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HomeMy WebLinkAboutCity Council Packet 01-12-1987CITY OF PLYMOUTH A G E N D A SPECIAL COUNCIL MEETING JANUARY 12, 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. FORUM 7:00 P.M. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. CONSENT AGENDA 5. MINUTES - Approval of Minutes of the Regular Council meeting of January 5, 1986 6. PUBLIC HEARINGS A. Groves Office Park Area, street and utility improvements, Project 648 B. Harrison Hills 2nd Addn., vacation of utility and drainage easements C. Criterion MPUD, Outlot B, vacation of easement D. Suburbandale of Parkers Lake, vacation of Kingsview Lane 7. PETITIONS, REQUESTS AND COMMUNICATIONS A. Begin Contracting Co., Cottonwood Retail Center. Final Plat at southeast corner of I-494 and C.R. 9 86085) 7. PETITIONS, REQUESTS AND COMMUNICATIONS r B. Bond Releases for Site Performance Agreements: 1) Minneapolis Auto Auction (Oakmar Site) located at 1605 C.R. 18 (85075) 2) Quality Homes. Sagamore condominium building No. 7 located at 4385 Trenton Lane (84018) 3) Lundgren Brothers Const. Co. Mission Ponds located at the northwest corner of 36th Ave. and Zachary Lane (A-338) 4) Cates Construction Co. Mid -Co TV located at 3440 Kilmer Lane (84074) C. Bond Reductions for Site Performance Agreements: 1) Construction 70. Daybridge Learning Center located at 3050 Fernbrook Lane (85036) 2) U -Do Carwash located at 14440 28th Place 85109) 3) Reynolds Construction Inc. Perkins Restaurant located at 2945 Empire Lane 86101) 4) Stuart Corporation. Summer Place Apartments located at 15300 37th Ave. (86014) D. Resolution setting public improvement hearing on Project 507, Parkers Woods Addition, for February 2, 1987 E. Resolution establishing No Parking on 30th Ave. east of East Medicine Lake Boulevard F. Receive engineering report and order Project 702, Berg 2nd Addition utilities 8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Request to abate interest on special assessments B. Report on Chelsea Woods Homeowners' request C. Acceptance of PRAC Annual Report for 1986 9. ADJOURNMENT M I N U T E S REGULAR COUNCIL MEETING JANUARY 5, 1987 A regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Cham- bers of the City Center at 3400 Plymouth Boulevard on January 5, 1987. PRESENT: Mayor Schneider, Councilmembers Crain, Sisk, Zitur, and Vasiliou, Assistant Manager Boyles, Public Works Director Moore, Planning Director Tremere, Park Director Blank, City Attorney Thomson, and City Clerk Brandt ABSENT: None CONSENT AGENDA MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt the consent agenda deleting items 6-K and 6-F-2. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to approve the minutes of the December 15 regular Council meeting as corrected. Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS Neal Gustafson, 5185 Holly Lane, stated he has no objection to the addition, but questioned the plans for traffic control. Mayor Schneider stated that when the conditional use permit is to be renewed in August, the City will be looking at the traffic and parking problem. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 87-01 APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR WILLIAM DEZIEL FOR HOLLYDALE GOLF COURSE (86132). Motion carried on a Roll Call vote, five ayes. s CONSENT AGENDA Item 4 MINUTES - REGULAR MEETING, DECEMBER 15, 1986 Item 5* HOLLYDALE GOLF COURSE C.U.P. AMENDMENT 86132) Item 6-A RESOLUTION NO. 87-01 HOLLYDALE GOLF COURSE C.U.P. AMENDMENT 86132) Item 6-A Regular Council Meeting January 5, 1987 Page 2 The request is to add a third stall to an existing double garage which would require a 2 ft. sideyard variance. The Mayor noted information was submitted to the Council this evening. Director Tremere stated that the Board of Zoning Adjustments and Appeals denied the request for a variance for the following reasons: 1) variance criteria had not been met; 2) an addition could be con- structed within the ordinance requirements; and 3) approval would establish an undesirable precedent. The ordinance would allow a detached garage and an alternate attached garage design is feasible. He believes BOZA's decision was accurate since the denial was based on the fact that this was a design problem and not a problem caused by the ordinance. Louis Cosentino, 2435 Holly Lane, stated that, because of the slope of his driveway, they have had cars slip out onto the street in the winter. This requires the car to be garaged. Also because of this slope, they need a large garage door to allow safe entry. The hardship is caused by the ordinance and the circumstance is not his creation. The proposed garage will not cause a problem in the neighborhood whereas constructing a detached garage would. He pointed out that there are many other homes in the neighborhood that have reduced setback requirements and submitted letters from the neighbors approving the plan. Councilmember Zitur stated he found it difficult to believe the cars slide down the driveway. Other Councilmembers stated a detached garage would not be aesthetically desirable. Lawrence Marofsk , Chairman of the Board of Zoning Adjustments BOZA), agreed that a detached facility would not be the most desirable design. The problem they had was that, to cure the winter driveway problem, they would have to create a level place to park the third car; it doesn't have to be a garage. At the BOZA meeting it was presented to have a 9 ft. door and this was what they considered, not a 10 ft. door as discussed tonight. The Board believed a 9 ft. door could be provided with a new garage without a variance. Mr. Marofsky stated that there may have been variances on lot size granted in this area, but, if a setback variance is granted on the basis of a lot of adequate size, how will they handle variance requests on lots of inade- quate size. The precedent is focused on the setback dimension, not the lot size. BOZA has not seen the attachments Mr. Cosentino distributed to the Council tonight and they did not consider the 10 ft. door. Based on the information they received, they believe their decision was well founded. He stated their next meeting is Tuesday, January 13 and they could reconsider the request with the new information presented tonight. Mr. Cosentino stated he could wait. r BOZA APPEAL LOUIS COSENTINO Item 6-B Regular Council Meeting January 5, 1987 Page 3 Councilmember Sisk pointed out that if there is no suggestion to move the sidewall, it would be pointless to send this back to BOZA. Mayor Schneider stated that, if there have been variances grant- ed in the neighborhood, Mr. Cosentino's request would not be setting a precedent. Staff should verify the information sub- mitted to determine the extent zoning variances have been grant- ed. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to remand the request to the Board of Zoning Adjust- ments and Appeals for reconsideration with the additional evi- dence they did not have the opportunity to review on December 9. Motion carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Vasiliou, that staff research and report to the Council and Planning Commission on the rationale for the 6 ft. sideyard set- back allowed by the Zoning Ordinance for a detached garage. Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-02 APPROVING RENEWAL OF CONDI- TIONAL USE PERMIT FOR MINNEAPOLIS AUTO AUCTION (85074). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 87-03 APPROVING RENEWAL OF CONDITIONAL USE PERMIT FOR MINNEAPOLIS AUTO AUCTION (85075). Motion carried on a Roll Call vote, five ayes. Councilmember Vasiliou asked whether further expansion would be necessary. Bill Craig, C.O.M.B. Company, stated the antenna could handle many channels and additional capacity would not be necessary. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 87-04 APPROVING A CONDI- TIONAL USE PERMIT FOR C.O.M.B. COMPANY (86135). MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to add a finding as condition No. 9 to read as follows: That there is a topographical depression in the land and the tower is the only way to achieve a straight line contact with the tower at the downtown Pillsbury Center. RESOLUTION NO. 87-02 APPROVING RENEWAL OF C.U.P., MINNEAPOLIS AUTO AUCTION (85074) Item 6-C* RESOLUTION NO. 87-03 PPROVING RENEWAL OF C.U.P., MINNEPOLIS AUTO AUCTION (85075) Item 6-C* C.O.M.B. COMPANY C.U.P. (86135) Item 6-D RESOLUTION NO. 87-04 APPROVING C.U.P. C.O.M.B. COMPANY 86135) Item 6-D Regular Council Meeting January 5, 1987 Page 4 Motion carried, five ayes. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, that this topic be put on the agenda for the' next Joint meeting with the Planning Commission. Motion carried, five ayes. Ken Plant, 1835 Black Oaks Lane, President of the Chelsea Woods Association, stated the problem they all face is the identifica- tion of the cause and spread of the fire. He noted that it looks like the fire codes were not met when these units were built. They are concerned with the horizontal and vertical spread of the fire and are requesting these two areas be inspec- ted. They would like the City to pay for these inspections since it was not the fault of the buyers that codes were not met. Councilmember Vasiliou stated the residents have acted respon- sibly and ask that their request be acted on as soon as possible. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Vasiliou, that the Council direct staff and the city attor- ney to expeditiously evaluate and provide a report with recom- mendations on the subject. Director Carlquist stated that, to date, the investigation has proceeded as to the cause of the fire. He stated it is his understanding that the doors used on the fireplace may have been the problem. At the time these units were built, the fire and building codes called for the manufacturer's instructions to be followed on the type of door to put on this particular brand of fireplace. This has not always been done. He suggested the homeowners check their owner's manual as to the type of doors required. Councilmember Vasiliou pointed out that the unit fire did not reach the stage of involvement it did in eight minutes. The homeowner tried to put the fire out himself anywhere from 30-45 minutes before calling the fire department. Mr. Plant noted that the Association will have a meeting with the fire department on January 15 to discuss fire safety and prevention. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to amend that the study be inclusive of the necessary inspections to determine the fire potential of units in Chelsea Woods. CHELSEA WOODS Kegular council Meeting January 5, 1987 Page 5 Assistant Manager Boyles stated clude removal of walls or wall struction of the dwellings. the inspection would have to in - sections to determine the con - Discussion followed on the type of inspection necessary and the misuse of fireplaces which cause fires. Assistant Manager Boyles stated the Council should discuss the type of inspection and the City's liability before directing the staff. Councilmember Crain stated his concern that Council and staff know what type of inspection be made, by whom, the cost for them, and who should pay. He doesn't feel sufficient informa- tion is available now to make this determination. Director Tremere suggested there are options which could be un- dertaken by the residents who have immediate concerns about the safety of their units and fireplaces. There are certified in- spectors available to make inspections which could be done now at the residents expense. City staff can develop information for the Council this week as to needed resources and costs, as well as the type of inspections needed. Attorney Thomson stated one of the issues the Council should consider, before deciding whether or not to undertake inspec- tions, is, is there an increased potential of liability in doing that. He has not fully explored this question. In 1979, the Minnesota State Supreme Court ruled that a city is not responsi- ble to enforce a code but that the building code exists to get builders to meet it. For the City to accept the liability by Inspection of each premises now would increase the City's poten- tial future liability. Councilmember Sisk clarified that the fastest remedy for the residents is to hire an outside inspector to determine what needed to be done to upgrade the fire safety of their homes and if they were indeed built to code in 1973. Councilmembers Sisk and Vasiliou withdrew their motion. Discussion continued on how to determine whether the building was in accordance with the code or not. Mr. Plant stated he hopes the staff will direct attention to what they can do for the homeowners and not what they can't do. Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 87-05 APPROVING SITE PLAN FOR HOYT DEVELOPMENT COMPANY (87127). Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 87-05 SIE PLN HOYT DEVELOPMENT 86127) Item 6-E* Regular Council Meeting January 5, 1987 Page 6 MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-06 ber Zitur, to adopt RESOLUTION NO. 87-06 APPROVING 1987 CIGAR- CIGARETTE LICENSES ETTE LICENSE. Item 6-F-1* Motion carried on a Roll Call vote, five ayes. Councilmember Crain stated his concerns are that the taxi com- TAXI LICENSE RENEWALS panies have obtained insurance as of January 1, 1987 and that Item 6-F-2 even with the state pool coverage they are not at the amount the City requires during the balance of January. He suggested the fees be increased to reimburse the City for carrying this addi- tional "insurance" for the companies. Attorney Thomson suggested that, for those licensees who do not submit proof of insurance, as required by the City, the license expire on January 31. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-07 ber Zitur, to adopt RESOLUTION NO. 87-07 APPROVING TAXI LICENSE TAXI LICENSE RENEWAL RENEWAL adding the following: "And further, if the required Item 6-F-2 certificate of insurance is not provided to the City by January 31, 1987, this license is void as of February 1, 1987." Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-08 ber Zitur, to adopt RESOLUTION NO. 87-08 APPROVING TAXI DRIVER TAXI DRIVER LICENSES LICENSES adding the following: "And further, if the required Item 6-F-2 certificate of insurance is not provided to the City by January 31, 1987, this license is void as of February 1, 1987." Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-09 ber Sisk, to adopt RESOLUTION NO. 87-09 APPROVING THE SELECTION SELECTION OF 1987 OF A CONSULTANT FOR THREE NEIGHBORHOOD PARK PROJECTS to be PARK CONSULTANT Barton-Aschman in the amount of $19,900. Item 6-G Councilmember Zitur stated he is concerned with wetlands and this firm has a biologist who will preserve them. Also, Barton- Aschman has not been involved in designing any of the City's parks and he believes they should be tried for new ideas. Mayor Schneider suggested Director Blank negotiate with Barton- Aschman on the basis that the City proceed with only two parks instead of the three which are proposed at this time. Councilmember Vasiliou stated her concern with the fact that this includes three parks and this firm has not worked in the City before. Motion carried on a Roll Call vote, five ayes. Regular Council Meeting January 5, 1987 Page 7 MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, that staff negotiate the contract in several ways: two parks be built in 1987 and what the cost of this would be; and/ or a year's delay in the third park, what kind of increase would there be for a park in 1988. Motion carried, five ayes. Director Blank stated the negotiations will include the areas UPDATING OF PLYMOUTH the City would want them to address and the cost of the work, CREEK MASTER PARK PLAN probably an hourly rate with a not -to -exceed amount. Item 6-H Discussion followed on the process, what would be included in the study, site selection of the park facilities, who decides the site, at what point, and whether PRAC should recommend a site. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-10 ber Sisk, to adopt RESOLUTION NO. 87-10 AUTHORIZING THE DIRECTOR UTHORIZING CONTRACT OF PARKS AND RECREATION TO NEGOTIATE A CONTRACT WITH BRAUER AND UPDATING OF COMPREHEN- ASSOCIATES TO UPDATE THE COMPREHENSIVE PLAN FOR PLYMOUTH CREEK SIVE PLAN, PLYMOUTH PARK. CREEK PARK Item 6-H Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, directing staff to resurrect the grid system as to the selection criteria for the two sites of the community center and provide it to PRAC for recommendation to the Council. Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-11 ber Zitur, to adopt RESOLUTION NO. 87-11 REDUCING DEVELOPMENT BOND REDUCTION BOND, WOODLANDS ADDITION (84030) to $41,805. WOODLANDS ADDN. 84030) Motion carried on a Roll Call vote, five ayes. Item 6-I-1* MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-12 ber Zitur, to adopt RESOLUTION NO. 87-12 REDUCING DEVELOPMENT BOND REDUCTION BOND WOODLANDS 2ND ADDITION (86059) to $15,523 public and $5,600 WOODLANDS 2ND ADDN. private. (86059) Item 6-I-2* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-13 ber Zitur, to adopt RESOLUTION NO. 87-13 INSTALLATION OF STOP INSTALLATION OF SIGNS. STOP SIGNS Item 6-3* Motion carried on a Roll Call vote, five ayes. Regular Council Meeting January 5, 1987 Page 8 Councilmember Sisk asked whether there was an actual need for these no parking signs.. Discussion followed on the chance of accidents in these areas as a result of on street parking, which other streets in the City will need to be posted, and how to make the posting uniform. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to adopt RESOLUTION NO. 87-14 APPROVING AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON VARIOUS STREETS. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-15 REQUEST FOR PAYMENT NO. 12 AND FINAL, C.R. 61 IMPROVEMENT PROJECT, PROJECT NO. 216 AND NO. 534 in the amount of $50,094.33 to Bury and Carlson, Inc. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 87-14 AUTHORIZING NO PARKING SIGNS Item 6-K RESOLUTION NO. 87-15 REQUEST FOR PAYMENT C.R. 61 IMP. PROJECT PROJECTS 216 & 534 Item 6-L-1 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-16 Zitur, to adopt RESOLUTION NO. 87-16 APPROVING FINAL PAYMENT FOR REQUEST FOR PAYMENT VEIT AND COMPANY in the amount of $998.46 for Parkers Lake PARKERS LAKE DEMOLITION Demolition. Item 6-L-2 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-17 RECEIVING PETITION FOR CAPITAL IMPROVEMENTS PROJECT, 34TH AVE/ANNAPOLIS LANE EAST OF FERNBROOK LANE, CITY PROJECT NO. 715. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-18 RECEIVING PETITION FOR CAPITAL IMPROVEMENTS PROJECT, 22ND AVENUE AND VICKSBURG WEST AD- DITION, CITY PROJECT NO. 714. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-19 MINNESOTA DEPARTMENT OF TRANSPORTATION, FEDERAL AID FORM NO. III, AGENCY AGREEMENT. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-20 AUTHORIZING THE PURCHASE OF EIGHT 1987 MODEL POLICE PATROL VEHICLES. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 87-17 RECEIVE PETITION IMP. PROJECTS 34TH AVE/ANNAPOLIS LANE, PROJECT 715 Item 6-M-1* RESOLUTION NO. 87-18 RECEIVE PETITION IMP. PROJECTS 22ND AVE & VICKSBURG PROJECT 714 Item 6-M-2* RESOLUTION NO. 87-19 MnDOT AGENCY AGREEMENT Item 6-N* RESOLUTION NO. 87-20 AUTHORIZING PURCHASE 1987 PATROL VEHICLES Item 6-0* 0 Regular Council Meeting January 5, 1987 Page 9 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-21 Zitur, to adopt RESOLUTION NO. 87-21 AUTHORIZING AGREEMENT, AUTHORIZING AGREEMENT TRAFFIC SIGNAL, COUNTY ROAD 18 AND BETTY CROCKER DRIVE, CITY TRAFFIC SIGNAL PROJECT NO. 713. Item 6-P* Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 87-22 1987 PERFORMANCE STAN- DARDS AND MEASUREMENTS, CITY MANAGER. Councilmember Vasiliou stated she agreed with the changes made as a result of the previous discussion, she does have problems with the cash bonus and her concern that the City Manager is payed a fair wage but cannot agree on a cash award when the other employees are not a part of it. MOTION was made by Mayor Schneider, seconded by Councilmember Crain, to split the issues. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 87-22 1987 PERFORMANCE STANDARDS AND MEASUREMENTS, CITY MANAGER excluding the matter of performance incentive. Councilmember Sisk stated this is not a Job description but a participation in the goals and objectives the Council has set for itself. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 87-23 ADOPTING A 1987 PERFOR- MANCE INCENTIVE of up to $4,500 for the City Manager. Motion carried on a Roll Call vote, four ayes. Councilmember Vasiliou voted nay. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-24 APPOINTING DEPUTY MAYOR FOR 1987 to be Councilmember Crain. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-25 APPOINTING OFFICIAL NEWS- PAPER to be Post Publishing for 1987. Motion carried on a Roll Call vote, four ayes. Councilmember Vasiliou voted nay. RESOLUTION NO. 87-22 1987 PERFORMANCE STANDARDS AND MEASURE- MENTS, CITY MANAGER Item 7-A RESOLUTION NO. 87-23 PERFORMANCE IN E TIVE Item 7-A RESOLUTION NO. 87-24 DEPUTY MAYOR FOR 1987 Item 7-B RESOLUTION NO. 87-25 DESIGNATING OFFICIAL NEWSPAPER Item 7-B Regular Council Meeting January 5, 1987 Page 10 9 MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-26 APPOINTING OFFICIAL DEPOSI- TORIES FOR CITY FUNDS FOR 1987. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-27 RATIFYING SURETY AND BLAN- KET BONDS FOR CITY EMPLOYEES FOR 1987. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-28 DESIGNATING CITY HEALTH OFFICER FOR 1987 to be Dr. Doug Lowin. Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Crain, to adopt RESOLUTION NO. 87-29 APPOINTING COUNCIL COORDIN- ATING REPRESENTATIVES FOR 1987. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to appoint Edie Kargas to another term as repre- sentative to the Northwest Hennepin Human Services Council. Motion carried, five ayes RESOLUTION NO. 87-26 OFFICIAL DEPOSITORIES Item 7-B RESOLUTION NO. 87-27 RATIFYING SURETY & BLANKET BONDS FOR 1987 Item 7-B RESOLUTION NO. 87-28 DESIGNATING CITY HEALTH OFFICER FOR 1987 Item 7-B RESOLUTION NO. 87-29 APPOINTING CCR'S FOR 1987 Item 7-B MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-30 ber Vasiliou, to adopt RESOLUTION NO. 87-30 DESIGNATING REPRE- DESIGNATING REP. TO SENTATIVE AND ALTERNATE TO THE SUBURBAN RATE AUTHORITY FOR 1987. SUBURBAN RATE AUTHORITY Item 7-B Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-31 ber Vasiliou, to adopt RESOLUTION NO. 87-31 DESIGNATING REPRE- DESIGNATING REP. TO SENTATIVE AND ALTERNATE TO THE BASSETT CREEK WATER MANAGEMENT BASSETT CREEK COMM. COMMISSION. Item 7-B Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-32 ber Vasiliou, to adopt RESOLUTION NO. 87-32 DESIGNATING REPRE- DESIGNATING REP. TO SENTATIVE AND ALTERNATE TO THE ELM CREEK WATERSHED MANAGEMENT ELM CREEK WATERSHED COMMISSION. Item 7-B Motion carried on a Roll Call vote, five ayes. Regular Council Meeting January 5, 1987 Page 11 i MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-33 ber Vasiliou, to adopt RESOLUTION NO. 87-33 DESIGNATING REPRE- DESIGNATING REP. TO SENTATIVE AND ALTERNATE TO THE SHINGLE CREEK WATERSHED MANAGE- SHINGLE CREEK COMM. MENT COMMISSION. Item 7-B Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Schneider to appoint Mary Patterson to a term on the S.D. 284 Community Education Advisory Council. Discussion followed on the timing of the appointment and the fact that Director Blank's term won't be up until July, 1987. Councilmember Zitur and Mayor Schneider withdrew their motion. MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 87-01 Zitur, to adopt ORDINANCE NO. 87-01 RELATING TO THE SALE, CON- AMENDING LIQUOR SUMPTION, AND DISPLAY OF ALCOHOLIC BEVERAGES: ADDING NEW SEC- ORDINANCE TIONS TO THE PLYMOUTH CITY CODE; REPEALING PLYMOUTH CITY CODE Item 7-C SECTION 1200, 1205, AND 1210. Motion carried on a Roll Call vote, five ayes. Mayor Schneider noted that applications for the various board APPLICATIONS AND INTER - and commission openings will remain open until January 16. Jan- VIEWS FOR BOARD AND uary 26 and 27 were established as dates on which to schedule COMMISSION VACANCIES interviews of the applicants. Item 7-D OTHER BUSINESS MOTION was made by Councilmember Zitur, seconded by Councilmem- OTHER BUSINESS ber Vasiliou, that a written report on the Council Chamber's sound system be supplied to the Council. Motion carried, five ayes. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, that, in response to the Minnesota NBA Basketball re- quest for input on name selection, the Minnesota Timber Wolves be chosen. Motion carried, three ayes. Councilmembers Sisk and Vasiliou abstained. Councilmember Sisk suggested that the schedule "Get Acquainted" meetings not be held. Councilmembers Vasiliou and Zitur agreed. The Mayor directed that the meetings should be deleted from the calendar. The meeting adjourned at 11:37 p.m. i CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 6, 1987 For Council Meeting of January 12, 1987 e TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: Public Improvement Hearing: Street and Utility Improvements Groves Office Park Area City Project No. 648 The City Council has established a public improvement hearing for the above utility and street improvement project for January 12, 1987. Attached herewith is the informational handout material for the hearing. Since the notices were mailed to the property owners we have received numerous inquiries with regard to the proposed improvements. Attached is a letter received from one property owner objecting to the proposed assessments. Also attached is a resolution for City Council consideration at the conclusion of the public hearing. This resolution orders the project and directs the consulting engineer to proceed with plans and specifications for construction of the utility and street improvements. A, -, "!:" g4, " Sherman L. Goldberg, P.E. SLG:kh Attachments: Handout Materials Resolutions Map Letter CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS GROVES OFFICE PARK AREA STREET AND UTILITY IMPROVEMENTS PROJECT NO. 648 WHEREAS, Resolution No. 86-832 of the City Council adopted the 15th day of December, 1986, fixed a date for a public hearing with respect to utility and street improvements in the Groves Office Park Area; and WHEREAS, the proposed project includes the installation of watermain, sanitary sewer, storm sewer and street improvements in the Groves Office Park Area; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 12th day of January, 1987, at which time all persons desiring to be heard were given an opportunity to be heard thereon; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such improvement is hereby ordered as proposed in the council resolution adopted December 15, 1986. 2. Strgar-Roscoe-Fausch, Inc. is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. autM Burns & Rezac Inc. 6301 Central Ave. N.E. Fridley, Minnesota 55432 574-9919 INCOME TAX - ACCOUNTING - FINANCIAL TAX PLANNING - PENSION PLANS - ANNUITIES - REAL ESTATE TAX SHELTERS f r rt December 31, 1986 Judy McMillin Assistant City Clerk Plymouth City Center 3400 Plymouth Boulevard Plymouth, MN 55441 Dear Ms. McMillin: I received your notice of special assessments. I cannot be at the meet- ing, but this is my official response that Southshore Properties, a Minnesota General Partnership, who owns a 17 -unit apartment building, is against the proposed assessment. I feel it is not necessary and that we are adequately being furnished by utilities at this time. The real estate taxes are an extreme burden on us as it is and with an additional $14,880 in assessment, it is just too much. Government must stop spending. Very truly yours, Gene Rezac General Partner Southshore Properties GR/as Since 1949 - Over 30 Years in Business - Since 1949 formerly Burns Brothers Tax Consultants — The only change is the name) AGENDA FOR PUBLIC HEARING CITY PROJECT NO. 648 - GROVES OFFICE PARK AREA STREET AND UTILITY IMPROVEMENTS January 12, 1987 - 7:30 P.M. 1. Call to Order - Mayor Schneider presiding, 7:30 p.m. at the City Council Chambers. 2. Introduce Councilmembers, Staff and Consultant - Mayor Schneider. 3. Purpose of meeting - Virgil A. Schneider, Mayor. a. The Council and staff, after careful consideration, have decided to condsider the installation of improvements to the area listed above. b. Our citizens will have an opportunity to question these proposed improvements and express their views. 4. The meeting was carefully and thoroughly announced in three ways: a. Notices were published in the Plymouth Post as required by law. b. Written notice was mailed to each property owner in the improvement area as shown by the records of the Henenpin County Auditor's tax statement mailing list. c. Announcements and discussions at Council meetings. 5. The procedure for the hearing will be as follows: a. Write name and address on blue card. b. Pass card to person collecting them or give them to the Mayor. c. When your name is called, come up to the microphone. d. Please speak clearly into the microphone so that all may benefit from your remarks. e. No one may speak twice until all others who wish to have done so. Please give your name and address each time you speak. 6. Description of project: a. Project description and cost - Strgar/Roscoe/Fausch, Inc., Consultant b. Assessment policies and procedures - Fred G. Moore, Director of Public Works. 7. Open Hearing. 8. Close Hearing. 9. Determination of Council. PUBLIC HEARING INFORMATION SHEET GROVES OFFICE PARK AREA STREET AND UTILITIES IMPROVEMENTS PROJECT NO. 648 JANUARY 12, 1987 - 7:30 p.m. I. GENERAL The public hearing will discuss the aspects of the proposed project together with the estimated costs thereof. This handout will help explain the costs related to the proposed construction. II. SCOPE The proposed project is divided into three segments which include the construction of 10th Avenue from the present terminus East of Bassett Creek to South Shore Drive with B-618 concrete curb and gutter, storm sewer, watermain and extension of sanitary sewer to service parcels not presently served. The street would be constructed to a 52 foot wide major collector street. The next segment of this project involves the upgrading of the existing frontage road North of T.H. 55 and West of C.S.A.H. 18 between Quaker Lane and 8th Avenue with B-618 concrete curb and gutter and storm sewer. The street would be constructed to to a 40 foot wide major collector street. The third segment of this project involves the signalization and geometric improvements at the intersection of 13th Avenue with the C.S.A.H. 18 East and West frontage roads. A. Sanitary Sewer Sanitary sewer service would be provided to the properies adjacent to 10th Avenue, not presently served. This sewer would drain Easterly and connect to the existing 8" sewer at the current 10th Avenue terminus East of Bassett Creek. B. Watermain The proposed watermain consists of extending a 12" trunk watermain from its current end point to a junction with the existing 8" main at South Shore Drive on 10th Avenue. This would complete a major trunk loop in the Plymouth Water Distribution System. A short segment of 8" watermain is also proposed to be installed connecting Plymouth and Golden Valley Distribution Systems on 13th Avenue. This connection will allow for transfer of water between the Cities when deemed mutually beneficial. C. Storm Sewer The runoff which flows onto 10th Avenue will be collected by catch basins and conveyed through storm sewer pipe to separate drainage districts. The Easterly system will drain to Bassett Creek and the Westerly system will connect to existing storm sewer at South Shore Drive near T.H. 55. All of the runoff on the frontage road would be collected by catch basins and conveyed to storm sewer pipe to Bassett Creek. D. Streets It is proposed to construct 10th Avenue from its present terminus East of Bassett Creek to South Shore Drive to a major collector street as shown on the City's Comprehensive Thoroughfare Guide Plan. The street section would consist of a nine ton 52 foot wide roadway with B-618 concrete curb and gutter. It is also proposed to upgrade South Shore Drive Southerly of 10th Avenue and to realign the 10th Avenue South Shore Drive connection. It is also proposed under this project to upgrade the existing frontage road North of T.H. 55 and West of C.S.A.H. 18 to a 40 foot wide 9 ton bituminous street section with concrete curb and gutter. The 40 foot width would provide for three traffic lanes, two for Eastbound traffic, and one for Westbound traffic. The final phase of the proposed project includes the widening of 13th Avenue between the C.S.A.H. 18 East and West frontage roads to a 52 foot wide section. This will provide two full width lanes in each direction to accomodate left turn movements and through traffic. Traffic signal systems are proposed to be installed at both intersections. III. COST ESTIMATE AND PROPOSED ASSESSMENTS Estimated Proiect Costs: Street and Storm Sewer $1,897,698 Watermain 99,993 Sanitary Sewer 82,020 2,079,711 Street and Storm Sewer 52' wide 9 ton street assessed at $138/front foot = 44' wide 9 ton street assessed at $110/front foot = 40' wide 9 ton street assessed at $ 96/front foot = City Cost Sanitary Sewer Sanitary sewer cost assessed City Cost Watermain 12" watermain assessed at $32.78/front foot City Cost Total Estimated Cost to be Assessed Total Estimated City Cost 151,800 261,140 307,200 1,177,558 1,897,698 78,976 3,044 82,020 88,539 11,454 99,993 887,655 1,192,056 r f ASSESSMENT AREA CITY OF PLYMOUTH GROVES OFFICE PARK AREA CITY PROJECT NO. 648 R.L.S. W. IM 1 4 ASSESSMENT AREA CITY OF PLYMOUTH GROVES OFFICE PARK AREA CITY PROJECT NO. 648 R.L.S. W. IM 1 4 v_i LQ LL J O a N YW x a a 0 / N30-100 z z avow W W Q Q S S H m VN K G% I z it LU 3AW. E. 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I I r 22-0015 22-001, 22-0003 W G W im 22-0006 = H O 0 22-0022 23-0042 22-0013 22-0014 22-0p18 y 25-0019 TEMPOR ONNECTtON 22-0012 N%)E 10.1 N /_ 2.'0021 t HOT RC LS ARE L ED iN 36, T.118, R. STRGAR-RO SCOE-FAUSCW !,N(' CITY OF PLYMOUTH FIGURE 4 ONS( 11INGEN(l1NEENS•IrNO . 4OEYI)4S GROVES OFFICE 10TH AVENUE - SOUTH SHORE DRIVE 630 T WE EVE OARS CENT E4., 55°° AYZA'ASLVD PARK AREA INTERSECTION LAYOUT MIN NETONMA MINNESOTA 55791 6'I' MINNE° CITY PROJECT NO. 648 COMMISSION NO. 0660763 e N 32_00,7 22_00,6132_OC,2 22- ¢ _- _ _,- 0095 22-0015 22-0006 h O O O C O O h O 22-0022 ) hh N N I 36-0012 III 25-000 / 25 019 26- 18 Y. 25- 20 1 Y. I I 21-0003 21-0002 8- SAN. SEWER 24-0001 I— 12-0007 LEGEND PROPOSED SANITARY SEWER o----- <---o EXISTING SANITARY SEWER PROPOSED WATERMAIN I-4 -I -r EXISTING WATERMAIN 25-0025 PARCEL NUMBER (ALL PARCELS LOCATED IN SEC. 36, T. 118, R. 22 13-0009 A OF PLYMOUTH FIGURE 11DSTRGA&ROSCOE-FAUSCH.INC. PROPOSED SANITARY SEWER ANDGROVESOFFICEPARKAREAWATERMAIN IMPROVEMENTS- CITY PROJECT NO. 648m.taaow 10TH AVE. NO. COMMISSION NO 0610763 63 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 7, 1987 For Council Meeting of January 12, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: Vacation of Utility and Drainage Easements Harrison Hills 2nd Addition Lots 1 and 2, Block 2 The owner of Lots 1 and 2, Block 2, Harrison Hills 2nd Addition property have requested that certain utility, and drainage easements be vacated in order to combine the two lots so he can build a swimming pool. We recommend that the Council adopt the attached resolution approving the vacation. 1 Sherman L. Goldberg, P.E. SLG:kh Attachments: Map Resolution U CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City. Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: iCXX XXX X YX introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING THE VACATION OF CERTAIN UTILITY AND DRAINAGE EASEMENTS LOTS 1 AND 2, BLOCK 2 HARRISON HILLS 2ND ADDITION I - WHEREAS, a petition was received to vacate certain drainage and utility easements in Harrison Hills 2nd Addition; and WHEREAS, a public hearing with respect to said vacation was scheduled for January 12, 1987 in accordance with Minnesota Statutes 412.851 as amended; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of January 12, 1987; and WHEREAS, the Council did hold a public hearing on January 12, 1987 to inform any and all interested parties relevant to the vacation of easements in Harrison Hills 2nd Addition; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the following drainage and utility easements be vacated: An easement for drainage and utility purposes over the East 6 feet of Lot 2 and over the West 6 feet of Lot 1, Block 2, Harrison Hills 2nd Addition, Hennepin County, Minnesota except that part of said easement which lies within the North 6 feet and the South 10 feet of said Lots 1 and 2. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. iCXX CiCX 40 gee OJ TI OT C •16• t • (9) 1 1 - - " T - - - - - - 1- q\'1. - - res' a "i"• _ S - 175.19' S HEST 405.73 c 44)51 Wlf , 5 4 SURVEY l )E 7 „ _ o (38 n 54} , 7.76' I Itp r 9,(47) i°: 5 4 1 I x—(52) ^(51) =( 50) x(10 1'A to 58) rr ° ( t ' , 157.27 rte. 1, , \,o (43) jJ•5 0 $ c \ x•79 o A4. 2611 ` (42) a 9c ,2' V / \ 1p .'s a r i'(49) e 25 2 rI> . 97. 93' 31. k r FFFF I o ( 60) '' \ p 14 291 I q 20 17' 25_ ry67) 4 '. 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'f r 1 I \ALA 1 /S..v 1 • `\ opl Itldrs) T p(0 / i aDi 17 s441: 1 3g i Utilitrastmc'f 5 s 67 a 75 2s%76 608Al. 87°34'06"1--,: —_ \ 1 \ , 7o•s' 6\ \\; 7 I j107.76 r - -'q it • 1 c; a $ I Iz it0.00 1 7o.op1# yy • 1• \ ll 1 \.i deal !'' •\h vI -• '11. a 1 pp i '. I (n 1 s.: • ` @ i a ka ` Ir. a= r g 1 $ Y ' l 30; - r N I d~• p\ ' V`` I f pL\ I IZ0=IT•...''1 g /0 3 tis ys,3d3Z al `la rt I . 96 V 1 87.25 - _ / Z 14 VU 1' 24 3qS. 5 bs g tg I'l °°_ 2 _ a. x, 34 11 a , _ fly p 4 d 7e`p g• b « 1 $ I M 47 Y ' lr '^ N'7 n2 9 7 g r Q=1°' / .s A 2s vQ d =?;`aI'l 1• >, Z , " gam 4 5's ..,Q= . of _ t Z ijs a l I s o: ` ? \\ S! 27" ca, o• , °` sbs•• -- `• r tOd m 1 = 4219y1'y 4G 4, -76• t^- N 1• '^----.--- t 1 ° ,_t' _` 1 1 ± CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 7, 1987 For Council Meeting of January 12, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, irector of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: Vacation of Utility Easements Outlot "B" Criterion M.P.U.D. (86139) Clock Tower" Project L The developers of the above referenced development have requested that certain utility easements be vacated to fit into their overall develop- ment plan for "Clock Tower" by Trammell Crow Company. We would recommend that the Council adopt the attached resolutions authorizing the vacation and setting conditions. Sherman L. Goldberg, P.E. SLG:kh Attachments: Map Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING THE VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS IN OUTLOT "B" CRITERION M.P.U.D. WHEREAS, a petition was received to vacate certain drainage and utility easements in Outlot "B" Criterion M.P.U.D.; and WHEREAS, a public hearing with respect to said vacation was scheduled for January 12, 1987 in accordance with Minnesota Statutes 412.851 as amended; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of January 12, 1987; and WHEREAS, the Council did hold a public hearing on January 12, 1987 to inform any and all interested parties relevant to the vacation of said easements in Criterion M.P.U.D.; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the following drainage and utility easements be vacated: 1. A utility easement in favor of the City of Plymouth over the East 15.00 feet of the West 275.00 feet of Outlot B of Criterion M.P.U.D. (as contained in Document No. 4581071). The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - DIRECTING THE CITY CLERK WITH RESPECT TO THE FILING OF RESOLUTION NO. 87 - VACATION OF EASEMENT OUTLOT "B", CRITERION M.P.U.D. WHEREAS, the City Council of the City of Plymouth has authorized the vacation of a utility and drainage easement in Outlot "B", Criterion M.P.U.D.; and WHEREAS, the City requires certain conditions be met before the vacation is to be effective; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA as follows: That the City Clerk is directed to not file the resolution vacating the utility and drainage easement in Outlot "B", Criterion M.P.U.D. until such time as the following conditions occur: 1. The existing sanitary sewer line in said easement is relocated and the replacement sewer is accepted by the City. 2. An easement on the new sanitary sewer is granted to the City. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 96 96L rZ . 0.1 N M 09 E n n I W Q O.OS m sz ao r Iol• o ti Q . mo N t J 0 O CIC 1 CL m Q J S 1 m fir .ctA, •o ou K1 ti p • v Sol o Or, P' v 991 N Q R3.Z1.ot.OS v _ MA L v i.... OU 991Pr- Q N Sol N t- 1(1 1f ^ v V i o.... •5.651. - 69'CS.9B-IL.E rr.. Z19rZ1m J? p rn • F llEO ? Iti m 991 b Ep u/= 1nn W Q Q v nennn OO o. 991 ti • N N y a ;I• Q o ti hk O , 1, O Q `I m ti N N i l ft R J J 1 vlr Z • Qn5 0 LLJ U co m Nt- o A.Z.O.OS a 10 OOZ c 96 96L rZ . 0.1 N M 09 E n n I W Q O.OS m C) 4F r n rri N. Q . moN t J 0 N CIC 1 CL m Q J S 1 m Ofi ou K1 ti p • v Sol o 0 P' 96 96L rZ . 0.1 N M 1 E n n I ZI O.OS m C) 4F r n rri N. Oft soot OZ ZB1 ` A b r'> L' 91 q f Chs b n n I ZI O.OS m C) r n rri N. Q . 991 t CIC 1 10 Oft m Q i 991 S 1 a00 Q Ofi ou K1 6,OC. L9 p • v Sol o 0 r+ O 01 1 v 991 N Q R3.Z1.ot.OS v _ MA L OU 991Pr- Q N Sol N t- 1(1 1f ^ v V 991 u/= 1nn W Q Q v nennn OO o. 991 v N ZB1 ` A b r'> L' 91 q f Chs Ili h \ N Qo Ln n n Sol S/1 r n rri iC v H II 'Z I \ Of 1 rvl t 40 CIC 1 10 Oft m N m m 9t S 1 Ofi ou N H 6,OC. L9 N p C) p • v Sol o 0 r+ O 01 1 e ZQ'65 69 '[R R3.Z1.ot.OS v _ I L OU Sol N t- 1(1 1f ^ v V Ili h \ N Qo eQ. aZ C r VLSI II 'Z I \ o t II'011 roell v 011, 6,OC. L9 ZL 6S'Zll n Q 96J eQ. aZ C GD CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 7, 1987 For Council Meeting of January 12, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: Vacation of Street Right -of -Way Kingsview Lane Adjacent to Lots 6 - 17, Block 2 Suburbandale on Parkers Lake The developers (W.H. Cates Construction Company) of the above referenced property have requested that certain street right-of-way easements be vacated to fit into their overall development plan for the proposed replatting of said lots. We would recommend that the Council adopt the attached resolutions authorizing the vacation and setting conditions. s Sherman L. Goldberg, P.E. SLG:kh Attachments: Map Resolution CITY OF PLYMOUTH 0 Pursuant to due call and notice thereof, a meeting of the City ,. Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING THE VACATION OF CERTAIN STREET RIGHT-OF-WAY KINGSVIEW LANE ADJACENT TO LOTS 11 THROUGH 17, BLOCK 2 SUBURBANDALE ON PARKERS LAKE WHEREAS, a petition was received to vacate certain street right-of-way, Kingsview Lane adjacent to Lots 6 through 17, Block 2, Suburbandale on Parkers Lake; and WHEREAS, a public hearing with respect to said vacation was scheduled for January 12, 1987 in accordance with Minnesota Statutes 412.851 as amended; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of January 12, 1987; and WHEREAS, the Council did hold a public hearing on January 12, 1987 to inform any and all interested parties relevant to the vacation of Kingsview Lane adjacent to Lots 6 through 17, Block 2, Suburbandale on Parkers Lake; and WHEREAS, it was determined by the City Council that said easements were not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the following street right-of-way be vacated: Kingsview Lane (originally platted as Lake Street and Lakeshore Commons) adjacent to Lots 11, 12, 13, 14, 15, 16 and 17, Block 2 Suburbandale on Parkers Lake. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 0 CITY OF PLYMOUTH Pursuant to due call and nctice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - DIRECTING THE CITY CLERK WITH RESPECT TO THE FILING OF RESOLUTION NO. 87 - VACATION OF KINGSVIEW LANE WHEREAS, the City Council of the City of Plymouth has authorized the vacation of streets in and adjacent to Parkers Woods Addition; and WHEREAS, the City requires certain conditions be met before the vacation is to be effective; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA as follows: That the City Clerk is directed to not file the resolution vacating Kingsview Lane in and adjacent to Parkers Woods Addition until such time as the following conditions occur: 1. The City Council approves the Final Plat of Parkers Woods Addition. 2. The developer enters into a Development Contract with the City for Parkers Woods Addition. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. GOV' T. LOT 3 LOT 3 q 1 Z e (51) J n4.W 1 71' L AXE AG ^ > z 52) (35) a i? 0U7L02 ham. 185.79 _ SO' to -,b zg t2..126) X3-0026 Bi. b E 429.7' m0' 10•t ( 47) 1063. 2Z' (55) 0.1.8 o 1903.95 RES. t9.93 50 o s[ q_S 85-2bB < f 7 CCG y0. IggaJT9 1' I • ( S. 2R6 ( ) ' 'S e.. S _ 3R 1_ V. 14 ito, i ( 7) ay 5 \ ' SS 57) W 6 t - ( 56) N0. Y 7 tf_ 50 1 AYE. 54 50 50 3 z _ ti n o 16_ 15 S3 t4 RI 13R _ (37) R8T5 90 50 39. 1 25 .7 1 l5 g. g 172. D5 52.6 50 1 `t )+ 10 - D = . 1 " r , 75 RIRW .( ..) !`1}50 50 / 30 ( 83) 33Sz 33R (a8)S;iw ?% 49) ? I22S23_ a t r 42) (DS) ZT o o R `' a 5p 50 p 50 50 T 50so bb V E14 l •. ! ', q 'S \ ` i5) . al 26),\h t2 o -s 5.: 75. 5 25 Z i'Ib(13 Z 5 c _/ I $ ` (27) 9 D 7 3h/ { Ji 2A) (n) (22)`` zD)13 -3 Y f 5 It I, 40 72) z ti'p14X65 34 50 6 y ss S is f32) (33) `t„ g i8n .•f 2) 7(8) ' b (30) \ 16 a(21)x$ D v , t3 ( 7t) h (`1J} y yl., • '3 a (15)- 4 - 2 .+40 zibOSNuttFLi'+t a5 c x 1 $ 10 92T 6z 9n { / >Hcvi ON P AT - t 19! :5 1 5 16) t C , O I 12 s T . h' P :14 WESTERN R.R. 1•:"vEEDS s \M• t 764 PG 65) v 03 i o z• t e2 e' o anoS j, .; 11 Lia UV ( 6) t1 5) U 1 100 100 _ I _ x VE 6 ( 5) m 237 4 '--`--- 4! 2'3.6 10TH AVE . OQ tri 7.13 rs'` a 00 o 4 9T. 12 loo a i 3 Io 155 # - 4) ! (, 11Jv (22) 2x(37) _ z 1n1'U i < i t00 , 0 / ino J - = - - 00 ' 2r9r303.6 5 96.60 ( t 4 ea' 2 S 9D. li0 5 I 16 I(6) ,. (32LLJ2) a Z c (42) — (38) , too) — ( 36') 1 -------- 1920.eo. 1 [ 199 S2a225.69 J s ,5 51- 6 6 r A - CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 6, 1987 for City Council Meeting January 12, 1987 TO: James G. Willis, City Manager FROM: Sara McConn, Community Development Coordinator through Blair Tremere, SUBJECT Community Development Director FINAL PLAT AND DEVELOPMENT CONTRACT FOR COTTONWOOD PLAZA FOR BEGIN CONTRACTING COMPANY (86085) SUMMARY: The attached Resolutions approve the Final Plat and Development Contract for Cottonwood Plaza; establish conditions to be met prior to filinq the Final Plat; and, adopting assessments. The petitioner has been provided a copy of the Development Contract and has returned an executed copy. The petitioner requests approval of a Final Plat application for the commercial development of Cottonwood Plaza located at the southeast corner of County Road 9 and Xenium Lane. The Preliminary Plat was approved by Resolution No. 86-598 by the City Council on September 29, 1986. The Development Review Committee has reviewed the proposal and finds it in substantial compliance with the approved preliminary plat and Resolution No. 83-125. 1. Resolution Approving Final Plat 2. Resolution Setting Conditions for Filing Final Plat 3. Resolution Adopting Assessments 4. Resolution No. 86-598 5. Location Map 6. Development Contract 7. Final Plat h CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 87 - APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR COTTONWOOD PLAZA FOR BEGIN CONTRACTING COMPANY (86085) WHEREAS, Begin Contracting Company has requested approval for a Final Plat for Cottonwood Plaza, a commercial plat located at the southeast corner of County Road 9 and Xenium Lane; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Begin Contracting Company for Cottonwood Plaza located at the southeast corner of County Road 9 and Xenium Lane; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR COTTONWOOD PLAZA FOR BEGIN CONTRACTING COMPANY (86085) WHEREAS, the City Council has approved the Final Plat and Development Contract for Cottonwood Plaza as requested by Begin Contracting Company; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of issuance of Building Permit. 3. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 4. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - ADOPTING ASSESSMENTS PROJECT NO 716 SANITARY SEWER AND WATERMAIN AREA - COTTONWOOD PLAZA WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of Cottonwood Plaza waiving their right to special assessment hearings covering the installation of sanitary sewer and water trunk facilities and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1988, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is $32,381.10. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a of the City of Plymouth, Minnesota was held on the 1987. The following members were present: meeting of the City Council day of , The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - ADOPTING ASSESSMENTS PROJECT NO 717 WATERMAIN LATERAL - COTTONWOOD PLAZA WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of Cottonwood Plaza waiving their right to special assessment hearings covering the installation of water lateral facilities and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1988, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments•. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is $12,493.32. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 29th day of September . 1986. The following members were present: Mayor Schneider, Concilmembers Crain, isk, Vasiliou, and Zitur The following members were absent: none Councilmember Vasiliou introduced the following Resolution and moved its adoption: RESOLUTION NO. 86-598 APPROVING PRELIMINARY PLAT AND GENERAL DEVELOPMENT PLAN FOR GREG BEGIN, BEGIN CONTRACT- ING COMPANY (86085) WHEREAS, Greg Begin has requested approval for Rezoning, Preliminary Plat and General Development Plan for Begin Contracting Company to allow the commercial development of property at the southeast corner of County Road 9 and Xenium Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear- ing on August 27, 1986; and again at the meeting on September 10, 1986, and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the Preliminary Plat and General Devel- opment Plan for Greg Begin for Begin Contracting Company for the development of property at the southeast corner of County Road 9 and Xenium Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of issuance of Building Permit. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. No yard setback variances are granted or implied. PLEASE SEE PAGE TWO Page two Resolution No. 86-598 10. Access shall be limited to internal public roads and restricted from: County Road 9. 11. The Final Plat application shall include appropriate legal documents as approved by the City Attorney, and shall be filed with the Final Plat, allowing for shared access and circulation from Vinewood Lane, along and through Lots 1 and 2, Block 2 to the adjoining property to the east, or, include appropriate right-of-way for the construction of a public frontage road. 12. Development of Lot 1, Block 1 and Lots 1 and 2, Block 2 are subject to Ordinance required reviews and approval. 13. All public road rights-of-way shall be dedicated as part of the platting action, in accordance with adopted Thoroughfare Guide Plan and Code requirements. 14. The Site Plan application for Lot 1, Block 2 shall include construction details for the proposed retaining walls. 15. Soil boring results as prepared by a Minnesota Registered Soil Engineer shall be submitted with each site plan application. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Zitur , and upon vote being taken thereon, the o ow ng voted in favor thereof: Mayor Schneider, Councilmembers Crain, Sisk, Vasiliou, and Zitur The follow ng voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. IM -M. r Co l'to w000 P 4 2 t I WFR MEtH477 a T -I -- h t - SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 1. SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of Cottonwood Plaza 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the "Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets a. Thirty-two feet (32') wide face to face curb, with concrete curb and gutter design in conformance with City Standard Plate No. None seven ton design 2. STREETS (continued) b. Collector and/or Thoroughfare Streets 52 to 74 feet wide face to face curb, nine ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. STRT-3 . Vinewood Lane - The City of Plymouth shall reimburse the Developer for the difference between a 74 foot wide and 52 foot wide street. This cost is estimated to be $14,330, and will be reimbursed to the Developer after the street has been accepted for maintenance. 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifica- tions; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1984. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7- 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Depart- ment." 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer .or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineer- ing Guidelines, City of Plymouth Engineering Department." The Developer shall pay to the City Treasurer upon execution of this Contract * Eight Thousand Six Hundred Seventy eight and 80/100 Dollars -- 8,678.80) to cover all City administration cost required in preparing and administering this Contract. * $347,152 x 2.5% _ $8,678.80. 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainge will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Con- trol, Resolution No. 84-760 or its latest revision. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the cleaning of storm sewer, ditches, ponds, etc., necessitated by erosion from said land development, the Developer's bond will include said maintenance costs as shown in Paragraph 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 30 , 19 87 . 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at at all other angle points on boundary lines. placed after all street and lawn grading has preserve the lot markers for future property 2z all lot and block corners and Iron monuments shall be been completed in order to owners. 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certi- fied check, certificate of deposit, or irrevocable letter of credit in the amount of $347,152 as shown in Paragraph 8, or a surety bond in the amount of $520,728, which is 150% of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 20% twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the city. 6.4 Prior to commencing any grading, a cash deposit in the amount of $1000 and an irrevocable letter of credit in the amount of $ 18,200, as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insur- ance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars ($25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc.) as specified: See Page 9) 8. (continued) ESTIMATED COSTS ITEM Public(l) Public(2) Private(3) Total Street Construction $ 14,330* 45,170 0- 59,500 Sanitary Sewer System 0- 51,700 0- 51,700 Watermain System 0- 25,700 0- 25,700 Storm Sewer System 0- 75,800 0- 75,800 Boulevard and Drainage Swale Sod 0- 0- 12,507 12,507 Pond or Ditch Construction 0- 0- 0- 0- Street Signs (1 x 150) 0- 150 0- 150 Park & Trail Improvements 0- 0- 0- 0- Site Grading & Drainage Improvement 0- 0- 84,600 84,600 SUB -TOTAL: $ 14,330 198,520 97,107 309,957 Design, Admin., Insp., As-Builts (12%) 11720 23,822 11,653 37,195 TOTAL: $ 16,050 2223342 108,760 347,152 1) and (2) Public Improvement Project City to own and/or maintain after development completed. 3) Private - Property owner and/or property owners' association to maintain after development completed. Letter of Cash Credit Total 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning $ 1,000 $ 18,200 $ 19,200 Estimated widening cost for Vinewood Lane to be reimbursed to Developer. See Item 2.1 b. 10- 8.2 The water and sanitary sewer area type assessments and watermain lateral assessments for this development are as follows: Sanitary Sewer Area 10.74 acres x $1,075/acre = $11,545.50 Watermain Area 10.74 acres x $1,940/acre = 20,835.60 Total Area Assessments $32,381.10 Lateral Assessment for previously installed watermain $12,493.32 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them, for both area charges and watermain lateral. The water and sanitary sewer Residential Equivalent Conection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. 9. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impas- sable, such streets shall be barricaded and closed. In the event resi- dences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets wtihin and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writ- ing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for re -shaping said streets because of snow plowing operations, and if they are requested and provid- ing snow blowing service, does not constitute final acceptance of said streets. 10. Acceptance of Subdivision in Units The City of Plymouth will accept complete construction improvements as listed in Paragraph 1 in units of one (1) block which have been com- pleted in accordance with the provisions of this contract. The Developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the Developer. The Developer shall furnish certifi- cates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar "as -built" reproducibles for all phases of construction included in this contract. 11- 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate c. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. Council on September 29, 1986 conditions. 86-598 by the City subject to 15 (fifteen) 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13. Land Dedicated for Public Use, Parks and Private Recreation Areas 13.1 Payment of Park Dedication fees -in -lieu of dedication in accordance with the Dedication in effect at the time of issuance of Building Permit. 14. Other Requirements 14.1 Compliance with the City Engineer's memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 14.3 No Building Permits shall be issued until a Contract has been awarded for sewer and water. 14.4 Street names shall comply with the City Street Naming System. 14.5 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.6 Rezoning shall be finalized with filing of the Final Plat. 14.7 No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 12- 14. Other Requirements (continued) 14.8 No yard setback variances are granted or implied. 14.9 Development of Lot 1, Block 1 and Lots 1 and 2, Block 2 are subject to Ordinance required reviews and approval. 14.10 All public road rights-of-way shall be dedicated as part of the platting action in accordance with adopted Thoroughfare Guide Plan and Code requirements. 14.11 Access shall be limited to internal public roads and restricted from County Road 9. 14.12 Soil boring results, as prepared by an approved Soils Testing Company, shall be submitted with each Site Plan application. 14.13 Appropriate legal documents, as approved by the City Attorney and shall be filed with the Final Plat, allowing for shared access and circulation from Vinewood Lane, along and through Lots 1 and 2, Block 2 to the adjoining property to the East. 13- r City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: January 2, 1987 FILE NO.: 86085 PETITIONER: Greg Begin - Jerome P. Begin Contracting Company - 13600 Rockford Road, Plymouth, MN 55441 FINAL PLAT: Cottonwood Plaza LOCATION: West of Northwest Boulevard, South of County Road 9, East of 494, in the Southeast 1/4 of Section 15. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain Area Assessment based on 10.74 Ac. x 1,940.00/Ac. = $20,835.60. Sanitary Sewer Area Assessment based on 10.74 Ac. x $1,075.00/Ac. = $11,545.50 5. Other additional assessments estimated: Lateral Assessment for previously installed watermain 640 feet x $25.84/ft. = $16,537.60 - $4,044.28 8" Service). = $12,493.32. Legal/Easements/Permits: 6. X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. U N/A Yes No 7. X All standard utility easements required for construction are provided - The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: For the Sanitary Sewer and the Storm Sewer that is to be constructed within the boundary of proposed Lot 1, Block 1; the Sanitary Sewer adjacent to the church; and the storm sewer in the parcel North of Lot 1, Block 1. 8. X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. 9. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in con- junction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR X Bassett CreekLetter dated 10-29-86 Mn DOT Minnehaha Creek X Hennepin County Elm Creek X MPCA Shingle Creek X State Health Department Army Corps of Engineers Other 2- Transportation: N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and Shall comply with Hennepin County Permit. 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on UTILITIES: 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsibile for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3- N/A Yes No 17. X Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). 18. X Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. 19. Minimum basement elevations - Minimum basement elevations must be established for the following lots. 20. X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4- N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tap. GRADING, DRAINAGE AND EROSION CONTROL: 23. X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommenda- tions shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Shall comply with Bassett Creek Permit. Drainage calculations for the temporary pond are being reviewed. SPECIAL CONDITIONS REQUIRED: 24. A. The proposed trail shown along the North property line will be constructed within County Road 9 right-of-way. A trail easement will not be necessary. B. In order that future access can be provided to the church East of the site an easement to the church over the drive aisle shall be provided by the Developer. C. All items pertaining to the Site Plan shall be reviewed with the Site Plan application. D. The Developer shall be responsible for obtaining the necessary street and storm sewer easement from Standard Oil Company and utility easement for the sanitary sewer from the church. E. Prior to any utility construction, the Developer shall provide the City with sufficient soil borings (from an approved Soils Testing Company) to ensure that there is proper support for said utilities. Submitted by: 5- 4 --3-I CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director SUBJECT Blair Tremere RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR MINNEAPOLIS AUTO AUCTION (85075) SUMMARY: Staff recommends adoption of the attached Resolution authorizing release of the Site Performance Guarantee for Minneapolis Auto Auction located at 1605 County Road 18. Planning staff inspected the site and found that all improvements have been completed. 1. Resolution 2. Site Location Map 3. Resolution No. 85-842 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 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR MINNEAPOLIS AUTO AUCTION (85075) WHEREAS, the site plan for Minneapolis Auto Auction located at 1605 County Road 18, was approved under City Council Resolution No. 85-842; and, WHEREAS, the developer submitted the required site performance guarantee in the form of a Letter of Credit in the amount of $20,000; and, WHEREAS, on notice from the developer that the required site improvements have been completed, City staff has inspected said site and recommends release of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the release of the Letter of Credit No. 595 in the amount of $20,000 submitted to guarantee site improvements for Minneapolis Auto Auction located at 1605 County Road 18. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Ar CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 21st day of October , 1985. The following members were present: Mayor Davenport, Councilmembers Crain, Neils, Schneider and Vasiliou The following members were absent: none Councilmember Neils introduced the following Resolution and moved its adoption: RESOLUTION NO. 85-842 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR MINNEAPOLIS AUTO AUCTION AT THE OAKMAR SITE, 1605 COUNTY ROAD 18 (85075) WHEREAS, the Minneapolis Auto Auction has requested a Site Plan and Conditional Use Permit Amendment to allow for outside storage of automobiles and variances for unpaved vehicle storage areas at 1605 County Road 18; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Minneapolis Auto Auction for Site Plan, Conditional Use Permit Amendment and Variances to allow for outside storage of automobiles and variances for unpaved parking of vehicle storage areas at the Oakmar site at 1605, subject to the following: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to the Minneapolis Auto Auction as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner; no outside storage of trailers is permitted. 4. There shall be no signage allowed on the property relative to the use. 5. The permit shall be renewed in one year to assure compliance with the conditions. 6. All parking shall be off-street in designated areas and not on adjoining public streets. 7. Variances include allowing parking on an unpaved surface for five years; also, stalls designed at 8.5 ft. x 18 ft. (rather than 9 ft. x 18.5 ft.) shall be used for vehicle storage only; all other stalls shall comply with Ordinance standards. 8. Appropriate legal documents between Oakmar Industries and Minneapolis Auto Auction shall be prepared, with a copy to be provided to staff, allowing for the temporary use of property owned by Oakmar Industries by Minneapolis Auto Auction. 9. If it is determined by the City or property owner that there is a greater need for parking for the use of this property, the storage of vehicles and employee parking by the Minneapolis Auto Auction shall cease so that Ordinance required parking can be provided. Page two Resolution No. 85-842 10. At the time of annual review, a written description of the use of the property and management techniques with respect to control of the loudspeaker and traffic circulation shall be provided. Included with the written description should be a copy of all flyers used to inform customers and drivers of the appropriate circulation routes on public roadways. 11. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Crain , and upon vote being taken thereon, the following voted in favor thereof: Mayor Davenport, Councilmembers Crain, Neils, Schneider and Vasiliou The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham Community Development Director Blair SUBJECT Tremere RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEES FOR QUALITY HOMES 84018) SUMMARY: Staff recommends adoption of the attached Resolutions authorizing release of the Site Performance Guarantees for Quality Homes located at 4385 Trenton Lane. Two performance bonds were submitted by this petitioner. Planning staff inspected the site and found that all improvements have been completed. 1. Resolutions (2) 2. Site Location Map 3. Resolution No. 84-359 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 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR QUALITY HOMES (84018) WHEREAS, the site plan for Quality Homes located at 4385 Trenton Lane was approved under City Council Resolution No. 84-359; and, WHEREAS, the developer submitted the required site performance guarantee in the form of a Bond in the amount of $69,000; and, WHEREAS, on notice from the developer that the required site improvements have been completed, City staff has inspected said site and recommends release of the bond; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the release of the Site Performance Bond No. C-514877 in the amount of $69,000 which was submitted to guarantee site improvements for Quality Homes located at 4385 Trenton Lane. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR QUALITY HOMES (84018) WHEREAS, the site plan for Quality Homes located at 4385 Trenton Lane was approved under City Council Resolution No. 84-359; and, WHEREAS, the developer submitted the required site performance guarantee in the form of a Bond in the amount of $21,000; and, WHEREAS, on notice from the developer that the required site improvements have been completed, City staff has inspected said site and recommends release of the bond; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the release of the Site Performance Bond No. C-514862 in the amount of $21,000 which was submitted to guarantee site improvements for Quality Homes located at 4385 Trenton Lane. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. kA WM_ r CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular Ming of the City Council of the City of Plymouth, Minnesota, was held on the 4th day of June 1984. The following members were present:Mayor Davenport, Councilmembers Moen, Neils, Schneider and Crain The following members were absent: none Councilmember Moen introduced the following Resolution and moved its adoption: RESOLUTION NO. 84- 359 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCES FOR QUALITY HOMES FOR BUILDING 7, SAGAMORE (84018) WHEREAS, Delbert Wischmann, and Randall Weestrand for Quality Homes have requested approval of a Site Plan, Conditional Use Permit and Variances for Building 7, a 36 -unit condominium building in Sagamore located north of County Road 9 and West of Revere Lane; and, WHEREAS, revised site plans for Sagamore were approved under Resolution No. 74-113 and a plat and development contract for Sagamore Addition was approved under Resolution No. 75-250 and Resolution No. 75-251; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Ptihlic Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Delbert Wischmann and Randall Weestrand for Quality Homes for a Site Plan, Conditional Use Permit and Variances for Building 7, a 36 -unit condominium building in Sagamore located north of County Road 9 and West of Revere Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Satisfaction of park dedication requirements was accomplished with the platting of the property. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor eleva- tions for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required Site Performance Agreement and financial guarantee for completion of site improvements. 5. Any subsequent phases or expansions are subject to required reviews and ap- provals per Ordinance provisions. PLEASE SEE PAGE TWO Page two Resolutions No. 84- 359 6. All waste and waste containers shall be stored within the structure and no outside storage is permitted. 7. Approved variances include: Parking and drive setbacks to the common Internal property lines for shared facilities; and, building setbacks to internal common property lines in consideration of the common development characteristics of the Sagamore project. 8. Approval of the General Development Plan Amendment, Site Plan, and Conditional Use Permit is subject to current Ordinance standards. 9. Compliance with provisions of Development Contract A-229 relative to submittal of financial guarantee for completion of required trail on the north portion of Outlot B, and the north portion of Lot 10; said trail construction to occur with construction of the public street as determined by the City Council. 10. Appropriate legal documents and easements, as approved by the City Attorney, shall be filed and recorded at Hennepin County establishing the shared use of parking and drive areas, and relative to the Homeowner Association. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Crain , and upon vote being taken thereon, the following voted in favor thereof: Mayor Davenport, Councilmembers Moen, Neils, Schneider and Crain The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR MISSION PONDS (A-338) SUMMARY: Staff recommends adoption of the attached Resolution authorizing release of the Site Performance Guarantee for Lundgren Brothers for Mission Ponds located at the northwest corner of 36th Avenue and Zachary Lane. Planning staff inspected the site and found that all the site improve- ments have been completed. 1. Resolution 2. Site Location Map 3. Resolution No. 77-558 1SSION PONDS" FOR SETTING CG;J i T i G^S TO 3 . ..T ^: ; ;'t. i ;i: ' .i+Ai. i'i_.: 0 i', nci ; r,s ;.c,::•d i in<1 r`lat and develup:nent contract forWHEREAS, the City Co! s. ter- r MiSSiG!1 Frrrjds" as requc:sted by -".SS iCiii , d,'C1rE1 Sillji, NOW Tf kE GF: i hEREB '-`; ` ;.'r G T. i C?'';' Cr)%r?' nF THE CITY CF PLYMOUTH, MIt;( ESOTA, that it srto':d, and hereby does, direct the fullowing prior to r`wding of said plat: t nr; this of Section 2, Hit v!'ti ttlth' i L 3. Eppy-U,icil Uy n. t t t t 3, anc: reducing iut width Ad j u s Woe n mac, o and tri h restrictiv ay 10 t , side 7' covenants aCi' ..v`, J. iO cl; ,.1j -I gdrdgL' Orr the West 5 of th:.• strut W-`e 5 6 16 lZME CITY OF PLYMOUTH to be placed 10 ft. apart for purposes of t t:: 3 re gu bOa :J l nz tc, yi) c", o:c=_ v:u _ce t re City of plrmuth: Minnesota >:s . e3 on ti -ie of t 9 7J he fes,` le.::.n :rav ers were y _ :.t:,bc-. 7 x,. S E' n L : „, ` r .. l 1 . • ,+„ r .. f4 a0'1 Wing meJRbeis were auscnr. mainLained as "aknieured" including`_ the tori- . or to At Rti:R A l1 No t -• zatura ° area . : eYt is:t`',n ex:s.,ny r2e cc`•..:- err l.tcd. , ire rc)) ow 1.1,) pesoJut ion znd tiYU Gt: Ca fi:,:. 1:•; .,;r j, 1SSION PONDS" FOR SETTING CG;J i T i G^S TO 3 . ..T ^: ; ;'t. i ;i: ' .i+Ai. i'i_.: 0 i', nci ; r,s ;.c,::•d i in<1 r`lat and develup:nent contract forWHEREAS, the City Co! s. ter- r MiSSiG!1 Frrrjds" as requc:sted by -".SS iCiii , d,'C1rE1 Sillji, NOW Tf kE GF: i hEREB '-`; ` ;.'r G T. i C?'';' Cr)%r?' nF THE CITY CF PLYMOUTH, MIt;( ESOTA, that it srto':d, and hereby does, direct the fullowing prior to r`wding of said plat: t nr; this of Section 2, Hit v!'ti ttlth' i L 3. Eppy-U,icil Uy n. t t t t 3, anc: reducing iut width Ad j u s Woe n mac, o and tri h restrictiv ay 10 t , side 7' covenants aCi' ..v`, J. iO cl; ,.1j -I gdrdgL' Orr the West 5 of th:.• strut W-`e 5 6 16 a' j i i ional i roject, said trees additional screening to be placed 10 ft. apart for purposes of of the project. t^ be maintained x,. no tree cover in a t;'i mainLained as "aknieured" including`_ the tori- . or to c, . rtal - hal ` be No t -• zatura ° area . : eYt is:t`',n ex:s.,ny r2e cc`•..:- err l.tcd. , The mot .cn for t1_e a =opt ion of the fore,:oing Res011 -_ *(11 .•.:: s u.y seconded by Co:,t. " P1r"'s _ and upcn vote 'veiT1 :a:I e:l :::e:eo^., the fo110•YZ.`•-..-.. ...L: _. ..__: =rC1 voi_ L L•• t, a u..._-. r. _.....-._< Q S, v. T efol'lowi'nb vol agautst or a stained: one Whereupon the Resolution was Zeclared duly pass pt A CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director SUBJECT Blair Tremere RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR CATES CONSTRUCTION (84074) SUMMARY: Staff recommends adoption of the attached Resolution authorizing release of the Site Performance Guarantee for Cates Construction for Mid -Co TV located at the 3440 Kilmer Lane. Planning staff inspected the site and found that all the site improvements have been completed. 1. Resolution 2. Site Location Map 3. Resolution No. 84-703 1 t CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR CATES CONSTRUCTION FOR MID -CO TV 84074) WHEREAS, the site plan for Cates Construction for Mid -Co TV located at 3440 Kilmer Lane was approved under City Council Resolution No. 84-703; and WHEREAS, the developer submitted the required site performance guarantee in the form of a Bond in the amount of $35,000; and, WHEREAS, the City Council under Resolution No. 85-515 reduced this bond to $5,000; and, WHEREAS, upon notice from the developer that required site improvements had been completed, City staff has inspected said site and recommends release of the financial guarantee: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the release of the Site Performance Bond in the amount of $5,000 which was submitted to guarantee site improvements for Cates Construction for Mid -Co TV located at the 3440 Kilmer Lane. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 00 R. 22 D2 74 y S tAe o n ..n e r ,I IY74 1'7Ll 117o7!t (w7_ Iw) 3 r ta' I67n n m 11 wr r C. s S• b Ir Z I! I J , M 11 M iF h.!k F SEE RECORD PLAT FOR 1.D.'S 7-E5) (90-17-3, 34THbAf E. Ni AI un R ' e cin rn a s S J 1 d Irl n fm , l 1 «n•,r. AVE. N0. 4 y a _ ,lr(r•7 fa7 fY7 y [ - ' • • to n .. 1751 _ In) -177 =171 -Iw7 In) - .• yr'N'E 1r• wo .r n.m u r rr. u.•.• IeIMn• n a e y . 1St - Iw7 •- Irl 7 703, 1 l•) 1 1 t. P s A rl.iT `"r•TST^•.- is I. A. w p r ;FSr-s1ar•[ z H • I _ P%U®MTH-4® 7 I I I 4. 2637.01' RES. (67)8 bl ;8 I t. b• r . fry' I•'fIT• iN.. r• 111, 7) _ ,(30) 4 'k{ i4 r t ^ B) ui u = 4( I) d 1S I91 _ y (•) lit 1. 11 1.1 .•Y[ 1j 1 . ( 37) Y' J u 351H i jAVE. N. ; 5) r i f nl Y to It MI 1.1 Y Ir; Z M) 36) 22) (21) tn7 near nronw (6) 34TH AVE.N0. a yv Ilr; svta 3 2) 4 Q w Q lyi) IYI F 33: O U 1r rZ•-. I r, ra l • IL z la:' Lli a n/a ri7[ 4 1y e fstYf4.`Tiu fes. •• •_`: to d:x cz)gi and notice t.':..--eof"a regular etirg of the fLtt.' CocM.-`I 01F tisd City. 6? Pi!,43oe!,.h- wii•nesota, was hel; 1W_1 t7 i_;s day o. October il*tw: 'ael l :i+%G.1 4ac i tiv mm eta 'pres nt.- `ayQY Jayenoort, C. -,!.,n i11:'n_yber 114Ai1S Shc l°pit; r Crai r: - c f®;J yairec, yrs t absent: unci menuer Moen Cour. z i lmemr.r .11e4i 1 s fntrc.:u<xd the following Resolution and moved Its RE SOLD t 1ON NO. 84- 703 APPROVIN;, SITE P'`AN, VARIANCES AND CW-;.ila',NAL USE PERMIT FOR MID CO TV SYSTEMS 84074) 1418ERE_A3 ?Sid Co IY Systems has app. -oval of a Conditional Use Permit ;e Mian, aiu a=is:ICCJ i'oc 'i Il E' Ciis:j'iiiti' J o'. an app'OX E.:; :e 4.''% moi;. i O`fiCe fdC - ity on propert; ocatepi southeast of 35tf, Avenue North and Kilmer Lane; and WXEREAS, the Planning Commission has reviewed said request at a duly celled Public F,aa ln\g zndCC01.:121iva approva i j 1. Imo.,! ) /`-l^ L*r- -_!t^flf'r?\: !1' . t:'_•• . T'r r- lTTV /. Ye\ I. CTTI1 / YO'`" t^I V.(•>ItT^,1 fisc^t _ .... . _C•.J. !1 _1 si.. 1 Y Lun O e i Lhc request for Mid Cc TV Systems for a Cwidi'c ondi ust=errrniL Si' Bio',, ar:c ;ra_ianccc5 for the construetion of an approximate 4300 so. ft, office faci ty vn located southeast of 35th Avenue North as.d Kilmer Lane, sub ect to the fo:.lor.-Ing conditions: 11 Con..pliance with City Engineer's Memorandum. L. Ra.rent GA nark GCd+iCut ivl of. dedication .:aaCvidur. , iatl ca=.ion Policy in effect a". the ti,:.c of Building Pcrmlt i5GUanCe. 3. Submission of required financial guarantee and performance agreement for coimple- tion o' site improvements. 4. Anv sianae shall be in compliance zvith the Ordinance. 5. An-/ subsequent phz3es or expansions are subject to required reviews and approv- al:, per Ordinance provisions. 6. All wast-- and waste containers shall be stored within the structure. 7. The permit Ys subject to all appi.cable codes, regulations and Ordinances and violation thereof shall be grounds for revocation. 8. T'ie parmit Is issued to the petitioner/ tenant as operator of the facility and shall not be transferable. PLEASE. EE PI! E e Wa3 8 A,. . tC. V JJ Y r 10. There shall be no outside 6a' !,:)jay or s-o.-iz; a of Qerdf andi:.e or rcaated 11. The permit shall be renewed in on:: (1) year to assure compliance w!th W!O concitions. 12. Vare.ances approved include: side yzrd parking setback (14.5 vs. 201; rear ya.d building setback (13 vs. 25) and waiver of fire lane requirement on south side of t uildinq. TM cation for adoption of the focegeiwrj Hesolutiow was duly saoonded by iCou,icilrww' er Crain , awd upas. vete beiN trim Lam, tic m 275.1 M.ayQ _ venaortj, Counci lmerkbers Neils, Ain a-- Arj& W dL,=RIS f +i G.'c i `..' '..• 1 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director SUBJECT Blair Tremere RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CONSTRUCTION 70 INC. FOR DAYBRIDGE LEARNING CENTER (85036) SUMMARY: Staff recommends adoption of the attached Resolution authorizing reduction of the Site Performance Guarantee for Construction 70 Inc. for Daybridge Learning Center located at 3050 Fernbrook Lane. Planning staff inspected the site. The following deficiencies and requirements remain: 1. Winter survivability of plantings 2. An "As -Built" survey Attachments 1. Resolution 2. Site Location Map 3. Resolution No. 85-406 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 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CONSTRUCTION 70 INC. (85036) WHEREAS, the site plan for Construction 70 Inc. for Daybridge Learning Center located at 3050 Fernbrook Lane, was approved under City Council Resolution No. 85-406; and WHEREAS, the developer submitted the required site performance guarantee in the form of a Bond in the amount of $120,000; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the reduction of the Site Performance Bond in the amount of $120,000 which was submitted to guarantee site improvements for Construction 70 Inc. for Daybridge Learning Center located at 3050 Fernbrook Lane, to 9,000. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY HAL CITY iN1 IOF PLYMOUTH son 1p 2 S p 3 Y x iN1 son 1p x CITY OF PLYMOUTH 8 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 3rd day of June . 1985. The following members were present:_MaYor Davenport, Councilmembers Schneider, i rain and Vasiliou The following members were absent: none Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 85- 406 APPROVING SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR DAYBRIDGE LEARNING CENTER (85036) WHEREAS, Daybridge Learning Center has requested approval of a Site Plan, Conditional. Use Permit and Variance to construct and operate a daycare facility at the northeast corner of Fernbrook Lane and Harbor Lane; and, WHEREAS, the Planning Commission has reviewed said requests at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Daybridqe Learning Center for a Site Plan, Conditional Use Permit, and Variance to construct and operate a daycare facility at the northeast corner of Fernbrook Lane and Harbor Lane, subject to the following: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements, including recreational amenities. 4. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 5. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. 6. No Permits to be issued until the Final Plat for Freeway Center 3rd Addition is filed and recorded with Hennepin County. 7. The Final Plat for Freeway Center 3rd Addition shall be filed and recorded with Hennepin County within 60 days of Council approval of this application; other- wise the 1983 final plat approval shall be rescinded. 8. An approved Variance to waive the fire lane on the north Ade of the structure. 9. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. PLEASE SEE PAGE TWO e Page two Resolution No. 85- 406 10. The permit is issued to the Daybridge Learning Center as operator of the facility and shall not be transferable. 11. The site shall be maintained in a sanitary manner. 12. The permit shall be renewed in one year to assure compliance with the conditions. 13. A copy of the current State license shall be provided prior to issuance of the initial Permit; and one shall be subsequently kept on file with the City. The motion for adoption of the foregoing Re solutim was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the following voted in favor thereof: mayor Davenport, Councilmembers Schneider, Iaeils. Crain and Vasiliou The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. 2, - Z CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director SUBJECT Blair Tremere RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR U -DO CAR WASH (85109) SUMMARY: Staff recommends adoption of the attached Resolution authorizing reduction of the Site Performance Guarantee for U -Do Car Wash located at 14440 28th Place. Planning staff inspected the site. The follow- ing ollowingdeficienciesandrequirementsremain: 1. Winter survivability of plantings. 2. An "As -Built" survey 1. Resolution 2. Site Location Map 3. Resolution No. 85-974 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 87 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR U -DO CAR WASH (85109) WHEREAS, the site plan for U -Do Car Wash located at 14440 28th Place was approved under City Council Resolution No. 85-974; and WHEREAS, the developer submitted the required site performance guarantee in the form of a Letter of Credit in the amount of $32,500; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the reduction of the Letter of Credit No. MBP103186 in the amount of $32,500 which was submitted to guarantee site improvements for U -Do Car Wash at 14440 28th Place, to $2,500. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 147M AVL. _ I I 1 QLI CITY NAL Mo a sr.vc* CITY mrdERIN R ids NO ice s i 1 t I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the ITTh day of December . 1985. The following members were present: Mayor Davenport, TounciImembers Crain, Neils and Schneider The following members were absent: Councilmember Vasiliou Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 85-974 APPROVING GENERAL DEVELOPMENT PLAN AMENDMENT, SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR "U-DO-CARWASH" (85109) WHEREAS, Bob Fields and Brian Zeubert have requested approval of a General Develop- ment Plan Amendment, Site Plan, Conditional Use Permit, and Variance for a carwash to be located at 28th Place and Glacier Lane; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Bob Fields and Brian Zeubert for a General Development Plan Amendment, Site Plan, Conditional Use Permit and Variance for a carwash to be located at 28th Place and Glacier Lane, subject to the following: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. The Conditional Use Permit is subject to all applicable codes, regulations and Ordinances and violation thereof shall be grounds for revocation. 5. The site shall be maintained in a sanitary manner. 6. All waste and waste containers shall be stored within approved areas. 7. There shall be no outside display, sales, or storage of merchandise or related materials. 8. Any signage shall be in compliance with the Ordinance. 9. The Conditional Use Permit for the car wash shall be subject to review one year after issuance. 10. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. PLEASE SEE PAGE TWO Page two Resolution No. 85- 974 11. No stacking or parking on the public road is allowed; policing of this shall be the responsibility of the car wash management. 12. An employee will be present at the carwash during all hours of operation. 13. Approval includes the proof -of -parking plans for the carwash and alternate use dated November 18, 1985. 14. Should this use no longer function in this building, the best alternate use shall be an office, and that use shall be reflected on the General Development Plan in that event. 15. Appropriate legal documents as approved by the City Attorney shall be filed on the property limiting alternate use of the building to an office, based upon installation of Ordinance required parking per proof -of -parking plan prior to issuance of a Building and/or Occupancy Permit. 16. Variances include drive aisle setback (1 ft. vs. 15 ft.) and number of parking spaces (3 vs. 25). The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Neils , and upon vote being taken thereon, the following voted in favor thereof: Mayor Davenport. Councilmemb rs Crain, Neils and Schneider The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. 7C - 3 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director SUBJECT Blair Tremere RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR REYNOLDS CONSTRUCTION, INC. (86101) SUMMARY: Staff recommends adoption of the attached Resolution authorizing reduction of the Site Performance Guarantee for Reynolds Construction, Inc. located at 2945 Empire Lane. Planning staff inspected the site. The following deficiencies and requirements remain: 1. Winter survivability of plantings Attachments 1. Resolution 2. Site Location Map 3. Resolution No. 86-647 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 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR REYNOLDS CONSTRUCTION, INC. 86101) WHEREAS, the site plan for Reynolds Construction, Inc. for Perkins Restaurant located at 2945 Empire Lane was approved under City Council Resolution No. 86-647; and WHEREAS, the developer submitted the required site performance guarantee in the form of a Cash Deposit in the amount of $6,525; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the reduction of the Cash Deposit in the amount of $6,525 which was submitted to guarantee site improvements for Reynolds Construction, Inc. for Perkins Restaurant at 2945 Empire Lane, to $500. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. U2 SECO 22 T. U U 0 fIrMWTN 64* , w, l61 i. 77 'Y-77 N 6003 f 7767.0]' nl. 7 f r. PLYMOUTH fRt[MArIlkCENTER 1 K 0 i SIO . CENTER 2ND ADD. MX?A=>' j Bea N- 1 smc=n AI 4 ` T n ) c ! loft' O AtIT j 131 , ,. 7. _ y .• . 0. Pt Lh b' Z3' • '! v ' '• i11 I,m _ 4. it Fq .. .. .`.' '., M,1 I Y) T ' vir ., OUTIDT A f r • +ai ' 91 t % 44 1 ., . t ' ; :... • . .tom , R, ;;. Z it :6 ; j °-, `, `^°••• i y •'4 Gal 7 ,+ n f NO. 99' :61 I IT" c I F I r.. II I1101+w1 IfN ai ci; ,,, 36 ,.. 71,. x•.[ 1T' S-4 yi 1 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 6th day of October . 1986. The following members were present: Mayor Schneider, Zuncilmembers Crain, Vasiliou, and Zitur The following members were absent: Councilmember Sisk Mayor Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 86-647 APPROVING A CONDITIONAL USE PERMIT SITE PLAN AMENDMENT AND VARIANCE FOR PERKINS FAMILY RESTAURANTS AT 2945 EMPIRE LANE (86101) WHEREAS, Perkins Family Restaurants has requested a Conditional Use Permit Site Plan Amendment and Variance to expand the restaurant at 2945 Empire Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Perkins Family Restaurants for a Conditional Use Permit Site Plan Amendment and Variance for the expansion of the restaurant at 2945 Empire Lane, subject to the following conditions: 1. Submission of required financial guarantee and Sit Performance Agreement for completion of site improvements. 2. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 3. Approved Variances include front yard setback to I-494 of 24 ft. vs. 50 ft. 4. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 5. The permit is issued to the Perkins Family Restaurants as operator of the facility and shall not be transferable. 6. The site shall be maintained in a sanitary manner. 7. Traffic island delineators, per the Landscape Policy, shall be installed at the west end of the center parking spaces; minimum design standards and number of spaces shall be maintained. The motion for adoption of the foregoing Resolution was duly seconde *y Councilmember Crain , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Crain, and Zitur The following voted against or abstained: Councilmember Vasiliou Whereupon the Resolution was declared duly passed and adopted. 4(-- -)(1 , L( CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 5, 1987 for City Council Meeting January 12, 1987 TO: dames G. Willis, City Manager FROM: Associate Planner Al Cottingham through Community Development Director SUBJECT Blair Tremere RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION (86014) SUMMARY: Staff recommends adoption of the attached Resolution authorizing reduction of the Site Performance Guarantee for Stuart Corporation located at 15300 37th Avenue North. Planning staff inspected the site. The following deficiencies and requirements remain: 1. Site lighting 2. Public trail construction 3. Private trail and sidewalk construction 4. Completion of driveway, curb cut, parking lot and fire lane 5. Landscaping 6. Playground equipment 7. An "As -Built" survey 1. Resolution 2. Site Location Map 3. Resolution No. 86-188 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: adoption: introduced the following Resolution and moved its RESOLUTION NO. 87 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION (86014) WHEREAS, the site plan for Stuart Corporation located at 15300 37th Avenue, was approved under City Council Resolution No. 86-188; and WHEREAS, the developer submitted the required site performance guarantee in the form of a Letter of Credit in the amount of $262,800; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does authorize the reduction of the Letter of Credit No. P1180 in the amount of $262,800 which was submitted to guarantee site improvements for Stuart Corporation at 15300 37th Avenue, to $147,800. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 7th day of April 1986. The following members were present: Mayor Schnee er, Councilmembers Crain, Sisk, Vasil iou and Zitur The following members were absent: none Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 86-188 APPROVING SITE PLAN, AND CONDITIONAL USE PERMIT FOR STUART NOLAN, STUART CORPORATION 86014) WHEREAS, Stuart Nolan, Stuart Corporation, has requested approval of a Site Plan and Conditional Use Permit for the construction of two apartment buildings for a total of 160 units west of Plymouth Creek and north of 37th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Stuart Nolan, Stuart Corporation, for a Site Plan and Conditional Use Permit to construct two apartment buildings west of Plymouth Creek and north of 37th Avenue North, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedi- cation Policy In effect at the time of Building Permit issuance. A 15 ft. trail easement shall be provided along the northwest property line. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for com- pletion of site improvements. 5. Signage shall be in compliance with the Ordinance, per approved site plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. PLEASE SEE PAGE TWO a M 0 Page two Resolution No. 86- lgg S. All waste and waste containers shall be stored within the structure and no outside storage is permitted. 9. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 10. A private trail shall be constructed from the fire lane to the northwest providing access to the adjacent public trail. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember 7itur , and upon vote being taken thereon, the following voted in favor thereof: Maynr SrhnPidar- CnunrilmPmharc Crain, Sick- Vasilinu and 7itur The following voted against or abstained: nnnP *hereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 8, 1987 For Council Meeting of January 12, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: Public Improvement Parkers Woods Addition City Project No. 507 D We have received a petition from the contract purchaser of the Parkers Woods Addition property (C.H. Cates Construction Company) requesting that the Council install under Public Improvement Project the utilities to provide water and sewer service to the plat. In March of 1985 the Council held a public hearing for this project and the improvements were ordered. A condition of the approval was that the construction contract would not be awarded until the owners of the Parkers Woods Addition entered into a developer's agreement with the City of Plymouth. That never did take place. Now Mr. Cates is interested in developing the property and has requested a new public hearing be held in order to provide conformance with the State Statutes. We would, therefore, recommend that the Council adopt the attached resolution setting a public hearing date for February 2, 1987 for Project 507. J — Aza-- tl Sherman L. Goldberg, P.E. SLG:kh Attachments: Old Resolution New Resolution Petition Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: iCXX X C C CXX introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT PARKERS WOOD ADDITION - PROJECT NO. 507 WHEREAS, pursuant to Resolution of the Council adopted October 22, 1984, a report has been prepared by Bonestroo, Rosene, Anderlik & Associates, Inc. with reference to the improvement of Parkers Woods Addition and the adjacent alley by the installation of sanitary sewer, storm sewer, watermain, concrete curb and gutter, asphalt road and all necessary appurtenances as shown in the adopted 1985 Capital Improvements Program; and WHEREAS, this report was received by the Council on January 21, 1985; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council will consider the improvements of such project in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Law of 1953, Chapter 398 as amended) at an estimated total cost of the improvement of $144,848. 2. A public hearing should be held on such proposed improvement on the 2nd day of February 1987 in the Council Chambers of the City Hall at 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. iC7 C X iCX X iC):C EXISTING STREET33' BtoB PROPOSED STREET 33' B to B EXISTING STORM SEWER PROPOSED STORM SEWER ---— PARKERS WOODS ADDITION STREET IMPROVEMENTS CITY PROJECT No. 507 PLYMOUTH# MINNESOTA BONESTROO, ROSENE, ANDERLIK ASSOCIATES, INC. Consulting Enginsors St. Paul, Minn. Date: Comm. 70207 FIG. No. 3 4iLy Gd i`iy ^L'Lli C N CITY OF PLYMOUTH PETITION We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the following public improvements: Street construction and all 6" watermain outside of and uD to Parkers Woods Addition as defined as Part A in the feasibility study proposed by Bonestroo, Rosene, Anderlik Project 507 We do hereby waive our right to public improvement hearings and special assess- ment hearings on this improvement. Should the Council not approve said public improvements, or the petitioner elects not to proceed with said public improvements, the petitioner agrees to reimburse the City of Plymouth for any expense incurred for preparation of engineering reports, plans, specifications, etc. for said public improvement. NAME ADDRESS s f,,rcri , 170J. lne tollowing members were present: The following members were absent: 1n' S hnPid r and VasilinN, Councilm m r Ne,7c Councilmember Vasiliou introduced the following Resolution and moveditadoption: RESOLUTION NO. 85- 153 ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS PARKERS WOODS ADDITION AND ADJACENT AREA STREET AND UTILITY IMPROVEMENTS PROJECT NO. 507 WHEREAS, Resolution No. 85-92 of the City Council, adopted the 21st day ofJanuary1985, fixed a date for a public hearing with respect to utility andstreetimprovementsinParkersWoodsAdditionandAdjacentArea; and WHEREAS, the proposed project includes the installation of watermain, sanitarysewer, storm sewer and streec improvements to serve the Parkers Woods Additionandadjacentarea; and WHEREAS, ten days published notice of the hearing through two weekly publica- tions of the required notice was given and the hearing was held thereon on the4thdayofMarch1985, at which time all persons desiring to be heard weregivenanopportunitytobeheardthereon; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OFPLYMOUTH, MINNESOTA: I. Such improvement is hereby ordered as proposed in the Council Resolution adopted January 21, 1985. 2. Bonestroo, Rosene, Anderlik 6 Associates is hereby designated as theengineerfortheimprovement. They shall prepare plans and specifications for the making of such improvement. 3. The construction contract will not be awarded until the owners of Parkers Woods Addition enter into a developer's agreement with theCity0.4 Plymouth. The motion for the adoption of the foregoing Resolution was duly seconded byCouncilmemberCrain . and upon vote being aken jhergon tthe. following voted in favor thereof: mayor Davenport, ouncl mem erg Grain, Schneider and Vasiliou The following voted against or abstained: Nolle Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 7E 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 8, 1987 For Council Meeting of January 12, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Sherman L. Goldberg, City Engineer SUBJECT: No Parking on 30th Avenue The property owners on 30th Avenue North East of East Medicine Lake Road have requested that the street be posted for "No Parking" because of the narrow width. I recommend that this request be approved. A- A - Sherman L. Goldberg, P.E. SLG:kh Attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1986. The following members were present: The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 86 - APPROVING AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON 30TH AVENUE NORTH WHEREAS, street parking has been noted on 30th Avenue East of East Medicine Lake Boulevard; and WHEREAS, such parking creates a public nuisance and potential traffic congestion because the street is narrow and does not conform to City standards; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should and hereby does authorize the installation of "NO PARKING" signs on both sides of 30th Avenue East of East Medicine Lake Boulevard. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. n CITY OF PLYMOUTH PETITION We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the following public improvements: The residents of 30th Avenue North in Plymouth petition the City of Plymouth to omit parking on 30th Avenue North. This is being requested, because of the narrow street. The street is only 19 feet wide. However, in the winter with snow plowing, th_, street is reduced to 15 feet wide or less. Should-t-he`Council not approve said public improvements, or the petitione.r__..elects not to proceed with hl impr0vements;`i:fie petitioner agrees to reimburse the City of Ply nouth/f-or any expense incurred for preparation—of engineering rep0_r#s; plans, specifications, etc. for said public improvement. NAME ADDRESS lige l.. of 7di 20l 00 -2o T/r 'vim .e/O DC- ol — 3v f vua+9L, N sS/Y OSS C ..S Ute 14LeC -u I° ADDRESS lige l.. of 7di 20l 00 -2o T/r 'vim .e/O DC- ol — 3v f vua+9L, N sS/Y OSS C ..S Ute 14Le 6 '^'d9 $ ^ nM 8 _ g N o ;. 9'Z[L of .9 01 tCi2\ ti n r 6 00'SLI Q 69411 00'9 I S 1 = L9 9Z-;6 03113 o S['9S1 S S Of $ nN 00" 09 .9 ?Ll 83AVA0 ------- se Of Oc ' 0 19 W66 60'26 .S1 '099 46 oo z : v 00 S 9 i v Lx•Ov^ r ,,, g r. N 00'S91 w 00.OGI 00'001 00 :001 9L1 74 o • 8 $ N _ v ^ 00 *OG ^_ o ti Q 8 . 8 ir% _ `- en _ ' L ES :n 00'591 0 ® c mil O9 S91 09 a. [ I .09 '1 .6'IU a.6.OZ.OS O Lon' tr, ..' n u I 11 L 1 11 Qah. A r rd U) X140 cp s ^ r _ o Or p f°19 19, zt o p rh r C.1 ' '; 4r ' ZO rh 0>1 SZ ro o Afit, r 76- ^ .•x•11 i c 00,011 O - Z QD g ti o f,, n g N "' ' r _°N° r' • may " ol chOttLli Z • , g TRENTON t 0 19 T 13 b o Q o g rn Zr w " 00'011 ^' . T 6'° , N n ' Q n ' 06'L1 Z ON n - - v T.5 i /• N Y i 1p ¢ CL col OG v . . fib• ' t ' " Q P`[` - / J c ' it r M 91 / O P G j A 8 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 January 8, 1987 For CouncM-VAQ January 12, 1987 DATE: James G. Willis, City Manager, through Fred G. Moore, Director of TO: Public Works Sherman L. Goldberg, City Engineer FROM: Berg 2nd Addition SUBJECT: Sanitary Sewer and Storm Sewer Construction Project 702 Attached to this memo is the Preliminary Engineering Report for the above referenced improvements. We recommend that the Council adopt the attached resolution ordering the preparation of the final plans and specifications. Sherman L. Goldberg, P.E. cT,r_-lei, Attachments: Preliminary Engineering Report Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1987. The following members were present: The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 87 - RECEIVING REPORT AND ORDERING PROJECT NO. 702 BERG 2ND ADDITION - SANITARY SEWER AND STORM SEWER WHEREAS, the developers of Berg 2nd Addition have petitioned the City to install sanitary sewer and storm sewer, and all necessary appurtenances for the Berg 2nd Addition; and WHEREAS, a preliminary engineering report for Project No. 702 was ordered on October 20, 1986 by the City Council and said report was presented to the City Council on January 12, 1987; and WHEREAS, the developer and owner have waived their rights to a public improvement hearing and are owners of 100% of the property proposed to be assessed; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such improvements are hereby ordered as proposed in said Preliminary Engineering Report; and the petitioners have waived their rights to a public hearing. 2. Bonestroo, Rosene, Anderlik & Associates are hereby designated as the engineer for the improvement. They shall prepare plans and specifications for the making of such improvements. 3. The construction contract will not be awarded until the owners of Berg 2nd Addition enter into a developer's agreement with the City of Plymouth. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. T f c' January 8, 1987 CITY OF PUMOUTR Honorable Mayor and City Councilmembers City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Subject: Berg 2nd Addition Storm Sewer and Sanitary Sewer City Project No. 702 Dear Mayor and Councilmembers: Attached is a copy of the Feasibility Report for the above referenced improvements. The work includes the installation of sanitary sewer laterals and storm sewer for the Berg 2nd Addition on the County Road 9 service road. The Developer has petitioned for the improvements and the entire cost will be assessed against them. Yours very truly, Serman L. Goldberg, P.E. City Engineer SLG:kh Attachment: Feasibility Report I hereby certify that this report was prepared by me under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. Sherman L. Goldberg, P E, Date: January 8, 1987 Registration No. 7604 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559.2800 INTRODUCTION The Developer of the Berg 2nd Addition on the County Road 9 service road has petitioned the City to install certain sanitary sewer and storm sewer improvements for the property. The estimated cost for said improvements are: I recommend that the Council accept the Feasibility Report and install the improvements as indicated therein. Sanitary Sewer Storm Sewer Total Engineering, Administration, County + 26% Total 4,773 11,523 16,296 4,237 20,533 L°j \ Proposed `TH-4 Building I W ILL a' •it t3W, QB 7-Z Top Existing Curb 895 9 Horz. Construct Sani Cods1P( Cf Top Existing Curb 8954 SfO S er Easement -- t - -- -- - -- -- - b t , Prc f I Bu I i t clsP service Proposed Building 20' Salvage Casting, Replace . e'• with R-1642 B 1112 CBI Future by Others jpa r tia Top Existing Curb 896.0 - cos[ estimate berg 2nd addition jan 7,1987 sanitary sewer desc units 8" p v c: sewer l.f. cut in ex. m.h. ea m.h.8'deep ea wye conn.8"x4" ea 4" sery pipe l'f' mech.trrn.comp. f. imp.pipe fnd. I.F. t.v.inspt. f. m.h.depth over 8' l.f. total l.f. storm sewer desc 15'rcp c]3 18"rcp cl3 21" rcp c]3 24"rcp cl3 conn.toex.m.h. c.b./m.h./cstg m.h.w/cstg mech trn comp pipe fnd total no.uoits cost/unit 116 20 1 400 1 1000 1 40 15 10 131 1 116 2.5 116 2 3 70 f. 25 20 l.f. 120 22 f. 70 24 l.f. 39 26 R a 1 400 ea 5 700 ea 1 900 l.f. 254 1 f. 254 2.5 san.sewer storm sewer total eng,adm. cont. total total 2320 400 1000 40 150 131 2v0 232 210 4773 500 2640 1680 1014 400 3500 900 254 635 11523 4773 11523 16296 26% 4236.96 20532.96 CITY OF PLYMOUTH '4 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: TO: January 9, 1987 for City Council Meeting of January 12, 1987 FROM: Mayor and City Council James G. Willis, City ManagerXSUBJECT REQUEST TO ABATE INTEREST ONS CIAL ASSESSMENTS SUMMARY: Mr. Al Hilde Jr. recently sold a platted lot and as part ofthatsale, paid in full the special assessments. Because this trans- action took place after November 15, the County had already certified that portion of the special assessments collectable in 1987 includinginterestthroughDecember31, 1987. Mr. Hilde is requesting that theCityabatetheinterestintheapproximateamountof $568. Attached is a letter dated December 15 from Mr. Al Hilde Jr. in which he sets forth the circumstance surrounding the sale of a lot in SevenPonds, and the fact that special assessments on the lot were paid. The problem arises in that the payment of the special assessments took place after November 15. That date is significant because under Statelaw, special assessments remaining unpaid as of that date are certi- fied by the County for collection for the next tax year. As a result these assessments have interest calculated through December 31 of theyearfollowing. The Council takes care to explicitly make this infor- mation known to citizens at the public hearing when special assess- ments are levied. Attached is a copy of the City's standard noticewhichisusedatallpublichearings. In the case of Mr. Hilde's property, after November 15, the County automatically certifies that portion of the principal of the special assessments which are due and payable in 1987 along with interest on the total amount of the unpaid principal. While Mr. Hilde made pay- ment of the total amount after November 15, he was required to payinterestontheentireprincipalbalancethroughDecember31, 1987 in accordance with the State law. He has requested that the Council consider abating this additional interest charge since it is interestwhichhasnotbeen "earned" by the City. In discussing this with Mr. Hilde, I noted that I was not in the position of abating the interestnorcouldIrecommendit. To the best of my knowledge, the Councilhasnotpreviouslyabatedsuchinterestpaymentseventhoughsuch requests have been made periodically. I believe further that theCouncilhas, over the years, consistently and clearly sought to communicate the importance of the November 15 prepayment date in order to avoid the situation in which Mr. Hilde currently finds himself. attach. PIN ADD CITY OF PLYMOUTH DEPARTMENT OF FINANCE 3400 PLYMOUTH BLVD. / PLYMOUTH, MN 55447 22-1'15-23-F4-0011 03147- HOLLY LA N LY,.OUTH. t'N 55447003Ui TO WHOM IT MAY CONCERN This is your requested Special Assessment Search On: All that tract or parcel of land lying and being in the City of Plymouth, Minnesota described as follows, to wit: IMPROVEMENTS INSTALLED I further certify that according to the records of this office, the following assessments appear unpaid: LEVY NO. TYPE OF IMPROVEMENT RATE TERM BEGINNING -ENDING ORIGINAL PRINCIPAL PRINCIPAL PAID UNPAID PRINCIPAL 4747 w IMPROV PR)j 6- 73 73 THRU 99 125.012 75.06 49.9 7b5L'-A\ 141t/ 6.30 ba, THRU 95 11.534.65 5,352.56 6,151.7 9716 U%KI 2K LN I~?IJV I.36 8e THRU 9S 137.43 54.95 52.4 TOTAL 6,254.1 This unpaid principal remains after entering $ F30. 64 of principal on the 1957 tax roll. Interest of Sb&. r7 calculated at the above rates on the unpaid balance was also entered on 1,187 tax roll. The City of Plymouth is on a monthly billing basis for sewerlwater and street lighting service. Arrangements should be made to assure that all outstanding billings are paid. A "Final Billing" will be furnished upon request to the Finance Department. Delinquent utility bills as of July 1 of each year are entered as a one year assessment on the following years tax bill. Tmost current billing rendered for service ending has a balance due of , / h which is CURRENT DELINQUENT The records referred to above are public and may be inspected during regular business hours. This search was made by the undersigned as a public service on request. The undersigned certifies that the above indicated searches were made and are believed to be accurate; however, neither the undersigned or the City of Plymouth assumes liability for errors and omissions. Estimated Pending Assessments: (Accumulated interest will be due and payable when the deferred assessments are paid.) For additional pending information, contact the Engineering Dept. 559-2800 ext. 240. TOTAL AQQ Dat LLi 1hE 3, 1y4- Signed Director of Finance City of Plymouth' AGENDk JR SPECIAL ASSESSMENTS PUBLIC F, `SING August 25, 1980 1. Purpose of Meeting To provide the public an opportunity to hear presentation of the proposed assessments concerning public improvement projects benefiting their property. The citizens have had an opportunity to review the proposed assessment roll in the City Center as well as at this meeting and will have an opportunl-ty to address the Council concerning questions regarding these proposed assessments. 2. The Meeting was Carefully and Thoroughly Announced as Follows: a. Notices were published in the New Hope -Plymouth Post, the official City newspaper, as required by law. b. Written notice was mailed to each property owner in the improvement area as shown by the records of the Hennepin County Auditor's tax statement mailing list. c. Announcements and discussions at Council meetings. 3. Review of Project Costs and Proposed Assessments: James G. Willis, City Manager Fred G. Moore, City Engineer 4. The Procedure for the Hearing will be as Follows: a. Write name, address and agenda number on blue card. b. Pass card to person collecting them, who will give them to the Mayor. c. When your name is called, come up to the microphone. d. Please speak clearly into the microphone so that all may benefit from your remarks. e. No one may speak twice until all others who wish to speak have done so. Please give .your name and address each time you speak. 5. Order of Hearings: Assessment Roll Project a. Assessment Roll Project 909 b. Assessment Roll Project 829 c. Assessment Roll Project 924 d. Assessment Roll Project 006 Assessment Roll Project 707 f. Assessment Roll Project 944 g. Assessment Roll Project 921 h. Assessment Roll Project 809 i. Assessment Roll Project 813 j. Assessment Roll Project 806 26th Avenue Improvement Ridgecrest Area Improvement 13th Avenue Improvements Empire Lane Improvements Seven Ponds Area Improvements Windsong Addition Improvements Hadley Place/Queensland Lane Improvements Pike Lake Area Improvements Oakview Lane Improvement Supplemental Hearing Pineview Lane Al Hi1L, )r. 220 Northgate Wayzata, Minnesota 55391 December 15, 1986 Mr. Jim Willis, City Manager City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Jim: On December 4, 1986, I sold one of the four lots which were recently platted under "Hilde's Ponds". It was PIN -22-118-20-24-0011. The assessments on the lot were paid a few days later, but of course the next years principal and interest had already been forwarded to the county for collection in 1987. Unfortunately for me, the unearned interest amounts to $568.27 and yet I have paid off the assessment. I spoke to Skip Lefler who thought there must be some kind of abatement procedure. He referred me to the county, and when I talked to them they pretty much tossed the ball back to Plymouth to decide. Frank Boyles sent me a copy of the State Statute regarding this and it would appear that unless the City acts, my money will simply be lost in the system. Frank recommended writing this letter to you. My question then is, could you authorize me to pay the remaining principal of $800.64 and abate the unearned interest of $568.27? I'd really appreciate yours and/or the Councils assistance on this matter. Thank you! Sincerely, CIC -1 . ilde, Jr. AH:ve ASSESSP^ENT PROCEDURE 1. The City Council has directed by resolution the preparation of the assessment roll which is the subject of the hearing tonight. A copy of the individual roll is available for your inspection. 2. Notice of the hearing was published in the official City newspaper, the New Hope -Plymouth Post, and a notice was mailed to the owners of each parcel described in the assessment roll. For the purpose of giving mailed notice, owners are those persons shown to be such on the records of the County Treasurer and these records are used in addressing and mailing notices. If you are making a payment to your mortgage company which includes a deposit for real estate taxes, it is probably that the address shown on the County Treasurer's records is that of the mortgage company and not your own. If some of you did not receive a notice, this may well be the reason. 3. Following the hearing, the Council will decide whether any adjustments in the roll are necessary and will, by Resolution, adopt the roll. 4. The first installment shall include interest at the rate of 8' per annum from the date of the resolution adopting the roll until December 31, 1981. 5. If a property owner pays his assessment in full prior to November 15, of any year, interest will be charged to December 31 of the year of payment. For example, if a property owner pays the full assessment on his property on November 14, 1980, interest due on that payment would be calculated to A1140— December 31, 1980. If such payment is made after November 15, interest will be charged to December 31 of the followin a For example, if a property owner pays the fu assessment on Ws property on November 17, 1980, interest on that paymen wool d hP ca cum to December31, 1981 6. If a property owner pays his assessment in full within 30 days of the date of the resolution adopting the roll, no interest will be charged. Such payment should be made to the City Treasurer at the City Hall. 7. If after the hearing, and after the adoption of the assessment roll by the City Council, you feel that your assessment is unfair, you may appeal to the District Court of Hennepin County. Your appeal must be served upon the Mayor or the City Clerk within 30 days from the date of the resolution of the Council adopting the particular assessment roll. Your appeal must be filed with the Clerk of District Court within 10 days after it has been served upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. These rules with respect to time are jurisdictional and the Council may not extend them. Failure to serve and file your appeal as set out above will result in its dismissal. 8. The above procedures are digested from Sections 429.061 and 429.081 of Minnesota Statutes which govern the City Council in their assessment for public improvements. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 8, 1987 for City Council Meeting of January 12, 1987 TO: Mayor & City Council FROM: Frank Boyles, Assistant City Manager SUBJECT CHELSEA WOODS HOMEOWNERS REQUEST SUMMARY: At the January 5 meeting, Mr. Tom Barker and Mr. Ken Plant, on behalf of the Chelsea Woods Homeowner Association, requested "an immediate inspection of all its (Chelsea Woods) homes by the City ofPlymouth, to see if they comply with the Building Code of 1973." Following discussion intended to clarify the scope of the inspection work desired, the purpose for such inspections, the resources required to conduct the inspections, and cursory review of the liability issues associated therewith, the City Council directed that the staff and City Attorney expeditiously evaluate and provide a report with recom- mendations on this subject. The Council directed that staff focus primarily upon proactive measures that the City should take to assist Chelsea residents. This report summarizes the issues and provides staff recommendations with respect to the Council directions. Memorandums are attached from City Attorney James Thomson, Public Safety Director Dick Carlquist, and Planning and Community DevelopmentDirectorBlairTremere, providing detailed information on the various aspects of the issues which the Chelsea Woods request entails. Staff recommendations are also provided. Judging by the turnout and tenor of the comments at the January 5 meeting, a large number of Chelsea Woods residents have genuine concern that their living units may expose them to greater fire danger because of the residents assumptions that the fireplaces, chimneys and commonwall separations are inadequate when compared to the Code under which each building was constructed. Ken Plant stated that the two areas of resident concern are: fire spread horizontally via the commonwalls, and fire spread vertically through the chimney chase. The first issue to be addressed is, does historical data support the claim that there is disapportionally higher fire hazard for residents living in Chelsea Woods than in other multi or single family living units in the City? The attached memorandum from Public Safety Director Dick Carlquist states in the first paragraph that, "I have researched the records and statistics (since January, 1981) that we keep regarding fire loss in the City of Plymouth. I could find no records of a townhouse fire such as that experienced recently in CHELSEA WOODS HOMEOWNERS REQUEST January 8, 1987 Page two Chelsea Woods occurring. In fact, the majority of fire loss was to detached single-family homes." For the last five years, the records confirm that no townhouse fires have occurred. The lack of incidence of fires at townhouse units does not suggest a greater than average exposure to fire to the inhabitants of such units. A second question raised was whether or not Chelsea Woods residents should refrain from using their fireplaces, assuming that there may be flaws in the construction of each. Based upon Director Carlquist's memorandum, "Fireplaces or wood auxiliary heating appliances, careless smoking, and faulty electrical wiring are the three major causes of home fires..." in Plymouth. He further states that, "Our experience is no different than the rest of Minnesota in that these appear to be the three leading causes of residential fires." In light of these observations, the use of any fireplace should be undertaken with care. Mr. Carlquist also states that, according to Fire Inspector Scofield, everything is related to proper maintenance, cleaning and usaqe of the (fireplace) unit, especially staying within heat maximums recommended by the original manufacturer. Regular cleaning and maintenance are essential as well." Based upon the shared concern of Chelsea Woods residents about the fireplace issue, it seems reasonable to assume that at least a fair number of units are equipped with fireplaces. Assuming further that the residents use their fireplaces at least periodically, and the fact that a fireplace fire has not occurred at this location for the last five years, suggests that there is not a higher exposure to a fireplace fire at Chelsea Woods than any other single or multi family unit in the City. Residents also expressed concern about fire spread from unit -to -unit. Whenever units share a commonwall, there is reason for concern about horizontal fire spread. Chief Carlquist states, "The final analysis of the great property loss damage suffered at the Chelsea Woods fire was really a function more of 'time' than any other variable. From the recent movie that I showed the City Council reqarding residential sprinklers, I am sure that they have a better understanding of what four or five minutes will do in the delay in reporting a fire. In the particular case in question, there appeared to be much more of a time delay!" The bottom line is that there is a direct correlation with the amount of time a fire is given to develop and the likelihood of its breaching a fire rated.wall. The above observations are intended to establish perspective on the Chelsea Woods situation and not address the issue of inspection. The attached City Attorney's opinion clearly suggests that any inspection undertaken would be most prudently accomplished by a third party. The City Attorney indicates, "Based upon the CraCraft decision, it is my opinion that the City has no liability to property owners of Chelsea Woods if the units were not constructed according to the Building Code." CHELSEA WOODS HOMEOWNERS REQUEST January 8, 1987 Page three The City Attorney's opinion further indicates that, "I am not aware of any statutory mandate, either in building code or otherwise, that requires the City's building inspector to reinspect units after theyhavebeenconstructed." Only in instances where a clear public hazard has been demonstrated, does an obligation exist. Consequently he states that, "Based upon the facts and circumstances that are known to date, it is my opinion that the City has no legal duty to inspect the remaining units." He adds that, "If the City inspects the units at Chelsea Woods that have not been damaged by fire, the City is poten- tially increasing its exposure to liability by assuming a duty that does not exist either statutorily or at common law." It would also be inappropriate for the City to directly undertake the inspections if the results are used ultimately to bring action against the developer and/or City. It would represent the City of Plymouth investigating itself which is questionable from an objectivity stand- point. Besides being legally inadvisable for the City to reinspect the structures, we do not have a sufficient number of staff personnel nor the expertise necessary to accomplish such a comprehensive inspection without adversely impacting upon our daily workload as indicated byBlairTremereintheattachedmemorandum. Director Tremere has outlined the total estimated costs of conducting the necessary inspec- tions of the fireplaces and commonwalls. Based upon quotations received by Building Official Ryan, the cost of demolition and repair required to inspect each unit, would be $26,000 in the case of one bidder, and almost $45,000 in the case of another. These quotations do not include re -painting and panel finishing - only rough finish- ing. The actual inspections range from a low of $4,875 for one vendor, to $8,000 - $9,000. For quotation purposes, it was assumed the work includes fire separation inspections and fireplace inspec- tions and that all units would receive inspection. A one or two unit inspection of fire damaged units is not sufficient in Mr. Tremere's view to reach conclusions that can be reliably extrapolated to all other units. However, a sampling of commonwalls coupled with inspection of all fireplaces would provide sufficient data to reach conclusions while reducing total inspector costs. Total inspection costs will be less if sampling of commonwalls is used in lieu of inspecting each. The content of each inspection is included in Blair's memorandum. RECOMMENDATIONS To be of assistance to the Chelsea _Woods homeowners, the following steps would be appropriate for the City: CHELSEA WOODS HOMEOWNERS REQUEST January 8, 1987 Page four 1. The Building Inspection Division should assemble all appropriate Building Code provisions, and related documentation and inter- pretation issues, and supply them to a Homeowner Association representative. Prior to the inspection, the Buildinq Official will be available to meet with Homeowner Association represen- tatives as time is available to review with them qeneric concerns with respect to code issues as they relate to townhouse and the two memos he has already supplied. This would not include the on-site inspections or evaluation of units by city employees. 2. The City's Fire Inspector, who is familiar with the specific fire prevention needs of Chelsea Woods residents, will tailor the already scheduled education session to address the specific concerns of Homeowner Association representatives, including housekeeping, smoke detectors, exiting drills, fire extinguishers, alarm and sprinkler systems, and fireplace maintenance and operation. Follow up sessions and individual consultation will be made available as time permits to assist property owners in obtaining the information they need to take fire prevention measures. 3. The Building Inspection Division will collect the plans avail- able from the Chelsea Woods Association to assure that the plans are evaluated against the requirements of the 1973 Building Code, recognizing that they are not necessarily as -built plans. This information, together with that provided in Recommendation No. 1 above will provide the basic data the contractual inspector will require to perform inspections and should help to keep inspection costs to a minimum. 4. The Building Inspection Division will assist Homeowner Association representatives in securing more specific inspection quotations based upon the actual work which homeowners may be willing to accomplish themselves to reduce total costs. Any contract for inspections should be between the Homeowner Association and private inspection contractor. The Council should recognize that as a our community ages, requests of a similar nature will likely arise for whatever reason. The staff does not recommend financial participation by the City. A copy of this memorandum together with the attachments have been provided to Mr. Tom Barker and Mr. Ken Plant of the Chelsea Woods Homeowners Association. I expect that they will be present at the meeting to further discuss these matters with the City Council. FB:Jm attach CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 7, 1987 TO: Frank Boyles, Acting City Manager FROM: Richard J. Carlquist, Public Safety Director SUBJECT CHELSEA WOODS MEETING WITH CITY COUNCIL, JANUARY 12, 1987 I have been associated with the Plymouth Fire Department since January, 1981. From that time, until the present, I have researched the records and statistics that we keep regarding the fire loss in the City of Plymouth. I could find no records of a townhouse fire such as that experienced recently in Chelsea Woods occurring. In fact, the majority of fire loss was to detached single-family homes. This was especially true with respect to the loss of life. Six persons lost their lives in fires during this time frame. There has been a total of approximately $2.25 million in damage to single family homes durinq the aforementioned six year time frame. In Investigating the cause of these fires in the single family residences, there appeared to be three predominantly different causes of the fires. Fireplaces or auxiliary wood heatinq appliances, careless smoking, and faulty electrical wiring were the three major causes of home fires. I should point out that our experience is no different than the rest of Minnesota in that these appear to be the three leading causes of residential fires. One of the house fires that we did have in 1982, was found to be an arson. Otherwise, the bulk of our fires are found to be accidental. On January 15, 1987 at 7:30 p.m., Fire Prevention Inspector Stan Scofield will be presenting to the Chelsea Homeowners Association a fire prevention program. This program is basically the same one that we offer to all homeowner associations. It will deal with such subjects as: housekeeping, smoke detectors, exiting drills, fire extinguishers, and fireplace maintenance. I asked Mr. Scofield how long it would take to do a fire prevention audit in a home, and he replied, it would take approximately two hours. The two hours would be required to inspect the fireplace to determine if cleaning was necessary, and if there appeared to be proper installation. We have not provided in-home inspections up to this point because we do not have the manpower budgeted to respond. There is also added liability associated with approving a fireplace which is subsequently identified as the source of a fire. I asked Mr. Scofield whether there is a higher than usual likelihood of the problem with zero clearance fireplaces. He replied, that virtually everything was related to the proper maintenance, cleaning CHELSEA WOODS MEETING WITH CITY COUNCIL, JANUARY 12, 1987 January 7, 1987 Page two and usage of the unit, especially staying within heat maximums recom- mended by the original manufacturer. In other words, all things being equal, there did not appear to be a higher danger caused by using the fireplace unless one would exceed the fire and heat capacity of the unit. Another factor Mr. Scofield mentioned was the settlino of the fireplace and this also includes masonry. He said that, in some instances, there could be a pulling away of the unit from where wood would be exposed to direct heat. In those cases, there is a distinct possibility of flame escaping from the fire box and touching the wood directly. Homeowners, whether in multi -family or single family units, are well-advised to hire a professional to periodically evaluate the condition of their free-standing zero clearance or masonry fireplace. The final analysis of the great property loss damage suffered at the Chelsea fire was really a function more of "time" than any other variable. From the recent movie that I showed the City Council regarding residential sprinklers, I am sure that they have a better understanding of what four or five minutes will do in the delay in reporting a fire. In the particular case in question, there appeared to be much more of a time delay! The bottom line then appears to be that we have to get the message to the public through our fire prevention and public education to call the Fire Department immediately on the first discovery of fire. RJC:Jm 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. Kresse! Lorraine Sr 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 LeRwevc. Lcf ler henncdN 0,111-icil 9. Di-aw7 k 111nl.."i'mal A,sm iation, a January 8, 1987 Mr. Frank Boyles Assistant City Manager CITY OF PLYMOUTH 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Chelsea Woods Fire Dear Mr. Boyles: The City Council requested at its January 5, 1987 meeting that I provide them with a letter addressing the legal ramifications to the City for the fire that occurred at Chelsea Woods on November 27, 1986. The subsequent investigation by the City Building Inspector indicated a possibility that the exterior separation walls between the units were not constructed according to the 1973 building code, which was in effect at the time of construction. The Chelsea Woods Homeowner's Association has requested the City Council to authorize the Building Inspector to inspect other units in the complex to determine whether they comply with the 1973 building code. The legal issues affecting the City include: 1. What potential liability exists if the units were not constructed according to the 1973 building code? 2. Does the City have a legal duty to inspect the remaining units in Chelsea Woods for possible building code violations? 3. Assuming that the City has no legal duty to inspect the remaining units, what additional potential liability is incurred by the City if the Building Inspector inspects the units? Mr. Frank Boyles January 8, 1987 Page 2 APPLICABLE LEGAL PRINCIPLES In order for the City Council to fully understand the answers to the questions that have been raised, I believe that it is important to summarize briefly the general legal principles applicable to this situation. First of all, it is important to note that the legal principles that apply to personal injury or property damage occurring on public property are not applicable. Consequently, the general rules of negligence, which apply to both private parties and governmental entities, are applicable and need to be briefly explained. In order for a person to demonstrate that another party is liable for negligence, the person must first demonstrate that the other party owed a duty to act in accordance with a certain standard of care. Second, the person must demonstrate that the other party did not follow that standard of care. Third, there must be legal causation between the breach of the standard of care and the injury suffered by the person. Finally, the injured person must suffer damages. The legal issues associated with this case focus on the first two factors. That is, does the City owe a legal duty to the Chelsea Woods residents, and if so, what is the extent of that dutv? POTENTIAL CITY LIABILITY FOR UNDISCOVERED BUILDING CODE VIOLATIONS THAT MIGHT HAVE OCCURRED AT THE TIME THE UNITS WERE CONSTRUCTED The principal case in Minnesota regarding liability of municipalities for building code and fire code violations is Cracraft v. City of St. Louis Park, 279 N.W.2d 801 Minn. 1979). In that case the Minnesota Supreme Court thoroughly analyzed the issue, which arose as a result of a fire at Benilde - St. Margaret's High School on October 27, 1974. The city's fire inspector had inspected the premises on September 13, 1974. The plaintiffs alleged that the fire resulted from the igniting of duplicating fluid that had been stored on a loading dock in a 55 gallon drum, which was a violation of the fire code. In determining whether there was any liability for the actions of the fire inspector, the court concentrated on the issue of whether the fire code created a legal duty on the part of the City to act in accordance with a certain standard of care. The court noted that the purpose of building inspections is "to make sure that construction within the corporate limits of the municipality meet the standards established." Id. at 804. Mr. Frank Boyles January 8, 1987 Page 3 The court then observed that building codes and building inspections "are not meant to be an insurance policy by which the municipality guarantees that each building is built in compliance with the building codes and zoning codes." Id. The court then observed that such inspections are not undertaken for the purpose of insuring either the person inspected or third parties that the building is free from all fire hazards or building code violations. In Cracraft the court concluded that building codes, fire codes, and municipal ordinances requiring inspections do not impose a legal duty on a municipality that would give rise to potential liability for negligence. The Cracraft decision reaffirmed the court's earlier holding in Hoffert v. Owatonna Inn Towne Motel, Inc., 199 N.W.2d 158 Minn. 1973) that the building code does not impose upon municipalities a duty to protect the personal or property interests of individuals, and therefore does not give rise to potential municipal liability for injuries that occur due to undiscovered building code violations. Based on the facts that are known to date, it appears that the building inspection that occurred at the time the units at Chelsea Woods were constructed was a standard building inspection that is routinely performed at the time of initial construction. Based on the Cracraft decision, the City has no liability to the property owners at Chelsea Woods for any building code violations that were not discovered as part of that inspection. CITY'S DUTY TO REINSPECT FOR BUILDING CODE VIOLATIONS There is no mandate in the Uniform Building Code that requires the City's building inspector to reinspect units after they have been constructed. The Code permits post -construction inspections whenever the building inspector has reasonable cause to believe that a building code violation exists that would make a building "unsafe, dangerous or hazardous." UBC §202(c). The purpose of such an inspection is to require the building owner to correct the unsafe conditions. Because the Uniform Building Code contains no mandatory post -construction inspection requirement, if any such duty exists it exists as a result of general common law legal principles. In Cracraft, the court stated that in determining whether a municipality has a duty to act in any given situation depends on all of the facts and circumstances. For example, a municipality owes a duty to avoid increasing the risk of harm to a particular person. In addition, reasonable reliance by individuals on a municipality's representations and conduct could impose a special duty. Mr. Frank Boyles January 8, 1987 Page 4 Also, actual knowledge of a dangerous condition can tend to impose a duty to inform others of the dangerous condition. Based on the facts and circumstances that are known to date, it is my opinion that the City has no mandatory legal duty to inspect the remaining units. The City probably does have a legal duty to disclose the information that has been learned as a result of the inspections conducted by the public safety department and building department. POTENTIAL ADDITIONAL LIABILITY IF THE CITY INSPECTS THE REMAINING UNITS The Uniform Building Code states that the Code is not to be construed to mean that an inspecting agency assumes any liability "by reason of the inspections authorized by this code." UBC §202(f). That provision has not yet been interpreted by the Minnesota Supreme Court. It can be argued that an inspection based solely on the request of a property owner is not authorized by the Code unless the Building Inspector first determines that the building is unsafe, dangerous or hazardous." The Minnesota Supreme Court stated in Cracraft that if a party assumes a duty that does not otherwise exist, the party has an obligation to exercise that duty in a reasonable manner. In other words, in situations where a party has no mandatory legal duty to act, the party can actually increase its potential liability by assuming such a duty. If the City inspects the units at Chelsea Woods that have not been damaged by the fire, the City is potentially increasing its exposure to liability by assuming a duty that does not otherwise exist. For example, if the City were to inspect the units and conclude that there is no building code violations, the City could potentially be liable if that determination is erroneous and is relied upon by the property owners. Although there is no legal duty to inspect the remaining units, there is no legal prohibition against such an inspection based upon the request of the property owners if the City Council deems it to be in the best interest of the City to do so. Such an inspection does not mean that the City will be an insurer of the units, however, it might increase the City's potential liability for any conclusions that are relied upon by the homeowners. There are ways that the City can attempt to limit its liability in this regard. For example, the City could contract with a third party to perform the inspection. Mr. Frank Boyles January 8, 1987 Page 5 CONCLUSION In summary, I do not believe that there is a basis for liability against the City as a result of the construction of the units. The City probably has no legal duty to inspect the remaining units but the City Council, in the exercise of its discretion, can choose to do so. The City Council should be cognizant of the fact, however, that by inspecting the units the City may potentially be increasing its exposure to liability. Sincerely, LeFEVERE, LEFLER, KENNEDY, O'BRIEN & DRAWZ Jmes homson, Jr. JJT/kjj CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 7, 1987 TO: Assistant City Manager Frank Boyles FROM: Community Development Director Blair Tremere SUBJECT REQUEST FOR INSPECTIONAL SERVICES BY CHELSEA WOODS HOME OWMERS SUMMARY: The City Council directed that staff prepare a report based on research regarding the proposal by Chelsea Woods homeowners that the City conduct an inspection of the attached dwelling units. This report deals with the research and conclusion I have conducted with my staff with respect to the role of the Building Inspection Division and the Codes which are maintained and enforced by that Division. I recommend that the information be reviewed carefully and in the context of observations by the City Attorney and by the Public Safety Department. 1. BACKGROUND: A fire occurred in one of the townhouse clusters at the Chelsea Woods complex on Thanksgiving Day and severely damaged several dwelling units in that cluster. The source of the fire was a prefabricated fireplace and the fire spread from the originating unit to others in the cluster, apparently through the walls and attic. Homeowners in the Chelsea Woods complex have questioned whether the attached dwellings in this development were built according to the Code, at least with respect to the fire separation walls and fireplaces (those installed with the original construction). The Homeowners Association President has requested the City Council to direct the inspection of all attached units in the Chelsea Woods complex to determine whether they were constructed in compliance with the 1973 Building Codes. 2. SHOULD THE CITY UNDERTAKE THE REQUESTED INSPECTIONS? The policy question of whether the City should respond to the request with the inspection services sought by the homeowners should be deliberated by the Council in light of information to be provided by the City Attorney. Page two Memorandum to Assistant City Manager Frank Boyles January 7, 1987 2. Continued: I have approached the question from the standpoint of how the City might under- take the inspections, if the City Council deems it appropriate `to do the inspections. The State law and State Building Code provide that the City must conduct certain inspections of new construction which is authorized under the Code. The Build- ing Code and the Uniform Housing Code (adopted by reference by the City of Plymouth) provide that inspections also should be conducted of premises where there is reasonable cause to believe there exists a condition or violation that renders the premises unsafe, dangerous, or hazardous. The City is not otherwise obligated to conduct building or housing inspections of existing buildings. The requested inspections should be conducted on behalf of the property owners. I recommend that a qualified firm or individual be retained to make the inspec- tions, and to report the findings. I recommend this because of the limited resources of the City staff, particular- ly in light of the ongoing inspection load of new construction which is the pri- mary activity of the Inspection Division at this time. Moreover, the necessary preparatory and restorative work, i.e., removing and replacing sheetrock and related materials, is beyond the scope of the duties and expertise of the Inspection Division personnel. Also, it seems appropriate to not cast the present City Inspection Staff and the City Building Official in an adversarial role of determining whether construc- tion performed at an earlier date, under a different Code, and enforced by a different staff, was appropriate, adequate, and in compliance with the former Code. The credibility of the inspection results would be substantially enhanced, particularly in the eyes of the homeowners, and of a court, if it were from a competent third party. 3. WHAT INSPECTION WORK IS INVOLVED? Homeowners have expressed concern about the design and construction of the fire separation walls and blocking, with respect to vertical and horizontal fire spread; and, they have expressed concern about the design and construction of the prefabricated fireplace units. Inspection of the fire separation wall design and construction would involve re- moving an area approximately 16 inches by 16 inches directly through each wall and examining the composition of the walls and support structure. The opening would be located between 2 -stud spaces in order that the existing construction materials could be replaced, or that new materials could be provided. Once re- paired, the opening would then need to be re -taped and sanded, prior to painting or other decorative restoration. Page three Memorandum to Assistant City Manager Frank Boyles January 7, 1987 Inspection of the fire separation in the attic space involves entering an attic access panel found in each unit, to allow for an inspection of each attic space. This involves visual verfication of the wall separation design and materials. No physical alteration and repair should be necessary in this area. Inspection of the design and construction of the prefabricated fireplaces would involve removing the exterior sheathing and siding material for each fireplace chase, approximately 5 ft. above the base of the fireplace opening along the three sides of the fireplace chase. The inspection would include the clearances around the chimney; the installation and location of framing components includ- ing headers; installation of firestopping, if required; and, the setting of the firebox. The materials would be reinstalled once the inspection investigation was completed. Fireplace design and construction would require examination of every unit to include the determination of whether all units were installed with original construction, or whether units were installed later or perhaps installed as replacement units. The inspection of the separation wall design and construction could be done on a sample basis, whereby one or possibly two test areas could be examined in each cluster of units. Inspection of the attic space could be done for each unit. 4. WHAT IS THE ESTIMATED COST OF PERFORMING THE REQUESTED INSPECTIONS? A precise cost is difficult to set now, because the type of inspection is not standard and the ease of performing the inspection is not known. Also, the cost would vary depending upon the resources committed, both in terms of who would do the inspection and, in terms of the actual manpower required. There are twenty-five clusters of attached dwelling units in Chelsea Woods and there are a total of 129 attached dwelling units in Chelsea Woods, inclusive of the one cluster and four units damaged in the fire. Manpower costs could be determined as a conservative estimate on a per unit basis, subject to actual physical discovery and requirements which would become known as the inspections proceeded. Two construction companies were contacted for rough cost estimates to do the preparatory work. The estimates were requested verbally on the basis of doing one test per cluster or doing one test per dwelling unit. The preparatory cost per unit on a 25 dwelling unit basis would be $225 to $380 for an approximate cost range for 25 units of $5,500 to $9,500. The preparatory cost per unit for 129 dwelling units would be $200 to $344 for a total estimated range of $25,800 to $44,400 for all 129 units. That is the estimated cost for the preparatory work alone and it does not include a specific dollar amount for final finish work when the openings are closed and repaired, i.e., repainting or replastering, as the case may be. The work noted above is the preparatory work. The cost of inspection can be estimated and we obtained verbal rough estimates from two firms which can conduct such inspections and which would provide an individual report stating Page four Memorandum to Assistant City Manager Frank Boyles January 7, 1987 the results of their investigation. That would include a statement as to whether the construction met the minimum requirements of the applicable Code. The estimates were requested on the basis of one test per cluster or on test per dwelling unit. The cost to do inspections on 25 dwelling units, i.e., one per cluster, would be approximately $950 to $2,000; the cost to do an inspection on each of the 129 dwelling units would be approximately $4,850 to $9,000. 5. OTHER SERVICES THAT CAN BE PROVIDED? The Homeowner Association representative indicated that some of residents had copies of construction plans at least for their individual units. The City could assure that available plans are reviwed and evaluated against the require- ments of the 1973 Building Code. We can assist the homeowners with the preparation of a quotation request for professional inspection services. Photocopies of applicable code and other records relative to Chelsea Woods can be provided; they are public information. The City does not have copies of the approved construction plans for the Chelsea Woods units. 6. WHAT IS THE APPARENT INTERPRETATIVE QUESTION ABOUT FIRE SEPARATION WALLS? The Uniform Building Code required and requires on exterior wall design of a one-hour fire rating from foundation to roof for detached dwellings, when the dwelling is closer than three feet to a property line. The Code also requires and required a separation wall with a fire rating of one-hour between attached apartments) dwelling units. The apparent dilemma for some Building Officials was whether to treat townhouse attached dwelling units as apartments -- and require a one-hour rated separation wall between units -- or, as detached dwellings -- and require a one-hour rated separation wall for each unit, for a total two-hour rated separation between the units. If the interpretation were made that townhouses are apartments, a separation wall with a less restrictive fire rating and design would be found in the wall construction of a townhouse unit. This dilemma does not exist today, at least in the City of Plymouth, and has not for several years. A fire rated separation wall is required for each unit from foundation to roof. That is not to say that the apparent interpretation of over a decade ago that the Chelsea Woods units were apartments, would render those units in violation of the Code or unsafe. The actual fire separation construction of all attached units in Chelsea Woods is not known, except for those units which were damaged by, and, thus, which had walls exposed by fire. We do not have knowledge of the specific interpretation by the Building Official at the time, nor do we have copies of the approved construction plans. CITY OF PLYMOUTH c 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: January 9, 1987, for January 12 City Council Agenda T0: Frank Boyles, Acting City Manager ;- T> FROM: Eric Blank, Director of Parks and Recreation SUBJECT: PARK AND RECREATION ADVISORY COMMISSION ANNUAL REPORT Please find attached copies of the 1986 Annual Report as submitted by the Park and Recreation Advisory Commission. The Commission approved adoption of the Annual Report at their January 8 regular meeting. The City Council should pass a motion accepting the report from the Commission and thanking them for their work during the past year. np Attachment