Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Packet 09-13-2011
RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING SEPTEMBER 13, 2011, 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 4.01 Announce Plymouth on Parade (Parks and Recreation Director Diane Evans) 4.02 Present "Planting Plymouth Proud Awards" (City Forester Paul Buck) 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2011-297) 6.03 (This item was removed from the Consent Agenda and tabled until September 27) Regular Council Meeting 1 of 3 September 13, 2011 6.04 Approve a Conditional Use Permit for a fitness training facility at 2060 E. Center Circle. Crossfit SISU. (2011061 — Res2011-298) 6.05 Accept Crime Prevention Grant from Target Corporation for Night to Unite and other programs and initiatives (Res2011-299) 6.06 Authorize reimbursement of funds to the Plymouth Crime and Fire Prevention Fund (Res2011-300) 6.07 Accept donation of fitness equipment for the Police Department (Res2011-301) 6.08 Approve amended Resolution 2008-349 to allow zero foot side -yard setbacks for a natural preserve for property located at 9909 South Shore Drive. JGM Properties, Inc. (2008084 — Res2011-302) 6.09 Approve Tobacco License for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North (Res2011-303) 6.10 Approve assignment of Development Contract for Spring Meadows Second Addition. Commercial Bank. (2011019-F — Res2011-304) 6.11 Approve Plans and Specifications and Order Advertisement for Bids for Bass Lake Wetland Drainage Improvement Project (9127 — Res2011-305) 6.12 Declare Costs to be Assessed and Set Assessment Hearing for Annapolis Lane Street Reconstruction Project (11002 — Res2011-306, Res2011-307) 6.13 Approve Final Payment for 2011 Mill and Overlay Project, Peony Lane (11007 Res2011-308) 6.14 Declare Costs to be Assessed and Set Assessment Hearing for 2011 Mill and Overlay Project, Peony Lane (11007 — Res2011-309, Res2011-310) 6.15 Approve Encroachment Agreement for shed and planter boxes at 505 Jonquil Lane (Res2011-311) Regular Council Meeting 2 of 3 September 13, 2011 6.16 Approve settlement of 2011-2013 Labor Contract with Law Enforcement Labor Services, Local 18, representing Plymouth police officers (Res2011-312) 6.17 Approve amended 2011 Council Meeting Schedule (Res2011-313) 7. PUBLIC HEARINGS 7.01 Off -Sale Liquor License Application for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North (Res3011-314) (Approved) 7.02 Vacation of a portion of street right-of-way as platted within Frick's Garden Tracts (Res2011-315) (Approved) 7.03 Vacation of a portion of a platted ponding, drainage and utility easement within Lot 2, Block 1, DeVries 3rd Addition (Res2011-319) (Approved) 8. GENERAL BUSINESS 8.01 Approve 2012/2013 proposed budgets, preliminary tax levies and budget hearing date (Res2011-316, Res2011-317, Res3011-318) (Approved. Also set a budget hearing on November 8 immediately following the Regular Meeting) 9. REPORTS AND STAFF RECOMMENDATIONS 9.01 Declare vacancy in Ward 2 Councilmember position and establish process to fill vacancy (Res2011-320) (Approved) 10. ADJOURNMENT (7:42 p.m.) Regular Council Meeting 3 of 3 September 13, 2011 6.01 Proposed Minutes Special Council Meeting August 23, 2011 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on August 23, 2011. COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Black, Murdock, Willis, Stein, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Park Director Evans, Administrative Services Director Portner, Public Works Director Cote, Police Chief Goldstein, Fire Chief Kline, Human Resources Director Kone, Community Development Director Juetten, Finance Manager Bursheim, Accounting Supervisor Mastey, Park Maintenance Supervisor Luebeck, Recreation Manager Michaud, Utilities Manager Newberger, and City Clerk Engdahl. Discussion of 2012-2016 Capital Improvement Program The Council went through the proposed CIP department by department, and staff answered their questions. The following projects involved discussion on whether they should remain in the 2016 CIP due to further analysis/public education that would need to be done. It was agreed that these items would be remain in the CIP as a place holder for the time being: 1. Construction of Fire Station No. 4. 2. Develop 10th playfield. However, change description something to the effect of "explore opportunities for a 10th playfield." 3. Elm Creek Playfield outdoor turf field. Regarding the Elm Creek Playfield outdoor turf field, concerns were voiced that if turf is put in this field, the first time cost would come from park dedication funds, but any maintenance costs would come from park replacement. There would also be requests to have the other playfields replaced with outdoor turf. Councilmember Stein asked if there has been any analysis on whether it's beneficial to have artificial turf versus maintaining a real field. Park Maintenance Supervisor Luebeck replied it's much easier to maintain artificial turf than a real field. He noted the amount of grass seed that's used for the fields each year and staff time to maintain the fields due to the fields being used all the time. Proposed Minutes 1 of 2 Special Meeting of August 23, 2011 Page 1 Councilmember Johnson asked if staff could discuss sharing more facilities with the Wayzata School District. Park Director Evans replied staff has approached Wayzata School District in the past regarding sharing more of their facilities. She noted that with the Elm Creek playfield, there is a possibility that the City could collaborate with the Wayzata School District on a grant for this field. The Council requested data on how the Wayzata School District fields are being programmed/ used in comparison to the City fields. Councilmember Black commented on the need to complete sections of trails. Councilmember Willis requested that staff provide a map to the Council that shows where there are gaps in the trails that need to be completed. The Plymouth Creek Park splash pad that was programmed for 2013 was removed from the CIP as well as the field lighting replacement line item under parks. In the street area, Councilmember Johnson shared her concerns about improvements to the Vicksburg Lane corridor to handle all the new housing development in Northwest Plymouth. Discussion of 2012/2013 Budget and Set Future Study Sessions As requested at the previous study session, Administrative Services Director Portner handed out a report on the tax impact for proposed tax levy for residential and commercial properties. The draft budget is based on a tax levy increase of 1% over last year's rate. Since there wasn't adequate time to continue the budget discussion, the Council stated they would be conducting study session on September 6 at 6:00 p.m. Councilmember Johnson asked for a report on what the impact would be to the budget if there was a 0% tax levy/stable levy. The Council added a discussion of Peony Lane and City trails to the pending study session list. Adiournment Mayor Slavik adjourned the meeting at 6:50 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of August 23, 2011 Page 2 Proposed Minutes Regular Council Meeting August 23, 2011 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on August 23, 2011. COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Murdock, Black, Stein, Willis, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Evans, Public Works Director Cote, Community Development Director Juetten, Administrative Services Director Portner, Police Chief Goldstein, Fire Chief Kline, Police Officer Richardson, Human Resources Director Kone, Senior Planners Drill and Darling, Planning Manager Thomson, Transit/Recycling Manager Hellekson, and City Clerk Engdahl. Mayor Slavik announced three teams and their coaches from the Wayzata Youth Baseball Travel Association who recently won at State. The Council congratulated the teams on their accomplishments. Plymouth Forum Greg Gibson, 4300 Niagara Lane North, asked if there was an update on the Excel Energy power line going through the City. Public Works Director Cote reported this is an Excel Energy project, not a City project. Excel Energy sent an application on June 30 to the Public Utilities Commission. The application involves a new power station and improvements to decrease overloads and increase capacities. They submitted two routes with one being existing. The permit also included two substations off I-494 near Schmidt Lake Road. He stated the Public Utilities Commission has six months to decide if this is a permit that should proceed. A meeting is scheduled for August 24 by the Department of Commerce to determine if the application is complete, and if it is, if a public advisor will be appointed or an advisory task force that would consist of city representatives and community members. It appears that the Department of Commerce feels an advisory task force may be warranted. He encouraged people to visit the Department of Commerce's website at www.edockets.state.mn.us and search for TL -11-152 in order to seek additional information. Councilmember Johnson requested this information be available on the City's website. Proposed Minutes 1 of 13 Regular Meeting of August 23, 2011 Page 3 Presentations and Public Information Announcements 4.01) Oath of Office to Firefighters Sergio Flores and Aaron Morris City Clerk Engdahl administered oaths of office to Firefighters Flores and Morris. 4.02) Observance of September 11, 2001 Fire Chief Kline reported on a public safety display and memorial ceremony on observance of September 11, 2001 on September 11 at Grace Church, 9301 Eden Prairie Road, Eden Prairie beginning at noon. Mayor Slavik announced that Governor Dayton presented a proclamation to the City today stating that Plymouth is being honored as "Yellow Ribbon City." Police Officer Richardson spoke of the program and how residents can volunteer. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to approve the aged• With all members voting in favor motion carried. Consent Agenda Item No. 6.05 was removed from the Consent Agenda and placed under General Business as item No. 8.03. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt the Consent Agenda that included the followingitems: tems: 6.01) Regular and Special Meeting minutes of August 9 and Special Meeting Minutes of August 16. 6.02) Resolution Approving Disbursements ending August 13 (Res2011-265). 6.03) Resolution Approving Variances for Trygve Svard for Property located at 12075 48th Avenue North (2011047 - Res2011-266). 6.04) Resolution Approving a Conditional Use Permit for allow a Trade School Use for Globe Education Network for the Minnesota School of Cosmetology located at 1425 County Road 101 2011050 — Res2011-267). 6.05) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.03). Proposed Minutes 2 of 13 Regular Meeting of August 23, 2011 Page 4 6.06) Resolution Approving Variances for Kim Foley for Property located at 3380 Sycamore Lane North (2011053 - Res2011-268). 6.07) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Conor Meadows Improvement Project (110 19 — Res2011-269). 6.08) Resolution Ordering Preliminary Engineering Report for the Holly Lane Edge Mill and Overlay Project (Re2011-270), Resolution Receiving Preliminary Engineering Report for the Holly Lane Edge Mill and Overlay Project (Res2011-271), Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for the Holy Lane Edge Mill and Overlay Project (Res2011-272), Resolution Adopting Assessments for the Holly Lane Edge Mill and Overlay Project (Res2011-273), and a Resolution Approving Assessment Agreement for the Holly Lane Edge Mill and Overlay Project (Re2011-274). 6.09) Resolution Approving Encroachment Agreement for a Fountain on City Property in Lot 1, Block 1, Vicksburg Lane Reservoir at 5025 Vicksburg Lane (Res2011-275). 6.10) Resolution Approving Encroachment Agreement for a Retaining Wall within a Drainage and Utility Easement in Lot 4, Block 1, Palmer Creek Estates 4th Addition at 5135 Ives Lane Res2011-276). 6.11) Resolution Approving Encroachment Agreement for a Solar Panel System within a Drainage and Utility Easement in Lot 16, Block 2, Schmidt Lake Estates at 12075 48th Avenue Res2011-277). 6.12) Resolution Amending Resolution No. 2011-245 that Approved a Final Plat and Development Contract for "Elm Creek Highlands East" for Property located North of Schmidt Lake Road (2010048-F — Res2011-278) and a Resolution Repealing Resolution No. 2011-246 and Adopting Revised Assessments for Trunk Sanitary Sewer and Water Main for `Elm Creek Highlands East" Addition (2010048-17 — Res2011-279). 6.13) Ordinance Amending Section 2005 of the City Code concerning Use of City Identity Ord2011-26). 6.14) Resolution Authorizing the Fire Department Staff to Prepare Specifications and Solicit Bids for the Replacement of Fire Engine 31 (Res2011-280). 6.15) Resolution Approving Winter Activities Permit with Three Rivers Park District for the Use of Regional Trails (Res2011-281). 6.16) Resolution Awarding Bids for the Plymouth Skate Park (Res2011-282). 6.17) Resolution Approving 2011 Trail Improvement Project (Res2011-283). Proposed Minutes 3 of 13 Regular Meeting of August 23, 2011 Page 5 6.18) Ordinance Amending Chapter 21 of the City Code to classify Certain Land located at 1492027 th Avenue North (2011056 — Ord2011-27), Resolution Approving Findings of Fact for the Rezoning of Land located at 14920 27th Avenue North (2011056 — Res2011-284), and a Resolution Approving a PUD General Plan for Rational Energies HC Inc. for an Oil Manufacturing Facility located at 14920 27th Avenue North (2011056 — Res2011-285). Regarding item No. 6.11, Mayor Slavik stated that based upon the agreement, the City won't be liable for any snow removal damage to the panels. The applicant was present, and confirmed that is correct. With all members voting in favor, the motion carried. Public Hearings 7.01) Project and Assessment Hearing and Approval of Change Order No. 1 for 2011 Edge Mill and Overlay Project, Jamestown and Zachary Hills Area (11012) Public Works Director Cote reported on the proposed project. He stated the Council awarded the contract on July 26. Mayor Slavik opened the public hearing. Tom Jes, 5055 Evergreen Lane North, asked the following questions: 1. If the properties in the Forestview Lane and 481h Avenue areas were assessed when those streets were resurfaced a number of years ago. 2. The system is almost 30 years old, so will they be assessed again in the future. 3. Why is the City installing a good surface over a bad surface. 4. Why has it been 10 years since their street was seal coated since the City used to do it every five years. James Krolak, 4922 Arrowood Lane North, asked how the surfaces got so bad. How does the City know that there won't be issues in two to three years after this project is completed? Mr. Jes asked with regard to the payment option, he has 30 days to pay his assessment without interest being charged. He requested the Council to extend the interest free period another 30 days. Rick Friederich, 5082 Arrowood Lane North, stated they were surprised to see that there would be an assessment. Some of the damage has been caused by snowplows, and he can see chunks in the blacktop. He asked how long the assessment procedure has been in place. Mayor Slavik declared the public hearing closed. Proposed Minutes 4 of 13 Regular Meeting of August 23, 2011 Page 6 Public Works Director Cote and Mayor Slavik addressed the questions raised by residents: This is a new street reconstruction program that began in 2011, and there are residents that have been assessed for this type of project. This type of project avoids a full street reconstruction project where the costs average $8,000 instead of $1,000. All streets in the City were rated, and these streets met the criteria for an overlay versus total street reconstruction. Staff is hopeful that the City can get 7-10 years out of the streets once the improvements are made. 2. The water and sewer system is in decent shape and there isn't a history of watermain breaks. The City hasn't assessed for the replacement of water and sewer. 3. The City currently doesn't have the financial resources to do seal coating, and staff doesn't feel that seal coating is an effective way to maintain streets. 4. Approximately six years ago, the City experimented on a couple of streets (Forestview Lane, 481h Avenue, Balsam Lane) that weren't in the program, so there were no assessments to those residents at that time. Based on those successes, the City began to start using this type of project more commonly. 5. Getting crowns back on the streets will alleviate standing water on the streets. City Attorney Knutson added regarding extending the interest-free payoff period for assessments, under State Law, property owners have 30 days to pay the assessments from the date the assessments are adopted in order to avoid the interest. The Council could dictate that the interest doesn't accrue until a certain date. Councilmember Johnson stated she's hesitant in extending this period as that could set a precedent with other street projects. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to adopt a Resolution Ordering Improvement for the Edge Mill and Overlay Project for Jamestown and Zachary Hills Area 0 10 12 — Res2011-286), Resolution Adopting Assessments for the Edge Mill and Overlay Project, Jamestown and Zachary Hills Area (110 12 — Res2011-287, , and a Resolution Approving Change Order No. 1 for Edge Mil and Overlay Project (110 12 — Res2011- 288). With all members voting in favor, the motion carried. 7.02) Vacation of Drainage, Utility and Street Easements within Section 8-118-22 Public Works Director Cote reported on the proposed vacation request. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Johnson, to adopt a Resolution Authorizing the Vacation of Certain Storm Drainage, Turn -Around and Roadway Easements within the West Half of the Northwest Quarter of Section 8-118-22 Res2011-289). With all members voting in favor, the motion carried. Proposed Minutes 5 of 13 Regular Meeting of August 23, 2011 Page 7 7.03) Vacation of a Platted Drainage and Utility Easement within Lot 6, Block 1, Heritage Estates 2nd Addition Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to adopt a Resolution Authorizing the Vacation of a Portion of a Platted Drainage and Utility Easement within Lot 6, Block 1, Heritage Estates 2nd Addition (Res2011-290). With all members voting in favor, the motion carried. General Business 8.01) Land Use Guide Plan Amendment, Preliminary Plat and PUD General Plan Amendment for Crossroads Commons Property at Highway5 and County Road 73 Oppidan, Inc. 2011014) Senior Planner Drill reported on the proposed requests for this site. He stated the Planning Commission considered the applications at their July 20 meeting. Following the Planning Commission meeting, the applicant submitted a revised PUD general plan that included the following revisions: 1. Relocating the senior building approximately 40 feet to the north — increasing the setback from the south lot line from 39 feet to 81 feet. 2. Preserving 18 additional significant trees (371 caliper inches) in the area south of the senior building, together with the natural underbrush in that area. The purpose for the revision is to improve the buffer and transition between the senior building and the existing home to the south, by increasing the building setback and preserving additional trees. 3. Increasing parking for the senior building from 65 spaces to 66 spaces. Surface parking spaces on the site would reduce from 39 to 16, underground parking spaces would increase from 26 to 40, and 10 surface parking spaces on Outlot B would be shared through a parking easement. 4. Revising the landscaping plan to add conifers along the northerly segment of Cottonwood Lane, as was requested by a resident in that area. Councilmember Bildsoe received assurance from staff that nothing changed with the plans for the wetland on the site. There is no intent to disturb the wetland in terms of filling it in, and there will be a buffer around it. Proposed Minutes 6 of 13 Regular Meeting of August 23, 2011 Page 8 Councilmembers Bildsoe, Black, and Willis commented about the fast food restaurant on the site, which is a McDonald's, and the 24-hour drive through service. The Council would have the ability to modify the hours. Councilmember Johnson requested prior to the signing of lease agreements, notification is given to prospective residents of the senior housing development that Outlot B will be developed in the future. Bruce Thompson, 11018 County Road 15, stated his big concern is the McDonald's. The majority of the neighbors don't like the McDonald's and don't consider it an amenity. If this is approved, the City won't have control over what fast food restaurant goes in there. He stated there are supposed to be higher standards in a PUD development. As to the senior housing facility, he supports that development. The senior housing facility will function more towards an institutional use. However, he can't imagine those residents wondering over to the McDonald's on their own. He stated regarding the future development of Outlot B, the soils are extremely bad due to that Outlot serving primarily as a landfill in the 1980s. Therefore, if that Outlot is developed, the City needs to make sure whatever is built there won't pollute the ground water. Lastly, he requested that the Mr. Gas parcel be included in this development. Due to the size of that parcel, a person is limited on what can be put on that property —perhaps only a sign. Roy Beacham, 825 Cottonwood Lane, stated he has the following concerns regarding this development: 1. Screening of his property with the senior housing development and the McDonald's development. Currently, the floor of his house is level with the roof of the current strip mall. 2. The site, smell, sound, transient clientele, and 24 hour drive through at McDonald's. 3. Locating a McDonald's in front of a senior housing development. They have other locations within three to five minutes of this site. 4. This is prime property on the east side of Plymouth, and the City could be selling itself short with this type of project. This wouldn't be a great gateway to the community. Peter Samargia, 618 Cottonwood Lane North, stated he would be curious to know if there are any other examples in the City where there is a four-story apartment building that close to residential homes. He stated regarding McDonald's, City Center doesn't even have one restaurant with a 24 hour drive through. McDonald's knows how valuable this land is which is why they're interested in this property. He asked why the City is trying mixed use zoning here and the use of tax increment financing. He would also be affected by the height of the buildings in this development. He requested reassurance that if this development is approved, his neighborhood will be preserved. Lastly, he doesn't feel this development adds value to the community. Daniel Lafontaine, 11400 5th Avenue North, stated his primary concern is the wetland. He reminded the Council that on the east side of the property, there is an overflow swale. The compaction of this area is raising the wetland level. The overflow swale will need to be maintained if this development proceeds. He stated he's also not supportive of the McDonald's Proposed Minutes 7 of 13 Regular Meeting of August 23, 2011 Page 9 24 hour drive through. Regarding the senior housing development, he suggested a three-story versus four-story building. Toni Muckala, 11109 Highway 55, stated a 24 hour McDonald's or pharmacy would be an asset to this area. There are many people who work third shifts that travel at night that could appreciate a 24-hour McDonald's. She can appreciate residents not supporting this use, but it's commercial land, and it was commercial land when they purchased their properties. The entire population isn't being served 24 hours. A developer is giving the community an opportunity to develop this site which was been vacant for the last several years. Regarding the senior housing, this would be an asset as there is such a shortage of facilities for the elderly. She stated she would be the most impacted by this development, but there's a point where the community needs to think progressive and grow and move on. Nawal Pandey, 17400 491h Avenue North, stated the senior housing component and the 24 hour McDonald's aren't a good fit. There would be too much sound and light from the McDonald's. Paul Tucci, Oppidan, applicant, showed pictures of the senior housing development. He stated there is a similar mixed use development on Vicksburg Lane. Regarding the McDonald's, they've spoken with a lot of national and regional restaurants, but this isn't a viable location/market for them as they are in between similar uses. Therefore, it's hard to attract national and regional tenants when the site is caught between two powerful regional markets. McDonald's is a good corporate citizen. They would use the building to screen by putting the drive through on the east side. They are trying to create a barrier from single family to multi family to commercial. He stated he understands the 24 hour drive through issue, and they've discussed this with McDonald's. Forty-seven percent of their stores operate 24 hours a day. It's important for them to get the breakfast traffic so modifying their hours could be a concern. He stated regarding the odors, lights, and sounds from McDonald's, there will be traffic on Highway 55 and other uses. They are trying to create a site where they can buffer the commercial area. They moved the senior building further to the north in order to save more trees, add more screening, and create a buffer. Regarding McDonald's, Councilmember Black asked about headlights from vehicles shining into residential windows from the drive through and noise spilling out from the speakers on the east side of the building. Mr. Tucci replied if there are any headlights shining into windows, it would be from vehicles using the new public right-of-way. As you come through the development, you would see fewer headlights. The building itself and the preservation of existing trees and adding more trees would assist in screening and buffering the lights and sound from the building. Councilmember Black noted with the issue of the senior building being four stories, in her ward there are four-story apartment buildings that are adjacent to residential. Mr. Tucci illustrated the difference in elevation and grade change from the senior building to the adjacent residential properties. Councilmember Stein asked what would happen with the Mr. Gas property. Senior Planner Drill replied that property isn't part of this development as it's owned by Holiday Companies. Proposed Minutes 8 of 13 Regular Meeting of August 23, 2011 Page 10 Mr. Tucci discussed the senior housing use versus a commercial use. They've discussed a possible medical facility for Outlot B. They've also spoken with small grocery chains, but they haven't been able to convince any of them to locate in this development. Councilmember Murdock asked if they looked at the feasibility of a three-story senior building versus a four-story. Mr. Tucci replied, yes, but the realities of making this development economically feasible is where they are currently at. He also stated that with senior housing developments, you can't have long corridors for the residents. They would be utilizing tax increment financing for the road infrastructure on the site. Councilmember Murdock stated she prefers to restrict McDonald's hours. Community Development Director Juetten explained the use of tax increment financing on this site. Senior Planner Drill illustrated the buffer for the wetland area, and Public Works Director Cote discussed the overflow swale. Mayor Slavik received conformation that there would be two lanes at the McDonald's drive through. Councilmember Stein stated this site has been looked at several times for redevelopment since 1994. This site is caught in the middle of regional markets so the City hasn't been successful in attracting the uses that it desired. The senior housing development will be an asset and it would screen the residents to the south. He also suggested modifying the McDonald's drive hours. Councilmember Bildsoe agreed with Councilmember Stein's comments. Motion was made by Councilmember Stein, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving a Comprehensive Plan Amendment to Reguide Property located South of Highway 55 between Cottonwood Lane and County Road 73 (2011014 — Res2011-291 ), Ordinance Amending Chapter 21 of the City Code to Amend the Plymouth Crossroads Station PUD, for Property located South of Highway 55 between Cottonwood Lane and County Road 73 2011014 — Ord2011-28), Resolution ApprovingFindingsindings of Fact for Amending the Zoning Ordinance Text Related to the Crossroads Commons PUD, for Property located South of Highway 55, between Cottonwood Lane and County Road 73 (2011014 — Res2011-292), Resolution Approving a Preliminary Plat for Oppidan, Inc. for "Crossroads Commons" for Property located South of Highway 55, between Cottonwood Lane and County Road 73 2011014 — Res2011-293), and a Resolution Approving an Amended PUD General Plan for OOppidan, Inc. for "Crossroads Commons PUD" for Property located South of Highway 55, between Cottonwood Lane and County Road 73 (2011014 — Res2011-294). Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to amend condition No. 24 of the Resolution approving the amended PUD, to state that "McDonald's would be open from 6:00 a.m.-1:00 a.m. seven days a week." Proposed Minutes 9 of 13 Regular Meeting of August 23, 2011 Page 11 Councilmember Johnson asked Mr. Tucci how McDonald's would react if the Council limited their hours as motioned as that could affect the breakfast traffic. Mr. Tucci suggested 5:00 a.m. to either midnight or 1:00 a.m., but he would need to discuss this with McDonald's. A Substitute Motion was made by Councilmember Johnson, and seconded by Councilmember Black, to amend condition No. 24 of the PUD Resolution to state, "The hours of operation for both lobby service and drive-through window service for the fast food restaurant on Lot 1, Block 2 shall not exceed 18 hours per day Sundays through Thursdays, and shall not exceed 19 hours per days and Saturdays. For purposes of this condition, a `day' shall be defined as a 24- hour period from 3:00 a.m. to 3:00 a.m. the following day." With Bildsoe, Johnson, Murdock, and Black voting yes, and Stein, Willis, and Slavik voting no, the motion carried. Councilmember Willis asked if the landscaping on the easterly side of Cottonwood Lane could include coniferous trees. Kathleen Conlin -Joyce, representing the senior housing development, stated they would be happy to discuss with the neighbors the screening and landscaping. The Council voted on the amended main motion and with all members voting in favor, the motion carried. The Council took a five minute break. Without objection, Mayor Slavik reversed the last two items of business. 8.03) Conditional Use Permit for a Religious Institution at the Northwest Islamic Community Center located at 3300 Plymouth Boulevard (DJR Architecture, Inc. -2011051) Senior Planner Darling provided a brief history of the property. She stated previously the building was exclusively used as a post office. The U.S. Postal Service has made the decision to close a number of locations throughout the country, and this is one of their sites. The City doesn't have jurisdiction over the U.S. Postal Service. She stated the applicant intends to use this property as a religious institution and community center. Religious institutions are an allowable use by a conditional use permit and the community center is a permitted use. City Attorney Knutson added that the City doesn't own this property. The request is a conditional use permit for land use approval. He stated a conditional use permit is a quasi judicial action by the Council. The Council isn't making policy or legislating but applying the Zoning Ordinance to the facts. He stated the discussion this evening should only be directed towards the reasonable land use conditions, such as noise, parking, lighting, and drainage. He stated the Council's discretion is limited by State law and the U.S. Constitution. Proposed Minutes 10 of 13 Regular Meeting of August 23, 2011 Page 12 John Christiansen, 3240 Niagara Lane North, stated they live close to this property. The only issue that could pose a problem would be the parking, and hopefully that issue can be revisited in the future if necessary. Linda Zink, 14235 44th Place North No. 2, asked if this property will be paying property taxes. Mayor Slavik replied no. Mateen Ali, 15475 58th Place North, stated the building could use a facelift. They will be redoing the side of the building, constructing a new front entrance, installing new windows, and trimming trees and weeds. Al Heitkamp, 2116 Merrimac Lane North, requested the Council to defer action on this for 60 days or further study. There were only six days from when the Planning Commission considered the application until tonight. Community Development Director Juetten stated the Council needs to act on the application by November 5. Joe and Mary Faltesek, 15030 32nd Avenue North, stated they live behind this property. They met with the applicants and had their parking concerns addressed at each level. They support this project. Mohamad Akef, 15735 51St Place North, asked how the building would be shared between the two uses, and what would the operating hours of the post office function be in relation to the community center. Fawaz Mohiuddin, 4125 Shorewood Trail, Minnetonka, urged the Council's support of the application as it fills a desperate use in the area. The project would benefit the post office and the community. Adeel Ahmed, Rogers, who serves on the Islamic Board, stated they wouldn't be paying property taxes, but indirect taxes to people who will remodel the building, the architect, lawyers, and the lease on the post office use. He stated parking concerns have been addressed so there are no issues. There will be a firewall between the post office use and the community center space. He stated they pray five times a day, but there will be no call to prayer. This facility will not be a 24/7 operation, and they will have key cards for some of their members. Maria Ali, 1849163 rd Place North, Maple Grove, stated the parking requirements will be taken into consideration. Najam Qureski, 2050 Black Oaks Lane, reiterated that this wouldn't be a 24/7 facility. The post office will have access to the entire building. He stressed that a limited number of people will have key cards for access to the building. Proposed Minutes 11 of 13 Regular Meeting of August 23, 2011 Page 13 Councilmember Johnson asked Mr. Qureski if they would accept a condition to the approving resolution that there would be no amplified sound from the site. Mr. Qureski replied yes. Mayor Slavik asked about the parking. Senior Planner Darling replied the requirement is for 84 parking spaces. There would be 80 parking spaces on site and seven parking spaces on 34th Avenue for a total of 87 parking spaces. Mayor Slavik stated she's concerned about parking with the shared use. Senior Planner Darling stated the standards in the Zoning Ordinance are applied, not what the post office feels they would need in the future. The number of parking spaces is based strictly on the amount of space the post office will continue to operate. Staff assumed that they would need at least 16 parking spaces. Councilmember Stein asked if there is a peak time that the community center would be used. Senior Planner Darling replied the post office will have their peak times during the day, and they have two peak seasons during the year. The community center's peak times would be evenings and Friday afternoons. Mayor Slavik stated she's concerned about the parking on Friday afternoons as the post office is busy on Friday afternoons, and that would be a peak time for the community center. Councilmember Bildsoe asked Mr. Qureski how that would affect their use assuming that the parking spaces in front of the building were taken. Mr. Qureski replied on Friday afternoons, they would need approximately 42 parking spaces. Therefore, they aren't worried about the parking. If there are issues, they would work it out with the post office. Councilmember Murdock asked Mr. Qureski if they intend to use the Plymouth Creek Center for overflow parking as that seems problematic due to all the activities at the center. She also asked if they've pursued other areas in close proximity for over flow parking, such as US Bank. Mr. Qureski replied they won't be competing for parking when there are events in the area, such as Plymouth on Parade, Music in Plymouth, etc. as they'll be participating in those events. He stated they have two large events a year where more people come in from outside the community. They would have other options for facilities if they foresee that there would be a problem. He would be happy to talk to US Bank, but he doesn't see a parking overflow issue at this time. The Council briefly discussed Mr. Heitkamp's suggestion to defer action for 60 days, but it was determined that it wouldn't be prudent to delay this item as nothing would probably change between tonight and November 5. Motion was made by Councilmember Willis, and seconded by Councilmember Black, to adopt a Resolution Approving a Conditional Use Permit for DJR Architecture, Inc. for a Religious Institution at the Northwest Islamic Community Center located at 3300 Plymouth Boulevard 2011051 — Res2011-295). Proposed Minutes 12 of 13 Regular Meeting of August 23, 2011 Page 14 Motion was made by Councilmember Johnson, and seconded by Mayor Slavik, to amend the main motion to add a condition to the resolution to state, "no amplified sound shall be permitted outside the building." With all members voting in favor, the motion carried. The Council voted on the amended main motion, and with all members voting in favor, the motion carried. 8.02) Agreement with Allied Waste Services of North America, LLC for Comprehensive Municipal Recycling Services Public Works Director Cote gave an overview of the proposed contract that was negotiated with Allied Waste Systems following the Council's study session that was held on August 16. He noted the correspondence received from Hennepin County where they are migrating towards single sort systems. He referenced proposed amendments that were provided to the Council at their places this evening. Councilmember Black spoke regarding the suggested amendments to the contract language. Motion was made by Councilmember Black, and seconded by Councilmember Willis, to adopt a Resolution Approving a Contract with Allied Waste Services of North America, LLC, for Recycling Services with changes that were handed out this evening (Res2011-296). With all members voting in favor, the motion carried. Reports and Staff Recommendations There were no reports and staff recommendations. Adiournment Mayor Slavik adjourned the meeting at 11:07 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 13 of 13 Regular Meeting of August 23, 2011 Page 15 Proposed Minutes Special Council Meeting September 6, 2011 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. in the Medicine Lake Room, 3400 Plymouth Boulevard, on September 6, 2011. COUNCIL PRESENT: Mayor Slavik, Councilmembers Bildsoe, Black, Murdock, Willis, Stein, and Johnson. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Park Director Evans, Administrative Services Director Portner, Public Works Director Cote, Police Chief Goldstein, Fire Chief Kline, Human Resources Director Kone, Community Development Director Juetten, Finance Manager Bursheim, and City Clerk Engdahl. Discussion of 2012/2013 Budget Staff provided handouts to the Council on levy changes and a report requested by Councilmember Willis on how three different scenarios for tax levies would impact his property. Staff noted that they received preliminary information from the County Assessor but additional information would be provide in the next four to eight weeks. Councilmember Black suggested that the Council have a budget study session the end of October/first part of November to see what the levies will be for the County and school districts. The Council would be able to review this information prior to the truth in taxation meeting on December 13. The majority of the Council supported Scenario A as noted in their packet materials which would be the proposed budget with a 1.2% tax levy in 2012 and a 1.14% tax levy in 2013. Staff is to rerun the "tax impact for proposed tax levy" handout with two more scenarios — the effect on a 275,000 valued home and a million dollar home and provide a report on how the City has been doing with court cases appealing property valuations. Announcement from Councilmember Kathleen Murdock Councilmember Murdock announced her resignation as the Ward 2 representative on the Council effective September 30, 2011. She explained that she will be retiring from her position at Hennepin County, and in order to receive full P.E.R.A. retirement benefits, she needs to terminate all sources of P.E.R.A. Proposed Minutes 1 of 2 Special Meeting of September 6, 2011 Page 16 Motion was made by Mayor Slavik, and seconded by Councilmember Johnson, to accept Councilmember Murdock's resignation effective September 30, 2011. With all members voting in favor, the motion carried. Set Future Study Sessions The Council added discussing cemetery regulations to the pending study session list. Public Works Director Cote stated he would provide a written update on surplus City properties. The Council scheduled the following study sessions: 1. October 11 at 5:30 p.m. —update with the City Manager and review applications for Ward 2 Council position. 2. October 18 at 6 p.m. — conduct interviews for the Ward 2 Council position. Adiournment Mayor Slavik adjourned the meeting at 7:30 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of September 6, 2011 Page 17 rp)City of Plymouth Adding Quality to life REGULAR COUNCIL MEETING September 13, 2011 Agenda 6.02Number: To: Laurie Ahrens, City Manager Prepared by: Deb Luesse thru Jodi Bursheim, Finance Manager Reviewed by: Calvin Portner, Director of Administrative Services Item: Disbursements Ending September 3, 2011 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending September 3, 2011. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending September 3, 2011. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 9.3.11/Council meeting 9.13.11 FUND 100 General Fund 200 Recreation Fund 210 Parker's Lake Cemetery Maint 220 Transit System Fund 234 Economic Development Fund 250 Comm Dev Block Grant Fund 254 HRA Section 8 Fund 254 HAP Check Summary 258 HRA General Fund 300 1998C GO Activity Center 301 2003D Open Space Refunding 305 2004A GO Public Safety 307 1998A -TIF #7-5A Rottland 308 2005A TIF #1-1 310 2009A TIF #7-5A Refund 1998A 311 2009B AC and FH Refunding 400 General Capital Projects Fund 401 Minnesota State Aid Fund 404 Community Improvement 405 Park Replacement Fund 406 Infrasturcture Replacement Fund 407 Project Administration Fund 408 Park Construction 409 Capital Improvement Fund 412 Utility Trunk Fund 413 Improvement Project Construction 414 Shenandoah Administration 416 Public Safety Expansion 851 HRA Senior Apt. Constr Fund 418 Utility Trunk System Expansion 420 Water Sewer Construction 421 Enterprise -Other Construction 998 TIF # 7-2 O.S. (Const) 998 TIF # 7-3 P.O.S. (Const) 422 TIF #7-4 P.T.P (Const) 423 TIF # 7-5 Rottlund (Const) 424 TIF #7-6 Continental (Const) 425 TIF Housing Assistance Program 426 TIF #7-7 Stonecreek ('Const) 427 TIF #7-8 Shops @ Plymouth Creek 428 TIF HRA Senior Apt. Constr. Fund 429 TIF HRA 1-3 Crossroads Station 431 CON -2010A Open Spaces 500 Water Fund 510 Water Resources Fund 520 Sewer Fund 530 Solid Waste Management Fund 540 Ice Center Fund 550 Field House Fund 600 Central Equipment Fund 610 Public Facilities Fund 620 Information Technology Fund 630 Risk Management Fund 640 Employee Benefits Fund 650 Design Engineering 660 Resource Planning 850 Plymouth Town Square Total Invoice Expense Distribution: 348,152.29 86,303.67 0.00 266,541.25 0.00 15,827.90 690.00 247,771.74 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 51,939.83 0.00 254,847.00 50,624.95 0.00 0.00 50,443.15 0.00 5,343.75 914,977.08 0.00 0.00 0.00 0.00 11,503.32 6,739.85 0.00 0.00 461.42 461.43 461.43 0.00 461.43 603.93 461.43 461.43 0.00 161,199.88 77,253.76 474,628.87 24,475.03 38,009.46 98.07 50,884.34 50,044.45 19,716.07 6,106.36 11,617.04 0.00 1,757.05 0.00 0.00 3,230,868.66 Page 2 City of 2 Plyn ,o,uth Check Payment Register 08/14/2011 to 09/03/2011 Check 119541 Date Paid: 08/15/2011 1 800 Radiator & A/C Amount: 97.26 Inv. 51393426 08/02/2011 Unit 32 AC Condenser 97.26 Check 119542 Date Paid:08/15/2011 Able Hose & Rubber Inc Amount: 560.17 Inv. 1832827 07/26/2011 Hose repair parts 560.17 Check 119543 Date Paid:08/15/2011 Acclaim Benefits Amount: 175.00 Inv. 0020954IN 08/10/2011 Jul'11 COBRA 175.00 Check 119544 Date Paid:08/15/2011 Action Fleet Inc Amount: 7,101.74 Inv. 6675 07/28/2011 G-31 Fire unit parts 6,209.34 Inv. 8340 07/28/2011 Unit 150 traffic warning light amber w/red/blue 892.40 Check 119545 Date Paid:08115/2011 Adam's Pest Control, Inc. Amount: 98.37 Inv. 655880 08/03/2011 Jul-Sep'11 IC Pest Control 98.37 Check 119546 Date Paid:08/15/2011 Affiliated Emergency Vet. Amount: 536.00 Inv. 216853 05/05/2011 5.5.11 case 11021914 emerg exam 112.00 Inv. 223470 06/30/2011 6.30.11 case 11032774 emerg exam 114.00 Inv. 227189 07/28/2011 7.28.11 case 11038547 emerg exam 196.00 Inv. 228396 08/06/2011 8.6.11 case 11040489 emerg exam 114.00 Check 119547 Date Paid:08/15/2011 Alpine Fence LLC Amount: 12,300.00 Inv. 1948A 06/02/2011 Bal owed for fence repairs due to snowplow 12,300.00 damage Check 119548 Date Paid:08/15/2011 American Messaging Services LLC Amount: 133.44 Inv. D2081166LH 08/01/2011 Aug'11 PD pager rental 133.44 Check 119549 Date Paid:08/15/2011 Ancom Communications Inc Amount: 516.85 Inv. 23893 07/29/2011 4 radio ear jacks/2 chargers 516.85 Check 119550 Date Paid:08/15/2011 Andover Electric LLC Amount: 26.00 Inv. 201102418 08/15/2011 12410 25th Ave Elec Permit 201102418 refund 26.00 Check 119551 Date Paid:08/15/2011 Astleford International Trucks Amount: 1,138.02 Inv. C243860 07/27/2011 Unit 590 repairs/no oil pressure 568.17 Inv. T228333 07/22/2011 Unit 590 repairs/no oil pressure 736.84 Inv. T228360 07/22/2011 Cr core credit fr inv T228333 72.03) Inv. T228652 07/27/2011 Cr sensor inv C243860 94.96) Check 119552 Date Paid:08/15/2011 AVI Systems Inc Amount: 585.94 Inv. 34531800 07/27/2011 7.7/7.22.11 Millennium Garden sound system 594.73 Inv. 34531800A 08/12/2011 less late fee not owed 8.79) Check 119553 Date Paid:08115/2011 Barr Engineering Co. Amount: 2,637.90 Inv. 23271161004 07/28/2011 6.18/7.15.11 Plyfld lighting project 2,637.90 Check 119554 Date Paid:08/15/2011 Inv. WO7067591 07/20/2011 Check 119555 Date Paid:08/1512011 Inv. 98807R 07/27/2011 Check 119556 Date Paid:08/1512011 Page 1 of 24 Bertelson Total Office Solutions PD -2 Portable USB 2.0 Flash Drive, 2GB Boyer Trucks Filter & O/FTR Cove C S McCrossan Construction Inc Amount: $25.63 25.63 Amount: $55.59 55.59 Amount: $1,238.92 Page 3 9/6/2011 Inv. 8976MB 07/25/2011 7.25.11 20.44ton RAP/Fines Mix Inv. 8993MB 07/28/2011 7.26.11 6.02ton RAP Check 119557 Date Paid:08/15/2011 CDW Government Inc Inv. ZCM5814 07/26/2011 Vioneer 9450 USB Scanner Check 119558 Date Paid:08/15/2011 Clarey's Safety Equip. Co Inv. 3446 07/29/2011 Unit #31 aerial won't retract Check 119559 Date Paid:08/15/2011 Inv.6974838 07/29/2011 Inv.6976992 07/29/2011 Check 119560 Date Paid:08/15/2011 Inv. 5592 07/25/2011 Inv. 5593 07/25/2011 Check 119561 Date Paid:08/15/2011 Inv. 11060 07/25/2011 Check 119562 Date Paid:08/15/2011 Inv.1040015 07/22/2011 Dakota Supply Group Inc 1 2" CMPD dual gal rtr summ&ert/rplcmnt 48 3/4" M35 short gal,48 #2 setters/resale Designwrite Studios Jul-Aug'11 Plymouth News Jul-Aug'11 Environmental Extra DH Athletics LLC 2 18' field tarps,windscreen,net Digital Ally Inc 5 Battery 971.90 267.02 Amount: $316.42 316.42 Amount: $760.00 760.00 Amount: $11,770.74 586.74 11,184.00 Amount: $1,404.92 690.75 714.17 Amount: $1,699.31 1,699.31 Amount: $157.50 157.50 Check 119563 Date Paid: 08/15/2011 DSS Commercial Inc Amount: $1,990.45 Inv. 15643 08/02/2011 Jul'11 Various Transit Shelter Trasch rmvl 874.67 Inv. 15644 08/02/2011 Jul'11 Mesiah Transit shelter lawn mowing 106.88 Inv. 15655 08/02/2011 Jul'11 St73 Transit Shelter lawn mowing 1,008.90 Check 119564 Date Paid:08/15/2011 Inv. 517497 07/25/2011 Check 119565 Date Paid:08/15/2011 Inv. 00962541N 07/26/2011 Inv. 00962561N 07/26/2011 Check 119566 Date Paid:08/15/2011 Inv.201104406 08/12/2011 Check 119567 Date Paid:08/15/2011 Inv. 001 17721N 07/26/2011 Check 119568 Date Paid:08/15/2011 Inv.0160608 06/30/2011 Check 119569 Date Paid:08/15/2011 Inv. 462501 07/25/2011 Check 119570 Date Paid:08/15/2011 Inv. QQ3434 07/26/2011 Check 119571 Date Paid:08/15/2011 Inv. 110726 07/26/2011 Check 119572 Date Paid:08/15/2011 Inv. M N PLY46801 03/08/2011 Inv. MNPLY47297 06/10/2011 Inv. MNPLY47300 06/10/2011 Inv. MNPLY47371 06/10/2011 Page 1 of 24 Dynatronics Amount: $42.01 Padded handle $42.01 Earl F. Andersen Inc. Amount: $494.35 10 Ext Rods,8 E Street Sign Clips,15-18X6 All $278.68 Way Sign 2 36x24 COP Adopt Street signs $215.67 Elder -Jones Building permit sv Amount: $158.36 18315 8th Ave N Bldg Permit 201104406 $158.36 refund Electrical Installation & Mnt Amount: $585.00 Signal Repair-CSAH9@Nathan Lane Frontage $585.00 Road WB OH Turned Visor Elert & Associates Amount: $2,170.00 FAC11011 May'11 Council Chambers $2,170.00 Renovation Esch Construction Supply Inc 2 diamond cut blades for asphalt ESS Brothers & Sons Inc 36 1" Water valve riser Falls & Nyhusmoen Construction FAC1101 #1 Council Chamber renovations Fastenal Company 2-72 CT Scrubbing Wipes 20 5/8"-11 HX Galy 100-5/16-18 X 3/4 BHSCS, 50 ml BL Threadlocker M8-1.25 1 Metertrod Amount: $587.81 587.81 Amount: $846.45 846.45 Amount: $3,606.83 3,606.83 Amount: $149.93 34.99 10.47 41.49 6.21 Page 4 9/6/2011 Inv. MNPLY47458 06/10/2011 2-72ct Scrubbing Wipes 36.40 Inv. MNPLY47483 06/10/2011 10 M20-2.5 Nylock Z 20.37 Check 119573 Date Paid:08/15/2011 Fire Catt LLC Amount: $4,846.50 Inv. 1076 07/22/2011 16,155 ft of Fire Hose testing 4,846.50 Check 119574 Date Paid:08/15/2011 First Transit Inc Amount: $262,956.37 Inv. 10567507 07/31/2011 Jul'11 DAR/Metrolink Transit service 255,432.42 Inv. 10567509 07/31/2011 Jul'11 Fuel surcharge 7,523.95 Check 119575 Date Paid: 08/15/2011 G&K Services Inc Amount: $325.50 Inv. 1006282925 07/29/2011 Public Works Uniforms 325.50 Check 119576 Date Paid:08/15/2011 GMH Asphalt Corp Amount: $448,520.90 Inv. 110725 07/25/2011 Proj9113 # 3 Cimarron Ponds Street Reconstr 120,095.23 Inv. 110806 08/06/2011 Proj11002 #2 Annapolis Lane Reconstruction 328,425.67 Check 119577 Date Paid:08/15/2011 Grainger Amount: $1,850.24 Inv. 9592630850 07/25/2011 Door Push Plate, Pull Plate Round Grip & 106.29 Drilling Screws (100pk) Inv. 9593009658A 07/25/2011 3-2inch male adaptors 11.67 Inv. 9594397458 07/26/2011 PCC Elec lav faucet,dimming ballast 897.68 Inv. 9596190166 07/28/2011 Diesel Fuel Nozzle 134.43 Inv. 9596679440 07/28/2011 2 Clear and Yellow Tape2, w ribbon cartridges, 625.52 2 AA PK4 Battery Inv. 9597879031 07/29/2011 12 Safety Gloves 74.65 Check 119578 Date Paid:08/15/2011 Hawkins Water Treatment Inv. 3247105RI 07/25/2011 ZWP 4816gl Azone 15 Check 119579 Date Paid:08/15/2011 Hedberg Aggregate Inc Inv. 202828 06/22/2011 1.10ton boulders/Hilde Check 119580 Date Paid:08/15/2011 Hennepin County Sheriff Inv. 3776 08/12/2011 Apr'11 Booking Fee/bal owed -billed on Mtka Inv. 3780 08/12/2011 Mar'11 Booking Fee/bal owed -billed on West Henn Check 119581 Date Paid:08/15/2011 Inv. 440710 08/02/2011 Check 119582 Date Paid:08/15/2011 Inv. 414406001 07/26/2011 Check 119583 Date Paid:08/15/2011 Inv. 4697 07/27/2011 Check 119584 Date Paid:08/15/2011 Inv. 2416 08/12/2011 Check 119585 Date Paid:08/15/2011 Inv. 6697921 07/20/2011 Check 119586 Date Paid:08/15/2011 Inv. 110701 07/01/2011 Check 119587 Date Paid:08/1512011 Inv. 111025 08/12/2011 Check 119588 Date Paid:08/15/2011 Inv.41382410 07/25/2011 Check 119589 Date Paid:08/15/2011 Page 1 of 24 Highway 55 Rental Inc 6500 watt generator rental Highway Technologies Inc 7.18/7.22.11 Hwy 55&Xenium sign rental Ideal Service Inc Maint at LS for VFD's Kid Create Studio Paint&Draw/Mommy's Time-Icky Poo Krames StayWell LLC 1 Lifeguarding manual Lynn & Associates 6.22.11 Bob Topp assessment report Amount: $3,578.29 3,578.29 Amount: $86.53 86.53 Amount: $461.68 386.68 75.00 Amount: $59.41 59.41 Amount: $227.41 227.41 Amount: $435.00 435.00 Amount: $1,042.00 1,042.00 Amount: $40.77 40.77 Amount: $187.50 187.50 MAAO/MN Assoc Assess Officers Amount: $165.00 Jake Pidde USPAP registr 10.25/10.26.11 $165.00 Masune Medco Supply Co Amount: $21.32 Biohazard bags $21.32 McGruff Safe Kids Amount: $290.37 Page 5 9/6/2011 Inv. 103723 07/27/2011 300 Kids Identification kits Check 119590 Date Paid:08/15/2011 McKinstry Essention Inc Inv. 44304 06/23/2011 Apr-Jun'11 Stimulus funding Check 119591 Date Paid:08/15/2011 Medicine Lake Tours Inv. 110817 08/09/2011 8.17.11 Northstar Rail/Wobegon Tales Sr program Check 119592 Date Paid:08/15/2011 Metro Water Conditioning Inc. Inv. 71093 07/27/2011 PIC -49 50# Solar Salt 290.37 Amount: $44,962.00 44,962.00 Amount: $1,040.00 1,040.00 Amount: $305.15 305.15 Check 119593 Date Paid: 08115/2011 Carol Miller Amount: $160.91 Inv. 110718 07/18/2011 Park&Rec rental refund 160.91 Check 119594 Date Paid:08/15/2011 Minnesota NAHRO Amount: $450.00 Inv. 110921 08/12/2011 Renate Melillo conf registr 9.21/9.23.11 Duluth 450.00 Check 119595 Date Paid:08115/2011 Morrie's Imports Inc Amount: $10.23 Inv. 495155 07/28/2011 Housing Wit 9.52 Inv. 495200 08/01/2011 Housing - SWIT 10.23 Inv. CM495155 07/29/2011 CR on Housing-Swit 9.52) Check 119596 Date Paid:08/15/2011 Inv. 247029A 07/06/2011 Inv. 247136A 07/07/2011 Inv. 247158A 07/07/2011 Inv. 247187A 08/10/2011 Inv.247348A 08/10/2011 Inv.247696A 08/10/2011 Inv.247756A 08/10/2011 Inv. 248104A 08/10/2011 Inv.248335A 08/10/2011 Inv. 248350A 07/14/2011 Inv.248833A 07/18/2011 Inv.249064A 07/19/2011 Inv.249243A 07/20/2011 Inv.250096A 07/26/2011 Inv.250283A 07/27/2011 Inv.250423A 07/28/2011 Inv.250583A 07/29/2011 Inv.250585A 07/29/2011 Check 119597 Date Paid:08/15/2011 Inv. 2284 07/07/2011 Inv. 2285 07/07/2011 Check 119598 Date Paid:08/15/2011 Inv. 5106T 08/04/2011 NAPA Geniune Auto Parts Co Unit #23 Battery Battery 2006 Chev Truck Brake Pads 2001 Ford Truck Hazard Flasher Excel Plus Wiper/Blade NAPA SYN Oil 5W30 Light Plug Flasher & 2 Wiper Blades Halogen Lamp Battery Unit 5007 connector Battery Unit 5000 Steering Wheel Cover 2006 Ford Truck Brake Pads 2001 Chev Truck Distributor Cap and Rotor 2001 Chev Truck Fuel Injector & pressure Regulator 2001 Ford Truck Fuel Pump Relay Halogen lamp Natural Shore Technologies Apr-Jun'11 22 raingardens maint Apr-Jun'11 9 Pond/Wetland maintenance Robert Nesbitt 6.22/8.3.11 406 Mileage/Registr fee Amount 180.93 169.47 49.63 14.39 10.99 3.54 12.43 36.37 24.32 40.98 10.47 94.26 30.15 41.78 54.09 155.18 9.94 30.36 969.28 Amount: $10,030.00 3,630.00 6,400.00 Amount: $250.33 250.33 Check 119599 Date Paid: 08/15/2011 Neumann's Enterprise LLC Amount: $6,102.50 Inv. 110802 08/02/2011 7.28/7.29.11 Camelot/Yucca ditching drainage $6,102.50 proj Check 119600 Date Paid:08/15/2011 Northern Sanitary Supply Co Inc Amount: $336.76 Inv. 149949 08/05/2011 12 Gal Cleaner,12RLS Towells,2 CS Tissue $336.76 Check 119601 Date Paid:08/15/2011 Office Depot Amount: $251.% ge 6 Page 1 of 24 9/6/2011 Inv. 570428060001 07/07/2011 1 PK Clip 3.35 Inv. 572080783001 07/21/2011 PD-2BX Staples, 1 BX Folders, 1 PK Correct 17.00 6.21/7.14.11 Force cuts Inv. 1179363H Tape, 1 PK Fluid 6.21/7.14.11 Brush Hauling Inv. 572105838001 07/21/2011 FIN -20 Binders 91.27 Inv. 572180909001 07/22/2011 PW -2 View Binders, 1 DZ Sharpie Markers 30.88 Inv. 572196278001 07/22/2011 PD=33 3x5 Memo Book Top Wire 44.09 Inv. 572307539001 07/25/2011 PD -5 BX Clasp envelopes & 1 BX Envelopes 43.40 Inv. 572692825001 07/27/2011 PW -7 Sets of Dividers 11.67 Inv. 572792979001 07/27/2011 PD -2 pair scissors 10.15 Check 119602 Date Paid:08/15/2011 Olsen Chain & Cable Co Inc Amount: $782.55 Inv. 649273 07/28/2011 Tie down chain,hooks hammer locks for new 623.94 unit Inv. 649486 07/29/2011 8-3/8 grab & clevis hooks for #2008 new trailer 158.61 Check 119603 Date Paid:08115/2011 On Site Sanitation Inv. 110722 07/22/2011 7.2/7.22.11 50 sites/Portable Toilets Check 119604 Date Paid:08/15/2011 Inv. 1110 08/07/2011 Check 119605 Date Paid:08/15/2011 Inv. 41710 07/27/2011 Inv. 41734 07/28/2011 Inv. 41735 07/28/2011 Inv. 41737 07/28/2011 Inv. 41797 07/18/2011 Orion Archery Club 8.7.11 Try It Archer program Owens Companies Inc ZWP air leaks/vent restrictors 7.18.11 PW Mission Lift fan problem 7.19.11 ZWP Replaced Fuse on Unit #1 ZWP-7.22.11 Well 11 not Cooling replaced belts CWP -7.18.11 Work on Nosey Radiation Valve in conference room Check 119606 Date Paid:08115/2011 Phasor Electric Company Inv. 039890 07/29/2011 PIC Troubleshoot motor starter & jumper out on 20 -HP fan Inv. 039891 07/29/2011 PIC -Fuse Blowing on Fan Rink C Check 119607 Date Paid:08/15/2011 Plastic BagMart Inv. 73045 07/23/2011 10cs 52x80 clear bags Check 119608 Date Paid:0811512011 Inv. 110814 08/14/2011 Check 119609 Date Paid:08/15/2011 Inv. 00006091 07/26/2011 Check 119610 Date Paid:08/15/2011 Inv. P62944 07/26/2011 Check 119611 Date Paid:08/15/2011 Inv.254682 07/24/2011 Plymouth Automotive Inc. 8.14.11 '97 Nissan tow Pond & Lighting Designs Inc Parkers Ik fountain repairs/parts PowerPlan /RDO/Vermeer Screws,knife Printers Service Inc PIC -77" Ice Knife Sharpening Check 119612 Date Paid:08115/2011 Qwest Inv. E2325760811 08/01/2011 Aug'11 E23.2576 Inv. E4404790811 08/01/2011 Aug'11 E44.0479 Inv. E4404930811 08/01/2011 Aug'11 E44.0493 Check 119613 Date Paid:0811512011 Rainbow Treecare Inc Inv. 1179363E 07/29/2011 7.15/7.29.11 Tree removals Inv. 1179363F 07/29/2011 7.15/7.29.11 Brush hauling Inv. 1179363G 07/14/2011 6.21/7.14.11 Force cuts Inv. 1179363H 06/22/2011 6.21/7.14.11 Brush Hauling Page 1 of 24 Amount: $3,687.87 3,687.87 Amount: $100.00 100.00 Amount: $2,172.01 1,029.00 131.00 327.00 215.00 470.01 Amount: $1,571.30 175.00 1,396.30 Amount: 299.25 299.25 Amount: 156.19 156.19 Amount: 298.06 298.06 Amount: 327.98 327.98 Amount: 36.00 36.00 Amount: $1,094.91 107.95 539.71 447.25 Amount: $9,539.40 3,493.90 100.00 2,985.50 100.00 Page 7 9/6/2011 Inv. 11793631 07/14/2011 6.21/7.14.11 City property tree removals Check 119614 Date Paid:08/15/2011 Reinders Inc Inv. 301050600 07/29/2011 Fungicide, 2-5 gal Glyphosate Check 119615 Date Paid:08/15/2011 Scharber & Sons Inv. 022033979 07/13/2011 4 spool,3 summer oil Inv. 022034085 07/15/2011 Stihl pole saw #6027 Inv. 022034215 07/20/2011 2 12" chain Check 119616 Date Paid:08115/2011 Selectaccount Inv. 856577 08/06/2011 Aug'11 FSA & VEBA Check 119617 Date Paid:08/15/2011 Inv. 110801 08/01/2011 Check 119618 Date Paid:08/1512011 Inv.2945953 08/09/2011 Check 119619 Date Paid:08/15/2011 Inv.78121713 08/05/2011 Check 119620 Date Paid:08/15/2011 Inv. 110805 08/05/2011 Check 119621 Date Paid:08/15/2011 Inv.07455002 06/30/2011 Check 119622 Date Paid:08/1512011 Inv. 110809 08/09/2011 Check 119623 Date Paid:08/15/2011 Inv. 58961970811 08/08/2011 Check 119624 Date Paid:08/15/2011 Inv.1329648 07/28/2011 Inv.1329649 07/28/2011 Check 119625 Date Paid:08/15/2011 Inv. 2611822420024 06/23/2011 Check 119626 Date Paid:08/15/2011 Inv.52748 07/25/2011 Inv. 53168 08/01/2011 Check 119627 Date Paid:08/15/2011 Inv.1066393 07/25/2011 Check 119628 Date Paid:08/15/2011 Inv.11TF1482 07/27/2011 Check 119629 Date Paid:08/15/2011 Inv. 50950000811 08/13/2011 Check 119630 Date Paid:08115/2011 Inv.200581STc 07/25/2011 Senior Community Services 11 2nd 1/2 Sr Citz Sery/PCC&Plymouth Rockers Servpro of Plymouth Unit 1009 Squad interior cleaning Skyhawks Sports Academy Inc 7.18/7.21.11 Mini Hawk Camp Sports Unlimited 8.1/8.5.11 AM Edge Football/AM Tennis SRF Consulting Group, Inc. Proj11029 6.30.11 Vicksburg Lane St Philip the Deacon 8.9.11 Park&Ride parking lot lease 2,860.00 Amount: $205.21 205.21 Amount: $195.02 120.78 41.47 32.77 Amount: $426.39 426.39 Amount: $39,252.00 39,252.00 Amount: $117.55 117.55 Amount: $1,282.50 1,282.50 Amount: $4,220.00 4,220.00 Amount: $3,600.00 3,600.00 Amount: $200.00 200.00 Star Tribune Amount: 130.00 CC/Admin 5896197 8.25.11/8.25.12 daily 130.00 paper Sun Newspapers Amount: 111.54 Publish Ordinance 2011-20 2800 Fernbrook LN 80.08 Publish Liquor License Application UCHU 31.46 Peruvian Cusine Sun Trust Mortgage Amount: 1,425.51 1655 Evergreen Ln N ref SA overpayment 1,425.51 Superior Brookdale Ford Amount: 488.61 Unit 408 Spord Sende 390.88 Unit 1001 Locate Modul 97.73 Swanson Flo -Systems Co Valves for water plant Taho Sportswear Inc 1,102 P&R Volleyball Adult T's w/screenprint TDS Metrocom Aug'11 509.5000 Land Lines Tight Rope 160 Fire Hydrant painting Check 119631 Date Paid:08/15/2011 Top Notch Exteriors Inc Inv. 201104867 08/12/2011 16005 22nd Ave n Bldg Permit 201104867 refund Check 119632 Date Paid:08/15/2011 Total Energy Systems LLC Page 1 of 24 Amount: $570.12 570.12 Amount: $40.20 40.20 Amount: $2,687.68 2,687.68 Amount: $8,480.00 8,480.00 Amount: $409.82 409.82 Amount: $5,343.75 Page 8 9/6/2011 Inv. 213852 07/23/2011 Imperial Hills LS generator sound pckg/start up $5,343.75 for gen Check 119633 Date Paid:08/15/2011 Uniforms Unlimited Inc. Amount: $714.20 Inv. 85376 07/28/2011 Mike Goldstein armor vest $714.20 Check 119634 Date Paid:08/15/2011 University of Minnesota Inv. 0230004667 07/27/2011 2010 Street Sweeping soil sample analysis Check 119635 Date Paid:08/15/2011 Valspar Paint Inv. 002908443 07/13/2011 12 5gl Yellow field marking paint Check 119636 Date Paid:08/15/2011 Viking Trophies Inv. 104860 08/03/2011 850 Soccer medals Check 119637 Date Paid:08/15/2011 Inv. F212100096 07/29/2011 Check 119638 Date Paid:08/15/2011 Inv. 110828 08/10/2011 Check 119639 Date Paid:08/1512011 Inv. 51007862360811 08/02/2011 Inv. 51450946640811 08/10/2011 Inv. 51840962930611 06/30/2011 Check 119640 Date Paid:08/15/2011 Inv.184305 07/28/2011 Check 119641 Date Paid:08/15/2011 Inv. 2468 08/10/2011 Check 119642 Date Paid:08/15/2011 Inv. SW050169066 07/23/2011 Check 119643 Date Paid:08/15/2011 Inv. 111017 08/18/2011 Check 119645 Date Paid:08/15/2011 Inv. 2011-00000207 08/15/2011 Check 119646 Date Paid:08/15/2011 Inv. 110816 08/16/2011 Check 119647 Date Paid:08/15/2011 Inv. 2011-00000208 08/15/2011 Check 119648 Date Paid:08/15/2011 Inv. 2011-00000209 08/15/2011 Check 119649 Date Paid:08/15/2011 Inv. 2011-00000210 08/15/2011 Check 119650 Date Paid:08/15/2011 Inv. 2011-00000211 08/15/2011 Check 119651 Date Paid:08/15/2011 Inv. 110824 08/12/2011 Check 119652 Date Paid:08/15/2011 Inv. 110729 07/29/2011 Check 119653 Date Paid:08/15/2011 Inv. 2011-00000212 08/15/2011 W D Larson Companies LTD Inc 12 filters and 2 Automotive Transmission Wright -Henn Elec. Co. 082811 Street Lighting Xcel Energy 6.15/7.31.11 Storm Water 6.19/8.4.11 6 Playfields Proj5102 Street lights on CR 101 Yahoo Custodian of Records CN11036585 Admin subpeona/IR# 184305 Youth Tech Inc Game/Web Computer design camp Ziegler Inc Mission LS inspect engine/generator City of Eagan Matt Gliniany/"2011 Muzzle&Tracking" 10.17/10.20.11 Law Enforce Labor Serv./Union DUES POL - Police Union Dues Sara Mittelstaedt Sam's Club/Senior/PCC supplies MN AFSCME Council #5 DUES MTCE - Maintenance Union Dues* MN Child Support Payment Ctr CHD SUP% - Child Support Percentage* MN Environmental Fund CHAR MN ENV - MN Enviromental Fund Open Your Heart CHAR OYH - Open Your Heart Brian Peterson 8.24.11 Farmers market performance Steven Thomas 7.25/7.29.11 PerDiem/gas Iowa conf United Way CHAR UW - United Way Amount: $600.50 600.50 Amount: $512.36 512.36 Amount: $1,871.38 1,871.38 Amount: $69.37 69.37 Amount: $8,691.71 8,691.71 Amount: $25,244.16 1,200.93 2,246.23 21,797.00 Amount: $21.94 21.94 Amount: $1,736.25 1,736.25 Amount: $588.98 588.98 Amount: $75.00 75.00 Amount: $1,295.91 1,295.91 Amount: $52.88 52.88 Amount: $2,730.16 2,730.16 Amount: $1,401.32 1,401.32 Amount: $6.00 6.00 Amount: $36.00 36.00 Amount: $60.00 60.00 Amount: $272.02 272.02 Amount: $36.00 36.00 Page 9 Page 1 of 24 9/6/2011 Check 119654 Date Paid:08/15/2011 Inv. Import - 1182 08/17/2011 Check 119655 Date Paid:08/15/2011 Inv. Import - 1183 08/17/2011 Check 119656 Date Paid:08/15/2011 Inv. Import - 1180 08/17/2011 Check 119657 Date Paid:08/15/2011 Inv. Import - 1181 08/17/2011 Check 119658 Date Paid:08/15/2011 Inv. Import - 1179 08/17/2011 Check 119659 Date Paid:08/15/2011 Inv. Import - 1178 08/17/2011 Check 119660 Date Paid:08/25/2011 Inv. 664145 08/10/2011 Inv. 664146 08/08/2011 Andrews, Jim Amount: 4.00 Park and Rec Refund 4.00 Amount: $190.24 Bergstrom, Fred Amount: 4.00 Park and Rec Refund 4.00 Faber, Barbara Amount: 100.00 Park and Rec Refund 100.00 06/30/2011 Hayes, Karen Amount: 4.00 Park and Rec Refund 4.00 11,060.32 Marinaro, Rosemary Amount: 55.00 Park and Rec Refund 55.00 Raiche, Cris Amount: $42.00 Park and Rec Refund 42.00 Adam's Pest Control, Inc. Amount: $190.24 Jul-Sep'11 FS2 Pest Control 95.12 Jul-Sep'11 FS3 Pest Control 95.12 Check 119661 Date Paid: 08/25/2011 Admin -IPA Amount: $250.00 Inv. 110926 08/23/2011 9.26.11 Tammy Ward/Sally Fiecke IPAD LE 250.00 Data workshop Check 119662 Date Paid:08/25/2011 Advanced Engineering and Environmental Services Amount:$11,503.32 Inv. 27957 06/30/2011 Jun'11 Imperial Hills LS 443.00 Inv. 28262 07/31/2011 Jul'11 Imperial Hills LS 11,060.32 Check 119663 Date Paid:08/25/2011 Inv.105520170 07/31/2011 Inv.105552950 08/04/2011 Check 119664 Date Paid:08/25/2011 Inv.39300 08/15/2011 Check 119665 Date Paid:08/25/2011 Inv.00169583 08/01/2011 Airgas North Central Amount: $1,362.02 PD 15 Oxygen $97.91 PD 20 oxygen tank toggle valves $1,264.11 Allegra Print & Imaging Amount: $262.91 1,200 Sery order/meter replacement forms $262.91 American Fastener Misc Hardware Check 119666 Date Paid:08/25/2011 American Planning Assoc. Inv. 0081861151 06/17/2011 1011/9.30.12 OAS & Zoning Practice Inv. 0868581151 06/17/2011 10.11/9.30.12 Darling Membership Check 119667 Date Paid:08/25/2011 Inv.1193207 03/21/2011 Inv.1194146 05/28/2011 Inv.1194537 06/03/2011 Check 119668 Date Paid:08/25/2011 Inv. 11036 08/19/2011 Check 119669 Date Paid:08/25/2011 Inv.137458 08/24/2011 American Red Cross Assoc. 2.26/3.12.11 Babysitting training 2.22.11 CPR/AED for lifeguards 4.16.11 Babysitter training Arrowhead Environmental Consulting 8.3.11 Proj11019 Wetland Review Aurora Loan Services LLC 4231 Goldenrod Ln N Water acct 137458 refund/Mehalovich Check 119670 Date Paid:08/25/2011 Back 2 Basics Learning LLC Inv. Summer1145 08/04/2011 8.1/8.4.11 Fashionista Art Camp Inv. Summer1149 06/30/2011 8.15/8.18.11 Wiggle,Giggle,Paint art camp Check 119671 Date Paid:08/25/2011 Inv. 110810 08/10/2011 Check 119672 Date Paid:08/25/2011 Page 1 of 24 Baldy Sanitation Inc Aug'11 Fire 123 Rubbish Removal Barton Sand & Gravel Co Amount: $32.11 32.11 Amount: $1,410.00 935.00 475.00 Amount: $227.00 132.00 56.00 39.00 Amount: $227.50 227.50 Amount: $191.08 191.08 Amount: $3,379.00 1,853.00 1,526.00 Amount: $292.87 292.87 Amount: $11,898.73 Page 10 9/6/2011 Inv. 110815 08/15/2011 8.5/8.15.11 812.19ton Class 5 Recycle $11,898.73 Check 119673 Date Paid:08/25/2011 Inv. WO7089821 08/02/2011 Inv. W070941 11 08/03/2011 Inv. WO7095991 08/04/2011 Inv. WO7104951 08/05/2011 Bertelson Total Office Solutions CD -2 Fastners Rolls for Laminating Machine Envelopes,ship labels,tabs,badge straps,file fldrs,bdg hldr 4 BX Easy Peel Laser Address Labels Check 119674 Date Paid: 08/25/2011 Robert Bjorklund Inv. 00002770 08/03/2011 Evaluation of Accountant position Check 119675 Date Paid:08/25/2011 Bohland Development Inc Inv. 2006046 08/18/2011 Refund admin permit fee for 2006046 temp real estate office Check 119676 Date Paid:08/25/2011 Boyer Trucks Inv. 99240R 08/04/2011 2 Long Strok & 2 Slack Adj Check 119677 Date Paid:08/25/2011 Brian Skavnak Golf Academy Inv. 110708 07/08/2011 May'11 Golf lessons Inv. 110716 07/16/2011 Jun'11 Golf lessons/camp Inv. 110808 08/08/2011 July golf lessons/camp Check 119678 Date Paid:08/25/2011 C S McCrossan Construction Inc Inv. 9005MB 07/30/2011 7.29.11 20.04 ton RAP Inv. 9022MB 08/05/2011 8.3/8.4.11 16.50tn RAP,LV3 Check 119679 Date Paid:08/25/2011 Inv.259202 08/03/2011 Check 119680 Date Paid:0812512011 Inv. 110731 07/31/2011 Check 119681 Date Paid:08/25/2011 Inv. ZFC3688 08/02/2011 Inv. ZFM0087 08/03/2011 Check 119682 Date Paid:08/25/2011 Inv. 80000147373081 08/09/2011 Cadd/Engineering Supply Inc Public Works plotter paper 36"X300' Campbell Knutson Prof Assoc Jul'11 Attorney Services CDW Government Inc Belkin 25FT VGA/SVGA 4/3.5MM Audio APC UPS Network Management Card 2 CenterPoint Energy 6.21/7.31.11 Natural Gas Check 119683 Date Paid:08/25/2011 CenterPoint Energy Inv. 201103922 08/24/2011 17530 10th Ave N Mech Permit 201103922 refund Check 119684 Date Paid:08/25/2011 City of Maple Grove Inv. 12836 06/08/2011 May'11 Dog Impounds Inv. 12985 08/04/2011 Jul'11 Dog Impounds Check 119685 Date Paid:08/25/2011 Inv. 02181030811 08/07/2011 Inv. 02536960711 07/13/2011 Inv. 06832230811 08/08/2011 Inv. 07578370811 08/07/2011 Inv. 07578450811 08/07/2011 Check 119686 Date Paid:08/25/2011 Inv. 110815 08/15/2011 Comcast 8.16/9.15.11 CC digital box 7.22/8.21.11 IC digital box 8.18/9.17.11 CC/PS Wireless 8.17/9.16.11 PS/CC digital box 8.17/9.16.11 PCC digital box Commercial Asphalt Co. 8.5/8.15.11 16.15ton 42A Wear Check 119687 Date Paid:08/25/2011 Richard D Crandall Inv. 198043 08/24/2011 2145 Queensland Ln N Water acct 198043 refund Page 1 of 24 Amount: $757.03 8.96 98.31 479.32 170.44 Amount: $125.00 125.00 Amount: $50.00 50.00 Amount: $274.05 274.05 Amount: $6,350.00 2,800.00 2,365.00 1,185.00 Amount: 1,590.83 888.85 701.98 Amount: 122.75 122.75 Amount: 37,876.09 37,876.09 Amount: 440.54 36.24 404.30 Amount: 7,151.55 7,151.55 Amount: 49.60 49.60 Amount: $3,276.00 1,344.00 1,932.00 Amount: $319.64 29.38 15.82 199.90 51.95 22.59 Amount: $718.22 718.22 Amount: $61.44 61.44 Page 11 9/6/2011 Check 119688 Date Paid:08/25/2011 Amy T & Bryan D Crane Amount: $68.13 Inv. 24222088 08/23/2011 13210 57th Ave N Water acct 24222088 refund $68.13 Check 119689 Date Paid:08/25/2011 Curb Masters Inc Amount: $3,451.84 Inv. 110730 07/30/2011 # 2/Final Zachary Park Hockey Rink concrete $3,451.84 Check 119690 Date Paid:08125/2011 Dakota Supply Group Inc Amount: $1,625.60 Inv. 6979820 08/04/2011 32 3/4".7-1/2" setter,7 3/4"x9" setter, 1 2" $1,625.60 flange set/resale Check 119691 Date Paid:08/25/2011 Dalbec Roofing Inc Amount: $735.04 Inv. 50351 08/15/2011 8.5.11 repair roof leaks in Public Safety & City $735.04 Hall Check 119692 Date Paid:08/25/2011 Dalco Inv. 2357715 07/29/2011 PCC-10CS of Towels & 2 CS Toilet Tissue Inv. 5K52D00 08/01/2011 Janitorial Supplies Check 119693 Date Paid:08/25/2011 Inv.00074835 08/02/2011 Check 119694 Date Paid:08/25/2011 Inv. 119412 08/24/2011 Data Recognition Corporation Jul'11 UB processing Deutsche Bank Natl Trust Co 5225 Balsam Ln N Water acct 119412 refund Amount: $2,356.47 691.70 1,664.77 Amount: $1,692.13 1,692.13 Amount: $67.13 67.13 Check 119695 Date Paid: 08/25/2011 Ehlers & Associates Inc Amount: $4,417.50 Inv. 343292 08/10/2011 7.7/7.21.11 TIF 1-3 Modiications 617.50 Inv. 343293 08/10/2011 7.8/7.21.11 TIF 1-3 2011 Oppidan Proposal 427.50 Inv. 343294 08/10/2011 7.5.11 TIF Administration 142.50 Inv. 343295 08/10/2011 7.5/7.27.11 TIF Reports 3,230.00 Check 119696 Date Paid:08/25/2011 Electrical Installation & Mnt Amount: $5,604.42 Inv. 00117731N 07/26/2011 Signal repairs/storm damage 5,604.42 Check 119697 Date Paid:08/25/2011 Inv. QQ3673 08/03/2011 Check 119698 Date Paid:08/25/2011 Inv.252426 08/24/2011 ESS Brothers & Sons Inc 75 307x1-1/2" Ductile adj ring Estate Of Harold Swanson 5130 Upland Ln N Water acct 252426 refund Check 119699 Date Paid:08/25/2011 Factory Motor Parts Co Inv. 61256873 08/03/2011 Element Assembly for Air Cleaner Inv. 70064173 08/03/2011 CP TF283 T. FIL P.P. 72 Check 119700 Date Paid:08/25/2011 Inv. 12554 08/01/2011 Check 119701 Date Paid:08/25/2011 Inv.122464 08/24/2011 Fast Water Promotions LLC Var safety equipment for beaches Federal National Mtg Assoc 4926 Arrowood Ln N Water acct 122464 refund/Namgyal Check 119702 Date Paid:08/25/2011 Ferguson Enterprises Inc Inv. 1002081 08/05/2011 5 1.25 Galvanized Steel Inv. S01317198001 08/01/2011 12 Nuts and Bolts Inv. S01318907001 08/01/2011 2 Hydrants Check 119703 Date Paid:08/25/2011 Inv.0060576IN 08/01/2011 Inv.0060632IN 08/15/2011 Fidelity Building Services Inc Lunchroom floor stripped/waxed Extra restroom cleaning/lockers/showers Check 119704 Date Paid:08/25/2011 First Student Inc Inv. 99209754 08/03/2011 7.29.11 Water Park of America trip Inv. 99209756 08/05/2011 8.5.11 Valleyfair trip Page 1 of 24 Amount: 8,336.25 8,336.25 Amount: 84.00 84.00 Amount: 47.45 14.36 33.09 Amount: 848.30 848.30 Amount: $157.76 157.76 Amount: $5,064.38 16.68 265.86 4,781.84 Amount: $1,989.48 1,053.25 936.23 Amount: $862.00 416.50 445.50 Page 12 9/6/2011 Check 119705 Date Paid:08/25/2011 G&K Services Inc Amount: $440.92 Inv. 1006293786 08/05/2011 PW Uniforms $355.17 Inv. 1006295821 08/08/2011 8.8.11 Rug Service $85.75 Check 119706 Date Paid:08/25/2011 Henri L Germain & Kristin L Carlson-GermainAmount: $10.63 Inv. 161664 08/24/2011 3160 Olive Ln N Water account 161664 refund $10.63 Check 119707 Date Paid:08/25/2011 Glass Doctor Inv. 120722 08/05/2011 PCC -Replace window Check 119708 Date Paid:08/25/2011 Global Knowledge Training LLC Inv. 21140508 08/12/2011 Sally Jones Windows 2008 server training Inv. 21140509 08/12/2011 Amy Mattson Windows 2008 server training Check 119709 Date Paid:08/25/2011 Gopher State One -Call, Inc. Inv. 16455 08/01/2011 Jul'11 1,236 SW/UT Locates Check 119710 Date Paid:08/2512011 Grainger Inv. 9598820679 08/01/2011 2 6V Batteries Inv. 9602415292 08/04/2011 5 6V Batteries Inv. 9602803281 08/05/2011 Eyewear Safety Mirror Check 119711 Date Paid:08/25/2011 Inv.147090 08/24/2011 Check 119712 Date Paid:08/25/2011 Inv. 110817 08/17/2011 Paul Gregoire 14910 43rd Ave N Water acct 147090 refund Hardrives Inc Proj11010 #1 Lancaster Lane Mill/Overlay Amount: $662.89 662.89 Amount: $2,595.00 1,297.50 1,297.50 Amount: $1,886.75 1,886.75 Amount: $104.84 26.81 67.01 11.02 Amount: $60.91 60.91 Amount: $272,238.94 272,238.94 Check 119713 Date Paid: 08/25/2011 Hawk Performance Specialties Amount: 2,672.94 Inv. 1658 06/28/2011 6.28.11 Rink B Machine repair new battery cell 675.98 and labor Inv. 1737 08/03/2011 Rink A lumin Ice Pro 13 501b bags & paint ice 1,996.96 sheet white Check 119714 Date Paid:08/25/2011 Hawkins Water Treatment Amount: 19,603.36 Inv. 3251841 RI 08/05/2011 CWP 12880# Sodium Permanganate 19,603.36 Check 119715 Date Paid:08/25/2011 Suzanne Henne Amount: 19.30 Inv. 122443 08/24/2011 4919 Arrowood Ln N Water acct 122443 refund 19.30 Check 119716 Date Paid:08/25/2011 Hennepin Co Info Tech Dept Amount: 6,727.60 Inv. 110738042 07/31/2011 JUl'11 Fire Radio lease 2,148.44 Inv. 110738043 07/31/2011 Jul'11 PD MDC's/Radio lease 4,098.85 Inv. 110738099 07/31/2011 Jul'11 PW Radio lease 320.00 Inv. 110762019 07/31/2011 Jul'11 Technical support 160.31 Check 119717 Date Paid: 08/25/2011 Hennepin County Treasurer Inv. 921101107 08/01/2011 Jul'11 Record EASE Check 119718 Date Paid:08/25/2011 Hennepin County Treasurer Inv. 1000006326 07/31/2011 Jul'11 9.62ton Solid Waste Hauling Check 119719 Date Paid:08/25/2011 Hirshfield's Paint Mfg Inc Inv. 091537 08/03/2011 144 5gl White field marking paint Inv. 91168 06/29/2011 96 5gl White field marking paint Check 119720 Date Paid:08/25/2011 Inv. 216075 08/24/2011 Check 119721 Date Paid:08/25/2011 Inv.0110273 08/05/2011 Mary Hoff 13724 Sunset Trl Water account 216075 refund Hoisington Koegler Group Inc Jul'11 Four Seasons Mall Redev Amount: $61.00 61.00 Amount: $569.28 569.28 Amount: $6,348.38 3,809.03 2,539.35 Amount: $198.76 198.76 Amount: $5,898.50 5,898.50 Page 13 Page 1 of 24 9/6/2011 Check 119722 Date Paid:08/25/2011 Household Industrial Finance Amount: 57.90 Inv. 164667 08/24/2011 2825 Xanthus Ln N Water acct 164667 refund 57.90 Check 119723 Date Paid:08/25/2011 HSBC Mortgage Services Inc Amount: 50.14 Inv. 201417 08/24/2011 1205 Peony Ln N Water acct 201417 50.14 Check 119739 Date Paid:08/25/2011 refund/Trebil Amount: 143.33 Check 119724 Date Paid:08/25/2011 HSBC Mortgage Services Inc Amount: 40.39 Inv. 145809 08/24/2011 4076 Quantico Ln N Water acct 145809 40.39 40.00 Inv. 110912 08/24/2011 refund/Beaufield 40.00 Check 119725 Date Paid:08/25/2011 Image Trend Inc Amount: 195.00 Inv. 18502 08/01/2011 Aug'11 HireTouch 195.00 Check 119726 Date Paid:08/25/2011 Independent School District 284 Amount: 238.00 Inv. 24034 07/01/2011 Jul'11 Bldg Use 238.00 Check 119727 Date Paid:08/25/2011 Instrumental Research Inc Amount: 688.00 Inv. 6456 08/02/2011 Jul'11 Water Testing 688.00 Check 119728 Date Paid:08/25/2011 John Deere Landscapes Inc Amount: 15.18 Inv. 58911374 08/12/2011 100 1 inch crimp clamps 15.18 Check 119729 Date Paid: 08/25/2011 Killmer Electric Company Inc Amount: 254,847.00 Inv. 110815 08/15/2011 5 Athletic Field Relighting 254,847.00 Check 119730 Date Paid:08/25/2011 Klein Underground LLC Amount: 3,915.00 Inv. 56378 08/04/2011 2955 Pilgrim Ln concrete curg/gutter rplcmnt 800.00 Inv. 56380 08/04/2011 3695 Hwy 101 Concrete curb/gutter rplcmnt 1,435.00 Inv. 56382 08/04/2011 18915 26th Ave N concrete curb/gutter rplcmnt 740.00 Inv. 56383 08/04/2011 3835 Harbor Lane curb/gutter replcmnt 940.00 Check 119731 Date Paid:08/25/2011 Kriss Premium Products Inc Amount: 448.88 Inv. 118065 08/01/2011 Aug'11 IC Chemical treatment 448.88 Check 119732 Date Paid:08/25/2011 Lake Country Corporation Amount: 4,786.10 Inv. 0130771 IN 08/01/2011 20 various beach signage 4,786.10 Check 119733 Date Paid:08/25/2011 Logis Inv. 33926 07/31/2011 Jul"11 GIS/Internet Inv. 33972 07/31/2011 6.12/7.9.11 Work orders Check 119734 Date Paid:08/25/2011 Inv. 193318 08/24/2011 Check 119735 Date Paid:08/25/2011 Inv.22732 08/01/2011 Check 119736 Date Paid:08/25/2011 Inv. 134100 08/02/2011 Lois H Lyman 1545 Fountain Ln Water account 193318 refund Lyndale Plant Services Aug'11 Plant care/lease Metro Athletic Supply Inc 3 24inch step down wood pitching Amount: $4,643.00 4,403.00 240.00 Amount: $13.56 13.56 Amount: $165.11 165.11 Amount: $176.18 176.18 Check 119737 Date Paid: 08/25/2011 Metro Garage Door Co. Amount: 471.08 Inv. 202061 07/08/2011 FS3 Repair beam sensor 471.08 Check 119738 Date Paid:08/25/2011 Metropolitan Council Amount: 50,777.10 Inv. 110731 07/31/2011 Jul'11 Service Availability Charge Report/SAC 50,777.10 Check 119739 Date Paid:08/25/2011 Minnesota Elevator Inc Amount: 143.33 Inv. 218990 08/02/2011 Jul-Aug'11 ZWP Elev Maint 143.33 Check 119740 Date Paid:08/25/2011 Minnesota Safety Council, Inc Amount: 40.00 Inv. 110912 08/24/2011 Sara Cwayna Registr "Childhood Injury 40.00 summit" Page 14 Page 1 of 24 9/6/2011 Check 119741 Date Paid:08/25/2011 Mister Car Wash Amount: $527.51 Inv. 2537 08/15/2011 100 Car wash tickets for city fleet $527.51 Check 119742 Date Paid:08/25/2011 Darren W Moose SR Amount: $76.82 Inv. 139999 08/22/2011 3750 Evergreen Ln Water acct 139999 refund $76.82 Check 119743 Date Paid:08/25/2011 Robert Nesbitt Inv. 5109P 08/12/2011 8.1/8.12.11 MN Joint Analysis Check 119744 Date Paid:08/25/2011 Inv. 5940 08/08/2011 Northern Technologies Inc Proj11002 7.3/7.30.11 Annapolis Ln str reconstr Amount: $1,748.00 1,748.00 Amount: $3,227.50 3,227.50 Check 119745 Date Paid: 08/25/2011 Office Depot Amount: 243.12 Inv. 572954284001 07/28/2011 PCC -2 BX AA Battery, 1 Paper Clip Dispenser 20.96 Inv. 573424218001 08/02/2011 CD -2 BX Self Adhesive Fastener 11.71 Inv. 573472661001 08/02/2011 PIC -2 PK Kingsize Markers 8.29 Inv. 573696617001 08/03/2011 FIN -2 DZ Perforated Note Pads, 1 Note Pad 54.14 Inv. 574135118001 08/18/2011 PW -Letter Holder,3-8GB USB Drive,2PK 1/2 148.02 BK Tape Check 119746 Date Paid:08/25/2011 Office of Enterprise Technolog Amount: 90.00 Inv. DV11070402 08/04/2011 Jul'11 Wide Area Access 90.00 Check 119747 Date Paid:08/25/2011 On Site Sanitation Amount: 154.97 Inv. A428805 08/04/2011 8.2/8.3.11 Night to Unite 154.97 Check 119748 Date Paid:08/25/2011 OnTrac Amount: 63.82 Inv. 8409511 08/15/2011 8.1/8.15.11 Attorney courier 63.82 Check 119749 Date Paid:08/25/2011 Orion Archery Club Amount: 1,120.00 Inv. 1113 08/15/2011 8.15/8.18.11 Archery Camp 1,120.00 Check 119750 Date Paid:08/25/2011 Overhead Door Co of the Northland Amount: 269.45 Inv. 70159 07/13/2011 Repair Evidence RM Door 269.45 Check 119751 Date Paid:08/25/2011 Owens Companies Inc Amount: 5,313.84 Inv. 41516 07/19/2011 FS3 HVAC 2 blew fuse 271.00 Inv. 41641 07/26/2011 CC Multizone rooftop unit noisey/fan motor bad 2,568.24 bearings Inv. 41991 08/10/2011 PS -repair bad starter contacts with Boiler 884.60 Pump #2 Inv. 42012 08/10/2011 PS -lowered duct set point so fans run slower. 327.00 Inv. 42038 08/11/2011 PW-ck and repair operation of rooftop unit. 215.00 Inv. 42083 08/17/2011 CC Investigated Gylcol leak & replaced two 1,048.00 reheat valves Check 119752 Date Paid:08/25/2011 Perkins Landscape Contractors Inc Inv. 128 08/22/2011 7.28/8.19.11 Ballfield grading Check 119753 Date Paid:08/25/2011 Inv.24110976 08/24/2011 Check 119754 Date Paid:08/25/2011 Inv. 110730 07/30/2011 Check 119755 Date Paid:08/25/2011 Inv. 110814 08/24/2011 Check 119756 Date Paid:08/25/2011 Inv. 19885 08/04/2011 Gary Peterson 13890 52nd Ave N Water acct 24110976 refund Plymouth Automotive Inc. 7.30.11 95' Lexus tow/storage Prairie Fire Theatre 8.14.11 Bal owed Aladdin Precision Auto Upholstery Inc E-21 #34 replace section of seat Amount: $3,250.00 3,250.00 Amount: $73.91 73.91 Amount: $176.19 176.19 Amount: $1,840.00 1,840.00 Amount: $185.69 185.69 Page 15 Page 1 of 24 9/6/2011 Check 119757 Date Paid:08/25/2011 Printers Service Inc Amount: 36.00 Inv. 254885 08/03/2011 PIC -2 -77 in Ice Knife Sharpening 36.00 Check 119758 Date Paid:08/25/2011 Arif & Naghma Quraishi Amount: 230.87 Inv. 252293 08/24/2011 16670 32nd Ave N Water acct 252293 refund 230.87 Check 119759 Date Paid:08/25/2011 Randy's Sanitation Inc Amount: 916.47 Inv. 141320711 07/19/2011 Jul'11 PW/PM Rubbish Removal 366.42 Inv. 141570711 07/19/2011 Jul'11 CC Rubbish Removal 550.05 Check 119760 Date Paid:08/25/2011 Reinders Inc Amount: 634.98 Inv. 301058400 08/04/2011 2gl Embark, 2 1gl Podium Maxx Herbicides 634.98 Check 119761 Date Paid:08/25/2011 Reliakor Services Inc Amount: 30,804.47 Inv. 110816 08/16/2011 Proj11024 #2 2011 Street Sweeping 30,804.47 Check 119762 Date Paid:08/25/2011 Root -O -Matic Amount: 305.00 Inv. 6706M 07/26/2011 CC 6 month drain maintenance 305.00 Check 119763 Date Paid:08/25/2011 Safe Kids NW Metro Minneapolis Amount: 3,914.20 Inv. 110221 02/21/2011 2.21.11 180 Std,120 Multisport,50 TruFit bike 3,914.20 helmets/resale Check 119764 Date Paid:08/25/2011 SCC Funding I LLC Inv. 250193 08/24/2011 5185 Upland Ct N Water acct 250193 refund Check 119765 Date Paid:08/25/2011 Science Explorers Inv. 2353 08/22/2011 8.15/8.18.11 Crazy Chemistry/Mechanics of Gizmos&Gadgets Check 119766 Date Paid:08/25/2011 Inv. B1133846 08/02/2011 Check 119767 Date Paid:08/25/2011 Inv. 232168 08/24/2011 Check 119768 Date Paid:08/25/2011 Inv.9004170845 08/24/2011 Check 119769 Date Paid:08/25/2011 Inv. 00333861N 08/02/2011 SECAP 2 Packets of mailing tapes for postage Amount: $251.02 251.02 Amount: $1,296.00 1,296.00 Amount: $29.95 29.95 Debra L Smith Amount: $47.09 886 Trenton Ln N Water acct 232168 refund $47.09 Society of Human Resources Management/SHRM Amount:$180.00 11.1.11/10.31.12 Moreen Membership $180.00 Sport Systems Unlimited IC Ad Panel Check 119770 Date Paid: 08/25/2011 Sprint Inv. 568612126106 08/18/2011 7.15/8.14.11 160 Cell phones Inv. 812568813045 08/18/2011 7.15/8.14.11 PD MDC's Check 119771 Date Paid:08/25/2011 Inv. 07183006 07/31/2011 Inv. 07445004 07/31/2011 Check 119772 Date Paid:08/25/2011 Inv. 16968 08/02/2011 Check 119773 Date Paid:08/25/2011 Inv.0062320 07/15/2011 Check 119774 Date Paid:08/25/2011 Inv. 129961 08/24/2011 Check 119775 Date Paid:08/25/2011 Inv. 281151 08/15/2011 Check 119776 Date Paid:08/25/2011 Inv.1330807 08/04/2011 SRF Consulting Group, Inc. Proj10017 7.3 1.11 Parker Lk storm sewer LS upgrades 7.31.11 Plymouth Dog park St Croix Recreation Company Inc 1 Memorial bench for Imperial Hills park Amount: $112.22 112.22 Amount: $5,131.32 3,831.32 1,300.00 Amount: $16,403.13 11,007.59 5,395.54 Amount: $1,132.88 1,132.88 St Paul Linoleum & Carpet Co Amount: $1,469.00 FS2 VCT replacement $1,469.00 Anne E & Michael G Stern Amount: $12.15 4755 Yorktown Ln N Water acct 129961 refund $12.15 Street Fleet Amount: $13.58 8.4.11 Walser Chrys parts courier $13.58 Sun Newspapers Amount: $306.02 Rezoning Publication for Rational Energies HC $48.62 Page 16 Page 1 of 24 9/6/2011 INC 2011056 Inv. 1330808 08/04/2011 Publish Conditional Use permit Globe Educ Network 2011050 Inv. 1330810 08/04/2011 Easements within NW 1/4 & SW 1/4 Sec 8-118-22 Inv. 1330811 08/04/2011 Publish Vac drainage & utility easement Heritage Estates 2nd Check 119777 Date Paid:08/25/2011 Patricia Sutherland Inv. 209229 08/24/2011 30 Jewel Ln N Water acct 209229 refund Check 119778 Date Paid:08/25/2011 Swank Motion Pictures Inv. RG1588352 07/20/2011 7.27.11 Field of Dreams Check 119779 Date Paid:08125/2011 Jessica J & Andrew Z Swart Inv. 238398 08/24/2011 13950 52nd Ave N Water acct 238398 refund Check 119780 Date Paid:08/25/2011 Inv. 081911 08/19/2011 Check 119781 Date Paid:08/25/2011 Inv.11TF0669 05/02/2011 Check 119782 Date Paid:08/25/2011 Inv.948476 08/01/2011 Sword Play 7.13/8.17.11 Fencing lessons Taho Sportswear Inc 2nd 1/2 bal owed for Fall Soccer Shirts ThyssenKrupp Elevator Aug'11 PS Elevator Service Check 119783 Date Paid:08/25/2011 Toll Company Inv. 359758 08/02/2011 Helium Tanks for Night to Unite Inv. 360008 08/03/2011 Helium tanks for Night to Unite Inv. 360354 08/05/2011 Acetylene for portable torch Check 119784 Date Paid:08/25/2011 Inv. 1605 08/24/2011 Check 119785 Date Paid:08/25/2011 Inv. 919509 07/28/2011 Check 119786 Date Paid:08/25/2011 Inv. RMR780696 08/01/2011 Inv. RMR780697 08/01/2011 Inv. RMR780698 08/01/2011 Inv. RMR780701 08/01/2011 Inv. RMR780702 08/01/2011 Inv. RS090623 07/27/2011 Inv. SV113951 07/22/2011 Top Notch Exteriors Inc 16005 22nd Ave Rehab loan payment Town & Country Fence Inc. Plymouth Creek plyflds #2 fencing Trans -Alarm Inc Aug-Oct'11 FS3 Sprnklr sys monitoring Aug-Oct'11 FS1 Sprnklr syst monitor Aug-Oct'11 FS2 sprnklr syst monitoring Aug-Oct'11 CWP fire sprnklr monitor Aug'Oct'11 ZWP fire sprnklr monitor FS 2 telephone line trouble FS2 phone line dead Check 119787 Date Paid:08/25/2011 Tree Trust Inv. 110630 06/30/2011 Proj8128 # 3/Final Plym Crk Stream Bank Rehab Check 119788 Date Paid:08125/2011 Trugreen Inv. 661380311 08/03/2011 7.7/7.16.11 13 Parks fertilized/weed control Check 119789 Date Paid:08/25/2011 Twinwest Chamber of Commerce Inv. 76428 07/26/2011 Portner/legislative breakfast series Check 119790 Date Paid:08/25/2011 Inv.86080 08/04/2011 Check 119791 Date Paid:08/2512011 Inv.24247674 08/24/2011 Check 119792 Date Paid:08/25/2011 Page 1 of 24 Uniforms Unlimited Inc. Scott Kroeger armor vest US Bank 9929 36th PI N Water acct 24247674 refund Valley Rich Co Inc 80.08 140.14 37.18 Amount: 46.90 46.90 Amount: 182.76 182.76 Amount: 78.39 78.39 Amount: 1,500.00 1,500.00 Amount: 2,975.94 2,975.94 Amount: 179.13 179.13 Amount: $621.94 222.48 368.16 31.30 Amount: $15,080.00 15,080.00 Amount: $3,075.00 3,075.00 Amount: $1,711.29 263.61 263.61 263.61 318.25 345.21 104.00 153.00 Amount: $5,512.35 5,512.35 Amount: $11,990.24 11,990.24 Amount: $255.00 255.00 Amount: $742.99 742.99 Amount: $57.33 57.33 Amount: $7,891.40 Page 17 9/6/2011 Inv. 16844 07/07/2011 23rd Ave/Fernbrook water main bread repair 2,494.00 Inv. 16873 07/18/2011 18700 32nd Ave N Water main break repair 3,151.40 Inv. 16878 07/25/2011 23rd/Fernbrook TWO water main break repairs 2,246.00 Check 119793 Date Paid:08125/2011 Inv. 104838 08/01/2011 Check 119794 Date Paid:08/25/2011 Inv. 226754 08/01/2011 Inv.226987 08/04/2011 Check 119795 Date Paid:08/25/2011 Inv.6069933 08/01/2011 Check 119796 Date Paid:08125/2011 Inv.180046 08/24/2011 Check 119797 Date Paid:08/25/2011 Inv.183763 08/24/2011 Check 119798 Date Paid:08/25/2011 Inv.017091503 08/17/2011 Viking Trophies Amount: $136.69 5x10 Holly Bronze cast plaque $136.69 Village Chevrolet Co. Amount: $107.66 Right Arm/WDO & Blade PFD Repaired Unit $53.46 37 Unit 363 Sensor $54.20 Waste Management Services Amount: $24,067.29 Jul'11 Curbside/Dropoff Recycle less passback $24,067.29 Wells Fargo Home Mortgage Amount: $55.27 2630 Medicine Ridge Rd Water acct 180046 $55.27 refund Lynn & James W Wing 12430 24th Ave N Water account 183763 refund WSB & Associates 7.1/7.31.11 GW Land Dev Plat Check 119799 Date Paid:08/25/2011 Xcel Energy Inv. 51465207540811 08/02/2011 5.2/6.1.11 Well 15 credit Inv. 51465207540811 A 08/15/2011 65,297.54 Inv. 51662037520811 08/04/2011 6.20/7.20.11 Brockton HOA Check 119800 Date Paid:08125/2011 Yocum Oil Company Inc Inv. 447935 08/04/2011 3001gl Diesel fuel Inv. 447937 08/04/2011 5505gl Unleaded Fuel Check 119801 Date Paid:08/25/2011 Inv. 110825 08/24/2011 Check 119802 Date Paid:08/25/2011 Inv. 1149 08/24/2011 Check 119803 Date Paid:08/25/2011 Inv. 082311 08/24/2011 Check 119804 Date Paid:08/25/2011 Inv. 110818 08/24/2011 Check 119805 Date Paid:08/25/2011 Inv. 110808 08/08/2011 Check 119806 Date Paid:08/25/2011 Inv. Import - 1190 08/24/2011 Check 119807 Date Paid:08/25/2011 Inv. Import - 1186 08/24/2011 Check 119808 Date Paid:08/25/2011 Inv. Import - 1189 08/24/2011 Check 119809 Date Paid:08/25/2011 Inv. Import - 1184 08/24/2011 BCA 10 FF BCA&FBI criminal history backgrounds Bunker Park Stables Inc 8.26.11 Horseback riding teen trip Melody Gilbert 8.31.11 Farmers Market performance Jan Olsson 8.10/8.18.11 Jul HAM mtg/registr "PACE" course Arnie Rasmusson Streichers/Reimb batteries Bentson, Gordon Park and Rec Refund Grimsby, Maribeth Park and Rec Refund Hanson, Elizabeth (Bette) Park and Rec Refund Horvath, Debbie Park and Rec Refund Amount: $114.07 114.07 Amount: $347.83 347.83 Amount: $64,591.46 745.21) 6.17/8.1.11 WTP's&AII wells except 6 39.13 Amount: $23,432.66 8,400.70 15,031.96 Amount: $392.50 392.50 Amount: $171.92 171.92 Amount: $60.00 60.00 Amount: $186.00 186.00 Amount: $26.81 26.81 Amount: $10.00 10.00 Amount: $300.00 300.00 Amount: $68.00 68.00 Amount: $300.00 300.00 Page 18 Page 1 of 24 9/6/2011 Check 119810 Date Paid:08/25/2011 Ingeman, Kristina Amount: 300.00 Inv. Import - 1185 08/24/2011 Park and Rec Refund 300.00 HP Laptop & 2 GB Pin Check 119811 Date Paid:08/25/2011 Schultz, Patricia Amount: 15.00 Inv. Import - 1187 08/24/2011 Park and Rec Refund 15.00 Check 119812 Date Paid:08/25/2011 Trillium Woods Amount: 200.00 Inv. Import - 1188 08/24/2011 Park and Rec Refund 200.00 Check 119813 Date Paid:09/01/2011 Ace Lock & Safe Co Inc Amount: 148.90 Inv. A87742 08/16/2011 PW -12 Padlocks Keyed to Code 148.90 Check 119814 Date Paid:09/01/2011 Action Fleet Inc Amount: 3,904.79 Inv. 6808 08/18/2011 Unit 1015 Squad set up 3,904.79 Check 119815 Date Paid:09/01/2011 Peter D Adams Amount: 54.72 Inv. 248380 08/29/2011 15311 60th Ave N Water acct 248380 refund 54.72 Check 119816 Date Paid:09/01/2011 AI's Coffee Company Amount: 422.35 Inv. 107019 08/12/2011 IC Concession coffee resupply 422.35 Check 119817 Date Paid:09/01/2011 Anchor Paper Company Amount: 1,111.55 Inv. 102345200 08/15/2011 various colored paper/Red for Police 1,111.55 Check 119818 Date Paid:09/01/2011 Aurora Loan Services LLC Amount: 261.16 Inv. 203335 08/29/2011 18725 4th PI N Water acct 203335 261.16 refund/ldema Check 119819 Date Paid:09/01/2011 Barr Engineering Co. Amount: 1,262.00 Inv. 23271161005 08/24/2011 7.16/8.12.11 Athletic field lighting replcmng 1,262.00 Check 119820 Date Paid:09/01/2011 Becker Arena Products Inc Amount: 74,276.06 Inv. 110731 07/31/2011 1/Final Zachary Hockey Rink -Boards 74,276.06 Check 119821 Date Paid:09/01/2011 Wesley Bendickson Amount: 3,203.13 Inv. 110718A 07/18/2011 2 Trees installed for 2010 Street Recon 1,600.00 Inv. 110816 08/16/2011 300yd Sand 1,603.13 Check 119822 Date Paid:09/01/2011 Michael c & Lori A Bergeron Amount: 25.17 Inv. 247897 08/29/2011 16708 50th Ct N Water acct 247897 refund 25.17 Check 119823 Date Paid:09/01/2011 Bertelson Total Office Solutions Amount: 359.34 Inv. WO7107601 08/08/2011 CD -100 CD -R Discs 18.16 Inv. WO7107661 08/08/2011 PD 25 framed view binder 293.64 Inv. WO7112201 08/10/2011 ADM -2 1/3/4 Tabs,60 Burgundy Covers,2PK 47.54 3 -Ring Binders Check 119824 Date Paid:09/01/2011 C S McCrossan Construction Inc Inv. 9037MB 08/10/2011 8.9/8.10.11 6.72ton Fines Mix,RAP Inv. 9048MB 08/12/2011 8.11/8.12.11 6.28ton RAP Check 119825 Date Paid:09/01/2011 CDW Government Inc Inv. ZGH7182 08/08/2011 Gefen VGA Femanle Adapter Inv. ZGV5476 08/09/2011 C-2 MDC computer Inv. ZHH4331 08/11/2011 HP Laptop & 2 GB Pin Inv. ZHM9253 08/12/2011 1 Lind DC power 120W mountable Check 119826 Date Paid:09/01/2011 CenturyLink Inv.55097850811 08/16/2011 Aug'11550.9785 Inv.55188240811 08/16/2011 Aug'11551.8824 Check 119827 Date Paid:09/01/2011 Jason Jian-Shin Chen Inv. 2011052 08/25/2011 Refund of planning applic fees Page 1 of 24 Amount: $604.86 326.31 278.55 Amount: $5,568.20 9.05 4,801.97 597.94 159.24 Amount: $106.73 50.64 56.09 Amount: $200.00 200.00 Page 19 9/6/2011 Check 119828 Date Paid:09/01/2011 Coffee Mill Amount: 64.13 Inv. 07396721N 08/11/2011 Repair of Silex at Station 2 64.13 08/01/2011 Check 119829 Date Paid:09/01/2011 8,560.69 Comcast Amount: 72.54 Inv. 07140770811 08/16/2011 8.26/9.25.11 ZWP Wireless 72.54 216.05 Check 119830 Date Paid:09/01/2011 Commercial Refrigeration Syst Amount: 1,279.18 Inv. 39940 08/10/2011 IC 7.20.11 soft start 1,279.18 Check 119831 Date Paid:09/01/2011 Dakota Supply Group Inc Amount: 921.09 Inv. 6991783 08/10/2011 4 MDL70 gal rtr, 2 MDL120 gl RTR 921.09 Check 119832 Date Paid:09/01/2011 Sharon & Mark Dallman Amount: 100.00 Inv. 2011052 08/25/2011 Refun of planning applic fees 100.00 Check 119833 Date Paid:09/01/2011 Electrical Installation & Mnt Amount: 2,122.04 Inv. 00117931N 08/10/2011 Repair Gopher Ticket#112022319 110.00 Vicksburg@Schmit Lk Inv. 00117941N 08/10/2011 Signal Relamp-TH55@NW BLVD WB OH 247.84 Green LED Inv. 001 1795I 08/10/2011 Signal Relamp-TH55@Niagra EB OH Green 247.84 Inv. 00117971N 08/10/2011 Signal Relamp-TH55@CASAH 6 WB OH 297.84 Green LED Inv. 00117981N 08/10/2011 Signal RElamp-TH494@Carlson PKWY WB 322.84 OH Green LED Inv. 00117991N 08/10/2011 Signal Relamp-TH55@Vicksburg EB OH 322.84 GREEN LED Inv. 001 1800I 08/10/2011 Signal Relamp-TH55@CSAH 9 WB OH Green 322.84 Inv. 0011801 IN 08/10/2011 Signal Relamp-TH169@13th Ave SB OH Rd 250.00 bad wire Check 119834 Date Paid:09/01/2011 Evenflo Inv. IN1029346 08/10/2011 4 Titan Elite car seats/resale Check 119835 Date Paid:09/01/2011 Fahrner Asphalt Sealers LLC Inv. 17659 08/16/2011 2011 Slurry Seal Check 119836 Date Paid:09/01/2011 Fastenal Company Inv. MNPLY48704 08/05/2011 200-1.25 X Closes -40 BLK Check 119837 Date Paid:09/01/2011 Inv.7605549200 08/24/2011 Check 119838 Date Paid:09/01/2011 Inv. 119879 08/26/2011 Check 119839 Date Paid:09/01/2011 Inv. S01318586001 08/08/2011 Inv. S01321664001 08/11/2011 FedEx 8.9/8.18.11 Fire,Water courier Felling Trailers Unit 2008 DRings Ferguson Enterprises Inc 12 CPLG CTS Grips & 10 CPLG CTS PJ 10-24 Star VB Extension 60 Amount: $326.16 326.16 Amount: $85,764.40 85,764.40 Amount: $317.18 317.18 Amount: $116.51 116.51 Amount: $52.50 52.50 Amount: $920.63 387.96 532.67 Check 119840 Date Paid: 09/01/2011 Fidelity Building Services Inc Amount: $9,333.99 Inv. 0060412IN 07/25/2011 7.22.11 Rplc blower motor in auto scrubber 290.06 Inv. 0060459IN 08/01/2011 Aug'11 Janitorial 8,560.69 Inv. 0060460IN 08/01/2011 Aug'11 PD Sunday Janitorial 267.19 Inv. 0060570IN 08/01/2011 6cs Trash can liners 216.05 Check 119841 Date Paid:09/01/2011 Inv.1006304715 08/12/2011 Check 119842 Date Paid:09/01/2011 Inv. 152018 08/29/2011 G&K Services Inc Public Works Uniforms Daniel Gelfand & Kellie Gelfand Reiter 16215 44th Ave N Water acct 152018 Amount: $344.95 344.95 Amount: $23.78 23.78 Page 20 Page 1 of 24 9/6/2011 Check 119843 Date Paid:09/01/2011 Inv.9604656752 08/08/2011 Inv.9605427138 08/09/2011 Inv.9606271568 08/09/2011 Inv.9607430940 08/10/2011 Inv.9607808673 08/11/2011 Inv.9609109328 08/12/2011 Inv.9609109336 08/12/2011 Grainger Grease Gun 6 Red Marking Paint Digital moisture meter w/bargraph PIC -12 24X24X2 Pleated Air Filter 3-72 Count Scrubbing Wipes Dehumidifier half mask respirator & cartridge PK100 Check 119844 Date Paid:09101/2011 Grove Nursery Inc Inv. 509594 08/12/2011 2 Dicentra,6 Rhododen,6 Ligularia,10 Heuchera,Alchemilla, Hostas Check 119845 Date Paid:09/01/2011 Hawkins, Ash,Baptie & Co. LLP Inv. 168551 08/09/2011 Aug'11 Section 8 Acctg sery Check 119846 Date Paid:0910112011 HD Supply Waterworks LTD Inv. 3416625 08/08/2011 40 CB 1-1/4" Repair cplg Check 119847 Date Paid:09/01/2011 David Herzig Inv. 20118 06/10/2011 Kite Class Check 119848 Date Paid:09/01/2011 Hirshfield's Lathrop Paint Inv. 019009804 07/21/2011 Cr inv 019400810 Inv. 019400810 05/18/2011 See credit 019009804/not cities Inv. 033446377 08/09/2011 3gl Cetol 23 Plus Check 119849 Date Paid:09/01/2011 Inv.38445 08/22/2011 Check 119850 Date Paid:09/0112011 Inv.179220 08/29/2011 Check 119851 Date Paid:09/01/2011 Inv. 091106A 08/24/2011 Hotsy Equipment of MN Unit 785 /Replace pressure washer HSBC Bank USA N A 3416 Pilgrim Ln N Water acct 179220 refund Inland Real Estate Corporation R200905121 11.6.09 Financial Guar reduce/ Check 119852 Date Paid:09/01/2011 Itron Inc Inv. 205271 08/12/2011 Sep-Nov'11 MVRS Sftwre,GSPod,hand held, Raptor radio Check 119853 Date Paid:09/01/2011 David Jones Inv. 214367 08/29/2011 125 Orchid Ln N Water acct 214367 refund Check 119854 Date Paid:09/01/2011 Inv.2011052 08/25/2011 Check 119855 Date Paid:09/01/2011 Inv. 2437 08/25/2011 Check 119856 Date Paid:09/01/2011 Inv. 110822 08/22/2011 Jennifer and David Kalb Refund of planning applic fees Kid Create Studio Imagination and mixed media Angela Kneale 4.13.11 Desk Pilates&Proroller massage essentials Check 119857 Date Paid:09101/2011 Raymond Krastins & Tracy Jordan Inv. 140783 08/29/2011 3725 Cottonwood Ln n Water acct 140783 refund Check 119858 Date Paid:09/01/2011 Kris Engineering Inc Inv. 19902 08/11/2011 78 Cutting bits for mill Check 119859 Date Paid:09/01/2011 Lighten UP, LLC Inv. 1544 07/28/2011 Public Safety relamping project Inv. 1550 07/28/2011 Public Safety relamping project Page 1 of 24 Amount: $1,026.81 50.98 21.03 107.73 33.73 43.80 722.21 47.33 Amount: $416.81 416.81 Amount: $240.00 240.00 Amount: $607.48 607.48 Amount: $200.00 200.00 Amount: $209.98 48.90) 48.90 209.98 Amount: 7,844.63 7,844.63 Amount: 31.57 31.57 Amount: 9,500.00 9,500.00 Amount: 1,135.79 1,135.79 Amount: $73.76 73.76 Amount: $100.00 100.00 Amount: $1,045.00 1,045.00 Amount: $148.20 148.20 Amount: $43.89 43.89 Amount: $392.68 392.68 Amount: $21,861.77 21,456.27 405.50 Page 21 9/6/2011 Check 119860 Date Paid:09/01/2011 LSC Resource Inc Amount: 1,024.95 Inv. 23378 08/11/2011 3,500 PCC envelopes 393.24 113.83 Inv. 23379 08/11/2011 7,500 PCC envelopes 326.31 PD -15 Labels,4PK AAA Batteries,4-4GB Inv. 23380 08/11/2011 2,000 PCC ivory letterhead 305.40 53.46 Check 119861 Date Paid:09/01/2011 Chandler McCoy Amount: 42.75 Inv. 219834 08/29/2011 11210 Sunset Trl Water acct 219834 refund 42.75 Check 119862 Date Paid:09/01/2011 McKinstry Essention Inc Amount: 16,474.02 Inv. 43866A 06/23/2011 12.1.10/6.30.11 Stimulus funding 16,474.02 Check 119863 Date Paid:09/01/2011 MES Inc Amount: 256.50 Inv. 00256944SNV 08/12/2011 FD -Repair UH -10 & UH -20 Head Set 256.50 Check 119864 Date Paid:09/01/2011 Metro Fire Amount: 285.61 Inv. 41802 08/11/2011 Repair of MSA ICM TX 285.61 Check 119865 Date Paid:09101/2011 Inv. 71366 08/10/2011 Check 119866 Date Paid:09/01/2011 Inv. 0000967041 08/02/2011 Check 119867 Date Paid:09/01/2011 Inv. 210298 08/31/2011 Check 119868 Date Paid:09/01/2011 Inv.495400 08/08/2011 Inv. F6CS446877 08/11/2011 Inv. QLCB446784 08/10/2011 Check 119869 Date Paid:09/01/2011 Inv. 51010P 08/26/2011 Check 119870 Date Paid:09/01/2011 Inv. 150120 08/17/2011 Check 119871 Date Paid:09/01/2011 Inv. 110725 08/31/2011 Check 119872 Date Paid:09/01/2011 Inv. 573826490001 08/04/2011 Inv. 573952026001 08/05/2011 Inv. 574018701001 08/05/2011 Inv. 574562961001 08/10/2011 Metro Water Conditioning Inc. Amount: $615.38 102 50# Solar Salt for Rink A $615.38 Metropolitan Council Amount: $404,168.28 Sep'11 Wastewater service $404,168.28 MN Dept of Natural Resources Amount: $1,000.00 Proj9127 Public Waters permit applic fee $1,000.00 Morrie's Imports Inc Amount: $1,056.31 Unit #597 Moulding $43.47 Unit 253 rplc ICP sensor/wire connector $883.84 09 Police Ford Car Repair cyling of lock/unlock $129.00 door Robert Nesbitt Amount: $3,439.00 8.15/8.26.11 MN Joint Analysis $3,439.00 Northern Sanitary Supply Co Inc Amount: $358.99 PIC -6 Gal Cleaner & 6 Cases Handsoap $358.99 O'Donnell Woods LLC Amount: $45,187.50 R201104044 7.25.11 FinGuar/Tree Prev refund 45,187.50 SpringMeadow2 Office Depot Amount: $327.48 PD -6 RM Paper,1 DZ Mech Pencils, 3 RLS 113.83 Sealing Tape PD -5 PK Document Navy Cover 17.47 PD -15 Labels,4PK AAA Batteries,4-4GB 142.72 Memory Cards,DZ Markers FD -Alum Frame Marker Board 53.46 Check 119873 Date Paid:09/01/2011 Oil -Air Products LLC Inv. 493059001 08/10/2011 3-4G-4FFPRX90S Check 119874 Date Paid:09/01/2011 Park Square Theatre Inv. 8000322229 08/25/2011 2.7.12 Deposit "Ragtime" matinee Check 119875 Date Paid:09/01/2011 Printers Service Inc Inv. 254986 08/10/2011 PIC -77 inch ice knife sharp Check 119876 Date Paid:09/01/2011 Randy's Sanitation Inc Inv. 114317480911 08/19/2011 Sep'11 PCC Rubbish Removal Check 119877 Date Paid:09/01/2011 Rapit Printing Inc Inv. 103707 08/12/2011 Water Department Door Hangers 4X8 Page 1 of 24 Amount: $36.37 36.37 Amount: $242.00 242.00 Amount: $54.00 54.00 Amount: $294.22 294.22 Amount: $325.67 325.67 Page 22 9/6/2011 Check 119878 Date Paid:09/01/2011 Reliakor Services Inc Inv. 149459 08/12/2011 8.2/8.4.11 Storm cleanup Check 119879 Date Paid:09/01/2011 Robarge Enterprises Inc Inv. 10159 08/09/2011 14600 23rd Ave N drvwy/install #4 rplcmnt nut,bolted down Check 119880 Date Paid:09/01/2011 Inv. M030089502 08/10/2011 Inv. M030089503 08/10/2011 Inv. M030090285 08/30/2011 Check 119881 Date Paid:09/01/2011 Inv.38445 08/11/2011 Check 119882 Date Paid:09101/2011 Inv.110825 08/25/2011 Check 119883 Date Paid:09/01/2011 Inv.53569 08/22/2011 Check 119884 Date Paid:09/01/2011 Inv. 110728 07/28/2011 Check 119885 Date Paid:09/01/2011 Inv. 251040 08/29/2011 Check 119886 Date Paid:09/01/2011 Inv. 133811 08/29/2011 Check 119887 Date Paid:09101/2011 Inv. 2364 08/29/2011 Check 119888 Date Paid:09/01/2011 Inv.20572 08/24/2011 Check 119889 Date Paid:09/01/2011 Inv. 78122041 08/08/2011 Inv.78122218 08/10/2011 Inv.78123424 08/22/2011 Check 119890 Date Paid:09/01/2011 Inv.352926 08/04/2011 Check 119891 Date Paid:09101/2011 Inv. 07557001 07/31/2011 Check 119892 Date Paid:09/01/2011 Inv. 6316780811 08/22/2011 Royal Tire Inc Recapped 4 tires 2 New tires 19.5" Recapped 19.5 Tire Amount: $2,576.00 2,576.00 Amount: $956.53 956.53 Amount: $1,104.04 497.10 456.15 150.79 RSC Rental Service Corp Amount: 727.10 8.9/8.11.11 Ditchwitch rental 727.10 Var Fragrance paks,gentle fresh/Janitorial Rum River Contracting Company Amount: 167,158.80 Proj11006 #1 Sun Court Mill&Overlay 167,158.80 S&S Tree and Horticultural Specialists Inc Amount: 2,200.00 8.19.11 tub grind 2200 yds from log pile/mulch 2,200.00 Check 119895 Date Paid:09/01/2011 Safe Kids NW Metro Minneapolis Amount: 1,621.20 7.28.11 20 Multisport,120 Tru Fit bike 1,621.20 59.76) helmets/resale Inv. 1846448 06/23/2011 See cr inv CM250363 SCC Funding I LLC Amount: 80.87 1201 Vagabond Ct N Water acct 251040 80.87 refund Lisa R & Steven L Schroeder Amount: $61.61 10620 38th Ave N Water acct 133811 refund $61.61 Science Explorers Amount: $496.00 8.22/8.25.11 Camp KinderSprouts $496.00 Shred N Go Inc 8.10/8.24.11 Shredding service Skyhawks Sports Academy Inc 7.18/7.21.11 Flag Football 7.25/7.28.11 Track Field 8.8/8.11.11 Flag Football/Quickstart SMD Copy Systems 8.2.11 Repair cutter SRF Consulting Group, Inc. 7.31.11 Four Seasons Redevelop traffic study Star Tribune PW631678 9.8.11/9.8.12 Daily paper Amount: $156.00 156.00 Amount: $9,022.50 1,822.50 2,227.50 4,972.50 Amount: $187.50 187.50 Amount: $389.70 389.70 Amount: $130.00 130.00 Check 119893 Date Paid:09/01/2011 State Industrial Products Amount: 809.59 Inv. 95214616 07/27/2011 Var Fragrance paks,gentle fresh/Janitorial 809.59 Check 119894 Date Paid:09/01/2011 Melissa M & Derek M Stevens Amount: 67.88 Inv. 232959 08/29/2011 17020 39th Ave N Water acct 232959 refund 67.88 Check 119895 Date Paid:09/01/2011 Streicher's Inc Amount: 39.99 Inv. CM250363 06/28/2011 Cr 1846448/badges 59.76) Inv. 1846448 06/23/2011 See cr inv CM250363 59.76 Inv. 1855953 08/08/2011 FD -White Shirt 39.99 Check 119896 Date Paid:09/01/2011 Sun Newspapers Amount: $517.66Page 23 Page 1 of 24 9/6/2011 Inv. 1332170 08/11/2011 Publish Mill and Overlay Jamestown&Zachary 283.14 58.80 Inv. U0320490H 08/17/2011 Hill #11012 58.80 Inv. 1332171 08/11/2011 Publish Skate Park Bids 45.76 Inv. 1332172 08/11/2011 Publish Ordinance 2011-21 Traffic Control 54.34 9905 45th Ave N Water main break repair 4,011.21 Officers Check 119911 Inv. 1332173 08/11/2011 Publish Resolution 2011-22&23 134.42 Inv. 104848 08/02/2011 OrdinancesChpt 5 & 21 154.97 Check 119897 Date Paid:09/01/2011 Swank Motion Pictures Inv. RG0954674 07/11/2011 9.23.11 Megamind Rescheduled freight Check 119898 Date Paid:09/01/2011 Inv. 30007500811 08/10/2011 Check 119899 Date Paid:09/01/2011 Inv.11TF1483 08/08/2011 Inv.11TF1560 08/17/2011 Check 119900 Date Paid:09/01/2011 Inv. 110818 08/18/2011 Check 119901 Date Paid:09101/2011 Inv. 154 08/06/2011 Check 119902 Date Paid:09/01/2011 Inv.6793100 08/12/2011 Check 119903 Date Paid:09101/2011 Inv. 173319 08/29/2011 Check 119904 Date Paid:09/01/2011 Inv.200582STc 08/23/2011 Check 119905 Date Paid:09/01/2011 Inv.9C01307 08/10/2011 T Mobile Aug'11 UT GPS Taho Sportswear Inc 1110 Basketball T -Shirts 40 Hockey Clinic 2011 T -Shirts & 3 color screenprint Target Bank 7.21/8.17.11 Park&Rec program splys/Sr program Taylor Electric Company LLC CWP&ZWP lighting repairs Terminal Supply Company 200 STC -B Shrink Butt Connectors & 100 STC -A Shrink Butt Connect Darryl Thorvilson 13415 35th PI N Water acct 173319 refund Tight Rope 114hrs Fire Hydrant painting Titan Machinery Inc Moil Point Check 119906 Date Paid:09/01/2011 Toll Company Inv. 360713 08/09/2011 8 Liner Gloves,12 Nitrile Gloves,20 Dust/Mist Resp Check 119907 Date Paid:09/01/2011 Inv. 5498 08/23/2011 Check 119908 Date Paid:09/01/2011 Inv.120966 07/12/2011 Twin Orchards 30 Hosta plants Ultramax 1cs Federal 40 180 Tactical HP ammo Amount: $22.52 22.52 Amount: $39.98 39.98 Amount: $246.80 84.00 162.80 Amount: $120.34 120.34 Amount: $4,265.34 4,265.34 Amount: $141.68 141.68 Amount: $21.30 21.30 Amount: $6,042.00 6,042.00 Amount: $358.03 358.03 Amount: $73.94 73.94 Amount: $192.38 192.38 Amount: $432.00 432.00 Check 119909 Date Paid: 09/01/2011 USA Mobility Wireless Inc Amount: 58.80 Inv. U0320490H 08/17/2011 8.22/9.21.11 RAD pager rental 58.80 Check 119910 Date Paid: 09/01/2011 Valley Rich Co Inc Amount: 4,011.21 Inv. 16927 08/10/2011 9905 45th Ave N Water main break repair 4,011.21 Check 119911 Date Paid:09/01/2011 Viking Trophies Amount: 154.97 Inv. 104848 08/02/2011 10.5X13 Cherry Shadow Box for 3 Badges & 154.97 Art Prep Check 119912 Date Paid:09/01/2011 W D Larson Companies LTD Inc Amount: 311.29 Inv. F212210081 08/09/2011 12 Filters 311.29 Check 119913 Date Paid:09/01/2011 The Watson Company Amount: 1,221.74 Inv. 800430 06/22/2011 IC Concession Nacho Chips credit/return 43.22) Inv. 802555 08/11/2011 IC Concession food resupply 1,264.96 Page 24 Page 1 of 24 9/6/2011 Check 119914 Date Paid:09/01/2011 Workers Comp Reinsurance Amount: $427.21 Inv. 110818 08/18/2011 2010 Deficiency Assessment $427.21 Check 119915 Date Paid:09/01/2011 Inv. 51509749550811 08/23/2011 Inv. 51520312000811 08/15/2011 Inv. 51552709980811 08/11/2011 Inv. 51593725790811 08/10/2011 Inv. 51671079400811 08/24/2011 Inv. 51685621580811 08/10/2011 Check 119916 Date Paid: 09/01/2011 Inv.436657 05/26/2011 Inv.438844 06/09/2011 Inv.444518 07/20/2011 Inv.444519 07/20/2011 Inv.444523 07/20/2011 Check 119917 Date Paid: 09/01/2011 Inv. 1202 08/31/2011 Check 119918 Date Paid:09/01/2011 Inv. 110823 08/23/2011 Check 119919 Date Paid:09/01/2011 Inv. H9833902 08/25/2011 Check 119920 Date Paid:09/01/2011 Inv. 110824 08/24/2011 Check 119921 Date Paid:09/01/2011 Inv. 110830 08/30/2011 Xcel Energy 6.30/8.17.11 Playfields 6.29/7.31.11 8 Lift Stations 7.11/8.10.11 Civel Defense Sirens 6.29/7.31.11 3 Transit shelter Park & Ride 6.28/8.16.11 FS1,FS2,PW,IC 6.14/7.31.11 Traffic Signal Yocum Oil Company Inc 189.7gl ZWP Fuel oil for gen sets 147.7gl ZWP fuel oil for gen set 174.2gl Mission Farms LS fuel oil for gen set 31.8gl Lancaster LS fuel oil for gen set 104.9gl CWP fuel oil for gen set Yogastudio in Plymouth LLC 6.29/8.29.11 InStudio yoga Xuefeng Yu 8.23.11 Chinese Culture presentation Ziegler Inc 7.27/8.26.11 Skid Steer rental Warren Anderson 8.22/8.24.11 Lunch Amber Training MPLS City of Wayzata Unit 1004 License Tabs Check 119922 Date Paid:09/01/2011 Community Health Charities Inv. 110812 08/31/2011 PP 16th deduction Inv. 2011-00000218 08/26/2011 CHAR CHC - Community Health Charities Check 119923 Date Paid:09/01/2011 Sara Cwayna Inv. 110812 08/12/2011 Fire Prev Educ Materials/Education Safety Publishing Check 119924 Date Paid:09/01/2011 Inv. 110824 08/24/2011 Check 119925 Date Paid:09/01/2011 Inv. 110827 08/27/2011 Erik Fadden 8.22/8.24.11 Lunch Amber Training MPLS Richard Kline 8.24/8.27.11 Atlanta IAFC conf lodge,meals Check 119926 Date Paid:09101/2011 Law Enforce Labor Serv./Union Inv. 2011-00000219 08/26/2011 DUES POL - Police Union Dues Check 119927 Date Paid:09/01/2011 Inv. 110816 08/16/2011 Check 119928 Date Paid:09/01/2011 Inv. 110825 08/25/2011 Check 119929 Date Paid:09101/2011 Inv. 2011-00000220 08/26/2011 Check 119930 Date Paid:09/01/2011 Inv. 2011-00000221 08/26/2011 Lisa London 6.27/8.16.11 Preschool supplies Amount: $48,840.74 7,483.49 6,617.90 61.41 1,221.66 30,607.80 2,848.48 Amount: $2,704.21 662.22 552.39 853.06 155.73 480.81 Amount: 457.60 457.60 Amount: 70.00 70.00 Amount: 5,824.69 5,824.69 Amount: 33.00 33.00 Amount: 11.00 11.00 Amount: 24.00 12.00 12.00 Amount: 624.75 624.75 Amount: $33.00 33.00 Amount: $649.15 649.15 Amount: $1,295.91 1,295.91 Amount: $26.42 26.42 Sara Mittelstaedt Amount: $12.86 Costco/Coffee supplies for AAA driving classes $12.86 MN AFSCME Council #5 DUES MTCE - Maintenance Union Dues* MN Child Support Payment Ctr CHD SUP% - Child Support Percentage* Check 119931 Date Paid:09/01/2011 MN Environmental Fund Page 1 of 24 Amount: $2,711.03 2,711.03 Amount: $1,401.32 1,401.32 Amount: $6.00 Page 25 9/6/2011 Inv. 2011-00000222 08/26/2011 CHAR MN ENV - MN Enviromental Fund 6.00 Check 119932 Date Paid:09/01/2011 Open Your Heart Amount: 36.00 Inv. 2011-00000223 08/26/2011 CHAR OYH - Open Your Heart 36.00 Check 119933 Date Paid:09/01/2011 Ben Przybilla Amount: 19.00 Inv. 110823 08/23/2011 Reimb Class A CDL renewal 19.00 Check 119934 Date Paid:09/01/2011 Brian Rahn Amount: 19.00 Inv. 110822 08/22/2011 Reimb Class A CDL renewal 19.00 Check 119935 Date Paid:09/01/2011 Michael Reed Amount: 33.00 Inv. 110824 08/24/2011 8.22/8.24.11 Lunch Amber Training MPLS 33.00 Check 119936 Date Paid:09/01/2011 Roe Family Singers Amount: 200.00 Inv. 110907 08/29/2011 9.7.11 Farmers Market performance 200.00 Check 119937 Date Paid:09/01/2011 Robert Topp Amount: 122.00 Inv. 110822 08/22/2011 8.22.11 Region 12 K-9 Trial registration 100.00 Inv. 110824 08/24/2011 8.23/8.24.11 lunch at K-9 training 22.00 Check 119938 Date Paid:09/01/2011 United Way Amount: 36.00 Inv. 2011-00000224 08/26/2011 CHAR UW - United Way 36.00 Check 119939 Date Paid:09/01/2011 Bemis, Lindsay Amount: 265.00 Inv. Import - 1194 08/31/2011 Park and Rec Refund 265.00 Check 119940 Date Paid:09/01/2011 Bodin, Lora Amount: 100.00 Inv. Import - 1193 08/31/2011 Park and Rec Refund 100.00 Check 119941 Date Paid:09/01/2011 Fraser-Taylor, Eleanor Amount: 150.00 Inv. Import - 1195 08/31/2011 Park and Rec Refund 150.00 Check 119942 Date Paid:09/01/2011 Tom Hanlon Amount: 145.00 Inv. Import - 1192 08/31/2011 Park and Rec Refund 145.00 Check 119943 Date Paid: 09/01/2011 Hinitz, Marcia Amount: 5.00 Inv. Import - 1191 08/31/2011 Park and Rec Refund 5.00 Check 119944 Date Paid:09/02/2011 Workers Comp Reinsurance Amount: 74.73 Inv. 110818A 08/18/2011 2010 Annual adj&unfuinded layer instlmnt 74.73 Total Payments: 403 Total Amount Paid: $2,983,096.92 Page 26 Page 1 of 24 9/6/2011 Date: 9/6111 H.M.S. Windows - Housing Assistance Payments Page: 0001 Time: 2:41:07 PM PAYMENT REGISTER -SUMMARY Q:IhnnslreporesIPAYSUM.QRP Sank Account Description/Account Number 3110681 Number Date Method Status Name Of Payee Total 0005193 8/25/11 Computer Ck. Paid Simon Akerman 911.00 0005194 9/1/11 Computer Ck. Paid Dmitriy Akerman 1,220.00 0005195 911111 Computer Ck. Paid Simon Akerman 911.00 0005196 9/1/11 Computer Ck. Paid Ilya Alchits 1,167.00 0005197 9/1/11 Computer Ck. Paid Allied Capital Management, LLC 302.00 0005198 9/1/11 Computer Ck, Paid Charles & Helen Anderson 477.00 0005199 911111 Computer Ck. Paid Ryan Arvola 0.00 0005200 9/1/11 Computer Ck. Paid Summer Creek Apts 1,653.00 0005201 9/1/11 Computer Ck. Paid Melair Associates LP DBA 0.00 0005202 9/1/11 Computer Ck. Paid Melair Associates LP DSA 26,649.00 0005203 9/1/11 Computer Ck. Paid Wayne Austin 1,116.00 0005204 9/1111 Computer Ck, Paid Bass Lake Hills Townhotnes, LP 1,661.00 0005205 9/1/11 Computer Ck. Paid Vladimir Begun 752.00 0005206 9/l/11 Computer Ck. Paid Bigos Willow Creek 0.00 0005207 911/11 Computer Ck. Paid Bigos Willow Creek 22,357.00 0005208 9/1/11 Computer Ck. Paid Bigos-Oakwood LLC 774.00 0005209 9/1/11 Computer Ck. Paid Hoa Chen 329.00 0005210 9/1/11 Computer Ck. Paid Esso Properties, LLC 1,291.00 0005211 9/1/11 Computer Ck. Paid Fernbrook Townhomes 9,639.00 0005212 9/1/11 Computer Ck. Paid Tim & Holly Flemming 755.00 0005213 9/1/11 Computer Ck. Paid Four Seasons Estates 0.00 0005214 9/1/11 Computer Ck. Paid Four Seasons Estates 16,380.00 0005215 9/1/11 Computer Ck. Paid Four Seasons Villa 444.00 0005216 9/1111 Computer Ck. Paid Todd Haigh 37.00 0005217 9/1/11 Computer Ck, Paid Dean I-Ialliwill 433.00 0005218 9/1/11 Computer Ck. Paid Amy Haugen 573.00 0005219 9/1/11 Computer Ck. Paid Andrew Heal 1,281.00 0005220 9/l/11 Computer Ck. Paid Heartland -Plymouth LkVwCommons 0.00 0005221 9/1/11 Computer Ck. Paid Heartland -Plymouth LkVwCommons 43,454.00 0005222 9/1111 Computer Ck. Paid Robin Lea He]Imer 930.00 0005223 9/1/11 Computer Ck. Paid Paul Hintermeyer 391.00 0005224 911111 Computer Ck. Paid Elena & Boris Iliarski 675.00 0005225 9/1/11 Computer Ck. Paid Eric Johansen 585.00 0005226 911/11 Computer Ck. Paid Joseph Palen 2,735.00 0005227 9/1/11 Computer Ck. Paid Barbie Jo Kalash 577.00 0005228 9/1/11 Computer Ck. Paid Gennadiy Kharam 511.00 0005229 9/1/11 Computer Ck, Paid Lancaster Village Partnership 6,254.00 0005230 9/1/11 Computer Ck. Paid Kathy LaPointe 627.00 0005231 9/1/11 Computer Ck, Paid Gregory Mazo 763.00 0005232 9/1/11 Computer Ck. Paid Joan M. Michaud 565.00 0005233 9/1/11 Computer Ck. Paid Klara Mints 1,154.00 0005234 9/1/1I Computer Ck. Paid Grant Moosbrugger 940.00 0005235 9/1/11 Computer Ck. Paid Park Place Apartments 832.00 0005236 9/1/11 Computer Ck. Paid Parkside Apartments 6,451.00 0005237 9/1/11 Computer Ck. Paid Plymouth Colony Apartments 8,103.00 0005238 911/11 Computer Ck. Paid Plymouth Ponds Ltd Partnership 15,281.00 0005239 9/1/11 Computer Ck. Paid Plymouth Pointe Apartments 445.00 0005240 911/11 Computer Ck. Paid Regency Pointe Apartment Homes 14,721.00 0005241 9/1/11 Computer Ck, Paid Ilya Roytelman 576.00 0005242 9/1/11 Computer Ck. Paid Paul Savanraj 642.00 0005243 9/1/11 Computer Ck, Paid Shenandoah Woods 11,665.00 0005244 9/1/11 Computer Ck. Paid Gopal B Shenoy 1,763.00 0005245 9/1/11 Computer Ck, Paid Plymouth Leased Housing Assoc I0,391.00 Page 27 Date: 9/6/11 H.M.S. Windows - Housing Assistance Payments Page: 0002 Time: 2:41:07 PM PAYMENT REGISTER -SUMMARY QAhmslreportslPAYSUM.QRP 0005246 9/1/11 Computer Ck. Paid Dawa Tashi 382.00 0005247 9/1/11 Computer Ck. Paid The Place Apartments 1,737.00 0005248 9/1/11 Computer Ck, Paid Irina Turovskaya 573.00 0005249 9/1/11 Computer Ck. Paid Vicksburg Crossing 2,426.00 0005250 9/1/11 Computer Ck. Paid Vicksburg Commons 4,906.00 0005251 9/1/11 Computer Ck. Paid Vladimir Voynov 1,207.00 0005252 9/1/11 Computer Ck. Paid Wellington Apartments Partnership 697.00 0005253 9/1/11 Computer Ck, Paid Dakota County Community Development Agen I.70 0005254 9/1/11 Computer Ck. Paid Lake County Housing Authority 519.79 0005255 911/11 Computer Ck. Paid Metropolitan Council 1,389.58 0005256 9/1/11 Computer Ck. Paid Minneapolis Public Housing Authority 0.00 0005257 9/1/11 Computer Ck. Paid Minneapolis Public Housing Authority 8,560.60 0005258 9/1/11 Computer Ck. Paid Saint Paul Public Housing Agency 872.79 0005259 9/1/11 Computer Ck, Paid Scott County CDA 1,057.79 0005260 9/1/11 Computer Ck. Paid St. Louis Park Housing Authority 844.49 0005261 9/1/11 Computer Ck. Paid ti ,`i,,n Pc.Y+n, 55.00 0005262 9/1/11 Computer Ck. Paid L1 ` Ll 63.00 0005263 9/1/11 Computer Ck. Paid t 19.00 0005264 9/1/11 Computer Ck. Paid X\ 42.00 0005265 9/1/11 Computer Ck, Paid A 40.00 0005266 9/1/11 Computer Ck. Paid i_- t 1 63.00 0005267 9/1/11 Computer Ck. Paid tit , 16.00 0005268 9/l/11 Computer Ck. Paid t 26.00 0005269 9/1/11 Computer Ck. Paid 20.00 0005270 9/1/11 Computer Ck. Paid t t 20.00 0005271 9/1/11 Computer Ck. Paid 3 12.00 0005272 9/1/11 Computer Ck. Paid 1A L 40.00 0005273 9/1/11 Computer Ck. Paid i. t, 38.00 Total For Bank Account 247,771.74 Of Totals Transactions Computer Checks 439 $247,771.74 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: $247,771.74 Total - All Bank Accounts Printed: $247,771.74 Page 28 CITY OF PLYMOUTH RESOLUTION NO. 2011 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING SEPTEMBER 3, 2011 WHEREAS, a list of disbursements for the period ending September 3, 2011 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 September 13, 2011 716,825.11 1,349,791.43 915,790.38 690.00 2,983,096.92 S 247,771.74 247,771.74 3,230,868.66 Page 29 rp)City of Agenda 6 . 0 3PlymouthNumber: Adding QoaWy to Life REGULAR COUNCIL MEETING To: Laurie Ahrens, City Manager Prepared by: Joshua Doty, Senior Planner September 13, 2011 Reviewed by: Item: 1. ACTION REQUESTED: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Approve a Home Occupation License for a home service business at 15620 9th Avenue North (2011039) Move to adopt a resolution approving a home occupation license for a home service business for David Felt at 15620 9th Avenue North, as recommended by the Planning Commission. Approval of a home occupation license requires a 4/7 vote of the City Council. 2. BACKGROUND: At their August 3, 2011 meeting, the Planning Commission voted unanimously to recommend approval of the proposal. The applicant was present at the meeting in support of the application. Two people requested to speak on the matter. The issues raised are discussed below. The Planning Commission staff report and minutes are attached. Notice of the August 3, 2011 Planning Commission public meeting was sent out to all property owners located within 200 feet of the site 10 days prior to the public meeting. A copy of the notification area map is attached. Business Activity Concern was raised about the applicant's previous business activity. Two residents stated concern that over the last few years, parking, noise and traffic associated with the business have been a problem. The residents added that parking occurred on -street, which blocked mail boxes and created congestion on the street. Staff responded that the applicant's request moving forward would allow up to two employees per day to park on the driveway. Staff responded that on -street parking for the business would not be allowed. The residents raised concern about running the business seven days a week. Staff responded that the home occupation regulations are designed to allow home businesses that fit into residential neighborhoods. Staff added that the home occupation regulations include regulations on hours of operation, allowing business activity between 7:00 a.m. and 10:00 p.m. Page 1 Monitoring The residents questioned who monitors the business activity moving forward. Staff stated that the city will respond to any complaints received. Staff added that the home occupation license would need to be renewed after the first year and then after every three years. If violations are verified by staff, the home occupation license could be terminated. The Planning Commission stated concern that the applicant did not respond until after the second letter was sent by the city's housing inspector. The Planning Commission encouraged the applicant to follow the city's regulations moving forward. 3. BUDGET IMPACT: Not Applicable 4. ATTACHMENTS: Minutes from the August 3, 2011 Planning Commission Meeting Planning Commission Staff Report and Attachments Resolution Approving Home Occupation License Page 2 Approved Planning Commission Minutes August 3, 2011 Page 2 7. NEW BUSINESS A. DAVID FELT (2011039) Chair Davis introduced the request by David Felt for a home occupation license for a home service business for property located at 15620 91h Avenue North. Senior Planner Doty gave an overview of the staff report. Chair Davis introduced the applicant, David Felt, 15620 9th Avenue North. Mr. Felt said that he moved to Plymouth in 2007 and started his business right out of college. He said that as his business grew, he did not realize all the rules and regulations that go into a neighborhood and the way that a business should be run. He said that as his business grew in the earlier years, there was a lot of noncompliance with what the city regulations and guidelines were. He said that once he was made aware of that in December 2010, he did everything that he could to develop a new game plan on how to run our business. Mr. Felt said that he does not have employees working in the home. He said the biggest issue was the parking and the comings and goings of people in the early morning and in the afternoon. Ile said he thought that he had done everything in his power and that he had proven to the neighborhood that he is now following the guidelines set up by the city. He said he would do everything in his power to be in complete compliance with what those regulations are. He asked that the Planning Commission move forward with the home occupation license. Commissioner Nelson asked if since he made these adjustments in his business and not had the crews at his house, if he had any issues with neighbors or any further complaints. Mr. Felt responded not that he was aware of. He said that he does have an independent contractor, who is also one of his friends, and his vehicle looks like a work vehicle. He said that when he comes over, it is to hang out with him and it has nothing to do with work-related things. He said during the process of applying for the home occupation license, under the regulations and guidelines, he thought he could have one commercial vehicle at his home that had logos and decals and equipment in it. He said once he was made aware that was not legal until he actually received approval for the home occupation license, he removed that from the property as well. He said there are no employee vehicles, trucks with logos or equipment at his house that is out of compliance with what the city requires. Commissioner Kobussen asked where the 40 -foot ladder is stored. Mr. Felt replied that it is in the garage and that it does fit in there. Commissioner Kobussen asked how many personal vehicles he had. Mr. Felt responded that he has two vehicles and a boat as well. Commissioner Kobussen asked if there was plenty of room in the driveway for four vehicles. Mr. Felt replied that he currently does not park one vehicle in the garage due to issues with his garage door openers. He said that he could park the vehicle in the garage when he got that fixed and then he could add another parking spot. He said that he has a poured, concrete slab on the side of his garage for additional parking and that is where his boat is now. Page 3 Approved Planning Commission Minutes August 3, 2011 Page 3 Chair Davis introduced Frank Hendricks, 840 Teiraceview Lane North. Mr. Hendricks stated that when Mr. Felt moved in, he started his operations as he said. He said that the parking was atrocious. He said that he moved in to a residential area to live in a residential area. He said that there were up to seven cars parked in the street during the summer time. He said the city has somewhat narrow streets when the curbs have been improved and during the winter time it made it even more difficult. He said that he does not like being in this position but he commends him for running a small business. He said that he owns two small businesses and has resided in Plymouth with his two businesses for 20 some years. Mr. Hendricks said that he first approached Mr. Felt and told him there was a problem here, that there were too many cars parked in the streets, He said that he told him that it was hazardous and a nuisance. He said people are operating before the hours of 8:00 a.m., it's loud, ladders are clanging and that he needed to change it, especially because they are parking in front of his yard and turning around in his driveway. He said it is common courtesy that people can turn around in driveways but not when it is a daily occurrence of cars and trucks that are employees, some of whose vehicles are loud and in poor repair. He said that Mr. Felt took note of it and moved some of the cars so that they weren't parking right next to his house but then they were parking across the street. He said when a car is parked directly across from your driveway or blocking a mailbox or in the winter time when trying to back down an icy driveway, it is hazardous. Mr. Hendricks said that he approached Mr. Felt again around Thanksgiving of 2010. He said he told him that this has got to change and he needed to get an office space as there is plenty of light industrial available. He said Mr. Felt responded that he was just not going to do that. He said Mr. Felt left him with the impression that he would take care of it in the spring and that he might get some light industrial space. He said he told Mr. Felt that was fine and that he would let him finish out his season but if it started back up in the spring, he would file a protest with the city. He said that was what he was forced to do because the same habit started right back up in the spring. Mr. Hendricks said that it has been a long process. He said he has spoken to city staff. He said he just wanted to be clear that this isn't just a window cleaning business. He said it is Christmas lights in the winter time, when there are ice dams there are steamers out there, it's gutter cleaning, etc. He said to say it's a window cleaning service is questionable. He said he has cleaned up his act but he has no license. Mr. Hendricks provided the Planning Commission with copies of correspondence to and from city staff. Commissioner Petrash asked if Mr. Felt has been in compliance the last few months. Mr. Hendricks responded that it has been much better. He said there have been exceptions with overnight street parking and there are still cars parked out in front. He said he would not say that he was in full compliance. Chair Davis introduced Glenn Rood, 15610 9"' Avenue North. Mr. Rood said this is nothing personal. He said it is about putting up with a home-based business next door for three years. Page 4 Approved Planning Commission Minutes August 3, 2011 Page 4 He said he hopes it is successful and it sounds like it is. He said the complaint had to be filed because of the noise. He said that he doesn't want to live in a neighborhood with a business because once you have one, you may get another. He said that traffic was a problem. He said people parked in front of their home and in front of their mailbox. He said the biggest thing is that in three years, someone should know that you need a license to run a business in a neighborhood. He said that it has been shown that there wasn't the desire to work with neighbors; otherwise it wouldn't have gone on for so long. He said he is opposed to it but it sounds like it is going to move forward as a recommendation. He said he is not sure how we reward a recommendation when something was violated for three years. He said it is better and it did operate a little bit after it was not supposed to, which is more of an "I'm above the law" attitude. He said he just doesn't want it, whether that makes it right or wrong. Mr. Rood asked that if this is approved, who monitors the activity. He said that it already has been violated for three years. Senior Planner Doty responded in terms of the staff review, we need to review the application that is in front of us, based on the ordinance standards. He said that was what staff did and why we are recommending approval. He said that the business practice moving forward as described in the application does comply with the standards in the home occupation ordinance. He said the previous business practice did not and would not comply with the ordinance. Senior Planner Doty replied to the question of monitoring. He said a home occupation license may be terminated if it is shown not to be in compliance with ordinance standards. He said that the applicant would need to renew the license after the first year, He said we would respond to any complaints from neighbors at any time moving forward and we would respond to each complaint we received. He said that if the applicant moved forward in a manner that wasn't in compliance with the ordinance standards and we received a complaint, staff would follow up and perform inspections as necessary. He said if shown not to be in compliance, the home occupation license could be terminated. Planning Manager Thomson added the first complaint that came to the city was in December of 2010 and the city operates in a situation like this on a complaint basis. She said that once we get a complaint, we do follow up. She said prior to that time, no one had indicated there was an issue. Mr. Rood commented that it is really up to the occupant to monitor their own business. He asked if that would be the intention should this be approved. Chair Davis responded that they should be compliant to the privilege they were given to operate a business in their home. He said that the city doesn't police unless there is a citizen complaint, which the city would investigate. Commissioner Nelson added that this is similar to a situation we had last meeting where somebody had built a patio in their back yard and were unaware that they were within a setback of a wetland until somebody told them. Page 5 Approved Planning Commission Minutes August 3, 2011 Page 5 Mr. Rood asked if these licenses grant you to operate seven days a week. Senior Planner Doty responded affirmatively. Planning Manager Thomson added that there are hourly restrictions during the day that would apply. Mr. Rood asked if we would want home occupation businesses running seven days a week in residential neighborhoods and if that is good practice for neighborhoods when there is industrial space available throughout the city. Planning Manager Thomson responded that the regulations the city has in place are designed to make sure businesses that do operate in residential areas are respecting the character of the neighborhood and that's why there's no exterior storage and there are hours of operation, etc. She said the regulations are designed to maintain a good residential setting. Commissioner Oakley said that we heard from two different sides on this. He said one of the things that he is not sure came out completely is the fact that the complaint was lodged in December, there was a letter sent December 27t11 with a deadline of February 15th, a follow up letter was sent March 15th with a deadline of May 6th and an application was finally submitted on June 3rd. He said that's not really an indication of complying with the rules as they've been set forth. He said it is important that people follow the rules, that's what holds society together and that applies to the city as well. He said that we have to follow our rules in authorizing home - licensed businesses. He said that he would vote in support of this request. He said there are a lot of conditions in the proposed resolution and he encourages the neighborhood to monitor the business and especially Mr. Felt to stick with the rules and make it a long-term business that can grow into office space in a place that's meant to hold it. Commissioner Nelson said that he echoed Commissioner Oakley's comments. He said one of the things that concerned him was seeing those deadlines that were passed by. He told Mr. Felt that he is a young business man just starting out in a tough economy and he admired him for that. He said with these kinds of things going forward, not only in his business life but in his personal life, and his neighborhood is things that he can't not pay attention to. He said that he would vote in support of this request. He said he encouraged the neighbors to actively monitor this situation and he would also encourage the city to monitor this situation. He said there should not be a lot of leeway given for any infringements on the ordinance and the rules going forward. He told Mr. Felt that if his business does continue to grow and he really hopes it does, he may be better served at looking at some light industrial space. He said he may be able to run his business more efficiently that way. He said he understood the hesitancy with costs and things like that as he, too, used to run a small business in a light industrial area but he has to pay attention to concerns going forward and follow the rules. Commissioner Petrash asked how a license gets revoked and who decides that. Senior Planner Doty responded that when we receive complaints, our housing inspector goes out and investigates the property. He said that his sole purpose is to determine if there is a violation of the ordinance or the Iicense. He said that he would be looking for a specific violation and if one is found, we would be on stable grounds to terminate. He said that it is possible that the city may give some opportunity for compliance. Planning Manager Thomson added that when we have situations like this where there could be compliance questions, we try to work with homeowners Page 6 Approved PIanning Commission Minutes August 3, 2011 Page 6 and there is a legal process to follow. She said that she did not believe we have revoked any to date. She said that we typically do not get many complaints with home businesses. She said that people have tended to follow the rules and respect their neighbors so it has not been an issue. She said that we do have a process by which we can revoke if necessary. Chair Davis said that about four years ago, we had a similar request for a resident running a business out of their home and the neighbors complained so they had to file for a license. He said that they cleaned up their act, they got their license and their license has been renewed twice. He told Mr. Felt that situation is a model of how we would like this to turn out. He said we would like him to keep renewing this because the neighbors are happy. He said he would vote in support of this request on the condition that Mr. Felt follows the rules. MOTION by Commissioner Nelson, seconded by Commissioner Oakley, to approve the request by David Felt for a home occupation license for a home service business for property located at 15620 9"' Avenue North. Vote, 6 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Chair Davis, with no objection to adjourn the meeting at 7:35 p.m. Page 7 Agenda Number File 2011039 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Joshua Doty, Senior Planner (509-5453) through Barbara Thomson, Planning Manager MEETING DATE: August 3, 2011 APPLICANT: David Felt PROPOSAL: Home Occupation License for a home service business LOCATION: 15620 9th Avenue North GUIDING: LA -1 (Living Area 1) ZONING: RSF-1 (Single Family Detached 1) REVIEW DEADLINE: September 30, 2011 DESCRIPTION OF REQUEST: The applicant, David Felt, is requesting a home occupation license to operate a home service business named "Russel Williams Window Cleaning LLC" from his home. The applicant has operated the business out of his home since 2007. Staff learned about the home occupation in December of 2010 through a complaint. On June 3, 2011, following receipt of two letters from Housing Inspector Warren Kulesa stating the need to obtain a license (see attachments), the applicant submitted a license request. Prior to receipt of the letter, the applicant was unaware of the need for a license. Section 21030.04, subd. 2(a) of the zoning ordinance allows home occupation licenses to be approved administratively unless the city receives written objections. During a 14 -day review period for property owners (within 200 feet of the applicant's residence) to respond to the request, staff received opposition from five neighboring property owners. Consequently, staff Page 8 File 2011039 Page 2 cannot act on the application administratively. The opposition to this home occupation license is based on: 1) business activity throughout the day with as many as ten employees on the site at one time; 2) parking on 9"' Avenue North; 3) increased neighborhood traffic; 4) operating as early as 7:00 a.m. and as late as 8:00 p.m., seven days a week; and 5) increased noise from operating the business. Notice of this public meeting was mailed to all property owners within 200 feet. CONTEXT: Surrounding Land Use and Zones W ZaNIN... _ . . North Hennepin County P -I P -I Correctional Facility East, West Single Family Homes LA -1 RSF-1 ancl;:S uti W-: ;- Previous Actions Affecting_Site The home on the subject properly was constructed in 1968. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a home occupation license is limited to whether or not the proposed home occupation meets the measurable standards outlined in the zoning ordinance. If it meets these measurable standards, the city must then approve the home occupation license. ANALYSIS: Business Activity The city allows home businesses that meet certain conditions. The purpose of the city's home occupation regulations is to maintain the character and integrity of residential areas and to provide a means through the establishment of standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. The applicant states that his business has grown steadily since 2007 and he presently employs nine employees (five crews) and also works with one independent contractor. The applicant further states that he had additional people hired in the fall of 2010, with employees meeting at his house. The applicant states that he realized after the complaint was filed with the city that his business needed to change to comply with city regulations. Page 9 File 2011039 Page 3 The applicant is requesting approval of a home occupation license to allow the operation of his business, including a home office and the use of up to 50 percent of the attached garage for storage of equipment. The applicant is also requesting the ability to allow up to two employees to meet at the house daily to transfer from their personal vehicles to a work vehicle for the day. Section 21145.04, subd. (3)(a) states that a licensed home occupation may employ others provided that no more than two employee vehicles are regularly parked outside, and provided all work activities by employees are performed off the premises. The applicant states that, except for the two employees, his other employees/crews would not visit the house, except that approximately three times a year, a crew would come to the home to pick up a 40 -foot ladder. These employees leave for work from their own homes. Parking Concerns The applicant would allow up to two employees to park on the property during the business day. The driveway is large enough to accommodate two vehicles at one time. Staff has added a condition to the resolution that on -street parking shall not be utilized for parking demand. TrafCic Concerns The proposed home occupation would allow up to two employees on site per day, which would create a maximum of four (4) trips per day (each employee would constitute two trips). A typical single family home generates ten vehicle trips per day. Hours of Operation The zoning ordinance requires home occupations to operate between the hours of 7:00 a.m, and 1.0:00 p.m. The applicant states that he would comply with these hours. Noise Concerns Section 2025.03 of the city code states that no person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. The applicant states that he would comply with the city's noise requirements. FINDINGS: The standards in the ordinance were developed to address and control any adverse effects that may result from a home occupation. Staff finds that the applicant's previous business practice of allowing numerous employees and vehicles on the property is not consistent with the home occupation regulations, nor is it compatible with the neighborhood. However, staff finds that the applicant's current business practice would be consistent with the home occupation regulations and would be compatible with the neighborhood. Specifically, the applicant would allow up to Page 10 File 2011039 Page 4 two employees on site for carpooling purposes. The employees would park on the driveway. In addition, three times a year, a crew would come to the home to pick up a 40 -foot ladder. Staff further finds that the traffic that would be generated from the proposed home occupation would be negligible. Staff used the standards in section 21145 of the zoning ordinance to make the following findings on the proposed home occupation license. A copy of the standards is attached. a) The home occupation would be clearly incidental and secondary to the residential use of the premises, would not change the residential character of the neighborhood, and would not result in a disturbance to the surrounding uses. b) There would be no use of equipment that would cause electrical interference to surrounding properties. c) The applicant would use the driveway to accommodate parking demand. d) There would not be any exterior storage of equipment used in the home occupation. e) Less than 50 percent of the garage and less than 25 percent of the home would be used for the home occupation. f) No person other than those who reside in the home would be employed on the premises. The business may employ others provided that no more than two (2) employee vehicles are regularly parked outside the garage on the driveway, and provided that all work activities are performed off the premises. CONCLUSION: Staff finds that with the conditions in the attached resolution, the home occupation meets all of the measurable standards outlined in the zoning ordinance. RECOMMENDATION: Community development department staff recommends approval of the home occupation license for David Felt to operate a home service business out of the home located at 15620 9"' Avenue North, subject to the conditions listed in the attached resolution. Page 11 File 201103 9 Page 5 ATTACHMENTS: 1, Draft Resolution Approving the Home Occupation License 2. Section 21145 -- Home Occupations 3. Applicant's Narrative 4. Letters from Housing Inspector 5. Location Map 6. Notification Area Map 7. Aerial Photograph S. Site Photographs PACommDev\STAFFREP1PC12011\2011039 pe Felt Window Cleaning HOL.docx Page 12 I David Felt moved to Plymouth in 2007 and I purchased my home on 9th Ave. I run a home service business under Russel Williams Window Cleaning LLC. We go to customers, they do mot come to us. From 2007 to present we have grown as a business, and every year we have added more crews. It used to be just one, now there are five crews. In the late fall we get very busy with hanging Christmas Lights. To meet the demand I hired more people during that time [late October through November] and had them meet at my home to park for the day. This is where the problem was. There were many people parking at my residence and we were not in the guidelines set up by the city of Plymouth. Late December 2010 a city employee came to my home and made me aware of what the guidelines were as far as employees parking on location. From that time on I have done my best to be in compliance to the guidelines set up by the city of Plymouth. Our day to day operations goes as follows. I have a pre set schedule that gets sent to each truck that is located throughout the twin cities metro because we service the entire metro. None of the crews or employees drive out of the location at 15620 9th ave N. I often times will leave for the entire day to do what needs to get done from a management perspective. It maybe meeting at job sites or doing estimates. All of our work is done at a customers home. I do keep some extra equipment in my garage. I keep nothing outside for anyone to see. A crew will rarely ever come by to get additional equipment due to the fact that they are always well equipped for their day. An example is a 40 foot ladder which may be used up to 3-5 times per year. I store that at my location because it is used so infrequent. The rest of my time is spent in my home office. I no longer run any crews out of this location. I believe that the neighborhood was most concerned with all the vehicles that were around my home in the late fall, After being made aware of what the guidelines were I have been in complete compliance. I now know what needs to be done as far as what is allowed within the guidelines and I believe this past summer has shown to my neighbors I am trying to follow the guidelines that have been set up in our community. Page 13 Russel Williams Window Cleaning LLC, will be within the guidelines set up by the city of Plymouth due to the fact that there are no more than two employees coming to the residence. There is only one vehicle with company logos used by the company from this location. Less than 25% of the gross floor area of the home is being used. We are not creating any noise or distraction because we leave the location to perform our work Page 14 icy 0, f, V [Afl OUt' Y.- n Addfrrg Quality to Life David Felt 15610 9th Avenue N. Plymouth MN 55447 December 30, 2010 SUBJECT: Operation of a Business From a Residential Zoning District Dear Mr, Felt: On December 27, 2010 1 spoke with you at your residence on 9th Avenue related to a complaint the City had received concerning the operation of your window cleaning business from your home. This complaint concerned the coming and going of employees as well as the parking of employee vehicles on the street and within your driveway. In reviewing this matter I did find that you own a business, Russel Williams Window Cleaning LLC. In reviewing the property as well as the information provided on your website, it appears that the business does employ others, and that there are vehicles used by the business. have included for your reference a copy of Plymouth Zoning Ordinance Section 21145.01. This section of Zoning Ordinance applies to home businesses. One of the first items to note would be under Section 21145.04 Subd. 1 Items (k) and (l). These two particular portions of this code address parking and storage of equipment related to the business. For your review i have enclosed a copy of Section 21105.11. You will note that under Subd. 2 of this section concerning residential zoning districts, Item #6 provides for the parking of one (1) commercial vehicle of less than 12,000 gross vehicle weight rating or a fully enclosed commercial trailer on the property. Returning to the enclosed Section 21145 concerning home occupations, Subd. 3, as this pertains to you, Item (a) requires licensing when a business has employees such as yours. This section of code also limits the number of employee vehicles on the property to no more than two (2) at any time. I have sent a copy of this 'Letter to Senior Planner Joshua Doty of the City of Plymouth Planning Division. Mr. Doty can assist you in the application process to obtain a home occupation License. You will need to obtain this license by March 15, 2011. Additionally, at that time you wilt need to meet a[[ standards established under the home occupation ordinance related to parking of commercial vehicles. The license application will need to be completed and submitted within the required documentation by February 15, 2011. 3400 Plymouth Blvd , Plymouth, Minnesota 55417-[132 , Te(: 763-509-5000 s wNw.plymouthrlln.00v Page 15 If you have any questions regarding the content of this letter, you may contact me at 763-509-5445. Sincerely, Warren Kulesa Housing Inspector Copy to: Senior Planner Doty WK:jb M65445ti 15610 9th Ave 123010. doc Page 16 1ii1 ymouth Adding Quality to Life David Felt 15610 9th Avenue North Plymouth MN 55447 SUBJECT: Business Operation from a Residential Zoning District Dear Mr. Felt: March 15, 2011 On December 30, 2010 you were sent a letter requesting that you speak with City of Plymouth Senior Planner Josh Doty concerning the business that you operate from your residence at 15610 9th Avenue North. This conversation and any subsequent license application that may have needed to have been submitted was to have occurred by February 15, 2011. At this time, you have failed to make contact with Mr. Doty. I will extend the deadline in this matter to May 6, 2011. If at that time you have not spoken with Mr. Doty and submitted a business license application, this matter will be forwarded to the Plymouth City Attorney's office. If there has been a change of status in your business or other pertinent information related to this compliance date, please feel to contact me at 763-509-5445. Sincerely, arren Kulesa Housing Inspector WK:jb ihc 5445115610 9th Ave 031511.docx.doc 3400 Plymouth Blvd , Plymouth, Minnesota 55447-1482 9 Tel: 763-509-5000 a www.plymouthmn.gav Page 17 Location Map - 2011039 David Felt Russel Williams Window Cleaning LLC Home Occupation License City Of Plymouth, Minnesota 150 75 0 ito 300 450 Feet Legend 01 C, Comercial M1 CC, City Center LEfi CO, Commercial Office 1P, Planned Industrial 0 LA -1, Living Area 1 0 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LA -R1 F -A LA -R2 LA -R3 LA -RT EZJ PA Public/Semi-Public/institutional Page 18 F I I I I L4- .. .... ............. I I I 9TH AVE I ....... ...... I .......... LU ...... 5; 7- - I .... ......... LU...... ...... I ... I I ......... LA 0 LA -1 LU Cn Z Uz LU z ... 7TH AVE 1--- 111.1 ...... Location Map - 2011039 David Felt Russel Williams Window Cleaning LLC Home Occupation License City Of Plymouth, Minnesota 150 75 0 ito 300 450 Feet Legend 01 C, Comercial M1 CC, City Center LEfi CO, Commercial Office 1P, Planned Industrial 0 LA -1, Living Area 1 0 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LA -R1 F -A LA -R2 LA -R3 LA -RT EZJ PA Public/Semi-Public/institutional Page 18 Hennepin County Mailing Label Map Provided By: Taxpayer Services Department raj 33-118-It-i r 1r'r LLIGC L IN E X RAIL EXr. 1- t laaj I-'61 1791 1 i 1=i I ]73k Ave II I 1 1 1 1 . sari ' raef . ,,s;; I. 1 . 33.1 18.1Z.24 z 161j 5 ''- l•.,, - _-„as-... z I _..._... 1.51 1321 , 1s$I 11;b)(.i 1601 I 1I final ; 1411 ., 1......_..__. 571. ... .... . f3d1.s 1.01 1551 I For mor ainformationcontact: Print Date: 511812011 ]dap Legend: Hennepin County CIS Division Map Scale: '1” = 150' 300 South 6th. Street Buffer Size: 200 feet E `'.. Minrraapnlis, )VN 55,487p Water Major Roads 0s.infaTco.henrepin.mn.us P'at'h Minor Roads Map Comments: Parcel i1 Type Comments Here - Buffer Region elected Parcels r.a HENNEPINwas •r Page 19 tionai Pnorc i f SITE I a y i tionai Pnorc i r 11-1 Imp i dirMiYIi t;1N y''+.:,6..+u.4 ai ..'.: y__'°-• S'tn's'. rF° is,.dE_s, 16 LOOKING NA i F- x .ghxaw 1141. M"v AZ i r 11-1 Imp i dirMiYIi t;1N y''+.:,6..+u.4 ai ..'.: y__'°-• S'tn's'. rF° is,.dE_s, 16 LOOKING NA i F- x .ghxaw 1141. M"v 4 i " ".. .,g,.,, z,, , f , , . - - ,,- , - ".,.. , , .,.. -. -....- . ..:.... i. ,. . V-,,.. ; - I , . . . . . . . . . .. , ., . . N . , - , , ice :, : . - :. . . . . . . . . . . . ", , ; , , ", _ Vii; 1 , . . . . . ,, ,,.,, 4 , , ", , . . , : . . , . 1 . . . : - "', , , : . , . . - ],.; ; , . : . I , , , , ::. , ;: , '. , : ., i , , : ; ! . . I " - : . . , . , .. . I : , r,: ", , . . 1. I . . i .. " , , . I . - . , . , z,-.-,, i , , , , , . . I ,_ ',.,,,, I. . . , . , I , , . I , . I :, . , I . I I I b I , r _ , .!, 4. . L -1 ,% 7, . ,.. . , , . .; . . U 14i, i, I c A . , .n . I : ,..: ...... . . . , . , ,7 , - ..r ,. : 7. 1,.. I I .'. ':.' '.-.a:' . .',. ": ": :.: ---, I ,., - 'I, .' j ,- : - ,..,. - jsz,;!,,Z 1, . li. I , If . , - w . . - , , : , ! , . . . , . . 7 , , , - , :: ; .: . ,F, r , I I - " , .-. I - I ,. . . " - -- , ,,-, Y "I.. , . : , , , ,,! i ,, S , , r. _ gr ., ! !, l y " . r ., . -.. ,., , : " ' NI . -1 : ,,,!, . , , , I L.. jwl ,„,` i; .- .! : ,,V , ” I 1. - 1. 4; - .;:i ,., ,;..,, .. : : : 1 . . , ,,_. W .1 .1". 'r," ,,, - %Tt , . , I . i . r , - 1 -., ..: ... - . , . ".,_, , rP, . K.,, c- ..,.,r.; - . ,- .", . ; - : : j ,. -,;:,j ..... . , ,- S. - 1,1, , ,., , .1, ,,jl; ", 1. -, . , ,. ,-. , . 1-11m. :l .. r `-". . - ,,, .,. - , . I , 11. 1. i, -,:,,,:,, 11 . ' ;:: ; r:, "" j'! :!':`,`,.:'j'j. '";.: ,. I ' ,. ' _, : , - , :: , !4, . : : , . . , -- .. . . , . ,. I , " ; ,: . . , . r - . , 5 " , :-i, - , :.. ,,.... r. i. .. , r,: ,: .,. I .. ...,.. . Il.' ! ,7'. e4,.. i —'-w .,. i , . o ,.; ', - 44 4 -,; -,.. ,,; ,,: -.. , .. ....- I 11 Y.' 4 1 ,,;- ,., r , - " ; ,,,. ; , , . ,; , - , . - - - .. i % . .;. , , .'r .,, -,,, . , -; -.t ; , . "" . , . ,..,.,,,,,,,,.. rr,,;,,.j - u.,:, 7. : ; ., L '- I .. ; I "', , ,,,:j.,,r , " . , .j. 1 . ... .. I , . I . . , . . ' . . , " , , .,. . : . -- - , , ,;,, :,i ., e,!4, i i ,., ;.,,;-w , , - ,,., ;, :',-;;:i.).,,",..,-r.'7.:,,-,:g;..;.,-`,rT ,,,.,,, 1,,. " ;, A ---" r 'y r, ".,r. . . I . . . . . , , :, , r.;r - - . p, . . r .. . , ,: ,.:,'L,.E'.' -L ,' .:. . . :. , ,. .... .I. 11`1,1;.lo , .. -,, 11 .4 , . ,-,f -',.".,,ql:;-,!.".,i?:.4;,,., o ;;. . v, .,,:, ,. I . . - . .A, . . ., . I . , . . ,,..,;Y-,, .:..,, :, ,:'.` , ,' L ,'' , ," , ". - . " j . . . Ll , " , ," z . o .. . - r. " ." -.- 'I" t, LJ,,.A,.,- - ,.I;.,,5;-,. ,-,:,,i-,,,,,!y:;;:'.j:i.i','.!','',-,",';;, ', ,.',- L ... "''--"".,,,"l',,,,.,L-.,:, -- . I ", . .. . J , , , , i-; -,;:, L ,, , r,%,, - ,,, . ,-,.,,;i,;C,, _ :4,,, n,l- ,rh,:.,, ,- , ,, , - - -!,, .- *lcl,,,., el" " 4, 1 rv. .- -j . , . , , . ,.,;,. _ .,_ ,5 .. . I L. W .' ' . I , . .. . .,. . I- -,,,- .!- " . Iv: ""g,-- ,.,!!,,,,,.,,,,j,., 5,-T,104(!.,,.-p ,'- , 4 I I I < 1 , , , . I . t'.L. 1, . , 1',4 ,, :,.,'-, .1 ,: ", .. ; . . , . , .., r - I , . ... , . , j, . , " , - " V!; ,'.'!7""',-g ;,-, r _' , , . , " ; ,, k , :;,. ,,, 4 .! k .: c 4 ,, - ., . I . P. .11 - " 1 I . " -"'::`l'M-' ? I I ,. . - . . k , , I .., .1, 1, . _ . . 'r ,. :, a ., ", ". .., 4Ngr ,.L , r mss, Q9,", :, , r,,,- 1 , , jL ,,, ;0j X v Q, . ic :1.1 1 ..... . ,. . . . ,. .. . :, '. ,'L', . . f 1 '7 : . - ' F I I . ". - . .., " ;,. .g -," N ... . ... I , ,; ,-,,,, F , ',-;: ff Z1, , - . , . . . - -1-M - p I 11 I - " , . - IIL . I I - .. I , ];'.7;'.1, ;j Lj,., " - ,.,1 0 I . g, I . .. q A,gg- ,,,,,-, , F. , -:-. -, , . L "r . j -,-,;,Piqz ,r) ,m ,,,, , . ,.: 4, ,,,,." . " . . ". ;. . . ,fW-.Z,f k.,,,!;e,,. , .1'.., 2, -!,-,. ,.,^,%,!lk:, -,-, ,-. 'w'a."A.:. -V,17.4.L. _ ,-i ,, ,i-.-,,,. .. ' . , ! , W - I. . 1, _-. ., r . I1. q,,,, i f *q ' L . . - . .. ' , .. r .. r '- ., r _ l _ , ," - . q . , - , . j-, - '. , .-, .. .. , -. - - - -L , . , , ' - r 't I ,, . r , ,.j , - 4 .1 :A. , - 5A,- ". ., , , - - , . .. I I 11 . ;---,'-,,',,rr ll lr,-"' -- ,r , , " -,- -. L, 1,'. . I .1 . F, 1.1-1.11 L , 7 . : . . ,fr -, ,, "NM', I - , . . x .."p, 'r", 11 I . 1, ,. I , . , I , . I. - , . . , . - z, " I _ , M 114. In"',4 , ,, .. ., 1 .. ,,,!,g4. v . " '. 4,-,;p,-.l.-,F,, P!,,,,.!`t,,,,,W -1 , , 1 - - "' .,,, -, ; . , I . ' !. L -,.,,, , Wft- ? Wr, ,fi - - . , .1 -,6,1;, _ . .1"t.. ,, - - -.-, . .. .. , _; , I , . , - ,,,,-!.,,!Q ,U g I 11 I . ,: I . , :, , ,%. " .! I _LPP, , t, 'u'. " , . 5. ,,I,,,,, --m--w-,. ..-,, "I - , ,- ,r ,-lP,,,,,P4 U , .. ,. - - - , ,!_ .! I-., 1 . . .... 11.11,. - ,,, - - j: - L,,'., ., I . .. .1 ',,,,, z I - ' p. I'M - 'R,-, ,; --- -, j - - - - - . I . . , . . .. . . ,,, . 1 ,.,, , ,,, ,ru ,;,,T r ,. " . . - I I - ,. ' i T x k r 1-111- .,-", g,.-,,bl ,. , ,r,M,,,.2,j"' -' 4' ' ly ,: - , - ,,, r , . .. - , I . . .. -. 1, , I , . V, I , : . , .. . . ... ,- . .,. 01. ,,,, _ _ . .. . 1, t, ., R, . - ,, 11 .11. , - A,,., , p . - , . .,.. - " " , . . , - -, , " -, ". , - , .v,': .. . . L , I , I . . r .- - , , , 1. 5e - - , W, -. 11,1. .: . r,,, I . . . .. I.... - .. 1 1 I lq 10 - v I , "I , I . . - , , r I -, -, 1 1, - , . , ,.,, , "I - L, , , , " I , ", . r. , . , ' . . .. . . . I I -":. -1. . , , - - - lk . .. . .. 1 , I - - ,,.. ." 1. I& , ." I ,, "I lol.i:, ;. i w . - . . 1 . 5 '... . , ,11 437 , L r.. , ,"'. ,,,, L - ] ,"- ,: L, 1, '. 1. , .1 . 1. , . . I , --, ': ," -. . , - , - _ 1 , , 1. j , . .. 7-'-., I . . , II , ,.. , ' , .." . . . . " .1 . ,.. ; , I ,. % I . . . I . . :- . I , ,: 1, , , ., r,; ,.r ,; - :;. .. I . I . . r ,. . ,. . _ . : -. I. ;Z.L . 1. , - . . .. L 2 .' . L " I I .. L: -, . . . - ,. r -' ; . ,. I .. ,,- 1. 1- - : " - . I, ;: - . : . . r j r. : , _. . . .. , ji, Q . f , r., -, .,-. L I . , - , : - " r% 2 ,7 r . 1. , . , '. , .-, . 1. ,., I - . .. .. I ,--;: 1. . . : 41 ., : . . ... ' - . ' r' L I - , , -,.,,5 I., ill i rli4 . , ,;, , , r . , ' ' " r .. y '. _ ,.- " - ' I - ,. , . , . - - . I? 2. 1 ., . I . , - ( I . .. I ,. 1 . . , . . - .. , 7' ..:., , - , L . . , ", ..., . , - -,.-- . . - 11, L .1. ,,. . I ?- 1 : , ,; . , ,: .." ,,,, .., 1 , I - : . - - I . ., 1. I f -,,`,, J. , I - . ; ,. . I : I . . i , V . . . ,. :. I ,/ " - .,t.-.. , ., I , U ,. - .. '.. *. I , .. , , . - ." ,. I . i - I , , , . _. " -. ,'- . : . . r . , , ".., I , . , .. , . k'.:. . ; ' " I - , .. ,% . : I - . . -- " j . I , I - I : , , . :1 , I ,; . ;,: .-.eL' -r - .. . . .. 1! . 1 . . ,' ', - . li II r , I ; I 1 . "". , 7 - . , c,., ; . I . . . . - [ ! ,.. ,, r- 4 L71 .1 .. max.:' - - 74 L'. " - ' ' % I . ' - LL lz , , I . I . - . — 1- .- - - I r . .. .. . 1—--L=IL—L—' 11 , 1 , 1, I I I p--,,-.;!,,;,,:,- 1-1 11 .11, 1! ! - I I z, . I I -,- j, I , I . f . I I . . . I i , 1, . M , aon - -...---.-.. 7-.- IN no - I.. — - m - -: I . . ..j,,;,,l,,.,,, jV,.,. . ... . ... -,- -,..,,,; !, I MAL" . .. , ","t, ,, A ,,, , I,- . 1, 4 11 , jij,.,-' I I ". . zn. IR . F, , . . Y , "::..,. iilill - .:_. r .... I -"..., - - i -- ---- 1, , r , .---- , . -, i . i - I , , .. WO -!1- 3!, - Kq, J,,.,r. , .,, .r . , g. & . ji , . . 11 W-14.%l . - rl I. Iill 'L -, I , ,;, ! i - , r , L'_ --; Zn;, - . , I , . C3`- - - I r .' -' "':' ' . . ill ,. ,—$:. , .., ' s. , I - , , , r - ., ,. . , . , , I- I I - . I - I , - I . . .. ... . . - - ---. mmmmmpw .,!L w ,., e, i 114- .ii.i. , , ,. 1. I I 11 I . . . . . . . . - : , .. ";" , I I . . 11, , 1, 4t,r . . .. . ... 77 7,.. - - , - ,; . . . , 0 — 7,- - . I - I , 1', ' -. ; , 1 1. V, I , V1. 1.1 )":, . -, 11 . r., --- . , 1:1 L.:,'-'j: 2,-,,.' 4 , , -, r , r,; ; '.,' - ,,c'. f - ,1',.L.',' ,,j'...;"'-:" L, . 4 -- ,-, - U, 4,-, ,-,)., I , ' , ',: , ,,, .. . 0,, ` . 7 ., , .., . I : . . r , , , _ ' , , ,- . - , I ; ' ; L .4;', r , ,i, ;'.,! ), ,,i , : ,L , - - t , i. p Z,- 1'," ,r,.': ,,. , ,,.,,, , ";, . 1 ,,",. I , ill. 1; .. r k kI I - . . I , - - , ,. ,. .. Z.." ,:' L!", .:" , -'-"":;" L.:- 'Z' I , . ,, ,.,.,g -,,, M, r-, -, . '' ., . I . ."- 111 , -;. L"." '.; . ;,,.,. : r-. " - "', , ,/., ., , t" ", ' "' .' '. " '' ow* , I j ,.,.i %. I . L . ,, , . I .. ., , . ! ! L . ;j ,, A. , I,'--,',.'),.,. : ....,.. -. ".. , , . I.. . , . ,. . I .1 . . . . ... , I , . . r L . . . .11 , -. t t6 , ' 'I - , ,. , L , , , ,",:. , ' . , 'L L ; ,t - - ;!:.::, , . : ! o.". - ,-, , , L ' , ', , " . ' ; ', :. ,-.,i, ,. : . 1 , . I L 0,0 I I : ': .' ' : ," r ". - ' ' "' . ,, , r ,:. . i , , , % " . 1 " , '.. ' ,., %.,!,, , . . , ,. I ,,, , I., , :I , I ". . : I I . I L I.", , , 11 .. :,., , . \."., , i:, L' ,. . r'. " L - I .., . , " L '" L: . ,.,.. , . . , . . . . 1 , .' ' _ . . , , .1 , L , - , . . . ; , 1 . . . - . . - I , ,-., E , .. , , , ) " ol, :".. . , , I ,. . I , , , , , , ,"r-.,: ", , ", L ' 1. , ., ,.. , . , . , ,.:, ", 1, - - _'. .; , , ! I .", I . . : . ' . ' ' . '] ' k " . L " ,. , % : .. . . - L -, ' " ,. ..... . .. , r ,;. . 1 . , . ' ,. L , , ' -:, , ., , : : . . I -, , , . .. -L" - , , - - ' I , I ' .' : ,. ; I ` ' I i..... .., . .. 1, - . , I I i , L . . . . . . ,. ' I, ", . , . . , , - 1 ., , , . , , " i,: ,7.,4'j I ' 1',,... , I \ . ..' , I L ' . %..,;L. ',. .i. . 1 L,,L - , ' , Ir - ,,, ; ' : .1'. ' ; , , " " -, . 1 ' i,.,: ` ' - , . ... -. , . , . , l, :! ... rl,, , r . , ' ' ,", , , , .. , I , L " " . :'. ' '. . I ., L 1 : ' r` ; ' ' I . L - ' . , . '. . . 1. . . ,:-: L " '. L; , " ' ", " ' ,. , , . I , . l-, 't , j,. - .,.''t', ' , L, I' - I .. .., .: ..L ,1 ... , 't, , A .' L ,, ,'. _ 1 ' . . '.' . " . L , ' :. . ( ,. _ . . , ,' , ' r I If L , , L, . , ' . ,,i,,y I . . . 1, . . ,, . . . 1: : .; .", , . - , ,! , , .; , . ,, , Ic . I . , - , I ,V, P, ., T " , , - ; ,-, 11 , I 1. , I " . , ., I , .. .- 14 .1 .. , . , .. , I I . IF , 1, - : ,. , ,.,,., ,,,,,r..., :v,,, S. 1. I , . . 6. . , L,, . - I I I I , r . . . . I v , ,., ,. , .1: ., 1. - :6 - I , ., , :1 L " I , j ' . _. -'. : "' L' ,', 'f, ,, ' ,, L , . , i ' , , ., . , , ,, , ,f, i -.-, , . , r., ,,.'- ": :' ' ' - ' I ' ' ' ', ' r' ,,' ' I' -'.. . ' , ' ' ' ' . , '. ' L , . .. I . .. ' Ll . , ,Z . i I . . % , ., . . L i j " .. , ...: "' ' ' " : 'L : . J I : : r , ' .. -Z ' " lelL , ,,. , , , , . , , ' .,..,,. , , " T, .. II , ,,.% \ % , " I . ) "," ,, ,.-Z,, ,l. r , k . ' : . L t ") , " - - -.,, . ,,Cz. ,,`; . . 1 .1 ,,, f j r ., t L , - 1 ;,,, , ." ... - . , , ,. ' ' , , .' j. ", . L I .1 . - ,-: , , , . . 1'. . ', ij , , , , . ,,,-,.,-, - , -- . ; - ' js , , , ., ;. . . . V 15 'I'L, ,.. ;. .. L ... , ' ,, ., . i , , , , , "', ; . . ,;.. , , I . . . t I I :.,,. , .) 1. I : ,, -,,, , , . , -;"',. :, " ,: . L ,,, 1 ) , j r' ,.- .) , , - , ... tl,- . .. , ,, ! p, , .. I . , 1; . . .1 . ,, r , lj , . F, .. I .. ,j 1: . : . , , :.., . 'I, , I I L, 1. , . .1 .,.. . , ", . k 41. .: ., ,!. I " - . , L' , . I, ;.,,-: I - I " ,. , - , I I 1 -,., . " I - l ,.,, ... I. % , ' ,, ',! " L , .,, . I .. ,. I ,,, q -1, , : "'. ,;. .1 i . . . i,.; v ., .. ,, ll . ., 1".. , , ,. , , -L , - .. - . ." r . , , , 5 , ,L - , .p . ,. .. ' r: '., : , .,. . , ' .. .' . , . T , ! . . , , ". : , , , . . . . - ., . . . , , ! , " I I L, , L1. . j i . i I . . , - I', .Lr , , . I.' . 11, , "I - .,.i , . . ! , : : i, I . , , . , , , -- _ , . , , 2 , , , ,; . .. ,;, " , . .. . I , . . ", 1 - .O." 11, . i , . . . . , 1"; 1 - "', -, , .". , . ,. . ,;. - I , I . . 1, 1; L , . ,., , l.: , - - ,,. I I , , . -,, - - - ., - - , , - ll " ., , , LOOKING NORTHWES1LL , 1! ll!h .. - .,., ,,:li,. ., -,-L'10L ,.. - 1'.. ,;' i,,liTI. .- \11.3. W11--.. i ,--:.,, ".-,, , I . . . . : ... .1, , I ,. - . I I . .1 ,,.. . ', .... . % , , ., ., ,. . . . ' -' ''!- j '",—,,:,- 77-7. —,., -: I 7 -,-.T----, 71 ;-- --. — -- 1 : ..: . , — .,; - S. .. . .. , , : , i . , I" , I ... " ,,,,,;, . -- j,-. I. .' L'J"' Ii. ! :--., -. ,..: . I I , : K,I.! ,,,.- - I 1. , , , ., ., , . , " I , .. 1 L I , .,, 11, ,. j:4 . " ... " : , L ' . I . ,. I- I 'IN . . ,. . . , . - 1 ". - - ,.,: , ,.., -''' '"i. - " :, , - " .T; ,,:A , l P t,, k , ., , . - , - . I - , . . , . , . L r "'. '; , , , , - , - . ' r" 1, , r,,,,,;., ..,,Lj - ' 1%t'.,,,., ., , ' . ' 7 -r ' ". , ,, I , , , . . .. . .. : . : 1 , - .:- . k , 1. ,,,. , I . ; .,%,!., , ., ,,. .1 .. ,, . I . , , , , . ! j ' L "' ',' "". ' ' r . , . . , "..: . r " . 7 I 1 . ; , L, , I V, : I , . ; C fr • ' of Y t . It f ; h 4 .' ;'-Xy 1 i ,` Y h31$ c h T' rl x '"W Ss` Y W'a, may [Y4 t :•, xs - -. d i n r' E 1 I I Ftii r , t I 0KING CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION APPROVING A HOME OCCUPATION LICENSE FOR DAVID FELT TO OPERATE A HOME SERVICE BUSINESS NAMED "RUSSEL WILLIAMS WINDOW CLEANING LLC" OUT OF THE HOME LOCATED AT 15620 9T" AVENUE NORTH (201 1039) WHEREAS, David Felt has requested a home occupation license to operate a home service business from his home at 15620 9th Avenue North, legally described as follows: Lot 6, Block 1, Vicksburg Forest First Addition, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by David Felt for a home occupation license at 15620 91h Avenue North, subject to the following conditions: 1. The home occupation license is approved for a home service business in accordance with the application and plans received by the city on June 3, 2011, except as amended by this resolution. 2. Compliance with section 21145 of the zoning ordinance, relating to home occupations. 3. The applicant meets the general standards for home occupations and the specific requirements for home occupation licenses. Specifically: a) The home occupation would be clearly incidental and secondary to the residential use of the premises, would not change the residential character of the neighborhood, and would not result in a disturbance to the surrounding uses. b) There would be no use of equipment that would cause electrical interference to surrounding properties. c) The business may employ others provided no more than two employee vehicles are parked outside, and provided all employee work activities related to the home occupation are performed off the premises. d) The applicant would use the driveway to accommodate parking demand. On -street parking shall not be utilized for parking demand. Page 25 Resolution 2011- 2011039 Page 2 e) There would not be exterior storage of equipment used in the home occupation. f) Less than 25 percent of one story of the home would be used for the home occupation. g) Less than 50 percent of the attached garage would be use used for the home occupation for storage of equipment. h) No person other than those who reside in the home would be employed on the premises. 4. Approximately three times a year, a work crew would come to the house to pick up a 40 -foot ladder. 5. The home occupation license is valid for one year from the date of approval. The applicant may apply to the zoning administrator for renewal of the home occupation license prior to expiration of the license. ADOPTED by the City Council on September 13, 2011. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed city clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on September 13, 2011, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the city this day of City Clerk Page 26 rp) City of Plymouth Adding quality to Life REGULAR COUNCIL MEETING September 13, 2011 Agenda 6.04Number: To: Laurie Ahrens, City Manager Prepared by: Shawn Drill, Senior Planner Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, Community Development Director Approve a Conditional use permit to allow a sports Item: and fitness club in the I-2 district, for property located at 2060 East Center Circle (2011061) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a conditional use permit requested by CrossFit SISU and Jason Massie, as recommended by the Planning Commission. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: On September 7, 2011, the Planning Commission conducted the public hearing and subsequently voted unanimously to recommend approval of the request. The applicant was present in support of the request. In addition, one person from the public spoke in favor of the request. 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 and mailed to all property owners within 500 feet of the site. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Resolution Approving Conditional Use Permit P: /CommDev/STAFFREP/C C/2011 /2011061-CrossFit-SISU-CUP-CC Page 1 Draft Planning Commission Minutes September 7, 2011 Page 2 6. PUBLIC HEARINGS A. CROSSFIT SISU, JASON MASSIE (2011061) Chair Davis introduced the request by CrossFit SISU and Jason Massie for a conditional use permit to allow a sports and fitness club within an existing industrial building for property located at 2060 East Center Circle, Suite 2072. Senior Planner Drill gave an overview of the staff report. Commissioner Petrash asked if each tenant has designated parking spaces. Senior Planner Drill responded that there may be a few parking spaces that are reserved but the majority of the parking spaces on the site are available for any of the tenants within the building. Commissioner Petrash asked if the city has any responsibility for designating parking spaces. Senior Planner Drill replied the city does not designate private parking spaces to individual tenants. Chair Davis asked if all the other tenants in the building are industrial. Senior Planner Drill responded that there are a variety of uses in the building. He said there is some office and warehousing that is more industrial related. He said that it could be argued that Camp Bow Wow, also in the building, is not an industrial use. However, dog boarding facilities are only allowed in the I-2 district, so in that sense, it is an allowable industrial use. Chair Davis asked if available parking is being used by employees or customers coming in to the building. Senior Planner Drill replied that, except for Camp Bow Wow, most of the parking is for employee daytime parking. He said that there is not expected to be a lot of conflict with the parking spaces. Commissioner Anderson stated that many industrial buildings have a truck court or dock door. 1 -le said that this particular building does not appear to be set up for large trucks. He said that he wanted to make sure that there is not a conflict between the trucks, the truck court and the parking in the front of the building where customers will be coming in and out. Senior Planner Drill responded that this is a multi -tenant building and some of the lease spaces are fairly small. He said there is not a traditional truck court with loading docks but rather most of the spaces have an overhead, drive-thru door for deliveries. He said that in this type of setting, there are mainly smaller trucks that do the deliveries. Chair Davis introduced the applicant, Pat Crosby, representing CrossFit SISU. Mr. Crosby stated that they are very excited to be moving from Wayzata to Plymouth. He said that this would be a big change for them for their business. He said that they are confident that the space and the location will help their business grow. Chair Davis opened the public hearing. Page 2 Draft Planning Commission Minutes September 7, 2011 Page 3 Chair Davis introduced Dan Parks, 2630 Zanzibar Lane North. Mr. Parks stated that he is a member of CrossFit and that he supports their application for their business in Plymouth. He said that they offer excellent service and would be a great addition to our city. Mr. Parks stated that this is a pretty simple conditional use permit application and the only real issues for review has to do with parking and hours of operation. He asked if the city would consider streamlining the process for future applications that are simple like this one. He said there are no exterior improvements to this building and asked that if staff is entirely supportive of a project and it doesn't include any big changes, if there is a way that city staff could simply be allowed to approve this type of project. He said that in this case, he questioned whether or not the approval and hearing processes really have a benefit to the community. He said that this process seems somewhat onerous based upon the size of the project and perhaps there is an easier, quicker way to have this type of project be approved in the future. Chair Davis closed the public hearing. Senior Planner Drill stated that, with respect to Mr. Parks' comment, the zoning ordinance requires a public process rather than administrative approval. He said that to change the review process would require amending the zoning ordinance to make this a permitted use in the industrial zoning district. He said that although this particular case was not problematic, there could be situations where the setting and context is different and there may be more issues. He said if the Planning Commission feels a change is needed, they could direct staff to provide a report on the matter for future consideration. However, he said that at this point, he did not know that staff would be able to support such a change. Chair Davis stated that City Council should make that direction. Commissioner Petrash stated that the public process provides a forum for people in the neighborhoods, or surrounding areas, to come and raise concerns. He said that it is not just the Planning Commission, as there could be people who object or have other issues that we are not thinking of and this is the forum for that. Commissioner Anderson stated that if we change the rules to say that a conditional use permit for a sports and fitness facility is not required, the city would not have the opportunity to address potential issues and problems. He said that the required hearing process is set up to catch situations where a particular use is not going to work in a particular area. Commissioner Petrash stated that allowing staff to approve such applications would need to include benchmarks for size, etc. and where do you draw the line? He said he didn't support such a change because it would eliminate the public forum for residents and business owners. MOTION by Commissioner Anderson, seconded by Commissioner Pet -ash, to approve the request by CrossFit SISU and Jason Massie for a conditional use permit to allow a sports and Fitness club within an existing industrial building for property located at 2060 East Center Circle, Suite 2072. Vote. 4 Ayes, MOTION approved. Page 3 Agenda Number 6 . ho File 2011061 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: September 7, 2011 APPLICANT: CrossFit SISU, Jason Massie PROPOSAL: Conditional use permit to allow a sports and fitness club within an existing industrial building LOCATION: 2060 East Center Circle, Suite 2072 GUIDING: IP (planned industrial) ZONING: I-2 (general industrial) REVIEW DEADLINE: November 24, 2011 DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit to allow a sports and fitness club at 2060 East Center Circle, which is zoned I-2. Sports and ftness clubs are allowable in the I-2 district upon issuance of a conditional use permit. Notice of the public hearing was published in the city's official newspaper and mailed to all property owners within 500 feet of the site. A copy of the notification area map is attached. Page 4 File 2011061 Page 2 CONTEXT: Surrounding Land Use and Zoning Previous Actions There are seven industrial buildings located on the site. All of the buildings are operated together under the same ownership and management. The subject multi -tenant building is located in the southwest corner of the site. The building was constructed in 1979 and contains roughly 72,000 square feet. Camp Bova Wow (a dog day/overnight boarding use) received a text amendment and conditional use permit in 2007 to occupy one of the lease spaces within this building. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a conditional use permit is limited to whether or not the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards, the city must then approve the permit. However, the level of discretion is affected by the fact that some of the standards may be open to interpretation. ANALYSIS OF REQUEST: The applicant is requesting a conditional use permit to allow a CrossFit SISU sports and fitness club at 2060 East Center Circle. CrossFit SISU would occupy Suite 2072, which is located in the central portion of the building and contains 4,189 square feet. There would be no physical changes to the site. The applicant has indicated that classes would be held 6:00 a.m. to 7:00 a.m., 11:00 a.m. to 1:00 p.m., and 4:00 p.m. to 8:00 p.m. during weekdays, and may also be offered at various times on weekends. Class sizes generally range from 8 to a maximum of 20 participants, and only one class would occur at a time. Classes run for one hour. The zoning ordinance requires 14 parking spaces for this use. Based on the other uses within the building, the zoning ordinance would require a total of 109 parking spaces. There are 170 parking spaces related to this building, and an additional 324 parking spaces available on the overall site. Consequently, the proposal would comply with the City's parking standards. Much of the parking demand for this use would occur during times when the other businesses in the building are closed. The applicant is proposing to relocate to Plymouth because their current location in Wayzata is being redeveloped. Page 5 Adjacent Land Uses Golding Zoning North, South; Industrial IP I-2 ast &'West;; planned industrial) general industrial) Previous Actions There are seven industrial buildings located on the site. All of the buildings are operated together under the same ownership and management. The subject multi -tenant building is located in the southwest corner of the site. The building was constructed in 1979 and contains roughly 72,000 square feet. Camp Bova Wow (a dog day/overnight boarding use) received a text amendment and conditional use permit in 2007 to occupy one of the lease spaces within this building. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a conditional use permit is limited to whether or not the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards, the city must then approve the permit. However, the level of discretion is affected by the fact that some of the standards may be open to interpretation. ANALYSIS OF REQUEST: The applicant is requesting a conditional use permit to allow a CrossFit SISU sports and fitness club at 2060 East Center Circle. CrossFit SISU would occupy Suite 2072, which is located in the central portion of the building and contains 4,189 square feet. There would be no physical changes to the site. The applicant has indicated that classes would be held 6:00 a.m. to 7:00 a.m., 11:00 a.m. to 1:00 p.m., and 4:00 p.m. to 8:00 p.m. during weekdays, and may also be offered at various times on weekends. Class sizes generally range from 8 to a maximum of 20 participants, and only one class would occur at a time. Classes run for one hour. The zoning ordinance requires 14 parking spaces for this use. Based on the other uses within the building, the zoning ordinance would require a total of 109 parking spaces. There are 170 parking spaces related to this building, and an additional 324 parking spaces available on the overall site. Consequently, the proposal would comply with the City's parking standards. Much of the parking demand for this use would occur during times when the other businesses in the building are closed. The applicant is proposing to relocate to Plymouth because their current location in Wayzata is being redeveloped. Page 5 File 2011061 Page 3 The Planning Commission must review this request for compliance with the conditional use permit standards, as outlined in the zoning ordinance. A copy of the standards is attached. Staff used these standards to review the request and finds that it meets all the applicable standards. Specifically, the proposal: 1) would be consistent with the comprehensive plan; 2) would not endanger the public health or safety; 3) would not be injurious to other properties in the vicinity or the city as a whole; and 4) would not impede the normal and orderly development of nearby properties. In addition, the site is adequately served by public facilities. RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit for CrossFit SISU and Jason Massie for property located at 2060 East Center Circle, subject to the conditions outlined in the attached resolution. If new information is brought forward at the public hearing, staff may alter or reconsider its recommendation. ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit 2. Applicant's Narrative 3. Conditional Use Permit Standards 4. Location Map 5. Aerial Photo 6. Notification Area Map 7. Site Graphics P/CommDev/5taffi-ep/PG2011/2011061-CrossFit-SISU-CUP-PC Page 6 CW1 osl CrossFit SISU is a fitness program ran in a similar fashion to a Yoga studio where hourly classes are instructed by a certified coach with class sizes maxing out at 20 students. Current class times are mainly before and after regular business hours. Classes run one hour in length. CrossFit consists of weight lifting (free -weights), body weight plyometrics gymnastic) movements as well as mono -structural (running, biking, swimming, rowing). Concrete floors will be partially covered with rubber mats. Walls will simply be painted or left as is. No build -out is required nor anticipated to execute our program. CrossFit is a community driven concept drawing on immediate members of the community,often supporting fundraisers and charitable events within the community and around the globe. CrossFit offers discounts to military, fire,police, students and teachers. CrossFits broad, general and inclusive training is often the sole choice of training of military, police, and fire. Page 7 ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015 -Plymouth Zoning Ordinance fonns/cupsta) Page 8 SITE rp)city of Aerial Photograph - 2011061 Plymouth, Minnesota 260 130 0 260 520 780 Feet Page 10 Hennepin County Mailing Label Map Provided By: Taxpayer Services Department more information contact: Hennepin County GIS mvmv umSouth 6th Street Minneapolis, MN 55487 imuxnmecommnepn.mo.", Map Comments: PLYMOUTH, MN Print Date 7/21/2011 Map Scale: 1^ =4O3' Buffer Size: 50Jfeet A-0 Map Legend: watel Park Parcel 7 Bvffo,Region Selected Parcels Major Roads Minor Roads ' i i OWN 4% HENNEPIN M4w 11 INUUSTRJAL PARK BLVD. Il \ Building A m 13225 Park Industrial Blvd. c rnq 4 4 V me p U W I Building C 2010 East Center Circle rr WE 0* 1or 4I0N NORTH Hanw.. PARK INDUSTRIAL VILLAGE ma INDUSTRIAL PARK BOULEVARD AND EAST CENTER CIRCLE I® Tale am C.1W tr. 7.1 Z4M7 PLYMOUTH, MN N O RT H M ARQS& zoo I'm M426.7W JULY 2051 Wgxde w smi , doPNm xwm Page 12 PARKING CALCUALTIONS: PARKING REQUIREMENTS PER PLYMOUTH ZONING ORDINANCE, SEC70N 21135-11, SUBD. 3 ASSEMBLY: SPORTS AND FITNESS CLUB) 14 STALLS { 4,189 S.F. / 300 ) OFFICE: 32 STALLS ( 7,856 S.F. / 250 ) WAREHOUSE: 31 STALLS ( 60,154 S.F./ 2000 } TOTAL REQUIRED STALLS: 77 STALLS TOTAL PROVIDED STALLS: 17C STALLS oo* ACCESSIBLE STALLS REQUIRED: 6 PER 2006 IBC TABLE 1106.1 4 , * ACCESSIBLE STALLS PROVIDED: 6 NORTH Wow M" PARK INDUSTRIAL VILLAGE Harmn BUILDING "G" mu 1099 T.6. od Td 9524lb.74M INDUSTRIAL PARK BOULEVARD AND EAST CENTER CIRCLE N oRTH N*ARQ9de = F 95205.7490 W ,m mpd PLYMOUTH, MN JULY 2011 Page 13 37_8" 8;TUMINOU5- m111 pit / , INFILL EXISTING O.H. OPENING II 1 INSTALL NEW EXIT DOOR EE DEMO EXISTING WINDOW AND PORTION OF EXISTING EXTERIOR WALL TD 3'-4" WOW I-4"HIGH FOR INSTAUATION OF NEW EXTERIOR DOOR AND FRAME.+• UPGRADE TD 1 HR FIRE RATED UPGRADE TO 1 HR FIRE RATED 1; s, I JPGRADE TO 1 HR FIRE RATED - - 0 O UPG E TO 1 HR FIRE TED NORTH MHansen I PARK INDUSTRIAL VILLAGE Architectural A V 1 1 Group 2060 EAST CENTER CIRCLE BUILDING GmqR'H REPTrom ..,.. -i 6. id 952.126.7., C zoo Fo. fls2.n6+.om>w PLYMOUTH, MN AUGUST 2011 woy oEo ASM imi x _dvgmW...m K:\JOBS\PARK ENDUSTRIAL VILLAGE Page 14 CITY OF PLYMOUTH RESOLUTION N0. 2011- A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CROSSFIT SISU AND JASON MASSIE FOR PROPERTY LOCATED AT 2060 EAST CENTER CIRCLE (2011061) WHEREAS, Jason Massie has requested approval of a conditional use permit for CrossFit SUSI for the property legally described as follows: That part of Lot 1, lying Northwesterly of the Southeasterly 600 feet thereof and lying Southwesterly of a line parallel with and 400 feet Southwesterly of the Northeasterly line of said Lot 1 and the same extended, except the Northwesterly 152 feet of the Southeasterly 752 feet of the Southwesterly 100 feet of the Northeasterly 500 feet of Lot 1; All of Lot 6; That part of Lots 2, 4, 5 and 7 lying Northerly of the following described line, to wit: Beginning at the Southwest corner of said Lot 1; thence Northwesterly along the Southwesterly line of said Lot 1, a distance of 318.17 feet; thence Northwesterly 700.36 feet on a tangential curve to the left, having a radius of 640.97 feet and a central angle of 62 degrees, 36 minutes, 25 seconds to a point 20 feet North of the North line of Lot 2; thence Westerly parallel with the North line of Lot 2 a distance of 144.42 feet; thence Northwesterly along a tangential curve to the right, having a radius of 408.88 feet and a central angle of 86 degrees, 40 minutes, a distance of 500.58 feet to the North line of Lot 4, Block 1, and there terminating; all in Block 3, Minneapolis Industrial Park, according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. Together with benefits contained in a Declaration dated July 28, 1961, filed August 21, 1961, as Document No. 3304252 and as amended by Document Nos. 3338869 and 4578423. 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 Jason Massie and CrossFit SISU for a conditional use permit to allow a sports and fitness club in the existing industrial building located at 2060 East Center Circle, subject to the following conditions: A conditional use permit is approved to allow a 4,189 square foot sports and fitness club, in accordance with the application and plans received by the city on July 27, 2011, except as may be amended by this resolution. Page 15 Res. 2011- Fi I e 2011061 Page 2 2. The conditional use permit is approved with the finding that all applicable conditional use permit standards are met. 3. The permit is subject to all applicable building and fire codes, and to all city regulations and ordinances. Any violation thereof shall be grounds for revocation. 4. Standard conditions: a. Any signage shall comply with the city's sign regulations. b. All waste and waste containers shall be stored within approved designated areas. c. All parking shall be off-street in designated areas parking spaces. d. Subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. e. This approval shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21015.07 of the zoning ordinance. ADOPTED by the City Council on September 13, 2011. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on September 13, 2011 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 16 rp)City of Agenda 6 . O 5PlymouthNumber: v Y Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sara Lynn Cwayna September 13, 2011 Reviewed by: Michael S. Goldstein, Chief of Police Item: Accept Crime Prevention Grant from Target Corporation for Night to Unite and other programs and initiatives 1. ACTION REQUESTED: Adopt attached resolution accepting a $700 crime prevention grant from Target Corporation. The grant was given to support Night to Unite or other crime prevention programs or initiatives. 2. BACKGROUND: Nick Miller, Assets Protection of Plymouth Target, contacted Plymouth Police Department to encourage the Department to apply for a local crime prevention grant from Plymouth Target. The Department applied to this grant in May 2011. Target has a multi -tiered review process. When Target announced that PPD was awarded a $700 grant, it was too late to use the dollars for Night to Unite 2011. The Department contacted Nick Miller to ask if grant dollars can be used for Night to Unite 2012 or another crime prevention initiative. Miller confirmed that grant dollars can be use for NTU 2012 or for another crime prevention or safety initiative. 3. BUDGET IMPACT: Accepting this donation would reduce the amount the City spends to purchase crime prevention materials, sponsor community safety initiatives, or host NTU in 2012. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION ACCEPTING A CRIME PREVENTION GRANT FROM TARGET CORPORATION WHEREAS, the Plymouth Police Department provides full service, community crime prevention programs and sponsors Night to Unite annually, WHEREAS, the $700 Target Crime Prevention Grant awarded to Plymouth will support these programs and services, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation from Target Corporation in the amount of 700 is hereby accepted. APPROVED THIS 13TH DAY OF SEPTEMBER 2011. Page 2 rp)city of Agenda 6 . O 6pIymouthNumber: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Craig Lindman, Police Captain September 13, 2011 Reviewed by: Mike Goldstein, Chief of Police Item: Authorize Reimbursement of Funds to the Plymouth Crime and Fire Prevention Fund (PC&FPF) 1. ACTION REQUESTED: Adopt the attached Resolution authorizing reimbursement of $500 to the Plymouth Crime and Fire Prevention Fund (PC&FPF). 2. BACKGROUND: On July 28, 2009, the City Council adopted a resolution to accept $500 from the PC&FPF to purchase an electronic tracking device and allow the Police Department to enter into an agreement with Minnesota S.A.F.E.R. Minnesota S.A.F.E.R. was a specialized search and rescue program that assisted emergency responders in quickly locating missing children or persons with special needs that were registered with the program. Minnesota S.A.F.E.R. went out of business prior to an agreement being made with the Police Department and the purchase of an electronic tracking device. The $500 check made out to the City by the PC&FPF has been verified by the Finance Department to have been deposited into the City's account and has not been spent. 3. BUDGET IMPACT: Reimbursement of $500 from City funds. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO AUTHORIZE THE REIMBURSEMENT OF FUNDS TO THE PLYMOUTH CRIME AND FIRE PREVENTION FUND (PCFtFPF) WHEREAS, the City Council accepted a $500 donation on July 28, 2009 from the Plymouth Crime and Fire Prevention Fund (PC&FPF) with the intention that the Police Department enter into an agreement with Minnesota S.A.F.E.R. and purchase an electronic tracking device; and WHEREAS, Minnesota S.A.F.E.R. went out of business prior to an agreement being made and an electronic tracking device being purchased; and WHEREAS, PC&FPF is now requesting reimbursement of the $500 donation to be used for other yet to be determined police or fire projects. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA to approve the $500 reimbursement to the PC&FPF. APPROVED THIS 13TH DAY OF SEPTEMBER 2011. Page 2 Agenda 6.07 PCity of lymouth Number: Adding Q..Wy to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Jeff Swiatkiewicz, Police Captain COUNCIL MEETING September 13, 2011 Reviewed by: Mike Goldstein, Police Chief Item: Accept donation of one Bicep Curl PL -2300 Fitness Equipment by Chad Feeney for use by the Police Department 1. ACTION REQUESTED: Adopt the attached resolution accepting the donation of one Bicep Curl PL -23000 fitness equipment, valued at $2,358. The fitness equipment is the personal property of Plymouth resident Chad Feeney. 2. BACKGROUND: Chad Feeney purchased this fitness equipment for himself, but due to a physical injury is unable to use the equipment. He would like to donate the equipment to the Plymouth Crime and Fire Prevention Fund on behalf of the Plymouth Police Department. He seeks to support the health and wellness training of Plymouth Police Officers. The Plymouth Crime and Fire Prevention Fund is a non-profit, all volunteer organization that works with the Plymouth Police and Fire Departments to identify and develop new initiatives, support ongoing programs, and purchase state-of-the-art equipment that reduces crime and enhances safety in the community. 3. BUDGET IMPACT: If accepted, there would be no impact upon the City budget. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2011 A RESOLUTION TO ACCEPT A DONATION OF A BICEP CURL PL 2300 FITNESS EQUIPMENT FROM CHAD FEENEY THROUGH THE PLYMOUTH CRIME AND FIRE PREVENTION FUND WHEREAS, the Plymouth Police Department supports health and physical fitness training, WHEREAS, the owner of this equipment has offered to donate the fitness equipment to the Plymouth Police Department through the Plymouth Crime and Fire Prevention Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation of fitness equipment from Chad Feeney is hereby accepted. APPROVED THIS 13TH DAY OF SEPTEMBER, 2011. Page 2 rp)City of Agenda 6 . O 8PlymouthNumber: v Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Joshua Doty, Senior Planner September 13, 2011 Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Approve amended Resolution 2008-349 to allow zero Item: foot side setbacks for a natural preserve for property located at 9909 South Shore Drive (2008084) 1. ACTION REQUESTED: Move to adopt the attached resolution replacing resolution 2008-349 to allow zero foot side - yard setbacks for a natural preserve, where eight feet is specified in section 811 of the city code for property located at 9909 South Shore Drive. 2. BACKGROUND: On November 25, 2008, the city council approved a site plan amendment and variances for JGM Properties Inc. to allow a parking expansion on two properties located at 9909 South Shore Drive and 1605 State Highway 169 (resolution 2008-349 attached). The application included approval of a natural preserve for the property located at 9909 South Shore Drive. To date, the parking lot expansion and natural preserve have not been constructed due to economic reasons. The applicant is now ready to move forward with the natural preserve but has requested a deviation from the eight foot setback requirement to allow zero foot side setbacks. Section 811.03 subd. 1 (c) of the city code states that unless otherwise authorized by the city council, a minimum of eight feet of maintained area (e.g. sodded or mulched) is mandatory between a natural preserve and any lot line. The eight foot setback requirement was established to define a manicured edge around natural preserves and to provide separation from taller native plantings to neighboring properties. This application presents a unique situation. The 2008 site plan amendment approved the closure of access from the subject property to South Shore Drive. The road access cuts through East Medicine Lake Park. Under the plan, the applicant would remove the road access and road bed and restore this area to a natural preserve (see attached aerial photos). The natural preserve area is approximately 60 -feet wide by 145 -feet long and is bordered on both sides by an existing natural wooded area. Staff finds that requiring eight -foot wide side setbacks planted with sod or mulch would interrupt what could otherwise be a seamless natural area. Page 1 3. BUDGET IMPACT: Not Applicable 4. ATTACHMENTS: Section 811 — Natural Preserves Aerial Photos Site Plan Resolution 2008-349 Resolution Approving Revised Site Plan Amendment Page 2 Plymouth City Code 811.01 Section 811 - Natural Preserves 911.01 Purpose and Intent. It is the policy of the City of Plymouth to encourage preservation, including appropriate management, of natural areas within the community. To this end; the City will formally recognize areaswithin Plymouth where the City and/or a private property owner find it is beneficial to maintain the area in a natural state. 811.02. Definition of Natural Preserve. Publicly owned lands designated as park or open space or private properties approved by the City which are set aside to preserve, enhance, or recreate their natural characteristics and qualities. (Ord, 2008-08, 3/25/2008) S 11.03. Procedures to Establish a Natural Preserve Subd. l.. Designation without platting or site plan approval. To request natural preserve designation, a property owner must submit a written application to the City. Lands that the City Council finds have merit as natural preserves will be so designated by Council resolution. Ten days prior to City Council action on a natural preserve, the City will mail notification of the pending action to all owners of property within 200 feet of the boundary of the property in question. An application for natural preserve designation must include the following: a) Fee established by Section 1015 of this Code. b) List, mailing Iabels and map from Hennepin County; of names and addresses of property owners of record (current within six months) located within 200 feet of the boundaries of the subject property. c) A property survey that identifies the area to be designated. Unless otherwise authorized by the City Council as part of the approval process, a minimum of eight feet of maintained area (e.g. sodded or mulched) is mandatory between the proposed natural area and any lot line, building, parking tot or related drive aisle, or public roadway or trail. d) A description of the existing and/or proposed vegetation types in the area. The vegetation in the area shall consist of native plant communities or native plantings, as approved by the City. The City will not designate areas as natural preserves that consist of previously graded area with little or no topsoil, which is simply overgrown with whatever vegetation will grow on the site. In addition, extreme slopes may be excluded from natural preserve designation due to inaccessibility or hardship in maintaining the slope. Page 3 rlymouth City Code 811 N. Subd. 1 e) A management plan. Lands designated as natural preser-res shall be managed to ensure compliance with State Nioxious Weed Laws. The applicant shall enter into a maintenance agreement for the natural preserve. The City may require financial surety for maintenance of the natural preserve. f) If the proposed natural preserve would, or is intended to; re-create natural areas on a site (e.g., replacement of sod with native landscaping), the areas for natural preserve shall not exceed 50 percent of the vegetated area of site. Ord. 2008-08, 312512008; Ord. 2009-08, 511212009) Subd. 2. Designation as part of platting for site plana roval, If a property owner requests natural preserve designation in conjunction with a plat or site plan approval, the property owner shall follow the same requirements set forth in Subd. 1(b) through Subd. 1(f) above. However, approval of a natural preserve that is requested with the platting or site plan approval process will occur as part of the City Council approval of the tree preservation plan or landscaping plan associated with such request rather than in separate resolution. (Ord 2008-08, 312512008; Ord. 2009-08, 511212009) 811.04 Duration. A natural preserve shall continue to exist until such time as the City determines that a property owner is not meeting the requirements outlined in this Section or until the property owner requests that the designation be removed from the property. If the City determines that a property owner is not meeting the requirements outlined in this Section; the natural preserve designation shall be revoked and the subject area(s) shall be sodded. (Ord. 2003-17, 611012003; Ord 2008-08, 312 512 0 0 8) Page 4 rID Aerial Photograph- 2008084 ow city of Plymouth, Minnesota 100 50 0 100 200 300 Feet 4 r wx t,. k YdTei u d it y... M RFrt ¢ SITE. CITY PAR 10r yy t 1R Mp r.... i _ .,. .. r o 7* TT / y k, i AF e6 Average Scale: I inch = 27.0 feet Copyright 072007 Piatometry Intemational Corp. PLANT LEGEND A- . — r y (/ O' CRNANENT4L ipCE A u " 8oq!VP'- eiL CWLPELN TREE uiLX' o i 3(yi lr° SGL- PLL 8mUR9m AR•JS *Ob & NxCLT s6xa N NA,rr6 dn,A M PLANT SCHEDULE KEY OTT. LON1es0 NNAE/5071NICAL NINE s2F JRGG, REJn"3 Summary IL IFYSC EME AL N1.1 AS A[REcI[8 ON FUN, xm Fr -SAFEM. L 1 IF N N AND16Pw0Auo 9LRERY.E es Nbl N4roH, ALL PLveT uAT[RpN. ro AUHERe ,G TRE / uTC7 111L GAo Ap1rNrOGw AxNY 1hp. RAT LpLurcno m. IOEASER, EEHENI LINE Lr' SiICIOE AS NITOR ovluluuS SICLcarnrt Sl]H. PEFAC 7MCAb FOR NURK U7M vER490 FERiRI2D0, NI ME pRNNE EAL, 9Ata b YLRp1CN 8 R 6UCK AILtB .TNL Location Full 10,1]6qx Client NCL: LIMJCA pMNSlIA A M' BNB ITal p 1p 1 p( SOUTH 5, SxgEWm IURCxnb6 EpAtN SXYL „pT Rf esLol&p, SGGLE iRCE PL4ruINL6 IRI NNK •^YT •'% r Sheet Title - -' L GE 52,9 SF PwE EN, RELwvfl _ i Re 'To N- 55 R., -1 INPR IrTic SPACES • }.;IIf fi G 6 • l I b ,' p 'e m W / CaISlgrR 0 P —M ME FDR— CW11RA9 W, / J Nt' Y1 PRVEUKMENI Ex,[xc;, crNTnACTCA T6 vefPM1 ON—.— ON MC ! / i i 1) Rje Y.M S.FJRPAA}, O soM R61CV4 L 66. RENEE x§ICNS 5P ES w `r 5rg Po px n WARNING ` n/ r N• Me CCNmx O 5_ WER NL PUBX-I pNIJES. " FOR t S. PIg9 tl' ALL p,oARlAspap aTON CREEDS, CCNC'M PIPES, ;I Es, A•LVES. OR OMER R OR 77 SARUCTURESROP, BEFORE,,AE LIraIC- NE 5154LL PF.G OR coNSlwcnpA AT NL cosi To rnvPrrA. I 4Ned. 11, 2J ITION SITE: WAAECSF, hc.l] AC, 11.99 In rl rF P.x ran.,. we.w.ye r,.rr•r.::,r..,RrprTa„....„., Summary IL IFYSC EME AL N1.1 AS A[REcI[8 ON FUN, xm Fr -SAFEM. L 1 IF N N AND16Pw0Auo 9LRERY.E es Nbl N4roH, ALL PLveT uAT[RpN. ro AUHERe ,G TRE / uTC7 PACOTAIx[N ..N .E: ,,Sap S.F Ap1rNrOGw AxNY 1hp. aFasep } McCombe Rankness EEHENI LINE Lr' SiICIOE AS NITOR ovluluuS SICLcarnrt Sl]H. PEFAC 7MCAb FOR NURK U7M vER490 FERiRI2D0, NI ME AnesbWp, IRG. uaxasr,w.Pw.sola p4ren.p6nra.Yx„ IALp R CLp XAETAOyffi - n Location I 10,1]6qx Client C EF LI, HIGHERALLNGNER 59.598 JGM AGENCY 1 p( SOUTH 5, SxgEWm IURCxnb6 EpAtN SXYL „pT Rf esLol&p, SGGLE iRCE PL4ruINL6 IRI NNK •^YT •'% r Sheet Title - -' L LOHPEI_ „-- SITE 8 LANDSCAPE'I 81NOmin9hN, A1XSG3t L9. 90JeJCCIHQILC ORWE L'P N spm/w,csci'dGc 31 53'E '. T "a tlu RE IOVEE ] mPARx NC SpuES i i 1) Rje Y.M S.FJRPAA}, O soM R61CV4 L 66. RENEE x§ICNS 5P ES w `r 5rg Po px n WARNING ` n/ r N• Me CCNmx O 5_ WER NL PUBX-I pNIJES. " FOR t S. PIg9 tl' ALL p,oARlAspap aTON CREEDS, CCNC'M PIPES, ;I Es, A•LVES. OR OMER R OR 77 SARUCTURESROP, BEFORE,,AE LIraIC- NE 5154LL PF.G OR coNSlwcnpA AT NL cosi To rnvPrrA. I 4Ned. 11, 2J ITION SITE: WAAECSF, hc.l] AC, 11.99 In rl rF P.x ran.,. we.w.ye r,.rr•r.::,r..,RrprTa„....„., GREEN SWCF SummaryL: eE6iF MTlk INrPC,R IFYSC EME AL N1.1 AS A[REcI[8 ON FUN, xm Fr -SAFEM. L 1 IF N NAND16Pw0Auo 9LRERY.E es Nbl N4roH, ALL PLveT uAT[RpN. ro AUHERe ,G TRE / uTC7 PACOTAIx[N ..N .E: ,,Sap S.F Ap1rNrOGw AxNY 1hp. P,•RNINp Ph0u', rwlLwum IW6uIlm,: remcOx ENISTrxG STILLS TO RF FEMME: a rb- AS SiICIOE AS NITOR ovluluuSSICLcarnrt Sl]H. PEFAC 7MCAb FOR NURK U7M vER490 FERiRI2D0, NI ME Location PR OE A INTI N of 6• TNI N ALL ANOSCAFE Mlp uwN AM. siiRA 10,1]6qx 7L'1..iFm•gToFrwnr xo`ar.r p ip,AL H2ABLc BLSc Sp1y,RE Fp 59.598 1 p( SOUTH 5, SxgEWm IURCxnb6 EpAtN SXYL „pT Rf esLol&p, SGGLE iRCE PL4ruINL6 IRI NNK •^YT •'% r Sheet Title - -' L A SITE 8 LANDSCAPE'I L9. 90JeJCCIHQILC ORWEAMINWUTAOF ,' BEPTX s WOND HARpRgLO NULLX RING AROUND FACH DFSC. ]' DECtRwls GWRER ANC. CVCAGRE[N P-1W.TCRgLVEA i, r, IavETnx— - ` r -EE -IININNE. T "a PLYMOUTH, MN TACE resp SHRUBS, TO 2E PN ro RE JWL DR pu, ME FOLPE.1 f C UN STA 1C AWIOLaFIED 1181L LII MIp T8 SPAF[ PIFHI FOR pE51PJELE APPEPNANCE AND CprMLETEpCEA AT A auUliEp ,xaApL'FL, xaelNlEiR I MVH. 41M C1 r PrtF IVPRrnruv ¢ e Iuu NjeCt No. JGM17112 COxIAACiCR IR WATER F— Lwli IAL pNINL IN91ALU1LGI ANC WAwO ESTABUSNNGJf_ y WOOL NOTATE- PFAAJp. V WME OF NATER 10 BE PCA — REWiRENEAT FOR E-1 "'Nr ANp 0158 L Wp'YIX. I' 7PACi A - JW SAE ALT L - RYERs. SITE 8. cpOnRAnu, To N,wRN,ly ALN PUNT NA,ERM FCR TWO -TEARS UPON PILO SITF ARG Cerlliication 4uE ; xNEPo`SLAS` LENLL REW W ,AATFAVJ. SHALL 9N 1ARAMEm Fo YPAR - y re'fv"ERON E,E: 514.K6 SF. (T5.1B M} iFrrbvnmbmnirlr pn.rdPx,b,AnpA rcr¢ummrbrMICIpLAING,- CCN1fuc1OR 7uGSPtsE or HL RF,IpAlS pFl-SI,E, 2 J5u SITFL ]lS•P.] SF. r-, a 1 7AL AIIGN 9nq,gg9 S.F. (11.8 AC) rcmlnl0 mrmtlow— ndrine Nn. tllnevaeN ,w.. S DIVING mPSRPufussLr EPYERSONSIXE', X2'F93USL (10.16 AC'r 71.21 JCp 9.sB19 A F.x3 ut 30TCTG-'l,pi3aa ,F. (I].o,p 4C) rB.pT 3Si' li.'. _,rr... Pwmbuo wxAAoys su FAee i i 1) Rje Y.M S.FJRPAA}, O soM R61CV4 L 66. RENEE x§ICNS 5P ES w `r 5rg Po px n WARNING ` n/ r N• Me CCNmx O 5_ WER NL PUBX-I pNIJES. " FOR t S. PIg9 tl' ALL p,oARlAspap aTON CREEDS, CCNC'M PIPES, ;I Es, A•LVES. OR OMER R OR 77 SARUCTURESROP, BEFORE,,AE LIraIC- NE 5154LL PF.G OR coNSlwcnpA AT NL cosi To rnvPrrA. I 4Ned. 11, 2J ITION SITE: WAAECSF, hc.l] AC, 11.99 In rl rF P.x ran.,. we.w.ye r,.rr•r.::,r..,RrprTa„....„., GREEN SWCF SummaryL: eE6iF MTlk INrPC,R L6lym:e 6ryNNJ0 PACOTAIx[N ..N .E: ,,Sap S.F Ap1rNrOGw AxNY 1hp. P,•RNINp Ph0u', rwlLwum IW6uIlm,: remcOx ENISTrxG STILLS TO RF FEMME: a rb- AS vision MiSio ry oNVN STAuSj T. Ng. E'. 9y suhmlALITpOWl0.= Ip ; TAL SoNME FEZ CF -os: pSE: J, SCUFAE FEEr pT C CE: 10,1]6qx 7L'1..iFm•gToFrwnr xo`ar.r p ip,AL H2ABLc BLSc Sp1y,RE Fp 59.598 r Sheet Title - -' L SITE 8 LANDSCAPE'I f ccnnn:rr SheeiNumher'^R'evisiony xaelNlEiR I MVH. 41M C1 NjeCt No. JGM17112 Page 7 CITY OF PLYMOUTH RESOLUTION 2008-349 APPROVING SITE PLAN AMENDMENTS AND VARIANCES FOR JGM PROPERTIES, INC. TO ALLOW A PARKING EXPANSION ON TWO PROPERITES LOCATED AT 9909 SOUTH SHORE DRIVE AND 1605 STATE HIGHWAY 169 (2008084) WHEREAS, JGM Properties, Inc., has requested approval of site plan amendments and variances to allow a parking expansion, for properties legally described as: Parcel 1 Tract A, Registered Land Survey No. 1236, Files of the Reigstrar of Titles, Hennepin County, Minnesota. All that part of the three following described tracts of land, to -wit: 1. Tract A, Registered Land Survey No. 942, Files of the Registrar of Titles, Hennepin County Minnesota; and I 2. That part of Government Lot 4 lying northeasterly of a line drawn from the angle point in the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition (the angle point in said center line being opposite the angle point in Lot 2, Block 1, of said plat and the angle point in said center Pure being hereinafter known as Point A) to the southwest corner of Tract A, Registered Land Sin -Vey No. 942, except that part embraced in the plat of East Medicare Lake 2" d Addition, Section 25 Township 118, Range 22; and 3. The Southeast 1/4 of the Southeast `/4 of Section 25, Township 118, Range 22, except that pari embraced in the plat of East Medicine Lake 2nd Addition, and except that part embraced in Registered Land Surveys No. 921 and 942; Page 8 Resolution 2008-349 File No. 2008084 Page 2 Which lies southwesterly of a line drawn northwesterly from the northern corner of Tract A, Registered Land Survey No. 1236, Files of Registrar of Titles, County of Hennepin, to a point on the center line of South Shore Drive as platted in East Medicine Lake 2" d Additior} distant 50 feet northeasterly, measured along said centerline, from the aforementioned Point A. Parcel 2 Tract C, Registered Land Survey No. 1567, Files of the Registrar of Titles, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by TGM Properties Inc. for site plan amendments and variances for a parking expansion on two properties, subject to the following conditions: 1. Site plan amendments to allow a 56 -stall parking expansion on properties located at 9909 South Shore Drive and 1605 State Highway 169 and variances to allow 76.8 -percent impervious surface area coverage at 9909 South Shore Drive and 77.9 -percent impervious surface area coverage at 1605 State Highway 169 are approved in accordance with the application materials received by the City on August 28, 2008, and revised plans received by the City on October 3, 2008, and October 28, 2008, except as amended by this resolution. 2. The variances are approved with the finding that all applicable variance standards are met, as follows: a. The circumstances related to this request are not generally applicable to other properties in the I-2 and I-3 districts. Nearly all of the industrial -zoned properties in the City of Plymouth are located out of shoreland"overlay districts. b. The requested variances are not based exclusively upon a desire to increase land value or income potential of the property, but to provide more convenient parking spaces for the tenants in the building located 9909 South Shore Drive. c. The conditions relating to the hardship were not created by the applicant, but rather were created by the original development of theses properties as industrial uses in the 1960's. The applicant would decrease the impervious surface between the two properties and would utilize best management $ractices to treat surface water on their properties. d. The proposal would not be detrimental to the public welfare or injurious to the neighborhood. The applicant would remove an existing access from South Shore Drive and replace it with a natural area. This would provide a better separation from the subject industrial properties to the residential properties to the west. The applicant would also fill in the drive access area with over -story trees to provide further separation. Page 9 Resolution 2008-349 File No. 2008084 Page 3 e. The variances are reasonable based upon the unique conditions of the subject industrial properties and strikes a balance between allowing improvements to occur on the properties while minimizing the extent of the variation needed to alleviate the hardship. 3. A separate radiipermit is__required_prior to commencement of the project. 4. Prior to issuance of a grading permit, the applicant shall: a. Complete a site improvement performance agreement and submit a financial guarantee pursuant to Section 21045.10 of the Zoning Ordinance. b. Complete a City -approved maintenance agreement for the natural preserve. c. Revise the landscape plan to identify a specific planting plan for the natural preserve to be approved by the City and identify the boundary of the natural preserve in compliance with the 8 -foot setback requirement identified in Section 811 of the City Code. d. Remove the outdoor storage on the property or receive a separate City approval for an outdoor storage area. e. Fire lane signs are required in approved locations at the propane tank location, drive aisles/fire lanes on the north and east sides of the building, and the drive aisle between the JGM and Ryerson Steel properties. The Fire Inspector will identify locations on the site plan. f. Revise plans with pipe and berm elevations for review and approval by City staff. g. There is a storm sewer pipe crossing the watermain near the City pond. A minimum of 18- inches of vertical freeboard is required at this location. h. A concrete apron end section is required for the pond. i. The pipe alignment to the City pond shall not impact significant trees. j. Granite rip rap with filter fabric is required for the berm overflow. k. Private drainage and utility easements are required for the storm sewer pipe. In addition, the applicant shall prepare an easement description for that portion of the storm sewer pipe which lies on City property. Submit a detailed sketch of the easements including property lines. 1. The proposed storm sewer pipe shall be at an elevation high enough so that storm water from the City pond does not back up into the pipe during high water or pond overflow conditions. m. The proposed easement for ingress, egress, parking, drainage and utility purposes shall be recorded against the subject property at Hennepin County n. The railroad easement shall be approved by the Union Pacific rail road company. o. Necessary agency permits shall be obtained from the Bassett Creek Watershed District and NPDES. p. Call out the existing and post -construction impervious surface acreages for the Tract C property. q. A registered engineer must sign all plan sheets. r. The total site area shall include all areas in the affected properties. Please revise summary on sheet C 1. s. Add to note 12 on Sheet C2 that the Building Department will issue the permit for the retaining wall. Page 10 Resolution 2008-349 File No. 2008084 Page 4 t. Provide a drainage and utility easement to the high water elevation for the water quality pond. u. An encroachment agreement is required for the water quality pond. The base of the retaining wall shall be higher than the high water elevation for the water quality pond. v. All swales require a minimum 13/4 percent slope. w. Provide a concrete truck wash-out station and show the location on sheet C2. x. Add a note on Sheet C2 that refers the inlet protection to detail ST -23. y. Show a gravel site construction entrance and cross reference detail ST -26. z. Granite rip rap is required at all flared end sections. aa. Add a note to tie the last six sections of pipe. bb. Call out casting at STMH 4. cc. Trash guards for pipe inlets are not required. dd. The 78 feet of 12 -inch RCP pipe is very shallow. Recommend providing more cover over this pipe. cc. Contact the Union Pacific Railroad Company to obtain all applicable permits with removal of the driveway by the railroad tracks. 5. Silt fence shall be installed prior to any construction on the site. 6. Standard Conditions: a. The applicant shall remove any diseased or hazardous trees. b. New signage shall receive sign permits when required and shall comply with the Section 21155 of the Zoning Ordinance. c. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. d. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. e. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on November 25, 2008. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. Page 11 Resolution 2008-349 File No. 2008084 Page 5 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 November 25, 2008 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 / /'(I%/Ll r City Clerk Page 12 CITY OF PLYMOUTH RESOLUTION NO. 2011 - A RESOLUTION REVISING AND REPLACING RESOLUTION 2008-349 APPROVING SITE PLAN AMENDMENTS AND VARIANCES FOR JGM PROPERTIES, INC. TO ALLOW A PARKING EXPANSION ON TWO PROPERTIES LOCATED AT 9909 SOUTH SHORE DRIVE AND 1605 STATE HIGHWAY 169 (2008084) WHEREAS, JGM Properties, Inc., has requested approval of site plan amendments and variances to allow a parking expansion, for properties legally described as: Parcel 1 Tract A, Registered Land Survey No. 1236, Files of the Reigstrar of Titles, Hennepin County, Minnesota. All that part of the three following described tracts of land, to -wit: Tract A, Registered Land Survey No. 942, Files of the Registrar of Titles, Hennepin County Minnesota; and 2. That part of Government Lot 4 lying northeasterly of a line drawn from the angle point in the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition (the angle point in said center line being opposite the angle point in Lot 2, Block 1, of said plat and the angle point in said center line being hereinafter known as Point A) to the southwest corner of Tract A, Registered Land Survey No. 942, except that part embraced in the plat of East Medicine Lake 2nd Addition, Section 25, Township 118, Range 22; and 3. The Southeast'/4 of the Southeast'/4 of Section 25, Township 118, Range 22, except that part embraced in the plat of East Medicine Lake 2nd Addition, and except that part embraced in Registered Land Surveys No. 921 and 942; Which lies southwesterly of a line drawn northwesterly from the northern corner of Tract A, Registered Land Survey No. 1236, Files of Registrar of Titles, County of Hennepin, to a point on the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition distant 50 feet northeasterly, measured along said centerline, from the aforementioned Point A. Page 13 Resolution 2011 - File No. 2008084 Page 2 Parcel 2 Tract C, Registered Land Survey No. 1567, Files of the Registrar of Titles, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by JGM Properties Inc. for site plan amendments and variances for a parking expansion on two properties, subject to the following conditions: Site plan amendments to allow a 56 -stall parking expansion on properties located at 9909 South Shore Drive and 1605 State Highway 169 and variances to allow 76.8 -percent impervious surface area coverage at 9909 South Shore Drive and 77.9 -percent impervious surface area coverage at 1605 State Highway 169 are approved in accordance with the application materials received by the City on August 28, 2008, and revised plans received by the City on October 3, 2008, and October 28, 2008, except as amended by this resolution. 2. The variances are approved with the finding that all applicable variance standards are met, as follows: a. The circumstances related to this request are not generally applicable to other properties in the I-2 and I-3 districts. Nearly all of the industrial -zoned properties in the City of Plymouth are located out of shoreland overlay districts. b. The requested variances are not based exclusively upon a desire to increase land value or income potential of the property, but to provide more convenient parking spaces for the tenants in the building located 9909 South Shore Drive. c. The conditions relating to the hardship were not created by the applicant, but rather were created by the original development of theses properties as industrial uses in the 1960's. The applicant would decrease the impervious surface between the two properties and would utilize best management practices to treat surface water on their properties. d. The proposal would not be detrimental to the public welfare or injurious to the neighborhood. The applicant would remove an existing access from South Shore Drive and replace it with a natural area. This would provide a better separation from the subject industrial properties to the residential properties to the west. The applicant would also fill in the drive access area with over -story trees to provide further separation. e. The variances are reasonable based upon the unique conditions of the subject industrial properties and strikes a balance between allowing improvements to occur on the properties while minimizing the extent of the variation needed to alleviate the hardship. 3. A separate grading permit is required prior to commencement of the proiect. Page 14 Resolution 2011 - File No. 2008084 Page 3 4. Prior to issuance of a grading permit, the applicant shall: a. Complete a site improvement performance agreement and submit a financial guarantee pursuant to Section 21045.10 of the Zoning Ordinance. b. Complete a City -approved maintenance agreement for the natural preserve. c. Revise the landscape plan to identify a specific planting plan for the natural preserve to be approved by the City_ an dent f . the b,.,,ndaf . of the nate,-a pr-eseFve in eemplia o with the 9 feet setbaek feqttifement identified in Seetion 911 of the City Code. d. Remove the outdoor storage on the property or receive a separate City approval for an outdoor storage area. e. Fire lane signs are required in approved locations at the propane tank location, drive aisles/fire lanes on the north and east sides of the building, and the drive aisle between the JGM and Ryerson Steel properties. The Fire Inspector will identify locations on the site plan. f. Revise plans with pipe and berm elevations for review and approval by City staff. g. There is a storm sewer pipe crossing the watermain near the City pond. A minimum of 18- inches of vertical freeboard is required at this location. h. A concrete apron end section is required for the pond. i. The pipe alignment to the City pond shall not impact significant trees. j. Granite rip rap with filter fabric is required for the berm overflow. k. Private drainage and utility easements are required for the storm sewer pipe. In addition, the applicant shall prepare an easement description for that portion of the storm sewer pipe which lies on City property. Submit a detailed sketch of the easements including property lines. 1. The proposed storm sewer pipe shall be at an elevation high enough so that storm water from the City pond does not back up into the pipe during high water or pond overflow conditions. in. The proposed easement for ingress, egress, parking, drainage and utility purposes shall be recorded against the subject property at Hennepin County n. The railroad easement shall be approved by the Union Pacific rail road company. o. Necessary agency permits shall be obtained from the Bassett Creek Watershed District and NPDES. p. Call out the existing and post -construction impervious surface acreages for the Tract C property. q. A registered engineer must sign all plan sheets. r. The total site area shall include all areas in the affected properties. Please revise summary on sheet C 1. s. Add to note 12 on Sheet C2 that the Building Department will issue the permit for the retaining wall. t. Provide a drainage and utility easement to the high water elevation for the water quality pond. u. An encroachment agreement is required for the water quality pond. The base of the retaining wall shall be higher than the high water elevation for the water quality pond. v. All swales require a minimum 13/4 percent slope. w. Provide a concrete truck wash-out station and show the location on sheet C2. x. Add a note on Sheet C2 that refers the inlet protection to detail ST -23. y. Show a gravel site construction entrance and cross reference detail ST -26. z. Granite rip rap is required at all flared end sections. Page 15 Resolution 2011 - File No. 2008084 Page 4 aa. Add a note to tie the last six sections of pipe. bb. Call out casting at STMH 4. cc. Trash guards for pipe inlets are not required. dd. The 78 feet of 12 -inch RCP pipe is very shallow. over this pipe. ee. Contact the Union Pacific Railroad Company to removal of the driveway by the railroad tracks. Recommend providing more cover obtain all applicable permits with 5. Silt fence shall be installed prior to any construction on the site. 6.The natural preserve is approved with zero foot side yard setbacks. 6-.7. Standard Conditions: a. The applicant shall remove any diseased or hazardous trees. b. New signage shall receive sign permits when required and shall comply with the Section 21155 of the Zoning Ordinance. c. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. d. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. e. This approval shall expire one year after the date of approval on November 25, 2008, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning Ordinance. ADOPTED by the City Council on September 13, 2011. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on September 13, 2011 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 16 city of Agenda 6 . 0 9PlymouthNumber: Addin3 Qp bl, to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk September 13, 2011 Reviewed by: Cal Portner, Administrative Services Director Item: Approve Tobacco License Application for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North 1. ACTION REQUESTED: Adopt the attached resolution approving a tobacco license for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North. 2. BACKGROUND: The City has received an application for a tobacco license from Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North. The license application is due to a change of ownership. The applicant has also applied for an off -sale liquor license. 3. BUDGET IMPACT: The appropriate license fees have been received. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO APPROVE A TOBACCO LICENSE FOR THU NGUYEN, D/B/A WANDERING SPIRITS, 3435 HIGHWAY 169 NORTH WHEREAS, the City has received an application for a Tobacco License for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, the City Council finds no reason to deny the application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Tobacco License is hereby approved for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North. The Tobacco License issued is valid for the period through December 31, 2011. Approved this 13th day of September 2011. Page 2 rp) City of Agenda 6.10PlymouthNumber: Adding Quolity to Life REGULAR COUNCIL MEETING September 13, 2011 To: Laurie Ahrens, City Manager Prepared by: Shawn Drill, Senior Planner Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, Community Development Director Item: Approve Assignment of Development Contract for Spring Meadows 2nd Addition (2011019-F) 1. ACTION REQUESTED: Move to adopt the attached resolution authorizing the mayor and manager to sign an acknowledgement of the assignment of the development contract to a third party for Spring Meadows 2nd Addition, located at 5550 Dunkirk Lane. Approval of the resolution requires a 4/7 vote of the City Council. 2. BACKGROUND: On August 9, 2011, the City Council approved the final plat and development contract for Spring Meadows 2nd Addition. The developer has since entered into an agreement called a collateral assignment of interest in agreements affecting real estate." That agreement (copy attached) would allow the developer's lender to step in and act as the developer to complete the project, should the developer default on their loan. The development contract between the city and developer specifies that "the developer may not assign this contract without the written permission of the City Council..." In order for the developer to obtain and provide the city with a $1,471,166 letter of credit from their lender, as required by the development contract, the lender is requesting that the mayor and manager sign the attached "acknowledgement of assignment of development contract." This action would help to protect the city's interests in ensuring project completion, because if the developer would default on their loan with their lender, the development contract would automatically be assigned to the lender. The City Attorney has reviewed the request and opined that it would be acceptable to the city. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Location Map Collateral Assignment of Interest Agreement — between Developer and Lender Acknowledgement of Assignment of Development Contract Resolution Authorizing the Mayor and Manager to Sign the Acknowledgement P:/CommDev/STAFFREP/CC/2011 /20 1 1 0 1 9 -Spring -Meadows -2nd -Assignment -of -Interest -CC Page 1 Location Map - 2099099-F O'Donnell Woods, LLC Spring Meadows 2nd Addition 5550 Dunkirk Lane Final Plat & Development Contract City of Plymouth, Minnesota Legend C, Comercial CC, City Center CO, Commercial Office IP, Planned Industrial 0 LA -1, Living Area 1 LA -2, Living Area 2 0 LA -3, Living Area 3 LA -4, Living Area 4 LA -R1 LA -R2 LA -R3 0 LA -RT P -I, Public/Semi-Publicilnstitutional 660 330 0 660 1,320 1,980 FM Fe$ age 2 M I 01 IN SITE Location Map - 2099099-F O'Donnell Woods, LLC Spring Meadows 2nd Addition 5550 Dunkirk Lane Final Plat & Development Contract City of Plymouth, Minnesota Legend C, Comercial CC, City Center CO, Commercial Office IP, Planned Industrial 0 LA -1, Living Area 1 LA -2, Living Area 2 0 LA -3, Living Area 3 LA -4, Living Area 4 LA -R1 LA -R2 LA -R3 0 LA -RT P -I, Public/Semi-Publicilnstitutional 660 330 0 660 1,320 1,980 FM Fe$ age 2 COLLATERAL ASSIGNMENT OF INTEREST IN AGREEMENTS AFFECTING REAL ESTATE THIS COLLATERAL ASSIGNMENT OF INTEREST IN AGREEMENTS AFFECTING REAL ESTATE ("Assignment'D is made this 261h day of August, 2011, by O'Donnell Woods, LLC, a Minnesota limited liability company ("Borrower"), in favor of Commercial Bank of Minnesota, a Minnesota banking corporation ("Lender"). RECITALS A. The Lender is lending to Borrower the principal sum of up to One Million Four Hundred Seventy One Thousand One Hundred Sixty Six and 001100 Dollars ($1,471,166.00) Loan"), as evidenced by that certain promissory note dated of even date herewith in the principal amount of up to One Million Four Hundred Seventy One Thousand One Hundred Sixty Six and 001100 Dollars ($1,471,166.00) ("Note"), and secured, in part, by that certain real estate mortgage dated of even date herewith, as may be subsequently amended or modified from time to time (collectively, "Mortgage") and other loan documents executed in connection therewith, to which the Borrower shall construct certain improvements ("Project") on all of that certain real property as described on the attached Exhibit "A" ("Property"), which is made a part hereof, and located in the State of Minnesota. The Note, Mortgage and all other loan documents executed in connection therewith, along with any extensions, modifications or renewals thereof, are hereinafter sometimes collectively referred to as the "Loan Documents". B. As an additional condition to granting the Loan, Lender has requested Borrower to execute and deliver this Assignment. NOW, THEREFORE, in consideration of the Loan and intending to be legally bound, Borrower does hereby covenant, agree, warrant, represent, assign, set over and transfer, to the extent assignable and transferable, aII of its right, title and interest in the following: 1. The undersigned agrees that the above -stated recitals are true and correct and are incorporated hereby by reference. 2. The items which shall be the subject of this Assignment, and which are sometimes collectively referred to as "Additional Collateral" are as follows: a) All licenses, permits, approvals, certificates and agreements with or from all boards, agencies, departments, governmental or otherwise, relating directly or indirectly to the ownership, use, operation and maintenance of the Property, the Project or the improvements to be constructed or located upon the Property, whether heretofore or hereafter issued or executed (collectively, "Licenses"), said boards, agencies, departments, governmental or otherwise, being hereinafter collectively referred to as "Governmental Authorities"; Page 3 b) All contracts, subcontracts, agreements, service agreements, warranties and purchase orders which have heretofore been or shall hereinafter be executed by or on behalf of the Borrower in connection with the use or operation of the Property, the Project or the improvements to be constructed or located upon the Property, including but not limited to any development contracts (collectively, "Contracts"), and the parties with whom or to whom such Contracts have been or are given are hereinafter collectively referred to as the "Contractors"; c) All architectural and engineering plans and specifications, shop drawings, and other materials used or prepared in connection with the construction and/or renovation or refurbishment of the improvements to be constructed or located upon the Property; and d) All warranties, certificates, agreements and assignments given to Borrower's predecessor in title. 2. The Borrower hereby assigns, transfers and sets over unto Lender all of its right, title and interest in and to the Additional Collateral and all rights and benefits therefrom as security for the full, timely and faithful repayment by the Borrower of the Loan, and performance by the Borrower of all of its obligations under the Loan Documents. This Assignment shall constitute a perfected, absolute and present assignment of the Additional Collateral in accordance with the terms set forth herein. 3. Until the occurrence of an event of default under any of the Loan Documents and the expiration of any applicable cure period, the Borrower may retain, use and enjoy the benefits of the Additional Collateral. After the occurrence of an event of default as aforesaid, the Lender may enforce this Assignment by notifying the Borrower by registered or certified mail or hand delivery sent to the address hereinafter prescribed for sending notices. The affidavit or written statement of an officer, agent or attorney of Lender stating that there has been an event of default shall constitute conclusive evidence thereof, and any of the Governmental Authorities, Contractors or other persons are authorized and directed to rely thereon. 4. The Borrower agrees to faithfully observe and perform all of the obligations and agreements imposed upon it under the Licenses and Contracts. At the Lender's request, from and after the date hereof, the Borrower shall submit any material alterations, amendments or cancellations of the existing Contracts, and any new Contracts to the Lender for approval by the Lender, which approval shall not to be unreasonably withheld. 5. The Lender shall not be deemed in any manner to have assumed any of the Additional Collateral, nor shall Lender be liable to Governmental Authorities or Contractors by reason of any default by any parry under the Licenses or Contracts. The Borrower agrees to indemnify and to hold Lender harmless of and from any and all liability, loss or damage which it may or might incur by reason of any claims or demands against it based on its alleged assumption of Borrower's duty and obligation to perform and discharge the terms, covenants and agreements in said Licenses and Contracts. 2 Page 4 6. After the occurrence of an event of default: a) The Lender may elect to exercise any and all of Borrower's rights and remedies under the Additional Collateral, without any interference or objection from Borrower, and the Borrower shall cooperate in causing the Contractors to comply with all the terms and conditions of the Contracts. b) The Lender may, with or without entry upon the Property, at its sole option, take over and enjoy the benefits of the Licenses, exercise Borrower's rights under the Additional Collateral, and perform all acts in the same manner and to the same extent as Borrower might do. In connection with any and all of the foregoing powers, and without limiting the same, Lender may effect new Contracts and Licenses, cancel or surrender existing Contracts and Licenses, alter and amend the terms of and renew existing Contracts and Licenses, and make concessions to Governmental Authorities and Contractors. 7. All of the foregoing powers herein granted Lender shall be liberally construed. The Lender need not expend its own funds in the exercise of such power, but if it does, such amounts shall be considered as advances for and on behalf of Borrower secured by this Assignment and also secured by the Loan Documents. Any amounts so advanced shall bear interest at the then current rate prescribed in the Note. 8. The Borrower shall, upon request of the Lender, furnish Lender with a complete list of all Contracts and Licenses. Further, if requested, Borrower shall deliver to Lender executed or certified copies of all Contracts and Licenses and other written agreements, correspondence and memoranda between Borrower (and its predecessors in title), in Borrower's possession, and Contractors and Governmental Authorities setting forth the contractual and other arrangements between them. Such requests may be made at any reasonable time. Monthly requests, or more frequent requests, if made after an event of default under this Assignment or the Loan Documents, shall be deemed to be made at a reasonable time. 9. Nothing herein contained shall be construed as making Lender a mortgagee in possession, or as constituting a waiver or suspension by Lender of its right to enforce payment of the indebtedness due under the terms of the Loan Documents. The Lender is not the agent, partner or joint venturer of either the Borrower or any guarantor or of any of the Contractors or Governmental Authorities. 10. This Assignment may be enforced from time to time by Lender in accordance with the terms of this Assignment, with or without order of any court and with or without appointment of a receiver, as Lender shall determine. The Lender may also, at any time, cease to enforce this Assignment. Any failure on the part of the Lender promptly to exercise any option hereby given or reserved shall not prevent the exercise of any such option at any time thereafter. The Lender may pursue and enforce any remedy or remedies accorded it herein independently of, in conjunction or concurrently with, or subsequent to, its pursuit and enforcement of any remedy or remedies which it may have under the Loan Documents. Pae 5 11. The Borrower warrants and represents that: a) It has the power to deliver this Assignment. b) It has made no prior assignments of the Additional Collateral. c) All Additional Collateral is in full force and effect on the date hereof, subject to no defenses, set offs or counterclaims whatsoever. d) To the best of Borrower's knowledge, there exists no event, condition or occurrence which constitutes, or which with notice and/or the passage of time would constitute, a material breach of or default under any terms or conditions of any of the Additional Collateral. The Borrower also hereby covenants and agrees not to do any act which would destroy or impair the security to the Lender of this Assignment. 12. When the context so requires, the singular shall include the plural and conversely, and use of any gender shall include all genders. 13. This Assignment shall be governed by and be construed in accordance with the laws of the State of Minnesota, without regard to principles of conflicts of law. Whenever possible, each provision of this Assignment shall be interpreted in such manner as to be effective and valid under applicable Iaw, but if any provision of this Assignment shall be prohibited by or be invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Assignment. 14. Any notice required or contemplated hereunder shall be in writing and deemed effective the second business day after placing thereof in the United States mail, certified mail with return receipt requested, postage prepaid, and addressed as follows: To Borrower: O'Donnell Woods, LLC 10850 Old County Road 15, Suite 200 Plymouth, Minnesota 55441 Attn: David D. Gonyea or Jacob M. Walesch To Lender: Commercial Bank of Minnesota 274 10"' Street Heron Lake, Minnesota 56137 Attn: John J_ Baumiller With a Copy to: Anastasi & Associates, P.A. 14985 60t" Street North Stillwater, Minnesota 55082 Attn: David C. Anastasi 4 Page 6 or addressed to any such party at such other address as such party shall hereafter furnish by notice to the other party. IN WITNESS WHEREOF, Borrower has caused this Assignment to be executed as of the day and year first above written, O'Donnell Woods, LLC a Minnesota limited liability company) By: DaOid D. Gonyea Its: Chief Financial Manager/ Executive Vice President By: _ J M. Walesch '— Chief Manager This is the signature page to that certain Collateral Assignment of Interest in Agreements Affecting Real Estate dated August 26, 2011. 5 Page.7 EXMIT "A" LEGAL DESCRIPTION The following described real property located in the County of Hennepin and State of Minnesota: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, Block 1, Spring Meadows 2nd Addition, Hennepin County, Minnesota. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, Block 2, Spring Meadows 2nd Addition, Hennepin County, Minnesota.. Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12, Block 3, Spring Meadows 2nd Addition, Hennepin County, Minnesota. Outlot C, Spring Meadows 2nd Addition, Hennepin County, Minnesota. Pae 8 COMMERCIAL1BANK August 31, 2011 Mayor K. Slavik City of Plymouth 3400 Plymouth Boulevard Plymouth, MN RE: O'Donnell Woods LLC Development Contract / Letter of Credit Dear Mayor Slavik: In review of the Development Contract — Spring Meadows 2"d Addition, .per. paragraph 28 (A), "The Developer may not assign this contract without the written permission of the City Council...". In order for Commercial Bank of Minnesota to adequately document and issue the Letter of Credit for the 2"d Phase of Spring Meadows in Plymouth, MN, the Borrower has executed a Collateral Assignment of Interest in Agreements Affecting Real Estate, Should an event of default occur between our Borrower and Commercial Bank of Minnesota, this document allows Commercial Bank of Minnesota to step in and act. as the Developer to complete the project. Please accept this correspondence as acknowledgement of the assignment of the Development Contract and acknowledge receipt of this correspondence by signing below and having your signatures notarized. Upon completion, please mail a .copy to Commercial Bank of Minnesota at the Medina address below. Kelli Slavik, Mayor STATE OF MINNESOTA ) Ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 20_, by Kelli Slavik, Mayor of the City of Plymouth, Notary Public Laurie Ahrens, City Manager STATE OF MINNESOTA ) ss. COUNTY OF } The foregoing instrument was acknowledged before me this day of , 20, by Laurie Ahrens, City Manager of the City of Plymouth. Notary Public HERON LAKE OPFICP I MEDINA PRODUCTION OFFICE 274 10th 5t., RO.Box258 *Heron Lake, MN 56137 «507.793.2334 JI 922 Highway 55, suite 200 • Medina, MN 55340 o 763231.4435 Commercial Bank of Minnesota Pa@184erFOIC If any questions or comments, please do not hesitate to contact me directly at (507) 793-2341 . Sincerely, COMMERCIAL BANK OF MINNESOTA qohn ant Present 1 C.E.O. Page 10 CITY OF PLYMOUTH RESOLUTION N0. 2011- A RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO SIGN AN ACKNOWLEDGEMENT OF ASSIGNMENT OF THE DEVELOPMENT CONTRACT FOR SPRING MEADOWS 2ND ADDITION (2011019-F) WHEREAS, on August 9, 2011, the City Council approved the final plat and development contract for Spring Meadows 2nd Addition; and WHEREAS, O'Donnell Woods, LLC, the developer of Spring Meadows 2nd Addition, has since entered into an agreement called a "collateral assignment of interest in agreements affecting real estate" with Commercial Bank, the developer's lender; and WHEREAS, Commercial Bank is requesting that the City Council authorize the mayor and city manager to sign an acknowledgement of assignment of the development contract for Spring Meadows 2" d; and WHEREAS, said acknowledgement would allow Commercial Bank to step in and act as the developer to complete the project, should an event of default occur between the developer and their lender; and WHEREAS, this action would help to protect the city's interests in ensuring project completion, because if the developer would default on their loan with their lender, the development contract would automatically be assigned to the lender. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the Mayor and City Manager to sign the acknowledgement of assignment of the development contract for Spring Meadows 2nd Addition. ADOPTED by the City Council on September 13, 2011. Page 11 Resol uti on 2011- 2011019) 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 September 13, 2011 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 PLAN/STAFFREP/RES/2011/2011019-Spri ng -M eadows-2"d-Assignment-of-I nterest-Res Page 12 rp)City of Agenda 6 . 1 1PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Kevin Springob, Water Resources Technician September 13, 2011 Reviewed by: Doran Cote, Director of Public Works Approve Plans and Specifications and Order the Item: Advertisement for Bids — Bass Lake Wetland Drainage Improvement Project, City Project No. 9127 1. ACTION REQUESTED: Adopt the attached resolution approving plans and specifications and ordering advertisement for bids for the Bass Lake Wetland Drainage Improvement Project, City Project No. 9127. 2. BACKGROUND: This project is located south of Bass Lake Road and west of Zachary Lane. Multiple storm sewer pipes deposit surface water into these waters from roads and residential properties and act as the drainage system for surface water in the area. Surface water is blocked from reaching the middle of the wetland. This has resulted in water flowing around the edges of the wetland where property and infrastructure are impacted rather than to the middle. This project proposes to relieve the flood potential in the area by excavating channels into the middle of the wetland to provide surface water flow for drainage. The proposed channels are 28' wide with 3:1 slopes and are proposed to be excavated to a depth of 4' below the NWL. Total wetland impact is 1.96 acres. Excavated materials will be removed from the site and disposed of per MPCA requirements. The project is proposed to occur in the winter of 2011-2012 to take advantage of frozen ground during winter weather conditions. On July 26, 2011 the City Council declared a finding of "no -need" for an Environmental Impact Statement (EIS) based on review of an Environmental Assessment Worksheet (EAW). Although an EIS is not necessary, the proposed project is subject to the U.S. Army Corps of Engineers USACOE) and Minnesota Department of Natural Resources (DNR) permitting requirements. Applications for permits were submitted to the regulatory agencies in December 2010. Additional information was requested by the DNR and submitted on August 10, 2011. The City of Plymouth issued a Notice of Decision on November 30, 2010 that declared a No -Loss of wetlands for the project. The USACOE determined that wetland mitigation will be required at a ratio of 1:1. 3. BUDGET IMPACT: The 2011-2015 Capital Improvement Program (CIP) includes $400,000 for the Bass Lake Wetland Drainage Improvement Project in 2011-2012 including wetland mitigation, construction, engineering, administration, and contingencies. The Engineer's estimate for construction is 135,000. The estimate for wetland mitigation is $85,000, bringing the total estimated project cost to $220,000. Funding is proposed from the Water Resources Fund. 4. ATTACHMENTS: Site Locator Map Resolution Page 1 EER r "N'- 4,. o 0 7 y . BASS LAKE 57TH AVE. f"* 57TH pVE k ; W." J a #$ s l 1 r Legend` i ' It ,.> •; tj. Project Boundary , Proposed Channels Q i N SITE LOCATOR MAP Bass Lake Wetland Drainage Improvement Project (9127) Page 2 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS BASS LAKE WETLAND DRAINAGE IMPROVEMENT PROJECT CITY PROJECT N0. 9127 WHEREAS, plans and specifications have been prepared by the City's Engineering Department for the Bass Lake Wetland Drainage Improvement Project in the City of Plymouth and said plans and specifications have been presented to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is on file in the City Engineer's office and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on October 20, 2011 at which time they will be publicly opened at the Plymouth City Hall building at 3400 Plymouth Boulevard, Plymouth, Minnesota, and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Approved this 13th day of September, 2011. Page 3 rp)City of Agenda 6.12PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer September 13, 2011 Reviewed by: Doran Cote, P.E. Director of Public Works Declaring Costs and Setting Assessment Hearing Item: Annapolis Lane Street Reconstruction Project City Project No. 11002 1. ACTION REQUESTED: Make a motion to adopt the attached two resolutions declaring costs to be assessed, ordering preparation of proposed assessment rolls and setting the assessment public hearing for October 11, 2011, for the Annapolis Lane Street Reconstruction Project, City Project No. 11002. 2. BACKGROUND: The Annapolis Lane Street Reconstruction Project involved the reconstruction or edge mill and overlay of Annapolis Lane from Fernbrook Lane to County Road 9 and on Berkshire Lane from County Road 9 to approximately 150 feet south of 42"d Avenue. Attached is a map showing the project location. Construction has been completed by the contractor with cleanup and punchlist items remaining. Once the cleanup has been completed a 2 -year warranty period would begin for the new streets that were constructed. 3. BUDGET IMPACT: This project was included in the 2011-2015 Capital Improvement Program (CIP) at an estimated cost of $2,740,000. The total project cost is estimated at $1,301,598.79. The project will be funded through the Water Fund ($90,122.52), Water Resources Fund ($8,308.75), Sanitary Sewer Fund 3,729.45), Municipal State Aid Fund ($788,523.27) and assessments ($419,591.60). 4. ATTACHMENTS: Project Location Map Resolutions (2) Page 1 Anna olis Ln Reconstruction AreaP CP 11002 - r Location Map q1mm 11 Z AiSTA C ROCKFORD RD IL - r V7 El TT - V/ ro o i_..__ I j Streets to be Edge !Milled & Overlaid e Streets to be Reconstructed F ure CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL ANNAPOLIS LANE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 11002 WHEREAS, a contract has been let for the improvement of Annapolis Lane from Fernbrook Lane to County Road 9 and Berkshire Lane from County Road 9 to approximately 150' south of 42'd Avenue, by reconstruction or edge mill and overlay of streets with the installation of bituminous pavement, concrete curb and gutter, storm sewer, and all necessary appurtenances, and the contract price for such improvement is $1,047,687.54 and the expenses incurred or to be incurred in the making of said improvement amount is $253,911.25 so that the total cost of the improvement will be $1,301,598.79. 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 $890,683.99 and the portion of the cost to be assessed against benefited property owners is declared to be $419,591.60. 2. Assessments shall be payable in equal annual installments extending over a period of either 5 years, 10 years or 15 years, with the first of the installments to be payable on or before the first Monday in January, 2012, and shall bear the interest rate of 3.45% for a 5 year term, 5.08% for a 10 year term, or 5.82% 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 13th day of September, 2011. Page 3 CITY OF PLYMOUTH RESOLUTION No. 2011 - 087 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ANNAPOLIS LANE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 11002 WHEREAS, by a resolution passed by the City Council on September 13, 2011, the City Clerk was directed to prepare a proposed assessment of the cost of improving Annapolis Lane from Fernbrook Lane to County Road 9 and Berkshire Lane from County Road 9 to approximately 150' south of 42nd Avenue for the reconstruction and edge mill and overlay of streets with the installation of bituminous pavement, concrete curb and gutter installation, storm sewer repair, 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 l ld' day of October, 2011 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 13t" day of September, 2011. Page 4 rp)City of Agenda 6 . 1 3PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician September 13, 2011 Reviewed by: Doran Cote, P.E., Director of Public Works Approve Final Payment, 2011 Mill and Overlay Project Item: Peony Lane, T.H. 55 to 51St Avenue City Project No. 11007 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 1 and Final for the 2011 Mill and Overlay Project. 2. BACKGROUND: The 2011 Mill and Overlay Project, City Project No. 11007, included Peony Lane, from T.H. 55 to 51St Avenue. This project removed and replaced the top two inches of pavement, replaced damaged concrete curb, installed pedestrian ramps (as needed) and made repairs to utility structures on Peony Lane. In addition, this project also replaced numerous loop detectors and a southbound turn lane at 51St Avenue. Pulte Homes, the developer of the Elm Creek Highlands Subdivisions, was required to construct a southbound left turn lane on Peony Lane into their development at 51" Avenue. Pulte Homes requested that the City construct the required turn lane and Pulte Homes will reimburse the City for the cost. The final cost to construct the turn lane is 20,812.13 which includes 15% for engineering, administration, finance and legal. 3. BUDGET IMPACT: The original contract amount for this project was $384,322.90. One Change Order was approved in the amount of $18,097.50 for a total revised contract of $402,420.40. The final value completed by the contractor is $358,801.93 or 10.8% less than the revised contract amount. The total project cost is $413,025.58 including engineering, administration, finance and legal. Funding for this project includes $352,992.10 from the Street Reconstruction Fund, $39,221.35 from Special Assessments and $20,812.13 from Pulte Homes. 4. ATTACHMENTS: Project Location Map Pay Request Resolution Page 1 Figure 1 2011 Dili & Overlay Project Location Peony Lane City Project No. 11007 Page 2 REQUEST FOR PAYMENT DATE: August 17, 2011 FOR PERIOD PLACE: Plymouth, Mei l FROM: June 20, 201 _1_ TO: - August 17, 2011 PROJECT: 2011 Mill and _Overlay - PROJECT NO.: 11007 CONTRACTOR: Northwest Asphalt, Inc. ADDRESS: 1451 Stagecoach Road Shakopee, MN 55379-2797 REQUEST FOR PAYMENT NO.: 1 and Final 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Amount Earned 7. Less Retainage 0 % 8. Sub -Total 9. Less Amount Paid Previously 18,097.50 0.00 10. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 1 &Final . 2 - Contractor 1— Owner 384,322.90 402,420.40 358,80193 358,801.93 0.00 358,801.93 0-- 358,801.93 Approved By: City Engineer City of Plymouth Approved By: (CONTRACTOR) Northwest Asphalt, Inc. By: Q:\Engineen'ng\PROJECM20l 0- 2019NI 1007\Payments\REQPAYM 1_11007.docx Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2011 - REQUEST FOR PAYMENT N0. 1 AND FINAL 2011 MILL AND OVERLAY PROJECT CITY PROJECT N0. 11007 WHEREAS, the City of Plymouth as owner and Northwest Asphalt Inc. as contractor, have entered into an agreement for the 2011 Mill and Overlay Improvement (City Project No. 11007), which includes, Peony Lane, T.H. 55 to 51St Avenue, said agreement was approved by the City Council on May 24, 2011; and WHEREAS, the City Engineer has certified his acceptance of the work and his approval of the final request for payment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA 1. That the original contract amount was $384,322.90, one change order was approved in the amount of $18,097.50, and the value of the work to date is 358,801.93. The final amount owed is $358,801.93 and is herewith approved. This project is less than the revised contract amount by 43,618.47 or 10.8%. 2. That the work performed by the contractor for the 2011 Mill and Overlay Project No. 11007 and certified to the City Council by the City Engineer as acceptable. being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 1 and Final in the amount of $358,801.93 to Northwest Asphalt Inc. for the 2011 Mill and Overlay Project — Peony Lane, T.H. 55 to 51St Avenue, City Project No. 11007 is hereby approved and the Director of Administrative Services is hereby authorized and directed to pay the same forthwith. 4. Funding will be from the Street Replacement Fund, Special Assessments and Pulte Homes. Approved this 13th day of September, 2011. Page 4 rp)City of Agenda 6.14PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician September 13, 2011 Reviewed by: Doran Cote, P.E. Director of public Works Declaring Costs and Setting Assessment Hearing Item: 2011 Mill and Overlay Project Peony Lane, T.H. 55 to 51St Avenue City Project No. 11007 1. ACTION REQUESTED: Make a motion to adopt the attached two resolutions declaring costs to be assessed, ordering preparation of proposed assessment rolls and setting the assessment public hearing for October 11, 2011, for the 2011 Mill and Overlay Project, City Project No. 11007. 2. BACKGROUND: The 2011 Mill and Overlay Project, City Project No. 11007, included Peony Lane, from T.H. 55 to 51St Avenue. This project removed and replaced the top two inches of pavement, replaced damaged concrete curb, installed pedestrian ramps (as needed) and made repairs to utility structures on Peony Lane. In addition, this project also replaced numerous loop detectors and added a southbound turn lane at 51St Avenue. 3. BUDGET IMPACT: The total project cost included in the 2011-2015 Capital Improvements Program (CIP) is $420,000. The estimated total final project cost, less the cost to construct the turn lane at 51St Avenue, is 392,213.45. 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. For this project, the policy was applied to each area separately because both have their own unique characteristics. Relating the policy to the project area and the configuration of its parcels, it is proposed that approximately $39,221.35, or 10%, of the total project cost be assessed. 4. ATTACHMENTS: Project Location Map Proposed Assessments Resolutions (2) Page 1 Figure 1 2011 Mill & Overlay Project Location Peony Lane City Project No. 11007 z; 0: Wayzata LLI High School I Page 2 FINAL ASSESSMENT ROLL 2011 Mill Overlay Project Peony Lane City Project No, 11007 Property ID JOwner 1 JAddress Icity ITotal Frontage Ass'bl Frontage Est. Assessment 07-1'16-22-13-0002 Wayzata Public Schools # 284 210 N. County Road 101 Wayzata, MN 55391 1330 1330 24,432.97 18-118-22-12-0020 Peony 55 Partners, LLC 527 Marquette Avenue, #1000 Minneapolis, MN 55402 805 805 2,957,68 16-118-22-12-0021 Peony 55 Partners, LLC 527 Marquette Avenue, #1000 Minneapolis, MN 55402 2,957.68 18-118-22-12-0022 Peony 55 Partners, LLC 527 Marquette Avenue, #1000 Minneapolis, MN 55402 2,957.68 18-118-22-12-0023 Peony 55 Partners, LLC 527 Marquette Avenue, #1000 Minneapolis, MN 55402 2,957.68 1 B-118-22-12-0024 Peony 55 Partners, LLC 527 Marquette Avenue, #1000 Minneapolis, MN 55402 2,957.68 All others 6492 0 0.00 8,627 2,135 $39,221.35 TPC $392,213.45 40% of Area 1 -TPC $156,885.38 0.25 25% of $156,885.38(Total Assessable g $39,221.35 Assessable Cost per foot $18.37 0:1EngineeringlPROJ ECTS12010-2019\110071Assessm entslFnlApraOl037. xlsx a C. 24,432.97' z z I . v 4C( T LL 0RD RP 1U C i` LjjI — Z w FOUNT 441 5 Lots 41 s T @a $2,957.681Ea.-- I T 2011 Mill and Overlay CD Final Assessments Q = ___ _ Parcels to be Assessed Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL 2011 MILL AND OVERLAY PROJECT CITY PROJECT N0. 11007 WHEREAS, bids were received for the improvement of Peony Lane, T.H. 55 to 51s' Avenue, by bituminous resurfacing of the street, replacement of concrete curb and gutter, , repairs to utility structures, pedestrian ramps (as needed), traffic signal loop detectors and all necessary appurtenances, and the contract price for such improvement is $340,704.43. Expenses incurred or to be incurred in the making of said improvement amount is $51,509.01, so that the total cost of the improvement will be $392,221.35. 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 $352,992.10 and the portion of the cost to be assessed against benefited property owners is declared to be $39,221.35. 2. Assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2012, and shall bear the interest rate of 3.54 percent 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 13th day of September, 2011. Page 5 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT 2011 MILL AND OVERLAY PROJECT CITY PROJECT N0. 11007 WHEREAS, by a resolution passed by the City Council on September 13, 2011, the City Clerk was directed to prepare a proposed assessment of the cost of improving Peony Lane, T.H. 55 to 51St Avenue, by bituminous resurfacing of the street, replacement of concrete curb and gutter, repairs to utility structures, pedestrian ramps (as needed), traffic signal loop detectors 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 11th day of October, 2011 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 13th day of September, 2011. Page 6 rp)City or Agenda 6.15PlymouthNumber: Adding Quuiity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Robert Moberg, P.E., City Engineer September 13, 2011 Reviewed by: Doran Cote, P.E., Director of Public Works Approve an Encroachment Agreement for a Item: Storage Shed and Planter Boxes within Drainage and Ponding and Sanitary Sewer Easements located at 505 Jonquil Lane 1. ACTION REQUESTED: Adopt the attached resolution approving an encroachment agreement in favor of Dale and Gayle Ortlip for a storage shed and planter boxes installed within drainage and ponding and sanitary sewer easements at 505 Jonquil Lane, legally described as Lot 7, Block 1, Hennings First Addition. 2. BACKGROUND: Dale and Gayle Ortlip, owners of the property located at 505 Jonquil Lane, have requested the City approve an encroachment agreement allowing for a storage shed and planter boxes to remain in a drainage and ponding easement and in a sanitary sewer easement on their property. On July 26, 2011, the Ortlips received an approval from the City Council denying access to their property from Sunset Trail, thereby allowing construction of the storage shed within 25 feet of the right-of-way for Sunset Trail. The property is encumbered by a number of public easements in the backyard, making it difficult to have a shed or planter area in their backyard without encroaching on an easement. The property owners have also built a landscaped berm along Sunset Trail to provide privacy and screening for their backyard, further limiting space for a shed and planter area. The encroachment agreement allows for the storage shed and planter boxes to be left within the drainage and ponding and sanitary sewer easements without altering the intended use of the easements. In addition, it allows the City to remove the storage shed or planter boxes at the property owner's expense if it is deemed necessary to more fully utilize the easement. If the encroachment agreement is approved, the property owners have installed a gate in the fence around the planter box area, thereby allowing maintenance access to the sanitary sewer manhole next to the shed. 3. BUDGET IMPACT: The proposed agreement will have no immediate effect on the budget, although the City will incur the cost to record the agreement at the County. Page 1 4. ATTACHMENTS: Location Map of 505 Jonquil Lane Sketch of Area for Storage Shed and Planter Boxes Photographs of Shed and Planters (2) Letter from Property Owner Encroachment Agreement Resolution Page 2 I I .. ..... I W- I . ........ A., Location Map - 2011044 Legend Dale and Gayle Dr11ip ® C, Comercial LU 505 Jonquil Lane North " GC, City Center t% CO, Commercial Office Access Denial ® IP, Planned Industrial SLA -1, Living Area 1 D LA -2, Living Area 2 0 LA -3, Living Area 3 021 LA -4, Living Area 4r;bcity of "LA -R1 Plymouth, Minnesota F7 LA -R2 LA -R3 D LA -RT goo sn o foo aoo soa Felt PA PubliclSemi-Publicllnstitutional Page G Page 3 SUR`iE'r FCR iIIIL'll IliiSII NI tl 1 j J IilYjL DALE CRTLIP { '` 5 S -351i3- —lova yf4.] 5 4. 10 9N S 1 C9 e 12 1'0l0 3 aTION I Il iO4y 30} 1 ?PRO%'xATER SFR410E f T Q- G.G d APRO% IHV. - M. SERVICE LOCATION EL: 905.7 ApRG%. SAN. SE FIELD VERIFY yrS.48 4 o cH g. Oft DRAINAGE EASEMENT I, i ;43R PONDING PURPOSE! Pogo PAD T ROQO PROPSE -• 9RSVEy' 9 Lr PA 0- 73-77.67 W tjS i90 N m ,/1p p '3 End I lO S Sy o a ent Section d A6y \ o w 4\ / , piG rf] y 2 ate` 1 0tder' 4- r T SA TARY wER e , f 1 @ W 0-e T 7/ rB.Z 2 0- i Sh W Ic® k jb' X0 ATVAl9,7 . ExJWin3-Ian 4AarySewex S nAA4 S .w er' I,aje I I hereby certiFy that this Is a true and correct O Denotes Iron Monument Set representation of a survey of the boundaries Df: • Denotes Iron Monument Found A Denotes Spike Set Lot -L, 83ack—L, .liE NfNGS 15T AOrsfrinN 0 Denotes Hub Set according 'to the recorded plat thereof — Denotes Surface Drainage IJENNEPIJLCounty, Minnesota. MINIMLM BASEMENT ELE'JATION 20. r PER, and of a proposed building. As surveyed by me - CITY ENGINEER or under. my direct supervision thfS A114 day aF_APRIJ 198AL. Proposed Basement Floor Elev- 911.0 Propos ed Gari ge Floor Eley d 913.7 Leland C.N. Smith, Land Surveyoproposed First Floor Eley 0 r Proposed Eley 9= iinnesota Registration No. 14442 EAisting Elev NOTE: JTILI-Y SE74ICE LOCATIONS ARE A?RO% CONTRACTOR TO 7ERVY allILDING ,TIIMEYSIDNS CONTRACTOR To VERIFY ` ]b AE'4SEJ 4/25/99 NO LSE MOVED 5 I D 15 30 sO COpy,ight: Reproduction of this drawing prohibited without written approval of the above Signed. SCALA IN FELT ISPA-E--`OPS. RcF-Sc. ELLINGSON & Assoc -.Itis_ Page I a Q lo k rm» r' - -. ': ',,fir: a [ ti _. ". r ' n - .y .ice f., '' ^. '» t,. .ar L. .. -• - v J i Y 1 r .'+3"w -., `•, yam. fir• ,.--' J '" ,'^yl, , y, 'fie r W-- „ r k• , ' j - q " ter. w,y ;, - :. " o't' j "•. „ a' d• * • W, .Yr" kr 'ss" • fir !, i` «w 2Z- yM r f r t r ivr ia. , x:.r r q - . . Ir - e, •n. i ;•.'•F A r - x; N .I t +'.a .f'Y -` ,! .' 1+'. _.. , ^ ti +7Mi t' I f:s '• R 5P'.'. , Ayry r. y Ore. op s . c.ix3 t 6 mmilk Aoff f r s.n r v- f 1 aryl r . . ,ry Dale Ortlip 505 Jonquil lane N. Plymouth, MN 55441 Engineering Division 3400 Plymouth blvd. Plymouth, MN 55447 Subject: Encroachment application supplement Property: Lot 7, block 1, Hennings I" Addition Legal owners: Dale and Gayle Ortlip, Tenants in common Explanation: We request encroachment agreement for existing garden shed to remain in its present location as shown on survey. Proposed encroachment consists of shed deck extending approximately 3 feet beyond the enclosed length — into the side boundary of the platted sanitary sewer easement. This still provides approximately 17' remaining width of 20' easement if excavating access would ever be necessary. The shed does not bridge across or sit upon the center of the easement. The manhole on plat drawing is not encumbered. Moving would be financial hardship and inconsistent with garden/landscaping plan. We have already relinquished our access rights to Sunset Trail to have this area of our lot reclassified as a side/rear yard so that the shed can be in conforrnance to that related ordinance. You will see on the survey that out lot has two easements running rather parallel to each other and we have a wetland area and adjoining ponding area which limits placement of shed and garden on the lot. We also have a berm that runs parallel to sunset trail and is in a naturalized state. The current location was also selected due to level terrain, avoidance of trees, symmetry with garden and fence, screening from road provided by existing vegetation, and the required set -back regulations. Shed is not on permanent footings and meets requirements for a structure qualifying for encroachment. The area surrounding the shed, and containing the two easements, is naturalized or used as a seasonal vegetable garden. Shed enclosed square footage is under 120 sq ft, and as such a building permit was not required.. We have lived on this property for 23 years and have not witnessed any active access to this easement_ The location of the movable shed should not materially hinder city access to the sanitary sewer now or in the future. S1Sincerely,ly,, 6 Dale Ortlip Gayle Ortlip Page 7 ENCROACHM-ENT AGREEMENT for Storage Shed and Planter Boxes AGREEMENT made this 131h day of September, 2011, by and between the City of Plymouth, a Minnesota municipal corporation ("City"), and Dale E. Ortlip and Gayle M. Ortlip. husband and wife ("Owner"). Recitals A. Said Owner owns real property in the City of Plymouth, County of Hennepin, State of Minnesota, legally described as Lot 7, Block 1, HENNINGS FIRST ADDITION ("subject property'. B. The City owns a platted easement for drainage and ponding purposes, as well as a sanitary sewer easement over part of the subject property. C. Owner has a storage shed that was previously constructed within the City's easements and Owner is also proposing to install a number of planter boxes within the City's easements. NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by the parties as follows: Page 8 1. Encroachment Authorization. The City hereby approves the encroachment on its casements for the existing storage shed and the proposed planter boxes. 2. Access for Maintenance. At all reasonable times, the City shall have access to the subject property for the purpose of maintaining and repairing the drainage and ponding and sanitary sewer easements. In the event it becomes necessary for part of the storage shed or planter boxes to be removed to allow for maintenance and repairs, such removal and subsequent replacement shall be at the sole expense of the Owner. 3. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the City's easements. Oirner. for themselves. their heirs and assigns. shall indemnify and hold the City harmless from any damage caused to the subject property, including the storage shed and planter boxes on the subject property, caused in whole or in part by the encroaclunent onto the City's easements. The Owner may be required to remove the storage shed and planter boxes if it is deemed necessary by the City in order to exercise the purpose of the existing casements. 4. Recording. This Agreement shall be recorded against the title to the subject property. Page 9 CITY OF PLYMOUTH am Kelli Slavik, Mayor Laurie Ahrens, City Manager STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN PROPERTY @ 505 JONQUFL LANE BY: a Dale E. Ortlip OrtlipGaylek The foregoing instrument was acknowledged before me this day of 2011, 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 The foregoing instrument was acknowledged before me this day of je o: , 2011, by Dale E. Ortlip and Gayle M. Ortlip, husband and wife. 9a" CRISTIf lA f. BECKFELD (, Nor H :11 - snrA NOTARY PUBLICyCommieaErpiros. 31, 2013 THIS INSTRUMENT DRAFTED BY: City of Plymouth 3400 Plymouth Blvd. Plymouth MN 55447 Page 10 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO APPROVE ENCROACHMENT AGREEMENT FOR A STORAGE SHED AND PLANTER BOXES WITHIN DRAINAGE AND PONDING AND SANITARY SEWER EASEMENTS IN LOT 7, BLOCK 1, HENNINGS FIRST ADDITION AT 505 .JONQUIL LANE WHEREAS, property owners Dale and Gayle Ortlip requested the City to approve an encroachment agreement allowing a storage shed and planter boxes to be installed within a drainage and ponding easement and within a sanitary sewer easement at 505 Jonquil Lane; and WHEREAS, the encroachment agreement permits only the storage shed and planter boxes within the easements and all related facilities must still meet all applicable City codes; and WHEREAS, the property is legally described as Lot 7, Block 1, Hennings First Addition. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE 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 encroachment agreement that will allow the storage shed and planter boxes to be installed in drainage and ponding and sanitary sewer easements. Approved this 13th day of September, 2011. Page 11 rp)City of Agenda 6.1 6PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Givonna Kone, Human Resources Manager September 13, 2011 Reviewed by: Laurie Ahrens, City Manager Approve settlement of 2011-2013 Labor contract with Item: Law Enforcement Labor Services, Local 18, representing Plymouth Police Officers 1. ACTION REQUESTED: Adopt the attached resolution approving the 2011-2013 labor agreement with Law Enforcement Labor Services (LELS), Local 18, representing the Plymouth Police Officers. 2. BACKGROUND: The City and LELS had a one-year agreement for 2010. The parties began negotiating approximately eight months ago. The City and the bargaining unit reached tentative agreement on August 3, 2011 and the Patrol unit voted to approve the tentative agreement the week of August 15, 2011. The proposed 2011-2013 labor agreement provides for the following changes: Wages 2011 1% on March 1, 2011 2012 2% on Jan 1, 2012 2013 1% on Jan 1, 2013 & 1% on March 1, 2013 Staff was pleased to be able to secure a three year -agreement with the police unit. The three-year agreement will serve the city well in that it requires less staff time to negotiate than multiple one or two-year agreements over the same three-year period. Further, the proposed agreement provides for modest wages adjustments that are reflective of the economy. Although modest, the proposed 2011 wage adjustment- which will have a .75% budget impact- is reflective of the fact that in 2010 the LELS Police bargaining unit did not receive a wage adjustment. The city's Maintenance and Clerical, Technical, Professional units each received a 2% wage increase in 2010. The table on the next page illustrates that the proposed wage schedule for the LELS Police bargaining unit puts police on par with the city's Maintenance and Clerical, Technical, Professional units for 2010 through 2012. (The Maintenance and Clerical, Technical, Professional units will begin negotiating their 2013 contract one year from now.) Page 1 HEALTH INSURANCE The parties have agreed to a contribution for health insurance that is consistent with what has been approved for the two AFSCME groups and non -represented employees. The agreed upon contribution levels for 2011 represent an increase of $12.75 per month per family contract for the city. Staff is proposing that the city continue to cover 100% of the premium for single plans which results in an average increase of $9 per month per single contract for the city. Staff is not proposing a change to the city's VEBA contribution or to the city's deferred compensation contribution for 2011. Staff proposes to use the same contribution formula for 2012 and 2013. Police Maintenance Clerical, Tech, Prof. 2010 0% 2% 2% 2011 1% 0% 0% 2012 2% 1% 1% TOTAL 306 3% 3% HEALTH INSURANCE The parties have agreed to a contribution for health insurance that is consistent with what has been approved for the two AFSCME groups and non -represented employees. The agreed upon contribution levels for 2011 represent an increase of $12.75 per month per family contract for the city. Staff is proposing that the city continue to cover 100% of the premium for single plans which results in an average increase of $9 per month per single contract for the city. Staff is not proposing a change to the city's VEBA contribution or to the city's deferred compensation contribution for 2011. Staff proposes to use the same contribution formula for 2012 and 2013. Total City City Total r EE Monthly Contribution Contribution COP Contribution Premium to Premium to VEBA Contribution to Premium VEBA 832 Single ($2,250 Deductible) 419.50 419.50 353.00 772.50 0.00 Family ($4,500 Deductible) 1,048.00 667.55 243.94 911.49 380.45 Single ($1,200 Deductible) 504.50 504.50 275.00 779.50 0.00 Family ($2,400 Deductible) 1,260.50 769.82 141.67 911.49 490.68 Employees who waive health insurance receive $353 monthly toward VEBA. Work Schedule The parties agreed to language indicating that after 15 years of service officers are no longer required to bid on a shift other than their first preference and, in addition, shift start times and length will be determined by the employer. Duration The duration of this contract will be three years: 2011 through 2013. Clothing Allowance Currently, the clothing allowance for patrol is $850 per year. In past years the clothing allowance has been increased by approximately $25 per year. Staff proposes increasing the clothing allowance by 25 for 2011. This would bring the clothing allowance to $875 and this contribution level would remain constant for the three-year duration of the contract. Conversion of Vacation Leave Upon Retirement The patrol members have requested that, at the time of retirement, the city make a one-time contribution of the entire cash equivalent of the employee's vacation balance to a retirement health savings account. At a future meeting, staff will bring forward a resolution amending the Personnel Policy, which governs administration of the city's retiree health savings plans. Page 2 Long Term Disability Benefits Contract language has been simplified to indicate that long term disability benefits will be 2/3 of an employee's monthly income. Long term disability is an employee -paid benefit. Mid-term Disability Leave Contract language will be amended to limit the use of the 120 hours of mid-term disability leave for the birth of a child to 26 weeks after the child is born. Short-term Disability Accruals Contract language has been clarified to more accurately describe when accrual levels change for short-term disability leave banks. Negotiating On Duty Officers will be allowed a reasonable amount of time to negotiate labor agreements on city time. If officers are called out for service, they must leave negotiations to take the call. Further, officers will not be paid when they come in on their day off to negotiate a labor agreement. 3. BUDGET IMPACT: The proposed agreement is within the established parameters set by the City Council in the 2011 budget. 4. ATTACHMENTS: Proposed 2011-2013 Labor Agreement Resolution Page 3 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES --LOCAL 18 Patrol) JANUARY 1, 2011- DECEMBER 31, 2013 Page 4 TABLE OF CONTENTS PAGE ARTICLE I. DEFINITIONS............................................................................................... 1 ARTICLE II. RECOGNITION............................................................................................ 1 ARTICLE III. EMPLOYER RIGHTS................................................................................. 1 ARTICLE IV. NO STRIKE................................................................................................. 2 ARTICLE V. SENIORITY.................................................................................................. 3 ARTICLE VI. WORK SCHEDULE.................................................................................... 5 ARTICLE VIII. DISCIPLINE............................................................................................. 7 ARTICLE IX. GRIEVANCE PROCEDURE...................................................................... 7 ARTICLE X. HOLIDAYS.................................................................................................. 10 ARTICLE XI. VACATION................................................................................................. 11 ARTICLE XII. DISABILITY LEAVE................................................................................ 11 ARTICLE XIII. EMERGENCY/FUNERAL LEAVE ........................................................ 16 ARTICLE XIV. INJURY ON DUTY LEAVE................................................................... 17 ARTICLE XV. INSURANCE............................................................................................. 17 ARTICLE XVI. CLOTHING ALLOWANCE.................................................................... 19 ARTICLEXVII. WAGES................................................................................................... 20 ARTICLE XVIII. DURATION........................................................................................... 21 APPENDIXA. WAGES...................................................................................................... 22 APPENDIX B. UNIFORM COSTS.................................................................................... 25 APPENDIX C. AGREEMENT FOR PURCHASE OF UNIFORMS AND EQUIPMENT 26 Page 5 2011--2013 Patrol Labor Agreement ARTICLE I. DEFINITIONS 1.1 LELS: Law Enforcement Labor Services (Local 18). 1.2 Employ A member of Law Enforcement Labor Services (Local 18) who has completed the probationary period with the EMPLOYER and has been granted regular full-time employment status. 1.3 Member: A member of LELS (Local 18) in the bargaining unit to which this contract applies. 1.4 EMPLOYER: The City Council of the City of Plymouth or its designee. 1.5 Days: Calendar days unless otherwise specified. ARTICLE IL RECOGNITION 2.1 The EMPLOYER recognizes LELS as the exclusive representative of an appropriate bargaining unit of City Employees consisting of Police Officer and Investigator positions, excluding all Field Supervisor positions and other supervisory personnel, as defined in Minn. Stat. 179A.03, Subd. 17; confidential personnel as defined in Minn. Stat 179A.03, Subd. 4; part-time employees as defined in Minn. State. 179A.03, Subd. 14(e); temporary employees as defined in Minn. Stat. 179A.03, Subd. 14(f). ARTICLE III. EMPLOYER RIGHTS 3.1 Except as explicitly limited by a specific provision of this Agreement, the EMPLOYER shall have the exclusive right to take any action it deems appropriate in the management of the City and the direction of the work force in accordance with its judgment. All inherent, statutory and common law management functions and prerogatives which the EMPLOYER has not expressly modified or restricted by specific provision of this Agreement are retained and vested exclusively with the EMPLOYER. The EMPLOYER shall have the sole and exclusive right to determine the functions and programs of the City, its overall budget, utilization of technology, the organizational structure and selection and direction and number of personnel. In addition, the EMPLOYER specifically reserves the exclusive right in accordance with its judgment to: reprimand or otherwise discipline Employees; hire, promote, transfer, and assign Employees to work; determine the starting and quitting time and the number of hours and days to be worked; maintain the efficiency of Employees: close down buildings or any part thereof or expand, reduce, alter, combine, transfer or cease any job, department, operation or service; subcontract any work done by the Employees, control and regulate the use of equipment and other property of the EMPLOYER; determine the number, location and operation of buildings, and divisions and departments thereof, the assignment of work and the size and composition of the work force, make or change rules, policies, introduce Page 6 2011--2013 Patrol Labor Agreement new or improved research, development, maintenance, service methods, materials or otherwise generally manage the City, direct the Employees and establish terms and conditions of employment, except as expressly modified or restricted by specific provision of this Agreement. The EMPLOYER'S non exercise of any function in a particular way shall not be deemed a waiver of its right to exercise such function or to preclude the EMPLOYER from exercising the same in some other way not in conflict with the express provisions of this Agreement. LELS agrees that it shall not establish or attempt to enforce upon the EMPLOYER, or any Employee, any rule or regulation which would interfere with the recognized right of management to carry out the foregoing provisions. 3.2 Effect of Laws, Rules and Regulations. LELS recognizes that all Employees covered by this Agreement shall perform the services prescribed by the EMPLOYER and shall be governed by the laws of the State of Minnesota, and by EMPLOYER rules, regulations, directives and orders, issued by properly designated officials. LELS also recognizes the right, obligation and duty of the EMPLOYER and its duly designated officials to promulgate rules, regulations, directives and orders from time to time as deemed necessary by the EMPLOYER insofar as such rules, regulations, directives and orders do not conflict with the express terms of this Agreement. 3.3 Reservation of Management Rights. The enumeration of the rights and duties of the EMPLOYER in this Agreement shall not be deemed to exclude other inherent management rights and management functions not expressly reserved herein and all management rights and management functions not expressly delegated in this Agreement are reserved to the EMPLOYER. ARTICLE IV. NO STRIKE 4.1 Strikes Prohibited. There shall be no strikes, stoppages, slowdowns, picketing or other interference with the operation of the EMPLOYER (all of which are referred to as strikes"). A strike shall mean concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown or the absence in whole or in part from the full, faithful and proper performance of the duties of employment. No officer or representative of LELS shall authorize, instigate, aid or condone any strike, and no Employee shall participate in any strike. The foregoing provisions shall not constitute grounds in which demand may be made for arbitration. Penalties. Any Employee who violates the provisions of this Article shall have their employment terminated by the EMPLOYER effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the Employee. An Employee who is absent from any portion of their work assignment without permission or who abstains wholly or in part from the full performance of their duties without permission from the EMPLOYER on the date or dates when a strike occurs is presumed to have engaged in a strike on such date or dates. Employees who violate the provisions of this Article may, subsequent to such violation be employed or re-employed but the 2 Page 7 2011--2013 Patrol Labor Agreement Employee shall be on probation for two (2) years with respect to tenure of employment. No Employee shall be entitled to any daily pay, wages or per diem for the days on which they engaged in a strike. ARTICLE V. SENIORITY For the purposes of this agreement, the following terms shall have the meanings provided below. 5.1 Definitions Service seniority:" a regular full-time Employee's length of continuous service with the EMPLOYER since the employee's last hiring date. Last hiring date:" shall mean the date upon which an Employee first reported for work at the direction of the EMPLOYER, since which the Employee has not resigned, retired, lost reinstatement rights from layoff, or been discharged. In the event two or more Employees are directed by the EMPLOYER to report to work on the same date, then and in that event, the seniority of those Employees will be based upon their respective rating on the eligibility list for employment from which they were selected for employment by the EMPLOYER. No time shall be deducted from an Employee's seniority date due to absences occasioned by authorized leaves or for layoffs. Classification seniority:" the total length of service within classification. Probationary Employee:" All new regular, full-time Employees shall be probationary Employees during the first twelve (12) months of their employment. During the probationary period, the new Employee shall have no seniority status. The new employee shall receive evaluations pursuant to the Personnel Policy. At the conclusion of the probationary period, the Employee's name shall be added to the seniority list as of the hiring date. Layoff:" Except in those instances where senior Employees are not qualified to perform remaining work, seniority shall determine the order of Layoff at the sole discretion of the EMPLOYER. 5.2 Layoff. 1. Layoff shall be by classification in inverse order of classification seniority. However, an Employee about to be laid off shall have the right to bump (displace) any Employee in a lower classification, provided that: 1) the EMPLOYER determines the Employee who is exercising bumping rights has previously held the position; 2) is adequately qualified as determined by the EMPLOYER to perform 3 Page 8 2011--2013 Patrol Labor Agreement the duties of the classification into which s/he is bumping; and 3) s/he has greater seniority than the Employee who is to be bumped. Any part-time employees in the affected classification shall be laid off before any full-time employees. 2. Recall from layoff, shall be by classification seniority in inverse order of layoff, provided that, if an Employee does not return to work upon recall, as directed by the EMPLOYER, or on an extended date mutually acceptable to the Employee and EMPLOYER, s/he shall automatically have terminated h/h employment. The EMPLOYER shall issue written notice of recall from an indefinite layoff to affected Employees by certified mail/return receipt, providing at least fifteen calendar (15) days to return to work. Recall notification shall be sent to the Employee's last known address. An Employee's name shall be retained on the recall list for one (1) year, at which time all rights to recall shall terminate. 3. The EMPLOYER shall not hire a new Employee in a classification where an Employee is laid off with the right of recall. 4. For any layoff anticipated to last for over fourteen days, the EMPLOYER shall provide a fourteen day written notice of layoff to all affected employees. 5. Voluntary Leaves Prior to Layoff. Prior to laying off an Employee, the EMPLOYER shall offer a voluntary leave of absence to other Employees in the affected classification to prevent the involuntary layoff of an Employee. The EMPLOYER may approve or deny any requested voluntary leave. An Employee on such leave shall continue to accrue only seniority as though the Employee was working. The leave shall be for a period not to exceed one (1) year from the effective date of the leave. An Employee on such leave shall be recalled to work pursuant to Section 5.2.2. 5.3 An Employee's seniority shall be terminated: 1. If the Employee resigns, retires, or is discharged for cause or is otherwise separated from employment. 2. If, when recalled to work following a layoff, the Employee fails to report to work as directed by the EMPLOYER. 3. If the Employee's rights to recall, following a layoff, expire. 5.4 In the event of a job opening in the bargaining unit, an announcement shall be posted by bulletin for ten (10) days, giving employees of the department the opportunity to apply for the opening and those qualified shall be given first—consideration. Where all qualifications are equal, the EMPLOYER shall give consideration to the most senior employee. However, the EMPLOYER shall, in no case, be required to employ such most senior employee. The EMPLOYER reserves the right to promote the most qualified employee whose qualifications the EMPLOYER shall determine. Employees selected for 2 Page 9 2011--2013 Patrol Labor Agreement a higher class job shall fulfill a new probationary period of twelve (12) months. Each probationary employee shall receive at least one evaluation at the midpoint of his/her probationary period in accordance with the performance management system currently used by the EMPLOYER. 5.5 A regular employee promoted to a higher level sworn position shall retain rights to his/her previously held position during probation with no loss of seniority. A regular employee promoted to a higher level sworn position who is demoted or voluntarily demotes after probation shall retain rights only to the seniority he/she earned as a member of the bargaining unit. 5.6 "Seniority lists." Within 30 days after the signing of this agreement, the EMPLOYER shall establish seniority lists as of the effective date of this agreement structured by each work classification and department service to include in order from highest - lowest seniority, all regular employees in the bargaining unit. This list shall be Appendix D. ARTICLE VI. WORK SCHEDULE 6.1 Work Schedule. The normal work shift shall be one period of eight/ten (8/10) or more consecutive hours within a twenty-four (24) hour period. The normal work week shall be the equivalent of forty (40) hours per week on an annualized basis. The work period shall be a twenty-eight (28) day period, beginning at midnight on January 1, 2005. Except as otherwise provided in this agreement, work schedules and lengths of shift shall be established by the EMPLOYER. Nothing contained herein shall be construed as a guarantee of a minimum or maximum number of hours the EMPLOYER may assign Employees. 6.2 The EMPLOYER is responsible to ensure that the shift schedule throughout the work year equals 2080 hours. It is understood that the Employee shall continue to have the opportunity to discharge this obligation through the Employee's participation in departmental training activities outside of the Employee's normal working hours. Employees who participate in the Employer's wellness event may charge up to two (2) hours against their obligation. All hours remaining which are not charged to training shall be assigned to the Employee by the Police Chief for regular police duties. The Police Chief shall maintain individual time records for each Employee to ensure that the intent of this section is met. 6.3 Service to the public may require the establishment of regular shifts for some Employees on a daily, weekly, seasonal, or annual basis of other than the normal shift. The EMPLOYER will give 24 hours advance notice to the Employees affected by the establishment of such workdays. 5 Page 10 2011--2013 Patrol Labor Agreement 6.4 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. 6.5 Senior qualified employees shall have shift preference after twelve (12) months employment. Shift periods shall occur three times per year. Employees must bid on a shift other than their first preference at least once every other year until the employee reaches fifteen years of service. (The previous sentence is waived for 2011.) Shift start times and length shall be defined by the Employer and posted prior to the next year's shift pick. Shift preference for the three trimesters must be selected by 00:01 A.M., December 1 st of the previous year. 6.6 Relief Periods. Two relief periods not to exceed fifteen (15) minutes are allowed on each Employee's shift. One relief period is to be taken during the first half of the shift and the second relief period to be taken during the second half of the shift. 6.7 Meal Period. Each Employee shall be allowed one (1) thirty (30) minute meal period normally to be taken at the midpoint of the scheduled work shift. ARTICLE VII. PREMIUM PAY 7.1 Overtime. Employees who work in excess of the established shift hours shall be compensated at one and one-half (1-1/2) times the employee's regular base pay rate for hours in excess of the established shift hours. A scheduled change of shifts within a 24- hour period when moving from one rotation cycle to another does not qualify for overtime. 7.2 Employees may be assigned to work overtime at the discretion of the EMPLOYER. Employees shall be required to work overtime unless excused by the EMPLOYER. Employees who refuse to work overtime may be subject to disciplinary action. 7.3 Call Back Pay. An Employee called back to work at a time other than their normal scheduled shift shall receive a minimum of two (2) hours' pay at one and one-half (1-1/2) times the Employee's regular base pay rate. Reporting early for a shift or an extension of a shift for call back does not qualify for this minimum. 7.4 Standby and Court Pay. Off duty Employees shall be compensated at one (1) hour's pay for each hour on call or standby. Employees placed on standby or on call shall receive a minimum of two (2) hours pay. Time on a pager status shall be considered standby. The employee shall receive the minimum pay unless notified by 1630 hours on the day previous to the scheduled court day that he/she is not required to appear. 7.5 Employees that are required to testify in court during off duty hours shall receive a minimum of three (3) hours' pay at time and one-half of their regular base hourly rate. The employee shall receive the minimum pay unless notified by 1630 hours on the day 0 Page 11 2011--2013 Patrol Labor Agreement previous to the scheduled court day that he/she is not required to appear. Reporting early for a shift or an extension of a shift for court duty does not qualify for this minimum. 7.6 Plymouth Police Department Policy and Operating Procedures Manual Section 401, L, 2- 7 regarding the payment of overtime for training is incorporated by reference. ARTICLE VIII. DISCIPLINE 8.1 New Employees and Employees who have been rehired shall be on a twelve (12) month probationary period and may be disciplined or discharged by the EMPLOYER in its sole and exclusive discretion at any time during such twelve (12) months' probationary period. Employees who have completed the probationary period may be disciplined, suspended, or discharged for cause. 8.2 Discipline may be in one or more of the following forms: 1. Oral reprimand; 2. Written reprimand; 3. Suspension; 4. Demotion; or 5. Discharge. 8.3 Notices of suspension, demotions, and discharges will be in written form and will state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions will state the classification to which the Employee is demoted. LELS shall be provided with a copy of each such notice. 8.4 Employees may examine their own personnel files at reasonable times under the direct supervision of the EMPLOYER. 8.5 Grievances relating to this Article may be initiated by LELS or an Employee under the terms of the Grievance Procedure. The Employee shall notify LELS if the grievance goes to the Second Step. ARTICLE IX. GRIEVANCE PROCEDURE Definitions 9.1 A "grievance" is a written claim or complaint by LELS or an Employee over the interpretation or application of the express terms of this Agreement. 9.2 Unless specifically stated otherwise, "days" shall mean " calendar days" throughout this Article. 7 Page 12 2011--2013 Patrol Labor Agreement 9.3 General Requirements 9.3.1 If any Employee does not file a grievance in writing within twenty-one (21) days after the Employee knew or should have known the act or condition on which the grievance is based, then the grievance shall be deemed to have been waived and the Employee shall not have recourse to this grievance procedure. 9.3.2 The number of days indicated at each level shall be considered as a maximum, and every effort should be made to expedite the process. The time limits specified may be extended only by mutual agreement in writing. 9.3.3. All decisions rendered shall be in writing, dated, and shall set forth the decision and reason for the decision and be transmitted promptly to LELS and to the EMPLOYER. 9.3.4 All grievances shall be presented in writing and contain the following elements: A. Name of the aggrieved Employee. B. Reference to the specific portion of the Agreement at issue in the grievance. C. The nature of the grievance, when it took place, and the informal actions taken in an attempt to resolve it. D. Requested action of the EMPLOYER to resolve the grievance. 9.3.5 Any grievance arising from a decision or interpretation of the provisions of this Agreement made at a given level cannot be grieved at a lower level. In the event a grievance is not appealed to the next step within the specified time limits or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. 9.4 Procedure 9.4.1. A grievance shall first be presented to the Employee's immediate supervising Sergeant, or a designated representative. Within ten (10) days after receipt of the grievance, the Sergeant shall meet with the aggrieved Employee to resolve the grievance. Within ten (10) days after such meeting, the Sergeant shall make a decision and communicate the same to the aggrieved Employee. 9.4.2. If an Employee is not satisfied with the disposition of the grievance by the Sergeant, the aggrieved Employee after notifying LELS may within ten (10) days after receipt of the disposition of the grievance submit the grievance to the Lieutenant. The Lieutenant shall meet with the aggrieved Employee and within ten Page 13 2011--2013 Patrol Labor Agreement 10) days after such meeting, the Lieutenant shall make a decision and communicate the same to the aggrieved Employee and LELS. 9.4.3. If LELS is not satisfied with the disposition of the grievance by the Lieutenant, the Union may within ten (10) days after receipt of the disposition of the grievance submit the grievance to the Chief. The Chief shall meet with LELS and within ten 10) days after such meeting, the Chief shall make a decision and communicate the same to LELS. 9.4.4. If LELS is not satisfied with the disposition of the grievance by the Chief, LELS may within ten (10) days after receipt of the disposition of the grievance submit the grievance to the City Manager. The City Manager shall meet with LELS and within ten (10) days after such meeting, the City Manager shall make a decision and communicate the same to LELS. 9.5 If the grievance is not resolved at Step 4 with the City Manager, the EMPLOYER or LELS by mutual agreement may submit the matter to mediation. Submitting the grievance to mediation preserves timelines for the arbitration of the grievance as set forth below. 9.6 If LELS is not satisfied with the disposition of the grievance by the City Manager, the Union may institute arbitration proceedings within ten (10) days. The selection of an arbitrator shall be done in accordance with the Rules promulgated by the Bureau of Mediation Services (currently Minnesota Rules 5510.5170 Subpart 2). 9.7 The arbitrator shall be empowered, except as limited below, to make a final and binding decision in cases of alleged violation of rights expressly accorded by this Agreement. Limitations on the power of the arbitrator are as follows: 1. They shall have no power to add to or subtract from or modify any of the terms of this Agreement. 2. They shall have no power to establish or change wage rates or establish any fringe benefits. 3. They shall have no power to decide any question, which, under this Agreement, is within the right of management to decide. 4. In no case, shall the EMPLOYER be required to pay back wages for more than two years from the date upon which the grievance regarding such issue of back wages is brought to the attention of the EMPLOYER in the form of a grievance. 9.8 All fees and expenses of the arbitrator shall be shared equally by the EMPLOYER paying one-half (1/2) of such fees and expenses and the Employee or LELS paying one-half 1/2). Each party to the arbitration procedure shall be responsible for compensating its 0 Page 14 2011--2013 Patrol Labor Agreement own representatives and spokespersons and all expenses incurred in preparing and presenting its arbitration case. 9.9 The arbitrator shall have no right to require the EMPLOYER, LELS, or any Employee to perform any act contrary to law or contrary to the provisions of this Agreement. 9.10 Employees who are subject to a veterans' preference hearing must elect to have either a veteran's preference hearing or a hearing before an arbitrator following the disposition of a grievance by the City Manager. In no event shall such an employee be entitled to both a hearing under veterans' preference laws and final and binding arbitration as provided for in this agreement. ARTICLE X. HOLIDAYS 10.1 Employees shall receive eighty-four (84) hours of holiday leave per year as follows: 1) Employees assigned to other than a forty (40) hour week receive eighty-four (84)hours as an offset to their total 2080 hours of work. 2) Employees assigned to a forty (40) hour work week receive ten (10) recognized holidays. In years when Christmas day falls on Tuesday, Wednesday, Thursday or Friday, the latter half of the 8 -hour day on December 24 shall also be recognized as a holiday. In years when Christmas day falls on Saturday, Sunday or Monday an additional four hours of vacation shall be granted, accrued in bi- weekly increments throughout the calendar year. 10.2 Eight (8) hours of holiday leave shall be granted to eligible Employees for each of the following ten holidays: New Year's Day, Martin Luther King's Birthday, President's Day; Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Holiday (Thanksgiving Thursday and Friday), and Christmas Day. The EMPLOYER shall issue a list of these ten recognized holidays and the dates on which they will be observed in December of the year prior to when the holidays will be observed. 10.3 Floating holidays (16 hours) formerly provided under this article are now reflected in the vacation leave accrual. 10.4 Employees normally scheduled to work the following holidays shall receive pay at one and one-half (1-1/2) times the Employee's regular base pay rate for the assigned shift hours and two (2) times the Employee's regular base rate for any additional hours actually worked during the below listed periods: 1. New Year's 4:00 p.m. December 31 until 4:00 p.m. January 1. 2. Martin Luther King Day 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 10 Page 15 2011--2013 Patrol Labor Agreement 8. Thanksgiving Day 9. Friday after Thanksgiving 10. Christmas 4:00 p.m. December 24 until Midnight December 26 ARTICLE XI. VACATION 11.1 Vacation leave is authorized absence from duty, with pay, earned by all regular full-time Employees in accordance with the following schedule: Completed Years of Employment 0-5 6-9 10 11 12 13 14 15+ Leave Accrued Per Year in Hours 100 140 148 156 164 172 180 191 11.2 Regular full time employees shall be permitted to accumulate a maximum credit of 300 hours of vacation. Employees shall use vacation leave in amounts of not less than one (1) hour. 11.3 The EMPLOYER will recognize the employee's service seniority as the primary factor when authorizing vacation leave. 11.4 Health Care Savings Plan Arrangement. Members of the bargaining unit are eligible to participate in the health care savings arrangement for retiring employees as described in Section 3-15 of the Personnel Policy. ARTICLE XII. DISABILITY LEAVE 12.1 Overview: This policy provides income continuation to eligible employees through a combination of short-term, mid-term and long-term disability coverages: Short term disability is credited annually on January 1 to each regular employee at a rate of 6 days (48 hours), 8 days (64 hours), or 10 days (80 hours) based upon length of service to provide income continuation to the employee for illness or injuries which result in a work absence from one (hour) to two full work days in duration. Mid-term disability coverage for income continuation commencing on the third consecutive work day absent and is credited to an employee at the rate of 15 days (120 11 Page 16 2011--2013 Patrol Labor Agreement hours) following six months employment. Thereafter, on January 1 of each year, the employee is credited with additional mid-term coverage hours based upon the number of unused short-term hours remaining on December 31 of the preceding year multiplied times two. Long term disability is provided through an insurance policy which currently provides for long term disability benefits following 180 calendar days of disability at 66-2/3% of the employee's monthly income. 12.2 Definitions: For the purposes of the disability policy, the following terms shall have the meanings provided below. 1. "Anniversary Date" shall mean the date upon which an employee first reported for full-time work at the direction of the City, since which time the employee has not resigned, retired or been discharged. 2. "Disability" means a state of incapacity due to personal illness, or accidental bodily injury to a full-time employee except for illness or accidental bodily injury incurred while self-employed or employed by other than the City, which requires the regular and personal attendance of a licensed physician and/or which prevents an employee from performing substantially all of the duties of a position for which the employee is reasonably qualified by training, education or experience. The term "disability" also applies if the employee's minor child (under 18 years or under 20 years if attending secondary school) requires care from the employee due to the child's illness. 3. "Mid term disability" may be further defined as authorized leave following the birth or adoption of a child. In order to be eligible an employee must give at least a three- week notice of his intention to use such leave. He must also use an equal amount of vacation or comp time, on an hour for hour basis, in order to qualify for the use of mid-term disability leave. No more than three weeks (120 hours) of mid term disability leave may be used for this purpose. The 120 hours of mid-term disability leave must be used within 26 weeks of the birth or adoption of the child. 4. "Short and Mid Term Disability leave" is authorized absence from duty with pay granted regular full time employees who have successfully completed six (6) months of employment with the City and who become disabled. Disability leave is not a right which an employee may use at the employee's discretion. Disability leave shall be allowed by the supervisor and the City Manager only in the case of verified necessity and actual need. The purpose of any disability leave is to provide income continuation during that period of time when the employee is unable to perform substantially all of the duties of a position for which the employee is qualified by training, education or experience due to personal illness or accidental bodily injury. 12.3 Disability Leave Benefits: 12 Page 17 2011--2013 Patrol Labor Agreement 1. Short Term Coverage: For continuous disability absences involving a minimum of one hour to a maximum of two full work days, a short term coverage program is available to full time employees. 2. Mid-term Coverage: For disability absences commencing on the third consecutive lost work day and beyond subject to the employee mid-term balance and the usage/accrual maximum. 3. Crediting Short and Mid-term Coverage: Short and mid-term coverage are credited based upon the following: Employee Length of Service Short -Term Coverage Mid -Term Coverage Following completion of the 6 days (48 hours) 15 days (120 hours) initial six months employment Each January 1st following 6 days (48 hours) Two times the unused short - completion of the initial term coverage of the probationary period through preceding year credited to the five years of service existing mid-term balance. Each January 1st after the 8 days (64 hours) Two times the unused short - fifth year of service through term coverage for the the tenth year of service. preceding year credited to the existing mid-term balance. Each January 1st after the 10 days (80 hours) Two times the unused short - tenth year of service subject term coverage for the to the usage accrual cap. preceding year credited to the existing mid-term balance. Example: An employee with a hire date of February 23, 2000 will receive adjustments according the following schedule: 1//1/0664 hours; 1/1/1180 hours. 4. Short-term coverage is available for use for disabilities as defined in this section and the employee's balance shall be reduced for any full or partial days used. 5. Mid-term coverage is available for use for disabilities as defined in this section commencing the third consecutive work day of disability until 180 calendar days has elapsed or the employee's balance is exhausted. Each employees' mid-term 13 Page 18 2011--2013 Patrol Labor Agreement coverage balance is reduced by full day(s) or one-half day(s) as appropriate for each usage. 6. If the employee uses all short-term coverage before the end of the year in which credited, he/she may use vacation or leave of absence without pay with the supervisor's approval for disability absences of two consecutive days or less. 7. An employee may use vacation or leave without pay for absences up to 8 consecutive days eligible for mid-term coverage with or without a remaining balance with the supervisor's prior approval. Requests for leave of absence without pay in excess of 8 days requires prior City Manager approval. Such substitutions shall be documented on the Personnel Action Form to confirm use of vacation, floating holiday or leave of absence without pay for disability purposes. 12.4 Short- and Mid -Term Coverage Maximum Usage Accrual. The maximum number of work days for which an employee may receive paid short-term and/or mid-term disability benefits under this policy during the employee's career with the City shall be 300 eight-hour work days or 2400 hours. An employee shall not be provided benefits beyond the amount of his/her balance. Upon reaching this maximum, the employee will no longer be eligible to receive paid disability benefits under this section. 12.5 Administration of Short and Mid -Term Coverage: This policy shall be administered by the employee's supervisor. The procedures set forth below will be followed in administering the policy: 1. The disability benefits provided by this policy, including such other benefits as the employee may be entitled to receive such as, but not limited to, Worker's Compensation or personal injury protection coverage, shall not exceed the employee's regular straight time earnings as of the initial date of disability. 2. Disability benefits shall be calculated at the employee's regular straight time earning rate as of the date the disability leave originally commenced. In no instance shall an employee receive disability leave benefits under the provisions of this policy in excess of the employee's normal weekly compensation less federal and state income taxes. 3. To be eligible to receive disability leave benefits, an employee shall inform the immediate supervisor not later than 30 minutes after the time the employee was scheduled to begin work or as provided by departmental rules. Employees are responsible for keeping the supervisor advised on at least a weekly basis of their disability status to remain eligible for paid benefits. 4. The City shall reserve the right to have its own physician examine the employee periodically to render an opinion dispositive on whether the 14 Page 19 2011--2013 Patrol Labor Agreement employee is able to return to productive work with the City. If, in the City's sole judgment, an employee is deemed to be able to resume productive work for the City, the employee shall be directed to report to an appropriate work assignment. If the employee fails to report for work as directed, paid benefits shall be terminated upon recommendation of the supervisor and approval of the City Manager. 5. When an employee requests any disability leave benefits, a physician's statement may be required by the supervisor upon the employee's return to work and before payment of benefits. The physician's statement must indicate the nature and length of the disability, any restrictions which the disability places upon the employee's ability to perform the work of the position and attest to the employee's ability to return to work. An employee who has been asked by the supervisor to provide such a statement shall not be allowed to receive benefits until complying with this provision. In the event the period of disability exceeds four (4) days, the employee will be responsible for submitting a physician's statement acceptable to the supervisor prior to receiving benefits under this program. Upon returning to work, the employee shall complete and submit to the supervisor the prescribed personnel action form stating the nature and duration of the disability for which benefits are requested. The City Manager may waive the provision of this section at his/her sole discretion. 6. An employee who makes a false claim of disability leave shall be subject to disciplinary measures, including discharge, which in the opinion of the supervisor and/or City Manager is justified by the circumstances involved. 7. While receiving paid benefits under this section the employee will continue to accrue vacation leave and receive city contributions to retirement and insurance programs sponsored by the City in which the employee participates. Holiday pay will be administered in accordance with Article X. 8. Short-term and mid-term coverage balances shall not be converted to any other form, i.e., cash, vacation, or any other thing of value at any time for any purpose for any employee. 12.6 If the use demonstrates an absence pattern or excessive use and/or abuse, further use may be disallowed or the employee may be subject to discipline. 1. The decision to grant or deny paid disability benefits shall be made by the employee's supervisor subject to the approval of the City Manager. If the request is denied, the employee may discuss the matter with the supervisor and the City Manager. Following such meeting, the City Manager shall reevaluate the employee's request and make a decision on the request. The decision of the City Manager following such meeting shall be final. 15 Page 20 2011--2013 Patrol Labor Agreement 12.7 Eligibility for Long -Term Disability. Long-term disability leave is authorized absence from duty with pay granted full-time employees of the City. Long-term disability benefits shall be available to eligible full-time employees based exclusively upon the terms and conditions contained in the contract with the City and its long-term disability insurer. The terms and benefits under the program are subject to change from time to time. A complete copy of the contract dealing with the terms and conditions for the long-term disability benefits program shall be on file with the Finance Department and shall be available for review by employees. 12.8 Benefits. The current issued long-term disability program provides for the following benefits. 1. Elimination Period. Benefits are payable commencing with the 181 st calendar day of disability. 2. The eligible employee shall receive 66-2/3% of the employee's regular straight time compensation as of the date the disability commenced payable to age 70 subject to coordination with any and all other disability benefits whether provided by the city or another public agency. 3. When on approved paid long-term disability leave the employee shall not receive city contributions to retirement and insurance programs considered as time in active service unless this paragraph is specifically waived by the City Manager. ARTICLE XIII. EMERGENCY/FUNERAL LEAVE 13.1 Emergency/funeral leave may be granted to regular full-time City employees by the employee's immediate supervisor. To be eligible for emergency/funeral leave an employee must furnish adequate proof that a death has occurred within the employee's immediate family or that a member of the immediate family suffers from a debilitating personal illness or accidental bodily injury such that his/her physical care requires the continuous presence of the employee. The term "immediate family" shall include the spouse, adult child, mother, father, brother, sister of the employee, or grandmother or grandfather of the employee or spouse, mother-in-law or father-in-law. Relatives of the employees other than those above -listed shall not be considered members of the immediate family for the purposes of this policy, except that an employee may receive funeral leave benefits in the event of the death of his/her child. 13.2 Paid emergency/funeral leave may be granted for one, two or three work days where the supervisor concludes such leave is warranted provided that not more than three days (24 hours) of paid emergency leave per calendar year shall be allowed. The immediate 16 Page 21 2011--2013 Patrol Labor Agreement supervisor shall grant or deny such requests and maintain records of emergency leave granted. ARTICLE XIV. INJURY ON DUTY LEAVE 14.1 In those cases where an Employee is injured on duty through no misconduct of the Employee's own and while safely performing assigned duties, the Employee shall be eligible for Injury On Duty Leave. The Employee must report the injury within twenty- four (24) hours of its occurrence to qualify for such leave. The City Manager shall review each case and make a determination based on the foregoing criteria and shall make a final and binding determination on the Employee's eligibility for such leave. 14.2 No Employee shall be granted Injury On Duty Leave until the Employee has been absent from duty for a period of forty (40) hours. If an employee is hospitalized for more than 48 hours immediately following an injury, the forty (40) hour waiting period shall be waived. During this period the Employee shall be required to utilize their disability leave as provided in Article 12. 14.3 If an Employee is found to be eligible for Injury On Duty Leave, in accordance with the provisions of Section 14.1 and 14.2 above, they shall receive supplementary payments from the EMPLOYER equal to the difference between the total amount of all other injury -related benefits and their normal rate of pay. Such supplementary payments shall not continue for more than one -hundred and five (105) consecutive calendar days and shall not be charged against the Employee's disability leave. 14.4 Injury On Duty Leave shall extend for a maximum of one -hundred and five (105) consecutive calendar days. The EMPLOYER may require the injured Employee to be examined by a physician or consultant selected by the EMPLOYER in order to determine whether the Employee is able to return to work pursuant to the provisions of 14.5 below: 14.5 Injury On Duty Leave shall be terminated by the EMPLOYER at such time as: The Employee is able to return to work; 2. A duly qualified physician determines that the Employee is able to perform duties for the EMPLOYER for which the Employee is or may reasonably become qualified to perform by experience, education or training. ARTICLE XV. INSURANCE 15.1 The EMPLOYER will select and provide group health insurance with benefits substantially the same as presently exist for the duration of this Agreement. 17 Page 22 2011--2013 Patrol Labor Agreement Beginning January 1, 2011, the formula for premium contributions by the Employer shall be as follows: Total City City Total EE Monthly Contribution Contribution COP Contribution Premium to Premium to VEBA Contribution to Premium VEBA 832 M Single ($2,250 Deductible) 419.50 419.50 353.00 772.50 0.00 Family ($4,500 Deductible) 1,048.00 667.55 243.94 911.49 380.45 VEBA 830 Single ($1,200 Deductible) 504.50 504.50 275.00 779.50 0.00 Family ($2,400 Deductible) 1,260.50 769.82 141.67 911.49 490.68 Employees who waive health insurance receive $353 monthly toward VEBA In the event the premiums are increased beyond the maximum contributions provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. In years 2012 and 2013, the EMPLOYER and EMPLOYEE will split the value of the increase or decrease in health insurance premiums for the VEBA 830 plan 50150. If an employee waives health coverage with proof of group coverage, the EMPLOYER'S contribution will be equal to the contribution set for the major medical with VEBA 832 plan but the amount must be placed in a VEBA account. 15.3 Effective May 1, 2008, the EMPLOYER will provide the Employee with term life insurance and accidental death and dismemberment insurance in the total face amount of 100,000. The EMPLOYER will pay a sum not to exceed $30.00 per month for the foregoing coverage. In the event the premium is increased beyond the maximum UK Page 23 2011--2013 Patrol Labor Agreement contribution provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. 15.4 The EMPLOYER will select and provide one or more group Dental Insurance Plans. The types of benefits and the cost participation provided by the plan will be as follows: Coverage A: Regular services - 100% of usual, customary and reasonable fees. Coverage B: Restoration services - 80% of usual, customary and reasonable fees. Coverage C: Prosthetics (removal and fixed) - 50% of usual, customary and reasonable fees. 500 maximum per covered person per coverage year. In 2008, an employee who selects either single or no health coverage may apply money not applied to the health insurance premium to single or family dental insurance premiums. In 2009, if an employee selects either of the single VEBA health plans or waives health coverage, the Employer shall pay the cost of single or family dental insurance premiums. If an employee selects the single Triple Gold health plan, the Employer shall pay the cost of single dental insurance premiums. In the event the premiums are increased beyond the maximum contributions provided by the EMPLOYER above, such increase shall be paid by the Employee through payroll deduction. If the Employer provides a greater benefit for health or dental insurance or VEBA/deferred compensation contribution to another group of employees for 2009, the Employer will provide the same benefit to this bargaining unit. 15.5 All employees of the unit eligible for long-term disability insurance coverage shall pay, through payroll deduction, the full cost of such coverage. 15.6 The Employer will administer a Health Care Savings Arrangement as described in the Personnel Policy Section 3-15. A subsection of that Section shall describe the formula for converting unused vacation into an Employer contribution. ARTICLE XVI. CLOTHING ALLOWANCE 16.1 On the first and fourteenth paycheck of 2011-2013 employees shall be paid $437.50 for clothing allowance ($875 total). This allowance is for the purchase, maintenance, repair and replacement of uniforms and equipment provided by the Employee and for the civilian clothing for those Employees assigned to work in plain clothes. The 19 Page 24 2011--2013 Patrol Labor Agreement EMPLOYER shall provide uniformed Employees with the following items: badge, cap badge, collar brass, shoulder patches, helmet, mace and mace holder. The EMPLOYER shall provide an initial issue of uniforms and equipment to newly hired police officers. This initial issue (Appendix B) and the value thereof shall be recorded in an agreement (Appendix C) between the new hire and the EMPLOYER. The agreement between the new hire and the EMPLOYER shall also outline the new hire's obligation regarding the initial issue. Upon completion of the probationary period an employee shall receive a clothing allowance at the contract rate for the year in which it occurs which represents the 12 month probationary period and an additional pro rata share of that rate at one -twelfth (1/12) for each additional month remaining before the next half- year payment. This allowance shall be applied to the amount owed by the new hire for the initial issue. All subsequent clothing allowance payments shall be applied to the amount owed until the entire value of the initial issue has been repaid. 16.3 In the event the Employer mandates a uniform change, the Employer will give employees one year from the date of notice before full compliance with the change is required. If the Employer chooses to effect the change with less than one year's notice the Employer shall reimburse employees for receipted costs to comply. A change mandated by state or Federal law will not be reimbursed. ARTICLE XVII. WAGES 17.1 Step merit wage increases shall not be considered automatic, rather shall be dependent upon the recommendation of the Employee's immediate supervisor, the Police Chief, and approved by the City Manager. Such merit increases shall normally be considered annually at the Employee's anniversary date and be made effective on the pay period nearest the Employee's anniversary date which shall be considered the Employee's date of last hiring. Achievement of the top step depends upon satisfactory or better performance rating each year, should performance not meet or continue to meet the "satisfactory" or better performance rating, the officer shall receive the top step less $75 per month until the officer's performance is again satisfactory. 17.2 It is understood that the wage rates established pursuant to this Agreement have been arrived at between the parties recognizing the fact that no special supplemental forms of compensation, such as longevity pay or educational incentive pay, are provided Employees. The parties recognize that the base wage provided for in this Agreement is a more equitable way of compensating Employees than through the use of special supplemental forms of compensation, such as longevity pay or educational incentive pay, and the wage rates established hereby recognize this understanding. 17.3 The job classifications and applicable wage rates therefore are set forth in Appendix A attached hereto and by this reference made a part hereof. 20 Page 25 2011--2013 Patrol Labor Agreement ARTICLE XVIII. DURATION 18.1 Term of Contract. This contract shall become effective as of January 1, 2011 and shall continue in full force and effect to and including December 31, 2013. 18.2 Effect of Contract. Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this contract, are hereby superseded. 18.3 Termination or Modification. Either party desiring to terminate or modify this contract must notify the other party. A notice of desire to modify this contract shall set forth specifically all proposed modifications sought by the party. Negotiations with respect to proposed modifications may commence at any time after notice of proposed modifications has been given. Notwithstanding the provisions of 18.1, 18.2 and 18.4, the parties agree that they will reopen negotiations for the purpose of discussing conversion from a vacation/disability leave plan to an annual leave plan. 18.4 Negotiations During Term. The parties mutually acknowledge that during the negotiations which resulted in this contract, each had the opportunity to make demands and proposals regarding terms and conditions of employment. All understandings and agreements arrived at by the parties are set forth in this contract. For the duration of this contract, the EMPLOYER and LELS each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment, whether or not specifically referred to or covered in this contract, even though such matters may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. Officers will be allowed a reasonable amount of time to negotiate labor agreements on while "on duty". If officers are called out for service, they must leave negotiations to take the call. Further, officers will not be paid when they come in on their day off to negotiate a labor agreement. 18.5 Full Agreement. The EMPLOYER and LELS agree that this Agreement contains all of the terms and conditions of employment which have been arrived at and that the EMPLOYER shall not be obligated to provide or maintain any terms and conditions of employment not provided herein. IN WITNESS WHEREOF, the parties have executed this contract as follows: LAW ENFORCEMENT LABOR CITY OF PLYMOUTH SERVICES, INC. LOCAL 18 --Patrol 21 Page 26 2011--2013 Patrol Labor Agreement MAYOR CITY MANAGER APPROVED BY RESOLUTION NO. XXXX DATE: September 13, 2011 APPENDIX A. WAGES POSITION CLASSIFICATION GRADE Police Officer Pi SRO, SN, CFMH P2 Investigator P3 The following wage rates shall be effective with the pay period commencing nearest to March 1, 2011. Grade A B C D E F G H I P1 $23.94 $26.12 $28.15 29.98 32.99 33.51 35.07 35.26 35.94 After 2 years 3 years 4 years 9 years 12 years 15 years P2 30.73 33.74 34.27 35.82 36.02 36.70 After 2 years 3 years 4 years 9 years 12 years 15 years P3 31.49 34.50 35.04 36.58 36.77 37.47 22 Page 27 2011--2013 Patrol Labor Agreement The following wage rates shall be effective with the pay period commencing nearest to January 1, 2012. Grade A B C D E F G H I P1 $24.42 $26.64 $28.71 $30.58 33.65 34.18 35.77 35.96 36.65 After 2 years 3 years 4 years 9 years 12 years 15 years P2 $31.35 34.42 34.95 36.54 36.74 37.44 After 2 years 3 years 4 years 9 years 12 years 15 years P3 $32.12 35.19 35.74 37.31 37.51 38.22 The following wage rates shall be effective with the pay period commencing nearest to January 1, 2013. Grade A B C D E F G H I 131 $24.66 $26.91 $29.00 30.88 33.98 34.52 36.13 36.32 37.02 After 2 years 3 years 4 years 9 years 12 years 15 years P2 31.66 34.76 35.30 36.91 37.10 37.81 After 2 years 3 years 4 years 9 years 12 years 15 years P3 32.44 35.54 36.10 37.69 37.88 38.60 The following wage rates shall be effective with the pay period commencing nearest to March 1, 2013. Grade A B C D E F G H I P1 $24.91 $27.18 $29.29 31.19 34.32 34.87 36.49 36.69 37.39 After 2 years 3 years 4 years 9 years 12 years 15 years P2 31.98 35.11 35.66 37.28 37.48 38.19 After 2 years 3 years 4 years 9 years 12 years 15 years P3 32.77 35.90 36.46 38.06 38.26 38.99 For January, 2008, for Police Officers the normal step progression shall be placement on Step A at hire, on Step B after 6 months of service, Step C after one year, D after 2 year, E after 3 years, F after 4 years, G after 9 years and H after 15 years of service. For July, 2008 and thereafter, for Police Officers the normal step progression shall be placement on Step A at hire, on Step B after 6 months of service, Step C after one year, D after 2 year, E after 3 years, F after 4 years, G after 9 years and H after 12 years of service and I after 15 years of service. 23 Page 28 2011--2013 Patrol Labor Agreement Nothing in this section shall preclude the EMPLOYER from negotiating a higher entry-level wage if the EMPLOYER determines that relevant experience and -education permit such higher rate For School Resource Officers (SRO), Special Investigative Unit Officers (SIU), Crime Free Multi -Housing Officers (CFMH) and Investigators, the normal step progression shall be placement on the step which represents his/her current years of service and progression through the steps based on years of service with the City of Plymouth as outlined on the salary grid. 24 Page 29 2011--2013 Patrol Labor Agreement APPENDIX B. UNIFORM COSTS ITEM UNIT PRICE QUANTITY TOTAL ITEM COST Summer Cap 30.00 1 30.00 Winter Cap 30.00 1 30.00 Shirt Short Sleeved 40.00 3 120.00 Shirt Long Sleeved 42.00 3 126.00 Trousers 50.00 3 150.00 Jacket 250.00 1 250.00 Belt - Garrison 20.00 1 20.00 Belt - Keepers 2.50 4 10.00 Double Magazine Pouch 25.00 1 25.00 Hand Cuffs 30.00 1 30.00 Hand Cuff Case 20.00 1 20.00 Holster (Level 2) 64.00 1 64.00 Gun 400.00 1 400.00 Foot Wear 80.00 1 80.00 Badge 80.00 1 80.00 Flashlight Holder 25.00 1 25.00 ASP/Baton 50.00 1 50.00 ASP/Holder 25.00 1 25.00 Turtle Neck Shirt 20.00 2 40.00 Winter Footwear 80.00 1 80.00 25 Page 30 2011--2013 Patrol Labor Agreement APPENDIX C. AGREEMENT FOR PURCHASE OF UNIFORMS AND EQUIPMENT AGREEMENT FOR PURCHASE OF UNIFORMS AND EQUIPMENT THE UNDERSIGNED, a Police Officer employed by the City of Plymouth Officer"), hereby acknowledges that City has paid for an initial issue of uniforms and equipment to the Officer as more specifically described on the attached list (hereinafter collectively referred to as "Uniforms"), worth Dollars ($) (the Debt"). The Officer hereby agrees to repay the Debt as follows: 1) under the terms of the labor agreement (Clothing Allowance), 2) in the event that the Officer's employment with the City is terminated by either the City or the Officer for any reason prior to payment of the Debt, the Officer shall return any items listed on the attached list which reflect the amount of the Debt remaining to be paid (items will be valued at 75% of their cost as of date of hire). The Officer agrees that the City shall have complete discretion regarding which listed item(s) must be returned by the Officer as representative of the dollar amount still owed on the Debt. The Officer acknowledges that the City of Plymouth shall own the Uniforms until the Debt is paid in full. OFFICER: BY: Printed Name: Date: 26 Page 31 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION APPROVING THE 201 1-201 3 LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES (LELS)--PATROL WHEREAS, representatives of the City of Plymouth and Law Enforcement Labor Services, representing Plymouth patrol officers have met to negotiate a labor contract in accordance with the Public Employee Labor Relations Act, and WHEREAS, the City Manager has reported that an agreement has been reached for the period of January 1, 2011 through December 31, 2013; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it does hereby approve the labor agreement between the City of Plymouth and LELS Patrol, for the period of January 1, 2011 through December 31, 2013 FURTHER, that the Mayor and City Manager are authorized to execute the agreement. Approved this 13th day of September 2011. Page 32 c;ty or Agenda 6.17PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk September 13, 2011 Reviewed by: Cal Porter, Administrative Services Director Item: Approve Amended 2011 Council Meeting Schedule 1. ACTION REQUESTED: Adopt the attached Resolution approving amended 2011 Council Meeting Schedule. 2. BACKGROUND: The City Council adopted the 2011 Regular Council meeting schedule at the November 9, 2010 Council meeting. There was an oversight in that schedule regarding the starting time of the November 8 meeting. Due to that day being an election day for school districts, no public meetings can be held from 6:00 p.m. -8:00 p.m. Therefore, the attached resolution clarifies that the Regular meeting on November 8 will begin at 8:00 p.m. 3. BUDGET IMPACT: There is no impact to the budget. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION APPROVING AMENDED RESOLUTION NO. 2010-303 WHEREAS, on November 9, 2010, the City Council adopted the 2011 Regular Meeting Schedule by Resolution No. 2010-303; and WHEREAS, that resolution failed to note that November 8 is an election day for school districts; and WHEREAS, due to November 8 being an election day, no public meetings can be scheduled from 6:00 p.m. -8:00 p.m.; and WHEREAS, the City Council will be conducting a Regular Meeting on November 8, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that Resolution No. 2010-303 that approved the 2011 meeting schedule is hereby amended to state that the Council's Regular Meeting on November 8 will begin at 8:00 p.m. Approved this 13th day of September, 2011. Page 2 City of Agenda 7 . 0 1PlymouthNumber: Adding Qkelity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk September 13, 2011 Review by: Cal Portner, Administrative Services Director Public hearing to approve an Off -Sale Liquor License Item: Application for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North 1. ACTION REQUESTED: Conduct a public hearing, and unless information is received to the contrary, adopt the attached resolution approving an off -sale intoxicating liquor license for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North, for the license period through January 31, 2012. 2. BACKGROUND: The City has received an application for an off -sale intoxicating liquor license from Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North. This license is due to the change in ownership. The license application has been investigated and the Police Department has found no reason to deny the license. 3. BUDGET IMPACT: All fees have been paid and certificates of insurance provided. 4. ATTACHMENTS: Notice of Hearing Map and List of Property Owners within 500' of Location Resolution Page 1 NOTICE OF HEARING ON OFF -SALE INTOXICATING LIQUOR LICENSE APPLICATION FOR THU T NGUYEN, D/B/A WANDERING SPIRITS, 3435 HIGHWAY 169 NORTH NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the off -sale intoxicating liquor license application of Thu T Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North, on Tuesday, September 13, 2011, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Hall, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application will be heard at that time. Sandy Engdahl, CMC/MMC City Clerk 763/509-5080 Page 2 Y TA 9 Page 3 24-118-22-11-0018 24-118-22-11-0017 24-118-22-11-0024 MARK CEMENSKY NELLI SIVRIVER BAHO PROPERTIES LLC 2343 SWAN DR 6885 SHADYVIEW CT ATTN: BEVERLY AHO MENDOTA HEIGHTS MN 55120 MAPLE GROVE, MN 55311 12742 GODON DR PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 EDEN PRAIRIE, MN 55346 24-118-22-11-0025 24-118-22-11-0043 24-118-22-11-0042 WERNER JANSSEN MSY PROPERTIES ROBBINSDALE AREA SCHOOLS ISD #281 DENICE LT JANSSEN SUZANNE YOUNG 4148 WINNETKA AVE N 13443 288TH AVE 5907 GOODRICH AVE NEW HOPE, MN 55427 ZIMMERMAN, MN 55398 ST LOUIS PARK, MN 55416 24-118-22-11-0022 24-118-22-11-0026 24-118-22-11-0004 WEST SUBURBAN PROPERTIES LLC HARRISON ELECTRIC INC ENDURANCE MACHINE INC 3401 STATE HWY 169 3440 KILMER LN N 3515 STATE HWY 169 PLYMOUTH, MN 55441 PLYMOUTH MN 55441 PLYMOUTH, MN 55441 24-118-22-11-0013 24-118-22-11-0032 24-118-22-11-0001 KENNETH C STABECK ENDURANCE MACHINE INC ENDURANCE MACHINE INC 3415 KILMER LN N 3515 STATE HWY 169 3515 STATE HWY 169 PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 24-118-22-11-0021 24-118-22-11-0019 24-118-22-11-0034 WEST SUBURBAN PROPERTIES LLC SPECIAL EVENTS CATERING CO INC LIEW WAI LLC 3401 STATE HWY 169 3425 STATE HWY 169 3510 KILMER LN N PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 24-118-22-11-0009 24-118-22-11-0023 24-118-22-11-0020 DUSTIN M BERGER DONALD M WELD JR CD NELSON PROPERTIES LLC KATHLEEN A BERGER CYNTHIA J WELD 3405 STATE HWY 169 3515 KILMER LN N 3410 KILMER LN N PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 24-118-22-11-0035 24-118-22-11-0002 24-118-22-11-0030 GREGG C NAFSTAD CITY OF PLYMOUTH AVP ENERGY, LLC JILL E NAFSTAD 3400 PLYMOUTH BLVD 8336 E 73RD ST # 100 4215 POLARIS LN N PLYMOUTH, MN 55447 TULSA OK 74133 PLYMOUTH, MN 55446 Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO APPROVE AN OFF -SALE LIQUOR LICENSE FOR THU NGUYEN, D/B/A WANDERING SPIRITS 3435 HIGHWAY 169 NORTH WHEREAS, the City has received an application for an off -sale intoxicating liquor license from Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, the City Council has conducted a public hearing and finds no reason to deny the application; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the off -sale intoxicating liquor license is hereby approved for Thu Nguyen, d/b/a Wandering Spirits, 3435 Highway 169 North. The liquor license is issued for the period through January 31, 2012. Approved this 13th day of September, 2011. Page 5 rp)City of Plymouth Adding Quoiity to Life REGULAR COUNCIL MEETING September 13, 2011 Agenda 7.02Number: To: Laurie Ahrens, City Manager Prepared by: Daniel K Campbell, Sr. Engineering Technician Reviewed by: Doran Cote, P.E., Director of Public Works Vacation of a portion of 10th Avenue right-of-way Item: as platted within Frick's Garden Tracts 1. ACTION REQUESTED: Adopt the attached resolution vacating a portion of 10th Avenue right-of-way as platted within Frick's Garden Tracts, as attached. 2. BACKGROUND: On December 9, 2009, a petition was received from Scott Rusten of 17725 10th Avenue, Plymouth, requesting the vacation of a portion of 10th Avenue as platted within Frick's Garden Tracts. The portion to be vacated was required for a cul-de-sac that was removed years ago when 10th Avenue was extended to the west. When Duchaine Woods was platted, which is the lot to the west of Mr. Rusten's, right-of-way was dedicated which is consistent with the normal 10th Avenue right-of-way width. Utilities Maintenance staff has reviewed the site and has no conflict with vacating the existing easements. All private utility companies have been contacted and had no conflict with the proposed vacation. It is recommended that the resolution be approved, unless new information is provided at the hearing. 3. BUDGET IMPACT: There is no effect on the budget; however, a $450 fee was paid by the petitioner to cover the City's cost of administering, publishing the public hearing notice, and recording the vacation resolution. 4. Attachments: Petition Letter Maps Resolution Page 1 1219/2009 Stephen Deuth Senior Engineering Tech City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 sdeuth(a7ci.plymouth,mn.us 763-509-5531 763-509-5510 Fax Stephen, stopped by a few weeks ago and talked briefly about this with you. I would like to ask the city to vacate the property that has been a part of my front yard since before I moved here in 1980. The land I am interested in was originally part of a cul-de-sac that was filled in probably back in the 50's when they connected 10th Avenue North to Peony Lane. The road went through and the cul-de-sac was filled in which extended my front yard to the street. would like to preferably extend my property to with in the right of way of the street. This was suggested by someone on the city a staff when I appeared at the Planning Commission and Council meetings during the approval of the proposed division of the property directly west of me into two lots. Since these lots are going to be built on I feel I should now resolve any lot line issues. I've included a map of my property and a map showing the land I am inquiring about. I've also included maps of the divided lot just west of me, showing the proposed driveways. Please let me know what I should do next. Thank you, Scott Rusten Home: 763-476-0662 Cell; 612-812-4838 PROPERTY DETAIL 17725 10TH AVENUE NORTH PLYMOUTH 55447 Property Address: 17725 10TH AVENUE NORTH PLYMOUTH 55447 Tax Map Number: 31-118-22-14-0017 Neighborhood: Fricks Garden Tract -3101 School District: Wayzata (284) Fire District:3 Ward:2 Land Use Guide Plan: LA -1 Watershed District: 3 Precinct: 12 Subdivision: FRICKS GARDEN TRACTS Lot: 017-000 Page 2 m ^ r. a --- - :L_,rar1 f le c sr •rd - •+r .a'sfr f.Nrnrm si !a..;ry ".-tea; Vii•. ro ,v.t: ri' rh: S ir/ o-rrars"rs}] aY 1hr ,Wrfhra' Mr-p.-+mVrM^ lNfs? 4r Sac f'bn /trnqr22 st Ms fhr+ .c.-;ter/vP/ iolr d acr 6sd a> fb//n..s: 9r ti nJ c rtc .-W ,.- tiis of F +d Gsrfh OnI-t+aYlSfJ ai ffas ,arari O+Ar-uNfiY C.V j .T` a .s:snce cf ?89.4 PrrY £ast e/ mr .Mm>•h G re- f.'arr'.rs%i ihaacr ESId +.say . a 6fi r64T. 4 f f fa MSi Nc lSPisssi Qy.ar rhrrsr yye y j may} q yyrurSnr.-'r .-r- y H• t6i7 ,t'rri6s,.sf Ona-¢rvrrn CA:E> a sarC Scciren J! a dr/- f'=s'` r -*-^s _curnssst ccr-y at' the Naffs yt e-H H-CNg) of fhr Saufh U c-r!a/Y' rJna -o:.a-t/r e/ S© .un fI/ fhrsx/ tKn--v sf• S«tA4 %nt vt /ran N .tfi pnc- s ut6 O•.*r tt' CS7) o! Me Ndr/H est Carr -dw^/!rr INCf'> si" svJd f tun .s,' y sem._ 6 r"rzr ry a t fOgJ-6T tact Eaet v! fids fits/ //ars ' the S.wfrs r-,c n ifc SaJ v. ^ mss -a w-:fir i Nt°S-' .ar Sact'm 31! hY nc/ an91s rb Ate- rlQfjl qJ os9r d sad 3 mn a a .ivn % - r 1n an x'r nr rhr 1c't !s• dry, -,was a•.b rein /L a d+rr s u/ fla o ter .'hl.. ID; aigresy =? rn%nufss a drranca of 22J.0 1cr] b !hs pumf of Nao-'r _r d t+ic Li nr b Ai s s se^td P/ ttts of :'//i:i v./POiN T2.4cT S- als r+•d deel.•cl+ia m i• udiC' rm- prrblrr uss f6rs /e1r 6prd /:- Lansv as i r. d N vraf H'A"'v Csmp/ny .Mrs•' canesd r r, ro br - . z- = ams :.a r rare seal >J IDe r n!b afFired i , rs• . a 'fy-r. rte.•:-ce .Y' .- - W grata Ne/d.:,y C oany dl' .t FrP..tarr PMW X :' .f LZ /DJ/ irf s ms, A Nerorj Pub/iC, Irifho dry r ,{yy Ca n; y , r.:., F i K and rr t9/a t ala, /n mr pri/oniuy Xno J. - r .q rvc.3 oy rhsy ani sorer.,-sy .de>'r a-+6 sscret y of w rar ro/o' gr /d .n Nrr zj rr 9 lnSTruml!-f .nar rhr sC/ ar= ro ,{aidcs- r r % ' a' cilw• } anD r/vi !+rid Inst ummr wss a/pned .,m Y a sva ^ur _ ry aF its dnir:i ai O/ /tri w sal- .a.• l C. f- a. -d roc, r....-. yyd 3d;d wcr ro >i Prr cct stud dare yp rat! c rar.crr.. Val rr uaf.c , .yarn! C --Y. el— Z' c.snrsscn _.rpr eLlIGH C. SMITH y;.rvaycr sr pr bi:,nrmrs, Cavyry of Ycnnepr J ' S s f herocV el.!Y f+`ef 1 haves ryr- - .:.•"d7 -`r x• -s--• ._•6 b FP/CK ' di¢OrN ¢ACTS'. AYai Nr.:s ,ar .s . ay or-=- .-rte csr—a n a/ f !d ,r d =antis xs-cerrartly ,shown on rrr r"%a! n f rr .and cc../a/s -s s ,-' , rn i quid ,ca of r/ s c..rvays ha - - _:.y. i cse .r yror....0 ras plsf r54af- Mir miss beundsry- nrs _-0 -_ c/.y 'csg ><-d jr .-.yc n i/.rf >fof /tr rsrxY 1s canna by sha n un .yn 1 r - sn„ r. - arnr . wr- •acrd.. arrrrghwsysresdrdsi9netaaronsaid •a-^ os.,.e.--.5.sr, aJ s. -a ... :,se.-a=r,. Jconr crT t/cat s S.srr:edr she s - v bra,•a• .r. .'.',rX a l _r_ Adorn pit prvrM acrd see d cv - daa+v ur y,r.,,rr ,-e•vr..s.rc,-'•W n/py-. G f a ryu r .irrriisq fi':arscd hr/d rnr } dry of R -a aww o!a ud a^d accralyd =• s 3oary of coc+r-o Co.--:,,,hrc s; Nsr••+ie Lf:rs ar a -rgv.•ar-.+i..ti-ass A•"-efao.- nrly . r--3 i unty ,Iu rmr card pfa- ?.-card and acc Prcd r Oar a. 4. Q' fy1, Lavniy . All— - o.'sr aecr-nvs, and ac safes ,r A rsd ru —.-n arse!' day' ar - dans _ y At Page 3 FRICK'S GARDEN TRACTS 5•rre•t rE hr -o . i Y # o .r c i-d vnr• ,, e r! i, tar. n.. J/. `.r9.V.. E. LL .v. 311717 8 fi 2O ; 21 22 Syn - xoj nou mc.v d 2.9 lPOa rPO.J - /POS :ta0 t+r. p3 10 9 S vvn xn ave roup /rhes /Dao .res- rtao rtao /to.n II y. PLUM LADLE m ^ r. a --- - :L_,rar1 f le c sr •rd - •+r .a'sfr f.Nrnrm si !a..;ry ".-tea; Vii•. ro ,v.t: ri' rh: S ir/ o-rrars"rs}] aY 1hr ,Wrfhra' Mr-p.-+mVrM^ lNfs? 4r Sac f'bn /trnqr22 st Ms fhr+ .c.-;ter/vP/ iolr d acr 6sd a> fb//n..s: 9r ti nJ c rtc .-W ,.- tiis of F +d Gsrfh OnI-t+aYlSfJ ai ffas ,arari O+Ar-uNfiY C.V j .T` a .s:snce cf ?89.4 PrrY £ast e/ mr .Mm>•h G re- f.'arr'.rs%i ihaacr ESId +.say . a 6fi r64T. 4 f f fa MSi Nc lSPisssi Qy.ar rhrrsr yye y j may} q yyrurSnr.-'r .-r- y H• t6i7 ,t'rri6s,.sf Ona-¢rvrrn CA:E> a sarC Scciren J! a dr/- f'=s'` r -*-^s _curnssst ccr-y at' the Naffs yt e-H H-CNg) of fhr Saufh U c-r!a/Y' rJna -o:.a-t/r e/ S© .un fI/ fhrsx/ tKn--v sf• S«tA4 %nt vt /ran N .tfi pnc- s ut6 O•.*r tt' CS7) o! Me Ndr/H est Carr -dw^/!rr INCf'> si" svJd f tun .s,' y sem._ 6 r"rzr ry a t fOgJ-6T tact Eaet v! fids fits/ //ars ' the S.wfrs r-,c n ifc SaJ v. ^ mss -a w-:fir i Nt°S-' .ar Sact'm 31! hY nc/ an91s rb Ate- rlQfjl qJ os9r d sad 3 mn a a .ivn % - r 1n an x'r nr rhr 1c't !s• dry, -,was a•.b rein /L a d+rr s u/ fla o ter .'hl.. ID; aigresy =? rn%nufss a drranca of 22J.0 1cr] b !hs pumf of Nao-'r _r d t+ic Li nr b Ai s s se^td P/ ttts of :'//i:i v./POiN T2.4cT S- als r+•d deel.•cl+ia m i• udiC' rm- prrblrr uss f6rs /e1r 6prd /:- Lansv as i r. d N vraf H'A"'v Csmp/ny .Mrs•' canesd r r, ro br - . z- = ams :.a r rare seal >J IDe r n!b afFired i , rs• . a 'fy-r. rte.•:-ce .Y' .- - W grata Ne/d.:,y C oany dl' .t FrP..tarr PMW X :' .f LZ /DJ/ irf s ms, A Nerorj Pub/iC, Irifho dry r ,{yy Ca n; y , r.:., F i K and rr t9/a t ala, /n mr pri/oniuy Xno J. - r .q rvc.3 oy rhsy ani sorer.,-sy .de>'r a-+6 sscret y of w rar ro/o' gr /d .n Nrr zj rr 9 lnSTruml!-f .nar rhr sC/ ar= ro ,{aidcs- r r % ' a' cilw• } anD r/vi !+rid Inst ummr wss a/pned .,m Y a sva ^ur _ ry aF its dnir:i ai O/ /tri w sal- .a.• l C. f- a. -d roc, r....-. yyd 3d;d wcr ro >i Prr cct stud dare yp rat! c rar.crr.. Val rr uaf.c , .yarn! C --Y. el— Z' c.snrsscn _.rpr eLlIGH C. SMITH y;.rvaycr sr pr bi:,nrmrs, Cavyry of Ycnnepr J ' S s f herocV el.!Y f+`ef 1 haves ryr- - .:.•"d7 -`r x• -s--• ._•6 b FP/CK ' di¢OrN ¢ACTS'. AYai Nr.:s ,ar .s . ay or-=- .-rte csr—a n a/ f !d ,r d =antis xs-cerrartly ,shown on rrr r"%a! n f rr .and cc../a/s -s s ,-' , rn i quid ,ca of r/ s c..rvays ha - - _:.y. i cse .r yror....0 ras plsf r54af- Mir miss beundsry- nrs _-0 -_ c/.y 'csg ><-d jr .-.yc n i/.rf >fof /tr rsrxY 1s canna by sha n un .yn 1 r - sn„ r. - arnr . wr- •acrd.. arrrrghwsysresdrdsi9netaaronsaid •a-^ os.,.e.--.5.sr, aJ s. -a ... :,se.-a=r,. Jconr crT t/cat s S.srr:edr she s - v bra,•a• .r. .'.',rX a l _r_ Adorn pit prvrM acrd see d cv - daa+v ur y,r.,,rr ,-e•vr..s.rc,-'•W n/py-. G f a ryu r .irrriisq fi':arscd hr/d rnr } dry of R -a aww o!a ud a^d accralyd =• s 3oary of coc+r-o Co.--:,,,hrc s; Nsr••+ie Lf:rs ar a -rgv.•ar-.+i..ti-ass A•"-efao.- nrly . r--3 i unty ,Iu rmr card pfa- ?.-card and acc Prcd r Oar a. 4. Q' fy1, Lavniy . All— - o.'sr aecr-nvs, and ac safes ,r A rsd ru —.-n arse!' day' ar - dans _ y At Page 3 Page 4 DUCHAINE WOODS C.R. DOC. NO. 131.05 AQTHAVENUE!i 4 4' I s u-srs'. c J BLOCK All E1 1. IIEIEd1s; 1.i o. PARCEL 1 0 15. T—w'. 7. mzo a 491.95A.I DliO,—E wW, —Ii, r=, —- L— ,d WAy mw calls, WNED 20o— A AID J. = A CAN J. QIJQIAHE 2 cTy or - U, .caT;, No— by C. Q,Ch,C.— DiCW., s sa- 419A ME-RIRED L- Qlao PRICKS GAROFN TRI:CT 1 _b if.. Zt ZXI'ZAME Le STATE OF MNMIW7A EOUN,r of HI14JEPM T s 9mT51w mm PLYMCUTiL WNKSOT ' 7n1, pid pr DUUTIAAE W0005 1h, Uk, 111.1;i;111 Il Cil" O 1L ii 11,101 l alto cemmenle urge " S 1 cal SM e. 2. 71 COIMpIL 17i THE cill x P41.m1K —sorP 0 By Cily EwI—r HTnPAyERSgRMU1MYON SCALE IN FEET 2i. Vcaa tloy al ii -L L. ALVEA CWNTY ALDrTOH Le, DENOTES IRON MARKER 21:v S—Ey WSIOR ulmtcaalaI " 969) Carl IF200L— wc•rro •brErl L.M., wn 16 BEARINGS SHOWN ARE BASED IjPON AN ASSUMED DAYL IA, A bfaa; 11 iI T —L""' A. P U-N. NEIL -COUNTY SURVEYOR II B, — SEF Z LINT, R[COWKA. Nemvpu oapn1,, —-. IlNhs—y 1-ify IMI Inc witM1ln PWI If DijCNAFE3-5 11W 1ca rd m W .111- i 0c-- MMAEL " C~F, C"TY KCQROER GRONBERG & ASSOCIATES, INC. ' ENGINEERS, LAND SURVEYORS, PLANNERS Ey Dap lY Page 4 f NMA.. 975,0 nlpR.w I hlrl._ 4 yj II '• 5555 MAL. -975,2 k / h 9 69']269' W 11 1 a; f f h I i AosaraLa Nau94 I aa FRIGK50M1Ri1aN. TRM:fi I 2 I ; I h 55xB99. 5.M Sa..F.r. ORT I { LNGCTorAL i - OVN{ERGERALD C. DUCHAINE 173151aT8AVENUE NORTH PLYMOUTH, MN 99417 LEGAL DESCRIPTION OF PREMISES'. Loi la,'FRICKS CARDEN TRACTS' Thp—w Nowa Ih. aaund.a.. d N. —. d..Uaad p"np", aW Ih.1" 6f an.simtln9 hlwsa 91.raon. It doom not Purport m Shoal any alham k pravnn.nl. anc"wmrnanl.. ver maker fauna hon inllrm.r sat D.nfing w91- 11naS. r nanum an ldoExIIIM9wwt. 9n., man ma I.uN d.lumaY4Oerwla. props mad LI. illus. mann aaa I.v.l tlRIYm Ntialahaw'an ere eaua waasPal ar..uunwaaw5u TOTAL AREA • t adlIX - S.F, S.SB• ACRES s i .III. 3 4'7r'SF'W T:o Ou I — `• T n IT Of c I 0 30 66 120 SCALE IN FEET LI1•r' .6.... I{tiV{r t I Page 5 a DUCHAINE WOODS PROPOSED UTILITY PLAN FOR GERALD DUCHAINE OF LOT 15, "FRICK'S GARDEN TRACTS" HENNEPIN COUNTY, MINNESOTA ImAicn+lpi+rc.n.cnwr n 9ae'99°xre Fm.rarrwww eal.w nwcco- owuw TRwcTa Ma M1 6i=0 S R TOTAL 1 DRAINAGE EASEMENT FOR PONDING -,_• yd 0 Y ARO aPa 4.F°10TH AVEpNUE N. f NMA.. 975,0 nlpR.w I hlrl._ 4 yj II '• 5555 MAL. -975,2 k / h 9 69']269' W 11 1 a; f f h I i AosaraLa Nau94 I aa FRIGK50M1Ri1aN. TRM:fi I 2 I ; I h 55xB99. 5.M Sa..F.r. ORT I { LNGCTorAL i - OVN{ERGERALD C. DUCHAINE 173151aT8AVENUE NORTH PLYMOUTH, MN 99417 LEGAL DESCRIPTION OF PREMISES'. Loi la,'FRICKS CARDEN TRACTS' Thp—w Nowa Ih. aaund.a.. d N. —. d..Uaad p"np", aW Ih.1" 6f an.simtln9 hlwsa 91.raon. It doom not Purport m Shoal any alham k pravnn.nl. anc"wmrnanl.. ver maker fauna hon inllrm.r sat D.nfing w91- 11naS. r nanum an ldoExIIIM9wwt. 9n., man ma I.uN d.lumaY4Oerwla. props mad LI. illus. mann aaa I.v.l tlRIYm Ntialahaw'an ere eaua waasPal ar..uunwaaw5u TOTAL AREA • t adlIX - S.F, S.SB• ACRES s i .III. 3 4'7r'SF'W T:o Ou I — `• T n IT Of c I 0 30 66 120 SCALE IN FEET LI1•r' .6.... I{tiV{r t I Page 5 a OVN{ERGERALD C. DUCHAINE 173151aT8AVENUE NORTH PLYMOUTH, MN 99417 LEGAL DESCRIPTION OF PREMISES'. Loi la,'FRICKS CARDEN TRACTS' Thp—w Nowa Ih. aaund.a.. d N. —. d..Uaad p"np", aW Ih.1" 6f an.simtln9 hlwsa 91.raon. It doom not Purport m Shoal any alham k pravnn.nl. anc"wmrnanl.. ver maker fauna hon inllrm.r sat D.nfing w91- 11naS. r nanum an ldoExIIIM9wwt. 9n., man ma I.uN d.lumaY4Oerwla. props mad LI. illus. mann aaa I.v.l tlRIYm Ntialahaw'an ere eaua waasPal ar..uunwaaw5u TOTAL AREA • t adlIX - S.F, S.SB• ACRES s i .III. 3 4'7r'SF'W T:o Ou I — `• T n IT Of c I 0 30 66 120 SCALE IN FEET LI1•r' .6.... I{tiV{r t I Page 5 a CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION AUTHORIZING THE VACATION OF A PORTION OF 10TH AVENUE RIGHT -OF WAY PLATTED WITHIN FRICK'S GARDEN TRACTS WHEREAS, a public hearing with respect to said vacation was scheduled for September 13, 2011 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of September 13, 2011; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the City Council did hold a public hearing on September 13, 2011 to inform any and all interested parties relevant to the vacation of a portion of 10a' Avenue right- of-way as platted within Frick's Garden Tracts; and WHEREAS, it was determined by the City Council that said right-of-way is not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following portion of said 10th Avenue right-of-way within Frick's Garden Tracts, be vacated: That part of 10th Avenue, formerly known as Garden Lane, lying south of the westerly extension of the most northerly line of Lot 17, Frick's Garden Tracts, said extension terminating at the east line of Lot 2, Block 1, Duchaine Woods Addition. FURTHER, that said vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Approved this 13th day of September, 2011. Page 6 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 September 13, 2011, 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 7 rp)City of Plymouth Adding Quoiity to Life REGULAR COUNCIL MEETING September 13, 2011 Agenda 7.03 .03Number: To: Laurie Ahrens, City Manager Prepared by: Daniel K Campbell, Sr. Engineering Technician Reviewed by: Doran Cote, P.E., Director of Public Works Vacation of a portion of a platted Item: ponding, drainage and utility easement within Lot 2 of Block 19 Devries 3rd Addition 1. ACTION REQUESTED: Adopt the attached resolution vacating a portion of a platted ponding, drainage and utility easement within Lot 2 of Block 1 Devries 3rd Addition, as attached. 2. BACKGROUND: On August 10, 2011, a petition letter was received from Tia Watts of 3015 Kilmer Lane, Plymouth, requesting the vacation of a portion of platted ponding, drainage and utility easement within Lot 2 of Block 1 Devries 3rd Addition. The purpose of the request is to construct a swimming pool within a portion of the easement. Utilities Maintenance staff has reviewed the site and has no conflict with vacating the existing easements. All private utility companies have been contacted and had no conflict with the proposed vacation. It is recommended that the resolution be approved, unless new information is provided at the hearing. 3. BUDGET IMPACT: There is no effect on the budget; however, a $450 fee was paid by the petitioner to cover the City's cost of administering, publishing the public hearing notice, and recording the vacation resolution. 4. Attachments: Petition Letter Map Resolution Page 1 Tia Watts 3015 Kilmer Lane N. Plymouth, MN 55441 To: City of Plymouth, Engineering Dept. R.E: Proposed pool project at 3015 Kilmer Lane N. To whom it may concern, I own the property at 3015 Kilmer Lane N. in Plymouth and would like to ask for a vacation of easement for placing a swimming pool in my back yard. The yard has an easement going through it that takes up almost the whole area. The drainage easement seems excessive given the way these yards are built and I would not be impeding any water flow or drainage into the back. I have enclosed a new survey of the yard showing the proposed pool and deck and how it fits into the easement. The pool is a 16'x32' in ground pool that is 5 %Z' deep. The easement side of the pool will have a minimum decking surface around it of 3' and the remainder of the decking will be on the house side of the pool. It looks like about % of the pool is in the easement. The pool will be out of the water table, and we will not be changing the elevation of the current yard or affecting any drainage for the neighbors or myself. Please let us know what we need to do to put the pool in. If you have any questions please call the project manager Nick Galanos from Atlantis Pools at 763-560-0103. 1 have contracted with them to build and design the pool area. You can reach me at 612-636-3012 if you have any questions for me. Thank you, Tia Watts 612-636-3012 Page 2 Vzf-'. X00 E coU 7 Ca a H vuWW Z2n rj o o 'Q b NQ rn IE a o a V ui aE, ' z w J o f v'. `, n a w C ® $ Q. IlJ o o e 1O v o° o o c o M. ye s— Y W 0 o I m EUaJ a-Q.d'w 0mV • O E] O o E c m k h •v o N ' GO c H' D lLN Fri N o c' e 5 Er o 10-, C/] o- c a m ate= flwLBEmv'% u a „ A 21W 89 meq -2 Of d sa rs ary F e ccy3 Woo`, ma eat Z ri u`ia o°'03 'r°r a lJJil O gT 2y m 00,09-6 0 59'L9 l y Cc ri SZ a U P4 O - T ----I Ag ;; o,i C i PC r N .^ ` // , yy n 0'B In I O O gal gal ul 690 \, \ IS dw l x all 1 X62 81 S `_ Paee 3 Proposed Easement Vacation for 3015 Kilmer Lane, Plymouth, MN To vacate that part of the "Drainage Easement for Ponding Purposes and Drainage and Utility Easement" as dedicated on Lot 2, Block 1 Devries 3rd Addition according to the recorded plat thereof files of the Registrar of deeds in and for Hennepin County, Minnesota which lies northwesterly of a line drawn from a point on the northeasterly line of said lot 2 distant 85.00 feet southeasterly from the most northerly corner of said lot 2 to a point on the south line of said lot 2 distant 7 0. 00 feet east of the southwest corner of said lot 2, and which lies southeasterly of a line drawn from a point on the northeasterly line of said lot 2 distant 64.06 feet southeasterly from the most northerly corner of said lot 2 to a point on the south line of said lot 2 distant 52.68 feet east of the southwest corner of lot 2 Except the northeasterly 10 feet and the south 6 feet of said lot 2 Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION AUTHORIZING THE VACATION OF A PORTION OF A PLATTED, PONDING, DRAINAGE AND UTILITY EASEMENT WITHIN LOT 2 OF BLOCK 1, DEVRIES 3RD ADDITION WHEREAS, a public hearing with respect to said vacations was scheduled for September 13, 2011 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of September 13, 2011; and WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and WHEREAS, the City Council did hold a public hearing on September 13, 2011 to inform any and all interested parties relevant to the vacation of a portion of a platted ponding, drainage and utility easement within Lot 2 of Block 1, Devries 3rd Addition; and WHEREAS, it was determined by the City Council that said easement is not needed for public purposes. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That following portion of a platted, ponding drainage and utility easement within Lot 2 of Block 1, Devries 3rd Addition, be vacated: Northwesterly of a line drawn from a point on the northeasterly line of said lot 2 distant 85.00 feet southeasterly from the most northerly corner of said lot 2 to a point on the south line of said lot 2 distance 70.00 feet east of the southwest corner of said lot 2,and which lies southeasterly of a line drawn from a point on the northeasterly line of said lot 2 distant 69.06 feet southeasterly from the most northerly corner of said lot 2 to a point on the south line of said lot 2 distant 52.68 feet east of the southwest corner of lot 2, Except the northeasterly 10 feet and the south 6 feet of said lot 2 FURTHER, that said vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas lines, sanitary and storm sewer lines, water pipes, mains, hydrants, and natural drainage areas thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Approved this 13th day of September, 2011. Page 5 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 , 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 6 rp)City of Agenda 8.01PlymouthNumber: v Adding QuQhty to Life To: Laurie Ahrens, City Manager Prepared by: Calvin Portner, Administrative Services Director REGULAR COUNCIL MEETING Reviewed by: September 13, 2011 Approve 2012 Proposed Budgets, Preliminary General Item: Property Tax Levy, HRA Levy and set a Budget Public Hearing Date 1. ACTION REQUESTED: Four actions are requested for this meeting. 1) Adopt the 2012 Proposed Budgets. 2) Set the Preliminary General Property Tax Levy and HRA Levy. 3) Set a Budget Public Meeting date, place and time. 4) Set an additional budget work session to finalize levy and proposed budgets. 2. BACKGROUND: The Mayor and Council have held four scheduled study sessions to prepare the Preliminary 2012/2013 Biennial Budget and tax levy: June 14, 2011 July 26, 2011 August 16, 2011 September 6, 2011 There is no levy limit for 2012. The preliminary levy must be certified with Hennepin County by September 15, 2011. The final levy may be reduced but not increased before it is certified near the end of December. 2012 Proposed Levy and Budget At the September 6, 2011, Budget Study Session, the Mayor and Council expressed consensus to adopt the Preliminary Levy at I% over the 2011 levy. The proposed 2012 General Fund budget is $30,222,613; an increase of 2.13% over 2011. The budget includes deferred building permit revenue from 2011, additional Municipal State Aid for street maintenance, the elimination of five vacant positions, wage adjustments, and an increase in funding for Park Replacement. The 2012 proposed budget includes no new initiatives. Page 1 The proposed levy includes a 3% increase in the Street Reconstruction and Capital Improvement Funds and decreases the 2011 levy amount for Park and Recreation. The HRA Levy is proposed at the same amount as in 2011. Overall, the 2012 proposed budget results in a total city levy increase of 1% or $288,710 from the 2011 tax levy. It is difficult to project the tax impact to city properties. In 2011, effective for 2012, the State Legislature eliminated the Market Value Homestead Credit and replaced it with a Market Value Exclusion. By excluding portions of the city market value, the remaining property outside the exclusion is taxed at a higher rate in order to capture the same amount of tax levy. Complicating the projection is the volatile real estate market with home values changing at inconsistent rates. The following table shows the proposed tax levy. 2012 Proposed Property Tax Levy Levy Limit Base General Fund Street Reconstruction Recreation Fund Capital Improvement Fund Park Replacement Levy Total Levy Limit Base Special Levies 2003B Street Reconstruction Bonds 2004A Public Safety Bonds 2007A Open Space Bonds 2009B Activity Center Bonds 2010A Open Space Bonds HRA Total Special Levies Total Levies 22,989,710.00 2,686,024.00 559,480.00 391,432.00 130,000.00 26,756,646.00 179,524.00 598,953.00 254,108.00 412,125.00 264,036.00 551,277.00 21260,023.00 29,016,669.00 Budget Public Meeting In 2009, the state legislature eliminated the Truth -in -Taxation Public Hearing requirement and replaced it with a Budget Public Meeting, which cannot occur before November 24, 2011, may not begin before 6:00 p.m., and must be properly noticed. The Council may adopt the final budget on the same night as the public hearing. The City Manager proposes the Mayor and City Council set a budget public hearing for 7:00 p.m., Tuesday, December 13, 2011, in the Plymouth City Hall Council Chambers. Final budget and levy approval is also scheduled for December 13. If the Council prefers, the Budget Public Meeting may be held on another day after November 24. Staff proposes Tuesday, December 6 as a possible date. Page 2 Additional Budget Work Session Council has expressed interest in holding an additional work session prior to the budget public meeting to finalize the proposed levy and budgets. To facilitate any changes that may be requested at that meeting, staff is proposing November 8h or earlier to hold this work session. 3. ATTACHMENTS: Resolutions Page 3 CITY OF PLYMOUTH RESOLUTION NO. 2011 - A RESOLUTION TO AUTHORIZE THE 2012 HRA LEVY WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.108 (the EDA Act), the City of Plymouth City Council, created the Housing and Redevelopment Authority in and for the City of Plymouth, Minnesota (the Authority); and WHEREAS, pursuant to the HRA Act, the City Council granted to the Authority all of the powers and duties of a housing and redevelopment authority under the provisions of Minnesota statutes; and WHEREAS, Section 469.033, subdivision 6 of the HRA Act permits the Authority to levy a tax upon all taxable property within the City to be expended for the purposes authorized by the Act; and WHEREAS, such levy maybe in an amount not to exceed 0.0144 percent of taxable market value of the City; and WHEREAS, the Authority has filed its budget for the special benefit levy in accordance with the budget procedures of the City; and WHEREAS, based upon such budgets, the Authority will levy all or such portion of the authorized levy as it deems necessary and proper. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that approval is hereby given for the Authority to levy $551,277 for taxes payable in 2012, such tax upon the taxable property of the City as the Authority may determine, subject to the limitations contained in the HRA Act. Approved this 13t" day of September 2011. Page 4 CITY OF PLYMOUTH RESOLUTION N0. 2011- A RESOLUTION TO ADOPT THE 2012 PROPOSED BUDGETS WHEREAS, this proposed 2012 operating budget resolution and the accompanying proposed 2012 tax levies contained in Resolution No. 2011 - are submitted by the city in accordance with Minnesota Statutes and other applicable laws in effect on this date; and WHEREAS, the City Council concurs on the 2012 Plymouth Housing and Redevelopment Authority budgets in the amount of $4,206,523. THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the preliminary 2012 proposed operating budgets for the following funds are hereby given preliminary approval. 2012 NOW, BE IT FURTHER RESOLVED, that the City council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's proposed budget and property tax levies. Approved this 13th day of September, 2011. Page 5 Proposed Fund Budgets General 30,222,613 Recreation 1,709,599 Transit 4,460,787 Water 6,317,449 Water Resources 4,167,538 Sewer 7,342,556 Solid Waste 1,166,675 Ice Center 1,395,800 Field House 363,500 Central Equipment 2,875,390 Public Facilities 1,812,244 Information Technology 1,974,812 Risk Management 1,041,603 NOW, BE IT FURTHER RESOLVED, that the City council declares its intent to take all necessary actions legally permissible to the submission and approval of the City's proposed budget and property tax levies. Approved this 13th day of September, 2011. Page 5 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO PROPOSE PROPERTY TAX LEVIES FOR TAXES PAYABLE 2012 WHEREAS, the City Council has given preliminary approval to the proposed operating budgets for calendar year 2012. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the following sums of money be raised by property tax on taxable property in the City of Plymouth for taxes payable in 2012 as set in the proposed 2012 budget. Total Levy Limit Base $26,756,646.00 Special Levies 2003B Street Reconstruction Bonds $ 179,524.00 2004A Public Safety Bonds 2012 Property Tax Levy Levy Limit Base 254,108.00 General Fund 22,989,710.00 Street Reconstruction 2,686,024.00 Recreation Fund 559,480.00 Capital Improvement Fund 391,432.00 Park Replacement Fund 130,000.00 Total Levy Limit Base $26,756,646.00 Special Levies 2003B Street Reconstruction Bonds $ 179,524.00 2004A Public Safety Bonds 598,953.00 2007A Open Space Bonds 254,108.00 2009B Activity Center Bonds 412,125.00 2010A Open Space Bonds 264,036.00 HRA 551,277.00 Total Special Levies 2,260,023.00 Total Levies $29,016,669.00 BE IT FURTHER RESOLVED, that the said proposed property tax levy be certified to the County Auditor of Hennepin County on or before September 15, 2011. Approved this 13th day of September 2011. Page 6 rp) City of Plymouth Adding QoaWy to Life REGULAR COUNCIL MEETING September 13, 2011 Agenda 9.01Number: To: Mayor and City Council Prepared by: Laurie Ahrens, City Manager Item: Declare Vacancy in Ward 2 Councilmember position and Establish Process to Fill Vacancy 1. ACTION REQUESTED: Adopt a resolution declaring a vacancy in the Ward 2 Councilmember position and provide direction on the appointment process for filling the vacancy. 2. BACKGROUND: Councilmember Kathleen Murdock has announced her resignation as the Ward 2 representative on the Plymouth City Council, effective September 30, 2011. The Council accepted her resignation at the September 6 meeting. Councilmember Murdock's term was slated to expire on December 31, 2014. The Plymouth City Charter provides that when a vacancy occurs, the Council shall adopt a resolution at its next regular meeting declaring the vacancy to exist. The Council then must appoint an eligible person to fill the vacancy until the next regular municipal election when the office is filled for the unexpired term. If the Council does not appoint an eligible person within 60 days, the Mayor shall appoint an eligible person to fill the vacancy. The Council has historically solicited applications from residents and conducted interviews of interested residents. A proposed schedule and list of questions is shown below. Applicants would be advised of the schedule and that all information contained in the application is public information under the Minnesota Data Practices Act. Schedule Sept. 13 Council declares vacancy and directs staff to advertise the vacancy Oct. 5 Applications due Oct. 11, 5:30 pm Council reviews applications and selects applicants to interview Oct. 18, 6:00 pm Council conducts interviews Oct. 18 or 25 Council makes appointment to fill Ward 2 term through 12/31/12 Page 1 Application Questions 1. Please provide: a. Name b. Home Address c. Education, Employment, Training d. Elected or appointed civic experience you have had in Plymouth or elsewhere, including dates of participation and position held. e. Contact phone and email. Your phone and email contact information may be supplied privately to the City Clerk at sen dgahlkplymouthmn.gov if you do not wish to have it included as public information. 2. What specific strengths and abilities would you bring to the Plymouth City Council? 3. Please describe your overall philosophy of the appropriate function and responsibility of local government. 4. Briefly describe the strengths and weaknesses of Plymouth today. 5. How do you deal with conflict or criticism? 6. What do you perceive as the major issues facing the City in the next three years? 7. The Council met in session approximately 50 times last year, including study sessions and special events. In addition, substantial time is required to read background material in order to prepare for Council meetings and to meet with residents. Please indicate how you would meet this time commitment. 8. Are you aware of any conflicts of interest that might arise with you or your family if you are appointed to the City Council? 9. What specific concerns or issues would you like the City to address if you are appointed to this office? 10. If you are appointed to this position for one-year, do you envision running for the seat in 2012? Page 2 ALlgust 31. 2011 The Honorable kelli Slavik Mavor Citw of PIN'1110LIth Dear heili_ I am writing to announce my resignation as the 'Ward 2 representative on the Plymouth City Council effective September 30, 2011. Recently 1 decided to retire from Hennepin County after 33 years of service. In discussing m}' retirement with PEIA, I discovered 1 would need to terminate all PEPS. employment in order to receive a pension. Therefore, I need to resign from the City Council as well. It has been a great honor for me to serve as a cauncilmember for almost five years, and two years on the Planning Cominission before that. I commend your leadership and have learned a great deal from my peers on the council and the highly professional staff. Per the PERA "Verification of Termination" form that is enclosed, they require a copy of the ,governing board's meeting minutes showing acceptance of my resignation. I am hoping that we can do this at our September 6 meeting. I hope you find a replacement that \•ill make for a smooth transition. If there is anything I can do to help in that process, please let me know. Since/ely_ Kathleen Murdock Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2011 - DECLARING VACANCY TO EXIST IN WARD 2 CITY COUNCIL SEAT WHEREAS, Kathleen Murdock was elected to the Ward 2 Council position for a term to expire December 31, 2014; and WHEREAS, Kathleen Murdock has submitted her resignation from her Ward 2 council seat effective September 30, 2011; and WHEREAS, on September 6, the Plymouth City Council accepted her resignation to be effective on September 30, 2011. NOW THEREFORE, BE IT RESOLVED that the Plymouth City Council declares that a vacancy exists in the Ward 2 City Council seat effective September 30, 2011. Adopted by the Plymouth City Council on September 13, 2011. Page 4