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HomeMy WebLinkAboutCity Council Packet 01-24-2006CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JANUARY 24,2006,7:00 PM Black Box Theater, Plymouth Creek Center) 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUM Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Oath of Office to Firefighters Chris Anderson, Mark Friske, and Michael Walter (City Clerk Sandy Paulson) 4.02 Announcement of Fire and Ice on February 4 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2006-043) 6.03 Approve 2006/2007 tree removal and trimming contract (Res2006-044) REGULAR COUNCIL MEETING January 24, 2006 Page 2 6.04 Approve Planned Unit Development Amendment for a patio room and deck addition for property located at 15660 17th Avenue North. Champion Patio Rooms. (2005145) Postponed to a future meeting) 6.05 Approve Interim Use Permit to allow placement of fill material at Glory of Christ Lutheran Church, 4040 County Road 101 North. William Thompson. (2005146 — Res2006-045) 6.06 Approve final payment for Medicine Lake Water Quality Ponds (2037) (continued from January 10) (Res2006-046) 6.07 Award bid for Timber Creek Erosion Control Improvement Project (4137 — Res2006- 047) 6.08 Approve the purchase of a tractor crawler dozer (Res2006-048) 6.09 Approve plans and specifications and order advertisement for bids for 2006-2007 Street Sweeping Program (6124E) (Res2006-049) 6.10 Declare costs and set public hearing for 2005 Weed Eradication and Destruction, Roll 1 (Res2006-050, Res2006-051) 6.11 Declare costs and set public hearing for 2005 removal and destruction of Diseased Trees, Roll 1 amended resolution (Res2006-052, Res2006-053) 6.12 Approve Change Order No. 2 and Final for Ice Center project (Res2006-054) 6.13 Approve Final Payment to Lund Martin Construction, Inc. for lower level of the Plymouth Creek Center (Res2006-055) 6.14 Approve payment to Senior Community Services (Res2006-056) 6.15 Approve Payment No. 4 and reduction in retainage for Revere Lane from 6th Avenue to 10th Avenue (4142 — Res2006-057) REGULAR COUNCIL MEETING January 24, 2006 Page 3 6.16 Approve 2006 Liquor Licenses (Res2006-058) 6.17 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.05) 6.18 Adopt findings of fact for denial of On -Sale and Sunday Liquor Licenses for Asian Mill, Inc. d/b/a Tea House Chinese Restaurant (applications withdrawn) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.05 Approve 2006 On—Sale 3.2 Malt Liquor License for West Medicine Lake Community Club (This item was previously item No. 6.17) (Res2006-059) 8_1 Adopt council goals and legislative priorities (Res2006-060) 9. REPORTS AND STAFF RECOMMENDATIONS 10. ADJOURNMENT Proposed Minutes Special Council Meeting January 10, 2006 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in Meeting Room 2, of the Plymouth Creek Center, 14800 34`h Avenue North, on January 10, 2006. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Willis, Bildsoe 6:40 p.m.), and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Finance Director Hahn, Financial Analyst Kohn, Public Works Director Cote, and City Clerk Paulson. Street Reconstruction Assessment Policy Financial Analyst Kohn discussed the current Street Reconstruction Assessment Policy that would be assessing 40% of the construction costs. In order to phase this in, the policy was amended to increase the assessments from the previous rate of 30% of project costs, to 35% in 2006, and 40% in 2007. While these assessment changes were taking place, staff went through its annual process of selecting and prioritizing street reconstruction projects. These prioritizations were based upon the analysis of condition by City staff and in some cases by petitions of residents in particular neighborhoods. He noted that in June 2004, staff received a petition signed by approximately 70% of the residents in the Hawthorne Ponds neighborhood requesting that their streets be reconstructed in 2005. Since other projects located in different areas of the City were already programmed into the 2004-2008 Capital Improvements Program CIP) for 2005 and 2006, and Hawthorne Ponds is immediately adjacent to the area scheduled for 2007, the Hawthorne Ponds project was included in the 2005-2009 CIP for 2007. Some residents of the Hawthorne Ponds area feel strongly that their street reconstruction project should have been included in2005 or 2006. In addition, they also feel that even if their project is completed at a later date, they should be given the benefit of the assessment rates that were in effect for 2005. This would require an exemption from the newly adopted Street Reconstruction Assessment Policy and would impact the City's ability to fund its street reconstruction activities. Public Works Director Cote stated the streets that are programmed for reconstruction in 2006 are rated just as high as the Hawthorne Ponds area. Financial Analyst Kohn added the goal is to reconstruct the streets based on the street ratings. He explained how the staff rates the streets, and he added that the condition of the infrastructure underneath the streets is also reviewed. The Council noted that the petition process becomes problematic for the City at times as neighborhoods have certain expectations that their streets would be reconstructed in the near future. Just because a petition is submitted doesn't guarantee a project during a certain year or moving a project ahead of other scheduled projects. Proposed Council Minutes Special Meeting of January 10, 2006 Page 2 of 2 The Council stated that at no time did staff or the Council communicate to the Hawthorne Ponds neighborhood what the percentage amount they would be paying in assessments. The Council noted that if they received additional State aid funds in 2006, they would prefer to allocate those funds to reconstructing additional roads versus providing assessment relief on the policy. Motion was made by Councilmember Stein, and seconded by Councilmember Willis to leave the Street Reconstruction Policy as it currently is. With all members voting in favor, the motion carried. Council Coordinating Representatives The Council discussed the Council Coordinating Representatives for 2006 and noted that these appointments would be made at the Regular meeting following this meeting. In addition, it was noted that Councilmember Slavik would be appointed as the Deputy Mayor for 2006. Future Study Sessions Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to schedule a Joint Meeting with the Planning Commission on the Land Use Plan for Northwest Plymouth on March 9 at 7:00 p.m. In addition, the Council would conduct a meeting on the same subject on March 21 at 7:00 p.m. With all members voting in favor, the motion carried. Adjournment Mayor Johnson declared the meeting adjourned at approximately 6:58 p.m. Sandra R. Paulson, City Clerk Proposed Minutes Regular Council Meeting January 10, 2006 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:07 p.m. in the Black Box Theater, Plymouth Creek Center, 14800 34th Avenue North, on January 10, 2006. COUNCIL PRESENT: Mayor Johnson, Councilmembers Stein, Slavik, Hewitt, Bildsoe, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Deputy Fire Chief Kline, Finance Director Hahn, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Planning Manager Senness, Public Services Manager Qvale, Public Works Director Cote, Finance Manager Jacobson, Financial Analyst Kohn, Accounting Technicians Foss and Weitgenant, Accountant Ecker, and City Clerk Paulson. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Presentation of 2004 Certificate of Achievement for Excellence in Financial Reporting Mayor Johnson and the Council presented the 2004 Certificate of Achievement for Excellence in Financial Reporting to Finance Director Hahn and members of his staff who were in attendance. 4.02) Contribution from the Wayzata Hockey Association Greg Gibson, along with members of the Wayzata Youth Hockey Association, presented a check to the City in the amount of $60,000 for the third sheet of ice at the Plymouth Ice Center. Approval of Agenda Mayor Johnson removed item No. 9.1 from the agenda. Motion was made by Councilmember Black and seconded by Councilmember Bildsoe to approve the amended a egnda. With all members voting in favor, the motion carried. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 2 of 10 Consent AEenda Councilmember Black removed item No. 6.27, and Councilmember Slavik removed item No. 6.08, which became item No's. 8.3 and 8.4 respectively. Motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik to adopt the amended Consent Agenda that included the followingitems: ems• 6.01) Minutes of the Joint City Council/Planning Commission Meetings of December 6, 2005 and December 12, 2005, Special Council Meeting of December 13, 2005, and Regular Council Meeting of December 13, 2005. 6.02) Resolution Approving Disbursements for the Period Ending December 30, 2005 Res2006-001). 6.03) Resolution Setting Plymouth Metrolink Dial -a -Ride Fares (Res2006-002) 6.04) Resolution Amending and Restating Resolution No. B94-17 Adopted by the Board of Zoning Adjustments and Appeals on November 15, 1994 (Res2006-003). 6.05) Ordinance Amending Section 1206.04 of the Plymouth City Code Regarding Retail Liquor License Fees (Ord2006-01). 6.06) Ordinance Amending Chapter 8 of the Plymouth City Code Concerning Right -of -Way Management (Ord2006-02). 6.07) Ordinance Amending Chapters 10 and 11 of the Plymouth City Code Concerning License Fees and Massage Therapy (Ord2006-03). 6.08) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.4). 6.09) Resolution Designating Funding for Public Improvement Projects (Res2006-004). 6.10) Resolution Approving a Final Plat and Development Contract for Charles Cudd Company for "Bassett Creek Crossing," a Subdivision for 28 Multiple Family Dwellings and One Single Family Dwelling located at 10 Zachary Lane (2005 093 — Res2006-005) and a Resolution Adopting Assessments for Water Area Assessments for Bassett Creek Crossing (440 — Res2006- 006). 6.11) Resolution Approving Site Plan Amendment, Conditional Use Permit Amendment and Variances to allow an Addition at Plymouth Covenant Church located at 4300 Vicksburg Lane North (2005111 — Res2006-007). 6.12) Resolution Approving a Site Plan Amendment and Conditional Use Permit Amendment to allow Building Expansion at St. Philip the Deacon Lutheran Church, 17205 County Road 6 Proposed Council Minutes Regular Meeting of January 10, 2006 Page 3 of 10 2005133 — Res2006-008). 6.13) Resolution Approving 2006 Tobacco Licenses (Res2006-009). 6.14) Resolution Approving 2006 Amusement Licenses (Res2006-010). 6.15) Resolution Approving Gasoline Service Station Licenses for 2006 (Res2006-011). 6.16) Appointment of 2006 City Council Secretary. 6.17) Resolution Designating the Plymouth Sun Sailor as the City of Plymouth's Official Newspaper for 2006 (Res2006-012). 6.18) Appointment of 2006 Health Officer. 6.19) Resolution Appointing Official Depositories for City Funds for 2006 (Res2006-013). 6.20) Resolution Ratifying Surety and Blanket Bonds for City Employees for 2006 (Res2006- 014). 6.21) Resolution Approving the 2006 Pay Equity Implementation Report (Res2006-015) 6.22) Resolution Approving Amended Agreement for Legal Services provided by Campbell Knutson, Professional Association (Res2006-016). 6.23) Resolution Approving 2006 Membership Dues for Association of Metropolitan Municipalities and Municipal Legislative Commission (Res2006-017). 6.24) Resolution Appointing Council Coordinating Representatives and Representatives to Other Agencies (Res2006-018) and Resolution Appointing Deputy Mayor for 2006 (Res2006- 040). 6.25) Resolution Authorizing the Mayor and City Manager to Sign a Termination of Declaration of Covenants and Restrictions for Lots 1 and 2, Block 1, Woodview Heights 2002150 — Res2006-019). 6.26) Resolution Approving Change Order No. 1 for Vicksburg Lane Reservoir (3108 — Res2006-020) and a Resolution Approving Change Order No. 1 for Vicksburg Lane Pumping Station (3108 — Res2006-021). 6.27) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). 6.28) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for City Center Area Street Lighting Improvements (Res2006-022) and a Resolution Setting Hearing on Proposed Assessment for City Center Street Lighting Improvements (4143 — Proposed Council Minutes Regular Meeting of January 10, 2006 Page 4 of 10 Res2006-023). 6.29) Resolution Approving Agreement with Minnesota Department of Transportation for Existing Traffic Signal at Highway 55 and Revere Lane (5126 — Res2006-024). 6.30) Resolution Receiving Preliminary Engineering Report and Calling for a Public Hearing on 2006 Street Reconstruction Project, hemlock Lane, South Bass Lake, and Lost Lake (6101 — Res2006-025). 6.31) Resolution Ordering Preliminary Engineering Report for 2006 Mill and Overlay Project 6106 — Res2006-026). 6.32) Resolution Approving Cooperative Agreement for Aquatics Programs between Wayzata School District 284 and the City of Plymouth (Res2006-027). 6.33) Resolution Accepting Donation of Funds for Emergency Lighting and Sirens from the Plymouth Crime and Fire Prevention Fund (Res2006-028). 6.34) Resolution Adopting the National Incident Command System as the Basis for all Incident Management in the City of Plymouth (Res2006-029). 6.35) Resolution Promoting the Use of Intrastate Mutual -Aid Agreements (Res2006-030). 6.36) Resolution Approving Tobacco License for Smokies II Land, Inc., d/b/a Smokies II, 17405 County Road 6, Suite 100 (Res2006-031). 6.37) Resolution Approving Change Order on the Plymouth Creek Center Lower Level Res2006-032). 6.38) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Well No's. 7 and 12 Maintenance Project (5133 — Res2006-033). 6.39) Resolution Authorizing the Purchase of Eight New Current Model Replacement Police Squad Cars (Res2006-034). 6.40) Resolution Approving Municipal Recycling Waste Abatement Incentive Grant Agreement (Res2006-035). With all members voting in favor, the motion carried. Public Hearings 7.1) Vacation of Glen Grove Avenue (currently known as Harbor Lane within Glen Grove Acres) Proposed Council Minutes Regular Meeting of January 10, 2006 Page 5 of 10 Public Works Director Cote reported on the petitioned Vacation request of Landform, on behalf of Calhoun Development, to vacate Glen Grove Avenue as platted in Glen Grove Acres, currently known as Harbor Lane. Mayor Johnson opened the public hearing for testimony. There being no one present wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Black and seconded by Councilmember Bildsoe to adopt a Resolution Authorizing the Vacation of that part of Platted Glen Grove Avenue Right-of-WaX Contiguous to Lot 1, Block 1, Glen Grove Acres (Res2006-036) and a Resolution Setting Conditions to be met prior to filing of Resolution No. 2006-036 (Res2006-037). With all members voting in favor, the motion carried. 7.2) Second Compliance Check Violation of Asian Mill, Inc. d/b/a Tea House Chinese Restaurant Police Chief Goldstein stated this is the second alcohol compliance check violation for the Tea House Chinese Restaurant. He stated at the time of violation, the licensee wasn't part of the Best Practices Program. Therefore, according to the penalty grid, staff is recommending the $1,000 fine and a 10 -day license suspension. Mayor Johnson opened the public hearing for testimony. Police Chief Goldstein stated the violation occurred on September 30, 2005. An underage buyer wasn't asked to provide identification and was served alcohol. The defendant indicated that they normally ask for identification. The clerk who sold the liquor appeared in district court and pled guilty to a misdemeanor and paid a $300 fine. The licensee was notified by letter on September 30 of the violation. He noted that this instance was very similar to the October 3, 2004 compliance check violation. Joe Oliver, 8201 281h Avenue North, an employee of the Tea House, stated that no one paid for the liquor. He stated there is an ongoing language barrier issue. He stated customers who dine there speak their native tongue. He indicated that this is a complicated issue when it comes to the Best Practices training. He stated this couldn't be a new problem as there are other establishments in the City that have the language barrier issue. Mayor Johnson asked if they have had issues with other licenses from the State or County for their restaurant with the language barrier. Mr. Oliver replied there was some training that either the State or County provided where they had someone who spoke Chinese, Mandarin, and Cantonese. Mayor Johnson stated the City wants to encourage compliance with the underage law, but there needs to be some responsibility on the part of the licensees to ask for assistance if there are barriers. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 6 of 10 Councilmember Willis stated liquor is a regulated beverage, and the language barrier issue is not a City problem. The licensee needs to be familiar in doing that type of business. He stated he's puzzled that there is a problem with the serving of alcohol and the language barrier when there are meals that are being ordered. Mayor Johnson stated the employee acknowledged that he should've asked for identification, but he didn't. Councilmember Bildsoe asked about the procedural issue involving the exchange of money. Police Chief Goldstein stated that the threshold is that the underage buyer was served. The officer intercepted the scene and spoke to the manager on the situation, and the alcohol was seized as evidence. He stated Captain Franz advised him on the licensee's concern on the language barrier issue, which was just communicated to staff today. The Best Practices training materials are in English, but perhaps staff could look at other training, such as Internet methods and a testing method in lieu of hiring translators, which could be very costly. Staff hasn't faced this situation before. Councilmember Bildsoe commented perhaps the licensee should hire the translator. Mayor Johnson stated a licensee's wait staff must be able to understand English when people are ordering off the menu. She asked if there are any "hurdles" in staff's training. Police Chief Goldstein replied there is nothing complicated or sophisticated with the basic Best Practices training materials that are presented. Councilmember Hewitt suggested that perhaps staff should make accommodations for those licensees who don't speak English and work with other licensing entities. Mayor Johnson stated that staff wasn't made aware of this issue until today. Police Chief Goldstein stated there is a cost factor in providing interpreters, which staff would need to review. Councilmember Black stated when she visited China, she was informed that there are 200 dialects of their language. There are issues within that language itself, and it becomes quite complicated. She stated the City should work on this, as the culture is becoming more diverse. However, she is having a problem in that the wait staff of this particular establishment doesn't understanding English. She stated for the most part, a lot of this isn't difficult, as just the color of the drivers license indicates if the person is of drinking age or not. Mayor Johnson stated there are responsibilities in having licenses and businesses. There needs to be some understanding of the English language as well as the color of the driver's licenses for underage individuals. Mr. Oliver stated he and the licensee agrees with the Council's comments. He stated the Mandarin language is most common. If their establishment could join with other restaurants in Proposed Council Minutes Regular Meeting of January 10, 2006 Page 7 of 10 training that are also experiencing this issue that would be great as they could share in the cost of doing it. There being no one else wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made by Councilmember Willis and seconded by Councilmember Bildsoe to adopt a Resolution Imposing a $1,000 Fine and 10 -Day License Suspension (Res2006-038). With all members voting in favor, the motion carried. 7.3) Application of Asian Mill, Inc. d/b/a Tea House Chinese Restaurant, for On -Sale and Sunday Liquor Licenses City Clerk Paulson reported on the request of the Asian Mill, Inc. d/b/a Tea House Chinese Restaurant, for On -Sale and Sunday Liquor Licenses. She stated with the action of the previous item on this agenda, staff is recommending that action be resolved prior to the consideration of the new liquor licenses. Therefore, staff is recommending that the Council open the public hearing and continue it to January 24. Mayor Johnson opened the public hearing for testimony. Mr. Oliver reiterated the need for training for the licensee since they desire to serve hard liquor, as it relates to access to youth. Mayor Johnson stated that youth are at risk with liquor consumption, no matter what type of liquor application. There being no one else present wishing to appear before the Council, Mayor Johnson closed the public hearing. A discussion was held on the two recommended conditions on the licenses if they were approved which were that the licensee enrolls in the City's Best Practices Program immediately, and the licensee provides to the City a copy of their in-house training program for their wait staff on checking identification of patrons. Councilmember Slavik asked if the City were to deny these applications, how soon could the licensee reapply. City Attorney Knutson replied that there is no provision in the Statute that addresses that. He stated if the Council decided to reject the applications, a provision could be included in the findings of fact. Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe to direct the City Attorney to prepare findings of fact consistent with denial for the January 24 Council meeting based on tonight's discussion (noting two violations in the past two years) and to set a probationary period. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 8 of 10 Councilmember Slavik stated that she is concerned that there have been two violations in two years. Therefore, she supports a probationary period. Councilmember Stein stated that he wouldn't support that as he feels the Council would be penalizing them unfairly, compared to revocations of liquor licenses for four violations. Councilmember Black voiced her support for the motion and stated she would support a 12 - month probationary period. Councilmember Hewitt stated that she would prefer a six-month probationary period, and she feels that staff should work with them on the language barrier issue for training. Police Chief Goldstein stated that within the next six months, there be would another round of compliance checks, and then in another six months, there would be another round of compliance checks, for a total of two checks within 12 months. In addition, there would be a compliance check for their license suspension. Motion was made by Councilmember Black and seconded by Councilmember Slavik to amend the main motion to impose a 12 -month probationaryperiod with no violations and the licensee must become a member of the Best Practices Program. With all members voting in favor, the motion carried. The Council voted on the amended main motion, and with all members voting in favor, the motion carried. General Business 8.1) Membership Dues for I-494 Corridor Commission, Highway 55 Corridor Commission, and Minnesota Transportation Alliance City Manager Ahrens reported on the payment of annual dues to the I-494 Corridor Commission, Highway 55 Corridor Coalition, and Minnesota Transportation Alliance. Motion was made by Councilmember Hewitt and seconded by Councilmember Bildsoe to approve the payments. With all members voting in favor, the motion carried. 8.2) Change Order No. 1 for Plymouth Metrolink Station 73 Transit Facility (3125) Public Services Manager Qvale reported on proposed Change Order No. 1 in the amount of 64,500 for the new transit facility. She stated this change order is for furnishing, installing, and removing temporary H -pile and timber lagging earth retention system. The change is due to conflicts with the existing electrical and a Qwest multi -conduit telephone utilities vault including a significant fiber optic line that runs from Minneapolis to St. Cloud. She stated the contract amount of $4,360,000 would be increased to $4,424,500 with this addition. Contingencies for this project were estimated at $87,000 or 2% of the total construction cost. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 9 of 10 She noted there would be future change orders involving the relocation of sanitary sewer and water main under County Road 73, and correcting the soils on site. She stated because of the future change orders, staff requested additional funding from the Metropolitan Council, which would be the City's 2007 allocation of National Transit Database (NTD) funds in the amount of 250,000. She stated these funds could only be used for transit capital with a 20 -year life. She stated if the $250,000 were not required in its entirety for the project, the remaining balance would be used to reduce the City's transit fund contribution for this project currently budgeted at 580,000. Councilmembers voiced their frustration with the locations of the soil testing that were taken on site. Dave Selinsky, with LSA Design (City's project consultant), illustrated where the six soil borings were taken, and he stated the number taken is very typical for this size of a project. He stated once they poured the footings and discovered bad patches of soils, they noticed that it involved just a small pocket area. He stated that the whole site is being raised so there should be enough good soil to bridge the site. He indicated that there was no reason to believe that there was bad soil. He stated it would cost approximately $50,000 to repair the soils. Public Services Manager Qvale stressed that it's uncommon for the Metropolitan Council to advance future NTD funds for a current project. She stated in the past, the City has used these funds to construct neighborhood shelters and the shelter in the Reserve development. Motion was made by Councilmember Stein and seconded by Councilmember Hewitt to adopt a Resolution Approving Change Order No. 1 for Plymouth Metrolink Station 73 Transit Facility 3125 — Res2006-039). With all members voting in favor the motion carried. 8.3) Payment No. 9 and Final for Medicine Lake Water Quality Ponds (2037) Councilmember Black stated that she is concerned on the quality of the landscaping with this project and if there are any guarantees, especially this coming spring. Public Works Director Cote replied there is a one-year warranty period from the fall 2004. Councilmember Black stated she doesn't support these payments until she knows if the appearance of the landscaping is going to be better in the spring. Councilmember Willis stated he doesn't feel that it's appropriate to withhold payment to the general contractor if they have completed the physical construction, and there is a one-year warranty on the landscaping. He noted that there is also a maintenance bond on this entire project. Councilmember Black stated the new bushes were planted, but there are weeds and dirt in between them. She stated she is concerned that there would be erosion that would occur that would empty into the ponds, and then they'll have to be cleaned. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 10 of 10 Motion was made by Councilmember Willis and seconded by Councilmember Black to table this item to January 24 in order that project could be revisited by the City's consultant. With all members voting in favor, the motion carried. 8.4) Agreement for Use of Parking Lot at St. Philip the Deacon Lutheran Church as an Alternative Park and Ride Facility Councilmember Slavik requested that this item be tabled in order that the adjacent neighborhood could be notified. Motion was made by Councilmember Slavik and seconded by Councilmember Black to postpone this item until February 7 in order that staff could provide proper notification to the adjacent neighborhood. With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) (This item was removed from the agenda). Adiournment Mayor Johnson adjourned the meeting at approximately 9:20 p.m. Sandra R. Paulson, City Clerk Proposed Minutes Special Council Meeting January 17, 2006 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. in Meeting Room 2, of the Plymouth Creek Center, 14800 34`h Avenue North, on January 17, 2006. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Willis, and Black. ABSENT: Councilmember Bildsoe. STAFF PRESENT: City Manager Ahrens, Community Development Director Hurlburt, Finance Manager Jacobson, Financial Analyst Kohn, Park and Recreation Director Blank, Fire Chief Kline, Police Chief Goldstein, Public Works Director Cote, and City Clerk Paulson. Update Goals and Legislative Priorities The Council discussed the following goals and issues for study for 2006: 1. Continue Comprehensive Plan process 2. Implement street and utility maintenance and reconstruction program; refine funding strategies and continue to seek additional funding 3. Complete capital projects — public safety building expansion; water treatment plants, reservoir, Zachary Playfield reconstruction, Bass Lake Life Station, Transit Station 73 4. Advocate on transportation and transit issues and aggressively seek new, stable, and increased funding 5. Legislative priorities Issues for Study: 1. Consider options relating to high speed wireless services 2. Study new water quality improvement options as part of water quality plan updates Motion was made by Councilmember Black and seconded by Councilmember Hewitt to direct staff to prepare a Resolution adopting the above goals and issues for the January 24 Council meeting. With all members voting in favor, the motion carried. A discussion was held on a proposed amendment in 2006 to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. This item is proposed to be on the November 2006 General Election ballot. Motion was made by Councilmember Black and seconded by Councilmember Hewitt to adopt a Resolution in support of this amendment to the Minnesota Constitution (Res2006-041 j. With all members voting in favor, the motion carried. Proposed Council Minutes Special Meeting of January 17, 2006 Page 2 of 2 Motion was made by Councilmember Black, and seconded by Councilmember Hewitt to direct staff to prepare a resolution adopting this Legislative list of priorities for the January 24 Council meeting: 1. Local control 2. Levy limits 3. Market Value Homestead Credit 4. Transportation and transit funding 5. Emergency preparedness 6. Firefighter staffing 7. Affordable and life cycle housing 8. Clean Water funding 9. Sales tax exemption on local government purchases 10. Utility relocations 11. Cable franchise authority With all members voting in favor, the motion carried. 2006 Council Meeting Schedule City Manager Ahrens reported there is a conflict with the Board of Equalization meetings scheduled for April 4 and April 18. Motion was made by Councilmember Slavik and seconded by Councilmember to adopta Resolution Amending Resolution No. 2005-466 Establishing 2006 Regular Council Meeting and Board of Equalization Meeting Dates changing the Board of Equalization Meeting dates to April 11 and April 25 at 5:30 p.m. (preceding the Regular Council Meetings those evenings) and the Regular Council meetings would begin immediately after the Board of Equalization Meetings or at 7:00 p.m., whichever is later (Res2006-042). With all members voting in favor, the motion carried. Adjournment Mayor Johnson declared the meeting adjourned at approximately 8:50 p.m. Sandra R. Paulson, City Clerk Agenda Number: 6 , 0 a TO: 6 Laurie Ahrens, City Manager FROM: Larry Jacobson, Finance Manager SUBJECT: Disbursements DATE: January 17, 2006 for the City Council Meeting January 24, 2006 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending January 13, 2006. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending January 13, 2006. Anchor Bank General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS 463,407.85 1,208,595.89 1,140,693.29 291,005.89 3,103,702.92 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. w/1' Laurie Ahrens Invoice Expense Distribution for Period Ended 1/13/06 FUND 101 General Fund 190,959.79 201 Recreation Fund 13,722.96 202 Parker's Lake Cemetery Maint 0.00 203 Transit System Fund 258,685.77 204 Community Development Fund 0.00 205 Diasaster Donation Manage Grant 0.00 207 Economic Development Fund 0.00 208 Specialized Equipment Replacement 0.00 220 Comm Dev Block Grant Fund 39.33 250 HRA Section 8 Fund 290,650.89 251 HRA General Fund 355.00 302 GeneralObligation Refunding D/S 0.00 401 General Capital Projects Fund 8,367.15 402 Minnesota State Aid Fund 0.00 404 Building & Equipment Rev. Fund 610.00 406 Park Replacement Fund 0.00 407 Infrasturcture Replacement Fund 0.00 408 Project Administration Fund 0.00 409 City & Community Parks 0.00 410 Neighborhood Parks 0.00 411 Capital Improvement Fund 0.00 413 Community Park Acquisition 0.00 414 Neighborhood Park Acq/Dev 0.00 415 2003 Street Reconstruction 0.00 416 2004 Street Reconstruction 0.00 421 Utility Trunk Fund 0.00 422 Unfinanced Imp Construction 731,726.08 425 Shenandoah Housing Imp. Area 0.00 426 Shenandoah Administration 0.00 428 Activity Center/Fieldhouse 0.00 430 Public Safety Expansion 9,348.10 431 HRA Senior Apt. Constr Fund 458,544.56 440 Utility Trunk System Expansion 0.00 470 TIF # 7-1 (Const) 0.00 471 TIF # 7-2 O.S. (Const) 0.00 472 TIF # 7-3 P.O.S. (Const) 0.00 473 TIF #7-4 P.T.P (Const) 0.00 474 TIF Dev. Exp. Bonds 95 (Const) 0.00 475 TIF # 7-5 Rottlund (Const) 0.00 476 TIF #7-6 Continental (Const) 0.00 478 TIF #7-7 Stonecreek ('Const) 0.00 479 TIF #7-8 Shops @ Plymouth Creek 0.00 501 Water Fund 94,576.24 502 Sewer Fund 722,159.71 503 Solid Waste Management Fund 9,689.85 504 Recreation Facility Fund 11,002.84 505 Water Resources Fund 68,151.24 506 Activity Center Fund 0.00 507 Field House Fund 7,722.51 601 Central Services Fund 16,071.83 602 Central Equipment Fund 62,246.97 603 Risk Management Fund 43,501.58 604 Design Engineering Fund 0.00 605 Employee Benefits Fund 7,858.73 606 Information Technology Fund 53,923.52 607 Public Facilities Fund 43,788.27 720 Senior Housing Bond Trustee 0.00 730 1-494 Corridor Commission 0.00 Total Invoice Expense Distribution: 3,103,702.92 Check Register Date: 1/17/2006 Time: 9:48:31 AM COUNCIL REPORT - CHECK REGISTER 12/31/2005 Through 1/13/2006 Page l of 24 Vendor Name/ an-Dec06 Class Sft maint Invoice Amount Check # Check Amoul Invoice Description A & T Upholstery Co. 74.55 78923 74.55 E-31 &A-21 recover seats 1,140.00 78919 1,140.00 AE Sign Systems 8;032.98 78783 8,032.98 Proj2032 sinage 608.66 78778 608.66 AIM Electronics 922.00 78708 922.00 Start/stop parts/bb overlays 142.83 78920 142.83 ASCAP 1,046.00 78709 1,046.00 05 Bal/'06 Music Perf fee 565.67 78779 565.67 ASLET 06 Oie Membership 45.00 78921 45.00 ATOM 6 PD registr/Emotional Surviva 450.00 78780 825.00 5 PD registr/Emotional Surviva 375.00 ATOM 2.8/2.9.06 3 Registr/Personal 540.00 78922 540.00 Abdullahi, Hawa Jan06 Utility Reimbursement 81.00 78725 81.00 Accurint - Account # 1034558 Dec05 Background investigate 7.00 78781 7.00 Active Network Inc an-Dec06 Class Sft maint 8,939.76 78782 8,939.76 Adam's Pest Control, Inc. Dec05 PC Pest Control 74.55 78923 74.55 Advanced Security & Communic PC 6 indoor,3 outdoor cameras 8;032.98 78783 8,032.98 Akerman, Dmitriy Jan06 Section 8 Rent 922.00 78708 922.00 Akerman, Efim Jan06 Section 8 Rent 1,046.00 78709 1,046.00 All Star Sports Inc 36 -mouth guards $47.93 78924 $47.93 American CPR & First Aid Inc 11. 19.05 Infant&child CPR $210.00 78784 $210.00 American Fastener FrvX lix NUT/DR11.1, 811111 caw BOLT $138.33 78785 $138.33 http://cityintemal/asplasp_reportslfinance/cc_check.asp?sFromDate=12%2F31%2F2005&.. 1/17/2006 Check Register American Fastener Page 2 of 24 HX CAP SC $32.77 78925 $32.77 American Planning Assoc. Hurlburt 4.'06/3.31.07 Membrsh 375.00 78926 375.00 American Public Wks. Assoc. 06 10 Memberships/Cote,Cook, 1,300.00 78927 1,300.00 Ameripride 367.78 12.15.05 PCC towel service 30.13 78786 30.13 Amsave LLS 195.68 78930 195.68 Jan06 Section 8 Rent 1,106.00 78694 1,106.00 Amundson, Beth 23,377.00 78696 23,377.00 Park and Rec Refund 6.00 78787 6.00 Anchor Paper 209.03 78932 209.03 Laser labels full sheet 25.51 78928 25.51 Anderson Engineering of MN LLC PCC As build survey 335.25 78788 335.25 Anderson Krey, Cynthia Jul-Aug05 reimb cell calls 50.85 78808 50.85 Anderson, Charles & Helen Jan06 Section 8 Rent 515.00 78703 515.00 Anderson, Nancy 12.8 26 Mileage reimb 12.61 78862 24.31 12.29 Volunteer lunch at TGIF 11.70 Animals of Walton's Hollow 2.4.06 Dep Fire & Ice 734.00 79093 734.00 Aramark PW Service Charge 5.27 78789 373.05 11 reg,4decaf,I stirstx coffee 367.78 Aramark PC 4reg,2dcf,3sgr,3crm,cup, 195.68 78930 195.68 At the Lake Apartments Jan06 Section 8 Rent 23,377.00 78696 23,377.00 Auto Glass Specialists Inc. Unit 132 12.20.05 Windshield 209.03 78932 209.03 BAE Systems Park and Rec Refund $200.00 78990 $200.00 BCA/Bureau of Criminal Addl 11 FF background cks $55.00 78933 $55.00 Baldy Sanitation Co Dec05 FS 123 Rubbish Removal $265.10 78791 $265.10 Bass Lake Hills Townhomes Jan06 Section 8 Rent $5,245.00 78697 $5,245.00 Batteries Plus PD 20 3V Lithium coin $42.39 78792 $50.87 http://cityinternal/asp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31 %2F2005 &... 1/17/2006 Check Register PD 4 3V Lithium coin $8.48 Page 3 of 24 Baudville Inc 6pk Reward seal,6pk You Make t $103.35 78934 $103.35 Beaman, Charles 1an06 Section 8 Rent $808.00 78702 $808.00 Becker Arena Products Inc 2st blade edger $102.24 78935 $102.24 Begun, Vladimir 1an06 Section 8 Rent 1,127.00 78775 1,127.00 Berkley Risk Administrators Co Jan-Dec05 Admin fee 21,576.00 78793 27,206.00 04 Audit adjustment 5,630.00 Bird, Heath Menards/patrol bike hangers 25.43 78829 131.92 Target/Bike patrol bike racks 106.49 Blue Cross Blue Shield of MN 765.04 78799 1,450.87 11.14.05 Bone Density Screenin 840.00 78936 840.00 Bonestroo Rosene Anderlik 329.09) Proj3108 Nov05 10,313.87 78794 12,719.87 Prcj3132 NovOS 2,406.00 Boyer Trucks Core return 127.80) 78795 341.15 Wiper moto 141.06 Sleeve 254.51 FILTER ASY 44.56 Fltr asy f 28.82 Boyer Trucks Starter re 464.95 78937 265.26 Core return 199.69) Brighton Sandblasting Inc Unit 213,231,637 sandblast 5,200.00 78938 5,200.00 Brock White Company LLC 2-tufmat bndl aqu bl 417.45 78796 417.45 Brooklyn Printing 106 24,000 Utility rates 1,406.33 78797 1,406.33 Brown & Bigelow 300 Carabiner pens 332.69 78939 935.33 165 Lip Ice/setup chrg,art 602.64 Bryan Rock Products Inc 12.5/12.9 441.90tn Red BalLCL 6,852.35 78798 6,852.35 CDW Government Inc 5 Microsoft Access 2003 765.04 78799 1,450.87 1 Black box mini cat2 extndr 342.92 Cr inv VH23212 black box 329.09) 2 Black box mini CATS extndr k 672.00 CDW Government Inc ADO pagemkr $404.71 78940 $10,200.16 Monitor.digital scanner.Corel $1,089.63 Svmantcc antivirus2.18/2.18.07 $5_830.8S http://cityintemallasplasp_reports/finance/cc_check.asp?sFromDate=12%2F31 %2F2005 &... 1/17/2006 Check Register Page 4 of 24 MS GSa access 2003 153.01 1C Concession coffee resupply 15.00 78803 $1,056.86 Philips led black 273.69 78912 1,065.00 1 Corel Draw 12 286.02 IC Concession coffee resupply 57.92 Adobe Design,Photoshop,upgrd 1,516.57 78945 14,136.40 1 MS GSA SQL SVR STD 2005 645.65 CIGNA Behavioral Health 1,515.13 78946 1,515.13 JAn-Mar06 EAP 1,440.00 78941 1,440.00 CMS 44.31 78947 44.31 12.6.05 On site collections 90.00 78942 90.00 Cadd/Engineering Supply Inc 2 36"x500' 3" 20# bond @19.95 93.51 78800 15,451.26 Kip 3000 plotter copier/Eng 15,357.75 Cadd/Engineering Supply Inc 197724x36 Plot mylar prints 12,308.93 78943 12,308.93 Capital Property Management Jan06 Section 8 Rent 575.00 78738 575.00 Cedar Rapids Housing Services Jan06 Section 8 Rent $476.69 78701 $476.69 Century Fence Company Inc Proj5101 Chain link fence $1,739.00 78802 $1,739.00 Citrix Systems Inc 1C Concession coffee resupply 15.00 78803 $1,056.86 Jan-Dec06 Advantage Renewal 1,065.00 78912 1,065.00 City of Bloomington 206.31 IC Concession coffee resupply 57.92 061494 Comm Membership 14,136.40 78945 14,136.40 City of Maple Grove Nov05 Dog Impounds 1,515.13 78946 1,515.13 City of Plymouth/Sewer & Water Greenwood park 44.31 78947 44.31 City of Wayzata 98 Ford Ambulance title tmsf $17.50 78948 $35.00 02 Ford Taurus #329 title tm $17.50 City of Wayzata Purch registr police vehicle $23.50 79106 $23.50 Coffee Mill Inc 1C Concession coffee resupply 15.00 78803 $1,056.86 IC Concession coffee resupply 534.95 IC Concession coffee resupply 242.68 IC Concession coffee resupply 206.31 IC Concession coffee resupply 57.92 Construction Bulletin 06 Subsc renewal $209.00 78804 $209.00 Construction Engineering Lab Proj5101 10.26/11.25.05 $93.90 78949 $93.90 Crescent Electric Supply Co CABLES $62.17 78805 $62.17 Cub Foods /3550 Vicksburg Dec05 Food char -,c, 67 78950 5575.67 http://cityinternallasp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31 %2F2005&... 1/17/2006 Check Register Cushman Motor Co., Inc. Page 5 of 24 Left/right skid shoe,cut edge $418.91 78806 $418.91 Custom Headsets Inc. Cordless hdset Mara/earhanger 522.81 78807 851.90 R Michaud cordless hdset 329.09 78810 1,254.00 Custom Headsets Inc. CD coil cord repair 68.98 78951 892.12 Hofstedt/Nelson cordless hdset 823.14 Cwayna, Sara 962.92 78956 1,664.17 11.21/12.29 79 Mileage Reimb 38.32 78888 38.32 DJB Futures Inc Jan06 Section 8 Rent 496.00 78704 496.00 Dalbec Roofing Inc 11.29/12.1 FS 1 roof leaks 893.51 78809 1,400.06 12.1 FS3 roof leak repairs 506.55 Dalco FLAT HI D CAN LINERS $520.51 78952 $520.51 Damarco Solutions LLC 418 MSDS Hazard Communication 1,254.00 78810 1,254.00 Data Recognition Corporation Dec05 UB postage 3,019.34 78954 3,019.34 Designwrite Studios Jan06 Financial Extra 962.92 78956 1,664.17 Jan-Feb06 Plymouth News 701.25 Doubletree Hotel Albuquerque T Oie/1.16/1.21.06 ASLET 501.74 78811 501.74 Dukes, Fredrika Jan06 Section 8 Rent 865.00 78717 865.00 Dundee Nursery&Landscaping Co. Flowers/Dave Taylor 43.13 78812 120.75 Flowers/Henry Loesch 67.10 Liq plant food/deco tree sm] p 10.52 Dundee Nursery&Landscaping Co. Flowers/Lucille Black 67.10 78957 67.10 Dynamex 12-13 DESIGN WRITE STUDIOS $27.77 78813 $27.77 Dynamex 12-20/12-20/12-21 DESIGN WRITE $137.34 78958 $137.34 Dynamic Imaging Systems Inc Jan-Dec06 Picturelink mnt/sprt $3,640.10 78913 $3,640.10 EESCO United Electric 20 HUB $338.46 78959 $338.46 ESS Bros. 4 307 Sanitary I id only $421.74 78814 $421.74 ESS Bros. http://cityinternal/asp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31 %2F2005&... 1/17/2006 Check Register Page 6 of 24 Cl ADJ RING $585.75 78960 $585.75 Earl F. Andersen, Inc. White narrowcade stand/signica 891.84 78815 1,247.47 24x24 addl parking 141.86 RELAMP GREEN LED 36TH @ VICKSB 97.00 4-24x24 color attention 213.77 78719 615.00 Earl F. Andersen, Inc. 25-SIGNS/STOP AHEAD/DON NOT EN 1,063.96 78961 1,063.96 Econoline Trailers Inc 12ton Decal kit 33.33 78816 33.33 Egan Oil 8502gl unleaded @ 1.6185 15,707.45 78962 15,707.45 Elan Financial Services IL 18/12.16 GFOA registr,Masla 6,043.49 78801 6,043.49 Electrical Installation & Mnt 2,265.90 RELAMP GREEN LED SCHMIDT LK RD 210.14 78963 $494.14 LIGHTS OUT TH 55 & VICKSBURG 90.00 RELAMP GREEN LED 36TH @ VICKSB 97.00 OH YELLOW NB VICHSBURG @ 35 97.00 Elm Creek Watershed Mgmt Comm 06 Operating budget $7,754.79 78817 $7,754.79 Embedded Systems Inc. Jan-Jun06 9 Siren maint 2,265.90 78711 2,265.90 Evenson, Gerald Jan06 Section 8 Rent 615.00 78719 615.00 Express Messenger 12.19.05 Attomey P/U 18.90 78964 18.90 FSH Communications LLC Jan06 3 Park pay phones 175.06 78965 175.06 Farris, Roberta Lynn Payroll Generated Invoice 443.54 79057 443.54 Fernbrook Townhomes Jan06 Section 8 Rent 12,068.00 78714 12,068.00 Fire Engineering /IVO Address 06 Subsc Renewal 30.00 78966 30.00 Fire Soccer Club Park and Rec Refund 26.72 78818 26.72 Firehouse 06 Fire Subscription mwl 30.00 78967 30.00 Flemming, Tim & Holly Jan06 Section 8 Rent 971.00 78771 971.00 Four Seasons Estates Jan06 Section 8 Rent 17,807.00 78715 17,807.00 Four Seasons Villa Jan06 Section 8 Rent 442.00 78716 442.00 http://cityinternallasp/asp_reports/financelcc_check.asp?sFrornDate=12%2F31 %2F2005&... 1/17/2006 Check Register Page 7 of 24 Frana and Sons Inc Proj5108 #4 Vcksbrg crossing $454,695.41 78968 $454,695.41 G & K Service Inc Public Works Uniform Rml $444.42 78819 $444.42 G & K Service Inc PUBLIC WORKS UNIFORM RNTL $440.04 78969 $440.04 GASB 5355002/bal owed'05 Codifrcat 25.00 78820 25.00 GS Direct Inc 136x40Y IJfrlm 4 mil/eng 154.88 78821 154.88 Garrison, Brenda Jan06 Utility Reimbursement 18,00 78700 18.00 Gartner, Denise A Jan06 Section 8 Rent 1,048.00 78707 1,048.00 Gezunterman, Matvey Jan06 Section 8 Rent 582.00 78745 582.00 Goldner Associates 260 Star clip memo holders 490.48 78972 490.48 Gopher Sftbl bases,orange,homeplate, 121.42 78973 121.42 Govern Software Inc Jan-Dec06 Mass Apr,Land mgmnt, 31,357.42 78822 31,357.42 Government Finance Off. Assoc. 06 3 Memberships/Hahn,Ecker, 535.00 78721 535.00 Grafix Shoppe 20 E31 pumper truck graphics 1.454.00 78823 2,908.00 19 A21 Aerial truck graphics 1,454.00 Grainger Spotlight portable 47.88 78824 799.36 Valve closet 3.5 gpf 123.17 EXIT SIGN 207.80 BATTERY 19.67 SNOW PUSHER 60.55 2 -Paint aluminum I g 80.90 Extension cord 25ft 165.95 Strap one hole pk10 18.36 2-Car/truck wash 5g 75.08 Grainger UTILITY HEATER 297.14 78974 412.55 WHEEL BRUSH 8" 18.58 UNIV JOINT/SOCKET/EXT IMPACT 78.04 V belt 50" 18.79 Gray, Shaun Jan06 Section 8 Rent $1.103.00 78764 $1,103.00 Greupner, Karol J Target/5 66grt box,storage for $37.28 78839 $37.28 Gridor Construction Inc Proj41 16 Prue 111(, R:i<: I_k 1 _079 00 78975 $3.52,079.00 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFromDate=12`/o2F31 `/`2F2005&... 1/17/2006 Check Register Page 8 of 24 Grigoryants, Alla Jan06 Section 8 Rent $908.00 78693 $908.00 GroundsCare Inc. Dec05 Snowplowing $1,400.00 78825 $1,400.00 H & L Mesabi Inc. 3,707.77 78828 $7,183.23 3,475,46 Healthfund of Minnesota 14 1x6 RH Embedded curb runner 2,512.34 78976 2,512.34 HP - equipment 50.00 Payroll Generated Invoice 5.00 I HP Proliant,2 Univ HD 3,592.25 78831 3,592.25 Hach Company 2.00 Payroll Generated Invoice 1.00 Sample cells,rochelle salt,alk 384.14 78826 384.14 Haigh, Todd 4.85 Jan06 Section 8 Rent 344.00 78772 344.00 Hamel Lumber and Supply Inc DecO5 Hardware supplies 11.47 78827 513.51 Dec05 Hardware supplies 14.64 Dec05 Hardware supplies 216.55 Dec05 Hardware suppies 22.74 Dec05 Hardware supplies 43.35 Dec05 HArdware supplies 10.43 Dec05 Hardware supplies 51.51 Dec05 Hardware supplies 6.87 Dec05 Hardware supplies 14.50 Dec05 Hardware supplies 46.82 Dec05 Hardware supplies 31.29 Dec05 Hardware supplies 11.37 Dec05 Hardware supplies 6.26 Dec05 Hardware supplies 25.71 Hanbery & Carney PA 12.15 Hasman Crime Free Multi 175.00 78977 175.00 Hasler Inc Jan-Mar06 Pstge Meter rental $305.12 78724 $305.12 Hawkins Water Treatment 4786gl Sodium Hypochl @.7674 4486-1 Sodium Hypochlorite 3,707.77 78828 $7,183.23 3,475,46 Healthfund of Minnesota Payroll Generated Invoice 2.00 78978 $120.73 Payroll Generated invoice 7.00 Payroll Generated invoice 50.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 39.88 Payroll Generated Invoice 2.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 4.85 Hellmer, Robin Lea Jan06 Section 8 Rent $370.00 78757 $370.00 Hendrickson, Gary F'05 Tuition Reimb $1,200.00 78970 $1,200.00 Hennepin Co Environmental Hlth Feb06/FebO7 Pavilion food lic $140.00 78727 $140.00 Hennepin County AW 48121 Dec05 2.83tn %Va;te l laul S !39.;5 78979 $139.55 http://cityinternal/asp/asp reports/finance/cc_check.asp?sFromDate=12%2F31%2F2005&... 1/17/2006 Check Register Page 9 of 24 Hennepin County Treasurer/Misc Proj5126 bal owed util permit 480.00 78830 480.00 Hewlett Packard/m aint-su p port 12.20/1.19.06 Uniform t maint 1,005.05 78980 1,005.05 Highway 55 Rental 17" BLACK/GREEN 25.40 78981 25.40 Hintermeyer, Paul Jan06 Section 8 Rent 870.00 78752 870.00 Holiday Fleet 11.28/12.19 E-85 charges 243.41 78832 243.41 Holt Motors Inc Module 185.13 78833 287.56 Valve/core chg 102.43 Home Depot 11.28/12.27.05 Hardware Charge 2,942.34 78982 2,942.34 Hopkins Parts Co. DEC05 EQUIPMENT REPAIR 125.03 78834 990.23 Dec05 Equipmentrepair 100.05 Dec05 EquipmentRepair 53.42 Dec05 EquipmentRepair 49.50) Dec05 EquipmentRepair 225.42 Dec05 EquipmentRepair 49.50) Dec05 Equipmentrepair 88.34 Dec05 EquipmentRepair 23.05 Dec05 EquipmentRepair 88.34 Dec05 EquipmentRepair 11.44 Dec05 EquipmentRepair 20.97 Dec05 EquipmentRepair 30.48 Dec05 EquipmentRepair 118.51 Dec05 EquipmentRepair 13.67 Dec05 EquipmentRepair 49.50) Dec05 EquipmentRepair 44.73 Dec05 EquipmentRepair 28.52 Dec05 EquipmentRepair 88.34 Dec05 EquipmentRepair 29.02 Dec05 EquipmentRepair 34.99 Dec05 Equipmentrepair 6.38 Dec05 Equipmentrepair 8.03 Houg, James 1an06 Section 8 Rent 849.00 78736 849.00 Housing Auth County of Cook 1an06 Section 8 Rent 828.69 78728 828.69 Housing Auth Dekalb County 1an06 Section 8 Rent 3,346.76 78729 3,346.76 Hutt, Denise F'05 Tuition reimb $1,200.00 78955 $1,200.00 Hydrant Specialist 3651 Lancaster Ln/hydrant cut& $587.50 78835 $587.50 Hydro Metering Technology 12 -model 35 ci hsing bottom/6- $206.72 78836 $962.87 2-sensus ecr reg 2-3 srh/50w s $756.15 TAPE 06 Youne Membership 100.00 78983 550.00 http://cityintemal/asp/asp_reports/finance/cc_cheek.asp?sFromDate=12%2F31 %2F2005&... 1/17/2006 Check Register Page 10 of'24 Ice Skating Institute 06 Char Martin Membership 325.00 78984 325.00 Iliarski, Elena & Boris 81.86 Jan06 Section 8 Rent 746.00 78710 746.00 Image Trend Inc Dec05 Hire Touch 195.00 78985 195.00 Ind School Dist 284/CK ADDR Dec05 Bldg use 342.50 78986 342.50 Infrastructure Tech, Inc. 15pin w/light y-Elimator 150.54 78987 150.54 Inside the Tape 3 Registr/Lyn ch,Kroeger,Gebhar 675.00 78837 675.00 Intl Assoc Fire Chiefs/CK ADR 06 Kline Membership 170.00 78733 170.00 Intereum Inc Proj3108 21 sz B aeron chairs 13,901.57 78988 13,901.5,7 Irwin, James Jan06 Section 8 Rent $962.00 78737 $962.00 J. H. Larson Electrical Co. 6-150w coated med base 13.75 78838 333.45 6-Hml ge 150par 81.86 24-Syl 150OW t-3 qtz 237.84 Jackson, Tamica Jan06 Utility Reimbursement 81.00 78768 81.00 Jacobson, Larry Airfare Quebec GFOA conf 5.7.0 590.14 78846 590.14 James, Shanika Jan06 Utility Reimbursement 30.00 78763 30.00 Jerry, Alisha 06 Utility Reimbursement 29.00 78692 29.00 Johannessen, Kim NovO5-Jan06 HAP 2,294.00 78840 2,294.00 Johnson, Darin Jan06 Section 8 Rent 956.00 78735 956.00 Johnson, Gretta Jan06 Utility Reimbursement 52.00 78723 52.00 Johnson, Rick Dec05 3 Deer calls 285.00 78884 285.00 Johnson, Roger L Jan06 Section 8 Rent 1,068.00 78758 1,068.00 Jusezak, Kurt L Jan06 Section 8 Rent $1,087.00 78741 $1,087.00 Kharam, Gennadiy http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31%2F2005&..e 1/17/2006 Check Register Page 1 1 of 24 Jan06 Section 8 Rent 486.00 78718 486.00 Kirchner, Linda 3,029.94 78993 3,029.94 Park and Rec Refund 20.00 78991 20.00 Kline, Richard 825.00 78713 825.00 12.30.05 Chief Fire OR Design . 350.00 78883 350.00 Knapton, Melanie 160.65 78843 160.65 12.31.05 NY event lifeguard 50.00 78856 50.00 Knoll Inc 16,401.00 78844 16,401.00 Proj3134 Furniture 6,388.40 78841 6,388.40 Krainev, Vladimir Jan06 Section 8 Rent $500,00 78776 $500.00 Kremer Spring & Alignment Inc Unit 19 Engine 31 body repair $7,927.83 78842 $7,927.83 Kremer Spring & Alignment Inc Unit 20/body repair work $8,813.03 78992 $8,813.03 Kris Engineering Inc 6 3/4x5x3',5 3/4x5x4' Curved c 3,029.94 78993 3,029.94 Krivanova, Eugena Jan06 Section 8 Rent 825.00 78713 825.00 L 3 Communications 14.89 3 mount crown vie OHC 160.65 78843 160.65 LSA Design, Inc. 129.50 78995 1,104.64 Proj3125 Nov05 CR 73/55 16,401.00 78844 16,401.00 LaPointe, Kathy 13.14 Jan06 HAP 1,302.00 78918 1,302.00 Lacrosse Unlimited 12.27/12.28 Intro Camp lacross $690.00 78845 $690.00 Laidlaw Transit Services Inc Dec05 DAR/Metrolink transit $175,912.20 78994 $175,912.20 Lakeview Commons Jan06 Section 8 Rent $28,675.00 78726 $28,675.00 Lancaster Village Apartments Jan06 Section 8 Rent 6,061.00 78742 6,061.00 Lauer, Dan Home Depot/spray paint 5.29 78953 20.18 1.3/1.4 Radioshack/1 25',1 1T 14.89 Law Enforce Labor Serv./Union Payroll Generated Invoice 129.50 78995 1,104.64 Payroll Generated Invoice 777.00 Payroll Generated Invoice 13.14 Payroll Generated Invoice 148.00 Payroll Generated Invoice 37.00 League of MN Cities Ins Trust 0547 7.19.05 accident 1,108.27 78847 1,108.27 httpe//cityinternal/asplasp_report.s/financelcc_check. asp?sFromDate= l 2%2F31 %2F2O05&., . 1/171/2006 Check Register Page 12 of24 Lee, Dan 1an06 Section 8 Rent $1,230.00 78705 $1,230.00 Leiseth, Chris F'05 Tuition Reimb $1.200.00 78944 $1,200.00 Let's Get Graphic 87"x12' Fire&Ice banner $439.85 78996 $439.85 Leuer Farms I2.30.05 Snowplowing $25,998.38 79077 $25,998.38 Lynn Peavey Company 300 Evidence bags $96.40 78848 $96.40 Lynn and Associates 12.9/12.21.05 Adm Sery Directo $950.00 78997 $950.00 NIP ELRA/ckaddress 06 Sobania Membership $150.00 78849 $150.00 MPELRA/ckaddress Sobania/Conf registr 2.1/2.2.0 $50.00 78914 $50.00 M S S A /MN Str Superintendent 06 Vetsch,Smith Membership $70.00 78850 $70.00 MES Inc BOOTS 9 & 10 CHIEF STORMKING $253.03 78851 $114.90 Motorola Intercom,cable,headse $2,146.74 Cr inv 3I8775/reinvoice ($2,284,87) MI A MA 06 Abel Membership $125.00 78998 $125.00 MN AFSCME Council #5 Payroll Generated Invoice 15.21 Payroll Generated Invoice 12.16 Payroll Generated Invoice 30.42 Payroll Generated Invoice 12.16 Payroll Generated Invoice 12.16 Payroll Generated Invoice 76.05 Payroll Generated Invoice 60.84 Payroll Generated Invoice 30.42 Payroll Generated Invoice 30.42 Payroll Generated Invoice 41.64 Payroll Generated Invoice 12.16 Payroll Generated Invoice 217.05 Payroll Generated Invoice 12.16 Payroll Generated Invoice 33.64 Payroll Generated Invoice 30.42 Payroll Generated Invoice 16.82 Payroll Generated Invoice 11.44 Payroll Generated Invoice 50.44 Payroll Generated Invoice 252.30 Payroll Generated Invoice 60.84 Payroll Generated Invoice 20I.84 Payroll Generated Invoice 16.82 Payroll Generated Invoice 12.76 Payroll Generated Invoice 65.67 Payroll Generated Invoice 12.16 Payroll Generated Invoice 106.47 Payroll Generated Invoice 9.1 Payroll Generated Invoice 24.32 Payroll Generated Invoice 91.26 Payroll Generated Invoice 15.21 Payroll Generated Invoice 12.16 Payroll Generated Invoice 12.16 craIwd Invoice 0 1 Patron (icncsated Invoice S24.32 79000 2,004.87 http://clty ntemallasp/asp_reports/financelcc_check.asp?sFromDate=12%2F31%2F2005&... 1/17/2006 Check Register Page 13 of 2.4 Payroll Generated Invoice 16.82 Payroll Generated Invoice 24.32 Payroll Generated Invoice 76.05 Payroll Generated Invoice 45.63 Payroll Generated Invoice 136.89 Payroll Generated Invoice 36.48 Payroll Generated Invoice 15.21 MN Assoc Gov't Communications 34.93 06 Membership 60.00 79001 $60.00 MN Assoc for Volunteer Admin 2.2.06 N Anderson workshop 25.00 79002 $25.00 MN Child Support Payment Ctr Payroll Generated Invoice $455.00 79003 $1,555.59 Payroll Generated Invoice $902.16 Payroll Generated Invoice $198.43 MN Crime Prevention Assoc 06 Gottwald Membership 40.00 78743 40.00 MN Environmental Fund Payroll Generated Invoice 5.00 79004 34.93 Payroll Generated Invoice 7.00 Payroll Generated Invoice 1 00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 1.93 MN GFOA / CK ADDRESS 06 4 Membership/Jacobson,Kohn 160.00 79005 160.00 MN Juvenile Officers Assoc Grande,Hulgtren conf registr 390.00 78852 390.00 MN Legal Register 06 MN TAx Court Decisions 75.00 79007 75.00 MN Metro Fire Officers Asse 06 Kline Membership 100.00 79017 100.00 MN NCPERS Life Insurance Jan06 Empl ife Insurance 1,570.00 78853 1,570.00 MN Pollution Control Agency 6 Registr/1.25/1.27 Collection 1,620,00 79008 1,620.00 MN Recreation & Park/CK ADDR 06 Agency+l2 Staff Membership 1,595.00 78744 1,595.00 MN Recreation & Park/CK ADDR 06 18 Bskbl team registration $288.00 79009 $288.00 MN State Treasurer Dec05 Bldg Permit Surcharge $4,693.46 79010 $4,693.46 MN Transportation Alliance 06 Membership $1,140.00 79011 $1,140.00 MN Visiting Nurse Agency 1'0, 0; 2 Fin au'llions ;S 00 79012 $38.00 http://cityinternal/asplasp_reports/finance/cc check.asp?sFromDate=12%2F31%2F2005&... 1/17/2006 Check Register Page 14 of24 MNVOAD 148.77 79054 $148.77 2PR BOOT FASCHINGE & BERENNAN 187.50 78857 $210.24 3 Registr-Beckstrom,Williamson 45.00 78854 45.00 MacQueen Equip. Inc 715.00 79016 $715.00 Metro Transit/Metrolink 323.55 BELT CONVEYOR KIT 590.32 79013 918.53 DIRT SHOE PLATE/CLAMP ANGLE 328.21 Maple Crest Landscape LLC 12.14/12.16 Snowplowing 150.00 79014 150.00 Marin Consulting Assoc. Johnson/Swiatk"Performance & 480.00 79015 480.00 Master Repair Inc IC Concess freezer repairs 332.65 78855 332.65 Matt, Kimberly Jan06 Utilitv Reimbursement 29.00 78740 29.00 Matthews, Samella Jan06 Utility Reimbursement 38.00 78759 38.00 Mazo, Gregory Jan06 Section 8 Rent $792.00 78722 $792.00 Metro Fire 148.77 79054 $148.77 2PR BOOT FASCHINGE & BERENNAN 187.50 78857 $210.24 Safety strap Akron Mercury mon 22.74 Metro Fire 141.45 5 660C Metro Fbrgls helmets 715.00 79016 $715.00 Metro Transit/Metrolink 323.55 Nov05 Metro Transit 68,606.61 78858 $68,606.61 Metrocall Jan06 3 SW pager rental $32.98 78790 $32.98 Metrocall Dec05 PD 36 pager rental $274.51 78931 $417.09 11.22/1.2126 RAD pager rental $130.52 Jan06 1 WR pager rental $12.06 Metropolitan Council -Waste Jan06 Wastewater service $348,730.57 78859 $348,730.57 Michaud, Regina 12.28/12.30 Sams/Party America 148.77 79054 $148.77 Midwest Coca-Cola 3,849.15 79019 $3,849.15 IC Concession pop resupply 297.70 79018 $1,434.90 IC Concession pop resupply 141.45 1C Concession pop resupply 672.20 IC Concession pop resupply 323.55 Miller Hanson Partners Proj5108 Dec05 Archit fees 3,849.15 79019 $3,849.15 Minnesota Glove & Safety Inc 30 safety gloves, 18 lining 281.69 79020 $281.69 Minnesota NAHRO 06 6 MembershipsBarnes,Hutt 150.00 79021 $325.00 06 Aacncy Membership 175.00 http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=12%2F31 %2F2O05& o.. 1/17/2006 Check Register Page 15 of 24 Minnesota Roadways R200515155 9.28.05 erosion ref $1,000.00 79022 $1,000.00 Minnesota/Wisconsin Playground 2pr 18",lpr 24' soccer nets,2s $1,344.08 78860 $1,344.08 Missaghi, Shane F'05 Tuition reimb 1,400.00 79068 1,400.00 Mobile Lock And Safe Co. 380.00 NAPA Geniune Auto Parts Co PW 3 storeroom Yale mortise 1,264.16 78861 1,945.61 Proj2032 10 panic bar,rekey,la 681.45 78971 Mobile Lock And Safe Co. Nathe-Stewart, Susan PD 12 Medeco keys 140.58 79023 1,539.63 IC Sargetn tzone lever 493.86 34.00 PW 9 Medeco keys 71.89 WTPI 3 mortise cylinders.I rim 679.36 442.71 12 common,8 sectional keys,5co 98.56 Wat hyd gasket lipped/drain pi 2 LCN arms,2 shoes 55.38 Mpls Area Assoc of Realtors Jan-Mar06 MLS Access $75.00 79024 $75.00 Mpls Public Housing Auth Jan06 Section 8 Rent $4,028.07 78748 $4,028.07 Muckala, Toni Denise Jan06 Section 8 Rent $758.00 78773 $758.00 Muzak Jan06 Muzak $68.33 79025 $68.33 Myers, David John Jan06 Section 8 Rent 380.00 78706 380.00 NAPA Geniune Auto Parts Co IC mirror 3.07 78971 3.07 Nathe-Stewart, Susan Dec05/JanO6 URP 34.00 79082 34.00 National Waterworks Inc Main vlv/hyd thrust ring/nut o 442.71 78863 922.90 Wat hyd gasket lipped/drain pi 480.19 National Waterworks Inc WAT VALVE SEAT W/ORING 251.49 79026 1,073.50 NUT BUSHING/VALVE SEAT 347.34 DRAIN PLUGGER/BUSHING WB 474.67 Neumann's Enterprise 12.13 12840 28th Ave ditch rst 2,105.00 78864 5,559.91 Oakview Ln/ditch restore 3,454.91 Nevelskiy, Vadim Jan06 Section 8 Rent 1,202.00 78774 1,202.00 Newberger, Scott Green Expo 2 registr/parking 27.00 79066 27.00 Noble Wear Apparel 29 staff vest/pro-, 209/087 298.92 79028 298.92 Norsan 2 -Squeegee window 22" $34.61 7886) N'.61 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFromDate=12%2F31%2F2005&... 1/17/2006 Check Register Page 16 of 24 Norsan Jan06 Section 8 Rent 749.00 78698 $749.00 HANDSOAP-5 IC 368.76 79029 368.76 North American Salt Co 88.97 REFILL BINDER 11.54 12.8/12.9 372.60tn Hwy salt 14,765.65 78866 25,392.06 12.12 217.15tn Hwy Salt 8,605.35 GEL PEN/BP PENS 9.15 12.8 26.82tn Hwy salt 1,062.84 POST IT/BINDER CLIPS/NOTE PAD/ 112.87 12.13 24.18tn Hwy Salt 958.22 LETTERING TAPE/GRB' HI.DR/ERASE 32.10 North American Salt Co 59.54 24 binders 63.96 12.20 74.02tn Hwy salt 2,933.31 79030 16,270.73 12.19 336.56tn Hwy salt 13,337.42 9pk singfold towel Northwest Lasers Inc IND BATTERY/CORK "TAPE/GLIISTK 137.19 BLUE PAINT/FLO PK PAINT 265.15 79031 265.15 Nyagwansa, Jane 79.77 PENS -6 Dec05-JanO6 HAP 1,582.00 78989 1,582.00 Nyangoka, Samson Jan06 Section 8 Rent 415.00 78691 415.00 Jan06 Section 8 Rent 1,380.00 78760 1,380.00 OPR Limited Partnership 630°00 Jan06 Section 8 Rent 13,753.00 78750 13,753.00 Oakwood Apartments Jan06 Section 8 Rent 749.00 78698 $749.00 Office Depot 531.19 ENVELOPES 8.92 78867 $652.35 MRKR/CALL LOG/CLNR/KLNX/ENV'S 88.97 REFILL BINDER 11.54 PROCELL BATTERY 239.24 WIPES/FILE JACKET/TRANSP 56.48 POCKET FILE/HANG FLDR 19.76 GEL PEN/BP PENS 9.15 BLUE CERTIFICATE 2.80 POST IT/BINDER CLIPS/NOTE PAD/ 112.87 CRYSTLGELMSEPD 10.98 LETTERING TAPE/GRB' HI.DR/ERASE 32.10 DRAWER/STAPLER/PENCIL SHRPNR/P 59.54 Office Depot CR #318663298 PENCIL #2 19.08) 79032 531.19 ALUM CLIPBOARD 24.73 TAPE CART/CORK PEN 46.02 PENCIL #2 5.71 BINDER CLIPS 4.73 VUE BINDER 3RG 24.92 Return 11 binders 54.12) 11 -binders 54.12 11 -binders 54.12 24 binders 63.96 CC labels 3.56 CC labels/Isr labels 23.69 9pk singfold towel 48.82 IND BATTERY/CORK "TAPE/GLIISTK 137.19 DESKTOP PAD 17.50 PAPER CLIPS/LTR FLDR/PERF PAD 79.77 PENS -6 15.55 Olchanski, Alex Jan06 Section 8 Rent 415.00 78691 415.00 Old Log Theatre 1. 12.06 24 Murder at Howie J 630.00 78868 630°00 On Site Sanitation http://cityintemallasp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31%2F20O5&-,, 1/17/2006 Check Register Page 17 of 24 H.19/12.16 Dog park $55.50 79033 $285.17 12.16.05 Ridgemount plyfld $1.99 11.19/12.16 Parkers Lk bch 1 $227.68 Open Your Heart Payroll Generated Invoice 1.00 79034 19.00 - Payroll Generated Invoice 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 5.00 Orbit Courier 12.28.05 Fr RDO Equip 35.21 79035 35.21 Otis Elevator Co. Jan-Mar06 CC Elev maint 538.35 79036 538.35 Otis Spunkmeyer Inc IC Concession cookie dough 201.04 79037 201.04 Owens Services Inc. PC Snowmelt system 3,384.99 79038 4,699.30 PC Wirsbo piping 1,314.31 PAM Oil Drum chg/mallory hot shot snow 145.56 78869 691.30 AC belt 12.05 AC BATTERY 129.04 AC CORE CHG CREDIT 79.88) AC pump 156.61 AC blade/filter/air filter 40.64 AC pad kit/filter/oil filter/s 160.00 HD oil filter/element 35.78 AC oil filter 91.50 PAM Oil AC rotor/pad kit 190.15 79039 917.09 AC FILTERS 16.13 AD PAD KIT 59.94 Wipe off 55 gal 31.95) AC BATTERY -6 429.71 AC PAD KIT/WINTER BLADES 180.07 AC oil filter 22.62 AC trans filter 50.42 PETtrac K-9 Jake MicroChip registr 15.00 78870 15.00 Palen, Jos F Jan06 Section 8 Rent 2,541.00 78739 2,541.00 Park Bus Company 12.16.05 Orpheum Theater $318.00 78871 $318.00 Park Construction Proj4142 #3 Revere Ln Extns $24,029.97 79040 $24,029.97 Park Nicollet Clinic 10 10/11.21 Empl Phys,MRo's $348.88 78872 $348.88 Park Place Apartments Jan06 Section 8 Rent$1,944.00 78712 $1,944.00 Park Plumbing 535 Juneau return meters $161.00 78873 $161.00 http://cityintemallasp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31%2F2005&e_. 1/17/2006 Check Register Page 18 of 2.4 Parkside Apartments Jan06 Section 8 Rent $17,844.00 78751 $17,844.00 Party America 179584 12.8.05 charge $21.20 79027 $21.20 Pearson, Scott Jan06 Section 8 Rent $445.00 78761 $445.00 Petrovski, Igor Jan06 Section 8 Rent 978.00 78730 978.00 Pfeiffer, Reese Dec05-JanO6 HAP 2,210.00 79052 2,210.00 Phasor Electric Company PC Dome circuit boxes repair 1.713.68 78874 1,713.68 Photo Fast Inc 3 Digital imaging 2098 79042 20.98 Place Apartments, The Jan06 Section 8 Rent $500.00 78770 $500.00 Plymouth Colony Apartments Jan06 Section 8 Rent $17,102.00 78753 $17,102.00 Plymouth Ice Center 12.29/12.30 concession food $60.12 79043 $60.12 Plymouth Ponds Apartments Jan06 Section 8 Rent $23,733.00 78755 $23,733.00 Plymouth Terrace Realty, LLP Jan06 Section 8 Rent $151.00 78756 $151.00 Postmaster / Window D-12 Grapevine Newletter mailing $2100.00 79044 $2,100.00 Printers Service Inc 77" ICE KNIFE SHARP 17.00 78875 17.00 Printers Service Inc 2-77" ice knife sharp 34.00 79045 34.00 Professional Aquarium Mnt Inc Dec05 Aquarium Service 349.38 78876 349.38 Protek Painting Inc FS 3 Ceiling leak repair 655.00 78877 655.00 Quality Flow Systems Mission Farms LS pump rprs 9,502.08 79046 9,502.08 Quality Restoration Services Campus Dr watermain brk sod 3,267.50 78878 3,929.08 Campus Dr watermain brk rprs 661.58 Quantum Development, Inc. Nov-Dec05 Aerobics class $42.00 78879 $112.00 Sep-Oct05 Aerobics class $70.00 Qvale. Pat 12 2/ 12 is bi ilvlilcaec ccIInb $;106 79041 S30.i0 http://cityititemal/asp/asp reports/finance/cc check.asp?sFromDate=12%2F31%2F2005&... 1/17/2006 Check Register Qwest Page 19 of 24 Jan06 PD to Sheriff 107.57 79047 273.71 Jan06 WTP's connect 166.14 79056 1,196.69 R & R Specialties/ Somerset WI IC Zamboni Ice resurfacer rprs 328.42 78880 328.42 R & R Specialties/ Somerset WI Zamboni conditioner 798.73 79048 798.73 Rainbow Computer Forms 05 W'2's,1099M,I,Renvelopes 672.55 78881 672.55 Randy's Sanitation Inc Dec05 CC Rubbish Removal 356.35 78882 1,091.12 Dec05 PW/PM Rubbish Removal 734.77 Rapit Printing Company Door hangers $270.51 79050 $270.51 Reed Business Information Proj4137 12.16.05 legal ad $173.72 79051 $173.72 Referees Advantage 12.29/12.30 Referee fees $1,547.00 79053 $1,547.00 Remington Arms Co Inc Sniper rifle magazine $48.32 79055 $48.32 Ridgedale Electric Inc IC repair lighting damage 1,196.69 79056 1,196.69 Rosenlund, Scott Jan06 Section 8 Rent 1,302.00 78762 1,302.00 Roytelman, Ilya Jan06 Section 8 Rent 618.00 78732 618.00 S T S Consultants, Ltd. Proj 6101 12.10.05 4,139.00 79058 4,139.00 SESAC Inc 06 Music Perf License 753.00 78886 753.00 SRF Consulting Group, Inc. Proj5118 Nov05 334.17 78887 334.17 SRF Consulting Group, Inc. Ju105 Misc Consulting 1,178.31 79059 1,178.31 Salvation Army 1 1.10.5 WayzHS active shooter 350.01 79060 350.01 Sam's Club 27" Flat TV 340.60 79061 340.60 Scharber & Sons/Long Lake Fire/2 filters $30.78 79062 $312.45 IC tire chain $91.05 PW 4 Blade rotor $74.89 IC strap,pins,bolts locks,comp $115.73 5charber & Sons/Rogers sharpen G chipper knives M I (i 1.30 79063 'S 150_t12 http://cltyintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31 %2F2005&... 1/17/2006 Check Register Oil line kit,trans filter 48.72 Page 20 of 24 Schoell & Madson Inc PrQj3105 11.15/1.2.06 $8,929.99 79064 $8,929.99 Schwab, Raejan Dec05-JanO6 URP 148.00 79049 148.00 Science Explorers 1-10/1.31 Winter Wonderland 450.00 79065 450.00 Scott County Sheriffs Dept W#2005003359 1.5.06 bail 250.00 78915 250.00 Secure Techs Inc CC Fire Alarm Syst replace 8,895.00 79067 8,895.00 Senior Transportation Program 11.29.05 Swedish Institute 225.00 78889 225.00 Shenandoah Woods Jan06 Section 8 Rent 13,136.00 78765 13,136.00 Shenoy, Gopal B Jan06 Section 8 Rent 2,059.00 78720 2,059.00 Shinder, Sylvia Park and Rec Refund 34.00 79069 34.00 Shingle Creek WMO 06 Operating Budget 41,761.12 78890 41,761.12 Shred N Go 12-21 SCHEDULED SERV 58.00 78891 58.00 Silent Knight Security Group 12.6 Keypads locked up 177.50 79070 177.50 Sip, Michael James Jan06 Section 8 Rent $82.00 78746 $82.00 Slivken, Ruth Water quality grant landscape $42.07 78885 $42.07 Smith, Dan Park and Rec Refund $6.00 78892 $6.00 Society of Wetland Scientists 06 Missaghi Membership $100.00 78893 $100.00 SourceOne Graphics Inc Vinyl name $25.66 79071 $186.65 CC/CH/PW/Emerg Exit $160.99 Spirit Mountain 1.22.06 Teen ski trip $69.00 79072 $69.00 St Cloud State University 12.15 Badge 110 "Pursuit Trng $216.00 79006 $216.00 St Croix Recreation Co Inc 2 Drain gasket,2 oring stem $93.72 79073 $93.72 St Joseph Equipment Ittc http://cityintemal/asplasp_reports/finance/cc_check.asp?sFromDate=12%2F31%2F2005&,. 1/17/2006 Check Register Page 21 of 24 48" power rock rake w/hyd kit $1,936.17 79074 $1,936.17 St Louis Park HRA Jan06 Section 8 Rent $828.68 78766 $828.68 Stahl Construction 170.29 78896 $380.14 Trousers -2 w 34 109.90 Proj3125 #3 Transit Stn 73 684,791.70 78894 684,791.70 Star Tribune 2,371.20 79078 $2,768.30 NAME TAG C SPENCER 7.40 PW631678 to 1.27.07 daily ppr 111.80 78895 111.80 State Chemical Co 3-Frag pak variety create a pa 340.39 79075 340.39 State of Minnesota/No Address 06 90 Inspec Vehicles decal 180.00 79076 180.00 Stone Creek Apts Jan06 Section 8 Rent $8,683.00 78754 $8,683.00 Streicher's Prof.Police Equip. Fusee 30 minute w/ spike 170.29 78896 $380.14 Trousers -2 w 34 109.90 P LARSON JACKET TACTEL 99.95 Streicher's Prof.Police Equip. 251.11 Unit 140 Squad setup 2,371.20 79078 $2,768.30 NAME TAG C SPENCER 7.40 Dreeland 2-trousers/shirt 179.85 3 -Trousers w34 Evenson 209.85 Suburban Tire Wholesale Inc 1 265/75r22.5 169.35 79079 $2,189.73 4 8-14.51-T Traction hi miler 502.21 2 LT235/85R16 tires 283.33 2 8-14.51-T traction hi miler 251.11 2 8-14.5 LT traction hi miler 251,11 5 P225/60R16 Eagle ultra grip 366.31 5 P225/60RI6 Eagle ultra grip 366.31 Summer Creek Apts Jan06 Section 8 Rent $6,370.00 78767 $6,370.00 Sun Newspapers/Notices Ord 2005-30 214.50 78897 $1,519.39 Ord 2005-35 815.10 COMM DEV BLOCK GRANT HILA 39.33 Ord 2005-36 89.38 Ord 2005-34 168.03 Ord 2005-31 64.35 Ord 2005-33 35.75 Ord 2005-32 92.95 Sun Newspapers/Notices VACATION/GLEN GROVE AVE 35.75 79080 $396.83 ORD 2005-37 42.90 Teahouse liquor license 28.60 PROJ 4137 TIMBER CRK AFB 171.60 FILE 2005146 71.50 FILE 2005145 46.48 Superior Ford, Inc. Arm asy $45.09 78898 $222.24 Arm asy ns $177.15 Superior Wildlife Management 16 Deer ranni-ei c, „ri(; fi(i 79081 $3,600.00 http://cityintemal/asp/asp reports/finance/cc _check.asp?sFromDate=12%2F )1 %2F2005&... 1/17/2006 Check Register Page 22 of 24 Supreme Building Maintenance HOSE T GRADE 33.40 78902 $745.66 Dec05 Janitorial 10,668.74 78899 10,668.74 T C Field & Company 39.95 Toll Company 29.00 Nov05-JanO6 Prop Casualty fee 2,500.00 79083 2,500.00 TDS Metrocom 1.00 Payroll Generated Invoice 8.00 Dec05 Parks, CC, PW, FS 2,958.54 79084 2,958.54 Target 5.00 Payroll Generated Invoice 1.00 11.23/12.8 PC trees,stools,hoo 590.40 79085 590.40 Telesystems Inc x.00 Proj2032 Voice & data cable 3,869.68 78900 3,869.68 Toll Company HOSE T GRADE 33.40 78902 $745.66 OXYGEN 154CF/248/126/172/HEL1U 219.68 PUROX TRADEMASTER DLX 452.63 PROPANE FUEL @16.31 39.95 Toll Company 29.00 Propane fuel gas cylinder 57.41 79086 $57.41 Tran Nguyen, Anhphong 8520279/520280 Liq lic ovrpy $20.00 78929 $20.00 Trans Alarm Security Inc Proj2032 Card Access system $36,865.63 78903 $36,865.63 Tri-State Pump & Control, Inc. Payroll Generated Invoice 5.93 79090 $127,43 Mission Farm LS pump rprs 1,575.00 79087 1,575.00 TruGreen Landcare 6.50 Payroll Generated Invoice 29.00 12.14/12.15.05 Snowplowing 2,500.00 79088 2,500.00 Turovskaya, Irina 1.00 Payroll Generated Invoice 8.00 Jan06 Section 8 Rent 606.00 78734 606.00 USPCA Region 12 5.00 Payroll Generated Invoice 1.00 063 MembershipsBaloun,Topp, 120.00 79089 120.00 United Rentals x.00 Hndletbroom/shoveUmisc parts 344.23 78904 2,462.32 HOSE FIRE 479.25 HOSE FIRE/COUPLED NST 498.42 12.16/12.22 Final Dehumidifier 182.12 20 -vest lime mesh 415.14 FIRE HOSE 90.53 5 -FIRE HOSE 452.63 United Way of Mpls Payroll Generated Invoice 5.93 79090 $127,43 Payroll Generated Invoice 10.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 6.50 Payroll Generated Invoice 29.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 4.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 8.00 Payroll Generated Invoice 12.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Payroll Genci Litt 11 1(j Pa)'roll Generated Lrroicc x.00 http://cityintemal/asp/asp_reports/finance/cc_check,asp?sFromDate=12%2F31 %2F2005&... 1/17/2006 Check Register Page 1, t>f 24 Payroll Generated Invoice $7.00 Payroll Generated Invoice $3.00 Van Duong, Minh Jan06 Section 8 Rent $1,235.00 78747 $1,235.00 Verizon Wireless Dec05 Tufte,Ahrens 32.94 78905 64.07 Dec05 Rescue Vehicle 11 6.34 79098 23.75 Dec05 Aerial 21 8.30 Nov-Dec05 P&R 612.759.8059 1.54 78695 902.00 Dec05 Yard Waste 8.30 Dec05 Rescue 11 Fax 6.65 78769 118.00 Viking Safety Products Body harness/gloves 291.18 79091 291.18 WiLS 3 Registr Workshop 1.24.06 105.00 79092 105.00 Warsame, Nasra Jan06 Utility Reimbursement 57.00 78749 57.00 Waste Management Services Jan06 PC Rubbish Removal 240.87 78916 240.87 Waste Management Services Dec05 Dropoff/Curbside Recycle 9,535.36 79094 9,535.36 Watson Company IC Concession food resupply 986.19 78906 986.19 Watson Company IC Conncession food resupply 133495 79095 1,334.95 Watson, Ellen Park and Rec Refund 25.00 79096 25.00 Welch Village Ski Area 129.06 Teen ski trip $81.00 79097 $81.00 Wellington Apartments Jan06 Section 8 Rent $I,89I.00 78777 $1,891.00 Wheeler Hardware Co Spanner wrench 23.75 79098 23.75 Willberg, Anders Jan06 Section 8 Rent 902.00 78695 902.00 Williams, Tanaya Jan06 Utility Reimbursement 118.00 78769 118.00 Willow Creek Apartments LLC Jan06 Section 8 Rent 33,837.00 78699 33,837.00 Wolf Camera Fire/lhr prints 03-3105 R60039 Woody's Hardware Dec05 Hardware supplies Dec05 Hardware supplies Dec05 Hardware supplies Dec05 Hardware supplies 11.23 79099 11.23 2.48 78907 $53.95 14.62 28.28 8.57 http://cityintemallasp/asp__reports/financelcc_check.asp?sFromDate=12%2F31 %2F2005&... 1/1.7/2006 Check Register Page 24 of 24 Wright County Highway Dept 06 Hwy 55 Corridor Coalition $1,000.00 79100 $1,000.00 Wright County Sheriffs Dept W4250176 R519837 bail $500.00 78917 $500.00 Xcel Energy Dec05 Lift station 4,496.85 78908 7,281.70 Dec05 Traffic Signal 2,784.85 Xcel Energy Dec05 City Buildings 56,094.71 79101 64,014.63 10.14/11.14 Plym Crk plyfld 1,125.68 11.7/12.18 Parks 5150974955 3,028.25 9.16/1.1.06 Well 15,Resevoir,3 3,132.45 9.19/10.14 Plym Crk plyfld 633.54 Yesilevsky, Igor Jan06 Section 8 Rent 996.00 78731 996.00 Yogastudio 10.31/12.22 Yoga classes 650.00 79102 650.00 Zee Medical Service PW Medical Resupply 243.46 78909 243.46 Zee Medical Service WTP2 Medical supplies $285.29 79103 $285.29 Zep Manufacturing 2-ldz zep 45/nc liquid $350.73 78910 $350.73 Zhang, Tianhong 12.16 Amazon/2 books $36.64 78901 $36.64 Ziegler Inc Cap a fuel $67.76 78911 $67.76 Ziegler Inc Oil/tip $9231 79104 $92.31 eQuality Pathways to Potential Dec05 IC Janitorial $639.00 79105 $639.00 TOTAL AMOUNT: $3,103,702.92 http e//cityintemallasp/asp_reports/finance/cc_check.asp?sFromDate=12%2F31 %2F2005 &... 1/17/2006 CITY OF PLYMOUTH RESOLUTION NO: 2005 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JANUARY 13, 2006 WHEREAS, a list of disbursements for the period ending January 13, 2006 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: Anchor Bank General & Special Revenue 463,407.85 Construction & Debt Service 1,208,595.89 Enterprise & Internal Service 1,140,693.29 Housing & Redevelopment Authority 291,005.89 GRAND TOTAL FOR ALL FUNDS 3,103,702.92 Adopted by the City Council on January 24, 2006. Agenda Number: 6.03 TO: Laurie Ahrens, City Manager .3 FROM: MC006aul Buck, Forester through Eric Blank, Director of Parks & Recreation SUBJECT: - 2007 Tree Removal, Street Tree Trimming & Hauling Contract DATE: January 1.0, 2006, for Council Meeting of January 24 1. ACTION REQUESTED: The attached resolution awards a contract to S&S Tree and Horticultural Specialists for the 2006 - 2007 Public Tree & Stump removal program. 2. BACKGROUND: As in past years, the City Forester is responsible for the Shade Tree Disease and the Street Tree trimming program. The Shade Tree disease program provides for the marking and subsequent removal of diseased and hazardous trees, many of which occur on City of Plymouth property. The Street Tree trimming program provides for the trimming of trees within the right of way for clearance and general maintenance/health. 3. DISCUSSION: Unlike previous years, this contract contains both services (removal & trimming). The combined contracts will provide continuity between the two similar programs and provide high quality services/outcomes. The removal portion is based on an estimated number of removals in various diameter classes. The actual number of removals may vary from year to year depending on the occurrence of diseased and hazardous situations, but the price per tree is set in the bid by diameter size. The overall price is competitive with previous contracts. This contract again provides for the removal of private trees that have become delinquent. The trimming portion is based on an hourly bid price. Although this hourly price increased from the previous contract prices, the hope is this company will be more efficient and the number of trees trimmed will not decline. With fluctuating gas prices, the contract was bid for two (2) years, with yearly review, and an option for renewal after two (2) years with a cost of living increase. We received two (2) bids. 4. BUDGET IMPACT: The contract will be paid for out of Forestry line items 101-1330-7517 101-1330-7518 budgeted at not to exceed $1.26,100. 5. RECOMMENDATION: Approve and award the 2006 - 2007 Tree Removal, Street Tree Trimming & Hauling Contract to S&S Tree and Horticultural Specialists. S&S Tree and Horticultural Specialists worked for the Cities of Minnetonka, St. Louis Park, Crystal, St. Paul and Minneapolis last year and received satisfactory references. Attachment RESOLUTION NO. 2006 - ** APPROVING 2006 - 2007 TREE REMOVAL, STREET TREE TRIMMING & HAULING CONTRACT WHEREAS, the Forestry Division will act on the 2006 - 2007 Tree Removal, Street Tree Trimming & Hauling on City owned lands; and WHEREAS, in accordance with City bid, specifications were proposed and distributed and bid proposals were received and opened on January 3, 2006 and WHEREAS, the following contractors received bid specifications, and two valid bids were received by the City: Company TOTAL BID Bid Bond All-Star Tree Service No bid Asplundh Tree Expert Co. 331,044 5% Dehn Tree Co. No bid Kanengieter Tree Service No bid North Star Tree Care No bid Northeast Tree Service No bid Northern Arborists No bid Ostvig Tree, Inc. No bid Rainbow Treecare No bid Ryan's Tree Care No bid S&S Tree 291,900 5% Top Notch Tree Service, Inc No bid Shadyview Tree Experts No bid AND, WHEREAS, the bid of S&S Tree and Horticultural Specialists is in conformance with City specifications for tree removal, street tree trimming & hauling, S&S Tree and Horticultural Specialists is therefore declared lowest responsible bidder. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, accept the proposal of S&S Tree and Horticultural Specialists for fiscal years 2006 - 2007. Further, that funds are authorized from accounts no. 101-1330-7517 & 101-1330-7518 not to exceed $126,100. Adopted by the City Council on January 24, 2006 Bids for 2006-2007 Tree Removal Trimming Opening Jan. 3, 2006 @ 10:00 AM TOTAL 2006 2007 Removal Trimming Subtotal Removal Trimmingl SubtotalCompanyBIDBidBondBidNotes All-Star Tree Service no bid Asplundh Tree Expert Co. 331,044 5% 133,300 29,750 163,050 137,194 30,800 167,994 Dehn Tree Co. Kanengieter Tree no bid Service no bid North Star Tree Care no bid Northeast Tree Service no bid Northern Arborists no bid Ostvig Tree, Inc. no bid Rainbow Treecare no bid Ryan's Tree Care no bid S&S Tree 291,900 5% 89,950 56,000 145,950 89,950 56,000 145,950 Top Notch Tree Service, Inc no bid Shadyview Tree Experts no bid Agenda Number / t c' C CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Kip Berglund, Associate Planner (509-5451) through Anne Hurlburt, Community Development Director SUBJECT: Champion Patio Rooms. Planned Unit Development Amendment for a patio room addition and deck for property located at 15660 17th Avenue North (2005145) DATE: January 13, 2006 for the City Council meeting of January 24, 2006 REVIEW PERIOD DEADLINE: April 7, 2006 COMPREHENSIVE PLANNING: LA -2 (Living Area 2) ZONING: PUD (Planned Unit Development) L PROPOSED MOTION: Move to adopt the PUD amendment to allow encroachment into the required rear yard setback for the construction of a patio room addition and deck for property located at 15660 17th Avenue North, as recommended by the Planning Commission. Approval of such a PUD amendment, Zoning Ordinance text amendment, and findings of fact requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting a Planned Unit Development (PUD) amendment to allow encroachment into the required rear yard setback for the construction of an 11 -foot by 15.5 -foot patio room addition and 6 -foot by 6 -foot deck for property located at 15660 17th Avenue North. The proposed patio room addition and deck would encroach 3 feet into the required 10 -foot rear yard setback and be 7 feet from the rear property line. 2005145 Page 2 3. PLANNING COMMISSION HEARING: On January 4, 2006, the Planning Commission conducted the public hearing on this matter and subsequently recommended approval of the proposal by a six to one vote. Commissioner Holmes voted nay on the item, indicating he did not want to set a precedent throughout the development for additions that did not meet the required setbacks. In addition to the applicant, two residents requested to speak on this item. Both residents spoke in opposition and questioned whether the size of the addition had changed from the original plans approved by the Parkers Lake Homeowners Association (HOA). They also stated the importance of the addition meeting the architectural character of the homes in the PUD. A letter from the Parkers Lake HOA is attached, approving the same dimensions as proposed with the PUD amendment. Both the HOA letter and the attached resolution require the proposed addition to fit architecturally with the development. A copy of the Planning Commission minutes is attached for your review. Notice of the Planning Commission's public hearing was published in the City's official newspaper and mailed to all property owners within 750 feet. The notification area map is attached. Development signage remains on the site. 4. CONTEXT: A. Surrounding Land Uses The property is surrounded by single family homes developed as part of the Parkers Lake North Stn Addition. B. Previous Actions Affecting Site In November 1977, the City Council approved a Concept Plan for RPUD 77-4. This plan included single family and multiple family residential and park uses on a 428 -acre site between Dunkirk and Niagara Lanes, south of 26th Avenue North, now referred to as the Parkers Lake PUD. In March 1983, the City Council approved a Concept Plan for MPUD 83-1, a mixed planned unit development plan that amended the 1977 plan. This plan consisted of a combination of residential, commercial, industrial and park uses on the 425 -acre Parkers Lake site. In October 1992, the City Council approved a lot division/consolidation, amended PUD preliminary plan, and conditional use permit for Parkers Lake P Addition and a final plat for Parkers Lake North 81h Addition, which includes the subject lot. 2005145 Page 3 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City has a relatively high level of discretion in approving a PUD amendment. Additionally, a PUD amendment must be consistent with the City's Comprehensive Plan. The City may impose reasonable conditions and requirements in a PUD that are not otherwise required, provided the City deems them necessary to protect and promote the general health, safety and welfare of the community. 6. ANALYSIS OF REQUEST: The subject lot is roughly 5,083 square feet, and due to the smaller lot sizes, Parkers Lake North 81h Addition does not stipulate a maximum lot coverage. Due to the angle of the lot, the proposed addition would encroach into the required rear yard. However, only a portion of the proposed patio room and deck would encroach (roughly the northeast 3 -foot by 3 -foot corner of both). The proposed patio room and deck were designed specifically to be built onto the rear of the home. Staff finds that the size and location were dictated by and designed to tie into the existing window and door settings of the home (see attached photo). When the addition was planned, the applicant was unaware of the required 10 -foot rear yard setback and has stated that the jagged lot line restricts the buildable area of the lot. Staff identified the need for a PUD amendment when the applicant applied for a building permit. The proposed patio room addition has been designed with materials in keeping with the character of the PUD. The existing 6 -foot privacy fence with an additional 1 -foot lattice would screen the view from the neighboring properties. More specifically, the windows on the adjacent home are on the main level and would be screened by the fence (see attached photos). The applicant has also provided written permission from the Parkers Lake Homeowners for the proposed addition see attachments). PUD Amendment Section 21655 of the Zoning Ordinance contains the purpose, intent and requirements for the PUD zoning district. Per this section, a PUD amendment must follow the same review procedure as was followed for the general plan. Section 21010 outlines the criteria and procedures for evaluating a PUD amendment. Section 21010.01 subd. 6 requires that the City shall consider possible adverse effects of the proposed amendment. Staff finds that the changes would not affect the project's consistency with the City Comprehensive Plan and it would meet the purpose and intent of the Ordinance. 7. CONCLUSION: Staff finds that the proposed PUD amendment would comply with general standards listed in the Zoning Ordinance and the Comprehensive Plan. 2005145 Page 4 8. RECOMMENDATION: Community Development Department staff recommends approval of a PUD amendment to allow encroachment into the required rear yard setback for the construction of an 11 -foot by 15.5 -foot patio room addition and 6 -foot by 6 -foot deck for property located at 15660 17th Avenue North, subject to the conditions listed in the attached resolution. ATTACHMENTS: 1. Planning Commission Minutes 2. Applicant's Narrative 3. HOA Approval Letter 4. Opposition Email 5. Resolution 92-586 — Final Plat Approval 6. Location Map 7. Notification Area Map 8. Site Graphics 9. Resolution Approving PUD Amendment 10. Ordinance Amending Section 21655 of the Zoning Ordinance 11. Resolution Approving Findings of Fact for Amending the Zoning Ordinance Draft Minutes City of Plymouth Planning Commission Meeting January 4, 2006 Wilson, Melissa Musliner, Kathleen Murdock, Sarah Anderson and James Holmes MEMBERS ABSENT: None STAFF PRESENT: Planning Manager Barbara Senness, Senior Pla r Shawn Drill, Associate Planner Kip Berglund, and Office Support Representative JaXce Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner WilsonIX( onded by Commissioner Musliner, to approve the January 4, 2006 Planning Commis ' n Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGE A. Z20O5 F THE DECEMBER 7, 2005, PLANNING COMMISSION MOTIOoner Murdock, seconded by Commissioner Holmes, to approve the Decembing Commission Minutes. Vote. 7 Ayes. MOTION approved. 6. / PUBLIC HEARINGS A. CHAMPION PATIO ROOMS (2005145) Chair Weir introduced the request by Champion Patio Rooms for a planned unit development amendment for a patio room addition and deck for property located at 15660 17th Avenue North. Associate Planner Berglund gave an overview of the December 28, 2005 staff report. Associate Planner Berglund indicated that the Planning Commission had received a copy of an e-mail from Katie Hall opposing the proposed addition. Chair Weir asked if the homeowners association approved this proposed addition. Draft Planning Commission Minutes January 4, 2006 Page 2 Associate Planner Berglund said a written letter of approval from the homeowner association is included as an attachment to the staff report. Commissioner Holmes asked for more detail regarding the jagged lot line. Associate Planner Berglund displayed the survey indicating the property line and addition and pointed out that only the corner of the two proposals would encroach into the required setback. Planning Manager Senness added that this is considered a "zipper lot", and all lots in the area have this jog. Commissioner Holmes questioned if the PUD amendment is necessary because of the design of the structure chosen. Associate Planner Berglund answered affirmatively. Commissioner Clyman asked if other homes have additions and what is different about this lot from other lots if they are the same size and are also zipper lots. Planning Manager Senness responded that the homes are different design and placement of an addition could vary. Chair Weir introduced the applicant, Barry Nelson, 15660 17 Avenue N., who said he did not know of the 10 -foot setback requirement when this was proposed. He said because of the jagged angles he can stand in his neighbor's yard, but technically be on his own property. Mr. Nelson clarified that only a corner of the patio is encroaching, not the whole 15 feet, and said perhaps Ms. Hall did not understand that. Commissioner Anderson asked if the owner would shrink the addition which would put it in the middle of the sliding door, would it be impossible to enter the home. Mr. Nelson responded affirmatively. Chair Weir opened the public hearing. Chair Weir introduced Glen Hohenstein, 15700 16`h Place N. Mr. Hohenstein said that when he built his home in 1991, he was told they could cover only a certain amount of the lot, and there were a limited number of models to choose from. Mr. Hohenstein said he assumed this was a City requirement rather than the homeowner association. Mr. Hohenstein concurred with the concerns outlined in Ms. Hall's e-mail, and said he does not like granting an exception because the lack of control is gone. Chair Weir introduced Rich McFarland, 15705 16`h Place N., who said he lives perpendicular to the property, and is a member of the board of directors. He reiterated Draft Planning Commission Minutes January 4, 2006 Page 3 Commissioner Clyman's question about setting a precedent as they have never done this. Mr. McFarland said the board has been approached one or two times in the last 12 years regarding room additions. Mr. McFarland questioned if the size of the porch addition changed from the original request presented to the board. Mr. Nelson clarified that the proposal has not changed, and added that his immediate neighbors have no objection to the addition. Chair Weir closed the public hearing. Commissioner Holmes asked if the PUD amendment would follow a specific property location or apply to the whole planned unit development. Planning Manager Senness stated the amendment applies to just this property location. Commissioner Anderson asked if there is an impervious surface issue with this proposal, and if the only reason the applicant is here is because of the encroachment. Planning Manager Senness said there is no impervious surface issue; the 3 -foot encroachment is the only issue. Commissioner Clyman asked if the location of the door opening is for utility reasons. Chair Weir introduced Steve Collier, 5100 St. Hwy. 169, who said he is the installation manager for Champion Patio Rooms. Mr. Collier explained there is just enough room from the edge of the window casing on the right side to create the 15.5 -foot addition. He said they cannot go smaller because of the window and door location and the ability to fasten onto the existing house. MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to approve the request by Champion Patio Rooms for a planned unit development amendment for a patio room addition and deck for property located at 15660 17th Avenue North. Commissioner Holmes stated he is not in favor of this request. Commissioner Holmes said the structure could be modified to take the 3 -foot triangle into consideration and not require an amendment. He said there is relatively high impervious surface coverage in this area, and this is not a typical family lot where there is a substantial yard. Commissioner Holmes concluded that setting this precedent throughout the development is not a wise direction. Roll Call Vote. 6 Ayes. MOTION passed. Commissioner Holmes voted nay. oo6145 Planning and Zoning Application Form Page 2 APPLICANT'S NARRATIVE 7. BRIEF DESCRIPTION OF REQUEST (Attach separate sheet, if necessary): Arl'i i2 r c' v r,` rn/ss oti /=&0j%A' 5-0e-'*7/01C.i / /14"1+r+5 n 'f Te eca1 'Te 1911otiLf A;LL ,j On6e cA; vF A. 4 1 I-JestseLFA v rf ccuusz:r L fs, ?'T L / ; ltn: a.f [f 2 G fn N o Ajc t.0 ,-rq ii+,4- 14;, A,l,e10 J% /'o o &5e "Ti.' s c,0 71.4i 1-1-e , c sur 'TN.h 1'5 -7-Ile- r.dA y rl kms t)w 1G N z 9 'TC 7-/4,g- CXrS r61Z PCL,-, /XjjL L,ID"Lt) L ik*& AtJ A w>'7 To 'VI'L641v 'TWn, P 0j'-- i 'Te .82 6''i/c r 8. PROJECT N 9. ANTICIPATED PROJECT COMPLETION DATE: / — /S 0 6 I hereby apply for the above consideration and declare that the information and materials submitted with this application are complete and accurate per City Code and Ordinance requirements. I understand that the City will process the application once the Planning Division finds that it is complete. I understand and agree that the City may place a sign on my property for purposes of notification that an application is under consideration. PLEASE NOTE: If Property Fee Owner is nZthant, the Appl nt must provide written authorization by Property Fee Owner in order to make application. PROPERTY FEE OWNER(S) SIGNATURE(S) i- 1' c/r ..',, `,gin ' .;F,/ L' APPLICANT(S) SIGNATURE(S): DATE: / / —23—O!r FOR CITY USE ONLY************************************* APPLICATION TOTAL FEES DUE $ FEES SIGNAGE FEE DEC - 9 2005 APPROVED FOR DEPOSIT BY: Appform.doc PARKERS LAKE HOMEC HERS ASSOCIATION, INC. October 26, 2005 Mr. Barry Nelson 15660 17`h Avenue North Plymouth, MN 55447 Dear Mr. Nelson: aW-j )4-6' 3300 Edinborough Way #202 Edina, MN 55435 Tel: (952) 831-8325 Fax: (952) 253-3352 www.laukka.com The plan you submitted for the installation of an 11' x 15.5' Champion all -season vinyl patio room on your Suncourt lot has been reviewed by the Parkers Lake Board of Directors. By virtue of this letter, the Board hereby grants approval of your submitted plan. This letter of approval is sent forth with the assumption that finish grades have been adequately established and maintained up to this point in time and if altered during the construction process will be brought back to a suitable condition upon completion of the construction. Ground settlement is a common occurrence and original drainage swales may need perpetual maintenance. Failure to maintain grades or intentional alteration of grades may prove to your liability should any resultant or consequential damages occur. In addition, the Association requires the exterior finish materials to consist of the same specifications as the materials originally used in the construction of your home (i.e. same shingle color, same siding style and color, same soffit style and color, etc.). Please review the Association's Declaration of Covenants, Conditions, and Restrictions for additional details pertaining to homeowner maintenance responsibilities, Association responsibilities, yard and home modifications, and Architectural Control Committee procedures. If you have any questions regarding this approval notice please write to: Parkers Lake Board of Directors 3300 Edinborough Way #202 Edina MN, 55435 Thank you in advance for your cooperation in these matters of architectural control. Sincerely, For The Board of Directors Micha DEC - 9 2005 Page 1 of 1 ZDo51qr:-- Kip Berglund From: katie Hall [kathleenhall15@yahoo.com] Sent: Tuesday, January 03, 2006 3:40 PM To: Kip Berglund Subject: Parkers Lake proposal I am a resident of the Suncourt neighborhood in the Parkers Lake development. I will be out of town and unable to attend the public hearing held by the Plymouth Planning Commission on Wed. Jan. 4th. I have some serious concerns about the proposed addition to the house at 15660 17th Ave. As best I can, I will structure them in short concise statements. Our homes are already extremely close together. If a building permit is granted for this proposed encroachment, how could any future requests be denied? The next proposed addition might be 4 feet or 5 feet over the setback line. What is the absolute limit if not 10 feet as is now the requirement? If this starts happening around our little neighborhood what will it do to our property values or our resale ability? Right now we have a very desirable area with rapid turn over and resale. Will that always be true if additions are built and homes are even closer together? I think many of us chose this location because we are not attached townhomes or row houses. We have small but enjoyable back yards and I think making the homes larger on these little lots would ruin that. If a larger home is needed or desired, I feel expanding these homes beyond the present 10 foot setback limit is not the answer. Thank you for your consideration of my opinions. Kathleen Hall Yahoo! Shopping Find Great Deals on Holiday Gifts at Yahoo! _Shopping t'l-()MMUMTY DEVEIQPM QUTHELO faEPARTMENT 1/3/2006 CITY OF PLYMOUTH RESOLUTION 92- 586 SETTING CONDITIONS TO BE MET PRIOR TO FILING OF AND RELATED TO FINAL PLAT FOR LAUKKA-WILLIAMS PARKERS LAKE FOR PARKERS LAKE NORTH 8TH ADDITION LOCATED SOUTHEAST OF THE INTERSECTION OF 18TH AVENUE NORTH AND TERRACEVIEW LANE NORTH 92071) WHEREAS, the City Council has approved the Final Plat and Development Contract for Laukka-Williams Parkers Lake for Parkers Lake North 8th Addition located southeast of the intersection of 18th Avenue Korth and Terraceview Lane North; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the following to be met, prior to recording of, and related to said plat: 1. Compliance with the City Engineer's Memorandum. 2. Submittal of required utility and drainage easements as approved by the City Engineer prior to filing the Final Plat. 3. No building permits to be issued until the Final Plat is filed and recorded with Hennepin County. 4. Appropriate legal documents regarding Homeowner Association covenants and restrictions, as approved by the City Attorney,shall be filed with the Final Plat. These covenants and restrictions shall include the prohibition from placing snow from private driveways on public street right-of-way, and cul-de-sac islands. 5. The Final Plat mylars shall contain a statement noting that the plat is part of the approved MPUD 83-1 per Section 9 of the Zoning Ordinance. 6. The Development Contract, as approved by the City Council, shall be fully executed prior to release of the Final Plat. 7. The outlots;shali be maintained by the Homeowner's Association as provided by the approved covenants and by-laws of that association. 8. Submission of required financial guarantee and Site Improvement Performance Agreement for completion of site improvements within 12 months of the date of this resolution. 9. The Homeowner's Association shall be responsible for the'maintenance and restoration, as needed, of the landscaping, and in the boulevard and/or easement areas adjacent to the streets. This accounts in part for the reduced yard setback dimensions due to the street width and desired arrangements. 0 Resolution No. 92-586 Page Two, File 92071 10. The front yard setback is approved at 20 feet, the side yard is approved at 5 feet, and the rear yard is approved at 10 feet. The minimum driveway length on the private land shall be 25 feet. 11. A combination of 6 and 8 foot fencing is approved as shown on Sheet 3 of 6 on the plans dated August 31, 1992. 12. On corner lots that abut Terraceview Lane, the front yard setback shall be 15 feet. 13. Development shall comply with applicable requirements of Resolution Nos. 84-14, 84-323, 87-176 and 87-337, and the executed Development Contract for Parkers Lake Development -Stage B; Parkers Lake North property. 14. Development shall comply with the approved Environmental Impact Statement and related permits. 15. The total numerical mid points of the density in all areas must equal 1,147 units. If a final plat is developed above or below the mid point of a density range included in this preliminary plat, then the density ranges in other areas must be changed so that the density of the land platted, plus the mid point of all other areas, equals the maximum number allowed -- 1,147 units. With each application for residential pian/plat approval, the petitioner shall submit an accounting of the number of units remaining, by the area, along with the number of units that have been developed. Any reduction or increase in the number of units from the established range and maximum number of units, shall require an Amendment to the Planned Unit Development. Similarly, each final plat request shall include a status report stating the lev3l of sanitary sewer demand for all areas developed to date, and the balance of capacity remaining in this PUD. Adopted by the City Council on October 5, 1992. res/pc/92071.sc; olowi- WNr 1 0 ftwow- IN no a, FI -11 Location Map - 2005145 Lana use Guide Pian Champion Patio Rooms ® C, Comercial 15660 17th Avenue North CC, City Center Request for a Planned Unit CO, Commercial Office IP, Planned Development Amendment iral AreaLA -1, Living Area 1 0 LA -2, Living Area 2 NLA -3, Living Area E W+ E ® LA -4, Living Area 4 City Of LAR, Living Area Rural Plymouth, Minnesota S P -I, Public/Semi-Public/Institutional- 270 135 0 270 540 810 1,080 Feet D olowi- WNr 1 0 ftwow- IN no a, FI -11 Location Map - 2005145 Lana use Guide Pian Champion Patio Rooms ® C, Comercial 15660 17th Avenue North CC, City Center Request for a Planned Unit CO, Commercial Office IP, Planned Development Amendment iral AreaLA -1, Living Area 1 0 LA -2, Living Area 2 NLA -3, Living Area E W+ E ® LA -4, Living Area 4 City Of LAR, Living Area Rural Plymouth, Minnesota S P -I, Public/Semi-Public/Institutional- 270 135 0 270 540 810 1,080 Feet Y _ 272.07 _ •. r.•vir.n ',. \.. 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E I 079.3 11 wvov FENCE 'S 56°?5 28 E LOT 1, BLOCK 1 N _ _--- 979.6 --------- -----.26.2 N 8,315#39 SHOWN THUS: PLYMOUTH, MINNESOTA GARAGE FLOOR ELEVATION = 980.50 T c 976.86 9764 r , 977.0, r _ O o d '' 79.? (979.7 DENOTES SURFACE DRAINAGE I i s N-- - - p0"-- - -979_9 DENOTES WOOD HUB O W NO BUILDINGS . 977.6Ip 171 , 2a BEING 5.00 FEET IN MOT14 AND ADJOINING W j 001 .W+MDAMA 2ao N LOT LINES, UNLESS OTHERWISE SHOWN, AND 10.00 FEET IN WIDTH AND APJO!NIN_G RIGHT W N ^ vN I PROP. cc o I GARAGE w.A.' • CPMrA FOR THIS DEVELOPMENT. I hereby certify that this survey 1, Q Roustr.o0 ros prepnred by me or under my dlrect superv,slon, and that I an In 7.0 a duly Registered Lnnd Surveyor I I - weamv Otu s 0 li"5 979 1 .0 979.01 I • Z the laws of Stnte of IR= Sunder as50.00 a m 1 i 1 .. ythe Minnesota. 9 90 10 I oi ' 0. (977.6) o- i 20 4 ,Ne 76 Id 1 97x3 e1977.7 . D*' JIMQ700 1 9 dC45 IB NO, 1572A03 FIELD 110010 PAGE, DRAWN BY,. -CL 976.6) 52 9g 1 EI, 977.7 39 9771 NUG OD HOUSE AREA = 1420• SQ. FT. LOT AREA = 5083 SQ. FT; ELEVATION OF SANITARY SEWER SERVICE PERCENT OF LOT COVERAGE = 27.9% AT POINT OF CONNECTION o 965.9 DESCRIPTION, LOT 1, BLOCK 1 DRAINAGE AND UTILITY EASEUENTS ARE PARKERS LAKE NORTH 8TH ADDITION SHOWN THUS: PLYMOUTH, MINNESOTA GARAGE FLOOR ELEVATION = 980.50 j 5 WOF BLOCK ELEVATION --i .980.83 RMOST FLOOR ELEVATION . 972.62 O o DENOTES SURFACE DRAINAGE DENOTES WOOD HUB O BEING 5.00 FEET IN MOT14 AND ADJOINING DENOTES EX. ELEVATION 100.00 DENOTES PROP. ELEVATION (100.00) LOT LINES, UNLESS OTHERWISE SHOWN, AND 10.00 FEET IN WIDTH AND APJO!NIN_G RIGHT PER GRADING PLAN APPROVED of WAY LINES AS SHOWN ON THE PLAT. FOR THIS DEVELOPMENT. I hereby certify that this survey 0 DENOTES IRON MONUMENT ros prepnred by me or under my dlrect superv,slon, and that I an a duly Registered Lnnd Surveyor the laws of Stnte of IR= Sunder ythe Minnesota. 20 0 20 4 ,Ne 1 TNSW ST. S. UMdAM3. WA sUls D*' JIMQ700 IB NO, 1572A03 FIELD 110010 PAGE, DRAWN BY,. -CL 2) -2x10 6FAM SHALL 13E ATTACHED TO LEDGEP, W/ 51MP50N LU5210-2 J015T HANCAFF 2) -2x10 C FAM SHALL f3E ATTACHED TO LEP6FV W/ 5IMP50N LU5210-2 J015f HANGS I? 2x10 LEDGEI; ATTACHED TO EXI5TING 5TPUCM W/ (2) -1/ 2"0 THP1 C 01,T5 OI? LAG 5CI;'EW5 5TA66EI P @16"C/ C 5/ 9 DECK 130A1'05WA I, OF JOISTS CONNECTED TO LFDGEI; W/ 51MP50N - 2) -2x10 CM ENCLOSUPE LU5210 J015T HANGEI?5 6x6 P05T5 5HALL (3E 2x10 J015T5 @ 16"C/ C CONNECTED TO FTG5 W/ 51MP50N 1`I366 P05T< 2) -2x10 5/ q" f&G 0513 FA5TENED TO DECK FpAMING DA5ETW AL5, TL P05T5 C FAM W/ 10d NAII,5 @ 4" C/ C @ DECK PFFIMFSF; . @ 6" Cl C @ ALL. OT fF F%15 & @ 12"C/ C IN I THE MELD. 105f5 CONNECT V TO C EAM W/ 51MP50N LU5210 J015T HANCAM5, TW 36" WIDE 5fAiP W/ ( 2) -6 1/ 2" PIW,5 f) -11" TP,EA17 HEAI)FF, ATTACHED fO TIME 2/ 2X10 PEAM WITH 51MP50N LU5210-2 J015T HANGEp5 NEW 6x6 P05f NFW 90" DEEP CONIC PIED F00flNG5 WALL LINE OF PATIO ENCL05LYf NEW CON5TP.UCfION EXTG CONSff.'LICtION 18"o x -10" DEET' CONCPETE PIEI; FOOTING. i 2)-2x1013FV, 16110 x 40'' (2) -2x10 BEAM DEEP CONCFETE PIEI; FOOTING PH: ( 513) 782-3900 FAX(513) 782-3903 ENCLOSURE SUPPLIERS INC. 12111 Champion Way, Grcrnati, OH 49241 PFCK FLAMING FLAN 71-911 2) -2x1013FAM 51-1AL1, 13F ATTACHED TO LEDGEp W/ 51MP50N 1,1,1500-2 J015T HANGEp 2) -2x10 (3EAM 6x6 PO5T NOTCHED @ TOP TO O I.'ECEIVE & PpOVIDE FTI, 13P6 TO (2) -A0 C3E,Alvl P05T SHALL 13F CONNECTED DF.AM W/ ( 2) -1/ 2" 0 THQJ a01..T5. 16"o x 40" DEEP CONCPfTE PIEI; FOOLING MIFNE1,501\1 PE5IDENCF L/ l DWG Na 15660 17th AVENUE NOM, PLYMOUTH, MN JOD #. PALE I f / 2/ 05E51-V9 CHECKED PY. MJG Glass & screen Approx. 13" above grade House Floor joists 2 x 10 @ 16" OC treated Rimmers dbl 2 x 10 treated under room, single on open deck Joist hangers on all Ledger board lag bolted to house rimmer Flooring under room 3/4" OSB T&G Posts 6 x 6 treated with post base and post to beam connections Champion Patio Rooms CUSTOMER: 5100 N. Hwy 169 Barry & Nicole Nelson New Hope, MN 55428 15660 17th Ave. N. Phone: 763-574-2054 Plymouth, MN 55447 Phone: 763-473-3632 V = 4' Creation date: 10/27/05 Revision date: By: Steve Collier w l{1 A OF YA tea._. '-_ GR v ;' ' F.r y a'y.hea r:p R d,r.:..,;...+. ie r !GF f y,.. ° /. tix i'; s3 x,&` v i °.` p1 .• K ..- fes '' J itt - v N azTTs sir, 4.., t_ a ti CITY OF PLYMOUTH RESOLUTION 2006 - APPROVING A PUD AMENDMENT TO ALLOW THE ENCROACHMENT INTO THE REQUIRED REAR YARD FOR THE CONSTRUCTION OF A PATIO ROOM AND DECK FOR PROPERTY LOCATED AT 15660 17TH AVENUE NORTH, IN THE PARKERS LAKE PUD 2005145) WHEREAS, Champion Patio Rooms has requested approval of a PUD amendment to allow the encroachment into the required rear yard for the construction of a patio room and deck for property legally described as follows: Lot 1, Block 1, Parkers Lake North S`h Addition, Hennepin County, Minnesota. 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 Champion Patio Rooms, subject to the following findings and conditions: 1. A PUD amendment is granted to allow the encroachment into the required rear yard for the construction of an 11 -foot by 15.5 -foot patio room and 6 -foot by 6 -foot deck for property located at 15660 17'h Avenue North, in accordance with the application and plans received by the City on December 9, 2005. 2. The patio room and deck will encroach 3 feet into the required 10 -foot rear yard setback and be 7 feet from the rear property line. 3. The addition must be designed and constructed with materials in keeping with the character of the PUD. 4. A building permit is required prior to the commencement of the project. Resolution 2006- 2005145) Page 2 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. ADOPTED by the City Council on January 24, 2006. 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 January 24, 2006 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 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2006 - AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND THE PARKERS LAKE PUD (MPUD 83-1) FOR PROPERTY LOCATED AT 15660 17TH AVENUE NORTH (2005145) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendment of Cite. Chapter 21 of the City Code of the City of Plymouth, Minnesota, adopted November 5, 1997, as amended, is hereby amended to add Section 21655.38, as follows: 21655.38 PUD 83-1 (PARKERS LAKE): AMENDMENT FOR LOT 1, BLOCK 1, PARKERS LAKE NORTH 8TH ADDITION: Subd. 1. Legal Description. The property affected by the PUD Amendment is legally described as: Lot 1, Block 1, Parkers Lake North 8th Addition, Hennepin County, Minnesota. Subd. 2. Incorporated herein by reference are the Parkers Lake PUD by the City Council Resolutions 92-580, 92-581, 92-582, 92-583, 92-584, 92-585 and 92-586 on October 5, 1992, on file in the Office of the Zoning Administrator under File 92071, and as amended by City Council Resolution 2006-_ on January 24, 2006, for a PUD amendment to allow the encroachment into the required rear yard for the construction of a patio room and deck on file in the Office of the Zoning Administrator under File 2005145. Section 2. Effective Date. This amendment shall take effect upon its passage and publication. Ordinance No. 2006- 2005145) Page 2 ADOPTED by the City Council this 24th day of January, 2006. Judy A. Johnson, Mayor ATTEST Sandra R. Paulson, City Clerk CITY OF PLYMOUTH RESOLUTION 2006 - APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR THE PARKERS LAKE PUD (2005145) WHEREAS, Champion Patio Rooms has requested a PUD (Planned Unit Development) amendment for property legally described as: Lot 1, Block 1, Parkers Lake North 81h Addition, Hennepin County, Minnesota. WHEREAS, the Plymouth Zoning Ordinance requires a text amendment for a PUD Amendment; and WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval; and WHEREAS, the City Council has adopted an ordinance amending the Zoning Ordinance text for the affected parcels. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does support and approve the request by Champion Patio Rooms for a PUD amendment and related Zoning Ordinance text amendment, based on the following findings: 1. The amendment is consistent with the Comprehensive Plan and other City policies and plans. 2. The amendment is consistent with the spirit and intent of Parkers Lake PUD. Resolution 2006- 2005145) Page 2 ADOPTED by the City Council on January 24, 2006. 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 January 24, 2006, 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 DATE: January 24, 2006 TO: Laurie Ahrens, City Manager FROM: Anne Hurlbr Community Development Director SUBJECT: Postponement of Agenda Item 6.04 Planned Unit Development Amendment for 15600 17th Ave. N Champion Patio Rooms (2005145) We are requesting that this item on the January 24 City Council agenda be postponed to the February 7, 2004 meeting. Some confusion has developed regarding the plans for the proposed patio room addition. There is concern that the proposed structure may not meet the homeowner's association requirements, and whether the materials and style will be compatible with the PUD which is a recommended condition of approval. A postponement will allow staff to meet with the parties involved to clarify that the plans will meet all requirements before City Council action. The applicant and an HOA representative have been notified that staff is recommending a delay. The deadline for City review of this application is April 7, 2006. Agenda Number CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Shawn Drill, Sr. Planner through Anne Hurlburt, Community Development Director SUBJECT: William Thompson. Interim use permit to allow placement of fill material at Glory of Christ Lutheran Church, 4040 County Road 101 (2005146) DATE: Jan. 13, 2006 for City Council meeting on Jan. 24, 2006 REVIEW DEADLINE: April 12, 2006 1. PROPOSED MOTION: Move to adopt the attached resolution approving an interim use permit allowing placement of fill material at Glory of Christ Lutheran Church, 4040 County Road 101, as recommended by the Planning Commission. Approval of an interim use permit requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: On behalf of Glory of Christ Lutheran Church, the applicant is requesting approval of an interim use permit for 3,428 cubic yards of fill. An interim use permit is required for filling operations in excess of 1,000 cubic yards. Roughly 3,000 cubic yards of the fill was already placed in two areas of the Church site without the required interim use permit. Roughly 1,600 cubic yards of fill was placed in the east portion of the site abutting Highway 55 (Area 1), and roughly 1,400 cubic yards of fill was placed along the north lot line abutting CVS Pharmacy (Area 2). City staff discovered the fill during a routine inspection of the adjacent CVS Pharmacy construction in the fall of 2004. Much of the fill came from the CVS Pharmacy site upon excavation of their water -quality pond. CVS received permission from the Church to place the fill material on the Church site. Since discovering the fill, City staff has worked with the Church to submit the necessary permit application to obtain approval for the fill. It took the Church roughly one year to submit this application, partly due to the length of time it took the Church to determine who would be responsible for site restoration. In addition to the fill that was already placed on the File 2005146 Page 2 Church site, the applicant proposes to bring in and spread two inches of black dirt on top of the two filled areas in spring of 2006. That operation would result in roughly 428 cubic yards of additional fill, bringing the total fill to 3,428 cubic yards. 3. PLANNING COMMISSION MEETING: On January 4, 2006, the Planning Commission conducted the public hearing on this matter and subsequently voted unanimously to recommend approval of the request. The applicant was present in support of the request. The applicant concurred that the Church is responsible for restoration of Area 1. However, the applicant stated that the Church believes CVS Pharmacy should be responsible for restoration of Area 2 along the north boundary of the church, because fill was needed in that area to match grades as a result of the construction of CVS. Subsequent to the Planning Commission meeting, staff reviewed the grading plan and Site Improvement Performance Agreement (SIPA) for CVS Pharmacy, and concluded that CVS is responsible for restoration of Area 2. The approving resolution was revised accordingly. No one else from the public wished to speak on this item. A copy of the Planning Commission minutes is attached. Notice of the Planning Commission's public hearing was published in the City's official newspaper and mailed to all property owners within 500 feet. The notification area map is attached. Development signage remains on the site. 4. CONTEXT: A. Site Guiding and Zoning The subject site is guided Public/Institutional). B. Surrounding Land Uses P -I (Public/Semi-Public/Institutional) and zoned P -I C. Natural Characteristics of Site The site is located in the Bassett Creek Watershed District. It does not contain any land within the shoreland management overlay district or within the floodplain. There are no wetlands on the site. Adjacent Land Use Guiding Zoning North CVS Pharmacy Commercial C-2 West Across CR 101) Len Busch Roses LA -3 FRD East Across Hwy. 55) Single -Family Use LA -3 FRD South Townhouse; City Water Tower LA -2; Public -Institutional RMF -2; Public -Institutional C. Natural Characteristics of Site The site is located in the Bassett Creek Watershed District. It does not contain any land within the shoreland management overlay district or within the floodplain. There are no wetlands on the site. File 2005146 Page 3 D. Previous Actions Affecting Site The Glory of Christ Lutheran Church was originally constructed in 1986, and was expanded in 1995. Roughly 3,000 cubic yards of fill has been placed on the Church site without the required interim use permit or grading permit. The interim use permit requested at this time is in response to that filling operation, as well as for proposed fill (roughly 428 cubic yards) in spring of 2006. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying an interim use permit is limited to whether or not the proposed project meets all of the standards in the Zoning Ordinance for interim use permits. If it meets these standards, the City must approve the interim use permit. 6. ANALYSIS OF REQUEST: The requested interim use permit is for 3,428 cubic yards of fill on the Glory of Christ Lutheran Church site. Section 21185 of the Zoning Ordinance requires an interim use permit for filling operations involving over 1,000 cubic yards of material. The ordinance includes requirements that must be met before the City can issue an interim use permit for filling operations. Specifically, such interim uses shall comply with the following: A. Conditions of Interim Use Permit—Performance standards for filling operations (copy attached). B. Conditional use permit standards (copy attached). C. Filling operations must be allowed by interim use permit in the zoning district where the filling operation is proposed. D. The completion date for the filling operation is identified. E. The filling operation will not impose additional unreasonable costs on the public. The above -listed requirements are addressed as follows: A. Performance Standards for Filling Operations Content of Fill Material The ordinance specifies that fill material not consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material. The fill material for the 3,000 cubic yards previously placed on the site was clay, and the additional 428 cubic yards of fill proposed would be black dirt. Therefore, the proposal complies with this condition. The attached resolution addresses content of fill material. File 2005146 Page 4 Hours of Operation The ordinance specifies that the allowable hours for filling operations and any related grading are limited to between 7:00 AM and 7:00 PM on Mondays through Fridays, and between 8:00 AM and 6:00 PM on Saturdays. The applicant has stated that they would adhere to these hours for the placement of the remaining fill. The attached resolution addresses the hours of operation. B. Compliance with Conditional Use Permit Standards Staff finds that the proposal meets the applicable conditional use permit standards as follows: 1) the requested interim use permit is consistent with the City's Comprehensive Plan; 2) the filling/grading operation was not and would not be detrimental to or endanger to the public health, safety, morals, or comfort; 3) the filling/grading operation was not and would not be injurious to the use and enjoyment of other property in the area, or substantially diminish property values in the neighborhood; 4) the fill did not and would not impede the normal and orderly development or improvement in the area; 5) the filling/grading operation conformed to and would continue to conform to the other applicable regulations; and 6) the filling/grading operation complied with and would continue to comply with the general and specific performance standards of the Zoning Ordinance. C. Interim Uses in the P -I (Public/Institutional) District Section 21650.09 lists land filling operations as an interim use in the P -I zoning district. D. Completion Date Section 21185.08 of the Zoning Ordinance states that filling/grading operations must be completed within six months from the date the Council approves the interim use permit. The applicant has stated that the remaining filling/grading operation, as well as the establishment of vegetative ground cover would be completed within six months from the time the City Council approves the interim use permit. The attached resolution addresses this matter. E. Public Costs There are no public costs associated with this request. 7. RECOMMENDATION: Community Development Department staff recommends approval of the interim use permit to allow placement of fill material at Glory of Christ Lutheran Church, 4040 County Road 101, subject to the conditions listed in the attached resolution, as recommended by the Planning Commission. File 2005146 Page 5 ATTACHMENTS: 1. Planning Commission Minutes 2. Interim Use Permit General Standards 3. Conditions of Interim Use Permit for Land Filling Operations 4. Conditional Use Permit Standards 5. Applicant's Narrative 6. Location Map 7. Notification Area Map 8. Site Graphics 9. Resolution Approving Interim Use Permit DRAFT B. WILLIAM THOMPSON (2005146) Chair Weir introduced the request by William Thompson, representative of Glory of Christ Lutheran Church, for an interim use permit to allow placement of fill material at their site located at 4040 County Road 101. Senior Planner Drill gave an overview of the December 27, 2005 staff report. Chair Weir asked if the fill would have to be removed if the permit is denied. Senior Planner Drill said yes, adding that the site is not presently in compliance with the grading plan on record with the City. Commissioner Holmes asked if there is a wetland east of the property, and if erosion has occurred a result of this fill. Senior Planner Drill said the wetland area is within the MnDot right-of-way to the east. He said the fill was placed to resolve an erosion problem on the church site where there were some small wash out areas draining toward the wetland. A silt fence is required and vegetation would stabilize the slope to prevent future erosion. Chair Weir introduced the applicant, William Thompson, 9640 26th Avenue N., representing Glory of Christ Church. Mr. Thompson apologized for placing the fill without the proper approvals. Mr. Thompson said that prior to 1995 the area surrounding the church was agricultural. Mr. Thompson said the church gave CVS permission to put fill along their property line. He stated the contractor for CVS did not obtain the necessary permits for this fill. Mr. Thompson said the survey for CVS showed the final grade of CVS 3 feet above the church property. Mr. Thompson stated the fill was necessary to match the two grades. Mr. Thompson said the SIPA requires that CVS restore the property that they disturbed. Senior Planner Drill said CVS may be responsible for restoration of this area. Staff will review the SIPA and work with both parties to resolve the matter. Chair Weir opened and closed the public hearing. MOTION by Commissioner Anderson, seconded by Commissioner Wilson, to approve the request by William Thompson for an interim use permit to allow placement of fill material at Glory of Christ Lutheran Church, 4040 County Road 101. Roll Call Vote. 7 Ayes. MOTION passed unanimously. SECTION 21020 - INTERIM USES 21020.01. PURPOSE AND INTENT: The purpose and intent of allowing interim s: Subd. 1. To allow a use for a brief period of time until a permane ocation is obtained or while the permanent location is under construction. Subd. 2. To allow a use that is presently judged acceptable e City Council, but that with anticipated development or redevelopment, will not be acce le in the future or will be replaced in the future by a permitted or conditional use allowed in the respective district. Subd. 3. To allow a use which is reflective of icipated long range. change to an area and which is in compliance with the Comprehensiv an provided that said use maintains harmony and compatibility with surrounding uses is in keeping with the architectural character and design standards of existing uses an elopment. 21020.02. PROCEDURES: Subd. 1. Uses deft as interim uses which do not presently exist within a respective zoning district sha e processed according to the standards and procedures for a conditional use permit as ished by Section 21015 of this Chapter. Subd. 2. fect of Permit. An "interim use permit" for seasonal farmer's market and produce sale y be issued for a period of up to eight months per calendar year after which the permit a reissued for up to eight month periods per calendar year by the Zoning Administr The interim use permit may be reissued if the farmer's market or produce sale is consist with the original interim use permit approval, and is'in compliance with Section 214 9, Subd. 2 of this Chapter. 21020.03. GENERAL STANDARDS: An interim use shall comply with the following: Subd. 1. Meet the standards of a conditional use permit set forth in Section 21015.02, Subd. 5 of this Chapter. Subd. 2. Conform to the applicable general performance standards of Section 21015.04 of this Chapter. Subd. 3. The use is allowed as an interim use in the respective zoning district. Subd. 4. The date or event that will terminate the use can be identified with certainty. Subd. 5. The use will not impose additional unreasonable costs on the public. 21020-1 PLYMOUTH ZONING ORDINANCE ?j m) A written right -of -entry is provided to the Zoning Administrator to enter the 1649 for the purpose of determining compliance with all applicable conditions impose the operation. n) Mailing labels, map and list (current within six months) fr;e in County of all property owners located within five hundred (500) feet. o) Other information as may be specified by the Amended by Ord. No. 2001-06, 02/13/01) 21185.03. TECHNICAL REPORTS: n receipt of a completed interim use permit application, as determined by preliminary review, the Zoning Administrator shall forward a copy thereof to the City Engineer and ity Building Official. Where protected watersheds, floodplains, and/or protected wed are in question, the Minnesota Department of Natural Resources and Army Corps of sneers shall also be contacted. These technical advisors shall be requested to prepare rep , as applicable, for the City Council and/or Zoning Administrator. Amended by Ord. No. -06, 02/13/01) 21185.?Yr ISSUANCE OF INTERIM USE PERMIT: Upon receiving information and repSgVrirom the City staff and other applicable agencies, the City Council shall make its ination as to whether, and when, and under what conditions such permit is to be issued to 21185.05. CONDITIONS OF INTERIM USE PERMIT: Subd.1. Landfill Operations. a) Under no circumstances shall any landfill operation be conducted or permitted if the contents of the landfill or any part thereof consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material deemed to be unsuitable by the City. b) Unless expressly extended by the permit, the hours of operation shall be limited to 7:00 AM to 7:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. a) The City, a to to the granting of an interim use permit, or after such permit has been granted, may re licant to whom such permit is issued, or the owner or user of the property on which the ex ing is located to: 1) Properly fence the excavation. 21185-3 ZONING ORDINANCE CONDITIONAL USE PERNHT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015 -Plymouth Zoning Ordinance forms/cupsta) Im 1 Interim Use Permit Request — Glory of Christ Lutheran Church Area #1 In 1985 the Lutheran Church of Missouri Synod purchased land for the purpose of building a Mission Church. This land was agriculture land complete with all the normal contours of agriculture land. In 1995 Glory of Christ Lutheran Church constructed a new addition to the property. In 1998 Glory of Christ Lutheran Church sold 3.4 acres to Cornerstone Commons for their development. Because our property was never completely transformed from "agriculture land" to a graded finished landscaped property, there were several areas along State Hwy 55 that held deep depressions and un - maintainable areas where deep gorges were present from erosion. We had the opportunity to receive fill for these areas. We estimate that 1600 cubic yards were brought in and graded to match the existing contours of our property and the State Hwy 55 ditch line. In 2001 Glory of Christ Lutheran Church sold land to the City of Plymouth so the frontage road that leads to CVS could be constructed. Area #2 The CVS final construction grade carried into Glory of Christ Lutheran Church property. The excavating contractor requested permission from Glory of Christ to place fill along the property line and permission was given (estimated at 1400 cubic yards). A grading permit has been filed with the City of Plymouth to cover the CVS and Church property grading. When the excavator applied for the grading permit he produced a surveyed drawing of CVS property. This drawing showed a final grade elevation difference of 3 feet between the two properties, with Glory of Christ property being lower than CVS. Since the elevation difference was caused by the construction of CVS, Glory of Christ believes that CVS is responsible for the cost to restore this area to pre -construction condition. The Engineering Department has informed Glory of Christ that the City of Plymouth has a SIPA agreement for the CVS project that requires restoration of the adjacent church property at the end of construction (letter from City of Plymouth dated August 11, 2005). Restoring this property requires bringing in black soil, grading and seeding. Bill Thompson, Trustee Glory of Christ Lutheran Church Place Addn'I 61 C.Y. 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MINNESOTA Place Addn'I 367 C.Y. i l of Black Dirt Here 16 rti,c°t uEs sE» r` , ,• - q'c fir• ; A I tee„- / 1 I '\ A LIE' !I e}Esse 1 Mcla' I Cr lGw Y+ I , 9e a 9, p.!q—, off a - i° reEary ! l i m I 5 a 1 • 4a Iyk. ue9•,x's9'G 55o on - 1,nv.NUE4SEfl w. I _ f Jj .1996 R Y- Soar " iileMn t f G r0 t D palled -, tltl G Il tt tl / title oDlnl on 1 k< 1 1 ^ ^ 11 ORNtSIE!I NOF TWO PARTS 4 Twp...___... v. ....._ -. -. I Pen el ni 99u1n ownsbw sown...) olwwr althe Nud+eet au...tr — yKfbTewnYYp418N9M, gKge 22 Weal of w Sh Prplepal MrRdi-n u 19o1,Ofnef1 11y of w Sowlrxes; YM DI SIew INYnN'E2Ib. 55. 4 f RP.UISION J DATE ... . DESCRE d EX -PT MfJ he, wa al Y 4 F . 1 1 +t I I SII illi I II I I , n.m.9 41 CERTIFICATE OF1 nov nC /''udlC`T 11 Y Id 5CALE': DATE':'' InD 11 50.. 4-4-94 .. 9 CITY OF PLYMOUTH RESOLUTION 2006 - APPROVING INTERIM USE PERMIT FOR WILLIAM THOMPSON FOR FILLING OPERATIONS AT GLORY OF CHRIST LUTHERAN CHURCH, 4040 COUNTY ROAD 101 2005146) WHEREAS, William Thompson, on behalf of Glory of Christ Lutheran Church, has requested an interim use permit for property located at 4040 County Road 101, legally described as follows: North Part: That part of the South Quarter of the Southeast Quarter of the Northeast Quarter of Section 18, Township 119 North, Range 22 West of the 5th Principal Meridian lying Southwesterly of the Southwesterly line of State Highway No. 55. South Part: That part of the North Half of the Northeast Quarter of the Southeast Quarter of Section 18, Township 118 North, Range 22 West of the 5th Principal Meridian lying Southwesterly of the Southwesterly line of State Highway No. 55, EXCEPT the South 397.5 feet of the West 723.6 feet of the North Half of the Northeast Quarter of the Southeast Quarter of said Section, and further EXCEPTING the North 160 feet of the South 557.5 feet of the West 193.6 feet of the North Half of the Northeast Quarter of the Southeast Quarter of said Section, according to the United States Government Survey thereof. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by William Thompson for an interim use permit for filling at Glory of Christ Lutheran Church, 4040 County Road 101, subject to the following conditions: Resolution 2006- 2005146) Page 2 1. This interim use permit is approved to allow placement of roughly 3,428 cubic yards of fill 3,000 cubic yards previously placed and 428 additional cubic yards proposed) in accordance with the application and plans received by the City on December 13, 2005, except as may be amended by this resolution. 2. Glory of Christ Church shall be responsible for all restoration requirements and conditions of this resolution related to Fill Area 1 (located along Highway 55), and CVS Pharmacy shall be responsible for all restoration requirements and conditions of this resolution related to Fill Area 2 (located along the lot line between the Church site and CVS), as shown on the December 13, 2005 plan. 3. The fill shall consist of earthen material and shall not consist of garbage, animal or vegetable refuse, poisons, contaminants, chemicals, decayed material, filth, sewage or similar septic or biologically dangerous material. 4. Compliance with Section 2025 (Noise) of City Code. The hours for filling operations and any related grading shall be limited to between 7:00 AM and 7:00 PM Mondays through Fridays, and between 8:00 AM and 6:00 PM on Saturdays. 5. The applicant shall complete all filling, related grading, and site restoration including seeding to establish a vegetative ground cover within six months from the date of approval of the interim use permit by the City Council. 6. Prior to commencement of the filling operation and related grading, the applicant shall obtain a grading permit from the City. 7. Prior to issuance of a grading permit, the applicant shall revise the plans to indicate the following: a. Slopes shall not exceed 3:1. b. Silt fence shall be installed, as required by the City Engineer. Such silt fencing shall be maintained until vegetative ground cover is established. c. The placement of existing and proposed fill shall not negatively impact drainage. d. All sanitary sewer manholes must be field located and raised to meet final grades, if necessary. 8. Prior to issuance of a grading permit, the applicant shall stake the Highway 55 right-of-way adjacent to the subject property. 9. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. ADOPTED by the City Council on January 24, 2006. Resolution 2006- 2005146) 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 January 24, 2006 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 DATE: January 12, 2006 for the City Council Meeting of January 24, 2006 (continued from January 10, 2006 meeting) TO: Laurie Ahrens, City Manager through Doran Cote, Public Works Director FROM: Daniel K. Campbef,-I r. Engineering Technician SUBJECT: PAYMENT NO. 9 AND FINAL MEDICINE LAKE WATER QUALITY PONDS CITY PROJECT NO. 2037 ACTION REQUESTED: Make a motion to adopt the attached resolution accepting the project and approving Payment No. 9 and Final to Veit and Company, Inc. for the above project. BACKGROUND: Attached is Payment No. 9 and Final for the above project. This project provided for the construction of two water quality ponds, one located at the intersection of Lancaster Lane and East Medicine Lake Boulevard and the other located adjacent to the East Beach area south of 17`h Avenue. A storm sewer was also constructed along Lancaster Lane which diverts the flow which previously was handled through a ditch flowing through the At the Lake Apartments property south of 26`x' Avenue. All work on this project has been completed and certified by Bonestroo, Rosene, Anderlik, and Associates, Inc. (BRA) as meeting project specifications. BRA recommends approval of Payment No. 9 and Final. The original contract amount for this project was $657,650. Two change orders for additional work were approved in the amount of $48,911.12 making the final contract amount 706,561.12. The final amount of work completed is $702,368.27 or $4,192.85 less than the revised contract amount. Public Works Director Cote met with staff Wednesday morning, January 11, 2006, to discuss the above referenced project as it relates to the issues raised by Councilmember Black. They indicated that everything that was called for and detailed in the plans and specifications, as it relates to landscaping and restoration, was installed and was growing per the contract. One small area near Ryerson Steel was regraded in the fall of 2005 to facilitate drainage and that area was left to naturally vegetate. Some trees were replanted as well and those trees have a two year warranty. Councilmember Black indicated that the landscaping, although small, appeared to be growing fine but that in the open areas in vegetation appeared sparse. Councilmember Black has previously suggested the use of compost as a means of improving revegetation. While staff supported the concept, this contract did not contain provisions for placing compost and we did not want to issue a change order and extend the contract even further. Instead, when questioned previously, it was agreed by staff and SUBJECT: PAYMENT NO. 9 AND FINAL MEDICINE LAKE WATER QUALITY PONDS CITY PROJECT NO. 2037 Page 2 perhaps not communicated that once the City takes over maintenance, we would examine opportunities for composting areas of the site. In addition, we are evaluating the inclusion of composting on fixture projects. Staff has agreed to meet with Councilmember Black and any others who wish to tour the site and identify any specific shortcomings in the landscaping and restoration. BUDGET IMPACT: Funding for this project will be from the Water Resources Fund. This project was done in cooperation with Bassett Creek Watershed Management Commission (BCWMC) which has agreed to reimburse the City for the cost. The funding available through the BCWMC was $880,100, less their administrative costs. $704,786 has already been reimbursed to the City. It is anticipated that the final total project costs including construction and administration will be less than the funding being provided through the BCWMC. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council accept the project and adopt the attached resolution approving Payment No. 9 and Final for the Medicine Lake Water Quality Ponds Project, City Project No. 2037, with final payment in the amount of $34,316.61. attachments: Letter Map Payment No. 9 and Final Resolution 0-\Engineering\PROJECTS\2000 - 2009\2037\Memos\CC_Pmt_9_final_2037, doc Bonestroo Rosene Ancleriik & Associates Engineers & Architects December 28, 2005 City of Plymouth Attn: Dan Campbell 3400 Plymouth Blvd. Plymouth, MN 55447 2335 West Highway 36 • St Paul. MN 55113 Office: 651-636-4600 • Fax: 651-636-1311 wwwbonestroo corn Re: Medicine Lake Water Quality Ponds City Project No. 2037 Our File No. 70-02-117 Honorable Mayor and City Council: The work on this project has been satisfactorily completed per the plans and specifications and we recommend payment at this time.. Should you have any questions, please call me at 651-604-4868. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Thomas W. Peterson, P.E. Copy: file St Paul. St. Cloud. Rochester. MN • Milwaukee. W1 • Chicago. IL Affirmative Action/Equal Opportunity Employer and Employee owned Medicine Lake Water Quality Ponds City Project No. 2037 w o 0 om ? o N i=axa3a»mw xu,arc cowwozwEc zxaozo,»wooumQaaN rwxS»arxv, o oourco _E 0a3 FaxoLLwo cimam>x owowooowooac wro-,wxw000LL> ww` oaa"o oJfzoQ z o rz 3" z< 3o3zw lot o3 a> oao woxz<uoawafZ?a zE> aaww » wrcax oowaz zmN> »u,modoasgxr808888888888888888888888888888888888888888888888888888888888888888858888888888888885 mmmm 60TH AVE 55TH AVE. r 50TH AVE 45TH AVE 40TH AVE 35TH AVE 30TH AVE 25TH AVE. i 20TH AVE_ Mooney Lake'` 15TH AVE. 10TH AVE 5TH AVE RIDGEMOUNTAVE. 60TH AVE 55TH AVE; 50TH AVE. 45TH AVE 40TH AVE 35TH AVE 30TH AVE 15TH AVE. 10TH AVE RIDGEMOUNTAVE. 88888888888888888li 1_1 8888888888888888888ST888888888888888888888888888888888888888 888888888888888 e U 88888 m<H< <c.I, pomOz Ic;c-x O 1. moo m a N<x$< m omozs>xI.-xom;D im n "c' "A< o so oaS'-`$ oom coaa o" az a po o or_ A%.I,. mcos pianr1i-cmxicop-aicin - c_ mx < m p p 9, Iooccmi<pi<mcpi m i<5 ipxyF xHamoyoa noynx>z Naoo zpaiH a$mm$anm <<zo$F$ov,iom n o$yzzFm 5TI, my>';"'m goo 2D < N3nj Bonestroo 0 Rosene Anderlik & Associates Engineers & Architects 0 0 Dwner: City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN 55447 Date: November 2, 2005 or Period: 9/3/2005 to 11/2/2005 Request No: 9 AND FINAL Dontractor: Veit and Company, Inc., 14000 Veit Place, Rogers, MN 55374 CONTRACTOR'S REQUEST FOR PAYMENT MEDICINE LAKE WATER QUALITY PONDS AND STORM SEWER IMPROVEMENTS BRA FILE NO. 000070-02117-0 SUMMARY 1 Original Contract Amount 2 Change Order - Addition t 3 Change Order - Deduction i 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand v-' DEC 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously r 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO 9 AND FINAL Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 1611— 011— Approved by Contractor: VEIT AND COMPANY, INC. Specified Contract Completion Date: November 12. 2004 7002117R EQ 9Final. xis 48,911.12 0.00 Approved by Owner: CITY OF PLYMOUTH Date: b5ro 657,624.00 3y. /. i'. 706,53-1-42 702,368.27 0.00 702,368.27 0.00 702,368.27 668,051.66 0.00 34,316.61 7002117 R EQ9 Fi nal. x Is Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date PART 1 - STORM SEWER - LANCASTER LANE 1 36" RCP, CLASS 3 LF 169 63.00 176 11,088.00 2 30" RCP, CLASS 4 LF 434 52.00 440 22,880.00 3 24" RCP, CLASS 4 LF 656 38.00 656 24,928.00 4 18" RCP, CLASS 5 LF 10 30.00 6 180.00 5 12" RCP, CLASS 5 LF 6 28.00 12 336.00 6 36" RCP FES WITH TRASH GUARD EA 1 1846.00 1 1,846.00 7 4' DIA MANHOLE EA 1 1100.00 1 1,100.00 8 5' DIA MANHOLE EA 2 1600.00 2 3,200.00 9 6' DIA MANHOLE EA 3 2300.00 3 6,900.00 10 4' DIA MANHOLE OVERDEPTH LF 4 117.00 4 468.00 11 6' DIA MANHOLE OVERDEPTH LF 1 215.00 1 215.00 12 IMPROVED PIPE FOUNDATION LF 1000 7.00 1000 7,000.00 13 SALVAGE AND REINSTALL 42" RCP AND FES LF 16 66.00 16 1,056.00 14 CONNECT TO EXISTING MANHOLE EA 1 533.00 1 533,00 15 CONNECT TO EXISTING 42" PIPE EA 1 533.00 1 533.00 16 CONNECT TO EXISTING 12" PIPE EA 1 267.00 1 267.00 17 CLASS 3 RIPRAP CY 40 86.00 40 3,440.00 18 REMOVE BITUMINOUS PAVEMENT SY 150 3.00 150 450.00 19 REMOVE EXIST. FES AND BULKHEAD PIPE AT MANHOLE LS 1 534.00 1 534.00 20 REMOVE CONCRETE CURB AND GUTTER LF 30 5.00 20 100.00 21 TYPE LV 3 WEARING COURSE MIXTURE TN 20 110.00 20 2,200.00 22 TYPE LV 3 NON -WEARING COURSE MIXTURE TN 25 110.00 27 2,970.00 23 8618 CONCRETE CURB AND GUTTER LF 30 33.00 20 660.00 24 CLASS 5 AGGREGATE BASE TN 80 22.00 120 2,640.00 25 CLEAR & GRUB LS 1 2200.00 1 2,200.00 26 SODDING, LAWN TYPE SY 2200 2.40 1985 4,764.00 27 SEEDING AC 0.5 1320.00 0.5 660.00 28 TRAFFIC CONTROL LS 1 3820.00 1 3,820.00 29 SILT FENCE, REGULAR LF 500 1.50 2374 3,561.00 TOTAL PART 1 - STORM SEWER - LANCASTER LANE 110,529.00 PART 2 - PONDING (BC -98) 30 MOBILIZATION LS 1 9400.00 1 9,400.00 31 CLEAR & GRUB LS 1 8700.00 1 8,700.00 32 POND EXCAVATION CY 23600 6.60 23600 155,760.00 33 CONCRETE OVERFLOW WEIR WITH SKIMMER LS 1 25000.00 1 25,000.00 34 SHEET PILE OUTLET WEIR LS 1 8500.00 1 8,500.00 35 SILT FENCE, REGULAR LF 1700 1.20 845 1,014.00 36 CLASS 3 RIPRAP CY 70 86.00 140 12,040.00 37 PARK BENCH EA 1 1656.00 1 1,656.00 38 AUTUMN BLAZE MAPLE, 2 1/2" CAL. B&B EA 2 292.00 2 584.00 39 RIVER BIRCH, 12' HEIGHT B&B- EA 12 125.00 12 1,500.00 40 COMMON HACKBERRY, 2" CAL. B&B EA 6 191.00 6 1,146.00 41 GREEN ASH, 21/2" CAL. B&B EA 3 242.00 3 726.00 42 SERVICEBERRY CLUMP, 5' HEIGHT B&B- EA 9 135.00 9 1,215.00 43 EASTERN RED CEDAR, 4' B&B EA 8 267.00 8 2,136.00 44 AUSTRIAN PINE, 6' B&B EA 10 200.00 10 2,000.00 45 SWAMP WHITE OAK, 2" CAL. CONTAINER STOCK EA 11 281.00 11 3,091.00 46 AFTERGLOW WINTERBERRY, 5 GALLON EA 25 67.00 25 1,675.00 47 JIM DANDY WINTERBERRY, 2 GALLON EA 7 39.00 7 273.00 48 ISANTI DOGWOOD, 2 GALLON EA 17 38.00 17 646.00 49 SUTHERLAND GOLD ELDERBERRY, 5 GALLON EA 31 55.00 31 1,705.00 50 SMOOTH SUMAC, 2 GALLON EA 27 45.00 27 1,215.00 51 AMERICAN HAZEL (CORYLUS AMERICANA), 2 GALLON EA 45 50.00 45 2,250.00 52 HAHS VIBURNUM, 5 GALLON EA 18 64.00 18 1,152.00 53 LITTLE BLUESTEM, 1 GALLON EA 150 12.00 150 1,800.00 54 PURPLE CONEFLOWER, 1 GALLON EA 75 12.00 75 900.00 55 GATEWAY JOE PYE WEED, 1 GALLON EA 50 12.00 50 600.00 56 MONARDA, 1 GALLON EA 50 12.00 50 600.00 57 BLAZING STAR, 1 GALLON EA 150 12.00 150 1,800.00 58 BLACK EYED SUSAN, 1 GALLON EA 75 12.00 75 900.00 59 ASTER, 1 GALLON EA 50 12.00 50 600.00 60 NATIVE SEEDING AC 3.8 1980.00 2 3,960.00 TOTAL PART 2 - PONDING (BC -98) 254,544.00 7002117 R EQ9 Fi nal. x Is 7002117 RE09Final.xls Contract Unit Quantity Amount No. Item Unit Quantity Price to Date to Date PART 3 - STORM SEWER - 17TH AVENUE 61 36" RCP, CLASS 3 LF 310 60.00 310 18,600.00 62 36" RCP FES WITH TRASH GUARD EA 1 1751.00 1 1,751.00 63 DIVERSION STRUCTURE LS 1 15547.00 1 15,547.00 64 6' DIA MANHOLE EA 1 2400.00 2 4,800.00 65 IMPROVED PIPE FOUNDATION LF 300 7.00 0.00 66 CONNECT TO EXISTING 54" RCP -ARCH EA 1 1068.00 1 1,068.00 67 REMOVE 4' CHAIN LINK FENCE LF 275 7.00 270 1,890.00 68 REMOVE CATCH BASIN EA 1 534.00 0.00 69 SODDING SY 900 2.50 900 2,250.00 70 CLASS 3 RIPRAP CY 50 86.00 50 4,300.00 71 REPAIR EXISTING 54" RCP ARCH OUTLET, ADD ONE PIPE SECTION, SALVAGE AND REINSTALL FES. LS 1 3000.00 1 3,000.00 TOTAL PART 3 - STORM SEWER - 17TH AVENUE 53,206.00 PART 4 - PONDING (BC -107) 72 POND EXCAVATION CY 12700 7.00 12700 88,900.00 73 OUTLET SKIMMER STRUCTURE EA 1 4800.00 1 4,800.00 74 REMOVE CATCHBASIN EA 1 533.00 1 533.00 75 REMOVE BITUMINOUS PAVEMENT SY 6000 2.70 5535 14,944.50 76 REMOVE FES AND BULKHEAD PIPE EA 2 800.00 2 1,600.00 77 REMOVE CONCRETE CURB AND GUTTER LF 450 3.00 1331 3,993.00 78 CONNECT TO EXISTING WATER SERVICE EA 1 533.00 1 533.00 79 8" WET TAP AND 8" GATE VALVE EA 1 3200.00 1 3,200.00 80 DUCTILE IRON FITTINGS LB 200 2.00 200 400.00 81 8" DIP, CL. 52 LF 341 35.00 341 11,935.00 82 8" JOINT RESTRAINT EA 6 84.00 6 504.00 83 PLUG AND REMOVE EXISTING WATER SERVICE LS 1 1400.00 1 1,400.00 84 TYPE LV 3 WEARING COURSE MIXTURE TN 350 45.50 322 14,651.00 85 TYPE LV 3 NON -WEARING COURSE MIXTURE TN 450 40.00 380 15,200.00 86 BITUMINOUS MATERIAL FOR TACK COAT GAL 200 2.50 100 250.00 87 B618 CONCRETE CURB AND GUTTER LF 150 27.00 150 4,050.00 88 CLASS 5 AGGREGATE BASE TN 500 22.00 473 10,406.00 89 12" RCP, CLASS 5 LF 35 25.00 0.00 90 36" RCP, CLASS 3 LF 135 65.00 135 8,775.00 91 12" RCP FES EA 1 536.00 0.00 92 36" RCP FES EA 1 930.00 1 930.00 93 36" RCP FES WITH TRASH GUARD EA 1 2227.00 1 2,227.00 94 CLASS 3 RIPRAP CY 30 86.00 30 2,580.00 95 PARK BENCH EA 2 1700.00 2 3,400.00 96 BICYCLE RACK EA 1 1400.00 1 1,400.00 97 WATER MAIN OFFSET EA 1 3600.00 1 3,600.00 98 REMOVE HYDRANT AND VALVE LS 1 460.00 1 460.00 99 GRUB TREE EA 20 105.00 19 1,995.00 100 BOLLARD EA 4 350.00 4 1,400.00 101 SILT FENCE, REGULAR LF 800 1.30 637 828.10 102 4" SOLID LINE, WHITE PAINT LF 1400 0.50 1400 700.00 103 ADJUST FRAME AND RING CASTING EA 2 133.00 3 399.00 104 AUTUMN BLAZE MAPLE, 2 1/2" CAL. B&B EA 4 292.00 4 1,168.00 105 RIVER BIRCH, 12' HEIGHT B&B- EA 2 125.00 2 250.00 106 COMMON HACKBERRY, 2" CAL. B&B EA 2 190.00 2 380.00 107 SERVICEBERRY CLUMP, 5' HEIGHT B&B- EA 8 135.00 8 1,080.00 108 EASTERN RED CEDAR, 4' B&B EA 10 267.00 10 2,670.00 109 AUSTRIAN PINE, 6' B&B EA 11 200.00 7 1,400.00 110 SWAMP WHITE OAK, 2" CAL. CONTAINER STOCK EA 2 280.00 2 560.00 111 AFTERGLOW WINTERBERRY, 5 GALLON EA 22 66.00 22 1,452.00 112 JIM DANDY WINTERBERRY, 2 GALLON EA 8 39.00 8 312.00 113 ISANTI DOGWOOD, 2 GALLON EA 18 37.00 18 666.00 114 SUTHERLAND GOLD ELDERBERRY, 5 GALLON EA 18 55.00 18 990.00 115 SMOOTH SUMAC, 2 GALLON EA 16 45.00 16 720.00 116 AMERICAN HAZEL (CORYLUS AMERICANA), 2 GALLON EA 10 50.00 10 500.00 117 HAHS VIBURNUM, 5 GALLON EA 36 64.00 36 2,304.00 118 LITTLE BLUESTEM, 1 GALLON EA 80 12.00 80 960.00 119 PURPLE CONEFLOWER, 1 GALLON EA 80 12.00 80 960.00 120 GATEWAY JOE PYE WEED, 1 GALLON EA 80 12.00 80 960.00 121 MONARDA, 1 GALLON EA 80 12.00 80 960.00 7002117 RE09Final.xls No. Item 122 BLAZING STAR, 1 GALLON 123 BLACK EYED SUSAN, 1 GALLON 124 ASTER, 1 GALLON 125 SODDING 126 NATIVE SEEDING 127 TYPE 3 EROSION CONTROL BLANKET TOTAL PART 4 - PONDING (BC -107) CHANGE ORDER NO. 1 Part 1 1 LOWER FES ON BC -98 TO CLEAR STREET SECTION AND UTILITY CONFLICT 2 CLEARING AND GRUBBING ADDITIONAL TREES FROM WIND STORM ALONG LANCASTER LANE 3 RELOCATION OF WEIR WALL ON POND BC -98 4 INSTALLATION OF PROJECT SIGN 5 FLOATING SILT FENCE ADDED DUE TO EROSION ON BC -107 6 DISPOSAL FEE TO REMOVE DEBRIS LOCATED IN POND EXCAVATION AREA 7 RELOCATION OF DIVERSION STRUCTURE ON BC -107 DUE TO SANITARY SEWER CONFLICT AND TREES TOTAL CHANGE ORDER NO. 1 CHANGE ORDER NO. 2 1 IMPROVED PIPE FOUNDATION 2 POND EXCAVATION 3 8618 CONCRETE CURB AND GUTTER TOTAL CHANGE ORDER NO. 2 TOTAL PART 1 - STORM SEWER - LANCASTER LANE: TOTAL PART 2 - PONDING (BC -98): TOTAL PART 3 - STORM SEWER - 17TH AVENUE: Total PART 4 - PONDING (BC -107): Total Part 1 TOTAL TOTAL WORK COMPLETED TO DATE 7002117REQ9Fha1.x1s ' 235,178.15 LS 1 1879.00 1 $1,879.00 LS 1 3932.50 1 $3,932.50 LS 1 772.50 1 $772.50 LS 1 500.00 1 $500.00 LS 1 5500.00 1 $5,500.00 LS 1 267.12 1 $267.12 LS 1 3000.00 1 $3,000.00 15,851.12 LF 450 7.00 450 $3,150.00 CY 3000 7.00 3000 $21,000.00 LF 330 27.00 330 $8,910.00 33,060.00 110,529.00 254,544.00 53,206.00 235,178.15 15,851.12 33,060.00 Contract Unit Quantity Amount Unit Quantity Price to Date to Date EA 80 12.00 80 960.00 EA 80 12.00 80 960.00 EA 80 12.00 80 960.00 SY 900 3.85 143 550.55 AC 1.9 1980.00 1.9 3,762.00 SY 2000 2.00 1850 3,700.00 235,178.15 LS 1 1879.00 1 $1,879.00 LS 1 3932.50 1 $3,932.50 LS 1 772.50 1 $772.50 LS 1 500.00 1 $500.00 LS 1 5500.00 1 $5,500.00 LS 1 267.12 1 $267.12 LS 1 3000.00 1 $3,000.00 15,851.12 LF 450 7.00 450 $3,150.00 CY 3000 7.00 3000 $21,000.00 LF 330 27.00 330 $8,910.00 33,060.00 110,529.00 254,544.00 53,206.00 235,178.15 15,851.12 33,060.00 PROJECT PAYMENT STATUS OWNER CITY OF PLYMOUTH BRA FILE NO. 000070-02117-0 CONTRACTOR VEIT AND COMPANY, INC. CHANGE ORDERS No. Date Description Amount 1 2/1/2005 This Change Order provides for additional work on this project. See Change Order. 15,851.12 2 9/2/2005 This Change Order provides for additional work on this project. See Change Order. 33,060.00 08/05/04 131,936.00 11,944.70 238,894.00 3 08/06/2004 09/06/04 173,472.95 Total Change Orders 48,911.12 PAYMENT SUMMARY No. From To Payment Retainage Completed 1 06/01/2004 07/01/04 95,013.30 5,000.70 100,014.00 2 07/02/2004 08/05/04 131,936.00 11,944.70 238,894.00 3 08/06/2004 09/06/04 173,472.95 21,074.86 421,497.11 4 09/07/2004 09/30/04 113,306.50 27,038.36 540,767.11 5 10/01/2004 11/01/04 56,338.32 30,003.53 600,070.60 6 11/02/2004 01/06/05 55,903.75 32,945.83 658,916.65 7 01/07/2005 02/25/05 28,254.06 34,432.89 688,657.77 8 02/26/2005 09/02/05 13,826.78 35,160.61 703,212.27 9 AND FINAL 09/03/2005 11/02/05 34,316.61 702,368.27 Material on Hand Total Payment to Date 702,368.27 Original Contract 657,620.00 Retainage Pay No. 9 AND FINAL Chan e Orders 48,911.12 Total Amount Earned 702,368.27 Revised Contract 706,531.12 7002117REQUinalAs CITY OF PLYMOUTH RESOLUTION NO. 2006 - REQUEST FOR PAYMENT NO.9 AND FINAL MEDICINE LAKE WATER QUALITY PONDS PROJECT CITY PROJECT NO. 2037 WHEREAS, the City of Plymouth as owner and Veit and Company, Inc., as contractor, have entered into an agreement for Medicine Lake Water Quality Ponds Project, City Project No. 2037, said agreement being dated May 7, 2004; and WHEREAS, the Engineer has certified his acceptance of the work and his approval of the final request for payment; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $657,650. Two change orders were approved in the amount of $48,911.1.2 and the value of the work to date is 702,368.27 and is herewith approved. This project does not exceed the revised contract amount. 2. That the work performed by the contractor for Medicine Lake Water Quality Ponds Project and certified to the Council by the Engineer as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 9 and Final in the amount of $34,316.61 to Veit and Company, Inc. for Medicine Lake Water Quality Ponds Project, City Project No. 2037 is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. Adopted by the City Council on January 10, 2006. WEngineering\PROJECTS\2000 -2009\2037\Resolutions\Pmt_9_Final_2037_Res.doc 6A DATE: January 17, 2006 for the City Council Meeting of January 24, 2006 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Dave Taylor, Senior Engineering Technician SUBJECT: AWARD CONSTRUCTION CONTRACT TIMBER CREEK EROSION CONTROL IMPROVEMENT PROJECT CITY PROJECT NO. 4137 ACTION REQUESTED: Make a motion to adopt the attached resolution awarding the contract for construction of the Timber Creek Erosion Control Improvement Project. BACKGROUND: Serious erosion has occurred between the houses located on 28`x' and 29'x' Avenues, and between Medicine Ridge Road and Quaker Lane. Drainage has historically discharged into a small ravine at Timber Creek, where it enters the storm sewer culvert next to 2820 Medicine Ridge Road and then proceeds west to Medicine Lake. In addition to discharging sediment to Medicine Lake, the erosion requires regular sediment removal to protect a house in the area from flooding. After neighborhood meetings and updates, on November 29, 2005 the City Council approved final drawings and authorized the project to be advertised for bids. We have received all necessary easements for the project. Bids were publicly opened for the construction of the Timber Creek Erosion Control Improvement Project on Monday, January 9, 2006. A total of ten bids were received at the following prices. Contractor Base Bid Minger Construction 161,987.95 C & L Excavation, Inc. 169,214.30 GL Contracting, Inc. 174,565.00 Dave Perkins Construction 183,510.00 Kevitt Excavating 186,086.10 Veit & Company, Inc. 195,951.00 Penn Contracting, Inc. 203,205.00 Holst Excavation 207,380.25 Park Construction Company 232,851.04 Borresen Construction 259,384.25 Engineer's Estimate 196,461.50 PMEngineering\projects\2000-2009\4137\memo\awardbid_CC_4137_ 19 AWARD CONTRACT TIMBER CREEK EROSION CONTROL IMPROVEMENT PROJECT CITY PROJECT No. 4137 Page Two The low bidder was 17.5%, or $34,473.55 lower than the engineer's estimate of 196,461.50. The bids were checked for accuracy, and the low bidder is Minger Construction, Inc. Staff reviewed the information submitted by the low bidder to comply with the bidder qualification criteria policy. Based on previous experience and favorable references, staff believes they are capable of constructing the project in accordance with the approved plans and specifications. Staff finds that Minger Construction is the lowest responsible bidder for this project and recommends that the bid be awarded to Minger Construction. BUDGET IMPACT: Based on the low bid received of $161,98795, the total project cost which includes design, administration, survey, legal and contingencies, is estimated to be 211,000.00. The estimated cost in the City's Capital Improvements Plan is $250,000. Funding for this project is from the Water Resources Fund. RECOMMENDATIONS: I recommend that the City Council adopt the attached resolution awarding the contract for City Project No. 4137, known as the Timber Creek Erosion Control Improvement Project, to the lowest responsible bidder, Minger Construction, Inc, in the amount of 5161,987.95. Attachment: Location Map Resolution CONSTRUCTION PLANS FOR : DRAINAGE IMPROVEMENTS 2005 TIMBER CREEK EROSION CONTROL IMPROVEMENT PROJECT CITY PROJECT NO. 4137 J11 i i I.1 G I I I I I L-Luit-u-t-t M lit J PROJECT _ AREA -- - I 0 28 TH AV _ i G _ 26TH AV 1 I PROJECT LOCATI N MAP CITY OF PLYMOUTH RESOLUTION NO. 2006 - RESOLUTION AWARDING BID TIMBER CREEK EROSION CONTROL IMPROVEMENT PROJECT CITY PROJECT NO. 4137 WHEREAS, pursuant to an advertisement for bids for construction of the Timber Creek Erosion Control Improvement Project, City Project No. 4137, and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID Minger Construction 161,987.95 C & L Excavation, Inc. 169,214.30 G L Contracting, Inc. 174,565.00 Dave Perkins Construction 183,510.00 Kevitt Excavating 186,086.10 Veit & Company, Inc. 195,951.00 Penn Contracting, Inc. 203,205.00 Holst Excavation 207,380.25 Park Construction Company 232,851.04 Borresen Construction 259,384.25 WHEREAS, it appears that Minger Construction, Inc. of Chanhassen, MN is the lowest responsible bidder, complying with the minimum specifications; and WHEREAS, The total project cost, including engineering, administration, and based on the low bid is estimated to be $211,000.00, which is $34,473.55 below the Engineer's Estimate of $196,461.50; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into the contract with Minger Construction, Inc. of Chanhassen, MN in the name of the City of Plymouth for the construction of the Timber Creek Erosion Control Improvement Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer in the amount of $161,987.95. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Funding will be from the Water Resources Fund in the amount of $211,000.00. Adopted by the City Council on January 24, 2005. P W\engineering\projects\2000-2009\4137\resolutions\award bid—I9 Agenda Number:, 4 For Expenditures Exceeding $50,000 DATE: January 11, 2006 for Council Meeting of January 24, 2006 TO: Laurie Ahrens, City Manager through Doran Cote, Director of Public Works FROM: (Y - Thomas Vetsch, Public Works Superintendent. SUBJECT: Purchase of a Tractor Crawler Dozer PROPOSED MOTION: Make a motion to adopt the attached resolution approving the purchase of Tractor Crawler Dozer BACKGROUND: The City has made a commitment to establish and maintain an aggressive pond cleaning and drainage way maintenance program.. To date two excavators have been. purchased to perform this work and a tractor/trailer has been purchased to haul the excavators. To further aid in the pond maintenance program, a larger dozer is needed to push material that has been dug out of an area that trucks cannot reach. In some instances the dozer can perform the entire pond cleaning by pushing the excess material out of the pond. This dozer will be used for other Public Works and Park Maintenance projects such as site preparation and leveling of excess material from projects. In 199$ the city purchased the first dozer. It was a smaller wide tracked dozer primarily designed for finishing work and light dozer work. The uses at that time were different than theyare now. Plans for aggressive pond cleaning was not a goal at that time. We are currently using the small dozer to accomplish larger projects but to often we are working the machine out of class and the work takes a considerable amount of gime. During the budget process $115,000 was budgeted in the Water Resources budget to pay for an upgrade to a larger dozer. The remainder was proposed to be from proceeds after auctioning off the existing dozer. The estimated sale price of the existing dozer is $35,000 o:\maintenance\pubwks\centegp\ccmemres\2006\dozer d5 1.10.06.doc Page 2; Purchase of Tractor Crawler Dozer BUDGET IMPACT: The City's purchasing policy allows purchases off a State or County contract. Ziegler Inc, Inc. has a contract with the State for Tractor Crawler Dozers (contract # 434837) The City is able to purchase a Tractor Crawler Dozer meeting our specifications for $149,922.18, including state sales tax. Adequate funds have been budgeted for this purchase. The Water Resources budget includes $115,00 for the upgrade to a larger dozer. The remainder will come from proceeds of the sale of the existing dozer ($34,922.18) RECOMMENDATION: I recommend the City Council approve the purchase of one current model Tractor Crawler Dozer to replace the existing Dozer ATTACHMENTS: RESOLUTION o:\maintenance\pubwks\centegp\ccmemres\2006\dozer d5 1.10.06.doc CITY OF PLYMOUTH RESOLUTION NO. 06 - APPROVAL OF ONE CURRENT MODEL TRACTOR CRAWLER DOZER WHEREAS, The City council has approved funds to purchase a replacement Tractor Crawler Dozer; and WHEREAS, The Water Resources budget has finding ($115,000) to pay for an upgraded dozer and that the Central equipment replacement fund will fund $34,922.18 with the sale of the existing dozer; and WHEREAS, the City may purchase off State contracts; and WHEREAS, Zielger Inc. has a contract with the State for this piece of equipment meeting the city's specifications; and WHEREAS, the contract # is 434837 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that to purchase a new current model Tractor Crawler Dozer off the state contract through Ziegler Inc. for the price of $149,922.18 including sales tax. FURTHER BE IT RESOLVED, the funding will be from account 505-1750-8004 $115,000 602-1760-8004 S 34.922.18 Adopted by the City Council on January 24, 2006 o:\maintenance\pubwks\centegp\ccmemres\2006\dozer d5 1.10.06.doc Agenda Number b r 0 1 CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: January 17, 2006 for the City Council Meeting of January 24, 2006 TO: Laurie Ahrens, City Manager through Doren Cote, P.E., Director of Public Works FROM: Dave Taylor, Senior Engineering Technician SUBJECT: 2006-2007 STREET SWEEPING PROGRAM CITY PROJECT NO 6124E ACTION REQUESTED: Make a motion to adopt the attached resolution approving specifications and ordering advertisement for bids for a combined 2006-2007 Mechanical and Regenerative Street Sweeping Program. BACKGROUND: The new program combines the existing Mechanical and Regenerative Street Sweeping Programs under one contract, thus increasing sweeping effectiveness, and extends the street sweeping contracts from one to two years to receive better pricing. The 2005 Mechanical Street Sweeping contract was awarded to Reliakor on March 9, 2005. The Mechanical Street Sweeping contract was managed in-house by Streets Supervisor Gary Smith. Beginning March 28, Reliakor swept all City streets for over 434 hours (about 2 weeks) with 5 mechanical brooms. Total cost for the mechanical street sweeping was $27,590.75. As part of the Water Resources/Water Quality Program, the 2005 Regenerative Street Sweeping contract was awarded to Carefree Services on April 12, 2005 for $49,650. Sweeping coordination was managed in-house by Senior Engineering Technician Dave Taylor and material collection data analyzed by Water Resources Technician Derek Asche. This contract required regenerative air sweepers that pick up many of the fine sediments missed by mechanical broom sweepers in designated "Priority Sweep Sectors" which are close to water features. Carefree Services used Tymco and Swartz regenerative air sweepers to meet this requirement. Streets were swept three times in the priority areas, from mid-April to mid-September. Nearly 277 miles of City streets were included in the Mechanical Street Sweeping contract. The Regenerative Street Sweeping contract included about seventy percent of those streets, plus 17 parking lots. Reliakor collected 1240 cubic yards of material during the mechanical sweep while Carefree Services collected 464 cubic yards with their regenerative sweeping. The total material picked up, for both programs, is equivalent to over 168 dump trucks. City crews deposited materials collected during the mechanical sweep at the City disposal. Materials collected during the regenerative sweeps were hauled out of the City, as required by that contract. P W\Engineering\Proj ects\2000-2009\6124E\M euroACC_streetsweep_memo 1 2006-2007 STREET SWEEPING PROGRAM Page 2 of 2 Based on available data, staff estimates that one cubic yard of material collected by a regenerative street sweeper contains about one pound of phosphorous, mostly within fine materials that are smaller than sand particles. Therefore, in 2005 we have potentially removed about 464 pounds of phosphorous from our drainage systems. In addition, the sediment would eventually be trapped in area ponds or wetlands and require removal by dredging. Dredging the material would also not remove as much of the phosphorus. Considering the cost, total phosphorous and sediment removed, mechanical and regenerative sweeping are very effective programs and should continue to be implemented and expanded in the City of Plymouth. The initial mechanical sweeping is needed to remove large debris and winter sand particles from the roadways. It also improves the effectiveness of the regenerative sweeping. Combining both programs would improve coordination and sweeping effectiveness. In order to comply with anticipated requirements Federal, State, and local rules, the new Street Sweeping Program will require mechanical and regenerative sweeping of all City streets, including those outside the previous Priority Areas. The all -City mechanical sweep, working closely with City Maintenance and broom crews, occurs after the City has sufficiently thawed, which is typically during the last week in March. In 2006- 2007 it will be followed immediately by the first regenerative sweep. The objective is to get the materials off of the street before spring rain washes these sediments into the City's storm sewer system. Two more Citywide regenerative sweepings will occur through the summer, and will be timed to avoid the dropping of leaves in September. The City will also coordinate all such sweepings to avoid streets that have received recent road improvements (sea] coat, reconstruction, temporary overlay plus mill and overlay), to avoid damage to these renewed surfaces. See attached map for anticipated road improvement locations. BUDGET IMPACT: The cost for the 2 -year program is estimated at $150,000 and will be from the Water Resources Fund. Funding for the first year is included in the approved 2006 Budget. The bids will be based on a two-year contract, which is renewable annually, and paid on an actual per mile cost. SUMMARY: Street sweeping is one of the most cost effective best management practices in the City of Plymouth. By combining the Mechanical and Regenerative Street Sweeping Contracts we expect improvements to the effectiveness of the programs. Street Sweeping fulfills the implementation goals of the Water Resources Management Plan, Environmental Protection Agency Phase II Permit and City's lake management plans. RECOMMENDATIONS: I recommend that the City Council adopt the attached resolution approving specifications for the combined Mechanical and Regenerative Street Sweeping Program and ordering advertisements for bids. Attachments: City Map including Street Repairs Resolution PW\Engineering\Projects\2000-2009\6124E\Memo\CC_streetsweep_memo I CITY OF PLYMOUTH RESOLUTION NO. 2006 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2006-2007 STREET SWEEPING PROGRAM CITY PROJECT NO. 6124E WHEREAS, plans and specifications have been prepared by the City's Engineering Staff, for the 2006-2007 Street Sweeping Program in the City of Plymouth and said plans and specifications have been presented to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is on file in the City Engineer's office and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on February 27, 2006 at which time they will be publicly opened in the Council Chambers of the Plymouth City Center building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Engineer and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Adopted by the City Council on January 24, 2005. PW\engineering\projects\6124E\resolutions\res_approve_plans_and specs bid w 2006 - 2007 Street Projects3 - S 3358 5j 9 5 3 s 3 21 Contract Street Sweeping F 2006 Mill & Overlay 2007 Mill & Overlay Pending) sTII,r - 2006 Temporary Overlay 2007 Temporary Overlay Pending) 2006 Reconstruction Projects arH E 2007 Reconstruction Projects rH E 2006 Seal Coat s„ASE t- ---- 2007 Seal Coat 15i1l iME I.rIIIAV, - NIhG .f0 .VC VI 10Fo< 0n0° a" zN n nn n .o» Z,.=. P p oomLaa< <-oooia_, a_ F wi"g_ o °az°o- 3 N a 3mm"4-y ^ oz=£- oo z_ o _ e' n_ o Aonnomozs_ o" ha' oNmFom o no N aooisi=omW E o m o 0 0 o Oz o m rib January 4, 2006 City of Plymouth. Minnesolz 20062007M—t— eping mr Agenda Number: I 10 TO: Laurie Ahrens, City Manager FROM: Connie Ecker, Accountant through Dale E. Hahn, Administrative Services Director SUBJECT: DECLARING COSTS AND SETTING PUBLIARING FOR 2005 WEED ERADICATION AND DESTRUCTION, ROLL 1 DATE: January 17, 2006 for City Council Meeting January 24, 2006 1. ACTION REQUESTED: Adopt the attached resolutions declaring the cost to be assessed, and ordering the preparation of the assessment roll, and the necessary resolutions setting February 28, 2006 for the Public Hearing for 2005 Weed Eradication and Destruction, Roll 1. 2. BACKGROUND: Plymouth City code specifies that noxious weeds shall be eradicated and destroyed, and that nuisance vegetation in excess of eight inches in height shall be cut. During the summer, the City investigates complaints and other obvious noxious weed problems. The City notifies the property owners and gives them 10 days to remove the weeds themselves. If the weeds are not removed within the required timeline, the City has contractual crews carry out the removal process. The 2005 Weed Eradication and Destruction, Roll 1 is for two properties. The affected property owners were billed for the costs associated with eradication and destruction and given at least 30 days to pay the costs. The total amount of the unpaid billing is $525.00. 3. RECOMMENDATION: I recommend the City Council adopt the attached resolutions declaring the cost be assessed and ordering preparation of the assessment roll and set the public hearing for February 28, 2006. From Pmiect Number >= 000790 To Proiect Number <= 000790 2005WEEDS- LLi Project Number000790 WiI?roJectDescnptaon i 02-118-22-21-0041 BASS LK EST 12-118-22-14-0001 NW BELL PLYMOUTH OFF I Report Run By: Sheila Schultze Report Title: Pending Assessments Report Pending Assessments Report 9700 SCHMIDT LAKE RD BASS LAKE ESTATES HOMI 150.00 150-00 2501 LANCASTER LN N PLYMOUTH. MN 55441 AGA MEDICAL CORP 375.00 375.00 TED JOHNSON 682 MENDOLSSOHN AVE N GOLDEN VALLEY. MN 5542 Project Number 000790 Subtotals : $525.00 $525.00 Page 1 Date Printed: 1/13/2006 9:21:08AM CITY OF PLYMOUTH RESOLUTION NO. 2006 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARA`T'ION OF PROPOSED ASSESSMENT FOR 2005 WEED ERADICATION AND DESTRUCTION, ROLL 1 WHEREAS, pursuant to the provision of Section 429.101 M. S. A., the Weed Inspector of the City of Plymouth, has caused the 2005 Weed Eradication and Destruction, Roll 1 on certain lands within said City, and a determination has been made that certain charges thereto have not been paid as provided by law, and the total amount of such work amounts to $525.00. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The cost of such assessment to be specially assessed is hereby declared to be $525.00. 2. The City Clerk, with the assistance of the City Weed Inspector 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 the clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council on January 24, 2006 CITY OF PLYMOUTH RESOLUTION NO. 2006 - RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT 2005 WEED ERADICATION AND DESTRUCTION, ROLL 1 WHEREAS, by a resolution passed by the Council on January 24, 2006 the City Clerk was directed to prepare a proposed assessment for the total cost for the 2005 Weed Eradication and Destruction, Roll 1 on certain lands within the City as provided by law; 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 HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A public hearing shall be held on the 28`h day of February, 2006 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 charges 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 amount of the assessment. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll. Adopted by the City Council on January 24, 2006 Agenda Number: TO: Laurie Ahrens, City Manager FROM: Connie Ecker, Accountant through Dale E. Hahn, Director of Administrative Service SUBJECT: DECLARING COSTS AND SETTING PUBLIC HE G FOR 2005 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1 DATE: January 17, 2006 for City Council Meeting for January 24, 2006 1. ACTION REQUESTED: Adopt the attached resolutions declaring the cost to be assessed, ordering the preparation of the assessment roll, and setting February 28, 2006 for Public Hearing for 2005 Removal and Destruction of Diseased Trees, Roll 1. 2. BACKGROUND: Plymouth City code states that it is the intention of the City Council to control and prevent the spread of shade tree diseases in conformance with the policies and procedures embodied in Minnesota Statutes, Section 18G.16. During each summer, the Forestry Division marks diseased trees throughout the City for removal. Property owners are notified, and given twenty days to remove the diseased trees themselves. If the diseased trees are not removed within the required timeline, the City has contractual crews carry out the removal process. The 2005 Removal and Destruction of Diseased Trees, Roll 1 is for 6 properties. The affected property owners were billed for the costs associated with removal and destruction and given at least 30 days to pay the costs. The total amount of the unpaid billing is 16,574.66. 3. RECOMMENDATION: I recommend the City Council adopt the attached resolutions declaring the cost to be assessed and ordering preparation of the assessment roll and set the public hearing for February 28, 2006. From Project Number >= 000789 To Project Number <= 000789 Pending Assessments Report 11-118-22-21-0034 LARCH HGTS LAGOON 2ND 13-118-22-21-0310 HAMM BERG 13-118-22-32-0038 MEADOW LAWN EST 5TH 15-118-22-41-0002 Unplatte:d Section 15 24-118-22-31-0020 TIMBER CREEK 30-118-22-14-0005 Unplatted Section 30 12115 53RD AVE N GERALD ANDERSON 739.00 MARY ANDERSON 12115 53RD AVE N PLYMOUTH MN 55442 STATE OF MINNESOTA 531.33 300 S 6TH ST GOVNMENT C" MINNEAPOLIS. MN 55487-0 3945 YORKTOWN LN N JAMES KLENK 6,138.55 BARBARA KLENK 3945 YORKTOWN LN N PLYMOUTH MN 55441 13015 ROCKFORD RD CHURCH OF ST JOSEPH 1,298.13 130.15 ROCKFORD RD PLYMOUTH, MN 55441 2940 MEDICINE RIDGE RD JACOB J HECKENLAIBLE 6,905.00 4522 BOULEVARD PL DES MOINES, IA 50311 DONALD MYRON 962.65 DONNA MYRON 2425 MERRIMAC LN N PLYMOUTH MN 55447 Project Number 000789 Subtotals : 16,574.66 739.00 531.33 6,138.55 1,298.13 6,905.00 962.65 16,574.66 Report Run By: Sheila Schultze Report Title: Pending Assessments Report Page 1 Date Printed: 1/13/2006 9:22:12AM CITY OF PLYMOUTH RESOLUTION NO. 2006 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2005 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1 WHEREAS, pursuant to the provision of Section 429.101 M.S.A., the Forester of the City of Plymouth, has caused the 2005 Removal and Destruction of Diseased Trees, Roll 1 on certain lands within said City, and a determination has been made that certain charges thereto have not been paid as provided by law, and the total amount of such work amounts to $16,574.66. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The cost of such assessment to be specially assessed is hereby declared to be 16,574.66. 2. The City Clerk, with the assistance of the City Forester 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 the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council on January 24, 2006 CITY OF PLYMOUTH RESOLUTION NO. 2006 - RESOLUTION FOR PUBLIC HEARING ON PROPOSED ASSESSMENT 2005 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL 1 WHEREAS, by a resolution passed by the Council on January 24, 2006 the City Clerk was directed to prepare a proposed assessment for the total cost for the 2005 Removal and Destruction of Diseased Trees, Roll 1 on certain lands within the City as provided by law; 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 HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. A public hearing shall be held on the 28th day of February, 2006 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 charges 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 amount of the assessment. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll. Adopted by the City Council on January 24, 2006 A417blided CITY OF PLYMOUTH RESOLUTION NO. 2006 - RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 2005 REMOVAL AND DESTRUCTION OF DISEASED TREES, ROLL I WHEREAS, pursuant to the provision of Section 429.101 M.S.A., the Forester of the City of Plymouth, has caused the 2005 Removal and Destruction of Diseased Trees, Roll 1 on certain lands within said City, and a determination has been made that certain charges thereto have not been paid as provided by law, and the total amount of such work amounts to $16,043.33. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The cost of such assessment to be specially assessed is hereby declared to be 16,043.33. 2. The City Clerk, with the assistance of the City Forester 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 the Clerk shall file a copy of such proposed assessment in the office of the City Clerk for public inspection. 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council on January 24, 2006 Agenda Number: / 1 CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Eric Blank, Director of Parks and Recreation DATE: January 17, 2006, for Council Meeting of January 24 SUBJECT: Plymouth Iee Center Expansion — Change Order No. 2 and Final Payment for Wheeler Hardware 1. ACTION REQUESTED: The City Council should pass the attached resolution approving change order no. 2 in the amount of $1,205 and final payment in the amount of $2,667.67. 2. BACKGROUND: Wheeler Hardware was the supplier of doors, locks, and miscellaneous hardware for the Ice Center expansion project. They did not provide any labor on the project. Their original contract amount was $31,200. The City Council previously approved change order no. 1 in the amount of $8,088. Change order no. 2 is submitted in the amount of 1,205. These changes were made to locker room doors at the request of the City of Plymouth to comply with building code issues. With change orders 1 and 2, the total contract amount is $40,493. We previously paid the contractor $37,825.33. Thus, the balance due at final payment after change orders 1 & 2 is $2,667.67. 3. BUDGET IMPACT: All costs for this project are charged to the Ice Center expansion project. There is no cost to the city's general fund. 4. RECOMMENDATION: Staff concurs with the construction manager that change order no. 2 in the amount of $1,205 and final payment in the amount of $2,667.67 should be paid to the contractor. EB/np r' >. C S ' r} .i ;,i j I aS is l Ss 41 T31-1 ll ii;Il i No.: Sixteen Aonl. Date: 16 -Jan -06 The following list indicates the companies that are due a payment in the amount listed for the current invoice period. City of Plymouth should write checks and send them to RJM Construction for distribution. DESCRIPTION CONTRACTOR CURRENT CHECK AMOUNT 2A - Earthwork, Utilities, Paving Frattalone Companies 0.00 3A - Concrete & Masonry Gresser 0.00 313 - Precast Fabcon 0.00 5A - Steel Supply Ben's Tool & Iron 0.00 513 - Steel Erection A.M.E. 0.00 6A - Carpentry, Demo, General KellinQton 0.00 7A - Water roofing Kremer Davis 0.00 713 - Metal Panels & Roofing McPhillips Bros Roofing 0.00 8A - Doors & Hardware (Supply) Wheeler Hardware 2,667.67 813 - Coiling Doors Twin City Garage Door 0.00 8D - Alum Entr & Glazing Midland Glass 0.00 9A - Drywall Reshetar Systems 0.00 913 - Tile CD Tile & Stone 0.00 9C - Acoustical Twin City Acoustics 0.00 9D - Resilient/Athletic Flowing Re:Souice Minnesota 0.00 9E - Painting Steinbrecher Painting 0.00 11 A - Dasher Boards Becker Arena Products 0.00 12B - Audience Seating H & B 0.00 13A - Ice System Rink Tec International 0.00 15A - Mechanical Doody Mechanical 0.00 15B - Fire Protection Sim lex Grinnell 0.00 16A - Electrical Rid edale Electric 0.00 213 - Landscape & litigation PO to Green Lawn 0.00 8C - Overhead Doors PO to Automatic Garage Door 0.00 12A - Shades PO o Phil Huch 0.00 7 Approved By: David ftecker RJM Construction 5455 `-{WY 169 PLYMOUTH rsi'\J 55442 763.383.7600 FAX 763 383 7601 BID FAX 763 553 9670 RIM IS AN EQUAL OPPORTUNITY EMPLOYER CITY OF PLYMOUTH RESOLUTION 2006 - APPROVING CHANGE ORDER NO. 2 AND FINAL PAYMENT TO WHEELER HARDWARE WHEREAS, Wheeler Hardware was the main supplier of hardware for the Ice Center expansion project, and WHEREAS, the construction manager has submitted change order no. 2 in the amount of $1,205 and final payment in the amount of $2,667.67, and WHEREAS, city staff has reviewed and agreed with these recommendations; NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the City Council approves change order no. 2 in the amount of $1,205, and, further, final payment be made to Wheeler Hardware in the amount of $2,667.67, and, further, that the mayor and city manager are authorized to sign change order no. 2 on behalf of the city. Adopted by the City Council on Agenda Number: 113 TO: Laurie Ahrens, City Manager 1, FROM: Eric Blank, Director of Parks and Recreation DATE: January 17, 2006, for Council Meeting of January 24 SUBJECT: Final Payment Lund Martin Construction/Lower Level Plymouth Creek Center 1. ACTION REQUESTED: The City Council should pass the attached resolution approving final payment in the amount of $31,133 to Lund Martin Construction, Inc. 2. BACKGROUND: The city architect, Del Erickson, is recommending final payment be made to Lund Martin Construction in the amount of $31,133 for the completion of the lower level of the Plymouth Creek Center. At the December 10 council meeting, the council approved the deduct change order in the amount of $2,500 which was the last action necessary to complete this contract. The architect is recommending final approval at this time and staff concurs that all work has been completed. 3. BUDGET IMPACT: The budget for this project was set at $1,000,000 with the funding to come from park dedication funds. The original contract amount was for $601,000 with Lund Martin. The final contract is $664,048. Less previous payments made to the contractor, the final payment is $31,133. The overall project is expected to be approximately $85,000 under budget. The finance department will officially close out the project later this year by council resolution. Any left over funds will be transferred back to the park dedication account. 4. RECOMMENDATION: Staff recommends final payment be made to Lund Martin Construction, Inc., in the amount of $31,133 for work to complete the lower level of the Plymouth Creek Center. EB/np CITY OF PLYMOUTH RESOLUTION 2006 - APPROVING FINAL PAYMENT TO LUND MARTIN CONSTRUCTION, INC., FOR FINISHING THE LOWER LEVEL OF THE PLYMOUTH CREEK CENTER WHEREAS, Lund Martin Construction, Inc., has submitted documentation requesting final payment for work on the lower level of the Plymouth Creek Center, and WHEREAS, the city's architect has reviewed said request and finds it to be complete, and WHEREAS, city staff has also reviewed said request and finds the work and all necessary paper work to be complete, NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that final payment in the amount of $31,133 shall be made to Lund Martin Construction, Inc., with all costs being charged to the Plymouth Creek Center lower level construction project. Adopted by the City Council on Agenda Number: TO: Laurie Ahrens, City Manager FROM: Diane Evans, Superintendent of Recreation thugh Eric Blank, Director of Parks and Recreation k SUBJECT: Payment to Senior Community Services DATE: January 17, 2006 for the Council Meeting of February 14, 2006 1. ACTION REQUESTED: The City Council should pass the attached resolution authorizing payment to Senior Community Services in two equal payments for the year 2006. The total payment to Senior Community Services is $67,796. 2. BACKGROUND: The City of Plymouth contracts with Senior Community Services to provide staffing and administrative services for the senior program at the Plymouth Creek Center. Payment is made to Senior Community Services when billed in two equal installments. The total for the first half of the year is $33,898. Of this amount $2,500 is allocated for the Plymouth Rockers singing group, the remaining $2,500 is paid in the second installment. 3. BUDGET IMPACT: All of the money for this program is allocated within the City's approved budget for the Recreation Division. 4. RECOMMENDATION: Staff recommends the City Council authorize payment to Senior Community Services for both the first and second half payments for services rendered for the year 2006. CITY OF PLYMOUTH RESOLUTION 2006 - APPROVING PAYMENT TO SENIOR COMMUNITY SERVICES WHEREAS, the City of Plymouth contracts with Senior Community Services for programs at the Plymouth Creek Center, and WHEREAS, the contract for 2006 has been submitted in the amount of $67,796 and WHEREAS, the Director of Parks and Recreation is recommending approval of payment, NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the Finance Director is authorized to make payment for 2006 to Senior Community Services in two equal payments totaling $67,796. Adopted by the City Council on Agenda Number: 6 1 CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: January 13, 2006 for the City Council Meeting of January 24, 2006 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Ross A. Beckwith, P.E., Assistant City Engineer SUBJECT: APPROVE REQUEST FOR PAYMENT NO. 4 AND REDUCTION IN RETAINAGE REVERE LANE: 6" AVENUE TO 10TH AVENUE PROJECT CITY PROJECT NO. 4142 ACTION REQUESTED: Make a motion to adopt the attached resolution approving Request for Payment No. 4 and reduction in retainage for the above project. BACKGROUND: Park Construction Company, Inc., the contractor for the Revere Lane extension project, has requested a reduction in the retainage amount from 5% 14,783.07) to 3% ($8,869.84). Work on this project is essentially complete and all quantities to date have been agreed to by the contractor and the City. There will likely be minor punchlist items to complete in spring, however staff feels that a 3% retainage will be sufficient to complete any work items remaining. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council adopt the attached resolution approving Request for Payment No. 4 for the Revere Lane Project, City Project No. 4142 and reduce retainage from the project to 3% 8,869.84). attachments: Map Request for Payment No. 4 Resolution O ,Fngm— ingg PRO1FCTS,2000 - 2009,4142.Memos,ReduceReatainageMemo_4142.doc Project Location Map: Revere Lane Extension Project, CP 4142 10TH AVE Z ! TRENTON LA i 8 iRYQUEST r0H PAVM.FMC DATE: _4ah - V10. 2006_ FOR PERIOD PLACE; P„)2,,tkh, MN FROM; 11/25/05 TO: PR.OJJ;CT: Revere Lane Extension PROJECT NO.: 4142 PILE NO.: _ _ SPECIFIED CONTRACT COMPLETION DATr: October 1, 2005 CONTRACTOR; _onstn ctian Comriany ADDRESS: 500.73`' Ave. Suite 123 M9,nneano)ls, MN 55432 REQUEST FOR PAYMENT NO.: 4 SUMMARY: 1.. Original Contract Amount $ 296,3.16.42 2, Change Order - ADDITION $ 0.00 3, ChangeOrder-DEDUCTION $ 0,00 4. Revised Contmct Amount 296,816.42 5. Value Completed to Date 295,661,48 6. Material oo. Band 0.00 7. Amount Earned 0.00 8. Tess Retainage 3 % 8 869,A4 9, Less Liquidated Damages 1000.00 10. Sub -Total 293,791.64 11. Less Amount Paid Previously 27G,794.17 12, AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 4 6,997.47 Approved By: (ENG R) OAR APPROVAL: By: By: Approvod By; (CONTRACTO ) By: By: rAKVWC1Z361A21?Mrfty App1 n'rM\AEQ1MjT"M nrttAT 4*1 I uctioll Company AV IMWDO(i Pvy*~^ tjZATION 00 0.90 4.3tV.00 5000 sal?d 1.192.00 0.00 78M 1,380 66 Vr r,11TUMINOU17 WAIK WE BITUMINOUS PAVEMENT 100 SY rPROFECTION Rr TP PIPT7, DRAIN 00 Lp 10.110 310,044-00 875 $%450.0() 0 50.00 C PIPE SEWER DES CL 111 35 LF 60.6(j S1,121.00 SO.00 ST DRAINAGE STRUCTURE DES 48 26 TING ASSEMBLY 00 1 'm.4domr) MVI WEARING COURSE MIX IQ JON 1.00 5,19 GAL S2.00 3080.013 S0.00 ao, S370.00 MWOUS TACK COAT si i".00 MENT MESSAGE RIGHT ARROW) EPDXY EACH I 16.00 slir.01) SO.00 U8LE SOLID LINE YELLOW-EPDXY S1,00 so.3 5 5200 0,()0 239 '1.80 270 Sr S 1.000.00 A CROSSWALK WHITE-EPDXY 54.00 51.040.00 50.09 TUMINOUS WAI.l< WI V AGGRT--G4TV. 01. 5 11040 SF S1.77, 522.021) DO 0.00 142,72 ON<;f ETE WALK WI 4- AGGREGAI E CIL 860 SF 14,06 23,483.00 0.00 107, S4,k6336 OCATE IRRIGATION SYSTEM LF 6.60 9, 21, 12G.00 20.00 7011 or, 1.8Z0 S1,411,00 G(1.00 "i'3000O90LF A5 1.000.00 S600.00 10.00 0.5 11500.01) bIkC WI G" TOPSOIL ACRE DING TYPE LAW S4,000.00 11060.6o S4.060 00 BITUMINOU' SURFACE.0.5") 572. Sy n.ol S5.72 31.11 IMWDO(i Pvy*~^ CITY OF PLYMOUTH RESOLUTION NO. 2006 - APPROVE REQUEST FOR PAYMENT NO. 4 AND REDUCTION IN RETAINAGE REVERE LANE: 6TH AVE. TO 10Th AVE. PROJECT CITY PROJECT NO. 4142 WHEREAS, Request for Payment No. 4 dated January 10, 2006 for Park Construction Company, Inc. has been prepared by the City Engineer and payment is recommended; and WHEREAS, the payment requires City Council approval since it is recommended that the retainage be reduced to 3% or $8,869.84 for City Project No. 4142; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Finance Department is authorized to make payment on Request for Payment No. 4 in the amount of $6,997.47 to Park Construction Company, Inc. for City Project No. 4142. Adopted by the City Council on January 24, 2006. OD Cng inecm,g11'ROICCTS2000 - 2009 4142 Resofi Ruduceltetainege_ Ites_4142.doc Agenda Number: 6,14 TO: Laurie Ahrens, City Manage FROM: Sandra Paulson, City Clerk, 4ough Pat Qvale, Public Services Manager SUBJECT: RENEW INTOXICATING LIQUOR AND WINE LICENSES DATE: January 17, 2006, for City Council Meeting of January 24, 2006 1. ACTION REQUESTED: Adopt the attached resolution renewing 3.2 malt on—sale and off—sale liquor, off—sale intoxicating liquor, on—sale and Sunday intoxicating liquor, and wine licenses for the period February 1, 2006, through January 31, 2007. 2. BACKGROUND: The City has received applications for renewal of all wine and liquor licenses for the period February 1, 2006, through January 31, 2007. 3. ALTERNATIVES: The Council could approve or deny the requested renewals. 4. DISCUSSION: During 2005, the Police Department conducted two rounds of liquor compliance checks. Police Chief Goldstein has reported to the City Council on the results of those checks for all cases that have completed the criminal court process. The Police Chief recommends renewal of all licenses at this time, although there likely will be subsequent administrative hearings on some pending violations by the City Council. The approvals would be conditioned on the receipt of all license fees and proof of required insurance for workers compensation, general liability, and liquor liability by Tuesday, January 31, 2006 as noted in the approving resolution. 5. BUDGET IMPACT: License fees in the following amounts will be received from each licensee: 3.2 Malt On—Sale — $500; 3.2 Malt Off—Sale — $100; On—Sale Intoxicating - $8,240; Sunday - $200; Off—Sale Intoxicating - $200; and Wine - 2,000. 6. RECOMMENDATION: The attached resolution approving renewal of 3.2 malt on— sale and off—sale liquor, off—sale intoxicating liquor, on—sale and Sunday intoxicating liquor, and wine licenses for the period February 1, 2006, through January 31, 2007, is recommended for adoption. Resolution 2006— Page 2 3.2 Malt Liquor OffSale Super Valu, Inc. Cub Foods Store 4445 Nathan Lane PDQ Food Stores, Inc. PDQ Food Store, Inc. PDQ # 204 4090 Annapolis Lane RFB Corporation of Wisconsin Rainbow Foods 16705 Co. Rd. 24 Speedway SuperAmerica LLC d/b/a SuperAmerica Store #3351 4325 Peony Lane 3.2 Malt Liquor On—Sale Davanni's, Inc. d/b/a Davanni's Pizza & Hot Hoagies 3015 Harbor Lane Heinzen-Ditter VFW Post#5903 19020 Hamel Road D & D of Minnesota, Inc. Famous Dave's BBQ 11308 Hwy. 55 #5 Sky Ventures, LLC Pizza Hut Restaurant 1415 Hwy 101 N. The Noodle Shop, Co. - Minnesota, Inc d/b/a Noodles and Company 3425 Vicksburg Lane Asian Mill, Inc. Tea House 88 Nathan Lane Wine Angeno's Plymouth Hill, Inc Angeno's Pizza and Pasta 3355 Plymouth Blvd. JMP Investments, Inc. Marcello's Pizza & Pasta 4112 Lancaster Lane Asian Mill, Inc. Tea House 88 Nathan Lane Holiday Stationstores, Inc Holiday Stationstore #139 10900 Hwy. 55 RFB Corporation of Wisconsin Rainbow Foods 10200 6th Avenue N. Speedway SuperAmerica LLC d/b/a SuperAmerica Store #4341 5750 Nathan Lane Kwik Trip, Inc. Kwik Trip #411 1605 Annapolis Lane Elm Creek Golf Links of Plymouth 18940 Highway 55 Hollydale Golf, Inc. Hollydale Golf Course 4710 Holly Lane Hunan Gourmet, Inc. d/b/a Hunan Gourmet Restaurant 10820 Hwy. 55 Dino's Pizza & Deli 64 Nathan Lane Michael James Latuff Latuff s Pizza 11333 Hwy. 55 The Noodle Shop, Co. - Minnesota, Inc d/b/a Noodles and Company 3425 Vicksburg Lane Kiang's Inc. Kiang's Red Pepper Chinese Restaurant 187 Cheshire Lane Holiday Stationstores, Inc. Holiday Stationstore #107 3020 Fernbrook Lane RFB Corporation of Wisconsin Rainbow Foods 4190 Vinewood Lane Super Valu, Inc. Cub Foods Store 3550 Vicksburg Lane Target Corporation Target Store T-0664 4175 Vinewood Lane N. Kiang's Inc. Kiang's Red Pepper Chinese Restaurant 187 Cheshire Lane West Medicine Lake Community Club 1705 Forestview Lane JMP Investments, Inc. Marcello's Pizza & Pasta 4112 Lancaster Lane Begin Oaks Enterprises, LLC Begin Oaks Golf 5625 Yucca Lane N. Angeno's Plymouth Hill, Inc. Angeno's Pizza and Pasta 3355 Plymouth Blvd. D & D of Minnesota, Inc. Famous Dave's BBQ 11308 Hwy. 55 #5 Michael James Latuff Latuff s Pizza 11333 Hwy. 55 Resolution 2006— Page 3 On—Sale/Sunday RT Minneapolis Franchise, LLC Wadsworth Old Chicago, Inc.d/b/a EI Azteca, Inc. d/b/a EI AztecaRubyTuesdayOldChicago 3405 Vicksburg Lane 3505 Vicksburg Lane 3500 Vicksburg Lane #500 Blazin Wings, Inc. d/b/a Chipotle Mexican Grill of Colorado, LLC Apple American Ltd. Partnership of MN Buffalo Wild Wings Grill and Bar Chipotle Mexican Grill Applebee's Neighborhood Grill & Bar 3505 Vicksburg Lane 3425 Vicksburg Lane 3500 Vicksburg Lane Blue Wave Ventures, Inc. Chili's of MN, Inc. Cliff Corporation Green Mill Restaurant Chili's Southwest Bar & Grill Doolittles 2705 Annapolis Lane 4000 Vinewood Lane 15550 34th Avenue N. Grandma's of Plymouth, Inc. Plymouth Jakes, Inc. d/b/a Regency Plymouth Ventures LP Grandma's Wine Bar & Grill Jake's Sports Caf6 Plymouth Radisson 3000 Harbor Lane 3005 Harbor Lane 3131 Campus Drive Woody's — Carlson Parkway, LLC TGI Friday's of MN, Inc. d/b/a Town and County Caterers, Inc. d/b/a Woody's Grille TGI Fridays The Reserve 220 Carlson Parkway 4120 Berkshire Lane 3155 Empire Lane Hennepin County Robins, Inc. Plymouth, MN 55442 Plymouth, MN 55441 Red Robin of Plymouth 2669 Campus Drive Off—Sale DNT Liquors, Inc. Lund Beverages, LLC Star Liquors, Inc. Paradise Liquors Lunds Wine Market Star Liquors - Plymouth 12 Nathan Lane 3455 Vicksburg Lane 4190 Vinewood Lane Plymouth, MN 55441 Plymouth, MN 55447 Plymouth, MN 55442 Ken-Ebs Inc. Liquid Courage Inc. Vicksburg Liquors, Inc. Colony Liquors Four Seasons Liquor 6 Vicksburg Liquors 15705 35th Avenue N. 4232 Lancaster Lane N. 1115 Vicksburg Lane N. Plymouth, MN 55447 Plymouth, MN 55441 Plymouth, MN 55447 Plymouth Liquors, Inc. Cellars Wines -Spirits -Plymouth, Inc. Hasco Holdings, LLC Plymouth Liquor Cellars Wines and Spirits Haskell's Plymouth 11000 Hwy 55 16605 Co. Rd. 24 #201 4130 Berkshire Lane Plymouth, MN 55441 Plymouth, MN 55447 Plymouth, MN 55446 Anh Phong, Inc. Super Valu, Inc. The Applebaum Companies Wandering Spirits Cub Discount Liquors Sid's Discount Liquor 3435 N. Hwy. 169 4445 Nathan Lane 10200 6th Avenue N. Plymouth, MN 55441 Plymouth, MN 55442 Plymouth, MN 55441 CITY OF PLYMOUTH RESOLUTION 2006— APPROVAL OF 3.2 MALT ON—SALE AND OFF—SALE LIQUOR, OFF—SALE INTOXICATING LIQUOR, ON—SALE AND SUNDAY INTOXICATING LIQUOR, AND WINE LICENSES BE IT RESOLVED that the attached licenses are approved for issuance for the period February 1, 2006, through January 31, 2007, with the following conditions: I . That the required license fees be paid by January 31, 2006; and 2. That proof of worker compensation, general liability, and liquor liability insurance be provided by January 31, 2006. Adopted by the City Council on January 24, 2006. TO: Laurie Ahrens, City Manage FROM: Sandy Paulson, City Clerk tr gh Dale Hahn, Administrative Services Director SUBJECT: West Medicine Lake Community Club - 3.2 Liquor Renewal DATE: January 19, 2006, for City Council Meeting of January 24, 2006 1. ACTION REQUESTED: Adopt the attached Resolution approving renewal of the 3.2 Malt Liquor License for West Medicine Lake Community Club with conditions. 2. BACKGROUND: The West Medicine Lake Community Club has been in existence since 1948 and is a nonconforming use in the RSF-1 District. The Club also currently also holds a Consumption and Display license (valid through March 31, 2006). In the past, the licenses have been approved with conditions to address concerns of the neighborhood relating to Community Club parking, signage, litter, noise, and hours of operation. In February 2005, Caroline Haase appeared before the Council requesting removal of the condition regarding signage on their licenses. At that meeting, the Council decided to not remove any conditions placed on the licenses and requested that staff provide the complaint history for 2005 at the time of the 2006 renewals. Attached is a copy of the calls that were made to the establishment during 2005. The Community Development Department researched the club's request to remove the signage condition on their license. Staff is recommending to remove the language regarding signs from the liquor license and treat the Community Club like everyone else with regard to temporary signs (the City Attorney concurs). This would eliminate any implication that they are allowed to place illegal signs, and place them on the same footing as any business or individual who posts temporary signs (such as for real estate, garage sales, and special events). Enforcment would be according to the City's existing policy. Therefore, staff has removed the previous signage condition from the attached resolution. Staff has notified the residents in the vicinity of this request and has provided them with a copy of the entire staff report for this item. 3. ALTERNATIVES: The City Council could choose to deny the 3.2 liquor license. The City Council could also approve the license without conditions. 4. RECOMMENDATION: Staff recommends adoption of the attached resolution approving the on -sale 3.2 malt liquor license for West Medicine Lake Community Club, 1705 Forestview Lane North, with the conditions agreed to by the Club and area residents. DATE: December 5, 2005 TO: Laurie Ahrens, City Manager cc: Sandy Paulson, City Clerk Barb Senness, Planning Manager FROM: Anne Hurlburt, Community Development Director SUBJECT: Signage for Medicine Lake Community Club We have been asked to provide some research on the request by the Medicine Lake Community Club that they be allowed to have some advertising signs that may not fit language that is currently in their liquor license. The current language states the following: The Club is allowed to put up temporary directional signs including balloons, arrows, flags or a sign with the Club's name and address or event. These signs will be put up the day of the event no more than two hours before the event, and will be immediately removed after the event. All signage must comply with the City's sign ordinance." The memo attached from Barb Senness provides an analysis of the sign ordinance requirements as they apply to the Community Club. The current language in the liquor license does not comply with the sign ordinance. My suggestion is that all language regarding signs be eliminated from the liquor license. That would eliminate any implication that they are allowed to place illegal signs, and put them on the same footing as any business or individual who posts temporary signs (such as for real estate, garage sales and special events.) Enforcement would be according to our existing policy. See my March 17, 2005 memo, attached.) I believe that the practical result of this would be that if the Club were careful about using temporary signs (by limiting the size, placing them in safe locations and removing them promptly after the event) it is unlikely that the City would receive complaints. Even if we would receive a complaint, they would not be risking their liquor license. Of course, if the Club abused the privilege, the City could once again impose some controls in the liquor license. We have discussed this approach with City Attorney Roger Knutson. He concurs with the recommendation to remove the language regarding signs from the liquor license and treat the Community Club like everyone else with regard to temporary signs. MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: December 1, 2005 TO: Anne Hurlburt, Community Development Director FROM: Barbara Senness, Planning ManagerV" SUBJECT: 'Signage for Medicine Lake Community Club At the present time,, the liquor license for the Medicine Lake Community Club preventstheclubfrominstallinganyadditionaltemporaryorpermanentsignage. Currently, thereisaCity -erected permanent directional sign at 18th Avenue and W. Medicine Lake Drive. For the past several years, club representatives have indicated that they would like additional signage to help direct people to the facility, particularly for weddings and Clubfundraisers. They have further indicated that they would like the ability to placetemporarydirectionalsignageoff-site at key intersections. The basis for their request is1) potential patrons of special events don't know how to find the club and 2) other similarfacilitiesareallowedtoposttemporarysignagesimilartowhattheyarerequesting. Sign Regulations The Zoning Ordinance regulates the number, location, type and size of signs. Some of the regulations apply to signs located anywhere in the City and some apply to specificzoningdistricts. The Community Club is zoned RSF-1. For non-residential uses in the RSF-1 district, theOrdinanceallowsoneon -premise freestanding sign and one wall sign. The onlytemporarysignsspecificallyallowedintheRSF-1 district are on -premise real estatesigns. Therefore, the regulations for the RSF-1 district would not allow the type of signsthattheclubisrequesting. Temporary signs allowed in all districts include construction signs, off -premise real estatesigns, campaign signs and public announcement signs. Public announcement signs are on -premise signs for announcements by civic groups for city-wide and free communityevents. The district -wide regulations would also not allow the type of signs that the clubisrequesting. First, public announcement signs must be for city-wide and free events, not the fundraisers or weddings that the Community Club would like to sign for. Second, with the exception of the real estate signs, all of these temporary signs are on -premise, while the Community Club is requesting the ability to install temporary off -premise signs. The Ordinance does allow some off -premise signs in the right-of-way. These include: 1) public announcement signs for city-wide and free community events by civic groups, 2) directional real estate signs for community -wide annual events such as the "Parade of Homes" and 3) official non-commercial signs erected by a government agency. The signs the Community Club is requesting do not fit into any of these categories. The Ordinance does not allow outdoor advertising signs in any zoning district. Although temporary in nature, this is the type of sign that the Community Club is requesting. Other Community Facilities For uses similar to the Community Club that may exist in either business districts or the public institutional district, the Ordinance does allow additional temporary signage. It allows on -premise temporary signs for commercial announcements such as grand openings and special events. This type of sign may be displayed no more than four times per year for a period not exceed 14 days per time. Therefore, even if the Community Club were in a less restrictive zoning district, the sign regulations would not allow the type of temporary sign they are requesting. Off -Premise Signs Although not allowed, there are numerous instances of off -premise signs found throughout the City. Many are advertising a product or service. There are also instances where families hosting wedding receptions at Plymouth Creek Center place directional signs in the right-of-way. These signs are not sanctioned by the City and they are not legal. However, unless they are presenting a hazard to traffic or unless the City receives a complaint about one of them, the City does not actively enforce their removal. Options The Community Club is requesting the ability to install signs that are not allowed anywhere in the City. However, these types of signs are commonly found to direct people to wedding receptions at Plymouth Creek Center or to other fundraising functions at area churches, etc. For the most part, the City never receives complaints about these types of signs. The: City could choose to ignore temporary off -premise signs posted by the Community Club as it does for other organizations. On the other hand, if anyone complains about such signs, the City would need to follow up and the complaint would become part of the record for consideration at the time of liquor license renewal. N Adopted Council Minutes Regular Meeting of February 22, 2005 Page 7 of 15 noise violation calls that were received in 2004. He stated these disturbances concern the adjacent neighbors. He asked Ms. Haase how the club could address those concerns. Ms. Haase replied those complaints are usually from weddings, and when the facility is reserved, the rules are explained. She noted that they hire additional security for the weddings. Motion was made by Councilmember Stein and seconded by Councilmember Bildsoe to approve Option A which is to retain the current condition on the liquor license. Councilmember Stein noted the correspondence received from two neighbors who have indicated that the club hasn't been the best neighbor. Councilmember Black stated that she would be supporting the motion. However, she could reconsider in the future if the incident calls are reduced. Mayor Johnson stated that she would be willing to support Option C, which would be to draft alternative language. In addition, she would also like to review the conditions on the liquor license. She reminded the Council that they would still have the option to not renew the annual liquor licenses if they don't abide by the conditions. Councilmembers Willis and Black stated that feel the club should abide by the existing conditions before their request would be approved. A friendly amendment was made to the motion to request staff to provide the complaint history on this site at the time when the liquor license is scheduled to be renewed in 2006. If there are no violations, the Council could perhaps consider the club's request at that time. There being no further discussion and with all members voting in favor but Johnson, the motion carried. 2) Designate LSA Design, Inc. as Consultant for Phases I and II for the City's Park a Rik4aransit Facility (3125) City Manage ens noted that the Council postponed this item to toni e February 8 Council meetings If could review with the developer of the est quadrant of Highway 55/County road 73 as a ative location for the facilirnative site, the transit facility would become part of a roposed . - se development. The City had previously studied this site for the trans , but the site was abandoned when the City was not able to obtain the necessary f orthe Since the previous Council meeting, staff has met with the dev who is proposing a mix e - elopment on this site. They have somewhat id that a transit facility could fit into their pro In order to provide the land for the ity at no cost to the City, they would need to integrate 16, of retail space into nsit portion of the project, which would allow them to maintain the same t of ail space as they were proposing without the transit component. Adopted Council Minutes Regular Meeting of February 22, 2005 Page 6 of 15 uette, 445 Vinewood Lane, stated they purchased this property 12 years ago they discovere art of their property included a road and subsequently Birch P their backyard when t structed an addition on their home. Councilmember Black asked i e is a purpose for the pond. ngineer Quanbeck replied staff isn't sure of the exact history o ond. The pond een on the City's aerial photos since 1971, and it appears to be mamma d on ape of the pond. He added that it predates requirements for storm water quality There being no one else present wis o give testimonayor Johnson declared the public hearing closed. Motion was made b ncilmember Stein and seconded b or er Willis to adopt Resolution Autbaof in the Vacation of all of Birch Park and part of Lahti f7his Platted in Tranquil ViRes2005-076 and a Resolution Setting Conditions to be met prio ilinu of ResQk*'Mn No. 2005-076, Vacating all of Birch Park and part of Lahti Lane as Platted) TACquil Vista (Res2005-082). With all members voting in favor, the motion carried General Business 8.1) Request in Change in Liquor License Conditions for West Medicine Lake Community Club City Manager Ahrens reported on the request of the West Medicine Lake Community Club to amend their condition in their liquor license regarding signage. She explained on November 9, 2004, Caroline Haase appeared at the Plymouth Forum requesting that the condition on their liquor license relating to signage be amended. She explained that the club conducts a variety of events such as pancake breakfasts and craft shows and due to this condition on their liquor license, they are unable to erect signs for their events or display directional signage to the club's location. Therefore, she believes that club events have had poor attendance due to this condition on their liquor license. She stated that a mailing was sent to adjacent neighbors, and correspondence was received from two neighbors and a club board member. She stated there would be three options for the Council, which are: Option A — keep the current condition on their liquor license; Option B — approve the revised language as requested by the club; or Option C — use alternative language drafted by the City which would allow for temporary signs for three events per year that would be designated by the club. Caroline Haase, 7608 50`h Avenue North, representing the Club, stressed that with their request, they wouldn't be calling attention to the club, but rather to the events. Councilmember Willis complimented the work of the club but stated that history shows that when alcohol has been served, there were disturbance calls. He noted the public nuisance and CITY OF PLYMOUTH RESOLUTION 2006— APPROVING 000 APPROVING 3.2 MALT LIQUOR LICENSE FOR WEST MEDICINE LAKE COMMUNITY CLUB WHEREAS, the West Medicine Lake Community Club, 1705 Forestview Lane North, has submitted an application for renewal of an on -sale 3.2 malt liquor license; and WHEREAS, all fees have been paid; and WHEREAS, due to the nature of the business, the location of the business, and verified complaints, the City Council desires to place conditions on the liquor license in order to protect the health, safety, welfare, and quietude of the neighborhood; and WHEREAS, the following conditions have been discussed and agreed to by representatives of the Community Club and area residents at meetings held on March 14 and June 2. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Plymouth approves issuance of an on -sale 3.2 percent malt liquor license for West Medicine Lake Community Club, 1705 Forestview Lane North, for the period February 1, 2006, through January 31, 2007, with the following conditions (changes from previous conditions are indicated): i. Hours. All events shall occur between 7:00 a.m. and 9:00 p.m. on Sunday through Thursday of each week. Hours for events shall be 7:00 a.m. to 12:30 a.m. on Fridays and Saturdays, with the bar closing no later than 12:00 a.m. (midnight) on Friday and Saturday evenings. All persons attending an event must be off the premises by the ending time and no setup or teardown shall occur outside the permitted hours. However, three persons are permitted to remain until 1:30 a.m. for the purposes of clean up and teardown activities, but noise associated with these activities shall not be audible outside the club building. 2. Amplification. There shall be no outdoor use of devices such as bullhorns. All outdoor noise shall be monitored by a decibel meter. There shall be no outdoor electronic amplification of any kind allowed at any event at the club; with the exception of one outdoor summer event (similar in nature to the 1998 Blue Grass Festival.) 3. Professional Security. Professional Security satisfactory to the Plymouth Public Safety Director shall be required at all special rental events as defined in these conditions. 4. Special rental events. A special rental event shall consist of any event where alcohol is served outside the building or where the total number of guests is more than 300 people. Notice of special rental events must be provided to the City two weeks in advance of the event. 5. Calendar of Events. The Club shall monthly provide the immediate neighborhood and the City with an updated calendar of club events, showing the approximate numbers of guests expected and whether or not any portion of the events will be held outside. 6. Indoor Noise Levels. The Club shall cause indoor noise levels to be monitored with an appropriate gauge. The Club shall cause windows facing the nearest neighbors to be filled with insulating material to lessen the sound coming from inside the building. 7. Parking. No event shall be larger in size than can be accommodated by the existing off-street parking area maintained by the Club. 8. List of Officers and Employees. The Club shall provide the City with a list of officers and trustees each year and the names and phone numbers of any manager or employees of the Club. 9. Club Representative. At all rental events the Club shall ensure there is always one representative of the Club on the premises at all times. (In order to ensure coverage, this may require the assignment of two representatives.) Adopted by the Plymouth City Council on January 24, 2006. W Agenda Number: 6 e TO: Laurie Ahrens, City Manage FROM: Sandy Paulson, City Clerk, tugh Dale Hahn, Administrative Services Director SUBJECT: Findings of Fact for Denial of Liquor Applications for Tea House Chinese Restaurant, 88 Nathan Lane DATE: January 20, 2006 for City Council Meeting of January 24, 2006 1. ACTION REQUESTED: Adopt the attached Findings of Fact for denial of On -Sale Liquor and Sunday Liquor License applications for Asian Mill, Inc. d/b/a Tea House Chinese Restaurant. 2. BACKGROUND: At the January 10 Council Meeting, the Council considered applications submitted by Asian Mill, Inc. d/b/a Tea House Chinese Restaurant for On -Sale Liquor and Sunday Liquor Licenses. The Council directed the City Attorney to prepare findings of fact consistent with denial for the January 24 meeting. Included in the findings of fact is the 12 -month probationary period the Council requested. Therefore, the licensee wouldn't be able to apply for these types of licenses until on or after January 24, 2007. RECOMMENDATION: Adopt the attached Findings or Fact or reconsider the action taken at the January 10 Council meeting. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 7 of 10 are also experiencing this issue that would be great as they could share in the cost of doing it. There being no one e wishing to appear before the Council, Mayor Johnson declared the public hearing closed. Motion was made b Councilmem Willis and seconded b Councilmember Bildsoe to ado a Resolution Imposing a $1,000 Fine and 10 -Day License Suspension Res2006-038. With all members voting in favor, the motion came . 7.3) Application of Asian Mill, Inc. d/b/a Tea House Chinese Restaurant, for On -Sale and Sunday Liquor Licenses City Clerk Paulson reported on the request of the Asian Mill, Inc. d/b/a Tea House Chinese Restaurant, for On -Sale and Sunday Liquor Licenses. She stated with the action of the previous item on this agenda, staff is recommending that action be resolved prior to the consideration of the new liquor licenses. Therefore, staff is recommending that the Council open the public hearing and continue it to January 24. Mayor Johnson opened the public hearing for testimony. Mr. Oliver reiterated the need for training for the licensee since they desire to serve hard liquor, as it relates to access to youth. Mayor Johnson stated that youth are at risk with liquor consumption, no matter what type of liquor application. There being no one else present wishing to appear before the Council, Mayor Johnson closed the public hearing. A discussion was held on the two recommended conditions on the licenses if they were approved which were that the licensee enrolls in the City's Best Practices Program immediately, and the licensee provides to the City a copy of their in-house training program for their wait staff on checking identification of patrons. Councilmember Slavik asked if the City were to deny these applications, how soon could the licensee reapply. City Attorney Knutson replied that there is no provision in the Statute that addresses that. He stated if the Council decided to reject the applications, a provision could be included in the findings of fact. Motion was made by Councilmember Slavik, and seconded by Councilmember Bildsoe, to direct the City Attorneyprepare findings of fact consistent with denial for the January 24 Council meeting based on tonight's discussion (noting two violations in the past two years), and to set a probationary_ period. Proposed Council Minutes Regular Meeting of January 10, 2006 Page 8 of 10 Councilmember Slavik stated that she is concerned that there have been two violations in two years. Therefore, she supports a probationary period. Councilmember Stein stated that he wouldn't support that as he feels the Council would be penalizing them unfairly, compared to revocations of liquor licenses for four violations. Councilmember Black voiced her support for the motion and stated she would support a 12 - month probationary period. Councilmember Hewitt stated that she would prefer a six-month probationary period, and she feels that staff should work with them on the language barrier issue for training. Police Chief Goldstein stated that within the next six months, there be would another round of compliance checks, and then in another six months, there would be another round of compliance checks, for a total of two checks within 12 months. In addition, there would be a compliance check for their license suspension. Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to amend the main motion to impose a 12 -month probationary period with no violations, and the licensee must become a member of the Best Practices Program. With all members voting in favor, the motion carried. The Council voted on the amended main motion, and with all members voting in favor, the motion carried. ess 8.1)mbership Dues for I-494 Corridor Commission, Highway 55 Corridor Commissi , and Minnesota Transportation Alliance City Manager A hens reported on the payment of annual dues to the I-494 Corridor Commission, Highway 55 Com or Coalition, and Minnesota Transportation Alliance. Councilmember Bildsoe, to 4pprove the payments.all members voting in favor, the motion carried. 8.2) Change Order No. 1 for mouth Metrolink Station 73 Transit Facility (3125) Public Services Manager Qvale reporton proposed Change Order No. 1 in the amount of 64,500 for the new transit facility. She s ted this change order is for furnishing, installing, and removing temporary H -pile and timber laggiNkearth retention system. The change is due to conflicts with the existing electrical and a QweIIKu lti-conduit telephone utilities vault including a significant fiber optic line that runs from Minnea olis to St. Cloud. She stated the contract amount of $4,360,000 would be increased to $4,424,0 with this addition. Contingencies for this project were estimated at $87,000 or 2% of the total nstruction cost. CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA IN RE: City of Plymouth On -Sale and FINDINGS OF FACT Sunday Intoxicating Liquor AND DECISION Applications for Asian Mill, Inc. d/b/a Tea House Chinese Restaurant On January 10 and January 24, 2006, the Plymouth City Council met at its regularly scheduled meeting to consider on -sale and Sunday intoxicating liquor applications for Asian Mill, Inc. d/b/a Tea House Chinese Restaurant. The Applicant was present and the City Council heard testimony from all interested persons wishing to speak at the meeting. FINDINGS OF FACT The Applicant is currently licensed by the City to sell 3.2 malt liquor, on -sale. 2. On October 3, 2004, the Applicant sold 3.2 malt liquor to an underage person. Following an administrative hearing, the Applicant's license was suspended for five days and it was fined $500.00. 3. On September 30, 2005, the Applicant served 3.2 malt liquor to an underage person. Following an administrative hearing, the Applicant's license was suspended for ten days and it was fined $1,000.00. 4. The Applicant is not a participant in the City's Best Management Practices Program. 12294001 RNK:01 / 13/2006 It is not in the public interest to issue on -sale and Sunday intoxicating liquor licenses to the Applicant while the 3.2 liquor license is under suspension and until the Applicant has demonstrated the ability to prevent the sale of liquor to underage persons. DECISION The applications of Asian Mill, Inc. d/b/a Tea House Chinese Restaurant for on -sale and Sunday intoxicating liquor licenses are denied. The Applicant may reapply for the licenses on or after January 24, 2007, if the Applicant has not had any additional liquor law violations. Dated: January 24, 2006. CITY OF PLYMOUTH Judy A. Johnson, Mayor ATTEST: Sandra Paulson, City Clerk 12294001 2 RNK:01 / 13/2006 1 TO: Mayor and City Council FROM: Laurie Ahrens, City ManagerA- SUBJECT: Adopt 2006 Council Goals and Issues for Study DATE: January 19, 2006, for City Council meeting of January 24, 2006 1. ACTION REQUESTED: Make any desired changes and adopt the attached resolution affirming 2006 City Council Goals, including legislative priorities, and issues for study. 2. BACKGROUND: The City Council held a study session on January 17 and developed a proposed list of goals and issues for study for 2006. As part of the goals, the Council also established a list of legislative priorities. The Council should make any desired changes and then affirm the list of goals, issues for study, and legislative priorities. City of Plymouth Resolution 2006 - Affirming 2006 City Council Goals Be it resolved that the following goals and issues for study are hereby adopted by the City Council for 2006: Goals: Continue Comprehensive Plan process Implement street and utility maintenance and reconstruction program; Refine funding strategies and continue to seek additional funding Complete capital projects — public safety building expansion; water treatment plants, reservoir, Zachary Playfield reconstruction, Bass Lake Life Station, Transit Station 73 Advocate on Transportation and Transit issues and aggressively seek new, stable, and increased funding Legislative Priorities (attached) Issues for Study: Consider options relating to high speed wireless services Study new water quality improvement options as part of water quality plan updates Adopted by the City Council on January 24, 2006. CITY OF PLYMOUTH 2006 LEGISLATIVE PRIORITY ISSUES Local Control. The City of Plymouth believes that local control is the cornerstone of representative local government. We urge legislators to put decision-making on local issues in the hands of local officials. This leaves no question about who is responsible and increases accountability. We oppose legislation that erodes local control or creates mandates without a corresponding state appropriation or funding mechanism. Levy Limits. Levy limits should not be re-enacted. Local government officials should have the ability to make decisions on local taxation and service levels. State -imposed limits on local decision making, such as proposed Taxpayer Bill of Rights or Taxpayer Satisfaction Survey, are inconsistent with local accountability and do not provide meaningful information to citizens. These are rigid formula mechanisms that counter representative democracy and challenge local units of government to plan with financial confidence. Market Value Homestead Credit. The City supports full funding of the Market Value Homestead Credit. Each year since 2003, the State has not reimbursed cities for the Market Value Homestead Credit. To date, Plymouth has lost more than $2 million in promised reimbursements from the state. In order to remove unpredictability from budgeting and to improve transparency, the City also encourages the state to provide Market Value Homestead Credit directly to homeowners, rather than administering the program through the cities. Transportation and Transit Funding. The entire economy benefits from a sound and adequately funded transportation system. To adequately address growing congestion, this system must be multi -modal. Consequently, significantly greater resources are needed to provide high quality, efficient systems that include both transit and highways. The City encourages the Legislature to identify long-term funding sources with growth potential that will increase transportation funding to levels that will allow the building of high quality, efficient metropolitan and local transit and highway systems. In addition, local elected officials should continue to be included in MnDOT's decision-making process when state -aid roads and highways are planned in a city. The City supports preservation of opt -out transit status, and the expansion of the transit taxing district. The City supports the Legislature allowing revenue options for cities, such as street utility fees. The City supports the constitutional amendment to dedicate 100% of MVST for transportation purposes. Emergency Preparedness. Additional measures have been identified as necessary for improved emergency preparedness at the state and local levels including training for local fire and law enforcement personnel, additional detection and decontamination capability, additional vaccinations/antidotes and protective equipment, and improved interagency communications. The Legislature should support and fund these activities at both state and local levels to improve our readiness to meet emergency conditions that may arise from natural disasters, terrorist attacks, and emerging threats. Firefighter Staffing. Shortage of paid -on-call and volunteer firefighters is a statewide issue. The City of Plymouth encourages the State to enact legislation to enhance recruitment and retention of paid -on-call and volunteer firefighters. Consideration could be given to providing tax credits and supplemental disability insurance. Affordable and Life Cycle Housing. Economic and demographic trends indicate that Minnesota's population is aging and workers need more affordable housing closer to where they work. The region's population age 65 and older will likely double from the year 2000 to 2020. Jobs in Plymouth are projected to increase approximately 27% during the same period. Housing is both a statewide and local issue. The City urges the Legislature to maintain and increase resources to the extent possible in order to encourage the development of affordable housing for both of these groups. Local property taxes should not be relied upon to fund housing programs because this increases the cost of housing for those most in need and has regressive impacts. We oppose legislation that creates mandates without a corresponding state appropriation or funding mechanism. Clean Water Funding. The City supports fair and equitable funding of the Clean Water Legacy Act by the State of Minnesota. Sales tax exemption on local government purchases. When the State was experiencing a budget shortfall in 1992, the Legislature repealed the sales tax exemption for local government purchases. Cities now pay state sales tax for purchases of items such as road maintenance equipment and building materials. Since the Legislature provided no additional state aids to offset the cost, this policy effectively increased local property taxes to finance state government operations. The City supports legislation to reinstate the sales tax exemption for all local government purchases. Utility Relocations. The City has experienced significant project delays due to lack of timely response by utility companies in relocating utilities. Legislation is requested to require that if a utility company fails to relocate utilities in a timely manner and causes a delay in a construction project, the City shall be held harmless. The City opposes the Highway and Street Projects Cost Rider (ICR) proposed by utility companies. This would add a line item for purported government required relocations." The vast majority of utility relocations are done because the utility company wants to do the replacement while the streets are disrupted. The City's work rarely creates a situation that requires utility line relocation. Cable Franchise Authority. The City supports the continued authority of local government relating to franchising of cable services.