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HomeMy WebLinkAboutCity Council Packet 02-22-1988 SpecialCITY OF PLYMOUTH A G E N D A SPECIAL COUNCIL MEETING FEBRUARY 22, 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. PRESENTATION - Certificates of Appreciation to Plymouth volunteer task force members 5. CONSENT AGENDA 6. MINUTES - Approval of Minutes of the Special Council meeting of February 8, 1988 7. PUBLIC INFORMATION MEETING - County Road 10 Improvements 8. PETITIONS, REQUESTS AND COMMUNICATIONS A. Disbursements for period ending January 31, 1988 B. Reimbursing developer for the difference between a 74 ft. wide and a 52 ft. wide street known as Vinewood Lane in the Cottonwood Plaza Addition 86085) C. Prime Development for Prime West. Rezoning and Preliminary Plat for property northwest of Highway 55 and Quaker Lane (87123) D. Final Plat and Development Contract for Craig Scherber for Meadows of Bass Lake located northwest of Pineview Lane and Schmidt Lake Road 87059) E. Receive petition, order preliminary engineering report, receive engineering report, and order improvements for street lighting, Fernbrook Woods Addition 8. PETITIONS, REQUESTS AND COMMUNICATIONS F. Receive request for vacation of West Medicine Lake Drive north of C.R. 9 G. Receive petition for construction of 22nd Avenue in Steeple Chase Addition and order preliminary engineering report H. Development Contract Bond Reductions: 1) Silverthorne 3rd Addition (87009) 2) Kingsview Heights Addition (84100) 3) Kingsview Heights 2nd Addition (85039) 4) Deerwood Estates Plat Two (A-784) 5) Deerwood Estates Plat Three (A-784) 9. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Objectives for Plymouth Metrolink B. Report on sight obstructions at intersections C. Public and Capital Improvement Project Status report including status of water treatment plant D. Declaring cost and setting public hearing date of March 21, 1988 for diseased tree removal and weed eradication E. Project close out report F. Risk Management Retention levels G. Final approval of City Manager Performance Objectives for 1988 H. Approval of goose management contract I. CCR Reports 10. ADJOURNMENT CITY OF PLYMOUTH y 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: TO: February 18, 1988 FROM: dames G. Willis, City Manager SUBJECT Laurie Brandt, Clerk PRESENTATION - CERTIFICATES OF APPRECIATION In accordance with the Volunteer Recognition Program the Council adopted last fall, Certificates of Appreciation will be presented to members of the following groups at Monday evening's meeting: RECYCLING TASK FORCE - Ongoing task force established in October, 1987 to provide the City with feedback on the recycling program and serve as a sounding board for the marketing program. PLYMOUTH ADVISORY COMMITTEE ON TRANSIT (PACT) - Formed when Metrolink Program began to discuss concerns with Metrolink routes and drivers and to make suggestions for improvements in service and the park and ride lot. RESIDENTIAL FACILITIES TASK FORCE - Appointed by Mayor and Council for the purpose of reviewing the City's ordinances and codes to insure that they adequately address the issue of various types of decentralized residential care facilities. PLYMOUTH GARDEN CLUB - Volunteers who plant and maintain the garden in front of City Center every year. KANI WIN GA CAMP FIRE HORIZON - Constructed goose nesting boxes, helped with park sign beautification, and the planting and mulching around planter boxes. TWIN CITIES TREE TRUST - Teens who clean and riprap creek beds, clean shoreline, and plant trees around various parks and trails in the City. M I N U T E S SPECIAL COUNCIL MEETING FEBRUARY 8, 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 February 8, 1988. PRESENT: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur, and Sisk, City Manager Willis, Assistant Manager Boyles, Planning Director Tremere, Public Works Director Moore, Park Director Blank, City Attorney Thomson, and City Clerk Brandt ABSENT: None PROCLAMATION Mayor Schneider read a proclamation declaring Tuesday, February 23 as Uniform Precinct Caucus Day. CONSENT AGENDA MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt the consent agenda deleting item 8-E. Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to approve the minutes of the Regular Council meeting of February 1, 1988 as submitted. Motion carried on a Roll Call vote, five ayes. PUBLIC HEARING Mayor Schneider opened the public hearing at 7:43 p.m. No one chose to speak and the hearing was closed at 7:43 p.m. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-91 APPROVING OFF -SALE NON - INTOXICATING MALT LIQUOR LICENSE FOR PDQ FOOD STORE #204. Motion carried on a Roll Call vote, five ayes. L PROCLAMATION Item 4 CONSENT AGENDA Item 5 MINUTES - REGULAR MEETING, FEBRUARY 1, 1988 Item 6* RESOLUTION NO. 88-91 OFF -SALE NON -INTOXICATING MALT LIQUOR LICENSE, PDQ Item 7-A Special Council Meeting February 8, 1988 Page 37 PETITIONS, REQUESTS AND COMMUNICATIONS MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-92 APPROVING TEMPORARY ON - SALE MALT LIQUOR LICENSE FOR ST. MARY'S OF THE LAKE CHURCH. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-93 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR THE PLYMOUTH HISTORICAL SOCIETY 87101). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-94 APPROVING SITE PLAN AND CONDITIONAL USE PERMIT AMENDMENT FOR RICHARD BROKKE, POWELL LINCOLN MERCURY (87127). Motion carried on a Roll Call vote, five ayes. Director Tremere stated the preliminary plat and rezoning meet all the Code minimum requirements. Upon rezoning, the developer will plat the land into two parcels. Much of the neighbors' concern was focused on the General Development Plan which shows how the property could develop given the zoning and proposed platting. It is not, however, the final site plan. The Plan- ning Commission gave the developer some direction which will be taken into account when developing the final site plan. There will be a public hearing on the site plan and neighbors will be notified. Councilmember Sisk asked if the park entrance location in the preliminary plat was the only one being planned. Director Blank answered that there would be another entrance to the south which would be public access from a public street. Neighbors in this area have been asking that as much wooded area as possible be preserved. The park property would maximize the woods and it is anticipated that the park will expand to the east and south as development occurs. RESOLUTION NO. 88-92 TEMPORARY MALT LIQUOR LICENSE ST. MARY'S CHURCH Item 8-A* RESOLUTION NO. 88-93 SITE PLAN &C.U.P. HISTORICAL SOCIETY 87101) Item 8-B* RESOLUTION NO. 88-94 SITE PLAN &-C.U.P. AMENDMENT, RICHARD BROKKE (87127) Item 8-C* PRELIMINARY PLAT & REZONING, GOFF HOMES 87128) Item 8-D MOTION was made by Councilmember Vasiliou, seconded by Council- ORDINANCE NO. 88-03 member Zitur, to adopt ORDINANCE NO. 88-03 AMENDING THE ZONING AMENDING ZONINGC E ORDINANCE TO CLASSIFY CERTAIN LAND EAST OF 45TH AVENUE NORTH AND FERNBROOK MANOR FERNBROOK LANE AS R-3 (MEDIUM DENSITY MULTIPLE RESIDENCE) (87128) DISTRICT (87128). Item 8-D Motion carried on a Roll Call vote, five ayes. Special Council Meeting February 8, 1988 Page 38 MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 88-95 SETTING CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED EAST OF 45TH AVENUE NORTH AND FERNBROOK LANE (87128). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to adopt RESOLUTION NO. 88-96 APPROVING PRELIMI- NARY PLAT FOR PAT GOFF, GOFF HOMES, FOR FERNBROOK MANOR (87128). Pat Goff, Goff Homes, asked at what stage he can grade the pro- perty or place a sales trailer on it. Mayor Schneider stated that this approval gives that permission but Mr. Goff should contact the Planning Department to clarify ordinance restrictions. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to amend condition #11 by adding "landscaping". Motion to amend carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to amend by adding condition 413 as follows: "The land- scaping plan should include screening and berming on the north and south property lines to adequately screen this development from neighboring developments." Motion to amend carried, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to add condition 414 as follows: "Buildings shall be designed so that the exterior provide a transition from the higher density to the single family neighborhood by way of appearance." Mayor Schneider stated he would like to see more design creati- vity in the elevations to break up the current uniform appear- ance. Motion to amend carried, five ayes. Main Motion as amended carried on a Roll Call vote, five ayes. A. W. Schackman, representing Ryan Construction, requested the item be deferred until the February 22 meeting to allow adequate time to examine the alignment of Quaker Lane. Manager Willis stated that a development proposal submitted by Ryan for the land to the east is not compatible with that sub- mitted by Prime with respect to access and frontage roads. RESOLUTION NO. 88-95 SETTING CONDITION AMENDING ZONING CODE FERNBROOK MANOR 87128) Item 8-D f1*91Ruitil. PRELIMINARY PLAT GOFF HOMES, FERNBROOK MANOR (87128) Item 8-D PRIME DEVELOPMENT 87123) Item 8-E Special Council Meeting February 8, 1988 Page 39 Meetings between Ryan and Prime were held to try to work out the alignment and an apparent agreement was reached. However, some additional concerns have come to light and now Ryan is objecting to that agreed upon alignment. Pat Hagan, Prime Development, stated the proposed alignment is fair to both developers in spite of the fact that it uses up 5 acres of their land. Ryan's proposed alternative would jeopar- dize Prime's project. Prime feels the submitted plan would work and is a good compromise, however, a 2 week delay would not hurt the project. Manager Willis stated that, if this is deferred, both parties should be willing to work on an agreement and that 2 weeks is reasonable. Councilmember Vasiliou pointed out that this a very busy inter- section and needs to be done right. MOTION was made by Councilmember Vasiliou, seconded by Council - member Sisk, to defer the matter until the February 22 Council meeting. Mr. Schackman stated that Ryan has agreed that they would pur- chase a certain amount of the right-of-way from Prime to get the job done. He questioned whether alternative alignments could be considered which would mitigate the effect to the property to the east. Motion carried, five ayes. Linda Fisher, representing Beverly Kottas, reviewed their appli- cation. She stated the proposal fits the CS guidelines. They see the proposal as offering an amenity which will enhance the area and is needed, based on the traffic on Fernbrook and Harbor Lanes. The applicant is prepared to condition the reguiding on a building permit being issued this year as per the draft reso- lution. They will also put a covenant on the property limiting the use as stated in the draft resolution. Councilmember Sisk stated there may be a need in this area for more of those uses which aren't permitted but he doesn't know if he would want this use permitted further to the north along 494. He cannot favor this as a "spot" action if the areas which are now B-1 could become oriented toward B-3 uses. However, he does see a need for a service station. He asked the City Attor- ney what problems the City could be creating if it reguided this parcel. Attorney Thomson answered that, in adopting a reguiding, the developer must meet the criteria. It might be better to consi- der the overall area in determining whether or not to reguide this particular parcel. He would not be too concerned with set- ting a precedent provided specific findings are made which re- late to this site. GUIDE PLAN AMENDMENT H.I. ENTERPRISES 87125) Item 8-F Special Council Meeting February 8, 1988 Page 40 Ms. Fisher stated this is not proposed commercial land use is commercial uses and the proposed other property values. a "spot" reguiding because the consistent with the surrounding use would not be a detriment to Mayor Schneider stated he would find it difficult not to approve a change in guiding for the 2 vacant parcels to the east if asked to after approving this change. Ms. Fisher stated those parcels do share some of the same char- acteristics of their site but they are different sites and any future requests would have to be viewed on the merits. Councilmember Vasiliou stated she understands staff's concerns with setting a precedent, however, she believes the proposed use fits today's needs as evidenced by an owner who is prepared to invest now. Councilmember Sisk stated that, if an area traffic analysis could Justify the guide plan change, he would feel more comfort- able in approving it. Discussion followed about restrictions and conditions. Director Tremere stated the owner of other property in this area once put a covenant on sites forbidding any future hotels. if this petitioner is willing to put a covenant on this land restricting the use, the future possible use for other B-3 acti- vities would be diminished. Ms. Fisher stated they would be willing to put such a covenant as discussed at the Planning Commission meeting and as reflected in the draft resolution. Attorney Thomson stated that, if the petitioner consents, the limiting of the development of the property is appropriate and enforceable. Councilmember Sisk stated he would like to defer action until appropriate traffic analysis is conducted in this quadrant to determine the impact of B-3 uses. Discussion followed as to the boundaries of such a study. Ms. Fisher stated that the traffic question is only one issue in terms of reguiding. Some of the other parcels could be ruled out because they do not fit the locational issue. They consid- ered a traffic study but because some uses generate more traffic than others, it is difficult to compare potential uses to deter- mine maximum traffic conditions at full development. Ron Jackson, Barton-Aschman, representing Beverly Kottas, showed a list of permitted uses and the amount of traffic each could generate. He cautioned against a broad based area analysis for purposes of evaluating specific uses on specific sites. Special Council Meeting February 8, 1988 Page 41 Councilmember Zitur stated that the issue is guiding which is a Judgment call. He would have a hard time turning down similar requests if this were approved. He observed tht the petitioner had not been given any "green lights" or encouragement to pursue this action. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to adopt RESOLUTION NO. 88- APPROVING LAND USE GUIDE PLAN AMENDMENT FOR BEVERLY KOTTAS, H. I. ENTERPRISES, INC. (087125). Councilmember Vasiliou stated there integrity in a plan and if someone is need for a use at a location which legitimate. Some additional thought in this area, but it is not fair to something else more consistent with posed. is a certain amount of available to demonstrate a needs an amendment, it is must be given to land uses prevent development until the guiding/zoning is pro - Mayor Schneider stated that, while he has no doubt that this service use is needed in the City, the need is not enough to warrant changing the guiding and zoning of this parcel along. Councilmember Ricker stated the present guiding should be main- tained. To change the classification of this site alone would be a mistake as it would bind him to future requests of the same type for other parcels in the area. Motion failed on a Roll Call vote, two ayes. Mayor Schneider and Councilmembers Ricker and Zitur voted nay. MOTION was made by Councilmember Sisk, seconded by Mayor Schneider, to adopt RESOLUTION NO. 88-97 DENIAL OF LAND USE GUIDE PLAN AMENDMENT FOR BEVERLY KOTTAS, H. I. ENTERPRISES, INC. (87125). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-98 APPROVING SITE PLAN AND VARIANCE FOR 1501 PARTNERSHIP (87132). Motion carried on a Roll Call vote, five ayes. Councilmember Sisk asked if this change would necessitate a change in the completion date of the project. Director Moore answered that it would not. Tom Noyes, project engineer for the consultant, stated that the contractor requested a change in the completion date, however, as a result of a recent meeting, the time extension was not pur- sued. RESOLUTION NO. 88-97 DENIAL OF GUIDE PLAN AMENDMENT, H.I. ENTERPRISES (87125) Item 8-F RESOLUTION NO. 88-98 SITE PLAN & V E 1501 PARTNERSHIP 87132) Item 8-G* CHANGE ORDER WATER TREATMENT PLANT Item 8-H Special Council Meeting February 8, 1988 Page 42 Councilmember Sisk stated he can only go along with this if no time change is requested. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-99 Zitur, to adopt RESOLUTION NO. 88-99 APPROVING CHANGE ORDER N0. CHANGE ORDER NO. 3 3, ZACHARY LANE WATER TREATMENT PLANT, PROSECT NO. 431 by adding WATER TREATMENT PLANT 38,317 and that no time extensions are granted by this approv- PROSECT 431 al. Item 8-H Councilmember Ricker stated he noticed there is a sales tax on every item and is concerned that the contractor is adding 15% more and the subcontractors are adding another 7%. Director Moore stated the costing is in accordance with the specs. The research on this project shows that the sales tax must be paid. Councilmember Ricker asked that, in the future, agreements not be written to include sales tax on the 15% for the contractor. Mayor Schneider acknowledged a February 2 confirming that the require additional time if the February 8. letter from Brad Folkert dated electrical contractor will not Council approved the change by Motion carried on a Roll Call vote, five ayes. MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, that contracts be written so that, for change orders, the contractor does not receive "add ons" on sales tax. Councilmember Ricker asked if it would be reasonable that the City take delivery on some items so as not to pay the sales tax. Director Moore stated that in that case, if there were a problem with the installation,it would be difficult to prove whether the item was in proper condition when it arrived. The City would not always be exempt from sales tax anyway. Attorney Thomson stated the issue of sales tax is complicated. The law has changed to tax services and includes those items which cities have gotten around in the past. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Vasiliou, to amend the motion to direct staff to scrutinize contracts to determine what should be taxable and not and the dollar values involved. The City should purchase some of the items where it is in the City's best interest. Councilmember Ricker stated there should be a service person for all items who could take care of any problems were the City to purchase the equipment. Motion to amend carried, five ayes. Special Council Meeting February 8, 1988 Page 43 Main motion as amended carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-100 AMENDING ENGINEERING SERVICES AGREEMENT, STRGAR-ROSCOE-FAUSCH, INC. incorporating new Schedule B. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-101 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 2ND ADDITION (87006) to $539,691. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-102 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 3RD ADDITION (87036) to $76,160. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-103 REDUCING DEVELOPMENT BOND, PARKERS LAKE NORTH 4TH ADDITION (87084) to $5,776. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-104 REDUCING DEVELOPMENT BOND, LAKE CAMELOT ESTATES ADDITION (85114) to $331,408. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-105 REDUCING DEVELOPMENT BOND, TYRELL THIRD ADDITION (86081) to $3,304. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-106 REDUCING DEVELOPMENT BOND, TYRELL FOURTH ADDITION (86107) to $1,512. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-107 REDUCING DEVELOPMENT BOND, PONDS NORTH ADDITION (87058) to $132,047. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-100 AMENDING ENGINEERI G CONTRACT, STRGAR- ROSCOE-FAUSCH Item 8-I* RESOLUTION NO. 88-101 BOND REDUCTION PARKERS LAKE NORTH 2ND ADDN. (87006) Item 8-0-1* RESOLUTION NO. 88-102 BOND REDU TI N PARKERS LAKE NORTH 3RD ADDN. (87036) Item 8-J-2* RESOLUTION NO. 88-103 BOND REDUCTION PARKERS LAKE NORTH 4TH ADDN. (87084) Item 8-3-3* RESOLUTION NO. 88-104 BOND U I N LAKE CAMELOT ESTATES 85114) Item 8-0-4* RESOLUTION NO. 88-105 BOND REDUCTION TYRELL THIRD ADDN. 86081) Item 8-3-5* RESOLUTION NO. 88-106 BOND REDUCTION TYRELL FOURTH ADDN. 86107) Item 8-3-6* RESOLUTION NO. 88-107 BOND REDUCTION PONDS NORTH ADDN. 87058) Item 8-J-7* Special Council Meeting February 8, 1988 Page 44 MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-108 REDUCING DEVELOPMENT BOND, KINGS NORTH ADDITION (86068) to $49,662. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-109 REDUCING DEVELOPMENT BOND, QUAIL RIDGE OF PLYMOUTH 2ND ADDITION (87021) to $25,256. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-110 REDUCING DEVELOPMENT BOND, DEVRIES 2ND ADDITION (83031) to $616. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-111 REDUCING DEVELOPMENT BOND, DEVRIES 3RD ADDITION (84014) to $0. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-112 REDUCING DEVELOPMENT BOND, COTTONWOOD PLAZA ADDITION (86085) to $33,802. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-113 REDUCING DEVELOPMENT BOND, BASS LAKE ESTATES ADDITION (84091) to $9,576. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-114 APPROVING FINAL PAYMENT FOR PARKERS LAKE SEED AND SOD to Craig Braun Turf Farms in the amount of $1,192.62. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS RESOLUTION NO. 88-108 BOND REDUCTION KINGS NORTH ADDN. 86068) Item 8-3-8* RESOLUTION NO. 88-109 BOND REDUCTION QUAIL RIDGE 2ND ADDN. 87021) Item 8-J-9* RESOLUTION NO. 88-110 BOND REDUCTION DEVRIES 2ND ADDN. 83031) Item 8-J-10* RESOLUTION NO. 88-111 BOND REDUCTION DEVRIES 3RD ADDITION 84014) Item 8-3-11* RESOLUTION NO. 88-112 BOND R DUCTION COTTONWOOD PLAZA ADDN. 86085) Item 8-3-12* RESOLUTION NO. 88-113 BOND RDUTI N BASS LAKE ESTATES 84091) Item 8-J-13* RESOLUTION NO. 88-114 FINAL PAYMENT PARKERS LAKE SEED Item 8-K Councilmember Sisk stated these points were those the Council 1988 PERFORMANCE expressed a high concern with. They also considered comments STANDARDS FOR CITY made on the difficulty of evaluating the City Manager's perfor- MANAGER mance. They recommend quarterly meetings with the Manager to Item 9-A evaluate progress towards these goals. He summarized the 5 areas covered by the objectives. Special Council Meeting February 8, 1988 Page 45 Councilmember Ricker stated that while the number of goals is smaller, it is because some of the original goals did not belong to the Manager. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, that the draft of the 1988 performance objectives and standards for the City Manager be adopted with changes to show an incentive of $5,000, meetings with the Council take place 3 times or every 4 months, "period" replace "quarter" for the length of the rating period, and item #6 be added that an addi- tional snowplowing route in a newly developed area of the City be added to the budget. Councilmember Sisk stated the additional plowing route was al- ready covered in the budget. Mayor Schneider stated he believes snowplowing would be better addressed at budget time so the costs can be discussed. Councilmembers Zitur and Sisk agreed to delete reference to #6 in their motion. MOTION was made by Councilmember Vasiliou, seconded by Council - member Zitur, to amend the motion by adding #6 to be: "The Manager demonstrate costs saving programs." Councilmember Vasiliou stated she is talking about new programs, not existing ones. Councilmember Ricker pointed out that better ways of doing some- thing should be included. The program needs to be ongoing. Motion to amend carried, five ayes. Councilmember Zitur stated the $4,500 has been the top incentive for some time and an increase is due. Discussion followed on the rating process and timing. Councilmember Ricker stated that community relations could be determined by the number of calls from residents or developers. Discussion continued on how to rate the level of accomplishment and how to value it. MOTION was made by Mayor Schneider, seconded by Councilmember Ricker, to amend by adding that the weight of the items be mutu- ally acceptable. Motion to amend carried, five ayes. Main motion as twice amended carried, five ayes. Special Council Meeting February 8, 1988 Page 46 MOTION was made by Councilmember Zitur, seconded by Mayor Schneider, that snowplowing be added to the 1989 budget for de- veloping areas and that a cost analysis be completed. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, that, in the future, consultants be in attendance at Council meetings where their rate increases will be discussed. Motion carried, five ayes. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Sisk, to adopt RESOLUTION NO. 88-115 SETTING WATER AND SANI- TARY SEWER AREA AND RESIDENTIAL EQUIVALENT CONNECTION CHARGES. Motion carried on a Roll Call vote, five ayes. The meeting adjourned at 10:25 p.m. City Clerk RESOLUTION NO. 88-115 SETTING WATER & SEWER CHARGES Item 9-B* J/ J CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 18, 1988 For City Council Meeting of February 22, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PUBLIC INFORMATION MEETING COUNTY ROAD 10 IMPROVEMENTS CITY PROJECT NO. 812 The City Council has set a Public Information meeting at 7:30 p.m. February 22, on the proposed improvements to County Road 10. The Hennepin County Department of Transportation has completed a preliminary layout for widening and improving County Road 10 from County Road 18 to I-494. This layout also includes County Road 61 from our north City limits to County Road 47. The County is requesting that the City Council approve this preliminary layout in order that they can proceed with the preparation of final plans for the project. Attached is a copy of a letter sent to all of the property owners adjacent to either County Road 10 or future County Road 61 notifying them of the Public Information meeting. The County and their consulting engineer will be making a presentation on the proposed plans at the meeting. In attendance for the County will be Ted Hoffman, Chief Design Engineer, and Bruce Polaczyk, Preliminary Design Engineer. Also, the County has employed Strgar-Roscoe-Fausch, Inc. to design this project for them. Bob Roscoe and Tim Phenow will also be in attendance at the meeting. The purpose of the Public Information meeting is to receive comments from adjacent property owners and City Council members. Attached for City Council consideration is a resolution which would approve the preliminary layout as prepared. I have reviewed this layout previously and my recommended changes have been incorporated within this plan. At the conclusion of the Public Information meeting the Council may wish to give direction with regard to other requested changes. Fred G. Moore, P.E. FGM:kh Attachment: Resolution Letter 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: X)YX its adoption: U introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING PRELIMINARY LAYOUT COUNTY ROAD 10/I-494 TO COUNTY ROAD 18 CITY PROJECT NO. 812 WHEREAS, Layouts No. 1 and No. Base, Project No. 7408 showing the proposed improvement of County State Aid Highways No. 10 and 61 within the limits of the City has been prepared and presented to the City. NOW, THEREFORE, IT IS RESOLVED: That said Layouts No. 1 and No. Base be in all things approved and that Hennepin County is hereby authorized by the City to acquire all rights-of-way, permits and/or easements required for said improvement in accordance with said Layouts No. 1 and No. Base. FURTHER, that final construction plans shall be presented to the City for approval before a construction contract is awarded. 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. sYxx 7YXX 7CX X February 11, 1988 t CITY OF PLYMOUTft SUBJECT: PUBLIC INFORMATION MEETING COUNTY ROAD 10 IMPROVEMENTS Dear Property Owner: The Plymouth City Council has established a Public Information meeting at 7:30 p.m., February 22, 1988, on the proposed improvements to County Road 10 from I-494 to County Road 18. This meeting will be held in the Council Chambers at the City Center building, 3400 Plymouth Boulevard. The Hennepin County Department of Transportation has completed a preliminary layout for the widening and improving of County Road 10. This plan also includes County Road 61 from Plymouth's north City limits to County Road 47. The County is requesting that the City Council give preliminary approval to this layout in order that they can proceed with the preparation of more detailed plans. Currently, this project is scheduled for construction by Hennepin County in 1991. A presentation will be made by the County and their consulting engineer on the proposed project. Before the City Council approves the preliminary plan, they are requesting comments from the adjacent property owners. If you are unable to attend this Public Information meeting, the plans will be available for review in the City Engineering Department at the City Center building between normal business hours. If there are any questions, please do not hesitate to contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 February 11, 1987 Lill. CITY OF PUMOUTR Mr. Ted Hoffman, Chief Design Engineer Hennepin County Department of Transportation 320 Washington Avenue South Hopkins, MN 55343-8468 SUBJECT: COUNTY ROAD 10 FROM I-494 TO COUNTY ROAD 18 HENNEPIN COUNTY PROJECT NO. 7408 Dear Ted: The Plymouth City Council has established a Public Information meeting on the proposed improvements to County Road 10 for 7:30 p.m. on February 22, 1988. This meeting will be held in the Council Chambers of the Plymouth City Center building. I am requesting that you, your staff or your consulting engineer make a presentation on your proposed preliminary plan at this meeting. After the presentation you should be available to answer questions from City Council members or persons attending the meeting. We are mailing a notice of this Public Information meeting to all abutting property owners along County Road 10. For your information, attached is a copy of the letter being sent to the adjacent property owners. Please give me a telephone call in order that we can discuss the presentation at the meeting. The City Council will be basing their approval of this plan on comments received at the meeting. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosure 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 8 A CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: Friday, February 19, 1988 for the City Council meeting February 22, 1988. TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT Disbursements I hereby recommend for payment the attached listing of disbursements for the following funds: Norwest Bank - MetroWest General Fund $ 677,647.73 Construction Fund 296,001.89 Utilities Fund 333,795.70 Metropolitan Bank - Plymouth Housing & Redevelopment Authority $ 30,576.41 GRAND TOTAL FOR ALL FUNDS $ 1,338,021.73 Above totals are for the period ending January 31, 1988. Dale E. Hahn I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOMMEND SAME FOR PAYMENT. Ja es G. Willis 10 r 0 to d0 t.- CD Y CO H N J 19 Watz Y M w Li MW p O=Ih O u N i 00 00 1.- zZ H Q u 10 IE w FQ tY Wz WI9 0 - Lu tooW 2 u din f k w { W u o i H E I N 0 O u v l' u orNtU Ef O y H U I A Q W C J 1. - onH Z I Z ! £ 4C O N Z N O tD H tV W ! I• W • W CL W 1 u i K. wlF+zwh w H wwJ aI in oAlr A WILIn u >A o 4Ir0*0- YH Cr W A ¢ »1- ZOAY tea. t}JtE 71 K rrW W0W O W HQ U W W A r 41 O N W Q I- -j Cie cc x ! O 7 u 4 0 U. It. 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WcU, o co r ui a Y 0 0 U) M AW z tD pn 0 Uj LU X -C 3 U- O M lz dr z f.7 M Z uj 0 ul 00 00, 00 03 00 v m o, 0* C) o ri ONJ ^j cli r4 em 10 a-* C C:) C:) 0o C) 0 0 C3 c 9 C! c pn an. co -t v Fn P. tn — 6 to 4A 2 C) c Ol OC am. co r4A11 M Cie k pn 0 4D 3 U- O L 00 co 1- z 10 LU 4Ex luz ui Laa tu u IniC) I O 0 0 C3 c 9 C! c pn an. co -t v Fn P. tn — 6 to 4A 2 o•. ,. wr .anno? ti9 "•',1 . ^=n°n a ae a iaza i!n n'oannnna 'a ooc °o oc°n nnnsn F I Z C t f% W tz u iWO u Z N N Y 00 z i O I i W i I I t A N N 0 h O n 9 A' .. f' . • 0 71 I I I 1 I I I I I i I I r 4 I I i I1 E I I I I I I j f I j I I i I i I i 1 I I I ! i I i f 4 i n O n OO O N cr u o z M Z LU rN Q O O Sa W H cd 00 d aq aD a7 Y ry N U y \ u W e+r u , c wW 00 r- a0 F- N \ E c H 00 d c V NW \ Y Y Ir u c O W b Y 2 u u W O S v o c z r Y UW2 u n— A a a< v t f i t n n n O g a n o n n i i j i I I z jMN Y L1 O i I m CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meetinq of the City Council of the City of Plymouth, Minnesota, was held on the day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 31, 1988. WHEREAS, a list of disbursements for the period ending January 31, 1988 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: Norwest Bank - MetroWest General Fund Construction Fund Utilities Fund Metropolitan Bank - Plymouth Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS 677,647.73 296,001.89 333,795.70 30,576.41 1,338,021.73 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. E3 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 17, 1988 For City Council Meeting of February 22, 1988 TO: James G. Willis, City Manager through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: REIMBURSEMENT FOR EXTRA WIDTH STREET CONSTRUCTION IN THE COTTONWOOD PLAZA ADDITION (86085) The City's Thoroughfare Guide Plan required that Vinewood Lane south of County Road 9 be constructed as a 74 foot wide roadway rather than a 52 foot wide roadway. In accordance with City policies the developer should be reimbursed for the cost difference between a 52 foot wide roadway and a 74 foot wide roadway. This provision was also contained in the Development Contract for Cottonwood Plaza Addition. The developer, Jerome P. Begin and Betty A. Begin, completed construction of Vinewood Lane to the required 74 foot width and it was accepted by the City Council on February 8, 1988, per Resolution No. 88-112. The developer is now requesting reimbursement for the construction cost related to the extra width of the required street construction. It is recommended that the City Council adopt the attached resolution authorizing reimbursement to the developer for the cost difference between a 52 foot wide and a 74 foot wide roadway. The amount of this reimbursement is $7,686.11 and it would be allocated from the Municipal State Aid Fund. J n R. Sweeneyl JRS:kh attachments: resolution request dated February 16, 1988 pages 7 & 10 from the original development contract resolution no. 88-112 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: ACX )C its adoption: XXX introduced the following Resolution and moved RESOLUTION NO. 88 - REIMBURSING DEVELOPER FOR EXTRA WIDTH STREET CONSTRUCTION COTTONWOOD PLAZA ADDITION (86085) WHEREAS, the City of Plymouth and Jerome P. Begin and Betty A. Begin have entered into a Development Contract dated January 7, 1987 for the development of Cottonwood Plaza Addition; and WHEREAS, as part of this development the developer was required to construct a 74' wide street rather than a 52' wide street in order to conform with the City of Plymouth's overall Thoroughfare Guide Plan; and WHEREAS, it is the policy of the City of Plymouth to reimburse developers for the difference between a 52' and a 74' wide roadway upon acceptance of the street construction and concrete curb and gutter for maintenance; and WHEREAS, the City of Plymouth accepted the street construction and concrete curb and gutter for continual maintenance on February 8, 1988 per Resolution No. 88-112; and WHEREAS, this amounts to $7,686.11; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the developer, Jerome P. Begin and Betty A. Begin, is to be reimbursed in the amount of $7,686.11 for oversizing based on the alignment in the approved construction plans and in accordance with Section 2.1b in the development contract. BE IT FURTHER RESOLVED that the funds be allocated from the Municipal State Aid Fund. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX WESTWOOD PLANNING & ENGINEERING COMPANY February 16. 1988 Mr. John Sweeney Assistant Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Cottonwood Retail Center Additional Cost of Required Street Widening Request for Reimbursement Dear Mr. Sweeney: Attached please find an itemized Final Cost of the additional improvements for the widening of Vinewood Lane from a 52' to a 74' wide roadway, as per the City of Plymouth's requirements. On behalf of Jerome Begin we are requesting reimbursement of $7686.11 in accordance with the Development Contract between the City and the Developer. See Exhibit I attached for detail costs. If you have any questions about the foregoing information, please give me a call. Sincerely, WESTWOOD PLANNING 7 ENGINEERING COMPANY Francis D. Hagen, S, P.E. FDH:jg Attachment: Exhibit I CC: Jerome Begin 8525 EDINBROOK CROSSING. BROOKLYN PARK, MINNESOTA 55443 (612) 424-8862 (Business Office) 7415 WAYZATA BOULEVARD, ST. LOUIS PARK, MINNESOTA 55426 (612) 546-0155 WESTWOOD PLANNING "-& ENGINEERING COMPANY EXHIBIT I February 16. 1988 Mr. John Sweeney Cottonwood Retail Center Page 2 No. Item Description UNIT 81 6.30 510.30 1) Subgrade Preparation — 572.75 2) 1 1/2" MnDOT 2341 Bit. Wear 83.75 3) Bit Tack Coat S.Y. 4) 3" MnDOT 2331 Bit Base 101.25 5) 8" CL 5, 100% crushed Aggr. Base 227.90 6) 10" Select Granular Borrow S.Y. 7) B612 Concrete Curbs & Gutter L.F. 8) 3" Conc Walk (Island) S.F. 9) 6" MJDIP Watermain L.F. 10) 8" MJDIP Watermain L.F. 11) 12" RCP Storm Sewer L.F. 12) 18" RCP Storm Sewer L.F. 13) 21" RCP Storm Sewer L.F. 14) 6" PUC Sanitary Sewer L.F. 15) Select granular borrow bedding C.Y. 16) Engineer Costs (12% of Const. Cost) 8525 EDINBROOK CROSSING, BROOKLYN PARK, MINNESOTA 55443 (612) 424.8862 (Business Office) 7415 WAYZATA BOULEVARD, ST. LOUIS PARK, MINNESOTA 55426 (612) 546-0155 Unit Price Amount tv. Price Price 397.86 8.067 3209.55 780 2.00 1560.00 81 6.30 510.30 395 1.45 572.75 5 16.75 83.75 10 18.75 187.50 5 20.25 101.25 10 22.75 227.90 5 25.25 126.25 5 12.75 63.75 40 5.50 220.00 823.51 7686.11 2. STREE"S (continued) b. Collector and/or Thoroughfare Streets 52 to 74 feet wide face to face curb, nine ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. STRT-3 . Vinewood Lane - The City of Plymouth shall reimburse the Developer for the difference between a 74 foot wide and 52 foot wide street. This cost is estimated to be $14,330, and will be reimbursed to the Developer after the street has been accepted for maintenance. 2.2 Sub -grade 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifica- tions; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1984. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7- Unsuitable soil shall be excavated within three feet 3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifica- tions; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1984. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7- 8. (continued) ESTIMATED COSTS ITEM Public(l) Public(2) Private(3) Total Street Construction $ 14,330* 45,170 0- 59,500 T Sanitary Sewer System 0- 51,700 0- 51,700 Watermain System 0- 25,700 0- 25,700 Storm Sewer System 0- 75,800 0- 75,800 Boulevard and Drainage Swale Sod 0- 0- 12,507 12,507 Pond or Ditch Construction 0- 0- 0- 0- Street Signs 0 x 150) 0- 150 0- 150 Park & Trail Improvements 0- 0- 0- 0- Site Grading & Drainage Improvement 0- 0- 84,600 84,600 SUB -TOTAL: $ 14,330 198,520 97,107 309,957 Design, Admin., Insp., As-Builts (12%) 1,720 23,822 11,653 37,195 TOTAL: $ 16,050 222,342 108,760 347,152 1) and (2) Public Improvement Project City to own and/or maintain after development completed. 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 18.2200 19,200 Estimated widening cost for Vinewood Lane to be reimbursed to Developer. See Item 2.1 b. 10- CITY OF PLYMOUTH Pursuant to due call and notice thereof, a special meeting of the City Council oftheCityofPlymouth, Minnesota was held on the 8th day of February1988Thefollowingmemberswerepresent: Mayor Schneider Councilmembers VasiliouBicker7itiirandSick ' The following members were absent: None XX X CXX Coon ilm.mb.r Zitur introduced the following Resolution and moved itsadoption: RESOLUTION NO. 88- 112 REDUCING DEVELOPMENT BOND COTTONWOOD PLAZA ADDITION (86085) WHEREAS, in accordance with the development contract dated, January 7, 1987, Jerome P. Begin and Betty A. Begin, developer of Cottonwood Plaza Addition (86085), has agreed toinstallcertainimprovementsforsaiddevelopment; and WHEREAS, the developer has completed a portion of the street, utility and site gradingasnotedbelow; and WHEREAS, the developer has requested a reduction of the development bond to reflect thecompletedwork; 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 Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 59,500 0- 51,700 5,170 25,700 2,570 75,800 7,580 12,507 1,250 5,000 5,000 150 150 84,600 8,460 0- 37.195 0- 3.622 352,152 33,802 That the letter of credit required for the above items be reduced as detailed abovefrom $69,742 to $33,802 to reflect the completed work. Resolution No. 88-112 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 18.200 $18.200 FURTHER BE IT RESOLVED that the sanitary sewer, watermain and storm sewer construction is accepted as of February 8, 1988 for continual maintenance subject to the one year guarantee by the developer. FURTHER BE IT RESOLVED that pursuant to the developer's request a 10% retainer will be held in the required development bond for the sanitary sewer, watermain and storm sewer construction in lieu of the required maintenance bond. FURTHER BE IT RESOLVED that the street construction and concrete curb and gutter is accepted as of February 8, 1988 for continual maintenance subject to the one year guarantee by the developer. The required maintenance bond has been submitted for the street and concrete curb and gutter construction. The motion for the adoption of the foregoing Resolution was duly seconded by Cniinrilmember Sisk , and upon vote being taken thereon, the following voted in favor thereof: Mayor Schneider- Co ncilmPmhers Vasiliou, Ricker, Zitur and Sisk , The following voted against or abstained: None Whereupon the Resolution was declared duly passed and adopted. XXX XXX XXX CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 18, 1988 TO: City Manager City James G. Willis FROM: Community Development Director Blair Tremere SUBJECT PRIME DEVELOPMENT, PRIME WEST BUSINESS PARK (87123) SUMMARY: Staff has met with Prime Development and Ryan Construction twice during the past week. We will be meeting with the City's traffic consulting engineer tomorrow morning (February 19, 1988) and hope to resolve the issue of the road alignment. At this writing, no aqreement has been reached between Prime Development and Ryan Construction Company as to the exact alignment of Revere Lane. Hopefully, this issue will be resolved prior the City Council meeting on Monday, February 22, 1988. Any supplemental information received from the meeting with the traffic consultant will be forwarded to you on Friday, February 19, 1988. Attachment February 1, 1988 Staff Report February 8, 1988 Memorandum from Public Works Director Fred Moore CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 MEMO DATE: February 8, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore Director of Public Works SUBJECT: PRIME DEVELOPMENT CORPORATION REZONING AND PRELIMINARY PLAT (87123) This afternoon you and I met with the engineer, architect and owners of the proposed Prime West Business Park. The purpose of our meeting was to clarify the engineering memorandum submitted for the development (January 6, 1988/revised January 21, 1988) and the letter received from Prime Development Corporation dated February 3, 1988, and signed by Tim Murphy. At the end of our meeting we were in agreement, and subject to the following clarifications they have no objections to the engineering memo. The clarifications are as follows: 1. The right-of-way required for Valley Forge Lane is only 60 feet wide. The street will be paved 40 feet wide and a 60 foot right-of-way is adequate. 2. Item No. 24F of the engineering memorandum states that a Site Plan shall not be approved for any lots within the plat until the City has awarded a contract for the construction of 10th Avenue. This was clarified, and the intent is that a Site Plan should not be approved by the City Council until the City of Plymouth has received the necessary permits from the Army Corps of Engineers and the Department of Natural Resources and know that we can meet the conditions of these permits. This condition may require modification, but it can be done at the time a Site Plan is submitted, depending on the status of the necessary permits for encroachment into the wetland. 3. The developer will petition for the construction of Valley Forge Lane as a public improvement project for 1989. As part of the petition, the developer will agree to pay 100 percent of the cost and it will be assessed over a five (5) year period in accordance with our standard assessment procedures. With these clarifications, which will be a part of the engineering memorandum, the developer has no disagreement with the proposed resolutions for the approval of this project. FGM:kh CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 1, 1988 for City Council Meeting February 8, 1988 TO: City Manager dames G. Willis FROM:, Community Development Director Blair Tremere SUBJECT PATRICK HAGEN, PRIME DEVELOPMENT CORPORATION. REZONING AND PRELIMINARY PLAT (87123) SUMMARY: Attached is the the draft Rezoning Ordinance, Resolution set- ting the condition for rezoning; and, the Resolution approving the Preliminary Plat for Patrick Hagen, Prime Development Corporation. The plat is for eight commercial parcels and one outlot; the rezoning is for approximately 3 acres from I-1 (planned industrial) to B-1 (office limited business) District. The Planning Commission held the Public Hearing and reviewed the request at the January 13, 1988 meeting, deferring action pending further review and analysis of access and circulation for this area. The application was reconsidered by the Planning Commission on the Consent Agenda at the meeting of January 27, 1988. The Planning Commission recommended approval by unanimous vote. A 4/5 vote is required for a rezoning action. Attached is correspondence received from the petitioner by the Public Works Director regarding concerns with the Engineer's Memorandum. AttarhmAntc 1. Draft Ordinance 2. Resolution Setting Condition for Rezoning 3. Resolution Approving Preliminary Plat 4. January 13, and January 27, 1988 Planning Commission Minutes 5. Petitioner's Correspondence CITY OF PLYMOUTH ORDINAIlCE NO. 88 - AN ORDINANCE AMENDING THE ZONING ORDINANCE TO CLASSIFY CERTAIN LAND NORTHWEST OF STATE HIGHWAY 55 AND QUAKER LANE AS B-1 (OFFICE LIMITED BUSINESS) DISTRICT Section 1. Amendment of Ordinance. Ordinance 80-9 of the City of Plymouth, Min- nesota, adopted dune 15, 1980 as amended, is hereby amended by changing the classifica- tion on the City of Plymouth Zoning Map from I-1 (planned industrial) to (B-1 (office limited business) District with respect to the hereinafter described property: Parcel 2: That part of the Northeast Quarter of the Southwest Quarter of Section 36, Township 118, Range 22 lying Northeasterly of the center line of State Highway No. 55, except that part of said Northeast Quarter of the Southwest Quarter lyinq Southerly of the center line of County Road No. 6 as shown on the plat of Ivanhoe Woods, Files of the Registrar of Titles, and except that part thereof which lies northerly of the northeasterly right-of-way line of Trunk Highway No. 55 and southerly of Line 1 described below: Line 1: Beginninq at a point on Line 2 described below, distant 398.8 feet South- easterly of its point of termination; thence run northeasterly at right angles to said Line 2 for 240 feet; thence run easterly to a point distant 275 feet north- easterly (measured at right angles) of a point on said Line 2, distant 488.8 feet southeasterly of its point of termination; thence run southeasterly parallel with said Line 2 for 300 feet and there terminating; Line 2: From a point on the north and south quarter line of said Section 36, distant 622 feet south of the center of said Section 36, run southeasterly at an angle of 79 degrees 47 minutes 00 seconds from said north and south quarter line measured from south to east) for 830.8 feet to the point of beginning of Line 2 to be described; thence run northwesterly on the last described course for 100 feet to tangent spiral point; thence deflect to the right on a spiral curve to decreasing radius (spiral angle 1 degree 07 minutes 30 seconds) for 150 feet to spiral curve point; thence deflect to the right on a 1 degree 30 minute 00 second curve (delta angle 20 degrees 17 minutes 00 seconds) for 1,352.2 feet to curve spiral point and there terminating. Section 2. General Development Plan. This Ordinance authorizes the development of said property only in accordance with the General Development Plan No. 87123, and is subject to plat and site plan approvals. Section 3. Effective Date. This Ordinance is effective upon filing the Final Plat with Hennepin County and upon publication of said Ordinance. Adopted by the City Council ATTEST Laurie Brandt, City Clerk cc: File 87123 day of , 19 Virgil Schneider, Mayor 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 CONDITION TO BE MET PRIOR TO PUBLICATION OF ORDINANCE REZONING LAND LOCATED NORTH OF STATE HIGHWAY 55, AT QUAKER LANE (AS EXTENDED) (87123) WHEREAS, the City Council has approved an Ordinance rezoning certain land located north of State Highway 55, at Quaker Lane (as extended), and south of 10th Avenue North as extended) from I-1 (planned idustrial) District to B-1 (office limited business) District in conjunction with approval of the Final Plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does direct the Final Plat to be filed with Hennepin County prior to the publication of said 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 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 PRELIMINARY PLAT FOR PATRICK HAGEN, PRIME DEVELOPMENT CORPORATION FOR PRIME WEST (87123) WHEREAS, Patrick Hagen, Prime Development Corporation, has requested approval for a Rezoning and Preliminary Plat for eight commercial lots and one outlot on approximately 41.3 acres located northwest of State Highway 55 and Quaker Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear- ing 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 Preliminary Plat for Patrick Hagen, Prime Development Corporation for Prime West located northwest of State Highway 55 and Quaker Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of issuance of the Building Permit. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. 8. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. No yard setback variances are granted or implied. PLEASE SEE PAGE TWO Page two Resolution No. 88- 10. Access shall be limited to internal public roads. Private drive access onto State Highway 55 and Revere Lane is prohibited. 11. Configuration of the intersection of the frontage road with the existing Quaker Lane/Highway 55 intersection shall be coordinated with the access point for the land to the east. 12. The manufactured homes located along the western portion of the site shall be removed prior to this area being platted into lots; or, the encroachment will be legally resolved including any necessary revisions to the plat. 13. All structures and light poles, relating to the "Driving Range" shall be removed prior to or concurrent with the first phase of construction. Any existing wells and/or septic systems shall be appropriately sealed and/or removed. 14. Appropriate legal documents shall be reviewed and approved the the City Attorney encumbering Outlot A to the land on the west side of future Revere Lane. 15. The required Environmental Assessment Worksheet (EAW) shall be processed in accordance with the Environmental Quality Board (EQB) regulations and City policy. 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 8 Planning Commission Minutes January 13, 1988 Roll Call Vote. 5 Ayes. Com ' sioner Marofsky abstained. VOTE - MOTION CARRIED MOTION carried. Commissioner Marofsky stated he abstained since he repre- PATRICK HAGEN sents the landlord and this may be viewed as a conflict of PRIM DEVELOPMENT interest. CORPORATION REZONING AND Chairman Steigerwald introduced the request by Prime Devel- PRELIMINARY PLAT opment Corporation. Reading of the December 22, 1987 staff (87123) report was waived. Chairman Steigerwald introduced Mr. Patrick Hagan who stated that Mr. Ron Erickson, KKE Architects, would review the project for the Commission. Mr. Hagan stated they have been working with the adjacent property owner regarding their development and its impact on his property and on road alignments and extensions. They will meet with the City staff on these issues. Director Tremere stated there has been cooperation by the petitioner on these critical issues of traffic circulation and transportation in this area. Ron Erickson, KKE Architects, explained the preliminary plat and rezoning of the property. Commissioner Marofsky inquired about Item 24-G of the Engineer's Memorandum. Mr. Erickson explained the process of land dedication which will allow a portion of land to become part of the site so that it meets the dimension standards. Mr. Erickson explained the soils conditions and that their plans will work for this site. Chairman Steigerwald opened the Public Hearing, as there was no one present to speak on the item, the Public Hearing was closed. It was the consensus that the application will be deferred to be reconsidered following the meeting to be held as noted above. MOTION by Chairman Steigerwald, seconded by Commissioner MOTION TO DEFER Marofsky to defer this item to allow the petitioner, City staff, and the adjacent property owner to review mutual design concerns and development impacts. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Steigerwald called a Recess at 9:15 P.M. RECESS DM:i T IU Chairman Steigerwald introduced the lrNugst by Kenneth KENNETH ESTER Ester, Wagner Spray Tech. Reading of the Decemt er 21, 1987 WAGNER SPRAY TECH staff report was waived. Chairman Steigerwaldh%ted, _aced SITE PLAN AMENDMENT Mr. Ken Ester, who had no questions or comments. ` (87126) CITY OF PLYMOUTH PLANNING COMMISSION! MINUTES JANUARY 271, 1987 The Regular Meeting of the Plymouth Planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Steigerwald, Commissioners Stulberg, Zylla, Plufka, Marofsky and Pauba MEMBERS ABSENT: Commissioner Wire STAFF PRESENT: Community Development Director Blair Tremere Associate Planner Al Cottingham Assistant City Engineer John Sweeney Planning Secretary Grace Wineman CONSENT AGENDA MOTION by Commissioner Pauba, seconded by Commissioner Stulberg to recommend adoption of the Consent Agenda. VOTE. 6 Ayes. MOTION carried. MOTION Commissioner Pauba, seconded by Commissioner Stulberg t pprove the Minutes of January 13, 1988 with the following co ctions: Paqe 3, second paragraph, statement b_v Commissioner 'ire, rather than Commissioner Stulberg; and, Page 5, typo phical error, corrected as stated by Planning Secretary. VOTE. 5 Ayes. Commission F elufka abstained. VOTE. 5 Ayes. MOTION carried. PUBLIC HEARINGS Chairman Steigerwald introduced the request the Plymouth Historical Society. Reading of the January 11988 staff report was waived. Chairman Steigerwald introduced Mr. Harvey Sc be, representing the Plymouth Historical Society. Mr. Schi had no questions or comments. Commissioner Pauba inquired about the location of the build- ing on the site, it was explained it would be slightly to the rear and south of the existing building. 14- PRIM£ DEVELOPMENT CORPORATION, REZONING AND PRELIMINARY PLAT 87123 VOTE - MOTION CARRIED PLYMOUTH HISTORICAL SOCIETY. SITE PLAN AND CONDITIONAL USE PERMIT (87101) Page 26 Planning Commission Minutes January 27, 1988 oll Call Vote on Amendment. 6 Ayes. MOTION! carried. Roll all Vote on Main Motion as Amended. Commissioners Stulbe Pauba, Marofsky, and Plufka, Nay. Commissioner Zylla an hairman Steigerwald, Aye. MOTION failed. MOTION by Co issioner Marofsky, seconded by Commissioner Stulberg to re mmend denial of the Land Use Guide Plan Amendment for Rea ns Nos. 1 - 4 and No. 6 cited in the January 15, 1988 sta report. Roll Call Vote. Commis 'oners Stulberg, Pauba, Marofsky, and Plufka, Aye. CON ssioner Zylla and Chairman Steigerwald, Nay. MOTION ca 'ed. Commissioner Plufka stated tha if there were to be a reguiding in this area, the City s ld study this quadrant as to whether CS guiding is appropria and what the impact of the traffic generation from the area ould be. NEW BUSINESS Chairman Steigerwald introduced the request by 15N Partner- ship for a Site Plan and Variance. Reading of the anuary 13, 1988 staff report was waived. Chairman Steiq_erwald introduced Bruce Schmitt, Archited% representing the petitioner. He had no questions o comments. MOTION by Commissioner Stulberg, seconded by Chairman Steigerwald to recommend approval for the Site Plan and Variance to construct a 13,92.0 sq. ft. office building, subject to the conditions as listed in the January 13, 1988 staff report. VOTE. 5 Ayes. Commissioner Marofsky, abstained. MOTION carried. OLD BUSINESS MOTION by Commissioner Stulberg, seconded by Commissioner Stulberg to recommend approval, subject to the conditions listed in the January 20, 1988 staff report. Vote. 6 Ayes. MOTION carried. VOTE ON AMENDMENT MOTION CARRIED VOTE - MAIN MOTION MOTION FAILED MOTION TO DENY VOTE - MOTION TO DENY MOTION CARRIED 1501 PARTNERSHIP SITE PLAN AND VARIANCE (87132) TO APPROVE VOTE - MOTION CWIED PRIME DEVELOPMENT CORPORATION REZONING AND PRELIMINARY PLAT 87123) MOTION TO APPROVE VOTE - MOTION CARRIED February 3, 1988 Mr. Fred G. Moore, P.E. Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 SUBJECT: Prime Development Corporation Prime West Business Park General MFRA #8447 Dear Mr. Moore: In regard to the subject project, we have the following comments regarding the City's revised Engineer's memo dated January 21, 1988: Item 24D - This item indicates that the developer is responsible for constructing all of the streets within the plat, including all of Valley Forge Lane. Valley Forge Lane abutts the property to the west. In fact, the westerly 30 feet of the right-of-way for this roadway was previously dedicated to the City under a previous development project. If Valley Forge Lane were to be completed as a public improvement project in the future, it is our opinion that a portion of the costs for these improvements should also be assessed to the adjoining property to the west for the following reasons: 1) The City would be assessing the adjoining benefiting property owners, which appears to be consistent with the City's assessment policy. 2) Since the westerly 30 feet of the right-of- way was previously dedicated, it is our opinion that the previous developer should P R l Ad" E Mr. Fred G. Moore, P.E. February 3, 1988 Page Two have been required to establish an escrow to guarantee the completion of the future improvements within this 30 foot right-of- way. Therefore, the costs for the improve- ments within the westerly 30 feet of the right-of-way should be the responsibility of the property to the west. Items 24 D, and 24 H - As is noted, the construction of Revere Lane from 8th Avenue North to 10th Avenue North is required to be constructed as a result of a land use change for the property immediately east of this site. The Revere Lane alignment has been relocated, and the majority of the right-of-way is now contained within the Prime West site. The road was relocated because of the location of the existing wetlands, and also because of the unwillingness of various governmental agencies to allow construction in this wetland. It is our understanding that it is the City's position, and we concur, that the construction of the Revere Lane improvements north of 8th Avenue are the complete responsibility of the developer of the land located immediately to the east of the Prime West Business Park site. If you have any questions or need additional information, please contact us. Very truly yours, PRIME DEVELOPMENT CORPORATION Timothy Murphy TM: bjs cc: Greg Frank, McCombs Frank Roos Ron Erickson, KKE Architects Tom Gerster, KKE Architects David Kantor, Leonard, Street James Willis, City of Plymouth Associates, Inc. Deinard P R I M E CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT REPORT DATE: December 22, 1987 COMMISSION MEETING DATE: FILE NO.: 87123 PETITIONER: Patrick Hagen, Prime Development Corporation REQUEST: Rezoning and Preliminary Plat of approximately commercial parcels. The Rezoning of approximately planned industrial) District to the B -I (office District 5E January 13, 1988 41.3 acres into 8 3 acres, from I-1 limited business) LOCATION: Northwest of Highway 55 and Ouaker Lane GUIDE PLAN CLASS: CL (limited business) ZONING: B-1 (office limited business) I-1 (planned industrial) A public hearing notice has been published in the legal newspaper, and property owners within 500 feet have been notified. A development sign was placed on the property. BACKGROUND: In February, 1987, the City Council denied a request by Zaremba Midwest, Inc., for a Land Use Guide Plan Amendment and Planned Unit Development Concept Plan to reguide approximately 29 acres of the site from CL (limited business) to CN (neighborhood shopping center) classification. GWX11•1 6M 1. The property is guided CL (limited business). The public/semi-public designation on the Land Use Guide Plan was placed in this area to represent an interchange with Quaker Lane and Highway 55. This development proposes an entrance configuration which suggests the interchange has been determined. The appropriate zoning for the land west of Quaker Lane is B-1. Utilities are available for extension for the development of this property. The I-1 zoning area effectively is a "remnant" due to the interchange, and, is related to the reguiding of the property to the east last year. 2. The Preliminary Plat consists of eight lots which meet or exceed the lot size and dimension requirements for the B-1 District. Street access will be provided to the Highway 55 Frontage Road, Saratoga Lane, Eighth Avenue, and Tenth Avenue. 3. The proposed land uses for these lots, as shown by the General Development Plan, are consistent with the B-1 Zoning District. 4. The property east of this development will generate the need for a new north/south street defined as Quaker Lane. Setbacks for the lots abutting that riqht-of-way have been shown. 5. Plans for the property to the east have been received and are now in the review process. Road alignments and access points are being scrutinized, particularly as they relate to this project. Page two Staff Report Prime Development Planning Commission Meeting January 13, 1988 December 22, 1987 6. The park dedication requirements for this project will be cash fees in -lieu of land dedication, to be paid at time of building permit issuance. 7. The Physical Constraints Analysis identified that this property is located in the Bassett Creek Drainage District. The site is not within the Shoreland management area and does contain some wetlands. It does contain some major woodlands along the northern portion of the site but does not have any severe slopes. The majority of the soils appear unsuitable for urban compatibility with public sewer; however, those conditions can be corrected subject to getting appropriate permits. PLANNING STAFF COMMENTS: 1. The proposal is consistent with the CL guiding of the property, and with the B-1 zoning. 2. A portion of the right-of-way for Quaker. Lane may need to come from this project, and we have discussed the proper dimension between the proposed frontage road and Highway 55. 3. The determination of the appropriate road alignment (Quaker Lane) and the appropriate location for the intersection of the frontage road with the Quaker Lane/Highway 55 access is critical, not only to this development but also to area development. The review of plans for the adjacent property, and discussion between the Public Works Director and the area representatives for the Corps of Engineers primarily regarding construction of proposed 10th Avenue North), indicate that careful and coordinated planning is needed. The City Manager, the Public Works Director, and I have met with the developer of the property to the east and with this petitioner, to review the overall plans for the area and to confirm the responsibility for various aspects of the transportation system development. At this time, there are pending questions regarding the alignment of future Quaker Lane; and the "touchdown points" of the frontage road are not in alignment between this site and the site to the east. It is possible that resolution of these items could have some impact on this site with respect to part of its layout. We have informed this petitioner that these matters should be fully discussed and defined by all parties (including the City) prior to final action by the Planning Commission on this project, or, on the project plans for the property to the east. We have indicated that the City can act as a coordinator for discussions between those parties and, we can provide the best information available about the requirements of the City and of other agencies such as the Corps of Engineers. The petitioner has indicated that he is amenable to this approach because it is to their benefit to have these matters well defined and, hopefully, fully resolved. Page three Staff Report Prime Development Planning Commission Meeting 3anuary 13, 1988 December 22, 1987 RECOMMENDATIONS: We recommend that the Commission conduct the public hearing with respect to the Reguiding, Rezoning and the preliminary plat; we would then recommend that the Commission defer this item so that the petitioner can continue to work with the City and with the adjacent landowner on mutual design concerns so that the ultimate impact, if any, upon this development can be defined. We expect this may be accomplished by the next meeting, or at the latest, by the first meeting in February. The attached conditions of approval were developed prior to discussions with the petitioner and the parties involved with the development interest to the east; they are are provided as a matter of information and can be expected to change. Submitted by: '-- Blair Tremere, Community Development Director ATTACHMENTS: 1. Draft Recommendation 2. Location Map 3. Petitioner's Correspondence 4. Engineer's Memorandum 5. Large Plans n PLANNING COMMISSION MEETING, JANUARY 27, 1988 (REVISED JANUARY 25, 1988) ` RECOMMENDATIONS OF APPROVAL FOR THE PRELIMINARY PLAT FOR PRIME WEST, PRIME DEVELOPMENT CORPORATION. (87123) 1. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or dying trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of issuance of the Building Permit. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. Rezoning shall be finalized with filing of the Final Plat. S. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 9. No yard setback variances are granted or implied. 10. Access shall be limited to internal public roads. Private drive access onto State Highway 55 and Revere Lane is prohibited. 11. Configuration of the intersection of the frontage road with the existing Quaker Lane/Highway 55 intersection shall be coordinated with the access point for the land to the east. 12. The manufactured homes located along the western portion of the site shall be removed prior to this area being platted into lots; or, the encroachment will be legally resolved including any necessary revisions to the plat. 13. All structures and light poles, relating to the "Driving Range" shall be removed prior to or concurrent with the first phase of construction. Any existing wells and/or septic systems shall be appropriately sealed and/or removed. 14. Appropriate legal documents shall be reviewed and approved the the City Attorney encumbering Outlot A to the land on the west side of future Revere Lane. 15. The required Environmental Assessment Worksheet (EAW) shall be processed in accordance with the Environmental Ouality Board (EQB) regulations and City policy. res/jan (87123)1 U City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: January 6, 1988 FILE NO.: 87123 PETITIONER: Mr. Patrick Hagen - Prime Development Corporation - 6442 City West Parkway - Suite 400 - Eden Prairie, Minnesota 55344 PRELIMINARY PLAT: Prime West Business Park LOCATION: East of South Shore Drive, North of State Highway 55 in the Northwest 1/4 of Section 36 ASSESSMENT RECORDS: N/A Yes No 1. _ _ X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. _ X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No 1 and No. 2• Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain area assessment based on 41 acres x 2,015/acre = $83,219.50. Sanitary sewer area assessment (difference between residential and commercial rate) 26.20 acres x $370/acre = 9,694. 5. Other additional assessments estimated: Project No. 648 street and utilities estimated cost S165.377.50. 6. _ _ X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet (10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. 1 N/A Yes No 7. X 9. — _ X All standard utility easements required for construction are provided The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final plat and final construction plans. Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. The 100 Year High Water Elevation for the proposed ponds shall be provided, an easement for ponding purposes to the established 100 Year High Water Elevation shall be provided on the Final Plat. A draina$e easement shall be provided on the Final Plat for Bassett Creek below an elevation of 889,b. All existing unnecessary easements and rights-of-way have been vacated It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. See Item 24E. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the City Attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: X DNR X_ MnDOT Hennepin County X_ MPCA X State Health Department 2 X Bassett Creek Minnehaha Creek Elm Creek Shingle Creek X Army Corps of Engineers Other il TRANSPORTATION: N/A Yes No 12. _ X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. _ X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. _ X _ All existing street rights-of-way are required width - Additional right-of-way will be required As shown on the Preliminary Plat• 16. _ X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 N/A Yes No 17. _ _ X Preliminary utility plans submitted comply with all City requirements The developer has submitted the required preliminary plans for the proposed sanitary sewer, watermain and storm sewer facilities. T39 sanitary sewer and watermain to be extended into the site from th frontage road shall be located within Saratoga Lane Gate valves shall be added to the north/south watermain at their intersection with the frontage road. 18. X Per developer's request a preliminary report and plan will be prepared by the City - If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1, of the year preceding construction. The developer shall petition the city to reconstruct the Quaker Lane/Highway 55 intersection. 19. Conforms with City policy regarding minimum basement elevations - Minimum basement elevations must be established for the following lots. To be established with the final grading plan. 20. _ X The preliminary plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. The preliminary plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: LA i PRELIMINARY GRADING DRAINAGE AND EROSION CONTROL: N/A Yes No 22. _ X It will be necessary to contact Bob Fasching, the City's utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tap. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's Consulting Engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Storm drainage calculations shall be provided for review. 24. A. An exclusive separate left and right turn lane should be provided for the southbound site drive where it connects with the T.H. 55 north frontage road. This is also true for the westbound site drive where it connects with the proposed Valley Forge Lane. B. That part of 6th Avenue and Saratoga Lane within Phase I shall be constructed with Phase I. C. The remainder of the streets, 6th Avenue/Highway 55 frontage road, Saratoga Lane, 8th Avenue and Valley Forge Lane, shall be constructed with any of the other phases. D. This site is responsible for constructing all of the public streets within the plat, including all of Valley Forge Lane. E. The City owns land at the northwest corner of Hwy. 55 and Quaker Lane. The developer should negotiate with the City for the purchase of this land. F. For traffic circulation the development of this site requires the construction of 10th Avenue. The City currently has a project underway to construct 10th Avenue. A site plan for the development of any of the lots within this plat shall not be approved until the City has awarded the contract for the construction of 10th Avenue. R G. The Traffic Study prepared for this site indicates that the frontage road connection to Quaker Lane could be a distance of 375 feet from Hwy. 55. The plat as submitted shows a distance of 450 feet. This distance shall be reduced to 375 feet with the final plat dedicating the right-of-way or a mutually agreed distance with the City. H. The City has approved a land use change for the property immediately east of this site. That property requires the extension of Quaker Lane between Hwy. 55 and 10th Avenue. Because of existing wetlands, it appears that the most feasible location for Quaker Lane will be within the northeasterly corner of this site. Before a final plat is approved dividing this property into buildable lots, the City will work with the owners of the property to determine the most feasible location for Quaker Lane. If it is determined that Quaker Lane will be within this site, the preliminary plat shall be revised to indicate a reservation of right-of-way for Quaker Lane. Submitted by: 97)OV-110 Director of Public orks ff I CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 12, 1988 for City Council Meeting February 22, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT CRAIG SCHERBER. FINAL PLAT AND DEVELOPMENT CONTRACT FOR THE MEADOWS OF BASS LAKE (87059) SUMMARY: The attached Resolutions approve the Final Plat and Development Contract; establish conditions to be met prior to filing the Final Plat with Hennepin County; and adopt special assessments. The petitioner was provided a copy of the Development Contract and has returned an executed copy. The petitioner requests approval of the Final Plat for the Meadows of Bass Lake. The plat calls for 25 single family residential lots and one Outlot located northwest of Pineview Lane and Schmidt Lake Road. The Development Review Committee has reviewed the proposal and finds it in substantial compliance with the approved preliminary plat and Resolution No. 83-125. AttanhmPnts? 1. Resolution Approving Final Plat 2. Resolution Setting Conditions for Filing Final Plat 3. Assessment Resolution 4. Location Map 5. Development Contract 6. Final Plat CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ City of Plymouth, Minnesota, was held on the following members were present: following members were absent: adoption: meeting of the City Council of the day of , 19_ The The introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR FOR THE MEADOWS OF BASS LAKE FOR CRAIG SCHERBER (87059) WHEREAS, Craig Scherber has requested approval for a Final Plat for The Meadows of Bass Lake, a plat for 25 single family lots and one outlot located northwest of Pineview Lane and Schmidt Lake Road; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Craig Scherber for The Meadows of Bass Lake located northwest of Pineview Lane and Schmidt Lake Road; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR THE MEADOWS OF BASS LAKE FOR CRAIG SCHERBER (87059) WHEREAS, the City Council has approved the Final Plat and Development Contract for The Meadows of Bass Lake as requested by Craig Scherber; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. The Ordinance rezoning the property shall be published upon evidence that the Final Plat has been filed and recorded with Hennepin County. 3. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of filing the Final Plat. 4. No Building Permits shall be issued until a Contract has been awarded for the con- struction of municipal sewer and water. 5. Removal of all dead or dying trees from the property at the owner's expense. 6. Removal of existing structures at the developer's expense. 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 yard setback variances are granted or implied. 9. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. PLEASE SEE PAGE TWO Page two Resolution No. 88- 10. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. 11. Access shall be limited to internal public roads and restricted from Pineview Lane, Schmidt Lake Road, and Northwest Boulevard. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: lYXX adoption: meeting of the City Council of the X ACX introduced the following Resolution and moved its RESOLUTION NO. 88 - ADOPTING ASSESSMENTS PROJECT NO 811 SANITARY SEWER AND WATERMAIN AREA - THE MEADOWS OF BASS LAKE WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of The Meadows of Bass Lake waiving their right to special assessment hearings covering the installation of sanitary sewer and water trunk facilities and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 0 I 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is $36,157. 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. q Is 15: 1. SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 1. SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of The Meadows of Bass Lake. 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets Thirty-two (32') wide face to face curb, seven ton design with concrete curb and gutter design Standard Surmountable in conformance with City Standard Plate No. Strt 2 50th Avenue Rosewood Lane Quinwood Lane 1.1 2. STREETS (continued) b. Collector and/or Thoroughfare Streets feet wide face to face curb, nine ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. None 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1982. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Department. 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department. The Developer shall pay to the City Treasurer upon execution of this Contract *Seven Thousand Three Hundred Thirteen and 47/100 Dollars ----- 7,313.47) to cover all City administration cost required in preparing and administering this Contract. * $292,539 x 2.5% _ $7,313.47. 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainage will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Control, Resolution No. 84-760 or its latest revision. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the cleaning of storm sewer, ditches, ponds, etc., necessitated by erosion from said land development, the Developer's bond will include said maintenance costs as shown in Paragraph 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 30 , 1989. 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. 0 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certified check, certificate of deposit, or irrevocable letter of credit in the amount of $292,539 as shown in Paragraph 8, or a surety bond in the amount of $438,808, which is 150% of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 20% twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the City. 6.4 Prior to commencing any grading, a cash deposit in the amount of $1000 and an irrevocable letter of credit in the amount of $33,000 as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars ($25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc.) as specified: 9 8. (continued) ESTIMATED COSTS ITEM Public ( 1) Private ( 2) Total Street Construction $ 44,040 0- 44,040 Sanitary Sewer System 64,031 0- 64,031 Watermain System 28,506 0- 28,506 Storm Sewer System 31,649 0- 31,649 Boulevard and Drainage Swale Sod 0- 5,800 5.800 Pond or Ditch Construction 0- 0- 0- Street Signs (3 x 150) 450 0- 450 Park & Trail Improvements 0- 0- 0- Site Grading & Drainage Improvement 0- 86,720 86,720 SUB-TOTAL: $ 168,676 92,520 261,196 Design, Admin., Insp., As-Builts 12%) 20,241 11,102 31,343 TOTAL: $ 188,917 $ 103,622 $ 292,539 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total 1,000 $ 33,000 $ 34,000 10 8.2 The water and sanitary sewer area type assessments for this development are as follows: Watermain Area 17.3 Acres x $1,340/Ac.= $23,182 Sanitary Sewer Area 17.3 Acres x $750/Ac. = 12,975 Total Assessment 36,157 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them. 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. 9. Street Maintenance During Construction 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 plowing service, it 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. 10. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this 11 10. Acceptance of Subdivision in Units (continued) 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. 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following afidavits: a. Contractor's Certificate b. Engineer's Certificate C. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 87-670 by the City Council on October 19, 1987 subject to 11 (eleven) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13. Land Dedicated for Public Use, Parks and Private Recreation Areas 13.1 Payment of Park Dedication Fees -in -Lieu of land dedication in accordance with the Park Dedication Policy in effect at the time of filing the Final Plat. 13.2 The developer will not be required to grade the trail right-of-way along the eastern right-of-way of Northwest Boulevard. 14. Other Requirements 14.1 Compliance with the City Engineer's memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 14.3 No Building Permits shall be issued until a contract has been awarded for sewer and water, and the MPCA Permit issued. 12 14. Other Requirements (continued) 14.4 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.5 No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 14.6 Access shall be limited to internal public roads and restricted from Pineview Lane, Schmidt Lake Road and Northwest Boulevard. 14.7 Rezoning shall be finalized with filing of the Final Plat. 14.8 The full right-of-way of Schmidt Lake Road, Northwest Boulevard and all other street right-of-ways in this development shall be platted and dedicated with the initial Final Plat. 14.9 All lots are deemed to be eligible for rezoning to R-1B since the Zoning Ordinance was amended relative to R-IB District standards after this application was submitted. 14.10 A sign, approved by the City, shall be erected at 50th Avenue North and Pineview Lane that will indicate the approved lot configuration and layout of the subdivision, including the approved alignment of Schmidt Lake Road and Northwest Boulevard. The sign shall remain in place until 95% of the initial single family development is completed. 14.11 The City will not require the developer to grade and/or seed the rights- of-way for Schmidt Lake Road or Northwest Boulevard. 14.12 The developer shall not be required to dedicate the easement for, nor construct Pond SC-P12 as a condition of this platting action. This pond will not be required until such time as Outlot A is further platted and/or Northwest Boulevard is constructed, whichever occurs first. 14.13 The developer will not be required to pay for curb and gutter along Schmidt Lake Road or Northwest Boulevard. The City Attorney and the applicant's attorney will develop language which will be filed as a covenant with the deeds of those lots abutting the two streets indicating that they will be assessed for curb and gutter, consistent with the City's Special Assessment Policy, when the streets are constructed. 14.14 Upon recording of the Final Plat, the City will pay the developer $25,000 for the additional right-of-way required to be dedicated for Northwest Boulevard. 13 City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: February 11, 1988 FILE NO.: 87059 PETITIONER: Mr. Craig Scherber, 4150 Fernbrook Lane N., Plymouth, Mn. 55442 FINAL PLAT: The Meadows of Bass Lake LOCATION: North of future Schmidt Lake Road, West of Pineview Lane in the Northeast 1/4 of Section 10. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain Area Assessments based on 17.3 acres x 51340 00/ac = $23,182.00 (single family) Sanitary Sewer Area Assessment based on 17.3 acres x $750 00/ac = $12.975 (single family) Watermain Area Assessment and Sanitary Sewer Assessments for Outlot A will be levied when replatted. 5. Other additional assessments estimated: Concrete curb and gutter Schmidt Lake Road and Northwest Boulevard for single family units 2,045 feet x $8.24 ft = $16,850; in lieu of a Financial Guarantee a covenant can be placed on the property to insure that this assessment will be paid in the future. LEGAL/EASEMENTS/PERMITS: 6. X _ Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet 10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X All standard utility easements required for construction are provided - The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: Drainage and Utility easements shall be extended to 10 feet beyond the storm sewer between Lots 2 and 3. Lots 9 and 10 and along the east side of Lot 13 Block 1. The Drainage and Utility easements between Lots 6 and 7 Block 1 shall be extended to the Northwest Boulevard right-of-way line. A 20 foot Drainage and Utility easement shall be provided over the storm sewer in Lots 4 through 7 Block 1. 8. _ _ X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. A drainage easement for Dondinz shall be Drovided below an elevation of 933.5 over Lots 1 through 6 Block 1. 9. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required temporary easement for the temporary cul-de-sac over Lot 1 Block 1 and Lot 1 Block 2. 11. _ _ X All necessary permits for this project have been obtained - The following permits must be obtained X DNR Mn DOT X Hennepin County _ X MPCA X- X State Health Department X 2 by the developer: Bassett Creek Minnehaha Creek Elm Creek Shingle Creek Army Corps of Engineers Other N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. As shown on the final plat. 14. X Acceleration/deceleration lanes provided - Acceleration/ deceleration lanes are required at the intersection of and 15. _ X All existing street rights-of-way are required width - Additional right-of-way will be required on As shown on the final plat. UTILITIES: 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 N/A Yes No 17. _ X Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). 18. X Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. 19. Minimum basement elevations - Minimum basement elevations must be established for the following lots. Lots 9 through 13 Block 1 930-0. Lots 1 through 6 Block 1 935.5. 20. X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: The watermain on Schmidt Lake Road and Northwest Boulevard will be constructed by the Cit} in the future. 21. XX _ The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 i N/A Yes No 22. _ X It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tao. 23. _ _ X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Subject to Shingle Creek review. 24. A. The area west of Northwest Boulevard is outside the 1990 Service Area and cannot be developed until trunk sewer is extended by the City. B. The portion of the Preliminary Plat lying west of Northwest Boulevard cannot be developed prior to 1990 therefore it is to be considered as a Concept Plan only. After sanitary sewer is available a detailed Preliminary Plat shall be submitted for review and approval of the City Council. C. Slope easements shall be provided in recordable form at this time for all lots adjacent to Northwest Boulevard and Schmidt Lake Road for grading purposes when the streets are constructed. D. Specifications: Page SP -B5 and B6 Item E, the wording shall be changed to read "Sewer line televising shall be required over all newly constructed sewer lines". Page SP -C1 Item C-3.4, restoration of Larch Lane does not apply to this contract. E. A temporary easement for the cul-de-sac will be required on Lot 1, Block 1 and Lot 1, Block 2. C a W, U - 'a" _ Submitted by: Engineer 5 Y• n m p • O) M S OY p] r z0 O z aOCaA IY• i x a Mn O z ° o> 0 gyp. m.... 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PLYMOUTH, MINNESOTA 55441 TELEPHONE (612) 559-2800 MEMO DATE: February 17, 1988 For City Council Meeting of February 22, 1988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: PETITION FOR STREET LIGHTING AND PRELIMINARY ENGINEERING REPORT FERNBROOK WOODS ADDITION We have received a petition from the developer for street lighting within Fernbrook Woods Addition and prepared a Preliminary Engineering Report for the project. I recommend that the City Council adopt the attached resolutions accepting the petition, ordering a Preliminary Engineering Report, receiving the Preliminary Engineering Report and ordering the street lighting project. Ck Chester J. rison, Jr., CJH:kh attachments: resolutions petition preliminary engineering report 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: Y 'X7h its adoption: XXX q XXX introduced the following Resolution and moved RESOLUTION NO. 88 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - FERNBROOK WOODS ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Fernbrook Woods Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Fernbrook Woods Addition by the installation of residential ornamental street lighting, filed with the City Council on February 22, 1988 is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. C fX CXX 'X X C 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: C iC iC its adoption: I introduced the following Resolution and moved RESOLUTION NO. 88 - RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING FERNBROOK WOODS ADDITION WHEREAS, pursuant to a resolution of the Council adopted February 22, 1988, a report has been prepared by the City Engineer with reference to the improvement of Heritage Ridge Addition by the installation of ornamental residential street lights and this report was received by the Council on February 22, 1988; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council finds and determines that said petition was signed by all owners of real property abutting upon the streets named as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted February 22, 1988. The petitioners have waived their right to a public hearing. 2. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by the Northern States Power Company. 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. 7Y)YX X)CX PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM FERNBROOK WOODS ADDITION The developer, who is the property owner of 100% of the property known as Fernbrook Woods Addition, has petitioned the City to install street lights in said plat. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are seven (7) lights at a monthly cost of $13.46 per light for a total cost of $98.52 per month, including contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 43 lots, which results in an estimated cost of $2.29 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. Re2. No. Chester Harrison, 12510 Dated: February 16, 1988 t uwrnss I ss.00— olt t s t a tf{ i : •,r i au raj IE Ar f I Id is A, h l or I • M; O l r i 1 t r 4( l i r 1 ` t ' w tAI J II r , uwrnss I ss.00— olt t s t a tf{ i : •,r i au raj IE Ar f CITY OF PLYMOUTH PETITION FOR STREET LIGHTS We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: i y We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. 1,IAKA[ ADDRESS l CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 8P DATE: February 18, 1988 For City Council Meeting of February 22, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: REQUEST FOR VACATION OF A PORTION OF WEST MEDICINE LAKE DRIVE NORTH OF COUNTY ROAD 9 Attached is a letter received from Connor Schmid representing Leonthina Berthiaume and her family requesting that a portion of West Medicine Lake Drive, north of County Road 9 be vacated. Attached to the request is a drawing showing the reconstructed roadway. In 1968, the City of Plymouth, constructed West Medicine Lake Drive from County Road 9 northerly to 47th Avenue.. As part of this construction project, the City purchased the necessary right-of-way. Last year, in conjunction with the reconstruction of County Road 9, the intersection of West Medicine Lake Drive was revised. In accordance with our Thoroughfare Guide Plan the intersection was altered slightly and shifted to the east. Their request is for the vacation of existing right-of-way which appears to be in excess of the current needs west of the reconstructed roadway. The construction done on West Medicine Lake Drive north of County Road 9 last year is only temporary. Permanent construction on West Medicine Lake Drive will take place in the future as the area develops and utilities are extended northerly along the roadway. At the present time, the determination of whether there is excess right-of-way cannot be determined. The present right-of-way has not been abandoned but is still owned by the City of Plymouth. It is my recommendation that no action be taken on the request until West Medicine Lake Drive is constructed as a permanent four lane roadway as required by our Thoroughfare Guide Plan. After this reconstruction is completed, if there is excess right-of-way it could be considered for REQUEST FOR VACATION OF A PORTION OF WEST MEDICINE LAKE DRIVE NORTH ROAD 9 February 18, 1988 Page Two vacation. Since the City purchased right-of-way in 1968, and it appears that with future construction there will be additional right-of-way required from the same parcel of land, in all likelihood we would propose to trade land. Unless the City Council disagrees with this recommendation I will inform Connor Schmid that no action will be taken until the permanent reconstruction of West Medicine Lake Drive. Fred G. Moore, Director of Public Works FGM/sm attachments:letter drawing WINSTON E. MUNSON CLAY R. MOORE CONNOR F. SCHMID VAL M. HIGGINS LOREN5 O. BRYNESTAD SIDNEY KAPLAN WOODBURY H. ANDREWS GEORGE R. A. JOHNSON ANDREW R. CLARK FRANK A. DVORAK ROBERT D. GISVOLD MARVIN C. INGBER H. RICHARD KORSH MARTIN V. AYDELOTT TIMOTHY D. KELLY SHANE H. ANDERSON GLENN R. DRURY ROBERT S. LEE JAMES T. SWENSON ERIC O. MADSON STEPHEN F. GRINNELL MICHAEL 5. FROST STEPHEN P. KELLEY MICHAEL J. DWYER MACKALL, CROUNSE & MOORE LAW OFFICES 1600 T C F TOWER 121 SOUTH EIGHTH STREET MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 612.333-1341 TELECOPIER 333-6173 January 12, 1988 The Honorable Mayor and City Council City of Plymouth Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Request for Vacation of Abandoned Right -of -Way West of West Medicine Lake Drive and North of Rockford Road Our File No. 47668 Ladies and Gentlemen: We are representing Leonthina Berthiaume and which owned a tract of land immediately to the west of Medicine Lake Drive (Road) as it existed prior to its to the east and its re -designation (pending) as County north of the Rockford Road realignment. STEPHANIE J. PREM JOHN R. WHEATON TIMOTHY M. BARNETT KARL K. HEINZERLING DONNA M. WATZ MARY LYNN JAHNKE THOMAS C. POWER THOMAS J. LALLIER SUSAN M. SWIFT EDWARD J. CUMMINGS CINDY J. LARSON MARK A. RURIK VILIS R. INDE DEAN L. BUSSEY MICHAEL C. GLOVER OF COVNSEL FLOYD E. NELSON JAMES B. HANNAH HENRY C. MACKALL (1885-1979) ROBERT M. CROUNSE(1893-1974) PERRY R. MOORE (1894-1969) her family, West relocation Highway 61 From maps and visual observations, it would appear that the relocation of old West Medicine Lake Drive (Road) has resulted in a practical abandonment of the old right-of-way. See, Ex- hibit C enclosed. We respectfully request that vacation proceed- ings be initiated to recognize the abandonment and clarify the present access situation with regard to Mrs. Berthiaume's family's property on the west side of new West Medicine Lake Road. They are the only adjacent owners. We will be happy to work with you or your staff with regard to any necessary information or requirements. We have notified both the city manager and the city engineer so that they can address this matter for you without delay. We would be pleased to meet or converse with them at their earliest conve- nience. MACKALL, CROUNSE 8. MOORE City of Plymouth Page 2 January 12, 1988 Respectfully submitted, MACKALL, CROUNSE & MOORE By ez Connor F. Schmid CFS:jw Enclosure cc City Manager James Willis City Engineer Fred Moore 4XH/13 / I` (f, CITY OF PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 18, 1988 For City Council Meeting of February 22, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PETITION FOR CONSTRUCTION OF 22ND AVENUE STEEPLECHASE ADDITION ORDER PRELIMINARY ENGINEERING REPORT CITY PROJECT NO. 813 Attached herewith is a request from Lundgren Brothers Construction Company requesting that the City of Plymouth construct the remainder of 22nd Avenue within the Steeplechase Addition during 1988. This request is in accordance with the Development Contract for Steeplechase 4th Addition which was approved by the City Council in March, 1987. Attached is a copy of the page from that Development Contract referring to the necessary improvements on 22nd Avenue. Also attached is a drawing showing the location of the requested improvements for 22nd Avenue. It is recommended that the City Council adopt the attached resolution Receiving the Petition and Ordering the Preparation of a Preliminary Engineering Report. The resolution also designates Bonestroo, Rosene, Anderlik and Associates, Inc. as the consulting engineer for the project. Fred G. Moore, P.E. FGM:kh attachments: resolution request page - development contract drawing 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: 7 f C C its adoption: introduced the following Resolution and moved RESOLUTION NO. 88 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT PROPOSED 22ND AVENUE IN STEEPLECHASE ADDITION STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 813 BE IT HEREBY RESOLVED BY THE City Council of Plymouth, Minnesota: 1. A certain petition submitted by Lundgren Brothers Construction Company requesting the improvements of 22nd Avenue as platted in Steeplechase 3rd Addition from Steeplechase 4th Addition to Vicksburg Lane by the installation of sanitary sewer, watermain lateral and services, street, concrete curb and gutter improvements and all necessary appurtenances filed with the Council on February 22, 1988 is hereby declared to be signed by the required percentage of owners and property affected thereby. This declaration is made in conformity to Minnesota State Statutes, Sections 429.035. 2. The petitioner has waived his rights to public improvement hearings and special assessment hearings on this project as part of the Development Contract for Steeplechase 4th Addition. 3. The petition is hereby referred to Bonestroo, Rosene, Anderlik and Associates, Inc., and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. LUnDGR(n O CTRUCTIONBROiI 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231 January 14, 1988 Mr. Fred G. Moore Plymouth Public Works Director 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Fred: As I mentioned to you about a month ago, Lundgren Bros. would like the City of Plymouth to undertake the completion of 22nd Avenue North as a 1988 Municipal Improvement Project. To assist the City's Consulting Engineers in the drafting of construction plans, Sathre-Bergquist has compiled the information which Bob Johnson requested, and it is forwarded herewith. Please initiate the process which will place the approval of this protect before the City Council. We would like this construction undertaken as soon as the weather will permit. A petition by Lundgren Bros. has already been supplied. Very truly yours, Lundgren Bros. Coretruction, Inc. Michael A. Peaum' MAP/md enclosures o ;o 13. Land Dedication for Public Use, Parks and Private Recreation Areas continued) 13.4 The $4,400 trail paving cost credit may be directed to Lundgren Brothers Construction, Inc. upon completion of the work, with the written authorization of the Citv of Minneapolis, which will thereby waive anv application of the credit when the total Park Dedication is determined with Stage B of the Parkers Lake Planned Development. 14. Other Requirements 14.1 Compliance with the City Engineer's Memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 14.3 No Building Permits shall be issued until a contract has been awarded for municipal sewer and water. 14.4 No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 14.5 Street names shall comply with the City Street Naming System. 14.6 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.7 The Developer will provide copies of the current overall PUD Plan and its current conditions as an addendum to their purchase agreements. 14.8 Subsequent phases shall be subject to Ordinance provisions for Plan and Plat applications for the review and approval. 14.9 All lots abutting 22nd Avenue North, except Lot 5, Block 1, shall be provided private drive access to internal public roads, and there shall be no drivewav access to 22nd Avenue North, except for Lot 5, Block 1. 14.10 Compliance with applicable terms of the agreement published under Resolution No. 84-261. 14.11 The Developer hereby waives their right to a Public Improvement Hearing and Special Assessment Hearing for the improvements of 22nd Avenue North from the East plat line of Steeplechase 4th Addition to Vicksburg Lane. If the Developer does not proceed with the installation of these improvements, the City can proceed to perform the work during the 1988 construction season. The decision shall be made by the Citv Council by January, 1988. If the City does the construction, it will be assessed to Outlots H and I of Steeplechase 3rd Addition 14.12 The construction plans for 22nd Avenue from the East plat line to Vicksburg Lane shall be submitted prior to filing the Final Plat. 14- i) t U5) ; (a) A_ x (43) iS lu) `Rig. ( ) _ l 9) _ LI )6M.9 RES. (63) M v ft• n, . ee CS Y 1 or n. e6' . T s,e Sv C n, , • w. A X RUN Q) VICKSBURG WEST `= 5 r b'^ 3 ,° J 1 5ZH o< a ! +' ;z f w A ( 77 •.: t z, S j4 (11) 1•.•' ( 3O) ` z .^.jY ()I, i• Q 19) rs f• , pf 11jIQ) lAl a b ` r •° i f+r y L ' ,v 2 9) t.r b rt nr. w' id R • •'('' _ :(72) IBJ •,'" 102 mss. 2 O. s _ (3) ' , . a ( 1i) r. r.• Oi) • aI ` , yid' +p•yp. ' 3 ` 9,'tE ;l z C 6)t s • .8 ,( ISI r• 11P '( (R) , ` •°\y7) 0,y,(/?"(S7 ,) ,• . ID, I U7 - (5) d.., ' j ^ - l i6) 'y'. ro' r 7 + i ,+yL' "•• 5 `' 4'(" 1.•jn e " OUTLOT Ie , - t a 7a) _ (25) ?O6)- a .,,lS'F. w. •-s j0 •" ( ) ^ III - O8) .t. e' :1408`-+ ' .. _ .. -- -- '-- .. - --- --- _ rrf• ca •1 ' •C . I P, fr ae T)9 8 I llo/ b . ) \ Q S \ rm ys '• 1 1 0 •.' If r,. 10 /r ' rr A• ,gym Ivo e2»o- - .``f. "' Iz,`;:•i ` OUTLOT E .. OUTLOT J LS\ n t{, y 1.el It VLti „ •W ,,. ^ • r '• (yI •`( c l s ' "69 • w , `" 6 :" r, e / J ' rr tQ I ( ' .t•) , I rq % +,'(St6 L rte.' tD , 0OV )o) ( taI` =y, b<\,(sf)1 ' q, N t lo•'+ q r OUTLOT K !t o B ': , ''•<,,. O . ';-' f/)` a ,, . IS... /' s9e OUTLOT H T • . t,- / yam ; ` r +' w' ol n+, ro •. a .rr ' y' a (n ly Z ,, A 'Y a: '•+)e '`. lC n • N ,. _ r 'ti.... l ff rf.T " L . ,_ ' 7. ' '(v)F (N.' " 9 °.. .. ' Z .(.+: ,_`i, r tip' .a4 •.` •'` S pr) r OJ` I - _ `i SC• • +')•' (+ f) z ' .•r ' . ',g 'tj :...3 r•a i.` r R_ ... s ee a NO. 7 ,, '—'AR" !oK)(•t) • uF ` - r ro D' —Z 9 3 i` ar 8 4 s : z "' • 1 .? c.( L - 4. .4 7y7' " .x ` fa.{+ :`i ,•tT : 7.z 6 ' (,f , .f _ 9 •r° I I e`A L91a '•`' •,)=44 6• / S ' 2; 3 f S P, AS RD I;A D. tq YI : : (tdl Is X16 2 r%) As D y" ' tt.:,;• •+ ` `` > p "` ,p. 4f •ri yrle„ 1 \.. a—' ej ep• U' 1134 r' `.f ; MT Isua yo, b.s w.0 n%n ' yt ! `, t Is .o •.rte ,n ..ai Irn ria q t{ it `^ q4 . ' t ' no,.o • ,, a Irrla +./ i4. 1 S' } r r.. '! 1 ..! I 1, /' '> S w 1111 a 1?, • .. - lr1Mt1 • f - _ , 1•.MI . ... /. ' r M',y r.1 . •, ... V i 1- 9 P ) --r CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO TO: February 16, 1987 for Council Meeting of February 22, 1988 DATE: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM: John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS We have received a request from the developers for a bond reduction to reflect completed work in their development. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. Silverthorne 3rd Addition (87009) 2. Kingsview Heights Addition (84100) 3. Kingsview Heights 2nd Addition (85039) 4. Deerwood Estates Plat Two (A-784) 5. Deerwood Estates Plat Three (A-784) John R. Sweeney JRS:kh attachments: resolutions CITY OF PLYMOUTH meeting of the City Council of Pursuant to due call and notice thereof, a day of ' the City of Plymouth, Minnesota was re held on the 1988. The following members were p x it is The following members were absent: x CXX introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND KINGSVIEW HEIGHTS ADDITION (84100) WHEREAS, in accordance with the development contract dated April 10, 1985 Harstad-Todd Construction Company, developer of Kingsview Heights Addition (84100), 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; VED NOW, THEREFORE, BE IT HEREBY REu0remenBs are reduced COUNCIL as follows: CITY OF PLYMOUTH, MINNESOTA; that the bonding req MR Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 18,660 0- 0- 0- 13,470 0- 23,160 0- 3,000 0- 0- 0- 300 0- 15,000 0- 0- 0- 82,421 0- That the letter of credit required be reduced as detailed above from $2,016 to $0 (zero) 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 13,000 $1,000 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: CXX adoption: meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND KINGSVIEW HEIGHTS SECOND ADDITION (85039) WHEREAS, in accordance with the development contract dated June 26, 1985, Keith T. Harstad and Diane N. Harstad, developer of Kingsview Heights Second Addition (85039) has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer inc. in Boulevard & Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading & Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL C L4110 I Project Original No. 544 Public Private Total 202,500 374,379 0- 576,879 0- 392,017 0- 392,017 0- 229,358 0- 229,358 St. cost 217,458 0- 217,458 0- 0- 45,000 45,000 0- 0- 0- 0- 0- 2,100 0- 2,100 0- 0- Grading Permit iss. 0- 11,912 23,529 35,441 147,267 8.22 1.55_,49.Q 202,500 1,374,491 76,752 1,653,743 K, Resolution No. 88 - Page Two NEW AMOUNT ITEM Project Original No. 544 Public Private Total Street Construction 202,500 0- 0- 202,500 Sanitary Sewer 0- 0- 0- 0- Watermain 0- 0- 0- 0- Storm Sewer inc. in st. cost 0- 0- 0- Boulevard & Drainage Swale Sod 0- 0- 6,000 6,000 Pond or Ditch Construction 0- 0- 0- 0- Street Signs 0- 2,100 0- 2,100 Site Grading & Drainage Improvements 0- 0- Grading Permit iss. Park and Trail Improvements 0- 0- 2,353 2,353 Design, Administration, Inspection, As-Builts Q 147'267 720 147,987 TOTAL 202,500 149,367 6,720 360,940 That the letter of credit required for the above items be reduced as detailed above from $389,293 to $360,940 to reflect the completed work. 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: Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Cash: $ -0- $ -0- Letter of Credit: Furnished with Grading Permit The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: C ACX adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND DEERWOOD ESTATES PLAT TWO (A-784) e WHEREAS, in accordance with the development contract dated March 28, 1984, Wiswell Estates, Inc. and International Development, Inc., developer of Deerwood Estates Plat Two (A-784) ), 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: 0 :M4 lwff.1b1411jal Street Construction $ Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Street Sweeping and Storm Sewer Cleaning Maintenance of Erosion and Sediment Control Plan Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL 25,800 2,580 20,656 0- 34,379 0- 0- 0- 4,000 400 0- 0- 0- 0- 2,000 200 2,000 200 5,000 0- 0- 11,260 0- 406 105,095 $ 3,786 That the letter of credit required for the above items be reduced as detailed above from $8,490 to $3,786 to reflect the completed work. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: _ The following members were absent: YXX adoption: meeting of the City Council of day of , YX)t introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND DEERWOOD ESTATES PLAT THREE (A-784) WHEREAS, in accordance with the development contract dated May 16, 1984, Wiswell Estates, Inc. and International Development, Inc., developer of Deerwood Estates Plat Three A-784), 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 Street Sweeping & Storm Sewer Cleaning Maintenance of Erosion and Sediment Control Plan Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL ORIGINAL AMOUNT NEW AMOUNT 46,300 4,630 28,500 0- 30,900 0- 23,900 0- 6,400 600 0- 0- 450 450 2,000 500 2,000 500 49,200 0- 0- 0- 22,758 802 212,408 $ 7,482 That the letter of credit required for the above items be reduced as detailed above from 17,338 to $7,482 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. iClYx t4c% U CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 8, 1988 TO: James G. Willis, City Manager \ FROM: Frank Boyles, Assistant City Manager\` SUBJECT PLYMOUTH METROLINK 3 -YEAR OBJECTIVES SUMMARY: As part of my annual performance objectives, I am to prepare 3 -year work objectives for Plymouth Metrolink to provide future direction to the program. The attached draft objectives point out the current benefits of Plymouth Metrolink and then set forth eight general objectives for the program. The objectives also identify a means through which the Council will annually review the progress which has been made in each area. It is recommended that the Council adopt the objectives as submitted to direct the administration of Plymouth Metrolink in the coming years. FB:kec attachment ti 2/88 . PLYMOUTH METROLINK THREE-YEAR OBJECTIVES 1988-1990 The City Council is desirous of establishing long-range objectives for the effective and prudent management of Plymouth Metrolink. This document which sets forth the three-year objectives for Plymouth Metrolink has been reviewed and approved by the Council at their February 22, 1988 meeting. Since its inception in October, 1983, Plymouth Metrolink has afforded the City, its residents and business persons with the following benefits: 1. Provided transit service to Plymouth residents and businesses which would otherwise not be available. 2. Redirected Plymouth property tax dollars to support transit services for City residents and businesses, rather than subsidize transit in other cities in the metropolitan area. 3. Allowed the City to partially control its transit future rather than be totally dependent upon other agencies responsible for metropolitan area transit. 4. Allowed for testing of an innovative transit concept, matching vehicle and system type to the low population density and unique needs of Plymouth. 5. Enhanced community identity to residents and businesses. 6. Provided recognition to the Plymouth City Council and staff as a leader in transit innovations. To provide future direction to the program, the City Council desires to establish program objectives. The objectives are to act as guides in day to day program administration: 1. Ridership - Program operations and planning should be directed to increase system -wide ridership by at least 5% per year. 2. Program Costs - Annual program costs should not exceed 90% of the City's property tax transit levy. Transit in Plymouth should continue to receive both state general fund money and property tax. 3. Subsidy Per Passenger - The subsidy per passenger, excluding capital costs, should be maintained at minimum levels recognizing that the low population density of the City will tend to increase this figure. PLYMOUTH METROLINK THREE-YEAR OBJECTIVES Page 2 4. Service Effectiveness - Explore ways to increase ridership by annually evaluating and revising the types of service, and/or route efficiency, for commuter/reverse commuter and internal circulator, in accordance with the development trends of the community. 5. Service Area - Evaluate the cost-effectiveness of expanding Plymouth Metrolink service to include all or additional portions of Plymouth. 6. Integration With Other Services/Communities - Assess the appro- priateness of integrating Plymouth Metrolink services with services provided by or to adjacent communities. 7. Promotion of Rideshare - Evaluate means through which Plymouth Metrolink can improve ridesharing in the Plymouth area on an ongoing basis. S. Competitive Bidding - Cooperate with the Regional Transit Board in the implementation of the competitive bidding guidelines. Implementation of Plymouth Metrolink Objectives - These objectives will provide day to day direction for the administration of Plymouth Metrolink. Each year at the time of request for contract renewal, the City staff will be responsible for providing the City Council with a report regarding the actions taken to implement these objectives during the preceding year. The Council shall determine whether sufficient progress has been made toward each objective and/or whether the objectives should be revised to better reflect changes which have taken place in the transit arena. r CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 18, 1988 TO: dames G. Willis, City Manager 3( \ . FROM: Frank Boyles, Assistant City Manager and Blair Tremere, Director of Planning and Community Development SUBJECT SIGHT OBSTRUCTIONS AT CITY INTERSECTIONS SUMMARY: In the past year we are aware of two vehicular accidents in which the drivers allege that plantings and landscaping at an intersection caused sight obstruction which contributed to the accident. Current city code addresses sight obstructions in the zoning ordinance, but does not provide an effective abatement procedure. This memorandum and the attached letter from the City Attorney recommend an ordinance amendment which would effectively deal with such issues in the future. The zoning ordinance provides that property owners may not erect a fence or wall over three feet in height above the curb level within 20 feet of any street right-of-way corner, so as to interfere with traffic visibility. The zoning ordinance also provides that all plantings and landscape materials in front yards and in the area within 20 feet of any street right-of-way corner, shall be located and maintained so as not to impede safety by obstructing the vision of pedestrians or motor vehicle operators from private drives into the public street or at intersections of public streets. Landscaping materials are defined to be both plantings as well as inanimate objects. Under current city code provisions, elimination of the obstruction would require the use of a formal complaint procedure and court order. This procedure is not an effective means of abating the problem. In instances where the City has standards and codes, knowledge of obstructions, and related accidents, the onus is on the City to eliminate the obstruction to prevent future incidents. The City is deemed to be on notice at least regarding the two intersections where accidents have already occurred. As such, we have liability exposure which could involve us in litigation as a responsible party. The City Attorney's letter addresses this issue in greater detail. The initial decision the Council should make is whether or not sight obstruction language of any sort should continue to exist in either the zoning ordinance or city code. If not, enforcement is a non -issue and we would prepare an ordinance amendment deleting any regulatory language in this regard. SITE OBSTRUCTIONS AT CITY INTERSECTIONS w February 18, 1988 If the Council believes regulatory language minimizing sight obstructions should be retained, then an appropriate enforcement mechanism must be added to the existing code. The City Attorney has recommended that the Plymouth City Code, Section 2010, be amended to declare a public nuisance to include: permitting, suffering or maintaining any fence, wall, plantings, landscape materials or any other item over three feet in height above the street curb level and twenty feet of any street right-of-way corner, so as to interfere or obstruct with traffic visibility. Under Section 2010, elimination of sight obstructions requires notice to the affected property owner, a hearing before the Council, and a period of time to correct the infraction. If not completed, the City is authorized to enter upon the property to complete the work by contract and assess the associated costs, plus administrative costs against the property. Enforcement efforts will take place on a complaint basis or where sight obstructions are observed and deemed to constitute a problem. If this code provision is adopted, Blair Tremere will process an amendment to the Zoning Ordinance to remove the sight obstruction language as a zoning matter in deference to the more effective nuisance approach. As a concurrent step we will attempt to educate property owners about this program through Plymouth on Parade and handouts to cooperatively resolve these issues whenever possible. The ordinance amendment is recommended for City Council adoption. FB:kec attachment 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier 16121 333-0540 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Dayle Nolan John G. Kressel Steven B. Schmidt James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Rodney D. Anderson Corrine A. Heine David D. Beaudoin Steven M. Tallen Mary Frances Skala Christopher J. Harristhal Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi Lc (-N c c U4 4-i henne(k OTI- en K. llra\%z Ih ul.,nnial t..nt i:ninn February 2, 1988 Mr. Frank Boyles Assistant City Manaa_er City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Sight Obstructions at Intersections Dear Frank: You have asked for advice pertaining to the most appro- priate method of enforcing the Citv's Zoning Ordinance provision pertaining to sight obstructions at intersec- tions. Specifically, you inquired as to the potential liability of the City for not enforcing the provision when the City has actual notice of a violation. In those instances where the sight obstructions are actually located within the street right-of-way, the City, of course, can remove the obstructions. The main thrust of your question pertains to situations where the obstruc- tions are on private property. Minnesota law provides immunity for discretionary acts of municipalities. That immunity, however, can be waived by the procurement of insurance. Court decisions in Minne- sota have been substantially eroding a municipality's immunity for discretionary acts even when those discre- tionary acts pertain to activity on private property. For example, in Andrade v. Ellefson, 391 N.kt.2d 836 Minn. 1986) the court held that a municipality is not immune from liability for inspecting day care facilities if the city has actual knowledge of a dangerous condition existing in the facility. The ability of a governmental entity to enforce provi- sions of its ordinances depends, in part, on discretion- ary matters such as the allocation of personnel, cost of enforcement, and the likelihood of ultimate success in the enforcement proceeding. In balancing and weighing these factors, the City, by necessity, is making a discretionary decision. As I understand it, there are Mr. Frank Boyles February 2, 1988 Page 2 situations within the City in which city staff has actual knowledge of sight obstructions at intersections. In my opinion, the City would not be immune from potential liability for those situations even though they exist on private property. In light of the potential for liability on the part of the City, I would recommend that the zoning ordinance provision pertaining to sight obstructions be enforced in those situations where the City has actual knowledge of the violation. There is no requirement that the City conduct an inventory of all locations having sight obstructions within the City. Enforcement could be handled on a complaint basis. In order to more efficiently handle the potential problem of sight obstructions at intersections, I recommend that the City Code Section pertaining to nuisances be amended to define sight obstructions as public nuisances. There- fore, the abatement procedure of the nuisance section could be used to handle the problem, rather than criminal prosecution. I am enclosing an amendment to Section 2010 of the City Code that would accomplish this result. Please let me know if you have any questions concerning this matter. Sincerely yours, LeFEVEP.E, LEFLER, KENNEDY, O'BRIEN & DRAWZ a es J. Thomson,/ 0066LT10.I34 Enclosure cc: Jim Willis (w/enc.) Blair Tremere (w/enc.) t Ordinance No. 87 - AN ORDINANCE RELATING TO PUBLIC SAFETY AND SIGHT OBSTRUCTIONS AT INTERSECTIONS; AMENDING SECTION 2010.01, SUBDIVISION 1 OF THE PLYMOUTH CITY CODE. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. The Plymouth City Code, Subsection 2010.01, Subdivision 1 is amended to read: Subdivision 1. Defined. The following acts are declared a public nuisance. a) Engaging in any business or activity which is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which consti- tutes an annoyance to the persons in the neighbor- hood, or is detrimental to the property in the neighborhood. b) Permitting, suffering, or maintaining, or failing to remove an offensive nauseous, hurtful, danger- ous, unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid or thing, upon one's premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property. c) Constructing or maintaining or permitting or suffering upon one's property any billboard, sign, poster, or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign, or device, or blasphemous written or printed state- ment, calculated or such as is likely to cause a breach of the peace. d) Displaying, circulating, issuing or publishing any slanderous or obscene, immoral, or lewd pictures, posters, literature, writings, drawings or oral statements. e) Permitting, suffering, or maintaining any fence, wall, plantings, landscape materials, or any other item over three feet in height above the street curb level within twenty feet of any street right-of-way corner so as to interfere or obstruct with traffic visibility. Sec. 2. This ordinance is effective in accordance with Subsection 110.11. Mayor Attest: Clerk 0066ORO1.I34 9C CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 18, 1988 For City Council Meeting of February 22, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: PUBLIC IMPROVEMENT PROJECT STATUS REPORT Attached herewith is the following information with regard to the current public improvement projects: 1. Approve payments - 1/25/88 to 2/22/88 2. Bonestroo, Rosene, Anderlik and Associates - Zachary Lane Water Treatment Plant report With the exception of the Water Treatment Plant, there is no construction taking place at the present time because of weather conditions. A Fred G. Moore, P.E. FGM:kh attachments: payment list report PUBLIC IMPROVEMENT PROJECTS APPROVE PAYMENTS FROM 1-25-88 TO 2-22-88 REPORT NO. 36 PAYMENT DATE NO. REC'D CONTRACTOR PROJECT 3 1/13/88 NewMech Companies, Inc. Deep Wells 8 & 9 Pumping Facility Prof. 625) 7 1/14/88 Shaw -Lundquist Assoc., Inc. Zachary Ln./Water Treatment Facility Proj. 431) 8 2/3//88 Shaw -Lundquist Assoc., Inc. Zachary Ln./Water Treatment Facility Proj. 431) 2 2/8/88 Moser Const. Co. Revere Ln/Trenton P1. 2nd Addn. (Proj. 517) DATE OF APPROVAL AMOUNT 1/14/88 $10,706.50 1/15/88 $215,365.95 2/5/88 $335,196.40 2/8/88 $3,416.01 i CONSTRUCTION PROGRESS REPORT Zachary Lane WTF Plymouth, MN Project No. 431 February 18, 1988 Work Completed: Xuch progress has been made in the past month. While bitter cold slowed progress on a couple of days, the building is now far enough along that it provides protection to accomplish at least some interior work. All of the Lower Level masonry walls, and the east and north Upper Level walls, are com- plete. The precast roof planks have been set over the Lower Level and the High Service Pump Room, with only the Filter Area remaining. The north half of the Upper Level slab and the Filter walkways and curbs have been placed. The masonry walls are now being brought up around the filters. Other items completed include hanging most of the 20" filter influent piping, placing the insulation and floor toppings in three of the five Lower Level rooms, placing concrete bases for many of the larger equipment, and drilling for the ele- vator shaft. Some of the major equipment has been delivered to the site, some of which has been placed. Those items in place include the blowers, motor control centers, dehumidifier, and the supplemental backwash pump. Items delivered to the site in- clude the General Filter center columns and distributor boxes, the make-up air unit, all of the sludge and recycle pumps, and the shaft for the elevator. Schedule: The construction itself is still approximately 2 weeks behind the amended schedule. However, what may impact the Substan- tial Completion date more is the delivery, installation, and start-up of the Supervisory Control. A newly revised sche- dule reflecting the timetable of these items, agreed upon at a meeting held a week ago, will be submitted in the near future. The Contractor still maintains that the June 15, 1988 date will be met. Work crews from the mechanical and electrical contractors have been increased in the past week and are expected to increase further as the building gets en- closed. Phil Caswell Bonestroo, Rosene, Anderlik, & Assoc. i 4 9 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 10, 1988 for City Council Meeting February 22, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director*-- SUBJECT DECLARING COST AND SETTING PUBLIC HEARING FOR 1987 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2 DECLARING COST AND SETTING PUBLIC HEARING FOR 1987 WEED ERADICATION AND DESTRUCTION, ROLL 4 1. Attached are resolutions declaring the cost to be assessed and ordering the preparation of the assessment roll and the necessary resolutions setting March 21, 1988 for the public hearings for removal and destruction of diseased trees, roll 2. The total 1987 cost is $ 1,913.75. It is recommended that the City Council adopt the attached resolutions. 2. Attached are resolutions declaring the cost to be assessed and ordering the preparation of the assessment roll and the necessary resolution setting March 21, 1988 for the public hearings for weed eradication and destruction, roll 4. The total 1987 cost is $712.52. It is recommended that the City Council adopt the attached resolutions. 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 )CX )C adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1987 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2 WHEREAS, pursuant to the provision of Section 18.271 M.S.A., the City Forester of the City of Plymouth has caused the destruction and removal of diseased trees on certain lands within said City, and a determination has been made that certain charges thereto have not been paid as provided by law, and the total amount of such work amounts to $1,913.75. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The cost of such assessment to be specially assessed is hereby declared to be $1,913.75. 2. The City Clerk, with the assistance of the City Forester, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. 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. 7 C X X)CX C ACX 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 XX X adoption: introduced the following resolution and moved its RESOLUTION NO. 88 - RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT 1987 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2 WHEREAS, by a resolution passed by the Council on February 22, 1988 the City Clerk was directed to prepare a proposed assessment for the total cost for the destruction and removal of diseased trees on certain lands within the City as provided by law; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A public hearing shall be held on the 21st day of March, 1988 in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total amount of the assessment. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll. 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. Yxat 1987 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 2 Carona Wolfe 15405 9th Avenue North Plymouth, MN 55447 33-118-22-24-0025 John Wiegard 18005 31st Avenue North Plymouth, MN 55447 19-118-22-13-0002 Jan Robinson 2345 West Medicine Lake Drive Plymouth, MN 55441 26-118-22-12-0010 Timberton Homeowners Assoc. Don Munson 5750 Shady Oak Road Hopkins, MN 55343 21-118-22-33-0316 Amount $70. 00 Amount $ - 1/0 K Amount $1353,00 Amount 0 Fig! p g ? I MvAikl kip kw k. 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 X)CX XXX adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 1987 WEED ERADICATION AND DESTRUCTION, ROLL 4 WHEREAS, pursuant to the provision of Section 18.271 M.S.A., the Weed Inspector of the City of Plymouth has caused the 1987 Weed Eradication and Destruction Roll 4 on certain lands within said City, and a determination has been made that certain charges thereto have not been paid as provided by law, and the total amount of such work amounts to $ 712.52. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The cost of such assessment to be specially assessed is hereby declared to be $ 712.52. 2. The City Clerk, with the assistance of the City Weed Inspector, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. 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 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: _ j'K j XXX adoption: introduced the following resolution and moved its RESOLUTION NO. 88 - RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT 1987 WEED ERADICATION AND DESTRUCTION ROLL 4 WHEREAS, by a resolution passed by the Council on February 22, 1988 the City Clerk was directed to prepare a proposed assessment for the total cost for the 1987 Weed Eradication and Destruction, Roll 4 on certain lands within the City as provided by law; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A public hearing shall be held on the 21st day of March, 1988 in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total amount of the assessment. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll. 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 TQC XlC 1aCX )! 1987 WEED ERADICATION AND DESTRUCTION, ROLL 4 Amount Marvin J. Fish 8325 Northwood Parkway New Hope, MPJ 55427 PID# 24-118-22-31-0055 Suncrest Home Builders, Inc. Amount $ 75 ()Q 6926 Jersey Circle North Crystal, MPJ 55427 ID# 11-118-22-14-0085 Jerry Williams Amount $3 %._ 13930 36th Avenue North Plymouth, MN 55441 PID# 15-118-22-33-0106 B.L.H. Development Co. Amount 3030 Harbor Lane No., Suite 131 lymouth, MN 55441 PID# 03-118-22-41-0045 Amount Vern Reynolds Const. Inc. 6570 Goldenrod Lane No. Maple Grove, MN 55369 PID# 02-118-22-23-0011 Vern Reynolds Const., Inc. Amount S -577,527 5570 Goldenrod Lane No. laple Grove, MN 55369 PID# 02-118-22-23-0010 Vern Reynolds Const. Inc. Amount S (j 6570 Goldenrod Lane No. Maple Grove, MN 55369 PID# 02-118-22-23-0035 1987 WEED ERADICATION AND DESTRUCTION, ROLL 4 John Lonke Amount $/'? %J 10735 48th Avenue North Plymouth, MN 55442 PID# 12-118-22-32-0079 John Lonke Amount $ %J 10735 48th Avenue North Plymouth, MN 55442 PID# 12-118-22-32-0080 Bruce Franz Amount $ 12405 50th Avenue No. Plymouth, MN 55442 PID# 11-118-22-23-0038 Jean M. Zurek Amount $f i, 10115 49th Avenue North Plymouth, MN 55442 PID# 12-118-22-42-0066 Min y--- T- --n,-- CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 17, 1988 for City Council Meeting February 22, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director A,' ,, SUBJECT PROJECT CLOSE OUT REPORT SUMMARY: The attached report describes the pertinent cost and financing data for closing out various projects. The projects shown on this report are completed and any remaining funds should be transferred to the Debt Service Fund. A resolution transferring these funds is attached for Council consideration. Various projects bonded for in 1984, 1985, and 1986 have been completed. The comparison data for these projects is shown on the attached schedule (Exhibit 1). Of particular interest on this schedule is the column "final cost" (5) compared to the column "total financing sources" (11). When the final cost is compared to the total financing sources, you will note some differences. One project, 4503, was overassessed and Fred Moore will be requesting Council action for a reduction in this levy. Many projects are assessed in advance of having the total final costs incurred and paid for. Because of this, some assessments are not exactly the same as the final costs. For the other projects, excluding 4503, the total financing sources are more than the final costs in some cases, and less than the final costs in others. Overall, the differences are minor in nature and tend to offset. I have asked Fred Moore to comment on the differences between the original estimated cost (4) which was the engineers best estimate at the time of the bond sales and the final cost (5) for those projects with major deviations. A copy of his response is attached (Exhibit 2). For the projects that are completed, any remaining funds left in the Construction Fund should be transferred to the corresponding Debt Service Fund. I have attached a resolution which would authorize these transfers. Fred Moore and I will be at the Council meeting to discuss any questions Council may have. Exhibit I Ol N 1--I rl M co Ln co Ln O O C tD M O 1 tD O 00 O M H Ln O Ln Cl 1 cc N O n O n V E L C V f\ O n mLn 1 N Ol M co 4'o ro L tD N f\ co Lf) Ol N O t- t\ i-1 c 71 O •r O 1 p N ri W Vtf ro a c T Y c E 1 y ro E C f J E 7L O w w U E. U O O C O E •r ro ro N 2 U to H EcAO O N O co N O M O cn W tr O O V U yC7 t) O O O fT V O O Ol Ln tD V) E QI Ln t.7Z UZ 0 Y Y Y Q C C c Z O 7 7 7 OJ_- s - LO0 T T L fn r Q -r Q Q Q •r n EIb L r to '1- N V) N N E fd y y y 7U- T 1I L=), L1 iV? L M OO O m O 1- O 00ON OOO O Ln O I- O .--I N O to co Ln N 00 O .--I N In M N V N N ri M coLnInto 0 tD L O I c0 cot> N 0c0 Ln Ql O N M t0 ro n r y r- Ol n co O N Ln r\ U E tD f N CF fT lfl lD t\ E LM H co r--1 M In Qc rl M I 00 Zr I Ln 00 Ln O O MIDMd' n Ln to O c0 O M Ln O cc M M O N O Ln O n O N to N Ol Cl) 00 ro y tD N f\ to Ln Ol N O n r- 5D NO LL U t to O O O O O 00 Ln O ro ul Cl M ll O Ln f\ O In c o r y n ON N Ln Ol M M to Ln v Q1 E y tp 1 O 00p M ap N Ln M In y yf N 1--1 O I Lf') 1 L.fl cc i 0 o C) W v Ln to to Ln Ln Ln tD Ln Ln v v 00 00 co 0o co 0o 00 00 00 co u E E L Irl N 1--1 Gf' V N Ln E •.- E O Co N O O O O f O N O d 0 OlO OI CO NO NO MO tDO VO VO LnO N Y L 1 O L L N E N C N O 1 E E Y E E L C 7 E V tD L C L 0 O O L Ql ro N y c E c v L •r d Ct L y T V) 1 O 1 to N Li E f1 ¢ t C c ro O O +1 E E+.1 1--t E O E CO E Lm L ZD co 7c crt% LnL Ln E I ro C J E to mUC y ea L o2S Z E Jy E V E Ln ro T C W ro E U O 41 r 1 E E 411 Q E ro -E Q L > u V E L E- V L E L E 7 Y r,O L v r) V E O 7 E E E E E L r t E L E 0)L E O rn L L E L Y L C L 1 C fT C E ro a 1 L E rt,4 1 E 1 ro U 1 U +1 n E rro V L r E O C d p U N O N J V) V) N V) Gf X 2 J M U Z U 1-+ yU L O E T1--I to M Ln V Ir 0) O\1 to A L 7 M tD I O O O O N O N f1 Z Ln tD tD Ln Ln Lr) lD M Ln 1-1 N Exhibit II CITY OF PLYMOUTH 3400 PLYMOUTH BLVD.. PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 18, 1988 TO: Dale Hahn, Finance Director FROM: Fred G. Moore, -'Director of Public Works SUBJECT: PROJECT CLOSE OUT REPORT You have requested that I comment on the differences between the original estimated cost and the final cost for projects which are being closed at the end of 1987. The projects, which I will be commenting on, are those which have a major difference as indicated in your project report and shown on column (4) and column (5): o Proiect 616 - Scherer Brothers 2nd Addition, Street and Utilities There is a drainage ditch yet to be excavated within one of the storage ponds which is actually within the Harrison Hills Addition. The developer has recently granted the City permission to do this work and it will be performed before the spring thaw. I would estimate the cost of this work between $5,000 and $6,000. This will bring the final cost very close to the original estimate. o Proiect 503 - Scherer Brothers Addition, Street and Utilities The original estimate for this project included completing Nathan Lane between the Scherer Brothers Addition and existing 56th Avenue. This portion of Nathan Lane is within the Bass Lake Plaza Addition. The City negotiated with the property owner, M. J. Astleford, to obtain the necessary street easement and their agreement to pay the street construction cost. The property owner was unwilling to grant the easement or agree to the assessments, and therefore, this portion of the project was deleted by a change order approved by the City Council. When the property owner develops this property, they will be responsible for completing the street construction. o Proiect 504 - 47th Avenue - adiacen_t to Tammie Middlemist Addition After this project was approved by the City Council we received a petition to extend the project to serve an additional three lots. The additional street, sanitary sewer, and watermain construction account for the difference between the original estimate and the final cost. o Proiect 505 - Xenium Lane north of 34th Avenue The scope of this project did not change from the original preliminary report. The reduced final cost simply reflects the conservative estimate prepared by the consulting engineer in the preliminary report. PROJECT CLOSE OUT REPORT February 18, 1988 Page Two o Proiect 324 - 34th Avenue - Plymouth Creek Estates Addition The original estimate for this project only included that portion of 34th Avenue which was not constructed between the driveway into the City Center Building lower level parking lot and the Park Place Apartment project. The developer, in accordance with the Development Contract, constructed the remainder of 34th Avenue within the Park Place project easterly to Fernbrook Lane. In accordance with the City's adopted Special Assessment policy the City was responsible for a portion of the cost of 34th Avenue within the development. The City's cost was detailed in the Development Contract. These costs were added to the project and when the City authorized reimbursement to the developer, they allocated the funds from the City's Municipal State Aid account. o Project 509 - Niagara Lane Street Improvements. Highway 55 to County Road 6. The scope of this project did not change from the original estimate to the final construction plans. The difference in cost reflects the very favorable bid prices we receive compared to those used by the engineer when they made their estimate. As shown in your report Project 503, Scherer Addition Street and Utilities, has been over assessed by approximately $167,000. This project was assessed before we had completed the construction. When the consulting engineer provided us with their estimate of the final construction costs, they did not delete the cost of the project which had been removed by a change order approved by the City Council. The assessments were spread on several lots within the addition and in accordance with the request of the developer this was not uniform because of their sales agreement on one of the lots within the addition. We are presently working with the developer on a respreading of the assessment to reflect the actual construction cost. We will have a resolution for City Council action in March, 1988. I will be in attendance at the City Council meeting if there are any additional questions on the Project Close Out report. FGM:kh CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following were present: The following members were absent: 7 CXX adoption. C X)C CNX introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING THE CLOSING OF PROJECTS AND TRANSFER OF REMAINING CONSTRUCTION FUNDS TO CORRESPONDING DEBT SERVICE FUNDS WHEREAS, the City of Plymouth has authorized the construction of various projects, and WHEREAS, bonds have been sold to finance these projects, and WHEREAS, it is sound financial management to transfer the remaining construction funds to the respective debt service funds for projects that are completed; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that Project #'s 129, 216, 225, 304, 324, 503, 504, 505, 509, 534, 604, 616, and 661 be closed and all remaining construction funds be transferred to the corresponding Debt Service Funds. 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. it 'X it icicicxeYx CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 17, 1988 for City Council Meeting February 22, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director 0044— SUBJECT RECOMMENDATIONS FOR EXPANSION OF CITY'S RISK MANAGEMENT PROGRAM We have solicited proposals for the various City liability and property insurance coverages. For our next insurance year, which begins April 1, 1988 I have requested proposals which would double and triple the individual and aggregate deductible amounts for the various coverages. For general liability, automobile liability, and public officials liability our present deductible amount is $25,000 per loss and $100,000 annual aggregate. For the property damage and automobile physical damage our present deductibles are 5,000 per loss with $30,000 annual aggregate. I have requested that our insurance agent, Don Kuplic, respond with these amounts as soon as possible. Typically, insurance companies will not respond with their proposals until within a week to ten days of the City's renewal date. This limits the time we have to thoroughly analyze the various coverage proposals. In addition to looking at higher deductible amounts for the various coverages, I would also suggest we consider not buying the liability "tail policies" for prior years. The tail policies provide coverage for claims that were incurred during the last policy year, but not formally submitted to the City until after the close of the policy year. At this time, I know of no potential claims that have not been filed with the City. This past year the tail policy cost us $7,570. I believe it would be in the City's best interest to consider larger deductibles for the next insurance year as well as consider self-insuring the tail policies for the various liability coverages. If Council has any additional quotation they would like me to solicit, or areas I should investigate, I would be pleased to do so. I will be at the Monday night meeting to address any concerns they may have. 1G CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 17, 1988 TO: Mayor and City Council FROM: dames G. Willis, City Manager) SUBJECT 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER The Council reviewed these draft performance objectives at the last Council meeting. A new section VI (Cost Effectiveness) was added by the Council. The Council also indicated it wanted to establish weighing and measures for each of the six items. I have received ratings from all Councilmembers except Councilmember Vasiliou. The following is a table illustratinq the ratings received to date. Councilmembers Sisk and Ricker indicate that the revised performance objectives and standards for my position reflect their collective understanding of the Council's directions from the last Council meeting. JW:kec Schneider Sisk Zitur Ricker Average 1. 20 25 20 15 20 II. 14 25 15 20 18.5 III. 14 15 15 30 18.5 IV. 25 10 25 10 17.5 V. 7 15 5 15 10.5 VI. 20 10 20 10 15 Councilmembers Sisk and Ricker indicate that the revised performance objectives and standards for my position reflect their collective understanding of the Council's directions from the last Council meeting. JW:kec CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 Rev. February 18, 1988 MEMO DATE: February 8, 1988 for City Council Meeting of February 8, 1988 TO: Mayor & City Council FROM: Councilmembers Sisk and Ricker SUBJECT DRAFT 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER These objectives and standards are prepared by the City Council and the City Manager as a means to measure his performance from January through December 31, 1988. The objectives and standards include specific measurements which will be used to evaluate performance incentives for 1988. Prior to the end of March, June, September, and December, the City Council will meet with the City Manager to review his progress in meeting the objective (quality and timeliness) and subjective (quality and judgement) components of the objectives and standards. The components below will define "meets expectations" for each objective and standard. I. The City Manager shall ensure the appropriate and timely completion of the following projects: A. Water Treatment Plant - Assure that the new water treatment plant is completed and in operation by June 15, 1988, or such later date as the Council may establish. B. Parkers Lake Pavilion - Assure that the Parkers Lake pavilion construction is completed on time and within the Council approved project budget. The construction schedule will be established by the City Council at the time bids are awarded. C. Fire Station No. 3 and Modifications to Fire Station No. 1 - Assure that the construction of Fire Station No. 3 and the modifications to Fire Station No. 1 are completed in a timely fashion and within the Council approved budget. The timetable for each of these projects will be established at the time bids are awarded. D. St. Mary's Neighborhood Park - Assure that the construction of the St. Mary's neighborhood park is completed in a timely fashion and within the Council approved budget. The timetable will established for this project when the bids are awarded. r DRAFT 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 18, 1988 February 8, 1988 Page two E. Capital Improvement Program - Assure that the 1988 Capital Improvement Program projects are undertaken and completed in a timely and effective manner. The timetable for specific projects will be established by the City Council at the time bids are awarded. The City Manager shall provide the Council with monthly status reports on each of the foregoing projects. II. The City Manager will represent and communicate the City's position on matters concerning Plymouth to our State legislators, the Metropolitan Council and Hennepin County. During the State legislative session, the Council deems it important that the City Manager participate actively in matters of concern to the City and represent the position of the City before appropriate legislative committees. He shall also actively participate and repre- sent the City's position in the League of Minnesota Cities, the Association of Metropolitan Municipalities and the Municipal Legislative Commission. The City Manager shall provide the Council with a monthly status report indicating substantive changes in the following areas of particular concern to the Council: A. State legislative funding and/or tax policies affecting local government aid (LGA), property tax structure and homestead credit. B. Environmental matters related to solid waste transfer facilities and source separation of recyclables. C. Revisions to metropolitan system plans which might adversely affect Plymouth's interest. III. Continue to monitor the maintenance program established to protect and preserve the City's investments in all fixed assets and maximize the efficient use of such assets. A. Infrastructure Replacement - The Council has indicated its intent to develop and undertake a comprehensive and city-wide pavement resurfacing program. The Council has also established an infrastructure replacement reserve fund for the purpose of assisting in financing of street resurfacing and/or replacement. The City Manager shall be responsible to develop a report for DRAFT 1988 PERFORMANCE Rev. February 18, 1988 February 8, 1988 Page three OBJECTIVES AND STANDARDS FOR CITY MANAGER review by the Council's Special Assessment Committee, and ultimately adoption by the City Council, which will establish the Council's policy on the long range funding of infrastructure replacement. This report shall be submitted to the Special Assessment Committee not later than April 15, 1988. Followinq adoption of a policy by the City Council the City Manager shall be responsible for implementing the program in accordance with specific Council direction. 1. Present the City's infrastructure replacement program to those owners of the properties involved in an effort to obtain a favorable public opinion of the proposed proqram during the second quarter of 1988. 2. Establish a calendar for the introduction and promotion for the construction of a community center prior to the adoption of the 1989-93 capital improvements program. B. Periodically inspect City facilities so as to reduce the likelihood of accidents resulting from unsafe conditions. Ensure that timely repairs are made when defects are noted. C. Provide the Council with a Risk Management report prior to the end of February highlighting the City's previous year's loss management experience. This report should also make recommendations for possible improvement in the risk management program. IV. COMMUNITY DEVELOPMENT The City Manager shall maintain sensitivity to public relations and take appropriate actions whenever required to establish, redirect or redefine City policies or programs to ensure the continuation of cooperation, confidence and respect of Plymouth residents and the business community. A. Interface With Homeowners. The Building Inspection Division is increasingly called upon to provide advice and assistance to homeowners seeking information regarding construction procedures, design criteria, and code requirements for building modifications and additions. These contacts create a significant demand upon available time of personnel within the division and especially upon non-technical personnel in the office since technical staff are often in the field. Reasonable assistance to citizens is deemed to be a service to be provided, and it will be within the capabilities of available resources. DRAFT 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 18, 1988 February 8, 1988 Page four B. Developer Interface. The City staff is expected to work efficiently and cooperatively with all persons seeking to develop in Plymouth. The Development Review Committee (DRC) has been established to coordinate the various city departments as the main interface with developers. The Planning Division shall inform all developers of city development requirements and status of applications, and shall process applications in an expeditious manner. C. Permit Issuance Standards. The Building Inspection Division shall establish reasonable time standards for review and processing of permit applications, plans and subsequent issuance of permits and periodic inspections. Those standards shall account for all required duties such as enforcement of the erosion control policy and State Building Code requirements. They shall be submitted to the Council by April 4, 1988. D. Fence Permit System. The Council has determined to establish a fence permit system as a means of insuring that residents understand fence requirements. The Council expects that this new permit system will be fully implemented by May 9, 1988. V. SOLID WASTE RECYCLING Hennepin County has established solid waste reduction goals for Plymouth. The Council has determined that a voluntary recycling program, with appropriate publicity and promotion, will enjoy the greatest public support. The City Manager should be responsible to insure that program meets or exceeds the goals established by Hennepin County, with particular emphasis on developing greater homeowner participation. VI. COST EFFECTIVENESS The City Manager is responsible for creating an organizational environment in which employees seek to balance quality services with economy. Department managers shall continually seek economy throughout the areas of their responsibility. The employee suggestion program shall be emphasized. The City Manager shall periodically report on specific areas where cost savings have been identified. L DRAFT 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 18, 1988 February 8, 1988 Page five CONCLUSIONS The City Council will evaluate performance for each objective as "exceeds expectation", "meets expectation", or "does not meet expectation." For total performance to qualify for "exceeds expectation": No objective or standard will be evaluated as "does not meet expectation." At least two-thirds of the objectives and standards will be evaluated as exceeds expectation." For total performance to qualify for "meets expectation": Less than one-third of the objectives and standards will be evaluated as does not meet expectation." At least one-fourth of the objectives and standards will be evaluated as exceeds expectation." An overall rating of "exceeds expectation" will result in an award of 100% of the 1988 performance incentive of $5,000. An overall rating of "meets expectation" will result in an award of less than 100% of the 1988 performance incentive, the amount to be determined by the percentage of individual standards which are rated as meeting standards. An overall rating of "does not meet expectation" will result in no award of the 1988 performance incentive. The Council will meet in April, August and December with the City Manager to review, discuss and evaluate the foregoing progress being made with each objective and standards. Councilmembers will individually rate the Manager's performance on each item requiring rating during the preceding period. The scheduled evaluations will be accumulated and combined with the final review to be completed prior to the end of December. The accumulative evaluation will then determine the Council's evaluation of the Manager's performance for 1988. JW:kec 0 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: February 5. 1988 for Citv Council Meetina of February 22. 1988 TO: James G. Willis - City Manaaer FROM: Richard J. Carlouist - Public Safetv Director" SUBJECT APPROVAL OF CONTRACT REGARDING CANADA GOOSE POPULATION MANAGEMENT AND ECOLOGY ACTION It is recommended that the City Council pass the accompanvina resolu- REOUESTED: tion authorizina an agreement with the Universitv of Minnesota for the manaaement of the Canada aoose population at three different sites in the City of Plymouth. SUMMARY: The City Council authorized an expenditure of $4.000 for aoose manaaement control in 1988. The Council also approved a policy whereby thev would approve any remaining funds of the $4.000 towards those private organizations in the City who wish to participate in aoose population manaaement. The City would participate with anv remainina funds in a ratio up to 50% of the Droiect cost on private property. Recently. the City Council was provided a status update on this subiect matter in the City Council Informational memorandum. At that time I indicated that Cimarron Ponds was the only private entity that stressed an interest in Darticipatina in the aoose management population control Droaram. I have since been alerted that the aeneral manaaer from the Saaamore Manaaement Association has also indicated interest in goose control at their site. 10700 Rockford Road. The enclosed contract between the University of Minnesota and the City of Plymouth covers only three public sites in Plymouth. These sites are: 1. Parkers Lake: 2. Medicine Lake: and. 3. Timber Shores Park. The total contract amount is for $12.000 for four years. This would be a $3.000 a year allocation. There is a 30-dav termination aareement built into the contract. Therefore. we could in effect have a contract on a year-to-year basis. The reason for the 4 -year contract is that Dr. Cooper emphasizes that it takes that lona to obtain any demonstrable lona-ranae effects. Since there will be $1.000 available to participate in fundina private homeowners' associations in the City. the Council should be aware of those two organizations who have already stressed interest. The City will not have to sign any further aareements or be involved as a sponsor with private organizations. Only a request for money will be involved! It is recommended that the City Council approve the attached resolution authorizing a contract with the University of Minnesota for Goose Management PoQuIa- tion Control. RJC:as S CITY OF_ PLYMOUTH Pursuant to due call and notice thereof. a meeting of the Citv Council of the Citv of Plvmouth. Minnesota was held or? the day of 1987. The following members were present: The followina members were absent: tion. introduced the following Resolution and moved its adop- RESOLUTION NO. 88 - CANADA GOOSE POPULATION MANAGEMENT AND ECOLOGY CONTRACT WHEREAS. the City of Plymouth has experienced problems associated with an increased Population of Canadian aeese at three public sites in Plymouth; and WHEREAS, it is desirable to control the pooulation of these geese in order to make the best use of the these sites: and WHEREAS. the City Council has approved funding; for the management of the geese Population in Plymouth: NOW. THEREFORE. BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH. MINNESOTA: that the City enter into an aareement with the University of Minnesota for the manaaement of the goose population problem located at Parkers Lake. Medicine Lake. and Timber Shores Park. Be it further resolved that the contract amount for the first year of this Project will be $3.000. and an additional $9.000 will be included in the contract should the City decide to continue this program for three subseauent years after 1988. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote beina taken thereon. the followina_ voted in favor thereof: The followina voted aaainst or abstained: Whereupon the Resolution was declared dulv passed and adopted. UNIVERSITY OF MINNESOTA College of Forestry TWIN CITIES Department of Fisheries & Wildlife 200 Hodson Hall 1980 Folwell Avenue St. Paul, Minnesota 55108 21 January 1988 Mr. Dick Carlquist Public Safety Director City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Dick: Enclosed is undated contract draft with the changes discussed over the phone. I will contact Ms. Taylor and Ms. Atkinson regarding removal at Cimmaron Ponds. Sincerely yours, T 1-6 James A. Cooper Associate Professor, Wildlife enclosure Ee cm Wi Kjt V, CONTRACT BETWEEN THE REGENTS OF THE UNIVERSITY OF MINNESOTA MINNEAPOLIS, MINNESOTA hereinafter referred to as the UNIVERSITY) L THE CITY OF PLYMOUTH, MINNESOTA hereinafter referred to as the SPONSOR) CONTRACT Title: Canada Goose Population Management and Ecology PRINCIPAL INVESTIGATOR: James A. Cooper CONTRACT AMOUNT: $12,000 EFFECTIVE DATE: March 15, 1988 EXPIRATION DATE: March 15, 1992 IN WITNESS OF the agreements and covenants contained in this contract, the authorized representatives of the UNIVERSITY and of the SPONSOR have hereunto set their hands, each warranting that he/she is empowered and authorized to execute the same. REGENTS OF THE UNIVERSITY SPONSOR OF MINNESOTA BY: 1M&..' Mary Lou Weiss Assistant Director TITLE: Research Administration TITLE: DATE: tall(.( f f DATE: ARTICLE I - Statement of Work The UNIVERSITY hereby agrees to exert its best efforts to perform the work set forth in Appendix A, attached. Any change in the scope or objective of the work requires prior written approval of the Principal Investigator and the authorized representative of the SPONSOR. ARTICLE II - Consideration and Payment Presently, after the authorized representatives of the UNIVERSITY and SPONSOR have fully executed this contract, the UNIVERSITY shall submit to the SPONSOR, an invoice for that year's fee as set forth in Appendix B. Said invoice shall be submitted on or after March 15th of each year. The fee shall be paid within 60 calendar days to the authorized representative of the UNIVERSITY, and in full consideration of all work to be performed, as set forth in ARTICLE I, above, and all costs, direct and indirect, of labor, materials, equipment, supplies, services, and all other costs of whatever nature to be incurred in the performance thereof. ARTICLE III - Budget Appendix B, attached, contains the approved budget for this contract. The budget provides for goose management at three locations within the City of Plymouth. A location is defined as an area where adult and young Canada geese concentrated during June. If the SPONSOR, after reviewing the status of goose populations, requests that management be done at fewer or more than one location, the budget will be revised under the provision provided for in Article V. ARTICLE IV - Reports A. The Principal Investigator shall submit to the authorized representative of the SPONSOR program reports as set forth in Appendix A. B. The UNIVERSITY shall not submit to the SPONSOR financial reports for this fixed-price contract. ARTICLE V - Modifications Any modifications, variations, or waivers of the terms of this contract, and any change in the amount thereof as set forth on page 1, above, shall become effective only upon being reduced to a written amendment hereunto, signed by the authorized representatives of the UNIVERSITY and of the SPONSOR. ARTICLE VI - Termination A. Either the UNIVERSITY or the SPONSOR may terminate this contract by notifying the authorized representative of the other thirty (30) days in advance of a specified termination date. B. Upon receiving a termination notice from the SPONSOR, the UNIVERSITY shall exercise reasonable diligence to cancel orders, obligations, and commitments relating to this contract, and to cancel or redirect commitments for personal services. C The SPONSOR shall remain liable for all costs incurred by the UNIVERSITY pursuant to this contract, including uncancelable orders, obligations, and commitments, made prior to receiving a termination notice. Upon payment of all such costs, the Principal Investigator shall deliver to the authorized representative of the SPONSOR such incomplete Subject Data, in its extant format, as ARTICLE XI, below, requires. ARTICLE VII- Records and Inspection A. The UNIVERSITY shall maintain books, records, and other evidence of costs incurred and revenues received under this contract, to document fully all net costs, direct and indirect, of labor, materials, equipment, supplies, and services, and all other costs of whatever nature. B. At all reasonable times during the retention period, Paragraph C, below, the SPONSOR, or any authorized audit representative, shall have access to such pertinent UNIVERSITY books, records, and other evidence, to audit and examine them. C The UNIVERSITY shall preserve all such books, records, and other evidence pertaining to this contract for three (3) years after the contract period. D The UNIVERSITY shall retain all materials relating to any litigation or claim resulting from this contract, or to contract costs questioned upon inspection or audit, until such litigation, claim, or question has been settled. ARTICLE VIII - Subcontracts A. The UNIVERSITY shall obtain written approval from the authorized representative of the SPONSOR before subcontracting any of the work set forth in ARTICLE I, above. However, this ARTICLE shall not be construed to apply to the purchase by the UNIVERSITY of materials, supplies, equipment, and services incidental but necessary to perform the work set forth in ARTICLE I, above. B. All subcontracts shall incorporate the pertinent provisions of this contract, by reference or otherwise. ARTICLE IX - Assignments The UNIVERSITY and the SPONSOR each shall obtain written approval from the authorized representative of the other before assigning this contract in whole or in part or any monies due or to become due under this contract, to any third party or parties. ARTICLE X - Publication A. The UNIVERSITY and the SPONSOR each may freely publish the results of the work set forth in ARTICLE I, above, both Subject Data, as defined in ARTICLE XI, below, and otherwise, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. The Principal investigator and the authorized representative of the SPONSOR each shall submit to the other, copies of all such manuscripts for review prior to publication. B. Publication by either the UNIVERSITY or the SPONSOR shall credit the other for the cooperative nature of the said work. Commercial brands or trade names shall not appear in such publication, except as necessary to describe the said work; nor shall the names of the UNIVERSITY or of the SPONSOR be used for advertising purposes. C Prior to publication, either the UNIVERSITY or the SPONSOR shall obtain written approval from the authorized representative of the other before publicizing the results of the said work. ARTICLE XI - Rights in Data and Copyright A. The term "Subject Data" as used herein includes research data and reports, writings, sound recordings, pictorial reproductions, drawings or other graphical representations, and works of any similar nature (whether or not copyrighted), which the UNIVERSITY shall deliver to the authorized representative of the SPONSOR pursuant to ARTICLE IV, above. The term does not include financial reports, and materials, books, records, and other evidence incidental to contract administration. B. The UNIVERSITY shall own all copyrights arising from the Subject Data. However, if the University chooses not to obtain such copyrights, the SPONSOR may secure them. C In the event that either the UNIVERSITY or the SPONSOR secures a copyright pursuant to ((B) above, such party (the Licensor) hereby grants to the other (the Licensee) a royalty - free, nonexclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, ad to authorize others to do so for the Licensee's use, all Subject Data now or hereafter covered by copyright: Provided that with respect to Subject Data originating outside of this contract but incorporated into the Subject Data furnished hereunder, such license shall be only to the extent that the Licensor has, or prior to the expiration of the contract may acquire, the right to grant such license without becoming liable to compensate others solely because of such a grant. D. This ARTICLE shall not be construed to limit the rights of UNIVERSITY employees to utilize Subject Data in other formats in pursuit of scholarly activities and to publish Subject Data in scholarly or professional journals, so long as any existing or future copyright of the Subject Data is not prejudiced thereby. ARTICLE XII - Jurisdiction The SPONSOR agrees to abide by the laws of the State of Minnesota in all matters regarding this contract. ARTICLE XIII - Patents Title to all patentable discoveries and patents therefrom, resulting from the work set forth in ARTICLE I, above, shall vest in the UNIVERSITY. After an invention has been identified, the authorized representatives of the SPONSOR and the UNIVERSITY shall negotiate the nature and scope of the SPONSOR's rights. ARTICLE XIV - Authorized Representatives A. The authorized representative of the UNIVERSITY for notifications and binding approvals shall be: Mr. Anton R. Potami Assistant Vice President AA Ms. Mary Lou Weiss Assistant Director V Ms. Marilyn Surbey Assistant Director Ms. Win Ann Schumi Assistant Director Office of Research and Technology Transfer Administration 1919 University Avenue St. Paul, Minnesota 55104 U.S.A. B. The authorized representative of the and binding approvals shall be: of ply mith SPONSOR for notifications V,'.id ; % SC 4 d e ,- - <e4 Af A yc4 c- . //y,d 3400 Plymouth Blvd. Plymouth, MN 55447 ARTICLE XV - Other Provisions None. ARTICLE XVI - Contract Complete All materials and provisions incorporated into this contract, by reference or otherwise, must be attached hereunto. This contract, including all materials and provisions incorporated herein by reference or otherwise, contains all agreements and covenants between the UNIVERSITY and the SPONSOR. No other understandings, provisions, or materials, whether written, oral, or otherwise, regarding this contract, shall be deemed to exist or to bind the UNIVERSITY, the SPONSOR, or both. APPENDIX A PROPOSAL Title: Canada Goose Population Management and Ecology. Prepared by: Dr. James A. Cooper, Associate Professor, Department of Fisheries and Wildlife, University of Minnesota, St. Paul, MN. 612-624-1223) Importance: Extirpated by market and subsistence hunting over much of its southern range during settlement, the Canada goose (B ra n to canadensis) has been reestablished in the midwest and elsewhere. This successful wildlife management program resulted from federal, state, and private efforts (Nelson 1963, Dill and Lee 1970, and Cooper 1978). Contemporary landscaping and farming practices have greatly enhanced Canada goose habitat. Lawns, soybeans, small grains, and pasture sown on lake and wetland shorelines provide a super abundance of brood -rearing habitat in both rural and urban settings. These sites and harvested agricultural crops, especially corn and small grains, are used at other times of the year. This, coupled with refuges created to protect the birds during establishment and the expansion of cities where hunting is not permitted, has lead to a phenomenal population growth in past 20 years. Because Canada geese are highly social and occur in flocks during all periods of the year except nesting (Zicus 1981, Schultz 1983) and graze extensively on grasses, forbs, and crops, goose flocks, particularly adults with flightless young, began to damage Minnesota crops in 1980 (Rose 1981). Concentrations of geese and their droppings in city parks, on golf courses, and goose flights near airports have lead to a growing number of complaints in urbanized areas, e. g., Denver, Minneapolis -St. Paul, Toronto, Boston, and Westchester County in New York (Laycock 1982, Oetting 1983). While population reductions methods, such as capture and removal and increased hunting kill, have been used, none have be adequately tested or documented in the literature. This project will test further removal and translocation. Objectives: 1. To assist with development of population objectives, i. e., the acceptable number of geese at specific sites within the city. 2. To model populations and estimate removal levels needed to attain and maintain desired population levels. 3. Provide technical expertise and participate in public hearings and assist with public relations. 4. To coordinate and do goose removal in 1988, 1989, 1990 and 1991 as population control procedures. 5. To monitor population levels from 1988 to 1991 to ascertain population reduction effectiveness. Methods: Model --Much of the data necessary to construct a model have been gathered from 1973 to 1987 for the Metropolitan Twin Cities Canada Goose populations (Sayler 1977, Cooper unpubl. data). Parameters that have been measured include participation in breeding by sex and age class, age related productivity, effect of re -pairing, emigration and immigration, gosling, subadult, and adult survival. Additional data are needed on the effect of density reduction on breeding participation, dispersal, and survival. These data are being obtained by capturing and neckbanding (Sherwood 1966) flightless, immature geese, and subsequently capturing and removing the breeding segment of the population the next summer. Because Canada geese do not breed until 2 years of age, or older, by monitoring the breeding participation rate of the marked geese in the following 2 years and comparing the rate of participation with existing data (Cooper, unpubl.), the effect of the lowering the density can be determined. Survival and dispersal of will be ascertained from neckband reobservation (Cormack 1964; Cooper 1975). The model will be based on the Jolly method as modified Barry (1977) except that neckband observations will be employed instead of legband recaptures. Removal --The effectiveness of goose removal will be predicted using the model and evaluated by monitoring population growth. Population level objectives will be established in consultation with cooperating city and agency personnel. Selected target populations will be reduced by capturing and removing young and adults during the summer flightless period (Martz et al. 1982). Growth in these populations will be measured by 1) ascertaining nest densities using methods similar to that of Cooper (1978), 2) by conducting brood counts prior arrival of migrants in mid-September, and by doing population counts from August to December. Chronology of Research Activities: 15 March -5 June --identify brood concentrations, model populations and estimate goose removal levels; participate in public hearing and attain permits. I . 5 June -7 July --coordinate and conduct goose removal. 1 August -31 December --conduct population counts and read markers at goose concentration sites. 1989-91 1 January -15 April --summarize data and prepare annual report. 15 April -5 June --conduct nest density surveys and brood counts; estimate goose removal using population model. 5 June -1 July --coordinate and conduct goose removal. 15 August -31 December --conduct population counts and read markers at goose concentration sites. Literature Cited: Barry, C.T. 1977. The mortality of Yorkshire Canada geese. Wildfowl 28:35-47. Cooper, J.A. 1975. Estimating Canada goose survival in an urban environment from neckband observations. 37th Midwest Fish and Wildlife Conference, Toronto, Ontario. Cooper, J.A. 1978. The history and breeding biology of the Canada geese of Marshy Point, Manitoba. Wildl. Monogr. 61. 87pp. Cormack, R. M. 1964. Estimate of survival from sighting of marked animals. Biometrika 51:429-438. Dill, H.H. and F.B. Lee (eds.) 1970. Home grown honkers. U.S. Dept. Int., Fish Wildl. Serv., Washington, D. C. 154pp. Laycock, G. 1982. The urban goose. Audubon 84:44-47. Martz, J., L. Pospichal, and E. Tucker. 1982. Giant Canada geese in Michigan: experiences with translocations and nuisance management. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Nelson, H.K. 1963. Restoration of breeding Canada goose flocks in the North Central States. Trans. N. A. Wildl. Conf. 28:133-150. Oetting, R. 1983. Overview of management of Canada geese and their recent urbanization. in Johnson, M. A. (Ed.) Transactions of The Canada Goose Symposium, North Dakota TWS Chapter, 71pp. Rose, J. 1981. Fergus Falls goose shortage turns into goose abundance. Minnesota Out -Of -Doors 27(11):22. Sayler, R. D. 1977. Breeding ecology of the Twin Cities, Minnesota, Metropolitan Canada geese. M. S. Thesis, University of Minnesota, 61 pp. Schultz, D. F. 1983. Fall flock behavior and harvest of Canada geese in the vicinity of the Talcot Lake Wildlife Management Area in southwest Minnesota. M.S. Thesis, University of Minnesota, 72pp. Sherwood, G.A. 1966. Flexible plastic collars compared to nasal discs for marking geese. J. Wildl. Manage. 30:853-855. Zicus, M.C. 1975. Capturing nesting Canada geese with mist nets. Bird Banding 46:168-169. Zicus, M.C. 1981. Flock behavior and vulnerability to hunting of Canada geese nesting at Crex Meadows, Wisconsin. J. Wildl. Manage. 45:830-841. APPENDIX B BUDGET Per Capture Site Costs: Salaries (program coordination and monitoring) Travel and shipping Miscellaneous (phone, boots, etc.) TOTAL 1988 1989 1990 1991 2,500 2,500 2,500 2,500 Mffi I 1 - 1 i -1 1 100 100 100 100 3,000 3,000 3,000 3,000 The City of Plymouth authorizes the transfer of funds between accounts. UNIVERSITY OF MINNESOTA College of Forestry XW'j TWIN CITIES Department of Fisheries & Wildlife 200 Hodson Hall 1980 Folwell Avenue St. Paul, Minnesota 55108 January 25, 1988 Mrs. Robert Atkinson 1021 Yuma Lane Plymouth, MN 55447 Dear Mrs. Atkinson: We corresponded last summer about the Canada goose problems at Cimarron Ponds in Plymouth. I want to update you on the status of the goose control management in Plymouth. You may already be aware of the situation, if so please excuse the repeating of the information. The City of Plymouth has approved a Canada goose reduction program at 3 public sites and has indicated a willingness to consider cost sharing on private sites. The level of cost sharing is to be negotiated with the City. The University will coordinate goose removals on private sites and will contract directly with the homeowners associations. have enclosed a sample contract and proposed budget for control program at Cimarron Ponds. Based on my visit to your site on December 3, 1987, 1 estimate that it will cost 1,000 per year to remove the geese. Four summer removals are need to attain a 90% reduction in the birds. Afterwards, I recommend removal every 2 years to keep the birds at the reduced level. In the event that an acceptable goose level is reached earlier, the agreement provides for annual modification of the program. Please call (624-1223) if you have questions. Sincerely yours, James A. Cooper Associate Professor, Wildlife Enclosure cc Ms. Lynne R. Taylor, Cimmaron Ponds Homeowners Association Mr. Dick Carlquist, City of Plymouth UNIVERSITY OF MINNESOTA TWIN CITIES January 25, 1988 Ms. Lynne R. Taylor President Cimmaron Ponds Homeowners Association 954 Zanzabar Lane Plymouth, MN 55447 Dear Ms. Taylor: College of Forestry Department of Fisheries & Wildlife 200 Hodson Hall 1980 Folwell Avenue St. Paul, Minnesota 55108 I corresponded last summer with Mrs. Robert Atkinson about the Canada goose problems at Cimarron Ponds in Plymouth. I want to update you on the status of the goose control management in Plymouth. You may already be aware of the situation, if so please excuse the repeating of the information. The City of Plymouth has approved a Canada goose reduction program at 3 public sites and has indicated a willingness to consider cost sharing on private sites. The level of cost sharing is to be negotiated with the City. The University will coordinate goose removals on private sites and will contract directly with the homeowners associations. I have enclosed a sample contract and proposed budget for control program at Cimarron Ponds. Based on my visit to your site on December 3, 1987, 1 estimate that it will cost 1,000 per year to remove the geese. Four summer removals are need to attain a 90% reduction in the birds. Afterwards, I recommend removal every 2 years to keep the birds at the reduced level. In the event that an acceptable goose level is reached earlier, the agreement provides for annual modification of the program. Please call (624-1223) if you have questions. Sincerely yours, James A. Cooper Associate Professor, Wildlife Enclosure cc Mrs. Robert Atkinson, Cimmaron Ponds Mr. Dick Carlquist, City of Plymouth UNIVERSITY OF MINNESOTA College of Forestry 3 TWIN CITIES Department of Fisheries & Wildlife 200 Hodson Hall 1980 Folwell Avenue St. Paul, Minnesota 55108 25 January, 1988 Mr. Richard L. Kelso General Manager Sagamore Management Association 10700 Rockford Road Plymouth, MN 55441 Dear Mr. Kelso: Sometime ago your contacted me about problems you were having with Canada geese. At the time, the City of Plymouth had not approved a control program and I advised you that any goose management effort would require City Council approval. I want to inform you that the City of Plymouth has held a public hearing and approved goose removal in the City. Attached is copy of the program outline. If you are interested in doing goose control at your site, please contact me prior to 15 April. Sincerely, 0 James A. Cooper Associate Professor, Wildlife Attachment cc. Mr. Dick Carlquist, City of Plymouth SAGAMORE Management Association 10700 ROCKFORD ROAD • PLYNIOUTII, n1N 55441. (612) 559-1430 Dr. James A. Cooper Associate Professor, Wildlife College of Forestry University of Minnesota 200 Hodson Hall 1980 Folwell Avenue St. Paul, Minnesota 55108 Dear Dr. Cooper, Thank you for your letter of January 25, 1988 regarding the approval by the City of Plymouth of a program to relocate geese. The Sagamore Management Association would definitely like to participate in this program. We have a pond area that some years attracts more than 100 geese. The sidewalks and grassy areas are always messy and the geese are becoming rather aggressive in defending "their" territory. We realize there is a cost to this program, and the Board has expressed its willingness to participate as needed. Please inform us the next steps to take to be sure this can start in 1988. Sincerely, Richard L. Kelso General Manager cc: SMA Board Mr. Dick Carlquist, City of Plymouth CITY ut rLIMMIj RICE QfPT i