HomeMy WebLinkAboutCity Council Packet 04-27-1987 SpecialCITY OF PLYMOUTH
A G E N D A
SPECIAL COUNCIL MEETING
APRIL 27, 1987
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 reauests, in
which event the item will be removed from the consent agenda and considered
in normal sequence on the agenda.
1. CALL TO ORDER 7:30 P.M.
2. INVOCATION
3. ROLL CALL
4. PROCLAMATIONS
A. Declaring May as Sprinq Clean Up, Fix Up month
B. Declaring first week of May as Be Kind To Animals
Week
5. PRESENTATION - Programming and services available
through Hennepin County Community Health Department by
George Bowlin
6. CONSENT AGENDA
7. MINUTES - Approval of Minutes of the Reqular Council
meeting of April 20, 1987
8. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Game Farm request involving Samual Virginia
B. Award of bid, Groves Office Park, street and
utility improvements, Project 648
C. Award of bid, deep wells 8 and 9, pumping
facilities, project 625
9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Employee Suggestion Committee recommendations on
volunteer recognition program
B. Public and Capital improvement project status
report including New C.R. 9 and water treatment
plant
C. County Road 61 neighborhood park equipment
D. Legislative Update
E. Architectural controls - Practices of Golden
Valley and Eden Prairie
F. Quarterly status report on pending civil
litigation
G. Council Coordinating Representatives reports
10. ADJOURNMENT
CITY OF
PLYMOUTFF
P R O C L A M A T I O N
SPRING CLEAN UP, FIX UP, PAINT UP & PLANTING MONTH
WHEREAS, the City of Plymouth is a vibrant, modern and growing community; and
WHEREAS, Plymouth is blessed with an abundance of manmade and natural beauty
in our lakes, parks and general environment; and
WHEREAS, community residents and businesspersons desire to maintain the
attractiveness and high quality of life in the community; and
WHEREAS, the establishment of a "Spring Clean Up, Fix Up, Paint Up and
Planting Month" will focus community attention on improving the community as a
whole, which will benefit the entire community;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, does
proclaim the month of May, 1987 as:
SPRING CLEAN UP, FIX UP, PAINT UP & PLANTING MONTH"
and does hereby strongly encourage homeowner associations, individuals and
businesspersons to participate in efforts to improve the appearance of their
property and their neighborhood in beautiful Plymouth through organized means
and individual efforts.
r
Virgi ySchneider,'Mayor
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
The American Humane .A,tycialionn
P.O. Box 1266
Denver, Colorado K.)2 1-1266
303 695 0811
AMERICAN HUMANE
Animal Protection Division
Board of Directors
Donald H. Anthony
President
St. Louis, Missouri
Hortense R. Landau, Esq. Dear Friends:
Vice President
New Yask, Nein York
We hope you like the materials enclosed for Be Kind To Animals Week,
Charles W Ennis
Treasurer celebrated this year May 3 -9th. Knowing that pets need love and
Denver, Colorado companionship almost as much as they do food and water, we feel
Waco F Childers, Jr. that this year's theme of "spending time with your pet" is an important
Greenville, South Carolina
one.
Bill L. Garrett
Chairman
Advisor, Committee Along with other materials, we've included one copy of our BKA WeekAtlanta, Georgia
poster Thep Quality Times. If your organization would like to order
Frederick C. Green, M.D.
Washington, D.C. more posters, you can call in the order and we will send them as quickly
Dororhv F. Hult as possible and bill your organization later. Call 303-695-0811 or
Vice.Chairman 800-842-4637 to order by telephone. The cost of additional posters
Ad`'mmitteeDilladOregon is $3.00 each including postage and handling, but if you order 5 or
Shirley h Jones, DSV(' more the cost will be only $2.00 each, and for 10 or more the cost
Hattiesburg, Mississippi is only $1.50 each.
Marygold S. Melli, Professor
Madison, Wisconsin
Be Kind To Animals Week was launched by the American Humane
LtGeorge .
Sc
MC
RIetD.
Association in 1915, and has been celebrated every year since then
Alexandria, Virginia during the first full week of May, beginning with Humane Sunday.
Arthur G. Slade It is the oldest continuously observed event of its kind in this country. Boston, Massachusetts I hope you will join with American Humane and thousands of other
Ruth Alexandra Wade animal welfare agencies in celebrating and publicizing the humaneHonolulu, Har:au
ethic through Be Kind To Animal Week activities.
Wilma B'Wakefield
Long Lake, Minnesota
Executive Staff IL eerely,
Lawrence C. Brown
Executive Director
American Humane
Dennis J. White Dennis J. Whi
Director
Animal Protection Division Director
Advisory Committee Animal Protection
Members
Douglas K. Fakkema DJW:da
Santa Cruz, California
John E. Freed, ill
Greenville, South Carolina
William F McCulloch,
DVM, MPH
College Station, Texas
Robert D. Rohde BE KIND TO ANIMALS WEEKDenver, Colorado
Kathleen Saveky
Boston, Massachusetts q ( MAY 9 , 1.701(pn
fpv
c"at
Proclamation
CITY OF PLYMOUTH
Wfi=48 * We have been endowed not only with the bless-
ings and benefits of our animal friends, who give us companionship
and great pleasure in our daily lives, but also with a firm responsibility
to protect these fellow creatures with which we share the earth from
need, pain, fear and suffering; and
Whereas: we recognize that teaching attitudes of kind-
ness, consideration and respect for all living things through humane
education in the schools and the community helps to provide the basic
values on which a humane and civilized society is built; and
WfiereaS: the people in the City (or State) of PI oft
are deeply indebted to their animal care and control agencies for their
invaluable contribution in caring for lost and unwanted animals, in-
stilling humane values in our children through humane education pro-
grams, and promoting a true working spirit of kindness and considera-
tion for animals in the minds and hearts of all people, and
Whereas: the first full week of May has been set as the
annual celebration of the national week observing the philosophy of
kindness to animals,
NOW) Tke 400: I Virgil A. Schneider
name of officer)
by virtue of the power vested in me as Mayor
of the City of Plymouth do proclaim and pro -
city, state)
nounce the week of May 4 through 8
as "Be Kind To Animals Week," and do heartily commend to all our citizens
a full participation in all the events related thereto in this community.
Seal)
Mayor
CITYCITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
Z1*K91
DATE: April 23, 1987
TO: James G. Willis, City Manager
FROM: Laurie Brandt, Clerk
SUBJECT PRESENTATION BY GEORGE BOWLIN, HENNEPIN COUNTY COMMUNITY HEALTH
George Bowlin of the Hennepin County Community Health Department will be
at Monday's Council meeting to make a presentation on the programs and
services available through the County. He'll also provide information
on how many people from Plymouth are receiving these services. His
presentation will take approximately 10 minutes and include slides after
which he'll answer questions from the Council. He'll be distributing
brochures to the Council which further describe these services and
programs.
M I N U T E S
REGULAR COUNCIL MEETING
APRIL 20, 1987
A regular meeting of the Plymouth City Council was called to or-
der by Mayor Schneider at 7:30 p.m. in the City Council Chambers
of the City Center at 3400 Plymouth Boulevard on April 20, 1987.
PRESENT: Mayor Schneider, Councilmembers Crain, Vasiliou,
Zitur, and Sisk, Manager Willis, Assistant Manager
Boyles, Planning Director Tremere, Public Works
Director Moore, Park Director Blank, City Attorney
Thomson, and City Clerk Brandt
ABSENT: None
PROCLAMATION
Mayor Schneider read a proclamation declaring April 20-24 as PROCLAMATION
Statewide Chamber of Commerce Week. Item 4
MOTION was made by Councilmember Sisk; seconded by Councilmember RESOLUTION NO. 87-238
Zitur, to adopt RESOLUTION NO. 87-238 AMENDING DATES OF CITY- AMENDING DATES OF
WIDE SPRINKLING BAN. SPRINKLING BAN
Motion carried on a Roll Call vote, five ayes.
CONSENT AGENDA
Motion was made by Councilmember Sisk, seconded by Councilmem- CONSENT AGENDA
ber Zitur, to adopt the consent agenda deleting item 8-N. Item 5
Motion carried on a Roll Call vote, five ayes.
MINUTES
MOTION was made by Councilmember Sisk, seconded by Councilmem- MINUTES - REGULAR
ber Zitur, to approve the minutes of the Regular Council meeting COUNCIL MEETING
of April 6 as submitted. APRIL 6, 1987
Item 6*
Motion carried on a Roll Call vote, five ayes.
PUBLIC HEARINGS
Councilmember Sisk asked if the Council should see the new ease-
ments before vacating these.
Regular Council Meeting
April 20, 1987
Page 104
Manager Willis answered that these easements will not, in fact,
be vacated until the new easements are filed.
Mayor Schneider opened the public hearing at 7:38 p.m
No one chose to speak and the hearing was closed at 7:38 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-239berCrain, to adopt RESOLUTION NO. 87-239 AUTHORIZING THE VACA- EASEMENT VACATION
TION OF CERTAIN DRAINAGE AND PONDING EASEMENTS IN HERITAGE WEST HERITAGE WEST ADDN. ADDITION, OUTLOTS B AND C. OUTLOTS B & C
Item 7-A
Motion carried on a Roll Call vote, five ayes.
Mayor Schneider opened the public hearing at 7:39 p.m.
No one chose to speak and the hearing was closed at 7:39 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-240
ber Zitur, to adopt RESOLUTION NO. 87-240 AUTHORIZING THE VACA- EASEMENT VACATION
TION OF CERTAIN DRAINAGE EASEMENTS, VICKSBURG WEST 2ND ADDITION, VICKSBURG WEST 2NDOUTLOTSA, C, AND E. ADDN.
Item 7-B
Motion carried on a Roll Call vote, five ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-241berZitur, to adopt RESOLUTION NO. 87-241 APPROVING SITE PLAN SITE PLAN AMENDMENAMENDMENT, CONDITIONAL USE PERMIT, AND VARIANCE FOR MT. OLIVET C.U.P. & VARIANCE
LUTHERAN CHURCH (87003). MT. OLIVET CHURCH
87003)
Motion carried on a Roll Call vote, five ayes. Item 8-A*
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-242
ber Zitur, to adopt RESOLUTION NO. 87-242 AUTHORIZING REDUCTION BOND REDUCTION
OF SITE PERFORMANCE GUARANTEE FOR BOEMER BUILDING SYSTEMS, INC. BOEMER BUILDING
86137) to $120,000. SYSTEMS, INC. (86137)
Motion carried on a Roll Call vote, five ayes.
Item 8-B*
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-243berZitur, to adopt RESOLUTION NO. 87-243 APPROVING PLANNED UNIT FINAL PLAN PLAT &
DEVELOPMENT FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR SILVER- DEV. CONTRACT
THORNE 3RD ADDITION FOR LAURENT DEVELOPMENT COMPANY (87009) SILVERTHORNE 3RD ADDN.
RPUD 83-2). (87009)
Motion carried on a Roll Call vote, five ayes.
Item 8-C*-
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-244
ber Zitur, to adopt RESOLUTION NO. 87-244 SETTING CONDITIONS TO SETTING CONDITIONS
BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR SILVER- FINAL PLAT
THORNE 3RD ADDITION FOR LAURENT DEVELOPMENT COMPANY (87009) SILVERTHORNE 3RD ADDN. RPUD 83-2). (87009)
Motion carried on a Roll Call vote, five ayes. Item 8-C*
Regular Council Meeting
April 20, 1987
Page 105
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-245
ber Zitur, to adopt RESOLUTION NO. 87-245 ADOPTING ASSESSMENTS, ADOPTING ASSESSMENTS
PROJECT 740, SANITARY SEWER AND WATERMAIN AREA, SILVERTHORNE 3RD SILVERTHORNE 3RD ADDN.
ADDITION in the amount of $22,990. PROJECT 740
Item 8-C*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- ORDINANCE NO. 87-06
ber Zitur, to adopt ORDINANCE NO. 87-06 AMENDING THE ZONING OR- AMENDING ZONING CODE
DINANCE TO CLASSIFY CERTAIN LANDS WEST OF ZACHARY LANE, NORTH OF RECLASSIFYING LAND
COUNTY ROAD 9 AS R1 -A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) WATER TREATMENT PLANT
DISTRICT. 87013)
Item 8-D*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-246
ber Zitur, to adopt RESOLUTION NO. 87-246 SETTING CONDITION TO SETTING TION
BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED REZONING LAND
WEST OF ZACHARY LANE, NORTH OF COUNTY ROAD 9 (87013). WATER TREATMENT PLANT
87013)
Motion carried on a Roll Call vote, five ayes. Item 8-D*
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-247
ber Zitur, to adopt RESOLUTION NO. 87-247 APPROVING PRELIMINARY PRELIMINARY PLAT &
PLAT AND VARIANCES FOR BONESTR00, ROSENE AND ANDERLIK & ASSOCI- VARIANCES, WATER
ATES FOR THE CITY OF PLYMOUTH (87013). TREATMENT PLANT (87013)
Item 8-D*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-248
ber Zitur, to adopt RESOLUTION NO. 87-248 APPROVING SITE PLAN SITE PLAN &C.U.P.
AND CONDITIONAL USE PERMIT FOR BONESTR00, ROSENE ANDERLIK & WATER TREATMENT PLANT
ASSOCIATES FOR THE CITY OF PLYMOUTH (87Q13). 87013)
Item 8-D*
Motion carried on a Roll Call vote, five ayes.
Director Tremere stated that the growth is not required to be COMPREHENSIVE PLAN
staged because sewer and water is available to the site. AMENDMENT, CITY OF
PLYMOUTH
MOTION was made by Mayor Schneider, seconded by Councilmember Item 8-E
Zitur, to accept and file the report and defer action until the
dinner/study meeting of May 4.
Mayor Schneider stated he wants the staged growth restrictions
to remain so the Council has this additional control.
Councilmember Crain stated he doesn't feel this control is ne-
cessary and could lead to legal problems in the future if the
City should attempt to control development.
Director Moore pointed out that the sewer had previously been
approved in this area by the Council.
Regular Council Meeting
April 20, 1987
Page 106
Manager Willis stated that, if the Council removes the staging
and since the ownership of the property is the same, the previ-
ous development plan may be proposed aqain.
Discussion continued on whether this could be viewed as arbi-
trary and what the downside to the City would be of passing it.
Attorney Thomson stated that an amendment to the staged growth
plan is at the Council's discretion.
Councilmember Crain pointed out that this would create an incon-
sistency in the Comprehensive Plan since the Sewer Plan had been
amended.
Motion carried, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87-249 APPROVAL OF LAND USE
GUIDE PLAN AMENDMENT AND REZONING FOR PROPERTY LOCATED NORTH AND
SOUTH OF 34TH AVENUE EAST OF XENIUM LANE.
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO. 87-249
LAND USE GUIDE PLAN
AMENDMENT, CITY OF
PLYMOUTH (86048/
85108/85019)
Item 8-F*
MOTION was made by Councilmember Sisk, seconded by Councilmem- ORDINANCE NO. 87-07
ber Zitur, to adopt ORDINANCE NO. 87-07 AMENDING THE ZONING OR- AMENDING CITY CODE
DINANCE TO CLASSIFY CERTAIN LANDS NORTH AND SOUTH OF 34TH AVE- CITY OF PLYMOUTH
NUE, EAST OF XENIUM LANE AS R -1A (LOW DENSITY SINGLE FAMILY RE- Item 8-F*
SIDENTIAL).
Roll Call vote, five ayes.
MOTION was made by
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- ORDINANCE NO. 87-08
ber Zitur, to adopt ORDINANCE NO. 87-08 AMENDING THE ZONING OR- AMENDING CITY CODE
DINANCE TO CLASSIFY CERTAIN LANDS WEST OF VICKSBURG LANE AT 22ND CITY OF PLYMOUTH
AND 24TH AVENUES NORTH TO R -1A (LOW DENSITY SINGLE FAMILY RESI- Item 8-G*
DENTIAL) DISTRICT.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-250
ber Zitur, to adopt RESOLUTION NO. 87-250 APPROVING A HOME OCCU- HOME OCCUPATION PERMIT
PATION CONDITIONAL USE PERMIT FOR DEBRA CARLSON AT 10415 49TH DEBRA CARLSON
AVENUE (87016). 87016)
Item 8-H*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-251
ber Zitur, to adopt RESOLUTION NO. 87-251 APPROVING PLANNED UNIT PUD FINAL PLAN PLAT
DEVELOPMENT FINAL PLAN/PLAT AND DEVELOPMENT CONTRACT FOR QUAIL DEV. CONTRACT
RIDGE 2ND ADDITION FOR DEAN JOHNSON, CENVESCO, INC. (87021) QUAIL RIDGE (87021)
RPUD 85-5). Item 8-I*
Motion carried on a Roll Call vote, five ayes.
Regular Council Meeting
April 20, 1987
Page 107
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-252
ber Zitur, to adopt RESOLUTION NO. 87-252 SETTING CONDITIONS TO SETTING ONDITION
BE MET PRIOR TO FILING OF AND RELATED TO PLANNED UNIT DEVELOP- PUD FINAL PLAN/PLAT
MENT FINAL PLAN/PLAT FOR QUAIL RIDGE 2ND ADDITION FOR DEAN JOHN- QUAIL RIDGE (87021)
SON, CENVESCO, INC. 87021) (RPUD 85-5). Item 8-I*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87-253 ADOPTING ASSESSMENTS,
PROSECT NO. 741, SANITARY SEWER AND WATERMAIN AREA, QUAIL RIDGE
OF PLYMOUTH 2ND ADDITION in the amount of $38,665.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87-254 APPROVING FINAL PLAT
AND DEVELOPMENT CONTRACT FOR SUNSET VALLEY HOMES FOR JOHN HENN-
ING (87022).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87-255 SETTING CONDITIONS TO
BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR SUNSET
VALLEY HOMES FOR JOHN HENNING (87022).
Motion carried on a Roll Call vote, five ayes.
Director Blank stated he has checked the contractor and they
have been shown to be adequate to perform the work. He reviewed
the alternate bids and those which he recommended the Council
approve at this time.
RESOLUTION NO. 87-253
ADOPTING ASSESSMENTS
QUAIL RIDGE
PROSECT 741
Item 8-I*
RESOLUTION NO. 87-254
FINAL PLAT & DEV
CONTRACT, SUNSET
VALLEY HOMES (87022)
Item 8-3*
RESOLUTION NO. 87-255
SETTINGND
FINAL PLAT, SUNSET
VALLEY HOMES (87022)
Item 8-3*
AWARD OF CONTRACT
PARKERS LAKE PARK
Item 8-K
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-256
ber Crain, to adopt RESOLUTION NO. 87-256 AWARDING BID FOR AWARD OF CONTRACT
PARKERS LAKE PARK PHASE II IMPROVEMENTS to H. L. Johnson Company PARKERS LAKE PARK
in the amount of $269,247 to also include alternate bid #9 as a Item 8-K
change order in the amount of $6,030.
Motion carried on a Roll Call vote, five ayes.
Director Blank stated the bid is for three parks, Amhurst, Roll- AWARD OF CONTRACT
ing Hills, and County Road 61 in the amount of $247,082.20. The NEIGHBORHOOD PARKS
low bidder is approximately $48,000 under the estimated cost. Item 8-L
This contractor has done other projects in the City.
Councilmember Sisk suggested the contractor be asked if they're
interested in completing other trail work in the City.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-257
ber Sisk, to adopt RESOLUTION NO. 87-257 AWARDING BID FOR AM- AWARD OF CONTRACT
HURST, ROLLING HILLS, AND COUNTY ROAD 61 PARKS to Barber Con- NEIGHBORHOOD PARKS
struction in the amount of $247,082.20. Item 8-L
Regular Council Meeting
April 20, 1987
Page 108
Discussion followed on the grade of the trail at the County Road
61 park, whether warning signs should be posted, the letter from
a neighbor expressing concern with the grade, and the play
equipment being proposed for the parks.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-258
ber Zitur, to adopt RESOLUTION NO. 87-258 ACCEPTING BID, 1987 ACCEPTING BID
UTILITY EXTENSIONS AND BERG 2ND ADDITION, PROJECT NO. 738 AND 1987 UTILITY EXTENSIONS
PROJECT NO. 702 from C. S. McCrossan in the amount of Item 8-M*
110,568.30.
Motion carried on a Roll Call vote, five ayes.
Director Moore stated he received a letter from Richmar Con- AWARD OF BID, WELLS
struction Inc. stating the specifications were bid differently 8 AND 9
by contractors because of the alternate portions. As a result, Item 8-N
he is recommending deferral of the award for one week in order
to review the bids.
Jim Olson, Bonestroo, Rosene, Anderlik & Associates, stated the
timing to complete the water treatment plant is longer than that
of the pump. Deferring this bid to look at the manner of bid-
ding would not be a problem and would not set the project back.
Richard Netz, Richmar Construction Inc., stated his objection to
the alternate bidding is that it appears to be more of a design
change and, as a result, he didn't bid it. If he had, his bid
would have been lowest.
Dick Foster, BRA, stated the 1170 RPM motor will last longer
than the 1800 RPM.
Discussion followed on the maintgnance frequency and maintenance
costs.
MOTION was made by Councilmember Sisk, seconded by Councilmem-
ber Crain, to defer awarding the bid for deep wells 8 and 9 un-
til the meeting of April 27.
Motion carried, five ayes.
MOTION was made by Mayor Schneider, seconded by Councilmember ACCEPTING REPORT, STORM
Sisk, to accept the report on the 36 inch storm sewer on Ranch- SEWER, RANCHVIEW LANE
view Lane south of 26th Ave. Item 8-0
Motion carried, five ayes.
Manager Willis presented a survey of other cities and their WATER RATES
water charges. The purpose of the increase is to provide funds Item 8-P
to build a second water treatment plant.
Regular Council Meeting
April 20, 1987
Page 109
Councilmember Sisk stated concern with a 25% increase.
Councilmember Vasiliou agreed, however, to raise the rate in in-
crements might appear to residents that the City is always rais-
ing its rates. If it has to be done, it may be better to do it
all at once.
Councilmember Crain pointed out that the existing customer will
also benefit in that they are protected by the additional wells
and treatment plant.
Discussion followed on benefit to the City, the need for the
water, and that residents can control their use and, therefore,
their bills.
MOTION was made by Councilmember Crain, seconded by Councilmem- ORDINANCE NO. 87-09
ber Zitur, to adopt ORDINANCE NO. 87-09 AMENDING SUBSECTION INCREASING WATER RATES
720.17(b) OF THE PLYMOUTH CITY CODE RELATING TO RATES AND CHAR- Item 8-P
GES FOR CITY WATER SYSTEM.
Motion carried on a Roll Call vote, four ayes. Councilmember
Sisk voted nay.
The Council reviewed the first quarter 1987 financial reports. FIRST QUARTER FINANCIAL
Director Hahn pointed out that building permits are higher than REPORTS
last year as are charges for services. Item 8-Q
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-259
Zitur, to adopt RESOLUTION NO. 87-259 DECLARING COST TO BE DECLARING
ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1986 WEED ERADICATION
1986 WEED ERADICATION AND DESTRUCTION CHARGES, ROLL 3 AND 4 to Item 8-R*
be $1,667.51.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-260
ber Zitur, to adopt RESOLUTION NO. 87-260 SETTING PUBLIC HEARING ORDERING HEARING
ON PROPOSED ASSESSMENT, 1986 WEED ERADICATION AND DESTRUCTION 1986 WEED ERADICATION
CHARGES, ROLL 3 AND 4 for May 18, 1987 at 7:30 p.m. Item 8-R*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-261
ber Zitur, to adopt RESOLUTION NO. 87-261 CALLING FOR A PUBLIC ORDERING HEARING
HEARING ON AMENDING ECONOMIC DEVELOPMENT DISTRICT NO. 1 AND AMENDING DEV. DISTRICT
ECONOMIC DEVELOPMENT DISTRICT TAX INCREMENT FINANCING DISTRICT TIF DISTRICT 1-4
NO. 1-4 for May 18, 1987 at 7:30 p.m. Item 8-S*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-262
ber Zitur, to adopt RESOLUTION NO. 87-262 REDUCING DEVELOPMENT BOND REDUCTION
BOND, FOX FOREST ADDITION (80045) to $0. FOX FOREST ADDN.
80045)
Motion carried on a Roll Call vote, five ayes. Item 8-T-1*
Regular Council Meetinq
April 20, 1987
Page 110
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-263 '
ber Zitur, to adopt RESOLUTION NO. 87-263 REDUCING DEVELOPMENT BOND REDUCTION
BOND, STEEPLECHASE 2ND ADDITION (84047) to $2,744. STEEPLECHASE 2ND ADDN.
84047)
Motion carried on a Roll Call vote, five ayes. Item 8-T-2*
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-264
ber Zitur, to adopt RESOLUTION NO. 87-264 REDUCING DEVELOPMENT BOND REDUCTION
BOND, JAMESTOWN ADDITION (84024) to 14,,952. JAMESTOWN ADDITION
ber Zitur, to adopt RESOLUTION NO. 87-266 AUTHORIZING THE CON- AUTHORIZING SCHEMATIC
84024)
Motion carried on a Roll Call vote, five ayes. Item 8-T-3*
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-265
ber Zitur, to adopt RESOLUTION NO. 87-265 APPROVING DISBURSE- DISBURSEMENTS FOR
MENTS FOR THE PERIOD ENDING MARCH 31, 1987 in the amount of PERIOD ENDING 3/31/87
1,295,377.39. Item 8-U*
Motion carried on a Roll Call vote, five ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
Assistant Manager Boyles reported that the 1987 neighborhood 1987 SPRING CLEANUP
clean up program is scheduled for May. Letters will be sent to Item 9-A
homeowners associations this week outlining the program.
Director Blank stated that PRAC has reviewed the program concept PARKERS LAKE BATH HOUSE
plans. He is recommending the basic building, which could be Item 9-B
added to at some future time, plus two picnic shelters be under-
taken at this time.
Discussion followed on the fact that the design has not been
selected as yet, the park dedication budget funds to be used for
Phase I, whether Phase II should be designed now for future con-
struction to insure it would fit with the initial phase, what's
included in Phase I, where funds for Phase II would come from,
and availability of unencumbered Federal Revenue Sharinq funds.
Director Blank pointed out that he could use the building for
recreation programs year-round.
Discussion continued on whether Federal Revenue Sharing funds
could be used and replaced with park dedication funds in the
future and other sources of funding.
MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-266
ber Zitur, to adopt RESOLUTION NO. 87-266 AUTHORIZING THE CON- AUTHORIZING SCHEMATIC
SULTANT TO PROCEED WITH SCHEMATIC DESIGNS for what has been de- DESIGNS, PARKERS LAKE
scribed as Phases I and II as a single construction project with BATH HOUSE
the picnic shelters separate and a potential deduct. Item 9-B
Councilmember Sisk asked Director Blank to develop a list of
proposed uses for the building.
Regular Council Meeting
April 20, 1987
Page 111
Motion carried on a Roll Call vote, five ayes.
The Council directed staff to contact current board and commis- PLANNING COMMISSION
sion members and the January finalists for appointments to the RESIGNATION
boards and commissions to determine interest in the vacancy on Item 9-C
the Planning Commission.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Vasiliou, to appoint Gary Swedberg as Plymouth's representa-
tive to the West Hennepin Human Services Board.
Motion carried, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Vasiliou, to appoint Mary Patterson as Plymouth's represen-
tative to the Community Education Advisory Council of School
District 284.
Motion carried, five ayes.
The meeting adjourned at 10:50 p.m.
City Clerk
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 23, 1987
TO: Mayor & City Council
FROM: James G. Willis, City Manager'
SUBJECT GAME FARM REQUEST - SAMUEL VIRGINIA
SUMMARY: Last Monday evening, Mr. Samuel Virginia and Mr. Bill Ruff
appeared at the Plymouth Forum to express their concern about the
possibility of having to relocate their "fox farm" from 16810 CountyRoad47. Because the City Attorney had previously been in corres-
pondence with Mr. Virginia with respect to this matter, the Council
indicated to him that .it did not want to further discuss the matter
until he had responded to the City Attorney's letter. Attached is a
letter dated April 21 from Mr. Virginia and Mr. Ruff dealing with this
matter. They are requesting the opportunity to have one year in which
to relocate their operation from Plymouth. I am also attaching otherbackgroundinformationforyourreviewattheirrequest. Because the
City Attorney has been in trial, he has not as of this date had an
opportunity to review the most recent correspondence, but he will be
prepared to discuss it on Monday evening.
JGW:jm
attach
J ;
Til; C:i t_;,: .If F'1 va,c,uth f
I Ct,... Rd. 4 :
FR,: Bi 11 Ruff:`S am Virginia.
Dear Ci t 0+ F'1 ymouth;
Thi= letter' i in response to the or en fclr-um meeting with
the_i _un_i 1 n r,r 2Q, _, Be1o., i=_ a. pr op,e.•y.1 a.
is t';. Couric 1 ,ri 1 1-
requested of what vie 1;,1r_,ul d 1 i ke Ito Ido 1!.1I th the an i m•a.l . on
the property at 16810 Cty Rd. 4 . To beQi n !!ji t I ('jou1 d 1 ike
to descr I be the current s I teat I on under !h!h i ch the an i mal
are beino ma.int.a.ined.
adult f c , " i P 'a. i r' :'1 i r, 1 ,_, , : , 1 '.' = f o c, t car- = a. n d
t
n_
J 1 I e adultt y' I_I : .ti t' t h I 1 1 1 ,_ a t i C, n
JF-+ 1711 n1i1_ I'r,t"nd tii .i.1,d ..rl•:i' fTl_1• -. J1 1 '
The er!t i re a. r•ea. I = S ur•roun d e d bJ' .a. _•I x +o ot h I Iah 'I'price k.,.); t f
the on 1 `.• en tr'a.nce be I ng through a, l 1_Ick.ed barn door. Th i
I:! __.ter, 1 ' r' .. rl Id !:',, , r• rl h ,=1 c1 t a. t 1 e a. _. t b I a. rl rl !J :. l 1
ar'e Iii en di r -
more -frequent i f handl ed or moved often . The animal s are
fed a. pet 1 e t e d procee•=_•ed food so no (dead an ima1 = a.r.e brought
on to the propert;: and used as food. The manure is ra.ck:eld
on a. regul a.r ba.__i = and ha.u1 ed t11 a. ,_"r,r1cl-t p i l e I,ji-!er'e I t 1 =
m i >` ed !.!,j i t h l e a. f a. n Id s t r a.+.!,+ m u t 1_ h.
I:'•1 e +eel the anima1 a. re -1 1 ri _I ! 1 t.! t h r a a, t are 1 f,! 1 1cared
for a.rld are not disturbing a.nyone. Thus we feel that the Ma. -Y,
1, 1,387 deadline to remove the a.n lrrlal = is. not .a.dequa.te +or
two reasons. One being that the fox are cur•r'entl y i n
whelping season and any disturbance of the adu l is +.!• 1 1 1
result in a. loss of purl=. Secondl-y the current home needs
to be put on the market and a. ne+:1:1 location, outside the
c i ty, found.
At t h i im- _J I ik: tc, ask. the Cit of F'1yr,outh totri,!;le Ixli ,1 1 , e
al 1 0!:':, the fox to remain ort the 1 •a.nd tor a. ma.'''. I mum of one
1 L J. _
ar 4',!rll_I ih++1u117 a.11,1,.1 a.degU•.tle '.Irle ,. I_I _.r1 I the Lurr'er+t
pr'opert ' and relocate the animals. toe could report on a.
quarterly basis as to the progress being made to relocate
the animals, if desired.
SincerelySincerely,
Bi 1 1 Ruff
Sam Virginia
PLYMOUTH POLICE DEPARTMENT
I _' DATE/TIME REPORT MADE
MESS I•,Ey CONTROL NUMBER OCAI CONT AGENCY NGC [DENT. CAG 3/5/87 at 0730
81 77b7, 0,--) M N 0 2 7 1 7 0 01 ;
IDAY: I SIM! T!W1 T1 F, S j
L^ DATE REPORTED RCD TIME RPD ,TRP LOCATION GRID NBR (LGN) -
PLACE COMMITTED (PLC)
O LNBR HRD SQUAD OR BADGE . (SBN) TIME ASIC. (TAS) TIME ARR (TAR) TIME CLR. (TCL)
T0,T ( 1611 1 / P 17 3 0 , 1, 4 2 9 / 1 4 4 0
LNBR ISN UOC UC
0 1 1rl
LNBR / I /
IUD- /
U
OFFENSE El OR INITIAL COMPLAINT[]
Animal Ordinance Violation
VICTIM (IF FIRM, NAMF OF FIRM & NAME OF PROP.)
OFFICER ASSIGNED ASSISTED BY
J. Laurence D. Phillips
SUPR. APPROVED DETECTIVE 5$IGNE0
C//)/
DATE & TIME OCCURRED
Ongoing
BUSINESS ADDRESS
HRD Codes
P Phone
R - Radio
A Alarm
I In Person
V Visual
M Mall
T Other
BUSINESS PHONE
City of Plymouth HOME ADDRESS HOME PHONE
D.O.B. OCCUPATION SCHOOL GRADE ,PARENT'S NAMES
IF VICTIM IS IF
A PERSON JUVENILE
PERSON REPORTING OFFENSE TO POLICE BUSINESS ADDRESS BUSINESS PHONE
Citv of Plymouth
Al Cottingham HOME ADDRESS HOME PHONE
FINDINGS. DISPOSITION OR LOSS
SUSPECT: SAMUEL AND JOYCE VIRGINIA, 559-8372, 16810 COUNTY ROAD 47,
PERSON MENTIONED: JEFF HOWARD, 5140 ZACHARY LANE,
PERSON MENTIONED: CONSERVATION OFFICER DENNIS JOHNSON
I received a note through Frank Boyles, from Al Cottingham, indicating that he suspected
there was a game farm operation going on at 16810 County Road 47. According to the
complaint that Al had received, the Virginias are raising numerous fox on their property.
I discussed the matter with CSO Phillips. He indicated that he had worked a couple of weeks
earlier with Conservation Officer Dennis Johnson regarding this same matter. At that time,
Officer Johnson had checked into whether the State had issued the Virginia's a license to
operate a game farm. He was informed that the Virginias had just applied for their game
farm license. In checking the matter further, Officer Johnson learned that most of the Fox
on the Virginia property had come from Jeff Howard. It is unknown whether the animals are
owned by Jeff Howard and just being stored on the Virginia property or whether ownership has
transferred to the Virginias.
At 1130 hours I spoke with Conservation officer Johnson at our office. We made an appointme
to inspect the Virginia property at 0900 hours on Saturday, March 7, 1987. As of this date,
Officer Johnson has not received any paperwork from the state indicating that someone in his
jurisdiction had applied for a game farm license. He indicated that if an application was
made and processed, it would then be turned over to him for final approval.
I then spoke with Assistant City Manager, Frank Boyles III he indicated that it was his
understanding that we should go ahead and investigate this matter as a violation of the Wild
and Viscious Animal Ordinance, unless this was counter indicated by discussion with the City
Attorney. I will be checking with Sgt. Saba to see whether he has gotten an opinion from t
UCS DISPOSITION ATtOr
P - Pending
C - L-C./CL.RD.
U - Unfou,ded
J CL -HD Arrest Juv.
A - CLRDi Arrest Adult A - ASstst/Advised
G GOA/UTL
R Ret. Otn..Agen,y 0 -Other
EN-FFPEDCJRS BY:
POLICE DEPT.
iDENT
WILD ANIMAL ORDINANCE VIOLATION
CITY OF PLYMOUTH
SUPPLEMENTARY/CONTINUATION REPORT
DATE & TIME UUUUHHtU
ONGOING
SUSPECT: SAMUEL JAMES VIRGINIA, DOB/11/10/61,
SUSPECT #2: WILLIAM CHARLES RUFF, JR, DOB/2/16/60,
ASE NO '
87-2840
NFE- NO
5
On 3/7/87, myself and conservation officer Dennis Johnson,
inspected the property at 16810 County Road 47. The time was
approximately 8:50. We met Mr. Virginia at his front door and
informed him of the purpose of our visit. He went and got dressed
and accompanied us. Located at the bottom of the hill, directly
behind his house he has a fenced in area containing approximately
20 cages. Each cage is about ten feet long and about four feet
wide and four feet high. Each one is elevated from the ground
about one foot. Each case has a large open area that is
surrounded by heavy mesh on all sides. At the back of each cage
is a small den area for the animals. Each cage contains a male
and a female pair. Myself and Officer Johnson made an inventory
of the fox that were present:
SILVER FOX - 34
These were large animals and were a grayish blue in color
ARCTIC FOX - 2
These were small and were pure white
BLUE FOX - 1
This was also small and was a darker blue/silver in color
SECOND GENERATION CROSS BETWEEN RED AND SILVER FOX - 1
This animal was modeled silver and red in color
MEDIUM SIZE FOX, RED WITH BLACK FEET 7-8
At first Sam Virginia stated that these were crosses also.
Officer Johnson kept bringing the question up again and
toward the end of our visit, Sam Virginia was saying that he
was not exactly sure whether they were pure reds or crosses.
In addition to the fox, there were numerous chickens, ducks and
geese, and also a cocker spaniel and a malamute puppy. Sam stated
that he bought and paid for most of the fox from Jeff Howard.
Later, he produced an unofficial looking receipt from Jeff Howard
for $12,800 for 32 live foxes. He also produced a receipt from
Art Engebrits for one red fox and a receipt from Davidson's Fur
Farm in Annandale, for an unknown number of species of foxes. He
began acquiring the foxes in August of 1986. Virginia has lived
on the property for approximately one year. Sam Virginia stated
that his reason for keeping the fox at this time, is a hobby, a
tax write off and an expense. He claims that he is losing a great
deal of money raising them. Eventually he intends to sell them to
1TH POLICE DEPT.
sr pR INCVYLD ANIMAL ORDINANCE _---
CITY OF PLYMOUTH
SUPPLEMENTARY/CONTINUATION REPORT
CAt3 840
zoos over seas and to try to raise the biggest fox in the Country.
NO.
Several times during our visit, (which lasted approximately one
hour) Sam Virginia indicated that he had been expecting a visit
from the City since he really knew that he probably was not
supposed to be operating a fox farm within Plymouth. He stated
that he intends to move as soon as possible, although he has not
sold his house yet, or even put it on the market. He is close to
closing a deal on a 141 acres in the City of Dayton. He intends
to move his fox farm up to the middle of that 141 acres and
operate it out of the City of Dayton. CO Johnson covers the City
of Dayton also, and strongly advised Mr. Virginia to check into
Dayton ordinances before he moved his operation up there.
Mr. Virginia seemed to realize that he would not be allowed to
continue to his fox operation in Plymouth. He was interested in
knowing how the City intended to deal with the matter. I informed
him that decisions would be made by the City attorney and
Assistant City Manager and he would be informed in writing of what
the City expected of him. At this time he is in the process of
completing an application to the State of Minnesota for a game
farm license. CO Johnson informed him that the license would not
be granted, since it would not be in compliance with City
ordinances. William Ruff, is a roommate at the Virginia residence
and a partner in the fox endeavor. He is responsible in the
partnership for maintaining records.
Sam Virginia is a real estate
at 533-7000 or at a model home
provided with a five page
ordinance from the City Code.
No further information.
761 LAURENCE
TW)
CC: Sgt. Saba `Z
Frank Boyles
C';
salesman and can be reached at work
in Coon Rapids at 757-5622. He was
copy of the entire Plymouth animal
DATE: April 23, 1987
TO: City Manager James Willis
FROM: Community Service Officer Jane Laurence
SUBJECT: Captive Fox Reproductive Behavior
As per your request, I have looked into the subject of fox
breeding and requirements for proper care of young fox. I
consulted Wildlife Director Larry Gillette, of Hennepin Parks.
He cautioned that his knowledge applied to wild fox in the area
and, although he doubted it, the same behavior may not hold true
for mated pairs caged together and held in close proximity to
other mated pairs. He provided the following information: Fox
mate in approximately February when the females come in heat.
If, for some reason, a female fails to become pregnant, she will
come in heat again fairly soon and will try again. The gestation
period is approximately 60 days. Most will deliver in early
April. There may be some late litters of kits that arrive in
late April or early May. The kits nurse initially and are weened
to a solid diet by July. By late July or early August they are
adequately prepared to go off on their own. All young are
independent by the end of August.
Larry felt that insisting that Mr. Virginia have his operation
removed by September 1st would pose no threat to the young that
are being born at this time. He noted that since the fox are
being kept under conditions that are quite different from the
wild, it may be possible that they would produce broods at odd
times of the year. This could be prevented, however, by simply
separating the pairs and not allowing them to mate.
If I can be of further assistance, please let me know.
cc Sgt. Saba
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 20, 1987
TO: James G. Willis, City Manager
FROM: Frank Boyles, Assistant City ManageW
SUBJECT APRIL 20 PLYMOUTH FORUM
Mr. and Mrs. Samuel Virginia visited with Associate Planner Al
Cottingham on Friday, April 17 regarding a March 24, 1987 letter they
received from Jim Thomson (attached). Mr. Thomson's letter gives the
Virginias a reasonable period of time to May 1, 1987 to remove the
foxes from their property and to discontinue the raising and sellingoffoxes. Following receipt of the letter, Mr. Virginia has used
numerous excuses to justify his agruments that more time is needed to
accomplish this objective.
At the counter on April 17, Mr. Virginia expressed dissatisfaction
with the City's ordinances. Specifically he questioned the validity
of the wild and vicious animal ordinance (attached). He also asked
for a Conditional Use application to operate a game farm in the FRD
district. Mr. Cottingham explained to Mr. Virginia that the existing
operation is a violation of City Code in that it constitutes, a
commercial operation in an FRD zone. Since it cannot meet the home
occupation criteria, it is an illegal use which cannot be authorized.
Moreover, given the wild and vicious animal ordinance it is strictly
proscribed by Plymouth ordinance. Finally it is the City's
understanding that there has been no issuance of a state game farm
license, and therefore the operation is in violation of state
requirements as well.
The Virginias argue that their operation amounts to animal husbandry
or agricultural activities which is allowed in the FRD district.
They indicate that they do not operate a commercial establishment in
violation of the ordinance but only as a hobby.
Mr. and Mrs. Virginia have asked to appear before the City Council at
the Plymouth Forum on April 20 to express their concern about the
City's position with respect to their operation and the City's
exisiting ordinances. I believe they will request that the City
Council retract or substantially revise its ordinances to accomodate
their operation in this community.
Attachment
Ll` 1't-wi l'
to Icr
Ke llll'lh-
O'Kricn k
a Prof"siunal
A%%mial Non
2000 First Bank Place West March 24, 1987
Minneapolis
Minnesota 55402
Telephone 4612) 3334)543 Samuel and Joyce Virginia
Telecopier (612) 433-0540 16810 County Road 47
Clayton L..LeFevere Plymouth, Minnesota 55447
Herbert P. Lefler
J. Dennis O'Brien .
John E. Drawz Dear Mr. and Mrs. Virginia:
David J. Kennedy
Joseph E. Hamilton The Plymouth Police Department has forwarded to me a
John B. Dean
Glenn E. Purdue police report concerning your raising and selling foxes
Richard J.Schieffer on your property. Such activity constitutes a violation
Charles L.LeFevere of the Plymouth City Code, and can result in either a
Herbert P Lefler III
James J. Thomson, Jr civil or criminal action against you. The City has
Thomas R. Galt requested that I take whatever legal action is necessary
Oayle Nolan to enforce the Citv Code. Brian F. Rice
John G. Kressel
James M. Strommen Before commencing any legal action, I am willing to give
Ronald H. Batty you a reasonable period of time to remove the foxes from
William P. Jordan
Kurt J. Erickson your property and to discontinue the raising and selling
William R.Skallerud of the foxes. It is my understanding in discussing this
Rodney D. Anderson matter with Sergeant Saba of the Plymouth Police
Corrine A. Herne
David O. Beaudoin Department that you are attempting to find a new location
Paul E. Rasmussen for your game farm. Please be advised that I am willing
Steven M. Tanen
youtogive u to May 1, 1987 in which to remove thegypyMaryF. Skala
Christopher J. Harrsthal foxes from your property. I have asked Sergeant Saba to
Timothy J Pawlenty follow-up on this matter on that date to determine its
ROIf A. Spon elm status. You may call either myself or Sergeant Saba if
you have any questions concerning this matter.
I hope that you will take the opportunity to correct this
situation on your property so that no legal action is
necessary.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
esW Thomson,
JJT/kjj
cc: Sergeant Thomas Saba
Frank Boyles
Steve Tallen
0
Plymouth City Code 915.21, Subd. 3
Rev. 1985)
b) Upon the issuance by the Director of Public Safety of a permit there-
fore after a showing that such trapping is necessary to eliminate a
nuisance. (Amended, Ord. No. 85-30, Sec. 7)
Subd. 3. Trapping Prohibited; Unplatted Areas. All trapping on private
property within or upon unplatted lands in the City is hereby prohibited unless
the person engaged in such trapping has received written permission from the
owner of such private property to allow trapping thereon.
Subd. 4. Exceptions. The provisions of this Subsection do not apply:
a) To persons who employ a trap on their private property to prevent an
unsafe condition, or the waste or destruction of their property, when
such persons have complied with applicable state laws;
b) To governmental officers who may in the course of their duties be
required to use a trap to catch, trap, snare, kill or otherwise
restrain the free movement of any animal, wildlife or birds for humane
or other authorized purposes; and
c) To teachers for school programs or to scientists intending to identify
animals, wildlife or birds and then return them to their natural
environment.
Subd. 5. Violation of this subsection is a misdemeanor.
915.23. Wild or Vicious Animals Prohibited. No person shall keep or allow to
be kept anyplace in the City any animal of a ferocious or vicious character.,
habit or disposition, or any animal which is wild by nature. (Ord. No. 82-14,
Sec. 1)
PLYMOUTH ZONI14C ORDINANCF
Section 7, Subdivision C
DISTRICTS USES
FRD R -IA R -1B R-2 R-3 R-4
1. P P P P Single family detached dwelling (Ord. 86-26)
2. C C C C Two family dwellings (Ord. 86-26)
2-a. P Two family dwellings in Subdivisions
approved in the R-2 Zoning District after
January 1, 1987 (Amended Ord. 86-26)
3. C C C Townhouses (not to exceed six (6) units per
buildings)
4. C C C Multiple dwellings, apartments (not to
exceed six (6) units per building)
5. C C Multiple dwellings, apartments (not to
exceed twelve (12) units per building)
6. C Multiple dwellings, apartments, congregate
housing. (Ord. 83-12)
7. C C C C C Planned Unit Development (PUD) as regulated
in Section 9
8. C C -- Manufactured Home Parks as regulated by
Section 9, Subdivision C (Ord. No. 82-26)
9. C C -- Manufactured Homes (Class I) (Ord. No.
82-26)
10. P C -- 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.
11. C C C C C C Parks and recreational areas owned or
operated by public bodies, other than the
City of Plymouth
12. P P P P P P Golf courses (except club houses, miniature
courses and driving tees operated for
commercial purposes)
13. C C C C C C Private recreation including golf club
house, country club, swimming or tennis club
14. C C C C C Public schools or equivalent private schools
15. C C C C C Churches or other religious or philanthropic
institutions, cemeteries
7-3
PLYMOUTH ZONING ORDINANCE
p Section 7, Subdivision C
DISTRICTS USES
FRD R -1A R -1B R-2 R-3 R-4
16. C Churches, Rural Community (Amended Ord No.
86-07)
17. C C C C C Day care center and nursery school when
operated in churches or public or private
schools.
18. C C C Day care center and nursery school only for
persons residing within the development.
19. C C C C C C Municipal, administrative or service
buildings or uses including public and semi-
public institutions, libraries, mus-
eums, post offices, etc. except industrial
type uses
20. P P P P P P Essential services
21. C C C C C C Essential service buildings
22. C C C C C C Home occupations as defined by this
Ordinance
23. C C C C C C Railroad rights of way
24. C C C C C C Cemetery
25. P P P P P Temporary real estate office (until
development is completed). See Subdivision
F (Amended Ord. No. 82-08)
26. C Boarding and lodging houses
27. C Convalescent and nursing homes, congregate
housing. (Amended Ord. 83-12)
28. C Hospitals
29. C Private clubs and lodges (except those
carried on as a business type use)
30. C Riding academies
31. C Dog kennels as a secondary use, pet
cemeteries
7-4
PLYMOUTH ZONING ORDINANCE
Section 7, Subdivision C
DISTRICTS USES
FRD R -1A R -1B R-2 R-3 R-4
32. C C C C C C
33. A C -- -- -- --
34. P P P -- -- --
35. 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. A A A A A A
41. A A A A A A
42. A A A A A A
43. P
44. P
Mining or land reclamation.
Barns, stables, silos, other agricultural
buildings
Residential Care Facilities licensedby
the state and regulated, located, and
operated per state statutes
Keeping of not more than two (2)
boarders or roomers by a resident
family
Living quarters of persons employed on
the premises
Private recreation facilities, swimming
pools, tennis courts, etc.
Secondary uses customarily incident to
the permitted or conditional uses
allowed in the district
Private garage, boathouse, dock or pier
Signs as herein regulated
Fences as herein regulated
Parking as herein regulated
Transient merchants as regulated in
Section 10 (Amended Ord. 86-07)
Transient produce merchant as regulated
in Section 10 (Amended Ord. 86-07)
7-5
1
CITY OF PLYMOUTH
8
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 23, 1987 For Council Meeting of April 27, 1987
117 k
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT. Award of Contract
S.J. Groves Office Park Area
City Project No. 648
Golden Rod Lane
City Project No. 704
MWCC Forcemain
Attached is a letter from Strgar-Roscoe-Fausch, Inc. outlining their
recommendations and awarding the contract for the above referenced
projects. We are in agreement with the recommendation of
Strgar-Roscoe-Fausch, Inc. as outlined in the third paragraph on page
2. Further, the State has not prepared the agreement with the City,
and therefore, we are deleting Schedule "C" from the award. The
contract is structured to allow the City Council to delete a "Schedule"
if they so desire. We have approval from the Metropolitan Waste
Control Commission to award Schedule "B".
With these changes, Bury & Carlson, Inc. are still the low bid. We,
therefore, recommend that the Council adopt the attached resolutions
awarding the contract to Bury_ and Carlson, Inc. in the total amount of
865,117.71, Change Order No. 1 in the amount of deduct $138,454.
Sherman L. Goldberg, P.E.
SLG:kh
Attachments: Resolutions
Letter
Tabulation of Bids
Change Order
CITY OF PLYMOUTH
0
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the dav_
of , 1987. The following members were present:
The following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
RESOLUTION ACCEPTING BID
S.J. GROVES OFFICE PARK - STREET AND UTILITY IMPROVEMENTS
PROJECT NO. 648
HIGHWAY 55/GOLDENROD LANE INTERSECTION IMPROVEMENTS - PROJECT NO. 704
MWCC SEWER FORCEMAIN
WHEREAS, pursuant to an advertisement for bids for the improvement of:
1. 13th Avenue/County Road 18 intersection and the County Road 18/Highway 55
frontage road by the installation of watermain, storm sewer and street
improvements (Project No. 648) Schedule "A"; and
2. MWCC Forcemain for Lift Station C at County Road 18 and Trunk Highway 55
Schedule "B"; and
3. The improvement of the intersection at Trunk Highway 55 and Goldenrod Lane
Project 704, State Project No. 2723-82) Schedule "C", and
WHEREAS, the Minnesota Department of Transportation has not submitted an agreement
to the City for Project No. 704, and therefore, the Schedule "C" is deleted from
the amount; and
WHEREAS, bids were received, opened and tablulated according to law, and the
following bids were received complying with the advertisement:
Company Schedule A
Bury & Carlson, Inc. 704,592.71
Shafer Contr. Co. 824,166.35
C.S. McCrossan, Inc. 816,825.65
Hardrives, Inc. 808,182.60
Alexander Const. Co. 821,498.33
Schedule B Schedule C Total Bid
160,525.00 28,992.15 894,109.86
104,309.00 37,162.25 965,637.60
124,692.00 39,947.90 981,465.55
151,797.00 36,715.70 996,695.30
146,835.40
Buffalo Bituminous 892,655.75 116,262.00
37,580.03 1,005,913.76
33,822.55 1,042,740.30
AND, WHEREAS, it appears that Bury & Carlson, Inc. of Minneapolis, Minnesota is
the lowest responsible bidder;
0
Resolution No. 87 -
Page Two
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH:
1. The Mayor and Clerk are hereby authorized and directed to enter into the
attached contract with Bury & Carlson, Inc. of Minneapolis, Minnesota in
the name of the City of Plymouth for the improvement of City Project No.
648, the MWCC Sewer Forcemain, according to the plans and specifications
therefore approved by the City Council and on file in the office of the
City Clerk, said low bid being $865,117.71 for Schedule "A" and "B" only.
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.
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
1987. The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
APPROVING CHANGE ORDER NO. 1
S.J. OFFICE PARK - STREET AND UTILIITY IMPROVEMENTS
PROJECT NO. 648
WHEREAS, the City of Plymouth has entered into a contract with Bury and
Carlson, Inc., Minneapolis, Minnesota for the improvements under Project No.
648, SAP 27-618-57, including the installation of traffic signals at the
intersection of County Road 18 and 13th Avenue - Plymouth Avenue; and
WHEREAS, State Aid is required and has not vet been received for said traffic
signals.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that the traffic signal portion of the contract under
Project No. 648 is deleted from the contract in the amount of deduct
138,454.00.
Original Contract Amount $865,117.71
THIS CHANGE ORDER NO. 1 - Deduct 138,454.00
REVISED CONTRACT AMOUNT...... $726,633.71
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
0
D STRGAR-ROSCOE-FAUSCH, INC.
CONSULTING ENGINEERS
TRANSPORTATION CIVII. STRUCTURAL ENGINEERS LAND SURVEYORS
April 22, 1987
Mr. Fred G. Moore, P.E.
Director of Public Works
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Fred:
RE: S. J. GROVES OFFICE PARK AREA
CITY PROJECT NO. 648
GOLDENROD LANE
CITY PROJECT NO. 704
File No. 0860763
0860797
Transmitted herewith please find the Bid Proposals and Bid
Bonds which were received on Friday, April 17, 1987 for the
above referenced projects.
The proposals were separated into three schedules as
follows:
Schedule A - Grading, streets, storm sewer, utility and
traffic signal construction in the S. J.
Groves Office Park Area (T.H. 55/C.S.A.H.
18 northwest frontage road between Quaker
Lane and 8th Avenue North; 13th Avenue/
C.S.A.H. 18 intersection area).
Schedule B - Sanitary sewer forcemain construction in
the S. J. Groves Office Park Area (from
existing lift station west of Bassett
Creek to approximately 600 feet east of
Bassett Creek).
Schedule C - Grading and street construction at
Goldenrod Lane & T.H. 55.
All of the bids have been reviewed and checked, and a
complete bid tabulation and bid summary are enclosed with
this letter.
630 Twelve Oaks Center, 15500 Wayzata Blvd., Wayzata MN 55391 (612) 475-0010
Mr. Fred G. Moore, P.E. -2- April 22, 1987
The Council has the option of awarding the contract in any
combination of Schedule A with both, either or neither of
Schedules B and C. Favorable bids were received for
Schedules A and C; the total low bid for this combination
was 3% below the final Engineer's Estimate. The
corresponding bid for Schedule B was somewhat higher than
expected, however, the Metropolitan Waste Control Commission
has indicated that the bid price is acceptable. The low
bidder in any of the allowable combinations is Bury &
Carlson, Inc.
Hennepin County has requested State Aid funding for County
particiption in the cost of traffic signals at 13th
Avenue/C.S.A.H. 18; State Aid approval is therefore required
for this portion of the project. Plans have been submitted
to the State Aid Office and approval is expected within
three weeks.
We recommend award of the contract including all of the work
contemplated under Schedules A, B and C to Bury & Carlson,
Inc. in the total amount of $894,109.86. We further
recommend that the portion of the work requiring State Aid
approval be deleted from the contract by Change Order No. 1
attached) in the amount of $138,454.00. This is proposed
to be done with the understanding that at such time as State
Aid approval is received, that portion of the work will then
be added back into the contract by change order.
If you have any questions, please feel free to call.
Very truly yours,
STR SCOE-FAUSCH, INC.
Timothy D. Phenow, P.E.
Senior Associate
TDP:sg
Enclosure
CITY OF PLYMOUTH
STREET AND UTILITY CONSTRUCTION
S. J. GROVES OFFICE PARK AREA
CITY PROJECT NO. 648
GOLDENROD LANE
CITY PROJECT NO. 704
SUMMARY OF BIDS
Contractor Schedule A
1. Bury & Carlson, Inc. 704,592.71
2. Shafer Contracting Co. 824,166.35
3. C.S. McCrossan, Inc. 816,825.65
4. Hardrives, Inc. 808,182.60
5. Alexander Const. Co. 821,498.33
6. Buffalo Bituminous 892,655.75
Schedule B Schedule C Total Bid
160,525.00 28,992.15 894,109.86
104,309.00 37,162.25 965,637.60
124,692.00 39,947.90 981,465.55
151,797.00 36,715.70 996,695.30
146,835.40 37,580.03 1,005,913.76
116,262.00 33,822.55 1,042,740.30
Engineer's Estimate 728,040.35 128,875.00 28,679.50 885,594.85
April 22, 1987
CHANGE ORDER NO. 1
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
File No. 0860763
PROJECT: S. J. Groves Office Park Area
City Project No. 648
S.A.P. 27-618-57
CONTRACTOR: Bury & Carlson, Inc.
Minneapolis, Minnesota
WHEREAS; State Aid approval has not yet been received for the traffic
signal portion of the contract, and it is desired to award
the contract,
THEREFORE; Traffic signal items are deleted from the contract as
itemized below:
DECREASE * III
Unit
Item No. Item Unit Quantity Price Price
2564.531 F & I Sign Panels Sq. Ft. 146.0 19.13 2,792.98
Type "D" - Signals
2565.511 Full Traffic Actuated Sig. Sys. 1.0 68,079.90 68,079.90
Trfc. Ctrl. Sig. Sys."A"
2565.511 Full Traffic Actuated Sig. Sys. 1.0 67,581.12 67,581.12
Trfc. Ctrl. Sig. Sys."B"
TOTAL DECREASE IN CONTRACT AMOUNT 138,454.00
ISSUED:
a-7
STRGAR-ROSCOE-FADSClf, INC. DATE
ACCEPTED:
BURY & CARLSON, INC. DATE
APPROVED:
CITY OF PLYMOUTH DATE
CITY OF PLYMOUTH DATE
METROPOLETRI' k
W11fT1
CORTRa
COfTlt iff10 'r
Twin Cities Brea
April 22, 1987
Mr. Fred Moore, Dir. of Public Works
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Re: MWCC Project Number 86-55
City of Plymouth Project 648
Dear Mr. Moore:
The Metropolitan Waste Control Commission staff has reviewed the
bids for City of Plymouth Project Number 648 and accepts the bid
for Schedule B, Forcemain Construction, submitted by Bury &
Carlson, Inc. In accordance with Agreement Number 2314, you are
hereby authorized to award the contract to Bury & Carlson, Inc.
for construction of Schedule B of City of Plymouth Project Number
648 at a cost of $160,525.
Please contact Mr. Harold Voth of the Commission staff if you
have any questions.
Very truly yours,
Louis J. Breimfiurst
Chief Administrator
LJB:HPV:pap
L-226
cc: S. Rick Brown - Strgar, Roscoe, Fausch
Scott Young - BRA
0
8 C
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 24, 1987 For Council Meeting of April 27, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT• Deep Wells No. 8 and 9
Pumping Facilities
City Project No. 625
At the April 20, 1987 Council meeting the City Council deferred action on
the award of contract for the pumping facilities for Deep Wells No. 8 and
9. This was done upon my recommendation in order that the City Attorney
and staff could re-evaluate the specification with regard to the "Base
Bid" and the "Alternate Deduct".
I have reviewed this matter with the City Attorney, and it is his opinion
that legally the City Council could award the contract based upon either
the Base Bid, or the Base Bid with the Alternate Deduct.
After reconsideration of their original recommendation the consulting
engineer is now recommending that the contract be awarded upon the Base
Bid. This is based upon their re-evaluation that we should not consider
alternate equipment for Well No. 9 at this time. Since the drilling of
Well No. 9 is not complete, it has not been test pumped, and the final
capacity of the well is not known.
The information from the test pumping on Well No. 8 indicates that the
wells will have a capacity of 1,700 - 1,800 gallons per minute (g.p.m.).
The specifications indicated that the capacity of the wells would be
2,000 gallons per minute. For this reason, after the exact capacity is
known after test pumping, it may require a revision to the pump in order
that the most efficient pump will be installed to meet the actual
capacity of the well. Therefore, the consultant is recommending that the
contract be awarded upon the Base Bid. I concur with this
recommendation.
Attached herewith is a resolution for City Council adoption approving
this recommendation.
Fred G. Moore, P.E.
FGM:kh
Attachment: Resolution
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day
of , 1987. The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
RESOLUTION ACCEPTING BID
DEEP WELLS NO. 8 AND 9 - PUMPING FACILITIES
PROJECT NO. 625
WHEREAS, pursuant to an advertisement for bids for Deep Wells No. 8 and 9,
pumping facilities, City Project No. 625; and
WHEREAS, bids were received, opened and tablulated according to law, and the
following bids were received complying with the advertisement:
Company
Richmar Construction
A & K Construction
Grider Construction
Orr Construction Company
Merrimac Construction Company
Bergerson Caswell
AND, WHEREAS, it appears that Richmar Construction of Fridley, Minnesota, is
the lowest responsible bidder, based upon the base bid; and
WHEREAS, the requirement to submit the Pump Data Sheet prior to the bid date is
waived as an irregularity in accordance with the Advertisement for Bids.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH:
1. The Mavor and Clerk are hereby authorized and directed to enter into
the attached contract with Richmar Construction of Fridley, Minnesota
in the name of the City of Plymouth for the Deep Wells No. 8 and 9,
Pumping Facilities in the amount of $246,260.00.
2. The City Clerk is herebv 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.
Alternate
Base Bid Deduct
246,260 10,000
248,592 13,000
254,000 12,500
259,000 12,400
263,235 2,850
302,663 15,500
AND, WHEREAS, it appears that Richmar Construction of Fridley, Minnesota, is
the lowest responsible bidder, based upon the base bid; and
WHEREAS, the requirement to submit the Pump Data Sheet prior to the bid date is
waived as an irregularity in accordance with the Advertisement for Bids.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH:
1. The Mavor and Clerk are hereby authorized and directed to enter into
the attached contract with Richmar Construction of Fridley, Minnesota
in the name of the City of Plymouth for the Deep Wells No. 8 and 9,
Pumping Facilities in the amount of $246,260.00.
2. The City Clerk is herebv 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.
J I Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
612.6Apr6?022 1987P
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Engineers & Architects
Otto G. Bonestroo, P.E.
Ruben W. Rosene, P.E.
Joseph C. Anderlik, P.E.
Bradford A. Lemberg, P.E.
Richard E. Turner, P.E.
James C. Olson, P.E.
Attn: Mr. Fred G. Moore
Director of Public Works (
41%-
12223?
4Re: Wells 8 and 9 Pumping FacilitiesPlymouth, MN
QP 1987NProjectNo. 625 oQf plymouth o
Our File No. 70234 C
Dear Fred:
Glenn R. Cook, P.E.
Keith A. Gordon, P.E.
Thomas E. Noyes, P.E.
Richard W. Foster, P.E.
Roberto. Schunichr, P.E.
Marvin L. Sorvala, P.E.
Donald C. Burgardt, P.E.
Jerry A. Bourdon, P.E.
Mark A. Hanson, P.E.
Ted K. Field, P.E.
Michael T. Rautmana, P.E.
Ruben R. Pfefferle, P.E.
David O. Luskura, P.E.
Thomas W. Peterson, P.E.
Michael C. Lynch, P.E.
Karen L. Willis, P.E.
James R. Maland, P.E.
Kenneth P. Anderson, P.E.
Keith A. Bachmann, P.E.
Mark R. Rolfs, P.E.
Robert C. Russek, A.I.A.
Thomas E. Angus, P.E.
Scat L. Young, P.E.
Charles A. Erickson
Leo M. Paweisky
Harlan M. Olson
Susan M. Eberlin
Six bids were received for the Deep Well No's 8 & 9 Pumping Facility and the
lowest Base Bid amount was $246,260.00 from Richmar Construction. Richmar
Construction is a reputable contractor and has experience in constructing
pumping facilities. We therefore recommend that the contract be awarded to
Richmar Construction.
Alternative equipment questions were offered by the low bidder as requested by
the contract specifications. Alternate pump quotations were requested for two
reasons:
1. To allow selection of the most cost effective equipment based on an
analysis of first costs; maintenance and repair costs; energy costs
and performance. With this method, a cost effective selection rather
than only a low first cost selection of equipment can be made without
effecting the actual work bid for the project.
2. Because of the critical need of additional supply to meet summer de-
mands, it was necessary to bid this project before the actual capacity
of the wells in the new well field were known. Therefore, assumptions
were necessary in determining the design parameters of well pumps. By
requesting Alternative Equipment quotations, selection from a wider
variety of pumps is available, should actual conditions vary from
assumed conditions.
Both the low bidder and the second bidder provided alternative equipment quo-
tations on a 1800 rpm motor and pump. If this equipment would be selected,
the second bidders final amount would be lower by $668.00.
The specifications did not indicate the manner in which alternative equipment
quotations would be considered when determining the low responsible bidder.
Therefore, we recommend award of the contract on the base bid to Richmar in
the amount of $246,260.
Page 1.
3301e
It is our intent to review and analyize alternative equipment and associated
costs relative to the final well capacity and cost effective equipment per-
formance. Our recommendations regarding final equipment selection will be
presented to the City in the form of a prepared change order. The prospective
change order is expected to reduce the contract amount in the range of $13,000
to $20,000. Part of this reduction results from alternative equipment quota-
tions and the balance from a lower well capacity than originally anticipated.
Another reason for the recommendation to award the project rather than rebid-
ding it is coordination. The temporary pumping provision included in the Base
Bid is of a primary concern to the City to provide additional supply during
the summer of 1987. The coordination of temporary pumping facilities and
simultaneously constructing permanent facilities is critical to insure water
supply on an continuous basis. The project Base Bid places this responsibil-
ity on the contractor and allows operating personnel one company to contact
should a problem occur.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Richard W. Foster
RWF:ci
Page 2.
3301e
0
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 16, 1987 For Council Meeting of April 20, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT • Award of Contract
Deep Wells No. 8 and 9
Pumping Facilities
City Project No. 625
On April 10, 1987 bids were received for the pumping facilities for Wells
No. 8 and 9. Since the bids were received, the consulting engineer has
been analyzing the bids and attached is a letter with their recommend—
ation. Also attached is a copy of the tabulation of the six bids
received.
The specifications provided for a base bid on the equipment, as
specified, with an alternative deduction or addition for a different type
of motor on Well No. 9. Each one of the contractors provided a deduction
for a different motor. The consultant has analyzed the alternate motor
proposed, and it is equal to the motor included within the specific—
ations. For this reason it is recommended that the alternative motor be
accepted.
Based upon the acceptance of the base bid, and the alternative bid, the
low bidder for the project is A & K Construction in the amount of
235,592. We have discussed this with the City Attorney, and he concurs
with this recommendation.
Attached herewith is a resolution for Citv Council adoption approving
this recommendation.
Fred G. Moore, P.E.
FGM: kh
Attachment: Resolution
Bid Tab
Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
672.636.4600
April 15, 1987
Engineers & Architects
Honorable Mayor and City Council
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Deep Well No. 8 & 9 Pumping Facilities
Project 625
Our File No. 70234
Dear Mayor and Council:
Otto G. Bonestroo, P.E.
Robert W. Rosene, P.E.
Jweph C. Anderlik, P.L'.
Bradford A. Lembert. P.E
Richard E. Turner, P.E.
James C. Olson, P.E.
Glenn R. Cook, P.E.
Keith A. Gordon. P.E.
Thomas E. Noyes, P.E.
Richard W. Foster, P.E.
Robert G. Schumclo. P.E.
Marvin L. Sorvala, P.E.
Donald C. Burtardt, P.E.
Jerry A. Bourdon, P.E.
Mark A. Hanson, P.E.
Ted K. Field, P.E.
Michael T. Roulmann, P.E.
Robert R. Pfelferle. P.E.
David O. Laskota, P.L.
Thomas W. Peterson, P.E.
Michael C. Lynch, P.£.
Karen L. W'dlis, P.E.
James R. Muland, P.E.
Kenneth P. Anderson, P.E.
Keith A. Bachmann, P.E.
Murk R. Rolls. P.E.
Robert C. Russek, A.I.A.
Thomas E. Angus, P.E.
Scott L. Yount, P.E.
Charles A. Erickson
Leo M. Pawehky
Harlan M. Olson
Susan M. Eberlin
On Friday April 10, 1987 sealed bids were received for the above referenced
project. A total of 6 bids were received and a tabulation of the lowest five
bids is attached. A summary of the five lowest bids is presented below:
Bid Summary
5. Merrimae Const. Co. 263,235
Four of the five lowest bidders provided an alternative equipment bid for an
1800 RPM submersible pump motor as opposed to the specified 1170 RPM sub-
mersible pump motor. The deductions for the alternative bid ranged from
10,000 - $13,000 as indicated in the above table. We have reviewed the
operating data for both the specified and alternative bid motor and found that
the operation cost will be the same for both. We recommend that the City
accept the alternative equipment bid for a 1800 RPM submersible pump motor.
3157e
r,3 415161 f8r
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1
Bidder Base Bid Alternative Bid Base Bid less
1800 RPM Motor) Alternative Bid
1. Richmar Const. 246,260 10,000 236,260
2. A & K Const. 248,592 13,000 235,592
3. Grider Const. 254,000 12,500 241,500
4. Orr Const. Co. 259,000 12,400 246,600
5. Merrimae Const. Co. 263,235
Four of the five lowest bidders provided an alternative equipment bid for an
1800 RPM submersible pump motor as opposed to the specified 1170 RPM sub-
mersible pump motor. The deductions for the alternative bid ranged from
10,000 - $13,000 as indicated in the above table. We have reviewed the
operating data for both the specified and alternative bid motor and found that
the operation cost will be the same for both. We recommend that the City
accept the alternative equipment bid for a 1800 RPM submersible pump motor.
3157e
r,3 415161 f8r
9 j
l utli w
1
Richmar Const. had the low base bid at $246,260, however, with the acceptance
of the alternative equipment bid, the low bidder is A & K Const. at $235,592.
We recommend award of the contract to A & K Const. in the amount of $235,592.,
subject to the City Attorney's concurrence with the award.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Robert G. Schunicht
RGS:ci
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RICHMAR CONSTRUCTION INC.
7776 Alden Way, Fridley, MN 55432 Phone: (612) 574-1189
April 16, 1987
Honorable City Council
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Gentlemen:
On April 10, 1987, we provided a bid to the City of Plymouth based on
the specifications as prepared by Bonestroo, Rosene, Anderlik and Assoc. ,
Inc.. Our bid was made using the Base Bid Jacuszi pump (one of four
listed manufacturers) and was made without an attempt to change the
specified design requirements under section 11171 of the specifications.
The design requirements required a pump and motor operating at a speed
of 1170RPM. Although the specifications requested "alternate bids" on
pumps of other manufacturers, they did not request alternate bids for
pumps with different design perameters.
Although we did include on our bid form a deduct for the Layne pump
operating at 1800 RPM, this deduct was based on the "net" difference
in cost between the Jacuzzi pump used in our Base Bid and the cost of
the Layne pump less the deduct they offered for an 1800 RPM pump.
We included this item only because we were told by Layne that all other
bidders were doing so. The late timing of this information (one hour
prior to bid opening) did not allow us time to check with Jacuzzi Pump
Co. and obtain their price difference for an 1800 RPM submersible pump.
It is our feeling that the award of this project should be based on the
Base Bid price or the Base Bid price as modified by"approved" alternates
and should not take into consideration any alternate prices which incorporate
a design change.
Should a change in the design of the submersible pump to 1800 RPM be
deemed to be acceptable, this change should be made by "change order"
after award of the contract.
Should such a change order be requested, the total deduct offered by
Jacuzzi for an 1800 RPM submersible pump in lieu of the 1170 RPM
pump will be $14, 280. 00. This figure includes the difference in cost,
plus tax, and the reduction in freight costs. Achange order in the above
amount would reduce the contract amount to $231, 980. 00.
RICHMAR CONSTRUCTION INC. _
7776 Alden Way, Fridley, MN 55432 Phone: (612) 574-1189
Thank you for opportunity to bid on your project and for your consideration
of this letter.
Should you have any questions regarding our bid, or this letter, I will
be in attendance at the April 20th Council meeting and I will be happy
to answer them for you.
Sincerely,
RICHMAR CONSTRUCTION INC.
Richard H. Netz
President
cc: Bonestroo, Rosene, Anderlik & Assoc.
r,
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 23, 1987
TO: dames G. Willis, City Manager
FROM: Laurie Brandt, Clerk
SUBJECT EMPLOYEE SUGGESTION - VOLUNTEER RECOGNITION
SUMMARY: At the February 23 meeting, the Council directed that the
volunteer recognition employee suggestion be referred back to the staff
to determine specifically: 1) which volunteers are to be recognized
under the program; and 2) the specific type of recoqnition for each type
of volunteer.
The Employee Suggestion Committee met with Eric Blank this week to
finalize the form of the volunteer recognition program which will be
presented to the Council for approval on Monday, April 27. The
recommended steps are as follows:
I. Recognition by the Council could take the form of the following•
A. Board, Commission and Task Force Members
1) Board, Commission, and members of task forces which
operated during the previous year would be invited to an
annual dinner at a local restaurant, possibly in February.
The Council would host the event which would include
members' spouses.
2) Board, Commission and Task Force members would also receive
a plaque upon completion of the assigned task or term of
office.
B. Other Volunteers
1) Plaques and/or certificates of appreciation would be used
to recognize other volunteers. They would be presented at
the first meeting in February.
2) A plaque would be awarded to a club or organization which
has volunteered over an extended period of months and/or
years; for example, the Garden Club, which works hours each
week over many months and has done so for several years.
3) Framed certificates of appreciation would be awarded to '
individual members of clubs or organizations; for example,
the Garden Club who have been involved over an extended
period of time. To be awarded at the same time as the
plaque is awarded to the organization.
4) Certificates would be provided to clubs or organizations
who perform sporadically over the year; for example, key
Neighborhood Watch contacts.
5) Certificates to clubs or organizations; for example, a
Scout troop doing volunteer work in one of the parks on a
one time basis. In such cases the certificate should be
awarded at a Council meeting immediately after the work has
been performed rather than waiting until February.
II Names of clubs to receive the certificates could be collected as
follows:
A. Forms (see attached) would be distributed to all departments for
use in designating volunteers for recognition along with a memo
describing the program.
B. The ROCK would tell employees that the program was in operation
and blanks were available from me if they knew of anyone
deserving recognition.
C. Departments would be asked on a quarterly basis if they've had
anyone working for their department deserving of recognition.
III Proqram Costs
The Employee Suggestion fund has $5,000 for the year 1987. Cost of this
portion of the program would be:
Dinner at local restaurant - approximately $15.00 per person
Currently there are 30 board/commission/task force members X 2 = 60
5 Council members X 2 = 10 - plus other expenses for an estimated cost
of $1,500 annually)
Plaques cost $25.00 each and estimating 10 plaques per year = $250
Certificates are available, frames cost $5.00 each. Estimatina 50
certificates per year yields a total cost of $250
The total annual program cost is expected to be between $2,000 and
2,500.
IV Recommendation
The Committee recommends the Council approve initiation of the program
for a 12 month experimental period as a means of better recoanizinq
individuals who donate their time and effort on behalf of the
community. The program would be reviewed by the Council at the end of
that time to assess its effectiveness.
Att.
r
VOLUNTEER RECOGNITION APPLICATION
Name of Group:
Representative of Group or individual to receive award:
Volunteer service performed:
Estimated Hours:
Date(s) work performed:
Location:
Department making recommendation:
Date:
Return completed form to Laurie Brandt, Administration
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 21, 1987 For Council Meeting of April 27, 1987
TO: James G. Willis, City Manager, through Fred G. Moore', rector of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Project Status Report
93
Attached you will find project status reports for all of our current
public improvement projects.
SLG:kh
Attachments: Correspondence
Payment Schedule
herman L. Goldberg, P.E.
SLG:kh
Attachments: Correspondence
Payment Schedule
1
PUBLIC IMPROVEMENT PROJECTS
APPROVED PAYMENTS
From 03-23-87 to 04-27-87
Report No. 29
Payment Date Date of
No. Rec'd Contractor Project Approval Amount
3 4-9-87 Anderson Bros. Const. Co. Fernbrook Lane 4-15-87 $1,513.92
Proj. 544)
Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
612.636.4600
April 22, 1987
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Engineers & Architects
Attn: Mr. Sherman L. Goldberg
City Engineer
Re: Project Status Report
Our File No. 70
Dear Sherm:
Otto G. Bonestruo, P.E.
Robert W. Rosene, P.E.
Joseph C. Anderlik, P.E.
Bradford A. Lemberg, P.E.
Richard E. Turner, P.E.
James C. Olson, P.E.
Listed below is the project status of current projects:
Glenn R. Cook, P.E.
Keith A. Gordon, P.E.
Thomas E. Noyes, P. E.
Richard W. foster, P.E.
Robert G. Schunicht, P.E.
Marvin L. Sorvala, P.E.
Donald C. Burgardt, P.E.
Jerry A. Bourdon, P.E.
Mark A. Hanson, P.E.
Ted K. Field. P.E.
Michael T. Rautmann, P.E.
Ruben R. PJeJJrrlr, P.E.
David O. Luskota. P.E.
Thomas W. Peterson, P.E.
Michael C. Lynch, P.E.
Karen L. Willis, P.E.
James R. Maland, P.E.
Kenneth P. Anderson, P.E.
Keith A. Bachmann, P.E.
Mark R. Rolfs, P.E.
Robert C. Russek, A.I.A.
Thomas E. Angus, P.E.
Scott L. Young, P.E.
Charles A. Erickson
Leo M. Pawelsky
Harlan M. Olson
Susan M. £berlin
Project 542 - Olive Lane - ACG, Inc.
Project status unchanged since February report. Project to remain inactive
until restoration work can begin in late May or early June.
Project 544 - Fernbrook Lane - Anderson Brothers
No work has taken place during the past month. Utility work anticipated to
start in late May. The surcharge area has settled 1.4 feet since installation.
Project 431 - Water Treatment Plant
The plans and specifications for the Zachary Lane Water Treatment Facility are
now completed and were approved by the City Council on April 6th. The project
will be bid on May 6th.
Project 431 - Well No. 8 & 9
Well No. 8 has been test pumped and is essentially complete. The Contractor
has bailed approximately 450 cu.yds. from Well No. 9 and is working on a 24
hour per day basis for bailing.
Project 0908-007 Pike Lake Interceptor Sewer, Phase II
Bids were received and the project was awarded to S. J. Louis Construction
Co. Pre -construction meeting was held April 17, 1987. Contractors to start
clear and grubbing of trees the week of April 20th. Jacking of sewer under
CSAH #10 to start the week of April 27. Installation of sewer pipe is
scheduled to start the week of May 4, 1987.
1-
k
City of Plymouth
April 22, 1987
Page Two
Project 702 - 1987 Utilities & Berg 2nd Addition
Bid date was April 10, 1987. C.S. McCrossan was low bidder with total Base
Bid of $110,568.30. Project award April 20, 1987. Anticipate construction to
start in May 1987.
Yours very truly,
BooO S R00, ROSENE, ANDERLIK & ASSOCIATES, INC.
4arlan M. Olson
HMO/jo
3289e
SHORT-ELLIOTT-HENDRICKSON, INC.
TO: SHERM GOLDBERG, CITY ENGINEER
FROM: DAVE PILLATZKE
DATE: APRIL 22, 1987
MEMORANDUM
SUBJECT: PROJECT STATUS REPORTS
PLYMOUTH, MINNESOTA
SEH FILE NOS: 86089, 87131, 87047
Gleason Lake Drive (C.R. 15) Trail, C.P. 602
The contractor started construction on April 20, 1987. The first
work to be completed will be culvert relocations and storm sewer.
Grading for the trail and turn lanes is expected to begin by May
1, 1987.
T.H. 101 & Fernbrook Drive Trails C.P. 724
All field surveys and meetings with Mn/DOT have been completed.
Design of the trails is about 50 percent complete. The plans are
expected to be ready for City review by the first part of May.
Pavement Management Study
Recommendations have been made for each segment. We are working
with City staff to select goals, determine the time span to
complete the rehabilitation and to identify streets or areas for
years 1 and 2. Work has started on the draft report. Submission
of the final report and presentation to the Council will likely
be completed in late May or early June.
DJP:jms
200 GOPHER BUILDING • 222 EAST LITTLE CANADA ROAD • ST. PAUL, MINNESOTA 55117 • PHONE (612) 484-0272
I\,
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 23, 1987
TO: Fred G. Moore, Director of Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Status Report
Countv Road 9 Construction:
The construction on Countv Road 9 is proceeding ahead of schedule due to
the favorable weather the past several weeks.
The contractor has pretty well graded the entire stretch between Nathan
Lane and County Road 61. Although the contractor's initial schedule
called for the construction between Countv Road 61 and I-494 to start on
July 1, it appears that it will be closer to June 1. At that time a
detour will be set up to route the traffic around that segment of County
Road 9. The contractor has 35 working days in which to complete that
stretch of the work. The entire roadway between I-494 and Nathan Lane
should be ready for traffic, about October, 1987. Assuming that the
weather remains pretty much as it has been, I wouldn't think he should
have too much trouble completing the work.
Some blacktop work will be done within the next couple of weeks between
Larch Lane and Zachary Lane.
We have recently received a petition from the residents of the
neighborhood surrounding Lost Lake. They are requesting that an earthen
berm with plantings sufficient to effectively screen noise generated from
the new County Road '9 being constructed between old Countv Road 9 and new
Countv Road 9 from Revere Lane to Zachary Lane. The County has
constructed berms in several areas along the new alignment of County Road
9, and it appears that there are additional areas that could be bermed if
the dirt is available. It is my understanding that C.S. McCrossan has
excess material on the site, and I am going to contact the County about
build 1Pg additional berms.
i
SLG:kh
9 C.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 23, 1987
TO: James G. Willis, City Manager
FROM: Eric J. Blank, Director of Parks and Recreation
SUBJECT: COUNTY ROAD 61 NEIGHBORHOOD PARK CABLE RIDE
On Wednesday, April 13, we sent letters regarding the cable ride to all
individuals who had attended public meetings on the County Road 61 neighbor-
hood park, to the individuals living on the north boundary of the park
closest to the proposed location of the cable ride and the President of
the homeowners association. As of the time of the writing of this report,
I have received no calls or concerns regarding this piece of play equipment.
Accordingly, I would recommend that the City Council authorize me to
proceed with ordering this piece of equipment, so that it will be received
in a.timely fashion for installation with the rest of the play equipment
in the County Road 61 neighborhood park.
np
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 24, 1987
TO: Mayor and City Council
FROM: James G. Willis, City Manager
SUBJECT LEGISLATIVE UPDATE
Last Friday Mayor Schneider, Council Member Zitur and Frank Boyles
attended a Legislative Breakfast for city officials and legislators
from the Brooklyn Center, Brooklyn Park, Crystal, Maple Grove,
Minnetonka, New Hope, Plymouth and Robbinsdale area. Senators and
Representatives in attendance included: Representatives Shaver, Rest,
Carlson, Schreiber; and Senators Reichgott and Jude.
Rep. Rest summarized the terms of her fiscal disparities legislation.
It is a compromise proposal wherein losers lose somewhat less while
winners gain somewhat less. Perhaps the major attribute of the Rest
Proposal is that the contribution level is decreased from the current
40 percent to 30 percent, in 2 percent increments, each year. Other
revisions are phased in, including eliminating of the 1971 base
exemption as well as the pre 1979 TIF District exemption. The Rest
bill incorporates most aspects of the Association of Metropolitan
Municipalities although the timeline for phasing out certain
exemptions is not as aggressive as a bill presented by Rep. Schreiber
and another from Rep. Pauly. The consensus from legislators was that
the fiscal disparities bill is likely to be laid over for interim
study and not passed during this session.
Sen. Jude desdibed the provisions of Senate File 353 and House File
373. Both bills allow the County to establish ground water control
plans. The process of ground water control plan implementation
utilizes the water management board concept and structure. Amendments
to the bill include the addition of a fifteen -member advisory
committee, seven of which are from municipalities, to assist in the
implementation of the plan. City representatives from Brooklyn Park,
Plymouth, Crystal and Brooklyn Center expressed various concerns about
these bills. The preference seemed to be that consideration of both
bills should be delayed and preferably defeated during this session.
From discussions with others, however, it appears that the bills will
likely pass given the fact that the Senate version is on the Senate
floor, and the House file only needs passage through Government
Operations before reaching the floor.
qE
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 23, 1987
TO: Mayor & City Council
FROM: James G. Willis, City Manager
SUBJECT ARCHITECTURAL CONTROLS - PRACTICES OF GOLDEN VALLEY AND EDEN PRAIRIE
SUMMARY: Several weeks ago, some members of the Council noted
interested in considering the question of whether or not Plymouth
should adopt certain architectural controls. The cities of Golden
Valley and Eden Prairie were specifically mentioned as communities in
which efforts had been taken along these lines. The attached memo
from Frank Boyles deals with this subject. Also attached is a copy of
the Eden Prairie ordinance which has just been adopted. Selected
pages from the Plymouth ordinance are attached, noting provisions in
the non-residential areas. There are other suburban communities which
have adopted standards - but not necessarily separate, review bodies -
about building aesthetics.
If the Council is interested in exploring the adoption of similar
types of regulations, it would be appropriate to provide direction to
the staff as to what standards, procedures and requirements might be
Included in a draft ordinance prepared for consideration by the
Planning Commission.
JGW:jm
attach
DELETE K. Designs. All sites and structures within all Districts except the
Rural, R1-44, R1-22, R -13.5, R1-9.5 and RM 6.5 shall be developed in accordance
with plans and specifications prepared by a registered professional landscape or
building architect respectively. Exterior building finishes in these districts
shall consist of materials comparable in grade and quality to the following: (1)
face brick; (2) natural stone; (3) specially designed precast concrete units if the
surfaces have been integrally treated with an applied decorative material ortexture; and, (4) factory fabricated and finished metal framed panel construction,
if the panel materials be any of those named above, glass,' prefinished metal (other
than unpainted galvanized iron), or plastic. Wood trim shall not constitute more
than 25;0 of the building's exterior.3
Subd. 3 Special Requirements.
NC -1 K. Architectural Standards. All structures within all districtsexceptRural, R1-4T—,—R-F--22, R1- 3 5 -9.5 and Rpt -6.5 shall be develooed inaccordance :pith the folio% inQ desiqn standards:
1) Architectural Plans shall be prepared by a registered
rchitect and include: 1T elevations of all sides of the building; 2) type and color
of exterior building materials; 3ja typical floor plan and dimensions of all
structures; 4 location of trash containers, heatinq, air conditioning and
ventilation systems; 5 proposed screeninq of trash containers, heatinq, air
conditioninq and ventilation systems.
2) In districts N -Com, C -Com, C -Req, C -Rea -Ser, C-FF,,iy, Qfc
and Pub, seventy-five percent, (7 5,0 , of the exterior building_ finish shall consist
of materials comparable in grade and quality to the following: face brick: 2
natural stone; 3) lass.
3) In districts I-2, I-5, and I -Gen, seventy-five percent,
75/), of the exterior buildine finish shall consist of material comparable in grade
and quality to the followinq: 1- face brick; 2) natural stone, 3 glass,
specially designed precast concrete units if the surfaces have been integrally
treated with an applied decorative material or texture and smooth concrete block if
scored at least twice. — —'
4) In all districts except Rural, R1-44, R1-22, R1-13.5,
R1-9.5, and RM -6.5, wood, stucco, vinyl, metal, plastic or a combination of all
these materials, shall not comprise more than twenty-five percent, 25`0), of a
buildings exterior finish. —
G=Il,ICA, V o- 1 I qIt,
Section 170:02 (Cont.
Subd. 2. Procedures for processing complaints alleging violation of
Golden Valley City Code prohibiting unfair discriminatory practices
described in paragraph 1 above. In addition to the responsibilities
conferred upon it by Section 170.02 of the City Code, the Human Rights
Commission for the City of Golden Valley may receive and process com-
plaints of alleged violations of Section 170.025, Subdivision 1, above.
The Commission may also initiate its own investigation into apparent
unfair discriminatory practices which may come to its attention with-
out a complaint having been made. In carrying out its further respons-
ibilities as defined in this subdivision, the Commission may adopt such
further procedures as shall assist it in the handling and inquiry into
said complaints as it shall deem advisable, subject however to approval
of such procedures by the city Council. The Commission may also conduct
such informal hearings and conferences as it may deem advisable. Upon
completion of its processing of an alleged violation in the manner des-
cribed above the Commission shall make a report respecting the same
to the City Council and may then refer its findings and recommendations
to the City Attorney for appropriate action which may include misdemeanor
prosecution pursuant to subdivision, above. In addition to the foregoing
the City Council may, on its own initiative, inquire into and refer alleged
violations of Subdivision 1, above to the City Attorney for appropriate
action and/or presecution, and the office of the City Attorney may likewise
initiate its own complaint for misdemeanor prosecutions as hereinabove
provided for in Subdivision 1, hereof.
Section 170:03. Building Board of Review. There is hereby created a Golden
Valley Buildin Board of Review consisting of not more than five members, the duties
of which Board shall be to advise, recommend and assist the Building Official
and other administrative officers of the City in matters relating to the Building
Code for the City of Golden Valley and the issuance of building permits
thereunder. In addition, and acting pursuant to the direction of the Building
Official, the Building Board of Review shall periodically review the building
ordinances of the City of Golden Valley to insure their harmony with the
Zoning Code for the City of Golden Valley, the Building Code for the City of
Golden Valley, and by related definition and description with the Minnesota
State Building Code.
Section 170:04. men Space and Recreation Commission. There is hereby
created a Golden Valley Open Space and Recreation Commission consisting
of not more the nine (9) members, whose duties shall be, not as
individual members, but as a body to advise, recommend, and assist
the Council in matters relating to parks, trails, recreation, and
open space programs of the City.
PLYMOUTH ZONING ORDINANCE
SECTION 8 - NON -RESIDENCE DISTRICTS
SUBDIVISION A - PURPOSE AND INTENT: BUSINESS DISTRICTS
1. The Business Districts are established to accomplish the general purpose of the
Ordinance and the Comprehensive Plan and for the following specific reasons:
a. To group compatible uses which will tend to draw trade that is naturally in-
terchangeable and so promotes the business prosperity and public convenience.
b. To provide an adequate supply of businesses and professional services to meet
the needs of the residents.
c. T promote a high quality of total commercial design and development that pro-
uces a positive visual image and minimizes the effects of traffic congestion,
noise, odor, glare and similar safety problems.
d. To allow business development that meets the size, locational and development.
criteria established in the "Community Structure Concept" of the Comprehensive
City Plan.
2. The specific intent of each Business District is as follows:
a. The B-1 (OFFICE -LIMITED BUSINESS DISTRICT) is intended to provide a district
which is related to and may reasonably adjoin high density or other residen-
tial districts for the location and development of administrative office
buildings and related office uses which are subject to more restrictive con-
trols. The office uses allowed in this district are those in which there is
limited contact with the public and no exterior display or selling of merchan-
dise to the general public. Such districts will generally be located within
the areas indicated for such use on the Comprehensive Plan.
b. The B-2 (SHOPPING CENTER BUSINESS DISTRICT) is intended to provide a district
which may be applied to land in a single ownership or unified and organized
arrangement of buildings and service facilities at key locations which are
suitable for such use, which are conveniently located to the residential area
they are intended to serve, generally within the areas indicated for such use
in the Comprehensive Plan. The type and location of shopping centers shall be
governed by criteria in the "Community Structure Concept" in the Comprehensive
Plan.
c. The B-3 (SERVICE BUSINESS DISTRICT) is designed to furnish areas served by
other business districts with wide range of services and goods which might
otherwise be incompatible with the uses permitted in the shopping center bus-
iness district. This district is intended as a business district which may
be located in separate areas adjacent to shopping centers and thus help to
keep the basic retail areas compact and convenient, and in other separate
areas to provide a district which may be located in close proximity to an
arterial street or highway in order that service types of land use can be pro-
vided, generally within the areas indicated for such use on the Comprehensive
Plan.
8-1
PLYMOUTH ZONING ORDINANCE
Section 8
SUBDIVISION C PURPOSE AND INTENT: INDUSTRIAL DISTRICTS
1. The Planned Industrial District is established to accomplish the general purpose
of the Ordinance and the Comprehensive Plan and for the following specific
reasons:
a. Develop major centers or complexes in separate areas to allow for distribution
of peak period traffic, efficient access, effective distribution of primary
water and sewage facilities and property utilization of land suited for
industrial development.
b. Prevent expansion of scattered industrial operations.
c. Allow mining and extraction operations by conditional use permits to
assure planning for maintenance of the land for subsequent use.
d. Limit most industrial uses to planned industrial parks where uniform
performance standards and land use regulations can be applied.
e. Protect industrial areas from encroachment by non -industrial use.
f. Allow a limited amount of Service/Business uses, by conditional use
permit,which are essential to the operation of the Planned Industrial District
and which provide essential services to employees within the District.
2. The I-1 PLA14NED INDUSTRIAL DISTRICT is intended to allow for industrial
1 operations with high standards for site development and use performance.
Permitted and conditional uses shall be compatible with the character of
development in proximate areas. The development types and locational criteria of
the I-1 District shall be as set forth in the Comprehensive Plan.
SUBDIVISION D - ALLOWABLE USES: INDUSTRIAL DISTRICTS
Within an I-1 PLANNED INDUSTRIAL DISTRICT, no building or land shall be used except
for one or more of the following uses, providing they comply with the performance
standards set forth in Subdivision G of this Section.
1. PERMITTED USES
Any manufacturing, production, processing, cleaning, storage, servicing, repair
or testing of materials, goods or products that is wholly contained within a
building and which meets and maintains all environmental standards established by
the State of Minnesota Pollution Control Agency.
8-5
PLYMOUTH ZONING ORDINANCE
Section 8
SUBDIVISION F - ADMINISTRATIVE PROCEDURE FOR DEVELOPMENT OF NON -RESIDENCE DISTRICTS
1. A complete General Development Plan as herein required shall be filed
with petitions for rezoning to establish or expand a NON -RESIDENCE DISTRICT, as
set forth in Section 11.
2. Upon finding that the proposed zoning district will constitute a district of
sustained desirability, will be consistent with long range Comprehensive Plans
for the City and meet the requirements of the District, the City Council may
establish such District. The General Development Plan together with such
covenants, deed restrictions, controls, or special conditions, or Conditional Use
Permits as may be attached to it, shall be filed and recorded by the owner or
developer in the office of the Hennepin County Register of Deeds and shall become
a part of the Ordinance establishing the zoning change. Any substantial change
to the General Development Plan will require resubmission to the Planning
Commission for review and the City Council for approval.
3. The final platting of such land shall be subject to such requirements
for approval, recording, and the installation of improvements as required by
other City Ordinances.
4. Prior to obtaining a building permit or constructing any building improvements on
an individual lot or site within any NON -RESIDENCE DISTRICT, a site plan as
herein required shall be submitted to and reviewed by the Planning Commission and
approved by the City Council.
5. If a zoning change is approved, the first phase of construction must begin and
reasonable progress made within two (2) years after approval of the General
Development Plan and zoning change by Ordinance or the District may be zoned back
to its original Zoning District Classification or other appropriate Zoning
District Classification.
SUBDIVISION G - PERFOR14ANCE STANDARDS
1. Intent
It is the intent of this Subdivision to provide that all non-residential uses and
related activities shall be established and maintained with proper appearance
from streets and adjoining properties and to provide that each such use shall be
a good neighbor to adjoining properties by the control of the following:
PLYMOUTH ZONING ORDINANCE
Section 8, Subdivision G
Z. ,Standards
i
a. Landscaping. All yard areas shall either be open landscaped and green
areas, or be left in a natural state. Yards to be landscaped_ shall be
landscaped attractively with lawn, trees, shrubs, etc. in accordance with the
adopted Policy establishing Minimum Landscape Standards and Criteria for Urban
Development. Any areas left in a natural state shall be kept free of litter,
debris, and noxious weeds. Yards adjoining any of the Classes of Residence
Districts shall contain a buffer or screen approved as a part of the site plan
and installed prior to issuanceof a Certificate of Occupancy for any tract in
the district.
b. Glare. Glare, whether direct or reflected, such as from floodlights or
high temperature processes, and as differentiated from general illumination,
shall not be visible at any property line.
c. Exterior Lighting. Any lights used for exterior illumination shall not be
visible at any property line.
d. Vibration. Vibration shall not be discernible at any property line to the
human sense of feeling for three minutes or more duration in any one hour.
Vibration of any kind shall not produce at any time an acceleration of more
than 0.1 gravities or shall result in any combination of amplitudes and
frequencies beyond the "safe" range of Table VII United States Bureau of Mines
Bulletin No. 422, "Seismic Effects of Quarry Blasting", on any structure. The
methods and equations of said Bulletin No. 422 shall be used to compute all
values for the enforcement of this Provision. Said bulletin is incorporated
herein by reference.
e. Noise, Odors, Smoke, Dust, Fumes, Water and Waste.
1) The design, construction and performance of all non-residential uses
shall be in conformance with City, County, and State of Minnesota
standards and regulations.
2) Plans for new developments requiring site plan approval shall specify
the design and location of facilities for the storage and disposal of
waste as set forth in this Code. Plans for such facilities at existing
developments shall be approved by the City prior to construction.
3) The storage and facilities for the disposal of trash, garbage, refuse,
rubbish, and the like shall be located either in approved areas inside
the principal building, or otherwise shall be located in an approved
accessory building or enclosure outside the principal building.
4) Containers are required for such storage, and for the purposes of this
Section, shall include cans, barrels, compactors, dumpsters, boxes,
bins, which comply with the requirements of the City Public Health Code
as to construction and sanitation.
Rall
PLYMOUTH ZONING ORDINANCE
Section 8, Subdivision G
5) All trash disposal facilities outside the approved principal building or
approved accessory building shall comply with the following:
a) All outside accessory enclosures shall screen the containers from
the public view.
b) The enclosure area shall include adequate buffering to minimize
visual and audible impact upon any adjacent residential uses.
c) Screen enclosures may be attached to, or detached from the
principal building.
d) Enclosures shall provide convenient access by the user and the
contracted hauler.
e) Enclosures shall not obstruct approved driveways, aisles, parking
spaces, fire lanes, or building ingress and egress.
f) Enclosures shall be constructed of wood and/or masonry materials
which are aesthetically compatible with the primary structure and
the site.
g) Where fencing is used, the design shall be vertical board, with
treated minimum 2 inches thick lumber and with minimum 6 inches x 6
inches support posts.
h) When gates and doors are used, they shall be equipped
with heavy-duty hardware and shall be kept closed at all times
other than during loading and unloading.
Amended by Ord. No. 82-08)
f. All public rights-of-way within NON -RESIDENCE DISTRICTS shall be constructed
to a nine -ton street design.
g. Rooftop Equipment. All heating and cooling equipment mounted on the roof of
of new approved NON-RESIDENTIAL BUILDINGS shall effectively buffer noise so
that it is not transmitted beyond the boundaries of the property so to be
perceptible in any residential zoning district. Such equipment shall be
designed (including exterior color) and located so to be aesthetically
harmonious and compatible with the building. Screening of the equipment may
be required where the design, color, and location of the equipment are found
to not effectively buffer noise or provide aesthetic harmony and
compatabilityScreening shall be constructed of durable materials which are
aesthetically compatible with the structure and which may be an integral part
of the structure. Applicable requirements,for access to the equipment shall
be observed in the design and construction of the screening. (Amended Ord.
No. 85-13)
3. Compliance
In order to insure compliance with the performance standards set forth above, the
City Council may require the owner or operator of any use to have made such
8-13
PLYMOUTH ZONING ORDINANCE
Section 9, Subdivision B
the City of Plymouth due to the classification of Medicine Lake and Schmidt
Lake for seaplane operations. All developments involving structures of a
height governed by these regulations shall be subject to the requirements of
those regulations as if they were part of this Ordinance. (Amended Ord. No.
82-15).
d. Special Protection District Requirements.
Planned Unit Developments involving land within the Flood Plain or Shoreland
Management Overlay Districts shall be subject to applicable regulations set
forth for those Special Protection Districts in Section 6 of this Ordinance.
Section 6, Subdivision B, contains specific regulations for Planned Unit
Developments in the Shoreland Management Overlay District. (Amended Ord. No.
82-33)
4. Building and Site Design, Construction, Maintenance, and Transition Regulations
a. More than one building may be placed on one platted or recorded lot in any
PUD.
ob'.Architectural style or type of buildings shall not solely be a basis fordenial
or approval of a plan. However, the overall appearance and compatibility of
individual buildings to other site elements or to surrounding development will
be given primary considerations in the review stages of the Planning Commis-
sion and City Council.
c. No building permit shall be granted for any building on land for which a plan
for a PUD is in the process of review or which does not conform to the approv-
ed final plan or for one phase of the final plan.
d. Staging of Development:
1.) Any P.U.D. Plan proposed to be constructed in stages shall include full
details relative thereto and the Planning Commission and City Council
may approve or modify where necessary any such proposals.
2) The staging shall include the sequence and the proposed time for begin-
ning and completion of each stage. Such sequence and/or schedule may be
modified by the Planning Commission and City Council on the showing of
good cause by the developer.
3) The land owner or developer shall make such easements, covenants and
other arrangements and shall furnish such performance bond or bonds as
may be determined by the City Council to be reasonably required to as-
sure performance and completion of private streets and utilities, land-
scaping and privately owned and maintained recreational facilities in
accordance with the plan and to protect the public interest.
9-11
PLYMOUTH ZONING ORDI14ANCE
Section 11, Subdivision A
5. Thereafter, changes in the General Development Plan will not be permitted
without further review by the Planning Commission and approved by the City
Council.
6. Before building permits are issued for the development of structures, a site
plan shall be reviewed by the Planning Commission and approved by the City
Council.
r
7. The site plan shall be based upon an accurate certified survey; shall be
prepared by or under the supervision of an architect and/or engineer
registered in the State of Minnesota; and shall contain the following
information:
a. Complete details of the proposed site development including but not
limited to identification signs, location of buildings, streets, drive-
ways, parking spaces, dimensions of the lot, lot area and yard
dimensions.
b. Complete landscaping plans reflecting all information and standards set
forth in the adopted City Landscape Criteria and Standards Policy, in-
cluding species and showing planting size and mature size of trees and
shrubs proposed.
c. Plans and specifications for fences, walls and other buffers as requir-
ed herein, including proposed screening of rooftop equipment. (Amended
Ord. No. 85-13)
d. Complete plans for proposed sidewalks or walkways to service parking,
recreation and service areas within the proposed development.
e. Complete plans for storm water drainage systems sufficient to drain and
dispose of all surface water accumulations within the area of the site.
f\ Complete plans and specifications for exterior wall finishes proposed
for all principal and° accessory buildings. Elevation drawings shall
show proposed rooftop equipment and any proposed screening. (Amended
Ord No. 85-13)
g. Complete plans for storage areas for waste and garbage.
h. Complete utility plans and fire protection plans.
i. Extent of and any proposed modifications to land within the Special Pro-
tection Districts as described and regulated in Section 6 of this
Ordinance. (Amended Ord. X182-33)
8. Properties in the City presently zoned in the R-3, R-4, B-1, B-2, B-3 or
I-1 Districts which are not presently developed shall be required to follow
the site plan review procedures of Paragraph 7 above before the development
shall occur.
11-2
TF
LeF6rre
Ld ler
penned'
OBrien K.
DrwvZ
a Professional
Association
2000 First Bank Place West April 23, 1987
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler Mr. James G. WillisJ. Dennis O'Brien
John E. Drawz City Manager
David J. Kennedy CITY OF PLYMOUTH
Joseph E. Hamilton 3400 Plvmouth BoulevardJohnB. Dean
Glenn E. Purdue Plymouth, Minnesota 55447
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
RE: Quarterly Status Report on Pending Civil Litigation
James J. Thomson, Jr.
Thomas R. Galt Dear Jim:
Dayle Nolan
Brian F. Rice
John G. Kressel This report covers the pending civil litigation matters
James M. Strommen as of April 15, 1987. As with the previous reports, I am
Ronald H. Batty
William P. Jordan only summarizing the facts and circumstances of the cases
Kurt J. Erickson opened since the last report. Again, this report does not
William R. Skallerud cover matters being handled by the City's insurer. Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin MATTERS STILL PENDING SINCE LAST REPORT
Paul E. Rasmussen
Steven M. Tanen
Mary F. Skala 1. Middlemist v. City of Plymouth. The trial in
Christopher J. Harristhal this matter began on April 20, 1987 before Judge Roberta
Timothy J. Pawlenty Levy. Rolf A. Sponheim
2. City of Plymouth v. Mendota, Inc.. Judgment was
entered on February 23, 1987. The appeal period expires
on May 25, 1987.
3. Laukka & Associates v. City of Plymouth. The
City's summary judgment motion was heard by Judge James
Rogers on April 17, 1987. We are waiting for his ruling.
No trial date has been scheduled.
4. Special Assessment Appeals.
a. Project #408 (Dunkirk Lane).
We have settled one of the appeals. The
remaining ones are still pending and we
have not yet received a trial date.
Mr. James G. Willis
April 23, 1987
Page 2
b. Sixth Avenue Extension Project.
This matter has been resolved, pending an
application for a lot division by the
property owner. The City has not yet
received the application.
5. Eminent Domain Cases.
a. Project #853 (City of Plymouth V.
Cavanaugh).
The City's summary judgment motion to
limit the amount of compensation that can
be claimed by the property owners was
denied by Judge Minenko. We are in the
process of attempting to have that ruling
reversed.
b. Project #455 (City of Plymouth v. Swan
Lake Properties).
The commissioners have been appointed. We
are in the process of discussing a settle-
ment proposal with the property owners.
C. City of Plymouth v. Matti (Parker's Lake).
The City's survey of the property has now
been completed. We will be making a motion
with the court to limit the scope of
compensation to which the property owners
are entitled. The matter has not yet been
scheduled for hearing before the
court-appointed commissioners.
6. Hazardous Building Cases.
a. City of Plymouth v. Copeland (13916 County
Road 6 ) .
The City Council's order has been served
on the property owners and all lien
holders of record. A hearing on the City's
request was held on April 10, 1987 and we
are waiting to receive the Judge's Order.
b. City of Pymouth v. White (12510 28th
Avenue North).
Judge Lebedoff issued an order dated
December 24, 1986 allowing the City to
proceed with the abatement process. Much
of the clean-up work has been done. A
Mr. James G. Willis
April 23, 1987
Page 3
final warm -weather inspection still needs
to take place.
7. Veit & Co v. City of Plymouth/Kenko, Inc. v.
City of Plymouth. At the present time the City is only
tangentially involved in these lawsuits because the
parties have agreed to litigate the matter among them-
selves. The plaintiffs will only pursue their claim
against the City to the extent that they cannot recover
on their judgments against the defendants.
8. Moles v. City of Plymouth. The plaintiff's
attorney has verbally agreed to dismiss the case in
exchange for the City's commitment not to require him to
move the fence. Formal documents will be filed shortly
with the court.
9. Marvin Nelson Grievance. Officer Nelson has
agreed not to challenge his written reprimand, and the
City has agreed to grant him a retroactive step increase
for one-half of the time period during which he did not
receive one. We are waiting to receive the necessary
documents from Officer Nelson's representative to final-
ize the settlement.
CASES CLOSED SINCE LAST REPORT
1. Project #404 (City of Plymouth v. Aa aard).
This matter has been settled in accordance with the terms
previously approved by the City Council. (See attached
letter for summary of the settlement.)
2. Project #544 (City of Plymouth v. Begin -
Fernbrook Lane. This matter has been settled by the City
paying $9,092 for the easement.
3. City of Plymouth v. Cavanaugh (Highway 55 and
Vicksburg Lane). The property owner has cleaned up the
property and has torn down two accessory structures. The
remaining building has been boarded up.
4. Sampson v. City of Plymouth. The City took the
necessary action to lower the water in the natural
retention area. The City's insurance company entered into
a monetary settlement agreement with the plaintiff.
5. C. S. McCrossen v. City of Plymouth. This
arbitration matter was resolved in accordance with the
terms of the settlement agreement previously approved by
the City Council.
NEW MATTERS COMMENCED SINCE LAST REPORT
1. City of Plymouth v. Forster Properties. This is
Mr. James G. Willis
April 23, 1987
Page 4
an eminent domain matter in which we are acquiring
property for the water treatment plat. The City will
obtain title and possession to the property on June 8,
1987.
2. City of Plymouth v. Neutgens. The City initiat-
ed this action on March 10, 1987 to prevent the property
owner from parking his heavy duty construction vehicles
on his residential property. The property is located at
14407 County Road 6. We are in the process of scheduling
a hearing date in the case.
3. Belgarde v. City of Plymouth. This matter
involves a claim by a property owner for payment for an
easement that the City acquired in 1979. The matter has
just been commenced and no trial date has been scheduled.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
ames Thomson, ",Jr.-,)
JJT/kjj
LeFevere
Lefler
Kennedy
O'Brien &
Dra,wz
A Pno(crsinnal
AS -AK iati4M
000 First Bank Place West February 24, 1987
Annapolis
Ainnesote 55402
elephone (612) 333-0543
elecopier (612) 333-0540
layton L. LeFevere
ierbert P. Lefler
I. Dennis O'Brien
John E. Drawz
avid J. Kennedy
lohn B. Dean
31enn E. Purdue
iichard J. Schaeffer
harles L. LeFevere
ierbert P. Lefler III
James J. Thomson, Jr.
homes R. Gatt
ayle Nolan
Irian F. Rice
John G. Kressel
orraine S. Clugg
lames M. Strommen
ionald H. Batty
Nilliam P. Jordan
urt J. Erickson
Nilliam R. Skallerud
iodney D. Anderson
orrine A. Heine
avid D. Beaudoin
aul E. Rasmussen
iteven M. Tallen
Mr. Fred Moore
Director of Public Works
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: City of Plymouth Project 404
Lonke/Carroll Eminent Domain Appeal
Dear Fred:
As you requested in your previous letter, I am enclosing
the signed Settlement and Dismissal of the
above -referenced matter along with the terms for the
settlement of the matter between the City and Mr. Lonke
and Mr. Carroll. It is my understanding that you will
present these proposals to the City Council for their
action.
The terms of the settlement are as follows:
1. Payment of three-quarters of the commissioners'
award - $22,500.00. Payment already has been made.
2. Payment of interest in the amount of $4,234.12.
3. Credit of the.1986 interest payment of $8,968.24 to
the principal amount due on Levy No. 9713.
4. Payment of witness fees in the amount of $4,475.00.
5. Total cash due Lonke/Carroll of $8,709.12 to be paid
as follows: $2,903.04 to be paid to Lonke/Carroll.
The balance of $5,806.08 to be credited to the
principal of Levy No. 9713.
6. Interest due to be adjusted based on reduction of
principal amount due on Levy No. 9713.
As indicated above, enclosed is the Settlement and
Dismissal signed by Mr. Lonke and Mr. Carroll and their
attorney. The check for $2,903.04 has been issued by the
City and has been paid to the respondents. All that
Mr. Fred Moore
February 24, 1987
Page 2
remains to be done is for the City to make the necessary
accounting changes regarding Special Assessment Levy No.
9713 as indicated in the paragraphs above.
Once the City Council has approved settlement of this
matter, please have Jim Willis, the City Manager, execute
the Settlement and Dismissal and return both copies to
this office and to my attention. I will then execute the
documents and will have them filed with the Hennepin
County District Court. Upon filing I will have a copy of
the document returned to the City for its records.
Should you have any further questions concerning this
matter, please do not hesitate to contact me.
Yours very truly,
Herbert P. Lefler III
HPL:np
enclosure