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City Council Packet 11-19-1990
N CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING NOVEMBER 19, 1990 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. FORUM 6:30 P.M. 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL 4. PRESENTATIONS 7:00 P.M. A. Award of $5,000,000 - 1990 Public Improvement Bonds 5. CONSENT AGENDA 6. MINUTES 7. PETITIONS, REQUESTS AND COMMUNICATIONS A. Lowry Hill Construction Company. PUD Final Plat for "Deer Pond" located west of Zachary Lane and south of County Road 10 (89106) B. Approve Application for Community Development Block Grant (CDBG) Funds for 1991 (Year XVII) C. Award of Contract to Construct Home in Glacier Meadows 2nd Addition for CDBG Year XV Scattered Site Housing and Authorizing Project Cash Flow Transfers D. Development Contract Bond Reductions: 1. Deerwood Trail Addition (88016) 2. Ponderosa Woods Addition (88139) 3. Shiloh Pines Addition (88025) 4. Bay Pointe on Mooney Lake Addition 89005) 5. Parkers Lake Corporate Center Addition (88089) 6. Cheshire Business Center Addition 89082) 7. Quail Ridge of Plymouth Addition 85081) 8. Quail Ridge of Plymouth 2nd Addition (87021) 9. Quail Ridge of Plymouth 3rd Addition (87133) E. Accept Preliminary Engineering Report and Set Public Hearing on Extension of Trunk Sanitary Sewer for District NW 17 north of County Road 9 and west of Vicksburg Lane), Project No. 040 F. Approve Plans and Specifications and Advertise for Bids for Temporary Traffic Signal at County Road 9 and Annapolis Lane, Project No. 941 G. Adopt Resolution Requesting Speed Study: 1. Schmidt Lake Road - Highway 169 to Zachary Lane 2. County Road 101 - County Road 6 to South City Limits H. Disbursements for period ending October 31, 1990 I. Set public hearing for December 17 to Consider Revisions to Miscellaneous License and Permit Fees J. Trail along County Road 6 from I-494 to Juneau Lane - Recommendation from PRAC K. Proposal for School Hazard Study on Zachary Lane L. Authorization to enter into a Joint Powers Agreement for the establishment and operation of P.U.P.S. (Pets Under Police Security) S. REPORTS OF OFFICERS, BOARDS AND COIKISSIONS A. City Council Goals and Objectives for 1990/1991 - Progress Report B. Project Status Reports C. CCR Reports 9. ADJOURNMENT i CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 14, 1990 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst City Clerk SUBJECT: PLYMOUTH FORUM - NOVEMBER 19 I have been advised of at least four groups who will appear at the Plymouth Forum at 6:30 p.m. on November 19: 1. Barb Sykora, 4970 Quinwood Lane, and a group of residents will present the Council with a petition requesting ti:e permanent closing of the Rosewood Lane access to future Schmidt Lake Road. 2. Greg Oly, Speed Skating Instructor, and a group of speed skaters will appear to express their concern about inadequate lighting at Parker's Lake. 3. Ray Perry, Dave Zeman, and John Davis - President of the Deerhaven Homeowner Association, will share their concerns with the Council related to problems they have experienced with the developer and building at the Deerhaven Subdivision, located on the southwest quadrant of County Road 10 and Zachary Lane. For information, attached is a copy of their memo outlining the problems, as well as a memorandum to Blair Tremere and Fred Moore about the Homeowner Association concerns, based upon a telephone conversation with Mr. Ray Perry in early October. The Association is seeking assistance from the City in rectifying these matters prior to the City Council's consideration of the Deer Pond Subdivision currently being proposed by Lowry Hill Construction. 4. A group of citizens abutting proposed Schmidt Lake Road west of Fernbrook Lane will be present to share their concerns with the Council. DEER AVEN HOMEOWNERS ASSOCIATION November 7, 1990 Honorable Mayor and City Council Plymouth, Minnesota On behalf of the Board of Directors, and members of the Deerhaven Homeowners Association, we are writing to appeal to the City Officials of Plymouth for their assistance in alleviating serious problems at our development. We believe these problems are the result of non-compliance by the Developer with city approved drainage and landscape plans, and that corrections should be made by the Developer before they are permitted to continue the development of outlot "C" Deerpond). First, we would like to bring to your attention that the trees and berm on the north side of the complex are on County Rd.10 right of way and will likely be destroyed by the widening of this road. Any corrective work to bring this area into compliance with the original submission should be done by the Developer. As an alternative to this plan, can the City convince the County to move Bass Lake Rd. further north so the aforementioned destruction of berm and trees can be avoided? Second, we would like to inform you that there are at least nine homes with water in the underground heating ducts which not only restricts air -flow, but may also create a health hazard. The Developer claims no responsibility for these problems. Our consulting engineer has informed us that the final grading did not follow the submitted grading plan, causing surface water to be trapped and ponded. Eventually the surface water seeped into the the heating pipe system. A tiling system exterior to the units could relieve this surface water and correct the problem. Third, there is an area in the northeast quadrant, 11100 through 11150 57th Ave. N. where the blacktop paved street has broken up after just one year, due to surface water problems. There are numerous other individual complaints from homeowners that the Developer seems not to want to correct. We have attempted to work with the Developer to correct these problems during the past two years, with no success. Finally, we appeal to the Council and Staff for any help you can provide. In summary, we believe the above desciptions represent significant violations of the approved plans. Satisfaction has not been obtained in our dealings with the Developer. We, therefore, request the City staff and Council for support in remedying these critical problems and requiring the Developer to bring all non-conformance into compliance with previously approved plans. incere i C Deerhaven Homeowners Assoc' tion PLYMOUTH, MINNESOTA 55442 0 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: October 11, 1990 TO: Blair Tremere and Fred Moore FROM: Frank Boyles, Assistant City Manager SUBJECT: DEERHAVEN HOMEOWNER ASSOCIATION I received a telephone call from Ray Perry of the Deerhaven homeowner Association. Mr. Perry had numerous concerns. His concerns are as follows: 1. Bernie Barr, the developer of Deerhaven, apparently planted various pines and other landscaping on the northerly edge of the addition. Apparently, the landscaping is actually on Hennepin County Bass Lake Road right-of-way. Mr. Perry has asked whether the developer would be responsible for relocating the landscaping and guaranteeing its survival for one season. 2. The anticipated improvements to County Road 10 are going to widen the roadway and bring it closer to the most northerly townhomes in the development. The Homeowner Association wishes to know whether the City has any leverage on the County to install noise barriers. The Homeowner Association does not have the wherewithal to accomplish this work themselves and believes the County should be sensitive to the proximity of this development to the roadway. 3. Four or' five of the townhome units have experienced infiltration of water in the transit heat ducts. The developer has refused to remedy the problem. Does the city hold any bond which it could use to force the developer to remedy the situation, or whether the matter is simply one between private parties. 4. The developer has petitioned for eight additional units, south of Deerhaven, for a "Deer Pond." The Deerhaven Homeowner Association does not want this portion of the development to be part of their Homeowner Association, given the developer's track record. The Homeowner Association would like to know in advance when the City Council will consider the Deer Pond petition in order that they can be present to express their concerns. r DEERHAVEN HOMEOWNER ASSOCIATION October 11, 1990 Page 2 Blair and Fred, I know that Mr. Perry would like to meet with the staff regarding items 1 through 3. With respect to item 4, he just needs to know when the Council will be considering the deer pond in order that the Association can be present to express their concerns. Could you two let me know when you might be available to meet with Deerhaven representatives? He indicates that they are available both during the day and in the evening. Ray Perry's telephone number is 533-8948. FB:kec cc: James G. Willis, City Manager S.F. 10/15/90 V V. ESTIMATE 10/24/90 Net Interest Cost $2,164,312.50 Net Interest Rate 6.94% BID TABULATION 5,000,000 General Obligation Improvement Bonds of 1990 City of Plymouth, Minnesota SALE: Monday, November 19, 1990 AWARD: HARRIS TRUST AND SAVINGS BANK RATING: Moody's "Aai" NAME OF BIDDER BBI: 7.15% COUPON NET INTEREST COST RATE YEAR & RATE PRICE HARRIS TRUST AND SAVINGS BANK 5.75% 1993 Chicago, Illinois 5.85% 1994 Kidder, Peabody & Company, Inc. 5.95% 1995 Mesirow & Company 6.00% 1996 -1998 6.125% 1999 6.20% 2000 6.30% 2001 -2002 FIRST WISCONSIN NATIONAL BANK OF MILWAUKEE Milwaukee, Wisconsin UNITED BANK OF DENVER, N.A. Denver, Colorado CRONIN & COMPANY, INC. Minneapolis, Minnesota MILLER, JOHNSON & KUEHN, INC. Minneapolis, Minnesota MERRILL LYNCH CAPITAL MARKETS Chicago, Illinois DAIN BOSWORTH, INC. Minneapolis, Minnesota THE NORTHERN TRUST COMPANY Chicago, Illinois SMITH BARNEY, HARRIS UPHAM COMPANY, INC. Minneapolis, Minnesota 5.70% 5.80% 5.90% 6.00% 6.15% 6.20% 6.25% 5.75% 6.00% 6.30% 6.40% 6.50% 1993 1994 1995 1996 -1997 1998 1999 2000 -2002 1993 -1995 1996 -1999 2000 2001 2002 1,949,344.38 6.2529% 1,953,440.12 6.2660% 1,954,890.63 6.2706% 4,955,865.00 4,952,300.50 4,957,650.00 Ehlers and Associates, Inc. tNorwest Center 90 South Seventh Street Minneapolis, MN 55402-4100IDLEADERSINPUBLICFINANCE (612)339-8291 FAX (612)339-0854 WEEKLY MARKET RATES - AS OF CLOSE: FRIDAY NOVEMBER 16, 1990 REPRESENTATIVE U.S. TREASURIES MAT WKLY CHG 3 MO 7.29 +.03 6 MO 7.36 -.02 1 YR 7.26 -.05 2 YR 7.55 -.05 5 YR 7.94 -.12 7 YR 8.19 -.14 10 YR 8.30 -.17 30 YR 8.45 -.18 YIELDS TAX-FREE MUNICIPALS MAT AAA AA A BAA 1991 5.40 5.60 5.80 6.10 1995 5.85 6.05 6.25 6.55 2000 6.35 6.55 6.75 7.05 2005 6.70 6.90 7.10 7.40 2010 6.90 7.05 7.25 7.55 ECONOMIC DATA: M1 . +2.4 BLN CPI (OCT) ... 0.6% RETAIL SALES OCT) .. 0.1% INDUSTRIAL PROD (OCT ... -0.8% CAPACITY UTILIZ (OCT .. 82.6% MERCHANDISE TRADE (SEPT) ... -$9.416 CORPORATES TlAOA tl-lq-10 SELECTED INTEREST RATES THIS WEEK LAST WEEK 90 HIGH 90 LOW YEAR AGO PRIME RATE MAT AA 10.00 A 3 YEAR 8.00 8 1/4 5 YEAR 8 1/4 8 1/2 7 YEAR 8 3/4 9.00 10 YEAR 9.00 9 1/4 30 YEAR 9 1/4 9 1/2 SELECTED INTEREST RATES THIS WEEK LAST WEEK 90 HIGH 90 LOW YEAR AGO PRIME RATE 10.00 10.00 10.50 10.00 10.50 FED FUNDS 7 3/4 7 5/8 8 5/16 6 1/2 8 3/8 DISCOUNT RATE 7.00 7.00 7.00 7.00 7.00 DBI 20 BOND/10 YRS 6.55 6.71 7.06 6.55 6.76 BBI 20 BOND/20 YRS 7.15 7.24 7.56 7.03 7.12 RBI 25 BOND/30 YRS 7.42 7.53 7.83 7.33 7.39 BLUE LIST/MILLS 1098.9 975.0 1714.8 805.8 1218.9 30 DAY VISIBLE SUPPLY/MILLS 1039.1 1678.2 3232.6 983.6 1159.9 7------ 90 DAY COMMERCIAL PAPER 7.82 1 YEAR CD 8.05 3 YEAR CD 8.15 5 YEAR CD 8.35 15 YR GNMA 9.00% 8.70 MY 8.85 BEY 30 YR GNMA 9.00% COUPONS 9.20 MY 9.35 BEY 30 YR GNMA 9.50% CHANGED TO 9.25 MY 9.40 BEY 30 YR GNMA 10.00% CURRENT** 9.30 MY 9.45 BEY MINNESOTA RATINGS - MINNESOTA CITIES Minneapolis Rochester Aa -1 PLYMOUTH Edina Fridley Golden Valley Orono Roseville St. Louis Park W. Brooklyn Park Maplewood Red Wing Richfield St. Paul Wayzata Winona Q C C, r-^ N oC ^^ ^ C C C C O O O O Z Q N x N v M z 3 c C YS W ppenN LL M r- M N C c h L Y cNvr- C\ v'CCC J X C HS t/' OCONC'aV O Ct-CC CCOOMO E C - •--M N M O U Z CO nrCNMCO OCC CC U r C O x mOo OM COgyp^ CrC MCC -CCNC 0OC C N I . C14 C14 r- r- N d G 3_ O c G p Z 16 x OC v' v o = N 7 o c t N v xv M^MCCC CCOCNO $ U W* N 3 3 u. p NG . s 30 C4V) V S E v.- v v•- v t9 U Ln m m V) o© Cz 4- O Cn C C O O C o CIO T eek , N 4- 0.2 C .. O (A m Q OO C .0 N VU) o C o CIO 2 CD o c C :3 00 U Clirn IM O\ \ _ S ° Q CV as Q cSS f0 Q N <00 QC7 mN Mcv) T o o o -0-0 -0-0 - 00- o r Ln O RS O CU Cl) to Ci M p cc C6 Lq QCV QN Q*— < mT— mqt U to U) i5 AU al O O O Ci ct r cts U! C7 ri Cz CV) CA tz M QN Qr- Q0o QCV CO CV M N CO CO r G t chxv:`^:ON 11CICcc OCCOCC 0 C O N Mr,^r, Z Z.9 M M ^ N C14 I-0 C n W pp pp pppppp p a Dcl- Ox O C " Cr CC OCCOCO O v7 LU ..-%oc:.C, r-^ aCOCa gCaOQO g Wp V ^^% ^ ZQ Z vi x^^ C N v, V C a C C C C O p O p m oc a V) oc c N C g m y O C M M C 4 O O g g viX C H CC14 C4... Nth ^C C,N g70x CC COOOgC O ~ MZQ O. O N6 N OC N8: v P O C N N m 0 U C v N p O r M^ M (14 C W, C vC a C C C O C O O Y c a c-^C c, a QC7 C E o S' 0)0 tnOCyxx NC / rco gCOCQO O 8:5 LL C pa Y V U tV N t- N7 g Z O G h %nm Ocr- N gaccgc o O m eh v:-:,cc- oo C` ZCDrUcnn ` Y' 3..; 0 p ^xr-x r_cC... CCOOgC o Q v°cc'r^NvV m O c z 8 3 i o e 4L be . 2 cp I - 0. 3 3rN.v y rpp QQ v v C ia<aage ogo mVVLNgs%i 0 IM V)U B 13 0 P Distribution of Moody's G. O. Bond Ratings in Minnesota - 1980 vs. 1990 1980 Aaa 1.3% Aal /Aa 5.5% Al 9.7% A 46.8% Baal 21.4% Baa 15.3% 1990 Aaa 2.8% Aal /Aa 6.4% Al 9.1% A 33.9% Baal 22.0% Baa 25.1% Below Baa 0.7% r I 4C4 MINUTES REGULAR COUNCIL MEETING NOVEMBER 5, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Blvd., on November 5, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, Public Works Director Moore, Park and Recreation Director Blank, and City Attorney Thomson CONSENT AGENDA Councilmember Vasiliou asked that Item 6-J be Consent Agenda removed from the Consent Agenda. Councilmember Item 6 Helliwell asked that Items 6 -HH be removed from the Consent Agenda. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to approve the Consent Agenda with the deletion of Items 6-J and 6 -HH. Motion carried on a roll call vote, five ayes. MINUTES MOTION was made by Councilmember Zitur, seconded Minutes by Mayor Bergman, to approve the minutes of the Item *7 October 15, 1990, regular meeting. Motion carried on a roll call vote, five ayes. Regular Council Meeting November 5, 1990 Page 430 Community Development Director Tremere stated that this was a petition for a Land Use Guide Plan Amendment, MPUD Concept Plan, Preliminary Plat/Plan, Conditional Use Permit, and Rezoning for Plymouth Business Center 5th Addition. The land would be rezoned from FRD to Planned Industrial and to LA -3 (high medium density residential). This is a combined MPUD Concept Plan and Preliminary Plat/Plan application. Councilmember Vasiliou asked the petitioner about the status of efforts to acquire the three houses adjacent to the development. John Griffith, 601 Lakeshore Parkway, representing the Trammell Crow Company, stated that he has spoken with the property owners and made an offer of 110 percent of the appraised value. He has also attempted to keep the property owners abreast of the status of the petition. His offer for acquisition still stands. Linda Fisher, 1500 Northwestern Financial Center, and attorney for the petitioner, stated that they were prepared to make a presentation of this agenda item should the Council desire. She stated that they concur with all aspects of the staff report and Planning Commission action. John Starr, 3450 Fernbrook Lane, stated that he and the other residents feel "swallowed up" by industrial development. The new development will bring greater danger to his children getting to and from the school bus. The development will exacerbate the traffic congestion in the area by adding traffic to Fernbrook Lane, as well as to the new 34th Avenue. He asked that the City Council address the street safety issue and access issue as part of this petition. Councilmember Vasiliou asked about the school district's position regarding the bussing issue. Mr. Starr stated that his youngest child has been picked up by the bus at the house. His older children are in junior high and high school and Trammell Crow Co. Plymouth Business Center 5th Addition 90063) Item 6-A 16 it Regular Council Meeting November 5, 1990 Page 431 must walk to a bus stop. He is concerned about the street being slippery and that retaining walls adjacent to the roadway leave an unacceptable area for snow storage and for children to walk off-street. Councilmember Zitur asked Mr. Starr about the status of property negotiations. Mr. Starr stated the initial offer from Trammell Crow was well below their perceived market value. He felt it was not a fair offer. The second offer was closer to their desires, but Trammell Crow has not pursued negotiations further for some months. Councilmember Helliwell asked if Mr. Starr was speaking for all three neighbors. He stated that he was and that based on the proposals made, none of them would be able to move into a new house in a regular development in Plymouth, let alone a development with as natural a setting as they presently enjoy. Councilmember Ricker asked if he had a professional appraiser appraise his property. Mr. Starr stated "no" since the Trammell Crow offer was so far off their expectations, there was no basis to get more appraisers involved. Lowell Turner, 3430 Fernbrook Lane, stated he had purchased his property in 1958 and has lived there for 32 years. He understood for years that there would be effective buffering between his house and this land and the freeway. He is concerned about truck traffic on Annapolis Lane and about retaining trees in the area. He stated that the development would be far better off if the houses were removed and the sites regraded. He recited the contacts made between himself and Trammell Crow and stated at present homeowners are still waiting and are willing to negotiate with Trammell Crow Company in person and not by mail. Shirley Edman, 14130 35th Avenue North, stated she and her husband originally owned the 40 acres which comprise the Plymouth Business Center site. They were always under the assumption that they were in a residential zone and yet development in their area has included industrial. She does not Regular Council Meeting November 5, 1990 Page 432 want to live where industrial conflicts with residential usage. She is also concerned that there be sufficient screening between her property and the industrial. Councilmember Helliwell clarified that the development proposed to be closest to Edmans', will be multi -family units, not industrial buildings. Mrs. Edman and Mr. Edman stated concerns with the view, and said they were led to believe a natural barrier would remain. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to defer this item to provide the property owners and Trammell Crow representatives with adequate opportunity to meet to resolve the concerns they have with one another, including acquisition of the properties if appropriate. John Griffith stated that the deferral was a good idea and that he is anxious to again meet with the homeowners. Councilmember Helliwell stated she hoped that the homeowners would be able to relocate in Plymouth. Councilmember Ricker concurred. John Griffith stated he had already met with the neighbors to resolve many of their issues. The plan presented to the Council has been cut back substantially from the original plan in response to neighborhood concerns. Councilmember Ricker stated that he expected the Trammell Crow Company to pay for the houses, plus the closing costs and moving expenses as the City has done when public works projects were involved. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Helliwell, to direct the staff to prepare a letter to Independent School District 284 encouraging their response to the safety concerns identified by Mr. Starr in this area. Motion carried, five ayes. Regular Council Meeting November 5, 1990 Page 433 Director Tremere reported that this is a request of Independent School District 284 to amend the Site Plan, Conditional Use Permit, and obtain a Zoning Ordinance Variance for Gleason Lake Elementary School to install additional parking and for a monument sign. The resolution is recommended by the Planning Commission. The key issue needing resolution is the variance for parking which would be within 25 feet of the north property line versus the ordinance standard of 30 feet. Councilmember Helliwell asked for clarification of the location of the new parking. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-703 by Councilmember Ricker, to adopt RESOLUTION NO. AMENDED SITE PLAN, 90-703 APPROVING AMENDED SITE PLAN, CONDITIONAL CUP AND VARIANCE USE PERMIT AND VARIANCE FOR INDEPENDENT SCHOOL FOR GLEASON LAKE DISTRICT #284 (WAYZATA) FOR GLEASON LAKE SCHOOL (90065) ELEMENTARY SCHOOL (90065) . Item 6-B Councilmember Vasiliou stated that she will vote against the resolution because parking should have been taken into account in the original site plan. Motion carried on a roll call vote, four ayes, Vasiliou nay. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-704 by Mayor Bergman, to adopt RESOLUTION NO. 90-704 AMENDED SITE PLAN APPROVING AMENDED SITE PLAN AND CONDITIONAL USE AND CUP FOR PERMIT FOR INDEPENDENT SCHOOL DISTRICT #284 PLYMOUTH CREEK WAYZATA) FOR PLYMOUTH CREEK ELEMENTARY SCHOOL ELEMENTARY SCHOOL 90072). 90072) Item *6-C Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-705 by Mayor Bergman, to adopt RESOLUTION NO. 90-705 AMENDED RPUD PLAN, APPROVING AMENDED RPUD PLAN, CONDITIONAL USE CUP, AND FINAL PERMIT, AND FINAL SITE PLAN FOR BATON CORPORATION SITE PLAN FOR FOR "PARKVIEW APARTMENTS" (RPUD 76-1) (A-338). PARKVIEW APARTMENTS Motion carried on a roll call vote, five ayes. RPUD 76-1) A-338) Item *6-D Regular Council Meeting November 5, 1990 Page 434 Director Tremere stated that CVN Companies is seeking an amended site plan and zoning ordinance variance for the former C.O.M.B.S. Building. Two variances are involved. The first involves the existing structure, and the second is for existing parking which encroach into the respective minimum yard areas. The encroachments were recently discovered as part of the work for the sale of the building. The staff recommends the building variance, but not the parking variance, as the parking could be revised to meet City Code standards. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-706 APPROVING AMENDED SITE PLAN AND ZONING ORDINANCE VARIANCES (both parking and building) FOR CVN COMPANIES, INC. FOR THE FORMER C.O.M.B.S. BUILDING (90096). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-707 APPROVING LOT DIVISION/CONSOLIDATION FOR NORMA B. AND JOHN M. MCKEE TRUST AND JOHN WALTERS (90090). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-708 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR JOHN MCKEE (90090). Motion carried on a roll call vote, five ayes. Director Tremere stated that the proposal is for a service station, convenience store and car wash at Plymouth Boulevard and County Road 9. An area of concern is the landscaping along Plymouth Boulevard to buffer the site. The staff has recommended enhancements with evergreen trees to buffer the site from the roadway and adjacent multifamily housing. The developer has submitted an alternative landscaping proposal subsequent to the Planning Commission meeting on October 24. RESOLUTION 90-706 AMENDED SITE PLAN AND VARIANCES FOR CVN COMPANIES 90096) Item 6-E RESOLUTION 90-7Q7 APPROVING LOT DIVISION/CONSOLIDA TION (90090) Item *6-F RESOLUTION 90-70a SETTING CONDITIONS TO BE MET PRIOR TO FILING (90090) Item *6-F Amoco Oil Company 90091) Item 6-G Regular Council Meeting November 5, 1990 Page 435 Councilmember Helliwell stated that she wants to be sure the plan is specific so there is no question about the number, location, and type of trees. She questioned whether the Amoco plan of October 26 was in response to the Planning Commission recommendation. Director Tremere stated it was but the Commission was not specific about enhancements, and that Planner Dillerud's proposal as recommended to the Commission and as contained in the resolution provides for more dense screening. Joseph Finley, 1500 S. 5th Street, Suite 2300, Minneapolis, stated the staff recommendation provides for conifers planted on 15 foot centers. His concern is that this will not buffer the headlights. Their plan provides for ground level screening summer and winter by use of a dense hedgerow. He described the proposed plan adds various types of evergreens and junipers in addition to berming. He stated they were not opposed to the intent of the staff recommendation or to the earlier City direction for this site; they just feel that their October 26 plan will do a better job. MOTION was made by Councilmember Helliwell, RESOLUTION 90-709 seconded by Councilmember Zitur, to adopt AMENDED MPUD PREL. RESOLUTION NO. 90-709 APPROVING AMENDED MPUD PLAN, MPUD CUP AND PRELIMINARY PLAN, MPUD CONDITIONAL USE PERMIT AND MPUD FINAL SITE MPUD FINAL SITE PLAN FOR AMOCO OIL COMPANY PLAN FOR AMOCO OIL 90091) revising Condition No. 10 to delete the COMPANY (90091) second paragraph and insert "The landscaping plan Item 6-G relative to the Plymouth Boulevard frontage submitted by Amoco Oil Company dated 10-26-90 shall be incorporated with the approved plans." Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-710 by Mayor Bergman, to adopt RESOLUTION NO. 90-710 APPROVING LOT APPROVING LOT DIVISION/CONSOLIDATION FOR TERRY DIVISION/ AND KATHLEEN LEDELL (90094). CONSOLIDATION FOR LEDELL (90094) Motion carried on a roll call vote, five ayes. Item *6-H Regular Council Meeting November 5, 1990 Page 436 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-711 by Mayor Bergman, to adopt RESOLUTION NO. 90-711 SETTING CONDITIONS SETTING CONDITIONS TO BE MET PRIOR TO FILING OF TO BE MET PRIOR TO AND RELATED TO LOT DIVISION/CONSOLIDATION, FILING (90094) APPROVING SUBDIVISION ORDINANCE VARIANCES FOR Item *6-H TERRY AND KATHLEEN LEDELL (90094). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-711 by Mayor Bergman, to adopt RESOLUTION NO. 90-712 APPROVING LOT APPROVING LOT DIVISION/CONSOLIDATION FOR LEGRAN DIVISION/CONSOLIDA HOMES (90100). TION FOR LEGAN HOMES (90100) Motion carried on a roll call vote, five ayes. Item *6-I MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-713 by Mayor Bergman, to adopt RESOLUTION NO. 90-713 SETTING CONDITIONS SETTING CONDITIONS TO BE MET PRIOR TO FILING OF TO BE MET PRIOR TO AND RELATED TO LOT DIVISION/CONSOLIDATION FOR FILING (90100) LEGRAN HOMES (90100) . Item *6-I Motion carried on a roll call vote, five ayes. Councilmember Vasiliou stated that she had taken this item off the Consent Agenda to clarify how the landscaping gets done and who guarantees the work. She also asked whether planting can be completed this year. Director Tremere stated that the tree planting could be done this year and that according to the petitioner, Greenworks Landscaping would be responsible for completing the work and supporting the bond. Bill Williams, 1325 Peony Lane, stated that he is pleased things are moving ahead. He is concerned however that the trees be replaced if they do not survive. There are already three dead trees that have not been replaced and the developer has seemed to be reluctant to get the work done. He also inquired about whether a new fence would to be installed between the apartments and the adjacent land. Councilmember Zitur recalled an old fence was to be removed but he did not recall the requirement for a new fence. Regular Council Meeting November 5, 1990 Page 437 Mayor Bergman stated this is the first time he has heard about a new fence; it was not appropriate to require that now. Director Tremere stated that the approved plan does not call for a fence. There was discussion of the three dead trees identified at the last site inspection. The petitioner's representative stated they would be replaced along with the twelve new trees. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-714 APPROVING SUBSTITUTE SECURITY FOR LANDSCAPE SURVIVABILITY FOR SCHUETT INVESTMENT COMPANY FOR "COACHMAN TRAILS" (85022). MOTION to amend was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to add the requirement that the three trees which have died be replaced with like kind and size before the financial security is released. Councilmember Helliwell confirmed that a total of 15 trees would be planted. Motion to amend carried, five ayes. Main motion as once amended carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-715 AUTHORIZING RELEASE OF TREE PRESERVATION FINANCIAL GUARANTEE FOR DENNIS ARNE - FAWN CREEK ADDITION (90022). Motion carried on a roll call vote, five ayes. Director Tremere stated that Leonard Busch does not concur with the agreement which was drafted by the City Attorney. He stated that objections Mr. Busch is stating are based upon an earlier proposal Mr. Busch had made to the City regarding screening of the lights in his greenhouse facilities. Mr. Busch's October 31 letter was included in the Council packet. RESOLUTION 90-714 APPROVING SUBSTITUTE SECURITY FOR LANDSCAPE SURVIVABILITY FOR COACHMAN TRAILS 85022) Item 6-J RESOLUTION 90-715 RELEASE OF TREE PRESERVATION FINANCIAL GUARANTEE FOR FAWN CREEK ADDITION 90022) Item *6-K Status Report on Len Busch Roses Regarding Abatement of Lighting (90038) Item 6-L Regular Council Meeting November 5, 1990 Page 438 Director Tremere asked the City Council for clarification as to the nature of the performance the City Council desires and when it is to be achieved. He also asked whether the Council is seeking total or partial abatement? Are all greenhouses to be covered, or the new ones only? Should staff proceed with a nuisance complaint received November 5 even though the City is attempting to negotiate a cooperative agreement with Mr. Busch? Manager Willis stated staff believes the City Council wanted the City to work cooperatively to resolve this issue. Direction is needed on the next step to take. Councilmember Helliwell stated that Mr. Busch was considered by some area residents to be a good neighbor, and not a nuisance. Councilmember Ricker asked if the City has received a complaint, isn't it obligated to enforce the ordinance? Attorney Thomson stated that what has been received is an official complaint. The staff's obligation is to investigate to see if this is a public nuisance under Plymouth City Code Section 2010 and return to the City Council for appropriate action. Nothing in the proposed agreement with Mr. Busch would preclude such action. Councilmember Ricker stated that receiving the complaint changes the ballgame. Councilmember Zitur read from excerpts of an earlier meeting minutes on this subject. He concluded the residents of Amber Woods had indicated a willingness to work with Mr. Busch over time. Councilmember Vasiliou stated residents may have changed their position since corrective action did not seem to be taken and the nuisance continued. Leonard Busch, 4045 Highway 101, stated that while it sounds like he has been resisting or going the other direction with respect to Regular Council Meeting November 5, 1990 Page 439 screening the greenhouses, he has been testing the available screening technology on the new greenhouses. This has cost him $40,000. There is a lawsuit pending in California involving the manufacturer of the curtain and the acrylic which may determine what is caused an alleged break down of materials. He is concerned about investing up to $600,000 for the curtains, only to find that they will create problems and require him to pay up to $1.6 million to resolve lighting concerns without any assurance of results. He pointed out those greenhouses on the high areas and those in the low areas. He described non -urban residential and non-residential land uses adjacent to him and questioned whether or not the glare really affected these nonresidential uses. He displayed the portion of the greenhouses to be screened in 1991. Mr. Busch stated that the objective cannot be complete darkness and if it were, retail outlets such as Tom Thumb, etc., should be held to the same standard. He is experimenting with the screening device, but should not be expected to make the commitment to screen the remaining greenhouses until he knows whether the investment is effective. Councilmember Vasiliou stated that the Council has an understanding of what Mr. Busch can't do. She asked what he would be able to do. Mr. Busch discussed the Council's requirement for a plan for a berm; he can't install it until he has final elevations for Medina Road. Director Moore stated the preliminary elevations are available and not likely to change. Mayor Bergman asked what Mr. Busch could concur with in the agreement, or what specifically he would change? Mr. Busch stated that in Item No. 6 on Page 3 of the agreement there is language that all light sources would have to be shut off by 1993. He can't screen the gable ends of the greenhouses, nor is he sure whether his experiment will work. Regular Council Meeting November 5, 1990 Page 440 City Attorney Thomson stated that the agreement was based upon Mr. Busch's original plan as are the paragraphs in question. The fundamental issue is that Busch's original plan said that by 1993 all of the light sources be treated, and the City's interpretation was that full screening to abate the light would be completed by 1993. Councilmember Ricker stated that the timetable for installation included installation in the first two buildings. He believes that the agreement needs to have a "bail-out" clause in the event the experiment does not work or that the costs simply exceed Mr. Busch's ability to pay. He should have mileposts identified so the efforts can be judged as he goes along. Manager Willis stated that the best way to resolve this issue is to work cooperatively with Mr. Busch. Harold Winterhalter, 18260 Medina Road, stated that his house is located 150 feet from the greenhouses. His yard is lit but the light does not shine in his bedroom. The lights do not bother him; in fact, they are a benefit for security purposes. Josephine Hughes, 4025 Highway 101 North, stated that she would like to know the nature of the recent nuisance complaint. Mayor Bergman read the complaint letter. She stated she and her husband have been residents of the community from 40 to 60 years. Mr. Busch has been there for 25 of those years. Mr. Busch has given a lot to the community. The light is a nice hazy one. Her house is located right next door and, in her opinion, no damage is done by the lights. She asked about the lights in other commercial areas and whether or not they would be regulated. She stated that most persons with a problem could solve it simply by installing shades in their bedrooms. She asked whether the developers who were complaining lived in Plymouth. She read a letter from another neighbor who was unable to be present. She hoped that the Council will listen to those persons who are living there now, rather than those who may become residents in the future. Regular Council Meeting November 5, 1990 Page 441 Mayor Bergman observed that the City Council's job is to respect input from all persons whose views differ on a matter such as this. Leonard Etzel, 4125D County Road 101, stated that he lives right next to the greenhouse. The lights are the best security that he can get. He doesn't believe that Mr. Busch should have to make this major investment. Mary Leuer, 17435 Medina Road, stated that she has had no problem with the lights. She said a full moon can be brighter and the lights help her watch the deer at night. Steve Jacobitz, 3520 Urbandale Lane, stated that he represents Amber Woods Homeowners' Association whose president is Mr. Russ Waters. The impetus for the homeowners' association to register their concern about the greenhouses was when new ones were proposed for construction. It was at that point that the association decided to act upon what some felt had become a nuisance. When they purchased their homes, no one advised them of the glow. Why would the City allow such a condition to continue? He believes that the City now has the opportunity to resolve this issue and shouldn't let it pass. The homeowners' association is concerned that Mr. Busch failed to sign any agreement. While they have encouraged their membership to be patient for the time being, unrest is becoming more prevalent. It was their understanding that the problem would be resolved by 1993. At least in that way there would be no impact on their homes when they sell them. He stated that the problem is so extreme that the night sky glows can affect the market value of the houses and needs to be disclosed as part of the sale to future residents. Bill Pritchard, U.S. Homes, stated that his firm owns property south along Medina Road. He is pleased that Mr. Busch is willing to work with the City Council to resolve the problem, but they need a deadline to know when the lighting problem will be abated. Regular Council Meeting November 5, 1990 Page 442 Peter Pflaum, Lundgren Brothers Homes, stated that he has expressed his concerns with approximately seven other developers representing over 700 future residents of Plymouth in this area. The developers did not demand a total blackout; a specific time for compliance is needed. He stated that the City now has a complaint and is obliged to pursue it. The developers and future home owners are looking for a timetable to assure that a solution is reached within a reasonable period of time. Don Metz, 4005 Highway 101, stated he purchased the apple orchard to the north and west of Busch's property nine years ago. He was fully aware of the lights. He has no problem with them. Mary Weineziel, 18820 County Road 24, stated that she has been selling real estate for many years in the Amber Woods area. She has never heard a reaction from people about the lights, and that some persons have overstated this issue. She stated the big problem in Amber Woods has been that of water in basements. Councilmember Helliwell stated that she was concerned about the language in Items Five and Six on Page 3 of the proposed agreement. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to direct the City Manager and City Attorney to meet with Mr. Busch and try to work out an agreement pursuant to Council clarification regarding abatement. Mayor Bergman asked if, since two greenhouses had been screened, testing would take place. He asked that Mr. Busch invite the entire City Council when the test takes place so they can see it with their own eyes. Manager Willis stated the staff would look forward to try and resolve the problem in favor of everyone's interest. Councilmember Vasiliou stated that was a positive step; her concern is that the legitimate concerns of the neighbors must be addressed. Motion carried, five ayes. Regular Council Meeting November 5, 1990 Page 443 Councilmember Vasiliou stated she wants to make sure the Council protects all parties. She regrets the comments made about wet basements in Amber Woods. An application from Craig Scherber involving a Stone Creek preliminary plat/plan, conditional use permit, Item *6-M and rezoning for Stone Creek has been withdrawn by the petitioner and no action is required by the City Council. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-716 REDUCTION OF EROSION CONTROL FINANCIAL GUARANTEE FOR CRAIG SCHERBER FOR "SWAN LAKE WEST ADDITION" 89025) . Motion carried on a roll call vote, five ayes. Park and Recreation Director Blank stated that the Park and Recreation Advisory Commission PRAC) had reviewed Mr. Scherber's suggestion that the City acquire his parcel of land at County Road 101 and County Road 24 for park purposes. PRAC continues to feel that the property north of Highway 55, specifically land at Dunkirk and Old County Road 9, is the proper location for the next playfield site. MOTION was made by Councilmember Ricker, seconded by Councilmember Vasiliou, to direct the Manager to write a letter to Mr. Scherber stating that the City was not interested in the site he has proposed for park purposes. Motion carried, five ayes. RESOLUTION 90-716 REDUCTION OF EROSION CONTROL FINANCIAL GUARANTEE FOR SWAN LAKE WEST ADDITION 89025) Item *6-N Craig Scherber Request to Purchase His Property at C.R. 101 and C.R. 24 Item 6-0 Director Moore stated he would be meeting with Kings North the contractor to assure that reimbursement for Drainage Concerns the necessary work at Kings North is provided. Item 6-P If the contractor does not concur, the City will draw upon the letter of credit. Councilmember Helliwell asked whether the open ditch would be closed as part of this project. Director Moore stated only those areas that would be extensions of the existing storm drainage system would be covered. Regular Council Meeting November 5, 1990 Page 444 The report was accepted. Director Moore reported that the work at Quail Quail Ridge Update Ridge is 99 percent complete. He is trying to Item 6-Q assure that the final work is completed as soon as possible. The City Council accepted this report. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-717 REDUCING DEVELOPMENT BOND, BASS LAKE CORPORATE CENTER FIRST ADDITION (88146). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-718 REDUCING DEVELOPMENT BOND, FAWN CREEK ADDITION 90022). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-719 REDUCING DEVELOPMENT BOND, PONDEROSA WOODS ADDITION (88139) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-720 REDUCING DEVELOPMENT BOND, STEEPLECHASE 8TH ADDITION (90068). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-721 REDUCING DEVELOPMENT BOND, PLYMOUTH MEADOWS ADDITION (88112). Motion carried on a roll call vote, five ayes. RESOLUTION 90-717 REDUCING DEVELOPMENT BOND, BASS LAKE CORPORATE CENTER FIRST ADDITION 88146) Item *6-R-1 RESOLUTION 90-718 REDUCING DEVELOPMENT BOND, FAWN CREEK ADDITION 90022) Item *6-R-2 RESOLUTION 90-719 REDUCING DEVELOPMENT BOND, PONDEROSA WOODS ADDITION (88139) Item *6-R-3 RESOLUTION 90-720 REDUCING DEVELOPMENT BOND, STEEPLECHASE 8TH ADDITION (90068) Item *6-R-4 RESOLUTION 90-721 REDUCING DEVELOPMENT BOND, PLYMOUTH MEADOWS ADDITION (88112) Item *6-R-5 Regular Council Meeting November 5, 1990 Page 445 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-722 by Mayor Bergman, to adopt RESOLUTION NO. 90-722 REDUCING REDUCING DEVELOPMENT BOND, FERNBROOK MANOR DEVELOPMENT BOND, ADDITION (87128). FERNBROOK MANOR ADDITION (87128) Motion carried on a roll call vote, five ayes. Item *6-R-6 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-723 by Mayor Bergman, to adopt RESOLUTION NO. 90-723 REDUCING REDUCING DEVELOPMENT BOND, WATERFORD PARK PLAZA DEVELOPMENT BOND, ADDITION (87027). WATERFORD PARK PLAZA ADDITION Motion carried on a roll call vote, five ayes. (87027) Item *6-R-7 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-724 by Mayor Bergman, to adopt RESOLUTION NO. 90-724 REDUCING REDUCING DEVELOPMENT BOND, CATES PLYMOUTH DEVELOPMENT BOND, CREEKSIDE ESTATES (85019). CATES PLYMOUTH CREEKSIDE ESTATES Motion carried on a roll call vote, five ayes. (85019) Item *6-R-8 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-725 by Mayor Bergman, to adopt RESOLUTION NO. 90-725 REDUCING REDUCING DEVELOPMENT BOND, BASS LAKE ESTATES 2ND DEVELOPMENT BOND, ADDITION (86065). BASS LAKE ESTATES 2ND ADDITION Motion carried on a roll call vote, five ayes. (86065) Item *6-R-9 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-726 by Mayor Bergman, to adopt RESOLUTION NO. 90-726 REDUCING REDUCING DEVELOPMENT BOND, WILD WINGS 4TH DEVELOPMENT BOND, ADDITION (89050). WILD WINGS 4TH ADDITION (89050) Motion carried on a roll call vote, five ayes. Item *6-R-10 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-727 by Mayor Bergman, to adopt RESOLUTION NO. 90-727 ACCEPTING PETITION DECLARING ADEQUACY OF PETITION AND ORDERING AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - BAY REPORT, STREET POINTE ON MOONEY LAKE. LIGHTING - BAY POINTE ON MOONEY Motion carried on a roll call vote, five ayes. LAKE Item *6-S-1 Regular Council Meeting November 5, 1990 Page 446 MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-728 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING BAY POINTE ON MOONEY LAKE ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-729 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - STEEPLECHASE 8TH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-730 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING STEEPLECHASE 8TH ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-731 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - FAWN CREEK ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-732 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING FAWN CREEK ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-733 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF A ROADWAY EASEMENT (ANNAPOLIS LANE EXTENSION) DOCUMENT NO. 4557139. Motion carried on a roll call vote, five ayes. RESOLUTION 90-728 RECEIVING REPORT AND ORDERING STREET LIGHTING - BAY POINTE ON MOONEY LAKE Item *6-S-1 RESOLUTION 90-729 ACCEPTING PETITION AND ORDERING REPORT, STREET LIGHTING - STEEPLECHASE 8TH ADDITION Item *6-S-2 RESOLUTION 90-730 RECEIVING REPORT AND ORDERING STREET LIGHTING - STEEPLECHASE 8TH ADDITION Item *6-S-2 RESOLUTION 90-731 ACCEPTING PETITION AND ORDERING REPORT, STREET LIGHTING - FAWN CREEK ADDITION Item *6-S-3 RESOLUTION 90-732 RECEIVING REPORT AND ORDERING STREET LIGHTING FAWN CREEK ADDITION Item *6-S-3 RESOLUTION 90-733 ORDERING HEARING ON VACATION OF ANNAPOLIS LANE EXTENSION Item *6-T Regular Council Meeting November 5, 1990 Page 447 MOTION was made by Councilmember Zitur, seconded gESOLUTION 90-734 by Mayor Bergman, to adopt RESOLUTION NO. 90-734 APPROVING PLANS/ APPROVING PLANS AND SPECIFICATIONS, SCHMIDT SPECIFICATIONS, GARDENS WATERMAIN IMPROVEMENTS, CITY PROJECT NO. PROJECT NO. 034 034. . Item *6-U-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-735 by Mayor Bergman, to adopt RESOLUTION NO. 90-735 APPROVING CHANGE APPROVING CHANGE ORDER NO. 1, COUNTY ROAD ORDER NO. 1, 101/COUNTY ROAD 9 TRUNK WATERMAIN, CITY PROJECT PROJECT NO. 012 NO. 012. Item *6-U-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-736 by Mayor Bergman, to adopt RESOLUTION NO. 90-736 INSTALLATION OF INSTALLATION OF STOP SIGNS. STOP SIGNS Item *6-V Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-737 by Mayor Bergman, to adopt RESOLUTION NO. 90-737 REQUESTING SPEED REQUESTING HENNEPIN COUNTY DEPARTMENT OF STUDIES, COUNTY TRANSPORTATION TO CONDUCT SPEED STUDIES, COUNTY ROAD 9 ROAD 9. Item *6-W Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90 -733 - by Mayor Bergman, to adopt RESOLUTION NO. 90-738 REVISING CHANGE REVISING CHANGE ORDER NO. 3, WELL NO. 11 ORDER NO. 3 WATERMAIN, CITY PROJECT NO. 909. WELL NO. 11 PROJECT NO. 909 Motion carried on a roll call vote, five ayes. Item *6-X-1 MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-739 by Mayor Bergman, to adopt RESOLUTION NO. 90-739 PAYMENT NO. 7 REQUEST FOR PAYMENT NO. 7, DRILLING OF WELL NO. WELL NO. 11 11, CITY PROJECT NO. 909. PROJECT NO. 909 Item *6-X-2 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded RESOLUTION 90-740 by Mayor Bergman, to adopt RESOLUTION NO. 90-740 APPROVING CHANGE APPROVING CHANGE ORDER NO. 3, CONSTRUCTION OF ORDER NO. 3, FIRE STATION NO. I, CITY PROJECT NO. 825. FIRE STATION NO. I PROJECT NO. 825 Motion carried on a roll call vote, five ayes. Item *6-Y Regular Council Meeting November 5, 1990 Page 448 MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-741 REQUEST FOR PAYMENT NO. 4 AND FINAL, DEEP WELL NO. 12 - PUMPING FACILITY, CITY PROJECT NO. 909. Motion carried on a roll call vote, five ayes. Assistant Manager Boyles stated that the City Attorney had reached an agreement with representatives of Kevin and Lillian Begin under the terms of which a nuisance assessment would be revised from $36,000 to $16,000 and the court appeal would be dropped. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 90-742 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT 88-16672) - BEGIN/CITY OF PLYMOUTH NUISANCE ABATEMENT ASSESSMENT AND REASSESSING THE PROPERTY LOCATED AT 4300 FERNBROOK LANE (15-118-22-22- 0006) . Motion carried on a roll call vote, five ayes. Director Tremere reported that he and the Public Works Director reviewed the Lake Camelot Estates 3rd Addition site earlier in the day with the developer, residents, and the Mayor. The inspection was done to verify that certain improvements are not completed as reflected in the October 22 memorandum from Engineer Moore. Attorney Thomson stated work, the conditions of relate to the filing of documents. that in addition to site the letter of credit homeowner association Vivian Starr, 6060 Annapolis Lane, stated that she has been a resident of the area since May, 1988. Since that time there have been numerous walk-throughs of the development with Mr. Harstad or his representatives. After each walk-through, promises were made that the work would be done and nothing has happened. She is encouraging the City Council not to accept any more delays and act at this time by using the financial guarantee to undertake the remaining work. RESOLUTION 90-741 PAYMENT NO. 4 AND FINAL, DEEP WELL NO. 12, PROJECT NO. 909 Item 6-Z RESOLUTION 90-742 SETTLEMENT AGREEMENT ON BEGIN NUISANCE ABATEMENT ASSESSMENT Item 6 -AA Lake Camelot Estates 89044) Item 6 -BB Regular Council Meeting November 5, 1990 Page 449 Steve Schmitt, 1900 Silver Lake Road, New Brighton, stated he is an employee of Mr. Harstad's. He has walked through the site with a group today. He stated that the financial guarantee does not expire until April 1, 1991, and it is for about $80,000. He suggested that the City and Developer select an engineer to prepare a cost estimate to complete the work, the City would be provided the cash and when the Homeowner's Association is fully established, it would become responsible for completing the work. Mayor Bergman questioned how the City would accomplish work such as this under similar circumstances. Engineer Moore stated the City would cash the letter of credit and establish an escrow account. Any work over $15,000 would require a bidding process. Mike Brutlag, 6080 Dallas Lane, stated he is an attorney and concerned about the legal situation. There is a title problem affecting the common property. The property needs to be deeded to the homeowners' association. Mr. Harstad historically has tied this land transaction into the resolution of the problems for additional leverage. Mr. Harstad now has to pay the taxes on the property and complete the title work. Given the delays, the City needs to help the residents conclude this matter. Attorney Thomson stated the letter of credit should not be reduced whatsoever in order to ensure that both legal and physical steps are taken. The legal aspects should take no longer than two weeks. The City can cash the letter of credit since the terms of the agreement were not met. Steve Schmitt stated he cannot commit Mr. Harstad to anything without his knowledge. Director Moore stated he was concerned about the amount of time that would be necessary to define the work that needs to be done and in monitoring completion so that the City would not be Regular Council Meeting November 5, 1990 Page 450 overcharged. He estimated that the survey crew work could amount to $2,000-$3,000. Councilmember Helliwell stated the homeowners' association is tired of unkept promises by the developer. Mayor Bergman asked if the grading could be completed this year. Director Moore stated it would be unlikely this fall given the wetness in some of the areas. MOTION was made by Mayor Bergman, seconded by Councilmember Helliwell, to direct that the letter of credit be cashed and placed in an escrow account and to ensure that the remaining work is undertaken as quickly as possible. Motion carried on a roll call vote, five ayes. Assistant Manager Boyles reported that representatives of Kenny's Liquor, Inc. have agreed to waive their right to a public hearing and pay a $2,000 fine for the third liquor violation against the store, which occurred in April, 1990. MOTION was made by Councilmember Vasiliou, Kenny's Liquor Law seconded by Councilmember Ricker, that the staff Violation be directed to inform Kenny's Liquor, Inc., that Item 6 -CC Kenny's request to waive the public hearing is granted and that the $2,000 penalty has been assessed and that the money is to be deposited in the City's D.A.R.E. account. Motion carried, five ayes. Director Moore stated he is requesting that the Capital City Council review the proposed Capital Improvements Improvement Program for 1991-1995 and provide Program suggestions for revision prior to final Item 6 -DD consideration later this year. Councilmember Zitur stated that the dirt road by the Powell Lincoln-Mercury business should receive some form of dust control or improvement. Director Moore stated the City could pave the road but that this road is to be abandoned and that the cost for any improvements would have to be paid by the City. Regular Council Meeting November 5, 1990 Page 451 Councilmember Helliwell stated the dust situation is very difficult on this and other roads because it is impossible to keep the roadway moist at all times. Director Moore stated that as development takes place, right-of-way is normally taken through dedication and improvements are assessed against the benefiting property. In this area there is no developing property. Councilmember Helliwell asked why Schmidt Lake Road was being improved when there was no development in the area. Director Moore stated a development contract provides for the completion of Schmidt Lake Road. He further stated that dust control along the Powell Lincoln-Mercury piece would be 1/4 to 1/2 mile. This roadway will be abandoned when another roadway segment is complete. Councilmember Helliwell asked whether the road should be abandoned now. Councilmember Zitur stated the property owner adjacent to the roadway pays taxes and the City should do something to control dust. He expressed concern that if this roadway were abandoned, cars would cut through 34th Avenue, which is something residents have previously expressed concern about. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, that the Public Works Director implement dust control procedures within one block of the County Road 9/Xenium Lane intersection. Motion carried, five ayes. Marilyn Thompson, 11018 Old County Road 15, asked why the City is not making plans to acquire property for County Road 73. She stated she was pleased to receive a letter from the City Manager providing her with information about the potential development of this roadway. She understands that the Planning Commission is recommending that the County Road 73 alignment be moved back to 1993. On the other hand, she is aware that the I-394/County Road 73 intersection will increase traffic and accelerate the need for Regular Council Meeting November 5, 1990 Page 452 the road's completion. She asked for a clarification on this situation. Manager Willis stated the City can't assure whether the work schedule on this roadway will be based on actual traffic volumes or if specific development petitions might accelerate the work. Consequently, the City cannot be sure of the timing of the project. Councilmember Zitur stated a major concern is the Minnetonka redevelopment which is likely to make the road necessary. Councilmember Vasiliou asked about the proposed Community Center for 1991. Manager Willis stated the City Council needs to make a determination with respect to this issue on whether or not and when a Community Center would be considered. If it is to be considered, then financing must be established. Councilmember Zitur asked that a survey be conducted to determine whether the Community Center is desired by the community. Councilmember Helliwell stated that the Financial Task Force is to deal with this issue. Mayor Bergman stated he wants to hear more about the City's ability to finance these projects through the Financial Task Force strategic planning activities. Manager Willis stated the Financial Task Force information will assist in planning for such capital improvements. MOTION was made by Councilmember Helliwell to delete Schmidt Lake Road from the 1991-1995 Capital Improvement Program. Motion died for lack of a second. Park and Recreation Director Blank stated that Item No. 14, Timbershores Parking Lot, should be moved to 1991 given the fact that Deer Ponds is to be constructed in the near future. It would Regular Council Meeting November 5, 1990 Page 453 be preferable to have the parking lot in before the houses are in place, and it would also improve safety concerns because of the present parking on Zachary Lane. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to move Item No. 14, completion of the Timbershores Parking Lot, to 1991 in the Program. Motion carried, five ayes. Assistant Manager Boyles reviewed the proposal to Proposed Customer implement a comprehensive Customer Service Service Program Program at Plymouth, the total cost of which Item 6 -EE would be $30,000 for the first year. Councilmember Vasiliou suggested a less expensive program such as the $1,000 program used by Maple Grove or Blaine might be more effective. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to table the proposed Customer Service Program pending receipt of information about the Maple Grove and Blaine customer service efforts. Motion carried, five ayes. Assistant Manager Boyles stated the City has retained $150,000 of Medicine Lake Line's money to protect itself against audit claims made by the Regional Transit Board (RTB) for Metrolink service between 1983 and 1990. An agreement has now been reached between the RTB, Medicine Lake Lines, and the City which will protect all interests and allow the $150,000 to be released to the RTB. The agreement is recommended for Council adoption. MOTION was made by Councilmember Ricker, seconded RESOLUTION 90-743 by Councilmember Vasiliou, to adopt RESOLUTION AUTHORIZING NO. 90-743 AUTHORIZING THE CITY MANAGER TO ENTER SETTLEMENT INTO A SETTLEMENT AND MUTUAL RELEASE AGREEMENT AGREEMENT WITH MLL WITH MEDICINE LAKE LINES AND REGIONAL TRANSIT AND RTB BOARD. Item 6 -FF Motion carried on a roll call vote, five ayes. Regular Council Meeting November 5, 1990 Page 454 Assistant Manager Boyles stated that at the October meeting, the City Council directed that a one-year extension of the MTC contract not be considered until a report is supplied on the number of breakdowns which have occurred and a survey of passengers takes place. A report was submitted by MTC showing that of 2,886 trips, 27 service related calls have been required. The MTC has now placed a spare bus by the park and ride lots in the morning and by the downtown pickups in the evening so that the vehicle can be called in quickly in the event of breakdown. A survey of 349 Plymouth Metrolink passengers showed that there is strong support for the service provided by the MTC with over 292 people or 95 percent stating that all in all they rate the MTC service to be satisfactory, above average, or excellent. MOTION was made by Councilmember Helliwell, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 90-744 AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO AN EXTENSION OF THE 1990 AGREEMENT FOR OPERATION AND MANAGEMENT OF THE PLYMOUTH METROLINK SYSTEM WITH THE METROPOLITAN TRANSIT COMMISSION. Motion carried on a roll call vote, five ayes. RESOLUTION 90-744 AUTHORIZING EXTENSION OF THE 1990 AGREEMENT FOR METROLINK SYSTEM WITH MTC Item 6 -GG Park and Recreation Director Blank stated he is seeking City Council approval for the location of ice rinks for 1990-91 season. MOTION was made by Councilmember Helliwell, RESOLUTION 90-745 seconded by Councilmember Vasiliou, to adopt APPROVING ICE RESOLUTION NO. 90-745 APPROVING ICE SKATING RINK SKATING RINK LOCATIONS FOR THE 1990-1991 WINTER SEASON. LOCATIONS Item 6 -HH Motion carried on a roll call vote, five ayes. Councilmember Vasiliou asked whether a price could be obtained on printing the recreation insert as a single 11 x 17 inch folded insert into the Plymouth News. She requested staff check on a six month, rather than twelve month, extension and what the cost might be for the revised insert format. Regular Council Meeting November 5, 1990 Page 455 MOTION was made by Councilmember Vasiliou, seconded by Mayor Bergman, to table this item until additional information is provided to the Council. Motion carried, five ayes. Public Works Director Moore stated the Special Assessment Committee had met to discuss a number of issues. The first was private streets. He stated that they are in the process of identifying the approximate cost of maintaining the total mileage of City streets. Councilmember Helliwell suggested that there is a New Jersey model where streets have been phased in from private to public ownership, where financial responsibility is shifted each year over time. With respect to deferred special assessments, the Committee recommends that the deferral be made for the six assessments for five years and at the end of the original assessment, no further interest would be charged. The property owners would be provided with a 90 -day period to pay off the principal without interest. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt this recommendation. Motion carried, five ayes. The Assessment Committee recommends that with respect to the County Road 9 watermain project, that any homestead property with a single family home on the opposite side of the roadway from the watermain would not receive City water service unless specifically requested by the property owner. If no water service is installed, the property would not be assessed for lateral water benefit. If the property owner requests water service to be installed, then the property owner would be assessed for a maximum of 165' of frontage for lateral watermain assessment. The properties would be assessed for water area benefit. There would be no deferral of this assessment. Plymouth Newsletter Item 6 -II Special Assessment Committee Item 7-A Regular Council Meeting November 5, 1990 Page 456 MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to approve this recommendation. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-746 APPOINTMENT OF MAYOR KIM M. BERGMAN TO PLYMOUTH CIVIC LEAGUE. Motion carried on a roll call vote, five ayes. Finance Director Hahn reported on the Third Quarter Financial Statement. He stated that permits for new construction are lower than last year. He noted that permits for remodeling are up and these type of permits can involve a substantial amount of time to service. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to accept the report. Motion carried, five ayes. Manager Willis reported that the City had acquired a site for senior citizen housing through Community Development Block Grant (CDBG) funds. The agreement provided the City six years in which to develop the site. Nothing has occurred because federal funds have not been available to assist in subsidizing the construction and private sector development proposals have not been able to adequately finance construction in order that the rents can meet federal guidelines. Dave Crain, Chair of the Housing and Redevelopment Authority (HRA) reviewed the staff memorandum and stated that the HRA has concluded it is appropriate to pursue affordable senior citizen housing on the site and that financial information has been developed through the City and HRA which indicates that it is possible for the City of Plymouth through the HRA to develop the site. The City should purchase the site so the federal grant constraints could be lifted and so eventually the HRA could proceed at the Council's direction toward senior citizen housing development. RRSOLUTION 90-746 APPOINTMENT OF MAYOR TO PLYMOUTH CIVIC LEAGUE Item *7-B HRA - Senior Citizen Housing Site and Development Item 7-D Regular Council Meeting November 5, 1990 Page 457 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-747 seconded by Councilmember Zitur, to adopt ACQUISITION OF RESOLUTION NO. 90-747 AUTHORIZING MAYOR AND CITY OUTLOT A, PLYMOUTH MANAGER TO ACQUIRE OUTLOT A, PLYMOUTH HILLS 4TH HILLS 4TH ADDITION ADDITION. Item 7-D Motion carried on a roll call vote, five ayes. Public Safety Director Carlquist stated that the Public Safety Building Committee is recommending to the City Council that the architectural team of Polson-Trossen-Wright be selected to design the public safety building. The primary concern which the Committee had was the "grossing factor" used by Polson-Trossen-Wright. After additional inquiry, they are now comfortable with the basis for the factor used. MOTION was made by Councilmember Helliwell, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-748 SELECTION OF PUBLIC SAFETY BUILDING ARCHITECT AND CONTINUED ROLE OF PUBLIC SAFETY COMMITTEE. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to direct the City Attorney to provide the Council with information about the possibility of establishing a moratorium on building permits in the area around Len Busch Roses, Inc., until the lighting issue is resolved. Motion carried, five ayes. Councilmember Zitur stated that County Commissioner Tad Jude is looking for positive support on the community library issue. Mayor Bergman stated he has asked the City Manager for a list of City Council directions. He stated it would be helpful for the Council to know the status of these projects underway so they understand the load the staff is carrying. Councilmember Vasiliou asked about the status of storage buildings at Oakwood Playfield. She j SELECTION OF PUBLIC SAFETY BUILDING ARCHITECT Item 7-E Request for Opinion on Permit Moratorium - Len Busch area Plymouth Library List of Council Directives Storage Facilities at Oakwood School Regular Council Meeting November 5, 1990 Page 458 stated she is interested in knowing whether additional storage facilities would be installed and whether this was consistent with the City's zoning ordinance. Councilmember Vasiliou asked the status of the Landscaping City Code revisions on landscaping improvements Improvements, and entrance monuments. Director Tremere stated Entrance a draft ordinance has been prepared for Planning Monuments, Commission review at public hearing. Junk/Debris Councilmember Vasiliou requested that a report be provided on junk and debris in yards and how the City presently enforces such problems. She asked that the issue of junk cars be addressed as well. City Manager Willis stated that Sumek and Sumek & Associates Associates will be available to meet with the Fire Dept. Study Council on December 7. He encouraged Council members to call Sumek representatives prior to this time if they desired. Councilmembers suggested that a pre -interview take place with each City Councilmember individually. Manager Willis reported that the Park and Budget Meetings Recreation Budget will be discussed at 9:00 a.m., Tuesday, November 6. Councilmembers Helliwell and Ricker are on that Committee. A Budget study session was scheduled for November 21 at 6:00 p.m. with the entire City Council. Another is set for November 26 at 4:00 p.m. The Council directed that a "Fact Sheet" be Tax Statements prepared for their use in responding to questions they will receive from residents about the Truth in Taxation statements that are being mailed out on November 6. The meeting adjourned at 11:53 p.m. 4 4-R MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: Novemberl3, 1990 for City Council Meeting November 19, 1990 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director Apl'— SUBJECT: SALE OF $5,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS ACTION REQUESTED: The City Council has advertised the sale of $5,000,000 General Obligation Improvement Bonds to finance special assessment projects currently underway. The sale is scheduled for 7:00 P.M. Monday Evening. We have requested a rating from Moody's Investors Service on these bonds. Moody's rated the last city issue Aa. Bids will be opened and tabulated at 11:00 A.M. with representatives from Ehlers and Associates. The tabulations will be provided at the Council Meeting. It is recommended that the Council award the bid to the bidder with the lowest net interest cost and best bid received. The attached resolutions provide for the format of the transactions, although the actual bid data will have to be inserted following receipt of the bids. Extract of Minutes of Meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was duly held in the City Hall in said City on Monday, November 19, 1990, commencing at 7:00 P.M. The following members were present: and the following were absent: s The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's $5,000,000 General Obligation Improvement Bonds of 1990, as advertised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the City's official newspaper and in Northwestern Financial Review, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Notice of Sale of the Bonds. The bids were as follows: 1 After due consideration of the bids, Member then introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $5,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1990 FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase 5,000,000 General Obligation Improvement Bonds of 1990 (Bonds) of the City described in the Official Notice of Sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity Interest Rate 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Net effective interest rate: % Year of Maturity Interest Rate 1.02. The sum of $ being the amount bid by the Purchaser in excess of $4,940,000 will be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $5,000,000, originally dated December 16, 1990, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: Year Amount Year Amount 1993 600,000 1998 400,000 1994 675,000 1999 400,000 1995 725,000 2000 450,000 1996 400,000 2001 475,000 1997 400,000 2002 475,000 1.04. Optional Redemption. The City may elect on February 1, 1995 and on any interest payment date thereafter to prepay Bonds maturing on or after February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on February 1 and August 1 of each year, commencing August 1, 1991, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Re istration. The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. 3 c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. e) I_mproper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any 4 defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints the Finance Director of the City as the initial Registrar. In the event the Bonds are no longer registered in the name of a securities depository as provided in Section 7 hereof, the Finance Director may continue as Registrar, or the Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with the successor Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be prepared under the direction of the Clerk and executed on behalf of the City by the signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, if facsimile signatures are used, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certif- icate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 5 Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION IMPROVEMENT BOND OF 1990 Date of Rate Maturity Original Issue CUSIP February 1, December 16, 1990 kM"I Registered Owner: Cede & Company The City of Plymouth, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum specified above on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing August 1, 1991, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the City Finance Director as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1995, and on any interest payment date thereafter, to prepay Bonds of this issue maturing on or after February 1, 1996. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the 10 million limit allowed by the Code for the calendar year of issue. 6 Additional provisions of this Bnnrl Ara +—-- - JT TEN -- as joint tenants with right of survivorship and Act ............ . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT nto For value received, the undersigned hereby sellsq the within Bond and all rights thereunder, transfers and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Holmes be Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on each Bond, togetherwithacertificatetobesignedbythefacsimilesignatureoftheClerkinsubstantiallythe form set forth in the form of Bond. The Clerk is authorized and directed to execute such 1 certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. INSERT Section 4. Payment: Security: Pledges and Covenants. 4.01. The Bonds are payable from the Improvement Bonds of 1990 Debt Service Fund Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price paid by the Purchaser and the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit and abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: a) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1991 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improve- ment financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. b) In the event of any current or anticipated deficiency in Assessments, the City Council will levy ad valorem taxes in the amount of the current or anticipated deficiency. c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 10 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Director of Property Taxation of Hennepin County and to obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, City Manager and Finance Director are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds together with other obligations reasonably expected to be issued in calendar year 19_) exceed the small -issuer exception amount of $5,000,000. b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 11 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(bX3) of the Code, the City makes the following factual statements and representations: a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; c) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(cX3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1990 will not exceed $10,000,000; and d) not more than $10,000,000 of obligations issued by the City during calendar year 1990 have been designated for purposes of Section 265(bX3) of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. Section 7. Book -Entry System; Limited Obligation of City. 7.01. The Bonds shall be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Bond Registrar in the name of Cede do Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in this section, all of the outstanding Bonds shall be registered in the registration books kept by the Bond Registrar in the name of Cede do Co., as nominee of DTC. 7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede do Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent shall have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede do Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payemnts shall be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or 12 interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, shall receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to the Finance Director of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede do Co., and the words "Cede do Co.," shall refer to such new nominee of DTC; and upon receipt of such a notice, the Finance Director shall promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Finance Director. 7.03. Representation Letter. The form of representation letter proposed to be submitted to DTC, which is on file with the Finance Director and presented to this meeting Representation Letter), is hereby approved, and the Finance Director is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the Finance Director and the City Attorney may approve, which approval shall be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times be complied with. 7.04. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event the City shall issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this Resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City shall issue and the Bond Registrar shall authenticate Bond certificates in accordance with this resolution and the provisions hereof shall apply to the transfer, exchange and method of payment thereof. 7.05. Payments to Cede & Co. Notwithstanding any other provision of this resolution to the contrary, so long as any Bond is registered in the name of Cede do Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 13 r1i so r MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 9- A DATE: November 15, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator CharlesE. erud through Community Development Director Blair Tremer SUBJECT: LOWRY HILL CONSTRUCTION COMPANY. RPUD FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR "DEER POND," WEST OF ZACHARY LANE AND 250 FEET SOUTH OF 57TH AVENUE NORTH (89106) (RPUD 81-4) ACTION REQUESTED: Adopt the attached resolutions providing for approval of the RPUD Final Plan/Plat and Development Contract; setting conditions prior to recording of the Final Plat with Hennepin County; and adopting assessments. A Development Contract has been submitted to the petitioner, and it has been returned not executed with a letter explaining the reasons. BACKGROUND: In 1981, by Resolution 81-401, the City Council approved the RPUD Preliminary Plan/Plat and Conditional Use Permit for the Deerhaven RPUD, including this parcel. Because of the unavailability of municipal sewer to this 1.6 -acre portion of the RPUD, the Final Plat for the Deerhaven RPUD designated this site as an outlot. Sewer has now become available to the site, and the developer now proposes to replat the outlot into the individual building lots on which eight duplex units would be constructed. In his letter of November 8, 1990, Mr. Barr of Lowry Hill Construction Company references a discrepancy between two staff letters with respect to his responsibility for paving the trail to be constructed parallel to Zachary Lane between Deerhaven 3rd Addition and Deer Ponds. A Development Contract covering the entire Deerhaven development specifies that the paving was to be at the developer's expense. That provision was a part of the negotiated park dedication satisfaction arrived at in 1981. A December 8, 1989 letter to Mr. Barr indicating that he would receive credit for the see next page) Page Two File 89106 paving was incorrect. Credit for the paving of public trail is provided by policy for newer plats, but was not the rule per policy for plats approved as early as 1981. The Director of Public Works has submitted a memorandum addressing Mr. Barr's proposal to construct the trail parallel to Zachary Lane after Zachary Lane is widened; and, with respect to Mr. Barr's proposal to change the starting date and completion date in the contract. The Development Contract that is attached reflects other modifications that had previously been requested by Mr. Barr and concurred in by the Director of Public Works with respect to specific improvement line items. The Development Review Committee has reviewed this proposed Final Plan/Plat and finds it consistent with the approved Preliminary Plan for the site and the provisions of City Council Resolution 83-125 regarding the approval of Final Plats and Final RPUD Plans. CONCLUSIONS AND RECOMMENDATIONS: I hereby recommend adoption of the attached resolution providing for the approval of the Final Plat/Final Site Plan/Development Contract for the Deer Ponds" development. Consistent with our findings with respect to the provisions that the previous Development Contract concerning responsibility for cost of trail construction; and the recommendations of the City Engineer regarding timing of trail construction, we recommend the Development Contract be approved as drafted (Condition No. 2) and not revised as requested. ATTACHMENTS: 1. Resolution Approving Final Plan/Plat and Development Contract 2. Resolution Setting Conditions to be Met Prior to Recording of the Final Plat 3. Development Contract 4. Petitioner's Letter of November 8, 1990 5. Engineer's Memorandum 6. Location Map 7. Final Plan/Plat 8. Approved Preliminary Plan cc/cd/89106:dl) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the, day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR LOWRY HILL CONSTRUCTION COMPANY (89106) (RPUD 81-4) WHEREAS, Lowry Hill Construction has requested approval for Final Plat for Deer Ponds," west of Zachary Lane and 250 feet south of 57th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Lowry Hill Construction Company for "Deer Ponds," west of Zachary Lane and 250 feet south of 57th Avenue North; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 90 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LOWRY HILL CONSTRUCTION COMPANY (89106) (RPUD 81-4) WHEREAS, the City Council has approved the Final Plat and Development Contract for Lowry Hill Construction Company for "Deer Ponds," west of Zachary Lane and 250 feet south of 57th Avenue North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. Park Dedication has been satisfied with previous additions and after the developer completes the paving of the trail to the south line of Deerhaven Addition. This requirement was included in the Development Contract for Deerhaven Addition. There is no reimbursement for the paving of the trail. 3. No building permits shall be issued until a contract has been awarded for the construction of municipal sewer and water. 4. Removal of all dead or dying trees from the property at the owner's expense. 5. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 6. No yard setback variances are granted or implied. 7. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 8. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. see next page) Resolution No. File 89106 Page Two 9. Appropriate legal documents regarding Homeowner Association covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 10. The Final Plat mylars shall contain a statement noting that the plat is part of the approved RPUD 81-4 per Section 9 of the Zoning Ordinance. 11. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. 12. No building permits shall be issued for Lots 2, 3, 4, 5, 6, 7, 8, and 9, Block 1 prior to the trail being paved. 13. The Developer shall comply with those provisions of City Council Resolution 89-439 that apply. The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 1. SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of Deer Pond 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets Thirty-two (32') wide face to face curb, concrete curb and gutter design in conformance with City Standard Plate No. None 7 - seven ton design with 2. STREETS (continued) b. Collector and/or Thoroughfare Streets Zachary Lane Turn Lanes 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1982. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. off:M 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Department. 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department. The Developer shall pay to the City Treasurer upon execution of this Contract *One Thousand One Hundred Eighty Five and 03/100 --Dollars 1,185.03) to cover all City administration cost required in preparing and administering this Contract. * $39,501 x 3% _ $1,185.03. 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainage will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Control, Resolution No. 84-760 or its latest revision. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the cleaning of storm sewer, ditches, ponds, etc., necessitated by erosion from said land development, the Developer's bond will include said maintenance costs as shown in Paragraph 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 1 , 19 91 . 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. 9 - 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certified check, certificate of deposit, or irrevocable letter of credit in the amount of $39,501 as shown in Paragraph 8, or a surety bond in the amount of $59.251, which is 150% of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 20% twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the City. 6.4 Prior to commencing any grading, a cash deposit in the amount of $ 1.000 and an irrevocable letter of credit in the amount of $_3_,600 as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars ($25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc.) as specified: 10 - Design, Admin., Insp., As-Builts 12%) 3,027 1,205 4,232 TOTAL: $ 28.251 $ 11.250 $ 39.501 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners` association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total 1,000 $ 2,600 $ 3,600 ESTIMATED,COSTS ITEM Public( 1) Private"" Total Street Construction (Turn lanes) 2,990 0- 2,990 Sanitary Sewer System 7,600 0- 7,600 Watermain System 7,510 0- 7,510 Storm Sewer System 0- 0- 0- Boulevard and Drainage Swale Sod 0- 4,125 4,125 Pond or Ditch Construction 0- 0- 0- Street Signs (1 x 150) 0- 0- 0- Park & Trail Improvements 7,124 0- 7,124 Site Grading & Drainage Improvement -0- 5,920 5,920 SUB -TOTAL: 25,224 10,045 35,269 Design, Admin., Insp., As-Builts 12%) 3,027 1,205 4,232 TOTAL: $ 28.251 $ 11.250 $ 39.501 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners` association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total 1,000 $ 2,600 $ 3,600 8.3 a 9.1 10 The water and sanitary sewer area type assessments for this development are as follows: None The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them. The water and sanitary sewer Residential Equivalent Connection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for reshaping said streets because of snow plowing operations, and if they are requested and providing snow plowing service, it does not constitute final acceptance of said streets. The developer shall contract for street cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this 12 - 10. Acceptance of Subdivision in Units (continued) contract. The Developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the Developer. The Developer shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar as -built" reproducibles for all phases of construction included in this contract. 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate C. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 81-401 by the City Council on July 7. 1981 subject to 12 (twelve) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13.0 Land Dedicated for Public Use Parks and Private Recreation Areas 13.1 Park Dedication has been satisfied with previous additions and after the developer completes the paving of the trail to the south line of Deerhaven Addition. This requirement was included in the development contract for Deerhaven Addition. There is no reimbursement for the paving of the trail. 14.0 Other Requirements 14.114.1 Compliance with the City Engineer's memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 13 - 14.0 Other Requirements (continued) 14.3 No building permits shall be issued until a contract has been awarded for sewer and water, and the MPCA Permit issued. 14.4 No building permits shall be issued for Lots 2, 3, 4, 5, 6, 7, 8, and 9, Block 1 prior to the trail being paved. 14.5 No building permits shall be issued until the Final Plat has been filed and recorded at Hennepin County. 14.6 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.7 Yard setbacks shall be per the approved RPUD 14.8 Final Plat Mylars shall refer to RPUD No. 81-4. 14.9 Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions, as approved by the City Attorney, shall be filed with the Final Plat. 14.10 The Developer will provide copies of the current overall PUD Plan and its current conditions as an addendum to their purchase agreement. 15. Tree Preservation 15.1 The Developer shall comply with those provisions of City Council Resolution No. 89-439 that apply. 14 - a 3 !i il ri it . i- • I iF t' I a j f * is 3 iii s= I s aft i_A 1 \ 'if cIi 3N V 1 AO Y H Ma ZZ JII ago I w• w _ rf i ( iJ a w' •i v N 7 , = at f - • Ago' NOW wo V-711 V/ /rJ_5TJ . City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: January 11, 1990 FILE NO.: 89106 PETITIONER: Mr. Bernard Barr, Lowry Hill Construction Company, 6150 Hemlock Lane N., Plymouth, Mn. 55442 FINAL PLAT: DEER POND LOCATION: West of Zachary Lane, south of 57th Avenue in the southeast one quarter of Section 2. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: 6. X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet 10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X All standard utility easements required for construction are provided - The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: The east west drainage and utility easement must be 30 feet wide to cover both the sanitary sewer and watermain. 8. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. Shall comply with the Army Corp of Engineers and DNR Permits. 9. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subiect property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR Bassett Creek Mn DOT Minnehaha Creek Hennepin County Elm Creek MPCA X Shingle Creek X State Health Department X Army Corps of'Engineers Other 2 - N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of Zachary Lane and driveway entrance to Deer Pond. 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on UTILITIES: 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 - N/A Yes No 17. X Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). A11 reference to future construction" and "constructed" shall be removed from the 18. _X Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. 19. _ _ X Minimum basement elevations - Minimum basement elevations must be established for the following lots. Minimum basement elevations shall be 906 and shown on the grading plan. 20. X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tap. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: DNR Permit Army Corps of Engineers Permit and Shinole Creek Permit must be Dr_ovided to the City prior to Yrading. '1 24. A. The specifications shall include a detail showing riprap, filter blanket, and trash guard, along with catch basin details. B. The existing trail easement shall be shown on the final plat mylar. C. The grading plan shall be revised to show the trail from the south property line of Outlot B, Deerhaven Addition to 57th Avenue. D. The required 8 foot wide trail section is as follows and shall be shown on the grading plan: 4" of Class 5 100% crushed limestone. 2" of 2341 bituminous. r C Submitted by: Daniel L. Faulkner, P. E City Engineer 5 - DOROTHY M.KREKELBERG 559-5563 0 559-3652 BERNARD BARR 559-4608 ouny oTfff fonsfzuctjon L7o. 6150 B HEMLOCK LANE NORTH PLYMOUTH. MINNESOTA 55442 559.0085 November 8, 1990 Mr. Charles E. Dillerud Community Development Coordinator City of Plymouth, MN. 55447 Re: Deer Pond (89106) Dear Chuck: NOV 8 19bO CITY Of PLYM UT LMKLOTM L FICE 3900- 85 AVE. NO. BROOKLYN1 RK 55443 425+52 I believe that mostof the items have been straightened out on the Development Contract, but there are still some problemswith our signing it as it is written. There is a discrepancy as to the paving of the bike trail, between your letter of December 8, 1989 and DancFaulkner's letter of November 5, 1990. One letter says it will be the responsibility of the developer to grade a trail base from the south end of the Deer Pond plat to the southerly terminus of the trail within Deerhaven 2nd Addition, and that the paving of the trail should be to the City specifications, that it should take place concurrent with the development of this plat WITH CREDIT FOR PAVING COSTS available from the City of Plymouth. The other letter states that it is a requiremnet of the City that the developer construct the eight foot wide trail from 57th Avenue to the SOUTH property line of Outlot B, Deerhaven Addition. Because of conversations with our engineer, the Dept. of Natural Resources, and others, it seems that it would be wisest to do the trail AFTER Zachary is widened, because in the widening process, much of the trail probably would be destroyed. Also, there is a question on the part of the Dept. of Natural Resources as to the wisdom of filling in the low area of Outlot B between Deerhaven Third Addition and Deer Pond. They seem to feel it might be better to use some type of bridge—maybe similar to the one going across Outlot B from Zachary. We would like to change the starting date (on 2nd page) from January 1, 1991 to April 15, 1991, and completion date from September 1, 1992 to December 1, 1992. We would appreciate being put on the agenda for the next meeting. Thank you in advance for your cooperation. Very truly yours, LOWRY HILL CONSTRUCTION CO. BB:a Bernard Barr P.S. I believe you have the corrected President information for page 11 - estimated costs.. cn thic nnaP hac to he chnnoed alcn. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 15, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore,'Director of Public Works SUBJECT: DEER POND FINAL PLAT ( 89106 ) This memorandum will provide comments on the November 8, 1990 letter from Lowry Hill Construction Company on the development contract for Deer Pond Addition. Mr. Barr has returned the development contract unsigned. Cost Estimate - Page 11: The cost estimates in the development contract have previously been revised and Page 11 of the contract has the correct information. Attached is a letter dated October 24, 1990 to Mr. Barr detailing the changes which were made in the development contract. No additional revisions are required in this portion of the development contract. Change Starting and Ending Date: Mr. Barr is requesting that the starting date for undertaking the improvements be changed from January 1, 1991 to April 15, 1991. He is further requesting that the completion date be changed from September 1, 1992 to December 1, 1992. I concur with the request and see no problem with changing the starting date to April 15. I cannot recommend the change in the completion date. It is the City's policy to allow a developer two construction seasons to complete the proposed improvements. We specify a completion date of September 1 in order that it will allow time for the City to undertake any necessary improvements which have not been completed by the developer the same construction season. If the change is made as requested by Mr. Barr to December 1, the City would not be able to undertake and complete the improvements until the following year. Construction of Trail: Mr. Barr is objecting to the requirement that they construct the trail adjacent to Zachary Lane from 57th Avenue southerly to the south line of the original Deerhaven Addition plat. He references discrepancies in the requirement in a letter dated December 8, 1989 from Chuck Dillerud and a letter dated November 5, 1990 from Dan Faulkner. As Mr. Dillerud has stated in the Planning staff memo, he was in error on this requirement in the letter sent approximately one year ago. SUBJECT: DEER POND FINAL PLAT (89106) November 15, 1990 Page Two Since this development was originally approved in 1981, I believe some history on the requirement that the developer pave this trail will be beneficial to the City Council. This requirement was part of the first development contract with the Deerhaven Addition, which included all of the property within the plat. The Deer Pond Addition is the last eight lots to be completed within the development. The Deer Pond Addition is a small knoll of land surrounded by wetland on three sides and Zachary Lane along the eastern boundary. Previous to this development, all of the other land southerly and westerly of this same wetland was owned by the City of Plymouth as Timber Shores Park. In 1981, the Park Director and the Park and Recreation Commission recommended that this knoll of land, which is now being platted for the eight dwelling units, be dedicated to the City as part of Timber Shores Park. Mr. Barr objected to that since he would lose dwelling units within the plat. As a compromise, the following was agreed to by the City Council and the developer: 1. Outlot B (this is the entire wetland area which was owned by Mr. Barr) was to be deeded to the City for park purposes. There is no high and dry land within Outlot B. 2. A 30 foot wide trail easement is to be provided along the west side of Zachary Lane. 3. The trail easement shall be graded and ground cover provided in accordance with City standards. 4. An eight foot wide asphalt trail shall be paved within the easement and constructed in accordance with City standards. These four requirements satisfied the park dedication for the PUD. For information, attached is a copy of the page of the development contract where these provisions are contained in Item 13.1. Mr. Barr is now objecting to the completion of the trail paving which was required to satisfy his park dedication requirements. In 1981, plans were submitted by the developer and approved by the City for the construction of the trail along Zachary Lane. One of the reasons Mr. Barr is objecting to completing the trail is because it will require permits from the Department of Natural Resources (DNR) and the Army Corps of Engineers. The developer must also get a permit from the Corps of Engineers since the fill required for his dwelling units will also encroach into the wetland west of the proposed buildings. I believe that all of the encroachment within the wetland, trail, and buildings should be considered by the State and Federal Agencies along with the proposed development. SUBJECT: DEER POND FINAL PLAT (89106) November 15, 1990 Page Three It is my recommendation that the developer be required to complete the trail as provided in the 1981 development contract. If the City Council deletes this requirement, they should then consider whether the developer has satisfied the park dedication requirement for the development. All of the land which has been deeded to the City is DNR protected wetland. The developer had not paid any cash" park dedication fees. FGM:kh attachments 7, ,y. ,,, 5 1 I st AJJ:Alo- - 14$ Rc tanct of the Completed subdivision by City Council. it w:i1 eeMsary to _furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate c. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completgd in accordance with the Urn of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above; and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12, Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 81-4ni by the City Council on July 7. 1981 subject to +Wotvp conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. 81-76 by the City Council on _ November 2, 1981 13. Land Dedicated for Public Use Parks and Private Recreation Areas 13.1 Outlot 0 shall be deeded to the City for Park purposes; a 30 -foot wide trail easement shall be provided along the west side of Zachary Lane; the trail easement be graded and ground cover provided in accordance with City Standard Specifications; an eight foot wide asphalt trail shall be paved within the easement and the construction shall be in accordance with City Standard Specifications; thus, Park Dedication requirements are satisfied for the PUD. 13.2 Grading for the trail shall be done with the plat grading and the surfacingofthetrailshallbecompletedpriortoissuanceofbuildingpermitsfor Block 2 and Block 4. 13.3 Submittal of easements and grading plans for approved trail corridor. 14. Other Requirements 14.1 Compliance with the City Engineer's Memorandum. 14.2 No building permits to be issued until the final plat is filed and recorded with Hennepin County. 14.3 No building permits shall be issued until municipal sewer and water are physically available to the sites, except for 4P to a 4 unit model 14.4 Removal of all dead, or dying trees from the property at the owner's expense. 14.5 Compliance with Policy Resolution No. 79-80 regarding developments adjacent to, or containing storm water holding facilities. A October 24, 1990 Mr. Bernard Barr LOWRY HILL CONST. CO. 6150 Hemlock Lane N. Plymouth, MN 55442 CIN OF PLYMOUTFF SUBJECT: DEVELOPMENT CONTRACT DEER POND ADDITION (89106) Dear Mr. Barr: Enclosed are two copies of the development contract for Deer Pond with the revisions outlined in a letter to you from Charles E. Dillerud, Community Development Coordinator dated October 16, 1990: 1. The date of the contract was changed from January 11, 1990 to October 15, 1990. 2. Page Two: February 1, 1990 was changed to January 1, 1991, and September 1, 1991 was changed to September 1, 1992. 3. Page Nine: Item No. 4.3, the administration cost was changed from $1,458.54 to $1,185.03 based on the revised construction costs. 4. Page Ten: the financial guarantee in the form of a letter of credit was changed from $48,618 to $39,501 and for a surety bond from $72,927 to $59,251. 5. Page Eight: street construction (turn lane) was changed from $9,275 to $2,990 with the remaining $6,285 guaranteed under the Site Improvement Performance Agreement. The storm sewer system was changed from 1,855 to $0 (zero). This will also be guaranteed with the Site Improvement Performance Agreement. Please review these documents thoroughly, execute the documents in front of a notary public and return them to City Hall and this will be scheduled for the next available Council meeting. If for some reason you choose not to sign the development contract, then it will be necessary for you to submit a letter addressed to the City Council specifying the reason or reasons you are unwilling to sign. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Mr. Bernard Barr October 24, 1990 Page Two If you have any questions concerning the changes to the contract, please contact me at 550-5074. S' erely, - w / V v Robert C. John on Senior Engineer Technician RCJ:kh enclosures cc: Fred G. Moore, Director of Public Works Daniel L. Faulkner, City Engineer Chuck Dillerud, Community Development Coordinator Donald Munson, Assistant Building Official 90-1345 November 5, 1990 Mr. Leroy Nyhus 16526 West 78th Street Eden Prairie, MN 55346 SUBJECT: DEER POND (89106) Dear Mr. Nyhus: One item on my January 11, 1990 Engineer's Memo for the final plat of Deer Pond that we did not discuss in our phone conversation today is the required construction of the City trail along Zachary Lane. While the City has received copies of recent correspondence from the Department of Natural Resources regarding this trail construction, it is still a requirement of the City that the developer construct the eight foot wide trail from 57th Avenue to the south property line of Outlot B, Deerhaven Addition. As indicated in my Engineer's Memo, the grading plan should be revised to show the trail construction plans in this area. It is also my understanding, per our conversation, that a Department of Natural Resources required sedimentation pond has been designed along the north and west portions of the Deer Pond plat for the on site control of sediment. As you indicated, these plans have been submitted to the Army Corps of Engineers and the Department of Natural Resources for their review and comments prior to submitting them to the City for our review. If you have any questions or comments, please contact me at 550-5071. Sincerely, Daniel L. Faulkner, P.E. City Engineer DLF/do cc: Fred G. Moore, Director of Public Works Bob Johnson, Senior Engineering Technician Chuck Dillerud, Community Development Coordinator Bernard Barr Lowry Hill Construction Company 6150 Hemlock Lane Plymouth, MN 55442 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 550-5000 December 8, 1989 Mr. Bernard Barr Lowry Hill Construction 6150 Hemlock Lane North Plymouth, MN 55442 Company SUBJECT: LOWRY HILL CONSTRUCTION COMPANY. RPUD FINAL PLAN/PLAT "DEERPOND" 89106) Dear Mr. Barr: This letter is written to forward review comments and observations submitted by the staff members at the November 21, and December 8, 1989, staff review committee meeting regarding the above referenced application. This will also confirm our meeting of November 21, 1989 attended by yourself and Ms. Kreckleberg to review DRC comments that were available at that time. During the staff discussion of the application materials submitted, the following items were addressed: 1. The trail parallel to Zachary Lane should not be constructed immediately adjacent to the Zachary Lane right-of-way. The exact location of the trail should be determined responsive to a field review of the existing physical features of the site by the Director of Parks and Recreation. The grading of the trail base will be the responsibility of the developer from the south end of this plat to the southerly terminus of the trail within Deerhave 2nd Addition. Paving of the trail to City specifications shall take place concurrent with the development of this plat with credit for paving costs available from the City of Plymouth. 2. Please confirm that the center line of the proposed access drive to Zachary Lane matches the center line of the access drive to the Boulder Ridge Development across Zachary Lane to the east. This exact match is mandatory. 3. The sanitary sewer shall be SDR -35, and noted on the plan. 4. No more than three services shall be placed in each manhole. 5. Identify the sanitary sewer service as either CISP or PVC. 6. A note shall be placed on the construction plans that minimum cover over the watermain is 7 1/2 feet. Also, the construction plan shall identify the class of watermain. 3400 PLYMOUTH BOULEVARD. PLYMOUTH. MINNESOTA 55447. TELEPHONE (612) 559-2800 7. A note shall be placed on the construction plans that the water services shall be one inch. 8. The lowest floor elevation shall be placed on the grading plan for each of buildings. The minimum floor elevation shall be 906.0. 9. The storm sewer manhole detail shall be provided. 10. A detail showing ripwrap filter blanket and trash guard shall be provided for the storm sewer outlets. 11. The elevations depicted on your grading plan appear to reflect a need for you to apply for and receive permits from the Minnesota Department of Natural Resources and/or United States Corps of Engineers for filling in wetland areas. No grading permit or building permit will be issued without evidence that those permits have been granted or a written confirmation from the agencies involved that no permits will be required. The purpose of this letter is to notify you of those review items identified during the staff review of the application materials. You should respond to the above review comments in written and/or graphic form as appropriate. Your earliest response in written and/or graphic form to the above points will permit us to continue processing the application for review by the Planning Commission. You should respond to all of the items. Once the additional and/or revised information is submitted, the staff members will in turn review the information to verify that all the items have been addressed. If any additional comments arise from that staff review, correspondence similar to this letter will be promptly forwarded to you. If you have questions relating to the above review comments, or if you feel a more detailed discussion (through a meeting with the staff members) is warranted, please feel free to contact our office at your earliest convenience. We anticipate working with you through the completion of the review process. Hopefully, this information will assist you. Sincerely, Char es Dillerud Community Development Coordinator Direct Dial Phone #: 550-5059 cc: File 89106 dre/cd/89106:jw) aiG r .re nis'I ia9ev — rrr rrr r r •r t tZ• .1 Y O AW rro CD e W o-,. O.d.Kxif. &Maw" t v i = few vdesis: JJ ! s F ! .. a G', \ M i E - I ! 1 1 i"11CH«-,, ,Y FI AZ4r O N t E -••i till Fid Fc;.-= E F-Sf s€== e ca> Lri a I Piz Z aiG r .re nis'I ia9ev — rrr rrr r r •r t tZ• .1 Y O AW rro CD e W o-,. O.d.Kxif. &Maw" t v i = few vdesis: JJ ! s F ! .. a G', \ M i E - I ! 1 1 i"11CH«-,, ,Y FI t E -••i till Fid Fc;.-= i_ F-Sf s€== Ei!'t ca> FfsaYs"i R 11zx f Piz Z i1 Y j I ` ITS x s 4 1 I! iEI E. girllF c si i L F t i' Q N asp 1,15 4 Nr`` IraIcigI` 2 E s s s 3 .•= a R. s Itt;• EtEipi Ss'es r less I t E -••i till SRR SRR A _ t s€== ca> FfsaYs"i R 11zx f Piz Z i1 Y j I ` ITS x s 4 1 I! iEI E. t E -••i till SRR SRR A _ jjl F Fiji; s€== ca> FfsaYs"i R 11zx Piz ITS x s 4L;li6a _I iEI E. s Ee F t 4 0 M N 0 FINAL SITE PLAN DEER POND 89106 Al • N 1 . .,1•; l . ; ', •: .''r a !• f +, it t 00 mi f: :• 1 ' tt s, yam I• < i'j ' i 1i i ------------- 4 e4 '` of a tea ,; 1 Vol a MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 9, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager FROM: Housing Specialist Milt Balerough Community Development Director Blair Tremere SUBJECT: AUTHORIZING SUBMITTAL OF REQUEST FOR FUNDING YEAR XVII COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS AS A METROPOLITAN CITY ACTION REQUESTED: Adopt the attached resolution authorizing submission of the City's Community Development Block Grant (CDBG) application and final statement to the Department of Housing and Urban Development HUD). BACKGROUND: The Community Development Block Grant (CDBG) Program was designed by Congress to serve primarily low and moderate income persons by providing decent housing, improving their living environment and increasing their economic opportunities, aiding in the prevention and elimination of slums or blight and meeting other community development needs having a particular urgency. Plymouth was part of an "Urban County" agreement with Hennepin County, and funding proposals were required to be approved by the County prior to submission to HUD until this year. With Plymouth's designation as a Metropolitan City," Plymouth applies directly to HUD. As a Metropolitan City, Plymouth is required to submit a Housing Assistance Plan (HAP) to HUD, and this was submitted on October 31, 1990. The City is required to submit its "Final Statement" as to how the City intends to allocate its Year XVII funding. The Housing and Redevelopment Authority conducted a Public Hearing on October 25, 1990, and reviewed City staff's recommendations for allocating funds. Based on HUD office staff's best estimate, Plymouth's total allocation is expected to be $175,000. The actual allocation will not be known until next year, and HUD has recommended using a percentage assignment see next page) Year XVII CDBG Funds Page Two to guide in making adjustments should the final amount vary. The Plymouth Housing Authority has made the following recommendations as to allocation: Day Care Assistance Payment Program $ 15,000 (8%) Housing Rehabilitation Grant Program 45,000 (26%) Homeownership Housing Program 80,000 (46%) Planning and Administration of Programs 35,000 (20%) Total 3175,000 (100%) No new CDBG programs were proposed during the hearing. A representative of Greater Minneapolis Day Care Association did present a report requesting continued funding. Commissioners recommend continuance of day care assistance funding at a lesser amount due to the CDBG year now starting in January rather than July, and the resulting "overlap" of funding cycles. Under the Urban County designation, the City of Plymouth received reimbursement for administrative costs based on actual staff time devoted to specific projects. Under the Metropolitan City designation, the City may receive up to 20 percent of its allocation for planning and administration of the programs. The planning and administrative costs will be greater the first year under the new designation due to start-up costs including the costs for the consultant to prepare the Housing Assistance Plan which was completed and sent to HUD last month. This work is reimbursable under the Year XVII CDBG Program. Adequate funds are available for the Housing Rehabilitation Grant Program, with demand for grants having slackened over the last year. We do however feel that this program should continue to be promoted so to maintain the City's existing housing stock in a sound condition. The Scattered Site Homeownership program is continued as many potential homeowners are finding that providing for a family and being able to afford to live in Plymouth in a home of their own is becoming more difficult. Staff is reviewing several properties that would be available for purchase. CONCLUSIONS AND RECOMMENDATIONS: I recommend the adoption of the attached resolution. maintaining existing housing stock, providing affordable income families and granting day care subsidy assistance that have proven to be effective and meet the intent Development Block Grant directives. ATTACHMENTS: 1. Resolution 2. HRA Resolution 90-11 3. Memo to HRA from Staff, October 10, 1990 cc/hra/sub.11-19:jw) The emphasis on housing to lower are sound programs of the Community Is CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 90 - AUTHORIZING SUBMISSION OF CITY OF PLYMOUTH FINAL STATEMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR INCLUSION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR YEAR XVII WHEREAS, the City of Plymouth is required to provide the Department of Housing and Urban Development an application for the Community Development Block Grant Program, including appropriate citizen participation, goal establishment and implementation plans and procedures; and, WHEREAS, the Housing and Redevelopment Authority held a Public Hearing on October 25, 1990, regarding the expenditure of the Year XVII funds for the City of Plymouth and has recommended several projects for expenditure of said funds; and, WHEREAS, the City Council has reviewed the recommendations of the Housing and Redevelopment Authority regarding the proposed activities and program amounts for Year XVII; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the City Manager to submit the application and Final Statement for the participation in the Year XVII Housing and Community Development Block Grant Program for the following projects in the respective proposed dollar amounts: Day Care Assistance Payment Program $ 15,000 (8%) Housing Rehabilitation Grant Program 45,000 (26%) Homeownership Housing Program 80,000 (46%) Planning and Administration of Programs 35 000 (20%) 175,000 (100%) 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. res/cc/sub.11-19) DATE: TO: FROM: SUBJECT: IH 101 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 October 10, 1990 For HRA Meeting of October 18, 1990 James G. Willis, Executive Director Housing Specialist M Dale through Community Director Blair Tremere I/I) PUBLIC HEARING FOR COMMUNITY DEVELOPMENT BLOCK GRANT XVII Development CDBG) YEAR ACTION REQUESTED: Adoption of a resolution recommending the allocation of approximately $175,000 of Community Development Block Grant funds projected to be available for the fiscal year January 1 through December 31, 1991. BACKGROUND: With the City of Plymouth's new designation as a metropolitan city for purposes of the CDBG Program, the public hearing normally held in the spring of the year now must be held in the fall. This is a result of changing the fiscal year from July 1/June 30 to January 1/December 31. We are required to submit to HUD a "Final Statement" application by December 1, 1990 for the upcoming CDBG Year XVII funding. The estimated grant amount is $175,000 based on HUD estimates. We will not know the exact dollar amount for several months. Letters have gone to various public service agencies which serve the City of Plymouth informing them of the public hearing. It is probable that Greater Minneapolis Daycare Association will again make a request for funding. Notice of the hearing was published in the legal newspaper. PRIMARY ISSUES AND ANALYSIS: 1. One of the critical issues facing communities at this time is the circumstance of persons living in one community and commuting to another for employment. The recent crisis in the Middle East highlights the see next page) Public Hearing for CDBG Year XVII Page Two energy cost factor and should encourage the City to develop a broad range of housing choices allowing people to more readily live and work in the same community. The high cost of raw land in the City is a factor for the Housing Authority to consider in recommending increased funding for a home ownership program. I have reviewed several potential available sites which involves the purchase of property either from private individuals or from the City itself. This land could be developed by providing a structure built on site, and/or a Vo -Tech -built home. A third alternative would be to purchase a house in need of rehabilitation, to repair the house and to sell it to a moderate income home buyer. 2. While Housing Rehabilitation Grant program use has shown decline over the past several months, we need to continue this effort to maintain the existing housing stock in a sound condition. Promotion of the Program has already brought about 10 inquiries over the last two weeks. Applications have been mailed out to three of those persons making inquiry. Three of the people making inquiry had received grants previously. This has been a basic CDBG program activity for many years. 3. HUD guidelines provide that 20% of funds may be allocated for planning and administrative costs. Already, as a prerequisite to receiving a CDBG allocation as a Metropolitan City, we were required to develop a Housing Assistance Plan (HAP). This plan required the expenditure of 5,800 to engage a consultant to provide the plan and report. This is a little over 3% of our total anticipated allocation. More in-depth inventory and analysis of potential sites, examination of successful homeownership programs in other communities, and the development of a workable ongoing program that can be used year after year, in a manner similar to the Housing Rehabilitation Grant Program, is essential. We anticipate administrative expense as a Metropolitan City will be higher than as an Urban County Subrecipient. 4. It appears that there will be adequate money to fund daycare through 1991. A balance of $12,000 was in that account for Year XV as of September, 30 according to the County's Project Status Report. Coupled with the $25,000 allocated for Year XVI (to be spent by December 31, 1991), this should keep the program fully funded. The next funding cycle for Year XVIII would start January 1, 1992. The Greater Minneapolis Daycare Association may make application for funding for that year next fall. see next page) Public Hearing for CDBG Year XVII Page Three RECOMMENDATIONS: I recommend the HRA recommend to the City Council that funding for Year XVII CDBG Program be allocated as follows: 1. Homeownership Housing Program - 50% ($87,500) 2. Housing Rehabilitation Grant/Loan Program - 30% ($52,500) 3. Planning and Administration of CDBG Programs - 20% ($35,000) The administrative fees are important and a total of 14% ($24,500) is recommended at this time. The 6% for planning (approximately $10,500) is inclusive of the $5,800 for the Housing Assistance Plan. The balance would be used for development of a plan or strategy to realize maximum benefit at least cost for the Homeownership/Scattered Site Housing Plan. ATTACHMENTS: 1. Resolution of Recommendation to City.Council 2. Sample Letter to Human Service Agencies 3. List of Human Service Agencies Receiving Letter hra/md/cdbg.10-18) HOUSING AND REDEVELOPMENT AUTHORITY CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the Housing and Redevelopment Authority of the City of Plymouth, Minnesota, was held on the 25thday of Oct. , 1990 The following members were present: Chairman Crain, Commissioners Gutzman, Ludovissie, Palmer and Ricker The following members were absent: None Commissioner Gutzman introduced the following Resolution and moved its adoption: HRA RESOLUTION 90-11 RECOMMENDING ALLOCATION OF YEAR XVII COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Plymouth for Year XVII will be in receipt of approximately $175,000 of Community Development Block Grant funds to utilize in such a way as to assist low and moderate income persons; and, WHEREAS, on October 18, 1990, the Plymouth Housing and Redevelopment Authority held a duly constituted public hearing to allow interested parties to express their opinion; and, WHEREAS, the Housing and Redevelopment Authority of the City of Plymouth discussed ways the Community Development Block Grant funds could be utilized in accordance with federal guidelines; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF PLYMOUTH, MINNESOTA, that the Authority recommends the Plymouth City Council allocate the Year XVII Community Development Block Grant funds as follows: Day Care Assistance Program $ 15,000 Homeownership Housing Program 80,000 Housing Rehabilitation Grant Program 45,000 Planning and Administration of Programs 35,000 175,000 The motion for adoption of the foregoing Resolution was duly seconded by Commissioner Palmer _ , and upon vote being taken thereon, the following votedin favor thereof: Chairman Crain, Commissioners Gutzman. Ludovissie. Palmer and Ricker The following voted against or abstained None Whereupon the Resolution was declared duly passed and adopted by the Plymouth HRA and City of Plymouth. res/hra/cdbg.10-18:dl) MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 14, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager FROM: Housing Specialist Milt Dale through Community Development Director Blair Tremere SUBJECT: AWARD OF CONTRACT TO CONSTRUCT HOME IN GLACIER MEADOWS 2ND ADDITION FOR CDBG YEAR XV SCATTERED SITE HOUSING AND AUTHORIZING PROJECT CASH FLOW TRANSFERS ACTION REQUESTED: Adopt the attached resolutions tc award the contract to the low bidder for the construction of a single family residence at 1530 Glacier Lane North as a project of the Community Development Block Grant (CDBG) Scattered Site Housing Program for Year XV; and to make a temporary loan to the HRA account for Cash Flow purposes. BACKGROUND: Late last year, the Plymouth City Council approved a resolution deeding a parcel of land at the southwest corner of County Road 6 and Fernbrook Lane to the Plymouth Housing and Redeveelopment Authority. This land was purchased from the City with Cafnnmunity Development Block Grant (CDBG) Program Year XIV funds. The land was added to adjoining land owned by the HRA, and the resulting parcel was platted as Glacier Meadows 2nd Addition. A home will be constructed on this lot for sale to a family of moderate income who qualifies on the basis of being a first-time homebuyer and within the Section 8 Lower Income range. The sale price of the home will be reduced by CDBG funds to an amount affordable (per HUD guidelines) for the qualifying family. Should the home be sold within the subsequent 10 years the "write down" amount is refunded to the HRA. PRIMARY ISSUES AND ANALYSIS: With all land assembly and platting activity complete, we have advertised for bids to construct a 3 bedroom home of a design that fits the site and is compatible with the character of the existing neighborhood. The bid is for all construction elements, including complete site landscaping --effectively a "turn key" to the HRA. Bids will be opened Friday, November 16, 1990, and the successful bidder will be recommended for award of contract on November 19, 1990. see next page) Award of Contract and Authorizing Project Cash Flow Page Two A temporary loan is necessary from the Project Administration Fund (213) to the HRA Fund (232) to provide project cash flow during house construction. Upon the sale of the house --following completion of construction --the temporary loan will be repaid in full. The second attached resolution authorizes the temporary loan of necessary funds. CONCLUSIONS AND RECOMMENDATIONS: I am recommending the award of the bid to the low responsible bidder for the construction of a house at 1530 Glacier Lane North. Attached are resolutions awarding the bid; and a resolution authorizing a temporary interfund loan for cash flow purposes. ATTACHMENTS: 1. Resolution Awarding Contract to Construct House 2. Resolution Authorizing Interfund Temporary Loan cc/hra/bid.11-19:dl) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - AWARDING BID TO CONSTRUCT A FAMILY RESIDENCE ON LOT 1, BLOCK 1, GLACIER MEADOWS 2ND ADDITION WHEREAS, pursuant to an advertisement for bids for the construction of a single family residence on Lot 1, Block 1, Glacier Meadows 2nd Addition, and all necessary appurtenances, bids were received, opened and tabulated according to law, and; WHEREAS, it appears that is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with of for construction of a single family residence at 1530 Glacier Lane North, Plymouth, MN in the name of the City of Plymouth according to the plans and specifications therefore approved by Plymouth City staff and on file i n the office of the City Clerk in the amount of the low bid of . 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 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. res/cc/bid.1.1-19) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 90 - AUTHORIZING TEMPORARY FUNDING FROM PROJECT ADMINISTRATION FUND TO THE HRA FUND WHEREAS, implementation of the approved Community Development Block Grant Scattered Site Housing Program requires temporary funding from the Project Administration Fund (213) to the HRA Fund (232); and, WHEREAS, the Project Administratin Fund will be repaid upon sale of the house to be constructed on Lot 1, Block 1, Glacier Meadows 2nd Addition; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize and direct funds in the amount required to construct the approved single family dwelling on Lot 1, Block 1, Glacier Meadows 2nd Addition be temporarily allocated to the HRA CDBG Fund (232) from the Project Administration Fund (213). FURTHER, that the funds shall be repaid in full from the sale of the house on Lot 1, Block 1, Glacier Meadows 2nd Addition. 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. res/cc/bidl.11-19) A MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 13, 1990 for Council Meeting of November 19, 1990 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. In the Cheshire Business Center Addition there is no bond to reduce as the work was completed prior to commencement of any construction within this development. The work has been completed in accordance with City requirements and the developer is now requesting the City to accept the relocated sanitary sewer main for continual maintenance. The City has made inspections of the work in all nine subdivisions and I recommend that the attached resolutions be adopted. These developments are: 1. Deerwood Trail Addition (88016) 2. Ponderosa Woods Addition (88139) 3. Shiloh Pines Addition (88025) 4. Bay Pointe on Mooney Lake Addition (89005) 5. Parkers Lake Corporate Center Addition (88089) 6. Cheshire Business Center Addition (89082) 7. Quail Ridge of Plymouth Addition (85081) 8. Quail Ridge of Plymouth 2nd Addition (87021) 9. Quail Ridge of Plymouth 3rd Addition (87133) rxti-,'/ • John R. Sweeney JRS : kh attachments: Resolutions 7-D FA CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1990. The following members were present: _ The following members were absent: ACX X adoption: meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND DEERWOOD TRAIL ADDITION (88016) WHEREAS, in accordance with the development contract dated September 1, 1988, Edward T. Johnston and Evonne L. Johnston, developer of Deerwood Trail Addition (88016), 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 56,000 0- Sanitary Sewer 17,000 0- Watermain 17,100 0- Storm Sewer 25,700 0- Boulevard and Drainage Swale Sod 4,400 4,000 Pond or Ditch Construction 0- 0- Street Signs 0- 0- Site Grading and Drainage Improvements 30,600 0- Park and Trail Improvements 0- 0- Design, Administration, Inspection, As-Builts 18,096 480 TOTAL 168,896 4,480 That the letter of credit required for the above items be reduced as detailed above from $168,896 to $4,480 to reflect the completed work. E Resolution No. 90- 4` Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $1,000 16,400 $2,000 FURTHER BE IT RESOLVED that the sanitary sewer, watermain, storm sewer, street construction, and concrete curb and gutter is accepted for continual maintenance as of November 19, 1990 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. XXX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1990. The following members were present: _ The following members were absent: X ]CX iC iC7Y adoption: meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND PONDEROSA WOODS ADDITION (88139) I WHEREAS, in accordance with the development contract dated October 16, 1989, Antoine J. Poppelars, Simone F. Poppelars, Daniel A. Poppelars, Carrie Lyn Poppelars, developers of Ponderosa Woods (88139), 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: W-0 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 w-majimsionrynemmeavjjw 24,223 14,715 10,671 5,640 2,160 0- 150 19,480 0- 9,245 0- x 0- 0- 0- 0- 0- 0- 0- 0- 0_ 86,284 $ -0- That the letter of credit required for the above items be reduced as detailed above from $4,256 to $0 (Zero) to reflect the completed work. Resolution No. 90 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $1,000 $1,000 Letter of Credit: $ -0- $ -0- See Grading Permit No. 21939 - Letter of Credit No. 89-11 in the amount of $4,500 remains in force. FURTHER BE IT RESOLVED that the street construction and concrete curb and gutter is accepted for continual maintenance as of November 5, 1990 subject to the One Year Guarantee by the developer. FURTHER BE IT RESOLVED that the developer chose to install the wearing course this year and understands if there is any damage to the street in 1991 caused by construction in the area, the City may require the developer to seal coat the street in accordance with City standards. Letter of Credit.No. 89-11 from the Americana Bank submitted to secure Grading Permit No. 21939 has been amended to include $2,000 to ensure seal coating the street during 1991 if deemed necessary by the City Engineer. 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 1990. 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. 90 - REDUCING DEVELOPMENT BOND SHILOH PINES ADDITION (88025) WHEREAS, in accordance with the development contract dated March 6, 1989, Nina W. Wildman and B & H Supply, Inc., developer of Shiloh Pines Addition (88025), 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 $ 27,142 $ -0- Sanitary Sewer 22,040 -0- Watermain 15,965 -0- Storm Sewer 15,456 -0- Boulevard and Drainage Swale Sod 2,200 -0- Pond or Ditch Construction -0- -0- Street Signs 300 650 Site Grading and Drainage Improvements 65,000 -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 17,772 _ 7 TOTAL $ 165,875 $ 728 That the letter of credit required for the above items be reduced as detailed above from $3,528 to $728 to reflect the completed work. Resolution No. 90 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $1,000 10,600 $ -0- FURTHER BE IT RESOLVED that the required financial guarantee for Maintenance of Erosion and Sediment Control Plan, street sweeping, and storm sewer cleaning remains at $1,000 and the required letter of credit (No. 73174) in the amount of $10,600 is reduced to $0 zero) and is hereby released. 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 'k CX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1990. The following members were present: The following members were absent: 7CX it adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND BAY POINTE ON MOONEY LAKE ADDITION (89005) WHEREAS, in accordance with the development contract dated February 26, 1990, and revised October 1, 1990, Lundgren Brothers Construction, Inc., developer of Bay Pointe on Mooney Lake (89005), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Dock and Boat Rack Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Building Demolition Design, Administration, Inspection, As-Builts TOTAL v tej 433 11MYs 04110 170,700 85,350 79,800 15,960 72,500 14,500 64,600 12,920 9,700 9,700 2,600 2,600 450 450 188,400 37,680 16,000 7,500 10,500 73,830 0- 22,399 689,080 $ 209,059 That the letter of credit required for the above items be reduced as detailed above from $368,133 to $209,059 to reflect the completed work. Resolution No. 90 - Page Two FURTHER BEs IT RESOLVED that the bonding requirements for the following items per Section 8,.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $1,000 47,400 $23,700 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. X3C )C X CX XXX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1990. The following members were present: The following members were absent: XXX adoption: XXX meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND PARKERS LAKE CORPORATE CENTER (88089) WHEREAS, in accordance with the development contract dated October 4, 1988, United Properties Development Company, developer of Parkers Lake Corporate Center Addition 88089), 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 ORIGINAL AMOUNT NEW AMOUNT 27,500 0- 9,400 1) 0- 21,125 1) 0- 10,198 1) 0- 2,500 0- 0- 0- 150 0- 16,000 0- 0- 0- 10,425 0_ 97,298 0- 1) For items on punch list dated September 21, 1989 prepared by Ken Johnson (completed November 1, 1990). That the letter of credit required for the above items be reduced as detailed above from $11,312 to $0 (zero) to reflect the completed work. Resolution No. 90 - Page Two FURTHER BI; 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: $1,000 $-0- Letter of Credit: $12,200 $-0- 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:c4c 9cxis xisic CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1990. The following members were present: _ The following members were absent: XXX adoption: meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 90 - ACCEPTING RELOCATED SANITARY SEWER CHESHIRE BUSINESS CENTER ADDITION (89082) WHEREAS, Caliber Development, developer of Cheshire Business Center, was required to relocate a trunk sanitary sewer line prior to commencing development of their property; and WHEREAS, a development contract was not required for this development because the sanitary sewer line had to be relocated prior to construction of any buildings; and WHEREAS, the developer completed the required sanitary sewer relocation; and WHEREAS, the developer and/or contractor has provided the City with the required one year maintenance bond; and WHEREAS, the developer has requested that the City accept the public sanitary sewer for continual maintenance subject to the one year warranty and certification by the engineer that the sanitary sewer line was constructed in accordance with the approved plans and specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the relocation of 735 feet of ten inch sanitary sewer main is hereby approved and accepted for continual maintenance subject to the one year maintenance bond submitted by Dave Perkins Contracting, Inc. and identified as Bond No. 1271972 issued by Fireman's Insurance Company of Newark, New Jersey. 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. 7CX )C XXX xsC Y n I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1990. The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND QUAIL RIDGE OF PLYMOUTH ADDITION (85081) WHEREAS, in accordance with the development contract dated December 4, 1985, Cenvesco, Inc., developer of Quail Ridge of Plymouth Addition (85081), 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 $ 78,220 $ -0- Sanitary Sewer 64,000 -0- Watermain 45,260 -0- Storm Sewer 21,730 -0- Boulevard and Drainage Swale Sod 6,600 -0- Pond or Ditch Construction -0- -0- Street Signs 450 -0- Site Grading and Drainage Improvements -0- -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 25,951 -0_ TOTAL 242,211 $ -0- That the letter of credit required for the above items be reduced from $25,614 to $0 zero) to reflect the completed work. Resolution No. 90 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning ORIGINAL AMOUNT NEW AMOUNT These items are included in Grading Permit No. 85701737 FURTHER BE IT RESOLVED that the street construction and concrete curb and gutter is accepted for continual maintenance as of November 19, 1990 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. X:cac XXX I XXX 2 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1990. The following members were present: The following members were absent: X adoption: introduced the following Resolution and moved its RESOLUTION NO. 90 REDUCING DEVELOPMENT BOND QUAIL RIDGE OF PLYMOUTH 2ND ADDITION (87021) WHEREAS, in accordance with the development contract dated April 20, 1987, Cenvesco, Inc., developer of Quail Ridge of Plymouth 2nd Addition (87021), 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 65,390 0- 46,361 0- 38,806 0- 33,795 0- 7,400 0- 0- 0- 150 0- See Grading Permit No. 9762 0- 23,028 0- 0_ 214,930 0- That the letter of credit required for the above items be reduced as detailed above from $25,256 to $0 (zero) to reflect the completed work. Resolution No. 90 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM 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- 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 1990. The following members were present: The following members were absent: iCif7AC adoption: ji'C7AC IfXX introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND QUAIL RIDGE OF PLYMOUTH 3RD ADDITION (87133) WHEREAS, in accordance with the development contract dated May 16, 1988, Cenvesco, Inc., developer of Quail Ridge of Plymouth 3rd Addition (87133), 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 Permit No. 12929) Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 74,360 0- 46,969 0- 44,515 0- 7,741 0- 7,000 800 0- 0- 150 0- 0- 0- 0- -0- 21-688 96 202,423 $ 896 That the letter of credit required for the above items be reduced as detailed above from $46,491 to $896 to reflect the completed work. Resolution No. 90 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM 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- The required financial guarantee for these items is included in Grading Permit No. 12929. FURTHER BE IT RESOLVED that the street construction and concrete curb and gutter is accepted for continual maintenance as of November 19, 1990 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. XSt )t XX t .X )CX 0 MEMO ' I'E CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 14, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: NORTHWEST TRUNK SANITARY SEWER, DISTRICT NW -17 CITY PROJECT NO. 040 ACTION REQUESTED: Approve the attached resolution accepting the Preliminary Engineering Report as submitted and setting a public hearing for the proposed improvement. BACKGROUND: On August 6, 1990, the City Council authorized the preparation of a Preliminary Engineering Report for the extension of the Northwest Trunk Sanitary Sewer to serve District NW -17. Short, Elliott, Hendrickson, Inc. has completed the report for approval. Also at that meeting, the City Council reaffirmed that District NW -17 should be served by the Trunk Sanitary Sewer as proposed in the Comprehensive Plan. The Council further stated that it would also consider this proposed sewer extension as part of the 1991 Capital Improvement Plan which is still being reviewed. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council accept the Preliminary Engineering Report and set a public hearing for December 17, 1990. Daniel L. Faulkner, P.E. DLF:dkc:kh attachment: Resolution 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 1990. The following members were present: , The following members were absent: XXX its adoption: YXX XXX introduced the following Resolution and moved RESOLUTION NO. 90 - RECEIVING PRELIMINARY ENGINEERING REPORT AND CALLING FOR HEARING ON IMPROVEMENTS NORTHWEST TRUNK SANITARY SEWER, DISTRICT NW -17 CITY PROJECT NO. 040 WHEREAS, the City of Plymouth is proposing to improve the Northwest Sanitary Sewer District NW -17 by constructing a trunk sanitary sewer; and WHEREAS, Short -Elliott -Hendrickson, Inc. was designated as the consulting engineer for the project, and a Preliminary Engineering Report was ordered; and WHEREAS, the report for the improvements of the Northwest Trunk Sanitary Sewer from Point 70 to Point 71 has been prepared and is received by the Council on November 19, 1990; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council will consider the improvement of such area in accordance with the report and the assessment of benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes 429.011 to 429.111 (Laws 1953, Chapter 398, as amended) at an estimated total cost of the improvement of $191,835.60. 2. A public hearing shall be held on such proposed improvement on the 17 day of December, 1990, in the Council Chambers of the Plymouth City Center at 3400 Plymouth Boulevard at 7:00 p.m., and the Clerk shall give mailed and published notice of such hearing and improvements 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 XXX R MEMO 7-F CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 14, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: TEMPORARY TRAFFIC SIGNAL INSTALLATION COUNTY ROAD 9 AND ANNAPOLIS LANE CITY PROJECT NO. 941 ACTION REQUESTED: Adopt the attached resolution approving the plans and specifications and authorization to receive bids on the above project. BACKGROUND: The commercial and office users adjacent to the County Road 9/Annapolis Lane intersection have been quite anxious for some time to have this busy intersection signalized. The City has attempted to move this project ahead as quickly as possible and will continue these efforts through to installation. i As per Agreement No. PW55-17-90 with Hennepin County, the County has prepared the plans and specifications and Strgar-Roscoe-Fausch, Inc. the City's consulting engineer, has prepared the bid documents for the County Road 9 and Annapolis Lane Temporary Traffic Signal installation. RECOMMENDATIONS AND CONCLUSIONS: It is my recommendation that the City Council adopt a resolution approving the plans and specifications and authorizing the advertisement for bids. Bids would be received December 4, 1990 and presented to the City Council on December 10, 1990 for the proposed award of a contract. Daniel L. Faulkner, P. E. DLF:dkc:do attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1990. The following members were present: , The following members were absent: YXX its adoption introduced the following Resolution and moved RESOLUTION NO. 90 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS COUNTY ROAD 9/ANNAPOLIS LANE TEMPORARY TRAFFIC SIGNAL CITY PROJECT NO. 941 WHEREAS, pursuant to a resolution passed by the Council on October 15, 1990 the City's Consulting Engineer, Strgar-Roscoe-Fausch, Inc. has received plans and specifications from Hennepin County and has prepared the bid documents for the construction of a temporary traffic signal at County Road 9 and Annapolis Lane and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published once, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on Tuesday, December 4, 1990 at which time they will be publicly opened in the Council Chambers of the Plymouth City Center Building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Manager and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X X)C XXX CXX MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 14, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: REQUEST FOR SPEED STUDIES HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION AND MNDOT ACTION REQUESTED: It is recommended that the City Council adopt the attached resolutions requesting MnDOT to conduct speed studies on the following roads: Schmidt Lake Road - from Zachary Lane to State Highway 169 County Road 101 - from County Road 6 to the Plymouth south corporate limits. BACKGROUND: Because of development or changes within an area, it is recommended that the City request MnDOT to conduct Speed Limit Studies on the following streets, one of these studies must be approved by the Hennepin County Department of Transportation since it is on a county road. The studies are as follows: Schmidt Lake Road - from Zachary Lane to State Highway 169 This street was recently opened to through traffic as a four -lane 52 foot wide urban roadway from Highway 169 to Zachary Lane. It is necessary to establish the proper speed limit for this segment of Schmidt Lake Road. County Road 101 - from County Road 6 to the Plymouth south corporate limits. This four -lane undivided urban roadway provides access to State Highway 12 and the City of Wayzata. Traffic volumes along this roadway have continued to increase over the past few years and a traffic signal was installed in 1989 at 1st Avenue which serves Gleason Lake Elementary School. For these reasons, the current 45 m.p.h. speed limit should be reviewed. 01 SUBJECT: REQUEST FOR SPEED STUDIES HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION AND MNDOT November 14, 1990 Page Two RECOMMENDATIONS AND CONCLUSIONS: In order for a speed limit to be established on new Schmidt Lake Road and the existing speed limit reviewed on County Road 101, it is necessary to request the Commissioner of the Minnesota Department of Transportation to undertake Engineering Speed Limit Studies. The request to study County Road 101 must come from Hennepin County to the State Commissioner of Transportation. Therefore, a separate resolution is needed for the City to make this request of the County. It is recommended that the Council approve resolutions requesting the speed limit studies. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolutions 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 1990. The following members were present: , The following members were absent: XX X its adoption: introduced the following Resolution and moved RESOLUTION NO. 90 - REQUESTING MINNESOTA DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED STUDY SCHMIDT LAKE ROAD WHEREAS, a new road has been opened to traffic and speed limits need to be established on the following street: Schmidt Lake Road - Zachary Lane to State Highway 169 WHEREAS, the Commissioner of Transportation will upon request from local authorities conduct an engineering and traffic study to ascertain a safe and responsible speed; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that the Commissioner of Transportation undertake a traffic engineering study on the above street. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XX LXXX XXX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1990. The following members were present: The following members were absent: Y Yit i introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - REQUESTING HENNEPIN COUNTY DEPARTMENT OF TRANSPORTATION TO CONDUCT SPEED STUDY COUNTY ROAD 101 WHEREAS, traffic continues to increase along County Road 101; and WHEREAS, a traffic signal has recently been installed at lst Avenue; and WHEREAS, it is necessary to review the proper speed limit for this street; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that the City requests the Hennepin County Department of Transportation to make a request to the Commissioner of the Minnesota Department of Transportation to undertake an engineering study to determine a safe and reasonable speed on the following road: County Road 101 from County Road 6 to the Plymouth south corporate limits. 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 XXX XXX a1 i MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: Friday, Nov. 16, 1990 for the City Council meeting Nov. 19, 1990. TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: Disbursements I hereby recommend for payment the attached listing of disbursements for the following funds: First Bank - Plymouth Office General $ 1,295,991.44 Construction & Debt Service $ 1,399,549.89 Utilities $ 351,003.20 Firstar/Metro Bank - Plymouth Office Housing & Redevelopment Authority $ 9,285.29 GRAND TOTAL FOR ALL FUNDS $ 3,055,829.82 Above totals are for the period ending October 31, 1990. 4; r- C49t""/ Dale E. Hahn I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOMMEND SAME FOR PAYMENT. s. - a G. 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O OD n CA o m o 2 n I13aC CA d b O Hm i i la Icoz t3 m N K w a Gf < I m o f i F- rW W i m z o x w n z x O M x x m H O H b r x O 0 Z n M x M b m n B x W o p r 4 b C r o c+ n V 2 H H n o f1 r.x O 4Hto b oo A t w r a- x M ro c r O H H O C w b1 C Z H Y 0 1 N N i0 m 7 x to O M a t w x p m b o HM i z to H 3 C m m b N z o x b M R z 0 ro O p w C o z o rn 0 rob 0 M i CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1990. The following members were present: The following members were absent: _ its adoption: introduced the following Resolution and moved RESOLUTION NO. 90- APPR0VING DISBURSIIEfT'S FOR THE PERIOD ELIDING OCTOBER 31, 1990 WHEREAS, A list of disbursements for the period ending Oct. 31, 1990 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, KROMSOTA, that the payment of the list of disbursements of the following funds is approved: First Bank - Plymouth Office General $ 1,295,991.44 Construction & Debt Service $ 1,399,549.89 Utilities $ 351,003.20 Firstar/Metro Bank - Plymouth Office Housing & Redevelopment Authority $ 9,285.29 GRAND TOTAL FOR ALL FUNDS 3,055,829.82 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. Z MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 14, 1990 for City Council Meeting, November 19, 1990 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: PUBLIC HEARING FOR RECOMMENDED REVISIONS TO MISCELLANEOUS LICENSE AND PERMIT FEES ACTION REQUESTED: Adopt the attached resolution that would order the public hearing for recommended revisions to miscellaneous license and permit fees. BACKGROUND: The City's miscellaneous license and permit fees were last updated effective January 1, 1989. In keeping with City Council policy, I have reviewed the various fee structures and have made recommendations for change. These recommendations are based upon input received from other City departments, inflation rates, and comparison of fees charged by other comparable communities. In some cases, no fee increases are recommended because they are already at a comparable level or at statutory maximum. In many cases, the fees are increased by approximately 8-10Z to cover inflation over the past two years. I am also recommending a few cosmetic changes in Section 1015.23. In the 1989 Legislature, laws were passed that a City cannot increase fees for liquor and cigarette licenses except after notice and a hearing on the proposed increase. The notice must be mailed to all affected licensees at least 30 days before the hearing. I have attached a draft of the various recommended fee revisions, and the City Clerk has mailed notice to all affected licensees. The formal ordinance amendment will be provided for the Public Hearing. City Council should be aware that I have not proposed any fee changes for building permits. Traditionally, these have been increased when the fee schedule in the Uniform Building Code (UBC) has been revised and the Code has been adopted by the State. The fee schedule in the UBC (a National Model Code) has not been changed since the 1985 edition. The City can adopt any fee schedule. The traditional position of the Council has been to use the State/UBC schedule as a matter of comparability with other metro cities who generally take the same position. Page Two November 14, 1990 RECOMMENDATIONS AND CONCLUSIONS: To keep the City's structure in line with the associated cost increases, City Council adopt the attached resolution calling for the proposed increases. The proposed Public Hearing 1990. license and permit fee I recommend that the the Public Hearing on date is December 17, CITY OF PLYNDUTH meeting of the City pursuant to due call and notice thereof aaas held on the day of Council of the i 90y °el i Minnesota present: The following members were absent introduced the following Resolution and moved its adoption: RESOLUTION N0.90 - CALLING FOR PUBLIC HEARING ON PROPOSED REVISIONS TOVARIOUSLICENSEANDPERMITFEES WHEREAS, the City collects various license and permit fees under Section 10 of the Plymouth City Code; and WHEREAS, these fees have not been updated since January, 1989 • and WHEREAS, it is necessary to increase various fees to cover inflation and other associated costs; and a Public Hearing be held to review the WHEREAS, state statutes require that proposed increases; NOW, THEREFORE. BE IT HEREBY RESOLVED BY HE shallbehe d on the OUNCIL OF 17thCITY day" of PLYMOUTH, , that a Council Chambers of Plymouth City Center, 3400 pecker, 1990 in the City at 7200 P.M. to pass upon the Plymouth Boulevard, Plymouth, Minnesota, emended revisions to the various license and permit fees. The motion for the adoption of the foregoing Resolution was duly seconded byanduponvotebeingtakenthereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. *** Plymouth City Code 1015.13 Rev. 1988) 1015.13. Plumbing. Plumbing permit procedures and fees are as follows. It shall be unlawful for any person to perform work subject to the Building Code for which a permit is required without first obtaining a permit therefor from the City; such permits shall be issued by the City only to persons licensed as plumbers by the State and registered as such with the City or to persons making application to do any such work wholly within a residence owned and occupied by the applicant to whom the permit is to be issued and who shall be charged the following as permit fees: a) Base minimum permit fee X8.00 11 Residential In addition to other fees set 15.00 16 Commercial/Residential forth in (b) to (1) below b) Each fixture and fixture opening x.00 8 c) Each future fixture opening 4.E)6 4 d) Installation of fixture on 3.00 3 future openings e) Water heating device 7.06 8 f) Water conditioning device 7.06 8 g) Septic systems and/or drainfield 2e.09 22 h) Yard sprinkler 15.00 16 i) Rain water leader 7.00 8 j) Swimming pool piping 20.00 22 k) Gas piping Z.Oe 2 per appliance outlet 1) For each permit for the alteration or repairing of existing plumbing and for other plumbing work not included above the fee shall be $7.00 8 for the first 80.8 100 or fraction thereof in the estimated cost of such proposed work; for each additional $!98:-0e 100 or fraction thereof in such estimated cost. $3-@9 3 shall be added to the above prescribed fee for such permit. Amended, Ord. No. 88- 490, Sec. 2) 1015.15. (Repealed, Ord. No. 79-4, Sec. 1) 1017.15. Heating, Air Conditioning, Ventilation, and Refrigeration Fees. a) For the installation of any central heating and/or air conditioning system, the fee shall be 1% of the estimated cost. The minimum fee shall be $30.80 33 for any such central system. b) For additional alterations or repairs to any central system, the permit fee shall be lz of the estimated cost. The minimum permit fee shall be 15.00 16. c) For each appliance or piece of equipment regulated by the Code, but not classed in other appliance categories or for which no other fee is listed in this Code, the fee shall be lz of the estimated cost. The minimum permit fee shall be $15.00 16. (Amended, Ord. No. 86-12, Sec. 6) 1015.19 Water and Sanitary Sewer Permit Fee. Subdivision 1. Water and sanitary sewer permit fees are as follows: a) Residential Water Service Meter Fee $ 18.00 20 plus cost of meter b) Commercial Water Service Meter Fee $ 30.06 33 plus cost of meter Plymouth City Code c) For larger size connections d) Water turn-off/turn-on charge 1. During regular business hours 2. Outside regular business hours e) Curb box adjustment: Residential Commercial f) Private Fire Hydrant Inspection Fee g) Reinspection fee h) Water turn -en after —e - h) Temporary Water Service Connection i) Water Meter Testing: 5/8" to 2" meters 3" meters 4" meters 6" meters j) Residential Sewer Connection k) Commercial/Industrial Sewer Connection 1) Commercial -Industrial Water Pressure and/or Conductivity Test m) Violation of Water Sprinkling Ban of Section 720.45 Amended, Ord. No. 88-27, Sec. 2) 1015.21 30.00 33 plus cost of meter in relation to its size 18.00 20 40 39.9 33 60.0e 66 30.ee 33 per year each 12.ee 13 12.Oe 18.99 20 plus cost of water used and $100.Oe 100 deposit required 18.00 18 6e.e9 60 60.00 60 1 0.00 120 18.00 20 30.00 33 18.6e 20 100.80 100 for each day of violation 1015.21 Other Permit Fees and Charges. The fees and charges for other activities requiring a permit under this Code are set by this Subsection under the following headings: Type of Permit Search Requests Dog Impoundment House Moving a) Basic Fee b) Traffic Officer Stand-by c) Inspector Masseur, Masseuse Emptying contents of Individual Sewage Disposal Systems into Municipal Sanitary Sewer System Fee or Charge 12 33 36 plus boarding costs and extraneous fees 371-9 120 3.8 30 per hour, 2 hours minimum 38 30 per hour for each inspector plus $ :-fie .24 per mile allowance Certification fee set by Section 1135 Current sewer usage volume charge 5 per truck load minimum Plymouth City Code Signs Requiring Permits State Electrical Permit Forms Street Excavation Duplicate Inspection Record Cards 1015.23 Rev. 1989) 5 16 per every 32 square feet and fraction thereof of surface area, up to and including 96 sq. ft. or $ 3-e 55 plus $5 per every 100 square ft and fraction thereof of surface area, over 96 sq. ft. 1.50 2 per form 3-5 27 3 1015.23. Zoning and Subdivision Fees; Special Provision. Subdivision 1. Scope and Application. This Subsection applies to applications for the platting or replatting of land, and variances from platting regulations and related actions made pursuant to Section 500 of this Code; and to applications for zoning district changes, zoning code text amendments, conditional use permits, site plan approval, and variances, made pursuant to the Zoning Code (Appendix I of this Code)_; and to applications for amending the Comprehensive Plan. Subd. 2. Fees. (Amended, Ord. No. 89-08, Sec. 1) a) Conditional Use Permit Fee b) Preliminary Plat Fee c) Final Plat Fee d) Rezoning Fee (Amending District Boundaries) e) Zoning Ordinance Amendment Fee (Amending Ordinance Text) f) Site Plan Review Fee g) Zoning Variance Fee h) Subdivision Variance Fee i) Lot Division Fee 90.00 99 for new home occupation applications 20.00 130 for all other new applications 9.00 33 for all renewals 8.00 20 per acre of land area to be platted, plus $!0.66 10 per lot and outlot Minimum fee: $250.86 275 126.8e 130 From FRD District $300.00 330 From all other Districts: $360.00 390 128.00 130 x:-00 260 In conjunction with site plan: 60.00 66 per application. All other variances: $ 90.00 99 per application 90.00 99 per application 00 130 for each new parcel j) Lot Consolidation Fee $ 60.00 66 Plymouth City Code k) Comprehensive Plan Amendment Fee P l carr trree3 Un i t Development P la Reviegc Tees 1) Sketch Plan m) zia a Unmet Development Concept Plan 1015, Subd. 3 Rev. 1989) 360. @e 390 i,600.00 1,100 plus appropriate fees per this subdivision for any Land Use Guide Plan Amendment 36e.00 390 plus appropriate fees per this subdivision for any variance and any Land Use Guide Plan Plan Amendment n) Planned Unit Development Preliminary $8-H 130 plus appropriate fees Plan per this subdivision for conditional use permit, any rezoning, and preli- minary plat o) ^Planned Unit BeveIepmeirt Final Plan $328.06 130 plus appropriate fee per this subdivision for final plat Subd. 3. Reduced Site Plan Review Fees. The fee for Site Plan review shall be 50Z of the Site Plan review fee provided in Subdivision 2 under the following circumstances: a) When plans are submitted after the City Council approval has either expired or has been extended but where no substantive changes have been made to the plans other than required by this Code or Ordinance, in accordance with the Plymouth Zoning Ordinance. b) When plans have been submitted proposing minor structural and/or minor site expansions or modifications as provided by the Plymouth Zoning Ordinance. (Added, Ord. No. 85-15, Sec. 4) Subd. 4. PraDosed Development and Land Use Action Announcement Sign Fees. A fee of $'—`750.00 165 will be charged for the installation and removal by the City of signs announcing the following proposed developments and land use actions; this fee shall be in addition to the established planning application fee set forth in Subd. 2 and subject to the refund provisions set forth in Subd. 3 of this Subsection: a) Signs shall be installed on all sites involving proposed amendments to the Land Use Guide Plan Classification or to the Zoning Classification; applications for approval of Planned Unit Development Concept Plans, Planned Unit Development Preliminary Plat/Plans, and Preliminary Plats. b) Signs shall be provided on all non-residential sites which are within 500 lineal feet of any residential property and which are involved in an application to the Planning Commission. and City Council for a variance or for a conditional use permit. (Added, Ord. No. 86-04A, Sec. 1) 1015.25. Fire Extineuishine Svstem: Fees. a) Installation of Fire Protection Standpipes. 1) Up to 3 floors $ 15.00 15 2) For each additional floor beyond 3 floors free 5 Plymouth City Code 1015.25 Rev. 1987) b) For water Sprinkler Systems or other approved systems 005 x Contract Price. (Ord. 80-14, Sec. 1) 1015.27. Tanks Containing Flammable or Combustible Liquid or Gas: Fees. a) For the installation of fuel oil storage tank only for use in connection with an oil burner installation where such tanks are buried or otherwise enclosed, the permit fee shall be $6..08 6 for each tank less than 1,000 gallons and $12.00 13 for each tank 1,000 gallons or more. b) For the installation of a fuel oil storage tank or tanks only, for use in connection with an oil burner, not underground or otherwise enclosed, the permit fee shall be $4.e 4 per tank. c) For the installation, modification, removal, or abandonment or any under - or above -ground tank, other than a fuel oil storage tank, which will contain a flammable or combustible liquid or gas, other than L.P. gas or fuel oil tanks used for heating, the permit fee shall be $18.00 20 for each above -ground tank, $60-99 65 for each underground tank, and $9.90 10 for the installation or alteration of piping. d) Liquid Propane Facilities: For the installation, alteration, modification, relocation, or replacement of any non-portable propane or L.P. gas storage facility or portion thereof the permit fee shall be: 1) For each storage tank $18.00 20 2) For each vaporizer 9.99 10 3) For gas piping 9.00 10 Amended, Ord. No. 86-12, Sec. 9) MEMO 7, J - CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 13, 1990, for City Council Meeting of November 19 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: TRAIL ON COUNTY ROAD 6 BETWEEN JUNEAU AND FERNBROOK LANE - RECOMMENDATION FROM PRAC 1. BACKGROUND: The City Council sent this issue to the Park and Recreation Advisory Commission for the purpose of the Commission holding a public information meeting. The Commission discussed this item at meetings on October 25 and again on November 8. The Commission voted unanimously to recommend that the trail between Juneau and Fernbrook Lane be installed on the south side of County Road 6, primarily due to safety considerations. A copy of the minutes on this item is attached for your review. The Director of Public Works, Fred Moore, and I both concur with this recommendation, again, because of the safety issues involved. 2. RECOMMENDATION: I recommend the City Council authorize staff to proceed with the completion of trail between Fernbrook and Juneau Lane on the south side of County Road 6. Eric J. Blank, Director Parks and Recreation EJB/np Attachments CITY OF PLYM UTH Pursuant to due call and notice thereof , a meeting of the City Council of the City of Plymouth, Minnesota, was held on day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption. RESOLUTION NO. 90 - APPROVING THE INSTALLATION OF TRAIL BETWEEN FERNBROOK AND JUNEAU LANE ON COUNTY ROAD 6 WHEREAS, the City's Comprehensive Trail Plan calls for the installation of trail along County Road 6 between Juneau Lane and Fernbrook Lane, and WHEREAS, the Park and Recreation Advisory Commission has reviewed and recommended this trail be installed, and WHEREAS, the Director of Public Works and the Director of Parks and Recreation concurs with this recommendation, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that staff is directed to proceed with the plans for the installation of trail on the south side of County Road 6 between Fernbrook Lane and Juneau Lane, and further, that any costs associated with this will be charged to the Park Dedication account 218-218. 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. r iiiiiiiiiiiii, illillillillill illillilillill! illillillillill, illillillillill, illillillillill' III! 7rtwrt rr i f 0) Z12" o 22 P rao a-4o 4 49 GOVT LOT 2 7568.76 RES 19I I 1 E j I k I jS Ks i IJD e r s.. gl371' 6-7..7 RES GOVT L07 I i 7E..— GOVT LOT I •' 9033 55 RES 44i STORM SEWER DISTRICT K 0%+ ARY IfLIME,, SCHOOL DISTRICT 80CNDAP7 IfL!E,, ................... WATERSHEC DISTRICT BDUNCAPT INCREMENT BGU%' APT HENNEPIN COUNTY. UINNESOTA BUREAU OF PUBLIC SERVICE DEPARTMENT OF PROPERTY TAX AND PU&IC REr)RDS a. Council approved the list of ice rinks to be maintained during the 90- 91 winter season. L 5. UNFINISHED BUSINESS a. Proposed trail on County Road 6 from Fernbrook to Juneau Lane. This item was tabled at the October meeting in order to give each commissioner a chance to visit the site. All commissioners present agreed that the trail was necessary after observing the speed of traffic on County Road 6 and witnessing pedestrians and bikers using the road. Henry Willegalle, 1525 Juneau Lane, stated that he did not agree with staff on the location of this segment of trail. He thinks the people north of County 6 will come down Niagara Lane to get to the park, and those who choose to use Fernbrook should be routed down to the Luce Line and then over to the park. He also explained that it is difficult for him to envision the trail system completely in place by just looking at it on a map, and it's hard to understand how all the different segments will fit together in the end, when it's being constructed in pieces. Director Blank tried to explain to Mr. Willegalle that the trail along County 6, when it is all completed, will start at Oakwood Elementary (on the north side of 6) and go east to the Parkers Lake Park tunnel at Co. 6 & Niagara, where it will then cross to the south side of 6, continue along the park boundary to Juneau and then go on to Fernbrook. Mr. Willegalle stated that it did not personally matter to him where the trail is placed, but he does feel that the residents on 6 have given up a lot of their property for the widening of the road, and regardless of where the trail goes, someone will be unhappy. A MOTION WAS MADE BY COMMISSIONER HANSON AND SECONDED BY COMMISSIONER WAAGE TO RECOMMEND THE CONSTRUCTION OF TRAIL ON THE SOUTH SIDE OF COUNTY ROAD 6 BETWEEN FERNBROOK AND JUNEAU LANE AS PROPOSED IN THE COMPREHENSIVE TRAIL SYSTEM PLAN. THE MOTION CARRIED WITH ALL AYES. b. Proposal to build iceink. Robert Furst and Andy Benson, 462 Williams St., Excelsior, p esented their proposal to the Commission to build an indoor ice arena on the sIxe proposed for the community center arena. This item wag, at the October meeting, because these two gentlemen couldn't be•.,present that evening. Director Blank stated that this item has been forwarded to the Financial Task Force for their review. Mr. Benson indicated that the proposed arena would be Olympic size (there are no Olympic size arenas in the metropolitan area at this time), and that he and Mr. Furst would come up with the funds to build it, with the understanding that the City would buy the building once it is constructed and be responsible for the costs of maintenance. They would operate and manage it the first two years at no cost to the City. /If the operating costs exceeded the revenues, Mr. Benson and Furst would cover those losses. If, on the other hand, revenues exceeded expenses, they would get ttQse profits. PRAC Minutes, October 1990 Page 43 b. Acquisition of Proyerty A 2047 Forestview Lane. Council authorized the purchase of Norma Lewi's pr4erty, which is the final piece of land needed before the City. can /start planning the redevelopment of West Medicine Lake City Park.',,,ere are three other parcels privately owned that are within the boundaries of the park, but they lie on the outside edge and don't pose aily\problems at this time. The park could be constructed without acqu ring,them, but Director Blank stated that if their owners did dec e to `ell, he would recommend purchasing them. 5. UNFINISHED BUSINESS a. Discussion of non-residAt use of la ields. This item was discussed at the September meeting, ith representatives of some of the athletic associations. Commissioner, Beach vas absent that night, and because of her involvement in the Piymoutp( Soccer Association, it was decided pber's meeting in order to hear hertocarrythisitemoverto 'pct comments. After reviewing the. inutes of the September meeting, and conducting a survey of her o n,, which involved calling the various athletic associations, Carol onc.luded that charging non-resident fees would generate only about $ ,500\and would cause hard feelings. It was the consensus of the Co ission" to continue with the status quo of not charging fees to non- esident youth using Plymouth facilities at this time. b. 1990 park projects. All 1990 projects 4re either nearing completion, or are finished now. The archery range in Plymouth Creek Park is finished, the trail along kest Medicine Lake Drive is completed, work is done at Swan Lake Park, with the exception of some sodding and dormant seeding, and the tram along 46th Avenue is done. Commissioner Rosen wondered if"°.the City had ever held ribbon cutting or grand opening ceremonies for neighborhood park projects. Director Blank stated that grand openings"\have been held at Parkers Lake City Park and when the six playfields were built in 1980. The commissioners agreed that it mighbe nice to have some sort of informal ceremony in the ring for an Lake Park. Staff will look into it. _ C. Special facilities-com ehensive tan -continue discussion. Director Blank distributed inform ion on the Winona city pool's construction cost and operating budget s\ This was Winona's first summer with its new aquatic facility, which generated income of $90,000 plus. If they had charged a separate fee Xo'\\ride the waterslide, they estimate they would have received an/ad tion's4 $30,000 in revenue. Director Blank also discussed the Crypool, rich had revenue of about $50,000 in 1989. With the additof two w terslides in 1990, they generated income of $117,000. r 6. NEW BUSINESS a. Trail on Co Rd 6 between Fernbrook and Juneau Lane - public meeting. Director Blank explained that this item was referred to PRAC by the City Council, who requested that PRAC hold a public information PRAC Minutes, October 1990 Page 44 meeting on it. The Comprehensive Park and Trail plan proposes that this segment of trail be constructed, and it is staff's feeling that the trail is necessary because of the widening of County Road 6, and due to the fact that an off-road trail will be constructed on the north side of 6 all the way from Co. Rd. 101 to Niagara, at which point it will cross to the south side of Co. 6 and continue west to Juneau. By extending the trail a few more blocks east, it will tie into the trail coming south along Fernbrook, which will eventually extend all the way to the Luce Line. This will provide pedestrians, bikers and joggers safe access to Parkers Lake Park and other points west, as well as giving them a continuous path around Parkers Lake. Mary Kochevar, 14603 County Road 6, wonders why it is necessary to have a trail between Fernbrook and Juneau. It is her opinion that no one will use it, because she doesn't feel it will be safe. She also wanted to know where the people would come from that would be using this trail. She stated that no one lives east of Fernbrook and that its all industrial. Staff responded that trail users could come from the north side of Co. Rd. 6, and proceed east along 6 to the park. She further stated that she and her husband have given up enough property already to the county and city for the widening of 6, and she doesn't feel its fair to ask them to give up more. They have already lost 30 feet to the county and 15 to the city, and now they recently learned that the survey done in 1907 was incorrect, and they're going to have to give up another 27 feet. They would also lose a large cottonwood tree in their front yard if the trail goes through. Ken Neutgens, 14407 County Road 6, stated that he doesn't want the trail either. He feels it would be unsafe for him and his family when they want to leave their driveway, because of the incline and visibility. He also commented on the incorrect survey and how he has been paying taxes on this property, and now that this additional land actually belongs to the City, he wants to be reimbursed for those taxes. He believes he has given up enough land as it is. He also doesn't think anyone will use the trail, because he never sees anyone walking on 6, especially with the widening of the road to four lanes, cars travel at speeds of 50-55 miles per hour now. LeRoy Reinke, 14411 County Road 6, feels that the widening of 6 made for an unsafe condition where his driveway meets the street. He feels that the apron to his driveway slopes up too much, which makes it very difficult to back out of his driveway and see the traffic on 6. He feels that giving up another eight feet for the trail will make this situation even worse. He feels that the trail would have to be crowned where it crosses his property, and he doesn't think that's very safe. He requested that the City put up a privacy fence along people's property if the trail is approved. Henry Willegalle, 1525 Juneau Lane, commented that he doesn't believe the City plans very well when it designs some of its projects. He claims that most pedestrians and bikers come down Juneau Lane, and why didn't the City block Juneau off where it meets 6, rather than blocking Glacier at 6? He feels that the traffic on 6 moves way too fast and that the City should conduct a speed study along the stretch where the trail is proposed. j < PRAC Minutes, October 1990 Page 45 Terry Groetken, 14530 15th Ave N, asked PRAC and staff if the trail would be off-road if it is rerouted down Juneau, and along 15th Avenue. Staff responded that it would only be a signed trail, just like it is now. Dave Anderson, 1555 Juneau Lane, suggested that staff check on the number of people using Juneau Lane as the means for getting to the Luce Line. He claims that on any nice Saturday or Sunday afternoon in the summer, he sees 200 or more people walking, biking, or rollerblading down the street in front of his house. He's fed up with how people treat his property, when they pass by on their way to and from Lions Park or the Luce Line. Dogs defacate on his lawn, some dog owners use his driveway as a place for teaching their dog to retrieve, and he's tired of not having any privacy. He's grateful for the privacy fence on the north side of his lot, but isn't very pleased with the idea of pedestrian traffic being permanently rerouted down Juneau. A resident in the audience with a suggestion for getting people to the Luce Line in a safe manner would be to continue the trail down Fernbrook Lane all the way to the Luce Line. Commissioner Rosen wondered how that would solve the problem of going west on 6 if you're coming from the north, such as the residents living in Raths First Addition or those living in Cimarron East. How do these people get to Parkers Lake? Staff member Fred Moore responded that most of these residents would come down Fernbrook, if they live on the east edge of Raths and Cimarron East, and the others would likely go west on 21st and then south on Niagara. Another possibility at some future point would be to go north on Fernbrook, west on 25th all the way to Niagara and then south. At the present time, the trail on 25th doesn't go all the way through. Chair Freels asked commissioners for their comments after hearing from the residents. Commissioner Beach stated that at this time, without having visited the site, she was against the trail on 6 based on what these residents had to say. Commissioner Waage doesn't know what the best solution is at this time. She does believe that people will use County 6 regardless of whether or not there is a trail, but she believes a trail would be safer. Commissioner Rosen stated that he sympathized with the residents, but feels a trail will be necessary at some point, even if it is 'delayed for now. Commissioner Hanson reviewed what the concerns of the residents were: they feel the trail is an invasion of their privacy and property, they believe they've given up enough land already, they want to be reimbursed for the taxes and special assessments they have paid over the years on land they recently learned is not really theirs, and they have safety concerns. Commissioner Hanson agreed with their concerns and stated that if the trail is approved, she wants staff to work them individually to alleviate some of these concerns. She also believes they should be reimbursed for the taxes and special assessments they've paid on land that isn't theirs. Commissioner Anderson feels that the trail will eventually be constructed on 6, and that until it is, people will walk on the street or on private lawns. PRAC Minutes, October 1990 Page 46 Another resident in attendance commented that when she goes for a walk, she chooses the most scenic route, which tends to be the back or side streets. She would never choose to walk on a busy road like County 6 and can't imagine that others would either. Some commissioners commented that people tend to take the shortest distance between two points, and if their objective is to get to Parkers Lake Park from the east, they will walk on 6. Chair Freels suggested that this item be tabled until the November meeting to give PRAC time to visit the site. He did not have a chance to look at the situation prior to the meeting, nor did other members of PRAC. Ken Neutgens said if the trail is constructed, he will not tolerate the snow being shoved into his yard during the winter. Mary Kochevar stated that PRAC doesn't live there 24 hours a day, and they don't understand how emotional this issue is. A MOTION WAS MADE BY COMMISSIONER ROSEN AND SECONDED BY COMMISSIONER HANSON TO PUT THE TRAIL ALONG CO. 6 AS SHOWN IN THE COMPREHENSIVE PLAN. Discussion continued on whether it was possible to save the tree in the Kochevar's yard. Staff member Fred Moore didn't think so. If fencing or shrubbery is planted as a buffer between the trail and residents' homes, the Park Department would have to fund it. The trail would not go in until next spring. A roll call vote was taken. Commissioners Anderson, Beach, Waage and Freels voted nay. Commissioners Rosen and Hanson voted aye. A MOTION WAS MADE BY CHAIR FREELS AND SECONDED BY COMMISSIONER WAAGE TO TABLE THIS ISSUE UNTIL NOVEMBER AND TO HAVE STAFF PROVIDE AS MUCH IFORMAT10N AS POSSIBLE TO PRAC ON TRAFFIC SPEED ON CO. 6 AND APPROXIMATE NUMBER OF PEOPLE WHO WOULD USE TRAIL. IT WAS FURTHER RECOMMENDED THAT PRAC VISIT THE SITE BEFORE THE NOVEMBER MEETING. The motion to table carried with five ayes. Commissioner Hanson voted nay. b. Request to buy landN s. 1 & 24 Crai Scherber). Mr. Scherber has 87 acres thfs intersection that he would like the city to buy for ps-,an alternative to a site north of Highway 55. He prese/oposal to the City Council and they referred it to PRAC. Blank stated he feels it is in the City's best interest ta site north of Highway 55 as shown in the Comprehensive Pis located at Old 9 and Dunkirk Lane, and is currently being considered by Wayzata School District as a secondary school locations. Scherber explained that the advantage to buying his property is that it",'is available now, and he is a willing seller. Commission r Rosen commented that he is in agreement with Director Blank that a lite is needed north of Highway 55. t MEMO K CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 15, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: "SCHOOL HAZARD STUDY" ZACHARY LANE ELEMENTARY SCHOOL CITY PROJECT NO. 044 ACTION REQUESTED: Adopt the attached resolution authorizing the City's traffic consultant, Strgar-Roscoe-Fausch, Inc., to do a "School Zone Hazard Evaluation" for the Zachary Lane Elementary School. The cost of the study is not to exceed $2,000. BACKGROUND: The City Council directed that we receive a proposal from our traffic consultant to undertake a "School Hazard Evaluation Study" on Zachary Lane adjacent to the Zachary Lane Elementary School. The Council directed this after receiving a petition from the Zachary Lane PTO. Attached is a proposal from Strgar-Roscoe-Fausch, Inc. which contains the necessary work task which must be completed in order that the study be conducted in accordance with State adopted guidelines. The estimated cost for the study would not exceed $2,000. I had originally estimated the cost of the study to be $3,000 to $4,000. In order to complete the study, it will require some work by City Engineering staff to gather existing conditions surrounding the school. School officials will also be required to provide information on the student population and the possible number of students who will choose or be required to walk to school. The location of the homes of these students would also be required. RECOMMENDATIONS AND CONCLUSIONS: It is my recommendation that the City Council adopt the attached resolution authorizing the City's consulting engineer to undertake the study. This study will analyze and recommend any safety improvements which are necessary along Zachary Lane, adjacent to the school. Fred G. Moore, P.E. FGM:kh attachments: Resolution Proposal CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1990. The following members were present: , The following members were absent: XXX its adoption: XXX XXX introduced the following Resolution and moved RESOLUTION NO. 90 AUTHORIZING "SCHOOL ZONE HAZARD EVALUATION" ZACHARY LANE ELEMENTARY SCHOOL CITY PROJECT NO. 044 WHEREAS, the Zachary Lane PTO requested safety improvements on Zachary Lane adjacent to the Zachary Lane Elementary School; and WHEREAS, one of these requested changes was a school speed limit; and WHEREAS, a "School Zone Hazard Evaluation" is required before a school speed limit can be established; and WHEREAS, the City has received a proposal from its traffic consultant, Strgar- Roscoe-Fausch, Inc., to undertake the necessary study; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That Strgar-Roscoe-Fausch, Inc. is authorized to complete a "School Zone Hazard Evaluation" on Zachary Lane for the Zachary Lane Elementary School in accordance with their proposal dated November 6, 1990. The cost of said study shall not exceed $2,000. FURTHER, that funding for the study be authorized from the City's M.S.A. Account (402-402). 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. SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS November 6, 1990 0; . PFC iEiE Mr. Fred G. Moore, P.E. NO 7 1991 Director of Public Works CITY OF PLYMOUTH 3400 Plymouth Boulevardym Plymouth, Minnesota 55447; j RE: SCOPE OF CERVICES FOR TRAFFIC STUDY SCHOOL ZONE HAZARD EVALUATION ZACHARY LANE ELEMENTARY SCHOOL CITY PROJECT NO. 044 Dear Fred: Based on your request of October 19, 1990, we are pleased to submit this proposal for professional traffic engineering services in connection with the new elementary school at the intersection of Vicksburg Lane and 41st Avenue in Plymouth, Minnesota. In order to provide a comprehensive and effective analysis for this project, we see the need for the following work tasks: 1. The City will collect and Strgar-Roscoe-Fausch, Inc. will review traffic and school site data including the following: Roadway character, widths, lighting, traffic control, parking, signing, pavement markings, crosswalks, etc. Traffic volumes --assume existing counts are adequate. Pedestrian volumes --may need to meet with school officials to obtain information concerning school student population and possible number of students who will choose or are required to walk to school or school related activities. Pedestrian facilities, sidewalk, trails, shoulder width, marked crosswalks, etc. Travel speeds --We assume Mn/DOT data is available and adequate. If not, we assume that the City will conduct spot speed study under the direction of Strgar-Roscoe- Fausch, Inc. Accident history. School site character, access, driveways, fencing, etc. Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 Mr. Fred G. Moore, P.E. - 2 - November 6, 1990 2. Estimate the school student pedestrian trips that will be generated in the school peak hours and on a daily basis. 3. Estimate the distribution of these school pedestrian trips between the school and the surrounding neighborhoods. 4. Complete an assignment of the school pedestrian trips to the roadway system and develop school peak hour and daily traffic and school pedestrian movements. 5. Analyze the capability of existing street system to accommodate these school pedestrians and determine the School Zone Limits, appropriate school zone speed limits and traffic control signing and pavement markings including crosswalks. 6. The guidelines to be used in this school zone hazard evaluation are contained in the current Mn/DOT "Guide to Establishing Speed Limits in School Zones". 7. Review also the impact of school driveway access as well as any other related internal or site specific traffic issues. 8. Prepare a draft report describing the results of the School Zone Hazard Evaluation, work performed, results of the analysis and recommended school zone speed limits and other traffic control and design guidelines. 9. Meet with the City to review the preliminary draft and make appropriate revisions. 10. Prepare the final report and make 20 copies. We estimate that the cost to perform these services would not exceed $2,000.000 based on the assumption that previous counts and Mn/DOT speed data are adequate to complete this evaluation. Please let me know if you have any questions concerning our proposal. We are prepared to proceed on this study at your direction. Very truly yours, STRGAR-ROSCOE-FAUSCH, INC. zf Peter A. Fausch, P.E. Senior Vice President PAF/jal Item 7-L will be delivered on Friday. CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 16, 1990 TO: James G. Willis, City Manage r FROM: Frank Boyles, Assistant City SUBJECT: CONTRACT FOR ANIMAL CONTROL Manager 7 -L- CITY L 1. ACTION REQUESTED: The City Council should provide direction to the staff with respect to which animal control alternative outlined in this memorandum is most beneficial to the City of Plymouth. 2. BACKGROUND: For some years, the City has used the Corcoran Pet Clinic facilities for animal impoundment services. The Corcoran Pet Clinic has provided animal impound, euthanasia, and disposal. Recently, all communities receiving service from Corcoran Pet Clinic have been advised that effective June 1991, services will be discontinued. Similarly, Funks Animal Hospital, which had been serving other metropolitan area communities, has elected to eliminate these services. Apparently, veterinarians have concluded that municipal impound services have had a negative impact on their overall businesses and have elected to discontinue such services. Upon receipt of the termination notice, representatives of the Police Department attempted to negotiate an extension with Corcoran Pet Clinic without success. Representatives of the Humane Society were contacted to inquire whether they might be interested in providing these services. This effort was also unsuccessful. Representatives of other communities sent a questionnaire to some 159 metropolitan area veterinarians, inquiring whether they would be interested in providing this service. Only two responded positively. Both were too far from the twin city area, i.e., St. Cloud and Maple Plain, to effectively supply these services. Two options are available. The first is known as the Northwest Animal Control Station I. The second alternative is known as PUPS (Pets Under Police Security). CONTRACT FOR ANIMAL CONTROL November 16, 1990 Page 2 3. ISSUES AND ANALYSIS: Shown below is a summary of the services and costs associated with each of the two proposals: A. NORTHWEST ANIMAL CONTROL STATION I Linda Kadlec and Dr. Kent Brunell have proposed the Northwest Animal Control Station I. Ms. Kadlec has been an animal control officer for numerous communities, including Champlin, and has assisted in establishing the Corcoran Pet Clinic, in addition to working with the State Humane Society. Dr. Brunell, is a veterinarian who owns the land upon which the Corcoran Pet Clinic is located. Under this proposal, Dr. Brunell would construct a 2,200 square foot building on the site of the existing Corcoran Pet Clinic. The sole function of this building would be to provide animal containment services for participating municipalities. The facility would be operated by Ms. Kadlec, but the services of Dr. Brunell and Dr. Rick Cameron would be available. The facility would consist of 20 4' x 6' runs which can be subdivided to allow for total holding capacity of 40 animals. Under the proposed contract with each community (see attachment 1) Station I would be open from 9 a.m. to 8 p.m., Monday through Friday, and noon through 4 p.m. on Saturdays. A monthly fee would cover the costs of all impounds without limit. The following services are also included: costs to board, impound care, vet emergency care, euthanasia, and disposal. The cities of Champlin, Osseo, Wayzata, and Dayton have signed contracts agreeing to participate in the Station I proposal. The cities of Hassen and Medina have received contracts and are expected to execute them. Dr. Brunell has advised me that Plymouth is a key actor in this proposal. If Plymouth executes the contract, Dr. Brunell has stated that he will prepare the necessary petition for development approval and building permit from the City of Corcoran. He has indicated that the City has been generally amenable to the plan in informal discussions. Under the Station I proposal, Plymouth would be assessed 975 per month, or a total of $11,700 per year for these services. The contract is for five years, providing for a 60 day written notice of intention to terminate by either party. CONTRACT FOR ANIMAL CONTROL November 16, 1990 Page 3 B. PUPS (PETS UNDER POLICE SECURITY) After considering all options including Station I, the cities of Brooklyn Park, Maple Grove, Brooklyn Center, Crystal, and New Hope have executed a joint powers agreement to establish PUPS (Pets Under Police Security). The purpose of PUPS is to provide a facility for animal impound, euthanasia, and disposal services for communities participating in the joint powers agreement. Under the PUPS proposal, participating municipalities would provide the capital necessary to acquire .82 acres of land in Maple Grove and construct an animal impound facility. The proposed site, located at 89th Avenue North between Cottonwood and Zachary Lanes, would house a 4,600 square foot facility, containing 20 large animal holding kennels and 30 small kennel facilities. The 20 large kennels can be subdivided into 40 smaller kennels during peak need. The PUPS organization has retained the services of Co - Partnership, Inc., a architectural firm located in Minneapolis. A development plan has been prepared for the facility and the necessary zoning approvals secured from the City of Maple Grove. Final plans for the project are being prepared by Maple Grove and will be sent to bidders shortly. The architect has estimated that the capital costs, including land, building, and equipment for the PUPS facility will be $749,115. A formula has been established for capital cost sharing. If Plymouth were to participate in PUPS, its capital contribution would be $151,445 (see attachment 2). These costs would be paid by the City either in one year, or for a period of up to five years with interest charged on the unpaid balance. The annual operating cost for the PUPS facility is estimated at $69,195. Plymouth's portion would be approximately $10,191 the first year. Operating costs are divided into fixed costs representing the costs of owning the facility, and operating costs representing the costs of impounding and managing the facility. Fixed costs are shared equally, while operating costs are shared based upon the number of impounds per city. CONTRACT FOR ANIMAL CONTROL November 16, 1990 Page 4 To facilitate comparison between the two proposals, I have summarized the advantages and disadvantages of each. STATION I a low cost 60 day termination notice greater number of hours and days in operation weekly. vet availability for immunization emergency services provided uses current location PUPS PROS greatest long-term dependability top quality facilities meets humane society and health department guidelines will it work? are the cost realistic? full control of operations. lack of specifics. when will the facility be done? facility may not conform with humane society/health department requirements. insurance limits 100,000/$300,000 not 600,000 CONS price initial operating hours at 4 daily no emergency services The PUPS proposal is substantially more expensive than Station I. The PUPS proposal has been prepared working in close cooperation with the Humane Society to ensure that all facilities and practices are in full conformance with their requirements. The Station I proposed facility and practices are not as clear since the planning process is not nearly as far along as the PUPS proposal. CONTRACT FOR ANIMAL CONTROL November 16, 1990 Page 5 If Plymouth were to participate in the PUPS proposal, the City would be responsible for paying $151,445 for capital purposes over a one to five year period under the current funding formula. If the City Council elects not to participate in the PUPS proposal at this time, but subsequently wishes to join this joint powers group, the funding formula would change back to the old formula which would make Plymouth responsible for $178,217 in capital funds, plus any other charges which might be instated for late membership. 4. CONCLUSIONS AND RECOMMENDATIONS: The decision is one of price and quality. The Council should determine whether it wishes to further pursue the Station I or the PUPS proposal. Direction should be provided on whether a resolution should be prepared for the December 10 meeting which would authorize the Mayor and City Manager to execute the Station I proposal, or whether a resolution should be presented authorizing the Mayor and City Manager to enter into the joint powers agreement for PUPS. For information I have supplied as attachment 3, copies of the PUPS site drawings, cost figures, and location maps. FB:kec attachment Date: /l9 -`?S- 90 From: Northwest Animal Control Station One. To The City Of: Thank you for your inquiry about Station One. Station One is a permanent animal impound facility and plans to be in service November 1st 1990. Hours will be from 9:00 am to 8:00 pm Monday through Friday and 12100 noon to 4:00 pm on Saturdays. Officers in charge of animal control will be issued a key for after hour use. The fee quoted your city is er month. There would be no extra costs, this fee would be paid for un -limited number of impounds or 0 impounds per month. The fee.supports the costs of 1) Kennels, eauptment and maintenance 2) Staff Veterinarians 3) 24 hour emergency Veterinarians 4) Animal care S) Euthanasia and disposal 6) Staff employees 7) Animals transported to the lab 8) Long term impounds, quarantines and animals held for court actions. ANIMAL CONTRACT This Agreement made by and between the City of / corporation, (.hereinafter called the City) and he Northwest Station One, 7569 County Road 116, Corcoran, Minnesota, a sole hereinafter, referred to as the Poundkeeper). a municipal Aninal Control proprietorship, For and in consideration of the covenants and agreements herein contained, the parties agree as follows: WHEREAS, the Poundkeeper has a warrant herein that it has good and sufficient facilities to perform said functions adequately and humanely for the City. NOW, THEREFORE, the parties hereto agree as follows: 1. That the Poundkeeper shall receive from agents or officials of the City and shall keep, feed, board and shelter all dogs and cats entrusted to the Poundkeeper by the City in a humane manner and pursuant to the ordinance of the City and/ or any applicable statutes of the State of Minnesota relating to animals. 2. If any dog or cat shall not be reclaimed by the owner within five (5) regular business days, as defined in M.S.A. 35.71, the City shall have no right or interest in -such animal and the Poundkeeper may dispose of such animal in a proper and humane manner or in accordance with M.S.A. 35.71 Subdivision 3. In the event the Poundkeeper has knowledge of a party other than the owner who is willing to give the animal a new home, the animal may be released. The Poundkeeper shall, not withstanding the aforesaid, in instances where an animal has bitten a human, keep the animal for the ten (10) day period required under statute for, observation purposes to determine whether the animal is deseased. In the event any owner shall make claim of the animal within the period specified aforesaid, the animal shall be released by the Poundkeeper upon being provided and executed form for such purpose by the City. If the Poundkeeper has received specific instructions to continue to hold the animal for a longer period of time, the City shall not be responsible for the continuing charges thereon until the hold has been released by the City. In the event the animal is delivered to the Poundkeeper dead on arrival, the Poundkeeper shall dispose of the carcass of said animal. In the event that the animal is disposed of by euthanasia, the poundkeeper shall likewise dispose of the carcass of said animal. 3. The Poundkeeper shall keep accurate records of all transactions involving animals he receives that have originated through the City pursuant to the Agreement and shall furnist monthly statements and accounts, including setting, for the disposition of the animals he has received from the City 4. The Poundkeeper shall at no time receive any fees in connection with the licensing, impounding, board, care, keep or shelter of any animals he receives pursuant to this contract. 5. All charges made pursuant to the obligations of the Poundkeeper pursuant to this Aareement shall be paid by the City directly to the Poundkeeper after the Poundkeeper has billed and furnished the necessary monthly statements to the City. E. The Poundkeeper shall be paid based upon the following. A: The Poundkeeper shall be pais per month as a flat l j'(l v monthly fee. ' B. The City agrees to pa_v the Poundkeeper the above flat fee upon the recipt of the monthly statement and in any event shall pay the Poundkeeper within 30 days upon the statement receipt. C. The Poundkeeper agrees to not charge the City for any further costs other than the monthly fee stated above line (A.) The fee shall cover the costs of board, impounding, care, vet, emergency care, euthanasia and disposal. 7. The Poundkeeper shall keep the pound open during regular business hours which shall coincide with the hours of the City Officer. Animals may be discharged to the owner directly at hours other than the above by the Animal Control Officer of the City or her agents. 7. The Pound shall be open at all reasonable times for inspection by the City through it's agents or employees. 9. The Poundkeeper shall be responsible for all damages or harm suffered by the animal under it's care and in it's custody which may be due to the negligence or diliberate acts of the Poundkeeper. The Poundkeeper shall save the City harmless for any damages, costs, actions, or causes of actions, or claims made against the City for any harm losses, damage or expenses on account from the Poundkeepers operation. To -accomplish this, the Poundkeeper shall keep in full force and effect comprehensive general liability insurance in an amount of not less than X100.000.00 for each incident and $300,000,00 for a combination of incidents to safeguard and indemnify the City for any of the occurences mentioned aforesaid. 10. It is agreed and understood that the Poundkeeper shall abide by all the laws of the State of Minnesota and the City of /and if for some reason said laws become in conflict with each o her or the terms of the Agreement, The Poundkeeper shall, in writing, notify the City of the said conflict so that this Aqreement may be modified to conform with the said laws. 11. The Agreement shall be in full force and effect from and after it's execution and for five years following, provided however that the same may be terminated by the agreement of parties hereto or by either party upon giving sixty (60) days written notice of it's intention to terminate this Agreement: WITNESSES: This agreement shall be effective continue in effect until paragraph 11. CITY OF NORTHWEST ANIMAL CONTROL STATION ONE LINDA KADLEC as of and shall unless cancel ed pursuant to PUPS COST ESTIMATE TOTAL OPERATIONS & CAPITAL ANIMAL COSTS ONLY BROOKLYN PARK CAPITAL 206,103 ADM. 4,075 206,103 18,389 ANIMAL 14,314 MAPLE GROVE CAPITAL 148,233 ADM. 4,075 148,233 15,218 ANIMAL 11,143 BROOKLYN CENTER CAPITAL 101,652 ADM. 4,075 101,652 10,592 ANIMAL 6,517 CRYSTAL CAPITAL 77,008 ADM. 4,075 77,008 8,527 ANIMAL 4,452 GOLDEN VALLEY CAPITAL 0 ADM. 0 0 0 ANIMAL 0 NEW HOPE CAPITAL 64,674 ADM. 4,075 64,674 6,351 ANIMAL 2,276 ROBBINSDALE CAPITAL 0 ADM. 0 0 0 ANIMAL 0 DAYTON CAPITAL 0 ADM. 0 0 0 ANIMAL 0 WAYZATA CAPITAL 0 ADM. 0 0 0 ANIMAL 0 MEDINA CAPITAL 0 ADM. 0 0 0 ANIMAL 0 PLYMOUTH CAPITAL 151,445 ADM. 4,075 151,445 10,119 ANIMAL 6,044 TOTALS: 749,115 69,195 A -N -464A, --t Z PUPS CALCULATIONS THE PERCENTAGES ARE BASED ON A FORMULA OF WEIGHTED AVERAGES. POPULATION ]?IGURES WEIGH 67% OF TOTAL IMPOUND FIGURES WEIGH 33% OF TOTAL 87-89 AVG CITY HOUSEHOLD POPULATION IMPOUND TOTAL BP 0 55,294 384 55678 27.51% MG 0 37,729 299 38028 19.79% BC 0 28,578 175 28753 13.57% CRY 0 22,815 119 22934 10.28% GV 0 0 0 1 0 0.00% NH 022,680 61 22741 8.63% ROB 0 0 0 0 0.00% DAY 0 0 0 0 0.00% WAY 0 0 0 0 0.00% MED 0 0 0 0 0.00% PLY 0 51,390 162 51552 20.22% TOTAL 0 218,486 1,199 219,685 100.000 POPULATION FIGURES OBTAINED FROM MET COUNCIL. FIGURES ARE FOR 1989 HOUSEHOLD FIGURE'S' ARE 1989 SINGLE FAMILY UNITS AS RECORDED BY HENNEPIN COUNTY PROPERTY DIVISION THE PERCENTAGES ARE BASED ON A FORMULA OF WEIGHTED AVERAGES. POPULATION ]?IGURES WEIGH 67% OF TOTAL IMPOUND FIGURES WEIGH 33% OF TOTAL taa c 169 \ 9 AI OK CO. rI 3 1\ An k c Lake ` r•• `t. 24212 t ra i A. - ,x u u Elnr-Ctttkl T t•, 0 11 1t sy I French n/ -'^ i' .e: LakeLake • rt1.,' - ,x.,.ir r !: 0'F psIIa8 5 12 •'•, v !I I - x fakeQ ap ' k' .'1( soj° Coon Rapids - 47 x' '• 121 14 •Coors g4x'4 ^'mac.-_?-•., .i' e • *•.+ ud i • -fad.,. - .. . Lek - t : • a 610 is t , all. n - Fro . Su e ° 1 7 2 30 fxo - 30 aaa. n,• •••. «. aice Leke jJ'j a a•.w t • 14 k'`fi •p 252 1 J ..y • '; 1. eas Paseo ,09 Wver J a... La 10 .. • 'I M le Ccc 5h - 130 • - a. •. - e n s , L a 3 ` _ 'J i • « 10 x, Palmer Lake; 61 i i r'. Eagle 69 1 ii.. 52 + aso. • eV ' 1 a, /.• 11 • a, Lake ,! ».. « > aa.•I•... r. >• ,- aie•i _J70L _ _ -—?", Pike a •Ob _ `'. V '° la.f ` I M•a • LN•1 .. • ,,. 'aw. M. M s... 10 F... r• 8 ake Bass i1': •...r - 6 1 J Pomerlea c w sa1sQ . 57 L Lake ;' • - Lake Twin 81 a 156 I w] a 52 amNa 3 j i - I $chmiCt yjr.°.. ft.. a to In als q°••••• osl s 9 ni . a• tLake PI U t _ •2 lake 2 57 \ N' 2°3• en aa.••.. « -enc J." i - c 44 • II s Medicine Lake --- 1 .. Is\ • l• E °I<o leo0- 101 _— xa. • _ • _ ( \4 »,e a xa•. •.. - ^ s _ a— c_' ,.. •• 1\t ri 101 U _ ,\. ` 58 - Mooney 61 , '.. o.:..l °•• 81 • Lake ,:• a c• • a•^' Sweeney- n aar.t . e 52 c peo --- 6 , /Parkers — esn --. 55-- .:..,. r, aa• 1 \ a.e ._ ___ ..•. J_aci•' "• `'^•. -•.• •.'. Hacley ••` F _ • ^ •( S- 'Park Le Glea<en :( s.... %/ °•. - S°. Lake94 w. 73 oa 12 121 I I E: i• t a fes_ ii /. •. a r :- 7,.'"•`• -- ski, :•\ I I I t v.w-••Y3 CITY OF MAPLE GROVE Maintenance Area I Undeveloped Land Zoned 1-1 r III it 11 III 1-111,•,1 -- 1 I ' / - r __— :•r.——crss_r_vt czsr —. j. — '.—.—. ,—. —.— .—.—.—.—.......—•---•—•—•—•—•—•—•—•—•-- It I 1 1 Land Purchased by CIT,( -OF MAPLE GROVE Zoned ,1-1 , I. - 1 j Undeveloped Land j Zoned I-1 C 1' 612 I l rd / i -7 , / i, i treed areas indicated ! (j PUPS 1 1 "a (May forau individual trees I 28 SEPT e0 AREA MAP 89th AVENUE NORTH j Residential Townhouse Development Zoned R•3 Undeveloped Land Zoned 1-1 10 2S 50 100 ISO 200 250 T= P.U.P.S. ANIMAL CONTAINMENT FACILITY co•p ar InoN•_•.N,1E, 15 36'n 22' 22' 7- 0. to - A, GARAGE SERVICE KENNELS I Ivalk hget U I taff OFFICEht1:parking LOBBYLOBBY light- tightj concrete walk 411 pub"Agughpark 10' 1211 "ght V i I f_j I bituminous pa"d v drives and parking Icy N butijding setback parking setback 2,9* j 20' gate tight property line sign sign ...... P 150' sn illghtt iri. 89th89th AVENUE NORTH SITEPLAN 6mw=m%mmmmmmmmm?`mmmm9 0 10 20 40 so F.U.P.S. ANIMAL CONIAIRMENI fACIL11T A - 7 1 Cu 76^1 7!pf, AVE% I, Nq A -OL S0:7) iAIE EPTE-jf- 10- ISS: Lf',A! LCT 2. ILOC4 I bESCPI-'T!eN Rmo?., IN' SI;IAL cmWEPIR [-.JN,y PUIL1114 AL.- FoLvi>,r, 0-A 4,r,: InT _ - 154' X 1.41 A:;Es concreteapron 6-- P. U. P. S. 1... 81'. A.I..t &•.T. R V G t;. - Art S.-cr: 7 .5 7 'il 7 TILL 9: 1% AC:-D..Cf •IT. "APLi A'Vf' Slr.'4DAP9 S v'j,.:TT AN, 10;9. Al par YC NOTES NORTW7 RIJ.P.S. ANIMAL CONTAINMENT FACILITY SIGN AND LIGHT ARCH.TECT! i I I I j .7'w 1 I 1 j 1O'P• ' v 1 6'P I I Irp •rP j natural oroa 1 •8'P .6•P •1(•P •8•P i 1 SA .• • 8P 7 t24 .S'O gross 1 .6'P .6-P I j ./0'p 14'P. .1179 /I117/ / 1 I / I jgrass i8,P j I . 10p `NJ I — JL 1 c gN -1 1 j 6'P• • • •SP • 18'P KP 8'A• 07 P • ' 1'G 1 grass •49 5'M I I8'P• •6"P ' l• •12'P '8-P ` 8 *8• I 121)• % N. _ l.•^. I 12J I •C:. 1/ 1 . E A I I0 ` ' f• 71) j •81) --_•10'P P ' j I .12'P . 4'. 6•P • .8'P I j grass SA I j natural area •s j 1 08.p •rP 8\9101)'I h0•P •dp •10'P •ICP I ..................................... LANDSCAPE PLAN 10 20 40 NOFITN 1 LANDSCAPE NOTES IAiJk7l. AS E; 6; GRADING Ylll RE ALLO.ED EIISTIN6 TREES TO ISE PRESERVED IT?= ASH. SIZE AS INDICATED ON PLAN 11?S ? PINE, AUSTNtAN - SIZE AS IMOICATEC OM PLAN G PL AR. SIZE AS IRD ICATED ON LAN TYPE W COTTONWOOD. SIZE AS INDICATED ON PLAN NEW TREES UfAO Y00: a.0 L•C" "ASLE YPL TFEES WILL BE RENCVED. f PRESSION: FRO! EM PREVIOUS TREE REMOVALS •ILL FILLED. TYPE ^ UNDE!IRABLE WEE:S .ILL IF IL_f^. TIPS E MIL: BE PLANTf- LZVELING AND GRA_I%G !ILL EE iNEci ,I MINIMAL AND .ILL BE DONE BY EL NAVO OR SMA --L EOUIPMENf. w DEAD BRANCHES. BRUNH AND li; •. A'. • .ILL 5• Tt:i L CCDZD. I!? ALL vfVlSMED AREAS WILL BE aR1S•1ED 37 J%2!xSAOUND rAlv•LEP Stf•Ev. r•10,La. HE YILL IT BE I_•CE'• .NDE/ EA:TTI N.*, G Ti EE S NEADS T: MI\IMlif DAMAG% TO ROOTSYSTEMS. ATU"mL REAS *ILL BL 1 0 AT C' TO ANE Ea7Ev7 Iot S18LE YI THOU7 DAM AGINGTHE NCO i SYSTEMS. SPRINKLER MEADS ATYILLB[ (LACED AT 1ME IZRIPHERY Of AREAS AND S RAY ;WTO TME NATURAL AREAS FROM ALO.G CURBS AND •ALK:. GMC:AL SF OUND AREAS AROUND SNR L'8 AND ILA.T MATERIALS YILL BE COVERED WITH CECAR BARK CHIPS. M' DEEP, Ov 6 MIL BLACK PLASTIC, BORDERED WITH 6' BUCK VINYL EDGE AT GRASS. EIISTIN6 TREES TO ISE PRESERVED IT?= ASH. SIZE AS INDICATED ON PLAN 11?S ? PINE, AUSTNtAN - SIZE AS IMOICATEC OM PLAN G PL AR. SIZE AS IRD ICATED ON LAN TYPE W COTTONWOOD. SIZE AS INDICATED ON PLAN NEW TREES AND PLANT MATERIALS YPL IRC". RIVER - _LUMP CF . CR a 8•. B i C MAPLE• REE' S:NSET TYPE ^ MA Lr, EMERALr, L-STER elB , TIPS E LILA: ,JAPANESE '-RCE TYPE F CRA[- RED SPLEND:R B A ITS_ G SPRUCE. BLA:K ?ILLS E B L D I TOE LJGW-C:. ISANEI - IB'. POTTEC A, _-FANTSE ALPINE - IL'. li; •. PIA'_•. !a PArf SZ ik1TE •. Tt:i L JGN:•r., KIST JULEP E S e I!? SI[L%\J•C^NPACT AMEP:CAV Ra !EiRY f.S. POT•ED SCHEDULE P.U.P.S. ANIMAL CONTAINMENT FACILITY t/•I,a N.. typ Y'I AMCMITECT' PLYMOUTH COUNCIL GOALS 1990-1991 I. COMMUNICATIONS a -a 5/14/90 A. Communicate with the residents of Plymouth. I. Improve/refine methods of communication. 2. Before commencing on any significant public works project, affected citizens should be sent a "Bill of Rights," that is intended to avoid surprises. 3. Revisit concept of "Communications Center." B. Communicate respectfully with one another; Councilmembers and staff. C. Public Works, Public Safety, and Park and Recreation Committees, made up of Councilmembers, meet at budget time, with the City Manager and department heads to review operations and future plans. Public Works - Maria Vasiliou and Bob Zitur, Public Safety - Kim Bergman and Lloyd Ricker, Park and Recreation - Lloyd Ricker and Carole Helliwell. D. Work with federal, state, county, and school officials on issues impacting upon Plymouth. 1. Encourage staff interaction with these agencies. Create a list of what Plymouth (Council) wants from these agencies and collectively seek their implementation. Meet with all school boards. Meet with Library Board. E. Become more informed regardig city, county, and state government, i.e., inter elationships, policies, employees, and missions. II. FINANCIAL/STRATEGIC PLANNING A. i?inancial task force formed to plan 1990, 1991, 1992, and through 2010. B. Needs established by Council Committees for: 1. Public Safety Z. Park and Recreation 3. Operations PLYMOUTH COUNCIL GOALS - 1990-1991 5/14/90 Page 2 III. CURRENT ISSUES A. Drug issues. 1. Revisit old task force. 2. Council meet with individual school districts. B. Environment. 1. Recycling (use existing task force) 2. Wetland/tree preservation and soil erosion (use Environmental Task Force). t MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: November 13, 1990 For City Council Meeting of November 19, 1990 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: PROJECT STATUS REPORT BACKGROUND: Enclosed are the status reports provided by various consultants performing engineering services in the City. 1. Strgar-Roscoe-Fausch, Inc. - Project Status Report 2. Bonestroo Rosene, Anderlik and Associates, Inc. - Project Status Report. 3. Donohue Engineers, Architects, Scientists - Project Status Report. 4. Schoell & Madson, Inc. - Project Status Report. 5. Short, Elliott, Hendrickson. Inc. - Project Status Report. 6. James M. Montgomery Engineers, Inc. - Project Status Report. 7. Rieke Carroll Muller Assoc., Inc. - Project Status Report. U Gti 4--A- e A l lGl Lit tLti Daniel L. Faulkner, P.E. DLF:kh attachments: Status Reports Approve Payments Listing PUBLIC IMPROVEMENT PROJECTS APPROVE PAYMENTS FROM 10/15/90 TO 11/19/90 REPORT NO. 66 PAYMENT DATE DATE OF NO. REC'D CONTRACTOR PROJECT APPROVAL AMOUNT 5 & 9/19/90 C.S. McCrossan 1989 Street Reconst. 10/2/90 62,696.53 Final Proj. 801) 2 10/4/90 Northdale Const. Co., Inc. Vinewood Ln/CSAH 9 & 10/10/90 333,366.20 Area (Proj. 948) 3 10/9/90 Alexander Const. Co. Harbor Ln. - Storm 10/10/90 18,198.10 Sewer & St. Imp. Proj. 912) 7 10/5/90 Gammon Brothers, Inc. Schmidt Lake Road 10/10/90 30,003.28 Proj. 705) 2 10/4/90 Barber Const. Co., Inc. W. Med Lk. Dr. Trail 10/10/90 83,543.30 Proj. 931) 2 10/11/90 F.F. Jedlicki, Inc. 25th Ave. Trunk Water- 10/12/90 33,316.54 main Imp. (Proj. 908) 6 10/11/90 Hardrives, Inc. 90 Street Reconstruction 10/12/90 143,735.10 Proj. 001) 7 10/30/90 Hardrives, Inc. 90 Street Reconstruction 10/30/90 302,969.75 Proj. 001) 3 10/31/90 Valley Paving, Inc. 9th Ave. & Ranchview Ln. 11/7/90 2,731.25 Proj. 947) 1 11/6/90 Glendale Contracting CR 9/CR 101 Trunk 11/7/90 364,302.43 Watermain (Proj. 012) 7 10/24/90 E.H. Renner & Sons, Inc. Deep Well No. 11 11/7/90 11,093.2C 4 & 10/29/90 Glendale Contr. Co. Deep Well No. 12 11/7/90 28,003.22 Final Pumping Facility Proj. 909) SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS File Nos. 0870858 -II 0870902 0880995 0891232 0840552 0891258 0891179 MEMORANDUM TO: Fred Moore, P.E. City of Plymouth FROM: Tim Phenow, P. E. Craig Twinem, P. E. c4fr Rick Brown, P. E. DATE: November 12, 1990 SUBJECT: CONSTRUCTION STATUS For each of the following projects, all construction is complete and final payment recommendation is currently being prepared: T.H. 55 AND REVERE LANE AREA - CITY PROJECT NO. 815 CONTRACTOR: ENEBAR CONSTRUCTION CO. S. J. GROVES AREA II (10TH AVENUE) - CITY PROJECT NO. 648 CONTRACTOR: ENEBAR CONSTRUCTION CO. C.S.A.H. 6 AND BRIDGE NO. 27676 - CITY PROJECT NO. 250 CONTRACTOR: RICHARD KNUTSON, INC. C.S.A.H. 61 (NORTHWEST BOULEVARD) - CITY PROJECT NO. 416 CONTRACTOR: IMPERIAL DEVELOPERS, INC. r8l19, f JL' ut J Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 Plouth Com rehensive sanitary-SewerPlan: Poli A written response to the MWCC was submitted te report City review on will be finalized. September 24. Following a review meeting with the City S PLANS AND SPECIFICATIONS Project 94 15th Avenue Storm Sewer and Street Improvements: We have submitted final plans and specifications to the City. withth jproje has Following the Medicine Lake Mayor Gene Hey, who wishes to go forward receipt of bids and prior to the award of the project, e n ast. sassm nt and DNR permithearing will be s have to determine if the City wishes to proceed with the prod been obtained. Medina Road Trunk Water Main Im rovements: The plans and specifications for this project are 80% c ho alet ending DNR eipPof all the this project has been received. The project is currently on , p necessary easements and rights-of-way. ACTIVE CONSTRUCTION PROTECTS Northdale Construction Inc.: closed out following a final inspection and receipt of allThisprojectisexpectedtobe necessary documentation. Pro'ect 906 - 3.0 Million Gallon steej w asciof The water tower has been filled to within five feet altitu de high watves er level. this twrganatbasese on the tower interior has been completed, and the County Road 6 tower) were put into operation aminor software change at the is week. The cathoc tCentralionwas completed last week. The finish site work and Water Treatment Plant remain to be completed. The scheduled completion date for the project is November 30. Pro'ect 909 - Well No. 11 - E.H. Renner & Sons: the The original well site has been abandoned, and a n w test currently will drilled i plan forthe Hills Park area. We have surveyed the area and areY preparing new well for City Staff review. Pro'ect 909 - Well No. 12 Pum in Facility and closed outendale Contractin This project has been comp Page 2. 70-gen\70.cor Project 912 - Harbor Lane Storm Sewer and Street Improvements - Alexander Construction Co., Inc.: The construction work has been completed, and the contractor has completed most of the punchlist items. The project is expected to be closed out following a final inspection and receipt of all necessary documentation. Project 947 - 9th Avenue and Ranchview Lane Storm Sewer and Street Improvements - Valley Paving, Inc.: The construction work has been completed, and the contractor has completed most of the punchlist items. The project is expected to be closed out following a final inspection and receipt of all necessary documentation. Project 906 - County Road 101 Trunk Water Main Improvements - Brown & Cris, Inc.: The punchlist items have been completed by the contractor. This project is expected to be closed out following a final inspection and receipt of all necessary documentation. Project 908 - 25th Avenue Trunk Water Main Improvements - F.F. Jedlicki Inc.: The water main installation on this project is finished, and only the restoration remains to be completed. Project 008 - Bass Creek Business Park - C. W. Houle, Inc.: Construction on this project is proceeding on schedule. The sanitary sewer and water main installation is complete. The storm sewer installation is complete except for the line from the cul-de-sac to Pond No. 2, which is expected to be completed next week. All work on Nathan Lane, except the final wearing course and sidewalks, has been completed. Pond No. 3 is 95% complete, and excavation is proceeding on Pond No. 2. The project schedule is as follows: November 15 - Complete all work on Nathan Lane, except final wearing course and sidewalks December 31 - Complete installation of all utilities, ponds, aggregate base July 31, 1991 - Completion date Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel J. Edgerton, P.E. cc: OGB GRC RGS HMO JKI Page 3. 70-gen\70.cor November 8, 1990 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Dan Faulkner, P.E. ENGINEERS City Engineer ARCHITECTS Re: Medina Road Status Report SCIENTISTS Dear Mr. Faulkner: i NCW Y3 i GJ Following is a summary of Donohue's activities pertaining to the Medina Road project since October 8, 1990. On October 31, 1990, we met with City officials to discuss the findings in the previously submitted wetland investigative report. It was determined that, since the majority of the reported wetlands are perceived to be of a lesser quality, the project be submitted to the Corps of Engineers together with the wetland report and a request for a nationwide permit. Also because roadway embankment and a new drainage outfall will be constructed that will impact stormwater ponding area BC -P2 on the south side of Medina Road, which ponding area is a DNR -protected wetland, a DNR permit must be sought upon completion of the design. In the interim, Donohue environmen- tal staff will discuss the wetland situation with personnel from the Corps of Engineers. Also discussed during the meeting were the assumptions and preliminary designs contained in the preliminary engineering report, various City policies and standards relating to public improvements, subdivisions being contemplated that would abut Medina Road, and miscellaneous design aspects. Final dcsign of the project has begun and we hope to have it completed by the end of December. If there are any questions regarding the foregoing, please call me at 425-2181. Very truly yours, DONOHUE & ASSOCIATES, INC. JEugeTnAn6rson, P.E. File: 42398.320 7200 Hemlock Lane, North Suite 200 Maple Grove, Minnesota 55369 612.425.2181 Telefax 612.425.1913 I BCHOELL & MADSONI INC. ENGINEERS • SURVEYORS • PLANNERS SOIL TESTING • ENVIRONMENTAL SERVICES I 10550 WAYZATA BOULEVARD • MINNETONKA, MN 55343-5482 612] 546-7601 • FAX [6121546-9065 November 12, 1990 Mr. Daniel L. Faulkner, P.E. City Engineer City of Plymouth 3400 Plymouth Road Plymouth, MN 55447 Subject: Engineering Status Report North Central Trunk Sanitary Sewer Project 015 7th Report) Dear Mr. Faulkner: Enclosed for your use is the October -November engineering status report for the North Central Sanitary Sewer Project. Important project items during this period include: 1. The project tasks during this period emphasized finalizing the trunk alignment. Involved in the process were: meetings with property owners, staff meetings, City initiated easement negotiations and coordinating with Gonyea Development Company in their preparation of development plans. The meetings attended by Schoell & Madson, Inc. are summarized in the attached memos. 2. Preliminary development plans for the Gonyea property have recently been submitted to the City for review. If the development plan is approved, the trunk line could be located in the street right-of-way and in dedicated easements. This would eliminate the need for easement acquisition. These preliminary plans could be used by Schoell & Madson, Inc. in the preparation of the final sanitary sewer trunk construction plans. 3. DNR permit application has been submitted. 4. MnDOT permit application has been submitted. AFFIRMATIVE ACTION • EDUAL OPPORTUNITY EMPLOYER SCHOELL & MADSON, INC. t Mr. Daniel L. Faulkner, P.E. -2- November 12, 1990 5. NSP has reviewed the plans (refer to attached letter). 6. Permits to be submitted this month: a. MPCA/MWCC b. Shingle Creek Watershed District 7. Revised Time Schedule: November 9, 1990 - Authorization issued to proceed with final plans. December 1, 1990 through December 28, 1991 - Schoell & Madson, Inc. prepares final plans and specifications. January 7, 1991 - City acceptance of plans and authorization to advertise for bids. Early February 4, 1991 - Award contract, March 1, 1991 - Begin construction. Fall, 1991 - Complete construction. The above schedule is contingent on approval of the Gonyea development and acquiring the easements or right -of -entry on the properties listed in our November 7, 1990 letter (copy attached). If you have any questions or comments regarding this status report, or the project in general, please feel free to give me a call. Very truly yours, SC OELL & MADS , INC. kL John Karwacki, P.E. JRK/cj enc. Ar AASEN ENGINEERS R ARCHITECTS PLANNERS 3535 VADNAIS CENTER DRIVE, ST PAUL, MINNESOTA 55110 TO: DAN FAULKNER, CITY ENGINEER CITY OF PLYMOUTH FROM: SUE MASON DATE: NOVEMBER 12, 1990 SUBJ: PROJECT STATUS REPORT PLYMOUTH, MINNESOTA SEH FILE NO'S 90154, MEMORANDUM 612 490-2000 90187, 90197, 91039, 91091 1990 STREET RECONSTRUCTION PROJECT, CITY PROJECT NO. 001 Hardrives, Inc. is working on the final punch list. The final completion date for this project is November 15, 1990. WELL NO. 13, CITY PROJECT NO. 013 The Contractor is approximately 14% complete with construction of the production well. The drilling operation should be complete in one month and then well development will begin. NORTHWEST TRUNK SANITARY SEWER, CITY PROJECT NO. 014 City staff is working on easement acquisition. Some alignment changes are being made to the plans. Advertising, bidding and award of the project will occur after easements are acquired. DISTRICT NW 17 SANITARY TRUNK_ SEWER,_ CITY PROJECT NO. 040 The feasibility report for the District NW 17 sanitary trunk sewer has been completed. The Council could consider accepting the report and ordering a public hearing on November 19, 1990. 1991 STREET RECONSTRUCTION PROJECT SEH has begun the field review for the feasibility report. Districts proposed for the reconstruction project in 1991 include the remaining portions of Districts 4 and 11, District 7 and District 3. SMM/cih SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN rWTt -:' CITY OF PLYMOUTFF PROJECT STATUS REPORT POND BC -P1 CITY PROJECT NO. 016 JAMES M. MONTGOMERY ENGINEERS, INC. Following meetings with City Staff and an on-site field review, design parameters were established. Additional field survey work was done and a preliminary alignment completed and reviewed with City Staff. Final design plans are currently proceeding. Submitted by:C[Xy'ft Daniel L. Faulkner, P.E. City Engineer Dated: November 15, 1990 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 r 0 November 13. 1990 Mr. Daniel L. Faulkner, P.E. City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 If you have any questions regarding this report, please feel free to contact me. Sincerely, ober obs son, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC, RCR/jj 10901 red circle drive box 130 minnotonka, n innesota 55343 612-035 6001 RE: Watermain Projects - Status Report County Road 9/County Road 141 County Road 101 to Schmidt Subdivision City Project No, 034 RCM Project No. 10074.02 RCM Project No. 10074.03 Aske Dear Mr. Faulkner: mu11e1r associates, Inc. The original project on County Road 9/101 is basically complete except for tying into the two jacked crossings on the south side of TH 55 and about 400 feet 16" DIParCitectsarchitectsof north of TH 55 on Peony Lane. land surveyors equal opportunity Construction of the connection to the Schmidt Garden Subdivision will begin employer as soon as the above mentioned work on Peony Lane is completed. All pipe work is expected to be complete next weak with only restoration work nccdcd to complete the projects. If you have any questions regarding this report, please feel free to contact me. Sincerely, ober obs son, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC, RCR/jj 10901 red circle drive box 130 minnotonka, n innesota 55343 612-035 6001 JAMES J. THOMSON Attorncy at 1sW Direct Dial (612) 337,9209 November 15, 1990 The Honorable Kim M. Bergman and City Council Members City of Plymouth 3400 Plymouth Boulevard plymouth, MN 55447 Re: Development Moratorium HOLM* GRAVEN iL'HARTUIED 470 F,lloury Center, MhuMpolis. Mintksots 55402 Telephone (612) 1137-9300 p'switnib (612) 337-9310 Dear Mayor Bergman and Council Members: At the November 5, 1990 City Council meeting you requested an opinion concerning the general guidelines under which a municipality can impose a moratorium on real estate development. Minnesota Statutes, Section 462.355, Subd. 4 states that a municipality may adopt an interim ordinance restrictr orodof prohibiting development within the municipality for a pe up to 30 months. In order to adopt such an ordinance, the municipality must be conducting studies, or have authorized a study to be conducted, or have scheduled a hearing to consider adoption or amendment to its comprehensive plan or zoning or ordinance. The interim ordinance may not, however, delaroval impede a subdivision that has been given preliminary app before the effective date of the ordinance. Typical examples in which municipalities adopt interim ordinances include situations where the City is considering amendments to its comprehensive plan (Plymouth adopted such annlanjeri ordinance when it recently reviewed its comprehensive p land or where a major public improvement could impact surrounding uses (many municipalities bordering I-394 adopted interim ordinances). The two specific examples that were discussed at the November 5 meeting were the Len Busch Roses situation and the Wetlands Task Force Study. The Len Busch Ptoses matter does not involve a situation where there are any proposals or studies to amend the City'smbehnbases plan or for adopting zoningordinance, ointerime ordinance. The would not ea 11. 15. 90 02:5'7 FM F C 2' ti l 1 The Honorable Rim M. Bergman i and City Council Members November 15, 1990 Page 2 Wetlands Task Force Study does involve potential revisions to the City's zoning ordinance. I would be happy to answer any further questions that you have pertaining to this matter. Sincerely. ba*mtJ. Thomson JJT/cm cc: James Willis Fred Moore Blair Tremere 11. 15. 90 G2:5 7 F.M FG3