Loading...
HomeMy WebLinkAboutCity Council Packet 11-02-1987CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING NOVEMBER 2, 1987 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. CONSENT AGENDA 5. MINUTES - Approval of Minutes of the Special Council meeting of October 26, 1987 6. PETITIONS, REQUESTS AND COMMUNICATIONS A. Boulder Properties, Cottonwood Plaza Bank Facility. Site Plan at southeast quadrant of C.R. 9 and Vinewood Lane (87100) B. Welsh Construction Corp., Mutual Investment Prop. Site Plan and Conditional Use Permit for property northeast of 28th Ave. and Ranchview Lane (87103) C. Dufner's Soup In Sandwiches. Conditional Use Permit at 4192 Vinewood Lane (Cottonwood Plaza) 87104) D. Approval of liquor license change of ownership for Colony Liquors E. Pending enforcement action on the housing of adult dogs at 14400 40th Place, doe Spengler and Jo Magney (86143) F. Site Improvement Performance Agreement Release for CBM Industries, Inc. for the site at 13220 County Road 6 (86092) G. Resolutions approving traffic signal agreements: 1) C.R. 9 at I-494, City Project No. 642 2) C.R. 10 at Sycamore Lane, City Project 763 6. PETITIONS, REQUESTS AND COMMUNICATIONS H. Site Improvement Performance Agreement Reductions: 1) John Duffy for the site at 10850 Old County Road 15 (86045) 2) NCE Properties for the site at 12795 16th Ave. (85135) I. Resolution reducing special assessment for P.I.N. 10-118-22-41-0007 for Project No. 609 „ 47th Ave. west of Tammie Middlemist Addition J. Adoption of revised Engineering Guideline Revisions, street standards K. Bond Reductions: A. Report on sewer system evaluation proposal, I/I analysis, Amber Woods area 1) Jamestown Addition (84024) 2) Heritage West 2nd Addn. (86048) 3) Coachman Trails Addition (85022) 4) Amhurst 9th Addition (79046) 5) Parkside at Medicine Lake Addn. (A-338) 6) Pheasant Trails Addition (85103) 7) Parkers Lake North 2nd Addn. (87006) 8) Parkers Lake North 3rd Addn. (87036) 9) Parkers Lake North 4th Addn. (87084) L. Receive petition for street lighting and order engineering report: 1) Tyrell Sixth Addition (87105) 2) Parkers Lake North 3rd Addn. (87036) 3) Parkers Lake North 4th Addn. (87084) M. Award contract for street and utility construction: 1) Revere Lane/Trenton Place 2nd Addition, Project 517 2) Carlson Center 8th Addition, Project 751 N. Award contract for purchase of recycling containers 0. Johnson & Schroeder Partnership. Variance to allow division of land northeast of Schmidt Lake Road and Terraceview Lane (87077) 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Report on sewer system evaluation proposal, I/I analysis, Amber Woods area 0 7. REPORTS OF OFFICERS, BOARDS AND CONNISSIONS B. Resolution authorizing retention of consultant services for review of senior housing development proposals — C. Resolution amending development contract for Parkers Lake 2nd Addition regarding sidewalk width 87006) 8. ADJOURNMENT I M I N U T E S SPECIAL COUNCIL MEETING OCTOBER 26, 1987 A special meeting of the Plymouth City Council was called to or- der by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on October 26, 1987. PRESENT: Mayor Schneider, Councilmembers Vasiliou, Zitur, Crain, and Sisk, City Manager Willis, Planning Director Tremere, Public Works Director Moore, Park and Recreation Director Blank, City Attorney Thomson, and City Clerk Brandt ABSENT: None CONSENT AGENDA Motion was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA Zitur, to adopt the consent agenda deleting items 6-E-1 and 7-G Item 4 and adding items 7-L and 7-M to the agenda. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES - REGULAR Zitur, to approve the minutes of the Regular Council meeting of COUNCIL MEETING October 19, 1987 as submitted. OCTOBER 19, 1987 Item 5* Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-711 Zitur, to adopt RESOLUTION NO. 87-711 APPROVING DISBURSEMENTS DISBURSEMENTS FOR FOR THE PERIOD ENDING SEPTEMBER 30, 1987 in the amount of PERIOD ENDING 9/30/87 2,127,335.17. Item 6-A* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- LEAGUE OF MINNESOTA ber Vasiliou, to appoint the Communications Coordinator as the CITIES liaison to the League of Minnesota Cities 75th anniversary cele- Item 6-B bration. Motion carried, five ayes. Special Council Meeting October 26, 1987 Page 326 MOTION was made by Councilmember Crain, seconded by Councilmem- ORDINANCE NO. 87-31 ber Zitur, to adopt ORDINANCE NO. 87-31 AMENDING PORTIONS OF THE AMENDING ZONING CODE ORDINANCE NO. 80-9 ADOPTED DUNE 16, 1980 AS AMENDED AND KNOWN AS WASTE FACILITIES THE PLYMOUTH ZONING ORDINANCE RELATIVE TO WASTE FACILITIES. Item 6-C Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-712 AWARDING BID FOR CITY CENTER BUILDING CARPET to Pink Company in the amount of 19,799.26. Motion carried on a Roll Call vote, five ayes. Mayor Schneider stated the indication is that 14 days were lost due to the rain in duly. Brad Folkert, representing Shaw -Lundquist Associates, Inc., stated luly was the wetest month in the history of Minnesota which caused them to be shut down for 21 days up to August 5. What happened is that the hole filled up with ten feet of water and didn't drain so they had to pump it out and wait for the sun to dry it. Director Moore stated the consulting engineer collected data from the contractor and returned the request for the extension to him on October 6. Jim Olson, consulting engineer with Bonestroo, Rosene, Anderlik Associates, Inc., stated the letter dated August 5 from Shaw - Lundquist was received by him for recommendation on August 11. He wrote to Shaw -Lundquist indicating that they would need to submit documentation necessary to backup and support the posi- tion that they are asking for. That was submitted on September 29. They are asking for 14 days instead of 21 as some of the time was on non-critical items. He pointed out that the rain factor is more critical below grade than above grade. It is their opinion, after looking at the support documents, that this is a reasonable request. Councilmember Vasiliou stated again that her concern is not whether a delay is Justified, but the timeframe in which the City did not respond. Director Moore stated he did request a recommendation from the consulting engineer on August 11. It took them from then until September 29 to get the information from the cotractor. Mr. Folkert stated it took time to get the construction log into the office to make copies for the engineer. RESOLUTION NO. 87-712 AWARDING BID, CITY CENTER CARPETING Item 6-D* Special Council Meeting October 26, 1987 Page 327 Mr. Olson stated it is his understanding that the issue is the time lost due to the excessive rainfall and whether the good weather should minimize the request. Their records indicate that they lost 21 days but they are not asking for the entire time, only the 14 caused by the extraordinary rainfall. They approve the request. Mayor Schneider asked what further affect the weather will have on the project. Mr. Folkert answered that an early freeze would be a disaster to the project. Unless there are changes requested by the City, he cannot foresee any further requests for extensions caused by the weather. He further stated that the contractor would not be re- questing any further time extensions as a result of weather con- ditions up to this date. They also would not be requesting any changes in the contract amount as a result of weather condi- tions. Mr. Olson stated the contract requirements are that events that can be expected to occur are the contractor's risk. The rain- fall is a weather event that is above and beyond that which could be expected to happen. Therefore, they concluded that the request is reasonable. Mr. Olson stated the documentation that Shaw -Lundquist submitted says they have experienced 21 lost working days due to rain, 10 days through duly 23, so they are asking for an additional 10 working days. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-713 APPROVING CHANGE ORDER NO. 2, ZACHARY LANE WATER TREATMENT PLANT, PROSECT NO. 431 by extending the completion date to dune 15, 1988. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-714 APPROVING CHANGE ORDER NO. 4 FOR PROSECT NO. 711 by adding $3,376. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-715 REQUEST FOR PAYMENT NO. 5, GROVES OFFICE PARK AREA IMPROVEMENT PROSECT, PROSECT NO. 648 in the amount of $81,744.79 to Bury and Carlson, Inc. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 87-713 CHANCE ORDER . WATER TREATMENTPLANT PROSECT 431 Item 6-E-1 RESOLUTION NO. 87-714 CHANGE ORDER NO. 4 C.R. 61 PARK PROSECT 711 Item 6-E-2* RESOLUTION NO. 87-715 REQUEST R PAYMENT GROVES OFFICE PARK PROSECT 648 Item 6-F* Special Council Meeting October 26, 1987 Page 328 REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Greg Miller, President of the Creekside Homeowners Association, STATUS REPORT stated they now have a better understanding of the code restric- CREEKSIDE OF PLYMOUTH tions and appreciate the help the City has given them. (79018) Item 7-A Attorney Thomson stated he discussed this with Director Tremere and told him that the City could only cover those site improve- ment items that are covered in the site performance agreement and when these items have been completed it is appropriate to reduce and/or release the financial guarantee. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-716 Zitur, to adopt RESOLUTION NO. 87-716 AUTHORIZING REDUCTION OF BOND REDUCTION SITE PERFORMANCE GUARANTEE FOR DEAN JOHNSON FOR CREEKSIDE OF CREEKSIDE OF PLYMOUTH PLYMOUTH 2ND ADDITION (79018). 2ND ADDN. (79018) Item 7-A Motion carried on a Roll Call vote, five ayes. Director Moore presented the proposed revisions to the Engineer- GUIDELINE REVISIONS ing Standards for streets. They will be presented to the Devel- STREET STANDARDS opment Council at their October 28 meeting with a report back to Item 7-B the Council at its November 2 meeting. The Council reviewed the status of insurance claims against the City as submitted by the City's insurance agent. The Council reviewed the status of pending civil litigation against the City. The Council reviewed the status of public improvement projects. The Council reviewed the City Attorney's report on the open meeting law. Councilmember Vasiliou asked if it is legal for the Council to meet to discuss anything as long as the public has been notified that a meeting will take place. Attorney Thomson stated that was correct. The Council discussed the report on the evaluation of departmen- tal cost effectiveness. Councilmember Vasiliou stated this doesn't answer what has been done and what has been saved. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, that a report be prepared, to include the items from the Manager's memo of October 22, on the cost effectiveness back to January 1, 1987 so that methods to be implemented in the future can be measured. INSURANCE CLAIMS Item 7-C-1* LITIGATION REPORT Item 7-C-2* PUBLIC IMPROVEMENTS Item 7-D OPEN MEETING LAW Item 7-E DEPARTMENTAL COST EFFECTIVENESS Item 7-F 0 Special Council Meeting October 26, 1987 Page 329 Motion carried, five ayes. Mayor Schneider suggested that the distance of liquor establish- ments be 500 feet from residential areas to be consistent with the City Code rather than the 750 feet listed. Councilmember Crain stated he did not see a problem with a bar in an office complex situation and asked that the policy allow it. LIQUOR POLICY Item 7-G MOTION was made by Mayor Schneider, seconded by Councilmember RESOLUTION NO. 87-717 Sisk, to adopt RESOLUTION NO. 87-717 ADOPTING A REVISED POLICY AMENDING POLICY, ON - RELATING TO THE ISSUANCE OF ON -SALE INTOXICATING LIQUOR LICEN- SALE LIQUOR LICENSES SES changing the distance to 500 ft. and deleting the "x" for Item 7-G liquor bars in office complexes. MOTION to amend was made by Mayor Schneider, seconded by Coun- cilmember Zitur, to add hotels and motels to the description of free standing" facilities. Motion to amend carried, five ayes. Motion as once amended carried on a Roll Call vote, five ayes. Councilmember Sisk asked if PRAC had seen the review of park usage and maintenance levels. Director Blank stated they had not. Councilmember Sisk asked about the time allocated to mowing. Director Blank stated part of the time includes time on the road to get the mower to the park which would amount to approximately 10% of the time. Councilmember Sisk asked whether user groups would pay the majority of the cost or if the City will pay. Councilmember Crain stated the user groups will pay extraordi- nary costs of tournaments or leagues but not for normal use. Councilmember Vasiliou stated the City cannot continue to grow at this rate and pay for all the park maintenance. She is grateful for the report but doesn't know if user fees are real- istic. Oim Olson, Northwest Soccer Club, stated they pay $15 per game for the facilities. This is one of a few communities that charges. PARK USAGE REPORT Item 7-H Special Council Meeting October 26, 1987 Page 330 Councilmember Sisk asked that this report be brought back at budget and goal setting time in dune or duly to look again at it to determine where the Council wants to go during 1989. PRAC should respond with recommendations in the meantime. MOTION was made by Councilmember Sisk, seconded by Councilmember Crain, to receive the report and direct staff to move it along to PRAC for study, the study to include user fees and levels of maintenance and if user fees are contemplated. PRAC should hold a hearing to obtain comments from concerned citizens and athlet- ic groups and report back by March so anything other than user fees can be implemented in the spring of 1988 and user fees take effect in 1989. Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 87-718 Zitur, to adopt RESOLUTION NO. 87-718 AUTHORIZING STUDY OF ZON- AUTHORIZING STUDY ING ORDINANCE RETAIL PARKING STANDARDS BY BARTON-ASCHMAN ASSOCI- RETAIL PARKING RTES. Item 7-I* Motion carried on a Roll Call vote, five ayes. Councilmember Vasiliou stated she has trouble with 8 ft. widths as being wise from a cost standpoint. Mayor Schneider stated there is a legal reason to give room for bikes to pass. Director Moore stated 8 ft. is the minimum standard recommended for a two way bike trail. Director Blank stated the issue is whether to prohibit bikes from sidewalks. The system of removing bikes from sidewalks is a factor of the amount of traffic on a street. Sidewalks should be used primarily for walkers and bikers belong on the street. Because cars don't typically park on the streets, bikers are relatively safe. Discussion followed on which streets are considered residential and the difference between sidewalks and trails. Director Moore stated each area of the City will be different as residents view what it is safe for them to do. Director Tremere stated, with the exception of the 6 ft. stan- dard in downtown Plymouth, the standard is 5 ft. for sidewalks and 8 ft. for trails. He doesn't believe there is a downside to keeping those standards. Manager Willis stated the function of a trail is one thing if the intent is for pedestrians and another if it is for a bike. TRAIL & SIDEWALK STANDARDS Item 7-3 Special Council Meeting October 26, 1987 Page 331 Director Blank stated people can pass in 4 ft. in a residential area and to build at 8 ft. would be to overbuild and encourage the wrong use. Director Tremere stated that, given the City's policies and practices to date, sidewalks are not common. The recent devel- opment took into account the pedestrian traffic to the community playfield from a high density development. For this reason, a 6 ft. width was recommended. Discussion continued on who should pay for the trail and whether to change the 6 ft. to 5 ft. in the Parkers Lake development. MOTION was made by Councilmember Crain, to accept the report and for sidewalks and trails. Motion carried, five ayes. Sisk, seconded by Councilmember maintain the existing standards MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, directing staff to prepare an amendment to the develop- ment contract for the Parkers Lake development which would reduce the width of the sidewalk to 5 ft. with no reimbursement. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to table this until the November 2 meeting so that staff can contact the developer and relate the Council's inten- tions, getting input from the developer. Motion carried, five ayes. Councilmember Zitur reported on various meetings he's attended in the past month. Councilmember Sisk asked where the variance is being requested on the fire lane and whether similar townhome developments have fire lanes. Director Tremere stated no memo from the fire marshall was in the packet, but he verbally told the planner that he agreed with the variance request. Councilmember Sisk pointed out that the resolution doesn't re- flect the variance though the engineers memo refers to one. Director Tremere stated other developments were approved prior to this Code. The fire marshall has the authority to grant li- mited exceptions without Council approval; variances require Council approval. The site plan could be approved contingent upon written approval from the fire marshall. CCR REPORTS Item 7-K Special Council Meeting October 26, 1987 Page 332 Mark Rippentrop, representing the developer, stated the variance requirements have been met on the plans and this was approved by the fire marshall. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-719 .APPROVING SITE PLAN FOR MICHAEL McNEELY FOR PHEASANT TRAIL TOWNHOUSES (87107) contingent upon approval from the fire marshall of the fire lane variance. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 87-720 ADOPTING A POLICY RELATING TO THE PLYMOUTH GEESE TRANSLOCATION PROGRAM. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Mayor Schneider, that a brief survey of the Council be conducted by Councilmembers Sisk and Zitur with regard to the 1988/89 calen- dar. Councilmember Zitur stated he wants the Council to have more in- put into the calendar. Discussion followed on the content of the survey, a list of dis- cussion items for the study meetings, and how to expedite meet- ings. Motion carried, five ayes. The meeting adjourned at 9:55 p.m. City Clerk RESOLUTION NO. 87-719 SITE PLAN PHEASANT TRAIL TOWNHOUSES (87107) Item 7-L RESOLUTION NO. 87-720 GEESE TRANSLOCATION PROGRAM Item 7-M* r k ( oA AM CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 21, 1987 for City Council Meeting November 2, 1987 TO: James G. Willis, City Manager FROM: Community Development Coordinator Ray D. Anderson through Blair Tremere, SUBJECT Community Development Director GEORGE DANIELS, BOULDER PROPERTIES, INC. SITE PLAN AND VARIANCE (87100) SUMMARY: The attached Resolution approves the Site Plan and Variance for George Daniels, Boulder Properties, Inc., for the construction of a 2,700 sq. ft. bank facility in Cottonwood Plaza Center at the southeast corner of County Road 9 and Vinewood Lane. The Planning Commission reviewed the application at the meeting on October 14, 1987 and recommended approval by 4 Ayes and one abstention. Aff—k fn 1. Resolution 2. October 14, 1987 Planning Commission Minutes 3. October 7, 1987 Planning Staff Report 4. Large Plans 77 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING SITE PLAN AND VARIANCE FOR GEORGE DANIELS, BOULDER PROPERTIES, INC. (87100) WHEREAS, George Daniels, Boulder Properties, has requested approval of a Site Plan and Variance for the construction of a 2,700 sq. ft. bank facility to be located in the Cottonwood Plaza Center at the southeast corner of County Road 9 and Vinewood 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, MIN- NESOTA, that it should and hereby does approve the request for George Daniels, Boulder Properties for a Site Plan and Variance for the construction of a 2,700 sq. ft. bank facility to be located in the Cottonwood Plaza Center at the southeast corner of County Road 9 and Vinewood Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 7. All waste and waste containers shall be stored within an enclosure that meets City standards. 8. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. PLEASE SEE PAGE TWO Page two Resolution No. 87- 9. No Occupancy Permit will be issued for this site until the City Council has received and has accepted a report from the City Engineer indicating that a temporary storm water holding system is in place; and, that plans for a permanent drainage system have been submitted and further, that the developer of Cottonwood Plaza shall accept the costs associated with this action. 10. A variance is approved for a 1 ft. setback of the drive aisle from the principal building, due to the unique situation of drive -up window facilities. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, voted in favor thereof: the following The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 242 Planning Commission Minutes October 14, 1987 Commissioner Zylla suggested the titioner discuss their plans for a glazed brick build' with neighboring property owners to ascertain if the b lding will be compatible with other buildings in the area. Vice Chairman Pauba called a 5 minute Recess at 9:25 P.M. RECESS NEW BUSINESS Vice Chairman Pauba introduced the request and an overview BOULDER PROPERTIES of the October 7, 1987 staff report was provided by Coordin- INC./SITE PLAN AND ator Anderson. VARIANCE (87100) Vice Chairman Pauba introduced Mr. George Daniels, Boulder Properties, Inc., who had no questions or comments. MOTION by Commissioner Stulberg, seconded by Vice Chairman MOTION TO APPROVE Pauba to recommend approval for the Site Plan and Variance for the bank facility to be located at the southeast corner of County Road 9 and Vinewood Lane, subject to the condi- tions listed in the October 7, 1987 staff report. Vote. 4 Ayes. Commissioner Marofsky, abstained. VOTE - NOTION CARRIED MOTIby Commissioner Zylla, seconded by Commissioner Wire *MICHAEL McNEELY to rec end approval of the Site Plan, subject to the PHEASANT TRAIL condition listed in the October 7, 1987 staff report. TOWN"Ot'ES/SITE PLAN There was no present to represent this consent agenda item. \ Vote. 5 Ayes. MOTION "h4rried. Director Tremere showed slide of real estate signs seen throughout the City, some of whic were in the public right- of-way. Director Tremere noted that n informational letter was sent to area realtors on Septembe 1, 1987, explaining the use and placement of temporary real state signs. He stated that most of the realtors who c led understand problems arise with signs placed in the pu is right-of- way. Many voiced a need to erect signage to dir t the home buyers to their product off the site of the hous\orsale. He related the problems of City manpower to futhesesignregulations; and, that no permit is rtemporaryrealestatesigns. The City Council hthattheissueofoff-site real estate signage be and that a Public Hearing be held so that realtors and other interested parties are allowed to speak on this item. 87017) MOTION TO APPROVE VOTE - MOTION CARRIED REVIEW OF TEMPORARY REAL ESTATE SIGNS REPORT DATE: FILE NO.: PETITIONER: REO_UEST : CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO PLANNING COMMISSION October 7, 1987 7A MEETING DATE: October 14, 1987 George Daniels, Boulder Properties, Inc. Site Plan and Variance LOCATION: Southeast corner of County Road 9 and Vinewood Lane No. GUIDE PLAN CLASS: CS (service business) ZONING: B-3 (service business) BACKGROUND: The petitioner requests approval for a Site Plan and Variance for the construction of a 2,700 sq. ft. bank facility. On September 2.9, 1986 the City Council, under Resolution No. 86-598, approved a Preliminary Plat and General Development Plan for Cottonwood Plaza. A service retail development called Cottonwood Plaza within the plat by the same name is currently under construction. A car dealership, Powell Lincoln Mercury, in this plat is also underway. On January 12, 1987 the City Council, under Resolution No. 87-40, approved a Final Plat and Development Contract for Cottonwood Plaza prior to construction of the service retail development. Property owners within 100 ft. have been notified of the variance request. Attached is a copy of the variance criteria for reference. ANALYSIS: 1. The site complies with the ordinance provisions and requirements relating to building setbacks; lot coverage by structure (6.2% vs. 35%);rooftop equipment none); landscaping (17 overstory trees vs. 17 required); trash enclosure (wood construction in accordance with required standards); signage (1 freestanding sign within the maximum allowed 96 sq. ft. surface area and 36 ft. in height); one wall sign (within the ordinance maximum of 20% of the area of the wall to which the signage is attached); parking (27 parking spaces provided vs. 27 required); and, illumination provisions. 2. The petitioner has complied with the minimum Fire Code requirements relative to the location of fire hydrants and fire lanes. 3. The variance is for a 1 ft. vs. 10 ft. setback of the drive aisle from the principal building. This variance is requested to accommodate the drive through facility for the bank. Attached is a copy of the variance criteria and the petitioner's response to these criteria. 4. Park dedication fees will be cash fees in -lieu -of land dedication. Staff Report for George Daniels October 14, 1987 Planning Commission Meeting Page two 5. The Physical Constraints Analysis identifies that this property is located in the Bassett Creek Drainage District. It is not located in a Shoreland Management District nor does it contain any wetlands, major woodlands or severe slopes. The soils appear suitable for urban capability with public sewers. 6. All setbacks for buildings, parking, and drive aisles, meet the minimum ordinance standards with the exception of the side yard setback between the drive aisle and the property line (9 ft. vs. 15 ft. required). The Development Contract for the approved final plat of Cottonwood Plaza includes a provision 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. This provision permits the reduced side yard drive aisle setback since this drive aisle serves as a shared access between this site (Lot 1, Block 2) and the adjacent site (Lot 2, Block 2). 7. The City Council, on September 21, 1987, by Motion directed the following: No Occupany Permit is to be issued to anyone until the City Council has received and accepted a report from the City Engineer indicating that a temporary storm water holding system is in place; and, that plans for a permanent drainage system have been submitted and further, that the developer shall accept the cost associated with this action. The scope of the Council's direction includes all of Cottonwood Plaza Addition as it was originally proposed. This does include the site for this new bank facility. PLANNING STAFF COMMENTS: The proposed Variance for the drive aisle setback to the building is warranted due to the drive -up window for the bank. RECOMMENDATION: Staff recommends approval of the Site Plan and Variance subject to the conditions reflected in the draft recommendation. Attachments: 1. Recommendation 2. Location map 3. Variance Criteria 4. Petitioner's Correspondence 5. Engineer's Memorandum 6. Large Plans RECOMMENDED CONDITIONS FOR OCTOBER 140 1987 PLANNING COMf,1ISSION MEETING FOR GEORGE DANIELS, BOULDER PROPERTIES, INC. (871 00) APPROVING SITE PLAN AI4D VARIANCE FOR GEORGE DANIELS, BOULDER PROPERTIES, INC. FOR COTTONWOOD PLAZA BANK FACILITY (87100) 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 6. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 7stored within an enclosure that meets CityAllwasteandwastecontainersshallbe standards. otection Plan be S. An 8 1/2 x 11 inch "As-Built" site improvementFirer bonds sper lCity Poli submitted prior to Policy - the release or reduction o y City il 9. No Occupany Permit will be issued forthistithe siteuntiluEngineere indicating that as received and has accepted P and that plans for a permanent temporary storm water holding system is in place; , drainage system have been submitted and further, that the developer of Cottonwood Plaza shall accept the costs associated with this action. 10. A variance is approved for a 1 ft. setback variance of the drive aisle from the principal building. res/oct (daniels)1 B0 E PRu,PERTIES j N (, o l PO kA r i i September 10, 1987 Mr. Ray Anderson Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Cottonwood Plaza Bank Facility Site (87100) - Request for Variance Variance Requested: Plymouth Zoning Ordinance Section 10, Subdivision B, "Setback of parking or drive from principal building." We request a setback of 1' (one foot) along the northern side of the proposed building to allow automobiles in the bank drive -up lanes to be able to reach the teller window. The Plymouth Zoning Ordinance requires a setback of 10'. We respond to the Variance Standards as follows: 1) This building is designed to incorporate a branch bank facility with three (3) drive-through lanes. The first lane needs to be next to the building to allow drive-through cus- tomers to drop off parcels which are too large to fit into a standard pneumatic tube carrier. Bank design standards re- quire a 1' (one foot) separation from this first drive lane to the building; with a 10' separation the bank would not be able to provide the drive -up teller window which is required for their business. 2) This condition is unique to this property because our building is designed to accommodate a banking facility. 3) The variance is requested as the 1' setback for the drive- through lane is a necessary part of the bank's services. 4) The variance is asked to accommodate the bank, which is a building tenant and does not have an interest in the parcel of land. 641 East Lake • Suite 201 • Wayzata, Minnesota 55391 • (612) 476-4036 Mr. Ray Anderson, City of Plymouth Page 2 September 10, 1987 5) The granting of this variance will not be detrimental to the public welfare or injurious to others in the neighborhood. The property is zoned for this use, including the inclusion of a banking facility. 6) The granting of this variance will not endanger the public safety beyond what is normally encountered with a banking facility. We have provided required parking spaces, drive aisles and stacking spaces to allow automobiles and safety vehicles to circulate throughout the site. Our building does not exceed height or other yard setback requirements and will not impair the supply of light and air to adjacent properties. As this is an accepted use for this zoning area, the building will not diminish property values within the neighborhood. Very truly yours, Ueorge S. Daniels GSD/ jw City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: October 8, 1987 FILE NO.: 87100 PETITIONER: Mr. George Daniels, Boulder Properties, Inc., 641 East Lake Street, Wayzata, Mn. 55391 SITE PLAN: Cottonwood Plaza Bank LOCATION: South of County Road 9, East of Vinewood Lane 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. 4. Area assessments estimated - Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: None 5. other additional assessments estimated: None LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolida- tion be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. 4 N/A Yes No 7. X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water requirements. 9. X All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 10. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. See Item 21. 2- UTILITIES AND TRAFFIC- N/A Yes No 12. X All necessary permits for this project have been obtained - 13. X 14. X 15. X 16. X The following permits must be obtained by the developer: DNR Mn DOT X Hennepin County MPCA State Health Department Complies with Storm Drainage Plan - X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. Size and type of material proposed in utility systems has been provided - The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. Post indicator valve - fire department connection - It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. The post indicator valve shall be located on the service line into the building. 3- N/A Yes No 17. X 18 19 X X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. Fire lane provided - It will be necessary to construct a fire lane surrounding the building that can be utilized for fire protection purposes. The fire lane shall be constructed to current City Standards. Sanitary sewer cleanouts provided - It will be necessary to provide cleanouts on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 20. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 21. X All existing street right-of-ways are required width - Additional right-of-way will be required on Additional right-of-way as specified by Hennepin County for the turning radii for Vinewood Lane and County Road 9. 22. X Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 23. X Curb and gutter provided - The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 24. X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 25. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the 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's right-of-way. All connections to the water system shall be via wet tap. 26. X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer as-builts for the site prior to occupancy permits being granted. 27. X The site plan complies with the City of Plymouth's Engineering Standards Manual dated 1985. See Item 11, 12, 16, 17, 19, 21, 28 A, B, C and D. 5- SPECIAL CONDITIONS REQUIRED: 28. A. The existing catch basin shall not be relocated as shown but left in place and s new catch basin constructed where noted as proposed on the Site Plan. B. The inverts and top of casting shall be noted on the Site Plan for both existing and proposed catch basins. C. Drainage calculations are now being reviewed. D. The tree proposed in the Northwest corner of the site shall be relocated because of the right turn lane on Vinewood Lane. Submitted by: City Engineer M CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 21, 1987 for City Council Meeting November 2, 1987 TO: dames G. Willis, City Manager FROM: Community Development Coordinator Ray D. Anderson through Blair Tremere, SUBJECT Community Development Director JOHN STENCEL, MUTUAL INVESTMENT PROPERTIES. SITE PLAN AND CONDITIONAL USE PERMIT (87103) SUMMARY: The attached Resolution approves the Site Plan and Conditional Use Permit for Sohn Stencel, Mutual Investment Properties for the construction of an office/warehouse and to allow the outside storage of palletized materials on the site northeast of 28th Avenue North and Ranchview Lane. The Planning Commission reviewed the application at the Public Hearing held October 14, 1987 and recommended approval by unanimous vote. The Commission discussed the screening of the proposed outside storage, screening of rooftop equipment, and compatibility of the design of the proposed building with other buildings in the area. To address their concerns about screening of the outside storage, the Commission agreed that the fence along the west side of the site should be placed at an elevation of 984; and, that the developer maintain a 25 ft. area around the High Water Elevation on the northeast corner of the site to provide additional screening from the east and northeast. A wooden fence will be constructed around the rooftop equipment to buffer noise created by the enclosed air conditioning units and will be painted to match the building. The question of compatibility of the building with the design of other buildings in the area was addressed with a condition of approval requiring that the building be painted and finished for compatibility with those other buildings. AttanhmPntc 1. Resolution 2. October 14, 1987 Planning Commission Minutes 3. October 7, 1987 Planning Staff Report 4. Large Plans CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR JOHN STENCEL, MUTUAL INVESTMENT PROPERTIES (87103) WHEREAS, Sohn Stencel, Mutual Investment Properties, has requested approval of a Site Plan and Conditional Use Permit to construct an 18,825 sq. ft. office/warehouse facility; and, to allow outside storage of palletized materials on the site northeast of 28th Avenue North and Ranchview 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, MINNESOTA, that it should and hereby does approve the request for Sohn Stencel, Mutual Investment Properties, for a Site Plan and Conditional Use Permit to construct an 18,825 sq. ft. office/warehouse facility; and, to allow outside storage of palletized materials on the site northeast of 28th Avenue North and Ranchview Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment bf park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 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 completion of site improvements. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7. All waste and waste containers shall be stored within the enclosure. 8. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. PLEASE SEE PAGE TWO Page two Resolution No. 87- 9. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 10. The permit is issued to the Mutual Investment Properties 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 reviewed in one year to assure compliance with the conditions. 13. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 14. The rooftop equipment shall be visually screened with a wooden fence to be painted to match the building, per Ordinance, to effectively buffer noise so that it is not transmitted beyond the boundaries of the property so to be perceptible in the abutting residential district. 15. The building exterior shall be painted and finished consistent with nearby buildings. 16. The fence to be erected around the outside storage area shall be placed at an elevation of 984 to provide adequate screening for the west side of the site. 17. The developer shall maintain a 2.5 ft. area around the High Water Elevation on the northeast corner of the site in its natural state to provide additional screening from the east and northeast; and, the silt fence shall be no closer than 25 feet to the High Water Elevation. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 234 Planning Commission Minutes October 14, 1987 Vice Chairman Pauba opened the Public Hearin , as there was no one present to speak on the item, the P lic Hearing was closed. It was the consensus of the Commis on to take action on the request. MOTION by Commissioner Zyll , seconded by Commissioner Wire to recommend approval f the Conditional Use Permit for Mary Schlenz, to opera a Class II Restaurant in the B-3 Zoning District, to ted in the Cottonwood Plaza at the southeast corner of County Road 9 and Vinewood Lane North, subject to the conditions listed in the October 7, 1987 staff report. MOTION TO APPROVE Roll Call Vote. 4 Ayes. Commissioner Marofsky, abstained. VOTE - MOTION CARRIED MOTION carried. Vice Chairman Pauba introduced the request and an overview of the October 7, 1987 staff report was presented by Co- ordinator Anderson. Vice Chairman Pauba introduced Mr. Sohn Stencel, Mutual Investment Properties, who had no questions or comments and stated he would answer any questions from the Commission. Commissioner Wire inquired about the screening of the stor- age area and the fence construction. Mr. Stencel stated the fence would be an alternating board fence, which meets the requirement for 90% opacity. He noted that the storage will not exceed 6 ft. in height. Commissioner Marofsky inquired if the fence will be at the 974 elevation and he confirmed that they would grade to the silt fence in the northeast corner (the low, wet area) up to the fence. Vice Chairman Pauba read the letter submitted by Louis 0. Werneke, Louis 0. Werneke Company, who is opposed to the outside storage proposed for this site. Commissioner Zylla inquired about the location of Mr. Werneke's business relative to the proposed site. Coordina- tor Anderson stated Mr. Werneke's business is on Lot 6, west of the proposed site. Commissioner Wire inquired about the building materials and the painted accent colors. Mr. Stencel stated the perimeter strip would be a natural tone; the building will be a natural concrete color; and, anodized bronze will be used at the entrance. JOHN STENCEL MUTUAL INVESTMENT PROPERTIES SITE PLAN AND CONDITIONAL USE PERMIT (87103) Page 235 Planning Commission Minutes October 14, 1987 Commissioner Zylla inquired about the decision to leave the building unpainted. Mr. Stencel stated this was an archi- tectural decision; the owner had been given other alterna- tives. He stated that this building will be similar to the Jude Candy" building at Highway 55 and Niagara Lane. Commissioner Zylla stated his concern regarding an unpainted building where adjacent buildings are painted and finished. He could not support a proposal with an unfinished, un- painted building which would not be compatible with other buildings in the area. He suggested a brick front. He noted that paint is a minimal expense and painting the building would be in keeping with the neighboring facilities. Vice Chairman Pauba opened the Public Hearing. Gary Henriksen, Lakeville, MN, owner of "J -Mark", across from the proposed site, emphasized the importance of paint- ing the building. He inquired about the type of rooftop equipment proposed. Coordinator Anderson explained this would be air conditioning for the building. Vice Chairman Pauba closed the Public Hearing. MOTION by Commissioner Wire, seconded by Commissioner Zylla, MOTION TO APPROVE to recommend approval for the Site Plan and Conditional Use Permit for Mutual Investment Properties, subject to the conditions listed in the October 7, 1987 staff report, add- ing Condition No. 15., The building shall be painted and finished to be compatible with buildings in the area. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Wire to amend the Motion to add Condition No. 16., The fence shall be placed at an elevation of 984 to provide adequate screening for the west side of the site. Roll Call Vote on Amendment. 5 Ayes. MOTION carried. VOTE - AMENDMENT MOTION CARRIED Commissioner Stulberg recommended a textual edit for Condition No. 14., as follows: "The rooftop equipment shall be visually screened with a wooden fence to be painted to match the building, per Ordinance . . . ." MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEND Stulberg, to add Condition No. 17., The developer shall maintain a 25 ft. area around the High Water Elevation on the northeast corner of the site to provide additional screening from the east and northeast; and, the silt fence shall be moved beyond that area. Page 236 Planning Commission Minutes October 14, 1987 Mr. Stencel confirmed that the area for outside storage will be reduced in size; and, the trees will be retained. Roll Call Vote on second Amendment. 5 Ayes. MOTION carried. Roll Call Vote on Main Motion as twice Amended. 5 Ayes. MOTION carried. Vi Chairman Pauba introduced the request and an overview of Ne October 7, 1987 staff report was presented by Co- ordin or Anderson. Commissior Zylla inquired about the location of the 10- ft. setbacfor the free standing sign. Coordinator Anderson expl -ned the signage proposal. Commissioner Mar sky stated he represents persons with interests in surrou\ ws roperty, and if the Commissioners or the petitionersine this could be a conflict, he would step down. not asked to step down by either the Commissioners oetitioner's representative. Commissioner Marofsky inquid about the temporary holding pond that appears on the plan but is not referenced in the Engineer's Memorandum. Coordinator Anderson stated that,p r the Director of Public Works, it may not be necessary to prvide the temporary pond on this site. Assistant City Engineer Sweeney stated th t a permanent pond is proposed for the Cottonwood Plaza site No that the tempo- rary pond on this site would not be necessaN. Commissioner Marofsky noted that this pond is roposed, but not approved, nor, according to what he underst ds, has it been acquired. If the ponding area is not acqui ed by the time this site is ready for development, would i not be necessary to provide the temporary pond? Engineer Sweeney stated that negotiations are taking p ace and an agreement has been reached on a number of e conditions. The owner is in the process of providing th required area for ponding and has applied for the liability insurance policy. Sherman Goldberg, consultant for the developer of Cottonwood Plaza, stated that the City Council will be addressing this at their meeting on October 19, 1987. VOTE - AMENDMENT MOTION CARRIED VOTE ON MAIN MOTION AS AMENDED - MOTION CARRIED AMOCO OIL COMPANY REZONING, GENERAL DEVELOPMENT PLAN PRELIMINARY PLAT FINAL PLAT CONDITIONAL USE PERMIT, SITE PLAN AND VARIANCES (87062) REPORT DATE: FILE NO.: PETITIONER: REQUEST: CITY OF PLYMOUTH COMHUHITY DEVELOPMENT DEPARTlIE14T STAFF REPORT TO PLANNING COWISSION October 7, 1987 87103 Idwo MEETING DATE: October 14, 1957 Sohn Stencel, Mutual Investment Properties Site Plan and Conditional (Ise Permit LOCATION: Northeast of 28th Avenue No. and Ranchview Lane GUIDE PLAN CLASS: IP (planned industrial) ZONING: I-1 (planned industrial) BACKGROUND: The petitioner requests approval of a Conditional Use Permit and Site Plan for the construction of an 18,825 sq. ft. office/warehouse building. Approximately 20% of the building is to be devoted to office functions with the remaining 80% to be devoted to warehousing functions. The Conditional Use Permit is required for the outdoor storage of palletized plastic and steel pipe. In May of 1984, the petitioner requested approval of an 18,825 sq. ft. building on this site. In August of the same year the request was withdrawn by the petitioner due to high construction bids. A public hearing notice has been published in the legal newspaper and property owners within 500 ft. have been notified. A Development Sign was placed on the property. ANAI VSTS- 1. The Site Plan complies with the ordinance provisions and requirements relating to building setbacks; number of parking spaces and design of the parking lot (43 vs. 27 required); proof -of -parking requirements (55 vs. 58 required); lot coverage by structure (11.7% vs. 35% maximum); screening of rooftop equipment (enclosed with a wood fence); trash enclosure (masonry construction); landscaping (29 overstory trees vs. 29 required); signage; and, illumination provisions (lighting is not directed upon the public right-of-way or adjacent properties). The Fire Code re- quirements have been complied with. 2. The proposed outside storage is located north of the building near the truck/dock parking area. This storage area is proposed to be enclosed by a 6 ft. high alter- nating board fence around the perimeter of the site. The outside storage will be placed on a paved surface and stacking of materials will not exceed 6 ft. in height. Section 10, Subdivision C, of the Zoning Ordinance requires that any outside stor- age shall be located or screened with an adequate buffer so as not to be visible from any of the classes of residence district, adjoining property or public street. The proposed storage will be screened from the south by the new building. Screen- ing from the east, west, and north will be accomplished with landscaping and berm- ing, and a 6 -ft. high alternating board fence. Staff Report for John Stencel, Mutual Investment Properties October 14, 1957 Page two 3. A residential development is located southwest of this site. 4. The Zoning Ordinance specifies that all heating and cooling equipment mounted on the roof of new approved NON-RESIDENTIAL BUILDINGS shall effectively buffer noise so that it is not transmitted beyond the boundaries of the property so to be perceptible in any residential zoning district. Such equipment shall be designed including exterior color) and located so to be aesthetically harmonious and compatible with the building. Screening of the equipment may he required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening. 5. Park dedication fees will be cash fees in-lieu-of land dedication. 6. The Physical Constraints Analysis identifies that this property is located in the Bassett Creek Drainage District. It is not located in a Shoreland Management District but does contain some wetlands. It does include some major woodlands, but no severe slopes. The soils appear suitable for urban capability with public sewers. PLANNING STAFF COMMENTS: 1. The proposed Site Plan and Conditional Use Permit respond to the ordinance provi- sions and comply with the minimum development standards. The proposal satisfies the Ordinance standards and criteria for a Conditional Use Permit. 2. The petitioner has proposed to paint the rooftop equipment to match the building fascia or enclose the equipment with a wooden fence. We would recommend that the wooden fence be required to buffer noise from the adjacent residential area. RECOMMENDATION: Staff recommends approval subject to those conditions as reflected in the draft recommendation. Attachments: 1. Recommendation 2. Location map 3. Petitioner's correspondence 4. Conditional Use Permit criteria 5. Engineer's Memorandum 6. Large plans RECOMMENDED CONDITIONS FOR OCTOBER 14, 1987 PLANNING COMMISSION MEETING FOR JOHt1 STENCEL, MUTUAL INVESTMENT PROPERTIES (87103) APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR JOHN STENCEL, MUTUAL INVESTMENT PROPERTIES (87103) 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. 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 completion of site improvements. 5. Any signage shall be in compliance with the Ordinance. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7. All waste and waste containers shall be stored within the enclosure. 8. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. 9. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 10. The permit is issued to the Mutual Investment Properties 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 reviewed in one year to assure compliance with the conditions. 13. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 14. The rooftop equipment shall be visually screened, per Ordinance, to effectively buffer noise so that it is not transmitted beyond the boundaries of the property so to be perceptible in the abutting residential district. res/oct (mutual)1 S-7 t S 112 SEC. 21v Tfl6r 20# 1 -- 2" 410 E232 scale feet I, c AVE81, L 417- 4 G rk I I P r. P' 11 -roll B tcT CIRC c1btrrr - 2 CIRCLE STAR 4) 4 FIRST R, ItSMAINES 4 Welsh Page 2 City of Plymouth August 20, 1987 Mutual Investment Properties request a Conditional Use Permit in conjunction with the Site Plan Application. Enclosed please find the following requirements for the Conditional Use Permit. o Legible and reproducible written narrative describing the proposed use and its conformance to the standards set forth in Section 9, Conditional Use Permit Criteria. o Legal description of property. (See the enclosed current certified survey). o A complete Site Plan. (See the attached for the Site Plan Application). o A legible map indicating the subject property and all properties within 500 feet of the subject property. o List from Hennepin County of names and address of the current owners of record of all property within 500 feet of the boundaries of this property. Also, included are the mailing labels prepared by Hennepin County. o Complete and signed application form. o Fee per City of Plymouth's fee schedule. (Enclosed please find a check for $270.00). A Conditional Use Permit is requested for outside storage located north of the building in the truck/dock parking area. This storage area would be enclosed by a 6' high chain link fence around the perimeter. The materials to be stored within the confine would be palletized plastic pipe and steel pipe. Please refer to the grading plan and note that the elevation of the storage area will be approximately 968 and the elevation of 28th Avenue North, south of the building, is at 980. This proposed storage will be screened from the south by the new building. The screen on the north will be by the existing Brown & Campbell facility. The screening on the east will be by the fence and landscaping plus berming and the screening on the east will be the pond which is required to remain in its natural state along with landscaping and berming. Due to these conditions and the topography of the site, this outside storage will be one of the least noticeable located in the City of Plymouth. o Because of this situation it will comply with and have a positive effect upon the comprehensive plan. o This outside storage will not be detrimental to, or endanger, the public health safety morals or comfort of the City. Welsh , Page 3 City of Plymouth August 20, 1987 o This conditional use will not be injurious to the use and enjoyment of other properties in the immediate vicinity, again, because of the topography of the site where this storage will be located. It will not diminish or impair property values within the neighborhood. o The establishment of this conditional use will not impede the normal and orderly development and improvement of the surrounding properties for use as permitted in this district as it is in a I-1 zoning area. o Please note from the site plan the ingress, egress and parking, which will be located on-site will minimize traffic congestion in the public street. o This conditional use will conform to the applicable regulations of this district in which it is located. If you have any questions or if I can be of any assistance to help expedite this project through the site plan application process please contact me at 829-3415. S'ncerely GVG ohn Stencel Project Manager WELSH CONSTRUCTION CORP. cc: Tim O'Connor Enclosure Se c_`T (c, < fot)d(7 IOr1G. U: E perrr),7 G r r%E r 2. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. 5) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. City of Plymouth E N G I N E E R' S K E H 0 to Planning Commission & City Council DATE: October 7, Z987 FILE NO.: 87203 PETITIONER: Mr. John StenceZ - WeZsh Construction. Co., ZZ200 Fest 78th Street, Eden Prairie, Mn. 55344 SITE PLAN: MutuaZ Investment Properties LOCATION: North of 28th Avenue, East of Vicksbvra Lane in the Southwest Z/4 of Section 21. ASSESSMEV RECORDS: N/A Yes No 1. X 2. X 3. X. 4. 5. Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. I and No. 2. Area assessments estimated - Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of Site Plan approval: Watermain Area Assessment for Vacatea Ranchview Lane based on 0. 5,, Acres x , cre = . L z . Sanitary Sewer Area Assessmer. for Vacatea _,anc .v;.ezz Lane ase 0. 55 Acres x Z, Z20. 00 Acre =11 1 C. Other additional assessments estimated: None LEGAL/EASEMENTS/PERMITS: 6. X Property is one parcel - The approval of the site plan as proposed requires that a lot consolida- tion be approved by the City Council and the necessary resolution should be processed at the same time as the site plan approval. N/A Yes No 1. X. Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 8. X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the stablished 100 year high water elevation and conformance with the City's comprehensive storm water requirements. An Easement for ponding purposes to an eZevation 964.0 wiZZ be reauired over tre Northeast corner o ie sz e. 9. X_ All standard utility easements required for construction are provided - The following easements will be required for construction of utilities. 10. Y_ All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. It should be noted that this vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 11. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 2- UTILITIES AND TRAFFIC: N/A Yes No 12. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR Mn DOT Hennepin County MPCA State Health Department 13. X Complies with Storm Drainage Plan - X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other The site plan will be submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 14. X. Necessary fire hydrants provided - The City of Plymouth requires that all parts of a building such as the one proposed be within 300 feet of a fire hydrant. It will be necessary to locate hydrants in such a manner that the site plan complies with this section of the City Ordinance. 15. X Size and type of material proposed in utility systems has been provided - The utility plan shall be revised to indicate the size and type of material required in the proposed sanitary sewer, watermain services and storm sewer. 16. X Post indicator valve - fire department connection - It will be necessary to locate the post indicator valve in such a manner that it will not render any of the existing fire hydrants inoperable. 3- V W/A Yes No 617. X Hydrant valves provided - All new fire hydrants shall be valved with 6" gate valves per City Engineering Guidelines Detail Plate No. W-2. This plate should be referenced on the site plan. 18. X Fire lane provided - It will be necessary to construct a fire lane surrounding the building that can be utilized for fire protection purposes. The fire lane shall be constructed to current City Standards. 19. X Sanitary sewer cleanouts provided - It will be necessary to provide cleanouts on the proposed internal sanitary sewer system at a maximum of 100 foot intervals. 20. X Acceleration/deceleration lanes provided - 21 22. X X Acceleration/deceleration lanes are required at the intersection of and All existing street right-of-ways are required width - Additional right-of-way will be required on Complies with site drainage requirements - The City will not permit drainage onto a City street from a private parking lot; therefore, the site plan shall be revised accordingly. 4- N/A Yes No 23. Y. Curb and gutter provided - 9 The City requires B-612 concrete curb and gutter at all entrances and where drainage must be controlled, Curb Stone may be used where it is not necessary to control drainage. For traffic control either B-612 or curb stone is required around the bituminous surfaced parking lot. The site plan shall be revised to indicate compliance with this requirement. 24. X Complies with parking lot standards - The City will require that all traveled areas within the parking lot, as well as the proposed entrances, shall be constructed to a 7 -ton standard City design with six inches of Class 5 100% crushed limestone and three inches of 2341 wear or five and one-half inches of 2331 base and two inches of 2341 wear. All parking areas may be constructed to a standard 5 -ton design consisting of four inches of Class 5 100% crushed base and two inch bituminous mat. The site plan shall be revised to indicate compliance with these requirements. STANDARDS: N/A Yes No 25. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the 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's right-of-way. All connections to the water system shall be via wet tap. 26. X The City will require reproducible mylar prints of sanitary sewer, water service and storm sewer as-builts for the site prior to occupancy permits being granted. 27. X The site plan complies with the City of Plymouth's Enggineering Standards Manual dated 1985. See Item, 4, 8, ZZ, Z2, Z9 and 28A. 5- SPECIAL CONDITIONS Pq IHED: rg A. The two existing catch basins at the West driveway are located at the Zoe.l, oint of28th Avenue. The existing castings shaZl be repZaced with 3246-AP with curb pZate and two new catch basins shall be installed as shown on the utility plan. B. The West driveway shaZZ be raised to a minimum eZevation of Z' above the gutter Zine of 28th Avenue to ensure water from the Zow point on 28th Avenue does flow into the parking lot. C. The site plan shaZZ be revised to locate and identify the outlet pipe for the Northeast ponding area. The invert elevations of the outlet pipe shall be shown also. Submitted bv: /"J/ City Engineer to CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 21, 1987 for City Council Meeting November 2, 1987 TO: dames G. Willis, City Manager FROM: Community Development Coordinator Ray D. Anderson through Blair Tremere, SUBJECT Community Development Director CONDITIONAL USE PERMIT FOR MARY SCHLENZ d/b/a DUFNER'S SOUP'R SANDWICHES 87104) SUMMARY: The attached Resolution approves the Conditional Use Permit for Mary Schlenz to operate a Class II Restaurant to be located in Cottonwood Plaza Center at 4192 Vinewood Lane North. The Planning Commission reviewed the application at the Public Hearing held October 14, 1987 and recommended approval by 4 Ayes and one abstention. A condition has been provided, per Council direction for this development, regarding occupancy. Att nhmcntc 1. Resolution 2. October 14, 1987 Planning Commission Minutes 3. October 7, 1987 Planning Staff Report CITY OF PLYMOUTH i 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 r following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING A CONDITIONAL USE PERMIT FOR MARY SCHLENZ D/B/A DUFNER'S SOUP'R SANDWICHES 87104) WHEREAS, Mary Schlenz, d/b/a Dufner's Soup'r Sandwiches, has requested a Conditional Use Permit to operate a Class II Restaurant offering take-out service in the Cottonwood Plaza Center to be located at 4192 Vinewood 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 Mary Schlenz, d/b/a Dufner's Soup'r Sandwiches for a Conditional Use Permit to operate a Class II Restaur- ant offering take-out service in the Cottonwood Plaza Center to be located at 4192 Vinewood Lane North, subject to the following conditions: 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 Mary Schlenz, d/b/a Dufner's Soup'r Sandwiches, as opera- tor of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. Any signage shall conform with the City Ordinance standards. 5. There shall be no outside display, sales, or storage of merchandise or related materials. 6. The permit shall be renewed in one year to assure compliance with the conditions. 7. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance. 8. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 9. No Occupancy Permit will be issued for this site until the City Council has received and has accepted a report from the City Engineer indicating that a temporary storm water holding system is in place; and, that plans for a permanent drainage system have been submitted; and, further, that the developer of Cotton- wood Plaza shall accept the costs associated with this action. 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 o owing voted against or abstained: hereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 14, 1987 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Vice Chairman Pauba, Commissioners Wire, Stulberg, Zylla and Marofsky MEMBERS ABSENT: Chairman Steigerwald and Commissioner Plufka STAFF PRESENT: Planning Director Blair Tremere Community Development Coordinator Ray Anderson Assistant City Engineer Sohn Sweene Planning Secretary Grace Wineman / MINUTES MOTION by Commissioner Zylla, seconded by Comm' sioner Wire to approve the September 22, 1987 Plan n' g Commission Minutes as submitted. VOTE 5 Ayes. MOTION carried. CONSENT AGENDA MOTION TO APPROVE VOTE - MOTION CARRIED MOTION by Commissioner Zylla, se nded by Commissioner Wire MOTION TO APPROVE to approve the Consent Agenda Item 7-C. Site Plan for Michael McNeely, Pheasant Tr 1 Townhouses for 24 multi- family units, subject to the conditions listed in the Octo- ber 7, 1987 staff report. VOTE 5 Ayes. MOTION carfied. VOTE - MOTION CARRIED Coordinator Anderson explained that Mr. and Mrs. Robert McAuliffe, have aga' requested deferral of their request to the meeting of Oc ber 28, 1987. A letter confirming their request is on fi . He also explai,ied that a Public Hearing Notice was published in the legal newspaper for Northwood Homes, for considera- tion of a Conditional Use Permit by the Planning Commission on October 14, 1987. The application was temporarily with- drawn by Gair & Associates, the petitioner's consultants, in their October 8, 1987 letter. PUBLIC HEARINGS Vice Chairman Pauba introduced the request and an overview MARY SCHLENZ of the October 7, 1987 staff report was presented by Co- CONDITIONAL USE ordinator Anderson. PERMIT FOR A CLASS II RESTAURANT Vice Chairman Pauba called on the petitioner, she was not (87104) present. 233- Page 234 Planning Commission Minutes October 14, 1987 Vice Chairman Pauba opened the Public Hearing, as there was no one present to speak on the item, the Public Hearing was closed. It was the consensus of the Commission to take action on the request. MOTION by Commissioner Zylla, seconded by Commissioner Wire to recommend approval for the Conditional Use Permit for Mary Schlenz, to operate a Class II Restaurant in the B-3 Zoning District, located in the Cottonwood Plaza at the southeast corner of County Road 9 and Vinewood Lane North, subject to the conditions listed in the October 7, 1987 staff report. MOTION TO APPROVE Roll Call Vote. 4 Ayes. Commissioner Marofsky, abstained. VOTE - MOTION CARRIED MOTION carried. ViNe Chairman Pauba introduced the request and an overview JOHN STENCEL of Nhe October 7, 1987 staff report was presented by Co- MUTUAL INVESTMENT ordi for Anderson. PROPERTIES Vice C% hew n Pauba introduced Mr. Sohn Stencel, Mutual Investmroperties, who had no questions or comments and stated ld answer any questions from the Commission. Commissioner WXe inquired about the screening of the stor- age area and theNfence construction. Mr. Stencel statede fence would be an alternating board fence, which meets e requirement for 90% opacity. He noted that the storage 'll not exceed 6 ft. in height. Commissioner Marofsky inqu ed if the fence will be at the 974 elevation and he confirmN that they would grade to the silt fence in the northeast coer (the low, wet area) up to the fence. Vice Chairman Pauba read the letter submitted by Louis 0. Werneke, Louis 0. Werneke Company, wh is opposed to the outside storage proposed for this site. Commissioner Zylla inquired about the 1 ation of Mr. Werneke's business relative to the proposed siCoordina- tor Anderson stated Mr. Werneke's business is on. of 6, west of the proposed site. Commissioner Wire inquired about the building materia and the painted accent colors. Mr. Stencel stated the peri eter strip would be a natural tone; the building will be a natural concrete color; and, anodized bronze will be used at the entrance. SITE PLAN AND CONDITIONAL USE PERMIT (87103) REPORT DATE: FILE NO.: PETITIONER: CITY OF PLYMOUTH COMMUNITY DEVELOPME14T DEPARTMENT STAFF REPORT TO PLANNING COMMISSION October 7, 1987 87104 Mary Schlenz MEETING DATE: October 14, 1987 REQUEST: Conditional Use Permit for Dufner's Soup'r Sandwiches LOCATION: Southeast corner of County Road 9 and Vinewood Lane No.; Cottonwood Plaza/4192 Vinewood Lane) GUIDE PLAN CLASS: CS (service business) ZONING: B-3 (service business) w n[(_R(M Wn The petitioner requests approval of a Conditional Use Permit to operate a soup and sandwich food service in the Cottonwood Plaza Center at the southeast corner of County Road 9 and Vinewood Lane. On September 29, 1986 the City Council, under Resolution No. 86-598, approved a Preliminary Plat and General Development Plan for Cottonwood Plaza. A service retail development called Cottonwood Plaza within the plat by the same name is currently under construction. A car dealership, Powell Lincoln Mercury, in this plat is also underway. On January 12, 1987 the City Council, under Resolution No. 87-40, approved a Final Plat and Development Contract for Cottonwood Plaza prior to construction of the service retail development. A public hearing has been published in the legal newspaper and property owners within 500 ft. have been notified. ANALYSIS: 1. The ordinance allows a Class II restaurant (fast food restaurant) in the B-3 Zoning District as a conditional use. 2. Attached for reference is a copy of the Conditional Use Permit criteria and the petitioner's correspondence addressing these criteria. 3. There will be sit-down service for customers at this location. The seating capa- city will be approximately 37 persons. A significant number of customers will take the food off the premises to eat. 4. The petitioner anticipates that the heaviest business period will be from 11:00 A.M. to 1:00 P.M. The majority of business during this time will be take-out. 5. The hours of operation will be from 7:00 A.M. to 9:00 P.M. Staff Report for Mary Schlenz October 14, 1987 Planninq Commission Meetinq Page two 6. The petitioner anticipates that three or four people will be employed by this business. 7. Parking requirements for this use were accounted for in the parking planned for Cottonwood Plaza. 8. No Occupancy Permit is to be issued to anyone until the City Council has received and accepted a report from the City Engineer indicating that a temporary storm water holding system is in place; and, that plans for a permanent drainage system have been submitted and further, that the developer shall accept the cost associated with this action. The scope of the Council's direction includes all of Cottonwood Plaza Addition as it was originally proposed. This does include the site for this restaurant. PLANNING STAFF COMMENTS: The proposal satisfies the ordinance standards and criteria for a Conditional Use Permit. RECOMMENDATION: We recommend approval of the Conditional Use Permit subject to those conditions as reflected in the draft recommendation. Attachments: 1. Recommendation 2. Location map 3. Petitioner's correspondence 4. Floor plan 5. Conditional Use Permit criteria r RECOMMENDED CONDITIONS FOR OCTOBER 14, 1987 PLANNING COMMISSION MEETING FOR MARY SCHLENZ (87104) APPROVING A CONDITIONAL USE PERMIT FOR MARY SCHLENZ FOR DUFNER'S SOUP'R SANDWICHES AT LOT 2, BLOCK 2, COTTONWOOD PLAZA (87104) 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 Mary Schlenz for Dufner's Soup'r Sandwiches as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. Any signage shall conform with the City Ordinance standards. 5. There shall be no outside display, sales, or storage of merchandise or related materials. 6. The permit shall be renewed in one year to assure compliance with the conditions. 11. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance. 12. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. 13. No Occupancy Permit will be issued for this site until the City Council has received and has accepted a report from the City Engineer indicating that a temporary storm water holding system is in place; and, that plans for a permanent drainage system have been submitted and further, that the developer of Cottonwood Plaza shall accept the costs associated with this action. res/oct (dufners)1 14-0007 } DO -,367n - 655. ,. \ t I LED 6,7.60)- RO RD- st. t9' "t.. C _ ,•6236 _ _ 1M7.19'77•-' i .^ 29 I;n 31 e6. 63' 17.16'10. I I p6' •.97..16' R (Z) 0.00•x. t. 1740. 14 I 3 L 09 w a I 100 e x los o0 ME POWEL L S 71_,ADDITION , BLOCK I - 36.0,30. Lor i 3t,. 7. 00 (<) E` ti o. o e c D. ri- 6) 706.5 05., •a 66. ue. r 157 .6+ OICI a 3 a = P (z) oG.13 s m 'p zz3.a 7) 0) 956; 0-inK71 YMep fr 1, /Y7. l 7J-7/ /frn - /Jo_ss to, a.' 0 Hi a ERI q E 3 I • t 47. lr) rb 6 5 4 (! l.76 60, 1 ' I3T TH _ Q ll ZS 1 rte. • J • 0 . _ 6 3 f Z sD1 ` a 8. t't 1"1 11 , IOM3Vti 73.16• 7 ti $ 7 A a, . Ka t `',. a c 4 5$ 4 2)% (20- i(2)) s n• u 14 w. 0 0 4 l S h3) 1 V 9 G e! (15) . (2 y4.',,1``( w s . ERI C E S OUTLOT D O 8 n.. V by ` (28) 7 J Ile y1 (xy y a 30)n 6 (t7)o'_ (t6) o g' 3 ALIGy rr 14 6rO (29 8 00 e.•. (ze) 6 o (3t) e I 5 I I j- ! n '3 e a H Dufner's Soup'r Sandwiches 1. To the best of my knowledge, I am in compliance with the Comprehensive Plan. 2. We are a new company, but I have been in the liquor and food business before. I was 500 owner of Mr. Bob's in Crystal from 1982 to 1985. We put in a kitchen in the bar in 1983 and became very well known for our great homecooked meals. Our publicity consisted of several write ups in newspapers and a story by PM Magazine. We will be serving different soups and sandwiches; plus a salad bar. Our hours will be from 7:00 A.M. to 9:00 P.M. 3. We feel we will be an asset to the community, bringing our good food to the area. 4. We will not be interfering with any surrounding property in the district. 5. Our busiest hours will be from 11:00 A.M. to 1:00 P.M. We do not feel it will be congested because it will mainly be take-out. Our seating capacity will be about 37. We will be employing 3 or 4 people. 6. To the best of my knowledge, we do conform to all of the regulations which are required by the City of Plymouth. r:QUiPMENT. FLOO12 - PLAU S c` to^ q C001d(Torlck Se perm,7- G i7(9_r1 a Z. Procedure. Before any Conditional Use Permit may be granted, the application therefore, shall be referred to the Planning Commission for purposes of evalua- tion against the standards of this Section, Public Hearing, and development of a recommendation to the City Council, which shall make the final determination as to approval or denial. a. The Planning Commission shall review the application and consider its con- formance with the following standards: 1) Compliance with and effect upon the Comprehensive Plan. 2) The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimen- tal to or endanger the public health, safety, morals or comfort. 3) The conditional use will not be injurious to the use and and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. 4) The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District. S) Adequate measures have been or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in the public streets. 6) The conditional use shall, in all other respects, conform to the appli- cable regulations of the district in which it is located. p CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 DATE October 29, 1987 TO: . MEMO FROM: 3ames G. Willis, City Manager SUBJECT Laurie Brandt, Clerk APPROVAL OF LIQUOR LICENSE CHANGE OF OWNERSHIP FOR COLONY LIQUORS Charles Ashbeck, Joint shareholder of Ashbeck-Guth Incorporated, is proposing to purchase Mr. Guth's share of the corporation which owns The Colony Liquor Store at 15705 35th Ave. According to City Code, attached, "It is the continuing duty of each corporate licensee to promptly notify the City Manager of any change in ownership. The City Council may cancel and terminate any license issued hereunder upon determination that any change of ownership of stock in such corporate licensee has resulted in a change of control of such corporation so as to materially affect the integrity and character of its management and its operation..." It is recommended, after consulting the with City Attorney who determined that the proposed change will not materially affect the operation, that the license should continue as previously approved noting the change of corporate ownership. A resolution acknowledging the transaction is attached for Council consideration. At 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 followinq members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING LIQUOR LICENSE CHANGE OF OWNERSHIP THE COLONY LIQUOR STORE WHEREAS, Charles Ashbeck and Robert Guth, as Ashbeck-Guth Incorporated, own The Colony Liquor Store locted at 15705 35th .Ave., Plymouth; and WHEREAS, Charles Ashbeck is proposing to purchase Mr. Guth's share of the corporation; and WHEREAS, Plymouth City Code requires that the City Manager be notified of any and all changes in corporate ownership; and WHEREAS, the Council has determined that the transfer of stock will not materially affect the integrity and character of The Colony Liquor Store's management and its operation; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it does approve the change of corporate ownership of The Colony Liquor Store and acknowledge the validity of Mr. Ashbeck's liquor license. 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. Plymouth City Code 1206.33 (Rev. 1987) a) destruction or damage of the licensed premises by fire or other catastrophe; b) the licensee's illness; c) the licensee's death; or d) a change in the legal status of the municipality making it unlawful for the licensed business to continue. 1206.33. Additional Bottle Club Permit Fee. There is imposed upon the holder of a bottle club permit issued pursuant to Minnesota Statutes, Section 340A.414, including religious and non-profit organizations, the additional fee set by Chapter X. The fee shall be paid to the City Clerk on or before July 1st of each year and a receipt given therefor. There shall be no pro rata adjustment of the fee for a portion of a year. The written receipt for the bottle club permit fee shall beposted in a conspicuous place upon the premises together with the permit issued by the Commissioner. 1206.35. Granting of Licenses. Subdivision. 1. Investigation and Issuance. The City Council shall investigate the facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and public hearing, the Council may, in its discretion, grant or refuse the application. No license shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner. Subd. 2. New Licenses; Hearing Required. The public hearing for the issuance of a license for a new premises or for a different licensee at the same premises shall be preceded by (i) two weeks' published notice and (ii) ten days' posted notice in at least three public places in the vicinity of the premises to be licensed. 1206.37. Disclosure; Corporate Licensees. It is a condition of every license issued to a corporation that the City Manager be furnished by the licensee with a correct list of all stockholders of the corporation and the number of shares held by each, either individually or beneficially for others. It is the contin- uing duty of each corporate licensee to promptly notify the City Manager of any change in ownership or beneficial interest of such shares. Changes of ownership or beneficial interest of shares of stock entitled to be voted at any meeting of the stockholders of the corporation which results in change in voting control of the corporation by the persons owning shares of stock therein shall be deemed equivalent to a transfer of the license issued to the corporation and any such license shall be revoked and terminated 30 days after any such change in owner- ship or beneficial interest of shares unless the City Manager shall have been notified of such change in writing, and the City Council shall have approved thereof. The City Manager may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify the names of the stodkholders and persons voting at meetings of such corporations. The City Council may cancel and terminate any license issued hereunder to a corpora- tion upon determination that any change of ownership of stock in such corporate licensee has resulted in a change of control of such corporation so as to materially affect the integrity and character of its management and its opera- tion of an "off -sale" or "on -sale" business, provided that no such action shall be taken until after a hearing by the City Council on 30 days' written notice to the licensee. ROBINS, ZELLE, LARSON 8 KAPLAN FOUNDED IN 1938 AS ROBINS, DAVIS 6 LYONS ATTORNEYS AT LAW ATLANTA, GEORGIA INCLUDING THE FORMER FIRM OF STACKER b RAVICH DALLAS, TEXAS 1800 INTERNATIONAL CENTRE MINNEAPOLIS, MINNESOTA 900 SECOND AVENUE SOUTH NEWPORT BEACH, CALIFORNIA MINNEAPOLIS, MINNESOTA 55402-3394 SAINT PAUL, MINNESOTA TELEPHONE (612) 349-8500 WASHINGTON, TELECOPIER (612) 339-4181D. C. TODD CLINTON WYLIETWX910-576-2737 WELLESLEY, MASSACHUSETTS 612) 349-6750 BY MESSENGER October 21, 1987 Mr. James Willis City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Willis: We represent Mr. Charles Ashbeck, a shareholder of Ashbeck-Guth, Incorporated (the "Company"). Mr. Ashbeck is in the process of making an offer to purchase Mr. Guth's share of the Company Proposed Transaction"). Therefore, pursuant to Section 1206.37 of the Plymouth City Code, please let this letter serve as notice of the Proposed Transaction. The Company currently operates a liquor store in Plymouth in connection with a City of Plymouth liquor license held by Mr. Ashbeck and listing the Company and Mr. Guth as named parties. Mr. Ashbeck and Mr. Guth each own 50% of the Company's shares. Pursuant to the terms of the Proposed Transaction, Mr. Ashbeck will be purchasing all of Mr. Guth's shares. As Mr. Ashbeck is the current licensee and a current shareholder of the Company, we do not believe that the Proposed Transaction results in a change in ownership which, pursuant to Section 1206.37, "materially affects[s) the integrity and character" of the Company's management and operation. We, therefore, request that the Plymouth City Council approve the Proposed Transaction and thereby evidence the post -transaction validity of Mr. Ashbeck's liquor license. Mr. James Willis October 21, 1987 Page 2. It is contemplated that the Proposed Transaction will close in mid-November. So that we might obtain prior approval for this change in ownership, we request that the licensing approval for the Proposed Transaction be placed on the City Council's Agenda for the meeting to be held November 2. We will keep you informed of the status of the Proposed Transaction and its consumation. If you have any questions regarding this matter please feel free to contact Mr. Ashbeck,or Chip Brink or me of this office. Thank you for your cooperation. Very truly yours, G1J`- Todd C. Wylie TCW/sh cc: Charles P. Brink, Esq. Mr. Charles D. Ashbeck Ms. Laurie Brandt CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DAT E: October 28, 1987 for City Council Meeting November 2, 1987 TO: City Manager James G. Willis FROM: Community Development Director Blair Tremere SUBJECT PENDING ENFORCEMENT ACTION ON THE HOUSING OF ADULT DOGS AT 14400 40TH PLACE 86143) SUMMARY: The City Council on June 1, 1987, denied the request of the petitioners to amend the Zoning Ordinance and directed that en- forcement action regarding the number of adult dogs in the premises be pending for six months. The Council direction was that, if there were no complaints, the item should be returned to the Council Agenda as a Consent Item and be continued for six additional months for a total of one year, to allow the petitioners time to completely comply with the Code. There were no complaints about the petitioners or involving this property. The petitioner told me in a telephone conversation that they have sold the Plymouth residence and have moved from the City to a community where they were able to get permission for the number of dogs they wished to have. No action is needed. e**-ti, 1. 1. June 1, 1987 Council Minutes ncyulai %-Vuiiclt mccuiiiy June 1, 1987 Page 144 Manager Willis stated Mr. Gersbach has requested a postponement of his request. Mr. Gersbach wants to take the matter back to the Planning Commission. Director Tremere stated staff will discuss the concerns with Mr. Gersbach before the review process is reinstated. He added that, several years ago when this property was platted, Carlson Companies was required to plat a series of outlots along 6th Ave. to insure a buffer was built into the area. This City discourages additional private curb cuts onto collector streets because of the nature of the traffic. This proposal would use the frontage on 6th Ave. for access and would extend the curb cut for the new lot. Staff was concerned about the cut and also that no improvements should be undertaken which might vio- late the private covenants on the property. The covenant states that no construction requiring building permits,m6uld be allowed; driveways do not require building permits.,..- Attorney Thomson stated the only improvement. -Is the construc- tion of a driveway which doesn't require a."building permit so this would not violate the covenant. MOTION was made by Councilmember Sisk, seconded by Councilmem- ber VasiliOU, to adopt RESOLUT,ON NO. 87-335 APPROVING LOT DIVISION FOR WILLIAM B. HIBBW (86117). Motion carried on a Ro1L-'Call vote, five ayes. LOT DIVISION ROBERT GERSBACH Item 8-D LOT DIVISION WILLIAM HIBBARD 86117) Item 8-E F. RESOLUTION NO. 87-335 LOT DIVISION WILLIAM HIBBARD 86117) Item 8-E MOTION was made 4ouncilmember Sisk, seconded by Councilmem- RESOLUTION NO. 87-336 ber Vasiliou, t dopt RESOLUTION NO. 87-336 SETTING CONDITIONS SETTING CONDITIONS TO BE MET PRMR TO FILING AND REGARDING LOT DIVISION FOR LOT DIVISION WILLIAM B. HIBBARD (86117). WILLIAM HIBBARD 86117) Motion carried on a Roll Call vote, five ayes. Item 8-E Jo MaMa ney, 14400 40th Place, stated they have three show dogs. REQUEST TO AMEND hSapresentedapetitionsignedbyneighborsstatingtheydoZONINGORDINANCE not have any objection to the dogs. She stated she believed DOG KENNELS, BOE the ordinance should be changed, as so many other cities have SPENGLER (86143) done, to differentiate between residential and commercial ken- Item 8-F nels. If the ordinance cannot be changed, she requested one year to move the dogs. Councilmember Sisk stated it was interesting that so many other communities had found ways to deal with the commercial versus residential kennels. Manager Willis stated that, when the ordinance was adopted, it was to cope with the problem of stray dogs. They did not con- template residential or commercial kennels. 1\CyU1a1- I.VUlII.l l ricck'lny June 1, 1987 Page 145 V nr MOT10N was made by Councilmember Sisk, directing staff to study the materials presented, prepare language for the Planning Com- mission for a -public hearing so as to change the ordinance to allow for private kennels in residentially zoned districts in the City. Motion dies for lack of a second. Councilmember Vasiliou stated her concerns are not with these residents, but with those who will not comply. There is a dog problem in Plymouth and she doesn't believe it is appropriate to allow three dogs per residence in residential zones. Councilmember Sisk pointed out that the proposed ordinance change would put limits on the kennel license by requiring a conditional use permit which may not be renewed if it is viola- ted. They would be controled versus those owners who may only own one dog but are irresponsible. Councilmember Vdsiliou stated she doesn't believe the City has the personnel to police these kennels and the process of remov- ing the dogs would be time consuming and expensive. Attorney Thomson, in response to questions from the Council, stated conditions could be built into a license or conditional use permit enforcing the provisions which are imposed. Ms. Magney stated she had been told by others that Plymouth al- lowed three dogs and so didn't check with the City before she purchased the third dog. Denise Gilbertson, animal control supervisor for the City of inneapolis, stated that Coon Rapids officers have the legal authority to remove dogs and bill the resident for the remo- val. She has found that she gets better compliance with the ordinance when conditions are put on the license. Her experi- ence, since August, 1986, is that there have been no problems with those residents who have been licensed. MOTION was made by Councilmember Sisk, seconded by Councilmem- ber Crain, directing staff to study the materials presented, prepare language for the Planning Commission for a public hear- ing so as to change the ordinance to allow for private kennels in residentially zoned districts in the City. Councilmember Crain stated he is concerned with the number of dogs in residential areas, however, he recognizes that there are significant differences in how people take care of their animals. MOTION was made by Councilmember Crain, seconded by Councilmem- ber Sisk, to amend the motion to restrict the kennels to R1 -A, R1 -B, and R-2 areas only. Kegular Council Meeting June 1, 1987 Page 146 Ms. Magney stated she received a citation which should have bee9A rescinded because it was dated wrong. She has been working with the City since October to have the ordinance changed. Motion to amend failed, two ayes. Mayor Schneider, Councilmem- bers Vasiliou and Zitur voted nay. Main motion failed, two ayes. Mayor Schneider, Councilmembers Vasiliou and Zitur voted nay. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, that the enforcement action remain pending for six months and that, if there are no complaints, it be returned to the Council agenda as a consent item and be continued for six addi- tional months for a total of one year to allow the petitioner time to completely comply with the code. Motion carried, four ayes. Councilmember Sisk abstained. Difor Tremere stated the revision would be to the PUD pre- PARKE—R—S—LAYPE limina plat/plan for two areas of the Parkers Lake develop- DEVELOPMENT, L.A. merit. Th irst area is south of proposed 18th Ave. The Plan- LAUKKA (87036) ning Commiss recommends the design with a median divider in Item 8-G the north/south reet and the islands in the cul-de-sacs. The second part of th roposal is attached housing north of 18th Ave. The Planning C ission had no concern with its layout of design and recommendedpproval. The developer has asked whether the emergency vehi access on the south could be el- iminated. The density is within the approved plan. Larry Laukka stated the north side",wv 11 consist of townhomes of 4 to 8 units. The south " Z' and " Zippei" lots are an alterna- tive to conventional attached homes and'Apwnhomes. Councilmember Crain stated this is truly different and inter- esting plan, however, he is concerned with the length of the cul-de-sac and the difficult snow removal situation. Peter Jarvis, representing the developer, stated that,, y because o the boundary of C.R. 6 and Vicksburg Lane and the limits of accessibility onto them, it was determined the proposed divided street was best for the site, with an emergency access to t -,.R. 6. They concluded that one intersection to the north would work even at peak traffic hours. They are trying to design a: neighborhood and a part of that is the landscaping that goes with it. Addressing Planning Commission and staff concerns with the length of the cul-de-sac, he stated that this is com- mon in other parts of the country with similar weather and snow removal problems. To create another street would cause the loss of 20 lots and double the number of lots on two corners. t r CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 28, 1987 for City Council Meeting November 2, 1987 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR CBM INDUSTRIES 86092) SUMMARY: I recommend adoption of the attached Resolution authorizing the release of the Site Performance Guarantee for CBM Industries for the site located at 13220 County Road 6. Planning staff inspected the site and found all site improvements have been cgmpleted. 1. Resolution Recommending Release 2. Site Location Map 3. Resolution No. 86-600 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 CBM INDUSTRIES (86092) WHEREAS, a Site Plan for CBM Industries for a site located at 13220 County Road 6 was approved under City Council Resolution No. 86-600; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $38,760.00; 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, MINNESOTA, that it should and hereby does authorize the release of the Letter of Credit No. SB4782 in the amount of $38,760.00 which was submitted to guarantee site improvements for CBM Industries at 13220 County Road 6. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, voted in favor thereof: the following The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. w PLYMOUTH 40 1615.7]' RES t16) (71 s..r •1 w, v If i -Y. --•-' ---•--.-- mp Hous R I Ad WATERTOWER ,•w'a. •n' c sl CIRCLEPARK „• + s, I A 112) 6) l Is) NI j a 1 11 1 a. K=i—r-Aw .i/Q=wtk i5-- 3m ADDITIN 1P r,9 169..99 14 V. 4 1:) R 615.6.' IIE S. STORM SEWER DISIRICI BOL%DRR) SCHOOL DISTRICT BJIMDAR` CITY CF PLYIID TH Purt,vant to due call and notice thereof, a sial__ meeting of the City Council of the City of Plyeouth, Minnesota, was held on t6i tiF day of 5 temter . 1986. The foll"Ing m ezbers were present: Eayor ScKne3der, cilmewbers CrainI Sisk, VasTliou, and Litur The ToMowing menbers were sent: none Councilmember Zitur introduced the following Resolution and moved its on: RESOLUTION NO. 86-600 APPROVING SITE PLAN AMENLAENT FOR ROBERT WOOD FOR CBM INDUSTRIES (86092) WHEREAS, Robert Wood has requested approval of a Site Plan A!oendmmaent for CBM Industries for a two-story addition to the office/warehouse at 13200 County Road 6; and, WHER:AS, the Plannin3 Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE: 11 HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Robert Wood fcr a Site Plan Amendment for CBM Industries to construct a two-story addition to the office/ warehouse at 13200 County Road 6, subject to the following conditions: 1. Compliance wit -t 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 financiai guarantee and Site Performance Agreen+ent for completion of site improvements. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. Compliance with the Ordinance reyarding the location of fire hydrants and fire lanes, except for approved variance for fire lanes per the August 25, 1986 Fire Chief's Memorandum. 6. All waste and waste containers shall be stored within the structure and no outside storage is permitted. The motion for adoption of the foregoing Resolution was duly seconded by Counciloember Sisk , and upon vote being taken thereon, e o ow ng voted avor trer mayor ;'c neider Councilmembers Crain Sisk Vasiliou and Ziture o ow ng vote —against or a sta n : none --Whereupon the Resolution was declared muly —passed an4 adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Traffic Signal Agreement County Road 9 at I-494 City Project No. 642 4-' (; - I Attached herewith is the proposed traffic signal agreement for the intersection of the East and West ramps of County Road 9 at I-494. This is a three party agreement between the City, County and MnDOT. This is a standard agreement and provides that MnDOT and the County will be responsible for the installation and maintenance of the traffic signals. The City of Plymouth will be responsible for furnishing electricity for the operation of the traffic signals and street lights. The City is also responsible for relamping the street lights and we have this work done under contract by NSP. It is recommended that the City Council adopt the attached resolution authorizing the Mayor and City Manager to execute the agreement. Fred G. Moore, P.E. FGM:kh Attachments: Proposed Agreement Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: _ The following members were absent: X X adoption: XXX meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 87 - TRAFFIC SIGNAL AGREEMENT COUNTY ROAD 9 AND I-494 CITY PROJECT NO. 642 BE IT RESOLVED that the City of Plymouth enter into an agreement with the State of Minnesota, Department of Transportation and the County of Hennepin for the following purposes, to wit: To install new traffic control signals with street lights and signing on Trunk Highway No. 494 East and West Ramps at County State Aid Highway No. 9 in accordance with the terms and conditions set forth and contained in Agreement No. 63994, a copy of which was before the Council. BE IT FURTHER RESOLVED that the Mayor and City Manager be and hereby are authorized to execute such agreement, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following votedinfavorthereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX XXX MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 63994 BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF HENNEPIN AND THE CITY OF PLYMOUTH TO Install new Traffic Control Signals with Street Lights and Signing on Trunk Highway No. 494 East and West Ramps at County State Aid Highway No. 9 in Plymouth, Hennepin County, Minnesota. S.P. 2785-242 F.P. IR 494-4(209) Prepared by Traffic Engineering ESTIMATED AMOUNT RECEIVABLE None AMOUNT ENCUMBERED 7,574.46 Otherwise Covered THIS AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State", and the County of Hennepin, hereinafter referred to as the "County", and the City of Plymouth, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the State has determined that there is justification and it is in the public's best interest to install new traffic control signals with street lights and signing on Trunk Highway No. 494 East and West Ramps at County State Aid Highway No. 9; and WHEREAS, the State has requested and the County has agreed to perform the construction engineering and inspection; and WHEREAS, the County, the City and the State will share in the maintenance and operation of the new traffic control signals with street lights and signing as hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The County has prepared the necessary plan and specifications and shall perform the construction engineering and inspection required to complete the item of work hereinafter set forth. Such work as described immediately above shall constitute Engineering and Inspection" and shall be so referred to hereinafter. 53994 1- 2. The contract cost of the work, except the cost of providing the power supply to the service pads or poles, shall constitute the actual "Construction Cost" and shall be so referred to hereinafter. 3. The State shall cause the installation of the new traffic control signals with street lights and signing on Trunk Highway No. 494 East and west Ramps at County State Aid Highway No. 9 in accordance with the plan and specifications for State Project No. 2785-242 and Federal Project No. IR 494-4(209), all at its own cost and expense. 4. The County agrees to furnish its County Engineer or other registered engineer and assian him to the active supervision and direction of the work to be performed under the contract let for this project. Said engineer so assigned shall act under the supervision and direction of the State, through its Commissioner of Transportation. The County further agrees to furnish such other personnel, services, supplies and equipment as shall be necessary in order to properly supervise and carry on said work. 5. It is hereby understood and agreed that the Engineering and Inspection work and services for the construction work contemplated herein is to be performed by the County and such Engineering and Inspection work and services shall be under 63994 2- the direction and supervision of a registered professional engineer who shall have the responsibility for all supervision, inspection, control of materials, staking and documentation therefor in accordance with said plans, specifications and special provisions and in accordance with the recognized and accepted practices and procedures as those set forth in various State manuals which includes Specifications No. 1601 through and including No. 1609 as set forth in the State's Standard Specifications for Construction, 19£33 Edition as currently amended and modified. 6. When the contractor has completed the work on said project, the County shall inspect same and forthwith upon the completion of said inspection advise the State, through its Commissioner of Transportation whether or not the work performed should be, by the Commissioner of Transportation as its agent, accepted as being performed in a satisfactory manner. In the event the County should, after said inspection, recommend to the Commissioner of Transportation that he should not accept the work, then the County shall at the time such recommendation is made specify in particularity the defects in said work and the reasons why the work should not be accepted. It is agreed that any recommendations made by the County are not binding on the Commissioner of Transportation but that he shall have the right 63994 3- 4 to determine whether or not the work has been acceptably performed and to accept or reject the work performed under said contract. 7. As provided by Minnesota Statute, Section 16B.06, Subd. 4, the books, records and documents of the County relevant to this agreement are subject to examination by the contracting department or agency, and either the legislative auditor or the state auditor as appropriate. 8. Upon completion of the work provided for in Paragraph 3 hereof to the satisfaction of the State's District Engineer at Golden Valley or his authorized representative, the State shall pay to the County six (6) percent of the actual Construction Cost for the cost of Enaineer'ing and Inspection (Bid price is $126,241.00 - Total cost is $7,574.46). 9. The amount to be encumbered for payment to the County from Trunk Highway Funds under this Agreement is 7,574.46. In the event that at any time it appears that such reimbursement will exceed said sum, the County shall promptly notify the State's District Engineer at Golden Valley in writing of the reason for the increase in cost and the amount of additional funds necessary. If approved by the State's District Engineer at Golden Valley, additional funds shall be encumbered by the State and notice by the State's District Engineer at 63994 4- Golden Valley, will be made to the County of that additional encumbrance. 10. The City shall provide an adequate electrical power supply to the service pads or poles and upon completion of said new traffic control signals with street lights installations shall provide necessary electrical power for their operation at the cost and expense of the City. 11. Upon completion of the work contemplated in Paragraph 3 hereof, it shall be the City's responsibility, at its cost and expense, to maintain the luminaires and relamp the street lights. 12. Upon completion of the work contemplated in Paragraph 3, the County agrees to maintain and keep in repair the new traffic control signals, street lights (excluding the street light maintenance performed by the City in Paragraph 8) and signing and operate said signals, including timing, and to defend, indemnify, save and hold harmless the State and all of its agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character arising out of or by reason of the performance or non-performance of the County's obligation to maintain, keep in repair and operate, including timing, the traffic control signals, street lights and signing under this paragraph. 63994 5- 13. Timing of the new traffic control signals provided for herein shall be determined by the County's Traffic Engineer. 14. Upon completion of the work contemplated in Paragraph 3 and the expiration of the traffic signal cabinets and control equipment warranty period, the State shall be billed annually by the County for the actual costs of labor, material, equipment and overhead in maintaining and keeping in repair the traffic control signals and signing, excluding the following: 1) relamping the traffic control signals and cleaning and painting the traffic control signals, cabinets and .luminaire mast arms extensions, assigned to the County by this Agreement, and 2) maintenance of luminaires and relamping the street lights, assigned to the City by this Agreement. 15. Any and all persons engaged in the aforesaid work to be performed by the State shall not be considered employees of the County or City and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any fourth party as a consequence of any act or omission on the part of said employees while so engaged of any of the work contemplated herein shall not be the obligation and responsibility of the County or City. The State shall not be responsible under the Worker's Compensation Act for any employees of the County or City. 63994 6- 16. Any and all persons engaged in the aforesaid work to be performed by the County shall not be considered employees of the State or City and any and all claims that may or might arise under the Worker's Compensation Act of this State on behalf of said employees while so engaged, and any and all claims made by any fourth party as a consequence of any act or omission on the part of said employees while so engaged of any of the work contemplated herein shall not be the obligation and responsibility of the State or City. The County shall not be responsible under the Worker's Compensation Act for any employees of the State or City. 17. Either the County or the State may terminate the terms and conditions covering maintenance and operation contained in Paragraph 9, 10 and 11 upon providing 30 days notice to the other party. The County's termination must be accomplished by a resolution of the County Board. The State's termination must be accomplished by a letter from Mn/DOT's Assistant Commissioner. Upon termination it shall be the County's responsibility, at its cost and expense, to: (1) relamp the traffic control signals; and (2) clean and paint the traffic control signals, cabinets and luminaire mast arms extensions. It shall be the State's responsibility, at its cost and expense, to maintain the signing and to perform all other traffic control signal and street light 63994 7- r, maintenance (excluding the street light maintenance performed by the City in Paragraph 8). In addition, all timing of the new traffic control signals provided for herein shall be determined by the State, through its Commissioner of Transportation, and no changes shall be made therein except with the approval of the State. 63994 8- COUNTY OF HENNEPIN ATTEST: Clerk of the County Board Dated RECOMMENDED FOR APPROVAL: By Director, Department of Transportation Dated Upon proper execution, this agreement will be legally valid and binding. By Assistant County Attorney Dated By Chairman of the County Board Dated By Associate County Administrator and County Engineer Dated County Seal) APPROVED AS TO EXECUTION: By Assistant County Attorney Dated 63994 9- CITY OF PLYMOUTH APPROVED AS TO FORM: By City Attorney Mayor City Seal) By City Manager STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION RECOMMEND FOR APPROVAL: District Engineer Operations Division APPROVED AS TO FORM AND EXECUTION: Special Assistant Attorney General -State of Minnesota 63994 10- DEPARTMNT OF TRANSPORTATION By Assistant Commissioner Dated DEPARTMENT OF ADMINISTRATION By Dated CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Traffic Signal Agreement County Road 10 and Sycamore Lane City Project No. 763 Attached herewith is a proposed Traffic Signal Agreement between the County and the City for the installation of a temporary traffic signal on County 10 at Sycamore Lane. This street intersection is opposite the entrance to the Prudential North Central Office Facility. Earlier this year the County conducted a traffic study on County Road 10 at this location. The results of the traffic study indicated that a signal was warranted at Sycamore Lane. Over the past several years Prudential has been paying the Police Department to direct traffic at this intersection. Prudential has agreed to pay the cost to construct the temporary traffic signal. The City would be responsible for reimbursement to the County for the engineering cost of the signal. This agreement is the same as other agreements which the City has entered into for other temporary traffic signals. The City will receive credit for the cost of construction of the temporary signal when a permanent signal is installed with the upgrading of County Road 10. Attached is a letter from Prudential agreeing to pay the $16,000 construction cost. It is recommended that the City Council adopt the attached resolution authorizing the Mayor and City Manager to execute the agreement on behalf of the City. Fred G. Moore, P.E. FGM:kh Attachments: Resolution Traffic Signal Agreement Letter CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: adoption: XXX meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 87 - TRAFFIC SIGNAL AGREEMENT COUNTY ROAD 10 AND SYCAMORE LANE CITY PROJECT NO. 763 WHEREAS, agreement for participation in the construction and operation of traffic control signal system on County State Aid Highway No. 10 at Sycamore Lane, Hennepin County Project No. 8748, Agreement No. PW 69-17-87 has been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said Agreement be in all things approved. BE IT FURTHER RESOLVED, that the Mayor and Manager are authorized to sign Agreement No. 69-17-87, Hennepin County Project No. 8748. FURTHER, that partial funding for the project in the amount of $2,240 be provided from the City M.S.A. Fund. 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. C ACX .XXX The Prudential f July 17, 1987 Mr. Fred Moore, P.E. Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Traffic Light at Prudential Building on Bass Lake Road (Co. Rd. 10) Dear Mir. i,ioore: This is to request officially that a temporary traffic light be installed at the west (main) entrance to the Prudential property at 13001 Bass Lake Road as soon as possible. Prudential is willing to pay for the cost of this installation not to exceed $16,000. As you will remember, you discussed this question with Mr. Robert E. Lee, Prudential Building Manager, within the last week or so. Based on this conversation, it is our understanding that: 1. The cost of installing a temporary traffic light will not exceed 16,000, as mentioned above. 2. Such a traffic light would be what I call in layman's terms a smart" light, i'.e., the necessary detection wiring will be imbedded in the roadway in all four directions so that the lights can sense oncoming traffic and change signals as programmed. 3. Such a temporary light will eventually be replaced by a permanent installation, when and if County Road 10 is widened and improved, at no additional cost to Prudential. It is our understanding that this widening of County Road 10 is not currently firmly scheduled and is not likely to occur until 1990 or beyond. 4. The actual installation of the temporary light would be the respon- sibility of Hennepin County. As you know from your conversations with Bob Lee, we would like very much to have this light installed before the winter season of 1987-88. If you can give us the name of an appropriate person to contact at Hennepin County, we will be glad to see if we can help to get the installation expedited. Thank you very much for your help. Sincerely, Claude P. Grelling General Manager, Administrative Services CPG:gb cc: John Hay Dave Barker Bob Lee DEPARTMENT OF TRAt` ISPORTATION 320 Washington Av, South HENNEPIN Hopkins, Minnesota 55343-8468 LFU 935-3381 October 22, 1987 Mr. Fred Moore, P.E. City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota, 55447 AGREEMENT NO. PW 69-17-87 TEMPORARY TRAFFIC CONTROL SIGNAL SYSTEM CSAH 10 AT SYCAMORE LANE COUNTY PROJECT 8748 Dear Mr. Moore: Submitted herewith for City approval are two copies of the Agreement for participation in the construction and operation of traffic control signal system and a sample copy of a Resolution and a signal layout plan sheet for the above referenced project. If the Agreement is satisfactory, please present it to the City Council for approval. Upon approval, please have both copies signed by the appropriate City officials and return these copies to Hennepin County. In addition, please return two certified copies of the Resolution authorizing the mayor and manger to sign the Agreement. If you have any questions concerning this Agreement, please call Dharam Bobra at 935-3381. Sincerely, eodore J,'/ ffman, P. E. Chief Design Engineer DCB: mak Enclosure HENNEPIN COUNTY an equal opportunity employer Agreement No. PW 69-17-87 County Project No. 8748 Intersection of Sycamore Lane at CSAH 10 City of Plymouth County of Hennepin AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL AGREEMENT, Made and entered into this day of 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Plymouth, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a temporary traffic actuated traffic control signal at the intersection of Sycamore Lane and County State Aid Highway No. 10 within the City limit; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal, and WHEREAS, Said work shall be carried out by the parties hereto under the provisions of M.S. SEC. 162.17. NOW THEREFORE, IT IS HEREBY AGREED: I The County shall install the temporary traffic actuated traffic control signal system at the intersection of Sycamore Lane and County State Aid Highway No. 10. Such installation shall be identified and accomplished under Hennepin County Project 1- Agreement No. PW 69-17-87 No. 8748, hereinafter referred to as the "project" II The City agrees that any City license required to perform electrical work within the City shall be issued to the County at no cost to the County. Electrical inspection fees shall not be more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. III The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connections to the controller cabinets of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal to be installed under this project, all at the sole cost and expense of the City. IV The construction cost of the projects shall be the cost of all labor, materials, and equipment rental required to complete the project. The estimated construction cost of this project is $16,000.00. It is understood that this estimate is for information purposes only. The City shall reimburse the County for 100 percent of the construction cost of said project. V In addition to payment of the City's share of the construction cost, the City 2- 1 y na Agreement No. PW 69-17-87 also agrees to pay to the County a sum equal to fourteen percent (14%) of the City's share for the traffic signal construction, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the work performed under this contract. VI The County will invoice the City after completion of the construction. Within thirty (30) days after submittal by the County to the City of an invoice for the construction and engineering cost, the City shall reimburse the Hennepin County Treasurer for this cost of the project. VII It is further agreed that 100 percent of the construction cost expended by the City for this temporary signal is directly applicable as credit toward the City's share in a permanent signal when such a device is installed at this intersection. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal may be directly involved in an emergency. Agreement No. PW 69-17-87 IX Upon completion of the work, the County shall maintain and repair said traffic control signal at the sole cost and expense of the County. X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. XI It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided for herein; and the party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the N Agreement No. PW 69-17-87 County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIII The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. 5- Agreement No. PW 69-17-87 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. Seal) CITY OF PLYMOUTH By Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By: Clerk of the County Board Chairman of its County Board Date: Date: And Upon proper execution, this agreement Associate County Administrator will be legally valid and binding. and County Engineer By:Date: Assistant County At orfey Date: Approved as to execution By: Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By Director, Department of Transportation Date: CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 October 28, 1987 for City Council Me DATE: eting November 2, 1987 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR JOHN DUFFY 86045) SUMMARY: I recommend adoption of the attached Resolution authorizing the reduction of the Site Performance Guarantee for Sohn Duffy for a site located at 10850 Old County Road 15. Planning staff inspected the site and the following deficiencies and requirements remain: 1. Winter Survivability of plantings. 2. "As -built" utility plan. 1. Resolution Recommending Reduction 2. Site Location Map 3. Resolution No. 86-378 I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR JOHN DUFFY (86045) WHEREAS, a Site Plan for Sohn Duffy for a site located at 10850 Old County Road 15 was approved under City Council Resolution No. 86-378; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $20,000.00; 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, MINNESOTA, that it should and hereby does authorize the reduction of the Letter of Credit No. 86-116 in the amount of $20,000.00 which was submitted to guarantee site improvements for Sohn Duffy at 10850 Old County Road 15, to $3,000.00. 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 0..d notice thereof, a special eting of the City Council of the City of Plymouth, Minnesota, was held on the 23rd day of June 1986. The followingmembers were resent. P Mayor Schneider. Councilmemb r Crain. Sisk _ Vasilion- and 7itnr The following members were absent: none Councilmember Zitur introduced the following Resolution and moved its adoption: RESOLUTION NO. 86- 378 APPROVING SITE PLAN FOR JOHN DUFFY (86045) WHEREAS, John Duffy has requested approval of a Site Plan to construct an approximate 8,000 sq. ft. office building south of Highway 55 and northeast of County Road 15; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request by John Duffy for a Site Plan to construct an approximate 8,000 sq. ft. office building south of Highway 55 and northeast of County Road 15, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. Variance from the Ordinance regarding the location of fire lanes per April 21, 1986 Fire Chief memorandum. 7. All waste and waste containers shall, be stored within the enclosure, and no out- side storage is permitted. The enclosure shall meet minimum Ordinance standards 8. Approved Variances include: building setback of 6 ft. vs. 50 ft.; parking setback of 8 ft. vs. 20 ft.; drive aisle setback of 3 ft. and 8 ft. vs. 10 ft. 9. The retaining wall and drive for the adjoining property to the east shall be removed as part of this development. The motion for adoption of the foregoing Resolution was duly seconded by _ Councilmember Sisk , and upon vote being taken thereon, the following voted in ,favor thereof: _Mayor Schneider, Councilmembers Crain, Sisk, Vasiliou, and Zi tur The voted against or a stained: none hereuponwthe Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 October 28, 1987 for y Council NTeDATE: eting November 2, 1987 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR HCE PROPERTIES (85135) SUMMARY: I recommend adoption of the attached Resolution authorizing the reduction of the Site Performance Guarantee for HCE Properties for the site located at 12795 16th Avenue North. Planning staff inspected the site and the following deficiencies and requirements remain: 1. Winter Survivability of plantings. 2. "As -built" utility plan. Attachments 1. Resolution Recommending Reduction 2. Site Location Map 3. Resolution No. 86-184 I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR HCE PROPERTIES (85135) WHEREAS, a Site Plan for HCE Properties for a site located at 12795 16th Avenue North was approved under City Council Resolution No. 86-184; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $135,992.00; and, WHEREAS, the City Council under Resolution No. 86-702 reduced the Letter of Credit to 90,992.00; 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, MINNESOTA, that it should and hereby does authorize the reduction of the Letter of Credit No. 1484 in the amount of $90,992.00 which was submitted to guarantee site improvements for HCE Properties at 12795 16th Avenue North, to $6,000.00. 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. ice,. 4 d 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 19. The following members were present: Mayor Schnpider. CntlncJ1mPmhPrt Crain, Sisk Vasiliou and 7itur The following members were absent: none Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 86- 184 APPROVING SITE PLAN AND VARIANCES FOR HANCE DISTRIBUTING COMPANY, INC. (85135) WHEREAS, Hance Distributing Company, Inc. has requested approval of a Site Plan, and Variances for the construction of an approximate 40,600 sq. ft. office/warehouse facility south of 16th Avenue North and west of Highway 55; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Hance Distributing Com- pany, Inc. for Site Plan and Variances to construct an approximate 40,600 sq. ft. office/warehouse facility south of 16th Avenue North and west of Highway 55, 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. 3. Submission of required financial guarantee and Site Performance Agreement for com- pletion of site improvements. 4. Signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 6. All waste and waste containers shall be stored within the enclosure and no outside storage is permitted (including vehicles). 7. Approved Variances include a setback to the drive aisle in the northeast corner of the site to the property line of 15 ft. versus the Ordinance required 25 ft.;.set- back of the parking spaces in the northeast corner of the site to the property line of 40 ft. versus the Ordinance required 50 ft.; and, three atrium entrances located 5 ft. from the adjoining parking lot, rather than the 10 ft. Ordinance standard, based on the findings that the lot shape is unique due to the right-of- way of the cul-de-sac. The motion for adoption of the foregoing Resolution was duly seconded by _ Councilmember Vasiliou , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Crain. Sisk. Vasiliou and Zitur 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: October 29, 1987 For Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM. Fred G. Moore, Director of Public Works SUBJECT: Reduction of Special Assessment PIN 10-118-22-41-0007 City Project No. 609 47th Avenue West of Tammie Middlemist Addition Attached is a letter from the City Attorney's office on an agreement with regard to a special assessment appeal on 47th Avenue, West of Tammie Middlemist Addition. It is the recommendation of the City Attorney's office that the assessment be reduced to $10,750. The original special assessment was in the total amount of $16,577.31. This was placed against the property under two levies, one for street, sewer and water and the other for sewer and water area. The negotiated settlement is on the total amount for both assessments. Attached is a resolution for City Council adoption which would implement the recommendation of the City Attorney's office. All of the special assessment reduction is applied to only one of the assessments against the property. The revised assessment amount, along with the other assessment which is not revised, would total $10,750. Fred G. Moore, P.E. FGM:kh Attachments: Resolution Letter CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: _ The following members were absent: XXX adoption: LXX meeting of the City Council of day of I XXiC introduced the following Resolution and moved its RESOLUTION NO. 87 - REDUCTION OF SPECIAL ASSESSMENTS LEVY NO. 10189 WHEREAS, pursuant to adoption of Resolution No. 86-277 special assessments were levied by the City Council for Project No. 609, 47th Avenue West of Tammie Middlemist Addition Street and Utility Improvements; and WHEREAS, pursuant to a District Court Conference between the City Attorney and the property owners on an appeal of the special assessment, an agreement has been reached for the following parcel; and WHEREAS, the City of Plymouth has agreed to modify the assessment roll and the property owners are withdrawing their special assessment appeal; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. That the assessments be reduced in the following amount as they apply to each parcel here listed: Original Revised Sec. Jwp. R". 0 Suffix Amount Reduction Assessment 10 118 22 41 0007 $15,572.31 $5,827.31 $9,745.00 2. That the revised assessments shall be spread over the remainder of years and at the interest rate applicable to Levy No. 10189 with the first installment payable on or before the first Monday in January 1987. 3. That the City is to reimburse to the affected property owner the difference between the new and old amount of assessment paid for the 1986 installments plus interest on the overpayment. 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. Thank you. Very truly yours, Jo F. Drawz cc:v Jim Thomson, Esq. Thomas Olive, Esq. LcFI'\ erc Lefler -- kcnne(k I)ra cr a Professional Association October 15, 1987 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Mr. Fred G. Moore, P.E. Clayton L. LeFevere Director of Public Works Herbert P. Lefler City of PlymouthJ. Dennis O'Brien John E. Drawz 3400 Plymouth Boulevard David J. Kennedy Plymouth, MN 55447 Joseph E. Hamilton John B. Dean Glenn E. Purdue Re: Stroman v. Plymouth Richard J. Schieffer Charles L. LeFevere Dear Fred Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt A pre-trial conference of the above -referenced lawsuit Dayle Nolan was held on September 28, 1987, before Judge Beryl Nord. Brian F. Rice John G. Kressel After considerable discussion, both with the Court and James M. Strommen the Stroman' s attorney, a tentative settlement of $10,750 Ronald H. Batty was reached. It is my understanding that Jim Thomson hasWilliamP. Jordan Kurt J. Erickson discussed the settlement with Jim Willis and the Council. William R. Skallerud Rodney D. Anderson What is now required is for the subject assessment to beCorrineA. Heine David D. Beaudoin recalculated and re -certified to the County. A refund of Paul E. Rasmussen any overpayments should be made directly to Mr. and Steven M. Tallen Mrs. Stroman. The Council should adopt a resolution Mary F. Skala Christopher J.Harristhal adopting the recalculated assessment. Once that has been Timothy J.Pawlenty done, I would appreciate it if you would send me a copy Rolf A. Sponheim of the resolution. I will then proceed to draft the settlement documents. Thank you. Very truly yours, Jo F. Drawz cc:v Jim Thomson, Esq. Thomas Olive, Esq. i, kjo kj, kj, kj, V *J 4-) k 43 Ik I" I" k) tj. I lid 2 t 0- 5URVE, Div:sioh 4WP!N SIORU SEVER DISIRici oouP+C,R, Sc>.00L DIS7RIC, BOLP-00, WEP-IIIED DISTRIC! BOL"() -R' 1 NCREWNI &%PCARI 2 t 0- 5URVE, Div:sioh 4WP!N CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For City Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Revisions to Engineering Guidelines Street Standards Attached herewith is a resolution which would incorporate the proposed revisions for Street Standards into the Engineering Guidelines. These revisions are the same as those presented to the City Council on October 26, 1987, with the exception of deleting one item. The Development Council reviewed these proposed changes at their meeting on October 28, 1987. Attached is a copy of the minutes from that meeting. Because of the developer's concern for additional costs which may be incurred, they adopted a motion recommending that any action on adopting these changes be deferred. The purpose of the deferral is so that the Development Council can review the report and present a formal response at a later date. One of the recommended changes was as follows: In areas where draintile is installed, draintile stubs are required to be made available for extension to building footing drains." As indicated in the minutes, developers expressed concern with regard to this item because of liability which the City could incur if there was an overloading of the storm sewer system. Also, that there may be long term maintenance problems, especially with the tie-in to the drainage system from the home. Further, that there could be a problem with rodents who nest in the storm drainage system. This revision to the standards was only included for the convenience of property owners and builders. Since the draintile system along the streets will intercept any groundwater, the stub to a building is not necessary. For this reason, and because of the concerns of the developers, I am recommending that this item be deleted from the proposed revisions. The Pavement Management Study indicated that in areas of very wet soils and soils which are subject to frost heaving, we are having premature deterioration of the street. The proposed revisions to the standards require that the engineer on the project analyze the soil conditions and design the street for the specific soil conditions on the project. These changes are necessary if we are to have better assurance that our streets will have a 20 year life as projected. Memo: James G. Willis, City Manager October 29, 1987 Page Two The proposed revisions would be effective on all plans and specifications submitted after January 1, 1988. Although the Development Council is requesting that action on these revisions be deferred, I am recommending that the attached resolution be adopted. I believe that there will be ample time for the Development Council to study the matter and submit their report to the City Council before January 1, 1988. The City Council can modify the revisions or make additional changes before they become effective. Fred G. Moore, P.E. FGM:kh Attachments: Resolution Minutes 01 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: _ The following members were absent: adoption: X X X meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 87 - REVISING ENGINEERING GUIDELINES WHEREAS, in accordance with Resolution No. 72-261 adopted July 17, 1972, the City Engineer is required to prepare guidelines for the construction of public improvements within the City; and WHEREAS, in accordance with a Pavement Management Study prepared for the City of Plymouth recommendations were made with regard to City Street Standards for new construction to ensure that streets will perform for a 20 year period; and WHEREAS, the City Council directed the City Engineer to prepare revisions to the Engineering Guidelines to incorporate these recommendations; and WHEREAS, the City Engineer presented the recommendations to the City Council on October 26, 1987. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the revisions as proposed by the City Engineer dated October 29, 1987, are incorporated into the Engineering Guidelines. FURTHER, that the these changes will be effective for all plans and specifications submitted after January 1, 1988. 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. X)C )C 10-29-87 RECOMMENDED CHANGES TO PRESENT CITY ENGINEERING GUIDELINES V. Testing Requirements (continued) 4. Streets a Soil tests indicated ansaitable b0iln. WfLiLfl shall be excavated cul Soil testing_ is required to provide for proper pavement design based on the existing subgrade soils laboratory determined R -Values. Where soil tests indicate unsuitable soils or presence of ground moisture a recommendation for corrective work along with a recommendation for the possible need for an under drain system is required. VI. Construction Requirements (continued) 4. Streets In areas where the subgrade soils are not subiect to frost heaving but have become unstable during construction (silty sands) the City Engineer may require that geotextile fabrics be used. In areas where the subgrade soils are subject to frost heaving (silts and clays) the City Engineer may require that the subgrade be replaced with three feet of granular fill and drain tile. VI. Construction Requirements 3. Storm Sewer Where catch basin leads or storm sewer is less than six feet deep granular pipe bedding to a depth of six feet is required to eliminate frost heaving. All curb box bolts on catch basins shall be removed to allow vertical movement of the curb box corresponding to curb movement due to frost. PLYMOUTH DEVELOPMENT COUNCIL October 28, 1987 Page two He ex's ,fined that the new field inspector had reduced the response time substantially since now there are two field inspectors whose primary respon- sibility is residential inspection, while another is primarily responsiblefornon-residential work. Coverage of the city is much improved. Fred Haas stated that there were some instances with their firm, where theyhadtowaitforfootinginspectionssometimesuptotwodays. Scott McLellan stated that Fred should let him or doe Ryan know when that occurs since the response time generally has been much shorter. Blair Tremere advised that the builders can help at that stage by calling the city beforetheconcretefoT--the footings is scheduled. The city standard has been and now is, a testy -four hour response time for virtually all inspections. IV. PROPOSED CHANGES TO ENGINEERING GUIDELINES FOR STREET CONSTRUCTION REC)UIREME -- Bob Burgerreferred to the materia s attached to the agenda, namely the October 12, 1987 memorandum from Public Works Director FredMoore. The sheet, "Recommended changes to present City Engineering Guide- lines" dated October 9, 1987 was reviewed in detail. Sohn Sweeney explained that the City had hired a consultant who had recently completed a pavement management study relative to the City streets. He reviewed the findings of the study which served as a basis for the recommendations for changing the engineering guidelines. Extensive discussion ensued. Bob Burger expressed concern that the chanqes would result in additional expenses. Sherm Goldberg stated that the first recommendation regarding tests should not be a problem since that normallyisdonenowanddoesnotrepresentamajoradditionalexpense. Greg Frank stated, however, that his concern is with the proposal for addi- tional three feet granular material and the requirement that provisions be made so that house drainage systems tie into the street drainage system. He said that that would be very expensive and could be problematical later on. Sherm Goldberg said that he considered the granular fill requirement to exceed normal requirements including those of MnDOT. Further discussion ensued, particularly regarding the recommendations on storm drainage. Fran Hagen expressed concern with long term and indiscriminate use of the policy particularly as to requirements for granular materials. Sohn Sweeney clarified the difference between the findings of the consultant's report and the engineer's recommendations. Greg Frank reiterated his concerns about the three foot granular material standard. Peter Pflaum said that more time was needed for the Development Council to review this and that the City Council should be asked to table the item. PLYMOUTH DEVELOPMENT COUNCIL October 28, 1987 Page three Bob Burger stated that someone should represent the Development Council at the City Council meeting on Monday, November 2. Peter Pflaum said that there are some evidence of substantial cost impacts with this policy and that the city should also be concerned about possible liability problem with houses tied into the system and there are back ups in the storm sewer system. Fran Hagen inquired whether the City realizes the potential costs which might be involved with city projects. Bob Burger commented that there might be long term maintenance problems, especially with the drainage system and tie-in's to homes. Fran Hagen agreed and said that there might even be long term concerns about rodents who could nest in a storm drainage system. Marlin Grant asked whether this policy format had been adopted in other communities; Sherm Goldberg stated that most cities have a policy with such standards that can be implemented where they are necessary, i.e., the standards are not adopted across the board. Greg Frank inquired whether the study included age of street, and Sohn Sweeney acknowledged that it did. Greg Frank stated that it is important to account for the expected life of street. Sherm Goldberg explained the back- ground which lead to the report. Bob Burger concluded that while the recommendation regarding testing is not a major concern, there are concerns with the other three items. MOTION by Bob Burger, seconded by Marlin Grant, to recommend to the City Council that action on the recommended changes to the Engineering Guidelinesbedeferred, because of the broad implications of the policy and the potential economic affect; the purpose of the deferral is so that the Development Council can review the report and present a formal response at a later date. The Development Council concludes that full analysis of the proposed changes is extremely important to the orderly development of the city. The motion passed unanimously. Bob Burger appointed a subcommittee consisting of Fran Hagen, Greg Frank, Sherm Goldberg, and himself, to coordinate the review of the recommended changes. He said the purpose of the review is to determine where the problem really is and how it can be effectively solved. V. OTHER.. SINESS 1 Bob Burger stated that he continues to have concerns with the city lot coverage requirement of 20% maximum for all structures including decks. Marlin Grant commented that 20% seems too little. Bob Burger agreed, but stated the City had thoroughly reviewed this on several occasions and had CITY OF PLYMOUTH K v 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 27, 1987 for Council Meeting of November 2, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: Bond Reductions We have received a request from the developers for a bond reduction to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. Jamestown Addition 84024) 2. Heritage West 2nd Addition 86048) 3. Coachman Trails Addition 85022) 4. Amhurst 9th Addition 79046) 5. Parkside at Medicine Lake Addition A-338) 6. Pheasant Trails Addition 85103) 7. Parkers Lake North 2nd Addition 87006) 8. Parkers Lake North 3rd Addition 87036) 9. Parkers Lake North 4th Addition 87084) Jo -R. Sweeney JRS:kh Attachments: Resolut 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 1986. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND JAMESTOWN ADDITION (84024) WHEREAS, in accordance with the development contract dated July 18, 1984, Centex Homes Corporation, developer of Jamestown Addition (84024), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH that the bonding requirements are reduced as follows: Item Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard & Drainage Swale Sod Pond or Ditch Construction Street Signs St. Swpng. & St. Sewer Cing Park and Trail Improvements Site Grdng & Drainage Imp. Maint. of Erosion & Sediment Control Plan Design, Administration, Inspection, As-Builts ORIGINAL TOTAL ORIGINAL AMOUNT Public Public Project Original Phase I Phase II Private 412 Total 46,136 51,864 0- 26,553 124,553 35,280 62,720 0- 18,272 116,272 58,080 62,920 0- 14,313 135,313 16,500 33,500 0- 10,475 60,475 0- 0- 20,000 0- 20,000 0- 0- 0- 0- 0- 225 225 0- 0- 450 1,000 1,000 0- 0- 2,000 0- 3,600 4,400 0- 8,000 0- 0- 143,000 0- 143,000 0- 0- 2,000 0- 2,000 18,867 25,899 20,328 0- 65,094 176,088 241,728 189,728 69,613 677,157 RESOLUTION NO. 87 - Page Two That the letter of credit required be reduced from $5,824 to $-0- (zero) to reflect the completed work. Safeco Insurance Company of America's bond No. 4792258 is hereby released. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. NEW AMOUNT Public Public Project New Phase I Phase II Private 412 Total Street Construction 0- 0- 0- 0- 0- Sanitary Sewer 0- 0- 0- 0- 0- Watermain 0- 0- 0- 0- 0- Storm Sewer 0- 0- 0- 0- 0- Blvd. & Drainage Swale Sod 0- 0- 0- 0- 0- Pond or Ditch Const. 0- 0- 0- 0- 0- Street Signs 0- 0- 0- 0- 0- St. Swpng. & St. Sewer Cing. 0- 0- 0- 0- 0- Park & Trail Improvements 0- 0- 0- 0- 0- Site Grdng. & Drainage Imp. 0- 0- 0- 0- 0- Maint. of Erosion & Sediment Control Plan 0- 0- 0- 0- 0- Design, Adm., Insp. As-Builts 0- 0- 0- 0- 0- REVISED TOTAL 0- 0- 0- 0- 0- That the letter of credit required be reduced from $5,824 to $-0- (zero) to reflect the completed work. Safeco Insurance Company of America's bond No. 4792258 is hereby released. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND HERITAGE WEST 2ND ADDITION (86048) WHEREAS, in accordance with the development contract dated April 6, 1987, Heritage West, Inc., Builders Finance, Inc., developer of Heritage West 2nd Addition (86048), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction $ 54,000 $ 10,800 Sanitary Sewer 43,000 4,300 Watermain 39,000 3,900 Storm Sewer 41,000 4,100 Boulevard and Drainage Swale Sod 4,000 2,000 Pond or Ditch Construction -0- -0- Street Signs 300 300 Site Grading and Drainage Improvements 10,000 -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 22,956 3,048 TOTAL 214,256 $ 28,448 That the letter of credit required for the above items be reduced as detailed above from $45,584 to $28,448 to reflect the completed work. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. iC7 C C 7RC X 7AC I XXX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: _ The following members were absent: XXX adoption: X X meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND COACHMAN TRAILS ADDITION (85022) WHEREAS, in accordance with the development contract dated July 6, 1987, Oakwood Investments, developer of Coachman Trails (85022), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: 01z:Vr*SVS Street Construction $ -0- $ -0- Sanitary Sewer 23,250 2,325 Watermain 29,373 2,937 Storm Sewer -0- -0- Boulevard and Drainage Swale Sod -0- -0- Pond or Ditch Construction -0- -0- Street Signs -0- -0- Site Grading and Drainage Improvements -0- -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 6,315 632 TOTAL 58,938 $ 5,894 That the letter of credit required for the above items be reduced as detailed above from $58,938 to $5,894 to reflect the completed work. Resolution No. 87 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning - See Grading Permit No. 11561. * Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 0- $ -0- 0- $ -0- The required Letter of Credit for grading and erosion control is hereby reduced from $23,520 to $18,520. 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. 7AC!'Ci( f*X CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND AMHURST NINTH ADDITION (79046) WHEREAS, in accordance with the development contract dated August 2, 1984, Hans Hagen Homes, Inc., developer of Amhurst Ninth Addition (79046), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street and utility improvements; and WHEREAS, in accordance with City ordinances the developer provided Letter of Credit No. SB 3425 to guarantee the payment of the first two years of special assessments; and WHEREAS, the developer has paid the first two years of special assessments; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed payments; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the bonding requirements are reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Two year payment guarantee for special assessments $73,362.00 None That Letter of Credit No. SB 3425 is hereby released. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 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: xxx introduced the following Resolution and moved RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND PARKSIDE AT MEDICINE LAKE (A-338) WHEREAS, in accordance with the development contract dated August 21, 1985, Parkside at Medicine Lake Partnership, developer of Parkside at Medicine Lake A-338), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH that the bonding requirements are reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Street Construction $ 10,000 $ 1,000 Sanitary Sewer -0- -0- Watermain 5,000 500 Storm Sewer 6,000 600 Boulevard and Drainage Swale Sod 2,880 880 Pond or Ditch Construction -0- -0- Street Signs 150 150 Site Grading and Drainage Improvements 11,000 2,200 Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 4,204 640 TOTAL 39,234 $ 5,970 That the letter of credit required be reduced from $19,522 to $5,970 to reflect the completed work. Resolution No. 87 - Page Two FIURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT 1,000 2,000 NEW AMOUNT 1,000 2,000 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 the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: C CX adoption: kxx meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND PHEASANT TRAILS ADDITION (85103) WHEREAS, in accordance with the development contract dated May 26, 1987, Pheasant Trails Investors, developer of Pheasant Trails Addition (85103), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: ITEM ORIGINAL AMOUNT NEW'AMOUNT Street Construction $ 18,248 $ 18,248 Sanitary Sewer 31,498 3,150 Watermain 29,913 2,991 Storm Sewer 16,216 1,622 Boulevard and Drainage Swale Sod 5,000 5,000 Pond or Ditch Construction -0- -0- Street Signs -0- -0- Site Grading and Drainage Improvements 41,307 2,892 Park and Trail Improvements (Sidewalk) 4,480 4,480 Design, Administration, Inspection, As-Builts 17.600 4.606 TOTAL 164,262 $ 42,989 That the letter of credit required for the above items be reduced as detailed above from $121,237 to $42,989 to reflect the completed work. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: 7GC C* adoption: TCXX meeting of the City Council of day of , 7Y7YX introduced the following Resolution and moved its RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND PARKERS LAKE NORTH 2ND ADDITION (87006) WHEREAS, in accordance with the development contract dated July 29, 1987, Northland Land Company, developer of Parkers Lake North 2nd Addition (87006), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Light Standards Street Signs Site Grading and Drainage Improvements Landscape and Sidewalk Design, Administration, Inspection, As-Builts TOTAL 254,340 191,100 116,182 174,882 15,400 37,500 450 381,055 30,000 144,109 234,467 76,853 80,678 160,741 15,400 37,500 450 179,614 30,000 97-884 1,345,018 $ 913,587 That the letter of credit required for the above items be reduced as detailed above from $1,345,018 to $913,587 to reflect the completed work. Resolution No. 87 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $ 1,000 163,860 $ 163,860 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 .XXX X7C ): r CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of , 1987. The following members were present: The following members were absent: CXiC iCXX iCT introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND PARKERS LAKE NORTH 3RD ADDITION (87036) WHEREAS, in accordance with the development contract dated October 5, 1987, Laukka-Williams Parkers Lake, A Minnesota General Partnership, developer of Parkers Lake North 3rd Addition (87036), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH that the bonding requirements are reduced as follows: ITEM Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL ORIGINAL AMOUNT NEW AMOUNT 148,867 83,900 118,274 41,337 106,377 37,628 45,931 3,815 20,600 20,600 0- 0- 1,050 1,050 0- 0- 0- 0- 52,932 22,600 494,031 $ 210,930 That the letter of credit required be reduced from $494,031 to $210,930 to reflect the completed work. i Resolution No. 87 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning * Cash: $ -0- $ -0- Letter of Credit: -0- -0- See Parkers Lake North 2nd Addition for financial guarantee for this item. 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: Clt?C adoption: CXX XXX introduced the following Resolution and moved its RESOLUTION NO. 87 - REDUCING DEVELOPMENT BOND PARKERS LAKE NORTH 4TH ADDITION (87084) WHEREAS, in accordance with the development contract dated October 5, 1987, Laukka- Williams Parkers Lake, A Minnesota General Partnership, developer of Parkers Lake North 4th Addition (87084), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod (Covered under Site Plan) Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 16,075 16,075 19,282 1,928 7,293 729 7,418 742 0- 0- 0- 0- 150 150 0- 0- 0- 6,026 0- 2,355 56,244 $ 21,979 That the letter of credit required for the above items be reduced as detailed above from $56,244 to $21,979 to reflect the completed work. Resolution No. 87 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning (See Parkers Lake North 2nd Addition for Financial Guarantee for this item) Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 0- $ -0- 0- $---7-0-- 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. I XXX CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE October 28, 1987 For City Council Meeting of November 2, 1987 1 TO: James G. Willis, City Manager thru Fred G. Moore Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: Petition for Street Lighting Tyrell Sixth Addition (87105) Parkers Lake North 3rd Addition (87036) Parkers Lake North 4th Addition (87084) A,-L 1-3 We have received petitions from the Developer for street lighting within the following subdivisions: Tyrell Sixth Addition Parkers Lake North 3rd Addition Parkers Lake North 4th Addition I recommend that the City Council adopt the attached resolutions accepting the petitions and ordering Preliminary Engineering Reports for the street lighting improvements. Jo R. Sweeney, Assist t En sneer JRS:sm Attachment: Resolution Petitions CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Council of the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: moved its adoption: meeting of the City day of _, introduced the following Resolution and RESOLUTION NO. 87 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING TYRELL SIXTH ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Tyrell Sixth Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: I. A certain petition requesting the improvement of Tyrell Sixth Addition by the installation of residential ornamental street lighting, filed with the City Council on November 2, 1987, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote beine taken thereon. the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I XX CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Council of the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: gar ix moved its adoption: meeting of the City day of _ , introduced the following Resolution and RESOLUTION NO. 87 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING PARKERS LAKE NORTH 3RD ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Parkers Lake North 3rd Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Parkers Lake North 3rd Addition by the installation of residential ornamental street lighting, filed with the City Council on November 2, 1987, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon. the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Council of the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: moved its adoption: meeting of the City day of _ , I introduced the following Resolution and RESOLUTION NO. 87 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING PARKERS LAKE NORTH 4TH ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Parkers Lake North 4th Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: I. A certain petition requesting the improvement of Parkers Lake North 4th Addition by the installation of residential ornamental street lighting, filed with the City Council on November 2, 1987, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 0 XXX 0 CITY OF PLYMOUTii PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council - for the installation of street lights in the following area: Addition We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME ADDRESS JJJ 4 I J 2! PP 0- v' i i9.tr o cr o ,) 7 8 i q 0 /49.63 l_ Zo 1 10 Omq69) 8 0o Y v 9 o TYR L oo 10 T-- — a o6 r Jf 16 17 18 0 / 1 1 I n 1 16 / /° c . so /4. .cs .15. s m o c ; Is sb9"',f TY 14 SS -- a u, ` I I ° //11O /eo iv ti J•' -- -_ T )S ll1 5(loi`.': LLJ I r3) a bi ( 7 s? m 5 J B g u 7 14 13 T II v1 t 5 ut_l J 1 - w a 12 n. res _ x 8 2 ^ i°'oo 2 t 10 aMataaW d= 5 0 26 g Q . G 4THIte.n izB Y aL /tsT/ -46TH PLACE UC l _$(6N). D$ e o > 1o'ao- Q Q a L< g g. 9 n robiV iiVi1jn1 o 1I , i/Zy cn 6 ltJ C-W gp ADD.-: 3)O IT' 1 g 1 2 3 ,. / 1V ,•°, /Yl. z i R ( 62) ti I v 1 0 —2 CS ° 6z j9.a8 0 3 ;.;a W2 J i r j 0300 [sIR270' 57 t Sc' ` i>. k d y o I S 1 .00 o i5 I 8 a TQI 10 1o3 03 I —,—.oQF 'o.foF 1 z i C3 2 r; _ 46TH -AVE —y_ X63 P:L0.6 7 fS.ri, r21.sq I ~( Jl h. ! • `, _ 'rte ~ : a.z .. - s, (34)10 $ 8 h' x 111.H RE ° 6 p / I (33) Rc r 4_ < // (z5) goy /z k. " f w s.. q \ ,qO G h • esa, L 2 . se; (3o)6. 8 1 ,. p11) 5 "• 9~J tot.45 4.1 ND ADD. c, ( ) a 1 AMHURST 2ND ADD. , e: sr`P (19) 2 /°s OUTLOT 3) Ji. P eJ. 9( 8) f Q 0 6• S 111 - _ •, ' . 2 T 1 1190. SD' SEG' 46 7G- E CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We., the undersigned, do hereby petition the City of Plymouth. Mayor and Council for the installation of street lights in the following area: Parker's Lake North 3rd Addition per Developer approved plan prepared by NSP. We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. DAME LAUKKA-WILLIAMS PARKERS LAKE By: Larry Laukka, Inc. Its Managing Partner By: orda M. Olsen, Vice President ADDRESS 3300 Edinborough Way, Suite 201 Edina, Minnesota 55435 Jy i Jl.) 30. oLn A I LAK E NOF 2ND 'ADDITION OUTLOT G 2,5) o 24) 14 146) 40 34) 30. oLn A I LAK E NOF 2ND 'ADDITION OUTLOT G bUv' I LOT 4 2,5) o 24) 40 32) bUv' I LOT 4 0 CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: Parker's Lake North 4th Addition per Developer approved plan prepared by NSP. We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME LAUKKA-WILLIAMS PARKERS LAKE By: Larry Laukka, Inc. Its Managing Partner By orda M. Olsen, Vice President F ADDRESS 3300 Edinborough Way, Suite 201 Edina, Minnesota 55435 31 I ILisik OUTLOT J F LAK E NO[ A ; 1W it i 2ND ADDITIONz OUTLOT G PP E 2 145) 4 StA 146) -6 l w 54) SVA .3 35) 0 0 LOOPS 24) 27) :1 '26)! 32 ) s 75) bUv' I LUI 4 33 GOV rift CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For City Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Award of Contract Revere Lane/Trenton Place 2nd Addition Improvements City Project No. 517 On Tuesday, October 27, 1987, we received bids from ten contractors for the Revere Lane/Trenton Place 2nd Addition Improvements, City Project No. 517. The low bidder was Moser Construction and based on the recommendation of the consulting engineer, we would recommend that the contract be awarded to them in the amount of $44,250.55. The low bid is approximately 30% below the engineer's estimate. Fred G. Moore, P.E. FGM:kh Attachments: Resolution Letter of Recommendation CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: XXX adoption: aJ meeting of the City Council of day of XXX X7G :: introduced the following Resolution and moved its RESOLUTION NO. 87 - RESOLUTION AWARDING BID REVERE LANE/TRENTON PLACE 2ND ADDITION PROJECT NO. 517 WHEREAS, pursuant to an advertisement for bids for the improvement of Revere Lane within Trenton Place 2nd Addition by the installation of watermain, storm sewer, street gravel base and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID Moser Construction $ 44,250.55 B & D Underground 55,414.75 G. L. Contracting, Inc. 55,817.75 Northdale Const. Co., Inc. 57,329.05 H.B.H. Const., Inc. 57,657.90 Widmer, Inc. 57,832.50 Rice Lake Contracting Corporation 59,433.95 Latour Construction 59,878.10 S. J. Louis Const., Inc. 64,713.10 C.S. McCrossan Const., Inc. 74,256.50 WHEREAS, it appears that Moser Construction, of Minneapolis, Minnesota is the lowest responsible bidder. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Moser Construction of Minneapolis, Minnesota in the name of the City of Plymouth for the improvement of Revere Lane/Trenton Place 2nd Addition according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of 44,250.55. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. C IC XX C t XXX I Bonestroo, Rosene, Anderlik & Associates, Inc. 2335 W. Trunk Highway 36 St. Paul, MN 55113 612.636-4600 October 28, 1987 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Engineers & Architects Attn: Mr. Fred G. Moore Director of Public Works Re: Revere Lane/Trenton Place 2nd Addition Utility and Street Improvements Project No. 517 Our File No. 70243 Dear Fred: Otto G. Bonnuuu. P. E. Glenn H. Conk, 1'. L. Hubert W. Husene, /'.L kruh A. Gurdon, l'.L J—ph C. And -W. {'.L'. lhmoas L. % -, l' F. Brad/urd A. Lemberg, P.E. Ru hmd H'. hnrrr. N L- R:Chard E. Turner, P.E. Holm G. S. humrh 1, P I_ Junes C. O/sun, P.E. Al.—, L. Survafu, P.G. Dunuld C. Burgardt, P. E Jerry A- Bourdon, P.E A1urk A. hf—un, P.E. Ied K. Field, P.E. Ahrhael T. Huber: N. l%rJJrrl.. P L D—d O. Lwkul,, 1':L IN Tho,—s W. Peterson. P Ie-i M.rhuel C. Lyn. h. 1'.L Koren L. 47/1u. P.E. Junes N. Muland, ltE. t Kenneth P. Anderson. P t k,,th A. Bm hnwnn, P.L Mork R. Hulls, P E. I Hubert C. R—A. A. 1..4. Thomus E. Angus. P.L. i.Scutt L. Young, Pt, Churls A. L-ki— Leu Al P—Uy lurlun M. Olson Susan A1. El—lm On Tuesday, October 27, 1987, sealed bids were received for Revere Lane/ Trenton Place 2nd Addition Utility and Street Improvements. A total of ten 10) bids were received. The low five (5) bids have been computer checked and tabulated on the enclosed tabulation form; the balance of the bids have been checked and reviewed manually. The low bidder is Moser Construction with a total base bid of $44,250.55. A comparison of the low bid to the preliminary report cost estimate is as follows: Preliminary Low Report Bid Water Main $11,215.00 $ 8,249.25 Storm Sewer 44,083.00 28,216.30 Street (Grading and Base) 8,150.00 7,785.00 TOTAL ........... $63,448.00 $44,250.55 Page 1. 7565e City of Plymouth Plymouth, Minnesota Re: Revere Lane/Trenton Place 2nd Addition Utility and Street Improvements Project No. 517 Our File No. 70243 October 28, 1987 The bids on the project are considerably below the preliminary report estimate 30%) because of the unusually competitive bidding climate. This has been created by the early spring in which many projects have been completed earlier than expected, resulting in contractors requiring additional work. Moser Construction has recently completed projects in Farmington and Medina for our firm. The work on these projects was satisfactorily completed in a timely manner. We recommend award of the project to Moser Construction as the low bidder in the amount of $44,250.55. Yours very truly, BONE R , ROSEN , ANDERLIK & ASSOCIATES, INC. Harlan M. Olson HMO/asw Enclosure Page 2. 7565e le: OSCARAPTDC Page 1 OCT.29.e7 OCTOBER 29,19c7 iN Cr'=+11PBELL TY HALL 00 PLYMOUTH BLVD. YYMOUTH,MN 55447 HUMrt I NGB I RD i_ O)E PROD. #517 AR DAN: iE BIDS RECEIVED BY THE CITY FOR PROTECT #517 ARE FAVORABLE AND TC r-` I C, RECV_!E'=lT I tdG THE _ I T r AkIARD THE CONTRACT TO THE LOW BIDDER. iE CA,IH DEF'C-:=IT THr;TC!;L FLIF,'r•JI'=HED THE CJT`r' ',-J'=,'= BASED Cir•J THE ST E'TIP'1riTE CiF THE DE',!ELCiPt9Ef'dr C= hJTRT, THIS AP1011fJT (nfAS X25907 103625*25:).THE LOW BID FOR THE STORM SEWER & WATERMAIN AND STREET IS 14000; THE "25Y" AMOUNT I,JEOULD BE $11000($44000*25%). MR NAUSTDAL REQUESTING THE DIFFERENCE BE REFUNDED. t,,IOIILD =•!_i F'L AS r: `::''.:' ::! THE F'RIOF' REQ=1IE_T RELNTI':!E TC! THE C FTY ' F' ;RT I i I F' T I J i t•J Pr;`i' I FORFOTHE !..;ESTERL'r STORM '= EiA!ER . TANK ; iERtlAti !3OLDBER13 , P . E . OSCCAR NAUSTDAL CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For City Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Award of Contract Carlson Center 8th Addition Street and Utilities City Project No. 751 On Friday, October 30, 1987, we will receive bids from contractors for the Carlson Center 8th Addition Improvement Project No. 751. Because this memo will be received prior to the bid opening, a report will be made at the Council meeting Monday evening recommending action based on the bids received. v Fred G. Moore, P.E. FGM:kh CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1987. The following members were present: The following members were absent: C fX adoption: meeting of the City Council of day of , I CXX XXL: introduced the following Resolution and moved its RESOLUTION NO. 87 - RESOLUTION AWARDING BID CARLSON CENTER 8TH ADDITION PROJECT NO. 751 WHEREAS, pursuant to an advertisement for bids for the improvement of Carlson Center 8th Addition between Cheshire Lane and County Road 61 and South of Sunset Trail by the installation of sanitary sewer, watermain, storm sewer, concrete curb and gutter and bituminous street and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID WHEREAS, it appears that , of lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with , of in the name of the City of Plymouth for the improvement of Carlson Center 8th Addition, between Cheshire Lane and County Road 61 and South of Sunset Trail according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. is the 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. fi v CITY OF PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For City Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Award of Contract for Purchase of Recycling Containers Attached is a memo and resolution recommending we award the purchase of recycling containers based upon the low bid received on October 27, 1987. I am also attaching a letter we received from Habergman Machine which was received after bids were opened. When the City advertised for bids for these containers, the required advertisement was placed in our legal newspaper. Through Dick Pouliot's work with the other communities and our recycling contractors, we also knew of two firms which manufactured this type of recycling container. We sent a copy of the specifications to these two firms. During the advertising process we also had two additional firms contact us for specifications. We were not aware that Habergman Machine was a supplier of these containers. No specific container was specified in the request for bids. I have requested that the City Attorney be prepared to comment on the letter from Habergman Machine. Fred G. Moore, P.E. FGM:kh Attachments: Resolutions Memo Letter CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 28, 1987 For Council Meeting of November 2, 1987 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: Richard J. Pouliot, Project Coordinator SUBJECT: Award of Contract For the Purchase of 15,000 Recycling Containers On October 27, 1987, we received bids from three companies to supply the City with 15,000 recycling containers. The low bidder was "We Recycle, Inc.", Toronto Canada, with a bid of $4.91/container or a total bid of 73,650 for 15,000 containers. The attached resolution authorizes the acceptance of "We Recycle, Inc.'s" proposal to provide these containers. Richard J. Pou iot RJP:kh Attachments: 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: XX X adoption: YCXX introduced the following Resolution and moved its RESOLUTION NO. 87 - AWARDING BID FOR RECYCLING CONTAINERS WHEREAS, pursuant to an advertisement for bids for 15,000 recycling containers bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID We Recycle, Inc. $ 73,650 A - 1 Products 80,250 Rehrig Pacific Company 86,850 WHEREAS, it appears that We Recycle, Inc., of Toronto, Canada, is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Manager is hereby authorized and directed to accept the bid proposed of "We Recycle, Inc." to provide the City of Plymouth with 15,000 recycling containers at $4.91 each, or a total amount of 73,650. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposit of the successful bidder shall be retained until the lst shipment of containers is received. 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. 7iir4c 4c X I CX C 1 HABERMAN MACHINE 3240 LABORE ROAD • ST. PAUL, MINNESOTA 55110 • (612) 483-0297 October 291, 1987 City of Plymouth Attn: Mayor Virgil Schneider & City Council Plymouth, MN 55442 Subject: Consent Agenda Monday, November 12, 1987 Council Meeting 6-0 Aware Contract for Purchase of Recycling Containers Dear Mayor Schneider & City Council: On October 121 1987, a request for bids was issued for Multi -Material Recycling Containers. The bid close date was 10/27/87. Haberman Machine was not included in the bid request. Haberman Machine developed the first mold to manufacture these containers and become a supplier in the State of Minnesota, making it convenient for Minnesota municipalities to institute their recycling programs. The containers, currently, are manufactures locally, just down the street from Plymouth. We request.rejection of all bids so we may have the opportunity to bid on your proposal. Previously, information on the containers, as well as a personal contact were sent and made to your municipality. Please consider our request. Thank you. Sincerely, FlliploridentT. Ness JTN:sn Enclosure NAB8IMAN MACHINE 3240 LA BORE ROAD ST PAUL, MINNESOTA 55110 612) 483-0297 STACK TOTER - MODEL 28 INDUSTRIAL STRENGTH TOTE CONTAINER FOR MATERIAL SEGREGATION & STORAGE SPECIFIED DATA EXCELLENT RIGIDITY AND DURABILITY HIGH DENSITY POLYETYLENE PLASTIC WITHSTANDS TEMPERATURE VARIATIONS RESISTS MOST CHEMICALS, SOLVENTS AND OILS A VARIETY OF COLORS TO CHOOSE FROM INSIDE DIMENSIONS: HEIGHT - 11 1/4", LENGTH - 17 1/4", WIDTH - 13 1/4" 4" HIGH CUT OUT FOR EASY ACCESS WHEN STACKED WEIGHT - EACH UNIT: 5 LBS, 2 OZ. 2800 CUBIC INCHES OPTIONAL ANTISTATIC CAPABILITIES FOUR DRAIN IN BOTTOM USED IN: HOMES OFFICES FACTORIES STRONG DOUBLE REINFORCE~ HANDLES RIBS PROVIDE EXTRA STRENGTH AND STABILITY CKING FEET CKING STACKED DIMENSIONS ON BACK) STACK DIMENSIONS 20.75 17.25 1 Inside) 15.75 FRONT VIEW i 1.75 Lo ri co I 15.00 13.25 Inside) 4.00 SIDE VIEW CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For City Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: Johnson and Schroeder Lot Division (87077) At the August 24, 1987, Council meeting an item was on the agenda for the approval of a Lot Division proposed by Johnson and Schroeder Partnership. This Lot Division was the result of a negotiated settlement between the City, Johnsons and the Developer of the Wooddale Addition. The City Council deferred action on this item since the Johnsons and the Developer of the Wooddale Addition had not yet entered into an agreement as negotiated by the City. Attached are letters received from the Attorneys for the Developer and the Johnsons stating that the agreement has now been executed by Wooddale Ventures and the Johnsons. Attached are the resolutions and staff report which was part of the information at the August 24, 1987, Council meeting. It is recommended that the City Council take action on this Lot Division. Fred G. Moore, P.E. FGM:kh Attachments: Resolutions Letters CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - APPROVING VARIANCES FROM THE SUBDIVISION CODE AND URBAN DEVELOPMENT POLICY RESOLUTION NO. 75-664 AND LAND DIVISION FOR JOHNSON & SCHROEDER PARTNERSHIP (87077) WHEREAS, Johnson & Schroeder Partnership has requested approval of Variances from the Subdivision Code and Urban Development Policy Resolution No. 75-664, for the division of property by means other than platting, and the creation of a parcel in the unserviced area of the City, located northeast of the intersection of Vicksburg Lane and Schmidt Lake Road (5230 Vicksburg Lane); 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: EXISTING LEGAL DESCRIPTION INSERT) To be Divided as follows: PARCEL A: INSERT) PARCEL B: INSERT) FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division is approved by Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 87 - SETTING CONDITIONS TO BE MET PRIOR TO FILING THE LOT DIVISION AND REGARDING A SUB- DIVISION VARIANCE AND DIVISION OF LAND BY METES AND BOUNDS DESCRIPTION FOR JOHNSON & SCHROEDER PARTNERSHIP (87077) WHEREAS, the City Council has approved a Lot Division for Johnson & Schroeder Partner- ship for property located northeast of the intersection of Vicksburg Lane and Schmidt Lake Road, under Resolution No. ; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said Lot Division: 1. Compliance with the City Engineer's Memorandum. 2. No yard setback or public street frontage and access variances are granted or implied. 3. Payment of park dedication fees -in -lieu of dedication prior to issuance of Build- ing Permit in accordance with City Policy in effect at the time of Building Permit issuance. 4. Submittal of all necessary utility easements prior to filing Lot Division with Hennepin County. 5. The following variances are approved: a.) From Urban Development Policy Resolution No. 75-664; b.) From the platting requirements of the Subdivision Code; for the following reasons: The circumstances are unique to this parcel of land; the action will not cause an unreasonable burden upon the City nor cause a deleterious impact upon the natural environment; and, the Subdivision Variance Criteria are met. 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 ora stained: Whereupon the Resolution was declared duly passed and adopte ROBINS, ZELLE, LARSON & KAPLAN FOUNDED IN 1938 AS ROBINS, DAVIS & LYONS ATTORNEYS AT LAW ATLANTA, GEORGIA INCLUDING THE FORMER FIRM OF STACKER & RAVICH DALLAS, TEXAS 1800 INTERNATIONAL CENTRE MINNEAPOLIS, MINNESOTA 900 SECOND AVENUE SOUTH NEWPORT BEACH, CALIFORNIA MINNEAPOLIS, MINNESOTA 55402-3394 SAINT PAUL, MINNESOTA TELEPHONE (612) 349-8500 . WASHINGTON, D. C. TELECOPIER (612) 339-4181 TWX 910-576-2737 EILEEN M. ROBERTS WELLESLEY, MASSACHUSETTS 612) 349-8724 October 29, 1987 VIA MESSENGER Mr. Fred G. Moore, P.E. Director of Public Works City of Plymouth Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Purchase and Settlement Agreement between Dwaine O. Johnson and Audrey F. Johnson and Wooddale Ventures Our File No. 19894-0000 Dear Mr. Moore: This letter confirms that the referenced Agreement has been signed by all parties. Our law firm is counsel to Mr. and Mrs. Johnson, and the law firm of Brenner, Workinger & Thompson, which is counsel for Wooddale Ventures, will also be delivering a letter to you this morning confirming execution of the Agreement. It is my understanding, based on my telephone conversation with you yesterday, that provided you receive this letter and the letter from the Brenner firm by noon today, the Johnsons' request for a lot split on the parcel which is the subject of the Agreement can be placed on the City Council's agenda for its November 2, 1987, meeting. If you would like my clients or me to appear at that meeting, please let me know. If I do not hear from you, I will contact you on Tuesday morning, November 3, to learn the outcome of the Council meeting. Mr. Fred G. Moore, P.E. October 29, 1987 Page Two Thank you very much for your continuing attention to this matter. Very truly ours, Eil M. oberts EMR/gd cc: Dwaine O. and Audrey F. Johnson Joseph G. Thompson, Esq. Mary S. Vujovich, Esq. BRENNER, WORKINGER & THOMPSON, ATTORNEYS AT LAW SUITE 1000 7900 INTERNATIONAL DRIVE MINNEAPOLIS, MINNESOTA 55420 TELEPHONE: (6 12) 8547600 TELECOPIER: (612) 854.0502 LOUIS W. BRENNER October 29, 1987 GERALD G. WORKINGER, JR. JOSEPH G. THOMPSON JOHN T. HARTMANN Mr. Fred Moore Director of Public Works Plymouth City Hall 3400 Plymouth Blvd. Plymouth, MN 55447 Re: Wooddale Ventures - Dwaine and Audrey Johnson Our File No. 3950-334 Dear Fred: MARY S. VUJOVICH DAVID J. MEYERS JOHN T. RICHARDSON RICHARD A. GLASSMAN JEFFREY M. LANG MARGARET M. HORSCH WILLIAM L. MORAN I am advised by Mr. Steven T. Ryan of Wooddale Ventures that a Settlement and Purchase Agreement has been executed by Wooddale Ventures and the Johnsons. Closing of this settlement and purchase is contingent upon the City Council approving a lot split for the parcel to be purchased by Wooddale. Please inform us immediately the next day after the City Council meeting of the decision. Thank you. Very truly yours, SOS G. Th m' JT:STC cc: Ms. Eileen Roberts 13 s 7 G -77 IJ CITY OF August 25, 1987 PLYMOUTR Mr. Dwaine Johnson 5110 Vicksburg Lane Plymouth, Minnesota 55446 Subject: Lot Division (87077) Dear Mr. Johnson: Yesterday, August 24, 1987, I discussed your Lot Division Application with your wife, Audrey, and your attorney Eileen Roberts. I had called both of these people, since I had not received a response to my August13, 1987, letter concerning the execution of the settlement agreement between you and the developers of Wooddale Addition. In that letter I stated that it would be my recommendation that the City Council defer any action on the Lot Division until the settlement agreement had been signed by both parties. I was informed that your attorney and the attorney for the developers were working on differences which you had in the proposed settlement agreement. At the City Council meeting on August 24, 1987, your Lot Division was considered by the City Council. As I stated in my previous letter to you, I recommended to the City Council that action be deferred since the settlement agreement had not been executed. The City Council deferred action on the Lot Division. As I discussed with Eileen Roberts, the next City Council meeting at which this item will be considered is September 14, 1987. She stated to me that this should allow ample time for the settlement agreement to be executed. Would you please see that I receive a copy of the executed settlement agreement after your negotiations are completed. When I receive the agreement, your Lot Division will again be placed on the City Council Agenda. If there are any questions or if I can be of any assistance, please contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh cc: James G. Willis, City Manager Jim Thomson, City Attorney File No. 87077 Mary S. Vujovich 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 CITY OF PLYMOUTH r 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 20, 1987 for City Council Meeting August 24, 1987 TO: Assistant City Manager Frank Boyles FROM: Community Development Director Blair Tremere SUBJECT VARIANCES FROM THE POLICY RESOLUTION NO. 75-664 AND FROM PLATTING AND FRONTAGE REQUIREMENTS OF THE SUBDIVISION CODE FOR JOHNSON & SCHROEDER PARTNERSHIP (87077) SUMMARY: Attached is the Resolution approving the Variances from the Policy Resolution No. 75-664 and from the platting and frontage requirements of the Subdivision Code for Johnson & Schroeder Partnership. The Planning Commission reviewed the request at the meeting on August 12, 1987 and recommended approval by unanimous vote. A++Mnhmnntc 1. Resolution 2. August 12, 1987 Planning Commission Minutes 3. August 5, 1987 Planning Staff Report 4. Large Plans lrej,,c.dl Page 192 Planning Commission Minutes August 12, 1987 Vice Chairman Pauba introduced the request by Johnson & Schroeder Partnership for variances from the Policy Resolu- tion No. 75-664 and from the platting and street frontage requirements of the Subdivision Code. Reading of the August 5, 1987 staff report was waived. The petitioners were not present, though they had beer present earlier. Engineer Goldberg explained the circum- stances of the request. Motion by Commissioner Wire to recommend approval for the variances from Policy Resolution No. 75-664 and from the platting and street frontage requirements to allow division of land for Johnson & Schroeder Partnership, subject to the conditions as listed in the August 5, 1987 staff report. The Motion died for lack of second. Commissioner Marofsky stated his concern that this property will be "land locked". Engineer Goldberg explained that this property cannot develop until after the Year 2000, as it is within the Metropolitan Urban Service Area. In res- ponse to questions, Engineer Goldberg confirmed that a single family home might be constructed on the property. Director Tremere explained the circumstances surrounding this request were unique and granting this variance would not set a precedent. OOHNSON do SCHROEDER PARTNERSHIP VARIANCES FROM THE POLICY RESOLUTION 75-664 AND PLATTING REQUIREMENTS OF THE SUBDIVISION CODE 87077) MOTION by Commissioner Plufka, seconded by Commissioner NOTION TO APPROVE Marofsky to recommend approval of the variances from Policy Resolution No. 75-664 and from the platting and street frontage requirements of the Subdivision Code for Johnson & Schroeder Partnership, subject to the conditions listed in the August 5, 1987 staff report. Vote. 6 Ayes. MOTION carried. Awn 1 mww The meeting adjourned at 1:07 A.M. VOTE - NOTION CARRIED CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT TO PLANNING COMMISSION REPORT DATE: August 5, 1987 MEETING DATE: August 12, 1987 FILE NO.: 87077 PETITIONER: Johnson & Schroeder Partnership REQUEST: Variances from Policy Resolution No. 75-664 and from platting and frontage requirements of the Subdivision Code LOCATION: Northeast of the Intersection of Vicksburg Lane and Schmidt Lake Road 5230 Vicksburg Lane) GUIDE PLAN CLASS: LAR (Living Area Rural) ZONING: FRD (future restricted development) The petitioner requests approval of Variances from Policy Resolution No. 75-664, regu- lating urban development to create a parcel in an unserviced area; and, from the Subdivision Code requirements to divide the property by means other than platting. Also, a Variance is requested from the Subdivision Code requirements that all lots must have at least the minimum required frontage on a public dedicated street. Property owners within 100 ft. have been notified of the Variance request. This matter was discussed at the City Council meeting on dune 15, 1987, and negotia- tions between the property owners and the City were conducted during a 5 -hour meeting on duly 2, 1987. As stated in a letter from Dwaine 0. Johnson, dated duly 27, 1987, "the potential solution to litigation against the City of Plymouth for the 'taking' of our lands for Wooddales storm sewer water, as worked out in the duly 2, 1987 meeting: A reluctant seller (Johnson Schroeder Partnership) and a reluctant buyer (Wooddale Ventures) are to enter into an agreement to have Wooddale Ventures buy the 11.54 acre southern portion of the 20 acre parcel bordering Schmidt Lake Road so as to eliminate our need for damages since we will no longer own the land in question. In the process, it is necessary for the City Council of Plymouth to pass the neces- sary Resolution to divide the northern portion to the Schroeder's and the southern portion for sale to Wooddale Ventures." ANALYSIS: Variance from Policy Resolution No. 76-664: 1. Attached is a copy of Resolution No. 75-664 which establishes City policy in regu- lating urban development. 2. The policy identifies that the use of private water and sanitary sewer disposal systems are a menace to public health, safety, and welfare of the citizens of the City of Plymouth; and, that they threaten to cause irreparable harm to, and pollu- Page two Planning Staff Report Johnson & Schroeder Planning Commission Meeting August 12, 1987 August 5, 1987 City of Plymouth; arid, that they threaten to cause irreparable harm to, and pollu- tion of existing natural resources. It explains that, skipping over developed land to permit development, places an unreasonable burden on the residents and the City to provide police, streets, utility extension and maintenance, fire protection, and other public services. Allowing developments to occur without City water and sanitary sewer disrupts orderly planning for future developments, and represents a future financial burden for future residents of Plymouth who initially pay for private utility systems only to have them ultimately be replaced by a public utility system. The Policy concludes that because of the identified concerns, no land in the City shall be platted or replatted, unless City water and sanitary sewer are available, and that no development will be permitted in areas not having City water and sanitary sewer available. The Policy places the burden on the petitioner to demonstrate that divergence from the above described points will not cause an unreasonable burden upon the City in providing services and utilities, or cause a deleterious impact upon the natural environment. 3. The LAR (Living Area - Rural) designation on the 1990 Land Use Guide Plan, identi- fies areas outside the Metropolitan Urban Service Area (MUSA) boundary, which are to be maintained at rural and agricultural densities at least until completion of the Elm Creek Sewer Interceptor which is not expected until approximately the Year 2000. The density in the LAR classification ranges from an agricultural density to a maximum allowable density of one dwelling unit per 5 acres. The overall density in this district is not expected to exceed one dwelling unit per ten acres, due to the physical constraints of the land in this district, and the enforcement of adopted City Codes and Policies. 4. City Council actions in recent years, regarding parcels in the unserviced areas, have been in the context of whether to permit issuance of building permits on those parcels not abutting public roads, and notably, on parcels which were created under previous State law which allowed the creation of the 5 acre (versus present 20 acre) lots without local approval. 5. Sanitary Sewer and water are located directly south of this property, but will not be extended into this area until after the Year 2000. 6. An area/vicinity map and information showing public rights-of-way which abut the property, have not been submitted. Variances from the Subdivision Code: 1. If a Variance from the Policy Resolution No. 75-664 is deemed appropriate, a Vari- ance is requested so that the subject property can be divided by metes and bounds description into the approximate 8.9 acre and 11.54 acre parcels. Page three Planning Staff Report Johnson & Schroeder Planning Commission Meeting August 12, 1987 August 5, 1987 2. A variance is requested to allow the creation of a parcel without frontage on a public dedicated street. 3. Variance standards of the Subdivision Code are attached. 4. Park Dedication requirements for the proposed two lot division would be cash fees -in -lieu of land dedication. This would be required with the issuance of building permits.. A trail outlot will be required south of the Soo Line with future development. PLANNING STAFF COMMENTS: 1. Creation of lots for development is contrary to the intent of the Policy. 2. The circumstances behind this petition are not common throughout the FRD (future restricted development) District and the Rural Service Area. 3. There is no proposal to develop or urbanize the land. 4. The City Council has, through its committee, indicated the net results of these actions is an appropriate resolution of a broader problem. Attachments 1. Draft Recommendation 2. Location Map 3. Policy Resolution No. 75-664 4. Subdivision Code Variance Criteria 5. Staged Development Plan 6. Petitioner's Statement 7. Engineer's Memorandum 8. Large Plans LOT DIVISION (SUBDIVISION VARIANCE) RECOMMENDATION FOR PLANNING COMMISSION MEETING AUGUST 12, 1987 FOR JOHNSON & SCHROEDER PARTNERSHIP VARIANCE REQUEST (87077) SETTING CONDITIONS TO BE MET PRIOR TO FILING THE LOT DIVISION AND REGARDING A SUBDIVISION VARIANCE AND DIVISION OF LAND BY METES AND BOUNDS DESCRIPTION FOR JOHNSON & SCHROEDER (87077) 1. Compliance with the City Engineer's Memorandum. 2. No yard setback or public street frontage and access variances are granted or implied. 3. Payment of park dedication fees -in -lieu of dedication prior to issuance of Building Permit in accordance with City Policy in effect at the time of Building Permit issuance. 4. Submittal of all necessary utility easements prior to filing Lot Division with Hennepin County. 5. The following variances are approved: a.) From Urban Development Policy Resolution No. 75-664; b.) From the platting requirements of the Subdivision Code; for the following reasons: The circumstances are unique to this parcel of land; the action will not cause an unreasonable burden upon the City nor cause a deleterious impact upon the natural environment; and, the Subdivision Variance Criteria are met. res/aug(0&S)1 N, Joti So. •" .Sc iio/ i POLICY ON REGULATING URBAN DEVELOPMENT Resolution No. 75-664 November 17, 1975 (Supersedes Res. No. 73-37, January 22, 1974) The use of private water and sanitary sewer disposal systems as are practiced today for developments is a menace to the public health, safety and welfare of citizens of the City of Plymouth and the metropolitan area and threatens to cause irreparable harm to, and pollution of, existing natural resources. Skipping over undeveloped land to permit developments places an unreasonable burden upon the landowners, residents and taxpayers of the City of Plymouth in that such developments cause undue financial burdens upon the City for policing, providing streets, utility extension and maintenance, fire protection, and other public services. Developments located outside of areas serviced by or adjacent to the City water and sanitary sewer system disrupts orderly planning for future developments as well as causes undue scheduling, engineering and fiscal problems for the City in expanding services and extending utilities. Developments without public water and sanitary sewer systems represent a future financial burden for the future residents of Plymouth who must initially pay for private water and sanitary sewer systems, only to have them ultimately replaced by public utility systems. Because of the foregoing, the following policy regulating urban development is established: 1. No land in the City of Plymouth shall be platted or replatted unless City water and sanitary sewer shall be available to such property; 2. No development will be permitted in areas not having City water and sanitary sewer available; 3. If it can be demonstrated by the petitioner that divergence from the points above will not cause an unreasonable burden upon the City of Plymouth in providing services and utilities or cause a deleterious impact upon the natural environment, then the City may consider granting a variance to this policy in reviewing a proposed develop- ment. 4- S UODIV15 I vN CODE. VRRI RNGF- Sr?' 1NDINRDS GENERAL CONDITIONS The Planning Commission may recommend a variance from the provisions of this Section (500.41) as to specific properties when, in its Judgment, an unusual hardship on the land exists. In granting a variance, the Commission may prescribe conditions that it deems necessary or desirable in the public interest. In making its findings, as required below, the Commission shall consider the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Commission finds: a) That there are special circumstances or conditions affecting the specific property such that the strict application of the provisions of this Section would deprive the applicant of the reasonable use of the land. b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant. c) That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated. The Commission findings in granting or denying a variance shall be in writing and filed with the City Clerk. APPLICATION REQUIRED Applications for any variance under this Subsection shall be submitted in writing by the owner or subdivider at the time the preliminary plat is filed for consideration by the Planning Commission, and shall state all facts relied upon by the applicant, and shall be supplemented with maps, plans or other additional data which may aid the Commission in the analysis of the proposed project. The plans for such development shall include such covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan for the proposed project. NN..... In- We request the division of the aforementioned property into two parcels. The north 8.98 acre parcel (parcel A) will be retained under private ownership by Douglas R. and Joanne M. Schroeder of 5230 Vicksburg Lane. The south 11.54 acre parcel (parcel B) will be sold to Dirlam Development (AKA) Wooddale Ventures in settlement of our claim against the City of Plymouth for permitting the unauthorized "taking" of our property for Wooddale's storm sewer drainage. The solution of this "taking" problem was worked out in a meeting on Thursday, July 2, 1987 at city hall with the assistance of Mr. Willis, Mr. Moore and council persons Vasilou and Crain. Council Persons H. David Crain and Maria Vasiliou City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear David and Maria: 974 " 77 5110 Vicksburg Lane Plymouth, MN 55446 July 27, 1987 We are in receipt of the enclosed letter dated July 24, 1987 from Ray Anderson of the City of Plymouth. We may be over -sensitive to the time spent on our part, over the last three years, in seeking a solution to the Inverse Condemnation problem with the City of Plymouth vis-a-vis the storm sewer water from Wooddale onto the property in question. We feel after our 2; hour presentation at the city council meeting of June 15, 1987 and the 5 hour meeting of July2, 1987 with the two of you plus Willis, Moore, the developer, his engineer and attorney, our attorney and, for part of the time, Sherm Goldberg and Mr. James Thomson; that the concept of the potential solution was understood by all. We are reticent to expend more time when we are the injured party and atleastamoderateeffortshouldbemadebythe "staff" to "walk" this through the bureaucratic process to a final council resolution. Points one and two of the attached letter are well-known to all concerned since the Mayor, virtually all of the council and most of the senior staff have walked the property in question. But - the precise answer to question one and two is contained as an attachment to Mr. Sherm Goldberg'smemotoMr. James Willis of June 10, 1987. Point three seems to have no relevance to this issue and it seems incongruous to us that we have now gotten this bogged down in the City of Plymouth's third level bureaucracy. To re -state, for those copied, the potential solution to litigation against the City of Plymouth for the "taking" of our lands for Wooddale's storm sewer water, as worked out in the July 2, 1987 meeting: A reluctant seller (Johnson Schroeder Partnership) and a reluctant buyer (Wooddale Ventures) are to enter into an agreement to have Wooddale Ventures buy the 11.54 acre southern portion of the 20 acre parcel bordering Schmidt Lake Road so as to eliminate our need for damages, since we will no longer own the land in question. In the process, it is necessary for the city council of Plymouth to pass the necessary resolution to divide the northern portion to the Schroeders and the southern portion for sale to Wooddale Ventures. We filed the necessary papers with Al Cottingham on Monday, July 6, 1987. H. D. Crain & M. Vasiliou Page 2 July 27, 1987 I trust we have. not reverted to "square one" or the situation that existed prior to the June 15 council meeting. We shall look forward to your collective reply. Sincere -kV I" Dwaine _O. Jonson DOJ:vj enc ----) cc: Virgil Schneider, Mayor Jerry Sisk, Council Person Bob Zitur, Council Person James Willis, City Manager Fred Moore, Director of PublicWorks Sherm Goldberg, City Engineer Ray Anderson, Community Development Coordinator John Sweeney, Assistant City Engineer 22324< Eileen Roberts; Robins, Zelle, Larson & Kaplan X022 Mr. & Mrs. Douglas SchroederCOr o 4168 9C Citv of Plymouth E N G I N E E R S K E N O to Planning Commission 6 City Council DATE: August 6, 2987 FILE NO.: 87077 PETITIONER: Johnson and Schroeder Partnership, 5230 Vicksburg Lane, PZymouth, Mn. 55446 LOT DIVISION/CONSOLIDATION: ParceZ 9-ZZ8-22-23-0001 LOCATION: East of Vicksburg Lane, North of Schmidt Lake Road in the northwest Z/4 of Section 9. ASSESSMHPT RECORDS: N/A Yes No 1. X 2, X 3. X 4. Watermain area assessments have been levied based on proposed use. Sanitary sewer area assessments have been levied based on proposed use. SAC and REC charges will be payable at the time building permits areissued. Additional assessments estimated: Area assessments wiZZ be Zevied when sanitary sewer and water are available to the property. Legal/Easements/Permits: 5. X Complies with standard utility/drainage easements - The current City ordinance requires utility and drainage easements tenfeet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. (If easements are required, it is necessary for the owner to submit separate easement documents executed and in recordable form prior to the issuance of any building permits.) 6. X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lving below the established 100 year high water elevation and conformance with the City's Comprehensive Storm DrainagePlan. N/A Yes No 7. X Cori forms with City policy regardingminimum basement elevations - Minimum basement elevations must be established for the following lots: 8. X All standard utility easements required for construction The following easements will be required for construction of utilities 9. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-wav to facilitate the development. This vacation is not an automatic process in conjunction with the platting process. It is entirely dependent upon the City receiving a petition for the vacation from the property owner; therefore, it is their responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the Citv with this application - It will be necessary for the property owner to provide the Citv Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. X All existing street rights-of-way are required width - Additional right-of-way will be required on iPBCIAL CONDITIONS REQUIRED: Z2. %'he survey shaZZ be revised to show the existing right-of-way for Sc7rnidt Lake Road. Submitted bv: i Com• y. 2- F may CITY OF PLYMOUTH 7 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 For City Council Meeting of November 2, 1987 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT • Report on Sewer System Evaluation I/I Analysis, Amber Woods Area Attached is a copy of the final report from the sewer system evaluation within the Amber Woods Area. I have requested that the consulting engineer, Donohue and Associates, make a brief presentation to the City Council on this analysis. I would suggest that the City Council receive the report and set this item for discussion at a City Council's Study Meeting. Fred G. Moore, P.E. FGM:kh Attachment: Copy of Final Report CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 29, 1987 for City Council Meeting November 2, 1987 TO: City Manager James G. Willis FROM: Community Development Director Blair Tremere SUBJECT RETENTION OF CONSULTANT SERVICES FOR REVIEW OF SENIOR HOUSING DEVELOPMENT PROPOSAL SUMMARY: The attached Resolution authorizes the retention of Ehlers and Associates to assist the City and its Housing and Redevelopment Authority (HRA) in the evaluation of proposals for development of the senior citizen site in Downtown Plymouth. We requested proposals for this assistance in two parts: One part is for the initial evaluation of the proposal (which Ehlers and Associates has done previously); the second part would only be implemented if a viable development proposal is approved and the City Council authorizes the subsequent necessary steps to actually develop this site. Requests for Proposal were sent to several potential sources including a clearing house agency recommended by Hennepin County as a potential source for minority and pro- tected class businesses. Ehlers and Associates was the only proposal received. The necessary work is related to the Senior Citizen Housing site development which is an eligible Community Development Block Grant (CDBG) activity. The payment for the consulting services will be warranted through to the County for reimbursement from the City CDBG allocation. We recommend approval of Ehlers and Associates for this service. The attached proposal was sent to the Minority Business Development Center which was recommended by the Hennepin County staff; to Allison -Williams; and, to Ehlers and Associates. The not -to -exceed price for Phase I services would be $1,000.00; and, if necessary, the services for Phase II would have a not -to -exceed price of $3,500.00. Ehlers and Associates has worked for the City of Plymouth and is familiar with the City in general as well as with this particular development effort. Incidentally, we have three proposals from prospective development interests who res- ponded to the latest request for proposals authorized by the HRA. The three proposals will be provided to the consultant and it is expected that the HRA should have complet- ed its work by mid-December, hopefully to include a recommendation to the City Council. AttAphmpntc 1. Resolution 2. Request for Proposal 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 RETENTION OF EHLERS AND ASSOCIATES FOR CONSULTIVE SERVICES REGARDING DEVELOPMENT OF SENIOR CITIZEN HOUSING WHEREAS, the City has a program funded by Community Development Block Grant (CDBG) funds for the planning and development of Senior Citizen Housing; and, WHEREAS, the City and the City's Housing and Redevelopment Authority (HRA) have acquired a site using Community Development Block Grant funds; and, WHEREAS, the City and its Housing and Redevelopment Authority have requested propsals from development interests as to the private sector development of subsidized senior citizen housing on the site owned by the City and its Housing and Redevelopment Author- ity; and, WHEREAS, the City has identified the need to have consultant expertise to properly evaluate the economic feasibility and financial soundness of proposals and developers who have indicated an interest in developing the project; and, WHEREAS, the City has also identified the need to have consultant assistance in the event that a viable development proposal is identified and approved so that a proper and effective development agreement can be produced and executed; and, WHEREAS, proposals for the desired and necessary consultant expertise were solicited from three potential sources that included Allison -Williams, Minneapolis; Minority Business Development, St. Paul; and, Ehlers and Associates, Inc., Minneapolis; and, WHEREAS, a proposal was received from Ehlers and Associates, Inc. only and it is res- ponsive to the proposal; 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 City Manager to enter into an agreement with Ehlers and Associates, Inc. for the necessary financial and development feasibility analytical services for proposals to develop senior citizen housing on the City owned site, pursuant to Phase I of the proposal dated October 26, 1987 and the Request for Proposal from the City, for a not -to -exceed amount of $1,000.00; PLEASE SEE PAGE TWO Page two Resolution No. 87 - FURTHER, be it hereby resolved that the authorization shall also include an agreement for development review services identified in the Request for Proposal and the proposal as Phase II, if the City Council approves a development proposal, for a not -to -exceed amount of $3,500.00; FURTHER, be it hereby resolved that the cost for these financial and development evaluation services shall be submitted for reimbursement from Community Development Block Grant funds through the approved Program Activity for Planning and Development of the Senior Citizen Housing site. 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. 4t,,.T0gE2 Ib, 192 1 REQUEST FOR PROPOSED FINANCIAL ANALYSIS FOR SERVICES The City of Plymouth and its Housing & Redevelopment Authority (HRA) are accepting pro- posals from qualified financial consultants to analyze the "financial package" to be submitted by a private developer for the planning, development, construction and opera- tion of a senior citizen multi -tenant apartment building to be located on property owned by the City. The site would be contributed, by the City, to the privately owned and operated facility. Phase I The consultant will initially assist the City by providing the detailed review, analy- sis, and recommendations necessary to select the most responsible and feasible develop- ment proposal. This will involve an evaluation of the financial pro forma and related data supplied by prospective developers in response to the Development and Construction Request for Proposal (attached). The consultant will provide a written report to the City within a time frame to be agreed to which explains, in detail, each recommendation(s); including the financial criteria and techniques used to evaluate the proposals. Phase II The consultant will work with the City and with selected developer(s) to evaluate the financial feasibility of specific proposals during implementation, and to assist the City to assure that the development of the approved housing would occur in a timely manner and adhere to federal, state and local guidelines and regulations. The Phases are exclusive, in that conclusions of Phase I may preclude the Phase II services through a decision not to proceed with the project, or to redefine the consul- tant services. The quote should include the following for each Phase: 1. Not -to -exceed cost, indicating personnel costs on an hourly basis. Include attendance and professional support at evening meetings with the City Council and Housing and Redevelopment Authority (HRA); and, at daytime work sessions with City staff (in addition to normal telephonic and written communications). At least two meetings and two work sessions are anticipated. 2. Material costs, reflecting the understanding that draft materials will be reproducible so that adequate quantities of working copies can be reproduced by the City for staff, HRA, and City Council review purposes. 3. Schedule of work, anticipated completion time and availability of staff to finish the project in a timely fashion. 4. Written description of comparable work experience, including references of parties directly involved in this process. Pertinent capabilities and qualifications for this work should be specified. Page two City of Plymouth Request for Proposed Financial Analysis Service The consultant should be familiar with Federal Department of Housing and Urban Develop- ment (HUD) rules regarding the proposed housing and have a thorough knowledge of financing mechanisms available for all types of housing development. It is expected that the consultant will have significant experience with the development of senior citizen housing, preferably in the Twin Cities Metropolitan area. Background information about the site and the concept for development of elderly hous- ing is available from the City. The City has information which may be applicable and which will be available for this work including the 1980 Census information, maps, and other data from the HRA and City departments. It is expected the proponent will have knowledge and access to other sources of infor- mation including the Metropolitan Council and Federal, State, and County agencies. The City welcomes the use of innovative analytical techniques and resources which propon- ents may have regarding this subject. All written reports and related materials will become the property of the City of Plymouth. Selection for Phase I services will not assure selection for Phase II. Quotes should be exclusive for each phase. Architectural and construction management services are not solicited at this time. The City of Plymouth is a municipal corporation in the State of Minnesota, and the agreement with the successful proponent will be reflected in a contract to be approved by the City Attorney as to form and content. Some or all of the costs of this effort may be reimbursed with funds allocated under the Community Development Block Grant (CDBG) Program. Therefore, it is essential that applicable federal laws and regulations regarding employment practices and procedures be followed. A statement of compliance will be part of the contract with the consultant. Written proposals should be submitted in triplicate on or before Noon, October 26, 1987 to: James G. Willis, Executive Director Housing and Redevelopment Authority City of Plymouth 3400 Plymouth Blvd. Plymouth,MN 55447 Questions should be directed to Blair Tremere or to Milt Dale at 559-2800. The City of Plymouth in an Equal Opportunity Employer. Director of Community Development Blair Tremere City of Plymouth, Minnesota 0353P Ehlers and Associates, Inc. L E A D E R S I N P U B L I C F I N A N C E CITY OF PLYMOUTH, MINNESOTA SENIOR CITIZEN HOUSING PROJECT OCTOBER 26, 1987 OFFICES IN MINNEAPOLIS AND WAUKESHA 507 Marquette Avenue • Minneapolis, MN 55402-1255.612-339-8291 TABLE OF CONTENTS SECTION PAGE Cover Letter Understanding the Project 3 Scope of Services/Work Program 4 Timeline 7 Budget 9 Project Team 10 Ehlers and Associates Related Experience 16 Exhibit A A-1 Ehlers and Associates, Inc. L E A D E R S I N P U B L I C F I N A N C E October 26, 1987 Mr. James G. Willis, Executive Director Housing and Redevelopment Authority Mr. Blaire Tremere, Community Development Director Mr. Milt Dale, Housing Specialist 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Messrs. Willis, Tremere and Dale: Ehlers and Associates, Inc. is delighted to respond to your request for proposals regarding the manner and terms on which we will serve as financial analyst/consultant to the City of Plymouth in its review of developers' proposals for senior citizen housing in downtown Plymouth. Enclosed for your review is a work program which outlines the market and financial services we will provide for Phase I which will include the detailed review, analysis and recommendation necessary to select the most feasible development proposal. If appropriate, we will also assist with the completion of Phase II by evaluating the financial feasibility of specific proposals to assure the City of a timely completion of the project in compliance with all laws and regulations. The Ehlers' project team will consist of Jeanne Frederick, Steve Apfelbacher and Mike Grossman. These three have a unique mixture of ongoing municipal finance and private developer experience. This team has specific experience with similar assignments and has not only studied and evaluated projects but has assisted communities in successful project implementation. OFFICES IN MINNEAPOLIS AND WAUKESHA 507 Marquette Avenue • Minneapolis, MN 55402-1255 •612-339-8291 This team is particularly well qualified to provide consulting service: 1. Ehlers and Associates, Inc. is an independent (non -investment banking) advisory firm which has rendered financial advisory services to about 2,000 local governments, located primarily in the Upper Midwest, for 33 years. Ehlers and Associates actively works with over 300 Minnesota municipalities and certain private corporations, making us uniquely qualified in Minnesota financing. 2. Ehlers and Associates was the first financial advisor to competitively bid Minnesota general obligation tax increment bonds. Since then the Firm has been involved in the creation and implementation of over 125 tax increment districts in the Upper Midwest. Project team members' experiences include: The administration and construction of over 250 units of elderly housing in the Metro area. The placement of numerous tax-exempt housing bond issues working with several developers in the Metro area. Redevelopment and development experience for Metro communities. As a result of the project team's experience and the Firm's commitment of necessary resources, we have the capability of cost effectively assisting the City of Plymouth in this project. If you have any questions regarding this proposal, please do not hesitate to contact either of us at 339-8291. Very truly yours, EHL AND ASSOCIA ES, INC. EHHLERS CAPITAL AND DEVELOPMENT, INC. KnF. A Michael P. Grossman irector Economic Development Advisor MPG:nad 0353P 2- UNDERSTANDING OF THE PROJECT The Plymouth Housing and Redevelopment Authority (HRA) seeks to have developed up to 150 dwelling units for senior citizens. The housing will be located at the northeast corner of Plymouth Boulevard and 37th Avenue North. The site is in the planned development area known as Downtown Plymouth. A cleared site could be sold to the selected developer. Completion of all site improvements and initial occupancy should occur in late 1988 or early 1989. At least 51% of the units of the proposed housing must meet low or moderate income guidelines and the rent for those units shall be within the range of 30-35% of the maximum household income by household size per federal low/moderate income guidelines. This is required because the site was purchased by the Plymouth HRA using federal CDBG funds. This requirement is applicable for a minimum of twelve years. The Plymouth HRA will negotiate the land sale and other site development matters in early 1988. The selected developer will be required to sign an agreement guaranteeing a specific building and site design and resultant assessed value. In addition, the Housing Authority has indicated that it may consider a variety of possible financing mechanisms in addition to the dedication of land, such as tax increment financing or housing revenue bonds. The work program contained in this proposal will not only provide solutions to many of the questions that may arise, but will provide a process for translating answers and also recommendations into a viable senior housing project. 3 - WORK PROGRAM This proposal outlines the market and financial services we can provide for development activities involving subsidized residential uses. We see two basic phases in the development process for which the City of Plymouth may need consultation. These situations include: Phaco T Evaluation of a developer's proposal to determine project feasibility and the appropriate level and form of public subsidy. Phase II Negotiation with the developer to achieve a development agreement. Specific consulting tasks associated with each of these general activities are described below. Before these basic phases are undertaken the consultant will prepare a timeline identifying work products/tasks and the date when these work products/tasks will be completed. PHASE I A. REVIEW DEVELOPMENT PROPOSAL SUBMITTED TO CITY (Assumes up to five developer proposals will be received by the City) 1. Prepare a summary comparison of the proposals received by the City. This review will include a review of the size, type, timing, assessed valuation, experience in elderly housing, market segment, elderly support services, pro forma, financial ability of developer, sources of project financing, and required City commitments and actions. 2. Determine what City resources are available to finance the requested developer subsidy including a projection of the amount of tax increment financing the project would support. PHASE II B. NEGOTIATE WITH DEVELOPER OR SELECTED DEVELOPERS 1. Evaluate Developer's Proposal. Review market analysis assumptions and project pro forma to determine feasibility of project, justification of developer's subsidy and evaluate public finance considerations. a. Review market analysis prepared by the developer. b. Identify primary market research, if necessary, to check the developer's market analysis and findings. 4 - c. Depending upon the level of subsidy requested by the developer, an analysis will be made to determine if the City should undertake a program to reduce the criteria for low or moderate income persons from 51% to 20%. This may reduce the overall subsidy requested for the project. d. Review the developer's project development costs and cash flow pro formas and recommend changes in those assumptions where appropriate. e. Reconstruct the developer's agreement cost and cash flow pro formas with refined assumptions. The ten-year analysis will describe estimated revenues, operating expenses and sales price at the end of the holding period. f. Using the above financial models, determine the appropriate amount of public subsidy necessary to provide the developer with a reasonable return taken by developers in the current market. (See Exhibit A as example.) g. Identify financing options for providing public subsidy 1) Tax-exempt public activity bonds 2) Tax-exempt private activity bonds 3) Taxable bonds 4) Direct loans h. Identify advantages and disadvantages to the various financing options 1) Risks to which the City is exposed 2) Impact on Moody's rating 3) Impact on developer's agreement 4) Project level of tax increment funds available for the project for each option based on current financial market conditions. i. Make recommendations on the level and structure of public subsidy for the project and elements of final development agreement. 2. Enter Discussions with Developer on Final Structure of Development Package a. Level, timing and structure of public subsidy b. Identify requirements for developer's agreement 5 - c. Minimum assessment agreement d. Construction period of project e. Final scope and timing of project development f. Developer commitments g. City commitments 3. Present Final Package for Approval by City Officials A final draft report will be prepared documenting the justification of and structure for financing of the public subsidy. 6- a, c u UP G O L LO O r a w L) G O i tp Lr. L a; a; m c a O S a, L > o as w C 1 3 O a: tU rc L S Lf) r— C tt Crl O CO co as 1 u r• G LvC. u L a; T cc a as U O u C L L G a K U r - V L tG ai a: Uj a G CO O a a0— c r a S It D ai L CLh a>0) z a, Q c a a, . G E r C 0 N Lul u C 3 O La;^ t. 0CL 3¢C= is r -a r v. L v i d L c uaj ao S O r•+ o to a: z a w H 4F - IC W 4-1 Q I LR S Ln3 r-. a a, C •r+ Ln 2a>iIX G L N CL C t' ) O N L) L a, O u L r ar .-+ 4 a ti Q u O N t O O > O U) N L 1= d a, c u UP G O L LO O r a w L) G O i tp Lr. L a; a; m c a O S a, L > o as w C 1 3 O a: tU rc L S Lf) r— C tt Crl O NARRATIVE TO TIMELINE Following is a suggested schedule for Phase I and Il. We are prepared to meet any schedule requested by the HRA. TIMEFRAME Phase I October 23 Late October/early November One-two weeks later depending on number of proposals) Mid -November Phase II ACTIVITY HRA receives proposals from developer HRA and advisor meet to review methodology of analysis procedure and establish timeframe. Advisor presents written report to HRA Mid -late November - Advisor works with HRA staff to evaluate financial feasibility of projects. 1) HRA selects one developer 2) HRA selects two or three best development proposals Mid -late November - *Advisor and HRA meet to discuss need for subsidy or range of subsidy concept. if necessary, review need for 51% low/moderate units versus other options. Early December - Advisors and HRA make presentation to City Council for subsidy approval. HRA selects developer If a number of proposals result in projects of various sizes and needs which are all financially feasible, it may be beneficial for the HRA to select two or three of the best proposals and then establish a range of subsidies to meet the needs of the different projects proposed. mm TIMEFRAME ACTIVITY Early January - Advisor and HRA staff meet to establish criteria for developer's agreement. January - HRA and Advisor negotiate developer's agreement January -February - Advisors provide assistance to City and developer to secure financing for project. Tax increment financing or housing bonds) March -April - Construct project December 1988/January 1989 - Complete project BUDGET For the scope of services outlined in this proposal and for such additional services required to complete either or both Phase I and Phase Il but not listed in the foregoing, we shall be allowed fees to be determined as follows: 1. Principals (actual time in office or in consultation); per hour/per person 2. Manager/Associate 95.00 75.00 3. Para -professional, assistant account executive, computer specialist (actual time in office or in consultation); per hour/per person 47.50 4. Secretarial and clerical work; per hour/per person 22.80 5. Travel expense (company personnel to and from our office by most direct highway route); per mile 25 6. Printing, photocopy or other reproduction of documents, special messenger service, long distance telephone At cost The professional services outlined in this proposal will be performed at a price not to exceed $1,000 for Phase I. Services outlined for Phase II will be performed at a price not to exceed $3,500. 9- PROJECT TEAM Ehlers and Associates, Inc. will be responsible for coordinating the consulting services under the terms of this proposal. In addition, Ehlers and Associates will provide the analysis for the need and amount of any public subsidy required, including projection of tax increment financing. Ehlers Capital and Development, Inc., a subsidiary of Ehlers and Associates, Inc., will review the various options available to structure both private or public subsidies, developer contract requirements and negotiations with the developer. Key Ehlers and Associates and Ehlers Capital personnel on this project include: Steve Apfelbacher Mr. Apfelbacher will oversee the consulting activities for this proposal. He will participate in all phases of the project. He has over 15 years' experience with government in the area of urban development public finance. Previous experience includes three terms as an elected official to a Twin Cities community with a population of 25,000, Executive Director of the HRA for a $12 million redevelopment program for South St. Paul, MN and responsibility for the creation and management of the public sector financing for over sixty tax increment districts in Minnesota and Wisconsin. As Executive Director of the South St. Paul HRA he was responsible for 262 units of elderly housing, 150 units of Section 8 rental housing, and ran the Community Development Program with a budget of over $5,000,000. Jeanne Frederick Ms. Frederick will work with Mr. Apfelbacher in developing and analyzing the alternatives for structuring public assistance for the various development projects. Ms. Frederick has seven years' experience in municipal government and finance. During her four years at Ehlers and Associates Ms. Frederick has been responsible for the development and implementation of financing programs for cities, municipal utilities and school districts. Ms. Frederick also has extensive experience assisting cities in the establishment of tax increment districts. She has been responsible for the structure and implementation of tax increment financing for various public improvements as well as for projects involving public assistance for commerical and industrial developments. Prior to joining Ehlers and Associates, Ms. Frederick worked for the City of Dubuque, Iowa. As Associate City Planner, she was responsible for evaluating and structuring city participation in both housing and commercial/office redevelopment projects. Mike Grossman Mr. Grossman will also assist in the consulting activities for this project. Along with providing assistance in the development and analysis of various options for public subsidies, in particular housing bonds, he will be primarily responsible for the developer contract requirements and negotiations with the developer(s). Mr. Grossman has ten years of experience in corporate and public finance. He has worked with numerous companies, developers and cities in structuring and placing the financing for housing and commercial real estate projects. During this period, he has financed over 450 units of elderly housing in the Twin Cities and other Midwestern communities. STEVEN F. APFELBACHER SENIOR VICE PRESIDENT PUBLIC FINANCE EXPERIENCE Steve Apfelbacher has over 15 years in public finance work. His public finance experience include tax increment development, projections, and financings; advance refundings; pure revenue financing; cash flow analysis; short term cash flow financing; debt defeasance; development of capital improvement programs; municipal budgeting; referendums for capital expenditures; program administration; tax impact analysis and presentation; lease back financing of municipal buildings; bond fund or working capital investment programs; successful funding of federal and state grant applications; and securing private financing for private developers. This experience has aided numerous cities, counties, sanitary districts, and school districts in undertaking successful projects for highway, health care, electrical, storm sewer, wastewater treatment, water, solid waste, public building, airport, urban renewal downtown development/redevelopment, housing, recreational and industrial development facilities. These projects may have incorporated any combinations of project revenues including special assessments, user charges, tax increment revenues, general property tax levy, state or federal payments, special property tax levy, contract revenues, and special revenue charges. EXPERIENCE 1971 to 1976 - Secondary teacher for St. Paul Schools. Elected three terms to the South St. Paul, Minnesota City Council and selected Finance Chairperson and City Council President. 1976 to 1979 - Director of Development, Executive Director of the Housing & Redevelopment Authority (HRA), and Executive Director of the Economic Development Authority (EDA) for the City of South St. Paul in a $12 million development/redevelopment and housing program. 1979 to present - Joined Ehlers and Associates, Inc. 12 - EDUCATION Bachelor of Science; University of Minnesota - Minneapolis, Minnesota Program: Major: Economics Minor: Social Sciences Graduate Work: University of Minnesota - Minneapolis, Minnesota College of St. Thomas - Saint Paul, Minnesota Program: Public Administration OUTSTANDING ACHIEVEMENTS Outstanding Young Man for South St. Paul 1976 Honored in 1978 Edition Outstanding Young Man of American Midwest Edition 1979 Edition of Distinguished and Outstanding Personalities of the West and Midwest AFFILIATIONS Municipal Treasurers Association of Wisconsin Wisconsin Municipal Finance Officers Association National Council for Urban Economic Development National League of Cities National Association of Housing & Redevelopment Officials Minnesota League of Cities MWE JEANNE FREDERICK VICE PRESIDENT RESPONSIBILITIES Public finance consultant to Minnesota and Iowa clients. PUBLIC FINANCE EXPERIENCE Since joining Ehlers and Associates, Inc., Ms. Frederick has worked on capital financing programs for sewage treatment systems, water treatment and storage facilities, street improvement programs and city tax increment financings. She has also worked on school building projects, school district cash flow financings, city tax increment financings and advance refundings. Prior to joining the Ehlers' staff, Ms. Frederick gained three years' experience in public finance at the local government level with the City of Dubuque, Iowa. As Associate City Planner in the Department of Community Development, Jeanne was responsible for financial analysis and program evaluation and development. EDUCATION Master of Arts, Harvard University -- Cambridge, Massachusetts Program: Urban Planning & Policy Analysis Specialization: Public Finance Bachelor of Arts, Cornell College -- Mt. Vernon, Iowa Majors: Political Science, Sociology Honors: Phi Beta Kappa, Magna Cum Laude 14 - MICHAEL P. GROSSMAN ECONOMIC DEVELOPMENT ADVISOR Public Finance Experience Prior to the formation of Ehlers Capital and Development, Inc., Mr. Grossman worked for the Department of Trade and Economic Development where he was a Business Finance Specialist. As part of his responsibilities in this position, he analyzed and determined the financial feasibility of numerous projects and structured and secured the public financing portion of many of them. His experience includes a firsthand working knowledge of all Minnesota and most federal financing programs, such as FHA, UDAG, tax-exempt bond pools and others. He has a particularly strong knowledge of tax-exempt housing bond financing having been in the employment of Piper Jaffray & Hopwood's Public Finance Department where he worked primarily on the financing of multi -family housing and commercial real estate projects. Experience 1977-1981 Fixed Income Trader and Underwriter for Dain, Kalman & Quail 1981-1984 Vice President for Minnesota Cooperation Office, a business development company involved in venture capital related activities. 1984-1986 Investment Banker for Piper, Jaffray & Hopwood Public Finance Department 1986-1987 Business Finance Specialist for the Department of Trade and Economic Development 1987 to present Formed Ehlers Capital and Development, Inc. Education Master of Business Administration, University of Minnesota, Minneapolis. Specialization in Finance and Marketing Bachelor of Arts, Carleton College, Northfield, MN. Major: Economics. Chartered Financial Analyst (CFA) 15 - EHLERS AND ASSOCIATES RELATED EXPERIENCES CITY OF PLYMOUTH: Responsible for the creation of seven tax increment districts. Carlson's Minneapolis Industrial Park: Services included creating the tax increment district, assisting the City in negotiating a developer agreement, structuring and selling $7 million G. O. Tax -Exempt Tax Increment Bonds. The Bonds were guaranteed by Carlson Company through a surety bond issued by St. Paul Companies. Ryan Construction ITT Insurance Building at County Road 18 & Highway 55: Services included creating the tax increment district, assisting the City in negotiating the developer's agreement, structuring and selling $2,175,000 Taxable Tax Increment Bonds. The Bonds were guaranteed by the developer who agreed to be special assessed for 100% of the project. The sale was the first successful competitive sale of taxable bonds in Minnesota. Norwest Business Campus: Services include updated projections of the $3,900,000 G. O. Tax -Exempt Tax Increment Bonds. CITY OF SOUTH ST. PAUL: Services have included updating projections and implementing the City's 1973 Tax Increment Districts and selling $3,000,000 G. O. Tax -Exempt Tax Increment Bonds to finance redevelopment projects. Have examined financing options for other redevelopment projects including the removal of the 2,000,000 square foot Armour & Co. industrial complex. Contact Person: Mr. James Cosgrove, City Coordinator City Hall 125 Third Avenue North South St. Paul, MN 55075 451-2787 16- CITY OF FALCON HEIGHTS: Responsible for the creation of four tax increment districts. Retail Shopping Complex: Services included creation of a redevelopment tax increment district for a 40,000 square foot retail shopping complex and negotiations of a developer agreement. The City subsidy included a $800,000 G. O. Tax -Exempt Tax Increment Bond. Industrial/Housing Project: Services included creating a development district to provide a public subsidy for the construction of a new industrial building for Hewlett Packard and a 50 -lot residential subdivison. Projects were financed with $1.4 million G. O. Tax -Exempt Improvement and Tax Increment Bonds. Office Park: Assisted in creating a development district to provide a public subsidy for the construction of seven individual office buildings and in negotiating the developer's agreement. Public subsidies were financed with the sale of $745,000 G. O. Tax -Exempt Tax Increment Bonds. Condominium Housing Project: Created a housing district to promote construction of a 100 -unit apartment complex with a market value of over $8 million and negotiated the developer's agreement. Public subsidies were financed with the sale of $1.3 million G. O. and Tax -Exempt Tax Increment Bonds. Contact Person: Janet R. Wiessner City Administrator/Clerk-Treasurer City Hall 2077 West Larpenteur Avenue Falcon Heights, MN 55113 644-5050 CITY OF COTTAGE GROVE: Responsible for the creation of three tax increment districts. Industrial Park: Assisted in creating a development district to provide a public subsidy for the reuse of the vacant Whirlpool building. Housing: Created two tax increment districts and negotiated the developer's agreement to provide a public subsidy to promote housing for low or moderate income persons. Contact Person: Carl F. Meissner, City Clerk -Administrator City Hall 7516 - 80th Street South Cottage Grove, MN 55016 458-2800 17 - CITY OF SPRING PARK, MN: Acted as City consultant to review developer's proposal for the construction of elderly congregate housing. Reviewed the developer's pro forma and competitively sold $1,995,000 Taxable Tax Increment Bonds to finance the public subsidy. Contact Person: Ms. Pat Osmonson, City Administrator -Clerk City Hall Box 452 Spring Park, MN 55384 471-9051 CITY OF CEDAR FALLS, IOWA: Acted as consultants to the City to review the developer's proposal for the construction of an elderly housing project with 20% of the units subsidized for low income households. Analyzed the developer's pro forma, negotiated the developer's subsidies and structured the City's participation. Contact Person: Douglas Sharp, Mayor City Hall 220 Clay Street Cedar Falls, IA 50613 319) 277-4166 CITY OF NEW ULM, MN: Currently acting as consultants to the City to review developer's proposal for construction of a small regional retail center. Our review will include an analysis of the developer's pro forma, negotiation of the developer's subsidy and structuring of the City's participation. Contact Person: Mr. Richard Salvati, City Manager City Hall 100 North Broadway New Ulm, MN 56073 OUTSIDE TWIN CITIES METROPOLITAN AREA: Responsible for the creation and implementation of over 45 tax increment districts including the projections of tax increment revenues, negotiations of developers' agreements, financing the public subsidy and annual updated projections. 0353P 18- CEDAR FALLS RESIDENTIAL CONVERSION 27 -Aug -87 11:34 AM Equity: Total Required Equity 576.4 Western Nome Equity 250.0 • Ltd. Ptnr. Equity 326.4 EXHIBIT A ALTERIATI%E cm CED29CV.WK1 29 Units AssLr es all depreciation i credits can be used in the year generated. Basic Proj Cost excl.WCRes. 1,393.3 * Work.Cap.Res. 23.1 Project Cost /w WCRes.: 1,416.4 ITC: 108.0 * Subsidy: 200.0 * Effectiv.Proj.Cost less any subsidy) 1,216.4 Total Acq. Cost: 140.0 * Land Acq. Cost: 23.5 * SL Deprc. Tenn: 27.5 * FINANCE DATA Interest Rate: 10.00X* Amort.Period in Tr 30 * k Factor: 0.1053 Debt Coverage Rati 1.15 * A-1 Western Mortgage: Interest Only Interest Rate: 4.00X* Amount: 0.0 * Mortgage based on Tr. 3 N01. First Mortgage: Max.Mort. 639.0 640.0 Loan / Cost: 0.46 A-2 ALTERNATIVE ONE Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Table 1 OCCUPANCY t RENT SCMDEDUIE Subsidized Rents rears from Number of Units: 1987 to Efficiency 1 1 1 1 1 1 1 1 1 1 Year 1: 1 Bedroom 3 3 3 3 3 3 3 3 3 3 2 2 Bedroom 2 2 2 2 2 2 2 2 2 Occupied Units: Efficiency 1 1 1 1 1 1 1 1 1 1 1 Bedroom 2.9 2.9 2.9 2.9 2.9 2.9 2.9 2.9 2.9 2.9 2 Bedroom 2 2 2 2 2 2 2 2 2 2 Overall Occupancy Rate 98.3% 98.3% 98.3% 98.3% 98.3% 98.3% 98.3% 98.3% 98.3% 98.3 987 Rents: Unit Rents: 292.00 3.00% Efficiency 1309.78 319.08 5328.65 5338.51 5348.66 359.12 369.90 5380.99 1392.42 604.20 365.0^ 3.00% 1 Bedroom 387.23 398.85 410.81 423.14 435.83 448.90 462.37 476.24 490.53 505.25 430.00 3.00% 2 Bedroom 456.19 469.87 483.97 498.49 513.44 528.85 544.71 561.05 577.88 595.22 Gross Rent Revenue 28.6 29.5 30.3 31.3 32.2 33.2 34.2 535.2 36.2 37.3 Less: Vacancy 0.5 0.5 0.5 0.5 0.5 0.5 0.6 0.6 0.6 0.6 Effective Gross Income 28.1 29.0 29.9 30.8 31.7 32.6 33.6 34.6 35.6 36.7 Market Rents N urber of Units: Efficiency 2 2 2 2 2 2 2 2 2 2 1 Bedroom 10 10 10 10 10 10 10 10 10 10 2 Bedroom 11 11 11 11 11 11 11 11 11 11 Occupied Units: Efficiency 1 1 2 2 2 2 2 2 2 2 1 Bedroom 8 9 9.5 9.5 9.5 9.5 9.5 9.5 9.5 9.5 120.00X• 2 Bedroom 8 9 10 10 10 10 10 10 10 10 Of subsidized Overall Occupancy Rate 73.9% 82.6% 93.5% 93.5% 93.5% 93.5% 93.5% 93.5% 93.5% 93.5 1987 Rents: Unit Rents: 350.40 3.00% Efficiency 371.74 382.89 394.38 406.21 418.40 430.95 443.88 457.19 470.91 485.04 438.00 3.00% 1 Bedroom 464.67 478.61 492.97 507.76 522.99 538.68 554.85 571.49 588.64 606.29 516.00 3.00% 2 Bedroom 547.42 563.85 580.76 598.19 616.13 634.61 653.65 673.26 693.46 714.26 Gross Rent Revenue 136.9 141.1 145.3 149.6 154.1 158.8 163.5 168.4 173.5 178.7 Less: Vacancy 35.3 23.9 9.9 10.2 10.5 10.8 11.2 11.5 11.9 12.2 Effective Gross Income 101.6 117.2 135.4 139.4 143.6 147.9 152.3 156.9 161.6 166.5 A-2 A-3 ALTERNATIVE ONE Gross Rent Revenue 5165.5 5170.5 5175.6 5180.9 5186.3 191.9 5197.7 5203.6 5209.7 5216.0 Less: Vacancy 535.8 524.3 10.4 510.7 511.1 11.4 511.7 512.1 512.4 512.8 Effective Gross Income 5129.8 146.2 5165.2 5170.2 5175.3 5180.5 5185.9 5191.5 5197.3 5203.2 qg7 EXPENSES 21750 4.019X• utilities 23.5 24.5 25.4 26.5 27.5 28.6 29.8 31.0 32.2 33.5 12080 4.06X' Insurance 13.1 13.6 14.1 14.7 15.3 15.9 16.5 17.2 17.9 18.6 1200 4.005' Trash Collection 1.3 1.3 1.4 1.5 1.5 1.6 1.6 1.7 1.8 1.8 500 4.M% Snow Removal 0.5 0.6 0.6 0.6 0.6 0.7 0.7 0.7 0.7 0.8 9670 4.00,X• Custodial t Maintenance 10.5 10.9 11.3 11.8 12.2 12.7 13.2 13.8 14.3 14.9 1500 4.O% Supplies 1.6 1.7 1.8 1.8 1.9 2.0 2.1 2.1 2.2 2.3 5000 4.M% Elevator/HVAC Maint. 5.4 5.6 5.8 6.1 6.3 6.6 6.8 7.1 7.4 7.7 REGI S.=* Management Fee 6.5 7.3 8.3 8.5 8.8 9.0 9.3 9.6 9.9 10.2 1000 4.110% License,Fee,Mertberships 1.1 1.1 1.2 1.2 1.3 1.3 1.4 1.4 1.5 1.5 1800 4.00X` Window Washing 1.9 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 1000 4.MX Accounting 1.1 1.1 1.2 1.2 1.3 1.3 1.4 1.4 1.5 1.5 1200 4.00X* Security/Activity Serv. 1.3 1.3 1.4 1.5 1.5 1.6 1.6 1.7 1.8 1.8 1200 4.110X• Miscellaneous 1.3 1.3 1.4 1.5 1.5 1.6 1.6 1.7 1.8 1.8 3636 0.00% Property Taxes 3.6 3.6 3.6 3.6 3.6 3.6 3.6 3.6 3.6 3.6 7000 4.00% Replacement Reserve 7.6 7.9 8.2 8.5 8.9 9.2 9.6 10.0 10.4 10.8 rr. 11 Total Expense 80.3 83.9 87.8 91.1 94.5 98.1 101.8 105.6 109.6 113.7 Prop.Tax: 17000 Net Operating Income 49.4 62.2 77.4 79.1 80.8 82.5 84.2 85.9 87.7 89.5 Debt Service: First Mortgage 67.4 67.4 67.4 67.4 67.4 67.4 67.4 67.4 67.4 67.4 Western More loan 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Pref. Rate: Before-Tax Cash Flow 18.0) 5.2) 10.0 11.7 13.4 15.1 16.8 18.5 20.3 22.1 Working Capital Disbur. 18.0 5.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.00% Adjusted B.T. Cash Flow 0.0 0.0 10.0 11.7 13.4 15.1 16.8 18.5 20.3 22.1 6.Ptnr.Rate: 8.00% Preferred Distributions: Ltd.Ptnrs.(1st Pref.) 0.0 0.0 10.0 11.7 13.4 15.1 16.8 18.5 19.6 19.6 Western Home Gen.Ptnr. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 2.5 Based on share of Remaining Distribution: equity Total Remaining 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Ltd.Ptnrs. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Sun of neg. btcf Western Mone Gen.Ptnr. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 for 1st 2 Sears: 23.1) A-3 P%L1L zuvr .L1 VL upjrL Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 A-4 AFTER-TAl( RETURN wonres. deprc _ eff prj cost Cash Flow 0.0 0.0 10.0 11.7 13.4 15.1 16.8 18.5 20.3 22.1 total land Add: Principal 27.8 6.5 7.1 7.9 8.7 9.6 10.6 11.8 13.0 14.3 ITC-WCRes.) less: Depreciation 38.6 38.6 38.6 38.6 38.6 38.6 38.6 38.6 38.6 38.6 27.5 SL Taxable Income (loss) 10.8) 32.1) 21.5) 19.1) 16.5) 13.9) 11.2) 8.3) 5.3) 2.2 35.00% less: Income Taxes 235% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 j Add: Tax Savings 2 35% 3.8 11.3 7.5 6.7 5.8 4.9 3.9 2.9 1.9 0.8 Add: Credits ITC - REHAB 2 10% 108.0 ITC - low Income 19.6 19.6 19.6 19.6 19.6 19.6 19.6 19.6 19.6 19.6 After-Tax Cash Flow 131.4 30.9 37.1 37.9 38.7 39.5 40.3 41.1 41.8 42.4 After -Tax Distributions: Limited Partners Before -Tax Cash Flows 0.0 0.0 10.0 11.7 13.4 15.1 16.8 18.5 19.6 19.6 After -Tax Tax Savings 2.1 6.4 4.3 3.8 3.3 2.8 2.2 1.6 1.1 0.4 Dist.Shares Tax Credits 72.3 11.1 11.1 11.1 11.1 11.1 11.1 11.1 11.1 11.1 L.P.s: 56.63% less: Income Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 G.P.: 43.37% less: Equity Contrib. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 ltd. Partners Total 74.4 17.5 25.3 26.5 27.7 28.9 30.1 31.3 31.7 31.1 General Partner Before -Tax Cash Flows 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 2.5 Tax Savings 1.6 4.9 3.3 2.9 2.5 2.1 1.7 1.3 0.8 0.3 Tax Credits 55.3 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 Less: Income Taxes 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Less: Equity Contrib. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 General Partner Total 57.0 13.4 11.8 11.4 11.0 10.6 10.2 9.8 10.0 11.3 Cash on Cash Return: Limited Partners 0.0% 0.0% 3.1% 3.6% 4.1% 4.6% 5.1% 5.7% 6.0% 6.0 General Partner 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.3% 1.0 A-4 A-5 ALTERNATIVE ONE Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Effective Project Cost 1,216.4 1,216.4 1,216.4 1,216.4 1,216.4 1,216.4 1,216.4 1,216.4 1,216.4 1,216.4 Initial Mortgage Amount 640.0 640.0 640.0 640.0 640.0 640.0 640.0 640.0 6.40.0 640.0 Req. Equity Western Nome Loan 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 includes neg. BTCF: Required Total Equity 576.4 576.4 576.4 576.4 576.4 576.4 576.4 576.4 576.4 576.4 23.1) Cum. Principal 27.8 34.2 41.4 49.3 58.0 67.6 78.3 90.0 103.0 117.3 Mortgage Balance 612.2 605.8 598.6 590.7 582.0 572.4 561.7 550.0 537.0 522.7 Cap Rate (#*.iW%) 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.00% 10.OQ% 10.00% 10.00 SALES PRICE 622.2 773.9 790.6 807.5 824.6 841.9 859.4 877.0 894.8 854.8 Sales Expns. a 6% 37.3 46.4 47.4 48.5 49.5 50.5 51.6 52.6 53.7 51.3 Amt. Realized//MSP 584.9 727.5 743.2 759.1 775.2 791.4 807.8 824.4 841.1 803.6 Initial Adj. Basis: Eff.Prj.Cost-WCRes) 1,193.3 1,193.3 1,193.3 1,193.3 1,193.3 1,193.3 1,193.3 1,193.3 1,193.3 1,193.3 Less:Cun.Depreciation 38.6 77.2 115.8 154.4 193.0 231.7 270.3 308.9 347.5 386.1 Both 10ULorinc Less:Rehab. Credit 108.0 108.0 108.0 108.0 1D8.0 108.0 108.0 108.0 108.0 108.0 Final Adj. Basis 1,046.7 1,008.0 969.4 930.8 892.2 853.6 815.0 776.4 737.8 699.2 Capital Gain 461.8) 280.6) 226.2) 171.7) 117.1) 62.2) 7.2) 48.0 103.4 104.4 35.00% Capital Gain Tax 2 35% 0.0 0.0 0.0 0.0 0.0 0.0 0.0 16.8 36.2 36.5 Before -Tax Equity Rev. 27.4) 121.7 144.6 168.4 193.2 219.0 246.1 274.4 304.1 280.9 After -Tax Equity Rev. 27.4) 121.7 144.6 168.4 193.2 219.0 246.1 257.6 268.0 244.4 A-5 ALTERNATIVE ONE i TOTAL BEFORE -TAX INVESTMENT RETURN: YEAR 1 2 3 4 5 6 7 8 9 10 0 (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4 1 (27.4) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2 121.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3 154.6 10.0 10.0 10.0 10.0 10.0 10.0 10.0 4 180.0 11.7 11.7 11.7 11.7 11.7 11.7 5 206.5 13.4 13.4 13.4 13.4 13.4 6 234.1 15.1 15.1 15.1 15.1 7 262.9 16.8 16.8 16.8 e 293.0 18.5 18.5 9 324.4 20.3 10 303.0 BTIRR ERR -54.0% -35.5% -24.5% -17.3% -12.3% -8.8% -6.1% -4.0% -3.7 TOTAL AFTER-TAX INVESTMENT RETURN: YEAR 1 2 3 4 5 6 7 8 9 10 0 (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4) (576.4 1 104.0 131.4 131.4 131.4 131.4 131.4 131.4 131.4 131.4 131.4 2 152.6 30.9 30.9 30.9 30.9 30.9 30.9 30.9 30.9 3 181.7 37.1 37.1 37.1 37.1 37.1 37.1 37.1 4 206.3 37.9 37.9 37.9 37.9 37.9 37.9 5 231.9 38.7 38.7 38.7 38.7 38.7 6 258.6 39.5 39.5 39.5 39.5 7 286.4 40.3 40.3 40.3 8 298.7 41.1 41.1 9 309.7 41.8 10 286.8 ATIRR ERR -35.9% -20.5% -11.4% -5.7% -1.8% 0.9% 2.4% 3.5% 3.7 TEN YEAR MOLDING PERIOD INVESTMENT RETURNS: Limited Partners General Partner BTCF ATCF BTCF ATCF YEAR 0 326.4) 326.4) 250.0) 250.0) 1 0.0 74.4 0.0 57.0 2 0.0 17.5 0.0 13.4 3 10.0 25.3 0.0 11.8 4 11.7 26.5 0.0 11.4 S 13.4 27.7 0.0 11.0 6 15.1 28.9 0.0 10.6 7 16.8 30.1 0.0 10.2 8 18.5 31.3 0.0 9.8 9 19.6 31.7 0.7 10.0 10 178.6 169.5 124.3 117.3 Total 42.7) 136.6 124.9) 12.5 IRR 1.6% 5.8% 6.7% 0.8% A-6 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: October 27, 1987 for City Council Meeting November 2, 1987 TO: City Manager James G. Willis FROM: Community Development Director Blair Tremere SUBJECT AMENDMENT OF DEVELOPMENT CONTRACT FOR PARKERS LAKE 2ND ADDITION (87006) SUMMARY: The attached Resolution amends the approval of the Final Plat and Development Contract consistent with the City Council discussion and direction at the October 26, 1987 meeting regarding the width of sidewalks. The City Council acted to amend the Contract to require only a 5 -ft. wide sidewalk rather than a 6 -ft. wide sidewalk and therefore not have the need for an oversize compensation to the developer. This action was tabled until the November 2, 1987 meeting. I have contacted the petitioner and have explained that we understand he would have no objection to this. The petitioner is aware of the Council consideration and if there are objections, we expect to hear from him prior to the meeting, or at least at the meeting. I have attached a copy of the Minutes of the June 22, 1987 meeting and a copy of the relevant page from the Development Contract; the Council asked that additional informa- tion be provided before they take final action. AttAnhmentc 1. Resolution 2. Council Minutes 3. Development Contract Excerpt 4. Correspondence 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 - AMENDING DEVELOPMENT CONTRACT FOR PARKERS LAKE 2ND ADDITION (87006) WHEREAS, the City Council on dune 22, 1987 approved a Final Plat and Development Contract for Parkers Lake 2nd Addition under Resolution No. 87-425; and, WHEREAS, Item 14.20 of the Development Contract required a 6 -ft. wide public sidewalk along the south side of 18th Avenue North; and, the reimbursement to the developer for an extra 1 ft. width over the City's standard of 5 ft.; and, WHEREAS, the City Council has reviewed the City Trail and Sidewalk standards and has concluded that the appropriate sidewalk width should be 5 ft. along the south side of 18th Avenue North with no reimbursement for additional width; and, WHEREAS, the petitioner has been notified by City staff of the City Council's finding and the intent to amend the Development Contract in this regard; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does direct that the Development Contract for Parkers Lake 2nd Addition be amended in part by substituting the following for Item 14.20: A 5 -ft. wide public sidewalk shall be constructed along the south side of 18th Avenue North. The developer is responsible for the cost to construct a 5 -ft. wide sidewalk and no credit is applied toward Park Dedication requirements, consistent with the City's Park Dedication Policy. FURTHER, be it resolved that the City staff is hereby directed to amend the plans submitted for this development to reflect a 5 -ft. wide sidewalk rather than a 6 -ft. wide sidewalk. 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. y June 22, 1987 Page 180 Motion to amend carried, three ayes. Councilmembers Sisk and Zitur abstained. Motion as once amended carried, three ayes. Councilmembers Sisk and Zitur abstained. MOTION was made by Mayor Schneider, seconded by Councilmember Vasiliou, that granting the variance could have a negative im- pact upon the natural wildlife and wetlands in the area. Motion carried, three ayes. Councilmembers Sisk and Zitur ab- stained. MOTION was made by Councilmember Crain, seconded by Councilme ber Vasiliou, to clarify the resolution finding about un ir- able precedent by noting that the applicant has not omplied with the provisions of Section 500.41 of the City Co Councilmember Crain stated variances have be granted in the past but the lots had more significant and ique circumstances and hardships. MOTION was made by Mayor Schneide , seconded by Councilmember Vasiliou, to amend the motion b adding that there is nothing unique on this property to jus fy reducing the Code standard of 18,500 sq. ft. for lots in e R1 -A District. Motion to amend carri , three ayes. Councilmembers Sisk and Zitur abstained. Motion as once a ended carried, three ayes. Councilmembers Sisk and Zitur ab st ned. MOTION was made by Councilmember Vasiliou, seconded by MayorSchneider, that financial hardship cannot be a consideration for granting a variance and does not justify the request. Motion carried, three ayes. Councilmembers Sisk and Zitur abstained. Director Moore stated there are three items from the development contract which haven't been resolved. He recommended the 5 ft. sidewalk width be accepted in condition #15. The developer would like to design their own street names and signs. He is recommending against this so the names and signs would conform to the City's grid system and the City could maintain and re- place them. In the past, no reference has been made with regard to reimburs- ing for watermain oversizing. The City's policy is that there may be oversizing in areas but it has not been addressed as to whether the City should reimburse. He recommends that the City approve oversizing for either 8 inch or 12 inch based on the footage which would be 950 ft. less than that installed. FINAL PLAT PARKERS LAKE 2ND ADDN. 87006) Item 7-C June 22, 1957 Page 181 The reduction is the difference between this plat and the one originally approved which had a more direct route for the water - main. Director Moore summarized the approved changes in the develop- ment contract which have been agreed to by City staff and the developer. Tom Bisanz, United Properties, stated they have no issue with staff, just points which they wanted to consider. Don Ringrose, engineer for Northland Land Co., stated the City's engineering manual has sidewalk requirements of 5 ft. All their plans, therefore, show 5 ft. which has been approved and he asked that it be allowed to continue on that basis. They raised the subject of oversizing in previous meetings and they assumed that it was the City's policy to credit the developer for oversizing. He's been told, however, that the City would follow the original City of Minneaplis agreement which did not give credit for oversizing. The project is going to pay more than its fair share to the water fund, therefore, he believes they should get the credit. Mayor Schneider pointed out that costly improvements would have to be installed to service this area with water and disagreed with the statement that they would be paying more than their fair share. Mr. Bisanz stated the innovative signage is the opportunity to create a package. They are a large developer and would be will- ing to sign an agreement to maintain the signs and purchase and provide any additional signs necessary to keep in stock for repair or replacement. He would like to submit the package for staff and Council review. Councilmember Vasiliou stated this site is a good one to make a statement, however, she has a real concern with signage setting a precedent for other developers. Director Moore stated the State's sign manual didn't allow them to change the sign materials. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Crain, to adopt RESOLUTION NO. 87-425 APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR PARKERS LAKE 2ND ADDITION (87006) MPUD 83-1). MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, to amend the development contract to show that the City will pay for oversizing up to 3,265 ft. of trunk watermain. Motion carried, five ayes. RESOLUTION NO. 87-425 FINAL PLAT, P RKERS LAKE 2ND ADDN. 87006) Item 7-C Paye 182 MOTION was made by Councilmember Crain, seconded by Councilmem- ber Zitur, that the developer submit a sign package for Council review. Councilmember Zitur stated he would like to see the package. Councilmember Crain stated he would like to give them the oppor- tunity to present what it would look like and how it would be maintained. Councilmember Sisk stated he could not support this because other developers would want to make their statement with their own types of signs. Councilmember Vasiliou agreed and stated she doesn't know how the City could, in the future, decide who would receive designer signage. She stated she would like input from the Public SafetyDepartment. Motion failed, two ayes. Mayor Schneider and Councilmembers Sisk and Vasiliou voted nay. Director Moore stated there are 5 ft. widewalks in other parts of the City. Because the City may need to maintain these in thefuture, he would recommend they be 6 ft. Councilmember Crain added that, because of the number of bikers and walkers in the Parkers Lake area, 6 ft. sidewalks would be required. MOTION was made by Mayor Schneider, seconded by CouncilmemberVasiliou, directing plans be changed to require 6 ft. sidewalks in all cases and that the development contract indicate that the City pay the incremental cost from a 5 ft. to a 6 ft. sidewalk between Niagara and Vicksburg Lanes on 18th Ave. Motion carried, five ayes. Motion as twice amended carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-426berCrain, to adopt RESOLUTION NO. 87-426 SETTING CONDITIONS TO SETTING CONDITIONSBEMETPRIORTOFILINGOFANDRELATEDTOFINALPLATFORPARKERSFINALPLAT, PARKERSLAKE2NDADDITIONFORNORTHLANDLANDCOMPANY (87006) (MPUD LAKE 2ND ADDN. 83-1). 87006) Motion carried on a Roll Call vote, five ayes. Item 7-C MOTION was made by Councilmember Vasiliou, seconded by MayorSchneider, directing staff to clarify the City policies and ordinance as they relate to sidewalks to indicate 6 ft. and to clarify the relationship between trails and sidewalks. Motion carried, five ayes. 14. Other Requirements (continued) 14.17 Driveway access shall be limited to internal public roads and restricted from Vicksburg Lane, County Road 6, and residential areas along Niagara Lane. 14.18 Final Plat Mylars shall refer to MPUD No. 83-1. 14.19 Public trail outlots shall be provided for the City with the Final Plat, in accordance with the Park Dedication Policy. The trails shall be developed at the time adjacent property develops. Consideration for building setback distances will be given at the time of Final Plat and take into account site design and landscaping. 14.20 A 6 foot wide public sidewalk shall be constructed along the South side of 18th Avenue North. The Developer is responsible for the cost to construct a S foot wide sidewalk and no credit is applied toward park dedication requirements. The City will reimburse the Developer for the cost of the extra one foot of width which is estimated to be $3,200. 14.21 The total numerical mid points of the density in all areas must equal 1,147 units. If a Final Plat is developed above or below the mid point of a density range included in this Preliminary Plat, then the density ranges in other areas must be changed so that the density of the land platted, plus the mid point of all other areas, equals the maximum number allowed -- 1,147 units. With each application for residential plan/plat approval, the petitioner shall submit an accounting of the number of units remaining, by the area, along with the number of units that have been developed. Any reduction or increase in the number of units from the established range and maximum number of units, shall require an Amendment to the Planned Unit Development. Similarly, each Final Plat request shall include a status report stating the level of sanitary sewer demand for all areas developed to date, and the balance of capacity remaining in this PUD. 14.22 Transition design detail shall be provided for the interface of industrial and residential uses; and, of residential and public park areas with the final plan/plats. DEVELOPMENT CONTRACT EXCERPT 14- UNITED PROPERTIES October 28, 1987 Mr. Blair Tremere Director of Community Development City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Parkers Lake Second Addition 18th Avenue North Sidewalk Width Dear Blair: 893-PROR WRITER'S DIRECT LINE In response to your letter dated October 27, 1987, a copy of which is attached, please be advised that we would accept an amendment to our development contract requiring that we construct a 5' wide sidewalk along the south side of 18th Avenue North in our Parkers Lake development. We understand, then, that no reimbursement by the City for the cost of the sidewalk would be required. Should you have any questions concerning this matter, please let me know. S' cerely, oma L. Bisanz Project Manager TLB/hn Attachment cc: Bill Burns with Attachment Tom Murray with Attachment Don Ringrose with Attachment Northland Executive Office Center/3500 West 80th Street/ Minneapolis, Minnesota 55431/(612) 831-1000 CITY Or PLYMOUTR October 28, 1987 Dear Task Force Member: The next meeting of the Recycling Task Force is scheduled for 7 p.m. on Tuesday, November 3 at the Plymouth City Center, 3400 Plymouth Blvd. We will meet in the large conference room. MEETING AGENDA 1. Focus of advertisements which are included in Recycling Promotion Plan 2. Details of weekly cash drawing 3. Heavy plastic recycling at Recycling Drop -Off Center Dick and I look forward to seeing you on Tuesday. Sincerely, Helen LaFave Communications Coordinator 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 October 27, 1987 Mr. Tom Bisanz Project Manager United Properties Northland Executive Office Center 3500 West 80th Street Minneapolis, MN 55431 RE Parkers Lake 2nd Addition Dear Mr. Bisanz: ECEtvED OCT 2 81987 UNITED PROPERTIES You may recall in dune, 1987, the City Council approved the Final Plat for Parkers Lake 2nd Addition. At your request, the City Council considered the width of the sidewalk along 18th Avenue North. The City staff recommended a 6 ft. width; you correctly indicated that the City sidewalk standard was 5 ft. The City Council adopted lanquage in the approval which was reflected in the executed Development Contract to the effect that 6 -ft. wide public sidewalks will be constructed along the south side of 18th Avenue North; you are responsible for the cost to con- struct a 5 -ft, wide sidewalk; and, the City will reimburse you for the cost of the extra 1 ft. of width which was estimated to be $3,200.00. The City Council subsequently directed research and study of the matter of sidewalks and trails and appropriate standards for each. Last night, the City Council concluded their deliberations and concluded that the City standards should remain. They also acted to amend the approval of your development so that only a 5 -ft. wide sidewalk would be required along the south side of 18th Avenue North. No oversize credit for the additional width would then be necessary and the approving Resolution and Development Contract would be appropriately revised. That action was tabled until the November 2, 1987 meeting so that appropriate file research could be provided and so that we could communicate to you their finding and intent. Public Works Director Fred Moore and I advised the Council that we could see no reason you would object to the Council's action since you had proposed a 5-f t. sidewalk in the first Dlace. I would like a written note from you confirming that, thereby, endorsing the amendment action that will be considered by the Council on November 2, 1196 7. The amendment would direct a change to Item 14.20 of your Development Contract. 6 17P _)! 11 /A c,n o! vp, .^! ITu Nl.!p!NIESC) ^5e 7 Te_=-O' NzE (612) `59-2Rrn r Page two Mr. Tom Bisanz United Properties October 27, 1987 It is not required that you attend the Council meeting unless you have an objection to this. I would appreciate hearinq from you as soon as possible this week. Thank you for your cooperation. Sincerely Blair Tremere, Director Community Development BT/gw cc: File 87006 Public Works Director Fred Moore