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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 N n n Ain . n A n n n f O f f •' I f I i I o{ 4 a m. I r. r I f IT Of N O 0 D { i i uo o f F T o In i M1 i o S mO nl {: 1 D I a- O m a10 N I M1nmIq I/i j+ it 10 i T j a z I O I O i a n O O A I N 1 6; m T I0I mQ' CL a j al O j i a ru i a! 01'I fT I? N T j 4 1 D' ru' a s a I A i I r i al ia 1 m: d a Ln n 1 a 1 n F ! a ar o I m Im IM m o ru j in Ln I n Ln , Ln ra o . 1 i 1 ru j'1i rU N fu ru ru i t I f 1 0 1Z S! 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Q- FII ILa iH 1 4 Cj a{ 2 ! rC I I I iLaQ I 1 I o Ln ru oO ru oO m r I S d oto ri D In j v1 S J as M1 D lur 14 i0' r^.. 7µ D oO nj r la of im i s i I N M n O,h O pl0 ^ - A J h O ! O Y A• i N i N N N 1 - Nom/ Y '1 '1 A ' t'1 !1 ^I '1 .'1 '1 t • f f f ', Y f i f n' h 1 I. CITY OF PLYMOUTH Pursuant to due call and notice Thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19_ The following members were present: The following members were absent: 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 T > e m r n o A o Sa ' MO p P ZOfc am IT IC) 1K 6. ti c ^ m fr no •I p z w _ C '-•. - ..piso 1 k , oil rn _ vi am 450 Z cap tom. `- o _ p L ; •" t /' `{ rF n ,i• i ti. 1* 3w l y ' it • ,• /"`.. ;i•-'_ / O - _ t F 77 o 't merit/ '• t r i `` f :- rt b NAl H I9' Ia-+ f D N HO fi U1Q 1 nlii II oHyl I . 1 A N O rt rt fA fA N i-• - rt ft z rt ct t4 3111 - Mr0 1 i. N N H N F+• ~ s 0rt -mmmwwwww w n rr rr rcKxrr w w Mart rtrnt y iiaRiiiiF i r ti 7 v Ub 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. 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U dL •r r• r a O Cl O Q) ClO r a r 0- r 0 O O O r Y a ~ ro to O O r0 ro O Rs to a) CLL J J CL Q CL Q J J Cl J O Q O Q O Q r J w L N O N LL- O ra N 4-1 E lD D 00 tD l0 O\ lD co tD LL n 'r O 00 00 1.0q 00 00 D D l0 CO tz 00 Gl lD 00 co 00 co co N lD N r LLJ N N N 00 r r r- M N 00 N N C7 V CJ lD Cil co 00 rl_ ro r r r W H OcoCL W to 47 co tD 00\ l0 lD Cb\ co 00 0000tD lD 00 co co 00 00 O n l\OWr ~\ rCi' O O 10, M r N C27 Q Cil r r O O r r NpLnLn00QlOlCTlrCilrrr-- r--1 w a r6CL LL. O W N N O J t.t_ O W F - Q O D W H O CL W W O r L 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