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HomeMy WebLinkAboutCity Council Packet 05-16-1988CITY OF PLYMOUTH A G E N D A REGULAR COUNCIL MEETING MAY 16, 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. I. CALL TO ORDER 2. INVOCATION 3. ROLL CALL 4. PRESENTATIONS FORUM 7:00 P.M. 7:30 P.M. A. $5,000 contribution for Peace Gardens at Parkers Lake Park B. Preliminary Engineering Feasibility Report by Strgar-Roscoe-Fausch, Inc.: 1) Project 816, Highway 55 and West Medicine Lake Drive area street and utility improvements 2) Project 815, Highway 55 and Revere Lane area street and utility improvements 5. CONSENT AGENDA 6. MINUTES - Approval of Minutes of the Regular Council meeting of May 2, 1988 7. PETITIONS, REQUESTS AND COMMUNICATIONS A. Dean Johnson, Cenvesco, Inc. Final Plat and Development Contract for Quail Ridge of Plymouth 3rd Addn. north of 42nd Ave. and Orchid Lane 87133) _ B. Brad Hoyt, Plymouth Corporate Center. Site Plan, Conditional Use Permit located at 2645 Fernbrook Lane (88003) C. Pat Goff, Goff Homes. Conditional Use Permit and Site Plan for Fernbrook Manor southeast of 45th Ave. and Fernbrook Lane (88019) 7. PETITIONS, REQUESTS AND COMMUNICATIONS D. Streeter Investment. Final Plat for Plymouth4Hills6thAddn. at 34th Ave. and Plymouth Blvd. 87028) E. Randall Nord. Conditional Use Permit Amendment for the addition of a third garage stall on the home at 4420 Harbor Lane in the Kingsview Heights Planned Unit Development (88031) F. Award of Bid: 1) Sewer jet 2) Steel drum roller G. Receive preliminary engineering report and order street lighting improvements for Tyrell 6th Addition H. Approve plans and specifications and advertise for bids for Project 814, Well No. 10 I. Approve change order No. 5 for Project 431, Water Treatment Plant facilities J. Resolution authorizing eminant domain proceeding for Project 648, 10th Ave. improvements K. Approve plans and specifications and advertise for bids for Project 817, Dunkirk Meadows streets and utilities L. Approval of final plans and specifications and authorizing bids for fire stations I and III M. Development contract bond reductions: 1) Bass Lake Estates 2nd Addition (86065) 2) The Meadows of Bass Lake Addition (87059) 3) Wooddale North Addition (84011) N. Ordinance Amendments: 1) Towing ordinance 2) Hunting 3) Amending Sections 100.03 and 100.07 0. Disbursements for period ending April 30, 1988 P. Consessionaire agreement for Zachary and Parkers Lake Parks Q. Remove land parcel from flood plain at 13th Ave. and C.R. 18 8. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS A. City Manager's Performance Objectives - review 9. ADJOURNMENT NA MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 10, 1988 TO: James G. Willis, City Manager FROM: Eric Blank, Director of Parks and Recreation - SUBJECT: DONATION - PARKERS LAKE GARDEN At the May 16 City Council meeting, Tom Bisanz of United Properties and Larry Laukka of Laukka Enterprises, will be present to make a $5,000 contribution to the Parkers Lake Park. This contribution is for the development of the peace garden area near the flags and the pond with the fountain. These two gentlemen have also contributed the cost of the landscape architect for the preparation of the plan for the peace garden area. It is anticipated that the first phase of the memorial garden will be planted sometime this year using the $5,000 donated for this project. EB/np L-13-1 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 12, 1988 For City Council Meeting of May 16, 1988,_ TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Chester J. Harrison, Jr., City Engineer SUBJECT: FEASIBILITY STUDY AND REPORT AT HIGHWAY 55 AND WEST MEDICINE LAKE DRIVE ACCEPTANCE OF REPORT AND AUTHORIZE THE DESIGN OF THIS FACILITY CITY PROJECT NO. 816 I have received the report stated above and recommend the acceptance of the report and ask the City Council to authorize the design of the facilities necessary to construct this frontage road and West Medicine Lake Drive. This will include sanitary sewer, watermain, storm sewer, and street construction (estimate cost $734,400). At the present time we do not have Waiver of Public Hearing, however, the property owner has verbally agreed to pay for the construction of the frontage road east of Medicine Lake Drive and is requesting that the Medicine Lake Drive project be built using Tax Increment Finance Funds. Presently, City staff is working with the developer to build this project to the benefit of both the City and the developer. However, if we cannot reach an agreement, I will be asking the City Council to set a public hearing at some date in the future. Based on the comments herein stated, I am recommending that the Feasibility Study and Report be accepted and that the City Council authorize Strgar-Roscoe-Fausch, Inc. to design the facilities herein stated (See attached resolution). CJH:kh attachment: Resolution Report 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: X3cX adoption: XXX meeting of the City Council of day of XXic introduced the following Resolution and moved its RESOLUTION NO. 88 - ACCEPTING REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS T.H. 55 AND WEST MEDICINE LAKE DRIVE STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 816 WHEREAS, a certain petition requesting the improvement of T.H. 55 Intersection at West Medicine Lake Drive and West Medicine Lake Drive north of T.H. 55 was duly presented to the Council on the 21 day of March, 1988; and WHEREAS , pursuant to resolution of the Council adopted March 21, 1988, a report has been prepared by Strgar-Roscoe-Fausch, Inc. with reference to the improvement and this report was received by the Council on May 16, 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 March 21, 1988. 3. Strgar-Roscoe-Fausch, Inc. is hereby designated as the engineer for this improvement. They shall prepare plans and specifications for the making of such improvement. 4. The construction contract will not be awarded until the owners of Plymouth Point submit the financial guarantee required by the City of Plymouth. 5. The Plans and Specifications shall not proceed until a waiver of assessments is received from the Marcus Development. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX XXX q/3 - a MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 12, 1988 For City Council Meeting of May 16, 1988 TO: James G. Willis, City Manager Through Fred G. Moore,1Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: ACCEPTING THE FEASIBILITY STUDY AND REPORT AT STATE TRUNK HIGHWAY 55 AND REVERE LANE AND AUTHORIZING STRGAR- ROSCOE-FAUSCH, INC. TO DESIGN THE ITEMS LISTED IN THE REPORT CITY PROJECT NO. 815 The City has received a Feasibility Study and Report for the above mentioned project. The City Engineer does hereby recommend acceptance of that report and requests authorization to design the facilities required for this development. The items to be designed include sanitary sewer, watermain, storm sewer, street construction and a traffic signal at Revere Lane and the north frontage road of Highway 55 (estimated cost 2,385,550). The Engineering Department is proposing to assess the cost of this construction to the benefited properties. At this time it is intended that a Waiver of Assessment Public Hearing will be forthcoming. However, if we do not receive the Waiver of Public Hearing, I will be coming back to the City Council setting a date for said public hearing. Based on the Feasibility Study and Report and the proposed cooperation between the benefited properties, I recommend that the City Council direct Strgar-Roscoe-Fausch, Inc. to be authorized to design the improvements herein stated (see attached resolution). Chester J. Harr son, Jr., P.E. CJH:kh attachment: Resolution Report 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 adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - ACCEPTING REPORT, ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS HWY 55 AND REVERE LANE AREA STREET AND UTILITY IMPROVEMENTS CITY PROJECT NO. 815 WHEREAS, a certain petition requesting the improvement of Hwy. 55 and Revere Lane area was duly presented to the Council on the 7th day of March, 1988; and WHEREAS, pursuant to resolution of the Council adopted March 7, 1988, a report has been prepared by Strgar, Roscoe, Fausch, Inc. with reference to the improvement and this report was received by the Council on May 16, 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 March 16, 1988. 3. Strgar, Roscoe, Fausch, Inc. is designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. 4. The construction contract will not be awarded until the owners of Waterford Park Plaza Development and Prime West Business Park submit the financial guarantees required by the City of Plymouth. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. XXX XXX XXX f a M I N U T E S REGULAR COUNCIL MEETING MAY 2, 1988 A regular meeting of the Plymouth City Council was called to order by Mayor Schneider at 7:30 p.m. in the City Council Chambers of the City Center at 3400 Plymouth Boulevard on May 2, 1988. PRESENT: Mayor Schneider, Councilmembers Vasiliou, Ricker, Zitur, and Sisk, City Manager Willis, Assistant Manager Boyles, Community Development Coordinator Dillerud, Finance Director Hahn, Public Works Director Moore, Associate Planner Cottingham, City Attorney Thomson, and City Clerk Brandt ABSENT: None PROCLAMATION Mayor Schneider read a proclamation declaring the week of May 1 PROCLAMATION 7 as "Cities Week" in Plymouth. Item 4 PRESENTATION Keith Bachmann, Bonestroo, Rosene, Anderlik & Associates, show- PRESENTATION ed the projected water usage in the City in the next 20 years. WELL NO. 10 He reported that well No. 10 will be needed by 1990. Construc- Item 5 tion of the well should be started this year. The well should be located at the Zachary Lane site and has an estimated total project cost of $393,000. This is more than wells 8 or 9. Director Moore stated both drilling methods will be bid, but the previous low bidder has since raised his prices since they are the only well driller using this alternate method. MOTION was made by Councilmember Zitur, seconded by Councilmem- RESOLUTION NO. 88-258 ber Ricker, to adopt RESOLUTION NO. 88-258 ORDERING PLANS AND ORDERING PLANS & SPECS SPECIFICATIONS FOR WELL NO. 10, PROJECT NO. 814. WELL NO. 10, PROD. 814 Motion carried on a Roll Call vote, five ayes. Item 5 LEGISLATIVE UPDATE Manager Willis updated the Council on the tax reform bill await- LEGISLATIVE UPDATE ing the governor's signature. Item 6 Regular Council Meeting May 2, 1988 Page 118 CONSENT AGENDA MOTION was made by Councilmember Sisk, seconded by Councilmember CONSENT AGENDA Zitur, to adopt the consent agenda deleting items 9-B and 9-C. Item 7 Motion carried on a Roll Call vote, five ayes. MINUTES MOTION was made by Councilmember Sisk, seconded by Councilmember MINUTES - SPECIAL Zitur, to approve the minutes of the April 25 Special Council MEETING, APRIL 25, Meeting as submitted. 1988 Motion carried on a Roll Call vote, five ayes. Item 8* PETITIONS, REQUESTS AND COMMUNICATIONS Greg Frank, McCombs, Frank, Roos, stated the uses in the exist- ing building are non -conforming. The applicant proposes that the leases will be terminated in another three years to elimi- nate the warehouse uses. He will guarantee the City he will comply and provide a financial guarantee in the amount of 10,000. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-259 Zitur, to adopt RESOLUTION NO. 88-259 APPROVING SITE PLAN AMEND- SITE PLAN AMENDMENT MENT FOR RICHARD NESLUND FOR VICKSBURG PLAZA (87082). VICKSBURG PLAZA 87082) Motion carried on a Roll Call vote, five ayes. Item 9-A MOTION was made by Mayor Schneider, seconded by Councilmember RESOLUTION NO. 88-260 Zitur, to adopt RESOLUTION NO. 88-260 APPROVING LAND USE GUIDE LAND USE GUIDE PLAN PLAN AMENDMENT FOR JOHN DEVRIES (88010). AMENDMENT, JOHN DEVRIES (88010) Motion carried on a Roll Call vote, five ayes. Item 9-B MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, directing staff to work with the developer to prepare and submit the necessary Environmental Assessment Worksheet (EAW) for this project and the extension of Schmidt Lake Road as soon as possible. In any event, the EAW for Schmidt Lake Road, and the necessary permits from the appropriate regulatory agencies, are to be obtained prior to this Council approving a final plat for the proposed development of this property. John DeVries, petitioner, stated the problem with this is that a piece of his land would become undevelopable. The road will be put in as the city needs it. Until then he cannot develop this piece of land. Mayor Schneider stated that, with the present conditions, Zachary Lane couldn't handle traffic from another 200-300 homes. He doesn't favor a development of this size without the connection to Schmidt Lake Road. Regular Council Meeting May 2, 1988 Page 119 Manager Willis stated the City will be the petitioning agency for these permits and will work with Mr. DeVries to get them. Motion carried, five ayes. Councilmember Sisk stated his concern with the City asking for reguiding of LA -1 to LA -2 land whether or not underlying proper- ty owners were aware of the change. Manager Willis answered that Schmidt Lake Road was designed to fall between the two land use classes. Because of the wetland, it is appropriate that the road be continued as the transition as planned. The two underlying land owners are aware of the proposed change. Coordinator Dillerud stated the property owners were notified and did not appear at the Planning Commission public hearing. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Ricker, to adopt RESOLUTION NO. 88-261 APPROVING LAND USF GUIDE PLAN AMENDMENT FOR THE CITY OF PLYMOUTH (88034). Motion carried on a Roll Call vote, five ayes. Coordinator Dillerud stated the proposal is for a comprehensive plan amendment with an RPUD concept plan. Part of the site is already developed. The petitioner is asking to change sewer districts. The reason the Planning Commission recommended deni- al is the non-inclusion of abutting property and the general design of the project. The petitioner has suggested how adjoin- ing properties could develop. Greg Frank, McCombs, Frank, Roos, stated they are not asking for a reguiding, only a comprehensive plan amendment and concept plan approval. He pointed out that double homes are allowable uses in an R-3 district with a conditional use permit. He show- ed the topographical map of the site and explained how the tele- phone property was included. They would agree not to ask for the bonus point it would provide. They are trying to preserve the wooded area by putting the buildings on top of the hill. He pointed out that 41st Ave. is intended to go through and the non-inclusion of the three properties on C.R. 9 is not signifi- cant. They have tried to negotiate the inclusion of another site to the east, however, they would plan for the cul-de-sac to allow for its future development flexibility. Kevin Begin, 4300 Fernbrook Lane, stated he opposed the project because of its impact to the sanitary sewer and the change in proposed drainage. Director Moore stated the sanitary sewer change would have no effect on the system or capacity. LAND USE GUIDE PLAN AMENDMENT, CITY OF PLYMOUTH (88034) Item 9-C RESOLUTION NO. 88-261 LAND USE GUIDE PLAN AMENDMENT, CITY OF PLYMOUTH (88034) Item 9-C PUD CONCEPT PLAN WALLY ANDERSON (88015) Item 9-D Regular Council Meeting May 2, 1988 Page 120 Manager Willis stated the City considers this one tax parcel and the Council has not divided it into three. Mr. Frank stated he is proposing a sanitary sewer stub to the property owned by Kevin Begin. Manager Willis stated the Planning Commission and staff know there is a drainage swale which would have to be improved or maintained to drain the land. Robert Cronberg, 14114 C.R. 9, stated he had not been contacted to be included in the development. His concern is what can they look at in the future. Wally Anderson, petitioner, stated he understood that his agent had contacted all the adjacent property owners and they were not interested. Dan Begin, 15335 67th Ave., stated his mother, who is the owner of record, had not been contacted by Mr. Anderson. Planner Cottingham stated that, with the tot lots and trails, there would be adequate open space for the single family devel- opment. The multiple family had enough with the wooded lots. The question was how much would the City want graded out to make usable" space. Mr. Frank stated the park land provided is 12.9 acres of which 5.5 acres are above the high water mark. Councilmember Sisk stated he doesn't believe the City should re- quire the developer to purchase the adjoining properties at the prices being asked for them. MOTION was made by Councilmember Sisk, to adopt RESOLUTION NO. 88- APPROVING COMPREHENSIVE PLAN AMENDMENTS FOR WALLY ANDERSON, ARADCO (88015). Motion dies for lack of a second. MOTION was made by Mayor Schneider, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88- DENYING RESIDENTIAL PLAN- NED UNIT DEVELOPMENT CONCEPT PLAN FOR WALLY ANDERSON, ARADCO 88015). Planner Cottingham explained the discussion at the Planning Com- mission over the use of the one acre parcels for double homes. Manager Willis stated the zoning ordinance permits conditional use permits in the R-3 zone for double homes. Councilmember Vasiliou stated one of the attributes of a PUD is design and this is not a good design. Regular Council Meeting May 2, 1988 Page 121 Mr. Frank stated they would be pleased to redesign the site. SUBSTITUTE MOTION was made by Councilmember Sisk, seconded byCouncilmemberZitur, to defer action for redesign by the peti- tioner, and refer the matter back to the Planning Commission. Councilmember Sisk pointed out that the Development Review Com- mittee had recommended approval of the project as submitted. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-262Zitur, to adopt RESOLUTION NO. 88-262 APPROVING A CONDITIONAL C.U.P. AMENDMENTUSEPERMITAMENDMENTFORRICHARDFYOCK, PRUDENTIAL SCANTICON PRUDENTIAL SCANTICONCONFERENCECENTERFORSCANTICON-MINNEAPOLIS FITNESS CENTER 88017) 88017). Item 9-E* Motion carried on a Roll Call vote, five ayes. Greg Kopischke, Westwood Planning, stated they are trying to PRELIMINARY PLAT move quickly to remove the house presently on the site. They SUSSEX SQUARE DEV. would like to request a variance for a grade of steeper than 7% 88025) on one of the entry roads. Some existing trees will be relocat- Item 9-F ed or moved off site because there may not be room for them all on site. Director Moore pointed out that 29th Ave. will go to the north and then west to Hwy 101 in the future as the property to the west develops. The developer, with the use of retaining walls, could construct the street within ordinance limits of grade. Mr. Kopischke stated their concern is the grade line on one specific lot. Manager Willis stated that the way the site is platted deter- mines the grade and, if the lots extended further to the west, there would be a flatter grade. Mr. Kopischke pointed out that there would only be 11 houses on the 10 acres which would create a very low traffic flow for this road. Councilmember Sisk was concerned with the gradations of the land, flow of water, and sharpness of the turns on 29th Ave. Director Moore stated he was not concerned with the water flow- ing the way it is planned except there may have to be more storm sewer constructed. MOTION was made by Councilmember Sisk, seconded by Councilmember Vasiliou, to defer for redesign. Regular Council Meeting May 2, 1988 Page 122 SUBSTITUTE MOTION was made by Mayor Schneider, seconded by Coun- cilmember Ricker, to adopt RESOLUTION NO. 88-263 APPROVING PRE- LIMINARY PLAT AND VARIANCES FOR NINA WILDMAN, SUSSEX SQUARE DEVELOPMENT FOR SHILOH PINES (88025) adding condition #10 as follows: "Preliminary plan is amended to show retaining walls built north and south of new 29th Ave. on the east side of the property to minimize the destruction of the trees and, further, that preliminary plan shall be amended to protect a significant number of the trees along the east property line." Discussion followed on the three to one slope in the backyard of some lots. MOTION was made by Mayor Schneider, seconded by Councilmember Ricker, to amend to delete condition #24F of the engineer's memo. Motion to amend failed, two ayes. Councilmembers Zitur, Sisk, and Vasiliou voted nay. Motion carried on a Roll Call vote, three ayes. Councilmembers Sisk and Vasiliou voted nay. Dickman Knutson stated he did not receive the letter with the engineer's memo which he should have received in January, 1987. He summarized the timing of his transactions with the City. Director Moore stated the normal procedure is that the letter and development contract are completed at the same time. The developer sometimes picks them up instead of the City mailing them. The letter was in the file and he believes Mr. Knutson received the same letter on the first, second, and third addi- tions as well. Mayor Schneider stated he finds it hard to believe Mr. Knutson didn't know about this policy of removing items from the agenda if the development contract wasn't signed. Mr. Knutson stated the developer's attorney used to check the engineer's memo and he did not go through the contract, there- fore, he was not aware of the oolicv. MOTION was made by Councilmember Zitur, seconded by Councilmem- ber Ricker, to remove this item from the table. Motion carried, five ayes. MOTION was made by Councilmember Vasiliou, seconded by Council - member Ricker, to confirm the development contract as originally executed. Motion carried, three ayes. Councilmembers Sisk and Zitur voted nay. RESOLUTION NO. 88-263 PRELIMINARY PLAT & VARIANCES, SUSSEX SQUARE DEV. (88025) Item 9-F BLH REQUEST ASSESSMENT REDUCTION 85126) Item 9-G 1 Regular Council Meeting May 2, 1988 Page 123 MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-264 REDUCING DEVELOPMENT BOND, BASS LAKE ESTATES ADDITION (84091). Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-265 ORDERING PUBLIC HEARING ON THE PROPOSED VACATION OF DRAINAGE AND PONDING EASEMENTS, OUTLOTS O AND K, STEEPLECHASE 3RD ADDITION for June 6, 1988 at 7:30 p.m. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-266 APPROVING PLANS AND SPECI- FICATIONS AND ORDERING ADVERTISEMENT FOR BIDS, WOODCREEK ADDI- TION STORM SEWER IMPROVEMENTS, CITY PROJECT NO. 660, 22ND AVENUE UTILITY AND STREET IMPROVEMENTS, CITY PROJECT NO. 813. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-267 DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT, STREET LIGHTING, PONDS NORTH ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-268 RECEIVING REPORT AND ORDERING PROJECT, STREET LIGHTING, PONDS NORTH ADDITION. Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, to adopt RESOLUTION NO. 88-269 ADOPTING ASSESSMENTS, PRO- JECT NO.819, SANITARY SEWER AND WATERMAIN AREA, WILLOW GROVE OFFICE PARK SECOND ADDITION in the amount of $15,281.25. Motion carried on a Roll Call vote, five ayes. RESOLUTION NO. 88-264 BOND REDUCTION BASS LAKE ESTATES 84091) Item 9-H* RESOLUTION NO. 88-265 ORDERING HEARING EASEMENT VACATION STEEPLECHASE 3RD Item 9-I* RESOLUTION NO. 88-266 ORDERING PLANS & SPECS WOODCREEK ADDN. & 22ND AVE. IMPROVEMENTS PROJECTS 660 & 813 Item 9-J* RESOLUTION NO. 88-267 ORDERING REPORT STREET LIGHTING PONDS NORTH ADDN. Item 9-K* RESOLUTION NO. 88-268 ORDERING PROJECT STREET LIGHTING PONDS NORTH ADDN. Item 9-K* RESOLUTION NO. 88-269 ADOPTING ASSESSMENTS SEWER & WATERMAIN WILLOW GROVE OFFICE PARK 2ND, PROD. 819 Item 9-L* MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-270 Zitur, to adopt RESOLUTION NO. 88-270 APPROVING THE PLACEMENT OF AUTHORIZING NO PARKING NO PARKING SIGNS ON VARIOUS STREETS. SIGNS Item 9-M* Motion carried on a Roll Call vote, five ayes. MOTION was made by Councilmember Sisk, seconded by Councilmember RESOLUTION NO. 88-271 Zitur, to adopt RESOLUTION NO. 88-271 ORDERING PUBLIC HEARING ON ORDERING HEARING THE PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENTS AND EASEMENT VACATION DRAINAGE EASEMENTS FOR PONDING PURPOSES, LOT 2, BLOCK 1, GROVES GROVES OFFICE PARK OFFICE PARK. Item 9-N* Motion carried on a Roll Call vote, five ayes. Regular Council Meeting May 2, 1988 Page 124 Councilmember Zitur asked if the last three neighborhood parks AWARD OF BID built had parking lots. ST. MARY'S PARK Director Blank stated that only one had parking. The big demand PROJECT 808 Item 9-0 for the park would be in the summer. The floating boardwalk is part of the bid and he believes it would be better if contracted out instead of having it built by the tree trust. Councilmember Sisk stated he doesn't see any sense in deleting the parking lot as it is within the budget. MOTION was made by Councilmember Ricker, seconded by Councilmem- RESOLUTION NO. 88-272berSisk, to adopt RESOLUTION NO. 88-272 AWARDING CONTRACT FOR AWARD OF BIDPROJECTNO. 808, ST. MARY'S NEIGHBORHOOD PARK to Matt Bullock ST. MARY'S PARK Contracting Co., Inc. in the amount of $81,306. PROJECT 808 SUBSTITUTE MOTION was made by Councilmember Zitur, seconded by Item 9-0 Councilmember Sisk, to amend to add the parking lot at a cost of7,685. Discussion continued on the need for the parking lot being con- structed now. Substitute motion carried on a Roll Call vote, four ayes. Coun- cilmember Ricker voted nay. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS Director Hahn reported on the savings realized by the City by ANNUAL RISK MANAGEMENTselfinsuring. REPORT Councilmember Ricker commented that the city is a long way from Item 10-A having adequate self insurance reserves, however. Manager Willis stated the recommendation is to try a procedure FENCE PERMITS of City review of plans with an informal permit being issued to Item 10-8 give residents a better understanding of the ordinance and to get compliance. There would be no fee unless there is a problem and enforcement is needed. Building Official Ryan stated that either himself or his assis- tant would review the plans as submitted. Manager Willis stated the payoff is that, as more people under- stand the requirements, it will take less time for staff to deal with complaints on in-place fences. MOTION was made by Councilmember Sisk, seconded by Councilmember Zitur, directing staff to take the informal approach with no fee and draft an ordinance amendment. Motion carried, five ayes. 1 Regular Council Meeting May 2, 1988 Page 125 MOTION was made by Mayor Schneider, seconded by Councilmember Sisk, to adopt RESOLUTION NO. 88-273 1988 CITY MANAGER PERFORM- ANCE AND COMPENSATION REVIEW. Motion carried on a Roll Call vote, five ayes. The meeting adjourned at 11:10 p.m. City Clerk RESOLUTION NO. 88-273 1988 CITY MANAGER REVIEW & COMPENSATION Item 10-C CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 10, 1988 for City Council Meeting May 16, 1988 TO: James G. Willis, City Manager FROM: Blair Tremere, Community Development Director SUBJECT DEAN JOHNSON, CENVESCO, INC. FINAL PLAT AND DEVELOPMENT CONTRACT FOR QUAIL RIDGE OF PLYMOUTH 3RD ADDITION (87133) (RPUD 85-5) ACTION REQUESTED: Adopt the attached Resolutions approving the Final Plat and Development Contract, Assessments, and establish conditions to be met prior to filing the Final Plat with Hennepin County. The petitioner was provided a copy of the Development Contract and has returned an executed copy. BACKGROUND: The petitioner requests approval of the Final Plat for Quail Ridge of Plymouth 3rd Addition that calls for 35 single family residential lots and four outlots located north of 42nd Avenue North and Orchid Lane. PRIMARY ISSUES AND ANALYSIS: The Development Review Committee has reviewed the proposal and finds it in substantial compliance with the approved preliminary plat and Resolution No. 83-125. Grading in this area has resulted in calls to the City and the Mayor asked that the petitioner be informed that the preservation of natural features and trees would likely be discusssed at this time. RECOMMENDATIONS: The Final Plat for this plan should be approved subject to the recommended conditions and any others the Council deems necessary. AttarhmPnt-;! 1. Resolution Approving Final Plat 2. Resolution Setting Conditions for Filing Final Plat 3. Resolution Adopting Assessments 4. Location Map 5. Letter to Petitioner 6. Development Contract 7. Final Plat 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 FINAL PLAT AND DEVELOPMENT CONTRACT FOR QUAIL RIDGE OF PLYMOUTH 3RD ADDITION FOR DEAN JOHNSON, CENVESCO, INC. (87133) (RPUD 85-5) WHEREAS, Dean Johnson, Cenvesco, Inc. has requested approval for a Final Plat for Quail Ridge of Plymouth 3rd Addition for 35 single family residential lots and four outlots located north of 42nd Avenue North and Orchid Lane; and, WHEREAS, the City staff has prepared a Development Contract covering the improvements related to said plat; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Dean Johnson, Cenvesco, Inc., for Quail Ridge of Plymouth 3rd Addition located north of 42nd Avenue North and Orchid Lane; and, FURTHER, that the Development Contract for said plat be approved, and that the Mayor and City Manager be authorized to execute the Development Contract on behalf of the City. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19_ The following members were present: _ The following members were absent: introduced the followinq Resolution and moved its adoption: RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR QUAIL RIDGE OF PLYMOUTH 3RD ADDITION FOR DEAN JOHNSON, CENVESCO, INC. (87133) (RPUD 85-5) WHEREAS, the City Council has approved the Final Plat and Development Contract for Quail Ridqe of Plymouth 3rd Addition as requested by Dean Johnson, Cenvesco, Inc.; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication has been satisfied through previous additions. 3. No Buildinq Permits shall be issued until a Contract has been awarded for the con- struction of municipal sewer and water. 4. Removal of all dead or dying trees from the property at the owner's expense. 5. 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. 6. No yard setback variances are granted or implied. 7. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. S. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. 9. Appropriate legal documents regarding Homeowner Association covenants and restric- tions as approved by the City Attorney, shall be filed with the Final Plat. The motion for adoption of the foregoinq Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: X1fX adoption: meeting of the City Council of the X -kX introduced the following Resolution and moved its RESOLUTION N0. 88 - ADOPTING ASSESSMENTS PROJECT NO 820 SANITARY SEWER AND WATERMAIN AREA - QUAIL RIDGE OF PLYMOUTH 3RD ADDITION XXK WHEREAS, in conformance with the development contract, we have received a Waiver of Assessment Hearing from the property owner of Quail Ridge of Plymouth 3rd 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. Stich 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 $37,275. 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 ) CXX X)tX 3 _ Al VA or- W fs 0 May 2, 1988 Mr. Dean R. Johnson Dean R. Johnson Construction Co. 3650 Annapolis Lane Plymouth, MN 55441 SUBJECT QUAIL RIDGE DEVELOPMENT Dear Mr. Johnson: CITY O PVMOUTF+ Mayor Schneider asked that I write you regarding the development of the Quail Ridge 3rd and 4th Additions. He requests that you be prepared to discuss with the City Council when these plats come forward, how you are assuring the protection of the natural features of the property and the retention of trees. You and your engineer Mr. Hedlund discussed these matters with the Planning Commission on September 11, 1985 at the Public Hearing. The Mayor had been called to the site by neighboring property owners who seek assurance that the assurances you expressed will be realized. I recommend that you have Mr. Hedlund present so that the protection of the natural features of the property and the retention of as many trees as possible can be clarified. Questions regarding this may directed to me or to Community Development Coordinator Chuck Dillerud. Si e , a N 1 1 • Blair Tremere, Direct Community Development BT/gw cc: Mayor Virgil Schneider Community Development Coordinator Chuck Dillerud File/Quail Ridge 3rd Addn (87133) File/Quail Ridge 4th Addn (87134) 3400 PLYMOUTH BOULEVARD. PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 SPECIAL CONDITIONS FOR SUBDIVISION DEVELOPMENT CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA 1. SCOPE OF WORK The Developer shall provide the City with plans and specifications for the construction of the following for the plat of Quail Ridge of Plymouth 3rd Addition 1. Streets 2. Sanitary Sewer 3. Watermain 4. Storm Drainage Facilities (pipe, water, ponds, etc.) 5. Grading and Erosion Control 6. Miscellaneous Facilities 1.2 Said plans and specifications shall be prepared by a Registered Professional Engineer subject to review and written approval by the City Engineer. They shall be prepared in accordance with the Manual of Engineering Guidelines, City of Plymouth Engineering Department." This manual outlines City standard materials, drawings and procedures which shall be adhered to for the above mentioned plat. 1.3 Changes in plans for the purpose of saving trees and other desirable features on private property and on streets will be permitted, providing revised plans and specifications are submitted and approved in writing by the City Engineer prior to the making of any contemplated change. In the event changes are made which affect occupied residences, such changes shall be discussed with the affected owner and their approval secured in writing. 2. STREETS 2.1 General The following streets are to be constructed by the Developer to City Standards including concrete curb and gutter: a. Residential Streets Thirty-two (32') wide concrete curb and gutter in conformance with City 43rd Avenue North Niagara Lane Orchid Lane Polaris Lane face to face curb, seven ton design with design Standard Surountable Standard Plate No. STRT-2 no 2. STREETS (continued) b. Collector and/or Thoroughfare Streets feet wide face to face curb, nine ton design with concrete curb and gutter design B-618 in conformance with Standard Plate No. None 2.2 Sub -grade Unsuitable soil shall be excavated within three feet (3') of sub -grade. The Developer shall furnish a complete soils report which shall include recommendations as to the sub -grade correction, etc. 2.3 Sub -base Shall be constructed in accordance with the typical section shown on the approved plans. 2.4 Base Shall be constructed in accordance with the typical section shown on the approved plans. 2.5 Surfacing Shall be constructed in accordance with the typical section shown on the approved plans. 3. UTILITIES 3.1 Sanitary Sewer Shall be constructed in accordance with the approved plans and specifications; and the City Master Sanitary Sewer Plan adopted November 15, 1982. 3.2 Storm Sewer Storm sewer as well as all drainage ways and ponds shall be constructed in accordance with the approved plans and specifications and shall conform to the City of Plymouth Master Storm Drainage Plan adopted November 15, 1982, and the appropriate watershed district requirements where applicable. 3.3 Watermains Watermains shall be constructed in accordance with the approved plans and specifications and the City Master Water Distribution Plan adopted November 15, 1982. 3.4 Private Utilities The developer shall be responsible for the installation of telephone, electrical and natural gas service. The required utilities shall not be installed until the boulevard or utility easements have been graded. All such utilities shall be installed underground. 7 4. MISCELLANEOUS 4.1 Street signs shall be required at each street intersection at the cost of the Developer. The City will furnish and install said signs and bill the Developer for said work. 4.2 The Developer shall furnish all Engineering services as outlined in the Manual of Engineering Guidelines, City of Plymouth Engineering Department. 4.3 Engineering services furnished by the City: The City will not exercise direct supervision and inspection of the work during the construction operations. The City Engineer or his representative will make periodic inspection of the work and will consult with the Developer's Engineer in regard to engineering problems concerning the work and observe all tests and conduct the final inspection as outlined in the "Manual of Engineering Guidelines, City of Plymouth Engineering Department. The Developer shall pay to the City Treasurer upon execution of this Contract *Five Thousand Sixty and 57/100----Dollars($5,060.57) to cover all City administration cost required in preparing and administering this Contract. * $202,423 x 2.5% = $5,060.57 4.4 The Developer shall do all site grading, including building sites, common greenway and open space areas, ponds, and surface drainage ways, and all private streets in accordance with the approved grading, drainage and site plan. The plan shall indicate, by arrows, how the drainage will be directed on the site. The Developer shall submit an erosion and sediment control plan in accordance with the City Policy dealing with Erosion and Sediment Control, Resolution No. 84-760 or its latest revision. The Developer shall be responsible for maintaining this plan and to assure his compliance with said plan and to provide for the cleaning of storm sewer, ditches, ponds, etc., necessitated by erosion from said land development, the Developer's bond will include said maintenance costs as shown in Paragraph 8.1, Maintenance of Erosion and Sediment Control Plan. 4.5 All boulevards shall be sodded by September 1 , 19 89 5. Setting of Lot and Block Monuments The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be placed after all street and lawn grading has been completed in order to preserve the lot markers for future property owners. 9 6. Guarantee of Performance by Developer 6.1 In the event the Developer requires building permits prior to completion of all improvements as listed in Paragraph 8, he shall furnish a certified check, certificate of deposit, or irrevocable letter of credit in the amount of $_202,423 as shown in Paragraph 8, or a surety bond in the amount of $ 303.634 , which is 150% of the cost requirement in Paragraph 8. 6.2 Reduction in cash escrow or surety bond guarantee may be granted upon written request by the Developer based upon the value of the completed improvements at the time of the requested reduction. The amount of the reduction will be submitted to the City Council for action. 6.3 The cash escrow or surety bond shall not be reduced to less than 20% twenty percent) until all sewer, watermain, drainage systems and streets and other work covered by this contract are completed and approved by the City. 6.4 Prior to commencing any grading, a cash deposit in the amount of $-0- and an irrevocable letter of credit in the amount of $ -0- as shown in Paragraph 8.1, shall be furnished by the developer. 7. Public Liability and Property Damage Insurance The Developer shall furnish the City of Plymouth Public Liability Insurance in the amount of One Hundred Thousand Dollars ($100,000) and Two Hundred Fifty Thousand Dollars ($250,000) and Property Damage Insurance in the amount of Five Thousand Dollars ($5,000) and Twenty-five Thousand Dollars ($25,000). These insurance policies shall accompany the contract for its execution by the Developer and the City of Plymouth. These insurance policies shall be in full force and effect during the life of this contract. 8. Estimated Cost Subdivision Development The following items shall be the responsibility of the Developer and shall be covered by an escrow guarantee (bond, cash, certificate of deposit, letter of credit, etc.) as specified: 9 Design, Admin., Insp., As-Builts 20 848 840 21,688 12%) TOTAL: S 194,583__ $ 7,840 $ 202,423 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total Grading Permit Issued No. 12929 10 ESTIMATED, COSTS Public( 1) Private Total ITEM 74,360 0- 74,360 Street Construction 46 969 0- 46.969 Sanitary Sewer System 44,515 0- 44,515 Watermain System 7741 0- 7,741 Storm Sewer System Boulevard and Drainage Swale Sod 0_ 7.000_ 7,000 Pond or Ditch Construction 150 0- 150 Street Signs (1 x 150) Park & Trail Improvements Site Grading & Drainage Improvement Grading Permit NO. 12929 0- 173,735 7,000_ 180,735 SUB -TOTAL: Design, Admin., Insp., As-Builts 20 848 840 21,688 12%) TOTAL: S 194,583__ $ 7,840 $ 202,423 1) Public - City to own and/or maintain after development completed. 2) Private - Property owner and/or property owners' association to maintain after development completed. 8.1 Maintenance of Erosion and Sediment Control Plan, Street Sweeping and Storm Sewer Cleaning Letter of Cash Credit Total Grading Permit Issued No. 12929 10 8.2 The water and sanitary sewer area type assessments for this development are as follows: Watermain Area Assessment 35 units x $685/unit = $23,975 Sanitary Sewer Area Assessment35 units x $S380/unit = 13.300 Total Assessment 37,275 The Developer understands and agrees to these charges, and hereby waives his right to a public hearing with respect to them. The water and sanitary sewer Residential Equivalent Connection (REC) charges for the lots to be developed shall be computed at the time of connection to the municipal utility system. The Developer understands that the aforementioned REC charges shall be paid for each dwelling unit prior to the issuance of a building or plumbing permit for the dwelling unit. 9. Street Maintenance During Construction The Developer shall be responsible for all street maintenance until the streets are accepted by the City. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when streets become impassable, such streets shall be barricaded and closed. In the event residences are occupied prior to completing streets, the Developer shall maintain a smooth surface and provide proper surface drainage. The developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill or wash onto the street from his operation. The developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from said streets prior to final acceptance of said streets. The City shall not be responsible for reshaping said streets because of snow plowing operations, and if they are requested and providing snow plowing service, it does not constitute final acceptance of said streets. 9.1 The developer shall contract for street cleaning within and immediately adjacent to the development. A copy of this contract shall be approved by the City before grading is started. 10. Acceptance of Subdivision in Units The City of Plymouth will accept complete in units of one (1) block which have been completed in accordance with the provisions of this 11 10. Acceptance of Subdivision in Units (continued) contract. The Developer shall furnish a progress schedule for the construction of streets in the subdivision. Requests for acceptance of streets shall be made in writing by the Developer. The Developer shall furnish certificates of completion as outlined in Paragraph 11.1 herein for each unit completed, certifying that work has been completed in accordance with the terms of this contract, and shall also furnish mylar as -built" reproducibles for all phases of construction included in this contract. 11. Acceptance of Completed Subdivision 11.1 Prior to acceptance of the completed subdivision by City Council, it will be necessary to furnish the following affidavits: a. Contractor's Certificate b. Engineer's Certificate C. Land Surveyor's Certificate d. Developer's Certificate certifying that all construction has been completed in accordance with the terms of the contract. 11.2 All necessary forms will be furnished by the City of Plymouth. 11.3 Upon receipt of affidavits (Paragraph 11.1 above) and recommendation by the City Engineer that completed work be accepted, the City Council will be requested to accept the completed public improvements. Acceptance will be by formal Resolution of the City Council. 12. Plat Approval 12.1 Preliminary Plat was approved by Resolution No. 85-744 by the City Council on September 23, 1985 subject to Sixteen (16) conditions. 12.2 Final Plat and Development Contract were approved by Resolution No. by the City Council on 13. Land Dedicated for Public Use, Parks and Private Recreation Areas 13.1 Park Dedication has been satisfied with previous additions. 14. Other Requirements 14.1 Compliance with the City Engineer's Memorandum. 14.2 Removal of all dead or dying trees from the property at the owner's expense. 14.3 No building permits shall be issued until a contract has been awarded for sewer and water. 14.4 Street names shall comply with the City Street Naming System. 12 14. Other Requirements (continued) 14.5 Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 14.6 No building permits shall be issued until the Final Plat is filed and recorded with Hennepin County. 14.7 Final Plat Mylars shall refer to RPUD No. 85-5. 14.8 st legal documents iserHomeowner Association documents, covenants andAppropriate as approved bythe CityAttorney, shall he filed with the Final Plat. 14.9 Minimum lot size shall be 11,000 sq. ft.; maximum lot coverage shall be 20 percent; minimum front yard setbacks shall be 30 ft. except for those lots along County Road 9 which shall have a minimum 50 ft. setback to County Road 9; minimum rear yard setback shall be 20 ft.; and, minimum side yard setbacks shall be 10 ft. 14.10 Maximum number of dwelling units shall be 141 units. 14.11 Submission of required financial guarantee and Site Performance Agreement for completion of site improvements prior to the issuance of building permits. 14.12 The site improvements must be completed prior to the issuance of a building permit for the 4th Addition. 13 City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: April 21, 1988 FILE NO.: 87133 PETITIONER: Gary Persons - Dean Johnson - 3650 Annapolis Lane - Plymouth, MN 55441 FINAL PLAT: Quail Ridge of Plymouth 3rd Addition LOCATION: North of County Road 9, East of Vicksburg Lane, West of Juneau Lane, in the Northeast 1/4 of Section 15. N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: Watermain area assessment h--. on as ed on 35 units x 5685/unit = S23_,975. Sanitary sewer area assessment bas units x S380/unit = S13.300. 5. Other additional assessments estimated: None 6. X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet 10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7, X All standard utility easements required for construction are provided - The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: 8, X Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. A drainaee easement shall be Drovided over Outlot B to an elevation of 969,0 A draina a easement and a drainage easement for pondinoses in Outlot D to an elevation of 966.0. 9. X All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subiect property is abstract property, then this requirement does not apply for temporary cul-de-sacs on Nia¢ara and Polaris Lane. It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. X All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR (Let.10/15/87) Bassett Creek(Let.10/9/87) Mn DOT Minnehaha Creek Hennepin County Elm Creek MPCA Permit 15385 Shingle Creek State Health Department Army Corps of Engineers Permit 80973 Other 2 N/A Yes No 12. — X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X _ _ Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. X All existing street rights-of-way are required width - Additional right-of-way will be required on UTILITIES: 16. _ X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 N/A Yes No 17. _ X Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). 18. X _ Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. 19. Minimum basement elevations - Minimum basement elevations must be established for the following lots. tot 1 Block 1 and Lot 1, Block 2 should have minimum basement elevations of 968--Q- 20. _ X The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: 21. _ X The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 N/A Yes No 22, _ X It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tai. 23. X Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Grading Permit #12929. 24. A. On Signature Page change manager to clerk. Submitted by: Z, Chester J. arrison, Jr. City Engineer 5 p 1 - w c is S S t C 0 C i v n T O T r O v a v v r; i CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 11, 1988 for City Council Meeting May 16, 1988 TO: dames G. Willis, City Manager FROM: a( - Blair Tremere, Community Development Director ,rte SUBJECT BRADLEY HOYT, PLYMOUTH PARTNERS. REVISED SITE PLAN AND CONDITIONAL USE PERMIT (88003) ACTION REQUESTED: Approve the attached Resolution for the Revised Site Plan and Conditional Use Permit to allow the area of office use in an industrial building to exceed 50% of the gross floor area. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on April 27, 1988 and recommended approval by unanimous vote. PRIMARY ISSUES AND ANALYSIS: The petitioner indicated he understands the language of Condition No. 8, and the possibility the additional parking might be warranted regardless of the percentage the office occupancy represents of the total. RECOMMENDATIONS AND CONCLUSIONS: I recommend approval subject to the conditions listed. I added Condition No. 9 as a clarification of the Site Plan amendments. Att.nhmnntc 1. Resolution Approving Revised Site Plan and Conditional Use Permit 2. April 27, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meetinq of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING REVISED SITE PLAN AND CONDITIONAL USE PERMIT FOR HOYT DEVELOPMENT (88009) WHEREAS, Hoyt Development has requested approval of a Revised Site Plan and Conditional Use Permit to allow occupancy of more than 50% of the qross floor area for office use in an existing industrial building located at 2645 Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does approve the request for Hoyt Development for a Revised Site Plan and Conditional Use Permit to allow occupancy of more than 50% gross floor area for office use in the existing industrial building located at 2645 Fernbrook Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Submission of required financial guarantee and Site Performance Agreement for completion of site improvements. 3. Any signage shall be in compliance with the Ordinance. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. 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. 6. The Conditional Use Permit allows an occupancy mix of 57% office and 43% ware- house/distribution and shall be reviewed annually to assure compliance with the conditions. 7. All parking shall be off-street in designated areas which comply with the Zoning Ordinance. PLEASE SEE PAGE TWO Page two Resolution No. 88- 8. Appropriate legal documents establishing a covenant on the property shall be approved by the City Attorney and filed at Hennepin County prior to issuance of a building permit, identifying that installation of some required parking has been deferred, and the future use of the building may require the construction of a parking ramp, as shown on plans on file with the City, to satisfy Ordinance parking requirements. 9. The approved Site Plan revisions are inclusive of the proposed immediate improvements as well as the potential parking facilities that are deferred, but which may be needed in the future. 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 101 Planning Commission Minutes April 27, 1988 In further discussion, it was noted t the 10 ft. side yard setback represents a reduction rom the City's normal standard of 15 ft. It was clan' led that approval of this specific plan would not app throughout the development as a variation of the side y, d setback. MOTION by Chairman auba, seconded by Commissioner Stulberg, to recommend dal of the Conditional Use Permit Amendment request by Vndall Nord for the reasons cited in the draft recommendation. NOTION TO DENY Roll Call Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED OLD BUSINESS Chairman Pauba asked for a review of the March 28, 1988 staff report and the April 22, 1988 Memorandum. Director Tremere explained that the petitioner had not been repre- sented at the first meeting_ and the Commission had deferred the item to this meeting. He also noted that, in response to an inquiry by Commissioner Marofsky, it had been verified that the Commission would in effect be actinq upon a revised Site Plan including the potential for a new structural addition in the form of a parking ramp. The petitioner has submitted plans showing the profile of such an addition if it were necessary. Chairman Pauba recognized Mr. Bradley Hoyt, who further explained the proposal and stated they did riot expect to have to build the ramp but were prepared to show it. Commissioner Zylla asked the petitioner whether he under- stood and agreed to proposed Condition No. 8. Mr. Hoyt responded in the affirmative. Extensive discussion ensued and Director Tremere explained the recent City Council action regarding another developer who had appealed that requirement. Commissioner Marofsky stated it was important for the petitioner to realize that a ramp could be required at any time based upon the determination that a parking problem existed, notwithstanding the specific percentage of the building devoted to office space. Mr. Hoyt stated he under- stood that but felt the ramp would never be needed as a practical matter. He stated that as a matter of economics, it would even be questionable whether it was worth retaining the building if in fact a parking ramp were needed. Director Tremere explained that as a matter of enforcement, a perceived parking problem could be resolved in many ways before the remedy of a ramp was needed. BRADLEY HOYT REVISED SITE PLAN CONDITIONAL USE PERMIT (88003) Page 102 Planning Commission Minutse April 27, 1988 He explained the City Council's purpose of requiring the covenant was to flag that possibility for future owners. MOTION by Commissioner Wire, seconded by Commissioner MOTION TO APPROVE Stulberg, to recommend approval of the Conditional Use Permit and Site Plan Amendment for Bradley Hoyt, subject to the eight conditions listed in the draft recommendation. Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED APPROVAL OF MINUTES MOTION by Commissioner Zylla, seconded by Commissioner MOTION TO APPROVE Marofsky, to approve the Minutes of the April 13, 1988 meet- ing, noting two grammatical changes. Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED OTHER BUSINESS___ - __ Director Tremere distributed additional information from Barton-Asc7tna-n Associates regarding the City's parking standards and the study they made of those standards. He stated the Commission had directed the preparation of additional information based upon the City's standards and this would be available at the next meeting. Extensive discussion ensued about the appropriateness of reducing City parking standards when there did not appear to be a pressing problem other than the desire of property owners and developers to increase the amount of buildable land. Commissioner Wire stated he was particularly concerned that evidence might seem to indicate today that a- particular shopping center and its tenant mix did not need as many spaces; however, the zoning, such as B-3, might alAow more intense uses that would generate a higher level of parking in the future for the same shopping facility. He stated the City Ordinance must anticipate that event. Commissioner Marofsky noted that there is a significant degree of overlap in the Zoning Ordinance between the B-2 and B-3 Districts and thus, it is difficult to explain why the current Ordinance parking standards require one level for shopping centers in the B-2 District and another level for virtually the same development in the B-3 District. Director Tremere noted that the study indicates the need to clarify the City standards, although it does not suggest thAt the City must reduce its standards. 1 4z C. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 10, 1988 for City Council Meeting May 16, 1988 TO: ;lames G. Willis, City Manager i FROM: Blair Tremere, Community Development Director SUBJECT PATRICK GOFF, GOFF HOMES, INC. SITE PLAN AND CONDITIONAL USE PERMIT FOR FERNBROOK MANOR" (88019) ACTION REQUESTED: Approve the attached Resolution for the Site Plan and Conditional Use Permit allowing the construction of 17 six unit buildings with a total of 102 units on property east of 45th Avenue North and Fernbrook Lane. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on April 27, 1988 and recommended approval on a 5 - 1 vote. PRIMARY ISSUES AND ANALYSIS: There was discussion about the site layout and whether physical delineation was desirable between the site and the park area. RECOMMENDATIONS AND CONCLUSIONS: The Council should adopt the approving Resolution per the Commission recommendation. A* - IF- onto 1. Resolution Approving Site Plan and Conditional Use Permit 2. April 27, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a _ City of Plymouth, Minnesota, was held on the following members were present: following members were absent: adoption: meeting of the City Council of the day of , 19 The The introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING SITE PLAN AND CONDITIONAL USE PERMIT FOR PATRICK GOFF, GOFF HOMES (88019) WHEREAS, Patrick Goff, Goff Homes, has requested approval of a Site Plan and Conditional Use Permit for attached housing and to allow the construction of 102 units consisting of 17 six unit buildinqs east of 45th Avenue North and Fernbrook Lane; and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for Patrick Goff, Goff Homes, for a Site Plan and Conditional Use Permit for attached housing and the construction of 17 six unit buildings east of 45th Avenue North and Fernbrook Lane, subject to the following conditions: 1. Compliance with City Engineer's Memorandum. 2. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. 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. Compliance with the City Code regarding the location of fire hydrants. 6. Approval for a Variance from the Fire Code requirements for fire lanes, per the Fire Inspector's Memorandum dated March 30, 1988. 7. All waste and waste containers shall be stored within the structure, and no outside storage is permitted. 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. 0 Page two Resolution No. 88- 9. No Building Permit to be issued until the Final Plat is filed and recorded with Hennepin County. 10. Appropriate legal documents regarding Homeowner Association covenants, restrictions, and bylaws as approved by the City Attorney shall be filed with the Final Plat. These shall address the east part of the site which is to remain as open space for use by the residents. 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. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: March 30, 1988 TO: Al Cottingham, Associate Planner, --- FROM: Stan Scofield, Fire Inspector _ SUBJECT: GOFF HOMES - File #88019 The fire department will grant Goff Homes' request for a variance to the fire lane requirements at Fernbrook Manor. The fire department will require that the buildings be totally sprinkled in lieu of fire lanes. Two additional hydrants be installed on the site. The hydrants will be located by the fire department. LSS:ly CITY OF PLYMOUTH PLANNING COMMISSION MINUTES APRIL 27, 1988 The Regular Meeting of the Plymouth planning Commission was called to order at 7:30 P.M. MEMBERS PRESENT: Chairman Pauba, Commissioners wire, Stulberg, Zylla, Marofsky and Tierney MEMBERS ABSENT: Commissioner Plufka STAFF PRESENT: Community Development Director Blair Tremere Assistant City Engineer John Sweeney Public Works Director Fred Moore Community Development Coordinator Chuck Dillerud MINUTES Chairman P/a and the Commission deferred action on the Minutes for April 13, 1988 until later in the meeting. Director Tremere introduced Community Development Coordina- tor Chuck Dillerud. PUBLIC HEARINGS Chairman Pauba called for a review of the April 18, 1988 PATRICK GOFF staff report. Director Tremere explained the purpose of the GOFF HOMES, INC. hearing and that the City Council had approved the Rezoning SITE PLAN AND and Preliminary Plat for this property in February. CONDITIONAL USE PERMIT FOR "FERNBROOK Commissioner Marofsky inquired about the availability of MANOR" (88019) sewer in the area. Assistant Engineer Sweeney explained the constraints and the location of the Sewer District. The east portion of the property would be very difficult to serve. Chairman Pauba opened the Public Hearing. Randy Nord, 4420 Narbor Lane North. Mr. Nord stated he was speaking as President of the Kingsview Heights Homeowners Association. He reiterated the concerns of many of the neighbors who spoke at the Rezoning and Preliminary Plat hearing. He stated concerns focused on property values and the impact of the proposed development. He stated the neighbors had met with the petitioner and had identified concerns in a letter to which they had not received a formal response. He inquired whether the verbal assurances from the developer to them still had standinq. He said that transition is critical and the Association feels that the City should require owner occupancy of the proposed units. 93- Paqe 94 Planning Commission Minutes April 27, 1998 Patrick Goff, petitioner, stated that he agrees with most of the items in the letter referenced by the Homeowners Association. Chairman Pauba closed the Public Haering. Commissioner Zylla expressed concern about proposed Condition No. 6 regarding the variance from Fire Code requirements for fire lanes and the Fire Inspector's March 30, 1988 memorandum. He stated the requirement to sprinkler owner -occupied units was "ludicrous" and he felt the matter should be brought to the City Council's attention. He stated he did not see any purpose in the requirement and that it was not realistic. He questioned whether the City Code Fire Lane requirements were reasonable as well. Director Tremere explained the City Fire Code requirements and that the sprinkler requirement was an option available to the petitioner in -lieu of the required fire lanes. He explained that the City Council had recently reviewed amend- ments to the City Code regarding sprinkler requirements and that the Public Safety Department had conducted extensive research about the need for such systems. Fire Code vari- ances are reserved for City Council action because the Council is the Board of Appeals for Fire Code matters; the information about the requested variance is provided as a matter of information to the Planning Commission. Commissioner Zylla stated that he appreciated the matter of jurisdiction but that he intended to raise the matter with the City Council as a matter of policy. Commissioner Marofsky stated there should be delineation between the proposed east common area and the City park; he stated he was concerned with potential liability and the need to provide demarcation of the boundaries. MOTION by Commissioner Wire, seconded by Commissioner NOTION TO APPROVE Stulberg to recommend approval of the application by Patrick Goff, Goff Homes, subject to the ten conditions listed in the April 18, 1988 staff report. MOTION by Commissioner Marofsky to amend the Main Motion by adding an 11th condition as follows: The east common area shall be delineated from the public park area with fencing or signage or shrubbery, so to effectively indicate the boundary. MOTION died for lack of second. Roll Call Vote. 5 Ayes, Commissioner Marofsky, Nay. MOTION VOTE - NOTION CARRIED carried. Paqe 95 Planninq Commission Minutes April 27, 1988 Commissioner Marofsky clarified his vote, notinq that he was concerned with the proximity of the two buildinqs near Fern - brook Lane, as well as the need to better delineate the public park from the common open space. Commissioner Zylla reiterated his disagreement with the philosophy of the City Code regarding fire lanes. hairman Pauba called for a review of the April 18, 1988 s aff report by Director Tremere. The petition includes a ho •ekeepinq item directed by the City Council regarding the adjacent so-called "Larson Automotive" property. Also, the staff`T eport cover page indicates the current Guide Plan Classifiacation and Zoninq. The City Council did approve a requidinq.which was conditionalized on the implementation of the proposed plans. The submitted plans which are subject to review at, this stage, have been reviewed in terms of proposed zoning, based on the approved new quiding. Commissioner Marofsky suggested that Condition No. 11 of Resolution No. 87--555 be carried forward to the proposed Resolution regarding the Larson .Automotive property. That condition stipulates when the Development Contract should be executed and buildinq permits issued. Chairman Pauha recognized Mr. Mark Senn, petitioner, who reviewed the application. He stated that approval was not sought at this time for proposed Lot 1, Block 2. That would be subject to future Site Plan approval when the property is cleared and ready for re -development. He reviewed the requested variances, statinq they were needed due to criti- cal location considerations for the building and to cost factors. He stated that the economics of the development were such that the proposed building, was essential to the success of the development. Mr. Senn also referred to the Engineer's Memorandum (Item 27 C.) and indicated that they desired to retain an entrance from West Medicine Lake Road, contrary to the recommendation. He also stated concern with the second item under Condition No. 9 of the proposed Resolution regarding removal of all existing structures prior to the issuance of ',:building permits. He suggested that this be tied to the iss0,4nce of an Occupancy Permit and not to the issuance of a b'}ldinq permit. David Davenport, attorney for the petitioner, stated that the petitioner could redesign the site to eliminate the variances, but that the petitioner's timinq is very tight. MARCUS DEVELOPMENT LAND USE GUIDE PLAN AMENDMENT, REZONING PRELIMINARY PLAT FINAL PLAT, SITE PLAN AND VARIANCE 88022) CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 11, 1988 for City Council Meeting May 16, 1988 TO: dames G. Willis, City Manager FROM: Blair Tremere, Community Development Director r- SUBJECT KENNETH STREETER, STREETER INVESTMENTS. FINAL PLAT FOR PLYMOUTH HILLS 6TH ADDITION (87068) (MPUD 78-2) ACTION REQUESTED: Adopt the attached Resolutions approving the Final Plat and establish conditions to be met prior to filing the Final Plat with Hennepin County. The Development Review Committee has reviewed the proposal and finds it in substantial compliance with the approved preliminary plat and Resolution No. 83-125. 1. Resolution Approving Final Plat 2. Resolution Setting Conditions for Filing Final Plat 3. Location Map 4. Final Plat 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 FINAL PLAT FOR KENNETH STREETER, STREETER INVESTMENTS, FOR PLYMOUTH HILLS 6TH ADDITION (87068) (MPUD 78-2) WHEREAS, Kenneth Streeter, Streeter Investments, has requested approval for Final Plat for Plymouth Hills 6th Addition (MPUD 78-2), a plat for one lot and two outlots located southwest of 34th Avenue and Plymouth Boulevard; NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat for Kenneth Streeter, Streeter Investments, for Plymouth Hills 6th Addition located southwest of 34th Avenue and Plymouth Boulevard. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a 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 followinq Resolution and moved its adoption: RESOLUTION NO. 88 - SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR PLYMOUTH HILLS 6TH ADDITION FOR KENNETH STREETER, STREETER INVESTMENTS (87068) (MPUD 78-2) WHEREAS, the City Council has approved the Final Plat for Plymouth Hills 6th Addition as requested by Kenneth Streeter, Streeter Investments; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THF CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. Payment of park dedication fees -in -lieu of dedication in accordance with City Policy in effect at the time of issuance of Building Permit. 3. Removal of all dead or dying trees from the property at the owner's expense. 4. Compliance with Policy Resolution No. 79-80 regarding minimum floor elevations for new structures in subdivisions adjacent to, or containing any open storm water drainage facility. 5. No yard setback variances are granted or implied. 6. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 7. No Building Permits to be issued until the Final Plat is filed and recorded with Hennepin County. The motion for adoption of the foregoing Resolution was duly seconded by _ and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. City of Plymouth E N G I N E E R' S M E M 0 to Planning Commission & City Council DATE: May 11, 1988 FILE NO.: 87068 PETITIONER: Mr. Kenneth R. Streeter - Streeter Investment, Inc., 7661 Brooklyn Blvd., Brooklyn Park, MN 55443 FINAL PLAT: Plymouth Hills 6th Addition LOCATION: North of Highway 55, South of 34th Avenue, Southwest of Plymouth Blvd. in the Northwest 1/4 of Section 21 ASSESSMENT RECORDS: N/A Yes No 1. X Watermain area assessments have been levied based on proposed use. 2. X Sanitary sewer area assessments have been levied based on proposed use. 3. X SAC and REC charges will be payable at the time building permits are issued. These are in addition to the assessments shown in No. 1 and No. 2. Area charges are subject to change periodically as they are reviewed annually on January 1. The rate assessed would be that in effect at the time of final plat approval. 4. Area assessments: None 5. Other additional assessments estimated: None LEGAL/EASEMENTS/PERMITS: 6. _ X Complies with standard utility/drainage easements - The City will require utility and drainage easements ten feet 10') in width adjoining all streets and six feet (6') in width adjoining side and rear lot lines. N/A Yes No 7. X All standard utility easements required for construction are provided - The City will require twenty foot (20') utility and drainage easements for proposed utilities along the lot lines where these utilities are proposed to be installed. This item has been reviewed with the final construction plans and the following changes are necessary: A 20 foot drainage and utility easement shall be required over the existing sanitary sewer located alone the west line of Outlot B. 8. x _ Complies with ponding requirements - The City will require the dedication of drainage easements for ponding purposes on all property lying below the established 100 year high water elevation and conformance with the City's comprehensive storm water drainage plan. 9. iY All existing unnecessary easements and rights-of-way have been vacated - It will be necessary to vacate the obsolete easements/right-of-way to facilitate the development. This is not an automatic process in conjunction with the platting process. It is the owner's responsibility to submit a petition as well as legal descriptions of easements proposed to be vacated. 10. X The Owner's Duplicate Certificate of Title has been submitted to the City with this application - If it is subsequently determined that the subject property is abstract property, then this requirement does not apply. It will be necessary for the property owner to provide the city attorney with the Owner's Duplicate Certificate of Title in order that he may file the required easements referred to above. 11. X _ _ All necessary permits for this project have been obtained - The following permits must be obtained by the developer: DNR Bassett Creek Mn DOT Minnehaha Creek Hennepin County Elm Creek MPCA Shingle Creek State Health Department Army Corps of Engineers Other 2 N/A Yes No 12. X Conforms with the City's grid system for street names - The names of the proposed streets in the plat must conform to the City grid system for street names. The following changes will be necessary. 13. X Conforms with the City's adopted Thoroughfare Guide Plan - The following revisions must be made to conform with the City's adopted Thoroughfare Guide Plan. 14. X Acceleration/deceleration lanes provided - Acceleration/deceleration lanes are required at the intersection of and 15. _ X All existing street rights-of-way are required width - Additional right-of-way will be required on UTILITIES: 16. X Conforms with City standards requiring the developer to construct utilities necessary to serve this plat - In accordance with City standards, the developer shall be responsible for constructing the necessary sanitary sewer, water, storm sewer and streets needed to serve this plat. A registered professional engineer must prepare the plans and profiles of the proposed sanitary sewer, watermain, storm sewer facilities and streets to serve the development. 3 N/A Yes No 17 . XX 18. X _ _ 19. 20. X 21. X _ _ Final utility plans submitted comply with all City requirements - The developer has submitted the required construction plans for the proposed sanitary sewer, watermain and storm sewer facilities; and has also furnished profiles of these utilities as well as the proposed street system (public and private). Per developer's request final plans will be prepared by the City. If it is their desire to have the City construct these facilities as part of its Capital Improvements Program, a petition must be submitted to the City. The cutoff date for petitions is October 1 of the year preceding construction, if the developer is paying 100% of the cost. Minimum basement elevations - Minimum basement elevations must be established for the following lots. The construction plans conform to the City's adopted Comprehensive Water Distribution Plan - The following revisions will be required: The construction plans conform to the City's adopted Comprehensive Sanitary Sewer Plan - The following revisions will be required: 4 N/A Yes No 22. X It will be necessary to contact Bob Fasching, the City's public utility foreman, 24 hours in advance of making any proposed utility connections to the City's sanitary sewer and water systems. The developer shall also be responsible for contacting Jim Kolstad of the Public Works Department for an excavating permit prior to any digging within the City right-of-way. All water connections shall be via wet tai. 23. X _ Complies with Storm Drainage Plan - The grading, drainage and erosion control plan has been submitted to the City's consulting engineer for review to see if it is in conformance with the City's Comprehensive Storm Drainage Plan. All of their recommendations shall be incorporated in a revised plan. The grading and drainage plan shall also indicate proposed methods of erosion control, including the placement of silt fence in strategic locations. Additionally, the following revisions will be necessary: Will be reviewed with the Site Plan RIMMMUKIM all is OURN: 24. A. The statement "this plat is part of MPUD 78-2" shall be included in the Final Plat Mylar. B. A trail easement at the intersection of 34th Avenue and Plymouth Boulevard, where the trail encroaches on Lot 1, Block 1 shall be provided in recordable form. C. The drainage and utility easement along the south line of Lot 1 Block 1 shall be revised to cover the entire drainage way along this south line. Submitted by:6: Chester J. arrison, Jr., City Engineer 5 as x a 0 z t CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 10, 1988 for City Council Meeting May 16, 1988 TO: 3ames G. Willis, City Manager i FROM: Blair Tremere, Community Development Director SUBJECT RANDALL NORD. CONDITIONAL USE PERMIT AMENDMENT (88031) 7 E ACTION REQUESTED: The petitioner requests a Conditional Use Permit Amendment for setback encroachment to allow an 8 ft. setback versus the 10 ft. setback approved with the Kingsview Heights Planned Unit Development. BACKGROUND: The Planning Commission reviewed the application at the Public Hearing on April 27, 1988 and recommended denial by unanimous vote. PRIMARY ISSUES AND ANALYSIS: This is not a variance per se. It is a Conditional Use Permit Planned Unit Development Plan Amendment. The PUD was approved with 10 ft. sideyard versus the standard. RECOMMENDATIONS AND CONCLUSIONS: Adopt the Resolution denying the request. Per Council direction, an approving Resolu- tion is attached; if adopted, specific reasons should be cited. Attachments 1. Resolution Denying Request 2. Resolution Approving Request 3. April 27, 1988 Planning Commission Minutes CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: adoption: introduced the following Resolution and moved its RESOLUTION NO. 88 - DENYING A CONDITIONAL USE PERMIT AMENDMENT FOR RANDALL NORD TO ALLOW A REDUCED SIDE YARD SETBACK WITHIN THE KINGSVIEW HEIGHTS RESIDENTIAL PLANNED UNIT DEVELOPMENT (88031) WHEREAS, Randall Nord, has requested a Conditional Use Permit Amendment to allow for a reduced side yard setback (8 ft. versus 10 ft) on property located at 4420 Harbor Lane North in the Kingsview Heights 2nd Addition (RPUD 85-1); and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends denial; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby denies the request by Randall Nord for a Conditional Use Permit Amendment to allow for a reduced side yard setback (8 ft. versus 10 ft.) for property located at 4420 Harbor Lane North in the Kingsview Heights 2nd Addition, based on the following: 1. It has not been demonstrated that there is a uniqueness or hardship to warrant the reduced setback for this property. The proposed setback is not appropriate for the Planned Unit Development as a whole. 2. Alternate designs would allow compliance with the minimum setbacks required in the Kingsview Heights Residential Planned Unit Development. 3. The proposal is not consistent with the character of the Planned Unit Development. The motion for adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota, was held on the day of , 19 The following members were present: _ The following members were absent: introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR RANDALL NORD TO ALLOW A REDUCED SIDE YARD SETBACK WITHIN THE KINGSVIEW HEIGHTS RESIDENTIAL PLANNED UNIT DEVELOPMENT (88031) WHEREAS, Randall Nord, has requested a Conditional Use Permit Amendment to allow for a reduced side yard setback (8 ft. versus 10 ft.) on property located at 4420 Harbor Lane North in the Kingsview Heights 2nd Addition (RPUD 85-1); and, and, WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby approves the request by Randall Nord for a Conditional Use Permit Amendment to allow for a reduced side yard setback (8 ft. versus 10 ft.) for property located at 4420 Harbor Lane North in the Kingsview Heights 2nd Addition, based on the following: 1. Appropriate building permits to be obtained prior to initiation of construction. 2. No other variations from the PUD Plan are granted or implied. 3. Approval is granted for an 8 ft. side yard setback to the north property line based on the following: 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 100 Planning Commission Minutes April 27, 1988 structures to the issuance of the initial Certificate of Occupancy Permit as approved by the City Attorney, including the placement of a covenant on the project to ssure the implementation; approved variance for the side yard only as proposed, and no rear yard variance is approved; the build- ing shall be redesigned to the extent necessary to eliminate the 7 ft. variance; and, Condition No. 12 of Resolution No. 87-555 shall be carried forward relative to the upgrading of Lot 1, Block 2, which is subject 'to further review and approval of a separate Site Plan.,, Discussion ensued regarding the recommendation and Mr. Davenport and Mr. Senn concurred that the building could be redesigned to eliminate the rear yard setback variance with- out impacting the required parking for the development. Mr. Senn asked whether the detailed Site Plans could be revised after t 6 City Council action; Director Tremere responded in the affirmative. Roll Call Vote. 6 Ayes. MOTION carried. VOTE - MOTION CARRIED Chairman Pauba waived the reading of the April 14, 1988 RANDALL NORD staff report. CONDITIONAL USE PERMIT AMENDMENT He recognized Mr. Nord, who explained his request and indi- (88031) cated it was for purposes of storing a boat and that there were covenants on the development that prohibited outside storage. Mr. Nord stated he understood the concerns expressed in the staff report but that, he felt the specific 2 ft. encroach- ment proposed would not compromise the development or set an undesirable precedent. He said he had examined alternatives and that they were not feasible for this property in this area. Chairman Pauba noted that there were a number of 3 -car gar- ages in the area which were apparently designed and built with the original homes. A brief discussion ensued regarding possible alternatives such as constructing a detached garage. Chairman Pauba opened the Public Hearing; and, upon deter- mining that no one was present to speak, closed the Hearing. Commissioner Stulberg expressed concerns about establishing a precedent within the PUD which was based upon certain design parameters, especially, precedent which could impact future proposed decks, porches, and house additions. Page 101 Planning Commission Minutes April 27, 1988 In further discussion, it was noted that the 10 ft. side yard setback represents a reduction from the City's normal standard of 15 ft. It was clarified that approval of this specific plan would not apply throughout the development as a variation of the side yard setback. MOTION by Chairman Pauba, seconded by Commissioner Stulberg, to recommend denial of the Conditional Use Permit Amendment request by Randall Nord for the reasons cited in the draft recommendation. NOTION TO DENY Roll Call Vote. 6 Ayes. MOTION carried. VOTE - NOTION CARRIED OLD BUSINESS Chairman Pauba asked for a review of the March 28, 1988 staff report and the April 22, 1988 Memorandum. Director Tremere explained that the petitioner had not been repre- sent at the first meeting and the Commission had deferred the its to this meeting. He also noted that, in response to an ingairy by Commissioner Marofsky, it had been verified that the Commission would in effect be actinq upon a revised Site Plan including the potential for a new structural addition in the'form of a parking ramp. The petitioner has submitted plans showinq the profile of such an addition if it were necessary. Chairman Pauba recognized Mr. Bradley Hoyt, who further explained the proposal and stated they did riot expect to have to build the ramp but were prepared to show it. Commissioner Zylla asked the petitioner whether he under- stood and agreed to proposed Condition No. 8. Mr. Hoyt responded in the affirmative. Extensive discussion ensued and Director Tremere explained the recent City Council action regarding another developer who had appealed that requirement. Commissioner Marofsky stated it was important for the petitioner to realize that a ramp could be required at any time based upon the determination that a parknq problem existed, notwithstanding the specific percentagf of the building devoted to office space. Mr. Hoyt stated'he under- stood that but felt the ramp would never be needkd as a practical matter. He stated that as a matter of eco mics, it would even be questionable whether it was worth retaining the building if in fact a parking ramp were needed. Director Tremere explained that as a matter of enforcement, a perceived parking problem could be resolved in many ways before the remedy of a ramp was needed. BRADLEY HOYT REVISED SITE PLAN CONDITIONAL USE PERMIT (88003) 7F / J.), MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 12, 1988 For City Council Meeting of May 16, 1988 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: AWARD OF BIDS SEWER CLEANER STEEL DRUM ROLLER The City's Budget provides for the replacement of our existing sewer jet and a steel drum roller. We have advertised for bids and received bids as indicated within the attached resolutions. Attached is a memo from Tom Vetsch, Street Supervisor, recommending we accept the low bid of Aspen Equipment Company in the amount of $17,807 for the steel drum roller and trailer. This bid met the specifications. Also attached is a memorandum from Jim Kolstad on the purchase of the jet sewer cleaner. The low bid from A.B.M. Equipment did not meet the minimum specifications. The next bidder, which was only $374 higher, did meet all of the specifications. Funds were budgeted for the sewer cleaner in the amount of $72,100 and 16,000 for the roller. These funds are all within the Central Equipment Budget. The bid on the sewer cleaner is $13,400 below the budget and the roller bid is $1,807 above the budget. Since both items are in our replacement fund, adequate funds have been provided within the budget. It is recommended that City Council adopt the attached resolutions awarding the contract for the purchase of a sewer jet and a steel drum roller with the trailer. Fred G. Moore, P.E. FGM:kh attachments: Resolutions Memos CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: _ The following members were absent: adoption: meeting of the City Council of day of XXX XSC )! introduced the following Resolution and moved its RESOLUTION NO. 88 - RESOLUTION AWARDING BID PURCHASE OF SEWER CLEANER WHEREAS, the City Council has authorized the receipt of bids for the purchase of a sewer cleaner for the City of Plymouth; and WHEREAS, said equipment is required to adequately provide City services; and WHEREAS, in accordance with State Statute, bid specifications were prepared and distributed and bid proposals received and opened on May 4, 1988; and A.B.M. Equipment Company $ 58,466.00 Fleible Pipe Tool Company 58,700.00 WHEREAS, the proposal of A.B.M. Equipment Company was a non responsive bid since they did not meet the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: WHEREAS, the bid of Fleible Pipe Tool Company is in conformance with the City's specifications for this equipment and it is recommended that it be accepted. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The bid of Fleible Pipe Tool Company is declared the lowest responsible bidder. 2. That the City hereby accepts the bid in the amount of $58,700 and funds for this purchase are authorized from the Central Equipment Fund 602-602). 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 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 adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - RESOLUTION AWARDING BID PURCHASE STEEL DRUM ROLLER WITH TRAILER WHEREAS, the City Council has authorized the receipt of bids for the purchase of a steel drum roller with trailer for the City of Plymouth; and WHEREAS, said equipment is required to adequately provide City services; and WHEREAS, in accordance with State Statute, bid specifications were prepared and distributed and bid proposals received and opened on May 4, 1988; and WHEREAS, the following bids were received: Aspen Equipment Company $ $17,807 Case Equipment Company 18,405 Carlson Equipment Company 22,719 Ziegler, Inc. 24,250 Haden -Murphy Equipment Company 25,320 WHEREAS, the bid of Aspen Equipment Company is in conformance with the City's specifications for this equipment and it is recommended that it be accepted. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The bid of Aspen Equipment Company is declared the lowest responsible bidder. 2. That the City hereby accepts the bid in the amount of $17,807 and funds for this purchase are authorized from the Central Equipment Fund 602-602). 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. I MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 10, 1988 TO: Fred Moore, Public Works Director f FROM: Jim Kolstad, Superintendent of Public Works / SUBJECT: HIGH VELOCITY SEWER CLEANER After careful review of the bid proposals we received for the Sewer Cleaner it appears to me that A.B.M. Equipment and Supply who is the low bidder does not meet the specifications required by the City of Plymouth. I feel Flexible Pipe -Tool Sewer Cleaner bid is the best qualified bidder for the equipment offered and the best equipment for our operation. They are not the low bidder, but the price difference is only two hundred thirty four dollars ($234.00) To verify the price difference I will list some of the items to be considered in awarding this bid to the higher bidder. 1. A.B.M. offers standard steel ball valves, versus specified water control valves. 2. No proven emergency reel crank that rotates the hose real safely as specified. 3. Flexible has the specified hose winder with safety features which allows the operator to concentrate on the operation of the unit and the cleaning operation of the sewers plus he need not handle the hose while performing his tasks. 4. Lack of safe, easy accessible storage in pump compartment. With no open style storage area the operator must climb up on the side then reach into the storage compartment. Flexible offers ground level open door storage area. 5. Construction of water tank does not meet City specifi- cations. We call for heavy 7 gauge steel. Low bidder can only offer 10 gauge. A.B.M. states in there proposal they meet our specifications except for 3 items and are as follows: 1. V -bottom water tank. 2. Open style tool storage with lockable underbody boxes. SUBJECT: HIGH VELOCITY SEWER CLEANER 3. 210 H.P. chassis motor. But as I pointed out there are a number of items that do not meet our specifications. Therefore it is my recommendation that we award the bid for our Sewer Cleaner with truck to the Flexible Pipe -Tool Company for the amount of $58,700.00 They have included a users list for our review showing the machines in service in the State of Minnesota. A.B.M. has not. We have $72,100.00 in the 1988 budget for this machine. JK:cr 11 cul CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 11, 1988 TO: Jim Kolstad, Superintendent of Public Works FROM: C J Tom Vetsch, Street Supervisor SUBJECT: RECOMMENDATION FOR ACCEPTANCE OF ASPHALT ROLLER BID On May 4, 1988 we opened sealed bids from 5 vendors bidding on a 5 ton asphalt roller. The Aspen Equipment Company from Savage was the low bidder. They bid an Ingersoll Rand DD23 with a Tow master T-6 7000 lb trailer. After reviewing the specifications on the DD23 versus the specifications we required, they do meet the requirements. On Monday May 9, 1988 I drove to the Aspen Equipment Company, to look at the Asphalt Roller and trailer, and conclude that this would be a good roller and trailer for us. I am recommending the acceptance of their bid, and that we purchase the Ingersol Rand Roller and Tow master trailer for 17,807. The Aspen Equipment Company has informed me that delivery could be immediate. TV:cr MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 11, 1988 For City Council Meeting of May 16, 1988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: STREET LIGHTING TYRELL SIXTH ADDITION Attached to this memo is the Preliminary Engineering Report for the above referenced street lighting project. The City has received a petition from the developer requesting that the street lights be installed. I recommend that the City Council adopt the attached resolution receiving the Preliminary Engineering Report and ordering the street lighting project. CJH:kh attachments: Resolution 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: , I The following members were absent: CXX CXX XXX introduced the following Resolution and moved its adoption: RESOLUTION NO. 88 - RECEIVING REPORT AND ORDERING PROJECT - STREET LIGHTING TYRELL SIXTH ADDITION WHEREAS, pursuant to a resolution of the Council adopted November 2, 1988, a report has been prepared by the City Engineer with reference to the improvement of Tyrell Sixth Addition by the installation of ornamental residential street lights and this report was received by the Council on May 16, 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 16, 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. C 'xX XXX XXX PRELIMINARY ENGINEERING REPORT ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM TYRELL SIXTH ADDITION The developer, who is the property owner of 100% of the property known as Tyrell Sixth 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 two (2) lights at a monthly cost of $13.46 per light for a total cost of $28.22 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 13 lots, which results in an estimated cost of $2.17 per lot per month. The rate quoted above is dependent upon the operating cost for Northern States Power Company under contract franchise with the City of Plymouth. The lights will be their standard "traditional" post top unit mounted on a fiberglass pole and the wiring will be underground from the transformer. The project is feasible and should be undertaken as outlined above. Re No. Chester Harrison Jr 12510 Dated: May 11, 1989 OUT LOT zda 99 OUT LOT E 3 is o zoa 0 5R. 0 Z9 W - I 7 i49 65 Z P'OPOSe " a 0 9 TY L 5 to4Ds9Jo N 0 3) 16 17 c Y. TY E L Lk, 2 15 5 u 6 71065 l R50 Y. 50, H t 3) .3 (58)2 7 T 11 0 Z _j 6 F4 - 14 ss00III, - z 136.65'/ 1v V6 < LLJ 8 12 SV. 101 n56- z Qo 99)10 124 W' t' 5 'ZI 26 S').qATH 'T' T 9 2v125.97. —'.46TH ---IZ-PLACE-7 9Pti o (60) 3 9 44, 5 7 D 5 x Q, 1: C-) AD ITIPNk 25.62 ISM 11 m 4ti l 131.92' !14/Y; R4 2 13 'n 673 230, 5?. 1 0 0 14 C) 2 La 2 0' 2 46TH -AVE0. e SA 10 T P a & 7PLD. S;, 0 0 9 33) ``\5 hAt 0 z,5) 2c.) CP NU 3 kl 9)5- 4 17. (;2 8) 6 14 F3 1 AMHURST 2ND ADD (68x k19) \ 2 OuTLOT i ),P, 00 4( 90. & S. 1;1 p cul 4ii 11=24nulillff 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 11, 1988 for City Council Meeting of May 16, 1988 TO: James G. Willis, City Manager FROM Fred G. Moore, Director of Public Works SUBJECT: ADVERTISEMENT FOR BIDS WELL NO. 10 CITY PROJECT NO. 814 We have received the final plans and specifications for the above project and recommend that the City Council adopt the attached resolution which approves these plans and specifications and orders advertisements for bids, with bids to be received on June 14, 1988. Fred G. Moore, Director of Public Works FGM:sm Attachment: resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: XXX its adoption XXX introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WELL NO. 10 CITY PROJECT NO. 814 WHEREAS, pursuant to a resolution passed by the Council on May 2, 1988, the City's Consulting Engineer, B.R.A., has prepared plans and specifications for the drilling of Well No. 10 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 June 14, 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. XXX scXiC XXX 71- MEMO 7T MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 12, 1988 For City Council Meeting of May 16, 1988 TO: James G. Willis, City Manager FROM: Fred G. Moore, Director of Public Works SUBJECT: CHANGE ORDER NO. 5 ZACHARY LANE WATER TREATMENT PLANT CITY PROJECT NO. 431 Attached herewith is proposed Change Order No. 5 for the Zachary Lane Water Treatment Plant in the amount of $16,537. A detailed description of the work is contained within the Change Order. This work is necessary for the completion of the Water Treatment Plant and was not included in the original specifications. The consulting engineer has negotiated the cost with the contractor and is recommending approval of the Change Order. Funds are available for this work as part of the original financing for the Water Treatment Plant. It is recommended that the City Council adopt the attached resolution approving Change Order No. 5 for the Zachary Lane Water Treatment Plant. i Fred G. Moore, P.E. FGM:kh attachments: Resolution Change Order 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 adoption: XXX meeting of the City Council of day of , XXY introduced the following Resolution and moved its RESOLUTION NO. 88 - APPROVING CHANGE ORDER NO. 5 ZACHARY LANE WATER TREATMENT PLANT CITY PROJECT NO. 431 WHEREAS, Change Order No. 5 has been prepared providing for the following: A. Waterproof Altitude Valve Manholes B. Converting equipment for existing flow meters C. Change elevator conduit to aluminum WHEREAS, Change Order No. 5 is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that Change Order No. 5 for the Zachary Lane Water Treatment Plant is approved. Original Contract Amount $3,500,956.00 Previous Change Orders 47,519.73 THIS CHANGE ORDER NO. 5 16,537.00 REVISED CONTRACT AMOUNT.......... $3,565,012.73 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. I XXX n CHANGE ORDER DATE: May 11, 1988 PLACE: Plymouth, Minnesota FILE NO: 70233 -CO PROJECT: Zachary Lane slater Treatment Facility PROJECT NO: 431 CONTRACTOR: Shaw -Lundquist Associates Inc., 2805 Dodd Road, St. Paul, MN 55121 CHANGE ORDER NO: 5 f- DESCRIPTION OF YORK: PART A - WATERPROOF ALTITUDE MANHOLES The contractor shall furnish and install all necessary labor and materials necessary to modify access hatches and waterproof the altitude valve manholes for the Zachary Lane and Central elevated tanks for the Lump Sum Add to the Contract of $5,799.00. TOTAL ADD TO CONTRACT FOR PART A $5,799.00 PART B - CONVERTING EQUIPMENT FOR EXISTING FLOW METERS The contractor shall furnish and install electronic equipment necessary to convert the pulse signal from the existing flow meters at the central water treatment plant to a 4 to 20 ma D.C. signal that is compatible with the new control. system for a Lump Sum Add to the Contract of $6,703.00. TOTAL ADD TO CONTRACT FOR PART B ............... $6,703.00 PART C - CHANGE ELEVATOR CONDUIT TO ALUMINUM The contractor shall furnish and install aluminum conduit and fittings for the elevator electrical system in lieu of EMT as allowed by the National Electrical Code for the Lump Sum Add to the Contract of $4,035.00. TOTAL ADD TO CONTRACT FOR PART C ................ $4,035.00 Total Part A Total Part B Total Part C 5,799.00 6,703.00 4,035.00 Total This Change Order No. 5 - ADD .......... $16,537.00 Page 1. CO -70233-5 CHANGE ORDER, CONT'D DATE: May 11, 1988 PLACE: Plymouth, Minnesota FILE NO: 70233 -CO PROJECT: Zachary Lane Water Treatment Facility PROJECT NO: 431 CONTRACTOR: Shaw -Lundquist Associates Inc., 2805 Dodd Road, St. Paul, MN 55121 CHANGE ORDER N0: 5 Original Contract Amount Previous Change Orders THIS CHANGE ORDER NO. 5 - ADD REVISED CONTRACT AMOUNT .......... Approved by: City of Plymouth, Minnesota By , Mayor By , Clerk Date: CO -70233-5 3,500,956.00 47,519.73 16,537.00 3,565,012.73 Recommended for.Approval by: BONESTROO, ROSENE, ANDERLIK ASSOCIATES, INC. ByZ-- Approved by: Shaw -Lundquist Associates, Inc. By Page 2. Distribution 1 - City 2 - Contractor 1 - Engineer n MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: April 29, 1988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM: Richard J. Pouliot, Project Coordinator SUBJECT: EMINENT DOMAIN AUTHORIZATION CITY PROJECT NO. 648 Attached is a resolution granting the approval to commence eminent domain proceedings, should they be necessary to acquire the necessary right-of- way for City Project No. 648, 10th Avenue and South Shore Drive. Richard J. Pouliot RJP:kh attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: XXX XXX adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88• - AUTHORIZING CONDEMNATION PROCEEDINGS PROJECT NO. 648 WHEREAS, the City of Plymouth has undertaken Project No. 648; and WHEREAS, in order to construct the improvements certain permanent and temporary easements are required; and WHEREAS, the City Council finds it necessary, proper and expedient in the interests of the public health, convenience and general welfare of the citizens of the City of Plymouth for the City to acquire said easements; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: that the City Attorney is hereby authorized to commence condemnation proceedings for Project No. 648 for the following described easements within the following described parcels: DESCRIPTION OF PROPERTY:(PIN #36-118-22-23-0019, 36-118-22-23-0021 and 36-118-22-22-0021) Lots 3 through 11, Block 2, and all of Block 3, Schiebe's Highland View Addition, including vacated streets, and Lot 5, Block 1, Keyway 1st Addition all in Hennepin County, Minnesota DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across that part of the above described property lying Southerly of a line 50 feet Northerly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees, 41 minutes, 36 seconds and a radius of 572.96 feet; thence South 35 degrees, 17 minutes, 57 seconds West, a distance of 196.68 feet to the Northerly right-of-way of Trunk Highway No. 55 and said line there terminating. and Resolution No. 88 - Page 2 A temporary easement for construction purposes over, under and across the above described property. Said easement lies Northerly and Northwesterly of a line 70 feet Southerly and Southeasterly of the following described line; beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter, a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 172.51 feet along a curve concave to the Southeast having a central angle of 17 degrees, 15 minutes, 04 seconds and a radius of 572.96 feet and said line there terminating. and A temporary easement for construction purposes over, under and across the last above described property. Said easement lies Northwesterly of a line 110 feet Southeasterly of the following described line: Beginning at the terminus of the last described line; thence continuing Southwesterly a distance of 282.51 feet along the last above described curve and said line there terminating. and A temporary easement for construction purposes over, under and across the above described property said easement lies Northwesterly of a line 70 feet Southeasterly of the following described line: Beginning at the terminus of the last above described line; thence continuing Southwesterly a distance of 114.42 feet along the last above described curve; thence South 35 degrees, 17 minutes, 57 seconds West, tangent to said curve, a distance of 196.68 feet to the Northerly right-of-way line of Trunk Highway No. 55 and said line there terminating. and A temporary easement for construction purposes over, under and across the South 45 feet of said Lot 5, Block 1, Keyway Addition. DESCRIPTION OF PROPERTY: (PIN #36-118-22-23-0042) That part of the Southwest Quarter of the Northwest Quarter, Section 36, Township 118 North, Range 22 West, of the 5th Principal Meridian described as follows: Commencing at a point on the Northwesterly right-of-way line of County Road No. 70, distant 205.00 feet Northeasterly as measured along said Northwesterly right-of-way line from the intersection with the Northeasterly right-of-way line of State Highway No. 55, said point hereafter referred to as "Point A"; thence Southwesterly, along said Northwesterly right-of-way line a distance of 205.00 feet, to said Northeasterly right-of-way line; thence Northwesterly, along said Resolution No. 88 Page 3 Northeasterly right-of-way, a distance of 180.71 feet; thence Northeasterly, a distance of 207.90 feet, to a point distant 180.00 feet Northwesterly from said "Point A", to the point of beginning of the parcel to be described; thence Southeasterly, passing through said "Point A" to the centerline of County Road No. 70; thence Northeasterly along said centerline to the North line of said Southwest Quarter of the Northwest Quarter; thence Westerly along said North line to a point distant 317.90 feet Easterly from the Northwest corner of said Southwest Quarter of the Northwest Quarter; thence Southwesterly to the point of beginning. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property: Said easement lies Southeasterly of a line 50 feet Northwesterly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees, 41 minutes, 36 seconds and a radius of 572.96 feet; thence South 35 degrees, 17 minutes, 57 seconds West a distance of 196.68 feet to the Northerly right-of-way of Trunk Highway No. 55 and said line there terminating. and A temporary easement for construction purposes over, under and across the Southeasterly 53 feet, as measured at right angles from the Southeasterly line, of the above described parcel. and A temporary easement for construction purposes over, under and across that part of the above described parcel lying Southeasterly of a line 70 feet Northwesterly of and parallel with the above described line. DESCRIPTION OF PROPERTY: (PIN #36-118-22-22-0022) Tract A Registered Land Survey No. 694, Files of Registrar of Titles, Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property: Said easement lies Easterly of a line 40 feet Westerly of and parallel with the following described line: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest quarter, a distance Resolution No. 88 - Page 4 of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 116.86 feet along a compound curve concave to the Southeast having a central angle of 11 degrees, 41 minutes and 10 seconds and a radius of 572.96 feet to the point of beginning of the line to be described; thence North 21 degrees, 41 minutes, 37 seconds West a distance of 64.38 feet; thence Northwesterly, Northerly and Northeasterly a distance of 122.178 feet along a curve compound Easterly having a central angle of 35 degrees, 25 minutes, 45 sesconds and a radius of 197.57 feet; thence North 13 degrees, 44 minutes, 09 seconds East a distance of 1250.18 feet and said centerline there terminating. and A temporary easement for construction purposes over, under and across the Easterly 53.5 feet of said Tract A. DESCRIPTION OF PROPERTY: (PIN #36-118-22-22-0006) That part of the South 15 acres of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, lying Southerly of a line drawn equi-distant between the North and South line of said South 15 acres and West of the centerline of the Medicine Lake Road (so called) which road connects at the Southerly line of the Northwest Quarter of the Northwest Quarter with Naumann Cartway as shown on the plat of "Schiebe's Highland View Addition," according to the U.S. Government Survey thereof, except that part thereof embraced in Registered Land Survey No. 694 and except that part thereof lying Westerly of the Westerly line of said Registered Land Survey No. 694 and its Northerly extension. and: That part of the South 15 acres of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, Hennepin County, Minnesota lying Northwesterly of the centerline of Southshore Drive (formerly known as Medicine Lake Road) and described as follows: Beginning at the Northwest corner of Tract A, Registered Land Survey No. 694; thence East along the North line of said Tract A 222.56 feet; thence Southeasterly along the Northerly line of said Tract A 135.44 feet to the Northeast corner of said Tract A; thence Northeasterly along the centerline of Southshore Drive 158 feet; thence Northwesterly at a right angle to the last described line 200 feet; thence Northeasterly at a right angle to the last described line 110 feet; thence Southwesterly to a point on the Northerly extension of the West line of said Tract A distant 114.48 feet Northerly of the point of beginning; thence South 114.48 feet to the point of beginning. Subject to the most Southeasterly 33 feet for Southshore Drive; except that part lying Southerly of a line drawn equi-distant between the North and South lines of said South 15 acres. Resolution No. 88 - Page 5 DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property: Said perpetual easement lies Easterly of a line 40 feet Westerly of and parallel with the following described line: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 116.86 feet along a compound curve concave to the Southeast having a central angle of 11 degrees, 41 minutes, 10 seconds and a radius of 572.96 feet to the point of beginning of the line to be described; thence North 21 degrees, 41 minutes, 37 seconds West a distance of 64.38 feet; thence Northwesterly, Northerly and Northeasterly a distance of 122.178 feet along a curve compound Easterly having a central angle of 35 degrees, 25 minutes, 45 seconds and a radius of 197.57 feet; thence North 13 degrees, 44 minutes, 09 seconds East a distance of 1250.18 feet and said centerline there terminating. and A temporary easement for construction purposes over, under and across the above described parcel. Said temporary easement lies Easterly of a line 50 feet Westerly of and parallel with the above described line: DESCRIPTION OF PROPERTY: (PIN #36-118-22-22-0005) That part of the South 15 acres of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, Hennepin County, Minnesota described as commencing at the Northeast corner of Tract A, Registered Land Survey No. 694, files of Registrar of Titles, County of Hennepin; thence Northeasterly along the centerline of Southshore Drive, a distance of 158.00 feet to the point of beginning of the parcel herein described; thence Northwesterly deflecting to the left 90 degrees, 00 minutes, a distance of 200 feet; thence Northeasterly deflecting to the right 90 degrees, 00 minutes, a distance of 110 feet; thence Southeasterly deflecting to the right 90 degrees, 00 minutes a distance of 200 feet to said centerline, thence Southwesterly along said centerline, a distance of 110 feet to the point of beginning, according to the United States Government Survey thereof, and situate in Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property. Said perpetual easement lies Easterly of a line 40 feet Westerly of and parallel with the following described line: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet Resolution No. 88 - Page 6 along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 116.86 feet along a compound curve concave to the Southeast having a central angle of 11 degrees, 41 minutes, 10 seconds and a radius of 572.96 feet to the point of beginning of the line to be described; thence North 21 degrees, 41 minutes, 37 seconds West a distance of 64.38 feet; thence Northwesterly, Northerly and Northeasterly a distance of 122.178 feet along a curve compound Easterly having a central angle of 35 degrees, 25 minutes, 45 seconds and a radius of 197.57 feet; thence North 13 degrees, 44 minutes, 09 seconds East a distance of 1250.18 feet and said centerline there terminating. DESCRIPTION OF PROPERTY: (PIN #36-118-22-22-0015) That part of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, bounded by the following described lines to -wit: On the East by a line drawn parallel with and distant 355 feet West of the East line of said Northwest Quarter of the Northwest Quarter; on the North by a line drawn parallel with and 170.4 feet South of the North line of the South 15 acres of the Northwest Quarter of the Northwest Quarter of said Section 36, said above mentioned 170.4 feet being measured on a line parallel with the East line of said Northwest Quarter of the Northwest Quarter; on the South by a line drawn parallel with and 280.4 feet South of the North line of said South 15 acre tract said 280.4 feet being measured on a line parallel with the East line of said Northwest Quarter of Northwest Quarter; on the West by the centerline of the Medicine Lake Road so called) which road connects at the South line of said Northwest Quarter of the said Northwest Quarter with Nauman Cartway as shown on the plat of Schiebe's Highland View Addition" according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property. Said perpetual easement lies Westerly of a line 40 feet Easterly of and parallel with the following described line: Commencing at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 116.86 feet along a compound curve concave to the Southeast having a central angle of 11 degrees, 41 minutes, 10 seconds and a radius of 572.96 feet to the point of beginning of the line to be described; thence North 21 degrees, 41 minutes, 37 seconds West, a distance of 64.38 feet; thence Northwesterly, Northerly and Northeasterly a distance of 122.178 feet along a curve compound easterly having a central angle of 35 degrees, 25 minutes, 45 seconds and a radius of 197.57 feet; thence North 13 degrees, 44 minutes, 09 seconds East a distance of 1250.18 feet and said centerline there terminating. Resolution No. 88 - Page 7 DESCRIPTION OF PROPERTY: (PIN #36-118-22-22-0016) That part of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West of the 5th Principal Meridian bounded on the East by a line drawn parallel with and 500 feet West of the East line of said Northwest Quarter of the Northwest Quarter; on the South by the South line of said Northwest Quarter of the Northwest Quarter; on the North by a line drawn parallel with and distant 280.4 feet South of the North line of the South 15 acres of said Northwest Quarter of the Northwest Quarter, said above mentioned 280.4 feet being measured on a line parallel with the East line of said Northwest Quarter of the Northwest Quarter; and on the West by the centerline of Southshore Drive (formerly Medicine Lake Road), which connects at the South line of the Northwest Quarter of the Northwest Quarter with Nauman Cartway, as shown on the plat of "Schiebe's Highland View Addition" according to the recorded plat, and situate in Hennepin County. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes, over, under and across the above described property. Said perpetual easement lies southerly of a line 50 feet northerly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 36 Township 118 North, range 22 West; thence South 89 degrees, 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast quarter of the Northwest quarter a distance of 1315.70 feet to the Northwest corner of said Southeast quarter of the Northwest quarter; thence West and Southwesterly, a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees, 41 minutes, 36 seconds and a radius of 572.96 feet; thence south 35 degrees, 17 minutes, 57 seconds West a distance of 196.68 feet to the Northerly right-of-way on Trunk Highway 55 and said line there terminating and Westerly of a line 40 feet Easterly of and parallel with the following described line: Commencing at the Northeast corner of the Southeast quarter of the Northwest quarter Section 36, Township 118 North, Range 22 West; thence South 89 degrees 57 minutes, 52 seconds West, assumed bearing, along the North line of said Southeast quarter of the Northwest quarter a distance of 1315.70 feet to the Northwest corner of said Southeast quarter of the Northwest quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees 55 minutes 57 seconds and a radius of 2,864.79 feet; thence Southwesterly a distance of 116.86 feet along a compound curve concave to the Southeast having a central angle of 11 degrees 41 minutes 10 seconds and a radius of 572.96 feet to the point of beginning of line to be described; thence north 21 degrees, 41 minutes 37 seconds west a distance of 64.38 feet; thence Northwesterly, Northerly and Northeasterly a distance of 122.178 feet along a curve compound Easterly having a central angle of 35 degrees 25 minutes 45 seconds and a radius of 197.57 feet; thence north 13 degrees 44 minutes 9 seconds east a distance of 1250.18 feet and said centerline there terminating Resolution No. 88 - Page 8 and A temporary easement for construction purposes over, under and across the above described property. Said temporary easement lies Southerly of a line 65 feet Northerly of and parallel with the first above described line and Westerly of a line 55 feet Easterly of and parallel with the second above described line. PIN #36-118-22-22-0014) The West 72.5 feet of the East 500 feet of that part of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West of the 5th Principal Meridian lying South of a line drawn parallel with and 280.4 feet South of the North line of the South 15 acres of said Northwest Quarter of the Northwest Quarter of Section 36, said above mentioned 280.4 feet being measured on a line parallel with the East line of the Northwest Quarter of the Northwest Quarter of said Section 36, Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across that part of the above described property which lies Southerly of a line 50 feet Northerly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees 57 minutes 52 seconds West, assumed bearing, along the north line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees 55 minutes 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees 41 minutes 36 seconds and a radius of 572.96 feet; thence South 35 degrees 17 minutes 57 seconds West a distance of 196.68 feet to the Northerly right of way of Trunk Highway 55 and said line there terminating and A temporary easement for construction purposes over, under and across the above described property. Said temporary easement lies Southerly of a line 65 feet northerly of and parallel with the above described line. DESCRIPTION OF PROPERTY: (PIN 436-118-22-22-0013) The West 72.5 feet of the East 427.5 feet of that part of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22 lying South of a line and drawn parallel with and 280.4 feet South of the North line of the South 15 acres of the Northwest Quarter of the Northwest Quarter of Section 36, said above mentioned 280.4 feet being measured on a line parallel with the East line of the Northwest Quarter of the Northwest Quarter of said Section 36, according to the United States Government Survey thereof. Resolution No. 88 - Page 9 DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across that part of the above described property which lies southerly of a line 50 feet Northerly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees 57 minutes 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest Corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees 55 minutes 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees 41 minutes 36 seconds and a radius of 572.96 feet; thence South 35 degrees 17 minutes 57 seconds West a distance of 196.68 feet to the Northerly right-of-way of Trunk Highway 55 and said line there terminating and A temporary easement for construction purposes over, under and across the above described property. Said temporary easement lies Southerly of a line 65 feet northerly of and parallel with the above described line. PTION OF PROPERTY: (PIN 436-118-22-22-0012) The South 324.6 feet of the West 125 feet of the East 355 feet of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, according to the United States Government Survey thereof, and situated in Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property. Said perpetual easement lies southerly of a line 50 feet northerly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West; thence South 89 degrees 57 minutes 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter, a distance of 1315.70 feet to the Northwest Corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees, 55 minutes, 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees 41 minutes 36 seconds and a radius of 572.96 feet; thence South 35 degrees 17 minutes 57 seconds West a distance of 196.68 feet to the Northerly right-of-way of Trunk Highway 55 and said line there terminating. Resolution No. 88 - Page 10 and A temporary easement for construction purposes over, under and across the above described property. Said temporary easement lies Southerly of a line 75 feet Northerly of and parallel with the above described line. DESCRIPTION OF PROPERTY: (PIN #36-118-22-22-0011) The South 324.6 feet of the West 115 feet of the East 230 feet of the Northwest Quarter of the Northwest Quarter of Section 36, Township 118, Range 22, according to the map or plat thereof on file and of record in the Office of the Registrar of Deeds in and for said Hennepin County, Minnesota. DESCRIPTION OF EASEMENT: A perpetual easement for public right-of-way purposes over, under and across the above described property. Said perpetual easement lies Southerly of a line 50 feet Northerly of and parallel with the following described line: Beginning at the Northeast corner of the Southeast Quarter of the Northwest Quarter of Section 36, Township 118 North, Range 22 West, thence South 89 degrees 57 minutes 52 seconds West, assumed bearing, along the North line of said Southeast Quarter of the Northwest Quarter a distance of 1315.70 feet to the Northwest Corner of said Southeast Quarter of the Northwest Quarter; thence West and Southwesterly a distance of 496.63 feet along a curve concave to the Southeast having a central angle of 9 degrees 55 minutes 57 seconds and a radius of 2864.79 feet; thence Southwesterly a distance of 446.93 feet along a compound curve concave to the Southeast having a central angle of 44 degrees 41 minutes 36 seconds and a radius of 572.96 feet; thence South 35 degrees 17 minutes 57 seconds West a distance of 196.68 feet to the Northerly right-of-way of Trunk Highway 55 and said line there terminating and a temporary easement for construction purposes over, under and across the above described property. Said temporary easement lies Southerly of a line 80 feet northerly of and parallel with the above described line. The above described temporary easement shall terminate on December 31, 1989, or upon completion of construction, whichever occurs first. 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. I I 2637.61' RES 497 v o ^ v C11 W V C 7 Z m rnO 1 I ' 1C r 23 vl1 s v.. a 110 rle.e Q Vv P ^ S' S• Ijj CDco7• f 324 fil' 142 f 14T 61 I.r 7ds c NO•Ij'07•E 17 147 1 40'1 W V C 7 Z m rnO 1 I ' 1C r MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 11, 1988 For City Council Meeting of May 161988 TO: James G. Willis, City Manager Through Fred G. Moore, Director of Public Works FROM : Chester J. Harrison, Jr., City Engineer SUBJECT: ADVERTISEMENT FOR BIDS DUNKIRK MEADOWS CITY PROJECT NO. 817 We have received the final plans and specifications for the above project and recommend that the City Council adopt the attached resolution which approves these plans and specifications and orders advertisements for bids, with bids to be received on June 13, 1988. Chester J. Harrison, Jr., P.E. CJH:kh attachment: Resolution CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of the City Council of the City of Plymouth, Minnesota was held on the day of 1988. The following members were present: The following members were absent: XXX X)tX its adoption XXX introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS DUNKIRK MEADOWS - UTILITY IMPROVEMENTS CITY PROJECT NO. 817 WHEREAS, pursuant to a resolution passed by the Council on April 18, 1988, the City's Consulting Engineer, Westwood Planning and Engineering Company, has prepared plans and specifications for the improvement of Dunkirk Meadows 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 June 13, 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. XXX XXX )tXX A 7L CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 12, 1988 for council meeting of May 16, 1988 TO: James G. Willis, City Manage r FROM: Richard J. Carlquist, Public Safety Director SUBJECT FIRE STATION I AND FIRE STATION III APPROVAL OF FINAL PLANS AND SPECIFICATIONS; AUTHORIZING BIDS 1. ACTION REQUESTED: It is recommended that the City Council adopt the accompanying resolution which: 1. Approves the final plans and specifications for the remodeling of Fire Station I. 2. The construction of Fire Station III. 3. Authorizes and directs staff and Borman Architects, Inc., to advertise for bids on these two projects. 2. BACKGROUND: The referendum authorizing the City to sell general obligation bonds in the amount of $1.7 million was passed on April 28, 1987. The purpose of providing these monies was to finance capital expenditures consisting of the construction of new Fire Station III, the remodeling of Fire Station I, and the acquisition of related firefighting apparatus. $300,000 was to be appropriated from revenue sharing to make the total budget for both projects $2 million. The City Council has been involved in each phase of this project. We are now at the point where the Council must approve final plans and specifications and advertisement for bids. David Kroos of Borman Architects, Inc., has indicated that we may be over budget by approximately $137,500. In view of this finding, we discussed several deduct alternates that could be eliminated from the overall bid on Fire Station III to reduce the project cost. These items are not recommended for deletion at this time. We may want to consider amending the project budget. Specifically: 1. Substitute stucco, in lieu of metal panels. Savings: 30,000. 2. Omit the emergency generator. Savings: $9,000. 3. Omit the firing range equipment. Savings: $43,000. FIRE STATION I AND FIRE STATION III APPROVAL OF FINAL PLANS AND s SPECIFICATIONS AUTHORIZING BIDS May 12, 1988 for council meeting of May 16, 1988 Page 2 The architects also suggest we could reduce the contingency from 30,000 to $20,000. All these items are estimated to reduce the project by $92,400. If the contractor's pre-bid estimate proves to be accurate, and we were to deduct these items as estimated, we will still be approximately 45,000 over budget. Both Jack Borman and David Kroos will be present to discuss the plans for Fire Station I and III and the bidding process. If all goes well, we would expect to receive bids on June 14, and return to the City Council for a final review and recommendation on June 20. 3. RECOMMENDATION: That the City Council approve final plans and specifications and authorize bidding. The Council should also provide some direction with respect to the anticipated budget shortfall. The staff report awarding bids would provide additional recommendations for bid award. RJC: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 - APPROVAL OF FINAL PLANS AND SPECIFICATIONS FOR FIRE STATION I AND FIRE STATION III WHEREAS, a bond referendum was passed by Plymouth voters on April 28, 1987, for the remodeling of Fire Station I and the construction of new Fire Station III; and WHEREAS, Borman Architects, Inc. and Plymouth City staff have kept the City Council informed on these projects; and WHEREAS, Council approval was obtained at various stages in the project. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the final plans and specifications for the remodeling of Fire Station I and III are hereby approved; and RESOLVED FURTHER, that the City Manager is directed to advertise for bids for Council review and award. 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. 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Willis, City Manager, through Fred G. Moore, Director of Public Works FROM : John R. Sweeney, Assistant Engineer SUBJECT: BOND REDUCTIONS We have received a request from the developers for a bond reduction to reflect completed work in their development. The City has made inspections of the work and I recommend that the attached resolutions be adopted. These developments are: 1. Bass Lake Estates 2nd Addition (86065) 2. The Meadows of Bass Lake Addition (84011) 3. Wooddale North Addition (87059) John R. Sweeney JRS:kh 1, attachments: Resolutions CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: XXX adoption: XXX meeting of the City Council of day of , XXst introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND BASS LAKE ESTATES 2ND ADDITION (86065) WHEREAS, in accordance with the development contract dated July 9, 1986, Bass Lake Development, Inc., developer of Bass Lake Estates 2nd Addition (86065), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: ITEM Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL ORIGINAL AMOUNT NEW AMOUNT 76,807 0- 54,506 0- 49,830 0- 25,165 0- 10,600 8,000 0- 0- 450 0- 98,533 4,927 1,785 37,255 0- 1,551 354,931 14,478 That the letter of credit required for the above items be reduced as detailed above from $45,606 to $14,478 to reflect the completed work. 0 Resolution No. 88 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1.00 $1.000 32.920 $16.460 FURTHER BE IT RESOLVED that the sanitary sewer, watermain, storm sewer, street construction and concrete curb and gutter is accepted for continual maintenance as of May 16, 1988 subject to the One Year Guarantee by the Developer. The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. I CITY OF PLYMOUTH Pursuant to due call and notice thereof, a the City of Plymouth, Minnesota was held on the 1988. The following members were present: The following members were absent: XXir adoption: XXX meeting of the City Council of day of , XXX introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND THE MEADOWS OF BASS LAKE ADDITION (87059) WHEREAS, in accordance with the development contract dated February 17, 1988, Mien Fa Tchou, Craig E. Scherber and Wendy J. Scherber, developer of The Meadows of Bass Lake Addition (87059), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Pond or Ditch Construction Street Signs Site Grading and Drainage Improvements Park and Trail Improvements Design, Administration, Inspection, As-Builts TOTAL W) NO 005 1 U.1 flff.rwrel.1;• 44,040 44,040 64,031 12,649 28,506 2,851 31,649 3,165 5,800 5,800 0- 0- 450 450 86,720 51,095 0- 0- 31,343 14,406 292,539 $ 134,456 That the letter of credit required for the above items be reduced as detailed above from $292,539 to $134,456 to reflect the completed work. 0 Resolution No. 88 - Page Two FURTHER BE IT RESOLVED that the bonding requirements for the following items per Section 8.1 of the approved development contract be reduced as follows: ITEM Maintenance of Erosion and Sediment Control Plan Street Sweeping and Storm Sewer Cleaning Cash: Letter of Credit: ORIGINAL AMOUNT NEW AMOUNT 1,000 $1,000 33,000 $33,000 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. X XXSC N 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 adoption: meeting of the City Council of day of , introduced the following Resolution and moved its RESOLUTION NO. 88 - REDUCING DEVELOPMENT BOND WOODDALE NORTH ADDITION (84011) I WHEREAS, in accordance with the development contract dated October 31, 1984, Wooddale Ventures and Lyman Lumber Company, developer of Wooddale North Addition (84011), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the development bond to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the bonding requirements are reduced as follows: ITEM ORIGINAL AMOUNT NEW AMOUNT Street Construction $ 145,013 15,000 Sanitary Sewer 75,120 0- Watermain System & San. Sewer Services 59,190 0- Storm Sewer (includes estimated easement costs for drainage, ponding and street right-of-way easements) 82,914 0- Boulevard and Drainage Swale Sod 9,800 0- Pond or Ditch Construction 0- 0- Street Signs 750 0- Street Sweeping and Storm Sewer Cleaning Included in a separate grading permit and letter of credit) 0- 0- Park and Trail Improvements 0- 0- Site Grading and Drainage Improvements Grading permit issued) 0- 0- Maintenance of Erosion and Sediment Control Plan (included in a separate grading permit and letter of credit) 0- 0- Design, Administration, Inspection, As-Builts 44,734 1,800 TOTAL $ 417,521 16,800 That the letter of credit required for the above items be reduced as detailed above from $58,856 to $16,800 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. ft 7N -i CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: Mav 11. 1988 for Council Meetina 05/16/88 TO: James G. Willis - City Manages FROM: Richard J. Carlouist - Public Safety Director SUBJECT TOWING ORDINANCE AMENDMENT ACTION REQUESTED: It is recommended that Citv Council Pass the Ordinance Amendment relating to the towing of motor vehicles as is found Plymouth City Code Subsection 1310.11. BACKGROUND: I had previously alerted the Citv Council that an Ordinance Amendment concernina the subject of towing would be forthcoming. The amendments to the towing ordinance are either housekeeping in nature of updating our ordinance to coincide with State law. The changes recommended in this ordinance will not adversely affect the relationship between the Citv and the duly selected towing contractor. It is recommended that the Citv Council pass this Ordinance Amendment. RJC:as Enclosures ORDINANCE NO. AN ORDINANCE RELATING TO MOTOR, VEHICLES; AMENDING PLYMOUTH CITY CODE SUBSECTION 1310.11, SUBDIVISIONS 1, 5, 6, 8, 9, 11 and 14; REPEALING PLYMOUTH CITY CODE, SUBSECTION 1310.11, SUBDIVISIONS 7 and 12 THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Sec. 1. Plymouth City Code, Subsection 1310.11, Subdivision 1 is amended to read: 1310.11 Subdivision 1. Towaway of Vehicles; Contractors. General Rule. A vehicle parked in violation of this Code may be removed from any public street, alley or public way or grounds by any police officer or City official. The owner or driver of the vehicle shall be notified, if present or readily available, to remove the vehicle;_ Otherwise the vehicle sha-1-1 may be towed away to any garage, service station or other_ place of safe -keeping and impounded as herein provided, as--seen--as pessfble to facilitate snow removal, street maintenance, the orderly flow of traffic, fire fighting, or other lawful purpose. The owner shall pay the costs of such towing and storage. S-meegt fs---a7rr---efi4e-r-ge-ttf_-y-, The removal of a vehicle by or under the direction of the police eff}ee officer or other City official shall does not prevent the prosecution of a violation of this Section. Sec. 2. Plymouth City Code, Subsection 1310.11, Subdivision 5 is amended to read: Subd. 5. Towing and Storage Charges. The towing and storage charge in connection with the impounding of any vehicle shall not exceed the amount agreed upon in any current contract between the City and a duly appointed towing contractorT. A true and correct copy of whleh said contract shall be on file in the office of the Chief of Police and the City Clerk for public inspection and reference. The sale] towing and storage charges shall include $5.00 per vehicle for clerical and administrative expenses of the City. The City shall bill the towing contractor on the first of each month for such expenses. Sums due the City for each vehicle shall be paid by the towing contractor to the City Finance Director within ten days following the date of the bill, together with detailed records regarding all such service requests. Sec. 3. Plymouth City Code, Subsection 1310.11, Subdivision 6 is amended to read: Subd. 6. Charge When Owner Appears Before Towing. When a request has been made by the Police Department for the towing and impounding of a vehicle on account of a parking violation, and when the owner or operator thereof appears before such vehicle is in transit via towing equipment to the impoundment location, the tow truck operator shall release said vehicle to the owner or operator upon the payment of a service fee not to exceed $12.00. sed--t rw-k-es-l-acme-eeer-lie-ot s- e-X16-88-1€-stteh-tew-to#es-plaee-between-the-hett s-a€-6yAA p7FR -a*d- -a:-Frr: Upon the payment of such service fee the towing contractor shall give to the owner or operator of the vehicle a receipt for such payment, which includes $5.00 for the City as provided in Subdivision 5. This-€ee-shall-be-i-eta}ned-by the - oia eg- Ero rt torr- -p-r-cwt-i-clecl-,-ver-r-t-h•a-tr - tk e - a d FRl n is t rat l v e ee- e- -55---be- -t-&-tlie Elty-+iri a -Blreeter-e-urirtrh•-de*-a44ed--regarel -in Ej all-sueh-servlee-requests Sec. 4. Plymouth City Code, Subsection 131.0.11, Subdivision 7 is repealed. Sec. 5. Plymouth City Code, Subsection 1310.11, Subdivision 8 is amended to read: Subd. 8. Towing Contractor to Notify Owner. The towing contractor shall give notice of the impounding of such vehicle to the owner of such vehicle as shown by the records of the Minnesota Division of Motor Vehicles by telephone immediately upon the receipt of such vehicle, if possible, and if it is not possible shall notify the owner by registered mail within 24 hours after the receipt thereof. Where--a+j-a- --been lr pe tnded- f-s3--F68--e a.t,_ The towing contractor shall ascertain the identity of all parties with a financial interest in every vehicle held for ten days or more. The towing contractor shall notify all such parties in addition to the owner by registered or certified mail with return receipt requested of the continued impoundment of such vehicle within 1.5 days of its initial towing. the-name-o-€ie-ril-oget-her-rt-tire aaFRe--o-f--any- -ty--w€th-4 *aTt-e-i-a-1--}atereet- vr--t 19e- and w}th€n-€€Ve-4.54-da-ys--s4-ra43-irert-.-f--a-1-1--s-u-%-_-par-t•i-eo--by-reg€stereel mall The towing contractor shall keep a log showing all efforts made by telephone to contact the owner of such vehicle. and The log L together with copies of all required written notices, shall be maintained by the towing contractor for a period of three years from the date of such call or written communication. Sec. 6. Plymouth City Code, Subsection 1310.11, Subdivision 9 is amended to read: Subd. 9. Storage of Impounded Vehicles. Any vehicle directed to be impounded as herein provided, from the time it is taken possession of by the towing contractor and during the time it is impounded, and until the Game is released to the owner or authorized representative as herein provided, shall be considered to be in the custody of the law. and --no No work shall may be done thereon by the towing contractor, nor shall -fie may the 2- towing contractor permit anyone to do any work thereon except the impounding and storage thereof by the towing contractor his eFRpleyee--o-r----ri-s-- agent , until stteh---c-a-r the vehicle has been released to the owner as herein provided. All such ears vehicles when ordered released by the Director of Public. Safety shall be released te--€tie--cssr without other charge than except the impounding and storage fees herein provided. The ---t w- rg eeFit aete - trr-i rg--the---€hre--v-e-h3c-1.<—_ -€s---ifnjDoid-elect- -set pe n t- e- o-wrrer--o-r--erty -e -perc-the vehiele-any-part-e.f-parts=-er-ehanEje-er-cepa}r-any-paict-eic-paicts- All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored in inside garages. Vehicles impounded for other reasons may be stored in inside garages or on designated parking lots. Sec. 7. Plymouth City Code, Subsection 1310.11, Subdivision 11 is amended to read: Subd. 11. Damaged Vehicles. The towing contractor sha}} may not solicit, directly or indirectly, the impounding or towing of ears vehicles under this ehapter Section. This prohibition does not apply to privately ordered tows, provided that the towing contractor makes no implied or express representation that such tow is on the authority of the City of Plymouth or its ordinances. There are no impoundment or impoundment fees in the event of a disabled vehicle whose owner or authorized operator requests a tow to any location other than the premises of the towing contractor. Fees for such services are not regulated by this Code.€-cry--eek€eke--eie- oec i-eco-e--rro-t,--€s- epen--t+re— --.e-tree-t-e-e€--t4-r4,--rty--}e--{-,a--elaFmageel-mrd-i 3 r -a a -a estt t-e - aee3de t-err--d-i-s- -i-r -tit it -be-4K€ven*s-an6-iis se--&s--+-e-v;rstii -t -an- -o€-*-4-ie--s-t-resetr -the sate-stay-he-e de ed-€x pettFided-b-the-Pe ee-Pepa tx eFit ;-p A ded; hat- i-#-the--ewrrer--e - r ter --the ee€-bhas --requested]--0-r--dees request=-at4he*_--s-u ri l-be-trewe4-to-4h3s-ter-or--t-o--&Fry-garage owner-s4ge-1-.--a-d e---o--€l-re-tew Fzg-ees ae o--a--s*fr+- -e<:ft r-€a-the Ftpeund4:nq-dee e de-stteh-teh€eke-te-be-per Fided-}s-aFt*-ptth}e-peaad-t Ft ess-the Pelee -fie wrwrtffr_-n-t- rr:a-i-posgegeiarc-e€--stte - r--€a-Fleeesea Ft-the-p esee t eF1-a€-aFt-pe seFt-€e-€eat€eFt-a€-aw- Sec. 8. Plymouth City Code, Subsection 1310.11, Subdivision 12 is repealed. Sec. 9. Plymouth City Code, Subsection 1310.11, Subdivision 14 is amended to read: Subd. 14. Report of Police Officer. Any A police officer or other authorized person directing the impounding of any an unoccupied or damaged vehicle shall prepare a written report of the description of such vehicle, which report shall, among other 3- things, include the following: Make of car; license number, motor number; number of tires; tools and other separate articles of personal property; general description of the car with regard to condition, damaged parts, and such other information as may be necessary to describe adequately the vehicle and property delivered to the towing contractor. A copy of such report, signed by the officer or officers, shall be delivered to the towing contractor at the time of impounding. An original copy of report shall be kept on file in the Police Department. A copy shall be delivered to the City Finance Director -Treasurer. The tew eg-eeet aete-s a-eee-i-r--trek--r-epo-r-t -a-sl a-ei ee reee}pt--f-err--tie-ve19i-eIe-mrd-e9eribe6-3-fr-:moi---repert- 3 e-e}q aT-aad-eee-ee-e€-sa ei-epe t=-aae]-tew ag-ee t aete=e reeeipt7--j +ral3-be--f-i-1ed--i-r}-mt49e--P - o -1-i - c-e-Pe19a-r#fneet---: - (---PeI}ee PepartfReet--d-e4A-v- r--.*n-e--a€-sa4d-e{)ri-ee-aanee. Direeter-Treasurer- Sec. 10. Effective Date. This ordinance is effective in accordance with Subsection 110.11. ATTEST: Clerk 0066CR02M63 4- Mayor 0 7N -a CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 11. 1988 for City Council Meeting 05/16/88 TO: James G. Willis - City Manager FROM: Richard J. Carlouist - Public Safety Director SUBJECT ORDINANCE AMENDMENT RELATING TO THE USE OF FIREARMS AND HUNTING - PLYMOUTH CITY CODE SECTION 930 ACTION REQUESTED: It is recommended that the City Council pass the accompanying Ordinance amending the Plymouth City Code Section 930 which restricts hunting in our community. BACKGROUND: Although this may be premature at this time. every fall our police officers experience difficulty enforcing the current City Ordi- nance as it applies to hunting. The problem that we have faced in the past is that unless we actually see the hunter discharging his weapon at an animal. we have not been able to pursue a complaint or citation for violation of our hunting ordinance. It is intended that this new ordinance would give us additional tools to properly act when we receive hunting complaints in the future. It is recommended that the City Council pass this Ordinance Amendment. RJC:as Enclosures ORD. NO. 88 AN ORDINANCE RELATING TO THE USE OF FIREARMS AND HUNTING: AMENDING PLYMOUTH CITY CODE, SECTION 930, BY ADDING A SUBSECTION: AMENDING PLYMOUTH CITY CODE, SUBSECTION 930.05. THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code, Section. 930, is amended by adding a subsection to read: 930.04. Definitions. Subdivision 1. For purposes of this section the terms defined in the subsections have the meanings given them. a) "Hunting" means pursuing, shooting, injuring, capturing or attempting_ to pursue, shoot, inure or capture any animal. b) "Animal" means all living creatures, not human, endowed with sensation and power of voluntary movement, and includes mammals, birds, amphibians, and reptiles. Subd. 2. Ground Rule. Except as provided in Subsection 930.05, no person may engage in hunting within the City of Plymouth while in possession of a firearm or bow and arrow. Sec. 2. Plymouth City Code, Subsection 930.05, is amended to read: 930.05. Special Permits. Subd. 1. Certain Animals. The Clerk may grant a permit to any adult person under no legal disability for the possession of firearms upon application for the use of firearms to destroy diseased, injured or dangerous animals, birds or reptiles7-4Du*_---ro No such permit shall -be is valid for longer than twenty-€eer f24} hours. Ne-€ee-shall-be-eharged-€er-sueh-a-perFRit There is no permit fee. Subd. 2. Nuisance Animals. A permit may also be issued by the Clerk to any adult person under no legal disability for the possess ion of firearms for use of firearms on the property for whom t permit is granted des€rite€ien- o -f to destroy crows, rabbits, skunks, or similar small animals or birds which are a nuisance or which are causing damage or injury to trees or crops. Such permit shall be valid until December 31 of the year in which granted and shall be issued upon the payment of the fee set up by Chapter X. Subd. 3. Overpopulated wild animals. A permit may also be issued by the Clerk upon approval of the City Council to any adult person under no legal disability for the possession of firearms to hunt specified types of animals with a firearm or bow and arrow in designated areas where there is existing or threatened overpopulation of such animals. Such permit may only be issued under terms that are consistent with all applicable state and federal laws and regulations concerning protected wild animals. Sec. 3. This ordinance is effective upon publication in accordance with Subsection 110.11. Adopted this day of , 1988. ATTEST: Clerk 0066OR02M63 2- Mayor CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 5, 1988 7N-3 TO: Mayor and City Council FROM: dames G. Willis, City Manager SUBJECT HOUSEKEEPING AMENDMENTS TO PLYMOUTH CITY CODE, SECTION 100.03 AND 100.07 1. ACTION REQUESTED: The Council should adopt the attached housekeeping revisions to Plymouth City Code, Section 100.03 and 100.07. The ordinance enables ordinance amendments to refer to particular clauses of the code, allowing us to cut down on publication requirements on long ordinances involving several clauses. It also updates the statutory references to reflect 1988. FB:kec ORDINANCE NO. AN ORDINANCE RELATING TO THE CITY CODE: STATUTORY REFERENCE AND AMENDMENTS: AMENDING PLYMOUTH CITY CODE SUBSECTIONS 100.03 AND 100.07 THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Plymouth City Code, Subsection 100.03 is amended to read: 100.03. Citation; Reference, Numbering System. For the purposes of internal references in this Code and citation by its users, the following terms eha11-be are used: Chapter Roman numerals (e.g. Chapter XI) Section Arabic numerals (e.g. Section 1100) Subsection Arabic numerals for section and subsection separated by decimal e.g. Subsection 1100.01) Clause Arabic letters, lower case, in parentheses (e.g. (a)) Reference or citations made in a form other than the foregoing shall will not defeat the intent of the Council in enacting an ordinance or the intent of a user in citing the Code when such intent is otherwise clear. This Code shat} is to be construed liberally to carry out its purposes. Sec. 2. Plymouth City Code, Subsection 100.07 is amended to read: 100.07. Official Statutes; Codes, Regulations; and Ordi- nances. References in this Code to Minnesota Statutes are to Minnesota Statutes 1986, Minnesota Statutes, 1987 Supplement, and Laws of Minnesota 198q 1988, unless otherwise provided in this Code. References in this Code to Rules and Regulations of state agencies, codes and ordinanc- es of other municipalities are to those documents in effect on July 1, 1987 1988 unless otherwise provided. Sec. 3. This ordinance is effective in accordance with Plymouth City Code, Subsection 110.11. Mayor Attest: Clerk 00660D03.F16 2000 First Bank Place West Minneapolis Minnesota 55402 Telephone (612) 333-0543 Telecopier (612) 333-0540 Clayton L. LeFevere Herbert P. Lefler J. Dennis O'Brien John E. Drawz David J. Kennedy Joseph E. Hamilton John B. Dean Glenn E. Purdue Richard J. Schieffer Charles L. LeFevere Herbert P. Lefler III James J. Thomson, Jr. Thomas R. Galt Dayle Nolan John G. Kressel Steven B. Schmidt James M. Strommen Ronald H. Batty William P. Jordan William R. Skallerud Rodney D. Anderson Corrine A. Heine David D. Beaudoin Steven M. Tallen Mary Frances Skala Christopher J. Harristhal Timothy J. Pawlenty Rolf A. Sponheim Julie A. Bergh Darcy L. Hitesman David C. Roland Karen A. Chamerlik Paul D. Baertschi L(Tev ere Lef ler KennedN O'Brien k I)raNvz 1 I'n,l, "i„na l i:ui„n May 2, 1988 Mr. Jim Willis City Manager City of Plymouth 3400 Plymouth Boulevard Minneapolis, DIN 55447 Re: Code Amendments Dear Jim: Enclosed is the draft of an ordinance amending Subsections 100.03 and 100.07 of the City Code. The ordinance does two things. First, it enables ordinance amendments to refer to particular clauses of the ordinance code, thus cutting down or. publication requirements where long ordinances involving several clauses are involved. Secondly, the amendment to Subsection 100.07 is made each year to make current the statutory references that are made throughout the code. Yglurs fiery truly, D&vid 'Z. Kennedy DJK:caw Enclosures cc: James Thomson 70 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: Friday, May 13, 1988 for the City Council meeting May 16, 1988 TO: James G. Willis, City Manager FROM: Dale E. Hahn, Finance Director SUBJECT: Disbursements I hereby recommend for payment the attached listing of disbursements for the following funds: Norwest Bank - MetroWest General Fund $1,201,551.51 Construction Fund $ 574,708.47 Utilities Fund $ 247,758.92 Metro Bank - Plymouth Office Housing & Redevelopment Authority $ 37,152.42 GRAND TOTAL FOR ALL FUNDS $2,061,171.32 Above totals are for the period ending April 30, 1988. Owl. _ Dale I HEREBY APPROVE THE ATTACHED LISTING OF DISBURSEMENTS AND RECOD24END SAME FOR PAYMENT. J s G. Willis i I TN01fhZnbiJ .. _ '. 1 .. :.- J •; Y T ?.. '. _. .. n n . 1 .: n A G O r .. '0_:;. 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W\ Y OI - N WWe-P 0r- 0 o tI-M co P M 10 J CL i r 1 U h N 0 Mh w M0 W I n 0 `O M U I, I, M M N< O W" Go N NO M N 1000 t N N M M— r- M N 1- I -- C S N N Ml 't e- N 14 —" N N t N N N 14 IA In O LL W cc 4 N N N 69 N N w4 Hi W 1-- t W O In u O Oo 00 1- P S N 0 au t O -01- W P O r N M t ul "r) ti CO P O.-NMt Z titir- ti w CO W W W 000000 w PP PPP N p t 111 It t It 'r 1 1 1 1 It -T It It It t t Y W e -- — a -- - —— - —— - r -- V u W Q W = v W u z W 0 k2 Im J4H O I. - DO WOC Y uW O x V Z KI M M M M M M M in M M rn M in fn M M M M Y O O O O O O a 0 O O O O U O O O O O O Z F c o to O 0 - LU x CITY OF PLYMOUTH Pursuant to due call and notice thereof, a meeting of City Council of the City of Plymouth, Minnesota was held on the day of , 1988. The following members were present:_ The following members were absent: _ its adoption: the introduced the following Resolution and moved RESOLUTION NO. 88 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING APRIL 30, 1988 WHEREAS, A list of disbursements for the period ending April 30, 1988 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYNlWM, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: Norwest Bank - MetroWest General Fund $1,201,551.51 Construction Fund $ 574,708.47 Utilities Fund $ 247,758.92 Metro Bank - Plymouth Office Housing & Redevelopment Authority $ 37,152.42 GRAND TOTAL FOR ALL FUNDS $2,061,171.32 The motion for the adoption of the foregoing Resolution was duly seconded by and upon vote being taken thereon, the following voted in favor thereof: The following voted against or abstained: Whereupon the Resolution was declared duly passed and adopted. 7 P MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447 DATE: May 6, 1988, for Council Meeting of May 16 TO: James G. Willis, City Manager FROM: Mary Patterson, Superintendent of Recreation, through Eric Blank %{ SUBJECT: CONCESSIONNAIRE AGREEMENT FOR PARKERS LAKE AND ZACHARY PLAYFIELD 1. ACrICN REQUESTED: Approval of the attached agreement with C & J Food Enterprises, Inc., to provide concession services at Parkers Lake City Park and Zachary Community Playfields for the 1988 summer season. 2. BACKCROJND: The attached agreement was prepared by the City attorney's office. Because the concession facility at Parkers Lake will not be operational until late in the season in 1988, a vendor with a portable unit is a way to provide concession services at park sites without considerable capital expense. Further, since the contract is for the 1988 season only, there will be no obligation on our part once our own concession facility is operational. The experience and knowledge gained will provide information needed for decision making in the future. The trailer will be located in a parking bay near the beach area at Parkers Lake and on the plaza area in the center of the softball wheel complex at Zachary. 3. PRIMARY ISSUES AMID ANALYSIS: There are four (4) interested vendors: Joyce Dwinell, Tom Gehl, Chris & Julie Johnson (C & J Food Enterprises) and Tammy Schons. The Johnsons are the only vendors willing to provide concessions at both Parkers Lake and Zachary, including weekends at Parkers Lake. They are experienced in food service. They operate the Taco Maker restaurant in Minnetonka. It is a clean, well run operation. Since this type of concession operation has never been provided before, it is impossible to determine what gross sales would be. An estimate would be between $8,000 and $15,000. The City would receive 15%, or $1,200 to 2,250 based on the above gross sales. By agreement, the City assures the vendor exclusive right to operate in each park during certain days and hours, a level parking spot, electricity and trash receptacles. CONCESSIONNAIRE AGREEMENT FOR PARKERS LAKE AND ZACHARY PLAYFIELD Page 2 The vendor is responsible for providing a new concession trailer and keeping it in good repair, keeping the immediate area free from refuse, operating on the agreed upon schedule, furnishing monthly statements of gross cash receipts, paying 15% of the receipts to the City, naming the City as co-insured for general liability for the amount of $600,000, and complying with all governing authorities requirements. 4. RDOCiMENDATICM AND CGNCLUSICW: The agreement with C & J is only for one season, and will provide data which will be needed next year if we decide to request proposals for Zachary Park. The availability of refreshments will be seen by park users as an enhancement to our park services. The agreement satisfactorily addresses refuse clean up as well. It is recommended that the Council adopt the attached resolution authorizing the Mayor and City Manager to enter into a concessionnaires agreement for this season. Mary Patterson Superintendent of Recreation MP/np Attachments CONCESSIONAIRE AGREEMENT PARKERS LAKE BEACH This Concessionaire Agreement, known herein as Agree- ment, made this 17th day of May, 1988, by and between C & J Food Enterprises, Inc., a corporation, known herein as Concessionaire, and the City of Plymouth, known herein as City, WITNESSETH: City and Concessionaire hereby agree that Concession- aire shall provide a variety of food and beverage items at the location known as Parkers Lake Beach, County Road 6 and Niagara Lane, Plymouth, Minnesota, for the fixed term commencing May 28, 1988, and ending September 5, 1988, unless sooner terminated or extended as provided herein. In Consideration Thereof, the Parties Covenant and Agree: 1. Exclusivity. City shall not allow other conces- sionaires to operate at the same time and location as Concessionaire operates pursuant to this agreement. "Oper- ate" means open for business. City expressly reserves the right to allow other concessionaires to operate at the location described above when Concessionaire is not operat- ing. 2. Suitability and Maintenance of Site. City shall provide a level area on which to park Concessionaire's trailer. The area shall be accessible and visible to the public. The City also agrees to provide a means of securing the trailer to the ground, access to electricity, access to water if a water supply exists, satellite or other restroom facilities, trash receptacles, and trash removal. Conces- sionaire shall keep the trailer and equipment in good repair and shall keep the immediate area free from refuse at all times. 3. Days and Hours of Operation. From May 28, 1988 up to but not including June 4, 1988, and from August 22, 1988 through September 5, 1988, Concessionaire shall operate on weekends and holidays from 11:00 A.M. to 4:30 P.M. except as otherwise provided herein, and may operate on weekdays other than holidays. During said periods, the decision to operate on weekdays other than holidays and the hours of operation on weekdays other than holidays are at the discretion of Concessionaire. From June 4, 1988 through August 21, 1988, Concessionaire agrees to operate from 11 A.M. to 4:30 P.M., seven (7) days a week except as otherwise provided herein. When the beach is closed, Concessionaire may, at its dis- cretion, also close. Concessionaire may request from City permission not to operate. Except in case of threatening or inclement weather, such request shall be in writing and City may deny request without cause. In case of threatening or inclement weather, such request may be verbal and City may deny request without cause. If City approves the request, City reserves the right to condition such approval. City may direct Concessionaire not to operate. In such event, 2 t City shall exercise best efforts to provide Concessionaire at least twenty-four (24) hours advance notice. Such notice may be verbal. 4. Compensation and Monthly Sales Reports. Conces- sionaire shall to pay City compensation in the amount of fifteen percent (15%) of Concessionaire's Net Sales. "Net Sales" means Gross Sales less six percent (6%) State Sales Tax. Compensation shall be paid by Concessionaire to City monthly, and Concessionaire shall furnish to City a monthly statement of gross cash receipts. Compensation and monthly statement shall be delivered to the City Finance Department at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447, on or before the 10th day of each month for the preceding month. If Concessionaire fails to pay when compensation is due and payable, such unpaid amounts shall bear interest from the due date thereof to the date of payment at the rate of six percent (6%) per annum. 5. Right to Examine Books. City shall have the right, upon request, to inspect Concessionaire's books and records of its gross receipts and inventories of merchan- dise. Acceptance by City of compensation shall be without prejudice to City's said right to inspect Concessionaire's books and records. 6. Indemnification and Insurance. Concessionaire agrees to indemnify City and hold City harmless for any damages arising out of Concessionaire operations. Conces- sionaire shall procure and maintain for the term of this 3 Agreement general liability insurance in the amount of 600,000 naming City as additional insured. Concessionaire shall provide written verification of such insurance to City prior to commencement of Concessionaire operations. 7. Governmental Regulations. Concessionaire shall, at Concessionaire's cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governing authorities, now in force, or which hereafter be in force, pertaining to Concessionaire operations, and shall faithfully observe in said operations all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. This provision specifically includes compliance with Work- ers' Compensation laws. 8. Entire Agreement. This Agreement sets forth all covenants, promises, agreements, conditions, and understand- ings between Concessionaire and City concerning selling food and beverage items at Parkers Lake Beach. There exist no other covenants, promises, agreements, conditions or under- standings, either oral or written, between them other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon Concessionaire or City unless reduced to writing and signed by them. 9. Assignment. Concessionaire shall not assign this Agreement without the written consent of City. Such consent may be withheld by City without cause. 4 10. Early Termination. This Agreement may be ter- minated prior to its natural expiration for good cause by Concessionaire or City upon ten (10) days notice. 11. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be deemed sufficiently given by City if sent by registered mail to Concessionaire at and by Concessionaire if sent by registered mail to City at the address fixed for payment of compensation. Notices given in accordance with these provisions shall be deemed received when mailed. 12. Partial Invalidity. If any term, covenant, or condition of this Agreement to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be given full force and effect. 13. Police Patrolling. City shall inform the Chief of Police that Concessionaire's trailer is authorized to park and remain overnight on City property located at Parkers Lake Beach and shall be included in routine police patrol- ling of Parkers Lake Beach. Approved by Resolution 88 - CITY OF PLYMOUTH By Its Mayor By Its City Manager 5 C & J FOOD ENTERPRISES, INC. By By Its President Its Vice President CITY OF PLYMOUTH 7 Q 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 12, 1988 for City Council Meeting May 16, 1988 TO: dames G. Willis, City Manager FROM: Community Development Coordinator Chuck Dillerud through Blair Tremere, SUBJECT Community Development Director TYCO TOYS, INC. - CORRECTION OF ERROR IN FLOOD PLAIN OVERLAY DISTRICT MAP ACTION REQUESTED: Approve the removal of a parcel of land located at 13th Avenue North and County Road 18 from the Flood Plain Overlay District, based on an error made at the time of the original drafting of the Flood Plain Overlay District Map. Ordinance provisions appear to allow such an error correction by way of City Council Resolution, rather than Ordinance Amendment. BACKGROUND: The petitioner, through his engineer, has submitted the technical aspects of this issue to the Bassett Creek Watershed Commission; the Department of Natural Resources (DNR); and the Federal Emergency Management Agency. All of these agencies have responded affirmatively to the concept of correcting the error on the Plymouth Flood Plain Over- lay District map. PRIMARY ISSUES AND ANALYSIS: With the concurrence of all the affected agencies and the City of Plymouth Engineering Department to the propriety of the action from a technical standpoint, the only issue that would appear of consequence, is the method by which the adjustment is being hereby proposed. This will be the first time that an error such as this has been corrected in the Flood Plain Overlay District Map in the manner that is being hereby proposed. RECOMMENDATIONS AND CONCLUSIONS: Staff has attached a Resolution proposed for adoption by the City Council which would effect the adjustment to the Flood Plain Overlay District Map as presented. AttaphmPntc 1. Resolution Approving Correction to Flood Plain Overlay District Map. 2. Background 3. Location Maps 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 CORRECTION TO CITY OF PLYMOUTH FLOOD PLAIN OVERLAY DISTRICT MAP WHEREAS, the City of Plymouth Zoning Ordinance, Section 6., Subdivision A., 3., b., provides a method by which the City Council may correct errors in the original Zoning Map for the Flood Plain Overlay District; and, WHEREAS, Tyco Toys, Inc., through their consulting engineer Sherman Goldberg, has requested the City Council to remove property identified as Property Identification 25-118-22-43-0026 from the Flood Plain Ordinance District based on an error in the original Flood Plain Overlay District Zoninq Map; and, WHEREAS, representatives of the Minnesota Department of Natural Resources (DNR); the Federal Emergency Management Agency; the Bassett Creek Watershed Commission; and, the United States Corps of Engineers have indicated their concurrence in such an action; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MIN- NESOTA, that it should and hereby does direct the City Enqineer to adjust the Flood Plain Overlay District Map to remove the subject parcel therefrom, and notify the appropriate state and federal agencies. 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. 0 S 0 NO 270 11 r. 1 1 k I Y _ s '. Q L r NE LAKE ,,c, . fit,, ; r Nl GO n l 1962 •rlo Photo e kph S 87*17'W (iC.li t n!t N G<• J GGr , t ••_.-c \ r° , .•. ;:;(!` Y 151 : ;:`'y°.~ °(el i 1 ,a . s, Iii \ , <, , s„ f: si - - a++<- G ("R "'' R ` . • G Z. N- c o `Q °• b_ t tlSti\\ fir16416, 9-R,c, G1 ty '/ - e,. Q rB xjf 9r'c, sl..c° C.S R.L.S. No C •,' •[ \ g j9sio- n^ , p -. .•i.. lL urc_1r 19.lf 191.75 7111.1 _ AG.71 _ (/ ate` tt'77E 501.75 'GO `- C`: M 11 U'w zcz.n RH Mi\, AM GOVT LOT 4 / ACREAGE Sw 1/4 SE 1/4 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: May 12, 1988 TO: Mayor and City Council FROM: dames G. Willis, City Manager 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. 3W:kec CITY OF PLYfv10UTH 3400 PLYMOUTH BLVD.. PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 Rev. February 23, 1988 MEMO DATE: February 8, 1988 for City Council Meetinq 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. I. The City Manager shall ensure the appropriate and timely completion of the following projects: A. Water Treatment Plant - Assure that the new water treatment plant is completed and in operation by June 15, 1988, or such later date as the Council may establish. B. Parkers Lake Pavilion - Assure that the Parkers Lake pavilion construction is completed on time and within the Council approved project budget. The construction schedule will be established by the City Council at the time bids are awarded. C. Fire Station Nu. 3 and Modifications to Fire Station No. 1 - Assure that the construction of Fire Station No. 3 and the modifications to Fire Station No. 1 are completed in a timely fashion and within the Council approved budget. The timetable for each of these projects will be established at the time bids are awarded. D. St. Mary's Neighborhood Park - Assure that the construction of the St. Mary's neighborhood park is completed in a timely fashion and within the Council 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. Il. 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 progrim established to protect and preserve the City's investments in all fixed assets and maximize the efficient use of such assets. A. Infrastructure Replacement - The Council has indicated its intent to develop and undertake a comprehensive and city-wide pavement resurfacing program. The Council has also established an infrastructure replacement reserve fund for the purpose of assisting in financing of street resurfacing and/or replacement. The City Manager shall be responsible to develop a report for 1985 PERFORMANCE OBOECTI\IES Atli) STANDARDS FOR CITY MANAGER Rev. February 23, 198 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. 1., .., s k—a S ) L/i3 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. 1923 a7/,7T ln 4",x„_1 { 128 IV. COMMUNITY DEVELOPMENT The City Manager shall maintain sensitivity to public relations and take appropriate actions whenever required to establish, redirect or redefine City policies or programs to ensure the continuation of cooperation, confidence and respect of Plymouth residents and the business community. A. Interface With Homeowners. The Building Inspection Division is increasingly called upon to provide advice and assistance to homeowners seeking information regarding construction procedures, design criteria, and code requirements for building modifications and additions. These contacts create a significant demand upon available time of personnel within the division and especially upon non-technical personnel in the office since technical staff are often in the field. Reasonable assistance to citizens is deemed to be a service to be provided, and it will be within the capabilities of available resources. 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. z/ifl, I'l2-7 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. V)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 recyclinq 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 qreater 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 OBOECTIVES AND STANDARDS FOR CITY MANAGER Rev. February 23, 1985 February 8, 1988 Page five CONCLUSIONS The City Council will evaluate performance for each objective as "exceeds expectation", "meets expectation", or "does not meet expectation." For total performance to qualify for "exceeds expectation": No objective or standard will be evaluated as "does not meet expectation." At least two-thirds of the objectives and standards will be evaluated as exceeds expectation." For total performance to qualify for "meets expectation": Less than one-third of the objectives and standards will be evaluated as does not meet expectation." At least one-fourth of the objectives and standards will be evaluated as exceeds expectation." An overall rating of "exceeds expectation" wilt 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 foregoinq progress being made with each objective and standards. Councilmembers will individually rate the Manager's performance on each item requiring rating during the preceding period. The scheduled evaluations will be accumulated and combined with the final review to be completed prior to the end of December. The accumulative evaluation will then determine the Council's evaluation of the 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: OW:kec 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