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HomeMy WebLinkAboutCity Council Packet 05-02-1988M CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING MAY 2, 1988 CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. CALL TO ORDER 7:30 P.M. 2. INVOCATION 3. ROLL CALL 4. PROCLAMATION - May 1-7 as "Cities Week" in Plymouth 5. PRESENTATION - Engineering feasibility report, Well No. 10, City Project No. 814 by Keith Bachmann of Bonestroo, Anderlik, & Associates 6. LEGISLATIVE UPDATE - Wrap Up 7. CONSENT AGENDA 8. MINUTES - Approval of Minutes of the Special Council meeting of April 25, 1988 9. PETITIONS, REQUESTS AND COMMUNICATIONS A. Richard Neslund. Site Plan for Vicksburg Plaza at 1113 Vicksburg Lane (87082) B. John DeVries/Wild Wings 2nd Addition. Land Use Guide Plan Amendment from I-1 to LA -2 for property east of Zachary Lane and south of the Soo Line RR 88010) C. City of Plymouth. Land Use Guide Plan Amendment from LA -1 to LA -2 for property located west of Schmidt Lake Road and Saratoga Lane (88034) D. Wally Anderson, ARADCO Inc. PUD Concept Plan for residential (single and multi -family) development on property north of C.R. 9 and east of Fernbrook Lane (88015) A 9. PETITIONS, REQUESTS AND COMMUNICATIONS E. Prudential Insurance Company. Conditional Use Permit Amendment for Scanticon Fitness Center at 3131 Campus Drive (88020) F. Nina Wildman, Sussex Square Development. Preliminary Plat and Variance for Shiloh Pines residential development located west of newel Lane and 29th Ave. south of C.R. 24 (88025) G. Request from BLH Development Co. to reduce assessments for curb and gutter on Northwest Boulevard for Bass Lake Heights 4th Addition H. Development contract bond reduction, Bass Lake Estates Addition (84091) I. Receive petition and set public hearing for vacation of drainage and ponding easements in Steeplechase 3rd Addition 0. Approve plans and specifications and advertise for bids, Woodcreek Addition storm sewer, Project 660 and 22nd Avenue utility improvements, Project 813 K. Receive petition and preliminary engineering, receive engineering report and order street lighting improvements in Ponds North Addition L. Receive waiver of hearing and levy assessments on Lot 1, Block 1, Willow Grove Office Park 2nd Addition M. Resolution adopting No Parking" on various streets N. Receive petition and set public hearing for vacation of drainage and ponding easement in Groves Office Park Addition 0. Award of bid, St. Mary's Neighborhood Park 10. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. Annual Risk Management Report B. Fence permit system recommendations C. City Manager Performance and Compensation Review 11. ADJOURNMENT LI CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 26, 1988 for May 2, 1988 City Council meeting TO: dames G. Willis, City Manager FROM: Helen LaFave, Communications Coordinator through Frank Boyles, Assistant City Manager SUBJECT PROCLAMATION DECLARING MAY 1 THROUGH 7 CITIES WEEK IN PLYMOUTH Attached is a proclamation proclaiming May 1 through 7 Cities Week in Plymouth. Cities Week is part of the League of Minnesota's 75th Anniversary. The Mayor may wish to read the proclamation at the Council Meeting. HL:kec attachment PROCLAMATION WHEREAS, cities are a grass roots governmental system which represents a close relationship between elected officials and citizens; and WHEREAS, some 80 percent of the people in Minnesota choose to raise their families and make their homes within our state's cities; and WHEREAS, cities provide the basic services necessary to insure the health, safety, and well being of the people --services such as water, streets, and police and fire protection; and WHEREAS, cities exhibit amazing versatility in funding unique ways to cost effectively provide these services to their residents; and WHEREAS, cities are essential to the future protection and development of our resources; and WHEREAS, it is appropriate to recognize the work of city officials, city employees, and volunteers in providing for the economic growth and vitality of our communities; NOW, THEREFORE, I, Virgil Schneider, Mayor of the City of Plymouth, do hereby proclaim the first week in May to be CITIES WEEK in Plymouth and urge citizens to take this opportunity to learn more about city government and how they can become more involved. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Plymouth to be affixed at the this day of , 1988. Mayor MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 28, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: ENGINEERING FEASIBILITY REPORT WELL NO. 10 CITY PROJECT NO. 814 Bonestroo, Rosene, Anderlik and Associates, Inc. have completed the Engineering Feasibility Report for Well No. 10. Attached is a copy of the report. Keith Bachmann, the project engineer, will be at the City Council meeting to present the report. The report concludes that Well No. 10 will be needed by 1990. For this reason, construction of the well should be started this year. The well would not be operational until the summer of 1989. The report further concludes that the well should be located at the Zachary Lane site and has an estimated total project cost of $393,000. Financing of the well would be from the "Utility Trunk Fund". It is recommended that the City Council adopt the attached resolution ordering the plans and specifications for the construction of Well No. 10. Fred G. Moore, P.E. FGM:kh attachments: Resolution Engineering Feasibility Report CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: X)C its adoption: XXX XXX introduced the following Resolution and moved RESOLUTION NO. 88 - ORDERING PLANS AND SPECIFICATIONS WELL NO. 10 PROJECT NO. 814 WHEREAS, the City has received a Preliminary Engineering Report for Well No. 10 to expand the City's water supply system; and WHEREAS, it is recommended that Well No. 10 be located at the Zachary Lane site and construction begin in 1988; and WHEREAS, plans and specifications are needed for Well No. 10. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Bonestroo, Rosene, Anderlik and Associates, Inc. is designated as the building engineer to prepare plans and specifications for Well No. 10 in accordance with the Preliminary Engineering Report dated April 21, 1988. 2. That funding for the well will be from the Utility Trunk Fund. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X X)ti )fXX I M I N U T E S SPECIAL COUNCIL MEETING APRIL 25, 1988 A special meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on April 25, 1988. PRESENT: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur, and Sisk, City Manager Willis, Assistant Manager Boyles, Planning Director Tremere, Public Works Director Moore, City Attorney Thomson, and City Clerk Brandt ABSENT: None CONSENT AGENDA MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt the consent agenda as presented. 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 18 Regular Council Meeting as submitted. Motion carried on a Roll Call vote, five ayes. PETITIONS, REQUESTS AND COMMUNICATIONS MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-252 APPROVING DISBURSMENTS FOR THE PERIOD ENDING MARCH 31, 1988 in the amount of $2,131,657.35. Motion carried on a Roll Call vote, five ayes. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS CONSENT AGENDA Item 4 MINUTES - REGULAR MEETING, APRIL 18, 1988 Item 5* RESOLUTION NO. 88-252 DISBURSEMENTS FOR PERIOD ENDING 3/31/88 Item 6-A* MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-253 Zitur, to adopt RESOLUTION NO. 88-253 ADOPTING STATEMENT OF ADOPTING POLICY POLICY OF STANDARDS AND CRITERIA REGARDING SITE AND BUILDING BUILDING AESTHETICS AESTHETICS AND ARCHITECTURAL DESIGN. Item 7-A* Motion carried on a Roll Call vote, five ayes. Special Council Meeting April 25, 1988 Page 113 MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 88-15 Zitur, to adopt ORDINANCE NO. 88-15 RELATING TO BUILDING, HOUS- BUILDING REGULATIONS ING AND CONSTRUCTION REGULATIONS, AMENDING SECTION 400.01, SUB- Item 7-B* DIVISION 2a.(a)(2), SECTION 400.01, SUBDIVISION 3 AND SECTION 410.01. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 88-16 Zitur, to adopt ORDINANCE NO. 88-16 RELATING TO BUILDING, NOUS- BUILDING REGULATIONS ING AND CONSTRUCTION REGULATIONS, AMENDING SECTION 400.13. Item 7-B* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember ORDINANCE NO. 88-17 Zitur, to adopt ORDINANCE NO. 88-17 RELATING TO PUBLIC SAFETY RELATING TO PUBLIC AND AMENDING SECTION 1310.05 OF THE PLYMOUTH CITY CODE. SAFETY Item 7-C* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-254 Zitur, to adopt RESOLUTION NO. 88-254 DECLARING ADEQUACY OF ORDERING REPORT PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, STREET LIGHTING HADLEY WOODS ADDITION. HADLEY WOODS Item 7-D* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-255 Zitur, to adopt RESOLUTION NO. 88-255 RECEIVING REPORT AND ORDERING PROJECT ORDERING PROJECT, STREET LIGHTING, HADLEY WOODS. STREET LIGHTING HADLEY WOODS Motion carried on a Roll Call vote, five ayes. Item 7-D* MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-256 Zitur, to adopt RESOLUTION NO. 88-256 APPROVING REVISED FINAL REVISED FINAL PLAT PLAT AND DEVELOPMENT CONTRACT FOR LUNDGREN BROTHERS CONSTRUCTION STEEPLECHASE 4TH ADDN. COMPANY FOR STEEPLECHASE 4TH ADDITION (MPUD 83-1) (87020). (87020) Item 7-E* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-257 Zitur, to adopt RESOLUTION NO. 88-257 SETTING CONDITIONS TO BE SETTING CONDITIONS MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR STEEPLE- REVISED FINAL PLAT CHASE 4TH ADDITION FOR LUNDGREN BROTHERS CONSTRUCTION COMPANY STEEPLECHASE 4TH ADDN. MPUD 83-1) (87020). (87020) Item 7-E* Motion carried on a Roll Call vote, five ayes. Councilmember Vasiliou stated she believed it was a reasonable REQUEST FROM POWELL request for a grand opening and it could be easily controlled LINCOLN MERCURY and not abused. FOR SIGN VARIANCE Item 7-F Special Council Meeting April 25, 1988 Page 114 MOTION was made by Councilmember Vasiliou, seconded by Council - member Ricker, to approve the request by Powell Lincoln Mercury for a sign ordinance variance. Councilmember Sisk asked if the sign ordinance should be changed to allow this type of request in the future without requiring a variance otherwise specific findings should be made for this variance. Director Tremere stated the ordinance is oriented to signs for special events rather than grand openings. He believes grand opening signs could be dealt with separately because they are for a shorter period of time and businesses have only one grand opening. He added the 32 sq. ft. maximum requirement was more for special events. Motion carried, five ayes. MOTION was made by Councilmember Sisk, seconded by Mayor Schneider, directing staff to add to or reword the zoning ordi- nance sign regulations regarding temporary commercial signs so as to take into consideration grand opening signage which should include the size of the business, whether the sign is free standing, and the location of the sign. Motion carried, five ayes. Mayor Schneider stated the code should be changed so that it would allow massage parlors and/or saunas in only one commercial district. Right now they are allowed in any of the three B dis- tricts. Manager Willis stated they are not contemplated as a permitted use and not once has the City had a proposal come forward to in- stall an operation such as this. The Council originally wanted to be prepared in the event such a proposal was received. Councilmember Sisk asked if the current saunas would become non- conforming uses or are they classified differently? Could they be conditional uses? Manager Willis stated the reason the Council got involved in this years ago was that saunas and massage parlors were fronts for prostitution. Prior to that, a local hotel had a sauna for its customers and it was never expected that this type of facil- ity would come under the definition in the ordinance. Unless it Is a problem, he recommended not making any changes in the ordi- nance. REPORT ON MASSAGE PARLORS & SAUNAS Item 7-G Special Council Meeting April 25, 1988 Page 115 Attorney Thomson agreed with the Manager. Saunas associated with a club or hotel are not what the ordinance was aimed at. The City hasn't required any of these to get a sauna license and this has been treated consistently. He doesn't believe it vio- lates the ordinance to have the current saunas in operation. MOTION was made by Councilmember Ricker, seconded by Councilmem- ber Vasiliou, to accept and file the report. Motion carried, five ayes. Manager Willis stated activity is starting to pick up with the PROJECT STATUS warmer weather. The water treatment plant is moving along and REPORTS should be operational by June 15. The fire station cost esti- Item 7-H mate should be to the Council shortly and the building plans should be ready for Council review by mid-May. Councilmember Vasiliou stated she continues to be disappointed that the City is on the list of street cleaning complaints. Manager Willis stated negotiations with The Gym to resolve the INSURANCE CLAIMS claim for sewer backup are ongoing. The original storm didn't REPORT prove liability by the City. After that, there were two more Item 7-I-1 backups which may have been caused by sewer blockage. This may be the basis for providing some compensation. Councilmember Sisk asked what the delay was in settling the PENDING CIVIL Forster litigation. LITIGATION Item 7-I-2 Attorney Thomson answered that Mr. Forster just recently provid- ed the appraisal of the property. Regarding the Lyndale Termi- nal litigation, he has drafted a proposed stipulation of facts and believes it could be submitted to a judge without any testi- mony or depositions required. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, that staff draft a letter to Holiday Plus indicating that, in the event there has to be more than one squad at the store because of the traffic they create, they will be billed. Motion carried, five ayes. Councilmember Zitur asked for an up-to-date report on the number of lockouts requesting assistance at the Holiday Plus store. Attorney Thomson stated there are two issues in the lawsuit. One is whether a City can impose hours of operation. If it can, the other issue is whether this property owner is being treated differently than other similar uses. Most of the items the Council is discussing relate to the second issue. He believes they are different and this can be demonstrated. Special Council Meeting April 25, 1988 Page 116 The meeting adjourned at 8:30 p.m. City Clerk CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 12, 1988 TO: Mayor and City Council FROM: James G. Willis, City Manage SUBJECT CITY MANAGER'S PERFORMANCE OBJECTIVES - REVIEW The City Council have previously established "1988 Performance Objectives and Standards for City Manager." A copy of this document is attached. The Council indicated its desire to review my progress with respect to these various performance objectives periodically during the year. These reviews are scheduled to take place in April, September and December. Councilmembers may wish to review the attached copy of my 1988 Performance Objectives and Standards prior to the meeting Monday. JW:kec CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 Rev. February 23, 1988 MEMO DATE: February 8, 1988 for City Council Meeting of February 8, 1988 TO: Mayor & City Council FROM: Councilmembers Sisk and Ricker SUBJECT 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Approved February 22, 1988) These objectives and standards are prepared by the City Council and the CityManagerasameanstomeasurehisperformancefromJanuarythrough December 31, 1988. The objectives and standards include specific measurements which will be used to evaluate performance incentives for 1988. Prior to the end of April, September, and December, the City Council will meet with the City Manager to review his progress in meeting the objective (quality and timeliness) and subjective (quality and Judgement) components of the objectives and standards. The components below will define "meets expectations" for each objective and standard. 1. The City Manager shalt ensure the appropriate and timely completion of the following projects: A. Water Treatment Plant - Assure that the new water treatment plant is completed and in operation by June 15, 1988, or such later date as the Council may establish. B. Parkers Lake Pavilion - Assure that the Parkers Lake pavilion construction is completed on time and within the Council approved project budget. The construction schedule will be established by the City Council at the time bids are awarded. Zils E a. -a. -.l 30 JSo co ait A. ),s C. Flre Station No. 3 and Modifications to Fire Station No. 1 - Assure that the construction of Fire Station No. 3 and the modifications to Fire Station No. 1 are completed in a timely fashion and within the Council approved budget. The timetable for each of these projects will be established at the time bids are awarded. D. St. Mary's Neighborhood Park - Assure that the construction of the St. Mary's neighborhood park is completed in a timely fashion and within the Councii appr;:•ved budget. The timetable will established for this project when the bids are awarded. 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 23, 1988 February 8, 1988 Page two E. Capital Improvement Program - Assure that the 1988 Capital Improvement Program projects are undertaken and completed in a timely and effective manner. The timetable for specific projects will be established by the City Council at the time bids are awarded. The City Manager shall provide the Council with monthly status reports on each of the foregoing projects. II. The City Manager will represent and communicate the City's position on matters concerning Plymouth to our State legislators, the Metropolitan Council and Hennepin County. During the State legislative session, the Council deems it important that the City Manager participate actively in matters of concern to the City and represent the position of the City before appropriate legislative committees. He shall also actively participate and repre- sent the City's position in the League of Minnesota Cities, the Association of Metropolitan Municipalities and the Municipal Legislative Commission. The City Manager shall provide the Council with a monthly status report indicating substantive changes in the following areas of particular concern to the Council: A. State legislative funding and/or tax policies affecting local government aid (LGA), property tax structure and homestead credit. B. Environmental matters related to solid waste transfer facilities and source separation of recyclables. C. Revisions to metropolitan system plans which might adverselyaffectPlymouth's interest. IT I. Continue to monitor the maintenance program 4ctablished to protect and preserve the City's investments in all fixed assets and maximize the efficient use of such assets. A. Infrastructure Replacement - The Council has indicated its intent to develop and undertake a comprehensive and city-wide pavement resurfacing program. The Council has also established an infrastructure replacement reserve fund for the purpose of assisting in financing of street resurfacing and/or replacement. The City Manager shall be responsible to develop a report for 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 23, 1988 February 8, 1988 Page three review by the Council's Special Assessment Committee, and ultimately adoption by the City Council, which will establish the Council's policy on the long range funding of infrastructure replacement. This report shall be submitted to the Special Assessment Committee not later than April 15, 1988. Following adoption of a policy by the City Council the City Manager shall be responsible for implementing the program in accordance with specific Council direction. 1. Present the City's infrastructure replacement program to those owners of the properties involved in an effort to obtain a favorable public opinion of the proposed program during the second quarter of 1988. 2. Establish a calendar for the introduction and promotion for the construction of a community center prior to the adoption of the 1989-93 capital improvements program. B. Periodically inspect City facilities so as to reduce the likelihood of accidents resulting from unsafe conditions. Ensure that timely repairs are made when defects are noted. C. Provide the Council with a Risk Management report prior to the end of February highlighting the City's previous year's loss management experience. This report should also make recommendations for possible improvement in the risk management program. IV. COMMUNITY DEVELOPMENT The City Manager shall maintain sensitivity to public relations and take appropriate actions whenever required to establish, redirect or redefine City policies or programs to ensure the rnntinuation of cooperation, confidence and respect of Plymouth residents and the business community. A. Interface With Homeowners. The Building Inspection Division is increasingly ca ed upon to provide advice and assistance to homeowners seeking information regarding construction procedures, design criteria, and code requirements for building modifications and additions. These contacts create a significant demand upon available time of personnel within the division and especially upon, non-technical personnel in the office since technical staff are often in the field. Reasonable assistance to citizens is deemed to be a service to be provided, and it will be within the capabilities of available resources. 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 23, 1988 February 8, 1988 Page four B. Developer Interface. The City staff is expected to work efficiently and cooperatively with all persons seeking to develop in Plymouth. The Development Review Committee (DRC) has been established to coordinate the various city departments as the main interface with developers. The Planning Division shall inform all developers of city development requirements and status of applications, and shall process applications in an expeditious manner. zlifl, 'l2-r C. Permit Issuance Standards. The Building Inspection Division shall establish reasonable time standards for review and processing of permit applications, plans and subsequent issuance of permits and periodic inspections. Those standards shall account for all required duties such as enforcement of the erosion control policy and State Building Code requirements. They shall be submitted to the Council by April 4, 1988. J)y D. Fence Permit System. The Council has determined to establish a fence permit system as a means of insuring that residents understand fence requirements. The Council expects that this new permit system will be fully implemented by May 9, 1988. V. SOLID WASTE RECYCLING Hennepin County has established solid waste reduction goals for Plymouth. The Council has determined that a voluntary recycling program, with appropriate publicity and promotion, will enjoy the greatest public support. The City Manager should be responsible to insure that program meets or exceeds the goals established by Hennepin County, with particular emphasis on developinq greater homeowner participation. VI. COST EFFECTIVENESS The City Manager is responsible for creating an organizational environment in which employees seek to balance quality services with economy. Department managers shall continually seek economy throughout the areas of their responsibility. The employee suggestion program shall be emphasized. The City Manager shall periodically report on specific areas where cost savings have been identified, implemented and any results. 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 23, 1988 February 8, 1988 Page five CONCI IISTnNS The City Council will evaluate performance for each objective as "exceeds expectation", "meets expectation", or "does not meet expectation." For total performance to qualify for "exceeds expectation": No objective or standard will be evaluated as "does not meet expectation." At least two-thirds of the objectives and standards will be evaluated as exceeds expectation." For total performance to qualify for "meets expectation": Less than one-third of the objectives and standards will be evaluated as does not meet expectation." At least one-fourth of the objectives and standards will be evaluated as exceeds expectation." An overall rating of "exceeds expectation" will result in an award of 100% of the 1988 performance incentive of $5,000. An overall rating of "meets expectation" will result in an award of less than 100% of the 1988 performance incentive, the amount to be determined by the percentage of individual standards which are rated as meeting standards. An overall rating of "does not meet expectation" will result in no award of the 1988 performance incentive. The Council will meet in April, September and December with the City Manager to review, discuss and evaluate the forPgninq progres- being made with each objective and standards. Councilmembers will individually rate the Manager's performance on each item requiring rating during the preceding period. The scheduled evaluations will be accumulated and combined with the final review to be completed prior to the end of December. The accumulative evaluation will then determine the Council's evaluation of the Manaqer's performance for 1988. ` 1988 PERFORMANCE OBJECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 23, 1988 February 8, 1988 Page six The following table illustrates the rating for each of the six objectives above: Maximum Schneider Vasiliou Sisk Zitur Ricker Average Performance Award I. 20 20 25 20 15 20 1,000 II. 14 10 25 15 20 16.8 840 III. 14 14 15 15 30 17.6 880 IV. 25 25 10 25 10 19 950 V. 7 7 15 5 15 9.4 470 VI. 20 20 10 20 10 17.2 860 5,000 OW:kec 1 DATE: TO: FROM: SUBJECT CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO April 27, 1988 for City Council Meeting May 2, 1988 James G. Willis, City Manager 1 Blair Tremere, Community Development Director RICHARD NESLUND. SITE PLAN (87082) ACTION REQUESTED: Approve the attached Resolution for the Site Plan Amendment for Richard Neslund to allow a building addition at 1113 Vicksburg Lane. BACKGROUND: The Planning Commission reviewed the application at the meeting on April 13, 1988, and recommended approval by unanimous vote. The building contained industrial uses which are non -conforming to the current com- mercial guiding and zoning. The Zoning Ordinance does not allow expansion or enlarge- ment of non -conforming uses or structures containing non -conforming uses. The petitioner has proposed an approach to this situation which resulted after numerous discussions with us. Specifically, the petitioner would agree to eliminate the non- conforming uses by a date certain and would accept the necessary legal and financial requirements as a condition of this Site Plan Amendment approval. PRIMARY ISSUES AND ANALYSIS: The City Attorney and I have discussed this with Mr. Neslund and we established terms to which Mr. Neslund has agreed. A covenant would be placed on the property which would signify a formal agreement with the City which would be re-inforced with a financial guarantee. These would be put in place before the issuance of any building permits and would be designed to assure the elimination of the non -conforming uses from the building and from the site within three years of the date of the agreement. The City Attorney finds this to be an acceptable approach and we find it to be within the intent of the Ordinance. The petitioner has indicated that a financial guarantee would be provided and that the amount of $4,000.00 would be appropriate. We do not concur with the amount; the City Council should confirm the amount that we are recommending in the draft Resolution, 10,000.00. This amount was reached on the basis of reasonable charges for the pos- sible litigation that might be required three years hence if in fact the non -conforming uses were still in place and the necessary legal steps had not been taken to terminate leases and to remove the uses. Page two Memorandum to City Manager City Council Meeting May 2, 1988 April 27, 1988 The financial guarantee, in other words, should be significant enough to serve as an incentive to accomplish the necessary work, but also should be of an amount which would cover required legal action. RECOMMENDATIONS AND CONCLUSIONS: I recommend approval of this action which should result in an improved development, from an aesthetic perspective and from the standpoint of eliminating non -conforming uses. The City .Attorney is aware of the direction provided in the Resolution and will be prepared to address any questions regarding the terms of the agreement including the financial guarantee. _\ 1 Signed: Blair Tremere,- ector Community Development Attachments 1. Draft Resolution Approving Site Plan 2. April 13, 1988 Planning Commission Minutes 1 4 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 SITE PLAN AMENDMENT FOR RICHARD NESLUND FOR VICKSBURG PLAZA (87082) WHEREAS, Richard Neslund has requested approval of a Site Plan Amendment for Vicksburg Plaza building additions located at 1113 and 1123 Vicksburg Lane (87082) WHEREAS, the Planning Commission has reviewed said request and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Richard Neslund for a Site Plan Amendment for Vicksburg Plaza building additions located at 1113 and 1123 Vicksburg Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedication Policy in effect at the time of Building Permit issuance. 3. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 4. Any signage shall be in compliance with the Ordinance. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. Compliance with the Ordinance regarding the location of fire hydrants and fire lanes. 7. All waste and waste containers shall be stored within the enclosure, and no out- side storage is permitted. All existing outside storage not allowed by Conditional Use Permit shall be eliminated prior to issuance of Building Permits. 8. An 8 1/2 x 11 inch "As -Built" Fire Protection Plan shall be submitted prior to the release or reduction of any site improvement bonds per City Policy. PLEASE SEE PAGE TWO Page two Resolution No. 88- 9. Appropriate legal documents, including an agreement and a covenant to be placed on this property, as approved by the City Attorney, shall be executed and recorded as assurance that the property and building will be fully conforming with the allowable use provisions of the Plymouth Zoning Ordinance within three years of the date the agreement is executed. The agreement shall be executed and the covenant shall be filed prior to issuance of any Building Permits. The financial guarantee, in the amount of $10,000.00, shall be posted to secure the terms of the agreement; the amount represents a reasonable sum that might be needed to undertake the necessary legal process to enforce the agreement. 10. The unauthorized outside storage on this property shall be removed. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 90 Planning Commission Minutes April 13, 1988 Chairman Pauba introduced the request by John DeVries for a Land Use Guide Plan Amendment. The Commission deferred their action on t item, following the Public Hearing on M ch 23, 1988, pending the City's initiatio of a Land Use Guide Plan Amendment for that and between existing and future Schmidt Lake ad. MOTION by Commissionerrofsky, seconded by Commissioner Tierney, to eco m] approval of request by John DeVri for a Land Use Guide Plan Amendment, bject to the conditions as listed in the arch 11, 1988 Staff Report, deleting Conditi No. 3. MOTION by Commissioner Wire, s onded by Commissioner Zylla to amend the Ma' Motion by deleting Condition No. 4. Vote. 5 Nays. Commissioners Wire and la aye. Motion failed. Vote on Main Motion. 7 Ayes. MOTI carried. Chairman Pauba called for a MOTION to defer the Bradley Hoyt, Plymouth Partners, Revised Site Plan and Conditional Use Permit, as no one was present to represent the petition. MOTION by Commissioner Marofsky, seconded by Commissioner Wire to Table the request by Bradley Hoyt, Plymouth Partners, for a Revised Site Plan and Conditional Use Permit until the meeting of April 27, 1988. Vote. 7 Ayes. MOTION carried. Chairman Pauba introduced the request by Richard Neslund for Site Plan approval for a building addition. Reading of the March 29, 1988 Staff Report was waived. Chairman Pauba introduced Mr. Greg Frank, McCombs, Frank, Roos, and Mr. Ray Carlson, representing the petitioner. Mr. Frank explained the lease commitments that make it necessary to have three years to eliminate the nonconforming uses and that the petitioner agrees to the agreement and financial guarantees as discussed in the JOHN DEVRIES LAND USE GUIDE PLAN AMENDMENT 88010) MOTION TO APPROVE MOTION TO AMEND MOTION TO AMEND FAILED VOTE - MOTION CARRIED ON TO TABLE VOTE - MOTION CARRIED RICHARD NESLUND, VICKSBURG PLAZA STIE PLAN (87082) Page 91 Planning Commission Minutes April 13, 1988 staff report. Commissioner Marofsky inquired about the outside storage on this site; is it authorized; and, if not, will this be removed. Director Tremere stated that the condition of approval states there will be no outside storage and unauthorized outside storage of material will cease. MOTION by Commissioner Plufka, seconded by Commissioner Stulberg to recommend approval for the Site Plan for Richard Neslund, subject to the 9 conditions listed in the March 29, 1988 Staff Report, adding Condition No. 10: Approval is subject to the removal of the unauthorized outside storage of materials. Vote. 7 Ayes. MOTION carried. MOTION TO APPROVE VOTE - MOTION CARRIED City Man\ he m Willis reviewed proposed MANAGER REPORT amendmenthe tax increment finance program City. He explained significending legislation and the reason fments to the City program. He also exp al ed the purpose of the Fconomic Develop nt Districts that is required by law a how they related to private development nd expected public projects. Ike requested Commission en rsement of the proposed changes and he ans ed questions from the Commissioners about t use of tax increment financing. MOTION by Commissioner Plufka, seco ed by Commissioner Stulberg to endorse th tax increment financing program revision as presented by the City Manager. Vote. 7 Ayes. MOTION carried. Director Tremere reviewed the draft policy on site aesthetics and architectural controls. He stated that the policy was based on the report of the task force and the earlier Planning Commission endorsement. The City Council requested final review by the Planning Commission before adoption. MOTION TO APPROVE VOTE - MOTION CARRIED CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 27, 1988 for City Council Meeting May 2, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT JOHN DEVRIES. LAND USE GUIDE PLAN AMENDMENT (88010) ACTION REOUESTED: Approve the Land Use Guide Plan Amendment for Sohn DeVries to reclassify property from IP (planned industrial) to LA -2 low medium density residential). The property is located west of Schmidt Lake Road and Saratoga Lane. A 4/5 vote is required for Land Use Guide Plan Amendments. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on March 23, 1988 and moved to defer their recommendation pending the City's initiation of a Land Use Guide Plan Amendment for that land between the future right-of-way of Schmidt Lake Road and this site. The City's petition is on this agenda. The Planning Commission reviewed the application at the meeting on April 13, 1988, and recommended approval by unanimous vote. PRIMARY ISSUES AND ANALYSIS: The proposed guiding is appropriate for this area; the petitioner demonstrated that industrial use of that land which could even be developed is not conducive to preserva- tion of the natural features. The proposal is only for requiding and does not assume approval of any specific plat layout or street construction. These matters will be reviewed in more detail and will be subject to further public hearings when the petitioner or other developers are ready to proceed. I note this, because a number of the newer residents in the area were concerned about the impact development would have on the natural amenities. RECOMMENDATIONS AND CONCLUSIONS: Approval is recommended for this item and for the companion reguiding initiated by the City. I deleted a paragraph from the draft Resolution as recommended by the Planning Commission it was a paragraph established some time ago for reguiding approval; it established a date by which a Development Contract would be executed and a Building Page two Memorandum to City Manager City Council Meeting May 2, 1989 April 27, 1988 Permit would be issued. If the deadline was not met, the Resolution would be void and the requiding would not take place. I feel that that condition is unnecessary in this case because the proposed reguiding is appropriate for the area and represents a significant housekeeping action whereby, in combination with the City's petition, the guiding will be clarified with respect to its proper boundary. Whether this petitioner or anyone else develops the land, the appropriate guiding is LA -2 and the appropriate boundary is future Schmidt Lake Road. Signed: Blair Tremere, Director Community Developmewnt At.tarhmPntc. 1. Draft Resolution Approvinq Land Use Guide Plan Amendment 2. April 13, 1988 Planning Commission Minutes I Pursuant to due call and notice City of Plymouth, Minnesota, was following members were present:_ CITY OF PLYMOUTH thereof, a meeting of the City Council of the held on the day of , 19 The The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING LAND USE GUIDE PLAN AMENDMENT FOR JOHN DEVRIES (88010) WHEREAS, the John DeVries has requested approval for a Land Use Guide Plan Amendment to reclassify land from IP (planned industrial) to LA -2 (low medium density residential) located west of Schmidt Lake Road and Saratoga Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Land Use Guide Plan Amendment for John DeVries for the reclassification of land from IP (planned industrial) to LA -2 (low medium density residential) located west of Schmidt Lake Road and Saratoga Lane, subject to the following conditions: 1. Approval of the Land Use Guide Plan Amendment to reclassify land guided IP planned industrial) to LA -2 (low medium density residential) is on the basis that the Comprehensive Plan Criteria are satisfied as to this being the highest and best use of this land. 2. Approval of the Land Use Guide Plan Amendment is contingent upon and subject to the required review and response by the Metropolitan Council, and the Final Site Plan which shall be approved by the City Council prior to finalization of the amendment. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 90 Planning Commission Minutes April 13, 1988 Chairman Pauba introduced the request by JOHN DEVRIES LAND USE John DeVries for a Land Use Guide Plan GUIDE PLAN AMENDMENT Amendment. The Commission deferred their (88010) action on this item, following the Public Dearing on March 23, 1988, pending the City's initiation of a Land Use Guide Plan Amendment for that land between existing and future Schmidt Lake Road. MOTION by Commissioner Marofsky, seconded by MOTION TO APPROVE Commissioner Tierney, to recommend approval of request by John DeVries for a Land Use Guide Plan Amendment, subject to the conditions as listed in the March 11, 1988 Staff Report, deleting Condition No. 3. MOTION by Commissioner Wire, seconded by MOTION TO AMEND Commissioner Zylla to amend the Main Motion by deleting Condition No. 4. Vote. 5 Nays. Commissioners Wire and Zylla MOTION TO AMEND FAILED aye. Motion failed. Vote on Main Motion. 7 Ayes. MOTION VOTE - MOTION CARRIED carried. Chaim Pauba ca ed for a MOTION to defer the Bradley Hoyt, mouth Partners, Revised Site Plan and Conditi al Use Permit, as no one was present to repre t the petition. MOTION by Commissioner Marofs seconded by MOTION TO TABLE Commissioner Wire to Table th equest by Bradley Hoyt, Plymouth Partner for a Revised Site Plan and Conditional Us ermit until the meeting of April 27, 1988. Vote. 7 Ayes. MOTION carried. N VOTE - MOTION CARRIED NEW BUSINESS Chairman Pauba introduced the request by XICHARD NESLUND, Richard Neslund for Site Plan approval for a VXKSBURG PLAZA STIE building addition. Reading of the March 29, PLN 7082) 1988 Staff Report was waived. Chairman Pauba introduced Mr. Greg Frank, McCombs, Frank, Roos, and Mr. Ray Carlson, representing the petitioner. Mr. Frank explained the lease commitments that make it necessary to have three years to eliminate the nonconforming uses and that the petitioner agrees to the agreement and financial guarantees as discussed in the k c 7 C, CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 27, 1988 for City Council Meeting May 2, 1988 TO: games G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT CITY OF PLYMOUTH. LAND USE GUIDE PLAN AMENDMENT (88034) ACTION REQUESTED: Approve the Land Use Guide Plan Amendment to reclassify ten acres from LA -1 (low density residential) to LA -2 (low medium density residential). The property is located west of Schmidt Lake Road and Saratoga Lane. A 4/5 vote is required. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on April 13, 1988, and recommended approval by unanimous vote. The petition was initiated following Commission review of a review by John DeVries which is elsewhere on this agenda. PRIMARY ISSUES AND ANALYSIS: This action, in conjunction with the John DeVries petition (88010) establishes the future Schmidt Lake Road as the boundary between the LA -1 and LA -2 guided land. The land involved with this petition was not contemplated by the DeVries application because it was not owned by him or under his control. The City initiated the petition and notified the owners of record as well as the neighboring property owners. RECOMMENDATIONS AND CONCLUSIONS: Approval is recommended in conjunction with the companion Resolution for John DeVries. Attaehmentt 1. Draft Resolution Approving Land Use Guide Plan Amendment 2. April 13, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING LAND USE GUIDE PLAN AMENDMENT FOR THE CITY OF PLYMOUTH (88034) WHEREAS, the City of Plymouth has requested approval for a Land Use Guide Plan Amendment to reclassify ten acres, from LA -1 (low density residential) to LA -2 (low medium density residential), located west of Schmidt Lake Road and Saratoga Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Land Use Guide Plan Amendment for the reclassification of ten acres, from LA -1 (low density residential) to LA -2 (low medium density residential), located west of Schmidt Lake Road and Saratoqa Lane, subject to the following conditions: 1. Approval of the Land Use Guide Plan Amendment to reclassify land guided LA -1 (low density residential) to LA -2 (low medium density residential) is on the basis that the Comprehensive Plan Criteria are satisfied as to this being the highest and best use of this land. 2. Approval of the Land Use Guide Plan Amendment is contingent upon and subject to the required review and response by the Metropolitan Council, and the Final Site Plan which shall be approved by the City Council prior to finalization of the amendment. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. ige 88 Planning Commission Minutes April 13, 1988 failed. MOTION by Commis ' ner Plufka, seconded by Commissioner Wire t Amend the Main Motion that by having Co ition No. 9 (as renumbered) remain as o inia y stated in the March 30, 1988 staff r rt. Roll Call Vote. 7 Ayes. MOTION carried. MOTION by Commissioner Marofsky, seconded by Commissioner Wire to Amend the Main Motion to add Condition No. 10. The lot coverage shall not exceed the ordinance maximum of 20% of the buildable area of each site. Roll Call Vote. 6 Nays. Commissioner Marofsky, Aye. MOTION failed. Roll Call Vote on Main Motion as once Amended. 7 Ayes. MOTION carried. Chairman Pauba introduced Item 5F. The City of Plymouth Land Use Guide Plan Amendment. Director Tremere recommended that Items 5F and 7A be combined. Chairman Pauba opened the Public Hearing. Mr. Julius Berexousky, 10535 39th Avenue North urged the Commission to rezone the area to residential, rather than leaving it as commercial. Mr. Mary Glemming, 4900 Yorktown Lane thanked the Commission for the job that they do. Mr. Glemming expressed concern that they were not being kept up-to-date on the proposal. Mr. Glemming is not opposed to industrial zoning, but is concerned about the road alignment, and would like to see Plymouth's natural beauty preserved. MOTION FAILED MOTION TO AMEND VOTE ON AMENDMENT - MOTION CARRIED MOTION TO AMEND VOTE X AMENDMENT - MOTION XAILED VOTE ON MAIN MOTION AS ONCE AMENDED, MOTION CARRIES CITY OF PLYMOUTH, LAND USE GUIDE PLAN AMENDMENT TO RECLASSIFY FROM LA 1 TO LA -2 (88034) Page 89 Planning Commission Minutes April 13, 1988 Chairman Pauba stated that LA -2 was the best use for the land and felt this would be a nice development. Commissioner Plufka agreed that it was important to save the wetlands. Private property owners have the right to develop their land and it is not feasible for the City to acquire all their property. Mr. Paul Iten, 10540 49th Avenue North stated that he was in favor of the change from industrial to residential. He does not want to look at warehouses and see warehouse lights at night. Mr. Thomas Stenoien, 10510 49th Avenue North opposes the proposal stating that the proposal to rezone departs from the City's Comprehensive Plan. He is also concerned if this is the highest and best use for the land, and if so, does it heighten the need for the road. Commissioner Marofsky stated that he recalled, in 1979/80, the property was reguided and now the proposal is to change it back to it's original guiding. Commissioner Plufka explained the relationship of the Land Use Guide Plan and the Thoroughfare Plan. Steve Torell, 4900 Valley Forge Lane, stated that he supports the change. His house is located on the hill and he looks down on the industrial area, and would prefer to look at houses. Another resident, Paul, stated support for the change. Chairman Pauba closed the Public Hearing. Motion by Commissioner Plufka, seconded by MOTION TO APPROVE Commissioner Stulberg to approve the Land Use Guide Plan Amendment subject to the conditions listed in the April 1, 1988 Staff Report. Roll Call Vote. 7 Ayes. Motion Carried. VOTE - MOTION CARRIED 0 --- - 6 CITY OF PLYMOUTH ' ID 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 27, 1988 for City Council Meeting May 2, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT WALLY ANDERSON FOR ARADCO. COMPREHENSIVE PLAN AMENDMENTS AND RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) CONCEPT PLAN (88015) ACTION REQUESTED: The petitioner seeks approval of the Comprehensive Plan Amendments for both the Sanitary Sewer Element and Staged Growth Element to allow for the proposed residential development of 51 acres, a portion of which is within the Post -1990 Urban Service Area. He also seeks approval of a Planned Unit Development Concept Plan for 93 single family detached, 148 attached multi -family residential units, and a public park on property located east of 42nd Avenue North and Fernbrook Lane. The Planning Commission reviewed the applications at the Public Hearing held on April 13, 1988 and, while recommending approval of the Comprehensive Plan Amendments by unanimous vote, recommended denial of the Planned Unit Development Concept Plan by unanimous vote. Amendment of the Comprehensive Plan requires a 4/5 vote. A Resolution approving the request is also attached, per Council direction. BACKGROUND: The Commission dealt with the two requests separately and they are presented to the Council in the same fashion. First, the amendments to the Comprehensive Plan, was specified to be a recommendation for approval on its own merits and not to be tied with the specific RPUD Concept Plan submitted by the petitioner. The Commission recommended denial of the RPUD Concept Plan for the reasons cited in the draft Resolution. The petitioner's representative sought action other than deferral of the request and thus, the Commission has recommended denial. PRIMARY ISSUES AND ANALYSIS: The Commission agrees with the transfer of sewer districts and the modification of the Staged Growth Plan. The RPUD Concept Plan, however, does not adquately represent how the design was responsive to the Ordinance PUD Attributes. Page two Memorandum to City Manager City Council Meeting May 2, 1988 April 27, 1988 A related concern was that the Concept Plan did not adequately account for the future possible uses of land which this petitioner has been unable to acquire or option; thus, the Commission's concern is that no development should be approvewd until that matter can be accomodated, at least on a plan. Whereas the petitioner indicated all neighbor- ing property owners had been contacted, particularly as to the inclusion of their property in this PUD, a number of the neighboring property owners indicated they had not been contacted. The main concern is that, compared with a conventional plat, this proposal did not represent to the Commission a better development. It is perhaps significant that, under the conventional zoning, R-3, detached single family homes would not be allowed. That style of housing is only achievable by virtue of a PUD in the LA -3 and LA -4 areas. The matter of density was not clear either because the petitioner proposed to include the property owned by Northwestern Bell Telephone Company and included for purposes of calculating bonus points (development size). While there may be merit in including the property, the Commission did not find it appropriate to include this area for purposes of calculating residential density. RECOMMENDATIONS AND CONCLUSIONS: I recommend the Council carefully consider the Planning Commission's recommendation for denial and determine whether the reasons cited can be translated into directions for re -design and further consideration. The Commission findings are sound and the development area could be re -designed. Inclusion of the exception parcel should be strongly encouraged; at least, the concept plan could be better responsive to realistic future uses consistent with the zoning the guiding. The Council can elect to defer action on the Comprehensive Plan Amendment request if the Council decides that is the appropriate action to take on the Concept Plan. The Commission was attempting to separate the issues and not to commit themselves or the Council to approving the Concept Plan. If the Council elects to deny the proposal, I recommend that the request to change the Comprehensive Plan be denied as well, and not left in suspense. A Resolution approving the RPUD Concept Plan has been attached consistent with City Council direction regarding applications which have a denial recommendation or split vote. It is my conclusion that the concern could be that denial is not a necessary action unless tion would be unacceptable. Attachments addressed by deferral and re -design and the petitioner indicates that the direc- 1. Draft Resolution Approving Comprehensive Plan Amendments 2. Draft Resolution Denying Planned Unit Development Concept Plan 3. Draft Resolution Approving Planned Unit Development Concept Plan 4. April 13, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The followinq members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - DENYING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR WALLY ANDERSON, ARADCO 88015) WHEREAS, Wally Anderson, ARADCO, has requested approval of a Residential Planned Unit Development Concept Plan for the development of 93 single family detached and 148 units of multi -family attached dwelling units on approximately 51 acres located east of 42nd Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing and recommends denial; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does deny the Residential Planned Unit Development Concept Plan for Wally Anderson, ARADCO, for a development to be known as Emerald Green consisting of 93 single family detached and 148 multi -family attached dwelling units on approximately 51 acres located east of 42nd Avenue North and Fernbrook Lane, based on the following: 1. The Planned Unit Development Attributes have not been satisfied, particularly noting the lack of effective useable open area. 2. The land area used for bonus point calculations is inappropriate in that it includes the Northwestern Bell Telephone site which contains a non-residential use. 3. The Concept Plan does not adequately address the adjacent land which are exceptions to the development; the concept plan includes two-family dwellings which are not allowable uses in areas guided LA -3 and zoned R-3, except as part of a Planned Unit Development. 4. The amount of single family detached dwellings is not appropriate considering the guiding and the natural features which otherwise could be preserved and designed as common open space. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING COMPREHENSIVE PLAN AMENDMENTS FOR WALLY ANDERSON, ARADCO (88015) WHEREAS, Wally Anderson, ARADCO, has requested approval of an amendment to the Sanitary Sewer Plan and Staged Growth Plan Elements of the City's Comprehensive Plan for approximately 30 acres located east of 42nd Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has considered the request following a duly scheduled public hearing and has recommended approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the amendment to the Sanitary Sewer Plan and to the Staged Growth Plan Elements of the City's Comprehensive Plan for approxi- mately 30 acres located east of 42nd Avenue North and Fernbrook Lane, subject to the following: 1. The amendment to the Sewer Element is to redirect flow from a portion of NC -11 to NW -8. 2. The amendment to the Staged Growth Element is to urbanize that land that can be served by gravity sewer via existing trunks. FURTHER, Approval of the Comprehensive Plan Amendment is contingent upon, and subject to the required review and response by the Metropolitan Council and a Final Plat/Plan which shall be approved by the City Council prior to finalization of the Amendment. FURTHER, this action is not an endorsement or approval of the Concept Plan submitted by the petitioner. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING RESIDENTIAL PLANNED UNIT DEVELOPMENT CONCEPT PLAN FOR WALLY ANDERSON, ARADCO 88015) WHEREAS, Wally Anderson, ARADCO, has requested approval of a Residential Planned Unit Development Concept Plan for the development of 93 single family detached and 148 units of multi -family attached dwelling units on approximately 51 acres located east of 42nd Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Informational Hearing; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the Residential Planned Unit Development Concept Plan for Wally Anderson, ARADCO, for a development to be known as Emerald Green consisting of 93 single family detached and 148 multi -family attached dwelling units on approximately 51 acres located east of 42nd Avenue North and Fernbrook Lane, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. Maximum density shall be six units per acre for the land at or above the estab- lished high water elevation per the adopted City Storm Water Drainage Plan as verified by the City Engineer. Density bonus points are assigned as follows: a) +1 Project Size b) +1 Housing Mix 4. Draft restrictive covenants for the private open areas shall be submitted with preliminary plat/plan application. 5. A private trail system to be constructed within the project, providing residents of the PUD with internal access, shall be bituminous and constructed to City standards. It shall be completed prior to certification of occupancy of adjacent or nearest dwellings. PLEASE SEE PAGE TWO Page two Resolution No. 88- 6. No private drive access shall be permitted to Fernbrook Lane and County Road 9; all private drives shall be provided by internal public streets. 7. Approval is contingent upon, and subject to the required review and response by the Metropolitan Council to the proposed Comprehensive Plan Amendments, and the Final Plan/Plat which shall be approved by the City Council prior to finalization of the Amendment. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 77 Planning Commission Minutes April 13, 1988 where additi0 parking would be provided. Director Tremer explained to Mr. Goetsch that there was a an available for added parking, should parka become a problem. Mr. Jay Nelson, 2525 F nbrook Lane (Mr. Goetsch's partner) questio if the entire building would be converted office use. He also inquired when it would decided to add the necessary additiona parking. Commissioner Plufka advised Mr. Ne on that the Conditional Use Permit is the ' iting factor for the 57% office and 43% ware use; and the City would request the additi al parking whenever they were advised that t had become necessary to add parking. Chairman Pauba closed the Public Hearing. The petitioner was still not present. MOTION was made by Chairman Pauba, seconded TION TO DEFER by Commissioner Marofsky to defer any recommendation until later in the meeting. Roll Call vote_ VOT - MOTION CARRIED Chairman Pauba introduced the request for WALLY ANDERSON, ARADCO Wally Anderson, ARADCO. Director Tremere PLANNED UNIT DEV., presented an overview of the March 31, 1988 CONCEPT PLAN, staff report. COMPREHENSIVE PLAN AMENDMENTS (88015) Chairman Pauba asked Engineer Harrison about the complications involved with switching sewer districts and how this would affect the property to the south. Engineer Harrison stated that the area had been evaluated and the property south of the development would not be impacted. He stated that for the north portion around the park land sanitary sewer would be very costly and this would be a better use for sanitary sewer than from the north. Commissioner Stulberg asked about the Metropolitan Council and the idea of swapping." Director Tremere stated that the idea had been discussed in the past and showed how land inside the service area could be traded for land outside the service area. fie added that it had never been done before; the City was not interested in being a broker. Page 78 Planning Commission Minutes April 13, 1988 Commissioner Plufka asked about the sewer capacity and asked if it would be able to handle the additional sewage. Engineer Harrison indicated that it would. Commissioner Wire asked if it would be possible to switch back to NC -11 when sewer becomes available. Engineer Harrison stated that it would not. Commissioner Marofsky inquired whether the Northwestern Bell site was included in the area. It was confirmed that the site was included. Chairman Pauba introduced the representative for the petitioner, Mr. Greg Frank, of McCombs, Frank, Roos. Mr. Frank noted a deep ravine through the area and the existing pipe which runs along future Berkshire Lane 200 feet south of the area. He stated an advantage to the area is the property to the east is LA -3. There are five property owners in this area that who were asked to participate in this development. Three owners joined and two declined. Mr. Frank stated that the benefit would be getting a planned unit development. Commissioner Marofsky inquired if the Northwestern Bell property was included for the bonus point, based on the total 51 acres. Mr. Frank indicated that bonus point calculation was based on the entire 51 acres, but the Northwestern Bell site was not used to calculate density.. Mr. Frank gave an overview of the project plans, stating that the area west of Berkshire would be single family homes and the area east of Berkshire would be multiple family. He stated that the area would be much like "Jamestown". He stated that there would be a trail system to the north and through the middle of the project. There will also be a 12 acre park site. Chairman Pauba opened the Public Hearing. Robert Cronberg, 14114 Rockford Road wanted an explanation of why he was left out. He stated that three property owners were "shut out cold". He indicated that he would like to have his land included. Chairman Pauba Page 79 Planning Commission Minutes April 13, 1988 suggested that Mr. Cronberg get in touch with the developer. Mr. Cronberg indicated that he would do this. Mr. Jerry Fischer, 4630 Fernbrook Lane asked where the City park would be. He stated that the area is heavily wooded and he would like to see it preserved. Mr. Fisher asked if any of the commissioners had ever walked this area and indicated that some of the oak trees were over 220 years old. He indicated that the area was developing too quickly and Plymouth was losing sight of it's natural amenities. He also questioned where Berkshire Lane will go. He was advised it would follow the ravine. Chairman Pauba advised that the Commission had great respect for the natural amenities and wanted to make the most of them. Commissioner Marofsky mentioned the PUD 5th attribute included this. Mr. Fisher also expressed concern for the added traffic to the area. He indicated that it is already dangerous. Engineer Harrison indicated that a semaphore is scheduled for County Road 9 and Fernbrook Lane sometime this year, possibly this summer. Mr. Gerald McGee, 24 Dell Place, represented Mr. Kevin Begin, who was out of the country and could not attend the meeting. Mr. Begin was opposed to the sewer amendment and the density. He was concerned about the drainage and stated he had not been contacted by anyone. Commissioner Plufka asked why he objected to the sewer and Mr. McGee indicated that Mr. Begin stated that he would not be served. Mr. McGee was advised that Mr. Begin's property would be served from NW -8. Engineer Harrison added that this would be brought to Begin's property from the east. Mr. Nick Stocking, 14415 43rd Avenue North expressed concern regarding the traffic in the area, stating Fernbrook Lane is becoming very dangerous and congested. Mr.. Dan Begin, 15335 67th Avenue North, stated that he is a real estate agent and has 3.75 acres for sale in this area. He stated that he had not been contacted by Mr. Page 80 Planning Commission Minutes April 13, 1988 Anderson, even though he is hearing tonight that Mr. Anderson had contacted all property owners in the area. Mr. Begin inquired if switching from NC -11 to NW -8 would be able to handle everything. Mr. Begin also inquired as to the design of the homes in the development. He reiterated Kevin Begin's concerns regarding the drainage problem and being included in the sewer availability. Mr. Dan Begin expressed that he felt there was a better alternative than the proposal being discussed tonight. Public Works Director Fred Moore explained the sewer availability in the area and how it would work and assured Mr. Begin that they would be included. Commissioner Plufka explained to Mr. Begin the purpose of tonight's hearing. Chairman Pauba closed the public hearing. Mr. Frank answered questions regarding staging and the design of the development. He advised that a representative for ARADCO had contacted all of the neighbors, including Mr. Begin. Commissioner Marofsky questioned outlots D&E and was advised by Mr. Frank that reference to these two lots had been accidentally reversed in the narrative, outlot D is the drainage and outlot E is to be a tot lot. Commissioner Marofsky also inquired about the snowmobile trail adjacent to I-494. Director Tremere advised that there is a trail and also a power line easement. Motion by Commissioner Plufka, seconded by Commissioner Stulberg to recommend approval of the Comprehensive Plan Amendments to the Sanitary Sewer Element, eliminating item 1 and renumbering items 2 and 3. Further, the approval is conditioned upon approval of the RPUD Concept Plan. Commissioner Wire inquired if a precedence was being set in this matter. Commissioner Plufka indicated that a precedence was not being set. Roll Call Vote. 7 Ayes. Motion Carried. MOTION TO APPROVE VOTE - MOTION CARRIED page 81 Planning Commission Minutes April 13, 1988 Motion by Commissioner Marofsky seconded by Commissioner Wire to recomment denial of the concept plan based on the following: 1) lack of effective open area, 2) the land area used for bonus point calculations is inappropriate in that it includes the Northwestern Bell site, 3) the plan shows a concept for adjacent land that includes doubles, which are not allowed in LA -3/R-3 districts, except as part of a PUD and, 4) the extensive amount of single family detatched dwellings is not appropriate for this development given the guiding. Commissioner Zylla indicated that he was concerned with all of the "stub streets", that do not cul-de-sac. Commissioner Plufka advised that these were for cluster housing, and were like private drives. Commissioner Zylla suggested more land be incorporated in this development and stated that he prefers the single family detached dwellings notwithstanding the LA -3 guiding. Commissioner Plufka stated it makes sense to consolidate and incorporate more land to accomplish a more innovative design. However, this developer has done the best with what he has. Roll Call Vote. 7 Ayes. Motion carried. Lne request Dy Ihor Panchenko, r a Super 8 Motel. Director Tremere pr ented an overview of the March 31, 1988 Sta Report. Commissioner Marofsky inqu ed about the Engineer's statement regardin the parking stalls. He was advised that th four items were discussed in the April 7 gineer's Memorandum. Commissioner Zylla expressed concern out the appearance of the building due to s high visibility and parking area desig Ihor Panchenko, the petitioner, said the owner of the property and his consultant, Sherm Goldberg, believe that the minimum requirements have been met; and, that the parking area does work. The cost of extending Annapolis Lane past the property MOTION TO DENY VOTE - MOTION CARRIED IHOR PANCHENKO, PRELIMINARY PLAT, FINAL PLAT, SITE PLAN, CONDITIONAL USE PERMIT AND VARIANCE FOR SUPER 8 MOTEL APR TrCITYC; Tremere DEPT. Blair f'; COMMUNTY DEVE jc'lMr. 1 LON City of PlymoUth d. Plymouth Blv 3400 Plymouth, Mn. 55447 Mr. Blair Tremere: rticipation of Mr. Kevin There appears to be questions as to the pa in the PUD and Plat - Begin, Mr. Larry Begin and Mrs. Hazel Meyers ting of the to the Northwest of the intersection Of Co. Begin 9 and FernbrOOR Lane. on behalf of Mr. Wally Mr. Kevin Begin was approached, by myself second week Of May, 1987' Anderson of Aradco, Inc-, during the seco n him being in- ersation, by telephone, resulted i Our initial conversation, but trading it in return for a terested in not selling his land, details of his blueprint, That house built according to the of the plans from new home and obtained a copy construct - same week I went to his builders price the cost of the new c I his wife. I had two n $160,0 00.00 and $170,000-00 plus lot. ion and both were between informed his that the cost would be tooland. called Mr. Kevin Begin and base of his if be would negotiate on the purc t, in fact, high and asked would not chande his price and that, He informed me that he another developer that appeared to agree with he was working with ano Mr. Kevin Begin if we could discuss his terms of purchase. I asked in the PUD and platting with Mr. Wally the possibility of his joining was only interested in trading his Anderson and was told that he property for a new house. myself on behalf Of Mr- Wally Begin was approached, by myse 1987. Mr. Larry Beg first week of June, Anderson of Aradco, Inc., during the , was for the purchase of his conversation, by telephone n selling his Our initial c d me that he was not interested i junk property. He informed . other property 01 which to store his land because be had n oin in the platting f he would be willing to i cars. I asked him I He said he was possibly interested, but and PUD with Mr. Anderson. it with his attorney. He said he would would first have to discuss Larry Begin the following weekIcalledMr. call me in a few days. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 J DATE: April 27, 1988 for City Council Meeting May 2, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT RICHARD FYOCK, GENERAL MANAGER. CONDITIONAL USE PERMIT AMENDMENT FOR FITNESS CENTER AT PRUDENTIAL-SCANTICON CONFERENCE CENTER (88020) ACTION REQUESTED: Approve Conditional Use Permit Amendment for fitness center in the Scant icon -Minneapolis Conference Center to allow an expanded membership for people employed within the planned industrial districts, City-wide. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on April 13, 1988, and recommended approval by unanimous vote. A+ -f nhmontc 1. Draft Resolution Approving Conditional Use Permit Amendment 2. April 13, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR RICHARD FYOCK, PRUDENTIAL SCANTICON CONFERENCE CENTER FOR SCANTICON-MINNEAPOLIS FITNESS CENTER (88017) WHEREAS, Richard Fyock, Prudential Scanticon Conference Center, has requested a Conditional Use Permit Amendment for the Scanticon-Minneapolis Fitness Center at 3131 Campus Drive, to allow extended memberships for people employed within the Industrial District, City-wide; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Richard Fyock, Pruden- tial Scanticon Conference Center, for a Conditional Use Permit Amendment for the Scanticon-Minneapolis Fitness Center, 3131 Campus Drive, to allow extended memberships for people employed within the I-1 (planned industrial) District, City-wide, subject to the following conditions: 1. The permit is subject to all applicable codes, regulations and Ordinances, and violation thereof shall be grounds for revocation. 2. The permit is issued to the Scanticon-Minneapolis as operator of the facility and shall not be transferable. 3. The site shall be maintained in a sanitary manner. 4. Any signage shall conform with the City Ordinance standards. 5. The permit shall be reviewed in one year to assure compliance with the conditions. 6. A copy of the club's membership shall be provided to the City on an annual basis, listing the member's place of employment. 7. There shall be a membership cap for 400 members, inclusive of all members who are employed in the Northwest Business Campus. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. t sage 84 Planning Commission Minutes April 13, 1988 Commission Wire agreed that the number of units for \ aow Super 8 Motel should be reduced, to an improved circulation pattern and iminate the variances. Commissioner Tierne said the number of units should not be v wed as a given; the number should be a fun ion of what can be supported by the site. Motion by Commissioner Stulber seconded by Commissioner Marofsky to defer t e Site Plan and Conditional Use Permit wit direction for redesign with particular att tion to on-site circulation, and accessib over- size parking stalls. Commissioner Zylla supported the Motionor deferral. He inquired as to building mot , and that he would visit the motel si located in Eden Prairie. Mr. Panchenko advised that the Super 8 Motel's exteriors are stucco and brick. Roll Call Vote. 6 Ayes. Commissioner Plufka, nay Motion Carried. Commissioner Plufka explained his vote: the plans are so flawed that minor redesign won't solve the problem. Extension of Annapolis Lane is needed. MOTION TO DEFER VOTE - MOTION CARRIED Further discussion continued regarding building size in relation to the site; site identity and access are problematical. Sherm Goldberg pointed out that the Scanticon Conference Center has the same situation -- it can be seen from the freeway but accessed only from internal streets. Chairman Pauba introduced Richard Fyock,a RICHARD FYOCK, representative for Prudential Scanticon, PRUDENTIAL-SCANTICON 3131 Campus Drive. The reading of the March CONFERENCE CENTER. 31, 1988 Staff Report was waived. CONDITIONAL USE PERMIT AMENDMENT TO ALLOW EXTENDED MEMBERSHIP TO Page 85 Planning Commission Minutes April 13, 1988 Commissioner Marofsky inquired about any increase of on -street parking. Mr. Fyock advised Commissioner Marofsky that a traffic study had been conducted and they discovered that the fitness center is mostly used during the early morning and late afternoon hours, which blends well with their business mix. He indicated that the membership cap was 400 members and that on the average, one=third (130 members) are active. Motion by commissioner Commissioner Plufka Conditional Use Permit the conditions listed Staff Report. Roll Call Vote. 7 Ayes. Wire, seconded by to approve the Amendment subject to in the March 30, 1988 Motion Carried. rr-oposal by Sussex Squae Development. Director Tremere gave an over 'ew of the March 30, 1988 staff report. Commissioner Maro y commented that according to the ordi ce, Lot 3 which is 98,400 square feet couldN ve an approximate 20,000 square foot house, ave. Tremere agreed that hypothetically is was true; however, the Zoning Ordinance 'd limit the lot to a single family dwelling. Commissioner Tierney questionedNat3AvenuewouldgoouttoCounty Director Tremere indicated it would but, more likely, out to Highway 10 Avenue North. Chairman Pauba introduced Greg Kopischke, Westwood Planning & Engineering Company, 8525 Edinbrook Crossing,representing the petitioner. Mr. Kopischke discussed the proposal for the roadway and the variance request for Block 1, Lots 1, 2 and 4. He also discussed the removal of the existing house. He stated that they are currently looking for a lot to move this house to. He agreed that the proposed three year time frame was quite long and that they would like to get the house moved as soon as possible. They think it will take longer FITNESS CLUB (88020) MOTION TO APPROVE VOTE - MOTION CARRIED SUSSEX SQUARE DEVELOPMENT COMPANY. PRELIMINARY PLAT AND VARIANCES FOR SHILOH PINES (88025) A. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 27, 1988 for City Council Meeting May 2, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director 17F SUBJECT SUSSEX SQUARE DEVELOPMENT. PRELIMINARY PLAT AND VARIANCES FOR "SHILOH PINES" (88025) ACTION REQUESTED: Approve Preliminary Plat and Variances for Sussex Square Development for "Shiloh Pines", a plat for 11 single family residential lots on property located west of 29th Avenue North and Kimberly Lane. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on April 13, 1988, and recommended approval by unanimous vote. PRIMARY ISSUES AND ANALYSIS: The Planning Commission specifically does not recommend a variance relative to street grade, as mentioned in Item No. 12 of the Engineer's Memorandum. The Planning Commis- sion recommendation is carried forward in Condition No. 1 of the draft Resolution. The petitioner's engineer has suggested to me that this could be "resolved" with the sub- mittal of more detailed drawings at the final plat stage. I have advised him that the matter of any variance from the City Code for new plats should be resolved now. The petitioner seeks permission to retain the existing house despite its major non- conformity, once the plat is filed, for a period that is intended to be "temporary" but is not well defined. We initially recommended that the existing structures be removed or relocated prior to filing the Final Plat. The petitioner objected on the basis that that was not enough time; the Planning Commission left the matter to be resolved at the Council level, subject to input from the City Attorney. Condition No. 9 of the Draft Resolution reflects language that I have developed with the City Attorney; this would allow filing of the plat and even mass grading work in the area. No Building Permit would be issued on any of the lots, however, until the non -conforming structures have been removed. The extension of the public street from the east through this subdivision is consistent with the City's Transportation System and was contemplated when the area to the east and south developed. Some neighboring residents were concerned that the street exten- sion would result in more traffic through the neighborhood and would affect the use of the area by children. Page two Memorandum to City Manager City Council Meeting May 2, 1989 April 27, 1988 RECOMMENDATIONS AND CONCLUSIONS: I recommend approval subject to the conditions listed in the draft Resolution. Signed: Blair Tremere, Director Community Development Attarhmantc 1. Draft Resolution Approving Preliminary Plat and Variances 2. April 13, 1988 Planning Commission Minutes 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 , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING PRELIMINARY PLAT AND VARIANCES FOR NINA WILDMAN, SUSSEX SQUARE DEVELOPMENT FOR SHILOH PINES (88025) WHEREAS, Nina Wildman, Sussex Square Development, has requested approval for a Prelim- inary Plat and Variance for eleven single family lots to be located at the end of 29th Avenue North, south of County Road 24 at 17535 County Road 24; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear- ing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the Preliminary Plat and Variances for Nina Wildman, Sussex Square Development for Shiloh Pines located at the end of 29th Avenue North, south of County Road 24 at 17535 County Road 24, subject to the following conditions: 1. Compliance with the City Enqineer's Memorandum; and, in regard to Item No. 12 of Engineer's Memorandum, no variances are granted or implied with the approval of the Preliminary Plat. 2. Removal of all dead or dyinq trees from the property at the owner's expense. 3. No Building Permits shall be issued until a Contract has been awarded for sewer and water. 4. Payment of park dedication fees -in -lieu of dedication in accordance with the Dedi- cation Policy in effect at the time of filing the Final Plat. 5. Street names shall comply with the City Street Naming System. 6. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 7. No Building Permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 8. Approved variances for lot width for Lots 2 - 5, Block 2. (93 ft. versus 110 ft. for Lots 2, 4, and 5; 100 ft. versus 110 ft. for Lot 3.) 9. An appropriate declaration, as approved by the City Attorney, shall be filed with the County Recorder, indicating that no Building Permit will be issued on any of the lots in this subdivision, until the existing structures on proposed Lot 2 are removed or relocated to eliminate all non -conforming yard dimensions on that lot. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the fo lowing vote in avor thereo The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. Page 85 Planning Commission Minutes April 13, 1988 FITNESS CLUB (88020) Commissioner Marofs inquired about any increase of on -street rking. Mr. Fyock advised Commissioner Maro y that a traffic study had been conducted an hey discovered that the fitness center i mostly used during the early morning and la afternoon hours, which blends well with thea business mix. He indicated that the member p cap was 400 members and that on the av age, one=third (130 members) are active. Motion by Commissioner Wire, seconded by MOTION TO APPROVE Commissioner Plufka to approve the Conditional Use Permit Amendment subject to the conditions listed in the March 30, 1988 Staff Report. Roll Call Vote._ 7 Avec_ Mnt;nn Carried. VOTE - MOTION CARRIED Chairman Pauba introduced the proposal by SUSSEX SQUARE Sussex Square Development. Director Tremere DEVELOPMENT COMPANY. gave an overview of the March 30, 1988 staff PRELIMINARY PLAT AND report. VARIANCES FOR SHILOH PINES (88025) Commissioner Marofsky commented that according to the ordinance, Lot 3 which is 98,400 square feet could have an approximate 20,000 square foot house, Director Tremere agreed that hypothetically this was true; however, the Zoning Ordinance did limit the lot to a single family dwelling. Commissioner Tierney questioned if 29th Avenue would go out to County Road 24? Director Tremere indicated it would go west but, more likely, out to Highway 101 at 30th Avenue North. Chairman Pauba introduced Greg Kopischke, Westwood Planning & Engineering Company, 8525 Edinbrook Crossing,representing the petitioner. Mr. Kopischke discussed the proposal for the roadway and the variance request for Block 1, Lots 1, 2 and 4. He also discussed the removal of the existing house. He stated that they are currently looking for a lot to move this house to. He agreed that the proposed three year time frame was quite long and that they would like to get the house moved as soon as possible. They think it will take longer page 86 Planning Commission Minutes April 13, 1988 than the time to file the plat, however. Chairman Pauba advised that City Council and that the City Attorney could work out an agreement on the timing. Chairman Pauba opened the Public Hearing. Karen Schlitt, 2835 Kimberly Lane expressed her concern for the additional traffic in the area. She stated that there are 30 children in the neighborhood, 22 of which are under 15 years of age. She stated that the children can no longer feel secure when they play in the area. Ms. Schlitt also advised that she and several neighbors have put a lot of money into their homes, as they were told by the developer, Lundgren Brothers, that this area would not be developed. Now, 11 years later it is being proposed for development. She also felt the area would be used as a short cut when the road was put through. Commissioner Marofsky advised that vehicles would travel to highway 101 to exit the development and should relieve traffic in the neighborhood. Commissioner Plufka advised that it would most likely be a shortcut for Ms Schlitt and her neighbors. Mr. Lyle Hughes, 17635 County Road 24 stated that they were assured by the City Council that this area would not be developed. Mr. Hughes also indicated that there is a severe drainage problem in this area. Chairman Pauba advised that the developer would be required to contain drainage on-site. Mrs. Lyle Hughes confirmed her husband's statements. Ms Schlitt inquired why the development was called Shiloh "Ponds" when it backed up to Fairfield?. Mr. Kopischke advised that there was an error in the name, it is Shiloh Pines", not "Ponds." Mr. Tom Kemmetmueller, 17560 28th Avenue North expressed concern for the steep grade and abrupt turn. He also mentioned that the water near the swamp does drain and the house on Lot 3 should be built on floats. Mr. Gus Cadwallader, 2830 Kimberly Lane, Page 87 Planning Commission Minutes April 13, 1988 expressed his concern for the steep grade. He also wanted to know if the Army Corps of Engineers and the Department of Natural Resources have been notified and if they have given approval. Mr. Kopischke answered the questions on grading and stated that they do not intend to fill or grade into the DNR protected wetlands. Chairman Pauba closed the Public Hearing. Motion by Commissioner Stulberg seconded by Commissioner Wire to recommend approval of the preliminary subject to conditions 1-9 as renumbered adding the following to condition No. 9 to read as follows: to The existing 2 shall be eliminate dimensions issuance of Permits for and approved structures on proposed Lot removed or relocated to all non -conforming yard on tht lot prior to the over 250 of the Building this plat and as reviewed by the City Attorney;" Adding the following on Condition No. 1: No variances are granted or implied as related to Item No. 12, maximum street grades. MOTION by Commissioner Marofsky, seconded by Commisioner Zylla to Amend the Main Motion by changing Condition No. 9 (as renumbered) as follows: "The existing structures on proposed Lot 2 shall be removed or relocated to eliminate all non- conforming yard dimensions on that lot at a time determined by the City Council and based on covenants filed with Hennepin County as approved by the City Attorney, prior to issuance of the first Certificate of Occupancy." Commissioner Plufka stated the Commission should not tamper with the language in this condition; and, that this problem could be worked out between City staff and the City Attorney prior to City Council action. Chariman Pauba concurred. Roll Call Vote. 6 Nays. 1 Aye. MOTION VOTE ON AMENDMENT - Page 88 Planning Commission Minutes April 13, 1988 failed. MOTION FAILED MOTION by Commissioner Plufka, seconded by MOTION TO AMEND Commissioner Wire to Amend the Main Motion that by having Condition No. 9 (as renumbered) remain as originally stated in the March 30, 1988 staff report. Roll Call Vote. 7 Ayes. MOTION carried. VOTE ON AMENDMENT - MOTION CARRIED MOTION by Commissioner Marofsky, seconded MOTION TO AMEND by Commissioner Wire to Amend the Main. Motion to add Condition No. 10. The lot coverage shall not exceed the ordinance maximum of 200 of the buildable area of each site. Roll Call Vote. 6 Nays. Commissioner VOTE ON AMENDMENT - Marofsky, Aye. MOTION failed. MOTION FAILED Roll Call Vote on Main Motion as once VOTE ON MAIN MOTION Amended. 7 Ayes. MOTION carried. AS ONCE AMENDED, MOTION CARRIES Chairman Pauba introded Item 5F. The City CITY OF PLYMOUTH, LAND of Plymouth Land Use Gu e Plan Amendment. USE GUIDE PLAN AMENDMENT TO RECLASSIFY FROM LA 1 TO LA -2 (88034) Director Tremere recommended mat Items 5F and 7A be combined. Chairman Pauba opened the Public Hering. Mr. Julius Berexousky, 10535 39thvenue North urged the Commission to rezone the area to residential, rather than leaving t as commercial. Mr. Mary Glemming, 4900 Yorktown Lane thanked the Commission for the job that they do. Mr. Glemming expressed concern that they were not being kept up-to-date on the proposal. Mr. Glemming is not opposed to industrial zoning, but is concerned about the road alignment, and would like to see Plymouth's natural beauty preserved. 6 qG MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 28, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: REQUEST FROM BLH DEVELOPMENT COMPANY REDUCTION IN CURB AND GUTTER ASSESSMENT ON NORTHWEST BOULEVARD BASS LAKE HEIGHTS 4TH ADDITION (85126) At the April 18, 1988, Council meeting the City Council considered the request from Dickman Knutson for a change in the development contract for the Bass Lake Heights 4th Addition. Their requested change was to reduce their responsibility for the concrete curb and gutter on Northwest Boulevard. Attached are the copies of the minutes for that meeting and the staff report presented to the City Council. Dickman Knutson stated to the City Council that he was told by John Sweeney, 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. I have discussed the matter with John Sweeney and he recalls meeting with Mr. Knutson and discussing the development contract in detail. He does not recall any specific conversations about special assessments or stating if the contract was not signed, it would be removed from the agenda. Attached is a letter sent to Mr. Knutson along with the development contract. The letter very clearly states that the development contract would be presented to the City Council on February 9, 1987, if the executed development contract, or a letter of explanation indicating why the contracts are not signed is received by Wednesday afternoon, February 4, 1987. It further states that it would be removed from the agenda and rescheduled if the documents had not been received. Mr. Knutson executed the contract on February 3 and returned it to the City. At the April 18, 1988, Council meeting a motion was made by Councilmember Vasiliou, seconded by Mayor Schneider, to confirm the development contract as originally executed. A substitute motion was then made by Councilmember Zitur, seconded by Councilmember Ricker to table the matter until a response from City staff is received. This motion to table was adopted. It is recommended that the City Council remove this item from the table for further discussion and action. The staff memorandum dated April 14, 1988, contains my recommendation that no change be made in the development contract. Fred G. Moore, P.E. FGM:kh attachments: Minutes Letter Memorandum January 29, 1987 Mr. Dickman Knutson Ultra Homes, Inc. 3030 Harbor Lane Plymouth, Minnesota Dear Mr. Knutson: 55441 CITY OF PLYMOUM Enclosed herewith are two copies of the Development Contract Bass Lake Heights 4th Addit' Please review these documents thoroughly, execute the documents in front of a notary public and return them to City Hall. If for some reason you choose not to sign the development contract, then it will be necessary for you to submit a letter addressed to the City Council specifying the reason or reasons you are unwilling to sign the development contract. This item has been scheduled for the February 9, 1987 meeting of the City Council. However, as we discussed previously, if we have not received the executed contracts or a letter of explanation indicating why the contracts are not signed by Wednesday afternoon, February 4, 1987, this item will be removed from the agenda and rescheduled for final approval after the documents have been received. If you have any questions regarding the procedure set forth in this letter, please feel free to contact me at your convenience. Sincerely yours, ohn R. Sweeney v Assistant Engineer JRS:kh Enclosures cc: Fred G. Moore Sherman L. Goldberg Sara McConn Scott McLellan Greg Frank File 85126 3-100 PLYMOUTH BOULEVARD PLYMOUTH. MINNtSOTA 551.' TELEPHONE (612) 559 2800 lJ neguiar Louncit fleeting 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 beinq settled or calling individual Councilmembers. v Mayor Schneider pointed out that Mr. Knuston 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. Direc Moore stated the request is for a public improvement QUEST FOR PUBLIC project a site at the southwest corner of C.R. 9 and Vicks- IMPROVEMENT, WAYZATA burg Lane. everal years ago, the Council approved this area SCHOOL DIST. 284 for developmen and did not budget to extend improvements o Item 9-B this site because e property owner at that time did not ant them installed and a eed that he would pay for them wh they were. Stan Tikkanen, Director of F ance, School Distric 284, stated they have purchased the site e now prop,osin to extend the Improvements. The school distric would pre that the entire oprojectbetreatedasapublicimprment. Councilmember Sisk stated he doesn't s an agreement from the school district accepting the assessor is on\,the property. Mr. Tikkanen stated they would pxfer this be ablic improve- ment project and the school di rict be assessed. Mayor Schneider stated, in he event that the City's $5 llion bond limits are exceedefiK The City must comply witecwraI requirements on Invest w'ent earnings which limit our fiscal fle - ibility. Because tt`,ke`re are some large projects which are expec- ted to proceed th s year, this additional project could push the City over that mit. CouncilmembVasiliou asked if the improvements could be paid for with e sc hool district's recently approved bonding author- izatio ncyuia uwuil •cc litU April 18, 1988 Page 105 Mayor hneider opened the public hearing at 7:44 No one chose'%,Qspeak and the hearing was ce-d at 7:44 p.m. MOTION was made bycilmember seconded by Councilmember Vasiliou, to adopt RESO 0. 88-238 AUTHORIZING THE VACA- TION OF DRAINAGE AND L EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING PURP IN OUTLOT - PARKERS LAKE NORTH 2ND ADDI- TION. bion carried on a Roll Call vote, five ay 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 fust 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. RESOLUTION NO. 88-238 EASEMENT VACATION OUTLOT 01 PARKERS LAKE NORTH 2ND ADDN. Item 8-G REQUEST TO REDUCE ASSESSMENTS, BLH DEVELOPMENT CO. Item 9-A t MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 14, 1988 For City Council Meeting of April 18, 1988 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: REQUEST FROM THE BLH DEVELOPMENT COMPANY FOR REDUCTION IN CURB AND GUTTER ASSESSMENT ON NORTHWEST BOULEVARD BASS LAKE HEIGHTS 4TH ADDITION (85126) 1. ACTION REQUESTED: Dickman Knutson, on behalf of BLH Development Company, has requested that their responsibility for the cost of concrete curb and gutter along Northwest Boulevard for the Bass Lake Heights 4th Addition Development be reduced from 2,020 feet to 567 feet. The responsibility, as it currently exists, is in accordance with the approved plat and development contract. It is recommended that no change be made in the development contract. 2. BACKGROUND: Attached is a request from Dickman Knutson, on behalf of BLH Development Company, to revise the development contract for the Bass Lake Heights 4th Addition. He is requesting that their responsibility for the cost of curb and gutter along Northwest Boulevard be reduced from 2,020 feet to 567 feet. Attached is a drawing showing the location of the lots and outlots as referenced in his letter. During the City Council approval process for this plat as a planned unit development, there were considerable negotiations between the City and the developer for the conditions of approval. Some of the items involved were as follows: a. The location of Northwest Boulevard. b. Assessments for Northwest Boulevard C. Amount of land to be dedicated for the Neighborhood Park. d. Payment for park land in excess of dedication requirement. e. Payment for grading on park land which was proposed by the developer. f. Change in sanitary sewer boundary to allow development of the entire plat. REQUEST FROM THE BLH DEVELOPMENT COMPANY April 14, 1988 Page Two All of these items were considered and agreed to between the developer and the City Council with the Final Plat approval. The developer executed the development contract containing the terms of their financial responsibilities for the curb and gutter construction. The developer is now requesting a change in their responsibility for the cost of the concrete curb and gutter along Northwest Boulevard. Mr. Knutson is stating they should not be responsible for the curb and gutter along the west side of Northwest Boulevard (Outlot A), and also adjacent to the park property on the east side (Outlot E). Attached is a letter dated December 21, 1987, informing Mr. Knutson that the development contract was in accordance with the City's policy on assessing City owned property. Although Outlot E was dedicated to the City as park, the City paid $33,000 for the 2.2 acres in excess of the actual Park Dedication requirement. The total size of the park is 4.7 acres. The developer did use this 4.7 acres dedicated as park in calculating the number of dwelling units permitted within the planned unit development. The responsibility for the concrete curb and gutter along Outlot A on the west side of Northwest Boulevard was considered by the Council in determining the location of Northwest Boulevard and the final ownership of Outlot A. Based upon the guiding of Outlot A, it would be responsible for the construction of one half the cost of Northwest Boulevard, in addition to the concrete curb and gutter. As part of the negotiations, the City determined that this plat would only be responsible for concrete curb and gutter and the remainder of the construction cost would be the responsibility of the future developer of Outlot A. The Final Plat and development contract was approved for this development in February of 1987. The development contract and the engineer's memorandum contained the requirement for the future assessment for the concrete curb and gutter along all frontage of the plat on Northwest Boulevard. When Mr. Knutson received the development contract for execution before being presented to the City Council, he contacted Bob Johnson, Senior Engineering Technician, in the Engineering Department. He requested at that time that their responsibility for the curb and gutter assessment be changed. Mr. Johnson informed him that since this was part of the entire negotiated development plan, it would have to be changed by the City Council and he should return the development contract unexecuted along with a letter requesting the change. Mr. Knutson stated that he did not want to remove the item from the City Council "Consent Agenda", and therefore, would be signing the development contract and making the request at a future time. REQUEST FROM THE BLH DEVELOPMENT COMPANY April 14, 1988 Page Three 3. PRIMARY ISSUES AND ANALYSIS: The primary issue is whether this developer is responsible for the cost of concrete curb and gutter along Northwest Boulevard in accordance with the executed development contract. He is stating he should not be responsible for that portion adjacent to the City park and the outlot on the west side of Northwest Boulevard. As has been indicated in the background material, the approval of this development as a planned unit development was approved after considerable discussions, deferral and negotiations between the City and the developer. The existing requirement for payment of concrete curb and gutter is in accordance with the approval agreed to in 1987. 4. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council not amend the development contract for the Bass Lake Heights 4th Addition by changing the requirement for concrete curb and gutter. If the City Council concludes that the change is in order, they should determine the footage of property responsible for the cost of concrete curb and gutter and direct staff to prepare an amended development contract for execution by the City and developer. Fred G. Moore, P.E. FGM:kh attachments: Drawing Request Letter BLH DEVELOPMENT COMPANY 3030 HARBOR LANE PLYMOUTH, MINN. 55441 TEL. 612-553-0474 March 23, 1988 Mr. James Willis City Manager City of Plymouth Plymouth, MN 55447 Subject: Curb and Gutter Assessment Northwest Boulevard, Bass Lake Heights 4th Addition Dear Mr. Willis: I would like to schedule to be placed on the agenda of the Plymouth City Council to review the assessment for curb and gutter as it pertains to Northwest Boulevard and in particular, to Bass Lake Heights 4th Addition. I've discussed this item a number of times with your staff, it is my under- standing that a formal request has to be made in order to have council action. Bass Lake Heights 4th Addition is unique in that this is very little private ownership of the actual development fronting on Northwest Boulevard. It is our contention, only that property fronting on the trailway adjoining Northwest Boulevard should be assessed. The property in question is Lots 1, 2 and 3, Block 1; and Lot 1, Block 3; and Outlot C which is owned by the other 36 lots in the 4th Addition. The frontage of these parcels is 567.09 feet. The remaining frontage on Northwest Boulevard is owned by the City of Plymouth (Outlot A) 906.03 linear feet; the City of Plymouth (public park) 505.03 linear feet; and adjoining land owner 192.86 linear feet. I request that the development contract be reviewed that the assessment in Northwest Boulevard be reduced from $16,649 to $4,672 (567.09 x $8.24). As I understand, the property west of Northwest Boulevard is guided LA -3, The property east of Northwest Boulevard is guided LA -1. I believe that this is a reasonable request, thank you in advance. Sincerely, Dickman C. Knutson President DCK:cb WINTER ADDRESS 538 S. 72ND 5T. MESA. AZ 85208 TEL. 981-8139 I Its low 41A IN q An ik rz v t L C -t1l of -wP 0018 OO vl' n r T MZ' ' h _ tG / w m 47'02, W p1• 0• 40YIA v N 1 H cn CY I N J b n 4 O y Y W ' m •c .' `rf i r •+ r` D r 0 aye Yv f 7 W U) r ~ ` S• U) 0 m , P 1 4 t f 0 Z/ 1 D + 0 o LJ u Y y .- SIN . n . l wz ,- 4 4 M SII E CITY 0= December 21, 1987 PLYMOUTH Mr. Dickman Knutson BLH Development Company 3030 Harbor Lane Plymouth, Minnesota 55441 SUBJECT: CURB AND GUTTER ASSESSMENT NORTHWEST BOULEVARD Dear Mr. Knutson: E The curb and gutter assessments for Northwest Boulevard, as outlined in Development Contract No. 85126, were based on "Policy Concerning Assessing City Owned Property", Resolution No. 74-93, dated February 11, 1974. Your request that the City amend the assessments levied against your property by removing the approximately 515 feet adjacent to the City park will have to be considered by the City Council. A letter addressed to the Mayor and City Council through Fred G. Moore, Director of Public Works, requesting the review of the assessment will be required prior to you being scheduled for a Council meeting. Please call me if you have any questions. Sin rely, Robert C. ohnson Senior Engineering Technician RCJ:kh cc: Fred G. Moore, Director of Public Works John R. Sweeney, Assistant Engineer File No. 85126v.1 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 City of Plymouth E N G I N E E R' S M E M O to Planning Commission & City Council DATE: Jar:<ar,. 29, 1987 P ILE NO .: 8 17, 6 PETITIONER: A'r. Diclonan Knutson - Ultra 11omes, Inc. - 3030 Harbor tane - PZymoutl:, MN 55441 FINAL PLAT: :3ass Lake Height.,; 4th, Addition LOCATION: ';'est of Pineview Lane, North of the Soo Fine RaiZroa(i Tracks, Fast of r'edicine Lake Drive in the Northeast 1/4 o.° Sect -.on 10. ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. r Sanitary sewer area assessments have been levied based on proposed use. 3. — _ SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: 'ater^.vai>z area assessment used on 36 units - 3 units rreviousZry assessed = 33 units .x "645.00 unit = 1,285, and for Dutlot based on 4.47 acres x>1 290.00/acre = ;5 766.30. Sanitaru Sever area assessment based on 36 units - .3 units nreviousZu assessed = 3 units X 360.00/unit =;'11,880, and for OutZot L' 1tased on 4.47 acres X :,77,0.00 unit S. Other additional assessments estimated: Cza-b and nutter for Northwest ouZevard. This cost is estimated to be 2,06-0. 52 feet X ,6. P,1 toot = i`16, 649. 08 divided bty 36 lots = .,4(,:?. 4'/Zot,. Legal/Easements/Permits: 6. Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet 00') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. E POLICY CONCERNING ASSESSING CITY-O':lNED PROPERTY Resolution No. 74-93 February 11, 1974 The City from time to time undertakes public improvement projects benefiting property within the City, and City -owned property is occasionally benefited by such improvements. In order that the Council may fully review the matter of proposed benefit to City -owned property, the City Manager is directed to report to the Council prior to the ordering of public improvement projects which would benefit City - owned property with his recommendations concerning how such benefiting property should be treated in the spreading of the assessments on the proposed project. In making such a recommendation, he shall be guided generally as follows: 1. Property owned or used by a City utility operation shall be deemed to benefit in the same manner and to the same extent as a single- family residential property. 2. Park land shall be viewed on an individual basis; however, smaller neighborhood parks shall normally not be assessed; rather the costs spread throughout the benefiting district. Community or central parks should normally be assessed for benefit as single-family residential property. 3. Storm water holding areas shall not normally be deemed to be assessed. 4. Other categories of property shall be reviewed on an individual basis to determine benefit. 5011 CITY OF PLYMOUTH Pursuant to due call anobotice thereof, a special meeeg of the City Council of the City of Plymouth, Minnesota, was held on the 29th day of September . 1986. The following members were present: Mayor Schneider,Councilmembers Crain, Sisk, Vasiliou, and Zitur The following members were absent: none Councilmember Sisk introduced the following Resolution and moved its adoption: RESOLUTION NO. 86-597 APPROVAL OF PLANNED UNIT DEVELOPMENT CONCEPT PLAN AND AMENDMENT TO STAGED GROWTH ELE- MENT FOR DICKMAN KNUTSON, ULTRA HOMES, INC. (85126) WHEREAS, Dickman Knutson, Ultra Homes, Inc., has requested approval of a Planned Unit Oevelopment (RPUD) Concept Plan and Amendment to the Staged Growth Element of the City of Plymouth Comprehensive Plan, for development of property west of Pineview Lane, approximately one-half mile south of County Road 47, one-eighth mile north of the Soo Line Railroad; and one-fourth mile east of Interstate 494; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; and, WHEREAS, on March 31, 1986, the City Council considered the request and deferred action on the proposal for further discussion and analysis; and, WHEREAS, based on discussions between the City, the petitioner, Hennepin County, and the Department of Natural Resources, an alignment for future Northwest Boulevard has been determined; and, WHEREAS, based on engineering information, it has been determined that the development of this property could be accomodated if the entire NC -10 District is re -directed, sub- ject to approval of an Amendment to the Sanitary Sewer Plan Element of the Adopted City's Comprehensive Plan; and, WHEREAS, the petitioner has submitted three alternate options for development, In res- ponse to the further discussions and analysis; WHEREAS, the City Council remanded the matter to the Planning Commission for review, after redesign by the petitioner; and, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby approve the request by Dickman Knutson, Ultra Homes, Inc. for a Planned Unit Development Concept Plan based on Concept Plan and Amendment to the Staged Growth Element of the City of Plymouth Comprehensive Plan, subject to the following: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. Maximum density shall be 1.8 units per acre for the land at or above the estab- p lished high water elevation per the adopted City Storm Water Drainage Plan as verified by the City Engineer. Density bonus points are assessed as follows: a) A deduction of two points based on the size of the project. PLEASE SEE PACE TWO Page two Resolution No. 86-597 0 4. The final number of dwelling units shall be determined at the RPUD Preliminary Plan/Plat Stage of review. For density calculation purposes, half of thr right- of-way for future Northwest Blvd. and all land at or above the established High Water Elevation, east of future Northwest Boulevard shall be utilized. 5. Draft restrictive covenants for the private open areas shall be submitted with preliminary plat/plan application. 6. No private drive access shall be permitted to Northwest Boulevard; all private drives shall be provided by internal public streets. 7. Approval of the Comprehensive Plan Staged Growth Amendment is contingent upon, and subject to the required review and response by the Metropolitan Council, and the Final Plan/Plat which shall be approved by the City Council prior to finalization of the Amendment. 8. The location of future Northwest Boulevard shall be consistent with the final location to be determined by the City. 9. Outlot A ::call be deeded to the City. 10. Outlot C shall be deeded to a Homeowner's Association for the benefit, use, and maintenance by the residents of this development. 11. Re -directing the sewer flow from NC10 District is subject to approval of an Amend- ment to the Adopted Sanitary Sewer Plan Element of the City's Comprehensive Plan. 12. All right-of-way for public roads shall be dedicated as part of the platting action. 13. Approximately 4.7 acres shall be deeded to the City for public park purposes, 2.2 acres of this amount is in excess of park dedication requirements and shall be purchased by the City for $15,000.00 per acre, or $33,000.00. 14. The preliminary plat/plan application shall include proposed minimum lot areas and yard setbacks. Any proposed side yard of less than 10 ft. shall be specifically identified and explained. All yard dimensions and areas shall be per the approved preliminary and final PUD plan. 15. The developer shall prepare an overall site grading plan which shall include the proposed park. It is recognized that the park site will be lowered to accommodate its future development, including the parkland to the north of this site. It is estimated that the extra costs anticipated to be incurred by the developer for grading on the park portion of the site will be approximately $150000.00 which shall be paid by the City following site grading. 16. The Preliminary Plat/Plan shall indicate all mature trees to be saved, except those within approved rights-of-way, and those trees to be destroyed will also be Indicated. A statement shall be included on how the saving of the trees will be assured. The motion for adoption of the foregoing Resolution was duly. seconded by Councilmember Zitur , and upon vote being taken thereon, the following voted In favor thereof: Mayor Sc neider, Councilmembers Crain, Sisk, and Zitur The follow ng voted against or abstained: _ ounc mem er Vasiliou Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a regular meei7nq of the City Council of the City of Plymouth, Minnesota, was held on the 2nd day of February , 1987. The following members were present: Mayor Schneider, Z-ouncilmembers Crain, isk, Va'sTliou ana Zitur he following members were absent: none Mayor Schneider introduced the following Resolution and moved its adoption: RESOLUTION 87-72 APPROVING AMENDMENT TO THE SANITARY SEWER PLAN ELEMENT OF THE COMPREHENSIVE PLAN, RESI- DENTIAL PLANNED UNIT DEVELOPMENT PRELIMINARY PLAN/PLAT AND CONDITIONAL USE PERMIT FOR DICKMAN KNUTSON, BLH DEVELOPMENT COMPANY, FOR BASS LAKE HEIGHTS 4TH ADDITION (85126) WHEREAS, Dickman Knutson, BLH Development Company, has requested approval for an Amend- ment to the Sanitary Sewer Plan Element of the Comprehensive Plan, Rezoning, Residen- tial Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for 36 single family residential lots located west of Pineview Lane at 54th Avenue North; and, WHEREAS, the Planning Commission has reviewed the request at a duly called Public Hear- ing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the Amendment to the Sanitary Sewer Plan Element of the Comprehensive Plan, Residential Planned Unit Development Preliminary Plan/Plat and Conditional Use Permit for Dickman Knutson, BLH Development Co., for Bass Lake Heights 4th Addition consisting of 36 single family residential lots located west of Pineview Lane at 54th Avenue North, subject to the following conditions: 1. Compliance with the City Engineer's Memorandum. 2. Staging of the development shall be in accordance with utility availability as approved by the City Engineer. 3. Maximum density shall be 1.8 units per acre for the land at or above the established high water elevation per the adopted City Storm Water Drainage Plz as verified by the City Engineer. Density bonus points are assessed as follows: A deduction of two points based on the size of the project. The maximum number of units is 36. 4. Provisions for public park and trail outlot per Comprehensive Park Plan, as verified by the Parks and Engineering Departments, with submittal of detailed plans as to construction of the trail per City standards. Outlots B and E shall be deeded to the City for public park purposes. 5. No private drive access shall be permitted to Northwest Boulevard; all private drives shall be provided by internal public streets. 6. Approval of the Comprehensive Plan Staged Growth Amendment and Sanitary Sewer Element are contingent upon, and subject to the required review and response by the Metropolitan Council, and the Final Plan/Plat which shall be approved by the City Council prior to finalization of the Amendment. PLEASE SEE PAGE TWO Page two 0ResolutionNo. 87-72 7. The location of future Northwest Boulevard shall be consistent with the final location to be determined by the City. 8. Outlot A shall be deeded to the City. 9. Outlot C shall be deeded to a Homeowner's Association for the benefit, use and maintenance by the residents of this development. 10. All right-of-way for public roads shall be dedicated as part of the plattino action. 11. Approximately 4.7 acres shall be deeded to the City for public park purposes, 2.2 acres of this amount is in excess of park dedication requirements and shall be purchased by the City for $15,000.00 per acre, or $33,000.00. 12. The developer shall prepare an overall site grading plan which shall include the proposed park. It Is recognized that the park site will be lowered to accommodate Its future develop-ent, Including the parkland to the north of this site. It is estimated that the extra costs anticipated to be incurred by the developer for grading on the park portion of the site will be approximately $15,000.00 which shall be paid by the City following site grading. 13. Street names shall comply with the City Stret Naminq System. 14. Compliance with Policy Resolution No. 79-80 regardinq minimim floor elevations for new structures in subdivisions jdjacent to, or containing any open storm water drainage facility. 15. Rezoning shall be finalized with filing of the Final Plat. 16. No Building Permits shall be issued until the Final Plat Is filed and recorded with Hennepin County. 17. Yard setbacks are: 30 ft. front yard and 50 ft. along Northwest Boulevard, except for Lot 1, Block 3 which shall have a 10 ft. setback; 10 ft. side yard and 25 ft. rear yard. 18. Final Plat mylars shall refer to PUD No. 87-1. 19. Appropriate legal documents regarding Homeowner Association documents, covenants and restrictions as approved by the City Attorney, shall be filed with the Final Plat. 20. Final title documents shall be submitted for review, as requested by the City Attorney, as part of the Final Plat application. 21. The existing two residences shall be retained as dlagrammed on the petitioners graphic dated December 31, 1986; all other structures and buildings shall be removed at the developer's expense. 22. The driveway for Lot 1, Block 1, shall be located northeasterly on the lot; the driveway for Lot 1, Block 3, shall be located as far east as possible: and, shall be shown on the survey for Building Permits. eve. IoPMa^* CoO%'t KCt 8.2 The water andLary sewer area type assessme and assessments for Project 416 for is development are as follows. Watermain Area 33 units x $645.00/unit 21,285 Sanitary Sewer Area 33 units x $360.00/unit 11,880 Total Area Assessments Residential Lots 33,165 Watermain Area 4.47 acres x $1,290/acre 5,766.30 Sanitary Sewer Area 4.47 acres x $720.00/acre 3,218.40 Total Assessments Outlot E 8,984.70 Project 416,,curb and gutter estimated cost $16,649 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them including area assessments and Project 416. The water and sanitary sewer Residential Equivalent Connection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. 9. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impass- able, such streets shall be barricaded and closed. In the event resi- dences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provde proper surface drainage. The developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for re -shaping said streets because of snow plowing operations, and if they are requested and providing snow plowing service, it does not constitute final acceptance of said streets. 9.1 The developer shall contract for stueet cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. 1(l. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this contract. The developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the developer. The developer shall furnish certificates of completion A& outlined in Paragraph 11.1 herein for each unit completed, certifying, that work has been completed in accordance with the terms of this conttact, and shall also furnish mylar as -built" reproducibles for all phAs.es of construction incl,ided in this contract. 12- April 14, 1988 Mr. Dickman Knutson BLH Development Company 3030 Harbor Lane Plymouth, MN 55441 SUBJECT: REQUEST FOR AMENDMENT OF DEVELOPMENT CONTRACT BASS LAKE HEIGHTS 4TH ADDITION (85126) CURB AND GUTTER ASSESSMENT Dear Dickman: Attached is the staff report which will be presented to the City Council at their meeting on April 18, 1988. The meeting begins at 7:30 p.m. It is my recommendation that the request not be approved. I would suggest that you or your representative be in attendance at the Council meeting. If there are any questions with regard to the staff report, please contact me. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosure 3400 PLYMOUTH BOULEVARD. PLYMOUTH. M!NNESOTA Ea,47 TELEPHONE (612) 559-2800 k CITY 0 April 28, 1988 PLYMOUTH, Mr. Dickman Knutson BLH Development Company 3030 Harbor Lane Plymouth, MN 55441 SUBJECT: REQUEST FOR AMENDMENT OF DEVELOPMENT CONTRACT BASS LAKE HEIGHTS 4TH ADDITION (85126) CURB AND GUTTER ASSESSMENT Dear Dickman: As you are aware, the City Council tabled your request to revise the development contract for Bass Lake Heights 4th Addition at their April 18, 1988, Council meeting. They requested further information from the City staff. Attached is the staff report which will be presented to the City Council at their May 2, 1988, Council meeting. You, or your representative, may wish to be in attendance at the Council meeting. Sincerely, Fred G. Moore, P.E. Director of Public Works FGM:kh enclosure 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 554447. TELEPHONE (612) 559-2800 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 26, 1988 for Council Meeting of May 2, 1988 TO: James G. Willis, City Manager, through Fred G. Moore, Director of Public Works FROM : John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS We have received a request from the developer for a bond reduction to reflect completed work in his development. The City has made inspections of the work and I recommend that the attached resolution be adopted. This development is: 1. Bass Lake Estates Addition (84091) J'hn R. Sweeney z JRS:kh \ attachments: Resol CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: XXX XXX adoption: meeting of the City Council of day of , XXiX introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND BASS LAKE ESTATES ADDITION (84091) WHEREAS, in accordance with the development contract dated August 6, 1985, Bass Lake Development, Inc., developer of Bass Lake Estates Addition (84091), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction' $ 115,757 $ -0- Sanitary Sewer 53,983 -0- Watermain 52,902 -0- Storm Sewer 60,895 -0- Boulevard and Drainage Swale Sod 9,600 4,000 Pond or Ditch Construction -0- -0- Street Signs 600 -0- Site Grading and Drainage Improvements 87,850 -0- Park and Trail Improvements 3,950 -0- Design, Administration, Inspection, As-Builts 43,264 480 TOTAL $ 428,801 $ 4,480 That the letter of credit required for the above items be reduced as detailed above from $9,576 to $4,480 to reflect the completed work. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX I XXX 4 i Cr1. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 26, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: VACATION OF DRAINAGE AND PONDING EASEMENTS STEEPLECHASE 3RD ADDITION - OUTLOTS J AND K Lundgren Brothers Construction, Inc. has requested that certain easements for drainage and ponding purposes within Steeplechase 3rd Addition be vacated to fit into their overall development plan for Steeplechase 4th Addition. The necessary drainage and utility easements and drainage easement for ponding are being rededicated on the plat for Steeplechase 4th Addition. I recommend that the City Council adopt establishing a public hearing on June 6, 1988. Chester J. Hark -son, Jr., CJH:kh attachments: Map Resolution Petition the attached resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: XXX its adoption: XXX I XXX introduced the following Resolution and moved RESOLUTION NO. 88 - ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND PONDING EASEMENTS OUTLOTS J AND K - STEEPLECHASE 3RD ADDITION WHEREAS, pursuant to M.S.A. 412.851, Lundgren Brothers Construction, Inc. has petitioned the City Council for the vacation of the following perpetual easements for drainage and ponding purposes: The perpetual easements for drainage and ponding purposes in Outlots J and K, Steeplechase 3rd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of June 6, 1988 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provide by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXL X r 1!31 V3401 3 35)".011i Ct' ;A'IFLL li ; '$t'I :r il .I ,: N'.`" D;OQ,L',.y3:a3__- 3NIlN71VM1 S:v,l^:I..o >: _, ` • S I=_ SLit6i 9.00,6t.eenUC 06 r if 905 . W i 2 ,e O W ti j ? ^ 3,f/,foN• G/pJ M iM,Ofjj,fOM.'bi'.i ,L O sr T SS LOZ=d` _ - IL'L•Ji] r A e, i LG'iG.7 MO 9^i 9919.,7 41 7 ( SSYft=b n ' w •o ` `'OI'Oi: "aV Q Swb•v i •n My4lf,6o.v= J 0 'V4 = ZLi1 ``msyi•: G K.M• J, lo ef eW c O O ` 1 llu Ib1 5 'J ij9Qs S.p tiQ MAP. AO. R W 101110 t1 • 2 ryr 0 ` v, 1 w X 0 Ij co v w. 4 U v tea, " R• 3 WW " eFvt ryh0 g 9 W O W x i Q O .00 _ lv to 0 1 CHELSEA LYOO:J$ CD Lu rte. -, • n. rs i , • p 4h 00_06. s 8 •I n _ a 14 o M 3 ms • o O 0 O t F 3NIl H 11YW LU11DGREn ' a°"° BROS: 935 EAST WAYZATA BOULEVARD • WAYZATA, MINNESOTA 55391 s (612) 473-1231 April 22, 1988 Mr. Chester J. Harrison, Jr. Plymouth City Engineer 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Drainage easement over Outlots J and K, Steeplechase 3rd Addition Dear Chet: Subject easement was created to provide for potential overflow from Storm Water Pond "D" (see attached) until the storm sewer in Steeplechase 4th Addition, which comprises 0utlots J and K, could be constructed. We are now ready to commence this construction, but find that the easement has been recorded and is interfering with the closing of our land development loan. Please accept this letter as our petition to immediately commence a vacation proceeding to remove this easement. Very Truly Yours, LUNDGR. BROS. CO STRUCTION, INC. Michael A. Pflaum MAP/pm Enclosure gT MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 26, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager Through Fred G. Moore--irector of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: ADVERTISEMENT FOR BIDS WOOD CREEK ADDITION - CITY PROJECT NO. 660 22ND AVENUE - CITY PROJECT NO. 813 We have received the final plans and specifications for the above projects. The necessary easement needed to do the Wood Creek portion of the project has yet to be acquired. We are confident that we will have a signed easement prior to award of the contract. If for some reason this does not happen, the special provision of the project specification states that the owner reserves the right to withhold the notice to proceed or to completely eliminate the Wood Creek Area storm sewer work Section A) until July 1, 1988, without additional compensation to the contractor. I recommend that the Council adopt the attached resolutions which approve these plans and specifications and orders advertisements for bids, with bids to be received on Tuesday, May 31, 1988. 9hester J.rrison, J ., E. CJH:kh attachments: Resolutions CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: 7Y c4c 'X7'C7Y )YXX its adoption introduced the following Resolution and moved RESOLUTION NO. 87 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WOODCREEK ADDITION, STORM SEWER IMPROVEMENTS CITY PROJECT NO. 660 22ND AVENUE UTILITY AND STREET IMPROVEMENTS CITY PROJECT NO. 813 WHEREAS, pursuant to a resolution passed by the Council on October 19, 1987 and March 21, 1988, the City's Consulting Engineer, Bonestroo, Rosene, Anderlik & Associates, Inc. has prepared plans and specifications for the improvement of Wood Creek Addition by the installation of storm sewer and 22nd Avenue, west of Vicksburg Lane by the installation of watermain, sanitary sewer, storm sewer and street improvements and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published once, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on Tuesday, May 31, 1988, at which time they will be publicly opened in the Council Chambers of the Plymouth City Center Building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Manager and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 27, 1988 For City Council Meeting of May 2, 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 PONDS NORTH ADDITION We have received a petition from the developer for street lighting within Ponds North 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. Chester J. Ha"tlison, Jr., CJH:kh attachments: Resolution Petition Preliminary Engineering Report Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: flYx XX)C its adoption: oY)f)C introduced the following Resolution and moved RESOLUTION NO. 88 - DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT STREET LIGHTING - PONDS NORTH ADDITION WHEREAS, a petition has been received from the developer requesting installation of ornamental residential street lighting in the Ponds North Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A certain petition requesting the improvement of Ponds North Addition by the installation of residential ornamental street lighting, filed with the City Council on May 2, 1988, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformance to Minnesota Statutes Section 429.035. 2. The petition is signed by 100% of the affected property owners and they have waived their rights to public improvement and special assessment hearings. 3. The petition is hereby referred to the City Engineer and he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvement as recommended. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: X X)C its adoption: CXX introduced the following Resolution and moved RESOLUTION NO. 88 - RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING PONDS NORTH ADDITION WHEREAS, pursuant to a resolution of the Council adopted May 2, 1988, a report has been prepared by the City Engineer with reference to the improvement of Ponds North Addition by the installation of ornamental residential street lights and this report was received by the Council on May 2, 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 May 2, 1988. The petitioners have waived their right to a public hearing. 2. The City Engineer is hereby designated as the engineer for these improvements. He shall coordinate the work which will be done by the Northern States Power Company. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM PONDS NORTH ADDITION The developer, who is the property owner of 100% of the property known as Ponds North Addition, has petitioned the City to install street lights in said plat. The project consists of the installation of ornamental street lights for the plat with the lights to be placed at the locations shown on the attached map. There are six (6) lights at a monthly cost of $13.46 per light for a total cost of $80.96 per month, including contingencies at $.10 per lot. The project would be billed on a monthly basis to all the lots in the addition, a total of 2 lots, which results in an estimated cost of $65.29 for Lot 1, Block 1 per month and $15.67 for Lot 1, Block 2 per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. Rep-. No. Chester J H riscn, 12510 Dated: April 27, 1988 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: o% 'A It--ociTlGi e( We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME ADDRESS G c" G- c L MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 27, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: WAIVER OF ASSESSMENT HEARING FROM WCF THEATRE ASSOCIATES, LIMITED PARTNERSHIP FOR LOT 1, BLOCK 1, WILLOW GROVE OFFICE PARK 2ND ADDITION We have received a Waiver of Assessment Hearing from the property owners of the Willow Grove Office Park Second Addition waiving their right to Special Assessment Hearings covering watermain area assessments and sanitary sewer area assessments. I recommend that the council adopt the attached resolution for the watermain area assessments and sanitary sewer area assessments. Chester J. ison, Jr. E. CJH:kh attachment CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: meeting of the City Council of the I The following members were absent: XXX XXX XXX introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - ADOPTING ASSESSMENTS PROJECT NO 819 SANITARY SEWER AND WATERMAIN AREA - WILLOW GROVE OFFICE PARK SECOND ADDITION WHEREAS, we have received a Waiver of Assessment Hearing from the property owner of Willow Grove Office Park Second Addition waiving their right to special assessment hearings covering the installation of sanitary sewer and water trunk facilities and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January 1989, and shall bear interest at the rate of 8.00% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this Resolution until December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this Resolution; and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this Resolution is $15,281.25. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XX)C I XXX WAIVER OF ASSESSMENT HEARING The undersigned does hereby waive all rights to special assessment hearings for watermain area and sanitary sewer area assessments as follows on the property described as Lot 1 Block I Willow Grove Office Park Second Addition: ASSESSMENT Sewer Lateral Water Lateral Streets Sewer Area Water Area c/._.? / - DATED: STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) TOTAL COST $15,281.2 5 WCF THEATRE ASSOCIATES LIMITED PARTNERSHIP By Th foregoing instrument was acknowledged before me this day of l 4,1`is ,i1 , 19 b y) , b y : Ng' ary Pub'',, Tammy Sue Welton Notary %bilo-Minnesota Hennepin County t., My Comm. Exp. 9.1980 I IM MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 28, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore,' Director of Public Works SUBJECT: APPROVING "NO PARKING" ON VARIOUS STREETS Through observations of the Police Department it has been noted that in some areas of the Industrial Park there is substantial parking taking place on the street. This is causing a public nuisance and a potential traffic hazard. The businesses in front of which this is taking place have ample off-street parking, but it is more convenient for employees or customers to park on the street. These various locations are shown on the attached map and listed in the attached resolution. Also, there is a problem with cars parking on both sides of Zachary Lane and accessing Timber Shores Park by way of the boardwalk. Although there are only a few cars doing this, at times they are on both sides of the roadway. In order to continue to allow access by the boardwalk, it is recommended that we restrict parking to the west side only in order to eliminate the potential traffic hazard. This restriction would be from 55th to 57th Avenue. It is recommended that the City Council adopt the attached resolution restricting parking on one or both sides of the streets as contained within the proposed resolution. Fred G. Moore, P.E. FGM:kh attachment: Resolution Map CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: JCX c its adoption: X3Y'X introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING AUTHORIZING THE PLACEMENT OF NO PARKING SIGNS ON VARIOUS STREETS WHEREAS, substantial on street parking has been noted on the various streets; and WHEREAS, such parking creates a public nuisance and potential traffic congestion; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should and hereby does authorize the installation of "NO PARKING" signs on both sides of the following streets. 1. 23rd Avenue - Niagara Lane to Fernbrook Lane 2. 23rd Avenue - Niagara Lane to Fernbrook Lane 3. Xenium Lane - Northwest Boulevard to 34th Avenue 4. County Road 18 frontage road - 13th Avenue to 26th Avenue 5. 28th Avenue - Niagara Lane to 27th Avenue FURTHER BE IT RESOLVED, that it should and hereby does authorize the installation of "NO PARKING" signs on the east side of the following street: 1. Zachary Lane - 55th Avenue to 57th Avenue 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. W P r - CITY OF SCALE OF MILES PLYMOUTH- r.wn.wo+ a - v' g9'a$a 3 ag5i`"4-^ s=i-.i_. °;p$; a ; xssc$a:s`S a`a c_F YS:Q E91 x:aia ii? xi4?E'sa x:$3eS 3€n2. ifa:'ti se:ea[a c :Es'siaM1111-11HIM MM IM H IiMii:9.1 o ir"gi•' r, STREET MAP 0 rracnr 4— — I N MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 20, 1988 For City Council Meeting of May 2, 1988 TO: James G. Willis, City Manager Through Fred G. Moor Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: VACATION OF A DRAINAGE EASEMENT FOR PONDING PURPOSES IN THE GROVES OFFICE PARK SUBDIVISION AS REQUESTED BY THE METROPOLITAN WASTE CONTROL COMMISSION We have received a petition for vacation of the drainage easement for ponding purposes located on land proposed for development of the new City-wide lift station to be constructed by the Waste Control Commission. I do hereby request that a public hearing be set for June 6, 1988, which is required as part of the formal application for vacation. Chester J. Harrison, Jr., CJH:kh attachment: Petition CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: , The following members were absent: XXX its adoption: XXX XXX introduced the following Resolution and moved RESOLUTION NO. 88 - ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND DRAINAGE EASEMENTS FOR PONDING PURPOSES LOT 2 BLOCK 1 GROVES OFFICE PARK WHEREAS, pursuant to M.S.A. 412.851, Metropolitan Waste Control Commission has petitioned the City Council for the vacation of the following drainage easement for ponding purposes: That portion of the drainage easement for ponding purposes which was dedicated on the recorded plat of Groves Office Park being that part of the west 80 feet of Lot 2, Block 1, Groves Office Park, Hennepin County, Minnesota, lying south of the north 594.94 feet of said Lot 2. AND, WHEREAS, the City Council has reviewed said request and found the same to be in order; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it should, and hereby does, establish the date of June 6, 1988 at 7:30 p.m. in the Council Chambers, Plymouth City Center, 3400 Plymouth Boulevard, as the time and place for the public hearing of said petition and directs the administrative staff to publish notice of said hearing as provide by law. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: , The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXsc XXX April 14, 1988 Mr. Fred Moore Director - Public Works City of Plymouth City Hall 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Mr. Moore: Metropolitan Waste Control Commission 350 Metro Square Building, 7th and Robert, St. Paul, Minnesota 55101 612 222-8423 At the suggestion of your city (reference attached letter from Scott McLellan - Assistant Building Official), the Metropolitan Waste Con- trol Commission .requests to vacate a portion of an existing drainage easement for ponding purposes which was originally dedicated on the recorded plat of Groves Office Park. The MWCC will be replatting this area and will dedicate new easements, exclusive of the lift station site, on the new plat. The Metropolitan Waste Control Commission hereby petitions the City of Plymouth to vacate the portion of drainage easement for ponding which is described as follows: That portion of the drainage easement for ponding purposes which was dedicated on the recorded plat of Groves Office Park being that part of the west 80 feet of Lot 2, Block 1, Groves Office Park, Hennepin County, Minnesota, lying south of the north 594.94 feet of said Lot 2. If you have any questions regarding this vacation please call Harold Voth or Jim Rosenberger at 222-8423. Sincerely, C. R. Payne Assistant Director, Engineering CRP:LLM:sma L74 Attachment cc: LuAnne Major, MWCC Harold Voth, MWCC Jim Rosenberger, MWCC Jeanne Matross, MWCC r t F.lz 37ap•ia.. M I I • Sb0 00 Z •mm ' l^ti 1. It O . •1O9 J l 4 y O 100 SC BEARII S. I> - ProPbse o i 4} +'3 cost /;nc aP.vlti'ii uP -Vi A4 595.00-' .. aa, a• NO°a9•a3•E _ N v f 200 a.; No d , J-i• {i(, Y {'. G:[m[n.r C[r ,01.69 -.. " t I lyC j SW eu,n[ GTO V£S C%F[C[ MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 28, 1988 for Council Meeting of May 2 TO: James G. Willis, City Manager FROM: Eric J. Blank, Director of Parks and Recreation SUBJECT: AWARD OF BID - ST. MARY'S NEIGHBORHOOD PARK PROJECT NO. 808 1. ACTION REQUE SIED: The attached resolution awards the contract for St. Mary's neighborhood park to Matt Bullock Contracting Co., Inc., in the amount of $81,306. 2. BACKGROUND: On Wednesday, April 27, at 2 p.m, bids were received and opened for the St. Mary's Neighborhood Park Project No 808. Nine bids were received (see bid tabulation) with the low base bid being submitted by Matt Bullock Contracting in the amount of $88,991. Seven thousand six hundred eighty five dollars of this bid is for the inclusion of a parking lot at the park site. The City Council, on April 4, approved the final plans and specifications and budget for this project at $117,520. Additional costs not covered in this bid are: A. $19,868 - play equipment B. 3,000 - large trees 3. PRIlIARY ISSUES AND ANALYSIS: The Council needs to determine whether or not they feel it is necessary to construct a parking lot at this time within this park location. This item was passed out of the Park and Recreation Advisory Commission with no provision for parking at this time. The cost of adding the parking is $7,685. 4. REOCNMEN CATIONS AND OONCIIISIONS: I recommend the contract be awarded to Matt Bullock Contracting Co., Inc., in the amount of $81,306. Mr. Bullock was the general contractor on Phase I of the Parkers Lake Project. In my opinion, he has been the best contractor that we have dealt with in the last eight years on any park project. Total construction costs for this project will be $104,174. Eric J. Blank, Director Parks and Recreation EJB/np Attachments 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 day of 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption. RESOLUTION NO. 88 - AWARDING CONTRACT FOR PROJECT NO. 808 ST. MARY'S NEIGHBORHOOD PARK WHEREAS, nine bids were submitted in accordance with the plans and specifications for St. Mary's neighborhood park, and WHEREAS, the low apparent bidder was Matt Bullock Contracting, Inc., and WHEREAS, the Director of Parks and Recreation has recommended awarding the contract to Matt Bullock Contracting Co., Inc., NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the contract for Project No. 808 St. Mary's Neighborhood Park is awarded to Matt Bullock Contracting Co., Inc., in the amount of $81,306. 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. BID OPENING ST. MARY'S NEIGHBORHOOD PARK 0DNSTRU=0N PROJECT NO. 808 APRIL 27, 1988 2:00 P.M. PLIC TIH, MINNESOTA IJ t 1. X91: •:• Matt Bullock Contracting Co., Inc. 14239 42nd St. NE St. Michael, MN 55376 612-497-2880 Barber Construction Co., Inc. P.O. Box 5324 Hopkins, MN 55343 H.L. Johnson Co. 2392 Pioneer Trail Hamel, MN 55340 612-478-6084 W.H. Cates Const. Co. 14105 Highway 55 Plymouth, MN 55441 612-559-5859 W.J. Ebertz Co. 810 South McKnight Road St. Paul, MN 55119 612-735-0715 Alber Construction, Inc. 4901 W. Medicine Lake Road Plymouth, MN 55442 612-553-0037 Husting & Engstraan, Inc. 2551 Glendale Road P.O. Box 95 Hastings, MN 55033 BID AMOUNT' 5% BOND 88,991 yes 109,049.50 yes 101,673.50 yes 101,265.12 yes 99,372 yes 92,822.10 yes BID OP KING SI'. MARY'S NEIaU33RH--)0D PARK CUNSItbi=ON PRC1= NO. 808 APRIL 27, 1988 2:00 P.M. PLYMO=, Mauu A PIANHOLDIIP,/ADCRESS BID ANY7UN`I' 5% BOND Monette Constnx-tion Co. 2050 White Bear Ave. St. Paul, MN 55109 144,262 yes 612-777-1339 B.K. Excavating P.O. Box 10660 Minneapolis, MN 55440 612-339-6690 Odland Construction, Inc. 10066 65th Street North Stillwater, MN 55082 113,814 yes 612-777-7651 J.B. Construction, Inc. Box 218 Montrose, MN 55363 128,932 yes 612-675-3859 Wier, Inc. 4250 Creekview Circle P.O. Box 219 St. Bonifacius, MN 55375 M m CID rri 1, 0 m . r m x@ 4t Z >I Onp z mIviz m s m D y r, y cc m O f7 m N1 ,D- V. > z to T m m r 3 n G1 m m > = z X 0 > 30 z o C) O Z O f n i m a T N> D .4 w L) m m y m z N N N O G y r Barton-Aschman Associates, Inc. 1610 South Sixth Street Minneapolis, Minnesota 55454 April 28, 1988 Mr. Eric Blank, Director Parks and Recreation Department City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Construction Bids for St. Mary's Park Dear Eric: 612-332-0421 We have reviewed the bid proposal of the apparent low bidder for the St. Mary's Neighborhood Park construction project (City Project #808). The low bidder for the project is Matt Bullock Contracting Company, Inc. of St. Michael, Minnesota, with a total construction bid of eighty-eight thousand nine hundred ninety-one dollars ($88,991). Matt Bullock remains the low bidder under the various deduct alternate scenarios. Barton-Aschman Associates, Inc. recommends that the City of Plymouth award the construction contract for City Project Number 808 to Matt Bullock Contracting Ccupany, Inc. Sincerely, IAD:jkc MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMM, MINNESOTA 55447 DATE: April 25, 1988 for City Council Meeting May 2, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: ANNUAL RISK MANAGEMENT REPORT ACTION REQUESTED: I have recently received the final claims report for the League of Minnesota Cities Insurance Trust (LMCIT) Program for last year. The City's decision to insure with LMCIT and assume the higher retention levels has been very positive. A detailed analysis of these savings is attached for Council perusal. In March of 1987, the City took a major step toward self insurance by assuming large deductible amounts in all insurance coverage areas. The previous policy assumed deductible amounts ranging from $100 to $1,000. As of April 1, 1987 these deductible amounts were raised to ranges from $5,000 to $25,000. PRIMARY ISSUES AND ANALYSIS: As a result of the increased deductible amounts, the City staff has been spending additional clerical time analyzing claims for severity. The City has also been paying more out-of-pocket costs to settle claims. These out-of- pocket costs are considerably more than the pervious policy because of the increased deductible amounts. However, when they are offset against the premium savings, the total insurance cost is still considerably less. Shown below are the cost comparisons of the League's insurance policy compared to the previous policy assuming the same level of claims incurred for the year. Total Premium Current Policy 151,381 Previous Policy 261,236 1) Claims paid including reserves 53,668 9,090 Additional clerical costs 5.000 0 Total insurance cost S 210,049 S 270,326 Included within the line item claims paid including reserves (1) are amounts set aside for payment of potential settlements. These amounts are assumed to be the maximum amounts that the City would pay to close all claims. In most cases, I would anticipate the final settlement to be somewhat less than these reserves. Therefore, the anticipated savings of $ 60,277 over the previous years policy is shown as the worst case scenario. The final settlement for some of these cases will not be determined for some time. In addition to the projected savings shown above, the City has also been self insured for the umbrella coverage. The umbrella coverage would provide additional coverage for claims above $600,000. To purchase an umbrella of 5,000,000 in itself, would cost approximately $211,000. By continuing to build our risk management reserve, we are able to self insure this portion of our coverage and realize substantial premium savings. I believe the policy as awarded to LN --IT for the 1988/1989 coverage is another step toward self insurance and additional premium savings. This premium savings is realized when premiums would normally be escalating as the City grows and its exposure and physical assets increase. We must however, never lose sight of the fact that someday we may have to dip into our pocket and tap some of these premium savings. I will be at the May 2nd meeting to discuss any concerns City Council may have. l03 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 28, 1988 for City Council Meeting May 2, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT FENCE PERMITS ACTION REQUESTED: Direction regarding features of a fence permitting system which the City Council directed last year with the intention of implementation this summer. BACKGROUND: The City Council directed that a permitting system be established for the construction of fences in the residential zoning districts where site plan approval is not involved, i.e., one and two-family dwellings. This came as the result of a continuing number of instances where homeowners had erected fences contrary to the City standards. Substan- tial staff time was and has been devoted to seeking compliance after the fact. Some residents obtain general information from the City which they interpret to be authorization or permission for a particular fence which later is found to be in viola- tion of the Ordinance. The City Code does not require a permit for fences and walls and one and two-family dwellings do not require site plan approval. PRIMARY ISSUES AND ANALYSIS: Building Official doe Ryan and I have discussed a variety of ways a permitting system could be established which would present a minimum burden upon both the property owner and the City staff. Our intent is to establish a permitting system which is supportive of the property owner's desire to have a fence, but, which is designed to assure Ordin- ance standards are met. Several key items need review and affirmation (or rejection) by the City Council. Once these have been addressed, we can prepare the necessary code language which could be implemented in a short period of time after adoption by the City Council. The issues that need to be addressed are: 1. How formal should the permitting process be? Should it involve the formal issuance of a permit, as with a Building Permit, including the inspection of the fence when it is completed? Or, should the process be less formal and aimed at having property owners come in and get their proposed plans reviewed, corrected, and endorsed? Paqe two Memorandum to the City Manager City Council Meeting May 2, 1988 April 28, 1988 The former process would generate a record of permitted actions and would provide inspectional service. The latter approach would mainly provide a review service to assure people got a plan approved before building the fence. While formal inspections would not be required with the second approach, we would keep track of the locations where plans had been approved so that a check by the inspector would indicate whether a fence had been approved by the City. A formal inspection program would require time that could take and thus detract from the protective inspection of new construction and existing build- ings that contrasts with the present procedure. An inspector spots fences under construction and generally can tell where height and location problems exist, particularly on corner lots. 2. Should a fee be charged? If the more simplified approach were implemented, the review and authorization service could be provided without cost. The incentive to get a plan approved, i.e., the sanction for erecting a fence without a permit would be the payment of a fee. A variation would be to have a fee for the service except during certain months, say, during the winter, when the service would be free. That would be an incentive for persons to submit their plans early in the year, rather than during the more intense construction season. In any case, is the purpose of the permitting system to encourage residents to get their plans reviewed before construction of the fence or is it also to generate some revenue which would defray the administrative time spent on this activity? The appropriate fee has not been determined; one approach would be to base it on the valuation of the work as with Building Permits. The other approach would be to establish a flat fee. 3. Should the implementation of the permitting system be viewed as an experiment, to be evaluated later, to determine whether it was well accepted and whether it was effective in terms of fewer illegal fences erected? Also, we should be able to evaluate whether there was a cost benefit ratio greater than the present approach. The implementation of a permitting system would be coincident with a public educational campaign whereby printed materials would be made available (there are instructional materials available now) and other media such as "Plymouth on Parade" and cable TV could be used to advertise the new system. RECOMMENDATIONS AND CONCLUSIONS We need response to the questions so that we can complete the necessary code language. I recommend the less formal system of plan approval with no fee or minimal fee, an education campaign, and a Code provision for a penalty fee for "post facto" plan review and approval (the violation of the Ordinance standards would continue as a misdemeanor). CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: April 27, 1988 for City Council meeting of May 2, 1988 TO: Mayor & City Council FROM: games G. Willis, City Manager SUBJECT CITY MANAGER PERFORMANCE AND COMPENSATION REVIEW 1. ACTION REQUESTED: City Council to complete the City Manager's performance and compensation review. 2. BACKGROUND: Since 1971, the City Council has annually conducted a performance and compensation review for my position on or about the 1st of May. In 1985 the process was formalized by the terms of a Letter of Understanding between the Council and myself. Last October the Council revised and updated the written responsibilities of my position and also adopted a performance review checklist. Last Monday evening the City Council met and reviewed my performance against that checklist. At the conclusion of that meeting, the Council indicated that it was satisfied with my performance as City Manager and indicated its intention to increase my compensation by 5%, to $79,500. The attached resolution carries out that intent. JW:kec CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88- 1988 CITY MANAGER PERFORMANCE AND COMPENSATION REVIEW WHEREAS, the City Council and the City Manager have previously entered into a Letter of Understanding providing for annual performance reviews; and WHEREAS, the City Council has completed its annual review of the City Manager's performance and desires to increase his base compensation. NOW, THEREFORE, BE IT HEREBY RESOLVED BY MINNESOTA, that the City Manager's salary year, commencing May 1, 1988. THE CITY COUNCIL OF THE CITY OF PLYMOUTH, be increased from $75,712 to $79,500 per BE IT FURTHER RESOLVED that the Letter of Understanding between the City Council and the City Manager dated May 2, 1988, is hereby approved; and FURTHER, that the Mayor be authorized to execute the agreement on behalf of the City Council. 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.