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.
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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
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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 -
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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
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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
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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.