HomeMy WebLinkAboutCity Council Packet 05-04-1987CITY OF PLYMOUTH
A G E N D A
REGULAR COUNCIL MEETING
MAY 41 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 requests, in
which event the item will be removed from the consent agenda and considered
in normal sequence on the agenda.
1. CALL TO ORDER 7:30 P.M.
2. INVOCATION
3. ROLL CALL
4. PRESENTATION - To Boy Scout Troop for solid waste
recycling efforts
5. PROCLAMATION - National Day of Prayer, May 7
6. CONSENT AGENDA
7. MINUTES - Approval of Minutes of the Special Council
meetings of April 27 and April 29, 1987
8. PUBLIC HEARINGS
A. On -Sale Intoxicating liquor license request from
Richard Fyock for Sc anticon, 3033 Campus Drive
9. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Ben Stroh, Superior' Ford. Rezoning, Preliminary
Plat, Variance, and General Development Plan
Amendment for property at 9700 56th Ave. (87015)
B. Mary Anderson Construction Co., Fernbrook Woods.
Rezoning and Preliminary Plat on northwest corner
of 46th Ave. and Fernbrook Lane (87018)
C. Arnie Rovick, Edina Realty. Lot
Consolidation/Division, Site Plan and Conditional
Use Permit for property northwest of C.R. 9 and
C.R. 18 (87023)
9. PETITIONS, REQUESTS AND COMMUNICATIONS
D. Erin Properties, 16th Ave. Properties. Site Plan
for property west of Highway 55 and south of 16th
Ave. (8702 4)
E. Erwin Stobbe. Lot division of property at 1115
Goldenrod Lane (87012)
F. City of Plymouth. Comprehensive Pian Amendment.
Staged Growth Element Amendment in Sections 3 and
10 (87014)
G. Approval of Change Orders:
1) Change order No. 2, Project 544, Fernbrook
Lane north of C.R. 9. Add sanitary sewer
connection for Kings North Addition, Project
655
2) Change order No. 1, City Center Building
humidification system
H. Receive petition for street lighting and order
engineering reports:
1) Kings North Addition
2) Quail Ridge 2nd Addition
I. Approval of No Parking signs:
1) Union Terrace Lane from 36th Ave. to Union
Terrace Court
2) Harbor Lane from Fernbrook Lane to Empire
Lane
3) Empire Lane south of Harbor Lane
J. Receive petition to vacate drainage and utility
easements and set public hearings for June 1,
1987:
1) Lot 1, Block 2, Woodlands Addition
2) Lot 7, Block 3, Larch Heights Lagoon 2nd
Addition
3) Fox Run 2nd Addition
K. Resolution amending assessment levy 9697, Project
426, Carlson 3rd Addition and adjacent area
improvements
L. Bond Reductions:
1) Humphrey Estates Addition (82024)
2) Scherer Industrial Development (84045)
3) Montgomery 2nd Addition (85007)
4) Steeplechase 2nd addition (84047)
5) Fox Run 2nd Addition (85066)
6) Lake Park Heights Addition (85089)
7) Oxbow Ridge Addition (81035)
10. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Fire Station III - Authorization to proceed with
final phase
B. Proposal from Strgar-Roscoe-Fausch for traffic
needs analysis, feasibility study and Environmental
Assessment Worksheet for Schmidt Lake Road from
Nathan Lane to Zachary Lane
C. Request from Ann Nedoff for deferral of assessments
on 18th Avenue
D. Legislative Update
E. City Manager Performance and Compensation Review
F. Award of Bid, 1987 Reforestation
11. AD"RN ENT
CITY OF PLYMOUTH
y
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 for the Council Meeting of May 4, 1987
TO: James G. Willis, City Manager through Fred G. Moore, Director of
Public Works
FROM: Richard J. Pouliot, Project Coordinator
SUBJECT: Boy Scout Troop 584
Recycling Rebate
Attached is a letter from the Metropolitan Council which confirms that Boy
Scout Troop 584 was given credit for 57.64 tons of paper recycled through
March 31, 1987. In accordance with the Metropolitan Council's Tonnage
Rebate Program the City is able to obtain a rebate of $4 for each ton of
material recycled. Since the City is able to obtain credit toward it's
goal for the tonnage collected by the Scouts, and no amount of labor or
expense was expended by the City, this $4 per ton rebate should be passed
along to the Scouts for their efforts. The 57.64 tons at $4 a ton equates
to $230.56.
Although the City has been advertising this program for approximately one
year, Boy Scout Troop 584 is the first such group to take advantage of this
opportunity. The Troop should be congratulated for their recycling
efforts, and it is a pleasure to have them participate in the City's Rebate
Program. It is hoped that this effort will set an example for other groups
who are either now recycling and are not participating in the City's Rebate
Program, or who are not now recycling and wish to get started in the
program. Any group interested in information on how to collect this $4 per
ton should contact Dick Pouliot at 559-2800.
6040442
Richard J. Pouliot
RJP:kh
Attachment: Letter
April 13, 1987
Richard J. Pouliot,
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Dick:
Project Coordinator
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
Telephone (612) 291-6359
This letter acknowledges receipt of your request for payment of
1,362.36 for 340.60 tons of recycled material, for the period of
April 1, 1986 to Mar. 31, 1987, under the Metropolitan Landfill
Abatement Cost Recovery (tonnage payment) Program.
I have reviewed your application and it is acceptable for approval,
however, the February 1986 receipt from the boy scouts cannot be
claimed because it is too old.
Your check will be for $1,318.92. Individual amounts are 272.09 tons
1,088.36) for the city and 57.64 tons ($230.56) for the scouts.
The request for reimbursement will be forwarded to the Finance Depart-
ment. Checks are mailed on Fridays.
Sincerely,
Sunny Jo Emerson
Grants Assistant
SJE:kp
An Equal Oppo: ti,nity Empiover
NAUONAL
DAY OF
PRAYER
National Prayer Committee, P.O. Sox 6826, San kT urdino, CA 92412 (714) 882.9932
Den Praying Friend,
When the boob are opened and the spiritual history of the nations of the world is unfolded, it sill be writ- ten for all to read that the prayers, not the ttayors, kings, prime ministers, presidents or president's men are therealmoldersofevents." —Paul 8111heimer.
Bang presau at our nation's capitol for the historic signing oeremaay when President Reagan procikmedMay7, the 1967 National Day of prayer was a humblimg and inspiraaoaal experience
We were VV dfW to hear the President share how much he needed and apprOdfated continued prayer on hisbehalf, as well as for other government leaden and the many cntial issues of coneem within our mum. He alsostressedtheimportunofagrowingratamAdepar04SWointheobseevanasfortheNationalDayofPrayer.
In 1775 when our Poundi sg ratifiers amu the cruft of t A survival arra ivaare of riasPutasidetheirmi
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and FWanoe of Almighty God Our many generatioro doftbmandtheworldbeenblessedfr,atm din
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grateful for our ked
T United States of Arnerlaa We must never cdhse to be
age, and we must be tddit stewards of prayer for our fuam.
To mate 1987 a year in which the sau ntion of prayer will rmult in a dynamic spiritual impact within our
nation, resource materials have been designed and are now xndabk to assist you in helping to mobilize the auzensofyourcommunity. Seems to asast You getting your order in as soon as possible, so thatyouanassistotherslesitdayration. Espedally eoasider using the camera-readyarnuorkforyourdunkororganintowbulkowmailingsandacediaoutreach. The beautiful and sturdy three-ringnotabookwiththeNlambnalDayofPtsyerlogoofGeorgeWaahingwaimeefinginprayeratValleyForge, can beusedthroughouttheyearforyour "pesyer for the nation" notes and studies
Please consider the mW vp )= cm papaw this year:
Coordbultor for your slaw, dty, a80ntratlon, campus or church.
Medle resource pamm for radio, television or publipttwM
Prayer sohdy leader (to hots or lead a group).
Contac person in your community for information or distribution of literature.
We covet your prayers as we proceed in the plans for 1987 National Day of Prayer observances.
May vm be challenged by the following accerpt from the President's 1987 Natiahsl my of pr_. ver P^oc law atio.:
On National Day of ftyer, then, we join together as people of many faiths to petition God to show us His
mercy and His love, to heal our wearinet and uphold our hope, thu we might live ever mindful of His justice and
thankfW for His blessing,"
Faithfully in prayer,
Gl7zAUoa
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Exlecutive Director
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PROCLAMATION
NATIONAL DAY OF PRAYER
WHEREAS, national days of prayer have been part of our country's heritage
since the first one was declared by the Continental Congress in 1775; and
WHEREAS, during the Revelutionary period General George Washington knelt at
Valley Forge to pray earnestly for his disheartened and starving soldiers and
through the influence of General Washington, and many other early leaders of
our nation, prayer became a major foundation stone in the establishment of the
United States; and
WHEREAS, other national days of prayer were declared from time to time until
1952 when the two houses of Congress called upon the President to set aside a
suitable day each year as a National Day of Prayer; and
WHEREAS, in recent years interest in this significant call to prayer has grown
dramatically across a broad spectrum of our national life individual citizens,
the clergy,business leaders, and public officials at all levels, Americans are
increasingly endorsing this recognition of our country's rich heritage and
dependence upon God;
NOW, THEREFORE, I Virgil Schneider, Mayor of the City of Plymouth, Minnesota,
do hereby proclaim Thursday, May 79 1987 as
NATIONAL DAY OF PRAYER
in the City of Plymouth and urge all citizens to gather together on that day
in homes and places of worship to pray for unity of the hearts of all mankind.
DATED this 4th day of May, 1987.
Virgil Schneider
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
M I N U T E S
SPECIAL COUNCIL MEETING
APRIL 27, 1987
A special 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 27, 1987.
PRESENT: Mayor Schneider, Councilmembers Crain, Vasiliou,
Zitur, and Sisk, Manager Willis, Assistant Manager
Boyles, Building Official Ryan, Public Works Director
Moore, Park Director Blank, City Attorney Thomson, and
City Clerk Brandt
ABSENT: None
PROCLAMATION
Mayor Schneider read a proclamation declaring May as Clean Up, PROCLAMATIONS
Fix Up, Paint,Up, and Planting month in Plymouth Items 4 A & B
The Mayor read a proclamation declaring the first week of May as
Be Kind To Animals Week"
PRESENTATION
George Bowlin, Hennepin County Community Health Department, PRESENTATION
showed slides and described the services and programs they pro- Item 5
vide to Plymouth residents.
CONSENT AGENDA
Motion was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA
Zitur, to adopt the consent agenda as presented. Item 6
Motion carried on a Roil Call vote, five ayes.
MINUTES
MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES - REGULAR
Zitur, to approve the minutes of the Regular Council meeting of COUNCIL MEETING
April 20 as submitted. APRIL 20, 1987
Item 7*
Motion carried on a Roll Call vote, five ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
Manager Willis stated the Council discussed this at the forum GAME FARM REQUEST
before the last meeting. The petitioners were asked to respond Item 8-A
to the City Attorney's request for Information which they have
done.
Special Council Meeting
April 27, 1987
Page 113
Samuel Virginia, 16810 County Road 47, stated they are asking
for a one year extension to relocate their fox farm business.
They cannot move the foxes for a couple months at this time of
year because of the presence of pups which would be endangered.
Councilmember Crain asked why no attempt has been made to move
in the eight weeks since the police reported the presence of the
game farm in early March.
Mr. Virginia answered it was because his house was not up to par
for sale.
Attorney Thomson stated that he contacted representatives of the
Minnesota Zoo and the Department of Natural Resources and their
opinion is unanimous that those animals are wild by nature and
not domesicated and, therefore, violate the City's ordinance.
He pointed out that nobody is asking Mr. Virginia to sell his
property, only comply with the zoning ordinance.
Mayor Schneider asked, if the City extended the timeframe, would
Mr. Virginia sign an agreement to have the foxes removed by that
date and allow City representatives to inspect the premises
without notice.
Mr. Virginia stated he was advised by his attorney not to allow
unannounced inspections but he has no problem with the remainder
of such an agreement.
Manager Willis stated that under existing code City representa-
tives are empowered to inspect the site.
MOTION was made by Councilmember Vasiliou, seconded by Council -
member Zitur, that Mr. Virginia be allowed to keep the foxes on
his property until September 1, 1987 subject to a written agree-
ment drafted by the City Attorney.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, to amend that the agreement would indicate that a repre-
sentative of the City of Plymouth would be allowed to walk on
the premises at any time to inspect the fox cages without noti-
fication.
Motion to amend carried, five ayes.
Mr. Virginia indicated that he would prefer additional time if
possible for him to remove the foxes from the property and dis-
continue this activity in any form.
MOTION was made by Councilmember Crain, seconded by Mayor
Schneider, to change the deadline date to September 30, 1987.
Motion to amend carried, three ayes. Councilmembers Vasiliou
and Zitur voted nay.
cial Council Meeting
it 27, 1987
ge 114
Councilmember Vasiliou indicated that her no vote reflects her
concern that Mr. Virginia has not made any demonstrable good
faith effort to remove the operation in the two months since he
became formally aware that he was violating City ordinance.
Attorney Thomson stated this will not set a precedent for other
game farms which may be found in the City. He suggested a con-
dition to the agreement stating that the City is not waiving its
rights and that the animals are considered wild. He noted that
any agreement the City enters into with Mr. Virginia will not
bind the State nor any game farm license Mr. Virginia will ob-
tain from the DNR.
Councilmembers clarified for Mr. Virginia that this agreement is
non -extendable. He stated he had no problem.
Motion as twice amended carried, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-267
Zitur, to adopt RESOLUTION NO. 87-267 ACCEPTING BID, S. J. ACCEPTING BID
GROVES OFFICE PARK, STREET AND UTILITY IMPROVEMENTS, PROJECT PROJECTS 648 & 704
NO. 648, HIGHWAY 55/GOLDENROD LANE INTERSECTION IMPROVEMENTS, Item 8-B
PROJECT NO. 704, MWCC SEWER FORCEMAIN in the amount of
865,117.71 from Bury & Carlson, Inc. of Minneapolis.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-268
ber Zitur, to adopt RESOLUTION NO. 87-268 APPROVING CHANGE ORDER
NO. 19 S. J. GROVES OFFICE PARK, STREET AND UTILITY IMPROVE- S.J. GROVES OFFICE PARK
MENTS, PROJECT NO. 648 by deducting $138,454.00. PROJECT 648
Item 8-B
Motion carried on a Roll Call vote, five ayes.
Manager Willis noted that this item was deferred from the last DEEP WELLS 8 AND 9
Council meeting for further review of the bidding. It is recom- Item 8-C
mended that the bid be awarded to Richmar on the base bid which
is a different recommendation from that which was before the
Council previously.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-
ber Sisk, to adopt RESOLUTION NO. 87- ACCEPTING BID, DEEP ACCEPTING BID
WELLS NO. 8 AND 9, PUMPING FACILITIES, PROJECT NO. 625 in the DEEP WELL 8 AND 9
amount of $246,260 from Richmar Construction Company of Fridley. PROJECT 625
Item 8-C
Jeff Appelquist, attorney representing A & K Construction, stat-
ed they feel the Richmar bid is nonresponsive because of the
public policy obligation which the City has to follow its own
specifications. They are arguing that the subcontractor for
Richmar did not submit a data sheet prior to bid opening which
the specs require. If they are allowed to get the bid without
submitting this data sheet, the City would be showing f avora-
tism. He asked that the contract be awarded to A & K as the
lowest responsive bidder rather than delay the project.
Special Council Meeting
April 27, 1987
Page 115
Director Moore stated the data sheet in question was supplied
the day after the bid opening.
Attorney Thomson agreed with Mr. Appelquist that the courts hold
that a city is bound by its specifications, but the issue is
whether or not the supplying of the data sheet had to be before
the bid opening. He believes this is an irregularity that the
Council could waive. The courts have held that on timing of the
sheets, this is an irregularity that can be waived in the award
and this is a distinction which the Council should consider;
however, a restraining order could slow up the process.
Manager Willis stated that well 8 could be in production with a
temporary motor regardless of what action the Council takes on
the bid.
Jim Olson, consultant with Bonestroo, Rosene, Anderlik, stated
the contract under question includes the temporary pump. Should
there be any delay in the implementation of the contract, he
would recommend that the temporary pump be handled separately.
John Aderman, A & K Construction, stated temporary facilities
would be expensive, approximately $5,000-$10,000 per month.
Mayor Schneider stated the City could negotiate for a temporary
hook up now, reject the bids, -and rebid the project.
Attorney Thomson stated that, if the City awards the contract
tonight, the contract is binding. If the court issues a re-
straining order, it cannot restrain it from something it has al-
ready done, only keep the City from doing more.
SUBSTITUTE MOTION was made by Councilmember Crain, seconded by
Councilmember Zitur, to adopt RESOLUTION NO. 87-269 REJECTING
ALL BIDS.
Mr. Olson pointed out that there is some coordination diffi-
culties with a temporary well in that there would be two con-
tractors who would have to work around each other. He would
prefer to award the contract on the base bid. He added that it
Is quite common for data sheets to be submitted late in this
kind of bidding. From an engineering standpoint, the failure of
having the data sheet did not make any difference because the
information was available from other sources. He guessed that
this happens about 35-45% of the time.
Councilmember Crain stated he would also like to see one con-
tractor, however, a major concern is getting the well up and
working and, if the contract is awarded to either company to-
night, the City would be tied up in the courts.
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO. 87-269
REJECTING B DS
Item 8-C
ial Council Meeting
1 27, 1987
e 116
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Sisk, that the plans be revised to delete the temporary pump
for well 8 and to delete the watermain connecting the pump and
submit the revised plans for rebidding.
Motion carried, five ayes.
Councilmember Sisk asked that the staff provide a report for the
next information memo indicating what happened here and how do
we assure it does not happen again.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Zitur, to direct staff, with the consultants, to negotiate
and receive quotations for a temporary pump for well 8 and in-
cluding what watermain work may be necessary.
Motion carried, five ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
Manager Willis pointed out that these board and commission mem- VOLUNTEER RECOGNITION
bers spend a great deal of their time and this would be a appro- PROGRAM
priate means of recognizing them. He recommended an amendment Item 9-A
to I.B.2 of the draft.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Sisk, to accept and endorse the recommendation of the
Employee Suggestion Committee, as amended, on the formation of a
volunteer recognition program.
Motion carried, five ayes.
The Council reviewed the status of various projects underway in PROJECT STATUS REPORT
the City. Councilmember Crain asked staff to contact the County Item 9-B
requesting them to inform school districts of the June 1 clos-
ing of C.R. 9 so they can reroute their buses. He also asked
that signs notifying drivers of the upcoming closing be put up
two weeks prior to the closing.
MOTION was made by Mayor Schneider, seconded by Councilmember C.R. 61 NEIGHBORHOOD
Zitur, directing staff to order the cable ride play equipment PARK CABLE RIDE
for the County Road 61 park since no objections have been Item 9-C
received from area residents following written notification from
the City.
Motion carried, five ayes.
Manager Willis stated there has been an amendment made to the LEGISLATIVE UPDATE
House omnibus tax bill which would delete the proposed sales tax Item 9-D
on governmental units, would reduce LGA distribution by 1.6%
across the board with another 1.6% next year, and it throws out
the formula, freezes the homestead credits in 1988, and re-
stricts levy limit increases to 3% on the current base with no
population growth factor.
Special Council Meeting
April 27, 1987
Page 117
Manager Willis stated two cities were looked at, Golden Valley ARCHITECTURAL
and Eden Prairie. Golden Valley has a board which reviews the Item 9-E
architecture while Eden Prairie reviews the materials being
used. He recommended that the appropriate body to deal with
this would be the Planning Commission as the advisory board to
the Council.
Mayor Schneider noted that the Planning Commission has already
voted 2 to 4 not to discuss this concept.
Councilmember Sisk stated the Planning Commission has voted not
to study the issue. He suggested the City take a clear look at
the language to be used.
Councilmember Vasiliou stated she would like more emphasis on
residential storage areas than in pursuing this.
Discussion continued on compatability of buildings, how to set
design standards, and other cities which are doing this.
Dennis Z lla, Planning Commission member, stated he was repre-
sentis ideas, not those of the Planning Commission, on this
item. He has been having a problem with plans being presented
to the Commission which were not specific as to the materials
which would be used; they. simply gave the builder his choice
which could potentially create a problem with other buildings in
the area, especially when it abuts a residential area. He stat-
ed he gets concerned with people who attempt only to meet the
minimum standards. He would like these minimum standards raised
or ask developers to do more. He would like colored sketches
with all applications.
Councilmember Crain stated he believes it is appropriate to pay
more attention to the architecture's external, materials, and
general appearance of the building. He believes increased
attention should be paid to these aspects.
Mayor Schneider agreed but stated he would like it brought to
the attention of the developers right away if a change is made.
MOTION was made by Mayor Schneider, seconded by Councilmember
Sisk, to form a task force made up of a commercial/industrial
developer of modest size, a commercial/industrial developer of
large size, a pro Planning Commission member, a con Planning
Commission member, a retail developer, and a staff member with
a recommendation to the Planning Commission and Council.
Motion carried, five ayes.
CONTROL
Councilmember Vasiliou stated she would like to see some sort of QUARTERLY REPORT
sequence of events as to at what time the City Attorney becomes PENDING CIVIL
involved in a case, files a suit on behalf of the City, makes an LITIGATION
offer or accepts an offer on behalf of the City, and how the Item 9-F
attorney knows that the City's position will be.
Special Council Meeting
April 27, 1987
Page 118
Manager Willis stated he, the attorney, and appropriate staff
member discuss all settlement proposals on special assessments
and construction issues before any tentative settlement is
agreed to. If the Council desires, all these items could be
brought to the Council before any settlement is reached.
The Attorney stated he makes recommendations. In 90% of the
cases the Council is advised of the proposed settlement before
it is offered. In the remaining 10%, because of the constraints
of the court system, it is sometimes necessary to develop
settlements on an immediate basis.
Councilmember Vasiliou questioned the procedure the attorney and
staff are using to get the information to the Council.
Attorney Thomson stated the quarterly report was initiated to
inform the Council on where litigation stands. Normally they
let the Manager know when a case is settled or a ruling is made
which significantly affects a case and then summarize them on
a quarterly basis.
Councilmember Vasiliou reported that the Historical Society will
be open for tours on the third Sunday of each month from 2-5:00
p.m. during the summer months.
MOTION was made by Mayor Schneider, seconded by Councilmember
Iitur, to interview all seven canididates for the Planning Com-
mission vacancy on May 14.
Motion carried, four ayes. Councilmember Vasiliou voted nay.
The meeting adjourned at 11:10 p.m.
City Clerk
COUNCIL COORDINATING
REPRESENTATIVE REPORTS
Item 9-G
M I N U T E S
SPECIAL COUNCIL MEETING
APRIL 29, 1987
A special meeting of the Plymouth City Council was called to
order by Mayor Schneider at 6:00 p.m. in the City Council
Chambers of the City Center at 3400 Plymouth Boulevard on
April 29, 1987.
PRESENT: Mayor Schneider, Councilmembers Crain, Sisk, and
Zitur, Manager Willis, Assistant Manaqer Boyles.
ABSENT: Councilmember Vasiliou
Mayor Schneider stated the purpose of this special meeting was
to canvass the bond referendum of April 28 pertaining to the
question of whether or not the City should issue bonds in the
amount of $1,700,000 to construct Fire Station III, remodel Fire
Station I, and purchase fire apparatus. He noted that the
referendum passed with a vote of 1,440 for and 114 against.
MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 87-270
Councilmember Crain, to adopt RESOLUTION NO. 87-270 PERTAINING 96AD REFERENDUM
TO THE SPECIAL ELECTION RESULTS OF APRIL 28, 1987. RESULTS
Motion carried on a Roll Call vote, four ayes.
The meeting adjourned at 6:00 p.m.
Assistant City Manager
i
DATE:
TO:
FROM:
SUBJECT
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
April 30, 1987
James G. Willis, City Manager
Laurie Brandt, Clerk
PUBLIC HEARING - REQUEST FOR ON -SALE INTOXICATING LIQUOR
FOR RICHARD FYOCK, SCANTICON OF MINNEAPOLIS, 3033 CAMPUS DRIVE
SUMMARY: The Council has scheduled a public hearing for Monday, May 4 for the purpose of receiving public comment on the on --sale
Intoxicating and Sunday Sales liquor license applications from RichardFyock, Scanticon of Minneapolis, 3033 Campus Drive. Adoption of the
attached resolution is recommended.
The City is in receipt of an application for on --sale intoxicating andSundaySalesliquorlicensesfromRichardFyocktobeheldin
conjunction with Scanticon of Minneapolis, 3033 Campus Drive. All feeshavebeenpaidandthePoliceDepartmenthasconductedtheir
investigation and finds no reason to deny the license. However, because
the hotel is not yet in operation, liability insurances and the suretybondhavenotbeenfurnishedandtheFederalTaxStamphasnotbeen
received. It is recommended that the license be approved contingent on
the provision of these items as listed in the attached resolution.
Since this is a new licensee, a public hearing is required. The format
for the hearing is also attached.
Att .
AGENDA FOR PUBLIC HEARING
ON -SALE INTOXICATING LIQUOR LICENSE
MAY 4, 1987 - 7:30 P.M.
1. Call to Order - Mayor Schneider presiding, 7:30 p.m. at the City Council
Chambers
2. Introduce Councilmembers and staff - Mayor Schneider
3. Purpose of meeting - Mayor Schneider
A. The Council is to consider issuance of on -sale non -intoxicating liquor
license to Richard Price Fyock, Scanticon of Minnesota, 3033 Campus Drive
B. The Police Department conducted an investigation of Mr. Fyock and finds no
reason to deny the license.
C. All required documents have been submitted and license fees have been
paid.
4. The procedure for the hearing will be as follows:
A. Write name and address on blue card.
B. Pass card to person collecting them or give them to the Mayor.
C. When your name is called, come up to the microphone.
D. Please speak clearly into the microphone so that all may benefit from your
remarks.
E. No one may speak twice until all others who wish to have done so.
5. The meeting was carefully and thoroughly announced:
A. Notice was published in the Plymouth Post as required.
B. Notices were posted as required.
6. Proposed licenses:
A. On -Sale Intoxicating License for Richard Price Fyock, Scanticon of
Minnesota, 3033 Campus Drive
7. Open Hearing
8. Close Hearing
9. Determination of Council
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of theCityCounciloftheCityofPlymouth, Minnesota, was held on the
day of , 19 86 The following members were
present:
The following members were absent:
its adoption: introduced the following Resolution and moved
RESOLUTION NO. 87 -
APPROVING ON -SALE INTOXICATING AND SUNDAY SALES
LICENSES FOR RICHARD FYOCK, SCANTICON
WHEREAS, application for on -sale intoxicating liquor and Sunday sales licenses
have been received from Richard Fyock, to be held in conjunction with Scanticon
of Minneapolis, 3033 Campus Drive, for consideration and approval by the
Plymouth City Council in accordance with Plymouth City Code, Chapter XII,
Section 1210; and
WHEREAS, all fees have been paid, and the Police Department has investigated the
applicant and finds no reason to deny the license;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that on -sale intoxicating liquor and Sunday sales licenses
be approved for the period beginning June 1, 1987 through January 31, 1988 for
Richard Fyock with the following conditions:
1. Provision of surety bond in the amount of $4,000 as required by 1206.19,
Subd 2 of the City liquor license code.
2. Provision of comprehensive, general liability, and liquor liabilityInsuranceincompliancewithCitycode1206.19 Subd 3 and MN Chapter 340.
3. Compliance with Title 27 of the U.S. Code requiring a Federal Liquor Tax
Certificate for the seller of distilled spirits.
The motion for the adoption of the foregoing Resolution was duly seconded by
following voted in favor thereof:
and upon vote being taken thereon, tfie
voted against or abstained:
The following
Whereupon the Resolution was declared duly passed and adopted.
NOTICE OF HEARING
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that on the 4th day of May, 1987 at the City Center Council
Chambers, 3400 Plymouth Boulevard, commencing at 7:30 p.m., a Public Hearinq will
be held concerning the application of Richard Price Fyock for on -sale intoxicatinq
liquor and Sunday sales licenses for Scanticon of Minnesota, 3033 Campus Drive, in
the City of Plymouth.
All persons interested in this matter will be heard at such time.
Laurie Brandt, City Clerk
Published April 16, 1987
April 24, 1987
s -
CITY OF
Mr. Richard Fyock KYMOUTI+ Managing Director
Scanticon Minnesota, Inc.
3033 Campus Drive
Suite #400
Plymouth, MN 55441
Dear Mr. Fyock:
In response to our conversation of Thursday 4/23/87, I've enclosed a
copy the liquor license code for the City of Plymouth. In addition,
I would recommend that your food and beverage manager obtain a copy
of the liquor code for the State of Minnesota. It is an informative
reference entitled, "Intoxicating Liquors, Police Regulations, Chapter
340, Intoxicating Liquors." Copies of Chapter 340 may be obtained by
writing to:
Documents Division
Department of Administration
117 University Avenue
St. Paul, MN 55155
As you may be aware, the City Council's action on Scanticon's liquor
license application will take place on 5/4/87 at approximately 7:30
PM. There is no adverse information that would preclude the issuance
of the liquor license for your opening in September. However, as we
discussed, there are provisional conditions. Specifically, our City
Clerk's Office must be provided with documentation showing:
1. Compliance with the surety bond, cash, U.S. government
bonds, or other surety requirements in the amount of
4000 as required by 1206.19, Subd 2., of the City
liquor license code, subject to the approval of the
Plymouth City Council.
2. Compliance with comprehensive, liability/dram shop
insurance requirements of 1206.19, Subd 3., of the
City liquor license code, and MN Chapter 340.
3. Compliance with Title 27 of the U.S. Code requiring
a Federal Liquor Tax Certificate for the seller of
distilled spirits.
Scanticon Liquor License
Richard Fyock
Page 2.
Most insurance vendors are well acquainted with comprehensive, liability
and dram shop insurance coverage as required in Minnesota. However, it
is suggested that you consult with a well established and experienced firm
in this particular field of insurance that will provide you with sufficient
coverage, considering the scope of your operations.
In regards to the surety bond requirement, Mr. Davenport's application
cover letter of 3/3/86 states that Scant i con would provide a letter of
credit, or pledge a certificate of deposit in the amount of $4000 in lieu
of providing a surety bond. This does not appear to be i ncons i st ant with
either the statute or ordinance provisions. However, your choice of
surety option should be submitted to the City Clerk and approved by the
City Council far enough in advance so as not to encumber your September
1, 1987 opening.
Federal tax certificate information can be obtained by calling the Depart-
ment of the Treasury; Al ocoho l , Tobacco and Firearms Division; Compliance
Section, 290-3496. Ask for Form 11, Application for Special Liquor License
Tax Stamp. The Compliance Section of Alcohol, Tobacco and Firearms is
located at 316 Robert Street, Room 650, St. Paul, MN 55101.
Since ely,
a ence Rogers
I vestigations Super sor
PLYMOUTH POLICE DEPARTMENT
cc: Richard Carlquist, Public Safety Director
David Davenport, Law Offices, Lindquist & Yennum
Lauire Brandt, City Clerk
LER
4- 17A
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1986 for City Council Meeting May 49 1987
TO: James G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
Development Director
SUBJECT
SUPERIOR FORD INC. REZONING, PRELIMINARY PLAT, VARIANCE, AND GENERAL
DEVELOPMENT PLAN AMENDMENT (87015)
SUMMARY: Attached is the Resolution approving the Preliminary Plat, Vari-
ance, and General Development Plan Amendment for Superior Ford,
Inc. to divide approximately 24 acres into four commercial lots tone of which includes
the present site which is expanded) southwest of County Roads 18 and 10. The attached
Rezoning Ordinance reclassifies property from the FRD (future restricted development)
District to the appropriate B-3 (service business) District. The draft Resolution sets
the condition to be met before publishing the Rezoning Ordinance.
The rezoning only includes the land now added to the Superior Ford site. The other
land would be rezoned at the time of development.
The Planning Commission reviewed the request at the Public Hearing on April 22, 1987,
and recommended approval by unanimous vote.
The Ordinance requires a 4/5 vote on rezoning petitions.
Aif-ns+hmnnta
1. Draft Rezoning Ordinance
2. Resolution Setting Condition for Rezoning
3. Approving Resolution
4. April 22, 1987 Planning Commission'Minutes
5. April 8, 1987 Planning Staff Report
6. Large Plans
CITY OF PLYMOUTH
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS SOUTHWEST OF
COUNTY ROADS 10 AND 18 AS B-3 (SERVICE BUSINESS) DISTRICT
Section 1. Amendment of Ordinance. Ordinance 80-9 of the City of Plymouth, Min-
nesota, adopted Dune 15, 1980 as amended, is hereby amended by changing the classifica-
tion on the City of Plymouth Zoning Map from FRD (future restricted development)
District to B-3 (service business) District with respect to the hereinafter described
property:
INSERT LEGAL
Section 2. General Development Plan. This Ordinance authorizes the development
of said property only in accordance with the General Development Plan No. 87015,
subject to the plat and site plan approvals.
Section 3. Effective Date. This Ordinance is effective upon filing the Final
Plat with Hennepin County and upon publication of said Ordinance.
Adopted by the City Council day of
ATTEST
Laurie Brandt, City Clerk
cc: File 87015
19 .
Virgil Schneider, Mayor
I
f CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED
SOUTHWEST OF COUNTY ROAD 18 AND COUNTY ROAD 10 FOR SUPERIOR FORD INC. (87015)
WHEREAS, the City Council has approved an Ordinance rezoning certain land located
southwest of County Road 18 and County Road 10 from FRD (future restricted development)
District to the B-3 (service business) District in conjunction with approval of the
Final Plat;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does direct the Final Plat to be filed with
Hennepin County prior to the publication of said Ordinance.
The motion for adoption of the foregoing Resolution was duly seconded by _
and upon vote being taken thereon, the followin g
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present: _
The
following members were absent:
introduced the following Resolution and moved its
adoption:
APPROVING PRELIMINARY PLAT, VARIANCE, AND GENERAL DEVELOPMENT PLAN AMENDMENT FOR
SUPERIOR FORD, INC. (87015)
WHEREAS, Superior Ford, Inc. has requested approval for a Preliminary Plat, Variance,
and General Development Plan Amendment for commercial property southwest of County Road
18 and County Road 10; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear-
ing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the Preliminary Plat, Variance, and
General Development Plan Amendment for Superior Ford, Inc. for commercial property
located southwest of County Road 18 and County Road 10, subject to the following
conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's expense.
3. No Building Permits shall be issued until a Contract has been awarded for sewer
and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect.at the time of issuance of Building Permit.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
8. No Building Permits shall be issued until Sanitary Sewer and Water ar available to
the site.
9. No yard setback variances are granted or implied.
PLEASE SEE PAGE TWO
T
Page two
Resolution No. 87-
10. Private drive access shall be limited to internal public roads, and prohibited
from County Road 10.
11. The Variance from the Urban Development Policy is approved in recognition that, it
will not set a precedent for rezoning unserviced land because of the uniqueness of
the situation; the pending availability of sanitary sewer; and, the compliance
with the Policy's variance standards.
The motion for adoption of the foregoing Resolution was duly seconded by _
and upon vote being taken thereon, the following
voted in favor t hereof :
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
APRIL 22, 1987
The Regular Meeting of the Plymouth Planning Commission wa
called to order at 7:30 P.M. /
MEMBERS PRESENT: Vice Chairman Pauba,Commi loners
Wire, Stulherg, Zylla, and Me en
Chairman Steigerwald arrive7:37 P.M.
MEMBERS ABSENT: Commissioner Pluf ka
STAFF PRESENT: Associate Planne 1 Cottingham
City Engineer erm Goldberg
Planning Dir ctor Blair Tremere
Planning cretary Grace Wineman
CONSENT AGENDA
Commissioner Zylla re ested that Item No. 5-A be removed
from the Consent Age da €or discussion.
MINUTES
MOTION by CjAmissioner Stulberg, seconded by Commissioner NOTION TO APPROVE
Wire to approve the April 8, 1987 Minutes as submitted.
5 Ayes. MOTION VOTE - MOTION CARRIED
PUBLIC HEARINGS
Vice Chairman Pauba introduced the request by Superior Ford,
Inc. and requested an overview of the April 8, 1987 staff
report by Planner Cottingham.
Commissioner Zylla confirmed that only a portion of this
property is to be rezoned; and, Planner Cottingham explained
the platting process for the property.
Vice Chairman Pauba introduced Mr. Greg Frank, McCombs -
Knutson Associates, representing the petitioner. Mr. Frank
explained the background for this proposal.
Vice Chairman Pauba inquired about the location of and
access to the two exception parcels. . Mr. Frank explained
these parcels are on the north and access will be provided
to the Astleford property).
Commissioner Zylla inquired about the relocation of the
cul-de-sac. Mr. Frank stated the area showing the cul-de-
sac will not be platted at this time; it will remain as an
outlot. The graphic demonstrates how this land can develop
in the future. Planner Cottingham further explained the
requirement for submission of an overall development plan at
the preliminary plat stage.
SUPERIOR FORD, INC.
REZONING, PRELIMINARY
PLAT, VARIANCE, AND
GENERAL DEVELOPMENT
PLAN AMENDMENT
87015)
W
Page 81
Planning Commission Minutes
April 22, 1987
Mr. Frank further explained that this plan is consistent
with the original preliminary plat for this property.
Present and future sanitary sewer service was discussed.
City Engineer Goldberg explained that the service will be
extended to the Superior Ford site when the .interceptor work
is done to the north, and plans for the Astleford property
are forthcoming.
Vice Chairman Pauba opened the Public Hearing, as there was
no one present to speak on this item, the Public Hearing was
closed.
MOTION by Commissioner Stulberg, seconded by Commissioner MOTION TO APPROVE
Zylla to recommend approval for the Rezoning, Preliminary
Plat, Variance, and General Development Plan Amendment for
Superior Ford, Inc., subject to the conditions as stated in
the April 8, 1987 Planning Staff Report.
Roll Call Vote. S Ayes. Chairman Steigerwald abstained. VOTE - MOTION CARRIED
MOTION carried.
airman Steigerwald introduced the request by Mary Anderson
Con ruction Company and requested an overview of the April
9, 19 staff report by Planner Cottingham.
Chairman -Steigerwald introduced Mr. Fred Haas, representing
the petiti6gpr. Mr. Haas stated he would answer any
questions.
Mr. Haas asked a ut the staff recommendation concerning
access to Fernbrook ne. Planner Cottingham confirmed the
condition should spec "private drive access" would be
restricted.
Mr. Haas explained the phasin of the development; that the
first phase is for 43 single f am'\
Plat*
when sewer is
available, the platting processompleted. The
developer would like to apply fong permit for a
model home before the Final led. Planner
Cottingham confirmed they could part of their
request to the City Council.
Mr. Haas inquired about a credit for the largwater main.
Engineer Goldberg confirmed there would be a \edit for
over 8 -inches.
Commissioner Stulberg inquired about the variance fo the
smaller lots; and, their location. Planner Cottin ham
pointed out the lots in the southwest corner of the si ;
the lots are constrained by street locations, and thisis
the basis for the variance request.
MARV ANDERSON
CONSTRUCTION CO.
REZONING, PRELIMINARY
PLAT AND VARIANCE
FOR "FERNBROOK WOODS"
87018)
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO PLANNING COMMISSION
REPORT DATE: April 8, 1987
FILE NO.: 87015
PETITIONER: Superior Ford Inc.
MEETING DATE: April 22, 1987
REQUEST: Rezoning, Preliminary Plat, Variance and General Development Plan
Amendment
LOCATION: Southwest of County Road 18 and County Road 10
GUIDE PLAN CLASS: CS (service business) ZONING: B-3 (service business) and
FRD (future restricted development)
BACKGROUND:
The petitioner requests approval of a Rezoning, Preliminary Plat, Variance and General
Development. Plan Amendment application to divide approximately 24 acres into four com-
mercial lots. The Rezoning request would reclassify the property from the FRD (future
restricted development) District to the B-3 (service business) District. The Variance
is to allow the rezoning of a portion of this property prior to the availability of
sewer and water.
The car dealerships in this area were developed in the 1970's prior to the urban
development regulations which require municipal utilities.
In 1985 the petitioner received approval for a Conditional Use Permit and Variance to
allow expanded outside storage of automobiles; and, to allow temporary vehicle storage
on unpaved surfaces at 9700 56th Avenue North. As part of this application the
petitioner was required to file appropriate legal documents allowing for parking areas
and drives to cross common property lines with the adjoining land to the west. The
petitioner is now seeking to plat this property since it will now all be under his
common ownership.
The City Council recently approved the construction of the Pike Lake interceptor which
will eventually bring sewer to this property.
A public hearing notice has - been published in the legal newspaper and property owners
within 500 ft. have been notified. A Development Sign was placed on the property.
ANALYSIS:
1. The petitioner requests the property be rezoned to the B-3 (service business)
District. The proposed rezoning complies with the City's Land Use Guide Plan for
this area.
2. The Variance request is to allow for the Superior Ford site to be rezoned prior to
the availability of sewer and water. The City Policy is that property should be
zoned FRD (future restricted development) until such time as sewer is physically
available to the property.
Staff Report for Superior Ford Inc.
April 22, 1987 Planning Commission Meeting
Page two
r'
3. The Preliminary Plat and General Development Plan Amendment are consistent with the
ordinance requirements in that all the proposed lots exceed the ordinance minimum
of one acre in size; and, the General Development Plan shows uses that are either
permitted or conditional in this zoning district.
4. The northern portion of this plat falls within the General Development Plan classi-
fication of Bass Creek. The proposed minimum lot size does comply with the
Shoreland Management Regulations of the Zoning Ordinance. When the lots within 300
ft. of Bass Creek develop, it will be required to meet the minimum standards of the
Shoreland Management Regulations of the Zoning Ordinance.
5. No private drive access shall be permitted to County Road 10. All private drive
accesses must be directed to the internal public roadways.
6. The Physical Constraints Analysis states this property is within the Shingle Creek
Drainage District. The site also contains some wetlands. The site does contain
some major woodlands and severe slopes. There are unsuitable soils for urban
compatibility with public sewers.
PLANNING STAFF COMMENTS:
1. The requested Rezoning action is consistent with the guidelines in the ordinance;
however, the rezoning shall not take effect until the land west of Superior Ford is
platted into lots and blocks.
2. The final plat shall show the Superior Ford property platted as a lot and block and
the remaining land platted as an outlot. Rezoning will take effect upon filing the
final plat.
3. The Variance for the rezoning is warranted in that the petitioner's property is
currently zoned B-3 and this would be expanded to reflect the additional property
they will own.
4. Superior Ford is currently using land they do not own, which is immediately west of
their site. This was part of the 1985 approval. They are in the process of
acquiring this land which is why they are platting and rezoning this property. The
land use will not change.
5. The Preliminary Plat and General Development Plan comply with the Subdivision Code
and Zoning Ordinance requirements for the B-3 Zoning District.
RECONNE-MATION:
Staff recommends approval of the Rezoning, Preliminary Plat, Variance and General
Development Plan Amendment request subject to those conditions as stated in the draft
recommendation.
Attachments:
1. Recommendation
2. Location Map
3. Variance Criteria
4. Petitioner's Correspondence
5. Hennepin County Correspondence
6. Engineer's Memorandum
7. Large Plans
RECOMMENDED CONDITIONS FOR APRIL 22, 1987 PLANNING COMMISSION MEETING FOR SUPERIOR FORD
INC. (87015)
SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED
SOUTHWEST OF COUNTY ROAD 18 AND COUNTY ROAD 10 FOR SUPERIOR FORD INC. (87015)
WHEREAS, the City Council has approved an Ordinance rezoning certain land located
southwest of County Road 18 and County Road 10 from FRD (future restricted development)
District to the B-3 (service business) District in conjunction with approval of the
Final Plat;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does direct the Final Plat to be filed with
Hennepin County prior to the publication of said Ordinance.
res/april(superior)2
RECOMMENDED CONDITIONS FOR APRIL 22, 1987 PLANNING COMMISSION MEETING FOR SUPERIOR
FORD INC. (87015)
APPROVING PRELIMINARY PLAT, VARIANCE AND GENERAL DEVELOPMENT PLAN AMENDMENT FOR
SUPERIOR FORD INC. (87015)
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's expense.
3. No Building Permits shall be issued until a Contract has been awarded for sewer
and water.
4. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of issuance of Building Permit.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
8. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
9. No yard setback variances are granted or implied.
10., Access shall be limited to internal public roads and restricted from County Road
10.
11. The Variance for rezoning is approved in that this will not set a precedent for
rezoning unserviced land.
res/april(superior)1
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POLICY ON REGULATING URBAN DEVELOPMENT
Resolution No. 75-664
November 17, 1975 (Supersedes Res. No. 73-37, January 22, 1974)
The use of private water and sanitary sewer disposal systems as are practiced
today for developments is a menace to the public health, safety and welfare of
citizens of the City of Plymouth and the metropolitan area and threatens to cause
irreparable harm to, and pollution of, existing natural resources.
Skipping over undeveloped land to permit developments places an unreasonable
burden upon the landowners, residents and taxpayers of the City of Plymouth in
that such developments cause undue financial burdens upon the City for policing,
providing streets, utility extension and maintenance, fire protection, and other
public services.
Developments located outside of areas serviced by or adjacent to the City water
and sanitary sewer system disrupts orderly planning for future developments as
well as causes undue scheduling, engineering and fiscal problems for the City in
expanding services and extending utilities.
Developments without public water and sanitary sewer systems represent a future
financial burden for the future residents of Plymouth who must initially pay for
private water and sanitary sewer systems, only to have them ultimately replaced
by public utility systems.
Because of the foregoing, the following policy regulating urban development is
established:
1. No land in the City of Plymouth shall be platted or rept atted unless
City water and sanitary sewer shall be avai 1 able to such property;
2. No development will be permitted in areas not having City water and
sanitary sewer available;
3. If it can be demonstrated by the petitioner that divergence from the
points above will not cause an unreasonable burden upon the City of
Plymouth in providing services and utilities or cause a deleterious
impact upon the natural environment, then the City may consider
granting a variance to this policy in reviewing a proposed develop-
ment.
4-
Superior Ford, Inc.
9700 - 56th Avenue North
County Road 18 & Bass Lake Road
Minneapolis, Minnesota 55442
February 25, 1987
Planning Department
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Mn 55441
Dear Ms. McConn,
Phone (612) 559-9111
As part of our Preliminary Plat Application for Bass Lake Plaza 2nd
Addition, we request a variance to the subdivision code to allow land
to be platted that currently does not have utilities available to it.
In particular, our request is to allow the rezoning of that portion of
proposed Lot 1, Block 1 Bass Lake Plaza 2nd Addition that is currently
zoned FRD to B-3. As you are aware, Superior Ford, Inc. is an exist-
ing establishment in the City of Plymouth. Roughly a year ago, we
submitted a site plan for our facilities which granted us some off-site
temporary parking. We identified, at that time, a need to increase the
acreage of our operation in order to provide a long term solution to
the new car parking problem. Since that time, we have been in contact
with the adjacent owner, M.G. Astleford Company, to purchase additional
property. The application that we are submitting for Preliminary Plat
purposes represent a culmination of those efforts. Because our opera-
tion is an existing operation, there will be no additional need for
municipal utilities at this time. Once sanitary sewer service and
water service are provided to the site, we would apply for.a site plan
amendment to incorporate additional parking needs for our facility.
Based on the history of our existing Conditional Use Permit and the
fact that we are just modifying our property lines without increasing
the intensity of development at this time, we believe there will be no
impact in granting the variance.
Also, be advised that all commonly owned contiguous land is included in
this platting application.
Thank you for your consideration.
Sincerely,
SUPERIOR FORD, INC.
Ben Stroh
President
t,
tFE °„
7a 1,5
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
HENNEPIN
Hopkins, Minnesota 55343-8468
LFL1 935-3381
TTY 935-6433
March 17, 1987
Mr. Al Cottingham
Associate Planner
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Mr. Cottingham:
RE: Proposed Plat - Superior Ford
CSAH 10/18 Northwest Quadrant
Section 1, Township 118, Range 22
Hennepin County Plat No. 1504
Review and Recommendations
Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County
review of proposed plats abutting County roads. We reviewed the above plat
and make the following comments:
No additional right of way required by Hennepin County at this time alongthissegmentofCSAR10.
No additional right of way required along CSAR 18 at this time.
All access to CSAH 10 or CSAR 18 must be via internal streets and frontage
roads. No direct access onto CSAH 10 or CSAH 18 will be permitted by
Hennepin County.
All proposed construction within County right of way requires an approved
utility permit prior to beginning construction. This includes, but is not
limited to, drainage and utility construction, trail development, and
landscaping. Contact our Maintenance Division for utility permit forms.
The developer must restore all areas disturbed during construction within
County right of way.
HENNEPIN COUNTY
an equal opportunity employer
A. Cottingham
March 17, 1987
Page 2
Please direct any response or questions to Les Weigelt.
Sincerely,
Sa
David W. Schmidt, P.E.
Transportation Planning
DWS/LDW:mr
I
City of Plymouth
E N G I N E E R t S M E M 0
E to
Planning Commission & City Council
DATE: April 16, 1987
FILE NO.: 87015
PETITIONER: Mr. Ben Stroh, President - Superior Ford, Inc.
9700 56th Avenue North, Plymouth, MR 55442
PRELIMINARY PLAT: Bass Lake Plaza 2nd Addition
LOCATION: South of County Road 10, West of County Road 18, North of
56th Avenue in the Southeast 1/4 of Section 1
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed
use.
3. X SAC and REC charges will be payable at the time building permits are
issued.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of final plat approval.
4. Area assessments: See Item 24A.
5. Other additional assessments estimated: None.
Legal/Easements/Permits:
6. X Complies with standard utility/drainage easements -
The City will require utility and drainage easements ten feet (10') in
width adjoining all streets and six feet (6') in width adjoining side
and rear lot lines.
N/A Yes No
7. X All standard utility easements required for construction are provided - I
The City will require twenty foot (20') utility and drainage easements
for proposed utilities along the lot lines where these utilities are
proposed to be installed. This item has been reviewed with the final
plat and final construction plans. See Item 24C.
8. X Complies with ponding requirements -
The City will require the dedication of drainage easements for ponding
purposes on all property lying below the established 100 year high
water elevation and conformance with the City's comprehensive storm
water drainage plan.
9. X All existing unnecessary easements and rights-of-way have been vacated
It will be necessary to vacate the obsolete easement s/right-of-wav to
facilitate the development. This is not an automatic process in con-
junction with the platting process. It is the owner's responsibility
to submit a petition as well as legal descriptions of easements
proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that the
subject property is abstract property, then this requirement does not
apply.
It will be necessary for the property owner to provide the City
Attorney with the Owner's Duplicate Certificate of Title in order that
he may file the required easements referred to above.
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
X DNR Bassett Creek
Mn DOT Minnehaha Creek
X Hennepin County Elm Creek
X MPCA X Shingle Creek
X State Health Department X Army Corps of Engineers
Other
2-
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TRANSPORTATION:
N/A Yes No
12. X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the City_
grid system for street names. The following changes will be necessarv.
The public street shall be shown as "57th Avenue".
13. X Conforms with the Citv's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's adopted
Thoroughfare Guide Plan.
14. X Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
15. X All existing street rights-of-way are required width -
Additional right-of-way will be required on
DTILIMS :
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsibile
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional engineer
must prepare the plans and profiles of the proposed sanitary sewer,
watermain, storm sewer facilities and streets to serve the development.
A naternain must be constructed on 57th Avenue to serve Lot 3 and the
exception parcel.
3-
N/A. Yes No
B
17. X Preliminary utility plans submitted comply with all City requirements -
The developer has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities; and also
be required to rfurnish profiles of these utilities as well as the
proposed street system (public and private). See Item 16.
18. X Per developer's request a preliminary report and plan will be prepared by
the City -
If it is their desire to have the City construct these facilities as part
of its Capital Improvements Program, a petition must be submitted to the
City. The cutoff date for petitions is October 1, of the year preceding
construction.
19. Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for Lots 1, 3, 4 and 5.
20. X The preliminary plans conform to the City's adopted Comprehensive Water
Distribution Plan -
The following revisions will be required: See Item 16.
21. X The preliminary plans conform to the City's adopted Comprehensive
Sanitary Sewer Plan -
4-
0
2
PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL:
22. X It will be necessary to contact Bob Fasching, the City's utility foreman,
24 hours in advance of making any proposed utility connections to the
Citv's sanitary sewer and water systems. The developer shall also be
responsible for contacting Jim Kolstad of the Public Works Department for
an excavating permit prior to any digging within the City right-of-way.
All water connections shall be via wet tap. .
23. X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to the
City's Consulting Engineer for review to see if it is in conformance with
the City's Comprehensive Storm Drainage Plan. All of their recommen-
dations shall be incorporated in a revised plan. The grading and
drainage plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations. Addition-
ally, the following revisions will be necessary:
SPECIAL CONDITIONS REQIIIRED:
24. A.
Watermain Area Assessments Sanitary Sewer Area Assessments
Lot 1, Block 1 11.77 Acres x $2,015 23,716.55 11.77 Acres x $1,120 13,182.40
Lot 2, Block 1 4.13 Acres x $2,015 8,321.95 4.13 Acres x $1,120 4,625.60
Lot 3, Block 1 1.21 Acres x $2,015 2,438.15 1.21 Acres x $1,120 1,355.20
Lot 4, Block 1 2.11 Acres x $2,015 4,251.65 2.11 Acres x $1,120 2,363.20
Lot 5, Block 1 3.21 Acres x $2,015 6,468.15 3.21 Acres x $1,120 32595.20
B. The Final Plat shall not be considered until a contract for the street and
utilities is awarded by either the City or the original developer of the Bass Lake
Plaza Addition.
r
C. The location for necessary construction easements for the sanitary sewer and storm
sewer will be determined with Final Plans and Specifications; this will be
furnished to the developer prior to Final Plat application.
D. 57th Avenue, the cul-de-sac street, shall be relocated to provide public street
access to the "exception parcel".
Submitted by:
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PLYMOU IN MINI E -<77A GILo
GATE __. - -
REVISIONS
93
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1986 for City Council Meeting May 4, 1987
TO: James G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
MARV ANDERSON CONSTRUCTION COMPANY. REZONING, PRELIMINARY PLAT, AND
VARIANCE FOR "FERNBROOK WOODS" (87018)
SUMMARY: Attached is the Resolution approving the Preliminary Plat, and
Variance for Mary Anderson Construction Co. for residential
development of 68.8 acres northwest of 47th Avenue North and Fernbrook Lane. Also
attached is the draft Rezoning Ordinance and Resolution setting the condition for
rezoning. The Rezoning reclassifies property from FRD (future restricted development)
District to R-113 (low density residential) District. The Planning Commission reviewed
the application at the Public Hearing on April 22, 1987, and recommended approval by
unanimous vote.
The Ordinance requires a 4/5 vote for rezonig petitions.
1. Draft Rezoning Ordinance
2. Resolution Setting Condition for Rezoning
3. Approving Resolution
4. April 22, 1987 Planning Commission Minutes
5. April 8, 1987 Planning Staff Report
6. Large Plans
CITY OF PLYMOUTH
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LANDS NORTHWEST OF 47TH
AVENUE NORTH AND FERNBROOK LANE TO R -1B (LOW DENSITY RESIDENTIAL) DISTRICT
Section 1. Amendment of Ordinance. Ordinance 80-9 of the City of Plymouth, Min-
nesota, adopted June 15, 1980 as amended, is hereby amended by changing the classifica-
tion on the City of Plymouth Zoning Map from FRD (future restricted development)
District to R -IB (low density residential) District with respect to the hereinafter
described property:
INSERT LEGAL
Section 2. General Development Plan. This Ordinance authorizes the development
of said property only in accordance with the General Development Plan No. 87018,
subject to the plat and site plan approvals.
Section 3. Effective Date. This Ordinance is effective upon filing the Final
Plat with Hennepin County and upon publication of said Ordinance.
Adopted by the City Council day of
ATTEST
Laurie Brandt, City Clerk
cc: File 87018
19
Virgil Schneider, Mayor
1
f CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING -LAND LOCATED
NORTHWEST OF 47TH AVENUE NORTH AND FERNBROOK LANE (87018)
WHEREAS, the City Council has approved an Ordinance rezoning certain land located
northwest of 47th Avenue North and Fernbrook Lane from FRD (future restricted
development) District to the R -1B (low density residential) District in conjunction
with approval of the Final Plat;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does direct the Final Plat to be filed with
Hennepin County prior to the publication of said Ordinance.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
APPROVING PRELIMINARY PLAT AND VARIANCE FOR MARV ANDERSON CONSTRUCTION COMPANY FOR
FERNBROOK WOODS" (87018)
WHEREAS, Mary Anderson Construction Company has requested approval for a Rezoning, Pre-
liminary Plat and Variance for the residential development of 68.8 acres located north-
west of 47th Avenue North and Fernbrook Lane; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear-
ing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the Preliminary Plat and Variance for
Mary Anderson Construction Company for "Fernbrook Woods" located northwest of 47th
Avenue North and Fernbrook Lane, subject to the following conditions:
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's expense.
3. No Building Permits shall be issued until a Contract has been awarded for sewer
and water.
4. Payment of park dedication fees -in -lieu of dedication with appropriate credits in
an amount determined according to verified acreage and according to the Dedication
Policy in effect at the time of filing the Final Plat with Hennepin County.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
8. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
9. No yard setback variances are granted or implied.
PLEASE SEE PAGE TWO
ti
Page two
Resolution No. 87-
10. Approved variances for lot sizes of 13,720 sq. ft. and 13,775 sq. ft. for Lots 1
and 2, Block 2 respectively.
11. Private driveway access shall be limited to internal public roads and shall be
restricted from Fernbrook Lane and Schmidt Lake Road.
12. Transitional screening and berming shall be provided along Schmidt Lake Road.
Plans for that screening and berming shall be submitted with the Final Plat.
13. The land north of Schmidt Lake Road shall be platted as an outlot until such time
as sewer service becomes available to this site.
14. The full right-of-way of Schmidt Lake Road shall be platted and dedicated with
the initial Final Plat.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
Page 81
Planning Commission Minutes
April 22, 1987
Mr. Frank further explained that this plan is consiste
with the original preliminary plat for this property.
Present and future sanitary sewer servicewa discussed.
City Engineer Goldberg explained that the rvice will be
extended to the Superior Ford site when t interceptor work
is done to the north, and plans for e Astleford property
are forthcoming.
Vice Chairman Pauba opened t Public Hearing, as there was
no one present to speako his item, the Public Hearing was
closed.
MOTION ZCommisner Stulberg, seconded by Commissioner NOTION TO APPROVE
Zylla tapproval for the Rezoning, Preliminary
Plat, VGeneral Development Plan Amendment for
Superio, subject to the conditions as stated in
the Apranning Staff Report.
Rol;/Call Vote. 5 Ayes. Chairman Steigerwald abstained. VOTE - NOTION CARRIED
M ION carried.
Chairman. Steigerwald introduced the request by Mary Anderson MARV ANDERSON
Construction Company and requested an overview of the April CONSTRUCTION CO.
9, 1987 staff report by Planner Cottingham. REZONING, PRELIMINARY
PLAT AND VARIANCE
Chairman Steigerwald introduced Mr. Fred Haas, representing FOR "FERNBROOK WOODS"
the petitioner. Mr. Haas stated he would answer any (87018)
questions.
Mr. Haas asked about the staff recommendation concerning
access to Fernbrook Lane. Planner Cottingham confirmed the
condition should specify "private drive access" would be
restricted.
Mr. Haas explained the phasing of the development; that the
first phase is for 43 single family lots; and, when sewer is
available, the platting process will be completed. The
developer would like to apply for one building permit for a
model home before the Final Plat is filed. Planner
Cottingham confirmed they could make this part of their
request to the City Council.
Mr. Haas inquired about a credit for the large water main.
Engineer Goldberg confirmed there would be a credit for
over 8 -inches.
Commissioner Stulberg inquired about the variance for the
smaller lots; and, their location. Planner Cottingham
pointed out the lots in the southwest corner of the site;
the lots are constrained by street locations, and this is
the basis for the variance request.
Page 82
Planning Commission Minutes
April 22, 1987
Commissioner Zylla expressed concern about any misunder-
standings by future property owners in this development re-
garding increased traffic volumes on Fernbrook Lane. He
inquired if the developer would be notifying prospective
home buyers about this? Mr. Haas stated the sales repre-
sentatives use map displays which show the roadway system in
the area; and, that Fernbrook Lane could be labeled to show
that it will carry a larger volume of traffic. He agreed
this would be important to the prospective home buyer.
Chairman Steigerwald opened the Public Hearing.
Ben Broman, 4055 Glacier Lane, inquired about Schmidt Lake
Road and the MUSA line. He is concerned about unplatted
land which part of his mother's estate; and, about the
location of Schmidt Lake Road. He stated the road location
seems to change each time a new plat is approved in this
area. Chairman Steigerwald explained that this is not
unusual, as road alignments can change as development
occurs.
Mr. Haas explained that because only part of the site will
have sewer available at this time; and, because of the
severe topography, the City's traffic consulting engineers
are suggesting the road alignment as proposed. Planner
Cottingham explained that it is difficult to estimate the
timing for development of land which cannot be serviced with
sanitary sewer.
Director Tremere explained that the traffic consultants,
Bonestroo, Rosene & Anderlik, while concentrating on the
issue of 49th Avenue North and Schmidt Lake Road, are also
taking into account roadway connections for the entire area,
which includes severe topography and wooded areas. He
explained that the roadway is carefully planned even though
it seems to change as development occurs.
Chairman Steigerwald commented that in time, when Mr.
Broman's property becomes available for development, there
will be a clearer picture of the roadway system. Director
Tremere concurred noting that Schmidt Lake Road is the
demarcation point for the sewered and unsewered areas.
Mr. Roy Broman, 6518 45th Place North, stated he had no
further comments and his questions had been answered.
Jerry Lee Fischer, 4630 Fernbrook Lane, stated concern for
the environmental factors. He believes that Plymouth has
suffered rapid, uncontrolled development; and, that "this
City is run for and by developers." He explained that
forest in this area is a remnant of the "Big Woods"; and
recently, a staff member from the Department of Natural
Resources (DNR) and Nature Conservancy expressed concern,
suggesting the City try to conserve some of this land.
Page 83
Planning Commission Minutes
April 22, 1987
Mr. Fischer is concerned. that natural areas which protect
wild life and plant life are disappearing at a rapid rate
and should be protected so there something is left besides
parks and man-made recreation areas.
He has observed construction sites where the land is abused
by dumping oil; filling swamp and lowlands without consider-
ation of the consequences; homes crammed together; and,
giant homes on little lots. Rapid development displaces
people as well as destroying natural areas. He requests the
Commission and City Council take these concerns under
consideration.
Chairman Steigerwald stated his appreciation of Mr.
Fischer's view points; however, City planning regulates
urban development and does not address the protection or
setting aside of wildlife refuges or forest land. Mr.
Fischer and other citizens who are serious about the preser-
vation of natural areas can discuss these concerns with the
Department of Parks and Recreation, the Parks and Recreation
Advisory Commission, the City Forester, and work through the
system. Mr. Fischer suggested that most homeowners don't
know these facts, or know who to talk to. Chairman
Steigerwald suggested he meet wih the Mayor and City Manager
and work through the City Council.
Mr. Fischer also expressed concern regarding Fernbrook Lane
becoming a 4 -lane road; and, the burden of assessments for
himself and others.
Mr. games LaVigne, 3225 Fernbrook Lane, has lived in
Plymouth for 40 years. He stated that "Fox Meadows" is one
of the worst instances of City planning; and, the City must
learn from its mistakes. In this case, assessments were
levied for a drainage system which has never drained
properly. He agrees with Mr. Fischer that pockets of
natural areas and wooded sites must be retained. He is a
nature photographer and showed the Commission pictures of
Lady Slippers and other flowers growing in the Plymouth
woods.
Mr. Ed Albro, 4105 Fernbrook Lane, stated he is a new resi-
dent to Plymouth and moved here from the east coast. He
selected a home with a natural setting. He agrees with the
concern expressed for the environment and, in his opinion,
the Planning Commission is the proper board to make dec-
isions to protect the environment within the City. Mr.
Albro stated he is being assessed for a roadway, the cost of
which should be absorbed by the developer. Residents don't
need a 4 -lane "highway" and its not fair to ask them to pay
for it.
Page 84
Planning Commission Minutes
April 22, 1987
Chairman Steigerwald explained that the Commission is not
involved with assessments and the residents should address
their concerns to the City Council.
Bill Scarbourough, stated he has been a developer for 23
years and developed in several communities. He has interest
in property east of this site. He does not believe that
Plymouth is lenient with developers. He noted that
development occurs where people want to live. He stated
Mr. Anderson is a good developer and provides quality
housing.
Mr. Fred Haas understands the concern for the environment;
their site contains 5 acres of woodland and only the street
areas will be cleared. The homes will blend with the exist-
ing trees. It is his opinion that private residents care
for natural areas in their communities and retain them for
future generations.
Chairman Steigerwald inquired if it would be appropriate for
Jerry (Fischer) and Jim (LaVigne) to walk through the site
with Mr. Haas and point out areas of concern? Mr. Haas
answered affirmatively and conveyed his willingness to co-
operate with the residents.
Chairman Steigerwald closed the Public Hearing.
MOTION, by Commissioner Wire, seconded by Commissioner
Stulberg to recommend approval for Mary Anderson Construc-
tion Company for Rezoning, Preliminary Plat, and Variances,
subject to the conditions listed in the April 8, 1987 staff
report, changing Condition No. 11 to read: "Private drive"
access shall be limited to internal public roads and
restricted from Fernbrook Lane and Schmidt Lake Road; and,
Condition No. 14 to be corrected to read . . . shall be
platted and dedicated with "the initial" Final Plat.
Roll Call Vote. 6 A
Cha n Steigerwald introduced the request by Edina Realty
Inc., fo he construction of an office building. Reading
of the April , 19$7 staff report was waived.
Commissioner Zylla in 'red why the request for increased
building height was not variance? Planner Cottingham
explained the Conditional Permit provisions of the
Ordinance.
Commissioner Wire inquired about the e ctric wattage of the
sign? Mr. Arnie Rovick, Edina Realty, aced he did not
know the wattage, the sign is the standard sign used at all
Edina Realty offices. Commissioner Wire inquired about the
fascia. Mr. Rovick stated they would use brick panel, and
MOTION TO APPROVE
VOTE - MOTION CARRIED
EDINA REALTY, INC.
LOT CONSOLIDATION/
DIVISION, SITE PLAN
CONDITIONAL USE
PERMIT (87023)
REPORT DATE:
FILE NO.:
PETITIONER.-
REQUEST:
ETITIONER:
REQUEST:
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO PLANNING COMMISSION
April 8, 1987
87018
SSB
METING DATE: April 22, 1987
Mary Anderson Construction Company
Rezoning, Preliminary Plat and Variance for "Fernbrook Woods"
LOCATION: Northwest of 47th Avenue and Fernbrook Lane
GUIDE PLAN CLASS: LA -1 ZONING: FRD
The petitioner requests approval of a Rezoning, Preliminary Plat and Variance
application to divide approximately 68.8 acres into 106 single family detached
residential lots. The Rezoning request would reclassify the property from FRD (future
restricted development) District to the R -1B (low density residential) District. The
variance is for two lots which are less than 15,000 sq. ft. There have been no
previous planning applications on this property.
A public hearing notice has been published in the legal newspaper and property owners
within 500 ft. have been notified. A Development Sign was placed on the property.
ANALYSIS:
1. The petitioner requests the property be Rezoned to the R -1B (low density
residential) District. The Zoning Ordinance defines this district to consist of
predominantly single family character small lots to be located on the fringes of
walking neighborhoods. This property is located at the east fringe of Walking
Neighborhood Nos. 7 and 16; refer to Attachment A. The Land Use Guide Plan
designation of this property is LA -1 (low density residential).
2. The property located to the west has been approved for development as part of the
Tyrell and Amhurst Planned Unit Developments; the property located to the south has
been approved for development as part of the Kings North subdivision; the property
to the east is currently zoned FRD (future restricted development) District and is
guided LA -3; likewise, the property to the north is currently zoned FRD (future
restricted development) District and is guided LAR (rural density/agriculture).
3. The proposed Preliminary Plat is designed in accordance with the R-18 Zoning
District standards for a conventional development (not a Planned Unit Development).
The minimum lot size for the R --1B Zoning District is 15,000 sq. ft. The proposal
calls for lot size range from 13,720 sq. ft. to 204,718 sq. ft. The proposed
setbacks are 35 ft. front_, yard, 10 ft. side yard, and 20 ft. rear yard which meet
the ordinance provisions. Lot coverage by structures is to comply with the
ordinance provisions of 20 percent.
Staff Report for Marvin Anderson Construction Co.
April 22, 1987 Planning Commission Meeting
Page two
4., The proposed Variance is to allow two lots below the 15,000 sq. ft. minimum for the
R -1B District. These lots are 13,720 sq. ft. and 13,775 sq. ft. The petitioner
has addressed the requested variance in the attached narrative. A copy of the
Subdivision Code Variance Criteria is attached.
5. As part of this development, Fernbrook Lane would be extended to the north to
intersect with Schmidt Lake Road. Fernbrook Lane is classified as a major
collector on the Thoroughfare Guide Plan. Also Schmidt Lake Road would be
constructed as it runs through this property. Schmidt Lake Road is classified as a
minor arterial on the Thoroughfare Guide Plan. The full right-of-way shall be
platted and dedicated with the Final Plat.
6. Park dedication requirements call for a 30 ft. outlot along Fernbrook Lane for
public trail purposes. Any remaining dedication requirements are cash fees
in -lieu -of land dedication.
7. The northern portion of this plat falls within the "General Development"
Shoreland Management Classification of Bass Creek. The proposed minimum lot size
complies with the Shoreland Management regulations of the Zoning Ordinance.
Attached is a copy of the Department of Natural Resources correspondence.
8. No private drive access shall be permitted to Fernbrook Lane or Schmidt Lake Road.
All private drive accesses shall be directed to the internal public roadways.
9. The Physical Constraints Analysis shows this property is within the Shingle Creek
Drainage District. The site is within the Shoreland Management District of Bass
Creek and also contains some wetlands. The site does contain some major woodlands
and severe slopes. There are unsuitable soils for urban compatibility with public
sewers.
10. The portion of this site north of Schmidt Lake Road is located outside of the
Metropolitan Urban Service Area (MUSA boundary) and cannot be developed until such
time as sewer is available to this portion of the property.
PLANNING STAFF COMMENTS
1. The requested Rezoning action is consistent with the guidelines in the ordinance in
that the property is located on the fringe of a walking neighborhood as directed in
the definition of the R -1B Zoning District. Conventional transitional development
is appropriate given the existing development and area guided to the east (LA -3).
2. The proposed Preliminary Plat and Variance complies with the Subdivision Code and
Zoning Ordinance requirements for the R -1B Zoning District.
3. The land north of Schmidt Lake Road shall be platted as an outiot and cannot
develop until sewer is available. This is similar to the Silverthorne Addition and
their land north of Schmidt Lake Road.
Staff Report for Marvin Anderson Construction Co.
April 22, 1987 Planning Commission Meeting
Page three
RECOMMENDATION:
Staff recommends approval of the Rezoning, Preliminary Plat and Variance request
subject to those conditions as stated in the draft recommendation.
Attachments:
1. Recommendation
2. Location Map
3. Variance Criteria
4. Petitioner's Correspondence
5. Attachment A
6. Ordinance Definition of R-18 District
7. DNR Correspondence
8. Engineer's Memorandum
9. Large Plans
0
RECOMMENDED CONDITIONS FOR APRIL 22, 1987 PLANNING COMMISSION MEETING FOR MARV ANDERSON
CONSTRUCTION COMPANY (87018)
SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED
NORTHWEST OF 47TH AVENUE AND FERNBROOK LANE (87018)
WHEREAS, the City Council has approved an Ordinance rezoning certain land located
northwest of 47th Avenue and Fernbrook Lane from FRD (future restricted development)
District to R -1B (low density residential) District in conjunction with approval of the
Final Plat for Fernbrook Woods;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does direct the Final Plat for Fernbrook Woods to
be filed with Hennepin County prior to the publication of said Ordinance.
res/april(fernwoods)2
RECOMMENDED CONDITIONS FOR APRIL 22, 1987 PLANNING COMMISSION MEETING FOR MARV ANDERSON
CONSTRUCTION COMPANY (87018)
APPROVING REZONING, PRELIMINARY PLAT AND VARIANCE FOR MARV ANDERSON CONSTRUCTION
COMPANY FOR "FERNBROOK WOODS" (87018)
1. Compliance with the City Engineer's Memorandum.
2. Removal of all dead or dying trees from the property at the owner's expense.
3. No Building Permits shall be issued until a Contract has been awarded for sewer
and water.
4. Payment of park dedication fees -in -lieu of dedication with appropriate credits in
an amount determined according to verified acreage and according to the Dedication
Policy in effect at the time of filing the Final Plat with Hennepin County.
5. Street names shall comply with the City Street Naming System.
6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures in subdivisions adjacent to, or containing any open storm water
drainage facility.
7. Rezoning shall be finalized with filing of the Final Plat.
S. No Building Permits shall be issued until the Final Plat is filed and recorded
with Hennepin County.
9. No yard setback variances are granted or implied.
10. Approved variances are lot sizes of 13,720 sq. ft. and 13,775 sq. ft. for Lots 1
and 2, Block 2 respectively.
11. Access shall be limited to internal public roads and restricted from Fernbrook
Lane and Schmidt Lake Road.
12. Transitional screening and berming shall be provided along Schmidt Lake Road.
13. The land north of Schmidt Lake Road shall be platted as an outlot until such time
as sewer service becomes available to this site.
14. The full right-of-way of Schmidt Lake Road shall be platted and dedicated with the
Final Plat.
res/april (fernwoods)1
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R
Plyr,1outh City Code
500.39. sea
applications
Sub divi si o
Sect'
5oc 39
Level Elevations R surveys subr2itted in
for way he provisions of Minnesota Statutes,
r for division or consolidation of lots or tracts
cc nne c z.icn =, z
Section 4.62. ,58,
47'e-;Talided In
s.
500.41. Variances. Subdivision 1. General Conditions. The Planning Corr'mi.-Sicn
may recommend a variance from the provisions of this Section as to specJf=c
properties when, in its judgment, an unusual hardship on the land exists. In
granting a variance, the Commission may prescribe conditions that it deers
necessary or desirable in the public interest. In making its findings, as required
below, the Commission shall consider the nature of the proposed use of the lard
and the existing use of land in the vicinity, the number of persons to reside or
work in the proposed subdivision, and the probable effect of the proposed
subdivision upon traffic conditions in the vicinity. No variance shall be granted
unless the Commission finds:
a) That there are special circumstances or conditions affecting the
specific property such that the strict application of the prov-± --ions
of this Section would deprive the applicant of the reasonable use
of the land.
b) That the variance is necessary for the preservation and enjoyment of
a substantial property right of the applicant.
f
c) That the granting of the variance will not be detrimental to the public
welfare or injurious to other property in the territory in which the
property is situated.
The Commission findings in granting or denying a variance shall be in writing and
filed. with the City Clerk.
Subd. 2. Application Reouired. Applications for any variance :nder t -s
Subsection shall be submitted in writing by the owner or subdivider t time
the preliminary plat is filed for consideration by the Planning Co ' sion, and
shall state all facts relied upon by the applicant, and shall b pr)lemented ,r ---"h
maps, plans or other additional data which may aid the Co ' sion in the analysis
of the proposed project. The plans for such developme all include such
covenants, restrictions or other legal provisions essary to guarantee the
full achievement of the plan for the proposed ject.
500.43. Compliance; Waivers • Buil d;r ermits. Subdivision 1. Conveyance of land.
Any person who conveys land by met and bounds or by reference to an unapproved
plat or registered land survey violation of the provisions of Minnesota Statutes.
Section X62.358, Subdivisio , is subject to the penalty provisions of that,
Section.
Subd. 2. Wa' er of Com liance . In az y case where compliance with the
provisions of e sots Statutes, Section 462.358, Subdivision 4 will create an
unnece71'1ardship and failure to comply will not interfere with the purpose
of thiion, the City Council may by resolution waive compliance with this
Subsecprovided, however, that the proposed conveyance has been reviewed
by t Planning Commission and the Commission has found that it complies
wit all provisions of this Section.
Planning Commission/ City Counsel March 27, 1987
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Subject: Fernbrook Woods rezoning and preliminary plat (87018)
This letter is written in response to the request for variance to
lot size of lots 1 and 2 of block 2. The requested rezoning of
this parcel is to R -1B with a minimum of: 15,000 sq. ft. per lot,
90 ft. frontage, and 120 ft. lot depth. The entire subdivision of
Fernbrook Woods meets this criteria with the exception of lots 1
and 2 of block 2, these lots are 13,720 sq. ft. 13,725 sq. ft.
respectively. The width and depth of lot 1 is 98 ft. wide, 135
ft. on the shortest side and 140 ft. on the deepest side. Lot 2
is 90 ft. wide, 140 ft. on the shortest side and 165 ft. on the
deepest side which is the street side. (see attached graphic
exhibit A)
The reasoning for this request is that the adjoining plats have
street configurations that must be conformed to. These streets as
they intersect leaves a reminent parcel of land about 27,445 sq. ft. in size. To leave this parcel as one lot would not be in
keeping with the adjoining plats. ie King's North to the south
which has 15,000 sq. ft. to 16,000 sq. ft lots, and the Tyrell
Addition to the west with adjoining lots at approximately 13,775
sq. ft. to 169000 sq. ft.
To obtain continuity in the neighborhood one oversized lot would
be out of place. Rather, continuity would be achieved by grantingtherequestedsquarefootagevariancesforlot1and2ofblock2
Fernbrook Woods.
Sincerely,
ert P. Sa't
Project Man ger
RPS/rfc
3-87018
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PLYMOUTH ZONING ORDINANCE
Section 7, Subdivision B
2. R -1A (Low Density -Single Family Residence) District
This District is intended to preserve, crea a areas for low densitysinglefamilydwellingdeveasanextensionofexistingfl-esidential
areas and to allo nsity development at' about two dwelling units per acre
within t as indicated as low density residential in the Comprehensive Plan. A range of public services and facilities must be made available to these
r
3. R -1B (Low Density Residence) District
This District is intended to provide areas that will allow a mixing of two-
family homes with areas of predominantly small lot, single family character
at a density range of 2 to 3 dwelling units located on the fringes of walkingneighborhoodswithintheLowDensityResidentialareasindicatedinthe
Comprehensive Plan and served with public services and facilities.
4. K -L (LOW uensity Multiple Family Residence) -District
his District is intended to create low density areas at about 3 to 5 dlinqunitsperacrewithabroadrangeofhousingtypesinthoseareaswittheLowMediumDensityResidentialareasintheComprehensivePlanandreproperlyrelatedtootherlandusesandthoroughfaresandwherepubservicesandfacilitiesareavailable.
5. R-3 (Medium Density Multiple Family Residence) Distric
This District is intended to allow the development townhouses, rowhouses, and
other types of low density multi -family units at out 5 to 10 dwelling units peracrewithintheHighMediumDensityareasintComprehensivePlanandservedbypublicservicesandfacilities.
6. R-4 (High Density Multiple Family Resi tial) District
This District is intended to create, reserve, and enhance areas for multi -familyuseathigherdensitiesat
abca
1O to 18 dwellingunits per acre for both
permanent and more
transienZ
es. It is appropriate only in areas served bypublicutilities, with gossibility to thoroughfares, public communitycenters, libraries, and shenters, and where such development is within
the High Density Residen al areas in the Comprehensive Plan.
SUBDIVISION C - ALLOWAKE USES
Within the XResince Districts, no building or land shall be used except for
one or moree following uses. Letter designations shall be interpreted
as meaning:
P - Permitted Uses
C - Uses by Conditional Use Permit
A - Accessory Uses
7-2
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DEPARTMENT OF NATURAL RESOURCES
PHONENO. 612/296-7523 1200 Warner Rd. St. Paul, Mn. 55106
FILE NO..
March 31, 1987
Al Cottingham
City of Plymouth
3400 Plymouth Blvd. ,
Plymouth, Mn. 55447
Dear Mr. Cottingham:
RE: FERNBROOK WOODS
APR s br
We received your letter dated March 17, 1987 with the Preliminary PlatforFernbrookWoods. Upon analysis of our protected waters maps, Bass
Creek appears to pass through the northwest corner of the Development
area. Bass Creek is a State Protected Water, therefore any changes to
the creek below the top of the bank will require a permit from our
office.
Otherwise, we have no objections to the project according to the
Fernbrook Woods Preliminary Plat.
If you have any questions, feel free to contact me at 296-7523.
Sincerely,
CJ Boudreau
Area Hydrologist
Metro Region Division of Waters
J40/lkr
AN EQUAL OPPORTUNITY EMPLOYER
DATE:
FILE NO.
PETITIONER:
PRSLIliIHARY PLAT:
LOCATION:
ASSESSMIM RECORDS:
N/A Yes leo
City of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
April 16, 1987
87018
Mr. Fred Haas, Vice President — Marvin Anderson Construction, Inc.
8901 Lyndale Avenue South, Minneapolis, = 55420
Fernbrook Woods
West of Fernbroot Lane — North of 46th Avenue Horth in the
East 1/2 of Section 9
1. X Watermain area assessments have been levied based on proposed use.
Z. X Sanitary sewer area assessments have been levied based on proposed
use.
3. X
4.
SAC and REC charges will be payable at the time building permits are
issued.
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at
the time of final plat approval.
Area assessments:
71,020. Sanitarp
375/unit = $39.750.
Watermain area based on 106 units z $670/unit s
sever area assessment based on 106 units z
5. Other additional assessments estimated: The Developer has petitioned
the City to construct all public streets and utilities. They frill be
responsible for the total cost of the improvements.
Legal/Basements/Pernits:
6. X Complies with standard utility/drainage easements.. -
The City will require utility and drainage easements ten feet (10') in
width adjoining all streets .and six feet (6') in width adjoining side
and rear lot lines.
4
N/A Yes No
7. X All standard utility easements required for construction are provided -
The City will require twenty foot (20') utility and drainage easements
for proposed utilities along the lot lines where these utilities are
proposed to be installed. This item has been reviewed with the final
plat and final construction plans.
8. X Complies with ponding requirements -
The City will require the dedication of drainage easements for ponding
purposes on all property lying below the established 100 year high
water elevation and conformance with the City's comprehensive storm
water drainage plan. As shorn on the PrelininalZ Plat.
9. X All existing unnecessary easements and rights-of-way have been vacated
It will be necessary to vacate the obsolete easements/right-of-wav to
facilitate the development. This is not an automatic process in con-
junction with the platting process. It is the owner's responsibility
to submit a petition as well as legal descriptions of easements
proposed to be vacated.
10, X The Owner's Duplicate Certificate of Title has been submitted to the
City with this application - If it is subsequently determined that the
subject property is abstract property, then this requirement does not
apply.
It will be necessary for the property owner to provide the City
Attornev with the Owner's Duplicate Certificate of Title in order that
he may file the required easements referred to above.
11. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR Bassett Creek
Mn DOT Minnehaha Creek
Hennepin County Elm Creek
X MPCA X Shingle Creek
X State Health Department Army Corps of Engineers
Other
2-
TRANSPORTATION:
N/A Yes No
ti
12. X Conforms with the City's grid system for street names -
The names of the proposed streets in the plat must conform to the City
grid system for street names. The following changes will be necessary.
r
52nd Avenue shall be chanited to 51st Avenue: Slat Avenue shall be changed
to 50th Avenue; 51st Court shall be changed to Glacier Lane; 48th Court
shall be changed to 48th Avenue; 49th Court shall be changed to 49th
Aveuuez Glacier Court shall be changed to Glacier Lane.
13. X Conforms with the City's adopted Thoroughfare Guide Plan -
The following revisions must be made to conform with the City's adopted
Thoroughfare Guide Plan. See Item 24A.
14. X Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
15. X All existing street rights-of-way are required width -
DTILITIBS:
16. X Conforms with City standards requiring the developer to construct
utilities necessary to serve this plat -
In accordance with City standards, the developer shall be responsibile
for constructing the necessary sanitary sewer, water, storm sewer and
streets needed to serve this plat. A registered professional engineer
must prepare the plans and profiles of the proposed sanitary sewer,
watermain, storm sewer facilities and streets to serve the development.
Csa Tke 1A
3-
r N/A Yes No
17.
1
X Preliminary utility plans submitted comply with all City requirements -
The developer' has submitted the required preliminary plans for the
proposed sanitary sewer, watermain and storm sewer facilities; and also
be required to furnish profiles of these utilities as well as the
proposed street system (public and private).
18. X Per developer's request a preliminary report and plan will be prepared by
the City -
If it is their desire to have the City construct these facilities as part
of its Capital Improvements Program, a petition must be submitted to the
Citv. The cutoff date for petitions is October 1, of the _year preceding
construction. The Developer___ has petitioned the City to construct the
necessary utilities to serve the plat.
19. Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the following lots.
Certain lots North of Schmidt Lake goad.
20. X The preliminary plans conform to the City's adopted Comprehensive Water
Distribution Plan -
The following revisions will be required: A 16" watermain shall be
constructed within Fernbrook Lane and Schmidt Lake Road.
21. X The preliminary plans conform to the Cit_v's adopted Comprehensive
Sanitary Sewer Plan -
The following revisions will be required:
4-
PRELIMIRM GRADING DRAIRAGE AND EROSION CONTROL:
22. X It will be necessary to contact Bob Fasching, the City's utilitv foreman,
24 hours in advance of making any proposed utility connections to the
City's sanitary sewer and water systems. The developer shall also be
responsible for contacting Jim Kolstad of the Public Works Department for
an excavating permit prior to any digging within the City right -of -wavy.
All water connections shall be via wet tap.
23. X Complies with Storm Drainage Plan -
The grading, drainage and erosion control plan has been submitted to the
City's Consulting Engineer for review.to see if it is in conformance with
the City's Comprehensive Storm Drainage Plan. All of their recommen-
dations shall be incorporated in a revised pian. The grading and
drainage plan shall also indicate proposed methods of erosion control,
including the placement of silt fence in strategic locations. Addition-
ally, the following revisions will be necessary: Shall comply with
Shingle Creek requirements.
SPECIAL CORDITIONS REQQIRSD:
24. A. The alignment and grade of Schmidt Lake Road shall be verified prior to Final Plat
approval to ensure this proposal matches with the established alignment and grade
within the Silverthorne Addition. The remainder of Fernbrook Lane and Schmidt
Lake Road shall be constructed with Phase II of the development. The right-of-way
for Schmidt Lake Road and Fernbrook Lane shall be dedicated on the plat for the
First Addition. One half (West side) of Fernbrook Lane shall be constructed to
the North line of Phase I.
B. The area North and East of Phase I and South of Schmidt Lake Road lies outside the
1990 service area and cannot be developed until sanitary sewer is extended to the
West side of 494.
C. The area North of Schmidt Lake Road is outside MUSA boundary and service cannot be
provided until such time as the trunk sewer is extended by MWCC.
D. All portions of the Preliminary Plat outside of Phase I are for concept review
only. After sanitary sewer is available to Phase II, a detailed Preliminary Plat
shall be submitted for review and approval by the City Council.
Submitted by:
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1987 for City Council Meeting May 4, 1987
TO: James G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Community Development Director
Blair Tremere
SUBJECT
EDINA REALTY, INC. LOT CONSOLIDATION/DIVISION, SITE PLAN, AND CONDITIONAL
USE PERMIT (87023)
SUMMARY: Attached are the Resolutions approving the Lot Consolidation/
Division, and setting conditions prior to filing the Division;
and, approving the Site Plan and Conditional Use Permit for Edina Realty, Inc. The
proposal is for the construction of a 23,380 sq. ft. office building northwest of
County Roads 9 and 18. The Planning Commission reviewed the request at a Public
Hearing on April 22, 1987, and recommended approval by a vote of 5 ayes; and, one
abstention.
Attr anhmcan1- c
1. Resolution Approving Lot Division
2. Resolution Setting Conditions Prior to Filing
3. Resolution Approving Site Plan and Conditional Use Permit
4. April 22, 1987 Planning Commission Minutes
5. April 9, 1987 Planning Staff Report
b. Large Plans
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
adoption.
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
APPROVING LOT CONSOLIDATION/DIVISION FOR EDINA REALTY, INC. (87023)
WHEREAS, Edina Realty, Inc. has requested approval of Lot Consolidation/Division of
property northwest of County Roads 9 and 18, as follows:
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the following:
Consolidation of:
Lots 2 and 3, Block 1, BERG 2ND ADDITION, Hennepin County, Minnesota
to -be divided as follows:
PARCEL A:
Lot 3, Block 1, BERG 2ND ADDITION; and, that part of Lot 2, Block 1, Berg 2nd
Addition which lies west of a line described as beginning at the Southeast corner
of Lot 1, Block 1, BERG 2ND ADDITION; thence South parallel with the West line of
said Lot 2 to its intersection with the South line of said Lot 2 and there
terminating.
PARCEL B:
That part of Lot 2, Block 1, BERG 2ND ADDITION which lies East of a line described
as beginning at the Southeast corner of Lot 1, Block 1, BERG 2ND ADDITION; thence
South parallel with the West line of said Lot 2 to its intersection with the South
line of said Lot 2 and there terminating.
FURTHER, that the City Manager be authorized to make the necessary special assessment
corrections based upon City Policy when the division is approved by Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by _
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
r CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT CONSOLIDATION/DIVISION
FOR EDINA REALTY, INC. (87023)
WHEREAS, the City Council has approved a Lot Consolidation/Division for Edina Realty,
Inc. for property located northwest of County Roads 9 and 18, under Resolution No. ;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does direct the following conditions to be met
prior to filing of and regarding said Lot Consolidation/Division:
1. Compliance with the City Engineer's Memorandum.
2.- No yard setback variances are granted or implied.
3. Payment of park dedication fees -in -lieu of dedication prior to issuance of
Building Permit in accordance with City Policy in effect at the time of Building
Permit issuance.
4. No Building Permit to be issued until the Lot Division is filed with Hennepin
County.
5. Submittal of all necessary utility easements prior to filing Lot Division with
Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR EDINA REALTY, INC. (87023)
WHEREAS, Edina Realty, Inc. has requested approval of a Site Plan and Conditional Use
Permit to construct a 23,380 sq. ft. office building with a request to exceed the
building height limitation on property located northwest of County Roads 9 and 18; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Edina Realty, Inc. for
a Site Plan and Conditional Use Permit to construct a 23,280 sq. ft. building that will
exceed the height limitation of 45 ft., on property northwest of County Roads 9 and 18
and, subject to the following conditions:
1. Compliance with City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of Building Permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement for
completion of site improvements.
4. Any signage shall be in compliance with the Ordinance.
5. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
7. All waste and waste containers shall be stored within the enclosure and no outside
storage is permitted.
8. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to
the release or reduction of any site improvement bonds per City Policy.
Page two
Resolution No. 87-
9. No Building Permit to be issued until the lot Division is filed and recorded with
Hennepin County.
10. The Conditional Use Permit is for the building height of 48 feet.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
Page 84
Planning Commission Minutes
April 22, 1987
Chairman Steigerwald explained that the Commission is not
involved with assessments and the residents should address
their concerns to the City Council.
Bill 5carbourough, stated he has been a developer for 23
years and developed in several communities. He has interest
in property east of this site. He does not believe that
Plymouth is lenient with developers. He noted that
development occurs where people want to live. He stated
Mr. Anderson is a good developer and provides quality
housing.
Mr. Fred Haas understands the concern for the environment -
their site contains S acres of woodland and only the str t
areas will be cleared. The homes -will blend with the ist-
ing trees. It is his opinion that private reside s care
for natural areas in their communities and reta" them for
future generations.
Chairman Steigerwald inquired if it would e appropriate for
Jerry (Fischer) and Jim (LaVigne) to w k through the site
with Mr. Haas and point out areas f concern? Mr. Haas
answered affirmatively and conveye his willingness to co-
operate with the residents.
Chairman Steigerwald closed Xie Public Hearing.
MOTION /
omFernbrook
issione Wire, seconded by Commissioner
Stulbergommend approval for Mary Anderson Construc-
tion ComRe ning, Preliminary Plat, and Variances,
subject o itions listed in the April 8, 1987 staff
report, Condition No. 11 to read: "Private drive"
access e limited to internal public roads and
restrictFernbrook Lane and Schmidt Lake Road; and,
Conditio4 to be corrected to read shall be
plattedcated with"the initial" Final Plat.
MOTION TO APPROVE
Roll O'all Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED
Chairman Steigerwald introduced the request by Edina Realty EDINA REALTY, INC.
Inc., for the construction of an office building. Reading LOT CONSOLIDATION/
of the April 9, 1987 staff report was waived. DIVISION, SITE PLAN
CONDITIONAL USE
Commissioner 2ylla inquired why the request for increased PERMIT (87023)
building height was not a variance? Planner Cottingham
explained the Conditional Use Permit provisions of the
Ordinance.
Commissioner Wire inquired about the electric wattage of the
sign? Mr. Arnie Rovick, Edina Realty, stated he did not
know the wattage, the sign is the standard sign used at all
Edina Realty offices. Commissioner Wire inquired about the
fascia. Mr. Rovick stated they would use brick panel, and
Page 85
Planning Commission Minutes
April 22, 1987
the building conforms to the Building Code requirements.
Commissioner Wire asked about the color of the building;
Mr. Rovick stated it would be dark brown.
Chairman Steigerwald opened and closed the Public Hearing,
as there was no one present to speak on this item.
MOTION by Commissioner Stulberg, seconded by Commissioner NOTION TO APPROVE
Wire to recommend approval for the Lot Consolidation/
Division, Site Plan and Conditional Use Permit for Edina
Realty, Inc., subject to the conditions listed in the April
9, 1987 staff report.
Roll Call Vote. 5 Ayes, Commissioner Zylla abstained. VOTE - NOTION CARRIED
MOTION carried.
Commissioner Zylla stated his reason for abstention was his
knowledge of discussions between this petitioner and
M`ortenson Companies.
HE; BUSINESS
Chairmanteigerwald introduced the request by Erin Proper-
ties to con ruct an office/warehouse. Reading of the April
87 1987 staff port was waived.
Chairman SteigerwaIld, requested Commissioner Zylla explain
his reasons for removi this item from the Consent Agenda.
Commissioner Zylla stated e plans call for various types
of block. Mr. dames O'Brien Erin Properties, stated that
two types of decorative block ould be used, rockface and
scored. Commissioner Zylla inqui d if it would be painted;
Mr. O'Brien stated all materials wo Id be painted. Commis-
sioner Zylla inquired if the ridges ould be painted. Mr.
O'Brien answered yes, two-tone gray wo d be used. Commis-
sioner Zylla inquired if the materia surrounding the
building would be pre -cast; Mr. O'Brien an wered no. Com-
missioner Zylla stated his concern regardin the construc-
tion of a block building in an area where o er buildings
are constructed of higher quality materials.
Mr. O'Brien stated he understood his building met Nty Ord-
hinginancerequirementsandhedidnotintend: -to build so et
the City would find objectionable.
Further discussion ensued about building materials; ah
Commissioner Zyila's concern about architectural feature
and compatability of structures in the non-residential zon-
ing districts.
Chairman Steigerwald apologized to the applicant for involv-
ing this petition in a Commission discussion which has not
evolved into any specific code requirements. He called for
a Motion.
ERIN PROPERTIES
SITE PIAN (87024)
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO PLANNING COMMISSION
REPORT DATE: April 9, 1987
FILE NO.: 87023
PETITIONER: Edina Realty Inc.
MEETING DATE: April 22, 1987
REQUEST: Lot Consolidation, Lot Division, Site Plan and Conditional Use Permit
LOCATION: Northwest of County Road 9 and County Road 18
GUIDE PLAN CLASS: CL (limited business) ZONING: B-1 (office limited business)
BACKGROUND:
The petitioner requests approval of a Lot Consolidation, Lot Division, Site Plan and
Conditional Use Permit for the construction of a 23,380 sq. ft. office building. This
land was platted as "Berg 2nd Addition" in 1986, and the petitioner is relocating one
of the lot lines to better suit their needs.
A public hearing notice has been published in the legal newspaper and property owners
within 500 ft. have been notified. A Development Sign was placed on the property.
ANALYSIS:
1. The Lot Consolidation/Division meets the Ordinance requirements in that both par-
cels exceed the one acre minimum of the B-1 (office limited business) District.
2. The Site Plan complies with the ordinance provisions and requirements relating to
building setbacks; number of parking spaces and design of the parking lot; lot
coverage by structure (7.4%); rooftop equipment (to be screened); landscaping;
trash receptacles; and illumination provisions. The plan complies with
requirements of the Fire Code.
3. The Conditional Use Permit is required to exceed the ordinance height limit of 45
feet by 3 feet. The building will be four stories and has been setback the
additional distance to meet the Conditional Use Permit standards of the Zoning
Ordinance.
4. Park dedication requirements will be cash fees in -lieu -of land dedication.
5. The Physical Constraints Analysis identifies that this property is located in the
North Branch Drainage District. It does not contain any wetlands and has no major
woodlands or severe slopes. The soils appear suitable for urban compatibility with
public sewers.
PLANNING STAFF COMMENTS:
1. The Lot Consolidation, Lot Division, Site Plan and Conditional Use Permit respond
to the ordinance provisions and comply with the minimum development standards.
Staff Report for Edina Realty Inc.
April 22, 1987 Planning Commission Meeting
Page two
RECOMMENDATION:
Staff recommends approval of the' Lot Consolidation, Lot Division, Site Plan and
Conditional Use Permit subject to those conditions as reflected in the draft
recommendation.
Attachments:
1. Recommendation
2. Location Map
3. Conditional Use Permit Excerpt
4. Petitioner's Correspondence
5. Hennepin County Correspondence
6. Engineer's Memorandum
7. Large Plans
RECOMMENDED CONDITIONS FOR APRIL 229 1987 PLANNING COMMISSION MEETING FOR EDINA REALTY,
INC. (87023)
SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION/LOT
CONSOLIDATION FOR EDINA REALTY INC. (87023)
1. Compliance with the City Engineer's Memorandum.
2. No yard setback variances are granted or implied.
3. Payment of park dedication fees -in -lieu of dedication prior to issuance of
Building Permit in accordance with City Policy in effect at the time of Building
Permit issuance.
4. No Building Permit to be issued until the Lot Division/Lot Consolidation is filed
with Hennepin County.
5. Submittal of all necessary utility easements prior to filing Lot Division/Lot
Consolidation with Hennepin County.
res/april(edina)2
RECOMMENDED CONDITIONS FOR APRIL 229 1987 PLANNING COMMISSION MEETING FOR EDINA REALTY
INC. (87023)
APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR EDINA REALTY INC. (87023)
1. Compliance with City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of Building Permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement for
completion of site improvements.
4. Any signage shall be in compliance with the Ordinance.
5. Any subsequent phases or expansions are subject to required reviews and approv-
als per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
7. All waste and waste containers shall be stored within the enclosure and no outside
storage is permitted.
8. An 8 112 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to
the release or reduction of any site improvement bonds per City Policy.
9. No Building Permit to be issued until the Lot Division/Consolidation is filed and
recorded with Hennepin County.
10. The Conditional Use Permit is for the building height of 48 feet.
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2. Procedure. Before any Conditional Use Permit may be granted, the application
therefore, shall be referred to the Planning Commission for purposes of evalua-
tion against the standards of this Section, Public Hearing, and development of a
recommendation to the City Council, which shall make the final determination as
to approval or denial.
a. The Planning Commission shall review the application and consider its con-
formance with the following standards:
i) Compliance with and effect upon the Comprehensive Plan.
2) The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be detrimen-
tal to or endanger the public health, safety, morals or comfort.
3) The conditional use will not be injurious to the use and and enjoyment
of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the neighborhood.
4) The establishment of the conditional use will not impede the normal and
orderly development and improvement of surrounding property for uses
permitted in the District.
5) Adequate measures have been or will be taken to provide ingress, egress,
and parking so designed as to minimize traffic congestion in the public
streets.
b) The conditional use shall, in all other respects, conform to the appli-
cable regulations of the district in which it is located.
ATTACHMENT B
Conditional Use Permit Request
Pursuant to the City of Plymouth Zoning Ordinance, a Conditional Use Permit
is requested by Edina Realty, Inc. to construct an office building which is
48 ft. in height on the property described in the attached application.
Site development and construction will be completed as proposed in the accom-
panying Pians.
Section 9 of the City Zoning ordinance cites six standards which must be con-
sidered or found applicable prior to approval of a Conditional Use Permit.
These standards, and comments for each standard, are as follows:
1. "Compliance with and effect upon the Comprehensive Plan".
The property is zoned B-1; the proposal is in compliance with
the Comprehensive Plan and will not adversely effect future
development or existing developments in the area.
2. "The establishment, maintenance, or operation of the Con-
ditional Use will promote and enhance the general public
welfare and will not be detrimental to or endanger the
public health, safety, morals or comfort."
The zoning ordinance allows a building to be 45 ft. in height
in a B-1 district.
Utilities and roadways have been designed and constructed to accommodate
B-1 densities and will meet the future demands of saturation development in
the vicinity.
The interior site design and architectural treatment of the proposed structure
and site will enhance the area and provide positive influence with no negative
impact on public health, safety, morals or comfort.
3. "The Conditional Use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for
the purposes already permitted, nor substantially diminish
and impair property values within the neighborhood."
Utilities, roadways, and public facilities intended to serve this area of the City
of Plymouth are all designed for future potential land use as outlined in the
comprehensive land use guide plan. As a result of this planning, and the fact
that the property is guided for business development, this Conditional Use Permit
approval should not substantially diminish or impair property values or the use
of adjacent properties.
4. "The establishment of the Conditional Use will not impede the normal
and orderly development and improvement of surrounding property
for uses permitted in the district"..
lay_
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2-
The development of this property will not impede the normal and orderly
development of surrounding properties. In fact, development and sale of the
property is occurring in view of the presently guided land uses and also in
view of current construction activities in the vicinity.
S. "Adequate measures have been and will be taken to provide
ingress, egress and parking so designed as to minimize traffic
congestion in the public streets."
The site design proposes two access points along Mendelssohn Ave., one ingress
and one egress, with one-way circulation on-site. These two access points will
accommodate the traffic along Mendelssohn Ave. and as generated by the pro-
posed development.
Parking requirements set by the City Zoning Ordinance.
6. "The Conditional Use shall, in all other respects, conform to the
applicable regulations of the district in which it is located."
It is the intent of this development to conform with City and State regulations
in all respects.
We believe that the development will stand on its own merits and will provide a
source of pride to the community. It will be a positive addition to the area as
viewed from Co. Rd. 18, Co. Rd. 9 and surrounding developments.
DEPARTMENT OF TRANSPORTATION
324 Washington Av, South
HENNEPIN
Hopkins, Minnesota 55343-8468
Ll u 935-3381
TTY 935-6433
March 28, 1987
Mr. Al Cottingham
Associate Planner
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Dear Mr. Cottingham:
RE: Proposed Site Plan - Edina Realty Office Building
CSAR 9/18 Northwest quadrant
Section 13 Township 118, Range 22
Hennepin County No. 1508
Review and Recommendations
We reviewed the above site plan and make the following comments:
No additional right of way required by Hennepin County at this time along
CSAR 18 or CSAR 9 in the area of this site plan.
All access to CSAR 9 and CSAH 18 must be via the existing frontage road.
No direct access from this site onto CSAH 18 or CSAR 9 will be permitted by
Hennepin County.
The developer must submit to Hennepin County for review a detailed storm
drainage plan for this site. Submit this information to Jim Ault, Hennepin
County Hydraulics Engineer.
All proposed construction within County right of way requires an approved
utility permit prior to beginning construction. This includes, but is not
limited to, drainage and utility construction, trail development, and
landscaping. Contact our Maintenance Division for utility permit forms.
The developer must restore all areas disturbed during construction within
County right of way.
HENNEPIN COUNTY
an equa I opportunity employer
A. Cottingham
March 28, 1987
Page 2
Please direct any response or questions to Les Weigelt.
Sincerely,
David W. Schmidt, P.E.
Transportation Planning
DWS/LDW:mr
CETT Of f17MOW I"
ENGINEER'S MEMO
to
Planning Commission & Council Members
DATE: ApriZ 16, 1987
FILE NO.: 87 023
PETITIONER: Mr. Arnie Rovick, Edina ReaZty, Inc . , 4015 West 65th Street,
Edina, MN 55436
LOT DIVISION/CONSOLIDATION: Lots 2 and 3, Block 1, Berg 2nd Addition
LOCATION: South of 45th Avenue, West of County Road 18 in the Northeast
of Section 13
ASSESSMENT RECORDS:
wA ns Mo
C]0
2. 0
3. 0
4.
Watermain area assessments have been levied based on proposed use.
Sanitary sewer area assessment have been levied based on proposed use.
SAC and REC charoes will be payable at the time building permits are
issued.
A ditional assessments estimated: Sanitary Sever LateraZ Project 702—
63014 for East Parcel. Storm Suer Project ,7 4218. 50
LEGAL EASEMENTS/PERMITS:
5. Complies with standard utility/drainage easements —
The current City ordinance requires utility and drainage easements ter:
feet (10') in width adjoining all streets and six feet (5') in width
adjoining side and rear lot lines. (If easements are required itisexecutednecessaryfortheownertosubmitseparateeasementdocuments
and in recordable form prior to the issuance of any building peemi is . )
A -6 foot Drainage and utilitiy easment shaZZ be provided over t
west6 feet of the Last ParceZ and the east 6 feet of the
6 . 1300 Complies with ponding requirements—
The
equirements—
The City will require the dedication of drainage easements for pondinc
purposes on all property lying below the established 100 year high
water elevation and conformance with the City's Comprehensive Storm
Drainage Plan.
EM-LD/C-2/81
aur n: NO
r 7. Conforum with City policy regarding minimum basement elevations —
Minimu. basement elevations must be established for the following lots.
8. 1300 All standard utility easements required for construction
The following easements will be required for construction of utilities.
9. ® All existing unnecessary easements and right-of-ways have been vacate?
It will be necessary to vacate the obsolete easements/richt-of-wry to
facilitate the development. This vacation is not an autocratic process
in conjunction with the platting process. It is entirely dependent
upon the City receiving a petition for the vacation from the property
owner; -therefore, it is their responsibility to submit a petition as
well as legal descriptions of easments proposed to be vacated.
The DeveZo er has petitioned the City to Vacate the 6 foot drainage
aut-2ty easement overt e West Parcel t e Narth Zine of Lot 3.
10. ® The Owner's Duplicate Certificate of Title has been submitted to the
City with this application
It will be necessary for the property owner to provide the city attor-
ney with the Owner's Duplicate Certificate of Title in order that he
may file the required easements referred to above.
11. ® All existing street right-of-ways are required width -
Additional right-of-way will be required on
SPECIAL CONDITIONS REQUIRED:
Submitted by:
Citv_ of Plymouth
E N G I N E E R' S M E M O
to
Planning Commission & City Council
DATE: April 16, 1987
FILE NO.: 87023
PETITIONER: Nr. Arnie Rovick - Edina Realty, Inc. - 4015 West 65th Street
Edina, Ninnesota 55436
SITE PLAN: Edina Realty Building
LOCATION: South of 45th Avenue, West of County Road 18 in the
Northeast 1/4 of Section 13.
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed use.
3. X SAC and REC charges will be payable at the time building permits are
issued.
4. Area assessments estimated -
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at the
time ofSitePlan approval: None.
5. Other additional `assessments estimated: Storm sewer, Project No. 702 =
6,670.75
LEGAL/ S/PERMITS:
6. X Property is one parcel -
The approval of the site plan as proposed requires that a lot consolida-
tion be approved by the City_ Council and the necessary resolution should
be processed at the same time as the site plan approval. A Lot
Division/Consolidation is being processed simultaneously with this
application
to
N/A Yes No
7. X Complies with standard utility/drainage easements -
The current City ordinance requires utility and drainage easements ten
feet (10') in width adjoining all streets and six feet (6') in width
adjoining side and rear lot lines. (If easements are required it is
necessary for the owner to submit separate easement documents executed
and in recordable form prior to the issuance of any building permits.)
A 6 foot drainage and utility easement shall b_ aprovided over the West 6
feet of the East parcel and the East 6 feet of the West Parcel.
8. X Complies with ponding requirements -
The City will require the dedication of drainage easements for ponding
purposes on all property lying below the established 100 year high water
elevation and conformance with the City's comprehensive storm water
requirements.
9. X All standard utility easements required for construction are provided -
The following easements will be required for construction of utilities.
10. X All existing unnecessary easements and rights-of-way have been vacated -
It will be necessary to vacate the obsolete easements/right-of-way to
facilitate the development. It should be noted that this vacation is not
an automatic process in conjunction with the platting process. It is
entirely dependent upon the City receiving a petition for the vacation
from the property owner; therefore, it is their responsibility to submit
a petition as well as legal descriptions of easements proposed to be
vacated. The Developer has petitioned to have the unnecessary easement
vacated.
ll. X The Owner's Duplicate Certificate of Title has been submitted to the City
with this application -
It will be necessary for the property owner to provide the City Attorney
with the Owner's Duplicate Certificate of Title in order that he may file
the required easements referred to above.
2-
UTILITIES AND TRAFFIC:
NIA Yes No
12. X All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
Mn DOT
Hennepin County
MPCA
State Health Department
13. X Complies with Storm Drainage Plan -
X Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Armv Corps of Engineers
Other
The site plan will be submitted to the City's consulting engineer for
review to see if it is in conformance with the City's Comprehensive Storm
Drainage Plan. All of their recommendations shall be incorporated in a
revised plan. The grading and drainage plan shall also indicate proposed
methods of erosion control, including the placement of silt fence in
strategic locations. Additionally, the following revisions will be
necessary:
14. X Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as the
one proposed be within 300 feet of a fire hydrant. It will be necessary
to locate hydrants in such a manner that the site plan complies with this
section of the City Ordinance.
15. X Size and type of material proposed in utility systems has been provided -
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services and
storm sewer.
16. X Post indicator valve - fire department connection -
It will be necessary to locate the post indicator valve in such a manner
that it will not render any of the existing fire hydrants inoperable.
3-
N/A Yes No
17. X Hydrant valves provided -
All new fire hvdrants shall be valved with b" gate valves per City
Engineering Guidelines Detail Plate No. W-2. This plate should be
referenced on the site plan.
18. X Fire lane provided -
It will be necessary to construct a fire lane surrounding the building
that can be utilized for fire protection purposes. The fire lane shall
be constructed to current City Standards.
19. X Sanitary sewer cleanouts provided -
It will be necessary to provide cleanouts on the proposed internal
sanitary sewer system at a maximum of 100 foot intervals.
20. X Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
21. X All existing street right-of-ways are required width -
Additional right-of-way will be required on
22. X Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
23. X Curb and gutter provided -
The City requires B-612 concrete curb and gutter at all entrances and
where drainage must be controlled, Curb Stone may be used where it is not
necessary to control drainage. For traffic control either B-612 or curb
stone is required around the bituminous surfaced parking lot. The site
plan shall be revised to indicate compliance with this requirement.
24. X Complies with parking lot standards -
The City will require that all traveled areas within the parking lot, as
well as the proposed entrances, shall be constructed to a 7 -ton standard
City design with six inches of Class 5 100% crushed limestone and three
inches of 2341 wear or five and one-half inches of 2331 base and two
inches of 2341 wear. All parking areas may be constructed to a standard
5 -ton design consisting of four inches of Class 5 100% crushed base and
two inch bituminous mat. The site plan shall be revised to indicate
compliance with these requirements.
STeIiDABDS :
N/A Yes No
25. X It will be necessary to contact Bob Fasching, the City's utility foreman,
24 hours in advance of making any proposed utility connections to the
Citv's sanitary sewer and water systems. The developer shall also be
responsible for contacting Jim Kolstad of the Public Works Department for
an excavating permit prior to any digging within the City's right-of-way.
All connections to the water system shall be via wet tap.
26. X The City will require reproducible molar prints of sanitary sewer, water
servicer
and storm sewer as-builts for the site prior to occupancy permits
being granted.
27. X The site plan complies with the City of Plymouth's Engineering Standards
Manual dated 1985. See Item 5, 6317 101% 11, 12 and 17.
5-
SPECIAL CONDITIONS REQUIRED:
Submitted by: Z
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1987 for City Council Meeting May 4, 1987
TO: James G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Community Development Director
Blair Tremere
SUBJECT
ERIN PROPERTIES. SITE PLAN (87024)
SUMMARY: Attached is the Resolution approving the Site Plan for Erin
Properties to construct a 24,130 sq. ft. office/ warehouse west
of Highway 55, south of 16th Avenue North. The Planning Commission reviewed the
application at the meeting on April 22, 1987 and recommended approval by unanimous
vote.
Att +F montc
1. Approving Resolution
2. April 22, 1987 Planning Commission Minutes
3. April 8, 1987 Planning Staff Report
4. Large Plans
CITY OF PLYMOUTH ,
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
APPROVING SITE PLAN FOR ERIN PROPERTIES (87024)
WHEREAS, Erin Properties has requested approval of a Site Plan to construct a 249130
sq. ft. office/warehouse west of Highway 55, south of 16th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Erin Properties for a
Site Plan to construct a 249130 sq. ft. office/ warehouse located west of Highway 55,
south of 16th Avenue North, subject to the following conditions:
1. Compliance with City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of Building Permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement for
completion of site improvements.
4. Any signage shall be in compliance with the Ordinance.
5. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
7. All waste and waste containers shall be stored within the enclosure and no outside
storage is permitted.
8. An 8 112 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to
the release or reduction of any site improvement bonds per City Policy.
The motion for adoption of the foregoing Resolution was duly seconded by _
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
Page 85
Planning Commission Minutes
April 22, '1987
the building conforms to the Building Code requirements.
COMMissioner Wire asked about the color of the buildinq;
Mr. Rovick stated it would be dark brown.
Chairman Steigerwald opened and closed the Public ring,
as there was no one present to speak on this i
MOTION by Commissioner Stulberg, se ded by Commissioner MOTION TO APPROVE
Wire to re:
te
end approval for the Lot Consolidation/
Division, SiPlan and Cond" zonal Use Permit for Edina
Realty, Inc.bject to t conditions listed in the April
9, 1987 stafport.
Roll Call 5 Ayes, Commissioner Zylla abstained. VOTE - MOTION CARRIED
MOTION carni
Commissioner Zylla stated his reason for abstention was his
knowledge of discussions between this petitioner and
Mortenson Companies.
NEW BUSINESS
Chairman Steigerwald introduced the request by Erin Proper- ERIN PROPERTIES
ties to construct an office/warehouse. Reading of the April SITE PLAN (87024)
87 1987 staff report was waived.
Chairman Steigerwald requested Commissioner Zylla explain
his reasons for removing this item from the Consent Agenda.
Commissioner Zylla stated the plans call for various types
of block. Mr. James O'Brien, Erin Properties, stated that
two types of decorative block would be used, rockface and
scored. Commissioner Zylla inquired if it would be painted;
Mr. O'Brien stated all materials would be painted. Commis-
sioner Zylla inquired if the ridges would be painted. Mr.
O'Brien answered yes, two-tone gray would be used. Commis-
sioner Zylla inquired if the materials surrounding the
building would be pre -cast; Mr. O'Brien answered no. Com-
missioner Zylla stated his concern regarding the construc-
tion of a block building in an area where other buildings
are constructed of higher quality materials.
Mr. O'Brien stated he understood his building met City Ord-
inance requirements and he did not intend:p build something
the City would find objectionable.
Further discussion ensued about building materials; and,
Commissioner Zylla's concern about architectural features
and compatability of structures in the non-residential zon-
ing districts.
Chairman Steigerwald apologized to the applicant for involv-
ing this petition in a Commission discussion which has not
evolved into any specific code requirements. He called for
a Motion.
Page 86
Planning Commission Minutes
April 22, 1987
MOTION by Commissioner Zylla, seconded by Commissioner Pauba MOTION TO APPROVE
to recommend approval for the Site Plan for Erin Properties
to construct an office/ warehouse, subject to the conditions
as listed in the April 8, 1987 staff report.
Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED
Discussion ensued regarding architectural and aesthetic
considerations of development, and Zoning Ordinance regula-
tions. It was Commissioner Zylla's opinion that architect-
ural controls should be considered for commercial areas.
Chairman Steigerwaid suggested that Commissioner Zylla
present his case to staff for consideration as possible
amendments to the present ordinance regulations; however,
until such time that these changes would be proposed, the
Commission should not its time and the applicant's time to
discuss them.
Director Tremere explained the intent of the Ordinance and
read from Section 8. He suggested that, before City staff
begins to research the subject, the Commission and Council
should meet in a study session to define standards that will
provide developers with definitive guidelines. Staff will
enforce those regulations the Commission and Council adopt;
however, at this time the Ordinance and Code do not require,
nor do they define specific architectural controls.
Commissioner Wire stated Commissioner Zylla has made some
good points and this should be an item for a joint Commis-
sion/Council study session.
Commissioner Zylla explained he would not recommend stand-
ards that will be extreme, and the requirement for compati-
bility of structures is addressed in the Zoning Ordinance,
as well as the items noted by Director Tremere.
Commissioner Mellen expressed concern regarding any regula-
tion of aesthetics by individuals, each of whom has dif-
ferent ideas about "good taste", and this could lead to
major re -design problems for builders and developers.
Commissioner Wire stated the City could provide ground rules
that will assure better quality buildings.
Director Tremere stated that Ordinance language could be
drafted, but the Council should give direction to that.
MOTION by Commissioner Wire, seconded by Commissioner Zylla MOTION
to place this subject on a joint meeting agenda.
Vote. 2 Ayes. Chairman Steigerwald, Commissioners VOTE - MOTION FAILED
Stulberg, Mellen and Pauba, Nay. MOTION failed.
a
3
REPORT DATE:
FILE NO.:
PETITIONER:
REQUEST:
CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT TO PLANNVING COMMISSION
April 8, 1987
87024
Erin Properties
Site Pian
qz S/
of
METING DATE: April 22, 1987
LOCATION: West of Highway 55, south of 16th Avenue
GUIDE PLAN CLASS: IP (planned industrial) ZONING: I-1 (planned industrial)
BACKGROUND:
The petitioner requests approval of a Site Plan for the construction of a 24,130 sq.
ft. office/warehouse building. Approximately 25 percent of the building is devoted to
office functions with the remaining 75 percent devoted to warehouse functions. No
formal development plans have been previously considered on this parcel.
The area has experienced several new developments recently.
ANALYSIS:
1. The Site Plan complies with the ordinance provisions and requirements relating to
building setbacks; number of parking spaces (44 vs. 39) and design of the parking
lot; proof -of -parking requirements (69 vs. 69); lot coverage by structure (20.9
percent); rooftop equipment (to be painted to match the building); landscaping;
trash receptacles; and illumination provisions. The requirements of the Fire Code
are complied with.
2. Park dedication requirements include provisions for a trail easement along the
south side of the lot. The trail would be constructed by the City at a future
date. Park dedication fees will therefore be cash fees in -lieu -of land dedication.
3. The Physical Constraints Analysis identifies that this property is located in the
Bassett Creek Drainage District. It does not contain any wetlands and has no major
woodlands but does have some severe slopes. The soils appear suitable for urban
compatibility with public sewers.
FLAN+IING STAFF CONMNENTS :
The proposed Site Plan responds to the ordinance provisions and complies with the
minimum development standards.
RECOMMENDATION:
Staff recommends approval subject to those conditions reflected in the draft
recommendation.
Attachments:
1. ecommendation 3. Engineer's Memorandum
2. Location map 4. Large Plans
RECOMMENDED CONDITIONS FOR APRIL 229 1987 PLANNING COMMISSION MEETING FOR ERIN
41
PROPERTIES (87024 )
APPROVING SITE PLAN FOR ERIN PROPERTIES (87024)
1. Compliance with City Engineer's Memorandum.
2. Payment of park dedication fees -in -lieu of dedication in accordance with the
Dedication Policy in effect at the time of Building Permit issuance.
3. Submission of required financial guarantee and Site Performance Agreement for
completion of site improvements.
4. Any signage shall be in compliance with the Ordinance.
5. Any subsequent phases or expansions are subject to required reviews and approv-
als per Ordinance provisions.
6. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
7. All waste and waste containers shall be stored within the enclosure and no outside
storage is permitted.
8. An 8 112 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to
the release or reduction of any site improvement bonds per City Policy.
res/april(erin)1
5
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City of Plymouth
ENGINrEER' S MEMO
to
Planning Commission & City Council
DATE: April 16, 1987
FILE NO.:' 87024
PETITIONER: Hr. John Rossi - 16th Avenue Properties - 2525 Nevada Avenue North -
Suite 302 - Minneapolis, Minnesota 55427
SITE PLAN: Erin Properties Building
LOCATION: South of 16th Avenue West of Highway 55 in the
Southeast 1/4 of Section 27
ASSESSHM RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed use.
3. X SAC and REC charges will be payable at the time building permits are
issued.
4. Area assessments estimated -
Area charges are subject to change periodically as they are reviewed
annually on January 1. The rate assessed would be that in effect at the
time ofSitePlan approval: Pone.
5. Other additional assessments estimated: None.
I.SGAL/$ASffi RTS /PERMITS
6. X Property is one parcel -
The approval of the site plan as proposed requires that a lot consolida-
tion be approved by the City Council and the necessary resolution should
be processed at the same time as the site plan approval.
NIA Yes No
7, X Complies with standard utility/drainage easements -
The current City ordinance requires utility_ and drainage easements ten
feet (10') in width adjoining all streets and six feet (b') in width
adjoining side and rear lot lines. (If easements are required it is
necessary for the owner to submit separate easement documents executed
and in recordable form prior to the issuance of any building permits.)
8. X Complies with ponding requirements -
The City will require the dedication of drainage easements for ponding
purposes on all property lying below the established 100 year high water
elevation and conformance with the City's comprehensive storm water
requirements.
9. X All standard utility easements required for construction are provided -
The following easements will be required for construction of utilities.
10. X All existing unnecessary easements and rights-of-way have been vacated -
It will be necessary to vacate the obsolete easements/right-of-way to
facilitate the development. It should be noted that this vacation is not
an automatic process in conjunction with the platting process. It is
entirely dependent upon the City receiving a petition for the vacation
from the property owner; therefore, it is their responsibility to submit
a petition as well as legal descriptions of easements proposed to be
vacated.
11. X The Owner's Duplicate Certificate of Title has been submitted to the City
with this application -
It will be necessary for the property owner to provide the City Attorney
with the Owner's Duplicate Certificate of Title in order that he may file
the required easements referred to above.
2-
UTILITIES AND TRAFFIC:
N/A Yes No
12. X
13. X
All necessary permits for this project have been obtained -
The following permits must be obtained by the developer:
DNR
Mn DOT
Hennepin County
MPCA
State Health Department
Complies with Storm Drainage Plan -
Bassett Creek
Minnehaha Creek
Elm Creek
Shingle Creek
Army Corps of Engineers
X Other Minneapolis Industrial
Railwav, if anv work is to
be done in their right-of-
way.
The site plan will be submitted to the Citv's consulting engineer for
review to see if it is in conformance with the City's Comprehensive Storm
Drainage Plan. All of their recommendations shall be incorporated in a
revised plan. The grading and drainage plan shall also indicate proposed
methods of erosion control, including the placement of silt fence in
strategic locations. Additionally, the following revisions will be
necessary:
14. X Necessary fire hydrants provided -
The City of Plymouth requires that all parts of a building such as the
one proposed be within 300 feet of a fire hydrant. It will be necessary
to locate hydrants in such a manner that the site plan complies with this
section of the Citv Ordinance.
15. X Size and type of material proposed in utility systems has been provided -
The utility plan shall be revised to indicate the size and type of
material required in the proposed sanitary sewer, watermain services and
storm sewer.
16. X Post indicator valve - fire department connection -
It will be necessary to locate the post indicator valve in such a manner
that it will not render any of the existing fire hydrants inoperable.
3-
I
N/A Yes No
17. X Hydrant valves provided
All new fire hydrants shall be valved with b" gate valves per City
Engineering Guidelines Detail Plate No. W-2. This plate should be
referenced on the site plan.
18. X Fire lane provided -
It will be necessary to construct a fire lane surrounding the building
that can be utilized for fire protection purposes. The fire lane shall
be constructed to current City Standards.
19. X Sanitary sewer cleanouts provided -
It will be necessary to provide cleanouts on the proposed internal
sanitary sewer systemata maximum of 100 foot intervals.
20. X - Acceleration/deceleration lanes provided -
Acceleration/deceleration lanes are required at the intersection of
and
21. X All existing street right-of-ways are required width -
Additional right-of-way will be required on
22. X Complies with site drainage requirements -
The City will not permit drainage onto a City street from a private
parking lot; therefore, the site plan shall be revised accordingly.
4-
N/A Yes No
23. X Curb and gutter provided -
The City requires B-612 concrete curb and gutter at all entrances and
where drainage must be controlled, Curb Stone may be used where it is not
necessary to control drainage. For traffic control either B-612 or curb
stone is required around the bituminous surfaced parking lot. The site
plan shall be revised to indicate compliance with this requirement.
24. X Complies with parking lot standards -
The City_ will require that all traveled areas within the parking lot, as
well as the proposed entrances, shall be constructed to a 7 -ton standard
City design with six inches of Class 5 100% crushed limestone and three
inches of 2341 wear or five and one-half inches of 2331 base and two
inches of 2341 wear. All parking areas may be constructed to a standard
5 -ton design consisting of four inches of Class 5 100% crushed base and
two inch bituminous mat. The site plan shall be revised to indicate
compliance with these requirements.
STAFDASDS:
N/A Yes leo
25. X It will be necessary to contact Bob Fasching, the City's utility foreman,
24 hours in advance of making any proposed utility connections to the
Citv's sanitary sewer and water systems. The developer shall also be
responsible for contacting Jim Kolstad of the Public Works Department for
an excavating permit prior to any digging within the City's right -of -wavy.
All connections to the water system shall be via wet tap. _
26, X The City_ will require reproducible mylar prints of sanitary sewer, water
service and storm sewer as-builts for the site prior to occupancy permits
being granted.
27. X The site plan complies with the City of Plymouth's Engineering Standards
Manual dated 1985. See Items 7, 11, 12, and 15.
5-
SPECIAL CONDITIONS REQUIRED:
28. A. The watermain connection to the existing 12" main shall be wet -tapped.
B. Note 1 on the Utility Plan shall show domestic water lines as DIP, not copper.
Submitted by:
SPECIAL CONDITIONS REQUIRED:
28. A. The watermain connection to the existing 12" main shall be wet -tapped.
B. Note 1 on the Utility Plan shall show domestic water lines as DIP, not copper.
C. All storm sewer shall be RCP
D. A 30 foot trail easement shall be provided along the South side of the property.
E. The Developer shall grade and seed the trail.
Submitted by:
Q3'•
9C
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 28, 1986 for City Council Meeting May 4, 1987
TO: James G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
LOT DIVISION FOR ERWIN STOBBE FOR "HIDDEN LAKE" (87012)
SUMMARY: The attached Resolutions approve a Lot Division for a platted lot
within the "Hidden Lake" Subdivision, at 1115 Goldenrod Lane;
and, set conditions to be met prior to filing the Lot Division with Hennepin County.
The division results in two parcels, both of which exceed the minimum design
requirements for the R -1A Zoning District. One of the lots is created for the existing
structure, and the second lot would be sold for development. The City Code allows the
division of platted lots by metes and bounds description when all zoning district
standards are satisfied.
1. Resolution Approving Lot Division
2. Resolution Setting Conditions
3. Location Map
4. Proposed Division
5. Engineer's Memorandum
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 . The
following members were present: _
The
following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
APPROVING LOT DIVISION FOR ERWIN STOBBE FOR PROPERTY AT 1115 GOLDENROD LANE (87012)
WHEREAS, Erwin Stobbe has requested approval of a Lot Division for property at 1115
Goldenrod Lane;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the following:
EXISTING LEGAL DESCRIPTION
Lot 4, Block 1, HIDDEN LAKE, City of Plymouth, Hennepin County, Minnesota, accord-
ing to the record plat thereof
to be divided as follows:
PARCEL A-.-
ThatThat part of Lot 4, Block 1, HIDDEN LAKE, according to the record plat thereof,
lying south of a line drawn from a point on the west line of said Lot 4, distant
165.00 feet south of the northwest corner thereof to a point on the east line of
said Lot 4 distant 97.97 feet south, as measured along said east line, of the
northeast corner thereof.
PARCEL B:
That part of Lot 4, Block 1, HIDDEN LAKE, according to a record plat thereof,
lying north of a line drawn from a point on the west line of said Lot 4, distant
165.00 feet south of the northwest corner thereof to a point on the east line of
said Lot 4 distant 97.97 feet south, as measured along said east line, of the
northeast corner thereof.
FURTHER, that the City Manager be authorized to make the necessary special assessment
corrections based upon City Policy when the division is approved by Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR ERWIN
STOBBE FOR PROPERTY AT 1115 GOLDENROD LANE (87012)
WHEREAS, the City Council has approved a Lot Division for Erwin Stobbe for property
located at 1115 Goldenrod Lane under Resolution No. ;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does direct the following conditions to be met prior
to filing of and regarding said Lot Division:
1. Compliance with the City Engineer's Memorandum.
2. No yard setback variances are granted or implied,
3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures on sites adjacent to, or containing open storm water drainage
facilities.
4. Payment of park dedication fees -in -lieu of dedication prior to issuance of Build-
ing Permit in accordance with City Policy in effect at the time of filing of the
Division.
5. No Building Permit to be issued until the Lot Division is filed with Hennepin
County.
6. Submittal of all necessary utility easements prior to filing Lot Division with
Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
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City of Plvmouth
E A G I R E E K' S N E X 0
to
Planning Commission & City Council
DATE: April 29, 1987
FILE NO.: 87 012
PETITIONER: Mr. Erwin Stobbe, 315 Pineview Lane, Plymouth, Minnesota 55441
LOT DIVISION/CONSOLIDATION: Lot 4, Block 1, Hidden Lake
LOCATION: East of Highway 55, West of Goldenrod Lane in the Northeast
of Section 35
ASSESSMENT RECORDS:
N/A Yes No
1. X Watermain area assessments have been levied based on proposed use.
2. X Sanitary sewer area assessments have been levied based on proposed use.
3. X SAC and REC charges will be payable at the time building permits are
issued.
4. Additional assessments estimated:
None
Legal/Easements/Perni.ts:
5. X Complies with standard utilitv/drainage easements -
The current City ordinance requires utility and drainage easements ten
feet (10') in width adjoining all streets and six feet W) in width
adjoining side and rear lot lines. (If easements are required, it is
necessary for the owner to submit separate easement documents executed
and in recordable form prior to the issuance of any building permits.)
6. X Complies with ponding requirements -
The City will require the dedication of drainage easements for ponding
purposes on all property lying below the established 100 year high water
elevation and conformance with the City's Comprehensive Storm Drainage
Plan.
An easment for ponding purposes shaZZ be provided to an elevation of
920.00 for the pond over the west portion of the property,
N/A Yes No
X Conforms with City policy regarding minimum basement elevations -
Minimum basement elevations must be established for the fallowing lots:
Minimum basement eZevation - 922.0
8. X All standard utility easements required for construction
The following easements will be required for construction of utilities
9. X All existing unnecessary easements and rights-of-way have been vacated -
It will be necessary to vacate the obsolete easements/right-of-way to
facilitate the development. This vacation is not an automatic process in
conjunction with the platting process. It is entirely dependent upon the
City receiving a petition for the vacation from the property owner;
therefore, it is their responsibility to submit a petition as well as
legal descriptions of easements proposed to be vacated.
10. X The Owner's Duplicate Certificate of Title has been submitted to the City
with this application -
It will be necessary for the property owner to provide the City Attornev
with the Owner's Duplicate Certificate of Title in order that he may file
the required easements referred to above.
11. _...Z._ All existing street rights-of-way are required width -
Additional right-of-way will be required on
None
SPECIAL CONDITIONS BEgUIRED:
12 A. The developer shaZZ be responsible for the construction and the cost of installing
the sanitary sever and water service along with the restoration of GoZdenrod Lane
to City specifications.
Submitted by:
v,..,. - f JA
2-
F
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1986 for City Council Meeting May 4, 1987
TO: James G. Willis, City Manager
FROM: Blair Tremere, Community Development Director
SUBJECT COMPREHENSIVE PLAN AMENDMENT FOR THE STAGED GROWTH ELEMENT IN SECTIONS 3
AND 10 (87014)
SUMMARY: Attached is the Resolution which the City Council has reviewed
regarding this proposed "housekeeping" amendment to the Staged
Growth Element in the Comprehensive Plan. The City Council, at the last meeting,
deferred action on this item pending further discussion at a study meeting. Background
materials for this item have been included with the Council packet for that study
meeting.
A 4/5 vote is required for an amendment to the Comprehensive Plan.
Adoption of this Resolution will amend the Staged Growth Element to coincide with the
already amended Sanitary Sewer Plan for the City in this area.
If the Resolution is not adopted, the Staged Growth Plan will remain in effect over
this area even though the Sewer Plan has been amended based upon the engineering
findings that sanitary sewer can be provided in this area. This means that prior to
any development, not withstanding the degree of compliance with Zoning and subdivision
regulations, a Public Hearing will be required and a 4/5 vote will be necessary to
amend the Staged Growth Plan by "lifting it" from this area.
Attachment
1. Draft 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 , 19 The
following members were present:
The
following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
APPROVAL OF AN AMENDMENT TO THE STAGED GROWTH ELEMENT OF THE CITY'S COMPREHENSIVE PLAN
87014)
WHEREAS, the City of Plymouth requests approval for an Amendment to the Staged Growth
Element of the City's Comprehensive Plan, to recognize the availability of utilities
on property northeast of I-494 and the Soo Line Railroad; and,
WHEREAS, the Planning Commission has reviewed the request at a duly called Public
Informational Hearing; and,
WHEREAS, based on engineering information, it has been determined that the development
of this property could be accomodated if the entire NC -10 District is re -directed to
the BL -2 District;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the request for an Amendment to the
Staged Growth Element of the City of Plymouth Comprehensive Plan, subject to the
following:
1. Compliance with the City Engineer's Memorandum.
2. Staging of the development shall be in accordance with utility availability as
approved by the City Engineer.
3. Approval of the Staged Growth Element is contingent upon, and subject to the
required review and response by the Metropolitan Council.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1987 For Council Meeting of May 4, 1987 ,
James G. Willis City
r
TO: C t_ Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Change Order No. 2
Fernbrook Lane - North of County Road 9
Project No. 544
Kings North Addition - Sanitary Sewer
Project No. 655
Attached to this memo is Change Order No. 2 for Project No. 544, which
adds a sanitary sewer line to serve the Kings North Addition plat.
This line will be constructed from 45th Avenue North to the South line
of the Kings North plat.
I recommend that the Council adopt the attached resolution authorizing
the Mayor and Manager to sign the change order.
r L t4&ev
Sherman L. Goldberg, P.E.
SLG:kh
Attachments: Resolution
Map
Change Order No. 2
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day of
1987. The following members were present:
r
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
APPROVING CHANGE ORDER NO. 2
FERNBROOK LANE STREET IMPROVEMENTS - PROJECT NO. 544
CONSTRUCTION OF SANITARY SEWER TO SERVE KINGS NORTH ADDITION AND
FERNBROOK WOODS ADDITION, PROJECT NO. 655)
WHEREAS, Change Order No. 1 has been prepared providing for the construction of
sanitary sewer to serve Kings North Addition, Project No. 655; and Fernbrook
Woods Addition
WHEREAS, the project consists of the installation of sanitary sewer
construction from 45th Avenue to the South line of Kings North Addition; and
WHEREAS, Change Order No. 2 is recommended for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that Change Order No. 2, Project No. 544 providing for the
installation of sanitary sewer and all necessary appurtenances and street
improvements for Project No. 655 is hereby approved.
Original Contract Amount $6733218.45
Previous Change Orders 70,444.45
THIS CHANGE ORDER NO. 2 - Add 203752.20
REVISED CONTRACT AMOUNT...... $764,415.10
FURTHER, BE IT RESOLVED THAT, this approval is conditioned on the Developer
providing the City with financial guarantee per the Development Contract for
File No. 86068.
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. ,
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CHANGE ORDER
DATE: April 8, 1987
PLACE: Plymouth, Minnesota
PROJECT: Fernbrook Lane FILE NO.: 70221
PROJECT NO: 5442 MSAP 155-164-06
CONTRACTOR: Anderson Bros. Construction Co., Box 265, Osseo, Mn. 55369
CHANGE ORDER NO: 2
DESCRIPTION OF WORK:
This change order provides for sanitary sewer service to the proposed King North
Addition. The following items are to be added to the contract.
Original Contract Amount
Previous Change Orders
THIS CHANGE ORDER NO. 2 - ADD
REVISED CONTRACT AMOUNT........
2171e .
Page 1.
67310218.45
70,444.45
20,752.20
764,415.10
Est'd Total
Change Order Item Unit Price uant_ity Amount
8" PVC Schedule 35 0'-8' dp. in pl. L.F. 9.00 316 2,844.00
8" PVC Schedule 35, 8'-10' dp. in pl. L.F. 9.00 135 1,215.00
8" PVC Schedule 35, 10'-12' dp. in pl. L.F. 11.00 125 12375.00
8" PVC Schedule 35, 12'-14' dp. in pl. L.F. 13.00 25 325.00
Standard MH 4' diam. 8' dp. in pl. Ea. 890.00 3 20670.00
Manhole depth over 8' deep L.F. 51.00 6 306.00
Cut into existing Manhole Ea. 150.00 1 150.00
Mechanical Trench Compaction L.F. 0.20 601 120.20
Closed circuit TV pipe inspection L.F. 2.00 601 1,202.00
Improved pipe foundation per 6" depth
increment in place L.F. 3.00 200 600.00
Siltation/erosion centrol fence Marifi
Envirofence" or approved equal L.F. 3.25 600 1,950.00
Remove b patch existing street
and concrete curb L.S. 2,685.00 L.S. 25685.00
Remove & dispose existing concrete
telephone MH and fill hole and compaction
material in place L.S. 29185.00 L.S. 23185.00
Mobilization L.S. 2,775.00 L.S. 21775.00
Clear 6 Grub Trees 6 Brush L.S. 350.00 L.S. 350.00
Total Change Order No. 2 - ADD..... 202752.20
Original Contract Amount
Previous Change Orders
THIS CHANGE ORDER NO. 2 - ADD
REVISED CONTRACT AMOUNT........
2171e .
Page 1.
67310218.45
70,444.45
20,752.20
764,415.10
CHANGE ORDER - CONT'D
r DATE: April 8, 1487
PLACE: Plymouth, Minnesota
PROJECT: Fernbrook Lane FILE NO.: 70221
PROJECT NO: 5449 MSAP 155-164-06
CONTRACTOR: Anderson Bros. Construction Co., Box 265, Osseo, Mn. 55369
CHANGE ORDER NO: 2
Recommended for Approval by:
BONESTR00, ROSENE, ANDERLIK b
ASSOCIATES INC.
B
Approved by:/-4nderson Bgos.,,,Construction Co.
a
By
Approved by: City of Plymouth, Minnesota
Date:
By Mayor
BY Clerk
Distribution
1 -- city
2 - Contractor
1 - Engineer
2171e
Page 2.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 For Council Meeting of May 4, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Change Order No. 1
City Center Building Humidification System
The Cit_v has under contract the installation of a humidification system
for the Citv Center Building. As part of this installation, there is an
additional boiler being installed which will be connected to the chimney
system within the building. Presently there are two existing boilers and
a hot water heater connected to the chimnev system.
The existing two boilers have fans for blowing the exhaust through the
system. The hot water heater does not presently have a fan. In order to
ensure proper operation of the system, itis recommended by our
mechanical consultant that a fan be installed on the hot water heater.
Since the contractor on the humidification system will be making
modifications to the system, we requested a quotation to install this
fan. The cost is $330.
r
It is recommended that City Council adopt the attached resolution
approving Change Order No. 1 authorizing the installation of the fan for
a cost of $330.
y 1 L --
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 -
APPROVING CHANGE ORDER NO. 1
CITY CENTER BUILDING HUMIDIFICATION SYSTEM IMPROVEMENTS
WHEREAS, Change Order No. 1 has been prepared providing for the following:
Description of Work:
Add draft fan for existing water heater at City Center Building
AND, WHEREAS, Change Order No. 1 for City Center Building Humidification
Improvements is recommended for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that Change Order No. 1 for City Center Building
Humidification Improvements by adding $330.00 is approved.
Original Contract Amount $39,699.00
Previous Change Orders 0.00
THIS CHANGE ORDER NO. 1 - Add 330.00
REVISED CONTRACT AMOUNT...... $409029.00
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
MICHAUD
COOLEY
ERICKSON
Associates,, Inc.
SUITE 1325 625 FOURTH AVENUE SOUTH
April 20, 1987
Mr. Fred Moore
Director of Public Works
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Fred:
Consulting Engineers
MINNEAPOLIS MINNESOTA 55415-1698 TELEPHONE (612)339-4941
Enclosed please find a quote from Doody Mechanical, Inc. to provide an induced
draft fan for the existing water heater at the City Center building.
As I had indicated at my first site visit, I would recommend this additional work
be performed at the same time as the construction of the humidification
system. The quoted fee of $330.00 seems adequate and reasonable for the
materials and labor involved for this task.
If you have any questions regarding this matter or if I can be of any further
assistance, please contact me at your convenience.
Very truly yours,
MICHAUD, COOLEY, ERICKSON
ASSOCIATES,
JCB:pmn
dy
APR 1987cityoof
ez ti 4
PRINCIPALS: ROBERT L. MICHAUD SHERMAN J. COOLEY ROBERT E. ERICKSON DEAN A. RAFFERTY MONTY L. TALBERT, JR.
DOODY
o MECHANICAL, INC.
520 Front Avenue - St. Paul, Minnesota 55117
nC. - -
61214g7•10s1
RECEIVEC)
APR 10 1861
y0110% April 17, 1987
Michaud, Cooley, Erickson Associates, Inc.
625 Fourth Avennue South - Suite 1325
Minneapolis, Minnesota 55415
Attention: John Brady
Re: Plymouth City Hall
Humidification Sys.
Dear Sir&:
As requested, we are submitting our cost to install a induced
draft fan in the vent line of the water heater. Our price
includes labor, material and necessary wiring.
Our price is three hundred thirty dollara(330.00).
If you have any questions, please call me.
TJM/mmk
Respectfully Submitted,
Doody Mechanical Inc.
r
6 •
f
Timot. McCormick
Estimator/Pro3oct Manager
MECHANICAL CONTRACTORS
ti,
32021ZVA
h
APR 1987 Cn. C of pooh ti
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CITY OF P
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1987 For Council Meeting of May 4, 1987
ii
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Petition for Street Lights
Kings North Addition and
Quail Ridge of Plymouth 2nd Addition
We have received petitions for street lighting for the Kings North
Addition and Quail Ridge of Plymouth 2nd Addition.
I recommend that the Council adopt the attached resolutions authorizing
the City Engineer to prepare the Preliminary Engineering Reports for
these projects.
Sherman L. Goldberg, .E.
SLG:kh
Attachments: Resolution
Petition
Maps
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the Cit_v
Council of the City of Plymouth, Minnesota was held on the day
of , 1987.
V
The following members were present:
r
The following members were absent:
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
STREET LIGHTING - KINGS NORTH ADDITION
WHEREAS, a petition has been received from Craig Scherber requesting
installation of ornamental residential street lighting in the Kings North
Addition
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLMOUTH, MINNESOTA:
1. A certain petition requesting the improvement of Kings North
Addition by the installation of residential ornamental street
lighting, filed with the City Council on May 4, 1987 is hereby
declared to be signed by the required percentage of owners of
property affected thereby. This declaration is made in conformance
to Minnesota Statutes Section 429.035.
2. The petition is signed by 100% of the affected property owners and
thev have waived their rights to public improvement and special
assessment hearings.
3. The petition is hereby referred to the City Engineer and he is
instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed
improvement, is feasible and as to whether it should best be made as
proposed or in conjunction with some other improvement and the
estimated cost of the improvement as recommended.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
r
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
0
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.
r
The following members were present:
r
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
STREET LIGHTING - QUAIL RIDGE OF PLYMOUTH 2ND ADDITION
WHEREAS, a petition has been received from Dean Johnson requesting installation
of ornamental residential street lighting in the Quail Ridge of Plymouth 2nd
Addition
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLMOUTH, MINNESOTA:
1. A certain petition requesting the improvement of Quail Ridge of
Plymouth 2nd Addition by the installation of residential ornamental
street lighting, filed with the City Council on May 4, 1987 is
herebv declared to be signed by the required percentage of owners of
property affected thereby. This declaration is made in conformance
to Minnesota Statutes Section 429.035.
2. The petition is signed by 100% of the affected property owners and
they have waived their rights to public improvement and special
assessment hearings.
3. The petition is hereby referred to the City Engineer and he is
instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed
improvement is feasible and as to whether it should best be made as
proposed or in conjunction with some other improvement and the
estimated cost of the improvement as recommended.
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.
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STREET LIGHTI.NG
KINGS NORTH
CITY OF PLYMOUTH
13.8 KV AREA
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1987 For Council Meeting of May 4, 1987
T: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
r
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: "No Parking" Signs on
Union Terrace Lane - North of 36th Avenue
We have received a petition from the residents living on Union Terrace
Lane, North of 36th Avenue relative to the installation of "No Parking"
signs. The residents are being bothered by the students who are
parking their cars on the street, rather than in the parking lot
provided for Robbinsdale/Armstrong High School.
I recommend that the Council adopt the attached resolution authorizing
the installation of "No Parking" signs on both sides of Union Terrace
Lane, North of 36th Avenue.
Sherman L. Goldberg, P.E.
SLG:kh
Attachments: Resolution
Petition
Map
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the Citv of Plymouth, Minnesota was held on the dav_ of
1987. The following members were present:
The following members were absent:
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
APPROVING NO PARKING SIGN INSTALLATION ON
UNION TERRACE LANE NORTH OF 36TH AVENUE
WHEREAS, the Independent School District No. 281 has a student Parking Permit
System for Armstrong-Robbinsdale; and
WHEREAS, this program causes dislocation of some student vehicles from
off-street school parking lots to on -street locations; and
WHEREAS, the residents on certain streets have requested restrictive parking;
and
WHEREAS, the Cit_v desires to minimize on -street parking to enhance pedestrian
safety.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That it hereby authorizes the installation of No Parking
signs reading "No Parking - 8:00 a.m. to 2:00 p.m., School Days" at the
following locations:
On both sides of Union Terrace Lane from 36th Avenue to
36th Place
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.
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3615 -Unlon , T--erra!
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 For Council Meeting of May 4, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Approval of No Parking Signs
Harbor Lane and Empire Lane - Adjacent to
Daybridge Learning Center, Holiday Inn and Perkins
As has been reported, on -street parking is taking place on Harbor Lane
adjacent to the Daybridge Learning Center. Although there is ample
parking within
theirr
parking lot, it is more convenient for some people
to park in the street. Because of the heavy traffic within this area
from the commercial developments (Daybridge Learning Center, Holiday Inn,
Perkins, Bank and Days Inn) it is recommended that parking be prohibited
on the streets in this area.
Attached is a resolution which would prohibit parking on both sides of
Harbor Lane and Empire Lane South of Harbor Lane within this area.
Empire Lane going North from Harbor Lane at the present time is a
dead-end street with no driveway access. Since there is no traffic on
this street at this time, it is not proposed to post this street for no
parking.
Attached is a resolution for Citv_ Council consideration 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
r
1487. The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
APPROVING AUTHORIZING THE PLACEMENT OF
NO PARKING SIGNS ON VARIOUS STREETS
WHEREAS, substantial on street parking has been noted on the various streets;
and
WHEREAS, such parking creates a public nuisance and potential traffic
congestion;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That it should and hereby does authorize the installation
of "NO PARKING" signs on both sides of the following streets:
1. Harbor Lane - Fernbrook Lane to Empire Lane
2. Empire Lane South of Harbor Lane
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.
13 0 pce
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 For Council Meeting of May 4, 1987
TO: .Tames G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Receive Petition to Vacat.e"-Easements
Woodlands Addition - Lot 1, Block 2
Fox Run 2nd Addition
Larch Heights Lagoon 2nd Addition - Lot 7, Block 3
The City Council has received requests for the vacation of the
following Easements:
Woodlands Addition - Lot 1, Block 2
Fox Run 2nd Addition
Larch Heights Lagoon 2nd Addition - Lot 7, Block 3
We recommend the Council adopt the attached resolutions setting public
hearings for June 1, 1987.
n
Sherman L. Goldberg, P.E.
SLG :kh
Attachments: Resolutions
Petitions
Maps
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
r
of , 1987.- The following members were present:
The following members were absent: .
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF
A PORTION OF DRAINAGE AND UTILITY EASEMENT
LOT 1, BLOCK 2, WOODLANDS ADDITION
WHEREAS, pursuant to M.S.A. 412.851, Robert A. Day has petitioned the City
Council for the vacation of the following drainage and utility easement:
The North 3.00 feet of the South 50.00 feet of Lot 1, Block 2,
Woodlands Addition
AND, WHEREAS, the City Council has reviewed said request and found the same to
be in order;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of
June 1, 1987 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400
Plymouth Boulevard, as the time and place for the public hearing of said
petition and directs the administrative staff to publish notice of said hearing
as provided by law.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
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 -
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF
DRAINAGE, UTILITY AND TEMPORARY STREET EASEMENT
FOX RUN 2ND ADDITION
WHEREAS, pursuant to M.S.A. 412.851, Lundgren Brothers Construction, Inc. has
petitioned the City Council for the vacation of the following drainage, utility
and temporary street easement:
A. A perpetual drainage easement for ponding over the land described
in Exhibit A;
B. A temporary easement for street purposes over the land described
in Exhibit B;
C. A temporary easement for street purposes over the land described
in Exhibit C;
AND, WHEREAS, the City Council has reviewed said request and found the same to
be in order;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of
lune 1, 1987 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400
Plymouth Boulevard, as the time and place for the public hearing of said
petition and directs the administrative staff to publish notice of said hearing
As provided by law.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
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 -
ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF
DRAINAGE AND UTILITY EASEMENTS
LOT 7, BLOCK 3, LARCH HEIGHTS LAGOON 2ND ADDITION
WHEREAS, pursuant to M.S.A. 412.851, Craig Scherber has petitioned the Citv
Council for the vacation of the drainage and utility easements for Lot 7, Block
3, Larch Heights Lagoon 2nd Addition according to the plat thereof on file or
of record with Hennepin County; and
FURTHER, that the Council release the lot from the protective covenant for said
plat;
AND, WHEREAS, the City Council has reviewed said request and found the same to
be in order;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of
June 1, 1987 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400
Plymouth Boulevard, as the time and place for the public hearing of said
petition and directs the administrative staff to publish notice of said hearing
as provided by law.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained: .
Whereupon the Resolution was declared duly passed and adopted.
A f12 SEC, f U
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25
MOT A LEGALLY 4fC(IWO MAP. IT
MT, A COMPILATION 4F IWOPUA'ION
A FROM CITV• COL047r" ANC STATE
jl,. sITIES ANO GIHER SNA CE=
ACREAGE
M .'4 k
6969 64139tial]Fi Mi% 4-1"39 r.)-% as! -V
GREGORY D. GUSTAFSON
DANIEL R. TYSON
WILLIAM M. HABICIff
DAVID E. FOUN
JOSEPH J. DEUHS, JR.
Mr. Sherman Goldberg
City Engineer
3400 Plymouth Boulevard
Plymouth, MN 55447
GUSTAFSON & TYSON, P.A.
ATTORNEYS AT LAW
SUITE 411
7400 METRO BOULEVARD
EMA, MiNNWTA 55435
TELEPHONE (612) 835.7277
April 8, 1987
Re: Scherber, Bonine, Scherber (Pine Ridge Subdivision)
Our File No.: DRT-87-4286
Dear Mr. Goldberg:
OF COUNSEL
HARRY GUSTAFSON
It is my understanding that in connection with the replat of Pine
Ridge Subdivision that my clients will be acquiring from the City
of Plymouth, the property known as Lot 7, Block 3, Larch Heights
Lagoon 2nd Addition. I have enclosed for your convenience a copy
of the Title Insurance Company of Minnesota title insurance
commitment H -572254-C Supplemental No. 1 dated February 12, 1987
which shows as parcel no. 2 the above described property.
Please note as it respects that property that Items no. 3 and 4
are shown as encumbrances to title.
In connection with the acquisition of this lot by my clients, the
existing drainage and utility easements as platted within that lot
and the protected covenants will need to be released. My clients
intend to subject the land to additional protective convenants,
and of course there will be utility and drainage easements shown
and dedicated on the recording plat of Pine Ridge.
Please contact me at your earliest convenience regarding the
satisfactions of these objections.
Sincerely yours,
GUSTAFSON & TYSON. P.A.
Daniel R. Tyson
DRT:kah
Enclosure
cc: Craig Scherber
Gary Scherber
Kenny Bonine
H 572254-C
Quarter= thence North 00 degrees 00'00* East 346.77 feet along
said west line to the point of beginning.
Abstract Property.
Ly t j 4 c.7
Parcel 2:
Lot 7 of Block 3 of LARCH HEIGHTS 2ND ADDITION, Hennepin County`
Minnesota.
Being registered land as is evidenced by Certificate of Title
No. 532581.
INFORMATION NOTE: The office of the Registrar of Titles advises
that the Owner's Duplicate Certificate was taken out on October
15, 1976 by owner.
SCHEDULE B
IN ADDITION TO THE STANDARD EXCEPTIONS, CONDITIONS AND STIPULATIONS
ATTACHED HERETO, AND THE CONDITIONS, STIPULATIONS AND EXCLUSIONS FROM
COVERAGE IN THE COMPANY'S USUAL FORM OF POLICY,'THE'LAND REFERRED TO
IS, AS -OF THE EFFECTIVE DATE HEREOF, SUBJECT TO THE FOLLOWING:
NOTE: Taxes for the year 1987 in the amount of $12,832.96, are
paid, (Base tax amount $8,499.56.) (Property Identification No.
11-118-22-22-0023, District No: 40.)
also covers other land.)
Taxes for the year 1987 are exempt.
NOTE: Hennepin County tax records indicate property is
non -homestead for taxes payable in the year 1986.
1. Special assessments ordered from Plymouth. Information to follow
by endorsement.
2. Title of Craig Scherber to be established of record.
Judgment, bankruptcy, state tax lien, and federal lien searches
have been made and show as follows: NONE.
3. Subject to drainage and utility easements as shown on plat.
4. Protective Covenants dated September 23, 1969, filed October 2,
1969 as Document No. 954082.
5. Possible gaps or overlaps to property to the North due to the
variation of legal description shown under Item No. 4 of Schedule
A and the legal descriptions used on Wind Ridge at Bass Lake and
Wind Ridge at Bass Lake 6th Addition. Any instruments recorded
using description contained under Schedule A of this binder will
result in an objection on the final policy.
MINNESOTA
2 TITLE
TIM Form 3131 6/8
CRAVE 6 ASSOCIATES
LAND SUR VEYORS, INC.
17720 Highway 65 N.E.- Hem Lake, Minnesota 5530
434-7646
CERTIFICATE OF SURVEY FOR: Modified Builders
DESCRIBED AS: Lot 1, Block 2, WOODLANDS, according to the recorded
plat thereof, Hennepin County, Minnesota.
1
SCALE., / AIIe# • —10 EE£T.
o DEMOTES 44 /NCH IRON PIP#' S£T.
0 mravrrS f'D&W /NW NAMNMEA T.
SEARAV88 AVOW ARE ASSIAVEO.
Ivore : 31a'y . t -I es are to
Exte° Yeo r faun{ptiah
wa/Is.
W a.Ca}ispit
I HEREBY CERTIFr THAT THIS SURVEY, PLAN,
OR REPORT WAS PREAMED SY A/E 00 ~R
Mr DIRECT SNPERYISIGW AMO THAT / AN A
DULr REGISTERED LAND SCOVEYOR MURDER
rHE LAWS OF TALE STATE OF M MMESOTA.
75
I W rr 41V NO. 7/
Homes By Hanson/Day Inc.
6200 SHJNcrE CREEK PARKWAY
SUITE 465COWL" A.IsoN, Mees. BROOKLYN CENTER; MINN. 55430noulnA. DAY. VICE Mens.
April 27, 1987
City of Plymouth
3400 Plymouth Blvd
Plymouth Mn. 55447
Attention Mr Fred Moore:
RE: Lot 1 BLock 2 Woodlands
10915 45th Ave North Plymouth Mn.
Dear Mr Moore:
TEL.
561-7550-
I am requesting a petition to vacate an easement on the above property.
As per attached print, this easement is 2.65 feet narrowed down to 1.13 feet, on the rear of the property.
Could you please have this on the council meeting scheduled for May 5, 1987, as our buyers Keven Jensen and Beverly Rusch have been approved and are mostanxioustocloseonthisproperty. Thank you for your consideration.
n . 2S
1987
Sinc th f f" r-, { fv
Robert A Day ce President
HOLES BY HANSON DAY INC.
FOX RUN 2ND ADDITION
MAP
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1 suRVEY DIVISION, H.nneptn County. Mlniasots recoee,. v
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6' • arsuent to Chapter BtO, Minnesota Laws of T969, ihls
4', plat hes been approved thls day of r CITY OF
NOT TD SCALE) f9 .
AN
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UTILITY D DRAINAGE6 . NTS ARE SHDh% THUS:
ROIdERT L. WO,C7Dl1NTY SURVEYOR
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G BY:
BEING 6 FEET IN WIDTH, UNLESS OT!•1ERWISE INDICATED, REGISTRAR OF TITLES, Hannepin Oounty, Minnesota
v
a$. AND ADJOINING LOT LINES, AND 10 FEET IN WIDTH AND NIOPERT
ADJO1NIl•G STREET LINES, A5 SHOWN CN THE PLAT. I hereby certify that the plat of FOX RUN 2ND
ADDITION was filed In this office this day I hereb
l of , 19 , it o+clock.M. Oeted t1
9 A T 0 n 1 6IST, IMO. R, t)f1N Ca1RL5ON, REGlSTitAR OF TITLES W1Lf G.
Byr • Deputy
By:_
0
r
LUIIDGR(n
OINCTRUCTIONBROS.
935 EAST W
11
1YZ11
A BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
April 17, 1987
Mr. Sherman L. Goldberg, P.E.
Plymouth City Engineer
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: Vacation of easements within FOX RUN 2ND ADDITION
Dear Sherm:
The STEEPLECHASE 3RD ADDITION and FOX RUN 3RD ADDITION plats have been
recorded, and there now are several vacations which we should attend to.
By a document dated May 9, 1986, Lundgren Bros. granted Plymouth three
easements over portions of FOX RUN 2ND: Two were for temporary
turnarounds on Yuma Lane, and one was for storm drainage ponding. A
photocopy of this document is attached.
The northernmost of the turnaround easements expired with the platting of
FOX RUN 3RD, and we wish to substitute an easement over a portion of
Outlot I, STEEPLECHASE 3RD ADDITION for the other. (See attached
description.) The drainage easement for ponding which we originally
supplied is larger than the one on the FOX RUN 3RD ADDITION plat.
Please commence action to vacate all of these easements, and advise me of
when the public hearing for this purpose will be scheduled.
Many thanks.
Very truly yours,
LUNDGREN BROS. CONSTRUCTION, INC.
Michael A. Pf aum
MAP/md
enclosures
cc: Hugh Maynard
Nc?
p21222
1
APR 1981
N city of P1101
Form No. 30•M—QUIT CLAIM DEED Minnesota Uniform Conveyancinc Thanks (1978)
Corporation or Partnership
I
to Individual (s)
f,
No delinquent taxes and transfer entered; Certificate
of Real Estate Value ( ) filed ( ) not required
Certificate of Real Estate,Value No.
19
by
County Auditor
Deput
STATE DEED TAX DUE HEREON: $ Exempt
Date: _ May 9 , 1986
Miller -Davis Co . Minneapolis
r
Z)
FOR VALUABLE CONSIDERATION, Lundgren Bros Construction, Inc.
la corporate Qn under the laws of
Minnesota , Grantor, hereby conveys and quitclaims to City of P l vT mit h , a
Minnesota municipal corporation , Grantee (s),
real property in Hennepin County, Minnesota, described as follows:
A. A perpetual drainage easement for ponding over the land described in
Exhibit A;
iB. A temporary easement for street purposes over the land described in
Exhibit B, to expire when Yuma Lane as dedicated in the plat of FOX RUN 2ND
1ADDITION is extended northerly by dedication of additional roadway in a
recorded plat or by grant of a recorded roadway easement in favor of the
City of Plymouth; and
C. A temporary easement for street purposes over the land described in
Exhibit C, to expire when Yuma Lane as dedicated in the plat of FOX RUN 2ND
ADDITION is extended southerly by dedication of additional roadway in a
recorded plat or by grant of a recorded roadway easement in favor of the
City of Plymouth;
if more space Is needed, continua on back)
together with all hereditaments and appurtenances belonging thereto.
LUNDGREN BROS. CONSTRUCTION, INC.
lifix Deed Tax 1tanip l lery
By '
Its President .a
By
Its
STATE OF MINNESOTA
Ss.
COUNTY OF HENNEPIN
The foregoing was acknowledged before me this 9th
by Peter Pf laum and
the president and
day of May 119 26 ,
of Lundgren Bros. Construction Inc. ,a corporation
under the laws of Minnesota , on behalf of the corporation
j NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK)
1 GNATUT OF PERSON TAKING ACKNOWLEDGMENT
Nldf 3rAi D. D' 4an Tax Statement@ for the res] property described In this inetrumer t shouldF7_ i:9 h)ntary PubIIC SV11s+1 %idea 1 be sent to (Include name and address of Grantee):
4
f
P
FXHTHIT A
A temporary easement for storm water ponding purposes over and across
that part of Outlot A, FOX RUN 2ND ADDITION, according to the plat
thereof on file or of record in the office of the Registrar of Titles,
described as follows:
Beginning at the southeast corner of said Outlot A; thence
northerly along the east line of said Outlot A, 80.00 feet;
thence westerly to the most easterly corner of Lot 1, Block
1 of said FOX RUN 2ND ADDITION; thence southeasterly along
the southwesterly lines of said Outlot A, to the point of
beginning.
EXHIBIT B
A temporary easement for street right of way purposes over, under and
across that part of Outlot A, FOX RUN 2ND ADDITION., according to the
plat thereof on file or of record in the office of the Registrar of
Titles, which lies within the circumference of a circle having a radius
of 50.00 feet. The center of said circle is a point on the northeasterly
extension of the center line of Yuma Lane as platted in said FOX RUN
2ND ADDITION, distant 43.30 feet northeasterly of the northeasterly end
of said Yuma Lane .
4
EXHTRTT c
A temporary easement for street right of way purposes over, under and
across that part of Lot 1, Block 3, FOX RUN 2ND ADDITION, according totheplatthereofonfileorofrecordintheofficeoftheRegistrarof
Titles, which lies within the circumference of a circle -having a radiusof40.00 feet. The center of said circle is the Intersection of a line15.00 feet northeasterly of and parallel with the northeasterly line of
said Lot 1 and a line 35.00 feet northwesterly of and parallel with the
southeasterly line of said Lot 1 and its easterly extension.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 For Council Meeting of May 4, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT. Amending Assessment Levy No. 9697
Project No. 426
Carlson 3rd Addition and Adjacent Area Improvements
9K
As previously reported (see attached February 23, 1987 memo), we did
reach agreement with the five property owners on Zinnia Lane who appealed
their special assessment. This agreement was reached through arbitration
as established by the District Court.
The City Attorney's office has received the necessary legal documents to
implement the agreement from the attorney for the property owners.
Attached herewith is a copy of the District Court stipulation. In order
to implement the stipulation it will require the City Council to amend
the adopted assessment roll.
Attached herewith is a resolution which is recommended for City Council
adoption which amends the special assessment roll in accordance with the
Court stipulation.
Fred G. Moore, P.E.
FGM:kh
Attachments: Memo
District Court Stipulation
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:
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
REDUCTION OF SPECIAL ASSESSMENTS
LEVY NO. 9697
WHEREAS, pursuant to adoption of Resolution No. 87-272 special assessments were
levied by the City Council for Project No, 426, Area Adjacent to Carlson Center
3rd Addition Street and Utility Improvements; and
WHEREAS, pursuant to a District Court stipulation between the City Attorney and
the property owners on an appeal of the special assessment, an agreement has
been reached for the following parcel; and
WHEREAS, the City of Plymouth has agreed to modify the assessment roll and the
property owners are withdrawing their special assessment appeal;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA
1. That the assessments be reduced in the following amount as they
apply to each parcel here listed:
2. That the revised assessments shall be spread over the remainder of years
and at the interest rate applicable to Levy No, 9697 with the first
installment payable on or before the first Monday in January 1987,
3. That the City is to reimburse to the affected property owners the
difference between the new and old amount of assessment paid for the
1986 installments plus interest on the overpayment at the rate of 9.36%
per year for the period December 12, 1986 to May 12, 1987.
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.
Original Revised
Sec. Twp. R_&. Q. Suffix Amount Reduction Assessment
34 118 22 31 0033 4,677,65 2,611.84 2,065.81
34 118 22 31 0006 51638.24 3,148.21 2,490.03
34 118 22 31 0023 4,176.45 2,331.98 11844.47
34 118 22 31 0034 4,301.76 2,401.95 1,899.81
34 118 22 31 0022 3,758.82 2,101,34 11657.48
2. That the revised assessments shall be spread over the remainder of years
and at the interest rate applicable to Levy No, 9697 with the first
installment payable on or before the first Monday in January 1987,
3. That the City is to reimburse to the affected property owners the
difference between the new and old amount of assessment paid for the
1986 installments plus interest on the overpayment at the rate of 9.36%
per year for the period December 12, 1986 to May 12, 1987.
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.
7 VA
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: February 23, 1987
TO: James G. Willis City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Assessment Appeals
Carlson Center 3rd Addition and Adjacent Area
Project No. 426
In 1985 the City adopted the special assessments for the improvement of
old County Road 15, Zinnia Lane, Berkshire Lane and 5th Avenue in and
adjacent to the Carlson Center 3rd Addition. As a result of the
assessments, nine property owners filed with the District Court their
intent to appeal the special assessment. Four of the property owners
dropped their appeal, but the other five continued to process the appeal
with the court.
Before going into the trial before the District Court Judge, the court
has established a process of arbitration to see if a settlement can be
reached between the parties. Although the arbitration is not binding on
either party, the arbitrator does make a recommendation to the court.
The arbitration hearing was held on all five assessment appeals on
December 12, 1986. The City was represented by Ron Batty of the City
Attorney's Office and myself. All five property owners were represented
by their Attorney, Allen Albrecht.
At the conclusion of the arbitration a proposed agreement was reached
between the City and the property owners. The details of how the
agreement affected each of the five individual assessments was to be
calculated by the attorney for the property owners and sent to the City
Attorney's Office for review. Our Attorneys received the material for
review on February 9.
The total amount of the special assessment against the five property
owners is $22,553. Our agreement reduces the assessment to $9,958, or a
reduction of $12,595. This is a 56% reduction in the assessment. The
reduction applies equally to all of the property owners.
The attorney for the property owners is to prepare the necessary
documents for the District Court. After the documents are received from.
the court we will prepare a revised assessment roll for City Council
adoption.
If there are any questions with regard to the negotiated settlement,
please contact me or Ron Batty.
FGM:kh
LeFevere
Lef ler
KennedN,
O'Brien
Dravvz
A Profc,sional
Issociation
2000 First Bank Place West April 14, 1987
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540 Mr. Fred Moore
Clayton L. LeFevere City of Plymouth
Herbert P. Lefler 3400 Plymouth Blvd.
J. Dennis O'Brien Plymouth, MN 55447JohnE. Drawz
David J. Kennedy
John B. Dean Re: Zinnia Lane Special Assessment Appeals
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere Dear Fred:
Herbert P. Lefler III
James J. Thomson, Jr. Enclosed are three originals of the Stipulation to settle
Thomas R. Galt
Dayle Nolan the five Zinnia Lake appeals. The figures are the ones
Brian F. Rice we agreed upon and I see no reason not to sign the
John G. Kressel Stipulation. I believe the City Manager should be the
Lorraine S. Clugg
James M. Strommen one to sign on behalf of the City. After execution by
Ronald H. Batty the City, please send all of the originals to Mr.
William P. Jordan Albrecht with a request that he obtain the signatures of
Kurt J. Erickson
William R. Skallerud his clients and file the Stipulation with the court.
Rodney D. Anderson
Corrine A. Heine Fred, Mr. Albrecht has inquired regarding when the
David D. Beaudoin
Paul E. Rasmussen reduced assessments will appear on the property owners'
Steven M. Tallen tax statements. Maybe in your transmittal letter you
could make a brief comment regarding that matter.
Sincerely,
Ronald H. Batty
RHB:rsr
Enclosures
r ,.
1987
ly
city Of PlyMMJ;
you
z
G.Ge 8c L
g2o
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Roger B. Benson, et al.,
Appellants,
VS.
City of Plymouth,
Respondent.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
STIPULATION
Court File Nos. AP 85-8593,
AP 85-8585, AP 85-85879
AP 85-8588 and AP 85-8589
WHEREAS, Appellants through their attorney Alan Miles Albrecht
and Respondent through its attorney Ronald H. Batty desire to settle
all matters between them, and
WHEREAS, all parties agree that this Stipulation, given for the
mutual consideration contained herein, shall be a full, final and binding
settlement of all matters between the parties, and;
NOW, THEREFORE, it is hereby agreed as follows:
1.- That the assessments on the following properties shall be
as follows:
Bohnsack Property (P. I. D. No. 34-118-22-31-0033) $2065.81
Bremer Property ,(P. I. D. No. 34-118-22-31-0006) 2490.03
Benson Property (P. I. D. No. 34-118-22-31-0023) 1844.47
Christensen Property (P. I. D. No. 34-118-22-31-0034) 1899.81
Larson Property (P. I. D. No. 34-118-22-31-0022) 1657.48
with interest to be computed from December 12, 1986, the date of this
settlement.
2. That each party hereby agrees to allow any party, with or
without notice, to apply to the Court for its Order and Judgment embodying
this settlement, a copy of such proposed Order and Judgment is attached
hereto and made a part hereof.
This agreement entered into on the 12th day of December, 1986.
Dated:
Dated:
Dated:
Dated:
Dated:
ALBRECHT & ALBRECHT CHARTERED
Alan Miles Albrecht
Attorney Registration No. 887
1415 East Wayzata Boulevard
Wayzata, Minnesota 55391
612) 473-8234
LeFevere, Lefler, Kennedy, O'Brien & Drawz
r
OV 0-w W i -f -
onald H. Batty
Attorney Registration NI 5356
2000 First Bank Place West
Minneapolis, Minnesota 55402
612) 333-0543
APPELLANTS
Dennis Bohnsack
Marion Bohnsack
James Bremer
Barbara Bremer
Roger Benson
Linda Benson
2-
Dated:
William Christensen
Dated:
Dated: By:
Beverly Christensen
Lee Larson
Linda Larson
CITY OF PLYMOUTH
3-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Roger B. Benson, et al.,
Appellants,
vs.
City of Plymouth,
Respondent.
DISTRICT COURT
FOURTH JUDICIAL DISTRICT
ORDER
Court File Nos. AP 85-8593,
AP 85-85859 AP 85-8587,
AP 85-8588 and AP 85-8589
The Court being fully appraised of the matters herein enters
its Order as follows:
ORDER
1. That the assessments on the following properties shall be as
follows:
Bohnsack Property (P. I. D. No. 34-118-22-31-0033) $2065.81
Bremer Property (P. I. D. No. 34-11.8-22-31-0006) 2490.03
Benson Property (P. I. D. No. 34-118-22-31-0023) 1844.47
Christensen Property (P. I. D: -No. 34-118-22-31-0034) 1899.81
Larson Property (P. I. D. No. 34-118-22-31-0022) 1657.48
with interest to be computed from December 12, 1986, the date of settlement.
JUDGMENT
LET JUDGMENT BE ENTERED ACCORDINGLY.
BY THE COURT:
Dated:
Judge of District Court
L
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 29, 1987 for Council Meeting of May 4, 1987
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Bond Reductions
We have received a request from the developer for a bond reduction to
reflect completed work in their development. The City has made
inspections of the work and I recommend that the attached resolutions be
adopted. These developments are:
1. Humphrey Estates Addition (82024)
2. Scherer Industrial Addition (84045)
3. Montgomery 2nd Addition (85007)
4. Steeplechase 2nd Addition (84047)
5. Fox Run 2nd Addition (85066)
6. Lake Park Heights Addition (85089)
7. Oxbow Ridge Addition (81035)
L i6 j -
Sherman L. Goldberg, P.E.
SLG:kh
Attachments: Resolutions
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City_
Council of the City of Plymouth, Minnesota was held on the day
of , 1987. The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
REDUCING DEVELOPMENT BOND
HUMPHREY ESTATES ADDITION (82024)
WHEREAS, in accordance with the development contract dated July 26, 1983
Ecklund-Swedlund Homebuilders, Inc., developer of Humphrey Estates Addition
82024) has agreed to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site
grading as noted below; and
WHEREAS, the developer has requested a reduction of the development bond to
reflect the completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH that the bonding requirements are reduced as follows:
ITEM ORIGINAL AMOUNT NEW AMOUNT
Street Construction $
Sanitary Sewer
Watermain
Storm Sewer
Boulevard and Drainage Swale Sod
Pond or Ditch Construction
Street Signs
Street Sweeping and Storm Sewer Cleaning
Park and Trail Improvements
Maintenance of Erosion and
Sediment Control Plan
Site Grading and Drainage Improvements
Design, Administration, Inspection, As-Builts
TOTAL
0- 0-
0- 0-
0- 0-
0- 0-
43200 23200
0- 0-
450 0-
1,000 800
0- 0-
1,000 15000
20,500 0-
3,258 0-
30,408 $ 49000
That the letter of credit required be reduced from $5,000 to $4,000 to reflect
the completed work.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
r
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
ti
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.
r
The following members were present:
r
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
REDUCING DEVELOPMENT BOND
SCHERER INDUSTRIAL DEVELOPMENT (84045)
WHEREAS, in accordance with the development contract dated March 25, 1985,
Scherer Brothers Lumber Company, developer of Scherer Industrial Development
84045) has agreed to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street and utility
improvements; and
WHEREAS, in accordance with City ordinances the developer provided Letter of
Credit No. 67349 to guarantee the payment of the first two years of special
assessments for street construction and Letter of Credit No. 67348 to guarantee
the payment of the first four years of special assessments for utility
construction; and
WHEREAS, the developer has paid the first two years of special assessments for
each levy; and
WHEREAS, the developer has requested a reduction of the development bond to
reflect the completed payments;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH that the bonding requirements are reduced as follows:
ITEM
Two year payment guarantee for
special assessments for construction
per Levy No. 10052
Four year payment guarantee for
special assessments for utilitv
construction per Levy No. 10053
ORIGINAL AMOUNT NEW AMOUNT
156,037.00 None
252,188.00 $1133,213.20
NOW, THEREFORE, BE IT FURTHER RESOLVED that Letter of Credit No. 67349 in the
amount of $156,037.00 is hereby released and Letter of Credit No. 67348 in the
amount of $252,188.00 is hereby reduced to $113,212.20.
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:
r
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
REDUCING DEVELOPMENT BOND
MONTGOMERY 2ND ADDITION (85007)
WHEREAS, in accordance with the development contract dated May 16, 1985, Betty_
J. Grandstaff and Marquette Bank Minneapolis, N.A., a National Banking
Association, as Trustees of the William G. Grandstaff Revocable Trust Agreement
dated November 16, 1976, and Douglas R. Nelson and Judith M. Nelson, developer
of Montgomery 2nd Addition (85007) has agreed to install certain improvements
for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site
grading as noted below; and
WHEREAS, the developer has requested a reduction of the development bond to
reflect the completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH that the bonding requirements are reduced as follows:
ITEM ORIGINAL AMOUNT NEW AMOUNT
Street Construction $ 0- 0-
Sanitary Sewer 43420 0-
Watermain 0- 0-
Storm Sewer 29,716 0-
Boulevard and Drainage Swale Sod 1,500 0-
Pond or Ditch Construction 0- 0-
Street Signs 0- 0-
Street Sweeping and Storm Sewer Cleaning 0- 0-
Park and Trail ImprovementA 0- 0-
Site Grading and Drainage Improvements 0- 0-
Maintenance of Erosion and
Sediment Control Plan 0- 0-
Design, Administration, Inspection, As-Builts 43276 0-
TOTAL $ 39,912 0-
That the letter of credit required be reduced from $500 to $0 (zero) to reflect
the completed work, Savings Account No. 70087465 is hereby released.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained: ,
Whereupon the Resolution was declared duly passed and adopted.
G
0
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:
r
The following members were absent:
introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87 -
REDUCING DEVELOPMENT BOND
STEEPLECHASE 2ND ADDITION (84047)
WHEREAS, in accordance with the development contract dated March 13, 1985, Lundgren
Brothers Construction, Inc., developer of Steeplechase 2nd Addition (84047) has
agreed to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site
grading as noted below; and
WHEREAS, the developer has requested a reduction of the development bond to reflect
the completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
that the bonding requirements are reduced as follows:
ITEM ORIGINAL AMOUNT NEW AMOUNT
Project 408 Developer Project 408 Developer
Street Construction $
Sanitary Sewer
Watermain
Storm Sewer
Boulevard & Drainage
Swale Sod
Pond or Ditch Construction
Street Signs
Park and Trail Improvements
Site Grading & Drainage Improvements
Design, Administration,
13,350 492100 132350 99820
0- 49,670 0- 0-
0- 402100 0- 0-
0- 13,250 0- 0-
0- 43000 0- 4,000
0- 0- 0- 0-
0- 450 0- 450
0- 2,000 0- 0-
0- 0- 0- 0-
Inspection, As-Builts -0- 19,028
TOTAL 13,350 $1779598 13,350
1,712
15,982
That the letter of credit required for Project No. 408 remain at $13,350 and the
letter of credit required for developer improvements be reduced from $55,420 to
15,982 to reflect the completed work.
I
Resolution No. 87 -
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per
Section 8.1 of the approved development contract be reduced as follows:
ITEM
Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and Storm
Sewer Cleaning
ORIGINAL AMOUNT NEW AMOUNT
Cash: $ 1,000 $ 1,000
Letter of Credit: $ 22000 $ 400
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.
El
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:
r
The following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
REDUCING DEVELOPMENT BOND
FOX RUN 2ND ADDITION (85066)
WHEREAS, in accordance with the development contract dated August 6, 19859
Lundgren Brothers Construction, Inc., developer of Fox Run 2nd Addition (85066),
has agreed to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site
grading as noted below; and
r
WHEREAS, the developer has requested a reduction of the development bond to
reflect the completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
that the bonding requirements are reduced as follows:
ITEM ORIGINAL AMOUNT
Street Construction
Sanitary Sewer
Watermain
Storm Sewer
Boulevard and Drainage Swale Sod
Pond or Ditch Construction
Street Signs
Site Grading and Drainage Improvements
Park and Trail Improvements
Design, Administration, Inspection, As-Builts
TOTAL
57,000
32,000
30,000
27,000
3,600
0-
150
40,000
0-
22,770
212,520
NEW AMOUNT
12,000
0-
0-
0-
33,600
0-
0-
0-
3,600
0-
150
0-
0-
1 ,890
17,640
That the letter of credit required for the above items be reduced as detailed
above from $212,520 to $17,640 to reflect the completed work.
Resolution No. 86 -
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per
Section 8.1 of the approved development contract be reduced as follows:
ITEM
Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and Storm
Sewer Cleaning Cash:
Letter of Credit:
ORIGINAL AMOUNT
1,000
17,560
NEW AMOUNT
1,000
3,512
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 -
REDUCING DEVELOPMENT BOND
LAKE PARK HEIGHTS ADDITION (85089)
WHEREAS, in accordance with the development contract dated June 6, 1986, Graham
Development Company, developer of Lake Park Heights Addition (85089), has agreed
to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site
grading as noted below; and
WHEREAS, the developer has requested a reduction of the development bond to
reflect the completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
that the bonding requirements are reduced as follows:
ITEM ORIGINAL AMOUNT
Street Construction
Sanitary Sewer
Watermain
Storm Sewer
Boulevard and Drainage Swale Sod
Pond or Ditch Construction
Street Signs
Site Grading and Drainage Improvements
Park and Trail Improvements
Design, Administration, Inspection, As-Builts
TOTAL
59,100
26,563
299801
9,595
3,400
0-
150
50,000
300
21,469
200,378
NEW AMOUNT
10,858
7,509
81424
1,919
3,400
0-
150
10,000
300
5,107
47,667
That the letter of credit required for the above items be reduced as detailed
above from $200,378 to $47,667 to reflect the completed work.
Resolution No. 86 -
Page Two
FURTHER BE IT RESOLVED that the bonding requirements for the following items per
Section 8.1 of the approved development contract be reduced as follows:
ITEM
Maintenance of Erosion and
Sediment Control Plan,
Street Sweeping and Storm
Sewer Cleaning Cash:
Letter of Credit:
ORIGINAL AMOUNT
1,000
14,700
NEW AMOUNT
1,000
14,700
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
r
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:
r
The following members were absent: r
tc'A'4C
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
REDUCING DEVELOPMENT BOND
OXBOW RIDGE ADDITION (81035)
WHEREAS, in accordance with the development contract dated May 17, 1982,
Richard J. Dezeil and Irene T. Dezeil, developer of Oxbow Ridge Addition
81035) has agreed to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site
grading as noted below; and
r
WHEREAS, the developer has requested a reduction of the development bond to
reflect the completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH that the bonding requirements are reduced as follows:
ITEM ORIGINAL AMOUNT NEW AMOUNT
Street Construction $ 0- 0-
Sanitary Sewer 0- 0-
Watermain 0- 0-
Storm Sewer 0- 0-
Boulevard and Drainage Swale Sod 5,200 400
Pond or Ditch Construction 0- 0-
Street Signs 300 0-
Street Sweeping and Storm Sewer Cleaning 1,000 100
Park and Trail Improvements 0- 0-
Site Grading and Drainage Improvements 4,000 0-
Maintenance of Erosion and
Sediment Control Plan 11000 0-
Design, Administration, Inspection, As-Builts 12380 0-
TOTAL $ 122880 500
That the letter of credit required for the above items be reduced as detailed
above from $1,000 to $500 to reflect the completed work.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 299 1987 for Council Meeting of May 4. 1987
TO: James G. Willis - City Manager
FROM: Richard J. Carlquist - Public Safety Director
SUBJECT FIRE STATION III - AUTHORIZATION TO PROCEED AHEAD TO FINAL PHASE
SUMMARY: It has been almost two years now since I started the identification and
needs process for a third fire station. The April 28th Bond Referendum received
an overwhelming support from those voters (6x) who took the time to cast their
vote. The next phase in the Fire Station IJI project consists of final design,
contract documents, bidding, and construction administration. Boarman Architects
Inc. has been the firm that the City Council selected to do the original fire
study and needs analysis, as well as the site selection assistance. When Jack
Boarman originally presented his proposal, it included a provision for referendum
assistance and ultimately work tasks that must be approved by the City Council
prior to proceeding to the subsequent phases. We are now at that next phase,
which requires the City Council to approve and direct Boarman Architects to
proceed ahead with a final design, contract documents, and bidding assistance.
The fees attached to the original agreement between the City of Plymouth and
Boarman Architects provides for compensation to the architect on an hourly basis,
not to exceed a fee equal to 7% of the new project construction cost, and 9-1/2%
of the remodeled project construction cost. This latter figure is with reference
to the remodelling of Fire Station I. Attached is a resolution which is recom-
mended for City Council adoption approving the next phases in the construction of
Fire Station III.
RJC:gs
Attachment
Pursuant to
City Council
CITY OF PLYMOUTH
due call and notice thereof, a
of the City of Plymouth, Minnesota was held on the
19 . The following members were present:
The following members were absent:
its adoption:
meeting of the
day of
introduced the following Resolution and moved
RESOLUTION NO.
FINAL DESIGN. CONTRACT DOCUMENTS. AND BIDDING ASSISTANCE FOR FIRE STATION III
WHEREAS, the Bond Referendum held on April 28th, 1987, favored the construction of a
third fire station and remodelling of Fire Station I; and
WHEREAS, Boarman Architects Inc. has been selected by the City Council to complete
various work tasks associated with Fire Station III and Fire Station I; and
WHEREAS, the City Council has approved and directed the architect as to the subsequent
Phases of this project;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA that Boarman Architects Inc. proceed to develop a final design in plans,
appropriate contract documents, and bidding assistance, for the ultimate selection of
contractor(s) for the construction of Fire Station III and the remodelling of Fire
Station I.
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.
10B
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 For Council Meeting of May 4, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Traffic Needs Analysis
Schmidt Lake Road
Nathan Lane to Zachary Lane
City Project No. 904
At the March 23 City Council meeting the City Council directed that we
receive a proposal from our traffic consultant to undertake a Traffic
Needs Study for Schmidt Lake Road from Nathan Lane to Zachary Lane. This
proposal included the necessary environmental assessment as needed to do
future planning for the construction of Schmidt Lake Road. Attached is
the information submitted to the City Council when they ordered the_
request for a proposal.
Attached herewith is the proposal from our traffic consultant to
undertake the necessary study. The total estimated cost of the study
J
would not exceed $16,500. Because of the environmental concerns within
this area this study_ is necessary in order to determine the proper
alignment for Schmidt Lake Road.
It is my recommendation that the City Council adopt the attached
resolution authorizing the study. Funds from the study would be
allocated from the MSA Fund.
Fred G. Moore, P.E.
FGM: kh
Attachment: Information Material
Resolution
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day of
1987. The following members were present: .
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
AUTHORIZING PREPARATION OF TRAFFIC NEEDS ANALYSIS AND
ENVIRONMENTAL ASSESSMENT WORKSHEET
SCHMIDT LAKE ROAD FROM NATHAN LANE TO ZACHARY LANE
CITY PROJECT NO. 904
WHEREAS, the City has received a proposal from Strgar-Roscoe-Fausch, Inc. dated
April 10, 1987, providing for the preparation of a Traffic Needs Analysis,
Feasibility Study and Environmental Assessment Worksheet for Schmidt Lake Road
from Zachary Lane to Nathan Lane; and
WHEREAS, said study is determined to be required in order to continue planning
for the ultimate construction of said street;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That the proposal submitted by Strgar-Roscoe-Fausch, Inc.
dated April 10, 19873 by the terms of which the firm is to provide engineering
services for the preparation of a Traffic Needs Analysis, Feasibility Study and
Environmental Assessment Worksheet for Schmidt Lake Road from Zachary Lane to
Nathan Lane, be and the same is hereby approved at a cost not to exceed
163500.00;
BE IT FURTHER RESOLVED that a sum not to exceed $16,500.00 be and the same is
hereby appropriated from the M.S.A. Fund to finance this report.
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.
STRGAR-ROSCOE-FAUSCH, INC.
CONSULTING ENGINEERS
TRANSPORTATION CIVIL STRUCTURAL ENGINEERS LAND SURVEYORS
April 10, 1987
Mr. Fred G. Moore, P.E.
Director of Public Works
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Fred:
RE: PROPOSAL FOR ENGINEERING SERVICES
SCHMIDT LAKE ROAD
FROM NATHAN LANE TO ZACHARY LANE
CITY PROJECT NO. 904
w
2
Per your request of March 27, 1987, we are pleased to submit this proposal
for professional engineering services for a Traffic Needs Analysis,
Feasibility Study and Environmental Assessment Worksheet for the above
referenced project.
The scope of our work as we understand it is to first analyze the need for
Schmidt Lake Road from a transportation system standpoint and then to study
the technical feasibility of constructing one or more alignment
alternatives. The traffic study will address the regional need for the
Schmidt Lake connection but will not develop detailed design traffic
volumes for all links in the study area.
The third major task will be to prepare an Environmental Assessment
Worksheet for the selected alignment taking into account the sensitive
environmental and neighborhood issues. The Environmental Study proposed is
scoped to address the EAW and does not include any significant detailed
environmental studies that may be required as a result of the EAW review
process.
A detailed Scope of Services for the project is attached.
We estimate the cost to perform these services would be $16,500.00. We
will not exceed this amount without your approval.
If you have any questions concerning this proposal, please feel free to
call. We are prepared to proceed with this study at your direction.
Very truly yours,
STRGAR-ROSCOE-FAUSCH, INC.
Robert B. Roscoe, P.E.
Senior Vice President
630 Twelve Oaks Center, 15500 Wayzata Blvd., Wayzata MN 55391 (612) 475-0010
PROPOSED SCOPE OF SERVICES
SCHMIDT LAKE ROAD FROM NATHAN LANE TO ZACHARY LANE
TRAFFIC, FEASIBILITY AND ENVIRONMENTAL STUDIES
APRIL 10, 1987
1. Collect and review all available data.
a. Review available traffic data from City and County.
b. Review available existing and future land use data from
City.
C. Review information on other roadway projects which may
affect this study and previous studies or reports which
relate to this study.
2. Perform a Traffic Needs Analysis for Schmidt Lake Road
between Vicksburg Lane and C.S.A.H. 18:
a. Develop study area and review with City staff
recommend C.S.A.H. 10 to C.S.A.H. 9; Vicksburg to
C.S.A.H. 18).
b. Develop corridor level traffic assignments for build
and no build alternatives, including scenarios with and
without new interchange at I-494 (2010 Traffic
Assignment).
C. Identify traffic impacts of each alternative.
9 Travel time and delays
Level of Service at major intersections
d. Determine user cost/benefits associated with each
alternative.
e. Document Traffic Needs Analysis with memorandum report,
review with City staff and finalize.
0
0
PROPOSED SCOPE OF SERVICES PAGE 2
3. Perform Alternative Feasibility study to include:
a. Document alternatives considered.
b. Document and evaluate technical feasibility of each
alternative including the following elements:
Roadway construction
Soils
Drainage
Utility construction
C. Prepare preliminary cost estimates for each
alternative.
d. Prepare memorandum report to document Alternative
Feasibility Study.
4. Perform Environmental Assessment Worksheet (EAW) addressing
each alternative including:
a. Collect available environmental data including:
Wetlands data
Wildlife data
Noise data
Soils data
Floodplain data
Neighborhood data
Air quality data
b. Coordination with affected agencies including:
Minnesota Department of Natural Resources
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
Watershed District
Minnesota Pollution Control Agency
Hennepin County D.O.T.
PROPOSED SCOPE OF SERVICES PAGE 3
C. Perform analyses as necessary to complete EAW
including:
Storm water drainage requirements
Wetlands analysis
Noise impacts analysis
Fish and wildlife impacts
Soil conditions
Land use and neighborhood impacts
Utilities
Air quality
d. Prepare memorandum comparing environmental impacts of
each alignment alternative.
e. Prepare EAW for preferred alignment alternative.
5. Public Involvement
Prepare for and attend one public information meeting to
present findings of traffic, feasibility and environmental
studies.
Aff
kWOW
March 27, 1987
CITY OF
PLYMOUTR
Mr. Bob Roscoe
Strgar-Roscoe-Fausch, Inc.
630 Twelve Oaks Center
15500 Wayzata Boulevard
Wayzata, Minnesota 55391
Subject: Request for Proposal
EAW and Needs Analysis
Schmidt Lake Road from Nathan Lane to Zachary Lane
City Project No. 904
Dear Bob:
Attached herewith is a copy of a report which was submitted to the City
Council on March 23, 1987. I recommended to the City Council that we
undertake the necessary EAW and Needs Analysis to determine the alignment
for Schmidt Lake Road, between Zachary Lane and Nathan Lane. A portion of
this roadway must cross and encroach on a DNR Protected Wetland.
When the City Council was considering the residential development to the
South of Schmidt Lake Road, there was a lot of concern expressed with
regard to this Wetland. Although the residential development did not
encroach into the proposed alignment for Schmidt Lake Road, there will be
the same issues.
I am requesting a Proposal and a Scope of Services from you to prepare the
necessary EAW and Needs Analysis in order to obtain the necessary permits
from the DNR, Corps of Engineers and Shingle Creek Watershed for the
construction of the street.
In your preparation of the proposal I would recommend that you contact Judy
Boudreau at the DNR and arrange a meeting in order that you can have the
full benefit of what their concerns will be, and the items we will need to
address. I would like to be in attendance at this meeting.
If there are any questions with regard to the request for this proposal,
please contact me.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
FGM:kh
Enclosure
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447. TELEPHONE (612) 559-2800
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: March 19, 1987 For Council Meeting of March 23, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Schmidt Lake Road
Nathan Lane to Zachary Lane
City Project No. 904
The City's adopted Thoroughfare Guide Plan indicates the need for a
Minor Arterial" street between County Road 18 and Interstate 494 South
of the Soo Line Railroad. This street has been designated as Schmidt
Lake Road within the Thoroughfare Guide Plan. Portions of the roadway
have been constructed.
One portion of the roadway, which has not been constructed, is that
portion between approximately Nathan Lane on the East and Zachary Lane on
the West. At the present time this portion of Schmidt Lake Road is not
included within our Five Year Capital Improvements Program (CIP).
Centex Homes is considering a development on the property along both
sides of the proposed alignment of Schmidt Lake Road. Although the
entire roadway would not need to be constructed to serve this
development, at least the Westerly portion starting at Zachary Lane would
need to be constructed.
Based upon a petition from Centex Homes, our consulting engineer updated
the Preliminary Engineering Report for this project. Attached is a copy
of that updated estimate indicating that the estimated cost of the
project is approximately $1,500,000.
The Easterly portion of the project must encroach upon a Department of
Natural Resources Protected Wetland. The construction will require a
permit from DNR and the U.S. Corps of Engineers. Also, an Environmental
Assessment Worksheet (EAW) will need to be prepared for the project.
Although the portion of the roadway that would be necessary for the
Centex Homes Development could be constructed without encroaching in the
Wetland, and therefore, not needing a DNR Permit, or an EAW; I would not
recommend that this be approved until we have a firm commitment through
permits for the entire roadway. The first step in obtaining these
necessary permits will be the preparation of the EAW, the Alternate
Alignments Studies, and the Needs Study for this "Minor Arterial" street
Memo: James G. Willis
March 19, 1987
Page Two
in accordance with our Thoroughfare Guide Plan. Since these studies will
involve traffic engineering consideration, it would be my recommendation
that they be undertaken by our traffic consultant, Strgar-Roscoe-Fausch,
Inc.
Because of the proposal by Centex Homes, these studies should be
undertaken at this time. If the City Council concurs with this
recommendation, I will receive a proposal from our traffic consultant for
a Scope of Services and the Cost Estimate to undertake this work.
Fred G. Moore, P.E.
FGM:kh
Attachment: Updated Estimate
io..
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987 For Council Meeting of May 4, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: Request for Deferral of Assessments
18th Avenue
Attached is a request received from Ann Nedoff requesting that the
assessments against their property on 18th Avenue be deferred. Also
attached is a map indicating the property which they own.
In 1982 the City undertook an improvement project to construct 18th
Avenue from Highway 55 to West Medicine Lake Drive. This roadwav was
necessary to provide access for property developing within the area. As
part of the project, it was necessary to acquire right-of-way from the
Nedoff parcel of land.
The City negotiated with Ann Nedoff's brother and reached an agreement on
the acquisition of the necessary right-of-way for 18th Avenue.
The agreement reached was that the Citv would defer the assessments
against this parcel of land for a three year period. The deferral of the
assessments would be without the accumulation of interest. The Citv
levied the assessments for this improvement project in August, 1983, and
therefore, the deferral of the assessment expired on January 1, 1987.
These assessments were placed against the property beginning January 1,
1987.
Presently, this is a vacant parcel of land which they state thev are
trying to sell. For this reason land does not qualify for any of the
deferral exemptions provided by the City's Assessment Policies.
I do not have a valid reason for recommending a further deferral of this
special assessment. I have informed Ann Nedoff that her letter would be
presented to the City Council at the May 4 Council Meeting.
Fred G. Moore, P.E.
FGM:kh
Attachment: Request
Map
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3233 FREMONT AVE SO APT 7
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MADD
oD
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987
TO: Mayor & City Council
FROM: James G. Willis, City Manager
SUBJECT LEGISLATIVE UPDATE - The Rapacious Appetite for Property Expropriation
SUMMARY: The Municipal Legislative Commission (MLC) OperatingCommitteeandBoardofDirectorsheldmeetingsonWednesdayafternoon
to review numerous legislative issues. The majority of the time was
spent discussing the recently passed House Omnibus Tax Bill. TheSenateOmnibusTaxBilliscurrentlybeingworkedonanditis
anticipated that it will be voted upon this coming Monday. If theHousebillweretobecomelaw, property taxpayers throughout theState, and particularly in the metropolitan community, would be faced
with substantially higher property taxes. The MLC will be joiningwithMinneapolis, St. Paul and the Association of Metropolitan
Municipalities in developing a united front to the present House bill
which strongly favors outstate Minnesota.
The MLC meetings on Wednesday spent most of the time discussing the
House Omnibus Tax Bill. This bill, which had been amended since I
reported to the Council last Monday evening, was passed on Wednesday. The "good" news (if there is any), rests in the fact that the levylimitprovisiondoesnoteliminatethegrowthfactorforincreased
Population. That is where the "good" news ends.
The context in which the House has been working on this bill needs to
be understood. The House DFL majority is very substantially weighted
towards rural constituencies. Most of the newcomers come from the
rural communities and many of them defeated IR incumbents. Accord-
ingly, these DFLer's are seeking to obtain various types of relief for
the outstate areas. They are particularly sensitive to the fact that
there has been a substantial drop in agricultural land values over the
past several years, which has shifted the tax burden for local govern-
ment to properties in the cities and towns. They have therefore been
looking for a means by which rural taxpayers can obtain additional tax
relief and the House bill certainly takes major steps in that direc-
tion. At the expense of metropolitan property taxpayers!
The attached table illustrates the impacts of the House Omnibus Tax
Bill on property taxes. Based upon the projections which have been
LEGISLATIVE UPDATE
April 30, 1987
Page two
a
prepared by the House Research Department, this bill will require an
increase of property taxes of $282,887,000 in 1988. This represents
an 11.1% state-wide property tax increase. In 1987, state-wide
property taxes are projected to be $2,545,230,000. Of this sum, 63.2%
comes from the metropolitan area with the balance from the non -
metropolitan portion of the state. Under the new House bill, the
metropolitan community will be expected to pick up 81.1% of the
282,887,000 tax increase. This will result in a metropolitan area -
wide tax increase of 14.3%. The non -metropolitan area property tax
will increase 5.7%. This bill is so onerous, so unfair, that It
cannot become public policy. This legislation is not property tax
reform - nor is it property tax relief. The House majority has
demonstrated its rapacious appetite for property expropriation (RAPE)
of the metropolitan area.
The impacts of this bill on Plymouth taxpayers is devastating. Based
upon the House Research Department's projections, residential
homestead property may witness a 21% increase in property taxes under
the House proposal. Overall, across all classes of property in
Plymouth, the projected increase is 19.6%.
If the legislature needs to shift nearly $283 million of costs under
the property tax system, it would seem more appropriate to do it in
relationship to the existing property valuation throughout the State.
If this were done, the metropolitan communities' share of the
282,887,000 increase would be approximately $178,785,000 or $50
million less than the current proposal.
The major shift in property taxes in this bill comes as a result of
several factors. The chief culprit is the means by which the
foundation aid for local school districts is calculated. The House
bill will require a substantially greater local fiscal effort, which
in the metropolitan community translates into substantially higher
property taxes before any state aid is made available. I do not have
current projections on the magnitude of the reduction in the
foundation aids for our local school districts. A projection on April
21, before an additional $60 million was cut from the school
foundation aid formula, would have required our local school districts
to raise their mill rates between 11.7% and 36.2% to make up for the
impacts of the bill. The bill passed Wednesday just makes it worse.
A secondary change has to do with the change in the property tax
classification of residential homestead property. At the current
time, residential homestead property is taxed on 18% of the first
65,000 of value, and 28% on the valuation in excess of $65,000. The
House legislation would reduce those figures by two percentage points
to 16% and 26% respectively. On the face of it, it would appear that
this would "save" taxpayers money. The contrary is true because the
homestead credit which is currently 54% of the first $65,000 of
valuation is to be lowered to 49%. As a result of these two changes,
LEGISLATIVE UPDATE
April 30, 1987
Page three
local tax levies have to be .in excess of 130 mills to qualify for thefullhomesteadcreditof $700. So what it appears on the surface to
be potentially reasonable is in fact a device to shift property tax
wealth from the metropolitan community to the outstate areas.
The MLC Board of Directors voted to instruct its lobbyist to work
closely with the lobbyist for Minneapolis, St. Paul, and the
Association of Metropolitan Municipalities (AMM) to develop a unifiedfrontinoppositionofthisattackonmetropolitanareapropertytaxpayers. We sympathize with the problems in the agricultural
community outstate. The House bill, however, is not designed to
primarily assist the agricultural community but rather all of the
outstate, particularly the non-agricultural, residential homestead
property owner and small business owner. And at the expense of
similarly situated property owners and taxpayers in the metropolitan
community.
I'll be prepared to discuss other legislative issues with you Monday
evening.
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 30, 1987, for May 4 City Council Meeting
TO: James G. Willis, City Manager
FROM: Eric J. Blank, Director of Parks and Recreation
SUBJECT: AWARD OF BID - REFORESTATION
The 1987 budget contains $27,500 for reforestation. Bidding information
was published in the local papers. Specifications were mailed or delivered
to nine prospective bidders. Bids were received as per State law and
tentatively awarded to the lowest responsible bidder; final approval
lying with Council as per resolution. Recommendation as to award of
bid is as follows:
Bids were received from Margolis Bros. and Noble Nursery, of which Noble
Nursery was low bidder at $20,740. The comparative costs per plant are
directly in line with previous years' prices. Therefore, I recommend the
City Council approve that Noble Nursery be awarded the 1987 Reforestation
Contract.
Eric J. Blank, Director
Parks and Recreation
np
Attachment
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
198 . The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
AWARDING BID FOR 1987 REFORESTATION PROPOSAL
PROJECT NO.
WHEREAS, funds have been budgeted for 1987 budget; and
WHEREAS, in accordance with State Statute bid specifications were prepared and
distributed and bid proposals received and opened on April 21 1987
and
WHEREAS, the following bids were received:
Cc=pany
Margolis Bros.
Noble Nursery
Total Bid
24,167.00
20,740.00
WHEREAS, the rid of Noble Nursery is in conformance with
City specifications for plant materials and is
therefore declared the 'lowest responsible bidder;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: that it should and hereby does accept the proposal in the
amount of $ 20.740 and, further that funds for this purchase are
authorised from 206-206-810.26
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.