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*
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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
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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.
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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
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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.
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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
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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
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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
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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-
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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