Loading...
HomeMy WebLinkAboutCity Council Packet 07-02-1990Iz CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JULY 2, 1990 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the city council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER 2. INVOCATION 3. ROLL CALL 4. PRESENTATION 7:00 P.M. A. It's Not Trash, It's Cash Recycling Winner - Joseph Wittig 5. CONSENT AGENDA 6. MINUTES - Approval of Minutes of the Regular Council meeting of June 18 and 22, 1990 7. PUBLIC HEARINGS A. Vacation of Drainage Easement on Lot 9, Block 1, Zachary Hills Addition B. Public Improvement Hearing for County Road 101/County Road 9 Watermain, Project 012 8. PETITIONS, REQUESTS AND COMMUNICATIONS A. Prudential/Northwest Business Campus. PUD Concept Plan located at the northeast corner of Highway 55 and I-494 89102) B. Mutual Investment Properties. Site Plan and Conditional Use Permit amendment for Minn -Well Supply Co. C. The Robert Larsen Partners. Preliminary Plat and Variance for the Plaza 55 Shopping Center for property located at 11309 Highway 55 (90024) D. Dennis Gonyea. Lot Division/Lot Consolidation for Meyer/Gonyea Addition located south of 45th Avenue, west of Highway 169 and north of County Road 9 90032) E. Van Eeckhout Builders. Lot Division for property located in the Carlson Center 6th Addition, Lot 7, Block 1 (90033) F. Hans Hagen Homes & Westar/Rome Builders. Conditional Use Permit to undertake Land Reclamation in the FRD District located at the southwest quadrant of Medina Road and County Road 24 (90036) G. Inspirations, Inc. Conditional Use Permit to amend the PUD in Burl Oaks for a front yard setback for house addition for Rodney Georgens located at 16890 5th Avenue North (90044) H. Goff Homes. Site Plan Amendment and Variance for "Fernbrook Manor" located east of Fernbrook Lane at 44th Place North (90045) I. Release of Site Improvement Performance Guarantee for Coachman Trails (85022) J. Ordinances Amending the Zoning Ordinance: 1. Residential Facilities 2. Shoreland Private Recreation Facilities 3. Private Streets K. Development Contract Bond Reductions: 1. Quail Ridge of Plymouth 4th Addition (87134) 2. Westwood Ridge 2nd Addition 85108) L. Approve Plans and Specifications and Advertise for Bids, Rockford Road Plaza Improvements, Project 948 M. Receive Preliminary Engineering Report, Storm Water Drainage Pond BC -P1, Project 016 N. Award of Contracts: 1. Well No. 13, Project 013 2. 25th Avenue Watermain, Project 908 3. Swan Lake Neighborhood Park 0. Resolution Requesting the Hennepin County Surveyor to check Certificates of Correction on Plats P. Accept Work and Approve Payment No. 3 and Final for County Road 6/Fernbrook Lane Traffic Signal, Project 250 Q. Authorize Contract with BRW Architects for Design of Public Works Facility R. Approval of Change Order No. 1 and 2 for Fire Station No. 1, Project 825 9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 10. ADJOURNMENT MINUTES REGULAR COUNCIL MEETING June 18, 1990 The regular meeting of the Plymouth City Council was called to order by Mayor Bergman at 7:00 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on June 18, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant Manager Boyles, Community Development Director Tremere, City Engineer Faulkner, Park Director Blank, City Attorney Thomson, and City Clerk Rauenhorst PRESENTATIONS Mayor Bergman announced that Music in Plymouth will be held on Wednesday, June 27. CONSENT AGENDA MOTION was made by Councilmember Vasiliou, Consent Agenda seconded by Councilmember Zitur, to adopt the Item 4 Consent Agenda as presented. Motion carried on a roll call vote, five ayes. MINUTES MOTION was made by Councilmember Vasiliou, Minutes seconded by Councilmember Zitur, to approve Item *5 the minutes of June 4, 1990. Motion carried on a roll call vote, five ayes. PETITIONS, REQUESTS, AND COMMUNICATIONS Community Development Director Tremere stated Site Plan for Len that following Council direction, staff has Busch Roses met with Mr. Busch, the neighborhood Item 6-A representatives, and developers with an interest in the area on two occasions to discuss the application of Len Busch Roses for Site Plan Approval for construction of greenhouses north of Medina Road and west of Regular Council Meeting June 18, 1990 Page 2 County Road 101 (90038). Mr. Busch proposed the construction of additional greenhouses, initially two and then four more on the west side of the facility which includes a number of existing greenhouses and his distribution building. The parties discussed the nature of Mr. Busch's operation and the lighting problem perceived by residents. Developer concerns were expressed regarding the impact on future residents and the means by which future buyers would be notified of the problem. Specific discussion was held with Mr. Busch on the need for an approved landscape plan and on waiving his right to an assessment hearing. Director Tremere presented a proposed resolution approving the site plan for Len Busch Roses. He noted the addition of Condition No. 12: "Effective screening and/or lighting schedules shall be implemented with the new greenhouses so that no light produces glare beyond the boundaries of the property." City Attorney Thomson stated the issue before the Council is whether to approve the site plan submitted by the applicant. He asked whether the application was for two or six additional greenhouses. Attorney Thomson stated that under the Zoning Ordinance, the two additional greenhouses would be permitted uses in the FRD District. He explained that not all of the existing facilities required site plan approval, building permits, or lighting approvals from the City when constructed. He stated the City's authority related to the existing greenhouses is different than the authority related to the present Site Plan application. He stated that the light from the existing greenhouses could be considered under the City Code Nuisance Ordinance. He stated that Section 8, Subd. G, of the Zoning Ordinance which applies to existing uses deals with nonresidential performance standards, one of which is glare. It is his opinion that Section 8 does not apply to the existing greenhouses because they are in an FRD District, which is a residential district. Regular Council Meeting June 18, 1990 Page 3 Attorney Thomson said that an individual may also attempt to seek remedy for the lighting situation through a private action for an Environmental Rights Act violation. Attorney Thomson stated the Council can impose reasonable conditions to mitigate the external impacts of the proposed use on the site. Various conditions have been recommended by staff, the Amber Woods residents, and developers. Councilmember Ricker asked how the lighting situation of the greenhouses would differ from lighting from a school or park playfield area. Attorney Thomson stated it must be found to be a public nuisance. This could be determined by a number of factors including degree of light; however, a nuisance is difficult to define. If the Council received complaints and pursued them under the Nuisance Ordinance, a hearing would be held. Councilmember Vasiliou expressed her concern that once the use is in, it is very difficult to later regulate. All concerns and conditions relating to lighting should be specifically addressed prior to Site Plan approval. She believes the existing lighting situation should be announced by signage for the new developments and residents in the area. Councilmember Vasiliou stated it is inconsistent to enforce strict requirements against developers and not do the same in this case, particularly relating to lighting and landscaping. Peter Pflaum, Lundgren Brothers, Wayzata, stated the Len Busch Roses lighting situation will negatively impact the developers' ability to sell homes in the area. Developers will have to disclose the situation to potential home buyers. Mr. Pflaum suggested that the City require existing home owners in the area to disclose the lighting situation when they sell their homes as well. He stated the lighting situation will become worse if the Site Plan is approved for two additional greenhouses. Regular Council Meeting June 18, 1990 Page 4 Mr. Pflaum gave comparative examples to prove the intensity of the light. He stated that a lighting expert indicated the new greenhouses will increase the existing lighting by 67%. Mr. Pflaum stated developers are not allowed to do anything on a site that negatively impacts adjacent properties, and Mr. Busch should not be not be allowed to either. Mr. Pflaum stated that Mr. Busch has been cooperative; his business is a large, commercial operation driven by profit motive, just as developers are in business. He requested the following requirements if the Site Plan is approved: the light from the new greenhouses should be completely shielded, the light from the existing greenhouses should be shielded, berms and landscaping should be installed to block the horizontal glare, and the City should adopt an ordinance which defines nuisance glare and establish criteria for what level is unacceptable. He suggested that a time table be established to allow Mr. Busch to experiment with different types of lighting screens, and recommended that all screening be installed by September 1, 1991. Councilmember Zitur asked if Lundgren Brothers was aware of the lighting situation when they purchased the property for development. He has not received complaints previously regarding the lighting. Mr. Pflaum stated they were generally aware of the lighting, but were not aware of the intensity of the lighting or that the neighbors considered it a nuisance. Councilmember Vasiliou noted she had lived in the area and that the greatest intensity is in the immediate vicinity of the greenhouses. She agreed with Councilmember Zitur that complaints have not been received prior to this Site Plan application. She suggested that the disclosure requirement may be one of the reasons that residents are now concerned. Russ Waters, 18600 34th Avenue North, President of the Amber Woods Homeowner's Association, stated that following the meeting with Mr. Busch, the Association drafted their June 14 letter which recommends the following conditions for Site Plan approval: Regular Council Meeting June 18, 1990 Page 5 1. Mr. Busch will install mechanical light screens to contain the light in the two greenhouses to be built this year. 2. Mr. Busch will present to the council a plan to install similar light containing devices in the existing greenhouses. The goal of this plan will be to have light containing devices in place on all existing greenhouses within 1-2 years. This plan must be in effect and action started upon before construction begins on the remaining four greenhouses. 3. Mr. Busch will not turn the existing lights on before 11:00 p.m. on any night regardless of sky conditions. The only exception to this will be during the period from Christmas to about January 20. 4. Amber Woods, city staff, and developers will meet with Mr. Busch this winter on a typical overcast evening with snow cover, to evaluate the effectiveness of the installed system to contain the light. An agreeable standard will then be determined, after which Mr. Busch will be expected to comply with in his existing and planned greenhouses. Mr. Waters said that Mr. Busch needs time to properly experiment with the screening devices. The Association supports Mr. Busch and trusts him to work with them to resolve the lighting problem. Councilmember Vasiliou asked if Mr. Waters' comments officially represent those of the Association. Mr. Waters responded yes. Bob Held, 18530 34th Avenue North, stated that many people did not know the greenhouses are in the limits of the City of Plymouth. That may be a reason that lighting complaints were not forwarded to the Council in the past. He stated the lighting is a nuisance and the disclosure requirement could negatively affect existing homeowners as well as developers. He supported the recommendation presented by Mr. Waters. Regular Council Meeting June 18, 1990 Page 6 Steve Jacobitz, 3520 Urbandale Lane, stated the recommendation of the Association shows a spirit of compromise between Mr. Busch and the area residents. He stated that all parties are willing to link the Site Plan approval for the new greenhouses to the lighting problem with the existing greenhouses. Mr. Jacobitz stated it is not fair to allow expansion of the greenhouse operation without addressing the lighting concerns. Curt Tvinneheim, 3420 Urbandale Lane North, stated the light problem is serious. Mr. Busch is a good neighbor and is willing to compromise by accepting the recommendation of the Amber Woods Association. Mary Leuer, 17435 Medina Road, immediately east of the greenhouses, stated she does not consider the lighting objectionable or a nuisance, but rather a protection. Bill Pritchard, Orrin Thompson Homes, stated he concurs with the recommendation of Lundgren Brothers. He stated the lighting problem is severe, and he supports the screening concept. Len Busch stated he is now aware there are a number of residents who object to the lighting used at the greenhouse. He was not previously aware that the lighting was a significant problem. He has anticipated some objection as the area develops. Mr. Busch suggested that he would screen the two new greenhouses this summer and experiment on materials through the winter. He showed screening materials and estimated it would take three years to screen all greenhouses on the site. He stated the required landscaping berm will not resolve the light problem and he objected to the landscaping requirement for the entire length of the site. Councilmember Vasiliou expressed concern about the wattage comparisons cited by Peter Pflaum, Lundgren Brothers. She stated developers are given little tolerance to comply with the City's requirements, and in this situation a period of two to three years is excessive. Once a remedy is found to the Regular Council Meeting June 18, 1990 Page 7 lighting problem, all greenhouses should be screened in a timely manner. Mr. Busch explained time was needed to evaluate new screening systems. Councilmember Ricker suggested that a condition be added which would prohibit construction of future greenhouses until a plan for abatement of the light emitted from the existing buildings is reviewed and approved by the City Council. Councilmember Vasiliou stated Mr. Busch may decide not to build further greenhouses and the lighting problem could continue. Councilmember Zitur agreed that the timeline for completion of screening should be specific. Mayor Bergman stated the city's zoning ordinance needs to be modified to address glare in all areas. Councilmember Helliwell stated there is a sense of cooperation between Mr. Busch and the neighbors and the Council should proceed with their negotiated conditions. The City could pursue the lighting from the existing buildings as a nuisance if necessary in the future. MOTION was made by Councilmember Ricker, seconded by Councilmember Helliwell, to adopt RESOLUTION NO. 90-355 APPROVING SITE PLAN FOR LEN BUSCH ROSES (90038), with the addition of Condition No. 13: "The petitioner shall submit by September 1, 1990, a detailed schedule and plan for abatement of the light emitted from existing buildings by September 1, 1993 so that 'no glare is produced and no new greenhouses shall be constructed on the site until such plan has been approved by the City Council." Peter Pflaum stated a penalty should be included in the resolution if the lighting requirement is not met. Mr. Jacobitz stated that in the interim period, Mr. Busch has agreed to refrain from turning the lights on until 11:00 p.m. or midnight. RESOLUTION APPROVING SITE PLAN FOR LEN BUSCH ROSES 90038) Item 6-A Regular Council Meeting June 18, 1990 Page 8 Councilmember Vasiliou stated it is unreasonable to delay complete screening of all greenhouses until 1993. Discussion ensued regarding comments by the City Attorney that the Council could restrict use of lights until a plan was approved. That is based upon willingness of Mr. Busch to work under that constraint. Attorney Bruce Malkerson, representing Lundgren Brothers, asked for a number of legal clarifications. Mr. Malkerson suggested an additional condition that if the glare from the existing greenhouses has not been corrected by a certain date, then the two new greenhouses can no longer be used. Attorney Thomson stated that Mr. Malkerson's proposed condition may overstep the City's Site Plan approval authority. If a condition of approval is not complied with, the City could proceed with revocation of the Site Plan approval. A result of that action may be that the greenhouses could no longer be used, but it is not clear at this point whether that is legally viable. Site plan related inpacts can be tied to site plan approvals. However, Mr. Busch's current operation is a conforming permitted use and is not, as suggested, a nonconforming use. Motion carried on a ayes; Vasiliou nay. Councilmember Vasiliou is in deference to disclosure requirements homes. roll call vote, four indicated her nay vote concerns about the for existing and new Mr. Busch asked if the requirement for landscaping could be amended since it does not affect the lighting issue. Manager Willis stated this is a standard which the Council considers on each Site Plan, and is a separate issue from the lighting. Mr. Busch can wait until the Medina Road elevation is established to submit a landscaping plan. Director Tremere explained that the plan submitted could propose a combination of improvements, including berming. It was the consensus that Item No. 10 should be clarified to reflect that intent. Regular Council Meeting June 18, 1990 Page 9 Councilmember Ricker asked Mr. Busch to keep the Amber Woods Homeowner's Association updated on the progress with screening. MOTION was made by Mayor Bergman, seconded by Councilmember Ricker, to direct staff to obtain ordinances used by other cities to address glare. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-356 APPROVING FINAL, PLAT AND DEVELOPMENT CONTRACT FOR OPUS CORPORATION FOR "BASS CREEK BUSINESS PARK" (89061) (MPUD 89-1) . Motion carried on a roll call vote, five ayes. RESOLUTION 90-356 APPROVING FINAL PLAT FOR BASS CREEK BUSINESS PARK (89061) MPUD 89-1) Item *6-B MOTION was made by Councilmember Vasiliou, RESOLUTION 90-357 seconded by Councilmember Zitur, to adopt SETTING RESOLUTION NO. 90-357 SETTING CONDITIONS TO CONDITIONS TO BE BE MET PRIOR TO FILING OF AND RELATED TO MET PRIOR TO FINAL PLAT FOR OPUS CORPORATION FOR "BASS FILING (89061) CREEK BUSINESS PARK" (89061) (MPUD 89-1). ITEM *6-B Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-358 seconded by Councilmember Zitur, to adopt ADOPTING RESOLUTION NO. 90-358 ADOPTING ASSESSMENTS, ASSESSMENTS, PROJECT NO. 035, SANITARY SEWER AND WATERMAIN PROJECT 035 AREA - BASS CREEK BUSINESS PARK ADDITION. ITEM *6-B Motion carried on a roll call vote, five ayes. Park Director Blank stated the Park and Recreation Advisory Commission (PRAC) has been conducting public meetings and working on development of Master Site Plans for Bass Lake and Parkers Lake Playfields. He introduced George Watson, Brauer and Associates. Mr. Watson presented the proposed master site plan for Parkers Lake Playfield. Mr. Watson stated there is parking for 325 vehicles on the site. The County Road 6 access will be right in - right out only, and a one-way entrance to the playfield will be Master Site Plans for Bass Lake and Parkers Lake Playfields Item 6-C Regular Council Meeting June 18, 1990 Page 10 added at the intersection of County Road 6 and Shenandoah. Mr. Watson described the picnic area on the site of the former workhouse superintendent's home. He stated 10-12 parking spaces are proposed for this area. Councilmember Ricker suggested that the parking be limited to the least possible in order to provide for additional picnic tables. Mayor Bergman agreed; however, he stated some parking is necessary for handicapped accessibility and maintenance vehicles. In response to a question by Councilmember Zitur, Mr. Watson stated the only lighting at the picnic site would be for security purposes. Councilmember Ricker stated that PRAC has recommended that the picnic area be available only on a reservation basis. He objected to a reservation policy in a public park. He feels all use should be on a first-come, first -serve basis. Councilmembers Ricker and Zitur noted that the City paid $100,000 for this site and it should be available to all to use. Director Blank stated that 10-15 picnic tables are planned under the shelter on the picnic site. He summarized the PRAC Commissioners' discussion and recommendation. PRAC recommended that the future group picnic shelters proposed on the southwest side of Parkers Lane be deleted from the long-range plan since the former superintendent site will serve this purpose. One commissioner felt it was premature to delete the planned picnic site. Following discussion, the Council concurred that no change should be made to the previous southwest area plan. Director Blank explained that currently no group reservations are allowed for any of our picnic areas. Staff members receive a large number of requests for reserved sites. PRAC Chairperson Freels stated the PRAC commissioners walked the site and support the Regular Council Meeting June 18, 1990 Page 11 proposed plan. He added that the waterfall should be removed for safety reasons. In response to questions, Manager Willis stated the waterfall was part of a rock garden on the superintendent's site. Councilmember Vasiliou asked Director Blank to explain the lighting and scheduling proposed for the playfield. She strongly objected to the use of a reservation system for picnics. Director Blank stated two of the five fields are proposed to be lit at this time. The three unlit fields will be prepared for lighting in the future if desired. He stated the playfields are scheduled on a 16 week season, typically Monday through Thursday nights. The maximum number of days in a year a field would be lit is 104. Councilmember Vasiliou stated the scheduling seemed reasonable to accommodate the adjacent residential districts. She stated there is still the problem of excessive noise after the lights are turned off. Councilmember Ricker stated as much of the roadway to the former superintendent's site should be deleted as possible to provide for additional picnic tables. Councilmembers Helliwell and Zitur stated that some parking is needed for the handicapped, elderly, and small children. Councilmember Ricker asked if the developer of Mallard Pointe is aware of the lighting plans. Mr. Watson stated the plans will be made available to the developer. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to adopt RESOLUTION NO. 90-359 APPROVING MASTER SITE PLAN #2 FOR PARKERS LAKE PLAYFIELD, PROJECT NO. 022. Motion carried on a roll call vote, five ayes. RESOLUTION 90-359 APPROVING MASTER SITE PLAN FOR PARKERS LAKE PLAYFIELD, PROJECT 022 Item 6-C Regular Council Meeting June 18, 1990 Page 12 George Watson presented the proposed Site Plan (No. 6) for Bass Lake Playfield recommended by PRAC. A main parking is p roposed for 180 vehicles, with an additional area for 38 vehicles off of Pineview. Mr. Watson stated this is a very difficult site due to the elevation change in the northwest corner, the drainage issues, and the vegetation. Mr. Watson stated that 2.6 of the 23 total acres is proposed to remain as a passive space. Councilmember Helliwell stated that Northwest Boulevard is an important access to the park. Director Blank agreed and stated that he does not believe the park could be opened until the Northwest Boulevard is available. He estimated that tennis and skating may be available by 1991; however, full use of the facility will not be ready until 1992. Director Blank stated the recommended plan proposes lighting for the parking lot, tennis and basketball courts, hockey rink, and one soccer field. Electrical sizing will be included in the event lighting is expanded to additional fields in the future. PRAC Chairperson Freels stated the plan attempts to save as much wooded area as possible. Mr. Watson stated that Plan 3 is recommended by staff. This plan provides an additional soccer field and changes the location for hockey and general skating. Director Blank stated Plan 6, recommended by PRAC, addresses resident requests for a less formalized soccer area in the park. He asked who would be allowed to play soccer on the field and how scheduling would occur. Also, soccer fields need special soil preparation or the City will incur high maintenance costs. Donald Kutz, 13005 55th Avenue North, stated it is the consensus of the neighborhood that Plan 6 is the preferred option. He expressed concern that the soccer field near his property will have an elevation difference of eight feet from his property. The lights Regular Council Meeting June 18, 1990 Page 13 from the field will be at eye level with his property elevation. He requested that lighting not be included for the field. Scott Glatstein, 12850 54th Avenue North, stated he bought his home in January and saw the sign indicating that a playfield was proposed for the site. He is very pleased with a park in this location; however, he objects to the hockey rink in his rear yard. He stated boards will stay up year around and lights will be on for ice flooding at 4:00 a.m. Mr. Glatstein indicated his support for Plan 6. Dick Livermore, 12840 54th Avenue North, stated that the residents of 54th Avenue, 55th Avenue, and Pineview Lane support Plan 6. Norman Gartner, 12910 56th Avenue North, spoke on behalf of his neighbor, Mr. Burk Johnson, 5420 Sycamore Lane, in support of Plan 6. Mr. Gartner stated the City conducted a questionnaire in May and Plan 6 addresses the majority of desires indicated in the survey. Mr. Gartner urged the Council to consider Plan 6 due to the inclusion of the open soccer area. He stated this area would be first-come, first -serve and could be used for unorganized groups. Mr. Garner said that Plan 6 is a compromise developed after input from the public, and he encouraged the Council to proceed with the project. Neal Lawson, 12730 54th Avenue North, supported Plan 6. He stated that traffic to and from the park should be carefully considered, and the park should not operate until Northwest Blvd. is connected from the north to Schmidt Lake Road. Drainage and lighting must be carefully considered so as not to negatively impact the neighbors. Mr. Lawson asked that resident involvement in the park planning be allowed to continue through the development of final plans. Robert Gomsrud, 5415 Pineview Lane, original owner of the property, indicated his support for Plan 6. Fran Otto, 5475 Rosewood Lane, requested that the drainage flow not be increased from the property. He favors Plan 6. Regular Council Meeting June 18, 1990 Page 14 MOTION was made by Councilmember Zitur, RESOLUTION 90-360 seconded by Councilmember Vasiliou, to adopt APPROVING MASTER RESOLUTION NO. 90-360 APPROVING MASTER SITE SITE PLAN FOR PLAN #6 FOR BASS LAKE PLAYFIELD, PROJECT NO. BASS LAKE 021. PLAYFIELD Item 6-C Councilmember Ricker asked staff to respond to the resident comment regarding lighting at 4:00 a.m. Park Superintendent Peterson stated that crews normally start preparing ice at 5:00- 6:00 a.m.; however a minimum of lights are used and the school rinks are scheduled first. Mayor Bergman noted that Plan 3 would provide one more needed soccer field. Also a great deal of passive space has already been retained in the wooded area. He suggested properly preparing the soil for soccer in the proposed open passive area in the event that a formal field may be considered in the future. He stated that this site was planned as a playfield and signed as playfield. Maximum use should be made of the field. Councilmember Helliwell stated she does not support Plan 3 because the hockey rink is closer to the homes than in Plan 6 and noise could be a problem. Motion carried on a roll call vote, four ayes; Bergman nay. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-361 seconded by Councilmember Zitur, to adopt APPROVING PLANS RESOLUTION NO. 90-361 APPROVING PLANS AND AND ORDERING SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR ADVERTISEMENT FOR BIDS FOR WEST MEDICINE LAKE DRIVE TRAIL CITY BIDS FOR PROJECT PROJECT NO. 931. HOYT DEVELOPMENT NO. 931 89075) Item *6 Item *6-D Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-362 seconded by Councilmember Zitur, to adopt SITE PERFORMANCE RESOLUTION NO. 90-362 AUTHORIZING REDUCTION GUARANTEE OF SITE PERFORMANCE GUARANTEE FOR HOYT REDUCTION FOR DEVELOPMENT COMPANY (89075). HOYT DEVELOPMENT 89075) Item *6 Regular Council Meeting June 18, 1990 Page 15 Motion carried on a ayes. roll call vote, five MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-363 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR REAL ESTATE DIVERSIFIED, INC., FOR "KINDER CARE LEARNING CENTER" AT 4475 HIGHWAY 169 (86034). Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-364 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR ALAN MUNLA 88121) . Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-365 AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR HOYT DEVELOPMENT COMPANY (86127). Motion carried on a roll call vote, five ayes. Manager Willis stated the City's Thoroughfare Guide Plan contemplates the realignment of County Road 73 southerly from Trunk Highway 55 to Sunset Trail. The realignment would require the acquisition of several private parcels of property. In 1988 the City created Tax Increment Financing District 6-1, largely in response to a proposed retail development which was to have been located on the north side of Highway 55, east of West Medicine Lake Drive. The development did not proceed. In 1989 The Robert Larsen Partners indicated their interest in redeveloping the Schiebe property. Since that time the developer has been working with staff to refine the plan, particularly as it relates to traffic impacts. Manager Willis stated Hennepin County should assist in financing this improvement. A meeting was held with the City, developer, RESOLUTION 90-363 SITE PERFORMANCE GUARANTEE RELEASE FOR KINDER CARE LEARNING CENTER 89034) Item *6-F-1 RESOLUTION 90-364 SITE PERFORMANCE GUARANTEE RELEASE FOR ALAN MUNLA 88121) Item *6-F-2 RESOLUTION 90-365 SITE PERFORMANCE GUARANTEE RELEASE FOR HOYT DEVELOPMENT CO. 86127) Item *6-F-3 County Road 73 Realignment Item 6-G Regular Council Meeting June 18, 1990 Page 16 and Hennepin County representatives to discuss the need for this realignment, particularly due to the upgrade of Highway 12 to I-394 and the future interchange with County Road 73. Manager Willis stated the developer should bear costs attributable to his project. The developer has indicated his willingness to enter into a minimum assessment agreement whereby tax increments in the amount of approximately $500,000 would be generated by his project to help offset the City's costs for the project. He recommended that the City continue to work with the County to determine the degree to which they are willing to participate and a timetable. Once the County's level of participation is known, the Council can better evaluate the City's cost participation. Kelly Doran, 730 2nd Avenue South, Suite 281, stated that if the County agrees to pay the costs of this realignment, the City may be asked to pay for the project in the interim period between construction and county reimbursement. He asked if the Council would approve of this concept. Councilmember Vasiliou asked if anything similar has been done in the past. Manager Willis stated similar situations have occurred on MnDOT projects in the City where the City did the work and later received reimbursement. MOTION was made by Councilmember Zitur, seconded by Councilmember Ricker, to direct staff to continue to explore County Road 73 realignment from Highway 55 to Sunset Trail with Hennepin County. Motion carried, five ayes. Manager Willis recommended that the Council authorize the purchase of one fire truck with pumper/telescoping aerial device from General Safety Equipment Corporation in the amount of 256,441. The City would reserve the right to purchase a second truck in accordance with the proposal. Regular Council Meeting June 18, 1990 Page 17 MOTION was made by Councilmember Ricker, RESOLUTION 90-366 seconded by Councilmember Zitur, to adopt AWARDING BID FOR RESOLUTION NO. 90-366 AWARDING BID FOR PURCHASE OF ONE PURCHASE OF ONE FIRE TRUCK WITH FIRE TRUCK PUMPER/TELESCOPING AERIAL DEVICE. Councilmember Helliwell asked if the truck which the second new truck would replace pumps an adequate amount of water. Manager Willis stated that that truck is not the first truck out of the station. Fire Chief Robinson agreed that the truck will still be used as backup even if a new truck is purchased. Councilmember Ricker stated the Council is only a month away from budget deliberations and the issue should be considered at that time. He suggested that since there is a difference of opinion about the quality of this backup truck between the Fire Department and the Public Works Director, perhaps an outside consultant should review the situation and make a recommendation to the Council. Councilmember Vasiliou agreed that an outside consultant would be a good idea. She has researched companies that do this type of analysis and will provide names to the City Manager. She supported an outside analysis of the Fire Department equipment, personnel, and department. Public Safety Director Carlquist recommended that the Council authorize purchase of only one truck at this time. Motion carried on a roll call vote, five ayes. Public Safety Director Carlquist outlined the Gaughan Companies Fire Code Appeal Procedure and explained that Fire Code Appeal the Gaughan Companies, owners of Harbor Lane item 6-I Apartments, have requested a formal appeals hearing relating to the requirement that additional fire horns be installed in individual apartments in order to appropriately alert residents of fire. Director Carlquist stated the Gaughan Companies refuses to mediate or comply with Regular Council Meeting June 18, 1990 Page 18 the order of the Fire Marshal that fire horns be installed. This matter was before the Council on November 20, 1989, at which time it was agreed that Gaughan Companies officials and the Fire Department would refer the matter to the State Fire Marshal for a decision. The State Fire Marshal responded that his office no longer reviews and acts as a final appeals board. The Council amended the policy on processing appeals on February 8, 1990, limiting appeals to the State Fire Marshal only in those cases where the appellant believes that the Fire Department is enforcing the Minnesota Uniform Fire code unfairly or inconsistently. The State Fire Marshal has responded that he does not perceive the enforcement by the City to be either arbitrary or inconsistent and has returned the issue to the City for resolution at the local level. Stan Scofield, Fire Inspector, explained the situation in the Harbor Lane Apartment building. He stated that equipment was obtained to conduct decibel tests of the hallway alarms to determine if they were adequate to warn residents inside the apartments of fire. The equipment was placed in three different apartment units in Plymouth, one of which was Harbor Lane. Noise levels were measured over a 24 hour period and graphed the sound levels to within 1/2 decibel. The purpose of this experiment was to attempt to replicate the suggestion of the State Fire Marshal to have a licensed engineer conduct additional tests. The purpose of running a 24 hour test was to establish the average ambient noise level. Fifteen decibels was then added to the average to determine an appropriate warning level. None of the apartments tested at Harbor Lane measured a decibel reading of 70 decibels or more in the bedrooms when the fire horns were set off in the hallway. A minimum of 75 decibels is required. The fire horns in the hallway would alert people in the hallways of a problem; but the intent of the fire code is to alert people inside the units. Inspector Scofield concluded that the Fire Department considers this situation a significant life safety problem. Regular Council Meeting June 18, 1990 Page 19 Kathy Bjorkman, Gaughan Companies, stated this is an industry issue and the Gaughan Companies opposes Plymouth's horn requirement. Ms. Bjorkman stated the Gaughan Companies' interpretation of the NFPA code is a minimum decibel requirement of 50 --not 75. She stated the Uniform Fire Code does not imply that these audible alarms are intended to be heard in rear rooms or by sleeping persons. Ms. Bjorkman stated that many fire code orders have been corrected at Harbor Lane since the Gaughan Companies purchase of the property. Hard -wired smoke detectors were installed in each of the 313 units and in hallways and common areas. She anticipated an ongoing vandalism problem with the horns. The horns will be destroyed, removed, and falsely set off. She stated this requirement is unreasonable and extremely costly. Mayor Bergman asked if other apartment owners have complied with the horn installation requirement. Inspector Scofield responded that other apartment building owners have indicated they will comply. Ten structures have already installed the system. He estimated the installation cost to be $50-$100 per dwelling unit. Councilmember Helliwell questioned the difference between the smoke detectors and the alarm horns. Inspector Scofield stated a smoke detector will warn apartment occupants of a fire in their own unit; however, the alarm horns would notify occupants of a fire in another unit or another part of the building they would otherwise be unaware of. He stated that in apartment building fires, residents don't leave the building because they don't know there is a fire. Ms. Bjorkland stated there has never been a casualty due to fire in any of the units managed by Gaughan Companies, and only two significant fires, with no injuries, have occurred at Harbor Lane Apartments. Regular Council Meeting June 18, 1990 Page 20 Roxie Siegler-Hazelden, Gaughan Companies, stated the smoke detectors are checked in each apartment unit every six months. Tenants are also trained on fire evacuation routes. She stated many residents pull alarms falsely and disconnect their smoke detectors. Also, when they hear an alarm, they don't leave the building, but just assume it's a false alarm. Jim Sorbel, 2899 14th Terrace NW, New Brighton, represented the Minnesota Multi Housing Association, a nonprofit trade association. Mr. Sorbel expressed his concern with possible ramifications for the industry of this interpretation of the fire code. He does not believe there is a distinct hazard in this situation that warrants horn installation. Mr. Sorbel stated enforcement of this interpretation will have a negative impact of less affordable rental housing in the City. Richard Kelso, Sagamore Condominiums, supported the Gaughan appeal. He stated the existing system is adequate. He suggested that if the Council supports the interpretation of the Fire Department, it should exclude condominiums. Councilmember Zitur noted that many condominium units are rented and he is concerned with protecting all residents of the City. Richard Zejdlik, 4055 Goldenrod Lane, represented Parkside Apartments. He outlined the fire construction, prevention, and deterrent systems installed in the building. Mr. Zejdlik stated the City's alarm ordinance is not fair. A single family residence gets four false alarms at no charge. An apartment complex also gets four false alarms regardless of the number of dwelling units. Attorney Thomson stated the Fire Code requires that alarms be effectively heard above the ambient noise level during normal levels of occupancy. The Council must make the determination of whether the existing system is adequate or whether the fire horns should be installed. The Council must make a decision on the interpretation of the code. The Gaughan Companies are not asking for a variance from the requirement. Regular Council Meeting June 18, 1990 Page 21 Councilmember Ricker stated he would like to see alarm horns in each apartment unit, but that requirement may place a financial burden on some people. He suggested that in the future when an apartment complex is sold, the owner be required to bring it up to standards, including the fire horn requirement. Councilmember Vasiliou stated she has not heard evidence to dissuade her from abiding by the recommendation of the Public Safety Director. Attorney Thomson reminded the Council that they are not receiving a staff recommendation. They are hearing two different interpretations of the Fire Code and need to make a decision which interpretation is correct. Manager Willis suggested that staff could summarize in writing the data presented by the Fire Department and the Gaughan Companies for Council review. Ms. Bjorkland stated the unit used for decibel comparison at Harbor Lane Apartments was not a typical unit. It was near the boiler room, testing was done in the kitchen with residents and children present. Director Carlquist noted that the recommendation of the State Fire Marshal was that outside testing be done by a licensed engineer. Gaughan Companies does not wish to pay for this testing. He also stated that a limited number of fires is not a good reason to support the Gaughan Companies appeal. As the housing stock in Plymouth gets older, more fires will occur. Ms. Seigler-Hazelden stated an appropriate ambient noise level should be determined on a national level. Fire Inspector Leuer expressed the concern of the Fire Department that they are finding many residents still in their apartment units when firefighters arrive at fires. Ms. Bjorkland clarified that Gaughan Companies requested mediation of the fire Regular Council Meeting June 18, 1990 Page 22 horn requirement, but was refused by the Fire Department. Director Carlquist stated that Gaughan Companies has refused to do additional tests and has refused to comply with the installation order. MOTION was made by Councilmember Ricker, seconded by Mayor Bergman, to defer this appeal until a staff summary report is received. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-367 seconded by Councilmember Zitur, to adopt INSTALLATION OF RESOLUTION NO. 90-367 INSTALLATION OF TRAFFIC TRAFFIC SIGNAL AT SIGNAL AT COUNTY ROAD 10 AND NATHAN LANE, C.R. 10 AND CITY PROJECT NO. 812. NATHAN LANE PROJECT 812 Motion carried on a roll call vote, five Item *6-J ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-368 seconded by Councilmember Zitur, to adopt RECEIVING RESOLUTION NO. 90-368 RECEIVING PETITION AND PETITION AND ORDERING PREPARATION OF PRELIMINARY REPORT, ORDERING REPORT, SCHMIDT GARDENS WATERMAIN IMPROVEMENT, CITY PROJECT 034 PROJECT NO. 034. Item *6-K Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-369 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, 1990 SEAL COAT PROGRAM. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-370 REDUCING DEVELOPMENT BOND, HERITAGE RIDGE PLAT TWO ADDITION 89036) . Motion carried on a roll call vote, five ayes. RESOLUTION 90-369 APPROVING PLANS AND ORDERING ADVERTISEMENT FOR BIDS, 1990 SEAL COAT PROGRAM Item *6-L RESOLUTION 90-370 REDUCING DEVELOPMENT BOND FOR HERITAGE RIDGE PLAT TWO ADDITION (89036) Item *6-M-1 Regular Council Meeting June 18, 1990 Page 23 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-371 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-371 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, BASS LAKE WOODS ADDITION (84075). FOR BASS LAKE WOODS ADDITION Motion carried on a roll call vote, five (84075) ayes. Item *6-M-2 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-372 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-372 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, CARLSON CENTER EIGHTH ADDITION (87092). FOR CARLSON CENTER EIGHTH Motion carried on a roll call vote, five ADDITION (87092) ayes. Item *6-M-3 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-373 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-373 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, DEERHAVEN THIRD ADDITION (89105). FOR DEERHAVEN THIRD ADDITION Motion carried on a roll call vote, five (89105) ayes. Item *6-M-4 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-374 seconded by Councilmember Zitur, to adopt REDUCING RESOLUTION NO. 90-374 REDUCING DEVELOPMENT DEVELOPMENT BOND BOND, BASS LAKE CORPORATE CENTER FIRST FOR BASS LAKE ADDITION (88146). CORPORATE CENTER FIRST ADDITION Motion carried on a roll call vote, five (88146) ayes. Item *6-M-5 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-375 seconded by Councilmember Zitur, to adopt DECLARING SURPLUS RESOLUTION NO. 90-375 DECLARING PROPERTY PROPERTY AND SURPLUS AND AUTHORIZING SALE, WEST MEDICINE AUTHORIZING SALE LAKE DRIVE. Item *6-N Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-376 seconded by Councilmember Zitur, to adopt ORDERING HEARING RESOLUTION NO. 90-376 ORDERING PUBLIC HEARING ON VACATION OF ON THE PROPOSED VACATION OF DRAINAGE AND EASEMENTS IN UTILITY EASEMENTS, LOTS 1, 2, AND 3, BLOCK 1, PLYMOUTH OFFICE PLYMOUTH OFFICE COMMERCIAL PARK ADDITION. COMMERCIAL PARK ADDITION Motion carried on a roll call vote, five Item *6-0-1 ayes. Regular Council Meeting June 18, 1990 Page 24 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-377 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS, LOTS 6 AND 7, BLOCK 4, PARKERS LAKE NORTH 3RD ADDITION. Motion carried on a roll call vote, five ayes. RESOLUTION 90-377 ORDERING HEARING ON VACATION OF EASEMENTS IN PARKERS LAKE NORTH 3RD ADDITION Item *6-0-2 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-378 seconded by Councilmember Zitur, to adopt ORDINANCE HEARING RESOLUTION NO. 90-378 ORDERING PUBLIC HEARING ON VACATION OF ON THE PROPOSED VACATION OF DRAINAGE AND EASEMENT IN MEYER UTILITY EASEMENT, LOTS 1 AND 2, BLOCK 1, GONYEA ADDITION MEYER GONYEA ADDITION. Item *6-0-3 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-379 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING - CIMARRON PONDS ADDITION. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-380 RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING CIMARRON PONDS ADDITION. Motion carried on a roll call vote, five ayes. RESOLUTION 90-379 ACCEPTING PETITION AND ORDERING REPORT, STREET LIGHTING CIMARRON PONDS ADDITION Item *6-P RESOLUTION 90-380 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING CIMARRON PONDS ADDITION Item *6-P MOTION was made by Councilmember Vasiliou, RESOLUTION 90-381 seconded by Councilmember Zitur, to adopt CORRECTION TO RESOLUTION NO. 90-381 AUTHORIZE THE CITY PLAT OF BASS LAKE CLERK TO SIGN LAND SURVEYOR'S CERTIFICATE OF HILLS ADDITION CORRECTION TO PLAT, BASS LAKE HILLS ADDITION. Item *6-Q Motion carried on a roll call vote, five ayes. Regular Council Meeting June 18, 1990 Page 25 RESOLUTION 90-382 MOTION was made by Councilmember Vasiliou, APPROVING NO seconded by Councilmember Zitur, to adopt PARKING ON 7TH RESOLUTION NO. 90-382 APPROVING NO PARKING AVENUE BETWEEN SIGN INSTALLATION ON 7TH AVENUE BETWEEN VICKSBURG LANE VICKSBURG LANE AND RANCHVIEW LANE. AND RANCHVIEW Motion carried on a roll call vote, five Item *6-R ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION seconded by Councilmember Zitur, to adopt AWARDING BID FOR RESOLUTION NO. 90-383 AWARDING BID FOR 1990 1990 STREET STREET RECONSTRUCTION PROJECT, CITY PROJECT RECONSTRUCTION NO. 001. PROJECT Item *6-S Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-384 seconded by Councilmember Zitur, to adopt RENEWAL OF ON - RESOLUTION NO. 90-384 APPROVING RENEWAL OF SALE NON - ON -SALE NON -INTOXICATING LIQUOR LICENSES. INTOXICATING LIQUOR LICENSES Motion carried on a roll call vote, five ayes. Item *6-T-1 MOTION was made by Councilmember Vasiliou, RESOLUTION 90-385 seconded by Councilmember Zitur, to adopt RENEWAL OF OFF - RESOLUTION NO. 90-385 APPROVING RENEWAL OF SALE NON - OFF -SALE NON -INTOXICATING LIQUOR LICENSES. INTOXICATING LIQUOR LICENSES Motion carried on a roll call vote, five Item *6-T-1 ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-386 seconded by Councilmember Zitur, to adopt APPROVING RESOLUTION NO. 90-386 APPROVING CONSUMPTION CONSUMPTION AND AND DISPLAY LICENSES. DISPLAY LICENSES Item *6-T-1 Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, RESOLUTION 90-387 seconded by Councilmember Zitur, to adopt APPROVING RESOLUTION NO. 90-387 APPROVING AMUSEMENT AMUSEMENT LICENSE LICENSE FOR MAPLE GROVE MALL ASSOCIATION. FOR MAPLE GROVE MALL ASSN. Motion carried on a roll call vote, five Item *6-T-2 ayes. Regular Council Meeting June 18, 1990 Page 26 MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-388 SETTING PUBLIC HEARING TO CONSIDER THE ON -SALE NON -INTOXICATING AND WINE LIQUOR LICENSE APPLICATIONS OF JIEN FUNG, INC. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-389 APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 31, 1990. Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 90-390 PLYMOUTH COMMUNITY LIBRARY. Motion carried on a roll call vote, five ayes. RESOLUTION 90-38$ SETTING HEARING ON ON -SALE NON - INTOXICATING AND WINE APPLICATION FOR JIEN FUNG, INC. Item *6-T-3 RESOLUTION 90-389 APPROVING DISBURSEMENTS FOR PERIOD ENDING 5-31-90 Item *6-U RESOLUTION 90-390 PLYMOUTH COMMUNITY LIBRARY Item 6-V MOTION was made by Councilmember Ricker, Status Report on seconded by Councilmember Zitur, to accept Watershed the status report on Watershed Planning of Planning the Watershed Management Organizations. Item 7-B Motion carried on a roll call vote, five ayes. MOTION was made by Councilmember Ricker, Project Status seconded by Councilmember Zitur, to accept Report the Project Status Report. Item 7-C Motion carried on a roll call vote, five ayes. MOTION was made by Mayor Bergman, seconded by Negotiate with Councilmember Vasiliou, to direct the City BRW - Public Manager to negotiate and return to the Works Building Council on July 2 the proposal for Expansion architectural services for the public works Item 7-D building expansion. Motion carried, five ayes. At 1:00 a.m. the meeting was adjourned until 3:00 p.m. Friday, June 22 to complete the agenda and to meet in Executive Session with the City Attorney regarding the claim of BWBR Architects. Regular Council Meeting June 18, 1990 Page 27 City Clerk MINUTES ADJOURNED REGULAR MEETING OF JUNE 18, 1990 JUNE 22, 1990 A regular meeting of the Plymouth City Council, adjourned from the regular meeting of June 18, 1990, was called to order by Mayor Bergman at 3:02 p.m. in the Council Chambers of the City Center at 3400 Plymouth Boulevard on June 22, 1990. PRESENT: Mayor Bergman, Councilmembers Helliwell, Ricker, Vasiliou, Zitur ABSENT: None STAFF PRESENT: City Manager Willis, Assistant City Manager Boyles, City Attorney Thomson, and City Clerk Rauenhorst. The Council discussed the proposed charge for the Financial Task Force. Mayor Bergman suggested the language should be amended to reflect the desire to receive short as well as long-range recommendations from the Task Force. Councilmember Ricker stated the suggestion is good, but should be clearly defined in the Task Force charge. Mayor Bergman suggested that recommendations be requested for 1992, 1995, 2000, 2005, and 2010. He also noted that Item 5 of the charge should be changed to 2010. Financial Task Force Item 7-A MOTION was made by Councilmember Vasiliou, seconded Financial Task Force by Councilmember Zitur, to approve the charge for Item 7-A the Financial Task Force with the changes as noted above, and to appoint Mayor Bergman and Councilmember Ricker as the Council designees to the Task Force. Councilmember Vasiliou stated that Councilmember Ricker will be able to provide historical information to the Task Force from his prior experience as Finance Director. Councilmember Zitur agreed. Motion carried on a roll call vote, five ayes. The Council directed staff to schedule interviews for the twelve applicants to the Financial Task Force from 5:30 p.m. to 8:30 p.m. on July 5. Candidates will be interviewed by two subcommittees consisting of two councilmembers. Councilmember Zitur and Ricker reported on the League of Minnesota Cities Conference they attended in Duluth. Mayor Bergman reported on the recent Domestic Violence Forum. Councilmember Vasiliou stated that the news releases relating to Music in Plymouth indicate that the cost of the event is about $23,000; however, no mention is made that the City of Plymouth is the largest contributor to this event. The City gives almost 10,000 of the total amount, yet receives no recognition as a contributor. Mayor Bergman will send a letter to the Civic League, sponsor of Music in Plymouth, requesting that the City be recognized. City Attorney Thomson stated the City Council will adjourn to a closed meeting to discuss threatened litigation by BWBR. The meeting was adjourned to a closed session at 3:18 p.m. City Clerk CCR Reports Item 7-D Music in Plymouth MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 26,1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT WITHIN LOT 9, BLOCK 1, ZACHARY HILLS ADDITION ACTION REQUESTED: Deny the vacation of a portion of a drainage and utility easement within Lot 9, Block 1, Zachary Hills Addition. BACKGROUND: The City Council has established a Public Hearing for July 2, 1990 on the petition to vacate a portion of a drainage and utility easement within Lot 9, Block 1, Zachary Hills Addition. The vacation request is needed so that the homeowner may construct a three season porch. The easement to be vacated is 10 feet wide and runs parallel with and 9 feet behind the existing home. This easement area is a part of Pond SC-P17A, and at some time in the past, extensive fill material was placed on this lot, thereby reducing the overall storm water capacity of the pond. RECOMMENDATIONS AND CONCLUSIONS: Before this vacation request can be considered, I recommend that the storm water holding capacity of Pond SC- P17A be recalculated in order to ensure that adequate pond capacity does exist. After this information is received and it verifies there is adequate pond storage, we would then recommend approval of the vacation request. If the City Council desires to vacate the ponding easement without receiving the pond data, attached is a resolution which would be adopted. We do not recommend adopting this resolution until the necessary data is received. Daniel L. Faulkner, P. E. DLF:do attachments: Resolution Map 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 - AUTHORIZING THE VACATION OF CERTAIN UTILITY AND DRAINAGE EASEMENTS WITHIN LOT 9, BLOCK 1, ZACHARY HILLS ADDITION WHEREAS, a petition was received to vacate certain utility and drainage easements it Lot 9, Block 1, Zachary Hills Addition, and WHEREAS, a public hearing with respect to said vacation was scheduled for July 2, 199( in accordance with Minnesota Statutes 412.851 as amended; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of July 2, 1990, and WHEREAS, the Council did hold a public hearing on July 2, 1990 to inform any and all interested parties relevant to the vacation of a portion of a utility and drainagE easement in Lot 9, Block 1 in Zachary Hills Addition, and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following utility and drainage easements be vacated: That part of the northwesterly 10.00 feet of the southeasterly 100.00 feet of Lot 9, Block 1, Zachary Hills Addition according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, MN lying southwesterly of the northeasterly 6 feet and lying northeasterly of the southwesterly 6 feet thereof. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I XX7: x i MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 25, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: PUBLIC IMPROVEMENT HEARING: COUNTY ROAD 101/COUNTY ROAD 9 - TRUNK WATERMAIN CITY PROJECT NO. 012 ACTION REQUESTED: Adopt attached resolutions ordering improvement projects. BACKGROUND: The City Council has established a public improvement hearing for the above utility improvement project for July 2, 1990. Attached herewith is the information handout material for the public hearing. PRIMARY ISSUES AND ANALYSIS: Attached is a resolution for City Council consideration at the conclusion of the public hearing. This resolution orders the project and directs the consulting engineer to proceed with plans and specifications for construction of the utility improvement. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Handout Material 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: adoption: introduced the following Resolution and moved its RESOLUTION NO. 90 - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS COUNTY ROAD 101/COUNTY ROAD 9/TRUNK WATERMAIN CITY PROJECT NO. 012 WHEREAS, Resolution No. 90-350 of the City Council adopted the 4th day of June 1990 fixed a date for a public hearing with respect to the improvements to the Municipal Water System as part of the 1990 Capital Improvements Program; and WHEREAS, the proposed improvement includes the construction of 20 inch trunk watermain along County Road 101 from the new water tower south of Trunk Highway 55, northerly to the intersection of Peony Lane and County Road 9 and a 16 inch trunk watermain will to be extended easterly from Peony Lane along the north side of County Road 9 to existing watermain at Xene Lane and all necessary appurtenances; and WHEREAS, ten days mailed notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 2nd day of July, 1990 at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. Such improvement is hereby ordered as proposed in the Council resolution adopted June 4, 1990. 2. Rieke, Carroll, Muller Associates, Inc. is designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. 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. 7ACXX ** XXX AGENDA FOR PUBLIC HEARING COUNTY ROAD 101/COUNTY ROAD 9 - TRUNK WATERMAIN CITY PROJECT NO. 012 July 2, 1990 - 7:00 P.M. 1. Call to Order - Mayor Bergman presiding, 7:00 p.m. at the City Council Chambers. 2. Introduce Councilmembers, Staff and Consultant - Mayor Bergman. 3. Purpose of meeting - Kim Bergman, Mayor. a. The Council and staff, after careful consideration, have decided to consider the installation of improvements to the area listed above. b. Our citizens will have an opportunity to question these proposed improvements and express their views. 4. The meeting was carefully and thoroughly announced in three ways: a. Notices were published in the Weekly News as required by law. b. Written notice was mailed to each property owner in the improvement area as shown by the records of the Hennepin County Auditor's tax statement mailing list. C. Announcements and discussions at Council meetings. 5. The procedure for the hearing will be as follows: a. Write name and address on blue card. b. Pass card to person collecting them or give them to the Mayor. C. When your name is called, come up to the microphone. d. Please speak clearly into the microphone so that all may benefit from your remarks. e. No one may speak twice until all others who wish to have done so. Please give your name and address each time you soeak. 6. Description of project: a. Assessment policies and procedures - James G. Willis, City Manager. b. Project description and cost - Daniel L. Faulkner, City Engineer. 7. Open Hearing. 8. Close Hearing. 9. Determination of Council. PUBLIC HEARING INFORMATION SHEET im COUNTY ROAD 101/COUNTY ROAD 9 - TRUNK WATERMAIN CITY PROJECT NO. 012 July 2, 1990 - 7:00 p.m. I. GENERAL The public hearing will discuss the aspects of the proposed project together with the estimated costs thereof. This handout will help explain the costs related to the proposed construction. II. SCOPE The proposed project involves the northerly extension of a 20" trunk watermain line from the new elevated water storage tank which is located south of Highway 55 and east of County Road 101 to the intersection of County Road 9 then easterly along County Road 9 with a 16 inch trunk watermain to existing watermain at Xene Lane and County Road 9. Water services would be installed to service existing residences and businesses adjacent to the proposed trunk watermain alignment. III. COST ESTIMATE AND PROPOSED ASSESSMENTS Estimated Proiect Cost: Trunk Watermain $678,901 Proposed Assessment & Rates: Water area assessment rates: Residential Zones $1,580/Ac. Business and Industrial Zones $2,370/Ac. Water Lateral Rates: Residential Zones $22.50/F.F. Business and Industrial Zones $26.50/F.F. Total Proposed Assessments * $1,745,938 Includes benefiting properties from Project No. 906 between County Road 24 and the water tower. f N n sumnn Ou N In Anel N n AWU I N r I / i y W 7co W 2 W < 2 Z UJM d m in z Z Z y N N a ci I 1 g. 1 SENIOR CITIZENS AND DISABLED PEOPLE SPECIAL ASSESSMENT DEFERRALS If you are at least 62 years old or disabled, you may qualify to have special assessments deferred if they create a financial hardship for you. WHO IS ELIGIBLE? You are eligible if: For Senior Citizens The property is your homestead. As property owner you are at least 62 years old. You had a gross annual income of less than $14,800 for a one person household in the year before the assessment installments for local improvements are to be certified with the County. If more than one person lives in the household, the income limit is: 2 Persons $16,800 3 Persons $18,800 4 Persons 520,800 For Permanent and Total Disability You meet the criteria for senior citizens above except for age. You are retired due to a permanent and total disability which must include one of the following: Certified as legally blind in both eyes. Loss of both arms at the shoulder. Loss of both legs so close to the hips that no effective artificial limbs can be used. Complete and permanent paralysis. Total and permanent loss of mental facilities. Any other injury which prevents the owner from working and earning an income that exceeds the limit noted above. NOW TO APPLY Get an application for special assessment deferral at the Plymouth City Center, 3400 Plymouth Blvd., or by calling the Finance Department at 550-5102. Applications are due October 15 each year. After city staff has reviewed the initial application, applicants will be asked to submit supplementary documentation to establish and verify the following: That the owner -occupant is over 62 years old. That the property owner retired because of permanent and total disability. That paying the special assessment on the ordinary scneaule constitutes a hardship. WHAT KIND OF INTEREST IS CALCULATED ON DEFERRED SPECIAL ASSESSMENTS? Simple interest will accrue for the term of the assessment on any principal of the special assessment which is deferred. After the term of the assessment expires, no more interest will accrue. FOR MORE INFORMATION, CALL 550-5102 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator CharleE. iru d through Community Development Director Blair Treme SUBJECT: PRUDENTIAL INSURANCE COMPANY OF NORTH AMERICA. AMENDED MIXED PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR THE "NORTHWEST BUSINESS CAMPUS" LOCATED AT THE NORTHEAST QUADRANT OF STATE HIGHWAY 55 AND INTERSTATE 494 (89102) (MPUD 81-1) ACTION REQUESTED: Adopt the attached resolution providing for the approval of an amended Mixed Planned Unit Development Concept Plan to increase the acreage of the project and the total square footage to be constructed, consistent with the Planning Commission recommendation. BACKGROUND: At its meeting June 13, 1990, the Planning Commission, by a unanimous vote, acted to recommend approval of this proposal to amend the Concept Plan for the "Northwest Business Campus" to increase the area of the project by 1.5 acres (reflecting the acquisition of a former exception parcel) and to increase the overall square footage of the structures within the project by 175,000 square feet (approximately 10 percent). The Concept Plan redesign also involves the conversion of a portion of the planned structure space from industrial use to office warehouse, office show room, and all office. This amendment would impact the portion of the project yet to be constructed. Approximately one half of the project has been constructed to date. PRIMARY ISSUES AND ANALYSIS: The Planning Commission recommendation specifically includes a condition making the amended Concept Plan subject to the conditions of the current or any required supplemental Indirect Source Permits, and directs the applicant see next page) File 89102 Page Two to make application to the Minnesota Pollution Control Agency for determination of any amendments that may be necessary. The Planning Commission also recommends a finding that no new Environmental Assessment Worksheet is required. There was an Environmental Assessment Worksheet prepared with the original Concept Plan, and the Planning Commission finds that the magnitude of the changes in the area added do not result in significant environmental impacts beyond those contemplated by the original Environmental Assessment Worksheet. The petitioner has submitted data that substantiate this finding. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution providing for the approval of an amended Mixed Planned Unit Development Concept Plan for the Northwest Business Campus" as recommended by the Planning Commission. Attachments: 1. Resolution Approving Amended MPUD Concept Plan 2. Planning Commission Minutes of June 13, 1990 3. Engineer's Memorandum 4. Location Map 5. Proposed Concept Plan Graphics 6. Previously Approved Concept Plan Graphics cc/cd/89102: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 AMENDED MIXED USE PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR PRUDENTIAL INSURANCE COMPANY FOR "NORTHWEST BUSINESS CAMPUS" (89102) WHEREAS, Prudential Insurance Company has requested approval of an Amended Mixed Use Planned Unit Development Concept Plan for an increase in project acreage by 1.5 acres by incorporating Parcels 22-31-0005, 0009 and 0010; increasing developed structure area by 179,000 square feet and changing use from industrial to office on approximately 168 acres located at the northeast quadrant of State Highway 55 and Interstate 494; and, WHEREAS, the City Council, by Resolution No. MPUD 81-89, approved an MPUD Concept Plan for this site for Prudential Insurance Company; and, WHEREAS, the City Council, by Resolution MPUD 81-281, approved the Land Use Guide Plan Amendment, MPUD Preliminary Plan/Plat and Conditional Use Permit; and by Resolution 81-846, approved the Final Plat and Development Contract for the "Northwest Business Campus"; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Amended Mixed Use Planned Unit Development Concept Plan for the development of approximately 168 acres located at the northeast quadrant of State Highway 55 and Interstate 494, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. All public street right-of-way shall be dedicated. 4. Compliance with the applicable conditions of Resolutions 81-89 (MPUD Concept Plan), 81-281 (MPUD Preliminary Plan/Plat/Conditional Use Permit), 81-846/847 (MPUD Final Plat/Setting Conditions, and the Development Contract). see next page) Resolution No. File 89102 Page Two 5. The amended MPUD Concept Plan shall be subject to the conditions of the current or any required supplemental Indirect Source Permit (I.S.P.). The applicant shall apply to the Minnesota Pollution Control Agency for a determination of any amendments required to the current I.S.P. resulting from this MPUD Plan Amendment. 6. No Environmental Assessment Worksheet is required considering the small size of the addition and magnitude of the changes; the added area was not contemplated in the original plans; the area and development proposed do not require a mandatory Environmental Assessment Worksheet; and the Petitioner has submitted basic facts that substantiate the finding. 7. A revised MPUD Preliminary Plan for the entire MPUD reflecting all Council approved changes shall be submitted and placed on file per the Zoning Ordinance Planned Unit Development requirements. 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 PLANNING COMMISSION MINUTES JUNE 13, 1990 The Regular Meeting of the City of Plymouth Planning Commission was called to order at 7:00 p.m. MEMBERS PRESENT: Chairman Richard Plufka, Commissioners Hal Pierce (arrived at 7:10), Larry Marofsky, Michael Stulberg, Joy Tierney arrived at 8:15), John Wire, and Dennis Zylla. MEMBERS ABSENT: None. STAFF PRESENT: Coordinator Charles Dillerud, City Engineer Dan Faulkner, and Planning Secretary Jackie Watson. MINUTES T40h by Commissioner Stulberg, seconded by Commissioner Marofsky rove the May 23, 1990 minutes Vote. 5 Ayes, MOTION carri MOTION by Commissioner Stulberg, seconded by saVsinner Marofsky to approve the Consent Agenda. — Vote. 5 Ayes, MOTION carried. Chairman Plufka introduced the request of Prudential Insurance Company for an Amended MPUD Concept Plan for Northwest Business Campus" located at the Northeast corner of Highway 55 and I-494. Coordinator Dillerud reviewed the June 7, 1990 Staff Report. Chairman Plufka introduced Mr. Ron Pentz representing Prudential Property Company and Mr. Miles Lindberg of BRW, Inc., the engineer for the project. Mr. Pentz stated that he was in agreement with the June 7, 1990 Staff Report. He said that he wanted to emphasize that Item 6 of the Engineer's Memo had been discussed previously with staff regarding the street system and that the streets will be at the expense of Prudential, the State or the City depending on location. MOTION TO APPROVE VOTE - MOTION CARRIED MOTION TO APPROVE VOTE - MMi PRUDENTIAL CO. (89102) RIED INSURANCE Planning Commission Minutes June 13, 1990 Page 87 Mr. Lindberg stated that the Indirect Source Permit will be updated from the previous 1985 approval. He stated that a new traffic analysis was done which reconfirmed the past analysis. Mr. Lindberg said that the private street in Area C was proposed so that the natural resources could be preserved. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. John Dumez of 2510 Rosewood Lane. Mr. Dumez asked if a traffic signal would be placed at the intersection of Northwest Boulevard and Campus Drive. City Engineer Faulkner stated that a recent traffic count indicated that the intersection was close to warranting a traffic signal. Chairman Plufka closed the Public Hearing. Discussion continueded with regard to the various changes made to the MPUD Concept Plan from its inception in 1981 to the present proposed amendment. MOTION by Commissioner Wire, seconded by Commissioner Zylla to recommend approval of the Amended MPUD Concept Plan for Prudential Insurance Company for the "Northwest Business Campus" located at the Northeast corner of Highway 55 and I-494 subject to the conditions listed in the June 7, 1990 Staff Report. MOTION to amend by Commissioner Marofsky to remove Area E and Area F from the approval recommendation until a diagram showing the change in the square footage of the areas was available. Motion failed for lack of a second. Roll Call Vote. 6 Ayes. MOTION carried. Chairman Plufka introduced the request of Mutual Investment Company for an Amended Conditional Use Permit and Site Plan for Minn -Well Supply Company for enlarged outside storage located at 15400 28th Avenue Nortl-1--__ Chairman Plufka waived the revi a June 7, 1990 Staff Report. Chairma <a introduced Mr. Bill Reavley representing Mte'oetitioner. MOTION TO AMEND MOTION FAILED FOR LACK OF SECOND VOTE - MOTION CARRIED MUTUAL INVEST COMPA 3) CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: June 6, 1990 FILE NO.: 89102 PETITIONER: Mr. Ron Pentz, Prudential Property Company, 3030 Norwest Center, 90 South 7th Street, Minneapolis, MN 55402 CONCEPT PLAN: AMENDED CONCEPT PLAN FOR NORTHWEST BUSINESS CAMPUS AREA C AND D LOCATION: West of Campus Drive, north of Highway 55, east of 494 in the southwest 1/4 of Section 22. This memo was prepated in response to the request for conceptual approval for the above referenced project. Documents in support of the request were submitted by B.R.W. on May 4, 1990. 1) Our assessment records indicate that that portion of the Ed Hines property added to Area C has not been assessed for watermain area charges. 2) The City will require utility and drainage easements ten feet in width adjoining all streets and six feet in width adjoining the site and rear lot lines. 3) The City will require ten foot utility and drainage easements on each side of a public utility where these utilities are proposed to be installed. 4) A revised Preliminary Plat shall be submitted for Areas C and D to include: o Proposed Street Location o Watermain o Sanitary Sewer o Storm Sewer and Ponds o Preliminary Grading Plan 5) The preliminary drainage plan shall show how the pond in Area C proposed to be moved north will still function properly. 6) To provide an adequate street system for the revised General Development Plan: o Add a left turn lane on the southbound CR 61 approach to TH 55 o Add a left turn lane and right turn lane to the northbound CR 61 approach to TH 55 o Add a left turn lane to the eastbound TH 55 approach to CR 61 o Reconstruct the traffic signal at TH 55 and CR 61 to accommodate these roadway improvements. ENGINEERING MEMO - CONCEPT PLAN Page Two 7) The developer will be responsible for the construction of the necessary watermain, sanitary sewer, storm sewer, and streets to serve the site. 8) The City will require final plan and profile of proposed sanitary sewer, watermain, streets, and storm sewers, plus an erosion control plan in accordance with our Engineering Guidelines. 9) A storm water drainage map with runoff calculations and pipe capacity, along with pond calculations, shall be furnished to the City prior to final approval of the storm sewer system. 10) Drainage easements for ponding purposes shall be placed over all of the pond within Area C to the 100 year elevation. 11) This amended Concept Plan would require the vacation of Old Annapolis Lane and the existing ponding easement within Northwest Business Campus 7th Addition Outlot A. 12) The interior right-of-ways shall be 60 feet wide. 13) The southern drive from Area C to Annapolis Circle shall be removed due to the proximity to the curve. SUBMITTED BY: Daniel L. Faulkner, P.E. City Engineer 1: sc lo A 'HOTEVCONFERENCE CENTER A B - OFFICE C - OFFICE/OFFICE RESEARCH D - COMMERCIAL COMBIN[ATION E - OFFICE/BANK F - OFFICE ui (, - CFFI E WAREHOUSE/MANUFACTURING H OFFICE WAREHOUSE/MANUFACTURING OFFICE WAREHOUSE/MANUFACTURING Tm 7L.LNORTH 1 p s0 100 200 400 1, ®R --- y i711- ir j 1990 NORTHW PROPOSED BUSINESS GENERAL CAMPUS DEVELOPMENT PLAN CITY OF PLYMOUTH SRF1990 PROPOSED DEVELOPMENT PLAN Rv-Ka=e-F&um\ NORTHWEST BUSINESS CAMPUS TRAFFIC STUDY Prudential NOVEMBER 3,1989 4 w A/-'OFFICE/OFFICE RESE:R C' B - OFFICE C - HOTE-6-MOT-E-L OFFICE ii D - COMMERCIAL COMBINATION W7, - E - OFFICE/ OFFICE - BANK F - OFFICE G - SERVICE; -'-STATION K7 H INDUSTRIAL mot Nortkulest) cRusiness Campus PRUDENTIAL INSURANCE CO. V,,'4AMS KNI11".404 -N- GENERAL DEVELOPMENT PLAN 3-1-82 MM CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator ChaD6:j.illerud through Community Development Director Blair Tremere SUBJECT: MUTUAL INVESTMENT PROPERTIES. AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR ENLARGED OUTDOOR STORAGE AT "MINN-WELL SUPPLY COMPANY" LOCATED AT 15400 28TH AVENUE NORTH (90023) ACTION REQUESTED: Adopt the attached resolution providing for the approval of an amended Site Plan and Conditional Use Permit to permit the addition of 3,150 square feet of outdoor storage to the existing outdoor storage at this location, consistent with the recommendation of the Planning Commission. BACKGROUND: At its meeting June 13, 1990, the Planning Commission, on a vote of 5-1, acted to recommend approval of this proposal to enlarge an existing outdoor storage area by extending the existing screen fence 30 feet easterly and providing new paved surface. The enlarged storage area would be fenced in the same manner as the existing storage area is. The dissenting Commissioner indicated that he did not feel that the screening of the existing outdoor storage was adequate. He commented that to extend the storage area would be to compound what he viewed as an existing problem. Other Commissioners did not concur with this. see next page) File 90023 Page Two RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution providing for the approval of an amended Site Plan and Conditional Use Permit for "Minn -Well Supply Company" to enlarge the outdoor storage area, as recommended by the Planning Commission. Attachments: 1. Resolution Approving Amended 2. Planning Commission Minutes 3. Engineer's Memorandum 4. Location Map 5. Site Plan Graphics cc/cd/90023:dl) Site Plan and Conditional Use Permit of June 13, 1990 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 AMENDED CONDITIONAL USE PERMIT AND SITE PLAN FOR MUTUAL INVESTMENT PROPERTIES FOR ENLARGED OUTSIDE STORAGE AT "MINN-WELL SUPPLY COMPANY" (90023) WHEREAS, Mutual Investment Properties has requested approval for an Amended Conditional Use Permit and Site Plan for enlarged outside storage (3,150 square feet) at Minn -Well Supply Company for property located 15400 28th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Mutual Investment Properties has requested approval for an Amended Conditional Use Permit and Site Plan for enlarged outside storage at Minn -Well Supply Company for property located 15400 28th Avenue North subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 4. Compliance with the Ordinance regarding the location of fire lanes. 5. An 82 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. see next page) Resolution No. ~ File 90023 Page Two 6. Compliance with applicable conditions of Resolution 87-722 approving the initial Site Plan and Conditional Use Permit. 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. Planning Commission Minutes June 13, 1990 Page 87 Lindberg stated that the Indirect Source Permit will be pdated from the previous 1985 approval. He stated that new traffic analysis was done which reconfirmed the past a lysis. Mr. Lindberg said that the private street in Area was proposed so that the natural resources could be presery Chairman Plufk opened the Public Hearing. Chairman Plufka in oduced Mr. John Dumez of 2510 Rosewood Lane. Mr. Dumez asked if a tratKic signal would be placed at the intersection of Northwest RWlevard and Campus Drive. City Engineer Faulkner stated t t a recent traffic count indicated that the intersection w close to warranting a traffic signal. Chairman Plufka closed the Public HeariZtq. Discussion continueded with regard to the vious changes made to the MPUD Concept Plan from its incep 'on in 1981 to the present proposed amendment. MOTION by Commissioner Wire, seconded by Commis ioner Zylla to recommend approval of the Amended MPUD Con pt Plan for Prudential Insurance Company for the "Northwe Business Campus" located at the Northeast corner o Highway 55 and 1-494 subject to the conditions listed in the June 7, 1990 Staff Report. MOTION to amend by Commissioner Marofsky to remove Area E and Area F from the approval recommendation until a diagram showing the change in the square footage of the areas was available. Motion failed for lack of a second. Roll Call Vote. 6 Ayes. MOTION carried. Chairman Plufka introduced the request of Mutual Investment Company for an Amended Conditional Use Permit and Site Plan for Minn -Well Supply Company for enlarged outside storage located at 15400 28th Avenue North. Chairman Plufka waived the review of the June 7, 1990 Staff Report. Chairman Plufka introduced Mr. Bill Reavley representing the petitioner. MOT,LON TO AMEND MOTION FAILEUIT LACK OF SECOND VOTE - MOTION CARR MUTUAL INVESTMENT COMPANY (90023) Planning Commission Minutes June 13, 1990 Page 88 Mr. Reavley stated that he was in agreement with the June 7, 1990 Staff Report. Commissioner Marofsky stated that the pipe stored at the rear of the property was visible above the fence. Mr. Reavley stated that this is not a normal condition and that the increase in storage area size would greatly reduce the height of the stacked pipe. Commissioner Marofsky stated that even though the storage of materials is below the fence top it is still visible from 28th Avenue North, and unless a higher fence and lower stacks were maintained they would be visible. He said that the Ordinance requires that all storage areas must be screened. Coordinator Dillerud stated that because the area slopes from south to north it will continue to be somewhat visible from 28th Street. Chairman Plufka opened the Public Hearing. Chairman Plufka closed the Public Hearing as there was no one in attendance to speak on the issue. MOTION by Commissioner Stulberg, seconded by Commissioner Pierce to recommend approval of the petition by Mutual Investment Company for an Amended Conditional Use Permit and Site Plan for Minn -Well Supply Company for enlarged outside storage located at 15400 28th Avenue North subject to the Conditions listed in the June 7, 1990 Staff Report. Roll Call Vote. 5 Ayes, Commissioner Marofsky, Nay. MOTION carried on a 5-1 vote. Commissioner Marofsky stated that he voted Nay because the site does not meet screening requirements from the street and adjacent property, and there is no assurance that it will be screened in the future. Commissioner Stulberg stated that the petition is a Conditional Use Permit which will be reviewed annually for compliance with the Ordinance. Chairman Plufka introduced the request of Robert Larsen Partners for a Preliminary Plat, General Development Plan and Variance to allow more than one principal struc a lot located at the southeast quadrant o ay 55 and Cottonwood Lane. Coordinato erud reviewed the "June 1, 1990 Staff MOTION TO APPROVE VOTE - MOTION CARRIED ROBERT TNERS City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 6, 1990 FILE NO.: 90023 PETITIONER: Mr. Tim O'Conner, Mutual Investment Properties, 15400 -28th Avenue North, Suite 2, Plymouth, MN 55447 SITE PLAN: PALLETIZED PIPE STORAGE AREA - MUTUAL INVESTMENT COMPANY LOCATION: North of 28th Avenue, east of Vicksburg Lane in the southwest 1/4 of Section 21. 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. 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 Site Plan approval: These are in addition to the assessments shown in No. 1 and No. 2. 4. Area assessments estimated - None. 5. Other additional assessments estimated: None. LEGAL/EASEMENTS/PERMITS: N/A Yes No 6. _ X _ Property is one parcel - The approval of the site plan as proposed requires that a lot consolidation be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 7. X _ Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 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 requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. N/A Yes No 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. XX The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- UTILITIES AND TRAFFIC: N/A Yes No 12. _ _ XX All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR MN DOT Hennepin County MPCA State Health Department XX Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The developer must comply with the conditions within any permit. 13. _ _ X Complies with Storm Drainage Plan - The site plan will be 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: An additional catchbasin shall be constructed over the existing storm sewer pipe that crosses through therrooposed Palletized pipe storage area to accent the storm water from the storage area. N/A Yes No 14. XX Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. XX Size and type of material proposed in utility systems has been provided The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. XX _ Post indicator valve - fire department connection It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- N/A Yes No 14 17. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. 18. X Sanitary sewer clean -outs provided - It will be necessary to provide clean -outs on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 19. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and N/A Yes No 20. X _ All existing street right-of-ways are required width - Additional right-of-way will be required on 21. X _ _ Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- 0 - NI A Yes No 22. _ _ X Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. B-612 concrete curb will be required around the pelletized storage area to control drainage. 23. X _ Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 1006 crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 24. X It will be necessary to contact Bob Fasching, the City's 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's right-of-way. All connections to the water system shall be via wet tap. 25. _ X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer As-Builts for the site prior to occupancy permits being granted. 26. X The site plan complies with the City of Plymouth's current Engineering Standards Manual. Note Items 12. 13, 22, 26, 27A, 27B. 27C. and 27D. 5- SPECIAL CONDITIONS REOUIRED: 14 27. A. A detail of the catchbasin structure shall be noted on the Site Plan. B. The B-612 curb and gutter detail shall be shown on the Site Plan. C. The Site Plan shall note at a minimum spot elevations for the proposed palletized storage area. D. No encroachment into the ponding easement area will be allowed. It appears that a retaining wall will be necessary to avoid the necessary ponding area. Submitted by: Daniel L. Faulkner, P. E. City Engineer IMS\ 1(l i I\- s I f Norte :.. 570. D , 777 7 y fC1 D F#te. filar L r.,x n OLA ON WkIt, r V PRQ PHASE iL r ft mai`i.,f ... T; k c ., F t t `^' 7i4FQ/ ad ' : "31 if 1 a t a .x: - I "".k i. E.• ra. y., t •n "''.. tint. .... , .?, a , } +' " L i. .. • t,z <, J } , . _ y ..` a+•: _ t;' ' .+ a tt't. -, a• ,. m t _ a» . t "'?`: yp aS a __' J p " j>yj- _ i '_; ` t ' ., .. r. ja`. z • i. +TK'i' , tyw, t, ,.,..as,F1 aa, i+ '^• ° .,T .' \ `"""' y t[r+w : •31' >+-r+ t- a = a It .s f _ _ ... na 3 r {LE.r.t x C T` ate t ` C Q 11 Y1 , 5a' ,.+c,. y ' sy ; rr c 2 + ,.< r Y • k't .,.t-' . JO q - w ECtfON y f }•^' elm y l `Y r1l• CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charls illerud through Community Development Director Blair Trem SUBJECT: ROBERT LARSEN PARTNERS. PRELIMINARY PLAT/GENERAL DEVELOPMENT PLAN AND VARIANCE FOR THE EXISTING PLYMOUTH SHOPPING CENTER IN THE SOUTHEAST QUADRANT OF HIGHWAY 55 AND COTTONWOOD LANE (90024) ACTION REQUESTED: Adopt the attached resolution providing for the approval of a Preliminary Plat and General Development Plan, including a variance to permit two structures on a single parcel, as recommended by the Planning Commission. BACKGROUND: At its meeting June 13, 1990, the Planning Commission, on a vote of 5-1, acted to recommend approval of this Preliminary Plat, General Development Plan, and variance for the redevelopment and expansion of the existing Plymouth shopping center on the existing site of 18.7 acres. The General Development Plan proposes an addition to the existing shopping center structure of 8,127 square feet (to the existing 33,440 square feet) and 27,010 square feet of new construction in three structures. The variance is to permit the location of a second structure on the proposed lot which would contain the existing shopping center structure. The purpose for the variance is the existence of a sanitary sewer that would be covered by any addition on the east end of the existing shopping center. The dissenting Commissioner indicated his vote was based on the proposed alignment of County Road 73 that would result from the Preliminary Plat proposed. He indicated that the intersection of the proposed South Service Road to Highway 55 with the proposed realignment of County Road 73 should be closer to existing Highway 55 to avoid conflicts with grades, existing structures, and wetland areas. see next page) File 90024 . Page Two PRIMARY ISSUES AND ANALYSIS: The design of this site has been the subject of prior applications over the past three years. There has been substantial public discussions on the subject of the road alignments as they relate to the Plymouth Transportation Plan. Amendments were made to the Transportation Plan (Thoroughfare Section) late in 1989 as a function of the overall updated Plymouth Transportation Plan effort by the City Council. These modifications were recommended by the Engineering Consultants based on their review of traffic movement needs in this area and the physical constraints that would influence the location of the corridors to accommodate these traffic needs. The Preliminary Plat and General Development Plan proposed is responsive to the amended Thoroughfare Guide Plan for this area of the Community, as amended in 1989. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution providing for the approval of a Preliminary Plan/General Development Plan and Zoning Ordinance variance for the "Plymouth Shopping Center", as recommended by the Planning Commission. Attachments: 1. Resolution Approving Preliminary Plat/General Development Plan and Zoning Variances 2. Planning Commission Minutes of June 13, 1990 3. Engineer's Memorandum 4. Location Map 5. Site Graphics 6. Thoroughfare Guide Plan Graphic cc/cd/90024: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: introduced the following Resolution and moved its adoption: RESOLUTION 90 - APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR ROBERT LARSEN PARTNERS FOR "PLAZA 55 SHOPPING CENTER" (90024) WHEREAS, Robert Larsen Partners has requested approval for a Preliminary Plat and General Development Plan for Plaza 55 Shopping Center, a plat for 2 lots and 1 outlot on 18.7 acres and a General Development Plan for an 8,127 square foot addition to the existing 33,440 square foot shopping center and 27,010 square feet of new construction in three structures located at the southeast quadrant of Highway 55 and Cottonwood Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request by Robert Larsen Partners for a Preliminary Plat and General Development Plan for Plaza 55 Shopping Center for a plat for 2 lots and 1 outlot on 18.7 acres and a General Development Plan for an 8,127 square foot addition to the existing 33,440 square foot shopping center and 27,010 square feet of new construction in three structures located at the southeast quadrant of Highway 55 and Cottonwood Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. Payment of park dedication fees -in -lieu of dedication prior to permit issuance in accordance with the Dedication Policy in effect at the time of building permit issuance. 4. 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. 5. No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. see next page) if Resolutions No. File 90024 Page Two 6. Incorporation of tree protection provisions in the Final Plat and Development Contract approval. 7. Final Plat design documents shall demonstrate measures to minimize wetland encroachment related to construction of the Highway 55 South Service Drive intersection with County Road 73. 8. The Final Plat and Site Plan(s) shall demonstrate elimination of all encroachment on State or Federal wetlands not related to public street construction consistent with #7 above. 9. The initial Site Plan shall' demonstrate efforts to retain existing forestry resources on site including compliance with City Council Resolution 89-439 regarding preservation of trees. 10. Property owners within 500 feet shall be notified of Site Plan applications for new buildings that are scheduled to be considered by the Planning Commission with current mailing lists and labels provided by the developer 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. Planning Commission Minutes June 13, 1990 Page 88 11- Reavley stated that he was in agreement with the June 1,\ ofe Report. CMarofsky stated that the pipe stored at the rroperty was visible above the fence. Mated thatthis is not a normal condition and tcr se in storage area size would greatly reigh of the stacked pipe. Commissioner Marofsk tated that even though the storage of materials is below\ requi top it is still visible from 28th Avenue Nortess a higher fence and lower stacks were maiy would be visible. He said that the Ordinanthat all storage areas must be screened. Coordinator Dillerud stated that b ause the area slopes from south to north it will cont i a to be somewhat visible from 28th Street. Chairman Plufka opened the Public Hearing. Chairman Plufka closed the Public Hearing as theme was no one in attendance to speak on the issue. MOTION by Commissioner Stulberg, seconded by Commissi er Pierce to recommend approval of the petition by Mutu Investment Company for an Amended Conditional Use Permit and Site Plan for Minn -Well Supply Company for enlarged outside storage located at 15400 28th Avenue North subject to the Conditions listed in the June 7, 1990 Staff Report. Roll Call Vote. 5 Ayes, Commissioner Marofsky, Nay. MOTION carried on a 5-1 vote. Commissioner Marofsky stated that he voted Nay because the site does not meet screening requirements from the street and adjacent property, and there is no assurance that it will be screened in the future. Commissioner Stulberg stated that the petition is a Conditional Use Permit which will be reviewed annually for compliance with the Ordinance. Chairman Plufka introduced the request of Robert Larsen Partners for a Preliminary Plat, General Development Plan and Variance to allow more than one principal structure on a lot located at the southeast quadrant of Highway 55 and Cottonwood Lane. Coordinator Dillerud reviewed the `June 1, 1990 Staff Report. MOTION TO APPROVE VOTENk MOTION CARRIED ROBERT LARSEN PARTNERS 90024) Planning Commission Minutes June 13, 1990 Page 89 Chairman Plufka introduced Mr. Kelly Doran representing the petitioner. Mr. Doran stated that he was in agreement with the June 1, 1990 Staff Report. He said that there is currently no storm water retention on the property; he is willing to discuss the cul-de-sac at Cottonwood Lane; the developer will not fill the wetland area; and, they will try to change the slope on the southeast corner of the property. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Gary Brown and Ms. Denise Gilmore jointly of 11410 5th Avenue North. Ms. Gilmore and Mr. Brown stated that their concerns were for the loss of wildlife and trees. They stated a natural noise barrier was created by the existing trees. Chairman Plufka introduced Mr. Bruce Forsman of 515 Cottonwood Lane North. Mr. Forsman stated he did not see the need for a larger shopping center, and was concerned that the change in County Road 73 would cause more runoff into the wetlands, and be damaging. Chairman Plufka introduced Ms. Peggy Murphy of 309 North Zachary Lane. Ms. Murphy stated that the new County Road 73 and the proposed building would destroy the wildlife area and that there was no need for additional commercial property in the area. Commissioner Marofsky left the table at 8:40 p.m. Chairman Plufka introduce Mr. Harvey Schiebe of 1215 Goldenrod Lane. Mr. Schiebe stated that he was against the closing of West Medicine Lake Road and that it should be kept open to the south only. He also said that he felt most of the trees on the south edge of the property were worthless and that replacement with evergreens would enhance the area. Chairman Plufka introduced Mr. Bruce Thompson of 11018 Old County Road 15. Mr. Thompson stated that he felt this proposal was forcing the County Road 73 development and that the expense of this road was an expense imposed on taxpayers for private interest. He said that the frontage road will encroach on the wetland area and the storm water storage area is now Planning Commission Minutes June 13, 1990 Page 90 overflowing. He questioned how shopping center traffic will be handled until County Road 73 is complete. Chairman Plufka explained that the construction of County Road 73 is part of the Thoroughfare Guide Plan adopted by the City and was not driven by private interests. Chairman Plufka introduced Mrs. Marilyn Thompson of 11018 Old County Road 15. Mrs. Thompson stated that a letter received for the Corps of Engineers in January show a building design which differs from the current plan. She said she was concerned about some dirt that was piled on the southern edge of the site. Mr. Doran explained that a new application would be submitted that would depict the design of the proposed building. Chairman Plufka introduced Ms. Marion Bauer of 11010 County Road 15. Ms. Bauer stated that she was concerned about the dirt piled on the site. She also said that she had lived in the area for 43 years and was in favor of the shopping center because it was convenient, and within walking distance. Chairman Plufka introduced Mr. Bob Courtney of 800 Cottonwood Lane. Mr. Courtney stated that he would prefer the west side of the site be buffered by a privacy fence. Chairman Plufka reintroduced Mr. Bruce Thompson. Mr. Thompson stated he would like to know the staging plans for the development. Mr. Doran stated that all development would be done at one time with the exception of the building along County Road 73. This building will depend on the completion of County Road 73. Mr. Doran also stated that the developer was not unhappy with the current road structure and did not ask for the development of County Road 73. Chairman Plufka closed the Public Hearing. Commissioner Wire asked if the developer had a map of the Corps of Engineers wetland that was defined by types of vegetation. He asked what type of fence would be used for the holding pond area. Planning Commission Minutes June 13, 1990 Page 91 Mr. Doran stated that the definition of the wetland area would be determined with the submission of the Site Plan. He said that the Ordinance was clear as to type of screening required for the area and that the developer would abide by the requirements. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Pierce to recommend approval of the petition by Robert Larsen Partners for a Preliminary Plat, General Development Plan and Variance to allow more than one principal structure on a lot located at the southeast quadrant of Highway 55 and Cottonwood Lane subject to the conditions listed in the June 1, 1990 Staff Report. MOTION to amend by Commissioner Wire, seconded by MOTION TO AMEND Commissioner Pierce to add a condition stating that the alignment of County Road 73 be altered to the northeast so that there would be no impact on the wetlands and so that the intersection would be closer to the existing intersection of County Road 73 and State Highway 55. Commissioner Pierce stated that the current plan for County Road 73 may not be the best place for the roadway or the service drive. Commissioner Zylla stated that he felt conditions No. 7 and 8 covered the amendment proposed by Commissioner Wire. Roll Call Vote. 2 Ayes. Commissioners Zylla, Tierney, VOTE - MOTION FAILED Stulberg and Chairman Plufka, Nay. MOTION to amend failed on a vote of 2-4. MOTION to amend by Commissioner Stulberg that a cul-de-sac MOTION TO AMEND be constructed by the petitioner on the extension of Cottonwood Lane. MOTION failed for lack of a second. MOTION FAILED FOR LACK OF A SECOND MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE Pierce that residents within 300 feet of the development and those present this evening be notified when the Site Plan request comes before the Planning Commission. Roll Call Vote. 6 Ayes. MOTION carried. MOTION to amend by Chairman Plufka, seconded by MOTION TO AMEND Commissioner Wire that the motion to notify neighbors when the Site Plan comes before the Planning Commission be changed to include property owners within 500 feet. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Planning Commission Minutes June 13, 1990 Page 92 Roll Call Vote on Main Motion. 5 Ayes. Commissioner VOTE - MOTION CARRIED Wire, Nay. MOTION carried on a vote of 5-1. Commissioner Wire stated that his Nay vote was because of his objection to the alignment of County Road 73 and was not intended to be a disapproval of the petition. Chairman Plufka called a recess at 9:25 p.m. Chairman Plufka reconvened the meeting at 9:32 p.m. Chairman Plufka introduced the request of Hans Hagen HANS HAGEN HO S/ Hames/Westar-Rome Partners for a Conditional Use Permit to WESTAR-ROME ARTNERS undertake land reclamation activities in the FRD Zone (90036) located at the southwest quadrant of Medina Road and County Road 24. Coordinator Dillerud reviewed the June 7, 1990 Staff Report. Commissioner Stulberg stepped down from the table. Chairman Plufka introduced Mr. Richard Bloom representin the petitioners. Mr. Bloom stated that he was in agreement with the J e 7, 1990 Staff Report. He said most of the fill w ld be placed on the southern site and that some roug grading would be done to the new County Road 24 c ridor, if approved. Chairman Plufka opened the Public Hearing Chairman Plufka introduced Mr. Mich Halbach of 3185 Kimberly Lane. Mr. Halbach stated his concern were whether the fill could be seen from the road an whether the dust would be controlled. Mr. Bloom stated that t valley area would be filled first, the fill woul be seeded immediately after stockpiling. The fil would be removed in 1-2 months. Chairman Plufka in oduced Mr. Steve Leuer of 17435 Medina Road. Mr. Leuer st ed that his concern was the road access to the site. Mr. Blo stated that the County has directed that access to th site be only from Medina Road and not from County Roa 24. airman Plufka closed the Public Hearing. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 6, 1990 FILE NO.: 90024 PETITIONER: Mr. Kelly Doran, Robert Larson Partners, 732 Avenue South, #281, Minneapolis, MN 55402 PRELIMINARY PLAT: PLAZA 55 LOCATION: South of State Highway 55, east of Cottonwood Lane in the northeast 1/4 of Section 35 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. 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. These are in addition to the assessments shown in No. 1 and No. 2. 4. Area assessments: None. 5. Other additional assessments estimated: The developer will be responsible for one-half the cost of constructing the new frontage road abutting their property. LEGAL/EASEMENTS/PERMITS: N/A Yes No 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 plat and final construction plans. A 20 foot drainage and utility easement shall be provided over the existing sanitary sewer, and for the proposed storm sewer from Pond BC -P32 to Highway 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. Drainage easement for ponding purposes shall be provided for Pond BC -P32 to an elevation of 895.30. and for 9. X All existing unnecessary easements and rights-of-way have been vacated It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. A portion of the old frontage road W 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR X MnDOT X Hennepin County MPCA State Health Department X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Other The developer must comply 2with the conditions within any permit. TRANSPORTATION: 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 and 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on As shown on the Preliminary Plan, N/A Yes No 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 _ Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. X Per developer's request a preliminary report and plan 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. The developer shall petition the City to construct the frontage road and County Road 73 and waive their rights to an assessment hearing for the project that will be assessed in the future. 19. _ _ X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. The minimum basement elevations for the building adjacent to Pond BC P32 shall be 897.30 and two feet above the 100 year high water elevation for the pond purposed to be constructed south of the existing building. N/A Yes No 20. _ X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 - PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tan. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comply with all agency permits. 24. A. Until the new frontage road and County Road 73 are constructed, the existing access to Highway 55 will remain open to traffic with the following conditions: o Existing driveway access opposite West Medicine Lake Drive to the frontage road shall be closed. o Existing right in/right out access point east of West Medicine Lake Drive from the frontage road to Highway 55 shall be closed. o Temporary accesses may be provided at the west side of the property from the existing frontage road and from proposed Lot 2 to the existing frontage road via a temporary paved drive. B. Before any occupancy of the proposed building the frontage road shall be reconstructed from Cottonwood Lane to the west line of Lot 2. C. All slopes greater than 3 to 1 along proposed County Road 73 shall be either engineered slopes or retaining walls. D. Storm sewer calculations, along with pond calculations, shall be submitted with the final grading plan. E. Profile sheets shall be provided for the intersection of the new frontage road and Cottonwood Lane along with the construction details of retaining walls if necessary. The maximum grade for a local street is 7% with a 3% maximum intersection grade to provide a "landing." 5 - F. Comments on the site utilities and paving will be made when a Site Pian application is submitted. Submitted by: `ele Daniel L. Faulkner, P.E. City Engineer 6 .! •1 I I I 631,L%, C, 14, 'Fm Iq A !!L Sl MMMMI F ro LA. V \ \ 22' res wn6199fI2 ..+., ,.., ,„ew . n f AM is of i 63g £ :'s F• ; g:szi .ss € e £= x `:£ .£:ell r$re;i:Eh. Ybii?sF °=Sail°±¢!'s Fj:"sss*'S=ltla6dgjFf;? ga. t:gzg9cY= 's g:,' g9} iYj>r€Eiz'si"E° ssi''cs':4x ggg°$gg$8o888$8`q'A8$88e$88i"•$r£££i$F8 8 g$S$8$888zIg4$8$$g4£fr2$$?£££8£86$88 £$088 $$$£8= I SRFShprat—F.wch, la. u,.se.. u, I THOROUGHFARE GUIDE PLAN rp City of Plymouth, Minnesota FUNCTIONAL CLASSIFICATION NOTICE TO USERS RYCApd Arterials Mayr Collectors 1. The Cly Council may authorize amendments to this Pian/map. A Intermedate Arterials Minor Cosectors record of amendments is maintained W the Community Minor Arterials O Exs%ig Interchanges Deveapment Department. Planned Interchanges 2. Refer to Comprehensive Plan for exploinotion of thoroughfare guide plan. I SRFShprat—F.wch, la. u,.se.. u, I MEMO * 0 ID CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charl cdE ill rud through Community Development Director Blair Tremere — SUBJECT: MEYER/GONYEA LAND DEVELOPMENT COMPANY. DIVISION/CONSOLIDATION OF PLATTED PROPERTY, AND AMENDED GENERAL DEVELOPMENT PLAN LOCATED AT THE SOUTH SIDE OF 45TH AVENUE NORTH BETWEEN NATHAN LANE AND STATE HIGHWAY 169 WEST SERVICE DRIVE (90032) ACTION REQUESTED: Adopt the attached resolutions providing for the Division/Consolidation of Platted Property and amended General Development Plan; approval of a division/consolidation; and, the Setting of Conditions Prior to Recording of the Resolution, as recommended by the Planning Commission. BACKGROUND: At its meeting June 13, 1990 the Planning Commission, by unanimous vote, acted to recommend approval of this proposal to divide property lines involving three lots of the "Meyer/Gonyea Addition". PRIMARY ISSUES AND ANALYSIS: Two basic property line adjustments are proposed: one would move the property line between Lots 1 and 2, 44 feet westerly; and the second would move the property line separating Lots 2 and 3, 100 feet northerly. The change in the General Development substitutes a future 33,650 square foot post office facility for a proposed office building of 76,000 square feet, and reduces the square footage of another proposed office building on the reconfigured Lot 1 from 83,000 square feet to 75,300 square feet to better match the reduced size of the parcel. see next page) File 90032 Page Two RECOMMENDATIONS AND CONCLUSIONS: I I hereby recommend adoption of the attached resolutions providing for the approval of a Lot Consolidation/Division and Setting Conditions Prior to Recording, as recommended by the Planning Commission. Attachments: 1. Resolution Approving Lot Division/Consolidation 2. Resolution Setting Conditions Prior to Recording of the Consolidation/ Division Resolution 3. Resolution Approving Amended General Development Plan 4. Planning Commission Minutes of June 13, 1990 5. Engineer's Memo 6. Location Map 7. Site Graphics cc/cd/90032:dl) IML IF CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - APPROVING LOT DIVISION/CONSOLICATION AND AMENDED GENERAL DEVELOPMENT PLAN FOR MEYER/GONYEA LAND DEVELOPMENT COMPANY (90032) WHEREAS, Meyer/Gonyea Land Development Company has requested approval for a lot division/consolidation and amended General Development Plan for the modification of property lines located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division/consolidation and amended General Development Plan for property located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; EXISTING LEGAL DESCRIPTIONS Lot 1, Block 1, Meyer Gonyea Addition Lot 2, Block 1, Meyer Gonyea Addition Lot 3, Block 1, Meyer Gonyea Addition To be divided and consolidated as follows: PARCEL A The north 494.72 feet of the east 44.00 feet of Lot 1, Block 1 and north 494.72 feet of Lot 2, Block 1, MEYER GONYEA ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. PARM R That part of Lots 1 and 3, Block 1, MEYER GONYEA ADDITION lying west of a line drawn parallel with an distant 44.00 feet west of the west line of Lot 2, said Block 1 and its southerly extension and lying north of the north line of Lot 5 said Block 1 and its easterly extension, according to the plat thereof on file and of record in the office of the County Recorder in an for Hennepin County, Minnesota. see next page) jpw P6 File 90032 Page Two PARM C The part of Lot 2 and the west 44.00 feet of Lot 1 lying south of the north 494.72 feet thereof and Lot 3 except that part thereof lying westerly of a line drawn parallel with and distant 44.00 feet west of the west line of said Lot 2 and its southerly extension and lying north of the easterly extension of the north line of Lot 5. All in Block 1, MEYER GONYEA ADDITION, according to the plat thereof on file and of record in the office of the County Recorder in an for Hennepin County, Minnesota. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division/consolidation is approved by Hennepin County. The 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. H CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO LOT DIVISION/CONSOLIDATION FOR MEYER/GONYEA LAND DEVELOPMENT COMPANY (90032) WHEREAS, the City Council has approved a Lot Division/Consolidation for Meyer/Gonyea Land Development Company amending property lines of lots 1, 2 and 3 located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division/consolidation: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback variances are granted or implied. 3. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 4. Payment of park dedication fees -in -lieu of dedication prior to issuance of building permit in accordance with City Policy in effect at the time of building permit issuance. 5. No building permits shall be issued until the resolution approving the division/consolidation is filed with Hennepin County. 6. Submittal of all necessary utility easements and relocation of easements as required by the City Engineer prior to filing of the division/consolidation with Hennepin County. 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. F1-3 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 AMENDED DEVELOPMENT PLAN FOR MEYER/GONYEA LAND DEVELOPMENT COMPANY 90032) WHEREAS, Meyer/Gonyea Land Development Company has requested approval for an Amended General Development Plan for lots 1, 2 and 3, Meyer/Gonyea Addition located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the request by Meyer/Gonyea Land Development Company for an Amended General Development Plan for property located at the south side of 45th Avenue North between Nathan Lane and the State Highway 169 west service drive; 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time issuance of guilding permits. 3. 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. 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. Planning Commission Minutes June 13, 1990 Aw, Page 94 Edgerton stated that it depends on the lot elevation. He id that Table 13 on page 53 identified the low pressu areas of the City. Chairman Plu opened the Public Hearing. Chairman Plufka clo d the Public Hearing as there was no one present to speak o the issue. MOTION by Chairman Plufka, seconded by Commissioner Stulberg to recommend approval the Comprehensive Plan Water System Element. Roll Call Vote. 6 Ayes. MOTION carried. Chairman Plufka opened the Public Hearing for endments to the Zoning Ordinance regarding Flood Plain Regu ions, Residential Facilities, Shoreland Private Recrea ' n Facilities, Planned Unit Development Attributes, Privat Streets, and Temporary Real Estate and Other Signs. MOTION by Commissioner Stulberg, seconded by Commissioner Pierce to continue the Public Hearing until the June 26, 1990 Planning Commission meeting. Roll Call Vote. 6 Ayes. MOTION carried. MOTION TO APPROVE VOTE - MOTION CARRIED TO CONTINUE VOTE - MOTION CARJ ED Meyer/Gonyea Land Development Company, Division/ Consoli- MEYER/GONYEA LAND dation of Platted Property and Amended General Development DEVELOPMENT COMPANY Plan located at the south side of 45th Avenue North (90032) between Nathan Lane and the State Highway 169 West Service Drive. Vote. 5 Ayes. MOTION carried. Van Eeckhout Builders, Division of Platted Property and Zoning Variance for lot width at 255 and 257 Berkshire Lane. Vote. 5 Ayes. MOTION carried. Olfisco, Inc., Variance for Side Yard Setback at 15 Xenium Lane North (A-261). Vote. 5 Ayes. MOTION carried. Chairman Plufka introduced t equest by Goff Homes for a Site Plan Amendment an olicy Resolution Variance for Fernbrook Manor" te delete the use of B612 curb and gutter located st of Fernbrook Lane at 44th Place North. Chair Plufka introduced Mr. Pat Goff representing the itioner. VOTE - MOTION CARRIED VAN EECKHOUT BUI 90033) / E - MOTION CARRIED OLFISCO, INC. (A-261) VOTE - MOTION CARRIED GOFF HOMES (90045) r City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 6, 1990 FILE NO.: 90032 PETITIONER: Michael J. Gair, McCombs -Frank -Roos Associates, Inc., 15050 -23rd Avenue North, Plymouth, MN 55447 LOT DIVISION/CONSOLIDATION:LOTS 1, 2, AND 3, BLOCK 1 MEYER GONYEA ADDITION LOCATION: South of 45th Avenue, west of Highway 169, east of Nathan Lane in the northeastern 1/4 of Section 13. N/A Yes No 1. _ X _ Watermain area assessments have been levied based on proposed use. 2. _ X _ Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: 4. Area assessments: None. 5. Other additional assessments estimated: None. 6. _ _ X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 6 foot drainage and utility easements will be required alone the new property lines. 40 N/A Yes No 7. X _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. 8. _ _ X Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: A minimum basement elevation for Parcel B shall be 902.0 and 897.0 for Parcel C. 9. X _ All standard utility easements required for construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. Existing drainage and utility easement over the south WX 2«01"1uv VK•3W9147=4V-V I I P M-2-9 IM II elp •aaaY with a —•- -easement provided in order t• vacate this easement, X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. _ X All existing street rights-of-way are required width - Additional right-of-way will be required on 13. A. When Parcel A and B are developed, the drainage will have to be to the south since there is no storm sewer to the north to handle the drainage. 2 B. A drainage and utility easement will be required over Parcel C for the required storm sewer from Parcel A. C. The general development plan shows encroachment of parking lots from Parcel B and C into Pond NB -P5. This pond was constructed to store the required amount of storm water. No filling will be permitted below an elevation of 895.0. D. County Road 18 shall be changed to State Highway 169. Submitted by: Daniel L. Faulkner, P. E. City Engineer 3 n IQ oil is 4.1i tzt ry 'YI 0111 IIrSiH .w woe) ...:_.. . r ............. t d - My 1 Opp N r w we _ y 1 Soo iq 0.10 I aM. MA7 i 1 1 w 1 • 4 ApP2ovcu i F ever go nyea SIR'-'• '+=aa.Fsa•i ." 1 r.•. Poo n .,d u. -.wiww a yr ad dn. 4 MEMO — c CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charle E. lerud through Community Development Director Blair Tremer SUBJECT: VAN EECKHOUT BUILDERS. DIVISION OF PLATTED PROPERTY AND ZONING ORDINANCE VARIANCE AT 255/257 BERKSHIRE LANE (90033) ACTION REQUESTED: Adopt the attached resolutions providing for the division of platted property; setting conditions prior to recording; and a Zoning Ordinance variance to allow the sale of individual units of a duplex structure, as recommended by the Planning Commission. BACKGROUND: At its meeting June 13, 1990, the Planning Commission, on a unanimous vote, acted to recommend approval of this proposal to divide an existing platted parcel containing a duplex structure into two separate parcels, each containing half of the duplex structure. The resulting lot sizes (9,429 square feet and 9,871 square feet) meet or exceed the Zoning Ordinance standard for duplex lots, per unit, in the R-2 Zoning District in which this site is located. The Zoning Ordinance variance is to permit the width of one of these lots at the front setback to be 48 feet versus the Ordinance standard of 50 feet. The other lot is 52 feet in width at the front setback line. see next page) File 90033 Page Two RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolutions providing for the division of platted property and the setting conditions with a Zoning Ordinance variance for property located at 255/257 Berkshire Lane, as recommended by the Planning Commission. Attachments: 1. Resolution for the Division of Platted Property 2. Resolution Setting Conditions Prior to Recording and Approving a Zoning Ordinance Variance 3. Planning Commission Minutes of June 13, 1990 4. Engineer's Memorandum 5. Location Map 6. Site Graphics cc/cd/90033: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: introduced the following Resolution and moved its adoption: RESOLUTION 90 - APPROVING LOT DIVISION FOR VAN EECKHOUT BUILDERS (90033) WHEREAS, Van Eeckhout Builders has requested approval for a lot division and Zoning Ordinance Variances for the modification of property lines located at 255 and 257 Berkshire Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the lot division and Zoning Ordinance Variances for Van Eeckhout Builders for property located at 255 and 257 Berkshire Lane; EXISTING LEGAL DESCRIPTION Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. To be divided and consolidated as follows: PARCEL A That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies westerly and northerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet; thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating. PARCEL B That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies easterly and southerly of the following described line: Commencing at the see next page) Resoluton No. File 90033 Page Two northwest corner of said Lot 7; thence on an assumed bearing of South to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet; thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division/consolidation is approved by Hennepin County. The 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 LOT DIVISION AND APPROVING A ZONING ORDINANCE VARIANCE FOR VAN EECKHOUT BUILDERS (90033) WHEREAS, the City Council has approved a Lot Division for Van Eeckhout Builders located at 255 and 257 Berkshire Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to recording of, and related to said lot division/consolidation: 1. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing open storm water drainage facilities. 2. A variance from the Zoning Ordinance is approved for lot width at the front setback of "Tract B" of 48 feet versus the Ordinance standard of 50 feet based on compliance with the variance standards of the Zoning Ordinance. No other variances are approved or implied. 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. Planning Commission Minutes June 13, 1990 Page 94 Edgerton stated that it depends on the lot elevation. He aid that Table 13 on page 53 identified the low press a areas of the City. Chairman Nfka opened the Public Hearing. Chairman Plufka losed the Public Hearing as there was no one present to sp on the issue. MOTION by Chairman Nfka, seconded by Commissioner Stulberg to recommend app val of the Comprehensive Plan Water System Element. Roll Call Vote. 6 Ayes. MOTIONmarried. Chairman Plufka opened the Public Hea.'ng for Amendments to the Zoning Ordinance regarding Flood in Regulations, Residential Facilities, Shoreland Priv a Recreation Facilities, Planned Unit Development Attr-& t Private Streets, and Temporary Real Estate and Other Sign MOTION by Commissioner Stulberg, seconded by Commissi er Pierce to continue the Public Hearing until the June 2 1990 Planning Commission meeting. Roll Call Vote. 6 Ayes. MOTION carried. MOTION TO APPROVE VOTE - MOTION CARRIED MOTION TO CONTINUE E - MOTION CARRIED Meyer/Gonyea Land Development Company, Division/ Consoli- MEYER NYEA LAND dation of Platted Property and Amended General Development DEVELOP T COMPANY Plan located at the south side of 45th Avenue North (90032) between Nathan Lane and the State Highway 169 West Service Drive. Vote. 5 Ayes. MOTION carried. Van Eeckhout Builders, Division of Platted Property and Zoning Variance for lot width at 255 and 257 Berkshire Lane. Vote. 5 Ayes. MOTION carried. Olfisco, Inc., Variance for Side Yard Setback at 1915 Xenium Lane North (A-261). Vote. 5 Ayes. MOTION carried. Chairman Plufka introduced the request by Go es for a Site Plan Amendment and Policy Res n Variance for Fernbrook Manor" to delete use of B612 curb and gutter located east o rook Lane at 44th Place North. Chairm ka introduced Mr. Pat Goff representing the aettr'loner. VOTE - MOTION CARRI VAN EECKHOUT BUILDERS 90033) VOTE - MOTION CARRIED OLFISCO, INC. (A- E - MOTION CARRIED GOFF HOMES (90045) City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 6, 1990 FILE NO.: 90033 PETITIONER: Mr. Eugene C. Bangasser, Van Eeckhout Building Corporation, 1935 West Wayzata Boulevard, Long Lake, MN 55356 LOT DIVISION/CONSOLIDATION: LOT 7, BLOCK 1, CARLSON CENTER 6TH ADDITION LOCATION: South of Berkshire Lane in the southwest 1/4 of Section 34. N/A Yes No 1. — X — 2. X 3. 4 5 WAR Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits are issued. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Lot Division/Consolidation approval: Area assessments: None Other additional assessments estimated: None v :v 6. X _ Complies with standard utility/drainage easements The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) N/A Yes No 7. X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's Comprehensive Storm Drainage Plan. g, X _ _ Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots: The home is existing. 9. _ X All standard utility easements required for construction The following easements will be required for construction of utilities 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. I 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 12. _ X All existing street rights-of-way are required width - Additional right-of-way will be required on 13. A. This division is for dividing a double existing home along the common wall line. Drainage and utility easements therefore are not required. Submitted by: Daniel L. Faulkner, P. E. City Engineer 2 Alb n_mklwi C*111-WWWWAT15 um, blu KV Z y < QW33 Prepared for* VAM 1BUJIL' TION Proposed Property Oivisiw EXISTING LEGAL DESCRIPTION: Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Area - 19,00 square feet PROPOSED PARCEL AREAS: Pioposed Tract A - 9429 square feet Proposed Tract B - 9871 square feet 11 oc TRACA\ N4 \ IN, eq 4E AS BUILT ELEVATIONS: NS2 S Top of foundation - 1000.0 9St.3a Basement floor elev. - 992.3 G.. PROPOSED TRACT A - That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies westerly and northerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South 52 degrees 19 minutes 43 seconds East along the north line of said Lot 7 a distance of 52.09 feet to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet; thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating. PROPOSED TRACT B: That part of Lot 7, Block 1, CARLSON CENTER SIXTH ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota which lies easterly and southerly of the following described line: Commencing at the northwest corner of said Lot 7; thence on an assumed bearing of South 52 degrees 19 minutes 43 seconds East along the north line of said Lot 7 a distance of 52.09 feet to the point of beginning of the line to be described; thence South 37 degrees 30 minutes 30 seconds West a distance of 56.60 feet;thence North 52 degrees 29 minutes 30 seconds West a distance of 2.00 feet; thence South 37 degrees 30 minutes 30 seconds West a distance of 128.40 feet to the south line of said Lot 7 and said line there terminating, GENERAL NOTES: o Denotes iron monument Proposed top of foundation elev. X. Denotes cross chiseled in concrete Proposed basement floor elev. X931.3 Denotes existing spot elevation Proposed garage fl oor elev. 9e-7 Denotes proposed spot elevation Denotes surface drainage BENCHMARK. Dashed contour lines denote proposed features APR ?4 00 Solid contour lines denote existing features CITY OF PLYMOUTH AMMUNi1Y OEYELOPMEXT OETt. I hereby certify that this survey, plan or report was SC'A'LE ALL -METRO LAND prepared by me or under my direct supervision and that I"= 3 I an a duly Registered Land Surveyor under the laws of SURVEYORS the State of Minnesota. 8001 2340 Daniels Street f - / Ig 4 Long Lake, Minnesota 55356 JJ FILE NO. 475-1433 DATE &AMS REG. NUMBER 11025 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charles 6jfxl'ferud through Community Development Director Blair Tremere SUBJECT: HANS HAGEN HOMES/WESTAR-ROME PARTNERS. CONDITIONAL USE PERMIT FOR LAND RECLAMATION AT THE SOUTHWEST CORNER OF COUNTY ROAD 24 AND MEDINA ROAD (90036) ACTION REQUESTED: Adopt the attached resolution approving a Conditional Use Permit to allow the stockpiling of fill materials for future use in the grading of a residential subdivision, as recommended by the Planning Commission. BACKGROUND: At its meeting June 13, 1990 the Planning Commission, on a unanimous vote, acted to recommend approval of a Conditional Use Permit to allow the stockpiling of approximately 100,000 cubic yards of fill material on a 6.8 acre reclamation site at the corner of Medina Road and County Road 24. Material to be stockpiled in excess of the requirement for the immediate 6.8 acre site would be distributed over the remaining 60 acres of a residential subdivision for which a Preliminary Plat has been applied for. No encroachment on wetland areas will result from this proposed filling activity, and adequate erosion control measures are specified by the plan and the City Engineer. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution providing for the approval of a Conditional Use Permit for land reclamation activities at the corner of Medina Road and County Road 24, as recommended by the Planning Commission. Attachments: 1. Resolution Approving Conditional Use Permit for Land Reclamation 2. Planning Commission Minutes of June 13, 1990 3. Location Map 4. Site Graphics CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the 1 City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION 90 - APPROVING CONDITIONAL USE PERMIT FOR HANS HAGEN HOMES/WESTAR/ROME PARTNERS FOR LAND RECLAMATION (90036) WHEREAS, Hans Hagen Homes/Westar/Rome Partners has requested approval for a Conditional Use Permit for land reclamation and stock piling of earth fill material on property located at the southwest quadrant of Medina Road and County Road 24; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Hans Hagen Homes/Westar/Rome Partners for a Conditional Use Permit for land reclamation and stock piling of earth fill material on property located at the southwest quadrant of Medina Road and County Road 24; subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. Concurrence with the recommendations and requirements of the Hennepin County Department of Public Works with respect to access to County Road 24 and signage with respect to "Trucks Hauling". 4. No filling activities shall be undertaken until approval by the City Council of the specific alignment of the relocated Medina Road and County Road 24. 5. A complete Grading Permit application shall be submitted, all required financial guarantees shall be submitted, and all fees shall be paid prior to issuance of the permit. 6. The work shall be continuously managed so to comply with all applicable air quality, noise, and erosion control standards. 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. Planning Commission Minutes June 13, 1990 Page 92 Call Vote on Main Motion. 5 Ayes. Commissioneron VOTE - MOTION CARRIED Wire, a carried on a vote of 5-1. Commissioner Wire state is Nay vote was because of his objection to the alignment o t Road 73 and was not intended to be a disapproval of the pe Chairman Plufka called a recess at 9:25 p.m. Chairman Plufka reconvened the meeting at 9:32 p.m. Chairman Plufka introduced the request of Hans Hagen HANS HAGEN HOMES/ Homes/Westar-Rome Partners for a Conditional Use Permit to WESTAR-ROME PARTNERS undertake land reclamation activities in the FRD Zone 90036) located at the southwest quadrant of Medina Road and County Road 24. Coordinator Dillerud reviewed the June 7, 1990 Staff Report. Commissioner Stulberg stepped down from the table. Chairman Plufka introduced Mr. Richard Bloom representing the petitioners. Mr. Bloom stated that he was in agreement with the June 7, 1990 Staff Report. He said most of the fill would be placed on the southern site and that some rough grading would be done to the new County Road 24 corridor, if approved. Chairman Plufka opened the Public Hearing. Chairman Plufka introduced Mr. Michael Halbach of 3185 Kimberly Lane. Mr. Halbach stated his concerns were whether the fill could be seen from the road and whether the dust would be controlled. Mr. Bloom stated that the valley area would be filled first, the fill would be seeded immediately after stockpiling. The fill would be removed in 1-2 months. Chairman Plufka introduced Mr. Steve Leuer of 17435 Medina Road. Mr. Leuer stated that his concern was the road access to the site. Mr. Bloom stated that the County has directed that access to the site be only from Medina Road and not from County Road 24. Chairman Plufka closed the Public Hearing. Planning Commission Minutes June 13, 1990 Page 93 MOTION by Commissioner Wire, seconded by Commissioner Tierney to recommend approval of the petition by Hans Hagen Homes/Westar-Rome Partners for a Conditional Use Permit to undertake land reclamation activities in the FRD Zone located at the southwest quadrant of Medina Road and County Road 24 subject to the conditions listed in the June 7, 1990 Staff Report with emphasis on Condition No. 4. Roll Call Vote. 5 Ayes. MOTION carried. Commissioner Stulberg returned to the table. MOTION TO APPROVE VOTE - MOTION CARRIED Chairman Plufka introduced the request of Inspirations, INSPIRATIONS, INC. Inc. for an Amended RPUD Preliminary Plan for "Burl Oaks" (90044) for a change in the structure setback located at 16890 5th / Avenue North. Chairman Plufka waived the review of the June 6, 1990 Staff Report. Chairman Plufka introduced Mr. Craig Degendorfer representing the petitioner. Mr. Degendorfer stated that he was in agreement with the June 6, 1990 Staff Report. He distributed a survey of the property to the Commissioners. Chairman Plufka opened the Public Hearing. Chairman Plufka closed the Public Hearing as th a was no one present to speak on the issue. MOTION by Commissioner Wire, seconded y Commissioner MOTION TO APPROVE Stulberg to recommend approval of the request by Inspirations, Inc. for an Amended UD Preliminary Plan for "Burl Oaks" for a change i he the setback located at 16890 5th Avenu North subject to the conditions listed in the June , 1990 Staff Report. Roll Call Vote. 6 Ayes. AOTION carried. VOTE - MOTION CARRIED Chairman Plufka i roduced the Amendment to the COMP. PLAN - WATER Comprehensive Plan• Updated Water System Element. SYSTEM ELEMENT water introduced Mr. Dan Edgerton, representing sene, Anderlik & Associates, consulting the City. Wire asked Mr. Edgerton is there would still pressure problem in thehigher elevations of CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: June 6, 1990 FILE NO.: 90036 PETITIONER: Mr. Richard Bloom, Land Concept Corporation, 14600 Woodruff Road, Wayzata, MN 55391 CONCEPT PLAN: CONDITIONAL USE PERMIT REQUEST FOR STOCK PILING FILL MATERIAL TO BE USED AT A LATER DATE IN THE SEVEN PONDS ADDITION The developers of the Seven Ponds 2nd Addition have submitted an application for a Grading Permit which requires a Conditional Use Permit for the stock piling of fill material from off site. The Conditional Use Permit, if approved by the City Council, shall include the following conditions: 1. The fill must be placed in a location not to interfere with the construction of proposed. Median Road and County Road 24. 2. Silt fence and/or other erosion control methods must be in place at all times. 3. The stock pile shall be seeded and mulched immediately after stock piling has been complete. 4. Slopes shall not exceed a 3 to 1. 5. Shall comply with Bassett Creek and Minnehaha Creek requirements. 6. Hennepin County will not allow County Road 24 to be used as an access road to the site. All trucks must use Medina Road. 7. The developer shall have in place truck hauling signs as required by Hennepin County at all times during the hauling operation. 8. If the stock pile should interfere with the construction of Medina Road, the developer agrees to immediately relocate the stock pile to a different area within the Seven Ponds Addition and comply with all of the above requirements. 9. The contractor hauling the fill material shall use "dust control" on Medina Road as necessary. 10. The contractor shall have a street sweeper available to clean County Road 24 and Highway 55 as necessary. Submitted by: Daniel L. Faulkner, P.E. City Engineer sIM'`I I 7 It i !1: A J z s 177 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Cha rDillerud through Community Development Director Blair Tre Pe SUBJECT: INSPIRATIONS, INC. RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/CONDITIONAL USE PERMIT AMENDMENT FOR "BURL OAKS" AT 16890 5TH AVENUE NORTH (90044) (RPUD 78-1) ACTION REQUESTED: Adopt the attached resolution providing for amendment to the "Burl Oaks" RPUD Preliminary Plan/Conditional Use Permit to allow adjustment to the setback of a single lot to permit the construction of a home addition, as recommended by the Planning Commission. The approval or amendment of a RPUD Preliminary Plan and Conditional Use Permit requires a 4/5 vote of the City Council. BACKGROUND: At its meeting June 13, 1990 the Planning Commission, by a unanimous vote, acted to recommend approval of this request to amend the RPUD plan for the Burl Oaks" RPUD to allow modification of the street setback on a single lot to permit the construction of a family room addition to a home 29 feet from the property line adjacent to a public street, rather than the 35 feet specified in the current PUD plan. The individual lot for which the PUD plan amendment is requested is a "double front" lot with public streets both in the rear and in the front. The requested setback amendment would be to the street that is the rear of the lot (9th Avenue North). The house fronts on 5th Avenue North. see next page) Page Two File 90044 RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution providing for the approval of an Amended RPUD Preliminary Plan and Conditional Use Permit for Burl Oaks" regarding the street setback of a single lot, as recommended by the Planning Commission. Attachments: 1. Resolution Approving Amended RPUD Permit Preliminary Plan and Conditional Use 2. Planning Commission Minutes of June 13, 1990 3. Location Map 4. Site Graphics 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 RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR INSPIRATIONS, INC. FOR "BURL OAKS" (90044) WHEREAS, Inspirations, Inc. has requested approval of a Planned Unit Development Plan Conditional Use Permit amendment for property located at 16890 5th Avenue North to allow for reduced setbacks from 35 feet to 29 feet to the street right-of-way line of 9th Avenue North to permit an addition to the home; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Inspirations, Inc. for a Planned Unit Development Plan Conditional Use Permit amendment for "Burl Oaks" to allow reduced setbacks for property located at 16890 5th Avenue North, subject to the following findings and conditions: 1. No other amendments or variances are granted or implied. 2. All applicable requirements of the City and State Building Codes shall be implemented and enforced; no Code requirements are waived by this approval. 3. The granting of the permit is responsive to criteria of the Zoning Ordinance for Conditional Use Permits and PUD Plans. 4. The applicable Conditions of Resolutions 78-152, and 78-275, and the Development Contract for "Burl Oaks" shall be complied with. 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. Planning Commission Minutes June 13, 1990 Page 93 MKIO by Commissioner Wire, seconded by Commissioner Tierney ecommend approval of the petition by Hans Hagen Homes/Wes - ome Partners for a Conditional Use Permit to undertake a clamation activities in the FRD Zone located at the southwes ant of Medina Road and County Road 24 subject to the con i listed in the June 7, 1990 Staff Report with emphasis on 'tion No. 4. Roll Call Vote. 5 Ayes. MOTION carried. Commissioner Stulberg returned to the table. Chairman Plufka introduced the request of Inspirations, Inc. for an Amended RPUD Preliminary Plan for "Burl Oaks" for a change in the structure setback located at 16890 5th Avenue North. Chairman Plufka waived the review of the June 6, 1990 Staff Report. Chairman Plufka introduced Mr. Craig Degendorfer representing the petitioner. Mr. Degendorfer stated that he was in agreement with the June 6, 1990 Staff Report. He distributed a survey of the property to the Commissioners. Chairman Plufka opened the Public Hearing. Chairman Plufka closed the Public Hearing as there was no one present to speak on the issue. MOTION by Commissioner Wire, seconded by Commissioner Stulberg to recommend approval of the request by Inspirations, Inc. for an Amended RPUD Preliminary Plan for "Burl Oaks" for a change in the structure setback located at 16890 5th Avenue North subject to the conditions listed in the June 6, 1990 Staff Report. Roll Call Vote. 6 Ayes. MOTION carried. Chairman Plufka introduced the Amendment to the Comprehensive Plan: Updated Water System Element. Chairman Plufka introduced Mr. Dan Edgerton, repre g Bonestro, Rosene, Anderlik & Associat consulting engineers for the City. Commissioner res!`ure Mr. Edgerton is there would still be a wa roblem in the higher elevations of itv. MOTION TO APPROVE ION CARRIED INSPIRATIONS, INC. 90044) MOTION TO APPROVE VOTE - MOTION CARRIED COMP. PLAN - SYSTELd--a-EMI 0(14) ( 45) 2 ( 52) 67) (66) 72) (71) (Z) (65) (61 (42) (.8) 15) 4) (17 1., I 6) 5) r"n t9) se 5) ( 26) aa. C (20) 29) P 22) RA) (n) 26)4 QW 4 (25) 4 (32) (24) (21) (20) (18) (17) (10) ( 6) 06) ot 46) 4 33) 47) (30) ( 34) 42) 41) '4b CA (35) j4W 27) (4) 4 47 40) lop 25) (34) L ---------------------------- ............. 40) 4o 14 3 50 IST AVER c• To (20" d cm, s Y, 977.8 C LAP, ES - 4x 981.2 91a . z -- 0 DQ 00 4 976.7, 8 SA- 9 0'x Wy . 1V 977.0K ExisTJlsti , USE OZip 97, 979.3 / 976.8 x 977.0, 979.3 0 I 4 Jdh r 978.7 '1 l S z/ 14 x985 01 O 6 O -x982.2 \h1.l04 x 979.5 o Denotes Iron Monument I x950 Denotes Existing Elevation 950) Denotes Proposed ElevationD "U 1 D Direction of Drainage w-• Proposed Top of Foundation Elevation = Proposed Garage Floor Elevation = Proposed Lowest Floor Elevation = MAY 9 1990 C1 I^y C} i L Y U 1 ti t CQMt+iilRJY 0E.jE Q?MENT DEPT. I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 1, Block 2, BURL OAKS, Hennepin County, Minnesota. And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. As surveyed by me this 24th day of March, 1981. 5-7-90 AS-gUtLT SUZVEY SATHRE-BERGOUIST, INC. 935 EAST WAYZATA BLVD. • WAYZATA, NIN. 55391 TELEPHONE 612-476-0848 QEv. 4-3-6i DE EAStn`Ea T (zE:v.EG4= Land Surveyor, Minn. Reg. No. 7725 SCALE I'=40 PZEPA2ED F02 BOOK PAGE 2 59 F n-EE NO. INSPIRATIONS9ANC. rya/ ,,,- MEMO 7 — CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charlei" llerud through Community Development Director Blair Trem SUBJECT: GOFF HOMES, INC. SITE PLAN AMENDMENT AND VARIANCE FROM CITY COUNCIL CURBING POLICY FOR "FERNBROOK MANNER" LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE NORTH (90045) ACTION REQUESTED: Adopt the attached resolution providing for the denial of the Site Plan amendment and variance to City Council Policy Resolution 79-73 regarding curb and gutter in residential developments, as recommended by the Planning Commission. BACKGROUND: At its meeting June 13, 1990, on a vote of 4-2, the Planning Commission adopted action recommending denial of the request to amend a previously approved Site Plan and approve a waiver from City Council Resolution 79-73 to delete concrete curb and gutter for all non-public roadways and parking areas (internal drives) within the project. PRIMARY ISSUES AND ANALYSIS: The dissenting Commissioners provided two reasons for their dissenting votes: 1. A continued requirement for curb and gutter for that portion of the development that fronts on 44th Place North was reasonable, but elimination of the curb and gutter for the balance of the project would be appropriate. 2. The focus of this particular project to provide more moderately priced homeownership is unduly compromised by requirement for expensive curb see next page) File 90045 Page Two and gutter, and therefore the elimination of the curb and gutter would be in the best interest of the City of Plymouth. This multiple dwelling project was approved in 1988 with a plan showing standard B-612 concrete curb and gutter would be provided for all driving and parking areas. A portion of the project has been constructed with, the public street receiving concrete curb and gutter, but the private drive areas and parking areas have been paved, with no curb and gutter provided. The Site Improvement Performance Agreement and related financial guarantee include the requirement concrete curb and gutter throughout the project. The purpose of curb and gutter ,around driving and parking areas is functional in nature and is not an aesthetic treatment. The developer was presumptive in not installing the curb and gutter --per approved plans --and was not led to believe the requirement could or would be waived after the fact. We expect the site to be developed per approved plans. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached resolution providing for the denial of the application to amend the Site Plan for the "Fernbrook Manner" project and for a waiver to the City Council Policy Resolution 79-73 regarding concrete curb and gutter within multifamily residential projects. Consistent with prior Council direction in such cases, I have also included a resolution for approval of the requested actions. Attachments: 1. Resolution Denying Site Plan Amendment and Policy Resolution Variance 2. Resolution Approving Site Plan Amendment and Policy Resolution Variance 3. Planning Commission Minutes of June 13, 1990 4. Petitioner's Letter of June 13, 1990 5. Engineer's Memorandum 6. Location Map 7. Site Graphics cc/cd/90045:dl) 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 , 19 The following members were present: The following members were absent: moved its adoption: introduced the following Resolution and RESOLUTION 90 - DENYING SITE PLAN AMENDMENT AND VARIANCE FROM RESOLUTION 79-73 FOR GOFF HOMES FOR "FERNBROOK MANOR" LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE NORTH 90045) WHEREAS, Goff Homes has requested approval for a Site Plan Amendment and Variance from Resolution 79-73 to eliminate B-612 curb and gutter from Fernbrook Manor located east of Fernbrook Lane at 44th Place North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Goff Homes for a Site Plan Amendment for Fernbrook Manor located east of Fernbrook Lane at 44th Place North, based on the following reasons: 1. The purpose of Resolution 79-73 is not met in a permanent and effective alternate manner as required. 2. The site and conditions of the development are not unique with respect to the need for permanent delineation provided by concrete curb and gutter. 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. t 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 SITE PLAN AMENDMENT AND VARIANCE FROM RESOLUTION 79-73 FOR GOFF HOMES FOR "FERNBROOK MANOR" LOCATED EAST OF FERNBROOK LANE AT 44TH PLACE NORTH 90045) WHEREAS, Goff Homes has requested approval for a Site Plan Amendment and Variance from Resolution 79-73 for elimination of B-612 curb and gutter from Fernbrook Manor located east of Fernbrook Lane at 44th Place North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Goff Homes for a Site Plan Amendment for Fernbrook Manor located east of Fernbrook Lane at 44th Place North, subject to the following conditions: 1. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 2. Compliance with the applicable terms and conditions of Resolution 88-385 approving the original Site Plan and Conditional Use Permit. 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. Planning Commission Minutes June 13, 1990 Page 94 Edgerton stated that it depends on the lot elevation. He aid that Table 13 on page 53 identified the low pre\ peak s of the City. Chafka opened the Public Hearing. Chaka closed the Public Hearing as there was no oneo speak on the issue. MOThai n Plufka, seconded by Commissioner MOTION TO APPROVE Sturecomme approval of the Comprehensive Plan WatElement.' Roll Call Vote. 6 Ayes.OTION carried. VOTE - MOTION CARRIED Chairman Plufka opened the P lic Hearing for Amendments to the Zoning Ordinance regardi Flood Plain Regulations, Residential Facilities, Shorel d Private Recreation Facilities, Planned Unit Developme Attributes, Private Streets, and Temporary Real Estate an Other Signs. MOTION by Commissioner Stulberg, seconde y Commissioner MOTION TO CONTINUE Pierce to continue the Public Hearing unti the June 26, 1990 Planning Commission meeting. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Meyer/Gonyea Land Development Company, Division/ Con li- MEYER/GONYEA LAND dation of Platted Property and Amended General Developm t DEVELOPMENT COMPANY Plan located at the south side of 45th Avenue Nor t 90032) between Nathan Lane and the State Highway 169 West Service Drive. Vote. 5 Ayes. MOTION carried. TE - MOTION CARRIED Van Eeckhout Builders, Division of Platted Property and VAN CKHOUT BUILDERS Zoning Variance for lot width at 255 and 257 Berkshire 90033 Lane. Vote. 5 Ayes. MOTION carried. VOTE - MOTIO\ CARRIEDOlfisco, Inc., Variance for Side Yard Setback at 1915 OLFISCO, INC Xenium Lane North (A-261). Vote. 5 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Plufka introduced the request by Goff Homes for a GOFF HOMES (90045) Site Plan Amendment and Policy Resolution Variance for Fernbrook Manor" to delete the use of 8612 curb and gutter located east of Fernbrook Lane at 44th Place North. Chairman Plufka introduced Mr. Pat Goff representing the petitioner. Planning Commission Minutes June 13, 1990 Page 95 Mr. Goff distributed a handout to the Commissioners. He explained that his reason for eliminating the use of B612 curb and gutter was because the development had a smaller density and he felt the residential atmosphere would be enhanced without the B612 curb and gutter. He described other townhouse developments that did not have 8612 curb and gutter. Discussion addressed the topics of where to define streets versus private driveways; should the B612 curb and gutter be used partially in the development; and the protection of fire hydrants and landscaping with B612 curb and gutter. MOTION by Commissioner Wire to recommend approval of the request by Goff Homes for a Site Plan Amendment and Policy Resolution Variance for "Fernbrook Manor" to delete the use of B612 curb and gutter located east of Fernbrook Lane at 44th Place North striking all conditions listed in the June 6, 1990 Staff Report and adding a condition that states that "with the exception of entry driveways off 44th Place North, and from the edge of a parking lot to the edge of driveway, all B612 curb and gutter be eliminated." MOTION failed for lack of a second. MOTION TO APPROVE MOTION FAILED FOR LACK OF A SECOND MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO DENY Stulberg to recommend denial of the request by Goff Homes for a Site Plan Amendment and Policy Resolution Variance for "Fernbrook Manor" to delete the use of 8612 curb and gutter located east of Fernbrook Lane at 44th Place North. Roll Call Vote. 4 Ayes. Commissioners Wire and Tierney, Nay. MOTION to Deny carried on a vote of 4-2. Commissioner Zylla stated that the requirement to use 8612 curb and gutter was a part of the original approved plan and that the development would not look finished without the curb and gutter. Commissioner Wire stated he agreed with Commissioner Zylla in part but felt that the curb and gutter are not necessary in the rear area of the buildings. The Commissioners were reminded of the Public Hearing to be held on June 19, 1990 at 7:00 p.m. regarding the Realignment of County Road 9 and County Road 24. The meeting adjourned at 10:35 p.m. VOTE - MOTION CARRIED CITY OF PLYMOUTH ENGINEER'S MEMO to PLANNING COMMISSION AND COUNCIL MEMBERS DATE: June 8, 1990 FILE NO.: 90045 PETITIONER: Mr. Pat Goff, Goff Homes, 865 Aspen Circle, Little Canada, MN 55109 SITE PLAN: SITE PLAN AMENDMENT FOR FERNBROOK MANNER - REQUEST TO ELIMINATE CONCRETE CURB AND GUTTER LOCATION: East of Fernbrook Lane, north and south of 44th Avenue in the southwest 1/4 of Section 10. Mr. Pat Goff of Goff Homes has submitted an application to the City requesting an amendment to the approved Site Plan removing the condition that concrete curb and gutter be installed as an off-site improvement. I recommend that the approved plans not to be changed for the installation of concrete curb and gutter or curb stone for the following: o To positively delineate public parking in driving areas. o To protect the landscaped areas, building, and utilities, and fixtures such as light standards and fire hydrants. o To control surface drainage for positive flow, erosion prevention, and protection of site landscaping and critical slopes which is not otherwise achieved. SUBMITTED BY: Daniel L. Faulkner, P.E. " City Engineer GOFF HOMES,INC. 865 ASPEN CIRCLE LITTLE CANADA, MINNESCTA 55109 612)482-0767 FAX 482-0876 June 13, 1990 Honorable Chairman City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Honorable Chairman: jook We would like to submit the follow ng as reasons to grant a variance to delete thy- curbing on the private property of this developwie;nt. 1. Snow removal and snow storage areas. Most of our development's associations will hir•a snow removal companies that gust use ::ick. -up trucks to push snow without the capacity to lift: the snow over the curbing. 2. There are'not any light standards or buildings or fire hydrantz. that are that close or not adequately marked that could b1 damaged by a snow plow on a pick-up truck. 3. Our surface drainage has always been designed to run down the center of our driveways without the need of curbs. With sodded yards there are no erosion problems. 4. Originally we propo ,c_d a 100' shorter cul de sac and the buildings were not as spread out. The City Council demanded we spread out the buildings to be more harmonious with the single- family neighborhoods in the area. To keep this theme, of space between buildings and more of a single• family f:.,vor• wi h our smaller buildings, curbing is too commercial or apartment complex" looking on private property. S. Our development is only 102 units ..n an original 20 acre site. This is only 5 units per acre average, hardly more density then a aingle family neighborhood. Curbing would take the low density residential feeling out of the development. 6. To date we have four other developments of the,n,= same bt.ii ldin•js with no curlbin-,-. on privarr pcop,::rty. 0 7. 0 -,er its -i with more density and notldevelopmeiinPlymouth curbs arm: Cardinal Ridge - Nathan Lane Westridge Manor Homes - Lartch Lane Prominade Homes - Vicksburg Lane Timberton - Vicksburg Lane Tyrell Townhomes - 45th Avenue N. Carlson Companies Annex Building - Hwy 6 and 55 S. We have a quiet country setting with spacious setbacks. We wish to leave it that way without commercial curbing. Respecttully Submitted, Patrick W. Gof-,' L CA ,ION MmI90045 J a h T x' - y- - , -moi 1"'•. . 1 Lt CA •' I I I I' / , 1 `/ \ \ I- N e _ oma YN a oa9 `1 II , 1 I IL 1 I *' G .cNY a •II i t O ) OfNO II' 1 I 1S o 1 •p i-' y v 0 M b .. f' • L 1 ti( w 0 ` 9 1 h 0 ii ; , -all • ' • '-: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Charl s llerud through Community Development Director Blair Treme SUBJECT: SCHUETT INVESTMENT COMPANY. RELEASE OF SITE IMPROVEMENT PERFORMANCE AGREEMENT AND FINANCIAL GUARANTEE FOR "COACHMAN TRAILS" AT THE SOUTHWEST CORNER OF OLIVE LANE AND 14TH AVENUE NORTH (85022) ACTION REQUESTED: Adoptthe attached resolution providing for the release of the Site Improvement Performance Agreement and remaining financial guarantee for the "Coachman Trails" apartment project. PRIMARY ISSUES AND ANALYSIS: Planning staff has inspected the site and found that site improvements have been completed according to the approved Site Plan. Landscaping materials installed since the 1989 site inspection have completed winter survivability, and an "as -built" utility plan has been submitted. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached resolution authorizing release of the financial guarantee in the Site Improvement Performance Agreement for Schuett Investment Company for property located at 14th Avenue and Olive Lane (Coachman Trails Apartments). Attachments: 1. Draft Resolution 2. Location Map 3. Resolution 85-398 cc/cd/85022:dl) CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of City Council of the City of Plymouth, Minnesota, was held on the of , 19 The following members were present: The following members were absent: the day introduced the following Resolution and moved its adoption: RESOLUTION 90 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR SCHUETT INVESTMENT COMPANY FOR "COACHMAN TRAILS" (85022) WHEREAS, a Site Plan for Schuett Investment Company was approved under City Council Resolution 85-398; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a cash deposit in the amount of $196,500; and, WHEREAS, Resolution 88-13 reduced the cash deposit to $102,250; and, WHEREAS, Resolution 88-794 reduced the cash deposit to $63,750; and, WHEREAS, Resolution 89-146 reduced the cash deposit to $40,000; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the release of the cash deposit in the amount of $40,000, which was submitted to guarantee site improvements for Schuett Investment Company for "Coachman Trails". The motion for adoption of the foregoing Resolution was duly seconded by , and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. of ton a lid Al P' oil 4 9_ li( I I AW CITY OF PLYMOUTII 11torsuant to due cal l and notice thereof, a rAQtJ,)r meeting of the City Ccxw(ci 1 of the City of Plymouth, Minnesota, was held on the ard_ day of 19 The following memt)ers were present: HI nr DAypnpnrt ruiinr i lmnmhor 14pi1t. Srhnrlirir+r ,rnrt V,aeilinte The following members were absent: tower -_ i R to ! * • r• * Cniinrilmnmhnr• Srhnrirjpr introduced the following Resolution and move(I its adoption: RESOLUTION NO. 85- 393 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR SCHUETT INVESTMENT COMPANY (85022) WHEREAS, Schuett Investment Company has requested approva! for a Sit(- Plan and Con- ditional Use Permit for the construction of two multi -family building,; witrr o total of 153 units to be located west of 14th Avenue North and Olive Lane on l.ot 1 arnct ', Block 1 of Schiehe's Oakwood Addition to be platted as "Coachman Trails"; and, WHEREAS, the. Planning Commission has reviewed said rt,quest .it a doily ral Ird Publ it Hearing and recommends approval; NOW, THERFFORF , BL 11 III-lif-BY RESOLVED BY THE CITY COUNCIL 01 fill CITY 01 1'l.l't•tUtITH, MINNESOTA, that. it should and hereby does approve the request for .'irhuett Invr ;tmrnt Company for a Site Pl,)n and Conditional Use Permit for the construction of two multi- family huildir,gs with ,, total of 153 units to be located west of 1411t A,.vmw North and Olive Lane, suhjrct to the following conditions: 1. Compliance with City I nyii)ver's Memorandum Submission of rrcluired fin,incial guarantee and Site Performance lgrtrrinvio for completion of site- improvements. 3. Any signage shall be in compliance with the Ordinance. 4. Any subsequent phases or expansions are subject to required review; ir-A approv- als per Ordinance provisions. S. All waste arid. waste containers shall be stored within the structure and nu out - sid-! storage is permitted. G. No Conditional Use Permit or Bullding Permit to be Issued UM. iI t.he• I inal f'l'it is filed and recorded with Hennepin County. 7. Appropridtc legal documents regarding shared access and cirCulalion :ysir•ni ,,_, approved by the City Attorney, shall be filed with the Final Plat.. A. Approval of a Variance from the requirement of fire lanes subject to the• siruc- tures being sprinklered, in accordance with the Fire Chief's reconrnendation. PLEASE' SEE PACE: TWO s" j.Y ,.•., rl rage. two a iicrsolut ion No. 85- 398 9. The pool and tennis crnrrt hours shall be restricted to no tenant. or (jM'*'t Irsc after 10:30 P.M., or prior to 7:00 A.M..; and, no lights stial l he insta l lf•rt at the pool or tennis courts. 10. No access to the pond shall be provided and no paths, docks, or sign,rye pointing out the pond shall be constructed; there shall be no advertising puhlished for- this orthisdevelopmentthatwouldalludetotheuseofthepond. 11. Additional plantings including pine trees and evergreens shall he t,l,>ct•d )long the south lot line and along Outlot A north to the pond at a rate of 15 ft. nn center. Additional plantings to be approved by staff, as to locatiotl, may not necessarily be 15 ft. on center for all plantings. The 102 additional evergrce n plantings shall be a minimum 8 ft. in height. 12. Adequate devices shall be installed to prevent direct run-off from this property into the pond and this drainage shall be treated to remove the acc.umul.1t. ion of sediment. 13. Approve a vari,ince of ', ft. for a maximum 40 ft. height. of the 3 -star` hlri 1;1i . The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Crain , and upon vote being taken thereon, thr following voted in favor thereof: Mayor Davenport, Councilmembers Crain, Neils. Schneider and Vasiliou The following voted against or abstained: none — Whereupon the Resolution was declared duly passed and adopted. s t MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Community Development Coordinator Char es Di lerud through Community Development Director Blair Tre SUBJECT: ZONING ORDINANCE TEXT AMENDMENTS ACTION REQUESTED: Adopt the attached three Ordinances which provide for amendments to the text of the Plymouth Zoning Ordinance regarding miscellaneous topics, as recommended by the Planning Commission. A 4/5 vote of the City Council is required for any amendment to the Zoning Ordinance. BACKGROUND: At its meeting June 26, 1990, the Planning Commission took action recommending approval of three amendments to the Zoning Ordinance text presented by staff. A Public Hearing was held June 13, 1990, and continued until June 26, 1990. The amendments recommended for approval, and the Planning Commission voting on each, were as follows: 1. To the R -1A District standards to permit residential facilities existing as of November 1989 - the unanimous vote to approve. 2. To permit shoreland private recreation facilities in the FRD and all residential zones - 3-2-1 (Commissioner Tierney and Chairman Plufka opposed, Commissioner Marofsky abstained). 3. Deleting specification for private streets from the Planned Unit Development section - unanimous to approve. see next page) Zoning Ordinance Amendments Page Two PRIMARY ISSUES AND ANALYSIS: No members of the public spoke at the Public Hearings concerning the Zoning Ordinance text amendments that were under consideration. The item regarding residential facilities is a "housekeeping" measure similar to the one approved earlier this year for the Adult Corrections Facility. The other items are in response to Council directives. The one regarding private streets is a "first step" that clarifies the Zoning Ordinance and leaves the rest of the issue to non -zoning considerations, i.e., the Subdivision Code, Engineering Standards and Policies. We anticipate completing those facets in the near future. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend adoption of the attached Ordinances to amend the text of the Plymouth Zoning Ordinance, as recommended by the Planning Commission. Attachments: 1. Ordinance to Amend the Zoning Ordinance Regarding Residential Facilities 2. Ordinance to Amend the Zoning Ordinance Regarding Shoreland Private Recreation Facilities 3. Ordinance to Amend the Zoning Ordinance Regarding Private Streets 4. Staff Report to the Planning Commission Regarding Residential Facilities 5. Staff Report to the Planning Commission Regarding Shoreland Private Recreation Facilities 6. Staff Report to the Planning Commission Regarding Private Streets 7. Excerpt of Planning Commission Minutes of June 26, 1990 cc/cd/zo:dl) CITY OF PLYMOUTH ORDINANCE NO. 90 - AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO RESIDENTIAL FACILITIES. THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 7, Subdivision C. is hereby amended as follows: Add a new item to Section 7, Subdivision C which would read as follows: FRD R -1A R -IB R-2 R-3 R-4 49. -- C -- -- -- -- -Nursing Home, Residential Facility, Residential Shelter and similar properly licensed and sanctioned treatment facilities in operation as of November 20, 1989. Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. Adopted by the City Council this 2nd day of July 1990. ayor ATTEST City Cler Struel Material - indicates deleted text Underscore - indicates new text cc/jw/7-2.1) CITY OF PLYMOUTH ORDINANCE NO. 90 - AN ORDINANCE AMENDING PORTIONS OF THE ORDINANCE 80-9 ADOPTED JUNE 16, 1980, AS AMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE, RELATIVE TO SHORELAND PRIVATE RECREATION FACILITIES. THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 7, Subdivision C is hereby amended as follows: FRD R -1A R -IB R-2 R-3 R-4 35A. P P P P P P Private recreational structures and buildings open on all sides on undeveloped lakeshore parcels as otherwise regulated by this Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. Adopted by the City Council this 2nd day of July 1990. Mayor ATTEST ty Cle Struck Material - indicates deleted text Underscore - indicates new text cc/jw/7-2.3) CITY OF PLYMOUTH ORDINANCE NO. 90' 1980 AS PORTIONS OF THE ORDINANCE NCE AN ORDINANCE AMENDING RELATIVE PTED JTOEPRIVATE AAMENDED, AND KNOWN AS THE PLYMOUTH ZONING ORDINANCE STREETS. ITY OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: s• THE CITY COUNCIL OF THE C 4. h is hereby amended as follow Section I. Section 9, Subdivision B, ets, Utilities, Services and Public Facilities: s thath, Stre require ueness of each proposal for a P.U.D. utilities and services may e The uniq ecifications and standards specifications and difncatdionsofromrthessnces governing their subject to minor ordina Cit Council may therefore waive or modef not e established in This any other City is found that they The construction specifications or standards where it e5 and services shall be andinterestsofthe resident; or of the entire City. r required in the unlit the City Engineer plans and profiles of all streets and approved by plan r the reviewed, modified ifnecessary,approval of the P•ublicpwater and Building Official p ro ects shall be served by P laced City Council. All P.U:D• P . electrical shall be p sewer systems. All utilities including underground. a- P J PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B yard setback or height regulations of the district in which it is located. Non -Conforming Use of Land -- Any use of a lot which does not conform to the applicable use regulations of the district in which it is located. Non -Conforming Use of Structures -- A use of a structure which does not conform to the applicable use regulations of the district in which it is located. Nursery School -- A non-residential facility exclusively providing activities of an educational or enriching nature for six or more children of up to the age of six and licensed by the State of Minnesota. Nursing Home -- A State -licensed facility or that part of .a facility which provided nursing care pursuant to Minnesota Statute Chapter 144A.01. (Ord. 89-38) Obstruction -- Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. Occupancy -- The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Open Space -- Any open area not covered by structures owned by a person or persons including but not limited to the following uses: required or established yard areas, parking areas, sidewalks, schoolwalks, trails, recreation areas, water bodies, shorelands, watercourses, wetlands, groundwater recharge areas, floodplain, floodway, flood fringe, erodible slopes, woodland and soils with severe limitations for development. Open Space, Common -- A parcel or parcels of land or an area of water not required for storage of the "Regional Flood" or a combination of such land and water area within the site designated for private open space for the sole benefit, use, and enjoyment of present and future lot or home owners within a development. Open Space, Private -- Any open space owned by a person or persons. Open Space, Public -- Any open space publicly owned. Ordinary High Water Mark -- A mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The Ordinary High Water Mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For water courses, the Ordinary High Water Mark shall be the elevation of the top of the bank of the channel. For reservoirs and flowages, the Ordinary High Water Mark shall be the operating elevation of the normal summer pool. The Ordinary High Water Mark of public waters in PLYMOUTH ZONING ORDINANCE Section 4, Subdivision B dwelling or other use as allowed under this Ordinance. Public Waters -- Waters which are defined in Minnesota Statutes 1980, Section 105.37, Subdivision 14; For Purposes of the Shoreland Overlay District as provided in this Ordinance, this includes lakes, ponds, and flowages of more than 10 acres and streams, creeks, and water courses having a total drainage area of 2 square miles or more. This does not include a body of water created by a private user, where there was no previous shoreland, as defined by the Department of Natural Resources, for a designated private use authorized by the Department of natural Resources. The official determination of the size and physical limits of drainage areas of streams, creeks, and water courses shall be made by the Department of Natural Resources. The official size of lakes, ponds, or flowages shall be the areas listed in the Division of Waters, Soils and Minerals Bulletin 25, an Inventory of Minnesota Lakes, or in the event that lakes, ponds, or flowages are not listed therein, official determination of size and physical limits shall be made by the Commissioner of the Department of Natural Resources pursuant to State statutes. (Amended Ord. No. 82-33) Reach -- A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Recreation Vehicle -- For purposes of this Ordinance, the term shall include the meaning of "recreational camping vehicle" as defined in Minnesota Statutes 327.14, Subd. 7; and travel trailers, pickup coaches, motor homes and camping trailers, "manufactured homes" as defined in this Section, which are less than 40 feet in body length, converted buses, and converted vans which can be and are used as temporary dwellings for travel, recreational, and vacation purposes. (Amended Ord. 82-26) Regional Flood -- A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regulatory Flood Protection Elevation -- A point not less than one foot above the water surface profile associated with the regional flood plus any increases in flood heights attributable to encroachments on the flood plain. It is the elevation to which uses regulated by this Ordinance are required to be elevated or flood proofed. Residential Facility -- a dwelling where a State -licensed residential program, public or private, which for gain or otherwise, regularly provides a 24- hour -per -day substitute for care, food, lodging, training, education, supervision, habilitation, rehabilitation, or treatment for one or more persons, as defined by the State Human Services Licensing Act, outside a person's own home, except in the case of persons with mental retardation where the program may be in,the person's home. (Ord. 89-38) Residential Shelter -- A supervised facility providing short-term housing, food, and protection for transient individuals. The term does not include Residential Facilities, Community Correctional Facilities, Day Care facilities, Hotels, Motels, or Nursing Homes. (Ord. 89-38) 4-13 DRAFT AMENDMENT NO. 3 HEARING DATE: June 26. 1990 DESCRIPTION: Provide for certain structures, now viewed as accessory, as principal structures, when located on undeveloped lakeshore parcels. SECTIONS INVOLVED: Section 7, Subdivision C. EXPLANATION/PURPOSE: The City Council at its May 21, 1990 meeting in conjunction with a continued review of a Board of Zoning Adjustments and Appeals matter directed staff to investigate Ordinance standards and,to prepare a Zoning Ordinance amendment which would allow for secondary or accessory structures on lakeshore lots without primary structures. The Council made it clear that the direction did not include garages or boathouses; the Council focus has been on open -sided shelters which the petitioner in the particular case has called a "picnic shelter." The Zoning Ordinance now provides for private recreational facilities including those for golf, tennis and swimming that are located on the premises of clubs, schools and places of worship as conditional in all residential zoning districts. The Ordinance also provides for private recreational facilities such as swimming pools, -tennis courts, etc. other than on the premises of clubs, schools or places of worship as accessory in all residential zoning districts. Accessory uses, by legal definition, require a principal use or structure and therefore are not allowed alone. The Council direction is to provide for a certain limited use in the form of an open -sided building which could provide shelter for persons enjoying the amenities of an undeveloped lakeshore parcel. The key consideration is that the Ordinance amendment deals with undeveloped lakeshore parcels since developed lakeshore parcels are eligible for accessory uses. The City Council emphasized that the action does not include garages and boathouses which are now provided by the Ordinance as accessory uses in all districts. Shoreland Management regulations would still apply relative to setback of any structures located on lakeshore property. Page Two Draft Amendment 3 CONCLUSIONS/RECOMMENDATIONS: The Draft Ordinance is responsive to the City Council direction by allowing for the secondary structure, other than a garage or boathouse. FRD R -1A R -1B R-2 R-3 R-4 35A. P P P P P P Private recreational structures and buildings open on all sides on undeveloped lakeshore parcels as otherwise regulated by this ordinance. Underscore - indicates new text Attachments REGULAR COUNCIL MEETING MAY 21, 1990 PAGE: 173 MOTION made by Councilmember Zitur, seconded by Councilmember Vasiliou to direct the staff to investigate ordinance standards and prepare a Zoning Ordinance amendment which would allow for secondary or accessory structures on lakeshore lots without primary structures. Motion to amend made by Councilmember Ricker to include garages within the purview of the ordinance. Motion died for lack of a second. Councilmember Zitur stated the motion did not include garages or boat houses. Motion carried on a Roll Call vote: Four ayes. Councilmember Ricker voted nay. MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou to table this appeal pending the results of the staff response to the Council direction. Motion carried on a roll call vote. Four waves. Councilmember Ricker voted nay. Coun ' member Vasiliou asked Ryan Ryan Construction represe atives why the sign plan before the Co., PUD Final Council i the right plan. She stated that Sign Plan, others had p pared plans and have asked for Rockford Road revisions to t plan shortly thereafter. Plaza Item 7-B Bill McHale, Ryan Co truction Company, 900 2nd Avenue, Minneapoli stated that the sign plan is based upon the' experience with similar facilities. Tar g , Greatland has erected the type of sign ptosed in the past. Councilmember Vasiliou questioned whjether the sign calculation addresses the end'ot the building as she has seen a numbeof wraparound signs. Director Tremere sta d that the ordinance allows for 5 percent o the wall supporting the sign. Mr. McHale stated they understand the conditions of the approving resolution and they have control over the signs throughout the development per the plan. PLYMOUTH ZONING ORDINANCE DISTRICTS FRD R-lA R -1B R-2 R-3 R-4 10. P C -- -- -- -- 11. C C C C C C P P P P P C C C C C C C C C C 15. C C C C C C 16. -- C C C C C 17. -- -- -- C C C 18. C C C C C C 7-5 Section 7, Subdivision C UES Agriculture, the keeping of one or more horses, nurseries, greenhouses for growing only, landscape gardening and tree farms, including sale of products grown on premises. Parks and recreational areas owned or operated by public bodies, other than the City of Plymouth Golf courses (except club houses, miniature courses and driving tees operated for commercial purposes) Private recreational facilities, including those for golf, tennis, and swimming, located on the premises of clubs, schools, and Places of Worship. (Amended Ord. 89-02) Nursery, elementary and secondary, public and private schools. Amended Ord. 89-02) Place of Worship, as specifically regulated in this Ordinance. Amended Ord. 89-02) Day Care Facility operated in a Place of Worship or in public or private schools, as regulated in Section 9. (Amended Ord. 89-02 & Ord. 89-38) Day Care Facility serving up to 16 persons operated on the premises of an allowed Multiple Family Dwelling or Dwellings, as regulated in Section 9. (Amend. Ord. 89-38) Municipal, administrative and service buildings or uses, public libraries, museums, post offices and the like except incompatible activity of an industrial character; and Adult Corrections PLYMOUTH ZONING ORDINANCE DISTRICTS FRD R-lA R-lB R-2 R-3 R-4 34. A A A A A A r A A A A A A 36. A A A A A A 37. A A A A A A 38. A A A A A A 39. A A A A A A 40. P 41. P -- -- -- -- -- 42. A A A A A A 43. A A A A A A 44. P P P P -- -- 7-7 Section 7, Subdivision C USES Living quarters of persons employed on the premises, other than Places of Worship. (Amended Ord. 89-02) Private recreational facilities such as swimming pools, tennis courts, etc. other than on the premises of clubs, schools, or Places of Worship. (Amended Ord. 89-02) Private garage, carport, boathouse, dock or pier (Ord. 87-16) (See Section 6, Subd. B) Signs as herein regulated Fences as herein regulated Parking as herein regulated Transient merchants regulated in Section 10 (Amended Ord. 86-07) Transient produce merchant as regulated in Section 10 (Amended Ord. 86-07) Administrative offices, meeting rooms, classrooms, and food preparation and service areas in a Place of Worship, the uses of which are incident and directly related to the primary use. Amended Ord. 89-02) Secondary uses customarily incident to the permitted or conditional uses allowed in the district, unless otherwise regulated by this Ordinance. Amended Ord. 89-02) Day Care Facility serving 12 or fewer persons in a Single Family Detached Dwelling. DRAFT AMENDMENT NO. 5 HEARING DATE: June 26, 1990 DESCRIPTION: Amend the Zoning Ordinance so as to not allow for private streets. SECTIONS INVOLVED: Section 9, Subdivision B, 4. h. EXPLANATION/PURPOSE: The City Council on April 17, 1990 acted to direct staff and the Planning Commission to develop the appropriate amendments to the Zoning Ordinance and Subdivision Code which would not allow for private streets. The City Council has deliberated this subject for some time and has concluded that the City Codes and Ordinances should not provide specifically for private streets as a matter of right. There are several cases in the City where private streets have been allowed and the City has come to regret it in the sense that the residents along those streets have voiced concerns about having to maintain the private roads and streets without City assistance even though they pay taxes. Also, private roads and streets have been shown to deteriorate and are difficult to maintain without full replacement which can be a very expensive proposition for a single development. The Zoning Ordinance in the Planned Unit Development provision has provided for standards other than those applicable to conventional subdivisions with respect to streets. Design flexibility can still be provided following this amendment; the basic standards for streets however would remain where they predominately are in most communities, in the Subdivision Code and in the design manuals adopted by the City Council and enforced by the Engineering Department. The proposed amendment eliminates the "double standard" which suggests that private streets are acceptable as an alternative. CONCLUSIONS/RECOMMENDATIONS: The amendment is responsive to the City Council direction to amend the Zoning Ordinance to not allow for private streets. I have reviewed this with the Public Works Director and with the City Attorney and we recommend the following: Amend Section 9, Subdivision B, 4. h, by deleting the last sentence of the text ("The following table shall be used as a guide and shall be the minimum street standards for all streets, public or private, within a P.U.D.:"), and delete the table, "P.U.D. Street Design Standards" in its entirety. Attachments pc/bt/6-26.5:jw) PLYMOUTH ZONING ORDINANCE predetermined reasonable standard. under the ownership of one of the appropriate: Section 9, Subdivision B These common areas may be placed following, depending which is more 1) Dedicated to public where a neighborhood wide use would be anticipated. 2) Owner control when property not subdivided. 3) Property Owner's Association, provided all of the following conditions are met: a) The Property Owner's Association must be established prior to any sale. b) Membership must be mandatory for each owner, and any successive buyer. c) The open space restrictions must be permanent, not for a given period of years. d) The Association must be responsible for liability insurance, local taxes, and the maintenance of residential and other facilities. e) Landowners must pay their pro rata share of the cost and the assessment levied by the Association that can become a lien on the property in accordance with Minnesota Statutes. f) The Association must be able to adjust the assessment to meet changed needs. g. Covenants, Easements and Restrictions: The final plan shall identify and contain such proposed covenants, easements and other provisions relating to the bulk, location and density of such residential dwellings, non-residential uses and public facilities as are necessary for the welfare of the Planned Unit Development and are consistent with the best interest of the entire City. All or any of the covenants, easements and other provisions, if as part of the final plan may be modified as deemed necessary by the City Council when the final plat is approved, for the preservation of the public health, safety, morals and general welfare of all City residents. h. Streets, Utilities, Services and Public Facilities: The uniqueness of each proposal for a P.U.D. requires that specifications and standards for streets, utilities and services may be subject to minor modifications from the specifications and standards established in this and other City ordinances governing their construction. The City'Council may therefore waive or modify the specifications or standards where it is found that they are not required in the interests of the residents or of the entire City. The 9-12 PLYMOUTH ZONING ORDINANCE Section 9, Subdivision B plans and profiles of all streets, utilities and services shall be reviewed, modified if necessary, and approved by the City Engineer and Building Official prior to the final approval of the P.U.D. plan by the City Council. All P.U.D. projects shall be served by public water and sewer system- All utilities including electrical shall be placed underground.tThe following table shall be used as a guide and shall be the minimum street standards for all streets, public or private, within a P.U.D.: P.U.D. Street Design Standards Street Description Residential Non -Residential Traffic (ADT)* Less Than 400 400-1,000 Over 1,000 Pavement Width** in feet No Parking 20' 26' 44' 44' Parking One Side 26' 32' 44' 44' Presumed or Actual Right of Way Width 40'-44' 44'-50' 60'-66' 60'-10' Sidewalks*** None ONE OR BOTH SIDES Street Slope**** 0.5%-10% 0.5%-10% 0.5%-8% 0.5%-8% Anticipated Speed 20 25 30 30 Axle Load Design***** 7 ton 7 ton 9 ton 9 ton ADT (Average Daily Traffic) is used as a measure of the number of vehicles using a road during an average 24-hour period. Values shown are minimum. Conditions may require variations in pavement widths. Lack of specific requirements may make sidewalks on one or both sides of higher volume residential and of non-residential streets unnecessary. Values shown are a range. Topographic conditions may require variations. As defined in the Minnesota Highway Department Road Design Manual. i. Transition Design: 1) The City Council has determined that specific standards and guidelines are necessary and desired with respect to the transition of Residential Planned Unit Developments particularly where such development contains housing types other than single family detached dwellings, and abuts existing or future residential development containing single family detached dwellings. M93 Planning Commission Minutes June 26, 1990 Chairman Plufka introduced a continuation of the Public Hearing that was opened at the June 13, 1990, Planning Commission Meeting concerning six Zoning Ordinance Text Amendments that were proposed by staff: 1 - Flood Plain Regulations; 2 - Residential Facilities; 3 - Shoreland Private Recreation Facilities; 4 - Planned Unit Development Attributes; 5 - Private Streets; and, 6 - Temporary Real Estate and Other Signs. Chairman Plufka announced each of the Text Amendments under consideration and asked if any member of the public desired to address the Planning Commission at the Public Hearing concerning these amendments. No members of the public requested to be heard. Chairman Plufka closed the Public Hearing. Commissioner Tierney inquired as to whether the proposed Text Amendment No. 3 - Shoreland Private Recreation Facilities - related to a recent Board of Zoning Adjustments and Appeals' petition involving a picnic shelter adjacent to Palmer Lou Lake. Coordinator Dillerud indicated that the Council direction to consider Zoning Ordinance Amendment regarding Private Shoreland Recreation Facilities resulted from the City Council deliberation of that Zoning Ordinance variance action. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE - TEXT Tierney, to recommend approval of the Zoning Ordinance Text AMENDMENT NO. 2 Amendment No. 2 concerning Residential Facilities. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED MOTION by Commissioner Wire, seconded by Commissioner Zylla, MOTION TO APPROVE - TEXT to recommend approval of the Zoning Ordinance Text Amendment AMENDMENT NO. 3 No. 3 concerning Shoreland Private Recreation Facilities. Roll Call Vote. 3 Ayes. Commissioner Tierney and Chairman VOTE - MOTION CARRIED Plufka Nay. Commissioner Marofsky abstained. MOTION carried. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE - TEXT Marofsky, to recommend approval of Zoning Ordinance Text AMENDMENT NO. 5 Amendment No. 5 concerning Private Streets. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Planning Commission Minutes June 26, 1990 Chairman Plufka then continued the Public Hearing concerning Zoning Ordinance Text Amendment Nos. 1 - Flood Plain Regulations; 4 - Planned Unit Development Attributes; and, 6 - Temporary Real Estate and Other Signs until the meeting of July 11, 1990. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 2 1990 DATE: June 27, 1990 for Council Meeting of July , TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS We have received requests from the developers for he ACTION REQUESTED: completed work in their developments. bond reduction to reflect comp made inspections of the work are: that the attache City has ted. These developments resolutions be adopted. (87134) 1. Quail Ridge of Plymouth 4th Addition 85108) 2. Westwood Ridge 2nd Addition jo n R. Sweeney JRS:kh attachments: Resolut10 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: 7tCXX meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 90 - REDUCING DEVELOPMENT BOND WESTWOOD RIDGE 2ND ADDITION (85108) WHEREAS, in accordance with the development contract dated March 2, 1987, Graham Development Company and Commercial Excavating, Inc., developer of Westwood Ridge 2nd Addition (85108), 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 Grading permit No. 8996) Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL z44s 4IN0111 Zvi 99,790 0- 45,047 0- 37,480 0- 23,963 0- 6,000 2,200 0- 0- 600 0- 0- 0- 0- 0- 25,546 264 238,426 $ 2,464 That the letter of credit required for the above items be reduced as detailed above from $41,719 to $2,464 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- 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 July 2, 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)YX XX'n axx t MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 26, 1990 For City Council Meeting of July 2, 1990 fig, L TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: APPROVE PLANS AND SPECIFICATIONS AND ADVERTISE FOR BIDS ROCKFORD ROAD PLAZA STREET, UTILITIES AND SIGNAL SYSTEM IMPROVEMENTS CITY PROJECT NO. 948 ACTION REQUESTED: Adopt the attached resolution. BACKGROUND: At the February 26, 1990 City Council meeting, plans and specifications for City Project No. 948 were ordered. These plans included the improvement of Vinewood Lane within the Rockford Road Plaza Development from County Road No. 9 north and east to Northwest Boulevard. Northwest Boulevard will also be improved by widening with concrete curb and gutter from County Road No. 9 to approximately 45th Avenue North. Additional turn lanes will be provided on County Road No. 9 along with widening of the southbound 494 exit ramp. Traffic signals will also be installed at County Road No. 9 and Vinewood Lane along with revisions to the present signal systems at the exit and entrance ramps from Highway 494. Final plans and specifications for City Project No. 948 have now been completed and we are requesting approval and ordering the advertisement for bids. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution which approves the final plans and specifications and orders advertisement for bids with bids to be received Thursday, August 2, 1990. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1990. The following members were present: The following members were absent: XXX XXX XXX introduced the following Resolution and moved its adoption RESOLUTION NO. 90 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS ROCKFORD ROAD PLAZA STREET, UTILITIES, AND SIGNAL SYSTEM IMPROVEMENTS CITY PROJECT NO. 948 WHEREAS, pursuant to a resolution passed by the Council on February 26, 1990 the City's Consulting Engineer, Strgar-Roscoe-Fausch, Inc., has prepared plans and specifications for the improvement of Rockford Road Plaza street, utilities, and signal system improvements by the installation of watermain, sanitary sewer, storm sewer and street improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. 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 Thursday, August 2, 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. XXX *** XXX OUTLOT A AVENUE r-A —I e. IOUTL OU EU SUSTRGAR-ROSCOE-FAUSCK INC. CONSULTING ENGINEERS TRANSPORTATION : CTVIL- STRUCTURAL ENCNEERS IAN'DSURVEYORS PARKNG Suite 150, One Carlson Parkway North Minneapolis, Minnesota 5-1"7 61 2) 475-001 4- POND tROCKFORD ROAD PLAZA/ Ir rr tl ED UTLOT D c CITY OF PLYMOUTH VINEWOOD LANE/ C.S.A.H. 9 AREA CITY PROJECT NO. 948 LEGEND EXISTING ROAD PROPOSED ROAD EXISTING STORM SEWER PROPOSED STORM SEWER PROPOSED CURB BY OTHERS FIGURE 2 PROPOSED STREET & STORM SEWER IMPROVEMENTS COMMISSION NO. 0891258 r L o d i 1 1 1 1 1 1 VINE OD LANE C' ix o U W Z z 0 W X cr w W a a i) J ir Z cr W W3 a W N N cr O N o N cr N O C Z a 0 x W a a l i----- TH. 494 \\\ i cri W w E, 12 In N 000 0 z 0 0 u aoerO zz u W O 99 IL. r F I I 144THAVE. z I j =-1- W 3 3 0 W 0 o cn a cr IrN coir oa W 0 U) cr G 0 W WII Z O F- OO c f= to a N n. a 00 n w O x W cr d w a a C W I 4-4- w z V WY J O 0 rpz Ow I Qw w C4 N p ppO w o z ow o`n w uu MEMO CITY OF PLYMOUTH *b,''` 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 27, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: STORM WATER DRAINAGE POND NO. BC -P1 CITY PROJECT NO. 016 ACTION REQUESTED: Approve the attached resolution accepting the Preliminary Engineering Report and refer the report to the Special Assessment Committee. BACKGROUND: The City Council has authorized the preparation of a Preliminary Engineering Report for Storm Sewer Drainage Pond No. BC -P1 and its outlet as part of the 1990 Capital Improvements Program. James M. Montgomery, Inc. has completed the report for approval. Two alternatives have been considered. Alternate A includes construction of a temporary open channel between County Road 101 and Medina Road at a total cost of $95,200. Alternate B includes installation of a storm sewer through this area at a total cost of $124,100. Neither alternate includes the acquiring of easements. Since the open channel would require a much greater easement, it may be the more costly alternative. The engineer recommends the construction of Alternate B. As part of this study, the Minnesota Department of Natural Resources, the U.S. Army Corps of Engineers, the Bassett Creek Water Management Commission, and some affected property owners have given comments concerning the contributing area of Pond BC -P1. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council accept the Preliminary Engineering Report and refer the report to the Special Assessment Committee for their consideration. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: 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: 7C ACX fiCiC 7rC CX introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - RECEIVING PRELIMINARY ENGINEERING REPORT AND REFERRING REPORT TO THE SPECIAL ASSESSMENT COMMITTEE STORM WATER DRAINAGE POND NO. BC -P1 CITY PROJECT NO. 016 WHEREAS, the City of Plymouth as part of the 1990 Capital Improvements Program is proposing drainage improvements to Pond BC-Pl by providing an outlet and down stream drainage facilities; and WHEREAS, James M. Montgomery, Inc. was designated as the consulting engineer for the project, and a Preliminary Engineering Report was ordered as part of the 1990 Capital Improvements Program; and WHEREAS, the report for the improvements of Storm Water Drainage Pond No. BC - P1 has been prepared and is being received by the Council on July 2, 1990; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Special Assessment Committee shall consider the report and proposed assessments prior to ordering a public hearing. 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. LXX X)YX 7CXX MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 26, 1990 For City Council Meeting of July 2, 1990, TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: AWARD OF CONTRACT WELL NO. 13 CITY PROJECT NO. 013 ACTION REQUESTED: On Tuesday, June 26, 1990 bids were received for the drilling of Well No. 13. Attached is a letter from the consulting engineer recommending that the contract be awarded to the low bidder, E.H. Renner & Sons for Well No. 13 in the amount of $132,180. BACKGROUND: Due to uncertain subsurface conditions in this area, the bid included an alternate for a test well. The test well alternate bid is 15,400 and the main production well bid is $116,780. We are recommending an award which includes the test well. The total bid of $132,180 is 2% below the engineer's estimate. RECOMMENDATIONS AND CONCLUSIONS: Attached is a resolution for City Council adoption which approved the award of the Well No. 13 Contract to E.H. Renner Sons in the amount of $132,180. Daniel L. Faulkner, P.E. DLF:dkc:kh attachments: Resolution Letter Map 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 - RESOLUTION AWARDING BID TEST AND PRODUCTION WELL NO 13 CITY PROJECT NO. 013 WHEREAS, pursuant to an advertisement for bids for the drilling of Test and Production Well No. 13, and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: E.H. Renner & Sons $ 132,180.00 Layne Minnesota 133,562.20 Bergerson-Caswell 137,470.00 Keys Well Drilling 147,505.00 WHEREAS, it appears that E.H. Renner & Sons 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 E.H. Renner & Sons in the name of the City of Plymouth for the drilling of Test and Production Well No. 13, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of $132,180. 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 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. ACX iC 'C YX I 7 CXX r rr AdEr ASEH ENCJNEERS • ARCHMECTS ptMfNEitS June 27, 1990 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 353$VAQNAK,, CENMR DWi; ST RfAUi. MINNE507A 5St 7Q 672 490-2o00 RE: PLYMOUTH, MINNESOTA WELL NO. 13 CITY PROJECT NO. 013 SEH FILE NO: 90187 Attn: Dan Faulkner, City Engineer On Tuesday, June 26, four bids were received for the construction of Production Well No. 13 with an alternate bid for an associated test well. The combined bids ranged from a low of $132,180 to a high of $147,505. The Engineer's Estimate for the project was 135,000. The combined low bid was submitted by E.H. Renner & Sons of Elk Riven. The bids have been reviewed by our office for mathematical errors. A complete tabulation of all bids is attached for your preview. Because of the inconsistencies experienced in the past with the geological formations in this area, we would recommend that the alternate bid for the test well be included as part of the award. In our previous experience with E.H. Renner & Sons, we have found them to be a reputable contractor with the capabilities of completing this project in accordance with the specifications. Please call if you have any questions. SDC/cih Enclosure SNORT ELLtO7, NENORICKSON 1NC. ST PAUL, MINNESOTA Sincerely, Steve Campbell, P.E. CHIPPFWA FALLS, WIS',70WN nF,, 20 90 08:45 Alf PO^ JUN -28-1990 08:50 FROM SEH INC. TO PLYMOUTH P.03 A 6K • 1 H 1 A to V7FAI 1 4 1 M w M y H OOthO z w 1.1 zx3 o wotr x e•ac.a y A E N 4 o la o Q o Q O O Q Q Q Q O O O O O O O O O O O O O O O O O Q Q Q Q 4 O O O O O O O O O O QI IA rsS b !' w ri 10 N •-t w e+f rs N w p Q p Q Q Q O O p Q Q 0 0 0 0 0 0 0 0 0 o v o vo+ cora O r0. cOv o 0 0 0 0 0 0 0 0 0 0 0 0 0 O u; O O O b b b O O b m N r4 rt M .d w 0 0 0 0 0 0 0 0 0 0 0 00 w 1-t rl w 0 w 0 0 0 0 0 0 0 o Q p p p o Q o 0 0 0 0 0 0 0 0 O b O o o O p p O h O p o o Ie, 0 0 0 o Q n Q 440 c0v 1rr +°Di N p o 0 o a o 0 0 0 0 0 O O O p Q Q O IIT O O O a 0 o o I4 o 0 0 o Q o 0 0 0 0 0 0 0 0 0 4 QO O O O o 0 0 0 0 0 0 CA M 0 0 a H 0 v to N N w m rl w w 0 0 0 0 0 o C p O O O 0 o n to o v o 0 0 0 0 a ev o 0 0 0 0 0 0 o a 1 Aff A O w O . d 40' f 0 O QI N N a la l i (0d N N ti N w z lO- 1 b1 Lt/ Ou b. yi :1 U O co d a a a •a v a ci x a a Wo x ax o a a . o E TW + d U Q hNt t9 H N R7 C7 al c a x In to z x x U , er~! t W a H a O 1: cx E-1 U G O W A N a roi N z x o c ca at to fn H Q Q 0U' W iA Vl Ak E f ?M fti fT r .t .t N N 0 . t r O N th N O b w O w b w N N e'y in In b O t0 A O O O O O O O O O O O n n C% N N n [. N N N N N N N N N N N QO O O O M w 0 0 In N p b N r, 0 H N 0 Iri w r{ JUN -28-1990 08:50 FROM SEH INC. t ai 10 p O O O O O O O O I O r 0 ou o o O O o tri 1 h n Q Ln h N p a O 0 0 O N t- to O .-1 4 O rl t ttl a a1 O N "A 1 ! 0 rl t e! N 1 +•I N O O o O O O O O O N at N O O b O O O 1 N O O O O C O O O O 1 0 O O O o 4 O O O 0.11 0 O 0 0 O t7 O O 0 wool 0 o O O >n o o O 1 z` Iry a i "% trl 1rtN 0 0 o O v 0 0 0 0 o d O O O O O 0 O O O O N IOtf 0 O O O O O O O O Q I O N o O n 0 O o o a tr t N 0 o a+ o o a o o M s to 0.4 in N m In 1 (7 I rl a O O W!O O O C Q O M •moi O OO O o .t to m0 O O o 0 0 0 0 o O+ O s 0 o v o v o Q o o l o a OO o 0 0 0 0 0 0 1 0 0 0 0 w v a v o 0 1 m r L0 to M W' r4 a I ": 1 to 1 N It 1 rl p O O O O O O O O Q Q O O O O O O O O t7 OO O O 0 o N N 9-10 0 0 0 Ln 0 Ln a1 to co«mt rt V-4 W N r1 tz ayZnWCpOO N d! 1 N w y tl A W DC x rt H x ice+ c~A O W WjH• rt W aH td d tD w tl + tl kC is H O Z N .Z. O K y a aaa A A A A V F d E E0a TO PLYMOUTh T/ —^t In M^ WELL WELL NO.2 N0.3r-------1 I _) ENO 1.0 MG ELEVATED RESERVOIR CENTRAL WATER TREATMENT PLANT a WELL 1 WELL WELL N0.5 NO.4 N0.6 rd AVE. N0. Y Q CID O fr Q. m Z a PROPOS D RAW W Z WATER PIPING 21 st AVE. N0. 2 12•• 6 WELL WELL N0. 12—/ N0.7 PROPOSED WELL NO. 13 4 ENGINEERS 6 ARCHITECTS R PLANNERS O 19th AVE. LEGEN D: 10 EXISTING WELLS El FUTURE WELLS OVERSIZED CASING WELLS LOCATION MAP FILE N0. 90187 CENTRAL WELL FIELD DRG. NO. PLYMOUTH, MINNESOTA 1 JI I MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 kJ - /, L DATE: June 26, 1990 For City Council Meeting of July 2, 1990,,,-- TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Works FROM: Daniel L. Faulkner, City Engineer SUBJECT: AWARD OF BID 25TH AVENUE TRUNK WATERMAIN CITY PROJECT NO. 908 ACTION REQUESTED: Adopt the attached resolution awarding contracts for City Project No. 908. BACKGROUND: Bids were received for the 25th Avenue Trunk Watermain, City Project No. 908 on June 26, 1990. Attached is a letter from the consulting engineer recommending that the contract be awarded to the low bidder, F. F. Jedlicki, Inc. Included within the attached resolution is a tabulation of all bids received. The low bid is approximately 276 below the engineer's estimate included within the Preliminary Report. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the resolution awarding the contract for City Project No. 908, 25th Avenue Trunk Watermain, to F. F. Jedlicki, Inc. in the amount of $239,486. Daniel L. Faulkner, P. E. DLF:dkc:do attachment: Resolution Letter Map 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 7fX C adoption: meeting of the City Council of day of , C XX introduced the following Resolution and moved its RESOLUTION NO. 90 - RESOLUTION AWARDING BID 25TH AVENUE TRUNK WATERMAIN CITY PROJECT NO. 908 WHEREAS, pursuant to an advertisement for bids for 25th Avenue Trunk Watermain Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID F. F. Jedlicki 239,486.00 Latour Const. 248,157.75 Glendale Cont. 253,664.00 C. W. Houle 264,795.25 Nodland Const. 282,906.60 Northdale Const. 288,710.50 Hennen Const. 296,232.00 B. & D. Underground 309,041.00 G. L. Cont. 328,927.50 WHEREAS, it appears that F. F. Jedlicki, Inc. of Eden Prairie 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 F. F. Jedlicki, Inc. of Eden Prairie, MN in the name of the City of Plymouth for 25th Avenue Trunk Watermain, City Project No. 908, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of 239,486.00. 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 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. t 1X X 'XX 7C I 1. June 27, 1990 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attns Mr. Fred G. Moore Res 25th Avenue Trunk Water Main Improvements Project No. 908 File No. 70255 Dear Fred, On Tuesday, June 26, 1990• sealed bids were received for the above referenced project. A total of nine (9) bids were received. The bids have been checked. tabulated, and reviewed. Five copies of the tabulation of the five low bids are enclosed. The low bidder is ?. F. Jedlicki„ Inc. with a total base bid of $239,486.00. This bid is approximately 271 lower than the Engineer's Estimate of 328,708.60. The reason for the difference between the low bid and the Engi- neer's Estimate is that the market for construction projects has been very competitive this year. F. F, Jedlicki, Inc. has completed several projects in the past for our firm. The work on these projects was satisfactorily completed. We recommend award of the project to F. F. Jedlicki, Inc. as the low bidder in the amount of $239,486.00. Yours very truly, ONESTI00, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel J. Edgerton, P.E. DJEsli Enc I. 30 2335 West Highway 36 0 St. Paul, Minnesota 55113 a 612-636-4600 cW G, 87sezm Pk. Nth A. Cvfd +. RE, Junes R. M**N. Pe. r AMersos P.E. Thomas R Anderson A LA, GuY f Ryynecr. PE Sones t roo 00bed W aozv- P.E. Joseph C. Ar*ft PE whaed W roe PE oo natd t kg%iardt RE, Kenneth Ma& R. Rohs, PE. B. " p.E. MAt , x' Phfp Gravel fR PE nn Marvin L, Sorv1$$ PA. Rkhaml E. dimer PE. Jerry A. 6ourdcn, Re. Mark MOrnso. U. ftbtn c, Rw;& A.I.A. Thomas E. Maus PE. A P.=. G Rene C. PIumM AIJ1. AprKs M. Rin$ ICPo,S4ne rv,.1 1r DARik & M C. OWN P.E. Glenn R, Cdak. PE Ted K. fkkl, PE, h4"I T. RautMMM PE, Howard sar tord, OanrN J. 5dperton PE PC levy Q Pcrer R.. C«It o . P.E. tderl Thor= G. Noyn K Rubcn R. ftfft Pk. Re, Mark A. $NP, Pimp I tarmt PA, Charles A Ertekwrs Associates Room G. sehunkht RE. Susu+ M, Merin, CPA, 029V 0 Inskoa. Thomas W I' MrsOr4 PE. hmaN Martina• P.E. LeoM, km MVW1 C. 4,nm P.E. Mark 0. Watit4 PE. Engineers & Architects June 27, 1990 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attns Mr. Fred G. Moore Res 25th Avenue Trunk Water Main Improvements Project No. 908 File No. 70255 Dear Fred, On Tuesday, June 26, 1990• sealed bids were received for the above referenced project. A total of nine (9) bids were received. The bids have been checked. tabulated, and reviewed. Five copies of the tabulation of the five low bids are enclosed. The low bidder is ?. F. Jedlicki„ Inc. with a total base bid of $239,486.00. This bid is approximately 271 lower than the Engineer's Estimate of 328,708.60. The reason for the difference between the low bid and the Engi- neer's Estimate is that the market for construction projects has been very competitive this year. F. F, Jedlicki, Inc. has completed several projects in the past for our firm. The work on these projects was satisfactorily completed. We recommend award of the project to F. F. Jedlicki, Inc. as the low bidder in the amount of $239,486.00. Yours very truly, ONESTI00, ROSENE, ANDERLIK & ASSOCIATES, INC. Daniel J. Edgerton, P.E. DJEsli Enc I. 30 2335 West Highway 36 0 St. Paul, Minnesota 55113 a 612-636-4600 V f' — i — .' - L•J C lJ 1 L> t: U f'4 C 1 N: V k—, k— L H 1 t vwi} DM CL Co a M V R y g g 8 8$$ 8 J t11 N N M 8ggg 888 M w 88888 r% M r 8888888 88888888, tv r St8 888,$, M p p Qr N 88888,88,8 w 0-o r M w 88888p88S r N 8888888888 N y N N r M 8888888888 g8 8888888 8888888888 8B 888$88,8 r. w• r t+ pp p r r wj rp' 8 p 8 8 8$$$$ S V- R g g M g g$ 8 8 8 8 w r ro M v p p p pp r O 8 88Q 118y O8 (8p 1 6Q Opp 8S 8 N r M N N N H• - Vl J A H YT In 4 0 L M ZM M M N H V M F 7 y, L Vl u a r a M V R y g g 8 8$$ 8 J t11 N N M 8ggg 888 M w 88888 r% M r 8888888 88888888, tv r St8 888,$, M p p Qr N 88888,88,8 w 0-o r M w 88888p88S r N 8888888888 N y N N r M 8888888888 g8 8888888 8888888888 8B 888$88,8 r. w• r t+ pp p r r wj rp' 8 p 8 8 8$$$$ S V- R g g M g g$ 8 8 8 8 w r ro M v p p p pp r O 8 88Q 118y O8 (8p1 6Q Opp 8S 8 N r M N N N H• - Vl J N W I u r a Q W I MC V 3 u ta 0 L pu a N 9 I - M 888888538888888gg888 88888oQ8$$g88$8$$8 888g8g8888885888888 gg8$8885* 9-g8888 0 V% b r r CCr r $$N r r 8$8888888$588888888, 14 4 8 8 8 8$$$ 8$$ 8 5t 9$ S S 8 r pr 8888888S88SNq 0(78518 rf 8 8 8 8 8 8 8 8 8 8$ 8 8 8 8 8 8 8 8 h N N N b r• N r r + N w 888888888888555888 Y OD Ml ri'1 '+ a W% V% .. r r r r tWI111 {{,}} fq W w w W J J J J N N J N N G W fA- A m J I.JN—' r —'_+ LJEU 1 _7 = 1 J3L ME5 T RULJ 23. i-S(JC_ 1 Fi 1 t5 Ii 1-' . b 1 W W qqN m W Yy H Wy1••' 1-' . b 1 z w z a J a cr 9 Q 271H AVENUEI N. 1 I 2 I 3 I 4 I 5 LOCATION PLAN SCALE: 1° - 200' MEMO i_ *g_N-3 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 26, 1990, for City Council Meeting of July 2 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: AWARD OF BID SWAN LAKE NEIGHBORHOOD PARK 1. ACTION REED: The attached resolution awards a bid to Ideal Paving in the amount of $153,467 for the construction of Swan Lake Neighborhood Park. 2. BACKGROUND: On May 7, by resolution No. 90-289, the City Council approved a comprehensive master plan for Swan Lake Neighborhood Park. On June 4, the City Council approved the final plans and specifications for the construction of Swan Lake Neighborhood Park and ordered the advertisement of bids for City Project Nu. 023. The bids for this project were opened at 10 a.m. on Tuesday, June 26. Bids were received from four companies as shown on the attached bid tab. The low bid was received from Ideal Paving from Brooklyn Park. The base bid was received in the amount of $144,392. I am recommending that the City Council also accept two add alternates. The first add alternate, in the amount of $2,100, will widen the trail that runs around the lake from eight to ten feet. We anticipate a lot of bicycling, roller blading, jogging and walking traffic going in a circular pattern around the lake. This trail will also serve as the main maintenance trail for servicing the entire park. The added width makes it easier for our maintenance vehicles to service the park, and it will be easier for snow removal in the winter. The second alternate is for $6,975 which is additional sod for the project. Due to the wet conditions we have experienced this year, we think it would be prudent to have available some additional sod to hold the steep banks within the park to prevent erosion. With these two add alternates, the total cost would be $153,467. As I reported in my May 30 memo to the City Council, the engineers last projected cost for the project was $160,000. Including the engineering cost of $8,900, the total cost including design and engineering is $162,367. 3. RDCCNMENDATIONS AND OONCLUSIONS: It is my recommendation that the City Council award the bid for the development of Swan Lake Neighborhood Park to Ideal Paving in the amount of $153,467. Eric J. Blank, Director Parks and Recreation EJB/np Attachments I CITY OF PLYM3M 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 - AWARDING BID SWAN LAKE NEIGHBORHOOD PARK PROJECT NO. 023 WHEREAS, bids were received and opened in accordance with City bid policy, and WHEREAS, the low bid in the amount of $153,467 was received from Ideal Paving, and WHEREAS, the City's consulting engineer, Barton-Aschman, and the Director of Parks and Recreation, have recommended awarding of bid to Ideal Paving, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the bid for Project No. 023, Swan Lake Neighborhood Park, is hereby awarded to Ideal Paving in the amount of $153,467. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. c 3 C 4D LIM W N 0-+ V/ wi+ W N a- W aD In y aornr O a, N N V 011 p V In In z o a In m O OD zc v m F- z a a mzzm7oma r m o z 7C a o ma o z m x aimtool f'7 m y Cl*) O O C) c r 0 i z z o zCD 0 C a Vn c z SrcoNzI0Mii S1n0" V) 70 m c n mozo--Invnzo Cl Z o n c o C' o n o z N c 3 Cr r c c z 3 m Cl c N 1 On S In O V Lnm O 0o O W aD In y aornr O a, N N V 011 p V In In In O OD N N r Ln In o O O O O 0 0 0 0 Cr r c c z 3 m Cl c N 1 On S In O V Lnm O 0o O W aD In y aornr O a, N N V 011 p V In In In O In Cr r c c z 3 m Cl c N 1 On S 0o Lnm 0o O W aD In y aornr O a, O N 011 In O Cr r c c z 3 m Cl c N 1 On S Barton-Aschman Associates, Inc. 111 Third Avenue South. Suite 350 Minneapolis, Minnesota 55401 USA June 28, 1990 Mr. Eric Blank Director, Parks and Recreation City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Swan Lake Park Bidding Dear Mr. Blank: Prone: (612) 332-0421 Fax: (612) 332-6180 ; The apparent low bidder for the Swan Lake Neighborhood Park is Ideal Paving Company, 4129 85th Avenue, Brooklyn Park, Minnesota 55443. The firm's bid of 144,392 has no apparent mathematical errors. At our request, Ideal provided three references for park construction. These references included the City of Coon Rapids, City of Brooklyn Park, and the City of Brooklyn Center. Sebsequent contacts with each of these communities indicated that Ideal had provided average or above average services for projects constructed within the last three years. Based upon this information, we recommend that Ideal Paving be awarded the low bid for Swan Lake Neighborhood Park construction. We suggest that the City of Plymouth request from the contractor a list of all subcontractors that Ideal intends to utilize for construction as well as a schedule of construction to be followed for Swan Lake. Sincerely yours, BARTON-ASCHMAN ASSOCIATES, INC. fa Barry 1 Warner Princi 1 Associate BJW:kro r, F. 'P r-^ 9n:27 P.N. Pot MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: CERTIFICATES OF CORRECTION SUBDIVISION PLATS WIR ACTION REQUESTED: Adopt the attached resolution requesting that the Hennepin County Surveyor check Certificates of Corrections to subdivision plats before they are submitted to the City for approval. BACKGROUND: Attached is a letter received from the Hennepin County Surveyor regarding Certificate of Correction to subdivision plats. As stated in the letter, after subdivision plats are recorded, at times, errors are discovered. These errors normally involve a distance or direction shown along one of the property lines on the plat. As an example, the City Council approved one of these at the June 18 Council meeting. The County Surveyor is requesting that the City concur with his recommendation that he will provide services to make sure the certificate is proper and correct before it is submitted to the City for approval. The land surveyors who discover the errors would first submit the certificate to the County Surveyor for their verification. If everything is in order, it would be then submitted to the City for approval. RECOMMENDATIONS AND CONCLUSIONS: I concur with the County Surveyor's recommendation that they provide the services to verify Certificates of Correction regarding subdivision plats. Fred G. Moore, P.E. FGM:kh attachment: Resolution Letter 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 - CERTIFICATES OF CORRECTION SUBDIVISION PLATS WHEREAS, errors have been found in subdivision plats that have been filed with Hennepin County, and WHEREAS, Certificates of Correction have been filed to correct these errors, and WHEREAS, the Hennepin County Surveyor has offered to verify that information contained in a certificate is correct; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that the Plymouth City Council requests that the Hennepin County Surveyor review subdivision data provided to them by the surveyor for the subdivision, before a Certificate is submitted to the City. FURTHER BE IT RESOLVED, that the City understands that there will not be a charge for this service. 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 XacX XXX SURVEYOR A703 Government Center HENNEPIN Minneapolis, Minnesota 55487-0073 LIUPhone (612) 348-3131 Crossroads To Service June 12, 1990 James G. Willis, Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Mr. Willis: In 1851 the territorial government of Minnesota enacted legislation to permit filing of lots and blocks for building sites in the form of subdivision plats. Since that time over 12,000 plats, representing hundreds of thousands of lots have been filed in our county. In any human endeavor errors and/or omissions creep into projects and the subdivision plat is no exception. In the 1950's the legislature provided the surveyor a means to put the public on notice that there was an error in a plat and to state the correct data. Over the years numerous Certificates of Correction have been filed. In 1976 the legislature provided that the municipality as well as a surveyor had to sign the Certificate of Correction before the County Recorder could accept the document for filing. This action provides the municipality with notice but few agencies are able to tell if the new data is any better than the old. The purpose of this letter is to offer the service of this office to provide your municipality with assurance that the data on a Certificate of Correction is in fact correct. We could check the data provided by the surveyor by comparing the new data against the old. If correct we would sign the certificate stating the information has been checked. We would conduct our review before the certificate is submitted to the municipality so that passage through your system would be as expeditious as possible. If this proposal is acceptable a resolution by your governing body requesting our participation would be appropriate. This would give us authorization to do the work as part of the County's continuing service to the municipalities and to contact the surveyors about the change in procedure. If you have any questions please let me know. Sincerely yours, 42 Bernard H. Larson, County Surveyor HENNEPIN COUNTY an equal opportunity employer r MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: ACCEPT WORK AND APPROVE FINAL PAYMENT NO. 3 COUNTY ROAD 6/FERNBROOK LANE TRAFFIC SIGNAL CITY PROJECT NO. 250 ACTION REQUESTED: Adopt the attached resolution accepting the work and approving Final Payment No. 3 for the traffic signal installation at the intersection of Fernbrook Lane and County Road 6. BACKGROUND: The contractor has completed the installation of the traffic signal at County Road 6 and Fernbrook Lane. Enclosed is a letter from the consulting engineer certifying the completion of the work in accordance the plans and specifications. The final amount of the contract is the same as the original contract amount, $53,056. There were no change orders approved with this traffic signal construction. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council approve the work and authorize final payment. c- Fred G. Moore, P.E. FGM:kh attachments: Resolution Letter 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: CXX its adoption: I introduced the following Resolution and moved RESOLUTION NO. 90 - REQUEST FOR PAYMENT NO. 3 AND FINAL C.S.A.H. 6/FERNBROOK LANE - SIGNAL SYSTEM CITY PROJECT NO. 250 WHEREAS, the City of Plymouth as owner and Ridgedale Electric, Inc. as contractor, have entered into an agreement for C.S.A.H. 6/Fernbrook Lane, Signal System, City Project No. 250 said agreement being dated September 25, 1989; and WHEREAS, the Engineer has certified his acceptance of the work and his approval of the final request for payment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $53,056 no change orders were approved and the value of the work to date is 53,056 and is herewith approved. 2. That the work performed by the Contractor for C.S.A.H. 6/Fernbrook Lane, Signal System and certified to the Council by the engineer as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 3 and Final in the amount of $7,760 to Ridgedale Electric, Inc. for C.S.A.H. 6/Fernbrook Lane, Signal System is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. 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. AXE X):X y l r DATE: PLACE: PROJECT: REQUEST FOR PAYMENT June 7, 1990 FOR PERIOD: FROM: April 1, 1990 Plymouth, Minnesota TO: May 31, 1990 C.S.A.H. 6/Fernbrook Lane Signal System PROJECT NO.: 250 CONTRACTOR: RIDGEDALE ELECTRIC, INC. 524 Brimhall Avenue Long Lake, MN 55356 REQUEST FOR PAYMENT NO.: 3 (Final) SUMMARY: SPECIFIED CONTRACT COMPLETION DATE: December 1, 1989 ENGINEERS FILE NO.: 0870902 BY: DATE: APPROVED BY: RIDGEDALE ELECTRIC, INC. CON RACTOR BY: z--- 1. Original Contract Amount 53,056.00 2. Change Order - ADDITION $ 0.00 3. Change Order - DEDUCTION $ 0.00 4. Revised Contract Amount 53,056.00 " 5. Value Completed to Date 53,056.00 6. Material on Hand 0.00 7. Amount Earned 53,056.00 v 8. Less Retainage 0% 0.00 9. Subtotal 53,056.00k-' 10. Less Amount Paid Previously 45,296.00 11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 3 (Final) $ 7,760.00 APPROVED BY: STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEER BY: of OWNER APPROVAL: BY: BY: DATE: APPROVED BY: RIDGEDALE ELECTRIC, INC. CON RACTOR BY: z--- SRFSTRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL STRUCTURAL PARKING LAND SURVEYORS SRF No. 0870902 June 13, 1990 Mr. Fred G. Moore, P.E. Director of Public Works CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: TRAFFIC CONTROL SIGNAL SYSTEM C.S.A.H. 6 AND FERNBROOK LANE PLYMOUTH PROJECT NO. 250 Dear Fred: Enclosed please find three copies of the final Request for Payment for the above referenced project. Also enclosed are copies of the as -built drawings for the project. The Contractor, Ridgedale Electric, Inc., has completed the project in accordance with the plans and specifications and we recommend final payment be made subject to the warranty provisions of the Contract. If you have any questions, please feel free to contact us. Sincerely, STRGAR-ROS COE-FAUSCH, INC. JM4 C/ / l , Craig M. Twinem, P.E. Senior Engineer CMT:bba cc: Gerald Wagoner, Ridgedale Electric, Inc. Jerry D. Smrcka, Hennepin County Department of Public Works Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612/475-0010 FAX 612/475-2429 MEMO CITY OF PLYMOUTH I , Q 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: ARCHITECTURAL SERVICES AGREEMENT PUBLIC WORKS BUILDING EXPANSION CITY PROJECT NO. 009 ACTION REQUESTED: Adopt the attached resolution approving the Architectural Services Agreement between BRW Architects, Inc. and the City of Plymouth for the proposed Public Works Building Expansion Project. BACKGROUND: At the June 18, 1990 Council meeting the Mayor reported the recommendations of the Architectural Selection Committee for the Public Works Building Expansion Project. The committee recommended that BRW Architects, Inc. be designated as the architect and that an agreement be prepared between the architect and the City. Attached is a proposed agreement between BRW Architects, Inc. and the City of Plymouth. The proposed project is divided into five work tasks and the City must authorize in writing authorization for the architect to proceed from one task to the other task. The total maximum architectural service fee is based upon the Feasibility Report which was previously prepared. The maximum costs for services would not exceed $170,000. After the architect completes the Final Needs Study and Schematic Design Phase, if the project has been altered substantially, this agreement would be modified. The services will be provided on an hourly basis with a maximum not to exceed amount. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution approving the Architectural Services Agreement and authorizing the City Manager to sign the agreement on behalf of the City. A Fred G. Moore, P.E. FGM:kh attachments: Resolution Proposed Agreement 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: q The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 90 - APPROVING ARCHITECTURAL SERVICES AGREEMENT BRW ARCHITECTS, INC. PUBLIC WORKS BUILDING EXPANSION CITY PROJECT NO. 009 WHEREAS, the City Council has designated BRW Architects, Inc. as the consulting architects for the proposed Public Works Building Expansion, City Project No. 009; and WHEREAS, an Architectural Services Agreement is necessary between the City and architect; and WHEREAS, a proposed agreement has been prepared by BRW Architects, Inc.; and WHEREAS, said agreement is acceptable to the City of Plymouth; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The the Architectural Services Agreement, dated June 21, 1990, between the City of Plymouth and BRW Architects, Inc. for the Public Works Building Expansion is approved and the City Manager is authorized to sign the agreement. 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 X w 4 I DAVID 1. SENNETT THRESHER SQUARE MARK G.SWFN$0N 7WTHIRD SPRFEtf SOUTH DENNIS J. SUTUFF MINNEAp01 S MN 55415 - DAVID L GRAHAM PHONE; W) 370-9W PETER E IARVIS FAX. 16121370-137b LXONALDW RINGROSE R .._W A_ R. C H I T E C T S I N C. June 21, 1990 Mr. Fred Moore Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Public Works Building Expansion Dear Mr. Moore: Thank you for selecting BRW Architects, Inc., to serve as Architects for the ex- pansion of the Public Works Building in the City of Plymouth, Project No. 009. This letter shall serve as a preliminary contract between the City of Plymouth and BRW Architects, Inc. A formal AIA B-141 Contract will be prepared in the near future. The scope of services for the study is defined in Section 6 of our proposal dated May 10, 1990. (See attached). The proposed compensation is based on the scope of work outlined in the Feasibility Report prepared by Bonestroo Rosene Anderlik & Associates. Assuming the scope of work does not change in any substantial way, BRW Architects, Inc., and our consultants, will work on an hourly basis up to a fixed maximum amount of $170,000, plus reimbursable expenses. Reimbursable expenses will be billed at 1.0 times their cost to BRW or our consultant. Reimbursables include travel costs, express mail, deliveries, reproduction, surveys and borings. Our schedule of hourly rates in attached. BRW Architects shall provide services consistent with the five-step list of tasks outlined in the proposal. We shall not continue to the next step of tasks without written confirmation by the City of Plymouth. AN AFFIUATE OF THE BE.NNETT. RINGROSE. WOLSFELD 1ARVIS GARTATIORDNLP. INC. GROUP ARCFIYM1NUEAPOLIS4 DENVER • PHOENIX • DMCN. PLANN TRANS - ST. PEER BUIRGERING 0F. 28. 90 09:0'7 AM FG_ Mr. Fred Moore June 21, 1990 Page 2 Additional services, if any must be authorized in advance by the City and will be provided on an hourly basis. If this proposal meets with your approval, please indicate by having James Wil- lis sign below. Sincerely, BRW ARCHITECTS, INC. 9f y . Oertel, AIA s oc to and Project Manager Accepted by: CITY OF PLYMOUTH James G. Willis City Manager Date: JLO/ag cc: James G. Willis, City Manager BRW ARCHITECTS, INC. MaG. Swenson, AIA Vi a President and Principal Date: -61 fiZ U BRW ARCHITECTS, INC. 1990 SCHEDULE OF HOURLY RATES Effective until March 31, 1991) CLASSIF CATION HOURLY RATE Principal 120.00 Principal 100.00 Vice President 77.50 Senior Associate 70.00 Associate 65.00 Senior Professional 57.50 Professional II 47.50 Professional I 40.00 Senior Technician 40.00 Technician III 35.00 Technician II 30.00 Technician I 25.00 DE. 2'. 90 09: 0 r AM F03 a a CL C" a N a a c J J fD nov 1w z a`< tv_ O O O rt O O O N CD tO 7r CID a a rt m rt J 4 C7 0 n et " f O N X J CD CD O n O r O et N C -t. rr 10 O et O w O N n O J O O 0-% co et CD n? a O CD O -+ O CA et c m et O O CD v c Cl) a CD O n c CD G m O E; d et et CA w w Q O' O. co E n to E CD CD a - P) rt C CD rr n CD x CA N G 'C O et n w to et w J rr r n 10 o O to rt- 10 rr N D J N CD O n O O CD CD w — r O et CD O O ? n m et O. n O n rt a w a O CD O CD n O C et n to rt Ln fi N et O O c r =r O' rr n O t< N n O w CD CD C' m O1 m CD x 0 N n n m 0 t:) w C a et O x et 0 s O CD 3 Cy tO —0 w CD s CD O O -C N w O m -3 O. A t< a. Cn r" -7 m -+ N O. CD N Ct rt• O CD O N tO w a -h O y O Q n" rt^ O CD O N CD E w ti, O CD rr CD w I to n s to o ct n Cr w w rt• w a n rh Or r v to rr -• 0 et N et rt S N et CD S Cl) - Cl a -+ N m a m=r C CA w CD CD O w O et y 0 m n? n O w -+, O d CD O m w O. CD CD O m 0 0. J w a c<a= n x Cn -3 et n n N m — i N O O et n O i o. m O N rt- tNAOmmJOOrCO '7 n et x rt O D O. i N C CD a = o etn 0 OS m a 3 t< C+ i t< = Ct Ct CO ID rr et E n w — tn m -+ O. CA O t< m J'O rt O Cr a+ m - rC m o c -s O C et + CA w CA N to w n m E Ct N o Cl+ n m CA m 0 J m n W m c m O. m -4 Or d to < -+ N n D M O a C w Cr n t< N i rt a rt y AJC O w O momt<=r J to O C et m_ rr J G m O. 1w- m o mrt•. n m rt O d m n? '0 3 CDp O LO n O rt• Cl) m m to -1t N a O w O n w rt• CZ ? J w Cn m m 0 N C O a CS et CD m rr c o m-4 m a J n:cmCIV et oCt 0 OW=rM v a rt -S a a r+ m C J J m J m w n 0 Cr w J S s 1 v -• t< n w rr m w Cl) 0-1 - 03 w a n atOOn J O ct J O W N m et n L- t< E CD CA n0 O N et N A et -1 C n n et rf rt i 7C' rt 0 0 0 0 S a Cn i N N CA w r rt i, d tO rt rt CO io m a 1 m n N A L w n C c O m C O' n O CL a a CL C" 0 N N t„v W W W W N N N N N N N N N N O 3 O O - O O A N CD m m m m i CD -S CD O CD CD O Cl) N < n M N m N < m -% et < < 7 ? N et 'D m m m n m U3 CD w o to m y m w O c O O w O f r m c Q m a et y n n n w O w c IE n .7 w '0 n CA - o C - CCD et -S et m CD -s O n m et O O N et O m -5 7 -+ N J m 'Det et n f O m 3 CD n a O et w O w n m et Cl) ct CD =r "ti C_X„ O -5 ct c O .Ar. CD CD y < et < -+ et O . W ` ct A n CD ? m et tG J i m J m a w n > n CD O w d C N y = n Cl) J Cl) a n e r et < -s W t'f n CD 0 CD ct N O J M O O n 0 et n H '* a 3 m O a N O i A -3 CD X a -'' to o w et et et "0 n O N J -1 o c m r* CD n > ti) et O n w m et N O mCDw aCL e* m mN i CL i O aCD N m-+ n Cf J CD N m J m 06 o c n i m CCD N_ CD to n 0 o n m et N COD eco O O O A w m m i CD i N a c a J i J Q m cND 3 CD v J et et 0 V et =1 ct CD m N m CD m O CAo o 0ertCDoto x -$ ti s wpi CD 7r n N i m t< CD c O 1 f 0 c a N m to i m 0)J mro C+ eot n et o o m O et m n N N n A m r N et V+ N N f eNt w n n i h 1, to c a n O A m CL A Ota J Q A n t-+ o m m c n c et r) i I < J m m a N i m• A O et N C w o n c i m m n v s a N A A A A A A A A A A A A A w w w w w r r r to OD V O Ul A W N r O tD OD V tT Ln N r O n v O N -0 't7 N -0 -0 N -V C7 -n -0 ; 'a ."O O tD U c -3 '7 c -1 -1 c -1 -s CD O O -+ -1 CD n CD O -+ r+ Cr tD tD¢ - fD CD Cr CD CD < 0 > > CD -,A CD 'Da. a 'D 3 'D 'D a "0 fl l'r N Pw "D - N a a w a a a CD r+ lw CD me* < I tD O rt -z -S r+ -s -S r+ -1 -S £ O "s -1 tD O N C n CD pr CD W CD pr c c G W rt CD 0 rt W O 0 CD r+ tD pr O r+ n O -r n r• -+ n — to c rt to r. O r+ rt O O c -- 0 W O O pr O O CD to -+ p rt .r. O O W 0 > > N > > N 3 O O to O N O t7 r+ O N r+ (A r+ n H O O O -+ CD O rt r+ Cr W Ai CD -b t1 n -A W n -4 CD < t7 d -% O e + t< n 'o r+ n > O O O N -+ O CD O a r+ 'D (A 0 n d O. 0 n CD n < n o. O+ N n N O r+ O e'+ O £ c CD O CD C7 e'+ CL o o r+ O -s O -s n O 3 to to i t cw " Do -3 rt a CD lio o r+ ell,n "0- O -C - D o a o 0 o a a r+ rt a a O n -Z n n -s n n N tD O D nCDWr+ r+ r+ CD r+ r+ CD r+ n O O o. O i tD O -ft O 's 'D CD rt rt m c Cl) rt -s to 0 CL O d -b O a to -1 < O to C) o o O -s o o -3 o c to o CD n rr - o a n r+ n -1 r* n c r r+ -3 O -s c c c 0 D' 0 -+ CDt< — a o. O a -s B -S a B - 'Dto -0 CD CD fD CD tD CD B n 0 O < O < O _0 rt 'D CD ..• CD 0 fD n r+ -+ r+ rt "s rt 0 a+ O D rt to tD N CD N O W -s O £ £ tr? r+ to 'D -1 tD £ rt CD rt — r V tJ1 N c W0 W O Co M O to to C-) D' -1 tnD CD CD m o. n r+ CD n CD '3 n CD r. t< CD n n n r+ CDty < n CD tD to O CD CD rt rt to n O £ r+ to n n n I CD 0 £ r+ r+ tD tD -+ U:) CD w D to OL r+ a w -% OL CD p, o. CA W D t v o 0 o w Q CD 1 rI TmwwTw"_wwzww•mwwW1 w N rt -fi N cn Ul M Ln CJi Cl1 C71 tJ1 tJ1 t71 CD O =r CD -r CD C7 S tD O V O C T1 A W N r O cD C+ - m w f A e+ 'p W 0 m H Or- m CCD m G N"D m CAD CD -S N A d o D 0< r fir CD s d 77 O A CD W w CCD w n 3 "D CAD s C+ w N n w o Nv a w yo w Q a) A 3 a a< w w r+ 0 n t< d CD n O CD O N CD c+ OC-- CO N CD N N -b w w m N 77 C A— N CD =- CS 7 A N CD fl N C C CD O. C+ w CD C CD w 1 w 77 C A O O O 0 O CAD w b Q CD N w C+ o w o C-+ M O N e+ CD CD A CDO rt D ww w af9ACD- CA N W d CL O O W W C+ r) N w A - O O 7 CD O O C+ e+ O r CD A CD = f rt CS w A N O CL O Q CD G O 3 "0 to A A S N O O O to C --h CD CL O A O m A O rt w A C to rt co A A co A N CD f CD N m cr O X CD M CD N -S Cl) O rt CD c CL C+ w o a. O w O 17rCDMbAN fl r O 0 A O A p p rt O w rt c+ 7 N r+ c O CD CS -1 CD O CD O O1 A o N CD 1 e+ Cl) b -b A w N C w C 0-4 OL r+ 3 rt CD - A AAwiwrtONe+ O rt 0- w o O w Nt< CD e+ O CD N N0 OID- 1 A A rt ? r w N N 7 a N rt w C CD 7 O CD G " D d CD -` D o rt c CD O O O A r+ CSC) Nr to 0 O cu CS CD m r— CD co O O N CD O O CD A o OL O d CD O N A N C1 O -b CD N C O O Pt'O C+ A C -P. w N 3 C+ M a o 1 N A CD CD mCD l'+ N A C f 7' CD o p N JW CD 7 tG rt rt O CD N O C p' aR c O C+ O g r CD + CD O 1 r CD A C+ o w O n rt C-+ -. a CD w CD or 0 O ct CD S O A A O N A CD w e+ CD :r w o w v o. rt tom ? o v c f O ftc CD A r OL s O A co A rh N s v w w w O A f 1 rt CD e+ O rt A C+ w D to O m w O CD t A N A w 1 rt o CD n w fD f A O N P+ N c't A O r O f m CD A NCN n e'r CA D A A 0 rt CBRW W MAI 64 L oil a r+• rt OQ ri) C CD rD r r C1Q• ry c,C 1110 R 3 o d u:3 n a a CBRW W MAI 64 L Qui .i i ftt{ !r{ / i i !i 1 r1 lig i• •' • SIU C-) CD N O O O O O O c N O O O O O O CD 3 N A+ n c m s A N o t IC-) C-) o m of z cn m t A z C N O O O CD X O A? A x A O N m N O w to CD s CD O e+ D CD 'O D ZS w w N w q O O rt io co CD N CD i s rt as H m a O 03asaa0 aa) a-0 0 Z OL O CD t't A n CD c N O O• C+ 3EOQ. N x rt CD CD N -i{ 7 CD e't CD n C+ N wO O N A n O O N 0 e+ O CD O S a 0 -3 o m a o 3 e+ ro o O N e 1 CD -+ A w CD a c 0 O N dc+ C a O E3 C rt i I 3 f Colt N CL a N A CD O O A O tCD 7r O CD CD e+ c O f< s O A CD O O c 3a C+ rn x• v W a — x• t w o A to w O w CD N x CD A N O A C+ t" t 7 A A i 7 N to c O A t't CD N O CD Cl) CD O A O. CD M CD CD — O I- CSa n c CD cr w CD f y N A O w A CSD c+ A N O 3 et O i A CD O A n O Z O A o to OLOt•+ n A N to W O. c C+ O A t -t tocrcAOnCDt•+ C+ A n c O to CD M n to O O c CD S N O n A ti N A w N A ioto0 0 CQna O Cl) p, r. r o n CD n N A -. N 0 CD A A 3 -1 t"F O O N t•+ C+ O CD co CD -1 O C+ r O A c CD N w Ht to A e -t CD N m A r+ S N A CD CD M e+ V A tT W W CD n N Co N OD O O N i- W C+ C c CD O O O O O m A Cl Cl OOO A s O m CD ONCDOn v D n N acDWfN cw+ N D w N c O n O Oe -t c r -' V+ O A CD O A p m O ? CD CD to CD O -A N A 3Eno N t7 pt 7 N CD CD to N afir. tT w y _. O MEMO CITY OF PLYMOUTH - 8 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 For City Council Meeting of July 2, 1990 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: CHANGE ORDER NO'S 1 AND 2 FIRE STATION NO. I CITY PROJECT NO. 825 ACTION REQUESTED: Adopt the attached resolution approving Change Order No's 1 and 2 which add $1,640 to the contract for the construction of Fire Station no. 1. BACKGROUND: The plans for Fire Station No. 1, which were prepared by Trossen-Wright and Associates, were based upon the records which the City had for the original Fire Station No. 1. During the excavation for the new utility services for the new building, the contractor discovered two changed conditions. Although the old building had been connected to City sanitary sewer for over 25 years, the original septic tank had never been removed. In order to comply with City Code, the old septic tank had to be removed and backfilled and compacted properly. The cost to do this which is included in Change Order No. 1 is $440. Also, the City records indicated that the sanitary sewer service, which was installed for the original building, was six inches in diameter. When they excavated to extend the pipe for the new building, they discovered it was only a four inch sanitary sewer service. Because of the enlarged size of the new building, a six inch service is required. The cost to remove the existing pipe and install a new six inch pipe is $1,200. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt a resolution approving Change Order No. 1 and No. 2. The contract for Fire Station No. I will increase from $726,000 to $727,640. T Fred G. Moore, P.E. FGM:kh attachments: Resolution Change Orders 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 - APPROVING CHANGE ORDER NO'S 1 AND 2 CONSTRUCTION OF FIRE STATION NO. I CITY PROJECT NO. 825 WHEREAS, Change Order No. 1 has been prepared providing for the following: Remove existing septic tank AND WHEREAS, Change Order No. 2 has been prepared providing for the following: Replace existing four inch sewer service with new six inch service AND WHEREAS, Change Order No's 1 and 2 for Fire Station No. I, City Project No. 825 are recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No's 1 and 2 for Fire Station No. I, City Project No. 825 by adding $1,640.00 is recommended for approval Original Contract Amount $726,000.00 Previous Change Orders 0.00 THIS CHANGE ORDER NO. 1 - ADD 440.00 THIS CHANGE ORDER NO. 2 - ADD 1200.00 REVISED CONTRACT AMOUNT.......... $727,640.00 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. ir x 4c'c4c xxx CHANGE ORDER AIA DOCUMENT G701 PROJECT: Fire Station No. 1 name, address) 13205 County Road #6 Plymouth, MN 55447 TO (Contractor): I Palani Construction, Inc. 5661 International Parkway Minneapolis, MN 55428 L CHANGE ORDER NUMBER: 1 INITIATION DATE: 6-22-90 ARCHITECT'S PROJECT NO: 89026 CONTRACT FOR: General Construction I CONTRACT DATE You are directed to make the following changes in this Contract: Existing septic system, southeast corner of existing facility, to be removed, backfilled and compacted. ADD 5-3-90 440.00 but \ahcl until >igned by bath the U\\ner and Architect. Signature Of the Contractor indicate!- hi. agreemenl herewith, including any adju,tment in the Contract Sum or Contract Time. The original (Contract Sum) +X+ltDk 4ltc h 74xt1 was ...... • . • .. • • • • • • • . • • • • • • • • $ 726, 000.00 Net change by previously authorized Change Orders ................................... $ .00 The (Contract Surn) prior to this Change Order \vas .......... $ 726,000.00 The (Contract Sum) \\ill be (increased) i6xXXxedYx RVd) bythis Change Order......................................................... $ 440.00 The new (Contract Sumi (6antanj t:X**.jM tR=3C=R including this Change Order will be ... $ 726, 440.00 The Contract Time will be (unchanged) by ( —0— ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 9-15-90 Trossen/Wright Architects, P.A. Palani Construction. Inc. 69'EE 77 CU b.1CTOR TSibley Street, Suite 230 5 61 International Pkwy. Address Address St Paul, MN 55101 Minnea oli 55428 BY DATE 6-22-90 D;TE . Z '7 C) AIA DOCUMENT G701 CHANGE ORDER \f" tl1-1t EDITI()x \I'•.' 1471; THE \.MEK1C:\\ INIIITU IE Or :\KcHITECTS. 17;; SEW 1ORi\ \\T.. N \v . \Y\1,1Jim. Authorized: City of Plymouth U306 Plvmouth Boulevard Address Plymouth, MN 55447 BY DATE G701 — 1978 Distribution to: j 4 J 1j OWNER foil i/F ARCHITECT lilf - ` CONTRACTOR FIELD OTHER c; F,;, ui77 ; l" PROJECT: Fire Station No. 1 name, address) 13205 County Road #6 Plymouth, MN 55447 TO (Contractor): I Palani Construction, Inc. 5661 International Parkway Minneapolis, MN 55428 L CHANGE ORDER NUMBER: 1 INITIATION DATE: 6-22-90 ARCHITECT'S PROJECT NO: 89026 CONTRACT FOR: General Construction I CONTRACT DATE You are directed to make the following changes in this Contract: Existing septic system, southeast corner of existing facility, to be removed, backfilled and compacted. ADD 5-3-90 440.00 but \ahcl until >igned by bath the U\\ner and Architect. Signature Of the Contractor indicate!- hi. agreemenl herewith, including any adju,tment in the Contract Sum or Contract Time. The original (Contract Sum) +X+ltDk 4ltc h 74xt1 was ...... • . • .. • • • • • • • . • • • • • • • • $ 726, 000.00 Net change by previously authorized Change Orders ................................... $ .00 The (Contract Surn) prior to this Change Order \vas .......... $ 726,000.00 The (Contract Sum) \\ill be (increased) i6xXXxedYx RVd) bythis Change Order......................................................... $ 440.00 The new (Contract Sumi (6antanj t:X**.jM tR=3C=R including this Change Order will be ... $ 726, 440.00 The Contract Time will be (unchanged) by ( —0— ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is 9-15-90 Trossen/Wright Architects, P.A. Palani Construction. Inc. 69'EE 77 CU b.1CTOR TSibley Street, Suite 230 5 61 International Pkwy. Address Address St Paul, MN 55101 Minnea oli 55428 BY DATE 6-22-90 D;TE . Z '7 C) AIA DOCUMENT G701 CHANGE ORDER \f" tl1-1t EDITI()x \I'•.' 1471; THE \.MEK1C:\\ INIIITU IE Or :\KcHITECTS. 17;; SEW 1ORi\ \\T.. N \v . \Y\1,1Jim. Authorized: City of Plymouth U306 Plvmouth Boulevard Address Plymouth, MN 55447 BY DATE G701 — 1978 CHANGE ORDER AIA DOCUMENT G701 PROJECT: Fire Station No. 1 name, address) 13205 County Road #6 Plymouth, MN 55447 TO (Contractor): FPalani Construction, Inc. 5661 International Pkwy. Minneapolis, MN 55428 L CHANGE ORDER NUMBER: INITIATION DATE: 6-22-90 ARCHITECT'S PROJECT NO: 89026 CONTRACT FOR: Mechanical Construction J CONTRACT DATE You are directed to make the following changes in this Contract: Remove existing 4" sanitary sewer pipe and install new 6" PVC pipe (approx. 23 feet) and connect to existing 8" main line, on. east side of building. I 5-3-90 1,200.00 Not kalid until signed hq both the U,.Nner and Architect. Sk4n,ItUre of the C ntractor indicates his agreement hvremth• including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was .. ' - ' ' - - ' ' ' . ' ' ' . . . . . . ' ' ' . ' • $ 726,000.00 Net change by previously authorized Change Orders ................................... $ 440.00 The (Contract Sum) (>Qx x>ex>x cacCxChtl prior to this Change Order was .......... $ 726,440.00 The (Contract Sum) iEacna>Kmactx'sdx>:;>:aoaxfcsaxt) will be (increased) 1, 200.00 by this Change Order......................................................... $ 0.00 The new (Contract Sum, (fcaux=Namdat ta x %d including this Change Order will be ... $ 727 , 64- 0—) • The Contract Time will be (anc ea clt#>tttaaax (unchanged) by 0—) Days. The Date of Substantial Completion as of the date of this Change Order therefore is—15-90Authored: Trossen/Wright Architects,_P.A. Palani Construction. Znc. Co. 'T •\ TORy& Pkwy. 5 City of Plymouth Distribution to: 940 Hbley Street, OWNER ARCHITECT A. CC ti l ' i%` ='" CONTRACTOR S[ J FIELD mouth I" OTHER PROJECT: Fire Station No. 1 name, address) 13205 County Road #6 Plymouth, MN 55447 TO (Contractor): FPalani Construction, Inc. 5661 International Pkwy. Minneapolis, MN 55428 L CHANGE ORDER NUMBER: INITIATION DATE: 6-22-90 ARCHITECT'S PROJECT NO: 89026 CONTRACT FOR: Mechanical Construction J CONTRACT DATE You are directed to make the following changes in this Contract: Remove existing 4" sanitary sewer pipe and install new 6" PVC pipe (approx. 23 feet) and connect to existing 8" main line, on. east side of building. I 5-3-90 1,200.00 Not kalid until signed hq both the U,.Nner and Architect. Sk4n,ItUre of the C ntractor indicates his agreement hvremth• including any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) was .. ' - ' ' - - ' ' ' . ' ' ' . . . . . . ' ' ' . ' • $ 726,000.00 Net change by previously authorized Change Orders ................................... $ 440.00 The (Contract Sum) (>Qx x>ex>x cacCxChtl prior to this Change Order was .......... $ 726,440.00 The (Contract Sum) iEacna>Kmactx'sdx>:;>:aoaxfcsaxt) will be (increased) 1, 200.00 by this Change Order......................................................... $ 0.00 The new (Contract Sum, (fcaux=Namdat ta x %d including this Change Order will be ... $ 727 , 64- 0—) • The Contract Time will be (anc ea clt#>tttaaax (unchanged) by 0—) Days. The Date of Substantial Completion as of the date of this Change Order therefore is—15-90Authored: Trossen/Wright Architects,_P.A. Palani Construction. Znc. Co. 'T •\ TORy& Pkwy. 5 City of Plymouth 0\1Y4 Plymouth Boulevard 940 Hbley Street, Suite 6 onal230internati Address ddress St. Paul, MN 55101 dd«•ss Minnea oli MN 55428 Plymouth, MN 55447 i By 6-22-90 DATE Z* - DATE DATE AIA DOCUMENT G701 • CHANCE ORDER • :\1'1:11 11)78 EDill() • \IA' ' .. rlunr1' G701 —1978 THE UtERIC\N I`SIITUTE Of ARCHITECTS, 1-.1 NIAV 1'()RK \V,r N.\\'.. \\ \I11M;T0 \ 0-C LOCATION MAP FOR JUNE 269 1990 PLANNING COMMISSION MEETING P F CITY OF SCALE OF MILES PLYMOUTH- S' nnwr. w.aw Ell. Ell lifflmlu: 5111"gliffi, CITY C July 6, 1990 PLYMOUTR Kathy Loehr 4570 Glacier Lane Plymouth, MN 55446 Dear Mrs. Loehr: The Engineering Division has completed the surveying of the drainage area behind your home on Glacier Lane. As I stated in my June 29 letter, we would be comparing the drainageway as it currently exists with the approved plans. Before any homes were built within the Kings North Addition, the developer was required to grade the drainageway as indicated within the plan. The existing ground along the drainageway is approximately 1.5 feet higher than that which was specified in the approved plan. We have also compared the existing ground to that indicated on the survey which was submitted by the builder when they obtained the building permit for your house. The existing ground at the edge of the drainageway easement closest to your house is approximately 0.5 feet higher than was indicated on the approved plan. We have also made a comparison of the existing drainageway compared to that on the approved plan on the two properties immediately west of your home. The drainageway which was to be across these properties would flow from your property westerly along both of these lots and then empty into the main drainageway at the corner of the Sandvold and Robert's property. The ground elevation along this entire drainageway is approximately two feet higher than that on the approved plan. Unless the drainageway is regraded across all three properties, it cannot be just graded on your property. As you are aware, there is a storm sewer pipe also under the drainageway. The storm sewer pipe provides for the major flow of water which is coming from Fernbrook Lane. The drainageway,on the yards is to provide surface drainage from the properties along the drainageway. It appears that the best solution to establishing the proper drainage along this lot line drainageway is for each of the three property owners to construct small inlets to the storm sewer pipe for their individual yard. By doing this, the entire yard area would not have to be regraded and establish a drainage swale two feet deep as indicated on the approved plan. 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 550-5000 Kathy Loehr July 6, 1990 Page Two Another variation on the inlets to the storm sewer system would be for each property owner to establish a landscaped rocked area within the lower area of their yard to which the water would drain. This area would then have an outlet to the storm sewer. Fred Moore, Director of Public Works, will be meeting with you and Councilmembers on the evening of July 6. He will be able to show you our drawings which were prepared and discuss possible solutions. If you have any further questions, you may contact me at 550-5070. Sincerely, Daniel L. Faulkner, P.E. City Engineer DLF:kh cc: Fred G. Moore, Director of Public Works Frank Boyles, Assistant City Manager Darrell Johnson, Senior Engineering Technician MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 28, 1990 TO: Mayor & City Council FROM: James G. Willis, City Manager SUBJECT: ADDITIONAL CORRESPONDENCE WITH RESPECT TO THE LEONA NEUTGENS AND MELBOURNE WROLSTAD LETTERS Attached for Council information is additional background information with respect to the Neutgens and Wrolstad letters contained in last week's information memorandum. JW:kec attachment MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 20, 1990 TO: Dan Faulkner ty Engineer FROM: Richard J. P uliot, Project Coordinator SUBJECT: JUNE 8, 1990 LETTER TO MARIA VASILIOU FROM LEONA NEUTGENS I have read the letter from Mrs. Leona Neutgens to Councilmember Vasiliou and the following comments are offered: I have been involved with Mr. and Mrs. Neutgens from the very beginning of this project. I have met with them prior to construction in an attempt to acquire the right-of-way necessary for the new road construction. I met with them both in a conference room in City Hall and at their home in the area of construction. My approach and I am sure the approach of all City personnel involved, was and is "Let's get the job done, let's do the best job we know how, and lets do it in a way that is most compatible, least disruptive to the wishes of the residents adjoining the roadway." Mr. and Mrs. Neutgens stated from the very beginning that they wish the City to purchase their property rather than purchase an easement. Although most_ of the residents have settled based upon professional independent appraisals, the Neutgens have chosen to require the City to condemn their property and we have been unsuccessful in negotiating the necessary easements. I have also been told by several neighbors in the area who have settled that the Neutgens were actively campaigning and asking them not to settle short of condemnation because they would get more money if the City proceeded through the condemnation process. In spite of this, k04 extended every courtesy and responded in every way possible to their complaints. The following comments are specifically addressed to the numbered paragraphs: 1. The City appraisal report which was done by BCL Appraisals or Brad, Bourkland states that the house will be 11.78 feet closer to County Road 6 then before and that the distance from the house to the roadway was 47 feet before the taking and approximately 34 feet after the taking. The 34 feet remaining is not significantly different than most residential homes. He has, however, taken into account this closer distance, the increased traffic, the dust, and the noise in arriving at his appraised value of $18,600, which the Neutgens at this time have chosen not to accept. The trees referred to SUBJECT: JUNE 8, 1990 LETTER TO MARIA VASILIOU FROM LEONA NEUTGENS June 20, 1990 Page Two as having been stripped were removed by Mr. Neutgens and set back on his own property. There was a 15 foot wide platted roadway which the Neutgens had chosen to use as their yard, and therefore, the apparent reduction in size may appear greater. 2. I am not familiar with the sidewalk or the step having fallen away from the house. Unless this was a result of placing fill in the front yard at the Neutgen's request, I cannot see the reason why the project would have caused this. 3. Number three is correct, the driveway is significantly steeper than it was before the project. The elevation at which the house sits and the distance from the house to the new roadway is transitioned in the most reasonable way allowing for a level landing at the top and was graded in such a way as to convey the runoff water in the best possible manner. It is a situation that is unavoidable, however, on numerous occasions the City's consulting engineer requested guidance and direction from Mr. Neutgens and was ignored regarding the driveway. 4. I have discussed some of the items and complaints with the__City Attorney's office and there would appear to be an effort on the part of the Neutgens to exacerbate the extent of the project's impact in order to arrive at a larger settlement through the condemnation process. Suffice it to say that the conditions left after the project are less desirable than before, however, the legal process of appointing commissioners to determine the value of the damages is the route chosen by the Neutgens and it would be my opinion that the commissioners will award the Neutgens an amount of money that will generously compensate for the damages which have occurred. Asking for the City to refund the taxes paid over the last 28 years, asking the City to improve the driveway, build a retaining wall, etc., etc. at City expense, and to pay the full amount of the commissioner's award because of those same damages is the same approach that they have taken during the entire negotiating process of attempting to acquire the right-of-way. It is extremely difficult to attempt to please the Neutgens to say the least. If I can be of any further assistance, please let me know. RJP:kh I Mrs. Leona Neutgens 14407 County Road 6 Plymouth, Minnesota 55441 June 8, 1990 Ms. Maria Vasiliou Plymouth City Council 1775 North Black Oaks Lane Plymouth, Minnesota 55447 Dear Ms. Vasiliou: Realizing the precious few free moments we all have these days, IwouldreallyappreciateyourspendingacoupleminutesofyourvaluabletimetosharethethoughtsofoneresidentoftheCityofPlymouth. The total complexion of my neighborhood has changed from a warmatmospheretoacold, fearful one since the widening of County Road6. Half of my front yard, which formerly was a more private area, a buffer from the road, surrounded by valuable mature trees, hasbeenstrippedofthosetrees, and replaced by blacktop. Followingisabriefoutlineoftheburdenswe've experienced as a result. I can no longer use my front door, as the sidewalk had to beremovedaspart- of all this, and the step has fallen away from thehouse. Returning home from the hospital after surgery on mandanklethiswinter, the inabilityto g Y y foot through to my homethefrontdoorcausedmeapainfulfallsandfurthercomplications. When it rains, the water rushes down the driveway and behind theretainingwalllikeariver, eating at the foundation of the house, and has rotted the sheet rock off the walls in places in the lowerwestendofmybasement. My son's truck was damaged when thedrivewayroad -bed, in one phase of its "re -construction", collapsedononeside. Imagine your friends and relatives reluctant to visitYourhomeforfearofhavinganaccidentinyourdriveway. Imaginehavingtoleavehomeforworkinthemorning15to20minutesearlierthanwouldotherwisebenecessaryjusttogetoutofyourowndriveway. My driveway has been left with such a steep grademycomingandgoing, both in an automobile, and that it inhibits on foot. next to impossible to It isget morning, and is .orrifying out onto the road, especially in theintheice. The apron between the winter Wnen tr__ driveway and the road esuit is glare isandisnotevensquare. poorly built, When it rains, the water rushes down the driveway and behind theretainingwalllikeariver, eating at the foundation of the house, and has rotted the sheet rock off the walls in places in the lowerwestendofmybasement. My son's truck was damaged when thedrivewayroad -bed, in one phase of its "re -construction", collapsedononeside. Imagine your friends and relatives reluctant to visitYourhomeforfearofhavinganaccidentinyourdriveway. Imaginehavingtoleavehomeforworkinthemorning15to20minutesearlierthanwouldotherwisebenecessaryjusttogetoutofyourowndriveway. City of Plymouth Plymouth, Minnesota Page Two Thanks to the close proximity of the road to our house now, strangers waltz through my front yard a few feet from my window now at all hours of the night and day, some leaving garbage (trash, refuse) in their wake. I've been rudely awakened from many a night's sleep from the noise, wondering if I will find some weirdo with a gun who has strayed a few feet from the road, or a car parked in my living room or kitchen. The worst part is being kept awake from the subsequent fear caused by our home's vulnerability since the alteration of our yard. Imagine the consequences were a car to accidentally leave the roadway. On February 5, 1990, in fact, we found someone had attempted to force open our basement bathroom window to gain entry to our home. We reported the incident to the Plymouth police, but we dare not leave the houde for any extended period of time, such as for a vacation, etc., as a passerby need only step or drive a few feet from the roadway to attempt any sort of vandalism or burglary. Withthe trees gone, the noise and dirt from the road have worsened considerably. I can not leave my windows open any more. My ceilings, walls, and carpet are filthy from the dirt stirred up during construction, as well as the emissions from the cars, which used to be filtered by our trees. The ceilings will have to be re- sprayed, the walls re -painted, and the carpets re -shampooed. Imagine not being able to get any fresh air into your house. Our fireplace chimney cracked from ground vibration during construction, and is worsening since the road is now closer. There are cracks in the walls in some spots, and my kitchen cupboards no longer hang level, having dropped a good 1/2" or more on one end from all the vibration. I have used the term "imagine" in -several instances; you cannot possibly, ever. For. my iaiit ily and I, chis is a L ea:i rxgj.lt1Zi a we have to try to live through every day. I have been both mentally and physically sick since the start of this infringement on our rights. The stress it has caused me has taken a.heavy toll on my health, and adversely affected my job performance. It is evident when speaking with other people throughout what used to be our neighborhood, where the strain of having their lives disrupted has also contributed to the loss of two residents' lives. City of Plymouth Plymouth, Minnesota Page Three Our land, which we have nurtured and paid taxes on for 28 years, has been taken away and manipulated against our will. As a result, we have been stripped of our right and ability to lead a secure and unencumbered existence in the peace and privacy of our home. In all fairness, (although "fair" has had nothing whatsoever to do with anything associated with this project), I feel that the property taxes we have paid all these years should be given back to us, since the City of Plymouth has acted as if the land wasn't ours. in silpmary, it •makes' me_ hear -sick that thi prO5ject was carried out with complete disregard for people's feelings, and in woeful neglect of what this country is supposed to be all about.. Sincerely, Mrs. Leona Neut gens 612) 473-7654 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 20, 1990 TO: /James G. Willis, City Manager FROM: &"Daniel L. Faulkner, City Engineer SUBJECT: RESPONSE TO JUNE 3, 1990 LETTER FROM MELBOURNE WROLSTAD AND A JUNE 8, 1990 LETTER FROM MRS. LEONA NEUTGENS I am attaching a response from Street Supervisor, Tom Vetsch, to Fred Moore regarding the asphalt overlay work on Ranchview Lane, which Mr. Wrolstad refers to in his June 3, 1990 letter. As Tom indicates in his memo, the portion of Ranchview that was overlaid by our City crews is rated No. 16 out of the total 67 areas which the City is divided into for road evaluation purposes. The lower the number the worse the roadway. This portion of Ranchview Lane would likely be upgraded through our Reconstruction Program within the next three to four years. At that time, storm drainage improvements would also be made to solve this existing problem referred to in Mr. Wrolstad's letter. Also enclosed is a memo from Dick Pouliot which addresses the items in Mrs. Neutgens' June 8 letter. I believe Dick's memo addresses all items that Mrs. Neutgens brings up. If you have any further questions, please let me know. DLF:kh attachments cc: Fred G. Moore Dick Pouliot Tom Vetsch BMW, CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 19, 1990 TO: Fred Moore, Director of Public Works FROM: (`.1 • Tom Vetsch, Street Supervisor SUBJECT: ASPHALT OVERLAY WORK ON RANCHVIEW LANE In response to Melbourne E. Wrostad's letter (340 Ranchview Lane), concerning some overlay work that was done on Ranchview Lane, I will try to respond to the areas that I have information on. Many concerns of his are before my time and I do not know what was taking place at that time during the construction. Since Pavement Management has been introduced to the City of Plymouth, the Street Division have been trying to blend in maintenance work with reconstruction and sealcoat work. We have to balance our work so that it is not for a short-term basis if reconstruction is coming along, on the other hand we don't want to make repairs in such an order that gives the residents a sense of having a sound street. One of the areas we analyzed extensively was the area west of Niagara and north of Third Avenue up to Sixth Avenue. Between Third Avenue and Sixth Avenue, the streets needing alot of work were Orchid, Quantico and Ranchview Lanes. They had alot of alligator areas and weak base underneath the asphalt with depressions. The streets I just mentioned are a number "16" on our overall study plan which would mean that these areas would not be reconstructed at least within the next couple of years. We decided that to insure some degree of rideability and so that we would not have to be there pothole patching monthly, the overlay work was necessary. Ranchview Lane was overlayed from the northern Third Avenue up to the north driveway for Birchview Elementary. Mr. Wrostad is correct in saying that the drainage is poor on this street. It is a very flat area and any fluctuation with the street does and will continue to cause some water ponding. With the overlay work that we did, our intention was not to make the road drain properly from Third Avenue North to Sixth Avenue, although we did try to get it to do that as much as possible. The overlay thickness ranges from 2 inches to a skin patch in varying places. Much of the 2 inch depths were along the edge of the roadway where the asphalt was broken off. I drove this area after receipt of Mr. Wrostad's letter and noted that "yes" there are still some areas that do hold water immediately after a rain and these areas are the Fred Moore June 19, 1990 Page Two southwest corner of Fifth and Ranchview, the west side of Ranchview, just south of Fifth Avenue and in front of 450 Ranchview Lane. I also looked at the height of the street in relation to driveways and garages and from what I observed, I do not agree that 410 Ranchview is in any different situation since the overlay work before the overlay work. At Mr. Wrostad's residence, I noted that his garage is also higher than the street and he has a concrete driveway which comes in right at street level. To understand the specific changes that have happened becauseof our work I would have to have known exactly what the drainage problems were before we did the work. As much as I can tell, I don't believe we changed the drainage significantly and should not have affected properties. The results we were after were the ones we obtained by strengthening the street until such time it can be reconstructed. On the last item Mr. Wrostad said that in a couple of weeks we will have two giant potholes where the Gas Company dug and did some repairs. We know where they were and we did not wait for the Gas Company to fill them because we wanted to get on with our work. We simply filled those holes, compacted the asphalt and then did the overlay work. Unfortunately, at this time they are settled somewhat and a little water ponds in them. This is to be expected to some degree until it has settled out. If you would like further information, or more in depth details of our plan and actions, I would be happy to drive over there some day with you and discuss it as we are looking at this section of Ranchview. TV:sm F Q Melbourne E Wrolstad ti 340 Ranchview Lane Plymouth, MN 55447 t 3 June 1990 City? Village? Township? of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota 55447 Rim Bergman, Mayor, Councilmember Maria Vasilou, Councilmember Lloyd Ricker, Councilmember Robert Zitur, Councilmember Carole Helliwell, Councilmember Jerry Sisk, City Manager James G. Willis, City Engineer, I arrived home late last evening after being away for a week and to and behold, I see another one of Plymouth's smart moves. The street department has done it again with no regard to the original plans or to the residents that have to put up with the further worstening problem of water standing in yards and then ending up in basements etc. I, as a resident in this location since 1961 have so far paid for 3 assessments for storm sewer, one each for sanitary sewer and water. Of the three times I paid for the storm sewer, only the first one was done in a way that in part did us any good. At the time of the storm sewer installation we, the residents asked that catch basins be installed halfway between 3rd Avenue and 6th Avenue on Ranchview Lane. We were told at that time that -we would not have to worry as the street was designed to take all water runoff from 3rd Avenue to the catch basins on 6th. This indeed did work for a time. Between the time the storm sewer was put in and the sanitary sewer was built per drawing 66-1f dated 27 March 1967 as built, grade levels on the street were changed somewhat due to patching, etc. However per the same drawing the road profile was to be returned so that the runoff would again flow to 6th Avenue. On plan project 118 drawing dated 20 May 1974, our famous engineers decided again that water could run up hill to the catch basins. Over the years we the residents have brought this matter up a number of times to no avail. Each time the street department repaired the street, They would start at the end of my driveway and keep on raising the level of the roadway. I believe at this time if core samples were taken at various places on the street we would most likely find over 12 inches of blacktop, layer upon layer. I, as well as some of the neighbors have tried to keep pace with the city in trying to keep up yard levels to control the water. At this time the roadway is so high that water that used to be able flow from the east side to the west side and into the woods in now going to be left standing, or flow into the area of 410 Ranchview. This yard can not be built up any higher due to the fact the home there was built many years ago and sits pretty low. This will mean that this person will have to keep a sump pump running more often that should be required. Not only will this person have Melbourne E Wrolstad 340 Ranchview Lane Plymouth, MN 55447 problems, but the people behind him and myself as my rear yard becomes a holding pond that according to past engineers, was to flow up hill to the catch basins on 3rd and Quantico. In order to ease the water problem to my basement created by the past experts, I had to have the area around my basement dug up and new tile put in to ease the water coming into my basement. As stated above the problem created by this new paving job hopefully will not hurt me but I feel sorry now for the rest of the area. I am hoping that this problem will not be completly ignored again as inthepastwheneveritwasbroughttotheattentionoftheformerpeople in charge of this municipality. I do hope that this time someone will look into it before futher damage is done to the value of the -area and/or it becomes one big breeding ground for water needing insects. By the way, the two holes that the gas company left and were filled in with blacktop when the pavers did the job should be 2 giant pot holes within the next couple of weeks also. Repectfully submitted for health and welfare of the neigherhood. Sincerly, 17 Melbourne E. Wrolstad