HomeMy WebLinkAboutCity Council Packet 04-25-1988 SpecialCITY OF PLYMOUTH
A G E N D A
SPECIAL COUNCIL MEETING
APRIL 25, 198
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.
I. CALL TO ORDER 7:30 P.M.
2. INVOCATION
3. ROLL CALL
4. CONSENT AGENDA
5. MINUTES - Approval of Minutes of the Regular Council
meeting of April 18, 1988
6. PETITIONS, REQUESTS AND COMMUNICATIONS
A. Disbursements for period ending 3/31/88
7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
A. Policy on site aesthetic and architectural
controls
B. City Building Code Amendments
C. Parking ordinance amendment, 1310.05 Subd 5
D. Receive petition, order engineering report,
receive engineering report and order street
lighting improvements for Hadley Woods Addition
E. Amendment to Steeplechase 4th Addition Final Plat
for Lundgren Brothers Construction Co. (87020)
F. Sign ordinance variance request by Powell Lincoln
Mercury, 3901 Vinewood Lane (87127)
G. Report on massage parlors and saunas
H. Public and Capital Improvement Project Status
Reports
I. Quarterly Status Reports:
1) Insurance Claims
2) Pending civil litigation
J. CCR Reports
8. ADJOURNMENT
M I N U T E S
REGULAR COUNCIL MEETING
APRIL 18, 1988
A regular meeting of the Plymouth City Council was called to
order by Mayor Schneider at 7:30 p.m. in the City Council
Chambers of the City Center at 3400 Plymouth Boulevard on April
18, 1988.
PRESENT: Mayor Schneider, Councilmembers Vasiliou, Ricker,
Zitur, and Sisk, City Manager Willis, Assistant
Manager Boyles, Planning Director Tremere, Public
Works Director Moore, Public Safety Director
Carlquist, Finance Director Hahn, City Attorney
Thomson, and City Clerk Brandt
ABSENT: None
PRESENTATION
Mayor Schneider presented Certificates of Appreciation to the
members of the Kani Win Ga Camp Fire Horizon group.
PROCLAMATION
Mayor Schneider read a proclamation declaring the week of May 1
7 as "Be Kind to Animals Week".
CONSENT AGENDA
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt the consent agenda deleting items 9-D and 9-0.
Motion carried on a Roll Call vote, five ayes.
MINUTES
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to approve the minutes of the April 4 Regular Council
Meeting as submitted.
Motion carried on a Roll Call vote, five ayes.
LEGISLATIVE UPDATE
PRESENTATION
Item 4
PROCLAMATION
Item 5
CONSENT AGENDA
MINUTES - REGULAR
MEETING, APRIL 4, 1988
Item 6*
Manager Willis reported on the discussions at the legislature. LEGISLATIVE UPDATE
Item 7
Regular Council Meeting
April 18, 1988
Page 104
PUBLIC HEARING
Mayor Schneider opened the public hearing at 7:43 p.m. PUBLIC HEARINGS
Item 8
No one chose to speak and the hearing was closed at 7:43 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-232
Zitur, to adopt RESOLUTION NO. 88-232 APPROVING A TAX INCREMENT ESTABISHING TIF 5-1
FINANCING PLAN AND ESTABLISHING ECONOMIC DEVELOPMENT TAX INCRE- IN DEVELOPMENT
MENT FINANCING DISTRICT 5-1 IN MUNICIPAL DEVELOPMENT DISTRICT DISTRICT NO. 5
NO. 5. Item 8-A
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-233
Zitur, to adopt RESOLUTION NO. 88-233 APPROVING A TAX INCREMENT ESTABLISHING TIF 6-1
FINANCING PLAN AND ESTABLISHING ECONOMIC DEVELOPMENT TAX INCRE- IN DEVELOPMENT
MENT FINANCING DISTRICT 6-1 IN MUNICIPAL DEVELOPMENT DISTRICT DISTRICT NO. 6
NO. 6. Item 8-B
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-234
Zitur, to adopt RESOLUTION NO. 88-234 APPROVING A TAX INCREMENT ESTABLISHING TIF 1-5
FINANCING PLAN AND ESTABLISHING ECONOMIC DEVELOPMENT TAX INCRE- IN DEVELOPMENT
MENT FINANCING DISTRICT 1-5 IN MUNICIPAL DEVELOPMENT DISTRICT DISTRICT NO. 1
NO. 1. Item 8-C
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-235
Zitur, to adopt RESOLUTION NO. 88-235 APPROVING A TAX INCREMENT ESTABLISHING TIF 3-2
FINANCING PLAN AND ESTABLISHING ECONOMIC DEVELOPMENT TAX INCRE- IN DEVELOPMENT
MENT FINANCING DISTRICT 3-2 IN MUNICIPAL DEVELOPMENT DISTRICT DISTRICT NO. 3
NO. 3. Item 8-D
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-236
Zitur, to adopt RESOLUTION NO. 88-236 APPROVING A TAX INCREMENT ESTABLISHING TIF 4-3
FINANCING PLAN AND ESTABLISHING ECONOMIC DEVELOPMENT TAX INCRE- IN DEVELOPMENT
MENT FINANCING DISTRICT 4-3 IN MUNICIPAL DEVELOPMENT DISTRICT DISTRICT NO. 4
NO. 4. Item 8-E
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-237
Zitur, to adopt RESOLUTION NO. 88-237 APPROVING A TAX INCREMENT ESTABLISHING TIF 3-3
FINANCING PLAN AND ESTABLISHING ECONOMIC DEVELOPMENT TAX INCRE- IN DEVELOPMENT
MENT FINANCING DISTRICT 3-3 IN MUNICIPAL DEVELOPMENT DISTRICT DISTRICT NO. 3
NO. 3. Item 8-F
Motion carried on a Roll Call vote, five ayes.
Regular Council Meeting
April 18, 1988
Page 105
Mayor Schneider opened the public hearing at 7:44 p.m.
No one chose to speak and the hearing was closed at 7:44 p.m.
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-238
Vasiliou, to adopt RESOLUTION NO. 88-238 AUTHORIZING THE VACA- EASEMENT VACATION
TION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENTS OUTLOT 0, PARKERS
FOR PONDING PURPOSES IN OUTLOT 0 - PARKERS LAKE NORTH 2ND ADDI- LAKE NORTH 2ND ADDN.
TION. Item 8-G
Motion carried on a Roll Call vote, five ayes.
PETITIONS, REQUESTS AND COMMUNICATIONS
Dickman Knutson, BLH Development, stated he was concerned with
the amount of his curb and gutter assessment and thinks he
should only be charged for those lots which abut Northwest Boul-
evard. He doesn't believe the ponding area should be assessed
as front footage. The agreement was that he would deed Outlot A
to the City. There never was a discussion on the assessment for
this outlot so he assumed that Outlot A would be treated the
same as other outlots which were deeded to the City where no
assessment was made to him.
Mayor Schneider stated the difference is that the City bought
the park land in this development and not in the other develop-
ment.
Manager Willis added that this development has the entire right-
of-way for Northwest Boulevard on the west side. He pointed out
that the other development was not assessed because part of it
is on property which has not been platted as yet.
Director Moore stated the development contract states that the
cost was to be divided between all the lots. The cost is spread
over the entire development and not just those abutting North-
west Boulevard. All the conditions were clearly spelled out
before the development contract was signed by Mr. Knutson.
Mr. Knutson stated that no discussion was ever held on the
assessment for Northwest Boulevard. However, from the begin-
ning, Outlot A was to be deeded to the City. He met with City
staff before the development contract came to the Council. He
was told the final plat would be pulled off the agenda if he
didn't sign the development contract, so he signed it and
believed he could discuss the assessment at a later Council
meeting.
Director Moore stated the final plat may have been going to the
Council as consent at a study meeting and would have had to be
taken off that meeting and rescheduled for a regular meeting the
next month if the contract had not been signed. The plat and
development contract are presented to the Council at the same
time.
REQUEST TO REDUCE
ASSESSMENTS, BLH
DEVELOPMENT CO.
Item 9-A
Regular Council Meeting
April 18, 1988
Page 106
Councilmember Vasiliou pointed out that the engineer's memo
calls out the cost of the assessments and is surprised that Mr.
Knutson signed the contract without the assessments being
settled or calling individual Councilmembers.
Mayor Schneider pointed out that Mr. Knutton has been a
developer in the City for many years and knows the process.
Councilmember Vasiliou stated that Mr. Knutson's statements of
what staff told him are hearsay at this point and asked why he
didn't call the Council when he was told the item would have
been taken off the agenda.
MOTION was made by Councilmember Vasiliou, seconded by Mayor
Schneider, to confirm the development contract as originally ex-
ecuted.
SUBSTITUTE MOTION was made by Councilmember Zitur, seconded by
Councilmember Ricker, to table the matter until a response from
City staff is received.
Motion carried, four ayes. Mayor Schneider voted nay.
Director Moore stated the request is for a public improvement
project for a site at the southwest corner_ of C.R. 9 and Vicks-
burg Lane. Several years ago, the Council approved this area
for development and did not budget to extend improvements to
this site because the property owner at that time did not want
them installed and agreed that he would pay for them when they
were.
Stan Tikkanen, Director of Finance, School District 284, stated
they have purchased the site are now proposing to extend the
Improvements. The school district would prefer that the entire
project be treated as a public improvement.
Councilmember Sisk stated he doesn't see an agreement from the
school district accepting the assessments on the property.
Mr. Tikkanen stated they would prefer this be a public improve-
ment project and the school district be assessed.
Mayor Schneider stated, in the event that the City's $5 million
bond limits are exceeded. The City must comply with federal
requirements on investment earnings which limit our fiscal flex-
ibility. Because there are some large projects which are expec-
ted to proceed this year, this additional project could push the
City over that limit.
Councilmember Vasiliou asked if the improvements could be paid
for with the school district's recently approved bonding author-
ization.
REQUEST FOR PUBLIC
IMPROVEMENT, WAYZATA
SCHOOL DIST. 284
Item 9-B
Regular Council Meeting
R April 18, 1988
Page 107
0
Mr. Tikkanen answered that part of the budget could be allocated
to the improvements but they would prefer that the cost be
assessed and paid for later.
Councilmember Ricker stated he appreciated the school district's
stand, but the Council must also look out for the City's finan-
cial interests.
MOTION was made by Councilmember Ricker, seconded by Councilmem-
ber Zitur, that a contract be entered into with the school dis-
trict that the City will undertake the project as a public im-
provement and bill the school district upon completion of each
contract.
Director Moore stated that the utilities and gravel base could
be installed in 1988, the curb and gutter and base could be put
in in 1989, and the final surfacing would not likely go on until
1990. As each phase is completed, the school district would be
billed.
Motion carried, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-239 REQUEST FOR PAYMENT NO. 4
AND FINAL, GLEASON LAKE DRIVE, TRAIL IMPROVEMENTS, PROJECT NO.
602 to Preferred Paving, Inc. in the amount of $10,096.54.
Motion carried on a Roll Call vote, five ayes.
Councilmember Sisk stated he would Just as soon have all the ap-
provals before further planning goes on as to placement of util-
ities.
Manager Willis stated the sewer has to go to the north out of
the existing development to serve the fire station site.
Director Moore stated the Corps of Engineers doesn't have to ap-
prove a permit for sewer as long as the City would restore the
site after its construction.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Vasiliou, to adopt RESOLUTION NO. 88-240 ORDERING IMPROVE-
MENT AND PREPARATION OF PLANS AND SPECIFICATIONS, DUNKIRK
MEADOWS, STREET AND UTILITY IMPROVEMENTS, CITY PROJECT NO. 817.
Mayor Schneider asked the purpose of the temporary cul-de-sac.
Fran Hagen, project consultant, answered that this was standard
City requirement to provide space for cars to turn around.
Motion carred on a Roll Call vote, four ayes. Councilmember
Sisk voted nay.
RESOLUTION NO. 88-239
REQUEST FOR PAYMENT
NO. 4 & FINAL
PROJECT NO. 602
Item 9-C
DUNKIRK MEADOWS
PROJECT 817
Item 9-D
RESOLUTION NO. 88-240
ORDERING PLANS & SPECS
DUNKIRK MEADOWS
PROJECT NO. 817
Item 9-D
Regular Council Meeting
April 18, 1988
Page 108
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-241 ,
Zitur, to adopt RESOLUTION NO. 88-241 APPROVING CHANGE ORDER CHANGE ORDER NO. 1
NO. 1, FERNBROOK WOODS PHASE I IMPROVEMENTS, CITY PROJECT NO. FERNBROOK WOODS
720 by adding $5,600. PROJECT NO. 720
Item 9-E*
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-242 APPROVING CHANGE ORDER
NO. 1, CARLSON CENTER 8TH ADDITION, CITY PROJECT NO. 751 by add-
ing $13,400.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-243 APPROVING FINAL_ PLAT AND
DEVELOPMENT CONTRACT FOR DUNKIRK MEADOWS FOR THE CIrY OF
PLYMOUTH (87097) (MPUD 88-01).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-244 SETTING CONDITIONS TO BE
MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR DUNKIRK
MEADOWS FOR THE CITY OF PLYMOUTH (87097) (MPUD 88-01).
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-245 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR TRAMMELL CROW COMPANY (87092) to
275,720.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-246 AUTHORIZING REDUCTION OF
SITE PERFORMANCE GUARANTEE FOR TRAMMELL CROW COMPANY (87092) to
81,600.
Motion carried on a Roll Call vote, five ayes.
MOTION was made by Councilmember Sisk, seconded by Councilmember
Zitur, to adopt RESOLUTION NO. 88-247 AUTHORIZING RELEASE OF
SITE PERFORMANCE GUARANTEE FOR HONEYWELL, INC. (A-151).
Motion carried on a Roll Call vote, five ayes.
Mayor Schneider stated he agrees with the payment and wants to
emphasize that these types of assistance are better when done
for the elderly and/or handicapped than for young, able-bodied
individuals. Staff should bring bonafide proposals to the Coun-
cil when it appears the cost of the work will exceed the policy
limits.
RESOLUTION NO. 88-242
CHANGE ORDER NO._1
CARLSON CENTER 8TH
PROJECT NO. &51
Item 9-F*
RESOLUTION NO. 88-243
FINAL PLAT & DEVELOP-
MENT CONTRACT, DUNKIRK
MEADOWS (87097)
Item 9-G*
RESOLUTION NO. 88-244
SETTING CONDITIONS
FINAL PLAT, DUNKIRK
MEADOWS (87097)
Item 9-G*
RESOLUTION NO. 88-245
BOND REDUCTION
TRAMMELL CROW CO.
87092)
Item 9-H-1*
RESOLUTION NO. 88-246
BOND REDUCTION
TRAMMELL CROW CO.
87092)
Item 9-H-2*
RESOLUTION NO. 88-247
BOND RELEASE
HONEYWELL, INC.
A-151)
Item 9-I*
Regular Council Meeting
April 18, 1988
Page 109
MOTION was made by Mayor Schneider, seconded by Councilmember RESOLUTION NO. 88-248
Vasiliou, to adopt RESOLUTION NO. 88-248 AUTHORIZING PAYMENT FOR AUTHORIZING HOME
REHABILITATION HOME IMPROVEMENT WORK. IMPROVEMENT WORK
Motion carried on a Roll Call vote, five ayes.
Item 9-3
MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 88-14
Zitur, to adopt ORDINANCE NO. 88-14 RELATING TO PUBLIC SAFETY PARKING REGULATIONS
AND PARKING REGULATIONS AND AMENDING SUBSECTION 1310.03 OF THE Item 9-K*
PLYMOUTH CITY CODE.
Motion carried on a Roll Call vote, five ayes.
Director Carlquist recommended all bids be rejected and the con- TOWING BID
tract be rebid. Item 9-L-1
Dick Hughes, 900 N.E. 2nd St., Hopkins, owner of Dick's Towing,
stated they bid on the contract three years ago, forgot to sign
the bid, and it was thrown out. He bid the same way at that
time as now. Because he bid lower on an item, is not a reason
to reject the bid. He added that the ordinance reads storage
will be charged "for 24 hours or any part of". He checked with
other cities and most are run the same way. There are only two
towing companies which are not on a calendar day. By rebidding,
he has everything to lose as the competitors now know his bid.
Director Carlquist stated he would like to break away from the
industry standard of ending the day at midnight. Hopkins chang-
ed their ordinance to a 9:00 a.m. deadline. They have since re-
quested to go back on a calendar day.
MOTION was made by Councilmember Zitur, seconded by Mayor RESOLUTION NO. 88-249
Schneider, to adopt RESOLUTION NO. 88-249 REJECTION OF TOWING REJECTING TOWING BIDS
BIDS. Item 9-L-1
Councilmember Vasiliou stated she doesn't think it is fair to
reject the bids. Dick's Towing has made their bid and the other
bidders now know it. She is concerned with the current towing
company being the highest bidder.
Coucilmember Ricker asked about a proposed ordinance change men-
tioned in Director Carlquist's letter.
Director Carlquist answered that there is something in the works
that will change the ordinance and wanted the Council to be
aware that it wasn't manufactured because of the contract bid.
Councilmember Ricker asked if Valley Towing would continue for
90 days at the same rate if a new contract could not be awarded
by the end of April.
Director Carlquist stated he has a letter from Valley stating
that they would.
Regular Council Meeting
April 18, 1988
Page 110
Gary Larson, Valley Towing, stated their insurance is valid, the
bond doesn't expire, and their lease is good until 1990. He
suggested the Council look at his response times and past com-
plaints of which he has none.
Attorney Thomson pointed out that City ordinance, not State law,
requires that this type of contract be subject to competitive
bidding. The Council may want to consider whether this is an
appropriate way to handle the process in lieu of a Request for
Proposal.
Motion carried on a Roll Call vote, three ayes. Councilmembers
Ricker and Vasiliou voted nay.
MOTION was made by Councilmember Zitur, seconded by Councilmem-
ber Sisk, to adopt RESOLUTION NO. 88-250 AWARDING BID FOR THE
1988 REFORESTATION PROPOSAL from Lino Lakes Nursery in the
amount of $22,895.
Motion carried on a Roll Call vote, five ayes.
RESOLUTION NO. 88-250
AWARDING BID
1988 REFORESTATION
Item 9-L-2
MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-251
Zitur, to adopt RESOLUTION NO. 88-251 AUTHORIZING THE MAYOR AND 1988 METROLINK
CITY MANAGER TO ENTER INTO CONTRACT WITH THE REGIONAL TRANSIT CONTRACTS
BOARD AND THE CITY OF PLYMOUTH FOR FUNDING PUBLIC TRANSIT AND AN Item 9-M*
AGREEMENT FOR OPERATION AND MANAGEMENT OF THE PLYMOUTH METROLINK
PUBLIC TRANSIT SYSTEM WITH MEDICINE LAKE LINES.
Motion carried on a Roll Call vote, five ayes.
REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
Manager Willis stated the engineering staff has met with proper- AMBER WOODS/HUGHES
ty owners in the Amber Woods Addition. He is suggesting that ADDN. SEWER SYSTEM
the City hire engineering interns for the summer to work with STATUS REPORT
the residents to get them to discontinue pumping into the sani- Item 10-A
tary system and to find a solution to the standing water in
their backyards.
Councilmember Ricker asked where the money for the interns was
being transferred from and was there a salary projected.
Director Moore stated the part time salaries account would be
increased from the manhole sealing account. He believes there
are adequate funds to cover both projects.
Councilmember Ricker proposed another source for the $4,000 be
found as the manhole sealing is important.
Manager Willis stated that the sewer utilities fund has a pro-
jected positive balance and this is where the funding could be
drawn.
Regular Council Meeting
April 18, 1988
Page 111
Councilmember Zitur asked that the interns be especially sensi-
tive to the public.
MOTION was made by Coucilmember Ricker, seconded by Councilmem-
ber Vasiliou to transfer $4,000 from the sewer reserve fund to
part time salaries.
Motion carried, five ayes.
Councilmember Sisk stated the residents want solutions to the
standing water problem and there should be a mutual agreement as
to how to solve the problem. Residents shouldn't be threatened
with assessments or dictated to.
City Engineer Harrison stated the summer help will be collecting
information from the residents and the staff will develop solu-
tions.
Councilmember Ricker stated he would like the Council to see the
plan before it is presented to the residents.
Director Moore stated it is the intent of the program that pro-
perty owners can do some things and if they are willing, they
can do it without Council approval.
The Council concurred with the intent of the program.
The meeting adjourned at 9:57 p.m.
City Clerk
MEMO
CITY OF PLYMOUTH
3400 PLYMD= BOULEVARD, PLymOuI'H, MINNESOTA 55447
DATE: Friday, April 22, 1988 for the City Council meeting April 25, 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 $1,039,554.70
Construction Fund $ 759,785.42
Utilities Fund $ 293,453.43
Metro Bank - Plymouth Office
Housing & Redevelopment Authority $ 38,863.80
GRAND TOTAL FOR ALL FUNDS $2,131,657.35
Above totals are for the period ending March 31, 1988.
I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMM AND RECOMENID SAME FOR
PAYMENT.
Cs.rY
James G. Willis
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DI O O J .i P J rN
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of
City Council of the City of Plymouth, Minnesota was held on the
day of , 1988. The following members were present:_
The following mangers were absent:
its adoption:
the
introduced the following Resolution and moved
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING March 31, 1988
WHEREAS, A list of disbursements for the period ending March 31, 1988 was
presented to the City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYM U H, MINNESOM, that the payment of the list of disbursements of the
following funds is approved:
Norwest Bank - MetroWest
General Fund $1,039,554.70
Construction Fund $ 759,785.42
Utilities Fund $ 293,453.43
Metro Bank - Plymouth Office
Housing & Redevelopment Authority $ 38,863.80
GRAND TOM FOR ALL FUNDS $2,131,657.35
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.
A
F
7A
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 15, 1988 for City Council Meeting April 25, 1988
TO: James G. Willis, City Manager I -
F R O M: Blair Tremere, Community Development Director
SUBJECT POLICY ON SITE AESTHETICS AND ARCHITECTURAL CONTROLS.
ACTION REQUESTED: Adopt the attached Resolution which establishes the formal
statement of Policy and Standards and Criteria regarding Site
and Building Aesthetics and Architectural Design. This is in accordance with Council
Resolution 87-776. The Planning Commission unanimously endorsed the statement at the
April 13, 1988 meeting.
BACKGROUND:
The Policy Statement evolved from work undertaken by a Task Force that included members
of the development community and work by the Planning Commission.
PRIMARY ISSUES AND ANALYSIS:
The formal Policy will be widely distributed to developers and consultants. Members of
the Development Review Committee will use it in the course of reviewing applicable
plans. I intend to incorporate appropriate language into the Zoning Ordinance which
will reference this Policy in the same manner that the Landscape Policy and Criteria
are referenced (this is a matter of providing broad-based information and is not neces-
sary for the immediate implementation.
The Planning Commission approved an addition proposed by Commissioner Wire that is
reflected in Item No. 6 relative to external lighting.
RECOMMENDATIONS AND CONCLUSIONS
I recommend adoption of the attached Resolution which will be formatted as a City
Policy. I concur with the groups and individuals that worked on the development of
policy that, it should assure that there will be a heightened awareness.
Attanhmnntc
1. Resolution
2. Statement of Policy
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 88 -
ADOPTING STATEMENT OF POLICY OF STANDARDS AND CRITERIA REGARDING SITE AND BUILDING
AESTHETICS AND ARCHITECTURAL DESIGN
WHEREAS, the City Council under Resolution No. 87-776 directed development of a Policy
Statement articulating the City Council's desire for a heightened awareness of the
importance of site and building aesthetics; and,
WHEREAS, the City Council direction resulted from the recommendation of a Special Task
Force and of the Planning Commission which solicited and considered input from the
development community and which considered approaches used by other developing suburban
communities; and,
WHEREAS, the Planning Commission had reviewed and endorsed a Statement of Policy and
Standards and Criteria regarding site and building aesthetics, and architectural
design;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN-
NESOTA, that it should and hereby does adopt, as a Policy of the City that
multi -residential and non-residential development should have the quality which
produced a positive visual image and conveys an overall appearance and compatibility of
individual buildings to other site elements and to surrounding natural and man-made
features;
FURTHER, the Standards and Criteria endorsed by the Planning Commission and contained
in the April 15, 1988 Staff Report are hereby adopted and are to be used by applicants,
City staff, and the Planning Commission during the design and review of development
proposals.
The motion for adoption of the foregoing Resolution was duly seconded by _
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
J STATEMENT OF POLICY AND STANDARDS AND CRITERIA
REGARDING SITE AND BUILDING AESTHETICS AND ARCHITECTURAL DESIGN
It is the Policy of the City of Plymouth, Minnesota that multi -residential and non-
residential development should have the quality which produces a positive visual image
and conveys an overall appearance and compatibility of individual buildings to other
site elements and to surroundinq natural and man-made features.
The following are adopted as standards and criteria to be used by applicants, City
staff, and the Planning Commission during the design and review of development pro-
posals. These standards and criteria are complementary to one another and to the
City's Comprehensive Plan and Land Use regulations:
1. Consistency with the Comprehensive Plan Element and Goals, Objectives, and
Criteria.
2. Preservation of sites in their natural state, as much as possible, through the
minimization of tree and soil removal and the grading.
3. Establishment of harmonius relationship of buildings and open spaces with the
natural terrain and with existing and proposed buildings having a visual
relationship to the proposed development.
4. An apparent internal sense of order for the various functions and buildings on
the site; and, provision of a desirable environment for occupants, visitors,
and the general community.
5. An appropriate balance to the amount and arrangement of open space and land-
scaping to the design and function of the specific development, including
screening through man-made and natural features such as berming.
h. Use of appropriate materials (to include external lighting), textures, colors,
and construction detail, so to express effectively a design concept of the
project that is compatible with adjacent and neighboring structures and func-
tions. Such neighboring structures and functions may include new natural
areas, residential developments, and vacant land subject to future development
in accordance with the City's Comprehensive Plan.
7. Adequate vehicular, cycling, and pedestrian circulation shall be provided
through walkways, interior drives, and parking. The key consideration shall
be the location and number of access points to public streets, width of inter-
ior drives and access points, general interior circulation, separation of ped-
estrian, cycling, and vehicular traffic, and the arrangement and amount of
parking so they are safe, convenient, and, insofar as practicable, compatible
with the design of proposed building structures and neighboring properties.
8. Energy conserving designs should be provided through the design, location,
orientation, and elevation of structures; the use and location of glass in
structures; and, the use of landscape materials as well as site grading.
9. There should be evident protection of adjacent and neighboring property
through reasonable provisions for such things as surface water drainage, sound
and sight buffers, preservation of views, of light, and of air, and for other
aspects of design which may not be specifically covered by regulations which
are found to have substantial effects on neiqhborinq land uses.
4/88
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 22, 1988 for City Council Meeting April 25, 1988
TO: James G. Willis, City Manager
FROM:, Blair Tremere, Community Development Director
SUBJECT BUILDING CODE AMENDMENTS
ACTION REQUESTED:
the City's Code provisions
BACKGROUND:
Approve the attached draft Ordinances which contain
housekeeping and clarifying language for various elements of
for buildings and structures.
We periodically review the City Code with respect to compliance with other laws and
codes such as the State Building Code to assure that ours is current. Building
Official Joe Ryan has also spent substantial time working with the Plymouth Development
Council and with several developers and their plan preparers. He has discussed with
them, the need for more accurate information than the current City Code mandates for
applications for one or two-family dwellinqs. The current language, written many years
ago, did not contemplate numerous changes we have seen over the years, including
requirements regarding protection from flooding, higher density (closer) housing, and
accessory amenities such as decks and porches.
PRIMARY ISSUES AND ANALYSIS:
The one Ordinance amendment is designed to bring Plymouth's codes and and the refer-
ences up-to-date. A new edition of the National Electrical Code has been adopted;
there is a new edition of the Uniform Building Code and the Section on Organization
Enforcement was overlooked last year when other provisions of that Code were adopted;
and, the Uniform Housing Code published by the International Conference of Building
Officials has been up dated so to be consistent with the Building Code.
The other draft Ordinance represents the modifications of that portion of the City Code
which defines the contents of the Site Plan required for one and two-family dwellings.
Many developers submit this information as a matter of routine now, but, for the lack
of specific languagen in the Code, there are times when the data is not submitted and
may be questioned as to its necessity by certain property owners and developers.
Joe Ryan has worked closely with the Plymouth Developers Council and its President, Bob
Burger, to inform builders and developers of the proposed changes and to solicit input
from developers and builders. The response has been very positive and most builders
see the need for this accurate information, not only for the City's use, but also for
their own protection and use.
Page two
Memorandum to the City Manager
Building Code Amendments
April 22, 1988
It is not uncommon today for financial insitutions to insist that the City verify the
features as stipulated. The information can be included with the Site Plans or Plot
Plans when they are prepared, and the field data can be easily acquired when the basic
survey is made of the property.
RECOMMENDATIONS AND CONCLUSIONS
We recommend adoption of the Ordinances which are needed to keep the City Code
up-to-date and to make it effective by assuring consistency with other Codes and
Policies. The information regarding data to be included with applications for one or
two-family dwelling permits will be distributed widely to developers and builders.
Att.arhmPnt.
Draft Ordinances
ri
CITY OF PLYMOUTH
ORDINANCE NO. 88-
W 11 4, - ;H
AN ORDMANCE RETATTNG TO RtTTT,nTNG, TIMSTNr; nNn mNSTRT.KTTrN RMJTATTONS; AMFNnTW
SECTION 400. 01, SUBDIVISION 2a.(a)(2); SECTION 400. 01, SUBDIVISION 3 AND SECTION
410.01.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Plymouth City Code, Subsection 400.01, Subdivision 2a. (a) is
amended to read as follows:
2)3=984 1987 Edition of the National Electrical Code, identified as "NEC".
Section 2. Plymouth City Code, Subsection 400.01, Subdivision 3 is amended to
read as follows:
Subd. 3. Organization and Enforcement. The organization of the Building
Department and enforcement of the Code shall be conducted within the guidelines
established by Chapter 2 of the Uniform Building Code 3:98z 1985 Edition (Amended,
Ord. 81-3, Sec. 2: Ord. 83-07, Sec.2)
Section 3. Plymouth City Code, Subsection 410.01 is amended to read as
follows:
410.01. Housing Code Adopted. ,
1985 Edition of the Uniform Housing Code
published by the International Conference of Building Officials, is adopted by
reference and is made a part of this Code as if fully set forth herein.
Section 4. This Ordinance is effective in accordance with Subsection 110.11.
Adopted by the City Council
ATTEST
Laurie Brandt, City Clerk
day of , 19 .
Virgil Schneider, Mayor
4
CITY OF PLYMOUTH
ORDINANCE NO. 88 -
AN ORDINANCE RELATING TO BUILDING, HOUSING AND CONSTRUCTION REGULATIONS;
AMENDING SECTION 400.13.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. Plymouth City Code, Subsection 400.13, is amended to read as
follows:
400.13 Building Permits; Required Information. Each application for a
building permit shall be accompanied by a current certified land survey
indicating that permanent iron monuments are in place at each lot corner.
Permanent iron monuments shall also be placed on each side lot a distance from
the front lot line equivalent to the building setback line. In the event the
distance of the side line is greater than 30 feet, stakes shall be placed on
the front building line a distance not to exceed 30 feet from the building
side lines. Sue h A site plan, drawn to scale and based upon the certified
land survey shall else show thereon the following:
a) All existing buildings with dimensions of each brig and
reference dimensions measured perpendicular from the lot lines to
the nearest point of each building.
b) Locations of existing buildings on adiacent properties, within 25
feet of the lot lines, to include top of foundation elevation and
reference dimensions to front and side property lines.
b) (c) All proposed buildings with dimensions of each buildi and
reference dimensions measured perpendicular from the fronta
side lot lines to the nearest point of each building.
d) Location of all proposed decks, porches, stairways, cantilevers,
fireplaces, and bay and bow windows.
e) (e) Elevations to sea level datum of the centerline of the nearest
street at points where the side line of proposed buildings
extended intersect said street.
e) (f) Proposed elevations to sea level datum of the top of foundation-,
garage floor and -a+- the lower mes lowest floor.
er (g) Existing and proposed elevations to sea level datum of grade at
each property corner and within five feet of foundation on all
sides of proposed buildings.
g} -(h) Elevation to sea level of sanitary sewer main, if existing, at
point of connection to said 5ewers, the eity Engineer to determine
e+evatien of irfferts to nearest manholes up and dewn stream o
proposed building to determine elevation of sewer line.
i ) Location and elevation of all sanitary and storm sewer manholes,
hydrants and catch basins.
h) (j) Any and All existing utilities, easements, drainage ways, water
ways-, and swamp land on or within the 3et property.
f ) W Any an All dimensional variances that are requested_ er prepesed:
1) For one and two family dwellings, the location of an attached or
detached garage, containing at least one parking stall, which
could be built in addition to the dwelling within ordinance
setback standards.
Amended, Ord. No. 83-10, Sec. 1)
m) The location of all proposed driveways, curb cuts, accessory
structures, and retaining walls, including proposed driveway
slope and height of retaining wall.
n) Indicate with arrows, the direction of proposed surface drainage
in accordance with the City-wide and/or subdivision grading plan
as approved by the City Engineer.
o) For properties which abut lakes and ponds, indicate the Ordinary
High Water Elevation (OHW) and reference dimension to the nearest
point of proposed building.
p) An "As -Built" survey, certified by a Minnesota Registered Land
Surveyor, shall be submitted to the Building Official indicating
the elevation of the lowest floor level and the top of the
installed foundation wall for those sites which abut lakes, ponds,
streams, and/or surface water drainage routes and therefore, are
deemed to be subject to flooding and high water damage. The
survey and certification shall be compared to the established
minimum elevations and approved by the Building Official prior to
any further construction above the foundation wall.
Section 2. This Ordinance is effective in accordance with Subsection 110.11.
Adopted by the City Council day of , 19_
Virgil Schneider, Mayor
ATTEST
Laurie Brandt
City Clerk
7 e,
DATE
TO
FROM:
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMP
April 15. 1988 for Council Meeting
a
I
Am. 1988
James G. Willis - City Manaaer
Richard J. Carl4uist - Public Safety Director
SUBJECT PARKING ORDINANCE AMENDMENT
ACTION REOUESTED: It is recommended that the City Council pass the attached Ordi-
nance amending Plymouth City Code, Subsection 1310.05, Subdivision
5.
BACKGROUND: We have experienced difficulty in properly enforcing parking
violations that occur in our public parks. It is intended that
the amendment to the aforementioned Plymouth Code will provide
police officers the appropriate languaoe needed for enforcement.
The City Attorney has reviewed this matter and sent the accompany-
ina Ordinance Amendment. It is recommended that the City Council
pass this item.
RJC:as
Enclosure
LeFevere
Lefler
KennedN
O'Brien R
Drawz
A I'm(c-inn al
X1 , ii inn
2000 First Bank Place West April 11, 1988
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler
J. Dennis O'Brien Mr. Richard J. Carlquist
John E.Drawz Director of Public Safety
David J. Kennedy City Of PlymouthJosephE. Hamilton
John B. Dean 3400 Plymouth Boulevard
Glenn E. Purdue Plymouth, M N 55447
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III Re: Amendment to Section 1310.05
James J. Thomson, Jr.
Thomas R. Galt Dear Dick:
Dayle Nolan
John G. Kressel
Steven B. Schmidt I have discussed with Darrel Anderson the problem regard -
James M.Strommen ing the parking in City parks and violation of posted
Ronald H. Batty
William P. Jordan signs. I am enclosing a proposed ordinance amendment
William R.Skallerud which I have discussed with Officer Anderson.
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin Please call me if you have any questions.
Steven M. Tallen
Mary Frances Skala Sincerely yours, Christopher J. Harristhal
Timothy J. Pawlenty
Rolf A. Sponheim LeFEVERE , LEFLER , KENNEDY,
Julie A. Bergh O' BRIEN & DRAWZ
Darcy L. Hitesman
David C. Roland
Karen A. Chamerlik
Paul D. Ba rtst +.i
James J. Thomson, Jr.
0066LY03.I34
Enclosure
cc: Darrel Anderson
Eric Blank
CITY Ut nIL
Ordinance No. 88 -
AN ORDINANCE RELATING TO PUBLIC SAFETY
AND AMENDING SECTION 1310.05
OF THE PLYMOUTH CITY CODE.
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Section 1. The Plymouth City Code, Subsection 1310.05,
Subdivision 5 is amended to read:
Subdivision 5. City Parks. It-4s--ir lam£-u-l--tro-par-4--a
ve1gieie-4-n--a- Ei-t--g r-k--u-r31-esg-9ueH-ja-r-C- -an
ar=ea -moo- No person shall stop, stand, or
park a vehicle in any place in a public park except in
designated parking areas, or in violation of any offi-
cial posted sign.
Sec. 2. This ordinance is effective upon its publication in
accordance with Subsection 110.11.
Mayor
Attest:
Clerk
0066OR08.I34
d
0 -7D
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: April 20, 1988 For City Council Meeting of April 25, 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
HADLEY WOODS ADDITION
We have received a petition from the residents for street lighting within
Hadley 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.
i
Chester J. Harrison, Jr., E.
CJH/sm
attachment: resolutions
petition
preliminary engineering report
map
e
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:
lCXX
its adoption:
introduced the following Resolution and moved
RESOLUTION NO. 88 -
DECLARING ADEQUACY OF PETITION
AND ORDERING PREPARATION OF REPORT
STREET LIGHTING -
HADLEY WOODS ADDITION
WHEREAS, a petition has been received from the residents in the Hadley Woods
Addition requesting installation of ornamental residential street lighting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA:
1. A certain petition requesting the improvement of Hadley Woods
Addition by the installation of residential ornamental street
lighting, filed with the City Council on April 25, 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 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.
XXX
XXX
0
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City
Council of the City of Plymouth, Minnesota was held on the day of
1988. The following members were present: ,
The following members were absent:
XXX
its adoption:
XXX
introduced the following Resolution and moved
RESOLUTION NO. 88 -
RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING
HADLEY WOODS
WHEREAS, pursuant to a resolution of the Council adopted April 25, 1988, a
report has been prepared by the City Engineer with reference to the
improvement of Hadley Woods Addition by the installation of ornamental
residential street lights and this report was received by the Council on April
25, 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 August 25, 1988. The petitioners
have waived their right to a public hearing.
3. 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.
XX)C )CiY)Y Yxx
PRELIMINARY ENGINEERING REPORT
ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM
HADLEY WOODS ADDITION
Attached to this report is a petition received from the property owners
in the Hadley Woods Addition requesting street lights. The petition is signed
by 100% of the property owners.
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 two (2) lights at a monthly cost of $13.46 per light for a
total cost of $65.43 per month, including contingencies at $ .10 per lot.
This amount also includes a $455 one time installation cost which would be
charged for the first year. The project would be billed on a monthly basis to
all the lots in the addition, a total of 6 lots, which results in an estimated
cost of $10.90 per month for the first year. After the first year the cost
will be $4.58 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 Northern States Power Company's 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.
t,`i,l L Reg. No.
Chester J. ~Hi`rrison,'—J E _
Dated: April 20, 1988
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Mr. F'red Moore
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:
One (1) located at the southeast corner of Queensland Court and Queensland
Lane and one (1) located between the properties of 17910 and 17915 Queens-
land Court.
We do hereby waive our right to public improvement hearings and special assessment
hearings on this improvement.
NAME ADDRESS
17910 Queensland Court (Lot 3)
17915 Queensland Court (Lot 4
17920 Queensland Court (Lot 2
17925 Queensland Court (Lot 5)
17930 Queensland Court (Lot 1)
17935 Queensland Court (Lot 6)
i
El 7E
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 20, 1988 for City Council Meeting April 25, 1988
TO: dames G. Willis, City Manager
r
FROM: Blair Tremere, Community Development Director qL_
SUBJECT AMENDMENT TO STEEPLECHASE 4TH ADDITION (87020)
ACTION REQUESTED: Approval of attached Resolution which amends the approved
Final Plat for the 4th Addition by creating another outlot
which will permit a slightly different lot configuration which is desired for a future
lot in the adjacent area.
BACKGROUND:
The Final Plat was approved under Resolution No. 87-2.23 for 15 single family lots and 3
outlots. The Final Plat has not been filed at Hennepin County and thus can be graphi-
cally modified before release by the City Engineer.
PRIMARY ISSUES AND ANALYSIS:
Refer to the attached correspondence and material from the petitioner. The Public
Works Director and I have reviewed this and find no difficulty, provided assurances are
made legally that the proposed outlot will not become an "orphan." It is important
that it be legally tied to the ajacent property, which is now an outlot, so that future
platting will bring it together as intended, notwithstanding the ownership. The
petitioner has submitted proposed legal documents which would be subject to review and
approval by the City Attorney prior to filing the plat.
RECOMMENDATIONS AND CONCLUSIONS
Approval is recommended. We agree with the petition that this is a minor change and it
would avoid the necessity of a Lot Division and Consolidation later.
AttarhmPntn,
1. Draft Resolution
2. Location Map
3. Background Information
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a meeting of the City Council of the
City of Plymouth, Minnesota, was held on the day of , 19 The
following members were present:
The
following members were absent:
adoption:
introduced the following Resolution and moved its
RESOLUTION NO. 88 -
APPROVING REVISED FINAL PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS
CONSTRUCTION COMPANY FOR STEEPLECHASE 4TH ADDITION (MPUD 83-1) (87020)
WHEREAS, Lundgren Brothers Construction Company has requested approval for a Revised
Final Plat and Development Contract for Steeplechase 4th Addition, a plat for 15 single
family lots and four outlots on property located at 22nd Avenue North, east of Archer
Lane; and,
WHEREAS, the City Council approved the initial Final Plat and Development Contract
under Resolution No. 87-223; and,
WHEREAS, the City Staff has prepared a Revised Development Contract covering the
improvements related to said Plat;
NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THF CITY OF PLYMOUTH,
MINNESOTA, that it should and hereby does approve the Revised Final Plat and
Development Contract for Lundgren Brothers Construction Company for Steeplechase 4th
Addition located at 22nd Avenue North, east of Archer Lane; and,
FURTHER, that the Development Contract for said plat be approved as executed by the
Mayor and City Manager on behalf of the City; and,
FURTHER, Resolution No. 87-223 is hereby rescinded.
The motion for adoption of the foregoing Resolution was duly seconded by
and upon vote being taken thereon, the following
voted in favor thereof:
The following
voted against or abstained: Whereupon the
Resolution was declared duly passed and adopted.
CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a _
City of Plymouth, Minnesota, was held on the
following members were present:
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. 87 -
SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR STEEPLE-
CHASE 4TH ADDITION FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY (MPUD 83-1) (87020)
WHEREAS, the City Council has approved a Revised Final Plat and Development Contract
for Steeplechase 4th Addition as requested by Lundgren Brothers Construction Company;
and,
WHEREAS, the City Council approved conditions regarding the Steeplechase 4th Addition
under Resolution No. 87-224; and,
WHEREAS, the Revised Plat is subject to all of those conditions;
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 condition to be met in
addition to those conditions cited in Resolution No. 87-224 regardinq the Revised Final
Plat for the Steeplechase 4th Addition for Lundgren Brothers Construction Company:
1. Legal Documents prepared by the petitioner. regarding Outlot D shall be revised
and approved by the City Attorney prior to filing the Final Plat for the
revised Steeplechase 4th Addition. The documents will assure that Outlot D is
to be part of the platted lot adjacent to the east at such time that property
is platted.
FURTHER, reference to this additional condition and the revised Final Plat shall be
made in the Development Contract for Steeplechase 4th Addition.
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.
Jim
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TRUCTIONBROSNC.
935EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 • (612) 473-1231
April 8, 1968
Blair Tremere
Plymouth Director of Community Development
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Dear Blair:
5f tf t C St
Re: Proposed amenament to - 4th Addition final approval
Dear Blair:
970 OZ
We are now in the process of finalizing our financing and preparing to
develop Steeplechase 4th Addition. We have not yet recorded the final
plat, however. This makes it possible to modify the plat slightly to
improve a future adjacent lot without the more cumbersome lot division -
consolidation - vacation of utility easement proceeding which would be
necessary if this matter were postponed: until after the plat is recorded.
What we specifically propose is to reduce, the size of Lot 6, Block 3,
Steeplechase 4th Addition through the creation of Uutlot D. (Please see
the attached final plat reduction.) The diminution of Lot 6 would for
practical purposes have no effect on the use or quality of the lot. The
addition of Outlot 1) would signlfi.cantly improve the future lot adjacent
to Lot 6, however, because it would increase this lot's width and permit more
consistent spacing of the three homes to be constructed between Yuma Lane and
Weston Lane.
The attached photocopy of this portion of the preliminary plat depicts
what we wish to achieve. The proposed final plat of Steeplechase 5th
Addition shows how Outlot D would be incorporated to accomplish this
objective. The First Supplement to the Declaration of Covenants for
Steeplechase East (also attached) contains a covenant which will assure
that Outlot D, Steeplechase 4th Addition, will not become an "orphan."
If you have any questions or require further information, please contact
me.
Very truly yours,
Lundgren`BI os. Const uction, Inc.
Michael A. Pflaum
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FIRST SUPPLEME14T TO DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR STEEPLECHASE EAST
ANNEXING STEEPLECHASE 4TH ADDITION)
This FIRST SUPPLEMENT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR STEEPLECHASE EAST, dated this - day
of 1 1988, is made by Lundgren. Bros - Construction, Inc. ,
a Minnesota corporation ("Developer").
WHEREAS, Developer made and executed a "Declaration of
Covenants, Conditions and Restrictions for -Steeplechase East"
the "Declaration" which was dated April 29, 1987, and was
filed in the Office of the Hennepin County Registrar of Titles on
September 16, 1987, as Document No. 1872152; and
WHEREAS, Article IX, Section 8 of the Declaration provides
that :
Section 8. Annexation. Additional Lots and Common Areas may
be annexed to the Properties with the consent of 75% of each
class of members. Additional Lots and Common Areas within
the proposed Development Area may be annexed by the Developer
without the consent of other Owners within eight (8) years of
the date of this instrument. Such annexation shall be
accomplished by means of one or more supplemental
declarations executed by Developer and recorded with the
Hennepin County Registrar of Titles. Until the cessation of
Class'B membership, the Federal Housing Administration or the
Veterans Administration must approve annexation of additional
properties, mergers or dissolutions Of the Association, lot
consolidation and mortgaging and dedication of common areas.
WHEREAS, Developer is the owner of the following described
real estate located in the City of Plymouth, County of Hennepin,
and State of Minnesota, which constitutes a portion of the
IlProposed Develooment Area", as defined on Page of the
Declaratlon:
Lots 1 through 5, Block 1;
Lots 1 through 4, Biock 2;
Lots 1 through 6, B 1 o c'-1 3; all in STEEPLECHASE 4TH
ADDITION (the "Additional Lots"); and
Outlot C, STEEPLECHASE 4TH ADDITION (the "Additional
Common Area").
WHEREAS, Developer now desires to annex the Additional Lots
and Additional Common Area to the "Properties" as defined in
Article I of the Declaration, to amend the Declaration
accordingly and to amend the Declaration to impose certain
covenants, conditions, restrictions and easements, upon the
Additional Lots and the Additional Common Area:
NOW, THEREFORE, Developer hereby declares as follows:
1. Annexation of Additional Lots. The Additional Lots are
hereby subjected to the Declaration as "Lots" as defined therein
and are hereby annexed to the "Properties" as defined therein,
and shall be transferred, held, sold, conveyed and developed
subject to all the easements, covenants, restrictions, conditions
and other terms and provisions of the Declaration to the same
t 4extentasthoughtheAddi onal Lots had been designated as
Lots 11 in the Declaration as originally executed. In accordance
with the foregoing, Article II of the Declaration is hereby
amended by adding the Additional Lots to the listing of Lots
contained in Article II.
2. Annexation of Additional common Area. The Additional
Common Area is hereby subjected to the Declaration as one of the
Common Areas" as defined therein and is hereby annexed to the
Properties" as defined therein, and shall be transferred, held,
covenants,
sold, conveyed and developed subject to all easements,
restrictions, conditions and other terms and provisions Of the
Declaration to the same extent as though the Additional Common
Area had been designated as one of the Common Areas in the
Declaration as originally executed. In accordance with the
foregoing, Article II of the Declaration is hereby amended by
adding Outlot C, STEEPLECHASE 4TIH ADDITION to the listing of
Common Areas contained in Article II; and Article IV, Section 3,
of the Declaration is hereby amended by adding a sentence to the
end thereof to read as follows:
Pursuant to the foregoing, the Developer hereby grants an
easement running in favor of all Properties subject to this
Declaration and all properties subject to the Other
Declaration for the purposes set forth in Article IV, Section
1 of this Declaration over Outlot C, STEEPLECHASE 4TH
ADDITION, subject to the well easement granted in Article IV,
Section 9 of this Declaration.
3. Well Easement. The Developer hereby adds a new Section
9 to Article IV of the Declaration reading in its entirety as
follows:
Section 9. Well Easement. The Developer does hereby grant
and convey to the ty
of Plymouth, a Minnesota municipal
corporation, its successors and assigns, a permanent easement
for utility and drainage purposes over, under and across the
following easement area to
I
be used as a public well site,
subject to the requirements that any improvements within the
easement area shall (1) be governed by Water Well
Construction Code 4725.1900 as part of Chapter 4725 of the
Minnesota Department of Health's Water Well Construction
Code; (2) be as inobtrusive as possible in accordance with
sound engineering practice, i.e. be constructed completely
below ground if possible or be confined to as small an area
as possible if underground construction is not possible; (3)
be appropriately fenced (with the minimal amount of fencing)
or otherwise be appropriately secured; and (4) be
appropriately landscaped. The easement area consists of the
following two parcels:
3-
o CWellParcel: That part L Out I ot C STEEPLECHASE 4TH
ADDITION described as follows: Commencing at
the most northerly corner of Lot 1, Block 1
STEEPLECHASE 4TH ADDITION; thence South' 576
West along the north line of said Lot 1 a
distance of 47.92 feet to the actual point of
beginning; thence south 200 West , along the
northwest line of said Lot 1, 100.00 feet;
thence North 700 West, 100.00 f eet; thence
North 200 East, 100.00 feet; thence South
700 East, 100. 00 feet to the point O.L
beginning.
Water Line
Parcel: That part of Outlot C , STEEPLECHASE 4TH
ADDITION described as follows: commencing at
the most northerly corner of Lot 1, Block 1
STEEPLECHASE 4TH ADDITION; thence North 366
25' West, along the northwesterly extension of
the northeasterly line of said Lot 1, a
distance of 30.16 feet; thence South 570
West, parallel to the north line of said Lot 1
to the northeast line of said Well Parcel;
thence southeasterly along the northeast line
of said Well Parcel to the point of beginning
of the Well Parcel; thence North 570 East,
along the north line o
Jf
said Lot 1 , 47.92
feet, to the point of beginning.
In accordance with the foregoing, the Developer hereby amends
Article IV, Section 1 of the Declaration by adding the following
introductory clause to the first sentence of that Section:
Subject to the well easement over part of OutlOt C,
STEEPLECHASE 4TH ADDITION granted in Article IV, Section 9
of this Declaration,...
4. Pond Equipment. The Developer hereby adds a new
Section 10 to Article IV of the Declaration reading in its
entirety as follows:
Section 10. Pond Equipment. A pond or ponds will be
located partially within the following described "Pond
Site(s)":
Pond Site No. 1: The drainage easement for ponding
dedicated in the plat of STEEPLECHASE 4TH ADDITION
over the southeasterly portions of Lots 4 and 5, Block
3.
4-
Access to the Pond Site(s) for maintenance purposes
will be over the f ollowing described "Access
Lane( s) " :
Access Lane to Pond Site No. 1: Both 10 -foot wide
drainage and utility easements along the common
boundary of Lots 3 and 4, Block 3, STEEPLECHASE 4TH
ADDITION, as dedicated in said plat.
The Developer hereby retains easements: M over the
Pond site(s) to install, remove, replace, maintain,
repair and operate a fountain or fountains and aeration
equipment, including, without limitation, water hoses,
air -hoses, and air diffusers (the "Pond Equipment") in
and around the pond(s); and (ii) over the Access Lane(s)
for access to the Pond Site(s) for maintenance of the
Pond Equipment. Developer shall have * the right, but not
the obligation, to install, remove,, replace, maintain,
repair and operate the Pond Equipment. The Pond
Equipment shall remain the property of the Developer and
may be removed by Developer at any time without notice.
Said easements shall be nonexclusive, perpetual,
irrevocable, assignable commercial easements in gross
for the benefit 0 L Developer, its successors and
assigns. Neither the public nor the owners of Lots in
the Properties shall have any rights in the Pond Site(s)
or the Access Lane(s) by virtue of the easements
retained by Developer in this section unless and until
Developer shall assign its rights under this section to
them by recorded instrument.
5. Disposition of Outlot D. outlot D STEEPLECHASE 4TH
ADDITION is part of the Proposed Development Area, but is not
being annexed to the Properties at this time. The Developer
hereby covenants in favor of the City of Plymouth, a Minnesota
municipal corporation, (1) that when outlot H, STEEPLECHASE 3RD
ADDITION is replatted, Outlot D), STEEPLECHASE 4TH ADDITION shall
be included in the replat so that Outlot D, STEEPLECHASE 4TH
ADDITION shall not remain an "orphan" or "remnant" outlot; and
2) until such replatting occurs, said Outlots shall be conveyed
together, so that they remain under common ownership.
4
IN WTTNESS qtjEPEOF, Developer has caused this instrument to
be executed the day and year first above written.
LUNDGREN BROS. CONSTRUCTION, INC.
By
Peter Pflaum, Its President
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged be 'L ore me
th--'s day of 1988, by Peter Pflaum, President of
Lundg - ren Bros. Construction, Inc., a Minnesota corporation, on
behalf of the corporation.
Notary Public
This Instrument was Drafted by:
LEONARD, STREET AND DEINARD - SCM/HMM
930 Lumber Exchange
Ten South Fifth Street
Minneapolis, Minnesota 55402
0454M
APPROVAL OF FEDERAL HOUSING ADMINISTRATION
BY THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT
The Federal Housing Administration, by and through the
Secretary of Housing and Urban Development, hereby approves the
foregoing First Supplement to Declaration of Covenants,
Conditions and Restrictions for Steeplechase East.
Dated: 1988
Print Name:
Print Title:
Minneapolis -St. Paul office
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN )
On this day of 1988, before me appeared
the of the Minneapolis -
0
St. P ul office 0 -F the Department O.L Housing and Urban
Development, who, being duly sworn, did say that he is the duly
appointed Authorized Agent and the person who executed the
foregoing approval by virtue of the authority vested in him by 24
CFR 200.118, and acknowledged the same to be his free and
voluntary act and deed as Authorized Agent for and on behalf of
the Secretary of Housing and Urban Development.
In testimony whereof, I hereunto set my hand and affix my
notarial seal on the day and year last above written.
Notary Public
7-
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 20, 1988 for City Council Meeting April 25, 1988
TO: James G. Willis, City Manager
FROM: Blair Tremere, Community Development Director
SUBJECT REOUEST BY POWELL LINCOLN MERCURY FOR GRAND OPENING SIGNAGE IN EXCESS OF
ORDINANCE STANDARDS (87127)
ACTION REQUESTED: Powell Lincoln Mercury requests approval of two temporary
signs rather than one and sign area for each in excess of
Ordinance maximum for two banners to be used as temporary signs in conjunction with a
scheduled Grand Opening, April 30 - May 9, 1988.
BACKGROUND:
The request was just received and the Board of Zoning does not meet prior to the
scheduled event. Further, the Ordinance limits the Board of Zoning discretion on sign
variances to location and dimension. The petitoner is seeking permission to have two
signs rather than one.
Thus, it is appropriate for the Council to consider this request given the limitation
on Board of Zoning discretion as well as the timing.
PRIMARY ISSUES AND ANALYSIS:
The Ordinance limits the amount of temporary signage for commercial announcements such
as Grand Openings, to one. The Ordinance limits the size of the sign to a maximum 32
sq. ft.
The Ordinance language is consistent throughout the non-residential zoning districts
and does not vary from one use -type to another for this particular purpose.
The Council may wish to direct further review of this with the intent of broadening the
capability the business can have for the temporary period of a grand opning or other
special event. Perhaps Grand Openings could even be segregated from other commercial
events.
I suggest this not so much on the basis of a pressing demand by a large number of
businesses, but on the basis that the temporary nature of the signage suggests that it
would be reasonable to have a variety of announcement media.
Page two
Memorandum to City Manager
Variance from the Sign Ordinance for Powell Lincoln Mercury
City Council Meeting April 25, 1988
April 20, 1988
RECOMMENDATIONS AND CONCLUSIONS
I recommend that the Council determine whether this request is within the intent of the
Ordinance for a Grand Opening temporary signage. If it is, the Council could authorize
it by Motion.
My conclusion is that the request is reasonable primarily on the basis of it being for
a specific term Grand Opening. Grand Openings could be segregated from other
commercial events.
I expect the petitioner to be represented at the Council meeting; the petitioner is
aware of the short time -frame and the reasons for the Variance action.
AttAnhmj-ntc
1. April 20, 1988 Correspondence
2. Location Map and Site Information
3. Excerpt from Zoning Ordinance
F)Owell
Lincoln-Mercury
April 20, 1988
Mr. Blair Tremere
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
RE: Powell Lincoln Mercury Grand Opening
Dear Mr. Tremere:
6 049
We would like to use two banners to announce our Grand Opening.
One to be placed on the west side of our building and the other
to be placed between light poles in front of building. Banner
size would be 30' long and 2' high. The lettering would read
GRAND OPENING.
The dates would be April 30, 1988, thru May 9, 1988.
Thank you.
Sincerely,
Pa%]EIL LINCOLN MERCURY, INC -
Reginald Powell,
General Manager
RP: jw
3901 Vinewood Lane - Plymouth, Minnesota 55441 - (612) 559-7200
870qq
S. f 12 SEC. 17 F. f Y, goo Pi . 22
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P1_Y11OUTH ZONING ORDINANCE
Section 10 Subdivision A
4) Temporary Signs for political campaigns shall be a maximum 32 sq. ft. in
surface area, and shall be removed when the intended purpose has been
fulf illed.
Temporary political campaign signs shall be removed not more than five
days after an election.
The owner or manager of the sign, the owner of the land, or the political
candidate shall be equally responsible for the propert location, mainten-
ance, and ultimate removal of the sign. Setback requirements may be
waived for such signs, provided that they are located on private property
with the express consent of the property owner, and provided that they do
not impede safety by obstructing vision of pedestrians or motor vehicle
operators.
5) One Temporary Sign for commercial announcements such as grand openings and
special events, shall be a maximum 32 sq. ft. in surface area, and may be
mounted on a portable stand. Such signs may be used not more than four
times per calendar year, and for a period of not more than 14 days per
time or of the duration of the event promoted by the sign message, which-
ever is less. The sign, sign supports, and portable stand shall be re-
moved from public view at the end of the period. Multi -tenant buildings
shall be considered as a single property for purposes of this paragraph,
and the use of the single temporary sign by tenants on the property shall
be the responsibility of the property owner or designated manager who
shall endorse in writing, all applications for sign permits. The owner or
manager of the sign and the owner of the property shall be equally respon-
sible for the proper location, maintenance, and removal of the sign. Set-
back requirements may be waived for such signs provided they are located
on private property with the express consent of the property owner and
provided they do not impede safety by obstructing vision of pedestrians or
motor vehicle operators.
6) Temporary Signs for non-commercial announcements by civic groups shall be
a maximum 32 sq. ft. in surface area, provided that a maximum of three
such signs may exceed 32 sq. ft., to a maximum 300 sq. ft., in surface
area provided that the larger signs are for city-wide and free community
events.
Temporary Signs for non-commercial announcements by civic groups shall be
removed when the intended purpose has been fulfilled. Signs with a
surface area greater than 32 sq. ft. are allowed for a maximum of ten
days.
The owner or manager of the sign, the owner of the land, or the sponsoring
civic group shall be equally responsible for the proper location,
maintenance, and ultimate removal of the sign. Setback requirements may
be waived for such signs provided that they are located on private
property with the express consent of the property owner, and provided they
do not impede safety by obstructing vision of pedestrians or motor vehicle
operators. (Amended Ord. 86-26)
10-9
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447
TELEPHONE (612) 559-2800
MEMO
DATE: April 20, 1988 for City Council Meeting April 25, 1988
TO: James G. Willis, City Manager
FROM: Blair Tremere, Community Development Director
SUBJECT REPORT ON MASSAGE PARLOR AND SAUNA ORDINANCE
ACTION REQUESTED: Receive the Report from Development Services Technician Myra
Wicklacz and provide possible further direction to staff for
research.
BACKGROUND:
The City Council recently directed that staff research the matter of massage parlor and
sauna ordinances, and the matter of adult bookstores. We are still working on the
latter topic.
The Mayor indicated that the Golden Valley Ordinance was comprehensive and should be
investigated. Myra's research confirmed that the City Code Sections adopted by the
Plymouth City Council several years aqo meet or exceed those provisions.
PRIMARY ISSUES AND ANALYSIS:
The City Code provisions do not deal with the matter of location except as follows:
Licenses may be granted only for locations in the Districts classified as non-
residence districts under the Zoning Code and subject to the provisions of the Zoning
Code".
The City Code does provide that "A license shall not be granted if granting the license
would be inconsistent with the Comprehensive Plan of the City, or would otherwise have
a detrimental effect upon other property or properties in the vicinity". The issue is
whether such facilities should be more explicitly restricted to certain zones or
districts.
The Zoning Ordinance has four non-residential districts: B-1 (office limited
business), B-2 (shopping center), B-3 (service business/ retail), and I-1 (planned
industrial). There is no specific provision in the Zoning Ordinance for massage
parlors or saunas. There is a provision in the B-1, B-2, and B-3 Districts for
11schools and studios, artists, music, photo, decorating, dancing, health, etc.".
Page two
Memorandum to City Manager
Report on Massage Parlors and Saunas
City Council Meeting April 25, 1988
April 20, 1988
Those districts also provide sports and fitness clubs in office buildings and the B-2
and B-3 Districts provide for sports and fitness clubs which may be free-standing. The
Council has approved a sports and fitness club in the I-1 District as a conditional
use.
There is no specific provision for sauna or for massage parlors in any non-residential
zoning district. Arguably, permissive or exclusionary zoning codes, like ours, pro-
hibit such uses by not providing for them (although, the City licensing code clearly
does reference them as being limited to the non -residence districts).
This is an area that we would pursue with the City Attorney if the Council is of the
direction that more specific language should be provided relative to prohibition or
restriction.
Another issue is the language that relates to saunas and the provision that "no person
shall engage in the business of operating a sauna . . . either exclusively or in con-
nection with any other business enterprise without being licensed as provided in this
Section. The number of sauna licenses which may be in force at any one time
shall be five".
Our informal inventory of existing businesses in the City which have swimming pools
and/or health club facilities, indicates that there are at least five establishments
which have saunas. There are no sauna licenses issued at this time. It seems the
intent of the Code is directed toward specific business enterprises that feature saunas
although the language in the present code could be bothersome ("in connection with any
other business enterprise").
It would be advisable for the City Council to discuss that intent and language as well.
RECOMMENDATIONS AND CONCLUSIONS
We recommend that the Council receive the report and discuss it. Direction should be
given as to any desired clarification of existing lanquaqe or further regulations.
Att.AnhmPntq
1. April 13, 1988 Memorandum
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD., PLYMOUTH. MINNESOTA 55447
TELEPHONE (612) 559-2800
DATE:
April 13, 1988
MEMO
TO:
Blair Tremere, Community Development Director
FROM:
Myra G. Wicklacz, Development Services Technicianlivid
SUBJECT
Massage Parlor and Sauna Ordinance
AE 7-.-,nr Mayor Schneider's inquiry into a "sauna and massage parlor
orc Li-.ance
11 in Plymouth, the City Code Section 615 - Saunas and
Massaae Parlors relates to the licensing requirements for these
types of facilities for public health purposes and Section 1135-
Massaoe relates to the business and trade regulations for these
types of facilities.
The Administration Department received copies of ordinances
regulating massage parlors and saunas from the City Attorney's
office for Brooklyn Center, Coon Rapids, Golden Valley,
Minnetonka, Minneapolis, Richfield, Roseville, St. Louis Park, St.
Paul and West St. Paul. In reviewing these ordinances, it appears
that Plymouth's licensing regulations coincide with other cities'
regulations, however, it is evident that general zoning and
building restrictions should be reviewed more closely. (This is
consistant with each of the cities' codes except St. Paul's.)
St. Paul's zoning code is the only example that places "zoning
restrictions" on these types of uses.
It would be feasible for the Community Development Department to
review this topic further and determine if/how the City Code
and/or Zoning Ordinance could be revised to place proactive
restrictions on this subject. I perceive this to be a viable way
to protect the City from prolonged future controversy on this
subject.
WP\ADULTORD
Plymouth City Code 615-01
Section 615 - Saunas and Massage Parlors
615.01. Definitions. Shabdivision 1. For purposes Of this Section, the terms
defined in this Section have the meanings given them.
Subd. 2. "Sauna" means and includes a steam bath or heat or heat bathing
room used for the purpose of bathing, relaxation or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, and the associated premises.
Subd- 3. The terms "massage", "masseur" and "masseuse" have the meanings
given them by Section 1135 of this Code.
Subd- 4. "Massage parlor" means arrT premises at or in which massage is
performed.
615-03. Policy; License Required. Sabdivision 1. Findings; Policy. It is
found and determined that the sauna and massage parlor businesses are particular
subject to abuses which are contrary to the morals, health, safety and general
welfare of the community. Further, it is found that control of these abuses
requires intensive efforts of the police department as well as other departments
of the City. These efforts exceed those required to control and regulate other
business activities licensed bv the City. This concentrated use of City services
tends to detract from and reduce the level of service available to the rest of the
community and thereby diminishes the ability of the City to promote the general
health, welfare, morals and safety of the community.
Subd. 2. General Rule; Number of Licenses. No person shall engage in the
business of operating a sauna or massage parlor either exclusively or in connection
with any other business enterprise without being licensed as provided in this
Section. The number of sauna and massage parlor licenses which may be in force at
any one time shall be five.
615-05. License; Application. Application for a sauna or massage parlor license
shall be made on forms provided by the City Manager. The application shall contain:
a) A description of the property to be used;
b) The names and addresses of the owner, lessee, if any, and the operator
or manager;
c) The names, residences and addresses of two persons, residents of
Hennepin County, who may be referred to as to the applicant's, the
manager's or operator's character;
d) Whether the applicant, manager or operator has ever been convicted of a
crime or offense other than a traffic offense and, if so, information
as to the time, place and nature of such crime or offense; and
e) Such other information as the City Manager may require.
If the application is made on behalf of a corporation or a partnership, it shall
be accompanied by appropriate business records showing the names and addresses of
all individuals having an interest in the business and, in the case of a
corporation, the names and addresses of the officers and shareholders. Applicants
Plymouth City Code 615-07
shall furnish to the City with their application, documents establishing the
applicant's interest in the preirises on w1iich the business will be located.
Documentation shall be in the fona of a lease, a deed, a contract for deed or
any other document which establishes the applicant's interest. The applications
for license shall be signed and sworn to. If the application is by a natural person,
it shall be signed and sworn to by such person; if by a partnership, by one of the
partners; and if by an unincorporated association, by the manager or managing
officer thereof.
615-07. License Fees and License Year. The license fee is fixed by Chapter X.
The license fee shall be paid when the application is filed. In the event that the
application is denied or in the event that the license once issued is revoked)
cancelled, suspended or surrendered ' no part of the annual fee shall be returned
to the applicant unless by Council action. In addition to the annual license fee
required by this Section, any applicant making an initial application shall pay
a non-refundable application and investigation fee of $750.00 at the time of
making such application. A separate license shall be obtained for each place of
business. The licensee shall display the license in a prominent place in the
licensed business at all times. A license, unless revoked or surrendered,, is for
the calendar year or part thereof, for which it has been issued. The annual
license fee shall not be pro -rated.
615-09. Granting oE Denial of Licenses. License applications shall be reviewed
by the police department, planning department, health department and such other
departments as the City Manager shall direct. The review shall include an
inspection of the premises covered by the application by the health department,
inspection division and fire division to determine whether the premises conform
to all requirements of this Code. Recommendations of each department shall be
made in writing to the Manager. Thereafter, licenses shall be granted or denied
by the Manager subject to the provisions of this Section. The applicant may
appeal to the City Council from the Manager's decision.
615-11. Conditions GoverningIssuance.
a) No license shall be issued if the applicant or any of its owners,
managers, employees or agents is a person of bad repute.
b) Licenses shall be issued only if the applicant and all of its owners,
managers, employees and agents are free of convictions for offenses
which involve moral turpitude or which relate directly to such person's
ability, capacity or fitness to perform the duties and discharge the
responsibilities of the licensed activity.
c) Licenses shall be issued only to applicants who have not, within one
year prior to the date of application been denied licensure; or who have
not within such period had a same or similar license revoked.
d) Licenses shall be issued only to applicants who have provided all of
the information requested in the application, have paid the full license
fee and have cooperated with the City in review of the application.
e) If the applicant is a natural person, a license shall be granted only
if such person is 18 years of age or older.
Plymouth City Code 615-13
f) Licenses may be granted only for locations in the districts classified
as non -residence districts under the Zoning Code and subject to the
provisions of the Zoning Code.
g) Licenses sha-L! be granted only to establishments which meet the safety,
sanitary and building code requirements of the State and City.
h) A license shall not be granted if granting the license would be
inconsistent with the comprehensive plan of the City, or would otherwise
have a detrimental effect upon other property or properties in the
vicinity.
615-13. Restrictions and Regulations. Subdivision 1. Compliance with Law.
The licensee and the persons in its employ shall comply with all applicable
regulations and laws of the City and State relating to safety and morals.
Subd. 2. Person in Chargez Manager. If the licensee is a partnership or
a corporation, the applicant shall designate a person to be manager and in
responsible charge of the business. The manager shall- remain respDnsible for
the conduct of the business until another suitable person has been designated in
writing by the licensee. The licensee shall promptly notify the police department
in writing of any such change indicating the name and address of the new manager
and the effective date of such change.
Subd. 3. Employees. The licensee shall furnish the police department with a
list of current employees indicating their names, addresses and which employees are
practicing massage as part of their duties. The 'Licensee shall promptly notify the
police department of any change in the list.
Subd. 4. Hours. The licensed premises shall not be open for business nor
shall patrons be permitted on the preT-ises between the hours of 1:00 a.m. and 8:00
a.m. of the same day.
Subd. 5. Inspection. The -licensee shall permit and allow the inspection of
the premises cblring business hours by all appropriate City employees.
Subd. 6. Identification. Upon demand by any police officer any person
employed in arV licensed premises shall identify himself by giving his/her true
legal name and his/her correct address.
Subd. 7. Minors. No person under 18 years of age shall be employed in an
establishment requiring a license under the provisions of this ordinance.
Subd. 8. No such business shall employ or use any person as a masseur or
masseuse., unless such person is currently certified under Section 1135 of this Code.
Any person acting as a masseur or masseuse in any such business shall have his/her
certificate or a true copy thereof displayed in a prominent place in the premises.
615-15. Construction and Maintenance Requirements. Subdivision 1. Materials.
All sauna rooms and all restrooms and bathrooms used in connection therewith shall
be constructed of materials which are impervious to moisture, bacteria, mold or
fungus growth. The floor to wall and wall joints shall be constructed to provide
a sanitary cove with a minimum radius of one inch.
Plymouth City Code 615.17
Subd. 2. Restrooms. All restrooms shall be provided with mechanical ventilation
with 2 cfm per square foot of floor area, a hand washing sink equipped with hot
and cold running water under pressure, sanitary towels and a soap dispenser.
Subd- 3. Lighting. All rooms in the licensed premises including but not limitelc
to sauna rooms, massage rooms, restrooms, bathrooms, janitor's closet, hallways,
and reception area shall be illuminated with not less than 30 foot candles of
illumination.
Subd. 4. Cleaning Supplies. Each establishment shall have a janitor's closet
which shall provide for the storage of cleaning supplies. Such closet shall have
mechanical ventilation with 2 cfm per square feet of floor area. Such closet shall
include a mop sink.
Subd- 5. Floors; Sanitation. Floors, walls and equipment in sauna rooms
and in restrooms and in bathrooms used in connection therewith must be kept in a
state of good repair and clean at all times. Linens and other materials shall be
stored at least 12 inches off the floor. Clean towels and wash cloths must be
made available for each customer.
Subd. 6. Lockers. Individual lockers shall be made available foruse by
patrons. Such lockers shall have separate keys for locking.
Subd- 7. Refuse. Such establishments shall provide adequate refuse
receptacles which shall be emptied as required.
Subd. 8. Door Locks. The doors to the individual massage rooms shall not be
equipped with any locking device and shall not be blocked or obstructed from either
side.
615-17. Revocation and Suspension of License. Subdivision 1. Manager Action.
The license may be revoked, suspended or not renewed by the City Manager
upon a showing that the licensee, its owner, manager, employee or agent has engaged
in any of the following conduct:
a) Fraud, deception or misrepresentation in connection with the
securl
of the license.
b) Habitual drunkenness or intemperance in the use of drugs including but
not limited to the use of drugs defined in either 26 USC Sec. 4731 or
Minnesota Statutes, Chapter 152, barbiturates " hallucinogenic drugs,
amphetamines, benzedrine, dexedrine, or other sedatives,, depressants,,
stimulants, or tranquilizers.
c) Conduct inimical to the interests of the public health, safety,
welfare or morals.
d) Acts demonstrating or involving moral turpitude.
e) Failure to fully comply with the requirements of Sections 615-13 and
615-15 of this Code, or with Sections 1135-13 and 1135-15 of this Code.
f) Conviction of prostitution or other offense involving moral turpitude
by any court of competent jurisdiction.
Plymouth City Code 615-17, Subd. 2
g) Engaging in any conduct which would constitute grounds for refusal to
issue a license under Subsection 615-11 of this Chapter.
Subd. 2. Appeal. The licensee may appeal such suspension, revocation or
non -renewal to the City Council. The Council shall consider the appeal at a
regularly or specially scheduled Council meeting on or after 10 days from service
of the notice of appeal upon the City Clerk by the licensee. Hearing on the appeal
shall be open to the public and the licensee shall have the right to appear and be
represented by legal counsel and to offer evidence in behalf of licensure. At the
conclusion of the hearing, or as soon thereafter as practicable, the Council may
order:
a) The revocation, suspension or non -renewal of the license.
b) The revocation, suspension or non -renewal by the City Manager be
lifted and the license be returned to the licensee.
c) The City Council may base its action regarding the license upon any
additional terms, conditions and stipulations which it may, in its
discretion, impose.
Plymouth City Code
Section 1135 - Massage
1135-01
1135.01. Definitions. Subdivision 1. The terms defined in this Subsection have
the meanings given them.
Subd. 2. "Massage" means the rubbing, stroking, kneading, tapping or rolling
of the body with the hands or any instrument.
Subd- 3. "Masseur" or "masseuse" means a person who practices massage.
Subd. 4. "Certificate" means a certificate issued by the City authorizing
the holder thereof to practice massage in the City.
1135.03. Massage Distinguished. The practice of massage is hereby declared to be
distinct from the practice of medicine, surgery, osteopathy, chiropracticy
physical therapy, or podiatry and persons duly licensed in this state to practice
medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, nurses
who work solely under the direction of any such persons, athletic directors and
trainers are hereby expressly excluded from the provisions of this Section. Beauty
culturists and barbers who did not give, or hold themselves out to give,, massage
treatments, as defined herein, other than is customarily given in such shops or
places of business for the purpose of beautification only, shall be exempt from
the provisions of this Section.
1135-05. CertificatL229ul -f out asLred. No person shall engage in, or hold hinse3
being engaged in, the practice of massage within this City without first having
obtained a certificate as provided in this Section.
1135.07. Application for Certificate. Subdivision 1. Contents. Application for
a certificate shall be made on forms provided by the City Manager. The application
shall contain the following information together with any other information which
the Manager may require:
a) Evidence of the applicant's educational qualifications, including
originals or certified copies of degrees, diplomas or certificates,
if any.
b) Evidence of applicant?s practical qualifications to practice massage.
c) Evidence that the applicant is of good moral character.
d) The names and addresses of two persons, residents of Hennepin County,
who may be referred to as to the applicant's character.
e) 'Ahether the applicant has ever been convicted of a crime or offense
other than a traffic offense and if so, information as to the time,
place and nature of such crime or offense.
f) Evidence in the form of current certificate from a licensed physician
practicing in Minnesota indicating (1) that within the past 30 days he
has examined the applicant, and (2) that such examination was for the
purpose of determining whether applicant had any communicable disease,
and (3) that as a result of such examination he believes that applicant
is not suffering from any communicable disease which would disqualify
applicant from engaging in the practice of massage,
Plymouth City Code 11315. 09
Subd. 2. Inter-riewsi_F--a,,ainat 4-o 4n. In addition to the application, the Manager
or his designee may interview the applicant and may require that the applicant pass
an examination testing applicant's knowledge of the practice of massage.
Subd. 3. Investigation Fee. Each applicant shall be accompanied by payment
of a non-refundable investigation fee of $50-00.
1135-09. Certificate Fee and Certificate Year. The certificate fee is $100.00.
A certificate, unless revoked, is for the calendar year, or part thereof for which
it has been issued.
1135.11. Granting or Denial of Certificate. Certificate applications shall be
reviewed by the police department and such other departments as the City Manager
shall deem necessary. Thereafter certificates shall be issued or denied by the
Manager subject to the provisions of this Section. The applicant may appeal a denial
by the Manager to the City Council.
1135-13. Conditions Governing Issuance.
a) Certificates may be issued only to persons of good repute.
b) Certificates may be issued only to persons free of convictions of
prostitution or offenses which involve moral turpitude or which relate
directly to the person!s ability, capacity, or fitness to perform the
duties and discharge the responsibility of the occupation.
c) Certificates shall not be issued to a person who, within one year prior
to the date of application, has been denied certification or who has had
a certificate revoked.
d) Certificates may be issued cnl-y to persons who have answered fully all of
the information requested in the application and have paid the full
certification fee.
e) Certificates may be issued only to persons 18 years of age or older.
f) Certificates may be issued only to persons with sufficient practical
experience or traininE to perform the duties and discharge the
responsibilities of the occupation.
g) Certificates may be issued only to persons free of communicable disease
and in good health.
1135-15. Restrictions and Regulations. Subdivision 1. Display of Certificates.
Ar3y certified masseur or masseuse shall have the certificate or a true copy thereof
displayed in a prominent place at the place of employment.
Subd. 2. Identification. Upon demand by any police officer, a certified
masseur or masseuse practicing massage shall give proper identification including
true legal name and correct address.
Subd. 3. ChapZe of Address. k certified masseur or masseuse shall inform the
City Manager of any change in residence address within 30 days of such change.
Subd. 4. Hours. No certified masseur or masseuse shall perform such service
between the hours of 1:00 otclock a.m. and 8:00 o'clock a.m. on the same day.
Plymouth City Code 1135-17
Subd. 5. Photographic Identification. Every certified masseur or masseuse
shall appear personally at the Police Department to receive delivery of the
certificate, and upon such appearance shall be photographed for identification
purposes. One copy of the photograph shall be permanently affixed to the
certificate and a second copy shall be kept in the files of the Police Department.
1135-17. General Rule. Massage may be practiced only by certified masseuses or
masseurs only at business establishments licensed pursuant to Section 615 of this
Code. Massage may be practiced only for the purposes of physical fitness, relaxation,
or beautification. The practice of massage for any other purpose is prohibited.
1135.19. Revocation and Suspension of Certificate. Subdivision 1. Grounds.
A certificate may be revoked or suspended or not renewed by the City Manager for
any of the following:
a) Fraud, deception or misrepresentation in connection with the
securing of certification.
b) Habitual drunkenness or intemperance in the use of drugs including
but not limited to the use of drugs defined in either 26 USC Sec. 4731
or Minnesota Statutes, Chapter 152, barbiturates, hallucinogenic drugs,
amphetamines, benzedrine, dexedrine, or other sedatives, depressants,
stimulants or tranquilizers.
c) Conduct inimical to the interests of the public health, safety, welfare
or morals.
d) Engaging in conduct involving or demonstrating moral turpitude.
e) Failure to comply with the requirements of Subsection 1135-11 of this
Section.
f) Conviction of prostitution or other offense involving moral turpitude by
any court of competent jurisdiction.
Subd. 2. Appeal. The certificate holder may appeal such suspension., revocation
or non -renewal to the City Council. The Council shall consider the appeal at a
regularly or specially scheduled Council meeting on or after 10 days from service
of the notice of appeal upon the City Clerk by the certificate holder. Hearing on
the appeal shall be open to the public and the certificate holder shall have the
right to appear and be represented by legal counsel and to offer evidence in behalf
of certification. At the conclusion of the hearing,, or as soon thereafter as
practicable, the Council may order:
a) That the revocation, suspension or non -renewal by the City Manager
be affirmed.
b) That the revocation, suspension or non -renewal by the City Manager
be lifted and that the certificate be returned to the certificate holder.
c) The City Council may base its order regarding the certificate upon any
additional terms, conditions and stipulations which it may, in its
discretion, impose.
Plymouth City Code 1135.21
1135.21. Certificate Required for Employment. No employer shall employ a
person to practice massage unless that person has been granted a certificate
pursuant to this Section; and every such employer shall require that the
certificate be prominently displayed on the business premises.
1135.23. Offenses. Any person who commits or attempts to commit, conspires to
commit, or aids or abets in the commission of, any act constituting a violation
of this Section, whether individually or in connection with one or more other
persons or as principal, agent, or accessory, is guilty of a misdemeanor. Every
person who falsely) fraudulently, forcibly or willfully induces, causesq coerces,
requires, permits or directs another to violate arW of the provisions of this
Section is guilty of a misdemeanor.
7/4
MEMO
CITY OF PLYMOUTH
3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447
DATE: April 20, 1988 For City Council Meeting of April 25, 1988
TO James G. Willis, City Manager Through Fred G. Moore, Director of
Public Works
FROM : Chester J. Harrison, Jr., City Engineer
SUBJECT: PROJECT STATUS REPORTS AND
STATUS OF PREVENTIVE MEASURES FOR EROSION CONTROL
Enclosed are the status reports provided by various consultants performing
engineering services within the City. Based on these reports, the design and
construction projects presently approved are preceding in a timely manner.
1. Approve Payments - 3/28/88 to 4/25/88
2. Bonestroo, Rosene, Anderlik and Associates, Inc., Zachary Lane Water
Treatment Plant Report.
3. Bonestroo, Rosene, Anderlik and Associates, Inc., Project Status Report.
4. Short -Elliott -Hendrickson, Inc., Project Status Report.
5. Strgar-Roscoe-Fausch, Inc., Project Status Report.
6. Listing of erosion control complaints.
7. List of Bassett Creek Watershed construction site inspection.
The complaints and inspections listed above have been accepted and implemented
for corrections through the various contractors and developers throughout the
City. All the items listed and complaints received have been corrected to date.
Continuous monitoring of the erosion problems is being implemented by the
Engineering Department. Presently, corrective measures are needed on individual
lots. The contractor and developers are being notified to implement erosion
protection on their lots.
Chester J. lfarrison-,'r—,'>P-E-
CJH: kh
attachments: Status Reports
Complaints
Requests
Approve Payments Listing
PUBLIC IMPROVEMENT PROJECTS
APPROVE PAYMENTS
FROM 3-28-88 TO 4-25-88
REPORT NO. 38
PAYMENT DATE DATE OF
NO. REC'D CONTRACTOR PROJECT APPROVAL AMOUNT
4 & 3/24/88 Tenyer Coatings Plant Water Tower Recond. 3/24/88 18,354.00
Final
1 4/7/88 Ceca Utilities, Inc. Fernbrook Woods, Phase 1 4/12/88 67,249.26
10 4/12/88 Shaw -Lundquist Assoc., Inc. Zachary Ln./Water 4/14/88 216,726.35
Treatment Facility
Proj. 431)
Bonestroo
Rosene
Anderilk &
Associates
Engineers & Architects
April 15, 1988
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Otto G. Bonestroo, RE.
Robert W Rosene, RE.
Joseph C. Anderlik, RE.
Bradford A. Lemberg, RE.
Richard E Turner, RE
James C. Olson, RE.
Glenn R. Cook, RE.
Thomas E. Noyes, RE.
Robert G Schunicht, RE.
Marvin L. Sorvala, RE.
Attn: Mr. Fred G. Moore
Director of Public Works
Re: Project Status Report
Our File No. 70
Dear Fred:
Keith A. Gordon, RE.
Richard W Foster, RE.
Donald C. Burgardt, RE.
Jerry A Bourdon, RE.
Mark A. Hanson, RE.
Ted K. Field, RE.
Michael T Rautmann, RE.
Robert R. Pfefferle, RE.
David 0. Loskota, RE.
Thomas W Peterson, RE. Charles A. Erickson
Michael C. Lynch, RE. Leo M. Pawelsky
James R. Maland, RE. Harlan M. Olson
Kenneth P Anderson, RE. Susan M. Eberlin
Keith A. Bachmann, RE. Mark A. Seip
Mark R. Rolfs, RE.
Robert C. Russek, A.I.A.
Thomas E. Angus, RE.
Howard A. Sanford, RE.
The following monthly status report for B.R.A./City of Plymouth work has been
organized into four distinct categories: Preliminary Reports, Plans and
Specifications, Active Construction Projects, and Other Projects.
PRELIMINARY REPORTS
Project 814 - Well No. 10:
A draft copy of the report for Well No. 10 has been submitted to City Staff
for review. Final reports will be completed by April 22nd.
PLANS AND SPECIFICATIONS
Project 660/813 - Woodcreek Addition/22nd Avenue:
B.R.A. is currently working with city staff to incorporate the 22nd Avenue
Utillity and Street Improvements project into the previously completed
Woodcreek Addition Sto m Sewer Improvement project. Draft plans and specifi-
cations will be completed by April 25th.
ACTIVE CONSTRUCTION PROJECTS
Project 431 - Zachary Lane W.T.F. - Shaw -Lundquist Assoc.:
The building walls and roofs are essentially complete, with work continuing on
the skylights and the exterior windows. The majority of the work is now
focused on the building interior, assembling and installing the High Service
Pumps, constructing the filter underdrain plenum floor, and installing the
heating ductwork and electrical conduits. The painting contractor is working
in the lower levels.
Page 1.
02
2335 West Highway 36 * St. Paul, Minnesota S5113 e 612-636-4600
City of Plymouth
Mr. Fred G. Moore
Plymouth, MN
April 15, 1988
Project 625 - Deep Wells No. 8 & 9 - NewMech Companies:
The pumps for Wells 8 & 9 are not expected until the end of April or beginning
of May. On April 20th, the decision will be made as to whether the new pump
or whether a temporary pump will be installed at Well No. 8. In either case,
Well No. 8 will be operational by May 1st. Based on the shipping schedule,
Well No. 9 should be operational by May 15th.
The electrical work has been completed at Wells 2 & 3 and both are back on
line.
Proiect 011 - 001/630 Bass Lake Plaza/Harrison Hill Utility Improvements -
S.J. Louis:
Contractor started work on February 22nd. All sanitary sever is now completed
and the lift station is installed. The lift station's electrical work, the
watermain, and the restoration work remains.
Project 720 - Fernbrook Woods - Utility & Street Improvements - Ceca Utilities:
Project awarded to CECA Utilities. Preconstruction meeting held March 22.
The Contractor has completed all sanitary sewer work, except along Ithaca Lane
and 48th Ave. Project completion date is July 1, 1988.
OTHER PROJECTS
Project 544 - Fernbrook Lane - Anderson Bros:
A meeting has been held with the General Contractor to review quantities.
General contractor agrees with the final quantities but the grading subcon-
tractor does not. Another meeting will be held yet this month to settle this
matter.
Project 908 - 001 - Pike Lake inter-geptor Sewer, Phase !I - S. -T. 1-cuis:
Punch List" items have been completed, but restoration work remains at three
spots. A meeting has been held with the Contractor to review quantities. The
General Contractor agrees with the final quantities.
Page 3.
101A
City of Plymouth
Mr. Fred G. Moore
Plymouth, MN
April 15, 1988
Project 702 - 1987 Utilities - Berg 2nd Addition - C.S. McCrossan:
All utility work completed and accepted. Small amount of sod and seed res-
toration to be completed along with Hennepin County's CSAH #9 restoration
work. C.S. McCrossan's work is completed.
1987 STREET IMPROVEMENTS - BUFFALO BITUMINOUS:
Contractor to repair one (1) broken gate valve box top then the project can be
finalized. Buffalo Bituminous will get this completed as soon as they start
up operations this year. We expect that to occur around May 15th.
Project 517 - Revere Lane/Trenton Place 2nd Addition - Moser Construction:
The contract is behind schedule due to delays and other problems caused by
improper subgrade preparation by the Developer. Due to the Developer, Moser
Construction still has not been able to complete the required work. Please
refer to the letter sent to Dan Campbell dated December 21, 1987 for further
explanation.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
Keith A. Bachmann
KAB:ci
cc: JCO, HMO, JKI
Page 2.
1031
CONSTRUCTION PROGRESS REPORT
Zachary Lane WTF
Plymouth, MN
Project No, 431
April 20, 1988
Work Completed:
Progress on the building in the past month includes finishing
the membrane roofing with ballast, framing and sheathing the
roof skylights, installing the exterior windows on the west
and south sides of the filters, and placing much of the re-
maining miscellaneous concrete,
The filter wash troughs have been installed and work has
begun on the plenum floor, dowelling rebar in for the floor
supports. The process piping is nearly complete and painting
of the piping is to begin on April 25.
Schedule:
The majority of the mechanical work is concentrated in the
filter area to get the process items completed first. The
plenum floor must be completed in time to install the filter
media scheduled for May 11, The Contractor has begun rubbing
the concrete walls to prepare them for painting, The painter
will start by painting the process piping that is ready and
proceed to rooms as they become available. The skylights are
to be completed by next week and the metal wall panels will
be installed beginning April 22, The terrazzo flooring has
Just begun.
The construction of the valve vault for the altitude valve
will require that the Zachary Lane elevated tank be taken out
of service for an estimated three days. This must either be
done before hydrant flushing begins on April 25, or be held
off until the water demand decreases to a point which permits
the tank to be taken down at a later date.
Drawings for the supervisory controls have been returned. To
expedite delivery the required corrections were communicated
to the supplier prior to the return of the drawings. The
controls are scheduled to be delivered the first week of May.
Overall, things are moving well. However, getting the faci-
lity operational by June 15 is going to be difficult, The
contractor maintains that his schedule is accurate. We are
doing what we can to assist.
Phil Caswell
Bonestroo, Rosene, Anderlik, & Assoc.
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1-
CONSTRUCTION MEETING MINUTES
Zachary Lane W.T.F.
Plymouth, MN
City Project No. 431
April 12, 1988
Present: Tom Noyes
Bob Fasching
Claude Jacobson
Ken Wood
Phil Caswell
Brad Folkert
Bruce Cook
Dick Kalow
Greg Cook
Bob Reichel
Wayne Werkhoven
BRA & Assoc.
City of Plymouth
Shaw -Lundquist Assoc.
Premier Electric
BRA & Assoc.
Shaw -Lundquist Assoc.
City of Plymouth
Horwitz, Inc.
City of Plymouth
Swanson & Youngdale
Shaw -Lundquist Assoc.
1. High Service Pumps. Currently there are 4 men working
on assembling them.
2. Exhaust Ductwork. Issue has not been resolved. May have
to go to arbitration.
3. Schedule. Status of items:
Concrete sacking soon & completing misc
Masonry currently rubbing & washing walls
Roof must install ballast & sheath top of
skylights
Glazing currently working on west side
Power has been turned on
Elevator begin working on it again tomorrow
Underdrains start on 4-20
Media will be installed on 5-11
Painting start on 4-25; sandblasting first
Terrazzo start Monday, 4-18
SCC's drawings have been returned; should
be in manufacturing
Process Mech. -
20" inf. DIP - no change
Air piping - should be completed Thursday
Wash Troughs - should be completed Thursday
Plenum Floor - begin next week
Chem. Feed - controllers are here. Remainder is
stored.
Backwashing &
Skimming - must check on capacity of storm
system
4. Valve vault. A contractor must be found to replace ACG.
The City will be flushing hydrants on this side of the
freeway from April 25 to May 25, and the Zachary Lane
Tank cannot be out of service during that time. The
altitude valve is at the base of the tank. Down time
should be approx. 3 days. The sooner it's done the
better. There is a problem with a 24" valve near new Co.
Rd. 9 which will also require having the tank on line
during repairs.
The piping has been completed at the Central WTP site.
5. Wells 8 & 9. No word on pumps.
6. Color Schedule. BRAA has revised schedule. This will be
covered after the meeting.
7. Grab bars. One of two grab bars for handicap -equipped
toilets was omitted. BRAA must check to see if this
meet code requirements.
8. Next meeting April 26 0 9:00 a.m.
9. Meeting adjourned 10:00 a.m.
CON==TRUCTION MEETING MINUTES
Zachary Lara W.T.F.
PlyMCi Ut.h, I•IN
City Project No. 431
March 24, 190
Present: it ; Tom Noyes
Bob Fasching
Claude Jacobson
Dennis Niemi
Phil Caswaii
Brad Folkert•
Bruce Cool::
Dick halow
Greg Cook
ferry :Tenniges
R t a A Assoc.
City of Plymouth
haw-Lunoquist• Assoc.
Premier Electric
BRA & Assoc.
haw -Lundquist Assoc.
City of Plymouth
Horwitz, Inc.
City of Plymouth
Shaw -Lundquist Assoc.
1. High Service Pumps, Mill Wrights will do assembly, Mustwaitforwordtr{gill W, W. Goetsch.
2. C 0. No. 4. Was W - ed at the last City Council rift,,
3. Exhaust Ductwork. Nothing new.
4. Central WTP. A let.t.e1a:.• been - r ri i sent t.c Swansoni A young - dale i' Paint color,
C. Schedule, items:
Concrete - have only Pipe support•_, toppings, and
other mise, items remaining.
will Wait until warm weather to do
patching & finishing.
I!a:ciii'y - west.parapet. walls ? F ' c a interior walls are
left, will finish outside in 1 1/2 days.
Must wash down exterior walls.
have another week inside.
Roofing - 2 lower roofs are completed.
if filter Parapet• walls are done, can
start by next Monday.
i-ould be completely done by next week.
Windows - the glazing is here. Will be installed
next week.
Framing - skylights & entrance to be done by next
week.
Power - are awaiting lugs for 600 MC:M eagles.
service: has been inspected p aPProv_d.
need power for elevator.
c6ntinued ...
lights will be done as electricians pro -
grass room by room.
Control & Inst.
must determine status of Aquatrol drawings
need graphic panel dimension to construct
masonry.
must leave out block: from below window u
from north window.
Terrazzo - begins on April 11.
Sluice Gates
have no priority
Chemical Feed Equip.
will deliver controllers to get hooked up.
General Filter Co.
inlet. BFV's conflict. Horwitz will fix.
aluminum handrail eves not fit, correctly.
GFC: will look: at it.
Horwitz to finish;
0" influent piping
air piping
wash troughs
plenum floor I nozzles with the wash
troughs installed.
L asked Horwitz for a schedule. Will check.
The critical items are in the filters, the rest is
finishing. The cleaning and backwashing is time-con-
suming. ERA noted that the Backwash Tanks could be al-
lowed to overflow to the storm system if it was ready.
The impact downstream would have to be looked at, but
this would speed up the backwashing and skimming.
The City brought up that any Communication Problems be-
tween the contractor and VESSCO should be taken care of,
since it will be critical in getting on lint in time.
6. Meeting adjourned 9:50 a.m.
MEMORANDUM
ENGINEERS ARCHITECTS PLANNERS
222 EAST LITTLE CANADA ROAD, ST PAUL, MINNESOTA 55777 612 484-0272
TO: CHET HARRISON, CITY ENGINEER
CITY OF PLYMOUTH
FROM: DAVE PILLATZKE
DATE: APRIL 20, 1988
SUBJECT: PROJECT STATUS REPORT
PLYMOUTH, MINNESOTA
SEH FILES: 86089, 87131, AND 88048
Gleason Lake Drive (CR 15 - Trail), Project 602
This project has been completed and final payment issued.
T.H. 101 and Fernbrook Lane Trails, Project 724
Construction has been completed except for correction of minor
cleanup items. Over the winter, several pedestrian ramps cracked
due to traffic driving over the curb. The Contractor has been
instructed to replace all of the deficient concrete in
conjunction with the other cleanup items.
1988 Street Improvements, Project 801
The feasibility report has been completed and accepted by the
City. Financing methods for construction will be discussed with
the City Council at a work session. Based on the results of this
meeting a date will be scheduled for a public hearing.
DJP/me
SHORT ELLIOTT ST PAUL, CHIPPEWA FALLS, HENDRICKSON INC. MINNESOTA WISCONSIN
9jSTRGAR-ROSCOE-FAUSCH, INC.
CONSULTING ENGINEERS
TRANSPORTATION CIVIL STRUCTURAL ENGINEERS LAND SURVEYORS
Commission No. 0870858
0870921
IV,0:4 63114`.ibit) yl
TO: Fred G. Moore, P.E.
City of Plymouth
FROM: Timothy D. Phenow, P.E.Z-
07
S. Rick Brown ,_
DATE: April 20, 1988
SUBJECT: CONSTRUCTION STATUS
CONTRACTOR: BURY & CARLSON, INC.
S.J. GROVES OFFICE PARR AREA - CITY PROJECT NO. 648
Current construction status (work completed to date)
follows:
SCHEDULE A
Grading 100%
Storm Sewer 100%
Curb and Gutter 100%
Bituminous Paving:
Frontage Road (Interim Wearing Course) 100%
13th Avenue Overlay 100%
Traffic Signals 99%
Landscaping and Miscellaneous 95%
SCHEDULE B 100%
is as
Traffic signals are complete except for painting the poles and
mast arms. Minor settlement repair and final wearing course
placement will be completed as soon as weather permits.
rLC52
r
L
Suite 150, One Carlson Parkway North, Minneapolis, Minnesota 55447
612) 475-0010 • FAX No. (612) 475-2429
Mr. Fred G. Moore - 2 - April 20, 1988
CARLSON CENTER STH ADDITION AREA - CITY PROJECT NO. 751
Current construction status (work completed to date) is as
follows:
Bituminous Paving 0%
Storm Sewer 99%
Sanitary Sewer 99%
Watermain 99%
Landscaping and Miscellaneous 0%
Underground utilities are substantially complete and have been
tested. Street construction is being coordinated with the
developer's construction operations and no difficulty is
anticipated in meeting the completion date.
SRB:bba
i :.
3-31-88
TELEPHONE CONTACT
STREET CLEANING COMPLAINTS AND CORRECTIVE ACTION
Fox Run 2nd & 3rd Additions:
Called Mike Pflaum 11:00 on 3-23 (corrected and ongoing)
Lake Camelot Addition:
Called Steve Johnston 11:00 a.m. 3-23 (corrected and ongoing)
Quail Ridge Addition:
Called Randy Hedlund 3:45 p.m. 3-23 (corrected and ongoing)
Ponds North Addition:
Called Bob Thene 3:50 p.m. 3-23 (corrected and ongoing)
Westwood Ridge 2nd Addition:
Called Larry Graham 8:42 a.m. (corrected and ongoing)
Oakwood Shores 2nd Addition:
Called Brian Begin 11:58 a.m. (corrected and ongoing)
City Water Plant:
Fred called Phil Caswell 12:00 noon (corrected and ongoing)
Wild Wings Addition:
Called John DeVries - left message 11:20 a.m. (corrected and
ongoing)
Ponds North Addition:
Called Larry 11:20 a.m. (corrected and ongoing)
Barr
Engineering Company
7803 Glenroy Road
Minneapolis, MN 55435 -
612/830-0555 4
April 5, 1988 `}
Mr. Joe Ryan_' '
Building Inspection Department
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
Re: Bassett Creek Watershed Construction Site Inspection
Dear Mr. Ryan:
We have inspected construction sites in the Bassett Creek Watershed for
conformance to erosion and sediment control policies. Listed below are
construction projects and the improvement needed for effective erosion
control. Sites were inspected March 31 and April 1, 1988.
Clifton French Park -- Silt fence must be repaired along the slope
north of the grading operation.
Deerwood Glen -- Silt and sand must be removed from 47th Avenue North
and Yorktown Lane. Silt fence must be repaired across the drainage
easement at the south side of the pond located between 46th Place, and
Valley Forge Lane, north of 47th Avenue.
Edina Realty Plymouth Office -- Silt fence, hay bales or a rock filter
berm must be installed to intercept runoff at the site entrance from
County Road 18 Service Road.
Hennings Second Addition -- Silt fence or additional hay bales must be
installed along the wetland north of the home located at the 12000
address. Additional hay bales or silt fence must be installed between
the existing hay bales located along the wetland at the south side of
the site southwest of the home at the 12005 address.
Hoyt Development (Plymouth Corporate Center) -- Sand and silt must be
removed from the parking area.
Kings North -- Silt fence must be maintained along the north boundary
of the development.
Mr. Joe Ryan April 5, 1988 Page 2
Mission Trails -- Silt fence must be installed along the wetland south
of the new home construction at Lot 1, Block 4 near the south side of
the development where Goldenrod Lane changes to 40th Avenue North.
Parkers Lake North Second Addition -- Silt fence located near the
southeast corner of the development along the north edge of the Parkers
Lake Park parking lot entrance from Niagra Lane, must be repaired.
Plymouth Ponds -- The catch basin located on the north side of the
development between the two buildings under construction must be
protected with hay bales or a rock filter berm.
Quail Ridge -- Silt fence must be repaired along the perimeter of
Turtle Lake where needed.
Stone Hill -- Silt fence must be installed adjacent to the wetland
along the west side of the development.
Sunset Valley Homes First Addition -- Silt fence must be installed at
the perimeter of the site adjacent to the wetland.
Tech West 55, Phase II -- Sand and silt must be removed from the
parking area and from 28th Avenue.
Tyrell Sixth Addition -- Silt fence must be repaired or installed to
intercept runoff entering 45th Avenue North, 46th Avenue North,
Minnesota Lane and Lanewood Lane.
Woodlands -- Sand and silt must be removed from Trenton Circle.
The following construction projects were found to be in conformance
with erosion and sediment control policies:
Armstrong Ridge
Carlson Center Sixth Addition
Cimarron Business Center
Clock Tower Square
Dekoco
Groves Office Park
Heritage Ridge North
Heritage West Second Addition
Hummingbird Cove Apartments
Kingsview Heights
Lake Park Heights
Meyer Gonyea
Mount Olivet Lutheran Church
Otto Bock Orthopedic Industries
Parkers Lake Park II
Peace Lutheran Church Addition
Plymouth Ponds
Plymouth Water Treatment Building
Powells First Addition
PSM Corporate Building
Ryan Temporary Fill
Sagamore 7 6 8
Silverthorne Second Addition
Scanticon
Mr. Joe Ryan
Swan Lake
Westwood Ridge Second Addition
April 5, 1988 Page 3
The following developments have been completed and removed from the
inspection list:
Amhurst Park
County Road 61 Park
Erin Properties
S.J. Groves Office Park
Hoyt Development (Plymouth Corporate Center)
Minneapolis Auto Auction - 1120 Nathan Lane
Parkers Lake Farm
Rockford Conco, Inc.
Rolling Hills Park
Sincerely,
James P. Herbert
Engineer for the
BASSETT CREEK WATER MGMT. COMM.
JPH/lsf
c: Fred Moore
JRLTR/321,10
CITY OF PLYMOUTH
3400 PLYNflDUrH BOULEVARD, PLYMJUM, MINNESOTA 55447
DATE: April 19, 1988 for City Council Meeting April 25, 1988
TO: James G. Willis, City Manager
FROM: Dale E. Hahn, Finance Director ,
SUBJECT: INSURANCE CLAIMS REPORT
CRY: In accordance with City Council direction, I am attaching a copy of
the insurance claims status report. The information was supplied by Dor
Kuplic, the City's insurance agent. The claims are summarized under the
rarious status categories.
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i
2000 First Bank Place West
Minneapolis
Minnesota 55402
Telephone (612) 333-0543
Telecopier (612) 333-0540
Clayton L. LeFevere
Herbert P. Lefler
J. Dennis O'Brien
John E. Drawz
David J. Kennedy
Joseph E. Hamilton
John B. Dean
Glenn E. Purdue
Richard J. Schieffer
Charles L. LeFevere
Herbert P. Lefler III
James J. Thomson, Jr.
Thomas R. Galt
Dayle Nolan
John G. Kressel
Steven B. Schmidt
James M. Strommen
Ronald H. Batty
William P. Jordan
William R. Skallerud
Rodney D. Anderson
Corrine A. Heine
David D. Beaudoin
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
LeFe N ere
Lefler
RennedN,
O'Brien R
Drawz
k Plolf—iunal
Vssuiiationi
April 21, 1988
James G. Willis
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
jr—
Re: Quarterly Status Report on Pending Civil Litigation
Dear Jim:
This report covers the pending civil litigation matters
as of April 10, 1988. As with the previous reports, I am
only summarizing the facts and circumstances of the cases
opened since the last report. Again, this report does
not cover matters being handled by the City's insurer.
MATTERS STILL PENDING SINCE LAST REPORT
1. Special Assessment Appeals.
Project #408 (Dunkirk Lane). (A-lowI)
The trial on one of the parcels was held on
March 15, 1988. The trial court recently
issued its ruling upholding the City's
assessment values and dismissing the
plaintiff's appeal. We are hopeful that the
result of the case will convince the other
owners not to pursue their appeals.
2. Eminent Domain Cases.
a. Project #853 (City of Plymouth v.
Cavanaugh).
The case has been assigned to Judge
Minenko for trial. We are waiting to
receive a trial date from Judge Minenko.
James G. Willis
April 21, 1988
Page 2
b. City of Plymouth V. Forster Properties.
The City obtained title and possession to
the property on June 8, 1987. We are in
the process of settlement discussions with
the property owner. No hearing date has
been scheduled.
3. Belgarde v. City of Plymouth. This matter
involves a claim by a property owner for payment for an
easement that the City acquired in 1979. The plaintiff
has made a settlement proposal that we have rejected. We
have made a counter proposal and are waiting to hear from
the plaintiff's attorney.
4. Benson V. City of Plymouth. This matter
involves a claim for reimbursement for park dedication
fees and miscellaneous other fees incurred in connection
with a lot division application. The plaintiff has not
pursued the case since initiating the lawsuit.
CASES CLOSED SINCE LAST REPORT
1. Middlemist v. City. The City has paid the
judgment ordered by the court.
2. Minnesota Hotel Ventures v. City. This lawsuit
was an effort by the operator of the Holiday Inn to
prevent the City from revoking its liquor license for
failing to pay property taxes. The taxes have now been
paid and the lawsuit has been dismissed. (The operator
of the Inn has filed a Chapter 11 (Reorganization)
Bankruptcy proceeding that we will be monitoring.)
NEW MATTERS COMMENCED SINCE LAST REPORT
1. Lyndale Terminal Co. v. City. This lawsuit
involves the City Council's decision not to delete the
hours -of -operation condition on the site plan approval
for the Holiday Plus store. In order to defend this case
in as cost effective way as possible, I have drafted a
proposed stipulation of facts and sent it to the plain-
tiff's attorney. We hope to have the case heard in the
next few months.
2. Project 762 Eminent Domain (Cottonwood Plaza).
The eminent domain action for the stormwater holding pond
downstream from Cottonwood Plaza has been commenced as
requested by the owner, who is paying the litigation
James G. Willis
April 21, 1988
Page 3
expenses. The City will obtain title to the property on
June 8, 1988.
Sincerely,
LeFEVERE, LEFLER, KENNEDY,
O'BRIEN & DRAWZ
I
f
ames Thomson, r.
0066LT06.134