HomeMy WebLinkAboutCity Council Packet 11-25-2003Items require 5 affirmative votes of the City Council for approval.
CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
NOVEMBER 25, 2003, 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PLYMOUTH FORUM—Individuals may address the Council about any item not contained
on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15
minutes are not needed for the Forum, the City Council will continue with the agenda. The
City Council will take no official action on items discussed at the Forum, with the exception of
referral to staff or Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
4.01 Accept transfer of ownership of Hilde Performance Center from Plymouth Civic
League to City of Plymouth, Barbara Willis, Plymouth Civic League President
Res2003-522)
4.02 Presentation of National Gold Medal Finalist Award for Park & Recreation
Department, Park Director Eric Blank
4.03 Report on Mayor’s Housing Challenge on November 21-22 (Mayor Johnson)
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staff direction
only. The Council will not normally take official action on items added to the agenda.
6. CONSENT AGENDA—These items are considered to be routine 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 placed
elsewhere on the agenda.
6.01 Approve proposed City Council Minutes
REGULAR COUNCIL MEETING
NOVEMBER 25, 2003
Page 2
Items require 5 affirmative votes of the City Council for approval.
6.02 Approve disbursements (Res2003-523)
6.03 Approve comments on the Metropolitan Council's 2030 Regional Development
Framework (Res2003-524)
6.04 Approve Final Plat and Development Contract for “Carlson Terrace”, five single
family homes located at 314 Harbor Lane and 14420 Carlson Parkway. Wilson
Management. (2003087F – Res2003-525 & Res2003-526)
6.05 Approve Site Plan Amendment to allow construction of a 5,824 square foot addition to
the north side of the existing Boston Scientific building located at 5905 Nathan Lane
North. HCM Architects. (2003110 – Res2003-527)
6.06 (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.7)
6.07 Approve Conditional Use Permit to exceed 50% of the principal structure for office
use in the I-2 (General Industrial) Zoning District for property located at 5455 State
Highway 169. Robert Jossart. (2003103 – Res2003-528)
6.08 Approve Conditional Use Permits to allow 70% office use in the I-1 (Light Industrial)
Zoning District for properties located at 14405, 14505, and 14305-21st Avenue North.
Sentinel Property Management Corporation. (2003111, 2003112 and 2003113 –
Res2003-529, Res2003-530, Res2003-531)
6.09 (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.4)
6.10 (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.5)
REGULAR COUNCIL MEETING
NOVEMBER 25, 2003
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Items require 5 affirmative votes of the City Council for approval.
6.11 Approve audit services (Res2003-532)
6.12 Approve final payment for the Reserve Transit Station (1032 – Res2003-533)
6.13 Award contract for the 15th Avenue Storm Sewer Project (3130 – Res2003-534)
6.14 Receive preliminary engineering report and order plans and specifications for trunk
water main from Larch Lane to Pineview Lane and Lancaster Lane to Well No. 11
3124 – Res2003-535)
6.15 Approve "No Parking" restriction on the south side of 10th Avenue, east of Xenium
Lane (County Road 61) (Res2003-536)
6.16 Approve "No Parking" restriction on 35th Avenue west of Plymouth Boulevard
Res2003-537)
6.17 Approve "No Parking" restriction on Trenton Lane north of Bass Lake Road
Res2003-538)
6.18 Approve installation of stop sign at Comstock Lane and 29th Avenue (Res2003-539)
6.19 Approve request to expand the duties of Medicine Lake Watershed Subcommittee
Res2003-540)
6.20 Approve Certificates of Exemption, Wetland Conservation Act for the following
properties:
6.20.1 PIN 10-118-22-42-0006 (Res2003-541)
6.20.2 15705 37th Avenue (Res2003-542)
REGULAR COUNCIL MEETING
NOVEMBER 25, 2003
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Items require 5 affirmative votes of the City Council for approval.
6.21 Accept street and utility construction for continual maintenance:
6.21.1 The Reserve 2nd Addition (2002054 – Res2003-543)
6.21.2 Wellswood Court (2001076 – Res2003-544)
6.22 Final release of the required financial guarantee:
6.22.1 Conor Meadows Plat Two (96150 – Res2003-545)
6.22.2 Plum Tree 3rd Addition (97034 – Res2003-546)
6.22.3 Plymouth Oaks Addition (93078 – Res2003-547)
6.22.4 Plum Tree 4th Addition (98019 – Res2003-548)
6.23 (This item was removed from the agenda)
6.24 Approve 2004 Regular Council meeting schedule (Res2003-549)
6.25 (This item was removed from the Consent Agenda and placed under General Business
as item No. 8.6)
6.26 Approve revised water rates (Ord2003-33)
amended ordinance
6.27 Approve revised sewer rates (Ord2003-34)
amended ordinance
7. PUBLIC HEARINGS
7.1 Vacation of a drainage and utility easement in Lot 1, Block 1, Annick Acres
Res2003-550)
REGULAR COUNCIL MEETING
NOVEMBER 25, 2003
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Items require 5 affirmative votes of the City Council for approval.
8. GENERAL BUSINESS
8.1 Award sale of 2004 Street Reconstruction Bonds and Open Space Refunding Bonds
Res2003-551 & Res2003-552)
8.2 Consider Site Plan, Preliminary Plat, and Variances for “The Woods at Medicine
Lake” located east of South Shore Drive and north of 11th Avenue North. Quest Real
Estate, Inc. (2003089) (tabled from October 28) (Res2003-553, Res2003-554)
8.3 Consider Water Resource Budget:
8.3.1 Adopt Revised Preliminary Water Resources Budget for 2004
8.3.2 Adopt revised surface water fee
8.4 Approve amended and restated Joint Powers Agreement for the Elm Creek Watershed
Management Commission (tabled from November 10) (This item was previously item
No. 6.09) (Res2003-555)
8.5 Approve agreement for Construction Manager Services for Ice Center (This item was
previously item No. 6.10) (Res2003-556)
8.6 Approve 2004 Park Rental Policies and Fees (This item was previously item No. 6.25)
Res2003-557)
8.7 Approve Zoning Ordinance Text Amendment that would provide regulations for
Helicopter Landings and Take-Offs. City of Plymouth. (2003090) (This item was
previously item No. 6.06) (Ord2003-35, Res2003-558)
REGULAR COUNCIL MEETING
NOVEMBER 25, 2003
Page 6
Items require 5 affirmative votes of the City Council for approval.
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
Agenda Number: (.,/, 0 I
TO: Laurie Ahrens, Acting City Manager
FROM: Eric Blank, Director of Parks and Recreation
DATE: November 17,2003, for Council Meeting of November 25
SUBJECT: Approve Agreement on the Formal Acceptance of Hilde Performance
Center from the Plymouth Civic League to the City of Plymouth
ACTION REQUESTED: The City Council should pass the attached resolution approving
the agreement between the Plymouth Civic League and the City of Plymouth on the official
transfer of title of the Hilde Performance Center to the City of Plymouth.
BACKGROUND: All of the paperwork necessary for the complete transfer of the Hilde
Performance Center from the Plymouth Civic League to the City of Plymouth has now been
completed. The attached agreement was drafted by the City Attorney's office to allow for the
formal transfer of the property from the Civic League to the City of Plymouth. Barbara
Willis, President of the Plymouth Civic League, will be present at Tuesday's Council
meeting to say a few words.
RECOMMENDATION: City staff recommends the City Council approve the resolution
authorizing the Mayor and Council to sign the agreement authorizing the transfer of property
to the City.
AGREEMENT
THIS AGREEMENT made this gky day of September 2003 by and between
the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City") and the
PLYMOUTH CIVIC LEAGUE, a Minnesota non-profit corporation ("PCL").
RECITALS:
WHEREAS, the City and PCL entered into an "Agreement" dated the day
of , 200$, relating to the construction of a Center for Performing Arts
Center") in a park owned and operated by the City known as Plymouth Creek Park
Park"); and
WHEREAS, as a part of the Agreement, the City agreed to permit the
construction of the Center in the Park at the location designated on Exhibit "A" attached
to the Agreement ("Site") provided that PCL comply with the terms and conditions of the
Agreement including specifically that upon completion of the Center, PCL would turn
over full ownership of the Center to the City and provide proof of payment of all costs
relating to construction of the Center and also provide lien waivers from all contractors
and suppliers that performed services or provided materials for the Center.
WHEREAS, PCL has now completed the Center and provided evidence to the
City of proof of payment of all costs for the Center and all applicable mechanics lien
waivers and whereas PCL desires to turn over to the City the Center and the City agrees
to accept the Center.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
and conditions contained herein, it is hereby agreed between the parties as follows:
1. Transfer of Ownershiv of the Center. PCL hereby sells, assigns and
transfers all of its rights and title and interest in and to the Center to the City.
2. Lien Waivers. The City acknowledges that it has been provided proof of
payment of all contractors and all costs associated with the Center and has been provided
with lien waivers from all applicable contractors and suppliers who worked upon the
Center.
3. Operation of the Building. The City agrees that it will be responsible for all
future maintenance, repairs and operation of the Center including all costs of utilities to
the Center.
4. Use and Scheduling of the Center. The City shall, from and after the date
hereof, have sole jurisdiction of the use of the Center for the purposes of scheduling
activities that may take place therein. The City agrees to give priority to PCL in
scheduling annual "Music in Plymouth Events" providing that PCL request the
scheduling in a timely manner. All activities scheduled by PCL will require that PCL
obtain all necessary permissions and permits from the City as are required of the general
public for the use of City parks and the Center.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and
year first above written.
CITY OF PLYMOUTH
By:
Its Mayor
By:
Its City Manager
PLYMOUTH CIVIC LEAGUE
By: <&c.d& Ly
w
Its: j$l/&, 25-
By: A 2d~
CITY OF PLYMOUTH
RESOLUTION 2003-
APPROVING AGREEMENT FOR THE TRANSFER OF
THE HILDE PERFORMANCE CENTER
WHEREAS, the City Attorney's office has drafted an agreement between the Plymouth Civic
League and the City of Plymouth, which allows for the transfer of the Hilde Performance Center,
and
WHEREAS, both parties have reviewed and approved said agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the
Mayor and City Manager are authorized to sign said agreement, and, further, the Council wishes
to thank the Plymouth Civic League, A1 Hilde and his family, for their generous time and
contribution of this beautiful facility.
Adopted by the City Council on