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HomeMy WebLinkAboutCity Council Packet 08-01-1988CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING AUGUST 1, 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. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. CONSENT AGENDA 5. MINUTES - Approval of Minutes of the Special Council meeting of July 25, 1988 6. PETITIONS, REQUESTS AND COMMUNICATIONS A. Sale of $3,950,000 General Obligation Improvement Bonds and $1,025,000 General Obligation Tax Increment Bonds B. David Johnson. Oakwood Square Shopping Center and Service Station Master Sign Plan with variances to exceed the allowed square footage for signage at the northeast corner of 14th Avenue North and Highway 101 (86138) C. Amend approval of Site Plan Condition for Oakwood Square Retail Center, Highway 101 and County Road 6 (86138) D. Pump & Meter Service, Inc. Conditional Use Permit Site Plan and Variance for a Standard Station located at the northeast corner of Highway 55 and Southshore Drive (88030) E. United Properties/Laukka Development Company. Planned Unit Development Conditional Use Permit Amendment and Variance for a Master Sign Plan for Parkers Lake North MPUD (87006) F. City of Plymouth. Lot Division and Variances for the creation of two parcels, one of which is for the construction of a City water tower at 4040 Highway 101 (88063) 10, G. United Properties. Planned Unit Development Preliminary Plan/Plat for "Town Centre at Parkers Lake", a neighborhood shopping area east of Vicksburg Lane, south of 26th Avenue North (88065) H. Lungren Bros. Construction Company. Planned Unit Development Conditional Use Permit Amendment to allow monument signage for the Vicksburg West Planned Unit Development at 22nd and 25th Avenues North and Vicksburg Lane (88080) I. City of Plymouth. Lot Consolidation/Division and Variance for for the redistribution of excess, City -owned property at 6th Avenue North and Sycamore Lane (88075) 0. Harold Leyse. Conditional Use Permit Amendment to allow a reduced front yard setback for the construction of a third garage stall in the Planned Unit Development known as "Mission Ridge" at 3820 Deerwood Lane (88076) K. William Munsinger. Conditional Use Permit to allow a school for gymnastics in the Industrial Zoning District at Fernbrook Lane and 28th Place North (88078) L. City of Plymouth. Conditional Use Permit to allow work in the Floodway for the construction of 10th Avenue North (88082) M. Vantage Companies. Land Use Guide Plan Amendment and Planned Unit Development Concept Plan for Highpointe Business Center" at the northwest corner of County Road 9 and I-494 (88054) N. Award of Contract: 1. 1988 Street Paving Project 2. County Road 6/I-494 Bridge, Project No. 250 0. Resolution amending Development Contract for Prime West Business Park 2nd Addition (88058) P. Receive petition and set public hearing for vacation of utility and drainage easement on Lot 4, Block 1, Ryan Business Center Q. Approve agreement with Hennepin County for traffic signal at County Road 9 and Fernbrook Lane, City Project No. 764 R. Approve agreement with Hennepin County for County Road 6/I-494 Bridge, Project No. 250 S. Resolution approving stop signs at various locations T. Approve plans and specifications and advertise for bids: 1. 10th Avenue Improvements, Project No. 648 2. Revere Lane/Highway 55 Frontage Road, Project No. 815 U. Receive petition and set public hearing on vacation of 41st Avenue in Willow Meadows Addition V. Development Contract Bond Reductions: 1. Cedar Ridge Plat Two (A-813) 2. Cates Plymouth Creekside Estates (85019) 3. Wooddale North Plat Two (85033) 4. Ponds North Addition (87093) W. Declaration of Natural Preserve at 26th Avenue and Queensland Lane X. Resolution declaring ICMA Retirement Corporation as designated Trust for the City 7. REPORTS OF OFFICERS, BOARDS AND CONNISSIONS 8. ADJOURNNENT n M I N U T E S S SPECIAL COUNCIL MEETING JULY 25, 1988 A special 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 July 25, 1988. PRESENT: Mayor Schneider, Councilmembers Ricker, Sisk, and Zitur, City Manager Willis, Assistant City Manager Boyles, Planning Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Rauenhorst ABSENT: Councilmember Vasiliou PROCLAMATION Mayor Schneider proclaimed the week of August 1-5 EXPORT NOW Week, as requested by the U.S. Department of Commerce. CONSENT AGENDA MOTION was made by Councilmember Zitur, seconded by Council - member Sisk, to approve the consent agenda. Motion carried on a Roll Call vote, four ayes. MINUTES MOTION was made by Councilmember Zitur, seconded by Council - member Zitur, to approve the minutes of the July 18 Regular Council Meeting. Motion carried on a Roll Call vote, four ayes. PETITIONS, REQUESTS AND COMMUNICATIONS As requested at the previous meeting, Director Moore presented additional information on another possible road alignment through the Industrial Area for the Schmidt Lake Road extension. He stated that other alternatives were reviewed, but were not considered in detail because of their impact upon existing buildings and development and since they would have similar impacts on the wetlands. The required roadway standards could not be met for the alternative of crossing the wetlands on the extension of 51st Avenue. CONSENT AGENDA Item 5 MINUTES Item *6 FINDING OF NO NEED FOR ENVIRONMENTAL IMPACT STATEMENT SCHMIDT LAKE ROAD FROM ZACHARY TO SARATOGA Item 7-A Special Council Meeting Ouly 25, 1988 Page 202 MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-429 Zitur, to adopt RESOLUTION NO. 88-429 DECLARING FINDING OF NO FINDING OF NO NEED FOR NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) BASED UPON THE ENVIRONMENTAL IMPACT REVIEW OF THE ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) DATED MAY STATEMENT 5, 1988 FOR SCHMIDT LAKE ROAD BETWEEN ZACHARY LANE AND SARATOGA Item 7-A LANE. Councilmember Sisk stated that staff has reviewed additional alternates and the Council has addressed the amount of Information given to the citizens over a period of time. The determination of whether the need for the roadway exists today will rest with the DNR. The City will need to prove that justification to DNR. Councilmember Sisk did not believe there were findings in the Environmental Assessment Worksheet to warrant an Environmental Impact Statement. Councilmember Zitur read a letter received from a resident in support of the Schmidt Lake Road extension as proposed. The letter noted that County Roads 9 and 10 cannot handle traffic generated by the growth in the area, and that some of the facts were distorted in the petition as presented by residents opposed to the extension. Councilmember Ricker stated that it is difficult to protect the rights of individuals as they relate to the community as a whole; however, he is convinced that the correct decision is to complete the roadway. Mayor Schneider stated that he could find nothing in the reports of MnDOT, DNR, Corps of Engineers, consultants, or staff that indicated a need for an Environmental Impact Statement or the expense involved. Motion carried on a Roll Call vote, four ayes. MOTION was made by Councilmember Ricker, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 88-430 DIRECTING STAFF TO HAVE THE CONSULTING ENGINEER PREPARE THE NECESSARY PLANS IN ORDER TO APPLY FOR THE PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES FOR SCHMIDT LAKE ROAD. Motion carried on a Roll Call vote, four ayes. A gentleman from the audience asked to address the Council. MOTION was made by Councilmember Ricker, seconded by Councilmember Zitur, to not open the meeting to the public for discussion on the Schmidt Lake Road issue as action was already taken. Motion failed, Ricker and Zitur ayes, Sisk and Schneider nays. RESOLUTION NO. 88-430 DIRECTING PREPARATION OF PLANS TO APPLY FOR PERMIT FROM DNR FOR SCHMIDT LAKE ROAD Item 7-A n Special Council Meeting July 25, 1988 Page 203 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. Motion carried on a Roll Call vote, four ayes. RESOLUTION NO. 88-431 VACATING DRAINAGE EASEMENT IN COTTONWOOD 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 carried, four ayes. 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 Special Council Meeting July 25, 1988 Page 204 Director Tremere reported on possible revisions to the Zoning Ordinance regarding home occupation regulations. The current definition of Home Occupation is broad and quite inclusive. It is restrictive regardless of the particular use. Director Tremere suggested ordinance language which would recognize "Home Occupations" which would not require a formal permit versus Conditional Home Occupations" which would require a Conditional Use Permit. He stated that there would be savings to the community by reduced administrative activity involved in processing Conditional Use Permits and enforcing the current Zoning Ordinance restrictions. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to direct staff to prepare an ordinance amendment regarding home occupation regulations, and to order a public hearing before the Planning Commission on the proposed amendment. Motion carried on a Roll Call vote, four ayes. In reponse to a question by Councilmember Zitur, Director Tremere verified that most licensed child day care facilities are exempt by state law from local zoning Conditional Use Permit requirements. The Council discussed possible penalties for developers that are contacted by the City for erosion control measures. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to direct staff to study types of erosion control penalty provisions for report back to the Council, to include whether the penalty can be collected and whether it is realistic to administer for the developer and the City. Motion carried, four ayes. Clerk Rauenhorst read a letter from Councilmember Vasiliou. The letter stated that "personal attacks" made at Council meetings by Councilmembers Ricker, Zitur and Sisk were "not in the public interest and unfounded." Councilmember Vasiliou requested fifteen minutes on the August 22 agenda to "address certain Items of concern to all Plymouth residents." Council discussion included that Councilmember Vasiliou be allowed to address the Council for fifteen minutes on August 22, and that any member of the Council may respond either at that meeting or in the future. Report on Home Occupation Regulations Item 8-B PUBLIC AND CAPITAL IMPROVEMENT PROSECT STATUS REPORTS Item 8-C COUNCILMEMBER VASILIOU REQUEST TO ADDRESS THE COUNCIL Director Moore reported that he would be meeting with a resident INSTALLATION OF to discuss installation of an experimental water pressure EXPERIMENTAL WATER booster pump. The City has obtained the necessary equipment and PRESSURE PUMP installation will take approximately one day. He will be Special Council Meeting July 25, 1988 Page 205 meeting with the homeowner on duly 26 to approve formal agreements associated with pump installation. Manager Willis suggested that the Council amend the September meeting calendar to hold a special Council meeting at 8:00 p.m. on Tuesday, September 13, and Budget Study Session #2 on September 19. The Council agreed with the changes in order to accommodate the large number of scheduled planning items. MOTION was made by Councilmember Sisk, seconded by Councilmember CCR REPORTS Zitur, to direct staff to prepare cost estimates, methodology of funding, potential staging, and alteration of existing plan on Plymouth Creek Park to include a third soccer field. SUBSTITUTE MOTION was- made by Mayor Schneider, seconded by Councilmember Zitur, to direct staff to discuss with the consultant a "not to exceed" cost estimate to prepare cost estimates, methodology of funding, potential staging, and alteration of existing plan on Plymouth Creek Park to include a third soccer field, and report back. Substitute motion carried, four ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to direct staff to prepare cost estimates, methodology of funding, potential staging, and alteration of existing plan on Plymouth Creek Park to include a third soccer field after the City Council reviews the cost estimate. Motion carried, four ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to direct staff to negotiate with the bank holding the title to the property the potential acquisition of property immediately to the northwest of Plymouth Creek Park. MOTION to amend was made by Councilmember Ricker, seconded by Mayor Schneider, to include two alternatives; the entire parcel or five to seven acres to build a possible community center. Motion to amend carried, four ayes. Main motion as amended carried, four ayes. Manager Willis stated that a reporter from the POST would like to discuss their policy on coverage of Council meetings at the next FORUM. The publisher of the Wayzata Weekly was present in the audience and stated that their general policy is to give additional service such as more Council and Planning Commission coverage where a City has designated their paper as the official paper; however, the question of resources exists. Special Council Meeting July 25, 1988 Page 206 Mayor Schneider requested that the POST provide information in writing to the Council prior to the FORUM so that there is adequate time for discussion. Councilmember Sisk reported on a soccer tournament held on the Plymouth fields and had received praise on the field condition. The meeting was adjourned at 8:45 p.m. Clerk MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 27, 1988 TO: James G. Willis, City Manager FROM: Dale Hahn, Finance Director J0 SUBJECT: SALE OF $3,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS AND 1,025,000 GENERAL OBLIGATION TAX INCREMENT BONDS ACTION REQUESTED: The City Council has advertised the sale of $3,950,000 General Obligation Improvement Bonds for the construction of special assessment projects and $1,025,000 General Obligation Tax Increment Bonds for construction of the first phase of the County Road 6 and I-494 interchange. The sale is scheduled for 7:30 P.M. Monday evening. We have requested a rating from Moody's Investors Service on these bonds. Moody's rated the last City issue Aa. Bids will be opened and tabulated at 6:30 P.M. with representatives from Ehlers and Associates. Following receipt and tabulation of the bids, it is recommended that the Council award the bid to the highest and best bid received. The attached resolutions provide for the format of the transactions, although the actual bid data will have to be inserted following receipt of the bids. Extract of Minutes of Meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was duly held in the City Hall in said City on Monday, August 1, 1988, commencing at 7:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's 1,025,000 General Obligation Tax Increment Bonds, Series 1988A, as adver- tised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the City's official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Notice of Sale of the Bonds. The bids were as follows: After due consideration of the bids, Member then introduced the following resolution and moved its adoption: RESOLUTION NO. A RESOLUTION AWARDING THE SALE OF $1,025,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1988A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $1,025,000 General Obligation Tax Increment Bonds, Series 1988A Bonds) of the City described in the Official Notice of Sale thereof is hereby found and determined to be the highest and best bid received pursu- ant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as fol- lows: Year of Maturity 1991 1992 1993 1994 1995 1996 Net effective interest rate: Interest Rate 1.02. The sum of $ being the amount bid by the Purchaser in excess of $1,007,100 shall be credited to the Debt Service Fund herein- after created. The City Clerk is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchas- er on behalf of the City. 1.03. The City shall forthwith issue and sell the Bonds in the total principal amount of $1,025,000, originally dated August 16, 1988, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: Year Amount 1991 150,000 1992 150,000 1993 175,000 1994 175,000 1995 175,000 1996 200,000 1.04. Optional Redemption. The City may elect on February 1, 1994 and on any interest payment date thereafter to prepay Bonds maturing on or after February 1, 1995. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond shall be dated as of the date of original issue. The interest on the Bonds shall be payable on February 1 and August 1 of each year, com- mencing February 1, 1989, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: a) Register. The Registrar shall keep at its principal corpo- rate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, trans- ferred or exchanged. b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. e) Improper or Unauthorized Transfer. When any Bond is pre- sented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so sur- rendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the regis- tration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publica- tion or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemp- tion are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City hereby appoints the Finance Director of the City of Plymouth, Minnesota, as the initial Registrar. In the event the Bonds are no longer registered in the name of a securities depository as provided in Section 3 the Finance Director may continue as Registrar or the Mayor and the City Manager are authorized to execute and deliver, on behalf of the City, a contract with a Successor Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk and shall be executed on behalf of the City by the manual or facsimile signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certif- icate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same rep- resentative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds, one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds, the temporary Bonds shall be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds shall be printed or typewritten in substantially the following form: Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1988A Rate Maturity Ro The City of Plymouth, Minnesota, pal corporation in Hennepin County, to be indebted and for value received Date of Original Issue CUSIP August 16, 1988 a duly organized and existing munici- Minnesota (City), acknowledges itself hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 1989, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the Finance Director of the City of Plymouth, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or the designated successor Registrar under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1994, and on any interest payment date thereafter, to prepay Bonds of this issue maturing on or after Feb- ruary 1, 1995. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature or of an authorized representative. IN WITNESS WHEREOF, the City of Plymouth, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the manual or facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: City Manager CITY OF PLYMOUTH, MINNESOTA Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution men- tioned within. By Authorized Representative Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of 1,025,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on August 1, 1988 (the Resolu- tion), for the purpose of providing money to aid in financing the public development costs of a project in a municipal development district District) development project in the City, pursuant to Minnesota Statutes, Chapter 469, and the principal hereof and interest hereon are payable primarily from tax increments resulting from increases in assessed valua- tion of real property in tax increment financing districts in the Project Area, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency of tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the City's home rule charter and Consti- tution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional, or statu- tory limitation of indebtedness. Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion if the Bonds are in printed form.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Plymouth, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. Facsimile Signature) City Clerk CERTIFICATE OF REGISTRATION For use if Finance Director is Registrar) This Bond has been registered as to principal and interest in the name of the Registered Owner specified above on the registration books of the City of Plymouth, Minnesota. The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties JT TEN -- as joint tenants with right of survivorship and not as tenants in common under Uniform Gifts or Transfers to Minors Act . . . . . . . . . . . . . State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and trans- fers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 3.02. The City Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Bond. The Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. 3.03. Book -Entry System; Limited Obligation of City. The Bonds shall be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns 'DTC'). Except as provided in Section 3 hereof, all of the outstanding Bon s shall be registered in the registration books kept by the Bond Regi trar n the name of Cede & Co., as nominee of DTC. 3.04. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent shall have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments shall be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, shall receive a certificated Bond evidencing the obligation of the City to make payments of principal, premium, if any, or interest pursuant to this Bond Resolution. Upon delivery by DTC to the Finance Officer of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," shall refer to such new nominee of DTC; and .upon receipt of such a notice, the Finance Director shall promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Finance Officer. 3.05. Representation Letter. The form of Representation Letter proposed to be submitted to DTC, which is on file with the Finance Director and presented to this meeting, is hereby approved, and the Finance Director is authorized to execute and deliver the Representation Letter in substan- tially the form on file, with such changes therein not inconsistent with law as the Finance Director and the City Attorney may approve, which approval shall be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation Letter with -respect to the Bond Registrar and Paying Agent, respectively, to at all times be complied with. 3.06. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certifi- cates. In such event the City shall issue, transfer and exchange Bond certificates as requested by DTC and nay other registered owners in accor- dance with the provisions of this resolution. DTC may determine to discon- tinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City shall issue and the Bond Registrar shall authenticate Bond certificates in accordance with this Bond Resolution and the provisions hereof shall apply to the transfer, exchange and method of payment thereof. 3.07. Payments to Cede & Co. Notwithstanding any other provision of this Bond Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 4. Payment: Security: Pledges and Covenants. 4.01. The Bonds shall be payable from the Series 1988A Increment Bonds Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax Increments) from Tax Increment Districts 1-1, 1-2, 1-3, 1-4 and 1-5 in Development District No. 1 financed by the Bonds is located received by the City are hereby pledged to the Debt Service Fund to the extent necessary to pay principal of and interest on the Bonds. There is hereby appropriated to the Debt Service Fund the following amounts, togeth- er with any accrued interest incurred with the purchase price of the Bonds: Capitalized Interest Excess Over Minimum Purchase Price Total 4.02. It is hereby determined that the estimated collection of Tax Increments for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. The City Clerk is directed to file a certified copy of this Resolution with the Director of Property Taxation of Hennepin County, and obtain the certificates required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City -relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and market- ability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, Manager and Finance Director are hereby authorized and directed to certify that they have examined the Official Statement pre- pared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made appli- cable to the Bonds. 6.02. (a) The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1988) exceed the small -issuer exception amount of 5,000,000. b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed 5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obliga- tions" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; b) the City hereby designates the Bonds as "qualified tax-ex- empt obligations" for purposes of Section 265(b)(3) of the Code; c) the reasonably anticipated amount of tax-exempt obligations other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City and all subordinate entities of the County) during calendar year 1988 will not exceed $10,000,000; and d) not more than $10,000,000 of obligations issued by the City during calendar year 1988 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designa- tions made by this section. The motion for the adoption of the foregoing resolution was duly seconded by Member thereon, the following voted in favor thereof: and the following voted against the same: and upon vote being taken whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting Clerk of the City of Plymouth, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on August 1, 1988 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $1,025,000 General Obligation Tax Increment Bonds, Series 1988A of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this day of , 1988. City Clerk Plymouth, Minnesota SEAL) P5:00660788.RAW STATE OF MINNESOTA DIRECTOR OF PROPERTY TAXATION'S CERTIFICATE AS TO REGISTRATION COUNTY OF HENNEPIN WHERE NO AD VALOREM TAX LEVY I, the undersigned Director of Property Taxation of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council on August 1, 1988, relating to General Obligation Tax Increment Bonds, Series 1988A, in the amount of $1,025,000, dated August 16, 1988, has been filed in my office and said obligations have been registered on the regis- ter of obligations in my office. WITNESS My hand and official seal this day of , 1988. Director of Property Taxation Hennepin County, Minnesota SEAL) By Deputy P5:00660788.RAW Extract of Minutes of Meeting of the City Council of the City of Plymouth, Hennepin County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Plymouth, Minnesota, was duly held in the City Hall in said City on Monday, August 1, 1988, commencing at 7:30 o'clock P.M. The following members were present: and the following were absent: The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's $3,950,000 General Obligation Improvement Bonds, Series 1988A, as advertised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the City's official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Notice of Sale of the Bonds. The bids were as follows: After due consideration of the bids, Member then introduced the following written resolution and moved its adoption: RESOLUTION NO. A RESOLUTION 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 BE IT RESOLVED By the City Council of the City of Plymouth, Hennepin County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $3,950,000 General Obligation Improvement Bonds, Series 1988A (Bonds) of the City described in the Official Notice of Sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Maturity 1991 1992 1993 1994 1995 Net effective interest rate: Interest Rate 1.02. The sum of $ being the amount bid by the Purchaser in excess of $3,880,875 shall be credited to the Debt Service Fund hereinafter created. The City Finance Director is directed to retain the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Manager are directed to execute a contract with the Purchaser on behalf of the City. 1.03. The City shall forthwith issue and sell the Bonds in the total principal amount of $3,950,000, originally dated August 16, 1988, in the denomi- nation of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on February 1 in the years and amounts as follows: Year Amount 1991 775,000 1992 800,000 1993 850,000 1994 825,000 1995 700,000 1.04. Optional Redemption. The City may elect on February 1, 1993 and on any interest payment date thereafter to prepay Bonds maturing on or after February 1, 1994. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price of par plus accrued interest. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which inter- est on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond shall be dated as of the date of original issue. The interest on the Bonds shall be payable on August 1 and February 1 of each year, commencing August 1, 1989, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Regis- trar with respect thereto shall be as follows: a) Register. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly execut- ed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registra- tion of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. c) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. d) Cancellation. All Bonds surrendered upon any transfer or ex- change shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instru- ment of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refus- al, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond regis- ter as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that such Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so sur- rendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Bond prior to payment. i) Redemption. In the event any of the Bonds are called for redemp- tion, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Regis- trar and by publishing said notice in the manner required by law. Failure to give such notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City hereby appoints The Finance Director of the City of Plymouth, Minnesota, as the initial Regis- trar. In the event the Bonds are no longer registered in the name of a securities depository as provided in Section 3 the Finance Director may continue as Registrar or the Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the a Successor Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Regis- trar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk and shall be executed on behalf of the City by the manual or facsimile signatures of the Mayor and the Manager, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signa- ture shall appear on the Bonds shall cease to be such officer before the deliv- ery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on such Bond has been duly executed by the manual signature of an authorized representative of the Regis- trar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Finance Director shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds, one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds, the temporary Bonds shall be exchanged therefor and cancelled. Section 3. Form of Bond. 3.01. The Bonds shall be printed or typewritten in substantially the following form: Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF PLYMOUTH GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1988A Date of Rate Maturity Original Issue CUSIP August 1, 1988 No. The City of Plymouth, Minnesota, a duly organized and existing municipal corporation in Hennepin County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable August 1 and February 1 in each year, commencing August 1, 1988, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immedi- ately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by the Finance Director of the City of Plymouth, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or the designated successor Registrar under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevocably pledged. The City may elect on February 1, 1993, and on any interest payment date thereafter, to prepay Bonds of this issue maturing on or after February 1, 1994. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the Bonds as "qualified tax exempt obliga- tions" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by the Bond Registrar by manual signature or of an authorized representative. IN WITNESS WHEREOF, the City of Plymouth, Hennepin County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the manual or facsimile signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF PLYMOUTH, MINNESOTA City Manager Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of 3,950,000 all of like original issue date and tenor, except as -to number, maturity date, redemption privilege, and interest rate, all issued pursuant to a resolution adopted by the City Council on August 1, 1988 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be in- curred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited thereby, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the City's home rule charter and Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion if the Bonds are in printed form.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Plymouth, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. Facsimile Signature) City Clerk CERTIFICATE OF REGISTRATION For use if Finance Director is Registrar) This bond has been registered as to principal and interest in the name of the Registered Owner specified above on the registration books of the City of Plymouth, Minnesota The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM -- as tenants UNIF GIFT MIN ACT Custodian in common (Cust) (Minor) TEN ENT -- as tenants by entireties under Uniform Gifts or Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges. The Bond Registrar will not effect transfer of this Bond unless the infor- mation concerning the assignee requested below is provided. Name and Address: Include information for all joint owners if this Bond is held by joint account.) Please insert social security or other identifying number of assignee 3.02. The City Clerk shall obtain a copy of the proposed approving legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Associa- tion, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantial- ly the form set forth in the form of Bond. The Clerk is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. 3.03. Book -Entry System; Limited Obligation of City. The Bonds shall be initially issued in the form of a separate single typewritten or printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial issuance, the ownership of each such Bond shall be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York, and its successors and assigns (DTC). Except as provided in Section 3 hereof, all of the out- standing Bonds shall be registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC. 3.04. With respect to Bonds registered in the registration books kept by the Bond Registrar in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent shall have no responsibility or obligation to any broker dealers, banks and other financial institutions from time to time for which DTC holds Bonds as securities depository (the Participants) or to any other person on behalf of which a Participant holds an interest in the Bonds, including but not limited to any responsibility or obligation with respect to i) the accuracy of the records of DTC, Cede & Co. or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person other than a registered owner of Bonds, as shown by the registration books kept by the Bond Registrar, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to any Participant or any other person, other than a registered owner of Bonds, or any amount with respect to principal of, premium, if any, or interest on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the person in whose name each Bond is registered in the registration books kept by the Bond Registrar as the holder and absolute owner of such Bond for the purpose of payment of principal, premium and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes. The Paying Agent shall pay all principal of, premium, if any, and interest on the Bonds only to or on the order of the respective registered owners, as shown in the registration books kept by the Bond Registrar, and all such payments shall be valid and effectual to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, shall receive a certificated Bond evidencing the obligation of the City to make payments of principal, premium, if any, or interest pursuant to this Bond Resolution. Upon delivery by DTC to the Finance Officer of a written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and the words "Cede & Co.," shall refer to such new nominee of DTC; and upon receipt of such a notice, the Finance Director shall promptly deliver a copy of the same to the Bond Registrar and Paying Agent, if the Bond Registrar or Paying Agent is other than the Finance Director. 3.05. Representation Letter. The form of Representation Letter proposed to be submitted to DTC, which is on file with the Finance Director and presented to this meeting, is hereby approved, and the Finance Director is authorized to execute and deliver the Representation Letter in substantially the form on file, with such changes therein not inconsistent with law as the Finance Director and the City Attorney may approve, which approval shall be conclusively evidenced by the execution thereof. Any Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds shall agree to take all action necessary for all representations of the City in the Representation Letter with respect to the Bond Registrar and Paying Agent, respectively, to at all times be complied with. 3.06. Transfers Outside Book -Entry System. In the event the City, by resolution of the City Council, determines that it is in the best interests of the persons having beneficial interest in the Bonds that they be able to obtain Bond certificates, the City shall notify DTC, whereupon DTC shall notify the Participants, of the availability through DTC of Bond certificates. In such event the City shall issue, transfer and exchange Bond certificates as requested by DTC and any other registered owners in accordance with the provisions of this resolution. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and discharging its responsibilities with respect thereto under applicable law. In such event, if no successor securities depository is appointed, the City shall issue and the Bond Registrar shall authenticate Bond certificates in accordance with this Bond Resolution and the provisions hereof shall apply to the transfer, exchange and method of payment thereof. 3.07. Payments to Cede & Co. Notwithstanding any other provision of this Bond Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. Section 4. Payment: Security: Pledges and Covenants. 4.01. The Bonds shall be payable from the Series 1988A Improvement Bonds, Debt Service Fund (Debt Service Fund) hereby created, and special assessments Assessments) to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Finance Director shall pay such principal or interest from the general fund of the City, and the general fund shall be reimbursed for such advances out of the proceeds of Assessments levied for the Improvements when collected. There is hereby appropriated to the Debt Service Fund the following amounts together with accrued interest received with the purchase price of the Bonds: Capitalized Interest Excess Over Minimum Purchase Price 4.02. It is hereby determined that the Improvements to be financed by the Bonds will directly and indirectly benefit and abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: a) The City has caused or will cause the Assessments for the Im- provements to be promptly levied so that the first installment will be collectible not later than 1989 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council shall cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are required for the construction of each Improve- ment financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. b) In the event of any current or anticipated deficiency in the Assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. c) The City will keep complete and accurate books and records showing: all receipts and disbursements in connection with the Improve- ments, Assessments levied therefor and other funds appropriated for their payment, all collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. d) The City will cause its books and records to be audited at least annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assess- ments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the Director of Property Taxation and to -obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certifi- cates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 5.02. The Mayor, Manager and City Finance Director are hereby authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation re- quirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1988 exceed the small -issuer exception amount of $5,000,000. b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; c) the reasonably anticipated amount of tax-exempt obligations other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all subordinate entities of the County) during calendar year 1988 will not exceed $10,000,000; and d) not more than $10,000,000 of obligations issued by the City during calendar year 1988 have been designated for purposes of Section 265(b)(3) of the Code. 6.05. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. The motion for the adoption of the foregoing resolution was duly seconded by Member following voted in favor thereof: and upon vote being taken thereon, the and the following voted against the same: whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. CITY OF PLYMOUTH ) I, the undersigned, being the duly qualified and acting Clerk of the City of Plymouth, Hennepin County, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on August 1, 1988 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $3,950,000 General Obligation Improvement Bonds, Series 1988A of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this day of , 1988._ City Clerk Plymouth, Minnesota SEAL) P5:00662D88.RAW STATE OF MINNESOTA DIRECTOR OF PROPERTY TAXATION'S CERTIFICATE AS TO REGISTRATION COUNTY OF HENNEPIN WHERE NO AD VALOREM TAX LEVY I, the undersigned Director of Property Taxation of Hennepin County, Minnesota, hereby certify that a resolution adopted by the City Council on August 1, 1988, relating to General Obligation Improvement Bonds, Series 1988A in the amount of $3,950,000, dated August 16, 1988, has been filed in my office and said obligations have been registered on the register of obligations in my office. WITNESS My hand and official seal this day of , 1988. Director of Property Taxation Hennepin County, Minnesota SEAL) By P5:00662D88.RAW Deputy CITY OF PLYMOUTH 6-B 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 5544 TELEPHONE (612) 559-2800 1 /Kel DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: Community Development Coordinator Charle _ llerud through Community SUBJECT Development Director Blair Tremer DAVID C. JOHNSON. SITE PLAN AMENDMENT AND VARIANCE FOR A MASTER SIGNAGE PLAN FOR "OAKWOOD SQUARE" RETAIL CENTER AND A SIGN VARIANCE FOR THE UNOCAL" SERVICE STATION (86138) ACTION REQUESTED: Adopt the Resolution approving the Service Station Signage as recommended by the Planning Commission; deny the signage plan as proposed for the Oakwood Square Shopping Center at the southeast corner of Highway 101 and County Road 6. Resolutions approving the proposal are also attached. BACKGROUND: The Site Plan Amendment for a Master Sign Plan for the Oakwood Shopping Center provided two separate plans for signage, one for the retail center and one for the "UNOCAL" service Station. Following extensive discussion, the Planning Commission made their recommendation to approve a signage plan for the gasoline service station; and, recom- mended denial of the signage plan as proposed for the retail center. The Commission recommended approval for the service station signage by a 4 - 3 vote; and, the recommendation to deny the signage plan for the retail center was by unanimous vote. ISSUES AND ANLYSIS: 1. The Commission addressed the service staton signage and shopping center sign- age as separate applications and resulting recommendations (as they were submitted). 2. The Commission recommends a second canopy identification sign not be approved for the service station. That was a second variance applied for on the ser- vice station site. All service station wall signage is consistent with the Zoning Ordinance standards. The Commission did recommend the other sign variance for the service station pylon sign. Page two Memorandum to City Manager, City Council Meeting August 1, 1988 Oakwood Square Shopping Center and Service Station July 26, 1988 3. The Commission recommends denial of the variances reflected on the Master Sign Plan for the shopping center. A plan is required by the Zoning Ordinance, regardless of variance applications, for a shopping center. By the recom- mendation, the owner may not construct shopping center signs even if they are within Zoning Ordinance size standards until a Master Sign Plan is approved. That can be done administratively. RECOMMENDATION: The first Resolution approves of the Site Plan Amendment and Variance for the Service Station signs, as recommended by the Planning Commission. The second Resolution is for denial of the "second" Service Station sign variance, which is presented due to the 4 - 3 vote for approval by the Planning Commission. The third Resolution is for denial of the Shopping Center Master Sign Plan, as recom- mended unanimously by the Planning Commission. The fourth Resolution prepared, by Council policy, would approve the Master Sign Plan with the requested variances. We conclude, as did the Commission, that the variance criteria are not supported by the circumstances and that the Ordinance provides adequate signage for this development. The Ordinance standard is proportional, i.e., a percentage of the wall, and there should be no disadvantage to this petitioner versus another shopping center. Attarhmantc 1. Resolution Approving Sign Plan Variance for the UNOCAL Service Station 2. Resolution Denying Service Station Sign Plan Variance 3. Resolution Denying Master Sign Plan and Variance "Oakwood Square" Shopping Center. 4. Resolution Approving Master Sign Plan Variance for "Oakwood Square" Shopping Center. 5. duly 13, 1988 Planning Commission 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: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING SIGN PLAN VARIANCE FOR DAVID C. JOHNSON FOR "UNOCAL" SERVICE STATION (86138) WHEREAS, David C. Johnson has requested approval of a Master Sign Plan Variance for the UNOCAL Service Station at Oakwood Square Shopping Center at the southeast corner of Highway 101 and County Road 6; and, WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by David C. Johnson for a Sign Plan Variance for the "UNOCAL" gasoline service station located at the corner of Highway 101 and County Road 6, subject to the following conditions: 1. Approved Signage shall be as follows: One Pylon Sign with a second sign, a price sign not to exceed 96 sq. ft. total area aggregate. 2. The variance for the second sign is granted based on the finding that the variance criteria are satisfied. 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 _ 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 - DENYING SIGN PLAN VARIANCE FOR DAVID C. JOHNSON FOR "UNOCAL" SERVICE STATION (86138) WHEREAS, David C. Johnson has requested approval of a Sign Plan Variance for the UNOCAL Service Station at Oakwood Square Shopping Center located at the southeast corner of Highway 101 and County Road 6; and, WHEREAS, the Planning Commission has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by David C. Johnson for a Sign Plan Variance for the "UNOCAL" gasoline service station located at the corner of Highway 101 and County Road 6, based on the following: conditions: 1. The proposed variance for a second sign face on a pylon is not responsive to the Zoning Ordinance Variance Criteria. 2. A condition of approval of the previous Site Plan approval for this site, was that all signage be in compliance with 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. 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: adoption: meeting of the City Council of the day of , 19_ The introduced the following Resolution and moved its RESOLUTION NO. 88 - DENYING MASTER SIGN PLAN AND VARIANCE FOR DAVID C. JOHNSON FOR OAKWOOD SQUARE SHOPPING CENTER (86138) WHEREAS, David C. Johnson has requested approval of a Master Sign Plan and Variance for Oakwood Square Shopping Center at the southeast corner of Highway 101 and County Road 6; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE_, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by David C. Johnson for a Master Sign Plan and Variance for Oakwood Square Shopping Center at the southeast corner of Highway 101 and County Road 6, based on the following: 1. The proposed variance for the surface area of wall signage is not responsive to the findings for such variance by the Zoning Ordinance. Specifically, no hardship has been shown, nor has a purpose been shown other than to increase the income potential of the parcel. 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 _ City of Plymouth, Minnesota, was held on the following members were present: The following members were absent: adoption: meeting of the City Council of the day of , 19_ The introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING MASTER SIGN PLAN VARIANCE FOR DAVID C. JOHNSON FOR OAKWOOD SQUARE SHOPPING CENTER (86138) WHEREAS, the City Council approved a Site Plan for Oakwood Square Shopping Center under Resolution No. 87-188 and required, among other things, that signage be in conformance with the Ordinance; and, WHEREAS, the Zoning Ordinance sign standards require a Master Sign Plan for shopping centers; and, WHEREAS, David C. Johnson has requested approval of a Master Sign Plan and Variance for Oakwood Square Shopping Center located at the southeast corner of Highway 101 and County Road 6; and, WHEREAS, the Planning Commission has reviewed said request; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request by David C. Johnson for a Master Sign Plan Variance for Oakwood Shopping Center located at the southeast corner of Highway 101 and County Road 6, subject to the following conditions: 1. Any signage shall be in compliance with the Zoning Ordinance and any applicable Building Codes, except as provided herein. 2. A Variance is hereby approved to allow installation of an aggregate 346 sq. ft. of wall signage, versus the Ordinance maximum of 270 sq. ft., consistent with the letter from the petitioner dated July 5, 1988. 3. No other variances are granted or implied. 4. The Varince is granted on the finding that the Ordinance Criteria are satisfied. 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 adopte Paoe 17L. Pianninq Commi.ssio' Plinutes July 13, 19fi' Roll Call Vote on Amendment. 4 Ayes. Commissioner 1XVOTF - AMENDMENT 1. Stulberq, Tierney, and Marofsky, Nay. MOTION carried. MOTION CARRIED MOTI011 by Commissioner Plufka, seconded by Chairman Pauha'to Amend the Main Motion by adding the following to,`new" Condition No. 6.: No approval is hereby qranted for size, location, or design for the siqnage labeled " -Commercial Signage", depicted for a location within Outlot K, of Parkers Lake North MPUD. Commissioner Marofsky stated he has a problem with no pro- posal for the commercial signage and could not vote for this Master Plan without reviewing a detailed commercial siqnage plan. Roll Call Vote on Amendment. 6 Ayes. Commissioner Marofsky, Nay. MOTION by Commissioner ,Plufkd, seconded by Commissioner Zylla to Amend the Main' Motion by changinq Condition No. 9 to read: No approval is granted or implied, other than basic design, of signs labeled "tertiary." Sign size, location, and amoynt shall be addressed with site specific final plans. / Roll Call/ ote n Amendment. 7 Ayes. MOTION carried. Roll Callon Main Motion as three times Amended. 6 Ayes. Coner Marofsky, Nay. MOTION carried. NEW BUSINESS MOTION TO AMERtl VOTE - AMENDMENT 2. MOTION CARRIED MOTION TO AMEND VOTE - AMENDMENT 3. VOTE - MAIN MOTION AS THREE TIMES AMENDED Chairman Pauba introduced the request. Reading of the July DAVID C. JOHNSON 8, 1988 staff report was waived. Chairman Pauba requested SITE PLAN AMENDMENT that Coordinator Dillerud provide an overview of the July AND VARIANCE FOR 13, 1988 Memorandum distributed to the Commission. MASTER SIGN PLAN OAKWOOD SQUARE" Coordinator Dillerud explained the omission concerning the (86138) service station signage. Chairman Pauba inquired about the fact there are no comemnts regarding the parking variance. Coordinator Dillerud stated that this was not overlooked, it was not reviewed for this report. Chairman Pauba introduced Mr. Dale Simonson, representing the petitioner. Mr. Simonson showed slides of the site and explained the proposal. Chairman Marofsky listed size and type of signage for the shopping center and the service station, and inquired if the petitioner is aware they could be waiving signage to which they are entitled by action on this request. Coordinator Dillerud explained that the service station has a separate sign plan. Paqe 175 Planning Commission Minutes July 13, 1935 Commissioner Wire inquired why the building design is dictating the size of the signage. Discussion ensued regarding the need for specific signage for the service station and shopping center. Commissioner Wire stated that the variance could be reduced, since the use of the larger UNOCAL "orange ball" would pro- vide adequate identity. MOTION by Commissioner Stulherq, seconded by Commissioner Wire to recommend denial of the Site Plan Amendment and Variance for the Master Sion Plan for the Oakwood Shoppinq Center, as stated in the draft recommendation. MOTION by Commissioner Stulberg, seconded by Commissioner Wire to recommend denial of the Site Plan Amendment and Variance for the Master Sign Plan for the Oakwood Square UNOCAL Service Station. The Commission noted that durinq the early stages of development, the staff, Planning Commission, and City Council stated concerns regardino the site and buildinq design that could have shortcomings that would result in future requests for variances from the Ordinance standards. Mr. Dale Simonson asked for the opportunity to speak regard- ing the need for a price sign for the gas station. He stated that all service stations are allowed this signage and it seems unfair to deny this station what all other stations in the metro area have. He noted that the shopping center is a complicated issue. The roofline and the pitch that were design features to make this center compatible with the residential nature of the area affects the wall area for signage. Mr. Simonson introduced Mr. Steve Krause, architect, to explain the unique needs of the shopping center. Mr. Krause stated that compatibility with the neighborhood was the goal of this architecture. The tenants were not known durinq the earlier development phases, however, they now have firm commitments for some tenant space. The neighbors, who were disgruntled by the redevelopment of this corner, have had nothing but positive reaction to the shopping center. He believes they are being penalized on this sign issue. Mr. Simonson explained that the problem is two -fold, the roofline that provides less wall area, and the fact that there are two more tenants than anticipated. He stated that this is no fault of either the City or the developer. He MOTION TO DENY SITE PLAN AMENDMENT FOR SIGN PLAN FOR OAKWOOD SHOPPING CTR. NOTION TO DENY SITE PLAN AMENDMENT FOR SIGN PLAN FOR SERVICE STATION Page 176 Planning Commission Minutes July 13, 198 noted that the Ordinance., by nature, is inflexible. He agreed that the original submission needed to be cut back, however, they request the use of the square footage allowed for a normal parapet wall. Further discussion ensued. SUBSTITUTE MOTION by Commissioner Marofsky, seconded by Com- SUBSTITUTE MOTION missioner Plufka to approve the Service Station Signage for TO APPROVE SERVICE a single Pylon Sign with price sign not to exceed 96 sq. STATION SIGNAGE ft., to include a variance for the second siqn face on the pylon. Roll Call Vote. 4 Ayes. Commissioners Wire, Stulberg, and Zylla, Nay. MOTION carried. SUBSTITUTE MOTION by Commissioner Plufka, seconded by Com- missioner Zvlla to amend the Main Motion to allow a 346 sq. ft. total for signage; arid, to allow one pylon sign with no individual tenant siqns for the Oakwood Shopping Center. Roll Call Vote. 2 Ayes. Commissioners Wire, Stulberg, Tierney, Marofsky, and Chairman Pauba, Nay. MOTION failed. Roll Call Vote on Main Motion. 7 Ayes. MOTION carried. Chairman Pauba introduced the request by the City of Plymouth for a Lot Division and Variance to construct a City water tower. Reading of the June 28, 1988 staff report was waived. MOTION by Commissioner Zylla, seconded by Commissioner Tierney to recommend approval of the Lot Division and Variance from the Ordinance standard for street frontage for the City of Plymouth to allow the construction of a water tower, subject to the conditions as listed and based on compliance with the variance critera as stated in the June 28, 1988 staff report. Vote. 7 Ayes. MOTION carried. Chairman Pauba introduced the request and reading of the July 7, 1988 staff report was waived. Commissioner Zylla inqu this would not be consoli- dated as individual building site , d why the City was just transferring the land to property ow He stated concern that this property should have been app d and sold. Coordinator Dillerud explained that since this property was donated to the City, and 6th Avenue North is a collector street, the City does not want lots with direct access to 6th Avenue North. This action puts the property back on the tax rolls without creating an access problem on a thorough- fare street. VOTE - MOTION CARRIES) SUBSTITUTE MOTION TO APPROVE OAKWOOD SQUARE SHOPPING CENTER SIGNAGE VOTE - MOTION FAILED VOTE - MOTION TO DEM' SHOPPING CENTER SIGN PLAN MOTION CARRIED CITY OF PLYMOUTH LOT DIVISION AND VARIANCE (88063) MOTION TO APPROVE VOTE - MOTION CARRIED CITY OF PLYMOUTH LOT DIVISION/ CONSOLIDATION AND VARIANCE (88075) CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: duly 26, 1988 for City Council Meeting August 1, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT RESOLUTION AMENDING APPROVAL OF SITE PLAN CONDITION FOR OAKWOOD SQUARE RETAIL CENTER, HIGHWAY 101 AND COUNTY ROAD 6 (86138) ACTION REQUESTED: Approve the attached Resolution which amends the terms of Resolution No. 88-366 relative to completion of landscape. BACKGROUND: The City Council, under Resolution No. 88-366, approved an amendment to the original Site Plan approval regarding completion of landscaping. The original Resolution, No. 87-188, required that all landscaping was to have been completed prior to the issuance of an occupancy permit. The City Council considered information from the petitioner and his landscape service which suggested that materials required by the landscape plan could not be provided in a timely manner due to the nature of the growing and transplanting season. The City Council approved an amended condition: "All landscaping shall be completely installed by August 1, 1988. If it is not, there shall be no further occupancy permits issued until it is completed. The petitioner, through his architect, has submitted a request of an extension of the August 1, 1988 deadline and the right to occupy the building prior to the installation of landscaping. A Notice has been sent to neighboring property owners within 100 ft. of the property. The Ordinance does not require a formal Public Hearing for this request, but the neigh- bors were advised of the City Council conditions when the original approval was granted and some of them have expressed concern about the timing of the landscape improvements. PRIMARY ISSUES AND ANALYSIS: The architect now contends that the dry weather and heat have made it "nearly impos- sible for the survival of newly transplanted trees and shrubs." The architect's letter does not specify a completion date; rather, the request is for an extension "until conditions are more favorable to the survival of the transplanted material." However, supporting information from Minnesota Valley Landscape, Inc., indicates that "we can resume work on this site on September 1, 1988." Also, the nursery service indicates that "fall planting will ensure cooler temperatures, plant material dormancy, and hope- fully, more moisture." Page two Memorandum to City Manager Oakwood Square Shopping Center Landscaping July 26, 1988 The reason the landscaping was to have been installed in time for the occupancy was to provide effective transition and screening to the residential properties to the east and to the south. Those residents have inquired as to the timing of the transition since the shopping center is nearing completion and occupancies have begun. The net effect of this request is to continue the occupation of the various tenant spaces but to extend the time period that the neighbors will not have the transition approved with the landscape plan. Clearly, the landscaping work was not planned properly to coincide with the site work earlier this spring, and now with the drought, it appears that there are no feasible options because of the survivability factor. The Council may recall that the earlier request proposed an alternate tree species on the basis, that otherwise, all the landscaping could be done. The Council opted instead to retain the tree size and species originally approved, extending the time as then suggested by the landscape consultant. It is significant, in my opinion, that the proposal now seems to be a deferral of all landscaping until fall and not Just major trees. Mr. Johnson has continued to make commitments with tenants who fully expect to occupy the various tenant areas per the terms of their agreements. The issue before the City Council, therefore, is whether to prohibit further occupancy of the building after August 1st until the landscaping can be installed; the petitioner suggests that would be unreasonable on the basis that the drought and its effects on landscaping and transplanting materials is beyond his control. RECOMMENDATION AND CONCLUSION: I recommend that if the City Council approves an extension, that it be to a date certain, and further that there be no reduction of the Site Improvement Performance Agreement financial guarantee until the landscaping work has been completed (a certain amount is always retained to assure winter survivability after the initial instal- lation; our recommendation is to not release or reduce any of the financial guarantee for any of the work until the landscaping is completed). My conclusion is that the petitioner leaves the City Council no choice but to grant an extension because of the drought and heat. However, the record is quite clear that due to lack of proper planning and work scheduling by the petitioner on this site, the neighborhood is being asked to tolerate occupancy and the external effect due to the lack of the transition that should have been available. Completion of this aspect of the work clearly has not had the priority it should have. Attachments 1. Resolution 2. Petitioner's Correspondence 3. Resolution No. 88-366 and June 20, 1988 City Council Minutes Pursuant to due call and notice City of Plymouth, Minnesota, was following members were present:_ CITY OF PLYMOUTH thereof, a meeting of the City Council of the held on the day of , 19_ The The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING AMENDMENT TO SITE PLAN APPROVAL FOR DAVID C. JOHNSON FOR OAKWOOD SQUARE SHOP- PING CENTER RELATIVE TO COMPLETION OF LANDSCAPING (86138) WHEREAS, David C. Johnson received approval of a Site Plan and Variance to construct a one-story retail building as part of the Oakwood Square Development at the southeast corner of State Highway 101 and County Road 6; and, WHEREAS, Resolution No. 87-188 required, at Condition No. 11, that all landscaping shall be completed prior to the issuance of an Occupancy Permit; and, WHEREAS, the City Council on June 20, 1988, under Resolution No. 88-366, approved the petitioner's request to modify the original approval as to the timing of the landscap- ing installation: "All landscaping shall be completely installed by August 1, 1988. If it is not, there shall be no further occupancy permits until it is completed;" and, WHEREAS, the petitioner has requested further extension of the time to install the landscape material due to drought conditions and heat, while allowing occupancy of the shopping center to continue; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve an amendment to the original Site Plan and Variance approval regarding landscaping for Oakwood Square Shopping Center, per Resolution No. 87-188 and 88-366, as follows: 1. All landscaping shall be completely installed by September 16, 1988, and that shall be confirmed in writing by the petitioner to the City. 2. Appropriate erosion control and dust control measures as approved by the City shall be taken to include but not limited to silt fencing, and mulching. 3. There shall be no reducation and/or release of the financial guarantee submit- ted in conjunction with the Site Improvement Performance Agreement for this project until the City has confirmed the initial installation of the landscaping. 4. Failure to install the required landscaping by the specified date will result in no further occupancy permits to be issued and initiation of the required procedures to foreclose on the financial guarantee per the terms of the Site Improvement Performance Agreement. Page two Resolution No. 88- 5. All construction materials, outside storage of construction equipment, includ- ing disposal containers, and debris shall be removed so as to not be visible from the east or south properties adjacent to the site prior to any further occupancy of the building. All fencing as stipulated by the original approval shall be installed prior to any further occupancy. 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. 305 minnetonka ave. so. wayzata, minnesota 55391 4 July 25, 1988 City of Plymouth Planning Department 3400 Plymouth Blvd. Plymouth, MN 55447 Attention: Mr. Blaire Tremere Subject: Oakwood Square Dear Mr. Tremere: 7 T"l t 4--c, Cmc I kilstofte associates architects 612.473.0277 irwin h. kHstofte president n c a r b certificate FILE COP` g/e138 On behalf of the Owner/Developer, David C. Johnson, I am submitting this request to your office regarding the landscaping/occupancy issue for the new shopping center (Building "A"). Due to current weather conditions, we are unable to proceed with the installation of the landscaping material. The unusually high temperatures and lack of moisture we are experiencing with this drought have created a situation which is nearly impossible for the survival of newly transplanted trees and shrubs. Therefore, we hereby request an extension of the August 1, 1988 deadline (as approved by council on June 20th) until conditions are more favorable to the survival of the transplanted material. In conjunction with this request, we ask for the right to occupy the building prior to the installation of this landscaping. I have been in contact with a number of people in the landscaping and horticultural professions in search of their recommendations. Each has informed me that planting the material for this project at this time would mean certain failure. Each has indicated planting in the fall would be a more feasible time period. In support of this request, please find copies of letters from Mr. Peter W. Klose, land architect from Minnesota Valley Landscape, Inc. (project landscape contractor); Mr. Robert D. LaFavor, vice-president of Otten Brothers Nursery and Landscaping, Inc. (project consultant); and Mr. Robert Mugaas, chief horticulturist for the Hennepin County Extension Service (the letter from Mr. Mugass is forthcoming and will be available as soon as received.) I have also spoken with the City Forester, Mr. Don Kissinger, and have been given the same advice. This request does not indicate an unwillingness to cooperate with the city, but rather, we are concerned for the project as a whole. It does not make any sense to plant $30,000.00 worth of trees if one knows they have little chance to survive. We ask for understanding during this extensive hardship as this drought continues. Please contact me at your earliest convenience if I may answer any questions. Thank you. Sincerely, KILSTOFTE ASSOCIATES, INC. S11— D. Stephen D. Krause Project Architect ib encl; cc: David C. Johnson July 18, 1988 KILSTOFF ASSOCIATES, INC. 305 Minnetonka Avenue South Wayzata, MN 55391 ATTN: Steve Krause RE: Oakwood Square Commercial Development Plymouth, MN Dear Mr. Krause: This letter is a summary of our discussion on Friday, July 15, 1988 covering the work elements for the landscape site development at Oakwood Square Commercial Site. 1. Extra Timber Wall Work -- Due to unforseen grade changes west of Building "A," adjacent to Highway 101, between the proposed sidewalk and new parking lot, a U-shaped timber wall is required at the new storm water catch basin. This wall will be 12" high above the grade. The wall will have one 6" timber below grade for the base coarse. The timber wall east of Builing "A" as you indicated, does not need to be four feet high as indicated on the landscape develop- ment sheet. A three foot high wall will suffice in this situa- tion. The unused timbers for this wall will be credited towards the wall situation west of Builing "A," adjacent Highway 101. Any additional timbers required will be an add-on cost. The catch basin east of Building "B" requires a U-shaped retaining wall. Again, this wall will be 12" high above the grade. The wall will have on 6" timber placed below grade for the base course. This will be an add-on cost. 2. Establish Earth Mound Grade at South Entrance adjacent Highway 101 a. Additional soil is required to complete the desired earth mound shape. This dirt quantity will come from said contract line item covering topsoil. b. Placement and shaping of the earthmound will be on an hourly basis. The cost is $45.00 per hour for #1845 Bobcat and operator. minnesota LANDSCAPE vd ley 9700 west bush lake rd., mpls., mn. 55438.16991612.944.1626 3. Earth Mound "Saddles" - We can finish grade each mound so that there will be a low point in the middle of the mound to provide a undulated effect. 4. Watering - We can provide additional watering service for the two Sycamore Maple Trees in the southeast corner of parcel "A". The cost is $65.00 per hour, 2 hour minimum plus water costs. 5. Rough Grading - the areas adjacent buildings "A", "B", and C" that are to be sodded or planted with shrubs have to be brought up to within four inches of top of sidewalk and curb. If the grading contractor is not available to complete this work, we can provide this service at $45.00 per hour. 6. Planting Schedule a. The 1988 summer weather with its lack of rain and extreme high temperatures has caused major planting problems for the landscape industry. We are experi- encing higher initial planting losses this year than in previous years due to the changed weather elements. b. MINNESOTA VALLEY LANDSCAPE, INC. has reviewed the plant material outlined for this project. We are very concerned with the survivability of the twelve foot spruce trees. Presently the spruce are growing in the ground at the nursery and will have to be balled and burlaped for delivery to this job. The standard time period for digging, balling and burlaping evergreen trees in the landscape nursery industry in Minnesota is August 15th to September 15th. C. We have reviewed the job specification, Section 02480 LANDSCAPE, page 9 of 13, paragraph 3.5, Time of Planting: 3.5 Time of planting A. Deciduous Plant Materials: Spring - April 1 to June 15 Fall - September 1 to November 15 Anytime soil is workable as allowed by specific root condition. B. Coniferous Trees: ruy LANDSCAPE INC. Spring - April 1 to June 15 9700 west bush lake rd., mpis., mn. 55438.16991612.944.1626 611 C. Coniferous Shrubs: Spring - April 1 to June 15 Fall - September 1 to October 30 D. The growing season begins June 1 and ends September 30. Any plant material installed during typical off season (hot summer months or freezing winter months) shall be done at the Contractors own risk and the Contractor shall be held responsible for replacement of any plant material damaged due to these adverse conditions. MINNESOTA VALLEY LANDSCAPE, INC. cannot justify commencing planting deciduous and coniferous trees and shrubs at this time according to job specifications and the severe high tempetures that we are experiencing at this time. We can resume work on this site on September 1, 1988. If you have any questions, please feel free to call our office. Sincerely, P.,t, Kk-'- Peter W. Klose Land Architect PWK/skj F1 f minnesota 1MED ° 9700 west bush lake rd., mpls., mn. 55438-16991612.944.1626 OT"TEN BROS. NURSERY & LANDSCAPING, INC. July 21, 1988 Kilstofte Associates, Inc. 305 Minnetonka Ave S Wayzata, MN 55391 C/O Steve Krause Dear Steve, OFFICE & GARDEN CENTER: 2265 W. WAYZATA BLVD., LONG LAKE MAILING ADDRESS: P.O. BOX 268, LONG LAKE, MN 55356 • 473-5425 Thank you for contacting me with your cincerns in regard to the Oakwood Square project. As a paid consultant in the Landscape Design phase of your project, I am especially interested in the final appearance of the site. Your question to me involves the timing of the plant materials installation. I have bean a design/build contractor for fifteen years and have never seen conditions as difficult for installation/survival of plant materials as they are now. Survival of newly planted materials is directly related to water intake versus loss through transpiration. Plant material at this time of the season is at its peak for moisture loss due to the normal process of photosynthesis. Transplanting material now that was not pre -dug this spring would subject the material to extreme stress. Considering the abnormal heat and drought we've experienced this season, I would even be reluctant to transplant large marterials that were pre -dug this spring which is in fact, the case with our firm. We are delaying this type of work untill fall when conditions will be more favorable for survival. In conclusion, my recommendation to you would be to delay planting until conditions improve. Fall planting will insure cooler temperatures, plant material dormancy and hopefully more moisture. Feel free to contact me with any additional have. Sincer y, Robert D. LaFavor, B.L.A.,C.M.N. Vice President OVER 30 YEARS OF QUALITY SERVICE concerns you might N 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 20th day of June , 1988. The following members were present: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following members were absent: None Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 88-366 APPROVING AMENDMENT TO SITE PLAN APPROVAL FOR DAVID C. JOHNSON FOR OAKWOOD SQUARE 86138) WHEREAS, David C. Johnson received approval of a Site Plan and Variance to construct a one-story retail building as part of the Oakwood Square Development at the southeast corner of State Highway 101 and County Road 6; and, WHEREAS, Resolution No. 87-188 requires, at Condition No. 11, that all landscaping shall be completed prior to the issuance of an Occupancy Permit; and, WHEREAS, the petitioner has provided information from his architect and landscape contractor that the specified 12 ft. Spruce trees cannot be procured and installed until later in the summer; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve an amendment to Resolution No. 87-188 regarding landscaping for Oakwood Square to read as follows: All landscaping shall be completely installed by August 1, 1988. If it is not, there shall be no further Occupancy Permits issued until it is completed. The motion for adoption of the foregoing Resolution was duly seconded by Councilmember Ricker , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur and Sisk The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. Regular Council Meeting June 20, 1986 Page 168 Sherman Goldberg appeared requesting that a hearing be/ordered on the proposed vacation of a trail easement for Lo 10, 11, 12, and 13, Block 1, Oakwood Shores 2nd Addition. Director Tremere reported that the developer h not provided written confirmation from the City of Maple G ve and Hennepin Regional Parks that the trail easement is not ecessary. Mr. Goldberg requested that the Council s the hearing. If he cannot provide the requested documentati n, the hearing notices will not be published. MOTION was made by Councilmember Sis , seconded by Councilmember RESOLUTION NO. 88-364 Ricker, to adopt RESOLUTION N0. 8 -364 ORDERING PUBLIC HEARING ORDERING HEARING 0!; ON THE PROPOSED VACATION OF A T IL EASEMENT, LOT 109 11, 12, VACATION OF TRAT_ 13, BLOCK 1, OAKWOOD SHORES 2ND DD. EASEMENT, OAKWOOL SHORES 2ND ADDN. Motion carried on a Roll Cal vote, five ayes. Item 7-Y MOTION was made by Counci ember Sisk, seconded by Councilmember RESOLUTION NO. 88-365 Zitur, to adopt RESOLUTI NO. 88-365 AUTHORIZING MAYOR AND CITY EXECUTE DEED, SWAM CLERK TO EXECUTE DEED FOR SWAN LAKE PROPERTIES, CITY PROJECT LAKE PROPERTIES NO. 455. Item *7-Z Motion carried on a/Roll Call vote, five ayes. Mary Jo Ambroz, 350 Trenton Lane #322, presented a petition from residents f the Sagamore and Trenton Place Apartments for a trail or sid alk improvements. MOTION was made by Councilmember Vasiliou, seconded by Councilmember Sisk, to refer this petition to the Park and Recreation Advisory Commission for review and recommendation, with Mrs. Ambroz to be contacted when the Commission will consider this request. Motion carried on a Roll Call vote, five ayes. Dave Johnson, Stephen Krause, and Pete Klose appeared before the Council requesting amendment of the site plan condition for Oakwood Square Retail Center, Highway 101 and County Road 6 86138) to provide that 10' rather than 12' spruce trees be installed. The Council was not in favor of any size reduction in the trees. REQUEST FOR SIDEWALK/ TRAIL, SAGAMORE AN" TRENTON PLACE APTS. Item 7 -AA REQUEST FOR CHANGE IN SITE PLAN CONDITION FOR OAKWOOD SQUARE RETAIL CENTER Regular Council Meeting June 20, 1968 Page 169 MOTION was made by Councilmember Sisk, seconded by Councilmember Ricker, to adopt RESOLUTION NO. 88-366 APPROVING AMENDMENT TO SITE PLA14 APPROVAL FOR DAVID C. JOHNSON FOR OAKWOOD SQUARE 86138), with the deletion of the language pertaining to 10 ft. Spruce trees and the addition of the language "All landscaping shall be completely installed by August 1, 1988. If it is not, there shall be no further occupancy permits issued until it is completed." Motion carried on a Roll Call vote, five ayes. Councilmembers Vasiliou and Sisk noted that they have talked with the developer regarding signs and problems that could arise with tenants beginning business with no signs allowed because the developer has not yet obtained approval of a sign plan as required by ordinance. Any variances require review and approval by the Planning Commission and Council. Mr. Johnson said he understood that. Mayor Schneider called a five minutes recess. The meeting was reconvened at 11:40 p.m. The C ncil discussed with Mr. Del Erickson, architect, changes outline in Change Order No. 1, Parkers Lake Pavillion. He stated tha the majority of changes were due to differing building code erpretations of type of building, and a soil correction made at a east shelter. The Council noted that over 1/3 of the cont in cy for this project is needed for Change Order No. 1. MOTION was made by Co.uncilmem r Ricker, seconded by Councilmember Sisk, to adopt RESOLUT NO. 88-367 APPROVING CHANGE ORDER NO. 1 FOR THE PARKERS LAKE PA LLION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, s;nde! by al AsCouncilmemberSisk, to defer to June 27 the Species! Committee Report on Infrastructure Replacement and r ated fiscal matters. Motion carried on a Roll Call vote, five ayes. An administrative MOTION was made by Councilmember Zitur, seconded by Mayor Schneider, to inform the Director of Public Safety of recent citizen concerns presented through petitions regarding traffic problems at 48th and Zachary, and Sunset Trail, to report in written form to the Council as to the concerns and possible solutions. RESOLUTION NO. 88-36-' AMENDMENT TO SITE PLA APPROVAL, OAKWOOD SQUARE RETAIL CENTER 86138) Item 7 -BB CHANGE ORDER NO. 1 PARKERS LAKE PAVILLIO! RESOLUTION NO. 88-367 CHANGE ORDER NO. 1 PARKERS LAKE PAVILLIOc, Item 7-P SPECIAL ASSESSMENT COMM. REPORT ON INFRASTRUCTURE REPLACEMENT Item 8-A s<, !• ; x\ 4 i{ ' y y CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 b TELEPHONE (612) 559-2800 MEMO DATE: July 27, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: Community Development Coordinator Charles E. Dillerud through Community SUBJECT Development Director Blair Tremere PUMP & METER SERVICE, INC. FOR LINN, INC. CONDITIONAL [ISE PERMIT AND VARIANCE FOR AMOCO STATION (88030) ACTION REQUESTED: Adopt the Resolution denying the request to extend the canopy over the existing gas pump islands and a setback variance to allow a reduced front setback for that canopy at the Amoco service station at 10910 State Highway 55. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on July 13, 1988, and recommended denial by a 5 - 2 vote. ISSUES AND ANALYSIS: The staff analysis of this proposal addressed bases for denial of the Conditional Use Permit extension, as well as the set -back variances. The Commission does find that the variance request for front yard setback fails to respond to the Ordinance criteria for a variance, and recommends denial. RECOMMENDATION: Because of the 5 - 2 vote on the recommendation of the Planning Commission, two Resolu- tions are attached. The first Resolution provides for denial of the application as recommended by the Planning Commission. The second Resolution approves the Conditional Use Permit Amendment and Variance, subject to the standard conditions. We recommend denial. Al -i - —k nntc 1. Resolution Denying Request 2. Resolution Approving Request 3. July 13, 1988 Planning Commission 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: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - DENYING THE CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR PUMP AND METER SERVICE, INC., FOR LINN, INC. (AMOCO SERVICE STATION, 10910 OLSON MEMORIAL HIGHWAY) (88030) WHEREAS, Pump and Meter Service, Inc. for Linn, Inc., has requested a Conditional Use Permit Amendment and Variance to extend the canopy over the existing pump islands at the Amoco service station located at 10910 Olson Memorial Highway; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Pump and Meter Service, Inc., for Linn, Inc., for a Conditional Use Permit Amendment and Variance for the extension of the canopy over the existing pump islands at the Amoco service station located at 10910 Olson Memorial Highway, based on the following with respect to the variance: 1. The site provides no particular physical surrounding, shape or topographical conditions that would result in any particular hardship to the owner if the strict letter of the regulations were to be carried out. 2. The conditions upon which the petition for variance is based, are not unique to this parcel of land and could be applicable generally to any other property within this Zoning District classification. 3. The purpose of the variance is partially based upon the petitioner's desire to increase the value or income potential of the parcel of land. 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. W 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 A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR PUMP AND METER SERVICE, INC., FOR LINN, INC. (AMOCO SERVICE STATION, 10910 OLSON MEMORIAL HIGHWAY) (88030) WHEREAS, Pump and Meter Service, Inc. for Linn, Inc., has requested a Conditional Use Permit Amendment and Variance to extend the canopy over the existing pump islands at the Amoco service station located at 10910 Olson Memorial Highway; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; 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 Pump and Meter Service, Inc., for Linn, Inc., for a Conditional Use Permit Amendment and Variance for the extension of the canopy over the existing pump islands at the Amoco service station located at 10910 Olson Memorial Highway, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The site shall be maintained in a sanitary manner. 3. Any signage shall conform with the City Ordinance standards. 4. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance. 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 PLANNING COMMISSI014 MINUTES DULY 13, 1988 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Pauba, Commissioners lkire arrived at 7:45 P.M.), Stulberg, Zylla, Plufka, Marofsky and Tierney MEMBERS ABSENT None STAFF PRESENT: Community Development Coordinator Chuck Dillerud City Engineer Chet Harrison Public Works Director Fred Moore Planning Secretary Grace Wineman MINUTES Motion by Commissioner Plufka to place Item s,'6 -B and 6-C on the Consent Agenda. Motion died for lack bmf second. Commissioner Zylla stated he wanted --l"urther information and a discussion on Item 6-C. Are dent stated he would beinterestedinhearingdiscussioconcerningItem6-B. MOTION by Cmmissioner P;ifka, seconded by Commissioner Stulberg to approve thene 22, 1989 Minutes as submitted. VOTE. 7 Ayes. MOTO carried. PUBLIC Chairman Pa a introduced the request. No representatives were prese t to speak on this item. The consensus of the Commission was to defer this report until the end of the Public Hearings, following Item 5-I. MOTION TO APPROVE VOTE - MOTION CARRIED UNITED PROPERTIES/ LAUKKA DEVELOPMENT SIGNAGE PLAN FOR PARKERS LAKE NORTH PUD (87006) Chairman Pauba introduced the request for extension of a PUMP & METER SERVICE canopy over the existing pump island and a variance to allow FOR LINN, INC. FOR encroachment into the front yard setback. Reading of the AMOCO STATION FOR July 6, 1988 staff report was waived. CONDITIONAL USE PERMIT AMENDMENT AND Chairman Pauba introduced Mr. Mike Eicher, Pump & Meter who SITE PLAN (88030) stated he is confused about the development of thoroughfares in the City and that they were not aware, nor had they been told about the actual plans for the construction and improvement to thoroughfares in this area. Mr. Eicher noted that the "Holiday" gas station has a permit for virtually the same thing Amoco is requesting. Mr. Eicher stated the owner is concerned because of the contract with Amoco, and he questions if in fact the tank replacement would not be more important than the canopy? 157- Page 155 Planning Commission Hiflutes July 13, 1955 Thev want to know what impact there will be to this site from the present and future thoroughfare plans, Coordinator Dillerud stated that the tanks can be replaced under the current permit; however, the amendment and the variance concerns the extension of the canopy. Mr. Eicher confirmed that the canopy issue has brought about the staff concern and recommendation for denial, and he re- iterated the concern that they were unaware of the severity of the impact to this property by the City's plans for road construction. Public Works Director Fred Moore responded that the thoroughfare planning is a major issue that has a bearing on the requested variance. Highway 55 is a major arterial, South Shore Drive and 10th Avenue Horth are major collec- tors; access to State Highway 55 will be limited by changes to the intersection. Since 1972, the Thoroughfare Plan has shown projected road improvements and construction. He noted that proposed development plans by Ryan Construction and the developer of the golf course property, in that same area, has resulted in traffic studies that reflect needed improvements to the street system network. For example, improvements to the intersection of South Shore Drive and State Highway 55 would be needed by 1995, based on approved development. Work on these development plans is underway at this time. The intersection is not in the 5 -Year Capital Improvement Program (CIP), but as development goes on, this will be reviewed. Mr. Moore explained that there are no firm design plans. There are two items affecting the existing drive from this facility that are definite; South Shore Drive will be closed with no access to Highway 55 and the frontage road will need to be closed at South Shore Drive with access from the east, back to the north. The requested variance would put the canopy to the frontage road where it would conflict with changes to the thoroughfare configuration in this area. Mr. Richard Linn, Applicant, inquired what would be left to the site for access, they need answers to protect their business. He stated that he had reviewed Plan A-2 for the frontage road between the trailer court and the station, and was told earlier this spring that this was the plan of choice. He is concerned that they have been left in the dark over this. Commissioner Zylla stated he does not disagree with the future roadway modifications that impact this property, but it seems that the staff report is too strong in its recommendation which is based upon an uncertain future date. He suggested that if the Commission consideration is for denial, that the first two bases listed in the staff report draft recommendation be deleted, as it is not fair to base their recommendation on sometY,ing that may be far into the future. e Pagf 159 Planning Commission liinutes July 13, 198 Chairman Pauha opened the Public Hearing, as there was no one present to speak ot, this item, the Public Hearinq Has closed. Commissioner Marofsky stated he concurs with Commissioner Zylla and that the Commission recommendation must be based upon current use. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO DENY Marofsky to recommend denial of the Conditional Use Permit Amendment and Variance for Pump d Meter Service, Inc., deleting items 1 and 2 from the staff recommendation. Commissioner Wire asked about road alignment and plans for the frontage 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 road would become a grass median and there will be the need to redesign the access to the service station. Commissioner Stulberg and Commissioner Marofsky inquired if the action to deny would take away or in any way affect the existing permit. Coordinator Dillerud stated it would riot. Commissioner Zylla confirmed that the recommendation is to not grant the variance, but would not negate the existing Conditional Use Permit. Roll Call Vote. Commissioners Wire and Stulberg, Nay. 5 VOTE - MOTION CARRIED Ayes. MOTION carried. Nb LCman Pauba introduced the item. Coordinator Dillerud CARLSON PROPERTIES provide overview of the July 5, 1988 staff report and PRELIMINARY AND FINAL commented tha solution No. 80-648 called for the filing PLAT, SITE PLAN of covenants reqar ' the parking at this site. City AMENDMENT AND records do not reflect these covenants were filed on CONDITIONAL USE the property. He suggested tha _condition be added to the PERMIT (88056) recommendation by the Commission th irects confirmation on the restrictive covenants. Commissioner Marofsky inquired about the original p show- ing a portion as part of Highway 55 and inquired if s road right-of-way had been dedicated. Coordinator Dilleru noted that the right-of-way was in place at that time and no dedication would have been made to the State of Minnesota. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH, MINNESOTA 55447 — TELEPHONE (612) 559-2800 MEMO DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: k41lerudCommunityDevelopmentCoordinatorCharles through Community SUBJECT Development Director Blair Tremere UNITED PROPERTIES/LAUKKA DEVELOPMENT. PLANNED UNIT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT AND VARIANCES FOR SIGNAGE PLAN FOR PARKERS LAKE NORTH (87006) (MPUD 83-1) ACTION REQUESTED: Adopt the Resolution approving the Master Sign Plan for Parkers Lake North Planned Unit Development northeast of County Road 6 and Vicksburg Lane North. BACKGROUND: The Planning Commission reviewed the request at the Public Hearing on July 13, 1988 and recommended approval by a 6 - 1 vote. ISSUES AND ANALYSIS: The Planning Commission recommendation specifically addressed the following issues raised during the Public Hearing: 1. Primary Project Sign (Sign Type A) No sign of this type is now proposed or recommended for approval. 2. Signs in the Median The Planning Commission recommends the median location for subdivision entry signs, as proposed, be approved. This warrants careful attention by the City Council since there are two considerations that go beyond the Planning Commission scope of consideration. Both the City Attorney and the Director of Public Works have reviewed this and concur with these observations. First, the petitioner's request is literally one for a variance from the Zoning Ordinance Sign regulation which states: Signs shall not be permitted within the public right-of-way, or within dedicated public easements except that the City Council may, upon recom- mendation from the Planning Commission, grant a Conditional Use Permit to allow temporary signs and decorations to be strung across and within rights-of-way easements for a term not to exceed 90 days (emphasis added). Page two Memorandum to City Manager, City Council Meeting August 1, 1988 United Properties/Laukka Development July 26, 1988 The PUD Ordinance does not provide special flexibility for signs and refer- ences the established regulation elsewhere in the Ordinance. The ability of the Council to allow a permanent sign, as requested, in -lieu of a temporary sign which is specified, is questionable. It may be better to consider an ordinance amendment if the Council is inclined to allow a private monument sign to be located permanently in a street right-of-way. Second, the Public Works Director does not support the request in that the permanent monument sign represents a problem for the City with respect to maintenance and snow storage and removal in the median and in the area. Staff practice has been to not allow permanent signs in the public right-of- way. The Council view goes beyond one of the zoning issues, but also includes those of land ownership and responsibility for improvements thereon. We concur that, if the Council finds that the permanent monument sign should be authorized in the public right-of-way (whether by variance or Ordinance amendment), specific language should be included in the approval, relative to risk management, liability, and maintenance over the long-term. The responsi- bility for the sign in all respects should be with the property owners/ association and not with the City of Plymouth. The language for such a condition would be comparable to that found in proposed Condition No. 3., and would perhaps contain enhancements that related to the fact the sign was actually in the public right-of-way. 3. Industrial Sign The Planning Commission recommends only two signs identifying the industrial section of the project be permitted -- one at each public street intersection. 4. Commercial Signage The Planning Commission recommends no signage be approved for the neighborhood commercial site (Towne Centre) due to the incomplete plans submitted regarding that signage. That can be handled with the final plan for the center. Components of this sign plan that exceed standards of the signage Section of the Zoning Ordinance are as follows: a. To fit the Ordinance, the six signs proposed and recommended as Project Identification Signs, must be combined with the 24 "Subdivision Entrance" signs for a total of 30 "Area Identification Signs" (Zoning Ordinance terminology) for 11 residential areas. The Zoning Ordinance would permit 22 of the signs. b. Combining to fit the Ordinance as in number 1 above, the aggregate area of the 30 proposed and recommended Area Identification Signs, is 738 square feet (total sign face, not just letters). The Zoning Ordinance standard would be 352 square feet aggregate over the 11 residential "Areas" (32 sq. ft. each). V Page three Memorandum to City Manager, City Council Meeting August 1, 1988 United Properties/Laukka Development July 26, 1988 c. The two proposed and recommended signs of an area identification design for the industrial area are not allowed by the Zoning Ordinance by that description, and therefore, constitute a variance. RECOMMENDATION: The attached Resolution is for approval consistent with the Planning Commission recom- mendation. The Council may insert language as noted above, regarding median signs, if the decision is to allow the requested siqnage by variance. AttAnhmPntS 1. Approving Resolution 2. July 13, 1988 Planning Commission 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: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND FINAL PLAT AND CONDITIONAL USE PERMIT FOR PARKERS LAKE NORTH FOR A MASTER SIGN PLAN AND VARIANCES FOR UNITED PROPERTIES, INC. AND LAUKKA DEVELOPMENT COMPANY (87006) (MPUD 83-1) WHEREAS, United Properties and Laukka Development Company have requested an Amendment to the Planned Unit Development Preliminary Plan/Plat and Final Plan and Conditional Use Permit for Parkers Lake North for a Master Sign Plan for the Parkers Lake North MPUD; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; 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 United Properties, Inc. and Laukka Development Company for an amendment to the Planned Unit Development Prelim- inary Plan/Plat and Final Plan and Conditional Use Permit for Parkers Lake North MPUD, for a Master Sign Plan and variances, to be constructed according to the plans that are staff dated and stamped as approved, subject to the following conditions: 1. Sign Permits shall be applied for and issued responsive to this approved Sign Plan only; and, that Sign A - Project Monument, is not part of the approved plan. 2. Signage as approved herein will be permitted only upon written application and approval by the underlying property owner, together easements and with specific legal commitments for the continued maintenance of that sign, as approved by the City prior to filing. 3. The applicant shall provide Association documents for Parkers Lake North to pro- vide for ownership and maintenance of the signs by the applicable owners Associa- tion; the documents shall be approved by the City Attorney and filed with the County prior to issuance of permits. 4. All sign setbacks shall be consistent with the Zoning Ordinance specifications and regulations. 5. No approval is granted for size, location, or design for the signage labeled "Com- mercial Signage", depicted for a location within Outlot K, of the Parkers Lake North MPUD. PLEASE SEE PAGE TWO Page two Resolution PJo. 88- 6. Prior to issuance of sign permits, the petitioner shall submit an amended plan for relocation of the signs labeled "Subdivision Entrance". as 7. Approval is hereby granted for the erection of only two signs Ovide a se bclabeled k Industrial Signage". These signs shall be so located as to p from the property line consistent with the Zoning Ordinance. 8. approval is granted or implied, other than basic design, of signs labeled tertiary." Sign size, location, and amount shall be addressed with site specific final plans. 9. Variances to the Zoning Ordinance standards for signage are approved as follows: A. To allow 30 "Area Identification" signs, depicted on this plan, six Primary Entrance", and 24 "Subdivision Monument" signs, where the Zoning Ordinance allows 22 total Area PlannedfUnit1on signs Developmentfor the 11 designated residential areas of the Mixed F3. To allow an aggregate 738 sq. ft. sign area (35 sq. ft. for each "Primary mary Entrance" sign and 22 sq. ft. for each "Subdivision Monument" sign), the Zoning Ordinance permits 352 sq. ft. aggregate Area Identification signage over the 11 identified residential areas of the Mixed Planned Unit Development. C. To allow two Area Identification signs aggregating 116 sq. ft. of sign surface area for the Industrial use area of the Mixed Planned Unit Development. by The motion for adoption of the foregoi a d upon vote beintion was g ltaken othereon, the following voted in favor thereof: The following Whereupon the voted against or abstained: Resolution was declared duly passed and adopted. Page 174 Planning Commission Minutes July 13, 1988 Roll Call Vote on Amendment. 4 Ayes. Commissioner VOTE - AME-NDMENT 1. Stulberq, Tierney, and Marofsky, Nay. MOTION carried. MOTION CARRIED MOTION by Commissioner Plufka, seconded by Chairman Pauba to MOTION TO AMEND Amend the Main Motion by adding the following to Condition No. 5.: No approval is hereby granted for size, location, or design for the signage labeled " Commercial Signage", depicted for a location within Outlot K, of Parkers Lake North MPUD. Commissioner Marofsky stated he has a problem with no pro- posal for the commercial signage and could not vote for this Master Plan without reviewing a detailed commercial signage plan. Roll Call Vote on Amendment. 6 Ayes. Commissioner VOTE - AMENDMENT Z. Marofsky, Nay. MOTION CARRIED MOTION by Commissioner Plufka, seconded by Commissioner NOTION TO AMEND Zylla to Amend the Main Motion by changing "new" Condition No. 8 to read: No approval is granted or implied, other than basic design, of signs labeled "tertiary." Sign size, location, and amount shall be addressed with site specific final plans. Roll Call Vote on Amendment. 7 Ayes. MOTION carried. VOTE - AMENDMENT 3. Roll Call Vote on Main Motion as three times Amended. 6 Ayes. Commissioner Marofsky, Nay. MOTION carried. NEW BUSINESS Chairman Pauba introduced the request. Reading of the duly 8, 1988 s ff report was waived. Chairman Pauba requested that Coordinmtpr Dillerud provide an overview of the duly 13, 1988 Memorandum distributed to the Commission. Coordinator Dillerud explained the omission concerning the service station signage. Chairman Pauba inquired about the fact there are no comemnts regarding the parking variance. Coordinator Dillerud stated that this' -was not overlooked, it was not reviewed for this report. Chairman Pauba introduced Mr. Dale Simonson, `rteresenting the petitioner. Mr. Simonson showed slides of the to and explained the proposal. Chairman Marofsky listed size and type of signage for the shopping center and the service station, and inquired if the petitioner is aware they could be waiving signage to which they are entitled by action on this request. Coordinator Dillerud explained that the service station has a separate sign plan. VOTE - MAIN NOTION AS THREE TIMES AMENDED DAVID C. JOHNSON SITE PLAN AMENDMENT AND VARIANCE FOR MASTER SIGN PLAIN OAKWOOD SQUARE" 86138) Paa(- 171 Planning Commission 11inutes duly 13, 198 Roll Call Vote. 6 Aves. Chairman Pauh,i, Nay. VOTL - MOTION CARRIF_ Chairman Pauba stated he is uncomfortahle with this a^tion within a Planned Unit Development, as the PUf) criteria needs special consideration. Chairman Pauba introduced the request, readinq of the duly WILLIAM MUNSINGER 7, 1988 staff report was waived. CONDITIONAL USE Z/h PERMIT (88078) Chairman Pauba introduced Mr. William Munsinger, ;o explained that he operates a gymnastic school in New Hope that has a Conditional Use Permit. His students are `from 2 years to adults and they now want to open a satellite to serve additional students. They require certain ceiling clearance and have certain area for equipment so that they are limited as to a buildinq they can use. They have many students from the Plymouth area. They have been in business for 15 years in an industrial area in NoA Hope. As their activities take place durinq off -hours they do not conflict with the parking and/or traffic in the area durinq business hours. They also operate on Saturday morning. They plan to occupy approximately 4,000 sq. ft. in Plymouth; New Hope would remain their main facility. Chairman Pauba opened the Public Hearinq. Mr. Andy Schaefer, 330 2nd Ave. So., has been workinq with Mr. Munsinger to find space available in this area for the gymnastic school. He noted other qym-type operations in Plymouth and surrounding. communities. MOTION by Commissioner Plufka, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval for the Conditional Ilse Permit for William Munsinger „`subject to the conditions listed in the July 7, 1988 st f report and adding that the hours of operation be froc8:00 A.M. to 10:00 P.M. Commissioner /lufka stated that the Ordinance would not recognize the unique needs of such a business and this site is next to a retail area. Roll Call Vote. 6 Ayes. Commissioner Marofsky, Nay. VOTE - MOTION CARRIED Commissioner Marofsky stated that the proposal does not meet the strict Ordinance requirements to operate in the Industrial District of the City. Chairman Pauba introduced the request and reading of the LUNDGREN BROTHERS July 6, 1988 staff report was waived. CONSTRUCTION CO. CONDITIONAL USE Chairman Pauba introduced Mr. Michael Pflaum, Lundgren PERMIT AMENDMENT Brothers Construction Co., who explained the setbacks as FOR VICKSBURG WEST proposed are needed so that the monument signs are visible MONUMENT SIGNS when approachinq the Fox Run and Steeplechase developments. (88080) Page 172 Planning Commission Minutes July 13, 1988 Chairman Pauba opened the Public Hearing, as there was no one present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Plufka to recommend approval of the Conditional Use Permit Amendment for Vicksburg West Planned Unit Development for Lundgren Brothers Construction Company, subject to the conditions as listed in the July 6, 1989 staff report. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Ch rman Pauba re -introduced the first item on the agenda. UNITED PROPERTIES LAUKKA DEVELOPMENT Reade of the Duly 89 1988 staff report was waived. AL USE Chairman Pau introduced Mr. Tom Bisanz, United Properties, who introduce r. Gene Ernst, landscape architect, to explain the propal. Mr Ernst showed exhibits and explained that the pra'ect size, and therefore the scale of signage, is an important`ssue. Commissioner Plufka confirmed' --,the proposal for six signs, one on each side. 1r.. Ernst explained they are deleting the project monument as initially prbpiosed. He showed the location of the signage and explained 'the signs proposed for the medians. They believe that with the excess right-of-way required by the City, it is only fair that they use a portion of this for signage. They propose,, landscaping including trees, shrubs, and flowers and their ,plan will show the vehicle sight distances to indicate there will be no sight obstruction. He asked that the record show their request is for 96 sq. ft. signage for "Sign E - Commercial Signage" and 96 sq. ft. signage for "Sign D - Industrial Signage. It was confirmed there would be two Subdivision Signs for Mallard Pointe. Commissioner Plufka inquired whether the commercial signage would be the same configuration as the industrial sign (Sign E). Mr. Ernst stated he could not answer those questions at this time. Commissioner Plufka stated he would like some indication of the extent and design for the commercial signage, or that it be removed from the plans. Mr. Ernst explained it was the intent to exclude commercial signage for discussion at this time, and to provide details with final development plans. Commissioner Zylla inquired if the petitioner was in agreement with the conditions of approval other than the issue with Condition No. 6, that no signage should be located in the street right-of-way or median areas. CONDITION PERMIT AMENDMENT AND VARIANCE FOR SIGNAGE FOR PARKERS LAKE NORTH (87006) 4 A CITY OF PLYMOUTH 2 - F 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: duly 26, 1988 for City Council Meeting August 1, 1988 TO: dames G. Willis, Cit Manager FROM: Charles E. Di , Community Development Coordinator through Blair SUBJECT Tremere, Commun' y Development Director CITY OF PLYMOUTH. LOT DIVISION AND VARIANCE FOR THE CONSTRUCTION OF A CITY WATER TOWER ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF STATE HIGHWAY 55 AND HIGHWAY 101 NORTH (88063) ACTION REQUESTED: Approve the Resolutions for Lot Division and Variance and, the conditions to be met prior to filing the Lot Division with Hennepin County. BACKGROUND: The Planning Commission considered the application at the meeting on duly 13, 1988, and recommended approval by unanimous vote. RECOMMENDATION: The attached Resolutions for approval and setting conditions, are recommended consistent with the Planning Commission recommendation. Af- *moi. 1, neon*o 1. Approving Resolution 2. Resolution Setting Conditions 3. duly 13, 1988 Planning Commission Minutes Pursuant to due call and notice City of Plymouth, Minnesota, was following members were present:_ CITY OF PLYMOUTH thereof, a meeting of the City Council of the held on the day of , 19 The The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING LOT DIVISION FOR THE CITY OF PLYMOUTH (88063) WHEREAS, The City of Plymouth has requested approval of a Lot Division and Variance for property located at the southeast corner of State Highway 55 and Highway 101 North 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: EXISTING LEGAL DESCRIPTION That part of the South 1/4 of the Southeast 1/4 of the Northeast 1/4 and of that part of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 in Section 18, Township 118 North, Range 22 West of the 5th Principal Meridian lying South- westerly of the Southwesterly line of State Highway No. 55, EXCEPT the South 337.5 feet of the West 193.6 feet of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section and further excepting the North 160 feet of the South 557.5 feet of the West 193.6 feet of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section according to the United States Government Survey thereof. To be divided as follows: PARCEL A: That part of the South 1/4 of the Southeat 1/4 of the Northeast 1/4 and that part of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 in Section 18, Township 118 North, Range 22 West of the 5th Principal Meridian lying Southwesterly of the Southwesterly line of State Highway No. 55, EXCEPT the South 397.5 feet of the West 723.6 fet of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section and further EXCEPTING the North 160 feet of the South 557.5 feet of the West 193.6 feet of the North 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section according to the United States Government Survey thereof. rZT30410IN "; The South 397.5 feet of the West 723.6 feet of the North half of the Northeast 1/4 of the Southeast 1/4 of Section 18, Township 118 North Range, 22 West of the 5th Principal Meridian, EXCEPT the South 337.5 feet of the West 193.6 feet of said North 1/2 of the Northeast 1/4 of the Southeast 1/4. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division is approved by Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. N I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION FOR THE CITY OF PLYMOUTH (88063) WHEREAS, the City Council has approved a Lot Division for the City of Plymouth for property located at the southeast corner of State Highway 55 and Highway 101 North, under Resolution No. ; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said Lot Division: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication prior to issuance of Building Permit in accordance with City Policy in effect at the time of Building Permit issuance. 3. A variance from the Ordinance standard (60 ft. vs. 300 ft.) for public street frontage on any lot within the FRD (future restricted development) District is granted based on the following: A. The variance is not detrimental to the public welfare nor injurious to other property owners in the territory in which the property is located. B. The variance results from a special circumstance and utilization of the property is for the public good. 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. Paqe 176 Planning Commission Minutes July 13, 198; noted that the Ordinance, by nature, is inflexible. He agreed that the original submission needed to be cut hack, however, they request the use of the square footage allowed for a normal parapet wall. Further discussion ensued. SUBSTITUTE MOTION by Commissioner Marofskv; seconded by Com- missioner Plufka to approve the Servicqo'Station Signage for a single Pylon Sign with price sign;, nd, two signs, not to exceed 96 sq. ft. Roll Call Vote. 4 Ayes. Commi,ggsioners Wire, Stulberg, and Zylla, Nay. MOTION carried. SUBSTITUTE MOTION by Commissioner Plufka, seconded by Com- missioner Zylla to amen/the Main Motion to allow a 346 sq. ft. total for signageand, to allow one pylon sign with no individual tenant ss for the Oakwood Shopping Center. Roll Call Vote. ' F 2 Ayes. Commissioners Wire, Stulberg, Tierney, Marofsky, and Chairman Pauba, Nay. MOTION failed. Roll Call Vote on Main Motion. 7 .Ayes. MOTION carried. SUBSTITUTE MOTION TO APPROVE SERVICE STATION SIGNAGE VOTE - MOTION CARRIEV SUBSTITUTE MOTION TO OAKWOOD SQUARE SHOP- PING CENTER SIGNAGE VOTE - MOTION FAILED VOTE - MOTION TO DENT" SHOPPING CENTER SIGN PLAN MOTION CARRIED Chairman Pauba introduced the request by the City of CITY OF PLYMOUTH Plymouth for a Lot Division and Variance to construct a LOT DIVISION AND City water tower. Reading of the June 28, 1988 staff report VARIANCE (88063) was waived. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Tierney to recommend approval of the Lot Division and Variance from the Ordinance standard for street frontage for the City of Plymouth to allow the construction of a water tower, subject to the conditions as listed and based on compliance with the variance critera as stated in the June 28, 1988 staff report. Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Ch' man Pauba introduced the request and reading of the CITY OF PLYMOUTH July 1988 staff report was waived. LOT DIVISION/ CONSOLIDATION AND Commissioner a inquired why this would not be consoli- VARIANCE (88075) dated as individu building sites, and why the City was just transferring the d to property owners. He stated concern that this property, hould have been appraised and sold. Coordinator Dillerud explained that `gi ce this property was donated to the City, and 6th Avenue Rt is a collector street, the City does not want lots with irect access to 6th Avenue North. This action puts the property back on the tax rolls without creating an access problem on a thorough- fare street. N k t CITY OF PLYMOUTH( _ 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 26, 1988 for City Council Meeting August 1, 1983 TO: City Manager James Willis FROM: Community Development Coordinator Charleslerud through Community SUBJECT Development Director Blair Tremere at , *. UNITED PROPERTIES. MIXED PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR "TOWN CENTRE" NEIGHBORHOOD SHOPPING AREA 88065) (MPUD 83-1) ACTION REQUESTED: Adopt the Resolution approving the MPUD Preliminary Plan/Plat and Conditional Use Permit for "Town Centre", a neighborhood commercial site at the southeast corner of Vicksburg Lane and 22nd Avenue North. The The Planning Commission reviewed the application at the Public Hearing on July 13, 1988, and recommended approval by unanimous vote. BACKGROUND: In 1983, and again in 1987, the City Council approved concept level plans for Parkers Lake North MPUD that have included a retail center at the location proposed by this latest plan. The 1987 concept included a single structure of 24,000 sq. ft. The current preliminary PUD Plan level proposal is for a two structure arrangement totalling approximately 26,000 sq. ft. The Planned Unit Development Ordinance in Section 9 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 integrity of the neighborhood concept." This is the first such center proposed in an RPUD in the City and the magnitude of the center and mix of uses can be expected to define the terms of the Ordinance provision. ISSUES AND ANALYSIS: The staff report prepared for this proposal addressed a number of design related issues, all of which were discussed in substantial detail at the Planning Commission hearing on the matter. The Minutes of the Planning Commission reflect those discus- sions. The resulting recommendation of the Planning Commission differs from that which had been recommended to the Commission by the staff, only in one respect: Access to the site from Vicksburg Lane ahould be considered based on alternatives proposed for Page two Memorandum to City Manager City Council Meeting August 1, 1988 United Properties/Town Centre July 26, 1988 limiting such access to service vehicles. The Planning Commission recommendation, then, includes the following on the issues that have received the most attention with regard to this proposal to date: 1. The "cattle pass" under Vicksburg Lane. The Planning Commission concurred in the staff recommendation that the trail access to the tunnel under Vicksburg Lane be modified to provide for a ramp rather than stairs. Notwithstanding that recommendation, the Planning Commis- sion also recommends that should the intersection of 22nd Avenue North and Vicksburg Lane be signalized, as recommended by the City Engineer, the use of the "cattle pass" as a trail crossing under Vicksburg Lane be abandoned. A letter from the Chelsea Woods Association was received subsequent to the Commission meeting; it states the Association Board's opposition to the use of the tunnel and recommends installation of a traffic semaphore. A copy of the letter is attached. The City Engineer recommends the traffic signal at this location, notwith- standing the status of the "cattle pass" tunnel. The traffic signal is needed based upon the traffic generation by the proposed center. Original concept plans did not deal with the need for traffic signals at this intersection because the traffic analyses did not have the benefit of the details concern- ing the proposed uses. It is clear from the traffic data available now, based on the proposed center and its mix of use types, that signals are needed. The City Council should, at this stage, also determine whether the developer is responsible for the full cost of installing the signals which are needed because of the commercial center. 2. Allowable Uses. The Commission, by its recommendation, suggests concurrence with the uses that have been proposed by the petitioner. Council should note that the discussion by the Planning Commission on this subject, and particularly the efforts to be more specific about the particular uses. The two Motions that were made regarding this failed for lack of a second. This is an important consideration that should be dealt with now in that there is not commercial guiding or zoning at this location. The com- mercial center is allowed by virtue of the language cited above. We will proceed on the basis that the specific uses allowed in this center are those indicated on the approved plan. No other uses will be allowed except by virtue of a PUD Plan Amendment. The intent of the Ordinance, in our view, is not to allow an open-ended commercial center which could feature uses and activities that normally require Conditional Use Permits or which would not be consistent with the purpose of the neighborhood center as defined in the PUD Section. W Page three Memorandum to City Manager City Council Meeting August 1, 1988 United Properties/Town Centre July 26, 1988 3. Vicksburg Lane Access. As noted above, the Planning Commission recommends consideration be given to access to Vicksburg Lane for service vehicles only, based on alternatives for limiting access to be proposed by the petitioner. The City Council should deal specifically with this item. The City Engineer recommends that there be no private drive access from or onto Vicksburg Lane. This is consistent with Council practice for major thoroughfares such as Vicksburg Lane, Niagara Lane, and Fernbrook Lane. The Council should determine whether such access is to be allowed. If the finding is affirmative, then language such as the following should be added to the Resolution, and the Planning Commission can then evaluate the means by which the petitioner would control service vehicles. If the finding is nega- tive, then the Engineer's Memorandum requirement would stand. The following condition would effectively negate that specific requirement of the Engineer's Memorandum: Private drive access onto Vicksburg Lane shall be further evaluated in conjunction with the review of the final plan including detailed informa- tion from the petitioner regarding alternative ways to regulate the access use by service vehicles only. This supersedes Item No. 24-D of the July 7, 1988 Engineer's Memorandum. RECOMMENDATION: The attached Resolution for approval of the PUD Preliminary Plan/Plat reflects the recommendation of the Planning Commission and of staff, relative to the allowable uses. Attachments 1. Approving Resolution 2. July 13, 1988 Planning Commission Minutes 3. July 20, 1988 Correspondence CITY OF PLYMOUTH Pursuant to due call and notice thereof, a Council of the City of Plymouth, Minnesota, 19 The following members were present: The following members were absent: moved its adoption: meeting of the City was held on the_ day of , introduced the following Resolution and RESOLUTION NO. 88 - APPROVING MIXED USE PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT FOR UNITED PROPERTIES FOR TOWNE CENTRE AT PARKERS LAKE (88065) WHEREAS, United Properties has requested approval for a Mixed Planned Unit Development, Concept Plan, Preliminary Plan/Plat for Towne Centre at Parkers Lake for a 26,000 square foot neighborhood convenience store (two structures) on 4.27 acres located at the southeast corner of Vicksburg Lane and 22nd Avenue North; and, WHEREAS, the Zoning Ordinance in Section 9, Subdivision B., 2., a., (3), provides for the integration of small retail convenience centers within an RPUD provided such uses are designed and intended primarily for use of the residents in the development and are not in conflict with the intent of the Comprehensive Municipal Plan as to maintaining the integrity of the neighborhood concept; 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 Mixed Planned Unit Development Preliminary Plan/Plat for United Properties For Town Centre at Parkers Lake located at the southeast corner of Vicksburg Lane and 22nd 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. Provisions for trail easements per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed pans as to construction of the trail per City standards. RESOLUTION NO. 88 - Page 2 5. 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 with Hennepin County. 6. Street names shall comply with the City Street Naming System. 7. 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. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. No approval is given or emphasized for site details such as setbacks, parking, landscaping, and circulation; these will be addressed with the final plat and plan. 10. Compliance with City Council Resolution 87-176 approving the overall Parkers Lake North MPUD. 11. The uses listed by the petitioner in the proposal booklet and plans, staff dated July, 1988 constitute the approved uses. The mix of uses shall be subject to compliance with applicable codes and ordinances, including sign and parking standards. No other uses are approved at this time and additional or alternative uses shall be subject to the ordinance PUD requirements for plan amendments. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained Whereupon the Resolution was declared duly passed and adopted. Page 161 Planning Commission Minutes July 13, 1985 Final Plat for Minneapolis Industrial Park 3rd Addition to ascertain this proposal does not include dedicated r ght-of- way. Roll Call Vote. 6 Ayes. Commissioner Plufka;fJay. Commissioner Plufka stated he does not spe the necessity to remove any trees. The residential neighbors near this industrial property have put up with:tke development of the industrial buildings and deserve to,:;have the natural buffer and screening they have today. MOTION by Commissioner Marofsky, seconded by Commissioner Plufka to recommend the Site.Plan and Conditional Use Permit be tabled for further reyieA folloHina 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 riot provide for maximum parking as required by Ordinance," and to report their fndings to the Commission. Commissioner Stliilberg noted that the petitioner may question whether the mmission would grant a favorable recommenda- tion for th' Site Plan if in fact the petitioner has com- plied wit the condition in Resolution No. 80-648. He called f 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 site. Chairman Pauba introduced the request. An overview of the June 28, 1988 staff report was provided by Coordinator Dillerud. Commissioner Marofsky inquired about the category into which this particular proposed shopping area would fit, in light of the staff concerns and the number of conditions involving design. Coordinator Dillerud explained that in developing the staff report, he looked to the specific language of the PUD Ordinance and tried to address the uses as proposed. Commissioner Wire inquired about the traffic study and the concerns addressed in that study. VOTE - MOTION CARRIED MOTION TO TABLE UNITED PROPERTIES PUD PRELIMINARY PLAN/ PLAT AND CONDITIONAL USE PERMIT FOR TOWNE CENTER" 88065) Paqe 162_ Planninq Commission Minutes 3uly 13, 1988 Public Works Director Fred Moore explained that no traffic study had been done in 1984 with the review of the original proposal for the retail center. The traffic analysis at that time equated to a 12 - 14,000 sq. ft. shopping area and that some assumptions were made as to uses. The latest traffic analysis is based on the increased square footage of this latest proposal, and on other changes in this area that would see an increase in traffic from projections made in 1984. Chairman Pauha introduced Mr. Tom Bisanz, United Properties. Mr. Bisanz introduced his development team, Ron Erickson, KKE Architects; Dale Glowa, United's Corporate Center; and Gene Ernst, Landscape Architect. Mr. Ron Erickson, KKE Architects, offered clarification on the uses proposed and the traffic generation. He noted that this development is similar and consistent with the zoning on this property from 1983 through 1987. He noted the list of proposed uses are those also listed in the City's background information on this portion of the Planned Unit Development. Mr. Erickson stated that there is obviously something wrong with the traffic report. The plans as proposed are more refined, and sensitive to the neighborhood and surrounding areas. The purpose of the preliminary plat approval is to allow the developer to explain the development plan, and they have chosen to go beyond what is usually submitted at this stage to provide the Commission with more detail so that direction from the Commission could assist them in providing the best development plan for final consideration. Mr. Erickson showed the 1983 plan, pointing out the size, and, showed the site plan as approved in 1987. He noted that there were no dramatic changes between these proposals. He noted that the plan now proposed is a design with the neighborhood in mind; access is to 22nd Avenue North (which is very close to the original plan); two buildings are planned at 209000 sq. ft. and 5,400 sq. ft.; the design shows buffering from the parking; the circulation to the site is easy and safe; and, the parking areas are away from the residential neighborhoods to the east. The access is planned for the rear of the buildings and they believe this is a workable solution. The building is setback with a buffer, and the service entrance would be to Vicksburg Lane. In reference to staff concern, they would consider an alternate. Mr. Erickson explained the building design and site layout. In reference to the "cattle crossing" under Vicksburg Lane, to be used for a pedestrian crossing, the petitioner is not in favor of this crossing, but has included it in the Page 163 Planning Commission Minutes duly 13, 1985 plans. They are concerned about safety and the size of the tunnel. He showed slides of the 5 ft. wide, 7 ft. high tunnel, noting there would be no access for the handicapped, because of the steep grade change to the tunnel. They propose to reduce the grade and a bike trail would terminate above the tunnel. Because of the narrow width, no biking would be allowed. Their plan would make the bikers dismount and walk their bicycles through this area. Mr. Erickson reiterated they would like the tunnel eliminated and that landscapinq and berming would be the better choice for that area of the site. He noted that there may be semaphores installed at this intersection. Mr. Erickson stated this proposal is an improvement over the original plan. The architecture is compatible with the neighborhood, using peaked roofs, dormers, brick, natural wood, and stucco. The marketplace will determine tenants, but the neighborhood aspect of the area will draw the uses and types of tenants that would most naturally be found in a shopping area like this. There are no specific tenants slated, so that issue is too early in the development plans for any commitment. Chairman Pauba opened the Public Hearing. Mike Pflaum, Lundgren Brothers Construction Co., stated he has been involved in the residential development of this area for a number of years and believes that this plan is an attribute to the Planned Unit Development. He explained the residential development completed and underway by Lundgren Brothers. He stated he also represents the Steeplechase East Homeowner's Association and speaks for present and future homeowners regarding their concern about the use of the "cattle crossing" for a pedestrian underpass. The concept is good, but the tunnel should be twice the width and should have adequate lighting. If this is not accomplished, "it is a tragedy waiting to happen." He agreed with Mr. Erickson that a semaphore will be needed at this intersection, that the tunnel should not be used, but replaced by a more appropriate pedestrian -way. Mr. Pflaum said he had met with the petitioner regarding transition to the residential neighborhoods. The pond and entrance as planned will be a beautiful amenity to the development. There should be more significant berming and more trees between the commercial and residential areas, specifically to obscure and diminish nighttime lighting and decrease the noise levels of the commercial area from the residences. Paqe 164 Planning Commission Minutes July 13, 1988 Roger Beyer, 15925 26th Avenue Horth, stated his home abuts Fox Run," and when the plans were made for this Planned Unit Development in 1982, the City stated there would be a small" convenience center, not a 26,000 sq. ft. shopping mall. There is more than adequate shopping for this area that has been developed or will develop in the near future such as at Highways 101 and 6, and the "Downtown Plymouth" area. He believes this proposal is "overkill." He had concern with the traffic on Vicksburg Lane, the 50 mph speed limit is dangerous and should be lowered. He reiterated that as proposed, the commercial area is "too big." Barry Winston, 16005 26th Avenue North, stated he has been attendinq Commission and Council meetings since the early 1980's and agreed with t1r. . Beyer that the City had always told him this would be a "small" convenience. center. He stated the matter had been discussed as to the need for this shopping area and the City stated it was needed for the walking traffic"; he does not see the need for a gas station in that case. Chairman Pauba closed the Public Hearing. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Zylla to recommend approval for the MPUO Preliminary Plan/ Plat, subject to the ten conditions listed in the June 28, 1988 staff report. Commissioner Plufka asked that, not withstanding Condition No. 4, the record show a recommendation to the City Council that the plans for the "cattle crossing" be abandoned. Commissioner Plufka further stated that this plan is sub- stantially the same as those seen originally and is no more than what was contemplated with the development of this area. The plan shows no provision for any large scale tenant such as with a typical regional/area foodstore. His concerns would be for a resolution to the matter of the cattle crossing", and no access to Vicksburg Lane or at least approval for an exit only. Commissioner Marofsky concurred, stating that the scope of this proposal is essentially the same as seen with previous plans. He sees some problem with building design, and that the site design should not attract traffic from Vicksburg Lane, but should emphasize the access from 22nd Avenue North. Commissioner Plufka said he believes it is better to have the commercial face to Vicksburg Lane. Page 165 Planning Commission Minutes duly 13, 1985 Commissioner Marofsky stated that even thouah it would be addressed later, there should be some limitation regarding signage, and specifically "no siqnaqe on Vicksburg Lane." He had concern with the uses as proposed and questions a convenience store at 23,000 sq. ft. He suggested approved uses be based on size and inquired if there would be some greater use that would require a Conditional Use Permit? He noted that the listed tenant -types include a real estate office, liquor store, hardware store, electrical appliances, computers and office supplies; he suggested these are not neighborhood uses and this should be addressed up front. MOTION by Commissioner Marofsky, seconded by Commissioner Wire to Amend the Motion by addinq the followinq condition: There shall be no signage allowed on Vicksburg Lane. Mr. Tom Risanz inquired if the signage could be left for review with the final plans and, if at this time, they could address some other specifics with the Commission? Commissioner Plufka explained that they have the option to come back with a final plan including signaqe, and convince this body there should be signage on Vicksburg Lane. Mr. Tom Bisanz stated that he agrees with Mike Pflaum's com- merits regarding the "cattle crossing". He stated they have met with the Parks and Recreation Director concerning alter- natives to the tunnel, their preference would be for an above -grade pedestrian -way. Mr. Bisanz believes the proposed uses are compatible with a neighborhood shopping area; they have accommodated the resi- dents by the use of berming and landscapinq for screening and buffering. Their plan shows 3 - 4 ft. undulating berms. Mr. Bisanz stated that identification signage is needed and they would want the flexibility to come back with a defini- tive plan. They have not spent time on a signage plan and would provide details with final site plans. Commissioner Marofsky explained he is merely providing direction; however, the developer must understand there is no guarantee that signage on Vicksburg Lane will be approved. The signage should not be designed to attract vehicles from the high traffic area, to do so would make this commercial development much more than a "small" retail neighborhood center. Roll Call Vote on Amendment. 2 Ayes. Commissioners Stulberg, Zylla, Plufka, Tierney, and Chairman Pauba, Nay. MOTION failed. NOTION TO AMEND VOTE ON AMENDMENT NOTION FAILED n Paqe 166 Planninq Commission Hinutes July 13, 1955 MOTION by Commissioner Marofsky, seconded by Commissioner MOTION TO AMEN[) Wire to Amend the Motion to add the following condition: Provide substantial screening and berminq of the buildings from Vicksburg Lane. Commissioner Stulberg stated he concurs with Commissioner Marofsky, but it may be best to list these concerns and give direction to the petitioner without making them conditions of approval at this stage. Commissioner Wire stated there is no other way to handle this except by Motion. Mr. Tom Bisanz suggested they would take notes, and provide the options as discussed and directed; however, they would prefer these not be made conditions of approval. Commissioner Plufka agreed with Commissioner Wire that specific direction must be the consensus of the Commission; it would not be reasonable to assume that alterations to a proposal would be done based on the statements of one person, Roll Call Vote. 2 Ayes. Commissioners Stulherg, Zylla, VOTE - MOTION FAILED Plufka, Tierney and Chairman Pauba, Nay. MOTION failed. Motion by Commissioner Wire to amend the Main Motion adding a condition to limit business -types to only permitted uses and allowing no B-2 conditional uses. the Motion died for lack of second. Motion by Commissioner Marofsky to amend the Main Motion adding a condition that the Final Plan shall be based only upon the present proposed uses; uses other than those pro- posed would require a Conditional Use Permit. Motion dies for lack of second. MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO AMEND Plufka to amend the Main Motion by adding Condition No. 11. The Final Plan will be re-evaluated concerning access to Vicksburg Lane and will include possible alternatives for service vehicles. Commissioner Marofsky stated this may be contrary to what is outlined in the Engineer's Memorandum. Roll Call Vote. 6 Ayes. Commissioner Wire, Nay. VOTE - MOTION CARRIED Commissioner Wire stated that he disagreed with the idea for a service road off Vicksburg Lane. Mr. Ron Erickson stated that in today's market, all conven- ience stores dispense fuel and there would be no other type of convenience store. Roll Call Vote on Main Motion as once Amended. 7 Ayes. VOTE - MAIN MOTION MOTION carried. MOTION CARRIED Page 167 Planning Commission Minutes July 13, 1989 Commissioner Wire stated he is concerned about the parking on-site; the size of the building; wants assurance there would be no substandard parking; and, would propose that there be a specific lighting treatment for this site to reduce glare and prevent spill into the residential areas. Commissioner Stulberg stated his concerns are that there be more than adequate screening to Vicksburg Lane; that there be review of the signage plan; arid, that attention be given to the uses and hours of operation as this a critical issue. Chairman Pauba called a Recess at 9:55 P.M. Chairman Pauba called the meeting to order at 10:00 P.M. C 'r(nan Pauba introduced the request by Neter Konman Tor a Home cupation Conditional Use Permit. An overview of the June 28, ,988 staff report was provided by Coordinator Dillerud. Coordinator Dillerud noted that the request is in response to a Notice of Violation and upon visiting the site, Mr. Rohman's statement that ,the site is screened from County Road 6 is true, however, there is staff concern about sight visibility durinq the winter,•months, and if landscaping would die out there would be no`r.eplacement. Chairman Pauba introduced Mr. Peter-.Rohman, 18200 County Road 6. who stated that the petitions_ submitted by his neighbors may be overstated. He has operated his business for seven years, five of which he operated from his home in Orono, Minnesota and had no problems with City' --regulations. He stated his is a small operation with limited.,equipment that includes two mower tractors, two flat bed` -,pick-up trucks, trailers, and some hand mowers. He ha's.. two full-time employees who bring one vehicle which is parkedin his yard. This is a seasonal operation and he employs t*o more people in the summer months who are usually college students. His property consists of two acres and is heavily wooded which screens the equipment. He works normal business hours and no work is done on his property. There is no noise from the business and he does not intend to expand the business. He stated that the equipment is stored off-site in the winter with the exception of the pick-up trucks and snow- plows. He explained that the neighbors noted concern about the wood pile on the property. This is for personal use in the home, however, there have been occasion when he has sold it. If that is a problem, he won't bring in any more for resale. He stated the site is maintained and always neat. RECESS PETER ROHMAN PROLAWNS ASSOCIATES CONDITIONAL USE PERMIT (88071) CHELSEA WOODS ASSOCIATION July 2C, 198E Plymouth City Ccunci l t z l— o li 34QC Plymouth Blvd. Plymouth, NN" 55447 At the regular monthly mec tine of the Chelsea good_ Associa tion Pcars of L'irectorE, helc on July 1<<, 198E , ire Bcare. reviewcc thf: Unites Properties plan fcr the prop -,.ed T-cime Centre zit Farkerc Lake, file '-'88Cc5. Dur-inc this review, the existinc "cattle" tunnel was also ciscusscc in connection with the plat/plan. By Board motion, the Bcard unanimously supported the plan a: proposes. E.owever, the board was unanimous in its oppoEition to the tunnel use fcr any and all reasons. The Board recommends installing a traffic semaphore as an alternative means to accomodate safe and orderly cressine of Vicksburc Lane. Please consider this letter a formal recuest frcc. the Chelsea G;oocs Association. Thank you for your consideration. Sincerely, v G William Mamel, president Chelsea V ods Association 1505 YUMA LANE * PLYMOUTH, MINNESOTA 55447 • 475-2725 It CITY OF PLYMOUTH S _/I 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 5544 TELEPHONE (612) 559-2800 MEMO DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: (I Community Development Coordinator Char esV 'illerud through Community SUBJECT Development Director Blair Tremere LUNDGREN BROTHERS CONSTRUCTION COMPANY. CONDITIONAL USE PERMIT AMENDMENT FOR VICKSBURG WEST PLANNED UNIT DEVELOPMENT MONUMENT SIGN MASTER PLAN 88080) (MPUD 83-1) ACTION REQUESTED: Adopt the Resolution approving the Conditional Use Permit Amendment to allow monument signs for "Steeplechase" and "Fox Run" Planned Unit Developments, to be located at the intersections of 22nd and 25th Avenues North and Vicksburg Lane. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on July 13, 1988, and recommended approval by unanimous vote. The application and recommendation covers all proposed monument signs for the entire Vicksburg West Planned Unit and includes conditions for future ownership and mainten- ance by the respective Homeowner Associations. ISSUES AND ANALYSIS: The application by petitioner and the recommendation for approval by the Planning Com- mission includes the following deviations from the standards of the Zoning Ordinance concerning signs: 1. "Steeplechase" sign at 22nd Avenue North and Vicksburg Lane, proposed to be located 10 ft. from the property line, compared to a Zoning Ordinance standard of 20 ft. 2. "Fox Run" sign at 25th Avenue North and Vicksburg Lane, proposed to be located 10 ft. from the property line compared to a Zoning Ordinance standard of 20 ft. 3. The aggregate signage proposed for "Steeplechase" is for two signs totalling 56 sq. ft., compared to two signs aggregating not more than 32 sq. ft. as the Ordinance standards. f Page two Memorandum to City Manager, City Council Meeting August 1, 1988 Monument Signs July 26, 1988 4. The aggregate signage proposed for "Fox Run" is three signs totalling 60 sq. ft. The Zoning Ordinance standard is two signs aggregating 32 sq. ft. RECOMMENDATION: The attached Resolution is recommended for adoption consistent with the Planning Com- mission recommendation. Attarhmantc 1. Approving Resolution 2. July 13, 1988 Planning Commission Minutes t CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING A CONDITIONAL USE PERMIT AMENDMENT AND VARIANCE FOR SIGNAGE FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY FOR THE VICKSBURG WEST PLANNED UNIT DEVELOPMENT (MPUD 83-1) (88080) WHEREAS, Lundgren Brothers Construction Company has requested a Conditional Use Permit Amendment and Variance for signage for the Vicksburg West Planned Unit Development, to allow the construction of entrance monument signs for "Steeplechase" and "Fox Run", to be located at the intersections of 22nd and 25th Avenues North and Vicksburg Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Lundgren Brothers Construction Company for a Conditional Use Permit Amendment and Variances for the Vicksburg West Planned Unit Development to allow the construction of entrance monument signs for "Steeplechase" and "Fox Run", to be located at the intersections of 22nd and 25th Avenues North and Vicksburg Lane, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The applicant shall amend Association documents for "Steeplechase" and "Fox Run" to provide for ownership and maintenance of the signs by the Homeowners Association; the documents shall be approved by the City Attorney and filed with the County prior to issuance of permits. 3. Easements for the approved monument signs shall be filed on the respective properties prior to issuance of Sign Permits. 4. Variances are approved as follows: a. To allow a "Steeplechase" sign at 22nd Avenue North and Vicksburg Lane, setback 10 ft. from the property line instead of 20 ft.; PLEASE SEE PAGE TWO 0 Page two Resolution No. 88- b. To allow a "Fox Run" sign at 25th Avenue North and Vicksburg Lane to be setback 10 ft. instead of 20 ft.; c. To allow the two total "Steeplechase" signs (22nd Avenue North and Dunkirk Lane and 22nd .Avenue North and Vicksburg Lane) to total 56 sq. ft. in area instead of 32 sq. ft.; d. To allow three "Fox Run" signs (two at 24th Avenue North and Dunkirk Lane and one at 25th Avenue North and Vicksburg Lane) instead of two; and, to allow total area of those three signs to be 60 sq. ft. instead of 32 sq. ft. 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 MEMO DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO FROM SUBJECT James G. Willis, Ci Manager Charles E. Di - u , Community Development Coordinator through Blair Tremere, Co un Development Director CITY OF PLYMOUTH. LOT DIVISION/CONSOLIDATION AND VARIANCE TO REDISTRIBUTE EXCESS PROPERTY PREVIOUSLY DONATED TO THE CITY, NORTH OF 6TH AVENUE NORTH, BETWEEN SYCAMORE_ LANE AND PINEVIEW LANE (88075) ACTION REQUESTED: Approve the Resolutions for Lot Division/Consolidation and Variance and, the conditions to be met prior to filing the Lot Division with Hennepin County. BACKGROUND: The Planning Commission considered the application at the meeting on July 13, 1988, and recommended approval by a 6 - 1 vote. ISSUES AND ANALYSIS: The dissenting Commissioner indicated uneasiness with the mechanics of deeding to adjoining property owners, as compared with a public sale of the excess property. The "variance" to the subdivision regulations approved with this action only confirms the existing substandard lot widths of the lots with which the portions of excess property is being consolidated. No new substandard conditions are being created by this action. RECOMMENDATION: The attached Resolutions approve the Division/Consolidation and set the conditions to be met prior to filing with Hennepin County. The Resolutions are recommended for adoption. Attachments 1. Approving Resolution 2. Resolution Setting Conditions 3. July 13, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH (88075) WHEREAS, The City of Plymouth has requested approval of a Lot Division/Consolidation of Outlot B, Gleanloch Second Addition, north of 6th Avenue North, between Sycamore Lane and Pineview Lane; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the following: EXISTING LEGAL DESCRIPTION Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota To be divided and consolidated as follows: PARCEL A: That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 16, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West, said Gleanloch Second Addition bearing system, along the north line of said Outlot B to the northeast corner of the West 157.00 feet of said Outlot B; thence South 0 degrees 12 minutes 51 seconds East along the east line of said West 157.00 feet to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PARCEL B: That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 7, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West, said Gleanloch Second Addition bearing system, along the north line of said Outlot B to the southwest corner of said Lot 7; thence South 0 degrees 20 minutes 27 seconds East to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PLEASE SEE PAGE TWO 8 Page two Resolution No. 88 - PARCEL C That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 6, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West, said Gleanloch Second Addition bearing system, along the north line of said Outlot B to the southwest corner of said Lot 6; thence South 0 degrees 20 minutes 27 seconds East to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PARCEL D That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 5, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West said Gleanloch Second Addition bearing system along the north line of said Outlot B to the south- west corner of said Lot 5; thence South 0 degrees 20 minutes 27 seconds East to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PARCEL E That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 4, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West, said Gleanloch Second Addition bearing system, along the north line of said Outlot B to the southwest corner of said Lot 4; thence South 0 degrees 20 minutes 27 seconds East to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PARCEL F That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 3, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West, said Gleanloch Second Addition bearing system, along the north line of said Outlot B to the southwest corner of said Lot 3; thence South 0 degrees 20 minutes 27 seconds East to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PARCEL G That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southeast corner of Lot 2, Block 4, said Gleanloch Second Addition; thence South 89 degrees 39 minutes 33 seconds West, said Page 3 Resolution No. 88- Gleanloch Second Addition bearing system, along the north line of said Outlot R to the southwest corner of said Lot 2; thence South 0 degrees 20 minutes 27 seconds East to the south line of said Outlot B; thence North 89 degrees 39 minutes 33 seconds East along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. PARCEL H That part of Outlot B, Gleanloch Second Addition, Hennepin County, Minnesota described as beginning at the southwest corner of Lot 1, Block 4, said Gleanloch Second Addition; thence North 89 degrees 39 minutes 33 seconds East, said Gleanloch Second Addition bearing system, along the north line of said Outlot B to the northeast corner of the West 942.94 feet of said Outlot B; thence South 0 degrees 12 minutes 51 seconds East along the east line of said West 942.94 feet to the south line of said Outlot B; thence South 89 degrees 39 minutes 33 seconds West along said south line to the intersection with a line bearing South 0 degrees 20 minutes 27 seconds East from the point of beginning; thence North 0 degrees 20 minutes 27 seconds West to the point of beginning. FURTHER, that the City Manager be authorized to make the necessary special assessment corrections based upon City Policy when the division is approved by Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING AND REGARDING LOT DIVISION/CONSOLIDATION FOR THE CITY OF PLYMOUTH (88075) WHEREAS, the City Council has approved a Lot Division/ Consolidation for the City of Plymouth for property located on the north side of 6th Avenue North, between Sycamore Lane and Pineview Lane, under Resolution No. ; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the following conditions to be met prior to filing of and regarding said Lot Division/Lot Consolidation: 1. Compliance with the City Engineer's Memorandum. 2. Submittal of all necessary utility easements prior to filing Lot Division/Lot Consolidation with Hennepin County. 3. A Variance, consistent with the provisions of Section 500.41 of the City Code, is hereby approved to allow lot width for Lots 2, 3, 4, 5, 6, and 7, Block 4, Gleanloch Second Addition to be less than the Ordinance standard lot width of 110 ft. 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. Paoe 176, Plannin;) Commission Hinutes July 13, 198, noted that the Ordinance, by nature, is inflexible. He aqreed that the original submission needed to be cut back, however, they request the use of the square footage allowed for a normal parapet wall. Further discussion ensued. SUBSTITUTE MOTION by Commissioner Marofsky, seconded by Com- SUBSTITUTE MOTION missioner Plufka to approve the Service Station Signage for TO APPROVE SERVICE a single Pylon Sign with price sign; and, two signs, not,,,to STATION SIGNAGE exceed 96 sq. ft. Roll Call Vote. 4 Ayes. Commissioners Wire, Stul,berg, and VOTE - MOTION CARRIED Zylla, Nay. MOTION carried. SUBSTITUTE MOTION by Commissioner Plufka, seconded by Com- SUBSTITUTE MOTION TO missioner Zylla to amend the Main Motion to'allow a 346 sq. OAKWOOD SQUARE SHOP - ft. total for signage; and, to allow one pylon sign with no PING CENTER SIGNAGE individual tenant siqns for the Oakwood'Shoppinq Center. Roll Call Vote. 2 Ayes. Commissioners Wire, Stulberg, VOTE - MOTION FAILED Tierney, Marofsky, and Chairman Pauba, Nay. MOTION failed. VOTE - MOTION TO DENT' Roll Call Vote on Main Motion,.' 7 Ayes. MOTION carried. SHOPPING CENTER SIGN PLAN MOTION CARRIED Chairman Pauba introduced the request by the City of CITY OF PLYMOUTH Plymouth for a Lot Division and Variance to construct a LOT DIVISION AND City water tower. R,gading of the June 28, 1988 staff report VARIANCE (88063) was waived. MOTION by Comod ssioner Zylla, seconded by Commissioner MOTION TO APPROVE Tierney / ewith commend approval of the Lot Division and Variancehe Ordinance standard for street frontage for the Cityymouth to allow the construction of a water tower, s to the conditions as listed and based on complian the variance critera as stated in the June 28, 1988 staff report. Vote. 7 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Pauba introduced the request and reading of the CITY OF PLYMOUTH July 7, 1988 staff report was waived. LOT DIVISION/ CONSOLIDATION AND Commissioner Zylla inquired why this would not be consoli- VARIANCE (88075) dated as individual building sites, and why the City was Just transferring the land to property owners. He stated concern that this property should have been appraised and sold. Coordinator Dillerud explained that since this property was donated to the City, and 6th Avenue North is a collector street, the City does not want lots with direct access to 6th Avenue North. This action puts the property back on the tax rolls without creating an access problem on a thorough- fare street. Page 177 Planninq Commission Hinutes July 13, 1988 Maintenance and assessments were discussed. MOTION by Commissioner Wire, seconded by Commissioner Marofsky to recommend approval for the Lot Division/ Consolidation for the City of Plymouth, subject to the conditions listed in the July 7, 1988 staff report. Vote. 6 Ayes. Commissioner Zylla, Nay. BUSINESS Cha man Pauba introduced the request and explained that a lett received from the Berkshire Lane Corporation Vice Presid t had been delivered to the Commission, Mayor, and Council regarding the property adjacent to that under considera ion with the Vantage Company proposal. Mr. John M. Lewmanwho signed the letter as Vice President, stated before the tNginning of the meeting that he was no longer an officer of th, Corporation as of 6:00 P.M. this date, and there would be\no one present at this meetinq to represent the Corporation. Chairman Pauba waAd the reading of the July 8, 1985 staff report. Chairman Pauba introd6ced Mr. Kelly Doran, Vantage Company, who explained the proposal that now consists of 21 1/2 acres, rather than the\23 acres as previously proposed. Commissioner Marofsky inquired about percentage of office use versus industrial use. ter. Doran stated it could be up to 70% office use. Mr. Doran stated they have no problems with the conditions and he assured the Commission that development would begin before the deadline of August 1, 19€9. MOTION TO APPROVE VOTE - MOTION CARRIED VANTAGE COMPANIES LAND USE GUIDE PLAN AMENDMENT AND PUD CONCEPT PLAN (88054) MOTION by Commissioner Plufka, seconded by Commissioner Wire NOTION TO APPROVE to recommend approval of the Land Use Cuide Plan Amendment, and the Mixed Planned Unit DevelopmeAt Concept Plan for Vantage Companies, subject to the condiV ons listed in the July 8, 1988 staff report. MOTION by Commissioner Marofsky, seconded b) Chairman Pauba to amend the Main Motion by adding Conditio No With N. 7 to the MPUD Concept Plan approval as follows: Withe submittal of a PUD Final Plan/Plat, any industrial use m t receive a Conditional Use Permit or such other specific eapproval method as determined by the City Attorney, and th t a tenant list be submitted to the City of Plymouth to furt r assure the "High Tech" industrial uses proposed. Mr. Doran stated he had no problem with the concept of this Motion, however, the uses within this District are fairly restrictive already. N CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: Community Development Coordinator Charl s Dillerud through Community Development Director Blair Tremere SUBJECT HAROLD K. LEYSE. RESIDENTIAL PLANNED U IT DEVELOPMENT PLAN CONDITIONAL USE PERMIT AMENDMENT FOR 3820 DEERWOOD LANE NORTH (88076) (RPUD 75-2) ACTION REQUESTED: Adopt the Resolution approving the Residential Planned Unit Development Plan Conditional Use Permit Amendment for Harold K. Leyse to allow the addition of a third parking stall to his existing garage at 3820 Deerwood Lane North. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on July 13, 1988, and recommended approval by a 6 - 1 vote. ISSUES AND ANALYSIS: The Planning Commission concluded that the cul-de-sac location of the lot, together with the extensive drainage easement over the rear of the lot, acting together, presents a unique situation of physical circumstances not applicable to lots within this PUD or others in the City. As such, aproval of the Conditional Use Permit in this case will not create the undesirable precedent suggested by the staff report. The single dissenting Commissioner was concerned with the nonresponsive nature of this pro- posal to the Planned Unit Development Criteria. RECOMMENDATION: The first Resolution provides for approval of the Planned Unit Development Conditional Use Permit Amendment as recommended by the majority of the Planning Commission. The second Resolution denies the request consistent with the staff report and Planning Com- mission minority. Attanhmantc 1. Approving Resolution 2. Denying Resolution 3. July 13, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - CONDITIONAL USE PERMIT AND RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AMENDMENT FOR HAROLD K. LEYSE (88076) (RPUD 75-2) WHEREAS, Harold K. Leyse has requested a Conditional Use Permit and Planned Unit Development Amendment for property located at the southeast corner of 39th Avenue North and Deerwood Lane to allow the addition of a third parking stall to his existing two stall garage at 3820 Deerwood Lane 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, MINNESOTA, that it should and hereby does approve the request for Harold K. Leyse for a Conditional Use Permit and Residential Planned Unit Development Plan Amendment to allow the addition to an existing garage that requires a setback of 22.6 ft. versus the 30 ft. front yard setback requirement in this Planned Unit Development on property located at 3820 Deerwood Lane North, based on and subject to the following conditions: 1. The request meets the Conditional Use Permit criteria of the Zoning Ordinance, and the proposal would set no adverse precedent because of the unique situation of this lot with the cul-de-sac curve and wooded area of the lot. 2. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 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. ffr 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 - DENYING CONDITIONAL USE PERMIT AND RESIDENTIAL PLANNED UNIT DEVELOPMENT PLAN AMENDMENT FOR HAROLD K. LEYSE (88076) (RPUD 75-2) WHEREAS, Harold K. Leyse has requested a Conditional Use Permit and Planned Unit Development Amendment for property located at the southeast corner of 39th Avenue North and Deerwood Lane to allow the addition of a third parking stall to his existing two stall garage at 3820 Deerwood Lane North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for Harold K. Leyse for a Conditional Use Permit and Residential Planned Unit Development Plan Amendment to allow the addition to an existing garage that requires a setback of 22.6 ft. versus the 30 ft. front yard setback requirement in this Planned Unit Development on property located at 3820 Deerwood Lane North, based on the following: 1. The proposal does not meet the standards of the Plymouth Zoning Ordinance, specifically, the standard of orderly development and improvement of the surrounding neighborhood. The order of development has been established with regard to setbacks and relied upon during the construction of the Misson RPUD. 2. Approval would set an undesirable precedent with respect to the overall Mission Planned Unit Development. 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. Paqe 170 Planninq Commission t1inutes Duly 13, 1955 " Roll Call Vote. 7 Ave 40TIOtJ carried. VOTE - MOTION CARRIES Chairman Pauba introduced the request, readino of the ;lune HAROLD K. LEYSE 28, 1985 staff report was waived. Chairman Pauba introduced RPUD PLAN AND Mr. Leese who explained his application to add a third stall CONDITIONAL USE onto his garage. He did riot believe this would set a PERMIT AMENDMENT precedent, as various neighbors have three car qarages, but' (88076) they do not have a uniquely shaped lot such as he owns. The cul-de-sac curve shortens the lot depth at the garage. He stated that if the recommendation is for denial, he would appreciate the time to brinq in pictures and slides of his property for reconsideration of his application. He noted that the Notice sent to property owners was incor- rect in that it stated 35 ft., rather than 30 ft. He explained that the staff report was not available to him until Friday after 3:00 P.M., and that he was asked to respond to that report on that same Friday. The information given to him relative to the Variance Criteria was from a different section of the Ordinance, and he would like to respond to the criteria established for his variance request. He stated that he meets the criteria established for hardship and uniqueness, and that the proposal will not set a precedent. Mr. Leese is unaware of any neighbor that would be opposed to his variance request. Commissioner Plufka inquired if the garage addition would follow the existing roof line. Mr. Leyse stated it would drop down to some degree and the same shingles, brick and siding will be used to blend in with the existing structure. Commissioner Tierney inquired if the addition could be recessed. Mr. Leyse stated that perhaps could be accomplished, but would ncessitate the removal of existing landscaping and trees which would be very expensive. Commissioner Plufka noted that "hardship" is not part of the consideration of a Conditional Use Permit. Mr. Leyse reiterated that he did not receive the appropriate variance criteria to address with his narrative. Chairman Pauba opened the Public Hearing, as there was no one present to speak on the item, the Public Hearing was closed. MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO APPROVE Stulberg to recommend approval for the Residential Planned Unit Development Plan and Conditional Use Permit Amendment for Harold Leyse, based on the Conditional Use Permit criteria of the Ordinance, that the proposal would set no adverse precedent because of the unique situation of this lot with the cul-de-sac curve and wooded area on the lot. Page 171 Planninq Commission Minutes July 13, 1985 Roll Call Vote. 6 Ayes. Chairman Pauba, Nay. VOTE - MOTION CARRIB) Chairman Pauba stated he is uncomfortable with this action within a Planned Unit Development, as the PUD criteria needs special consideration. airman Pauba introduced the request, reading of the July WILLIAM MUNSINGER 7, N988 staff report was waived. CONDITIONAL USE PERMIT (88078) ChairmPauba introduced Mr. William Munsinger, who explaine that he operates a gymnastic school in New Hope that has a' onditional Use Permit. His students are from 2 years to adu is and they now want to open a satellite to serve addition students. They require certain ceiling clearance and have certain area for equipment so that they are limited as to 4 buildinq they can use. They have many students from the Pi'ymouth area. They have been in business for 15 years in an industrial area in New Hope. As their activities take place during off -hours they do not conflict with the parking and/or traffic in the area during business hours. They also operate ori=Saturday morning. They plan to occupy approximately 4,000 sq,. ft. in Plymouth; New Hope would remain their main facility.. Chairman Pauba opened the Public Hedring. Mr. Andy Schaefer, 330 2nd Ave. So., 'has been working with Mr. Munsinger to find space available iq, this area for the gymnastic school. He noted other gym -type operations in Plymouth and surrounding communities. ° MOTION by Commissioner Plufka, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval for the Conditional Use,,.' se,,. Permit for William Munsinger, subject to the conditions listed in the July 7, 1988 staff report and adding that the?'\hours of operation be from 8:00 A.M. to 10:00 P.M. Commissioner Plufka stated that the Ordinance woul not recognize the unique needs of such a business and this` \te is next to a retail area. Roll Call Vote. 6 Ayes. Commissioner Marofsky, Nay. Commissioner Marofsky stated that the proposal does not meet the strict Ordinance requirements to operate in the Industrial District of the City. Chairman Pauba introduced the request and reading of the July 6, 1988 staff report was waived. Chairman Pauba introduced Mr. Michael Pflaum, Lundgren Brothers Construction Co., who explained the setbacks as proposed are needed so that the monument signs are visible when approaching the Fox Run and Steeplechase developments. VOTE - MOTION CARRIED LUNDGREN BROTHERS CONSTRUCTION CO. CONDITIONAL USE PERMIT AMENDMENT FOR VICKSBURG WEST MONUMENT SIGNS 88080) CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 (D TELEPHONE (612) 559-2800 DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: /rCommunityDevelopmentCoordinatorarl lerud through Community SUBJECT Development Director Blair Tremere WILLIAM MUNSINGER. CONDITIONAL USE PERMIT TO OPERATE A GYMNASTICS SCHOOL IN THE INDUSTRIAL DISTRICT OF THE CITY (88078) ACTION REQUESTED: Adopt the Resolution approving the Conditional Use Permit for William Munsinger to operate a gymnastics school in the Indus- trial District in the southwest corner of Fernbrook Lane and 28th Place North. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on July 13, 1988, and recommended approval by a 6 - 1 vote. ISSUES AND ANALYSIS The Planning Commission recommendation for approval was made following a staff recom- mendation for denial. The Planning Commission discussion in support of the approval recommendation centered on the non -retail nature of the proposed use and other factors that suggest the use to be similar to and compatible with the permitted and other conditional uses of the I-1 (planned industrial) Zoning District. The Planning Commis- sion also noted the proximity of the site to an existing retail district and the special structural needs of the proposed gymnastics school. The dissenting Commissioner was concerned with the staff report as to the inconsistency of the use with the Zoning Ordinance language as to conditional uses in the I-1 Zone. RECOMMENDATION: The first Resolution provides for approval of the application consistent with the majority Planning Commission recommendation. The second Resolution provides for denial, consistent with the staff recommendation and Planning Commission minority. Attachments 1. Approving Resolution 2. Denying Resolution 3. July 13, 1988 Planning Commission 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 NO. 88 - APPROVING A CONDITIONAL USE PERMIT FOR WILLIAM MUNSINGER - MUNSINGER GYMNASTICS FOR A GYMNASTICS CENTER AT THE SOUTHWEST CORNER OF FERNBROOK LANE AND 28TH PLACE NORTH 88078) WHEREAS, William Munsinger has requested a Conditional Use Permit for a gymnastics center in an I-1 Zone to operate Munsinger Gymnastics Center located at the southwest corner of Fernbrook Lane and 28th Place 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, MINNESOTA, that it should and hereby does approve the request for William Munsinger for a Conditional Use Permit for a gymnastics center in an I-1 Zone to operate a Munsigner Gymnastics Center located at the southwest corner of Fernbrook Lane and 28th Place North, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to William Munsinger as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. All waste and waste containers shall be stored within approved designated areas as diagrammed on the plans dated . 5. Any signage shall conform with the City Ordinance Standards. 6. There shall be no outside display, sales, or storage of merchandise or related materials. 7. Hours of operation shall be limited to 8:00 A.M. to 10:00 P.M., daily. 8. The permit shall be renewed in one year to assure compliance with the conditions. RESOLUTION NO. 88 - Page 2 9. A copy of any required State license shall be provided prior to issuance of the Permit and shall be kept on file with the City. 10. Compliance with applicable Building and Fire Code requirements shall be verified by the City prior to Permit issuance and occupancy. 11. All parking shall be off-street in designated areas which comply with 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. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota, was held on the following members were present: The following members were absent: its adoption: meeting of the City Council of day of , 19 The introduced the following Resolution and moved RESOLUTION NO. 88 - DENIAL FOR A CONDITIONAL USE PERMIT FOR WILLIAM MUNSINGER - MUNSINGER GYMNASTICS FOR A GYMNASTICS CENTER IN AN I-1 DISTRICT LOCATED AT THE SOUTHWEST CORNER OF FERNBROOK LANE AND 28TH PLACE NORTH (88078) WHEREAS, William Munsinger has requested a Conditional Use Permit for a gymnastics center in an I-1 District to operate Munsinger Gymnastics Center located at the southwest corner of Fernbrook Lane and 28th Place North; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request for William Munsinger for a Conditional Use Permit for a gymnastics center in an I-1 District to operate Munsinger Gymnastics Center located at the southwest corner of Fernbrook Lane and 28th Place North, based on the following finding: The proposed gymnastics school is inconsistent with the specifications contained in Section 8, Subdivision D, Paragraph 2b of the Plymouth Zoning Ordinance with regard to allowable Conditional Uses within the I-1 Zone. Specifically the proposed use fails to qualify as essential to the operation of the I-1 District in providing goods and services which are primarily for the use of persons employed in the district. 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. Paoc 171 Planning Comm1JsS1O!: tlinut-s July 13, 19Y - Roll Call Vote. Ayes. ChairmarrPauha, tJa . Chairman Pauba state is uncomfortable with this action within a Planned U t Ue\,elopment, as the P1JD criteria needs special consideration. Chairman Pauba introduced the request, readinq of the July 7, 1988 staff report was waived. Chairman Pauba introduced Mr. William Munsinger, who explained that he operates a gymnastic school in New Hope that has a Conditional Use Permit. His students are from 2 years to adults and they now want to open a satellite to serve additional students. They require certain ceiling clearance and have certain area for equipment so that they are limited as to a buildinq they can use. They have many students from the Plvmouth area. They have been in business for 15 years in an industrial area in New Hope. As their activities take place during off -hours they do not conflict with the parking and/or traffic in the area durinq business hours. They also operate on Saturday morning. Thev plan to occupy approximately 4,000 sq. ft. in Plymouth; New Hope would remain their main facility. Chairman Pauba opened the Public Hearing. Mr. Andy Schaefer, 330 2nd Ave. So., has been workinq with Mr. Munsinger to find space available in this area for the gymnastic school. He noted other qym-type operations in Plymouth and surrounding communities. VOTE - MOTION CARRl' WILLIAM MUNSINGER CONDITIONAL USE PERMIT (88078) MOTION by Commissioner Plufka, seconded by Commissioner Wire MOTION TO APPROVE to recommend approval for the Conditional Use Permit for William Munsinger, subject to the conditions listed in the July 7, 1988 staff report and adding that the hours of operation be from 8:00 A.M. to 10:00 P.M. Commissioner Plufka stated that the Ordinance would not recognize the unique needs of such a business and this site is next to a retail area. Roll Call Vote. 6 Ayes. Commissioner Marofsky, Nay. Commissioner Marofsky stated that the proposal does not meet the strict Ordinance requirements to operate in the Industrial District of the City. Chairman introduced the request and reading of the July 6, 1988 sta rt was waived. Chairman Pauba introduced tAP. ichael Pflaum, Lundgren Brothers Construction Co., who e ned the setbacks as proposed are needed so that the monumen igns are visible when approaching the Fox Run and Steeplechas developments. VOTE - MOTION CARRIED LUNDGREN BROTHERS CONSTRUCTION CO. CONDITIONAL USE PERMIT AMENDMENT FOR VICKSBURG WEST MONUMENT SIGNS 88080) 1. CITY OF PLYMOUTH , 6-L 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 27, 1988 for City Council Meeting August 1, 1988 TO: City Manager dames Willis FROM: Community Development Coordinator Charles E. Dillerud through Community SUBJECT Development Director Blair Tremere THE CITY OF PLYMOUTH. CONDITIONAL USE PERMIT FOR ALTERATION OF THE FLOODWAY TO CONSTRUCT "NEW" 10TH AVENUE NORTH (88082) ACTION REQUESTED: Adopt the Resolution approving the request for a Conditional Use Permit to allow the alteration of the Floodway to construct "new" 10th Avenue North from Southshore Drive to the east side of Bassetts Creek. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on duly 13, 1988, and recommended approval by unanimous vote. RECOMMENDATION: We recommend adoption of the attached approval Resolution. Attachments 1. Approving Resolution 2. duly 13, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVAL OF A CONDITIONAL USE PERMIT FOR THE CITY OF PLYMOUTH TO ALLOW THE ALTERATION OF THE FLOOWDAY TO CONSTRUCT "NEW" 10TH AVENUE NORTH FROM SOUTHSHORE DRIVE TO THE EAST SIDE OF BASSETTS CREEK (88082) WHEREAS, The City of Plymouth has requested approval for a Conditional Use Permit to allow the alteration of the Floodway to construct "new" 10th Avenue North from Southshore Drive to the east side of Bassetts Creek per Section 6 of the Plymouth Zoning Ordinance; 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 a Conditional Use Permit to allow the alteration of the Floodway to construct "new" 10th Avenue North from Southshore Drive to the east side of Bassetts Creek, per Section 6 of the Plymouth Zoning Ordinance, subject to the following: 1. The permit is subject to all applicable codes, regulations and Ordinances. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 174 Planning Commission Minutes July 13, 1985 Roll Call Vote on Amendment. 4 Ayes. Commissioner VOTE - AMENDMENT 1. Stulberg, Tierney, and Marofsky, Nay. MOTION carried. NOTION CARRIED MOTION by Commissioner °lufka, seconded by Chairman Pauba to MOTION TO AMEND Amend the Main Motion by adding the following to Condition No. 5.: No approval is hereby granted for size, location, or design for the signage labeled " Commercial Signage", depicted for a location within Outlot K, of Parkers Lake North MPUD. Commissioner Marofsky stated he has a problem with no pro- posal for the commercial signage and could not vote for this Master Plan without reviewing a detailed commercia siqnage plan. Roll Call Vote on Amendment. 6 Aye Commissioner VOTE - AMENDMENT 2. Marofsky, Nay. NOTION CARRIED MOTION by Commissioner Plufka, seconded by Commissioner MOTION TO AMEND Zylla to Amend the Main Motio by changing "new" Condition No. 8 to read: Noapprova is granted or implied, other than basic design, of si labeled "tertiary." Sign size, location, and amount s 1 be addressed with site specific final plans. Roll Call Vote on Amendment. 7 Ayes. MOTION carried. VOTE - AMENDMENT 3. Roll Call Vote on Main Motion as three times Amended. 6 VOTE - MAIN MOTION AS Ayes. Commissioner Marofsky, Nay. MOTION carried. THREE TIMES AMENDED Chairman Pauba introduced the request, reading of the July CITY OF PLYMOUTH 7, 1988 staff report was waived. CONDITIONAL USE PERMIT TO ALTER Chairman Pauba opened the Public Hearing, as there was no THE FLOODWAY (88082) one present to speak on this item, the Public Hearing was closed. MOTION by Commissioner Marofsky, seconded by Commissioner NOTION TO APPROVE Tierney to recommend approval for the Conditional Use Permit to allow the alteration of the Floodway to construct "new" 10th Avenue North, subject to the conditions listed in the July 7, 1988 staff report. Roll Call Vote. 7 Ayes. MOTION carried. VOTE - NOTION CARRIED NEW BUSINESS Chairman Pauba introduc the request. Reading of the July DAVID C. JOHNSON 8, 1988 staff report was wai Chairman Pauba requested SITE PLAN AMENDMENT that Coordinator Dillerud provide a erview of the July AND VARIANCE FOR 13, 1988 Memorandum distributed to Commission. MASTER SIGN PUN OAKWOOD SQUARE" 86138) CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 _ MTELEPHONE (612) 559-2800 MEMODATE: July 25, 1988 for City Council Meeting August 1, 1988 TO: City Manager James Willis FROM: Community Development Coordinator ChareDevelopmentDirectorBlairTremere Dillerud through CommunitySUBJECT LAND USE GUIDE PLAN AMENDMENT AND PLANNED UNIT DEVELOPMENT CONCEPT PLAN FORVANTAGECOMPANIES (88054) ACTION REQUESTED: Adopt the Resolutions approving the Land Use Guide PlanAmendmenttoreclassifyanapproximate20acreparcelfromCLlimitedbusiness) to IP (planned industrial); and, a Mixed Planned Unit DevelopmentConceptPlanforanoffice/warehouse development at the northwest corner of County Road9andI-494. The Amendment of the Land Use Guide Plan requires a 4/5 vote. BACKGROUND: The Planning Commission and City Council had considered a similar Land Use Guide PlanAmendmentthatwasdeniedbyCityCouncilActiononMarch21, 1988. A Public HearingwasscheduledforJune22, 1988 to consider a new application for the Land Use GuidePlanAmendmentandPlannedUnitDevelopmentConceptPlan. The Planning Commissiondeferredtheirconsiderationbecauseaportionofpropertywassuddenlywithdrawnfromthatapplication. On July 13, 19889 the Planninq Commission again considered theproposalatthereducedscale, but retaining the key mechanical feature of the PlannedUnitDevelopmentprocess. --- The Planning Commission recommended approval by unanimous vote. PRIMARY ISSUES AND ANALYSIS: The Planning Commission discussion centered on the issue of the mechanics required toassurearesultingdevelopmentoftheprojectsitethatwouldpresentCL/B-1 character- istics, even though IP/I-1 guiding/zoning would be in place. The goal would be torespondtothepetitioner's requirement for flexibility with regard to the type ofuser/occupant, while maintaining the City goal of CL/B-1 physical appearance at thiskey "gateway" location. Page two Memorandum to City Manager, City Council Meeting August 19 198 Vantage Companies duly 25, 1988 The Planning Commission has determined, b ctore1ofrdes gnndationg control, hat is an introducing appropriate MPUD with the Conditional Use Permit fa oals of both the City and the approach to addressing the goals noted previously. The g mehanics coupled with petitioner could be assured with the Planned Unit Developnt mechanicsindustrial). This the reguiding proposal from CL (limited business) to IP (p determination results also from the finding that the reguiding will not result in significant impact on the public infrastructure. RECOMMENDATION: for approval consistent with the Planning Commission The attached Resolutions are recommendation. Attachments 1. Resolution Approving Land Use Guide Plan Amendment 2. Resolution Approving Mixed Planned Unit Development Concept Plan 3. duly 13, 1988 Planning Commission Minutes R CITY OF PLYMOUTH Pursuant to due call and notice thereof, a ettheCityofPlymouth, Minnesota, was held on -theon eofing of the City Council of following members were present: y 19 The The following members were absent: its adoption: introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING LAND USE GUIDE PLAN AMENDMENT FOR VANTAGE COMPANIES LOCATED AT THENORTHWESTQUADRANTOFI-494 AND COUNTY ROAD 9 (88054) WHEREAS, Vantage Companies has requested approval of reclassification of Land UseGuidingforanapproximate20acreparcelplattedasLots1-4, Block 3; Lots 1-5, Block 2; and Lots 2-3, Block 1, Plymouth Office Commercial Park from CL (LimitedBusiness) to IP (Planned Industrial). WHEREAS, the Planning Commission has considered the request following a dulyscheduledpublichearingandrecommendedapproval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the reclassification of land useguidingforVantageCompaniesforapproximately20acresplattedasLots1-4, Block3; and Lots 1-5, Block 2; and Lots 2-3, Block 1, Plymouth Office Commercial Park, from CL (Limited Business) to IP (Planned Industrial), subject to the followingconditions: I. Approval of the Land Use Guide Plan Amendment is contingent upon, and subjecttotherequiredreviewandresponsebytheMetropolitanCouncil. 2• Approval of the MPUD Plat and Plans based upon the Concept contained in Exhibit88054, including filing the final plat, execution of the Development Contract, and issuance of building permits. 3. The development shall be undertaken per these conditions on or before August 1, 1989 and there shall be no extension of this deadline. The motion for adoption of the foregoing Resolution was duly seconded by following voted in favor thereof: ' and upon vote being taken thereon, the The following voted against or abstainedWhereupontheResolutionwasdeclaredduly passed and adopted. CITY OF PLYMOUTH meeting of the City Council of Pursuant to due call and notice thereof, a of 19 the City of Plymouth, , Minnesota, was held on the._ day following members P The following members were absent: *** introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING A MIXED PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR VANTAGE COMPANIES 88054) EAS Vantage Companies has requested approval for a Mixed Planned Unit WHEREAS, ly 27 acres located at Development Conceptdrantlan of I 494hand County Road 9• the northwest q REAS The Planning Commission has reviewed the request at a duly called Public WHE , Hearing and recommends approval; W THEREFORE, BE IT HEREBY RESOLVED BY THE OVeYthe Mixed COUNCIL OPlanned Unit F THE CITY O Development NO ointe MINNESOTA, that it should and hereby does approve Concept Plan for Vantage Companies for aeldev2lc acres ment tlolocated at the Hnorpthwest p approximately Business Center consisting of app subject to the following conditions. quadrant of I-494 and County Road 9, 1. Compliance with the City Engineer's Memorandum• with utility availability as 2. Staging of the developmentomentEngineer. al l be i n accordance w approved by y Draft restrictive covenants for the private open areas and common drives shall 3• plat/plan application. be submitted with preliminary p /P 4. Petitioner will submit cross through -sections with preliminary plan/plat. No private drive access shall be permitted to County Road 9 (Rockford Road); 5, N p public streets. all private drive access shall be by internal p 6. Development design features and dimensions are subject to detailed plan review and approval. The motion for adoption of the foregoand uponlvotenbeaingdtakenethedreon, the P following voted in favor thereof: The Whereupon following voted against or abstained sed and adopted. the Resolution was declared duly p Page 177 Planninq Commission tlinutes July 13, 1985 Maintenance and assessments were discussed h10TI0t1 by Commissioner V'ire seconded b CommissionerMarofsky to recommend royal for the Lot. Division/ Consolidation for t ity of Plymouth, subject to thc. conditions listed i the July 7, 1988 staff report. Vote. 6 Ayes. Commissioner 7_ylla, Nay. OLD BUSINESS Chairman Pauba introduced the request and explained that aletterreceivedfromtheBerkshireLaneCorporationVicePresidenthadbeendeliveredtotheCommission, Mayor, andCouncilregardingthepropertyadjacenttothatunder consideration with the Vantage Company proposal. Mr. JohnM. Lewman, who signed the letter as Vice President, stated before the beginning of the meeting that he was no longer an officer of the Corporation as of 6:00 P.M. this date, and there would be no one present at this meetino to representtheCorporation. Chairman Pauba waived the reading of the July 8, 1989 staffreport. Chairman Pauba introduced Mr. Kelly Doran, Vantage Company, who explained the proposal that now consists of 21 1/2acres, rather than the 23 acres as previously proposed. Commissioner Marofsky inquired about percentage of officeuseversusindustrialuse. Mr. Doran stated it could be upto70% office use. Mr. Doran stated they have no problems with the conditions and he assured the Commission that development would beginbeforethedeadlineofAugust1, 1989. MOTION TO APPROVE VOTE - MOTION CARRIFP VANTAGE COMPANIES LAND USE GUIDE PLAN AMENDMENT AND PUD CONCEPT PLAN (88054) MOTION by Commissioner Plufka, seconded by Commissioner Wire MOTION TO APPROVEtorecommendapprovaloftheLandUseGuidePlanAmendment, and the Mixed Planned Unit Development Concept Plan forVantageCompanies, subject to the conditions listed in theJuly8, 1988 staff report. MOTION by Commissioner Marofsky, seconded by Chairman Pauba to amend the Main Motion by adding Condition No. 7 to theMPUDConceptPlanapprovalasfollows: With the submittalofaPUDFinalPlan/Plat, any industrial use must receive aConditionalUsePermitorsuchotherspecificuseapproval method as determined by the City Attorney, and that a tenantlistbesubmittedtotheCityofPlymouthtofurtherassurethe "High Tech" industrial uses proposed. Mr. Doran stated he had no problem with the concept of thisMotion, however, the uses within this District are fairlyrestrictivealready. Page 178 Planning Commission Minutes Ouly 13, 1988 ensued regarding appropriate uses and Discussion enforcement. Vote on Amendment. 1 Aye, 6 Nays. MOTION failed Vote on Main Motion 7 Ayes. MOTION carried. ADJOURNMENT 1:05 A.M. VOTE - AMENDMENT MOTION FAILED VOTE - MAIN MOTION MOTION CARRIED MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 28, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: AWARD OF CONTRACT 1988 STREET IMPROVEMENTS CITY PROJECT NO'S 517, 720, 813 AND SCHMIDT LAKE ROAD ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution awarding the contract for the construction of 1988 Street Improvement Project consisting of work in Revere Lane/Trenton Place 2nd Addition, Fernbrook Woods Addition, 22nd Avenue and Schmidt Lake Road to Bury and Carlson, Inc. in the amount of $186,966.85. BACKGROUND: Bids were received on the construction of the 1988 Street Improvement Project on Tuesday, July 26, 1988. Included in the attached resolution is a summary of the bids received. The low bid is approximately 7% below the engineer's estimate. The City received 11 bids with a spread of 33.5% between the low bid and the high bid. Fred G. Moore, P.E. FGM:kh attachments: Resolution Memorandum 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: W f 1., meeting of the City Council of day of , 0 introduced the following Resolution and moved its RESOLUTION NO. 88 - RESOLUTION ACCEPTING BID 1988 STREET IMPROVEMENTS PROJECT NO'S 517, 720, 813 AND SCHMIDT LAKE ROAD WHEREAS, pursuant to an advertisement for bids for Revere Lane/Trenton Place 2nd Addition, Fernbrook Woods Addition, 22nd Avenue, and Schmidt Lake Road bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID Bury and Carlson, Inc. 186,966.85 Northwest Asphalt 193,547.75 Hardrives, Inc. 195,942.50 Valley Paving 196,097.50 Buffalo Bituminous 197,183.00 Alexander Construction 199,826.20 Preferred Paving 208,320.00 Alber Construction 213,223.75 L.A. Const., Inc. 216,446.50 Anderson Bros. Const. 230,323.00 C.S. McCrossan 249,613.75 WHEREAS, it appears that Bury and Carlson of St. Louis Park, Minnesota, is the lowest responsible bidder; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Bury and Carlson, Inc. of St. Louis Park, Minnesota in the name of the City of Plymouth for the construction of the 1988 Street Improvement project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of 186,966.85. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. ic,Yit 1 Keith A. Gordon, PE Robert W Rosene. PE. Bones t roo Joseph C. Anderhk, F.E. Rosene Bradford A. Lemberg. P.E. Anderlik & Richard E. Turner, PE. Associates Engineers Architects July 27, 1988 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: Mr. Fred G. Moore Director of Public Works Otto G. Bonestroc, P.E. Keith A. Gordon, PE Robert W Rosene. PE. Richard w'. Foste PE. Joseph C. Anderhk, F.E. Donald C. Burgard,. P.E. Bradford A. Lemberg. P.E. Jerry A, Bourdon PE. Richard E. Turner, PE. Mark A. Hanson, PE James C. Olson, PE. Ted K. Field' P.E. Glenn R. Cook, PE Michael T Rautmann, PE Thomas E. Noyes, PE Robert R Pfefferle, PE Robert G. Schunicht, PE. David O. Loskota, PE. Marvin L, Sorvala, PE. Re: 1988 Street Improvements Revere Lane, Fernbrook Lane, 22nd Ave., Schmidt Lake Road Our File No. 70247 Dear Fred, Thomas \V. Peterson, RE Charles A. Erickson Michaei C. Lynch, PE. Leo M. Pawelsky James R Malang PE. Harlan M. Olson Kennet`. P Anderson, F.E. Susan M. Ebenin Keith A. Bachmann, PE. Mark A. Seip Mark R. Rolfs, PE. Robert C Russek, A.LA. Thomas E. Angus, PE. Howard A. Sanford, PE. On Tuesday, July 26, 1988 sealed bids were received for the above referenced project. A total of eleven (11) bids were received. All bids have been checked and tabulated, and reviewed manually. The low bidder is Bury & Carlson, Inc., with a total base bid of $186,966.85. The Engineer's Estimate for the project was $200,000.00. Bury & Carlson, Inc. is an experienced bituminous contractor and has completed a number of projects in the past for the City of Plymouth. The work on these projects was satisfactorily completed. We recommend award of the 1988 Street Improvements to Bury & Carlson, Inc. as the low bidder in the amount of $186,966.85. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Keith A. Bachmann KAB:li 24 2335 West Highway 36 * St. Paul, Minnesota 55113 • 612-636-4600 IT p CITY (:)C- SCALE Of MILES PLYMOUTH- S _-_.. 1988 STREET IMPROVEMENTS 4sk. MEMO N_ CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 28, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: AWARD OF CONTRACT COUNTY ROAD 6/I-494 BRIDGE CITY PROJECT NO. 250 ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution awarding the contract for the construction of County Road 6 and bridge over I-494 to Richard Knutson, Inc. in the amount of 2,584,985.16. BACKGROUND: Bids were received on the reconstruction of County Road 6 for the interchange, which is to be installed at I-494, on July 19, 1988. Included within the attached resolution is a summary of the bids received. The low bid is approximately 14% below the engineer's estimate. The City received nine bids with only a spread of 15% between low bid and high bid. This reflects the very favorable bidding climate at this time. For further background information, attached is my memorandum dated June 16, 1988, when the City Council approved the plans and specifications and authorized the receiving of bids. Fred G. Moore, P.E. FGM:kh attachments: Resolution Memorandum 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: meeting of the City Council of day of is ;c is introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - RESOLUTION AWARDING BID COUNTY ROAD 6/I-494 INTERCHANGE CITY PROJECT NO. 250 WHEREAS, pursuant to an advertisement for bids for the improvement of the County Road 6 at I-494, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID Richard Knutson, Inc. 2,584,985.16 Glenwood Bridge, Inc. 2,612,944.50 Lunda Construction Company 2,628,778.02 Progressive Contractors, Inc. 2,647,422.57 C.S. McCrossan Construction, Inc. 2,674,707.42 Park Construction Company 2,769,870.21 Edward Kraemer & Sons, Inc. 2,804,618.68 Johnson Brothers Corp. 2,812,921.50 Cy -Con, Inc. 2,841,015.00 WHEREAS, it appears that Richard Knutson, Inc. of Savage, Minnesota is the lowest responsible bidder; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into the attached contract with Richard Knutson, Inc. of Savage, Minnesota, in the name of the City of Plymouth for the construction of County Road 6 at I-494 according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of the low bid of $2,584,985.16. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. FURTHER, that said contract award is subject to the concurrence by the State of Minnesota, Department of Transportation. 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. CXX )YXX i STRGAR-ROSCOE-FAUSCH, INC. CONSULTING ENGINEERS TRANSPORTATION CIVIL • STRUCTURAL ENGINEERS LAND SURVEYORS July 19, 1988 Mr. Fred G. Moore, P.E. Director of Public Works CITY OF PLYMOUTH c„ 3400 Plymouth Boulevard Plymouth, Minnesota 55447 RE: C.S.A.H. 6 AND BRIDGE NO. 27679 OVER T.H. 494 PLYMOUTH CITY PROJECT NO. 250 Dear Fred: File No. 0870900 Transmitted herewith, please find the Bid Proposals and Bid Bond: which were received on Tuesday, July 19, 1988 for the above referenced project. All of the bids have been reviewed and checked, and a complete bid tabulation is enclosed with this letter. A summary of the bids is shown below: SUMMARY OF BIDS Contractor Bid Amount Richard Knutson, Inc. $2,584,985.16 Glenwood Bridge, Inc. $2,612,944.50 Lunda Construction Company $2,628.778.02 Progressive Contractors, Inc. $2,647,422.57 C. S. McCrossan Construction, Inc. $2,674,707.42 Park Construction Company $2,769,870.21 Edward Kraemer & Sons, Inc. $2,804,618.68 Johnson Brothers Corp. $2,812,921.50 Cy -Con, Inc. $2,841,015.00 Engineer's Estimate $2,996,000.00 Favorable bids were received. The low bid, submitted by Richard Knutson, Inc. is 14% below the Engineer's Estimate. We recommend award of the contract to Richard Knutson, Inc. in the amount of 2,584,985.16. If you have any questions, please do not hesitate to contact us. Sincerely, STRGAR-ROSCOE-FAUSCH, INC. Glenn G. Schreiner, P.E. Senior Engineer Enclosures Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447 612) 475-0010 9 FAX No. (612) 475-2429 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: June 16, 1988 For City Council Meeting of June 20, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: APPROVED PLANS AND SPECIFICATIONS ADVERTISE FOR BIDS PROJECT 250 COUNTY ROAD 6 AND I-494 INTERCHANGE ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution approving these plans and specifications and advertising for bids for the County Rd. 6/I-494 Interchange. Bids would be received on July 19, 1988. BACKGROUND: Since 1982 the City has been working towards the construction of an interchange on County Rd. 6 at I-494. We have been seeking the necessary approval from State, County and the Metropolitan Council for the construction of the interchange. Also, a tax increment financing district has been established to finance the construction of the interchange. In July, 1987 the City Council directed Strgar-Roscoe-Fausch, Inc. to complete the final plans and specifications for the interchange. These plans are now complete and we have received the necessary County, State and Federal approvals. The plans, as completed, would be for the first contract of two contracts to construct the interchange. The first contract would include the road improvements on County Rd. 6 from Fernbrook Lane to Xenium Lane and the new bridge over I-494. The second contract, which would be performed by MnDOT would construct the ramps between Co. Rd. 6 and 494 and the necessary work along I-494 between Hwy. 55 and Carlson Parkway. The contract by MnDOT would not be started until the summer of 1989. The plans on which we are requesting approval has the project divided into three phases: 1. The first phase which would begin approximately August 1 would be the removal of a portion of the existing south part of the bridge and the new construction of the southerly one-half of the new bridge. During this construction, one lane of traffic in each direction will be maintained on the north half of the existing bridge. This work is to be completed by Nov. 15, 1988 and then traffic would be routed on the newly constructed portion of the bridge. t Page Two Co. Rd. 6 & I-494 Interchange 2. During the winter months the north half of the bridge would be demolished and removed and when weather permits construction of the north half of the new bridge would begin in the spring of 1989. It is projected that this work would be completed by July 1989. 3. The third and final phase of this construction would be the roadway improvements on either side of the new bridge. This work would begin in June, 1989 and be completed by Nov. 15, 1989. This third phase would complete all the work on County Rd. 6. For the construction of this phase additional right-of-way is needed from the residential properties west of Fernbrook Lane. We are beginning the appraisal process to determine whether entire properties should be purchased or only the narrow strip of land which is needed as additional right-of-way. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution, approving the plans and specifications and advertisement for bids. Bids would be received on July 19, 1988 and if everything is in order a recommendation would be made to the City Council on July 25 on the award of a contract. Fred G. Moore, P.E. I ob MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 28, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: AMENDING DEVELOPMENT CONTRACT PRIME WEST BUSINESS PARK 2ND ADDITION (88058) ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution amending the development contract for Prime West Business Park 2nd Addition. BACKGROUND: In June, the City Council approved the development contract for Prime West Business Park 2nd Addition. That development contract provided for Prime Development Corporation agreeing to their share of the cost for Revere Lane. Their cost is 30% on the northerly portion and this was agreed to between them and Ryan Construction Company, the developer to the east. We have now received a request from Prime Development Corporation to change this share of the cost from 307. to one-third. We have also received a letter from Ryan Construction Company agreeing to pay two-thirds of the cost. It is also requested that clarification be provided in the development contract to indicate that there will be no assessments on Outlot C and D of Prime West Business Park Addition. These are the two outlots provided for Revere Lane and the wetland area east of Revere Lane. Attached are the pages of the development contract which require revision. The document, as originally prepared, indicates that previously approved by the City Council and the revisions have been inserted. 411'r - Fred G. Moore, P.E. FGM:kh attachment: Resolution Development Contract Pages s rAm 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: C* adoption: XXX meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - REVISING DEVELOPMENT CONTRACT FOR PRIME WEST BUSINESS PARK 2ND ADDITION FOR PRIME DEVELOPMENT CORPORATION (88058) WHEREAS, by Resolution No. 88-350 adopted on June 20, 1988, the City Council approved the development contract for Prime West Business Park 2nd Addition; and WHEREAS, Prime Development Corporation has requested a revision to that development contract revising their obligation on their portion of the assessment for part of Revere Lane; and WHEREAS, the City is in agreement with this revision. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the development contract for Prime West Business Park 2nd Addition is revised in accordance with the revised development contract dated August 1, 1988. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. ACX iC )YX .X 4 e Cit CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA CONTRACT FOR COMMERCIAL - INDUSTRIAL DEVELOPMENTS CITY PLAT NO: 88058 CONTRACT NO: 88058 Zt+:S44 Avj.4+ 1, tot 96 DATE: THIS AGREEMENT, made this day of 19 between the City of Plymouth, Minnesota, acting by and through its Mayor and City Manager, herein called the "City" and Prime Development Corporation herein called the Developer. WITNESSETH: In consideration of the City accepting the plat of Prime West Business Park 2nd Addition Subdivision, the Developer shall provide water systems, storm sewers, sanitary sewers, and street improvements including concrete curb and gutter and other miscellaneous work, all in conformance with City adopted Guide Plans, and more specifically as outlined in the Special Conditions of this Contract and the approved plans and specifications. The Developer shall provide the City with plans and specifications prepared by a Registered Professional Engineer, subject to review and written approval by the City Engineer. Said plans and specifications are hereby made a part of this contract and shall be prepared in conformance with the "Manual of Engineering Guidelines, City of Plymouth Engineering Department" (current edition). It is agreed that all labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications prepared by McCombs Frank Roos Associates, Inc. dated May 13, 1988 and Revisions as approved by the City Engineer and on file with the City Clerk. No deviations from the approved plans and specifications will be permitted unless approved in writing by the City Engineer. The Developer agrees to furnish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by this contract. It is further agreed that the Developer, through his Engineer, shall provide all staking, surveying and resident inspection for the above described improvements in order to insure that the completed improvements conform to the approved plans and specifications. The City will provide for general inspection and shall be notified of all tests to be performed. It is agreed that the estimated cost of such improvements, including charges of the City for legal, planning, engineering services, inspection, supervision and administration costs, shall be included in the total cost of all improvements 8. E3. (continued) lith Ave. (648) ESTIMATED COSTS Revere Lane (815) ITEM Public ( 1) Public ( 2) Private 3. 1)Street and Utilities It1 6.936 Construction $++- 2)Street Construction Sanitary Sewer System Watermain System Storm Sewer System Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Park 6 Trail Improvements Site Grading & Drainage Improvement SUB -TOTAL: 45,200 5,400 11,600 19.200 0- 3 `t 6,93C 81.550 3,700 0- 0- 0- 65.300 69.000 Total 744,133 45,200 5,400 11,600 19,200 3,700 0- 150 0- 65,300 1 9 Z1 4 d6 Design, Admin., Insp., As-Builts (126) -0- 9,786 8,280 18.066 31?6,536 014S,SJZ TOTAL: $4 4 4-9r9 $ 91,336 $ 77,280 -$9i R_, 3116,936 S19H,Z34 1) Public Improvement Projec 648 and 815 City to own and/or maintain after development completed. 3 x 25% _ cash deposit or assessment guarantee ofx 606 = (letter of credit) for the first two years of the assessment. 446G,161.6o 2) Public Improvements. City to own and maintain after development complete. 3) Private - Property owner and/or property owners' association to maintain after development completed. Letter of Cash Credit Total 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning $ 1,000 $ 45,000 $ 46,000 11 8.2 The water and sani' ry sewer area type assessments, street, concrete curb and gutter and uti cies for Project No. 648 and t for this development are as follows: Watermain Area 3.97 acres x $2,060/acre = $ 8,178.20 Sanitary Sewer Area 3.97 acres x $ 385/acre = $ 1,528.47 Total Area Assessments $9,706.65 Project 648 Estimated Assessments $165,377 Project 815 Estimated Assessments C II,SS9 Total Estimated Assessments $;44,1 -7-1 6, `136 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to the area charges and projects 648 and 815. The assessments for Projects 648 and 815 will be spread equally by area over all of Outlot B, Prime West Business Park Addition, Lot 1, Block 1 and Outlots A and B, Prime West Business Park 2nd Addition. N•ne of t ,C. a.SS ttS mb.+J W;11 e SIF—J O^ O"f 1. A3 C.,a 0 pr: h+C we1} 13 V4; %C's psrK Quo The water and sanitary sewer Residential Equivalent Connection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. y __ - _._ I • . _5 • , The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The Developer shall be responsible for keeping streets within and without the subdivision swept. clean of dirt and debris that may spill or wash onto the street from his operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for reshaping said streets because of snow plowing operations, and if they are requested and providing snow blowing service, does not constitute final acceptance of said streets. 9.1 The developer shall contract for street cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. The City of Plymouth will accept complete construction improvements as listed in Paragraph 1 in units of one (1) block which have been completed in accordance with the provisions of this contract. The Developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the Developer. The Developer shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar "as -built" reproducibles for all phases of construction included in this contract. 12 6 LAW OFFICES LEONARD, STREET AND DEINARD SIDNEY LO BER* EDWARD M. MOERSFELOER' SIDNEY BARROWS' ROBERT LEWIS BARROWS' HAROLD D. FIELD, JR.' KENT E. RICHEY ALLEN I. SAEKS' HUGH M. MAYNARD* THOMAS D. FEINBERG* JOHN C. KUEHN MORRIS M. SHERMAN' BRADLEY J. GILLAN GEORGE REILLY' MICHAEL A. NEKICH' CHARLES K. DAYTON MARTHA C. BRAND' DAVID N. COX' DAVID N. HAYNES STEPHEN R PFLAUM• CAROLYN CHALMERS CHARLES A. MAYS' JAMES V. ROTH' LOWELLJ. NOTEBOOM' ROBERT L. DCMAY GEORGE F. MCGUMNIGLE, JR.• ANGELA M. SOHMANN RICHARD G. PEPIN, JR. ROBERT P. TRAVIS' FREDRIC T. ROSENBLATT' JAMES G. BULLARD* BYRON E. STARNS• JOSEPH M. FINLEY' JOHN H. HERMAN LAWRENCE J. FIELD STEVEN O.DCRUYTER' DAVID W. KELLEY JAMES R. DORSEY RICHARD RAPSON KATHLEEN M. GRAHAM MARK S. WEITZ' STEPHEN J. DAVIDSON' DAVID L. LILLEMAUG STEPHEN R. LITMAN* DAVID C. ZALK• CO -..T... VIA MESSENGER SUITE 1500 100 SOUTH FIFTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE (612) 337-1500 TELECOPIER (612) 337-1657 INCLUDING THE PRACTICE OF THE FORMER PEPIN DAYTON HERMAN & GRAHAM, P.A. Fred Moore Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 July 19, 1988 GEORGE B. WYETH PEDER A. LARSON DAVID KANTOR NANCY WILTGEN REIBERT MICHAEL L. BERDE VIRGINIA B. CONE LOWELL V. STORTZ CATHARINE BOSCHEE DOUGLAS B. GREENSWAG MICHELLE A. MILLER ELLEN SAMPSON MARC D. SIMPSON MARGARET M. VAN VALKENSURG SHAUN C. MCELHATTON ANGELA M. CHRISTY JAMES A. BARNUM ROSANNE NATHANSON SHERRI L. KNUTH GEORGE S. LEONARD IIB]2-19561 MICHAEL G. TAYLOR ARTHUR L. H. STREET IIBTI19611 JOHN W. GETSINGER BENEDICT DEINARD 11899-1969 1 THOMAS P. SANDERS AMOS S. DEINARD (I896 -1985) ROBERT ZEGLOVITCH TIMOTHY WELCH ELIZABETH M. NIMMO GREGORY C. BROWN IRENE SCOTT SUSAN M. ROBINER M. PATRICIA SCHAFFER ROGER DUNEKACKE DANIEL D. FOTH DEBRA G. STREHLOW Or COV.SC WRITER'S DIRECT DIAL NUMBER 612) 337-1620 Re: Contract for Commercial -Industrial Developments between City of Plymouth and Prime Development Corporation dated June 8, 1988, Contract No. 88058 Dear Mr. Moore: Pursuant to our telephone conversation on July 14, 1988, I am enclosing the following: 1. Letter from Prime Development Corporation requesting that the above contract be amended to provide that Prime Development Corporation will pay one-third of the cost of constructing the street and utility improvements designated as Segments E and F and the Feasibility Study and Report for City Project No. 815, T.H. 55 and Revere Lane Area Street and Utility Improvements, Plymouth, Minnesota, dated April, 1988 and prepared by Stragar-Roscoe-Fausch, Inc., consulting engineers (the Feasibility Study") instead of 30% currently provided in the Contract and that the contract also be amended to provide that no assessments for Revere Lane will be imposed on Outlot C. 2. Proposed letter for your signature indicating your willingness to recommend the amendment to the Contract. Ryan Construction Company has requested this letter prior to signing the Contract for Deed with Prime Development Corporation. Fred Moore July 19, 1988 Page Two If you have any questions please let me know. We sincerely appreciate your assistance. DK/C2:dk6/cros Enclosures cc: N. Patrick Hagan Timothy Murphy Very truly yours, LEONARD, STREET AND DEINARD rl BY David Kantor PRIME DEVELOPMENT CORPORATION 6442 City West Parkway Eden Prairie, MN 55344 Fred Moore Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Contract for Commercial -Industrial Developments between City of Plymouth and Prime Development Corporation dated June 8, 1988, Contract No. 88058 Dear Mr. Moore: By this letter we are requesting that the above contract be amended to provide that Prime Development Corporation will pay one-third of the cost of constructing the street and utility improvements designated as Segments E and F and the Feasibility Study and Report for City Project No. 815, T.H. 55 and Revere Lane Area Street and Utility Improvements, Plymouth, Minnesota, dated April, 1988 and prepared by Stragar-roscoe-Fausch, Inc., consulting engineers (the "Feasibility Study") instead of 30% currently provided in the Contract and that the contract also be amended to provide that no assessments for Revere Lane will be imposed on Outlot C. Very truly yours, PRIME DEVELOPMENT CORPORATION By E --,- Its C2:34 P R ! Al E coostructiou companyQYANOFMINNESOTAINCORPORATED July 20, 1988 Mr. Fred Moore Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: CITY PROJECT NO. 815 T.H. 55 AND REVERE LANE STREET AND UTILITY IMPROVEMENTS Dear Mr. Moore: This letter is to confirm and acknowledge the agreement between Ryan Construction Company of Minnesota, Inc., and Prime Development Corporation regarding participation in assessments for the cost of certain work in the above referenced project. The Strgar-Roscoe-Fausch, Inc., feasibility study and report for Project #815 dated April 1988 identified and broke the project down in various segments. A. Ryan and Prime have agreed that their respective properties are to be assessed 50% of the cost of work in Segment "C". B. Ryan's property is to be assessed two-thirds and Prime's property is to be assessed one-third of the cost of the work in Segment "E". Ryan and Prime have further agreed that if and when traffic conditions warrant and the work for the remainder of Revere Lane to Tenth Avenue identified as Segment F) is completed, their respective properties would be assessed on the same Ryan two-thirds and Prime one-third basis. Other costs, other than Segment D, relative to Project No. 815, if any, are to be split 50/50. Sincerely, RYAN CONSTRUCTION COMPANY MINNESOT 'IN . Alan W. Schackman Vice President AWS14/12/ss cc: Tim Murphy Pat Hagen Pat Ryan David Kantor Matt Seltzer 700 INTERNATIONAL CENTRE, 900 SECOND AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612/339-9847 FAX 612/337-5552 July 21, 1988 CITY a PUMOUTR Ryan Construction Company of Minnesota, Inc. 700 International Centre 900 Second Avenue South Minneapolis, Minnesota 55402 Prime Development Corporation 6442 City West Parkway Eden Prairie, Minnesota 55344 Re: Contract for Commercial -Industrial Developments between City of Plymouth and Prime Development Corporation dated June 8, 1988, Contract No. 88058 To the Above -Named Addressees: This is to confirm that the City Engineers will recommend to the City Council'of the City of Plymouth that the above contract be amended to provide that Prime Development Corporation will pay one-third of the cost of constructing the street and utility improvements designated as Segments E and F in the Feasibility Study and Report for City Project No. 815, T.H. 55 and Revere Lane Area Street and Utility Improvements, Plymouth, Minnesota, dated April 1988, and prepared by Stragar-Roscoe-Fausch, Inc., consulting engineers (the "Feasibility Study") instead of the 30% currently provided for in the Contract. Very truly yours, Fred G. i,toore , P. E. Director of Public Works FGP•9/ sm 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 ki MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 27, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager Through Fred G. Moore,irector of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: PUBLIC HEARING TO VACATE A DRAINAGE AND UTILITY EASEMENT IN LOT 4, BLOCK 1 - RYAN BUSINESS CENTER ACTION REQUESTED: The developer has requested that the City Council set a public hearing to consider the vacation of a drainage and utility easement as described in the attached resolution which is part of Lot 4, Block 1, Ryan Business Center. This drainage and utility easement has been relocated due to revisions in a proposed parcel split within this lot and block. This is more clearly shown in the attached maps describing how the drainage and utility easement will be revised between the parcel splitting Lot 4, Block 1 in Ryan Business Center. RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council adopt the attached resolution setting a public hearing to consider vacaton of the drainage and utility easement as set forth by the legal description shown on the resolution. We have previously recorded the drainage and utility easements as revised. Chester J. Harrison, Jr., CJH:kh attachments: Resolution Maps - 2 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: XXX its adoption: introduced the following Resolution and moved RESOLUTION NO. 88 - ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT IN LOT 4, BLOCK 1 - RYAN BUSINESS CENTER WHEREAS, pursuant to M.S.A. 412.851, has petitioned the City Council for the vacation of the following drainage and utility easement: The East 6.00 feet of that part of Lot 4, Block 1, Ryan Business Center, Hennepin County, Minnesota lying West of the following described line: Beginning at a point in the South line of said Lot 4 a distance of 285.00 feet West of the Southeast corner of said Lot 4; thence North to a point in the North line of said Lot 4 a distance of 290.12 feet West of the Northeast corner of said Lot 4 and there terminating. ITS] The West 6.00 feet of that part of Lot 4, Block 1, Ryan Business Center, Hennepin County, Minnesota, lying East of the following described line: Beginning at a point in the South line of said Lot 4 a distance of 285.00 feet West of the Southeast corner of said Lot 4; thence North to a point in the North line of said Lot 4 a distance of 290.12 feet West of the Northeast corner of said Lot 4 and there terminating. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of August 22, 1988 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 7Yst txxX W V OO IbOs i. al' ;I HE S. r—I% Propose. Relocation a lose menf' 46 25 V i w la S •. 40' S DOC. NO. 1122461 NATHAN 1-su. 07' o 1 DOC. 240. 11246M 50.53' 07.9_ 47.85 1240.40 60' a 0 w r 0 m pr 6N. 66 Y V Prorosed VO, COLi of C X i ST i nq i'dsemfAt DOC -NO. H22461 NIA T H A N "334-03' DOC. NO. 1 124666 50.531 Q7• No• 1 1• . 1240.40 2689.42' P 6 46 25 A, * ` z I MEMO CITY OF PLYMOUTH - Q 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 28, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: APPROVE PLANS AND AGREEMENT WITH HENNEPIN COUNTY TRAFFIC SIGNAL AT COUNTY ROAD 9 AND FERNBROOK LANE CITY PROJECT NO. 764 ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution approving the construction plans and construction agreement for the installation of a traffic signal on County Road 9 at Fernbrook Lane. BACKGROUND: In March 1988, the City requested that Hennepin County install a traffic signal on County Road 9 at Fernbrook Lane. Previous traffic studies have indicated that this intersection warranted a traffic signal. The County has completed the construction plans and an agreement between the City and the County for the installation of the traffic signal. This signal is termed a temporary signal which would be replaced at the time County Road 9 is reconstructed. In accordance with adopted County policy, the City is required to pay the full cost of the temporary signal, but we received credit in this amount towards the installation of a permanent traffic signal when the roadway is reconstructed. The estimated cost for the traffic signal is $30,000 for construction and 4,200 for engineering costs for a total of $34,200. The City Council has previously authorized $30,000 for the construction of this signal when the request was made to the County, and therefore, an additional $4,200 is all that requires authorization. It is recommended that the funds be provided from our Municipal State Aid Account. The County would complete the necessary roadway work and the installation of the traffic signal this fall. Fred G. Moore, P.E. FGM:kh attachment: Resolution E y 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: , I The following members were absent: XX X introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING PLANS AND AGREEMENT FOR TRAFFIC CONTROL SIGNAL COUNTY ROAD 9 AT FERNBROOK LANE CITY PROJECT NO. 764 WHEREAS, Plans for Hennepin County Project No. 8802 showing proposed traffic control signal installations on County State Aid Highway No. 9 and Fernbrook Lane, within the limits of the City, have been prepared and presented to the City; and WHEREAS, Agreement for participation in the construction and operation of traffic control signal system on County State Aid Highway No. 9 at Fernbrook Lane, Hennepin County Project No. PW 53-17-88 has been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said Plans and Agreement be in all things be approved. BE IT FURTHER RESOLVED, That the Mayor and City Manager are authorized to sign Agreement No. PW 53-17-88, Hennepin County Project No. 8802. FURTHER, That additional funding in the amount of $4,200 is provided from the City's Municipal State Aid Account. 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 7C XXX Agreement No. PW 53-17-88 County Project No. 8802 County State Aid Highway No. 9 City of Plymouth County of Hennepin AGREEMENT FOR PARTICIPATION IN THE CONSTRUCTION AND OPERATION OF TRAFFIC CONTROL SIGNAL AGREEMENT, Made and entered into this day of 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Plymouth, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, It is considered mutually desirable to install a temporary traffic control signal at the intersection of County State Aid Highway No. 9 at Fernbrook Lane North within the City limit; and WHEREAS, The City has expressed its willingness to participate in the construction and operating cost of said signal; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.17, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: 0 The County shall prepare the necessary plans, specifications, and proposals; shall perform the required engineering and inspection; and shall install a temporary traffic control signal at the intersection of County State Aid Highway No. 9 at Fernbrook Lane North. Such installation, as described immediately above, shall tie 1- Agreement No. PW 53-17-88 , identified and accomplished under Hennepin County Project No. 8802 hereinafter referred to as the "project", all in accordance with said project plans and specifications which plans and specifications are by this reference made a part hereof. II The term "specifications" as used herein shall mean the 1983 Edition of the Minnesota Department of Transportation "Standard Specifications for Construction" and all supplements thereto and the project special provisions. III The City agrees that any City license required to perform electrical work within the City shall be issued at no cost to the County. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. IV The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the , controller cabinet of the project at the sole cost and expense of the City. The City shall provide the electrical energy for the operation of the traffic control signal to be installed under the project, all at the sole cost and expense of the City. V The construction cost of the project shall be the cost of all contract work and County supplied materials required to complete the project. i Agreement No. PW 53-17-88 The estimated construction cost of this project is $20,000.00 (contract work) and 10,000.00 (County supplied materials) for a total cost of $30,000.00. It is understood that this estimate is for information purposes only. VI The City shall reimburse the County for one hundred percent (100%) of the total construction cost of the project. In addition to payment of the City's construction cost, the City also agrees to pay to the County a sum equal to fourteen percent (14%) of the construction cost, it being understood that said additional payment by the City is its share of all engineering costs incurred by the County in connection with the work performed under this agreement. The City shall remit the total payment in full to the County within thirty (30) days after receipt of the County's final, itemized statement of the project cost. Such amount shall be payable to the Hennepin County Treasurer. VII It is further agreed that the amount expended by the City for this temporary signal is directly applicable as credit toward the City's share in a permanent signal when such a device is installed at this intersection. VIII The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal may be directly involved in an emergency. 3- 0 Agreement No. PW 53-17-88 s IX Upon completion of the work, the County shall maintain and repair said traffic control signal at the sole cost and expense of the County. X The construction of this project shall be under the supervision and direction of the County. However, the City Engineer shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. XI It is further agreed that the County shall not be responsible or liable to the City or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the City as provided for herein; and the City further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance hereunder by the City. It is further agreed that the City shall not be responsible or liable to the County or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the County as provided for herein; and the County further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance hereunder by the County. 4- ,1 4 Agreement No. PW 53-17-88 XII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. 5- Agreement No. PW 53-17-88 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. Seal) CITY OF PLYMOUTH By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: By Clerk of the County Board Chairman of its County Boar Date: Upon,proper execution, this agreement will' be, legally valid and binding. i Y. , Asses ant County At orne j Date: Approved as to execution By: Assistant County Attorney Date: Date: And: Associate County Administrator and County Engineer Date: RECOMMENDED FOR APPROVAL By: Director, Department of Transportation Date: V MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 28, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: CONSTRUCTION COOPERATIVE AGREEMENT COUNTY ROAD 6/I-494 CITY PROJECT NO. 250 ACTION REQUESTED: It is recommended that the City Council adopt the attached resolution authorizing the Mayor and City Manager to execute the agreement between the City and County for the reconstruction of the County Road 6/I-494 bridge and roadway project. BACKGROUND: The City has prepared plans and received bids for the first phase of the County Road 6/I-494 Interchange project. This project is for the reconstruction of County Road 6 between Fernbrook Lane and approximately Xenium Lane and also includes the replacement of the existing bridge over I-494. Since this construction is on a County road, it requires an agreement between the City and the County and the County has prepared their standard agreement. The agreement references the plans which have been prepared by the City and approved by the County. Fred G. Moore, P.E. FGM:kh attachment: Resolution 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 - CONSTRUCTION COOPERATIVE AGREEMENT COUNTY ROAD NO. 6 CITY PROJECT NO. 250 WHEREAS, the City proposes to improve that portion of County State Aid Highway No. 6 between 950 feet west of Fernbrook Lane and 190 west of C.S.A.H 61 as shown on the City's plans for City Project No. 250, which improvement contemplates and includes, grading, drainage, bituminous surfacing, bridge approaches, bridge removal and other related improvements; and WHEREAS, the County has jurisdiction over County road; and WHEREAS, an agreement is necessary between the City and the County for said construction and the County has prepared Agreement No. PW28-17-88 and presented it to the City. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That said agreement be in all things be approved. BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to sign Agreement No. PW28-17-88 on behalf of the City. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX Agreement No. PW 28-17-88 County Project No. 8526 County State Aid Highway No. 6 City of Plymouth County of Hennepin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT, Made and entered into this day of 19 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Plymouth, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The City proposes to improve that portion of County State Aid Highway No. 6 between 950 feet west of Fernbrook Lane and 190 feet west of CSAH 61 (Engineer's Stations 97+50 to 131+80) as shown on the City's plans for City Project No. 250, also known as County Project No. 8526, which improvement contemplates and includes, grading, drainage, bituminous surfacing, bridge approaches, bridge removal and other related improvements; and WHEREAS, The County has jurisdiction over County Roads; and WHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. SEC. 162.61, Subd. 1 and SEC. 471.59. NOW THEREFORE, IT IS HEREBY AGREED: I The construction of this project shall be under the supervision and direction of Plymouth's City Engineer. However, the County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the work. The City Engineer shall certify the construction to the District State Aid Office upon completion of the work. Agreement No. PW 28-17-88 II The City agrees that any City license required to perform electrical work within the City shall be issued at no cost. Electrical inspection fees shall be not more than those established by the State Board of Electricity in the most recently recorded Electrical Inspection Fee Schedule. III The City shall install, or cause the installation of an adequate three wire, 120/240 volt, single phase, alternating current electrical power connection to the controller cabinet at its own sole cost and expense. The City shall also provide the electrical energy for the operation of the traffic control signal to be installed at its own sole cost and expense. IV Upon completion of the work, the County shall maintain and repair said traffic control signal at the sole cost and expense of the County. Further, the County, at its expense shall maintain 110 volt power to the line side of the fuse in the base of the signal poles for the integral street lights. The City, at its expense, shall maintain the fuse, the luminaire and the wire to the load side of the fuse in the base of the signal poles for the system. V The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal may be directly involved in an emergency. Agreement No. PW 28-17-88 VI The City agrees to grant highway easements to the County over those lands owned by the City that are a part of the required right of way for said Project No. 8526. Said easements shall be granted at no cost to the County. VII The County grants the City permission to construct the project as shown in the City's plans. All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. VIII The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highways included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. IX It is agreed that the City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. X Upon completion of the project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on -street parking on those portions of County State Aid Highway No. 6 constructed under this project recognizing the concurrent jurisdiction of the Sheriff 3- Agreement No. PW 28-17-88 of Hennepin County. Any modification of the above parking restrictions shall not be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. XI It is understood and agreed that upon completion of the improvement proposed herein, all concrete sidewalk, watermain and sanitary sewer included in said improvement shall become the property of the City and all maintenance, restoration, repair or replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described sidewalk, watermain and sanitary sewer maintenance, existence, restoration, repair or replacement by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action and expenses including, without limitation, reasonable attorney's fees, witness fees, and disbursements incurred in the defense thereof) arising out of negligent performance by the City, its officers, agents or employees. XII It is further agreed that the County shall not be responsible or liable to the City or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the 4- r1 t Agreement No. PW 28-17-88 performance of any work or part hereof by the City as provided for herein; and the City further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance hereunder by the City. It is further agreed that the City shall not be responsible or liable to the County or to any other person or persons whomsoever for claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the County as provided for herein; and the County further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance hereunder by the County. XIII It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not he considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the 5- ti=1 Agreement No. PW 28-17-88 Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. XIV The provisions of M. S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set forth herein. Agreement No. PW 28-17-88 IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF PLYMOUTH Seal) By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN ATTEST: BY Clerk of the County Board Chairman of its County Board Date: Date: And: Upon proper execution, this agreement Associate County Administrator will be legally valid and binding. and County Engineer By: _r.. Date: _ Assis ant County Attorney Date: ` I Approved as to execution By: Assistant County Attorney Date: RECOMMENDED FOR APPROVAL By: Director, Department Transpor ation Date: ov MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 26, 1988 For City Council Meeting of August 1, 1988, J TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: INSTALLATION OF STOP SIGNS ACTION REQUESTED: The City Council adopt the attached resolution authorizing installation of stop signs at various locations within the City. BACKGROUND: On July 7, 1988, I received a request from the Swan Lake Homeowner's Association asking that stop signs be placed within their development: 1. I have reviewed the intersections of 43rd Avenue North and Norwood Lane with respect to the installation of stop signs. Due to the through traffic on 43rd Avenue and some degree of sight obstruction, it is recommended that stop signs be placed at the north and southbound access to this intersection from Norwood Lane. 2. Also, there is a request for a stop sign to be placed at 44th Avenue and Oakview Lane. This is a three-legged intersection with southbound Oakview Lane intersecting 44th Avenue. Based on the geometrics at this intersection and potential confusion as to who has the right-of-way it is recommended that a stop sign be placed on southbound Oakview Lane at this intersection. It should be noted that this approach to the intersection tees into 44th Avenue. Written request has also been received to install a stop sign at the intersection of Shadyview Lane and 31st Avenue (Hughes Addition). I have reviewed this intersection and found that there are large evergreen trees at the southeast corner of this intersection as well as along Shadyview Lane. Based on limited visibility, it is recommended that a stop sign be placed on westbound 31st Avenue at the intersection of Shadyview Lane. It should also be noted that this information has been forwarded to the Building officials due to some of the obstruction being in the site corner setback area. Installation of Stop Signs July 27, 1988 Page 2 A request has been received to provide traffic control at the intersection of 46th Avenue, 45th Avenue and Minnesota Lane (Tyrell Addition). I made a physical inspection of this site and found that there is limited visibility for eastbound traffic on 46th Avenue. Ultimately the through traffic will be on 45th Avenue and Minnesota Lane with 46th Avenue teeing into that intersection. Based on this information and the geometrics of the intersection, it is recommended that a stop sign be placed on eastbound 46th Avenue at the intersection of 45th and Minnesota Lane. RECOMMENDATIONS AND CONCLUSIONS: Based on my investigation of these intersections and the need for approved traffic control, it is recommended that the stop signs be installed as contained in this memo. Chester J. Harrison, Jr., P.E. CJH:kh attachment: Resolution W 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: XX7Y its adoption: XT X XXX introduced the following Resolution and moved RESOLUTION NO. 88 - INSTALLATION OF STOP SIGNS WHEREAS, in order to provide for orderly movement of traffic and provide for the safety of the public, it is recommended that stop signs be placed on certain locations; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That stop signs be installed at the following locations: 1. On Norwood Ave. at 43rd Ave. 2. Oakview Lane on the southbound approach to the intersection of Oakview Lane and 44th Avenue. 3. 46th Ave. on the eastbound approach to the intersection of Minnesota Lane and 45th Avenue and 46th Ave. 4. On 31st Avenue at Shadyview Lane. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX X)C SC X C A U2 SEC. f9 F. f fI f ff. 22 w D2 w ,r. 45 i 290. T A.S. r Is' i V (>O) A 91 , yt (•6) l2) 1 •• 1] a, s t ] Ivr au 1161 ' (29). un . x`l27) .. .n. a• - • • p w ' o-rl , qy1( 1u n r. ^s n •• n r _ I 11.1- lAr- , r y. ry.:'Ar, r r Iwl- Iv, ml x1 >•. e' 1tt1 1D lv a n iq. A x0 . t u•r n R 1 iPt- fl) . i-" r n N n . 1J II 1, Imp 9 •. a 4 I u _ _ '• ." ...q lK) 1e71' Ini - C , .. fM) _- (29)" (]O) (]il- (72I- l33) (SDI' l5U e(l leg) & ; q v. a•. , r ( 7 lee) ? ,n b rly•tynHt ' • l75) . i k•,.l]e•s)§'' ^ r»' oDtto' t Inl _ nr~' • isn± s.' . p9A. ' i r/+ /,'+ •— aM.'. N. '1P' + Fr•8a:' R µk 1N , r A•N. 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U) _ l61 (5>_ (l) (iq lar- ux_ e,t+'a a' ' of 1 - s•a v '!jlf Q =9 Iop R y'' r.]-_ p f S.T' 1• A I w t y. r IA. _, ( 101 _; = ADD YI aw s (,) .t 1'\\ 191 lar- Inl- lui- Im. ls•) '-a1 yb_Y9)'- q (7) _ a 1 _ s..--- hfi--'jd-4--zy3•r v e rr r '• 0N e. n.•+ ' tm .•]° . x'.y i,:..' ; ` - l l) x ] jj¢¢ • _ s - l'6I 1191 E (70) (2 `] 66 46 •6 i 1 (15) (161- (i)) (161_ 1+91 FT( i) (3) I (.) (5) l6) n ( 17) w•.» 1600.69' WS 1605.91' RES. ACREAGE - - - - f- it ,- i- i- ,- (' (' - ( (' r' r' (' (' (' (' (' (' ( (' (' c ('R R R R R (10 n, Op V V V V ti• 4 a V V 4 L• La AA V i. V ,L7 v v a. v v T' v iv i. r v iv iv iv M N",T A LECALL I PECORDEC fAAPjI III OWILAIM#J OFINFORM ON I, AND iurE HE P 'OIJPCE 76e3 1c, Ks 11nn w, 'Q C C C G PS V 9 6 90 4 44A V V 4 V V V AA AA AA iA IA IA 'A IA dA dA S. U2 SEC. 99 F. f 10 ff . 22 O 447TH7TH A 1W I - Int IKI Avplr9 R WG 9 I -------_- StOR SCG I E............. 1514 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 27, 1988 For City Council Meeting of August 1, 19818 TO: James G. Willis, City Manager Through Fred G. Moore,iDirector of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: ACCEPTANCE OF PLANS AND ADVERTISEMENT FOR BIDS FOR 10TH AVENUE - NORTH OF HIGHWAY 55 CITY PROJECT NO. 648 REVERE LANE - HIGHWAY 55 FRONTAGE ROAD CITY PROJECT NO. 815 ACTION REQUESTED: We have received the final plans and specifications for the above project. The necessary right-of-way is presently being dedicated for 10th Avenue. All of the right-of-way for Revere Lane and the frontage road has been deeded through platting. We are confident that we will have the assigned right-of-way prior to awarding of this contract. If for some reason this does not happen, the special provisions of the project specified state that the owner reserves the right to withhold the notice to proceed. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the Council adopt the attached resolution which approves these plans and specifications, orders advertisement for bids, with bids to be received on September 1, 1988. Chester J. rison, Jr., P. CJH:kh attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: xxir ic c'c x:c:: introduced the following Resolution and moved its adoption RESOLUTION NO. 88 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 10TH AVENUE IMPROVEMENTS - NORTH OF HIGHWAY 55 CITY PROJECT NO. 648 REVERE LANE - HIGHWAY 55 FRONTAGE ROAD CITY PROJECT NO. 815 WHEREAS, pursuant to a resolution passed by the Council on June 15, 1987, and May 16, 1988, the City's Consulting Engineer, Strgar-Roscoe-Fausch, Inc., has prepared plans and specifications for the improvements of 10th Avenue, Revere Lane and Highway 55 frontage road including the installation of watermain, sanitary sewer, storm sewer and street improvements for these roadways and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published once, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on Thursday, September 1, 1988 at which time they will be publicly opened in the Council Chambers of the Plymouth City Center Building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Manager and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. 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. Y X)C X)C )t CXX 0 FA m. Z a/ N i = ONd1/1313 U OyS NYS I O J1. :c ren -•rte• .. • . ri 3NO N30-100 Q 1-u-t•f-IQ' '1 /i P4 W a m K cti r H H Z w cc Nw 0 co w Z o LU OM o w Z N O > oprO d d D 0 LL U go - c W 1 / r J` N 1 l A" Y m p v cc o a z 1 w CL V w LL u. c) O UL cc C/) W U W o c go - c J` N 1 l A" U, c M p v a3 v V MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 26, 1988 For City Council Meeting of August 1, 1988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: SETTING OF PUBLIC HEARING TO VACATE 41ST AVENUE WITHIN WILLOW MEADOWS SUBDIVISION (88035) ACTION REQUESTED: The developer has requested that the City Council set a public hearing to consider the vacation of 41st Avenue within the Willow Meadows Subdivision west of Vicksburg Lane. This right-of-way has been revised to conform with the proposed plat under consideration by the City Council presently. As shown on the attached map, the new proposed right- of-way overlays a portion of the old 41st Avenue, but to simplify this vacation the entire right-of-way is under consideration for vacation. RECOMMENDATIONS AND CONCLUSIONS: I recommend the City Council adopt the attached resolution setting the public hearing for this vacation set forth by the legal description shown on the resolution. mos-wm I-IF4- X- - - W- Y4 10. CJH:kh attachments: Resolution Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: its adoption: I introduced the following Resolution and moved RESOLUTION NO. 88 - ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF 41ST AVENUE WITHIN WILLOW MEADOWS WHEREAS, pursuant to M.S.A. 412.851, Wayzata Public Schools and New Ventures Christian Church have petitioned the City Council for the vacation of the following vacation of 41st Avenue within Willow Meadows Addition. Public right-of-way for 41st Avenue as shown on the Willow Meadows plat of record. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of August 22, 1988 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provided by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX YXX XXX i I 163°39' Id'W 72.07 i I rl i _35 1 1 L -,3 1\ 4_g 00 88v ( So 4 0'06 72.4, 3e oNo 9 o 586° 13'55"W 645.40 °o S4.9990- O S'Ir R/W 6nt '/4 , C.. S1o1e A;4 5633 fL: Si C.953o•.' i ;_.9 a 593.01... ` V z 9' 0- Ft 43,000° ( T42F I 1I Me/ro o%'fon Was/e fm 15 836 1 onfro/ Commission -1 Sonilory Sewer eose~n I I par Doc No. 4926380 L__ 14e —_J I 4 44 Ac.: ! W I z I is,000 MI i ?~ i' 2 Q I o 12 oI l ', i so 1 27,340 SoclJ1, -I I \ 0sJ of L 14 I _44 O v 1 3 Ln V 7w 127' 36o`" ` ;Z I 15,000°` -1 .- ri l7 Ci LU a P OD i2a Soo° L ' z" 298' I L- — f- ='• - e '- - -9s _ o I w WB'-- t .. --' ls' Eos* ,.. N --z7.34-- 4157 AY Al 3 UTILITY EASEMENT I UNDE.RL`(IN& 41 SS AVENUE NORTH, WILLOW I I MEADOWS, To 6E VACATED 1 RE PLATTED. t, v I I 60 IJ I la•D\ N893/'!/E_ I 'g0, 00 GG 11IT' 3 D , t s.to yew M 4 I p n UI N N \ N 495.00 --- 1,276.0 S0 — 1 l North A. 6000 I P 41 "E 1331 07 ....... / -.-, \ — — SOu/A ine o E of NE A9 of .Sec. f% V Sed /7 7. iann. Pa. 0 Denotes iron rnonurrnent y ta PUBLIC SCHOOLS pendent School District 284 DISTRICT ADMINISTRATIVE OFFICES 210 NORTH STATE HIGHWAY 101 P.O. BOX 660 WAYZATA, MN 55391-9990 (612) 476 -310 - June 23, 1988 4l ` Mr. James Willis, City Manager ;<r City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 SUBJECT: Plymouth Creek Elementary School Plymouth, Minnesota Dear Mr. Willis: On March 31, 1988, Wayzata Independent School District No. 284 submitted a Planning and Zoning Application" for construction of an elementary school on an 18.0 acre segment of land lying in the southwest quadrant of Old County Road 9 and Vicksburg Lane. Requested actions under the application included: 1) Preliminary Plat Approval 2) Conditional Use Permit 3) Site Plan Review 4) Vacation of 41st Avenue North and vacation of Public Walking Easement on Outlot A to Willow Meadows (Plat). 5) Dissolution of Willow Meadows P.U.D. By City of Plymouth Engineers Memo dated June 16, 1988, item 9, we were advised that it is the owner's responsibility to submit a separate petition as well as legal descriptions of easements proposed to be vacated*. Please accept this correspondence as the Wayzata Independent School District No. 284 petition for the vacation of 41st Avenue North described as: That part of 41st Avenue North as dedicated in the plat of WILLOW MEADOWS, according to the recorded plat thereof lying westerly of the southerly extension east line of Outlot A, said 4ILLOW MEADOWS." The vacation would be subject to the filing of Willow Meadows Second Addition. A copy of the Willow Meadows plat with the location of the vacation shaded is attached for your reference. Property Fee Owner for Outlot C, Willow Meadows, is Dean and Peggy Johnson but it is anticipated that fee title will be transferred to the school district prior to vacation action by the City Council. Christian Church Midwest, owner of Outlot B, Willow Meadows plat, will be forwarding separate correspondence substantiating their co -petition for the street vacation. Outlot A to Willow Meadows was transferred to the City of Plymouth by Warranty Deed Document No. 4826434 dated August 15, 1983 for use as a public bike path. The development plan proposes abandonment of the bike path in favor of a new 30 foot wide bikeway easement aligning with the existing bike path on N 011 6 Mr. James Willis, City Manager June 23, 1988 Page Two the east side of Vicksburg Lane and extending westerly along the north and easterly bank of Plymouth Creek to the north line of the school site and thence westerly across the creek to the west line of the plat. A copy of the proposed easement is attached herein for your reference. Because of the City ownership of Outlot A, some type of administrative procedure will have to be worked out for the City Council to "deed out" their ownership subject to receipt of the substitute bikeway easement, before the title can be cleared for the new Willow Meadows Second Addition plat. We respectfully request your assistance in working out a procedure for vacating the walkway and clearing title for Outlot A that will allow filing of the final plat on a timely basis. Thank you for your assistance. ST:aju Enclosure Sincerely, Stan Tikkanen Executive Director Finance and Business Services Wayzata Independent School District No. 284 NEW VENTURES CHRISTIAN CHURCH July 11, 1988 Mr. James Willis, City Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 35447 Subject: Plymouth Creek Elementary School; Plymouth, MN Ref: Letter from Stan Tikkanen, dated June 23, 1988 Dear Mr. Willis: This letter will substantiate that New Ventures Christian Church agrees with the petition for the street vacation regarding 41st Avenue North as referred to in the letter to you from Stan Tikkanen, dated June 23, 1988. New Ventures Christian Church will be built on Outlot B, Willow Meadows Plat. Outlot B is owned by the Christian Church in the Upper Midwest, who is developing the church with New Ventures. Thank you. Sincerely, Robert N. Johns Minister, New V ntures Christian Church RNJ :mf Worship and Church School Northwest Y.M.C.A. 7601 - 42nd Avenue North ROBERT N. JOHNS, Minister Office: 3025 Harbor Lane North Suite - 237 Plymouth, Minnesota 55441 612)559-1469 a 40 MEMO CITY OF PLYMOUTH *6_ V 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 '- 7, -.3 - DATE: 3 - DATE: July 26, 1988 for Council Meeting of August 1, 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. Cedar Ridge Plat Two (A-813) 2. Cates Plymouth Creekside Estates (85019) 3. Wooddale North Plat Two (85033) 4. Ponds North Addition (87058) n R. Sweeney JRS:kh- attachments: Resolutions 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: 1f )C )t adoption: r meeting of the City Council of day of X )C )t introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND CEDAR RIDGE PLAT TWO (A-813) xsc'f WHEREAS, in accordance with the development contract dated August 29, 1980, B -T Land Company, developer of Cedar Ridge Plat Two (A-813), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Street Sweeping and Storm Sewer Cleaning Erosion Control Site Grading and Drainage Improvements Park and Trail Improvements Boulevard Trees Design, Administration, Inspection, As-Builts TOTAL ORIGINAL. AMOUNT NEW AMOUNT 61,680 0- 12,725 0- 41,328 0- 27,500 0- 10,200 800 500 0- 450 0- 1,500 200 1,500 0- 5,000 0- 1,500 0- 1,300 0- 185,005 $ 1,120 That the letter of credit required for the above items be reduced as detailed above from $4,000 to $1,120 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. XX)C XXX I XXX 0 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 , C 7C X introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND CATES PLYMOUTH CREEKSIDE ESTATES (85019) WHEREAS, in accordance with the development contract dated October 16, 1985, developer of Wallace H. Cates and Erica C. Cates, developer of Cates Plymouth Creekside Estates 85019), 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 Street Construction $ 86,225 $ 8,623 Sanitary Sewer 37,884 3,788 Watermain 20,060 2,006 Storm Sewer 6,484 648 Boulevard and Drainage Swale Sod 4,800 3,800 Pond or Ditch Construction -0- -0- Street Signs 300 300 Site Grading and Drainage Improvements -0- -0- Park and Trail Improvements -0- -0- Design, Administration, Inspection, As-Builts 18,690 2,300 TOTAL $ 174,443 $ 21,465 That the letter of credit required for the above items be reduced as detailed above from $27,162 to $21,465 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 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 19,000 $9,500 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 .XXX XXX I 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: meeting of the City Council of day of , The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND WOODDALE NORTH PLAT TWO ADDITION (85033) WHEREAS, in accordance with the development contract dated May 15, 1985, Wooddale Ventures and Lyman Lumber Company, developer of Wooddale North Plat Two (85033), 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 System Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 83,600 0- 41,150 0- 47,800 0- 0- 0- 7,400 0- 0- 0- 450 0- 42,000 0- 0- 0- 26.68 0_ 249,088 $ -0- That the letter of credit required for the above items was previously reduced to $0 zero) to reflect the completed work and returned to the developer. 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 $ -0- 35,000 -0- FURTHER BE IT RESOLVED that the $1,000 cash deposit per above requirement is hereby released and returned to 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. X 'XX XXX e 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: t It 7t adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND PONDS NORTH ADDITION (87058) WHEREAS, in accordance with the development contract dated November 24, 1987, Northwood Homes, Inc., developer of Ponds North Addition (87058), 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 Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements See Grading Permit #12674) Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL ORIGINAL AMOUNT NEW AMOUNT 82,698 18,103 88,474 8,847 49,708 4,971 28,285 2,823 7,800 7,800 0- 0- 600 600 0- 0- 10,160 10,160 32,127 4,738 299,852 58,042 That the letter of credit required for the above items be reduced as detailed above from $132,047 to $58,042 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- Included in Grading Permit 412674 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. xiciC ACX): XXX 0 CITY OF PLYMOUTH 6- W 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: July 27, 1988 r TO: James G. Willis, City Manager L_ FROM: Frank Boyles, Assistant City Manager SUBJECT DECLARATION OF NATURAL PRESERVE AT APPROXIMATELY 2600 QUEENSLAND LANE 1. ACTION REQUESTED: The City Council should hear any concerns expressed by abutting neighbors prior to determining whether a drainage creek area in the vicinity of 26th and Queensland should be declared a natural preserve for the purposes of the nuisance weed control ordinance. 2. BACKGROUND: Plymouth City Code Section 810.03, Subd. 2, provides that weeds, tall grasses and other rank or harmful vegetation may not exceed 8 inches on properties other than agricultural or natural preserves. Natural preserves are publicly owned lands designated as park or open space, or private properties approved by the City which are set aside to preserve their natural characteristics and qualities. Under the above subdivision, I have received a petition from Carol Wernimont, requesting that the City consider declaring as natural preserves, a strip of land running northwesterly between Oakwood Hills 1st and 2nd Addition and Imperial Hills 5th and 6th Additon. To support her request, she has supplied a petition containing the names of residents in the immediate vicinity of the proposed natural preserve. A map is also attached showing the property owners who have signed the petition. She has also provided a narrative with respect to her request. This matter was referred both to the Weed Inspector and to the Engineering Division to determine whether there would be any negative impact to the City of declaring this area a natural preserve. Copies of memorandums from Bob Johnson and Glenn Upton indicate that they see no problem with declaring this area as natural preserve. The Council has heretofore made such declarations by resolution at a public meeting where residents are able to express their views. I have spoken with Steve Hukriede, who has expressed his opposition to this proposal (see attached letter). I expect that Mr. Hukriede will be present at the meeting, along with Ms. Wernimont, to share their perspectives with the City Council. DECLARATION OF NATURAL PRESERVE AT APPROXIMATELY 2600 QUEENSLAND LANE July 27, 1988 Page 2 3. RECOMMENDATION: Following resident comments, the City Council should determine whether it is appropriate to adopt the attached resolution declaring the area in question a natural preserve under Plymouth City Code. 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 - DECLARING NATURAL PRESERVES WHEREAS, Plymouth City Code Section 810.01, Subd. 2, provides that the Council may declare certain areas as natural preserves not subject to the nuisance weed portion of the city code; and WHEREAS, property owners in the vicinity of 26th and Queensland Lane have submitted a petition to have the creek and immediately adjacent land declared a natural preserve, as shown on the map dated Ouly 1988; and WHEREAS, the City Council has previously authorized the declaration of natural preserves. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, declare the property in the vicinity of 26th and Queensland Lane as natural preserves under Plymouth City Code Section 810.01, Subd. 2, including the creek and immediately adjacent land as shown i the staff report dated Ouly 27, 1988; and FURTHER, directs that the nuisance weed provisions of the ordinance not be enforced in this area, recognizing that the state noxious weed requirements must be enforced throughout the community. 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. ilea J Cl 5 w `- fro 1 9% a• _ 2649.76'RES. p ci.V"w e•% 1e•6 20---- N 135' 2 r t (2) 1 ( 16) 3 $ 15) s ( : oo 0 751.01 _ 17) - 17. 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Yhereas: Natural cover makes -yore efficient use of avail, -!)H. water. Be Pesol ved : That rear `/ars' aNut inerts in yak:'^ Hills be i l l of !ed to nro4! natural l,.- as chosen '>„ the lot m -mer. Ful1 Nave Print and Sign 1 1_ q S I j!j p1 A -'dress Tele. h 7——'uz------ y _ 41417 3_------- Tel e. -------- Y Y- _—— 1%------.%- 7_7_x_----- LrY------_ Svc=--------- `_----,_. p — jLj _ '1 _----------- PI -ti tll:l L- '!'.A .'lve ' inch ,:Ycc •. J in a 'oo' t:l 1;; to t5 V hereas : . uch of the rear area abutments in Qa'rwood ;!ills is marsh with )l arts ahich are not ah)ro)riate to cutting lo:-jer than '. inch -s. here as Most of the rear abut!;ients have been allo'.Jed to prow natural cover. hereas: 1n r^nst years the area on either si(!e of the creep: is %jet and cannot be Ihereas: access to parts of the ahuttilln areas can only )e pained b- crossin-1 the creek or other nei iF:`, nrs *?ro,)ert,!. Ihere,as: Natural cover Fakes nre efficient use of avail, -!)II water. Re Pysolved: That rear v r a!:ut:lents in I il6s he allo+ ed to nrot:, naturall,! a5 c -'n- tpn 1-1 +hn lcf. nt:'ner. Full Nar,e Address Tele. Print and Sig Z77/ l -------- S -F ----- ---- --- = - -s /-- -- ----_ (- -- C9V 5/D 0- Uu 6-- 473 -i 7y i a- Cw`c----------- 73---------- nn ----II-- ^^--------------- u= ----- tea- -- - LA).. ------ 42 - ------- - --------------- - -- - - 44, X23375 n- ------3 -Q--------=3gs 25. 27-- Mr. Mrs. S.L. Hukriede 2585 Queensland Lane North Plymouth, MN. 55447 Mr. Frank Boyles City of Plymouth 3400 Plymouth Boulevard Plymouth, MN. 55447 RE: CAROL WERNIMONT PETITION OF PROPERTY 2575 QUEENSLAND LANE NORTH; LPYMOUTH, MN July 22, 1988 Please be advised that we are apposing the petition of Carol Wernimont currently residing at 2575 Queensland Lane North; Plymouth, Nil. We will not give our permission allowing her backyard to be preserve (weeds and swamp). We reside adjacent to her at 2585 Queensland Lane North; Plymouth, MN. Up until two years ago, Carol's backyard was very well maintained. Her lawn was always mowed and she had a beautiful garden adjoining our yard. Since her separation from her husband, the yard has been left to grow into noxious and obnoxious weeds, her garden into weeds and vines. This coupled with the swamp area is an excellent breeding ground for mosquitoes and ticks. We both feel this is an eye sore for us along with the fact that we feel it lessens our property value which could hinder the sale of our house in the future. Two members of our family are presently under the care of a physician for allergies caused by weed and mold pollen. This can be verified by calling their allergist. At the present time, we are paying a lawn service to keep weeds from spreading throughout our property. We feel this petition is unwarranted because even though she was instructed to contact all adjacent neighbors by the weed inspector,Glen Upton, we were not contacted nor notified that the petition had been filed. Also, the majority of the neighbors who signed the petition do not reside adjacent to her property. Please take this letter and plea for nonacceptance to the petition into consideration before allowing this to happen to our Plymouth neighborhood. Thank You. P.S. We sympathize with her situation and had our son offer to clean up and now her backyard. He received no response to his offer. - MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 1, 1988 TO: Frank Boyles, Assistant City Manager FROM: Glenn C. Upton, Weed Inspector SUBJECT: PETITION FROM CAROL WERNIMONT Reply to your memo dated June 28, 1988 regarding a petition from Carol Wernimont to have the area behind her house declared a natural preserve. The request has been reviewed and the following are answers to your itemized points: 1. In my opinion the "wetlands" in her back yard , (that are found in a normal rain fall year) should be called a Natural Preserve. We would not normally cut any "wetland weeds" anyway. When I spoke with Ms. Wernimont on June 6, 1988, I asked her to cut the tall grass and weeds, in her back yard down to where the wet land type weeds begin. She was angry at her neighbor and resisted all suggestions about cutting any weeds in her back yard. 2. I am not aware of any areas near this property that are specifically called a "natural preserve". 3. On July 1, 1988 Roger Wenner, of the Street Department, looked at the drainage ditch behind her house. He said that in the Summer of 1987 about 150 feet of it was cleaned out on the corner of Shadyview Lane and 26th Avenue. He said that this type of drainage area must be cleaned out at least once every 10 years. He could not see any problems with it on July 1, 1988. GCU:cr CC: Mark Peterson MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 25, 1988 TO:Frank Boyles, Assistant City manager FROM: Wobert C. Johnson, Senior Engineering Technician SUBJECT: PETITION FROM CAROL WERNIMONT Fred Moore and I inspected the site that Carol Wernimont has requested be declared a natural preserve. The area along the creek subject to periodic flooding, which runs along the common plat lines of Oakwood Hills, Oakwood Hills Ist Addition, Imperial Hills Addition, and Imperial Hills 6th Addition, may be declared a natural preserve without affecting the City's rights to maintain the creek. The area of periodic flooding is shown on the attached map along with the location of the creekbed that may require maintenance. RCJ:kh attachment cc: Fred G. Moore, Director of Public Works Chester J. Harrison, Jr., City Engineer MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: July 26, 1988 for City Council Meeting August 1, 1988 TO: James G. Willis, City Manager FROM: Dale Hahn, Finance Director SUBJECT: RESOLUTION DECLARING ICMA RETIREMENT CORPORATION AS DESIGNATED TRUST FOR THE CITY OF PLYMOUTH ACTION REQUESTED: Recent IRS rulings require that the City of Plymouth designate the ICMA Retirement Trust for the collective investment of funds held under their deferred compensation plan. It is recommended that the City Council adopt the attached resolution appointing the ICMA Retirement Trust for the City of Plymouth. BACKGROUND: The City of Plymouth has been a member of the ICMA Retirement Corporation for over 10 years. Through this plan, employees may elect to defer up to 25 percent of their salary to a maximum of $7,500 per year from State and Federal income taxes. This has provided a good avenue for many employees to plan for their future retirement. The Internal Revenue Code of 1986 has made it mandatory for cities to become members of the ICMA Retirement Trust to continue offering the deferred compensation plan presently in effect. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution designating the ICMA Retirement Trust for deposit of deferred compensation. Adoption of this resolution will not change the general structure or manner in which the program is administered. CITY OF PLYMOUTH may deem advisable any secun- f) accept and retain for such time as they y1h as Trustees hereunder• for a term roperiy received or acquired by render. Trustees shall be elected ties or other p would normally be Pu Trustees• three ars and three unties or other property b) pt the first election d r a term of two ye whether or not such sec of three years. three Trustees shall be elected o as investments hereunder, rt d the Trust Propertyforatermdoneyear. At each subsequent election, heid as pa Trustees shall be a ec,ed ars and until his or her (g) cause aM 5ecunties or other property three Trustees shall be eiected for a term of three Ye name of ks and records qualified. to be registered in theinvestmenhs inebeareetorm but thehbooame d a norm" Successor is elected aro q ees d Public nee, and to hold aM part Of Action 3.3 NO The Trustees who are full-time employ Nominating Committee for the Public EmP1OYQe of the Trustees shall at all times show that all such investments are a Employers shall serve as the Noma cadidates for Public Empl the Trust Property and all documents trans- Trustees. The Nominating Corr (h) make, execute, acknowledge, and deliver any be necessary ter and conveyance and any and all other instruments at mayTrusteesinaccordancewiththeProceduressetforthintheByI-a` powers herein 9tocarryoutthe + general dr special Proxies Action 3.4 Resignation and Removal, need ton prior or subsequent or appropriateany Stock• bpd& or Other $ecurmes: g 9 a) Any Trustee may resign as Trustee signed by the Trustee and delivered o vote upon r d substitution; exercise any c a - such delivery• or powers of attorney with or without Powers, subscription rights, or other options and make any pay" accounting) by an instrument in carding sig participate in, and such resignation shall be effective uP°f' d the Trustees version Privilege 1O the other Trustees • or consent to or otherwise p Mies, andmentsincidentalthereto: °PP° es effecting corporate serentofthePublicEmployersratereorganizationsorotherChangassessmentsorcharges in con" or at a later date according to y a tvote of of ahma o instrument. corporate may be removed for rause, a1 position as Trustee kers, and pay aMeneraliyexerciseany d the powers of an °caner withTrusteeshallresignhisorherpodelegatediscretionary g held as part d the Trustb) Each Public Employee he she ceases to he a full-time employee section therewith: and g within sixty days of the date oa bonds' securities or other propertyrespecttostocks, bo ' of a Public Employer- Property in con office d a Trustee shall terminate and s or services required Section 3S Vacancies: The term d off r I ad udi- enter into contracts or arrangements for goodresignation, remova • 1 era[ion of the Retirement Trust, including• but not limited a vacancy shall occur in the event of the death, 9 nection with the op and contracts for the provision d administrativeincompetenceorotherincapacitytoperformthedutiesoftheofficeof with custodians a Gated Trustees shall appoint such the remaining to contracts a Trustee In the case of a vacancy fit subject to the limitations set forth Services: n their discretion shall see ( k borrow or raise money for the purposes d the Retirement Trust im stirpersonastheyredportionofthetermoftheTrue in this s resigned serve for the eased to be a Trustee The appointment shall (amount. ad upon such terms and conditions, as the Trustees shallnot exceed who has resi9^ or otherwise ceased ads provided that the aggregate amount of such borrv+nr9 to the Trustees a car tten instrument signed by a majority of the Trustees TheNo person lending money be made by of Trustee (i.e., Public Employee 30% d the value d the Trust PrePertY lent or to inquire into Its son appointed must be the same type shall be bound to see the application d the moneypersonwhohasceasedtobeaTrustee. occU or propriety d aM SCh borrowing: tee or ICMAlAC Trustee) as ;he pe validity, expediency ration d the Retirement appointment of a Trustee may be made in anticipation of a vacancy expenses as required for the ode mason d retirement or res+g^ anpf1' PK'^dd that such . \ Nher- m incur reasonable cede Property; at a later date by h retirement or resignation. When nses from the Trust ,n connec- tor to such i5 Trust and deduct such cede incurred ment shall not become effQCtive p (m) Pay expenses prooerty allocable to the Trust Propertyeveravacancyinthe number of Trustees shall occur, until such vacancy nsation Plans, Qualified Plans or the EmployerregardlessoftheirTrustPropertyto filled as provided in this Section 3.5, the Trustees in offices d shall discharge tion with the Deferred ComPe nses from that portio^ d the number, shall have all the Powers granted to the Trustees TtUSiS and deduct such cede n allocable: upon the Trustees by Lr"s Declaration. A written ofthe whom such expenses are props Y taXES, ;^COme all the duties imposedncy signed by a major ty all real and personal Property ment certifying the existence d such ` g (n) pay out of the Trust Property opinion d the Trustees• under existing h, future laws upon, or in res.'sByexecuting taxes and other taxes of aM and ail kinds which, in f0 nate accounts: Trustees shall be conclusive evidence of the existence of such vacancy levied assessed in Representative Capacity, Trustees are property and allocate any such taxes to the app op hate3.6 Trustees Serve n agrees that the Pubic Employee of, the Trust Property provided that such By -Laws are this Declaration, each Publ c Empoye g al the By laws, Pareauthorizedtoactasagentsandrepresen• ( d) adopt, amend and reps Trust; elected b/ the Pudic Employersrs cdlectcollective tatives of the Public Employe at all limes consistent with the terns le this Declaration P) employ persons to make available interests nsa io Retirement easunder Sectio ARTICLE IV. POWERS OF TRUSTEES r to conduct employers eligible ro maintain a Deferred Cofthe Revenue Code. as d Such pprer shall include. 457 or a Qualified Pian under Section 401 d the Internal Re+e Section 4.1 General Powers: The Trustees shall have the PoAe amended; the business d the Trust and 10 carry Onrts to o (q) issue the Annual Report of the RetirementRetirementTrust. anTrust, a disclosure doCu but shall not be limited to, the power I rs, Public Employer ments and other literature used try;ded that ail a) receive the Trust Property from the Public Employers, the purchase of debt obligation& P Trustees or other Trustee d any Employer Trust, other ( r) make loans. including viser providing, such loans shall bear interest at the current ^ hers der to such officers. b) enter into a contract with an Invest ateon off the Portio) os, select, on of the S contrail for, and delegate aM p as the Trustees may seiec". provided things. for the establishment and nth ch the Trust Property may ' nvested• () auditors and attorneys (b). (c) Guaranteed Investment Cortrac s payment d reasona- agents, employee-- not delegate the powers set forth paragraphs and the pay powers it such delega• selection d Other investments for the Trust Property n 4.1 and may not delegate any investment Adviser and to any sub•i"estment adviser retained and(0)d thisSect o duties; ble tees to the Invest tion would violate their fiduciary nd Trustees d Retirement by the Investment Adviser: Investment Adviser and approve c) review annually the perfortna^ce d the Invest (t) provide for the indemnit cation d the officers a Trust and purchase fiduciary insurance; for each Public with such Investment pdwser Interest books and records, including separate accountsannuallythecontractntheportfolios, the Guaranteed pdv ser• (u) maintain boo r Trust and such additional sep- d) irNest and reirNe'st the Trust Property mended by the investment Employer Trustee or Er i coAntrecon Employer. Public Emp q' consistent with, the Deterred Com• Contracts and in any Other investment sof that 1 a Pub1c but not including securities issued by pubic Emile Prod fled Portfolios or arate accounts as are required under, an and invested in spec pensation or Qualified Plan d each Publics s, a ercise all such rights Employer has directed that its monies e of the Retirement Trust shall ( v) do all such acts, take all such proceed 9 the Trustees may Ani Contrail, the Trustees not specifically mentioned herein, as and to carryinaGuaranteedinvestmandprivileges. althoughinvestsuchmoniesinaccordancewithsuchprishorcashbalancesastheorappropriate to administer the Trust property e) keep such portion of the Trust Property deem necessary deem to he in the best interest of the Retire- out the purposes d the Retirement Trust. Trustees, from time to time. may' Anthdee liability for interest thereon: Ment Trust created hereby. Section 4.2 Distribution of Trust Property: Distributions of the Trust Prop- erty shall be made to, or on behalf of, the Public Employer or Public Employer Trustee, in accordance with the terms of the Deferred Compensation Plans, Qualified Plans or Employer Trusts The Trustees of the Retirement Trust shall be fully protected in making payments in accordance with the directions of the Public Employers. Public Employer Tnrstees or other Trustee of the Employer Trusts without ascertaining whether such payments are in compliance with the provisions of the Deferred Compensation or Qualified Plans or the agreements creating the Employer Trusts Section 4.3 Execution of Instruments: The Trustees may unanimously designate any one or more of the Trustees to execute any instrument or docu- ment on behaltof all, including but not limited to the signing or endorsement of arty check and the signing of any applications, insurance and other con- tracs, and the action of such designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees ARTICLE V. DUTY OF CARE AND LIABILITY OF TRUSTEES Section 5.1 Duty of Care: In exercising the powers hereinbefore granted to the Trustees, the Trustees shall perform all acts within their authority for the exclusive purpose of providing benefits for the Public Employers in connec- tion with Deterred Compensation Plans and Public Employer Trustees pursuant to Qualified Plans, and shall perform such acts with the care, skill, prudence and diligence in the circumstances then prevailing that a prudent person act- ing in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Section 5.2 Liability- The Trustees shall not be liable for any mistake of judg- ment or other action taken in good faith, and for any action taken or omitted in reliance in good faith upon the books of account or other records of the Retirement Trust, upon the opinion of counsel, or upon reports made to the Retirement Trust by any of its officers, employees or agents or by the Invest- ment Adviser or any sub -investment adviser, accountants, appraisers or other experts or consultants selected with reasonable care by the Trustees, officers or employees of the Retirement Trust. The Trustees shall also not be liable for any loss sustained by the Trust Property by reason of any investment made in good faith and in accordance with the standard of care set forth in Section al. Section 5.3 Bond: No Trustee shall be obligated to give arty bond or other security for the performance of any of his or her duties hereunder. ARTICLE VI. ANNUAL REPORT TO SHAREHOLDERS The Trustees shall annually submit to the Public Employers and Public Employer Trustees a written recon of the transactions of me Retirement Trust. including finan- cial statements which shall be certified by independent public accountants cho- sen by the Trustees. ARTICLE VII. DURATION OR AMENDMENT OF RETIREMENT TRUST Section 7.1 Withdrawal: A Public Employer or Public Employer Trustee may, at any time, withdraw from this Retirement Trust by delivering to the Board of Trustees a written statement of withdrawal. In such statement, the Public Employer or Public Employer Trustee shall acknowledge that the Trust Prop- erty allocable to the Public Employer is derived from compensation deferrer by employees of such Public Employer pursuant to its Deferred Compensa- tion Plan or from contributions to the accounts of Employees pursuant to a Qualified Plan, and shall designate the financial institution to which such property shall be transferred by the Trustees of the Retirement Trust or by the Trustee of the Employer Trust. Section 7.2 Disratlon: The Retirement Trust shall continue until terminated by the vote of a majority of the Public Employers, each casting one vote. Upon termination, all of the Trust Property shall be paid out to the Public Employers, Public Employer Trustees or the Trustees of the Employer Trusts, as appropriate Section 7.3 Amendment: The Retirement Trust may be amended by the vote of a majority of the Public Employers, each casting one vote. Section 7.4 Procedure: A resolution to terminate or amend the Retirement Trust or to remove a Trustee shall be submitted to a vote of the Public Employers if: (i) a majority of the Trustees so direct, or: (i) a petition requesting a vote, signed by not less than 25% of the Pubiic Employers, is submitted to the Trustees. ARTICLE VIII. MISCELLANEOUS Section 8.1 Goveming Law: Except as otherwise required by state or local law, this Declaration of Trust and the Retirement Trust hereby created shall be construed and regulated by the laws of the District of Columbia. Section 8.2 Counterparts: This Declaration may be executed by the Public Employers and Trustees in two or more counterparts, each of which shalt be deemed an original but all of which together shall constitute one and the same instrument.