HomeMy WebLinkAboutCity Council Packet 09-27-2011RECAP AGENDA)
CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
SEPTEMBER 27, 2011, 7:00 p.m.
Medicine Lake Room
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. Ifthefull
15 minutes are not neededfor 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 staffor Commission forfuture report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staffdirection
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 removedfrom the Consent Agenda and placed
elsewhere on the agenda. (Approved)
6.01 Approve proposed City Council Minutes
6.02 Approve disbursements (Res2011-321)
6.03 Approve contract with Check Diversion Program, LLC to provide a Worthless
Check Diversion Program (Res2011-322)
6.04 Set Assessment Hearing for Delinquent Utilities and Other Charges (Res2011-
323)
Regular Council Meeting 1 of 3 September 27, 2011
6.05 Approve Temporary Liquor License for West Lutheran High School for an event
on October 15 (Res2011-324)
6.06 Approve renewal application ofWayzata Youth Hockey Association for lawful
gambling at Broadway Pizza, 13705 27th Avenue North (Res2011-325)
6.07 Declare Costs to be Assessed and Set Assessment Hearing for Sun Court Mill
and Overlay Project (11006 — Res2011-326, Res2011-327)
6.08 Set public hearing to consider acting as the host city for a private activity bond
issuance (Hazelden) (Res2011-328)
6.09 Accept Streets and Utilities for Continual Maintenance for Elm Creek
Highlands (2009046 — Res2011-329)
6.10 Accept Utilities for Continual Maintenance for Utility Installation Agreement
2010096 — Res2011-330)
6.11 Approve 25 mph school speed zones on Old Rockford Road (Kimberly Lane
Elementary), Peony Lane (Wayzata High School) and Schmidt Lake Road
Providence Academy) (Res2011-331)
6.12 Approve a Variance for outside storage within a portion of a front yard area at
13405 15th Avenue. Ultimate Events. (2011063 — Res2011-332)
6.13 Approve a Site Plan Amendment for a building expansion and related site
improvements at TURCK, Inc. at 5000 Fernbrook Lane. Loucks Associates.
2011064 — Res2011-333)
6.14 Approve a Site Plan Amendment for a building expansion and related site
improvements at Hazelden Center for Youth and Families at 11505 36th Avenue.
HGA. (2011065 — Res2011-334)
6.15 Approve a Conditional Use Permit for a restaurant at Plymouth Plaza Shopping
Center at 1455 County Road 101. Original Pancake House/Savik Hunter Inc.
2011069 — Res2011-335)
Regular Council Meeting 2 of 3 September 27, 2011
7. PUBLIC HEARINGS
8. GENERAL BUSINESS
8.01 Consider a Home Occupation License for a window washing business at 15620
91h Avenue. David Felt. (2011039 — Res2011-336) (Tabledfrom September 13)
Approved)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT (8:30 p.m.)
Regular Council Meeting 3 of 3 September 27, 2011
6.01
Proposed Minutes
Regular Council Meeting
September 13, 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 September 13, 2011.
COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Black, Stein, and Johnson.
ABSENT: Councilmembers Willis and Bildsoe.
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, City Forester Buck, and City Clerk
Engdahl.
Plymouth Forum
Josie Gureghian,16120 4th Avenue North, stated she is a girl scout working on her silver award,
and she has chosen environment as her topic. She thanked the Council for recently approving a
new recycling contract that will utilize covered containers on wheels. This type of system will
keep garbage contained and be easier for senior citizens to utilize.
Presentations and Public Information Announcements
4.01) Announcement of Plymouth on Parade
Park Director Evans announced this year's Plymouth Parade on September 24 as well as a
spaghetti dinner on September 23 at the Plymouth Creek Center.
4.02) Presentation of "Planting Plymouth Proud Awards"
City Forester Buck announced this year's "Planting Plymouth Proud Awards" are Chili's
Southwest Bar and Grill and Jennifer and Paul Cammack, 510 Lanewood Lane.
Approval of Agenda
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to
gpprove thea egnda. With all members voting in favor motion carried.
Proposed Minutes 1 of 5 Regular Meeting of September 13, 2011
Page 1
Consent Agenda
Motion was made by Councilmember Murdock, and seconded by Councilmember Johnson, to
table item No. 6.03 to September 27. With all members voting in favor, the motion carried.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
the amended Consent Agenda that included the followingi:
6.01) Regular and Special Meeting minutes ofAugust 23 and Special Meeting Minutes of
September 6.
6.02) Resolution Approving Disbursements ending September 3 (Res2011-297).
6.03) (This item was removed from the agenda and tabled until September 27).
6.04) Resolution Approving a Conditional Use Permit for CrossFit SISU and Jason Massie for
Property located at 2060 East Center Circle (2011061 — Res2011-298).
6.05) Resolution Accepting a Crime Prevention Grant from Target Corporation (Res2011-299).
6.06) Resolution Authorizing the Reimbursement of Funds to the Plymouth Crime and Fire
Prevention Fund (Res2011-300).
6.07) Resolution Accepting a donation of a Bicep Curl PL 2300 Fitness Equipment from Chad
Feeney through the Plymouth Crime and Fire Prevention Fund (Res2011-301).
6.08) 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 - Res2011-
302).
6.09) Resolution Approving a Tobacco License for Thu Nguyen, d/b/a Wandering Spirits, 3435
Highway 169 North (Res2011-303).
6.10) Resolution Authorizing the Mayor and Manager to sign an Acknowledgement of
Assignment of the Development Contract for Spring Meadows 2nd Addition (2011019-F -
Res2011-304).
6.11) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Bass Lake Wetland Drainage Improvement Project (9127 - Res2011-305).
6.12) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment Roll for Annapolis Street Reconstruction Project (11002 — Res2011-306) and a
Proposed Minutes 2 of 5 Regular Meeting of September 13, 2011
Page 2
Resolution Setting Assessment Hearing for Annapolis Lane Street Reconstruction Project (11002
Res2011-307).
6.13) Resolution Approving Request for Payment No. 1 and Final for 2011 Mill and Overlay
Project (11007 — Res2011-308).
6.14) Resolution Authorizing Declaring Cost to be Assessed and Ordering Preparation of
Proposed Assessment Roll for 2011 Mill and Overlay Project (11007 - Res2011-309) and a
Resolution Setting Assessment Hearing for 2011 Mill and Overlay Project (11007 — Res2011-
310).
6.15) Resolution Approving 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 (Res2011-311).
6.16) Resolution Approving the 2011-2013 Labor Agreement between the City of Plymouth and
Law Enforcement Labor Services — Patrol (Res2011-312).
6.17) Resolution Approving Amended Resolution No. 2010-303 (Res201 l -313).
With all members voting in favor, the motion carried.
Public Hearings
7.01) Off -Sale Liquor License Application for Thu Nguyen, d/b/a Wandering Spirits, 3435
Highway 169 North
City Clerk Engdahl reported on the application of Thu Nguyen, d/b/a Wandering Spirits, 3435
Highway 169 North, for an Off -Sale Liquor License.
Mayor Slavik opened the public hearing.
Mayor Slavik declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
a Resolution Approving an Off -Sale Liquor License for Thu Nguuyen, d/b/a Wandering Spirits,
3435 Highway 169 North (Res2011-314). With all members voting in favor, the motion carried.
7.02) Vacation of a Portion of Street Right -of -Way as Platted within Frick's Garden
Tracks
Public Works Director Cote reported on the proposed vacation request.
Mayor Slavik opened the public hearing.
Proposed Minutes 3 of 5 Regular Meeting of September 13, 2011
Page 3
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 10th Avenue Right -of -Way Platted within
Frick's Garden Tracks (Res2011-315). With all members voting in favor, the motion carried.
7.03) Vacation of a Platted Ponding, Drainage and Utility Easement within Lot 2, Block 1,
DeVries 3rd Addition
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 Black, and seconded by Councilmember Stein, to adopt a
Resolution Authorizing the Vacation of a Portion of a Platted, Ponding, Drainage and Utility
Easement within Lot 2, Block 1, DeVries 3rd Addition (Res2011-319). With all members voting
in favor, the motion carried.
General Business
8.01) 2012 Proposed Budgets, Preliminary Tax Levies and Set Budget Hearing Date
Administrative Services Director Portner reported on the proposed 2012 proposed budgets,
preliminary general property and HRA tax levies, and recommended dates for budget public
meeting and an additional budget study session.
Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock, to
adopt a Resolution Authorizing the 2012 HRA Levy (Res2011-317), Resolution Adopting the
2012 Proposed Budgets (Res2011-318), and a Resolution Approving Proposed Property Tax
Levies for Taxes Payable 2012 (Res2011-319). In addition, the budget public meeting was
scheduled for December 13 at 7:00 p.m., and a budget study session was scheduled for
November 8, immediately followingthe regular Council meeting, With all members voting in
favor, the motion carried.
Reports and Staff Recommendations
9.01) Declare Vacancy in Ward 2 Councilmember Position and Establish Process to Fill
Vacancy
Proposed Minutes 4 of 5 Regular Meeting of September 13, 2011
Page 4
Councilmember Murdock officially announced her resignation from the Ward 2 Council position
effective September 30. On behalf of the Council, Mayor Slavik thanked her for all her years of
service to the City.
Motion was made by Councilmember Black, and seconded by Councilmember Johnson, to adopt
a Resolution Declaring the Ward 2 Vacancy (Res2011-320). With all members voting in favor
but Murdock who abstained, the motion carried.
City Manager Ahrens stated staff has put together the following schedule to fill this vacancy:
1. Applications are due by 4:30 p.m. on October 5.
2. Council reviews applications and selects finalists at the study session on October 11 at
5:30 p.m.
3. Council interviews applicants on October 18 at 6:00 p.m.
4. Council makes appointment on October 18 or 25 to fill the Ward 2 term through
December 31, 2012.
The Council reviewed the questions contained on the application.
The majority of the Council supported the application for appointment and the schedule as noted
above.
Adjournment
Mayor Slavik adjourned the meeting at 7:42 p.m.
Sandra R. Engdahl, City Clerk
Proposed Minutes 5 of 5 Regular Meeting of September 13, 2011
Page 5
rp)City of
Plymouth
Adding Quality to life
REGULAR
COUNCIL MEETING
September 27, 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 17, 2011
1. ACTION REQUESTED:
Adopt the attached resolution to approve the disbursements for the period ending September
17, 2011.
2. BACKGROUND:
Attached is a list of city fund disbursements for the period ending September 17, 2011.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Check Registers
Resolution
Page 1
Invoice Expense Distribution for Period Ended 9.17.11/Council meeting 9.27.11
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:
225,250.02
31,744.09
0.00
296,220.38
0.00
11,164.68
902.50
3,753.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
46,397.29
0.00
215,365.00
2,124.59
0.00
0.00
12,906.80
0.00
0.00
793,407.67
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
24.52
24.52
24.52
0.00
24.51
24.51
24.51
24.51
0.00
69,964.31
11,549.26
53,284.73
1,870.95
13,313.65
0.00
44,781.83
40,300.15
21,947.25
3,540.00
192,134.08
0.00
3,664.72
0.00
0.00
2,095,758.55
Page 2
56!
CS McCrossan Construction Inc Amount: 26,131.56
City of
8.16.10 397.33ton RAP 17,622.91
Inv. 9074MB 08/16/2011
Plymouth
1,692.56
Inv. 9092MB 08/18/2011 8.17/8.18.11 105.09ton RAP,41WA,MV3
Check Payment Register
Inv. 9102MB 08/19/2011 8.19.11 41.46ton RAP,Fines Mix
09/04/2011 to 09/17/2011
Check 119957 Date Paid:09/08/2011
Check 119945 Date Paid:09/08/2011 A-1 Outdoor Power Inc Amount: 81.74
Inv. 280612 08/22/2011 Unit 531 cog belt,deck drive belt 81.74
Inv. 1417464 08/19/2011
Check 119946 Date Paid:09/08/2011 AI's Coffee Company Amount: 148.00
Inv. 89268 08/16/2011 IC Concession coffee resupply 148.00
Inv. 07376150911 08/24/2011
Check 119947 Date Paid:09/08/2011 Alex Air Apparatus Inc Amount: 172.61
Inv. 20312 08/17/2011 Piston rod travel so tips will close all the way 172.61
Inv. 110831 08/31/2011
Check 119948 Date Paid:09/08/2011 American Industrial Refrigeration Inc Amount: 5,228.34
Inv. 792646 08/25/2011 7.20/7.21.11 IC compressor repairs 4,849.34
Inv. 111017 09/08/2011
Inv. 792655 08/25/2011 7.19.11 IC compressor service call 379.00
Check 119949 Date Paid:09/08/2011
Inv. D2081166LI 09/01/2011
Check 119950 Date Paid:09/08/2011
Inv. 24212 08/16/2011
American Messaging Services LLC
Sep'11 PD pager rentals
Ancom Communications Inc
3 Minitor V 1 CH SV VHF pager
Check 119951 Date Paid:09/08/2011 Arena Systems
Inv. 18000 08/18/2011 Glass for rink "C"
Check 119952 Date Paid:09/08/2011 Barton Sand & Gravel Co
Inv. 110831 08/31/2011 8.23/8.26.11 55.94ton W1 1/2 CA1
Check 119953 Date Paid:09/08/2011 Bertelson Total Office Solutions
Inv. WO7131261 08/17/2011 ADM -Hang File Folders,4 Cal ribbons, 1Bx
Folers,26-Pocket case
Check 119954 Date Paid:09/08/2011
Inv.1212084800 08/09/2011
Check 119955 Date Paid:09/08/2011
Inv. 110815 08/15/2011
Brock White Company LLC
12 rolls straw blanket
Bryan Rock Products Inc
8.3/8.10.11 148.31ton Red Ball Agg
Amount: $133.44
133.44
Amount: $1,229.97
1,229.97
Amount: $449.94
449.94
Amount: $717.27
717.27
Amount: $108.94
108.94
Amount: $414.89
414.89
Amount: $3,122.59
3,122.59
Check 119956 Date Paid: 09/08/2011 CS McCrossan Construction Inc Amount: 26,131.56
Inv. 9073MB 08/16/2011 8.16.10 397.33ton RAP 17,622.91
Inv. 9074MB 08/16/2011 8.15/8.16.11 38.36ton LV3, RAP 1,692.56
Inv. 9092MB 08/18/2011 8.17/8.18.11 105.09ton RAP,41WA,MV3 4,921.15
Inv. 9102MB 08/19/2011 8.19.11 41.46ton RAP,Fines Mix 1,894.94
Check 119957 Date Paid:09/08/2011 Cardiac Science Inc Amount: 1,555.46
Inv. 1416421 08/16/2011 G3 Plus, AED,Defibrillation,pediatric electrodes 1,459.91
Inv. 1417464 08/19/2011 1 Pediatric w/manual electrode pads 95.55
Check 119958 Date Paid:09/08/2011 Comcast Amount: 59.95
Inv. 07376150911 08/24/2011 Sep'11 PW Wireless 59.95
Check 119959 Date Paid:09/08/2011 Commercial Asphalt Co. Amount: 319.51
Inv. 110831 08/31/2011 8.29.11 7.11ton 42A Wear 319.51
Check 119960 Date Paid:09/08/2011 Cragun's Conference and Golf Resort Amount: 220.00
Inv. 111017 09/08/2011 Angela Haseman MN Crime Prev conf 220.00
10.17/10.18.11
Check 119961 Date Paid:09/08/2011 Crow River Senior Center Amount: 58.93
Inv. 110817 08/17/2011 8.17.11 Northstar Rail/Wobegon Tales Sr trip 58.93
Page 3
Page Page 1 of 17 9/19/2011
Check 119962 Date Paid:09/08/2011 Cub Foods
Inv. 110831 08/31/2011 August Food Charges
Amount: $166.85
166.85
Check 119963 Date Paid:09/08/2011 Custom Fire Aparatus Inc Amount: $298.25
Inv. 13958 06/28/2011 34 window regulator 147.75
Inv. 14012 08/16/2011 34 window regulator 150.50
Check 119964 Date Paid:09/08/2011 Custom Manufacturing Inc Amount: $1,585.49
Inv. 4609 08/15/2011 20 Boardwalk swamp pans 1,585.49
Check 119965 Date Paid:09/08/2011 Data Recognition Corporation Amount: $3,978.78
Inv. 206AUG11 08/26/2011 Aug'11 UB Postage 3,978.78
Check 119966 Date Paid:09/08/2011 Disc Golf Association Inc Amount: $114.46
Inv. 29531 08/22/2011 1 Rules sign,9 Focal Point&Rock Guard 114.46
Check 119967 Date Paid:09/08/2011 DMJ Asphalt Inc Amount: $39,338.45
Inv. 10579 07/01/2011 6.17.11 W Med Lake park trail overlay/repairs 15,679.64
Inv. 10581 07/28/2011 7.28.11 W Med Lake park trail overlay/repairs 11,269.96
Inv. 10582 08/16/2011 8.1.11 W Med Lk Park trail overlay/repairs 12,388.85
Check 119968 Date Paid:09/08/2011 DogPoopBags.com LLC
Inv. 3960 08/30/2011 5cs Dog Poop Bags
Amount: $271.23
271.23
Check 119969 Date Paid: 09/08/2011 DR Horton Inc Minnesota Amount: $2,299.74
Inv. 101217 08/08/2011 R201006600 12.17.10 ESC10028 Steeple Hill $2,299.74
escrow ref
Check 119970 Date Paid:09/08/2011 Electrical Installation & Mnt Amount: $651.07
Inv. 001 1818I 08/16/2011 Signal Repair-Peony@Schmitt Lake Road -EB $286.75
Red Arrow
Inv. 001 1819I 08/16/2011 Signal Repair-TH55@Vicksburg-NB OH Red $364.32
LED
Check 119971 Date Paid:09/08/2011 ESS Brothers & Sons Inc Amount: $389.03
Inv. QQ4072 08/17/2011 2 3/4"X3/4" Ropes & 20 6"X50' Gator Wrap $389.03
Check 119972 Date Paid:09/08/2011
Inv.69045642 08/18/2011
Inv.70065694 08/15/2011
Inv.70065866 08/16/2011
Inv.70065882 08/16/2011
Inv. 70066251 08/18/2011
Inv.70066466 08/19/2011
Inv.70066476 08/19/2011
Factory Motor Parts Co
Unit 1007 Link Kit F
Shoe Set
Unit 1006 Link Kit F
Unit 1006 Rotor
Unit 1007 Condenser Assembly
Super Dut Pads & 8 Winter Blades
Unit 103 Rotor
Amount: $896.14
80.61
44.92
80.61
123.74
296.55
145.97
123.74
Check 119973 Date Paid: 09/08/2011 Fastenal Company Amount: $10.70
Inv. MNPLY48961 08/17/2011 HCS 7/8-9X5 YZE,2-7/8-9 FHNYZ8 Parts for $10.70
Well #13
Check 119974 Date Paid:09/08/2011
Inv. S01321292001 08/18/2011
Inv. S01322273001 08/15/2011
Inv. S01322273002 08/15/2011
Inv. S01322273003 08/15/2011
Ferguson Enterprises Inc
242 2-12 Valve Operating Nut Water
Piple Clamps, TRD Rods,3/4 Washers, Hex
nuts
2 -Bell Joint Leak Clamp
Bell Joint Leak Clamp
Check 119975 Date Paid: 09/08/2011 G&K Services Inc
Inv. 1006315667 08/19/2011 Public Works Uniforms
Page Page 2 of 17
Amount: $1,065.05
75.52
385.63
301.95
301.95
Amount: $325.50
325.50
Page 4
9/19/2011
Check 119976 Date Paid:09/08/2011 Todd Gerecke Amount: $5,932.50
Inv. 13818 07/02/2011 5605 Lawndale Lane Weed/Right of Way mow 175.00
Inv. 13829 08/01/2011 7.12.11 Dog Park weed/right of way mow 210.00
Inv. 13855 08/24/2011 Aug'11 Weed/Right of Way mowing + Forced 5,547.50
cuts
Check 119977 Date Paid:09/08/2011 Global Equipment Company
Inv. 104272755 08/18/2011 30" Pedestal Fan
Check 119978 Date Paid:09/08/2011
Inv. 110906 09/06/2011
Check 119979 Date Paid:09/08/2011
Inv.9612225475 08/16/2011
Inv.9613953208 08/18/2011
Inv.9614090059 08/18/2011
Inv. 9614477041 08/18/2011
Inv.9614946326 08/19/2011
Check 119980 Date Paid:09/08/2011
Inv.86712 08/01/2011
Inv. 86781 08/03/2011
Inv. 86782
Inv. 86805
Inv. 86818
Inv. 86830
Inv. 86831
Inv. 86832
Inv. 86896
Inv. 86971
Inv. 86975
Inv. 86995
Inv. 87038
Inv. 87042
Inv. 87048
Inv. 87052
Inv. 87110
Inv. 87216
Inv. 87217
Inv. 87242
Inv. 87355
Inv. 87460
Inv. 87485
Inv. X20036
08/03/2011
08/04/2011
08/03/2011
08/09/2011
08/05/2011
08/05/2011
08/09/2011
08/11/2011
08/11/2011
08/11/2011
08/12/2011
08/12/2011
08/15/2011
08/15/2011
08/17/2011
08/22/2011
08/22/2011
08/23/2011
08/26/2011
08/30/2011
08/31/2011
08/03/2011
Check 119981 Date Paid:09/08/2011
Inv. 17932 07/29/2011
GMH Asphalt Corp
Proj11002 #3 Annapolis Lane Reconstr
Grainger
2 -Poly Clear Sheets 48X96 inches
6 Marking Paint
12 6PK10 paint marking,6 ratchet tie
downs,bubble wrap,mark wand
4 PK50 23.62 inches cable ties& 4 PK50 18 in
cable ties
1 Ball Valve, 2PC,3 IN NPT, Brass,400 PSI
Hamel Lumber Inc
2 Bug Spray
5 4" DT Perf,6End Caps,8 4in cylinders,hand
cleaner & 3 4" tees
56 Bags Concrete Mix,2 6" Sillea
Blue,22-.5X5.5 Expansion Joints
Sillcock Handle & 2 4 -way stem key
8 screws & 2 pulls
2 Cut
30 #2 pins,2 1 5/8 wood screws,92 car bolts,4
2X4 10 Spf
3 DT Tile Perf
9 2X8,14 1X8,2 4X4 Green
4 Internal DT Conn, 1-11Oft roll DT Perf
4 Concrete Mix
6 stop nuts and ss bolts
Knee Set
Hatchet and 4- Keys
11 6X6X12 Treated and sawing charge
2 chalk lines
2 Bungee Cords
48X48 plywood glass
16 1X8 Lumber,12 1X6 lumber
Crimper & 10 Cables
30 Nails
2 Bxs bolts, 2 bx washer, & 2 bx nuts
3 Rolls Haul & 2 Cable Ties
Cr Memo Cut Bad
Hance Utility Services Inc
7.28.11 Locating service
Amount: $255.53
255.53
Amount: $205,874.74
205,874.74
Amount: $913.03
181.02
21.03
257.28
219.78
233.92
Amount: $2,516.04
12.23
335.95
364.52
15.15
12.93
5.24
297.62
353.49
192.47
56.78
18.10
9.12
30.36
50.27
490.77
13.18
20.93
73.84
54.47
3.18
15.71
53.04
38.83
2.14)
Amount: $115.50
115.50
Page 5
Page Page 3 of 17 9/19/2011
Check 119982 Date Paid:09/08/2011 Hawkins Water Treatment Amount: 10,631.87
Inv. 3251840RI 08/05/2011 ZWP 329.0614gl LPC-91- @ 5.389gl 1,773.31
Inv. 3252434RI 08/08/2011 ZWP 47,740LB Azone 15 @ .743/lb 3,547.08
Inv. 3252460RI 08/08/2011 CWP 47,620LB Azone 15 @.7431b 3,538.17
Inv. 3255971RI 08/19/2011 CWP 329.0614gl LPC-9L @ 5.389/gl 1,773.31
Check 119983 Date Paid:09/08/2011 Hedberg Aggregate Inc Amount: 277.72
Inv. 215461 08/10/2011 Weland Pond&LK,Rapid CL Liquid Treats,SAB 277.72
Stream & Pond Cleaner
Check 119984 Date Paid:09/08/2011 Hennepin County Treasurer Amount: 5,530.00
Inv. 20117PIymouth 08/15/2011 Jul'11 Room/Board prisoners 5,530.00
Check 119985 Date Paid:09/08/2011 Holiday Fleet Amount: 1,088.39
Inv. 110821 08/21/2011 7.22.11/8.19.11 E85 31 trips 1,088.39
Check 119986 Date Paid:09/0812011 Hopkins Parts Co. Amount: 933.13
Inv. 072789 08/01/2011 Leak Tester 216.77
Inv. 072932 08/03/2011 6 Gun Coup and 20 Hose Clamps 29.71
Inv. 072933 08/03/2011 2 Tubes 81.29
Inv. 073152 08/08/2011 2 Hooks and 2 Pintle Hoot 245.34
Inv. 073215 08/09/2011 6 Hitchpin 32.00
Inv. 073308 08/10/2011 Unit 591 2004 Jeep Grand Cherokee window 110.08
regulator rt front
Inv. 073619 08/17/2011 Bearing remover 55.14
Inv. 073648 08/17/2011 8 Bulbs & 3 Mercon V ATF Additive 53.88
Inv. 074320 08/31/2011 2 Tire Valves, 2 Wheel Weights,2 24Volt 33.58
Halogen
Inv.074321 08/31/2011 dipstick 75.34
Check 119987 Date Paid:09/08/2011 Housing Authority of the City of Milwaukee Amount: 902.50
Inv. 402589 09/01/2011 9.11.11 refund Sept Admin Delgado 902.50
Check 119988 Date Paid:09/08/2011 Instrumental Research Inc Amount: 640.00
Inv. 6541 09/01/2011 Aig'11 Water testing 640.00
Check 119989 Date Paid:09/08/2011 John Deere Landscapes Inc Amount: 75.76
Inv. 59037930 08/25/2011 4 6 Round Valve Box w/Lid,3 Ground Topper 46.58
Universal VB
Inv. 59038007 08/25/2011 100 Flex Tubing 29.18
Check 119990 Date Paid:09/08/2011 Kid Create Studio Amount: 990.00
Inv. 2442 08/31/2011 Artrageous Art Camp 990.00
Check 119991 Date Paid:09/08/2011 Killmer Electric Company Inc Amount: 216,987.67
Inv. 110831 08/31/2011 6 Athletic field relighting 215,365.00
Inv. 72168 06/14/2011 Elm Creek Park rplc sftbl field lamps 1,350.00
Inv. 7249617926 08/10/2011 Hilde electric repairs 272.67
Check 119992 Date Paid:0910812011 League of Minnesota Cities Amount: 27,592.00
Inv. 110901 09/08/2011 2011/2012 Kelli Slavik Membership 20.00
Inv. 153808 09/08/2011 2011/2012 Membership dues 27,572.00
Check 119993 Date Paid:0910812011 Lee Line Corp Amount: 593.75
Inv. 1107043 08/13/2011 7.28.11 St Cloud Transportation Sr program 593.75
Check 119994 Date Paid:09/08/2011 Leffler Printing Company Inc Amount: 6,870.00
Inv. 17055 08/26/2011 Sep-Oct'11 Plymouth News/Envir Extra 6,870.00
Check 119995 Date Paid:09/08/2011 Lowe's Amount: 605.37
Inv. 110902 09/02/2011 08.12.11/9.01.11 Hardware Supplies 605.37
Page 6
Page Page 4 of 17 9/19/2011
Check 119996 Date Paid:09/08/2011
Inv.23385 08/18/2011
Inv.23386 08/18/2011
Inv.23389 08/19/2011
LSC Resource Inc
40cs 8.5x11 copy paper
Business Cards
Rood, Evans, Engdahl, Bergstrom, Newberger, Ku
rtz
15,000 City of Plymouth Window Security
Envelope
Check 119997 Date Paid:09/08/2011 MALEFI
Inv. 15 09/08/2011 Dave Durenberger/9.7/9.9.11 conf &
membership
Check 119998 Date Paid:09/08/2011
Inv. 00031028 08/01/2011
Check 119999 Date Paid:09/08/2011
Inv.00258234SNV 08/19/2011
Master Repair Inc
6.16.11/8.1.11 IC Freezer/Fridge concession
repairs
MES Inc
Var FF supplies,Hybrid gloves,title tape,hood
shield,faceshields
Amount: $2,015.02
1,303.88
127.60
583.54
Amount: $320.00
320.00
Amount: $813.41
813.41
Amount: $3,453.96
3,453.96
Check 120000 Date Paid: 09/08/2011 Minnesota Recreation & Park Assoc/MRPA Amount: $357.00
Inv. 110901 09/08/2011 17 Fall softball registration fees $357.00
Check 120001 Date Paid:09/08/2011 Morrell Oversize Inc Amount: 725.00
Inv. 35815 08/15/2011 Haul power screen fr Plym to Ruffridge and 725.00
back
Check 120002 Date Paid:09/08/2011 MPH Industries Inc Amount: 69.54
Inv. 643726 08/17/2011 Radar remote repairs 69.54
Check 120003 Date Paid:09/08/2011 MTI Distributing Inc Amount: 60.01
Inv. 80779400 08/16/2011 Nibco 3in Slip,3X3X2 Tees,3in CPLG SXS,2X6 38.33
Toe Nip
Inv. 80809700 08/17/2011 NIBCO 3 in & 3 in CPLG 21.68
Check 120004 Date Paid:09/08/2011 NCPERS Minnesota Amount: 1,577.00
Inv. 6956911 08/23/2011 Sep'11 Life Insurance 1,577.00
Check 120005 Date Paid:09108/2011 Northern Sanitary Supply Co Inc Amount: 220.27
Inv. 150267 08/26/2011 PCC -Cleaning Supplies 220.27
Check 120006 Date Paid:09/08/2011 Northwest Community Television Amount: 7,023.24
Inv. 3754 08/15/2011 4.29/5.11.11 Erik Blank Retirement Video 582.44
Production
Inv. 3755 08/15/2011 5.17/6.28.11 Parks&Rec video production 6,440.80
Check 120007 Date Paid:09/08/2011 Office Depot Amount: 600.07
Inv. 574752583001 08/11/2011 20 PK12 Mailer,1DZ Steno Pads,1BX SIZE AA 159.94
Batteries
Inv. 574902556001 08/12/2011 PCC -1 PK Glue,1BX Folders,2 DZ Pens 15.99
Inv. 575049093001 08/15/2011 PW -Water 4000 Multi Bleach Towels 38.46
Inv. 575072031001 08/15/2011 PCC -40 RMS Colored Paper 211.61
Inv. 575072997001 08/15/2011 PCC -21 RM Colored Paper, 3 Dry Erasers 121.16
Inv. 575358469001 08/17/2011 CD -1 BX Folders,6DZ Pens,1 PK PERF Pad 52.91
Check 120008 Date Paid:09/08/2011 Park Bus Company Amount: 620.00
Inv. 116381 08/15/2011 8.9.11 Paddleford River Boat transportation 620.00
Check 120009 Date Paid:09/08/2011 Plymouth Automotive Inc. Amount: 136.19
Inv. 110821 08/21/2011 8.21.11 '08 Chev Pickup tow/storage 136.19
Page 7
Page Page 5 of 17 9/19/2011
Check 120010 Date Paid:09/08/2011 Precision Surveys Inc
Inv. 110810 08/10/2011 Imperial Hllls Annex prop corner locations
Inv. 110810A 08/10/2011 Eaglewood prop corner locations
Check 120011 Date Paid:09/08/2011 Randy's Sanitation Inc
Inv. 112118190811 08/19/2011 Aug'11 CWP Rubbish Removal
Inv. 112572180811 08/19/2011 Aug'11 ZWP Rubbish Removal
Check 120012 Date Paid:09/08/2011
Inv. 2616 09/08/2011
Check 120013 Date Paid:09/08/2011
Inv.301077900 08/10/2011
Inv.301080300 08/11/2011
Inv.301085000 08/15/2011
Inv.301093600 08/18/2011
Inv.301093700 08/18/2011
Recycling Association of MN
2011-2012 Kovacevick Membership
Reinders Inc
150 Ib ryegrass premium blend
12 straw blankets
1 Gal Podium Maxx
2 Trimec Classic,2 Glyphosate Pro 4
6 Glyphosate Pro 2.5 gallon
Check 120014 Date Paid: 09/08/2011 Scharber & Sons
Inv. 022034999 08/08/2011 L Boy
Inv. 022035044 08/09/2011 Air fi,gromme,saw bl,8" bru
Inv.022035174 08/12/2011 Carburetorc
Inv. 022035594 08/23/2011 Spool, Trimme
Check 120015 Date Paid:09/08/2011
Inv.35917829 08/30/2011
Check 120016 Date Paid:09/08/2011
Inv. 00334651N 08/15/2011
Check 120017 Date Paid:09/08/2011
Inv.07368003 04/30/2011
Check 120018 Date Paid:09/08/2011
Inv. 1859471 08/16/2011
Inv. 1859556 08/16/2011
Inv. 1859679 08/16/2011
Inv. 1859876 08/17/2011
Inv. 1859916 08/17/2011
Inv. 1860463 08/19/2011
Inv. 1860824 08/20/2011
Inv. 1860843 08/20/2011
Check 120019 Date Paid:09/08/2011
Inv. 10102219 08/02/2011
Inv. 10102260 08/03/2011
Inv. 10102264 08/03/2011
Inv. 10102687 08/18/2011
Inv. 10102735 08/19/2011
Inv. 10102778 08/22/2011
Inv. 10102843 08/23/2011
Inv. 10103018 08/30/2011
Inv. 10103057 08/30/2011
Amount: $2,400.00
600.00
1,800.00
Amount: $127.23
57.25
69.98
Amount: $75.00
75.00
Amount
158.71
301.39
245.16
323.14
267.74
Amount
10.64
63.30
49.81
144.27
1,296.14
268.02
Special Operations Training Assoc/SOTA Amount: $135.00
William Dane Legal Update Reg $135.00
Sport Systems Unlimited Amount: $1,478.08
IC Arcylic plexiglass replacement 1,478.08
SRF Consulting Group, Inc. Amount: $490.24
PRK10022 4.30.11 490.24
Streicher's Inc Amount: $278.66
FD -Shirt 52.99
Name Tag Flores and Silver finish tab 14.94
FD -Shirt 49.99
FD -Navy Shirt 49.99
PD -2 Clip on Ties, & 1 Polo Shirt 42.97
FD -Shirt 49.99
PD - Tie Bar 6.40
Tie Bar & Clip On Tie 11.39
Suburban Tire Wholesale Inc Amount: $3,313.11
2 Assurance Fuelmax Tires 163.35
2 RSD LRF Tires 604.55
4 Wrangle SRA Owl Tires 471.45
2 LRF RSS Tires 547.61
6 Eagle UG GW3 VSB 722.56
2 Turf Master 4 Ply Tires 165.49
4 Wrangler RT/S OWL Tires 272.23
1 T Legend Tour BW 92.83
2 E WRG SRA 273.04
Page 8
Page Page 6 of 17 9/19/2011
Check 120020 Date Paid:09/08/2011 Sun Newspapers
Inv. 1333178 08/18/2011 Publish Ord 2011-24 Chapter IV Construction
08/09/2011
Inv. 5687
Regulations
Inv. 1333180 08/18/2011 Ordinance 2010-020 Salaries of Council &
08/09/2011
Inv. 5695
Mayor
Inv. 1333181 08/18/2011 TIF 422,423,424,426,427,428,429 Disclosure
909.51
08/16/2011
legal notice
Inv. 13333179 08/18/2011 Publish Ordinance 2011-25 Est PUD SE of Co
08/16/2011 Matt Gliniany armor vest
Rd 9 & 1-494
Check 120021 Date Paid:09/08/2011 SW/WC Service Cooperatives
Inv. 111001 09/08/2011 Oct'11 BCBS Health Insurance
Check 120022 Date Paid:09/08/2011
Inv. RG1601472 08/25/2011
Check 120023 Date Paid:09/08/2011
Inv. 156 08/18/2011
Check 120024 Date Paid:09/08/2011
Inv. 5685 08/09/2011
Inv. 5686 08/09/2011
Inv. 5687 08/09/2011
Inv. 5688 08/09/2011
Inv. 5689 08/09/2011
Inv. 5695 08/18/2011
Check 120025 Date Paid:09/08/2011
Inv. 3255 08/12/2011
Inv. 3256 08/12/2011
Inv. 3257 08/12/2011
Inv. 3258 08/12/2011
Inv. 3259 08/12/2011
Swank Motion Pictures
October Sky & Secretariat
Taylor Electric Company LLC
Well 7 replace magnet assmbly/coil,clean
contacts
Total Control Systems Inc
Four Seasons Well security camera
Well 19 security camera
Well 11 security camera
Well 14 security cameras
Well 16 2 Security cameras
8.7.1 Well 14 2 fiber optic lines repair
Amount: 388.96
91.52
Amount:
40.04
880.16
171.60
Brandon Ostlie armor vest
85.80
2,593.91
Amount: 184,054.50
184,054.50
Amount: 909.51
909.51
08/16/2011
Amount: 2,334.25
2,334.25
Inv. 87316
Amount: $27,462.07
3,826.41
3,826.41
3,826.41
7,652.82
7,652.82
677.20
Town & Country Landscaping of Rogers Inc Amount: $7,759.47
Zachary outdoor skaterink seed/grade 2,491.86
restoration hockey
Amount:
Zachary open skate area seed/grade 880.16
restoration hockey
Brandon Ostlie armor vest
W Med Lake seeding restoration work 2,593.91
Zachary ballfield fenceline renovation 1,113.38
SouthShore Park seeding restoration work 680.16
Check 120026 Date Paid:09/08/2011 Uniforms Unlimited Inc. Amount: 2,843.00
Inv. 87313 08/16/2011 Brandon Ostlie armor vest 710.75
Inv. 87314 08/16/2011 Warren Anderson armor vest 710.75
Inv. 87315 08/16/2011 Jon Hunt armor vest 710.75
Inv. 87316 08/16/2011 Matt Gliniany armor vest 710.75
Check 120027 Date Paid:09/08/2011 University of Minnesota Amount: 50.00
Inv. 11376 08/29/2011 8.15.11 Oak Wilt testing 50.00
Check 120028 Date Paid: 09/08/2011 Vance Brothers Inc Amount: 2,260.41
Inv. IN20981 08/18/2011 900gl CRS -2 tack oil 2,260.41
Check 120029 Date Paid:09/08/2011 Viking Trophies Amount: 340.11
Inv. 105221 09/06/2011 72 Classic Ironstone DK BI Mud with Large C 340.11
Handle wi logo
Check 120030 Date Paid:09/08/2011 W D Larson Companies LTD Inc
Inv. F212270033 08/15/2011 11 Filters
Inv. F212310063 08/19/2011 Battery, Filters, Transmission
Check 120031 Date Paid:09/08/2011
Inv. 606540605007 09/01/2011
Check 120032 Date Paid:09/08/2011
Inv. 2666 08/22/2011
Page Page 7 of 17
Waste Management Services
Sep'11 IC Rubbish Removal
Water Conservation Services Inc
7.22/8.4.11 Leak detection
Amount: $276.15
79.62
196.53
Amount: $203.49
203.49
Amount: $684.15
684.15 page 9
9/19/2011
Check 120033 Date Paid:09/08/2011
Inv. 51626172430811 08/30/2011
Check 120034 Date Paid:09/08/2011
Inv.203626 08/16/2011
Inv.449214 08/16/2011
Inv.449224 08/16/2011
Check 120035 Date Paid:09/08/2011
Inv. 54101961 08/19/2011
Xcel Energy Amount: $67,133.06
7.16/8.15.11 CC, PS, HS,PCC, FS3,Residential 67,133.06
street lights
Yocum Oil Company Inc Amount: $26,054.65
1 Arsenal torpedo chemical to treat diesel fuel 119.95
3000gl Diesel Fuel 9,658.20
5000gl Unleaded Fuel 16,276.50
Zee Medical Service Amount: $203.01
PW Medical Resupply 203.01
Check 120036 Date Paid: 09/08/2011 William Dane
Inv. 110828 08/28/2011 K-9 Kennel supplies/concrete slab
Check 120037 Date Paid:09/08/2011
Inv. 110825 08/25/2011
Check 120038 Date Paid:09/08/2011
Inv. 110810 08/10/2011
Joseph Gebhardt
8.23/8.25.11 Meals Amber training
Daniel LaMere
8.2/8.10.11 133 Mileage Reimb
Check 120039 Date Paid:09/08/2011 MAAO/MN Assoc Assess Officers
Inv. 111009 09/08/2011 Olsson,Hebert,Vanderlinden/Fall conf regis
10.9/10.12.11
Amount: $2,144.39
2,144.39
Amount: $33.00
33.00
Amount: $73.82
73.82
Amount: $950.00
950.00
Check 120040 Date Paid:09/08/2011 Jan Olsson Amount: $245.78
Inv. 110901 09/02/2011 Lodging Owatonna PACE conference $169.20
Inv. 110902 09/02/2011 8.29/9.2.11 137.98 Mileage Reimb/Owatona $76.58
conf
Check 120041 Date Paid:09/08/2011
Inv. 110818 08/31/2011
Check 120042 Date Paid:09/08/2011
Inv. 2291 08/30/2011
Check 120043 Date Paid:09/08/2011
Inv.110914 09/08/2011
Check 120044 Date Paid:09/08/2011
Inv. 110824 08/24/2011
Check 120045 Date Paid:09/08/2011
Inv. Import - 1202 09/07/2011
Check 120046 Date Paid:09/08/2011
Inv. Import - 1197 09/07/2011
Check 120047 Date Paid: 09/08/2011
Inv. Import - 1198 09/07/2011
Check 120048 Date Paid: 09/08/2011
Inv. Import - 1196 09/07/2011
Check 120049 Date Paid: 09/08/2011
Inv. Import - 1199 09/07/2011
Check 120050 Date Paid: 09/08/2011
Inv. Import - 1201 09/07/2011
Check 120051 Date Paid:09/08/2011
Inv. Import - 1203 09/07/2011
Petty Cash
6.10/8.18.11 Reimb Petty Cash
Robert Topp
Window tint unit 189 reimbursement
Sunny Van Brocklin
9.14.11 Farmers Market performance
Jeff Voller
8.22/8.24.11 Lunch Amber Training MPLS
Adams, Roger
Park and Rec Refund
Blythe, Thomas Peter
Park and Rec Refund
Dow, Bonnie
Park and Rec Refund
Greenwood, Valerie
Park and Rec Refund
Justin Haines
Park and Rec Refund
Lokkesmoe, Kay
Park and Rec Refund
MotivAction
Park and Rec Refund
Amount: $214.56
214.56
Amount: $235.95
235.95
Amount: $80.00
80.00
Amount: $33.00
33.00
Amount: $4.00
4.00
Amount: $10.00
10.00
Amount: $5.00
5.00
Amount: $60.00
60.00
Amount: $160.00
160.00
Amount: $71.00
71.00
Amount: $100.00
100.00
Check 120052 Date Paid: 09/08/2011 NAIFA Minnesota Amount: $100.00
Inv. Import - 1204 09/07/2011 Park and Rec Refund $100.00
Page 10
Page Page 8 of 17 9/19/2011
Check 120053 Date Paid:09/08/2011 Raff, Merit
Inv. Import - 1205 09/07/2011 Park and Rec Refund
Check 120054 Date Paid:09/08/2011 Kyle Savelkoul
Inv. Import - 1200 09/07/2011 Park and Rec Refund
Check 120055 Date Paid:09/15/2011 Ace Lock & Safe Co Inc
Inv. A87548 08/25/2011 PW -Electrical Bx #6 install new hinges on
access panel door
Inv. A87827 08/23/2011 RWTP-Repair door closer & open from
cholrine spill
Check 120056 Date Paid:09/15/2011
Inv. 858944 08/01/2011
Inv.899192 08/25/2011
Inv. 901501 08/26/2011
Inv. 901506 08/26/2011
Check 120057 Date Paid:09/15/2011
Inv. 2 08/26/2011
Acme Tools
Speed sander,belt
Dewalt 18V battery,saw blade,trowel,mason
line,groover,edger,flo
1 Cres 8in comb jer cdd
2 Steel C clmp
Action Sport Development LLC
8.26.11 Skate Park Design&Construction
oversight
Check 120058 Date Paid:09/15/2011 Airgas North Central
Inv. 105619875 08/26/2011 3 Oxygen Cylinders
Check 120059 Date Paid:09/15/2011 AI's Coffee Company
Inv. 126200 08/26/2011 IC Concession coffee resupply
Check 120060 Date Paid:09/15/2011 Allied Waste Services
Inv. 0894002638641 08/31/2011 8.8/8.10.11 PM rolloff service
Check 120061 Date Paid:09/15/2011 Allina Occ Med
Inv. 69953 07/31/2011 7.13/7.26.11 FF/HR Physicals
Check 120062 Date Paid:09/15/2011 American Fastener
Inv. 00169774 08/23/2011 Misc hardware supplies
Check 120063 Date Paid:09/15/2011 Anchor Paper Company
Inv. 3019658800 08/26/2011 25-1000/ctn White Envelopes
Check 120064 Date Paid:09/15/2011 Bachman's Inc
Inv. 31929 08/17/2011 Various plant material
Inv. 32019 08/19/2011 Dog Park plant materials
Check 120065 Date Paid:09/15/2011 Back 2 Basics Learning LLC
Inv. Summer1138 08/25/2011 7.25/8.26.11 Twoosy Doodlers classes
Check 120066 Date Paid:09/15/2011 Bertelson Total Office Solutions
Inv. WO7154741 08/24/2011 Gummed Seal Business Envelope
Inv. WO7154751 08/24/2011 Gummed Seal Business Envelopes
Inv. WO7161691 08/26/2011 PD -4 220/BX Shipping Labels
Check 120067 Date Paid:09/15/2011
Inv.1202936 08/31/2011
Check 120068 Date Paid:09/15/2011
Inv.9112MB 08/23/2011
Inv.9124MB 08/24/2011
Inv.9125MB 08/25/2011
Inv.9126MB 08/26/2011
Brauer & Assoc Ltd Inc
Jun-Jul'11 Zachary Hockey Rink
C S McCrossan Construction Inc
8.22.11 25.86ton LVWE4503,Fines Mix
8.24.11 363.71 ton RAP
8.25.11 198.22ton RAP
8.26.11 24.01 ton RAP
Amount: $66.00
66.00
Amount: $160.00
160.00
Amount: $497.87
279.13
218.74
Amount: $1,019.43
272.37
370.86
329.20
47.00
Amount: $2,000.00
2,000.00
Amount: $243.55
243.55
Amount: $129.85
129.85
Amount: $1,346.92
1,346.92
Amount: $276.00
276.00
Amount: $81.47
81.47
Amount: $87.70
87.70
Amount: $7,376.63
955.23
6,421.40
Amount: $1,296.00
1,296.00
Amount: $155.97
30.98
30.98
94.01
Amount: $2,124.59
2,124.59
Amount: $27,194.90
1,206.50
16,131.73
8,791.74
1,064.93
Page 11
Page Page 9 of 17 9/19/2011
Check 120069 Date Paid:09/15/2011 Canada Goose Management Inc
Inv. 2011017 08/20/2011 2011 Goose management
Check 120070 Date Paid:09/15/2011 CDW Government Inc
Inv. ZKK2364 08/22/2011 Lind Auto DC Adapter for Panasonic
Check 120071 Date Paid:09/15/2011 Central Power Distributors Inc
Inv. 792252 08/25/2011 6-mULCHING bLADES
Check 120072 Date Paid:09/15/2011 CenturyLink
Inv. E2325760911 09/01/2011 Sep' 11 E23.2576
Inv. E4404790911 09/01/2011 Sep'11 E44.0479
Inv. E4404930911 09/01/2011 Sep'11 E44.0493
Check 120073 Date Paid:09/15/2011 Cimarron Ponds Homeowners Assoc
Inv. 101210 09/14/2011 R201005294 10.12.10 Proj9113 ref escrow
balance
Check 120074 Date Paid:09/15/2011 Coca Cola Enterprises Bottling
Inv. 110831 08/31/2011 Aug'11 IC Concession pop resupply
Check 120075 Date Paid:09/15/2011 Erika Commers
Inv. 110728 07/28/2011 7.24/7.28.11 22 Mileage Reimb
Inv. 110901 09/01/2011 7.5/9.1.11 319 Mileage Reimb
Amount: $801.56
801.56
Amount: $147.86
147.86
Amount: $88.67
88.67
Amount: $1,094.91
107.95
539.71
447.25
Amount: $65,957.30
65,957.30
Amount: $890.90
890.90
Amount: $189.26
12.21
177.05
Check 120076 Date Paid: 09/15/2011 Dakota Supply Group Inc Amount: $3,304.00
Inv. 7013071 08/26/2011 4 3/4"x9" #3 Setters/resale $196.00
Inv. 7014282 08/26/2011 1 2" TRBO Gal,8 VM7013 meter gl,1" #4 $3,108.00
setters
Check 120077 Date Paid: 09115/2011 DAS Manufacturing Inc
Inv. 1998 08/22/2011 12 Storm drain marker adhesive
Check 120078 Date Paid:09115/2011
Inv.00074928 08/26/2011
Check 120079 Date Paid:09/15/2011
Inv. 11066 08/22/2011
Check 120080 Date Paid:09/15/2011
Inv. 15665 08/16/2011
Inv. 15680 09/06/2011
Inv. 15693 09/06/2011
Inv. 15694 09/06/2011
Check 120081 Date Paid:09/15/2011
Inv. CM12018 05/22/2011
Inv. CM12119 08/22/2011
Inv.INV51765 08/22/2011
Inv.INV51766 08/22/2011
Data Recognition Corporation
Aug'11 UB Processing
DH Athletics LLC
1 18', 3 12' green field tarps
DSS Commercial Inc
Aug'11 Messiah glass rplc/removal
Aug'11 Nathan Ln Transit shelter broken glass
cleanup
Aug'11 Messiah mowing
Aug'11 Station 73 lawn service
DTS/Document Tech Solutions
Color/BW copy credit
5.22/8.21.11 color/BW copy credit
8.22/11.21.11 IC,ADM,Fire,PD
front, PCC, Eng, PD upstairs,
8.22/11.21.11 P&R,CD,Finance,Mailroom
copier maint
Check 120082 Date Paid:09/15/2011 Earl F. Andersen Inc.
Inv. 0096605IN 08/24/2011 3/4 Steel Banding,3/4 Steel Buckle,50 Steel
Brac-its
Check 120083 Date Paid:09/15/2011 Electric Pump
Inv. 0045174IN 08/22/2011 LS parts/brackets Autumn Hills
Page Page 10 of 17
Amount: $74.70
74.70
Amount: $1,868.46
1,868.46
Amount: $1,318.84
1,318.84
Amount: $2,342.46
832.88
393.80
106.88
1,008.90
Amount: $15,909.30
875.04)
863.00)
9,694.92
7,952.42
Amount: $492.80
492.80
Amount: $581.48
581.48
Page 12
9/19/2011
Check 120084 Date Paid:09/15/2011
Inv. 001 18231 N 08/24/2011
Inv. 001 18281N 08/24/2011
Inv. 001 18291N 08/24/2011
Electrical Installation & Mnt
Millenium Gardens lighting repairs
Signal Relamp-TH55@S.Shore Drive EB OH
Green Arrow
Gopher Satte Locate
Ticket#112280605-Vicksburg@Schmidt Lk
Check 120085 Date Paid:09/15/2011 Emergency Apparatus Maintentance Inc
Inv. 56709 08/29/2011 L-31 generator rebuild
Check 120086 Date Paid:09/15/2011 eQuality Pathways to Potential
Inv. 110831 08/31/2011 Aug'11 PCC Janitorial
Check 120087 Date Paid:09/1512011 ESS Brothers & Sons Inc
Inv. QQ4237 08/23/2011 298 2x3 HDPE adjusting rings
Amount: $3,406.90
2,895.94
300.96
210.00
Amount: $4,542.69
4,542.69
Amount: $448.88
448.88
Amount: $7,006.73
7,006.73
Check 120088 Date Paid: 09/15/2011 Express Press Inc Amount: $346.85
Inv. 19353 07/25/2011 20,800 Parade utility bill insert 346.85
Check 120089 Date Paid:09/15/2011 Factory Motor Parts Co Amount: $178.84
Inv. 13676440 07/12/2011 1 55gl Drum Splash + core 88.74
Inv. 13708282 08/23/2011 Unit 1 RR Disc Brake Pad Sets 47.06
Inv. 70067371 08/26/2011 Superduty Pads & 3 Sets Winter Blades 100.15
Inv. RA2464639 07/07/2011 Cr inv 61253744 brake pad kit 57.11)
Check 120090 Date Paid:09/15/2011 Fastenal Company
Inv. MNPLY49111 08/25/2011 2 AG Jobber 3/8 & 50 HCS 3/8-16X1 YZ8
Check 120091 Date Paid:09/15/2011 FedEx Office
Inv. 061500013250 08/11/2011 Bind Coil Mixed Std
Inv. 061500013252 08/12/2011 CD Bind Coil Mixed Std
Check 120092 Date Paid:09/15/2011 First Transit Inc
Inv. 10576510 08/31/2011 Aug'11 DAR/Metrolink Transit
Inv. 10576513 08/31/2011 Aug'11 Fuel surcharge
Check 120093 Date Paid:09/15/2011
Inv.1006326549 08/26/2011
Check 120094 Date Paid:09/15/2011
Inv. 110825 08/25/2011
G&K Services Inc
Public Works Uniforms
GMH Asphalt Corp
Proj9113 #4 Cimarron Ponds Street Reconstr
Check 120095 Date Paid:09/15/2011 Grainger
Inv. 9618853155 08/24/2011 6 Red Marking Paint
Inv.9621497248 08/26/2011 Flashlight
Check 120096 Date Paid:09/15/2011 Grove Nursery Inc
Inv. 22439900 08/23/2011 30 Phlox,5 Lilac,2 Rose,3 Hydrangea,7
Rhodoendron
Check 120097 Date Paid:09/15/2011 Hawkins Water Treatment
Inv. 3256770RI 08/23/2011 ZWP 329.0614gl LPC -9L @ 5.389gl
Inv. 3257039RI 08/22/2011 ZWP 47,960LB Azone 15 @ .743/lb
Check 120098 Date Paid: 0911512011 Henry's Waterworks Inc
Inv. 15252 08/25/2011 Var gate valve repair parts
Check 120099 Date Paid:09/15/2011 Highway 55 Rental Inc
Inv. 442339 09/07/2011 Bobcat Rental and Trailer
Check 120100 Date Paid:0911512011
Inv.38446 08/22/2011
Page Page 11 of 17
Hotsy Equipment of MN
160gl truck wash/degreaser soap
Amount: $31.23
31.23
Amount: $53.00
35.33
17.67
Amount: $292,896.11
286,032.40
6,863.71
Amount: $325.50
325.50
Amount: $162,138.99
162,138.99
Amount: $27.55
21.03
6.52
Amount: $397.08
397.08
Amount: $5,336.74
1,773.31
3,563.43
Amount: $2,198.42
2,198.42
Amount: $197.52
197.52
Amount: $949.05
949.05
Page 13
9/19/2011
Check 120101 Date Paid:09/15/2011 International Code Council/ICC
Inv. 2856108 09/06/2011 Joe Ryan Membership 0446800
Check 120102 Date Paid:09/15/2011 Irrigation By Design Inc
Inv. 00133946 05/25/2011 Irrigation service parts
Inv. 00134205 06/15/2011 Install of irrig piping/quick couplers
Check 120103 Date Paid:09/15/2011 ISD #877 Food Service Department
Inv. 110829 08/29/2011 IC 1cs pan liners for baking
Check 120104 Date Paid:09/15/2011 J H Larson Electrical Co
Inv. 434951301 08/25/2011 90 Sylvania Light bulbs
Check 120105 Date Paid:0911512011
Inv. 001094 08/29/2011
Check 120106 Date Paid:09/15/2011
Inv. 110902 09/02/2011
Check 120107 Date Paid:09/15/2011
Inv. 110907 09/07/2011
Kamida Inc
W Med Lk Rd/South Shore concrete work
Mollie Kreibich
Personal Training JL
Amount: 225.00
225.00
Amount:
Amount: 3,588.00
2,245.00
R201102867 5.23.11 Refund ESC11030AFP &
1,343.00
Amount: 44.00
44.00
Amount: 209.47
209.47
Law Enforcement Technology Group LLC
Amount: 6,104.00
6,104.00
08/26/2011
Amount: 1,170.00
1,170.00
Check 120110
Ponnamma Kurian Amount: $65.00
R201147869.7.11 Refund rental lic paid twice $65.00
Check 120108 Date Paid: 09/15/2011 Landmark Development of MN Amount: 5,059.10
Inv. 110523 09/13/2011 R201102867 5.23.11 Refund ESC11030AFP & 5,059.10
plan applic fee
Check 120109 Date Paid:09/15/2011 Law Enforcement Technology Group LLC Amount: 42.75
Inv. 12525 08/26/2011 Sep-Dec'11 K-9 Odie canine tracker 42.75
Check 120110 Date Paid:09/15/2011 LexisNexis Risk Data Management Inc Amount: 42.30
Inv. 10345582011083 08/31/2011 Aug'11 LexisNexis 42.30
Check 120111 Date Paid: 09/15/2011 Loscheider Custom Homes Inc Amount: 700.00
Inv. 100825 09/08/2011 R26643 8.25.11 3175 Xanthus Ln tree deposit 700.00
refund
Check 120112 Date Paid:09/15/2011 LSC Resource Inc Amount: 308.08
Inv. 23392 08/26/2011 October 2011 Senior Grapevine Newsletter 308.08
Check 120113 Date Paid:09/15/2011 Lubrication Technologies Inc Amount: 3,193.22
Inv. 1945596 08/24/2011 100 5W30 Mobil Special, 200 15W40 Delvac 3,193.22
Check 120114 Date Paid:09/15/2011 Scott McKown Amount: 1,275.00
Inv. 110908 09/08/2011 6 Plan RVW5390 Weston, 15025,14915,14905 900.00
61st pl,16050 54th,56th
Inv. 110912 09/12/2011 3 Plan Review/Good Sam,MSC Comestology & 375.00
plumbing
Check 120115 Date Paid:09/15/2011 Metro Fire Amount: 160.23
Inv. 41877 08/26/2011 FD -Sensor Kit Multi Gas & Sensor Kit 160.23
Combustible
Check 120116 Date Paid:09/15/2011 Metropolitan Council Amount: 46,361.70
Inv. 110831 08/31/2011 Aug"1 Sewer Availability Charge report 46,361.70
Check 120117 Date Paid:09/15/2011 Midwest Environmental Consulting LLC Amount: 1,024.68
Inv. 071114 07/21/2011 2345 Jonquil Ln lead based paint inspection 503.84
Inv. 08115 08/05/2011 11815 61st Ave lead based paint 520.84
survey&assmnt
Check 120118 Date Paid:09/15/2011 Minnesota Recreation & Park Assoc/MRPA Amount: $160.00
Inv. 7099 08/26/2011 1 Softball Tourn berth $160.00
Page 14
Page Page 12 of 17 9/19/2011
Check 120119 Date Paid:09/15/2011 Munters Corporation -DH Division
Inv. 50378 08/25/2011 IC Kevlar 1500 wheel belt,wheel roller
Inv. 50438 08/26/2011 8.24/8.26.11 Rink "A" disiccant parts
Check 120120 Date Paid:09/15/2011
Inv. 08042011 08/04/2011
Inv.225397 08/29/2011
Inv.251539 08/04/2011
Inv.252315 08/09/2011
Inv.252497 08/10/2011
Inv.252498 08/10/2011
Inv.252518 08/10/2011
Inv.252673 08/11/2011
Inv.252832 08/12/2011
Inv.252834 08/12/2011
Inv.252905 08/12/2011
Inv.253560 08/17/2011
Inv.254912 08/26/2011
Inv.254915 08/26/2011
Inv.255188 08/29/2011
Inv.255393 08/30/2011
Inv.255474 08/31/2011
Check 120121 Date Paid:09/15/2011
Inv. 51011P 09/09/2011
Inv. 5107T 09/08/2011
Check 120122 Date Paid:09/15/2011
Inv. 5921 08/08/2011
Check 120123 Date Paid:09/15/2011
Inv. 110817 08/17/2011
Check 120124 Date Paid:09/15/2011
Inv. 575646180001 08/18/2011
Inv. 575653284001 08/18/2011
Inv. 575702480001 08/19/2011
Inv. 575705657001 08/22/2011
Inv. 575705684001 08/19/2011
Inv. 575735630001 08/19/2011
Inv. 575781028001 08/19/2011
Inv. 575816824001 08/19/2011
Inv. 575925990001 08/22/2011
Inv. 575985642001 08/22/2011
Check 120125 Date Paid:09/15/2011
Inv. DV11080409 09/06/2011
NAPA Geniune Auto Parts Co
Unit 904'06 Dodge Front Rotor
Cr Memo for 254912
04 Ford Truck Front Rotor -Unit 245
Battery and 8.5 Round Mirror
Battery
CR Memo 252315
NAPA Rugyde - 1 gal
Solenoid
Battery
Battery
NU Finish Car Polish
Transmission Oil Filter
FHP Powerated Belt
Battery
FHP Opwerated Belt #6010
Battery
Battery Unit #199
Amount: $3,106.43
1,038.15
2,068.28
Amount: $1,102.64
62.82
38.64)
217.85
149.75
84.83
23.52)
14.45
23.56
91.63
17.30
18.84
25.10
38.64
85.88
38.81
209.46
85.88
Robert Nesbitt Amount: $2,530.48
8.29/9.9.11 MN Joint Analysis $1,406.00
8.16/9.7.11 1361 Mileage/lodging conf $1,124.48
Northern Technologies Inc Amount: $619.00
Proj11010 7.3/7.30.11 Lancaster Ln str improv $619.00
Northwest Asphalt Inc
Proj11007 #1/Final 2011 Mill & Overlay
Office Depot
FD-Accustamp2,2 Inked Stamps,2BX 9V
Batteries
PD-2BX Cat Envelopes,5DZ Pens,2 Binders
CD -1 BX Catalog Envelopes & 1 Log Book
HP 72 Gray Ink Cartridge Model C9374A
PW -DZ Highlighters & 1 PK Post IT Notes
Notary Public Book
PIC -Deposit 7 Pin Lock Bag
PD-Ruler,lndex, Ruberbands,Staples, Markers
PW -2 PK Package Sealing Tape
ENG-Folders,Highlighters,Pens, Binding
Combs,& Envelopes
Office of Enterprise Technolog
Aug'11 Wide Area Network
Check 120126 Date Paid:09/15/2011 On Site Sanitation
Inv. 110820 08/20/2011 49 Portable Toilet 7.23/8.19.11
Check 120127 Date Paid: 09/15/2011
Inv.8409757 08/31/2011
OnTrac
8.22/8.29.11 Attorney courier sery
Amount: $358,801.93
358,801.93
Amount: $451.30
45.55
74.19
36.83
80.15
23.30
14.39
13.75
21.54
5.96
135.64
Amount: $90.00
90.00
Amount: $4,813.56
4,813.56
Amount: $42.74
42.74
Page 15
Page Page 13 of 17 9/19/2011
Check 120128 Date Paid:09/15/2011
Inv. 42154 08/22/2011
Inv. 42189 08/24/2011
Check 120129 Date Paid:09/15/2011
Inv.201108121118 08/12/2011
Check 120130 Date Paid:09/15/2011
Inv. 110906 09/06/2011
Owens Companies Inc Amount: $2,811.91
Well#3 Repair Exhaust Fan worn belt 252.82
ZWP compressor room too warm 2,559.09
Paul Davis Emergency Services of Wayzata Amount: $3,540.00
Environmental hygenist for police firing range 3,540.00
Plymouth Automotive Inc. Amount: $156.19
9.6.11 '98 Chev P/U tow 156.19
Check 120131 Date Paid:09/15/2011 Printers Service Inc
Inv. 255209 08/25/2011 77" Kinfe Sharpening
Check 120132 Date Paid:09/15/2011 PWYSA
Inv. 09012011 09/01/2011 8.22/8.25.11 Softball camp
Check 120133 Date Paid:09/15/2011 Reinders Inc
Inv. 301102500 08/23/2011 300 Ib 50/50 Blue/rye seed mix
Inv. 301102600 08/23/2011 2 Q4 Plus Herbicide 2.5 gal
Inv. 301102700 08/23/2011 3 BX Metal Saples (1000 per box)
Inv. 301104700 08/24/2011 25 Deluxe 50 Lawn Seed Mix
Check 120134 Date Paid:09/15/2011
Inv.2011676 09/01/2011
Check 120135 Date Paid:09/15/2011
Inv. 10162 08/22/2011
Check 120136 Date Paid:09/15/2011
Inv. M030090055 08/23/2011
Check 120137 Date Paid:09/15/2011
Inv. 110902 09/02/2011
Check 120138 Date Paid:09/15/2011
Inv. 81134254 08/23/2011
Check 120139 Date Paid:09/15/2011
Inv. B1134165 08/17/2011
Check 120140 Date Paid:09/15/2011
Inv. 17196 09/02/2011
Check 120141 Date Paid:09/15/2011
Inv.5442110646 08/16/2011
Check 120142 Date Paid:09/15/2011
Inv. 110311 09/08/2011
Check 120143 Date Paid:09/15/2011
Inv.78123112 08/19/2011
Inv.78124182 08/29/2011
Check 120144 Date Paid:09115/2011
Inv. 110819 08/19/2011
Check 120145 Date Paid:09/15/2011
Inv.282265 08/31/2011
RMR Services LLC
Jul'11 10,347 Meter Readings
Robarge Enterprises Inc
Bass Lk rd/Hemlock Ln rplc rounded nut w/#4
SS Oper nut
Royal Tire Inc
5 Recapped truck tires
Sam's Club
8.6.11 Park&Rec program supplies
SECAP
Ink Tank/Postage machine
SECAP
Mailing long half tapes
Sela Roofing & Remodeling Inc.
3835 Harbor Ln Rehab loan payment
Siemens Industry Inc
Parkers Lake fire alarm repairs
Simmer Brothers Homes Inc
R41684 3.11.11 5515 Polaris LN tree deposit
refund
Skyhawks Sports Academy Inc
8.1/8.5.11 Basketball/Soccer camps
8.15/8.18.11 Baseball/Mini Hawk
Sports Unlimited
8.15/8.19.11 Game On camp
Street Fleet
8.17/8.30.11 auto parts courier
Amount: $54.00
54.00
Amount: $693.00
693.00
Amount: $1,267.59
538.65
577.70
115.17
36.07
Amount: $4,656.15
4,656.15
Amount: $956.53
956.53
Amount: $1,302.58
1,302.58
Amount: $19.96
19.96
Amount: $258.56
258.56
Amount: $73.35
73.35
Amount: $2,140.00
2,140.00
Amount: $821.00
821.00
Amount: $700.00
700.00
Amount: $10,712.25
6,594.75
4,117.50
Amount: $1,281.00
1,281.00
Amount: $70.87
70.87
Page 16
Page Page 14 of 17 9/19/2011
Check 120146 Date Paid:09/15/2011 Streicher's Inc
Inv. 1860924 08/22/2011 FD -Shirt
Inv. 1861146 08/22/2011 3 Navy Pants & Duty Shirt
Inv. 1861391 08/23/2011 PD -Tie Bar
Inv. 1861755 08/24/2011 FD -Navy Shirt
Check 120147 Date Paid:09/15/2011
Inv.1334395 08/25/2011
Inv.1334396 08/25/2011
Inv.1334397 08/25/2011
Check 120148 Date Paid:09/15/2011
Inv. 54501 08/24/2011
Check 120149 Date Paid:09/15/2011
Inv. 081111 08/01/2011
Inv. 081211 08/01/2011
Check 120150 Date Paid:09/15/2011
Inv. 110901A 09/01/2011
Amount: $359.34
49.99
249.96
6.40
52.99
Sun Newspapers Amount: $171.60
Publish Notice Conditional Use Permit Crossfit 85.80
SISU
Inv.26879
Publish Notice Prop Vacation of 10th Ave 34.32
Fricks Garden
Inv. 1610
Publish Notice Utility Easement L2,Blk 1 51.48
Devries 3rd Addition
Inv. 4566
Superior Brookdale Ford Amount: $43.35
Unit 408 Car Sender 43.35
Supreme Building Maintenance
Aug'11 Cheshire Pkwy cleaning services
Aug'11 Station 73 Cleaning services
SW/WC Service Cooperatives
Sep'11 bal owed/BCBS Health Ins
Check 120151 Date Paid:09/15/2011 SwedeBro Inc
Inv. 201156 08/04/2011 FS 1 Floor re -coating
Inv. 201157 08/11/2011 FS 3 Floor re -coating
Check 120152 Date Paid:09/15/2011 Taho Sportswear Inc
Inv. 11TF1648 08/23/2011 1110 Bocce Ball T -Shirts and 2 color
Screenprint
Check 120153 Date Paid:09/15/2011 TDS Metrocom
Inv. 50950000911 09/13/2011 Sep'11 509.5000 Land lines
Check 120154 Date Paid:09/15/2011
Inv.6986900 08/23/2011
Check 120155 Date Paid:09/15/2011
Inv.26879 08/15/2011
Check 120156 Date Paid:09/15/2011
Inv. 1610 09/13/2011
Check 120157 Date Paid:09/15/2011
Inv. 4566 08/31/2011
Check 120158 Date Paid:09/15/2011
Inv.87759 08/19/2011
Check 120159 Date Paid:09/15/2011
Inv.1212188 09/14/2011
Check 120160 Date Paid:09/15/2011
Inv. 002908701 08/09/2011
Check 120161 Date Paid:09/15/2011
Inv. 11215 08/08/2011
Check 120162 Date Paid:09/1512011
Inv.105227 09/06/2011
Terminal Supply Company
T bolts for watermain repair
Three Rivers Park District
7.12/8.12.11 Outreach programs
Top Notch Exteriors Inc
16005 22nd Ave N Rehab Loan payment
Tri -K Services
8.3/8.26.11 50yds Pulv Topsoil
Uniforms Unlimited Inc.
Swiatkiewicz Armor vest
University of Minnesota
Derek Asche MN Water Resources conf
10.18/10.19.11
Valspar Paint
24 5gl Yellow field marking paing
Donna Vander Ham
Reimburse for sprinkler head damage
Viking Trophies
2- 8" Crystal Tulip Lotus Vase with Etching
Amount: $960.81
223.37
737.44
Amount: $839.00
839.00
Amount: $26,938.00
11,842.00
15,096.00
Amount: $27.00
27.00
Amount: $2,677.66
2,677.66
Amount: $4,175.25
4,175.25
Amount: $1,436.00
1,436.00
Amount: $8,000.00
8,000.00
Amount: $641.25
641.25
Amount: $714.15
714.15
Amount: $230.00
230.00
Amount: $1,024.72
1,024.72
Amount: $99.34
99.34
Amount: $198.68
198.68
Page 17
Page Page 15 of 17 9/19/2011
Check 120163 Date Paid:09/15/2011 Village Chevrolet Co.
Inv.227879 08/23/2011 Bolt
Inv.227880 08/24/2011 Bolt
Check 120164 Date Paid:09/15/2011 W D Larson Companies LTD Inc
Inv. F212380043 08/26/2011 2 Spin on Lube and 4 Filters
Check 120165 Date Paid:09/15/2011 The Watson Company
Inv. 803098 08/25/2011 IC Concession food resupply
Check 120166 Date Paid:09/15/2011 Xcel Energy
Inv. 51472281600811 08/26/2011 7.18/8.17.11 2 Water Tower
Inv. 51554915750811 08/26/2011 7.17/8.17.11 6 Lift Stations
Inv. 51618204530911 08/26/2011 6.30/8.17.11 Traffic Signals
Check 120167 Date Paid:09/15/2011
Inv. 110913 09/14/2011
Check 120168 Date Paid:09/15/2011
Inv. 110909 09/09/2011
Check 120169 Date Paid:09115/2011
Inv. 2011-00000231 09/09/2011
Check 120170 Date Paid:09/15/2011
Inv. 2011-00000232 09/09/2011
Check 120171 Date Paid:09/15/2011
Inv. 110924 09/14/2011
Check 120172 Date Paid:09/15/2011
Inv. 2011-00000233 09/09/2011
Check 120173 Date Paid:09/15/2011
Inv. 2011-00000234 09/09/2011
Check 120174 Date Paid:09/15/2011
Inv. 2011-00000235 09/09/2011
Check 120175 Date Paid:09/15/2011
Inv. 2011-00000236 09/09/2011
Check 120176 Date Paid:09/15/2011
Inv. 110913 09/13/2011
Check 120177 Date Paid:09/15/2011
Inv.110924 09/14/2011
Check 120178 Date Paid:09/15/2011
Inv.110924 09/14/2011
Check 120179 Date Paid:09/15/2011
Inv.110924 09/14/2011
Check 120180 Date Paid:09/15/2011
Inv.110924 09/14/2011
Check 120181 Date Paid:09/15/2011
Inv.110924 09/14/2011
Check 120182 Date Paid:09/15/2011
Inv. 2011-00000237 09/09/2011
Check 120183 Date Paid:09/15/2011
Inv.110924 09/14/2011
Page Page 16 of 17
Laurie Ahrens
8.4/9.13.11 126 Mileage Reimb
City of Wayzata
Trailer #6024 change GVWR
Community Health Charities
CHAR CHC - Community Health Charities
Law Enforce Labor Serv./Union
DUES POL - Police Union Dues
Minnesota Brass Inc
9.24.11 POP performance
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
Plymouth Arts Council
Glow sticks for movie w/Mayor
Robbinsdale Armstrong High School
9.24.11 POP performance
Mark Shields
9.24.11 POP performance
Tom's Mechanical Music
9.24.11 POP performance
Twin Cities Metro Pipe Band
9.24.11 POP performance
Twin Cities Unicycle Club
9.24.11 POP performance
United Way
CHAR UW - United Way
Wayzata High School
9.24.11 POP performance
Amount: $7.16
3.58
3.58
Amount: $54.35
54.35
Amount: $557.74
557.74
Amount: $3,015.77
50.74
763.19
2,201.84
Amount: $69.93
69.93
Amount: $10.00
10.00
Amount: $12.00
12.00
Amount: $1,295.91
1,295.91
Amount: $1,150.00
1,150.00
Amount: $2,711.03
2,711.03
Amount: $1,566.64
1,566.64
Amount: $6.00
6.00
Amount: $36.00
36.00
Amount: $189.00
189.00
Amount: $500.00
500.00
Amount: $150.00
150.00
Amount: $300.00
300.00
Amount: $1,000.00
1,000.00
Amount: $400.00
400.00
Amount: $36.00
36.00
Amount: $500.00
500.00
Page 18
9/19/2011
Check 120184 Date Paid:09/15/2011 Bogatzki, Katie Amount: 300.00
Inv. Import - 1219 09/14/2011 Park and Rec Refund 300.00
Check 120185 Date Paid:09/15/2011 Chelsea Mews Homeowners Assoc. Amount: 200.00
Inv. Import - 1221 09/14/2011 Park and Rec Refund 200.00
Check 120186 Date Paid:09/15/2011 Conklin, Mary Amount: 330.00
Inv. Import - 1218 09/14/2011 Park and Rec Refund 330.00
Check 120187 Date Paid:09/15/2011 Ellefson, Elizabeth Amount: 100.00
Inv. Import - 1216 09/14/2011 Park and Rec Refund 100.00
Check 120188 Date Paid:09/15/2011 Larson, Andria Amount: 300.00
Inv. Import - 1220 09/14/2011 Park and Rec Refund 300.00
Check 120189 Date Paid:09/15/2011 Raff, Merit Amount: 66.00
Inv. Import - 1217 09/14/2011 Park and Rec Refund 66.00
Total Payments: 245 Total Amount Paid: $2,092,005.55
Page 19
Page Page 17 of 17 9/19/2011
Date: 9119111
Time: 8:32:55 AM
H.M.S. Windows - Housing Assistance Payments
PAYMENT REGISTER -SUMMARY
Bank Account Description/Account Number
3110681
Page: 0001
QAfimslreportslPAYSUM.QRP
Number Date Method Status Name Of Payee Total
0005274 9/8/11 Computer Ck, Paid Todd Haigh 30.00
0005275 918111 Computer Ck, Paid Plymouth Colony Apartments 614,00
0005276 918111 Computer Ck, Paid Regency Pointe Apartment Homes 698,00
0005277 9116/11 Computer Ck. Paid David Wick 2,411,00
Total For Bank Account $3,753.00
Of Totals
Transactions
Computer Checks 7 $3,753.00
Manual Checks 0 $0.00
Direct Deposits 0 $0.00
Total For Bank: $3,753.00
Total - All Bank Accounts Printed: 3,753,00
Page 20
CITY OF PLYMOUTH
RESOLUTION NO. 2011 -
A RESOLUTION TO APPROVE DISBURSEMENTS ENDING SEPTEMBER 17, 2011
WHEREAS, a list of disbursements for the period ending September 17, 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 27, 2011
564,379.17
1,070,372.95
456,350.93
902.50
2,092,005.55
3,753.00
3,753.00
2,095,758.55
Page 21
rp)city of Agenda 6 . 0 3pIymouthNumber:
adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Craig Lindman, Police Captain
September 27, 2011 Reviewed by: Mike Goldstein, Chief of Police
Authorize a contract between the City of Plymouth and
Item: Check Diversion Program, LLC
1. ACTION REQUESTED:
Adopt the attached resolution authorizing the Mayor and City Manager to enter into a contract with
Check Diversion Program, LLC to provide a Worthless Check Diversion Program.
2. BACKGROUND:
On October 12, 2005, the City Council adopted a resolution to enter into a contract with
Financial Crimes Technology Services (FCTS) to implement a Worthless Check Diversion
Program for the City of Plymouth. This program has been successful in recovering funds for
victims and substantially reducing operating costs for the Police Department and the City
Attorney's office in processing these crimes. Recently, FCTS has changed its name to Check
Diversion Program, LLC to be better identified with the services it provides which necessitates
updating the contract.
The Plymouth City Attorney has reviewed the contract and found no concerning issues.
3. BUDGET IMPACT:
The contract is at no cost to the City.
4. ATTACHMENTS:
Proposed Contract
Resolution
Page 1
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
1. Contractual Agreement:
This Agreement is made and entered into this 15th day of August 2011, by and
between the City of Plymouth ("Jurisdiction" hereafter), State of Minnesota, and
Check Diversion Program, LLC ("CDP Services" hereafter) of 415 Main Street,
Red Wing, Minnesota, 55066.
2. Purpose:
The purpose of this Agreement shall be to implement a Worthless Check
Diversion Program (Minnesota State Statute 628.69 attachment A) for the
Jurisdiction.
This program provides an alternative to criminal prosecution of individuals who
issue worthless check(s) to citizens, merchants and businesses. The program
will assist the Jurisdiction and its law enforcement agency in processing
worthless checks. CDP Services will also assist in the criminal investigation and
prosecution of individuals issuing worthless checks. This program will provide
that the victim is paid full restitution from the offender who has issued the
worthless check along with financial training for the offender (offender defined in
section 4, B). Individuals who have written a worthless check(s) may voluntarily
participate or who have been court ordered to enroll in this Worthless Check
Diversion Program. By enrolling into the Worthless Check Diversion Program
offenders will be diverted (Minnesota State Statute 628.69) from criminal or civil
prosecution, provided they make full restitution, pay all service fees (see section
4, D) and complete required training class. CDP Services will assist the
Jurisdiction Attorney's office or designee and victims of worthless checks in
working with individuals writing these worthless checks to obtain full restitution
for victim(s) that are defined as non -sufficient funds (NSF) checks or account
closed (AC) checks.
3. Contract Terms:
This Agreement shall be in force for a period of three (3) years, from the
beginning date of Agreement signed by the Jurisdiction and shall be
automatically renewed for one year terms.
Page 1 1
Page 2
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
4. Definitions:
A. Victim — the business or person who accepted a worthless check for
goods or services and suffered the financial loss.
B. Offender — the individual or participant who passed the worthless
check(s) and has enrolled in the Worthless Check Diversion Program voluntarily
or has been ordered by the Court to complete the Worthless Check or other
diversion programs.
C. Restitution Recovery — Dollar recovery of face value (or written amount)
of a dishonored check(s), property damage, as well as administrative fees, civil
penalties, bank fees as appropriate and law enforcement costs.
D. Worthless Check Diversion Fees Defined
1) Financial Training Class Fee, 4-6 Hours $140.00
2) NSF Merchant Service Fee (Gifted to CDP Services, as Provided in Section 8, A) $ 30.00
3) Individual Requests a Payment Plan Beyond 30 Days (One-time Account Set-up Fee) $ 25.00
4) Late Payment Fees (Discretion Used and Not Accumulative Over $75.00) $ 25.00
5) Interne/Electronic NSF Return Processing Fee (Returned Restitution Payment as NSF) $ 32.50
6) Creating a monthly payment book or pre -authorized debit payment book (Optional) $ 15.00
7) Credit Card Payment Processing Fee ((Optional) $ 7.50
8) Electronic Check Processing Fee (Optional) $ 7.50
9) Rescheduling of Training Class Fee (Number Times Permitted is Three Times) $ 20.00
10) Home Study CD or online training $ 20.00
11) Mailing fees incurred by CDP services (US Postal Rates)
5. Jurisdiction Requirement:
The Jurisdiction's Attorneys Office (including designated personnel) retains the sole
discretion and authority (as defined in the "Financial Services Regulatory Relief Act of
2006 attachment A) to decide which worthless check(s) submissions shall be placed in the
Worthless Check Diversion Program and which shall be retained for criminal
investigation and/or prosecution.
6. CDP Requirement:
CDP Services agrees to provide the following professional services to the Jurisdiction in
a timely and efficient manner:
A. Perform daily operations and management of all clerical and accounting
functions related to processing worthless check writers (NSF checks and account closed
checks) submitted by the Jurisdiction's Worthless Check Diversion Program.
B. Generate letters to worthless check writers and follow through with respect to
processing payments for restitution. Disbursement recovered restitution funds for the
Page 1 2
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
victim's. Restitution also includes payment of all administrative fees, and the payment of
CDP Services education training class fees. (See Section 4, D)
All offender payments shall be deposited into a designated bank trust account on behalf
of the Jurisdiction Victims. This account and all its funds are to be disbursed as defined
in section 4 item "C" of this agreement.
C. Provide necessary correspondence and follow-up, if needed, by telephone and
responding to inquiries of victims and offenders.
D. Properly maintain all physical files, financial records, documentation, reports,
computer files, etc. for a period of no more than six (6) years.
E. Provide voluntary in person, online, or home study check offender financial
management education classes with meaningful information and lessons for offenders
regarding criminal consequences of property crimes, as well as focus on personal
management of checking accounts and basic budgeting
F. Schedule offender training classes and/or provide home study course.
G. Maintain records of offenders making restitution, payment of fees, attendance
records of offenders completing as well as failing to attend the training session.
H. Maintain records of payment to the victims.
I. Provide reports to the Jurisdiction; annual offender report, completed offender
classes, and related reports as required by the Jurisdiction and law enforcement.
J. Worthless check writers who fail to respond to the Worthless Check Program or
refuse to voluntarily enroll into the program or to complete the training program as
voluntarily agreed upon or by court ordered and/or who fails to make full restitution are
considered to be non-compliant individuals. These individual listings will also be made
available to the Jurisdiction and its designees for follow-up and for further review and
appropriate action.
K. CDP Services on behalf of the Jurisdiction will provide reports as required by MN
Statue 628.69 Subd 7.
L. CDP to provide letters for Jurisdiction approval and sign off (Attachment B.)
7. Victim recovery:
A. Face value of the worthless check(s) submitted and related victim expenses
bank fees and any mailing cost) identified at the time the worthless check is submitted
to CDP Services and when recovery of restitution is made from the individual
responsible for the worthless check.
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
8. Check Diversion Program governed by (attachment A):
A. Minnesota Statutes, section 604.113.
B. Minnesota Statute 609.535
C. Minnesota Statute 628.69
D. Financial Services Regulatory Relief Act of 2006
9. Jurisdiction has no financial liability:
It is understood and agreed by and between the parties that CDP Services will bear all
financial liability for all aspects of its operations under this Agreement.
10. Termination of this agreement:
A. This Agreement may be terminated at any time, without cause, by either party
upon 30 days written notice to the authorized agent of the Jurisdiction or CDP Services.
B. This Agreement may be immediately terminated by the Jurisdiction at any time if
the Jurisdiction determines that CDP Services, (see section 18 of this Agreement) is
acting, or has acted at any time during the term of this Agreement, in direct and clear
violation of state or federal law.
11. Amendments or Material Modification:
All amendments or modifications to this Agreement must be in writing and approved by
both parties. Email may be an acceptable means of communication.
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Att: City Manager Laurie Ahrens
Check Diversion Program, LLC
415 Main Street
Red Wing, MN 55066
Att: Scott Adkisson
12. Jurisdiction Has No Obligation to Victims:
CDP Services and victims who participate in this program fully understand that the
Worthless Check Diversion Program is providing a public service and the Jurisdiction is
held harmless and has no liability to make recovery of any check(s) or obligated to take
criminal action against offender(s).
Page 14
Page 5
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
13. Criminal Action:
The Jurisdiction's Attorney's office may choose to prosecute offender(s) at its sole
discretion. In the case where the offender fails to participate or complete Agreements
with CDP Services and victim(s) the Jurisdiction shall determine appropriate action to
take with the worthless check writer, including criminal prosecution or other action
determined by the Jurisdiction's Attorney's.
14. Hold Harmless and Indemnification:
CDP Services and its subcontractors shall save and protect, hold harmless, indemnify
and defend the Jurisdiction and its Attorney's Office including their officers and
employees against any and all claims, causes of action, suits, liabilities, losses, charges,
damages or costs and expenses arising from or allegedly arising from, or resulting
directly or indirectly from any professional errors and omissions and/or negligent or
willful acts or omissions of CDP Services and its employees and agents, in the
performance of this Agreement.
15. CDP SERVICES as Independent Contractor:
A. Nothing contained in this Agreement is intended to or shall be construed in any
manner as creating or establishing the relationship of employer/employee between the
parties. CDP Services shall at all times remain as independent contractor with respect
to the services to be provided under this Agreement.
B. The Jurisdiction shall be exempt from payment of all unemployment insurance,
FICA, retirement, life and medical insurance and workers' compensation insurance for
any and all of CDP Services employees and agents. Payment of insurance premiums,
tax withholding, and all other benefits are strictly CDP Services responsibility.
16. Subcontractor:
CDP Services shall retain the right to subcontract any portion of the work to be
performed under this Agreement. CDP Services may specifically assign processing of
checks or payment processing operations (credit, check, debit electronic check, remote
deposit, wire transfers, check representment processors, invoicing or billing processors)
to increase efficiencies. In addition CDP Services may assigned this complete
Agreement to a new company, provided the Jurisdiction Attorney agrees to the
assignment. CDP Services shall be the sole responsible party for any and all expenses
relating to an assignment of this Agreement
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
17. Data Practice:
CDP Services agrees to comply with the Minnesota Government Data Practices Act and
all other applicable state and federal laws relating to data privacy or confidentially.
CDP Services will immediately report to the department head signing this agreement any
request from third parties for information relating to this agreement. The Jurisdiction
agrees to promptly respond to inquiries from CDP Services concerning data request.
CDP Services agrees to hold the Jurisdiction, its officers, department head and
employees harmless from any claims resulting from the CDP Services unlawful
disclosure or use of data protected under state and federal laws.
18. Compliance with the Law:
CDP Services agrees to abide by the requirements and regulations of The American
with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat.
C.363). Civil Rights Ordinance (Ch. 139), and Title VII of the Civil Rights Act of 1964.
These laws deal with discrimination based on race, gender, disabilities, religion, and with
sexual harassment, the Jurisdiction agrees to promptly supply all necessary
clarifications. Violation of any of the above can lead to the termination of this
Agreement.
19. Entire Agreement:
This entire Agreement supersedes any and all other Agreements, either oral or written,
between the parties hereto with respect to the subject matter hereof, and contains all of
the Agreements between the parties with respect to said matter. Each party to this
Agreement acknowledges that no representations, inducements, promises, or
Agreements, oral or otherwise, have been made by either party which is not embodied
herein, and that no other Agreements, statements, or promises not contained within this
Agreement shall be valid or binding. All provision contained within this Agreement shall
be valid or binding. The laws of Minnesota and the United States of America shall
govern all provisions within this Agreement.
20. Audits and Inspections:
The Jurisdiction's Attorney's office or designated representative or other governmental
agency exercising regulatory function over the business activities, while exercising
reasonable, non -disruptive procedures, may inspect CDP Services records at anytime.
21. Insurance:
CDP Services and/or its subcontractors agree to provide and maintain, at its own cost
and at all times during its performance under this contract until completion of the work,
such liability insurance coverage as is set forth below, and to otherwise comply with the
provision that follow:
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CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
A. Workers Compensation: Workers Compensation insurance in compliance with all
applicable statutes.
B. Auto Insurance (Owned and un -owned auto)
C. General Liability: "Commercial General Liability Insurance" (Insurance Service
Office policy form title), or equivalent policy form, providing coverage on an "occurrence",
rather than on a claims made basis, the policy for which shall include, but not limited to,
coverage for bodily injury, property damage, personal injury, contractual liability (applying
to this contract), Independent Contractors, and Products -Completed Operations Liability.
Coverage for explosions, collapse and underground Hazards shall not be included.
Such a policy shall name the Jurisdiction as additional insured hereunder, and shall
apply on a primary basis with respect to any similar insurance maintained by the
Jurisdiction, which other insurance of the Jurisdiction, if any, shall apply excess of CDP
Services insurance and not contributed therewith.CDP Services
Such Commercial General Liability insurance policy shall provide a combined single limit
in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability
for bodily injury and property damage, and a combined single limit of at least the same
amount applying to liability for Personal injury and Advertising injury. Such minimum
limits may be satisfied by the limit afforded under Firm's Commercial General Liability
Insurance Policy, or by such Policy in combination with limits afforded by a Umbrella or
Excess Liability Policy (or policies); provided, that the coverage afforded under any such
Umbrella or Excess Policy is at least in all material respects as broad as that afforded by
the underlying Commercial Liability Policy, and further that the Jurisdiction is included as
an additional Insured thereunder.
Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or
policies) may provide aggregate limits for some or all of the coverage afforded
thereunder, so long as such aggregated limits are not at any time during which such
coverage is required to be maintained hereunder reduced to less than the required Each
Occurrence limited stated above, and further, that the Umbrella or Excess Liability
provides from the point that such aggregate limits in the underlying Commercial General
Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy
which "drops down" to respond immediately over reduced underlying limits, or in place of
exhausted underlying limits, but subject to a deductible or "retention" amount, shall be
acceptable in this regard so long as such deductible or retention amount does not cause
the firm total deductibles or retention for Each Occurrence to exceed $10,000.
D. Professional Liability: Professional or ("Errors & Omissions")
Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or "Wrongful
Act" or equivalent) and if applicable, Aggregate, covering CDP Services Liability for
Page 1 7
Page 8
CHECK DIVERSION PROGRAM, LLC
WORTHLESS CHECK DIVERSION AGREEMENT
negligent acts, errors, or omissions in the performance of professional services in
connection with this Agreement. CDP Services Professional Liability Insurance may
afford coverage on an occurrence basis or on a claims basis. It is however,
acknowledged and agreed by the CDP Services that under claims -made coverage
changes in insurers or in insurance policy forms could result in the impairment of the
liability insurance protection intended for the Jurisdiction hereunder. CDP Services
therefore agrees that it will not seek or voluntarily accept any such change in its
Professional Liability Insurance coverage if such impairment of the protection for the
Jurisdiction could result: and further, that it will exercise its right under any Extended
Reporting Period" ("tail coverage") or similar claims -made policy option if necessary or
appropriate to avoiding impairment of such protection.
22. CDP Services further agrees that it will, throughout the entire period of three (3)
years:
1. Advise the Jurisdiction on any intended or pending change in Professional
Liability insurance or in policy forms, and provide the Jurisdiction with all pertinent
information that the Jurisdiction may reasonably request to determine compliance with
this paragraph.
2. Advise the Jurisdiction of any claims or threat of claims that might reasonably be
expected to reduce the amount of such insurance remains available for the protection of
the Jurisdiction.
THEREFORE: IN WITNESS OF, the parties have executed the Agreement as of the data first
written above
Check Diversion Program, LLC, (CDP Services) City of Plymouth
Scott Adkisson, President)
Attachment- A Laws
By
Mayor)
By
City Manager)
Page 1 8
Page 9
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
RESOLUTION APPROVING A CONTRACT WITH
CHECK DIVERSION PROGRAM, LLC TO PROVIDE A
WORTHLESS CHECK DIVERSION PROGRAM
WHEREAS, the Plymouth Police Department has requested that the City Council approve a contract
with Check Diversion Program, LLC (the "Contract") in order to provide a worthless check diversion program;
and
WHEREAS, the City Attorney and Police Department staff have reviewed the Contract; and
WHEREAS, the Contract conforms to the provisions of state and federal law regulating persons engaged
in operating diversion programs and debt collection; and
WHEREAS, the check diversion program is a benefit to residents who meet the program requirements,
and also to local merchants who receive assistance collecting worthless checks; and
WHEREAS, the Contract is at no cost to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH
AS FOLLOWS hereby approves the contract with the Check Diversion Program.
ADOPTED by the City Council on the 27th day of September, 2011.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
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 27, 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 10
City of
Plymouth
Adding Qkelity to Life
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.04Number:
To: Laurie Ahrens, City Manager
Prepared by: Jodi Bursheim, Finance Manager
Reviewed by: Cal Portner, Director of Administrative Services
Item: Set Public Hearing for Delinquent Accounts
1. ACTION REQUESTED:
Adopt the attached resolution to set the public hearing for October 11, 2011, for the city's
delinquent accounts.
2. BACKGROUND:
The city code states that all delinquent accounts shall be certified annually to the city
manager who shall prepare assessment rolls providing for an assessment of the delinquent
amounts against the respective properties serviced.
The city is granted authority under Minnesota Statutes 444.075 and 429.061 to hold a public
hearing to assess delinquent utility and nuisance accounts. The governing body may make
the charges an assessment against the owner and may certify unpaid charges to the county
auditor against the property served for collection along with other taxes.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION TO SET PUBLIC HEARING FOR DELINQUENT ACCOUNTS
WHEREAS, pursuant to the provision of Minnesota Statutes Sections 444.075,
429.01 and 443.015; and
WHEREAS, pursuant to Plymouth City Code Sections 715.03, 720.16, 720.13,
and 600.25; and
WHEREAS, a determination has been made that certain service charges for
delinquent water, sewer, recycling, street lighting, diseased trees, weed eradication, and
false fire alarm calls have not been paid as provided by law.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that a public hearing shall be
held at 7:00 p.m., on the 11th day of October 2011, in the City Council Chambers of
Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota to give property
owners an opportunity to be heard with reference to the proposed assessment of which
they received notification by mail.
FURTHER BE IT RESOLVED that the Finance Manager, shall calculate the proper
amount to be assessed as provided by law, and the City Clerk shall file a copy of such
proposed assessment in the office of the City Clerk for public inspection.
Approved this 27th day of September, 2011.
Page 2
City of Agenda 6 . O 5PlymouthNumber: rp)v
Addin3 Quality to Life
To: Laurie Ahrens, City Manager
REGULAR Prepared by: Sandy Engdahl, City Clerk
COUNCIL MEETING Reviewed by: Cal Portner, Administrative Services Director
September 27, 2011 Approve Temporary Liquor License for West
Item: Lutheran High School for an Event on
October 15, 2011
1. ACTION REQUESTED:
Adopt attached Resolution Approving Temporary Liquor License for West Lutheran High
School for their annual dinner and auction on October 15, 2011.
2. BACKGROUND:
The City has received an application for a Temporary Liquor License from West Lutheran High
School for their "Oktoberfest" dinner and auction on October 15. The event will be held from
5:00 p.m. to 10:00 p.m.
The required certificate of liquor liability insurance has been provided. The Police Department
has reviewed the application and has found no reason to deny the license.
3. BUDGET IMPACT:
The Temporary Liquor License is issued by Minnesota Liquor Control, but the City must
approve the application by resolution. There is no City fee for this license.
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2011-
A RESOLUTION APPROVING
TEMPORARY LIQUOR LICENSE FOR
WEST LUTHERAN HIGH SCHOOL
WHEREAS, West Lutheran High School has applied for a Temporary Liquor License for an
annual event to be held on October 15 from 5:00 p.m. to 10:00 p.m. at West Lutheran High School;
and
WHEREAS, the required certificate of liquor liability insurance has been provided,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA that the Temporary Liquor License application of West
Lutheran High School is hereby approved for an event to be held on October 15 at West Lutheran
High School.
Approved this 27th day of September, 2011.
Page 2
rp)City of
Plymouth
Adding Q.hty toLife
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.06Number:
To: Laurie Ahrens, City Manager
Prepared by: Sandy Engdahl, City Clerk
Reviewed by: Cal Portner, Administrative Services Director
Approve Renewal Application of Wayzata Youth Hockey
Item: Association for Lawful Gambling at Broadway Pizza, 13705
27th Avenue North
1. ACTION REQUESTED:
Adopt the attached resolution approving renewal application of the Wayzata Youth Hockey
Association for lawful gambling at Broadway Bar and Pizza, 13705 27th Avenue North.
2. BACKGROUND:
The Wayzata Youth Hockey Association has submitted a renewal application to continue their
lawful gambling operation at Broadway Bar and Pizza. Their initial license was approved in 2009.
The Police Department completed their investigation of this application and noted that there haven't
been any gambling issues associated with this activity.
3. BUDGET IMPACT:
The applicant has paid the $250 investigation fee.
4. ATTACHMENTS:
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
APPROVING RENEWAL OF LAWFUL GAMBLING APPLICATION OF
WAYZATA YOUTH HOCKEY ASSOCIATION FOR
BROADWAY PIZZA
WHEREAS, the City has received a renewal application from the Wayzata Youth Hockey
Association to conduct lawful gambling at Broadway Pizza, 13705 27th Avenue North; and
WHEREAS, an investigation of the applicant by the Plymouth Police Department resulted in no
recommendation for denial ofthe license; and
WHEREAS, the applicant and establishment have met the criteria that have been established per
Sections 1105 and 1211 of the Plymouth City Code,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA that it hereby approves the renewal application of the Wayzata
Youth Hockey Association to conduct lawful gambling at Broadway Pizza, 13705 27th Avenue North.
Approved this 27th day of September, 2011.
Page 2
rp)City of Agenda 6 . 0 7PlymouthNumber:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Joe Paumen, Reconstruction Program Manager
September 27, 2011 Reviewed by: Doran Cote, P.E. Director of Public Works
Declare Costs and Set Assessment Hearing
Item: Sun Court Mill and Overlay Project
City Project No. 11006
1. ACTION REQUESTED:
Adopt the attached two resolutions declaring costs to be assessed, ordering preparation of
proposed assessment rolls and setting the assessment public hearing for October 25, 2011, for
the Sun Court Mill and Overlay Project, City Project No. 11006.
2. BACKGROUND:
On April 26, 2011, the City Council awarded the contract for the Sun Court Mill and Overlay
Project, which includes Terraceview Lane, south of 18th Avenue N, and the adjacent cul-de-sacs
from 15th Place N to 17th Place N., to Rum River Contracting.
The mill and overlay project removed and replaced the top 2 inches of pavement, replaced damaged
concrete curb and sidewalk, included installation of pedestrian ramps (as needed), and included
repairs to utility structures.
In addition, the project also included the installation of three catch basins to facilitate better
drainage, and drain tile stubs at some existing catch basins to accommodate future drain tile hook
ups. Installation of I&I barriers was also included for each sanitary sewer manhole in an effort to
reduce inflow and infiltration.
Construction has been completed on this project, with final cleanup and punch list items remaining
to be completed by the contractor.
3. BUDGET IMPACT:
This project was petitioned for by the homeowners in the Sun Court Development, and was
added to the 2011-2015 Capital Improvement Program (CIP) when the contract was awarded, at
an estimated total cost of $364,368.04. The total project cost, following project completion is
370,786.35. The project will be funded through the Sewer Fund ($2,070.00), assessments
181,375.92) and the Street Reconstruction Fund ($187,340.43).
4. ATTACHMENTS:
Project Location Map
Resolutions (2)
Page 1
O
oa
0
CO
o
CL
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ti I V MijvlN
V-1 9 fl9SN:DIA
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL
SUN COURT MILL AND OVERLAY PROJECT
CITY PROJECT N0. 11006
WHEREAS, a contract has been let for the improvement of the Sun Court Mill and Overlay
Project area including Terraceview Lane, south of 18th Avenue N, and the adjacent cul-de-sacs from 15th
Place N to 17th Place N., for bituminous resurfacing of streets, replacement of concrete curb and gutter,
and all necessary appurtenances, and the contract price for such improvement is $322,422.91, and the
expenses incurred or to be incurred in the making of said improvement amount is $48,363.44, so that the
total cost of the improvement will be $370,786.35.
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 $187,340.43 and the portion of the cost to be assessed against benefited
property owners is declared to be $181,375.92.
2. Assessments shall be payable in equal annual installments extending over a period of 5
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, per annum from
the date ofthe 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 27th day of September, 2011.
Page 3
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
SUN COURT MILL AND OVERLAY PROJECT
CITY PROJECT N0. 11006
WHEREAS, by a resolution passed by the City Council on September 27, 2011, the City Clerk
was directed to prepare a proposed assessment of the cost of improving Sun Court Mill and Overlay
Project including Terraceview Lane, south of 18th Avenue N, and the adjacent cul-de-sacs from 15th
Place N to 17th Place N., for bituminous resurfacing of streets, replacement of concrete curb and gutter,
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 25th 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 27t" day of September, 2011.
Page 4
City of
Plymouth
Adding Qkelity to Life
REGULAR
COUNCIL MEETING
To:
Prepared by:
September 27, 2011 Reviewed by:
Item:
1. ACTION REQUESTED:
Agenda 6.08Number:
Laurie Ahrens, City Manager
Jim Barnes, Housing Programs Manager
Steve Juetten, Community Development Director
Hazelden Foundation — Call for a Public Hearing for City to
act as Host City for the issuance of bonds
Adopt the attached resolution calling for a public hearing to authorize the sale of tax exempt
Health Care Facilities bonds by the City of Center City in the amount not to exceed $22,000,000
on behalf of The Hazelden Foundation. The anticipated date for the public hearing is October
11, 2011.
2. BACKGROUND:
Hazelden Foundation is a 501 (c) 3 organization operating health care facilities throughout
Minnesota, New York, Illinois, Oregon and Florida. Hazelden Foundation was founded in 1949
and provides services to help individuals and families struggling with alcohol abuse, substance
abuse, and drug addiction. Their facilities help people at all stages of the treatment and recovery
process, supporting them with their 12 Step -based model that is the modern standard for
addiction treatment and recovery services.
Hazelden is requesting the bonds to provide the funds needed to renovate their existing facility in
Plymouth which is located at 11505 36th Avenue North (see location map). They are proposing to
renovate and add an additional 50,000 sq/ft to the facility in order to better serve their clients.
3. BUDGET IMPACT:
These bonds are being issued by the City of Center City and Plymouth is only approving the
issuance of the bonds as a "Host City" because the facility is located in Plymouth. There is no
budget impact to Plymouth.
The applicant is responsible for all fees and costs associated with the bond issuance.
4. ATTACHMENTS:
Location Map
Resolution
Page 1
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Location Map - 2011065 Legend
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HGA, Inc. ® CC, City Center
Hazelden Center for Youth & Families ®Co. Curnmurcial Office
IP, Planned Industrial
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Page 2
CERTIFICATION OF MINUTES
Municipality: The City of Plymouth, Minnesota
Governing Body: City Council
Meeting: A meeting of the City Council ofThe City of Plymouth was held
on the 27t day of September, 2011, at 7:00 p.m. at Plymouth City
Center, 3400 Plymouth Boulevard, Plymouth, Minnesota.
Members present:
Members absent:
Documents: Resolution No. 1 I-_ - Calling for a Public Hearing on a Proposal
for Financing a Health Care Facilities Project Pursuant to
Minnesota Statutes, Sections 469.152-1651, and Authorizing the
Publication of a Notice of the Hearing (Hazelden Foundation
Project)
Certification:
I, Sandy Engdahl, City Clerk of the City of Plymouth, Minnesota, do hereby certify the
following:
Attached hereto is a true and correct copy of a resolution on file and ofrecord in the
offices of the City of Plymouth, Minnesota, which resolution was adopted by the Plymouth City
Council at the meeting referred to above. Said meeting was a regular meeting of the Plymouth
City Council, was open to the public, and was held at the time at which meetings of the City
Council are regularly held. Member moved the adoption of the attached
resolution. The motion for adoption of the attached resolution was seconded by Member
A vote being taken on the motion, the following voted in favor of the resolution:
and the following voted against the resolution:
Whereupon said resolution was declared duly passed and adopted. The attached
resolution is in full force and effect, and no action has been taken by the City Council of the City
ofPlymouth, Minnesota which would in any way alter or amend the attached resolution.
Witness my hand officially as the City Clerk of the City of Plymouth, Minnesota this
day of September, 2011.
By
Its City Clerk
4223207v1 Page 3
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
RESOLUTION CALLING FOR A PUBLIC HEARING
ON A PROPOSAL FOR FINANCING FOR A HEALTH CARE FACILITIES
PROJECT PURSUANT TO MINNESOTA STATUTES, SECTIONS 469.152-1651,
AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING
HAZELDEN FOUNDATION PROJECT
a) WHEREAS, Minnesota Statutes, Sections 469.152-1651 relating to municipal
industrial development (the "Act") confers upon cities the power to issue revenue bonds and
other obligations for the purpose of encouragement and development of economically sound
industry and commerce to prevent so far as possible the emergence of blighted and marginal
lands and areas of chronic unemployment outside their municipal boundaries under Minnesota
Statutes, 471.656, subdivision 2(2), with the consent of the city in which a project is located; and
b) WHEREAS, the City Council of the City of Plymouth, Minnesota (the "City"),
has received from the Hazelden Foundation, a Minnesota nonprofit corporation (the 'Borrower"),
a proposal that the City of Center City, Minnesota issue tax exempt revenue bonds or other
obligations (the 'Bonds") pursuant to the Act, to finance certain health care facilities which will
be located in the City; and
c) WHEREAS, because the health care facilities to be financed by the Bonds are
located in the City, before proceeding with consideration of the request of the Borrower, it is
necessary for the City to hold a public hearing on the proposal pursuant to Section 147(f) of the
Internal Revenue Code of 1986, as amended;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City as follows:
1. A public hearing on the proposal of the Borrower will be held at the time and
place set forth in the Notice of Public Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount of
Bonds to be issued to finance the proposal are described in the attached form of Notice of Public
Hearing.
3. Drafts of documents related to the Bonds are on file in the office of the City
Clerk.
4. The City staff is hereby authorized and directed to cause notice of the hearing to
be given one publication in the official newspaper of the City and also in a newspaper of general
circulation available in the City, not less than 14 days nor more than 30 days prior to the date
fixed for the hearing, substantially in the form of the attached Notice of Public Hearing.
4223207v1 Page 4
NOTICE OF PUBLIC HEARING ON A PROPOSAL
FOR ISSUANCE OF FINANCING OF HEALTH CARE FACILITIES
HAZELDEN FOUNDATION PROJECT)
Notice is hereby given that a public hearing shall be conducted by the City Council of the
City of Plymouth, Minnesota (the "City") on Tuesday, October 11, 2011, at 7:00 p.m. at the City
Hall at 3400 Plymouth Boulevard, Plymouth, MN 55447 to consider the proposal of the
Hazelden Foundation, a Minnesota nonprofit corporation ("Borrower") that the City consent to
the financing by the City of Center City, Minnesota (the "Issuer") of the construction and
equipping of one approximately 50,000 sq. ft. addition to the Borrower's existing adolescent
substance abuse treatment facility located at 11505 36th Avenue North in the City including 32
new beds and expansion or creation of other treatment facilities (the "Project"). The Project will
be financed in part through the issuance by the Issuer of approximately $22,000,000 of tax
exempt revenue bonds or other obligations (the "Bonds") pursuant to Minnesota Statutes Section
469.152-1651, as amended. The Project will be owned by the Borrower.
The Bonds, if and when issued, will not constitute a charge, lien or encumbrance upon
any property of the City or the Issuer, and such Bonds will not be a charge against the City's or
the Issuer's general credit or taxing powers, but will be payable from sums to be paid by the
Borrower, pursuant to a revenue agreement.
A draft copy of the proposal and associated materials is available for public inspection
during regular business hours at the City offices.
At the time and place fixed for the public hearing, the City will give all persons who
appear at the hearing an opportunity to express their views with respect to the proposal. In
addition, interested persons may file written comments respecting the proposal with the City
Clerk at or prior to the public hearing.
By /s/ Sandy Engdahl
City Clerk
4223207v1 Page 5
rp) City of
Plymouth
Adding Qaafity to Life
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.09Number:
To: Laurie Ahrens, City Manager
Prepared by: James Renneberg, P.E., Assistant City Engineer
Reviewed by: Doran Cote, P.E., Director of Public Works
Accept Streets and Utilities for Continual Maintenance
Item: Elm Creek Highlands (2009046)
1. ACTION REQUESTED:
Adopt the attached resolution accepting streets and utilities for the 1st Addition in the
Elm Creek Highlands development (2009046).
2. BACKGROUND:
A request has been received to accept the streets and utilities, which reflects
completed work in the development. The City has made inspections of the work and
has determined that it is acceptable. The funds the City would retain are for the
required warranty period for the streets and utilities.
3. BUDGET IMPACT:
N/A.
4. ATTACHMENTS:
Location Map
Resolution
Page 1
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION ACCEPTING STREETS AND UTILITIES FOR CONTINUAL MAINTENANCE
FOR ELM CREEK HIGHLANDS (2009046)
WHEREAS, in accordance with the development contract dated October 13, 2009, Pulte
Homes of Minnesota, LLC, developer of Elm Creek Highlands (2009046), has agreed to install
certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site grading
as noted below; and
WHEREAS, the developer has requested a reduction of the required financial guarantee
to reflect the completed work; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are
reduced as follows:
ITEM
Street Construction
Sanitary Sewer
Watermain
Storm Sewer System
Boulevard and Drainage Swale
Sod/Seed
Pond Construction
Street & Traffic Control Signs
Sidewalk Improvements
Trail Improvements
Landscaping
Street Lighting
Site Grading and Drainage
Improvements
Setting Iron Monuments
SUB -TOTAL
Design, Administration, Inspection,
As-Builts (12%)
Total:
ORIGINAL CURRENT NEW
AMOUNT AMOUNT AMOUNT
93,411 46,000 23,353
161,431 40,358 40,358
50,433 12,608 12,608
39,920 9,980 9,980
33,250 0- 0-
48,000 10,000 10,000
5,500 0- 0-
9,960 2,500 2,500
23,725 6,000 5,931
42,000 10,500 0-
15,000 0- 0-
136,100 27,000 0-
5,000 5,000 0-
663,730 169,946 104,730
79,648 20,993 12,567
743,378 190,939 117,297
Page 3
That the required financial guarantee and Letter of Credit No. F854150 for the above items be
reduced from $190,939 to $117,297.
FURTHER BE IT RESOLVED that the financial guarantee requirements for the
following items per Section 8.1 of the approved Development Contract remain as follows:
ITEM
Maintenance of Erosion and Sediment
Control Plan, Street Sweeping, and
Storm
Sewer Cleaning
Wetland Mitigation
Tree Preservation
ORIGINAL CURRENT
AMOUNT AMOUNT
Cash: $ 1,000
LOC F854149: $ 12,350
LOC F854148 $ 35,000
LOC F854147 $ 10,075
1,000
12,350
35,000
FURTHER BE IT RESOLVED that the utilities are accepted for continuous maintenance
as of September 27, 2011, subject to the two-year guarantee by the Developer per Letter of
Credit No. F854150.
FURTHER BE IT RESOLVED that the streets are accepted for continuous maintenance
as of September 27, 2011, subject to the one-year guarantee by the Developer per Letter of Credit
No. F854150.
Approved this 27th day of September, 2011.
Page 4
rp)City of
Plymouth
Addrf7q Quality to Ofe
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.10Number:
To: Laurie Ahrens, City Manager
Prepared by: James Renneberg, P.E., Assistant City Engineer
Reviewed by: Doran Cote, P.E., Director of Public Works
Accept Utilities for Continual Maintenance for
Item: Utility Installation Agreement (2010096)
1. ACTION REQUESTED:
Adopt the attached resolution accepting utilities and authorizing reimbursement for
trunk utilities for the County Road 47 and Dunkirk Lane Utility Installation
Agreement (2010096).
2. BACKGROUND:
Staff has received a request to accept the utilities, which reflects completed work in
the development. The City has made inspections of the work and has determined that
it is acceptable. The funds the City would retain are for the required warranty period
for the utilities.
3. BUDGET IMPACT:
N/A
4. ATTACHMENTS:
Location Map
Resolution
Page 1
Utility Installation Project
2010096
Loca
M4,
IT)
a --,.
X11
11
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION ACCEPTING UTILITIES FOR CONTINUAL MAINTENANCE
FOR UTILITY INSTALLATION AGREEMENT (2010096)
WHEREAS, in accordance with the development contract dated June 22nd, 2011, GWS
Land Development of Plymouth, LLC, developer of Utility Installation Agreement (2010096),
has agreed to install certain improvements for said development; and
WHEREAS, the developer has completed a portion of the street, utility and site grading
as noted below; and
WHEREAS, the developer has requested a reduction of the required financial guarantee
to reflect the completed work.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are
reduced as follows:
ITEM
Sanitary Sewer
Watermain
Wetland Restoration
Design, Administration, Inspection, As-
Builts
ORIGINAL NEW
AMOUNT AMOUNT
52,246 13,061
37,590 9,397
3,000 3,000
11,140 2,500
TOTAL 103,976 $27,958
That the required financial guarantee and Letter of Credit No. 117 for the above items be reduced
from $103,976 to $27,958.
FURTHER BE IT RESOLVED that the financial guarantee requirements for the
following items per Section 8.1 of the approved Development Contract remain as follows:
ORIGINAL CURRENT
ITEM AMOUNT AMOUNT
Maintenance of Erosion and Sediment
Control Plan
Cash: $ 1,000 $ 1,000
Page 3
FURTHER BE IT RESOLVED that the utilities are accepted for continuous maintenance
as of September 27, 2011, subject to the two-year guarantee by the Developer per Letter of
Credit No. 117.
Approved this 27th day of September, 2011.
Page 4
rp) City of
Plymouth
Adding Qoofity to Life
To: Laurie Ahrens, City Manager
Agenda 6.11Number:
REGULAR Prepared by: Doran Cote, Director of Public Works
COUNCIL MEETING
Reviewed by:
September 27, 2011 Establishing 25 mph school speed zones on Old Rockford
Item: Road (Kimberly Lane Elementary), Peony Lane (Wayzata
High School) and Schmidt Lake Road (Providence Academy).
1. ACTION REQUESTED:
Adopt a resolution establishing 25 mph school speed zones on Old Rockford Road (Kimberly Lane
Elementary), Peony Lane (Wayzata High School) and Schmidt Lake Road (Providence Academy).
2. BACKGROUND:
In 1998 the City Council adopted a resolution establishing school speed zones at all public schools.
The intent was to establish a uniform speed limit at all schools, however, State Statute did not
allow for 25 mph zones at Kimberly Lane Elementary and Wayzata High School. The statute only
allowed a reduction of 20 mph from the posted speed limit which was 50 mph on the roads
adjacent to those schools. Since 1998, the statute has changed to permit a deviation of up to 30
mph from the posted speed and the speed limits on Peony Lane and Old Rockford Road have since
been reduced to 40 mph and 45 mph respectively. It would appropriate to establish 25 mph school
speed zones now for both roadways for consistency citywide.
Schmidt Lake Road near Providence Academy was constructed in 1998 and Providence Academy
was constructed in 1999 and 2000. Although records could not be found establishing a school
speed zone on Schmidt Lake Road, documentation from 2004 indicates that a posted 25 mph
school speed zone was in place at that time. It would be appropriate to establish a 25 mph school
speed zone now for Schmidt Lake Road for consistency citywide.
3. BUDGET IMPACT:
The cost of changing the signs to reflect the 25 mph school speed zones on Peony Lane and Old
Rockford Road would be minimal and the old signs would be recycled and reused. Providence
Academy has approved the purchase of new school speed zone signs with LED flashers and the
City will participate in one-half of the costs (approximately $2,500) and will provide installation.
4. ATTACHMENTS:
Location Maps
1998 Staff Report and Resolution
Resolution
Page 1
School Sneed Zone
Wayzata High School
Location Map — Peony Lane
Page 2
ykF R School Sneed Zone
5 8 4
o E
Kimberly -
Lane
lementar
3
n* Y
V 0
40T AV
Location Map — Old Rockford Road
Page 3
Agenda Number:
DATE: September 28, 1998 for the City Council Meeting of October 7, 1998
TO: Dwight D. Johnson, City Manager
FROM: Fred G. Moore, Director of Public Works
SUBJECT: PUBLIC SCHOOLS
ESTABLISHING SCHOOL SPEED ZONES
ACTION REQUESTED: Make a motion to adopt the attached resolution which establishes a
school speed zone on city streets adjacent to public schools and requests the County to establish
them on County roads. All speed zones are "When Children Are Present."
BACKGROUND: On July 8, 1998 the City Council established a subcommittee to review
pedestrian crossing issues at schools and other locations throughout the city. The committee
consisted of Councilmembers Bildsoe, Johnson and Black, Mayor Tierney and City staff. On
September 17' the Mayor/Council Committee members met with Dwight Johnson, City
Manager; Craig Gerdes, Public Safety Director; and Fred Moore, Public Works Director to
review several areas throughout the City.
The subcommittee is recommending that school speed zones be established on city streets
adjacent to the public schools. There are 14 public schools within the city. The City has
previously established school speed zones at four of these schools. Three of the schools are on
County roads and therefore since the road is under the jurisdiction of the County, they are the
road authority which must establish the school speed zone. Attached is a copy of the
Minnesota Statute which allows the City to establish school speed zones on city streets. The
school speed zone cannot be more than 20 m.p.h. less than the posted speed limit or lower than
15 m.p.h. School speed zones are in effect "When Children Are Present." Attached is a copy
of the section of the State Statute and a portion of the traffic manual which shows the
appropriate signage which must be installed for the school speed zone.
The school speed zones which would be established would be 25 m.p.h. with three exceptions.
The 25 m.p.h. is consistent with previously established school zones. The exceptions are for
Kimberly Lane and Greenwood Elementary Schools. The posted speed limit on the road
adjacent to the school is 50 m.p.h. and therefore the lowest school speed limit is 30 m.p.h.
Also, it is recommended that the school speed limit on Peony Lane adjacent to the Wayzata
High School be 35 m.p.h. because of its location within the city.
P:Npw%Fnginearing%GEN ERALIMEMO5IFRED1981Est-seh-zn-Kim-El-mem.do
Page 4
SUBJECT: PLYMOUTA PUBLIC SCHOOLS
ESTABLISHING SCHOOL SPEED ZONES
Page 2
The following is a table indicating the school, the existing speed limit, and the proposed school
speed limit. Attached is a map indicating the location of the 14 public schools:
Map
No. Name
Existing Speed Proposed School
Limit Seed Limit
1 Pilgrim Lane Elementary 25 (School) No Change
2 Zachary Lane Elementary 40 25
3 Plymouth Middle School 30 25
4 Armstron High School 30 25
5 Birchview Elementary 30 25
6 Kimberly Lane Elementary 50 30
7 Plymouth Creek Elementary 25 (School) No Chan e
S Sunset Hill Elementary 25 (School/Sunset Trail) No Change
30 (Teakwood Lane) 25
25 (Rid emount Ave.) No Change
9 Wayzata East Middle School 25 No Change
10 Wayzata Central Middle School 35 25
11 Wayzata High School 45 35
12 Gleason Lake Elementary 45 25
13 Oakwood Elementary 45 (Co. Rd. 6) 25
40 (Co. Rd. 101) 25
14 Greenwood Elementary 50 30
This is a road under County jurisdiction; it requires approval of Hennepin County
RECOMMENDATIONS AND CONCLUSIONS: It is recommended to have school speed
zones on city streets adjacent to public schools. Also it is recommended that the City request
Hennepin County to establish them on County roads adjacent to public schools. All school
speed zones are "When Children Are Present."
Fred G. Moore, P.E.
Director of Public Works
attachments: Map
Resolution
Minnesota Statute 169.14, subd. 5a
Signage
P:1pwlEnginceringlrjPNERALSMEMOSSFRED%981Est-sch-zn-Kim-Elace oc`
Is] welw-1 N i•
CITY OF PLYMOUTH
RESOLUTION NO. 98-599
ESTABLISHING SCHOOL SPEED ZONES
ADJACENT TO PUBLIC SCHOOLS
WHEREAS, the City Council established a subcommittee to review pedestrian crossings at
schools within the City; and
WHEREAS, it is the recommendation of the subcommittee that a school speed zone be
established in accordance with Minnesota Statutes 169.14, subd. 5a.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That a school speed zone is established as follows:
Location/School
School Speed
Zones
Zachary Lane/Zachary Lane Elementary 25 m.p.h.
36`' Avenue/Plymouth Middle School 25 m. .h.
36' Avenue/Armstrong High School 25 m. .h.
Ranchview Lane/Birchview Elementary 25 m. .h.
Old Rockford Road/Kimberly Lane Elementary 30 m. .h.
Teakwood Lane/Sunset Hill Elementary 25 m. .h.
Vicksburg Lane/Wa zata Central Middle School 25 m. .h.
Peony Lane/Wayzata High School 35 m. .h.
Note: Said speed limit shall be in effect "When Children Are Present".
FURTHER, that Hennepin County be requested to establish a school speed zone as follows:
Location/School
School Speed
Zones
Co. Rd. 101./Gleason Lake Elementary 25 m. .h.
Co. Rd. 101./Oakwood Elementary 25 m. .h.
Co. Rd. 6/Oakwood Elementary 25 m. .h.
Co. Rd. 101/Greenwood Elementary 30 m. .h.
Note: Said speed limit shall be in effect "When Children Are Present".
Adopted by the City Council on October 7, 1998.
NAREFERENaCauneillConnril_resoin6amlResolmions_ I99KRes98-599. doe
Page 7
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
ESTABLISHING 25 MPH SCHOOL SPEED ZONES ON
OLD ROCKFORD ROAD (KIMBERLY LANE ELEMENTARY)
PEONY LANE (WAYZATA HIGH SCHOOL) AND
SCHMIDT LAKE ROAD (PROVIDENCE ACADEMY)
WHEREAS, in 1998 the City Council established school speed zones at all public
schools; and
WHEREAS, school speed zones can be established in accordance with Minnesota
Statutes 169.14, subd. 5a; and
WHEREAS, Minnesota Statutes 169.14, subd. 5a has since been revised to allow a
further reduction from the posted speeds; and
WHEREAS, times and conditions have changed on Peony Lane and Old Rockford Road
from when the school speed zones were established in 1998; and
WHEREAS, a 25 mph school speed zone has been in place in Schmidt Lake Road since
at least 2004.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA: That a school speed zones are established as
follows:
1. Old Rockford Road (Kimberly Lane Elementary) — 25 mph
2. Peony Lane (Wayzata High School) — 25 mph
3. Schmidt Lake Road (Providence Academy) — 25 mph
Adopted by the City Council on September 27, 2011.
Page 8
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 27, 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 9
rp) c;ty of
Plymouth
Adding Quality to Life
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.12Number:
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 Variance to allow outside storage within
Item: a portion of a front yard area, for property located
at 13405 15th Avenue (2011063)
1. ACTION REQUESTED:
Adopt the attached resolution approving a variance for Ultimate Events for property located
at 13405 15th Avenue, as recommended by the Planning Commission.
Approval of a variance requires a 4/7 vote of the City Council.
2. BACKGROUND:
On September 21, 2011, the Planning Commission voted unanimously to recommend
approval of the requested variance on their consent agenda. A copy of the Planning
Commission meeting minutes and report is attached. Notice of the Planning Commission's
public meeting was mailed to all property owners within 200 feet of the site.
3. BUDGET IMPACT:
Not applicable.
4. ATTACHMENTS:
Planning Commission Minutes
Planning Commission Staff Report with Attachments
Resolution Approving Variance
Page 1
Draft Minutes
City of Plymouth
Planning Commission Meeting
September 21, 2011
MEMBERS PRESENT: Chair James Davis, Commissioners Gordon Petrash,
Dick Kobussen, Scott Nelson and Bryan Oakley
MEMBERS ABSENT: Commissioner Nathan Robinson
STAFF PRESENT: Planning Manager Thomson, Senior Planner ShaA Drill, Senior Planner
Marie Darling, Senior Planner Doty and Office Support Representativ,96anice Bergstrom
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Petrash, s nded by Commissioner Nelson, to approve the
September 21; 2011 Planni/
equested
Agenda. Vote. 6 Ayes. MOTION approved.
5. CONSENT AGEN
Chair Davis said someone speak on Item 5.1) Skyline Design, and this item will
be moved to Item 7A.2.
Commissioner Ands . on said an e-mail had been received regarding Item 5.C. Loucks
Associates, and re tested it be discussed. Chair Davis said Item 5.C. would be moved to
Item 7A.1.
A. AP OVAL OF THE SEPTEMBER 7, 2011 PLANNING COMMISSION
ETING MINUTES
ON by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
fiber 7, 2011 Planning Commission Meeting Minutes. Vote. 6 Ayes. MOTION
B. ULTIMATE EVENTS (2011063)
MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the
request by Ultimate Events for a variance to allow outside storage within a portion of a front
yard area at 13405 15th Avenue N. Vote. 6 Ayes. MOTION approved.
Page 2
Agenda Number
File 2011063
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 21, 2011
APPLICANT: Ultimate Events
PROPOSAL: Variance to allow outside storage within a portion of a front yard area
LOCATION: 13405 15th Avenue
GUIDING: IP (planned industrial)
ZONING: I-2 (general industrial)
REVIEW DEADLINE: December 31, 2011
DESCRIPTION OF REQUEST:
The applicant is requesting approval of a variance to allow outside storage within a portion of the
front yard area located between the building and 15th Avenue, in the east portion of the site.
Notice of the public meeting was mailed to all property owners within 200 feet of the site. A
copy of the notification area map is attached.
CONTEXT:
Surrounding Land Use and Zoning
Page 3
Ad'acent Land Uses•_ Guidin Zonin
North, South, IP I-2
East &West Industrial planned industrial) general industrial)
Page 3
File 2011063
Page 2
Natural Characteristics of Site
The site is located in the Bassett Creek drainage district. The site does not contain any wetlands,
and is not located within a floodplain or shoreland overlay district.
Previous Actions Affecting Site
The building was constructed in 1979. In 2002, the City Council approved a 12,000 square foot
addition for Guyer's Express, bringing the total building size to 107,234 square feet.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a variance is limited to whether or not the proposal
meets the standards for a variance. The city has a relatively high level of discretion with a
variance because the burden of proof is on the applicant to show that they meet the standards for
a variance.
ANALYSIS OF REQUEST:
The ordinance specifies that out storage is allowed in rear and side yard areas. The applicant
is requesting approval of a variance to allow outside storage within a portion of the front yard
area. (The proposed outside storage would be located partially in a front yard and partially in a
side yard.) A front yard is defined as the area between a building and an abutting public street.
Corner lots, such as the subject lot, have two front yards. In this case, the subject site has .one
front yard lying between Xenium Lane and the westerly facade of the building (as extended to
the south lot line), and another front yard between 15th Avenue and the northerly facade of the
building (as extended to the east lot line). Due to the triangular shape of the parcel and
placement of the existing building, this site has very little area that could be used for outside
storage without a variance.
Xenium Lane (County Road 61) is classified as an arterial roadway. The applicant proposes to
place the outside storage yard on the opposite side of the site, away from Xenium Lane. The
outside storage yard would be located in the eastern portion of the site along 15th Avenue. This
segment of 15th Avenue is a local street that serves two industrial businesses to the east of this
site and terminates in a dead end. This segment of 15th Avenue does not connect to the
residential area to the southeast — which is located beyond the two industrial businesses.
The ordinance requires that outside storage areas be screened from abutting properties and
rights-of-way. The applicant proposes to enclose the outside storage area with a 6 -foot high
chain link fence that incorporates slats to achieve the required screening. Access to the outside
storage area would be provided via two gates — one from the existing parking lot and one from a
new curb cut on 15th Avenue. The two gates would be screened using the same slat material as
the remainder of the fence. In addition, the applicant proposes to install berming and 12 new
black hills spruce trees to help screen the outside storage area from 15th Avenue. The proposed
screening plan complies with city requirements.
Page 4
File 2011063
Page 3
The outside storage area would result in roughly 0.4 acres of new pavement on the 7.3 -acre site.
The applicant would address stormwater run-off by constructing an infiltration basin that
complies with city requirements. The infiltration basin would be located in the narrow strip of
land lying south of the outside storage area and building, and north of the railroad property. The
attached resolution requires a maintenance agreement for the infiltration basin.
A portion of the area that is now proposed for outside storage was used as outside storage and
fenced by the previous building owner. However, the previous building owner never obtained
the appropriate approvals to allow outside storage or to construct the fence.
In review of the request, staff finds that all of the applicable variance standards would be met, as
follows:
1) The requested variance would be in harmony with the general purposes and intent of
the ordinance, and would be consistent with the city's comprehensive plan.
2) The applicant has demonstrated that there are practical difficulties in meeting the strict
letter of the regulations, because:
a. the applicant proposes to use the property in a reasonable manner;
b. the request is due to unusual lot shape that was not created by the applicant; and
c. the variance would not alter the existing industrial character of the area.
3) The requested variance is not based exclusively upon economic considerations.
4) The variance would not impair an adequate supply of light and air to adjacent
properties, nor would it increase traffic congestion or the danger of fire, endanger the
public safety, or substantially diminish property values within the area.
5) The variance requested is the minimum action required to address the practical
difficulties.
In addition to the requested variance, the applicant has also requested separate approval of 1) an
administrative plan modification to allow the physical site changes, and 2) an administrative
permit to allow outside storage to occur on the site. Staff would administratively approve those
items if the City Council approves the requested variance.
RECOMMENDATION:
Community Development Department staff recommends approval of the requested variance at
13405 15th Avenue, subject to the findings and conditions listed in the attached resolution.
Page 5
File 2011063
Page 4
ATTACHMENTS:
1. Draft Resolution Approving Variance
2. Location Map
3. Aerial Photo
4. Notification Area Map
5. Applicant's Narrative
6. Site Graphics
P:/CommDev/Staf&ep/PC/2011/2011063-Ultimate-Events-VAR-PC
Page 6
Location Map - 2011063 Legend
C, Comercial
Ultimate Events ® CC, City Center
13405 15th Avenue ®CO, Commercial Office
IP, Planned Industrial
Request for Variance LA -1, Living Area 1
LA -2, Living Area 2
LA -3, Living Area 3
LA -4, Living Area 4
LA -R1
LA -R2
City Of ® LA -R3
Plymouth, Minnesota LA -RT
P -I, Public/Semi-Public/Institutional
500 250 0 500 1,000 1,500
Feet
Page 7
Page 9
Ultimat
Events
exceeding expectations
7-14-11
RE: Planning and Zoning Application Form Page 2
6. Brief Description of Request
011 a6,
We would like to request to have the ability of outside storage on the paved sur-
face east of the loading docks. We will store the majority of our inventory inside
the building with the following exceptions, (2) Towable Mobile Stage Units, (5)
Towable Bleacher units, (4) Equipment Trailers, (3) Semi Trailers, Assorted con-
crete weights & other items as needed. At this time we also request to be able to
rework the area east of the paved surface (see attached site plan), keeping the
green space and other setbacks intact along 15th Avenue North for additional
storage. Our intent would be to fence and pave the surface up to the allowable
setbacks to the rail spur.
8933 Lyndale Ave. S. Bloomington, MN 55420 952-346-0102 952-346-0109 (Fax) www.ue-mn.com
Page 10
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Page 11
CITY OF PLYMOUTH
RESOLUTION N0. 2011-
A RESOLUTION APPROVING A VARIANCE FOR ULTIMATE EVENTS
FOR PROPERTY LOCATED AT 13405 15 TH AVENUE (2011063)
WHEREAS, Ultimate Events has requested approval of a variance to allow outside
storage within a portion of a front yard for the industrial property located at 13405 15th Avenue;
and
WHEREAS, the subject property is legally described as follows:
Parcel 1:
Lot 3, except the West 43.5 feet thereof, and Lot 4, Block C, Plymouth Orchards,
according to the plat thereof on file and of record in the office of the County Recorder, in
and for Hennepin County, MN.
Abstract Property)
Parcel 2:
Lots 1 and 2, Block C, "Plymouth Orchards, Hennepin Co., Minn."
Torrens Property, Certificate of Title No. 1326741)
Parcel 3:
That part of the Southwest Quarter of the Southeast Quarter of Section 21, Township 118
North, range 22 West of the Fifth Principal Meridian, bounded and described as follows:
Beginning at a point on the East line, or the Southerly extension thereof, of Xenium Lane,
distant 43 feet Northwesterly, measured at right angles, from the center line of the main
track of the Electric Short Line Railroad Company (now the Minneapolis Industrial
Railway Company), as said main track center line was originally located and established
across said Section 27; thence Northeasterly parallel with said original main track center
line, said parallel line being also the Southeasterly line of Block "C" of Plymouth
Orchards, a distance of 1,200 feet, more or less, to a point on the Southerly line of 15th
Avenue (formerly Watertown Road); thence Southeasterly at right angles to the last
described course a distance of 18 feet, more or less, to a point distant 25 feet
Northwesterly, measured at right angles, from the center line of the main track of the
Minneapolis Industrial Railway Company, as said main track is now located; thence
Southwesterly parallel with said last described main track center line a distance of 1,215
feet, more or less, to a point on the Southerly extension of the East line of said Xenium
Lane; thence Northerly along said East line, extended, of Xenium Lane, a distance of 20
feet, more or less, to the point of beginning, according to the United States Government
Survey thereof and situate in Hennepin County, Minnesota.
Abstract Property)
Page 12
Resolution 2011-
2011063)
Page 2
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
request by Ultimate Events for a variance to allow outside storage within a portion of a front
yard, subject to the following:
1. The requested variance is hereby approved, in accordance with the plan received by the City
on September 2, 2011, except as may be amended by this resolution.
2. The requested variance is approved, based on the finding that all applicable variance
standards have been met.
3. Prior to commencement of the project, the applicant shall fulfill the requirements, submit
the required information, and revise the plans as indicated below, consistent with the
applicable city code, zoning ordinance, and engineering guidelines:
a. Submit Bassett Creek Watershed form, fee, and plan to the city.
b. Indicate on the site plan that the project would not have more than 0.5 acres of disturbed
area.
c. Indicate saw cutting of the existing curb and gutter that is to be removed.
d. Use C900 DR 25 PVC watermain for the new hydrant lead.
e. Indicate what type of material is being used for the storm sewer pipe.
A maintenance agreement is required for the proposed infiltration basin.
g. Include a detail for the nyloplastic inline drain and rain guardian pre-treatment structure.
h. Provide a typical cross-section for the infiltration basin.
i. Provide the current version of the applicable city standard details on the site plan.
j. A separate grading permit is required.
k. a site improvement performance agreement and financial guarantee shall be provided,
pursuant to section 21045.10 of the zoning ordinance.
4. The variance shall expire one year after the date of approval, unless the property owner or
applicant has substantially started construction of the project, or unless the landowner or
applicant has received prior approval from the City to extend the expiration date for up to
one additional year, as regulated under Section 21030.06 of the Zoning Ordinance.
ADOPTED by the City Council on September 27, 2011.
Page 13
Resolution 2011-
2011063)
Page 3
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 27, 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 14
rp)City of
Plymouth
Adding Quality to Life
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.13Number:
To: Laurie Ahrens, City Manager
Prepared by: Marie Darling, Senior Planner
Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten,
Community Development Director
Item: Approve a Site plan amendment for a building
expansion and related site improvements for Turck,
Inc. located at 5000 Fernbrook Lane North (2011064)
1. ACTION REQUESTED:
Adopt the attached resolution approving a site plan amendment for a 49,152 -square foot
building expansion and related site improvements for Loucks Associates on behalf of Turck,
Inc. located at 5000 Fernbrook Lane North, as recommended by the Planning Commission.
Approval requires a 4/7 vote of the City Council.
2. BACKGROUND:
On May 18, 2011, the Planning Commission voted unanimously to recommend approval of
the proposal. The applicant was present in support of the request. No one from the public
requested to speak regarding the proposal, but one letter was received. The Planning
Commission removed the item from the consent agenda to address the issues raised, as noted
below. Notice of the Planning Commission's public meeting was mailed to all property
owners within 200 feet of the site. A copy of the notification area map is attached.
Traffic Concerns
The author noted concerns that the expansion would add traffic on Fernbrook Lane and would
impact the intersection of Fernbrook Lane and Schmidt Lane Road. She also stated that
employees leaving Turck at shift changes routinely ignore the stop signs at the driveways
entering Fernbrook Lane.
Staff responded that Fernbrook Lane is the lowest volume segment of the intersection and
traffic could triple without impacting the functionality of the intersection. Staff also requested
that the patrol division monitor driver behavior at shift changes. The applicant stated that they
would likely add about 25 employees to the site and will notify their employees of the concern
about running stop signs.
Page 1
2011064
Page 2
Construction Concerns
The author was concerned about the noise and road mess construction may cause. Staff
responded that the hours of construction are limited by ordinance and that streets are required
to be cleaned a minimum of once per week, unless needed more frequently.
3. BUDGET IMPACT:
Not applicable.
4. ATTACHMENTS:
Planning Commission Minutes
Correspondence Received
Planning Commission Report with Attachments
Resolution Approving Site Plan Amendment
P:\CommDev\STAFFREP\CC\2011\2011064 ccTurck SPA.docz
Page 2
Draft
Planning Commission Minutes
September 21, 2011
Page 9
7.A.2. LOUCKS ASSOCIATES (2011064)
Chair Davis introduced the request by Loucks Associates for a site plan amendment to expand
the building and related site improvements at 5000 Fernbrook Lane N.
Senior Planner Darling gave an overview of the staff report. Senior Planner Darling said a letter
was received from a property owner to the west. She addressed the concerns and said there are
limitations on the hours of construction and streets are cleaned a minimum of once a week or
more based on the condition of the roadway. Senior Planner Darling said another comment was
at shift changes employees ignore stop signs or have rolling stops at Fernbrook Lane. She said
that concern has been forwarded to the traffic division to monitor that activity as necessary.
Senior Planner Darling said she discussed with Public Works Director Cote whether additional
traffic justifies the need for a traffic signal at the intersection. Public Works Director Cote said a
study and warrants would have to be met to justify installation of a signal. He noted that the
intersection on the north side of Schmidt Lake Road is the lowest generator of traffic at that
intersection, and he said traffic could be tripled on the north approach without impacting the
intersection.
Commissioner Petrash asked where the residents access.
Senior Planner Darling said the residents can access on to Fernbrook Lane or access directly on
Schmidt Lake Road to travel west.
Commissioner Anderson said this request adds a third driveway but it does not align directly
across to 51" Avenue. He said usually driveways and streets are aligned across from each other.
Commissioner Anderson asked what were the thoughts related to that driveway and traffic
issues.
Senior Planner Darling said the application was reviewed by various staff and there were no
specific comments concerning the alignment of this driveway with the street. She added that
both are low traffic generators in this area and potential for conflict is very low.
Commissioner Kobussen said there would be 79 additional parking spots and asked if there will
be that many more cars in the area.
Senior Planner Darling explained they are adding 79 more parking spaces to compensate for
losing a small parking lot on the north side of the property which was rarely filled, and to
accommodate additional employees.
Commissioner Kobussen asked how many employees will be added at Turck.
Chau Davis introduced Chris Kafer, Director of Operations at Turck. Mr. Kafer said Turck will
add 25-30 employees will be added over the next three years.
Page 3
Draft
Planning Commission Minutes
September 21, 2011
Page 10
Commissioner Nelson said a variance was granted for impervious surface coverage when this
building was originally built in 1446, and asked if impervious surface coverage is an issue with
this addition.
Senior Planner Darling stated the variance is not a concern because when Turck was originally
constructed the shoreland regulations stated that the entire parcel had to be considered within the
district if any part was in the district and consequently the entire property was held to that 25%
coverage rule, and therefore needed the variance. Senior Planner Darling said the ordinance has
since been modified, and now the portion that is within the shoreland district is the only area of
the property that is subject to the 25% maximum coverage limitation. She said no impervious
coverage is proposed within the shoreland overlay district.
MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to approve the
request by Loucks Associates for a site plan amendment for a building expansion and related site
improvements at Turck, Inc. at 5000 Fernbrook Lane N.
Chair Davis said he thinks this is a good idea, and is glad to see this business expanding and
adding employees, and it is a nice looking building.
Commissioner Kobussen said he is also glad to see the business expand, and said he does not
think 25 cars a day is going to make a major difference on that intersection. He added the
volume of traffic is on Schmidt Lake Road.
Commissioner Petrash said he can understand how the behavior of some people, such as loitering
and not stopping for stop signs, can bother some people, and said he hopes the city focuses on
enforcing the existing laws and requirements.
Chair Davis said he has worked in a manufacturing plant, and at the end of the day people fly out
and it is a race to the exits. He noted this is a small street but it is important to adhere to safety
regulations.
Planning Manager Thomson reiterated that Senior Planner Darling has contacted the patrol
division regarding this matter.
Vote. 6 Ayes. MOTION approved.
Page 4
Marie Darling
From; Marie Darling
Sent: Wednesday, September 21, 2011 8:27 AM
To: 'mnkielQq.com'
Subject: RB: Turck Building Addition - 5000 Fernbrook Lane
Thank you for your comments. I will make sure the Planning Commission receives a copy of your concerns. 1 will also
forward your comments regarding running traffic signs to our patrol division.
Regarding the concern about dirty streets during construction, the property owner will be required to sweep the streets
a minimum of once per week and as needed through the construction process. if you find the streets are being left with
significant mud please call Derek Asche, water resources manager during construction at 763-509-5526 and he will send
an inspector out to inspect.
Marie Darling, AICP j Senior Planner
City of Plymouth
mdarting@ptymouthmn.gov
3400 Plymouth Boulevard
Plymouth, MN 55147
Phone: 763-509-5457 - Fax: 763-509-5407
www.pLymouthmn.gov
From; mnkielCa?u.com [mailto:mnkiel ftcom]
Sent. Wednesday, September 21, 2011 7:48 AM
To: Marie Darling
Subject; Turck Building Addition - 5000 Fernbrook Lane
Hi Marie,
I want to voice some concerns I have regarding the building addition at Turck. They include:
the added traffic on the one block section of Fernbrook Lane that runs behind my home
the addition of a 3rd drive so even more cars can run the parking lot stop signs when exiting at
shift change
the increased traffic flow at the 4 way stop at Fernbrook Lane and Schmidt Lake load
the noise and road mess during construction
Thank you for the opportunity to share my concerns. Please feel free to contact me should you require
any additional Information,
Regards,
Nancy Kiel
5020 Harbor Lane North
Page 5
Agenda Number
File 2011064 5 +C .
PLYMOUTH COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
STAFF REPORT
TO: Plymouth Planning Commission
FROM: Marie Darling, Senior Planner (509-5457) through Barbara Thomson
Planning Manager
MEETING DATE: September 21, 2011
APPLICANT: Loucks Associates
PROPOSAL: Site plan amendment to expand the building and related site improvements
LOCATION: 5000 Fernbrook Lane North
GUIDING: IP (Planned Industrial)
ZONING: I-1 (Light Industrial)
REVIEW
DEADLINE: December 17, 2011
DESCRIPTION OF REQUEST:
The applicant, on behalf of Turck, Inc. is requesting a site plan amendment to allow a roughly
49,152 square foot building expansion, new driveway access onto Fernbrook Lane at the existing
cul-de-sac and additional parking on the north and west sides of the building. The addition
would allow the expansion of manufacturing area for sensors, field bus, interface and
connectivity products.
Notice of this public meeting was mailed to all property owners within 200 feet. The notification
area map is attached.
Page 6
2011064
Page 2
CONTEXT:
Surrounding Land Uses
Natural Characteristics of Site
The subject property is located within the Shingle Creek drainage district. A portion of the
property lies within the 100 -year floodplain for Bass Creek and its shoreland management
overlay district. There is a small portion of a medium quality wetland located in the northeast
coiner of the site. The application is not subject to tree preservation.
Previous Actions Affecting Site
In 1996, the City Council approved a lot division, site plan and variance to impervious surface
coverage to allow the construction of an approximately 77,300 -square foot building for Turck,
Inc.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a site plan amendment is limited to whether or not
the proposal complies with the comprehensive plan and zoning ordinance requirements. If it
meets these standards, the city must then approve the site plan amendment.
ANALYSIS:
The applicant is requesting a site plan amendment to allow: 1) a 49,152 square foot building
expansion; 2) 79 additional parking spaces; 3) a driveway off Fembrook Lane primarily for truck
access to the loading area; 4) one additional loading dock; 5) an underground infiltration system;
and 6) related lighting and landscaping improvements. The existing freestanding gazebo and the
gardening shed on the north side of the property would be removed from the site.
The zoning ordinance contains specific standards for approval of a site plan. Staff has reviewed
the application with these standards and summarized them as follows:
Page 7
2011064
Page 3
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und
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f' YSt3s F,s7 i' Requiredq`d within 300 ft of 1'shown
applicable fixtures
M1 y Max 1 150-350 Yes
3 ,fitt, i
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B.. g 08 045 Yes
Condition included in the attached resolution
Storm Water Runoff
The city requires that storm drainage systems be designed so that the post -development rate of
runoff from a site does not exceed the pre -development rate of runoff. Additionally, the city
requires treatment of storm water runoff before it enters the drainage system. To accommodate
post -development runoff, the applicant is proposing to install an underground
infiltration/containment system in the loading area. With the conditions in the attached
resolution, the proposed drainage plan complies with city regulations.
Screening ofLoadingArea and Parking
The applicant is proposing one additional loading dock for a total of five docks. The addition is
designed so that the building would screen the loading docks from the residential properties to
the west. The applicant has also proposed to maintain the existing berm along Fernbrook Lane
to screen the parking areas and has proposed 17 pine/spruce and nine maple/lindens between
Fernbrook Lane and the parking area to provide further screening. The screening proposed
complies with zoning ordinance, regulations.
Page 8
2011064
Page 4
Building Design
The applicant has proposed precast concrete panels with exposed aggregate on the addition in the
same color as the existing building. The color and materials are consistent with zoning
ordinance requirements.
WATH .m
In order to reduce congestion on regional arterials, the applicant has submitted a plan indicating
that they will: 1) provide information to their employees on bike routes, mass transit, car pooling,
van pooling and incentives to encourage alternative transportation; 2) identify five preferential
parking spots for carpools and vanpools; 3) review the feasibility of providing showers in the
expanded facility; and 4) consider offering flextime schedules or telecommuting where practical.
Staff included a condition in the attached resolution that requires the applicant to identify which
spaces are reserved for car and van pool commuters.
RECOMMENDATION:
Community development department staff recommends approval of the site plan amendment for
Loucks Associates, on behalf of Turck, Inc. located at 5000 Fernbrook Lane North, subject to the
conditions listed in the attached resolution.
ATTACHMENTS:
1. Draft Resolution Approving Site Plan Amendment
2. Applicant's Narrative
3. Location Map
4. Aerial Photo
5. Notification Area Map
6. Site Graphics
PACommDvASTAFFRFPIP0201 €126€ IMM Wayzata Fast Middle School Parking SPA.doex & Sia
Page 9
August 4, 2011
Re: TURCK Site Plan Amendment for a 49,152 foot building expansion
Dear Ms. Darling:
On behalf of the applicant, TURCK, Inc, we are submitting for Site Plan Amendment to allow a
49,152 square foot building addition. The addition will be used for expansion of the
manufacturing of sensors, Field buses, interfaces and other connectivity products that TURCK
produces.
Attached are ten (10) assembled, full sized sets of plans including a survey with legal description,
site plan, engineering plans, utility plans, and landscape plans.
The addition will be located to the north with loading docks positioned behind the building.
There is existing landscaping and a berm within the 50 foot setback between the parking area and
the street. Additional landscaping is also incorporated around the west, north and east side of the
building and parking lot expansion. An underground Storrr€tech infiltration system is also
proposed in this area to treat stormwater from the building and parking expansion. The building
fagade is proposed to be consistent and tie into the existing structure in terms of color, texture and
window treatment. TURCK is currently in the process of selecting an architect for the project.
We believe this proposed expansion will be a great addition to the City and will allow Turck to
retain a viable business locally in Plymouth. If you have any questions or need additional
information, give me (763-496-6735) or Mike St. Martin (763-496-6713) a call.
Sincerely,
LOUCKS ASSOCIATES
Jared D. Andrews, . a d , AICP
Senior Planner
3-I
SCP - ° 2a I i
CrrY OF PLYMOUTH
plarmi€ c civil engineering land surveying landscape avchitecturt, , Envircnn3Qnta€
Page 10
C}p Horn, ock Lane
Ms. Marie Darling Suite 300
City of Plymouth Nla{pie Grove, NN 55369
3400 Plymouth Rd, Iti3.4<4.35)'inu+tr
Plymouth, MN 55447-1482
762.474.5227. lox
ou c ltsa4 ;GCT iir 5,C:5? s
Re: TURCK Site Plan Amendment for a 49,152 foot building expansion
Dear Ms. Darling:
On behalf of the applicant, TURCK, Inc, we are submitting for Site Plan Amendment to allow a
49,152 square foot building addition. The addition will be used for expansion of the
manufacturing of sensors, Field buses, interfaces and other connectivity products that TURCK
produces.
Attached are ten (10) assembled, full sized sets of plans including a survey with legal description,
site plan, engineering plans, utility plans, and landscape plans.
The addition will be located to the north with loading docks positioned behind the building.
There is existing landscaping and a berm within the 50 foot setback between the parking area and
the street. Additional landscaping is also incorporated around the west, north and east side of the
building and parking lot expansion. An underground Storrr€tech infiltration system is also
proposed in this area to treat stormwater from the building and parking expansion. The building
fagade is proposed to be consistent and tie into the existing structure in terms of color, texture and
window treatment. TURCK is currently in the process of selecting an architect for the project.
We believe this proposed expansion will be a great addition to the City and will allow Turck to
retain a viable business locally in Plymouth. If you have any questions or need additional
information, give me (763-496-6735) or Mike St. Martin (763-496-6713) a call.
Sincerely,
LOUCKS ASSOCIATES
Jared D. Andrews, . a d , AICP
Senior Planner
3-I
SCP - ° 2a I i
CrrY OF PLYMOUTH
plarmi€ c civil engineering land surveying landscape avchitecturt, , Envircnn3Qnta€
Page 10
Location Map - 2011064
Loucks Associates
Turck Expansion
Site Plan Amendment
City of
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150 75 0 150 300 450
Feel
SCHMIDT LAKE RD
Legend
C, Comercial
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FF -11 CO, Commercial Office
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LA -R1
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0 LA -RT
PA Public/Semi-Public/Institutional
Page 11
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Location Map - 2011064
Loucks Associates
Turck Expansion
Site Plan Amendment
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Feel
SCHMIDT LAKE RD
Legend
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0 LA -3, Living Area 3
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LA -R1
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V 72 LA -R3
0 LA -RT
PA Public/Semi-Public/Institutional
Page 11
rp)city of
Aerial Photograph - 2017064
Plymouth, Minnesota
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Feet
Page 12
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Page 18
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION TO APPROVE A SITE PLAN AMENDMENT FOR LOUCKS ASSOCIATES, TO
CONSTRUCT A 49,152 SQUARE FOOT BUILDING ADDITION AND RELATED SITE
IMPROVEMENTS FOR TURCK, INC. LOCATE AT 5000 FERNBROOK LANE (201 1064)
WHEREAS, Loucks Associates, has requested approval of a site plan amendment to construct a
49,152 -square foot building addition and related site improvements for property legally
described as:
That part of Lot 1, Block 1 Plymouth Technology Park, Hennepin County, Minnesota,
according to the recorded plat thereof, which lies westerly and northerly and westerly of
the following described line:
Commencing at the southeast corner of said Lot 1; thence south 89 degrees 58 minutes 47
seconds west, along the southerly line of said Lot 1 a distance of 471.11 feet to the actual
point of beginning of line to be described; thence north 00 degrees 01 minutes 13 seconds
west for a distance of 638.07 feet; thence north 89 degrees 58 minutes 47 seconds east a
distance of 245.00 feet; thence north 00 degrees 01 minutes 13 seconds west a distance of
330.50 feet to the northerly line of said Lot 1 and there terminating.
WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing
and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Loucks
Associates, for a site plan amendment to allow a 49,152 -square foot building addition and related
site improvements, subject to the following conditions:
1. A site plan amendment is approved to allow a 49,152 -square foot building addition, a 79 -stall
parking expansion and related site improvements, in accordance with the plans received by
the city on August 4 and 18, 2011 and revised plans received on September 7 and 8, 2011,
except as may be amended by this resolution.
2. A separate building permit is required prior to commencement of the proiect.
3. Prior to issuance of a building permit, the applicant shall fulfill the requirements, submit
the required information, and revise the plans as indicated below, consistent with the
applicable city code, zoning ordinance, and engineering guidelines:
a. Complete a site improvement performance agreement and submit a financial guarantee
pursuant to section 21045.10 of the zoning ordinance.
Page 19
Resolution 2011 -
File No. 2011064
Page 2
b. Amend the transportation demand management (TDM) plan to remove references to the
494 Commuter Services agency.
c. Revise the site plan to: 1) identify where the five preferential car/vanpool spaces would
be located and 2) identify fire lane signs in approved locations.
d. Revise the landscaping plan to: 1) show a minimum of one additional deciduous tree
specie to the plan so that no one tree specie represents more than 25 percent of the total
trees added to the site and 2) reconcile the difference between the number of trees shown
on the plan and in the schedule.
e. Revise the lighting plan to add house side shields to all new fixtures within 300 feet of
residential property.
Submit an NPDES permit.
g. Revise the utility plan to: 1) indicate the location of the existing valves on the water main
that parallels Fernbrook Lane; 2) identify all existing and proposed hydrants and relocate
the hydrants to approved locations; and 3) identify the location of the post indicator valve
and fire department connections.
h. Submit and execute a maintenance agreement for the underground stormwater
containment system.
Submit revised storm water calculations that indicate compliance with the water
resources plan.
4. Within 30 days of issuance of a certificate of occupancy, the property owner shall remove the
temporary overhead door proposed on the north side of the building.
5. Silt fence shall be installed prior to any construction on the site.
6. The property owner shall extinguish or reduce lighting by at least 50 percent beginning at the
later of midnight or close of business and continuing until dawn or start of business,
whichever is sooner. Whenever possible, the lighting system should be turned off entirely.
7. The materials and color of the proposed building addition shall match the materials and color
of the existing building.
8. All exterior ground equipment shall be screened as required in section 21130.05.
9. Standard Conditions:
a. The applicant shall remove any diseased or hazardous trees.
b. Prior to release of any financial guarantees, the applicant shall submit as -built record
plans of all on-site utilities and install wetland buffer monuments.
c. Any new signage shall comply with the section 21155 of the zoning ordinance.
d. Any subsequent phases or expansions are subject to required reviews and approvals per
ordinance provisions.
e. The site plan 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
Page 20
Resolution 2011 -
File No. 2011064
Page 3
applicant has received prior approval from the city to extend the expiration date for up to
one additional year, as regulated under section 21045.09, of the zoning ordinance.
APPROVED THIS 27TH DAY OF SEPTEMBER, 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 27, 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 21
rp) c;ty of
Plymouth
Adding Quality to Life
REGULAR
COUNCIL MEETING
September 27, 2011
Agenda 6.14Number:
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 Site Plan Amendment to allow a buildingItem: expansion and related site improvements at 11505
36th Avenue (2011065)
1. ACTION REQUESTED:
Adopt the attached resolution approving a site plan amendment for HGA for Hazelden
Center for Youth and Families located at 11505 36th Avenue, as recommended by the
Planning Commission.
Approval of a site plan amendment requires a 4/7 vote ofthe City Council.
2. BACKGROUND:
On September 21, 2011, the Planning Commission voted unanimously to recommend
approval of the request. The applicant was present in support of the application. One resident
also appeared to speak in favor of the proposal. The city received three letters on this matter.
A copy of the letters is attached.
In response a noise concern raised in the first letter, the applicant stated that delivery trucks
would be directed to exit at the new driveway, which would not be at an incline toward 36th
Avenue. He said this would help to reduce noise because trucks would no longer need to
drive uphill when they exit.
In response a concern raised in the second letter, staff stated that there is no state law or city
ordinance that prohibits institutional uses from being located within 500 feet of one another.
In response concerns raised in the third letter, the applicant stated that the people they serve
are not criminals. He said they are young people who want and need help overcoming a
chemical dependency. He added that on the limited occasions when they use ambulances to
transport patients, the ambulances do not need or use their sirens.
A copy of the Planning Commission meeting minutes and report is attached. Notice of the
Planning Commission's public meeting was mailed to all property owners within 200 feet of
the site.
Page 1
File 2011065
Page 2
3. BUDGET IMPACT:
Not applicable.
4. ATTACHMENTS:
Planning Commission Minutes
Planning Commission Staff Report with Attachments
Correspondence Received (3 letters)
Resolution Approving Site Plan Amendment
Page 2
Draft
Planning Commission Minutes
September 21, 2011
Page 9
7. A.3. HGA (2011065)
Chair Davis introduced the request by HGA for a site plan amendment for a building expansion
and related site improvements at the Hazelden Center for Youth and Families at 11505 36th
Avenue N.
Senior Planner Drill gave an overview of the staff report. He said three letters have been
received and are now part of the public record. Responding to Mr. Herby's letter, Senior Planner
Drill said that there is no state law or city ordinance that prohibits an institutional use from being
located within 500 feet from another.
Chair Davis introduced Jim Steinhagen, Executive Director for Hazelden.
Commissioner Kobussen asked about truck access.
Mr. Steinhagen said trucks would continue to use both entrances. Mr. Steinhagen said Hazelden
is celebrating its 30th
anniversary of providing services at that site. He said the reason for the
expansion is economics, and supply and demand. He said Hazelden has a strong reputation
across the country for the services it provides for persons suffering from alcohol and drug
addiction. He said the demands for their services have exceeded what we can accommodate, and
they want to respond at a higher, level to that need and fulfill our mission as intended.
Commissioner Nelson asked about the increase in staff for the 32 additional patients, and if there
would be groups coming in during the day.
Mr. Steinhagen said they are projecting full occupancy to be 107 beds, and there would be 50
positions added. He said this is a 24/7 facility and there are three shifts, so individuals are spread
out over those shifts. Residents at the facility cannot have vehicles. He said the traffic increase
will be negligible.
Commissioner Nelson said he lives in the area and he noted in the emails residents have concerns
about potential crime issues. Commissioner Nelson asked about Hazelden's procedure and
policy addressing this issue.
Mr. Steinhagen said there is a stereotype to this population. He said at their open houses the
question was raised if the neighborhood is at risk if the expansion is approved. Mr. Steinhagen
stated no and said they do not have a relationship with the criminal justice system. He said these
are not bad kids - they are sick kids and desperately in need of help. He stressed that safety is
equally important at Hazelden as they want to ensure that patients and staff are not at risk. Mr.
Steinhagen said there is a comprehensive screening, pre -entry process. He said this is not a
gated facility and it is voluntary. Mr. Steinhagen said they have a strong working relationship
with the Plymouth Police Department if there is ever a need. Community risk is kept at lowest
level possible.
Page 3
Draft
Planning Commission Minutes
September 21, 2011
Page 10
Chau Davis asked about noise pollution ftom trucks.
Mr. Steinhagen said the current entry and exit point is a driveway owned by Missions, Inc. which
would be used as an entrance point. He said the new driveway would be encouraged for exit use
as the incline is less and the noise pollution factor will be mitigated.
Planning Manager Thomson asked when deliveries occur.
Mr. Steinhagen said deliveries are usually between 9 a.m. and 4 p.m. Monday — Friday.
Commissioner Petrash asked about ambulances and the use of sirens.
Mr. Steinhagen said ambulances drive up and pick up. He explained that if a young person
decompensates mentally, staff will make an assessment whether to transfer that individual. He
said the procedure is to call 911, and the police escort the ambulance and deliver the patient to
the health care facility ensuring their safety. Mr. Steinhagen said this is a transport situation only
and there are no sirens.
Commissioner Petrash asked how often this occurs.
Mr. Steinhagen said this occurs maybe twice a month. He said a separate entrance on the south
side of the facility is used so as not to be disruptive to others.
Chair Davis asked about sirens.
Mr. Steinhagen said he was not aware of the sirens ever having been used for an emergency
situation, and reiterated noise should not be an issue.
Chair Davis introduced Phil Lindau, 2825 Medicine Ridge Road. Mr. Lindau said he has lived
in the area since 1990 and walks and rides bike on the path every week. Mr. Lindau said he
didn't even really know IIazelden was there. He said he is a member of Calvary Lutheran
church, and he has become familiar and aware of families that have needed this facility. Mr.
Lindau said he is very supportive of the proposal.
Commissioner Petrash asked ifthe proposed addition will match architecturally.
Chair Davis introduced Rebecca Sanders, HGA, who said the existing building has cement board
siding. She said the addition would have cement board siding which will be painted to match
and there would be stone material added on the exterior.
Commissioner Nelson stated that it has been an interesting evening with a new pancake house, a
state of the art training facility for athletes, and once again proving what a well rounded
community this is. He said this is a world class treatment facility that is well known to family
and friends, and Commissioner Nelson said he will wholeheartedly support this proposal.
Page 4
Draft
Planning Commission Minutes
September 21, 2011
Page 11
MOTION by Commissioner Petrash, seconded by Commissioner Nelson, to approve the request
by HGA for a site plan amendment for a building expansion and related site improvements at the
Hazelden Center for Youth and Families at 11505 36t11 -Avenue N. Vote. 6 Ayes. MOTION
approved.
S. ADJOURNMENT
MOTION by Chair Davis, with no objection to adjourn the meeting at 8:25 p.m.
Page 5
Agenda Number
File 2011065 •
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 21, 2011
APPLICANT: HGA
PROPOSAL: Site plan amendment for a building expansion and related site
improvements
LOCATION: Hazelden Center for Youth and Families, 11505 36t11 Avenue
GUIDING: P -I (public/semi-public/institutional)
ZONING: P -I (public/institutional)
REVIEW DEADLINE: December 9, 2011
DESCRIPTION OF REQUEST:
The applicant is requesting a site plan amendment to allow a roughly 48,954 square foot building
expansion and related site improvements at Hazelden. The proposed improvements would
include a new building entrance, admission area, lecture hall, 32 -bed unit, gymnasium, group
rooms, and expanded parking.
Notice of this public meeting was mailed to all property owners within 200 feet. The notification
area map is attached.
Page 6
2011065
Page 2
CONTEXT:
Surrounding Land Uses
Natural Characteristics of Site
The subject property is located in the Bassett Creek drainage district. The site is not located in
the floodplain district. The southerly half of the site lies in the shoreland district. There are
portions of four wetlands on the site.
Previous Actions Affecting Site -
The City Council approved the site plan for this property in 1975. The site plan was amended to
allow modifications or expansions in 1983, 1989, 1993 and 1995.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a site plan amendment is limited to whether or not
the proposal complies with the comprehensive plan and zoning ordinance requirements. If it
meets these standards, the city must then approve the site plan amendment. No variances are
requested or required.
ANALYSIS OF REQUEST:
The applicant is requesting a site plan amendment to allow for a building expansion and related
site improvements on the 12.75 -acre Hazelden site located at 11505 36`h Avenue. Hazelden is a
residential care facility that provides chemical dependency treatment services for youth and
young adults. Hazelden's use is classified as a "permitted" land use in the P -I zoning district.
The proposed 48,954 square foot expansion would include a new building entrance, admission
area, lecture hall, 32 -bed unit for female patients, gymnasium, and group rooms. The addition
would be located north of the existing building, and would increase the overall number of beds
from 75 to 107. The exterior site changes would include expanded parking north and east of the
addition, a new driveway access to 36"' Avenue, and storm water improvements.
Page 7
d'ae n Land'Use Guidin Zonis
North (across
36"' Avenue)Single-family development
LA -1
living area 1)(single
RSF-1
family 1 )
West.' French Regional Park P -I P -I
East &-:South Mission Farms P -I P -I
Natural Characteristics of Site
The subject property is located in the Bassett Creek drainage district. The site is not located in
the floodplain district. The southerly half of the site lies in the shoreland district. There are
portions of four wetlands on the site.
Previous Actions Affecting Site -
The City Council approved the site plan for this property in 1975. The site plan was amended to
allow modifications or expansions in 1983, 1989, 1993 and 1995.
LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The city's discretion in approving or denying a site plan amendment is limited to whether or not
the proposal complies with the comprehensive plan and zoning ordinance requirements. If it
meets these standards, the city must then approve the site plan amendment. No variances are
requested or required.
ANALYSIS OF REQUEST:
The applicant is requesting a site plan amendment to allow for a building expansion and related
site improvements on the 12.75 -acre Hazelden site located at 11505 36`h Avenue. Hazelden is a
residential care facility that provides chemical dependency treatment services for youth and
young adults. Hazelden's use is classified as a "permitted" land use in the P -I zoning district.
The proposed 48,954 square foot expansion would include a new building entrance, admission
area, lecture hall, 32 -bed unit for female patients, gymnasium, and group rooms. The addition
would be located north of the existing building, and would increase the overall number of beds
from 75 to 107. The exterior site changes would include expanded parking north and east of the
addition, a new driveway access to 36"' Avenue, and storm water improvements.
Page 7
2011065
Page 3
The zoning ordinance contains specific standards for approval of a site plan, and for
development in the P -I zoning district. Staff used these standards to review the proposal. The
specific standards that apply are as indicated on the following table:
Standards far the P. -I District
Required Proposed Complies?
Building Setbacks:
Front (north) 50 f1. (min.) 195 ft. Yes
Side (west & east) 15 ft. (min.) 120 ft. Yes
Rear (south) 15 ft. (min.) 370 ft. Yes
Parking Setbacks:
Front (north) 20 ft. (min.) 55 ft. Yes
Side (west & east) 20 ft. (min.) 78 ft. Yes
Rear (south 20 ft. (min.) 56 ft. Yes
Parking Spaces: 122 (min.) 153 Yes
Building Height: 45 ft. (max.) 1 & 2 story elevations;Yes33ft. at highest point
Structural Coverage: 50% (max.) 16.2% Yes
Landscaping: 49 new trees (min.)
Equivalent to
107 new trees Yes
Lighting:
Fixture Height 30 ft. (max.) 20 ft. Yes
Shielding Fully -Shielded Fully -Shielded Yes
Watts per Sq. Ft. 0.080 (max.) 0.065 Yes
Building Materials
The primary building material for the proposed addition would be cement board lap siding
designed and colored to match the existing building. The proposed building materials and design
would comply with the standards listed in Section 21115.03 of the zoning ordinance.
Drainage/Treatment ofRunoff
The city requires that storm drainage systems be designed so that the post -development rate of
runoff from a site does not exceed the pre -development rate of runoff. Additionally, the city
requires treatment of storm water runoff before it enters the drainage system. The applicant
proposes to construct two stormwater treatment areas — one west of the addition and one east of
the addition. With the conditions in the attached resolution, the proposed drainage plan would
comply with city regulations.
Page 8
2011065
Page 4
Access
Access to the site is presently via a private driveway and driveway easement running through the
Mission Farms property to the east. That driveway connects to 36th Avenue at the Cottonwood
Lane driveway entrance to the Mission Ponds Townhome development. Under the plan, a new
driveway would be installed on the site to provide access to the expanded parking area. The new
driveway would access 36th Avenue to the west of the current driveway, and would line up with
Evergreen Lane.
Tree Preservation
This application is not subject to the city's tree preservation regulations. Nevertheless, the
applicant would preserve large stands of existing mature trees, together with the related
underbrush vegetation -- in order to continue to provide screening of the site from the residential
area north of 36fh Avenue. Thd proposed new access point would require the removal of some
trees. However, the proposed landscaping plan, tree preservation, and site layout (with a long,
curved driveway) would help to minimize views of the site from the north.
S'horeland District
As previously noted, the southerly half of the site lies in the shoreland overlay district for
Medicine Lake. Although there. would be some minor grading and site improvements within that
area of the site, there would be no net increase in impervious surface coverage within the
shoreland district.
Wetland Impacts
The applicant is proposing wetland impacts for two locations on the site. One impact would
affect the small wetland located west of the proposed addition, and is related to construction of
the required fire lane. The other impact would affect the large wetland located east of the
proposed addition, and is related to construction of the nearby storm water treatment area. If the
cumulative total area of wetland impacts is 1,000 square feet or less, the impacts would be
eligible for a de minimus exemption. If the cumulative total area of wetland impacts exceeds
1,000 square feet, the applicant would need to submit a wetland replacement plan. Requests for
de minimum exemptions and wetland replacement plans are not reviewed by the Planning
Commission, but rather are reviewed separately by the City Council. The attached resolution
addresses wetland impacts.
Neighborhood Meetings
The applicant recently held two identical open house meetings to provide information and
discuss the proposed expansion plans with the neighborhood. Four residents and two City
Council members attended the first open house, and two residents attended the second open
house.
Page 9
2011065
Page 5
RECOMMENDATION:
Community Development Department staff recommends approval of the site plan amendment
for expansion at Hazelden Center for Youth and Families, subject to the conditions listed in the
attached resolution.
ATTACHMENTS:
1. Draft Resolution Approving Site Plan Amendment
2. Applicant's Narrative
3. Location Map
4. Aerial Photo
5. Notification Area Map
6. Site Graphics
PACommbev\ST,AYFREPW\2011120110 65-Hazelden-Expansion -SPA -PC
Page 10
Architecture I Engineering j Planning
August 10, 2011
City of Plymouth
Community Development Department
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
dot! 065
WRITER'S DIRECT DIAL (612) 758-4275
Re: Hazelden Center for Youth and Families (HCYF) Addition
Site Plan Amendment Application
11505 36`h Avenue North Plymouth, Minnesota
HGA Commission Number: 2762-004-00
On behalf of Hazelden, HGA respectfully submits the attached materials as part of a Site Plan
Amendment Application for the HCYF Addition. Based on our pre -application meetings held with
the City of Plymouth personnel, we understand that this application is to comply with the current
Zoning Ordinance without any required variances or a conditional use permit.
The planned expansion of HCYF will support the creation of a national center of excellence for
youth treatment services with expert state--of-the-art care. The proposed facility expansion will
include the addition of a new entrance and admission area, expanded parking, 32 new beds, indoor
recreation facilities, new classrooms, expanded dining and group rooms, dedicated family
programming space, mental health space, and education and outreach spaces. The expansion will
increase the number of treatment beds from 69 to 101 (107 total with medical unit beds) serving
approximately 1,181 patients per year. Site work includes parking modifications, storm water
improvements and tree removal and replacement.
The following attachments are included:
Completed Planning and Zoning Application Form
M Site Plan and Site Plan Amendments Summary Application Checklist
Check for $3,300 (Site Plan Amendment Fee, Escrow and Wetland Review Fee)
9 sets of drawings (30" x 42"), dated August 10, 2011
1 set of drawings (11" x 17"), dated August 10, 2011
1 set of mailing labels of property owners within 200 feet of the site boundary
Narrative requesting a De Minimus exemption for the proposed wetland fill
Hammel, Green and Abraha+nscr, ]nc. 701 Washington Avenue North ^ Minneapolis, Minnesota USA 55401-1180
HGA Architects and Engineers, LLC
HGA Architects and Engineers, LLP TelephonE 612.758.4000 Facsimile 612.758.4199
Visit our Website: www,l)ga.corn page 11
City of Plymouth
August 11, 2011
Page 2
Narrative and Plans showing the existing and proposed impervious site area within the
Shoreland Overlay District
1 copy of HGA's storm water management calculations, dated August 10, 2011
1 copy of HGA's exterior lighting calculations and cut sheets, dated august 10, 2011
Note: no monumental or exterior building signage is included in the project, therefore, no
signage plan is included.
Thank you for your attention t
Sincerely,
a I - wvt Y
Dennis J. Vonak, ACHA CID
Vice President
cc: Dave Hill, Hazelden
Jim Steinhagen, Hazelden
Steve Plienis, Hazelden
Rebecca Sanders, HGA
h:\2700\2762\004-00\1. general communications\ correspondence\ site plan submittal
letter rks.doc
Page 12
z
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Location Map - 2077065 Legend
C, Comerc4al
HGA, Inc. V" CC, City Center
Hazelden Center for Youth & Families Co, Commercial Office
IP, Planned Industrial
11505 36th Avenue o LA -1, Living Area 1
Site Plan Amendment o LA -2. Living Area 2
0 LA -3, Living Area 3
LA -4, Living Area 4
LA -R1
bcfty I -A -R2
LP, -R3
of LP, -RT
Plymouth, Minnesota ® P-1, Public/Semi-Public/institutional
440 220 0 440 880 1,320
Feet
Page 13
NOTIFICATION AREA MAP
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For more information contact:
Hennepin County GIS Division
300 South 6th Street
Minneapolis, MN 55487
gis.1nfo@co.hennepin.rnn.us
Map Comments:
r
type Comments Here -
Print Date: 6/22/2011
Map Scale: V = 316'
Buffer Size: 200 feet
Map Legend:
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part{
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suffer Region
Selected Parcels
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Minor Roads
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Page 15
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Page 19
Barb Thomson
From: Le Grand Fromage [swchesebrough@aol.com]
Sent: Friday, September 16, 2011 6:06 PM
To: Barb Thomson
Subject: COMMENT FOR HAZELDEN FILE
Expires: Wednesday, June 11, 2014 12:00 AM
Attention Shawn drill, and Barbara Thomson
Comment for Sept. 21 meeting, Agenda Item 7-A
HGA (Hazelden)
bear Shawn and -or Barbara,
I will not be able to attend the Planning Commission's Sept, 21 meeting. If your procedures permit, I would like to
add a comment to the 7A file.
Hazelden currently uses a driveway situated on land that is owned by the Union City Mission. This driveway exits
onto 36th Avenue, right across from my townhome (my townhouse is part of the Mission Ponds development). If you
want to check out my residential address, look at 11255 Thirty -Sixth Place North.
I attended the first of the public meetings given by Hazelden to promote their proposed addition ($30 million for
30 beds). I commented at that meeting that I was disturbed (not to mention annoyed) by the behavior of vehicles
and drivers as they exit the Hazelden driveway. My concerns were speed, occasional reckless driving, and noisy
trucks.
Hazelden proposes to open a new driveway, as an extension of Evergreen lane. Cars and pickup trucks (and possibly
passenger buses) will use the new driveway. That will partially address my concern.
However, I was informed at the neighborhood meeting that the old driveway will continue to be used by trucks, like
trash haulers, food vendors, etc.
The configuration of the old driveway is that it exits with a sharp uphill onto 36th Avenue; and 36th Avenue then
continues uphill for another 100 (or so) yards, in the direction that most trucks use (i.e., easterly, towards Highway
169).
The result of this uphill configuration is that truck drivers gun their engines, and put the "pedal to the metal". The
resulting engine noise is sometimes enough to raise the dead, and levitate me from my chair.
So my request is that this noise pollution be addressed during the meeting. I am asking that Hazelden (and maybe
Union City Mission) find (and implement) ways to reduce this driving behavior, and the resulting noise pollution.
Thank you,
Steve Chesebrough
Resident, Taxpayer, and Voter
Page 20
0 2,
All City ofPlymouth Council members 1.S Sept 2011.
Under New Business (2011065)
If you allow Hazel.den Center to expand you are in vi o] t on
of the law (No instituation within 500 feet of another
OMission Farms and Armstrong High' '
Naighbo-,
Norbert Herby
3430 A. Medicine Lake Blvd. 5 1• 1
Page 21
o111 D 6
0 3
As a taxpayer and a homeowner living adjacent to Hazelden in Plymouth, I have some
reactionary questions and comments and concerns in reaction to both an article in the
Star Tribune entitled Hazelden Planning $30 million Expansion At Its Center For Teens,
and a notice from the city of Plymouth, received in the mail, that stated the proposed
40,000 sq. ft. building addition.
Our property taxes recently went up again and our property value went down. With the
addition to Hazelden, our property value will likely descend even further.
Some Hazelden patients board a bus every morning and travel to Winnetka Learning
Center of district 281. Their classroom domain has a student to teacher ratio of
approximately 6:1 on average. A number of the patients receiving educational
assistance (by a licensed teacher hired by 281) are not residents of Minnesota. How
much taxpayer money from Minnesotan taxpayers goes toward the cost of educating
patients who are not Minnesota residents? District 281 also employs at least one
teacher who comes onto Hazelden campus. Why are Minnesota taxpayers covering the
educational costs of non -Minnesotans? Who covers the cost of bussing?
District classroom sizes for the children of Plymouth residents are approximately 28:1
student to teacher.
Since Hazelden employees can't smoke on campus, they walk out to 36th Ave N to
smoke on the street. Often times they leave behind cigarette butts and other trash for
me to pick up. The cigarette smoke can be smelled daily. Other employees drive down
to the end of 36th and park at the dead end by French Park and smoke from their cars.
When the expansion goes into effect (fighting 30 million is futile) will the number of
Hazelden employees smoking in the neighborhood increase as well?
At present, there are a number of mental health, drug abuse, and other related
treatment programs in operation in the space between Medicine Lake, French Park,
Medicine Lake Blvd. and 36th Ave. N. The majority of these patients have committed
crimes. Should there not be a limit to the number of criminals in a designated area?
How are patients screened? In the article, it was stated patients are screened as to
whether they are high risk for running away. If these patients are safe, then why must
they be under close and constant surveillance when they go off campus?
When a large group of patients goes sledding at French Park or other activities, how
many adults per patient is sufficient? What is a safe ratio? Will this ratio increase or
decrease with the addition of new patients?
Will the number of ambulances in response to some need at Hazelden increase?
How far toward French Park do you plan to develop? Will you go into French Park? In
other words, how many of the big trees, how many homes for birds and other wildlife will
be destroyed?
SEP 2 0 za,l
is Page 22
The salaries of teachers are public record. If Hazelden is a public service, what are the
salaries of the Hazelden executives? How much does Jim Steinhagen make per year?
Will this amount change with the $30 million addition? If so, how much will it change?
If you want the residents to sacrifice their safety and the value of their properties so that
Hazelden can profit, isn't it reasonable to ask Hazelden to be more transparent?
In the article, when Jim Steinhagen stated "with addiction, you really need to strike
when the iron is hot," was he referring to drugs and alcohol, or 30 million dollars?
Tad Thorstenson
tadthor@msn.com
Page 23
CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION APPROVING A SITE PLAN AMENDMENT FOR HGA, FOR HAZELDEN
CENTER FOR YOUTH AND FAMILIES LOCATED AT 11505 36TH AVENUE (2011065)
WHEREAS, HGA has requested approval of a site plan amendment to allow building
expansion and related site improvements at Hazelden Center for Youth and Families located at
11505361h Avenue; and
WHEREAS, the Planning Commission has reviewed said request at a duly called public
meeting.
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 HGA for a site plan amendment to allow building expansion and related
site improvements at Hazelden Center for Youth and Families located at 11505 36th Avenue,
subject to the following conditions:
1. A site plan amendment is approved to allow a 48,954 square foot building expansion and
related parking expansion and site improvements, in accordance with the plans received by
the city on August 11, 2011, except as may be amended by this resolution.
2. Approval of the site plan amendment is contingent upon separate City Council approval of a
de minimus wetland exemption for the proposed wetland impacts, or a wetland replacement
plan application if required.
3. Prior to issuance of building permits, the following items shall be completed:
a. The applicant shall submit the required financial guarantee and shall execute a site
improvement performance agreement, as required by the city.
b. The applicant shall obtain the necessary permits and approvals as follows: Bassett Creek
Watershed Management Organization and NPDES.
c. The applicant shall provide a maintenance agreement for the storm water treatment areas.
4. Prior to issuance of building permits, the applicant shall revise the plans, as follows:
a. Grading, drainage and erosion control plan:
1) Indicate a designated concrete truck wash out area.
2) Add "36th Avenue or East Medicine Lake Boulevard" to note 7 on the erosion
control plan.
Page 24
Resol uti on 2011-
Fi I e 2011065
Page 2
3) Identify the wetland boundaries on the grading plan.
4) Indicate normal water levels (NWL) and high water levels (HWL) for existing
wetlands. Indicate NWL, HWL, and emergency overflow elevations (EOF) for
storm water treatment areas.
5) Identify location of the Bio -Retention Area — Filtration Facility detail shown on
Sheet C403.
6) Identify limits and scope of ditch grading for the culvert along 36th Avenue.
7) Clarify the extent ofwetland impacts for the project. Identify impacts to wetland #3
associated with fire lane construction. Cumulative impacts for the project must be
less than 1,000 square feet to qualify for a de minimus exemption. If wetland
impacts exceed 1,000 square feet, a wetland replacement plan is required.
8) Retaining walls that exceed four feet in height require a fence and also require a
building permit. Indicate top and bottom of wall elevations on the plans.
9) City Standard Plate STRT-8 shall be used for the entrance to 36th Avenue.
10) Provide spot elevations for the service delivery drive on the north side of the
building.
11) The lowest floor elevations for the building must be at least 2 feet above the HWL
for adjacent storm water treatment facilities and at least 18 inches above the EOF on
the west side of the building.
b. Utility plan:
1) Identify the outlet for the trench drain at the delivery entrance to the building.
Connections to the sanitary sewer system are prohibited.
2) Move drain tile from under the building along the service delivery driveway.
3) Provide a video inspection report for all new storm sewer lines.
4) Identify structure dimensions and casting numbers for each structure shown on the
storm sewer structure schedule.
5) Identify invert elevations, pipe size, pipe length, aprons, and rip rap size and
quantity for the culvert under the 36th Avenue entrance, as well as for the culvert
under the fire lane.
6) Identify top of casting and invert elevations for sanitary sewer manholes.
7) Confirm fire flow requirements are met by using the existing 8 -inch water main in
36th Avenue. If fire flow requirements cannot be met, a secondary connection to the
existing 12 -inch main in East Medicine Lake Boulevard may be required.
8) Replacement of existing water main will require a temporary water plan to provide
continuous service to the building during construction, since there is only one feed
point on 36th Avenue. Consider adding a second service connection on 36th Avenue
west of the existing hydrant labeled as (BM# 1).
9) A pressure test and bacteriological test is required for the new water main before
placing it into service.
c. Water resources plan
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Resol uti on 2011-
R I e 2011065
Page 3
1) Submit calculations that demonstrate an 85 percent reduction in total suspended
solids (TSS) for new impervious areas. A 60 percent reduction in total phosphorus
TP) loading for new impervious areas is also required. Calculations provided
indicate this requirement has not been met.
2) Demonstrate that post -development rates of runoff are less than pre -development
rates for the 10 -year and 100 -year frequency rainfall events.
3) Demonstrate that volume reduction requirements are satisfied for the 2 -year rainfall
event. Calculations provided are unclear on whether this requirement has been met.
d. Fire protection plan
1) Identify the fire department connection and post -indicator valve location.
2) Add and relocate hydrants to locations as approved by the Fire Inspector.
3) All trees and other objects within six feet of the new and existing fire lanes must
provide a minimum vertical clearance of 13.5 feet.
4) Approved fire lane signs are required in approved locations on drive aisles and non
designated parking areas.
5) Contact the Fire Inspector for fire flow calculation requirements.
6) Submit fire apparatus turning radius evaluations for all new and existing fire lanes
and drive aisles.
5. Standard Conditions:
a. Trash and recycling storage shall be in compliance with the zoning ordinance.
b. Any signage shall comply with the signage regulations and shall receive prior
approval of the appropriate sign permit.
c. Lighting shall comply with the lighting regulations, including the requirement for
house -side shielding, as applicable.
d. The applicant shall submit a reproducible 8'/2 x 11 inch "as built" fire protection plan
prior to the release of any financial guarantees.
e. The applicant shall submit reproducible mylar prints of sanitary sewer, water service,
and storm sewer as-builts for the site prior to the release of any financial guarantees.
f. The site plan amendment shall expire one year after the date of approval, unless the
property owner or applicant has substantially started construction of the project, or
unless the landowner or applicant has received prior approval from the city to extend
the expiration date for up to one additional year, as regulated under section 21045.09
of the zoning ordinance.
ADOPTED by the City Council on September 27, 2011.
STATE OF MINNESOTA)
Page 26
Resol uti on 2011-
R I e 2011065
Page 4
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 27, 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 27
rp)City of
Agenda 6.15PlymouthNumber:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR Prepared by: Joshua Doty, Senior PlannerCOUNCILMEETING
Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten,
September 27, 2011 Community Development Director
Approve a Conditional use permit to allow a
Item: restaurant use within an existing commercial building
located at Plymouth Plaza Shopping Center, 1455
County Road 101 (2011069)
1. ACTION REQUESTED:
Adopt the attached resolution approving a conditional use permit requested by Original
Pancake House/Savik Hunter Inc., as recommended by the Planning Commission.
Approval requires a 4/7 vote of the City Council.
2. BACKGROUND:
On September 21, 2011, the Planning Commission conducted the public hearing and
subsequently voted unanimously to recommend approval of the proposal. The applicant was
present in support of the request. No one else wished to speak on the matter. A copy of the
Planning Commission meeting minutes and report is attached.
After the Planning Commission hearing, the applicant provided the city with a minor
amendment to the floor plan that expanded the lobby area for the restaurant by 248 square
feet. Staff notes that the expanded lobby area increases the required parking for the restaurant
from 74 parking spaces to 80 parking spaces. Considering the proposed restaurant and the
other tenants in the building, 321 parking spaces are required to meet the parking demand for
the site. The site has 416 total parking spaces. Therefore, there is adequate parking on the
site.
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. A copy of the notification area map is
attached. Development signage remains on the property.
3. BUDGET IMPACT:
Not Applicable.
4. ATTACHMENTS:
Planning Commission Minutes
Planning Commission Report with Attachments
Resolution Approving Conditional Use Permit
Page 1
Draft
Planning Commission Minutes
September 21, 2011
Page 3
B. ORIGINAL PANCAKE HOUSE (2011069)
Chair Davis introduced the request by the Original Pancake House/Savile Hunter, Inc. for a
conditional use permit amendment to allow a restaurant use within an existing commercial
building at 1455 County Road 101.
Senior Planner Doty gave an overview of the staff report.
Chair Davis opened and closed the public hearing as there was no one to speak on the item.
Planning Manager Thomson said clerical staff can attest to the fact there have been a lot of calls
from people who are very thankful the Original Pancake House is coining to our community.
MOTION by Commissioner Oakley, seconded by Conunissioner Nelson, to approve the request
by the Original Pancake House/Savile Hunter, Inc. for a conditional use permit amendment to
allow a restaurant use within an existing commercial building at 1455 County Road 101. Vote.
6 Ayes. MOTION approved.
Page 2
Agenda Number
File 2011069 • b,6
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: September 21, 2011
APPLICANT: Original Pancake House/Savile Hunter Inc.
PROPOSAL: Conditional use permit amendment to allow a restaurant use within an
existing commercial building
LOCATION: 1455 County Road 101
GUIDING: C (Commercial)
ZONING: C-2 (Neighborhood Commercial)
REVIEW DEADLINE: December 21, 2011
DESCRIPTION OF REQUEST:
The applicant is requesting approval of a conditional use permit amendment to allow a restaurant
use in the C-2, neighborhood commercial zoning district for property located at 1455 County
Road 101. Under the plan, the Original Pancake House would occupy approximately 4,738
square feet of the 74,215 -square foot building. The zoning ordinance allows restaurant uses in
the C-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.
Development signage was placed on the property.
Page 3
File 2011069
Page 2
CONTEXT:
Surrounding Land Use and Zoning
Previous Actions Affectina Site
In 1986, the City Council approved a site plan and variances for the construction of a 72, 616
square foot shopping center. The approval included setback variances for the building, parking
lot, drive aisle, and signage, The city council also approved a conditional use permit for a
restaurant use for Pizza Hut on the east side of the building in approximately the same tenant
location as proposed with the subject Original Pancake House request.
In 2002, the City Council approved a conditional use permit to allow a trade school facility for
the Minnesota School of Business.
In 2004, the City Council approved a conditional use permit amendment and interim use permit
for the Minnesota School of Business to increase student enrollment to 1,410 and to allow
reduced parking and joint parking.
In 2011, the City Council approved a conditional use permit to allow the Minnesota School of
Cosmetology within the existing 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 approval of a conditional use permit amendment to operate an
Original Pancake House. Original Pancake House would occupy approximately 4,738 square
feet in the east portion of the existing building in the area formerly occupied by Pizza Hut.
Original Pancake House is a family restaurant that specializes in breakfast and lunch. The
restaurant h as been open for 18 years in the Wayzata Bay Shopping Center in downtown
Wayzata.
Page 4
Ad"acerrt`Land Ilse Gurdrp, Zone'
North, Commercial Use C C-2AcrossCo. Rd 6'
East, Commercial Shopping C C-2 & C-3AcrossCoRd ,1'0 L ' Center and Gas Station
T a thW&eS.g fihriv s .. Apartments LAA RMF -4
Church LA -1 RSF-1
Previous Actions Affectina Site
In 1986, the City Council approved a site plan and variances for the construction of a 72, 616
square foot shopping center. The approval included setback variances for the building, parking
lot, drive aisle, and signage, The city council also approved a conditional use permit for a
restaurant use for Pizza Hut on the east side of the building in approximately the same tenant
location as proposed with the subject Original Pancake House request.
In 2002, the City Council approved a conditional use permit to allow a trade school facility for
the Minnesota School of Business.
In 2004, the City Council approved a conditional use permit amendment and interim use permit
for the Minnesota School of Business to increase student enrollment to 1,410 and to allow
reduced parking and joint parking.
In 2011, the City Council approved a conditional use permit to allow the Minnesota School of
Cosmetology within the existing 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 approval of a conditional use permit amendment to operate an
Original Pancake House. Original Pancake House would occupy approximately 4,738 square
feet in the east portion of the existing building in the area formerly occupied by Pizza Hut.
Original Pancake House is a family restaurant that specializes in breakfast and lunch. The
restaurant h as been open for 18 years in the Wayzata Bay Shopping Center in downtown
Wayzata.
Page 4
File 2011069
Page 3
Parking Requirements
Considering the proposed use and the other tenants in the building, 315 parking spaces are
required to meet the parking demand. The site has 416 total parking spaces.
Staff notes that the required parking for MSC and MSB is based on peak student population and
does not factor increased student populations over time. Staff notes that significant increases to
student population at MSC and MSB are not expected. However, if significant increases to
student population were to occur at MSC or MSB that resulted in a parking problem, the city
could terminate the conditional use permits for the school uses.
The parking required for a restaurant use is based on the square footage of the tenant space.
Therefore, the required number of parking spaces for this use would not change as identified
above unless the restaurant expanded to occupy a greater area of the building. Staff notes that
the applicant would be required to obtain a conditional use permit amendment to expand their
use.
FINDINGS:
The Planning Commission must review this request for compliance with the conditional use
permit standards, as outlined in the ordinance. A copy of the standards is attached.
Staff reviewed the application according to these standards, as follows:
Comprehensive plan: The applicant's proposed restaurant use would be consistent with the
C (commercial) land use designation.
Public health, safety, welfare, morals, comfort: The applicant's proposed use would enhance
the general public welfare by providing a restaurant in the community. The use would not be
detrimental to the public health, safety, morals or comfort. The attached resolution requires that
the applicant obtain all appropriate permits from Hennepin County and the State of Minnesota
for the storage, preparation, and serving of food items.
Impact to other property and the orderly development of adjacent properties: The
restaurant use would not be injurious to the use and enjoyment of immediately surrounding
properties nor would it diminish and impair property values within the neighborhood. The
Page 5
Original Pancake House 74 spaces
Minnesota School of Cosmetology (MSC) 49 spaces
Minnesota School of Business (MSB) 130 spaces
Remaining Tenants (North Memorial, Great
Clips and Oakwood Pet Clinic)
62 spaces
Total 315 spaces
Considering the proposed use and the other tenants in the building, 315 parking spaces are
required to meet the parking demand. The site has 416 total parking spaces.
Staff notes that the required parking for MSC and MSB is based on peak student population and
does not factor increased student populations over time. Staff notes that significant increases to
student population at MSC and MSB are not expected. However, if significant increases to
student population were to occur at MSC or MSB that resulted in a parking problem, the city
could terminate the conditional use permits for the school uses.
The parking required for a restaurant use is based on the square footage of the tenant space.
Therefore, the required number of parking spaces for this use would not change as identified
above unless the restaurant expanded to occupy a greater area of the building. Staff notes that
the applicant would be required to obtain a conditional use permit amendment to expand their
use.
FINDINGS:
The Planning Commission must review this request for compliance with the conditional use
permit standards, as outlined in the ordinance. A copy of the standards is attached.
Staff reviewed the application according to these standards, as follows:
Comprehensive plan: The applicant's proposed restaurant use would be consistent with the
C (commercial) land use designation.
Public health, safety, welfare, morals, comfort: The applicant's proposed use would enhance
the general public welfare by providing a restaurant in the community. The use would not be
detrimental to the public health, safety, morals or comfort. The attached resolution requires that
the applicant obtain all appropriate permits from Hennepin County and the State of Minnesota
for the storage, preparation, and serving of food items.
Impact to other property and the orderly development of adjacent properties: The
restaurant use would not be injurious to the use and enjoyment of immediately surrounding
properties nor would it diminish and impair property values within the neighborhood. The
Page 5
File 2011069
Page 4
restaurant is located within an existing commercial shopping center and no changes would be
made to the building footprint or parking lot.
Public Facilities: The subject site is adequately served by public facilities, including the
roadway network. The use would not adversely affect traffic operations in the vicinity.
District Regulations: The restaurant would comply with the development regulations in the C-2
zoning district.
Performance Standards: The use is consistent with the performance standards outlined in
section 21015.04 of the zoning ordinance.
RECOMMENDATION:
Community Development Department staff recommends approval of the conditional use permit
amendment for Original Pancake House/Savik Hunter Inc. for an Original Pancake House at
1455 County Road 101, 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 Amendment
2. Conditional Use Permit Standards
3. Applicant's Narrative
4. Resolution 86-762 Approving Conditional Use Permit for Pizza Hut
5. Location Map
6. Aerial Photo
7. Notification Area Map
8. Site Graphics
PACommDMSTAFFREPTC1201112011069 Original Pancake House CUP.docx
Page 6
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 withinsixty(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 sixty60) days unless this limitation is waived by the applicant.
Subd.5. The Planning Commission shall consider possible adverse effectsoftheproposedconditional. use. Its judgment shall be based upon (but notlimitedto) the following factors:
1. Compliance with and effect upon the Comprehensive Plan, includingPublicfacilitiesandcapitalimprovementplans.
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 withintheneighborhood.
4. The establishment of the conditional use will not impede the normal andorderlydevelopment. and improvement of surrounding property for usespermittedinthedistrict.
5. Adequate public facilities and services are available or can be reasonablyProvidedtoaccommodatetheusewhichisproposed.
6. The conditional use shall, in all other respects, conform to the applicableregulationsofthedistrictinwhichitislocated.
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
forms/Cups ta) Page 7
Jlime
V VWM
NOOSE
6. BRIEF DESCRIPTION OF REQUEST
REQUEST: For a conditional use permit to allow the
operation of an Original Pancake House
Restaurant in the Plymouth Plaza Shopping
Center.
BRIEF HISTORY: OPH has been a successful family restaurant for
the past 18 years located in the Wayzata Bay
Shopping Center in downtown Wayzata. The
Wayzata Bay Center has recently bought out the
remaining term of OPH's lease so that they can
redevelop the center thus prompting OPH's
move.
OWNERS: Ken Savik & Mark Hunter
LOCATION: Plymouth Plaza Shopping Center
County Road b and Highway 10 1
Former Pizza Hut space and a portion of the former
Snyder Drugs space
DEVELOPMENT TEAM: The project is being developed by The Beard Group,
Inc. which has developed 2 OPH restaurants
previously.
Page 8
Detailed Responses to the questions posed in the "Conditional Use
Permit Summary Application Checklist for the Original Pancake House
1.) Compliance with and effect upon the Plymouth Comprehensive Plan.
The Plymouth Plaza Shopping Center is currently labeled as "Commercial" in the Existing Land Use Plan
in the Comprehensive Plan, The 2030 Land Use Plan has the property guided as "Community -C". The
Original Pancake House use is compliant with the Plymouth Comprehensive Plan,
2) The establishment, maintenance or operation ofthis conditional use willpromote and enhance the
general welfare and will not be detrimental to or endanger the public health, safety, morals or
comfort.
Yes, the Original Pancake House ofWayzata has been a fixture in downtown. Wayzata for the past 18 years
in the Wayzata Bay Shopping Center. The Wayzata Bay Redevelopment Company, in conjunction with
Presbyterian Homes and Services, is redeveloping the Wayzata Bay Shopping Center and the Original
Pancake House needs to relocate to accommodate this redevelopment. An internal marketing study
determined that the majority of the Original Pancake House Customers live in Plymouth in close proximity
to the Plymouth Plaza Shopping Center.
3) The Conditional Use will not be injurious to the use and enjoyment ofother property in the
immediate vicinityfor the purposes already, nor substantially diminish and impairproperty values
within the neighborhood.
No, the Original Pancake House is a family restaurant specializing in breakfast and lunch. Restaurant
hours are typically 7:00am to 8:00pm Monday -Sunday. The restaurant is owned and operated by Ken
Savik (proprietor for the past 18 years) and Mark Hunt a new operating partner.
4) The establishment ofthe conditional use will not impede the normal and orderly development and
improvement ofsurroundingpropertyfor uses permitted in the district.
No, the surrounding properties are completely developed and the conditional use is consistent with the
Comprehensive Plan.
S. Adequate measures have been, or will be, taken to provide ingress, egress, andparking so
designed as to minimize traffic congestion inpublic streets.
Yes, please see the attached exhibits.
6. The conditional use shall, in all other respects, conform to applicable regulations ofthe district in
which it is located.
Yes
7. The conditional use complies with the general and specific with the general and specific
performance standards as specified by Section 21015 and the Plymouth Zoning Ordinance.
Yes
Page 9
CITY OF PLYMOUTH 7
Pursuant to due call and notice thereof, a re lar meeting of the City Council of the
City.af Plymaeth, Minnesota, was held on t day of November 1986. The
following hers were present: Mayor Schneider,ouncllmembers ra n s Vasfliou,
InandIitur - e
following rtmbers were absent: none
Councilmember Sisk introduced the following Resolution and moved Its
a pt on:
RESOLUTION NO. 86-762
APPROVING A CONDITIONAL USE PERMIT FOR RENE' FUER FOR PIZZA HUT (86121)
WHEREAS, Pane' Boer has requested a Conditional. Use Permit for Pizza Nut, to allow the
operation of a Class II restaurant with carry -out service in the B-2 (shopping center
business) District at 1415 Highway 101; and,
WHEREAS, the Planning Commission has reviewed said request at a duly called Public
Hearing;
NOW, THEREFORE, BE 1T HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYHOUTH, MIN-
NESOTA, that it should and hereby does approve the request for Rene' Boer for a
Conditional Use Permit for Pizza Hut to altow the operation of a Class II restaurant
with carry -out service in the B-2 (shoppng center business) District, at 1415 Highway
101, subject to the following conditiona-
1, The permit Is subject to akl applicable codes, regulations and Ordinances, and
violation thereof shall be grounds for revocation.
2. The permit Is issued to the Pizza Hut as operator of the facility and shall not be
transferable.
9. The site shall be maintained in a sanitary manner.
4. Signage shall conform with the City Ordinance standards and program for this
building.
5. There shall be no outside display, sales, or storage of merchandise or related
materials.
6. The permit shall be renewed in one year to assure compliance with the condition:.
7. All puking shall be off-street in designated areas which comply with the Zoning
Ordinance, per 1986 approved Site Plan.
The motion for adaption of the foregoing Resolution was duly seconded by
Councilmewbec 21tur , and :upon vote being taken thereon, eo ora
voted in favor t erca : ^RWor a der, Couneilmembers Crain Sisk Vasiliou and
leo+)in`g14tur.
voted against or a ata ne : none ereupon the
Resolution was declared duly passed -and adopted.
SITE
Aeriai Photograph- 2011069
City of
Plymouth, Minnesota
100 50 0 100 200 300
Feet
Page 12
j Hennepin County Mailing Label Map
Provided By: Taxpayer Services Department
For more information contact: Print Date: 8/23/2011
Hennepin County GIS Division
300 South 6th Street Map Scale: V = 309`
Minneapolis, MN 55487 Buffer Size' 500 feetgis.info@co.hennepin.mn.us
Map Comments:
1455 CO RD NO 101
PLYMOUTH, MN
Map Legend:
i
Water Major Roads
I
Park Minor Roads i
Parcel
Buffer Region ;
Selected Parcels
Page 13
FOJ TrarTC Signal
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Page 14
0
COUNTYROAD o
PARKING COUNT
REGULAR SPACES 407
HANDICAPPED SPACES 12 l
TOTAL
FROM SURVEY DATED MAY 2002
ald o-
TOTAL SQUARE FOOTAGE 738 SF TOTAL STALLS
O
NORTH EMORIAL
58,931 Square Feet
ITCHEN SQUARE FOOTAGE ,,,91 180sF= 3
DINING ROOM SQUARE FOOTAGEI7(ob la SF /40SF= *41
r
RFsTRooMs 307 SF
q REOUIRED PARKING STALLS 74' 00 s -g
41,720 Square Feet
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Page 14
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ORIGINAL PANCAKE MOUSE
PLYMOUTH, MN
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TOTAL SQUARE FOOTAGE 4 738 SF TOTAL STALLS
KITCHEN SQUARE FOOTAGE 2,913 SF T60SF= 36
DINING ROOM SQUARE FOOTAGE 1,518 SF 140SF= d ,
RESTROOMS 307 SF
REQUIRED PARKING STALLS Y` '60 `'`q
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CITY OF PLYMOUTH
RESOLUTION N0. 2011 -
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW A
RESTAURANT USE FOR ORIGINAL PANCAKE HOUSE/SAVIK HUNTER INC.
FOR PROPERTY LOCATED AT 1455 COUNTY ROAD 101 (2011069)
WHEREAS, Original Pancake House/Savik Hunter Inc. has requested approval of a conditional
use permit for the site legally described as follows:
PARCEL 1
Lot 1, Block 2, SCHIEBE'S OAKWOOD, Hennepin County, Minnesota
PARCEL 2
That part of vacated County Road No. 6 as described in the recorded plat of SCHIEBE'S
OAKWOOD, described as follows:
Beginning at the intersection of the North line of Lot 1, Block 2, in said plat, and the
West line of the East 70 feet of the Southeast Quarter of Section 30, Township 118,
Range 22; thence Westerly and Northerly along the Northerly and Easterly lines of said
Lot 1 to the intersection with a line drawn parallel with and 60 feet South from the survey
line as delineated on Hennepin County Highway State Aid Highway No. 6, Plat No. 5,
according to Document No. 976842, Files of the Registrar of Titles; thence Easterly
along said parallel line to a point distant 35 feet Westerly, measured along said parallel
line, from the intersection with said West line of the East 70 feet; thence Southeasterly to
a point on said West line distant 35 feet Southerly, measured along said West line, from
the intersection with said parallel line; thence Southerly along said West line to the point
of beginning.
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 Original Pancake House/Savik Hunter Inc. for a conditional use permit
amendment to allow a restaurant use in the existing shopping center building located at 1455
County Road 101, subject to the following conditions:
Page 18
Res. 2011 -
File 2011069
Page 2
A conditional use permit is approved to allow a 4,738 -square foot restaurant for the Original
Pancake House, in accordance with the application and plans received by the city on August
23, 2011, except as may be amended by this resolution.
2. The conditional use permit is approved with the finding that all applicable conditional use
permit standards are met.
3. Prior to construction of tenant improvements in the building, the applicant must obtain
separate approval of a building permit.
4. Prior to issuance of a building permit, the applicant shall obtain all appropriate permits
from Hennepin County and the State of Minnesota for the storage, preparation and serving
of food items.
5. 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 which comply with the zoning
ordinance.
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 27, 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 27, 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 19
rp) City of Agenda 8.01 . O 1PlymouthNumber: v
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR Prepared by: Joshua Doty, Senior PlannerCOUNCILMEETING
Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten,
September 27, 2011 Community Development Director
Consider a Home Occupation License for a home
Item: service business for property located at 15620 9tn
Avenue North (2011039) — Continued from the
September 13, 2011 City Council Meeting
1. ACTION REQUESTED:
Adopt a resolution aphproving a home occupation license for a home service business for
David Felt at 15620 9t 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:
On September 13, 2011, the City Council continued this item to the September 27, 2011
meeting because a resident was not able to attend the meeting. No one spoke on the matter at
the September 13, 2011 City Council meeting. A copy of the City Council meeting minutes
and report is attached.
3. BUDGET IMPACT:
Not Applicable.
4. ATTACHMENTS:
City Council Minutes
City Council Staff Report
Planning Commission Minutes
Planning Commission Report with Attachments
Resolution Approving Home Occupation License
PAConunDev\STAFFREP\CC\2011\2011039 Felt Window Cleaning HOL - 2nd cc.docx
Page 1
Consent Agenda
Motion was made by Councilmember Murdock, and seconded by Councilmember Johnson, to
table item No. 6.03 to September 27. With all members voting in favor, the motion carried.
was made by Councilmember
that included the following items:
6.01) Regular and Special Meeting minutes 23 and Special Meeting Minutes of
September 6.
on Approving Disbursements ending September 3 (Res2011-297).
6.03) (This item was removed from the agenda and tabled until September 27).
6.04) Resolution Approving a Conditional Use Permit for CrossFit SISU and Jason Massie for
Property located at 2060 East Center Circle (2011061 — Res2011-298).
Resolution Accepting a Crime Prevention Grant fi-om Target Corporation (Res2011-299).
6.06)esolution Authorizing the Reimbursement of Funds to the Plymouth Crime and F' e
Prevention and (Res2011-300).
6.07) Resolutio ccepting a donation of a Bicep Curl PL 2300 Fitness Equi ent from Chad
Feeney through the mouth Crime and Fire Prevention Fund (Res2011-3
6.08) Resolution RevisingReplacing Resolution 2008-349 Ap roving Site Plan
Amendments and Variances for M Properties, Inc. to allow a king Expansion on Two
Properties located at 9909 South Sh e Drive and 1605 State ighway 169 (2008084 - Res2011-
3 02).
6.09) Resolution Approving a Tobacco Licen f Thu Nguyen, d/b/a Wandering Spirits, 3435
Highway 169 North (Res2011-303).
6.10) Resolution Authorizing the Ma and Manager to 'gn an Acknowledgement of
Assignment of the Development C ract for Spring Meado 2" d Addition (2011019-F -
Res2011-304).
6.11) Resolution Appro ng Plans and Specifications and Ordering Ad cement for Bids for
Bass Lake Wetland D inage Improvement Project (9127 - Rcs2011-305).
6.12) Resol on Declaring Cost to be Assessed and Ordering Preparation of Propped
Assessme oll for Annapolis Street Reconstruction Project (11002 — Res2011-306) ah4 a
Proposed Minutes 2 of 5 Regular Meeting of September 13, 2011
Page 2
PtxCity of Agenda
uth Number:
Adding Quality to Life
To: Laurie Ahrens, City Manager
REGULAR
COUNCIL MEETING Prepared by: Joshua Doty, Senior Planner
September 13, 2011 Reviewed by: Barbara Thomsdli', Planning Manager, and Steve Juetten,
Community Development Director
Home Occupation License for a home service business for
Item: property located at 15620 9"' Avenue North (2011039)
9. ACTION REQUESTED:
Move to adopt a resolution approving a home occupation license for a home service business
for David Felt at 15620 91h Avenue North, as recommended by the Planning Commission.
Approval of a hoine occupation license requires a 417 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 3
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 4
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 9th Avenue North.
Senior Planner Doty gave an overview of the staff report.
Chair Davis introduced the applicant, David Felt, 15620 9" 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 lie 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 5
Approved
PIanning Commission Minutes
August 3, 2011
Page 3
Chair Davis introduced Frank Hendricks, 840 Terraceview 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 hisyard
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 Iight 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. IIe 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 6
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 7
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. PIanning 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 27th with a deadline of February 15th, a follow up
letter was sent March 15`h 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. IIe said that he would vote in support of this request. I -Ie 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.
Cormnissioner 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 license. 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 8
Approved
Planning 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 Iicense 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 9Eh 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 9
Agenda Number
File 2011039 74.
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 91h 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 10
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 91h 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 Zoning
ADAC>ENT LAND USEUpThIG_. ZONING
Hennepin County P -I P -I
Correctional Facility
yest Single Family Homes LA -1 RSF-1
Previous Actions Affecting Site
The home on the subject property 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 11
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 offthe 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.
Parkinga 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.
Traffic 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 Qperation
The zoning ordinance requires home occupations to operate between the hours of 7:00 a.m. and
10:00 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 12
File 2411039
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 offthe 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`h Avenue
North, subject to the conditions listed in the attached resolution.
Page 13
File 201 1039
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
b. Notification Area Map
7. Aerial Photograph
8. Site Photographs
PAConnmDev\STArrREPIPC12011\2011039 pe Felt Window Cleaning HOL.doex
Page 14
I David Felt moved to Plymouth in 2007 and I purchased my home on 911, 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 may be 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 15
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 16
City of
Plymouth
Adding 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.
I 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 will need to meet all 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 Nymouth Blvd s Plymouth, Minnesota 55447-1482 g Tet: 763-509-5000 a 'A-Mv.PtyM0Uthrnn.guv
Page 17
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
ihc1544505610 9th Ave 123010. doc
Page 18
PCity
of
lymout-h
Adding Qiaclity to Life
David Felt
15610 91h 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
PIymouth Senior Planner Josh Doty concerning the business that you operate from your
residence at 15610 911, 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
PIymouth 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,
Warren Kulesa
Housing Inspector
WK:jb
ihc15445115610 9th Ave 031511.docmdoc
3400 Plymouth Blvd - Rymouth, Minnesota 55447-1482 e Tel: 763-509-5000 - mvw.ptymouthmn,loov
Page 19
Location Map - 2011039
David Felt
Russel Williams Window Cleaning LLC
Home Occupation License
City of
Plymouth, Minnesota
lbo YS 0 150 300 450
I Feet
Legend
M C, Comercial
FFfl CC, City Center
FFT CO, Commercial Office
kNj IP, Planned Industrial
LA -1, Living Area 1
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LA -3, Living Area 3
L!O LA -4, Living Area 4
072LA-Rl
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Page 20
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Location Map - 2011039
David Felt
Russel Williams Window Cleaning LLC
Home Occupation License
City of
Plymouth, Minnesota
lbo YS 0 150 300 450
I Feet
Legend
M C, Comercial
FFfl CC, City Center
FFT CO, Commercial Office
kNj IP, Planned Industrial
LA -1, Living Area 1
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LA -3, Living Area 3
L!O LA -4, Living Area 4
072LA-Rl
LA -R2
LA -R3
L --j LA -RT
EZI P-1, Public/Semi-Public/institutional
Page 20
Hennepin County Mailing Label Map
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111.0011KING SOIU71:114
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 27
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 27, 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 27, 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 28