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Home My WebLink AboutCity Council Packet 08-15-1988CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING AUGUST 15, 1988 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. PRESENTATIONS A. Optical Scan voting equipment B. Donation of Scoreboard 5. CONSENT AGENDA 6. MINUTES - Approval of Minutes of the Regular Council meeting of August 1, 1988 7. PUBLIC HEARINGS A. Assessment hearings: 1. Project 544, Fernbrook Lane north of C.R. 9 2. Project 648, S.O. Groves Office Park Area Phase I Improvements 3. Cleanup of nuisance property, 4300 Fernbrook B. Vacation of drainage easements on Outlot I, Steeplechase 3rd Addition and Outlot F, Steeplechase 5th Addition 8. PETITIONS, REQUESTS AND COMMUNICATIONS A. Carlson Properties. Preliminary Plat, Final Plat, and Site Plan for Plymouth Oaks at 13000 State Highway 55 (88056) B. Hans Hagen Homes. Rezoning, RPUD Preliminary Plan/Plat and Conditional Use Permit for "Harbor Place" located northeast of Harbor Lane and Gleason Lake Road (87124) C. Opus Corporation. Amending approval for the Tech West 55 Building at 14800 28th Avenue North 87119) D. Marcus Development Corporation. Amendment of Land Use Guide Plan Amendment approval for property in the northeast intersection of Highway 55 and West Medicine Lake Road (87066) E. Larry Lieder. Planned Unit Development Conditional Use Permit Amendment to allow the addition of a patio deck to 4840 Union Terrace Lane (Rolling Hills Park) F. Site Improvement Performance Agreement Financial Guarantee Releases: 1. Larson -Olson Building at 12811 16th Ave. N. 86053) 2. U-DO-Carwash at 14440 28th Place N. (85109) 3. LSI Corporation at 2100 Xenium Lane (85021) 4. Willow Creek Plaza at 9800 Shelard Plaza 86030) Project 813, 22nd Avenue in Steeplechase Addn. 5. Rockford Square located at 4400 Nathan Lane 85006) G. Site Improvement Performance Agreement Financial Guarantee Reductions: 1. Summer Place Apartments at 15300 37th Avenue N. (86014) 2. Mortenson Development Co. located at 4425 State Highway 169 (formerly County Road 18) 87120) 3. Vantage Companies located at 2405 Xenium Lane 85047) 4. Scoville Press located at 14505 27th Avenue N. (82062) H. Resolution approving Change Order No. 1 for Project 813, 22nd Avenue in Steeplechase Addn. I. Resolution approving Change Order No. 1 for 1988 Seal Coat Program J. Bond Reductions: 1. Weaver Addition (87081) 2. Lake Camelot Estates Addition (85114) 3. Bass Lake Plaza Addition (A-449) K. Ordinance allowing Fire Prevention Inspector to issue citations L. Gasoline service station license for Amoco Oil, 3955 Vinewood Lane N. M. Policy resolution requiring developers to install signage showing arterial roadways adjacent to, or bisecting plats N. Appointment of election judges for Primary and General Elections 0. duly 31, 1988 Financial Statement P. Resolution setting 1989/90 Budget hearing for September 13 at 8:00 p.m. 9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Brauer and Associates cost estimate for doing additional design work on Plymouth Creek Park 10. ADJOURNMENT CITY OF PLYMOUTH- 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 9, 1988 for City Council Meeting of August 15, 1988 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst, City Clerk SUBJECT PRESENTATION OF OPTICAL SCAN VOTING EQUIPMENT The 1988 Primary and General elections will be the first in which the City's new Optical Scan voting equipment will be used. As required by state law, the attached "Public Training Program" was established. Also attached is the Training Outline that will be used for Election Judge Training. Part of the Public Training Program is introduction of the equipment to the City Council. A three minute video tape will be shown and I will briefly comment on the equipment as it relates to overvotes, crossover votes, write-ins, and absentee voting. PUBLIC TRAINING FOR OPTI-SCAN VOTING EQUIPMENT 2. Introduction and demonstration of new equipment to City Council 8-15 3. Introduction and hands-on demonstration of equipment to election chair- persons 8-1 4. Introduction and hands-on demonstration of equipment to election judges at judges training sessions 8-31 5. One Opti -Scan counter on display in reception area (Publicize on Channel 37 character generator and newspaper) 7-15 6. Article in Plymouth on Parade (Sept. -Oct. issue) 8-29 7. Provide news release on new equipment to POST, Sailor, and Wayzata 8-29 Weekly 8. Purchase three minute VHS tape on new equipment and show: 7-11 A. Before Council meeting prologue 8-1 B. At breaks during the Council meetings C. Immediately following adjournment of Council meetings D. At various times the two weeks immediately preceding an election 9-1 DATE 1. Distribution of "Optical Scan - An Easy Way to Vote": A. One copy in each Plymouth on Parade (Sept. -Oct. issue) 8-29 B. Available at information and cashier counters 7-11 C. Mail to homeowners associations with notice that we have addi- tional copies and to contact City Clerk for further information 8-15 D. One copy with each new voter registration card 7-11 2. Introduction and demonstration of new equipment to City Council 8-15 3. Introduction and hands-on demonstration of equipment to election chair- persons 8-1 4. Introduction and hands-on demonstration of equipment to election judges at judges training sessions 8-31 5. One Opti -Scan counter on display in reception area (Publicize on Channel 37 character generator and newspaper) 7-15 6. Article in Plymouth on Parade (Sept. -Oct. issue) 8-29 7. Provide news release on new equipment to POST, Sailor, and Wayzata 8-29 Weekly 8. Purchase three minute VHS tape on new equipment and show: 7-11 A. Before Council meeting prologue 8-1 B. At breaks during the Council meetings C. Immediately following adjournment of Council meetings D. At various times the two weeks immediately preceding an election 9-1 ELECTION JUDGE TRAINING OUTLINE 1. Introduction/ Opening Remarks read election judge eligibility requirements refer to handicapped accessibility of polling location special instructions; supply pick-up, head judge duties, etc. offices on the ballot for the primary and general election 2. Overview of new voting equipment 3. 4. show equipment and explain use of: ballot box voting booth transfer case Opening the Polls vote tabulator prom (memory) pack positioning of vote tabulator verifying ballot against tabulator tape public counter at zero completion of "Official Certification" sheet supply verification posting required materials setting up the polling location area for efficient traffic flow Voting Process a. Demonstration Judge explain duties of the demonstration judge explain importance of properly instructing voter on marking their ballot correctly explain cross -overs in a primary election explain write-ins in a general election b. Election Day Registration Judge explain precinct finder explain each item required for proper completion of registration card explain proof of residence requirements and identification stress voucher requirements and completion of forms explain eligibility requirements explain college lists as identification, if applicable. c. Election Precinct List Judge explain challenge if indicated by voter's name on printout explain emergency voting situations and process explain process for voter eligibility determination and signing of election precinct list Election Judge Training Outline Page 2 d. Ballot Judge numbering of voter receipts initialling of ballots procedure of handing out ballots maintaining traffic flow spoiled ballots e. Floater/Vote Tabulator Judge providing assistance to voter at voter tabulator when requested dealing with problem situations responding to error messages printed by vote tabulator 5. Election Day Situations a. Providing assistance to voters - explain options available to voter explain "Oath of Eligibility" form requirements and completion b. Challengers/ Poll Watchers explain purpose of challenger/poll watcher explain what they can and cannot do c. Persons allowed in the polling location explain who is allowed in the polling location explain general public accessibility when the polls close d. Conduct in and near the Polling Location explain exit polling requirements explain law - influencing voters 6. Other Election Day Procedures a. Absentee Voting/Ballots Each municipality will explain the procedures unique to their jurisdiction. b. Duplicating ballots explain procedures (see page 53 of Election Judge Manual) stress the section on the absentee ballot bar code c. Inoperable Vote Tabulator explain the procedure to follow if the vote tabulator becomes inoperable Election Judge Training Outline Page 3 7. Closing the Polls explain the procedure on obtaining the results tapes explain the procedure on completion of the results tapes refer to supplies checklist page in Election Judge Manual and explain proper return of supplies secure voting equipment for pick-up per instructions from headquarters 8. Election Judge Training Video show as back-up enhancement to classroom training MEMO 4-5 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 10, 1988 TO: James G. Willis, City Manager FROM: Eric Blank, Director of Parks and Recreation C SUBJECT: DONATION - SCOREBOARD FOR OAKWOOD PLAYFIELD Greg Baufield, representing the Wayzata Youth Football Association, will be present at the Monday evening Council meeting to present a $4,000 electronic scoreboard and a $1,000 check to the City of Plymouth in honor of Gordy Engel's contribution to youth athletics in this area. Mr. Engel has been deeply involved in youth sports in the Wayzata school district for many years. He has been most prominent in youth football and basketball programs as a director, coach and sponsor. The scoreboard is a large, electronic scoreboard made by the same manufacturer currently in use at the Zachary Playfield. The $1,000 cash donation is to be used to pay for the installation and electrical hook-up of the scoreboard. The scoreboard will be placed on the north end of field B at Oakwood Playfield. , This is the primary field for all of the youth football played during the fall season. The scoreboard will be available for community use for soccer and football throughout the year. EB/np C; I N U 1 E S 4-- REGULAR COUNCIL MEETING AUGUST 1, 19Sb A regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on August 1, 1988. PRESENT: Mayor Schneider, Councilmembers Ricker, Sisk, Vasiliou, and Zitur, City Manager Willis, Assistant City Manager Boyles, Planning Director Tremere, Public Works Director Moore, Finance Director Hahn, City Attorney Thomson, and City Clerk Rauenhorst ABSENT: None CONSENT AGENDA MOTION was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA Zitur, to approve the consent agenda. Item 4 Motion carried on a Roll Call vote, five ayes. MINUTES Councilmember Sisk, MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES Zitur, to approve the minutes of the July 25 Special Council Item *5 Meeting. AWARDING SALE OF Motion carried on a Roll Call vote, four ayes, Vasiliou OBLIGATION TAX INCREMENT BONDS, SERIES 1988A; abstained. FIXING THEIR FORM PETITIONS, REQUESTS AND COMMUNICATIONS DIRECTING THEIR EXECUTION Finance Director Hahn reported on bids received for two general GENERAL OBLIGATION obligation bond issues. He recommended award to the bidder with BOND ISSUES the highest and best bid submitted in each case. Councilmember Ricker noted that the City attaining a Aa bond rating from Moody's Investors Service is very positive. Steve Apfelbacher, Ehlers and Associates, stated that these bonds are some of the first in the state sold as book entry bonds and noted no negative impact on the interest rates. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-433 Ricker, to adopt RESOLUTION NO. 88-433 AWARDING THE SALE OF AWARDING SALE OF 1,025,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A; 1,025,000 GENERAL FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION OBLIGATION TAX AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. INCREMENT BONDS Item 6-A Motion carried on a Roll Call vote, five ayes. Regular Council Meeting August 1, 1988 Page 208 MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-434 AWARDING THE SALE OF 3,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. Motion carried on a Roll Call vote, five ayes. David Johnson, Dale Simonson, and Steven Krause appeared before the Council presenting a request for approval of the Oakwood Square Shopping Center Master Sign Plan and Unocal Service Station Sign Plan with variances at the northeast corner of 14th Avenue North and Highway 101 (86138). Mr. Simonson requested that a traditional price sign be allowed for the service station, as well as more than one logo permitted on the canopy. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-435 APPROVING SIGN PLAN VARIANCES FOR DAVID C. JOHNSON FOR "UNOCAL" SERVICE STATION 86138), with the language in Condition No. 1 to include a second building (canopy) sign. Motion carried on a Roll Call vote, five ayes. Mr. Simonson explained that the roofline of Oakwood Square Shopping Center as constructed provides less wall space for calculating allowable sign area than a comparable center with a typical roofline and there are more tenants than anticipated requiring additional signs. He requested at a minimum that they be allowed to reassign square footage from the sides of the building to the front. Director Tremere explained the ordinance provisions for calculating area for wall signs. Manager Willis stated that the mansard -type roof design that was reviewed and approved by the City Council is different that what was constructed. The plans reviewed by the Council require a continual mansard -type treatment around the roofline, which the building does not have. Had the building been constructed the way it was intended, the mansard -like area could be included in sign area calculations. The Council noted earlier discussions regarding the development being compatible with the neighborhood and the need for transition and screening of rooftop equipment as a buffer for the residential area. RESOLUTION NO. 88-434 AWARDING SALE OF 3,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS Item 6-A DAVID JOHNSON, OAKWOOD SQUARE SHOPPING CENTER MASTER SIGN PLAN WITH VARIANCES (86138) Item 6-B RESOLUTION NO. 88-435 APPROVING SIGN PLAN FOR DAVID C. JOHNSON FOR UNOCAL SERVICE STATION, (86138) Item 6-B Regular Council Meeting August 1, 1988 Page 209 Councilmember Ricker noted that this information was not available to the Planning Commission and moved, seconded by Councilmember Zitur, to refer this request back to the Planning Commission for review of the new information and recommendation. The applicant's attorney noted that they would like this issue resolved now because of pending leases. Mr. Krause explained that the change in roof design from the approved plans was not intentional. The applicant believed that the roof was constructed as designed and the plans were not clear. Councilmember Sisk noted problems with the handicapped access which is directly off the main entrance from County Road 6. He stated that this access is not acceptable and could pose a hazard. He also cited Zoning Ordinance requirements for screening rooftop equipment, especially where there is residential abutment. Responding to a request by the petitioner, Director Tremere stated that density of sign square footage cannot be transferred from one area or type of sign to another. He stated that the Planning Commission looked strictly at variance criteria when evaluating the application, and he questioned whether the "new" information would be applicable for reconsideration by the Planning Commission. SUBSTITUTE MOTION was made by Councilmember Sisk, seconded by RESOLUTION NO. 88-436 Councilmember Ricker, to adopt RESOLUTION NO. 88-436 MASTER SIGN MASTER SIGN PLAN FOR PLAN FOR DAVID C. JOHNSON FOR OAKWOOD SQUARE SHOPPING CENTER OAKWOOD SQUARE 86138), wherein installation of an aggregate maximum 270 sq. SHOPPING CENTER, ft. of wall signage would be allowed, using allowable square (86138) footage from the sides, if necessary. Item 6-B Motion carried on a Roll Call vote, four ayes, Zitur nay. MOTION was made by Councilmember Zitur, seconded by RESOLUTION NO. 88-437 Councilmember Ricker, to adopt RESOLUTION NO. 88-437 APPROVING AMEND SITE PLAN AMENDMENT TO SITE PLAN APPROVAL FOR DAVID C. JOHNSON FOR OAKWOOD CONDITION FOR OAKWOOD SQUARE SHOPPING CENTER RELATIVE TO COMPLETION OF LANDSCAPING SQUARE RETAIL CENTER 86138). (86138) Item 6-C Motion carried on a Roll Call vote, five ayes. Mike Eicher, Pump and Meter Service, and Richard Linn, Pump and Meter Service applicant, requested approval of a conditional use permit site (88030) plan amendment and variance for a Standard Station located at Item 6-D the northeast corner of Highway 55 and Southshore Drive 88030). Regular Council Meeting August 1, 1988 Page 210 In response to a question by the petitioner, Manager Willis explained that the Planning Commission viewed only the Zoning Ordinance variance criteria in making their recommendation of denial. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-438 Ricker, to adopt RESOLUTION NO. 88-438 DENYING THE CONDITIONAL DENYING CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR PUMP AND METER SERVICE, USE PERMIT AND INC., FOR LINN, INC. (AMOCO SERVICE STATION, 10910 OLSON VARIANCE FOR PUMP AND MEMORIAL HIGHWAY) (88030). METER SERVICE (88030) Item 6-D Motion carried on a Roll Call vote, five ayes. APPROVING AMENDMENT TO Tom Bisanz, United Properties, Ron Erickson, Korsunsky Krank UNITED PROPERTIES/ Erickson Architects, Mike Scott, Jackson -Scott & Assoc., and LAUKKA DEVELOPMENT CO. Gene F. Ernst, requested Planned Unit Development Conditional PUD CONDITIONAL USE Use Permit Amendment and Variance for a Master Sign Plan for PERMIT AMENDMENT AND Parkers Lake North MPUD (87006). The following amendments were VARIANCE FOR MASTER requested to the proposed resolution: amending Condition No. 6 SIGN PLAN FOR PARKERS to designate median signs, Condition 9A to allow 32 "Area LAKE NORTH MPUD Identification" signs and 26 "Subdivision Monument" signs, 87006) Condition 9B to allow an aggregate 808 sq. ft. sign area and 23 Item 6-E sq. ft. for each "Subdivision Monument" sign, and Condition 9C to allow two Area Identification signs aggregating 196 sq. ft. Discussion was held on the request for median signs. Manager Willis recommended that median signage be prohibited to avoid possible sight obstruction at intersections. Attorney Thomson verified that the zoning ordinance prohibits signs in the right-of-way, with the exception of temporary signs. He stated that the Council would need to amend the ordinance if they wished to grant approval for median signs such as those requested. Councilmember Sisk noted that, from the slides shown of the area, signs are currently existing in the median right-of-way. Director Tremere questioned whether permits had been taken and said this would be checked. Mayor Schneider questioned the construction material of the signs and whether plastic would be used. Mr. Bisanz stated that materials other than plastic would be used except for the lettering. Mr. Ernst clarified that only two signs were sought for the industrial area. RESOLUTION NO. 88-439 MOTION was made by Councilmember Sisk, seconded by Councilmember APPROVING AMENDMENT TO Ricker, to adopt RESOLUTION NO. 88-439 APPROVING AN AMENDMENT TO P.U.D. PREL. PLAN/PLAT THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND FINAL AND FINAL PLAT AND PLAT AND CONDITIONAL USE PERMIT FOR PARKERS LAKE NORTH FOR A C.U.P. FOR PARKERS MASTER SIGN PLAN AND VARIANCES FOR UNITED PROPERTIES, INC. AND LAKE NORTH FOR A LAUKKA DEVELOPMENT COMPANY (87006) (MPUD 83-1), with the changes MASTER SIGN PLAN AND in Condition No. 9 as requested by the petitioner, and with the VARIANCES FOR UNITED addition of Condition 9D: "No variances for construction in any PROPERTIES road median is granted or implied." 87006), Item 6-E Regular Council Meeting August 1, 1988 Page 211 MOTION to amend was made by Mayor Schneider, seconded by Councilmember Zitur, with the addition of Condition No. 10: "The sign construction materials shall be as presented by the petitioner and shall not be plastic." Motion to amend carried, five ayes. MOTION to amend was made by Mayor Schneider, seconded by Councilmember Zitur, to include in Condition No. 9D "public or private medians or right-of-ways." Motion to amend carried, five ayes. MOTION to amend was made by Mayor Schneider, seconded by Councilmember Ricker, that the prohibition of plastic shall exclude the acrylic letters on the industrial signs. Motion carried, five ayes. Main motion as amended three times carried on a Roll Call vote, five ayes. Mayor Schneider called a five minute recess. The meeting was reconvened at 9:25 p.m. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-440 APPROVING LOT DIVISION FOR THE CITY OF PLYMOUTH (88063). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-441 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR THE CITY OF PLYMOUTH (88063). Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-440 APPROVING LOT DIVISION CITY OF PLYMOUTH 88063 ) Item *6-F RESOLUTION NO. 88-441 SETTING CONDITIONS TO BE MET PRIOR TO FILING 88063) Item *6-F The representatives of United Properties presented the request UNITED PROPERTIES, for Planned Unit Development Preliminary Plan/Plat for "Town TOWN CENTRE AT PARKERS Centre at Parkers Lake", a proposed neighborhood convenience LAKE, (88065) center east of Vicksburg Lane, south of 22nd Avenue North 88065) . Director Tremere presented the staff report. The Planned Unit Development ordinance states that "consideration will be given to the integration of small retail convenience centers, and medical and professional offices within an RPUD, provided such uses are designed and intended primarily for use of the residents in the development and not in conflict with the intent of the Comprehensive Municipal Plan as to maintaining the Regular Council Meeting August 1, 1988 , Page 212 integrity of the neighborhood concept." The zoning is residential, not commercial. This is the first such center proposed in an RPUD and the Council needs to determine the mix of appropriate uses. A "cattle underpass" exists under Vicksburg Lane. The Engineer has recommended that this crossing be abandoned and an on -grade trail be established with semaphore installation at 22nd Avenue North and Vicksburg Lane which traffic warrants. The petitioner has proposed a service access onto Vicksburg Lane which is in contradiction to the City Engineer's recommendation and City practice that there be no private drive access from or onto Vicksburg Lane. Also to be determined is whether the developer is resonsible for the full cost of installing the semaphore which is needed because of the commercial center. Councilmember Sisk noted that there could be a vast increase in magnitude of traffic generated by the proposed uses in the retail center. In 1983, 1,200 vehicles per day were projected at this intersection. He stated his concern of the creation of a potential hazard by allowing access onto Vicksburg. Director Moore explained the several traffic studies and stated that current estimates are 6,800 vehicles per day, but would vary by actual uses. Mr. Ron Erickson commented on the City's study and the responses to it by their consultant, BRW, Inc. Mr. Bisanz stated that they have always proposed a four acre site and are utilizing only 60% of the potential use of the site. He further stated that the semaphore need or installation does not exist today and he will work with the City when the need is apparent. Mr. Bisanz requested that the Council allow him to work with staff to develop a group of appropriate uses for a neighborhood retail center, but that approval be given immediately to a convenience/gas store. Discussion was held on how to categorize or limit the number or types of uses to avoid excessive traffic generation to the site. Mayor Schneider questioned the validity of some of the uses proposed by the applicant for a "neighborhood" retail center. Councilmember Sisk objected to the proposed service drive onto Vicksburg Lane, citing traffic safety problems. Mr. Bisanz introduced his marketing consultant, Mike Scott, and an extensive discussion ensued regarding the uses appropriate for the center. Mayor Schneider stated the need for signals was a function of the intensity of uses in the center. The key issue is the size of the center and the mix of uses. Regular. Council Meeting August 1, 1988 Page 213 MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to approve the request, changing Condition No. 11 so as to limit the generation rate of vehicles in and out of the center to a maximum of 6,800 trips per day. Mr. Bisanz stated that he could not accept that limitation from a marketing perspective. He suggested tabling the matter of use mix so it could be worked out with staff. Motion to amend was made by Councilmember Vasiliou, seconded by Councilmember Sisk, to change Condition No. 11 to add "No uses for the center are approved at this time." SUBSTITUTE MOTION was made by Mayor Schneider, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88-442 APPROVING MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT FOR UNITED PROPERTIES FOR TOWN CENTRE AT PARKERS LAKE (88065) with Condition No. 11 to read: "No uses are approved at this time, except a convenience/gas store not to exceed 5,000 square feet and the proposed mix of uses shall have a maximum traffic generation rate of 6,800 trips per day. Councilmember Sisk verified that this action prohibits the private drive onto Vicksburg Lane and leaves the issue of signals at this intersection open for further discussion. MOTION to amend was made by Councilmember Sisk, seconded by Councilmember Zitur, to provide for an on -grade trail crossing at 22nd and Vicksburg and to abandon the "cattle crossing", revising the July 7, 1988 Engineers Memorandum at Item 24C). Motion to amend and'second were withdrawn. MOTION to amend was made by Mayor Schneider, seconded by Councilmember Zitur, for Condition No. 9 to read "No final approval is given or emphasized for site details such as setbacks, parking, landscaping, and circulation including the City trail and pedestrian access across Vicksburg; these will be addressed with the final plat and plan." Motion to amend carried, five ayes. Main motion as amended carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-442 P.U.D. PREL. PLAN PLAT TOWN CENTRE AT PARKERS LAKE (88065) Item 6-G MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-443 Zitur, to adopt RESOLUTION NO. 88-443 APPROVING A CONDITIONAL CUP AMENDMENT TO ALLOW USE PERMIT AMENDMENT AND VARIANCE FOR SIGNAGE FOR LUNDGREN MONUMENT SIGNAGE BROTHERS CONSTRUCTION COMPANY FOR THE VICKSBURG WEST PLANNED (88080) UNIT DEVELOPMENT (MPUD 83-1) (88080). Item *6-H Motion carried on a Roll Call vote, five ayes. Regular Council Meeting August 1, 1988 Page 214 MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-444 APPROVING LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH (88075). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-445 SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH (88075). Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-444 LOT CONSOLIDATION DIVISION CITY OF PLYMOUTH 88075) Item *6-I RESOLUTION NO. 88-445 SETTING CONDITONS TO BE MET PRIOR TO FILING 88075) Item *6-I MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-446 Zitur, to adopt RESOLUTION NO. 88-446 CONDITIONAL USE PERMIT AND CUP AMENDMENT RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AMENDMENT FOR HAROLD HAROLD LEYSE, (88076) K. LEYSE (88076) RPUD 75-2). Item *6-O Motion carried on a Roll Call vote, five ayes. William Munsinger, applicant, and Andy Schaefer, 330 2nd Ave. South, requested a Conditional Use Permit to operate a gymnastics school in the Industrial District in the southwest corner of Fernbrook Lane and 28th Place North. Mr. Schaefer stated that a high ceiling clearance is needed for this type of activity and can rarely be found outside of industrial areas. MOTION was made by Councilmember Vasiliou, seconded by RESOLUTION NO. 88-447 Councilmember Zitur, to adopt RESOLUTION NO. 88-447 APPROVING A C.U.P. FOR WILLIAM CONDITIONAL USE PERMIT FOR WILLIAM MUNSINGER - MUNSINGER MUNSINGER, (88078) GYMNASTICS FOR A GYMNASTICS CENTER AT THE SOUTHWEST CORNER OF Item 6-K FERNBROOK LANE AND 28TH PLACE NORTH (88078). Mayor Schneider stated that he did not believe this was a compatible use in the industrial area. Motion carried on a Roll Call vote, four ayes, Schneider nay. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to direct staff to review the language of the Zoning Ordinance and Comprehensive Plan industrial classification to consider inclusion of participative athletic uses within the industrial areas in office/warehouse structures. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-448 Zitur, to adopt RESOLUTION NO. 88-448 APPROVAL OF A CONDITIONAL_ ., CITY OF USE PERMIT FOR THE CITY OF PLYMOUTH TO ALLOW THE ALTERATION OF PLYMOUTH, 10TH AVENUE THE FLOODWAY TO CONSTRUCT "NEW" 10TH AVENUE NORTH FROM NORTH, (88082) SOUTHSHORE DRIVE TO THE EAST SIDE OF BASSETTS CREEK (88082). Item *6-L Motion carried on a Roll Call vote, five ayes. Regular Council Meeting August 1, 1988 Page 215 Kelly Doran, Vantage Company, and O.D. McCroe, Heise-Riener- McCroe Architects, requested approval of Land Use Guide Amendment and Planned Unit Development Concept Plan for Highpointe Business Center" at the northwest corner of County Road 9 and I-494 (88054). Director Tremere stated that the Council had denied a similar Land Use Guide Plan Amendment for Vantage Companies on March 21, 1988. A new application was submitted and the area was subsequently reduced in scale but retained the key mechanical feature of the Planned Unit Development process. MOTION was made by Councilmember Sisk to adopt a resolution approving Land Use Guide Plan Amendment for Vantage Companies located at the northwest quadrant of I-494 and County Road 9. Motion died for lack of a second. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-449 DENYING LAND USE GUIDE PLAN AMENDMENT FOR VANTAGE COMPANIES LOCATED AT THE NORTHWEST QUADRANT OF I-494 AND COUNTY ROAD 9 (88054), for the same reasons set forth in Resolution No. 88-186 and for the reason that the applicant has not demonstrated that anything has changed since that time. Mayor Schneider endorsed the motion citing the fact that not all the land in this quadrant was included. Motion carried on a Roll Call vote, Zitur, Vasiliou, Schneider ayes; Ricker and Sisk nays. VANTAGE COMPANIES LAND USE GUIDE PLAN AMENDMENT AND P.U.D. NW CORNER OF C.R. 9 AND I-494 (88054) Item 6-M RESOLUTION NO. 88-449 DENYING LAND USE GUIDE PLAN AMENDMENT FOR VANTAGE COMPANIES 88054) Item 6-M MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-450 Zitur, to adopt RESOLUTION NO. 88-450 ACCEPTING BID FOR 1988 ACCEPTING BID FOR 1988 STREET IMPROVEMENTS, PROJECT NO'S 517, 720, 813 AND SCHMIDT LAKE STREET PAVING PROJECT ROAD. Item *6-N-1 Motion carried on a Roll Call vote, five ayes. Motion was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-451 Councilmember Zitur, to adopt RESOLUTION NO. 88-451 AWARDING AWARDING BID FOR C.R. BID, COUNTY ROAD 6/I-494 INTERCHANGE CITY PROJECT NO. 250. 6/I-494 BRIDGE Item *6-N-2 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-452 Zitur, to adopt RESOLUTION NO. 88-452 REVISING DEVELOPMENT REVISING DEVELOPMEITT CONTRACT FOR PRIME WEST BUSINESS PARK 2ND ADDITION FOR PRIME CONTRACT FOR PRIME DEVELOPMENT CORPORATION (88058). WEST BUSINESS PARK 2ND ADDITION (88058) Motion carried on a Roll Call vote, five ayes. Item *6-0 Regular Council Meeting August 1, 1988 Page 216 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-453 Zitur, to adopt RESOLUTION NO. 88-453 ORDERING PUBLIC HEARING ON ORDERING PURETC THE PROPOSED VACATION OF DRAINAGE AND UTILTTY EASEMENT IN LOT 49 HEARING ON VACATION OF BLOCK 1, RYAN BUSINESS CENTER. EASEMENT ON L 4, BL 1, RYAN BUSINESS CENTER Motion carried on a Roll Call vote, five ayes. Item *6-P MOTION was made by Councilmember Sisk, seconded by Councilmemer RESOLUTION NO. 88-454 Zitur, to adopt RESOLUTION NO. 88-454 APPROVING PLANS AND PLANS AN S ECIFICA- AGREEMENT FOR TRAFFIC CONTROL SIGNAL, COUNTY ROAD 9 AT FERNBROOK TIONS FOR TRAFFIC LANE, CITY PROJECT NO. 764. SIGNAL AT C.R. 9 AND FERNBROOK Motion carried on a Roll Call vote, five ayes. Item *6-Q MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-455 Zitur, to adopt RESOLUTION NO. 88-455 CONSTRUCTION COOPERATIVE AGREEMENT WITH AGREEMENT, COUNTY ROAD NO. 6, CITY PROJECT NO. 250. HENNEPIN COUNTY FOR C.R. 6/I-494 BRIDGE Motion carried on a Roll Call vote, five ayes. Item *6-R MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-456 Zitur, to adopt RESOLUTION NO. 88-456 INSTALLATION OF STOP SIGNS IN ALLA ION F STOP in various locations. SIGNS Item *6-S Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-457 Zitur, to adopt RESOLUTION NO. 88-457 APPROVING PLANS AND PLANS AND S ECIFICA- SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 10TH AVENUE TIONS, ADVERTISE FOR IMPROVEMENTS - NORTH OF HIGHWAY 55, CITY PROJECT NO. 648, REVERE BIDS, CITY PROJECTS LANE - HIGHWAY 55 FRONTAGE ROAD, CITY PROJECT NO. 815. NO. 648 AND 815 Items *6-T-1 & 2 Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-458 Zitur, to adopt RESOLUTION NO. 88-458 ORDERING PUBLIC HEARING ON RDERING PUBLIC THE PROPOSED VACATION OF 41ST AVENUE WITHIN WILLOW MEADOWS. HEARING ON VACATION OF 41ST AVE. WITHIN Motion carried on a Roll Call vote, five ayes. WILLOW MEADOWS Item *6-U MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-459 Zitur, to adopt RESOLUTION NO. 88-459 REDUCING DEVELOPMENT BOND, REDUCING EVEL PMENT CEDAR RIDGE PLAT TWO (A-813). BOND, CEDAR RIDGE PLAT TWO (A-813) Motion carried on a Roll Call vote, five ayes. Item *6-V-1 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-460 Zitur, to adopt RESOLUTION NO. 88-460 REDUCING DEVELOPMENT BOND, REDUCING EVELO MENT CATES PLYMOUTH CREEKSIDE ESTATES (85019). BOND, CATES PLYMOUTH CREEKSIDE ESTATES Motion carried on a Roll Call vote, five ayes. (85019) Item *6-V-2 Regular Council Meeting August 1, 1988 Page 217 MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-461 REDUCING DEVELOPMENT BOND, WOODDALE NORTH PLAT TWO ADDITION (85033). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-462 REDUCING DEVELOPMENT BOND, PONDS NORTH ADDITION (87058). Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-461 REDUCING DEVELOPMENT BOND, WOODDALE NORTH PLAT TWO (85033) Item *6-V-3 RESOLUTION NO. 88-462 REDUCING DEVELOPMENT BOND, PONDS NORTH ADDITION (87093) Item *6-V-4 Assistant Manager Boyles presented the request of Carol NATURAL PRESERVES AT Wernimont, 2575 Queensland Lane, for declaration of Natural 26TH AVE. & QUEENSLAND Preserve at 26th Avenue and Queensland Lane. A petition was submitted supporting her request. Steven Hukriede, 2585 Queensland Lane, stated opposition to this designation because the weeds are a breeding ground for mosquitos and ticks and the general appearance. Mr. Hukriede also stated his family members have allergies that are affected by weeds on this property. Mayor Schneider stated that this general area has not changed. This action would confirm the natural creekway that has existed there for many years. MOTION was made by Councilmember Sisk, seconded by Mayor RESOLUTION NO. 88-463 Schneider, to adopt RESOLUTION NO. 88-463 DECLARING NATURAL DECLARING NATURAL PRESERVES with the clarification that the designated area is PRESERVES AT 26TH AVE. that area subject to flooding from 26th Avenue to Snyder's AND QUEENSLAND LANE Lake. Item 6-W Manager Willis explained that this action will not preclude enforcement of the state law prohibiting noxious weeds. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-464 Zitur, to adopt RESOLUTION NO. 88-464 DECLARING ICMA RETIREMENT _ R MA CORPORATION AS DESIGNATED TRUST FOR THE CITY OF PLYMOUTH. RETIREMENT CORPORATION DESIGNATED TRUST Motion carried on a Roll Call vote, five ayes. Item *6-X MOTION was made by Mayor Schneider, seconded by Councilmember APPOINTMENTS TO SOLID Zitur, to appoint Councilmember Sisk and Project Coordinator WASTE STUDY COMMITTEE Dick Pouliot to serve on a committee established to research and make recommendations to the League of Minnesota Cities and Association of Metropolitan Municipalities policy committees regarding solid waste issues. Motion carried, five ayes. Regular Council Meeting August 1, 1988 Page 218 The meeting was adjourned at 11:40 p.m. Clerk ir MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 10, 1988 For City Council Meeting of August 15, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: ASSESSMENT PUBLIC HEARINGS FERNBROOK LANE - NORTH OF COUNTY ROAD 9 CITY PROJECT NO. 544 S.J. GROVES OFFICE PARK AREA, PHASE I CITY PROJECT NO. 648 ACTION REQUESTED: Council adopt the assessment rolls as proposed. BACKGROUND: The City Council has set August 15, 1988, as the date for the public hearing on the final assessment for the above referenced projects. Attached is the assessment information for each project. This information includes both the final cost and the estimated cost at the time the project is ordered. Since the notices were mailed to the property owners we have received numerous inquiries with regard to the assessments. RECOMMENDATIONS AND CONCLUSIONS: Attached are resolutions for City Council consideration at the conclusion of the public hearings. These resolutions would adopt the assessment rolls as proposed. Fred G. Moore, P.E. FGM:kh attachments: Assessment Information Letters Resolutions CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of the introduced the following Resolution and moved its RESOLUTION NO. 88 - ADOPTING ASSESSMENTS PROJECT NO 544 FERNBROOK LANE - NORTH OF COUNTY ROAD 9 SANITARY SEWER, WATERMAIN, BITUMINOUS TRAIL, STREET, CONCRETE CURB AND GUTTER, STORM SEWER WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for the improvements of Fernbrook Lane - North of Co. Rd. 9 by the installation of street, concrete curb and gutter, storm sewer and all necessary appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution No. 88 - Page Two 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is: Street, Concrete Curb and Gutter, Storm Sewer $132,031.48 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X )C )C 1 CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of the introduced the following Resolution and moved its RESOLUTION N0. 88 - ADOPTING ASSESSMENTS PROJECT NO 544 FERNBROOK LANE - NORTH OF COUNTY ROAD 9 SEWER AND WATER AREA ASSESSMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for the improvements of Fernbrook Lane - North of Co. Rd. 9 by the installation of sanitary sewer and water trunk facilities and all necessary appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution No. 88 - Page Two 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the Countv Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is: Sanitary Sewer Area $21,727.50 Water Area 53.198.00 74,925.50 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - ADOPTING ASSESSMENTS PROJECT NO 544 FERNBROOK LANE - NORTH OF COUNTY ROAD 9 SANITARY SEWER, WATERMAIN, BITUMINOUS TRAIL, STREET, CONCRETE CURB AND GUTTER, STORM SEWER WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for the improvements of Fernbrook Lane - North of Co. Rd. 9 by the installation of street, concrete curb and gutter, storm sewer and all necessary appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution No. 88 - Page Two 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is: 32' - 7 Ton Street Concrete Curb & Gutter, Storm Sewer $51,638.61 44' - 9 Ton Street Concrete Curb & Gutter, Storm Sewer 322,849.50 Sanitary Sewer Lateral 27,543.38 8" Water Lateral 7,675.56 12" Water Lateral 59,776.98 469,484.03 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: meeting of the City Council of the The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - ADOPTING ASSESSMENTS PROJECT NO 648 S. J. GROVES OFFICE PARK AREA - PHASE I WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for the improvements of S. J. Groves Office Park Area by the installation of street, concrete curb and gutter, storm sewer and all necessary appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. $$- Page Two 5. The total cost of the improvement assessed.by this Resolution is: Street, Concrete Curb and Gutter Storm Sewer $102,648 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. ifXTC Xis: X CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of the introduced the following Resolution and moved its RESOLUTION NO. 88 - ADOPTING ASSESSMENTS PROJECT NO 648 S. J. GROVES OFFICE PARK AREA - PHASE I WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessments for the improvements of S. J. Groves Office Park Area by the installation of street, concrete curb and gutter, storm sewer and all necessary appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. Resolution No. 88 - Page Two 5. The total cost of the improvement assessed by this Resolution is: Street, Concrete Curb and Gutter Storm Sewer $49,812 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. AGENDA FOR SPECIAL ASSESSMENTS PUBLIC HEARING 1. Purpose of Meeting To provide the public an opportunity to hear a presentation of the proposed assessments concerning public improvement projects benefiting their property. The citizens have had an opportunity to review the proposed assessment roll in the City Center as well as at this meeting and will have an opportunity to address the Council concerning questions regarding these proposed assessments. 2. The Meeting was Carefully and Thoroughly Announced as Follows: a. Notices were published in the Plymouth Post, the official city newspaper, as required by law. b. Written notice was mailed to each property owner in the improvement area as shown by the records of the Hennepin County Auditor's tax statement mailing list. C. Announcements and discussions at Council meetings. 3. Review of Proiect Costs and Proposed Assessments: James G. Willis, City Manager Fred G. Moore, Director of Public Works 4. The Procedure for the Hearing will be as Follows: a. Write name, address and agenda number on blue card. b. Pass card to person collecting them, who will give them to the Mayor. C. When you name is called, come up to the microphone. d. Please speak clearly into the microphone so that all may benefit from your remarks. e. No one may speak twice until all others who wish to speak have done so. Please give your name and address each time you speak. 5. Order of Hearings: a. Project No. 544 - Fernbrook Lane - North of County Road 9 b. Project No. 648 - S.J. Groves Office Park Area, Phase I ASSESSMENT PROCEDURE 1. The City Council has directed by resolution the preparation of the assessment roll which is the subject of the hearing tonight. A copy of the individual roll is available for your inspection. 2. Notice of the hearing was published in the official city newspaper, the Plymouth Post, and a notice was mailed to the owners of each parcel described in the assessment roll. For the purpose of giving mailed notice, owners are those persons shown to be such on the records of the County Treasurer and these records are used in addressing and mailing notices. If you are making a payment to your mortgage company which includes a deposit for real estate taxes, it is probable that the address shown on the County Treasurer's records is that of the mortgage company and not your own. If some of you did not receive a notice, this may well be the reason. 3. Following the hearing, the Council will decide whether any adjustments in the roll are necessary and will, by resolution, adopt the roll. 4. The first installment shall include interest at the rate of 8.00% per annum from the date of the resolution adopting the assessment roll until December 31, 1989. 5. If a property owner pays his assessment in full prior to November 15 of any year, interest will be charged to December 31 of the year of payment. For example, if a property owner pays the full assessment on his property on November 14, 1988, interest due on that payment would be calculated to December 31, 1988. If such payment is made after November 15, interest will be charged to December 31 of the following year. For example, if a property owner pays the full assessment on his property on November 17, 1988, interest on that payment would be calculated to December 31, 1989. 6. If a property owner pays his assessment in full within 30 days of the date of the resolution adopting the roll, no interest will be charged. Such payment should be made to the City Treasurer at the City Hall. 7. If after the hearing and after the adoption of the assessment roll by the City Council, you feel that your assessment is unfair, you may appeal to the District Court of Hennepin County. Your appeal must be served upon the Mayor or the City Clerk within 30 days from the date of the resolution of the Council adopting the particular assessment roll. Your appeal must be filed with the Clerk of District Court within 10 days after it has been served upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written obiection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. These rules with respect to time are jurisdictional and the Council may not extend them. Failure to serve and file your appeal as set out above will result in its dismissal. 8. The above procedures are digested from Sections 429.061 and 429.081 of Minnesota Statutes which govern the City Council in their assessment for public improvements. PROPOSED ASSESSMENT RATES FINAL COST - CITY PROJECT NO. 544 FERNBROOK LANE - NORTH OF COUNTY ROAD 9 SANITARY SEWER AND WATERMAIN STREETS, CURB AND GUTTER, AND STORM SEWER FINAL COST Sanitary Sewer $ 27,543.38 Watermain 146,037.06 Co. Rd. 9 Turn Lane and Storm Sewer 44,648.15 Street, Curb and Gutter, Storm Sewer 688,042.86 Bituminous Trail 30,892.63 937,164.08 PROPOSED ASSESSMENTS City Cost TERM OF ASSESSMENT FINAL 34.88/ft. 18.63/ft. 22.38/ft. 56.19/ft. 60.76/ft. 98.25/f t. 1340/Ac. 750/Ac. Streets (private developments) - Five (5) years at 8% interest Streets and Utilities (All other properties) - Ten (10) years at 8% interest Sewer and Water Area - Five (5) years at 8% interest ESTIMATED Sanitary Sewer 42.60/ft. 8" Watermain 18.46/ft. 12" Watermain 21.46/ft. 32' 7 -Ton Street, Curb and Gutter, Storm Sewer 81.45/ft. 36' 7 -Ton Street, Curb and Gutter, Storm Sewer 102.96/ft. 44' 9 -Ton Street, Curb and Gutter Storm Sewer 158.50/ft. Water Area 1290/Ac. Sewer Area 720/Ac. City Cost TERM OF ASSESSMENT FINAL 34.88/ft. 18.63/ft. 22.38/ft. 56.19/ft. 60.76/ft. 98.25/f t. 1340/Ac. 750/Ac. 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Ilfl)t a _ Y ( rt) . j1,'f • V - W 1 • '„+— l a. 1771°°- ll)) 9'' I lel gel e- 1171 i} 1 f2•) -I us) In) ¢ tel_ . 1 ' ' r Q- 1. . wS•'r uY n •, v y (']) _ 1, 1 y i '• i_ I r Y . U. a • n¢ -;!t4 te' - }---- tE e - ' . n ... r>_:1. e.n _O-- A2)' —. PROPOSED ASSESSMENT RATES FINAL COST - CITY PROJECT NO. 648 S.J. GROVES OFFICE PARK AREA - PHASE I M.W.C.C. FORCEMAIN, TRAFFIC SIGNALS STREETS, CURB AND GUTTER FINAL COST M.W.C.C. $177,124.54 13th Avenue Traffic Signals 175,040.61 Street, Curb and Gutter, Storm Sewer 647,097.89 999,263.04 PROPOSED ASSESSMENTS ESTIMATED FINAL 40' 9 -Ton Street, Curb and Gutter Storm Sewer $ 96.00/F.F. $ 84.00/F.F. City Cost $ 538,397 TERM OF ASSESSMENT Private developments, streets, curb and gutter, storm sewer Five (5) years at 8% interest All other properties, streets, curb and gutter, storm sewer Ten (10)'years at 10% interest. t fl0.137t.1 .5.. i0/ f` 6 1370 •` :' L__ S. J. G R OVEt—:*F L E E PHASIE' a S /It _..N TASSES i PROJEC- 6AN R v, s ^ r •. • .. • 1 ill I lel '' 1 WOICIIK LAKE it 1771 •T •\ ... . v' f IMViTT11LL tLtK In, I ADD. • J 1,llal t nl of NORTH IC 311 n O L__tt_ Ixr El 1cnV. 5 1791 17e; 5 li l..1 w 1 ...... Qi i ...... GROVES T7 H AVE. ' _ ..... 1 ` 4 • OUTLOT A .tp ..... Q . `; • /" a 71 -..161 _ OFFICE PARK s lel t71• :1.1 s r BLOCK 1 t 4 i • LOT 2 /A m BLOCK ' , LOT t GROVES • y, lel c OFFICE PARK . il1161 •h ., 'tr ,.,j—_''y_r `!JW 7 A -__-.- . --_ r 1.e, z yEfs4 p A I n!9p Qf t'i 00 `' a` v`'r•' w,4' -_ ___. r.:— a_I 71 • Irpl 9 J t' ' N MEMO 7- A- 3 CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 9, 1988 for City Council Meeting August 15, 1988 TO: James G. Willis, City Manager FROM: Dale Hahn, Finance Director SUBJECT: PUBLIC HEARING FOR CLEAN UP OF NUISANCE PROPERTY ACTION REQUESTED: The City Council has previously set August 15, 1988 for the special assessment hearing for costs associated with the clean up of the Larry Begin property at 4300 Fernbrook Lane. The costs associated with the clean up of the property total $36,022.04. It is recommended that the City Council adopt the attached resolution that would assess these clean up costs against the property. BACKGROUND: In July of 1987, City Council passed a resolution directing and ordering the abatement of the public nuisance at 4300 Fernbrook Lane. The property owner was given a time extension of six months to accomplish all work and entered into a contract to that effect. The City Council directed that if clean up was not completed within the time limits by the property owner clean up costs would be assessed against the property pursuant to City Code Section 2010. Because the property owner did not comply with the time limits, clean up crews were hired to remove the junk cars and abate the nuisance. PRIMARY ISSUES AND ANALYSIS: The affected property owners have been properly notified by mail. In addition, notice of public hearing on the proposed assessment has been published in the City's legal newspaper. The total cost of $36,022.04 accurately reflects the entire cost associated with the clean up of this property. RECOMMENDATIONS AND CONCLUSIONS: Following the public hearing, I recommend City Council adopt the attached resolution that would assess these clean up costs against the benefited property at 4300 Fernbrook Lane. 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 1988. The following were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO.88- ADOPTING ASSESSMENT COST OF CLEAN UP OF PUBLIC NUISANCE PROPERTY WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the cost of clean up for public nuisance property as provided for by the City Ordinances and has amended such proposed assessment as it deems just; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part thereof, is hereby accepted and shall constitute the special assessment against the land named therein and each tract of land herein included is hereby bound to be identified by the amount of the assessment levied against it. 2. Such assessments shall be payable over a period of one year. 3. Assessments may be paid in full to the City of Plymouth Finance Director by September 15, 1988 without additional charge. After September 15, 1988 daily interest charge based on an actual rate of 8.00% starting on August 15, 1988 will be due in addition to the levied assessment. The last date a payment can be accepted by the City of Plymouth is November 15, 1988. After that date interest shall be added from the date of this resolution until December 31, 1989 and payment can only be made to Hennepin County with the 1989 property taxes. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the property tax lists of the County and such assessments shall be collected and paid over the same manner as other municipal taxes. 5. The total cost of the clean up of the public nuisance property assessed by this resolution is $36,022.04. 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. NOTICE OF HEAR -T11:; 0;< PROPOSED ASSESS?= - FOR THE COST OF CLETI UP OF PUBLIC NUISANCE PROPER71 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of Plymouth, MinnesotE will meet in the City Council Chambers, Plymouth City Center, 3400 PlymoutI Boulevard, at 7:30 p.m. on August 15, 1988 to pass upon the proposed assessment for the cost of clean up of public nuisance property. The following is the area proposed to be assessed: TWID Rnqu ffix 15 118 22 22 0006 The proposed assessment is on file for public inspection at the office of the City Clerk. Written or oral objections will be considered at the hearing. The total cost of the assessment which is proposed to be assessed is $36,022.04. Following the hearing, the Council will decide whether any adjustments in the roll are necessary and will, by resolution, adopt the roll. The first installment shall appear on the 1989 tar statement and shall include interest at the rate of 8.00% per annum from the date of the resolution adopting the assessment roll until December 31, 1969. If a property owner pays the full assessment on their property prior to November 15, 1988, interest due on that payment would be calculated to the date of payment. If such payment is made after November 15, 1988 interest will be charged to December 31, 1989. A property owner may pay their assessment in full within 30 days of the date of the resolution adopting the roll, and no interest will be charged. If a payment is made before November 15, 1988 it should be made to the City Finance Department at the City Center. A partial prepayment of the assessment is not authorized by ordinance. If any portion of the special assessment is deferred, it will bear interest at the established rate. The City Council at the public hearing will consider deferral of assessments in accordance with adopted policies and laws for property classified as "Green Acres", owner -occupied homestead property of senior citizens and disabled individual, and homestead residential property in ca miercial/industrial zoned areas. THIS IS THE ONLY NOTICE YOU WILL RECEIVE FOR THIS ASSESSMENT UNLESS YOUR ASSESSMENT IS CHANGED AT THE PUBLIC HEARING YOU WILL NOT BE BILLED You may appeal any assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or the City Clerk within 30 days after the adoption of the assessment roll and filing such notice with the Clerk of District Court within 10 days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. Laurie Rauenhorst, C_ty Clerk O MEMO CITY OF PLYMOUTH 7-1B 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 10, 1988 For City Council Meeting of August 15,, 1988 71'j— TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: VACATION OF DRAINAGE AND PONDING EASEMENTS STEEPLECHASE 3RD ADDITION - OUTLOT I STEEPLECHASE 5TH ADDITION - OUTLOT F ACTION REQUESTED: Vacation of drainage and ponding easements for Steeplechase 3rd Addition, Outlot I and Steeplechase 5th Addition, Outlot F. BACKGROUND: The City Council has established a public hearing on August 15, 1988 on the petition to vacate drainage and ponding easements within Outlot I, Steeplechase 3rd Addition and Outlot F, Steeplechase 5th Addition. These easements were dedicated by easement with the Final Plat at the time this area was platted into outlots. When the area was platted into outlots, the exact description of the necessary drainage and ponding easements were not known. Since that time the outlots have been replatted as Fox Run 4th Addition. On the new plat the exact description of the necessary easements is defined. RECOMMENDATIONS: Unless new information is presented at the public hearing, it is recommended that the City Council adopt the attached resolution vacating the original easements. Chester J. Harrison, Jr., P.E. CJH:kh attachments: Resolutions Maps CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: ic3C adoption: meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 88 - AUTHORIZING THE VACATION OF DRAINAGE AND PONDING EASEMENTS IN OUTLOTS I - STEEPLECHASE 3RD ADDITION AND OUTLOT F - STEEPLECHASE 5TH ADDITION WHEREAS, a petition was received to vacate certain drainage and ponding easements in Steeplechase 3rd Addition and Steeplechase 5th Addition and; WHEREAS, a public hearing with respect to said vacation was scheduled for August 15, 1988, 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 15, 1988; and WHEREAS, the Council did hold a public hearing on August 15, 1988, to inform any and all interested parties relevant to the vacation of certain drainage and ponding easements in Steeplechase 3rd Addition and Steeplechase 5th 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 ponding easement for ponding purposes be vacated: The perpetual easements for drainage and ponding purposes in Outlot I Steeplechase 3rd Addition and Outlot F Steeplechase 5th Addition according to the recorded plat thereof, Hennepin County, Minnesota. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X X)C X )C X U CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF RESOLUTION NO. 88 - VACATING THE DRAINAGE AND PONDING EASEMENTS FOR STEEPLECHASE 3RD AND STEEPLECHASE 5TH ADDITIONS WHEREAS, the City Council has authorized the vacation of the drainage and ponding easements within Steeplechase 3rd and Steeplechase 5th Additions by Resolution No. 88 - NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That said resolution shall not be filed with the County until Pond GL -P14 within Fox Run 4th Addition is constructed. 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. XX)! 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W • . 4 I t` l - yam, • o Cb- a, •gym s \ s. •\ \' _ g \ OD f1 M n„on o> M^y zz Oo ^ 1 No O N =opo 1_ _ 0 m co o m o m V :o O yoA n L N m m N 0 DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO August 9, 1988 for City Council Meeting Auqust 15, 1988 City Manager dames Willis Community Development Coordinator Char j2poillerud Development Director Blair Tremere through Community CARLSON PROPERTIES, INC. PRELIMINARY PLAT, FINAL PLAT, SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR MINNEAPOLIS INDUSTRIAL PARK 4TH ADDITION (88056) ACTION REQUESTED: Adopt the Resolutions approving the Preliminary Plat, Final Plat, setting conditions to be met prior to filing the Final Plat, and Site Plan, Conditional Use Permit and Variance for Carlson Properties, Inc. for Minneapolis Industrial Park 4th Addition. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on duly 13, 1988, and recommended approval of the Preliminary Plat. The Commission moved to Table the Site Plan and Conditional Use Permit for further review, following direction to staff, to research whether restrictive covenants had been prepared in a form approved and reviewed by the City Attorney, and filed against the site to limit proposed uses within structures which do not provide for maximum parking as required by Ordinance. The Commission again reviewed the proposal at the meeting on duly 27, 1988, and discus- sed the petitioner's willingness to draft the required covenants to be filed with the Final Plat. The Planning Commission recommended approval by a 5 - 1 vote. ISSUES AND ANALYSIS: The bottom line, for the multiple applications involved here, is simply the construc- tion of a parking lot expansion of 15 spaces net. The plat is to add land to the building lot; the Conditional Use Permit is to allow work within the Floodway; the variance is to continue the existing site coverage of over 30% (51% actual) in the Shoreland District; and, the Site Plan is for the actual parking lot expansion. 1. We have concluded that a restrictive covenant to control the uses of this building to fit a substanard parking design did not happen as was intended with the original Site Plan approval. This covenant would have "fixed" build- ing use to match the 30 parking spaces constructed, since no additional proof -of -parking" is physically available. Page two Memorandum to City Manager for Minneapolis Industrial Park 4th August 9, 1988 City Council Meeting August 15, 1988 Addition The Planning Commission is recommending the restrictive covenant again be a condition of this action, but modified to reflect the 45 parking spaces that would be on-site, including those created by this proposed action. Also, the Planning Commission recommends the covenant allow the building owner three years to adjust the building occupancies down from the current mix requiring 51 parking spaces, to a mix requiring not more than 45 parking spaces. 2. The Planning Commission recommends additional new tree placement along the east exposure of the new parking lot to screen that parking from homes across Plymouth Creek. The petitioner had proposed evergreen plantings consistent with the Landscape Policy. The Planning Commission has recommended these plantings be enhanced to the maximum amount considered feasible by the City Forester. RECOMMENDATION: We recommend approval of the four Resolutions attached, consistent with the Planning Commission recommendations. Att.anhmPnt.s 1. Resolution Approving Preliminary Plat 2. Resolution Approving Final Plat 3. Resolution Setting Conditions to be met Prior to Filing 4. Resolution Approving Site Plan, Conditional Use Permit and Variance 5. July 13, 1988 Planning Commission Minutes 6. July 27, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ City of Plymouth, Minnesota, was held on the following members were present: The following members were absent: meeting of the City Council of the day of , 19 The introduced the following_ Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING PRELIMINARY PLAT FOR CARLSON PROPERTIES, INC. (88056) WHEREAS, Carlson Properties, Inc. has requested approval for a Preliminary Plat for Minneapolis Industrial Park 4th Addition, located at the northeast quadrant of State Highway 55 North Service Road and Industrial Park Boulevard; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Preliminary Plat for Carlson Properties, Inc. for "Minneapolis Industrial Park 4th Addition" located at the northeast quadrant of Highway 55 North Service Road and Industrial Park Boulevard, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of issuance of Building Permit. 4. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 5. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 6. No yard setback variances are granted or implied. 7. Transitional screening and berming shall be provided along Teakwood Lane. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING FINAL PLAT FOR MINNEAPOLIS INDUSTRIAL PARK 4TH ADDITION FOR CARLSON PROPERTIES, INC. (88056) WHEREAS, Carlson Properties, Inc. has requested approval for a Final Plat for Minneapolis Industrial Park 4th Addition, a plat for one industrial lot located at the northeast quadrant of State Highway 55 North Service Road and Industrial Park Blvd. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat for Carlson Properties, Inc. for Minneapolis Industrial Park 4th Addition located at the northeast quadrant of State Highway 55 North Service Road and Industrial Park Boulevard. 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. 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 followinq members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR MIN- NEAPOLIS INDUSTRIAL PARK 4TH ADDITION FOR CARLSON PROPERTIES, INC. (88056) WHEREAS, the City Council has approved the Final Plat for Minneapolis Industrial Park 4th Addition as requested by Carlson Properties, Inc.; 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 following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at issuance of Building Permit. 3. Removal of all dead or dying trees from the property at the owner's expense. 4. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 5. No yard setback variances are granted or implied. 6. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 7. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. 8. Restrictive covenants that encumber the ownership of the building to limit aggre- gate building occupancies to that which requires no more than 51 off-street park- ing spaces until September 1, 1991; and, no more than 45 off-street parking spaces after September 1, 1991, consistent with the parking standards of the Zoning Ordinance, shall be prepared, reviewed and approved by the City Attorney, and filed with the Final Plat. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING SITE PLAN AMENDMENT, CONDITIONAL USE PERMIT AND VARIANCE FOR CARLSON PROPERTIES, INC. (88056) WHEREAS, Carlson Properties, Inc. has requested approval of a Site Plan Amendment, Conditional Use Permit and Variance for property located in the northeast quadrant of the State Highway 55 North Service Road and Industrial Park Boulevard; 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 Carlson Properties, Inc. for a Site Plan Amendment to construct a 19 car parking lot addition, a Conditional Use Permit to allow work within the Floodway per Section 6 of the Plymouth Zoning Ordinance and a Variance from the Shoreland Management District standards to increase the percentage of impervious surface from 50% to 51%, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drain- age facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. No work shall commence until the Final Plat is filed and recorded with Hennepin County. 6. The City Forester shall review this request to suggest enhancements to the land- scaping to reduce the impact on residential property to the east of this development. PLEASE SEE PAGE TWO Page two Resolution No. 88- 7. A covenant shall be prepared and recorded with Hennepin County with the Final Plat for Minneapolis Industrial Park Fourth Addition, that encumbers the owner of the building to limit aggregate building occupancies to that which requires no more than 51 off-street parking spaces until September 1, 1991; and, no more than 45 off-street parking spaces after September 1, 1991, consistent with the parking standards of the Zoning Ordinance. 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. Pao<- 159 Planni!W CnmmissiQri iln'tlt"5 July 13, 1'S Chairman Pauba opened the Public Hearinq, as there was, M) one present to speak on this item, the Public H ring was closed. r Commissioner Marofsky stated he concurs witty' Commissioner Zylla and that the Commission recommendation must be based upon current use. MOTION by Commissioner Zylla, seconded by Commissioner Marofsky to recommend denial of the Conditional Use Permit Amendment and Variance for Pump & Meter Service, Inc., deleting items 1 and 2 from the staff recommendation. Commissioner Wire asked about road alignment and plans for the frontaqe road. Director"Moore explained the proposed cul-de-sac to the east for access to this property. The frontage road is owned by the State of Minnesota and changes would occur with additional lanes to widen Highway 55. Commissioner Wire confirmed that under almost any future plan, the frontage ro'3d would become a grass median and there will be the need to redesign the access to the service station. X Commissioner Stu lerq and Commissioner Marofsky inquired if the action to d y would take away or in any way affect the existinq perm' . Coordinator Dillerud stated it would riot. Commissione Zylla confirmed that the recommendation is to not grant the variance, but would not negate the existinq Conditional Use Permit. Roll Call Vote. Commissioners Wire and Stulherq, Nay. 5 Ayes. MOTION carried. Chairman Pauba introduced the item. Coordinator Dillerud provided an overview of the duly 5, 1988 staff report and commented that Resolution No. 80-648 called for the filing of covenants regarding the parking at this site. City records do not reflect that these covenants were filed on the property. He suggested that a condition be added to the recommendation by the Commission that directs confirmation on the restrictive covenants. Commissioner Marofsky inquired about the original plat show- ing a portion as part of Highway 55 and inquired if this road right-of-way had been dedicated. Coordinator Dillerud noted that the right-of-way was in place at that time and no dedication would have been made to the State of Minnesota. MOTION TO DENY VOTE - MOTION CARRIED CARLSON PROPERTIES PRELIMINARY AND FINK' - PLAT, SITE PLAN AMENDMENT AND CONDITIONAL USE PERMIT (88056) Paoe 16(? Planning Commission tlinutes July 13, 1995 Chairman Pauba introduced Larry Chiat, Carlson Properties, who stated he could not shed any light of, the questions raised about the restrictive covenants and it may be that the survey firm and persons at Carlson Companies at that time would not be available now. There is acknowledgement by that State of Minnesota that their research shows acquisition of riqht-of-way and a channel change easement. He is not aware of the reason for this, but, there would be no reason to vacate it. He noted they would depict the channel change and create the new lot. He explained the amended site plan for additional parking; the Conditional Use Permit for placinq fill; and, the variance to increase the impervious surface on the site. Commissioner Tierney stated she had visited the site and noted the west side of the building has vacant parkinq stalls, whereas, the east side is crowded; would there not be a way to balance the parkinq such as movinq some of those vehicles which are parked at the facility all day to the available parking? Mr. Chiat explained that the tenants who have the greatest number of emplovees are the closest to the planned expan- sion. There have been complaints about the overflow parking onto Teakwood Lane, and the Fire Marshal has spoken to the property managers and has requested that the tenants parkinq patterns be changed. Commissioner Marofsky inquired if there would be no replace- ment of displaced vegetation. Coordinator Dillerud stated the proposal is for six trees designated for the parkinq lot perimeter and there will be an effort to retain existing veqetation as stated by the petitioner. The landscapinq is responsive to the minimum requirements. Chairman Pauba opened the Public Hearinq. David Onan, 2335 Rosewood Lane, stated his home is on the east side of Plymouth Creek where there is heavy foliage to the west. He is speaking for himself and his neighbors who are opposed to this parkinq lot expansion at the expense of the trees and natural vegetation that is the homeowners natural buffer from the industrial property. He stated that it does not seem reasonable to allow the devastation of trees to provide six additional parking spaces. Chairman Pauba closed the Public Hearing. MOTION by Commissioner Marofsky, seconded by Chairman Pauba MOTION TO APPROVE to recommend approval for the Preliminary Plat, subject to PRELIMINARY PLAT the conditions listed in the July 5, 1988 staff report, add- ing Condition No. S. The City Attorney shall review the Page 161 Planning Comnissio- F1inut- July 13, 19SS Final Plat for Minneapolis Industrial Parc 3rd AdditioTi to ascertain this proposal dues not include dedicated right-of- way. Roll Call Vote. 6 Ayes. Commissioner Plufka Nay. VOTE - MOTION CARRIC" Commissioner Plufka stated he does not see the necessity to remove any trees. The residential neighbors near this industrial property have put up with the development of the industrial buildings and deserve to have the natural buffer and screening they have today. MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO TABLE Plufka to recommend the Site Plan and Conditional Use Permit be tabled for further revieA following the Commission's direction to staff to determine the petitioner's compliance with Condition No. 8. of Resolution No. 80-645, that restrictive covenants be prepared, in a form approved and reviewed by the City .Attorney and filed against the sites, to limit proposed uses within structures which do not provide for maximum parking as required by Ordinance," and to report their findings to the Commission. Commissioner Stulberq noted that the petitioner may question whether the Commission would grant a favorable recommenda- tion for this Site Plan if in fact the petitioner has com- plied with the condition in Resolution No. 80-64S. He called for a consensus of the Commission. Roll Call Vote. 7 Ayes. MOTION carried. Commissioner Zylla asked that the Commission be given copies of the reports from the Fire Marshal concerning the parking problems in that they would show the need for additional parking spaces for this Chairman Pauba introduced the request. An overview of the UNITED PROPERTIES June 28, 1988 staff report was provided by Coordinator PUD PRELIMINARY PLAN/ Dillerud. PLAT AND CONDITIONAL USE PERMIT FOR Commissioner Marofsky inquired -about the category into which TOWNE CENTER" this particular proposed shopping`ar-ea would fit, in light 88065) of the staff concerns and the number of conditions involving design. Coordinator Dillerud explained that ff-=-developing the staff report, he looked to the specific language af4the PUD Ordinance and tried to address the uses as proposed. Commissioner Wire inquired about the traffic study and the concerns addressed in that study. Planning Conmission Minutes July 27, 1988 Page 183 Conmissioner Plufka stated t e Lieders have a good proposal and reiterated he was going to vote to approve, and the e must be reviewed and updated. Roll Call Vote. 6 Ayes. M3TION CARRIED. OLD BUSINESS Chairman Pauba introduced the request by Carlson Properties, Inc. The reading of the July 19, 1988 Staff Report was waived. Coordinator Dillerud advised that an investigation has taken place since the last Planning Connission Meeting to ascertain whether the covenant was drafted and filed. As of this time, there is no evidence that it had been done. He stated that he has met with the people from Carlson and they have discussed what Council had in mind with regard to the covenant. Chairman Pauba introduced Larry Chiat, 3222 Plaza VII, who indicated that he agrees with Coordinator Dillerud and that in checking their files, no covenant was ever drafted or filed, however, conversation did take place regarding this issue. Mr. Chiat indicated that they are willing to draft the covenant to the City's approval and record the same. He added that Carlson would like to see this linked to the current applications, and would appreciate time to convert from the 51 to 45 stalls. Wes Johnson, 12813 Industrial Park Boulevard, indicated that one of the tenants has vacated the building which had allowed for open spaces. He has sent a letter to other tenants asking that they use these open spaces and to cease parking on Teakwood Lane. Mr. Chiat indicated that a question was raised at the last meeting about the status of the channel easement. He indicated that a letter has been submitted with the landscape plans, which show exactly what will happen with the channel. He indicated that fill would be needed, and the channel will be refigured to the south. He added that the oak tree will be preserved and additional trees would be added. Commissioner Plufka inquired how the erosion would be controlled. Mr. Chiat indicated that there are 4-5 pages of plans showing the details, and that a silt fence would be used. VOTE - MOTION CARRIED CARLSON PROPERTIES IN__ FINAL PLAT, SITE PLAJ CONDITIONAL USE PERM_ 88061) Planning Commission KLnutes July 27, 1988 Page 184 Commissioner Plufka inquired how successful a silt fence is when it is so close to the water way? Mr. Johnson indicated that he did not know. Commissioner Zylla inquired about the enhanced landscaping and buffering to protect the residential neighbors.Mr. Chiat advised that they are willing to add more spruce trees that are 6 feet in height. Commissioner Plufka asked if the disturbed ground would be sod or seeded? Coordinator Dillerud advised that it would be sodded. He added that the landscape plans provided meet the Ordinance requirements. Commissioner Zylla indicated, with respect to enhanced landscaping, that normally the Commission does not like to approve what they cannot see. He added that the staff is usually reluctant to take the extra step to ensure that there is compliance. Coordinator Dillerud advised that in this instance, where the enhancement is limited and focused, there would not be a burden to staff. Motion by Commissioner Wire, seconded by Commissioner Zylla NOTION TO AMEND to approve the Conditional Use Permit and Site Plan subject to the five conditions listed, adding a condition 6 that the City Forester review this request to enhance the landscaping and reduce the impact on residential properties to the east. Motion by Commissioner Zylla, seconded by Commissioner Plufka to amend the main motion by adding a Condition #7 requiring a covenant be prepared and record;d with the Final Plat for MIP 4th Addition that encumbers the owner of this building to limit aggregate building occupancies to that which requires no more than 51 off-street parking spaces until September 1, 1991, and no more than 45 off-street parking spaces after September 1, 1991, consistent with off- s 1-;+ of + Zon i nr, (1r d i n ncP , o i.r8e Yar,.1-1g sstandards he .,.._....y VOTE. 6 Ayes. VOTE ON MAIN MOTION AS AMENDED. 5 AYES. Comnisioner Plufka Nay. Commissioner Wire stated that the petitioner has asked the tenants to change their parking habits, which theoretically would reduce the parking problem. He added that they are being asked to forever keep their occupancy rate at the reduced level, or to provide more parking, and inquired if this is what the covenant would do? NOTION TO AMEND MAI MOTION NBOTION CARRIED MOTION CARRIED Planning Commission Minutes July 27, 1988 Page 185 Coordinator Dillerud stated that the covenant will control the parking demand by controlling the use of the structure, which was agreed to by the building owner. Commissioner Wire stated that there has not been a covenant for eight years, and inquired if the covenant would be an assurance the parking problem would be solved. Commissioner Stulberg inquired how much time Carlson would need to comply with the occupancy rate? Mr. Chiat indicated that three years would be satisfactory. Commissioner Plufka advised Coordinator Dillerud that it would have been helpful to have the graphics returned for the last issue and would like to have these also returned in the future with resubmitted petitions. NEW BUSINESS HOME OCCUPATIONS Commissioner Wire stated that he was impressed with the propos Home Occupation Ordinance, however, felt that the day care ould be left out of the Ordinance seeing that the State lice day cares. Commissioner Stul indicated that the examples should be left out as he felt t this could get the Commission in trouble. Commissioner Zylla indicated that did not understand the need. He added that either you have ome occupation or you do not. Coordinator Dillerud indicated that the hear' on the proposed Hone Occupation Ordinance amendment was to tively set for the August 10, 1988 hearing and there would be more opportunity to hash things out at that time. ADJOURNMERr The Meeting adjourned at 9:32 p.m. DATE: TO: FROM: SUBJECT: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 July 19, 1988 Planning Commission Chuck Dillerud, Community Development Coordinator CARLSON PROPERTIES INC., CONDITIONAL USE PERMIT AND SITE PLAN AT TEAKWOOD LANE AND HIGHWAY 55 (88056) The Planning Commission at its meeting July 13, 1988 took action to approve the Preliminary and Final Plat for the subject proposal to include within an existing lot of the MIP 3rd Addition a drainage area that had been previously excluded. In addition, Carlson is proposing to take a portion of that added property and create a 15 car parking site, thereby creating the need for a Site Plan and Conditional Use Permit to alter the Plymouth Creek Floodway. Action on the Site Plan and Conditional Use Permit was deferred on July 13, 1988 to allow investigation of a condition that appeared in the Site Plan approving this building originally. As of the closing date for publication of the July 27, 1988 Planning Commission Agenda, no new information was available with respect to the execution of the prior Site Plan condition involving a covenant to control the usage of the subject structure and therefore, the parking. Staff has provided file information to Carlson Properties and is also communicating with the City Attorney's office to determine if any such covenant were ever drafted and filed against the property. Once that is determined we will hopefully have some analysis as to the impact of this covenant (if any) with respect to the current Site Plan request for additional off-street parking at this site. We have also attached a July 14, 1988 communication from Carlson Properties regarding the matter of ownership/dedication of the drainage area that is the primary focus of this application. We have included for the Commission the entire agenda packet from the July 13 1988 Meeting. We will advise the Commission of the status and possible recommendation for action prior to the meeting. Attachments: 1. July 13, 1988 Planning Commission Agenda Packet (less Preliminary Plat and Final Plat Resolutions) for project 88056. CD/tw CallS011 PI'O erllnvlac,, zu,( /a/e firfay55, Minneapolis; A7in es/a 55491 July 14, 1988 Mr. Charles E. Dillerud Community Development Coordinator City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Minneapolis Industrial Park 4th Addition City File No. 88056 Dear Mr. Dillerud: This letter is intended to provide additional information in response to questions and concerns expressed by the Planning Commission last night with respect to the nature of the interest of the State of Minnesota in the 60 feet -wide strip of land which we propose to include in the plat of Minneapolis Industrial Park 4th Addition. Attached please find copies of this proposed plat and the existing plat of Minneapolis Industrial Park 3rd Addition, both of which have been highlighted to identify this strip of land. As indicated by a Final Certificate dated February 24, 1954 (filed in Hennepin County on May 4, 1954 as Document No. 2871705), the State of Minnesota acquired a permanent easement over this property for the purpose of constructing and maintaining a channel change. The Final Certificate did not provide for the inclusion of this strip of land within the area of the permanent easement acquired by the State for trunk highway purposes. A review of the plat of Minneapolis Industrial Park 3rd Addition indicates that this strip of land was not included within the boundaries of the parcel of land platted as Minneapolis Industrial Park 3rd Addition. This strip of land is merely referred to on the said plat as being part of State Highway No. 55, but it is not actually dedicated as such. Therefore, I believe that the State's interest in this 60 feet -wide strip of land exists solely as a result of the Final Certificate dated February 24, 1954, and that the State's interest in this land is for a channel change easement only. r ; One ofdie Carlson Compsanies Mr. Charles E. Dillerud Page 2 Lastly, it should be pointed out the plat of Minneapolis Industrial Park 4th Addition will serve to dedicate a 60 feet -wide segment of Teakwood Lane which was not dedicated by the plat of Minneapolis Industrial Park 3rd Addition. Please do not hesitate to contact me if you have any questions on the above information. Very truly yours, CARLSON PROPERTIES, INC. 6 X4 2t Larry J. Chiat Attorney at Law 612) 333-9866 LJC:jmm Enclosures (2) PIP CITY OF PLYMOUTH c - F 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager James Willis FROM: Community Development Coordinator Charleserud through Community Development Director Blair Tremere SUBJECT HANS HAGEN HOMES. REZONING, RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMIN- ARY PLAN/PLAT, AND CONDITIONAL USE PERMIT FOR "HARBOR PLACE" (87124) ACTION REQUESTED: Adopt the Rezoning Ordinance and Resolution setting the condition for Rezoning, and the Resolution approving the Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for 36 single family residential lots to be located northeast of Harbor Lane and Gleason Lake Road. The rezoning action requires a 4/5 vote. BACKGROUND: The City Council reviewed the proposal at the July 11, 1988 City Council Meeting, and, at the request of the petitioner, tabled the item, following discussions regarding re- quired easements, street construction, and structure setbacks/lot coverage. The Council did act to require minimum side yard setbacks of 10 feet. ISSUES AND ANALYSIS: By correspondence from Sherman Goldberg, dated August 1, 1988, the petitioner has re- quested the application be placed on the City Council agenda. His letter also addres- ses several issues restating the petitioner's position on each issue. There does not appear to be any change in the position of the petitioner on any of the issues discus- sed before the City Council on July 11, 1988. The City Engineer's June 16, 1988 Memorandum is attached; the Public Works Director indicates that the requirements and findings are unchanged. The City Council's action regarding the side yard setbacks is now reflected in the draft Resolution at Item No. 10. RECOMMENDATION AND CONCLUSIONS: The development was and should be evaluated on its merits and the engineering require- ments and zoning matters (lot coverage and setbacks) do not inhibit the development of a reasonable residential project on this property. The uniqueness of the site was accounted for, in my view, when the Council granted Planned Unit Development status. The requirements of the Zoning Ordinance and the engineering concern are standards for any development, including Planned Unit Developments. Paqe two Memorandum to City Manager, City Council Meeting August 15, 1988 Hans Hagen Homes, Inc./Harbor Place August 10, 1988 The attached Resolution for approval, is the same as that one presented with the duly 11, 1988 agenda, and is consistent with the Planning Commission recommendation. Attachments 1. Draft Ordinance 2. Resolution Setting Condition for Rezoning 3. Resolution Approving RPUD Preliminary Plan/Plat and Conditional Use Permit 4. duly 11, 1988 City Council Minutes 5. Petitioner's Letter of August 1, 1988 6. dune 16, 1988 Engineer's Memorandum 7. Location Map V, 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: moved its adoption: introduced the following Resolution and RESOLUTION NO. APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR HANS HAGEN HOMES FOR HARBOR PLACE (87124) WHEREAS, Hans Hagen Homes has requested approval for a Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Harbor Place for 36 single family lots on 15.18 acres located east of Harbor Lane at 4th Avenue North. WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval: NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Hans Hagen Homes for Harbor Place located east of Harbor Lane at 4th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. Resolution No. Page 2 10. Approved structure setbacks shall be: a. Front yard - 35 feet minimum except Glacier Lane shall be 30 foot minimum. b. Side yard - 10 feet minimum. Appropriate legal documents, approved by the City Attorney, shall be filed with the final plat establishing a covenant specifying the minimum yard setbacks for each lot per the approved final Planned Unit Development plan. 11. Lot coverage maximum shall be 20%, and may be exceeded only upon approval by the City Council, on a lot -by -lot basis, after mass grading has been completed. The request for ground coverage in excess of 20% must demonstrate the merits of the request in terms of preservation of natural amenities. 12. The final plat/Planned Unit Development Plan shall include detailed plans for screening Lots 5, 6 and 7, Block 1 from the impact of the County Road 15 exit ramp from I-494. Use of existing natural site features is acceptable, but detailed plans depicting such use are required. 13. The final plat/Planned Unit Development Plan shall include detail plans for delineating the common open space area from the rear yards of Lots 7 and 8, Block 3 and Lots 7 and 8, Block 2. 14. The final plat/Planned Unit Development Plan shall include construction plans for a private trail constructed to a width of 6 feet and to City specifications within the Outlot between Lot 7, Block 3 and Lot 8, Block 2. Construction of this trail shall be complete prior to issuance of Building Permits for Lot 7, Block 3 and Lot 8, Block 2. 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 ORDINANCE NO. 85-16 AN ORDINANCE AMENDING THE ZONING ORDINANCE TOL DENSITY RTA IPLEIN ARDESILOCATEDOCATDDIORTHEAST ICT OF HARBOR LANE AND GLEASON LAKE ROAD AS R-2_ (LOW the ity of Section 1. Amendment of Ordinance. Ordinanceinisc he Ob ° amendedC by changing Plymouth, the 1980 as a Minnesota, adopted Oune 15, Ma from R -1A (low density single family classification on the City of Plymouth Zoning p residential) District to R-2 (low density multiple residence) District with respect to the hereinafter described property: INSERT LEGAL) he approve d plat and site plan approvals forSection2. General Development Plan. This Ordinance authorizes the development of said property only in accordance with t File 85027. tive Date. This Ordinance shall take effect upon filing the Section 3. Effec Final Plat. da of , 19 Adopted by the City Council Y Virgil Schneider, Mayor ATTEST Laurie Rauenhorst, City Clerk cc: File 87124 Special Council lleetin Oulu 11, 19,S- Page 179 Hans Hagen, 2353 North Rice Street, St. Paul, questioned portions of the Engineer's Memorandum on this project. Mr. Hagen stated that he has no problem with providing drainage easements, as outlined in Item 6, as long as the easements are on his property only. He questioned Item 15 providing for dedication of 10' along Harbor Lane to allow for a 50' street, and requiring completion of Harbor Lane south to County Road 15. He stated that the project cannot afford this construction and questioned the viability of being required to construct only half the street now. He suggested delaying installation to coincide with total street construction. Director Moore stated that Item 6 of the Engineer's Memorandum refers to 6' and 10' easements required according to the subdivision ordinance. If the drainage plan remains as indicated, easements for drainage will be necessary. Sherm Goldberg, 12115 48th Avenue North, stated that it may be possible for the petitioner to redirect drainage, thus avoiding the need for additional drainage easements. This will be addressed during design consideration. Director Moore explained that the required 10' dedication will make the street a total width of 50'. This is consistent with the other parcels along Harbor Lane that also dedicated 10'. He stated that in 1985 the Council made the decision that Fernbrook Lane would be designed as 7 -ton and 32' wide, rather than the standard 36'. This would not be constructed as a public improvement project, but would be required as part of future abutting developments. This petitioner is required to construct concrete curb and gutter and half of the 32' street immediately adjacent to the plat. Mr. Hagen again stated that the project cannot afford the required street construction. Councilmember Sisk stated that a number of years ago the Council made a decision to standardize side yard setbacks in Planned Unit Developments at 10', which is 5' less than the ordinance standard for conventional plats. He was concerned about changing this standard without some documented reason. Councilmember Vasiliou noted a Council history of departure from the Planned Unit Development ordinance standards. Mr. Hagen stated that the departure from the 10' minimum is to maximize the number of units for economic reasons, as well as making the development attractive. The project cannot proceed unless the requested setback is allowed. Special Council Mectinc Oulu 11. 19 Page 15U MOTION has made by Councilmember Vasiliou, seconded b Councilmember Zitur, to adopt a resolution approving the Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit, and an ordinance approving rezoning for Harbor Place. MOTION to amend was made by Mayor Schneider, seconded by Councilmember Sisk, to amend the main motion to require a 10' minimum side yard setback on each site. Motion to amend carried; Sisk, Ricker and Schneider ayes; Zitur and Vasiliou nays. At the request of the petitioner, MOTION was made by Councilmember Zitur, seconded by Councilmember Vasiliou, to table the requests for Harbor Place (57124). Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-3E` Zitur, to adopt RESOLUTION NO. 85-355 APPROVING SITE PLAN AND SITE PLAN AND CONS; -1- CO IONAL USE PERMIT FOR PATRICK GOFF, GOFF HOMES FOR TIONAL USE PERMIT F0. FERNBR MANOR" (88019). PATRICK GOFF, FERr, BROOK MANOR (88019) Motion carried on.'a Roll Call vote, five ayes. Item *6-B MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-38- Zitur, to adopt RESOLUTION NO. 88-386 AMENDING RESOLUTION NO. AMENDING PRELIMINA , 88-96 APPROVING THE PRELIMINARY PLAT FOR PATRICK GOFF, GOFF PLAT, PATRICK GOFF HOMES FOR "FERNBROOK MANOR" (88019), FERNBROOK MANOR 88019) Motion carried on a Roll Call vote, five ayes. Item *6-B MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 88-30 Zitur, to adopt ORDINANCE NO. 88-30 AMENDING THE ZONING REZONING PROPERTY A,' ORDINANCE TO CLASSIFY CERTAIN LANDS AT THE SOUTHWEST CORNER OF VICKSBURG AND C.R. 9, VICKSBURG LANE AND COUNTY ROAD 9 AS R-2 (LOW DENSITY -_MULTIPLE WAYZATA SCHOOL RESIDENCE) DISTRICT. DISTRICT 284 Item *6-C Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION N0. 88-38; Zitur, to adopt RESOLUTION NO. 88-387 SETTING CONDITION TO BE SETTING CONDITION T( MET PRIOR TO PUBLICATON OF ORDINANCE REZ014ING LAND LOCATED AT BE MET PRIOR T( THE SOUTHWEST CORNER OF VICKSBURG LANE AND COUNTY ROAD 9 PUBLICATION 0' 88035). REZONING ORDINANCE Item *6-C Motion carried on a Roll Call vote, five ayes. Sherman Goldberg & Associates Minneapolis, Minnesota August 1, 1988 Blair Tremere Director of Community Development Ci ty of Plymouth 3400 Plymouth Blvd. Plymouth, Mn 55447 Re: Harbor Place Preliminary Plat Dear Blair: Fro CITY OF PLYMOUTH lAAQWNITY DEVELOPW VEPT. FILE COPY i i zy Several weeks ago, the City Council Tabled discussion on the preliminary plat for Harlaor Place. Since that meeting we have met with Fred Moore to discuss some of the Engineering questions. At the City Council meeting,the problem areas were addressed with the side yard setback question presenting the biggest obstacle. Although it appeared that the project did not have the support of the majority of the Council, I'm hoping we can get the project off the ground. The developers before Mr.Hagen tried but couldn't make the numbers work. Mr. Hagen has indicated that -given the 5-10' setbacks & no unusual outside construction costs (Harbor Ln.), he can make the project work. In order to bring this plat to a conclusion Mr. Hagen is requesting that the plat be placed back on the next Council adgenda. The questions that need to be resolved are: 1.-sideyard setbacks:requesting 5'&10' with a minimum of 15' are essential to the project and were a part of the CONCEPT PLAN a.pprova'l . The house plans that .,ere submitted also showed the necessary setbacks. 2. -the Developer is responsible for upgrading Harbor Lane to a full 32' wide street with concrete curb & gutter, south of the subject plat. we feel this requirement is unfair and is building a street that is clearly the obligation of the abutting property owners. they have a sub -standard street according to current City requirements; and eventually would be assessed for a new street as part of the Pavement Management Program. 3. -we are requesting that 215' of the lots have a lot coverage in excess of 20%, this allows the f1exibiliy associated with the P.U.D. 4. -construct half of Harbor Lane adjacent to the Plat. because of the problems associated with this type of construction, the entire street should be constructed or nothing should be done. i 5. -the original plan submitted showed a. small island in the 4th Ave. "bubble" but was eliminated when the staff said the islands were not allowed. we note that recently approved plats. (Lauka's plat in the Parkers Lake area;Swan Lake) have islands. they help relieve the "sea of asphalt". we are requestung approval of the island as originally submitted. In summary, we are requesting that the Plat be placed back on the City Council adgenda at the next available meeting. Please advise Mr.Hagen of the date. Than _. AL W" Sherman Goldberg cc:Hans Hagen s City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: June 16, 1988 FILE NO.: 87124 PETITIONER: Hans Hagen, Hans Hagen Homes, 2353 Rice Street, St. Paul, Mn. 55113 PRELIMINARY PLAT: Harbor Place LOCATION: East of Harbor Lane, North of Gleason Lake Drive, West of Hwy 494 in the southeast 1/4 of Section 33. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. XX Sanitary sewer area assessments have been levied based on proposed use. 3. XX SAC and REC charges will be payable at the time building permits are issued. Them are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain Area Assessments. .n previously 36 units 30.36 units previously assessed = 5.64/units x 9685.00/unit 93,863,40, Sanitary Sewer Area Assessment based on 36/units - 31.2 units :1 5. Other additional assessments estimated: None. 6. _ _ X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. 8. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. A ponding easement shall be provided over the northeast corner of the open space to the 100 year elevation to be established by the developers engineer and approved by the City. 9. X All existing unnecessary easements and rights-of-way have been vacated It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR X MnDOT Hennepin County X MPCA X State Health Department 2 X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Other TRANSPORTATION: N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 4th Ave. north ends at the Harbor Lane's east right-of-way line. Harbor Lane extends south to Gleason Lake Road from that point. The off ramp is for 494 not County Rd. 15 as shown on the plat. 13. _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X —. Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. _ _ X All existing street rights-of-way are required width - Additional right-of-way will be required on Harbor Lane 10 feet wide making the total street width 50 feet. 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. See speciii provisions. 3 N/A Yes No 17. _ _ X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. See ec.al provisions. 18. X Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. 19. Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. 20. _ X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. X The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tan. 23. X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: 24. A. The island shown in the bubble off 4th Avenue on the grading plan for Harbor Lane shall be removed. B. The storm sewer from Glacier Lane and Harbor Lane shall be extended to the flat surface at elevation 946.0 east of the northeast corner of the open space. C. The developer shall reconstruct Harbor Lane from the end of the existing curb and gutter and bituminous north of Gleason Lake Drive to 4th Avenue and the new intersection of Harbor Lane and 4th Avenue. The street width shall be 32 feet face to face of curb, 7 ton design. D. The developer shall install the concrete curb and gutter for Harbor Lane adjacent to Lots 1 through 6 and Lots 19, 20 and 21 Block 3 including the necessary widening of Harbor Lane (1/2 of a standard 32 foot residential street). E. The developer shall obtain the easement for the storm sewer from the intersection of 4th Avenue and Harbor Lane to Pond PL -P2. F. 4th Avenue shall be constructed to a 7 ton, 33 feet back to back of curb street. G. A soils engineer shall prepare a R value recommendation for Harbor Lane, 4th Avenue and Glacier Lane for the appropriate street section design. H. The developer shall construct the trail along the west side of Harbor Lane from Gleason Lake Drive to 4th Ave. This cost will be reimbursed to the developer. Submitted by:Sk4 Chester J. arrison, Jr., E. City Engineer 5 NONE IW, AA UVI OVA mm rldrldMA m V11 I i' w' r QP C s' if •I S t ytStf IdJ I , 1 M 4 A A MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 11, 1988 TO: James Willis, City Manager, - t FROM: Blair Tremere, Community Development Director \ SUBJECT: Opus Corporation. Amending Approval for the Tech West 55 Building at 14800 28th Avenue North (87119) ACTION REQUESTED: The petitioner has proposed a Declaration of Covenant for the Tech West 55 Building at 14800 28th Avenue North; the proposed language would be in lieu of the language approved by the City Council in Condition Number 11 of Resolution 88-09 (Exhibit A). Approval of the attached resolution would allow the alternative language. BACKGROUND: The City Council approved a revised Site Plan and Conditional Use Permit for Opus Corporation under Resolution 88-09 on January 4, 1988. Pursuant to the Zoning Ordinance relative to multiple -occupancy industrial buildings, the parking ramp was required to show that, at a minimum, the number of spaces provided on the site would satisfy the most intense use (office). The petitioner submitted a plan showing a parking ramp as proof that the parking requirement of the Ordinance could be met if the additional spaces were needed in the future. Consistent with similar approvals, the City Council applied Condition Number 11 to that Resolution, stating that the Covenant was to be placed on the property identifying that the future use of the building might require the construction of a parking ramp to satisfy Ordinance parking requirements. The petitioner appeared before the City Council on March 21, 1988, objecting to that language and requested that the City Council relieve them from the requirement to place a Covenant on the property that referred to possible construction of a parking ramp. August 11, 1988 James Willis Page 2 The City Council reaffirmed the Resolution and clarified that a parking ramp may be required even though the 60 percent limit (the amount of office space proposed under the Conditional Use Permit) may not be exceeded. The petitioner approached us earlier this summer and suggested that alternative means for controlling parking might be available and that such means could be reflective in the Covenant. PRIMARY ISSUES AND ANALYSIS: The petitioner proposes a covenant that essentially specifies that occupancies would be regulated, including the assignment of parking and tenant leases that would be drawn to assure that the actual parking provided would support the needs of the uses in the building, within the minimum Ordinance requirement. The Covenant placed on the property title would carry with the property and would be applicable to subsequent owners. There would be no mention of a specific physical remedy to a parking deficiency such as the construction of a ramp; rather, the approach would give the owner a tool to resolve parking problems through the enforcement of lease provisions. I have reviewed this with the City Attorney and we have concluded that it is a viable approach; the effectiveness of the approach will be as good as the good faith of the owner. The plan submitted by Opus Corporation that shows a parking ramp would still be on file and would still be available for implementation by this or a subsequent owner in the future. The City's basic authority to enforce the Zoning Ordinance parking requirement is not diluted in that violations of the parking standards could be enforced. RECOMMENDATIONS AND CONCLUSIONS: I recommend approval of the attached resolution which includes alternative language to that established in Condition 11 of Resolution 88-09. The specific language would be reviewed and approved by the City Attorney who has reviewed a draft. The resolution provides that the Covenant will be filed before the Conditional Use Permit authorizing office use over 50 percent is issued. I conclude that the application of the Covenant addressing the parking situation effectively accomplishes the intent of the Council requirement, even if there is no specific reference to a parking ramp. August 11, 1988 James Willis, City Manager Page 3 ATTACHMENTS: 1. Draft Resolution. 2. Exhibit A Resolution 88-09 (Paragraph Number 3, Exhibit B). 3. March 21, 1988 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: its adoption: introduced the following Resolution and moved RESOLUTION 88 - APPROVING THE AMENDMENT TO RESOLUTION NUMBER 88-09 REGARDING TECH WEST 55 BUILDING, 14800 28TH AVENUE NORTH (87119) WHEREAS, James Tucker, Opus Corporation, has requested amendment of Condition Number 11 of Resolution Number 88-09, regarding the establishment of a Covenant on the property to identify that the future use of the building may require the construction of a parking ramp to satisfy Ordinance parking requirements; and, WHEREAS, alternative Covenant language has been proposed which would provide a means of forcing parking on the site through lease provisions and management of tenant parking activities; and WHEREAS, the establishment of a Covenant relative to the parking needs and Ordinance requirement was intended to assure that future owners were aware that proved uses of the building could generate the need for special corrective action to assure the minimum Zoning Ordinance standards relative to off-street parking were satisfied; WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said requests, at a duly called hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ZONING ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of James Tucker, Opus Corporation, by amending Condition Number 11 of Resolution 88-09 to read as follows: 11. Appropriate legal documents establishing a Covenant on the property shall be approved by the City Attorney and filed at Hennepin County prior to issuance of a permit, identifying that uses of the building require the implementation of a parking allocation and management system to include binding lease agreements with all tenants, in order to assure that Ordinance parking requirements are satisfied. FURTHER, the City Clerk is hereby directed to modify Resolution Number 88-09 to incorporate this amendment in lieu of original Condition Number 11. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: following voted against or abstained the Resolution was declared duly passed and adopted. The Whereupon CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the City Council of theCityofPlymouth, Minnesota, was held on the 4th day of January , 1988. Thefollowingmemberswerepresent: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk following members were absent: None The Councilmember Vasiliou adoption: introduced the following Resolution and moved its RESOLUTION NO. 88-09 APPROVING REVISED SITE PLAN AND CONDITIONAL USE PERMIT FOR ROBERT WORTHINGTON, OPUSCORPORATION (87119) WHEREAS, Robert Worthington, Opus Corporation has requested approval of a Revised SitePlanandConditionalUsePermitforanindustrialbuildingataratioof60% office and40% industrial uses east of Niagara Lane and north of 28th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called PublicHearingandrecommendsapproval; 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 Robert Worthington, OpusCorporationforaRevisedSitePlanandConditionalUsePermitforanindustrialbuild- ing to be located east of Niagara Lane and north of 28th Avenue North, subject to thefollowingconditions: 1. 2. 3. 4. 5. 6. 7. 8. Compliance with City Engineer's Memorandum. Submission of, required financial guarantee and Site Performance Agreement forcompletionofsiteimprovements. Any signage shall be in compliance with the Ordinance. Any subsequent phases or expansions are subject to required reviews and approvalsperOrdinanceprovisions. All waste and waste containers shall be stored within the enclosure. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. The site shall be maintained in a sanitary manner. PLEASE SEE PAGE TWO Page two Resolution No. 88-09 9. The Conditional Use Permit allows an occupancy mix of 60% office and 40% warehouse/distribution and shall be reviewed annually to assure compliance wit1itheconditions. 10. All parking shall be off-street in designated areas which comply with the ZoningOrdinance. 11. Appropriate legal documents establishing a covenant on the property shall be approved by the City Attorney and filed at Hennepin County prior to issuance of abuildingpermit, identifying that the future use of the building may require the construction of a parking ramp to satisfy Ordinance parking requirements. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the followinqvotedinfavorthereof: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur andSisk The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. nec"liar l0UnC11 r(_etin March 21, 198, r Page 80 MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to amend by adding condition No. 19 as follows: Additional buffering shall be provided between Building Two and neighborhood to the north to minimize noise impact from the tennis courts and pool by adding 19 trees of the same species as those shown on the revised plan." Mr. Ravich stated they would also put some of the tree closer to the pool to absorb the noise. Motion to amend carried, five ayes. Motion as once amended carried on a Roll Call v e, five ayes. MOTION was made by Councilmember Sisk, Seco ed by Councilmember Ricker, to adopt RESOLUTION N0. 88-189 AP OVING FINAL PLAT FOR VICKSBURG ADDITION FOR MARK RAVICH, VIC BURG APARTMENT COMPANY 87131) (RPUD 88-01). Motion carried on a Roll Call vote,/ive ayes. MOTION was made by Councilmember isk, seconded by Councilmember Ricker, to adopt RESOLUTION NO 88-190 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND R ATED TO FINAL PLAT FOR VICKSBURG ADDITION FOR MARK RAVICH, CKSBURG APARTMENT COMPANY (87131) RPUD 88-01). Motion carried on a Rol/ Call vote, five ayes. MOTION was made by C96ncilmember Ricker, seconded by Councilmem- ber Sisk, to adopt R SOLUTION NO. 88-191 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AMENDMENT FOR PLYMOUTH BIBLE CHAPEL 88014). Motion carried on a Roll Call vote, five ayes. Attorney Thomson was asked to review the March 18, 1988 staff report, he stated the reason Opus is before the Council is con- dition 411 of their approving resolution No. 88-09 which requires that appropriate legal documents be recorded prior to the issuance of building permits which state that a parking rampmayberequired. The question is what did the Council mean. The reason why that condition was added was that, by increasingtheproposedofficeuseofthebuilding, a different parking standard was triggered. The applicant understood at the time that the only factor to create the need for the additional park- ing was if the office use exceeded 60%. The Council approved the ramp if there was a parking problem on the site regardless if the office use exceeded 60%. Jeff Essen, Opus Corporation, stated the question is what the intent of the condition was. They propose they not be forced to create a 40% parking "surplus" and requested clarification of RESOLUTION NO. 88-189 FINAL PLAT VICKSBURG APARTMENT CO 87131) Item 7-G RESOLUTION NO. 88-190 SETTING CONDITIONS FINAL PLAT, VICKSBURG APARTMENT COMPANY 87131) Item 7-G RESOLUTION NO. 88-191 C.U.P. AMENDMENT PLYMOUTH BIBLE CHAPEL 88014) Item 7-H* OPUS CORPORATION INQUIRY, TECH WEST 55 87119) Item 7-I Regular Counei i etinc March 21, 198b Page 61 the City's intent to resolve parking problems. They will work with Director Tremere and Attorney Thomson to draft language which would satisfy everyone. They would prevent any parking problems through their lease contracts and work with the City to cure any problems and take any action against their tenants if problems would occur rather than initiate a ramp. Tom Burke, attorney for Opus Corporation, stated they believed they proved parking was sufficient by meeting the 60% as that was the office use of the building. Mayor Schneider asked what they would do if their potential solutions didn't work. Mr. Essen answered that they would build the ramp if the problem was unsolvable by other means. The remedy as now stated is too severe. Discussion followed on possible remedies and penalties. Mr. Essen stated they don't object to a covenant on the property, they object to the declaration of that covenant and they would like to negotiate the language of that covenant. Director Tremere stated the issue is the intent and purpose of condition #11. The Council has applied that requirement before with the intent of providing formal notice to future property owners that parking needs may be met through construction of a ramp, per approved plans on file with the City. He suggested the 60/40 is not relevant to the ramp. Attorney Thomson stated the ordinance says the standard for the most intense use must be applied exclusively and listed the alternatives of going back to the 40/60% occupancy which was approved prior to the conditional use permit or to agree to language that, if the parking problems are not solved the owner of the property may be required to construct the parking ramp per the plan approved by the City, or to accept the proposition by Opus that it doesn't make sense to require the parking at all if they don't exceed 60% office. The latter alternative would effectively eliminate the need for any covenant since condition- al use permits must be filed at the County. Bob Worthington, Opus Corporation, suggested creating a condi- tion that there shall be no parking problem on the site as a condition of the conditional use permit and give them a set time to correct it or revoke the C.U.P. and go back to a 40/60 situa- tion. Attorney Thomson stated the ordinance could perhaps be evaluated as to the exclusivity of the parking requirement for multiple use buildings. Regular Council t1of-,iny March 2.1, 195S Paye S2 Councilmember Vasiliou stated the problem is that this is too subjective and revocation would be hard to enforce considering the leases that might exist. Discussion continued on what creates a problem and how to gauge it. Director Tremere stated condition #11 is not required by the ordinance but stems from a condition the Council put on the resolution. Discussion followed on the present tenant mix, their expansion needs, and lease terms. Mr. Essen said the problem is not an artificial one. Mr. Burke stated the large cost of the ramp as a parking remedy was a problem. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to clarify that the intent of conditon #11 of resolution No. 88-09 is that the City shall serve notice to the owner when a parking problem exists and the owner has nine months to cure the problem or else a building permit shall be applied for and issued and a ramp constructed for the parking necessary to cure the problem. Manager Willis stated the size of the building and the C.U.P. for higher office occupancy created the problem. He doesn't think the resolution should be changed though the C.U.P. could be rescinded and the approval could revert to the original 40/ 60% ratio. MOTION was made by Councilmember Zitur to amend the motion to read two months rather than nine months. Motion to amend died for lack of a second. Motion failed, two ayes. Councilmembers Ricker, Sisk, and Vasiliou voted nay. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Vasiliou, to reaffirm Resolution No. 88-09, condition #11, a parking ramp may be required even though the 60% limit may not be exceeded. This is consistent with the ordinance parking requirements for multiple use buildings. Motion carried, three ayes. Mayor Schneider and Councilmember Zitur voted nay. Councilmember Sisk left the meeting at 11:13 p.m. MOTION was made by Co lmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-192 ber Sisk, to adopt RESO N N0. 88-192 APPROVING FINAL PLAT FINAL PLAT, PLYMOUTH FOR TRAMMELL CROW COMPANY YMOUTH FREEWAY CENTER 4TH FREEWAY CENTER 4TH ADDITION (88013). (88013) Item 7-J* CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 11, 1988 for City Council Meeting August 15, 1985 TO: City Manager James Willis FROM: Community Development Director Blair Tremere SUBJECT MARCUS DEVELOPMENT CORPORATION. AMENDMENT OF LAND USE GUIDE PLAN AMENDMENT 87066) ACTION REQUESTED: Council consideration of developer's request to extend City Council imposed deadline for accomplishinq certain develop- ment steps as a condition for approving Land Use Guide Plan Amendment. BACKGROUND: The City Council approved Resolution No. 87-555 on September 14, 1987, authorizing an amendment to the Comprehensive Land Use Guide Plan for property in the northeast quad- rant of West Medicine Lake Road and State Highway 55. Condition No. 11 states: The Development Contract shall be executed and the Building Permit shall be issued, with all fees paid prior to September 1, 1988, or this Resolution will be void, and the requiding will not take place. Further, there shall be no extension of this deadline. The City Council subsequently approved a Preliminary Plat under Resolution No. 88-305, and a Site Plan and Variances under Resolution 88-306, on June 6, 1988. The petitioner, in a letter dated July 29, 1988, has requested that the City Council extend the approval of the Land Use Guide Plan Amendment to September 1, 1989 for reasons cited in the letter. ISSUES AND ANALYSIS: 1. The Council action under Resolution No. 87-555 is very specific as to the duration of the approval. The petitioner presents circumstances which are deemed to be extenuating to the point that the rather absolute condition should be modified to allow another year. Page two Memorandum to City Manager, City Council Meeting August 15, 1988 Marcus Development/Land Use Guide Plan Amendment April 11, 1988 2. The request specifically addresses only the Land Use Guide Plan Amendment, but in fact, involves and complicates the entire development as it stands to- day. State law provides that, for one year following preliminary plat approval, no amendment to a Comprehensive Plan or official control (zoning ordinance or subdivision code) shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application, unless the subdivider and municipality agree otherwise. The preliminary plat was approved on June 6, 1988; thus, the coverage would extend until June 6, 1989, which is about three months prior to the proposed deadline for the Land Use Guide Plan Amendment condition. Further, the City Zoning Ordinance provides that developments which require and which have received Site Plan approval, but for which no Building Permits have been applied for and issued from one year of City Council approval, shall be considered null and void. The Zoning Ordinance does provide that within one year of the original City Council approval, the original petitioner may request, in writing, and the Zoning Official may approve, extensions of not more than six months. The project is subject to Ordinance requirements and State Building requirements in effect at the time of Building Permit application. The one-year time frame for the Site Plan is also June 6, 1989, though admini- strative extensions could be granted for that approval. The Site Plan, how- ever, is contingent upon the filing of the Final Plat (which has not been sub- mitted nor approved) and that is dependent upon the preliminary plat approval which of course is dependent upon the Land Use Guide Plan Amendment approval. Therefore, the matter of synchronizing expiration dates and deadlines should be considered. 3. The Council has three apparent options: a.) Deny the request per the terms of the original Condition No. 11. b.) Approve the request subject to the petitioner's agreement, in writing, that the development would be subject to any duly adopted Comprehensive Plan and official control amendment applicable to this property after June 6, 1989, unless of course, the Final Plat and Development Contract had been approved and the development was underway by then. An alter- native to this specific option, would be to have a Letter of Under- standing extending the coverage allowed by State law for any changes to the Comprehensive Plan or official control until September 1, 1989. The petitioner, under this option, would request extension of the Site Plan approval prior to June 6, 1989, and if everything was in order, the administrative approval could be granted through September 1, 1989. Page three Memorandum to City Manager, City Council Meeting August 15, 1988 Marcus Development/Land Use Guide Plan Amendment April 11, 1988 c.) The date for extension of the Land Use Guide Plan Amendment approval could be amended from the proposed September 1, 1989 until June 6, 1989 to coincide with the coverage period for the preliminary plat and for the site plan. This would put all items in synchronization with established Ordinance and/or State statute periods; if the petitioner found that additional time was needed beyond June 6, 1989, he could return to the Council next spring with that request. RECOMMENDATIONS AND CONCLUSIONS: 1. The City Council must first determine whether the Comprehensive Plan Amendment approval date should be extended. 2. If the date is to be extended, the Council should determine the expiration date; either September 1, 1989 or June 6, 1989 would be appropriate for the reasons stated above. 3. Depending on which date is selected, appropriate language should be incorpor- ated in the approving Resolution to cover the preliminary plat approval and site plan approval. This should be done via written agreement with the petitioner and should not be tied to a date later than the approved date for extension of the Land Use Guide Plan Amendment. The Council approval of this request would carry forward all conditions of this appro- val and would be tied to this petitioner for the proposed development. The purpose of the Council's firm requirement for the Land Use Guide Plan Amendment was to assure that the land was not being reguided simply for the purpose of land speculation and sale to other parties. That does not appear to be the case here, and there do appear to be certain circumstances that were not anticipated by the petitioner or the City at the time of the approval last fall. I can endorse the request provided that the total development approvals are tied to- gether by a common expiration date and provided that there is a written understanding with the petitioner regarding the legal status of the preliminary plat and site plan approval. I recommend that the Council consider the first alternative of the second option in protecting the City's interests relative to possible changes to the Compre- hensive Plan and/or official control after June 6, 1989. I have attached a draft Resolution which would provide for an extension subject to specific date and terms that the Council may adopt. Attachments 1. Draft Resolution 2. July 29, 1988 Petitioner's Correspondence 3. Resolution No. 87-555 MARCUS Real Estate Development CORPORATION July 29, 1988 Mr. Blair Tremere, Director Community Development City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 RE: Plymouth Point Dear Mr. Tremere: In September of last year the City Council approved the request of Marcus Development Corporation for a Land Use Guide Plan amendment for the various parcels that we have either acquired or have under option in the northeast quadrant of the intersection of Highway 55 and West Medicine Lake Road. The Council resolution approving the request was conditioned on our signing a development contract with the City and obtaining a building permit prior to September 1, 1988. As a further condition of approval, the City required the inclusion of the Larson Automotive parcel. We have entered into a Purchase Agreement to acquire the Larson site and have either acquired or have under option the other parcels necessary to make Plymouth Point a reality. Assembling all of this land has been a time consuming and expensive undertaking.' We have also petitioned the City to construct the frontage road and West Medicine Lake improvements as a public improvement project to be commenced in the spring of 1989 and that process is well underway. In spite of all. of our efforts, however, we are unable to comply with the September 1st deadline and therefore, we respectfully ask the City Council to extend its approval of the Land Use Guide Plan amendment to September 1, 1989 for the following reasons: 1. The Larson Automotive site contains ground pollution, the apparent result of leaking gasoline tanks according to our consultants, Braun Engineering. We are in the process of determining the exact extent of the problem and the cost of correction, but as between Larson and ourselves, agreement has not been reached as to who is to bear that cost. Nor do we know how long it will take to 10001 Wayzata Blvd. • Suite 100 • Minnetonka MN 55343 • (61 2) 593-1177 July 29, 1988 Page 2 remove the contaminated soils. Also, the Minnesota Pollution Control Agency and the City must be involved in supervising any clean-up of the site. 2. We have not been able to conclude a binding agreement with an anchor tenant for Plymouth Point because of i) uncertainties regarding the total project cost; and (ii) market conditions. We are now actively competing for tenants with Ryan Development, given the CUP granted for Rainbow Foods, but also Prime Development has accelerated its timetable for development of its property on the south side of Highway 55 across from Plymouth Point. Competition for the anchor tenants for all. three projects has become very keen. Although we are confident that we can secure an anchor necessary to make our project financially viable, this will not be accomplished by September 1. 3. To date we have incurred a substantial amount of expense in assembling the various parcels and for preliminary engineering and design work. Certain of the land that we have assumed is under option to Marcus. Without a time extension from the City, we would have to let these options expire and the entire project would unravel. With the extension we would be willing to incur the economic risk of exercising the options, if necessary, even in the absence of an anchor tenant. We believe that we have worked very diligently and in good faith to overcome the various cost and other obstacles to keep Plymouth Point a reality. Thus we hope that the City Council will be receptive to our request for an extension. As always, we would be happy to answer any questions you might have, but we would appreciate you putting this request on the City Council agenda for its meeting of August 15th. Sincerely, MARCUS REAL Ez4TAT7 /DEVELOPMENT CORP. r Mark O. Senn MOS/bjm CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meetinq of the City Council of the City,of Plymouth, Minnesota, was held on the day of 19_ The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVAL OF IMPLEMENTATION DATE EXTENSION FOR MARCUS DEVELOPMENT CORPORATION (87066/ 88022) WHEREAS, the City Council under Resolution No. 87-555 approved a Land Use Guide Plan Amendment for Mark 0. Senn, Marcus Development Corporation, for land at the northeast corner of State Highway 55 and West Medicine Lake Road, on September 14, 1987; and, WHEREAS, Condition No. 11., provided that the Development Contract was to be executed and the Building Permit was to be issued with all fees paid prior to September 1, 1988; or, Resolution No. 87-555 would be considered void and the authorized reguiding would not take place; and, WHEREAS, the petitioner in a letter dated duly 29, 1988, has requested an extension of that date until September 1, 1989 for reasons cited in the letter; and, WHEREAS, the City Council also approved, for the petitioner, a preliminary plat Resolution 88-305) and a Site Plan and Variances (Resolution 88-306) on dune 6, 1988, and both actions by virtue of State law and/or City Ordinance have a valid period of one year from date of approval; and, WHEREAS, State law and City Ordinance do provide for mutual and written extension of the terms of preliminary plat and site plan approvals; 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 of Mark 0. Senn, Marcus Development Corporation, for an extension of the approval granted under Resolution 87- 555, subject to the following conditions: 1. The approval as limited in Condition No. 11 shall be extended to , 1989, in recognition of the special and extenuating circumstances. 2. All conditions of approval of Resolution No. 87-555 shall be carried forward. 3. The expiration date of the preliminary plat approval shall be dune 6, 1989, unless the City Council authorizes an extension to be confirmed by written agreement with the petitioner to a date not exceeding the date approved for extending the Land Use Guide Plan Amendment approval; further, this extension shall be subject to the understanding that the development is subject to all conditions of approval under Resolution No. 88-305; and, is subject to any changes to the Comprehensive Plan or official controls which might be effec- tive after dune 6, 1989 and which might affect this property. PLEASE SEE PAGE TWO Page two Resolution No. 88- 4. The site plan and variance approval granted under Resolution 88-306 is subject to all conditions of approval and provisions of the Zoning Ordinance relative to extending the period of approval; the period authorized for site plan and variance approvals shall not exceed the date of approval authorized by the. City Council for the Land Use Guide Plan Amendment. 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 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 DATE: August 9, 1988 for City Council Meeting August 15, 1988 TO: City Manager James Willis FROM: Community Development Coordinator Charles E erud through Community SUBJECT Development Director Blair Tremere LARRY AND CAROL LIEDER. RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT (88084) (RPUD 84-1) ACTION REQUESTED: Adopt the Resolution approving the request for an RPUD Development Plan Conditional Use Permit Amendment to allow 25% lot coverage for the construction of a deck to the residence at 4840 Union Terrace. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on July 27, 1988, and recommended approval by unanimous vote. ISSUES AND ANALYSIS: The primary basis for the Planning Commission recommendation is the finding that the proposed deck construction will not intensify the impervious surface concentration. The proposal would therefore not be inconsistent with the Storm Water Drainage Element of the Plymouth Comprehensive Plan. RECOMMENDATION: We recommend approval consistent with the Planning Commission recommendation. Ai-f—k ontc 1. Approving Resolution 2. July 27, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ City of Plymouth, Minnesota, was held on the following members were present: The following members were absent: meeting of the City Council of the day of , 19_ The introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR LARRY AND CAROL LIEDER (88084) (RPUD 84-1) WHEREAS, Larry and Carol Lieder have requested a Planned Unit Development Plan Conditional Use Permit Amendment for property located at 4840 Union Terrace Lane to allow lot coverage of 25% versus the Ordinance standard 20%, for the construction of a deck addition to their home; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Larry and Carol Lieder for a Residential Planned Unit Development Plan Conditional Use Permit Amendment to allow lot coverage of 25% versus the Ordinance standard 20%, for the construction of a deck to the residence at 4840 Union Terrace Lane, subject to the following condition: 1. No yard setback variances are granted or implied. 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. Planning Commission Minutes July 27, 1988 Page 182 Chairman Pauba introduced the request by Larry and Carol Lieder. The reading of the July 18, 1988 Staff Report was waived. Chairman Pauba introduced the petitioner Larry Lieder, 4840 Union Terrace Lane. Mr. Lieder advised that he had read the Staff Report and had provided written responses to each of the Planning Staff comments. Chairman Pauba opened the Public Hearing. Mr. Don Wisdorf, 4830 Union Terrace Lane, indicated that he is the neighbor that is just to the east of the Lieders and the one most affected by the deck. He stated that the deck is attractive, blends in well with the area and would be an asset. He added that the Lieders are the neatest neighbors in the area, and he approved of the deck 100%. Mr. Gerald Duffee, 4850 Union Terrace Lane, stated that he lives directly to the west of the Lieders. He stated that the deck is very conservative, and tasteful and he recommends early approval could be reached. Chairman Pauba closed the Public Hearing. Commissioner Stulberg advised that he supports the staff and added that staff, as well as the Commission are responsible to uphold the Ordinance criteria. Motion by Commissioner Stulberg, seconded by Commissioner Wire to approve the Conditional Use Permit Amendment to the Planned Unit Development subject to the conditions listed in the July 18, 1988 Staff Report. Commissioner Plufka stated that he is in favor of this request, however, cautioned the Commission that to follow the letter of the law would be to deny this request. He emphasized the need to take a look at the community as a whole; Mr. Lieder had indicated, he wanted his request dealt with only on the basis of its merit. Commissioner Plufka stated that if one requested was granted, how can a similar request be denied? Commissioner Stulberg stated that if this request was dealt with only on its merits, the Commission is bound by the City to deny it, so by dealing with it on a City-wide basis, it is saying that there is a marketing issue and this is why he cannot come to an approval for this recommendation. LARRY AMID CAROL LIEDE CONDITIONAL USE PERM:: AMENDMENT TO ALLOW LC COVERAGE OF 25% (88084) V,• • • • • •• a Planning ComTti.ssion Minutes July 27, 1988 Page 183 Commissioner Plufka stated that the Lieders have a good proposal and reiterated that he was going to vote to approve, and the Ordinance must be reviewed and updated. Roll Call Vote. 6 Ayes. MOTION CARRIED. VOTE - MOTION CARRIE=D OLD BUSINESS C firman Pauba introduced the request by Carlson Properties, CARLSON PROPERTIES IW In The reading of the July 19, 1988 Staff Report was FINAL PLAT, SITE PLAN wai CONDITIONAL USE PERM£ 88065) Coordinatorlerud advised that an investigation has taken place since last Planning Commission Meeting to ascertain whether e covenant was drafted and filed. As of this time, there i \ ith ence that it had been done. He stated that he has mthe people from Carlson and they have discussed what had in mindwith regard to the covenant. Chairman Pauba introduced Lar Chiat, 3222 Plaza VII, who indicated that he agrees with C inator Dillerud and that in checking their files, no cov\ andord drafted or filed, however, conversation didgarding this issue. Mr. Chiat indicated thatng to draft the covenant to the City's approvhe same. He added that Carlson would like nked to the current applications, and would to convert from the 51 to 45 stalls. Wes Johnson, 12813 Industrial Park Boulevard, indi tVch that one of the tenants has vacated the building had allowed for open spaces. He has sent a letter to ther tenants asking that they use these open spaces and to se parking on Teakwood Lane. Mr. Chiat indicated that a question was raised at the last meeting about the status of the channel easement. He indicated that a letter has been submitted with the landscape plans, which show exactly what will happen with the channel. He indicated that fill would be needed, and the channel will be refigured to the south. He added that the oak tree will be preserved and additional trees would be added. Commissioner Plufka inquired how the erosion would be controlled. Mr. Chiat indicated that there are 4-5 pages of plans showing the details, and that a silt fence would be used. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager dames G. Willis //'' 4 iCi FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RELEASE OF SITE PERFORMANCE GUARANTEE FOR LARSON-OLSON (86053) ACTION REQUESTED: Adopt the attached Resolution authorizing the release of the Site Performance Guarantee for Larson -Olson for property located at 12811 16th Avenue North. ISSUES AND ANALYSIS: Planning staff inspected the site and found all site improvements to be completed. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution authorizing the release of the Site Performance guarantee for Larson -Olson for property located at 12811 16th Avenue North. 1. Resolution 2. Site Location Map 3. Resolution No. 86-377 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. 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR LARSON-OLSON (86053) WHEREAS, a Site Plan for Larson -Olson for property at 12811 16th Avenue North was approved under City Council Resolution No. 86-377; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $123,694.00; and, WHEREAS, the City Council under Resolution No. 87-407 authorized the reduction of the financial guarantee to $17,540.00; and, 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. 3604 in the amount of $17,540.00 which was submitted to guarantee site improvements for Larson -Olson for property located at 12811 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. 04 44, Olt 01v Awk! x tLLbpplw All Alp ft's a• -Its SIOW Sfrt• C!51*I(I eLN.•Ax. sc-m OIST•IC• expo"• D:!,.:C, vCp,.t-z. e(LG 55 CITY OF PLYMOUIT{ i Pursuant to due call and notice thereof, a special meeting of the pity Council o` the City of Plymouth, Minnesota, was held on the 23rd day of Jun,_ 19 , The following members were present: Mayor Schneider, Councilmembers Crain Sisk _ Vasiliou, and Zitur Thc following members were absent: ;Ione Councilmember Zitur adoption: introduced the following Resolution and moved its RESOLUTION NO. 86- 377 APPROVING SITE PLAN FOR ROBERT VETTER FOR R. JOHNSON CONSTRUCTION COMPANY (86053) WHEREAS, Robert Vetter, R. Johnson Construction Company, has requested approval of a Site Plan to construct an approximate 41,880 sq. ft. office/warehouse facility at 12811 16th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request by Robert Vetter, R. Johnson Construction Company for a Site Plan to construct an approximate 41,880 sq. ft. office/warehouse facility at 12811 16th 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 Dedication Policy in effect at the time of Building Permit issuance. 3. Provisions for a 15 -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. 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. All waste and waste containers shall be stored within the structure, and no out- side storage is permitted. 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. CITY OF PLYMOUTH [-F- oL 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RELEASE OF SITE PERFORMANCE GUARANTEE FOR U-DO-CARW.ASH (85109) ACTION REQUESTED: Adopt the attached Resolution authorizing the release of the Site Performance Guarantee for U-Do-Carwash for property located at 14440 28th Place North. ISSUES AND ANALYSIS: Planning staff inspected the site and found all site improvements to be completed. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution authorizing the release of the Site Performance guarantee for U-Do-Carwash for property located at 14440 28th Place North. 1. Resolution 2. Site Location Map 3. Resolution No. 85-974 401, 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. 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR U-DO-CARWASH (85109) WHEREAS, a Site Plan for U-Do-Carwash for property at 14440 28th Place North was approved under City Council Resolution No. 85-974; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $32,500.00; and, WHEREAS, the City Council under Resolution No. 87-49 authorized the reduction of the financial guarantee to $2,500.00; and, WHEREAS, the City Council under Resolution No. 87-506 authorized the reduction of the financial guarantee to $400.00; and, 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 Certificate of Deposit No. 7127 in the amount of $400.00 which was submitted to guarantee site improvements for U-DO-Carwash on property located at 14440 28th Place 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. 47" AK. CITY NAL- 7 L my C I T Y OF PLYMOUTH CD If1 O Z 0 CITY O(- PLYMO(JTH Pursuant to due call and notice thereof, a Regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 16th day of December . 1985_ The following members were present: Mayor Davenport, ounci1members Crain, Neils and Schneider The following members were absent: Councilmember Vasiliou Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 85-974 APPROVING GENERAL DEVELOPMENT PLAN AMENDMENT, SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR "U-DO-CARWASH" (85109) WHEREAS, Bob Fields and Brian Zeubert have requested approval of a General Develop- ment Plan Amendment, Site Plan, Conditional Use Permit, and Variance for a carwash to be located at 28th Place and Glacier Lane; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTfi, MINNESOTA, that it should and hereby does approve the request by Bob Fields and Brian Zeubert for a General Development Plan Amendment, Site Plan, Conditional Use Permit and Variance for a carwash to be located at 28th Place and Glacier Lane, subject to the following: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission. of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. The Conditional Use Permit is subject to all applicable codes, regulations and Ordinances and violation thereof shall be grounds for revocation. 5. The site shall be maintained in a sanitary manner. 6. All waste and waste containers shall be stored within approved areas. 7. There shall be no outside display, sales, or storage of merchandise or related materials. 8. Any signage shall be in compliance with the Ordinance. 9. The Conditional Use Permit for the car wash shall be subject to review one year after issuance. 10. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. PLEASE SEE PAGE TWO Fade talo Resolution No. 85- 974 11. No stacking or parking on the public road is allowed; policing of this shall be the responsibility of the car wash management. 12. An employee will be present at the carwash during all hours of operation. 13. Approval includes the proof -of -parking plans for the carwash and alternate use dated November 18, 1985. 14. Should this use no longer function in this building, the best alternate use shall be an office, and that use shall be reflected on the General Development Plan in that event. 15. Appropriate legal documents as approved by the City Attorney shall be filed on the property limiting alternate use of the building to an office, based upon installation of Ordinance required parking per proof -of -parking plan prior to issuance of a Building and/or Occupancy Permit. 16. Variances include drive aisle setback (1 ft. vs. 15 ft.) and number of parking spaces (3 vs. 25). The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Neils , and upon vote being taken thereon, the following voted in favor thereof: _ Mayor Davenport. Coun.ilm mherc Crain, Neils and Schneider The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH F - S 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager James G. Willis Gid FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RELEASE OF SITE PERFORMANCE GUARANTEE FOR L.S.I. CORPORATION (85021) ACTION REQUESTED: Adopt the attached Resolution authorizing the release of the Site Performance Guarantee for L.S.I. Corporation for property located at 2100 Xenium Lane North. ISSUES AND ANALYSIS: Planning staff inspected the site and found all site improvements to be completed. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution authorizing the release of the Site Performance guarantee for L.S.I. Corporation for property located at 2100 Xenium Lane North. 1. Resolution 2. Site Location Map 3. Resolution No. 85-351 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. 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR L.S.I. CORPORATION (85021) WHEREAS, a Site Plan for L.S.I. Corporation for property at 2100 Xenium Lane North was approved under City Council Resolution No. 85-351; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Bond in the amount of $145,000.00; and, 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 Bond No. 47-0120-11271-85-9 in the amount 'of $145,000.00 which was submitted to guarantee site improvements for L.S.I. Corporation for property located at 2100 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. j z A' 1 V) Z 3-) z Its RIP:f - Fw3r--, AVE. N. _z OR (P('(8 4 nsvvIt- Ile4t 9j z 3i 7) Al VOL lk, 12 INDuSIRIAL PARK m BLVD. R I AL PARK BLVD. F_` EASTj 4z a- 1— ol, 26?5 23* RES 24_ STORM SEWER DISTRICT BC,:- SCHM DISTRICT BOLJNDAR I EON - WATE RSW D 0 15 'It I C 1 LCONL J<RM(Nl BOo?4DARI 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 7 h day of May 1985. The following members were present: Mayor Davenpor , ouncilmembers r;7777 --T eils, Schneider and Vasiliou The following members were absent: none f-. t Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 95- 351 APPROVING SITE PLAID A11FNDMFNT AND VARIANCES FOR LSI CORPORATIO'J (85021 ) WHEREAS, LSI Corporation has requested approval of a Site Plan Amendment c! Variances to expand the existing facility and associated parking area at 2100 enir Lane; arid, WHEREAS, the PIAnn inq Commission has reviewed said request at a duly called Puhlir Hearinq and recommen,is approval: NON, THEREFORE, RE IT HERFRI RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby dons approve the request for LSI Corpration for a Site Plan Amendment and Variances to expand the existinq facility and associates! parking area at 2100 Yenium Lane, subject t , ) the followinq condieions: 1. Compliance with Cit\, Engineer's t•lemorandum 2, Payment of park dedication fees -in -lieu of dedication in accordance witr, Dedication Polio in effect at the time of Ruildinq Permit issuance, ha sed the area of the parcel heinq consolidated. tri. u i,r. 3. Submission of required financial quarantee And Site Performance Agrvement fnr completion of site improvements. 4. Anv sigrnage shall be in compliance with the Ordinance. 5. Ansubsequent phases or expansions are subject to required reviews and appro\- al's per Ordinance provisions. 6. All waste and waste containers shall he stored within the structure, and no side storage is permitted. otit- 7. No Ruildinq Permit to be issued until the Lot Division/Consolidation is and recorded with Hennepin Countv. fi10d g. Approved Variances include: a. 5 ft. setback from parkinq to the huildinq b. 0 ft. setback to east property line for parking and drive aisle PLEASE SEF PAGE TWO U Page two Resolution Flo. 55- 351 9. Appronriate legal documents establishing a covenant on the identifyinq property shall tw that thi- approved b the Citv Attorney and filed at Hennepin Count , t ) future use of the huildinq may require the construction of a narkinqai3),i1dinq rami) Permit. satisfy Ordinance parkinq requirements, prior to issuance of 10. Curhinq alono the east parkinq area and driving lane mai he an alternatf, to B-612 as approved by the City Engineer. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Neils . and upon vote being taken thereon, the following voted in favor thereof: MayUr Davenport, Councilmembers Crain, Neils, Schneider and Vasiliou The following voted against or abstained: ne Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH S -F- 4 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager dames G. Willis G! FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RELEASE OF SITE PERFORMANCE GUARANTEE FOR WELSH COMPANIES FOR "WILLOW CREEK PLAZA" (86030) ACTION REQUESTED: Adopt the attached Resolution authorizing the release of the Site Performance Guarantee for Welsh Construction Company for "Willow Creek Plaza" on property located at 9800 Shelard Parkway. ISSUES AND ANALYSIS: Planning staff inspected the site and found all site improvements to be completed. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution authorizing the release of the Site Performance guarantee for Welsh Construction Company for "Willow Creek Plaza" on property located at 9800 Shelard Parkway. 1. Resolution 2. Site Location Map 3. Resolution No. 86-288 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. 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR WELSH CONSTRUCTION COMPANY FOR WILLOW CREEK PLAZA" (86030) WHEREAS, a Site Plan for Welsh Construction Company for "Willow Creek Plaza" on property at 9800 Shelard Parkway was approved under City Council Resolution No. 86-288; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $131,550.00; and, WHEREAS, the City Council under Resolution No. 87-479 authorized the reduction of the financial guarantee to $11,700.00; and, 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. 590 in the amount of $11,700.00 which was submitted to guarantee site improvements for Welsh Construction Company for "Willow Creek Plaza" located at 9800 Shelard Parkway. 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 f'LYW)t1TH 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 May _ 1%6. The following meters were present: Mayor Schneider, Councilmembers Crain Sisk, Vasiliou and Zitur Tne following members were absent: none Councilmember Crain introduced the following Resolution and moved its adoption: RESOLUTION NO. 86- 288 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR AN OFFICE BUILDING FOR WELSH CONSTRUCTION CORPORATION (86030) WHEREAS, Welsh Construction Corporation has requested approval of a Site Plan and Conditional Use Permit for the construction of an approximate 58,000 sq. ft. office building at the northwest corner of Shelard Parkway and County Road 18; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Welsh Construction Corp- oration for a Site Plan and Conditional Use Permit for the construction of an office building at the northwest corner of Shelard Parkway and County Road 18, 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. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. No variances are granted or implied. 6. All waste and waste containers shall be stored within the enclosure and no outside storage is permitted. 7. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. PLEASE SEE PAGE Two r Resolution tdo. 8b- 2 S. Approval includes a Conditional Use Permit for increased building height of 5.4 ft., consistent With Section 10, Subdivision C, 1 ofthe Zoning Ordiriar,ce. 9. Appropriate legal documents such as easements, covenants and restrictions, as approved by the City Attorney, shall he filed and recorded, allowing for the permanent shared access for Lots 1 and 2, Block 1, prior to issuance of a building_ permit. The motion for adoption of the foregoing Resolution was duly seconded by _ Councilmember Zi.tur , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider Councilmemb rs Crain, Sisk Vasiliou and Zitur The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted_ CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT RELEASE OF SITE PERFORMANCE GUARANTEE FOR OGREN PROPERTIES FOR "ROCKFORD SQUARE" (85006) ACTION REQUESTED: Adopt the attached Resolution authorizing the release of the Site Performance Guarantee for Ogren Properties for "Rockford Square" on property located at 4400 Nathan Lane. ISSUES AND ANALYSIS: Planning staff inspected the site and found all site improvements to be completed. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution authorizing the release of the Site Performance guarantee for Ogren Properties for "Rockford Square" on property located at 4400 Nathan Lane. I A -r -..l....... - 1. Resolution 2. Site Location Map 3. Resolution No. 85-199 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. 88 - AUTHORIZING RELEASE OF SITE PERFORMANCE GUARANTEE FOR OGREN PROPERTIES FOR "ROCKFORD SQUARE" (85006) WHEREAS, a Site Plan for Ogren Properties for "Rockford Square" located at 4400 Nathan Lane was approved under City Council Resolution No. 85-199; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Letter of Credit in the amount of $73,619.00; and, WHEREAS, the City Council under Resolution No. 86-801 authorized the reduction of the financial guarantee to $7,000.00; and, 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. 20-85 in the amount of $7,000.00 which was submitted to guarantee site improvements for Ogren Properties for "Rockford Square" located at 4400 Nathan Lane. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY C PLYI-M, 1"i Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the 18th day of March 1985. The following members were present:Mayor Davenport, Councilmembers Schneider, Neils, Crain and Vasiliou The following members were absent: none Councilmember Schneider adoption: introduced the following Resolution and moved its RESOLUTION NO. 85- 199 APPROVING SITE PLAN AND VARIANCE FOR OGREN PROPERTIES (85006) WHEREAS, Ogren Properties has requested approval of a Site Plan and Variance for development of a 7,000 sq. ft. convenience center to be located east of Nathan Lane on Lot 3, Block 1 Rockford Square Addition; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Ogren Properties for a Site Plan and Variance for development of a 7,000 sq. ft. convenience center to be located east of Nathan Lane on Lot 3, Block 1 Rockford Square Addition, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 5. All signage shall be in compliance with the Ordinance, and no variances are granted or implied. 6. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 7. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. 8. No Building Permit to be issued until the Final Plat for Rockford Square is filed and recorded with Hennepin County. PLEASE SEE PAGE TWO Page two Resolution No. 85- lgg 9. Approved Variance includes: a north side of the building. waiver of the fire lane requirements for the 10. Prior to issuance of a Building Permit approval from Northwestern Bell for the cable relocation shall be granted and verified in writing. 11. The lower building level is for product storage and mechanical equipment only; no tenant occupancy shall be allowed. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the following voted in favor thereof: Mayor Davenport, Councilmembers Schneider, Neils, Crain and Vasiliou The following voted against or abstained: none Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager dames G. Willis CSG FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION FOR SUMMERPLACE" APARTMENTS (86014) ACTION REQUESTED: Adopt the attached Resolution authorizing the reduction of the Site Performance Guarantee for Stuart Corporation for "Summerplace" apartments located at 15300 37th Avenue North. BACKGROUND: The City Council authorized a reduction of this financial guarantee on August 17, 1987. PRIMARY ISSUES AND ANALYSIS: Planning Staff inspected the site. The following deficiencies and requirements remain: 1. Replacement of a number of dead plantings. The reduced amount is deemed adequate to cover the remaining work. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution to reduce the financial guarantee for Stuart Corporation for "Summerplace" apartments on property located at 15300 37th Avenue North. 1. Resolution 2. Site 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. 88 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR STUART CORPORATION FOR SUMMERPLACE" APARTMENTS (86014) WHEREAS, a Site Plan for Stuart Corporation for "Summerplace" apartments, 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. 87-71 approved the reduction of the Letter of Credit to $147,800.00; and, WHEREAS, the City Council, under Resolution No. 87-532, approved the reduction of the Letter of Credit to $20,000.00; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the reduction of the Letter of Credit No. P-244 in the amount of $20,000.00 which was submitted to guarantee site improvements for Stuart Corporation for "Summerplace" apartments located at 15300 37th Avenue North, to $5,000.00. 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. I i Ca a/q`; i o l woom"Iffilp; or/t- ilif CITY OFPl_YF;,Tti 0 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was held on the th day of April 1986. The following members were present: Mayor Schnee er, ounciImembers Crain, Sisk, Vasiliou and Zitur Tne following members were absent: none t** Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 86-188 APPROVING SITE PLAN, AND CONDITIONAL USE PERMIT FOR STUART NOLAN, STUART CORPORATION 86014) WHEREAS, Stuart Nolan, Stuart Corporation, has requested approval of a Site Plan and Conditional Use Permit for the construction of two apartment buildings for a total of 160 units west of Plymouth Creek and north of 37th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Stuart Nolan, Stuart Corporation, for a Site Plan and Conditional Use Permit to construct two apartment buildings west of Plymouth Creek and north of 37th Avenue North, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedi- cation Policy in effect at the time of Building Permit issuance. A 15 ft. trail easement shall be provided along the northwest property line. 3. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 4. Submission of required financial guarantee and Site Performance Agreement for com- pletion of site improvements. 5. Signage shall be in compliance with the Ordinance, per approved site plan. 6. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 7. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. PLEASE SEE PAGE Two f'dge two Resolution 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 SchneidPr_ CotjnrilmPmhPr- Crain- Sick Vasiliou and 7itur The following voted against or abstained: nnnP Whereupon the Resolution was declared duly passed and adopted. CITY OF pLYMOUTH c 3400 PLYMOUTHBMOUTH, MINNESOTA 55447 TEEPHONE 2 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager 3ames G. Willis 4a4e- F R O M: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT REDUCTION OF SITE PERFORMANCE GUARANTEE FOR MORTENSON DEVELOPMENT COMPANY 87120) TION REQUESTED: Adopt the attached ResolutiMortenson1Developme zinQ the reduction Company ffor eprSite AC Performance Guarantee for erty located at 4425 State Highway 169 (formerly County Road 18). PRIMARY ISSUES AND ANALYSIS: Plannin Staff inspected the site. The following deficiencies and requirements remain: 9 1. Winter survivabilityOf landscaping. 2. "As -Built" utility plan. The reduced amount is deemed adequate to cover the remaining work. RECOMMENDATIONS AND CONCLUSIONS: antee for recommend adoption of the attached Resolution to d td4425 Stat financialucethe Highway g169r( formerly I property toMortensonDevelopmentCompanyforpropy County Road 18). Attachments 1. Resolution 2, Site Location Map CITY OF PLYMOUTH- _ 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 bn DATE: August 10, 1988 for City Council Meeting August 15, 1983 TO: City Manager James G. Willis FROM: Associate Planner Al Cottingham through Community Development Director Blair Tremere SUBJECT REDUCTION OF SITE PERFORMANCE GUARANTEE FOR VANTAGE PROPERTIES, INC. 85047) ACTION REQUESTED: Adopt the attached Resolution authorizing the reduction of the Site Performance Guarantee for Vantage Properties, Inc. for property located at 2405 Xenium Lane. PRIMARY ISSUES AND ANALYSIS: Planning Staff inspected the site. The followinq deficiencies and requirements remain: 1. Replacement of dead plantings. 2. "As -Built" utility plan. The reduced amount is deemed adequate to cover the remaining work. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution to reduce the financial guarantee for Vantage Properties, Inc. for property located at 2405 Xenium Lane. 1. Resolution 2. Site Location Map 3. Resolution No. 85-489 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. 88 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR VANTAGE PROPERTIES, INC. 85047) WHEREAS, a Site Plan for Vantage Properties, Inc. for property at 2405 Xenium Lane was approved under City Council Resolution No. 85-489; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Bond in the amount of $55,550.00; 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 Site Performance Bond No. 102624 in the amount of $55,500.00 which was submitted to guarantee site improvements for Vantage Properties, Inc. on property located at 2.405 Xenium Lane to $10,000.00. 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. t _ P i p bd 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 15t day of July • 19 85 The following members were present:_ Deputy Mayor Schneider, Councilmembers Crain. Nei]s and Vasiliou The following members were absent: Mayor Davenport adoption: rain introduced the following Resolution and moved its RESOLUTION NO. 85-489 APPROVING SITE PLAN, AND VARIANCES FOR VINTAGE COMPANIES (85047) WHEREAS, Vantage Companies has requested approval of a Site Plan and Variances for the construction of 'a multi -tenant office/showroom building on 3.7 acres located be- tween 24th and 26th Avenues North, west of Xenium Lane; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Vantage Companies for a Site Plan and Variances for the construction of a multi -tenant officeishowroom building on 3.7 acres located between 24th and 26th Avenues North, west of Xenium Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Prior to issuance of any new sign permits it shall be assured that all signage on this site shall be in compliance with the current Ordinance requirement. 5. Any subsequent phases or expansions are subject to required reviews and approv- als per Ordinance provisions. 6. All :caste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. PLEASE SEE PAGE TWO page two Resolution No. 85-489 7. Approved Variances include a 25 ft. front yard setback vs 50 ft. to 24th and 26th Avenues North and Xenium Lane for the parking spaces; a 10 ft. setback vs 15 ft* to the property line for the drive aisle; and, a 1 ft. setback to the west building wall for 5 parking spaces vs 10 ft. setback, These yard variances are in consideration of the mitigative and compensatory measures of additional landscaping and screening. 8. Submittal of all required easements including street easement for Xenium Lane as approved by the City Engineer prior to issuance of Building Permits. The wotion for adoption of the foregoing Resolution was duly seconded by Councilmember Neils , and upon vote being taken thereon, the To - owing voted in favor thereof: Ueputy Mayor Schneider, Councilmembers Crain, Neils and Vasiliou The following voted against or abstained:__ AOne hereupon the Resolution was declared duly passed and adopted. ACTION REQUESTED: Adopt the attached Resolution authorizing the reduction of the Site Performance Guarantee for Scoville Press for property located at 14505 27th Avenue North. PRIMARY ISSUES AND ANALYSIS: Planning Staff inspected the site. The followinq deficiencies and requirements remain: 1. Replacement of dead landscaping. 2. "As -Built" utility plan. The reduced amount is deemed adequate to cover the remaining work. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution to reduce the financial guarantee for Scoville Press for property located at 14505 27th Avenue North. 1. Resolution 2. Site Location Map 3. Resolution No. 85-664 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 for City Council Meeting August 15, 1988 TO: City Manager dames G. Willis FROM: Associate Planner Al Cottinqham through Community Development Director Blair Tremere SUBJECT REDUCTION OF SITE PERFORMANCE GUARANTEE FOR SCOVILLE PRESS 82062) ACTION REQUESTED: Adopt the attached Resolution authorizing the reduction of the Site Performance Guarantee for Scoville Press for property located at 14505 27th Avenue North. PRIMARY ISSUES AND ANALYSIS: Planning Staff inspected the site. The followinq deficiencies and requirements remain: 1. Replacement of dead landscaping. 2. "As -Built" utility plan. The reduced amount is deemed adequate to cover the remaining work. RECOMMENDATIONS AND CONCLUSIONS: I recommend adoption of the attached Resolution to reduce the financial guarantee for Scoville Press for property located at 14505 27th Avenue North. 1. Resolution 2. Site Location Map 3. Resolution No. 85-664 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. 88 - AUTHORIZING REDUCTION OF SITE PERFORMANCE GUARANTEE FOR SCOVILLE PRESS (82062) WHEREAS, a Site Plan for Scoville Press, for property at 14505 27th Avenue North was approved under City Council Resolution No. 85-664; and, WHEREAS, the developer submitted the required Site Performance Guarantee in the form of a Bond in the amount of $72,000.00; and, WHEREAS, upon notice from the developer, City staff has inspected said site and recommends reduction of the financial guarantee; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the reduction of the Site Performance Bond No. 686F958-6 in the amount of $72,000.00 which was submitted to guarantee site improvements for Scoville Press, on property located at 14505 27th Avenue North to $15,000.00. 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. I f ;n•- rr.irrrt 'sr tt. x" CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Special meeting of the City Council of the City of Plymouth, Minnesota, was held on the 9th_day of September . 1985. The following members were present: Mayor Davenpor. Councilmembers Neils. Schneider, Crain and Vasiliou The following members were absent: none sf• fa• •. • Councilmember Schneider introduced the following Resolution and moved its adoption: RESOLUTION NO. 85- 664 REAFFIRMING APPROVAL OF SITE PLAN FOR WOODBRIDGE PROPERTIES FOR SCOVILLE PRESS (82062 WHEREAS, Woodbridge Properties, has requested approval for a Reaffirmation of the Site Plan for Scoville Press for an industrial building at 14505 27th Avenue North; and, WHEREAS, the Planning Commission has reviewed said request at their meeting and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by W000dbridge Properties for Scoville Press for Reaffirmation of Site Plan for the construction of an industrial building at 14505 27th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum 2. Compliance with all conditions as stated in Resolution No. 82-620 and plans staff dated August 13, 1985. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Vasiliou , and upon vote being taken thereon, the following voted In favor thereof: _Mayor Davenport. Councilmembers Neils. SCbnpJdPr. Crain and Yasiliou The following voted against or abstained: none Vhereupon the Resolution was declared duly passed and adopted. 4 DATE: TO: FROM: SUBJECT: MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 August 9, 1988 For City Council Meeting of August 15, 1988 James G. Willis, City Manager Fred G. Moore, Director of Public Works CHANGE ORDER NO. 1 22ND AVENUE CITY PROJECT NO. 813 ACTION REQUESTED: Lundgren Bros., petitioner for the 22nd Avenue Project have requested that utilities and street improvements be made on Weston Lane north and south of 22nd Avenue as part of the 22nd Avenue Project No. 813. In addition, the contractor is also requesting a six day extension of the completion date due to the increased scope of the project. RECOMMENDATIONS AND CONCLUSIONS: attached be approved as shown. r Fred G. Moore, P. E. FGM/sm attachment: Resolution Change Order Letter I recommend that the Change Order herein CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING CHANGE ORDER NO. 1 22ND AVENUE CITY PROJECT NO. 813 WHEREAS, Change Order No. 1 has been prepared providing for the following changes to the 22nd Avenue Contract for City Project No. 813: Extend utility lines and streets on Weston Lane, adjacent to 22nd Avenue. This work was petitioned by the developer. AND WHEREAS, Change Order No. 1 for 22nd Avenue Improvements Contract, City Project No. 813 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 1 for the 22nd Avenue Improvements Contract, City Project No. 813 by adding $27,537 is approved and the original contract price of 192,463.65 is revised to $220,000.65. 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. XXX )!XX I XX1: t Bones t roo Rosene Anderlik & Associates Engineers & Architects July 28, 1988 City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Attn: Mr. Chet Harrison Re: Change Order No. 1 22nd Avenue City Project No. 813 BRA File No. 70235 Dear Chet: Otto G. 6orestroe, FE. Kei .A. Gord r'.E. Tt ,a.; U Pe erso r, PE. Cha les A. Erickson Rotert W Rosene P- Ric a o J.. Fes E M hac ync PE. Leo M, Pa,ve,sky Joseph C. Anderlik, PE. Dora:d C. bu a PE Ja ffe; it M a FE Harlan M Olson Bradford A,. Lemberg, PE. Jerry A. Bou rdo F.E Kennetr, F Anoe -o. , PE. Susan M. Ebe in Richard E. Turner, PE. Mark A. Hanson, PE. Keit,, A. 6chmann, PE Mark A. Seip James C. Olson, PE Ted K. Field, PE. Mark R. Roll's, PE Glenn R. Cook, PE Michaei T Rautmanr, PE. Robert C Rossek. A] A. Thomas E. Noyes, PE. Robert R. Pfefferie, PE. Thomas E Angus. RE Robert G. Schunicht, PE. Daa.id O Loskota, PE Hovvard A Sanford, PF. Marvin L Sorvala, PE. Regarding the Woodcreek Addition Storm Sewer Improvements and 22nd Avenue Utility and Street Improvements project, four (4) copies of Change Order No. 1 are enclosed. This change order provides for the extensions of utility lines and streets on Weston Lane, adjacent to 22nd Avenue. This additional work was petitioned by the Developer. The unit costs used in the change order are the same as bid for the 22nd Avenue work. These unit costs were acceptable to the Contractor. New unit costs were established for the 24" R.C.P. piping and flared ends. We believe that the new unit costs are fair and reasonable. This charge order increases the project cost by $27,537.00, which is a 14.3% increase over the original contract amount. In addition, the Contractor has requested a 6 day extension of the completion date. Due to the increased scope of the project, we believe that this request is justified. In conclusion, we feel that the enclosed Change Order No. 1 for 22nd Avenue is reasonable and we recommend approval by the City. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. KLM., U. ac u•,.a_ Keith A. Bachmann KAB:kj 9757f 2335 West Highway 36 9 St. Paul, Minnesota 55113 • 612-636-4600 1 23< Sd CHANGE ORDER AUG1988 ri v DATE: July 25, 1988mflatn - PLACE: Plymouth, Minnesota I Of Plf ; PROJECT: 22nd Avenue FILE N0: 70235 PROJECT NO.: 819 CONTRACTOR: Northdale Construction Co., Inc. 14450 Nort vd., Rogers MN 55374 CHANGE ORDER N0: 1 DESCRIPTION OF WORK: This Change Order provides for the extensions of utility lines and streets.within the Steeplechase 6th as requested by the Developer. This Change Order also provides for an extension of time to August 12, 1988 to complete the additional work The following items are to be added to the Contract. Est'd. Total MUMe Order Item unit rice ant t unot Part e - Water Main 8- DIP, Class 32 L.F. 11.50 270 3,105.00 69 DIP, Class 52 L.F. 10.00 145 1,450.00 51 Valve hydrant Each 850.00 2 1,700.00 Cast iron fittings Lbs. 1.00 20 20.00 Mechanical trench compaction L.F. 0.50 415 207.50 Each TOTAL PART I WATER MAIN C.Y. 6,482.50 Vaxt B -Storm Sewer 2,108.00 2,330.00 224 240 R.C.P., Ci. 1II L.P. 25.10 18- R.C.P., Cl. IV L.F. 17.00 CBMS w/R3067V Each 850.00 1"rsv" pipe- £eundattan- per -,60- depth : _. - - y ---- increments L.F. 0.50 Mechaa3cal treach cosipactioa - `, L.F. 0.50 24' R.C.P. flared end w/trash guard Each 630.00 180 R.C.P. flared and w/trash guard Each 450.00 Rip rap in place C.Y. 50:00 Filter material ..,.. _ C.Y. 10.00 Siltation/erosion control..fence 61 PVCPP drain till L.F. L.F. 2.50 9.00 Channel excavation Y, .. ` < t L.F. 1.00 TOTAL PART II - STORM SEWER 100 $2,510.00 124 3 2,108.00 2,330.00 224 112.00- 224 112.00 2 1,260.00 1) 450.00) 10 500.00 5 50.00 100)- 250.00) 40 360.00 100) 100.00) 8,762.00 300 $450.00 1,750.00 437.50 CHANCE ORDER DATE: July 25, 1988 PLACE: Plymouth, Minnesota FILE NO: 70235 PROJECT: 22nd Avenue PROJECT NO.: 813 CONTRACTOR: Northdale Construction Co., Inc. 14450 Northdale Blvd., Rogers MH 55374 CHAWS ORDER N0: 1 RWRIPTION OF V0 4 MEMO i CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 9, 1988 For City Council Meeting of August 15, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: CHANGE ORDER NO. 1 1988 SEAL COAT PROGRAM ACTION REQUESTED: Since we have received such a good bid price for Seal Coating this year and are under budget, we are requesting that Niagara Lane, between Hwy. 55 and County Rd. 6, be added with a Class A Aggregate. BACKGROUND: Our normal aggregate covering is FA -2 which is a smoother surface aggregate. The Class A aggregate has sharper edges and should bind better with the bituminous emulsion. We are looking at Niagara Lane as a test section for the Class A aggregate. Also, we are requesting that Holly Lane north of County Rd. 9 be seal coated with the FA -2 aggregate. All of the above work to be added will remain under budget. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the Change Order herein attached be approved as shown. Fred G. Moore, P. E. FGM/sm attachment: CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING CHANGE ORDER NO. 1 1988 SEAL COAT PROGRAM WHEREAS, Change Order No. 1 has been prepared providing for the following changes to the 1988 Seal Coat Program Contract. Add: 36,822 S.Y. of seal coat with Class A Aggregate - Niagara Lane, South of Highway 55 and north of County Road 6 Add: 4808 S.Y. of Seal Coat with FA -2 Aggregate - Holly Lane, north of County Road 9. 0 AND WHEREAS, Change Order No. 1 for 1988 Seal Coat Program is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 1 for the 1988 Seal Coat Program Contract, by adding 19,184.39 is approved and the original contract price of $99,174.04 is revised to 118,358.43. 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. axx o i °4 ZERAN wN5 U J Z i J Av[+'+. •. ,,CSC{ ,\ 0 ROCKFpRROAv I=NO AV op Q Axis 1. p f41STAVENOJCn: Y `_ qp' ¢ _ • . IB 17 /6 GLORY OF O IS CHRIST , r LUTHERAN' CHURCH - _ _ _. - CO - .vrAff 90 Y H OCO E W o . - Z' USN .nut _ Ar, V IN LLCM .. TA .AVE O w AV 35rTH AVE VO ger On " f CITY HALL a s a 1551 a ' to T Q" O z; 33 AVE r GREENw000 z + W wI • y Z F? 1 Np BAPTIST CN NQ AvL h a i l I 32N p a J, hp Z AVr a ¢ AVE. 0 +H a AVE > a Rn 3i 3CTH PLACE ` • T AAz N H AVE v D NTr W .y Z 30TH z - : a: 3 o26^TH AvE 28T ti •i ¢ B TH AV1 N 7 H J i V Y 2' Th Q ` .• hr,9 C a a 1 4Li Q 11 h m • : i 27 T, 4vE ct Q r Yom. yy. W iJ2N 6 T A AVE ., NO 26TH AVE d _ .. 11 f o T'tNAVL 4 AND 5'25 T.1 < AV SM O. f _ _. A - ..N. i AVE 2c 4T AVE - VE --- No° ^ 24 ' AVE Nc 2 0 AVE H 24 ' ? a , : a 23ep INow I AE/aF r W 21S • E - vA _ E NO-- _- S - Q' AVE NO .4 KE -s : zs ti • — 3M tr `._ Avt ry i I4 AS Vf.I RLR RvI 4v a v. 4V r 4 " o T,') LA PARKER C. N - LAKE Z to a3,F 1 BAPTIST CH_ Z OAKWOOD a 17TH Q h_ O P {',, J Avl i Z SL..o'. r E LEM z J, 0 0 / co MESSIAH 3T. _ —; UNITED PHILLIPS LOTH L NO ,n J..aE1 METH AVf CH 14 T. -4 14T--- AVE -2 Ul)h kEl.< i ASI li TN AVE NO w < 4 T - - Z - _ r o - vt TN AVE S _IS H., -._- SOtp AVE i hL 11 tH AV NO e r T H P at 0rN RTM til WAYZATA-.- r 1 3/ EvANGE:; AL r• r PAR TH J N R 2-- E4 fH AVE h0 Q 3TN 4VC .. t•' O t Z AVE QI A 2 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 9, 1988 for Council Meeting of August 15, 1988 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS ACTION REQUESTED: We have received requests from the developers for a bond reduction to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. Weaver Addition (87081) 3. Lake Camelot Estates Addition (85114) 4. Bass Lake Plaza Addition (A-449) L - Jo R. Sweeney JRS:kh attachments: Resolution A CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND WEAVER ADDITION (87081) WHEREAS, in accordance with the development contract dated December 7, 1987, Delmer L. Weaver and Margaret J. Weaver, Ecklund and Swedlund Homes, Inc., developer of Weaver Addition (87081), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Street Construction $ 23,000 $ -0- Sanitary Sewer 5,000 -0- Watermain 700 -0- Storm Sewer 5,400 -0- Boulevard and Drainage Swale Sod 1,800 1,800 Pond or Ditch Construction -0- -0- Street Signs 150 150 Site Grading and Drainage Improvements 2,000 200 Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 3,486 258 TOTAL $ 41,536 $ 2,408 That the letter of credit required for the above items be reduced as detailed above from $41,536 to $2,408 to reflect the completed work. B Resolution No. 88 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $1,000 377 $377 FURTHER BE IT RESOLVED that the sanitary sewer, watermain, storm sewer, street construction and concrete curb and gutter is accepted for continual maintenance as of August 15, 1988 subject to the One Year Guarantee by the Developer. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX )YXX X)!X CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: X X)C adoption: XX$! meeting of the City Council of day of introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND LAKE CAMELOT ESTATES ADDITION (85114) WHEREAS, in accordance with the development contract dated October 27, 1986, Keith T. Harstad and Diane N. Harstad, developer of Lake Camelot Estates Addition (75114), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Street Construction $ Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction See Grading Permit No. 5498) Street Signs Site Grading and Drainage Improvements See Grading Permit No. 5498) Park and Trail Improvements (Private) Trail Apparatus Landscaping Design, Administration, Inspection, As-Builts TOTAL 524,900 62,951 484,551 4,846 416,947 4,170 244,490 2,445 37,800 34,000 0- -0- 2,550 2,550 0- -0- 30,000 4,740 30,000 22,545 20,000 7,302 214,94 17,46 2,006,186 $ 163,015 That the letter of credit required for the above items be reduced as detailed above from $331,408 to $163,015 to reflect the completed work. Resolution No. 88 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: $-0 $-0- Letter of Credit: $-0 $-0- See Grading Permit No. 5498 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND BASS LAKE PLAZA ADDITION (A-449)) WHEREAS, in accordance with the development contract dated December 31, 1973, M. G. Astleford, developer of Bass Lake Plaza Addition (A-449), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Towle ORIGINAL AMOUNT NEW AMOUNT Street and Sidewalk $ 114,620 $ 100,000 Sanitary Sewer 37,630 3,763 Watermain 36,100 3,610 Storm Sewer 15,000 1,500 Boulevard and Drainage Swale Sod 5,000 5,000 Pond or Ditch Construction -0- -0- Street Signs 150 150 Site Grading and Drainage Improvements -0- -0- Park and Trail Improvements -0- -0- Street Sweeping 500 500 TOTAL 209,000 $ 114,523 That the letter of credit required for the above items be reduced as detailed above from $157,845 to $114,523 to reflect the completed work. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 1ii[X 7C4c'c I XXX CITY OF PLYMOUTH * F -K 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 4. 1988 for City Council Meetina - Auaust 15, 1988 TO: James G. Willis - City Manaaer FROM: Richard J. Carlguist - Public Safetv Director.' L. SUBJECT ORDINANCE AMENDMENT AUTHORIZING FIRE PREVENTION INSPECTORS TO ISSUE CITA- TIONS ACTION REQUESTED:_ It. is recommended that the Citv Council pass the Ordinance Amendment amendina Plymouth Cit.v Code Section 2000. which would define a Fire Prevention Inspector and further provide the necessary authority for the Fire Prevention Inspector to issue citations in lieu of arrest. BACKGROUND: This was one of those glitches that we found when enforcing the ordinance prohibiting barbecuing on decks in multi -residential buildings. Last vear. when the legislature passed an authorized Practices bill affectina sworn officers versus civilian. we passed an ordinance amendment to provide the authoritv to our Community Service Officers to issue citations. I did not think at the time of adding Fire Prevention Inspectors to that list. Now, when we have violations found by our Fire Prevention Inspectors relative to fire code problems. such as the barbecue ordinance. they have to call a Community Service Officer to issue a citation. Please be assured that the issuance of citations are and have been the last resort to our education and warning process! RECOMMENDATIONS: It is recommended that the Plymouth City Council pass the ordi- nance amending Plymouth City Code Section 2000. which will authorize Plymouth Fire Prevention Inspectors to issue citations. This amendment will allow more effective and efficient utilization of personnel. RJC:gs ORDINANCE NO. 88 - AN ORDINANCE RELATING TO FIRE PREVENTION INSPECTORS: ADDING SUBSECTION 2000.11 THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code, Section 2000 is amended by adding a new subsection to read as follows: 2000.11. Subdivision 1. Fire Prevention Inspector: Defined. For purposes of this code the term "Fire Prevention Inspector" means an employee of the City, designated by the City Manager as a fire prevention inspector, assigned to the fire department, and whose duties involve the promotion of fire safety awareness and compliance with the fire code. Subd. 2. Fire Prevention Inspectors: Citations. Fire prevention inspectors have the same powers of law enforcement officers in the City to issue a citation in lieu of arrest. Nothing in this section is to be construed as giving fire prevention inspectors any powers of law enforcement officers other than the authority set forth in this subsection. Sec. 2. This ordinance is effective upon publication in accordance with subsection 110.11. Adopted this day of Mayor ATTEST: Clerk CITY OF PLYMOUTHS- 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 10, 1988 TO: James G. Willis, City Manager FROM: Sharon T. Reisinger, License Clerk SUBJECT NEW GASOLINE SERVICE STATION APPLICATION ACTION REQUESTED: The City is in receipt of an application for a gasoline service station license at 3955 Vinewood Lane North for Amoco Oil Company. All fees have been paid and Certificate of Workers' Compensation insurance has been provided as required. Attached is a resolution approving the license for Amoco Oil Company for Council consideration. This is a new structure. Adoption is recommended with the condition that a Certificate of Occupancy must be obtained from the Building Official prior to issuance of the license. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City Council of the City of Plymouth, Minnesota, day of , 19 present: The following members were absent: meeting of the was held on the The following members were introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVAL OF GASOLINE SERVICE STATION LICENSE FOR AMOCO OIL, CO., 3955 VINEWOOD LANE NORTH WHEREAS, application for a Gasoline Service Station License has been received from Amoco Oil Company in accordance with Chapter XI, Section 1115.01, of the City Code; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, Minnesota, that a Gasoline Service Station License is approved for Amoco Oil Company at 3955 Vinewood Lane North for the period August 15, 1988, through December 31, 1988, with the following condition: I. Certificate of Occupancy must be obtained from the Building Official prior to issuance of the license by the City Clerk. 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: voted against or abstained: The following Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH * - N, 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 11, 1988 for City Council Meeting August 15, 1988 TO: City Manager dames Willis J FROM: Community Development Director Blair Tremere SUBJECT POLICY RESOLUTION REQUIRING DEVELOPERS TO INSTALL SIGNAGE SHOWING ARTERIAL_ ROADWAYS ADJACENT TO, OR BISECTING PLATS ACTION REQUESTED: Adopt the attached Resolution which establishes a Policy re- quiring developers to install signage in certain plats. BACKGROUND: The City Council, on duly 25, 1988, directed the preparation of a Policy Resolution requiring developers to install signage showing arterial roadways proposed by the approved Thoroughfare Guide Plan that are adjacent to, or bisecting plats, as a condition of plat approval. Further, the signage is to be installed prior to any grad- ing on the site and the signage is to remain on the site until the last occupancy permit for the development has been issued. ISSUES AND ANALYSIS: Whereas, the intent of the Council direction is clear, the means for achieving it and maintaining the message through the period indicated could be problematical. Today, the Council requires developers to show similar information on the marketing signs that developers themselves put up until they decide the marketing signs are no longer needed. The Council has, in at least one instance, directed the City to erect signs showing the future Schmidt Lake Road alignment; this was done at City expense and the sign will be maintained and eventually removed by the City. The problems I see include the reality that we often don't see developers or deal with developers to the same degree after they have platted the property. Often, the land is sold to individual builders who then ultimately sell the lots to the new homeowners. Also, the build -out and final occupancy permit issuance for a development could be an extensive period of time during which the sign could fall into disrepair or damage, and the original developer is no longer involved. 0 E - Page two Memorandum to City Manager, City Council Meeting August 15, 1988 Policy Requiring Installation of Signage by the Developer August 11, 1988 An approach that might address these problems effectively would be the requirements that the original developer must establish an easement for the sign on the particular property where it is to be located, and provide for a covenant or other legal mechanism that would spread the responsibility for maintenance and ultimate removal among one or more of the property owners. A possible alternative to that would be the requirement that a cash escrow be submitted to the City which would be held until the last occu- pancy permit was issued and the escrow would be of sufficient amount to provide for maintenance, possible replacement, and removal by the City if the developer did not assume that responsibility. The City now erects temporary Development Announcement signs which the City owns and maintains and erects and removes. Developers whose projects require such signs are required to pay a $150 fee at the time of the planning application. This may also be a possible approach, although it does not seem to be consistent with the Council direc- tion as I understand it now. RECOMMENDATIONS AND CONCLUSIONS: I recommend the Council discuss this to assure that the terms in the draft Resolution are consistent with the Council's intent and with appropriate legal and business practices regarding long-term signage on private property. The draft Resolution takes the approach of private installation, maintenance, and removal with a sufficient cash escrow submitted to the City. I am not objecting to, or rejecting the possibility of the City assuming the responsibility, including charging the developer an appropriate fee for the custom-made sign. Attachment Draft 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 19_ The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - ESTABLISHING POLICY AND REQUIREMENT FOR DEVELOPMENT SIGNAGE SHOWING ARTERIAL ROADS WHEREAS, the City continues to develop rapidly, particularly in residential areas including those which will be contiguous to or be bisected by arterial roads as contemplated in the approved Transportation Element of the Comprehensive Plan; and, WHEREAS, it is increasingly evident that as the City continues to develop and to fill in developed areas to include the construction of the necessary road systems including the arterial roads, existing and prospective residents need to be aware of the plan; and, WHEREAS, the City Council finds that an effective means of conveying the information to the public is to display the planned road system, including the arterial road, in conjunction with approved subdivisions on a sign constructed on the property; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MI 4- NESOTA, that it should and hereby does establish the following policy, standards, and requirements regarding development signage showing future arterial roads: 1. It is the policy of the City to require developers to show planned arterial roads as proposed by the approved Transportation Element of the Comprehensive Plan, when those roads are adjacent to, or bisect residential subdivisions. The purpose of the policy is to assure that prospective buyers in the sub- division and residents of the City of Plymouth have positive knowledge about future major roadways that will be near or within their subdivision. It is the intent of the policy that the developer shall be responsible for the construction, maintenance, and eventual removal of the sign. 2. Signs shall be required as part of the plat approval and shall be represented graphically with the material submitted for review and approval of the prelim- inary plat. 3. All signs shall be approved by the City prior to construction. 4. The signs shall be of such design and size to legibly and accurately reflect the location of all arterial roads that are adjacent to and/or that bisect the proposed subdivision per the approved map and information in the Transporta- tion Element of the Comprehensive Plan. PLEASE SEE PAGE TWO Page two Resolution No. 88- 5. The approved sign shall be erected prior to commencement of any site grading. 6. The developer shall establish an easement on the property where the sign is located and the easement shall provide for the location, maintenance, and eventual removal of the sign; the easement shall be subject to approval by the City Attorney before it is filed with the County. 7. The sign shall be located in compliance with the minimum standards of the Zoning Ordinance sign regulations. 8. The developer shall provide a cash escrow in an amount to be approved by the Community Development Director to assure maintenance and eventual removal of the sign by the City, should the developer default on that responsibility. 9. The sign shall remain until the last Certificate of Occupancy has been issued in the subdivision. 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. Special Council Meeting July 25, 1985 Page 2.03 MOTION was made by Mayor. Schneider, seconded by Councilmember Ricker, to allow a three minute presentation by the audience. Motion carried, four ayes. Tom Stenoien, 10510 49th Avenue North, stated that the Environmental Assessment Worksheet was incomplete and questioned the need for the roadway extension. He presented a letter from a Sierra Club Chapter indicating that the Club may support opposition to the completion of this roadway through a DNR protected wetland. Councilmember Sisk suggested that Mr. Stenoien contact the DNR with his concerns. MOTION was made by Councilmember Zitur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 88-431 AUTHORIZING THE VACATION OF CERTAIN EASEMENTS FOR PONDING, LOT 1, BLOCK 1, COTTONWOOD PLAZA ADDITION. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Zitur, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 88-432 APPROVING LAWFUL GAMBLING EXEMPTION FOR OAKWOOD P.T.O. for a raffle on September 12-16, 1988. Mot' rried on a Roll Call vote, four ayes. RESOLUTION NO. 88-431 VACATING DRAINAGE EASEMENT IN COTTONW00`: ADDITION Item *7-B RESOLUTION NO. 88-432 APPROVING GAMBLING EXEMPTION FOR OAKWOOD P.T.O. Item *7-C MOTION was made by Councilmember Sisk, seconded by Mayor DIRECT STAFF TO Schneider, to direct staff to prepare a policy resolution PREPARE POLICY ON requiring developers to install signage showing arterial SIGNAGE roadways proposed by the approved Thoroughfare Guide Plan that Item 7-D are adjacent to, or bisecting plats, as a condition of plat approval. MOTION to amend was made by Mayor Schneider, seconded by Councilmember Sisk, that the signage be installed prior to any grading on the site and remain until the last occupancy permit is issued. Motion to amend carried, four ayes. Main motion as amended MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to receive the report of PRAC on Programming Maintenance Costs and User Fees and to table until budget discussions. Motion carried, four ayes. PRAC REPORT ON PROGRAMMING MAINTENANCE COSTS AND USER FEES Item 8-A CITY OF Pg -N 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 9, 1988 for City Council meeting of August 15, 1988 TO: James G. Willis, City Manager FROM: Laurie Rauenhorst, City Clerk SUBJECT APPROVING ELECTION JUDGES FOR PRIMARY AND GENERAL ELECTIONS ACTION REQUESTED: Adopt attached resolution appointing Judges for the Primary Election, September 13, 1988 and General Election, November 8, 1988. It is expected that some Judges may be absent on election daybecauseofillnessorotherunforseseenreasonsandthatadditional Judges will be needed for adequate staffing and to maintain the required party balance. In those cases, we will provide emergency appointment and training, according to Secretary of States Rule 8240.1900. Att. 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. 88 - APPOINTING JUDGES FOR PRIMARY ELECTION, SEPTEMBER 13 AND GENERAL ELECTION, NOVEMBER 8 WHEREAS, a list of election Judges for the Primary Election, September 13, 1988, and the General Election, November 8, 1988 in the City of Plymouth is submitted to the City Council for approval, pursuant to Section 2048.21 Subd. 2 of the Minnesota Election Laws; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the following election Judges are hereby appointed to act as said Judges for the election: Dorothy Sohn, Ch., D Mary Morris, Ch., R Sandra Mattson, R Jeanne Ettinger, R Dorothy Chillstrom, Ch., D Shirley Pottratz, D Janet Campbell, Ch., D Betty Fadden, R` Elaine Plooster, R Mary Harty, R Cell Held, D Julie Skogen, R Evelyn Fett, D Linda Fistere, Ch., R Dawn Wanous, R Dorothy Rinkenberger, Ch., D Bea Larson, D Frank Reiter, D John Hilker, R Vonnie Gottormson, R Carol Warndahl, Ch., R Rosemarie Lish, R Sanford Williams, D Bea Jordan, Ch, R Herb Smith, R Marie Willis, R Barbara Willis, R Irene Hatcher, D Evelyn Cedergren, R Jan Stewart, R LaDonna Adolf, Ch., R Sharon Gruninger, R Helen Ainsley, R Betty Ewoldt, R Silvia Daly, Ch., R Ruth Bjerke, R Grace McKay, D Frances Bruer, D Barb Dvorak, Ch., D Phyllis Ritchie, D Sharon Metsala, R Marie Abendroth, R Ardis Oppegard, R Mavis Showalter, R Marian Nelson, R Maren Olson, Ch, R Betty Lonnquist, D Lori Stensrud, D Jone Classon, D Jan Blackstad, R Wynette Rova, Ch., D Mildred Larson, D Cheryl Schneider, Ch., R Pauline Milner, R Ruth Johnson, R Arlyce Theis, R Alma Reiter, Ch., R Mable Swanson, D Orvel Morris, Ch., R Judy Berke, Ch., R Dianne Westendorp, R Lola Gomsrud, D Joan Flaskerud, R Bev Essen, R Jane Zempel, R 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. MEMO J_ Q U CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 9, 1988 for City Council Meeting August 15, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: JULY 31, 1988 FINANCIAL STATEMENTS Shown below are the financial statements indicating the status of all funds with formally adopted budgets as of July 31, 1988. In the paragraphs to follow, I will attempt to point out the major areas of interest for each of the funds. GENERAL FUND For the budget year 1988, revenues are estimated to be $8,994,100. General property taxes, penalties and interest are expected to produce 66.18% of General Fund revenues compared to 67.13% in 1987. The first receipt of tax settlement money from Hennepin County has been received. The second half settlement will be received in December. Revenues are running at or in excess of those received for the same period last year. While license and permit revenues are,up over 1987, they are not up as much as would be expected with the building permit rate increase that went into effect January 1, 1988. The volume of permits in 1988 is down substantially. A comparison of permit activity is attached (Exhibit I). If the license and permit activity for the remainder of 1988 is equal to that in 1987, we will just make budget for this category. Charges for services are down this year primarily due to decreased billings for engineering services and special assessment searches. I have spoken with Fred Moore regarding engineering services. He believes billings for these services will increase dramatically for the balance of the year to equal the estimated budget amount of $92,000. Presently the total for this account is only $37,647. Special assessment search revenue is off because of the loss of volume to private search providers. You may recall, we were obliged to allow private access to the City's terminal for special assessment information, which they in turn certify to real estate closers. After we finish with the computer conversion, I intend to provide faster and cheaper special assessment searches and hope to regain the lost volume. Page 2 Financial Statement July 31, 1988 A comparison of the first seven months revenue for 1988 and 1987 is shown below: 1988 Revenue Source Budd Taxes and penalties $5,952,300 Licenses and permits 1,336,700 Fines and forfeitures 408,200 Charges for services 405,400 State shared revenues 542,700 Other revenues 348.800 Received Received As of As of 07/31/88 07/31/87 3,037,258 $2,716,314 834,950 829,170 193,887 176,240 177,940 262,966 244,894 234,348 161.084 133.903 8,994.100 $4,650,013 $4,352,941 Expenditures as of July 31, 1988 for the General Fund are $4,669,227 or approximately 52z of the 1988 appropriation. This compares favorable to July 31, 1987 expenditures of $4,029,739 or 50% or the 1987 appropriation. SPECIAL REVENUE FUNDS Special Revenue Funds that have formally adopted budgets include the Recreation, Forestry and HRA Funds. The Forestry and HRA funds have received the first half of the 1988 tax settlement similar to the General Fund. While these funds have expended more than they have generated, each has the second half tax settlement yet to be received in December. The Recreation Fund typically has large program receipts toward year end. In many of the HRA programs, the funds need to be expended before grants can be received. A schedule of these Special Revenue Funds reflecting revenues and expenditures for the first seven months of 1988 compared to 1987 is shown below: Received Received 1988 As of As of Revenues Budget 07/31/88 07/31/87 Recreation 406,700 300,572 233,778 Forestry 229,000 116,903 115,051 HRA 530,100 256,068 232,411 Expended Expended 1988 As of As of Expenditures Budget 07/31/88 07/31/87 Recreation 406,700 310,138 236,420 Forestry 229,000 125,840 129,705 HRA 530,100 269,191 267,829 Page 3 Financial Statement July 31, 1988 WATER FUND For the budget year 1988, Water Fund revenues are estimated to be $2,076,200. Year to date revenue of $913,753 reflects only billings through May service. The June billings are being generated and will be recorded in August. Heavy expenditures are being experienced in 1988 as a result of the high water demand. Revenues are up correspondingly to offset the increased costs. Year to date expenditures for 1988 are $1,056,790 compared to $967,480 last year. SEWER FUND The Sewer Fund has budgeted revenues for 1988 of $2,967,500. As of July 31, revenues totaled $1,261,964. As in the Water Fund, these revenues represent billings through May only. Residential volumes have remained stable for the past three years with the exception of additional flow resulting from new construction. The budgeted appropriations for 1988 total $2,967,500 of which 1,775,318 has been expended as of July 31, 1988. This amount includes 8 payments to Metropolitan Waste Control Commission at $160,260 per month. CENTRAL EQUIPMENT FUND The Central Equipment Fund accounts for services performed for other City departments. Revenues to finance the fund are obtained from various City departments that utilize the City equipment. The budgeted operating revenue for 1988 in the amount of $1,175,500 is obtained by charging the individual operating departments for their share of the rental costs. Expenditures through July 31, 1988 amounted to $530,283 compared with $458,194 for 1987. In summary, while the General Fund appears to have several revenue categories that may total less than budget by year end, I am confident that the other sources will be adequate to offset any shortfall. The financial status of all other City funds compares favorably to the budget and the same period a year ago. I will be at the August 15th meeting to discuss any concerns council may have. OTHER PERMITS Plumbing 112 EXHIBIT I 112 825 MONTHLY REPORT OF PERMIT AND INSPECTION ACTIVITY JULY 1988 BUILDING PERMITS CURRENT Y.T.D. 1987 L.Y.T.D. Public 2 4 0 0 Comm/Ind/New 6 18 2 15 Alteration 17 122 16 106 Residential 72 305 49 424 Multi -Family 3 25(620 U.) 1 8(208 U.) Remodeling 68 496 90 514 TOTALS 168 970 158 1,067 OTHER PERMITS Plumbing 112 658 112 825 Mechanical 113 627 111 719 Signs 8 101 9 43 Grading 2 13 4 21 Wells 6 26 3 24 Moving 1 22 1 4 Sewer/Water 91 404 81 528 TOTALS 333 1,851 321 2,164 CERTIFICATE OF OCCUPANCY 43 247 53 313 TOTAL NO. PERMITS CREATED 501 2,932 470 3,322 TOTAL NO. OF INSPECTIONS 1,207 7,333 1,343 8,374 CITY OF PLYMOUTH 8- 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: August 9, 1988 for City Council Meeting of August 15, 1988 TO: Mayor & City Council FROM: Frank Boyles, Assistant City Manager \1 SUBJECT ESTABLISHMENT OF HEARING DATE FOR CONSI RATION OF 1989-90 BUDGETS SUMMARY: The proposed 1989-90 budgets and 1989-93 Capital Improvement Program adoption calendar provides that the City Council conduct a public hearing on the 1989-90 city budgets on Tuesday, September 13. In order that we can remain within the budget adoption time frame, adoption of the attached resolution is recommended. Invitations to the public hearing are being sent to Homeowner Association presidents and Human Service Agency representatives who have made funding requests for 1989. FB:kec Attachment 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. 88- A RESOLUTION SETTING PUBLIC HEARING FOR 1989-90 CITY BUDGETS FOR TUESDAY, SEPTEMBER 13, 1988 WHEREAS, in accordance with state statute, the City Council annually adopts various operating budgets; and WHEREAS, the Council desires to receive information from the public relative to the proposed budgets; and WHEREAS, a public hearing is annually established for the purpose of obtaining such resident input; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, that it should and hereby does establish Tuesday, September 13, 1988 at 8 p.m. as the public hearing date for public review and comment regarding the 1989-90 City Budgets; and FURTHER, does hereby direct the City Clerk to cause public notice of such hearing to be published in the City's official newspaper, the Plymouth Post. 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. t I NOTICE OF PUBLIC HEARING ON 1989-90 CITY BUDGETS City of Plymouth, Minnesota NOTICE IS HEREBY GIVEN that the City Council of Plymouth, Minnesota, will hold a public hearing on the proposed 1989-1990 City Budgets at 8 p.m., September 13, 1988 at the Plymouth City Council Chambers, 3400 Plymouth Boulevard. A copy of the 1989-90 proposed budgets are available for public inspection at the City Center building during normal working hours. The purpose of the hearing is to afford the public an opportunity to submit written and oral testimony with respect to these proposed budgets. Laurie Rauenhorst City Clerk Published in'the Plymouth Post, Thursday, August 25, 1988) I MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: August 9, 1988 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: BRAUER AND ASSOCIATES COST ESTIMATE FOR DOING ADDITIONAL DESIGN WORK ON PLYMOUTH CREEK PARK 1. ACTION RDQLJESTED: The attached resolution authorizes Brauer and Associates to continue working with the Park and Recreation Advisory Commission and staff on the Plymouth Creek Park master plan at an additional cost not to exceed $1,959. 2. BACKGROUND: The City of Plymouth currently has a not -to -exceed contract of $8,700 with Brauer and Associates for the development of a comprehensive master plan for Plymouth Creek Park. 3. PRIMARY ISSUES AND ANALYSIS: At their joint City Council/PRAC meeting on Monday, July 25, the City Council requested that staff bring back to them the consultant's estimate for doing additional work on Plymouth Creek Park. Specifically, this work was to include a detailed cost estimate for constructing the park, a phasing program for constructing the park, the inclusion of a third soccer field and relocation of the archery range. George Watson of Brauer and Associates has indicated that they can complete this work for $1,959. 4. RDCX'Ff4aqDATI0NS AND OONCLUSIONS: I recommend the City Council approve the attached resolution authorizing Brauer and Associates to proceed with the cost estimates and the phasing plan for Plymouth Creek Park for a not to exceed cost of $1,959. Eric J. B11fink, Director Parks and Recreation EJB/np Attachments I CITY OF PLYMOUFH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption. 1:00636 22 APPROVING EXTENSION OF CONTRACT WORK WHEREAS, Brauer and Associates is currently under contract with the City of Plymouth to provide professional services for the master planning of Plymouth Creek Park, and WHEREAS, the City desires that additional work on cost estimating and phasing of this project be completed, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that Brauer and Associates is hereby authorized to proceed with the additionally described work at a not -to -exceed cost of 1,959, and further, that the finance director is to charge these funds to the community park account 218-218-810. 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. August o, 1988 Eric Blank, Director Park and Recreaticn Department City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: Plymouth Creek Park B&A #87-05 Eric; The following is an estimate of the time and fees involved in determining preliminary construction costs and possible phasing for the project. Fee Estimate 1. Preliminary schematic grading plan. 8 hrs.@ 60.00 480.00 2. Earthwork calculations 4 hrs.@ 32.00 128.00 3. Material quantities & unit prices 8 hrs.@ 60.00 480.00 4. Secretarial 4 hr•s.@ 30.00 120.00 Subtotal Development of Overall Estimate 1,209.00 5. Development of simple phasing graphic 8 hrs.@ 60.00 = 480.00 6. Phasing of overall estimate 2 hrs.@ 60.00 = 120.00 7. Secretarial 1 hr. @ 30.00 = 30.00 8. Meeting time 2 hrs.@ 60.00 = 120.00 Subtotal Phasing Grand Total Phasing and Estimate 750.00 1,959.00 This can be considered an addition to our original agreement or if you would like we can write a new contract for this work. J I have enclosed a print of the plan with the modifications requested by the Council. BRAUER'& ASSOCIATES LTD. George W. Watson m ogsure Vice President 7901 Flying Cloud Drive, Eden Prairie, Minnesota 55344 (612) 941-1660