HomeMy WebLinkAboutCity Council Packet 08-17-1987NK
9
CITY OF PLYMOUTH
A G E N D A
REGULAR COUNCIL MEETING
AUGUST 17, 1987
CONSENT AGENDA
All items listed with an asterisk (*) are considered to be routine by the
City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a Councilmember or citizen so requests, in
which event the item will be removed from the consent agenda and considered
in normal sequence on the agenda.
FORUM
7:00 P.M.
1. CALL TO ORDER 7:30 P.M.
2. INVOCATION
3. ROLL CALL
4. PRESENTATION - Wayzata School District Officials
regarding their September 15 General and Special Fund
Operating Levy Referendum
5. CONSENT AGENDA
6. MINUTES - Approval of Minutes of the Regular Council
meeting of August 3, 1987
7. PUBLIC HEARING
A. Vacation of street right-of-way and drainage and
utility easements in Lake Camelot Estates Addition
B. Vacation of utility and drainage easement, Lot 3,
Block 1, Berg 2nd Addition
8. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Request for gambling license, Ducks Unlimited
B. Receive petition and approve "No Parking, School
Days" on 5th Avenue west of Ranchview Lane
C. Receive petition for street lighting in Wind Ridge
at Bass Lake 6th Addition and order preliminary
engineering report
49 8. PETITIONS, REQUESTS AND COMMUNICATIONS
D. Request for a Conditional Use Permit Renewal for
Children's Learning Center at St. Mary of the Lake
Church (86087)
E. Receive petition for improvement of Revere Lane
south of 45th Avenue in Ginger Creek Addition,
Project 517. Receive petition and defer action
until development contract is signed
F. Reduction of Site Performance Agreements and
Financial Guarantees:
1) Parkside at Medicine Lake located at 12105
41st Ave. (A-338)
2) Ryan Construction Co. located at 5095 Nathan
Lane (86144)
3) Chesley F. Carlson Co. located at 2700 Campus
Drive (85137)
4) Stuart Corporation for Summer Place
Apartments located at 15300 37th Ave. (86104)
G. Release of Site Performance Agreements and
Financial Guarantees:
1) Artograph located at 13205 16th Ave. (86038)
2) C.O.M.B. Co., located at 1405 Xenium Lane
87041)
3) Reynolds Construction, Inc. for Perkins
Restaurant at 2945 Empire Lane (86101)
H. Licenses:
1) Cigarette license
2) Taxi Drivers
9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Ordinance amendments:
1) Temporary on -sale malt liquor licenses
2) Updating all statutory references
B. Report clarifying ordinance and policy provisions
for trails and sidewalks
C. Report on questions used to evaluate Land Use
Guide Plan Amendment Proposals Plan
10. ADOOURNNENT
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
ITiI*Kel
DATE: August 13, 1987
TO: Mayor and City Council
FROM: Frank Boyles, Assistant City Manger
SUBJECT PRESENTATION: WAYZATA SCHOOL BOARD OFFICALS REGARDING THEIR
SEPTEMBER 15, 1987 GENERAL AND SPECIAL FUNDS OPERATING LEVY
SUMMARY: Representatives of the Wayzata School District No. 284 will
be present at the Council's August 17 meeting to provide a five-minute
overview of the general and special fund operating levy referendum
which will be conducted on September 15, 1987. This 9.97 mill levy
is intended to replace the existing 6.37 mill levy while concurrently
offsetting state funding lost through the recent legislative
equalization which resulted in a 2.5 mil reduction to the Wayzata
School District. The levy would produce 4.57 million dollars the
first year and would have an eight year lifespan.
FB:kec
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: July 23, 1985
TO: James G. Willis, City Manager
FROM: Richard J. Carlquist, Public
SUBJECT Goose Management Program
Safety Director C
I received a call today from a resident whose property abuts Bass Lake, The
resident, Marc Anderson, informed me that there its a problem with the large
number of geese that make Bass Lake their summer -home. He said that there
used to be a handful of geese on the lake; but. -at a recent count this year,
he observed 116 geese. Mr. Anderson indicated that the geese population has
rEached in his opinion, a level being a public nuisance.
At Mr. Anderson's suggestion, I contacted a Roger Johnson, who is employed
by DNR. I talked with Mr. Johnson and he informed me that numerous
communities including Golden Valley and Piew Brighton have entered into a
Goose Management Program. Mr. Johnson said that a Dr. Jim Cooper from the
University of Minnesota, 373-1722, is the person who has been hired as a
consultant to assist in setting up these programs. Apparently, Dr. Cooper
does the trapping of the geese at the critical time of the year when they
cannot fly. This is usually sometime during the middle of June to the first
of July. Since there is a cost involved in this program, i.e, consultant, I
thought that you would want to be aware of it prior to any final budget
deliberations.
I personally have not received any other comol}aints on the goose problem in
Plymouth. However, if other department heads are aware of citizen complaints,
perhaps we could discuss this matter at a future ?Monday morning staff meeting.
In order to appropriately address the issues involved, announcements, oublic
meetings, and appropriate legal help may be necessary. The long and short of
it is simply that it is too late this year to effectively limit the noose
population in Plymouth. However. if this perceived problem appears to be a real
one, then sometime this winter would be an excellent time to cross the aporopriat
hurdles, and be in place when the molting time: -of the year occurs.
RJC:tsw
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: July 23, 1985
TO: James G. Willis, City Manager
FROM: Richard J. Carlquist, Public Safety Direct,
SUBJECT Goose Management Program
I received a call today from a resident whose property abuts Bass Lake. The
resident, Marc Anderson, informed me that there its a problern with the large
number of geese that make Bass Lake their summer -home. He said that there
used to be a handful of geese on the lake; but. -at a recent count this year,
he observed 116 geese. Mr. Anderson indicated that the geese population has
reached in his opinion, a level being a public nuisance.
At Mr. Anderson's suggestion, I contacted a Boger Johnson, who is employed
by DNR. I talked with Mr. Johnson and he informed me that numerous
communities including Golden Valley and Clew Brighton have entered into a
Goose Management Program. Mr. Johnson said that a Or. Jim Cooper from the
University of Minnesota, 373-1722, is the person who has been hired as a
consultant to assist in setting up these programs, apparently, Dr. Cooper
does the trapping of the geese at the critical time of the year when they
cannot fly. This is usually sometime during the middle of June to the first
of July. Since there is a cost involved in this program, i.e, consultant, I
thought that you would want to be aware of it prior to any final budget
deliberations.
I personally have not received any other compla-ints on the goose problem in
Plymouth. However, if other department heads are aware of citizen complaints,
perhaps we could discuss this matter at a future ?Monday morninq staff meeting.
In order to appropriately address the issues involved, announcements, oublic
meetings, and appropriate legal help may be necessary. The long and short of
it is simply that it is too late this year to -effectively limit the goose
population in Plymouth. However, if this perceived problem appears to be a real
one, then sometime this winter would be an excellent time to cross the aporooriat
hurdles, and be in place when the molting time: -of the year occurs.
RJC:tsw
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 13, 1987
TO- Mayor & City Council
FROM: Frank Boyles, Assistant City Manager
SUBJECT AUGUST 17 PLYMOUTH FORUM
Attached is a letter from the Cimarron Ponds Homeowners Association
President Lynne Taylor expressing concern about the geese problems in
Plymouth and indicating that a group of Association representatives
will be attending the August 17 Plymouth Forum. The Association is
requesting that their private property be included in any City geese
control efforts in 1988. Attached to this letter, is a letter from
Mr. James Cooper, Associate Professor at the University of Minnesota,
who operates a Goose Population Program. Also attached is the City
Manager's response to the Homeowner Associaton's original letter. As
a final attachment, I have included a memorandum from Dick Carlquist
which states that a Mr. Dick Alford intends to also be present at the
Plymouth Forum to discuss a special goose hunting season planned by
the State Department of Natural Resources this fall in an attempt to
control the geese population. This is another alternative geese
control measure for consideration.
More and more community groups are looking to the City to determine
how best to control Canadian geese. It is my understanding that the
Council believes it most appropriate for the City to focus on solving
the problem on public properties while working cooperatively with
private property owners to assist them in their efforts. The City
would assume financial responsibility for public properties, while
private property owners would be responsible for private programs.
The Council has previously directed the staff to provide information
about alternative geese control efforts. Material on this subject has
been provided to the Council. It may now be appropriate given the
additional demonstration of public interest, to direct that the staff
prepare a proposed geese control program for the community based upon
the various alternative program measures available and our analysis of
their effectiveness and public safety implications.
FB:jm
attach
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 10. 1987
TO: Frank Boyles - Actina City Manager
FROM: Richard J. Carlouist - Public Safety Directo
SUBJECT PLYMOUTH FORUM - AUGUST 17TH - "GEESE"
On the date of this memo. I was contacted by Dick Alford. home phone 938-6869.
regarding a permit that he has received from DNR for goose hunting in the metro area.
Mr. Alford is a school teacher and he stated that he has considerable experience
hunting_ Canadian o_eese. Mr. Alford stated that he had heard about the special hunting
season that DNR has proposed for the metro 7 -county area September 1st through
September 10th this year. When Mr. Alford received his permit. he was the 75th person
to do so. He stated that one of the officials that he talked to expected anywhere
between 1,000-3,000 permits to be issued in the 7 -county area.
Mr. Alford said that he has talked to a Plymouth resident. Frank Jordan, regarding
hunting on his property. Mr. Jordan resides at 3810 Dunkirk Lane North. Mr. Jordan
owns approximately 120 acres located north of Highway 55 to County Road 9 and Dunkirk
Lane to Vicksburg Lane. Mr. Jordan indicated to me that he has given permission to
Mr. Alford to hunt in this open area.
Mr. Alford will be at the August 17th Plymouth Forum to answer questions posed by the
City Council or the public in attendance at this meetina. One of the thinas that he
did tell me at our meetina was that the special goose hunting season in the metro area
does not allow huntina over water: only the open fields where the Geese typically feed
may the hunters be allowed to shoot.
IMARRon Ponos Nome owners Association, tnc.13,7
Lynne R. Taylor
954 Zanzibar Lane N
Plymouth, Minnesota 55447
August 1, 1987
City Manager, James C. Willis
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Mr. Willis,
Pursuant to several telephone conversations that Mrs. Atkinson
and I have had with the Plymouth City Clerk, Laurie Brandt, enclosed
please find a copy of a letter from Dr. James A. Cooper of the
University of Minnesota.
We understand that the Plymouth Chief of Police has requested
that $3,000.00 be included in the 1988 budget for removal of
geese. We do not know where he obtained that dollar figure, but
according to Dr. Cooper's letter the cost is $700.00 to $1,000.00
per removal site. The procedure should be done for four consecu-
tive years and every third year thereafter.
During telephone conversations with Dr. Cooper, he has stated that
the City of Plymouth would like to participate in the goose removal
program starting in 1988. The steps needed to be taken to set up
a program should be done no later than the fall of 1987, as his
department has many requests.
I am writing to you, as President of the Home Owners Association
of Cimarron Ponds, which represents 228 family units with five
ponds. Our ponds are inundated with geese each year! I am
V--
lequesting that Cimarron Ponds be listed as one of the removal
ites, starting in 1988.
A group of concerned citizens of Plymouth intend to be at the
open forum at 7:00 p.m. on August 17, 1987. I am requesting that
you and the councilmembers and James Willis please attend this
forum and be prepared to advise the concerned citizens of Plymouth,
if and when this program will be implemented.
Sincerely,
Lynne R. Taylor
President of Cimarron Ponds Home Owners Association
UNIVERSITY OF MINNESOTA
t TWIN CITIES
July 13, 1987
Mrs. Robert Atkinson
1021 Yuma Lane
Plymouth, MN 55447
Dear Mrs. Atkinson:
College of Forestry
Department of Fisheries & Wildlife
200 Hodson Hall
1980 Folwell Avenue
St. Paul, Minnesota 55108
I am responding to your request for information on Canada goose population reduction. The
University of Minnesota, Minnesota Department of Natural Resources, U. S. Fish and Wildlife Service, and U. S. Department of Agriculture have been involved in a cooperative Canada goose population
management program since 1982. This effort involves assisting cities and airports in reducingproblemCanadagooseconcentrations. In brief, the procedures we have tested to date are bird
capture and translocation, and egg removal. Translocation involves trapping flightless young andadultsinsummer (June and early July) and shipping the adults to a distance state, e.g., Oklahoma,
and releasing the young in rural Minnesota. Egg removal consist of removing the eggs from nests lateinincubationsothefemaleswillnotrenest, incubating the eggs, and releasing the young hatched at6weekofageinnon -urban Minnesota marshes.
Because there are not federal or state funds to do goose control in either urban or rural communities,
the cost of the programs to date have been paid by either the residents affected, e.g. Olympic HillsGolfCourse, the cities, or the Metropolitan Airports Commission. Currently Minneapolis, GoldenValley, New Brighton, Brooklyn Center, Chanhassen, Coon Rapids, and Edina have goose control
programs.
The costs run from $700 to $1000 per removal site. Depending on the city, there may be 1 to as manyas5siteswheregeesearecausingproblems. To be effective, the removal must be done for 4 yearsandevery3rdyearthereafter.
The steps needed to be taken to set up a programs include:
Identification of the problem sites
Development of a proposed control program
The holding of a public meeting on the proposed program
Approval of the program by the city council
I or someone from my office and agency personnel provide assistance during the process ofdevelopingandapprovingacontrolprogram.
I will be out of town until 1 September, 1987. Please call me if you have further questions.
Sincerely yours,
V
ames A. Cooper,e.
Associate Professo
August 4, 1987
Ms. Lynne R. Taylor
President
Cimmeron Ponds Homeowners
954 Zanzabar Lane
Plymouth, MN 55447
Dear Ms. Taylor:
Thank you for your letter of August 1 regarding your association's concern
with the increasing population of geese.
The Plymouth Council has discussed the problem of geese several times this
season. There have been numerous calls from various areas of the communitywhichhaveexperiencedproblemsidenticaltoyours. We do not have an
answer to the problem as yet. The program outlined by Dr. dames Cooper
certainly bears further investigation. It appears clear, however, that the
long term control of the Canada goose population in the Twin City
Metropolitan Area will require a reduction in the goose population. Whether
this is done by capture and translocation, the destruction of eggs, or the
harvesting of the adult birds remains to be seen.
Mr. Richard Carlquist, our Public Safety Director, has previously made
inquiries regarding the control of geese. He was made aware of Dr. Cooper's
program. He did not, however, request an appropriation of $3,000 in his
1988 budget request as your letter indicates. The proposed budget I am
preparing for the City Council, likewise, has no request for funding. Given
the problem the geese are creating in the community, I believe the first
priority for any public funding will be for public property, such as parks,
and not private areas.
The Mayor and Council are aware that you and some of your neighbors will be
attending the Plymouth forum on August 17th to express your interest in this
potential program.
Yours truly,
mes G. Willis
C ty Manger
OGW:kec
cc: Mayor and City Council
Dick Carlquist
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
ME
CITY OF
PLYMOUTH+
Association
Thank you for your letter of August 1 regarding your association's concern
with the increasing population of geese.
The Plymouth Council has discussed the problem of geese several times this
season. There have been numerous calls from various areas of the communitywhichhaveexperiencedproblemsidenticaltoyours. We do not have an
answer to the problem as yet. The program outlined by Dr. dames Cooper
certainly bears further investigation. It appears clear, however, that the
long term control of the Canada goose population in the Twin City
Metropolitan Area will require a reduction in the goose population. Whether
this is done by capture and translocation, the destruction of eggs, or the
harvesting of the adult birds remains to be seen.
Mr. Richard Carlquist, our Public Safety Director, has previously made
inquiries regarding the control of geese. He was made aware of Dr. Cooper's
program. He did not, however, request an appropriation of $3,000 in his
1988 budget request as your letter indicates. The proposed budget I am
preparing for the City Council, likewise, has no request for funding. Given
the problem the geese are creating in the community, I believe the first
priority for any public funding will be for public property, such as parks,
and not private areas.
The Mayor and Council are aware that you and some of your neighbors will be
attending the Plymouth forum on August 17th to express your interest in this
potential program.
Yours truly,
mes G. Willis
C ty Manger
OGW:kec
cc: Mayor and City Council
Dick Carlquist
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800
n
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: July 21, 1987
TO: Dick Cariquist, Public Safety Direct
FROM: Frank Boyles, Assistant City Manage
SUBJECT FOWL MANAGEMENT
At their July 20th meeting, Councilmember Sisk indicated that he hadbeencontactedbyatleastoneresidentwhoregularlyfinds60ormoregeeseinhisyar-d. Other Councilmembers indicated that they havereceivedsimilarcomplaintsandCouncilmemberZiturobservedthathehadcountedatleast64inhisyardonetime.
The Council desires to take some affirmative action to reduce oreliminatethegeesepopulationinPlymouthandtheassociatednuisancewhichtheirdroppingscancause. I advised them of the GooseManagementProgramwhichyouearlierrecommended, but the Council wasconcernedaboutthe $50 to $60 per head cost of the program.
The Council did ask that we investigate this matter and advise theCouncilofwhatsteps, in addition to the Goose Management Programwhichyouearlierrecommended, could be taken to eliminate thisproblem. The Council would like to be able to deal with this matterinatimelyfashionthisyear. 1 would appreciate receivingwrittenreportbyJuly29thinorderthatitcanbeplaced.
our
iin ytheAugust3rdagenda.
Thanks!
FB:kec
Attachment - Goose Management Program Memo
cc: James G. Willis
S/F 7/29
i
M I N U T E S
REGULAR COUNCIL MEETING
AUGUST 3, 1987
A Regular meeting of the Plymouth City Council was called to
order by Mayor Schneider at 7:30 p.m. in the City Council Cham-
bers of the City Center at 3400 Plymouth Boulevard on August 3,
1987.
PRESENT: Mayor Schneider, Councilmembers Crain, Vasiliou,
Zitur, and Sisk, Manager Willis, Planning Director
Tremere, Public Works Director Moore, Public Safety
Director Carlquist, City Attorney Thomson, and City
Clerk Brandt
ABSENT: None
Mayor Schneider welcomed a West German soccer team to Plymouth
and presented them with Plymouth "P" pins.
The soccer coach presented Mayor Schneider with souvenirs from
Germany.
CONSENT AGENDA
Motion was made by Councilmember Zitur, seconded by Councilmem- CONSENT AGENDA
ber Sisk, to adopt the consent agenda deleting items 7-K and 7-H Item 4
and adding items 8-E Dwaine Johnson letter, F Geese problem, and
G erosion control.
Motion carried on a Roll Call vote, five ayes.
MINUTES
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Sisk to approve the minutes of the Special Council meeting
of July 27, 1987 as submitted.
Motion carried on a Roll Call vote, five ayes.
PUBLIC HEARINGS
Mayor Schneider opened the public hearing at 7:42 p.m.
No one chose to speak and the hearing was closed at 7:42 p.m.
MINUTES - SPECIAL
COUNCIL MEETING JULY
27, 1987
Item 5*
PUBLIC HEARING -
STREET VACATION
Item 6-A
Regular Council Meeting
August 3, 1987
Page 227
MOTION was made by Councilmember Crain, seconded by Councilmem- RESOLUTION NO. 87-502
ber Zitur, to adopt RESOLUTION NO. 87-502 DENYING THE VACATION DENYING R
OF STREET RIGHT-OF-WAY, EAST MEDICINE LAKE BOULEVARD ADJACENT TO VACATION, JEVNE'S
LOTS 4, 5, AND 6 OF JEVNE'S SUBDIVISION, BLOCK 17, MEDICINE LAKE ADDITION
PARK ADDITION. Item 6-A
Motion carried on a Roll Call vote, five ayes.
Director Carlquist stated that he had met with Mr. Wenner and
the City Manager last week regarding the violation and possible
methods to prevent its occurring in the future.
Councilmember Vasiliou asked that, if the police department
feels this store is not necessarily a problem, should they be
f ined?
Director Carlquist stated he never stated that nor had his
staff. Mr. Wenner called him and told him that he had probably
misunderstood the officer.
Mayor Schneider opened the public hearing at 7:47 p.m.
John Wenner, owner of Party Mart Liquor, stated he has operated
the business for the past 18 years. He tells his stsaff every
day to check for identification. He stated he tries to run a
clean operation and explained how both this situation, and one
eighteen months ago, happened. He cited several suggestions to
assist his clerks including signage stating it is against the
law to purchase liquor if under age.
Councilmember Sisk asked if it was the same clerk involved in
both cases. Mr. Wenner answered that it was not.
Mayor Schneider closed the hearing at 7:55 p.m.
Councilmember Crain stated there is another liquor store in
Plymouth which cards everyone, no matter how old they look. He
believes this may keep someone from trying to use a phony iden-
tification.
Mr. Wenner stated they are using a class yearbook from Wayzata
to check on some customers.
Councilmember Vasiliou stated she works with the Wayzata/
Plymouth Area Chemical Health Commission and is concerned that
some action be taken to stop these kids from buying liquor.
MOTION was made by Councilmember Sisk, seconded by Mayor
Schneider, to adopt RESOLUTION NO. 87- AUTHORIZING SUSPENSION OF
OFF -SALE INTOXICATING LIQUOR LICENSE, JACK WENNER DBA PARTY MART
LIQUOR adding the following: "impose a $200 fine and warning of
a three day suspension with the next reported incident of a
minor being sold alcohol from the premises within one year."
PUBLIC HEARING -
LIQUOR VIOLATION
Item 6-B
Regular Council Meeting
August 3, 1987
Page 228
Councilmember Sisk stated he can sympathize with the problem of
motivating employees to do the Job right.
Attorney Thomson stated that either a fine or suspension can be
imposed, not both.
Mayor Schneider stated he would prefer a larger fine be imposed
and that part of it be suspended until and if another incident
occurs.
MOTION was made by Councilmember Vasiliou, seconded by Council -
member Zitur, to amend the motion that the owner donate $500 to
the Wayzata/Plymouth Area Chemical Health Commission to be used
toward its prevention program in lieu of the fine which is sus-
pended as a condition of the donation.
Councilmember Vasiliou stated that, if the law allowed, she
would also have imposed a three day suspension to be sure the
message got across to the other liquor store owners.
Mayor Schneider stated he believes the fine should be heavier
with a part of it suspended if there are no other incidents
within twelve months.
Councilmember Vasiliou stated she doesn't believe in forgiving
part of the fine; no amount should be suspended.
Councilmember Sisk stated his concern is with the fact that Mr.
Wenner is working through other people and, if he had sold the
liquor himself, he could understand the large fine for the vio-
lation. However, in this case it was an employee who made the
mistake. He would not like to see this owner burdened with more
of a fine than is Justified. He believes that a contribution is
money better invested that having it go to the City; he simply
doesn't want it to be overly severe.
Attorney Thomson stated that once action is taken on this viola-
tion, it is the last time the Council can address it.
SUBSTITUTE MOTION for main motion and amendment was made by
Mayor Schneider, seconded by Councilmember Zitur, to adopt RESO-
LUTION NO. 87-503 CONSIDERING THE SUSPENSION OR REVOCATION OF
OFF -SALE INTOXICATING LICENSE FOR JOHN WENNER DBA PARTY MART
LIQUOR adding the following: "$1,000 fine which is suspended
pending no violations within twelve months and pending a $500
donation to the Wayzata/Plymouth Area Chemical Health Commission
within thirty days."
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO. 87-503
SUSPENSION LIQUO
LICENSE, PARTY MART
LIQUORS
Item 6-B
Regular Council Meeting
August 3, 1987
Page 229
PETITIONS, REQUESTS AND COMMUNICATIONS
David Davenport, attorney representing Richard Brokke, stated VARIANCES FOR
the two variance requests were discussed by the Planning Commis- BROKKE/POWER IND.
sion. The setback variance was approved and they recommended 87049)
Mr. Brokke be allowed to display vehicles on the unpaved sur- Item 7-A
face. They have contacted MnDOT and been given a temporary
lease on twenty feet of land which they will be now using as
their setback. The only permanent variance still being request-
ed is for signs. Mr. Brokke would like to delete his request
for a second sign in order to get one 155 sq. ft. pylon versus
the City's ordinance limit of 96 sq. ft. and two additional feet
in height. It is not Powell's position that the City has set a
precedent by allowing other car dealers to have these signs be-
cause they were approved under a previous ordinance. Powell is
proposing the 155 sq. ft. sign which replaces a double-faced
billboard which has been taken down. They feel the hardship is
because of the sight lines from I-494 and, with the topography,
makes signage very important as to height if it is to be seen at
all. They want some identification from the public passing by;
this should reduce hazardous weaving also. There is also tree
cover on adjacent property which blocks the site of anything
smaller than the requested 155 sq. ft.
Mr. Davenport stated they are asking to install a bituminous
curb temporarily so, if they can acquire the additional proper-
ty, a concrete curb can be later installed to the new property
line.
Director Tremere stated that staff can work with Powell to in-
sure that the display cars are arranged to keep the area to the
north clear. A variance is still needed for the five cars on
the northwest corner to be placed on grass. The Planning
Commission has recommended approving this.
Mr. Brokke stated they want to park on the grass in the north-
west and northeast corners of the site.
Councilmember Sisk stated he still wonders if the variance in
the east and west areas is needed since the problem with the
yard setback to the north has been solved.
Director Moore pointed out that the west section doesn't need a
variance, except for parking on a non -paved surface, because it
is more than the twenty foot setback requirement. A variance is
needed to the east because the cars would be in the setback and
on a non -paved surface.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-504
ber Vasiliou, to adopt RESOLUTION NO. 87-504 APPROVING LIGHTING LIGHTING PLAN ANT_
PLAN AND VARIANCES RELATED TO SITE PLAN AND SIGNAGE FOR RICHARD VARIANCES, POWELL
BROOKE FOR POWELL LINCOLN MERCURY (87049). LINCOLN MERCURY
87049)
Item 7-A
Regular Council Meeting
August 3, 1987
Page 230
MOTION was made by Mayor Schneider, seconded by Councilmember
Sisk, to amend the main motion so that condition #2 allowed for
a temporary site plan variance be approved and that parking on
the grass area would only be for the west side; the east side
shall be paved.
Mayor Schneider stated he doesn't see any reason why the three
to four spaces on the east are needed; a green strip is needed
there.
Motion to amend carried, five ayes.
Jack Gelman, lighting consultant, stated the actual foot candle
levels at each point haven't been shown accurately because the
computer couldn't modify the plan completely.
Mayor Schneider stated this is a great improvement over what was
originally presented. The concerns he had were addressed.
Councilmember Sisk asked how he can be assured since the light
patterns on the plan do not show light going off the property
because the plan cuts them off.
Mayor Schneider noted that the residential district is removed
quite a ways from this site.
Director Tremere stated the ordinance references glare and the
plans indicate that this won't occur.
Councilmember Vasiliou pointed out that this development will be
in place before the residential property develops and home buy-
ers will be aware of the site.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, to amend the main motion to include sign area variance
for a maximum 155 sq. ft. in condition #3.
Mayor Schneider noted that this type of facility is a regional
type of service and there must be a recognition by the Council
that some signage is required. He added that the berm would
hide a smaller sign from the highway.
Councilmember Sisk stated new sign regulations should be estab-
lished for freeway zones rather than taking the requests one at
a time via variance request. He will vote against the amendment
until such time as the Council changes its ordinance; this vari-
ance would set a precedent.
Mayor Schneider stated it won't set a precedent because there
may not be another spot in the City where a berm on an adjacent
property covers a sign. He said the petitioner should perhaps
be allowed to have a higher sign, but that was not requested.
Regular Council Meeting
August 3, 1987
Page 231
Councilmember Vasiliou stated she believes the Council has re-
sponsibly granted variances in the past on a case by case
basis. She doesn't believe the Council has been arbitrary.
Councilmember Crain stated he believes height may be more of a
concern than the size of the sign.
Mr. Davenport stated they don't object to increasing the height
if it can be accomplished through the use of the berm. It would
be costly to customize the sign in terms of area and/or height.
SUBSTITUTE MOTION was made by Mayor Schneider, seconded by Coun-
cilmember Zitur, to amend the main motion to change condition #3
to read that the height variance be up to 5 ft. to allow up to
41 ft. versus the 38 ft. and to include the area variance for a
maximum 155 sq. ft.
Motion carried, four ayes. Councilmember Sisk voted nay.
Main motion as twice amended carried on a Roll Call vote, five
ayes.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87-505 CHANGING NAME OF FINAL
PLAT OF POWELLS FIRST ADDITION TO POWELLS ADDITION (87049).
Motion carried on a Roll Call vote, five ayes.
Bob Fields, owner of U-Do-Carwash, stated the reason he wanted
to discuss this was because he believes he has met all the re-
quirements of the ordinance and wants the bond released and not
simply reduced. The four plantings that didn't survive last
winter were replaced and he doesn't agree that the new trees
have to go another winter. He believes this has to come to some
end and not go on, potentially, for years. To keep the letter
of credit going is expensive.
Councilmember Vasiliou stated there are people who don't replace
their trees and the City's only enforcement tool is the ordi-
nance requiring the winter survivability to be guaranteed.
Mr. Fields asked if the City would accept $400 in cash in lieu
of the letter of credit. Staff stated they would.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 87-506 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR U-DO-CARWASH (85109).
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO. 87-505
CHANGING NAME, FINAL_
PLAT, POWELLS FIRST
ADDN. (87049)
Item 7-A
U-DO-CARWASH BOND
REDUCTION (85109)
Item 7-B
RESOLUTION NO. 87-506
BOND REDUCTION
U-DO-CARWASH
85109)
Item 7-B
Regular Council Meeting
August 3, 1987
Page 232
MOTION was made by Councilmember Zitur, seconded by Councilmem- ORDINANCE NO. 87-18
ber Sisk, to adopt ORDINANCE NO. 87-18 AMENDING THE ZONING ORDI- AMENDING ZONING DE
NANCE TO CLASSIFY CERTAIN LANDS LOCATED NORTHWEST OF COUNTY ROAD 1770 FERNBROOK LANE
6 AND I-494 (1770 FERNBROOK LANE) TO IP (PLANNED INDUSTRIAL) (87030)
87030). Item 7-C*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-507
ber Sisk, to adopt RESOLUTION NO. 87-507 SETTING CONDITION TO BE SETTING CONDIT10N
MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED AMENDING ZONING CODE
NORTHWEST OF COUNTY ROAD 6 AND I-494 1770 FERNBROOK LANE) 1770 FERNBROOK LANE
87030). 87030)
Item 7-C*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-508
ber Sisk, to adopt RESOLUTION NO. 87-508 APPROVING PRELIMINARY PRELIMINARY PLAT
PLAT FOR WAGNER SPRAY TECH FOR WAGNER ADDITION (87030). WAGNER SPRAY TECH
WAGNER ADDN. (87030)
Motion carried on a Roll Call vote, five ayes. Item 7-C*
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-509
ber Sisk, to adopt RESOLUTION NO. 87-509 SETTING PUBLIC HEARING ORDERING HEARING
ON PROPOSED ASSESSMENT, 1987 REMOVAL AND DESTRUCTION OF DISEASED 1987 REMOVAL &
TREES for August 24, 1987 at 7:30 p.m. DESTRUCTION OF TREES
Item 7-D*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-510
ber Sisk, to adopt RESOLUTION NO. 87-510 DECLARING COST TO BE DECLARING T TO Br—
ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR ASSESSED, 1987 REMOVAL
1987 REMOVAL AND DESTRUCTION OF DISEASED TREES to be $2,731.25. DESTRUCTION OF TREES
Item 7-D*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-511
ber Sisk, to adopt RESOLUTION NO. 87-511 APPROVING A CONDITIONAL C.U.P. FOR AMFRIU=
USE PERMIT FOR AMERIDATA SYSTEMS, INC. FOR "PLYMOUTH LEARNING PLYMOUTH LEARNING
CENTER" (87055). CENTER (87055)
Item 7-E*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-512
ber Sisk, to adopt RESOLUTION NO. 87-512 APPROVING RESIDENTIAL RPUD FINAL PLAN/PLAT
PLANNED UNIT DEVELOPMENT FINAL PLAN/PLAT FOR HARSTAD COMPANIES LAKE CAMELOT ESTATES
FOR LAKE CAMELOT ESTATES 2ND ADDITION (87056) (RPUD 86-1). 2ND ADDN. (87056)
Item 7-F*
Motion carried on a Roll Call vote, five ayes.
Regular Council Meeting
August 3, 1987
Page 233
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-513
ber Sisk, to adopt RESOLUTION NO. 87-513 SETTING CONDITIONS TO SETTING CONDITIO
BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LAKE FINAL PLAT
CAMELOT ESTATES 2ND ADDITION FOR HARSTAD COMPANIES (87056) (RPUD LAKE CAMELOT ESTATES
86-1). 87056)
Item 7-F*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- ORDINANCE NO. 87-19
ber Sisk, to adopt ORDINANCE NO. 87-19 AMENDING THE ZONING ORDI- AMENDING ZONING CODE
NANCE TO CLASSIFY CERTAIN LANDS LOCATED AT 3695 HIGHWAY 101 TO 3695 HIGHWAY 101
R -1A (LOW DENSITY SINGLE FAMILY RESIDENTIAL) DISTRICT (87061). 87061)
Item 7-G*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 87-514
ber Sisk, to adopt RESOLUTION NO. 87-514 APPROVING SITE PLAN, SITE PLAN,C.U.P.
CONDITIONAL USE PERMIT AND VARIANCE FOR PEACE LUTHERAN CHURCH VARIANCE, PEACE
87061). LUTHERAN (87061)
Item 7-G*
Motion carried on a Roll Call vote, five ayes.
Councilmember Crain stated his concern is the outdoor storage on MIDWEST BRICK
gravel. The petitioner claims that asphalt will discolor the 87064)
brick. Item 7-H
Kevin Murphy, owner of Midwest Brick, stated the bricks are
stacked on pallets on the ground. The problem with asphalt is
that when the brick is lifted, the asphalt becomes soft during
the hot weather.
Councilmember Crain stated that, while gravel is washed before
it does down, how can it be kept from being a dust problem for
the area.
Mr. Murphy stated he has looked at all the alternatives of
gravel, concrete, and asphalt. Another problem with asphalt is
that the equipment cuts it up. They have been discussing
putting concrete on the driving lanes to eliminate the problem
there.
Mayor Schneider asked if some concrete could be used on the
areas which turn over most frequently.
Mr. Murphy answered that he could do that.
Councilmember Sisk asked where the dust would go and asked what,
if any, residences would be affected since they were at least
1/4 mile away.
Mayor Schneider stated the ordinance requires dust free sur-
faces.
August 3, 1987
Page 234
Director Tremere stated that gravel has been used as a dust free
surface in the past where outside storage involved a minimum of
truck or other vehicle traffic.
Councilmember Crain stated, however, that this site will have a
higher volume of traffic than in the other cases.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87-515 APPROVING PRELIMINARY
PLAT FOR MIDWEST BRICK (87064).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Zitur, to adopt RESOLUTION NO. 87- APPROVING SITE PLAN
AND CONDITIONAL USE PERMIT FOR MIDWEST BRICK (87064) adding
condition #14 as follows: "That a minimum of two of the four
storage areas shall be paved with asphalt or concrete to elimin-
ate dust."
Director Tremere suggested approving the resolution without the
condition and, since this is a conditional use permit, review it
in a year to determine if there is a problem.
Councilmember Sisk stated a concern with creating additional
cost for the petitioner.
SUBSTITUTE MOTION was made by Mayor Schneider, seconded by Coun-
cilmember Sisk, to adopt RESOLUTION NO. 87-516 APPROVING SITE
PLAN AND CONDITIONAL USE PERMIT FOR MIDWEST BRICK (87064) chang-
ing condition #9 by adding the following: "Review shall include
determination that the outside storage area has been and is dust
free" and deleting condition #14.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Sisk, to adopt RESOLUTION NO. 87-517 APPROVING A CONDITIONAL
USE PERMIT FOR KATHLEEN P. STRNAD FOR A HOME OCCUPATION AT 1750
RANIER LANE (87072).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Sisk, to adopt RESOLUTION NO. 87-518 REDUCING DEVELOPMENT
BOND, FOX RUN 2ND ADDITION (85066) to $2,408.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Sisk, to adopt RESOLUTION NO. 87-519 REDUCING DEVELOPMENT
BOND, HERITAGE WEST 2ND ADDITION (86048) to $45,584.
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO. 87-515
PRELIMINATY PLAT
MIDWEST BRICK (87064)
Item 7-H
RESOLUTION NO. 87-516
SITE PLAN &C.U.P.
MIDWEST BRICK (87064)
Item 7-H
RESOLUTION NO. 87-517
HOME OCCUPATION 7M.7.
KATHLEEN STRNAD
87072)
Item 7-I*
RESOLUTION NO. 87-518
BOND REDUCTION
FOX RUN 2ND ADDN.
85066)
Item 7-0-1*
RESOLUTION NO. 87-519
BOND REDUCTION
HERITAGE WEST 2ND
86048)
Item 7-J-2*
Regular Council Meeting
August 3, 1987
Page 235
MOTION was made by Councilmember Zitur, seconded by
Councilmember Sisk, to adopt RESOLUTION NO. 87-520 REDUCING
DEVELOPMENT BOND, DEERWOOD GLEN PLAT TWO (87010 FKA 86084) to
61,592.
Motion carried on a Roll Call vote, five ayes.
Councilmember Sisk questioned the firm and its history of relia-
bility.
Director Moore stated the consultant checked out the owners and
they are bonded 100% on performance.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Crain, to adopt RESOLUTION NO. 87-521 AWARDING BID, TYRELL 5TH
ADDITION STREET AND UTILITIES, PROSECT NO. 737 to Machtemes Con-
struction in the amount of $102,280.20.
Motion carried on a Roll Call vote, five ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
RESOLUTION NO. 87-520
BOND R
DEERWOOD GLEN PLAT TWO
86084)
Item 7-3-3*
TYRELL 5TH BID AWARD
Item 7-K
RESOLUTION NO. 87-521
AWARD CORTR=
TYRELL 5TH ADDN.
PROSECT 737
Item 7-K
Manager Willis stated the purpose isn't to get public comment on EAW ON SCHMIDT LAKE
the EAW, it is to allow the Council to review the draft EAW. ROAD, PROSECT 705
Public comment can be made to the Council through the Environ- Item 8-A
mental Quality Board.
Director Moore stated interested residents could be placed on
the mailing list when the final copy is ready; this is Just a
draft. The corrections he made were to a date and some other
minor changes; nothing substantial was changed.
Manager Willis stated that three separate road alignments were
studied as to their effects on the environment.
Councilmember Sisk noted that the EAW doesn't say which one is
better.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Sisk, to accept the draft EAW on Schmidt Lake Road, Project
705.
Motion carried, five ayes.
Councilmember Vasiliou stated she doesn't believe the Council FENCE VIOLATIONS
should do nothing. Enforcing the ordinance on a complaint basis Item 8-B
is troublesome and she wants to find some way to handle this
other than on a complaint basis like including all Council and
staff in watching for fences which may be in violation.
Manager Willis stated staff agrees. The only way to get ahead
of this is to take the more formal step of requiring a permit to
construct a fence. These permits could be processed quickly.
Regular Council Meeting
August 3, 1987
Page 236
Councilmember Vasiliou suggested using the utility billing to
get information out and informing residents. Word needs to get
out before the fence goes up and not after.
Councilmember Zitur stated he favors a permit and fee system and
believes the existing non -complying fences should go the
variance route.
Manager Willis recommended that a simple procedure be establish-
ed by which residents could apply for a fence permit for a
modest fee to cover the direct cost of the permit, it would be
investigated by the building department, and the applicant would
be issued a permit. The application and the permit would not
involve aesthetics or technical structural data. The process
would be to verify height and location.
MOTION was made by Councilmember Crain, seconded by Councilmem-
ber Zitur, that staff prepare necessary amendments to the code
to require permits for fences and, as outlined by the City
Manager, that applications for variances for "post facto" non-
complying fences be accepted.
Motion carried, five ayes.
Manager Willis states the CSO report stated that some movement
has taken place and they still have one week to complete the
clean up.
Mayor Schneider asked that staff inform the Council on Monday on
the status of the clean up.
Attorney Thomson suggested the property owner and representative
get a copy of the report presented tonight and a letter stating
the Council is concerned that sufficient progress has not been
made to date.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, that a letter indicating that the Council reviewed the
status and the action has not been satisfactory and are concern-
ed that the deadline will not be met and reconfirm that on
August 11 the City will move onto the site.
Motion carried, five ayes.
Manager Willis submitted a 1987/1988 levy calculation report.
He summarized the projected millage.
Discussion followed on how to discuss the budget when it is pre-
sented.
Manager Willis stated Mr. Johnson is asking why he has to comply
with the three requirements listed in the letter of July 24 from
Ray Anderson. He noted that this is because the code requires
STATUS REPORT
5140 ZACHARY LANE
Item 8-C
1988 BUDGET - LEVY
LIMIT CALCULATIONS
Item 8-D
DWAINE JOHNSON LETTER
Item 8-E
Regular Council Meeting
August 3, 1987
Page 237
it. It is apparent from the letter that Mr. Johnson feels this
is punitive or duplicative. Because of the sensitivity of the
issue, Director Tremere has indicated that, whether or not the
required materials are submitted, it will go to the Planning
Commission on August 12.
Mayor Schneider stated a letter should be sent stating that it
was discussed and believes it is appropriate that they go
through the same process which everyone else goes through. The
answers are not obvious to staff or the Planning Commission who
were not part of the negotiations on this matter.
Mayor Schneider stated there is a party who wants to meet with
the Council at the August 17 forum to discuss the geese probem.
Manager Willis stated the present budget doesn't include money
for geese control. The comet would be approximately $700-1,000
per site and would have to be done over a four year period and
every three years thereafter. The problem is large. In his
letter to the homeowners associations he outlines that there is
no solution.
Councilmember Vasiliou questioned, if the money is available,
what assurances does the City have that this will work and how
are the sites selected. Taxpayers' money should be used on pub-
lic property first. There are so many homeowners associations
who have money to expend for themselves. She will not support
individual funding for homeowners until public property is
addressed.
Councilmember Vasiliou stated she could never support having a
sweeper on call to clean up problems.
Councilmember Zitur stated it was something to think about. He
doesn't believe the Council action of last week will work.
Mayor Schneider stated the Development Council has been working
with the City for years on this issue. The developers are well
aware of the policy.
Councimember Vasiliou pointed out that the Development Council
helped write the policy.
Councilmember Zitur stated the water treatment plant site was
lacking erosion control and wasn't cleaned up over the weekend.
GOOSE PROBLEM
Item 8-F
EROSION CONTROL
Item 8-G
MOTION was made by Councilmember Sisk, seconded by Mayor RESOLUTION NO. 87-522
Schneider, to adopt RESOLUTION NO. 87-522 FILLING VACANCY ON APPOINTMENT TO BOZ
BOARD OF ZONING ADJUSTMENT AND APPEALS by appointing Mike Item 8-H
Porzio.
Motion carried on a Roll Call vote, five ayes.
Regular Council Meeting
August 3, 1987
Page 238
MOTION was made by Councilmember Vasiliou, seconded by Council -
member Crain, to appoint John Griffin of Trammell Crow as chair-
man of the building aesthetics task force.
Councilmember Vasiliou stated she believed it was important from
a leadership standpoint to have someone to whom the policy will
apply lead the task force.
SUBSTITUTE MOTION was made by Councilmember Zitur, seconded by
Councilmember Sisk, that Dick Plufka of the Planning Commission
be appointed chair.
Motion carried, three ayes. Councilmembers Vasiliou and Crain
abstained.
MOTION was made by Mayor Schneider, seconded by Councilmember
Zitur, that, in the event Dick Plufka decides not to accept the
chairmanship, that John Griffin be appointed.
Motion carried, five ayes.
The meeting adjourned at 11:05 p.m.
City Clerk
BUILDING AESTHETICS
TASK FORCE APPOINTMENT
Item 8-I
1.
CITY OF PLYMOUTH
fpr
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 13, 1987 For Council Meeting of August 17, 1987
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Vacation of Drainage and Utility and Street Right -of -Way
Lake Camelot Estates
Vacation of Utility and Drainage Easement
Berg 2nd Addition
Lot 3, Block 1
Attached are resolutions relating to the above referenced vacations
for which public hearings are to be held on August 17, 1987.
We recommend that the City Council adopt the attached resolution
authorizing the vacation of utility and drainage easements, Lot 3,
Block 1 Berg 2nd Addition, and authorize the vacation of the drainage
and utility easements and street right-of-way in the Lake Camelot
Estates
Sherman L. Goldberg, P.E.
SLG:kh
Attachments: Resolution
Map
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day
of , 1987. The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
AUTHORIZING THE VACATION OF
CERTAIN DRAINAGE AND UTILITY EASEMENTS IN BLOCK 2 AND 3 AND
CHESHIRE LANE LYING NORTHERLY OF 61ST AVENUE NORTH IN
LAKE CAMELOT ESTATES
WHEREAS, a petition was received to vacate certain drainage and utility
easements and street right-of-way:
WHEREAS, a public hearing with respect to said vacation was scheduled for
August 17, 1987 in accordance with Minnesota Statutes 412.851 as amended; and
WHEREAS, a notice of publication of said hearing was published and posted two
weeks prior to the meeting of August 17, 1987; and
WHEREAS, the City Council did hold a public hearing on August 17, 1987 to
inform any and all interested parties relevant to the vacation of certain
drainage and utility easements in Block 2 and 3 and Cheshire Lane lying
Northerly of 61st Avenue North in Lake Camelot Estates; and
WHEREAS, it was determined by the City Council that said easements were not
needed for public purposes;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA that the following drainage and utility and street
right-of-way easements be vacated:
DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED:
All of the drainage and utility easements in Lots 17 through 27
inclusive, Block 2 and in Lots 1 through 17 inclusive, Block 3, all
in Lake Camelot Estates, Hennepin County, Minnesota.
DESCRIPTION OF STREET VACATION:
That part of Cheshire Lane in,Lake Camelot Estates, Hennepin County,
Minnesota, lying Northerly of 61st Avenue North.
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.
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CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day
of , 1987. The following members were present:
The following members were absent:
introduced the following Resolution and moved
its adoption:
RESOLUTION NO. 87 -
AUTHORIZING THE VACATION OF
CERTAIN DRAINAGE AND UTILITY EASEMENTS IN LOT 1, BLOCK 3
BERG 2ND ADDITION
WHEREAS, a petition was received to vacate certain drainage and utility
easements in Lot 1, Block 3, Berg 2nd Addition; and
WHEREAS, a public hearing with respect to said vacation was scheduled for
August 17, 1987 in accordance with Minnesota Statutes 412.851 as amended; and
WHEREAS, a notice of publication of said hearing was published and posted two
weeks prior to the meeting of August 17, 1987; and
WHEREAS, the Council did hold a public hearing on August 17, 1987 to inform any
and all interested parties relevant to the vacation of drainage and utility
easements in Lot 1, Block 3, Berg 2nd Addition; and
WHEREAS, it was determined by the City Council that said easements were not
needed for public purposes;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA that the following drainage and utility easements be
vacated:
DESCRIPTION FOR A PORTION OF THE UTILITY AND DRAINAGE EASEMENT IN LOT
3, BLOCK 1, BERG 2ND ADDITION TO BE VACATED.
That part of Lot 3, Block 1, Berg 2nd Addition which lies 10 feet on
each side of the following described center line to wit: Commencing
at the Southwest corner of said Lot 3; thence North 0° 25' 12" West,
along the West line of said Lot 3, a distance of 153.01 feet to the
actual point of beginning of the center line to be described; thence
North 35° 58' 08" East a distance of 37.93 feet; thence North 89° 34'
48" East a distance of 67.00 feet; thence South 43° 50' 40" East a
distance of 82.15 feet to the Southeasterly line of said Lot 3 and
there terminating, except the West 10 feet and the Southeasterly 25
feet of said Lot 3.
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.
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 13, 1987
TO: James G. Willis, City Manager
FROM: Laurie Brandt, Clerk
SUBJECT APPLICATION FOR RAFFLE PERMIT FROM DUCKS UNLIMITED
SUMMARY: The City is in receipt of an application for a raffle permit
from Ducks Unlimited scheduled for September 9, 1987 at the HolidayInn. State law provides that the application is automatically approved
unless the City specifically denies the application within 30 days of
its receipt (8/6/87). Current City ordinance prohibits gambling in
establishments licensed for liquor and as such precludes the issuance of
this license. The City Council previously directed the staff to work
with the City Attorney to amend the ordinance to permit the two together
in limited situations. The Council's original direction did not
contemplate gambling for profit in liquor establishments.
In conducting its investigation, the Police Department was told by the
applicant that the raffle tickets would be sold on the night of the
dinner at the Holiday Inn (see memo from Sgt. Larry Rogers attached).
In accordance with City Code 1215.01, gambling cannot be permitted on
premises licensed to sell liquor.
In talking with the applicant, it appears they have been having this
event for at least the past two years without meeting State licensing
requirements. Because Ducks Unlimited has conducted these raffles in
the past and they didn't understand that receiving the request did not
mean the City approved it, the applicant has made arrangements with the
hotel and for tickets and advertising, the costs of which (approximately
lo,o oo) cannot be recovered. Mr. Gary Hart of Ducks Unlimited will
be in attendance to ask the Council to consider amending its ordinance
to allow this event.
The Council should determine whether it desires to allow gambling in for
profit establishments either by the establishment or lessor of the
facilities. The current direction to the staff is to amend the
ordinance to allow gambling by non-profit organizations within their
facility.
a
Application from Ducks Unlimited
August 13, 1987
Page Two
The Council should determine wehther it desires to retain the direction
to the staff "as is". In that case, the Council should deny this
application by adoption of the attached resolution. If the Council
desires to allow gambling by profit or non-profit groups in for profit
liquor facilities, the original direction should be amended
accordingly. The Public Safety Department indicates that such action
could substantially broaden their workload in investigating license
requests and enforcement of gambling and liquor provisions. The City
Attorney advises that such an ordinance amendment could be prepared fore`'
consideration on August 24.
Att.
ow
Pursuant to due
City Council of
day of
present:
CITY OF PLYMOUTH
call and notice thereof, a meeting of the
the City of Plymouth, Minnesota, was held on the
19 The following members were
The following members were absent:
its adoption: introduced the following Resolution and moved
RESOLUTION NO. 87 -
DENYING REQUEST FOR GAMBLING LICENSE
DUCKS UNLIMITED
WHEREAS, the City has received notice of an application from Ducks Unlimited to
the Minnesota Charitable Gambling Control Board for a Class B license to operate
a raffle at the Holiday Inn on September 9; and
WHEREAS, the Police Department has conducted an investigation and recommends
denial of the application based on City Code 1215.01 prohibiting gambling on
premises holding a liquor license; and
WHEREAS, the Council has reviewed the request and must, within thirty days of
application, approve or disapprove said application and notify the Charitable
Gambling Control Board of its action;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for
approval of a charitable gambling license for the following reasons:
1. Section 1215.01 of the Plymouth City Code prohibits gambling devices or
gambling from facilities licensed for liquor sales of any type.
2. And further, that the Holiday Inn is licensed for on -sale intoxicating
liquor.
The motion for the adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, tie
following voted in favor thereof:
voted against or abstained:
e oow ng
Whereupon the Resolution was declared duly passed and adopted.
DATE: 8/11/87
TO: Richard Carlquist, Director of Public Safety
FROM: Sgt. Rogers, Investigations Supervisor
SUBJ: CHARITABLE GAMBLING LICENSE DENIAL -
Ducks Unlimited Chapter 194
Gary Hart, CEO
3695 Dallas Lane,
Plymouth, M -5441
Preliminary inquiries reveal that the captioned non-profit
organization has scheduled a raffle in conjuntion with their
meeting at the Plymouth Holiday Inn on September 9, 1987.
According to Mr. Hart, the organization has scheduled the on
site sale of raffle tickets. The announcement of the raffle
winners will also be on the premises of the hotel.
Under MN Statute 349 and Chapter 7860, the activities described
by Mr. Hart clearly fall within the meaning of a gambling event.
Indeed, Mr. Hart qualifies for a gambling exemption permit from
the State Gambling Board. Nevertheless, City Ordinance 1215 01
prohibits gambling in an establishment that holds a liquor
license within the City of Plymouth. The Holiday Inn currently
holds an on sale intoxicating, as well as a Sunday sale liquor
license. This application for charitable gambling is therefore
not consistant with the City ordinance. Denial is recommended.
The current gambling study may recommend that certain forms of
permit charitable gambling to be authorized within the City.
Generally, these would be restricted to religious, fraternal
and non-profit community groups within the City that are housed
within their own structures and posses a liquor license. Res-
tricted forms of permit gambling that would be held in hotels
that have liquor licenses was not an option that was considered.
However, this may be an additional item to be evaluated by the
Council for further study.
cc: Lt. Solberg
Laurie Brandt
Minnesota Charitable Gambling Control Board LAWFUL GAMBLING EXEMPTION
Room N475 Griggs Building99Y9 FOR BOARD USE ONLY
1821 University Avenue
St. Paul, MN 55104-3383
612) 642-0555
INSTRUCTIONS: 1. Submit request for exemption at least 30 days prior to the occasion.
2. When completing form, do not complete shaded areas.
3. Give the gold copy to the City or County. Send the remaining copies to the Board. The copies will be
returned with an exemption number added to the form. When your activity is concluded; complete the
PLEASE TYPE financial information, sign and date the form, and return to the Board within 30 days.
Organization Name License Number (If currently orprev6WYlicensed)
i t
Address City, County, State, Zip Code
Chief Executive Officer's Name Phone Number Manager's Name Phone Number
f.. 5S
Type of Organization Xjq-J' ` / If Other Nonprofit Organization (Check One)
Fraternal Veterans IRS Designation
Religion 0 Other Nonprofit Organization Incorporated with Secretary of State
Affiliate of Parent Nonprofit Organization
Name of Premises Where Activity Wig Occur Date(s) of Activity
Premises Address j
J
Games Yes - No Gross Receipts Value of Prizes Expenses Profit
Bingo
Raffles
Paddlewheels
Tipboards
Pull -Tabs
Use of Profit
Distributor From Whom Gambling Equipment Acquired Distributor's License No.
affirm all information submitted to the Board is true, accu-I I affirm all financial information submitted to the Board is
And complete. true, accurate, and complete.
Chief Executive Officer Signature Date ' Chief Executive Officer Signature Date
ACKNOWLEDGMENT OF NOTICE BY LOCAL GOVERNING BODY
hereby acknowledge receipt of a copy of this application. By acknowledging receipt, I admit having been served with notice
that this application will be reviewed by the Charitable Gambling Control Board and will become effective 30 days from the
date of receipt (noted below) by the City or County, unless a resolution of the local governing body is passed which Specifi-
cally disallows such activity and a copy of that resolution is received by the Charitable Gambling Control Board within 30
days of the below noted date.
CITY OR COUNTY TOWNSHIP
Name of Local Governing Body (City or County) Township Name (Must be notified when County is the approving body)
Signature of Person Receiving ApplicationSignaturglofPersonReceiving pp caii;n
Title
CG -00020-01 (4/86) White — Board
Pink — Organization
Date Received I Title
Canary — Board returns to Organization to keep
Gold — City or County
Date
CITY OF PLYMOUTH *-
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3400 PLYMOUTHB(MO2UTH, MINNESOTA 55447
TELEPHONE
MEMO
DATE: August 12, 1987 For Council Meeting of August 17, 1987
TO: James G. Willis, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT • Approval of "No Parking" Sign
School Days
5th Avenue From Ranchview Lane to Vicksburg Lane
Attached is a petition from residents along 5th Avenue requesting that
the street be posted for no parking. Their request is for "No Parking
During School Days" since the problem is occuring from students at
Wayzata Senior High. Presently, all of the other streets in this
immediate area are posted for no parking. Although 5th Avenue
dead -ends before reaching Vicksburg Lane, students are cutting through
the church property, since this is a shortcut to the school. At the
end of the last school year students began parking on this street, and
it is causing problems with mailboxes and driveways.
The petition is signed by all of the property owners along the North
side of 5th Avenue. All of the property on the South side is owned by
the school district as part of the Birchview Elementary School
property. High School students are parking on the street in order to
avoid buying a parking permit from the school district.
Attached is a resolution for City Council consideration approving this
petition. The resolution is recommended for adoption.
J -
Fred G. Moore, P.E.
FGM:kh
Attachment: Resolution
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day of
1987. The following members were present:
The following members were absent:
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 87 -
APPROVING NO PARKING SIGN INSTALLATION ON
5TH AVENUE - RANCHVIEW LANE TO VICKSBURG LANE
WHEREAS, the Independent School District No. 284 has a Student Parking Permit
System for Wayzata Senior High; and
WHEREAS, this program causes dislocation of some student vehicles from
off-street school parking lots to on -street locations; and
WHEREAS, the residents on certain streets have requested restrictive parking;
and
WHEREAS, the City desires to minimize on -street parking to enhance pedestrian
safety.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That it hereby authorizes the installation of No Parking
signs reading "No Parking - 8:00 a.m. to 2:00 p.m., School Days" at the
following locations:
On both sides of 5th Avenue from Ranchview Lane to Vicksburg Lane
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.
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CITY OF PLYMOUTH
8
4
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987 For Council Meeting of August 17, 1987
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Street Lighting
Wind Ridge at Bass Lake 6th Addition
Attached to this memo is a petition received from Kevin Kuechle,
developer, for the above referenced street lighting project.
I recommend that the City Council adopt the attached resolution
pertaining to said development.
ILI t
Sherman L. Goldberg, P.E.
SLG:kh
Attachments: Resolution
Preliminary Engineering Report
Petition
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 -
DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
STREET LIGHTING - WIND RIDGE AT BASS LAKE 6TH ADDITION
WHEREAS, a petition has been received from Kevin Kuechle, developer, requesting
installation of ornamental residential street lighting in the Wind Ridge at
Bass Lake 6th 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 Wind Ridge At Bass
Lake 6th Addition by the installation of residential ornamental
street lighting, filed with the City Council on August 17, 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 the developer, owner of 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
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:
Wind Ridge 6th 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
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
CONDITIONAL USE PERMIT RENEWAL FOR CHILDREN'S LEARNING CENTER (86067)
SUMMARY: Attached is a Resolution approving the renewal for the Condition-
al Use Permit for Children's Learning Center located in St.
Mary's of the Lake Church at 105 Forestview Lane.
The City Council approved an Amendment to the Conditional Use Permit under Resolution
No. 86-457, subject to 11 conditions. The Conditional Use Permit Amendment allows the
expansion of the Children's Learning Center to 75 children. The current license
reflects the maximum number of children at 75. The eleventh condition noted that the
Permit would expire on dune 7, 1987. The petitioner has recently completed a number of
site improvements that were required under the approving Resolution and they now wish
to renew the Conditional Use Permit for the Children's Learning Center.
1. Resolution
2. Location Map
3. Resolution No. 86-457
4. August 4, 1986 City Council Minutes
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 87 -
APPROVING THE RENEWAL FOR A CONDITIONAL USE PERMIT FOR THE CHILDREN'S LEARNING CENTER
IN THE ST. MARY'S OF THE LAKE CHURCH, 105 FORESTVIEW LANE (86067)
WHEREAS, The Children's Learning Center has requested a renewal of the Conditional Use
Permit to operate a day care center for 75 children in the St. Mary's of the Lake
Church at 105 Forestview Lane;
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 renewal of the
Conditional Use Permit for Children's Learning Center to operate a day care center in
St. Mary's of the Lake Church at 105 Forestview Lane, 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 The Children's Learning Center 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. A copy of the current State license shall be provided prior to issuance of the
Permit and shall be kept on file with the City.
6. Compliance with applicable Building and Fire Code requirements shall be verified
by the City prior to Permit issuance.
7. All parking shall be off-street in designated areas which comply with the Zoning
Ordinance.
S. The maximum number of children at The Learning Center shall be 75.
9. Resolution No. 86-457 is rescinded.
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: hereupon the
Resolution was declared duly passe an adopte
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 4th day of August . 1986. The
following members were present: Mayor Schneider, Councilmembers Sisk, Vasiliou, and
Zitur The
following members were absent: Councilmember Crain
Councilmember_ Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 86-457
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE CHILDREN'S LEARNING CENTER AT ST
MARY'S OF THE LAKE CHURCH (86067)
WHEREAS, Kathleen Dayton has requested a Conditional Use Permit Amendment for the
Children's Learning Center in St. Mary's of the Lake Church, 105 North Forestview Lane,
to allow the expansion of the daycare facility from the present student maximum of 54
children to a total of 75 children; 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 Kathleen Dayton for the
Children's Learning Center for a Conditional Use Permit Amendment for the expansion of
the daycare facility at 105 North Forestview Lane from a present student maximum of 54
children to a total of 75 children; subject to the following conditions:
1. The permit is subject to all applicable codes, regulations and ordinances, and
violation there of shall be grounds for revocation.
2. The permit is issued to Children's Learning Center as operator of the facility and
shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. A copy of the current State license shall be provided prior to issuance of the
Permit and shall be kept on file with the City.
5. Compliance with applicable Building and Fire Code requirements shall be verified
by the City prior to Permit issuance.
6. All parking shall be off-street in designated areas which comply with the Zoning
Ordinance.
7. The maximum number of children shall be 74, until the licensing is approved in
November, 1986 for a total number of 75 children.
PLEASE SEE PAGE Two
Page two
Resolution No. 86-457
B. The width of the southerly driveway shall be narrowed to a maximum 26 ft. The
driveway shall be maintained as southerly as possible.
9. The most northerly driveway shall be expanded to a 24 -ft. 'width to allow for
two-way drive aisle access to the parking lot on the north side of the building on
or before June 7, 1987.
10 At the westerly edge of the parking lot on the north side of the building, the
fire lane shall be barricaded with a collapsible post to prevent use of the fire
lane for any purpose other than emergency vehicle access on or before June 7,
1987.
11. The permit will expire on June 7, 1987.
The motion for adoption of the foregoing Resolution was duly seconded by
Mayor Schneider , and upon vote being taken thereon, the following
voted in favor thereof: Mayor Schneider, Councilmembers Sisk and Zitur
The following voted
against or abstained: Councilmember Vasiliou Whereupon the
Resolution was declared duly passed and adopted.
AP
f - WAYZATA EASTtLEMENT ; =JUNIORARY
SCHOOL;_ OOL
NEW LIMITS
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 4th day of August . 1986. The
following members were present: Mayor Schneider, Councilmembers Sisk, Vasiliou, and
Zitur The
following members were absent: Councilmember Crain
Councilmember Sisk
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 86-457
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE CHILDREN'S LEARNING CENTER AT ST
MARY'S OF THE LAKE CHURCH (86067)
WHEREAS, Kathleen Dayton has requested a Conditional Use Permit Amendment for the
Children's Learning Center in St. Mary's of the Lake Church, 105 North Forestview Lane,
to allow the expansion of the daycare facility from the present student maximum of 54
children to a total of 75 children; 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 Kathleen Dayton for the
Children's Learning Center for a Conditional Use Permit Amendment for the expansion of
the daycare facility at 105 North Forestview Lane from a present student maximum of 54
children to a total of 75 children; subject to the following conditions:
1. The permit is subject to all applicable codes, regulations and ordinances, and
violation there of shall be grounds for revocation.
2. The permit is issued to Children's Learning Center as operator of the facility and
shall not be transferable.
3. The site shall be maintained in a sanitary manner.
4. A copy of the current State license shall be provided prior to issuance of the
Permit and shall be kept on file with the City.
5. Compliance with applicable Building and Fire Code requirements shall be verified
by the City prior to Permit issuance.
6. All parking shall be off-street in designated areas which comply with the Zoning
Ordinance.
7. The maximum number of children shall be 74, until the licensing is approved in
November, 1986 for a total number of 75 children.
PLEASE SEE PAGE TWO
Page two
Resolution No. 86-457
8. The width of the southerly driveway shall be narrowed to a maximum 26 ft. The
driveway shall be maintained as southerly as possible.
9. The most northerly driveway shall be expanded to a 24 -ft. width to allow for
two-way drive aisle access to the parking lot on the north side of the building on
or before dune 7, 1987.
10. At the westerly edge of the parking lot on the north side of the building, the
fire lane shall be barricaded with a collapsible post to prevent use of the fire
lane for any purpose other than emergency vehicle access on or before dune 7,
1987.
11. The permit will expire on dune 7, 1987.
The motion for adoption of the foregoing Resolution was duly seconded by
Mayor Schneider , and upon vote being taken thereon, the following
voted in favor thereof: Mayor Schneider, Councilmembers Sisk and Zitur
The following voted
against or abstained: Councilmember Vasiliou Whereupon the
Resolution was declared duly passed and adopted.
Nugust. 4, 17b6
Page 197
MOTION was made by Councilmember Sisk, seconded by Counfimember
Zitur, to adopt RESOLUTIO14 NO. 86-455 SETTING C9,3DITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL RL -AT FOR BASS LAKE
ESTATES 2ND ADDITION FOR BASS LAKE DEVELQP16T COMPANY (86065)
MPUD 85-1).
Motion carried on a Roll Call vote, four ayes.
MOTION was made by CounciJmnimber Sisk, seconded by Councilmember
Zitur, to adopt RESOL41-iON NO. 86-456 ADOPTING ASSESSMENTS, PRO-
JECT NO. 645, SANIJ;A'RY SEWER AREA, BASS LAKE ESTATES 2ND ADDI-
TION in the amo of $14,040.
Motion carried on a Roll Call vote, four ayes.
RESOLUTION NO. 86-455
SET T N
FINAL PLAT, BASS LAKE
ESTATES 2ND ADDITION
86065)
Item 8-B*
RESOLUTION NO. 86-456
ADOPTING ASSESSMENTS
BASS LAKE ESTATES
2ND ADDN., PROSECT 645
Item R -R*
Planner Tremere stated the proposal is to amend a conditional C.U.P. AMENDMENT
use permit regarding a daycare center operated at St. Mary's of CHILDREN'S LEARNINGtheLakeChurch. At the Planning Commission public hearing CENTER (86067)
approval was recommended and staff was directed to investigate Item 8-C
the traffic generated from and on the site. The reason was that
the public hearing made it evident that there was neighborhood
concern about- the level of traffic generated by the church's
activities, particularly on Forestview Lane. Staff has recom-
mended some modifications. The petitioner has indicated concern
with the extent and cost of the recommended improvements.
Director Moore explained the status of the traffic circulation
on the site, what the daycare center is asking for, and what
staff is recommending relative to the fire lane and access.
Charles Dayton, Children's Learning Center, stated the applica-
tion is for an expansion of the number of children. Staff has
not had any concerns with the number of children and the Plann-
ing Commission recommended approval of the expansion of the day-
care's conditional use permit subject to the results of the
traffic study. Staff's recommendation to narrow the south
driveway entrance has been accepted by the church. He does not,
however, believe the two way traffic circulation is necessary
and would be too expensive to install.
Kathleen Dayton, Children's Learning Center, stated the use of
the north parking lot for dropping off children is important.
She listed several safety reasons why the current arrangement
should continue and stated parents choose daycare that is con-
venient. Timing is important since parents choose daycare based
on the school year.
Mr. Dayton stated that one way circulation is in compliance with
the ordinance. Neighbors on Forestview Lane would have the
advantage because the cars would only be passing once. He pre-
fers one way circulation with a width of 12 ft.
August 4, 1966
Page 198
Director Moore stated that the current 12 ft. width is because
this is a fire lane. The Zoning Ordinance has one way drive re-
quirements at 14 ft. He would not support use of this driveway
other than as a fire lane.
Discussion followed on the current use of the drop off area,
the proposed width, and the cost of the expansion.
Director Tremere explained, in response to a question by the
Mayor, that the City did not know there was a problem when the
petition was submitted. It was at the public hearing that the
neighbors indicated that, regardless of the lane width, there
was a problem with the traffic. Therefore, the Planning Commis-
sion recommended staff study the traffic. If the petition were
withdrawn, a problem would still exist and then a public hearing
may have to be called to consider revoking the conditional use
permit which exists.
Attorney Thomson stated the conditions being discussed are rela-
ted to the site. If the Council adopts those conditions, the
applicant is responsible for compliance, including arrangements
with the Ph,' -h This is between the tenant and the property
owner. The timing of the improvements is up to the Council. He
recommended that, if a time is not set, the amended permit may
be held up until the improvements take place. The Council
should evaiva,,.: .i,C request in terms of the ordinance condition-
al use standards.
It was clarified that the permit could be renewed within one
year to insure that compliance had taken place.
MOTION was made by Councilmember Sisk, seconded by Mayor
Schneider, to adopt RESOLUTION NO. 86-457 APPROVING A CONDITION-
AL USE PERMIT AMENDMENT FOR THE CHILDREN'S LEARNING CENTER AT
ST. MARY'S OF THE LAKE CHURCH (86067) with the deletion of con-
dition #9; addition of the following wording to conditions #11
and #12: "on or before June 7, 1987;" and the addition of a new
condition as follows: "This permit will expire on June 7,
1987."
Councilmember Vasiliou stated her concern that the Church was
not represented at the meeting.
Attorney Thomson clarified that with this wording the permit
will expire on June 7, 1987.
RESOLUTION NO. 86-457
C.U.P. AMENDMENT
CHILDREN'S LEARNING
CENTER (86067)
Item 8-C
Motion carried on a Roll Call vote, three ayes. Councilmember
Vasiliou abstained.
Planner Tremere stated that the item is a rezoning, preliminary ROBERT MIDDLEMIST
plat, andvary--csingle family residential infill plat TEPLEY ADDITION (86078)
on Zachary Lane. Some neighti i,S-Coposing that an addition- Item 8-D
al access to Zachary Lane be deve loped`Through this area. On
the other hand, there are some neighbors who do not
I CITY OF PLYMOUTH
I 3400 PLYMOUTHBONELVD(MO2UTH, MINNESOTA 55447
TE
MEMO
DATE: August 13, 1987 For Council Meeting of August 17, 1987
TO: James G. Willis, City Manager, through Fred G. Moore, Director of
Public Works
FROM: Sherman L. Goldberg, City Engineer
SUBJECT: Petition for Street and Utility Improvements
Trenton Place - Revere Lane
City Project No. 517
Attached to this memo is a petition from Oscar Naustdal for the
improvements necessary to develop Outlot C in Trenton Place. This
includes the street and utility work for the construction of Revere
Lane South of 45th Avenue in the Trenton Place Addition. Also, there
are two segments of storm sewer, one on the East side of the plat and
one on the West side of the plat that are included.
This project was ordered approximately a year and a half ago, but was
not constructed because the developer was not in a position to
develop his land. He has now requested that influence be placed as
he is ready to go ahead with this project.
I recommend that the City Council adopt the attached resolution
authorizing the Consulting Engineer, Bonestroo, Rosene, Anderlik and
Associates, Inc., to prepare a Preliminary Engineering Report. The
report shall be dovetailed with the Final Plat for the property.
k2x:/n
Sherman L. Gold rg, P.E.
SLG:kh
Attachments: Resolution
Petition
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 -
DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF REPORT
REVERE LANE SOUTH OF 45TH AVENUE IN THE GINGER CREEK ADDITION
STREET AND UTILITY IMPROVEMENTS
BE IT RESOLVED BY the City Council of Plymouth, Minnesota:
1. A certain petition submitted by Oscar Naustdahl requesting the
improvements of Revere Lane South of 45th Avenue in the Ginger Creek
Addition by the installation of street and utilities and all necessary
appurtenances, filed with the Council on August 17, 1987 is hereby
declared to be signed by the required percentage of owners and property
affected thereby. This declaration is made in conformity to Minnesota
State Statutes, Sections 429.035.
2. The petitioner has waived his rights to public improvement hearings and
special assessment hearings on this project.
3. The petition is hereby referred to Bonestroo, Rosene, Anderlik and
Associates, Inc., and he is instructed to report to the City 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 conjuntion with some other
improvement and the estimated cost of the improvement is 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
PETITION
July 23, 1987 "
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for
the installation of the following public improvements:
watermain, Storm Sewer & Bituminous street'/ concrete
curb & gutters and all necessary appurtn. on Revere Lane south
of 45th Ave. No. in outlot "C" Trenton Place. Also, the storm
sewer on the west side of the Outlot "C" south of 45th Ave. No.
Should the Council not approve said public improvements, or the petitioner elects
not to proceed with said public improvements, the petitioner agrees to reimburse
the City of Plymouth for any expense incurred for preparation of engineering
reports, plans, specifications, etc. for said public improvement.
NAME ADDRESS
0
45th AVE.
45th Ave. N.
Co. Rd. No. 9
REVERE LA. -TRENTON PL. PH.2
STREETS
PROJECT No.517
PLYMOUTH, MINNESOTA
PROPOSED STREET
THIS REPORT)
N
Ex. STREET
Scale:
Ia=
200'
BONESTROO, ROSENE, ANDERLIK
ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: JAN. 24,1985
FSG. No. 3
Comm. 70 213
PLYMOUTHCITY
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR BATON
CORPORATION "PARKSIDE AT MEDICINE LAKE" (A-338)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the reduction of the Site Performance Guarantee for Baton Corp-
oration for "Parkside at Medicine Lake", located southwest of County Road 9 and 41st
Avenue North. Upon receiving written certification from the developer's consulting
engineer, planning staff inspected the site at the developer's request and found the
improvements had been made as indicated; the following requirements remain:
1. Driveways
2. Winter Survivability of Plantings
3. "As -Built" Utility Plan
1. Resolution
2. Location Map
3. Resolution No. 85-644
A
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 BATON CORPORATION FOR PARK SIDE
AT MEDICINE LAKE (A-338)
WHEREAS, a Site Plan for Baton Corporation for Parkside at Medicine Lake, located
southwest of County Road 9 and 41st Avenue North, was approved under City Council
Resolution No. 85-644; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
Site Improvement Account in the amount of $600,000.00; arid,
WHEREAS, the City Council per Resolution No. 86-93 reduced this amount to $363,000.00;
and,
WHEREAS, the City Council per Resolution No. 86-746 reduced this amount to $254,500.00;
and,
WHEREAS, the City Council per Resolution No. 87-155 reduced this amount to $133,400.00;
and
WHEREAS, upon receiving written certification from the developer's consulting engineer,
City staff has inspected said site and recommends reduction of the Site Improvement
Account;
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 Site
Improvement Account from $133,400.00 which was submitted to guarantee site improvements
for Baton Corporation for Parkside at Medicine Lake located southwest of County Road 9
and 41st Avenue North, to $40,000.00.
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.
o
1
CITY OF PLYMOUTH
P
Pursuant to due call and notice thereof, a Special meeting of the City Council of
the City of Plymouth, Minnesota, was held on the 2Ath day of G„r.,+ . 19h.
The following members were present: MAa4nr navPnpnrt,, [_=tic1=erhPr: Cra i.;
SrhnPi-1Pr ane-+ Vacilinti `
The following members were absent: CntjnrilmamhPr NPilc
CnnnrilmPmhPr Crain introduced the following Resolution and moved its
adoption:
RESOLUTION NO. SS- 644
SETTING CONDITIONS TO RE '1ET PRIOR TO FILING OF AND RELATED TO FINAL PLAT AND APPROVAL
FOR REAFFIRMATION OF SITE PLAN FOR PARKSIDE AT MEDICINE LAKE FOR PARhSIDE AT MEDICINE
LAKE PARTNERSHIP (RPUD 76-1) (A-335)
WHEREAS, the City Council has approved the Final Plat and Development Contract „rid
Reaffirmation of Site Plan for Parkside at Medicine Lake as requested by Parkside at
Medicine Lake Partnership;
NOW, THEREFORE, BE IT HEREBY RESOLED BY THE CITY COUNCIL OF THE CIT1 OF PLYMOUTH,
MINNESOTA, that it should and nereb% does approve the following to be .met, prior to
recorcinq of, and related to said pla=:
1. Compliance with the Citv Engineer's htcnorand um.
2. Pa•.^ent of hark dedication fees -in -lieu of dedication in accorCance. with City
Policy in effect at the time of issuance of Buildina Permit.
3. tto BuiLdi-,Q Permits snalL he issued until a Contract has been awardt-t! for the con-
struction of nunicio.al se=wer ani water.
4. Rt -,oval of all dedd or dying tr-es from the propert} at the owner's exon-nse.
5. S.:bmittal of required utility afid raioage easerents as appro,el h: the Ci"%
E-,gineer prior to filing the Fina' Plat.
6. Ho Buiidiry Per -nits to he issued until the Final Plat is filed and r -corded :girt,
Hennepin Countv.
7. The Findl Plat mylars shall contain a statement noting that the plat is pdrt of
the dppru%ed RP.6 76-1 oer Section 9 of the Zonina Ordinance.
S. A:_,r.ro%ed. :3rd setbac-:s ars- per '^e RP'JD Site- Plan.
9. Pri,a'_F trails sh1:l cc,: srructe-d r)er Citi Stdn,]ards.
10. Total maximum number of units shall he 211 as designated on the approved plan.
Page two
Resolution Pio. S5- 644
11. Submission of required Site Improvements Performance Agreement and financi.31
guarantee for completion of site improvements.
12. Signage sh311 be in compliance with the Ordinance.
13. All waste and waste containers shall be stored within the structures.
The motion for adoption of the foregoing Resolution was duly seconded by _
Council -_-lar 'lasili^-j , and upon vote being taken thereon, the
following voted in favor thereof: "avor Davenport, Council-er--?rS Cec'n,
Schrei-'_r ant 'rasil o;
The following voted against or abstained: none
Whereupon the Resolution was declared duly passed and adopted.
OF PLYMOUTHCITY
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, '1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR RYAN
PROPERTIES, INC. (86144)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the reduction of the Site Performance Guarantee for Ryan Prop-
erties, Inc., located at 5095 Nathan Lane North. Planning staff inspected the site and
the following deficiencies and requirements remain:
1. Winter Survivability of Plantings
2. "As -Built" Utility Plan
1. Resolution
2. Location Map
3. Resolution No. 87-76
t.
a
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 RYAN PROPERTIES, INC. (86144)
WHEREAS, a Site Plan for Ryan Properties, Inc. located at 5095 Nathan Lane North was
approved under City Council Resolution No. 87-76; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a Bond in the amount of $119,250.00; arid,
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 Site
Performance Bond No. U667713 in the amount of $119,250.00 which was submitted to
guarantee site improvements for Ryan Properties, Inc. at 5095 Nathan Lane 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.
ft 1 -- ---i -1 a 1 " /// lilt
ar..
0
CITY OF PLYMOUTH
Pursuant to due call and iotice thereof, a regular meetl-ig of the City Council of the
City of Plymouth, Minnesota, was held on the 2nd day of February , 1987. The
following members were present: Mayor Schneider, Councilmembers Crain, Sisk, Vasiliou,
and Zitur The
following members were absent: none
Councilmember Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 87-76
APPROVING A SITE PLAN FOR RYAN CONSTRUCTION COMPANY (86144)
WHEREAS, Ryan Construction Company has requested approval of a Site Plan for the con-
struction of a 20,505 sq. ft. office/warehouse building at the southwest corner of 51st
Avenue and Nathan Lane; and,
WHEREAS, the Planning Commission has reviewed said request;
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 Ryan Construction
Company for a Site Plan to construct a 20,505 sq. ft. office/warehouse building at the
southwest corner of 51st Avenue North and Nathan Lane, subject to the following
conditions:
1. Compliance with City Engineer's Memorandum.
2. Provisions for a 20 -ft. wide trail easement per Comprehensive Park Plan, as veri-
fied by the Parks and Engineering Departments, with submittal of detailed plans as
to construction of the trail per City standards.
3. Payment of park dedication fees -in -lieu of dedication with appropriate credits in
an amount determined according to verified acreage and paving costs and according
to the Dedication Policy in effect at the time of Building Permit issuance.
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 approvals
per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
8. All waste and waste containers shall be stored within the structure and no outside
storage is permitted.
9. No Building Permit to be issued until the Lot Division is filed and recorded with
Hennepin County.
The motion for adoption of the foregoing Resolution was duly seconded by
Councilmember Zitur , 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.
N
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CHESLEY F.
CARLSON COMPANY (85137)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the reduction of the Site Performance Guarantee for Chesley F.
Carlson Company, located at 2700 Campus Drive. 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
2. Location Map
3. Resolution No. 86-168
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19_ The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR CHESLEY F. CARLSON COMPANY
85137)
WHEREAS, a Site Plan for Chesley F. Carlson Company, located at 2700 Campus Drive, was
approved under City Council Resolution No. 86-128; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a Letter of Credit in the amount of $108,255.00; 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. 589 in the amount of $108,255.00 which was submitted to guarantee site
improvements for Chesley F. Carlson Company, at 2700 Campus Drive, to $9,000.00.
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 and notice thereof, a regular meeting of the City Council of
the City of Plymouth, Minnesota, was held on the 3rd day of March , 19 i-
The following members were present: Mayor Schneider. Councilmembers Crain. Sisk.
Vasiliou and Zitur Tne
following members were absent: none
Councilmember Zitur introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 86-128
APPROVING SITE PLAN AND VARIANCES FOR R. JOHNSON CONSTRUCTION COMPANY FOR CHESLEY
CARLSON COMPANY (85137)
WHEREAS, R. Johnson Construction Company has requested approval of a Site Plan and
Variances for Chesley Carlson Company to construct an office/manufacturing/warehouse
facility southeast of Northwest Boulevard and Campus Drive; 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 R. Johnson Construction
Company for a Site Plan and Variances to construct an office/manufacturing/warehouse
facility southeast of Northwest Boulevard and Campus Drive, 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. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures on sites adjacent to, or containing any open storm water drainage
facility.
4. Submission of required financial guarantee and Site Performance Agreement for com-
pletion of site improvements to include the bus pullover.
5. Any signage shall be in compliance with the Ordinance.
6. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
7. All waste and waste containers shall be stored within the structure and no outside
storage is permitted.
8. No Building Permit to be issued until the Final Plat is filed and recorded with
Hennepin County.
PLEASE SEE PAGE TWO
Page two
Resolution No. 86-128
9. Approved Variances include the omission of a fire lane on the west side of the
building and, to allow 47.7 % impervious surface in the Shoreland Management Area.
10. At the time the City finds a need for the remaining 61 Ordinance required parking
spaces to be constructed, the owner shall provide this parking in accordance with
the approved site plan.
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
Zitur ,The following
voted against or abstained: none whereupon the
Resolution was declared duly passed and adopted.
8 1 ?r - q
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
RECOMMENDATION FOR REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART
CORPORATION (86014)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the reduction of the Site Performance Guarantee for Stuart Corp-
oration, located at 15300 37th 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
2. Location Map
3. Resolution No. 86-188
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION (86014)
WHEREAS, a Site Plan for Stuart Corporation, located at 15300 37th Avenue North, was
approved under City Council Resolution No. 86-188; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a Letter of Credit in the amount of $262,800.00; and,
WHEREAS, the City Council under Resolution No. 87-51 authorized the reduction of the
Letter of Credit to $147,800.00; 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. P1180 in the amount of $147,800.00 which was submitted to guarantee site
improvements for Stuart Corporation, at 15300 37th Avenue North, to $20,000.00.
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.
ti.
CITY OF PLYMOUTH
0
Pursuant to due call and notice thereof, a Regular meeting of the City Council of
the City of Plymouth, Minnesota, was held on the7th- day of April 1986.
The following members were present: Mayor Schneider, ouncilmem ers Crain,
Sisk, Vasiliou and Zitur The
following members were absent: none
Councilmember Sisk
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 86-188
APPROVING SITE PLAN, AND CONDITIONAL USE PERMIT FOR STUART NOLAN, STUART CORPORATION
86014)
WHEREAS, Stuart Nolan, Stuart Corporation, has requested approval of a Site Plan and
Conditional Use Permit for the construction of two apartment buildings for a total of
160 units west of Plymouth Creek and north of 37th Avenue North; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Stuart Nolan, Stuart
Corporation, for a Site Plan and Conditional Use Permit to construct two apartment
buildings west of Plymouth Creek and north of 37th Avenue North, subject to the
following conditions:
1. Compliance with City Engineer's Memorandum
2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedi-
cation Policy in effect at the time of Building Permit issuance. A 15 ft. trail
easement shall be provided along the northwest property line.
3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for
new structures on sites adjacent to, or containing any open storm water drainage
facility.
4. Submission of required financial guarantee and Site Performance Agreement for com-
pletion of site improvements.
5. Signage shall be in compliance with the Ordinance, per approved site plan.
6. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
7. Compliance with the Ordinance regarding the location of fire hydrants and fire
lanes.
PLEASE SEE PAGE TWO
Page two
Resolution No. 86- 188
8. All waste and waste containers shall be stored within the structure and no outside
storage is permitted.
9. No Building Permit to be issued until the Final Plat is filed and recorded with
Hennepin County.
10. A private trail shall be constructed from the fire lane to the northwest providing
access to the adjacent public trail.
The motion for adoption of the foregoing Resolution was duly seconded by _
Councilmember 7itur , and upon vote being taken thereon, the following
voted in favor thereof: Mayor Schneider- CnuncilmPmharc Crain- Sick,
Vatilinu and 7itijr The following
voted against or abstained: nnnp Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
Development Director
SUBJECT
RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR ARTOGRAPH
86089)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the release of the Site Performance Guarantee for Artograph,
located at 13205 16th Avenue North. Planning staff inspected the site and found all
site improvements have been completed.
1. Resolution
2. Location Map
3. Resolution No. 86-263
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 ARTOGRAPH (86089)
WHEREAS, a Site Plan for Artograph, located at 13205 16th Avenue North, was approved
under City Council Resolution No. 86-263; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a Letter of Credit in the amount of $113,150.00; and,
WHEREAS, the City Council under Resolution No. 86-811 authorized the reduction of the
financial guarantee to $41,000.00;
WHEREAS, upon notice from the developer, 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. 47279 in the amount of $41,000.00 which was submitted to guarantee site
improvements for Artograph, located at 13295 16th Avenue North.
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.
0
19
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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 5th day of May 1%6 .
The following members were present: Mayor Schneider, Councilmembers Crain,
Sisk, Vasiliou and Zitur The
following members were absent: none
Councilmember Sisk introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 86-263
APPROVING SITE PLAN AI4D VARIANCES FOR PAUL STORMO, ARTOGRAPH CORPORATION (86038)
WHEREAS, Paul Stormo, Artograph Corporation has requested approval of a Site Plan and
Variances, for the construction of an approximate 27.750 sq. ft. office/manufacturing/
warehouse building at 16th—Avenue North at Watertower Circle; 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 Paul Stormo, Artograph
Corporation for a Site Plan and Variances for the construction of an office/manufactur-
ing/warehouse building at 16th Avenue North at Watertower Circle, 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. 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. All waste and waste containers shall be stored within the structure and no outside
storage is permitted.
7. No Building Permit to be issued until the Lot Division/Consolidation is filed and
recorded with Hennepin County.
8. Approved variances include the location of a fire lane at 70 ft. from the building
on the west side.
The motion for adoption of the foregoing Resolution was duly seconded by _
Councilmember Zitur , and upon vote being taken thereon, the following
voted in favor thereof: Mayor c neider, Councilmembers Crain,
Sisk Vasiliou and Zitur The following
voted against or abstained: none Whereupon the
Resolution was declared duly passed and adopt
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: James G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR C.O.M.B.
COMPANY (87041)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the release of the Site Performance Guarantee for C.O.M.B. Com-
pany, located at 1405 Xenium Lane North. Planning staff inspected the site and found
all site improvements have been completed.
1. Resolution
2. Location Map
CITY OF PLYMOUTH A
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19_ The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR C.O.M.B. COMPANY (87041)
WHEREAS, a Site Plan Amendment for C.O.M.B. Company, located at 1405 Xenium Lane was
administratively approved on May 28, 1987; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a Bond in the amount of $150,050.00; and,
WHEREAS, upon notice from the developer that required site improvements had been
completed, City staff 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 Site Performance
Bond No. 400HJ5683 in the amount of $150,000.00 which was submitted to guarantee site
improvements for C.O.M.B. Company, located at 1405 Xenium Lane North.
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.
QC, 3
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987 for City Council Meeting August 17, 1987
TO: dames G. Willis, City Manager
FROM: Associate Planner Al Cottingham through Blair Tremere, Community
SUBJECT
Development Director
RECOMMENDATION FOR RELEASE OF SITE PERFORMANCE GUARANTEE FOR REYNOLDS
CONSTRUCTION, INC. FOR PERKINS RESTAURANT (86101)
SUMMARY: Staff recommends adoption of the attached Resolution authorizing
the release of the Site Performance Guarantee for Reynolds Con-
struction, Inc., for Perkins Restaurant located at 2945 Empire Lane North. Planning
staff inspected the site and found all site improvements have been completed.
1. Resolution
2. Location Map
3. Resolution No. 86-647
i
CITY OF PLYMOUTH 1
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19_ The
following members were present: _
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 87 -
AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR REYNOLDS CONSTRUCTION INC.
86101)
WHEREAS, a Site Plan for Reynolds Construction Inc., for Perkins Restaurant located at
2945 Empire Lane was approved under City Council Resolution No. 86-647; and,
WHEREAS, the developer submitted the required Site Performance Guarantee in the form of
a cash deposit in the amount of $6,525.00; and,
WHEREAS, the City Council under Resolution No. 87-50 authorized the reduction of the
cash deposit to $500.00; and,
WHEREAS, upon notice from the developer that required site improvements had been
completed, City staff 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 cash deposit in
the amount of $500.00 which was submitted to guarantee site improvements for Reynolds
Construction Inc., for Perkins Restaurant at 2945 Empire Lane North.
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.
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CITY OF PLYMOUTH
1
Pursuant to due call and notice thereof, a regular meeting of the City Council of theCityofPlymouth, Minnesota, was held on the 6th day of October . 1986. The
following members were present: Mayor Schneider,--Councilmembers Crain, Vasiliou, and
Zitur he
following members were absent: Councilmember Sisk
Mayor Schneider introduced the following Resolution and moved its
adoption:
RESOLUTION NO. 86-647
APPROVING A CONDITIONAL USE PERMIT SITE PLAN AMENDMENT AND VARIANCE FOR PERKINS FAMILY
RESTAURANTS AT 2945 EMPIRE LANE (86101)
WHEREAS, Perkins Family Restaurants has requested a Conditional Use Permit 51te Plan
Amendment and Variance to expand the restaurant at 2945 Empire Lane; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing and recommends approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Perkins FamilyRestaurantsforaConditionalUsePermitSitePlanAmendmentandVarianceforthe
expansion of the restaurant at 2945 Empire Lane, subject to the following conditions:
1. Submission of required financial guarantee and Sit Performance Agreement for
completion of site improvements.
2. Any subsequent phases or expansions are subject to required reviews and approvals
per Ordinance provisions.
3. Approved Variances include front yard setback to I-494 of 24 ft. vs. 50 ft.
4. The permit is subject to all applicable codes, regulations and Ordinances, and
violation thereof shall be grounds for revocation.
5. The permit is issued to the Perkins Family Restaurants as operator of the facilityandshallnotbetransferable.
6. The site shall be maintained in a sanitary manner.
7. Traffic island delineators, per the Landscape Policy, shall be installed at the
west end of the center parking spaces; minimum design standards and number of
spaces shall be maintained.
The motion for adoption of the foregoing Resolution was duly seconded byCouncilmemberCrain , and upon vote being taken thereon, the ollowinqvotedinfavorthereof: Mayor Schneider, Councilmembers Crain, and Zitur
The followinq
voted against or abstained: Councilmember Vasiliou Whereupon the
Resolution was declared duly passed and adopted.
40 +,F/4
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 12, 1987
TO: James G. Willis, City Manager
FROM: Sharon Reisinger, License Clerk L'1_/
SUBJECT Various License Applicatons
The City of Plymouth is in receipt of applications for various licenses. They
are as listed:
R
Cigarette: PYA Monarch
9605 - 54th AVe. No.
Taxi Drivers: Robert Exner Peter Klaus
James Van Tassel Alsen Turnidge
Ali Giarushi Bruce Kallenbach
Donald Langbehn Claes Lindahl
Jumb Mugabi Donald Loken
Jon Gangloff Mark Adair
Joseph Bibeau Gery Kerkow
Anthony Bates
All fees have been paid and investigations have been conducted as required for
licensing.
Attached is a resolution approving licenses for the above named applicants for
Council consideration.
1 `+
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 A 1987 CIGARETTE LICENSE APPLICATION
t
WHEREAS, application for a 1987 Cigarette License has been received from the
party listed below in accordance with Chapter SI, Section 1150.01 of the
City Code:
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that the cigarette license application from the party
listed below be approved for the period of August 17, 1987, through
December 31, 1987:
Twin City Vending Co., Inc.
1065 E. Hwy 36
St. Paul, MN
for
PYA Monarch
9605 - 54th Ave. No.
Plymouth, MN 55442
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the fo owing voted
in favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
meting of the Cit CouncilPursuanttoduecallandnoticethereof, a 9 y
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 TAXI DRIVER LICENSES
WHEREAS, applications from Yellow Taxi Corporation for additional Taxi Driver
licenses have been received for consideration and approval by the Plymouth City
Council in accordance with Plymouth City Code, Chapter 1146; and
WHEREAS, the Police Department has conducted investigations of the applicants
and finds no reason to deny the licenses requested;
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth,
Minnesota, that Taxi Driver licenses be approved for a period from August 11, 1987
through December 31, 1987 for the following:
Robert Exner
James VanTassel
Ali Giarushi
Donald Langbehn
Jumb Mugabi
Jon Gangloff
Joseph Gibeau
Anthony Bates
Peter Klaus
Alden Turnidge
Bruce Kallenbach
Claes Lindahl
Donald Loken
Mark Adair
Gery Kerkow
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the fo owing voted
n favor thereof:
The following voted against or abstained:
Whereupon the Resolution was declared duly passed and adopted.
i
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 13, 1987
TO: dames G. Willis, City Manager
FROM: Laurie Brandt, Clerk
SUBJECT ORDINANCE AMENDMENTS
Attached are two proposed amendments to the City Code. One is to update
Section 100.07 and the other would bring the Code into conformance with
the policy being followed regarding issuance of temporary malt liquor
licenses.
The first proposed ordinance change is housekeeping only and would make
all references to state statutes and laws refer to Minnesota Statutes
1986 and Minnesota Laws 1987 in lieu of the previous references to 1980
and 1981 respectively. This will be done annually hereafter as
recommended by the City Attorney.
The second proposed amendment deals with the issuance of temporary
on -sale malt liquor licenses. In March, 1982, the Council began a trial
period for the issuance of temporary malt liquor licenses to softball
teams who were conducting tournaments at either Zachary Playfield or
Plymouth Creek Park only. An administrative policy regulating the
licenses was adopted in November, 1982 and has been in effect ever
since, however, the City Code was not changed to include such sporting
events. There have been approximately six licenses issued for softball
tournaments since the trial began and no problems have been reported by
either the Park Department or the Police Department. This low number is
because of the high cost of dram shop insurance. Temporary on -sale
licenses for softball tournaments have been applied for by for-profit
team sponsors because they can afford the insurance. The proposed
ordinance would bring the Code into conformance with the policy by
allowing temporary malt liquor licenses for organizations other than
non-profit ones, for social or sporting events. The amendment is
recommended for approval.
Att.
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt
Dayle Nolan
John G. Kressel
Steven B. Schmidt
James M. Strommen
Ronald H. Batty
William P. Jordan
William R. Skallerud
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin
Paul E. Rasmussen
Steven M. Tallen
Mary Frances Skala
Christopher J. Harristhal
Timothy J. Pawlenty
Rolf A. Sponheim
Julie A. Bergh
LeFevere
Lefler
hennedN
O'Brien R
I)rawz
a Professional
Association
August 6, 1986
Ms. Laurie Brandt
City Clerk
City of Plymouth
3400 Plymouth Boulevard
Minneapolis, MN 55447
Re: Ordinance Code Amendment
Dear Laurie:
Enclosed you will find a draft ordinance amending
Subsection 100.07 of the City Code to bring all statuto-
ry code references up-to-date. I had thought that we
had done this on a regular annual basis, but I find that
is not the case. I will be sure to do this annually
hereafter.
The effect of this amendment is to make all references
to state law in the Code to the most recent statutes and
similarly to make all references to other codes adopted
by reference effective as of July 1 of this year. I
assume that this is the intent of the City, but you
might want to check with your various departments to see
that in fact they wish to have the most recent permit
fees adopted. Adoption of the ordinance will automati-
cal change the date of those various codes.
t s v ry truly,
David J. Kennedy
DJK:caw
Enclosure
I
ORDINANCE NO. 87
AN ORDINANCE RELATING TO STATUTES AND
CODES ADOPTED BY REFERENCE: AMENDING
PLYMOUTH CITY CODE, SUBSECTION 100.07.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Plymouth City Code, Subsection 100.07 is
amended to read:
100.07. Orticial Statutes; Codes, Regulations; and Ordi-
nances. References in this Code to Minnesota Statutes are
to Minnesota Statutes 1988 1986, and Laws 1981 1987, unless
otherwise provided in this Code. References in this Code to
Rules and Regulations of state agencies, codes and ordinanc-
es of other municipalities are to those documents in effect
on July 1, 1981 1987 unless otherwise provided.
Sec. 2. This ordinance is effective in accordance with
Plymouth City Code, Subsection 110.11.
Attest:
Clerk
0066OD03.FlS
Mayor
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt
Dayle Nolan
Brian F. Rice
John G. Kressel
James M. Strommen
Ronald H. Batty
William P. Jordan
Kurt J. Erickson
William R. Skallerud
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin
Paul E. Rasmussen
Steven M. Tallen
Mary F. Skala
Christopher J. Harristhal
Timothy J. Pawlenty
Rolf A. Sponheim
Lcll-(,N
Leder
hc ux d\
0'}1-X11 K
I)rawz
a Professional
Association
August 3, 1987
Mr. Frank Boyles
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
RE: Ordinance Amendment
Liquor Licenses
Dear Frank:
for Temporary On -Sale Malt
Enclosed is an Ordinance that would allow the City to
issue temporary non -intoxicating malt liquor licenses in
conjunction with either a social or sporting event to
entities other than clubs, charitable, religious, or
other non-profit organizations. It is my understanding
that the purpose of the requested amendment is to allow
organizations to apply for such licenses in conjunction
with softball games even though those organizations are
not non-profit ones.
Please contact me if you have any questions.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
J es J.
JJT/kjj
Thomson, Jr.
cc: Laurie Brandt
Enclosure
1
CITY OF PLYMOUTH
ORDINANCE NO. 87 -
AN ORDINANCE RELATING TO PUBLIC WELFARE;
AND TEMPORARY NON -INTOXICATING LIQUOR LICENSES;
AMENDING SUBSECTION 1206.07 OF THE PLYMOUTH CITY CODE
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Plymouth City Code, Subsection 1206.07 is amended to
read:
1206.07. Temporary Licenses. The City Council may issue
temporary on -sale licenses for the sale of non -intoxicating malt
liquor in conjunction with a social or sporting event.te-s-eitr ,
ehsrttable;--re43g3atis-&E--r_ e -r- -Wkteh-inss
beer--extster:ee-€ems-at-feast-tbee-yee9- This type of license
is valid for a maximum of three consecutive days. The fee for a
temporary license is set by Chapter X. The license shall specifywhetheritisvalidforuseonoroffthepremisesthelicensee
owns or permanently occupies. A temporary license shall be
issued for a specific period in which a special event to which
the sale is incident is being held and such period shall be
stated on the license.
Section 2. This Ordinance is effective on the date of its
publication.
Adopted this day of , 1987.
Virgil Schneider
Mayor
ATTEST:
Laurie Brandt
City Clerk
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
J
DATE: August 13, 1987 for City Council Meeting August 17, 1987
TO: Assistant City Manager Frank Boyles
FROM: Community Development Director Blair Tremere
SUBJECT REPORT CLARIFYING ORDINANCE AND POLICY PROVISIONS FOR TRAILS AND SIDEWALKS
SUMMARY: The City Council at the dune 22, 1987 meeting, directed that
staff should clarify the City Policies and Ordinances as they
relate to sidewalks to indicate 6 ft.; and, to clarify the relationship between trails
and sidewalks. I have coordinated the assembly of this information among Eric Blank,
Fred Moore, and dim Willis. A change of policy and/or ordinances is not recommended at
this time.
The Council direction came from a discussion after a project was approved where the
developer had shown a 5 -ft. wide sidewalk and staff had recommended a 6 -ft. wide side-
walk. The developer properly contended that the City Engineering Manual showed 5 ft.
as the City standard for sidewalks. The staff response at the time was that City side-
walk standards normally had been 6 ft.
The discussion also involved trail standards since the City standard width is 8 ft.
I have attached copies of a number of documents which indicate the following:
1. The City Engineering Manual indicates the standard width for sidewalks in Plymouth
if 5 ft.
2. The City Council, in 1981, adopted a Sidewalk Guide Plan for "Downtown" Plymouth
based on a November, 1980 memo from the Parks and Recreation Director. That memo-
randum explained that the proper sidewalk width for "Downtown" Plymouth should be
6 ft.
3. The City's Park Dedication Policy defines "sidewalk" (as a public walkway
constructed within the street right-of-way). That policy also states that if
sidewalks are constructed in the street right-of-way in -lieu of trail within a
development, no park dedication credit will be given.
4. The City Engineering standards relative to typical trail cross sections shows a
standard trail width of 8 ft.
5. The City standards call for sidewalks to be made of concrete; trails are to be
constructed of asphalt.
Page two
Memorandum to Assistant City Manager Frank Boyles
City Council Meeting August 17, 1987
August 13, 1987
It appears that the primary need is to assure a clear understanding by City personnel
and by developers of the applicable standards. This can be done by noting in the
Engineering Standards Manual, the "Downtown" Plymouth policy as it relates to
sidewalks.
Otherwise, there is not a need to change any policy or ordinance unless the Council
wishes to adopt a new standard. Research indicates, for example, that trails should be
a minimum 8 ft. wide to assure full bikeway usage in both directions. The 6 -ft. width
in the "Downtown" Plymouth area was meant to reflect the high priority pedestrian
access anticipated as the commercial center develops. The width is not only intended
to accommodate pedestrians, but also is intended to assure a full width adjacent to the
public street to facilitate maintenance, particularly in the winter months.
The basic sidewalk width standard is deemed appropriate for general use sidewalk else-
where in the City.
I intend to have a Information Sheet prepared which will summarize for developers, all
the standards in the different situations; this document will be made available to all
applicants whose developments are impacted by the requirements.
Attachments
Nc,iai I.VUll.11 icc liiy
June 22, 1987
Page 182
MOTION was made by Councilmember Crain, seconded by Councilm
ber Zitur, that the developer submit a sign package forCor cil
review.
Councilmember Zitur stated he would like to see the paq)age.
Councilmember Crain stated he would like to give them the oppor-
tunity to present what it would look like and ho it would be
maintained. t
Councilmember Sisk stated he could not support this because
other developers would want to make their atement with their
own types of signs.
Councilmember Vasiliou agreed and stat fb she doesn't know how
the City could, in the future, decideCao would receive designer
signage. She stated she would like i4ut from the Public Safety
Department.
Motion failed, two ayes. Mayor'Schneider and Councilmembers
Sisk and Vasiliou voted nay.
Director Moore stated thereire 5 ft. widewalks in other parts
of the City. Because the Cy may need to maintain these in the
future, he would recommen4^ hey be 6 ft.
Councilmember Crain ad , d that, because of the number of bikers
and walkers in the Pa ers Lake area, 6 ft. sidewalks would be
required.
MOTION was made Mayor Schneider, seconded by Councilmember
Vasiliou, direct g plans be changed to require 6 ft. sidewalks
in all cases a that the development contract indicate that the
City pay the cremental cost from a 5 ft. to a 6 ft. sidewalk
between Nia ra and Vicksburg Lanes on 18th Ave.
Motion caoied, five ayes.
Motion`Is twice amended carried on a Roll Call vote, five ayes.
MOTI was made by Councilmember Zitur, seconded by Councilmem-
be Crain, to adopt RESOLUTION NO. 87-426 SETTING CONDITIONS TO
B MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PARKERS
KE 2ND ADDITION FOR NORTHLAND LAND COMPANY (87006) (MPUD
3-1).
RESOLUTION NO. 87-426
SETTING CONDITIONS
FINAL PLAT, PARKERS
LAKE 2ND ADDN.
87006)
Item 7-C
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Vasiliou, seconded by Mayor
Schneider, 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.
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Plymouth
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Engineering
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CI 1 Y OF r L*11. iI'TH
Pursuant to due call and notice thereof, a regular meeting of
the ,City Council of the City of Plymouth, Minnesota was held on the
19th day of January , 19 81 . The following mi -embers were
present: Mayor Davenport, Councilmembers Hoyt, Neils, Schneider b Threiner
The following meribers were absent: None
Councilmember Schneider introduced the following Resolution and
moved its adoption:
RESOLUTION NO. 81-44
RESOLUTION ADOPTING A SIDEWALK GUIDEPLAN
FOR DOWNTOWN PLYMOUTH
WHEREAS, the City of Plymouth has approved a General Development Plan
for "Downtown Plymouth," and
the General Deveioi)ment Plan does no. include sidewalks for
r)c— strias traffic, and
WHEREAS, the City thinks it is in the best interest of the citizens ~
of Plymouth to include sidewalks with the development of "Downtown
Plymouth," and
WHEREAS, a proposed Sidewalk Guide Plan for "Downtown Plymouth" has
been reviewed by the City Council,
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the
City of Plymouth, Minnesota, that the proposed Sidewalk Guide Plan
as outlined by th6 Park .and Recreation director in his memo dated
Novem er 25, 1980, for "Downtown Plymouth" be adopted as part of
the General Developr,ent Plan fr;r "Downtown -Plymouth."
The motion for t:- adodt'%-o of th, forFq,)-*ng P-yoluticn wcs !1-ly sP,:o",d"'d by
F.a or DavenDort iipon yo"', 5, j aq Aen
of lo' na vot d i, l iayor there' t'a_ur )a _npo. t., Cc, , i lme
Neils: Ti.-rin.n---- ___ ----- _•
the oTtow r I -ct' iainsc-or atstd r= tJone
Whereup ii t! -,j 2:jolution ,as d-clared .jly v see a.;or, i
R CITY Or PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 5541
TELEPHONE (612) 559-2800
DATE: Nove:7ber 25, 1980 I 0 E l t 0
TO. Janes G. Willis, City Manager
F R Oh^, Eric Blank, Parks and Recreation Director
SUBJECT: Downta,n Plyr ou+.h Sidevalk Plan
The City of Plymuth conterplates the developrrent of "Da,,nta,n Plya muth"
in the vicinity of the City CeT)ter and Post Office, As a method to rraximize
user circulation, streets and sidewalks should be used to link use areas
and points of interest. The Street SvstL= is sr)ecifiedin the ThoroughfareGuidePlay.. A Sidewalk G—,;& Pl a_n for this area does not exist and longrang` plaz.ing efforts are ha. -pared without such a plan. The adoption
and il=rle-tntation of a Side,-_, k Guideplan will insure the provision
of safe, enjoyable, oonvel-dent and interc=nnecting routes to areas
of interest in Dok,nta,,n Plymouth.
The following goals are suggested to provide a statement of intent and
philosophy to guide Sidewalk pla-ning decisions.
RAIL M =IDERkTIOUS:
Goals
1. The sidewalks should provide safe, enjoyable, convenient and inter-
connecting routes serving areas of interest in Downta,n Plymouth. 2. The sidewalks should provide linkages integrated with the Trails
System.
FiNCTIONAL CiTSIDERATIONS :
Goals
1. The sidewalks should link use areas, points of interest and other
activity centers and link with adopted trail system of the City. 2. The sidewalks and roadway facilities should be spatially separated.
IESSIGN QTJSIDERATIONS:
Gbals
1. Sidewalk design should be directly oriented to identified uses.
2. AdE!qisate access points should be provided for the network, 3. Sidewalks should be contracted within the road right of way, separated
from the property line by no less than one foot.
4. Sidewalks should reflect prc-.,n stan^ards and construction criteria:
6' wide concrete with apprcr; ed sub base.' y i 1, k)
sid--%,alYs shall be thic•:c-i-_d to 6" with 10" x 10" wire mesh in
areas where dri,&_-ays cross the sidewalk
1•1=7o to Ja.--es G. Willis
Ra: Sla:"v:alk Plan
Paae 2
5. Side:alks should be designed so as to provide curb cuts at intersectio ns
to alla; for ease in crossing interse:.tions.
6. Construction of the side--,a]ks should be the responsibility or the
developer.
7. Park Dedication credit should not be crivan for the construction of
sida»alks.
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8. Developers will be rec-air. ' to proms ide access from their respectiv--
sites to the rraior side.:aiks with all side„-alks constructed accord n,7
to the sa^e specifications.
r,LT r.AtiCi CONS IDER-.TIQ;S :
Goals
1. The sidewalks should ae_ne_rate minim:-; maintenance recuire.-tints.
2. All sidewalk maintenance and repairs should be the responsibility of
the property owner over whose property the sidewalk is developed.
The City will have the authority to inspect and order repairs
be rm3a` to side,alks .
Sip --,;auks should be ke_c: free of sna.- and other hazardo:i
obstruz7tions .
W—E='AFC, S. -ri'l'l', AND SECURITY CC3'SIM-RATICt:S:
Goals
1. Design, construction and ra.intenance of the sidewalks is the responsi_hili
of the developer in accordance with the ado?ted Sidewalk Plan, desic,
standards and recrulations.
Zhe selection of sia;alk routes involves the analysis of several factor--
which actorswhichinfluencelocation, use or costs. Envi.ro-unental concerns, aesthetiz
crualities, safety factors as well as functional/operational co-isideration=
will determine the location of the sideral.}: routes for DantoAn Plymuth.
Dantc n Plymouth is adjacent to the City Center (Zxhibit A) and will
feature restaurants, a shopping mall, office buildings, medical clinic,
banks, a therm center, and apartment oor plexes serving elderly care
needs
I reoccrend the adopting of a Sidewalk network which addresses the stated
considerations and goals and which will provide for safe, enjoyable, con-
venient and intercomecting routes to areas of interest in Downtown Plyrouth
and to the adopted Trail System Plan.
Council ray want the Planning Cc ruission to react and give input to this
proposed Plan prior to adoption.
Eric J. Blank, Director
Parks and Fecreation
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B. To complete construct and pave all trails not identified in the City's
Trail Corridor Plan concurrently with the roads in their developments
i.e., grading with site grading and paving with street or parking lot
paving). No park dedication credit will be given for connecting these
trails to existing or proposed trails identified in the City's Trail
Corridor Plan.
C. To construct and pave all trails through and abuttinq their developments
identified in the City's Trail Corridor Plan. Such trail improvements
shall be undertaken at the same time as other public impovements are
installed within the development, (i.e., grading with site grading and
paving with street or parking lot paving). The City staff may recommend
deviation from this policy in the case of individual hardship in terms
of the timing of installation of such trail facilities. The City will
credit the cost of paving trails identified in the City's Trail Corridor
Plan against the development's total park dedication requirements. The
amount to be credited will be established at the time the final plat or
site plan is approved based upon prevailing engineering cost estimates
for such work as determined by the City.
D. If sidewalks are constructed In the street right-of-way In lieu of
trails within the development, no park dedication credit will be given.
A sidewalk is defined as a public walkway constructed within the street
right-of-way.
6. This policy is to be construed as part of and administered in conjunction
with Section 500.25 of the City Code.
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CROSS SECTIONS
Standard Pfate no. _ P- I
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CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: August 13, 1987 for City Council Meeting August 17, 1987
TO: Assistant City Manager Frank Boyles
FROM: Community Development Director Blair Tremere
SUBJECT REPORT ON QUESTIONS USED TO EVALUATE LAND USE GUIDE PLAN AMENDMENT
PROPOSALS
SUMMARY: The City Council indicated the need for a list of questions or
information items which could be used by the Planning Commission
and City Council to evaluate requests to amend the City's Comprehensive Plan and, in
particular, the Land Use Guide Plan Element (map). The Council indicated that this
would be used as an impact analysis tool.
The City of Plymouth has used a variety of checklists, primarily at the staff level, to
determine whether proposed changes to the Land Use Guide Plan had merit. The Amendment
of a Land Use Guide Plan is subjective in many respects, but yet can be evaluated using
criteria stated in the Plan itself or using a set of questions.
The responses and/or answers to the questions can then help the Planning Commission and
City Council to reach the basic policy question to which all proposals for amendment of
the Land Use Guide Plan are reduced: What is the highest and best use of the land?
The importance of this impact analysis is based upon the realization that the Compre-
hensive Plan is an integrated document of many Elements and Plans. These are all based
upon the Land Use Guide Plan Element which represents the ultimate development of the
City according to the scheme approved by the City following Public Hearing; and, the
determination as to the highest and best use of the land.
Changes to the Land Use Guide Plan Element then can be expected to have some impact up-
on other Elements; whether those impacts are good or bad, major or minor, or desirable
or undesirable, is the determination that is before the City when a request is made to
change the Plan.
The financial and fiscal impact cannot be ignored either since assessment policy and
Public Works project decisions are made on the basis of the standards in the Land Use
Guide Plan.
The Land Use Guide Plan is intended to be a guide for development of the City and thus
should be expected, over time, to have the flexibility for change. Proponents for
changing the plan, including the City, however, should be expected to bear the burden
of planning time and costs that are essential to a thorough understanding of the
i
Page two
Memorandum to Assistant City Manager for City Council Meeting August 17, 1987
August 13, 1987
changes that are advocated. Substantial investment was made by the City to develop the
Comprehensive Plan and changes to the Plan should be considered as thoroughly as the
original Plan. The process time does not need to be as extensive because the Plan
itself, for example, has criteria and guidance as to determining highest and best use.
Finally, the need for thorough examination and evaluation of all changes to the
Thoroughfare Guide Plan can be related to the expectations of the residents and
property owners throughout the City who made their investments and commitments based
upon the planning that the City had in place. While no one should expect that there
are guarantees that absolutely no changes would ever occur, everyone should have the
expectation that they can reasonably have faith in the Plan including the requirement
that Amendment of the Plan requires a thorough and complete analysis as well as a
Public Hearing.
I have attached a sheet which represents the current list of questions and information
items we use to evaluate proposals to amend the Comprehensive Plan; this has been
refined and updated periodically to reflect concerns expressed by the Planning Commis-
sion and City Council. I have also attached a copy of a checklist we provide to
petitioners. This checklist represents those informational items which we expect the
petitioner to address. The items in the checklist are derived from the other list. A
copy of the one used by staff is also provided to the applicant.
Attanhments
ITEMS TO BE ADDRESSED BY STAFF REPORTS FOR EACH APPLICATION TO AMEND
THE COMPREHENSIVE LAND USE GUIDE PLAN ELEMENT MAP
Each item must have a response, including "Not Applicable", if that should be the case.
1. Are the Locational Criteria of both the existing and proposed classifications
satisfied by the specific site? Explain.
2. Can the site be reasonably developed under the current classification? If not,
explain and demonstrate.
3. Is there a lack of developable property in the same classification as that pro-
posed? If so, is the proposed expansion supported by the Comprehensive Plan
Community Structure Concept? If not, explain the need for expansion.
4. Will other, undeveloped property in the classification proposed for this site be
adversely affected by this action? Will other, developed property in the proposed
classification, which might be subject to redevelopment/rehabilitation, be
adversely affected by this action?
5. How does the proposal demonstrate merit beyond the interests of the owner, pro-
ponent, or prospective developer of the site?
6. How does the proposal demonstrate that the new classification would be the highest
and best use of the site? What is the public need or community benefit?
7. What impact will the proposed change have upon the several Comprehensive Plan
Elements?
Transportation
Sanitary Sewer
Storm Drainage
Municipal Water
Housing
Capital Improvement Program
Official Controls (zoning, subdivision, environmental)
City Parks and Open Space
8. What would be the likely impact upon area utility charges; current and future
special assessments; current and future property tax assessments; and, per capita -
based municipal aids?
CHECKLIST OF ITEMS TO BE ADDRESSED BY APPLICANTS WITH EACH APPLICATION
TO AMEND THE COMPREHENSIVE LAND USE GUIDE PLAN ELEMENT MAP
NOTE: The City Council and Planning Commission require the Staff Report for your
application to address the questions and items on the attached list. The
checklist has been developed to identify those matters which need your
response and information. Your input will be incorporated with the staff
report. A copy of the Plan is available for examination at the City
Center; copies of sections or pages can be purchased. Please contact the
Community Development Coordinator if you have questions.
Each item must have a response, including "Not Applicable", if that should be
the case.
U Demonstrate whether the Locational Criteria of both the existing and
I
proposed classifications are satisfied by the specific site.
1 Demonstrate why the classification should be changed. Explain why the site
cannot be reasonably developed under the current classification.
U Is there a lack of developable property in the City which has the same
classification as that proposed?
If so, demonstrate that the proposed expansion is supported by the
Comprehensive Plan Community Structure Concept.
If not, explain the need for expansion.
0 As a result of this action, will there be an adverse impact upon:
Other undeveloped property in the classification proposed for this site?
Other developed property in the classification proposed for this site
which may be subject to redevelopment/rehabilitation?
u Demonstrate that the proposal has merit beyond the interests of the
proponent or of the prospective developer of the site.
U Demonstrate that the new classification would be the highest and best use
of the site. What is the public need or community benefit?
U What impact will the proposed change have upon the following Comprehensive
Plan elements?
Transportation (Detail Data to be Drawn from Traffic Study Conducted by
City, and paid for by Applicant)
Sanitary sewer (Calculate flow data based upon existing and proposed
uses using base data from the Plan)
Storm sewer (Particularly note on-site storage requirements)
Housing (Particularly the number and type of units that would be
realized or not realized)