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HomeMy WebLinkAboutCity Council Packet 04-24-2012RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING APRIL 24, 2012, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allottedfor 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 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the ConsentAgenda and placed elsewhere on the agenda. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2012-124) 6.03 Adopt Ordinance amending Section 725 of the City Code regarding storm drainage systems (Ord2012-14) 6.04 Declare costs to be assessed and set Assessment Hearing for Lancaster Lane mill and overlay project (11010 – Res2012-125, Res2012-126) Regular Council Meeting 1 of 3 April 24, 2012 7. 9 6.05 Approve Temporary Liquor License for Mount Olivet Lutheran Church of Plymouth, 12235 Old Rockford Road, for an event on August 25 (Res2012- 127) 6.06 Award contract for 2012 Sanitary Sewer Lining Project (12007 — Res2012-128) 6.07 Approve a Temporary Encroachment Agreement with the Minnehaha Creek Watershed District for the Chelsea Woods/Mews Creek Restoration Project Res2012-129) 6.08 Approve modification to the Storm Water Pollution Prevention Program Res2012-130) 6.09 Approve Cooperative Agreement with the Bassett Creek Watershed Management Commission for the Four Seasons Mall Water Quality Improvements Project (11022 — Res2012-131) 6.10 Approve Zoning Ordinance Amendment to include potbelly pigs in the definition of farm animals. City of Plymouth. (2012019 — Ord2012-15, Res2012-132) 6.11 Accept donation from the Plymouth Rotary for the "Shop With a Cop" program Res2012-133) 6.12 Authorize grant agreement with the Minnesota Division of Homeland Security and Emergency Management (Res2012-134) 6.13 Approve Joint Powers Agreement with the City of Medicine Lake for utilization of the City of Plymouth's Rental Inspection Personnel (Res2012-135) 6.14 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.02) PUBLIC HEARINGS GENERAL BUSINESS Regular Council Meeting 2 of 3 April 24, 2012 8.01 Adopt PERA's Phased Retirement Option Program and amendment to Section 5 of the City's Personnel Policy (Res2012-136) (Approved) 8.02 Approve Rezoning, Preliminary Plat and Variance for "Arbor Grove 3rd Addition", a 14 -lot subdivision at 4420 Brockton Lane (2012012 — Ord2012-16, Res2012-137, Res2012-138, Res2012-139) (Previously item No. 6.14) Approved) 9. REPORTS AND STAFF RECOMMENDATIONS 9.01 Administrative Services Department Annual Report 9.02 Legislative Update 10. ADJOURNMENT (7:35 p.m.) Regular Council Meeting 3 of 3 April 24, 2012 Proposed Minutes 2012 Board of Appeal and Equalization April 10, 2012 The meeting of the Plymouth City Council sitting as the 2012 Board of Appeal and Equalization was called to order by Mayor Slavik at 6:12 p.m. in the City Council Chambers, 3400 Plymouth Boulevard, on April 10, 2012. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Wosje, Willis, Black, and Bildsoe. COUNCIL ABSENT: Councilmember Stein. STAFF PRESENT: City Manager Ahrens, City Assessor Hebert, and City Clerk Engdahl. Mayor Slavik opened and closed the hearing. Mayor Slavik announced that due to no appeals being filed, the Board of Equalization would not be reconvening on April 24. Adjournment Mayor Slavik declared the Board of Appeal and Equalization meeting adjourned at 6:13 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 1 of 1 Board of Equalization April 10, 2012 Page 1 Proposed Minutes Regular Council Meeting April 10, 2012 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 6:20 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 10, 2012. COUNCIL PRESENT: Mayor Slavik, Council Members Willis, Bildsoe, Black, Johnson, and Wosj e. ABSENT: Council Member Stein. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief Goldstein, Deputy Fire Chief Springer, Public Safety Education Specialist Cwayna, Reconstruction Program Manager Paumen, and City Clerk Engdahl. Mayor Slavik moved the annual update from Commissioner Johnson prior to the Plymouth Forum. 4.01) Annual Update by Hennepin County Commissioner Jeff Johnson Hennepin County Commissioner Johnson provided his annual update to the Council. He spoke of the County's budget and the initiative to reduce the number of watershed districts in the county from 11 to 4. The Council requested his support for upgrades to County Road 47 and third lane on I-494. Mayor Slavik mentioned a concern from a resident regarding the County's property at 17815 County Road 24 that needs some maintenance. Plymouth Forum Monty John of the Mehr Family, 133 25th Avenue North, St. Cloud, stated recently they tried to obtain copies of oaths of office for three police officers. City staff indicated they couldn't provide this information as it's classified as private data. The City Attorney also provided to him a copy of Minnesota Statute 13.43 regarding personnel data. He stated a ruling by the U.S. Supreme Court states that police officers need oaths of office to identify themselves. Their uniforms and badges aren't enough to prove that, as others can purchase that equipment and state that they are sworn police officers. He stated oaths of office should be public data. He gave materials to the Council to support his request. Proposed Minutes 1 of 7 Regular Meeting of April 10, 2012 Page 2 Police Chief Goldstein explained that the oath in an of itself can be supplied at any time, but once it's signed by the officer, it becomes personnel data and therefore is private data. He stated he's unfamiliar with the U.S. Supreme Court ruling that Mr. John is referring to. However, if someone is stopped for an altercation, those are sworn police officers. He stated in court, it's proven before any testimony is given, that the police officer(s) is employed, licensed with the P.O.S.T. Board and the community they're serving. The Council requested that the City Attorney discuss with Mr. John his request. Presentations and Public Information Announcements 4.02) Announcement of Primavera on April 12-16 at the Plymouth Creek Center Parks and Recreation Director Evans announced this year's Primavera on April 12-16 at the Plymouth Creek Center. 4.03) Announcement of Yard and Garden Expo on April 13-14 at the Plymouth Creek Center Fieldhouse Parks and Recreation Director Evans announced this year's Yard and Garden Expo on April 13- 14 at the Plymouth Creek Center Fieldhouse. 4.04) Announcement of Pool Safety Program Public Safety Education Specialist Cwayna announced the Pool Safety Program and a Workshop on pool safety that is scheduled on April 28 from 11:00 a.m.-1:00 p.m. at Pointe Apartments. City Manager Ahrens introduced Dave Callister, the City's new Administrative Services Director. He officially starts on April 16. Approval of Agenda Motion was made by Council Member Johnson, and seconded by Council Member Willis, to approve the a-egnda. With all members voting in favor the motion carried. Consent Ap_enda Item No. 6.03 was removed from the Consent Agenda and placed under General Business as item No. 8.01. Motion was made by Council Member Willis, and seconded by Council Member Bildsoe, to adopt the amended Consent Agenda that included the followingitems: tems: Proposed Minutes 2 of 7 Regular Meeting of April 10, 2012 Page 3 6.01) Special Council Meeting minutes of March 13 and the Regular Council Meeting minutes of March 27. 6.02) Resolution Approving Disbursements ending March 31, 2012 (Res2012-107). 6.03) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.01). 6.04) Resolution Approving a Final Plat and Development Contract for "Hampton Hills South Plateau" for Property located at 5313 Juneau Lane (2011097-F — Res2012-108) and a Resolution Adopting Assessments for Trunk Sanitary Sewer and Water Main for Hampton Hills South Plateau (2011097 — Res2012-109). 6.05) Resolution Approving 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 - Res2012-110). 6.06) Resolution Approving a Variance for Damien and Julie Mickshl to allow a Detached Accessory Building in a Front Yard for Property located at 17330 1 lth Avenue North (2012017 Res2012-111). 6.07) Resolution Approving Agreement regarding Transfer of Certain Improvements between Silverthorne Homeowners Association and City of Plymouth (Res2012-112). 6.08) Resolution Awarding Contract for 2012 Street Crack Repair Program (12011 — Res2012- 113). 6.09) Resolution Approving the Plymouth Police Department's Participation in the Minnesota Driving Diversion Program (Res2012-114). 6.10) Resolution Approving a One -Year Extension of Development Approvals for RBC Tile and Stone located at 1820 Berkshire Lane North (2008012 — Res2012-115). 6.11) Resolution Authorizing Expenditure from the DWI Resource Planning Fund for Technology Upgrade (Res2012-116). 6.12) Resolution Approving Temporary Liquor License for the Whole Learning Center Res2012-117). 6.13) Resolution Approving Renewal of Consumption and Display License for VFW Hamel, 19020 Hamel Road (Res2012-118) and a Resolution Approving Renewal of Consumption and Display License for West Medicine Lake Community Club (Res2002-119). With all members voting in favor, the motion carried. Proposed Minutes 3 of 7 Regular Meeting of April 10, 2012 Page 4 Mayor Slavik moved the annual legislative update prior to the Public Hearing. Reports and Staff Recommendations 9.01) Legislative Update City Manager Ahrens provided an update on various legislative bills. Public Hearings 7.01) Project and Assessment Hearing, Award Contract, and Authorize "No Parking" for 2012 Street Reconstruction, Circle Park (12001) Reconstruction Program Manager Paumen reported on the proposed street reconstruction project for the Circle Park neighborhood that is contained in the Capital Improvements Program for 2012. Construction would begin this season and end in September depending on the weather. He noted that as part of the design of this project, staff is proposing to reinstall the four speed humps on Niagara Lane. Council Member Wosje stated residents are concerned about the "milestone" dates of the construction, such as when they won't be able to access their driveways, the roadway, etc. Reconstruction Program Manager Paumen stated that once the pavement is torn up, it will be the better part of the summer that they are traveling on gravel surface. Public Works Director Cote added that those dates will be available once the contract is awarded. Mayor Slavik opened the public hearing. Brian Weekley, 630 Lanewood Lane North, stated if residents on Niagara Lane desire the speed humps, they should pay for them as the residents on Lanewood Lane don't want them. He asked what the speed humps cost. Mary Melvin, 630 Niagara Lane North, stated she supports the project. She wished there weren't speed humps on Niagara Lane. She recalled that a few years ago when this project was before the Council, Niagara Lane already had storm sewer installed so their assessments would be less. Judy Piroyan, 515 Lanewood Lane North, asked about the width of the street around Circle Park, and if adding curb and gutter would make that wider than 20'. Jean Brummer, 515 Niagara Lane North, asked if driveways will be put back in to their current state, whether they are blacktop or cement. She stated she has two driveways and would she be assessed for two driveways. Lastly, would she need to locate storage for her motor home for the summer since she won't be able to access the road. Proposed Minutes 4 of 7 Regular Meeting of April 10, 2012 Page 5 Mary Critelli, 445 Lanewood Lane North, asked if residents can replace their driveways and how far into their properties they'll be replaced. She also noted that recently the City filled potholes on the street and she questioned why since this project is being proposed. Mayor Slavik declared the public hearing closed. Public Works Director Cote provided the following answers to questions that were raised at the hearing: 1. Each speed hump costs $1,100 and the cost of the speed humps is included in the total cost of the project. 2. Storm sewer on Niagara Lane: The Public Improvement Assessment Policy was amended after the original project came forward. The Council amended the policy in order to make greater equity for street, curb and gutter, and storm sewer. 3. The proposed width of the street around Circle Park is 20' feet from the back of the curb which is similar to what it is currently. 4. The contractor needs to keep the road open for residents to access their properties. Other than the curing of the concrete, it should be accessible for a motor home. The contractor will inform residents when they can't access their properties. 5. Driveways will be constructed with the same materials they currently are. 6. There is no additional assessment for a second driveway. Staff and the contractor will meet with residents regarding any questions on their driveways. 7. The potholes were filled as staff felt the street needed the maintenance with or without the Council approving the project. Regarding the speed humps, Council Member Wosje stated he has made contact with a number of residents on Lanewood Lane and Niagara lane, and a large majority of the residents on Niagara Lane support them. He referenced the traffic study that indicates the amount and speed of traffic was reduced by one third after they were constructed in 2001. Motion was made by Council Member Willis, and seconded by Council Member Wosje, to adopt a Resolution Ordering Improvement for the 2012 Street Reconstruction Project (12001 — Res2012-120), Resolution Adopting Assessments for 2012 Street Reconstruction Project (12001 Res2012-121), Resolution Authorizing "No Parking" on a portion of the 2012 Street Reconstruction Project (12001 — Res2012-122), and a Resolution Awarding Contract for 2012 Street Reconstruction Project (12001 — Res2012-123). With all members voting in favor, the motion carried. General Business 8.01) Ordinance Amending Chapter XI of the City Code Concerning Guest Registration at Hotels Proposed Minutes 5 of 7 Regular Meeting of April 10, 2012 Page 6 Mayor Slavik stated at the February 21 Council study session, the Council provided feedback to staff on requiring all guests, with the exception of youth under the age of 18, to register their name and address with some type of identification with the hotel. The ordinance before the Council this evening doesn't have that requirement. She stated providing a form of identification to prove someone's identity and address shouldn't pose a hardship. This would provide a tool for the Police Department when there are unlawful activities occurring at hotels and it would provide a safeguard for residents. Therefore, she requested that the original language to require all guests to present a drivers license, Minnesota identification card, or identification sufficient to identify them be added to this ordinance and bring back that version to the Council at the next Council meeting. Motion was made by Council Member Johnson, and seconded by Council Member Black, to adopt the ordinance as presented by staff and contained in the Council packets. Council Member Johnson stated she's concerned that by adding the language Mayor Slavik is requesting, it could go a little too far, and she would be uncomfortable in placing requirements on hotels that will also put a burden on law abiding citizens. She stated if the Council supports the additional language that Mayor Slavik is requesting, she suggested that be considered at a future meeting where representatives of the hotels can be present. She supports the ordinance that is before the Council this evening. Council Member Bildsoe stated the proposed ordinance is being recommended by the Police Department, but perhaps there needs to be additional language as Mayor Slavik is suggesting. He asked Police Chief Goldstein if the proposed ordinance solves the problems that the Police Department is trying to address. Police Chief Goldstein replied the proposed ordinance before them tonight is an exact reflection of what's already in state law except for someone who gives a false name. The Police Department would be satisfied with the ordinance that is before the Council this evening, and it could be reviewed further in the future. Council Member Johnson requested clarification if all guests would need to show identification such as Mayor Slavik is requesting or just the person reserving the room. She gave an example of a sports team who would in town for the weekend but not all players had an identification on them. Police Chief Goldstein stated State law already requires the hotel to gather the identity of the individuals who stay overnight. The provision that staff is recommending is a verbal notification of the guests that are over 18. Mayor Slavik stated just recently there were four arrests in Plymouth involving illegal activities at hotels, and with the additional language that she's recommending, she's trying to give assurance of safety to residents and the business community that these activities won't be tolerated. Council Member Johnson agreed with Mayor Slavik but stated she's not ready to make that kind of decision this evening without proper notification to the hotels so they can comment on it. Proposed Minutes 6 of 7 Regular Meeting of April 10, 2012 Page 7 Council Member Bildsoe asked if there are other communities that have this type of ordinance. Police Chief Goldstein replied there are approximately 10 communities that staff contacted, and they're all looking at Plymouth for direction. Motion was made by Mayor Slavik, and seconded by Council Member Bildsoe, to amend the main motion to add the additional language to the ordinance as recommended by Mavor Slavik. Motion was made by Council Member Johnson, and seconded by Council Member Bildsoe, to table this item to May 8. Staff is to add the original language as requested by Mayor Slavik stating the identifications that can be used to prove identities of guests. The proposed ordinance should be given to the hotels so there is public process. With all members voting in favor, the motion carried. Adjournment Mayor Slavik adjourned the meeting at 7:56 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 7 of 7 Regular Meeting of April 10, 2012 Page 8 rp)City of Agenda 6 . 0 2PlymouthNumber: Adding Quality to life REGULAR COUNCIL MEETING April 24, 2012 To: Laurie Ahrens, City Manager Prepared by: Deb Luesse, Accounting Clerk Reviewed by: Jodi Bursheim, Finance Manager Item: Disbursements Ending April 14, 2012 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending April 14, 2012. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending April 14, 2012. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 4.14.12/Council meeting 4.24.12 Reg AP Ck's HAP Ck's 4.1.12 to 4.1.12 to 4.14.12 4.14.12 FUND 100 General Fund 217,368.23 217,368.23 200 Recreation Fund 3,750.29 3,750.29 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 1,903.02 1,903.02 234 Economic Development Fund 0.00 250 Comm Dev Block Grant Fund 10,151.00 10,151.00 254 HRA Section 8 Fund 0.00 254 HAP Check Summary 238,868.64 238,868.64 258 HRA General Fund 0.00 300 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 0.00 401 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 0.00 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 0.00 413 Improvement Project Construction 2,299.75 2,299.75 414 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 1,435.00 1,435.00 421 Enterprise -Other Construction 83,071.64 83,071.64 998 TIF # 7-2 O.S. (Const) 0.00 998 TIF # 7-3 P.O.S. (Const) 0.00 422 TIF #7-4 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 100,877.20 100,877.20 510 Water Resources Fund 35,755.43 35,755.43 520 Sewer Fund 112,543.85 112,543.85 530 Solid Waste Management Fund 1,260.18 1,260.18 540 Ice Center Fund 25,633.46 25,633.46 550 Field House Fund 5,035.91 5,035.91 600 Central Equipment Fund 44,119.87 44,119.87 610 Public Facilities Fund 21,078.17 21,078.17 620 Information Technology Fund 26,585.04 26,585.04 630 Risk Management Fund 6,352.17 6,352.17 640 Employee Benefits Fund 185,689.08 185,689.08 650 Design Engineering 0.00 660 Resource Planning 1,042.95 1,042.95 800 Investment Trust Fund 182.09 182.09 850 Plymouth Town Square 0.00 851 Vicksburg Crossing 0.00 Total Invoice Expense Distribution: Total sheets NW Syst Pay Report NW +/- Voids P/R EFT Visa EFT HRA Report Total 1,125,002.97 886,134.33 238,868.64 1,125,002.97 886,134.33 238,868.64 1,125,002.97 Page 2 ma! City of Plymouth Check Payment Register 04/01/2012 to 04/14/2012 Check 123716 Date Paid:04/05/2012 Adam's Pest Control, Inc. Amount: 74.81 Inv. 702923 03/22/2012 Mar'12 PCC Pest Control 74.81 Check 123717 Date Paid: 04/05/2012 Advanced Graphix Inc Amount: 37.41 Inv. 185324 03/26/2012 Unit 1011 Claim 2012.05 decal 37.41 Check 123718 Date Paid: 04/05/2012 AI's Coffee Company Amount: 236.20 Inv. 136716 03/14/2012 IC Concession coffee resupply 236.20 Check 123719 Date Paid: 04/05/2012 Allied Waste Services Amount: 637.78 Inv. 0894002824961 03/25/2012 Mar'12 IC Rubbish Removal 637.78 Check 123720 Date Paid:04/05/2012 American Messaging Services LLC Amount: 121.55 Inv. D2081166MD 04/01/2012 Apr'12 PD pager rental 121.55 Check 123721 Date Paid:04/05/2012 American Supply Group Inc Amount: 143.09 Inv. 37388 03/13/2012 PW paper plates, cups, spoons 143.09 Check 123722 Date Paid: 04/05/2012 Armstrong Boys Hockey Boosters Amount: 660.00 Inv. 101 04/03/2012 2011/12 11 HS season announcer/scoreboard 660.00 operation Check 123723 Date Paid: 04/05/2012 Arteka Companies LLC Amount: 1,065.00 Inv. 17975 03/31/2012 Mar'12 Forestview LN Snowplowing 350.00 Inv. 17976 03/31/2012 ar'12 Orchard Ln Snowplowing 450.00 Inv. 17977 03/31/2012 Mar'12 Dallas Lane Snowplowing 265.00 Check 123724 Date Paid:04/05/2012 Inv. 120310 03/10/2012 Check 123725 Date Paid:04/05/2012 Inv. 120331 03/31/2012 Check 123726 Date Paid:0410512012 Inv.1433060 03/28/2012 Check 123727 Date Paid:04105/2012 Inv.0146055 02/29/2012 Check 123728 Date Paid: 04/05/2012 Inv.349333 03/29/2012 Baldy Sanitation Inc Mar'12 Fire 123 Rubbish Removal Barton Sand & Gravel Co 3.22/3.30.12 483.19ton CL5 Recycle,W3/4,mason sand Berkley Risk Administrators Co 2012 1st qtr Admin services Bolton & Menk Consulting Engineers 1.21/2.17.12 Wels 10&14 Rehab Braun Intertec Corporation 3.23.12 Sunset Trail retaining wall borings Check 123729 Date Paid:04/05/2012 CDW Government Inc Inv. G953874 03/12/2012 Part - Zebra Four Cell Batt Inv. H005994 03/12/2012 Cisco Phone System Maint Inv. H013815 03/13/2012 Cisco Phone System Maint Check 123730 Date Paid:04/05/2012 CenturyLink Inv. 55097850312 03/16/2012 Mar'12 550.9785 Inv. 55188240312 03/16/2012 Mar'12 551.8824 Check 123731 Date Paid:04/05/2012 City of Maple Grove Inv. 13286 03/13/2012 Feb'12 Dog Impounds Check 123732 Date Paid: 04/05/2012 Clarey's Safety Equip. Co Page 1 of 14 Amount: $292.87 292.87 Amount: $4,510.83 4,510.83 Amount: $6,250.00 6,250.00 Amount: $1,115.00 1,115.00 Amount: $2,200.00 2,200.00 Amount: $21,026.34 223.35 4,962.87 15,840.12 Amount: $107.02 50.75 56.27 Amount: $896.00 896.00 Amount: $62.46 Page 3 4/18/2012 Inv. 143583 03/21/2012 Hydrant Wrench Check 123733 Date Paid:04/05/2012 Comcast Inv. 02536960312 03/13/2012 3.22/4.21.12 IC Digital box Inv. 07376150312 03/24/2012 Apr'12 PS/CC Wireless Check 123734 Date Paid:04105/2012 Jane Curry Inv. 120330 03/30/2012 3.30.12 "Samantha Rastles/ Check 123735 Date Paid:04/05/2012 Dakota Supply Group Inc Inv. 7283542 03/16/2012 12 1" M7013,1 3" Compound,36 #2 setters, 12 1 V4 setter/resale Inv. 7283574 03/16/2012 120 3/4" M35 Short meters/replcmnt Check 123736 Date Paid:04/05/2012 Derson Manufacturing Inc Inv. 29696 02/21/2012 oil burner- PW Check 123737 Date Paid:04/05/2012 Inv. 4285 03/19/2012 Check 123738 Date Paid:04/05/2012 Inv.8270029612 03/14/2012 Check 123739 Date Paid:04/05/2012 Inv. INV 58371 03/16/2012 Check 123740 Date Paid:04/05/2012 Inv.0098468IN 03/13/2012 Check 123741 Date Paid:04/05/2012 Inv.60854 03/16/2012 Check 123742 Date Paid: 04105/2012 Inv. MNPLY53037 03/14/2012 Check 123743 Date Paid:04/05/2012 Inv. S01348598002 03/09/2012 Check 123744 Date Paid:0410512012 Inv.1006558683 01/23/2012 Inv.1006644518 03/16/2012 Check 123745 Date Paid:04/05/2012 Inv.01116360 03/22/2012 Check 123746 Date Paid:04/05/2012 Inv.120403 04/03/2012 Check 123747 Date Paid:04/05/2012 Inv. 2012-00000065 03/13/2012 Inv.9775678064 03/12/2012 Inv.9777012122 03/13/2012 Inv.9777476897 03/13/2012 Inv.9778255118 03/14/2012 Inv.9778416314 03/14/2012 Inv.9780757028 03/16/2012 Check 123748 Date Paid:04/05/2012 Inv. 120315 03/15/2012 Check 123749 Date Paid:04105/2012 Inv. 3318827 R I 03/15/2012 Inv. 3318828RI 03/15/2012 DogPoopBags.com LLC 2000 Handled dog clean up bags DPC Industries Inc CWP 3665gl Sodium Hypo DTS/Document Tech Solutions waste toner bottle Earl F. Andersen Inc. 168 9" traffic signs Emergency Apparatus Maintentance Inc Akron Brass Ball Conversion Kit Fastenal Company BR BN, Tree D Ferguson Enterprises Inc Supplies -hardware G&K Services Inc 1.23.12 Rug service City Uniforms Gary Carlson Equipment Co Mats for drainage work/locking pins Government Finance Off. Assoc. Book"the Complete EOG Series" Grainger lamp cart service o-ring/spud coupling thermostat guard scrubbing wipes quick coupler receptacle base/top Greenway Lawn Maintenance Inc Mar'12 Snowplowing Hawkins Water Treatment ZWP 680gl Hydrof Acid CWP 550gl Hydrof Acid 62.46 Amount: $83.30 15.84 67.46 Amount: $300.00 300.00 Amount: $38,895.75 12,861.00 26,034.75 Amount: $401.23 401.23 Amount: $546.38 546.38 Amount: $2,638.80 2,638.80 Amount: $45.73 45.73 Amount: $2,978.73 2,978.73 Amount: $116.68 116.68 Amount: $15.54 15.54 Amount: $385.22 385.22 Amount: $445.10 90.06 355.04 Amount: $5,710.97 5,710.97 Amount: $275.00 275.00 Amount: $467.87 0.76 179.65 74.77 9.61 31.55 42.03 129.50 Amount: $850.00 850.00 Amount: $4,506.56 2,491.43 2,015.13 Page 4 Page 1 of 14 4/18/2012 Check 123750 Date Paid:04/05/2012 Hennepin County Treasurer Inv. 031212 03/12/2012 Oct-Dec'l1 589 PVCs Check 123751 Date Paid:04/05/2012 Hewlett-Packard Company Inv. 50917732 03/09/2012 See cr inv 50980471 /fiber channel card Inv. 50980471 03/22/2012 Cr inv 50917732 Fiber channel card Check 123752 Date Paid:04/05/2012 Holiday Fleet Inv. 120321 03/21/2012 2.23/3.21.12 14 E-85 Trips Check 123753 Date Paid:04/05/2012 Inv. 1854 04/02/2012 Check 123754 Date Paid:04/05/2012 Inv.504500 03/13/2012 Amount: $161.98 161.98 Amount: $395.45 1,580.90 1,185.45) Amount: $454.84 454.84 INFOSCORE Inc Amount: $182.09 Mar'12 Check Processing $182.09 Jim Lupient's GM World of Parts Amount: $40.47 New Key for Professional Standards vehicle for $40.47 TW Check 123755 Date Paid:04/05/2012 Terry Kubista Inv. 120222 02/22/2012 2.22.12 Stonehenge,King Arthur programs Check 123756 Date Paid:04/05/2012 League of Minnesota Cities Inv. 165400 04/02/2012 4.11.12 Jenifer Moreen "Safety&Loss" Check 123757 Date Paid:04/05/2012 Loffler Companies Inc Inv. 1377607 03/16/2012 toner cartridge Inv. 1378716 03/17/2012 Tri color ink Check 123758 Date Paid:04/05/2012 Inv. COP112 03/23/2012 Check 123759 Date Paid:04/05/2012 Inv.33172 03/12/2012 Check 123760 Date Paid:04/05/2012 Inv. 1485 03/19/2012 Check 123761 Date Paid:04/05/2012 Inv.43675 03/16/2012 Check 123762 Date Paid:04/05/2012 Inv.018263 03/26/2012 Check 123763 Date Paid:04/05/2012 Inv.120319 03/19/2012 Check 123764 Date Paid:04/05/2012 Inv. 120321 03/29/2012 Check 123765 Date Paid:04/05/2012 Inv.16935 03/13/2012 Check 123766 Date Paid:04/05/2012 Inv.120208 03/01/2012 Check 123767 Date Paid:04/05/2012 Inv.6294302719 03/28/2012 Inv.6294302732 03/29/2012 Check 123768 Date Paid:04/05/2012 Inv. QLCB486054 03/10/2012 Inv. QLCB487437 03/12/2012 Check 123769 Date Paid:04/05/2012 Page 1 of 14 Lynn & Associates Admin Svc Dir position facilitate selection Menard Inc Cedar Metal Fab Machinery Inc/MFM Oil pressure switch Metro Fire face piece lens/cover assembly Amount: $84.00 84.00 Amount: $20.00 20.00 Amount: $529.03 459.56 69.47 Amount: $450.00 450.00 Amount: $353.98 353.98 Amount: $118.63 118.63 Amount: $76.74 76.74 Minneapolis Concrete Sawing & Drilling Amount: $425.00 3.21.12 PCC drill two access holes $425.00 Minnesota Association of Watershed District Amount: $40.00 3.19/3.20.12 AIS Symposium $40.00 Minnesota Management & Budget Amount: $1,275.00 3.21.12 "Difficult Conversations" training $1,275.00 Minnesota Safety Council, Inc 8 Nighthawk Carbon Monoxide detectors/resale Mike Mittelstaedt 2.8.12 Officiated 3 basketball games MN Highway Safety&Research/MHSRC 3.28.12 Kyle Kvenild EVOC Law Enforcement 3.29.12 Kyle Kvenild PIT Morrie's Imports Inc 06 Ford truck repairs 06 Ford truck repairs MPPOA-MN Police & Peace Officers Assoc Amount: $270.10 270.10 Amount: $69.00 69.00 Amount: $825.00 386.00 439.00 Amount: $1,628.07 870.58 757.49 Amount: $50.00 Page 5 4/18/2012 Inv. 120501 04/05/2012 Swanny "Critical Incident" Training Check 123770 Date Paid:04/05/2012 Inv.82997500 03/14/2012 Check 123771 Date Paid:04/05/2012 Inv.6956412 04/05/2012 Check 123772 Date Paid:04/05/2012 Inv.4062042482A 02/27/2012 Check 123773 Date Paid:04/05/2012 Inv. 601516526001 03/12/2012 Inv. 601618151001 03/13/2012 Inv. 601884313001 03/14/2012 Inv. 60194534 7001 03/15/2012 Inv. 602029694001 03/15/2012 Check 123774 Date Paid:04/05/2012 Inv. CL65946412 03/20/2012 Check 123775 Date Paid:04/05/2012 Inv.72536 03/14/2012 Check 123776 Date Paid: 04/05/2012 Inv. 4454 03/15/2012 Check 123777 Date Paid: 04/05/2012 Inv.040530 03/12/2012 Check 123778 Date Paid: 04/05/2012 Inv. S1598566001 03/12/2012 Check 123779 Date Paid:04/05/2012 Inv. 258381 03/11/2012 Check 123780 Date Paid:04/05/2012 Inv.112118190312 03/19/2012 Inv.112572180312 03/19/2012 Inv.114317480412 03/19/2012 Inv.141320312 03/19/2012 Inv.141570312 03/19/2012 Check 123781 Date Paid:04/05/2012 Inv. 9677 04/01/2012 Check 123782 Date Paid:04/05/2012 Inv. 37154 03/23/2012 Check 123783 Date Paid:04/05/2012 Inv. W11395 03/12/2012 Check 123784 Date Paid:04/05/2012 Inv.35208447 03/27/2012 Check 123785 Date Paid:0410512012 Inv. M030096651 03/12/2012 MTI Distributing Inc blade-rotary/belt NCPERS Minnesota Apr'12 PERA OPT life insurance Northern Tool/HSBC Business Solutions Bal owed Office Depot calculator/letter opener/cartridges/file envelopes office supplies - labels Supplies - dividers/notebook Supplies - Clipboard/pens/sheetprotectors Otis Elevator Company Apr-Jun'12 CC Elevator Service Owens Companies Inc Vicksburg residence heater bad motor Permagreen 2.29.12 Snowplowing Phasor Electric Company replace switch/install GFI Pirtek Supplies - Printers Service Inc knife sharp Randy's Sanitation Inc Mar'12 CWP Rubbish Removal Mar'12 ZWP Rubbish Removal Apr'12 PCC Rubbish Removal Mar'12 PW/PM Rubbish Removal Mar'12 CC/PS Rubbish Removal 50.00 Amount: $344.15 344.15 Amount: $1,429.00 1,429.00 Amount: $21.38 21.38 Amount: $479.46 246.22 84.29 51.59 31.11 66.25 Amount: $772.35 772.35 Amount: $796.00 796.00 Amount: $435.00 435.00 Amount: $203.25 203.25 Amount: $229.36 229.36 Amount: $54.00 54.00 Amount: $1,421.18 73.84 73.84 310.39 385.07 578.04 Renee's Royal Valet Amount: 100.00 7.3.12 Deposit/Trolley Tour 100.00 Wing N Restoration Professionals Amount: 218.23 Emerg board up case 12011317 218.23 V -Belt Road Machinery & Supplies Co/RMS Rental Amount: 2,324.69 Unit 2001 Slide/shaft assembly 2,324.69 Robert Half International Inc Amount: 2,903.25 3.23.12 Susan Mady Finance Temp 2,903.25 Royal Tire Inc 6 Recapped 11x22.5 Tires Check 123786 Date Paid: 04/05/2012 Scharber & Sons Inv.022039342 02/13/2012 Switch Inv. 022039429 02/24/2012 Wing N Inv. 022039540 03/05/2012 9 Stihl helmet,slide Inv.022039671 03/16/2012 V -Belt Page 1 of 14 Amount: $1,194.62 1,194.62 Amount: $610.66 16.25 4.20 565.64 24.57 Page 6 4/18/2012 Check 123787 Date Paid:04105/2012 Scharber & Sons Inv.022039275 02/02/2012 Picco Inv.022039303 02/07/2012 SBar Inv. 022039324 02/10/2012 Winter soil Check 123788 Date Paid:04/05/2012 Sprint Nextel Inv. 120402 04/02/2012 4.27/1.17.13 refund antenna lease Check 123789 Date Paid:04105/2012 Streicher's Inc Inv. 1904470 02/08/2012 Pants (1) Inv. 1906467 02/16/2012 Shirts (2) pants (1) Inv. 1912786 03/12/2012 Pants (1 pr) Check 123790 Date Paid:04/05/2012 Suburban Tire Wholesale Inc Inv. 10107859 03/06/2012 6 - Tires Inv.10108009 03/15/2012 TR131ND Inv. 10108179 03/23/2012 2 - Tires Check 123791 Date Paid:04/05/2012 Inv. 1366036 03/15/2012 Inv. 1366037 03/15/2012 Inv. 1366038 03/15/2012 Inv. 1366039 03/15/2012 Inv. 1366040 03/15/2012 Inv. 1366041 03/15/2012 Inv. 1366042 03/15/2012 Sun Newspapers Publish- Project 12012 Publish -Project 12011 Publish-Liq License Publish - Liq License Publish- Resolution Publish - Ordinance 2012-08 Publish - Ordinance 2012-07 Check 123792 Date Paid:04/05/2012 Sunram Construction Inc Inv. 120113 01/13/2012 Proj8128 #5/Final Plym Creek Stream Bank Rehab Check 123793 Date Paid:04/05/2012 Superior Brookdale Ford Inv. 65087 03/15/2012 Spord Sende Check 123794 Date Paid:04/05/2012 Inv. 120501 04/05/2012 Check 123795 Date Paid:04/05/2012 Inv.12TF0390 03/12/2012 Check 123796 Date Paid:04/05/2012 Inv.2488300 03/14/2012 Check 123797 Date Paid:04/05/2012 Inv. CR242421 03/20/2012 Check 123798 Date Paid:04105/2012 Inv.29288 03/29/2012 SW/WC Service Cooperatives May'12 BCBS Health Insurance Taho Sportswear Inc Long Sleeve T-shirts (8) Terminal Supply Company Supplies - repair & Maint Thane Hawkins Polar Chev 2012 Chev Tahoe/unit 44 Three Rivers Park District 2011 Water Quality Monitoring Check 123799 Date Paid:04/0512012 Toll Company Inv. 386516 03/12/2012 Oxygen cylinders Inv. 386668 03/13/2012 Propane gas cylinder Check 123800 Date Paid:04/0512012 Inv. SV121606 03/15/2012 Check 123801 Date Paid:04/05/2012 Inv.109996 02/15/2012 Check 123802 Date Paid:04105/2012 Inv. 17574 02/20/2012 Page 1 of 14 Trans -Alarm Inc Well 5 Replace dead reader Uniforms Unlimited Inc. 4 Taser Targets Valley Rich Co Inc 2830 Jewel Ln water main break repairs Amount: $80.27 27.96 34.15 18.16 Amount: $12,054.45 12,054.45 Amount: $254.95 49.99 154.97 49.99 Amount: $1,006.37 722.56 48.09 235.72 Amount: $588.96 116.87 85.41 32.97 32.97 167.86 62.95 89.93 Amount: $39,850.09 39,850.09 Amount: $334.12 334.12 Amount: $178,878.00 178,878.00 Amount: $69.80 69.80 Amount: $57.00 57.00 Amount: $28,167.75 28,167.75 Amount: $22,157.00 22,157.00 Amount: $123.54 84.03 39.51 Amount: $463.25 463.25 Amount: $55.36 55.36 Amount: $4,484.94 4,484.94 page 7 4/18/2012 Check 123803 Date Paid:04105/2012 Vic Ward Inv. 120221 02/21/2012 2.21.12 Mobile Devices classes Check 123804 Date Paid:04/05/2012 Water Conservation Services Inc Inv. 3106 03/20/2012 3.10.12 Leak detection services Check 123805 Date Paid:04/05/2012 Xcel Energy Inv. 51450946640312 03/14/2012 1.18/3.6.12 6 Playfields Inv. 51465207540312C 03/28/2012 except Well $29,488.69 5,8,Reservoir Inv. 51509749550312 03/26/2012 1.6/3.19.12 Playfields,except Plymouth Inv. 51520310200031 03/14/2012 1.31/2.29.11 8 Lift Stations Inv. 51671079400312 03/26/2012 1.30/3.16.12 FS1, PW, FS2, Ice Center Check 123806 Date Paid:04/05/2012 Zee Medical Service Inv. 54102738 02/17/2012 CWP Medical resupply Inv. 54102764 02/22/2012 IC Medical resupply Inv. 54102861 03/16/2012 supplies - medical Inv. 54102862 03/16/2012 Supplies - Medical Check 123807 Date Paid:04/05/2012 Hennepin County Treasurer Inv.120405 04/05/2012 Permit for solid waste site Check 123808 Date Paid:04/05/2012 Baird, Lisa Inv. 120322 03/22/2012 3.20/3.22.12 113 Mileage St Cloud MCFOA conf Check 123809 Date Paid:04/05/2012 Inv.120403 04/05/2012 Check 123810 Date Paid:04/05/2012 Inv.120327 03/27/2012 Check 123811 Date Paid:04/05/2012 Inv.120405 03/29/2012 Check 123812 Date Paid:04/05/2012 Inv.120329 03/29/2012 Check 123813 Date Paid:04/05/2012 Inv.120228 02/28/2012 Inv.120306 03/06/2012 Inv. 120315 03/15/2012 Check 123814 Date Paid:04/05/2012 Inv.120405 04/05/2012 Check 123815 Date Paid:04/05/2012 Inv.120403 04/03/2012 Check 123816 Date Paid:04105/2012 Inv.120423 04/03/2012 Check 123817 Date Paid:04/0512012 Inv. Import - 1344 04/04/2012 Check 123818 Date Paid:04/05/2012 Inv. Import - 1346 04/04/2012 Check 123819 Date Paid:04/05/2012 Page 1 of 14 City of Wayzata Tabs for units 181,191,192,1018,1703 Shawn Grande Postage/ins to return item Hennepin Co Chiefs of Police 2012 4 Memberships/Mike,Dan,Craig,Jeff Chris Kuklok 3.26/3.29.12 4 lunch mactac instruction Kevin Mastey Reimb Class C water test 3.6.12 parking St Cloud training 3.13/3.15.12 102 Mileage /Un of MN Minnesota POST Board 21 Peace Officer license renewals - MN Dept of Public Safety 2006 GMC undercover tax/plates,sales tax Daniel Plekkenpol Ref Comedy Night&Hospitality/MN Chiefs PD conf Austad, Donna Park and Rec Refund Austad, Donna Park and Rec Refund Hulst, Jennifer Amount: $210.00 210.00 Amount: $325.50 325.50 Amount: $64,214.61 562.19 1.30/3.2.12 All Wells/Trtmnt Plnts 3,341.83 5,469.15 25,352.75 Amount: $459.20 68.35 73.97 148.12 168.76 Amount: $1,200.00 1,200.00 Amount: $62.72 62.72 Amount: $55.00 55.00 Amount: $27.75 27.75 Amount: $325.00 325.00 Amount: $39.30 39.30 Amount: $93.61 32.00 5.00 56.61 Amount: $1,890.00 1,890.00 Amount: $782.51 782.51 Amount: $50.00 50.00 Amount: $1.00 1.00 Amount: $1.00 1.00 Amount: $76.00 Page 8 4/18/2012 Inv. Import - 1350 04/04/2012 Park and Rec Refund Check 123820 Date Paid:04/05/2012 Inv. Import - 1348 04/04/2012 Check 123821 Date Paid:04/05/2012 Inv. Import - 1343 04/04/2012 Check 123822 Date Paid: 04/05/2012 Inv. Import - 1345 04/04/2012 Check 123823 Date Paid: 04/05/2012 Inv. Import - 1349 04/04/2012 Check 123824 Date Paid: 04/05/2012 Inv. Import - 1347 04/04/2012 Check 123825 Date Paid: 04/12/2012 Inv. A88731 03/07/2012 Inv. A88769 03/16/2012 Inv. A88785 03/19/2012 Inv. A88814 03/22/2012 Inv. A88815 03/21/2012 Check 123826 Date Paid:04/12/2012 Inv.1242096 03/29/2012 Check 123827 Date Paid:04/12/2012 Inv. 8788 03/19/2012 Check 123828 Date Paid:04/12/2012 Inv. 00171591 03/21/2012 Check 123829 Date Paid:04/12/2012 Inv. 119571 03/27/2012 Check 123830 Date Paid:04/12/2012 Inv.021243313 03/22/2012 Check 123831 Date Paid:04/12/2012 Inv. WO7533371 02/07/2012 Inv. WO759733 03/08/2012 Inv. WO7614811 03/16/2012 Check 123832 Date Paid:04/12/2012 Inv.43635 03/15/2012 Check 123833 Date Paid:04/12/2012 Inv.0146466 03/30/2012 Check 123834 Date Paid:04/12/2012 Inv. 615927 03/22/2012 Check 123835 Date Paid:04/12/2012 Inv.120329 03/29/2012 Check 123836 Date Paid:04/12/2012 Inv. 269318 03/22/2012 Johnson,Jack Park and Rec Refund Miller, Jaclyn Park and Rec Refund Strickler, Jane Park and Rec Refund Warner, Rita Mary Park and Rec Refund Wellington Home Improvements Park and Rec Refund Ace Lock & Safe Co Inc repair outside gate cylinder PCC -door latch not working PCC-cabinette locks Lancaster & Natha Lane Well House IC Rink A interior door repair Acme Tools Small tools Action Fleet Inc Hole Plug American Fastener Supplies - trim panel/flex expansion plugs Aspen Mills 6 FF Extrication suits Batteries Plus 1 Ray Pro Battery Bertelson Total Office Solutions Sheet protectors Flash Drive supplies - dry erase markers/legal pad/dry eraser Bob's Wood Specialties Inc PCC new counters in restrooms Bolton & Menk Consulting Engineers 2.18/3.2.12 Wells 10 & 14 Rehab Boyer Trucks parts - Plug/Rubber Plug/Scotseal C S McCrossan Construction Inc 12 10'J Barier Cadd/Engineering Supply Inc Misc - Coded Bond Check 123837 Date Paid:04/12/2012 CenturyLink Inv. E2325760412 04/01/2012 Apr'12 E23.2576 Inv. E4404790412 04/01/2012 Apr'12 E44.0479 Inv. E4404930412 04/01/2012 Apr'12 E44.0493 Page 1 of 14 76.00 Amount: $4.00 4.00 Amount: $112.00 112.00 Amount: $4.00 4.00 Amount: $4.00 4.00 Amount: $100.00 100.00 Amount: $2,031.69 284.70 110.00 254.75 231.03 1,151.21 Amount: $199.80 199.80 Amount: $26.72 26.72 Amount: $40.08 40.08 Amount: $2,054.00 2,054.00 Amount: $101.52 101.52 Amount: $132.86 22.80 48.08 61.98 Amount: $3,974.00 3,974.00 Amount: $320.00 320.00 Amount: $20.20 20.20 Amount: 1,282.50 1,282.50 Amount: 229.51 229.51 Amount: 1,106.63 107.95 539.71 458.97 Page 9 4/18/2012 Check 123838 Date Paid:04/12/2012 Cherry Valley Fire Protection District Amount: $300.00 Inv. 120520 04/11/2012 5.18/5.20.12 Regional extracation competetion $300.00 registr Check 123839 Date Paid:04/12/2012 Inv. 143601 03/22/2012 Check 123840 Date Paid:04/12/2012 Inv.120326 03/26/2012 Clarey's Safety Equip. Co halogen light Communities in Collaboration Council 2012Social Service Funding Check 123841 Date Paid:04/12/2012 Community Mediation Services Inv. 338 03/01/2012 2012 Mediaton Services Check 123842 Date Paid:04/12/2012 Cretex Concrete Products North Inc Inv. S000025560 03/19/2012 Concrete structures Inv. S000025565 03/21/2012 Concrete structures Check 123843 Date Paid:04/12/2012 Data Recognition Corporation Inv. 206MAR12 04/03/2012 Mar'12 UB Postage Check 123844 Date Paid:04/12/2012 Dehn Tree Company Inv. 766 03/26/2012 22 Ground stumps Check 123845 Date Paid:04/12/2012 DSS Commercial Inc Inv. 15977 04/05/2012 Mar'12 Var Metrolink shelters rubbish removal Check 123846 Date Paid:04/12/2012 Inv. 120331 03/31/2012 Check 123847 Date Paid:04/12/2012 Inv. 00984951N 03/19/2012 Check 123848 Date Paid:04/12/2012 Inv. 00120741 N 03/21/2012 Check 123849 Date Paid:04/12/2012 Inv. 120331 03/31/2012 Check 123850 Date Paid:04/12/2012 Inv.468339 03/21/2012 E H Renner & Sons Proj10024 #5 Deep Well 17 Earl F. Andersen Inc. 12 12",37 10'tubular post Electrical Installation & Mnt Vicksburg/Schmit rplc signal syst batteries eQuality Pathways to Potential Mar'12 PCC Janitorial Esch Construction Supply Inc Concrete & Asphalt blades Check 123851 Date Paid:04/12/2012 ESS Brothers & Sons Inc Inv. RR1203 03/20/2012 6 12x50, 12 6x50 gator wrap Inv. RR1204 03/20/2012 35 360D x 12 External Infi-Shield Seal Amount: 65.49 65.49 Inv. S01349239002 Amount: 5,298.00 5,298.00 Inv. S01352461001 Amount: 3,690.00 3,690.00 Inv. S01353047002 Amount: 819.20 395.97 Inv. S01353513002 423.23 Star VB Extention Amount: 3,587.19 3,587.19 Cr S01351958001 1 16 MJ DI SB Gland Amount: 1,284.37 1,284.37 Misc-Star VB bottom/top/lid/extention Amount: 900.53 900.53 Star VB Extention Amount: 42,004.25 42,004.25 Amount: 1,358.43 1,358.43 CC/PS Kitchens stripped/waxed Amount: 3,050.00 3,050.00 Terrazzo floors scrubbed,waxed,buffed/CC,PS Amount: 416.81 416.81 CC Stairway refinished Amount: 2,265.75 2,265.75 Amount: $7,299.56 2,436.75 4,862.81 Check 123852 Date Paid: 04/12/2012 Ferguson Enterprises Inc Amount: $2,630.12 Inv. S01349239002 03/16/2012 Misc-plug fusion/rubber gskt 334.41 Inv. S01352461001 03/19/2012 Misc- cable conducter/Gskt/pipe 535.88 Inv. S01353047002 03/19/2012 Misc-Star VB bottom/top/lid/extention 359.87 Inv. S01353513002 03/21/2012 Star VB Extention 532.67 Inv. S01354102001 03/26/2012 Cr S01351958001 1 16 MJ DI SB Gland 25.25) Inv. S10353047001 03/19/2012 Misc-Star VB bottom/top/lid/extention 359.87 Inv. S10353513001 03/21/2012 Star VB Extention 532.67 Check 123853 Date Paid:04/12/2012 Fidelity Building Services Inc Amount: $1,813.94 Inv. 00626221N 03/23/2012 CC/PS Kitchens stripped/waxed 468.11 Inv. 00626231N 03/23/2012 Terrazzo floors scrubbed,waxed,buffed/CC,PS 1,111.77 Inv. 00626241N 03/23/2012 CC Stairway refinished 234.06 Check 123854 Date Paid:04/12/2012 Inv.80883 02/08/2012 First State Tire Recycling Dispose car tires,light truck tires Amount: $70.20 70.20 Page 10 Page 1 of 14 4/18/2012 Check 123855 Date Paid:04/12/2012 Flexible Pipe Tool Co. Inv. 15067 03/16/2012 Extention poles for tools Check 123856 Date Paid:04/12/2012 G&K Services Inc Inv. 1006646570 03/19/2012 3.19.12 Rug service Inv.1006655543 03/23/2012 Uniforms Check 123857 Date Paid:04/12/2012 Inv. 9782073341 03/19/2012 Inv.9782565288 03/20/2012 Inv.9784567100 03/22/2012 Inv.9784757297 03/22/2012 Inv.9786007600 03/23/2012 Inv.9786274804 03/23/2012 Inv.9786274812 03/23/2012 Check 123858 Date Paid:04/12/2012 Inv.122553 03/30/2012 Check 123859 Date Paid:04/12/2012 Inv. 7669061 03/16/2012 Check 123860 Date Paid:04/12/2012 Inv. 091067 03/02/2012 Inv. 091083 03/03/2012 Inv. 091107 03/06/2012 Inv. 091242 03/14/2012 Inv. 091312 03/19/2012 Inv. 091357 03/20/2012 Inv. 091426 03/22/2012 Check 123861 Date Paid:04/12/2012 Inv.600162557 03/19/2012 Grainger sea lant/siIicon e/pleated air filter dehumidifier supplies -bin box/safety eyewear cable ties/cabletie Supplies -lamp holder supplies-tag/blank brass supplies-lamp/plug in Amount: $208.41 208.41 Amount: $435.24 90.06 345.18 Amount: $1,257.94 246.37 779.44 61.85 46.07 23.02 32.87 68.32 Green Lights Recycling Inc Amount: $139.45 PM 138 High intensity discharge lamps recycle $139.45 Hach Company Misc - Alkaline Cyanide/Pipet tip Hamel Lumber Inc supplies -drill bits/ supplies- supplies-bolt/nut supplies-wrench/bolts/nuts supplies -stain supplies -mailbox supplies -concrete mix Hillyard Inc - Minneapolis Liners Check 123862 Date Paid:04/12/2012 Kristina Holtmeyer Inv. 120326 03/26/2012 Mar'12 Odyssey of the Mind coaching Inv. 12040212 04/02/2012 Jan-Mar'11 Odyssey of the Mind expenses Check 123863 Date Paid:04/12/2012 Inv.120328 03/16/2012 Check 123864 Date Paid:04/12/2012 Inv.120302 03/02/2012 Inv.120302A 03/02/2012 Check 123865 Date Paid:04/12/2012 Inv. S100087297001 03/22/2012 Check 123866 Date Paid:04/12/2012 Inv. 3020 04/01/2012 Check 123867 Date Paid:04/1212012 Inv. 8090 03/16/2012 Check 123868 Date Paid:04/12/2012 Inv.00128899 03/27/2012 Check 123869 Date Paid:04112/2012 Inv. 120316 03/16/2012 Page 1 of 14 Home Depot Misc - Supplies Interfaith Outreach&Comm.Ptnrs 2012 Social Services Funding 2012 CONECTA Social Services Funding J H Larson Electrical Co Duct Seal for Traffic Signals J Jenson Enterprises Inc Mar'12 Snowplowing Kidd Plumbing Inc Misc - parts & labor Lakeshore Communications LLC Rain Garden workshop ad Amount: $442.83 442.83 Amount: $175.94 55.53 6.81 4.45 31.86 26.17 31.41 19.71 Amount: $320.03 320.03 Amount: $426.06 300.00 126.06 Amount: $3,410.81 3,410.81 Amount: $27,642.00 18,552.00 9,090.00 Amount: $30.92 30.92 Amount: $400.00 400.00 Amount: $558.58 558.58 Amount: $152.00 152.00 Steve Larson Amount: $84.25 3.11/3.16.12 Meals Tulsa OK Desert Snow trng $84.25 Page 11 4/18/2012 Check 123870 Date Paid:04/12/2012 LexisNexis Risk Data Management Inc Inv. 10345582012033 03/31/2012 Mar'12 LexiNexis Check 123871 Date Paid:04/12/2012 Lowe's Inv. 911543 03/23/2012 Misc-tee/bulbs/tubing/ Inv. 911634 03/15/2012 Misc - Ext. tubes/Plugs Inv. 923181 03/02/2012 swivel trigger snap Check 123872 Date Paid:04/12/2012 MacQueen Equipment Inc Inv. S12131 03/19/2012 Unit 230 labor & parts Check 123873 Date Paid: 04/12/2012 Metro Fire Inv. 43762 03/21/2012 Gear Grid Lockers Check 123874 Date Paid: 04/12/2012 Missions Inc Inv. 120302 03/02/2012 2012 Home Free Domestic Assault 03/12/2012 Inv.281302 Intervention funding Check 123875 Date Paid: 04/12/2012 MN Fire Serv.Certification Brd Inv. 20120323084415 03/23/2012 20 Recertification fire certifications Check 123876 Date Paid:04/12/2012 Mobile Lock And Safe Co. Inv. 04959 03/07/2012 supplies -sectional keys Inv. 04974 03/07/2012 Supplies -5 Ace Check 123877 Date Paid:04/12/2012 Inv.83054100 03/20/2012 Check 123878 Date Paid:04/12/2012 Inv.279530 03/02/2012 Inv.279534 03/02/2012 Inv.279539 03/02/2012 Inv.280103 03/07/2012 Inv.280155 03/07/2012 Inv. 280221 03/08/2012 Inv.280370 03/09/2012 Inv.280742 03/12/2012 Inv.281302 03/15/2012 Inv.281988 03/20/2012 Inv.282012 03/20/2012 Inv.282889 03/26/2012 Inv.282943 03/26/2012 Inv.283335 03/29/2012 Check 123879 Date Paid:04/12/2012 Inv. 51026P 04/06/2012 Check 123880 Date Paid:04/12/2012 Inv. 602124383001 03/16/2012 Inv. 602423993001 03/20/2012 Inv. 602441991001 03/20/2012 Inv. 602442025001 03/21/2012 Inv. 602694404001 03/21/2012 Inv. 602754960001 03/22/2012 Inv. 602858902001 03/22/2012 Check 123881 Date Paid:04/12/2012 Inv. DV12030450 03/31/2012 MTI Distributing Inc damper/skid-bumper deck NAPA Geniune Auto Parts Co Hose battery/core dpst-inv#279534 core dpst refund -Inv#279534 Met Fuse/Leads/clip brake rotor-rear/2003 Chev Tahoe adapter grease gun brake pads-rear/03 Chev Tahoe hose 89 Chev Truck -knock sensor battery napagold air filter battery Bulb (2) Robert Nesbitt 3.26/4.6.12 MN Joint Analysis Office Depot wall file stackable/folders Duster supplies - letter holder desktop Calculator supplies- square adhesive supplies- folders/Grip pen/pen refills/batteries adhesive spray Office of Enterprise Technolog Mar'12 Wide Area Network Amount: $119.75 119.75 Amount: $90.63 21.13 59.33 10.17 Amount: $1,806.28 1,806.28 Amount: $1,204.00 1,204.00 Amount: $29,700.00 29,700.00 Amount: $280.00 280.00 Amount: $38.62 9.23 29.39 Amount: $227.54 227.54 Amount: $888.92 16.55 103.66 12.83) 140.51 106.85 12.76 57.26 183.79 11.50 42.74 89.76 41.28 51.29 43.80 Amount: $2,128.00 2,128.00 Amount: $138.64 14.42 20.17 3.64 5.54 7.03 75.35 12.49 Amount: $90.00 90.00 Page 12 Page 1 of 14 4/18/2012 Check 123882 Date Paid:04/12/2012 Inv. A450430 03/31/2012 Inv. A450431 03/31/2012 Inv. A450432 03/31/2012 Inv. A450433 03/31/2012 Inv. A450434 03/31/2012 Inv. A450435 03/31/2012 Inv. A450436 03/31/2012 Inv. A450437 03/31/2012 Inv. A450438 03/31/2012 Inv. A450439 03/31/2012 Inv. A450440 03/31/2012 Inv. A450441 03/31/2012 Inv. A450442 03/31/2012 Inv. A450452 03/31/2012 Inv. A450644 03/31/2012 On Site Sanitation Amount 3.26/3.30.12 Bass Lk Playfield 8.59 3.3/3.30.12 Dog Park 48.09 3.26/3.30.12 East Medicine Lk 8.59 3.26/3.30.12 Elm Crk Plyfld 2ADA,2Reg 46.77 3.26/3.30.12 Oakwood Plyfld 2 Reg 16.22 3.3/3.23.12 1 Reg, 3.24/3.30.12 1 R, 3.26/3.30.12 121.77 1 ADA,4Reg 02/29/2012 3.26/3.30.12 Parkers Ik Plyfld 2Reg 17.18 3.16/3.30.12 Plym Crk 2ADA,3.26/3.30.12 107.82 2Reg Date Paid:04/12/2012 3.3/3.30.12 Ridgemount Plyfld 1 Re 48.09 3.26/3.30.12 W Med Lake 2ADA 30.55 3.26/3.30.12 Yard Waste 8.59 3.26/3.30.12 Zachary Plfyd 2ADA 30.55 3.28/3.30.12 Zach Plyfld #1&2 2Reg each 19.46 3.3/3.30.12 Public Works 1 Reg 48.09 3.26/3.30.12 Middle Schl 2ADA,2Reg 46.77 Check 123883 Date Paid:04/1212012 Owens Companies Inc Inv. 72652 03/14/2012 repair -copper tubing leak Inv. 72983 03/19/2012 Boiler in Alarm -reset & test Check 123884 Date Paid:04/1212012 Inv.120323 03/23/2012 Check 123885 Date Paid:04/12/2012 Inv. 953691 03/22/2012 Check 123886 Date Paid: 04/12/2012 Inv.258617 03/21/2012 Check 123887 Date Paid: 04/12/2012 Inv. 20121 02/29/2012 Check 123888 Date Paid:04/12/2012 Inv. 6837082 01/01/2012 Check 123889 Date Paid:04/12/2012 Inv.301347000 03/22/2012 Check 123890 Date Paid:04112/2012 Inv.120326 03/26/2012 Check 123891 Date Paid:04/12/2012 Inv.04816605862 03/30/2012 Plymouth Automotive Inc. 3.23.12'01 Ford Expedition tow Precision Tune & Auto Care Unit 003 fuel pump Printers Service Inc Ice Knife Sharp PRISM 2012 Social Services Funding Reach For Resources Inc 2012 Social Services Funding Reinders Inc seed blend Room to Breathe 3.26.12 Yoga Class Roto -Rooter 3.23.12 4120 Berkshire Ln video inspect Check 123892 Date Paid:04/12/2012 Jeff Sandino Inv. 120220 02/20/2012 2.20.12 Tex Mex #16 Inv. 120327 03/27/2012 3.27.12 Traditional Southern Italian Check 123893 Date Paid:04/12/2012 Inv. 120301A 03/01/2012 Check 123894 Date Paid:04/12/2012 Inv. 120301B 03/01/2012 Check 123895 Date Paid:04/12/2012 Inv.66025 03/19/2012 Senior Community Services 2012 Senior Outreach Program funding Senior Community Services 2012 HOME Program funding SGC Horizon LLC Proj12007 3.19.12 Legal notice Check 123896 Date Paid:04/12/2012 Sherwin Williams Page 1 of 14 607.13 Amount: 607.52 448.52 159.00 Amount: 176.19 176.19 Amount: 371.52 371.52 Amount: 18.00 18.00 Amount: 12,600.00 12,600.00 Amount: 10,000.00 10,000.00 Amount: 97.26 97.26 Amount: 160.00 160.00 Amount: 149.81 149.81 Amount: 275.00 175.00 100.00 Amount: 13,050.00 13,050.00 Amount: 5,670.00 5,670.00 Amount: 99.75 99.75 Amount: $225 7APip 13 4/18/2012 Inv.64783 03/15/2012 paints Check 123897 Date Paid:04/12/2012 Sun Newspapers Inv. 1367127 03/22/2012 Publish- Assessment Check 123898 Date Paid:04/12/2012 Supreme Building Maintenance Inv. 031212 03/01/2012 Mar'12 Station 73 Cleaning service/supplies Inv. 031312 03/01/2012 Mar'12 Cheshire Pkwy cleaning services Check 123899 Date Paid:04/12/2012 Inv. 4659773110412 04/02/2012 Check 123900 Date Paid:04/12/2012 Inv.50950000412 04/13/2012 Check 123901 Date Paid:04/12/2012 Inv.120328 03/28/2012 T Mobile Apr'12 UT GPS TDS Metrocom Apr'12 509.5000 Land Lines Teens Alone 2012 Counciling services Check 123902 Date Paid:04/12/2012 Titan Machinery Inc Inv. 9F00401A 03/06/2012 3.2/3.29.12 Skidwheel rental Inv. 9R00730 03/21/2012 Repairs to ASV #233 Check 123903 Date Paid:04/12/2012 Inv.387695 03/21/2012 Inv.387845 03/22/2012 Check 123904 Date Paid:04/12/2012 Inv. 6022 03/19/2012 Check 123905 Date Paid:04/12/2012 Inv. SV121710 03/20/2012 Check 123906 Date Paid:04/12/2012 Inv. 0238121 03/29/2012 Check 123907 Date Paid:04/12/2012 Inv.120306 03/06/2012 Check 123908 Date Paid:04/12/2012 Inv.2720875734 03/25/2012 Check 123909 Date Paid:04/12/2012 Inv.120402 04/02/2012 Check 123910 Date Paid:04/12/2012 Inv. 238211 03/20/2012 Toll Company Propane gas cylinder Supply - propane cylinders Total Control Systems Inc 3.6.12 SCADA syst maint Trans -Alarm Inc Well 15 pipe broken/frozen Truck Utilities & Mfg. Inc. Truck racks Van Iwaarden Associates FF Relief Assoc 1/2 Actuarial thru Feb'12 Verizon Wireless Mar'12 Charges Veterinary Center on Main 4.2.12 Stryker Vet visit Village Chevrolet Co. Parts - Cap Check 123911 Date Paid:04/12/2012 W D Larson Companies LTD Inc Inv. F220790037 03/19/2012 Filters Inv. F220800020 03/20/2012 Filters/kit oil filter Check 123912 Date Paid:04/12/2012 Inv. 3114 04/03/2012 Check 123913 Date Paid:04/12/2012 Inv. 1200983 03/31/2012 Check 123914 Date Paid:04/12/2012 Inv. 51472281600312 03/27/2012 Inv.51509749550312A plyfld$1,160.58 Inv. 51554915750312 03/27/2012 Inv. 51618204530312 03/27/2012 Page 1 of 14 Water Conservation Services Inc 3.12.12 Leak Detection services Wenck Associates Inc Proj11022 Thru 3.31.12 Four Seasons Feasibility Study Xcel Energy 2.15/3.19.12 2 Water Towers 04/03/2012 2.14/3.19.12 6 Lift Stations 2.13/3.19.12 Traffic Signals 225.24 Amount: $56.95 56.95 Amount: $1,002.49 779.12 223.37 Amount: $47.71 47.71 Amount: $2,661.65 2,661.65 Amount: $1,800.00 1,800.00 Amount: $4,340.86 1,068.75 3,272.11 Amount: $186.22 19.93 166.29 Amount: $543.70 543.70 Amount: $351.00 351.00 Amount: $984.11 984.11 Amount: $1,750.00 1,750.00 Amount: $278.51 278.51 Amount: $99.98 99.98 Amount: $147.89 147.89 Amount: $181.75 23.15 158.60 Amount: $235.30 235.30 Amount: $1,217.30 1,217.30 Amount: $68,515.74 76.29 2.1/3.14.12 Parkers plyfld,Plymouth 702.09 2,447.74 Page 14 4/18/2012 Inv.51626172430312A Check 123915 Date Paid:04/12/2012 Inv.54102739 02/17/2012 Inv.54102893 03/22/2012 03/30/2012 PCC/FH,HS,CC, PS, FS3,Residential Street lights Zee Medical Service PW Medical resupplie Medical resupplies Check 123916 Date Paid:04/12/2012 Erbert & Gerberts Subs Inv. 120406 04/11/2012 4.13.12 Yard&Garden sandwiches Check 123917 Date Paid:04/12/2012 Steven Juetten Inv. 120630 04/10/2012 Apr-Jun'12 1/2 qtr Rotary lunches Check 123918 Date Paid:04/12/2012 Inv. 2012-00000088 04/06/2012 Check 123919 Date Paid:04112/2012 Inv. 2012-00000089 04/06/2012 Check 123920 Date Paid:04/12/2012 Inv. 2012-00000090 04/06/2012 Check 123921 Date Paid:04/12/2012 Inv.120405 04/05/2012 Check 123922 Date Paid:04/12/2012 Inv. 120417 04/17/2012 Law Enforce Labor Serv./Union DUES POL - Police Union Dues MN AFSCME Council #5 DUES MTCE - Maintenance Union Dues* MN Child Support Payment Ctr CHD SUP% - Child Support Percentage* Susan Muelken 2.6/4.5.12 96 Mileage Reimb Pioneer Photography Inc 4.17.12 Mississippi River program Check 123923 Date Paid:04/12/2012 Tammy Ward Inv. 120229 02/29/2012 2012 MN Assoc of Criminal Intell Membership reimb Check 123924 Date Paid:04/12/2012 Inv. Import - 1352 04/11/2012 Check 123925 Date Paid:04/12/2012 Inv. Import - 1353 04/11/2012 Check 123926 Date Paid:04/12/2012 Inv. Import - 1351 04/11/2012 Check 123927 Date Paid:04/13/2012 Inv.120228 02/28/2012 Branham, Betty Park and Rec Refund Kendall, Eleanor Park and Rec Refund Oelke, Bev Park and Rec Refund Midwest Window & Siding Co 2345 Jonquil Ln Rehab Loan/install windows/door 2.14/3.15.12 $64,129.04 Amount: $321.76 195.14 126.62 Amount: $1,575.01 1,575.01 Amount: $97.50 97.50 Amount: $1,274.91 1,274.91 Amount: $2,385.99 2,385.99 Amount: $1,721.18 1,721.18 Amount: $53.28 53.28 Amount: $150.00 150.00 Amount: $25.00 25.00 Amount: $3.00 3.00 Amount: $6.00 6.00 Amount: $6.00 6.00 Amount: $10,151.00 10,151.00 Check 123928 Date Paid: 04/13/2012 Metropolitan Council Amount: $98,336.70 Inv. 120331 03/31/2012 Mar'12 Sewer Availability Charge 98,336.70 Check 123929 Date Paid:04/13/2012 Postmaster Amount: $3,000.00 Inv. 120410 04/13/2012 Bulk Postage Permit 1889 Deposit Plymouth 3,000.00 News Total Payments: 214 Total Amount Paid: $886,134.33 Page 15 Page 1 of 14 4/18/2012 Date: 4/18/12 H.M.S. Windows - Housing Assistance Payments Page: 0001 Time: 10:50:44 AM PAYMENT REGISTER -SUMMARY Q:\hmslreporfs%PAYSUM.QRP Bank Account Description/Account Number 3110681 Number Date Method Status Name Of Payee Total 0005752 4/I/12 Computer Ck. Paid Dmitriy Akerman 1,220.00 0005753 4/1/12 Computer Ck. Paid Simon Akerman 911.00 0005754 4/1/12 Computer Ck. Paid Ilya Alchits 934.00 0005755 4/1/12 Computer Ck, Paid The Place Apartments 2,747.00 0005756 4/1/12 Computer Ck. Paid Summer Creek Apts 1,780.00 0005757 4/1/12 Computer Ck, Paid Melair Associates LP DBA 0.00 0005758 4/1/12 Computer Ck. Paid Melair Associates LP DBA 26,849.00 0005759 4/1/12 Computer Ck. Paid Bass Lake Hills Townhomes, LP 1,661.00 0005760 4/1/12 Computer Ck. Paid Vladimir Begun 752.00 0005761 4/l/12 Computer Ck. Paid Bigos Willow Creek 0.00 0005762 4/1/12 Computer Ck. Paid Bigos Willow Creek 21,351.00 0005763 4/1/12 Computer Ck. Paid Bigos-Oakwood LLC 818.00 0005764 4/1/12 Computer Ck. Paid Hoa Chen 102.00 0005765 4/1/12 Computer Ck. Paid Esso Properties, LLC 1,291.00 0005766 4/1/12 Computer Ck. Paid Fernbrook Townhomes 8,325.00 0005767 4/1/12 Computer Ck. Paid Tim & ]lolly Flemming 720.00 0005768 4/1/12 Computer Ck. Paid Four Seasons Estates 15,887.00 0005769 4/1/12 Computer Ck. Paid Four Seasons Villa 444.00 0005770 4/1/12 Computer Ck. Paid Dean Halliwill 433.00 0005771 4/1/12 Computer Ck. Paid Amy Haugen 1,071.00 0005772 4/1/12 Computer Ck. Paid Andrew Heal 1,054.00 0005773 4/1/12 Computer Ck. Paid Heartland -Plymouth LkVwCommons 0.00 0005774 4/1/12 Computer Ck. Paid Heartland -Plymouth LkVwCommons 39,418.00 0005775 4/1/12 Computer Ck, Paid Robin Lea Hellmer 930.00 0005776 4/l/12 Computer Ck. Paid Paul Hintermeyer 475.00 0005777 4/1/12 Computer Ck. Paid Elena & Boris Iliarski 675.00 0005778 4/1/12 Computer Ck. Paid Eric Johansen 585.00 0005779 4/1/12 Computer Ck. Paid Joseph Palen 1,162.00 0005780 4/1/12 Computer Ck. Paid Barbie Jo Kalash 627.00 0005781 4/I/12 Computer Ck. Paid Gennadiy Kharam 511,00 0005782 4/1/12 Computer Ck. Paid Lancaster Village Partnership 6,362.00 0005783 4/1/12 Computer Ck. Paid Kathy LaPointe 627.00 0005784 4/1/12 Computer Ck. Paid Shawn Liu 228,00 0005785 4/1/12 Computer Ck. Paid Gregory Mazo 966,00 0005786 4/1/12 Computer Ck. Paid Joan M. Michaud 565.00 0005787 4/1/12 Computer Ck. Paid Klara Mints 1,154.00 0005788 4/1/12 Computer Ck. Paid Grant Moosbrugger 871.00 0005789 4/1/12 Computer Ck. Paid Park Place Apartments 832.00 0005790 4/1/12 Computer Ck. Paid Parkside Apartments 6,545.00 0005791 4/1/12 Computer Ck. Paid Plymouth Colony Apartments 8,729.00 0005792 4/1/12 Computer Ck. Paid Plymouth Ponds Ltd Partnership 15,117.00 0005793 4/1/12 Computer Ck. Paid Plymouth Pointe Apartments 455.00 0005794 4/1/12 Computer Ck. Paid Regency Pointe Apartment Homes I4,414.00 0005795 4/1/12 Computer Ck. Paid Ilya Roytelrnan 596.00 0005796 4/1/12 Computer Ck. Paid Paul Savariraj 1,106.00 0005797 4/1/12 Computer Ck. Paid Shenandoah Woods 12,328.00 0005798 4/1/12 Computer Ck. Paid Gopal B Shenoy 776.00 0005799 4/1/12 Computer Ck. Paid Plymouth Leased Housing Assoc 9,671.00 0005800 4/1/12 Computer Ck. Paid Dawa Tashi 566.00 0005801 4/1/12 Computer Ck, Paid Irina Turovskaya 566.00 0005802 4/1/12 Computer Ck. Paid Vicksburg Crossing 2,646.00 0005803 4/1/12 Computer Ck. Paid Vicksburg Commons 5,15I.00 0005804 4/1/12 Computer Ck. Paid Vladimir Voynov 792.00 Page 16 Date: 4/I8/12 H.M.S. Windows - Housing Assistance Payments Page: 0002 Time; 10:50:44 AM PAYMENT REGISTER -SUMMARY Q:1hmslreportslPAYSUM.QRP 0005805 4/1/12 Computer Ck. Paid Wellington Apartments Partnership 3,170.00 0005806 4/1/12 Computer Ck. Paid David Wick 1,092.00 0005807 4/1/12 Computer Ck, Paid Xiang Zhan 1,092.00 0005808 4/1/12 Computer Ck, Paid Dakota County Community Development Agen 868.91 0005809 4/1/12 Computer Ck. Paid Lake County Housing Authority 551.91 0005810 4/1/12 Computer Ck. Paid Metropolitan Council 1,238.00 0005811 4/I/12 Computer Ck. Paid Scott County CDA 979.91 0005812 4/1/12 Computer Ck, Paid St. Louis Park Housing Authority 42.91 0005813 4/1/12 Computer Ck. Paidr,- zyy;,JY1"1 d1 55.00 0005814 4/1/12 Computer Ck. Paid ll 63.00 0005815 4/1/12 Computer Ck. Paid ct i1 39.00 0005816 4/1/12 Computer Ck. Paid Lti tl < < 63.00 0005817 411/12 Computer Ck. Paid 16.00 0005818 4/1/12 Computer Ck. Paid 2.00 0005819 4/1/12 Computer Ck. Paid ti [ 20.00 0005820 4/1/12 Computer Ck. Paid til " .y 33.00 0005821 4/1/12 Computer Ck. Paid tt ` 40.00 0005822 4/9/12 Computer Ck, Paid Melair Associates LP DBA 554.00 0005823 4/9/12 Computer Ck. Paid Wayne Austin 778.00 0005824 4/9112 Computer Ck. Paid Bigos Willow Creek 748.00 0005825 4/9/12 Computer Ck, Paid Heartland -Plymouth LkVwCommons 1,846.00 0005826 4/9/12 Computer Ck. Paid Plymouth Colony Apartments 1,097.00 0005827 4/9112 Computer Ck. Paid Gopal B Shenoy 683.00 Total For Bank Account $238,868.64 Of Totals Transactions Computer Checks 389 $238,868.64 Manual Checks 0 $0,00 Direct Deposits 0 $0.00 Total For Bank: Total - All Bank Accounts Printed: $238,868.64 Page 17 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING APRIL 14, 2012 WHEREAS, a list of disbursements for the period ending April 14, 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 Adopted by the City Council on April 24, 2012 233,172.54 86,806.39 566,155.40 0.00 886,134.33 MEN -19.=9.0 1,125,002.97 Page 18 1. 2. 3. 4. rpCity of Plymouth Adding Quality to Life To: REGULAR COUNCIL MEETING Prepared by: April 24, 2012 Reviewed by: Agenda Number: Laurie Ahrens, City Manager Derek Asche, Water Resources Manager Doran Cote, Director of Public Works 6.03 Item: Adopt Ordinance Amending Section 725 of the City Code regarding Storm Drainage Systems ACTION REQUESTED: Adopt the attached Ordinance amending Section 725 of the City Code regarding Storm Drainage Systems. BACKGROUND: On June 14, 2011 staff submitted the required Storm Water Pollution Prevention Program (SWPPP) annual report to the Minnesota Pollution Control Agency (MPCA). The report summarized the City's SWPPP including City procedures regarding illicit discharge detection and elimination. After review by the MPCA, staff received notification concerning the effectiveness of City regulations to prohibit illicit discharges and connections to the storm sewer system as required in the Municipal Separate Storm Sewer (MS4) Permit. The MPCA requested an amendment to the City Code to improve procedures for illicit discharge detection and elimination and to be in compliance with the terms of the MS4 permit. On March 15, 2012 the EQC reviewed and approved draft changes to City Code Section 725 — Storm Drainage Systems based on model ordinances supplied by the MPCA. The changes were also submitted to MPCA staff for review. MPCA staff has reviewed the changes and believes they will bring the City into compliance with the terms of the MS4 permit. BUDGET IMPACT: Currently, staff already inspects 20% of the storm drainage system annually, however, the proposed notification and enforcement provisions are estimated to require funding of $5,000. ATTACHMENTS: Ordinance Page 1 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE 2012 - AN ORDINANCE AMEMDING SECTION 725 OF THE CITY CODE REGARDING STORM DRAINAGE SYSTEMS THE CITY OF PLYMOUTH ORDAINS: Section 1. Section 725 of the City Code is hereby amended as follows: 725.01. Storm Water Utility Established. A municipal storm sewer utility is hereby established and shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075 from which revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes. 725.02. Definitions. Unless the context clearly indicates otherwise, the following words or phrases have the meanings given in this Subdivision. A. MS4. Municipal Senarate Storm Sewer Svstem means a convevance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) owned and operated bX the City of Plymouth and designed or used for collecting or conveyi ng Storm Water. B. NPDES. The National Pollutant Discharge Elimination System PDES) is the program for issuing modifying, revoking, reissuing, terminating, monitoring and enforcing permits and imposing and enforcing pretreatment requirements under sections, 307, 318, 402 and 405 of the Clean Water Act, United States Code, title 33, sections 1317, 1328, 1342 and 1345. C. Pollutant. Anj4hing which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; refuse, rubbish,agrbage, or litter; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter. D. Non -Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water. A-. D. Residential Equivalent Factor (REF). One REF is defined as the ratio of the average volume of runoff generated by one acre of a particular land use to the average volume of runoff generated by 1/2 acre of typical single family residential land, assuming Soil Conservation Service (SCS) "Type B" soil conditions, during a standard 1 year rainfall event, as determined by the Public Works Director. E. Storm Water. Any surface flow, runoff, and drainage consistingentirely of water from any form of natural precipitation, and resulting from such precipitation. B F. Storm Water Utility Rate. The charge to a typical 1/2 acre single family residential parcel shall be the storm water utility rate. Page 2 725.03. REF For Land Uses. Storm water drainage fees for single family (detached) and duplex parcels shall be on a per parcel basis. These fees shall be calculated by multiplying the REF by the storm water utility rate. Storm water drainage fees for all other land uses shall be determined by multiplying the REF for the land use by the parcels' acreage and then multiplying the resulting product by the storm water utility rate. The REF values for various land uses are as follows: Land Use REF Per Parcel Single Family (Detached) & Duplex 1.00 Per Acre Multi -Family (Townhomes, Condominiums, and Apartments) 3.32 Commercial and Industrial 7.18 725.04. Other Land Uses. Land uses not listed in the foregoing table shall be evaluated individually based on the amount of impervious coverage and parcel size. Golf courses and regional parks will have their fees based on the amount of run-off produced by the impervious area of each parcel, not the total parcel size. 725.05. Storm Water Utility The storm water utility rates are set by Chapter X. Ord. 2007-06, 2/13/2007) 725.06. Appeals — Single -Family and Duplex. Appeals for single-family and duplex properties are generally not allowed. However, owners of single-family and duplex properties, with unique conditions or improvements (natural ponds, water quality ponds, drywells, minimal impervious coverage, etc.) may appeal their surface water fee. The City Manager, or designee, may adjust the REF for these parcels of land (by up to 75 percent) based upon the demonstration of run-off volumes substantially different from the standards used by the City. Land use data, sufficient to determine storm water runoff, must be supplied by the property owner(s) to demonstrate that a fee adjustment is warranted. Fee adjustments shall not be made retroactively. Appeals of the City Manager's determinations shall be made to the City Council. 725.065. Appeals —Other Properties. The City Manager, or designee, may adjust the REF for all parcels of land which are not single-family or duplex properties (by up to 75 percent) based upon the demonstration of run-off volumes substantially different from the standards used by the City. The area of parcels may also be reduced by the area of qualifying NURP ponds at normal water level. Land use data, sufficient to determine storm water runoff, must be supplied by the property owner(s) to demonstrate that a fee adjustment is warranted. Fee adjustments shall not be made retroactively. Appeals of the City Manager's determinations shall be made to the City Council. 725.07. Incentives. The City Council may adopt, from time to time, by resolution an incentive program which would allow for the reduction of fees for individual parcels of land. The maximum reduction for any parcel shall be 20 percent. Page 3 725.08. Exemptions. The following land uses are exempt from storm water utility fees. A. Public Rights -of -Way B. Vacant Land (e.g., undeveloped land, agricultural land without a dwelling) C. Railroad Rights -of -Way D. Unoccupied Public Land (e.g., open space, parks without permanently staffed structures) 725.09. Billingandnd Payment. Storm water utility charges shall be computed and billed periodically with, and included as a charge on, bills issued by the City for water, sewer, recycling or streetlight services. If a parcel of land subject to the storm water utility charge is not served by other utilities, a separate bill shall be issued every two months for residential properties and every one month for commercial properties. 725.10. Amount Due After Due Date. An amount equal to 10 percent of the unpaid current service charges shall be added to each account which is not paid by the due date as specified by the Finance Department. 725.11 Delinquent Bills. If storm water utility charges are not paid within three months after a billing is issued, the City shall certify the amount due, together with penalties, to the County Auditor to be collected with other real estate taxes on the parcel. 725.12. Establishment of Fund. All fees collected for the storm water utility shall be placed in a fund for storm water purposes as permitted by Minnesota Statutes, Section 444.075.(Ord. 2001-17, 6/12/2001) (Ord. 2002-34,1211712002) 725.13. Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: A. The following discharges are exempt from discharge prohibitions established b this ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing flows from riparian habitats and wetlands, dechlorinated swimming pool discharges City Code Section 740), and street wash water. B. Discharges or flow from fire fighting, or other dischargespecified in writing by the City as being necessary protect public health and safety C. The prohibition shall not apply to any non -storm water dischargepermitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency ( EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval from the City of Plymouth or State Agency has been granted for any discharge to the storm drain system. Page 4 725.14. Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. A. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. B. A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. C. Improper connections in violation of this ordinance must be disconnected and redirected at the owner or occupants cost, to an approved onsite wastewater management system or the sanitary sewer systempon approval of the City. D. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property, at the owner or occupant cost, upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City. 725.15 Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the City in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City within five business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. 725.16. Enforcement. It shall be unlawful for anv person to violate anv provision or fail to comply with any of the requirements of this ordinance. AU person who has violated or continues to violate the provisions of this ordinance may be subject to the enforcement actions outlined in Chapter XX of Plymouth City Code. In the event the violation constitutes an immediate danger to public health or public safety, the City is authorized to enter upon the subject private property, without aivina prior notice. to take anv and all measures necessary to abate the violation and/or restore the property at the owner's expense. Page 5 Section 2. Effective Date. This ordinance shall take effect upon its passage and publication. ADOPTED by the City Council on April 24, 2012. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 6 rp)City of Agenda 6 . 0 4PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician April 24, 2012 Reviewed by: Doran Cote, P.E. Director of Public Works Declare Costs and Set Assessment Hearing Item: 2011 Mill and Overlay and Watermain Replacement Project Lancaster Lane, 36th Avenue to County Road 9 City Project No. 11010 1. ACTION REQUESTED: Adopt the attached two resolutions declaring costs to be assessed, ordering preparation of proposed assessment roll and setting the assessment public hearing for May 8, 2012, for the 2011 Mill and Overlay and Watermain Replacement Project, Lancaster Lane City Project No. 11010. 2. BACKGROUND: The Lancaster Lane Mill and Overlay and Watermain Replacement Project, City Project No. 11010 included Lancaster Lane from 36th Avenue to a point approximately 950 feet south of Rockford Road. The watermain replacement portion of this project replaced the existing 8 inch ductile iron pipe watermain by pipe bursting methods and also replaced all valves, hydrants, service and hydrant leads. The mill and overlay portion of this project removed and replace the top 2 inches of pavement, replace damaged concrete curb and gutter, installed pedestrian ramps as needed and made repairs to utility structures. Costs being declared are only for the mill and overlay portion of this project. 3. BUDGET IMPACT: The total project cost included in the Preliminary Engineering Report for the mill and overlay portion of this project was $341, 287. The estimated total final project cost is $431,327.75 The City Council has adopted a policy for financing Mill and Overlay Projects with the City paying 60% and the benefiting property owners being assessed 40% of the total project cost. Relating the policy to this area and the configuration of its parcels, it is proposed that approximately $157,279.73 or 36% of the total project cost be assessed. 4. ATTACHMENTS: Project Location Map Proposed Assessments Resolutions (2) Page 1 M- Figure 1 Lancaster Lane Mill and Overlay and Watermain Replacement Project City project No. 11010 IV RD NO 9; Ir4s- AVE Page 2 FINAL ASSESS MENT ROLL Lancaster Lane Mill and Overlay Project 36th Avenue to Rockford Road City ProjectN OL 11010 lProreM- 11) 10wrierl 10wrier2 JAddress, Icity TDtalAcreage JA Es:bl A creagL I Est.Assessmerpt V ip.lz Fani ly L P. 4321 W. 2!d F tm=t St. -;'.'N 554- e 2.27 2.:7 5!,277.1, 0.32 4.32 74157 Atift: Becky 125 E. Ave. So. V1 54911 41".i 4.65 10,810.80 C-': 001 2nd Ave. So. 5E402 115 1.5 3,487.36 22-14-: 2001 SE 10th Sleet A R Te 1493 1423 34,478.22 241 52 N. 3WO Hwv- N 4.7 47 10,9,7.0-5 224'-:::- 3947 Excelsior Blvd. 455 4W 111,51082-7 7 2_24 2 TbePL Aparltn epts FOD5 Mt[t Street W. #'202 13.42 13.42 M.21311.2 22-44-:: Zar,;7 =%---r 56 Mth Sireet SW VN 55363 625 625 14,534.85 22-4-4-:: 1 GarvF 99 36th Sireet SW MN55363 6.75 6.75 15,493.10 2 -44-: Lar a Arnewt-_ LLP CPD CSM Corp. EOD Washingbn A. 3 YN 554115 8.01 9.01 18.M.48 0.00 7421 67.65 $157,279.73 Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL 2011 MILL AND OVERLAY AND WATERMAIN REPLACEMENT PROJECT LANCASTER LANE CITY PROJECT N0. 11010 WHEREAS, bids were received for the improvement of Lancaster Lane from 36th Avenue to a point approximately 950 feet south of County Road 9, by bituminous resurfacing of the street, replacement of concrete curb and gutter, driveway entrance repair, repairs to utility structures and all necessary appurtenances, and the contract price for such improvement is $374,864.58. Expenses incurred or to be incurred in the making of said improvement amount is $56,463.17, so that the total cost of the improvement will be $431,327.75. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City of Plymouth is hereby declared to be $274,048.02 and the portion of the cost to be assessed against benefited property owners is declared to be $157,279.73. 2. Assessments shall be payable in equal annual installments extending over a period of either 5 years, 10 years, or 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 2.44% percent for a 5 year term, 3.37% for a 10 year term, or 4.34% for a 15 year term per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and shall file a copy of such proposed assessment in the office for public inspection. 4. The Clerk shall upon completion of such proposed assessment notify the City Council thereof. Approved this 24th day of April, 2012. Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT 2011 MILL AND OVERLAY AND WATERMAIN REPLACEMENT PROJECT LANCASTER LANE CITY PROJECT N0. 11010 WHEREAS, by a resolution passed by the City Council on April 24, 2012, the City Clerk was directed to prepare a proposed assessment of the cost of improving Lancaster Lane from 36th Avenue to a point approximately 950 feet south of County Road 9, by bituminous resurfacing of the street, replacement of concrete curb and gutter, driveway entrance repair, repairs to utility structures and all necessary appurtenances; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A hearing shall be held on the 8th day of May, 2012 in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Approved this 24th day of April, 2012. Page 5 rp)City of Plymouth Addin3 Quality to Life REGULAR COUNCIL MEETING April 24, 2012 1. ACTION REQUESTED: Agenda 6.05Number: To: Laurie Ahrens, City Manager Prepared by: Sandy Engdahl, City Clerk Reviewed by: Dave Callister, Administrative Services Director Approve Temporary Liquor License for the Mount Item: Olivet Lutheran Church of Plymouth for an event on August 25 Adopt attached Resolution Approving Temporary Liquor License for Mount Olivet Lutheran Church of Plymouth, 12235 Old Rockford Road, for a church festival on August 25. 2. BACKGROUND: The City has received an application for a Temporary Liquor License from Mount Olivet Lutheran Church of Plymouth for a church festival on August 25. The event will run from 2:00 p.m. -10:00 p.m. and proceeds will go to PRISM. 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 MOUNT OLIVET LUTHERAN CHURCH OF PLYMOUTH WHEREAS, Mount Olivet Lutheran Church of Plymouth, 12235 Old Rockford Road, has applied for a Temporary Liquor License for a church festival on August 25; 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 Mount Olivet Lutheran Church of Plymouth is hereby approved for an event to be held on August 25. Approved this 24th day of April, 2012. Page 2 rp) City of Agenda 6.06 .O6PlymouthNumber: Add09 QuoPity to bfe To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer April 24, 2012 Reviewed by: Doran Cote, P.E., Director of Public Works Award Contract for Item: 2012 Sanitary Sewer Lining Project City Project No. 12007 1. ACTION REQUESTED: Adopt the attached resolution awarding the contract for the 2012 Sanitary Sewer Lining Project, City Project No. 12007. 2. BACKGROUND: On March 27, 2012, bids were publicly opened for the 2012 Sanitary Sewer Lining Project. A total of 6 bids were received at the following prices: Contractor Base Bid Insituform Technology 416,285.60 Lametti & Sons, Inc 464,797.00 Michels 475,107.00 Veit & Company 478,199.00 SAK Construction 480,549.00 Visu-Sewer, Inc. 574,172.00 Engineer's Estimate 443,964.00 The low bidder, Insituform Technologies USA, Inc. out of Chesterfield, MO, was 9% lower than the engineer's estimate. Engineering staff reviewed the information submitted by Insituform Technologies USA to comply with the bidder qualification criteria policy and finds the information acceptable. Insituform Technologies USA was the contractor for the 2011 Sanitary Sewer Lining Project in Plymouth. In addition, they have also worked in other communities such as Wayzata, Crystal, St. Michael and Richfield. Engineering staff feels that they are capable of constructing the project in accordance with the approved plans and specifications. Sewer flow metering will be conducted in an isolated segment of pipe before and after lining to measure the effectiveness of the sewer lining. 3. BUDGET IMPACT: This project is included in the 2012-2016 Capital Improvement Program (CIP) in the amount of $510,000. Based upon the lowest responsible bid we have received we now estimate the total project cost to be $437,100 including 5% for design, administration, legal and contingencies. Funding for this project comes from the Sewer Fund. Page 1 4. ATTACHMENTS: Project Location Map Resolution Page 2 A City of Plymouth Engineering Department February 2012 2012 Sanitary Sewer Lining City Project NO. 12007 Sewer to be lined Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO AWARD CONTRACT FOR THE 2012 SANITARY SEWER LINING PROJECT CITY PROJECT N0. 12007 WHEREAS, pursuant to an advertisement for bids for the 2012 Sanitary Sewer Lining Project, bids were received, opened and tabulated according to State law, and the following bids were received complying with the advertisement: Contractor Base Bid Insituform Technology 416,285.60 Lametti & Sons, Inc 464,797.00 Michels 475,107.00 Veit & Company 478,199.00 SAK Construction 480,549.00 Visu-Sewer, Inc. 574,172.00 Engineer's Estimate 443,964.00 WHEREAS, it appears that Insituform Technologies USA, Inc out of Chesterfield, MO is the lowest responsible bidder, complying with the minimum qualifications; and WHEREAS, the City Engineer recommends awarding the project to Insituform Technologies USA, Inc out of Chesterfield, MO. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the appropriate City Officials are hereby authorized and directed to enter into the contract for the bid with Insituform Technologies USA, Inc out of Chesterfield, MO in the name of the City of Plymouth for the 2012 Sanitary Sewer Lining Project 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 $416,285.60. FURTHERMORE, BE IT HEREBY RESOLVED, that the funding for this project shall be from the Sewer Fund in the amount of $437,100. Approved this 24th day of April, 2012. Page 4 rp)City of Agenda 6 . 0 7PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Derek Asche, Water Resources Manager April 24, 2012 Reviewed by: Doran Cote, P.E., Director of Public Works Approve Encroachment Agreement with the Minnehaha Item: Creek Watershed District Chelsea Woods/Mews Creek Restoration Project 1. ACTION REQUESTED: Adopt the attached resolution approving an encroachment agreement with the Minnehaha Creek Watershed District (MCWD) for the Chelsea Woods/Mews Creek Restoration Project. 2. BACKGROUND: The MCWD has requested an encroachment agreement for construction on portions of City owned platted utility and drainage easements over part of Lot 1, Block 1, Chelsea Woods Condominiums First Addition and Outlot B, Chelsea Woods Condominiums Third Addition. The MCWD is proposing a creek restoration project along 400 feet of eroded stream from the Steeplechase 3rd Addition to 18d' Avenue North. The MCWD received a grading permit on March 28, 2012 per the terms of the Memorandum of Agreement for this project. The encroachment agreement shall terminate upon completion of all work, including creek restoration and three years maintenance by the MCWD or January 1, 2016, whichever occurs first. Thereafter, the City shall be responsible for maintenance of the creek in accordance with the Memorandum of Agreement. 3. BUDGET IMPACT: There is no budget impact from approval of the encroachment agreement. 4. ATTACHMENTS: Location Map Encroachment Agreement Memorandum of Agreement (Exhibit A) MCWD Easement for stream restoration (permanent) and construction (temporary) (Exhibit B) Plan Sheet C-102 - Proposed Plan and Profile (Exhibit C) Resolution Page 1 General Project Area ' ENCROACHMENT AGREEMENT AGREEMENT made this day of , 2012, by and between the City of Plymouth, a Minnesota municipal corporation ("City'), and the Minnehaha Creek Watershed District, apolitical subdivision of the State of Minnesota (`District'). Recitals A. The City owns a utility easement over part of Lot 1, Block 1, Chelsea Woods Condominiums First Addition and a drainage and utility easement over part of Outlot B, Chelsea Woods Condominiums Third Addition, (collectively referred to as "City's drainage and utility easements.") B. The District is proposing to construct the Chelsea Woods/Mews Creek Restoration Project (0185-5025) on and within portions of the City's drainage and utility easements pursuant to the mutual responsibilities assumed by the City and District under the June 2, 2011 Memorandum of Agreement (MOA) (Exhibit A). C. The District owns an easement over all of Lot 1, Block 1, Chelsea Woods Condominiums First Addition and Outlot B, Chelsea Woods Condominiums Third Addition for the construction and placement of elements related to the Chelsea Woods/Mews Creek Restoration Project (0185-5025) (Exhibit B) (referred to as "District easement.") O A1ldIW- SLum Suver and Weser Creek-NYMM P(g3WL3lChelsen Woodr,Metivs Stream Ra3uration\Bncmachmm[ A& c cat.doea Page 3 NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by the parties as follows: 1. Encroachment Authorization. a. The City hereby approves the encroachment on the City's drainage and utility easements for the proposed Chelsea Woods/Mews Creek Restoration Project as shown on attached Exhibit C and described in the Specifications/Bid Documents for Chelsea Woods/Mews Creek Restoration Project 01855025, City of Plymouth, Hennepin County, Minnesota. This authorization only applies to encroachment onto the City's drainage and utility easements. The District shall be responsible for restoration of disturbed areas. b. The District hereby approves encroachment on the District easement for City maintenance work for the proposed Chelsea Woods/Mews Creek Restoration Project beginning three years after substantial completion. Upon the City's request the District timely will assign or convey the District's rights and responsibilities under the District easement to the City for the maintenance work. 2. Access for Maintenance. At all reasonable times, the City shall have access to the District Easement for the purpose of maintaining and repairing the City's drainage and utility easements. All such work by the City shall be consistent with the protection and maintenance of the Chelsea Woods/Mews Creels Restoration Project per the MOA. 3. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the City's drainage anal utility easements, the District, its successors and assigns, shall indemnify and hold the City harmless from any damage caused to City improvements within the 01Ut11 U&St SC\xrund%lcr Re umca%Wntenhu&Wimehaha CceeBXICWU ProjecLstChekea Wnads-hlcsys Slrcam RwuraliaMmmadment Agreemenufarx Page 4 City's drainage and utility easements to the extent caused by the District, its agents or its contractors. In consideration of being allowed to encroach on the District's easements, the City, its successors and assigns, shall indemnify and hold the District harmless from any damage caused to District improvements within the District's easements to the extent caused by the City, its agents or its contractors. 4. Termination of Agreement. This Encroachment Agreement shall terminate upon completion of all work, including but not limited to creek restoration and three years maintenance by the Minnehaha Creek Watershed District within the project area as described on Exhibit "C", or January 1, 2016 whichever first occurs. Paragraph 1(b) shall survive the termination date. CITY OF PLYMOUTH By: Kelli Slavik, Mayor Laurie Ahrens, City Manager MINNEHAHA CREEK WATERSHED DISTRICT By: James Calkins, President O_Ullillirsl I[ Scrver and Watsr RemurceS%WAtcr5hcdskiT Aabaha CY kWCWD YrnjmisSChtbg Woo4sMmys Stream Rrstanliod%racmochmmt Asr Mffl.dac Page 5 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was executed and acknowledged before me on this dayday of 20 , by Kelli Slavik and Laurie Ahrens, Mayor and City Manager, respectively, of the City of Plymouth, a Minnesota municipal corporation. STATE OF MINNESOTA SS COUNTY OF HENNEPIN Notary Public Th foregoing instrument was acknowledged before me this <; IJ day of i 20ja, b r: u 5 -C G`4 /15, THIS INSTRUMENT DRAFTED BY City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 1 Notary Public o V DAVID G. MANDT NOTARY PUBLIC-MINNEWTA yhj Gw'j's on E lne Jen. 91. Z414 s 0:111uitiesiS[mm Sew and Wa1wResources%Watashe&Minnchaha CreekVMCWDPrniec[s%CheLaea WaodfM¢vs Slump RestomiianlEvt=arhmmtAprcemeoLdom Page 6 MEMORANDUM of AGREEMENT MINNEHAHA CREEK WATERSHED DISTRICT and CITY OF PLYMOUTH GLEASON LAKE SUBWATERSHED PROJECTS The parties to this agreement are the City of Plymouth, a Minnesota municipal corporation Plymouth"), and the Minnehaha Creek Watershed District, a political subdivision of the State of Minnesota ("District") (together "the Parties"). Recitals A. The purpose of this agreement is to coordinate the design, construction, and maintenance of three projects providing for wetland .restoration, streambank stabilization and water quality improvement for a subwatershed area entirely within Plymouth and generally encompassing catchment areas GL -4 and GL -6 as they flow toward Gleason Lake ("Projects"). The Projects are shown in Exhibit A to this Agreement and described as follows: A wetland and habitat restoration south of Highway 55 ("Weiland Restoration"). Restoration and stabilization of a stream channel through the Chelsea Mews development by means of bioengineering, armoring and vegetation ("Channel Restoration"). Construction of a wetland for stormwater infiltration/filtration at County Road 6 and Dunkirk Lane ("Stormwater Wetland Construction" ). B. The District's watershed management plan (2007) includes the Projects in its capital improvement program for the Gleason Lake Creep subwatershed. On August 6, 2009, the District Board of Managers accepted a feasibility study for the Projects and ordered the commencement of design plan preparation. C. A partnership betweenPlymouth and the District is necessary for successful implementation of the Projects. Repair of the weir upstream of the Channel Restoration is needed before the Channel Restoration Project can be effectively undertaken. Plymouth is in the best position to manage and maintain elements of the surface water/stormwatcr convcyance system important to fulfilling the channel stability, water quality and ecologic goals for the Projects. THEREFORE, the parties agree as follows. Agreement 1. Term 1.1 This Agreements effective when executed by the Parties. Page 7 1.2. This Agreement terminates five years from the effective date, except that obligations under paragraph 3.4 and sections 5 and 9 will survive expiration. 2. District Duties and Responsibilities 2.1 The District will review Plymouth plans for repair/reconstruction of the weir as provided in paragraph 3.1 below and will approve the plans on its determination that they either conform in function to the plans previously approved by the District under permit #86-161 & #87-046 or adequately protect the designed stream channel restoration project while providing sufficient upstream water quality and rate control in a manner that does not adversely increase water levels on upstream properties. 2.2 The District will secure the design and const Action of the Projects. The District is responsible for .obtaining all easements, approvals and permits for the work and will provide for. the work to conform to local, state and federal requirements, all subject to and consistent with Plymouth duties and responsibilities in section 3, below. Easements secured by the District will accom.. nodate Plymouth maintenance responsibilities under this Agreement. On completion of each of the Projects, the District will certify compliance with plans and specifications and obtain record drawings. Ownership of any structural element within a proj ect will vest in Plymouth on substantial completion of that project. 2.3 The District will provide 30%, 90% and final plans to Plymouth and afford at least 30 days for Plymouth review of and concurrence in the.30% and 90% plans and 10 days for review of and concurrence in the final plans. 2.4 The District will maintain vegetative and bioengineered elements of each of the Projects for three years from the date the Project is substantially completed. At the end of that period, it will notify Plymouth to assume its long-term maintenance responsibilities in accordancewith section 3, below. 2.5 The District will begin work on the Channel Restoration once Plymouth has completed the weir repair sufficiently such that the District determines that the success of the Channel Restoration will not be impaired. The District will determine the timing of the Wetland Restoration and Stormwater Wetland Construction Projects, and retains the discretion'to modify the design of, or not proceed with, any part of those Projects on the basis of feasibility, environmental outcome, cost or other relevant considerations. In all matters concerning these Projects, the District will consult with Plymouth and the parties will work together to best achieve mutual public goals, 3. Plymouth Duties and Responsibilities 3.1 Plymouth will prepare plans to repair and/or reconstruct the weir above the Channel Restoration. On District concurrence in the plans, Plymouth will perform the repair/reconstruction in accordance with the lans. In addition, Plymouth will inspect and maintain the sedimentation pond south of 18t 1 Avenue in accordance with city pond maintenance policy as set forth in Resolution No. 2005102 (adopted March 8, 2005). Page 8 3.2 As necessary or convenient for the District's design, construction, signage and maintenance of the Projects, including ingress and egress, and at no cost, after Plymouth has concurred in final plans for aProject it will convey to the District temporary and permanent easements on property that it owns and will concur in easements to the District from private property owners where it holds drainage easement or other rights on the property in question. The Parties will cooperate in good faith in the easement terms to ensure that District and Plymouth interests are accommodated. 3.3 Plymouth will review and provide concurrence in District plans for the Projects in accordance with paragraph 2.3. Plymouth will develop a maintenance plan that preserves the design and function of the Channel Restoration and Stormwater Wetland Construction Project elements with concurrence by the District. The maintenance plan will be developed to preserve strearnbank stability and weir function; minimize erosion; limit invasive species establishment; and preserve water quality, rate control and volume control function of stormwater wetland. 3.4 On cessation of the District's maintenance period as defined in Section 2, above, Plymouth will maintain the Channel Restoration and Stormwater Wetland Construction Projectsin perpetuity pursu ant to the maintenance plan approved by the parties pursuant to paragraph 3.3 above and section 5 below and otherwise in accordance with the terms of easements, approvals and permits obtained for the Projects. 3.5 Plymouth will .exercise good faith and due diligence in processing any permits or approvals that it requires for the Projects. In accordance with Minnesota Statutes § 103D.33 5, subdivision 24, it will not charge permit fees to the District. Plymouth will provide reasonable assistance to the District with respect to public communication regarding the Projects and District acquisition of easements required for the work, The preceding sentence does not obligate Plymouth to sharing the cost of any easement or otheiwvise spending funds. 4. Costs Each party is responsible for the cost of all duties and responsibilities it performs under this Agreement. The District will own any wetland replacement or pollutant.toad reduction credits generated by the Projects. On Plymouth's request, the District will consider;allocating load reduction credits to Plymouth in proportion to prof ect costs (including maintenance costs) incurred by each party. 5. District Maintenance Without diminishing Plymouth's obligations as elsewhere stated in this Agreement, on 30 days' w4tten notice to Plymouth the District, at the District's cost, may perform maintenance on the Projects, Page 9 6. Independent Relationship Plymouth and the MCWD are independent entities in performing any action or discharging any responsibility under this Agreement. No manager, council member, employee, representative, agent, contractor or consultant of either party acts in any respect as the agent or representative of the other. Nothing in this Agreement constitutes the agreement of one party to be liable for an act of omission of the other within the meaning of Minnesota Statutes ;§ 471.59, subdivision la(a). This Agreement does not create a joint powers board under Minnesota Statutes .§ 471.59, subdivision 11. 7. Notices Any written communication required under this agreement shall be addressed to the other party as follows, except that the other party may change its address for notice by so notifying the other party in writing: Minnehaha Creek Watershed District: MCWD.Administrator 18202 Nf =etonka Blvd. Deephaven, MN 55391 City of Plymouth: [insert] 8. Assignment, Amendments, Waiver and Complete Contract 8.1 A party to this Agreement may not assign or transfer any Nights or obligations under this Agreement without the prior consent of the other party and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Agreement or their successors in office. 8.2 Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement or their successors in office. 8.3 If aparty fails to enforce. any provision ofthis Agreement, that failure does .not waive the provision or that party's rights to enforce it. 8.4 This Agreement contains all the negotiations and agreements between Plymouth and :the District. No other understanding regarding this Agreement, whether written or oral, may be used. to bind either party. 9. Indemnification and Liability Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and. other applicable law govern the parties' liability. A party's approval of or concurrence in the plans and specifications prepared by or on behalf of the other party is solely so that the first patty .can ascertain the nature and timing of its Page 10 own work. It does not in any respect constitute a certification or warranty to the other party, or any third party, of the plans and specifications. No action or inaction of a party under this Agreement creates a duty of care for the benefit of any third party. This Agreement creates no right in and waives no immunity, defense or liability limitation with respect to any third party or any other party to this Agreement. As between the parties, this Agreement creates remedies only in contract. In the event of any claims or actions filed against either party, nothing in this agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. Minnesota Statutes section 471.59, subdivision I shall apply. 10. Recitals Incorporated The recitals above are incorporated as binding terms of this Agreement. IN WITNESS WHEREOF, the parties hereto execute and deliver this Agreement. MINNEHAHA CREED WATERSHED DISTRICT By: Date: ,%utirr ,? , 2011 Yffies Calkins, President Approved as to Form and Execution Attoimey, Minnehaha Creek Watershed District CITY OF PLYMOUTH By: G Date: ' 2 , 2011 Kelli Slavik, Mayor By: t Date:.. ), : J , 2011 Lauric Ahrens, City Manager V Page 11 Stream Restoration Wetland Restoration County Rd. 6 Ponds Lake Feet Stream y 0 750 1,500 3,000 MINNEHAHA CREEK WATERSHED D157RIC7 Page 12 CITY OF PLYMOUTH RESOLUTION No. 2011-174 A RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH MINNEHAHA CREEK WATERSHED MANAGEMENT DISTRICT (MCWD) FOR THE CHELSEA WOODS/MEWS CHANNEL RESTORATION PROJECT CITY PROJECT No. 8113 WHEREAS, the City and MCWD desire to bring about improvements to the eroding channel in the Chelsea Woods/Mews neighborhood, and WHEREAS, MCWD :had prepared a Memorandum of Agreement for the channel restoration and a.number of other related items in the sub -watershed. NOW, TIEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Memorandum of Agreement for the Chelsea Woods/Mews Channel Restoration Project, City Project No. 8113, is hereby approved. Approved this 24th day of May, 2011. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Cleric of the City of Plymouth, Minnesota, certifies that I.compared the foregoing resolution adopted at a meeting of the Plymouth City Council on May 24, 2011, with the original thereof on file in my .office, and the same is a correct transcription thereof. WITNES h nd officials as such City Clerk and the Corporate seal of the City this olGf day of. il . city clerl". - Page 13 This cover sheet is how a permanent part of the recorded document. Page 14 s i Doc No~T4930186 Certified; filed and/dr recorded on I23I12 i'2 00 PM Office of`.the _Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V..Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 777520C boa Name: Easement Certified Copy of any $10.00 document DotumentRecflrd ing Fee . . . . $46.00 Document Total $56:00 Existina Eerts New Certs 49$36} fti rAT£ OF A. `VEL OTA, MUNTY 0f' viv',4Mcertifiedtobeatrueand .correct copyof theanginalonflfeandofrecordInmyofiica FFBv 2012 MARTIN MCCORIVICK, ACTING COUNTY CORDEIEGISTRAR OF TITLES By t?eput f This cover sheet is nnw a permanent part of the recorded document Page 15 Page 16 NOW, THEREFORE, in consideration of the payment of one dollar and other good and valnable consideration, and the mutual covenants and conditions set forth herein, the receipt and sufficiency .of which hereby are acknowledged, Owner conveys and warrant to the MCWD and the .MCWD accepts an easement of both a perpetual and a temporary .nature on the Burdened Property, as specifically set forth Herein. 1. Easement Description. The Permanent and Construction Easements are coincident with and burden the entirety of the Burdened Property Easement Area"). 2. MCWD's Constniction Easement Rights. The Construction Easement is a temporary easement on the Burdened Property to allow for construction activity within the Easement Area. Owner conve.yp to :the MCWD and its authorized representatives, agents, .contractors and subcontractors, until construction, demoUlizaton and sitestabilization are complete, the right to Us.e the Easeiutent Area for constructionpurposes, including but not limited to equipment staging and use; materials stoclpilit - the placement. ofconstrtictonrelated . ;stnictures; :and -the placement and anaintenance of erosion control and similar constnictio.n-,phase site measures. 3. MCWD's Permanent Easement Rights. Owner conveys to the MCWD the right in perpetuity to maintain the following, at the MCWD's .own cost and expense, within the Easement Area: a. Land Alteration, Modification of the streambed and banks and adjacent top of bank by excavation, grading and shaping. b. Flowage- and Filow :Management. Directed and redirected surface water flows, flooded of drained lands, wholly or partly, and otherwise- managed surface flows through the Easement Area. This does not include the right to increase flood elevation, :drain or redirect surface flows on or across any lands outside of the Easement Area. c, Rock, Biocnkineered Elements and Associated Structures. Rock, bioengineered elements :and associated sttlictiures for the purposes of stabilizing the channel and banks and providing hydraulic management within the channel. d. Vegetation. 'Vegetation within and adjacent to the channel for stabilization, water duality, Habitat and aesthetic Purposes, along with u;e right to manage the vegetation through ineans includiirg but not limited to replanting and reseeding, mowing, weeding, iise of approved herbicides and controlled burns. 2 Page 17 e. Signs. Signs stating that the Easement Area is subject to this easement and describing the Purposes to which it is ,dedicated. 3 Page 18 g. Trees, Shrinks and Other Vegetation. Owner will not remove, destroy, curt, mow or .otherwise alter veactation within the Easement Area, or apply fertilizers, herbicides or pesticides .on or to the Easement Area, except .with written MCWD approval and as reasonably required to prevent or control infestations, noxious weeds, disease, ire, ;personal injury or property damage., ,or to itrtprove the hydrological function and value of the water tesources within or associated with the Easement Area. 5. Recitations Incorporated. All recitations axe a dart of this agreement. G. No Public Access Granted. Nothing in this easement authorizes any pirhlic ;right .of access onto the Burdened Property. The light of entry conveyed to the. MCWD Lender this .easefxLent shall be limited to authorized MCWD representatives, agents, designees, contractors and sntheontraetors. 7. Oovner's Warranty. Owner warrants as follows: a. Authon toConvey. Owner has the Full powex to convey this easement accorcbng to. its ternLs..T'1us conveyance does not _constitute a default under any indenture, agreement, mot-tgage or other instrument to which either Owner is a party and does not contravene any 'taw to which either Owner is subject. b. Encumbrances. The Easement Area is free and clear of all encumbrances, including but not limited to mortgages. C. Pending Actions. No actions, suits or proceedings at law or in equity, administratively or otherwise, :have been instituted or threatened that affect the Easement Area. d. Liens. '1Va lienfor services or materials (mechanic's or materiahnen's lien) affects the Easement Area. e. Hazardwis Materials. Owner has'riot handled, stored or disposed .of any hazardous material on or affecting the Easement Area III violation of any federal, state or local law, and to the hest of Owner's knowledge no prior owner, tenant, occupant .or licensee of the Burdened Property has handled, stored or disposed of any hazardous material on or affecting the IEasement Area in violation of any federal, state or local lase, For the purpose of this paragraph, "hazardous material' means any asbestos, urea -for aldchyde foamed -in-place insula#ivn, polychlorinated biphenyl,. petroleum, crude oil or any other hazardous pollutant, 'wa.Ste, material or substance as defined in the federal Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Federal Resource Conservation :and Recovery Act of 197G, as amended, or the MitiAesota Environmental Response and Liability Act, as amended, 4 Page 19 6' f Page 20 14. -Insurance. - Owner and the MCWIi each remains solely responsible for tnaintaining.]iability and other insurance for its own uses of and authority aver the $urdened Property. 15. Waiver, A decision by either ;,party not to .exercise its tights of enforcer ent in the event of a breach of a term of :this easement is not a waiver of Such term, any a4bsequtent breach of the same or any other term, or any of the party's rights under. :this easement. The belay or failure to discover a breach of to exercise tightaf enforcement as ;to such breach does not impair or waive a party's rightsr of enforcement, all of which shall be cumulative and not exclusive, 16.. Acts be and Pa's Control,. A party will ;not •exercise fits right of oriforcement ;against the other party. for injiuy nt alteration to the $urdened Popetty resulting from: {a} a cause::.l}yond.°°the teasotable cotutrol of that party, .inchuding without limitation fire, flood, a precipitation event with a statistical tecutrence-interval. of .100 years or. wore, storm; and earth movement resulting from natural forces or the act of :a third party; orb) any pr trlexit action taken by the patty under emergency :conditions to -prevent, abate :or Yni.ti ate significant injury or alteration resulting from such a cabsg '' l ry g e. 17. Notices. Any notice or other cornmuhication that .either. party must give to the other yvill be in.wtiting and deli reted to the following address or such other address as either party designates by wrltten notice to the other: OWNER MCV7D Chelsea Mews Association Administrator 675.0 Olde :Strubridge Drive, Mituiehaha Cteel€ Watershed District Hamel, Minnesota 55340 1$20 Minnetotilca Boulevard Deephaven Ml X5391. Copy to; Smith Partners (Attn. MCWD) 409 Second Avenue .Soarth Suite 1200 Minneapolis MN 55401 4 V Page 21 s 18. Miscellaneous, The idghts of the MCWD. under this easement may be exercised by the managers, employees, contractors and other authotixed representatives of the MCWD. This easement 15 governed by the laws of the State of Miimesota, This easemer!# sets forth the entice agreement of the partiend supersedes all prior discussions and-"agr esaetoent8 `Tile parties itnay amend this easenndnt only by a writing drily executed by both parties and tneeft aI1 reaultemeots of law. The terms .of this ,easement shall bifid and henefit the parties and their respective personal heirs, successors, assigns and all others who ekerctse:att right by''or thrauh them anti shall on tinper entity with the Burdened PrThe MMD :bears tbe: cost of duly recording this eas..ement at tile: Office of tine Hennepin 06vnty Recgrdet, 7 Page 22 MINNEaAHA CREEK WATERSHED DI&TRICT - . Date:— giies Calkins, President STATE Or, MINNESOTA CpIiNTY OF HENT PIN This=Ynstnimerit Was .acknowledged before Me this day of 2011, by James Calldns as President +nf the Minneh_ aha "Creels *ker8hed District_. Notaty Public SCHEl 18ACHf=R WELCH Approyed as to .Fotin and Emecration O'OD Attorney . . . This doctunent prepared by. Smith Partners P LXT. 400 Second Avenue Soudi Suite 1200 MinneaPo' s MN 55401 L: N(1fiARYP(1I LIOMMINNESOTR CommiisionDpires fan.3t,20 9 ' v Page 23 r f LOT 10 WT LOI f LOT 3 r Ai o LOT r . ?. J U:a rp l V\\ t 1 Page 24 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO APPROVE AN ENCROACHMENT AGREEMENT WITH THE MINNEHAHA CREEK WATERSHED DISTRICT FOR THE CHELSEA WOODS/MEWS CREEK RESTORATION PROJECT WHEREAS, the Minnehaha Creek Watershed District has requested authorization to encroach onto portions of the City's platted drainage and utility easements within the Chelsea Woods Condominiums First and Third Additions; and WHEREAS, the encroachment agreement is temporary and authorizes only activities associated with the Chelsea Woods/Mews Creek Restoration Project; and WHEREAS, the area of authorized encroachment is limited to the platted utility and drainage easements over part of Lot 1, Block 1, Chelsea Woods Condominiums First Addition and Outlot B, Chelsea Woods Condominiums Third Addition; and WHEREAS, the encroachment agreement allows for City encroachment onto the Minnehaha Creek Watershed District easement and this provision shall survive termination of the encroachment agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Mayor and City Manager are hereby authorized to sign, on behalf of the City of Plymouth, the agreement that will allow encroachment onto City drainage and utility easements for the Chelsea Woods/Mews Creek Restoration Project. Approved this 24th day of April, 2012. Page 25 rp)City of Agenda 6 . O 8PlymouthNumber: v Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Derek Asche, Water Resources Manager April 24, 2012 Reviewed by: Doran Cote, Director of Public Works Approve Modification to the Storm Water Pollution Item: Prevention Program (SWPPP) 1. ACTION REQUESTED: Adopt the attached resolution approving modification of the City's Storm Water Pollution Prevention Program (SWPPP) to meet the goals of the Medicine Lake Excess Nutrients and the Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen TMDL's. 2. BACKGROUND: The City of Plymouth is currently a party to five Environmental Protection Agency (EPA) and Minnesota Pollution Control Agency (MPCA) approved Total Maximum Daily Load (TMDL) Plans: A. Shingle Creek Chloride B. Schmidt, Pomerleau, and Bass Lakes Excess Nutrients C. Cedar Island, Pike, and Eagle Lakes Excess Nutrients D. Medicine Lake Excess Nutrients E. Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen Approval of the TMDL's by the EPA and MPCA require the City of Plymouth review the Storm Water Pollution Prevention Program (SWPPP) and determine the adequacy of the SWPPP in meeting the goals of the TMDL's. The current SWPPP does not adequately address the Medicine Lake Excess Nutrients and Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen TMDL's. Staff proposes to modify the SWPPP with the following projects and practices (Table 1 and Table 2) to meet the goals of the Medicine Lake Excess Nutrients and Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen TMDL's: TABLE 1. Medicine Lake Excess Nutrients TMDL Reduction Strategies. Implementation Item SWPPP reference Progress Annual Education Appendix A l.c.I Annually Street Sweeping Appendix A 6.a.2 Annually Development and Redevelopment Regulations Appendix A IV.D-4 Ongoing County Road 9/61 Erosion Repair Appendix A IV.D-4 Complete (2007) Wood Creek Erosion Repair Appendix A IV.D-4 Complete (2009) Timber Creek Erosion Repair Appendix A IV.D-4 Complete (2010) Page 1 Plymouth Creek Water Quality Ponds Appendix A fV.D-4 Complete (2011) Plymouth Creek Stream Restoration Appendix A IV.D-4 Complete 2012) TABLE 2. Shingle Creek & Bass Creek Impaired Biota and Dissolved Oxygen Improvement Strategies. Implementation Item SWPPP reference Progress Annual Education Appendix A l.c.l Annually Street Sweeping Appendix A 6.a.2 Annually Development and Redevelopment Regulations Appendix A IV.D-5 Ongoing Monitoring Appendix A IV.D-5 Ongoing The progress of each project or practice is indicated as "Annually" meaning each year; "Ongoing" meaning as opportunities arise, or "Complete" meaning the project is complete. The projects and practices proposed for inclusion in the City's SWPPP are based on the implantation plans of the approved TMDL's. The City has been proactive with regard to water quality improvements in Medicine Lake and has completed five capital improvements dating back to 2007. The cost to complete these projects was in excess of $3,000,000. Funding for these projects was from the City's Storm Water Utility Fee, the Bassett Creek Watershed Management Commission, the Board of Water and Soil Resources, Hennepin County, the Three Rivers Park District, and the Metropolitan Council. The Environmental Quality Committee (EQC) reviewed and approved the SWPPP at the regularly scheduled EQC meeting on April 11, 2012. 3. BUDGET IMPACT: The cost to implement "annual" and "ongoing" projects and practices such as education and street sweeping is $150,000 per year. Funding for TMDL Implementation will be from the Water Resources Fund. 4. ATTACHMENTS: Storm Water Pollution Prevention Program (SWPPP) w/o appendices Resolution Page 2 CITY OF PLYMOUTH STORM WATER POLLUTION PREVENTION PROGRAM SWPPP) April 2012 0AUtilitieslStorm Sewer and Water Resources\Water QualitylMunicipal Separate Storm Sewer System (MS4)120121SWPPP 12.doex Page 3 TABLE OF CONTENTS Introduction 3 History.-----------------------------------------------------------------------------------------........... Area Description,-__....... 4 SWPPP Development------------------------------------------------------------------ .... Funding Mechanism S Total Maximum Daily Load Implementation Plans............................. 6 Minimum Control Measures Summary ------------------------------------------------9 Appendix A. BMP Summary Sheets .-------------------------... -...... ---- -------- 12 SWPPP 2012 Page 2 of 63 City of Plymouth Page 4 INTRODUCTION Surface water resources such as lakes, wetlands, and creeks are an important component of the quality of life for residents in the City of Plymouth. The Plymouth Storm Water Pollution Prevention Program (SWPPP) promotes citizen involvement and provides a strategy for dealing with the quantity and quality of the water resources in Plymouth. The City of Plymouth has developed and will implement its SWPPP to reduce the discharge of pollutants from its drainage system to the maximum extent practicable to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act. The City is committed to sustainable management of its natural resources and minimum control measures are listed which will assist the City in attaining its goals. HISTORY The first recorded settlement in Plymouth was on the east shoreline of Medicine Lake in 1853. The first major storm drainage improvements were undertaken in Plymouth in the mid 1960s. This initial Storm Drainage Program was subsequently updated with the 1973 Storm Drainage Plan which presented an overall layout of major drainage facilities in Plymouth, including storm sewers, ponding areas, and major drainageways. The main purpose of the 1973 plan was to provide an adequate and economical means of conveying storm water runoff through Plymouth. The City completed a revision to the 1973 plan in 1980. The 1980 revisions were based on recent platting and development proposals, storm drainage improvements, and the Land Use Guide Pian. The plan provided information on storm sewer and open channel sizes, storm water flows, pond storage volumes, water levels, and costs. A major undertaking began by the City of Plymouth in 1995 and 1996 to update its Storm Water Management Plan to include integrated resource management. The focus of the new Plymouth Water Resources Management Plan was to manage and protect both water quality as well as water quantity. The 2000 Water Resources Management Plan established a clear view of existing conditions, established goals for managing the City's surface water resources, and set a new process for public input in developing the plan. In 2008, the City expanded surface water management to include new requirements such as the Minnesota Pollution Control Agency's Total Maximum Daily Load (TMDL) and Non -Degradation requirements. The 2008 Surface Water Management Plan includes several major elements: 1. Goals and Polices 2. Official Controls 3. Watershed Assessments Other efforts included Parkers Lake Watershed and Lake Management Plan (1993); Minnesota Rules 8410, Metropolitan Area Local Water Management Plan (1992); Local Watershed Management Pians; Plymouth Natural Area Survey (1994); Wetland Inventory and Ordinances, 1994); Hennepin County Ground Water Plan (1994); up -date of Erosion Control and Shoreland Ordinances; Phosphate Free Fertilizer Use and Sale Restrictions (1995, up -dated in 2000), Land Resource Inventory (2006), Non -Degradation Report (2007), TMDL Reports, and establishing and initiating continuous work on developing educational activities throughout the City. SWPPP 2012 Page 3 of 63 City of Plytnonth Page 5 Since the submittal of the first SWPPP in 2003, the City has implemented and initiated many other projects, such as: 1. The completion of the Phase I & Phase II of Medicine Lake Watershed Management and Implementation Pians. The ultimate goals of these plans were to reduce at least 1000 pounds of phosphorous from the watershed and to implement an aquatic vegetation management plan to reduce internal loading by at least 15%. 2. Establishing Aquatic Vegetation Management Plans for Medicine, Parkers, Bass, and Schmidt Lakes. 3. Completed implementation of Parkers Lake Management and Implementation Plan 4. Developed and implemented Schmidt Lake Management Plan 5. Developed and implemented Gleason Lake Management Plan 6. Completion of the Hydrologic and Hydraulic study of the 2020 Urban Expansion Area 7. Establishing the Plymouth Pond Maintenance Policy 8. Expanding the Plymouth surface water monitoring program 9. Providing grant funds for area residents for projects that reduce turf grass, incorporate native plants, or conserve water 10. Studied and adopted an alternative. fuel policy 11. Expanded street sweeping program 12. Continued expansive Environmental Education Programs 13. Reviewed, up -dated, and expanded the City's Goose management 14. Expanded the Purple loosestrife bio -control project 15. Established an Annual Plants, Ponds, and Practices Tour 16. Completed the required Non -Degradation Report 17. Completed various flood protection/erosion repair projects 18. Assisted with development of TMDL and Implementation Plans The City is also actively partnering and collaborating with its three watershed joint powers organizations, one watershed district, the Metropolitan Council, the Minnesota Department of Natural Resources, the Minnesota Board of Water and Soil Resources, and Hennepin County on a variety of different grants, projects, and environmental education. AREA DESCRIPTION: Location. Plymouth is located in the western portion of the seven county metropolitan area in central Hennepin County Minnesota. It is bounded on the north by Maple Grove, on the east by Golden Valley and New Hope, the south by St. Louis Park, Minnetonka, and Wayzata, and on the west by Orono, and Medina. Topography. The topography of Plymouth can be described as rolling with isolated marsh lands, swamps, lakes, and steep slopes. Approximately 150 feet in elevation changes varying from 1030 feet above sea level in the west central part of the city to about 880 feet above sea level in the northeastern part of the city. Water drains naturally through most of the city. Approximately 20% of the City is covered with water. Eight major lakes cover an area of about 1,542 acres with 2,857 acres of wetland areas. Soils. The soil in Plymouth can be generally described as dense clay with few instances of lenses of mixed sand and gravel. The three basic soil types encountered include sandy clay till from the Des Moines Ice Slope of the Wisconsin Glaciations, natural sand and top soil and organic silt deposits. Bedrock is found between elevations 700 and 800 feet. SUTPP 2012 Page 4 of 63 City of Plymouth Page 6 Watersheds. Plymouth lies within the larger Mississippi River basin in east central Minnesota. There are four local watersheds in the City, Shingle Creek, Bassett Creek, Minnehaha Creek, and Elm Creek with 19%, 53%,16%, and 12% of the city in these watersheds respectively. Growth. Plymouth has experienced rapid but steady growth over the past three decades. In 2000, the population of Plymouth was growing at an average annual rate of 1,200 people per year. Both industrial and commercial sectors have also been growing along with the population growth. The City is almost 85% developed with land use of commercial, industrial, and residential land uses. Climate. The climate is typical of the metro area. The mean annual temperature is 44 degrees Fahrenheit and the mean monthly temperature varies from 12 degrees Fahrenheit in January, to 73 degrees Fahrenheit in July. The average annual precipitation is approximately 32 to 33 inches, with snowfall averaging approximately 44 inches annually and representing near 70% of the total precipitation. SWPPP DEVELOPMENT: City staff attended workshops organized by the League of Minnesota Cities to gather information on how to develop the Storm Water Pollution Prevention Program in accordance with Minnesota Pollution Control Agency's requirements. The process of self assessment included a number of components: staff attended the workshop organized by the League of Minnesota Cities and the Minnesota Pollution Control Agency; the City conducted a review of existing ordinances; Review and up -date of the existing storm water pollution prevention policies and practices currently in use; educational and training programs which focus on storm water pollution prevention were evaluated and reviewed; regular internal staff meetings were conducted to discuss collaboration between the existing programs, proposed new programs, to identify any gaps in meeting the requirement of SWPPP, and finally selecting appropriate best management practices to meet the plan's objectives. The internal staff meetings have been a major component of the self assessment part of Plymouth SWPPP. A number of City staff from different departments and divisions have all been actively involved in this process. The group established and identified existing Best Management Practices and looked for areas where the City could improve to maximum extent practicable to meet the plan's objectives and requirements. FUNDING MECHANISM: The City of Plymouth has established a Storm Water Utility fee that is assessed against utility bills. The City's Storm Water Utility Revenue is generated by fees according to land use. At present, the rate is $5.00 per month per residential parcel, 3.32 times the residential rate for multi -family, and 7.18 times the residential rate for commercial and industrial. Other land uses SWPPP 2012 Page 5 of 63 City of Plynsouth Page 7 are evaluated individually based on the amount of impervious coverage and parcel size. Details on the City's Storm Water Utility Fee can be found in Section 725 of the City Code. TOTAL MAXIMUM DAILY LOAD (TMDL) The City of Plymouth is currently subject to eleven water quality impairments (excluding mercury) and three EPA approved TMDL plans. TMDL implementation plans are expected in the future for each of the other impairments. A. Shingle Creek Chloride TMDL In 1998, Shingle Creek was listed on the Federal Clean Water Act's 303(d) list of impaired waters for exceeding the chloride standard for aquatic life. The listing of Shingle Creek as impaired resulted from a limited sampling of chloride completed in 1996 by the US Geological Survey (USGS) at their discharge monitoring station at the Queen Avenue Bridge in Minneapolis. After reviewing the USGS data from Queen Avenue, the Shingle Creek Watershed Management Commission (SCWMC) has been sampling routinely for chloride in Shingle Creek. This TMDL was developed to address the 1998 listing for the impairment of aquatic life and recreation based on chloride exceedances. The City of Plymouth is a stakeholder in the Shingle Creek Watershed. The Shingle Creek Chloride TMDL was prepared by the watershed. Stakeholders in the watershed agreed to work collectively to achieve a.71% reduction in chloride use to achieve the standard understanding that each stakeholder was working under unique financial, public safety and perception, and feasibility limitations. The SCWMC will be the lead on the implementation of the Chloride TMDL, however, individual stakeholders (City of Plymouth) will be ultimately responsible for implementing the identified BMPs. Implementation strategies can be found in Table 1. TABLE 1. Shingle Creek Chloride Reduction Strategies. Implementation Item SWPPP reference Progress Product application, equipment, and decisions Appendix A 6.a.1 Ongoing Deicer stockpiles Appendix A 6.b.4 Ongoing Operator training Appendix A l.c.I Annually Cleanup and snow stockpiling Appendix A $.a.2 Annually Ongoing research into salt alternatives Appendix A 6.a.1 Annually SCWMC Activities Appendix A 1.c.I SCWMC Monitoring Appendix A 6.c.1 SCWMC Street Sweeping Appendix A 6.a, 2 Annually The City of Plymouth will continue to implement the Shingle Creek Chloride TMDL plan and support the monitoring of the creek. B. Schmidt, Pomerleau, and Bass Lakes Nutrient TMDL In 2002, Schmidt, Pom.erleau, and Bass Lakes were listed on the Federal Clean Water Act's 303(d) list of impaired waters for aquatic recreation because the lakes exceed the water quality standard for nutrients. The goal of this TMDL is to quantify the pollutant reductions needed to meet the water quality standards for nutrients in Schmidt, SWPPP2012 Page 6 of 63 City ofPlyinouth Page 8 Pomerleau and Bass Lakes. The Schmidt, Pomerleau and Bass Lakes TMDL has been established in accordance with Section 3 03 (d) of the Clean Water Act. This TMDL provides waste load allocations (WLAs) and load allocations (LAs) for these three lakes. Based on the State standard for nutrients, the TMDL establishes a numeric target of 40 µg/L total phosphorus concentration for Pomerleau Lake and 60 µg/L total phosphorus for Schmidt and Bass Lakes. Implementation strategies to meet the goals of this TMDL can be found in Table 2. TABLE 2. Schmidt, Pomerleau, and Bass Lakes Nutrient Reduction Strategies. Implementation Item SWPPP reference Progress Annual Education Appendix A l.c.l Annually Street Sweeping Appendix A 6.a.2 Annually Rain Gardens Appendix A IV.D-2 Complete (2008) Shoreline Management and Restoration Projects Appendix A IV.D-2 Ongoing Additional Development and Redevelopment Regulations Appendix A IV.D-2 Ongoing Storm Drain Filters for Schmidt Lake Watershed Appendix A IV.D-2 Complete (2011) Feasibility Study for ponding in the Bass Lake Watershed Appendix A IV.D-2 TBD Schmidt Lake Wetland Restoration Appendix A IV.D-2 TBD Schmidt Lake Neighborhood Rain garden Pro'ect Appendix A IV.D-2 Complete 2011 C. Cedar Island, Pike, and Eagle Lakes Nutrient TMDL Of the three lakes identified in this TMDL (Cedar Island, Pike, and Eagle), only Pike Lake lies within the City of Plymouth, however, surface water entering Pike Lake will eventually drain into Eagle Lake. Meeting the goals for Pike Lake is anticipated to meet Plymouth's requirements for Eagle Lake. No drainage from Plymouth goes to Cedar Island Lake. In 2002, Pike Lake was listed on the Federal Clean Water Act's 303(d) list of impaired waters for aquatic recreation because the lakes exceed the water quality standard for nutrients. Eagle Lake was added in 2008 for the same reasons. The goal of this TMDL is to quantify the pollutant reductions needed to meet the water quality standards for nutrients in Cedar Island, Pike, and Eagle Lakes. This TMDL has been established in accordance with Section 303(d) of the Clean Water Act and provides waste load allocations (WLAs) and load allocations (LAs) for these three lakes. Based on the State standard for nutrients, the TMDL establishes a numeric target of 40 µg/L total phosphorus concentration for Eagle Lake and 60 1cg/L total phosphorus for Cedar Island and Pike Lakes. Implementation strategies to meet the goals of this TMDL for Pike and Eagle Lakes can be found in Table 3. TABLE 3. Pike Lake Nutrient Reduction Strategies. Implementation Item SWPPP reference Progress Annual Education Appendix A l.c. l Annually Street Sweeping Appendix A 6.a.2 Annually Development and Redevelopment Regulations Appendix A IV.D-3 Ongoing Rough Fish Management Appendix A IV.D-3 TBD Illicit Discharize Detection including City Record Review Appendix A IV.D-3 TBD D. Medicine Lake Excess Nutrient TMDL The Medicine Lake watershed is located in the metropolitan area of the Upper Mississippi River Basin and includes portions of the cities of Plymouth, Medicine Lake, Minnetonka, Golden Valley, New Hope, and Medina. The outlet of Medicine Lake is the SWPPP 2012 Page 7 of 63 City of Plymouth Page 9 headwater of Bassett Creek. Medicine Lake is the second largest lake in Hennepin County and is considered the most important recreational water body in the City of Plymouth. The Medicine Lake watershed (nearly 12,000 acres) is fully developed. Runoff from the watershed enters the lake from creeks, storm sewer outfalls, and culverts at various points along the lakeshore. The volume and pollutant levels of storm water runoff from the watershed, combined with releases of phosphorus from sediments and plants in the lake, result in periods of poor lake water quality. Available data indicates that Medicine Lake violates the State's water quality standards. The combination of high phosphorus and high chlorophyll -a (a measurement of algae growth) supports including Medicine Lake on the Minnesota Pollution Control Agency's (MPGA) impaired waters list. The Clean Water Act and Environmental Protection Agency (EPA) regulations require states to develop Total Maximum Daily Loads (TMDLs) for water bodies that are not meeting water quality standards. The TMDL process establishes the allowable loading of pollutants for a water body. By following the TMDL process, states can establish controls to reduce pollution and restore and maintain the quality of the water resource. Therefore, a TMDL was designed to allow Medicine Lake to meet water quality goals. The primary water quality target for this TMDL is the average growing season total phosphorus concentration in Medicine Lake. The State standard is 40 µg/L. The City of Plymouth has established a goal of 38 gg/L for Medicine Lake. This TMDL has been developed to meet the 38 gg/L target. The more conservative target of 38 gg/L is considered an explicit Margin of Safety (MOS) for this TMDL. TABLE 4. Medicine Lake Nutrient Reduction Strategies. Implementation Item _ SWPPP reference Progress Annual Education Appendix A l.e.l Annually Street Sweeping Appendix A 6.a.2 Annually Development and Redevelopment Regulations Appendix A IV.D-4 Ongoing County Road 9161 Erosion Repair Appendix A IV.D-4 Complete (2007) Wood Creek Erosion Repair Appendix A IV.D-4 Complete (2009) Timber Creek Erosion Repair Appendix A IV.D-4 Complete (2010) Plymouth Creek Water Quality Ponds Appendix A IV.D-4 Complete (2011) Plymouth Creek Stream Restoration Appendix A IV.D-4 Complete (2012) E. Shingle Creek & Bass Creek Impaired Biota and Dissolved Oxygen TMDL The Shingle Creek & Bass Creek Impaired Biota and Dissolved Oxygen TMDL study addresses the dissolved oxygen impairment in Shingle Creek and biotic integrity impairments in Shingle and Bass Creeks, in Hennepin County, Minnesota. The goal of this TMDL is to quantify the pollutant reductions needed to meet State water quality standards for dissolved oxygen in Shingle Creek and State Index of Biotic Integrity standards in Shingle and Bass Creeks. The Shingle Creek watershed covers 44.7 square miles in east -central Hennepin County, Minnesota. Shingle Creek begins at the junction of Bass Creek and Eagle Creek in the City of Brooklyn Park, flows easterly, then southerly for a total of 11.3 miles before discharging into the Mississippi River in Minneapolis. Bass Creek is the outlet of Bass Lake, and is about 2.4 miles long. Bass Creek is formed at the weir that controls the level SfVPPP 2012 Page 8 of 63 City of Ply111011th Page 10 of Boulder Ridge Pond, the last in a series of wetlands downstream of Bass Lake. The watershed is fully developed with dense urban and suburban land uses Shingle Creek has been substantially altered from conditions documented in the 1855 Public Land Survey. A portion was straightened and dredged in 1910 to serve as County Ditch #13. Over time most of the rest of the stream has been channelized, widened and dredged to better convey stormwater discharged to the stream. Bass Creek appears to be an historically intermittent channel too small to be recorded on the Public Land Survey and then later ditched to drain wetlands and/or provide agricultural drainage, or it was created to provide those functions. A Stressor Identification study evaluated the potential causes of the impaired biotic integrity of both streams. Potential candidate causes of the impairments that were ruled out include: temperature, pH, nutrients, turbidity/TSS, and toxic chemicals. Five stressors that are potential candidate causes were examined in more detail: low dissolved oxygen; altered habitat; loss of connectedness; altered hydrology; and ionic strength, specifically chloride. The evidence for altered hydrology is strongest followed closely by low dissolved oxygen and lack of habitat. While the loss of connectedness and ionic strength are plausible stressors and are likely contributing to the impairment, there is less direct evidence of their role. Hydraulic models for Shingle Creek were developed to assess the conditions resulting in persistent low dissolved oxygen. A scenario assessment determined that the likely causes were low -oxygen discharge from headwaters wetlands and excessive sediment oxygen demand resulting from the overwide channel. Stream restoration on both Shingle Creek and Bass Creek to create a low -flow channel, add reaeration structures, and enhance habitat and improvements to headwaters wetlands would have the most impact in increasing dissolved oxygen and improving biotic integrity. TABLE 4. Shingle Creek & Bass Creek Impaired Biota and Dissolved Oxygen Improvement Strategies. Implementation Item SWPPP reference Pro ress Annual Education Appendix A 1.c.1 Annually Street Sweeping Appendix A 6.a.2 Annually Development and Redevelopment Regulations Appendix A IV.D-5 Ongoing Monitorinj4 Appendix A IV,D-5 Ongoing SWPPP 2012 Page 9 of 63 City ofPlymouth Page 11 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO MODIFY THE STORM WATER POLLUTION PREVENTION PROGRAM TO INCLUDE BEST MANAGEMENT PRACTICES TO MEET THE GOALS OF THE MEDICINE LAKE EXCESS NUTRIENTS AND SHINGLE Et BASS CREEKS IMPAIRED BIOTA AND DISSOLVED OXYGEN TOTAL MAXIMUM DAILY LOAD PLANS WHEREAS, the City of Plymouth has an approved Storm Water Pollution Prevention Program SWPPP) per the requirements of the Municipal Separate Storm Sewer System General Permit as administered by the Minnesota Pollution Control Agency; and WHEREAS, as part of the permit requirements the City of Plymouth is required to review the adequacy of our SWPPP to meet waste load allocations as described in any approved total maximum daily load (TMDL) plan; and WHEREAS, the Medicine Lake Excess Nutrients TMDL was approved on February 8, 2011; and WHEREAS, the Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen TMDL was approved on November 4, 2011; and WHEREAS, staff has reviewed the adequacy and modified the SWPPP, as appropriate, to include best management practices to meet the goals of the Medicine Lake Excess Nutrients and the Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen TMDL's. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Council approves the modification of the Storm Water Pollution Prevention Program to include best management practices to meet the goals of the Medicine Lake Excess Nutrients and the Shingle & Bass Creeks Impaired Biota and Dissolved Oxygen TMDL's. 2. Funding shall be from the Water Resources Fund. Approved this 24th day of April, 2012. Page 12 rp) City of Plymouth Adding QoaWy to Life REGULAR COUNCIL MEETING April 24, 2012 Agenda 6.09Number: To: Laurie Ahrens, City Manager Prepared by: Derek Asche, Water Resources Manager Reviewed by: Doran Cote, Director of Public Works Approve Cooperative Agreement with the Bassett Creek Watershed Management Commission Item: for the Feasibility Study for the Four Seasons Mall Water Quality Improvement Project City Project No. 11022 1. ACTION REQUESTED: Adopt the attached resolution to approve the cooperative agreement for a feasibility study for the Four Seasons Mall Water Quality Improvement Project, City Project No. 11022, and to authorize the Mayor and City Manager to execute the Cooperative Agreement on the City's behalf. 2. BACKGROUND: Northwood Lake lies east of the Four Seasons Mall and Highway 169 in the City of New Hope and is listed as an impaired water by the State of Minnesota. The BCWMC Watershed Management Plan includes a reduction of 73 pounds of phosphorus (14%) with a capital improvement project in Four Seasons Mall area. The City of Plymouth, in cooperation with the BCWMC propose to investigate best management practices to reduce phosphorus and total suspended solids (TSS) levels to meet or exceed water quality improvement goals for Northwood Lake. Therefore, this project will assist the Cities of Plymouth and New Hope in addressing Northwood Lake's impaired water status and also assist both Cities in meeting future regulatory requirements set by the Minnesota Pollution Control Agency through Total Maximum Daily Load (TMDL) requirements. The City's 2012-2016 Capital Improvement Program (CIP) and BCWMC CIP both include a project to improve water quality in Northwood Lake. Additionally, there may be potential for a partnership with the owners of the Four Seasons Mall property should the property be redeveloped or improved. The BCWMC is an excellent partner in projects to improve water quality and has contributed to several recent projects in Plymouth including the Circle Park Pond Improvements, erosion repair at the Plymouth Creek Fish Dam, the Plymouth Creek Water Quality Ponds, and Plymouth Creek Stream Bank Restoration projects. The City has entered into a contract with Wenck Associates, Inc. in the amount of $49,893.00 to complete the feasibility study for the Four Seasons Mall Water Quality Improvement Project. Per the terms of the attached cooperative agreement, the BCWMC has approved reimbursement to the City of Plymouth in the amount of $49,893.00 for completion of this feasibility study. Page 1 3. BUDGET IMPACT: Funding for the feasibility study in the amount of $49,893.00 shall be from the Water Resources Fund with reimbursement from the Bassett Creek Watershed Management Commission. 4. ATTACHMENTS: Location Map Cooperative Agreement Resolution Page 2 art s . ' r CountyRoad Four Seasons Mall Area Location Map City Project No. 11022 rib Pane 3 COOPERATIVE AGREEMENT FOR PREPARATION OF A FEASIBILITY REPORT FOR THE NORTHWOOD LAKE PROJECT NL -2 - DREDGE POND NB -07 This Agreement is made as of this LL day of 2012, by and between the Bassett Creek Watershed Management Commission, a joint powers watershed management organization (hereinafter the "Commission"), and the City of Plymouth, a Minnesota municipal corporation (hereinafter the "City"). WITNESSETH: WHEREAS, the Commission adopted the Bassett Creek Watershed Management Commission Water Management Plan, July 2004 on September 16, 2004 (the "Plan"), a watershed management plan within the meaning of Minn. Stat. § 103B.231; and WHEREAS, the Plan, as amended, includes in the Commission's Capital hnprovement Program ("CIP") a Project referred to as Northwood Lake Project NL -2 — Dredge Pond NB -07 (the Project"); and WHEREAS, the Joint Powers Agreement for the Commission requires the preparation of a feasibility report for projects in its CIP; and WHEREAS, the City is willing to prepare a feasibility report for the Project on the terms and conditions hereinafter set forth. NOW, THEREFORE, ON THE BASIS OF THE PREMISES AND MUTUAL COVENANTS HEREINAFTER SET FORTH, THE PARTIES AGREE AS FOLLOWS: The Project will consist of the Northwood Lake Project NL -2 — Dredge Pond NB -07. 2. The City will prepare a feasibility report for the Project (the "Report") in accordance with the Request for Scope of Services attached as Attachment One. tri ifI1 t Uwlr j rune { t1,nc 3. The Commission will reimburse up to fO r Dollars ($ .(f of the cost of preparing the Report. 4. Reimbursement to the City will not exceed the amount specified in paragraph 3. Reimbursement will not exceed the costs and expenses incurred by the City for preparation of the Report, less any amounts the City receives for preparation of the Report as grants from other sources. All costs of preparing the Report incurred by the City in excess of such reimbursement shall be bome by the City or secured by the City from other sources. 39760771 CLL BA295-36 1 Page 4 5. All City books, records, documents, and accounting procedures related to the preparation of Report are subject to examination by the Commission. IN 'WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on behalf of the parties as of the day and date first above written. BASSET T CREED WATERSHED MANAGEMENT COMMI ION By: P Y And by: Its Secretary CITY OF PLYMOUTH By: Its Mayor And by: Its Manager 397607v1 CLL BA295-36 2 Page 5 ATTACHMENT ONE REQUEST FOR SCOPE OF SERVICES FOUR SEASONS MALL WATER QUALITY IMPROVEMENT PROJECT CITY PROJECT NO. 11022 To provide a scope of services to the City of Plymouth for the development of a feasibility study for water quality improvements adjacent to and potentially including the Four Seasons Mall property which lies just west of Highway 169 and south of County Road 9 (Rockford Road) in the City of Plymouth. PROJECT DE5CfUrno ` Northwood Lake lies east of Highway 169 in the City of New Hope and is listed as an impaired water by the State of Minnesota. Additionally, the Bassett Creek Watershed Management Commission (BCWMC) Watershed Management Plan includes a reduction of 73 pounds of phosphorus (14%) with a capital improvement project in this area. The City of Plymouth, in cooperation with the BCWMC propose to investigate best management practices to reduce phosphorus and total suspended solids (TSS) levels in Northwood Lake. The goal of the Scope of Services is to demonstrate the Consultant's understanding of this project and to develop a feasibility study with alternatives to address the impairment of Northwood Lake to meet or exceed water quality improvement goals in the Four Seasons Mall area. The City's 2012-2016 Capital Improvement Program (CIP) includes a project intended to improve water quality in the Four Seasons Mall area and the BCWMC CIP includes a similar project for 2013. A project is anticipated for construction from December 1, 2013 through July 1, 2014. There is potential for a partnership with the owners of the Four Seasons Mall property should the property be redeveloped or improved. SCOPE OF SERVICES REQUIREMENTS: Scope of Services Manager: The designated Scope of Services Manager and alternate for this project shall be: 397607A CLL BA295-36 Page 6 SCOPE OF SERVICES MANAGER SCOPE OF SERVICES ALTERNATE Derek Asche Doran Cote Phone: 763-509-5526 Phone: 763-509-5501 Fax: 763-509-5510 Fax: 763-509-5510 dasche@plymouthmn.gov dcoteftlymouthmn.gov Communications: All proposers will be given the same opportunity and access. All communications regarding this Scope of Services from consultants are restricted solely to the designated contacts listed above as the designated Scope of Services Manager or Scope of Services Alternate. This restriction will be in effect for consultants from January 24, 2012 through the Notice to Proceed or Award of Contract as granted by the City Council. Communications related to this Scope of Services during the proposal process with an employee or representative of the City other than the designated Scope of Services Manager or Scope of Services Alternate may result in the offending proposer being disqualified from further consideration. Communication with the City Manager and/or City Council is strictly prohibited without prior approval of the designated Scope of Services Manager or Scope of Services Alternate. Any such communication will result in the offending proposer being disqualified from further consideration. Alternatives: To achieve the water quality improvement goals of the BCWMC, the Scope of Services must address the capacity of the consultant to complete a feasibility study including the following alternatives (see attached): A. Regional Water Quality Ponding improvements within basin NB07 and the impacts of wetland mitigation. B. Water Quality Ponding improvements in New Hope between Highway 169 Ft Northwood Lake. C. Alum Treatment in or adjacent to Pond NB07 including a system that could be a cooperative partnership with the Four Seasons Mall property owner. D. Wetland Restoration and Wildlife Habitat Improvement, including the potential for water quality improvements without wetland mitigation under Minnesota Rule 8420.0420 Subp. 9. E. Stream Restoration from Lancaster Lane to the west for approximately 1,500 feet. F. Flow Restriction at the outlet of pond NB07 to increase water quality treatment capacity of Pond N1307, reduce flow rates, and/or reduce the volume of flow. G. A partnership with the Four Seasons Mall property owners to meet both the goals of the BCWMC and the redevelopment requirements of the City of Plymouth for the Four Seasons Mall site. The feasibility study shall require soil sampling and/or borings to ensure compliance with Minnesota Pollution Control Agency (MPGA) requirements for management of dredged materials. Additionally, to assist with alternative analysis and comparison of alternatives, P8 modeling and XP SWMM modeling for the Northwood Lake Watershed will be available from the BCWMC. Time Frame: The Scope of Services shalt be submitted to the designated Scope of Services Manager no later than February 16, 2012. The feasibility study shall be completed no later than July 15, 2012. Work on the feasibility study should be initiated within one (1) week of the contract approval and 397667v1 CLL BA295-36 Page 7 diligently performed thereafter. The proposed accomplishment dates will be monitored by the City to evaluate the Consultant's performance on the project. Budget Ft l=ees: The preliminary budget for this project is $450,000 including feasibility study, design, engineering, administration, wetland mitigation, and construction. The proposal should indicate the total cost for services to draft the feasibility study. The proposal should include hourly rates for specific professional services. Payment of the Consultant fees will be made every thirty days upon receipt of a progress report and an invoice itemizing services performed and hours worked with the approved budget amount and requested payment to date. Contract Responsibility: The City will prepare the necessary contractual agreement for this project. The Consultant may consider subcontracting portions of the feasibility study. However, any subcontractor shall be approved by the designated Scope of Services Manager. All subcontracts will be between the Consultant and the subcontractor and the only responsible party for the contractual fulfillment will be the Consultant. Qualifications and project experience must be submitted for any subcontractors proposed on this project. Submission and Selection Procedure: Proposals shall be limited to 10 pages in length. Consultants interested in performing the professional services requested shall submit one copy of their proposal, no later than 1:00 P.M. on February 16, 2012, to: Derek Asche, Water Resources Manager City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 397607YI CLL BA295-36 Page 8 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO APPROVE THE COOPERATIVE AGREEMENT WITH THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION FOR THE FOUR SEASONS MALL WATER QUALITY IMPROVEMENTS PROJECT CITY PROJECT N0. 11022 WHEREAS, a Cooperative Agreement has been prepared by the Bassett Creek Watershed Management Commission in reference to the Four Seasons Mall Water Quality Improvement Project; and WHEREAS, said agreement was approved by the Bassett Creek Watershed Management Commission on March 15, 2012; and WHEREAS, the Bassett Creek Watershed Management Commission will reimburse the City for the cost of the Four Seasons Mall Water Quality Improvement Project, City Project No. 11022, up to $49,893.00 per the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council hereby approves the Cooperative Agreement as presented; and 2. Authorizes the Mayor and City Manager to execute the agreement on behalf of the City. Approved this 24th day of April, 2012. Page 9 rp)City of Agenda 6 . 1 0PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Shawn Drill, Senior Planner April 24, 2012 Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Approve a zoning ordinance amendment to include Item: potbelly pigs in the definition of farm animals 2012019) 1. ACTION REQUESTED: Move to adopt the following two attached items, as recommended by the Planning Commission: a) an ordinance approving a zoning ordinance text amendment to add potbelly pigs to the definition of farm animals; and b) a resolution approving findings to support the amendment. Approval of the ordinance and resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: On April 18, 2012, the Planning Commission conducted the public hearing and subsequently voted unanimously to recommend in favor of the proposed text amendment. No one from the public wished to speak on the matter. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission's public hearing was published in the city's official newspaper. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Ordinance Approving Zoning Ordinance Text Amendment Resolution Approving Findings of Fact P:/CommDev/STAFFREP/CC/2012/2012019-Potbelly-Pig-Definition-Ord-CC Page 1 Draft Planning Commission Minutes April 18, 2012 Page 3 11. CITY OF PLYMOUTH (2012019) Chair Davis introduced the request by the City of Plymouth for a zoning ordinance amendment to include potbelly pigs in the definition of farm animals. Planning Manager Thomson gave an overview of the staff report. Commissioner Robinson asked if the language could be changed from "hogs" to "swine", as that would cover everything. He questioned whether a Vietnamese Teacup Pig would be covered with the proposed definition. Planning Manager Thomson said staff didn't look at "swine" as an option, but said the Teacup is a type of potbelly, so it would be covered. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Chair Davis said he would vote to approve this. MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by the City of Plymouth for a zoning ordinance amendment to include potbelly pigs in the definition of farm animals. Vote. 7 Ayes. MOTION approved. Page 2 Agenda Number LFile2012019 + PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Shawn Drill, Sr. Planner (509-5456) through Barbara Thomson, Planning Manager MEETING DATE: April 18, 2012 APPLICANT: City of Plymouth PROPOSAL: Zoning ordinance amendment to include potbelly pigs in the definition of farm animals DESCRIPTION: The City of Plymouth is proposing a zoning text amendment that would add potbelly pigs to the list of animals that are defined by the ordinance as farm animals. Notice of the public hearing was published in the city's official newspaper. ANALYSIS: The Plymouth Zoning Ordinance presently defines animals as follows: Domestic Animals. For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds (except those defined as farm animals or wild animals) that can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit fiom the City. In addition, it includes rabbits normally sheltered outside the home. Page 3 File 2012019 Page 2 Farm Animals. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses (including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota. Wild Animals. Any animal that is wild, ferocious, or vicious by nature, habit, disposition or character. Animals in this category include, but are not limited to, any ape including chimpanzee, gibbon, gorilla, orangutan, or siamang), baboon, bear, bison, bobcat, cheetah, crocodile, coyote, deer (including members of the deer family such as antelope, elk, and moose), elephant, ferret, fox, hippopotamus, hyena, jaguar, leopard, lion, lynx, monkey, puma (also known as cougar, mountain lion, or panther), raptor, rhinoceros, any snake that is poisonous or any constrictor snake, snow leopard, tiger, wolf, or hybrid mix of any of the wild animals such as wolf/dog mixes. Domestic animals are allowed in all zoning districts of the city. Farm animals are allowed only in the FRD (future restricted development) district. Wild animals are prohibited. Last month, the City Council heard an appeal of staffs interpretation that potbelly pigs fall under the definition of farm animals. The City Council subsequently affirmed staffs interpretation, and then directed staff to prepare a text amendment to clarify the definition in order to avoid confusion in the future. The March 13, 2012 council report and resolution are attached to provide background information on the matter. Under the proposal, the definition of farm animals would be amended to add potbelly pigs as follows: Farm Animals. Cattle, hogs, potbelly pigs, bees, sheep, goats, chickens, turkeys, horses including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota. The amendment is considered to be a technical amendment to clarify the provision, rather than a substantive amendment that changes the provision. The proposed amendment would be consistent with the city's comprehensive plan, and with all other ordinances and regulations. Page 4 File 2012019 Page 3 RECOMMENDATION: Community Development Department staff recommends approval of. 1) the attached ordinance approving a text amendment; and 2) the attached resolution approving findings to support the amendment. ATTACHMENTS: Draft Ordinance Approving Zoning Ordinance Text Amendment Draft Resolution Approving Findings of Fact March 13, 2012 Council Report and Resolution P;ICommDey\STAFFREP'TC1201212012019-F=-Anaimal-Definition-potbelly-pigs-IOTA-PC Page 5 rp)City of Plymouth Adding Quality [o Life REGULAR COUNCIL MEETING March 13, 2012 Agenda Number: To: Laurie Ahrens, City Manager Prepared by: Barbara Thomson, Planning Manager Reviewed by: Steve Juetten, Community Development Director Appeal of a zoning ordinance interpretation relating Item: to potbelly pigs (2012015) 1. ACTION REQUESTED: Move to adopt one of the following: a) A resolution affirming staffs interpretation of the zoning ordinance relating to potbelly pigs; or b) A resolution supporting the appeal, thereby classifying the potbelly pig as a domestic animal. Approval of either resolution requires a 417 vote of the City Council. 2. BACKGROUND: Section 20135 of the Plymouth Zoning Ordinance (copy attached) addresses the appeal process. When hearing an appeal, the City Council acts in its capacity as the Board of Adjustments and Appeals. Appeals are only applicable to interpretation of legislative intent. Any opinions and evaluations pertaining to the impact or result of a request are not subject to the appeal process. Justin Chamberlain -Dupree first contacted city staff in early February regarding the keeping of potbelly pigs. Staff responded that potbelly pigs would fall under the definition of farm animal and therefore, would only be allowed in areas zoned future restricted development (FRD). Staff reiterated the same interpretation in all correspondence with Mr. Chamberlain -Dupree. The correspondence is attached. On February 29, 2012, Mr. Chamberlain -Dupree and Nicole Wankel formally appealed the staff interpretation, based on the grounds that the city's zoning ordinance does not specifically name potbelly pigs as farm animals and fiirther, that the U.S. Department of Agriculture does not define potbelly pigs as farm animals. The zoning ordinance defines farm animals and domestic animals as follows: a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be defined as house pets such as dogs, cats, and birds (except those defined as farm animals or wild animals) Page 6 that can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the City. In addition, it includes rabbits normally sheltered outside the home. (Amended by Ord. No. 2009-07, 05/12/09) b) Farm Animals. Cattle, hogs, bees, sheep, goats, chickens, turkeys, horses (including miniatures) and other animals commonly accepted as farm animals in the State of Minnesota. Amended by Ord. No. 2008-09, 03/25/08) Neither of these definitions specifically refers to potbelly pigs. However, the farm animal definition does include hogs. Staff considered the potbelly similar to a hog in making the zoning ordinance interpretation. Staff notes that the city's authority for planning and zoning comes from the State of Minnesota, not the federal government. Staff also notes that there is no state regulation directing cities in the matter of keeping animals; therefore, this area is a local regulatory matter. If the City Council concurs with the staff interpretation, the council may want to consider amending the zoning ordinance to specifically exclude potbelly pigs from the list of animals allowed in the urban portions of the city. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Letter from Justin Chamberlain -Dupree and Nicole Wankel E-mail correspondence with Mr. Chamberlain -Dupree Section 20I35 (Administration — Appeals) of the Zoning Ordinance Photos of potbelly pigs Resolution A Resolution B PJCommDev/s"fAFFKCP/CC/201212012015-Appeal 2 Page 7 Barbara Thomson Planning Manager Plymouth City Hall 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Justin R. Chamberlain -Dupree Nicole Wankel 14235 39th Ave N. Plymouth, MN 55447 28 February 2012 Ms. Thomson, FEU 2 9 2012 CITY OF PLYMOUTH COMMUNITY CFV6LOPMPNi OE This letter is to inform you of our intent to appeal the recent ruling/interpretation of the Zoning Code as it relates specifically to matter(s) 21170.01 Subdivision. 4 of the Plymouth Zoning Ordinance and 21005.03 of the Plymouth Rules and Definitions in their respective definitions and classification of Farm Animals, and the decision to classify a potbelly pig as a `Farm Animal'. Our contention is based on the grounds that while the code has specific veinacular defining farm animals there is no specific definition of a potbelly pig as a farm animal; by the definitions laid forth in the code itself a potbelly pig is NOT considered a `Farm Animal'; according to USDA definition the potbelly pig is NOT considered a farm animal. While the code is specific regarding farm animals [Hogs], the potbelly pig itself does not fall under the definition of a farm animal and therefore should not be governed by the same restrictions. Potbelly pigs were bred specifically as pets, are not considered livestock, and have little commercial value on a farm. Most farms similarly recognize and acknowledge the difference between a farm hog and a potbelly pig. I request formally we be allowed to appeal the matter with the City Council. Sincerely, Justin•R. hamberlain-Dupree Nicole J. Wankel VY Page 8 Farm ,Animal Law & Legal Definition USLegal Horne Legal Topics USLegal Sites U.S. Legal Horne Search All of USLegal, I http://defin tiofis.uslegal.com/f/fartn animal/ Toll Free 1-877-389-0141 Signin View Cart Contact SiteMap Home About Definitions A -Z List Search Definitions Request a Defmition USLegal » Legal Definitions Home » F » Farm Animal Law & Legal Definition organize your Le dal Life TM Download a Personal Planning Package and start the process now. Includes a Will, Power of Attqrney, Living Will and Organization checklist. Farm Animal Law & Legal Definition Definition List Farm Fannie Mae Fannie 97 Ylort aae Fancirul ivlarks Famine Prevention and Freedom From Hunfier Improvement Act Farm Aulmal Farm Assistance Furnn Credit Adminisirariun Farm Credit Institutions Farrn-in Fame Income According to 9 CFR 1.1 [Tido 9 -- Animals and Animal Products; Chapter I -- Animal and Plant Health Inspection Service, Department of Agriculture], farm animal means "any domestic species of cattle, sheep, swine, goats, llamas, or horses, which are normally and have historically, been kept and raised on farms in the U.S., and used or intended for use as food or fiber, or for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. This term also includes animals such as rabbits, mink, and chinchilla, when they are used solely for purposes of meat or fur, and animals such as borses and llamas when used solely as work and pack animals." Related Terms Terms with Tarnt' ar'Animal' Annual Abandonment Animal Act Animal and Plant Health Inspection Service Animal at Large Animal Cmeity Animal Damape Control Act Animal Drug Avaitability Act Animal Drng Product tFood and Drugs] Anneal Dru.Q User Fee Act of 2003 [ADUFAI Anunal Enterprise More Resources from USLegal, Inc.Tm USLegaiforms,.com - Find virtual any form you may need for your State. n Find a Lawyer - Choose from lawyers that are ready to assist. Ask a Legal Question - Get answers from lawyers. Law Store - Books, Guides, etc. Sell your products as well. r> Join our Mailing List - Join and learn how USLegal is changing the legal landscape. rr USLegal Home - Thousands of legal topics and help. 1 of Page/Al2 1:59 PM 4aJ'ieSJ'ire a4""p UnrG9d bLa1e3 11 DdpkR lman4 of Agriculture Animal and 4700 Myof Rcud plant 1400h fliveralla, MO 20737 Inspection Service FEB z 0 1997 y1 I+s. ihrf dge reesiberg 103558 Hems Jardin St. Laws, MO 53 145 Dear Ms. Greenberg: This letter is in reaponse to your Wephone vAuiry coglcgniing the L .S. Depanment 0i' Agricuitr rc's (USDA) classification of pot belled pigs. USDA only considers pot beMgd pigs "fivestow :fes is to be impacted cram a 000ntthathasaswinediaeasc $tatus which could be d actual to the tredustry inthe TrdtcdScansifthepigtieingimportedwasirtfcctcd. Pat beRied Pigs that 1kre privara pots axe classified. as $cts not livcstoci(_ IFfurther clarification is heeded, PlcUe call Shin Office at -(3a 1) 734-4972. Sincerely, Stave Smith A,mji Hcaith 't n ician Ariimal Care Page 10 United Slates A nirrral andDepamnentofPlardHealth 4iQ0 River Road grictrtture Impectial, mice R12dale. ME) 20737 Ms. Kathleen M. Caren Mt. Springs Lake 16 Quince Tree Lane DE -0 2 4 2'v97 West Milford, NJ 07480 Dear Ms. Caren: This is in response to your letter of December ..6 lrequestingacopyofthedefinitionofFarmAnimal" andAni -Mal" gulaticn as stated in the Title 9 Code of Federal Re tic s. Title 9 Code of Federal Regulations, Subchapter A -Animal lATelfarePart1, Section 1.1 defines "Farm " , Of cattle, sheep, swine animal as any domestic speciesnormall4goats, llamas, or horses, which areyandhavehistorically, been Rept and raised on farms intheUnitedstates, and used or intended for useorforImprovinganimalnutrition, breeding manses fond or fiberPrOdu, fiber- This efficiency, or for improving the gement, or This term also includes animals suchquality Of foodo randchinchilla, when they are used s- s s forfur, and animals such as horses and ilam s purposes of meat or Nark and pack animals." when used solely as Exotic animal" is defined as "any animal not identified in thedefinitionof "animal'" provided In this part that is native to aforeigncountryorofforeignoriginorcharacter, is not nativetotheUnitedStates, or was - introduced from abroad. This Karaspecificallyincludesanimalssuchas, but not .imited to, liens tigers, leopards, elephants, camele, antelope, kangaroos., and water buffalo p , anteaters, cattle, such as and species of foreign domesticinthedefinitionofan a 1alln d Yado The animals mentionedguineaPig, 'hamster, and rabbit. ga Gat, nonhuman primate, We wish to clarify that -pin mast cases --we do consider ofbelliedPigsaspets. A Pot bel0r3t ed PonlywhentheseanimalsareinimportporisconsideredlivestockRestrictionsareimposedonlytoexportstatus., that may affect the health status the domestic transmissionsineithertheimportingorexportingcountyindustryallotherpurposes --„considers Ye However, USDA --forbecausetheyarenotbredandrale dlied Pigs to be pet animalsfiberpurposes. Accordingly, this country for food orWithinthe ;urisdir-tion crf State and care and pprotectisn fall We hope this information is helpful in explaining the status. the pot bellied pig as it relates to our regulation- f IJ8011 Sincere,y, t t , Bettye Its Walters Veterinary Medical Animal Care Officer Printable Page Priirti' Letter Date= no date Health_ and_ PLtection act O initian of Ujyestcack I actually found this to he helpful information for zoning issues. Below is an excerpt. H.R.2002 Animal Health Protection Act (Introduced in House) SEC. 3. DEFINIT IORS. As used iu this Fitt: 10) LIVESTOCK- The tern 'livestock Eeans all farce -raised animals. 15) SECRETARY- The term 'Secretary means the Secretary of Agriculture. 16) STATE The term 'Stake means any of tiie several States of the United States. ..., or any other territory or possession of the United States. Page iof1 18) UNITED STATES- The term 'United States means all of the States. ' This page was printed from http-l/www.petpigzone.com t., IDD7flIRlRrnF t nt}ar rintn[Rc PPINIT nen?jn ' a Paa 9nnr% Cc: jrogers@aphis.usda.gov, khandy@aphis.usda.gov Subject. Exotic animal definition October 26, 1997 Dear Ms. Nancy Crusan: Your request for -information on the definition of "exotic" animals has been forwarded to this office for response. The U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Animal Care administers and enforces the Animal Welfare Act (AWA). The AWA covers most warm-blooded animals used in regulated activities, such as- exhibition, wholesale pet trade, transportation in commerce, and research. In Section 1.1 of the animal welfare regulations and standards (9 Code of Federal Regulations, Chapter 1, Subchapter A) "exotic animal" is defined as "any animal not identified in the definition of animal" provided in this part that is native to a foreign country or of foreign origin or character, is not native to the United States, or was introduced from abroad. This term specifically includes animals such as, but not limited to, lions, tigers,- leopards, elephants, camels, antelope, anteaters, kangaroos, and water buffalo, and species of foreign domestic cattle, such as Ankole, Gaya], and Yak." THE animals mentioned in the definition of"animal" include dog, cat, nonhuman primate, guinea pig, hamster, and rabbit_ According to this definition, the pot bellied pig is considered an exotic animal under the AWA. Please remember that this designation under the AWA is for regulated purposes only. We recommend that you contact the Veterinary Services program to obtain their classification of the pot-bellied pig. Your original request has been forwarded to them for consideration, but you may wish to contact them through Ms. Kathy Handy at khandy @aphis.usda.gov_ Please contact Animal Care at (301) 734-7833 is you wish to obtain a copy of the AWA and the regulations and standards. You may also wish to visit our home page at www.apbis.usda.gov/ac. Sincerely, Barbara Kohn Senior Staff Veterinarian Animal Care Page 13 Barb Thomson To: Justin R. Chamberlain -Dupree Cc: Marie Darling Subject: RE: farm animals and animal regulations Attachments: no-reply@ci. plymouth. mn.us_20120216_120155.pdf Dear Mr. Chamberlain -Dupree, My interpretation of the zoning ordinance with respect to potbelly pigs is the same as the interpretation you received from Marie. Potbelly pigs fall under the definition of farm animals and therefore, are not allowed in the city except in areas zoned FRD (future restricted development). FRD zoned properties are located in the northwest part of the city. If you wish to continue to pursue this matter, you have two primary options at this point. You can appeal my interpretation to the City Council within 30 days, stating the specific grounds upon which the appeal is made. Staff will prepare a report on the appeal that will be placed on a City Council agenda. The council must make a decision on an appeal within 60 days of receiving a complete appeal request. I have attached the section of the zoning ordinance relating to appeals. You can also apply for a text amendment to the zoning ordinance, as Marie indicated in her e-mail. There is no fee associated with an appeal; there is, however for a text amendment. 1 would further add that staff would not support a change to the ordinance to allow potbelly pigs as pets. Sincerely, Barbara Thomson Barbara G. Thomson, AICP j Planning Manager From: Justin R. Chamberlain-Dupree(mailto:justin,chamberlaindupree@gmail.com] Sent: Tuesday, February 14, 2012 1:00 PM To: Barb Thomson Subject: Fwd; farm animals and animal regulations Good afternoon Barbara, My name is Justin R. Chamberlain -Dupree and I am contacting you regarding a matter with the zoning code, more specifically the ownership of a potbelly pig as a pet in the city. I have discussed this matter in some length with Senior Planner Marie Darling who had a particular interpretation of the code. She also informed me that I was able to appeal her interpretation to you. My only question is how do I formally go about appealing her interpretation? Is there in fact some formal action in which I must engage or is it rather a matter of me sending you an email with my supporting documentation? I have included some of my most recent correspondences with Ms. Darling so that you could have some additional background into the nature of my request. I am more than happy to provide any additonal information and feel free to respond by phone if that would be more appropriate. My sincerest thanks for your time in advance. Page 14 Justin R. Chamberlain -Dupree Cell - 952.239.5786 From: Marie Darling <MDarlin 1 mouthmn. ov> Date: February 8, 2012 9:46:35 AM CST To: Justin Chamberlain-Dupree<justin.chamberlainduprec@gmail.com> Subject: RE: farm animals and animal regulations I believe you have two options. The first is to appeal my interpretation of the code to the Zoning Administrator (Barbara Thomson) and the second would be to request a text amendment to the zoning code to amend the animal definitions to allow pot-bellied pigs. I attached a checklist of information you would need to submit for a zoning text amendment. The Council has a great deal of discretion with a text amendment of this nature and is under no obligation to approve the request. I advised you to speak to your Councilmember or the Mayor before submitting this type of application to determine what kind of council support you would have before you submit an application (as there is expense and time involved). Let me know if you need any assistance in determining who your district council representative is. The city has 120 -days to make a decision on a request for a text amendment, although the timeframe is typically much shorter depending on the complexity of the application and public hearing scheduling requirements. Marie Darling, AICP J Senior Planner City of Plymouth mdarlinq@ptymouthmn.gov 3404 Plymouth Boulevard Plymouth, MN 55447 Phone: 763-509-5457 - Fax: 763-509-5407 www.plymouthmn,gov From: Justin Chamberlain-Dupree[mailto:iustin.chamberlaindupree gmail.com] Sent. Wednesday, February 08, 2012 9:22 AM To: Marie Darling Subject: Re: farm animals and animal regulations Marie, Thank you again for your assistance thus far. I do however have a few more questions to ask if you would be so kind. I recall yesterday you mentioned a few options we had to explore regarding this matter, for instance contacting our local representative or engaging in something I believe you referred to as a 'tax amendment'. Could you elaborate a bit on the options you presented yesterday during our phone call? Similarly we were instructed at one point by one of the city staff members to bring the issue up at one of the local city council meetings, to which I believe you also alluded in our conversation on the phone. Page 15 Could you tell me more about this measure? Would this be appropriate at this juncture? What sort of decision would the council be able to arrive upon and in what time frame generally? Etc. Once again I do sincerely appreciate your time and thank you again in advance. Justin R. Chamberlain -Dupree On Tue, Feb 7, 2012 at 3:47 PM, Marie Darling <MDarling cr,plyinouthmn.goy> wrote: Please let me know if you have any questions. Marie Darling, AICP I Senior Planner City of Plymouth mdarling@piymouthmn.gov 3400 Plymouth Boulevard Plymouth, MN 55447 Phone: 763-509-5457 - Fax: 763-509-5407 www.ptymouthmn.gov Justin R. Chamberlain -Dupree 952.9.39.5786 Appform.pdf> checklist.zoning ordinance text amendment.docx> Page 16 PLYMOUTH ZONING ORDINANCE SECTION 21035 - ADMINISTRATION - APPEALS 21035.01. BOARD DESIGNATION: The City Council shall serve as the Board of Adjustments and Appeals. 21035.02. APPLICABILITY: An appeal shall only be applicable to an interpretation of legislative intent of provisions of this Chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. 21035.03. FILING: An appeal from the ruling of an administrative officer of the City shall be filed by the property owner or their agent with the Zoning Administrator within thirty (30) days after the making of the order being appealed. 21035.04. STAY OF PROCEEDINGS: An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the City. 21035.05. PROCEDURE: The procedure for making such an appeal shall be as follows; Subd. 1. The property owner or their agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. (Amended by Ord. No. 2010-21, 11/23/10) Subd. 2. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals. Subd. 3. The Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed. Subd. 4. The Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail. 21035.06. APPEALS FROM THE BOARD OF ADJUSTMENT AND APPEALS: Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such statutes may be from time to time amended, supplemented or replaced. 21035-1 Page 17 CITY OF PLYMOUTH RESOLUTION No. 2012094 A RESOLUTION AFFIRMING CITY STAFF'S INTERPRETATION OF THE CITY'S ZONING ORDINANCE PERTAINING TO POTBELLY PIGS (2012015) WHEREAS, on February 28, 2012, Justin R. Chamberlain -Dupree and Nicole J. Wankel requested an appeal of the interpretation of potbelly pigs as farm animals. WHEREAS, when hearing an appeal, the City Council acts in its capacity as the Board of Adjustments and Appeals. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does affirm city staff's interpretation of the Plymouth Zoning Ordinance regarding the classification of potbelly pigs, subject to the following finding: 1. City staff correctly interpreted the legislative intent of the applicable provisions of the Plymouth Zoning Ordinance regarding the classification of potbelly pigs as farm animals. ADOPTED by the Plymouth City Council on March 13, 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 March 13, 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 18 9 Page 19 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2012 - AN ORDINANCE AMENDING SECTION 21005 OF THE PLYMOUTH CITY CODE REGARDING THE DEFINITION FOR FARM ANIMALS (2012019) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 21005.02 of the Plymouth City Code (RULES AND DEFINISTIONSDEFINITIONS) is amended by adding text to the definition of "animals" as follows: Animals: a) Domestic Animals. For purposes of this Chapter, a domestic animal shall be def i ned as house pets such as dogs, cats, and bi rds (except those def i ned as f arm ani mal s or wi I d ani mal s) that can be contai ned wi thi n a pri nci pal structure throughout the enti re year, provi ded that contai nment can be accompl i shed wi thout sped al modi f i cati on to the structure requiring a building permit from the City. In addition, it includes rabbits normal I y sheltered outside the home. (Amended by Ord. No. 2009-07, 05/12/09) b) Farm Animals. Cattle, hogs, potbel I ypigs, bees, sheep, goats, chickens, turkeys, horses (i ncl udi ng mi ni atures) and other ani mal s commonl y accepted as farm ani mal s i n the State of M i nnesota. (Arr7ended by Ord. No. 2008-09, 03/25/08) SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the Plymouth City Council on April 24, 2012. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 21 CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION APPROVING FINDINGS OF FACT FOR A ZONING ORDINANCE TEXT AMENDMENT RELATING TO THE DEFINITION FOR FARM ANIMALS (2012019) WHEREAS, the City of Plymouth initiated an amendment relating to the definition of farm animals; and WHEREAS, the amendment would clarify that potbelly pigs are farm animals as defined by the zoning ordinance; and WHEREAS, the Planning Commission has reviewed the proposed text amendment at a duly called public hearing. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the zoning ordinance text amendment, based upon the finding that the proposed amendment would be consistent with the city's comprehensive plan, and with all other ordinances and regulations. ADOPTED by the Plymouth City Council on April 24, 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 24, 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 c;ty or Agenda 6 . 1 1PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Jim Long, Community Relations Officer April 24, 2012 Reviewed by: Michael Goldstein, Police Chief Item: Accept Donation Of $1,000 for "Shop With a Cop" activity from the Plymouth Rotary 1. ACTION REQUESTED: Adopt the attached resolution accepting the donation of $1,000. The donation is being made by the Plymouth Rotary. 2. BACKGROUND: The Police Department was awarded $1,000 from the Plymouth Rotary. Funds will be used for purchasing gift certificates for an activity that would partner 10 underprivileged children living in Plymouth with a police officer who together will shop for holiday gifts in December for the child and their family. The Police Department is partnering with local non-profit organizations for the selection of the youth. 3. BUDGET IMPACT: If accepted, there would be no impact upon the City's budget. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION TO ACCEPT A DONATION OF $1000 FROM THE PLYMOUTH ROTARY WHEREAS, the Police Department wishes to organize a "Shop with a Cop" activity with underprivileged children. WHEREAS, this positive activity will build additional positive community interactions with the department, the Plymouth Police Department has been awarded $1,000 from the Plymouth Rotary. WHEREAS, funds will be used for purchasing gift certificates for an activity that would partner 10 underprivileged children living in Plymouth with a police officer who together will shop for holiday gifts in December for the child and their family. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation be accepted with thanks. Approved this 24th day of April 2012. Page 2 c;ty or Agenda 6.12PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel E. Plekkenpol, Deputy Police Chief April 24, 2012 Reviewed by: Michael S. Goldstein, Police Chief Authorize the Plymouth Police Department to enter into Item: a contractual grant agreement with the Minnesota Division of Homeland Security and Emergency Management 1. ACTION REQUESTED: Adopt the resolution authorizing Plymouth Police Department to enter into a grant agreement with the State of Minnesota's Division of Homeland Security and Emergency Management to accept a grant of $28,850.00 to sustain services rendered by contractual worker Robert Nesbitt for the Minnesota Joint Analysis Center (MNJAC). 2. BACKGROUND: The mission of the Minnesota Joint Analysis Center (MNJAC) is to collect, evaluate, analyze and disseminate information regarding organized criminal, terrorist, and all hazards activity in the State of Minnesota while complying with state and federal law to ensure the rights of privacy for all. In order to accomplish its mission, the State of Minnesota's Division of Homeland Security and Emergency Management along with the Federal Government have created this grant to continue staffing the local MNJAC office, where retired Plymouth Police Sergeant Robert Nesbitt, has been working as a contract consulting employee for the City of Plymouth since July 2005. 3. BUDGET IMPACT: This grant is only being offered to cities which have participated in the Minnesota Joint Analysis Center operation. It is offered as a continuation of the existing grant to preserve the center's operations. The new grant will function in the same manner as the previous grants. The City will act as a "pass-through" agency. The grant will cover all costs associated with Robert Nesbitt's scope of work and training This grant will allow MNJAC to continue its operation and provide the staffing required for collecting, analyzing, and disseminating strategic and tactical intelligence for our state and region. In his role as a contract employee, Robert Nesbitt has also served the Plymouth Police Department assisting us by providing part-time crime analysis and training support. Mr. Nesbitt schedules one day each week to report to our office to provide these services. This arrangement is similar to what other participating MNJAC cities have been doing. The MNJAC director has Page 1 approved this arrangement and will allow him to continue in this manner. The salaries and benefits for Mr. Nesbitt under this grant total $28,850.00. His personnel salary is $27,350.00 and his training salary is $1,500.00. The City Attorney has created a Consulting Agreement outlining the terms of the agreement between Robert Nesbitt and the City. The grant's funds will cover all costs associated with this initiative. The City will not expend any funds for this project. 4. ATTACHMENTS: Grant Agreement Consulting Agreement Between the City of Plymouth and Robert Nesbitt Resolution Page 2 Grant Agreement Page I01, Minnesota Department of Public Safety ("State") Grant Program: Homeland Security and Emergency Management 2011 Minnesota Joint Analysis Center (MNJAC) Division 444 Cedar Street, Suite 223 Grant Agreement No.: A-MNJAC-2011- St Paul, Minnesota 55101 PLYMOUCI-00014 Grantee: Grant Agreement Term: City of Plymouth Effective Date: 1/1/2012 3400 Plymouth Boulevard Expiration Date: 12/31/2013 Plymouth, Minnesota 55447 Grantee's Authorized Representative: Grant Agreement Amount: Daniel Plekkenpol Original Agreement $28,850.00 3400 PIymouth Blvd Matching Requirement $0.00 Plymouth, Minnesota 55447 Phone: (763) 509-5187 Email: dplekkenpol@ci.plymoutb,mn.us State's Authorized Representative: Federal Funding: CFDA 97.067 Ann Kuzj, Grants Specialist State Funding: Homeland Security and Emergency Management Special Conditions: None Division 444 Cedar Street, Suite 223 St Paul, Minnesota 55101 Phone: 651-201-7422 Email:. A_nn.Kuzj@state.nu1.us Under Minn. Stat. § 299A.01 Subd 2 4 the State is empowered to enter into this grant agreement. Terns: Effective date is the date shown above or the date the State obtains all required signatures under Minn. Stat. § 16C.05, subd. 2, whichever is later. Once this grant agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee will: Perforin and accomplish such purposes and activities as specified herein and in the Grantee's approved 2011 Minnesota Joint Analysis Center (MNJAC) Application ("Application") which is incorporated by reference into this grant agreement and on file with the State at 444 Cedar Street, Suite 223, St Paul, Minnesota 55101. The Grantee shall also comply with all requirements referenced in the 2011 Minnesota Joint Analysis Center MNJAC) Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant agreement. Budget Revisions: The breakdown of costs of the Grantee's Budget is contained in Exhibit A, which is attached and incorporated into this grant agreement. As stated in the Grantee's Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee's Application, the Grantee certifies that the matching requirement will be met by the Grantee. Payment: As stated in the Grantee's Application and Grant Program Guidance, the State will promptly pay the DPS Grant Agreement non -state (09/08) Page 3 s . Grant Agreement Page 2 Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certfcation Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,O00.O0 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUIVI]BRANCE VERIFICATION Individual certifies thatfunds have been encumbered as required by Minn, Stat. §§ 16.4.15 and 16C.05. Signed: Date: 3. STATE AGENCY . By: with delegated authority) Title: Date: Grant Agreement No. A-MNJAC-2011-PLYMOUCI-00014/SWIFT Contract # 41454 MOV 3000008831 z. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant agreentent on behalfof the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: By: Title: Date: Distribution: DPSNA5 Grantee State's Authorized Representative DPS Grant Agreement non -state (09/08) Page 4 2011 Minnesota Joint Analysis Center(MNJAC). EXHIBITA Organization: Plymouth, City of A-MNJAC-2011-PI_YMOUCI-00014 Urban Area Security Initiative Investment #12: MNJAC: MNJAC Budget Category Organization Personnel Salary Total Training Pa—ent for expenses incurred fa ping. Total Total Allocation Balance 02/0212012 Request 27,350.00 27,350.00 1,500,00 1,500.00 28,850.00 28,850.00 0.00 Budget Summary Page gage 1 of 1 CONSULTING AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND ROBERT NESBITT THIS AGREEMENT is made as of the 24th day of April, 2012, by and between ROBERT NESBITT (the "CONSULTANT") and the CITY OF PLYMOUTH (the CITY"), a political subdivision in the State of Minnesota, whose principal place of business is located at 3400 Plymouth Boulevard, Plymouth Minnesota WHEREAS, the CITY has received a grant from the State of Minnesota through its Commissioner of Public Safety, Division of Homeland Security and Emergency Management ("Grant Agreement"); and WHEREAS, pursuant to the Grant Agreement the CITY will receive a grant amount not to exceed $28,850.00 to perform the work identified in the Grant Agreement; and WHEREAS, the CITY wishes to retain CONSULTANT to perform the work set forth in the Grant Agreement. The entire cost to the CITY of engaging the CONSULTANT shall be paid out of proceeds of the grant. NOW, THEREFORE, in consideration of the mutual promises contained herein it is hereby agreed: 1. INCORPORATION. The Grant Agreement and the recitals set forth above are incorporated herein by reference. 2. TERM. The CITY hereby retains the CONSULTANT as an independent contractor to perform the work setforth in the Grant Agreement. The engagement shall commence on April 24, 2012 and shall terminate upon the occurrence of any of the following whichever first occurs: December 31, 2013, or when all obligations of the Grant Agreement have been satisfactorily completed, or when the grant proceeds have been exhausted. Either party may also terminate this agreement at an earlier date with or without cause. 3. COMPENSATION. The CITY shall compensate the CONSULTANT at $38.00 per hour together with authorized reimbursable expenses. 4. INDEPENDENT CONTRACTOR. The CONSULTANT shall not be an employee of the CITY. It is agreed that the CONSULTANT will act hereunder as an independent contractor and acquires no rights to tenure, worker' compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation 119482v01 1 RNK:07/01 /2005 Page 6 leave, severance pay, pension benefits or benefits offered to employees of the CITY, its departments or agencies. 5. DATA PRACTICES ACT. The CONSULTANT must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the CITY pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the CONSULTANT pursuant to this Agreement. The CONSULTANT is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event the CONSULTANT receives a request to release data, the CONSULTANT must immediately notify the CITY. The CITY will give the CONSULTANT instructions concerning the release of the data to the requesting party before the data is released. CONSULTANT agrees to defend, indemnify, and hold the CITY, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from CONSULTANT's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 6. INDEMNIFICATION. The CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold CITY harmless from any damage, liability, or cost (including reasonable attorney's fees and costs of defense) to the extent caused by CONSULTANT's negligent acts, errors, or omissions in the performance of consulting services under this Agreement and those for whom the CONTRACTOR is responsible. 119482v01 RNK:07/01 /2005 CITY: CITY OF PLYMOUTH II -AIA Laurie Ahrens, City Manager CONSULTANT: Robert Nesbitt 2 Page 7 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION APPROVING AUTHORIZATION FOR THE PLYMOUTH POLICE DEPARTMENT TO ENTER INTO A CONTRACTUAL GRANT AGREEMENT WITH THE MINNESOTA DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT WHEREAS, The City of Plymouth has placed former Police Sergeant Robert Nesbitt in the Minnesota Joint Analysis Center, where he has worked as a contract employee since July of 2005; and WHEREAS, the allotted amount of $28,850.00 will be dispersed to Mr. Nesbitt during the grant agreement term of January 1, 2012 through December 31, 2013 for his contractual services. WHEREAS, the City of Plymouth will be compensated for all costs associated with this grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA are hereby authorized to accept the grant and enter into an agreement with the Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management for the project entitled Minnesota Joint Analysis Center for a period to expire on December 31, 2013. Approved this 24th day of April, 2012. Page 8 rp)City of Agenda 6 . 1 3PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Steve Juetten, Community Development Director April 24, 2012 Reviewed by: Steve Juetten, Community Development Director Approve Joint Powers Agreement For The Utilization By The Item: City of Medicine Lake of the City of Plymouth's Rental Inspection Personnel 1. ACTION REQUESTED: Approve attached Joint Powers Agreement between the City of Plymouth and the City of Medicine for Plymouth to provide rental licensing inspections to Medicine Lake. 2. BACKGROUND: Over the past several months, Community Development Department staff has been discussing the possibility of city staff performing rental licensing inspections for the City of Medicine Lake. Medicine Lake is in the process of updating their rental licensing program and in doing so, is in need of an inspector. The Joint Power Agreement limits the responsibilities of the City of Plymouth to scheduling the inspections, performing the inspections and re -inspections and notifying the City of Medicine Lake of the results of the inspections. All correspondence and follow-up with the property owners and any legal issues will be handled by the City of Medicine Lake. The City of Medicine Lake has approximately 34 rental units that will need to be inspected every two years. Given the relatively low number of units, the need to inspect only every two years and the fact that over half of the units are part of one property, staff is of the opinion that the inspections will not unreasonably burden current city staff. This is an example of governmental entities partnering and collaborating in order to reduce costs. 3. BUDGET IMPACT: The draft Joint Powers Agreement proposes a $125 fee per unit inspected (initial inspection and one re -inspection). If additional re -inspections are required, the City of Medicine Lake will be charged $50 per additional re -inspection. The expected revenue collected every two years is 4,250, which will cover the inspection costs (personnel and overhead). There is no cost to the City to provide these services. 4. ATTACHMENTS: Draft Joint Powers Agreement Resolution Page 1 JOINT POWERS AGREEMENT FOR THE UTILIZATION BY THE CITY OF MEDICINE LAKE OF CITY OF PLYMOUTH RENTAL INSPECTION PERSONNEL THIS AGREEMENT ("Agreement"), is entered into by and between the Cities of Plymouth, Minnesota and Medicine Lake, Minnesota, and is effective upon the adoption of the attached resolutions by each city and the execution of this Agreement by the named officers of each city. I. Background Both cities are municipal corporations of the State of Minnesota, and are incorporated as statutory cities. Both cities have adopted, administer, and enforce the 2000 International Property Maintenance Code and the MN State Building Code within their respective jurisdictions. The City of Medicine Lake has a rental licensing ordinance that requires, among other things, an inspection on a biannual basis. The City of Plymouth has the staff and resources available to provide rental licensing inspection services to the City of Medicine Lake. II. Purpose This Agreement, entered into by the Cities of Plymouth and Medicine Lake is for the purpose of providing rental licensing inspection services by the City of Plymouth to the City of Medicine Lake. This Agreement may be modified by subsequent agreements of the cities. III. Appointment By executing the attached resolution and this Agreement, the City of Medicine Lake hereby appoints the City of Plymouth Building Official and assignees, as the City of Medicine Lake's Rental Licensing Inspector. The City of Medicine Lake confers on The Plymouth Building Official and other assigned personnel of the City of Plymouth full authority to perform the duties of rental licensing inspector under the laws and ordinances of the City of Medicine Lake, as stipulated under section IV of this Agreement. IV. Scope of Services A. The City of Plymouth, through the services of the official appointed pursuant to Section III, agrees to provide rental licensing inspection services to the City of Medicine Lake. B. The City of Medicine Lake will continue to accept rental license applications for dwelling units located within its jurisdiction. The City of Medicine Lake will perform all administrative functions pertaining to the Rental Licensing Program, including but not limited to, acceptance of rental license applications, written communication with the rental license Holders and applicants on violations and compliance, issuance of rental licenses and all legal issues pertaining to the rental licensing program. The City of Plymouth staff will inspect the rental dwelling units as required by City of Medicine Lake ordinances. C. The City of Plymouth staff will provide all necessary site inspections and provide a written inspection reports to the City of Medicine Lake. Page 2 D. The City of Plymouth staff will keep and maintain separate files for all activities undertaken on behalf of the City of Plymouth, and all such original documents will remain the exclusive property of the City of Plymouth. E. The City of Plymouth staff will confer with the City of Medicine Lake Personnel regarding any violations of local ordinances applicable to rental licensing within the City of Medicine Lake. F. This agreement does not include Building Inspection and general code enforcement services. V. Fees and Compensation A. Fees and charges relating to any rental inspection or other application shall be imposed as stipulated below, and shall be collected and managed according to the internal administrative processes established in the respective cities. B. The City of Medicine Lake will, upon presentation of a periodic billing of services provided, and time spent pursuant to this Agreement, compensate the City of Plymouth at the rate of One Hundred Twenty -Five ($125.00) for one inspection and one re -inspection of a single property. Inspections will be rendered only between the hours of 9:00 a.m. and 3:30 p.m., Monday through Friday. C. If additional inspections or assistance beyond the original inspection and one re- inspection is required, the City of Medicine Lake will, upon presentation of a periodic billing of services provided, compensate the City of Plymouth at a the rate of Fifty ($50) per additional inspection. D. The City of Medicine Lake will be solely responsible for the collection of all fees associated by the rental licensee. The City of Plymouth will have no responsibility for said collection. E. The City of Plymouth shall, upon contact by the licensee, schedule all rental inspections. F. The City of Plymouth will be solely responsible for compensating the rental licensing inspector and any designees under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of the City of Plymouth. G. The City of Plymouth will provide a vehicle, office, equipment, and supplies necessary to provide rental inspection services, and will bear all costs attendant thereto. H. Each party to this Agreement shall be liable for its own acts or omissions and those of its own employees and the results thereof to the extent authorized by law, and shall not 2- 53799 Page 3 be responsible for the acts of the other party, its agents or employees. It is understood and agreed that liability and damages arising from the parties' acts and omissions are governed by the provisions of the municipal Tort Claims Act, Minn. Stat. Ch. 466, and other applicable laws. This Agreement shall not be construed as and does not constitute a waiver by any party of any conditions, exclusions or limitations on the party's liability provided by Minnesota Statutes, Chapter 466 or other applicable law. This clause will not be construed to bar any legal remedies that each party may have for another's failure to fulfill its obligations under this Agreement. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. Ia(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. VI. Termination, Separability A. This Agreement may be terminated by either party upon ten (10) days written notice provided to the City Manager of Plymouth or Mayor of Medicine Lake. B. Upon termination, any and all records or property of the respective cities will be returned to the appropriate city. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. IN WITNESS WHEREOF, the Cities of Plymouth and Medicine Lake have pursuant to the authorizing resolutions hereto attached, caused this Agreement to be duly executed effective on the day and year last entered below. CITY OF PLYMOUTH CITY OF MEDICINE LAKE Kelli Slavik, Mayor Mary Anne Young Mayor Laurie Ahrens, City Manager , Date 3- 53799 Date Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR THE UTILIZATION BY THE CITY OF MEDICINE LAKE OF CITY OF PLYMOUTH RENTAL INSPECTION PERSONNEL WHEREAS, the City of Medicine Lake is currently without the services of a Rental Licensing Inspector; and WHEREAS, the City of Plymouth is willing and able to assist the City of Medicine Lake by providing Rental Licensing services; and WHEREAS, state law expressly allows the execution of joint powers agreements, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Mayor is hereby authorized to sign said agreement. Approved this 24th day of April, 2012. Page 5 rp)City of Agenda 6 , 14PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Marie Darling, Senior Planner Reviewed by: Barbara Thomson, Planning Manager, andApril24, 2012 Steve Juetten, Community Development Director Item: Approve the Rezoning, preliminary plat and variance for Arbor Grove 3rd Addition", a 14 -lot subdivision at 4420 Brockton Lane (2012012) 1. ACTION REQUESTED: Move to adopt the following attached items for Ryland Homes, as recommended by the Planning Commission: L An ordinance approving the rezoning of the subject site from FRD to RSF-3; 2. A resolution approving findings of fact for the rezoning; 3. A resolution approving the preliminary plat for "Arbor Grove 3rd Addition" for 14 single family lots; and 4. A variance to the subdivision regulations for an alternative turnaround on a stub street. Approval of a rezoning, findings of fact, preliminary plat and variance requires a 4/7 vote of the City Council. 2. BACKGROUND: At their April 18, 2012 meeting, the Planning Commission voted unanimously to recommend approval of the request. The minutes of the meeting are attached. The applicant was present and spoke in support of the request. No residents requested to speak. Notice of the Planning Commission's public hearing was published in the city's official newspaper. Two mailed notices were sent out to all property owners within 750 feet of the site. One notice was sent upon city receipt of the application, and the other notice was sent 12 days prior to the public hearing. A copy of the notification area map is attached. Development signage remains on the site. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Staff Report Ordinance Approving the Rezoning Resolution Approving Findings of Fact Resolution Approving the Preliminary and Final Plat Resolution Approving the Subdivision Regulations Variance Page 1 Draft Planning Commission Minutes April 18, 2012 Page 2 6. PUBLIC HEARINGS A. RYLAND HOMES (2012012) Chair Davis introduced the request by Ryland Homes for rezoning to RSF-3, preliminary plat and subdivision variance for "Arbor Grove 3rd Addition" for 14 single family lots. Senior Planner Darling gave an overview of the staff report. Chair Davis introduced the applicant, Michael Ramme, Ryland Homes. Mr. Ramme said they plan to develop this project in one phase and would begin grading later this summer. He said they would like to have a home constructed for the fall Parade of Homes and would begin selling homes in fall of 2012. Mr. Ramme said he assumed the final build out would occur by mid - 2014. Mr. Ramme reviewed the home styles and said the price range would be in the $370,000 to mid -$400,000 range. Chair Davis asked how the roads from this site would interface with Arbor Grove 1 and 2 and the adjacent properties. Mr. Ramme introduced Dave Nash, who explained the roads do not connect, and the only connection is through the trail. He added the trail will connect to Zircon Lane. Mr. Nash said ghost plats are provided for the property to the north and south. Chair Davis asked about a connection to the hammerhead. Mr. Nash said there is a small parcel guided for lower density residential use on the north side. Commissioner Anderson discussed the ghost plat and asked if Ryland has any control on the properties north or south at this time or if the property owners had reviewed the ghost plat. Mr. Nash said they have no formal control of those properties at this time, and he didn't believe the property owners had seen the ghost plat. Commissioner Anderson asked if the city or the property owners would maintain the pond on Lot 1 Block 2. Senior Planner Darling said the city has taken over maintenance of ponds in the city. Commissioner Anderson asked if there is sufficient access for such maintenance. Mr. Nash said the access will be from the trail. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Page 2 Draft Planning Commission Minutes April 18, 2012 Page 3 MOTION by Commissioner Petrash, seconded by Commissioner Anderson, to approve the request by Ryland Homes for rezoning to RSF-3, preliminary plat and subdivision variance for Arbor Grove 3rd Addition" for 14 single family lots. Vote. 7 Ayes. MOTION approved. Page 3 Agenda Number , File 2012012 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Marie Darling Sr. Planner (509-5457) through Barbara Thomson, Planning Manager MEETING DATE: April 18, 2012 APPLICANT: Ryland Homes PROPOSAL: Rezoning to RSF-3 (single family detached 3) Preliminary plat for "Arbor Grove 3rd Addition" for 14 single-family lots Subdivision variance for an alternative turnaround on a stub street. LOCATION: 4420 Brockton Lane SCHOOL DISTRICT: Wayzata School District (ISD 284) GUIDING: LA -2 (living area 2) CURRENT ZONING: FRD (future restricted development) REVIEW DEADLINE: June 23, 2012 DESCRIPTION OF REQUEST: The applicant is requesting approval of the following items: rezoning of the 8.3 -acre site from FRD (future restricted development) to RSF-3 (single- family detached 3); preliminary plat for "Arbor Grove 3` d Addition" to establish 14 single-family lots; and, subdivision variance to use the public streets as a hammerhead turnaround where the regulations requires a temporary cul-de-sac at the south end of Zircon Lane. Page 4 File 2012012 Page 2 Notice of the public hearing was published in the city's official newspaper. Because the proposal includes a rezoning, two notices were mailed to all property owners within 750 feet of the site. One notice was sent upon city receipt of the application, and the other notice was sent 12 days prior to the public hearing. A copy of the notification area map is attached. Development signage has also been posted on the property. CONTEXT: Surrounding Land Uses Agricultural Property I LA -4 I FRD NSingle-family homes in the Arbor LA -2 RSF-3 Grove 2"d Addition subdivision East Agricultural property LA -1 FRD South Agricultural property LA -2 FRD Existing single-family homes on large, rural lots within the City of Medina. The West City orMedina has recently reviewed a residential development concept plan with 136 new homes for these properties. Natural Characteristics of Site This site is located in the Elm Creep watershed district. No portion of the site is within a floodplain or shoreland overlay district. The site has a low -quality wetland basin that occupies the cast half of the property. The site has mature trees and is subject to tree preservation regulations. The blue spruce planted in rows in the center of the property are part of a tree farm and are considered agricultural products. All but a handfirl of the blue spruce are infected with needle cast and are considered diseased by the subdivision ordinance. Based on these two criteria, they are exempt from the calculations. Previous Actions Affecting Site The house on the site was built in 1929 and the property has never been platted. As part of the 2009 comprehensive plan update, the City Council reguided . this site to LA -2 allowing 3-6 dwelling units per acre) and added it to the urban service area. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the comprehensive plan. if the proposed zoning is not consistent with the comprehensive plan, the city must deny the rezoning application. The zoning ordinance and map are the enforcement tools used to implement the goals and standards set by the comprehensive plan. Page 5 File 2012012 Page 3 The city's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the subdivision regulations and zoning ordinance, If it meets these standards, the city must approve the preliminary plat. The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the subdivision regulations 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 applicable standards, ANALYSIS OF REQUEST: RF7nN1Nf_ The applicant is requesting to rezone the site from FRD to RSF-3 to accommodate a new single- family development. The FRD zoning district serves as a "holding zone" until a landowner or developer makes an application for development. At that time, such property shall be rezoned in accordance with its land use guiding designation in the comprehensive plan. Comprehensive Plan Chapter 462.357, subd. 2 of state statute requires that the zoning map for each city be consistent with its adopted land use guide plan. The subject site is guided LA -2 (living area 2) on the city's land use guide plan. A copy of the LA -2 section of the comprehensive plan is attached. Land Use: The comprehensive plan includes single-family detached dwellings as an appropriate land use and the RSF-3 district is listed as an appropriate corresponding zoning district for property that is guided LA -2. Consequently, the requested RSF-3 zoning is consistent with the LA -2 guiding of the site, Dens i : The LA -2 guiding designation specifies a minimum density goal of three dwelling units per acre and a maximum density of six dwelling units per acre. Density is based on net acreage excluding ponds, wetlands and related buffers, and existing roadway easements for Brockton Lane. This method of calculating density is consistent with the procedures established by the Metropolitan Council. Based on the net acreage of four acres, 12 to 24 dwelling units could be accommodated in accordance with the density guidelines identified in the comprehensive plan. The proposal for this site includes 14 dwelling units and is consistent with the comprehensive plan. Affordable Housing: The applicant has determined that they could not meet the city's affordable housing goals due to land and development costs associated with single-family development. They estimate the finished homes would sell for at least $345,000. This site would not present a good option for the city to leverage affordable housing units, because the city could better use its resources to assist in the development of affordable housing units in higher density areas with multi -family dwellings. Page 6 File 2012012 Page 4 Staff supports the requested rezoning from FRD to RSF-3, with the following findings: 1. The RSF-3 zoning and proposed density would be consistent with the LA -2 guiding, pursuant to the comprehensive plan. 2. The proposed single-family development would be consistent with the comprehensive plan and would comply with city standards. 3. Adequate infrastructure, as noted below, would be available to support RSF-3 zoning and the proposed development for this site. PRELIMINARY PLAT AND VARIANCE The proposed preliminary plat contains 8.3 acres and would be named Arbor Grove 3rd Addition, Under the plan, the site would be subdivided to create 14 single-family lots with a homeowner association. Subdivision would occur in one phase. The applicant has provided a concept plan as to how the water main and streets could be extended into the adjacent properties. The site would eventually have a looped water main system and roads connecting through adjacent properties when properties to the north and south are developed. Public Streets Access to the future homes would be from two new public streets, 44t" Avenue and Zircon Lane and no driveway access would be permitted from Brockton Lane. Zircon Lane is proposed as a temporary stub street to both north and south property lines. The north end of Zircon Lane does not require a temporary cul-de-sac as the stub is less than 150 feet in length and no driveways are proposed to access the stub street. The south end of Zircon Lane is discussed below. Variance Request — Temporary Turnarounds Section 524.05 of the subdivision regulations requires a temporary cul-de-sac to be provided at the end of any stub street that exceeds 150 feet in length or if any home has driveway access to the stub street. Zircon Lane south of 44t" Avenue is 130 feet in length, but two homes would have driveway access to the stub street. Instead of constructing a temporary cul-de-sac, the applicant requested a variance to use the north end of "Zircon Lane as a hammerhead turnaround as no lots would front that road segment. Hammerhead turnarounds are permitted on private drives and in parking areas, but are not typically permitted on public streets. The applicant proposes the hammerhead turnaround so that new homeowners would not be inconvenienced by the presence or removal of the temporary turnaround, which in turn increases the marketability of the three affected lots (Lots I and 2, Block 2 and Lot 6, Block 3). Staff reviewed the variance request against the four standards in section 516 of the subdivision regulations (attached), as follows: Spirit and intent of the re elation: The intent of the length limit is to prevent long dead-end streets that are difficult for large vehicles, like fire trucks and moving vans, to turn around. The Page 7 File 2012012 Page 5 intent of the access requirement is to limit the number of trips on a stub street without a turnaround. In this instance, the stub street is short (13 0 feet) and there are no driveways with access to the proposed hammerhead turnaround. To minimize the distance vehicles travel from the intersection of 44t" and Zircon Lane, staff recommends including a condition that the developer construct the driveway for Lot 2, Block 2 on the north side of the property (about 80 feet from the intersection) as the majority of vehicles would not travel further than the driveway. Additionally, the south end of Zircon Lane could be used for snow storage in particularly heavy winter seasons. Unusual hardship; The size of the property and the long, narrow shape contribute to the unusual hardship as the developer is unable to place a temporary turnaround in a conforming location without compromising the viability of two lots. Public welfare: The use of the north end of Zircon Lane as a hammerhead -style turnaround would provide adequate maneuverability for large vehicles without compromising public safety as there would be no driveway access to this road segment. Minimum action: The variance request is the minimum action necessary to alleviate the hardship. Utilities The applicant would extend the water main along the west property line of Lot 2, Block I Arbor Grove 2nd Addition to the site. Sewer is currently available near the existing trail stub, Both water and sewer would be extended to the south property line to provide future utility connections to the adjacent property when it develops. The water main would also be stubbed to the Brockton Lane right-of-way to allow a potential connection should a future water main be installed adjacent to the roadway. With the standard conditions listed in the attached resolution, the proposed utilities would be consistent with city regulations. Tree Preservation/Landscaping This development is subject to the city's tree preservation regulations. The regulations require preservation of at least 50 percent of the caliper inches of significant trees for residential development sites, or reforestation and/or monetary restitution for any removal in excess of that threshold. A significant tree is defined as one being eight inches or larger in diameter for deciduous trees, and four inches or larger in diameter for coniferous trees. With the exception of the blue spruce planted as part of the tree farm, the applicant has inventoried 661 significant tree inches on the site and indicated they would preserve 158 tree inches (23.7 percent). The applicant is required to provide restitution by planting 216 tree inches on the site. The applicant's Iandscaping plan includes 221 inches, including the two trees required to be planted within the front yard of each lot. Consequently, the applicant's plan is consistent with city regulations. Page 8 File 2012012 Page 6 Lot Arrangement The RSF-3 zoning district requires a minimum lot area of 7,000 square feet and a minimum lot width of 65 feet (as measured at the required front setback line). All of the proposed lots would meet or exceed those standards. The minimum lot area proposed is 8,395 and the minimum lot width is 72 feet. The average lot area is 9,288 square feet (excluding the lots in Block 2 due to the wetland) and the average lot width is 79 feet (excluding Lot 1, Block 2 due to the pond). Sideu,alks/Trails A concrete sidewalk would be installed along one side of the public streets within this development, and an interpretive trail would be constructed adjacent to the wetland extending from the existing trail in Arbor Grove 2"d Addition to the south plat line. This trail would eventually connect the development with a neighborhood park tentatively planned to the southeast. The applicant's proposal for trails and sidewalks conforms to city requirements. Drainage/Treatment of Runoff The city requires storm drainage systems to be designed so that the post -development rate of runoff from a site does not exceed the pre -development rate. Additionally, the city requires treatment of storm water runoff before it enters the drainage system. The proposed development would include a water -quality pond and all the storm water runoff would be directed to the pond for treatment prior to release into the adjacent wetland. The resolution includes standard conditions to ensure compliance with the city's storm water requirements. Wetlands The applicant's plans show wetland buffers and structure setbacks consistent with ordinance requirements. Conclusion on the Preliminary Plat and Variance Staff supports the request with the finding that: 1) the proposed plat would be consistent with the comprehensive plan, and would comply with the standards outlined in the subdivision regulations and zoning ordinance and 2) the requested variance would meet the standards listed in section 516 of the subdivision regulations. RECOMMENDATION: Community development department staff recommends approval of the following items for Arbor Grove 3rd Addition: a) an ordinance approving the rezoning of the site from FRD to RSF-3; b) a resolution approving the findings of fact supporting the rezoning; Page 9 File 2012012 Page 7 c) a resolution approving the preliminary plat for 14 homes; and, d) a resolution approving the subdivision variance, ATTACHMENTS: 1. Draft Ordinance Approving Rezoning 2. Draft Resolution Approving Findings of Fact for Rezoning 3. Draft Resolution Approving Preliminary Plat 4. Draft Resolution Approving Subdivision Variance 5. Applicant's Narrative 6. LA -2 Excerpt (Comprehensive Plan) 7. Section 516.05 Subdivision Regulations Variance Standards 8. Location Map 9. Aerial Photo 10. Notification Area Map 11. Site Graphics P'1CommMYNSTAFFRSPTC%201212012012 pc Arbor Grove 7rd.docx Page 10 February 15, 2012 Ms. Marie Darling Senior Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Arbor Grove 3rd Addition Preliminary Plat Application Dear Ms. Darling: RYLAND HOMES® TWIN CITIES DIVISION 7599 Anagram Drive Eden Prairie, MN 55344 952-229-6000 Office 952-229-6024 Fax www.ryland.corn Ryland Homes is pleased to submit to the City of Plymouth a preliminary plat application for Arbor Grove 3rd Addition. Along with the request for a preliminary plat approval, this application also requests a rezoning approval from FRD to RSF-3 and a variance approval regarding the need for a temporary cul-de-sac. The entire property consists of 8.24 acres, of which 3.68 acres is a wetland, leaving a net developable 4.56 acres. The proposed development includes fourteen (14) single-family lots, (based on a RSF-3 zoning district), two public streets and one storm pond system. Ryland anticipates this addition to be developed this spring and summer, with lots available for residential construction in late summer. The new addition will be marketed as a continuation of Ryland's adjacent Arbor Grove neighborhood and will be linked to the current neighborhood via a pedestrian trail system. Ryland will continue the same line up of homes currently offered in Arbor Grove. These six floor plans range from 2,185 square feet to 3,346 square feet with base sale prices fiom $361,990 to $423,990. Each home has three to four different elevations for our buyers to choose from. All current homes consist of two-story construction with a 9' foundation, 9' first floor ceilings, four bedrooms, two and one-half baths including a master garden bath, fireplace with mantel, and three car garages. Other features and options depending on home style include second floor laundry, tandem Ott' stall garage, main level office, and a morning room addition off the rear of the home. Page 11 It is Ryland's understanding that a temporary cul-de-sac would normally be required on the proposed south stub of Zircon Lane North. Such a cul-de-sac would eliminate the marketability of 3 of the 14 lots, rendering the property not feasible to develop. As an alternative to the cul-de-sac on the south stub street, Ryland requests a variance to use the north stub street as a hammerhead in order to satisfy the need for a turnaround. There are no lots fronting on the north stub street, therefore the use of the northern stub street as a turnaround would have very little impact to our future residents. Ryland Homes has enjoyed working with City Staff on Arbor Grove's first two additions and looks forward to working with Staff again on this new addition. If you have any questions with this application, please call our engineer Dave Nash with EVS at (952) 646-0253 or myself at (952) 229-6007. Sincerely, Mark Sonstegard Land Development Manager Ryland Homes, Twin Cities Page 12 F LIVING AREA 2 (LA -2) Living Area 2 (LA -2) identifies areas for single and two-family homes and townhomes, and directly related complementary uses such as churches, schools and recreational facilities. The primary intent behind the LA -2 designation is to respond to a need for smaller homes on smaller lots. The City needs to offer the opportunity for this type of housing alternative to expand opportunities for families seeking more affordable single family home living and to respond to changing demographics. As the population ages, there will be a growing need for smaller homes for empty nesters and for smaller families. LA -2 also offers the opportunity for townhomes, which provide additional life cycle housing opportunities. Townhomes in LA -2 neighborhoods offer residents a housing option with less maintenance than a typical single family home, while still being located in a familiar residential setting. To allow greater flexibility to preserve natural resources, the City may allow apartments up to 12 units in a single structure in areas guided LA -2 as long as the density is consistent with the Comprehensive Plan. The City will evaluate requests on a case by case basis where a developer can demonstrate that apartments could preserve a significant natural resource that would be lost through development of detached homes or townhomes. Guidelines and Criteria Minimum Density: 3 units per acre Maximum Density: 6 units per acre City Utilities: Required for all areas Corresponding Zoning Districts: RSF-3 (Single Family Detached 3) RSFA (Single and Two Family) RMF -I (Multiple Family 1) RMF -2 (Multiple Family 2) Other zoning districts may be appropriate irthe proposed development would meet the density criteria of 3 to 6 units per acre. Types of Development: . Single Family detached dwellings Page 6 of 19 Appendix 3C Plymouth Land Use Plan— April 14, 2009 Page 13 Two-family dwellings Townhomes Apartments with up to 12 units in a building if resource preservation criteria met Churches, schools, and private recreational facilities Development Location Criteria: . Not appropriate adjacent to principal arterial interchanges Desirable Facilities: • Neighborhood parks, school parks or mini parks within 112 mile walking distance of the neighborhood Defined trail system that connects the neighborhood to other services and facilities, including parks, schools, churches and neighborhood shopping areas Neighborhood shopping facilities within five minutes driving time from the neighborhood Page 7 of 18 Appendix 3C Plymouth Land Use Plan— April 14, 2009 Page 14 516.05. Review Criteria. Subd. 1. The Council shall not approve a variance unless they find that the following criteria, as applicable, have been met: A. The variance, and its resulting construction or project, would be in keeping with the spirit and intent of this chapter. B. The variance would alleviate an unusual hardship existing upon the land such as physical surroundings, shape, or topographical conditions. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. C. The variance and its resulting construction or project would not be detrimental to the public welfare or injurious to other nearby properties. D. The variance requested is the minimum action required to alleviate the hardship. Page 15 Location Map" 2012012 Legend C, Comarcial Ryland Homes ® CC, City Center co, cammerciel Qtrice 4420 Brockton Lane ® 1P, Planned Industrial LA -1, Living Area 1 Request for Rezoning and Preliminary Plat for nLA-2, Living Area 2 LA -3, Living Area 3 Arbor Grove Third Addition ®LAA, Living Area 4 to -R1 to -R2 r;U.b' to -R3 LA_RT P -I, Public!Semi-PubliOnstitutional Rural-ta-Urban Transition Zane ity of Plymouth, Minnesotu 300 150 0 300 600 900 Feet LA -4 i C a r r LA -4 LA -2 R 1 i LA -1 a 1 l LA -2 Location Map" 2012012 Legend C, Comarcial Ryland Homes ® CC, City Center co, cammerciel Qtrice 4420 Brockton Lane ® 1P, Planned Industrial LA -1, Living Area 1 Request for Rezoning and Preliminary Plat for nLA-2, Living Area 2 LA -3, Living Area 3 Arbor Grove Third Addition ®LAA, Living Area 4 to -R1 to -R2 r;U.b' to -R3 LA_RT P -I, Public!Semi-PubliOnstitutional Rural-ta-Urban Transition Zane ity of Plymouth, Minnesotu 300 150 0 300 600 900 Feet tz ' f II1} 1 -: $ r L`}sh`.. °a.:'+3: i-_ ', e j w l D' •. T f. ]f3.il E all i' Od2. y'f*i 1.. ' C i F •s' S. :. wr,il Ty z - p l'tF - [ 1 _ a. (°K r ' t x { ',1 av` \f '' `,.,?sg t>ne 4 J y '•- '' jr `' y__ y ` ,t 'ya't-.. ti\ „';.,. y ip 3. - I .. fez 3E -. s _ r i !. Ee G"F 'v.L"' 4. ' y.t• 7 s-` 5: f 14-r y r7 r% ; ' ! f r _ #. \ 'o AW. f mOAT i Site F•N" Y ,,}„,". J`- '1 S - ,_ f% -2 _"1 f--- YSyK,' q Y L NO b . -... -•.. E - yart L ., s is waranh- z age Arbor Grove Plymouth, MN E-. r MAR ?'T 2Qi2 CITY Cr?!Y&G i i is N awe o+ reEr Adjacent Parcel V=60' Ghost Plats PAGE No, 1 03.27.2012 Page 19 MAL SCRIFR,DN LEGEND OEECRIPTION-PARCEL A __._---..W.._. snv gLIrPNYer.X* eu°e wFr.u....xN ' / I Y, X /'/,` T¢NEREMwu mllFlcr.rtmeEs P11rH[VFGE,ATIEN M2EaIILgN0.RNIPNRG e,P eRAve BRywu a.1 smLPORIxg 2 Aqi* vioweEocam,uPsucTa PUNXE¢xJREYu E1axPfRaE¢emcuPa odarcrLuvuxEa,.ce $ E nc wxT,+uro¢ Rvi uLP¢cvemonE rrgnvaceTDAwuerrt PROPlR11W PxRP'P,xempimuPxtle PXxEBOF xlBER<LER. TIECIXIeNCIGRYY6IBE NEl85gLELY REBFOxpk°E PORMTExMxO!¢TO,XEe¢u[axT RWOTXe[oN91(P,LTL, pXPsf9 OFTXN PROJERw ME OR¢Xu¢muna,E,lm uROR,¢IE vxan¢F R1m,iNE REWREMENT60PTNe0wxER¢6¢ea 6.1aEex.uL xuteEcwPHFYCO BVTIE 01YNER9 9018PCXEWLEFpm mnieClal W1LaimamYexriNGM1REWIPED 601E Eg,gxx¢ Ix6P¢Pmxawtm,Xee01L¢ eXOMER PRIP,I8INOPNOMM'rNUNOTRN,Gcpxmu¢ENliee ICME4 Wx.R,E0810x9.dFfl.1 L sl0xe MONENYNg Lgl4T6 TOmX,RPLTXN ueveMExr¢E,RPRL VNFPF Ne[erSxRl.1wV NC WNt,LNICEBBNRLL CONrONf,Pv/PR¢PPu¢E NEBTOF,Rx W1AY1Ge eT.UmfROA 6, TXETFeEsaNPOTwRx,uReaL PArnxwmmlrv»E Tv iNEP80LLTMEOF P IAEgONgE 5 TOf0E WHfRenPRs OE6Rn119BM'PErEL¢E1xcuRE¢,c M oRT1NE1PEE8 VMILNXie TO AE vE¢Tces uRE,,,aTRXEE¢uIPMeXrR xOf NeacLmELY CFFim JxVERIIAPgYTReE INO SXgPauePIE ORxEMC ru,riE Ix vNw¢ x¢ Aou<mnro In Cl'1 ua.wYFcancaaf merPec¢RexPXE¢ oulaE wlPumPRNerRPE,RnTxaeef,NJeonrw.o¢i FYY Np&NLL06rNl Me6eRNm¢¢F.R PflgfEg6puxL,R¢e,RIu11x0 ERVJ:e TO„W,1e: OFXp¢pONxIx00FOPERATX)W ye8¢¢ rxecoxm.6PPeu,nxr xeEL, Inr RIEJaONEN LIMB69XWlP E PEMOxY01uMlPUYFxxac clrt¢ ewil BEP¢JPFJ6Y x ANYl,ellNO OIMK.ETOTC fix. NOTRIP RX44¢E Reurn eo M,MWeG,ION eY n[ CxdxE M AM PPPPAUPP ¢v,x e gry,coe,e Pae,R¢1uIX¢ e,NNCBeWLL R¢ caw¢E R eo BMIEE,ITN. ro TN a cgxs„R1R I P x Ax¢ xR 9PEPxLPA,uexTvnLLE W9E e YxY ¢PNHTM1e,NPXIN THEBRENe0R8N4¢1w+ ,X6iXPINEEIiWIlX ArwwO p TNETMELNEW REVLLYi PeCI169L1VYIAIBP11uLiE¢ xUIRLLw M'IlNOxT NxxlopdfPAMTNEPRGE4T cNCUE0. WNTUPNR ¢4uxReRR,IW R,E¢r°mLANOR,O Ew,i W.,ECONB,RXGIIW TIecOMRee,uL BWLLPRryPpRe,uLLYwM6P r wOwNTwIRLRe NOUR¢-RP OPrWMOmNPL>:n¢x. AR SURVEYING ENVIRONMENTAL PLANNING Eve, exi 10iu.¢ PNn: wn..es'su fx= enreme xecev.wa:uo r ry' i xIFP'+itiY aew41 CRENFrmxrx NII xePEex,xn PmM"•n! c m,aivaeeo c]ty Comments March 27, 2072 angecr Arbor Grove 3rd Addition pC,e N Plymouth, MH E>< Ing Concildens, Removals & Tr IdentlNmtIon k Dwte B,,;W,ON PN(Y1S Pn4 PM 6P. nem fins CN VwY A@ wriRvfnoN DLLV UOmN M O4TH „>J¢ eevvxbOTA. 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Eta r emrs P61 r rm.map e cnaamsraw. aau nEa Ir l ,... xrrz r r,a.Epe ae.e4• cad.tlr seuF r atm r Pda.weaw rm.ma+trr aur r tda.t,rp opnF.a egaeme a bf.1 P cdaaa4Paaw PRE r p b,deans xmi .^ Cab,ae NOE T _-ap:e Rmatlo£ w.t 6m tr Iw tr r4•w0.W9t11-IYx wieswiwm nawa+tgwd a+d.mewmrv' 6zr E- Rfa.tlo m!T r 6Yrrdr 6to r mt w m v.n.. pl ulbm aa+ mn r o1e,..nap mo,rom P® r mm.do atr+ i mn R• a+a.d MOI r oels,map POOT r L'w.mw m xut ,Q R01d 6• CAa BP:s rommalwa TRa r aau Cab,b 6>ns o,a.araasr, and 16a 1• rde eins eu°'m°lata' Im.msp xuua r c+,apn Pa:s c+a,r Wiam I City Comments tax mdd. w6. aEa+ r me.tl^ ae.a.m5ar. xr, a• m1"°° rra,6epdo. Pom r 91T IFICWYTTREE ro BE ytttEP March 27, 2012 ma r nd.msmn. Pxxx+maPtw rF1ru6 wt r mmoPp, autx s cslatorow raamdapue. e6t r tae.asar:e ZYdI M cvporepa m r OblMaapuu OW! 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PTE! r rota.00 a14 r amo c V ca..mlpdcr rtsaspw yr r r d.pb ama 1r colaaaum N1E r Pxal • rmmtaauxt fAu b Pp•s mN axe xwa r cavrdrMt oalortlo NOa a re..a.8rr s L nsa.m amt P roe.napts a1R tr osaa6 mt Q mbWry a RPaa r rduwEp,u TTm s bbubapns rmme xma 1" Cdp+anans mB r OrsamWrv6 000E Y rds a,ap s Tayl t0u' amP cmwrFdtd o- caa..e rmrmaw zaN w• ca4xa0aWacr m Y Lgm,hW,+ p p nYfVL51ON mr.uEptd cva,.madaAr Pppa s ommap mE r we aur r mwm xru r res mut r Cew:.brpe sv6 v caupdo5r.e mmrr Wrvr ctux.m xrm r crwaet ears mn r w.ae ammaPamr aha s uwr 9CGm'_ nd4G„ lamoaahtmNn Ra9ax0BeNeE6NeY RaiOa pnaParv• vessss4esa 4GCdmCtaaa+ met.xT,nm. aaWdbmdel A4ry m6Np1ladTB QdROApNlmnmwdx4bentdEa9lprrpar, xa uss[mue 9aaP6emOmw1 8ac8'' GtramaMOgROWrn,etlude $r9Y rUan W rmw me r1e•• xmm1tmmM LbaaSpppamaessm GrsY• M-4— Px]lwM Yv aV9ClxY. n ON TwMII Aev TREE INfENTORY AND Wi05WA74N TOTALS NQR., 1 E mr:NP aCNC alwwl OP axi a Ntwn85M•n_ a r rleiutn TENaplart6 L«av cmarrmdL O,toa' 1a 1. TPa µW0a6etIRN CRMPtEtF.PRY t s-EnmwcearlPicR Elduurtwr ti soE'me o' P TPieirvspcmaladiaPa Tunw'tiw nae Pr oemCaltaPO w. a PII ID( Tem E' smiiaa i@EC•P 11rTTlmE9epIdRE aet eoirlePaarNRt N4 4r 1'x t6as. rvFlfia'T z aERG1Y eP pLVEwutxrm6aaRECIwwaTReeP-urauRirvRslxwwaTec D&lWN 6Y Cllar lD DY aR caRairR a mwiFPaoua rneEs-urfauwPwr w RuaETea EU ON rwEisuaiql ioln lsN•rmuearml6o wra em.Tu 3ZT.lOf2 2r11-083.7 5ED3)Br M1MDER C102 Page 21 I NCHNEERING IIP ---------- 1 ----. I_ r r \_ 1 ES PLANNINGliJ r ENVrRO MENTAL b , . l` T .r J• II — — — — — I I ' I ee..w.l"amimK..ol.esH. l 1 t I f Ilk I I + 1 rr.w.:YFNuauW O I ! bl ! L SNRMYAT5R I! I Ib n[11AN09uRpERBeRnLk U 1 2 3 1 4. 1 O1 \• I! wL woKwvFa IIL J OMAm ---------- __- \ °ire I eIPIII [ MP N I onlw6tiF9 nOw1GMY d Ili// RPNMFMKpfvonrtiiEo6nn„ 7p ` suaLlouurzsl euxa 44TH AVENM NCRTH - _ _ _ - vEPe6svuNxaLw r _. -- — --1-6 — J` I I uw.oez.unleTl Ii + P_ --------- I ''r I e,.6cmI II I 6w wme, li 2 3 li 4 li City Comments March 27, 2012 I ---- __ Jr Afll GIIIIIIIor rune I L_________- I 3rd Addiflon b__________ --------- -- W 7— eT L I W TM AaAcawPNPsoPePry awixcau I i I Plymouth, MN ON-- P" I` slmsr Preliminary lj.qd:; II Site Alan on s DAM I.4 uxnu uFoa,... 91N fLE FMIILY aRE PFyEfOFafENT9l]ItlNRY NMS LEY -a ss arrEluru- asH+c _ I oxa6ouxofiom„F wF.bv-„uwm P .—a6mssruvn u Li]awe,lr+oe. Boor a eLw,eraclmwortY2N tees wen.,xo euFFfis- a]ea eF .LFnmssarm 6loK 6PSOKCww4PKP Leas xuxvFaxo nfou nliHwlwimwiom nvnYF, mFrKoxxFPlms x elxolLlexaoNaAnee.LYLaFau6. so cF euL[99 aPDCxP]x LwVF6ruEM[NT• Aft aC N NIM LOTLePin „ suxO. NU GR MIxmEo [ s]xE6WI6E.eACKOFNf®B a :aeuo,eMafRee, abx PIMP rnou6 r vER.Ns sufLOFPafrl LOYANG KxLYouLY ouLYu brut NEielie WFF• ,.feAc oDaln F TS IA`uI B — .GFNOlE4MOPAAKIxnsGx R THB lnef60P 06wanY ]A uIIC ]. ETHAMEBAPE WEJECT TOAPPRPWN. eTTl6 ® . PENOTEa IVEiLAMeuFFFx'a0w ' r]LC Yf6 LRNNwor.L xE PMx Q- xomx uFr owneAa6AHo un EKE vP uweo;oaniwar Fxo n[tt2,Y sioerevn p , 6+,Y[MorrswlusE VRowx]aw¢KAuw6Llc VI6PIE8AN04P190Ne1]IFpor.Smve,xEro]H i 1e Nvuu6xR Lig penia AYAa ] 6R WARP IRaFLaP u.LFowa J Ixxixw IxxwLmANosoilnensereAcx isrt s xoFwoumr,IswflnnPexe,f.+2oaurvelL % ' r aRWWNaY G]®f YY zoHNa e,r ON EM]1WO 2gex0 FRo.FulvR6RE96EM1VLOEVE Pa0PP66C iW6l0 H6F5 pw18 Pe0]94TN 1272012 2011 x83.1 sxzsrepusmsx 0200 Page 22 LEGEND 4wCXIN—VDEIcr FENEE aurwourcalu a.. 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FAIW rurEnEowPY awmox,wN 9PLmEMC rap,nexrea oaY slre resrnxlu]aPI FaEW cmmrMecwrPNn. 1w 061NEERINGSURVEYING ENVIRONMENTAL PLANNING mmw.F+nwwtEviii xvxirv]nlwmm Td Cbar FfiPdu,o xm Nx,e,uaw...m FN.eNx w swrMMx rmnr: NNdxdmm t mr.mamm T Clly Comments March 27, 2012 rmac* Arbor Grove 3rd Addition wGr1wN Plymouth, MN mer Preliminary Sediment B Er lon Control Plan a overs aensrorr FlLLFNIA Dar.PYw 0lrxmnxm 06v6@IGTON xx 06 xNv S mN1410Naucruw+n 7,1mx1i ppcR to OP rrnN8E0YM 144 GEG mNaN 31iS DaA9]r BY CXEO® 9Y 1 ON DASS eN076CrA 127.2012 2W1 M.1 Sr'E r, ryP1AfIIG6 0300 Page 23 LCT IAiMe6i 9610EYFPO BETMIX — h mrd". 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NWPa AVTeppmcx4RMINGm Tp,S 4 ENGINEERINGSURVEYING ENVIRONMENTAL PLANNPIG eL r`rr vl... Roee, wN: Wn eaLe v oN..IwwPw.od RaLR PNwr:0.VeleNae F eeaaeaoew raravlE.wN MN seLo nn..waw...a PN NN, Nxae«rnRTx aNPYerxaaew FeFers oNALm reF.w•' city comments March 27, 2912 Jecr Arbor Grove 3rd Addition LGCVTION Plymouth, MN 6f®1.'T Preltminary Grading Plan M CAPE BSaTaeDN ve6ltE PtN.PIYahux PNm mdv CAVCamwb eli..s4 CN s aep LRmve IAYM 9Vr8ANNON T IIS TVEume Re aeN>oCeeie. aoea fl T DM9pR BY n CLTC CY e.l on CATS Ee ;-4 3m.2(112 2619083.1 SI TNUN — C301 Page 24 LmLRY NOTES t ECIXRMCLCRICEPHCIPIHQWG1gSM piNArTN9 JCGNIMCpRpLPJAiIYIClED911xCV,lYPIE4A9 BHpwM ON lxEOE PV.NB Is E6 I°E° Mb[YPEIwMBTIV°N w 111HFI60.1N611@ORIMIICNHIHNCT Y° BF P6IFD CW A9 BEINO EYACTCR CLNPLeTLTXp WNTgRGTTAYVOT GY 1PI oP xl unLN cPMO NT OWW xLME5. 1ragE. KpYPwi° LCcswpNKCrILR1G0.1r ENALLBE TXHACIPCx&BIIIIY°PTIB`C°MIpWILRTO RE4p^J•.rgµl,Au9Tp° VTITM e9W nmnmclOv1CVMNcpu.uRHeiepl RarAre°ke Naw oaEnvHP. MRiEWHe B YcAII. ATwH11•o.+Rw, mRovlfNxtYM0llMiFI. xCCEPT®CCxBPRYCTCN PPACIICEE.TIECCNSRW'rCR&CERN eVLE4Y w uCCYREieLvgp9 xN 9taFVRW RIoIe[N SHEAtO BRE EgrtdWNCIn1eV° e OFYV° w0gRixIB AHWIIAFMFNr WILLMPLY CCNIINYCYHLY M'CNCT EpiIMRpC10 NPRY4 WCPlINp xgVRC TNq purrepF° iFxeEupl n°RTxe pEVEIrsEq r° cp,eummxsmucmx w we";`R wiew orTxeiaTMnucireFm co+°ngeueiT°i' M R6 NiEg86V18DEPNEPRPPERry ORSDIN-Av!tlsSVN00],T wsw, u.em"!10" owNHNx,.HlRle,pgep lx xw°ewpepNgeAEe N FPpM-Tn mlTMilOeEULlJ1A noHt FFn°RnM Px RINSMIM Rve A¢ pp,plxeLY. 4 ewXo elS4lel enTNk] einwM—E°° EfflpMo°rmmREw 4 GrY pP rtvMRlRx ei xNOgRp pHrNLOPECiICASGMB YNLLCCV[WJ. J cEBBYV eVI MH Ndt RRCVDEE NCv°lINR:RMETIYE 9RWIxpus rW LwRX+.T CV4YEl x.ee MATERAL NOTES PENalaHaFlEk IN eeAM egeclPlcATlwu ercerr.e ue9i¢91 P+1' qLV YATDpxLOBWxLCINARYmmYXpgp.VPl[PIDR9 HFTNHCItt. LL ENirtARYwT.TAMHF PYt0EAS9 FlRCM11 H•IR'CEEq, CRSCRir PRCM pFeP, uxLesc xoiep oTxw,W+ee. R. IR IURNwAlpOLwXTp e[ PVC [:°HOCq,N, M'pe INCx vW.YePNwx MeE vTN i]lErrYWMYM WYE0. J. raRliay eSRoicxEinp,un eee0° a ° Iwr°EpiRwm'sEwmlR. l xportwea o: uLwnrew wLxe° e Ym°Icee BI,ALLBEIWCX nope oYqulnl R4lewTa BEIxsEe rwemgaE vplRis IY rY 0°IPRNCX BDECRALLLWV Le° pND Pa wYEV.LL4E 11vsRN4Sv I— wATegxM awRnRV IVNWERS s— sATrcNRrsEwER 1 • 1 FLwieelc aTeN9eelNJwnerwxmL arRs°wRE, BErvpBLCIIYNIn47] 91%Olar I, w we 0 NAlu 1..__-_____..__. _ i__._.--.-__.. i S_---__ ----- i.___ ----__-i li__________- x.--________...- yOFitl'p I i f I I I I I I I I I Ixvle]NY o I II I II ItE.ON.I WVIE1Nrj IveIxp]s i lFC d I ve- wee I II IP4.am,l ,+ewwe V I LOJ Lo -----____J Y'aef r°0eatlu nY--_..•.J '-o___-hN IM aeHR-C'f IEli efko P°WER CL vv_I I I ---_-__.._ xTYVYv' w4•tme RNww ]1___- l I///-- LrvRYwE f i I i i ii wvler. Bmal' I I lel N I i ii.+'V9xro¢W I I 1 I I I I I I I I I I w R1e19w I ' lin,>_ R4VP% IFyORm I ® AXFl R J LNCP _.___ wY J. pea,W L I LI I .. J _ -_. II pwlEPnegel I I I N IwtlC,grl I I I I I I vI u . RP s VYC ,4 FEBMTmau 1 1 1'j Re,' T, g„y 1 r., P ].,<R I rygin. o! j, t$ uN IC16140 II o• PYp \ i pNsPYt , i I ey I T n ,I I w L LL FLVBn lBLEEC LWEVYRX 4 ATlNPCPwATw,M>vx I I EB plEB aMvnmuJOap lV n cPoar°Aowra minsPmia XwL. R,p„ F- igN! S1 ENGINEERING SURVEYINGS' MROMMENTAL PLANNING Y OPVWIYMvRpqsisE , a uiuu N PnPPurNww w+ wav+nP<em eao,. rPa,ls,.x lIM ° BaasPMw+ tl ww City Comments March 2T, 2612 ek0] D Arbor Grove 3rd Addidon wc,. r,DW Plymouth, MN RMrr P, llminary UUllty Plan p DA vW. PIYx Cw.Pkn a1 I TON. Ye 1 A9 rppY,pEn By I T vLAM,] PEr]PRiL'nYN fA- RIR° w0 Bk VN°9ANYDa tlVP80. NXONN r CIHSF.RPaE'RVeeRuxueus 1 SRnl wnw OYCN°G PanmvexWU qR.. p nUvvtu SriC4rA MbA IxNEf° t'N I„ Pw> o i R, d I R].,maalY EIR YY DN t oN i DATC +MIH['r k i3. 2T.2012 znii-053.1 T m SNPSI NOMSE0. I WG IN mu c400 Page 25 PRELIMINARY PLAT ARBOR GROVE 3RD ADDITION N 11 1a SCNFAOEA IIn6Nr0r L° 5810 a WE NCAIH mN-mom I v I 11I I I I I I I e` ! S B' LI, 7 9 IIf LRIE M FFET xPTfiAW INF[K M'¢ NRIry OVENAIl ]TCRM PC11GNe DRAINAGE AND UTILITY EASEMENT- TYPICAL muNo aaav mc. NSa° 43' 40"E 1288.30' 1 1'sF III 1/e"...,. 11I«Y I E lis' soAc I I I I I f 6SS° 43' 40WJ 1281.83' DEVELOPMENTNOIF6 1, 911iE4TNM1E3611&EfiT TOAPAIBY L9'ISrv. 2 }Batp saPiru lerYP vtoEOFd Paa¢ olY RaFo XnCCIwLFwY. LEG.OESLW nMN DESCRIPTION -PARCEL A rwmmwrnulnwbPtK-n 't'wrwa nwM 1e f N r -11-0001RN111R4"r. Wl uc IFFHe-I SNME FAMILY a RE Ok'tELOPMP 6UMVM7 jaOBa — ®w° .ac 12eawen.wPe FFIEn- at¢KBSBnc Ienoaioeiv.<FATEMexr. en. Ne NET 81S!•ts.N- Ora PG tarn ¢n uNv: tnTatu tM91PE SF uWAWN LSSP#S1M1 po K4 [OPI Il016 MW... I,.IW4 [OS OFttx FF 1rrR u INF wvLP+wE mxaror tat N GFLm9 . Nr PENEIfY &1WW pon[1Q4 LnnE ]B PT FAMITT am ° 16 FTnwT F[a An" A Flm NYw WiMtlWwwdvlowII20N. ` -r ITN EYING 5UlSREWALENNRDNE NTAL PLANNING cbdPMndts llAiraux s51FYn4B PL BP City Comments MafCh 27, 2012 Pao7e Arbor Grove Ertl Adtlillan wunrn+ s Plymaith° MN PFellminary Plat rNB1 rrrArp SPOCIPIGYION P9T0 1'C WAi FNSP OSnBAIINI]rRLLv rn VLrUBO TrtOMW 1'Hll]AVI OP SlA NM°NPee'Tw_ Y`nN®YM J T nNn,N PY al El®aY SJ RN daxa PkOIeC!# 3.272012 2911-053-1 SHG4T NLM8SR C500 Page 26 ABB6F Ia¢1¢ S1BF 6f II B I I 670A L 1, Bf BF I K 2 1 I I 1 153 ? 1 II P.1BlF I4I I 1511 5 i It 11 II srnvPBruBN am Io Z II it 1 1 II 1 2 II II13 4 5 l 11 ex io.roFe 11 o.]BB6F , IK 3LQ ua+ tm Ir i II I P Bec I ii I II! I! r i IlIt aoo6iF i Ill II IIII II JaNMr NIMTmrr lL iFl6F IIC# 1 E NOM ym l I v I 11I I I I I I I e` ! S B' LI, 7 9 I If LRIE M FFET xPTfiAW INF[K M'¢ NRIry OVENAIl ]TCRM PC11GNe DRAINAGE AND UTILITY EASEMENT- TYPICAL muNo aaav mc. NSa° 43' 40"E 1288.30' 1 1'sF III 1/e"...,. 11I«Y I E lis' soAc I I I I I f 6SS° 43' 40WJ 1281.83' DEVELOPMENTNOIF6 1, 911iE4TNM1E3611&EfiT TOAPAIBY L9'ISrv. 2 }Batp saPiru lerYP vtoEOFd Paa¢ olY RaFo XnCCIwLFwY. LEG.OESLW nMN DESCRIPTION -PARCEL A rwmmwrnulnwbPtK-n 't'wrwa nwM 1e f N r -11-0001RN111R4"r. Wl uc IFFHe-I SNME FAMILY a RE Ok'tELOPMP 6UMVM7 jaOBa — ®w° .ac 12eawen.wPe FFIEn- at¢KBSBnc Ienoaioeiv.<FATEMexr. en. Ne NET 81S!•ts.N- Ora PG tarn ¢n uNv: tnTatu tM91PE SF uWAWN LSSP#S1M1 po K4 [OPI Il016 MW... I,.IW4 [OS OFttx FF 1rrR u INF wvLP+wE mxaror tat N GFLm9 . Nr PENEIfY &1WW pon[1Q4 LnnE ]B PT FAMITT am ° 16 FTnwT F[a An" A Flm NYw WiMtlWwwdvlowII20N. ` -r ITN EYING 5UlSREWALENNRDNENTAL PLANNING cbdPMndts llAiraux s51FYn4B PL BP City Comments MafCh 27, 2012 Pao7e Arbor Grove Ertl Adtlillan wunrn+ s Plymaith° MN PFellminary Plat rNB1 rrrArp SPOCIPIGYION P9T0 1'C WAi FNSP OSnBAIINI]rRLLv rn VLrUBO TrtOMW 1'Hll]AVI OP SlA NM°NPee'Tw_ Y`nN®YM J T nNn,N PY al El®aY SJ RN daxa PkOIeC!# 3.272012 2911-053-1 SHG4T NLM8SR C500 Page 26 W CB PE P UPREMENT3M ="MN9 Yr£F07FA6 PUCr'Y >F 1. e orwxo rxcreoe im•nea x oaN0lrr TISFa O:t Fgn¢ WN Pkh x BEHOfEB apuexertGx 61¢¢R:MI Nnl PFD okxmOaT F}Fn¢FFN ENGINEERINGSURVEYING EMVIRONMIENTAL PLANNINGevs Nd m.Aa':a aMN:.meaiuu aNw.:aaeU®e ra aaausaa iM•we. Mxu au. saw CN Comments March 27, 2012 Arbor Grove 3rd Addition lAGT10N Plymouth, MN I- Preliminary Landscape Plan J g exxe asnuoN anwn am. pwaow.sNm O sxv c 9mu mvm 0. n,nw• vvn OV F{e 91RBRlVri:xV, TxwYx u.sou T iu+asc..¢ nxrxr u+o, ua u:r.+oTA Vam t uexwNw amr m• Rm DATs rno7 +u'rn B&TaA9Ai lei? -0817 rMRR'r iNrlMa&A L100 Page 27 0 i x oaN0lrr TISFa O:t Fgn¢ WN Pkh x BEHOfEB apuexertGx 61¢¢R:MI Nnl PFD okxmOaT F}Fn¢FFN ENGINEERINGSURVEYING EMVIRONMIENTAL PLANNINGevsNd m.Aa':a aMN:.meaiuu aNw.:aaeU®e ra aaausaa iM•we. 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DIdEPT.Ia LVJMnIueP uurnlx6LVFruV.nOry aPTHewAAT3tY C MR21e s.a eEENrweRxR Pt xoso.Po nceEPr¢Pauslw OF SHE OLN0. 4MRG w WL n , dl unttAwlBAldEF11NG ew irn wwmwnPwmPesmcx. stc Fw,Nc11sxALLAaGIMeuvxmuN@apaeeiuitesIawereR, rxFcwmx. foReww.¢vnwuemeE Rl61W e6YY.e PPRxemlxarxE IREESPwMe 1xW¢xwrrxe PSANr MnTEPont WNN] IPIP,IURxs eRaxvx, OR DEF¢W C9 pl]¢R a runµie IerePDmRePisr n RePo.LaeiNeN PExwxeD NO SCE Am MEEi1M ALL IMF-SPc EASB.9 aecelcP.rIDNE, lEvrn MnDYrArEax¢scNEPUEwHlexwxl m¢xeemD.r wire RwEeL INe.TRPMQ-r xor.¢xrwEnmw. wArcR fiaacaFSENAsnEaulRePPrlxorc.Tnx6aFtlFArrrREssmlrl nSynL}gy)IJp , cx6cxxalSMELNDFRM46Lx PPpRM WnTEP1NG RARVi¢EMFM8 PCq xaATCA. xx, COMMC60R9H4LRL'PxFnwxwlMgnFW1KCF TFtCE 1u9PEC1NN. 1tGI MfFS 109E 6lEPlO, ARe Te Rac6N64'T 90IL: 1a Mu.CN,M9WATtlxuxPtAlcRtsln'6TRND wLRR699 CarlNNC0. EAMWER8IG SURVEYING ENIARONMENTAL PL. ANlNW G Rva,wc, INW v Mw waalm Hti NMnywaevN PNF.xxemexeP6e pRR:RK{ 4Pa]aD F 11xOdRNiw°11 ['p Prynsi lp WIT -I Pm TNd4pd01D T City Comments March 27, 2012 P9iOJECT Arbor Grove 3rd Addition ret Plymouth, MN E - Preliminary Landscape Details p O 1-2 aa,fw i sllnxsarcflPT@L'TN , P@c@f un, u afx acr .rw¢rluRl L.uYeacAPl[ AflgeHilI.N6a¢ Tn. am] a FrOP2 J RAWN BV PIP NbY M rte O i Pwj— B9= N21 2011-087. 1 9F.lns+NEIM M Ll 01 Page 28 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2012 - AN ORDINANCE AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 4420 BROCKTON LANE (2012012) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendment of Cites. Chapter 21 of the city code of the City of Plymouth, Minnesota, is hereby amended by changing the classification on the City of Plymouth Zoning Map from FRD (future restricted develfopment) to RSF-3 (single family detached 3) with respect to the roughly 8.3 -acre property presently legally described as follows: The North 283.19 feet of the South 1141.74 feet of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 22, Hennepin County, excepting therefrom the West 16 feet for public road. Section 2. Effective Date. This amendment shall take effect immediately upon its passage. ADOPTED by the City Council on April 24, 2012. ATTEST: Sandra R. Engdahl, City Clerk Kelli Slavik, Mayor Page 29 CITY OF PLYMOUTH RESOLUTION NO. 2012- A RESOLUTION APPROVING FINDINGS OF FACT FOR THE REZONING OF LAND LOCATED AT 4420 BROCKTON LANE (2012012) WHEREAS, Ryland Homes has requested reclassification of the zoning from FRD future restricted development district) to RSF-3 (single family detached 3) for the roughly 8.3 - acre site presently legally described as follows: The North 283.19 feet of the South 1141.74 feet of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 22, Hennepin County, excepting therefrom the West 16 feet for public road. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval; and WHEREAS, the City Council has adopted an ordinance rezoning the affected parcel from FRD to RSF-3. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request for reclassification of the zoning from FRD to RSF-3 for the roughly 8.3 -acre site located at 4420 Brockton Lane, based on the following findings: 1. The RSF-3 zoning and proposed density would be consistent with the LA -2 guiding, pursuant to the comprehensive plan. 2. The proposed single-family development would be consistent with the comprehensive plan and would comply with city standards. 3. Adequate infrastructure, would be available to support RSF-3 zoning and the proposed development for this site. ADOPTED by the City Council on April 24, 2012. Page 30 Resolution 2012- 2012012) Page 2 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 24, 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 31 CITY OF PLYMOUTH RESOLUTION N0. 2012- A RESOLUTION APPROVING A PRELIMINARY PLAT FOR RYLAND HOMES FOR "ARBOR GROVE 3RD ADDITION" FOR PROPERTY LOCATED AT 4420 BROCKTON LANE 2012012) WHEREAS, Ryland Homes has requested approval of a preliminary plat for the roughly 8.3 -acre parcel presently legally described as follows: The North 283.19 feet of the South 1141.74 feet of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 22, Hennepin County, excepting therefrom the West 16 feet for public road. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Ryland Homes for a preliminary plat for "Arbor Grove 3rd Addition", subject to the following conditions: 1. A preliminary plat is approved to allow the property at 4420 Brockton Lane to be subdivided into 14 single-family lots, in accordance with the application and plans received by the city on February 15, 16, and 24 and March 24, 2012, except as may be amended by this resolution. 2. Approval of the preliminary plat is contingent upon City Council approval of the rezoning of the site to RSF-3. 3. Prior to recording the final plat, the applicant shall pay the park dedication cash fee, in accordance with the ordinance in effect at the time the final plat is recorded. 4. Prior to recording the final plat, the applicant shall remove the existing home and all structures from the property. 5. Prior to final platting, 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. Assessment/right-of-way/easement/agreement/permit requirements: 1) Pay applicable water and sanitary sewer area charges. Page 32 Res. 2012- Fi I e 2012012 Page 2 2) Provide HOA documents for the development that include language addressing the following: 1) prohibition of structures and clearing vegetation in wetland buffers and 2) maintenance for common elements including perimeter fencing, buffer monuments, monument signs, sidewalks, etc. 3) Indicate 50 feet of right-of-way to be dedicated for local streets. 4) Submit a separate 15 -foot trail easement centered on the proposed trail. 5) Submit a separate 25 -foot drainage and utility easement centered on the water main in Lot 2, Block 1, Arbor Grove 2nd Addition. 6) Indicate a drainage and utility easement over the rear yard storm sewer inlet between Lots 4 and 5, Block 3 and over the swale and storm sewer pipe in the rear yards of lots 5 and 6, Block 3. 7) Provide the following permits: Minnesota Pollution Control Agency; Minnesota Department of Health (for water main extensions and well abandonment); Elm Creek Watershed; NPDES; Hennepin County; and City of Plymouth. b. Plat/site plan: 1) Recalculate the development summary to include the area of the pond up to the high water elevation and recalculate the density. 2) Submit interpretive signage for the trail within the wetland buffer. c. Grading and erosion control plan: 1) Indicate a concrete truck washout area. 2) Consider moving the rear -yard storm sewer pipe further south. d. Tree preservation/inventory/landscaping plans: 1) Remove the following trees from the inventory: 3089 (off-site) 3087 (not significant) and recalculate tree quantities. 2) No trees should be planted within ten feet of any water, sewer or storm sewer main. e. Street and utility plans: 1) Use one inch equals 50 -foot scale on plan sheets. 2) Include the most current standard city details. New details were adopted on March 12, 2012. 3) Indicate a "No Thru Street" sign at the west end of 44th Avenue. 4) Indicate two type -2 barricades on both ends of Zircon Lane. 5) Indicate stop and street sign locations. 6) Add note: "Connect the trail to the south end of the existing trail." 7) Indicate a 10 -inch by 12 -inch tee sleeved or cut -in at the connection to the existing water main. 8) Indicate granite rip -rap at the outfall of the storm sewer flared end sections. 9) Keep the storm sewer lines in the street between catch basins: 1) 109 and 110 and 2) 105 and 106. Add a storm sewer manhole in the street east of catch basin 109 to connect catch basins 105, 109 and 110. f. Submit drainage calculations for the pond that demonstrate compliance with requirements for total suspended solids, phosphorus, volume and rate control for all areas draining to the pond. Page 3 3 Res. 2012- Fi I e 2012012 Page 3 6. Standard Conditions: a. Prior to grading activity on the site, the applicant shall install silt fencing and tree preservation fencing. b. All signage shall be consistent with section 21155 of city code and shall require separate permits. c. With the exception of a model home, no building permits shall be issued until the final plat, agreements, and easements are filed and recorded with Hennepin County. d. Compliance with the city's tree preservation regulations. e. Removal of all hazardous trees from the property at the owner's expense. f. This approval shall expire one year after the date of approval, unless the applicant has applied for final plat approval, or unless the applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 510 of the subdivision regulations. ADOPTED by the City Council on April 24, 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 24, 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 34 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION APPROVING A VARIANCE TO THE SUBDIVISION REGULATIONS FOR TEMPORARY TURNAROUNDS FOR PROPERTY LOCATED AT 4420 BROCKTON LANE NORTH (2012012) WHEREAS, an application has been filed by Ryland Homes which requests approval of a variance to section 524 of the subdivision regulations to permit the construction of Zircon Lane without a temporary cul-de-sac for Arbor Grove 3rd Addition on property legally described as follows: The North 283.19 feet of the South 1141.74 feet of the Northwest Quarter of the Northwest Quarter of Section 18, Township 118, Range 22, Hennepin County, excepting there from the West 16 feet for public road. WHEREAS, the Planning Commission has reviewed the 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 Ryland Homes for variance to section 524 of the subdivision regulations to permit the construction of Zircon Lane without a temporary cul-de-sac for Arbor Grove 3rd Addition on property located at 4420 Brockton Lane, subject to the following conditions: 1. This resolution approves a variance to section 524 of the subdivision regulations to permit the construction of Zircon Lane without a temporary cul-de-sac for Arbor Grove 3rd Addition, in accordance with the plans and application received by the city on February 15, 16, and 24 and March 24, 2012, except as amended by this resolution. 2. The driveway on Lot 2, Block 2 shall be located on the north side of the lot. 3. The variance is approved with the finding that the applicable variance standards are met. 4. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. 6. This approval shall expire without further action by the Planning Commission or the City Council, at such time as the related subdivision approval expires or Zircon Lane is extended to serve the properties to the south. Page 3 5 Resolution 2012- 2012012) Page 2 ADOPTED on April 24, 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 24, 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 36 rp)City of Agenda 8.0 1PlymouthNumber: V Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Givonna Kone, Human Resources Manager April 24, 2012 Reviewed by: Adopt PERA's Phased Retirement Option Program and Item: Approval of Related Amendments to Section 5 of the City's Personnel Policy 1. ACTION REQUESTED: Adopt PERA's Phased Retirement Option program and approval of related amendments to Section 5 of the city's personnel policy. 2. BACKGROUND: Legislation was passed in 2009 allowing eligible Coordinated and Basic PERA plan members the opportunity to begin receiving a full PERA pension while continuing to work part-time for a public employer. The Phased Retirement Option program must be adopted by the City Council before it may be offered to employees. Description of the PRO Program Eligible City of Plymouth employees who want to gradually transition to retirement may wish to work for the city part-time while receiving a full PERA benefit. Each application for participation in the PRO program will be evaluated on a case-by-case basis by the department director and the human resources manager. Final approval of the application will be at the discretion of the city manager. To qualify for participation in the PRO plan, an employee must: be age 62 or older, be eligible for a monthly PERA retirement benefit, have worked at least 1,044 hours per year for the five years preceding participation in the PRO program, and agree to a reduced schedule Individuals who are approved to participate in the PRO program will be treated as retirees and will only be eligible to purchase certain benefits at the individual's expense. Compensation for a PRO - approved job will be dependent upon the assigned duties. If adopted by the City Council, the PRO program will be effective April 25, 2012 and would not be available to employees who retired prior to this date. Page 1 Each approved PRO agreement will be effective for one year and may be renewed annually for up to four additional years. Each one-year agreement may be terminated at any time, for any reason by either the city or the employee. The Phased Retirement Option is scheduled to sunset on June 30, 2014. Continuation of the program beyond 2014 will require legislative action. 3. BUDGET IMPACT: Wages for PRO -approved positions will be paid with salary savings from the vacant regular position that was previously held by the PRO participant. Any benefits elected by the PRO participant will be paid by the participant. 4. ATTACHMENTS: Phased Retirement Option Policy Compensation and Benefits Information for PRO Participants Resolution Page 2 City of Plymouth Phased Retirement Option (PRO) Policy Legislation was passed in 2009 allowing eligible Coordinated and Basic PERA plan members the opportunity to begin receiving a full PERA pension while continuing to work for a public employer part-time. Effective April 25, 2012, the City of Plymouth will offer this program to eligible city employees. Individual employee interest in the Phased Retirement Option (PRO) program will be evaluated on a case-by-case basis and approval to participate in the program will be at the discretion of the city manager. Description of the PRO Eligible City of Plymouth employees who want to gradually transition to retirement may wish to work for the city part-time while receiving a full PERA pension which is based upon years of service, age at retirement and high -five average salary. PRO program participants and the city will not make contributions to PERA while the participant is employed with the city under an approved PRO. Eligibility To qualify for participation in the PRO plan, an employee must: be age 62 or older, be eligible for a monthly PERA retirement benefit, have worked at least 1,044 hours per year for the five years preceding participation in the PRO program, and agree to a reduced schedule, defined as 0 25% or greater reduction in hours and 0 1,044 or fewer hours of work per year. Employer's Discretion Each application for participation in the PRO program is evaluated on a case-by-case basis by the department director and the human resources manager. The City of Plymouth is under no obligation to approve an eligible employee's request for participation in the PRO program, nor is the city required to renew a PRO agreement. All initial PROs and renewals require final approval by the city manager. Current Retirees The PRO is not available to City of Plymouth retirees who are already receiving a retirement benefit as of April 25, 2012. Page 3 Sunset Each approved PRO will be effective for one year and may be renewed annually for up to four additional years. Each one-year agreement may be terminated at any time, for any reason by either the employer or the employee. If an agreement is not renewed or the agreement is terminated, the individual's status is that of a retiree and the individual is no longer entitled to employment with the City of Plymouth. Former PRO participants who return to PERA-covered employment will be subject to PERA's earning limits. Currently, the phased retirement option will sunset on June 30, 2014. Continuation of the program beyond 2014 will require legislative action. Page 4 City of Plymouth Compensation and Benefits Information for PRO Participants The purpose of this document is to provide additional information regarding compensation, benefits and other terms and conditions of employment for employees interested in participating in the Phased Retirement Option (PRO) program. This information may constitute a departure from "normal" city policies and procedures that apply to retirees, but it does not set a precedent or change existing city policies. The compensation and benefits described herein are available only to retirees who have received approval from the city manager to participate in the PRO program. Compensation o Under the Phased Retirement Option, compensation for a position will be based upon the duties of the position. Group Health, Dental and Life Insurance o Active employee coverage will terminate on the date the employee retires from her/his regular position with the City of Plymouth. PRO participants will be treated as retirees and will pay the full cost of group health, VEBA claims administration fees, and dental and/or life insurance premiums. Health and dental coverage are available indefinitely for public employees under state law. Life insurance is available for 18 months from the date that regular employment is terminated. Disability (short-term and long-term disability) o Disability coverage(s) will terminate on the date the employee retires from her/his regular position with the City of Plymouth. Flexible Spending Accounts (Health and/or Dependent Care) o Eligible PRO participants may continue contributions to the health and/or dependent care flexible spending account at the same rate as was in effect on the last day of regular employment. The PRO participant will be responsible for the monthly Flexible Spending Account claims fee, which is currently $1.83. Deferred Compensation o Eligible PRO participants may continue to make contributions to a deferred compensation plan. Page 5 Paid Leave (Annual Leave/ Extended Illness/Vacation/Short and Midterm Disability/Holidays) o Paid leave accruals will cease on the date the employee retires from her/his regular position with the City of Plymouth. Accrued and unused paid leave will be paid out according to the terms of the personnel policy or the applicable labor agreement. Union Membership o Union membership will terminate on the date the employee retires from her/his regular position with the City of Plymouth. You may contact Human Resources for additional information regarding participation in the PRO program. Page 6 CITY OF PLYMOUTH RESOLUTION N0. 2012 - A RESOLUTION ADOPTING PERA's PHASED RETIREMENT OPTION PROGRAM AND APPROVING RELATED AMENDMENTS TO SECTION 5 OF THE PERSONNEL POLICY WHEREAS, PERA's Phased Retirement Option program will serve to allow employees to gradually transition into retirement and will allow the city to maintain its knowledge base and service levels at a reduced cost; and WHEREAS, PERA's Phased Retirement Option program must be adopted by the City Council before it may be offered to eligible employees. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, Minnesota, that it does adopt PERA's Phased Retirement Option program and related amendments to Section 5 of the city's Personnel Policy as reflected in the Phased Retirement Option Policy and the Compensation and Benefits Information for PRO Participants. BE IT FURTHER RESOLVED that the above listed actions will be effective April 25, 2012. Approved this 24th day of April, 2012. Page 7 Administrative Services 2011 Annual Report 9.01 Administrative Services Communications Assessing Information Technology Human Resources Finance Office of City Clerk 9.01 Administrative Services Support Core Services Promote Transparency Promote Collaboration Communications - Accomplishments Renovated the Council Chambers Significantly increased the number of videos produced w/Channel 12 for cable & website Led and collaborated in citywide events 9.01 0 0 tea., v=`•,'`'a/ Off` 0 0 Ply6outh 77 in the Spotlight Iri f hip City C --A Upcoming Events Latest News 110111th 6 Lk ensu -.44 PW" eNotify Sign Up d Finance - Accornphs[ Assisted in preparing thl Replaced lockbox dep with scanner system Implemented an electronic time-keepir 9.01 Finance - Accomplishments Refunded bonded debt for a significant interest savings Regular financial meetings impr( financial transparency 9.01 Prepared comprehensive annual financial report (CAFR) Finance - Accomplishments Enhanced security and internal controls Began accepting credit cards for utility billing and permits 9.01 Assessing - Accomplishments Completed second phase of commercial computer aided mass appraisal Resolved 147 valuation petition Responded to approximately 100 value notice phone calls 9.01 T 4 9.01 Office of City Clerk- Accomplishments Participated in election recount for governor's race Reviewed and updated City Code Prepared for redistricting 9.01 Office of City Clerk- Accomplishments Handled logistics for a variety of events Provided support for City Council, committees and commissions Evaluated record retention schedule 9.01 IT - Accomplishments Implemented Credit Card Processing Moved lockbox operations in-house Replaced citywide computer backup system Upgraded Park and Recreation registration software 9.01 HR - Accomplishments Human Resources Developed 2012/2013 personnel budget Negotiated three-year labor agreements with two police divisions Reviewed and rolled out 2012 insurance benefits 9.01 HR - Accomplishments Human Resources Managed recruitment and promotion process for ten permanent and several temporary positions Provided regular staff training for all levels 9.01 HR - Accomplishments Risk Management Allocated risk based on claims for 2012/2013 budget Provided quarterly reports of insurance claims to City Council and senior management Recaptured $9,650 via subrogation for insured and uninsured items 9.01 City of pi ymouth Iridin, Qphty da Life REGULAR COUNCIL MEETING April 24, 2012 Agenda 9.02Number: To: Mayor and City Council Prepared by: Laurie Ahrens, City Manager Item: Legislative Update Discuss pending legislative items. Also, consider the request from Hennepin County officials to support the extension of the sunset provision relating to the Environmental Response Fund. Information is attached relating to this issue. Two grants have been approved in Plymouth from this fund — Stone Creek and the John Allen proposed office development — both on Highway 55. Page 1 Request for Support of Legislation relating to the Environmental Response Fund From: David.Jaeger@co.hennepin.mn.us[maiIto: David.Jaegerpco.hen nepin.mn.us] Sent: Thursday, April 19, 2012 10:15 AM To: James Barnes Subject: ERF support Jim, here are some summary details of the status of the ERF legislation. We were hoping for another 5 - year extension, but are now holding our breath for even the 2 -years now on the table. A 2 year extension for the ERF sunset date for Hennepin and Ramsey Counties is included in SF2136 now attached to the Technical Tax Bill). We anticipate that this Senate bill along with its House companion (HF 2690) will be voted on during the week of April 16 and sent to conference committee. While the conference committee members have not yet been named, we expect they may likely be the same members that were named to address other tax bills this session. At this time, we are asking supporters of ERF to contact key legislative leaders, the legislators who are likely to be the conference committee members, and your own personal legislators to urge them to support the continuation of ERF. Legislative leadership includes Rep. Kurt Zellers (651.296.5502) and Sen. Dave Senjem (651.296.3903) Tax conference committee members: Rep. Greg Davids (651.296.9278) Rep. Linda Runbeck (651.296.2907) Rep. Sarah Anderson (651.296.5511) Rep. Jenifer Loon (651.296.7449) Rep. Tara Mack (651.296.5506) Sen. Julianne Ortman (651.296.4837) Sen. Geoff Michel (651.296.6238) Sen. Julie Rosen (651.296.5713) Sen. Warren Limmer (651.296.2159) Sen. Roger Chamberlain (651.296.1253) We strongly believe that individual contacts that are being made to legislators are making a difference and are helping to maintain ERF for the future. Thank you once again for your support. Dave Jaeger Supervisor - Contaminated Lands Unit Hennepin County Environmental Services Page 2 Hennepin Hennepin County Environmental Response Fund 02/12 Transforming blighted sites into community assets The Environmental Response Fund (ERF) provides grants for environmental assessment and cleanup of sites that are unlikely to be funded by other grant programs. The statute that established the ERF includes a sunset date of Jan. 1, 2013, for the mortgage registry and deed tax that funds the program. If the sunset date is not removed or extended by the State Legislature, Hennepin County will not be able to continue this successful contamination cleanup program. The uncertainty regarding the continued viability of the program will disrupt private investment in redevelopment. The cost of environmental work on a site can make or break a project's feasibility. ERF spurs economic growth Since ERF funding began in 2001, 264 grants totaling $37 million have been awarded. These grants help: Create jobs ERF -assisted projects have resulted in the creation or retention of approximately 9,500 jobs. Increase property values and generate tax revenue When comparing pre- and post -assessment and cleanup values, property values of completed ERF -aided projects have increased more than $433 million. In 2011, completed ERF -aided properties generated $13 million more in property taxes than was generated by these same properties prior to ERF involvement. From 2003 to 2011, completed ERF -aided projects generated $48 million more in property taxes than was generated by these same properties prior to ERF involvement. Revitalize neighborhoods and communities ERF funding can be the critical piece that brings redevelopment projects and businesses to vacant properties. By transforming sites from public safety nuisances into community assets, redeveloping vacant properties can reduce crime. Leverage private and public investment ERF has leveraged $1.7 billion in privately funded development costs ERF also leverages funding from other grant programs. Hennepin County Environmental Services 612-348-8596 Milestones 1997 – State statutes establish ERF: State statute 3838.80 authorized Hennepin County to collect a mortgage registry and deed tax for the ERF. Statute 383B.81 established the use of the fund and established a former federal superfund site — National Lead in St. Louis Park as the priority site. 2001 –Hennepin County establishes grant program: After setting aside the funding required for the priority site, the remainder of the ERF was made available for other contaminated sites. 2007 –Priority site cleaned up: Cleanup of the National Lead site completed, turning this blighted site into the Highway 7 Business Center. 2001-2011 – 264 grants awarded to date, totaling more than $37 million for environmental assessment, soil and groundwater cleanup, and asbestos and lead paint abatement. Jan. 1, 2013 – Sunset date: Funds no longer collected for ERF. 2013 and beyond –The need for ERF continues. See map on back. www.hennepin.us/erf Page 3 ERF grants by activity Asbestos / Lead Paint 5.3 million (14.6%) Assessment 3.6 million (10%) ERF grants by project type Mixed residential / commercial 4.9 million (13.6%) Residential 12.6 million (34.9%) Open space / infrastructure 8.6 million (23.8%) Commercial / industrial 10 million (27.7%) The need for ERF continues Hennepin County has more than 19 percent of the state's Superfund sites, 19 percent of the state's petroleum release sites, 41 percent of the state's voluntary investigation and cleanup sites, and 8 percent of the state's dump sites, totaling more than 4,300 sites of concern. v 4 Daytm This map identifies known 00 0 Rogers contamination sites throughout Lha r'iplin Q the county. Many of the sites are m." vacant or underutilized, Nn°°eY a 0 due in part to the 0 CIC contamination, and I C5 Ebbkyn Park would be good NF1 Cox reran Maple Grove 1p b Greenfl ldcandidatesforfuture r' r) a .. ERF funding. rp c' v 0, arook. n- enter a. oa r+ G7 New-rystaf Hope r M 0 Medina n qL c' 1 aPlyrirouth Ro Lwr dales Ci , r•• NiodIndependncaAnrnOnv Plain' QRa ' 0 n, C t° vb4JGager a i" @ Golden alley =' C pronol WayiaYa r r Malt d- at t3 aS oun - _ OeepHaven C' Mnetonka No Funs' = i ''-Mune ohs - sr Edina - n Richfield - -. - AirportD - ERF project site Eden Praire O Known contamination sites B mingYV 9. _ d 0 c , 1 Page 4