HomeMy WebLinkAboutCity Council Packet 01-26-1987CITY OF PLYMOUTH
A G E N D A
SPECIAL COUNCIL MEETING
JANUARY 26, 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. PROCLAMATIONS
A. Vocational Education Week, February 9-14
B. February Heart Month
5. CONSENT AGENDA
6. MINUTES Approval of Minutes of the Special Council
meeting of January 12, 1986
7. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Disbursements for period ending 12/31/86
B. Renewal of on and off -sale intoxicating liquor
licenses for 1987
C. Approval to include a bathhouse in Parkers Lake
Phase II work and further to give direction on the
selection of a building area
D. Approval of revised neighborhood park standards
E. Authorization to execute contract with Brauer and
Associates for master planning of Plymouth Creek
Park
8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Cost/Space estimates for Fire Station III and Fire
Station I remodeling
B. Public and Capital Improvement Project Status
Report including status of New C.R. 9
C. Report on rationale for the 6 ft. sideyard setback
for detached garages
D. Report on status and scope of Risk Management
Program and recommended changes
E. Update on Council Chamber sound system report
F. Insurance claim report
G. Public Safety Department service priorities
H. Quarterly status report on pending civil
litigation
9. ADJOURNMENT
1 / /4 4-13
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 23, 1.
TO: dames G. Willis, City Manager
FROM: Laurie Brandt, Clerk
SUBJECT PROCLAMATIONS - VOCATIONAL EDUCATION WEEK
HEART MONTH
Attached is a letter from Clinton Kasma, Vocational Director for the
Hopkins School District, requesting the City to declare February 9
through 14 as Vocational Education Week. A proclamation is also
attached for Mayor Schneider to read at Monday's meeting.
Mayor Schneider will also be reading a proclamation declaring the month
of February as Heart Month in the City of Plymouth.
Att.
WHEREAS: Cooperative Vocational Education Leadership Clubs of America
Distributive Education (DELA), Office Education (OEA), Vocational
Industrial Education (VICA) and Work Experience Clubs) are national
organizations for young men and women enrolled in Hopkins High
School Cooperative Internship Programs; and
WHEREAS: The goal of Hopkins Vocational Education Cooperative Internship
Programs is to help students with interests in business, marketing,
industrial, office, health or trades fields become happy, mature and
productive citizens; and
WHEREAS: Cooperative Vocational Education Internship Programs emphasize
respect for the dignity of work, high standards in business ethics,
workmanship, confidence, self-esteem, scholarship and safety; and
WHEREAS: Cooperative Vocational Education Leadership Clubs strive to
develop each student's social and leadership abilities as well
as his/her skills;
NOW, THEREFORE, I, VIRGIL SCHNEIDER , Mayor of the City of
PLYMOUTH do hereby proclaim February 9 through February 14,
1987 to be
in Independent School District 270, comprised of the communities of
Hopkins, 1 hxxnetonka, Golden Valley, Eden Prairie, Edina, Plymouth, and
St. Louis Park. We urge all citizens to be aware of the excellent work
done by those engaged in Vocational Education . work that betters the
student and his/her coamrdty, state, nation and world.
IN WITNESS WHEREOF, I have here unto
set my hand to be affixed this twenty
sixth day of January in the year of
our Lord one thousand nine hundred
and eighty seven.
The Honorable Virgil Schneider
Mayor of Plymouth
ADMINISTRATIVE OFFICES
1001 HIGHWAY 7
HOPKINS, MINNESOTA 55343
HOPKINS
SCHOOL CLINTON C. KASMA
DISTRICT Supervisor of
Vocational Programs
January 9, 1987
The Honorable Mayor
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55441
Virgil Schneider
Dear Mayor Schneider:
I am writing to invite you to our Vocational Education Week Open House
Friday, February 13, 1987, at the Hopkins High School. The open house will be
held in the Business Education Department from 9:00 a.m. to 12:00 noon. Hopkins
High School is located just off Cedar Lake Road between Co. Road 18 and Co.
Road 73.
As you can see from the wording of our proclamation, we are extremely proud of
the role we feel we play in helping young people prepare to be productive mem-
bers of our business and industrial community. We ask that you join us in this
celebration by authorizing and endorsing this proclamation for your community.
Please return one copy in the enclosed envelope for display at the open house.
In order to continue offering relevant, comprehensive training opportunities for
our students, we wish to add a greater variety of partnerships that are mutually
beneficial to the business communities you represent. Perhaps the best way to
encourage such partnerships is to communicate with you in our school setting so
you may have an even better understanding of our Cooperative Vocational
Education Internship Programs. Please feel free to join us for coffee and
goodies on Friday, February 13th.
Sincerely,
Clinton C. Kasma
Vocational Director
AN AFFIRMATIVE ACTION EMPLOYER
M I N U T E S
REGULAR COUNCIL MEETING
JANUARY 12, 1987
A regular meeting of the Plymouth City Council was called to or-
der by Mayor Schneider at 7:30 p.m. in the City Council Chambers
of the City Center at 3400 Plymouth Boulevard on January 12,
1987.
PRESENT: Mayor Schneider, Councilmembers Crain, Sisk, and
Vasiliou, Assistant Manager Boyles, Public Works
Director Moore, Planning Director Tremere, Park
Director Blank, City Attorney Thomson, and City Clerk
Brandt
ABSENT: Councilmember Zitur
CONSENT AGENDA
MOTION was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA
Crain, to adopt the consent agenda deleting items 7-B-3 and Item 4
7-C-4.
Motion carried on a Roll Call vote, four ayes.
MINUTES
MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES - REGULAR
Crain, to approve the minutes of the January 5 regular Council MEETING, JANUARY
meeting as submitted. 5, 1987
Item 5*
Motion carried on a Roll Call vote, four ayes.
PUBLIC HEARINGS
Director Moore stated the public hearing is to decide whether or
not to proceed with the project and to discuss the estimated
cost of the project and the City's policy on assessments. The
assessment hearing, however, will be at a later date to discuss
the actual cost to residents. The project involves three dif-
ferent segments. It is necessary to upgrade the streets to
handle the traffic being created in the area.
Tim Phenow, with Strgar-Roscoe -Fausch, Inc. the consultant for
the project, stated one segment, 10th Ave., would be improved to
a 52 ft. 9 ton capacity with a median at S. Shore Drive, the
frontage road along C.R. 18 and Highway 55 will be upgraded to
40 ft. width and a 9 ton capacity, traffic signals will be added
at 13th Ave. and at C.R. 18. Total estimated cost of the pro-
ject is $2,079,711.
PUBLIC HEARING
GROVES OFFICE PARK
PUBLIC IMPROVEMENTS
PROSECT 648
Item 6-A
Special Council Meeting
January 12, 1987
Page 13
Councilmember Vasiliou asked if the County agreed to the instal-
lation of the traffic signals.
Director Moore answered that the amount of traffic warrants sig-
nals. This will not affect the installation at C.R. 6 and
Dunkirk Lane. He added that the estimated assessments were pre-
pared based on the City's assessment policy. This is a very
costly project and a lot of the cost is because of the soil con-
ditions which will require correction. The assessed cost propo-
sed is based on land use and the type of improvement being con-
structed. Oust under $900,000 will be assessed; the City will
pay the remaining costs with Tax Increment Financing. If the
Council decides to approve the project, the cost will be refined
before the assessment hearing and the residents' concerns will
be addressed.
Mayor Schneider explained the deferred assessment policy for
residential properties.
The Mayor opened the public hearing at 7:55 p.m.
Roy O'Donnell, owner of Sun Valley Mobile Home Park, asked about
the configuration of 10th Ave. and the possibility of deferring
the mobile park's assessments.
Director Moore answered that right-of-way acquisition for 10th
Ave. is necessary and will have to be negotiated; the alignment
is as shown in the Thoroughfare Guide Plan.
Discussion followed on the location of the traffic signals,
egress from the mobile home park, and use of the land and its
conformance to the Guide Plan.
Robert Miller, owner of Sun Valley Mobile Home Park, stated this
would cause hardship to them and will mean having to move a num-
ber of families.
Neil Alden, 233 Broadway, Wayzata, representing the Knights of
Columbus, pointed out the economic hardship being put on their
property. If this becomes a reality, they will have to increase
their rents as they cannot absorb the assessments. The improve-
ments are for the benefit of Groves Office Park only. He asked
the Council to look at the basis of this assessment, its hard-
ship, and to consider this when they vote on the project.
Sue Wyatt, 10712 10th Ave., stated the road will be within 15
ft. of her door and she doesn't feel this is fair to single
family dwellings or safe for her children.
Mayor Schneider noted receipt of a letter from Gene Rezac in
opposition to the project.
James Ritzinger, 10800 S. Shore Drive, submitted a letter in
opposition to the project.
t
DNec;lal t-ouncil MeeLing
January 12, 1987
Page 14
Director Moore showed the Thoroughfare Guide Plan and explained
that it was anticipated by the plan that this road would be
needed as the area developed and it is necessary to handle the
traffic. There is a lot of land yet to be developed along 10th
Ave. which will require the upgrading of existing streets as
well.
Mr. Ritzinger asked that costs and benefit go hand in hand when
assessments are considered.
Robert Chapman, 10877 S. Shore Drive, asked why a road couldn't
run north south but east of the mobile home park and connect
with the service road.
Director Moore answered that the level of traffic on the service
road requires that eventually the intersection with S. Shore
Drive north of Highway 55 be closed and relocated to the north.
Pat Ritzinger, 10880 S. Shore Drive, asked why her property was
being assessed as it was north of the improvement.
Director Moore answered that the improvement project will extend
to her property which has never been assessed for a street.
Mr. Miller pointed out that another street will be proposed at
the Planning Commission meeting as part of a shopping center
project.
Director Moore stated the street which will be part of the shop-
ping center project and is already shown on the Thoroughfare
Guide Plan.
The Mayor closed the hearing at 8:42 p.m.
Councilmembers Sisk and Vasiliou stated they don't believe the
Council should be considering this request before seeing the
proposed shopping center plan and the streets being proposed as
part of it.
Director Moore commented that the application before the Plan-
ning Commission is a land use guide plan amendment and is not a
specific development plan. Traffic work was done as a part of
this, based on the existing Thoroughfare Guide Plan.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Vasiliou, to defer the matter until a report is developed show-
ing the land uses and proposed development plans in the imme-
diate area.
Councilmember Crain stated much development has already taken
place and traffic is a serious problem at 13th Ave. and C.R. 18
and the frontage road. Whether 10th Ave. and S. Shore Drive
improvements are necessary, he isn't certain, but he is concern-
ed that the others not be delayed.
5pecia1 council meeLing
January 12, 1987
Page 15
Mayor Schneider suggested splitting the project.
Councilmember Sisk and Vasiliou withdrew their motion.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-34 ORDERING IMPROVEMENT AND
PREPARATION OF PLANS AND SPECIFICATIONS, GROVES OFFICE PARK
AREA, STREET AND UTILITY IMPROVEMENTS, PROSECT NO. 648 with the
following addition: "The improvement pertaining to 13th Ave.
and the frontage road is hereby approved." and "The improvement
pertaining to 10th Avenue is deferred pending a report to the
Council on the impact of development in the vicinity and its im-
pact upon the Thoroughfare Guide Plan and proposed 10th Ave."
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Mayor Schneider, seconded by Councilmember
Vasiliou, that all residents turning in agenda cards be notified
when 10th Ave. will be discussed again and any other residents
who would like to be notified should contact the city.
Motion carried, four ayes.
Mayor Schneider opened the public hearing at 9:10 p.m.
No one chose to speak and the hearing was closed at 9:10 p.m.
RESOLUTION NO. 87-34
ORDERING PLANS
GROVES OFFICE PARK
PUBLIC IMPROVEMENTS
PROSECT 648
Item 6-A
PUBLIC HEARING
UTILITY VACATION
Item 6-B
MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-35
ber Sisk, to adopt RESOLUTION NO. 87-35 AUTHORIZING THE VACATION UTILITY VACATION
OF CERTAIN UTILITY AND DRAINAGE EASEMENTS, LOTS 1 AND 2, BLOCK HARRISON HILLS 2ND
2, HARRISON HILLS 2ND ADDITION. Item 6-B
Motion carried on a Roll Call vote, four ayes.
Mayor Schneider opened the public hearing at 9:11 p.m. PUBLIC HEARING
CRITERION M.P.U.D.
No one chose to speak and the hearing was closed at 9:11 p.m. Item 6-C
MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO. 87-36
member Sisk, to adopt RESOLUTION NO. 87-36 AUTHORIZING THE VACA- UTILITY VACATION
TION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN OUTLOT "B" CRITERION M.P.U.D
CRITERION M.P.U.D. Item 6-C
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Vasiliou, seconded by Council- RESOLUTION NO. 87-37
member Sisk, to adopt RESOLUTION NO. 87-37 DIRECTING THE CITY DIRECTING CITY CLERK
CLERK WITH RESPECT TO THE FILING OF RESOLUTION NO. 87-36, VACA- FILING OF RES. 87-36
TION OF EASEMENT, OUTLOT "B", CRITERION M.P.U.D. Item 6-C
Motion carried on a Roll Call vote, four ayes.
Mayor Schneider opened the public hearing at 9:12 p.m. PUBLIC HEARING
STREET VACATION
No one chose to speak and the Mayor closed the hearing at 9:12 KINGSVIEW LANE
p.m. Item 6-D
Special Council Meeting
January 12, 1987
Page 16
MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-38
ber Vasiliou, to adopt RESOLUTION NO. 87-38 AUTHORIZING THE VA- STREET VACATION
CATION OF CERTAIN STREET RIGHT-OF-WAY KINGSVIEW LANE ADJACENT TO KINGSVIEW LANE
LOTS 11 THROUGH 17, BLOCK 2, SUBURBANDALE ON PARKERS LAKE. Item 6-D
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmem-
ber Vasiliou, to adopt RESOLUTION NO. 87-39 DIRECTING THE CITY
CLERK WITH RESPECT TO THE FILING OF RESOLUTION NO. 87-38 VACA-
TION OF KINGSVIEW LANE.
Motion carried on a Roll Call vote, four ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-40 APPROVING FINAL PLAT AND
DEVELOPMENT CONTRACT FOR COTTONWOOD PLAZA FOR BEGIN CONTRACTING
COMPANY (86085).
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-41 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR COTTONWOOD
PLAZA FOR BEGIN CONTRACTING COMPANY (86085).
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-42 ADOPTING ASSESSMENTS, PRO-
JECT NO. 716, SANITARY SEWER AND WATERMAIN AREA, COTTONWOOD
PLAZA in the amount of $32,381.10.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-43 ADOPTING ASSESSMENTS, PRO-
JECT NO. 717, WATERMAIN LATERAL, COTTONWOOD PLAZA in the amount
of $12,493.32.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-44 AUTHORIZNG RELEASE OF SITE
PERFORMANCE GUARANTEE FOR MINNEAPOLIS AUTO AUCTION (85075).
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-45 AUTHORIZING RELEASE OF SITE
PERFORMANCE GUARANTEE FOR QUALITY HOMES (84018).
Motion carried on a Roll Call vote, four ayes.
RESOLUTION NO. 87-39
DIRECTING CITY CLERK
FILING OF RES. 87-38
STREET VACATION
Item 6-D
RESOLUTION NO. 87-40
FINAL PLAT & DEV.
CONTRACT, COTTONWOOD
PLAZA (86085)
Item 7 -A* -
RESOLUTION NO. 87-41
SETTING CONDITIONS
FINAL PLAT
COTTONWOOD PLAZA
86085)
Item 7 -A* -
RESOLUTION NO. 87-42
ADOPTING ASSESSMENTS
SEWER & WATERMAIN
PROJECT 716
COTTONWOOD PLAZA
Item 7 -A* -
RESOLUTION NO. 87-43
ADOPTING ASSESSMENTS
WATERMAIN LATERAL
PROJECT 717
COTTONWOOD PLAZA
Item 7 -A* -
RESOLUTION NO. 87-44
BOND RELEASE
MINNEAPOLIS AUTO
AUCTION (85075)
Item 7-B-1*
RESOLUTION NO. 87-45
BOND RELEASE
QUALITY HOMES
84018)
Item 7-B-2*
Special Council Meeting
January 12, 1987
Page 17
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-46
Crain, to adopt RESOLUTION NO. 87-46 AUTHORIZING RELEASE OF SITE BOND RELEASE
PERFORMANCE GUARANTEE FOR QUALITY HOMES (84018). QUALITY HOMES
REDUCTION OF
84018)
Motion carried on a Roll Call vote, four ayes. Item 7-B-2*
Robert Bohls, 11245 36th Place, President of Mission Ponds Home- BOND RELEASE
owners Association, asked that the bond release for Lundgren LUNDGREN BROTHERS
Brothers not be approved as they aren't satisfied that the berm A-338)
work has been completed. Item 7-B-3
MOTION was made by Councilmember Sisk, seconded by Councilmember
carried on a Roll Call vote, four ayes.
Vasiliou, to defer the bond release until adequate inspection is
made by staff to confirm Mr. Bohl's concerns. Mr. Bohls is to
was made by Councilmember Sisk, seconded by
be contacted when this is placed on the agenda.
RESOLUTION NO. 87-49
Motion carried, four ayes.
to adopt RESOLUTION NO. 87-49 AUTHORIZING
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-47
Crain, to adopt RESOLUTION NO. 87-47 AUTHORIZING RELEASE OF SITE BOND RELEASE
PERFORMANCE GUARANTEE FOR CATES CONSTRUCTION FOR MID -CO TV CATES CONSTRUCTION
84074). 84074)
Motion
Item 7-B-4*
Motion carried on a Roll Call vote, four ayes.
Item 7-C-2*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-48
Crain, to adopt RESOLUTION NO. 87-48 AUTHORIZNG REDUCTION OF BOND REDUCTION
SITE PERFORMANCE GUARANTEE FOR CONSTRUCTION 70 INC. (L85036) to CONSTRUCTION 70
9,000. 85036)
Item 7-C-1*
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-49
Crain, to adopt RESOLUTION NO. 87-49 AUTHORIZING REDUCTION OF BOND REDUCTION
SITE PERFORMANCE GUARANTEE FOR U -DO CAR WASH (85109) to $2,500. U -DO CAR WASH
85109)
Motion carried on a Roll Call vote, four ayes. Item 7-C-2*
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-50
Crain, to adopt RESOLUTION NO. 87-50 AUTHORIZING REDUCTION OF BOND REDUCTION
SITE PERFORMANCE GUARANTEE FOR REYNOLDS CONSTRUCTION, INC. REYNOLDS CONST.
86101) to $500. (86101)
Motion carried on a Roll Call vote, four ayes.
Item 7-C-3*
Councilmember Vasiliou stated her concern was with the number of
items not yet completed and the amount of money being held.
Director Tremere answered that the amount is derived from the
actual cost estimates of those particular items and the amount
of the reduction reflects the work done.
Special Council Meeting
January 12, 1987
Page 18
MOTION was made by Councilmember Vasiliou, seconded by Council -
member Sisk, to adopt RESOLUTION NO. 87-51 AUTHORIZING REDUCTION
OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION (86014) to
147,800.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Vasiliou, to adopt RESOLUTION NO. 87-52 RECEIVING REPORT AND
CALLING HEARING ON IMPROVEMENT PARKERS WOOD ADDITION, PROJECT
NO. 507 for February 2, 1987 at 7:30 p.m.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-53 APPROVING THE PLACEMENT OF
NO PARKING SIGNS ON 30TH AVENUE NORTH.
Motion carried on a Roll Call vote, four ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-54 RECEIVING REPORT AND ORDER-
ING PROJECT NO. 702, BERG 2ND ADDITION, SANITARY SEWER AND STORM
SEWER.
Motion carried on a Roll Call vote, four ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
Attorney Thomson stated a certain amount of research would be
necessary and asked if the Council wanted him to undertake it.
Mayor Schneider stated not to go ahead at this time as Mr. Hilde
may have dropped his request.
MOTION was made by Mayor Schneider, seconded by Councilmember
Crain, to defer the issue until the meeting of February 2, 1987.
Motion carried, four ayes.
Director Tremere presented overhead graphics showing the differ-
ence between one hour and two hour rated wall construction.
Part of the debate in the 1970's was which construction was
appropriate in townhomes. Today's code requires the two hour
construction, however, when Chelsea Woods was built one hour
walls were acceptable. Also, under the previous code, these
walls were not required to be continued up to the roof of the
building unless the total attic area exceeded 3000 sq. ft.
Ken Plant, 1835 Black Oaks Lane, stated the residents recently
found out their homes may not be as safe as they had thought,
and they all are scared. They feel some corrections need to be
made. He regrets the adversarial nature of the staff's report
and the continuing implication that the data generated may be
used in litigation which may involve the City.
RESOLUTION NO. 87-51
BOND REDUCTION
STUART COROPORATION
86014)
Item 7-C-4
RESOLUTION NO. 87-52
ORDERING HEARING
PARKERS WOOD ADDN.
PROJECT 507
Item 7-D
RESOLUTION NO. 87-53
AUTHORIZING NO
PARKING SIGNS
30TH AVE.
Item 7-E
RESOLUTION NO. 87-54
ORDERING PROJECT
SEWERS, PROJECT 702
BERG 2ND ADDITION
Item 7-F
REQUEST TO ABATE
INTEREST ON SPECIAL
ASSESSMENT
Item 8-A
CHELSEA WOODS
HOMEOWNERS REQUEST
Item 8-B
Special Council Meeting
January 12, 1987
Page 19
Assistant Manager Boyles stated the City's concern with the
safety of the residents' homes. He noted, however, that there
were not a large number of fires of this type in the City, none
in Chelsea previously, that fireplaces are in the top three
causes of fires in the City and throughout the state, and that
this particular fire had a substantial start before the fire de-
partment was called. He outlined the four steps staff could
take to help residents. The proposal does not contemplate staff
inspections of the units.
Councilmember Vasiliou stated she personally takes great offense
with a Council and staff who feels public safety is too expen-
sive. She believes that whatever the cost, the City should un-
dertake what needs to be done.
Councilmember Sisk stated there are a number of older homes in
the City and he would find it difficult to deny any other resi-
dents the same benefit and doesn't feel the City should be in
this business.
Discussion followed on the precedent being set, who would do the
corrective work, and the potential increase in exposure of lia-
bility if the City inspected the buildings.
Councilmember Sisk stated he doesn't believe the City is putting
any obstacles in the residents way at this point.
Mr. Plant stated they are not all that interested in having the
buildings meet the current code. They want to know how unsafe
they are and what their alternatives are for improving safety.
Councilmember Crain stated the key issue is timeliness and he
believes the best way to deal with that is to make it clear that
the Council gives this top priority; this means that staff re-
sources needed at any given time should be devoted to the accom-
plishment of the work progrm outlined in the Assistant Manager's
report.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Sisk, to approve staff's four recommendations as a top pri-
ority for staff.
Motion carried, four ayes.
MOTION was made by Councilmember Vasiliou, seconded by Council -
member Crain, that a weekly report be made to Council on the
status of the matter.
Motion carried, four ayes.
MOTION was made by Mayor
Sisk, to receive the Park
Annual Report for 1986.
Motion carried, four ayes.
Schneider, seconded by Councilmember
and Recreation Advisory Commission's
PRAC ANNUAL REPORT
Item 8-C
Special Council Meeting
January 12, 1987
Page 20
The meeting adjourned at 10:33 p.m.
City Clerk
7ft
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: Friday, January 23, 1987 for the City Council meeting January 26, 1987.
TO: James G. Willis, City Manager
FROM: Dale E. Hahn, Finance Director
SUBJECT Disbursements
I hereby recommend for payment the attached listing of disbursements for the
following funds:
The Bank - Wayzata
General Fund $ 860,220.97
Construction Fund 137,320.20
Utilities Fund 291,419.03
Special Assessment Fund 290,375.25
Metropolitan Bank - Plymouth
Housing & Redevelopment Authority 43,558.94
GRAND TOTAL FOR ALL FUNDS $ 1,622,894.39
Above totals are for the period ending December 31, 1986.
0., d. " & L
Dale E. Hahn
I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOMMEND SAME FOR PAYMENT.
Jam s G. Willis
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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 DISBURSEMENTS FOR THE PERIOD
ENDING DECEMBER 31, 1986.
WHEREAS, a list of disbursements for the period ending December 31, 1986 was
presented to the City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the payment of the list of disbursements of the following funds
is approved:
The Bank - Wayzata
General Fund $ 860,220.97
Construction Fund 137,320.20
Utilities Fund 291,419.03
Special Assessment Fund 290,375.25
Metropolitan Bank - Plymouth
Housing & Redevelopment Authority 43,558.94
GRAND TOTAL FOR ALL FUNDS $ 1,622,894.39
Above totals are for the period ending December 31, 1986.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, reon, the
following voted in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
3
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 23, 1987 for City Council Meeting of January 26, 1987
TO: dames G. Willis, City Manager
FROM: Frank Boyles, Assistant City Managery
SUBJECT LIQUOR LICENSE RENEWALS AND LIABILITY INSURANCE ISSUES
SUMMARY: On January 31 each year, the licenses for on -sale and
off -sale liquor establishments, Wine Licenses, and Sunday Sales
Licenses expire. On February 1, 1987, the City Council's recentlyadoptedliquorordinancetakeseffect. The new ordinance requires
higher levels of liability insurance from licensees than required byStateStatuteorpreviousCityCode. Resolutions are attached which
would approve the On -sale and Off -sale Liquor Licenses, Wine Licenses,
and Sunday Sales Licenses and an ordinance is included which would
revise the levels of liability insurance required for both liquor
licensees and taxi cab companies.
Liquor Licenses
The City Council will be reviewing applications for renewal of On -sale
and Off -sale Liquor Licenses, Wine Licenses, and Sunday Sales Licenses
at its Monday, January 26 meeting. All applicants have been reviewed
by the Police Department and have been recommended for approval.
One liquor store was involved in a sale of liquor to a minor
violation as described in the attached police report. The Public
Safety Department recommends approval because this is a first
violation, the store owners have been cooperative in attempting to
avoid similar problems in the future and if problems develop, the
ordinance provides that the license may be suspended pendinq a public
hearing. Applicants have been advised of the new liability insurance
limits required under the new City Code, i.e. $200,000/$600,000 versus
100,000/$300,000. State Statute still requires the minimum of
100,000/$300,000 limits but gives each municipality the option of
requiring higher amounts.
At least two licensees have expressed concern about the new limits of
liability; one because of pending litigation making the acquisition of
higher liability questionable and the other because of increased
business costs. Insurance carriers typically write policies in the
increments of $50,000/$100,000, $100,000/$300,000, and
250,000/$500,000. To secure $600,000 coverage, the licensee may beforcedtoacquirea $1,000,000 coverage level.
e
LIQUOR LICENSE RENEWALS AND LIABILITY INSURANCE ISSUES
Page Two
Off -sale Liquor licensees and their carriers have also expressed concern
about the increased liability insurance limits in the code because:
1. Limits are incompatible with insurance industry standards; and
2. Insurance premiums for this amount of coverage in effect, double
insurance expenses to the business.
For your information, we have obtained annual policy premium quotations from
St. Paul companies for typical off -sale liability coverage:
Policy Limit: $100,000/$300,000 $250,000/$500,000 $200,000/$1,000,000
Annual Premium: $500 $900 $1,100
Representatives at Matthew Branch Agency indicate that their firm writes
insurance for some 175 on -sale establishments in the metropolitan area.
Their liability is typically written in increments of $50,000/$100,000,
100,000/$300,000, and $250,000/$500,000. They often recommend to clients a
single combined limit $300,000. We have been advised by a least one on -sale
licensee that he estimates premiums would increase from his $9,000 under
current limits to $12,000 for the new liability limit.
The liability insurance limits contained in the new code were increased
because of the recognition that there is a substantial liability exposure
associated with any establishment which serves or sells liquor. The fact
that the City licenses such facilities exposes it to some measure of
potential liability. The State has established municipal limits of
liability exposure at $600,000 and this was the basis for the staff
recommendation to increase insurance limits to this amount. The City's
exposure in the case of liquor establishments involves litigation where
joint and several liability is established. In such cases, the higher
insurance limits required of a licensee may serve to protect the City. The
City Attorney will be prepared at the January 26 meeting to discuss this
issue in further detail.
High insurance premiums for liquor establishments reflect recognition by
insurance companies of the higher than normal exposure to loss which such
coverage can entail. The issue is whether the City Council believes that
City exposure is well enough controlled to justify reduction of insurance
limits. From a staff perspective, the Council may wish to revise ordinance
limits from the current $200,000/$600,000 to $250,000/$500,000. This
revision would be consistent with insurance industry standards, would be
less expensive than the $600,000 limit originally required, and will
minimize loss exposure to the City. An ordinance is attached which would
accomplish this revision.
LIQUOR LICENSE RENEWALS AND LIABILITY INSURANCE ISSUES
Page Three
Taxi Cab Licenses
The Council may recall at the January 5 meeting, Council approved Taxi Cab
Operator and Taxi Cab Company Licenses contingent on the requirement that
licensees supply liability insurance certificates in the amount of $200,000
per person, $500,000 per accident, and $100,000 for property damage. Since
the January 5 Council meeting, we have been advised by taxi operators and
company representatives that they are experiencing a similar problem to that
of the liquor licensees (see letters from Town Taxi and Yellow Cab
attached). Operators have been able to secure a combined $350,000 limit
liability policy from the State Risk Pool but have had difficulty securing
coverage in higher amounts except at substantially higher costs. In
discussions with the City Attorney, the potential for liability through the
licensing of taxi cab operators and taxi companies is somewhat less than
originally anticipated - certainly less than the licensing of establishments
selling or serving liquor. If the Council desires, an ordinance is attached
which would revise the City's liability insurance requirements for taxi cab
companies and operators to a single combined limit of $350,000 rather than
the currently required $200,000/$500,000.
FB:dma
attach.
CITY OF PLYMOUTH
ORDINANCE NO. 87 -
AN ORDINANCE RELATING TO THE SALE, CONSUMPTION
AND DISPLAY OF ALCHOLIC BEVERAGES;
AND THE LICENSING OF TAXI CAB OPERATORS AND COMPANIES
REVISING SECTION 1146 AND SECTION 1206
The City Council of the City of Plymouth ordains:
Section I. Plymouth City Code Chapter XI is amended as follows:
CHAPTER XI
BUSINESS AND TRADE REGULATIONS
SECTION 1146 - TAXI CABS
1146.09. Indemnity Bond or Liability Insurance Required; Amount; Filing.
No license shall be issued or continued in operation unless there is in full
force and effect a liability insurance policy issued by an insurance company
authorized to do business in the State of Minnesota and acceptable to the
City of Plymouth for each vehicle authorized in the amount of 4 MO 000 per--
per.son -for- dsati, aF .bedl-ly, 4quPy,--4SOQ-,A00-per--parson -per -accitterrt -ardr
61GO6y00&---prepep-t,y--damage-$350,000 combined limit for death, bodily injury
and property damage. Such policy must be endorsed to show the City as an
additional insured and the City shall receive advance notice of not less
than 30 days of the cancellation of coverage. Copies of such policy shall
be filed in the office of the City Clerk. (Amended, Ord. No. 85-02, Sec. 1)
Section II. Plymouth City Code Chapter XII, is amended as follows:
CHAPTER XII
SALE, CONSUMPTION AND DISPLAY OF ALCOHOLIC BEVERAGES
SECTION 1206.19, SUBDIVISION 3 - LIABILITY INSURANCE
Subd. 3. Liability Insurance. Prior to the issuance of a liquor license,
the applicant shall file with the City Clerk a liability insurance policy in
the amount of 6x00,999- $250,000 coverage for one person and -$6,6e,8W
500,000 coverage for more than one person, and shall comply with the
provisions of Minnesota, Section 340A.409, Subd. 1 relating to liability
insurance policies. If a liability insurance policy is made subject to all
the conditions of a bond under that section, the policy may be accepted by
the City Council in lieu of the bond required under Subdivision 3 of this
subsection.
Section III. This ordinance effective February 1, 1987.
Mayor
ATTEST
Clerk
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 followinq members were
present:
The following members were absent:
Introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
APPROVING RENEWAL OF OFF -SALE INTOXICATING
LIQUOR LICENSES FOR 1987-1988
WHEREAS, the City is in receipt of applications for renewal of Off -Sale
Intoxicating Liquor Licenses from:
Bass Lake Bottle Shop
11540 C.R. 10
Four Seasons Liquors
4232 Lancaster Lane
Party Mart Liquors
4130 Highway 101
Kenny's Inc.
20 Nathan Lane
Center Liquors
11331 Highway 55
Plymouth Liquors
11000 Highway 55
Colony Liquors
15705 35th Ave.
Gaulrapp's Liquors
3435 C.R. 18
in accordance with Chapter XII, Section 1200, Plymouth City Code; and
WHEREAS, each applicant has been reviewed by the Police Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the Off -Sale Intoxicating Liquor Licenses be approved for the
above for a period from February 1, 1987 through January 31, 1988;
AND FURTHER, BE IT RESOLVED that the licensees who have not provided an
insurance certificate on or before February 15, 1987 shall have their licenses
voided and not effective as of that date.
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 followinq
voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
day of , 19 The following members were
present:
The following members were absent:
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
APPROVING WINE LICENSE RENEWALS
WHEREAS, the City is in receipt of applications for renewal of Wine Licenses
from:
Latuff's Pizzeria
11333 Highway 55
Chin Yuen Restaurant
10820 Highway 55
Marcello's Pizza & Pasta
4112 Lancaster Lane
Tea House Restaurant
80 Nathan Lane
in accordance with Chapter XII, Section 1200, Plymouth City Code; and
WHEREAS, each applicant has been reviewed by the Police Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the Wine Licenses be approved for the above for a period from
February 1, 1987 through January 31, 1988;
AND FURTHER, BE IT RESOLVED that the licensees who have not provided an
insurance certificate on or before February 15, 1987 shall have their licenses
voided and not effective as of that date.
The motion for the adoption of the foregoing Resolution was duly seconded by
following voted in
and upon vote being taken thereon, the
avor there -
voted against or abstained:
The following
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meetinq of the
City Council of the City of Plymouth, Minnesota, was held on the
day of , 19 The followinq members were
present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
APPROVING SUNDAY SALE LIQUOR LICENSE RENEWALS
WHEREAS, the City is in receipt of applications for renewal of Sunday Sale
Liquor Licenses from:
Radisson Inn Plymouth
2705 Annapolis Lane
Holiday Inn Plymouth
3000 Harbor Lane
J. P. Mulligan's
3005 Harbor Lane
in accordance with Chapter XII, Section 1200, Plymouth City Code; and
WHEREAS, each applicant has been reviewed by the Police Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the Sunday Sale Liquor Licenses be approved for the above for a
period from February 1, 1987 through January 31, 1988;
AND FURTHER, BE IT RESOLVED that the licensees who have not provided an
insurance certificate on or before February 15, 1987 shall have their licenses
voided and not effective as of that date.
The motion for the adoption of the foregoing Resolution was duly seconded by
following voted in favor thereof:
and upon vote being taken thereon, the
voted against or abstained:
The following
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMO_..
Pursuant to due call and notice thereof, a meeting of the
City Council of the City of Plymouth, Minnesota, was held on the
day of , 19 The following members were
present:
The following members were absent:
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
APPROVING RENEWAL OF ON -SALE INTOXICATING
LIQUOR LICENSES FOR 1987-1988
WHEREAS, the City is in receipt of applications for renewal of On -Sale
Intoxicating Liquor Licenses from:
Radisson Inn Plymouth
2705 Annapolis Lane
Holiday Inn Plymouth
3000 Harbor Lane
J. P. Mulligan's
3005 Harbor Lane
in accordance with Chapter XII, Section 1200, Plymouth City Code; and
WHEREAS, each applicant has been reviewed by the Police Department;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA, that the On -Sale Intoxicating Liquor Licenses be approved for the
above for a period from February 1, 1987 through January 31, 1988;
AND FURTHER, BE IT RESOLVED that the licensees who have not provided an
insurance certificate on or before February 15, 1987 shall have their licenses
voided and not effective as of that date.
The motion for the adoption of the foregoing Resolution was duly seconded by
following voted in favor thereof:
and upon vote being taken thereon, the
voted against or abstained:
The following
Whereupon the Resolution was declared duly passed and adopted.
DATE: 12/18/86
TO: Lauire Brandt, City Clerk
FROM: Sgt. Rogers, Police Investigations
SUBJ: Administrative Hearing
James Jerome Gaulrapp
DBA Gaulrapp Liquors
3435 County Road 18
Plymouth, MN 55441
Off -Sale Liquor License Violation
VIOLATION SYNOPSIS: In municipal court action on 9/10/86, it
was established that Mr. Thomas Kane, a clerk at Gaulrapp
Liquors, had sold one 12 pack of Michelobe beer to a 17 year
old Plymouth youth on 1/18/86. As the result of a negotiated
plea, Mr. Kane plead guilty to a misdemeanor and paid $150 in
court costs. The sentence would be vacated or dismissed after
one year on the condition that no similar violations were
committed. Mr. Kane had no previous criminal record.
A copy of the aforementioned case is attached for review.
It should also he noted that on 3/22/86, Mr. Kane had con-
fiscated stolen identification from a youth who was attempt-
ing to use for an unlawful purchase at the store. A copy of
that incident is also attached.
ADMINISTRATIVE OPTIONS: Section 1200.19 of the current liquor
ordinance states that the City Council may suspend the afore-
mentioned license for not more than 60 days, or shall revoke
the license upon conviction of a felony.
However, a possible precedence may have been established on
prior non -aggravated, first offense violations. For example:
The council made a probationary disposition on a similar case
regarding Colony Liquors in a December, 1985 case. In that
action, the Council placed the business on a closely monitored
probation period for a year. In the event of an additional
violation, the Council would be in a better position to admin-
ister more appropriate suspension options.
CC: Richard Carlquist, Director of Public
LER
PLYMOUTH POLICE DEPARTMENT
DATE/TIME REPORT MADE
MESS. KEY CONTROL NUMBER OCA CONT, AGENCY NCIC IDENT. CAG
MIN 0, 2 1 7 1, 7 0 1 0 / 1/19/86 0300
DAY:1 S I M I T 1W I T I F I S
LNBR DATE REPORTED RPD TIME RPD T_RP LOCATION GRID NBR (LGN)
PLACE COMMITTED (PLCI
O L NBR "RD SQUAD OR BADGE s (SBN) TIME ASIG. (TAS) TIME ARR. (TAR) TIME CLR. (TCL)
T F3/ / / / 12 11 1 2 1 S 2 1 1 4 5/
LNBR ISNUDC"
F-41 / / /
LNBR ISN UOC
a/=/ I I i I I/
OFFENSE E3 OR INITIAL COMPLAINT
LIQUOR VIOLATION
VICTIM (IF FIRM, NAME. OF FIRM & NAME OF PROP.)
GAULRAPP's LIQUOR
OFFICER ASSIGNED ASSISTED BY
TWADDLE
SIJPR. APPROVED DETECTIVE AS IGNED
a
D.O.B. OCCUPATION
IF VICTIM IS
A PERSON
ERSON REPORTING OFFENSE TO POLICE
FINDINGS, DISPOSITION OR LOSS
DATE & TIME OCCURRED
1/18/86 2125
BUSINESS ADDRESS
3435 Co. Rd. 18
HOME ADDRESS
SCHOOL
IF
JUVENILE
BUSINESS ADDRESS
HOME ADDRESS
HRD Codes
P - Phone
R - Radio
A - Alarm
I - In Person
V Visual
M - Mad
T - Other
CLERK: THOMAS JOSEPH KANE, 4426 78TH LN,, BROOKLYN PARK, 561 0520
EMPLOYED SINCE JUNE 1985
JUVENILE INVOLVED: DOB: 10/16/69
ATTENDS ARMSTRONG HI SCHOOL ELEVENTH GRADE MOTHER: 10 -'
ISSUED CITATION FOR POSSESSION OF ALCOHOL BY MINOR TAG 386 0259633
COMPANION: DOB: 12/7/67
ARMSTRONG HI SCHOOL TWELTH GRADE PARENTS:.'
SEE LUECK'S STATMENT AND PROPERTY INVENTORY
I was northbound on Co. Rd. 18 SerOice Rd. approaching the area of Gaulrapp's
Liquor Store when I observed a vehicle parked just south of the entrance to the
Liquor Store and up close to the building. Between the vehicle and the store I
observed a male party up against the window of the store and looking in. He
appeared to be looking in the area of the cashier. I stopped and watched his
activity and approximately 30 seconds later I observed the male party exit the
store carrying what appeared to be a 12 pack of beer. The party standing outside
greeted him and they both jumped into the vehicle. They appeared somewhat young
to me so I approached the vehicle and asked the party who had exited the Liquor
Store for some identification. He stated he did not have any but that he was
a regular customer at Gaulrapp's Liquor Store. I then had him take a seat in
the rear of the squad and asked the other party for some identif* ti and he
produced a Mn. Picture D.L. which identified himself as Anthonymsand also
that he was only 18 years of age. I asked e in the rear of my squad his
name and he identified himself as Martin I inquired as to how old
he was because I felt he was under the age to purchase and he stated that he was.
UCS DISPOSITION
P - Pending U - Unfounded A - CLRD/Arrest Adult A - Assist/Advised ENTERED CJRS BY:
G-GOA/UTL
C - Exc./CLRD. J - CLRD/Arrest Juv. R - Ref. Otn, Agency O - Other
OF OQr1NQ ARISPFr:Tq --`NITNFSSFS & Ar)DITIONAL DETAIL FO REPORT ON CONTINI.JATION SHEET
BUSH` -SS PHONE
59 462
HOME O E
I TO2s-1 sT,
BADE PAR¢ S NAMES, i
0;
r
USINE ONE
J HOME PHONE
CLERK: THOMAS JOSEPH KANE, 4426 78TH LN,, BROOKLYN PARK, 561 0520
EMPLOYED SINCE JUNE 1985
JUVENILE INVOLVED: DOB: 10/16/69
ATTENDS ARMSTRONG HI SCHOOL ELEVENTH GRADE MOTHER: 10 -'
ISSUED CITATION FOR POSSESSION OF ALCOHOL BY MINOR TAG 386 0259633
COMPANION: DOB: 12/7/67
ARMSTRONG HI SCHOOL TWELTH GRADE PARENTS:.'
SEE LUECK'S STATMENT AND PROPERTY INVENTORY
I was northbound on Co. Rd. 18 SerOice Rd. approaching the area of Gaulrapp's
Liquor Store when I observed a vehicle parked just south of the entrance to the
Liquor Store and up close to the building. Between the vehicle and the store I
observed a male party up against the window of the store and looking in. He
appeared to be looking in the area of the cashier. I stopped and watched his
activity and approximately 30 seconds later I observed the male party exit the
store carrying what appeared to be a 12 pack of beer. The party standing outside
greeted him and they both jumped into the vehicle. They appeared somewhat young
to me so I approached the vehicle and asked the party who had exited the Liquor
Store for some identification. He stated he did not have any but that he was
a regular customer at Gaulrapp's Liquor Store. I then had him take a seat in
the rear of the squad and asked the other party for some identif* ti and he
produced a Mn. Picture D.L. which identified himself as Anthonymsand also
that he was only 18 years of age. I asked e in the rear of my squad his
name and he identified himself as Martin I inquired as to how old
he was because I felt he was under the age to purchase and he stated that he was.
UCS DISPOSITION
P - Pending U - Unfounded A - CLRD/Arrest Adult A - Assist/Advised ENTERED CJRS BY:
G-GOA/UTL
C - Exc./CLRD. J - CLRD/Arrest Juv. R - Ref. Otn, Agency O - Other
OF OQr1NQ ARISPFr:Tq --`NITNFSSFS & Ar)DITIONAL DETAIL FO REPORT ON CONTINI.JATION SHEET
yUTH POLICE DEPT.
INCIDENT
r
SUPPLEMENTARY/CONTINUATION REPORT
TIME OCCURRED
o
PAGE TWO:
if
only seventeen. I asked the cashier in the liquor store had asked him for some
identification when he purchased the beer and he stated no he didn't. I then
asked if he would fill out a statement as to what took place and he stated he
would. We then went inside Gaulrapp's Liquor Store and he identified the clerk
to me. I asked Mr. Kane if he recognized the party with me and he stated "yes
he did, they had just sold him some beer". I informed Mr. Kane that the party
was only 17 you and that he had told me that he was not asked for any identification.
Mr. Kane stated he did not ask him for any I.D. because he thought he had been in
before and made purchases. I advised Mr. Kane he should inform the owner Jim
Gaulrapp of the incident and that we would be following up on it.
Lueck was issued a citation and released and the beer was inventoried and placed
in the Police Property Locker.
TWADDLE
slm
Lv``,
F r
yr Y
Cop LIS
Q
es
I H POLICE DEPT.
INCIDENT
LIQUOR LAW VIOLATIONS
TIM
CITY OF PLYb40UTH
SUSPECT: THCMAS JOSEPH KANE, DOB/7/2/62.
SUSPECT VEHICLE: N/A.
WITNESSES: NONE.
SUPPLEMENTARY/CONTINUATION REPORT
DATE & TIME OCCURRED
1/18/86 2125 hrs.
PROPERTY DISPOSITION: PROPERTY IMPOUNDED WILL BE RETAINED AS EVIDENCE.
INVESTIGATIVE ACTIVITY:
86000650
1/22/86 1135 called Jim Gawlrapp, the store owner. He and suspect will be at the
store at 1600 today.
24
1605 took the attached written statement from the suspect, Thomas Joseph Kane. In
the statement he states that he has seen the minor in the store before but had
present I.D. by him which showed him as lAa a e to buy liquor. I then proceeded
to th esidence and interviewed Martin; He stated that he has
purchas verages in the Gawlrapp's liquor stin the past but whenever he is
asked to show an I.D. he states that he does not have one on him and then leaves.
He states that he has never shown an I.D. in the store before.
At this point there is no further information. This case will be submitted to the City
Attorney's Office for consideration for prosecution for violation of Minnesota Statute
340, Sell of Alcoholic beverage to a minor.
CASE CLEARED BY ARREST.
UTIVA
bleared by Arr fmob)
M. S. 2E
F
A
i"1 Cut lCi r I/ jL
CAB SERVICE 824-4444
MINNEAPOLIS AND SUBURBAN YELLOW CABS
Tell ow raxi`Service`corporation
55 - 5th AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55408
January 23, 1987
Dear Mr. Boyle:
Mayor, Members of the City Council
ADMINISTRATIVE OFFICES 8244000
r
yarhr
4
y-uo
N
I am writing you this letter to try and explain our insurance statis.
We have 100/350,000 single limit liability this policy is being accepted by
every suburban city including Minneapolis and the metropolitan airport. This
is assigned risk and the premiums are very expensive, We are working with
the insurance agencys trying to get a different insurance company and have been
told that they feel that they will be able to put something together in the near
future.
We have been very happy to be able to serve the people in Plymouth and companys
in the pa9t years. We feel that we have provided you with services that make Plymouth a
safer place to drive. One of our services is Friends Keep Friends From Driving
Drunk. We have over 11,000 people who have cards and are able to call a cab
and charge the fare rather than drive when they are intoxicated. We also provide a
service for the disabled and handicaped people called Metro Mobility. We would like
to continue to service Plymouth but we cannot afford to meet your insurance
requirements under the risk plan.
Thank you for letting us serve you and hopefully you may see a way to let us
operate in your city with insurance we have now.
Respectivly Yours
Wayne Joy ,
President
Transportation Management Incorporated
2812 UNI VERSI T Y A VE. S. E.
P.O. BOX 14784
MINNEAPOLIS, MINNESOTA 55414-0784
OFFICE PHONE: 331-1151
January 22, 1987
Frank Boyles
City of Plymouth
3400 Plymouth Blvd.
Plymouth, Mn 55447
Dear Frank,
dba ST. PAUL YELLOW TAXI
ST. PAUL & SUBURBAN
AIRPORT LIMOUSINE SERVICE
W,
As you know we have been experiencing problems obtaining insurance coverage for our
taxicabs. The only company in the United States writing taxicabs in Minnesota
ceased doing so effective December 31, 1986. Since then we have had to go through
the Minnesota Assigned Risk Plan to obtain insurance. Our current premium for 1987
is about twice the amount we paid in 1986. Over the past four years our premiums
have risen 400%.
The coverage we are able to obtain is for $350,000 combined single limit. This
however does not meet the current requirements of the City of Plymouth. If we
were to obtain the coverage you require it would cost from $1500 to $2000 per car
in addition to the premium we are already paying. If we are required to pay in
excess of $6,000 per year per car we would be forced to suspend service. I have
also had reports back to me that we may not be able to obtain the coverage your
city requires.
To the best of my knowledge the City of Plymouth is the only city that requires
coverage over the $350,000 combined single limit which we have. If possible I
would appreciate it if your city would consider lowering your requirements to the
combined single limit of $350,000.
Sincerely
Bo necek, Pres.
JAN 3 Jaz
DRTHERN UNDERWRITERS, INC.
THRESHER SQUARE
700 SO. THIRD ST. SUITE 403
MINNEAPOLIS, MN 55415
06 -
DATE:
SUBJECT:-'
URGENT--,'-"
AS SOON S POSSIBLE
NO REPLY-- NECESSARY
SIGNED: DATE:
RECIPIENT - REPLY AND RETAIN THIS COPY. DETACH AND RETURN PINK COPY TO SENDER.
CITY OF PLYMOUTH -C
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 21, 1987, for January 26 Council Meeting
T0: James G. Willis, City Manager
FROM: Eric J. Blank, Director of Parks and Recreation
SUBJECT: PARKERS LAKE PHASE II - BATH HOUSE
The attached resolution authorizes the Director of Parks and Recreation to
proceed with the selection of a building architect for the purpose of
constructing a bath house at Parkers Lake City Park as part of the 1987 Phase II
Construction.
Background: The Park and Recreation Advisory Commission, having reviewed the
scope of the Phase II project at Parkers Lake Park, has recommended that the
City Council include the construction of a bath house during 1987. The size
and scope of the bath house will be determined by construction estimates supplied
by the building architect to the Commission at a later date. At the time the
City Council selected the firm of Brauer & Associates to design the Phase II
general construction components of Parkers Lake City Park, it was suggested
that the building architect be broken away from the general construction
consulting firm. It is our belief that we will realize a cost savings by
having a direct contract with the architect.
There are no building architects listed on the matrix of consultants as part
of the City's policy dealing with the selection of consultants. I would
recommend that staff be authorized to solicit written proposals from
three to five architectural firms for Council review. Based upon the written
proposals, Council may wish to select one, two, or more firms to be interviewed
as part of this selection process. If Council concurs with this recommendation,
we would attempt to have the written proposals back to the Council at their
February 9 or 23 Council meeting.
J
Eric J. tlank, Director
Parks and Recreation
ds
Attachments
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:
he following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87-
A RESOLUTION AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION
TO PROCEED WITH THE SELECTION OF A BUILDING ARCHITECT
FOR PARKERS LAKE PARK
WHEREAS, the Park and Recreation Advisory Commission has recommended that
the City Council proceed with the construction of a bath house at Parkers
Lake City Park during 1987, and
WHEREAS, the Director of Parks and Recreation concurs with this recommendation,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the Director of Parks and Recreation is authorized
to solicit quotations from building architects for the construction of a
bath house and two picnic shelters at Parkers Lake City Park, and further
that said written quotations will be brought back before the City Council
for review and selection.
The motion for the adoption of the foregoing Resolution was duly seconded
by and upon vote being taken thereon, the
following voted in favor t ereo :
the tollowing voted against or abstained:
Whereupon the Resolution was declared duly passed WO a opte
DATE
TO
FROM
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
January 21, 1987 for January 26 Council Meeting
James G. Willis, City Manager
Eric Blank, Director of Parks and Recreation
7D
SUBJECT: COMPREHENSIVE PARK PLAN - LANGUAGE CHANGES - NEIGHBORHOOD PARK DEFINITION
Summary: The attached resolution approves the language changes for the
definition of neighborhood parks on Page 3 of the Comprehensive Park Plan as
recommended by the Park and Recreation Advisory Commission.
Background: At the City Council's request, the Park and Recreation Advisory
Commission has reviewed and recommended the following revisions to the
definition or standards for neighborhood parks. On the attached page dated
January 13, 1987, in legislative format, are the recommended changes by the
Park and Recreation Advisory Commission. In summary, the changes suggest that
as a minimum, each neighborhood park will have the following items:
informal play area
play apparatus
trails
play court
park benches
signage
plant materials
waste receptacles
Any other items that are listed as typical facilities on the list may be
considered for inclusion as part of the neighborhood involvement in the park
design process.
Staff concurs with the recommendation of the Park and Recreation Advisory
Commission and recommends that the City Council approve the recommended
language changes as submitted by PRAC. The first neighborhood park meetings
Amhurst and Rolling Hills Parks) are scheduled for Wednesday, January 28.
If this document is approved, it is our intention to make copies available
to the people in attendance at the meetings so that they have a clear
understanding of exactly what the City's policy with regards to neighborhood
parks is.
c
Eric J.'Blank, Director
Parks and Recreation
ds
attachments
CITY OF PLYMOUTH
r
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota, was held on t e day of
19 . The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87-
A RESOLUTION APPROVING COMPREHENSIVE PARK PLAN
LANGUAGE CHANGES
WHEREAS, the City Council requested the Park and Recreation Advisory Commission
to review the neighborhood park standards, and
WHEREAS, the Park and Recreation Advisory Commission has reviewed and
recommended language changes with regards to the standards for neighborhood
parks, and
WHEREAS, the City Council has reviewed the recommended changes as submitted
by the Park and Recreation Advisory Commission, and
WHEREAS, the Director of Parks and Recreation concurs with the recommendations
as put forth by the Park and Recreation Advisory Commission,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the Comprehensive Park System Plan standards for
neighborhood park development are hereby revised as submitted by the Commission
and dated January 13, 1987.
The motion for the adoption of the foregoing Resolution was duly seconded
by and upon vote being taken thereon, the
fol owing voted in favor thereof:
ine roilowing voted against or abstained
Whereupon the Resolution was declared duly passeU ana opte
PROPOSED
Development
Timing: begin general site development as early as practical after
acquisition
Degree of development: low -to -moderate
Typical facilities/activities: (* items are minimum standard for neighborhood parks)
Active (not lighted)
informal play area
play apparatus
sand/pea gravel
Passive
shaded turf area
picnic tables
Support
trails
shuffleboard
horseshoes
volleyball
park benches
sledding
free skating
lighted)
playcourts
utilities: non -potable water - limited parking only,
lighting (for skating) primarily for handicapped
signage * - waste receptacles
plant materials - open air shelter
Other Comments
may be part of larger park
may be decentralized within
neighborhood as long as no
one parcel is less than 5
acres
COMMUNITY PLAYFIELD
Size and Function
not required in industrial
neighborhoods
little or no programming
Service area: 1 community (driving neighborhood)
approximately 1 to 1.5 mile radius)
Spatial standard: 2.5 developed acres/1,000 population (ultimate)
Size: minimum 20 developed acres; maximum 65 developed acres
Type of use: intensive, active, formal, programmed
Clientele: primary emphasis on ages 8-50
Functional characteristics: almost entirely recreation
3- 1/13/87
CURRENT LANGUAGE
2. PARK STANDARDS
The Park System consists of four building blocks --
1) neighborhood parks, 2) community playfields, 3) city
parks and 4) special use parks --all connected by a fifth
element --trails. The definition, selection and distribu-
tion of these elements are based upon the recreation needs
of the citizens of Plymouth and tempered by the landforms,
the land use and the transportation system of the City.
The definitions and standards for the building blocks of
the system are as follows:
NEIGHBORHOOD PARK
Size and Function
Service area: 1 neighborhood (approximately 1/2 mile radius,
though not necessarily circular)
Spatial standard: 2.5 to 3.5 developed acres/1,000 ultimate
population
Size: minimum 5_to 7.5 dev_eLo.Qedacres_1_,maximum__15_to__21_
developed acres; average 6 to 8.5_de_veloped,acres
Type of use: active and informal
Clientele: emphasis on ages 5-15 and parents (primary); ages
65+ (secondary); all others (tertiary)
Functional characteristics: primarily recreation and ornamen-
tation with some reserve
Context
Location: adjacent to elementary school or located centrally
within a defined neighborhood
Access: primarily pedestrian and bicycle
Adjacent land use: ^re_s_idential _or sc_hool__,_(but__with___no_more.
than two sides being residential)
Natural Conditions
Resource dependency: resource orientation not required, but
desirable
Exposure: totally exposed with views into the park from all
directions
Topography: flat to rolling (steep slopes, poor soils, or
water should not be considered as developable
acreage)
Vegetation: partially wooded
2- 3/10/82
Development
CURRENT LANGUAGE
Timing: begin general site development as early as practical
after acquisition
Degree of development: low -to -moderate
Typical facilities/activities:
Active (not lighted)
informal playfield - trails -sledding
play apparatus - shuffleboard -free skating
sand horseshoes (lighted)
playcourts
Passive
shaded turf area - park benches
picnic tables
Support
utilities: non -potable water, - limited parking only,
lighting (for skating) primarily for Nandi-
signage capped
plant materials - waste receptacles
open air shelter
Other Comments
may be a part of larger park - not required in Indus-
may be decentralized within trial neighborhoods
neighborhood as long as no one - little or no programming
parcel is less than 5 acres
COMMUNITY PLAYFIELD
Size and Function
Service area: 1 community (driving neighborhood)
approximately 1 to 1.5 mile radius)
Spatial standard: 2.5 developed ac./1,000 population (ultimate)
Size: minimum 20 developed acres; maximum 65 developed. -
Type of use: intensive, active, formal, programmed
Clientele: primary emphasis on ages 8-50
Functional characteristics: almost entirely recreation
3- 3/10/82
DATE:
TO:
FROM:
SUBJECT
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
January 21, 1987, for January 26 Council Meeting
JamesG. Willis, City Manager
Eric Blank, Director of Parks and Recreation
AUTHORIZATION TO EXECUTE CONTRACT WITH BRAUER & ASSOCIATES FOR MASTER
PLANNING OF PLYMOUTH CREEK PARK
Summary: The attached resolution approves the contract with Brauer &
Associates for the master planning of Plymouth Creek Park.
61
7E
Background: On January 5, 1987, the City Council authorized the Director of
Parks and Recreation to negotiate a contract with Brauer & Associates to update
the Comprehensive Master Plan for Plymouth Creek City Park. Attached for
City Council review is the contract as presented by the Director of Parks
and Recreation. The contract includes two options.
Option 1 in the amount of $10,200, includes the review of four potential
sites for the Community Center. This would include a re-evaluation and short
synopsis of the existing two sites that were previously scored by BRW.
Option 1 would also include a review in detail of two additional offsite
locations for the Community Center (see attached graphic). This review would
attempt to duplicate the weighted scoring of the original two sites. This
would allow the Park Commission and the City Council to review and rank four
possible alternative sites for the future location of the Community Center.
We believe this is important so that all the alternatives are thoroughly
reviewed and discussed prior to the City Council making a decision with
regards to the final siting of the Community Center.
Option 2 in the amount of $8,000 excludes the review of any additional sites
for the Community Center. A review would be made of the existing sites to
determine if anything has changed with regards to the physical conditions
since 1984, when the weighted scoring was completed on the original two
sites.
I recommend the City Council approve Option 1 in the amount of $10,200 and
that the Mayor and City Manager be authorized to enter into said agreement in
the amount of $10,200.
Z' f 11
Eric J. 'Blank, Director
Parks and Recreation
ds
attachments
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 t e day of
19 The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87-
A RESOLUTION APPROVING THE CONTRACT WITH BRAUER & ASSOCIATES
FOR MASTER PLANNING OF PLYMOUTH CREEK PARK
WHEREAS, the Plymouth City Council on January 5 by Resolution 87-10 authorized
the Director of Parks and Recreation to negotiate a contract with Brauer &
Associates for the master planning of Plymouth Creek Park, and
WHEREAS, the Director of Parks and Recreation has presented a contract with
Brauer & Associates for City Council Review, and
WHEREAS, the City Council has found the contract to be acceptable,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the Mayor and City Manager are authorized to enter
into a contract with Brauer & Associates in an amount not to exceed
for the master planning of Plymouth Creek City Park.
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 adopt
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CITY OF PLYMOUTH
PLYMOUTH CREEK PARR
PROJECT PROCESS
Meetings Project Description
PHASE I
Data collection, review, and analysis
Preparation of current Project base map
Review with Staff
Field study and matrix resolution of Civic Center
sites - potentially 2 new sites will be
evaluated
Preparation of a site analysis graphic
Corps and DNR contact regarding watershed
Preparation of a letter containing all findings
of fact
Meetings for presentation: Staff
PRAC
City Council decision on Community Center
PHASE II
Prepare Project Land Use Concept
Meetings for presentation: Staff
PRAC
City Council
Rework land use concept as required
Meetings: Staff
PRAC
Finalize master plan concept
Meeting: Staff
Finalize all documentation
Meetings for approval of final Master Plan:
PRAC
City Council
January 21, 1987
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Attn: Mr. Eric Blank
Park Director
Re: Contract Proposal for Professional Services
Plymouth Creek Park
Mr. Eric Blank:
This letter proposal outlines a scope of services, fee schedule
and other elements which, if approved, constitute an Agreement
between the CITY OF PLYMOUTH, Minnesota, herein referred to as
the OWNER, and BRAUER & ASSOCIATES LTD., herein referred to as
the CONSULTANT.
The OWNER hereby retains the CONSULTANT to provide professional
services required to prepare:
1. A summary letter report which reviews and analyzes the
potential impact of contingent and contiguous lands to
the park as well as current park program, in view of
the existing Plymouth Creek Park Master Plan.
2. Update the existing Master Plan for Plymouth Creek
Park, in view of the decisions made by the Plymouth
City Council as to the location of the Community Center
and decisions on size, scope and phasing of the park
project.
for Plymouth Creek Park, located in the City of Plymouth,
Minnesota, hereinafter referred to as the PROJECT.
A. SCOPE OF SERVICES - Basic Services Phase I
1. Review and analyze all available PROJECT data including
the Parks and Recreation System Analyses (1982 and
March, 1986 update), Plymouth Community Center Site
Analysis Report (1986) and the Report on Plymouth Creek
Park Storm Water storage Pond BC -P8 (1982), available
base mapping including current boundary survey,
topographic mapping, utilities in place, traffic
engineering proposals, etc.
An updated base map with current PROJECT boundaries
will be prepared, utilizing all OWNER -supplied data.
7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 0 (612) 941-1660
City of Plymouth -2- January 21, 1987
3. Conduct a field inspection of the PROJECT and
surrounding area to review and analyze the potential
impact of contingent and contiguous lands to the park
as well as current and proposed park programs, in view
of prior Plymouth Creek Park Development Plan
proposals. Matrix evaluation of up to two additional
sites will be performed during the field inspection.
4. The CONSULTANT will contact the Army Corp of Engineers
and DNR as to updated plans in the pond development for
Plymouth Creek Park. The CONSULTANT will seek to
establish allowable limits of development within the
floodplain by written directives from the Corps and
DNR.
5. Prepare a site analysis graphic of all areas overviewed
in the field study, accurately recording natural
element and man -built components that impact the
PROJECT.
6. Prepare a letter report recording all findings of fact,
recommendations, and supporting documents.
7. Meetings with staff and PRAC for purposes of
presentation, review, and feedback to the CONSULTANT
preparatory to submittal to the City Council.
8. City Council decision on ultimate location of Community
Center facility.
B. SCOPE OF SERVICES - Basic Services Phase II
1. Following OWNER (City Council) decision as to the
location, including size, scope, and phasing of the
Community Center, a preliminary updated Master Plan
will be prepared incorporating all the collected data
plus recent PROJECT programming.
2. Present master plan concepts and supporting
documentation to staff, PRAC, and the City Council for
comments, review, and redirection prior to proceeding
with the final Master Plan.
3. Following OWNER feedback, a final updated Master Plan
will be prepared incorporating the OWNERS comments that
impact program and site design resolutions.
4. Presentation of the final master plan to PRAC and City
Council.
10
City of Plymouth -3-
C. FEES FOR PROFESSIONAL SERVICES
January 21, 1987
The OWNER shall compensate the CONSULTANT for completion of
professional services described above as follows:
1. For the CONSULTANT'S Basic Services,. as described in
Paragraphs A.1 through A.8 and B.1 through B.4, an
hourly fee based on the following hourly billing rates:
Senior Professional $70.00 hr.
Professional III $60.00 hr.
Professional I $29.00 hr.
Senior Technician $32.00 hr.
Technician III $30.00 h'r.
a. It is estimated that the CONSULTANT'S total fee
will not exceed the following:
i. Option 1:
Paragraph A - Phase I .......... $ 3,000.00
Paragraph B - Phase II .0......0 $ 7,200.00
Total Fee for Option 1 ......... $10,200.00
ii. Option 2:
Paragraphs A.1, A.2 and A.4 of
Phase I, plus Paragraph B.1
through B.4 of Phase II ........ $ 8,000.00
b. Direct expenses resulting from the performance of
Basic Services will be billed additionally to the
OWNER at cost.
D. PAYMENTS TO THE CONSULTANT
1. Invoices will be submitted to the OWNER on a monthly
basis for work completed through the 25th day of each
month.
2. Payments on account of the CONSULTANT'S services are
due and payable upon receipt of CONSULTANT'S invoices.
City of Plymouth -4- January 21, 1987
E. OWNER'S RESPONSIBILITY
The OWNER shall specifically provide:
1. All pertinent data relating to the PROJECT.
2. Boundary survey of PROJECT property.
3. Aerial photography and topographic mapping of the
PROJECT property at a scale of 1" = 100' and at a 2'
contour interval with 1' supplemental contours in level
areas.
4. Mapping of all in-place utilities or other easements
that impact the PROJECT.
5. Direct expenses including, but not limited to, plan and
report reproduction costs, blueprinting, and mileage.
6. One person representing the OWNER'S interests for
PROJECT review and approval for the PROJECT process.
F. TERM, TERMINATION, SUCCESSORS AND ASSIGNS
1. The Term of this Agreement shall be concurrent with the
work authorized.
2. Termination may be accomplished by either party at any
time by written notice, and shall be effective upon
payment in full for all services performed to the date
of receipt of such notice.
3. The OWNER and the CONSULTANT each binds itself, its
partners, successors, assigns and legal representatives
to the other party of this Agreement, and to the
partners, successors, assigns and legal representatives
of such other party with respect to all covenants of
this Agreement.
4. Neither the OWNER nor the CONSULTANT shall assign,
sublet or transfer his interest in this Agreement
without the written consent of the other.
City of Plymouth -5- January 21, 1987
G. CONSULTANT'S RECORDS, DOCUMENTS AND INSURANCE
1. The CONSULTANT shall maintain time records for hourly
fees, design calculations and research notes in legible
form and these will be made available.to the OWNER, if
requested.
2. The CONSULTANT shall carry insurance to protect him
from claims under Workman's Compensation Acts; from
claims for damages because of bodily injury including
death to his employees and the public; and from claims
for property damage.
3. The OWNER shall have full rights to reproduce works
under this Agreement either in whole or in part as
related to this PROJECT.
H. NONDISCRIMINATION
The CONSULTANT will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, national origin, physical condition or age. The
CONSULTANT will take affirmative action to insure that
applicants are employed and that employees are treated
during employment without regard to their race, color,
religion, sex, national origin, physical condition or age.
Such action shall include but not be limited to the
following: Employment, upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates of
pay or other forms of compensation and selection for
training including apprenticeship.
I. EXTENT OF AGREEMENT AND APPLICABLE LAW
1. This Agreement represents the entire and integrated
Agreement between the OWNER and the CONSULTANT and
supersedes all prior negotiations, representations, or
Agreements, whether written or oral, with respect to
the PROJECT. This Agreement may be amended only by
written instrument signed by both OWNER and CONSULTANT.
City of Plymouth -6- January 21, 1987
J. The OWNER hereby contracts for the Basic Services as
outlined in Option of this Agreement.
IN WITNESS HEREOF the OWNER and the CONSULTANT have made and
executed this Agreement,
this day of . 1987•
CITY OF PLYMOUTH
Plymouth, Minnesota
BRAUER & ASSOCIATES LTD.
Eden Prairie, Minnesota
t %
r
Paul S. Fja e
President
DKJ/lk
In presence of:
In presence of:
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 23, 1987 for Council Meeting January 26, 1987
TO: James G. Willis, City Manager
FROM: Richard J. Carlquist, Public Safety Director
SUBJECT COST/SPACE ESTIMATES FOR FIRE STATION III and FIRE STATION
I REMODELING
SUMMARY: I will be prepared to discuss with the City
Council at their regular meeting on January 26 the
space requirements for Fire Station III and Fire
Station I remodeling, as well as the respective costs
of each. I have enclosed copies of the plans drawn by
the architect for each Council Member's review. Also,
a summary sheet listing the relative costs is enclosed
with each set of drawings. ' The entire project is
estimated to be a "tad" under two million dollars.
This price tag includes a storage area, police pistol
range, and rolling stock at an estimated cost of
627,000. I will need direction from the City Council
as to the next step in the process. My understanding
at this point in time is that the Council has to at
least approve in concept the cost and space
requirements. Then, a Referendum date would have to
be established early this spring. The architect would
assist in holding public meetings and assembling two
Referendum newsletters explaining the work that they
have done to date and the ultimate impact on one's tax
bill if the Referendum should pass. Unless otherwise
directed, I do not believe the architect need attend
this particular meeting.
RJC:ly
enclosures
11w
A, R C N 1 T F C T u n E
E N G I N E E R I N G
IN TER 1 0 0 DESIGN
DATE: January 20, 1987
BUDGET SUMMARY SHEET
RE: Fire Station Bond Referendum/Plymouth, MN
Fire Station III (New Construction)
Building
1st and 2nd Floors (13,670 S.F. @ $68.00) $929,560.00
Basement (3,800 S.F. @ $25) $95,000.00
Undeveloped Space)
Site Development $35,000.00
Furnishings & Equipment (Exhibit "A") %36,700.00
Arch. and Eng. Fees @ 7% $76,700.00
Contingency @ 5% $54,800.00
SUBTOTAL: $1,227,760.00
Fire. Station I (Addition and Remodelina)
Remodel Existing Support Area $30,000.00
1,000 S.F. @ $30.00)
Addition to support area $84,750.00
1130 S.F. @ $75.00)
Furnishings and Equipment $9,000.00
Arch. & Eng. Fees @ 9% $11,050.00
Contingency @ 10% $12,000.00
SUBTOTAL:
Miscellaneous
Vehicle Purchase Allowance (Exhibit "EY')
Firing Range Allowance (Exhibit "C")
Bring Sanitary Sewer to Site
Bonding Costs
TOTAL:
146,800.00
451,000.00
81,000.00
44,000.00
26,800.00
1,977,360.00
6 ." , 1 R E E I u i I. . E n v I I M i •. . E O i n S, a 9 - 2 3 3 9 3 7 5 1
RE: Plymouth Fire Station III
Budget Breakdown for Furnishing b Equipment
EXHIBIT "All
FURNITURE -STATION N0, 3
2 tables @ $200 each
8 stackers @ $50 each
1 coffee table
7 upholstered modules @ $300 each
36 x 72 desk with return
1 desk chair @ $300
2 guest chairs @ $160 each (sled)
1 two drawer file
1 desk with return
1 desk chair
2 guest chairs (sled)
1 two drawer file
2 desk with return @ $650 each
2 desk chairs @ $300 each
2 two drawer files @ $225 each
Training
4 stacking chairs @ $50 ea.
Presentation Board $75
Conf./Dorm
4 39' sq. tables @ $200 ea.
16 stacking chairs @ $50 ea.
6 Fold -away sico beds @ $800
400.00
400.00
350.00
2,100.00
3, 250.00
650.00
300.00
320.00
225.00
1,495.00
650.00
300.00
320.00
225.00
1,495.00
1,300.00
600.00
450.00
2,350.00
200.00
75.00
275.00
800.00
800.00
4,800.00
6,400.00
EXHIBIT "A" CONT.
Training Room
75 Stacking chairs @ $50 ea.
19 tables @ $200 ea.
Communications
2 steno chairs 2 @ $300 ea.
SUBTOTAL:
FURNITURE STATION N0, 1
Lounge/Meeting Room
8 tables @ $200 ea.
32 stacking chairs @ $50
3,750.00
3,800.00
600.00
1,600.00
1,600.00
Lieutenant/Captain's Office
36 x 72 desk w/return 650.00
1 desk chair 300.00
2 guest chairs @ $160 ea. 320.00
1 2 -drawer file 225.00
Assistant
1
Chief
desk w/return 650.00
1 desk chair 300.00
2 guest chair @ $160 ea. 320.00
1 2 -drawer file 225.00
7,550.00
600.00
23,415.00
3,200.00
1,495.00
1,495.00
EXHIBIT "A" CONT.
Workshop
2 3'-0 x 6'-0 Work Benches $1,000.00
Miscellaneous
1,000.00
Dispatch
2 steno chairs @ $300 ea. $600.00
600.00
Maintenance Office -
1 desk w/return $650.00
1 desk chair $300.00
1 2 drawer file $225.00
Exercise Equipment $6P000.00
Washer/Dryer $800.00
Hose Dryer $6,500.00
51,175.00
8,965.00
6,000.00
800.00
6,500.00
13,300.00
45,680.00
EXHIBIT "B"
VEHICLE ALLOWANCE BREAKDOWN
2) 1250 Pumpers @ $135,000 ea.
1) 1500 gal tanker
1) Grass rig -3/4 ton
2) crew cap 4 x 4 1 ton @ $18,000 ea.
w/utility box
Breathing apparatus, ladders, hose & misc.
EXHIBIT "C"
5 position station 501-0 range
Equipment
Equipment installation
Mechanical
Electrical
270,000.00
90,000.00
15,000.00
36,000.00
40,000.00
39,000.00
12,000.00
20,000.00
10,000.00
451000.00
81,000.00
CITY OF p47
3400 PLYMOUTH
BLVD.,
PLYMOUTH,
j,
MINNESOTA 554
TELEPHONE559-28
MENS®
26 1987
January 22, 1987 For Council Meeting of January
DATE: Director of
T O: James G. Willis, City Manager,
through Fred G. Moore,
Public Works
City Engineer
FROM:
Sherman L. Goldberg,
SUBJECT: Project Status Report
d will find project
status
reports for all of our current
Attache you
public
improvement projects.
Sherman L. Goldberg, P.E.
SLG:kh
ondence
Attachments: payment Schedule
3) Reviewed Plan'B' (Includes Lunch Room)
I - Bruce, Bob and Jim K. all opposed to having Lunch Room in our project.
If one is included it should have a direct exterior access and no con-
nection to corridor system.
Proceed on assumption that Lunch Room will be included (Fred Moore);
Fred M. will give us final decision no later than Wednesday, 1/14/87;
otherwise project will be delayed.
4) Miscellaneous plan review comments:
Need room to store 10-15 30 gallon drums of potassium permanganate
30" H x 18 0).
Downsize Chlorine Room to hold 4 cylinders maximum; use extra space
for Potassium Storage Room.
Increase all Lower Floor Rooms 2'-41.
Fluoride Room also needs to be larger.
5) Alarms
Door locks (controlled entry), TV cameras (see above), sensors for
glass breakage.
Motion detectors not needed.
6) Emergency Power
Two (2) independent power sources minimum.
7) Elevator
Include for now; check at cost estimate time; build shaft in any event.
8) Floor Finish
Paint floors at: Filters, all other Upper Floor spaces not getting
other finishes.
Paint Lower Floor hallway and stairs.
Carpet in Control Room.
Terrazzo in Lab/Office and Upper Floor corridor.
Colored sealer for filter walls.
9) Controls
Howard will arrange a tour of CRT installations.
10) Outside Lighting
Light entrance drive and then put lights on building.
Page 2.
1553e
It
11) Trees
Bob Russek will verify requirement for number of trees.
12) Exterior Sign
Put near driveway entrance.
13) Rear Entrance
Remove one set of doors.
14) Plant Bypass
Consider a complete bypass of the plant to the clear well.
15) Air Conditioning
Air condition with treated water not raw water.
16) Winter Heating
Heating system must be designed for the plant being shut down in the
Winter.
17) Chemical Rooms
Use liquid fluoride.
Provide outside fill.
Provide slight ventilation in Fluoride Room at all times - keep under
negative press.
Provide large volume ventilation in Potassium Room to remove dust.
18) Truck Watering Station
Provide truck watering station for 2,000 gallon tank. 2-1/2" fire
hose connection.
19) Metering
1553e
Consult further with Bob and Bruce about metering.
Page 3.
r
Persons Present:
PLYMOUTH WTP MEETING MINUTES
12-19-86 KAB File No. 70223
Fred Moore - City of Plymouth
JCO, TEN, KAB, RCR, MBJ - B.R.A. & Associates
1) Tom Noyes is the team leader for this project. Fred Moore will communi-
cate with Tom throughout the project.
2) Site Plan was reviewed. 10' min. is required from the building to park-
ing areas. Fred suggested locating the upper parking area closer to the
building access, even though it would be located upon the future filter
area. Eight spaces minimum - cars face west.
3) Fred suggested 3'-4' high berming west of the building to provide screen-
ing from future residences. Plantings will be part of the screening.
4) Site landscaping will be included in the project as part of the WTP base
bid.
5) Bob Russek will check with the Fire Marshall regarding sprinkler require-
ments and fire lane requirements, i.e. max slope, min. turning radius,
etc.
6) Curb and gutter is not required on the fire lane. An inverted crown
could be used to handle surface water runoff.
7) B.R.A. will contact the property owner regarding access for soil borings.
If he says "no" or requests compensation, B.R.A. will report back to Fred.
8) A 10' benched area should be provided south of the access road. Graded
slopes up to 3:1 are OK. The WTP site needs to be approximately 300'
from north to south.
9) Regular access road sections will be 24' face to face with B612 curb and
gutter. Fire lanes will be 12' wide.
10) For the Planning Commission, B.R.A. will show entire lot - from existing
County Road No. 9 to new County Road No. 9. Well No. 9 will not require
a separate tract.
11) Fred decided that the sewer and water will be constructed as a separate
utilities project. That allows the City to incorporate other utility
work along new County Road No. 9 into one adequately -sized utility
project. The WTP project will extend utilities to beyond the paved areas.
Page 1.
1230e ri N
9R6
CU
rill OL 6 L
61
12) Floor plans were reviewed.
sented.
Image studies and outline specs were pre -
13) Fred would like a graphic panel in the control room, primarily for dis-
play (tour) purposes.
14) Fred would like B.R.A. to look into providing a layout which will accom-
modate a small elevator for the operators - either as part of the initial
construction or in the future.
15) Tours of existing area WTP plants will be held on January 6, 1986. Eden
Prairie first, then Burnsville and Eagan will be toured. The group will
meet at Eden Prairie at 8:30 a.m. Richfield and Bloomington are other
area gravity WTP's.
Four people from Plymouth will attend the plant tours.
16) Bob Russek will attend the tour and will contact Building Inspectors Joe
Ryan and Scott McCoullough.
17) Fred requested a raised "Computer Floor" in the Control Room. This will
also be provided in the Lab/Office.
18) Fred desires a lunchroom and restrooms for Park Department employees.
Fred is not yet sure whether a storage building for fertilizers, mowers
and dump trucks for the Park Department will be constructed on the WTP
site, or elsewhere.
19) Fred believes that the entire parcel of land will have to be purchased by
the City. The garage/barn is partially on this property. This small
area could be called "Outlot A" and be excluded from the City's purchase.
20) Three properties will be platted simultaneously - the water tower site,
the Zachary Park including new County Road No. 9, and the WTP site. Jim
Olson suggests starting land acquisition proceedings immediately. He
will get Ernie Rud started on the plat preparation. Jim suggests submit-
ting complete documentation for the preliminary and final plat in one
step.
21) Jim Olson will meet with Fred Moore in the first week of January to
discuss the utilities project. Dick Foster will need to review the raw
water piping requirements. Fred expects Wells 8 and 9 to be operational
by June 1987.
22) The site review process will take about 60 days, including staff review,
planning commission review and City Council action.
23) Next progress meeting will be approximately 1 - 1-1/2 weeks after the
January 6th tours. After that, progress meetings or memos will be pro-
vided weekly.
Page 2.
1230e
Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55113
612.636.4600
January 21, 1987
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Engineers & Architects
Attn: Mr. Fred G. Moore
Director of Public Works
Re: Wells 8 & 9
Plymouth, MN
Project No. 625
File No. 70229
Dear Fred,
Otto G. Bunestruo, P.E.
Robert W. Rwene, P.E.
Joseph C. Anderlik, P.E.
Bradford A. Lemberg, P.E.
Richard E. Turner, P.E.
Junes C. Olson, P.E.
Glenn R. Cook, P.E.
Keith A. Gordon. P.E.
Ihmnus E. Noyes, P.E.
Richard W. Foster, P.E.
Robert G. Schunicht, P.E.
Marvin L. Sorvala, P.E.
Donald C. Burgardi, P.E.
Jerry A. Bourdon, P.E.
Murk A. Hanson, P.E.
Ted A. Field, P.E.
Mu_'hael T. Rauununn, P.E.
Robert R. PJty/erle, P.L.
David U. Luskutu, P.E.
Thomas W', Peterson, P.L.
Michael C. Lynch, P.E.
Karen L. Willis, P.E.
Junes R. Muland, P.E'.
Kenneth P. Anderson, P.E.
Keith A. Bachmann, P.E.
Murk R. Rolfs, P.£.
Robert C. Russek, A.I.A.
Thomas E. Angus, P.E.
St ii L. Young, VL.
Charles A. Erickson
Leu M. Puwelsky
Harlan M. Olson
Susan M. Eberhn
The contractor on this project intends to complete Well 8 at the reservoir and
then move to Well 9. Because Well 8 will be completed first, we should con-
sider using it for the temporary pump next summer. Well 8 is approximately 5
weeks behind their original schedule because they shut down over the holidays
and the well had to be regrouted. The contractor will be drilling on a 24
hour basis to expedite his work.
The contractor drilled a 30 inch hole through the drift to the top of the St.
Peter Sandstone and a 24 inch well casing set inside. The space between the
drill hole and casing was grouted without our knowledge. When the grout level
was checked, it was found to be 90 feet below the surface. The contractor was
made to cleanout the annulas and grout to the surface as required by code.
Drilling of the rock formations was allowed to continue this week and progress
has been good.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
Richard W. Foster
RWF:li
1649e J,t1oSf
30 Year jC
Anniversary
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 22, 1987
TO: City Manager dames G. Willis
FROM: Community Development Director Blair Tremere
SUBJECT RESIDENTIAL SIDE YARD SETBACK REQUIREMENTS FOR DETACHED ACCESSORY
BUILDINGS
SUMMARY: This a report requested by the City Council at the January 5,
1987 meeting. The Council directed staff to "research and
report to the Planning Commission and City Council, the rationale for the 6 -ft. side
yard setback allowed by the Zoning Ordinance for a detached garage." This memorandum
is being sent simultaneously to the Planning Commission for their information.
The Zoning Ordinance adopted in 1978 was reviewed and evaluated carefully in 1980 by
the staff and Planning Commission. This was done at Council direction and at the
initiation of the Planning Commission and Board of Zoning because, to a great extent,
a number of recurring technical problems were resulting in precedent setting
variances and/or seeming unresolvable controversies.
One of the issues was the matter of side yard setbacks for detached accessory uses
which, initially, was taken to mean garages. I recall the main stimulus for that was
repeated variance requests to the Board of Zoning for setbacks of less than 15 ft.,
particularly where older established lots were not as wide as current Ordinance
standards. The desire to have a second garage stall, or in some cases to have the
first garage, led to the discovery that there was not enough room on the lot, at
least not between the house and the lot line.
I recall research showed many communities had a setback for garages that was less
than attached garages or dwellings; Plymouth's Ordinance had for many years had the
same setback, 15 ft., for both dwellings and all accessory buildings.
Exhibits A and B reflect the current Ordinance language. Exhibit B also reflects
general conditions for accessory buildings and Item 7-c, reflects particular language
that was inserted by the City Council when the matter of side yard setbacks was
considered in 1980.
Exhibit C has extracts from the staff report to the Planning Commission in 1980; we
had prepared for Planning Commissioners and Council members, a copy of the Zoning
Ordinance with symbols in the margins showing proposed amendments. The narrative
material in Exhibit C is describing the purpose of those various sections that were
being considered.
Page two
Memorandum to City Manager
City Council meeting January 26, 1987
January 22, 1987
Exhibit D reflects the discussion by the Planning Commission on April 23, 1980, and
Exhibit E reflects the language by the City Council on May 27, 1.980. That Exhibit
also indicates the final action by the Council on dune 16, 1980, when Ordinance 80-9
was adopted.
Ordinance No. 80-9 is the current Zoning Ordinance which has been amended in part
several times.
The rationale for reducing the setbacks for detached accessory buildings was to amend
the Ordinance to reflect a standard which the City -- primarily through the Board of
Zoning -- had established by granting numerous variances.
Attached garages are still required to meet the Ordinance standard of 15 ft. (PUD
Plans often have a lesser setback that applies throughout the PUD). The rationale
for that is attached garages could become remodeled and made part of the dwelling.
Detached garages could not be used for dwelling purposes.
The Council, I recall, modified the Planning Commission recommendation with respect
to utility buildings because of the concern that four property owners could theoreti-
cally have erected utility sheds or garages in the rear corners of their yards with
the result being an effective large mass of structures in addition to dwellings. The
concern was to only allow a reduced maximum size of utility shed (versus garage).
This has been the standard since 1980 and, to my knowledge, has not presented prob-
lems. Much of the development since 1980 has been in Planned Unit Developments where
for some time the Council allowed reduced setback for detached garages, between 6 and
10 ft.; more recently, the Council has insisted on a 10 ft. minimum for attached
garages. The actual experience in Plymouth has been attached garages rather than
detached garages, at least in the newer areas. Thus, on the whole, the 6 ft. setback
is probably not highly perceived except in the older more fully developed areas of
the City.
The summary of the rationale then is that the standard was modified to reflect the
practice the City was allowing by virtue of granting variances. Also, the standard
involved detached accessory buildings and not attached buildings.
Attachments
cc: File
Planning Commission
PLYMOUTH ZOIJING ORDINANCE
6, Minimum Side Yard in Feet**
a. Dwellings, one family
b. Dwellings, two family
C. Other Uses
d. Other Uses abutting
residences
e. Detached accessory uses'
f. Attached accessory uses
7. Minimum Rear Yard in Feet**
a. Dwellings, one family
b. Dwellings, two family
C. Other Uses
d. Other Uses abutting
residences
e. Detached accessory uses
f. Abutting an arterial street
8. Maximum Buildinq Height in
Feet****
a. Principal Structure
b. Accessory Structure
9. Minimum Distance Between Principal
Buildings on Same Lot
35 feet or 3 stories,
whichever is greater
for all Districts.
35 15 15 25 25 25
30 35 35
or standards of the State Building Code,
whichever is greater)
10. Minimum Width in Feet *****
22 22 22 22 22
a. Detached Dwellings
b. Class I Manufactured Homes,
other than in a Manufactured -- -- 22 22 --
Home Park ******
See Subdivision E of this Section tions
See Section 10 for additional regulations and excep
Sum of both side yards,
one of which may be zero feet with at least fifteen
feet between principal structures
See Section 10, Subdivision C for further height regulations and modifications
Measured at narrowest dimension
See Section 9, Subdivision C for standards and
requirements for Manufacture
Home Park Developments.
Amended Ord. No. 82-26 and Ord. 86-26)
7-7 EAgi 15 I T
Section 7, Subdivision D
FRD R -1A
0..00•ft
R -1B
rr
R-2* R-3* R-4*
15 15 10 20***
20 20
15 15 10
30
20
30 30 30
30 30
5 56 20*** 50
20***
50
20***
1515 66
15 10 20*** 20*** 20*
25 **
15
25 20
20
15
15 15 15
25 25
40 35 30 30 30
40
50 50 50 50 50 50
15
25 6 6
50
15
50
15
50 50
50 50
b. Accessory Structure
9. Minimum Distance Between Principal
Buildings on Same Lot
35 feet or 3 stories,
whichever is greater
for all Districts.
35 15 15 25 25 25
30 35 35
or standards of the State Building Code,
whichever is greater)
10. Minimum Width in Feet *****
22 22 22 22 22
a. Detached Dwellings
b. Class I Manufactured Homes,
other than in a Manufactured -- -- 22 22 --
Home Park ******
See Subdivision E of this Section tions
See Section 10 for additional regulations and excep
Sum of both side yards,
one of which may be zero feet with at least fifteen
feet between principal structures
See Section 10, Subdivision C for further height regulations and modifications
Measured at narrowest dimension
See Section 9, Subdivision C for standards and
requirements for Manufacture
Home Park Developments.
Amended Ord. No. 82-26 and Ord. 86-26)
7-7 EAgi 15 I T
PROPOSED AMENDMENTS TO ZONING ORDINANCE NO. 78-2
April 21, 1980
All references to green -covered hearing draft dated 4/21/80. Material to be
deleted by brackets; material to be added indicated by underscoring.)
PAGE NO. AND/OR
SECTION/SUBDIVISION NOTES/EXPLANATION
Page 37 continued Furthermore, these changes are referenced by the two
asterisks that are seen next to item 6 to language
in Section 10, Subdivision C *(7d) which is referenced
below and which treats accessory buildings other than
private garages and their setback from rear property
lines.
It is staff's observation that the proposed changes
should eliminate a need for a number of recurring
variances and yet provide the level of aesthetic and
safety protection as intended by the ordinance.
The recommended setback for attached accessory uses
is specifically aimed at the case of attached garages
and the anticipation that in the future the City can
expect to see requests for conversion of attached
garages to dwelling uses since structurally and
economically that is more feasible than other types
of building additions or building new houses altogether.
Page 38 R -0/R -D Change 7e.
Page 39, Sec. 7, Sub. F The language in Item 1 under site plan is for
clarification and consistency with the rest of t
ordinance. The zoning ordinance distinguishes tween
permitted and conditional uses and the re/fere at
this point is clearly to permitted develop t, not
all developments.
The change in Item 2 is to establish Zrealistic
dimension which a wa/
itnd
air nditioner can
project from a wall.
Page 40 The changes in Item e intent of the last
sentence in A by delnd adding Item b. This
language is comparabin the ordinance for
commercial and induss and provides that the
screening enclosure ble (not necessarily
identical) to the mare.
This requiremen;Osoraand
s common in other communities for
residential ar is due to complaints from
neighbors as the uncontrolled location and lack of
screening trash containers and garbage cans. The
language uld allow the storage of trash cans in a
garage ich is typically where most people keep them.
Ite 7 is in response to Council direction and the
re est of several developers over the past month.
sentially it states that if plans are submitted
ith the final plat, a temporary real estate sales
office in a model home may be approved at that time
4- e
PROPOSED AMENDMENTS TO ZONING ORDINANCE NO. 78-2
April 1, 1980
nd consistency with requirements elsewhere in the
All references to green -covered hearing draft dated 4/21j80. Material to bedeletedbybrackets; material to be added indicated by underscoring.)
PAGE N0, AND/OR
SECTION/SUBDIVISION NOTES/EXPLANATION
Page 75 continued suburban zoning ordinances there is a ical range
C The change in Item 1(c)3 relates to an earlier change
of one space for every 2 to 3 seats, here appears
in the definitional section where reference is made to
to be a common central stand:5 seats and thatardof
all types of radio and television towers and not just
is the one recommended. Staff r earch and recent
broadcasting towers.
Commission experience includin discussions with
The new language under Item 2 is responsive to Council
developers indicate that par g formulas for restau-
direction some time ago and incorporates reference to
rants based on square foot are not realistic
adopted City policy relative to future known thorough-
especially in the case o he type of restaurants which
fares and the determination of front yard setbacks.
Plymouth is likely to lize in the next few years.
The addition of b s under Item j is also the result
of Commission d' ction and discussions with the
architects an evelopers of the two recent bank
proposals i e City. The old formula for a full
service ba was not deemed realistic and in fact both
banks ha provided a level of parking at the suggested
rate. 11 service banks are, in fact, a cross use
betw office buildings and retail and service
est ishments.
Page 80 The changes under Item 7 are generally the result of —
IN
Council direction, Commission direction, and discussion
at joint meetings regarding this general subject
matter.
The changes in Item a are for clarification; and in
the case of the dimension change bring this language
into compliance with building code standard that any-
thing closer than 6 feet requires special fire protec-
tion and separation measures.
11- r
e changes in Items j, m and n are for clarification
nd consistency with requirements elsewhere in the
ordinance.
Page 76 The change in Item s again is for clarification and
to assure consistency with other requirements in the
ordinance.
Page 77, Sec. 10, C The change in Item 1(c)3 relates to an earlier change
in the definitional section where reference is made to
all types of radio and television towers and not just
broadcasting towers.
Page 78 The new language under Item 2 is responsive to Council
direction some time ago and incorporates reference to
adopted City policy relative to future known thorough-
fares and the determination of front yard setbacks.
e 79 The new language and changes in Item 3 are for
clarification and the reference to the adopted land -
Page 80 The changes under Item 7 are generally the result of —
IN
Council direction, Commission direction, and discussion
at joint meetings regarding this general subject
matter.
The changes in Item a are for clarification; and in
the case of the dimension change bring this language
into compliance with building code standard that any-
thing closer than 6 feet requires special fire protec-
tion and separation measures.
11- r
Hprit Z1, 1980
All references to green -covered hearing draft dated 4/21/80. Material to bedeletedbybrackets; material to be added indicated by underscoring.)
PAGE N0, AND/OR
SECTION/SUBDIVISION NOTES/EXPLANATION
Page 80 continued The additional language in Item b refers to cases of
planned unit developments and to those situations
which would result from earlier changes (proposed)
whereby detached accessory buildings could be located
closer to the property lines than the required side
yard. One zoning subject which is often confusing is
the difference between actual setbacks and required
setbacks; the latter are the minimum standards establish-
ed by the ordinance whereas the former often are in
excess.
The language in Item c clarifies the existing standards
and the intent of that provision. The 30 percent
possible coverage area would relate to the required
rear yard and not the total yard area behind the maiw
structure. It is notable that elsewhere in the
ordinance in Section 7, Subdivision D the maximum lot
coverage of all structures is 20 percent.
Item d is a new item which would provide for the small
utility type buildings in the R -1A and R -1B Districts.
This provision does not include private garages. It
relates the actual setback to a variable of 5 percent
of the total lot depth or to the line of a dedicated
easement which in Plymouth is often 6 feet. The
provision in any case sets the minimum distance to the
property line as 6 feet for such utility buildings.
The 100 square foot dimension is found to be typical
of the owner assembled "kits" commonly found in retail
and discount stores.
Item 3is added as a result of several City Counc' nd
O
Commission discussions when development propos have
been made for a detached large accessory b ing in
C U the business and industrial districts. a language
is virtually the same as that appl' in the residential
districts in Item a of this sec n; reference is also
made to the following item.
Paragraph 9 is new la age commonly found in
zoning ordinances in staff's judgement is responsive
to Council and mission concerns. It is also
responsive eriodic inquiries involving residential
lots as whether a second house can be built on the
same The exception refers to other sections of
th' ordinance, such as in the case of planned unit
velopments where Planning Commission and Council
may approve more than one building on a lot.
Page 80a. Item 10 is also common to municipal zoning ordinances
and requires that a developer provide a single site for
400 his development should there be multiple parcels
12-
PLANNING COMMISSION MINUTES -2- April 23, 1930
Specifically, the Commission concurre e changes in tem T1"
page 37; following a graphics presentation by staff of typical R -1A and R -1B lots
with accessory buildings, it was the consensus of the Commission that the rear yard
minimum setbacks as set forth in item #7 on page 38 should also be reviewed for the
R -1A and R -1B Districts.
MOTION by Commissioner Threinen, secondee by Commissioner Barron to direct that
the minimum rear yard setback under item 7e on page 38 relative to detached
accessory uses in the R -1A and R -IB Districts be reduced from 25 feet to 6 feet
and from 20 feet to 6 feet respectively; and further that proposed item 7d of
Section 10, Subdivision C on page 80 be deleted in its entirety as being unnecessary
in light of the proposed rear yard setback changes.
MOTION CARRIED 6-0-0 All in Favor
Commissioner Threinene suggested that relative to page 45, Section division
E, #5 (Maximum Lot Coverage By All Structures) that considerat' ould be given
to allowing an expansion of established existing industri ildings provided
such uses could comply with ordinance parking require s. He stated that the
provision would apply only to uses that had been ' peration at least five years.
He explained the intent was to provide some ' ntive for established businesses
to remain in Plymouth as they approach period of determining whether it is
necessary to move or re-establish se of growth. He stated such provision
would not result in over -buil ' of sites since the development would be required
to provided needed parkin taff was directed to prepare appropriate language for
review by the Commiss' .
Relative to on 10, Subdivision B (Off -Street Parking and Loading Regulations),
it was t nsensus of the Commission to direct staff to prepare an ordinance
requ' ent that freeway oriented businesses provide appropriate minimum number of
e vehicle parking spaces. Specific current examples of problems included
otels and restaurants which are not able to accomodate semi -trailer trucks and
large recreational vehicles due to standard automobile parking lot design.
Relative to item 7c, Section 10, Subdivision C on page 80, it was the consensus o
the Commission to add additional appropriate language that would cross-reference
that requirement back to the maximum percentage ground coverage requirements in
Section.7, Subdivision D, item 4. The purpose of the cross-reference is to assure
that users of the ordinance are aware that, through total lot coverage requirements
and through accessory building lot coverage requirements, the size of accessory
buildings as well as of all structures are governed.
Chairwoman Vasiliou closed the public hearing.
Chairwoman Vasiliou and Commissioner Threinen commented roposed ordinance
changes were comprehensive and reflected the d' the Planning Commission
and City Council over the period of t'
I
he adoption of the ordinance in
1978. Staff commented that changes had been formally adopted, it was
the hope that the zo . finance could eventually be formally codified as the
rest of the e. Staff also remarked that the Commission had a number of
conce ive to Section 10 and the standards for signs; this review would be
ered at a separate hearing.
14161*f b
Special Council Meeting
May 27, 1980
Page 168
MOTION was made by Mayor Hunt, seconded by C c"member Hoyt,
to add language to Section 10, Subdivi Sign Regulations,
on page 63, that any sign permia ications received prior to
initial Certificate of Occ y that require variances shall
go back to the Plan ommission rather than the Board of
Zoning.
t1107—arried, three ayes. Councilmembers Davenport and
is voted nay.
MOTION was made by Councilmember Schneider, seconded by Council -
member Davenport, to direct staff to amend the wording in Section
10, Subdivision C, paragraph 7(c), on page 80, by adding the
following: "A storage shed not to exceed 120 sq.ft shall be allowed
within a 6 foot rear yard setback or the utility easement, which-
ever is smaller, in every district except FRD."
Motion carried, four ayes. Councilember Neils voted nay.
MOTION was made by Councilmember Hoyt, seconded by Council
member ounci1memberNeils, to defer adopting the revised Zoning Ordin e
until it comes back to council with the suggested amen nts.
Motion carried, five ayes.
Councilmember Schneider asked that applications or appointment BOARD.OF ZONING
to the Board of Zoning be considered at this me so that all APPOINTMENTS
positions on the Board may be filled when revised Zoning Item 18
Ordinance is adopted expanding the Board Zoning from five
to seven members.
MOTION was made by Councilmember D enport, seconded by Council -
member Schneider, to direct
Council/
to contact the applicants that
were recently interviewed for , anning Commission positions to
determine if they would be i erested in appointment to the Board
of Zoning.
Motion carried, five
Mayor Hunt request that staff include an article on SAC charges
in the next Plym h Report.
MOTION was m e by Councilmember Schneider, seconded by Mayor
Hunt, to a pt RESOLUTION NO. 80-355, setting the City Manager's
compensa on for 1980 at $49,456 for one year effective May 1,
1980.
11
Ma , r Hunt suggested the Council meet with the City Manager on
quarterly basis.
The meeting adjourned at 11:30 p.m.
RESOLUTION NO. 80-35`,
SETTING CITY MANAGER
COMPENSATION FOR 198;
b(OT .. -168- qty er
Regular Council Meeting
June 16, 1980
Page 186
Loren Paripovich, B.P.C., Inc., replied to Council's questi s EGAN PARK FILLING 'x
about the proposed plan for filling Egan Park and the ty of B.P.C., INC.
materials that will be used for the fill. Mayor Hunt ressed Item 9-Q
concern about the filling of wetlands in the park an stated he
felt they should be preserved.
MOTION was made by Councilmember Davenport, s onded by Council -
member Schneider, to direct staff to enter ' to a written agreement
with the firm of B.P.C., Inc, for the fil ng of Egan Park contingent
upon the company's obtaining appropriat ,permits from the Elm Creek
Drainage District.
MOTION TO AMEND was made by CouncJAThember Schneider, seconded by
Councilmember Hoyt, requiri7sission of a grading plan, storm
sewer route, and an agreemecating type of fill to be used
and adding a two-year renewse to the agreement.
Councilmember Neils/
restuthorizing
sed concern that removal of the blockages
in Elm Creek in cloimity to the park will decrease the flood
plain in the park.ted he would like to see the agreement and
the grading plan be its approval.
SUBSTITUTE MOTI was made by Councilmerber Davenport, seconded by
Councilmembei ils, to defer action on the agreement for the filling
of Egan Par ntil the agreement and grading plan are presented to
Council fo review. r
Substi a motion carried, five ayes.
Ji ei , President of Northwestern State Bank Northwest, Maple Grove, NORTHWESTERN STATE
cribed the operations and services offered at the Maple Grove BANK NORTHWEST
ranch of the Northwestern State Bank Northwest on County Road 10 PRESENTATION
and Bass Lake Road and distributed copies of the bank's Community Item 10-A
Redevelopment Act,.S;.atement. Mr. Heig then introduced Michael Bue,
William Belford, Shirley Brinks and Richard Traut of the bank's staff.
Manager Willis recommended that Council adopt the amendments to
the Zoning Ordinance as submitted to Council at the May 27, 1980
special Council meeting and with the modifications submitted in
Planner Tremere's memorandum dated June 13, 1980.
MOTION was made by Councilmember Neils, seconded by Council- ORDINANCE NO. 80-9
member Hoyt, to adopt ORDINANCE NO. 80-9, AN ORDINANCE ADOPTING ADOPTING ZNT_N6_
THE PLYMOUTH ZONING ORDINANCE AND REPEALING ORDINANCE NO. 7b-2 ORDINANCE AND
AND ALL AMENDMENTS THERETO. REPEALING ORD. 78-2
Item 9-D
Motion carried on a Roll Call vote, five ayes.
soft
Manager Willis recommended that Council approve reduction of ten
assessments levied for Project No. 506, Pinetree Pond I
as proposed in Engineer Moore's memorand , 980 and
based on the degree of benef' from the project.
186-
0 D
oK CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 21, 1987
TO:
James G. Willis, City Manager
FROM:
Dale E. Hahn, Finance Director
SUBJECT REPORT ON STATUS AND SCOPES OF RISK MANAGEMENT PROGRAM AND
CHANGES
SUMMARY: The attached memo describes the present and proposed status of the
insurance procurement. Also included is a discussion of the alternatives, target
dates, and anticipated premium costs.
Background
As the insurance crisis deepens, the need for independent action by the City through
sound risk management practices has become a necessity. Over the past several years
we have been dealing with realities of the disappearing market place and ever
increasing premiums despite our ongoing modest loss experience. Our insurance
agent, Don Kuplic, and I have been busy surveying the market for the availability of
insurance coverage for our City operations. The results of our review indicates we
must be ready to self—insure on April 1, 1987 or anytime thereafter should the
market so dictate.
The City's loss experience has averaged approximately $50,000 per year for the past
several years. To receive insurance coverage for those losses we have paid annual
premiums of $265,000 for $600,000 worth of coverage. Competition between insurance
carriers is almost nonexistant, in fact, the League of Minnesota Cities and CNA
Insurance Company are the only major providers of municipal insurance in Minnesota
today. As a result, the projected 1987 premiums are expected to be equal to, or
greater than last year.
The policy being offered by the League of Minnesota Cities is on a "claims made"
basis. Claims made coverage means that carriers would provide coverage only for
those claims actually filed with the insurance company during that coverage year.
CNA Insurance Company provides insurance on an "occurence" basis. Occurence basis
insurance, means the insurance company providing insurance in the year that the
accident or claim originated, would be responsible regardless of when the actual
claim was filed. In my opinion, there is a significant difference between these two
policies, and the occurence basis policy is far superior to that of the claims made
policy especially considering that the courts have been liberal in their
interpretation of deadlines for submission of claims.
Page 2
Risk Management Program
Recommendations
The City has other alternatives which I intend to pursue. As a first step toward
self-insurance we should assume larger retention levels based on our present known
losses and reserves. I have spoken to other municipalities that have increased
their aggregate retention levels to $50,000 per classification of insurance, which
in our case, would be $50,000 for liability and $50,000 for fire and property damage
or $100,000 aggregate total. I believe the City of Plymouth has the ability to
assume retention levels of at least $50,000 and as high as $100,000 in each of these
areas. By so doing, I am estimating our premium dollars could decrease as much as
75,000 to $100,000. It is my understanding from talking with Don Kuplic, that CNA
Insurance Company would still process the claims from the first dollar and that
claims payments below the retention level are drawn from the Risk Management Fund.
This is important because the City should not get into the claims processing
business. Claims processing would require additional costs for staff, attorneys,
consultants, computer hardware and software, and other paperwork not to mention
public relations considerations.
Ultimately, total self-insurance may be desirable, however, it must be thoroughly
researched and reviewed prior to making any decision. Even if the City elected to
self -insure totally, I believe a stop -loss insurance policy or umbrella type
coverage would be mandatory. Don Kuplic has informed me that this umbrella coverage
may not be obtainable if the City self -insures the first $600,000 or $1,000,000 of
coverage. The insurance company providing the umbrella coverage in most cases is
insistent that the underlying coverage is provided through an insurance company.
Self-insurance is a planned program. That is: all alternatives have to be
examined. Self-insurance has been selected for the City as a long-term goal as the
most effective device for the city; after considering all the necessary services to
conduct the program, attempts to recognize what problems might occur, and methods to
monitor the progress of the program.
The advantages of self-insurance include direct control of losses, and the ability
to provide the same protection at lower cost. Disadvantages include loss of insurer
services (which may be replaced by other sources), and the risk of the program
costing more than an insured plan. If a self-insurance program is not properly
protected through excess insurance or reserves, poor loss experience could result in
cost that dramatically exceed the premium that would have been paid.
The bid specifications for 1987 coverage will be drafted in order that companies can
bid on providing coverage subject to larger retention or for stop/loss on umbrella
type coverage associated with more aggressive self-insurance. We will then analyze
bids and provide the Council with our recommendations. To proceed in the direction
of self-insurance we will be taking the following actions over the next few months:
Target
Date Action
10/09/86 1. Establish a risk committee (completed)
a) Determine personnel make up for committee
b) Determine future plans and goals.
c) Establish incentives for employees being risk
minded.
d) Invite outside speakers and insurance
professionals.
Page 3
Risk Management Program
Target
Date Action
02/13/87 2. Prepare specifications for bidding insurance.
a) Review prior claims.
b) Review various forms of coverage.
c) Review coverage limits.
d) Review various exposures.
02/27/87 3. Meet with risk management consultants and determine
what insurance is on the market and establish
self-insurance level.
02/27/87 4. Conduct a feasibility study to evaluate the costs in
comparison to other alternatives.
02/27/87 5. Determine computer software availability for claims
tracking.
03/06/87 6. Should the study show that self-insurance is the most
economical approach, determine who should provide the
necessary service functions.
03/13/87 7. Select the service provider or providers for claims,
loss control, management information, financial and
other portions of the program.
03/13/87 8. Plan how to communicate to all members of the city,
that the city organization will be self-insured and
establish the internal procedures to be used in the
program.
03/13/87 9. Make any necessary applications to state authorities
for approval of the program.
03/13/87 10. Choose appropriate legal counsel for defense of claims.
This may be one firm that becomes thoroughly acquainted
with all of the city's operations or many different
attorneys chosen for their expertise in specific kinds
of cases.
03/13/87 11. Make arrangements to receive the kinds of information
needed to properly measure the progress of the program
whenever it may be needed, in the form needed, and
that it is accurate.
03/13/87 12. Determine the kind and amount of excess insurance and
surety bond needed for the program.
03/13/87 13. Receive bids on insurance proposals.
03/18/87 14. Review and compare bids for:
a) coverages
b) retention levels
c) insurance companies strengths and weaknesses
03/23/87 15. Make recommendations to City Manager and City Council
Many of these measures are already in process to provide enough lead time so that
all alternatives can be thoroughly analyzed. With the information accumulated in
this process, I will make a recommendation to Council for the appropriate retention
levels or self-insurance. I will be unable to attend the January 26th Council
meeting, but will be glad to respond to any Council concerns at the February 2nd
meeting.
DATE:
TO:
FROM:
SUBJECT:
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
January 22, 1987 For Council Meeting of January 26, 1987
James G. Willis, City Manager
Fred G. Moore, Director of Public Works
Council Chamber Sound System
At the January 5, 1987 Council meeting the Council directed that a
written report be prepared on the Council Chambers Sound System.
In November, 1985 modifications were made to the existing sound system in
the Council Chambers. The purpose of the modifications was to correct
the problems we were having with the audio portion of the cable tv
broadcast of the City Council meetings. There was a very poor voice
quality, the sound level was very low in comparison to the sound on other
tv channels. Some of the City Council deliberations could not be heard
because of microphone placement and if conversations were conducted by
someone sitting in the audience and not at the microphone location, they
could not be heard.
In order to correct these tv broadcast problems a new microphone
automatic mixer was installed along with a different type of microphone.
The microphone used picks up the audio sound from hard surfaces around
the microphone in lieu of the audio from directly speaking into the
microphone. With the new type automatic mixer we were able to reduce the
number of microphones required from twelve to seven.
During 1986 the technicians from Electronic Design Company, the firm
which installed the system, were in attendance at three Council meetings
to adjust and "fine tune" the system. With the modifications to the
system we are getting excellent audio quality for our tv broadcast.
People sitting in the audience and speaking to the City Council can be
heard through the audio system. The only problem which is occurring is
paper noise" at the City Council table. Microphone locations were
modified and this has reduced some of the noise.
The option to completely eliminate the paper noise problem would be to
have lapel microphones on each person sitting at the Council table. I do
not believe this would be an acceptable alternative and think that the
paper noise can be kept to a minimum with persons at the Council table
reducing as much paper shuffling as possible.
Memo: James G. Willis
January 22, 1987
At various times we have received comments from people sitting in the
audience not being able to hear the comments of Council members. The
system has been adjusted since the January 5th meeting to obtain a higher
audio level in the Council Chambers. Because of the placement of the
speakers with the original installation of the building, we are right at
the maximum output level without receiving "feed back" over the system.
The sound company is looking at our speaker type and location to see if
some modifications would allow a louder audio level. They are also
reviewing the cost to install a volume control at the staff table in
order that the level could be regulated as necessary during the meetings.
When this information is received an additional report will be provided.
Fred G. Moore,
FGM:kh
E
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 21, 1987
TO: James G. Willis, City Manager
FROM: Dale E. Hahn, Finance Director 1),'
SUBJECT INSURANCE CLAIMS REPORT
SUMMARY: In accordance with City Council direction, I am attaching a copy
of the insurance claims status report. This report was assembled by Don
Kuplic, the City's insurance agent. Many of the claims are similar to
those on the report submitted to Council on August 25th. Should Council
need explanation on any specific claims, I would be glad to obtain the
requested detail.
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 22. 1987 for January 26. 1987 Council Meetyna
TO: James G. Willis - City Manaaer
FROM: Richard J. Carlauist - Public Safetv Director
SUBJECT COUNCIL PRIORITIZING OF POLICE SERVICES
I have received priority lists from Councilmembers Zitur and Sisk. and Mayor Schnei-
der. Copies of the priority lists have also been supplied to Councilmembers Crain and
Vasiliou. I have not vet tabulated the results since it is important for these
Purposes to have input from all Councilmembers.
If I receive feedback from Councilmembers Crain and Vasiliou prior to the January 26th
meetina. I will be in a position to appropriately tabulate the results and hopefully
generate some meaninaful discussion on the broad ranae of police services that we
Provide at. the January 26th meeting.
RJC:as
8µ
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: January 22, 1987
TO: Mayor and City Council
FROM: James G. Willis, City Manager
SUBJECT QUARTERLY STATUS REPORT ON PENDING CIVIL LITIGATION
SUMMARY: In accordance with previous City Council direction, I am
attaching a quarterly status report on pending civil litiqation which
includes the period up to January 15, 1987. The City Attorney has
summarized the facts and circumstances of each case for Council
information. This report does not cover matters handled by the City's
insurer which are contained in the separate insurance report also on
this agenda.
JGW:dma
attach.
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
James J. Thomson, Jr
Thomas R. Galt
Dayle Nolan
Brian F. Rice
John G. Kressel
Lorraine S. Clugg
James M. Strommen
Ronald H. Batty
William P. Jordan
Kurt J. Erickson
William R. Skallerud
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin
Paul E. Rasmussen
Steven M. Tallen
LeFevere.
Lef ler
Kenned%
O'Brien
rs, 7 a4
A Prulensinnal
1,so( iaiinu
January 20, 1987
Mr. James G. Willis
City Manager
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
RE: Quarterly Status Report on Pending Civil Litigation
Dear Jim:
This report covers the pending civil litigation matters
as of January 15, 1987. As with the previous report, I am
only summarizing the facts and circumstances of the cases
opened since the last report. Again, this report does not
cover matters being handled by the City's insurer.
MATTERS STILL PENDING SINCE LAST REPORT
1. Middlemist v. City of Plymouth. This matter is
scheduled for trial before Judge Roberta Levy on April
20, 1987.
2. City of Plymouth v. Mendota, Inc.. This matter
was tried before Judge Patrick Fitzgerald during the week
of December 8, 1986. The City's proposed findings were
submitted to Judge Fitzgerald on December 29, 1986, and
we are awaiting Judge Fitzgerald's ruling.
3. Laukka & Associates v. City of Plymouth. We are
waiting to receive a trial date.
4. Special Assessment Appeals.
a. Project #408 (Dunkirk Lane).
We have settled one of the appeals. The
remaining ones are still pending, and we
have not yet received a trial date.
Mr. James G. Willis
January 20, 1987
Page 2
b. Sixth Avenue Extension Project.
This matter has been resolved, pending an
application for a lot division by the
property owner. The City has not yet
received the application.
5. Eminent Domain Cases.
a. Project
Cavanau
853 (City of Plymouth V.
A trial date has not yet been scheduled.
On January 12, 1987 Judge Minenko heard
the City's summary judgment motion to
limit the amount of compensation that can
be claimed by the property owners. We are
awaiting the results of that motion.
b. Project #455 (City of Plymouth v. Swan
Lake Properties).
The commissioners have been appointed and
we are waiting to receive a hearing date.
We are in the process of discussing a
settlement proposal with the property
owners.
C. City of Plymouth v. Matti (Parker's Lake).
The City's survey of the property has now
been completed. We will be making a motion
with the court to limit the scope of
compensation to which the property owners
are entitled. The matter has not yet been
scheduled for hearing before the
court-appointed commissioners.
d. Project #404 (City of Plymouth V.
Aagaard).
A trial is scheduled for January 26, 1987.
We are in the process of settlement
negotiations, and a settlement appears
likely.
e. Project #544 (City of Plymouth v. Begin -
Fernbrook Lane) .
The eminent domain petition has been
filed, but the court has not yet appointed
the commissioners.
Mr. James G. Willis
January 20, 1987
Page 3
6. Construction Matters.
a. C.S. McCrossen v. City of Plymouth.
The City staff and the consultant were
unable to reach a settlement with the
contractor. We are now. awaiting the
response to our discovery request. As soon
as we receive it, an arbitration date will
be scheduled.
7. Hazardous Building Cases.
a. City of Plymouth v. Cavanaugh (Highway 55
and Vicksburq Lane).
The property owner has cleaned up the
property and has torn down two accessory
structures. The only remaining issue is
the City's request to board up the
principal building. We have received
notice that Judge James Rogers has been
assigned to the case, and we hope to have
a hearing date within thirty days.
b. City of P1
Road 6 ) .
mouth v. Copeland (13916 Count
The City Council's order has been served
on the property owners and all lien
holders of record. Their time to respond
to the order has just expired, and we will
be scheduling a hearing date with the
court.
C. City of Plymouth v. White (12510 28th
Avenue North).
Judge Lebedoff issued an order dated
December 24, 1986 allowing the City to
proceed with the abatement process. The
City staff is in the process of hiring a
contractor to do the work.
8. Veit & Co. v. City of Plymouth/Kenko, Inc. v.
City of Plymouth. At the present time the City is only
tangentially involved in these lawsuits because the
parties have agreed to litigate the matter among
themselves. The plaintiffs will only pursue their claim
against the City to the extent that they cannot recover
on their judgments against the defendants.
9. Sampson v. City of Plymouth. The City has taken
action to lower the water in the natural retention area.
Mr. James G. Willis
January 20, 1987
Page 4
The plaintiff's attorney and the attorney who is handling
the case on behalf of the City's insurance company (a
portion of this case is covered by insurance) are
discussing a monetary settlement. The matter has not yet
been certified ready for trial.
10. Marvin Nelson Grievance. Officer Nelson has
agreed not to challenge his written reprimand, and the
City has agreed to grant him a retroactive step increase
for one-half of the time period during which he did not
receive one. We are waiting to receive the necessary
documents from Officer Nelson's representative to
finalize the settlement.
CASES CLOSED SINCE LAST REPORT
1. Jerome P. Begin Contracting Company v. City of
Plymouth. The arbitrator has issued an award in the
amount of $49,919 to the contractor. The award is payable
by January 31, 1987.
2. Thornton v. City of Plymouth. This matter was
resolved with the City paying $10,000.
3. Prosect #426 (Carlson Center 3rd Addition)
Special Assessment Appeal. These appeals were resolved
through the arbitration process. The property owners
agreed to pay for the entire cost for the curb and gutter
and for a portion of the street -widening costs.
NEW MATTERS COMMENCED SINCE LAST REPORT
1. Moles v. City of Plymouth. The plaintiff in
this case is suing the City as a result of a fence that
he constructed on his property. The plaintiff contends
that the fence does not violate the City's zoning
ordinance. The case is still in the discovery phase.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
aames Thomson,
JJT/kjj