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HomeMy WebLinkAboutCity Council Packet 04-10-2012RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING APRIL 10, 2012 Immediately following Board of Equalization Meeting) 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 1 S 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 Presentation by Hennepin County Commissioner Jeff Johnson 4.02 Announce Primavera on April 12-16 at the Plymouth Creek Center (Parks and Recreation Director Diane Evans) 4.03 Announce Yard and Garden Expo on April 13-14 at the Plymouth Creek Center Fieldhouse (Parks and Recreation Director Diane Evans) 4.04 Announce Pool Safety Program (Public Safety Education Specialist Sara Cwayna) 5. APPROVE AGE N DA—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. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2012-107) Regular Council Meeting 1 of 3 April 10, 2012 6.03 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.01) 6.04 Approve Final Plat for "Hampton Hills South Plateau" located at 5313 Juneau Lane. Tradition Development. (2011097 — Res2012-108, Res2012-109) 6.05 Approve Site Plan Amendment and Variances for a detached garage in a front yard at One Carlson Parkway. Carlson Real Estate. (2012009 — Res2012-110) 6.06 Approve Variance for a detached garage in a front yard at 17330 11th Avenue. Damien and Julie Mickschl. (2012017 — Res2012-111) 6.07 Approve Agreement Regarding Transfer of Certain Improvements between Silverthorne Homeowner's Association and the City (Res2012-112) 6.08 Award Contract for 2012 Crack Repair Program (12011 — Res2012-113) 6.09 Approve Agreement for participation in the Minnesota Driving Diversion Program (Res2012-114) 6.10 Approve a one-year extension of the development approvals for RBC Tile and Stone located at 1820 Berkshire Lane North. RBC Tile and Stone. 2008012 — Res2012-115) 6.11 Authorize expenditure from the DWI Resource Planning Fund for Police Department equipment (Res2012-116) 6.12 Approve Temporary Liquor License for the Whole Learning School for an event on April 28 (Res2012-117) 6.13 Approve renewal of Consumption and Display Licenses (Res2012-118, Res2012-119) 7. PUBLIC HEARINGS 7.01 Project and Assessment Hearing, Award Contract, and Authorize "No Parking" for 2012 Street Reconstruction, Circle Park (12001 — Res2012-120, Res2012- 121, Res2012-122, Res2012-123) (Approved) Regular Council Meeting 2 of 3 April 10, 2012 8. GENERAL BUSINESS 8.01 Consider Ordinance amending the City Code regarding hotel registrations previously item No. 6.03) (Tabled to May 8) 9. REPORTS AND STAFF RECOMMENDATIONS 9.01 Legislative Update 10. ADJOURNMENT (7:56 p.m.) Regular Council Meeting 3 of 3 April 10, 2012 6.01 Proposed Minutes Special Council Meeting March 13, 2012 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on March 13, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Stein, Black, Bildsoe, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Park and Recreation Director Evans, Human Resources Manager Kone, Fire Chief Kline, Deputy Fire Chief Springer, Office Support Representative Sanderson, and City Clerk Engdahl. Fire Study Fire Chief Kline gave a high level overview of the draft Fire Study and questions that the report raised regarding a number of issues such as hiring/recruitment, the current type of workforce, services that the department provides, response times and numbers, and financial impacts regarding various options. He stated it has been 10 years since this type of report has been prepared, and this report covers the next 10 years. He stated the fire department is a paid on-call organization (hybrid type of volunteer department). Members receive an hourly wage and pension after 10 years. He stated one of the challenges the department is facing is the ability to recruit new members. He mentioned a fourth fire station, but that needs further discussion as well as the ability to staff another station. Currently, they have a good balance of firefighters to cover the shifts. The vast majority of the firefighters come back for other calls in addition to the duty crew program. They have revamped their recruitment process which is done once a year. However, there has been a change in the work force industry. Most people want to do something attractive and know that what they contribute to the community is valued highly, and they use their time wisely. The ability to schedule their time is what attracts people to serve as firefighters. The Council had a number of questions regarding the report and staff is to provide a follow-up report to the Council. These questions included: How does the fire department respond/schedule for non -duty crew calls? What is the City trying to solve? Is the department's authorized strength truly an accurate number? Should it be reviewed? Proposed Minutes 1 of 2 Special Meeting of March 13, 2012 Page 1 Are current firefighter retention levels acceptable? What's the option for only building a fourth fire station? What percentage of non duty crew calls were emergencies? Are we able to staff a fourth fire station and/or a 24/7 duty crew? What percentage of fire calls are fire alarms? What is the training time commitment and number of required training sessions for firefighters? Can we increase or change codes and inspection processes? How do we decrease non -emergency calls? What is the Council trying to resolve or are the issues identified in the report for the Council's review while taking into consideration four alternatives? Are response times acceptable? If not, how can that be improved? Why are so many firefighters giving time to other departments when the City struggles with their time commitment to our department? Should the City change how fire fighters are being paid (pay and benefits versus a pension if people aren't staying with the department 10 years or more)? In addition to the above questions, further information was desired comparing the City's firefighter retention numbers with other fire departments, increasing the involvement of the fire department in planning future developments in the City, comparing the City's hiring process for firefighters with other cities, discussing considerations to better retain firefighters based on pay and benefits, discussing benefit of scheduled staffing versus levels of experience, and clarifying auto -aid and mutual with other cities (i.e. City of Maple Grove responding to calls in Northwest Plymouth). The Council stated after receiving a report with answers to the questions and statements posed above, it's likely another study session(s) will be schedule in the future. Future Study Sessions No future study sessions were scheduled. Adjournment Mayor Slavik adjourned the meeting at 6:58 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of March 13, 2012 Page 2 Proposed Minutes Regular Council Meeting March 27, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on March 27, 2012. COUNCIL PRESENT: Mayor Slavik, Council Members Stein, Bildsoe, Black, Johnson, and Wos j e. ABSENT: Council Member Willis. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Deputy Director of Parks and Recreation Northway, Public Works Director Cote, Community Development Director Juetten, Police Captain Swiatkiewicz, Fire Chief Kline, and City Clerk Engdahl. Plymouth Forum No one was present to speak at the Plymouth Forum. Presentations and Public Information Announcements 4.01) Announcement of Primavera on April 12-16 at the Plymouth Creek Center Deputy Director of Parks and Recreation Northway announced this year's Primavera on April 12- 16 at the Plymouth Creek Center. 4.02) Announcement of Yard and Garden Expo on April 13-14 at the Plymouth Creek Center Fieldhouse Deputy Director of Parks and Recreation Northway announced this year's Primavera on April 13- 14 at the Plymouth Creek Center Fieldhouse. She announced the winners of the Plymouth's Got Talent event that was held on March 16 at the Plymouth Creek Center. Approval of Agenda The Council added a discussion on the Housing and Redevelopment Authority's redevelopment inquiry as item No. 8.01 under General Business. Proposed Minutes 1 of 5 Regular Meeting of March 27, 2012 Page 3 Motion was made by Council Member Johnson, and seconded by Council Member Black, to qpprove the amended a egnda. With all members voting in favor the motion carried. Consent Agenda Motion was made by Council Member Black, and seconded by Council Member Bildsoe, to adopt the Consent Agenda that included the following_ ice: 6.01) Regular Council Meeting minutes of March 13. 6.02) Resolution Approving Disbursements ending March 17, 2012 (Res2012-096) 6.03) Resolution Approving Renewal of Refuse Hauler Licenses (Res2012-097). 6.04) Approve Human Rights Committee's 2012 Work Plan and Goals. 6.05) Ordinance Amending Chapter 810 of the City Code Concerning Assessable Current Services (Ord2012-10). 6.06) Ordinance Amending Chapter 10 of the City Code Concerning Background Checks Ord2012-11). 6.07) Resolution Approving Three Rivers Park District Purchase of Outlot A Property located in the Carlson Companies Addition for the Luce Line Regional Trail Bridge (Res2012-098). 6.08) Resolution Awarding Bid for 2012 Street Sweeping Program (12012 — Res2012-099). 6.09) Resolution Approving the Encroachment Agreement for a Boulder Retaining Wall, Patio, and Landscaping at 11931 54th Avenue North (Res2012-100). 6.10) Resolution Amending Electronic Communication Device Policy to Provide Allowance for I -Pads for Council Packets (Res2012-101). 6.11) Ordinance Amending Zoning Text regarding Requirements for Scoreboards (2012013 — Ord2012-12) and a Resolution Approving Findings of Fact (Res2012-102). 6.12) Resolution Approving a Conditional Use Permit for Wayzata School District 284 for a Scoreboard to be Installed at the Athletic Stadium at the Wayzata High School, 4955 Peony Lane 2012011 — Res2012-103). 6.13) Ordinance Amending Chapter 20 of the City Code Concerning Noise (Ord2012-13) Proposed Minutes 2 of 5 Regular Meeting of March 27, 2012 Page 4 6.14) Resolution Awarding the Contract for the 2012-2013 Property and Casualty Insurance to the League of Minnesota Cities Insurance Trust (Res2012-104). With all members voting in favor, the motion carried. Public Hearings 7.01) Application of Holiday Station stores, Inc., d/b/a Holiday Station store #303, for 3.2 Off -Sale Liquor License at 9700 Betty Crocker Drive City Clerk Engdahl reported on the application of Holiday Station stores, Inc., d/b/a Holiday Station store #303, for 3.2 Off -Sale Liquor License at 9700 Betty Crocker Drive. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Council Member Johnson, and seconded by Council Member Bildsoe, to adopt a Resolution Approving Off -Sale 3.2 Liquor License for Holiday Station stores, Inc., d/b/a Holiday Station store #303, 9700 Betty Crocker Drive (Res2012-105). With all members voting in favor, the motion carried. 7.02) Application of Uchu L.L.C., d/b/a Uchu Peruvian Cuisine, for a Wine License at 4130 Berkshire Lane North, Unit B City Clerk Engdahl reported on the application of Uchu L.L.C., d/b/a Uchu Peruvian Cuisine, for a Wine License at 4130 Berkshire Lane North, Unit B. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Council Member Bildsoe, and seconded by Council Member Johnson, to adopt a Resolution Approving the On -Sale Wine License for Uchu, LLC, d/b/a Uchu Peruvian Cuisine, 4130 Berkshire Lane North, Suite B (Res2012-106). With all members voting in favor, the motion carried. General Business 8.01) Housing and Redevelopment Authority's Redevelopment Inquiry Council Member Bildsoe stated he read the minutes from a recent Housing and Redevelopment Authority (HRA) meeting, and he requested clarification on the discussion that was held at that Proposed Minutes 3 of 5 Regular Meeting of March 27, 2012 Page 5 meeting relative to redevelopment of property located southeast side of Medicine Lake. He asked if the HRA has had discussions with the property owner. Community Development Director Juetten replied there has been no discussion with the property owner. He stated the HRA contacted Ehlers, City's bond consultant, to inquire what type of tax increment could be generated off the property with redevelopment of the site. Ehler's response was that there could be a substantial amount of tax increment that could be generated from the site depending on the type of development. The HRA discussed the possibility of having conversations with developers to determine if there would be any interest. Council Member Bildsoe questioned spending funds on these efforts when the property owner hasn't been contacted. Council Member Stein, a member of the HRA, stated this property is contained in the City's Comprehensive Plan for future redevelopment. The HRA wanted to see what the possibility would be to redevelop this property. A conversation was held with one developer and Ehlers was contacted to provide a conceptual TIF opinion at a cost of approximately $2,000. He stated there is no intent to force the property owner to sell the property. The HRA was just gathering information. Council Member Johnson echoed Council Member Bildsoe's concerns. At some point there would need to be reguiding and rezoning of the property. She also doesn't want mixed signals or concerns with the property owner. She prefers to involve property owners so they realize that it's information gathering only. She asked what the next steps are for the HRA and if the report from Ehlers is time sensitive. Council Member Stein replied the information was based on 16-20 units per acre density for housing and how much tax increment could be generated. He noted that there wasn't a full HRA in attendance at the recent meeting in which this was discussed, and any action was continued until the next HRA meeting. He also stated that if there aren't any developers interested, there's no use in going forward. Council Member Johnson cautioned having any meetings with developers so they also don't get the wrong impression. The Council requested that the HRA send a letter to the property owner, and a copy of that letter be provided to the Council. Reports and Staff Recommendations 9.01) Legislative Update Mayor Slavik reported that she and Public Works Director Cote recently met with MN/DOT regarding a third lane on I-494. MN/DOT suggested that a managed lane (MN Pass) study be taken from 394 to Rogers. This study would determine if a managed lane would be feasible. Even though the Council doesn't support a managed lane, MN/DOT stressed that until this type of study is completed, no further study would be done on 1-494. She provided a copy of a draft Proposed Minutes 4 of 5 Regular Meeting of March 27, 2012 Page 6 letter that she would like to send to MN/DOT regarding the Council's position on I-494 and supporting the study. Public Works Director Cote added his impression was that this study had to be done for consideration of any funding for anything other than a managed lane. The majority of the Council was in support of sending the letter and setting up a meeting with Director of Transportation after the Legislature has adjourned and with the Metropolitan Council. Council Member Black stated at that meeting she would also like to discuss improving Highway 169. Adjournment Mayor Slavik adjourned the meeting at 7:53 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 5 of 5 Regular Meeting of March 27, 2012 Page 7 rp)City of Agenda 6 . 0 2PlymouthNumber: Adding Quality to life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Deb Luesse, Accounting Clerk April 10, 2012 Reviewed by: Jodi Bursheim, Finance Manager Item: Approve Disbursements Ending March 31, 2012 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending March 31, 2012. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending March 31, 2012. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 3.31.12/Council meeting 4.10.12 FUND 100 General Fund 201,626.70 200 Recreation Fund 66,853.65 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 533,718.49 234 Economic Development Fund 0.00 250 Comm Dev Block Grant Fund 3,778.20 254 HRA Section 8 Fund 0.00 254 HAP Check Summary 1,182.00 258 HRA General Fund 93.00 300 1998C GO Activity Center 0.00 301 2003D Open Space Refunding 0.00 305 2004A GO Public Safety 0.00 307 1998A -TIF #7-5A Rottland 0.00 309 2007A Open Space Series 0.00 310 2009A TIF #7-5A Refund 1998A 0.00 311 2009B AC and FH Refunding 0.00 312 2010A GO Open Space 0.00 400 General Capital Projects Fund 195.00 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 0.00 406 Infrasturcture Replacement Fund 0.00 407 Project Administration Fund 0.00 408 Park Construction 31.20 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 0.00 413 Improvement Project Construction 3,480.99 414 Shenandoah Administration 0.00 0.00 851 HRA Senior Apt. Constr Fund 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 6,738.84 421 Enterprise -Other Construction 136,938.22 998 TIF # 7-2 O.S. (Const) 0.00 998 TIF # 7-3 P.O.S. (Const) 0.00 422 TIF #74 P.T.P (Const) 0.00 423 TIF # 7-5 Rottlund (Const) 0.00 424 TIF #7-6 Continental (Const) 0.00 425 TIF Housing Assistance Program 0.00 426 TIF #7-7 Stonecreek ('Const) 0.00 427 TIF #7-8 Shops @ Plymouth Creek 0.00 428 TIF HRA Senior Apt. Constr. Fund 0.00 429 TIF HRA 1-3 Crossroads Station 0.00 430 CON -Open Spaces Series 2007A 0.00 431 CON -2010A Open Spaces 0.00 500 Water Fund 63,459.31 510 Water Resources Fund 3,506.50 520 Sewer Fund 446,750.30 530 Solid Waste Management Fund 102,662.40 540 Ice Center Fund 10,428.18 550 Field House Fund 2,922.99 600 Central Equipment Fund 80,486.05 610 Public Facilities Fund 32,711.55 620 Information Technology Fund 94,565.00 630 Risk Management Fund 6,304.50 640 Employee Benefits Fund 7,393.85 650 Design Engineering 0.00 660 Resource Planning 5,832.18 800 Investment Trust Fund 0.00 850 Plymouth Town Square 0.00 851 Vicksburg Crossing 0.00 Total Invoice Expense Distribution: 1,811,659.10 Page 2 PB2) City of Plymouth Check Payment Register 03/18/2012 to 03/31/2012 Check 123471 Date Paid:03/19/2012 BCA Inv. 120313 03/16/2012 8 FF BCA&FBI criminal History bckgrnd Check 123472 Date Paid:03/22/2012 A&M Business Interior Services Inv. 263955720 02/22/2012 Finance reconfigure Check 123473 Date Paid:03/22/2012 ABM Equipment & Supply LLC Inv.0131818IN 03/08/2012 Bulb Check 123474 Date Paid:03/22/2012 Action Fleet Inc Inv. 8762 03/06/2012 Part - siren park deactivat Check 123476 Date Paid:03/22/2012 Aercor Wireless Inc Inv. 11507 02/29/2012 Netmotion license and maint Check 123477 Date Paid:03/22/2012 AFPI Inv. 120156CoP 02/20/2012 9,000 Metro Transit Bus Schedules Check 123478 Date Paid:03/22/2012 AI's Coffee Company Inv. 95354 02/28/2012 IC Concession coffee resupply Check 123479 Date Paid:03/22/2012 Inv. 3973 02/28/2012 Check 123480 Date Paid:03/22/2012 Inv.28082 03/02/2012 Check 123481 Date Paid:03/22/2012 Inv. 41462 02/27/2012 Check 123482 Date Paid:03/22/2012 Inv.20120229 02/29/2012 Check 123483 Date Paid:03/22/2012 Inv. 78351 02/29/2012 All About Learning Inc 7 Jr engineering 2/Lego classes All Star Sports Inc 36 Mouthguards,48pr laces/resale IC Allied Graphics 150 3x4 license decals Allied Waste Services Feb. Service Allina Occ Med Feb'12 Employee physcials/drug testing Check 123484 Date Paid:03/22/2012 Anchor Paper Company Inv.3020876700 03/07/2012 paper Inv. 3020907100 02/28/2012 Brown Kraft Coin Envelopes Inv.3020923100 03/07/2012 envelopes Check 123485 Date Paid:03/22/2012 Inv. 19878 03/01/2012 Check 123486 Date Paid:03/22/2012 Inv. 17843 02/29/2012 Inv. 17844 02/29/2012 Inv. 17845 02/29/2012 Check 123487 Date Paid:03/22/2012 Inv.11943 02/22/2012 Check 123488 Date Paid:03/22/2012 Inv. Winter1243 03/04/2012 Check 123489 Date Paid:03/22/2012 Page 1 of 15 Andy's Lawncare Mar'12 Snowplowing Arteka Companies LLC Feb'12 Forestview Snowplowing Feb'12 Orchard Snowplowing Feb'12 Dallas Ln Snowplowing Artic Ice Systems CC lunchroom icemaker Back 2 Basics Learning LLC Mommy/Daddy & Me class Barton Sand & Gravel Co Amount: $314.00 314.00 Amount: $2,414.38 2,414.38 Amount: $106.66 106.66 Amount: $41.07 41.07 Amount: $5,261.76 5,261.76 Amount: $201.32 201.32 Amount: $431.25 431.25 Amount: $413.00 413.00 Amount: $156.00 156.00 Amount: $608.64 608.64 Amount: $630.04 630.04 Amount: $485.00 485.00 Amount: $64.41 11.18 35.08 18.15 Amount: $395.15 395.15 Amount: $1,065.00 350.00 450.00 265.00 Amount: $289.99 289.99 Amount: $360.00 360.00 Amount: $4,208.70 Page 3 4/4/2012 Inv. 120315 03/15/2012 3.8/3.15.12 236.24ton CL 5 Recycle/W3/4 Check 123490 Date Paid:03/22/2012 Bertelson Total Office Solutions Inv. OE2809661 02/29/2012 Hi-Fi Headphones Inv. WO7579781 02/29/2012 Tac adhesive putty Inv. WO7579991 02/29/2012 USB Flash Drive - 8GB Inv. WO7585071 03/02/2012 magna ruler Check 123491 Date Paid:03/22/2012 Central Power Distributors Inc Inv. 902028 03/01/2012 crankshaft/piston ring/gaskets Check 123492 Date Paid:03/22/2012 CenturyLink Inv. E2325760312 03/01/2012 Mar'12 E23.2576 Inv. E4404790312 03/01/2012 Mar'12 E44.0479 Inv. E4404930312 03/01/2012 Mar'12 E44.0493 Check 123493 Date Paid:03/22/2012 CIGNA Behavioral Health Inv. 52675 03/15/2012 Apr-Jun'12 EAP Check 123494 Date Paid:03122/2012 Comcast Inv. 02181030312 03/07/2012 3.16/4.15.12 CUPS digital box Inv. 06832230312 03/08/2012 3.18/4.17.12 CMCL wireless Inv. 07578370312 03/07/2012 3.17/4.16.12 CUPS ditital box Inv. 07578450312 03/07/2012 3.17/4.16.12 PCC digital box 4,208.70 Amount: $51.56 16.02 8.93 18.28 8.33 Amount: $126.35 126.35 Amount: $1,108.59 107.95 539.71 460.93 Amount: $1,523.88 1,523.88 Amount: $318.65 29.42 214.57 52.04 22.62 Check 123495 Date Paid: 03/2212012 Commers Conditioned Water Company Amount: 750.00 Inv. 30570 02/23/2012 18040 33rd Ave N/Rehab Loan pymnt 750.00 Check 123496 Date Paid:03/22/2012 Dalco Amount: 2,423.89 Inv. 2433229 03/02/2012 CC 25cs towels, 15cs TP, 3cs aerorose 2,423.89 Check 123497 Date Paid:03/22/2012 Data Recognition Corporation Amount: 4,238.66 Inv. 00076031 02/27/2012 30 Budget books/15 CAP Improv books 4,238.66 Check 123498 Date Paid:03/22/2012 Dexon Computer Inc Amount: 534.38 Inv. 64473 02/29/2012 QLogic Dual Port 4-Gbps Fiber channel 534.38 Check 123499 Date Paid: 03/2212012 DH Athletics LLC Amount: 363.38 Inv. 12006 02/20/2012 Goals and goal accessories 363.38 Check 123500 Date Paid: 03/22/2012 Discount Steel Inc Amount: 120.56 Inv. 01761392 03/09/2012 Supplies - 120.56 Check 123501 Date Paid:03/22/2012 DLT Solutions Inc Amount: 2,745.62 Inv. S181579 02/29/2012 4.15.12/4.14.13 AutoCAD 2012 subsc/Civil 3D 2,745.62 Check 123502 Date Paid:03/22/2012 DSS Commercial Inc Amount: 5,672.93 Inv. 15691 03/05/2012 1.28/3.1.12 Hwy 55&73 Plow services 1,636.25 Inv. 15692 03/05/2012 2.14/3.1.12 Messiah Methodist 113.35 Inv. 15693A 03/05/2012 1.28/3.1.12 Nathan Ln Plow services 1,090.13 Inv. 15694A 03/05/2012 1.18/2.21.12 Var Transit locations 2,833.20 Check 123503 Date Paid:03/22/2012 DTS/Document Tech Solutions Inv. INV57960 02/27/2012 Waste toner bottle Inv.INV58080 03/01/2012 staples Inv.INV58081 03/01/2012 staples Check 123504 Date Paid:03/22/2012 Inv.120207 02/07/2012 Check 123505 Date Paid:03/22/2012 Inv.120306 03/06/2012 Page 1 of 15 Diane Dusek Reimburse for bridge cards/Senior program E H Renner & Sons Proj10024 #4 Well 17 Amount: $263.31 45.73 108.79 108.79 Amount: $119.75 119.75 Amount: $70,233.50 70,233.50 Page 4 4/4/2012 Check 123506 Date Paid:03/22/2012 Inv.344355 03/09/2012 Check 123507 Date Paid:03/22/2012 Inv.120309 03/09/2012 Check 123508 Date Paid:03/22/2012 Inv.1444415 02/27/2012 Check 123509 Date Paid:03122/2012 Inv.467983 03/01/2012 Check 123510 Date Paid:03/22/2012 Inv.2368389 02/13/2012 Ehlers & Associates Inc 2.29.12 Quest Housing Project Electronic Comm Systems LLC 1 Camera system Emergency Medical Products Inc Infant Anne,Jr,Airways Esch Construction Supply Inc 2 Plate compactors Ferguson Enterprises Inc PS new drinking fountain Check 123511 Date Paid:03122/2012 Festivities Inv. 8848 03/20/2012 3.17.12 Linens for Bridal show Check 123512 Date Paid:03122/2012 Fidelity Building Services Inc Inv. 0062412IN 03/01/2012 Mar'12 Janitorial Inv. 0062413IN 03/01/2012 Mar'12 PD Sunday Janitorial Inv. 00625371N 03/01/2012 Feb'12 3cs trash liners Check 123513 Date Paid:03/22/2012 Inv.1398000056 03/05/2012 Check 123514 Date Paid:03/22/2012 Inv.10641674 02/29/2012 Inv.10642983 02/29/2012 Inv.558540312PRE 03/01/2012 Check 123515 Date Paid:03/22/2012 Inv.1006622627 03/02/2012 Check 123516 Date Paid:03/22/2012 Inv.88265 03/12/2012 First Student Inc 2.4.12 Fire & Ice Shuttles First Transit Inc Feb'12 DAR/Metrolink Transit Feb'12 Fuel Surcharge Mar'12 Estimated DAR/Metrolink Transit G&K Services Inc Uniforms Girard's Business Solutions Card cleaning/waffle Check 123517 Date Paid:03/22/2012 Gopher State One -Call, Inc. Inv. 34054 03/01/2012 Feb'12 SW/UT 304 Locates Check 123518 Date Paid:03/22/2012 Inv.9729272964 01/13/2012 Inv. 9756931441 02/16/2012 Inv.9763232239 02/24/2012 Inv.9764735628 02/27/2012 Inv.9764735636 02/27/2012 Inv.9765197018 02/28/2012 Inv. 9765949111 02/28/2012 Inv.9766124045 02/28/2012 Inv.9766124060 02/28/2012 Inv.9767723092 03/01/2012 Inv.9768405343 03/01/2012 Inv.9769165417 03/02/2012 Check 123519 Date Paid:03/22/2012 Inv. 120316 03/16/2012 Check 123520 Date Paid:03/22/2012 Inv. 4374 03/01/2012 Grainger extention pole/lamp changer/lamp IC 8 bearing grease toggle/lamp/coffee filters/lamp supplies -cable protector supplies -cable protector rtn #9763232213 supplies supplies supplies -Battery supplies- coverall cleanroom wiping rags/foam tape/rubbing alcohol spring snap/thermostat guard/weatherproof cover truck straps/tape Green Mill 3.16.12 Bal owed Fire recognition event GroundsCare Inc. Mar'12 Snowplowing Amount: $195.00 195.00 Amount: $74,663.00 74,663.00 Amount: $392.59 392.59 Amount: $4,093.31 4,093.31 Amount: $615.62 615.62 Amount: $840.40 840.40 Amount: $8,940.79 8,560.69 267.19 112.91 Amount: $407.50 407.50 Amount: $507,181.19 239,108.67 11,026.45 257,046.07 Amount: $325.28 325.28 Amount: $31.64 31.64 Amount: $423.40 423.40 Amount: $1,455.17 75.47 54.21 211.18 15.41 94.70) 9.41 316.89 26.12 274.62 212.30 81.34 272.92 Amount: $812.19 812.19 Amount: $1,500.00 1,500.00 Page 5 Page 1 of 15 4/4/2012 Check 123521 Date Paid:03/22/2012 Hennepin Co Dept Housing, Amount: $3,000.00 Inv. 120309 03/20/2012 2011 CDBG contract -Fair Housing Initiative $3,000.00 Check 123522 Date Paid:03/22/2012 Hennepin Co Info Tech Dept Inv. 120238039 02/29/2012 Feb'12 Fire Radio lease Inv. 120238040 02/29/2012 Feb'12 PD MDC's/Radio lease Inv. 120238096 02/29/2012 Feb'12 PW Radio Lease Check 123523 Date Paid:03/22/2012 Hennepin County Fire Chief ASC Inv. 12012 03/07/2012 Blue Card Command Training Check 123524 Date Paid:03/22/2012 Hennepin County Treasurer Inv. 921101202 03/01/2012 Feb'12 Record EASE Check 123525 Date Paid:03/22/2012 Inv.1000014702 02/29/2012 Check 123526 Date Paid:03/22/2012 Inv.1000014608 02/29/2012 Check 123527 Date Paid:03/22/2012 Inv.1000014663 02/29/2012 Check 123528 Date Paid:03/22/2012 Inv.600134029 02/27/2012 Check 123529 Date Paid:03/22/2012 Inv.20783 03/01/2012 Check 123530 Date Paid:03/22/2012 Inv.24695 02/01/2012 Check 123531 Date Paid:03/22/2012 Inv.256952 02/29/2012 Inv. 258721 02/29/2012 Check 123532 Date Paid:03/22/2012 Inv. 4081 03/06/2012 Check 123533 Date Paid:03/22/2012 Inv. 330 03/13/2012 Check 123534 Date Paid:03/22/2012 Inv. 8074 03/13/2012 Check 123535 Date Paid:03/22/2012 Inv.201201079 03/20/2012 Check 123536 Date Paid:03/22/2012 Inv. 17331 02/29/2012 Hennepin County Treasurer Feb'12 3.13ton Waste Hauling Hennepin County Treasurer Feb'12 Technical Support Hennepin County Treasurer Feb'12 Booking Fee prisoners Hillyard Inc - Minneapolis garbage liners Image Trend Inc Mar'12 HireTouch Independent School District 284 Feb'12 Bldg use/pool rental ISS Facility Services-Mpls PCC everglaze floors PCC everglaze floors K&S Engraving Rasmus/Ferro name tags KFD Training & Consultation LLC 3.28.12 "Use of Force -An Executive Perspective" Kidd Plumbing Inc IC TRU 3 rpl draft inducer motor Amount: $7,050.79 2,369.80 4,360.99 320.00 Amount: $1,300.00 1,300.00 Amount: $147.50 147.50 Amount: $193.45 193.45 Amount: $160.31 160.31 Amount: $2,846.57 2,846.57 Amount: $320.03 320.03 Amount: $195.00 195.00 Amount: $468.00 468.00 Amount: $3,419.46 1,510.14 1,909.32 Amount: $10.90 10.90 Amount: $165.00 165.00 Amount: $415.00 415.00 Neil Knudson Amount: $45.00 3855 Glacier Ln Elec permit 201201079 refund $45.00 Leffler Printing Company Inc Mar-Apr'12 Plymouth News/Financial Extra Check 123537 Date Paid:03/22/2012 Loffler Companies Inc Inv. 1348632A 03/01/2012 Credit Memo -Toner Inv#1348632 Inv.1368332 02/27/2012 Toner Inv.1369589 03/01/2012 Toner Check 123538 Date Paid:03/22/2012 Inv.34837 02/29/2012 Check 123539 Date Paid:03/22/2012 Inv.23634 02/29/2012 Check 123540 Date Paid:03/22/2012 Page 1 of 15 Logis Feb'12 GIS/Internet LSC Resource Inc Rental Folders Lyndale Plant Services Amount: $6,870.00 6,870.00 Amount: $299.78 210.26) 158.18 351.86 Amount: $4,504.00 4,504.00 Amount: $1,911.67 1,911.67 Amount: $165.11 Page 6 4/4/2012 Inv. 25249 03/01/2012 Mar'12 Plant Lease/Care Check 123541 Date Paid:03/22/2012 Maple Crest Landscape Inv. 31056 03/01/2012 2.29.12 Snowplowing Check 123542 Date Paid: 03/22/2012 Marcello's Pizza & Pasta Inv. 120104 03/20/2012 Ref Liq Lic Rcpt 20120063 Check 123543 Date Paid: 03/22/2012 Matt's Lawn and Landscape Inc Inv. 10074 03/03/2012 Feb. 2012 Snow Plowing Check 123544 Date Paid: 03/22/2012 Medics Training Inc Inv. 9164 02/23/2012 2.23/2.24.12 (2nd session) EMT Refresher Check 123545 Date Paid:03/22/2012 Menard Inc Inv.27244 02/27/2012 Nail/cedar/gloves/deckscrew/caulk Inv. 28565 03/02/2012 Vulkem Buff/Poly Satin/Cedar Check 123546 Date Paid:03/22/2012 Inv.0000983712 03/02/2012 Check 123547 Date Paid:03/22/2012 Inv.120229 02/29/2012 Check 123548 Date Paid:03/22/2012 Inv. 36142 02/29/2012 Check 123549 Date Paid:03/22/2012 Inv. 120315 03/15/2012 Check 123550 Date Paid:03/22/2012 Inv. 3067 03/05/2012 Metropolitan Council Apr'12 Wastewater service Metropolitan Council Feb'12 Sewer Availability charge Minnesota Conway Fire & Safety Inc recharge Fire Ext. Minnesota Dirt Works Inc Proj9126 #1 Ranchview Medina Drainage MN Helicopters Inc 2.22.12 Deer Count services Check 123551 Date Paid:03/22/2012 MTI Distributing Inc Inv. 82378400 02/14/2012 Toro GM360 rplct mower Inv. 82378401 02/14/2012 Rplcmnt mower Toro Gm 360 Inv. 82801800 03/01/2012 recycler kit Check 123552 Date Paid:03/22/2012 National Recreation & Park Assoc Inv. 120320 03/20/2012 2012 Agency Membership Check 123553 Date Paid:03122/2012 Northern Sanitary Supply Co Inc Inv. 153771 03/07/2012 cleaner/toliet screens Inv. 153834 03/09/2012 rubber bands/disinfectant/cleaner Check 123554 Date Paid:03122/2012 Inv. 600238902001 03/01/2012 Inv. 600303688001 03/01/2012 Inv. 60031475001 03/01/2012 Inv. 600314801001 03/01/2012 Inv. 600375096001 03/02/2012 Inv. 600386847001 03/02/2012 Inv. 601280614001 02/29/2012 Inv. 601635234001 02/29/2012 Check 123555 Date Paid:03/22/2012 Inv. DV12020451 03/05/2012 Check 123556 Date Paid:03/22/2012 Inv. 504069001 03/01/2012 Office Depot index Markers/Paper/File Office supplies - various clip binders - large paper toll Office Supplies - various staple remover - rtn'd #601635234001 staple remover - rtn'd #601280614001 Office of Enterprise Technolog Feb'12 Wide Area Network Oil -Air Products LLC 12G-12MFFOR (4) Check 123557 Date Paid:03/22/2012 Owens Companies Inc Page 1 of 15 165.11 Amount: 194.00 194.00 Amount: 2,291.66 2,291.66 Amount: 4,050.00 4,050.00 Amount: 2,337.50 2,337.50 Amount: 639.97 338.22 301.75 Amount: 413,963.81 413,963.81 Amount: 30,437.55 30,437.55 Amount: 143.36 143.36 Amount: 66,704.72 66,704.72 Amount: 1,298.00 1,298.00 Amount: $46,316.58 35,207.99 10,892.70 215.89 Amount: $600.00 600.00 Amount: $228.39 118.52 109.87 Amount: $645.95 3.91 53.04 237.21 0.69 5.22 345.88 12.46) 12.46 Amount: $90.00 90.00 Amount: $77.88 77.88 Amount: $4,628 77 Page 7 4/4/2012 Inv. 72247 02/23/2012 Computer rm hunidifier alarm Inv. 72274 02/24/2012 PW woodshop unit heaters down Inv. 72359 02/24/2012 HS Bldg no heat Inv. C522 03/06/2012 Apr-Jun'12 Dome Prev Maint Check 123558 Date Paid:03/22/2012 Jill Marie Pavlish Inv. 120203 03/20/2012 Ref massage license Rcpt 2012.551 Check 123559 Date Paid:03/22/2012 Performance Signs & Displays Inc Inv. 8132 03/06/2012 Var office signs Inv. 8144 03/15/2012 Var office signs Check 123560 Date Paid:03/22/2012 Inv.99033 02/29/2012 Check 123561 Date Paid: 03/22/2012 Inv.120703 03/20/2012 Check 123562 Date Paid:03/22/2012 Inv.303725 02/27/2012 Check 123563 Date Paid:03/22/2012 Inv.176888 02/29/2012 Personnel Evaluation Inc Personnel Evaluation Profile - Plymouth Civic League 7.3.12 Music in Plymouth city contribution Precise MRM LLC Pilot fee for GPRS Prescription Landscape Inc 2.21.12 Snowplowing Check 123564 Date Paid:03/22/2012 Pro -Tech Design Inv. 55503 03/01/2012 30 Access Cards Inv. 55516 03/01/2012 Trouble shoot gate card access Check 123565 Date Paid:03/22/2012 Rainbow Treecare Inc Inv. 119333991193678 02/29/2012 Jan-Feb'12 Prunning Inv. 119333991193678A 02/29/2012 Inv. 11933991193678 02/29/2012 1.1/2.29.12 Force Cuts 1,484.32 1,601.88 1,148.82 393.75 Amount: 225.00 225.00 Inv. 1909969 Amount: 356.14 209.06 03/01/2012 147.08 Inv. 1910726 Amount: 20.00 20.00 Amount: 50,000.00 50,000.00 Amount: 32.06 32.06 Amount: $240.00 240.00 Amount: $389.52 178.27 211.25 Amount: $33,211.60 30,779.50 Jan-Feb'12 Tree removals$1,052.10 1,380.00 Check 123566 Date Paid: 03/22/2012 RDN Lawncare Inc Amount: $2,350.00 Inv. 100A 03/07/2012 2011 Inlet Protection Devices for Schmidt Lake $2,350.00 Check 123567 Date Paid:03/22/2012 Room to Breathe Inv. 120301 03/01/2012 1.23/2.13.12 Yoga classes Check 123568 Date Paid:03/22/2012 Schindler Elevator Corp Inv. 8103133376 03/01/2012 Mar-May'12 St 73 Elev Service Inv. 8103134694 03/01/2012 Mar-May'12 PS Elev Service Inv. 8103139114 03/01/2012 Mar-May'12 PCC/FH Elev Service Check 123569 Date Paid:03/22/2012 Inv. 878351 03/10/2012 Check 123570 Date Paid:03/22/2012 Inv. 120315 03/15/2012 Check 123571 Date Paid:03/22/2012 Inv. AAA003402AA02 03/06/2012 Selectaccount Mar'12 Participant fee Sherburne County 12011509 Bail Sporting Goods, Inc. 96dz 12", 24dz 11" League softballs Check 123572 Date Paid:03/22/2012 Stantec Consulting Services Inc Inv. 567632 02/15/2012 12.3/2.3.12 Well 17 Inv. 567634 02/15/2012 12.3/2.3.12 Well 17 Check 123573 Date Paid:03/22/2012 Streicher's Inc Inv. 1909373 02/27/2012 Pants (2) Inv. 1909969 02/29/2012 Commendation Bar Inv. 1910189 03/01/2012 Pants (1 pr) Inv. 1910726 03/02/2012 Fusee 30 minute without spike Page 1 of 15 Amount: $160.00 160.00 Amount: $1,748.46 602.79 529.74 615.93 Amount: $413.58 413.58 Amount: $300.00 300.00 Amount: $4,078.35 4,078.35 Amount: $6,579.14 3,339.14 3,240.00 Amount: $423.53 99.98 17.09 49.99 256.47 page 8 4/4/2012 Check 123574 Date Paid:03/22/2012 Suburban Rate Authority Inv. 120320 03/20/2012 2012 1st 1/2 Membership Check 123575 Date Paid:03/22/2012 Superior Brookdale Ford Inv. 64429 02/29/2012 car lamp Check 123576 Date Paid:03/22/2012 Superior Whitetail Management Inc Inv. 120304 03/04/2012 14 Deer Removal/management Check 123577 Date Paid:03/22/2012 Supreme Building Maintenance Inv. 2152014 03/01/2012 3.3.12 City Sampler clean up Check 123578 Date Paid:03/22/2012 T Mobile Inv. 4659773110312 03/10/2012 Mar'12 UT GPS Check 123579 Date Paid:03/22/2012 Taho Sportswear Inc Inv. 12TF0247 02/28/2012 Basketball Champs T-shirts Inv. 12TF0248 02/28/2012 Volleyball T-shirts Check 123580 Date Paid:03/22/2012 TDS Metrocom Inv. 50950000312 03/13/2012 Mar'12 509.5000 City Land lines Check 123581 Date Paid:03/22/2012 Inv.186262 03/01/2012 Check 123582 Date Paid:03/22/2012 Inv.29788 03/02/2012 Check 123583 Date Paid:03/22/2012 Inv.438302 02/29/2012 Check 123584 Date Paid:03/22/2012 Inv. RMR807422 03/01/2012 Check 123585 Date Paid:03/22/2012 Inv. 101640671001 03/02/2012 Check 123586 Date Paid:03/22/2012 Inv.120504 03/20/2012 Check 123587 Date Paid:03/22/2012 Inv.190070 02/29/2012 Check 123588 Date Paid:03/22/2012 Inv. 120312 03/12/2012 Check 123589 Date Paid:03/22/2012 Inv.107253 03/09/2012 Check 123590 Date Paid:03/22/2012 Inv. F220610028 03/01/2012 Check 123591 Date Paid:03/22/2012 Inv.809900 03/01/2012 ThyssenKrupp Elevator Mar'12 PS Elev Service TNC Industries Inc FS 2&3 PlymoVent repairs Toll Company cylinder/demurrage Trans -Alarm Inc Mar-May'12 Reservoir Fire monitoring United Rentals Northwest Inc 4 Registr "Competent Person" trng Van Meter & Associates Inc Plekk,Lindman,Swanny "5.4.12 Discipline&Termination Rules" Verified Credentials Inc Feb'12 Background Screening Veterinary Center on Main 3.12.12 K-9 Saber Vet visit Viking Trophies black brass plate w/engraving W D Larson Companies LTD Inc Filters The Watson Company IC Concession food resupply Check 123592 Date Paid:03/22/2012 Yocum Oil Company Inc Inv. 479745 03/02/2012 4000gl Diesel fuel Inv. 479747 03/02/2012 3500gl Unleaded fuel Amount: $3,000.00 3,000.00 Amount: $97.99 97.99 Amount: $4,200.00 4,200.00 Amount: $374.06 374.06 Amount: $72.18 72.18 Amount: $480.44 376.16 104.28 Amount: $2,634.85 2,634.85 Amount: $188.98 188.98 Amount: $253.92 253.92 Amount: $28.82 28.82 Amount: $391.32 391.32 Amount: $351.00 351.00 Amount: $365.00 365.00 Amount: $337.00 337.00 Amount: $550.54 550.54 Amount: $36.53 36.53 Amount: $24.89 24.89 Amount: $539.60 539.60 Amount: $23,343.70 12,894.80 10,448.90 Check 123593 Date Paid: 03/22/2012 William Dane Amount: $67.41 Inv. 120309 03/09/2012 3.8/3.9.12 2 lunch/fuel SKIDDS trng Andover 67.41 Check 123594 Date Paid:03/22/2012 Sara Mittelstaedt Amount: $46.53 Inv. 120305 03/05/2012 2.19/3.5.12 Cub,Sam's,Party 46.53 Page 9 Page 1 of 15 4/4/2012 Check 123595 Date Paid:03/22/2012 Inv. 120221 03/21/2012 Check 123596 Date Paid:03/22/2012 Inv. 120321 03/21/2012 City, Rainbow, Byerlys Petty Cash 1.4.12/2.21.12 Parking,supplies Plymouth Firefight. Relief Assc Fire Fighters Relief Assoc Check 123597 Date Paid:03/22/2012 Michael Reed Inv. 120310 03/10/2012 3.6/3.10.12 4 lunches/SKIDDS trng Amount: $118.47 118.47 Amount: $3,000.00 3,000.00 Amount: $36.69 36.69 Check 123598 Date Paid: 03/22/2012 Barbara Thomson Amount: 240.00 Inv. 120517 03/19/2012 5.17.12 Reimb 3 Registr APA -MN Negotiation 240.00 Skills Check 123599 Date Paid:03/22/2012 Marjorie Vigoren Amount: 85.15 Inv. 120314 03/14/2012 Envir Quality Fair product 85.15 Check 123600 Date Paid:03/22/2012 Cope, Kimberly Amount: 5.00 Inv. Import - 1329 03/21/2012 Park and Rec Refund 5.00 Check 123601 Date Paid:03/22/2012 Feride, Erku Amount: 40.00 Inv. Import - 1331 03/21/2012 Park and Rec Refund 40.00 Check 123602 Date Paid:03/22/2012 Koepp, Edwin Amount: 40.00 Inv. Import - 1332 03/21/2012 Park and Rec Refund 40.00 Check 123603 Date Paid:03/22/2012 Lah-ti-dah Designs Amount: 20.00 Inv. Import - 1333 03/21/2012 Park and Rec Refund 20.00 Check 123604 Date Paid:03/22/2012 Olsen, Julie Amount: 100.00 Inv. Import - 1334 03/21/2012 Park and Rec Refund 100.00 Check 123605 Date Paid:03/22/2012 Spannaus, Nancy Amount: 5.00 Inv. Import - 1330 03/21/2012 Park and Rec Refund 5.00 Check 123606 Date Paid:03/29/2012 ABM Equipment & Supply LLC Amount: 36.53 Inv. 0131660INA 02/23/2012 Parts for Camera Van 36.53 Check 123607 Date Paid:03/29/2012 Acclaim Benefits Amount: 238.00 Inv. 0022517IN 03/09/2012 Feb'12 COBRA 238.00 Check 123608 Date Paid:03/29/2012 Ace Lock & Safe Co Inc Amount: 212.33 Inv. A88752 03/09/2012 service call/install sweep mover door 212.33 Check 123609 Date Paid:03/29/2012 Action Fleet Inc Inv. 6956 03/14/2012 Unit 1019 squad set up Inv. 6975 03/07/2012 Light Led Viper/Bracket Check 123610 Date Paid:03/29/2012 Aercor Wireless Inc Inv. 11521 03/06/2012 3.2.12/8.31.12 NetMotion maint/13 Analytics Device license Check 123611 Date Paid:03/29/2012 Afton Alps Inc Inv. AAlV04754 03/06/2012 2.24.12 WCMS ski trip Inv. AAlV04755 03/06/2012 2.24.12 WEMS Ski trip Inv. AAlV04756 03/06/2012 2.24.12 WWMS ski trip Amount: $4,477.65 4,179.86 297.79 Amount: $286.89 286.89 Amount: $3,306.00 918.00 1,394.00 994.00 Check 123612 Date Paid: 03/29/2012 Allied Waste Services Amount: $102,506.40 Inv. 0894002772387 01/31/2012 Jan'12 Curbside/Dropoff Recycling $60,553.68 Inv. 0894002799291 02/29/2012 Feb'12 Curbside/Dropoff Recycling Less Jan $41,952.72 Rev Check 123613 Date Paid:03/29/2012 American Fastener Amount: $177.08 Inv. 00171438 03/02/2012 Supplies - Nuts/Bolts/Pin Rings/clevis pins $177.08 Page 10 Page 1 of 15 4/4/2012 Check 123614 Date Paid:03/29/2012 Batteries Plus Inv. 021241158 02/13/2012 supplies - batteries Check 123615 Date Paid:03/29/2012 Boyer Trucks Inv. 109822R 03/22/2012 Pump/core charge Inv. CM109822R 03/23/2012 Cr inv 109822R core Check 123616 Date Paid:03/29/2012 Brown & Bigelow Inv. 574625 03/15/2012 250 Volunteer nametag holders Check 123617 Date Paid:03/29/2012 Campbell Knutson Prof Assoc Inv. 120229 02/29/2012 Feb'12 Attorney services Check 123618 Date Paid:03/29/2012 CDW Government Inc Inv. G674925 03/05/2012 panasonic battery Inv. G753299 03/06/2012 Liebert Battery Inv. G782580 03/07/2012 parts Inv. G900012 03/09/2012 1 Acer monitor Check 123619 Date Paid:03/29/2012 Inv. 80000147373031 03/08/2012 Check 123620 Date Paid:03/29/2012 Inv.70140770312 03/16/2012 Check 123621 Date Paid:03/29/2012 Inv.120328 03/28/2012 Check 123622 Date Paid:03/29/2012 Inv.24244444 03/28/2012 Check 123623 Date Paid:03/29/2012 Inv.24233073 03/28/2012 Check 123624 Date Paid:03/29/2012 Inv. 24401 03/03/2012 Check 123625 Date Paid:03/29/2012 Inv.2434216 03/06/2012 Check 123626 Date Paid:03/29/2012 Inv.00076100 03/05/2012 Check 123627 Date Paid:03/29/2012 Inv.INVO084218 03/12/2012 Check 123628 Date Paid:03/29/2012 Inv. S1182356 03/09/2012 Check 123629 Date Paid:03/29/2012 Inv.15808 03/20/2012 Check 123630 Date Paid:03/29/2012 Inv.120328 03/28/2012 Check 123631 Date Paid:03/29/2012 Inv. S01345841002 03/06/2012 Inv. S01348598001 03/09/2012 Inv. S01348667001 03/07/2012 Inv. S01348667002 03/07/2012 Inv. S01348884001 03/09/2012 Inv. S01349239001 03/09/2012 Inv. S01349243001 03/07/2012 Page 1 of 15 CenterPoint Energy 1.24/2.29.12 Comcast 3.26/4.25.12 ZWP wirelesss Commissioner of Transportation Payne/Renneberg Traffic signal Design Donna & Steve Crum 5030 Everest Ln water refund CSM Equities LLC 2600 Niagara Ln water refund Cutting Edge Property Maintenance Inc 3.12.12 Snowplowing Nathan Ln Park&Ride Dalco PCC 3cs TP, 10cs hand towels Data Recognition Corporation Feb'12 UB Processing Display Sales Inc Truck Flag - US Nylon Flag (20) DLT Solutions Inc 3.1.12/2.28.13 UT AutoCad LT Sftwre DSS Commercial Inc Feb'12 Various transit shelter rubbish removal FBI - LEEDA 2012 Goldstein Membership Ferguson Enterprises Inc Stat Rod Cotter Pin supplies - hardware lug rep clamp/shelf supplies- lug rep clamp Fusion bonded sleeves & megalugs rubber gasket plug fusion bonded/rubber gasket Amount: $100.92 100.92 Amount: $388.05 778.55 390.50) Amount: $248.39 248.39 Amount: $32,800.99 32,800.99 Amount: $1,103.97 167.11 629.76 179.92 127.18 Amount: 22,675.89 22,675.89 Amount: 89.30 89.30 Amount: 200.00 200.00 Amount: 7.35 7.35 Amount: 1,055.34 1,055.34 Amount: 17,000.00 17,000.00 Amount: 750.05 750.05 Amount: 1,882.37 1,882.37 Amount: 312.08 312.08 Amount: 1,952.28 1,952.28 Amount: 1,072.17 1,072.17 Amount: 50.00 50.00 Amount: $8,025.23 262.91 385.22 454.60 454.60 1,817.90 7.89 602.16 page 11 4/4/2012 Inv. S01350193001 03/07/2012 Inv. S01350468001 03/07/2012 Inv. S01350468002 03/07/2012 Inv. S01351536001 03/05/2012 Inv. S01351958001 03/09/2012 Check 123632 Date Paid:03/29/2012 Inv.1006633607 03/09/2012 supplies - lug repair clamp supplies - supplies Parts for Lancaster& Cty Rd 9 supplies - pvc/gasket/gland/lug G&K Services Inc City Uniforms Check 123633 Date Paid:03/29/2012 Janet Gamble Inv. 120327 03/27/2012 2.28/3.27.12 Zumba class Check 123634 Date Paid:03/29/2012 Genz Ryan Plumbing & Heating Inv. 201201469 03/28/2012 4415 Yellowstone Ln N Plmbg Permit 201201469 refund Check 123635 Date Paid:03/29/2012 Inv.9753549774 02/13/2012 Inv.9764835610 02/27/2012 Inv.9773784120 03/08/2012 Inv.9773784138 03/08/2012 Inv. 9784757321 03/22/2011 Check 123636 Date Paid:03/29/2012 Inv.15332379 03/06/2012 Check 123637 Date Paid:03/29/2012 Inv. 2000 03/04/2012 Inv. 2001 03/04/2012 Check 123638 Date Paid:03/29/2012 Inv.24191966 03/28/2012 Check 123639 Date Paid:03/29/2012 Inv. 24150431 03/28/2012 Check 123640 Date Paid:03/29/2012 Inv.4744992 02/29/2012 Check 123641 Date Paid:03/29/2012 Inv.121506 03/02/2012 Check 123642 Date Paid:03/29/2012 Inv.125000329 01/26/2012 Inv. 125000352 01/26/2012 Inv.125000425 02/17/2012 Check 123643 Date Paid:03/29/2012 Inv.23642 03/07/2012 Check 123644 Date Paid:03/29/2012 Inv. 14106301 03/28/2012 Check 123645 Date Paid:03/29/2012 Inv.00300189SNV 03/05/2012 Check 123646 Date Paid:03/29/2012 Inv. 261488 03/07/2012 Check 123647 Date Paid:03/29/2012 Inv.1100028033 03/09/2012 Grainger 3Phase line monitor,digital multimeter,tripleguard Supplies - urinal screens combination wrench Antimicrobial push plates/pull plates Cr Inv 9753549774 return Tripleguard Hasler Inc Apr-Jun'12 Postage Machine rental Hawk Performance Specialties 2.8.12 IC Zamboni service IC Zamboni service Benjamin M Henning 925 Windemere Cur N water refund Nicholas R Kallaus 13909 54th Ave water refund Kimley-Horn and Associates Inc Feb'12 2011 Bridge Inspection Kriss Premium Products Inc Mar'12 IC Chemical treatment Lion Total Care Jurek turnout gear repairs Archer turnout gear repairs Couser turnout gear repairs LSC Resource Inc Leave Authorization slips Leslie e & Joseph P Marston 11310 39th Ave N water refund MES Inc Pick/Head Axe w/handle Handle Minnesota Glove & Safety Inc pigskin safety (24pr) Minnesota Pollution Control Agency Air Permit -Zachary Water Plant 138.94 476.02 459.99 2,542.96 422.04 Amount: $325.28 325.28 Amount: $150.00 150.00 Amount: $492.89 492.89 Amount: $774.55 423.75 34.56 28.09 326.57 38.42) Amount: $397.58 397.58 Amount: $1,240.87 925.80 315.07 Amount: $79.15 79.15 Amount: $54.57 54.57 Amount: $2,912.35 2,912.35 Amount: $448.88 448.88 Amount: $629.53 246.75 190.80 191.98 Amount: $416.58 416.58 Amount: $90.00 90.00 Amount: $36.12 36.12 Amount: $187.58 187.58 Amount: $25.00 25.00 Page 12 Page 1 of 15 4/4/2012 Check 123648 Date Paid:03/29/2012 Minnesota Trophies & Gifts Inv. 120312 03/12/2012 2 7x9 Driver Awards Check 123649 Date Paid:03/29/2012 Inv. P922 03/19/2012 Check 123650 Date Paid:03/29/2012 Inv.120308 03/28/2012 Minnesota Volleyball Headquarters Inc 3.17.12 Mini Spikers program Mike Mittelstaedt 3.8.12 Officiate basketball games Check 123651 Date Paid:03/29/2012 MN Dept of Health Inv. 120331 03/31/2012 Jan-Mar'12 Water Connect fee Check 123652 Date Paid:03/29/2012 Inv. 120319 03/28/2012 Check 123653 Date Paid:03/29/2012 Inv.152924 03/06/2012 Check 123654 Date Paid:03/29/2012 Inv.24132404 03/28/2012 Check 123655 Date Paid:03/29/2012 Inv. 120412 03/28/2012 Check 123656 Date Paid:03/29/2012 Inv. 51025P 03/23/2012 Check 123657 Date Paid:03/29/2012 Inv.25731413 03/05/2012 Check 123658 Date Paid:03/29/2012 Inv. 600413892001 03/05/2012 Inv. 600645366001 03/05/2012 Inv. 600771541001 03/06/2012 Inv. 600899718001 03/07/2012 Inv. 600942840001 03/07/2012 Inv. 601045581001 03/07/2012 Check 123659 Date Paid:03/29/2012 Inv. W12020724 02/29/2012 Check 123660 Date Paid:03/29/2012 Inv. 504998001 03/09/2012 Check 123661 Date Paid:03/29/2012 Inv. A448847 03/03/2012 Inv. A448848 03/03/2012 Inv. A448849 03/03/2012 Inv. A448850 03/03/2012 Inv. A448851 03/03/2012 Inv. A448860 03/03/2012 Check 123662 Date Paid:03/29/2012 Inv. C486 03/06/2012 Inv. C487 03/06/2012 Inv. C488 03/06/2012 Inv. C489 03/06/2012 Inv. C490 03/06/2012 Check 123663 Date Paid:03/29/2012 Inv. 120316 03/16/2012 Page 1 of 15 MN Dept of Health Kevin Mastey Class C water license Morton Salt 3.6.12 399.25ton Bulk Road Salt Cara M & Todd L Nash 12345 52nd Ave N water refund National Martial Arts Association Inc 1.10/4.12.12 Shaolin Kung Fu Robert Nesbitt 3.12/3.23.12 MN Joint Analysis Northern Tool/HSBC Business Solutions Lens Underlay Office Depot envelopes office supplies - index Cards envelopes/sign holder Tabs/Perf Note/Steno Supplies - Sharpies DVD labels/envelopes Office of Enterprise Technolog Feb'12 PD Language Line Oil -Air Products LLC Supplies - On Site Sanitation 2.4/3.2.12 Dog Park 2.4/3.2.12 LaCompte Green 2.4/3.2.12 Oakwood Playfield 2.4/3.2.12 Parkers Lake Beach 2.4/3.2.12 Ridgemount plyfld 2.4/3.2.12 Event PT Owens Companies Inc Apr-Jun'12 CC Prev Maint Apr-Jun'12 FS1 Prev Maint Apr-Jun'12 CWP Prev Maint Apr'Jun'12 ZWP Prev Maint Apr-Jun'12 LaCompte Plyfld Prev Maint Amount: 64.13 64.13 Amount: 350.00 350.00 Amount: 92.00 92.00 Amount: 33,816.00 33,816.00 Amount: 23.00 23.00 Amount: 28,789.34 28,789.34 Amount: 89.92 89.92 Amount: 1,444.80 1,444.80 Amount: 2,622.00 2,622.00 Amount: 48.08 48.08 Amount: $185.75 19.88 18.02 19.55 21.92 11.64 94.74 Amount: $47.50 47.50 Amount: $21.88 21.88 Amount: $288.54 48.09 48.09 48.09 48.09 48.09 48.09 Amount: $6,544.25 2,244.00 1,146.50 1,353.00 1,658.50 142.25 Ryan Peterson Amount: $297.31 3.11/3.16.12 Meals,fuel/Tulsa OK Desert Snow $297.31 Page 13 4/4/2012 Check 123664 Date Paid:03/29/2012 Inv. 040518 03/05/2012 Check 123665 Date Paid:03129/2012 Inv. 177154 03/09/2012 Check 123666 Date Paid:03/29/2012 Inv.120326 03/26/2012 Check 123667 Date Paid:03/29/2012 Inv.35081634 03/07/2012 Inv.35117929 03/13/2012 Inv.35162724 03/20/2012 Check 123668 Date Paid:03/29/2012 Inv.05155137240 03/07/2012 training Phasor Electric Company Relocate receptacle Prescription Landscape Inc snow plowing Rayito de Sol LLC Mar-Apr'12 Zumba Robert Half International Inc 3.2.12 Susan Mady Finance Temp 3.9.12 Susan Mady Finance Temp 3.16.12 Susan Mady Finance temp Safelite AutoGlass Glass repair Check 123669 Date Paid:0312912012 SGC Horizon LLC Inv. 65526 03/05/2012 3.5.12 2012 Street Sweeping Inv. 65762 03/09/2012 Proj12007 3.12.12 Check 123670 Date Paid:03/29/2012 Inv.23259 03/21/2012 Check 123671 Date Paid:03/29/2012 Inv.12342 02/29/2012 Check 123672 Date Paid:03/29/2012 Inv. 120316 03/16/2012 Check 123673 Date Paid:03/29/2012 Inv. 8994740637021 02/15/2012 Shred N Go Inc 3.7/3.21.12 Shredding service Steven Socher Feb'12 Snowplowing Social Security Administration Earnings records for PD Officer candidates Special Operations Training Assoc/SOTA 3 Registr "Shooting w/Xray Vision-Dorfsman, Durenb, Kloss Check 123674 Date Paid:03/29/2012 Sprint Inv. 568612126113 03/18/2012 2.15/3.14.12 163 Cellular Phones Inv. 812568813052 03/18/2012 2.15/3.14.12 PD MDC's Check 123675 Date Paid:03/29/2012 Inv.07689002 02/29/2012 Check 123676 Date Paid:03/29/2012 Inv. 2718000482011 03/05/2012 Check 123677 Date Paid:03/29/2012 Inv. 2718000492011 03/05/2012 Check 123678 Date Paid:03129/2012 Inv.293726 03/15/2012 Check 123679 Date Paid:03/29/2012 Inv. CM254934 03/09/2012 Inv. 1905661 02/13/2012 Inv. 1911257 03/05/2012 Inv. 1911998 03/08/2012 Inv. 1912019 03/08/2012 Inv. 1912363 03/09/2012 SRF Consulting Group, Inc. Feb'12 Schmidt Lk road/Nathan Ln State of Minnesota CWP 2011 Chemical storage fees State of Minnesota ZWP 2011 Chemical storage fees Street Fleet 3.14.12 Parts courier Amount: $221.45 221.45 Amount: $240.00 240.00 Amount: $2,542.10 2,542.10 Amount: $8,691.38 2,921.63 2,940.00 2,829.75 Amount: $176.23 176.23 Amount: $313.25 106.75 206.50 Amount: $156.00 156.00 Amount: $650.00 650.00 Amount: $70.00 70.00 Amount: $450.00 450.00 Amount: $5,763.21 4,356.96 1,406.25 Amount: $2,217.69 2,217.69 Amount: $25.00 25.00 Amount: $25.00 25.00 Amount: $17.35 17.35 Streicher's Inc Amount: $604.04 Cr 1912363 Ammo 961.88) Shirt (1) 52.99 x -Ig Jacket (1) 99.99 Launcher deployment bag/Accessory pouch kit 351.08 for bag Pants (2) 99.98 See Cr CM254934 961.88 Check 123680 Date Paid:0312912012 Sun Newspapers Inv. 1364872 03/08/2012 File #2012-013 Page 1 of 15 Amount: $152.88 41.97 Page 14 4/4/2012 Inv. 1364873 03/08/2012 File #2012-011 50.96 03/06/2012 Inv. 1364874 03/08/2012 Proj #12007 59.95 02/14/2012 Check 123681 Date Paid:03/29/2012 Target Bank Amount: 153.69 Inv. 120318 03/18/2012 2.21/3.16.12 Park&Rec prog Splys/PCC 153.69 03/09/2012 Check 123688 supplies Inv. F220690028 03/09/2012 Check 123682 Date Paid:03/29/2012 Terminal Supply Company Amount: 145.87 Inv. 2492600 03/09/2012 Supplies - inventory parts 145.87 03/28/2012 Check 123683 Date Paid:03/29/2012 Timberland Parkers Lake LLP Amount: 9,000.00 Inv. 090908 03/28/2012 R200904154 9.8.09 Fin Guar/Erosion Refund 9,000.00 03/06/2012 Check 123684 Date Paid:03/29/2012 Inv.126689 03/06/2012 Check 123685 Date Paid:03/29/2012 Inv.0150003564 02/14/2012 Check 123686 Date Paid:03129/2012 Inv. 120501 03/28/2012 Check 123687 Date Paid:03/29/2012 Inv.120309 03/09/2012 Check 123688 Date Paid:03/29/2012 Inv. F220690028 03/09/2012 Check 123689 Date Paid:03/29/2012 Inv. 810193 03/08/2012 Check 123690 Date Paid:03/29/2012 Inv.24217455 03/28/2012 Check 123691 Date Paid:03/29/2012 Inv.24222398 03/28/2012 Check 123692 Date Paid:03/29/2012 Inv.000656 03/06/2012 Check 123693 Date Paid:03/29/2012 Inv.120229 02/29/2012 Ultramax 475bx 223 55GR FMJ American eagle University of Minnesota 3.22.12 Raptor Educ prog Envir Quality Fair USPCA Region 12 Wm Dane 5.1.12 Tracking Certification Veterinary Center on Main 3.9.12 K-9 Odie Vet visit W D Larson Companies LTD Inc Filters The Watson Company IC Concession food resupply Paul A Weingarden 16800 41 st Ave N water refund Heather L & Kurt T Wilczek 9920 28th Ave N water refund Workers Comp Reinsurance 2nd Qtr 2012 premium Wright -Henn Elec. Co. Feb'12 Street Lighting Check 123694 Date Paid:03/29/2012 Xcel Energy Inv. 51465207540312B 03/21/2012 Inv. 51552709980312 03/12/2012 2.11/3.10.12 Civil Defense Sirens Inv. 51593725790312 03/12/2012 1.31/2.29.12 3 Transit shelters Inv. 51685621580312 03/12/2012 1.30/2.29.12 Traffic Signals Check 123695 Date Paid:03/2912012 Inv.120322 03/22/2012 Check 123696 Date Paid:03/29/2012 Inv. S01348552002 03/07/2012 Check 123697 Date Paid:03/29/2012 Inv. 120316 03/16/2012 Check 123698 Date Paid:03/29/2012 Inv.120208 02/08/2012 Check 123699 Date Paid:03/29/2012 Inv. 2012-00000084 03/26/2012 City of Wayzata Unit 1704 tabs/Unit 44 title&plates Amount: $3,781.00 3,781.00 Amount: $550.00 550.00 Amount: $60.00 60.00 Amount: $47.40 47.40 Amount: $132.75 132.75 Amount: $522.97 522.97 Amount: $148.15 148.15 Amount: $79.00 79.00 Amount: $6,030.28 6,030.28 Amount: $8,883.05 8,883.05 Amount: $7,104.57 1.19/2.18.12 Reservoir$2,821.59 61.51 1,793.03 2,428.44 Amount: $51.50 51.50 Ferguson Enterprises Inc Amount: 1,166.01 20ft 18 PVC pipe 1,166.01 Matt Gliniany Amount: 209.10 3.11/3.16.12 Meals,fuel/Tulsa OK Desert Snow 209.10 training Janene Hebert Amount: 22.00 2.8.12 Jan/Janene HAM meeting 22.00 Law Enforce Labor Serv./Union Amount: 1,295.91 DUES POL - Police Union Dues * 1,295.91 Page 15 Page 1 of 15 4/4/2012 Check 123700 Date Paid:03/29/2012 Sherry Miller Amount: $37.74 Inv. 120320 03/20/2012 3.19/3.20.12 68 Mileage MnDOT class 37.74 Check 123701 Date Paid:03/29/2012 Sara Mittelstaedt Amount: $48.78 Inv. 120325 03/25/2012 3.3&3.25.12 Rainbow,Costco Sr prog supplies 48.78 Check 123702 Date Paid:03/29/2012 MN AFSCME Council #5 Inv. 2012-00000085 03/26/2012 DUES MTCE - Maintenance Union Dues* Check 123703 Date Paid:03/29/2012 MN Child Support Payment Ctr Inv. 2012-00000086 03/26/2012 CHID SUP% - Child Support Percentage* Check 123704 Date Paid:03/29/2012 Petty Cash Inv. 120328 03/28/2012 2012 Yard & Garden Exp admissions cash Check 123705 Date Paid:03/29/2012 Inv.120326 03/28/2012 Check 123706 Date Paid:03/29/2012 Inv.120323 03/23/2012 Check 123707 Date Paid:03/29/2012 Inv. Import - 1338 03/28/2012 Check 123708 Date Paid:03/29/2012 Inv. Import - 1340 03/28/2012 Check 123709 Date Paid:03/29/2012 Inv. Import - 1341 03/28/2012 Check 123710 Date Paid:03/29/2012 Inv. Import - 1342 03/28/2012 Check 123711 Date Paid:03/29/2012 Inv. Import - 1339 03/28/2012 Check 123712 Date Paid:03/30/2012 Inv. M N 10033672 02/21/2012 Check 123713 Date Paid:03/30/2012 Inv.120330 03/30/2012 Check 123714 Date Paid:03/30/2012 Inv. MNPLY52646 03/25/2012 Check 123715 Date Paid:03130/2012 Inv.125000425A 02/17/2012 Total Payments: 244 Sam's Club Dan Lauer Membership Kelli Slavik 3.23.12 App PDF annotation Brock, Bob Park and Rec Refund Creighton, Marilyn Park and Rec Refund Kaiser, Robert Park and Rec Refund Lipinski, Margaret Park and Rec Refund Pulvermacher, Corrine Park and Rec Refund ARC 42 Color plot banner/dance backgrounds City Engineers Association of Minnesota Cote /Renneberg 2012 Membership Fastenal Company Supplies - Lion Total Care Couser turnout gear cleaning Amount: $2,371.87 2,371.87 Amount: $1,550.61 1,550.61 Amount: $600.00 600.00 Amount: $35.00 35.00 Amount: $10.72 10.72 Amount: $4.00 4.00 Amount: $6.00 6.00 Amount: $52.50 52.50 Amount: $72.00 72.00 Amount: $4.00 4.00 Amount: $157.11 157.11 Amount: $120.00 120.00 Amount: $21.63 21.63 Amount: $89.00 89.00 Total Amount Paid: $1,810,477.10 Page 16 Page 1 of 15 4/4/2012 Date: 414112 H.M.S. Windows - Housing Assistance Payments Page: 0001 Time: 8:25:58 AM PAYMENT REGISTER -SUMMARY Q:%hmslreporls%PAYSUM.QRP Bank Account Description/Account Number 3110681 Number Date Method Status Name Of Payee Total _ 0005751 3127112 Computer Ck. Paid Fernbrook Townhomes $1,182.00 Total For Bank Account $1,182.00 Of Totals Transactions Computer Checks 1 $1,182.00 Manual Checks 0 $0,00 Direct Deposits 0 $0,00 Total For Bank: $1,182.00 Total - All Bank Accounts Printed: $1,182.00 Page 17 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING MARCH 31, 2012 WHEREAS, a list of disbursements for the period ending March 31, 2012 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: M & I Bank — Check Register General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing Redevelopment Check Register Total M & I — Housing Assistance Payments Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS Approved this 10th day of 2012. 805,977.04 147,384.25 857,022.81 93.00 1,810,477.10 1,182.00 1,182.00 1,811,659.10 Page 18 c;ty or Agenda 6 . 0 3PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Craig Lindman, Captain April 10, 2012 Reviewed by: Mike Goldstein, Chief of Police Item: Adopt Ordinance Amending the City Code by adding Section 1180 regarding Hotel/Motel Registration 1. ACTION REQUESTED: Adopt the attached Ordinance Amending the City Code 1180 of the City Code by adding Section 1180 regarding Hotel/Motel Registration. 2. BACKGROUND: In late 2011, police staff discussed issues that were occurring at the hotels in the City and ways to be proactive to reduce related crime. As a result of these efforts, in January 2012, the City Attorney's office drafted a Hotel/Motel registration ordinance which included a picture ID section. Captain Lindman visited all of the hotels in Plymouth to solicit feedback from their managers. The potential ordinance and subsequent feedback were presented to the City Council at a study session on February 21, 2012, to review various recommended changes to this new ordinance. As such, staff's recommendations were considered in principle, and changes to the ordinance have been made. The ordinance in its present form reiterates current Hotel/Motel registration laws in state statue, but adds a section that makes it a misdemeanor crime to falsely register at a hotel/motel. This ordinance does not include a photo identification requirement. 3. BUDGET IMPACT: There would be no budget impact for the City. 4. ATTACHMENTS: Copy of State Statutes Ordinance Page 1 327.10, 2011 Minnesota Statutes Page 1 of 1 eon Minnesota Statutes 327.10 LODGING ESTABLISHMENT OPERATOR, DUTIES. Every person operating within this state a recreational camping area, lodging house, hotel or motel, or resort furnishing sleeping or overnight stopping accommodations for transient guests, shall provide and keep thereat a suitable guest register for the registration of all guests provided with sleeping accommodations or other overnight stopping accommodations thereat; and every such guest shall be registered therein. Upon the arrival of every such guest, the operator of the establishment shall require the guest to enter in such register, or enter for the guest therein, in separate columns provided in such register, the name and home address of the guest and every person, if any, with the guest as a member of the parry; and if traveling by motor vehicle, the make of such vehicle, registration number, and other identifying letters or characters appearing on the official number plate carried thereon, including the name of the state issuing such official plate. Such registration shall be kept in an accurate and orderly manner and retained for one year so that the same will be always accessible for inspection by the proper authorities. History: (10536-5) 1937 c 186 s 1; 1951 c 428 s 16; 1969 c 427 s l; 1981 c 365 s 9; 1986 c 444; 1993 c 286 s 27 Page 2 https://www.revisor.mn.gov/statutes/?id=327.10 4/2/2012 327.11, 2011 Minnesota Statutes ton Minnesota Statutes 327.11 GUEST, REGISTRATION. Page 1 of 1 Every person, upon arriving at any lodging house, recreational camping area, hotel or motel or other resort described in sections 327.10 to 327.13 and applying for guest accommodations therein of the character described in section 327. 10, shall furnish to the operator or other attendant in charge of the establishment the registration information necessary to complete the registration in accordance with the requirements of section 327. 10, and shall not be provided with accommodations unless and until such information shall be so furnished. History: (10536-6) 1937 c 186 s 2; 1951 c 428 s 17; 1969 c 427 s 2; 1981 c 365 s 9; 1986 c 444; 1993 c 286 s 28 Page 3 https://www.revisor.mn.gov/statutes/?id=327.11 4/2/2012 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER XI OF THE PLYMOUTH CITY CODE CONCERNING GUEST REGISTRATION AT HOTELS THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Article XI of the Plymouth City Code is amended by adding Section 1180 as follows: 1180.01. Definitions. The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: Hotel" means an operation furnishing sleeping or overnight stopping accommodations for transient guests, including recreational camping areas, cabin camps, bed and breakfasts, lodging houses, tourist rooms, motels, hotels, resorts, or similar commercial establishments. 1180.02. Hotel Operator Duties. Subd. 1. Guest Registration. Any proprietor, manager, owner, agent, or employee of a hotel must provide and keep an electronic or handwritten guest register for the registration of all guests, and every guest must be registered as provided in this Section. Upon the arrival of each guest, the operator of the hotel must require the guest to provide the name and home address of the guest and every person with the guest as a member of the party, and if the guest is traveling by motor vehicle, the make of the vehicle, registration number, and license plate number, including the name of the state or country issuing the plate. The registration information must be recorded in the guest register and kept in an accurate and orderly manner. The guest register must be retained for one (1) year, and must at all times be open to the inspection of all law enforcement officers. Any person who intentionally violates this Section is guilty of a misdemeanor. 1180.03. Guest Duties. Subd. 1. Guest Registration. Each person arriving at a hotel who receives sleeping or overnight stopping accommodations must furnish to the operator the guest registration information required in Section 1180.02. Children under the age of eighteen (18) who are Doc. #160198 v.3 Page 4 accompanied by a parent or legal guardian who registers are exempt from the registration requirements of this Section. Subd. 2. Failure to Register, Any person who receives or uses hotel sleeping or overnight stopping accommodations and intentionally fails to provide registration information as required by Section 1180.02 is guilty of a misdemeanor. Subd. 3. False Registration. Any person required to register at a hotel who intentionally presents false identification, provides a false or assumed name, or otherwise provides false guest register information is guilty of a misdemeanor. SECTION 2. This Ordinance is effective immediately upon enactment. ADOPTED this day of , 2012 by the City Council of the City of Plymouth, Minnesota. CITY OF PLYMOUTH Kelli Slavik, Mayor ATTEST: Sandra Engdahl, City Clerk Doc. #160198 v.3 2 Page 5 rp)City of Agenda 6 . 0 4PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Shawn Drill, Senior Planner April 10, 2012 Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Approve the Final Plat and Development Contract Item: for "Hampton Hills South Plateau" located south of Pomerleau Lake (2011097-F) 1. ACTION REQUESTED: Move to adopt the following attached items: a) a resolution approving a final plat and development contract for Hampton Hills South Plateau; and b) a resolution adopting assessments for Hampton Hills South Plateau. Approval of a final plat, development contract, and assessment resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: On February 28, 2012, the City Council approved the preliminary plat for a single-family subdivision consisting of 63 lots. This final plat would include the first 40 lots and three out lots. The Hampton Hills South Plateau site is located in the Osseo School District. The final plans have been revised to provide four inches of compost soil amendment in the rear yards of the southerly lots that back up to Bass Creek, as directed by the City Council. The requested final plat is consistent with the approved preliminary plat. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Location Map Approved Preliminary Plat Final Plat Development Contract Resolution Approving Final Plat and Development Contract Resolution Adopting Assessments Page 1 im im SITE OR a011 077- F eo " `,1 t 1 fv +.. C k aP 11} u. cfrv: k 4wllr, 11 rv+~tlb Li - „ , rmr u:' d i i .xw i .m REVISIONS BY y'+4;5','11i'• "7 x ri3 T1' -.I f d • or I 'I:r I ... 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I 1 +emtl1z .,a.smut,. d r• lG'_ fJ'7", 7\`~•~\\ f •, .,:,- rJ m . f I v. : 1 I.:?r. tW '. c •. . i`.' .I :' -,aPrca 2 7/T 7T, \\ dr A j .- t t mrr me nn Eum'Amw' 37 `.\' snv..a.gPrM.l x. eervem i\ v a r"'' 9, "+e 1wam.ax.rarea RBx pj wD64aMT& 01m1a11S1 N1Y12 i- — P • 'd S- ' L r rueetl2 NelexHmn nW. 9GL- E9 M1E a.- r,rq Ew aTl UTLIOEQJA°1OalxxD uout avPRm%Ix CITHXEE LAWYE POEPRTMM9Y10TBTNNM1nATM2DOlP IMM0TMINNI2MmEO0. M1T5DAILYVRCwM1T9wTEREK0 PRPOFCK8610.mgP1 EMN0C1NxEuEry Gr$HU.mNCT1E[—TLCOPANY kLE%IBmNO nRCT9l RTiUn8al,FcjaOMmCNaNNE bRECSTQ FULLY RBCNSG FCrc W HI- FaLmRTC—T1Y—ATE Rce11lRpuEvR aM1a 9lNaAEt ETe aurn AxO PACSCRVEIM'y M1NC PLL EMIETINO UTILIIIEb. kt q^^' -r- h'P•i mpTE,- Z%3 =1 RFm.Na Z Cp '2J BHfETb 1 Gi, LGPpSEn417• APPROVED PRELIMINARY PLAT Page 3 NOMW NSN HAMPTON HILLS SOUTH PLATEAU POMERLEAU LAKE 1!l t IsNs AKk L(SPR&) 2M-31 PAU... & - - - - - SATHREaERGW - IST, 1_ C,_ — — — — — — L - — — — — — — - 44 FINAL PLAT - P.1 Page 4 HAMPTON HILLS SOUTH PLATEAU lal INSET A 4 e.rraryr r' aET LAIC ea i 1, ° zft rr'';s ' MET L" 1 ' 1 I OUTLOT i A 1 t 4 e.rraryr r' aET LAIC ea i 1, ° zft rr'';s ' 4 e.rraryr r' aET LAIC Z t O(lTLOTa y B j •`MET LAXQ sa ji e i SATHRE-SERGWIST, ING•,: Saar •r --- — — — — —r -1— — — — al.a°•a•' " L qm• n `u an m..¢o__-__/ J/ ir„:wl'w me nn a.enm-` e. / ap.71 na+ FINAL PLAT - P.2 L was 1 Ci•9Ymbi 1 NORTH oumaoerNo vei¢m' ¢wndmrcrx 1¢RM¢WM. 0 n.w,r.ww i aww wn Page 5 HAMPTON HILLS SOUTH PLATEAU C.R. DOC. NO. INSET B R.T. DOC. NO. 1 NOR= J a XZ bO rt py 1 e Eff ' r _ _ n Ssx 6 7. o-mao J 4 s •.r rsr otwn.hnnn uill.ni aayaxehx[e Kg KSIIOMN ' 8 i J o ll_°eh by l.lam un pP ehOw rte 9 2 5i as Ie fty Q "' A. 3 /+ yi Wit `wo "'].id i i 1 \ ` 4\ # b w } J I I 5 i .C.\ -" 1`/ • Y df i0 s j 11 yt r Jfy 11a a-hnsir / u nt J W^dor tt 5l y ac LU 9a G 4 a 3 V Z7 r 1 o mm 1 Lj I I R f s W-mrw ` f f1/ rs 4 , 6 \ sorts nv , 4 OUTLOT C ! xmrascacs 1 7 // s VE N ' 11 P — — 1' — — e er . w.'vu nlhann.nl Mln inl.a. wi°.«h. , d r +, r \ 1 1— — — — . — — 4 f1r d 1l t rra.ri ¢.ea511 1 1 x — 567`Sov6 5" sem ea 6 " Cf t } zI S a Y} 3„ til sk"- i SA7HRE-BERGQUIST. INC. x lo. 7117°]oYa't a.q SKEET 4 OF 4 SHEETS F 114AL PLAT - P.3 Page 6 DEVELOPMENT CONTRACT Developer Installed Improvements) HAMPTON HILLS SOUTH PLATEAU (2011097-F) AGREEMENT dated , 20, by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City"), and HAMPTON HILLS INVESTMENT, LLC (the "Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Hampton Hills South Plateau (referred to in this contract as the "plat"). The land is situated in the County of Hennepin, State of Minnesota, and is presently legally described as Outlot D, Hampton Hills 4h Addition, Hennepin County, Minnesota. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this contract, furnish the security required by it, and record the plat with the county recorder or registrar of titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the city clerk, 2) the necessary security has been received by the City, and 3) the plat has been recorded with the Hennepin County Recorder's Office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi -phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this contract and the breach has not been remedied. Development of subsequent phases may not proceed until development contracts for such phases are approved by the City. Any special assessments for sewer and water referred to in this contract are not being imposed on outlots in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges would be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi -phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within five years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two years from the date of this contract, no amendments to the City's comprehensive plan or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved final plat unless required by state or federal law or agreed to in writing by the City and the Developer, Thereafter, notwithstanding anything in this contract to the contrary, to the full Page 7 extent permitted by state law, the City may require compliance with any amendments to the City's comprehensive plan, official controls, platting or dedication requirements enacted after the date of this contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this contract. If the plans vary from the written terms of this contract, the written terms shall control. The plans are: 8. Plan A - Plat Plan B - Final Grading, Drainage and Erosion Control Plan Plan C - Tree Preservation and Reforestation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan Plan G - Permanent Traffic Control Plan IMPROVEMENTS. The Developer shall install and pay for the following: A. Streets B. Sanitary Sewer C. Watermain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Sidewalks/Trails G. Street Lighting H. Underground Utilities I. Street Signs and Traffic Control Signs J. Landscaping Required by Section 21130.03 of the Zoning Ordinance K. Tree Preservation and Reforestation L. Wetland Mitigation and Buffers M. Monuments Required by Minnesota Statutes N. Miscellaneous Facilities The improvements shall be installed in accordance with the City's subdivision regulations and the City's engineering guidelines/standard detail specifications. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the city engineer or designee. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer's engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City's inspectors. The Developer and/or the Developer's engineer shall provide for on-site project management. The Developer's engineer is responsible for design changes and contract administration between the Developer and the Developer's contractor. The Developer or his or her engineer shall schedule a pre - construction meeting at a mutually agreeable time at City Hall with all parties concerned, including the City staff, to review the program for the construction work. 2— PAComnDev\STAFFREP1Development Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 8 All labor and work shall be done and performed in the best and most workmanlike manner and in strict conformance with the approved plans and specifications. No deviations from the approved plans and specifications will be permitted unless approved in writing by the city engineer or designee. The Developer agrees to fimiish to the City a list of contractors being considered for retention by the Developer for the performance of the work required by the contract. The Developer shall not do any work or furnish any materials not covered by the plans and specifications and special conditions of this contract, for which reimbursement is expected from the City, unless such work is first approved in writing by the city engineer or designee. 9. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall provide to the City a cash escrow to pay for the costs of administering the development contract. Administrative costs include but are not limited to preparation of the contract, city recording fees for documents required as part of the development, monitoring of construction observation, consultation with the Developer and his/her engineer on status or problems regarding the project, plan review, coordination for testing, periodic and final inspections and acceptance, project monitoring and inspections during warranty periods, and processing requests for reduction or release of security, for all public improvements covered by the development contract. The cash escrow deposit shall be 51,447 (calculated at 4% of the estimated cost of proposed public improvements, as identified on page 13). If, at any time prior to completion of the development contract administration process, the balance in the cash escrow account is depleted to less than 10% of the originally required cash escrow amount, the Developer shall deposit additional funds in the cash escrow account as determined by the City. Any balance remaining in the cash escrow account upon completion of the development contract administration process shall be returned to the developer after all claims and charges thereto have been deducted. 10. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 11. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, including but not limited to: Minnesota Pollution Control Agency for sanitary sewer extension Minnesota Department of Health for watermain extension, and for abandonment of any on-site wells Shingle Creek Watershed District permits National Pollutant Discharge Elimination System permits Hennepin County for abandonment of any on-site sewage systems Canadian Pacific Railroad for work within railroad properly Minnesota Department of Natural Resources for work within protected waters U.S Army Corps of Engineers for work within protected waters City of Plymouth for building permits 3- PACommDev\STAFFREPMevelopment Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 9 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2012, with two exceptions as follows: 1) placement of asphalt for public streets shall not occur after October 31St unless approved by the City Engineer; and 2) the final wear course placement will be allowed in this new housing development only after one freeze — thaw cycle and after 75 percent of all units are constructed. An inspection of the roadway will be performed by the engineer or designee prior to wear course placement. From this inspection, any deficiencies or damage to the street, sidewalk and curb will be noted and will need to be corrected prior to the placement of the wear course. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access to the subdivision via the Hampton Hills 01 Subdivision. No construction traffic is permitted on other adjacent local streets including the existing rural section of Juneau Lane lying outside the area of this plat. 15. GRADING PLAN. The plat shall be graded in accordance with the approved Grading, Drainage and Erosion Control Plan (Plan B). The plan shall conform to City of Plymouth standards. Within 30 days after completion of the grading, the Developer shall provide the City with a record" grading plan certified by a registered land surveyor or engineer indicating that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. The "record" plan shall contain site grades and field verified elevations of the following: a) cross sections of ponds; b) location and elevations along all swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; and d) top and bottom of retaining walls. All lots with house footings placed on fill must be monitored and constructed to meet or exceed FHA/HUD 79G specifications. The Developer must certify that this has been done correctly. Prior to City acceptance of the grading improvements and a full release of financial sureties, the Developer shall provide the City with final "record" plans, in accordance with the City's most recent Engineering Guidelines. 16. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan (Plan B) shall be implemented by the Developer and inspected and approved by the City. Erosion control practices must comply with the Minnesota Pollution Control Agency's best management practices. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of the work or in an area that is inactive for more than 5 days unless authorized and approved by the city engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in accordance with the City's current seeding standards. All seeded areas shall be fertilized, mulched, and disc -anchored as necessary for seed retention. The parties recognize that 4— PACommDev\STAFFREP1DeveIopment Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 10 time is of the essence in controlling erosion. If the Developer does not comply with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten days, the City may draw down the security to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. 17. 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 to direct 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 to ensure that the streets are passable to traffic and emergency vehicles. The Developer shall be responsible for keeping streets within and without the subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from the Developer's operation. The Developer may request, in writing, that the City keep the streets open during the winter months by plowing snow from the streets prior to final acceptance of said streets. The City shall not be responsible for repairing damage in the development because of snow plowing operations. Providing snow plowing service does not constitute final acceptance of the streets by the City. The Developer shall contract for street cleaning within and immediately adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly basis. A copy of this contract shall be approved by the City before grading is started. The contract shall provide that the City may direct the contractor to clean the streets and bill the Developer. 18. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this contract, the improvements lying within public easements or right -of way shall become City property. Prior to acceptance of the improvements by the City, the Developer must furnish the following affidavits: Contractor's certificate Engineer's certificate Land surveyor's certificate Developer's certificate The above affidavits shall certify that all construction has been completed in accordance with the terms of this contract. Prior to City acceptance of public improvements and a full release of financial sureties, the Developer shall provide the City with final "record" plans, in accordance with the City's most recent Engineering Guidelines. Upon City receipt and verification of the affidavits, and upon receipt of "record" plans acceptable to the City, the city engineer will accept the completed public improvements. 5— P:ICommDevISTAFFRF-P1Developmeiit Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 11 19. PARK DEDICATION. The Developer has satisfied park dedication requirements for this plat through dedication of trail land in Hampton Hills 4 1 Addition, and through previous dedication of park land and trail land in Hampton Hills 3`d Addition. 20. WATERMAIN. This plat is subject to a trunk watermain special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2012 rate is $3,798 per acre. If the development contract is signed by the Developer and City in 2012, the assessment amount is calculated as follows: 56.05 acres minus 30.06 acres of wetland = 25.99 acres x $3,798 per acre = $98,710.02. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The assessment will be spread over five years at 2.44% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 21. SANITARY SEWER. This plat is subject to a lateral sanitary sewer special assessment under Minnesota Statutes Chapter 429. The assessment rate is adjusted annually. The 2012 rate is $1,024 per acre. If the development contract is signed by the Developer and City in 2012, the assessment amount is calculated as follows: 56.05 acres minus 30.06 acres of wetland = 25.99 acres x $1,024 per acre = $26,613.76. If the development contract is signed in another year, that year's per acre rate will be used in the calculation. The assessment will be divided evenly among the lots and blocks in the final plat. The charge will be spread over five years at 2.44% interest on the unpaid balance. The assessment shall be deemed adopted on the date this contract is signed by the City. The Developer waives any and all procedural and substantive objections to the special assessment, including but not limited to, hearing requirements and any claim that the assessment exceeds the benefit to the property. The Developer waives any appeal rights otherwise available pursuant to M.S.A. 429.081. 22. BUILDING PERMITS/CERTI F [CATES OF OCCUPANCY. A. No building permits shall be issued until a contract has been awarded for sewer and water and the MPCA permit has been issued. Prior to issuance of building permits, except those identified in item F of this section, curbing and one lift of asphalt shall be installed on all public and private streets serving the subject lot. B. Prior to issuance of building permits, wetland buffer monuments shall be placed in accordance with the City's zoning ordinance. Specifications for the monuments are available from the Community Development Department. C. Prior to issuance of building permits, written certification of the grading for the block where the building is to be located must be provided to the City. 6— PACommDev\STAFFREP1Development Contracts1201112011097-Hampton-Hills-South-Pla#eau-DC.docx Page 12 D. Breach of the terms of this contract by the Developer, including nonpayment of billings from the City, shall be grounds for denial of building permits, including lots sold to third parties, and the halting of all work in the plat. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, their contractors, subcontractors, materialmen, employees, agents, or third parties. No sewer and water connection permits may be issued until the streets needed for access have been paved with a bituminous surface and the utilities are tested and approved by the city engineer or designee. F. After the plat is recorded and written certification provided of the grading for the block where the building is to be located, a building permit for up to two model homes will be issued on lots acceptable to the building official after building permit review and approval. For this action, the Developer shall indemnify the City and hold the City harmless from any resulting property damage, personal injury or death or costs incurred by the City, including reasonable attorney's fees, except for the willful misconduct or gross negligence of the City. No sewer and water connection permits will be issued until the streets needed for access to the model homes have been paved with a bituminous surface and the utilities are tested and approved by the city engineer or designated representative. No certificate of occupancy shall be issued until sewer and water service is provided to these model homes. 23. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS. Street name signs shall be installed by the Developer. The signs shall be placed at all intersections or at such other locations as determined by the city engineer or designee. All street name -signs must be installed prior to final building inspection approval. The Developer shall install traffic control signs in accordance with the plan approved by the city engineer and Minnesota Manual of Uniform Traffic Control Devices MMUTCD). All signs must be installed prior to final building inspection approval or earlier if necessary as determined by the city engineer. 24. STREET LIGHT OPERATION COSTS. The Developer shall pay to the City the energy cost for the first two years of operation. Ten lights at a cost of $2,000 per year and a two year cost of $4,000, The cost includes contingencies at $1.20 per lot per year and sales tax. After the first two years the street lights will be billed on a bimonthly basis to all of the lots within the subdivision, an ultimate total of 63 lots (40 lots in this addition + 23 future lots to be platted in Outlots A and C), which results in an estimated cost of $5.29 per lot per billing period. The rate quoted above is dependent upon the operation costs for Wright Hennepin Electric under contract franchise with the City of Plymouth. After the first two years, unless final platted into lot -block status, the energy costs for 13 lots shall be billed to the owner of Outlot A, and the energy costs for 10 lots shall be billed to the owner of Outlot C. 7— P:1CommDev\S`rAFF1REPIDevelopment Contracts1201112011097-Hampton-14ills-South-Plateau-DC.docx Page 13 25. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in fall all bills submitted to it by the City for obligations incurred under this contract within 30 days after receipt. Bills not paid within 30 days shall accrue interest at the rate of 8% per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 26. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. The Developer shall post a $15,200 security for the final placement of all subdivision iron monuments. The security was calculated as follows: 152 irons at 100.00 per iron. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. B. The Developer must obtain a sign pen -nit from the City building official prior to installation of any subdivision identification signs. C. The Developer shall supply a complete set of the approved construction plans in an AutoCAD.DWG electronic file format before the preconstruction conference. D. The Developer shall include the "City of Plymouth's Standard Detail Specifications" (all applicable sections) in the contract documents of their improvement project. 8— PACommDev\STAFFREP1Deve1opment Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 14 E. Other requirements: 1. Prior to the issuance of building permits within the South Plateau, the public street system must be extended to that area. 2. The homeowner's association documents shall address: a) responsibilities for maintenance and repair of wetland buffers, buffer monuments, developer - installed retaining walls, and sidewalks; b) prohibition on structures and the clearing of vegetation from the wetland buffers; and c) responsibilities for retaining walls that cross or are adjacent to property lines. 3. The private driveway serving the home on Lot 1, Block 1 shall be designed to a 7 -ton capacity. The driveway shall be at least 14 feet in width, and shall provide a minimum separation of 6 feet between the driveway and the city trail. 4. Prior to recording the fmal plat, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code and engineering guidelines: a. Easement/ agreement requirements: 1) Provide access easement documents for maintenance and unobstructed access to the water quality ponds and sanitary sewer manholes outside the street right-of-way. 2) Record a termination of the existing easement shown as Document No. 7228747 on the ALTA Survey. 3) A grading easement from the CP railroad is required to construct a walkout or lookout on Lot 1, Block 4. 4) Identify the easement recorded as Document No. 3804490 on the ALTA survey. 5) Prepare a driveway easement for the portion of the private driveway serving proposed Lot 1, Block 1 that lies on the city trail outlot (Outlot H, Hampton Hills 4th Addition). The easement shall specify that the owner of Lot 1, Block 1 is responsible for maintenance of the driveway. 6) Maintenance agreements shall be provided for the infiltration basins. 7) Encroachment agreements are required where retaining walls are located in drainage and utility easements between Lots 6 and 7 of Block 1. b. Street and utility plans: Revise the final plat to change the southernmost street naive from "50th Avenue N." to "50th Place N." c. Fire plan: 1) Prior to issuance_ of a building permit for the home on Lot 1, Block 1, the following conditions must be met: i, turning radii must be met for the private driveway. ii. the survey shall indicate a city -approved turnaround near the terminus of the private driveway. iii. the survey shall indicate marker posts along the south edge of the private driveway, as approved by the Fire Inspector. 9- PACommDev\STAFFREP1Development Contracts1201112011097-Hampton-Hills-South-Plateau-DC.doex Page 15 2) The street address for the home on Lot 1, Block 1 shall be posted at the entrance to the private driveway, near Juneau Lane. 3) The fire hydrant on Lot 1, Block 1 shall be relocated roughly 150 feet east) as approved by the Fire Inspector. 5. Standard conditions: a. Development standards and setbacks shall comply with the RSF-3 zoning standards. No variances are granted or implied. b. The sidewalks along all streets shall be installed at the same time the streets are installed. c. Removal of all hazardous trees from the property at the owner's expense. d. Compliance with the city's tree preservation regulations. e. No trees shall be planted in the boulevard. 27. MISCELLANEOUS. A. The Developer may not assign this contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. B. Building permits are required for retaining walls 48 inches in height or higher. Additionally, a fence shall be installed at the top of retaining walls that exceed four feet in height. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the building official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans or by special conditions referred to in this contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. C. The developer shall submit appropriate legal documents regarding homeowner association documents, covenants and restrictions, as reviewed by the city attorney for consistency with the City's official controls and conditions of approval shall be filed with the final plat. If the documents are not consistent with the City's official controls and conditions of approval, the documents shall be amended to make them consistent prior to recording the final plat and homeowner association documents. D. The Developer shall take out and maintain or cause to be taken out and maintained until 6 months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of 1,000,000 or more. The City shall be named as an additional insured on the 10— P;1Coinrn ev\STAFFREPIDevelopment Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 16 policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given 30 days advance written notice of the cancellation of the insurance. E. Third parties shall have no recourse against the City under this contract. F. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this contract. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this contract shall not be a waiver or release. H. This contract shall run with the land and may be recorded against the title to the property. The Developer covenants with the City, its successors and assigns, that the Developer has fee title to the property being final platted and/or has obtained consents to this contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. L Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision regulations, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. 28. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than 48 hours in advance. This contract is a license for the City to act, and it shall not be necessary for the City to seek a court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 11— PACommDev\STAFFREP1Development Contracts1201112011097-Hampton-Hills-South-Plateau-DC.doex Page 17 29. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this contract against poor material and faulty workmanship. The Developer shall submit a letter of credit for 25% of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for utilities including public sanitary sewer, storm sewer, and water mains shall be 2 years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be 1 year from the date of final written City acceptance. C. The required warranty period for sod, trees, and landscaping is one growing season following installation. D. The required warranty period for wetland mitigation is 5 years. 30. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this contract, payment of special assessments, payment of the costs of all public and private improvements, and construction of all public and private improvements, the Developer shall furnish the City with a letter of credit, in a format acceptable to the City, from a bank, cash escrow or a combination cash escrow and letter of credit ("security") for $1,570,495. The amount of the security was calculated as follows: 12 — P:1CommDev\STAFFREP1Development ContractA201112011097-Hampton-Hills-South-Plateau-DC.docx Page 18 1) Developer installed public improvements. City to own and maintain after development completed. 2) Private. Property owner and/or property owner's association to maintain after development completed. 3) Ten (10) street lights @ $5,000 = $50,000. The preceding breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the city manager. The City may draw down the security, without notice, for any violation of the terms of this contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least 3 0 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 13 P:1CommDevISTAFFREP1Development Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 19 ESTIMATED COSTS Developer ITEM Installed (1) Private (2) Total Street Construction 491,955 491,955 Sanitary Sewer System 234,429 234,429 Watermain System 250,621 250,621 Storm Sewer System 167,976 167,976 Boulevard Sod 2,500 2,500 Infiltration Basins 29,460 29,460 Street and Traffic Control Signs 3,400 3,400 Sidewalk Improvements 47,200 47,200 Retaining Wall 2,640 2,640 Street Lighting 50,000131 50,000 Erosion Control and Silt Fence 11,950 11,950 Site Grading 5,975 5,975 Setting Iron Monuments 15,200 15,200 Tree Preservation and Reforestation 88,922 88,922 SUB -TOTAL: 1,148,381 253,847 1,402,228 Design, Admin., Insp., As-Builts (12%) 137,806 30,461 168,267 TOTAL: 1,286,187 284,308 1,570,495 1) Developer installed public improvements. City to own and maintain after development completed. 2) Private. Property owner and/or property owner's association to maintain after development completed. 3) Ten (10) street lights @ $5,000 = $50,000. The preceding breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the city manager. The City may draw down the security, without notice, for any violation of the terms of this contract or if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least 3 0 days prior to the expiration of the security, the City may also draw it down. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the city engineer or designee that work has been completed and financial obligations to the City have been satisfied, with city engineer or designee approval the security may be reduced from time to time by 75% of the financial obligations that have been satisfied. Twenty-five percent (25%) of the amounts certified by the Developer's engineer shall be retained as security until: (1) all improvements have been completed; (2) iron monuments for lot corners have been installed; (3) all financial obligations to the City satisfied; (4) the required "record" plans have been received by the City; (5) a warranty security is provided; and (6) the public improvements are accepted by the City. 13 P:1CommDevISTAFFREP1Development Contracts1201112011097-Hampton-Hills-South-Plateau-DC.docx Page 19 31. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this contract which must be furnished to the City at the time of final plat approval: Park Dedication NIA Street Light Operating Fee 4,000 Erosion Control Cash Deposit (Refundable) 1,000 Administration of Development Contract Escrow 51,447 TOTAL CASH REQUIREMENTs LEVIED: $56,447 32. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Jacob Fick Hampton. Hills Investment, LLC 16972 Brandtjen Farm Drive Lakeville, MN 55044 The Developer shall notify the City within five days of a change of address. Notices to the City shall be in writing and shall be either hand deliverer) to the city manager, or mailed to the City by certified mail in care of the city manager at the following address: Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 14— P:1CorntnDev\STAFFREP1Development Contracts1201112011097-Hampton-Hills-Soutfi-Plateau-DC.docx Page 20 CITY OF PLYMOUTH RESOLUTION No. 2012- A RESOLUTION APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR "HAMPTON HILLS SOUTH PLATEAU" FOR PROPERTY LOCATED AT 5313 JUNEAU LANE (2011097-F) WHEREAS, Hampton Hills Investment, LLC has requested approval of a final plat for 40 new single-family lots and three outlots on roughly 75 acres of land located at 5313 Juneau Lane; and WHEREAS, the property is legally described as Outlot D, Hampton Hills 4th Addition, Hennepin County, Minnesota. WHEREAS, city staff has prepared a development contract covering the improvements related to said plat. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Hampton Hills Investment, LLC for a final plat for Hampton Hills South Plateau; and FURTHER, that the development contract for said plat be approved, and that upon prior execution of the development contract by the developer, the mayor and city manager be authorized to execute the development contract on behalf of the city; and FURTHER, that the following conditions be met prior to recording of, and related to said plat: 1. The final plat for Hampton Hills South Plateau is approved in accordance with the plans received by the city on March 1, 2012, except as may be amended by this resolution. 2. Prior to recording the final plat, the developer shall execute a development contract for the public and private improvements, and shall submit the required financial guarantees. 3. Prior to recording the final plat, the developer shall fulfill the requirements, submit the required information, and revise the plans as follows, consistent with the applicable city code and engineering guidelines: A. Easement/ agreement requirements: Page 21 Resolution 2012 - File 2011097-F Page 2 1) Provide access easement documents for maintenance and unobstructed access to the water quality ponds and sanitary sewer manholes outside the street right-of- way. 2) Record a termination of the existing easement shown as Document No. 7228747 on the ALTA Survey. 3) A grading easement from the CP railroad is required to construct a walkout or lookout on Lot 1, Block 4. 4) Identify the easement recorded as Document No. 3804490 on the ALTA survey. 5) Prepare a driveway easement for the portion of the private driveway serving proposed Lot 1, Block 1 that lies on the city trail outlot (Outlot H, Hampton Hills 4th Addition). The easement shall specify that the owner of Lot 1, Block 1 is responsible for maintenance of the driveway. 6) Maintenance agreements shall be provided for the infiltration basins. 7) Encroachment agreements are required where retaining walls are located in drainage and utility easements between Lots 6 and 7 of Block 1. B. Street and utility plans: 1) Revise the final plat to change the southernmost street name from "50th Avenue N." to " 50th Place N." 2) Revise the utility plans to relocate the fire hydrant on Lot 1, Block 1 (roughly 150 feet to the east) as required by the Fire Inspector. C. The developer shall obtain the necessary, applicable permits and approvals as follows: MPCA, Minnesota Department of Health, Shingle Creek Watershed Management Commission, NPDES, Hennepin County, Canadian Pacific Railroad, Minnesota Department of Natural Resources, U.S. Army Corps of Engineers, and City of Plymouth. 4. Prior to issuance of building permits, the public street system must be extended to the South Plateau area. 5. Prior to issuance of building permits, permanent wetland buffer monument signs shall be installed pursuant to ordinance requirements. 6. Prior to issuance of a building permit for the home on Lot 1, Block 1, the following conditions must be met: 1) Fire Department turning radii must be met for the private driveway. 2) The survey shall indicate a city -approved turnaround near the terminus of the private driveway. 3) The survey shall indicate marker posts along the south edge of the private driveway, as approved by the Fire Inspector. Page 22 Resolution 2012 - File 2011097-F Page 3 7. The private driveway serving the home on Lot 1, Block 1 shall be designed to a 7 -ton capacity. The driveway shall be at least 14 feet in width, and shall provide a minimum separation of 6 feet between the driveway and the city trail. The street address for the home on Lot 1, Block 1 shall be posted at the entrance to the private driveway, near Juneau Lane. 8. In addition to the required front yard trees for each lot, the applicant shall plant 16 additional trees on the site as shown on the plans. 9. Prior to issuance of a grading permit or any grading activities, the developer shall install and request inspection of tree preservation fencing and silt fencing. 10. The homeowner's association documents shall address: a) responsibilities for maintenance and repair of wetland buffers, buffer monuments, developer -installed retaining walls, filtration basins, and sidewalks; b) prohibition on the clearing of vegetation from the wetland buffers; and c) responsibilities for retaining walls that cross or are adjacent to property lines. 11. Standard conditions: a. No building permits shall be issued until the final plat and all easements and agreements are filed and recorded with Hennepin County and proof of recording is submitted to the city. b. Development standards and setbacks shall comply with the RSF-3 zoning standards. No variances are granted or implied. c. Any signage shall require separate permits and shall comply with the city's signage regulations. d. Building permits are required for retaining walls 48 inches in height or higher. Additionally, a fence shall be installed at the top of retaining walls that exceed four feet in height. e. The sidewalks along all streets shall be installed at the same time the streets are installed. Compliance with the city's tree preservation regulations. g. No trees shall be planted in the boulevard. h. Removal of all hazardous trees from the property at the owner's expense. i. As-builts of sanitary sewer, water service, storm sewer and pond construction shall be submitted in accordance with the city's Engineering Guidelines, and prior to the release of financial guarantees. j. This approval shall expire two years after the date of approval, unless the property owner or applicant has recorded the final plat, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under Section 512 of city code. Page 23 Resolution 2012 - File 2011097-F Page 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOITA that Approved this 10th day of April 2012. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 10, 2012, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the city this day of City Clerk Page 24 CITY OF PLYMOUTH RESOLUTION NO. 2012 ADOPTING ASSESSMENTS TRUNK SANITARY SEWER AND WATER MAIN HAMPTON HILLS SOUTH PLATEAU (2011097) WHEREAS, the City has received a Waiver of Assessment Hearing from the property owner of Hampton Hills South plateau waiving their right to special assessment hearings for trunk sanitary sewer and water main and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear interest at the rate of 2.44% 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, 2013. 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 Department, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and the Developer may at any time thereafter pay the City of Plymouth Finance Department 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 29 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 $125,323.78. Approved this l Ot" day of April 2012. Page 25 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 10, 2012, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 26 City of Agenda 6 . O 5 Plymouth Number: rpv Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Joshua Doty, Senior Planner COUNCIL MEETING Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, April 10, 2012 Community Development Director Approve site plan amendment and variances for a Item: 1,872 -square foot detached accessory building located at One Carlson Parkway (2012009) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a site plan amendment and variances for a 1,872 -square foot detached accessory building and related site improvements for property located at One Carlson Parkway, as recommended by the Planning Commission. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: On April 4, 2012, the Planning Commission voted unanimously to recommend approval of the site plan amendment and variances. The applicant was present in support of the request. The Planning Commission asked if there would be a berm or trees to screen the building from single family properties to the north. Staff responded that there is an exiting berm and trees to screen this area and the applicant would plant four new coniferous trees. A resident stated that she wants to make sure the trees would be planted. Staff responded that the city will require the applicant to submit a financial guarantee to make sure the trees are planted. Staff will inspect the property to ensure the trees are planted according to the approved plan. A copy of the Planning Commission minutes is attached. Notice of the Planning Commission's public meeting was mailed to all property owners within 200 feet. The notification area map is attached. Development signage remains on the property. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Resolution Approving Site Plan Amendment and Variances P:\CommDev\STAFFREP\CC\2012\2012009 One Carlson Parkway Garage SPA VARs.docx Draft Planning Commission Minutes April 4, 2012 Page 2 7. NEW BUSINESS A. CARLSON REAL ESTATE (2012009) Commissioner Anderson stated that the variance would allow the side yard setback at about 25 feet rather than 75 feet and that's a big change. He asked to view the site plan to see if there would be berming with the trees and what the view would be Iike there. Senior Planner Drill presented the site plan. He stated there is existing berming along the north Iot line. He said there is single-family development to the north and the north elevation is roughly six feet higher than the elevation of the parking lot. He said the garage would be built at the parking lot level, over current parking spaces. He said that in addition to the elevation change, there are a number of existing trees in that area for screening and the applicant would be planting four new conifers in that area to help screen that area off so that the garage would hardly be noticeable from the residential area to the north, Commissioner Nelson asked if staff had received any feedback from residents. Senior Planner Drill responded that staff had been contacted by some of the neighbors. He said after they reviewed the plans, they indicated they had no concerns. Chair Davis introduced Lan Cao, 14607 Gleason Lake Drive. Ms. Cao stated that last year, the applicant cleaned up some damaged trees very close to her backyard. She said that in that process, they removed lilacs her mother planted along the edge of the property. She said the manager in charge of Iandscaping for Carlson Company told her they would replace the lilacs, but they never came back. She said that for this application, she wants to make sure they do what they said they will do. Chair Davis stated that the applicant is committed to planting four new trees as part of this application. Commissioner Anderson asked how many lilacs were removed. Ms. Cao stated about six or seven. Commissioner Anderson asked the size of the lilacs. Ms. Cao stated that the lilacs were about one to two years old and that they have since been replaced by her mother. Senior Planner Drill confirmed for Chair Davis that the applicant will be required to plant the four new trees as shown on the site plan. Chair Davis stated that the Planning Commission would not be able to assist Ms. Cao with the lilacs but the Planning Commission can ensure that the site plan proposed at this time is followed. Senior Planner Drill added that there would be a site performance agreement with this application and the developer would have to post money for the trees prior to obtaining a building permit for the garage. He said that if the applicant does not install the four trees, the city would have the funds to make sure the work gets completed. Page 2 Draft Planning Commission Minutes April 4, 2012 Page 3 MOTION by Commissioner Anderson, seconded by Commissioner Robinson, to approve the request by Carlson Real Estate Company for a site plan amendment and variances for construction of a detached accessory garage for property located at One Carlson Parkway. Vote. 7 Ayes. MOTION approved. S. ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 7;16 p.m.. Page 3 Agenda Number 5.15. File 201.2009 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Joshua Doty, Senior Planner (509-5453) through Barbara Thomson Planning Manager MEETING DATE: April 4, 2012 APPLICANT: Carlson Real Estate Company PROPOSAL: Site plan amendment and variances for a detached accessory building LOCATION: One Carlson Parkway GUIDING: CO (Commercial Office) ZONING: B -C (Business Campus) REVIEW DEADLINE: July 11, 2012 DESCRIPTION OF REQUEST: Carlson Real Estate Company is requesting the following: 1) Site plan amendment to construct a 1,872 -square foot detached accessory building and related site improvements; 2) Variance to allow the detached accessory building in a front yard; and 3) Variance to allow a 24.7 -foot side yard setback from the north property line, where 75 feet is required by the zoning ordinance. Notice of the public meeting was mailed to all property owners within 200 feet of the site. A copy of the notification area map is attached. Development signage has been posted on the property. Page 4 2012009 Page 2 CONTEXT: Surrounding Land Uses Natural Characteristics of Site The site is located within the Minnehaha Creek drainage district, There is a medium -quality wetland located on the west side of the site. The expansion would not impact the wetland. The site is not within a shoreland overlay district or a flood plain overlay. The site is not subject to tree preservation regulations. Previous Actions Affecting Site The site was developed with the 81,558 -square foot building in 1988, LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a site plan amendment is limited to whether or not the proposed project complies with the comprehensive plan and zoning ordinance requirements. If it meets these standards, the city must then approve the site plan amendment. The city's discretion in approving or denying a variance is limited to whether or not the proposal meets the standards for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for a variance. Site Plan Amendment The applicant, Carlson Real Estate Company, together with SRF Consulting Group, Inc. primary tenant), is requesting a site plan amendment for construction of a 1,872 -square foot detached accessory building on the property. The proposed 26 -foot by 72 -foot building would be located northeast of the principal building on the property. The building would be constructed over nine existing parking spaces on the north end of the parking lot. The applicant is proposing the building to store SRF company vehicles, which are currently parked outside in the parking lot. The building would also have an area for bicycle storage to encourage bicycle commuting. The building would have three, 18 -foot wide garage doors and a service door on the south side of Page 5 Adjacent Land Use Guiding Zoning North & West Single Family Homes LA -1 RSF-1 & RSF-2 East Across Carlson Parkway) Office Use CO B -C, South City of Minnetonka) Residential Apartments NIA NIA Natural Characteristics of Site The site is located within the Minnehaha Creek drainage district, There is a medium -quality wetland located on the west side of the site. The expansion would not impact the wetland. The site is not within a shoreland overlay district or a flood plain overlay. The site is not subject to tree preservation regulations. Previous Actions Affecting Site The site was developed with the 81,558 -square foot building in 1988, LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a site plan amendment is limited to whether or not the proposed project complies with the comprehensive plan and zoning ordinance requirements. If it meets these standards, the city must then approve the site plan amendment. The city's discretion in approving or denying a variance is limited to whether or not the proposal meets the standards for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for a variance. Site Plan Amendment The applicant, Carlson Real Estate Company, together with SRF Consulting Group, Inc. primary tenant), is requesting a site plan amendment for construction of a 1,872 -square foot detached accessory building on the property. The proposed 26 -foot by 72 -foot building would be located northeast of the principal building on the property. The building would be constructed over nine existing parking spaces on the north end of the parking lot. The applicant is proposing the building to store SRF company vehicles, which are currently parked outside in the parking lot. The building would also have an area for bicycle storage to encourage bicycle commuting. The building would have three, 18 -foot wide garage doors and a service door on the south side of Page 5 2012009 Page 3 the building (facing the parking lot). The applicant would shift/re-construct two existing curb islands further to the south to provide enough maneuvering room for the SRF company vehicles to access the garage. The zoning ordinance contains specific standards for approval of a site plan, Staff has reviewed the application with these standards and summarized them as follows: s Ordinance Proposedeef Rg. uirer ent.:_ t trei>ants w u ld` Setback 14rth75 feet 24,7 feet Noy 75 feet 157 feet Yes ldit torin . „rrvetback, ?:' 10 feet 10 feet Yes it'i ei =I >Et.w 20 feet 14.2 feet Yes uta 2 trees 4 trees Yes 1 isiSlti?i' Fully Shielded Unknown Unknown** Watts per sq f1 20 Unknown Unknown* Variance Addressed in Resolution The specific standards that require additional explanation are as follows. Screening The land directly north of the proposed accessory building includes a berm that is approximately eight feet higher than the grade of the parking lot. The berm together with existing trees and shrubs would provide screening of the building from the adjacent residential use to the north. The applicant is proposing to plant four additional evergreen trees to further screen the accessory building from the adjacent single family homes. Staff finds that the applicant's screening plan would comply with the zoning ordinance. Building Materials The accessory building would be constructed with different types of brick to match the color and design of principal building. The garage doors would be painted to match the building. The materials comply with city regulations. Variances Accessory Building in a Front Yard The applicant is requesting a variance to allow a 1,$72 -square foot detached accessory building in a front yard. Section 21115.04, subd. 1 (d) of the zoning ordinance prohibits accessory structures in a front yard. Section 21105 defines a front yard as a yard extending across any street frontage of a lot. Based on this zoning ordinance definition, the subject property has one Page 6 2012009 Page 4 front yard along Carlson Parkway. The applicant is proposing to construct the accessory building between the front of the principal building and Carlson Parkway. Side -Yard Setback Sections 21120,05 and 21555,13 of the zoning ordinance require a 75 -foot side yard setback for the accessory building. The applicant is requesting a variance to allow the side (north) setback to be reduced to 243 feet to allow construction of a detached accessory building in the northwest corner of the existing parking lot. The garage would meet other setback requirements. The intent of side yard setback is to provide separation between the garage and the living area on abutting lots, In this instance, the garage would be screened from the neighboring properties to the north with an existing berm, trees, shrubs, and proposed trees. In review of the request, staff finds that all of the applicable variance standards are met, as follows: I) The requested variance would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city's comprehensive plan, 2) The applicant has demonstrated that there are practical difficulties in meeting the setback requirement, because: a. The applicant proposes to use the property in a reasonable manner, b. The request is due to unique circumstances that were not created by the applicant. Given the position of the street frontage and the position of the principal building and parking lot, there is no other reasonable location on the property to place a detached accessory building without the need for a variance. The applicant is proposing to locate the building in the northwest corner of the parking lot where there is an existing berm and vegetation to screen the building from adjacent homes. c. The variance would not alter the essential character of the lot or neighborhood. The garage and service.doors of the accessory building would face south, which is opposite of the adjacent residential use. The garage would be placed over existing parking stalls. 3) The requested variance is not based exclusively upon economic considerations. The property owner is proposing to construct an accessory building to house company vehicles and commuter bicycles. 4) The variance would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. 5) The variance requested is the minimum action required to address the practical difficulties, Page 7 2012009 Page 5 RECOMMENDATION; Community Development Department staff recommends approval of the site plan amendment and variances for Carlson Real Estate Company for property located at One Carlson Parkway, subject to the conditions listed in the attached resolution. ATTACHMENTS: 1. Draft Resolution Approving Site Plan Amendment and Variances 2. Variance Standards 3. Applicant's Narrative 4. Location Map 5. Notification Area Map 6. Site Aerial Photo 7. Site Graphics P:1CommDev\S'I'AFFREP1PC12D1212012009 One Carlson Parkway Garage SPA VARs.docx Page 8 rp)City of Plymouth Adding Quality to Life Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 763)509-5450 FAX (763) 509-5407 ZONING ORDINANCE VARIANCE STANDARDS The City Council or Zoning Administrator may approve a variance application (major or minor, respectively) only upon finding that all of the following criteria, as applicable, have been met: 1. The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan. 2. The variance applicant has satisfactorily established that there are practical difficulties in complying with this Chapter. "Practical difficulties" means that: a. the applicant proposes to use the property in a reasonable manner not permitted by this Chapter; b. the plight of the landowner is due to circumstances unique to the property that were not created by the landowner; and c. the variance, if granted, would not alter the essential character of the locality. 3. The variance request is not based exclusively upon economic considerations. 4. The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. 5. The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. 6. The variance requested is the minimum action required to address or alleviate the practical difficulties. Section 21030 -Plymouth Zoning Ordinance Forms: ZOvariancestds.docx Page 9 Zo a 601 CARLS ON REAL ESTATE COMPANY January 19, 2011 Josh Doty, Senior Planner Planning Division, Dep't. of Community Development City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Narrative in Connection with Application for Variances for detached garage facility One Carlson Parkway, Plymouth, Minnesota Applicant Carlson Real Estate Company 301 Carlson Parkway, Suite 100 Minnetonka MN 55305 The following consultants have been retained by the Applicant to assist with the application: Civil Engineer, Landscape Architect, Lighting Design SRF Consulting Group, Inc. One Carlson Parkway North; Suite 150 Plymouth, MN 55447-4443 Architect Jennifer Kaeding BDH&Young 7001 France Avenue S., Suite 200 Edina, MN 55435 952-345-8314 Page 10 Project History & Need Carlson Real Estate Company (Landlord) in conjunction with SRF Consulting Group, Inc. Tenant) are applying for the required variances to construct a detached parking structure that is 26' x 72' for the purposes of housing SRF Consulting Group, Inc. company vehicles and providing bicycle storage to encourage more bike commuting. These vehicles, which are a key tool to the success of SRF Consulting Group, are currently parked outside in the parking lot where they are subject to the elements and vulnerable to theft and or vandalism which has already been experienced). The bike storage will encourage greener commuting for tenants of the building by providing a safe, secure and enclosed location for bike storage. Tenant informal surveys have found that bike commuting participation would increase with more secure bike storage located outside of tenant's leased space in addition to the current traditional external bike racks. SRF Consulting Group has been a long-term tenant at One Carlson Parkway (24 years). Throughout the years they have expanded several times and they now currently lease 70,361 SF of the total 81,558 SF of the building. General Information The property is situated southwest of the intersection of Gleason Lake Rd. and Carlson Parkway. The site contains one multi -tenant building with associated parking. There is one trash enclosure structure on the north side of the building that will remain. The project consists of adding the proposed single story parking structure and enclosed bike storage parking for 6 vehicles where there are currently 9 parking stalls). The Parking Structure will be constructed with the same design details and materials as the existing main building structure. Architectural plans and elevations are included with this application. Site Layout The Parking Structure is proposed to be constructed on the northerly portion of the site within the existing 75' building set -back. The proposed structure will be approximately 23'- 8" from the northerly property line. Additionally, the Parking Structure will be set closer to the front property line than the existing primary structure. Page 11 Utilities There will be little change to site utilities, other than what is needed for underground power lines required for parking lot lighting and building electrical service. No additional water main, sanitary sewer or storm sewer is proposed. The Parking facility will not have any water service to the structure. One existing Fire Hydrant will be relocated to accommodate the new parking island configuration. Grading and Drainage The site drainage will be unchanged, as the building location proposed will be placed where there is currently impervious asphalt paving. Site grading will be minimal, conforming as close to existing grades as possible. No work will be required on State, County or City rights-of-way. Landscaping With the new parking structure being located where there currently is parking the existing mature trees will remain. Some pruning of these trees may occur to clean up overhanging branches. Additionally, coniferous type screening material will be placed between the parking structure and the property line to the north. Lighting Existing parking lot lights and electrical facilities will remain and only be relocated as needed to accommodate the new parking configuration. The project will affect only one of the existing pedestrian lights. Additionally, exterior wall pack lighting will be added to the parking structure to illuminate the area in front of the garage for safety purposes. Sincerely, Chad Murdoff Carlson Real Estate Company Page 12 Location ,Tap - 2012009 Carlson Real Estate Company One Carlson Parkway- Accessory Building Site Plan Amendment and Variances rN%k QA it! City of Plymouth, Minnesota 200 100 0 200 40o coo moo®ww Legend TfJfC, Cc mercial CC, City Center CO, Commercial Office P, Planned Industrial LA -1. Liv ng Area 1 LA -2, Living Area 2 0 LA -3, Living Area 3 LA -4, Living Area 4 K;1 LA -R1 LA -1R2 VA LA -R3 LA -RT E1 P -I, Public!Semi-Publicllnstitutionaf Page 13 Hennepin County Mailing Labe! Map Provided By: Taxpayer Services Department i [ 32} i11} i #13# ( (12} 1i 1r E lila1#j _! 141 I 5 33-118-22-44 2#[ 00 iL F1 7 1I '04-111-22-11 f f For more information contact: Print Date: 2/22/2012 Hennepin County GIS Division 300 south 6th street Map Scaie: 1" = 318' Minneapolis, MN 55487 Buffer Size: 200 feet gis.info@co.hennepin.mn. us Map Comments: 1 CARLSON PKWY N PLYMOUTH, MN Page 14 Aerial Photograph - 2012009 city of Plymouth, Minnesota 150 75 0 150 300 450 Feet Page 15 79. 01.91 N2Y2'39-E fmz, W. PAR k W A "°13,7, ate=._-"Ye a•••, f'e,.a?-u, _ .. c —— v I_ceNo luuNxnmIINEmhc n{ crwcF F'[E pyo Nno qO txlve d' clpaN WT IZ a v ploLe D t111 HaM,°LCY ILL uci" 1 l I /1 stew aTscea °NI hedNlpn, ppeprdxp le Im Plpl nerwl m dlv er er r.eprYInen: emtt al Arpri« :i nH:.'Iia rM1,,,° I„ c°I,elx Flh..aele n nye Deal „em+m, pop m,pllflcellp, ,I II r°nrlpry r._er, r, nmanemae'Hlwleo.emenln ere Iwelna per ev°°lmre mep. wa Ileaemle 6 ve'leee'tln n mny 1 f' yc • Ig} Ccrtlhple vl Pd. 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REMO C HYDRANT TREE PROTECT ZkII EVERGREEN AND J0 EIMUOILS TREE MASSINC TO REMAIN RERN)VE EXISTING U*PT r I (S; SAHTI DI C11111 5 SAL OONf 3' DEPTH ROCK MULCH MID WEED BARRIER FABRIC MRNT 17 NEW 3612 CURB ND GUTTER arm ! # W —PROTECT EXISTING SHRUB M0.55ING tO REMAIN XISINET IR TREES2 2) BLACK HILLS SPRUCE. HT B&O CO PAC7 CONNECT IC P'R'NO CNL EXISTINO CURE CONNECT TOOUR REMOVE DEAD TREE PROTECT EXIETINOI NESA TREE TO REMAIN oAREAS CISTLIRSED 61' comI SHALL DC SOODE . 1111 2 THE CONTRACTOR SHALL HE SOLELY RESPONSIBLE FOR ALt UT11,11 LOCATES C ESE KAR 2 9 2012 CITY OF M IsI 2 Lu Z 0L= zLu c Lo U, E 21 Lu Z 0 SHEET I CB I Page 17 CM— III II' I FLOOR PLAN KEYCU NOTES wL- MA!IL 6 M2 11 Ll ay II A200 Page 18 a on<x . a-1 EXTERI6R ELEVA71Uv KEYEU Nq, E$ E D D YOUNG C rw u... e... "... ....,, erN,m.,-, i l1M d nr11 A 14! V I'Ivaul .:1 ,IN xtur i nrry nluvlhn. 1.11m'f ek.nic M. -, W seranrinox irt- rrr n r•-iwa 5.v - ._. I I/11,11 11ru" hwr II, d r r In. i! FEB 6 201' NeM _______ A300 o, _______ _____ _— GIYYOfACRrfUUTM are/,i1 — —_-- 22IMUNITY US'1ELCPMENT 9EPARI'MENC Page 19 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO APPROVE A SITE PLAN AMENDMENT AND VARIANCES FOR CARLSON REAL ESTATE COMPANY TO CONSTRUCT A 1,872 -SQUARE FOOT DETACHED ACCESSORY BUILDING AND RELATED SITE IMPROVEMENTS AT ONE CARLSON PARKWAY (2012009) WHEREAS, Carlson Real Estate Company, has requested approval of a site plan amendment and variances to construct a 1,872 -square foot detached accessory building and related site improvements for property legally described as: Lot 1, Block 1, Carlson Center Seventh Addition, according to the recorded plat thereof on file or of record in the office of Register of Title, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting 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 by Carlson Real Estate Company, for a site plan amendment and variances to allow a 1,872 -square foot detached accessory building and related site improvements, subject to the following conditions: 1. A site plan amendment is approved to allow a 1,872 -square foot building and related site improvements, in accordance with the plans received by the city on February 6, 2012 and revised site plan received on March 29, 2012, except as may be amended by this resolution. 2. Variances are approved to allow a detached accessory building within a front yard and to allow a 24.7 -foot side yard setback to the north property line, where 75 feet is required by the zoning ordinance, with the finding that the applicable variance standards are met, specifically: a) The requested variance would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city's comprehensive plan. b) The applicant has demonstrated that there are practical difficulties in meeting the setback requirement, because: 1. The applicant proposes to use the property in a reasonable manner; 2. The request is due to unique circumstances that were not created by the applicant. Given the position of the street frontage and the position of the principal building and parking lot, there is no other reasonable location on the property to place a detached accessory building without the need for a variance. The applicant is proposing to locate the building in the northwest corner of the parking lot where there is an existing berm and vegetation to screen the building from adjacent homes; and Page 20 Resolution 2012 - File No. 2012009 Page 2 3. The variance would not alter the essential character of the lot or neighborhood. The garage and service doors of the accessory building would face south, which is opposite of the adjacent residential use. The garage would be placed over existing parking stalls. c) The requested variance is not based exclusively upon economic considerations. The property owner is proposing to construct an accessory building to house company vehicles and commuter bicycles. d) The variance would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. e) The variance requested is the minimum action required to address the practical difficulties. 3. A separate building permit is required prior to commencement of the project. 4. Prior to issuance of a building permit, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Complete a site improvement performance agreement and submit a financial guarantee pursuant to section 21045.10 of the zoning ordinance. b. Revise plans to add "compact parking" signage south of the proposed garage. c. Submit a revised lighting plan in compliance with the shielding and maximum wattage requirements of section 21105.06 of the zoning ordinance. d. Obtain all applicable permits from the Minnehaha Creek Watershed District. e. The fire hydrant shall be relocated to a location approved by the Fire Inspector. The eave of the accessory building shall be located at least five feet from the trash enclosure. 5. Silt fence shall be installed prior to any construction on the site. 6. The color and materials of the proposed building shall match the color and materials of the existing building. 7. Any rooftop equipment shall be screened or painted to match the building. 8. Standard Conditions: a. The applicant shall remove any diseased or hazardous trees. b. New signage shall receive sign permits when required and shall comply with section 21155 of the zoning ordinance. c. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. d. The site plan and variances shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless Page 21 Resolution 2012 - File No. 2012009 Page 3 the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under sections 21045.09 and 21030.06 respectively, of the zoning ordinance. Approved this 10th day of April 2012. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 12, 2012, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 22 rp) City of Agenda 6.06 . O 6 Plymouth Number: v v Adding Quaffty to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Joshua Doty, Senior Planner COUNCIL MEETING Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, April 10, 2012 Community Development Director Approve variance for a 672 -square foot detached Item: accessory building in a front yard for property located at 17330 1lth Avenue North (2012017) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a variance for a 672 -square foot detached accessory building in a front yard for property located at 17330 11th Avenue North, as recommended by the Planning Commission. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: On April 4, 2012, the Planning Commission voted unanimously to recommend approval of the variance on their consent agenda. A copy of the Planning Commission minutes is attached. Notice of the Planning Commission's public meeting was mailed to all property owners within 200 feet. The notification area map is attached. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Resolution Variance P:\CommDev\STAFFREP\CC\2012\2012017 Mickschl Detahed Garage SPA VARs.docx Page 1 Draft Minutes City of Plymouth Planning Commission Meeting April 4, 2012 MEMBERS PRESENT: Chair James Davis, Commissioners Die Kobussen, Nathan Robinson, Gordon Petrash, colt Nelson, Bryan Oakley and Marc Ande on MEMBERS ABSENT: None STAFF PRESENT: Senior Planner Own Drill and Off,Support Specialist Laurie Lokken 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AG MOTION by Commissio r Robinson, seconded by Commissioner Neon, to approve the April 4, 2012 Planning ComDarssion Agenda. Vote, 7 Ayes. MOTION appro 5. CONSENT AGENDA ChairDav' moved Consent Agenda item 5.B. to New Business item 7.A, at Co fission Anders 's request. APPROVAL OF THE MARCH 21, 2012 PLANNING COMMISSION MEETIN MINUTES MOTION by Commissioner Petrash, seconded by Commissioner Nelson, to approve the March 21, 2012 Planning Commission Meeting Minutes. Vote. 7 Ayes. MOTION approved. C. DAMIEN AND JULIE MICKSCHL (2012017) MOTION by Commissioner Petrash, seconded by Commissioner Nelson, to approve the request by Darnien and Julie Mickschl for a variance for a detached accessory garage in the front yard for property located at 17330 11"' Avenue North. Vote. 7 Ayes. MOTION approved. PUBLIC HEARINGS 7. A. CARLSON REAL ESTAT" 009) 2 Agenda Number File 2012017 • PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Joshua Doty, Senior PIanner (509-5453) through Barbara Thomson Planning Manager MEETING DATE: April 4, 2012 APPLICANT: Damien and Julie Mickschl PROPOSAL: Variance for a detached accessory building in a front yard LOCATION: 17330 11 "' Avenue North GUIDING: LA -1 (living area 1) ZONING: RSF-1 (single family detached 1) REVIEW DEADLINE: July 7, 2012 DESCRIPTION OF REQUEST: The applicants are requesting approval of a variance to allow construction of a detached accessory building in a front yard for property located at 17330 11`1' Avenue North. The applicants would construct a 24 -foot by 28 -foot detached accessory building 10 feet in front of the house. The garage would be constructed on the west side of the property and would be side loaded with the garage door facing east. The zoning ordinance categorizes detached garages, storage sheds and similar buildings as accessory structures. The zoning ordinance prohibits accessory structures in a front yard. The proposed garage would be 672 square feet and 15 feet high. The applicants have smaller sized two car attached garage (18 -foot by 24 -foot), which would remain. Notice of the public meeting was mailed to all property owners within 200 feet of the site. A copy of the notification area map is attached. Page 3 File 2012017 Page 2 CONTEXT: Surrounding Land Use and Zoning Previous Actions Affecting Site The subject lot was platted in 1939 as part of the City View Acres subdivision. The home was constructed in 1964. In 2010, the subject property owner purchased a 90 -foot by 80 -foot portion of the neighboring property to the west. This property was then consolidated into the subject lot through the recording of a lot line adjustment at Hennepin County. No city approval was required for the lot line adjustment. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposal meets the standards for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for a variance. ANALYSIS OF REQUEST: The applicants are requesting a variance to allow a 24 -foot by 28 -foot (672 -square foot) detached garage in a front yard. Section 21120.01, subd. 1 of the zoning ordinance prohibits accessory structures in a front yard. Section 21105 defines a front yard as a yard extending across any street frontage of a lot. Based on this zoning ordinance definition, the subject property has one fi•ont yard along 11 'h Avenue North. The RSF-1 zoning district requires that accessory structures located in the side yard be set back at least 15 feet from side lot lines and six feet from rear lot lines, and may not exceed 15 feet in height. The proposed detached garage would be located partially in the side yard and partially in the fi•ont yard. The zoning ordinance does not include a front yard setback requirement for an accessory structure because they are prohibited in the front yard. However, the minimum front setback for the principal structure is 25 feet, The applicants have proposed to locate the garage 41 feet from the front (south) lot line, 20 feet from the side (west) lot line, and 15 feet from the side (north) lot line. The detached garage would be 15 feet high and would be constricted with exterior finishes that would match that of the existing home. The applicants are also proposing a side -loaded garage, with two windows on the south garage wall facing the street. In review of the request, staff finds that all of the applicable variance standards are met, as follows: Page 4 Ad'acent Land UseGuiding Zoning North, South, Single-family homes LA -1 RSF-1 East & West Previous Actions Affecting Site The subject lot was platted in 1939 as part of the City View Acres subdivision. The home was constructed in 1964. In 2010, the subject property owner purchased a 90 -foot by 80 -foot portion of the neighboring property to the west. This property was then consolidated into the subject lot through the recording of a lot line adjustment at Hennepin County. No city approval was required for the lot line adjustment. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not the proposal meets the standards for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for a variance. ANALYSIS OF REQUEST: The applicants are requesting a variance to allow a 24 -foot by 28 -foot (672 -square foot) detached garage in a front yard. Section 21120.01, subd. 1 of the zoning ordinance prohibits accessory structures in a front yard. Section 21105 defines a front yard as a yard extending across any street frontage of a lot. Based on this zoning ordinance definition, the subject property has one fi•ont yard along 11 'h Avenue North. The RSF-1 zoning district requires that accessory structures located in the side yard be set back at least 15 feet from side lot lines and six feet from rear lot lines, and may not exceed 15 feet in height. The proposed detached garage would be located partially in the side yard and partially in the fi•ont yard. The zoning ordinance does not include a front yard setback requirement for an accessory structure because they are prohibited in the front yard. However, the minimum front setback for the principal structure is 25 feet, The applicants have proposed to locate the garage 41 feet from the front (south) lot line, 20 feet from the side (west) lot line, and 15 feet from the side (north) lot line. The detached garage would be 15 feet high and would be constricted with exterior finishes that would match that of the existing home. The applicants are also proposing a side -loaded garage, with two windows on the south garage wall facing the street. In review of the request, staff finds that all of the applicable variance standards are met, as follows: Page 4 File 2012017 Page 3 1) The requested variance would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city's comprehensive plan. 2) The applicants have demonstrated that there are practical difficulties in meeting the setback requirement, because: a. The applicants propose to use the property in a reasonable manner; b. The request is due to unique circumstances that were not created by the applicant, Given the width of the lot and the position of the home on the lot there is no space for a detached garage in the side yard without the need for a variance. The applicants have side -loaded the garage to minimize the amount of garage located in the front yard, while maintaining the minimum 15 -foot setback from the north property line; and c. The variance would not alter the essential character of the lot or neighborhood. The proposed garage would be a standard sized two -car garage that complies with the city's 15 -foot height requirement. The garage would be designed with materials and colors to be consistent with the house. 3) The requested variance is not based exclusively upon economic considerations. The property owners are proposing to construct a detached accessory building to store vehicles, provide storage and allow a small personal shop. 4) The variance would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood, 5) The variance requested is the minimum action required to address the practical difficulties. RECOMMENDATION: Community Development Department staff recommends approval of the requested variance at 17330 11th Avenue North, subject to the findings and conditions listed in the attached resolution. ATTACHMENTS: 1. Draft Resolution Approving Variance 2. Variance Standards 3. Applicant's Narrative 4. Location Map 5. Notification Area Map 5. Aerial Photo 7. Photos of the Site P:1Conl[n1)EV STAFFREMPC1201212012017 Mickschl Garnge VAR,docx Page 5 rp) Plymouth t Adding Quality to Life Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 763)509-5450 FAX (763) 509-5407 ZONING ORDINANCE VARIANCE STANDARDS The City Council or Zoning Administrator may approve a variance application (major or minor, respectively) only upon finding that all of the following criteria, as applicable, have been met: 1. The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan. 2. The variance applicant has satisfactorily established that there are practical difficulties in complying with this Chapter. "Practical difficulties" means that: a. the applicant proposes to use the property in a reasonable mauler not permitted by this Chapter; b. the plight of the landowner is due to circumstances unique to the property that were not created by the landowner; and c. the variance, if granted, would not alter the essential character of the locality. 3. The variance request is not based exclusively upon economic considerations. 4. The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other Iand or improvements in the neighborhood. 5. The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. 6. The variance requested is the minimum action required to address or alleviate the practical difficulties. Section 21030 -Plymouth Zoning Ordinance Forms: ZOvar€ancestds.docx Page 6 March 9, 2012 To: 'Me City of Plymouth From: Damien & Julie Mickschl RE: Var=iance Request for a detached garage at 17330 11th Avenue North, Plymouth 1. The variance, and its resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan. a. We are requesting a variance to build a detached, two car garage that will extend beyond the front of our house on the west side of our property at 17330 11th Avenue North. 2. The variance applicant has satisfactorily established that there are practical difficulties in complying with this Chapter. "Practical difficulties" means that: a. The applicant proposes to use the property in a reasonable manner not permitted by this Chapter; i. The proposed garage is -going to be used for vehicles, storage and a small hobby shop. We seek only a minor deviation from the zoning requirement, asking to allow us to build a garage so that it extends beyond the front of our house. We are asking for a variance of 12' in order for us to acquire a building permit. Building the garage in a different location on our property cannot be achieved without severely changing the existing structure of our house. The most costly option would be ripping off the existing garage and turning it into a single, attached garage with a long driveway running parallel to the side of the house that would run into the backyard. With this option, we lose our attached two car garage, the paver patio behind the garage and space in the backyard. The second option would involve building an addition onto the front of our existing house by 12 feet, thus putting the proposed garage inline with the house. Neither of these options are the most cost efficient, nor do either of them make much sense to us. b. The plight of the landowner is due to circumstances unique to the property that were not created by the landowner; and i. The lot our house is situated on is somewhat unusual in that its shape is a "backwards L." 1n 2010, we bought 90 feet of our neighbors lot. When we bought the property we weren't aware of the setback limits or the ordinance that a detached building has to be inline or behind the front of the house. We would like to build the 672 square foot garage on the west side of our property. The way that our house is situated on the lot makes it impossible to build the garage in another location Page 7 on our property. We have a large lot, with a large backyard, but the house is set in such a way that it would be impractical to build a garage behind our house that one cannot access with a vehicle. c. The variance, if granted, would not alter the essential character of the locality. i. The addition of this conventional, detached garage will not change the spirit of the neighborhood, nor infringe on any neighboring property owner's rights, use, or enjoyment of their own land. The structure will blend in and will be in character with the existing neighborhood. 3. The variance request is not based exclusively upon economic considerations. a. We areplanning to use the_garage for vehicles, storage and a small hobby shop. 4. The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. a. The garage will not be detrimental to the public welfare, nor will it be injurious to other land or improvements in the neighborhood. In fact, it should add value to our property and our neighbor's property values. 5. The variance, and its resulting construction or project, would not impair an adequate supply of light and air adjacentproperties, nor would it substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. a. The City of Plymouth setback limits on the rear side of theproperty are 6 feet and 15 feet on either side of the property. We would like to situate the detached garage on the west side of our lot so that it sits 15 feet from our rear property line and 24 feet from the west property line. We would like to keep our garage off of the rear property line for several reasons. Primarily, we would like to give our neighbor some space along the lot line to allow for an adequate supply of light into his garage. Occasionally, this neighbor moves and operates a Bobcat along our rear property line on the west side of our property and we would like to give him the space that he needs to operate and move his machine safely without the chance of something hitting our garage. Furthermore, we have existing landscaping and vegetation that extend roughly 8 feet from theproperty line that wasplanted last summer. It would not be ascetically pleasing to redo or change the landscaping as it extends along our side and rear property lines. Page 8 6. The variance requested is the minimum action required to address or alleviate the practical difficulties. a. It is impossible for us to build a detached garage in another location on ourproperty because of the property's topography, width, location of the driveway and existing vegetation. Regardless of where the garage is situated on the lot (b feet from the rearproperty line vs. 15 feet from the rear _property line), the side of the garage will still extend beyond the front of our house. We thank you for your time and hope you look favorable on our application. Sincerely, iODIamiendJulie 'ckschl Page 9 Location Map - 2012017 Damien and Julie Mickchl 17330 11th Ave N - Accessory Building Variance rmwu 11 WA 12) City of Plymouth, Minnesota 140 50 6 100 206 300 Feel Legend FM C, Comercial FU CC, City Center J CO, Commercial Office IP, Planned Industrial F. I LA -1, Living Area 1 0 LA -2, Living Area 2 0 LA -3, Living Area 3 127 LA -4, Living Area 4 LA -R1 EA LA -R2 LA -R3 Cl LA -RT EZ) PA PublicJSemi-Publicllnstitutional Hennepin County Mailing Label Map Provided By: Taxpayer Services Department S E its AVE ed !-- a._......•,.. 127NAVI N 44# 31-118-22-11 E 221 g 23) i3 : e x i iz,• :. 65 E La-: 31-1 a# 32-119122-23 (g) (# r) For more information contact: Print Date' 2/6/2012 Hennepin County G IS Division Map Legend: 300 South 6th Street Map Scale: 1" = 165' Minneapolis, MN 55487 Buffer Size: 200 feet =''r gis.info@co.hennepirn.mn.us P: Water Major Roads YL'z:d3 Park — Minor }toads Map Comments: Parcel 17330 11TH AVE H Buffer Region PLYMOUTH, MH Selected Parcels r estimai®TA J`Rv 14ENNEPIN III – MlW Page 11 rPA Aerial Photograph - 2012017 2 City of Plymouth, Minnesota 60 30 0 60 120 180 Feet Page Page 13 Ceftificate of Survey After) RN cz 26 1 2 ?WZ 17 S- 2 2 51L W9I.9M'W .5<7.47 M— JL47.5r Plat d -,A fiarc za PrqN-.d MM 9-9m. 27 A— 2064-.60 97 BLOCK 2 WI. 7,3 J51.73 mwx MI,]S &%00 I th Ave N jlh PROPOSM PRCOZIRM' DESCRIPTION.' 0; $7, 0-* Z OT,' NEW ACRES, 4v—ep, County. ca Ail'O-otc' d000ndlng to the rmordad prof eh'dor. F-eo the com 9600 r-,, of said Lot 27. ANO The Se-tt NOY of Lot 25, gi-k Z and the Z.st 90.00 (« Crit KeL.1 27, &0a Z CiW ACNES H*nrp;q 1:-M'. W—S*t.' aec Prding ^4 the '—d J nokes iron monument found Requested RY: that ihla q -;*cd U cen oles hrol pipe so, of -Q-1 L,,' 27, Damien Mickschl 2~2 p— 9—p. and markedI Z "d the South H -H -/ L- Z6, cm dly.Lio.—d, L.,,i S'"pl rd., I.., o th. s 9 V*51 t)ivWon SlAwt TTO Buffalo, MN55,71.1 9 denotes soil boring Flock 2, Cr "1' NEW ACRES, Hennepin Me: r 3): scctl" Ch c d By: r753)6a2-47.-7 FNY' (763JM2-3522 Job N.. cenct's pencolctTon test hole Alinnesatu 7/8/107 M.L.H. I W 1 p F: C) SOCIATES 1 400b2 qC' 7-11 0—M09 Page 13 Z a — c=s e.iG L c v,— it 1. L -i l E. 1 rzLy [ ' e- r Page 14 i i• i a iis. 41 •• i:• i ii d i y t ' L. it : i; is i': i i € i' i. 'i . ii 7i .. 11 in i:!.:.: :.: dai.: l ,.::'Lr .-.. :?! 1......1 ....!:::: i€: i::.1 € d.. .:iaY:l..... ,:d. i... I.. 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'li iia:€€.3,€ i'•€€€€€€5j'€€ i ',1'M”, i::Nldid'ai1i€! ilii!i i€II€ail:isiKl:iai:i?isi!ill:ii: 9€i?iiill>iiiiIME Page ik s C$ 315 IJ R I ri Y p,Jq y., T N e 1 ik s C$ 315 IJ R I CITY OF PLYMOUTH RESOLUTION No. 2012- A RESOLUTION APPROVING A VARIANCE FOR DAMIEN MICKSCHL AND .JULIE MICKSCHL TO ALLOW A DETACHED ACCESSORY BUILDING IN A FRONT YARD FOR PROPERTY LOCATED AT 1733011 T" AVENUE NORTH (2012017) WHEREAS, Damien Mickschl and Julie Mickschl have requested approval of a variance to allow a detached accessory building in a front yard for property located at 17330 11th Avenue North; and WHEREAS, the subject property is legally described as follows: The South Half of Lot 26, Block 2, and the East 90.00 feet of Lot 27, Block 2, City View Acres, Hennepin County, Minnesota, according to the record plat thereof. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Damien Mickschl and Julie Mickschl for a variance to allow a detached accessory building within a front yard on property located at 17330 11th Avenue North, subject to the following: 1. The requested variance is hereby approved, in accordance with the application received by the city on March 9, 2012, except as may be amended by this resolution. 2. The requested variance is approved to allow a 24 -foot by 28 -foot detached garage in the front yard on the west side of the property, based on the finding that all applicable variance standards have been met, specifically: a) The requested variance would be in harmony with the general purposes and intent of the ordinance, and would be consistent with the city's comprehensive plan. b) The applicants have demonstrated that there are practical difficulties in meeting the setback requirement, because: I . The applicants propose to use the property in a reasonable manner; 2. The request is due to unique circumstances that were not created by the applicant. Given the width of the lot and the position of the home on the lot there is no space for a detached garage in the side yard without the need for a variance. The applicants have side -loaded the garage to minimize the amount Page 19 Resolution 2012- 2012017) Page 2 of garage located in the front yard, while maintaining the minimum 15 -foot setback from the north property line; and 3. The variance would not alter the essential character of the lot or neighborhood. The proposed garage would be a standard sized two -car garage that complies with the city's 15 -foot height requirement. The garage would be designed with materials and colors to be consistent with the house. c) The requested variance is not based exclusively upon economic considerations. The property owner is proposing to construct a detached accessory building to store vehicles, provide storage and allow a small personal shop. d) The variance would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion or the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. e) The variance requested is the minimum action required to address the practical difficulties. 3. A building permit is required prior to commencement of the proiect. 4. The applicant shall construct the garage addition to be consistent with the character of the home with matching building materials and color. 5. The detached accessory building shall not exceed the 15 -foot maximum height requirement, as specified in the RSF-1 zoning district. 6. The variance shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21030.06 of the zoning ordinance. Approved this 10th day of April 2012. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 10, 2012, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 20 rp)City of Agenda 6 . 0 7PlymouthNumber: Adding Qgdity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Doran Cote, Director of Public Works April 10, 2012 Reviewed by: Approve Agreement Regarding Transfer of Item: Certain Improvements Between Silverthorne Homeowner's Association and City of Plymouth 1. ACTION REQUESTED: Adopt attached resolution approving an Agreement Regarding Transfer of Certain Improvements between Silverthorne Homeowner's Association and City of Plymouth. 2. BACKGROUND: In August, 2011, the Silverthorne HOA submitted a formal request for the City to assume responsibility for the maintenance of their streets as set forth in the City policy. They also asked the City to take on maintenance of their otherwise private utilities. On February 14, 2012, the City Council approved a policy and agreement on the acceptance of private streets and utilities as public. 3. BUDGET IMPACT: There is no budget impact due to this action. The Silverthorne Homeowner's Association has deposited a check in the amount of $15,500 in accordance with the policy and agreement. 4. ATTACHMENTS: Location Map Agreement Regarding Transfer of Certain Improvements between Silverthorne Homeowner's Association and City of Plymouth Resolution Page 1 9ILVERFMORNEM PROVOCka ACADLWt SCHWD FLAKE RD 5iLVEV4THQRN.LA-1 ' SILVtFMCAPUE 2140 LOCABON --NL-k? Page 2 AGREEMENT REGA1 ING TRANSFER OF CMTA N JAI PR(]VEMFNTS BETWEEST HOMEOWNERS ASSOCIATION AND C1TV QF PLYMOUTH This agrixxnmt is ante into as of . 2012 b een ft City of Plymouth City') ,and [insert name of assoeilatfonj 'Aas ciat on*). RECITALS A_ The Asst f iation is the fee owns- of certain i nprevt!mentn (the "Improvements"} located in insert name ofdevelopment) located at [insert addre ]. B. The Association wishes to transfer ownersHp, operation, and rnaintena.i.= of the Improve is to the City. C. The C4 is wills to ac pt the 1mpmvmaat5 and be responsible for their future mahy=wce and opera ion, if the Improvements wrest City standards. Now them consideration of the mutual covenants and oxiditiom set froth in this agreema t, ffie City Pad the dation agree as follows; ARTICLEONE Awe' -+G-t;4TION''S F#OR14IApLg REQUEST 7FORAEFTANyl' lKr.44 Y44` VEML;.'1 l 1.01. The Improvernents that the Association wishes to transfer to 1he City are listed in Exhibit A to this agreement. 1.02- The k;soc'iati[m will field toize and mark, or will cause to have located and marked, at the Association's expeme, each of the Dinprovements listed in ExWrt A = well as private watcrrnain, sewer, storm sewer, electric, gag wtd teleammunicAtions utilities. 1.03. The Association will provide to the City the as -built plans and .any existing maintenance records for each of the Improvements. LK The City will provide a preliminary iaditution as to whethcr it will accept each pt the 14wovements. ARTICLETWOO CCrNIiUIONS FOR AC:CElyfA NCE OF E4it'R+f VEMENTS 0I, A,nyr lrnpiuvennent uudc•r iA)nsi 1afi0 i for acovtmx by the City uiw t be in&peeted $car conformance to the City's standards W for conte to the City's standard i1 specifications. The Cit} will riot acobpt items that do not wnfortn to those standards. Items that do KRG214124y2 UR270-W Page 3 not wnkrm will be identified by the City and must be repaired, replaced or upgraded befbre ac;ceptance by the City. 2.02, City to Upgrade 1MMavement& The Association may elea to have the hnpmvements upgraded to City standards in w000rdance with City's Policy Relating to Accepting Private Streets and/or Utiliti into the City Utility Systen By signing below, the Association makes known their dcskc to have the Improvements upgraded by the City. ff F-- L&4i 4v 4 -Of Tho qty 901, at their discretion, make the determination wlyqher to proceed with the Improvement& 11c City will provide the prelimivary indication as identified aWve, however, the City Council shall make the final detamingtion whether to undertake the Impmvements. If the upgradea m wWertaken by the City, the fulls Ing r(quirements shall apply: 2-02.1. Amempent AgLeement. The Association must approve an assessmerd agreement to to assessed their portion of fixe Improvement cmts. If the assessments are challeug4 the Assi33iation is responsible fur all costs incurred by the City due to said challcnge. 2.02.2. Aswcjwttoi Pi4002& The City may, at their dismfioN OX)QW to wscss the Association's pmdon of the Improvement cots to a cominonly owned property of the Asswiatiom 2.03- Association to UIrade Novements. The Association may elect to upgrade the Improvements so tliat they comply with City standards provided plans wd specifications are approved by the City ("Approved Pla.W). By signing below, the A=36ation nukft known their desire to have the Improvurients upgraded by the Association. If the upgrades are -undertaken by the Association, the following requiremerits shall aVply-, 2,03. 1, Staking, Survnkand hmectjo=. The A-4sodadon, through its engineer, must provido A suking'sarveying and inspection rocords for the by4wovernents in order to msm that the completed Improvements conform to the Approved Plans. The City will provide: for Sweral inspection, The Association must notify the city of all tests to be performed. 2.03.1 UmtAKIm Labor or Material, Any unsatisfiKlory labor or material rejected by the City mW be replaced and all deficiencies con-ected at the sole expense of the Association. KRC-21417Av2 OR270--W Page 4 En¢ineer. y C day- tensions must be requested by the As i.anon in writing with details explaining the need for the extension. 2.03.4. Mainten-muce of Improyements. The Association shall be responsible for all maintenance, upkeep and repair of the Improvements until such Improvements are completed and accepted by the Cita. 'The As s eciation hereby agrees to i de7r7ni:fy and hold the City hmrmles s from any and all dmim for damages of my nature whats oever arising out of As sociation., s am of omis situs in performing the obligationsimposed upon Ass ociation by this paragraph. 03.5. Additional Work or Materials. :-Uwork- covered by this Agent shall be done at no peusetothe City. The Association shall not do any work or furnish any, materials not covered b a the Approved Plans unles s such work is first approved by- the Citi. Any such work- or materials that may, be done or furnished by the his sod ation or its Contractor without prior wntten order are furnished at the As s edition's or ntracor: s ov"m risk. As -built Plans. Upcu completion of the -work the As 3ociat on shall provide the C4 witha fullset of as --built plans ofthe upgrades to the improvements in a form simi]x to the ex ample pro%-tded in Appendi% B for Citi- records. 2.03.3. Final InsgectionAceeptance. capon completion of all work- required by the City Engine --f of designated representative: the Cita- Engineer and representatives of the Assolct'adon's contractor and cr en gineerwillmalLe a ftual'in spection ofthe work The City Engineer shall be satisfied th=t all work is satisfactoril*,- completed to accofdance with the Appraved Plans, and the As sc ci_tion's engineer shall submit 2 written statement attesting to the s ame. The fmzl -mpproval and acceptance of the Improvements shall take the form of a resolution duly pas sed by the City, Council on the ad-% ice of the Cite Engineer. AR-11CLI: IHREE E ASE1fEIS AND CIIY COSIS 3.01. Eas ements. The As s e L i=tion shall proVt' & in fecordable format the neces s _=- ems° ements _t no coat to the City. These e-.sements shall be in a form acceptable to the Cit,: at their sole dis cfetion. The City- shall fe4 ofd the em ements promptly, after the acceptance of the w cfl- by the Citi- Council. 3.G. -Mj.02. of Citi- Costs. ? -pon ecuton of this Agreement, the Association shall par a deposit into the es crow .account oy the City. in the .amount of S 5.OD (five dollars) per lineal foot of utilities and S2C.CC'twenty- dollars) per liueal f art streets to be transferred. These monies are to beused by, the City. to pay, its ,out-of-podLet costs in preparing and administering this Agreement, The out-of-pocket costs to be paid shall include; but nc.t be limited to; attomF-'s~fees. engi eef14_R fees. and other technical of professional assistance. including the i{-ofl- of the City, staff and employees. FTiene. er the balance remaining in the fund is less than S1:. (one thousand dollars): the As so i=tic:n Shall: upon request by the Cit;". dep!ositthe mount fequitgd to re-establish the fimdbalance atSSU '.:C (five thousand dollars". ?-pon completionofall work- required by -this Azfeement anv, balance f --m aininL7shall be feflmded to the As s, -dation. Page 5 ARIICLE FOUR OTHER REQLZREN EN -1S 4.01. Iudemm=lc_tion. - otwithstandinzan-vEnL7 to the contrary in this :kgreemmt the Cite its officials; agents and employees shall not be personally liable or responsible in any manner to the Association, the Assoctation's contractor or subcontr=or; material suppliers: laborers or to any, other person or persons for any claim.. demand. damages. actions or causes of action of any Idud ur char actef arising out of or by, fens on of the -sxecution of this Agreement of the performance and completion of the work- r--quifed by this A,Efeement to be performed by the Association. The Association will save the Cite. its +a5tl-t13, =¢ants and employees harmless from .all such claims: demands. damazes: or causes cf_cticn mdthe costa; disbursements, and ----ipens es of defending the same. includinLy but not limited to. _ttcrne*, =ees. eonsultinLy enzm'ering series. and other technical oT professional assistance. including the work- of City staff and employf-es. omithstandin-zthe for ezoiw, nothinEin this Azfeement shall be construed to waive of limit an -v immunity= from or limitation on liability to which the City is entitled. under Minnesota Statutes. Chapter 466 or oth:nvis e. 4.02. L nder oundL tilities. The Association shall contact the electric. telephone, gas and cable companies that :fe authorized to provide service to the property for the purpose of ase tainntng whether an e: _ the.: e utility- providers intend to install underground lines within the development. Ther: 0ci=titin €¢fees to Comply with applicable requirements of franchise ordinances 'in effect in the Cir: copies c._ i:hich are available from the Ciry Clerk t -, ceptmce c f the pravements. the Cite assumes no obligation or duty- to maintain the lie:-cnd the .tmd d= set cut in the apglitable Citi- polir-ies. ARTICLE FIVE NESCELLANTOUS FROYISIO S 5.41. Amendment. Any. amendment to this Agreement must he in writing and .signed by both parties. 5.02. Assignor t. The Assdation mav not transfer or assign an,- of its obligations under this Agfeementwithout the priof{-rittenconsentoftheCity.whichshalln+otbeunreasonablywimhld. 5.43. Seti erabilir;. The pfovisions of this Agreement are severable. and in the event that any. provisionc.fthi Age-ementisfoundinvslid. the rs=iugprovisions shall remaininfullforeeand effect. 5.44. Notices.-Unotices. ci;itificates or other communications required to be .Eriven to Citi, and Association hereunder shallbe sufficientlygiv en and shall be deemed ei- ;;:hen delivered of when deposited in the United States mail. first class: mpith postage fully, prepaid and addressed as follows: xRO-=14124,v2' 4 Eau --0-145 Page 6 5.04, 1ki . All notim, oertificates or o(ber communications required to be given to City and Association bcrmnder shall be sufficiently given and &hall be deemed given when delivered or whm dtTosited in tho Vuitod States mail, first class, with pwtags fully prepaid and addre5sed w follows: To City: City of Plymouth 344N Plymouth Boulevard Plymouth, IAN 55447 Attic Lity Rn&eer To Association: SilveMhorne Homeowners' Association P.O. Box 46-123 Plymouth, MN 55446. The City and the Association, by notice given beretinder, may designate different addresses to which subsequent notice, certificate or odier communications should be seat 5.05. No TI-drd Party Beneficiary. This Agreement and any financial guarantees required pursuant to its tcnTks are nDt intended. for the benefit of any third party, 5.06- Applicablu Law- Tlis AgnmmoriL "I be governed by and construed in acuirdancr, with the laws of the State of Minnesota. IN WnNESS OF THE ABOVE, the paities have mised this Agreement to be. executed on the date and year written above. CITY OF PLYMOUTH BY - Its Mayor Its City mana-wr ASSOCIATION If k DyV KRC-2MNO M70-54 Page 7 EXMTTT LiSL of IMproV nto) Improvem # Length Escrow IQU Street 1,900 20-00 [}0 Watermain 1,870 5.00 Sanitary Sewer 820 0.00 Storm Sewer 420 i5-00, 00.00 KRC'-214124v2 Flet t.,0 :i -if, Check Here if Requested Page 8 CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION APPROVING AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN SILVERTHORNE HOMEOWNER'S ASSOCIATION AND CITY OF PLYMOUTH WHEREAS, the City has a policy for accepting private streets and utilities into the City's utility system; and WHEREAS, the City has been requested to assume maintenance responsibility for utilities in a private development. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: approving Agreement Regarding Transfer of Certain Improvements between Silverthorne Homeowner's Association and City of Plymouth. Approved this 10th day of April 2012. Page 9 rp)City of Plymouth Adding Qgdity to Life REGULAR COUNCIL MEETING April 10, 2012 Agenda 6.08Number: To: Laurie Ahrens, City Manager Prepared by: Daniel Campbell, Senior Engineering Technician Reviewed by: Doran Cote, Director of Public Works Award Contract for 2012 Street Crack Repair Program Item: City Project No. 12011 1. ACTION REQUESTED: Adopt the attached resolution awarding a contract for the 2012 Crack Repair Program. 2. BACKGROUND: Plymouth's Crack Repair Program is done annually as part of our Street Maintenance program. Bituminous streets are subject to freeze/thaw cycles several times each year which cause street pavement to crack. Once cracks are developed, water from snow melt and rainfall will penetrate into the sub -grade causing further damage if not corrected. Bids were received for the 2012 Crack Repair Program on Tuesday, March 27, 2012. Five bids were received with the lowest bid received being from Precision Seal coating Inc. in the amount of $392,586. This contractor did the crack repair in the City from 2003 to 2008 and in 2010 and 2011. A responsible bidder evaluation has been submitted by the contractor and staff finds them to be a responsible bidder. Work must be completed by June 8, 2012. 3. BUDGET IMPACT: The 2012 Street Maintenance budget includes $200,000 for Seal Coating (100-70- 710-7100.109) and $200,000 for Crack Sealing (100-70-710-7100-7500.134) for a total of $400,000, which is adequate to cover the costs of the crack sealing based on the low bid. There will be no seal coating again in 2012 as the program is being evaluated. 4. ATTACHMENTS: Map Resolution Page 1 2012 Crack Repair Program City Project No. 12011 3 fJ z i z z 1 7EFE VIA), 1141 IK 4 City of Plymouth, Minnesota Dashed Green Lines Indicate Private Streets Roadsto be iel),ired algln* er Ing Le partm * nt February 20 12 S I zo D Page 2 CITY OF PLYMOUTH RESOLUTION N0. 2012 - RESOLUTION AWARDING CONTRACT FOR 2012 STREET CRACK REPAIR PROGRAM CITY PROJECT N0. 12011 WHEREAS, pursuant to an advertisement for bids for the construction of the 2012 Street Crack Repair Program, City Project No. 12011, and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID 1. Precision Seal coating, Inc $ 392,586 2. ASTECH Corp. 406,746 3. Scodeller Const., Inc. 566,400 4. American Pavement Solutions 566,400 5. Fahrner Asphalt Sealers, LLC 764,640 WHEREAS, it appears that Precision Seal coating, Inc. of Princeton, WI is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with Precision Seal coating, Inc. in the name of the City of Plymouth for the 2012 Street Crack Repair Program, City Project No. 12011, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk in the amount of $392,586. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Funding for this project shall be from the Street Maintenance Budget (100-70-710-7100- 7500.134) and (100-70-710-7100.109). Approved this 10th day of April 2012. Page 3 aty or Agenda 6 . 0 9PlymouthNumber: Iridin, Qphty da Life REGULAR COUNCIL MEETING April 10, 2012 To: Laurie Ahrens, City Manager Prepared by: Mike Goldstein, Police Chief Item: Approve the Police Department's participation in the Minnesota Driving Diversion Program 1. ACTION REQUESTED: Adopt the attached resolution that would allow the Police Department to participate in the Minnesota Driving Diversion Program. 2. BACKGROUND: On an annual basis the Police Department issues approximately 1,000 citations to motorists who are driving a motor vehicle without a valid driver's license. Many of the individuals who are cited have multiple violations on their driving record for the same offense. As such, Diversion Solutions, LLC, a Minnesota-based company, has completed a study on this statewide issue and has offered their findings and a solution to the State of Minnesota. According to Diversion Solutions, approximately 10% of all motorists are driving vehicles on Minnesota roadways without a valid driver's license. Through their work with these violators, Diversion Solutions have found that many of these motorists cannot afford to pay the fines associated with their actions, especially if they cannot travel to and from their place of employment due to their driver's license status. Therefore, these repeat offenders, who are caught in this vicious circle, take the risk of driving without a valid license so that they can earn a living to pay off their fines and other obligations. With this existing problem, Diversion Solutions worked with the State of Minnesota to create a pilot project where those who are stopped for driving without a valid driver's license can agree to participate in a highly structured diversion program; whereby, participants must attend classes and agree to a reasonable payment plan to pay off both current and past due fines. In return for their participation, the State will allow the participants a valid license which will give them the opportunity to lawfully drive to their workplace. This program is only offered to those who are driving on a Driving after Revocation (DAR) or Driving after Suspension (DAS) license. Those who lose their license for criminal- and alcohol-related offenses are not eligible for this program. The pilot project that was approved by the Minnesota Legislature and the Department of Public Safety's Division of Motor Vehicle Services has been successful, and due to this success, the program has been extended to other cities. The initial findings showed a reduction in recidivism rates and a significant increase in the collection of current and past due fines. Page 1 In order to determine if the City would qualify for this program, a letter was sent to the Commissioner of Public Safety requesting the City's participation in this program pending the Council's approval. In mid-March, the City was notified that the Commission has approved the City's application; therefore, this matter is being brought before the Council for its review. Our City Prosecutor, Mr. Elliott Knetsch, is familiar with this diversion program as some of his other client cities are already participants. Also, the City currently contracts with Diversion Solutions, LLC for other services; specifically, the Check Diversion Program, which was approved by the Council several years ago. The Check Diversion Program has been successful for both our residents and local businesses. 3. BUDGET IMPACT: There are no costs to participate in the program and there is no staff time required. The revenue line item under Fine and Forfeitures is anticipated to increase as all monies owed to the City for these violations (current and past) will be paid. 4. ATTACHMENTS: Driving Diversion Program Contract Resolution Page 2 DRIVING DIVERSION PROGRAM SERVICES AGREEMENT FOR THE CITY OF PLYMOUTH 1. Contractual Azreem en t - This Agreement is made and entered into this 10th day of April, 2012, by and between the City of Plymouth, a Minnesota municipal corporation City") and Diversion Solutions, LLC, of 415 Main Street, Red Wing, Minnesota 55066 Diversion Solutions"). 2. Purpose — The purpose of this Agreement shall be to implement a Driving Diversion Pilot Program for the City as described on Exhibit A attached hereto (the "Program"). 3. Contract Terms - This Agreement shall be in force until June 30, 2013. Termination provisions of this Agreement are provided in Section 10. 4. Definitions.- A. efinitions: A. Participant — the individual who has enrolled in the Driving Diversion Program voluntarily as part of the City's diversion program or has otherwise been ordered by the Court to complete the program. B. Restitution Recovery — Fines, reinstatement fees, and diversion fees payable by a Participant. C. Education Class Fees — The fee associated solely with the training classes the Participant attends as part of their diversion agreement. 5. City Participation — The following is needed for the implementation of the Program: A. Designated staff from the City Attorney's Office and Police Department (hereinafter collectively referred to as "Designees") may assist Diversion Solutions in organizing and implementing the restitution program with court and law enforcement personnel. Designees may also provide guidance in publicizing the program to the community. B. Designees may conduct, as needed, meetings with key Diversion Solutions staff to offer procedural guidance, evaluate program performance, and provide support and direction. C. The City Attorney's Office and the Police Department may implement procedures that are consistent with the fulfillment of the terms of this Agreement. 1 Page 3 6. Diversion Solutions Duties - Diversion Solutions will provide the following services to the City in a timely and efficient manner: A. Operation and management of a driver's license diversion program for Participants who would otherwise be involved in the City legal system. B. Perform daily operations and management of all clerical and accounting functions related to individual Participant files. C. Manage the collection and disbursement of Restitution Recovery Fees, Diversion Solutions Education Class Fees, and other fees as appropriate. D. Provide necessary responses, correspondence, and follow-up of telephone inquiries to address issues or questions of Participants. E. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. as required by law or requested by the City. F. Conduct classes designed to teach and provide meaningful information and lessons to Participants on licensure, criminal consequences, and other appropriate topics. G. Schedule and conduct all classes necessary for the program, which shall include but not be limited to development of curriculum, provision of appropriate materials, and provision of appropriate space/locations for the classes. H. Maintain and provide records to the City of eligible Participants, including payment of fees, records of attendance and successful completion or failure to attend the training session. 7. Program Operational Fees/Revenue: Participant Fees A. The fee for participation in the program will be payment of the Education Class Fee of $350.00, which is directly payable to Diversion Solutions by the Participant. B. Fee Division: For each Participant enrolled in the program, $100.00 of the Education Class Fee will be paid to City and $250.00 will be retained by Diversion Solutions. C. An additional fee of $20.00 will be assessed to a Participant who fails to appear at a designated education class and has to re -schedule. This fee will be assessed each time the Participant has to re -schedule. Rescheduling may occur up to three 3) times before referring the Participant to the City Attorney as failing to appear. All rescheduling fees shall be maintained by Diversion Solutions in full. 2 Page 4 8. Non -Compete — During the term of this agreement, the City shall not establish a competing program or any other similar program that addresses driver's license diversions. 9. City has no Financial Liability - It is understood and agreed by and between the parties that Diversion Solutions will bear all financial liability for all aspects of its operations under this Agreement. 10. Term in ation of this Agreem en t: A. This Agreement may be terminated at any time, without cause, by either party upon 30 days written notice to the authorized agent of the City or Diversion Solutions. B. This Agreement may be immediately terminated by the City at any time if the City determines that Diversion Solutions is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law. 11. Amendments or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 12. No City Obligation - Diversion Solutions and Participants who participate in this program fully understand that the Program is a public service, and the City is held harmless and has no liability to make recovery or obligation to take criminal action against Participant(s). 13. Criminal Action — Full cancellation of the criminal charge which supported participation in the diversion program is not guaranteed until successful completion of the entire program. Diversion Solutions acknowledges, and will advise all Participants that, the City Attorney's Office may reinstate the criminal charge which brought the Participant(s) to the program if the Participant fails to participate or complete the program. 14. Hold Harmless and Indemnification — Diversion Solutions shall save and protect, hold harmless, indemnify and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from, or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of Diversion Solutions and its employees and agents, in the performance of this Agreement. 15. In depen den t Con tractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. Diversion Solutions shall at all times remain an independent contractor with respect to the services to be provided under this agreement. 3 Page 5 B. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance, and workers' compensation insurance for any and all of Diversion Solutions employees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly Diversion Solutions' responsibility. 16. Subcontractor - Diversion Solutions shall not subcontract any portion of the work to be performed under this Agreement without prior written approval of City. Diversion Solutions reserves the right to assign this agreement with written City approval. 17. Data Practice - Diversion Solutions agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentially. Diversion Solutions will immediately report to the City's responsible authority any request from a third party for information relating to this agreement. The City agrees to promptly respond to inquiries from Diversion Solutions concerning data request. Diversion Solutions agrees to hold the City, its officers and employees harmless from any claims resulting from its unlawful disclosure or use of data protected under state and federal laws. 18. Compliance with the Law - Diversion Solutions agrees to abide by the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment. The City agrees to promptly supply all necessary clarifications. Diversion Solutions' failure to fully comply with any of the above is cause for the City to immediately terminate this Agreement. 19. Entire Aareem en t - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding. All provisions contained within this Agreement shall be valid and binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 20. Audits and Inspections - The City Attorney's office or designated representative or other governmental agency exercising regulatory function over the City's business activities, while exercising reasonable, non -disruptive procedures, may inspect Diversion Solutions records at any time. 21. Notice — Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: 4 Page 6 City of Plymouth Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Attn: City Clerk With a copy to: Plymouth City Attorney's Office 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Attn: City Attorney Diversion Solutions, LLC 415 Main Street Red Wing, MN 55066 Attn: Scott Adkisson 22. Insurance - Diversion Solutions and or its subcontractors agree to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provisions that follow: A. Workers' Compensation: Workers' Compensation insurance in compliance with all applicable statutes. B. Auto Insurance: Owned and unowned C. General Liability: Commercial General Liability Insurance" (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an "occurrence," rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury,contractual liability (applying to this contract), Independent Contractors, and Products -Completed Operations Liability. Coverage for explosions, collapse and underground hazards shall not be included. Such a policy shall name the City as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply in excess of Diversion Solutions insurance and not contributed therewith. Diversion Solutions agrees to maintain Products -Complete Operations coverage on a continuing basis for a period of at least two years after date of completion. Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal Injury and Advertising Injury. Such minimum limits may be satisfied by the limit afforded under Firm's Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by an 5 Page 7 Umbrella or Excess Liability Policy (or policies), provided that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional insured thereunder. Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limit stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which drops down" to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or "retention" amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. D. Professional Liability: Professional or "Error & Omissions" Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or "Wrongful Act" or equivalent) and if applicable, Aggregate, covering Diversion Solutions Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. Diversion Solutions Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis. It is, however, acknowledged and agreed by Diversion Solutions, that under claims -made coverage, changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. Diversion Solutions therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result; and further, that it will exercise its right under any Extended Reporting Period ("tail coverage") or similar claims -made policy option if necessary or appropriate to avoiding impairment of such protection. Diversion Solutions further agrees that it will, throughout the entire period of 2 years, keep required coverage and for an additional period of two (2) years following completion of this agreement, immediately: (a) advise the City of any intended or pending change in Professional Liability insurance or in policy forms, and provide the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of the City. 6 Page 8 IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first written above DIVERSION SOLUTIONS, LLC CITY OF PLYMOUTH BY: BY: Scott Adkisson, President Kelli Slavik — Mayor Laurie Ahrens — City Manager Page 9 EXHIBIT A H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-2012) [110387-1] 1.1 A bill for an act 1.2 relating to drivers' licenses; allowing counties to participate in driver's license 1.3 reinstatement diversion pilot program; extending diversion pilot program; 1.4 amending Laws 2009, chapter 59, article 3, section 4, as amended. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010, 1.7 chapter 197, section 1, is amended to read: 1.8 Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM. 1.9 Subdivision 1. Establishment. An eligible city or City may establish a license 1.10 reinstatement diversion pilot program for holders of class D drivers' licenses who have 1.11 been charged with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but 1.12 have not yet entered a plea in the proceedings. An individual charged with driving 1.13 after revocation under Minnesota Statutes, section 171.24, subdivision 2, is eligible for 1.14 diversion only if the revocation was due to a violation of Minnesota Statutes, section 1.15 169.791; 169.797; 169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). 1.16 An individual who is a holder of a commercial driver's license or who has committed an 1.17 offense in a commercial motor vehicle is ineligible for participation in the diversion 1.18 pilot program. 1.19 Subd. 2. Eligible cities and counties. Each of the cities of Duluth, St. Paul, South 1.20 St. Paul, West St. Paul, and Inver Grove Heights is eligible to establish the license 1.21 reinstatement diversion pilot program within its city. The commissioner of public safety 1.22 may permit other cities and counties to establish license reinstatement diversion pilot 1.23 programs within their cities respective jurisdictions. Section 1. 1 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-2012) [110387-1] 2.1 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an 2.2 eligible city or City may contract with a third party to create and administer the 2.3 diversion program. 2.4 Subd. 4. Diversion of individual. A prosecutor for a participating city or City 2.5 may determine whether to accept an individual for diversion, and in doing so shall 2.6 consider: 2.7 (1) whether the individual has a record of driving without a valid license or other 2.8 criminal record, or has previously participated in a diversion program; 2.9 (2) the strength of the evidence against the individual, along with any mitigating 2.10 factors; and 2.11 (3) the apparent ability and willingness of the individual to participate in the 2.12 diversion program and comply with its requirements. 2.13 Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary, 2.14 the commissioner of public safety may issue a diversion driver's license to a person who 2.15 is a participant in a pilot program for diversion, following receipt of an application and 2.16 payment of - 2.172.17 (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by Page 10 2.18 a participant whose driver's license has been suspended; 2.19 (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 2.20 paragraph (a), by a participant whose driver's license has been revoked under Minnesota 2.21 Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or 2.22 (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, 2.23 paragraph (a), by a participant whose driver's license has been revoked under Minnesota 2.24 Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which 2.25 are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also 2.26 must be paid during the course of, and as a condition of, the diversion program. 2.27 The diversion driver's license may bear restrictions imposed by the commissioner suitable 2.28 to the licensee's driving ability or other restrictions applicable to the licensee as the 2.29 commissioner may determine to be appropriate to assure the safe operation of a motor 2.30 vehicle by the licensee. 2.31 (b) Payments by participants in the diversion program of the reinstatement fee and 2.32 surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be 2.33 applied first toward payment of the reinstatement fee, and after the reinstatement fee has 2.34 been fully paid, toward payment of the surcharge. Each payment that is applied toward 2.35 the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29, 2.36 subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must Section 1. 2 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-2012) [H0387-1] 3.1 be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs 3.2 (c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must 3.3 pay the program participation fee. 3.4 Subd. 6. Components of program. (a) At a minimum, the diversion program 3.5 must require individuals to: 3.6 (1) successfully attend and complete, at the individual's expense, educational classes 3.7 that provide, among other things, information on drivers' licensure; 3.8 (2) pay, according to a schedule approved by the prosecutor, all those required fees, 3.9 fines, and charges that affect the individual's driver's license status, including applicable 3.10 statutory license reinstatement fees and costs of participation in the program; 3.11 (3) comply with all traffic laws; and 3.12 (4) demonstrate compliance with vehicle insurance requirements. 3.13 (b) An individual who is accepted into the pilot program is eligible to apply for a 3.14 diversion driver's license. 3.15 Subd. 7. Termination of participation in diversion program. (a) An individual's 3.16 participation in the diversion program may terminate when: 3.17 (1) during participation in the program, the individual is guilty of a moving traffic 3.18 violation or failure to provide vehicle insurance; 3.19 (2) the third -party administrator of the diversion program informs the court and the 3.20 commissioner of public safety that the individual is no longer satisfying the conditions 3.21 of the diversion; or 3.22 (3) the third -party administrator informs the court, the prosecutor, and the 3.23 commissioner of public safety that the individual has met all conditions of the diversion 3.24 program, including, at a minimum, satisfactory fulfillment of the components in 3.25 subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline 9 Page 11 3.26 to prosecute. 3.27 (b) Upon termination of an individual's participation in the diversion program, the 3.28 commissioner shall cancel the individual's diversion driver's license. 3.29 (c) The original charge against the individual of violation of Minnesota Statutes, 3.30 section 171.24, may be reinstated against an individual whose participation in the 3.31 diversion program terminates under paragraph (a), clause (1) or (2). 3.32 (d) The commissioner shall reinstate the driver's license of an individual whose 3.33 participation in the diversion program terminates under paragraph (a), clause (3). 3.34 Subd. 8. Report. (a) By February 1, 2011 2013, the commissioner of public 3.35 safety and each eligible city and City that participates in the diversion program shall 3.36 report to the legislative committees with jurisdiction over transportation and the judiciary Section 1. 3 H.F. No. 387, 1st Engrossment - 87th Legislative Session (2011-2012) [110387-1] 4.1 concerning the results of the program. The report must be made electronically and 4.2 available in print only upon request. The report must include, without limitation, the 4.3 effect of the program on: 4.4 (1) recidivism rates for participants in the diversion pilot program; 4.5 (2) the number of unlicensed drivers who continue to drive in violation of Minnesota 4.6 Statutes, section 171.24; 4.7 (3) (2) payment of the fees and fines collected in the diversion pilot program to 4.8 cities, counties, and the state; 4.9 (4) (3) educational support provided to participants in the diversion pilot program; 4.10 and 4.11 (5) (4) the total number of participants in the diversion pilot program and the 4.12 number of participants who have terminated from the pilot program under subdivision 7, 4.13 paragraph (a), clauses (1) to (3). 4.14 (b) The report must include recommendations regarding the future of the program 4.15 and any necessary legislative changes. 4.16 Subd. 9. Sunset. A city or City participating in this pilot program may accept an 4.17 individual for diversion into the pilot program until June 30, 2011 2013. The third party 4.18 administering the diversion program may collect and disburse fees collected pursuant to 4.19 subdivision 6, paragraph (a), clause (2), through December 31, 2012 2014, at which time 4.20 the pilot program under this section expires. 4.21 EFFECTIVE DATE. This section is effective the day following final enactment. 10 Page 12 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION APPROVING THE PLYMOUTH POLICE DEPARTMENT TO PARTICIPATE IN THE MINNESOTA DRIVING DIVERSION PROGRAM WHEREAS, The Police Department is seeking permission to participate in the state approved Driving Diversion Program designed for those who drive on suspended or revoked driver's licenses who have difficulty paying off their fines, creating a vicious circle, and WHEREAS, The Minnesota Driving Diversion Program allows violators to drive lawfully while agreeing to attend classes and are set up on a payment plan, whereby the City will receive the monies owed; and WHEREAS, City Prosecutor Elliott Knetsch is familiar with this diversion program as some of his other client cities already participate in the program. City Prosecutor Knetsch has reviewed the attached contract, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the police department is given approval to participate in the Minnesota Driving Diversion Program. Approved this 10th day of April 2012. Page 13 rp)City of Agenda 6 . 1 0PlymouthNumber: Adding QoaWy to Life REGULAR COUNCIL MEETING April 10, 2012 To: Laurie Ahrens, City Manager Prepared by: Joshua Doty, Senior Planner Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, Community Development Director Approve extension of site plan amendment and Item: variance for an expansion at RBC Tile and Stone 2008012) 1. ACTION REQUESTED: Move to adopt the attached resolution approving an extension of the site plan amendment and variance for an expansion at RBC Tile and Stone located at 1820 Berkshire Lane North. Approval of an extension of a site plan amendment and variance requires a 4/7 vote of the City Council. 2. BACKGROUND: The applicant is requesting a one-year extension of the approvals granted for RBC Tile and Stone to allow construction of an 18,945 -square foot building addition and parking addition. The applicant has not commenced construction of the project due to the present business climate. The zoning ordinance specifies that development approvals are valid for one year from the date of approval, unless construction has commenced or unless the approvals are extended by the city. The first extension may be administratively approved for a one-year term. Any subsequent extensions, however, must be approved by the City Council. A one-year extension was approved administratively (see attached approval letter). A second one-year extension was approved by the City Council on May 11, 2010 (see attached resolution). A third one-year extension was approved by the City Council on April 12, 2011 (see attached resolution). The zoning ordinance sets an expiration period on development approvals to ensure that development complies with the most recent code amendments. There have been no code amendments affecting this project since the time that the approvals were granted. 3. BUDGET IMPACT: Not applicable. Page 1 4. ATTACHMENTS: Letter from Applicant Requesting Extension April 15, 2009 Letter Administratively Approving One -Year Extension May 11, 2010 Resolution Approving One -Year Extension April 12, 2011 Resolution Approving One -Year Extension Location Map Resolution Extending Development Approvals Page 2 1959 - 2009 RBC ;. n4no y TILE & STONE 50 YEARS OF INNOVATION u FES ?— Lb Circ OF PLYMOUTH February 20, 2012 Brian S. Mark President Mr. Joshua Doty City of Plymouth 3400 Plymouth Blvd - Plymouth, MN .55447 RE: File #2008012 Dear Joshua: I am aware that our 2011 amendments are expiring on April 22, 2012 and would like to extend them for one year. The addition to our building at 1:820'Berkshire Lane N., Plymouth, MN has-been postponed due to the current business climate. Pleasesubmit our one year extension and send me a confirmation of the change. If you have any questions please call me. Sincerely, r I . RBC Tile &.tone 1 1820 Berkshire LaneNorth Minneapolis, MN 55441 Tel - 763.559.5531 Fax -763.559.5520 www.rbctite.com Page 3 Minneapolis St. Paul PRIWw ukee DeS Moines 4 Omaha 'Kansas City St. Louis City P r"' i, if Adding Quality to Life April 15, 2009 Mr. Brian Mark Rollin B. Child, Inc. 1820 Berkshire Ln. N. Plymouth, MN 55441 SUBJECT: Extension of approval for a site plan amendment and variance to allow an expansion at RBC Tile & Stone for property located at 1820 Berkshire Lane North (2008012) Dear Mr. Mark: Pursuant to your letter, and pursuant to the provisions in the Plymouth Zoning Ordinance, Sections 21045.09, and 21030.06, 1 hereby grant a one-year extension to the site plan amendment and variance, which were approved by the City Council on April 22, 2008 copy enclosed). The expiration date for the approval is now April. 22, 2010. The extension is based on the circumstances detailed in your letter, which was received on March 24, 2009. All conditions found in the attached resolution shall remain in effect. If you have further questions on this matter, please call Kip Berglund, the principal reviewer, at (763) 509-5451. Sincerely, Barbara G. Senness, AICP Planning Manager Copy: File 2008012 3400 Plymouth Blvd a Plymouth, Minnesota 55447-1462 - Tet: 763509-5700 s 1N1m .ci.ptymouth.rnn_us Page 4 CITY OF PLYMOUTH RESOLUTION 2010-123 APPROVING A ONE-YEAR EXTENSION OF THE DEVELOPMENT APPROVALS FOR RBC TILE AND STONE LOCATED AT 1 820 BERKSHIRE LANE NORTH (2008012) WHEREAS, RBC Tile and Stone has requested a one-year extension of the development approvals (site plan amendment and variance) granted for property legally described as follows: That part of the South 281.50 feet of Lot 2, Block 4, Minneapolis Industrial Park 2nd Addition, lying West of a line drawn perpendicular to the South line of said Lot 2, and from a point therein distant 7.50 feet West of the Southeast corner of said Lot 2, Hennepin County, Minnesota. 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 by RBC Tile and Stone for a one-year extension of the development approvals granted for property located at 1820 Berkshire Lane North, subject to the following conditions; The extension is subject to the conditions listed in Resolution 2008-132 approved on April 22, 2008, as previously extended administratively to April 22, 2010, 2. The development approvals shall now expire on April 22, 2011. ADOPTED by the City Council on May 11, 2010. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on May 11, 2010 with the original thereof on file in my office, and the same is a correct transcription thereof. WITH my hand offici 1 y as such City Clerk and the Corporate seal of the City this 11 day ofW , ; ,U L C ty Clea, Page 5 CITY OF PLYMOUTH RESOLUTION 2011-112 APPROVE A ONE-YEAR EXTENSION OF THE DEVELOPMENT APPROVALS FOR RBC TILE AND STONE LOCATED AT 1820 BERKSHIRE LANE NORTH (2008012) WHEREAS, RBC Tile and Stone has requested a one-year extension of the development approvals (site plan amendment and variance) granted for property legally described as follows: That part of the South 281.50 feet of Lot 2, Block 4, Minneapolis Industrial Park 2nd Addition, lying West of a line drawn perpendicular to the South line of said Lot 2, and from a point therein distant 7.50 feet West of the Southeast corner of said Lot 2, Hennepin County, Minnesota. 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 by RBC Tile and Stone for a one-year extension of the development approvals granted for property located at 1820 Berkshire Lane North, subject to the following conditions: 1. The extension is subject to the conditions listed in Resolution 2008-132 approved on April 22, 2008, as previously extended administratively to April 22, 2010, and as previously extended under Resolution 2010-123 to April 22, 2011. 2. The development approvals shall now expire on April 22, 2012. ADOPTED by the City Council on April 12, 2011. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 12, 2011 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand offTally s such City Clerk and the Corporate seal of the City this day of J City clerk Page 6 Iq C d LL I CO X LU INDUSTRIAL PARK BLVD Location Map- 2008012 RBC Tile & Stone Expansion 1820 Berkshire Lane North Extension of Bevloprnent Approval r City of Plymouth, Minnesota R CIR Legend M C. Comercial TMCC, City Center M CO, Commercial Office IP, Planned Industrial LA -Z, Living Area 1 0 LA -2, Living Area 2 LA -3, Living Area 3 KMLA-4, Living Area 4 LAR, Living Area Rural P -I, Public/Semi-Public/Institutional 400 200 0 400 800 1,200 009 Feet CITY OF PLYMOUTH RESOLUTION 2012 - APPROVING A ONE—YEAR EXTENSION OF THE DEVELOPMENT APPROVALS FOR RBC TILE AND STONE LOCATED AT 1820 BERKSHIRE LANE NORTH (2008012) WHEREAS, RBC Tile and Stone has requested a one-year extension of the development approvals (site plan amendment and variance) granted for property legally described as follows: That part of the South 281.50 feet of Lot 2, Block 4, Minneapolis Industrial Park 2nd Addition, lying West of a line drawn perpendicular to the South line of said Lot 2, and from a point therein distant 7.50 feet West of the Southeast corner of said Lot 2, Hennepin County, Minnesota. 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 by RBC Tile and Stone for a one-year extension of the development approvals granted for property located at 1820 Berkshire Lane North, subject to the following conditions: 1. The extension is subject to the conditions listed in Resolution 2008-132 approved on April 22, 2008, as previously extended administratively to April 22, 2010, as previously extended under Resolution 2010-123 to April 22, 2011, and as previously extended under Resolution 2011-112 to April 22, 2012. 2. The development approvals shall now expire on April 22, 2013. Approved this l Och day of April 2012. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on April 10, 2012 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 8 rp)City of Agenda 6.1 1PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Jeff Swiatkiewicz, Captain April 10, 2012 Reviewed by: Michael S. Goldstein, Police Chief Item: Authorize expenditure from DWI Resource Planning Fund 1. ACTION REQUESTED: Adopt the attached resolution authorizing expenditure from the DWI Resource Planning Fund for the purchase a dedicated computer for DWI eCharging. 2. BACKGROUND: The State of Minnesota is requiring that DWI's be processed through an eCharging system. The system works most efficiently with a dedicated computer that officers can work within the online system as they process the DWI. The State of Minnesota claims that with the implementation of this system that the processing time for a DWI will be reduced from 75 minutes to 15 minutes. In consulting with our IT staff, it was determined that a laptop be implemented, allowing us the flexibility to use it in either of the interview rooms located in our detention area. IT has recommended the purchase of a Panasonic Toughbook because of their durability, reliability and familiarity with how to support the product. 3. BUDGET IMPACT: The cost of the Panasonic Toughbook Laptop is $1455.56 and the cost of the necessary software Microsoft Office) is $255.71. The total purchase is $1711.27. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2012 - RESOLUTION AUTHORIZING EXPENDITURE FROM THE DWI RESOURCE PLANNING FUND FOR TECHNOLOGY UPGRADE WHEREAS, the Police Department is in need of a dedicated computer for eCharging; and WHEREAS, the technology upgrade is required by the State of Minnesota; and WHEREAS, the City has dedicated funds available in the DWI Resource Planning Fund, reserved for this type of purchase. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the police department be authorized to utilize money from the DEA fund to purchase a new Windows server and Netmotion server license. Approved this 10th day of April 2012. Page 2 rp)City of Agenda 6.12PlymouthNumber: Addin3 Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk April 10, 2012 Reviewed by: Item: Approve Temporary Liquor License for the Whole Learning School on April 28 1. ACTION REQUESTED: Adopt attached Resolution Approving Temporary Liquor License for the Whole Learning School, 12325 Highway 55, for a fundraising event to be held on April 28. 2. BACKGROUND: The City has received an application for a Temporary Liquor License from the Whole Learning School for a school fundraiser on April 28. The event will be held from 6:00 p.m. to 8:30 p.m. The required certificate of liquor liability insurance has been provided. 3. BUDGET IMPACT: The Temporary Liquor License is issued by Minnesota Liquor Control, but the Council is required to approve the application by resolution. No fee is received by the City. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION APPROVING TEMPORARY LIQUOR LICENSE FOR THE WHOLE LEARNING CENTER WHEREAS, the Whole Learning Center, 12325 Highway 55, has applied for a Temporary Liquor License for an annual event to be held on April 28 at their facility; and WHEREAS, the required certificate of liquor liability insurance has been provided, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Temporary Liquor License application of the Whole Learning School is hereby approved for an event to be held on April 28 at the Whole Learning Center. Approved this 10th day of April 2012. Page 2 City of Agenda 6 . 1 3PlymouthNumber: Adding Qkelity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk April 10, 2012 Reviewed by: Item: Approve Consumption and Display License Renewals 1. ACTION REQUESTED: Adopt the attached two resolutions renewing Consumption and Display Licenses for the period through April 1, 2012 through March 31, 2013. 2. BACKGROUND: The City has received applications for renewal of Consumption and Display Liquor Licenses from West Medicine Lake Community Club, 1705 Forestview Lane, and VFW Hamel, 19020 Hamel Road. Both Licenses currently hold 3.2 On -Sale Malt Liquor Licenses as well as Consumption and Display Licenses. There were no records of any alcohol violations at either of these locations in 2011 according to the Police Department. 3. BUDGET IMPACT: The license fees have been paid. 4. ATTACHMENTS: Resolution for VFW Hamel Resolution for West Medicine Lake Community Club Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO APPROVE RENEWAL OF CONSUMPTION AND DISPLAY LICENSE FOR VFW HAMEL WHEREAS, the VFW Hamel, 19020 Hamel Road, has submitted an application for renewal of a consumption and display license; and WHEREAS, all fees have been paid. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that a consumption and display license is hereby approved for issuance for the period April 1, 2012 through March 31, 2013. Approved this 10th day of April, 2012. Page 2 CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION TO APPROVE RENEWAL OF CONSUMPTION AND DISPLAY LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB WHEREAS, the West Medicine Lake Community Club, 1705 Forestview Lane North, has submitted an application for renewal of a consumption and display license; and WHEREAS, all fees have been paid; and WHEREAS, due to the nature of the business, the location of the business, and verified complaints, the City Council desires to place conditions on the liquor licenses in order to protect the health, safety, welfare, and quietude of the neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA approves issuance of a consumption and display license for West Medicine Lake Community Club, 1705 Forestview Lane North, for the period April 1, 2011 through March 31, 2012, with the following conditions: 1. Hours. All events shall occur between 7:00 a.m. and 9:00 p.m. on Sunday through Thursday of each week. Hours for events shall be 7:00 a.m. to 12:30 a.m. on Fridays and Saturdays, with the bar closing no later than 12:00 a.m. (midnight) on Friday and Saturday evenings. All persons attending an event must be off the premises by the ending time and no setup or teardown shall occur outside the permitted hours. However, three persons are permitted to remain until 1:30 a.m. for the purposes of clean up and teardown activities, but noise associated with these activities shall not be audible outside the club building. Exception: On New Year's Eve, the bar would close at 12:00 a.m. (midnight), and all guests and those individuals performing clean up and teardown activities being off the premises at 1:30 a.m. 2. Amplification. There shall be no outdoor use of devices such as bullhorns. All outdoor noise shall be monitored by a decibel meter. There shall be no outdoor electronic amplification of any kind allowed at any event at the club; with the exception of one outdoor summer event similar in nature to the 1998 Blue Grass Festival.) 3. Professional Security. Professional Security satisfactory to the Plymouth Police Chief shall be required at all special rental events as defined in these conditions. 4. Special rental events. A special rental event shall consist of any event where alcohol is served outside the building or where the total number of guests is more than 300 people. Notice of special rental events must be provided to the City two weeks in advance of the event. 5. Calendar of Events. The Club shall monthly provide the immediate neighborhood and the City with an updated calendar of club events, showing the approximate numbers of guests expected and whether or not any portion of the events will be held outside. Page 3 6. Indoor Noise Levels. The Club shall cause indoor noise levels to be monitored with an appropriate gauge. The Club shall cause windows facing the nearest neighbors to be filled with insulating material to lessen the sound coming from inside the building. 7. Parking. No event shall be larger in size than can be accommodated by the existing off-street parking area maintained by the Club. 8. List of Officers and Employees. The Club shall provide the City with a list of officers and trustees each year and the names and phone numbers of any manager or employees of the Club. 9. Club Representative. At all rental events the Club shall ensure there is always one representative of the Club on the premises at all times. (In order to ensure coverage, this may require the assignment of two representatives.) Approved this 10th day of April, 2012. Page 4 rp) City of Agenda 7.01PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Joe Paumen, Reconstruction Program Manager April 10, 2012 Reviewed by: Doran Cote, P.E., Director of Public Works Public Improvement and Special Assessment Item: Hearing, Award Contract, and Authorize "No Parking" for the 2012 Street Reconstruction Project, Circle Park, City Project No. 12001 1. ACTION REQUESTED: Adopt the attached resolutions Ordering the Project, Adopting the Assessment Roll, Awarding the Contract, and Authorizing "No Parking" for the 2012 Street Reconstruction Project, Circle Park, City Project No. 12001. 2. BACKGROUND: The 2012 Street Reconstruction Project, Circle Park, City Project No. 12001, includes Shenandoah Lane N, south of County Road 6, 9th Avenue N, from Shenandoah Lane N to Kingsview Lane N, including Minnesota Lane N, Niagara Lane N from Gleason Lake Drive to 9th Avenue, Lanewood Lane N from Gleason Lake Drive to 9th Avenue, and Juneau Lane N from Gleason Lake Drive to 4th Avenue N. On January 24, 2012, the City Council approved the plans and specifications, ordered advertisement of bids, and set April 10, 2012, as the date for the Public Improvement and Assessment Hearings for the 2012 Street Reconstruction Project, City Project No. 12001. In accordance with state statute, notice of the proposed improvement hearing and assessment hearing has been sent to all affected property owners and has been posted in the official City Newspaper. Total reconstruction, which includes new concrete curb and gutter, is recommended for the streets in the Circle Park neighborhood. Total reconstruction includes a street section width that will vary from 20 feet to 28 feet (from back of curb to back of curb), placement of a 11/2 inch bituminous wearing course, 21/2 inch bituminous base course, 8 inches of aggregate base, and 12 inches of granular sub -base with drain tile installed in the sub -base. Minnesota Lane and 9th Avenue are dead end streets having no adequate means for traffic to turn around. Due to limited right-of-way and existing steep slopes, the construction of a standard 82' diameter cul-de-sac is not feasible in either of these locations. Based on existing conditions staff is proposing to install a 45' diameter cul-de-sac in each of these locations to provide some means for traffic to turn around. Due to the existing conditions on Minnesota Lane, north of 9th Avenue, it is recommended to install a 21' wide street. To ensure safety vehicles can safely enter and exit this street, No Parking" signs are required to be installed. Proposed improvements to the storm sewer system in the Circle Park neighborhood will include extensive runs of storm sewer piping and additional structures. Many of the streets in this area have nearly flat street grades with minimal storm sewer, resulting in poor drainage conditions. Sump style manholes and catch basins are proposed to be installed with the project in an effort to improve storm water quality prior to it entering wetlands, ponds, and lakes. Additionally, the existing corrugated metal pipe in the area is deteriorating and is proposed to be replaced with either reinforced concrete, or plastic piping. Drain tile would also be added in this area to provide for sub -grade drainage. The existing ditch sections on Niagara Lane are also proposed to be eliminated by adjusting street grades on that roadway. In 2001, four speed humps were installed on Niagara Lane, following the submission of a petition by residents on that roadway. As part of the design for this project, staff is proposing to reinstall the speed humps on that roadway. The City Council would need to direct staff to allow for the installation of speed humps on any other street in the proposed project area. The bids received for this project included bid alternates for speed humps to allow the City Council to include or remove them at the Public Improvement Hearing. Based on the lowest responsible bid, the cost to install one speed hump is $1,100. The following table shows traffic counts and speeds on Niagara Lane and also on Lanewood Lane before and after the installation of the speed humps. The traffic data collected in 2000 was prior to the installation of the speed humps and the remainder of the traffic data was collected following speed hump installation. Street 85t Percentile Speed (mph) Vehicles Per Day (VPD) 2000 Niagara Lane 38 1500 2000 Lanewood Lane 33 200 2001 Niagara, Lane 34.5 400 2008 Niagara Lane 25-26 550 2009 Lanewood Lane 25-26 285 The 85th percentile speeds of 25-26 mph on Lanewood Lane are below the posted speed limit of 30 mph. One reason for the slower speeds on Lanewood Lane is the existing traffic calming device of Circle Park, as drivers need to slow down as they approach and travel around the park. One concern raised by property owners is that the speed humps on Niagara Lane has resulted in more cut -through traffic on Lanewood Lane. Using the Institute of Traffic Engineering (ITE) trip generator, the 34 homes on Lanewood Lane would result in 340 VPD, while the actual is 285 VPD. The City's Maintenance Division has reviewed the water main in the proposed project area and has deemed it acceptable. The water valves in the project area however are at an Page 2 age where bolts begin to rust and fail, causing water main breaks, and are proposed to be replaced as part of this project. No repairs to the sanitary sewer system are anticipated as part of this project. Sanitary sewer manholes are however proposed to be sealed in an effort to reduce any storm water runoff seeping through the manhole rings. In addition to the sump manholes as mentioned above, there are two rain gardens proposed in the Circle Park neighborhood to improve water quality in the City. Similar to past Street Reconstruction Projects, the design will include curb cuts, located upstream of the catch basins, where the storm water will flow into the rain gardens and will infiltrate into the soil. Once the rain gardens are full, due to a major rain event, the overflow water will bypass the rain gardens altogether and flow directly into the catch basins. All private utility companies have been notified of this potential project and their facilities have been shown on the proposed construction plans, according to the location notes in the record drawings provided to the City by each company. Additionally, all homeowners having sprinkler systems, invisible dog fences, or any other private utility have been asked to contact City staff and these facilities have been noted on the proposed plans. The Circle Park Neighborhood is located in both the Bassett Creek and Minnehaha Creek Watershed Districts. Permits will be required for this project and all permits will be obtained prior to construction. In addition, because this project proposes to disturb more than one acre of land, a Minnesota Pollution Control Agency (MPCA) storm water construction permit will be required. On February 23rd, 2012, bids were publicly opened for this project. A total of 10 bids were received at the following prices: Contractor Total Schedule A + Schedule B+ Bid Alternate A New Look Contracting 2,227,896.58 GMH Asphalt Corp. 2,270,342.35 Northwest Asphalt 2,294,749.67 Eureka Construction Inc. 2,420,717.65 Park Construction Company 2,538,342.21 Palda & Sons, Inc. 2,652,940.60 Midwest Asphalt Corporation 2,763,081.45 Valley Paving, Inc. 2,894,360.06 Burschville Construction Inc. 2,940,069.55 Northdale Construction Company Inc. 3,015,313.36 Engineers Estimate 2,255,327.04 Schedule A is for the reconstruction of streets in the residential area and Schedule B is for the reconstruction of Shenandoah Lane, north of 9th Avenue. Bid Alt A is for reinstalling the speed humps on Niagara Lane and Bid Alt B is for installing speed humps on other streets in the project area. It is recommended that the City Council award Schedules A and B, and Bid Alternate A. Engineering staff has reviewed the information submitted by Page 3 New Look Contracting to comply with the bidder qualification criteria policy, and finds the information acceptable. This company has worked recently in the Plymouth as a subcontractor on the 8th Avenue Street Reconstruction Project and a general contractor on the Conor Meadows Erosion Repair Project. New Look Contracting has also completed similar jobs in Maple Grove, Coon Rapids, and Anoka County. Staff feels that New Look Contracting is capable of constructing the 2012 Street Reconstruction Project in accordance with the approved plans and specifications. As stated above, the City Council has set April 10, 2012 as the date for the Assessment Hearing for this project. The current assessment policy assesses 40% of the project cost for total street reconstruction. Based on the bid submitted by New Look Contracting, the proposed assessment is $6,347.08 per single family property, which is below the estimated amount of $6,500 to $8,000 that was sent to the homeowners on December 29, 2011. Circle Park is being assessed as three units for a total proposed assessment of $19,041.24. Parkers Lake Park and Hennepin County Corrections, the two properties adjacent to Shenandoah Lane each have a proposed assessment of $95,218.07. Each of the two properties on Shenandoah Lane are proposed to be assessed at 40% of the cost for that roadway, in accordance with City policy. The property owners have five different options to pay for their assessment. Option 1 is full payment by May 10, 2012 without any interest. Option 2 is full payoff between the dates of May 11, 2012 and November 15, 2012. For this option, interest will be calculated per day from the date of the resolution to the date when the payment is received. Option 3 is full payoff between the dates of November 16, 2012 and November 15, 2013. Interest on this option will be for the entire year regardless of when the balance is paid off. Option 4 is payment over the standard assessment term. Finally, Option 5 is a partial prepayment by May 10, 2012 and the remaining balance to follow the standard assessment term for Option 4. 3. BUDGET IMPACT: This proposed project is included in the 2012-2016 Capital Improvement Program at an estimated cost of $2,440,000. The total estimated project cost for reconstruction of the streets in Circle Park, based on the bid submitted by New Look Contracting, is 2,567,141.06 of which $971,126.98 would be assessed. The sanitary sewer improvements are estimated at $17,106.25 and would be funded from the Sewer Fund. The water main valve replacements are estimated at $90,591.25 and would be funded from the water fund, and rain garden installation is estimated at $31,625.00 and would be funded from the Water Resources Fund. The remaining amount of $1,456,691.58 would be funded from the Street Reconstruction Fund. 4. ATTACHMENTS: Location and Assessment Area Map Assessment Roll Resolutions Page 4 Page 6 Final Assessment Roll - 2012 Street Reconstruction Project PIN FIRST NAME SECOND NAME ADDRESS C,S,Z ASSESSMENT 33-118-22-12-0028 MARK E ROCHFORD DEBRA A ROCHFORD 945 MINNESOTA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0005 MARK R LUND JUSTINE LUND 950 MINNESOTA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0007 DONALD A HILL KAREN M HILL 14840 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0008 PHYLLIS M LUND 14910 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0009 FRANK A BOARDMAN KAREN A BOARDMAN 920 MINNESOTA LN N PLYMOUTH, MN 55441 6,347.08 33-118-22-13-0011 MICHAEL SHIELDS MELISSA SHIELDS 800 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0012 FRANK G NOREEN 730 LANEWOOD LA N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0013 KYLE WORLEY MARTHA WORLEY 720 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0014 BRIAN J WEEKLEY 630 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0015 CHARLES P JUNGMANN JESSICA L DUNNAGAN 905 FERNBROOK LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0016 HANS P FREES KEATON R FREES 6300 STAGHORN LA CHANHASSEN MN 55317 6,347.08 33-118-22-13-0017 RYAN G LOSTETTER ROBIN J LOSTETTER 820 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0018 AUDREY OTIS 815 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0019 YONGYONG ZHANG SHICHUN HAN 810 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0020 RYAN C FULTON SYLVIA H FULTON 2121ST ST N #302 MINNEAPOLIS MN 55401 6,347.08 33-118-22-13-0021 MASTERPIECE HOMES INC 127 COUNTY ROAD C E LITTLE CANADA MN 55117 6,347.08 33-118-22-13-0022 KIRK J KIRSCHT 725 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0023 CHRISTIE LYNN MCLEAN 710 NIAGARA LA N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0024 DAVID R SCHMIDTKE MARGET A SCHMIDTKE 715 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0025 HARRY D MENK MARY MELVIN 630 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0026 IVAN H PRIEM 625 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0027 RUSSELL A JONAS 615 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0028 TERRY STOEGER 620 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0029 DANIEL V ALSUP DARLENE ALSUP 610 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0030 BENJAMIN 0 AKHIGBE ANGELA B AKHIGBE 605 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0053 ROGER T MATTI HELEN B MATTI 925 MINNESOTA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-13-0055 MICHAEL A FARRELL SONJA M FARRELL 17615 24TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0056 ROSALIA C HUGHES 15020 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-13-0057 MARK PEPPER KIMBERLY PEPPER 10 HANCOCK CT WALPOLE MA 02081 6,347.08 33-118-22-13-0058 LOREN J SPOSITO DEBORAH B SPOSITO 14734 OAKWAYS COURT WAYZATA MN 55391 6,347.08 33-118-22-21-0016 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 95,218.07 33-118-22-22-0003 COUNTY OF HENNEPIN REAL ESTATE MANAGER 7014TH AVE S SUITE 400 MINNEAPOLIS MN 55415 95,218.07 33-118-22-24-0003 MICHAEL V DUSCHANE 15300 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0005 CHARLES B PRUITT HEIDI D PRUITT 15240 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0006 VINCENT L MARTINEZ 15230 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0008 JAN B HOPPER 15220 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0009 JAMES D STOLTMAN GERRY H STOLTMAN 15210 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0010 ERIC J JOHNSON 5857 THREE OAKS AVE MAPLE PLAIN, MN 55359 6,347.08 33-118-22-24-0011 ROBERT L FERN JR JULIE T FERN 15130 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0012 ROBERT L FERN JR JULIE T FERN 15130 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0013 CORRY R BEVIS NICHOLE M WEICKERT 15120 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0014 JAMES C MALLERY LUCILLE V MALLERY 15110 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0015 JAMES C MALLERY LUCILLE V MALLERY 15110 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0016 ARLETTA ADAMS 15215 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0018 JEFFREY A HUGHES 15235 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0019 MARK A KRUSE HEIDI E KRUSE 15245 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0020 PETER A FALESCHINI AMANDA FALESCHINI 15225 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0021 KEVIN I HOARD MELODEE L HOARD 15305 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0022 BRYAN K HANSON KAREN L HANSON 15315 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0024 PHILIP NORMANDIN 15325 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0026 TIMOTHY L MCMAHON DENICE R A MCMAHON 835 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0027 DENNIS J RUHA PATRICIA A RUHA 15115 9TH AVE N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0028 RICHARD C ANDERSON ELIZABETH A ANDERSON 15125 9TH AVE N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0029 LEANNE R SPRAGUE 7018 37TH ST SE ROCKFORD, MN 55373 6,347.08 33-118-22-24-0033 PETER Y LEPPA JANELLE Y LEPPA 815 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0035 DEREK BALTS 715 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0036 JAMES WYLY ERIN WYLY 705 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0037 WALLACE K BURG 635 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-24-0038 BRIAN L GRYCZAN JACQUELINE K GRYCZAN 625 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-24-0098 DENISE E LINDBLOM 955 SHENANDOAH LN N PLYMOUTH, MN 55447 6,347.08 Page 6 33-118-22-31-0003 SUZANNE WHITEFORD GARY R WHITEFORD 525 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-31-0004 CARL BRUMMER JEAN BRUMMER 515 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-31-0005 THOMAS P O'MALLEY NANCY A. O'MALLEY 455 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-31-0006 GMAC MORTGAGE LLC 1100 VIRGINIA DR PO BOX 8300 FORT WASHINGTON PA 6,347.08 19034 33-118-22-31-0007 RUBEN YOMTOUBIAN 20200 MARI LLA CT SARATOGA, CA 95070 6,347.08 33-118-22-31-0008 JONATHAN S & PAMELA J CHAD & DIANA YEAGER 415 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 MINER 33-118-22-31-0009 PATRICIA PAULY 405 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-31-0010 RONALD E BREIT BELINDA BREIT 345 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-31-0011 FRANCES KITOSKI 335 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-31-0012 ENARD R JOHNSON 325 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-31-0013 JEFFREY P SCHULTZ ERIN L SCHULTZ 315 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-31-0087 DAVID R KENT IV BROOKE L KENT 545 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-34-0002 JOHN G WILSON MARCIA L WILSON 225 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-34-0011 KRISTI K SWISHER CHAD A SWISHER 215 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-34-0012 MARY K SENNEKA 5066 TUXEDO BLVD MOUND, MN 55364 6,347.08 33-118-22-34-0013 WALTER M GIESMANN CAROL A GIESMANN 135 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-34-0014 TIMOTHY A MCCALL SUSAN A FINK 15120 GLEASON LAKE DR PLYMOUTH, MN 55447 6,347.08 33-118-22-41-0016 STEVEN G KALASH BARBIE JO, EDWIN & ELEANOR 306 JUNEAU LN N PLYMOUTH, MN 55447 6,347.08 KALASH 33-118-22-41-0017 DALE L OBERG ELIZABETH L OBERG 400 JUNEAU LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-41-0018 MARK W LUKSAN 320 JUNEAU LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0001 LAWRENCE J MEEHAN 550 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0002 VALERIE L REEK 530 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0003 KORTNEY R SYVERSON 520 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0004 JANICE M JORDAN 450 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0005 MICHAEL R REITZ 430 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0006 WARREN W DAY 410 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0007 DONALD M ELSTAD 340 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0008 PHILIP M RODBERG JANICE R RODBERG 310 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0009 LAURA L MOSSLER STEPHAN A SVENSSON 300 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0011 STEVEN G EITREIM HEIDI J EITREIM 321 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0012 CHRISTOPHER J KRUPP DENISE L LUTHER 405 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0013 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0014 JUDITH E PIROYAN 435 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0015 GARY T CRITELLI MARY CRITELLI 445 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0016 RONALD J WEBER 505 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0017 HARVEY DUSEK DIANE DUSEK 509 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0018 HARVEY DUSEK DIANE DUSEK 509 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0019 PAUL CAMMACK JENNIFER J CAMMACK 510 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0020 WILLIAM J SCHNEERMAN 310 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0022 KURT M KVISTBERG 316 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0023 JONATHAN B NOWLIN JENNIFER L NOWLIN 311 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0024 ERIC L PAULSEN 305 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0028 MICHAEL R PERRY LILLIAN B PERRY 502 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0037 THOMAS A MILLER JR AMY M MILLER 315 JUNEAU LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0038 THOMAS M HALL KRISTEN A WIRTANEN 311 JUNEAU LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0039 JAMES SETTLEMIRE DOROTHY SETTLEMIRE 305 JUNEAU LN N PLYMOUTH MN 55441 6,347.08 33-118-22-42-0045 EUGENE LESSER LEORA LESSER 506 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-42-0046 MOISES M GUALLPA LUCIA H SANGURIMA 504 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-42-0047 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 19,041.24 33-118-22-43-0025 CLIFFORD WALLACE MARLYS WALLACE 230 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-43-0026 STEVEN A ANDERSON 210 NIAGARA LN N PLYMOUTH MN 55447 6,347.08 33-118-22-43-0029 LEE BARRETT 14904 GLEASON LAKE DR PLYMOUTH MN 55447 6,347.08 33-118-22-43-0030 MARVIN NIELSEN DELORES NIELSEN 219 JUNEAU LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-43-0031 KENNETH WESTPHAL DELORES WESTPHAL 214 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-43-0032 NORMA GOODMUNDSON 304 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-43-0033 KARIN S ROISELAND 215 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-43-0034 CURTIS R WYFFELS REBECCA HAGESTUEN WYFFELS 209 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-43-0035 DONALD MOORE KAREN MOORE 205 LANEWOOD LN N PLYMOUTH MN 55447 6,347.08 33-118-22-43-0036 KIRT D GOETZKE SUSAN M GOETZKE 210 LANEWOOD LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-43-0046 KENNETH J HEYDA HOLLY L HEYDA 200 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-43-0047 GREGORY BRANDT REBECCA BRANDT 130 NIAGARA LN N PLYMOUTH, MN 55447 6,347.08 33-118-22-44-0021 JOHN F ATKINSON JR PAMELA F ATKINSON 230 JUNEAU LN N PLYMOUTH MN 55447 6,347.08 33-118-22-44-0022 THOMAS C WILLS MARY J WILLS 220 JUNEAU LN N PLYMOUTH, MN 55447 6,347.08 Page 7 CITY OF PLYMOUTH RESOLUTION No. 2012 - A RESOLUTION ORDERING IMPROVEMENT FOR THE 2012 STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 12001 WHEREAS, the City Council adopted a resolution on the 24th day of January, 2012, which fixed a date for a council hearing on the proposed improvement of the 2012 Street Reconstruction Project, City Project No. 12001, including Shenandoah Lane N, south of County Road 6, 9th Avenue N, from Shenandoah Lane N to Kin sview Lane N, including Minnesota Lane N, Niagara Lane N from Gleason Lake Drive to 9t Avenue, Lanewood Lane N from Gleason Lake Drive to 9th Avenue, and Juneau Lane N from Gleason Lake Drive to 4th Avenue N by the reconstruction of streets with the installation of bituminous pavement and concrete curb and gutter, storm sewer installation, water main valve replacement, and all necessary appurtenances; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 10th day of April, 2012, at which all persons desiring to be heard will be given an opportunity to be heard thereon. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of the City of Plymouth, Minnesota: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted April 10, 2012. 2. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. Approved this 10th day of April 2012. Page 8 CITY OF PLYMOUTH RESOLUTION No. 2012 - ADOPTING ASSESSMENTS 2012 STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 12001 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the 2012 Street Reconstruction Project East Parkers Lake area including Shenandoah Lane N, south of County Road 6, 9th Avenue N, from Shenandoah Lane N to Kingsview Lane N, including Minnesota Lane N, Niagara Lane N from Gleason Lake Drive to 9th Avenue, Lanewood Lane N from Gleason Lake Drive to 9th Avenue, and Juneau Lane N from Gleason Lake Drive to 4th Avenue N for the reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation, storm sewer installation, watermain valve replacement, and all necessary appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments between $5,001 and $10,000 shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear the interest rate of 3.37% per annum for a 10 year assessment period 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, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. Such assessments between $10,001 and higher shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear the interest rate of 4.34% per annum for a 15 year assessment period 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, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. Page 9 4. 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 of Plymouth Finance Department, except that no interest shall be charged if the entire assessment was paid within 30 days from the adoption of this resolution; and he may at any time there after, pay the City of Plymouth Finance Department 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 by November 14 or interest will be charged through December 31 of the next succeeding year. The owner of any property so assessed may also, within 30 days from the adoption of the resolution, make a partial payment of a least $100 to the City of Plymouth Finance Department. The remaining unpaid balance will be certified as the new assessment amount. The owner may also at any time prior to November 15, of any year, pay the remaining unpaid principal balance with interest accrued to December 31 of the year in which such prepayment is made. 5. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 6. The total cost of the improvement assessed by this resolution is $971,126.98. Approved this 10th day of April 2012. Page 10 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION TO AUTHORIZE "NO PARKING" 2012 STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 12001 WHEREAS, Minnesota Lane, from 9th Avenue N to the cul-de-sac south of the Luce Line Trail will be reconstructed to a width of 21 feet from back of curb to back of curb as part of the 2012 Street Reconstruction Project, City project 12001, the minimum width that allows for two-way traffic according to Plymouth City Standards; and WHEREAS, Shenandoah Lane, from 9th Avenue, to County Road 6 is currently signed as "No Parking", and that no City Council Resolution can be found to allow for enforcement of "No Parking" on this roadway; and WHEREAS, the City Council finds that the recommended "No Parking" areas are needed to serve the immediate area. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it hereby, authorizes the installation of "No Parking" signs on Minnesota Lane from 9th Avenue N to the cul-de- sac south of the Luce Line Trail. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That it hereby, authorizes the installation of "No Parking" signs on Shenandoah Lane from 9th Avenue to County Road 6. Approved this 10th day of April 2012. Page 11 CITY OF PLYMOUTH RESOLUTION No. 2012 - A RESOLUTION TO AWARD CONTRACT FOR 2012 STREET RECONSTRUCTION PROJECT CITY PROJECT No. 12001 WHEREAS, pursuant to an advertisement for bids for the improvements in the 2012 Street Reconstruction Project including Shenandoah Lane N, south of County Road 6, 9th Avenue N, from Shenandoah Lane N to Kingsview Lane N, including Minnesota Lane N, Niagara Lane N from Gleason Lake Drive to 9th Avenue, Lanewood Lane N from Gleason Lake Drive to 9th Avenue, and Juneau Lane N from Gleason Lake Drive to 4th Avenue N for the reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation, storm sewer installation, water main valve replacement, and all necessary appurtenances bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Schedule A + Schedule B + Bid Alternate A New Look Contracting 2,227,896.58 GMH Asphalt Corp. 2,270,342.35 Northwest Asphalt 2,294,749.67 Eureka Construction Inc. 2,420,717.65 Park Construction Company 2,538,342.21 Palda & Sons, Inc. 2,652,940.60 Midwest Asphalt Corporation 2,763,081.45 Valley Paving, Inc. 2,894,360.06 Burschville Construction Inc. 2,940,069.55 Northdale Construction Company Inc. 3,015,313.36 Engineers Estimate 2,255,327.04 WHEREAS, it appears that New Look Contracting of Elk River, MN is the lowest responsible bidder complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into the contract for Schedule A + Schedule B + Bid Alternate A with New Look Contracting of Elk River, MN in the name of the City of Plymouth for the improvements in the 2012 Street Reconstruction Project including Shenandoah Lane N, south of County Road 6, 9th Avenue N, from Shenandoah Lane N to Kingsview Lane N, including Minnesota Lane N, Niagara Lane N Page 12 from Gleason Lake Drive to 9th Avenue, Lanewood Lane N from Gleason Lake Drive to 91h Avenue, and Juneau Lane N from Gleason Lake Drive to 4th Avenue N according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer in the amount of $2,227,896.58. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Speed humps on Niagara Lane shall be reinstalled with the project as indicated on the approved plans and specifications. Approved this 10th day of April 2012. Page 13