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HomeMy WebLinkAboutCity Council Packet 08-14-2007CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING AUGUST 14,2007,7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is 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 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the ConsentAgenda and placed elsewhere on the agenda. 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2007-329) 6.03 Approve extension of previously approved Variances for a detached garage in the front yard for property located at 10610 South Shore Drive. Damien and Kristen Wolf. 2005046 – Res2007-330) 6.04 Approve Conditional Use Permit for a 75 -foot monopole with antennas to be located at St. Mary's of the Lake Church, 105 Forestview Lane North. T -Mobile Central LLC. 2007049 – Res2007-331) REGULAR COUNCIL MEETING August 14, 2007 Page 2 6.05 Approve Zoning Ordinance Text Amendment to clarify the regulations regarding Day Care Facilities. City ofPlymouth. (2007057 — Ord2007-21, Res2007-332) 6.06 Adopt Information Technology budget amendment (Res2007-333) 6.07 Approve Variance for impervious surface area coverage to allow a screen porch addition and patio for property located at 15605 40th Avenue North. Valet Building Services. (2007061 — Res2007-334) 6.08 Approve plans and specifications for Wikman Erosion Site (6113 — Res2007-335) 6.09 Approve payment No. 3 and final for 2006 Sanitary Sewer Lining Project (6121 — Res2007-336) 6.10 Approve payment No. 2 and final for 2007 Sunset Trail Retaining Wall Project (7103 Res2007-337) 6.11 Award contract for 2007 mill and overlay project (7104 — Res2007-338) 6.12 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2) 6.13 Approve Final Release of Financial Guarantees for: 6.13.1 Timber Creek Crossing (2001114 — Res2007-339) 6.13.2 Timber Creek Crossing 2nd Addition (2004 101 — Res2007-340) 6.14 Approve Exemption to the Wetland Conservation Act Certificate of Exemption for PID 31-118-22-44-0049 and PID 31-118-22-44-0048 (Res2007-341) 6.15 Approve Acquisition Agreements for Fernbrook Lane Improvement project (1013 — Res2007-342) REGULAR COUNCIL MEETING August 14, 2007 Page 3 6.16 Approve Wetland Replacement Plan application for Bassett Creek Office Centre 2006111 — Res2007-343) 6.17 Adopt Ordinance amending Section 905 of the City Code relative to Fire Prevention Code (Ord2007-22) 6.18 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3) 6.19 Authorize Twin West Chamber of Commerce dues (Res2007-344) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8_1 Consider Joint Project Agreement relating to Erosion Repair Project at County Road 61 and County Road 9 (Res2007-345) 8.2 Approve reimbursement for required construction of public improvements in Taryn Hills Development (2005045) (This item was previously item No. 6.12) (Res2007- 346) 8.3 Authorize 2007 park improvement projects at Plymouth Creek Playfield and Elm Creek Playfield (This item was previously item No. 6.18) (Res2007-347) 9. REPORTS AND STAFF RECOMMENDATIONS 10. ADJOURNMENT r. e--,, / Proposed Minutes Regular Council Meeting July 24, 2007 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 24, 2007. COUNCIL PRESENT: Mayor Slavik; Councilmembers Stein, Bildsoe, Black, and Willis. ABSENT: Councilmembers Hewitt and Murdock. STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, City Attorney Knutson, Park and Recreation Director Blank, Fire Chief Kline, Public Works Director Cote, Community Development Director Juetten, Environmental Education Coordinator Vigoren, Planning Manager Senness, Planning Manager Darling, Building Official Ryan, Housing Manager Barnes, and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Presentation of 2007 Environmental Champion Awards Community Education Coordinator Vigoren and Environmental Quality Committee Chair Osborn announced this year's 2007 Environmental Champion Awards. 4.02) Presentation of Livable Communities Tax Base Revitalization Account Grant Award Roger Scherer, Metropolitan Council Member, District I, presented the grant award to the Council. 4.03) Recognition regarding Fire at Plymouth Oaks Apartments on July 12 Fire Chief Kline provided a brief overview on the structural fire at Plymouth Oaks Apartments on July 12. 4.04) Announcement of "National Night Out" on August 7 Police Chief Goldstein announced National Night Out activities on August 7. Proposed Council Minutes Regular Meeting of July 24, 2007 Page 2 of 5 Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve thea egnda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt the Consent Agenda that included the following items: 6.01) Minutes from the Special and Regular Meetings of July 10. 6.02) Resolution Approving Disbursements for the Period Ending July 14, 2007 (Res2007- 310). 6.03) Resolution Approving a Site Plan Amendment for Opus Northwest LLC, for AGA Medical Corporation located at 5050 Nathan Lane (2007047 - Res2007-311). 6.04) Ordinance Amending Chapter IV of the Plymouth City .Code concerning Building Construction Regulations (Ord2007-18). 6.05) Resolution Approving a Site Plan Amendment and Conditional Use Permit for an Accessory Clubhouse Building for Park Place Apartments located at 14300 34th Avenue North 2007045 — Res2007-312). 6.06) Approval of 2006 Community Development Block Grant Consolidated Annual Performance and Evaluation Report and authorize submission to the Department of Housing and Urban Development as recommended by the Plymouth Housing and Redevelopment Authority. 6.07) Resolution Terminating Water Quality Pond Maintenance Agreement or Hickory Hills Villas (94091— Res2007-313). 6.08.1) Resolution Approving Release of Financial Guarantee for Nanterre Addition (94093 — Res2007-314). 6.08.2) Resolution Accepting Streets and Utilities for Plymouth Office Plaza (2004051 — Res2007-315). 6.08.3) Resolution Accepting Utilities for Continual Maintenance for Taryn Hills (2005045 — Res2007-316). 6.09) Resolution Approving Change Order No. 1 for Zachary Park Playfield Improvements Res2007-317). 6.10) Resolution Authorizing the City Manager and the Police Chief to conduct the 2007 Deer Proposed Council Minutes Regular Meeting of July 24, 2007 Page 3 of 5 Management Program (Res2007-318). 6.11) Resolution Amending Various Policies (Res2007-319), Resolution Repealing Policy Relating to Enforcement of Weed Ordinance (Res2007-320), and an Ordinance Amending Chapter 8 of the Plymouth City Code Concerning Assessable Current Services (Ord2007-19). 6.12) Ordinance Amending Chapter 10 of the Plymouth City Code Concerning Park Facilities Fees (Ord2007-20) and a Resolution Approving Summary Publication of Ordinance No. 2007-20 relating to Rental Fees for Park Facilities (Res2007-321). 6.13) Resolution Authorizing the Plymouth Police Department to enter into a Grant Agreement with the Minnesota Department of Public Safety, Homeland Security Emergency Management Division for Citizen Emergency Response Team (Res2007-322). 6.14) Resolution Approving a Change in Grade and Salary Range for Finance Manager Res2007-323). Motion carried to approve the Consent Agenda. Public HearinLys 7.1) Vacation of Drainage and Utility Easements within Bass Lake Plaza Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. There being no one wishing to appear before the Council, Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt a Resolution AuthorizinLy the Vacation of Certain Drainage and Utilitv Easements Dedicated in Lot 1. Block 1, and Outlot C. Bass Lake Plaza lvin4 within Lot 1, Block 1, Bass Lake Plaza 3" Addition (Res2007-324). With all members voting in favor, the motion carried. General Business 8.1) Declare Finding "No Need" for an Environmental Impact Statement for Trillium Woods (southeast corner of Juneau Lane and County Road 47 — LCS Development) Senior Planner Darling reported on the recommendation for "no need" for an Environmental Impact Statement (EIS) based upon review of the Environmental Assessment Worksheet for Trillium Woods." Proposed Council Minutes Regular Meeting of July 24, 2007 Page 4 of 5 Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Declaring Finding "No Need" for an Environmental Impact Statement based upon Review of the Environmental Assessment Worksheet dated May 25, 2007 for the Proposed Trillium Woods Development by LCS Development, LLC (2007044 — Res2007-325). With all members voting in favor, the motion carried. 8.2) Receive City Center Market Analysis, Remove Interim Ordinance related to Library Property, and Provide Direction on City Center Area Community Development Director Juetten provided the background on the market analysis that was recently completed for the City Center area. As requested, the Council provided direction and/or comments regarding the following areas: 1. "Should a roadway between 36th Avenue and 37th Avenue be designed/planned and placed in the 2008-2012 Capital Improvements Program (if a roadway between 36t Avenue and 37Th Avenue is not desired, staff would recommend that the current interim ordinance be amended to remove the Hennepin County Library site)?" The consensus of the Council was that they didn't support a roadway in this location. A suggestion was made to incorporate rain gardens in the library project and a possibly a cul-de-sac that would go south and stop before the library. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to repeal the Interim Ordinance for the library project. With all members voting in favor, the motion carried. 2. "Should the City work with the library designers and the Cub site designers to create a template' for future pedestrian and aesthetic improvements or should the City prepare a plan?" Comments from the Council included the need to continue the trail on the south side of Rockford Road, the need for mixed uses to create excitement in the City Center area, and the need to use the current plan for the City Center area, which should be reviewed by Hennepin County Library and Cub Foods. 3. "Should staffprepare an amendment to the Zoning Ordinance that would allow for a greater mix of uses by allowing retail in the office areas by right rather than Conditional Use Permit?" The Council was in agreement with this suggestion and requested staff to provide a report to the Council on mixed uses. 4. "Should staffprepare a Capital Improvement Plan for City Center and include it in the 2008- 2012 CIP for the short and long term public improvement of City Center? " The Council was in agreement with this suggestion. Suggestions were made regarding the use of colorful baskets of flowers/plantings in the area, developing concepts to soften the area, breaking up the Cub Foods parking lot with possibly angled parking, plantings, and medians. In addition, Proposed Council Minutes Regular Meeting of July 24, 2007 Page 5 of 5 perhaps the use of a roundabout could be considered for this area (similar to the one at Highway 55 and Nathan Lane). 5. "Should the City's Park and Recreation Department develop additional programming for City Center as a way of bringing more people to City Center?" Comments were made regarding a farmers market, bringing new events to the Hilde Performance Center, and outdoor seating at the library. Reports and Staff Recommendations 9.1) Appointment to fill Vacancy on the Park and Recreation Advisory Commission Motion was made by Mayor Slavik, and seconded by Councilmember Stein, to adopt a Resolution Appointing Aaron Vanderwall to the Park and Recreation Advisory Commission Res2007-326). With all members voting in favor, the motion carried. 9.2) Set Future Study Sessions The Council scheduled a Study Session on September 11 at 5:30 p.m. to discuss the City's non - degradation plan and to receive an update from the City Manager. Adjournment Mayor Slavik adjourned the meeting at approximately 8:43 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes Special Council Meeting August 7, 2007 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. in the Medicine Lake Room of City Hall, 3400 Plymouth Boulevard, on August 7, 2007. COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Bildsoe, Black, and Murdock. ABSENT: Councilmembers Willis and Stein. STAFF PRESENT: Utilities Supervisor Newberger, Public Works Director Cote, Fire Chief Kline, and Deputy City Clerk Rosenbaum. Discuss Water Restrictions Public Works Director Cote and Utilities Supervisor Newberger discussed the City's difficulties in producing an adequate water supply to meet the demands for businesses and homes due to extremely dry conditions that the State is currently experiencing. They discussed a proposed Resolution that would authorize staff to declare a water emergency and enact a watering ban in accordance to City Ordinance No. 720.41. This would occur if the demands would exceed 20 million gallons per day for five consecutive days and/or well drawdown occurs to below 20 feet above the pump on any active well and/or the ability to fill the Vicksburg Lane Reservoir is compromised. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Murdock, to adopt a Resolution Authorizing Staff to Declare Water Emergency and Enact a Watering Ban in Accordance with City Ordinance No. 720.41 (Res2007-328). With all members voting in favor, the motion carried. Adjournment Mayor Slavik adjourned the meeting at 6:19 p.m. Sandra R. Engdahl, City Clerk Agenda Number: & 7`' TO: Laurie Ahrens, City Manager FROM: Jean McGann, Director of Administrative Services SUBJECT: Disbursements DATE: Aug 7, 2007 for the City Council Meeting August 14, 2007 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending August 4, 2007. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending August 4, 2007. Anchor Bank — Check Register General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing & Redevelopment Authority Check Register Total Anchor Bank — Housing Assistance Payments Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS 726,828.97 667,931.80 1,188,529.63 114,043.04 2,697,333.44 255,335.17 2.952.668.61 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. Jean McGann Invoice Expense Distributio 8/4/2007 FUND 101 General Fund 201 Recreation Fund 202 Parker's Lake Cemetery Maint 203 Transit System Fund 204 Community Development Fund 205 Public Safety Grants 207 Economic Development Fund 208 Lawful Gambling 220 Comm Dev Block Grant Fund 250 HRA Section 8 Fund 251 HRA General Fund 401 General Capital Projects Fund 402 Minnesota State Aid Fund 404 Building & Equipment Rev. Fund 406 Park Replacement Fund 407 Infrasturcture Replacement Fund 408 Project Administration Fund 409 Park Construction 411 Capital Improvement Fund 421 Utility Trunk Fund 422 Improvement Project Construction 426 Shenandoah Administration. 430 Public Safety Expansion 431 HRA Senior Apt. Constr Fund 440 Utility Trunk System Expansion 446 Water Sewer Construction 447 Enterprise -Other Construction 471 TIF # 7-2 O.S. (Const) 472 TIF # 7-3 P.O.S. (Const) 473 TIF #7-4 P.T.P (Const) 474 TIF Dev. Exp. Bonds 95 (Const) 475 TIF # 7-5 Rottlund (Const) 476 TIF #7-6 Continental (Const) 478 TIF #7-7 Stonecreek ('Const) 479 TIF #7-8 Shops @ Plymouth Creek 480 TIF HRA Senior Apt. Constr. Fund 481 TIF HRA 1-3 Crossroads Station 501 Water Fund 502 Sewer Fund 503 Solid Waste Management Fund 504 Ice Center Fund 505 Water Resources Fund 507 Field House Fund 601 Central Services Fund 602 Central Equipment Fund 603 Risk Management Fund 604 Design Engineering Fund 605 Employee Benefits Fund 606 Information Technology Fund 607 Public Facilities Fund 701 Investment Trust Fund 720 Senior Housing Bond Trustee 353,887.63 55,416.45 0.00 276,756.09 0.00 1,995.00 0.00 0.00 611.80 255,717.52 113,660.69 8,013.53 0.00 37,070.01 9,220.50 0.00 0.00 19,246.95 0.00 0.00 562,803.61 0.00 0.00 14,694.70 0.00 15,270.00 0.00 0.00 0.00 230.36 0.00 230.36 230.36 230.36 230.36 230.35 230.35 218,668.37 495,562.93 19,697.36 50,383.48 52,672.99 6,541.58 0.00 44,165.88 22,900.17 1,846.90 163,828.82 82,879.80 29,381.35 0.00 38,162.00 Total Invoice Expense Distribution: $ 2,952,668.61 Check Register Date: 8/8/2007 Time: 10:43:35 AM COUNCIL REPORT - CHECK REGISTER 7/15/2007 Through 8/4/2007 Vendor Name/ Invoice Amount Check # Check Amount Invoice Description 41mprint 500 Athens pens 162.42 91304 162.42 A M E M / CK Address 3 Registr/Breezy Point conf 375.00 91305 375.00 A&T Upholstery Unit 140 Seat Repair 227.95 91488 227.95 AICPA 07 McGann Membership 190,00 91306 190.00 AIM Electronics Inc PCC Daktronics message brd 16,496.85 91307 16,496.85 Abra Body &Glass Unit 486 rpr rear door 69.75 91308 69.75 Abrakadoodle 7.13/8.3 Twoosy,MiniDoodlers 672.00 91640 672.00 Adam's Pest Control, Inc. Jun07 PCC Pest Control 74.55 91309 74.55 Advanced Sandjacking Inc 34th Ave CC curb/sidewalk rais 3,315.00 91489 3,315.00 Advantage Emblem Inc PD 200 New Patches Large 437.78 91490 2,750.43 PD 50 New Patches Small 128.33 PD 200 Chevron 3" Patches 298.26 PD 200 Chevron 3.5" Patches 155.49 PD 1250 New Patches Medium 1,730.63 Aggregate Industries Concrete for 3905 Annapolis Ln 324.30 91631 324.30 Airgas North Central PD Hazmat Hdlg; Med Lg; 23.34 91310 23.34 Aitkin County Sheriffs Dept W#W060990 R#714640 400.00 91491 400.00 Allied Waste Services 6.5/6.6 PW/PM Waste hauling 831.36 91311 831.36 Allstar Construction Inc Plym Towne Sq roof work 66,349.25 91312 66,349.25 Allstar Construction Inc Plym Towne sq roofing 85,171.84 9.1492 85,171.84 Alpha Video Inc 5.15.07/9.22.08 NICE,Alpha ser 11,879.86 91313 11,879.86 Altura Communication Solutions See Cr/8.1/7.31.08 32,275.36 91632 4,068.15 See cr/8.1.07/7.31.08 5,494,23 Cr 9.9.07/7.31.08 CC phone mint 4,902.45) Cr svc period 9.9.07/7.31,08 28,798.99) Americlnn Topp/Fadden-USPCA lodging 306.16 9131.4 306.16 American Fastener Various Fasteners; Chain Link; $156.94 91493 $156.94 Page 1 of 23 http://cityintemallasp/asp_reports/financelcc_cheek.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 2 of 23 American Messaging May07 2PM Pager Rentals 14.47 91315 28.94 Ju107 2PM pager rentals 14.47 American Planning Assoc. 277.72 91319 277.72 7.'07/7.'08 Doty Membership 245.00 91494 245.00 American Test Center 282.72 91641 282.72 3 Fire Trucks NFPA Aerial test 1,515.00 91316 1,515.00 Ammo -Safe Inc 90.00 91471 90.00 6 .223/5.56 long gun sfty devi 26.94 91495 26.94 Amtech Lighting 12,638.50 91498 12,638.50 6.4 Plym Creek Plyfld light rp 1,572,50 91633 1,572.50 Anchor Paper 1,273.49 91320 1,826.99 9x11 90# Reinf Binding Paper 383.40 91317 449.67 Cartons of Colored Paper 66.27 Anderberg-Lund Printing' 86.72 91644 86.72 31,750 Fall'07 Leisure times 16,541.58 91634 16,541.58 Aramark 31.37 91642 31.37 PCC 4reg,4decaf,6sgr,8crm 330.70 91635 624.32 PCC 6reg,2dcf,4sgr,5crm,cups 293.62 91575 90.00 Arrow Terminal LLC 50-ASSC-A; 4 EF32; Cable Ties 205.21 91636 205.21 Artistic Moments 7.16.07 India Ink watercolor 150.00 91407 150.00 Artistic Moments 7.16 Prog 196 India Ink 80.00 91548 80.00 Aspen Equipment Spray Bar 107.96 91496 107.96 Associated Bag Company 2,000 3mil bags New Res Packet 239.58 91637 239.58 Astor Supply lcs Lrg,lcs XL nitrile exam gl 155.90 91638 155.90 BCA/Bureau of Criminal 6.25/6.28 7lntox 5000 Recerti 350.00 91497 350.00 BCA/Bureau of Criminal 7 FF Background checks 308.00 91630 308.00 Bachman's Inc Various Plants 1,254.15 91318 1,254.15 Baldy Sanitation Co Jun07 Fire 123 Rubbish Removal 277.72 91319 277.72 Baldy Sanitation Co Ju107 Fire 123 Rubbish Removal 282.72 91641 282.72 Baloun, Steven 7.'07/7.'09 Peace Officer Lic 90.00 91471 90.00 Barr Engineering Co. Prcj7108E2.24/3.23 12,638.50 91498 12,638.50 Barton Sand & Gravel Co. 6.18/6.28 100.56m CL5,W3/4, 1,273.49 91320 1,826.99 7.3/7.11 72.61tn CLS,Wash sand 553.50 Bauer, Beth 6.12/6.14 Water Resources Grnt 86.72 91644 86.72 BearCom BEE 1335 Durus Nylon Case 31.37 91642 31.37 Benesch, Nick 7:07/7.'09 Peace Officer lic 90.00 91575 90.00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=7%2F 15 %2F2007&sT... 8/8/2007 Check Register Page 3 of 23 Beniek, Brian Laminate 19 Maps for New Rsrvs 40.53 91328 $130.53 7.'07/7.'09 Peace Officer Lic 90.00 Bennett Material Handling Inc 300.00 Master Cylinder 124.71 91322 $124.71 Berg, Joan Park and Rec Refund 6.25 91323 $6.25 Bergeson, Jona Park and Rec Refund 300.00 91643 300.00 Best Access Systems Ridgemount Plyfld Rep Locks on 1,157.58 91499 1,157.58 Betland, Jennifer Park and Rec Refund 2,80 91324 2.80 Bird, Heath 7.'07/7.'09 Peace Officer Lic 90.00 91531 90.00 Biwer, Lisa Park and Rec Refund 40.00 91500 40.00 Blank, Eric 6/30-7/11 79 Mi Check Parks 38.32 91360 38.32 Bocklund, Peggy Park and Rec Refund 300.00 91645 300.00 Bodin, Debbie 7.22/7.23 Target,Michaels 16.50 91663 16.50 Bolton & Menk Inc Proj7103 May07 retaining wall 3,442.50 91501 3,442.50 Boyer Trucks Fuel Filt; F W Sepr 74.12 91502 124.12 2 Batteries JEI/BC207M3BWS 50.00 Boyer Trucks 4244 Sensor, Ball, Brakes, Rep 414.36 91646 1,571.16 CAS Sensor -Low 15.77 Rod Assembly 215.81 Rod Assembly 246.10 Unit 280 engine light on 378.75 Indicator assy 72.29 2-Gun/3576X 228.08 Branca, Emilie Park and Rec Refund 137.00 91325 137.00 Brauer & Assoc Ltd Inc Prcj7131 5.7/6.26.07 5,068.75 91503 5,068.75 Breezy Point Resort Plek,Golds,Smith/AMEM c onf 1,575.00 91326 1,575.00 Breiwick Companies Inc Stump grinding/Fazendin Pk, 5,719.58 91327 5,849.29 2620 Magnolia stump grind 129.71 Brock White Company LLC 20 EXP Curb & Gutter; 2 CureWh f73.60 91648 269.45 10 Nylon Reinf 1-1/2" Nycon 95.85 Brown, Charley Lowe's/Eagle Scout proj reimb 273.95 91333 273.95 Bunker Beach 8.3.07 Disc Day Camp trip 383.50 91649 383.50 Bunker Park Stables Inc 8.1.07 trail ride fee 200.00 91504 200.00 C & R Technology PW 25 Pair Patch Panel 195.00 91750 362.50 http://cityintemal/asp/asp reports/finance/cc check.asp?sFroniDate=7%2F15%2F2007&sT... 8/8/2007 Check Register Svc Upstairs FD & Community Ct $167.50 C.S. McCrossan Const., Inc. 6/15-6/22 839.74 Ton 38,009.17 91329 60,129.41 6/27-6/29 464.06 Tons 22,120.24 C.S. McCrossan Const., Inc. 490.00 91507 490.00 7/2-7/3 370.67 Tons 17,764.36 91650 17,764.36 CDW Government Inc 34,355.59 91652 34,355.59 MS GSA Office 2007 268.71 91330 3,145.29 Spare Battery Pan Batt Pack 169.34 91332 1,170.00 Targus Trdemrk Toploading Case 50.83 Panasonic Toughbook; 512Memory 2,656.41 91544 90.00 CDW Government Inc Cr FVG4976 17" monitor 164.01) 91505 1,357.31 20" Viewsonic 272.70 HP DC5700 1GB mem,geforce vide 1,248.62 91335 2,885.28 CDW Government Inc 1,750.00 Liebert Nfinity Batt Madule 456.59 91651 456.59 CJA Property Management 67.16 91336 9,953.62 11640 28th Ave rental lic ref 50.00 91506 50.00 CMS Jun07 Drug Testing Collct Svc 210.00 91331 210.00 Camp Ripley Mess Fund 926/928 range/facilities lea 490.00 91507 490.00 Campbell Knutson Prof Assoc Jun07 Attorney services 34,355.59 91652 34,355.59 CareerBuilder LLC 7.10/7,10.08 3 ppd Priority ci 1,170.00 91332 1,170.00 Christianson, Jon 7.'07/7.'09 Peace Officer Lic 90.00 91544 90.00 City of Eagan 7.20 Cascade bay bat owed/ 108.00 91334 108.00 City of Maple Grove Jun07 Dog impounds 1,135.28 91335 2,885.28 07 3rd qtr Dog Impound adm fe 1,750.00 City of Plymouth/Sewer & Water 5/16-6/15 Transit Stat 73 67.16 91336 9,953.62 4/1-5/31 Greenwood Park 191.44 4/1-5/31 Southwood Green 8.41 5/16-6/15 Hist Society 7.09 5/16-6/15 Oakwood Pk 575.62 5/16-6/15 Plym Jr Hi Plyfld 505.42 5/16-6/15 City Center 573.97 5/16-6/15 FS2 136.74 5/16-6/15 Hilde Center 95.17 5/16-6/15 Elm Crk Plyfld 665.90 5/16-6/15 PCC 1,019.73 5/16-6/15 Ice Arena Irrig 449.96 5/16-6/15 Ice Arena 1,263.92 5/16-6/15 Public Safety 416.91 5/16-6/15 Bass Lk Plyfld 644.52 5/16-6/15 Parkers Plyfld 947.86 5/16-6/15 FS3 131.58 5/16-6/15 Pavilion 303.55 5/16-6/15 Zachary Park 152.27 5/16-6/15 Public Works 784.63 5/16-6/15 E Med Lake 46.65 5/16-6/15 LaCompte Pk 151.54 5/16-6/15 Plym Creek Pk 687.46 5/16-6/15 FS 126.12 City of Wayzata 96 Nissan Pathfinder title ap 15.25 91508 18.25 Clarey's Safety Equip. Co Unit T-11 repairs 200.00 91337 200.00 Clarey's Safety Equip. Co Transverse tor4ue rod kit 369.44 91653 369.44 Page 4 of 23 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 5 of 23 Collisys 91657 454.76 Var plyflds lighting repairs 5,290.00 91509 5,290.00 Commercial Asphalt Co. 91404 90.00 6.22/6.29 29.45tn 41A Wear 1,332.99 91338 3,421.16 7.3/7.13 4739tn 41 A Wear 2,088.17 442.00 Commercial Asphalt Co. Custom Business Forms 7.16/7.27 21.13tn 41AWear 6.0 938.37 91654 938.37 Construction Engineering Lab Proj7101 5.26/6.25 soil testin $209.00 91655 $209.00 Cossette, Andy Park and Rec Refund $33.00 91656 $33.00 Country Flags 10 - 4' x 6' USA Poly Flags $454,76 91657 454.76 Crandall, Kelli J IC 6.8&6.27 service calls 310.00 7.'07/7.'09 Peace Officer LIc $90.00 91404 90.00 Crow River Senior Center 7.8.07 "Triple Espresso" $442.00 111.1-1-11 91339 442.00 Crow Wing County Sheriffs Dpt Custom Business Forms W#T7062409 R714641 $300.00 91510 300.00 Crysteel Truck Equipment Inc Arrow Stick Brkt $39.93 91340 $39.93 Cub Foods /3550 Vicksburg Jun07 Food Charges $1,128.72 91341 $1,128.72 Culligan IC 6.8&6.27 service calls 310.00 91342 310.00 Cummins North Central 6.'07/6.'08 PS gen set inspect 294.00 91511 294.00 I .................... Custom Business Forms PD 250 Vehicle Impound Rept 92.66 91343 92.66 Custom Fire Aparatus Inc E21 unit 34 PS rear door handl 161.49 91658 161.49 Custom Headsets Inc. Eng CS70NC & HL 10 (Hillstrom) 386.54 91344 386.54 Custom Headsets Inc. PD 3 - PCS70N & 3 - PHL 10 1,154.30 91659 1,154.30 Custom Refrigeration Inc PCC Repair Upper Freezer 564.43 91345 564.43 Custom Refrigeration Inc PCC Ice machine repairs 259.12 91660 259.12 DMJ Corporation Zachary Park asphalt patching 4,640.00 91346 12,294.00 Greenwood prep/base trail 7,654.00 DPC Industries Inc/PO 200129 4233gl Sodium Hypo 2,696.10 91347 2,696.10 DPC Industries Inc/PO 200129 4438gl Sodium hypo 2,825.70 91512 2,825.70 DPC Industries Inc/PO 200129 4498g1 Sodium Hypo 2,863.64 91661 2,863,64 DSS Commercial Inc Jun07 Messiah lawn maint 235.90 91662 3,499.49 Jun07 Transit shelters trash 1,264.05 Jun07 Cheshire maint 485.64 Jun07 Station 73 maint 1,278.00 Jun07 Covenant lawn maint 235.90 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 6 of 23 Dalbec Roofing Inc 6.12/6.13 PW roof storm damage 3,874.52 91513 18,864.70 Well skylight storm damage 10,940.97 5.26 PW temp roof storm rpr 2,067.83 6.7 PW rplc sheet metal fr sto 1,981.38 Data Recognition Corporation 10.81 91665 10.81 Jun07 UB postage 3,428.40 91349 3,428.40 Data Recognition Corporation 90.00 91515 90.00 Jun07 UB proc+Lock box create 5,714.11 91514 5,714.11 Deichert, Lynn 19.55 91353 19.55 8.14.07 Concert performance 550.00 91698 550.00 Designing Nature Inc 27,046.00 91354 27,046.00 Proj7143 retaining wall 15,008.38 91664 15,008.38 Digigraphics 15,270.00 91666 15,270.00 FD Reruitmnt Banner 352.76 91351 352.76 Dorfsman, Jeff 585.75 91355 585.75 7.'07/7.'09 Peace Officer Lic 90.00 91398 90.00 Dorsey & Whitney LLP 373.82 91667 373.82 May07 TIF legal services 3,805.50 91516 3,805.50 Drasher, Christine 3,210.98 91356 22,457.93 Park and Rec Refund 6.25 91352 6.25 Dundee Nursery&Landscaping Co. Floral Del T. Miller 7/19/07 47.93 91517 102.40 Miracle Gro Pro Sele 11.49 5 Misc Plants 42.98 Dundee Nursery&Landscaping Co. Hose Mender; Rose Rx 32oz. 10.81 91665 10.81 Durenberger, Dave 7.'07/7.'09 Peace Officer Lic 90.00 91515 90.00 Dynamex 6/26 Bursheim Del (Sobania) 19.55 91353 19.55 E H Renner & Sons Well 9 emerg repairs 27,046.00 91354 27,046.00 E H Renner & Sons Prcj7114 Well 16 test drilling 15,270.00 91666 15,270.00 ESS Bros. MX 25 1" Water valve Risers 585.75 91355 585.75 ESS Bros. Driveway Casting R -3290-A 373.82 91667 373.82 Earl F. Andersen Inc. PD 300 28" #5 Traffic Cones 3,210.98 91356 22,457.93 13 6' Benchs/3 3281 trash rcpt 19,246.95 Earl F. Andersen Inc. 50 Galvanized Channel Posts 1,070.33 91518 1,070.33 Earl F. Andersen Inc. 3 6ft concrete benches 1,704.00 91668 1,704.00 Eden Prairie Community Band 7.16.07 concert performance 150.00 91357 150.00 Egan Oil 8506gl Unleaded rJ 2.6586 24,391.79 91669 24,391.79 Ehlers & Associates Inc 6.22/6.26 TIF advisory service 1,035.00 91519 1,035.00 Electrical Installation & Mnt St Lgt Rep 494 @ Carlson Pky 190.17 91358 280.17 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Timing Comp Vicksburg @ Lowes $90.00 Elm Creek Golf Course Inc 8200213308 8.27.02 erosion ref 1,875.00 91359 1,875.00 Emergency Apparatus Maint. Ladder 31 aerial testing 699.30 91670 699.30 Evenflo 7 Chase,8 Triumph 5,2 Triumph 1,553.48 91361 2,102.55 1 Express,2 Triumph Prem,6 Exp 549.07 Express Messenger 6.18/6.25 Attorney P/U 38.85 91362 38.85 Express Messenger 7.2/7.9 Attorney P/U 39.20 91.521 39.20 FMS Technical Group, Inc. IC Rep Main Seating Switch 216.38 91363 216.38 Factory Motor Parts Co 104 Ford Crown Vic Pump Assy. 71.59 91671 71.59 Fadden, Erik 7.'07/7.'09 Peace Officer Lic 90.00 91520 90.00 Farris, Roberta Lynn Payroll Generated Invoice 443.54 91593 443.54 Fastenal 10 Ideal; 25 Cable Ties; 3 Cpl 60.71 91364 60.71 Fastenal 2 RedSpmovaLed60 89.57 91522 89.57 Fastenal 100 3/8x3.5 Z HexLagScw 29.66 91672 29.66 Fedex 5.30/6.21 IT,Eng;S W,Fire 205.57 91365 205.57 Fehn, Shawn Marie Park and Rec Refund 24.00 91673 24.00 Fehn, Shawn Marie Park and Rec Refund 12.00 91674 12.00 Ferguson Enterprises Inc 40 1-1/4 Galv Stl Coup SM; 651.79 91366 651.79 Ferguson Enterprises Inc 3 Clst Rep Kits 4.5 54.84 91675 54.84 Fire Equipment Specialities 5 Bunker coats,pants,suspndr 6,915.85 91367 6,915.85 First Student Inc 7.5.07 to Hilde for MIP 178.75 91677 178.75 Flint Hills Resources LP 3.50 N Ton CRS -2 1,148.07 91368 1,148.07 Frank LLC 6.6/6.28.07 Phone Syst Consult 9,735,00 91369 9,735.00 Fun Jumps Entertainment Inc 7.24.07 Inflatable for Carniva 260.93 91370 260.93 Funcharacters 7.24.07 Face Paint carnival 90.00 91474 90.00 G & K Service Inc Public Works Uniforms 353.56 91371 353.56 G & K Service Inc Public Works Uniforms 339.76 91523 339.76 Page 7 of 23 http://cityinternal/asp/asp_reports/finance/cc_check.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 8 of 23 G & K Service Inc Public Works Uniforms 371.20 91678 371.20 Garage Door Store CC P&R fire door convert to el 2,188.48 91372 2,188.48 Gebhardt, Joe 7.'07/7.'09 Peace Officer Lie 90.00 91542 90.00 General Repair Service Compressor Repr Imperial Hills 3,575.46 91374 3,575.46 Gibson, Gary 2773 Upland Ln util refund 178,00 91373 178.00 Golden, Harold Park and Rec Refund 6.25 91680 6.25 Goldenman, Jon 7.'07/7.'09 Peace Officer Lie 90.00 91402 90.00 Gonyea, Tom 8200207142 5.21.02 erosion ref 1,000.00 91617 1,000.00 Gopher State One -Call, Inc. Jun07 21 CC SW locates 30.45 91375 2,505.60 Jun07 1707 SW locates 2,475.15 Gottwald, Susan 7.'07/7.'09 Peace Officer Lie 90.00 91761 90.00 Grace Management Inc 6.3/7.10 Dell Computers 1,590.19 91376 1,590.19 Grainger 2 100Pk 7.5" cable ties 12.73 91377 479.65 12 Pleated Filters 36.22 2 Solenoids Toilets; 2Blst Dim 203.60 IC 2 -Fuse Time Delay 200A 123.35 5 ea Gatorade Lem/Lm Or Fruit 60.00 1 Everpure water cartridge 87.07 Credit for Inv. 9390667641 43.32) Grainger 2 35 Qt Mop Buckets 109.42 91524 208.85 Fuse Glass 2 A Pk5 15.40 10 F26DBX & 10 F13DBX Lamps 84.03 Grainger Boz. Anti Seize; Leather Glove 17.15 91681 394.49 Shaft Coupler Insert 14.14 Paint Spray 38.13 3 pr Knit Gloves 4.93 Valve Retrofit Flush 320.14 Grande, Shawn. 7.'07/7.'09 Peace Officer Lie 90.00 91602 90.00 Greenberg Impl. 6 Filters 85.48 91378 85.48 Gregor Farm & Greenhouse 6 Flats Bdng Pnts; Water Wand 76.64 91525 76.64 Greupner, Karol J 7.18/7.23 Michaels,Silly Puppe I-- .......... .................................................................................................... 98.12 91546 98.12 Grove Nursery Center Inc. Various Potted Plants 792.20 91379 890.18 Linden Greenspire 915 97,98 Grove Nursery Center Inc. 6 Sumac, 7 Ninebark 279.78 91683 488.09 22 Om grass,4 Weigela,I Poten 208.31 Gudapati, Srujana Park and Rec Refund 6.25 91380 6.25 - http://cityinternal/asp/asp_reports/finance/cc_cheek.asp?sFroniDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Gudapati, Srujana Park and Rec Refund 6.25 91684 6.25 Gypsy Mania 83.07 Concert performance 500.00 91679 500.00 HD Supply Waterworks LTD 20 CB 1-1/4 Cpl; 20 Lids w/Plg 134,48 91526 134.48 HD Supply Waterworks LTD CB 1-1/4 Repair CPLG 272.08 91685 272.08 HP - equipment HP Compaq dc7700SFF 17,328.04 91386 17,328.04 Hamson, Nancy 131.47) 5.7/6.18 Water Resources Grnt 300.00 91718 300.00 Hance Utility Services Inc Zachary Elec Repairs 128.75 91381 128.75 Hanson, Elizabeth (Bette) Park and Rec Refund 25.00 91527 25.00 Hanson, Sheila Park and Rec Refund 90.00 91382 90.00 Hawkins Water Treatment 750g1 Carusol 20 6,955.00 91528 6,955.00 Hawkins Water Treatment 46131b C-9/see cr1094615 2,080.89 91686 14,684.79 Cr 1088081RI ovrchr C-9 131.47) 35841b Hydrofl,6392.309 C-9 3,460.97 Cr 1079737RI ovrchrg C-9 182.18) Cr 1078678RI ovrchrg C-9 225.38) 9216#Hydrofl,7908# C-9,500gl 9,681.96 Hawkins, Ash,Baptie & Co. Ju107 Section 8 Acctg Sery 220.00 91529 220.00 Healthfund of Minnesota Payroll Generated Invoice 6.50 91530 112.50 Payroll Generated Invoice 3.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 4.00 Payroll Generated Invoice 61.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 5.00 Hebert, Janene 6.13 HAM lunch meeting 11.00 91693 371.00 U of MN parking for US PAP 5.50 Natl USPAP course 155.00 Mpls Area Assoc Rrealtors/dues 199.50 Hedberg Aggregate 3 Ret Wall Ancr Diamonds 21.41 91383 67.49 6 Ret Wall Ancr Diamond 46.08 Hennepin Co Info Tech Dept Jun07 PD Radio Lease 6,950.18 91384 10,495.25 Jun07 Fire Radio lease 3,545.07 Hennepin Co Info Tech Dept Jun07 Frame Relay/Ntwrk sprt 426.56 91532 426.56 Hennepin County Assessor 07 23,902 Valuation Notices 10,545.90 91385 10,545.90 Hennepin County Sheriff/Bookng Jun07 Booking fee prisoners 3,605.10 91687 3,605.10 Hewlett Packard/maint-support Ju107 Terra Server Sftw mnt 23.00 91533 974.57 6.28/7.27 Uniform 2 maint 951.57 Page 9 of 23 http://cityinternal/asp/asp_reports/finance/ec_cheek.asp?sFroniDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Hillyard IC Liner 40-45 Gal 40x48 ,98 M $301.35 91387 301.35 Hirshfield's 68.15 68 5Gal Field Striping Paint $1,339.77 91388 1,339.77 Hirshfield's 96 5gl White field paint $1,891.44 91688 1,891.44 Page 10 of 23 Holt Motors Inc Kit 9274 68.15 91534 68.15 Holton, Laurie Ref car seat(R714432 50,00 91697 50.00 Hotsy Equipment of MN 3/8 x 8OFt Hose 87.62 91689 87.62 Houlihan, Michael Park and Rec Refund 85,00 91389 85.00 Huber Universal Services LLC Hilde window cleaning 421.74 91535 421.74 Hydro Metering Technology 2-2" CS S/S Gal, Flange; T-200 4,606.13 91390 10,125.90 8 0464 M70B & Mrt Str; 6 0564 5,519.77 I Space Reconfigure for IT dept. 1,620.44 91536 1,682.30 Replacement Keys for Overheads 61.86 Image Trend Inc Jun07 HireTouch 195.00 91537 195.00 Imaginit Technologies Miller,Simons/AutoCAD training 1,830.00 91538 1,830.00 Ind School Dist 281/CK Address May07 Dance Recital 337.50 91462 337.50 Ind School Dist 284/CK ADDR 6.27.07 Facility rental 24.38 91391 24.38 Infinity Composites Inc 8 Pasgt Level NIJ helmets 1,685.60 91690 1,685.60 Info -Tech Research Group 6.20/6.20.08 Membership+ITA pr 1,950.00 91392 1,950.00 Int'l Security Products 200 Ties Alum 9Ga x 10 1/2 42.66 91393 42.66 Intelligent Products Inc 12 Pkgs Mutt Mitts 736.78 91394 736.78 Isaacson Lawn Care Jun07 Lawn services 5,192.49 91691 5,192.49 J & L Enterprises USA, Inc 7.9/7.12 Volleyball camp 51,011.34 91395 1,011.34 J J Landscaping Inc r 07 Spring Reforestation 25,500.00 91396 25,500.00 J. H. Larson Electrical Co. 1C 6-SYL M1000/U 6 SYL F20T12/ 152.48 91397 152.48 J. H. Larson Electrical Co. 20 600V Fuses; 2 1NOW HPS 464.05 91692 934.51 PCC 3 2-32W T8 dimming ballast 470.46 Jahnke, Grayce Water Resources Grant 400.00 91682 400.00 Jimmy's Johnny's http://cityintemal/asp/asp_reports/finance/cc_check. asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Jun07 Yard Waste Site 53.52 91401 4,972.83 Jun07 Plymouth Creek 338.85 07 Parkers Pond 2 trtmnts 372.00 91409 $3,194.89 Jun07 Pilgrim Lane Elem 53.52 07 PCC ponds 3 trtmnts 927.00 Jun07 Middle School Plyfld 318.85 Jun07 Parkers Lake Plyfld 107.05 Jun07 Parkers Lake Beach 510.90 Jun07 Oakwood Plyfld 143.50 Jun07 Mission Hills 48.18 Jun07 Maple Creek 48.18 Jun07 Lions 53.52 Jun07 Sunrise 48.18 Jun07 Plymouth South Shore 48.18 Jun07 Skatepark 96.02 Jun07 Shiloh 48.18 Jun07 Shenandoah 48.18 Jun07 Schmidt Lake 48.18 Jun07 Rolling Hills 48.18 Jun07 Ridgemount Plyfld 53.52 Jun07 Queensland 48.18 Jun07 St Mary's 53.52 Jun07 Zachary Elm 53.52 Jun07 Zachary Plyfld 414.88 Jun07 W Medicine Lake 414.88 Jun07 W Lutheran HS 73.52 Jun07 Turtle Lake 48.18 Jun07 Timber Shores 107.05 Jun07 Three Ponds 48.18 Jun07 Swan Lake 48.18 Jun07 Extra Tip Svc St. Mary's 20.00 jun07 LaCompte Green 57.17 Jun07 Imperial Hill 48.18 Jun07 Heritage 48.18 Jun07 Heather Ponds 48.18 Jun07 Green Oaks 48.18 Jun07 Glenloch Park 48.18 Jun07 Gateway, Vicksburg/Schmi 48.18 Jun07 Greenwood Elm School 53.52 Jun07 Field Hs Center/Bubble 53.52 Jun07 Elm Ck Plyfld 414.88 Jun07 East Medicine Lake 53.52 Jun07 Dog Park 53.52 Jun07 Circle Park 53.52 Jun07 Camelot Park 53.52 Jun07 Bass Lk Plyfld 101.71 Jun07 Armstrong HS, Mpls. 41.03 Jun07 Maint Facil 14900 23rd 101.71 Jun07 Amphitheater #1 201.35 Jimmy's Johnny's Jun07 Pomerleau 48.18 91541 48.18 I........................ Joe Sensers 7117-18 Lunches Budget Meeting 253.47 91543 253.47 Kettle Creek Corporation 30 Canable w/lids $5,504.63 91695 $5,504.63 Kidd Plumbing Inc 1C replace ball valve $185.25 91405 $185.25 Kim, Mee Park and Rec Refund $2.00 91406 $2.00 Kogen Taiko 8.1.07 Concert Performance $600.00 91769 $600.00 Kriss Premium Products Inc IC35g1CWT540,1 Bleed valve $818.72 91549 $818.72 Kriss Premium Products Inc IC 30gl CWT540 cooling twr h•t $667.22 91696 $667.22 LBM Systems, LLC 7.'07/12:07 AXIAR print sprt $83.20 91408 $83.20 LSC Resource Inc Business Cards $114.11 91550 $114.11 Page 11 of 23 Laidlaw Transit Services Inc Jun07 DAR/Metrolink Transit 271,706,88 91551 $271,706.88 Lake Restoration Inc 07 Parkers Pond 2 trtmnts 372.00 91409 $3,194.89 07 Amphitheatre 2 trtmnts 290.00 07 PCC ponds 3 trtmnts 927.00 http://cityintemal/asp/asp_reports/finance/ec_cheek.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 12 of 23 07 Parkers Beach 1 st tr+pert 488,00 07 E/W beach 1 ea+2permits 810.00 07 Zachary Pond Ist trtmnt 307.89 Lake Restoration Inc Parkers LK milfoil treatment 4,146.00 91552 4,146.00 Lauer, Dan Prog 085 Inline HPucks & Balls 36.18 91348 36.18 Law Enforce Labor Serv./Union Payroll Generated Invoice 158.00 91554 1,238.53 Payroll Generated Invoice 39.50 Payroll Generated Invoice 118.50 Payroll Generated Invoice 14.03 Payroll Generated Invoice 908.50 Loretto Auto Recondition Unit 180 rpr rust&paint 763.80 91410 763.80 Lundgren Bros. R200216034 10.11.02 erosion rf 1,000.00 91555 1,000.00 Luskey, Thomas Park and Rec Refund 100.00 91556 100.00 Lynch, Kevin 7.9/7.13 LittleShooters camp 3,123.75 91547 3,123.75 Lyndale Garden Center Ju107 CC plant lease 125.00 91712 125.00 MECA TJaffoni/Storm Water Tour 110.00 91411 220.00 Josh Doty/Storm Water Tour 110.00 M S P Band 7.31.07 concert performance 400.00 91412 400.00 MAAO/MN Assoc Assess Officers Commercial apprsr trainiee job 100.00 91557 100.00 MAAO/MN Assoc Assess Officers Olsson/9.30/10.3 confDuluth 225.00 91699 225.00 MAAP 07 Schulman Membership 10.00 91558 10.00 MES Inc Battle Fogger 714.05 91413 714.05 MES Inc 1051b Rescue Randy 695.88 91700 1,388.80 3 28" lighted cones 440.62 1 IOft folding ladder 252.30 MIAMA Mailing labels 5.00 91414 5.00 MN AFSCME Council 45 Payroll Generated Invoice 68.52 91560 2,225.98 Payroll Generated Invoice 38.73 Payroll Generated Invoice 17.13 Payroll Generated Invoice 51.39 Payroll Generated Invoice 85.65 Payroll Generated Invoice 25.82 Payroll Generated Invoice 51.39 Payroll Generated Invoice 25.82 Payroll Generated Invoice 171.30 Payroll Generated Invoice 17.13 Payroll Generated Invoice 34.26 Payroll Generated Invoice 17.13 Payroll Generated Invoice 12,91 Payroll Generated Invoice 17.13 Payroll Generated Invoice 12.91 Payroll Generated Invoice 316.97 Payroll Generated Invoice 12.91 Payroll Generated Invoice 18.74 Payroll Generated Invoice 12.91 Payroll Generated Invoice 17.13 Payroll Generated Invoice 18.74 Payroll Generated Invoice 12.91 http://cityinternallasp/asp_reports/financelcc_check.asp?sFroniDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 13 of 23 Payroll Generated Invoice 73.43 Payroll Generated Invoice 262.36 Payroll Generated Invoice 34.26 Payroll Generated Invoice 224.88 Payroll Generated Invoice 18.74 Payroll Generated Invoice 18.74 Payroll Generated Invoice 28.04 Payroll Generated Invoice 73.35 Payroll Generated Invoice 51.64 Payroll Generated Invoice 85.65 Payroll Generated Invoice 9.68 Payroll Generated Invoice 12.91 Payroll Generated Invoice 85.65 Payroll Generated Invoice 17.13 Payroll Generated Invoice 12.91 Payroll Generated Invoice 38.73 Payroll Generated Invoice 17.13 Payroll Generated Invoice 51.64 Payroll Generated Invoice 38.73 Payroll Generated Invoice 12.85 MN AFSCME Council #5 Payroll Generated Invoice 25.82 91701 793.86 Payroll Generated Invoice 30.26 Payroll Generated Invoice 60.52 Payroll Generated Invoice 74.96 Payroll Generated Invoice 90.78 Payroll Generated Invoice 412.28 Payroll Generated Invoice 30.26 Payroll Generated Invoice 19.36 Payroll Generated Invoice 30.26 Payroll Generated Invoice 19.36 MN Child Support Payment Ctr Payroll Generated Invoice 474.38 91561 1,844.82 Payroll Generated Invoice 118.50 Payroll Generated Invoice 1,042.44 Payroll Generated Invoice 209.50 MN Crime Prevention Assoc Cwayna/Haseman/10.14/10.16 190.00 91702 190.00 MN Dept of Health G Willey Class B water lic 23.00 91415 23.00 MN Environmental Fund Payroll Generated Invoice 1.00 91562 31.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 7.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 1.00 MN Municipal Utilities Assoc Safety Compiance Service 3Q 07 7,439.01 91563 7,439.01 MN NCPERS Life Insurance Aug07 Employee life ins 1,474.00 91703 1,474.00 MN Recreation & Park/CK ADDR 07 11 Softball Post ssn berth 1,650.00 91416 1,650.00 MN Recreation & Park/CK ADDR 1 Post season softball berth 160.00 91564 160.00 MTI Distributing Inc Drive Assemb, Nozzle, Elec Kit 350.39 91417 350.39 MTI Distributing Inc Zachary Fld Irig Fld Service 180.96 91565 180.96 MTI Distributing Inc PCC Irrig Field Service 180.96 91704 180.96 MacQueen Equip. Inc 2 Tow Bar Assy and Lower Pivo 454.86 91705 454.86 Mad Science of Minnesota 8.3.07 Fantastic Friday event 243.00 91706 243.00 http://cityinternallasplasp_reports/financelec_check. asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 14 of 23 Maintenance Experts Inc 07 Wilson Membership $110.00 Ju107 Everglaze program 76.32 91707 76.32 Malone, Tom 7.2/7.13 Sam's,Party America $900.24 91464 100.24 7.2/7.31 Little Tiger,KidSmart 1,142.40 91621 1,142.40 Marti, Steve 29.84 Mix, Winnifred Batteries Plus/exercise bike b 38.32 91607 38.32 Martin Sign Inc PW Install sign days/hours 90.53 91567 90.53 Maryland Screen Printers 28 USTA Tennis T's 135.80 91419 135.80 McGrady, Natalie Park and Rec Refund 95.00 91420 95.00 Menards 2 Rake & Comer Trim 8'; Pro -R 33.82 91568 33.82 Metro Fire 3 664 Invader Helmet Stnd Blck 393.33 91421 737.55 2 Kits for Aitpack on A-21 82.00 2-664 Invader Helmets Stnd Blk 262.22 Metro Fire Charger Assembly w/Cradle #260 143.07 91709 143.07 Metro Water Conditioning Inc. 98-50# Solar 524.72 91710 524.72 Metro Wood Recycling Inc 30.5hrs Tubgrinding wood 6,100.00 91422 6,100.00 Metrocall 7.22/8.21 21 RAD pager rentals 143.01 91711 318.54 7.22/8.21 26 PD pager rentals 175,53 Metropolitan Council -Waste Aug07 Wastewater Services 357,110.41 91569 357,110.41 Metropolitan Council/SAC Jun07 Sery Avail Charge 119,394.00 91423 119,394.00 Meyer, Shelley Park and Rec Refund 12.00 91570 12.00 Michaud, Regina Mill End Textiles/carnival spl 23.62 91591 23.62 Midwest Environmental Consult 1835 Yuma lead assessment 585.00 91424 585.00 Midwest Sports Supply Install Batting Cage Turf 7,500.00 91425 7,500.00 Mignone, Shauna Park and Rec Refund 6.00 91571 6.00 Minnesota Conway PD Exting service 876.53 91426 76.53 Minnesota/Wisconsin Playground 8'Volcano climber,crawl tube, 7,045.45 91714 7,045.45 Minnetonka Game & Fish Club 07 Wilson Membership $110.00 91427 110.00 Mittelstaedt, Sara 7.2/7.13 Sam's,Party America $900.24 91464 100.24 Mittelstaedt, Sara 7.14/7.18 office Depot/strg bx $29.84 91597 29.84 Mix, Winnifred Park and Rec Refund $7.00 91428 7.00 http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=7%2F 15 %2F2007&sT... 8/8/2007 Check Register Page 15 of 23 Mobile Lock And Safe Co. PCC Keys 10.03 91429 10.03 Morrie's Imports Inc Unit 180 Engine Light Repair 280.6791715 280.67 Mpls Area Assoc of Realtors Jul-Sep07 MLS service 78,00 91430 78.00 Murphy, Teresa Park and Rec Refund 300.00 91716 300.00 Muzak JulO7 Muzak 73.55 91431 73.55 Muzak Aug07 Muzak 73.55 91717 73.55 Nardini Fire Equipment Co PCC 2 1500 series bubble 95.85 91432 95.85 Natural Shore Technologies 5.5 2" Native plant flats 187.44 91719 187.44 Natural Shore Technologies Proj7142E Shoreline Restore 1,245.00 91720 1,245.00 Natural Shore Technologies Proj7]42E Shoreline Restore 7,899.38 91721 7,899.38 Natural Shore Technologies Proj7]42E Shoreline Restore 2,283.38 91722 2,283.38 Natural Shore Technologies Prcj7142E Shoreline Restore 4,509.75 91723 4,509.75 Nesbitt, Robert 7.9/7.20 MN Joint Analysis 1,995.00 91592 1,995.00 NetMotion Wireless Inc 9.'07/9.'08 Maint prem,squad c 1,250.00 91572 1,250.00 Netley Enterprises 07-03 Ref CUP 92007033 fee, R#703636 400.00 91433 400.00 Neumann's Enterprise Dunkirk storm sewer/finish gra 8,000.00 91724 8,000.00 New Horizons Computer Lrng Ctr Olsson/Schulman 8.13/8.14 Acce 833.00 91573 833.00 Nextel Communications 6.8/7.7.07 155 cell phones 3,493.01 91574 3,493.01 North Country Concrete Inc Curb & gutter replacement 9,312.60 91434 9,312.60 North Star Chptr Appraisal Ins 07 Hebert Membership 130.00 91725 130.00 Northern Safety Technology 2 Mini Responders Strobes 469.47 91435 494,80 Lens Clear w/Seal 73 Series 25.33 Northern Safety Technology 2 Lens Clear w/Seal 73 Series 19.60 91726 19.60 Northern Sanitary Supply Co PCC 9 Comandair Refills Vanil 62.30 91436 394.58 PCC 24 Degrsr; 10 Glvs; 12 Rfl 332.28 Northern Sanitary Supply Co Blade, Rear Linatex 2001 Auto 25.88 91576 25.88 Northern Traffic Supply Inc 20 Barricade/Flsh 30 days 539.16 91437 539.16 http://cityinternal/asp/asp_reports/finance/cc_cheek. asp?sFromDate=7%2F 15 %2F2007&sT... 8/8/2007 Check Register Page 16 of 23 Northern Traffic Supply Inc FS I Custom Legends 32x2.5 EG W I .................... . .......................................... . ........................................ ..................... Northern Water Works Supply 30 "Out of Service" Signs; I ..................... .............. .......... . .......... ................ Northern Water Works Supply 19 CB Lid & Plg; 8 RL CB Rep 211-1/4 CB Lid&Plg; 6 RL CB R 6 RL CB Rep Lid/Plg 1-1/4 I ............... . . ........ .... . ........ . ....... ......... . .. - - -------- - --------- - ------ . . Northland Business Systems PD 2 SP -PC Headsets 6.22 470.72 492.20 440.46 218.60 94.98 91727 91438 91728 91729 6.22 I., ..... . ..... . ......... . .. 470.72 1,151.26 94.98 Northwest Community Television Mini DV 4.00 91439 4.00 Norton Family Entertainment 7.17/718 Concert Performances 1 ......... . ..... ........... . ............................... ...... -- . ............ ..... ................ . . .................. 900.00 91303 900.00 Novak Enterprises LLC Prcj1013 reimb appraisal I ............................ I ................................ I ....................e.......,..a.................................. 5,000.00 91730 5,000.00 Office Depot 2 Bx Rubber bands; Report Cvrs 15.89 91440 687.27 Labels 10.37 Dz Pens 6.11 15 LgI Div Folders 45.53 Calculator 9.37 29 Clear Overlay Binders 65.79 Credit Memo Rest, Cord 23.94) Holder 16.11 File Ats, Tape Disp, Scissor 33.77 Pens, Paperclips, Pencils 24.89 29 Lckg OD RR Bdr; Dividers 160.77 15-3 ring binders 104.42 Staples; Markers; Pens 18.03 5-2Pk 3Volt Battery; Corct Tap 48.34 Magnet; Paper; Pins, Bands 45.75 Digital Recorder 80.93 Pens, Markers 25.14 Office Depot Lead, Calculator, Binders, Cas 66.86 91577 621.60 Ltr Tray; Bus Card Holder 51.15 Ltr Tray; Bus Card Holder 51.15 Wheel Mouse; Mse Pad 42.42 4 5" Lkg Sng Tch Binders 86.22 Credit of Inv 391084198 157.82) Folters; Post -its; Pens; Steno 78.14 Notebook 4.41 Binder Clips; Pens; StpIr; Pap 41.93 Calculator; Bx Env; Tape 85.76 Stpler; 3 Hole Punch; Binder 81.66 Credit to Inv 391808116 Binder 19.18) Folders; Pens; Tape; LgI Pads 56.85 Paper Clips; 100 Pk Magiccard 19.72 Pencils; Safety Pins; Binder 11.62 30-3" PI -view Binders 79.56 Clipboard; Lamnt refll; Markrs 41.15 Office Depot Ink Cartridges 47.66 91731 474.96 1 Erase T board 235.44 Cr 391391678/29 clear binder 65.79) Credit for Inv 392472747 51.15) Stamp for Forestry 18.63 Folders; Corr Fluid; Pens; LgI 43.03 Clpbrd; Post -its; Mrks; Hi-Ltr 22.39 Tape and dispenser 63.24 Laminate Refill 62.32 Pens; Clips; Note Pads; Flags 8.74 30 Mylar Tabs 45.05 Ready Ltrs; Paper; Tape Corr; 26.77 Stamp; 18.63 Office of Enterprise Technolog Jun07 PD phone interpruter I."... ............ ........ . . ................. 42.19 91732 42.19 Oil -Air Products, Inc. 3 Couplers; 8 Nipples I ......... ........... I ............ ............. - ........ .. ............ ... . ................ . 79.37 91441 79.37 Ole and Lena's Garage Door Svc PW weather seal shop doors 1,661.00 91733 1,661.00 http://cityintemallasplasp-reportslfinancelcc-check.asp?sFromDate=7%2Fl5%2F2007&sT... 8/8/2007 Check Register Page 17 of 23 Olson, Maren Rainbow/Flowers/summer picnic 24.00 91418 24.00 Open Your Heart Payroll Generated Invoice 6.00 91578 45.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 25.00 91447 300.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 10.00 9144$ 4,798.65 Payroll Generated Invoice 2.00 Orbit Courier 7.5 Fr; boyer,St Joe 52.55 91442 52.55' Orbit Courier 7.10 Fr McQueen 22.10 91579 22.10 Oriental Trading Co Inc 187.87 Summer Carnival 2007 Supplies 177.50 91443 177.50 Owens Services Inc. 157.87 WTP2 Rpr Main Lvl Air Handler 878.35 91444 878.35 Owens Services Inc. 137.69 91738 295.56 FS2 Replace Air Handler 8,233.14 91580 8,233.14 Owens Services Inc. WTP2 Repr Transfer Fan 140.60 91734 386,80 Well 15 Rep/Check Breaker Prob 246.20 PAM Oil 6 Fuel Flts; 2 Blades; Pad Kit 125.54 91445 821.60 AC Battery, 3 Stud Battery 354.06 4 AC Filter K1A 78.81 Durapac AC Oil Filter 4.48 6 AC Gas Filters 77.13 6 AC Fuel Flts; 6 AC Oil Fltrs 127.48 2 AC Elements 54.10 PAM Oil 2 AC Batt; 4 Oil Flt; Pad Kit 212.57 91581 472.63 2 HD Air Flt; 4Fuel Flt; 4Tran 126.26 2 Oil Flts; 24 Oil Fltrs 133.80 PAM Oil 4 AC Filters 166.86 91735 572.39 AC HD Air Fltr; 8 Spk Plgs 36.30 AC HD Air Fltr; 3 AC Air Fltrs 23.36 AC Pad Kit Frt Disc 51.03 4 MC Relay 39.62 Bendix Disc Pad Pkg 21.91 Pad Kit; 4 Fuel Fltr; 6 Oil FI 233.31 Palda & Sons Inc Proj7107 #2'07 Str Rcnstr 475,864.53 91582 475,864.53 Palda & Sons Inc Proj7107 #3 '07 Str Rcnstr 47,572.20 91736 47,572.20 Park Nicollet Clinic 5.31/6.25 Empl Physicals 738,69 91583 738.69 Petty Cash 7.21.07 Summer Carnival cshbx 300.00 91447 300.00 Phasor Electric Company PS Electrical Repairs 1,113.35 9144$ 4,798.65 1C Transf Circuits, Fire Alnn, 3,685.30 Phenomenal Networks Cisco VOI P syst final 10,000.00 91449 10,000.00 Plymouth Automotive Inc. 7.13'79 Mercedes tow 177.85 91450 661.46 7.7'90 Plym Voyager tow 187.87 7.12'93 Saturn tow 137.87 7.11 '05 GMC Yukon tow 157.87 Plymouth Automotive Inc. 02 Fored Focus/tow fee 137.69 91738 295.56 http://cityinternal/asp/asp_reports/finance/cc_check.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register 05 Subaru tow fee $157.87 Page 18 of 23 Plymouth BP Apr-Jun07 Car washes 958.50 91403 958.50 Plymouth Plumbing 1,219.22 100% Ref for I" meters, being 16,039.00 91451 16,039.00 Plymouth Plumbing 875.15 Ref Permit 20067636 Replaced 2,611.00 91584 2,611.00 Pond & Lighting Designs Inc 906.40 PCC Shp Crow n&Geyserfountn 614.50 91739 614.50 Premier Rinks Inc 466.54 IC Lexan .118x 34 1/2 x 95 7/8 119,28 91452 119.28 Preus, Audrey 3,758.12 91586 7,870.40 Water Resources Grant 350.00 91639 350.00 Printers Service Inc 994.67 IC 77" Ice Knife Sharp. 36.00 91453 36.00 Printers Service Inc 1,326.03 IC 77" Ice Knife Sharp. 54.00 91585 54.00 Prior Lake Water Ski Assoc 196.33 91455 196.33 8.8.07 Water ski show bal owed 425.00 91740 425.00 Professional Aquarium Mnt Inc 2,200.64 91446 2,200.64 Ju107 PCC Aquarium maint 376.00 91741 376.00 Puffer, Jim 2,200.64 91737 2,200.64 Water Resources Grant 300.00 91694 300.00 Quality Restoration Sery Inc Cty 9 Watermain brk repairs 1,449.45 91454 7,286.86 2755 Fountain/Wtrmn brk rprs 1,219.22 54th/169 Watermain brk rprs 875.15 Kirkwood/Wtrmn brk repairs 875.15 5940 NorwoodlWtrmn brk rpr 698.65 Kirkwood Wtrmn brk repairs 906.40 Cty 9/01d Rckfrd wtrmn brk rpr 796.30 13705 27th Ave/Wtrmn brk rprs 466.54 Quality Restoration Sery Inc 54th/169 Wtnnn brk repairs 3,758.12 91586 7,870.40 18310 5th Ave/wtrmn brk rpr 945.96 5940 Norwood/Wtrmn brk rpr 994.67 13110 35th Ave/Wirmn brk rpr 845.62 235 Inland Ln/Wtrmn brk rpr 1,326.03 Quantum Development, Ine. Jan-Mar07 Aerobics class 196.33 91455 196.33 Qvale, Pat 6.30/7.13.07 LTD 2,200.64 91446 2,200.64 Qvale, Pat 7.14/7.27.07 LTD. 2,200.64 91737 2,200.64 Qwest Ju107 WTP 1&2 Tl 538.28 91456 639.28 Ju107 PD to Sheriff 101.00 Qwest Ju107 FS 1 DSL 78.39 91587 545.81 Ju107 FS 2 DSL 78.23 Ju107 Tl Logis 389.19 Qwest Ju107 FS2 Tl 262.09 91742 262.09 Qwest Corporation 8.10.06 5025Vicksburg damage 194.65 91743 194.65 R & R Specialties/ Somerset WI IC gauge,spacer kit 361.44 91589 361.44 http://cityintemal/asp/asp_reports/finance/cc_cheek.asp?sFromDate=7%2F 15 %2F2007&sT... 8/8/2007 Check Register Page 19 of 23 R M R Services Inc May07 8052 Meters reads R P Utilities Inc Proj4141 #4/Final 3,623.40 4,449.02 91588 91457 3,623.40 4,449.02 RSC Rental Service Corp 136.03 91746 272.06 2Blades 14x1/8x1 Metal 17.68 91458 17.68 RSC Rental Service Corp 6.4/6.8 Skyjack rental 707.15 91590 707.15 Ramy Turf Products 40 Bale 50#Terra; 6Bg Mix #150 1,072.46 91459 1,072.46 Randy's Sanitation Inc Ju107 WTP1 Rubbish Removal 46.03 91744 754.41 Ju107 WTP2 Rubbish Removal 50.44 711107 CC Rubbish Removal 394.87 91461 294.97 Ju107 PW/PM Rubbish Removal 263.07 Rask, Carolyn 208.82 91749 353.25 Park and Rec Refund 32.00 91745 32.00 Reed Business Information Prcj7104 7.9.07 legal notice 136.03 91746 272.06 Prcj7104 7.2.07 legal notice 136.03 Reinders Inc 2 2.5G Roundup Herbicides 294.48 91747 294.48 Rejsek, Jennifer Home Depot/Prog011 plygrnd spl 50.46 91540 50.46 Richard Alan Productions 7.24.07 bel owed/concertperf 280.00 91460 280.00 Riedell Shoes Inc . 25 pr skates for Ice Center 294.97 91461 294.97 Rock-N-Rescue/JE Weinel 10 SM,4XL Omega Carabiner 208.82 91749 353.25 15 sm Omega D Carabiner 144,43 Rosenbaum, Maria 6.6/7.13 133.45 Mileage Reimb 64.72 91566 64.72 Ryan, Joseph 7.18/7.20 Craguns 242 miles co 117.37 91545 117.37 SL -servo 2007 Water Quality Report 6,756.28 91594 6,756.28 SRF Consulting Group, Inc. Jun07 MSA Traffic counts 3,289.00 91595 11,705.63 Proj4141 6.30.07 535.22 Prcj7102 6.30.07 1,010.01 Prcjl013 6.30.07 6,871.40 SRF Consulting Group, Inc. 6.30.07 Park&Trail CPU 13,193.42 91751 21,197.25 Proj7141 6.30.07 Transit Plan 196.18 Prcj7120E 6.30.07 4,862.87 Prcj6129 630.07 Zach blfld im 2,944.78 SW/WC Service Cooperatives Aug07 Employee Medical Ins 151,073,00 91463 151,073.00 Safe Kids/NMHC 6.9 200 std,10 Multisport helm 2,150.00 91596 2,150.00 Safe Kids/NMI1C 7.11 1 box foam noodles 45.00 91752 2,180.30 6.28/7.10 198std, l0multisport, 2,135.30 Schindler Elevator Corp PCC Elevator Repair 150.00 91598 150.00 Science Explorers http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=7%2F 15 %2F2007&sT... 8/8/2007 Check Register Page 20 of 23 7.16/7.19 Electrifying Science 1,136.00 91465 1,136.00 Science Museum of Minnesota 7.27 bal owed day camp trip 385.00 91599 385.00 Senneseth, Dewey Park and Rec Refund 100.00 91600 100.00 ServPro Park and Rec Refund 100.00 91601 100.00 Sherwin Williams Custom Paint, Tray Liners;Tape 79.08 91603 79.08 Short -Elliott -Hendrickson Proj7021E Jun07 15,900.21 91466 15,900.21 Shoshin Ryu of MN 6.11/7.30 Youth/Adult Jujitsu 1,475.20 91647 1,475.20 Silver King Refrigeration Inc 8200419043 11.18.04 erosion re 1,500.00 91467 1,500.00 Skyhawks Sports Academy Inc 6.18/6.29 Sports Camps 7,463.40 91604 7,463.40 SourceOne Graphics Inc City Council Chamber's Signs 100.75 91754 100.75 Sports Unlimited 7.16/7.20 LaCross camps 4,278.00 91605 5,658.00 6.11/6.14 T -ball camp 1,380.00 Sprint 6.15/7.14 24PD,5SW,3PW MDC's 1,385.85 91755 1,437.36 6.15/7.14 Voller238.1454 51.51 St Joseph Equipment Inc Element,filters 263.62 91468 492.60 6.21 Hammer rental 228.98 St Joseph Equipment Inc 1 ASV 0201-231 Pin 43.98 91606 1,273.25 Skid Steer 302085A I Radiator 1,229.27 St Louis Park HRA Reimb URP's 162.35 91756 162.35 Star Tribune 6.10/6.25 Appraiser 695.50 91469 695.50 State Chemical Co 3 Variety Fragrance Pak 354.41 91470 354.41 State Chemical Co Weed Killer; Hornet Spray 581.39 91757 581.39 State of Minnesota Jun07 Parks clean up 951.63 91713 951.63 Steinkraus, Ben & Vivian R200415027 9.16.04 erosion ref 1,000.00 91321 1,000.00 Streicher's Inc Polo & Zipoff Pant P. Johnson 154.88 91472 154.88 Streicher's Inc M Archer Trouser; Name Tag 54.95 91608 109.90 Tags Johnson, Julson, Mujahid 54.95 Stretcher's Inc M. Evans Name Tag 14.80 91758 1,653.48 rousers; Laszlo Alberti 69.95 Prisoner seat,map lights,park 790.16 Units 137&146 squad equip 269.63 Tact Outer Carrier Amy Goodwin 139.95 Name Tag Maggie Archer 14.80 Couser Trousers & Service Tab 54.95 Captain Bars Collar Insignia 6.38 http://cityintemal/asp/asp_reports/finance/cc_cheek.asp?sFroniDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Breaching Tool; Super Hallagan $292.86 Page 21 of 23 Strohmyer, Tom 7.27.07 Magic Show 250.00 91618 250.00 Sun News pa pers/Notices File 2007057 35.75 91609 336.06 File 2007045 46.48 Ord 2007-14 78.65 Ord 2007-15 110.83 File 2007049 64.35 Sun Newspapers/Notices PHN Bass Lk Plaza 3rd 42.90 91759 71.50 2007 RFP for ERP 07/12 28.60 Superior Ford, Inc. Lever 44.20 91610 44.20 Superior Ford, Inc. Sender & Pump; Stud; Parts 253.41 91760 1,178.22 7-38 Unit 149 accident 884.30 Unit 139 switch 40.51 Supreme Building Maintenance Ju107 Ex Cing Conf Rm Wind/Chr 159.75 91473 10,650.58 Ju107 Cleaning Svcs 10,490.83 Sweeney, Brian Park and Rec Refund 100.00 91611 100.00 Sweeney, Shawn 8.8.07 Concert performance 250.00 91753 250.00 T -Mobile Ju107 GPS cell 49.99 91475 49.99 TDS Metrocom 7/13-8/12 Parks CC PW FS 4,471.40 91612 4,471.40 T- .......................... ............. ............... ........ TKDA & Associates Inc 5.27/6.30.07 Leak locates 224.25 91762 224.25 Tactical Link 18 Stealth One Point slings 1,881.20 91476 1,881.20 Taho Sportswear 18 Emb Cotton Hats 122.40 91477 122.40 Taho Sportswear 220 Champion Ts; 40 2XL; 4 3XL 748.20 91763 828.45 20 Youth Ts; 5 Adult Ts Inline 80.25 Taser International Inc Kroeger/Stimac Adv Taser Instr 190.00 91613 190.00 Tauer, Denise Park and Rec Refund 163.99 91614 163.99 Tedesco, Victor 7.26.07 concert performance 800.00 91483 800.00 Tennis West Finley Bros Inc Ridgemount tennis resurface 2;040.00 91676 2,040.00 The Brass Menagerie 8.9.07 Concert performance 600.00 91764 600.00 ThyssenKrupp Elevator Aug07 PS Elevator maint 143.78 91765 143.78 Tiegs, Diane 7.18 Michaels,Amazon--Wellness 26.79 91350 26.79 Todd's Lawn and Garden 6.15/6.22 Forced weed cuts/cit 4,195.00 91766 4,195.00 Toll Company Jun 07 PW Cyl/Demurrage 22.41 91478 22.41 http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=7%2F 15%2F2007&sT... 8/8/2007 Check Register Page 22 of 23 Toll Company , Natl Night Out -Barricade Tape 78.28 91767 253,15 3/8 Wrench; GrafitFnn w/Shd 15.82 3 Propane Fuel Cyl. Vol. 99 98.16 91770 87.90 12 Safety Glasses 60.89 Tom Car LLC 8200217194 10.30.02 erosion r£ 1,000.00 91616 1,000.00 Topp, Robert L00 7.23/7.24 Fuel,brkfst @K-9 tri 85.60 91748 85.60 Total Control Systems Inc 1.00 7.6 WTP 1 power supply faulty 1,597,52 91768 1,597.52 Traffic Marking Services Inc 3.00 91623 130.31 34th Zircon,Pilgrim-32nd 92.30 91619 92.30 Trueman Welters Inc 10.00 60" Brush hog tiller 3,098.67 91620 3,098.67 Twin City Water Clinic, Inc. 8.00 Well 5 water analysis 65.00 91479 65.00 US Identification Manual 1.00 US ID Manual through Sep07 165.00 91480 165.00 Uniforms Unlimited Inc. PD Unif Shirt Res Ofc Majahid 43.95 91481 43.95 Uniforms Unlimited Inc. Unif Shirt Res Ofc McCullough 43.95 91770 87.90 Unif Shirt Resv Ofc Julson 43.95 United Arts Payroll Generated Invoice 11.00 91622 15.00 Payroll Generated Invoice L00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 1.00 United Way of Mpls Payroll Generated Invoice 3.00 91623 130.31 Payroll Generated Invoice 10.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 4.00 Payroll Generated Invoice 8.00 Payroll Generated Invoice 25.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 12.00 Payroll Generated Invoice 4.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 12.00 Payroll Generated Invoice 6.31 Payroll Generated Invoice 8.00 Payroll Generated Invoice 14.00 Payroll Generated Invoice 4.00 Payroll Generated Invoice 2.00 University of Wisconsin Press 6:07/6.'08 Asche subscriptn 50.00 91771 50.00 Valley Rich Co Inc 6.25/6.30 10810 Bass Lk Rd rpr 2,351.40 91482 2,351.40 Verizon Wireless Ju107 Tufte/Ahrens 31.64 91772 48.94 Ju107 Yard Waste 9.68 Ju107 Rescue 11 fax 6.15 Jun-Ju107 759.8159 P&R spare 1.47 Vicksburg Crossing Proj5108 1127.06/6.27.07grabba I--. ..... .................. 13,104.51 91773 13,104.51 Vigoren, Marjorie 7.25 25 Mileage reimb/Edina 12.13 91708 12.13 Viking Trophies 16-8x10 Plaques/Artwork 429.41 91624 429.41 http://cityintemallasp/asp_reports/financelcc_check.asp?sFroniDate=7%2F 15 %2F2007&sT... 8/8/2007 Walser Chrysler Jeep Sensor Tr 4800879 17.85 91625 17.85 Warner Connect 1,286.38 7.16.07 ERP consulting 3,000.00 91775 9,000.00 7.9.07 ERP consulting 3,000.00 7.23.07 ERP consulting 3,000.00 Waste Management Services 7,318.09 Jun07 Curb/dropoff recycle les 2,248.15 91484 2,248.15 Waste Management Services 5.19.07 Spec Recycle Day 8,328.68 91626 8,328.68 Watson Company 4,800.19 Pavilion concession food respl 159,77 91776 159.77 Wenek Associates Inc 22,604.97 Proj6103 Jun07 10,679.85 91485 10,679.85 West Point Products Inc 300,00 91629 300.00 Toner LJ 5500-5550 327.49 91486 1,197.01 2 Tnr LJ 5500 Yel Blk; Svc Rep 869.52 91539 512.97 West Point Products Inc Toner HP CoLor LJ 5500 Yellow 451.29 91627 566.31 Direct Install C8061 X HP 4100 115.02 Westside Equipment Inc. 6.29 MPCA compliance work 361.25 91777 1,926.72 5.8.07 MPCA Compliance work 1,565.47 Westside Wholesale Tire Inc. Short bent truck valve 33.95 91778 33.95 Wolfe, Terry Driveway rpr/watermain break 1,540.55 91615 1,540.55 Woods, Jenny 4.19/7.13 Class D to B/tanker 13.50 91399 13.50 Wright County Sheriffs Dept W#271423 R715597 bail 100.00 91779 100.00 Xcel Energy 5/17-6/18 Traffic Signal/Flash 2,254.64 91487 113,412.50 5/15-6/14 Lift Stations 709,41 5/20-6/22 Wtr Twrs 46.59 Jul07 City Buildings 24,328.50 5/16-7/10 Wells 83,302.21 Jul07 City Parks 2,771.15 Xcel Energy 5/15-6/19 Street Ltg 120.96 91628 4,827.33 5/30-7/1 Traffic Signal/Flashr 1,286.38 Well 2 Cr 5.1/6.1.07 6,850.05) Well 6 6.1/7.2.07 5,371.74 Well 6 credit 5.1/6.1.07 5,275.27) Well 2 6.1/7.2.07 7,318.09 5/14-7/1 Traffic Signal/Flashr 2,855.48 Xcel Energy 6/11-7/10 Civil Def Siren 54.36 91780 36,674.82 Jul07 Lift Stations 4,800.19 6.8/7.20 Plyflds&bldgs 9,215.30 5.30/7.17 IC,FS2 22,604.97 Zimmerman, Kenneth Park and Rec Refund 300,00 91629 300.00 Zipfel, Jeff Proj7101 water softener dmg 512.97 91539 512.97 TOTAL AMOUNT: $2,697,333.44 http://cityintemal/asp/asp_reports/finance/cc_check. asp?sFromDate=7%2F 15 %2F2007&sT... 8/8/2007 Date: 8/8/07 H.M.S. Windows - Housing Assistance Payments Page: 0001 Time: 1:30:12 PM PAYMENT REGISTER -SUMMARY QAhms\reports\PAYSUM.QRP Bank Account Description/Account Number E Checking 3110681 Number Date Method Status Name Of Payee Total 0000857 7/26/07 Computer Ck. Paid Four Seasons Estates 557.00 0000858 7/26/07 Computer Ck. Paid Lisa Fox 15.00 0000859 8/1/07 Computer Ck. Paid Simon Akerman 1,079.00 0000860 8/1/07 Computer Ck. Paid Ilya Alchits 1,125.00 0000861 8/1/07 Computer Ck. Paid Alpha Investments & Consulting 837.00 0000862 8/1/07 Computer Ck. Paid Charles & Helen Anderson 445.00 0000863 8/1/07 Computer Ck. Paid At The Lake Apartments 2,895.00 0000864 8/1/07 Computer Ck. Paid At The Lake 0.00 0000865 8/1/07 Computer Ck. Paid At The Lake 16,832.00 0000866 8/1/07 Computer Ck. Paid Oluwatoyin Balogun 0.00 0000867 8/1/07 Computer Ck. Paid Bass Lake Hills Townhomes, LP 5,153.00 0000868 8/1/07 Computer Ck. Paid Charles Beaman 673.00 0000869 8/1/07 Computer Ck. Paid Vladimir Begun 1,413.00 0000870 8/1/07 Computer Ck. I Paid Bigos Willow Creek 0.00 0000871 8/1/07 Computer Ck.' Paid Bigos Willow Creek 29,065.00 0000872 8/1/07 Computer Ck. Paid Bigos-Oakwood LLC 641.00 0000873 8/1/07 Computer Ck. Paid Caberallo. LLC 885.00 0000874 8/1/07 Computer Ck. Paid Vitaly Chernith 1,189.00 0000875 8/1/07 Computer Ck. Paid Valdemia Dema 583.00 0000876 8/1/07 Computer Ck. Paid Valdemia Dema 955.00 0000877 8/1/07 Computer Ck. Paid DJB Futures Inc 545.00 0000878 8/1/07 Computer Ck. Paid Yuri Esaulenko 696.00 0000879 8/1/07 Computer Ck. Paid Gerald Evenson 506.00 0000880. 8/1/07 Computer Ck. Paid Fernbrook Townhomes 14,954.00 0000881 8/1/07 Computer Ck. Paid Four Seasons Estates 0.00 0000882 8/1/07 Computer Ck. Paid Four Seasons Estates 18,264.00 0000883 8/1/07 Computer Ck. Paid Four Seasons Villa 418.00 0000884 8/1/07 Computer Ck. Paid Denise Gartner 1,121.00 0000885 8/1/07 Computer Ck. Paid Matvey Gezunterman 567.00 0000886 8/1/07 Computer Ck. Paid Shaun Gray 1,053.00 0000887 8/1/07 Computer Ck. Paid... _. Alla Grigoryants 885.00 0000888 8/1/07 Computer Ck. Paid Suzanne Guggenberger 798.00 0000889 8/1/07 Computer Ck. Paid Todd Haigh 762.00 0000890 8/1/07 Computer Ck. Paid Heartland -Plymouth LkVwCommons 0.00 0000891 8/1/07 Computer Ck. Paid Heartland -Plymouth LkVwCornmons 36,197.00 0000892 8/1/07 Computer Ck. Paid James Houg 839.00 0000893 8/1/07 Computer Ck. Paid Elena & Boris Iliarske 633.00 0000894 8/1/07 Computer Ck. Paid James Irwin 183.00 0000895 8/1/07 Computer Ck. Paid Alfredo Jacobo 820.00 0000896 8/1/07 Computer Ck. Paid Kim Johannessen 919.00 0000897 8/1/07 Computer Ck. Paid Joseph Palen 1,165.00 0000898 8/1/07 Computer Ck. Paid Gennadiy Kharam 462.00 0000899 8/1/07 Computer Ck. Paid Eugena Krivanova 723.00 0000900 8/1/07 Computer Ck. Paid Lancaster Village Partnership 6,255.00 0000901 8/1/07 Computer Ck. Paid Derrick Lance 827.00 0000902 8/1/07 Computer Ck. Paid ' Kathy LaPointe 1,189.00 0000903 8/1/07 Computer Ck. Paid Gregory Mazo 693.00 0000904 8/1/07 Computer Ck. Paid Joan Michaud Scorza 518.00 0000905 8/1/07 Computer Ck. Paid Klara Mints 833.00 0000906 8/1/07 Computer Ck. Paid Toni Muckala 714.00 0000907 8/1/07 Computer Ck. Paid Vadim Nevelskiy 1,082.00 0000908 8/1/07 Computer Ck. Paid Jane Nyagwansa 718.00 0000909 8/1/07 Computer Ck. Paid Alex Olchanski 195.00 Date: 8/8/07 H.M.S. Windows - Housing Assistance Payments Page: 0002 Time: 1:30:12 PM PAYMENT REGISTER - SUMMARY Q:Uhms\repotts\PAYSUtvI.QRP 0000910 8/1/07 Computer Ck. Paid Park Place Apartments 1,866.00 0000911 8/1/07 Computer Ck. Paid Parkside Apartments E 13,050.00 0000912 8/1/07 Computer Ck. Paid Reese Pfeiffer 1,138.00 0000913 8/1/07 Computer Ck. Paid Plymouth Colony Apartments 8,776.00 0000914 8/1/07 Computer Ck. Paid Plymouth Ponds Ltd Partnership 0.00 0000915 8/1/07 Computer Ck. Paid Plymouth Ponds Ltd Partnership 17,238.00 0000916 8/1/07 Computer Ck. Paid Plymouth Terrace Realty, LLP 173.00 0000917 8/1/07 Computer Ck. Paid Regency Pointe Apartment Homes 12,017.00 0000918 8/1/07 Computer Ck. Paid Ilya Roytelman 588.00 0000919 8/1/07 Computer Ck. Paid Shenandoah Woods 13,129.00 0000920 8/1/07 Computer Ck. Paid Gopal B Shenoy 1,818.00 00.00921 8/1/07 Computer Ck. Paid Plymouth Leased Housing Assoc 8,732.00 0000922 8/1/07 Computer Ck. Paid Summer Creek Apts 2,928.00 0000923 8/1/07 Computer Ck. Paid Irina Turovskaya 561.00 0000924 8/1/07 Computer Ck. Paid Vicksburg Crossing 3,451.00 0000925 8/1/07 Computer Ck. Paid Vicksburg Commons 999:00 0000926 8/1/07 Computer Ck. Paid Vladimir Voynov 808.00 0000927 8/1/07 Computer Ck. Paid Wellington Apartments Partnership 1,673.00 0000928 8/1/07 Computer Ck. Paid Anders Willberg 9885.00 0000929 8/1/07 Computer Ck. Paid Richard Wilson 319.00 0000930 8/1/07 Computer Ck. Paid Igor Yesilevsky 683.00 0000931 8/1/07 Computer Ck. Paid Metropolitan Council 3,598.04 0000932 8/1/07 Computer Ck. Paid TenabtURP 4mountS 91.00 0000933 8/1/07 Computer Ck, Paid i.-_ - ---• 9.00 0000934 8/1/07 Computer Ck. Paid 54.00 0000935 8/1/07 Computer Ck. Paid 27.00 0000936 8/1/07 Computer Ck. Paid i'' '"""`"` 8.00 0000937 8/1/07 Computer Ck. Paid j 31.00 0000938 8/1/07 Computer Ck. Paid 37.00 0000939 8/1/07 Computer Ck. Paid y 51.00 0000940 8/1/07 Computer Ck. Paid$15.00n ... n 0000941 8/1/07 Computer Ck. Paid _ 51.00 0000942 8/1/07 Computer Ck. Paid 103.00 0000943 8/1/07 Computer Ck. Paid 81.00 0000944 8/3/07 Computer Ck. Paid Plymouth Ponds Ltd Pa_rtnership___. V 463.00 0000945 8/3/07 Computer Ck. Paid Metropolitan Council 8.13 Total For Bank Account Checking $255,335.17 Of Totals Transactions Computer Checks 448 $255,335.17 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: $255,335.17 Total - All Bank Accounts Printed: $255,335.17 CITY OF PLYMOUTH RESOLUTION NO: 2006 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING AUGUST 4, 2007 WHEREAS, a list of disbursements for the period ending August 4, 2007 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 — Check Register General & Special Revenue 726,828.97 Construction & Debt Service 667,931.80 Enterprise & Internal Service 1,188,529.63 Housing & Redevelopment Authority 114,043.04 Check Register Total $2,697,333.44 Anchor Bank — Housing Assistance Payments Housing & Redevelopment Authority $ 255,335.17 GRAND TOTAL FOR ALL FUNDS $2,952,668.61 Adopted by the City Council on August 14, 2007. Agenda Number: 035 CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Shawn Drill, Senior Planner (509-5456) through Barbara SennesS, _ Planning Manager SUBJECT: Damien and Kristen Wolf. Extension of variances granted to allow a detached garage in the front yard and for impervious surface coverage, for property located at 10610 South Shore Drive (2005046) DATE: August 3, 2007 for the City Council Meeting on August 14, 2007 1. PROPOSED MOTION: Move to adopt the attached resolution approving a one-year extension to the previous variance approvals for property located at 10610 South Shore Drive, as recommended by the Planning Commission. Approval of a resolution extending the expiration period of previously approved variances requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicants are requesting a second one-year extension of the variances granted to allow a detached garage in the front yard and for impervious surface coverage, for property located at 10610 South Shore Drive. The first one-year extension was approved administratively (see attached approval letter). The ordinance specifies that any additional extensions must be considered by the Planning Commission and City Council. The applicants originally received approval of four variances to allow: 1) redevelopment of a non -conforming lot; 2) a reduced side yard setback for a portion of the covered front porch and exterior stairs for a new home to be constructed on the lot; 3) a detached garage in the front yard; and 4) impervious surface coverage of 28.9 percent. The new home that was approved as part of the original variance request was constructed in 2006. File 2005046 Page 2 3. PLANNING COMMISSION MEETING: On July 18, 2007, the Planning Commission voted unanimously to recommend approval of the extension on their consent agenda. A copy of the Planning Commission minutes is attached. The Zoning Ordinance specifies that variance approvals are valid for one year from the date of approval, unless construction has commenced or unless the approvals are extended by the City. The first extension may be administratively approved for a one-year term. Any subsequent extensions, however, must be reviewed by the Planning Commission and approved by the City Council. The applicants state that the detached garage portion of the project has been delayed due to unexpected costs incurred with the house construction. Extension of the variance would allow them to construct the garage next summer. The Zoning Ordinance sets an expiration period on development approvals to ensure that development complies with the most recent code amendments. There have been no code amendments affecting this project since the time the variances were approved. 5. RECOMMENDATION: Community Development Department staff recommends adoption of the attached resolution approving a one-year extension to the previous variance approvals for property located at 10610 South Shore Drive, as recommended by the Planning Commission. ATTACHMENTS: 1. July 18, 2007 Planning Commission Minutes 2. June 8, 2007 Letter from Applicant Requesting Extension 3. Resolution 2005-261 Approving Variances 4. August 2, 2006 Letter Administratively Approving One -Year Extension 5. Location Map 6. Site Graphic 7. Resolution Extending Development Approvals PLAN/STAFFREP/CC/2005/2005 046 -Extend -VAR -Wolf -CC. doc Draft Minutes City of Plymouth Planning Commission Meeting July 18, 2007 MEMBERS PRESENT: Chair James Holmes, Commissioners Frank Weir, Terry Jaffoni, James Davis, Erik Aamoth, and John Cooney (arrived at 7:10). MEMBERS ABSENT: STAFF PRESENT: Planning Manager Barbara Senness, Semordffanner Shawn Drill, Senior Planner Marie Darling, Planner Joshua Doty, and Off upport Representative Barb Peterson 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AG MOTION by Commissio eir, seconded by Commissioner Davis, to approve the July 18, 2007 Planning Co ssion Agenda. Vote. 6 Ayes. MOTION approved. 5. CONS AGENDA A. OVAL OF THE JUNE 20, 2007 PLANNING . COMMISSION INUTES ON by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the B. DAMIEN AND KRISTEN WOLF MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the request by Damien and Kristen Wolf for an extension of variances granted to allow a detached garage in the front yard and for impervious surface coverage for property located at 10610 South Shore Drive. Vote. 6 Ayes. MOTION approved. Just., . 8, 2007 JUN -18 ?-Gd` Shawn B. Drill, AICP Senior Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Dear Shawn I am writing to begin the process of extending part of our variances that were approved in 2006 (Approving Resolutions 2005046). Last year we had an administrative extension approved because the house project had. been delayed. We were able to move into the house, but -are still in the process of landscaping and working on a driveway. In addition, due to unexpected costs incurred with the project we have had.to delay the construction of our garage. Therefore we would like to take the next step in extending our variances. I am unsure of the process to take from here, or how long we can extend the variance for, but would like to begin the process. I'm happy to meet any time or please feel free to call or email me to discuss what I need to do. Thank you, Damien Wolf Damien & Kr. 10610 South Plymouth, MN 55441 Cell: 612-242-3146 Email: dwolf@orangeseed.com CITY OF PLYMOUTH O RESOLUTION 2005 - 261 APPROVING VARIANCES FOR DAMIEN AND KRISTEN WOLF . FOR REDEVELOPMENT OF A NON -CONFORMING LOT, IMPERVIOUS SURFACE COVERAGE, DETACHED GARAGE IN THE FRONT YARD, AND SIDE YARD SETBACK FOR PROPERTY LOCATED AT 10610 SOUTH SHORE DRIVE (2005046) WHEREAS, an application has been filed by Damien and Kristen Wolf which requests approval of variances for redevelopment of a non -conforming lot, impervious surface coverage, detached garage in the front yard, and side yard setback to allow construction of a new single-family home for property legally described as follows: Lot 5, Block 2, Medicine Lake Park First Division, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Damien and Kristen Wolf for variances for redevelopment of a non -conforming lot, impervious surface coverage, detached garage in the front yard, and side yard setback to allow construction of a new single-family home at 10610 South Shore Drive, subject to the following conditions: This resolution approves variances to allow 1) redevelopment of an existing lot of record that is non -conforming due to lot width, 2) impervious surface coverage of 28.9 percent, 3) detached garage in the front yard, and 4) side yard setback of eight feet for a portion of the front parch and exterior stairs, in accordance with the plans received by the City on June 13, 2005 and June 14, 2005, except as may be amended by this resolution. 2. The variances are approved with the findings that the applicable variance standards are met, as follows: ovn) Resolution 2005-261 2005046) Page 2 of 4 all a) The subject lot is an existing non -conforming lot of record that was created prior to modern zoning and subdivision regulations. The applicants are proposing to improve the property by removing two small non -conforming cabins and subsequently constructing a new single-family home with attached garage in the north portion of the lot, and detached garage in the south (front yard) portion of the lot. The long and narrow shape of the lot, together with the desire to maintain the neighborhood character by placing the home adjacent to the neighboring homes, results in a need to exceed the allowable impervious surface coverage. Without the variances, the lot could not be redeveloped in a reasonable manner in keeping with the established neighborhood character. b) The circumstances related to this request are not generally applicable to other properties in the RSF-2 district. The Medicine Lake Park 1St Addition where this lot is located is unique due to its several non -conforming lots that .were. originally: platted in the early 1900's, prior to modern zoning and subdivision regulations. That original platting established a lot configuration that does not readily serve the needs of present-day land use, unless variances are, granted. The subject lot is also different from most lots in the district because it is sloped in a manner that further compounds the challenges for redevelopment of this lot. c) The request is not based upon a desire to increase value or income potential. The proposal would allow the applicants to build a new single-family home on this residentially zoned' lot, replacing two old non -conforming cabins. The detached garage would provide the applicants with adequate garage space to store all of their personal property (e.g., vehicles, boat, lawn care equipment, .bikes, etc,) indoors. The side yard setback variance would allow the portion of the front porch and exterior stairs located less than ten feet from the side lot line to be covered with a roof feature. d) The hardship relating to the lot width was not created by the applicants, but rather was created by the original platting of the lot in the early 1900's. Additionally, the difficulty relating to the slope of the lot, as well as the pre-existing development pattern of the neighborhood was not created by the applicants. The difficulties relating to the requested variances for impervious surface coverage, detached garage in the front yard, and side yard setback are a result of factors beyond the applicants' control. e) The proposal would not be detrimental ;to the public welfare or injurious to the neighborhood. The applicants propose to improve existing drainage issues in the area through their grading and drainage plan (as would be revised), including installation of storm sewer pipe and a rain garden. Many lots in this neighborhood have a similar lot width and exceed 25 percent impervious surface coverage. Five other properties in the immediate area also have a detached garage in their front yards. Lastly, the size and location of the proposed home would be compatible with the neighborhood. c Q`ll Resolution 2005-261 2005046) Page 3 of 4 f) The proposal would not impair an adequate supply of light and air to adjacent properties, increase the danger of fire, endanger the public safety, or diminish property values within the neighborhood. g) The request is reasonable and strikes a balance between allowing redevelopment to occur while preserving neighborhood character and minimizing the extent of the variations needed to alleviate the hardship. 3. Prior to issuance of the building permit, the applicants shall revise the plans to show the following: a) Sanitary sewer service and invert elevation. b) Surface water from the low area to the west must drain at approximately the 890 elevation. This water. must drain east of the proposed driveway, and then north to the lake. c) An emergency overflow designed to carry the 100 -year rain event must be created along the easterly property line to drain to the lake. Eighteen inches of freeboard is required between the lowest opening of adjacent buildings and the ground overflow elevation.. d) A permit is required from the Minnesota Department of Natural Resources for any work below the Ordinary High Water Elevation of 889.1 feet. 4. Any changes or expansions are subject to required reviews and approvals per Ordinance provisions. 5. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started .construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21030.06 of the Zoning Ordinance. ADOPTED by the City Council on July 12; 2005. P lymouth Adding Quality to Life August 2, 2006 Damien Wolf 340 Louisiana Avenue North Golden Valley, MN 55427 Subject: Extension of Variance Approval for property located at 10610 South Shore Drive (2005046) Dear Mr. olf. Pursuant to your July 12, 2006 letter and Section 21030.06 of the Plymouth Zoning Ordinance (copy enclosed), we hereby grant a one-year extension to the variances that were approved by the City Council on July 12, 2005. The expiration date for the variances is now July 12, 2007. If you have any questions regarding this letter, please call me at (763) 509-5456. Sincerely, Shawn B. Drill, AICP Senior Planner. Enclosures 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel 763-509-5000 • www.ci.plymouth.mn.us 45.. MEDICINE LAKE Site OF Location Map - 2005046 Damien & Kristen Wolf Land Use Guide Plan 10610 South Shore Drive ® C, Comercial Request for Variance CC, City Center CO, Commercial Office IP, Planned Industiral 0 LA -1, Living Area 1 N LA -2, Living Area 2 LA -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 300 150 0 300 600 900 1,200 Feet TOP OF SURFACE OF WATER=88 /.a 9/07/04 Wolf Residence -PROTECTS FROlytRUN•OFF FROMGEOTEXTILE UPHILL ON NEIGHBOR'S PROPERTY 10610 S. Shore Drive t7F.^ , ..:•.;"R.,:' ? ..,, \... 9 A, AND CLASS y z.' 1• a r III RIP RAP Landscaping Preli inar -_ ILT FENCE` ;. B Arl A Dry Bed/Water Pond - nm®1 PVC APRON; t..,i,5; `• • t- l INV. = pft9i: In YaRun-off Protection DIRECTIONAL BORE (JACK)''. i+ae e9e.e3 P.IPE IN PLACE r0 PROTEST UPPER SURFACE $DOTS OF !, ADJACENT OAK TijEC. Replacement Trees Shrubs/Plants rbILAr. 'C Jti e .`.. L./ ..I T7`3 ! ; < \ OVERFLOW 822.S7 2 `ST , CB .'j • ./ ;' 1. 5 TOP 89T:1a•, , y.:;d sJl _ 908.00 mWC'•":ao ' A 'INV. = 888.32JOE" /-•+ly/ ' . 89267 i / / 300.00 ' / ir.1 /' `•` r.. 83950 V•"sC;;{ 'r'W •' a92:a7 3 ST. S.CB r ` i • ,'" : 1,9.P y= ' 892.1'7, .1:y - . INV. = 888.4:: 4 ` GEOTEXTILE _____, AND CLASS 6`!a - 'j,.• -. 510ifW ,EXIGR66E r SIDEWALK GR,§bE " /:.a i1' i" '~7a TO BE ABOVE'. / III RIP RAP 4/ ^ i^ /= 893, ELEVAT19j . 5 8" PVC APRON v J ,<:y INV. = 890.00 WALL PRG f'• I/ „ 9,, I.Y. - . .,.. 4. L /r ,•?,J 0f y A Ofd `',•., e'„ .... ,' ' ,,' HCJ 1.4 I r,' : g .are 1 . / ' : < r Y,r1 : WORKINGVN ^ fGHB 'O CLEAN G.. C,. %L•, LOWNARga,,,, CIiNCRETE bRIMP JFFGULLEY. ' /y. i '•iJ d. AA ' / // `/ n. as f /'. ,• 095. ' : /• /, •" 1 SILT'F.ENCE - YUin' INV! _ .890 20 /. NCE jt.i+.. SILT E in"''!i:r•'-iT 9 .<.r;; 'ti A ( uWA:"Li /`%;$p1 .,/' •, %' \ .il•!".' 4 \ VVi ^.r ''`'c i,;y`-y' '8g5•. r, Ai •IIr: . r 0+ i ''' / ^/r, ,h• !j 4A . UPORARY' Sr;;{! .:v•/' .7- , r ROCK%._.. /;...' ,: <ssy rG.. i'.:!, 1.0,1:,/,, i•' \.. !<,- .`.,'•. r CONSTRUZ ION : ::h, jr / w ENTRAN'C'E• /i•t r .c-+?^ ror. •jlr'7"e :7 . \/ , I j J._'/ rl• ,' /li• J i .1 it ,( - . _ ,/". ,:'.7:i.J:='; i, ',.,, w, / 1'1 /!/_ / ,, T•-•4. :":.--t:- ice i ,'\ •.. .;, Q..J • .Yi ` 1i i:. :.M/ti: iJ' i //' 1 rr Apt cc: as y; ca7 r'::i •,.;4 • r '• CITY OF PLYMOUTH RESOLUTION 2007 - APPROVING A ONE-YEAR EXTENSION OF THE VARIANCE APPROVALS FOR DAMIEN AND KRISTEN WOLF FOR PROPERTY LOCATED AT 10610 SOUTH SHORE DRIVE (2005046) WHEREAS, Damien and Kristen Wolf have requested a second one-year extension of the variances granted for property legally described as Lot 5, Block 2, Medicine Lake Park First Division, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting. 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 Damien and Kristen Wolf for a second one-year extension of the approved variances for property located at 10610 South Shore Drive, subject to the following conditions: 1. A second one-year extension to the development approvals is hereby granted, subject to the conditions listed in Resolution 2005-261 approved on July 12, 2005. 2. The variance approvals shall now expire on July 12, 2008. ADOPTED by the City Council on August 14, 2007. Resolution 2007- 2005046 -Extension) Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 14, 2007 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk PLAN/STAFFREP/RES/2005/205046-Extend-V ar-Wolf-Res. doc F Agenda Number TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Marie Darling, Senior Planner (509-5457) through Barbara Sennesss, Planning Manager SUBJECT: T -Mobile Central. Conditional Use Permit to Allow Installation of a 75 - Foot Monopole with Antennas at St. Mary of the Lake Church, 105 Forestview Ln. (2007049) DATE: August 3, 2007 for the City Council Meeting of August 14, 2007 REVIEW PERIOD DEADLINE: October 9, 2007 1. PROPOSED MOTION: Move to adopt the attached resolution approving a conditional use permit to allow installation of a 75 -foot monopole with antennas for property located at 105 Forestview Lane, as recommended by the Planning Commission. Approval of a conditional use permit requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit to install a 75 -foot monopole antenna tower and related equipment at St. Mary of the Lake Church located at 105 Forestview Lane. Under the existing plan, the 75 -foot monopole would include six antennas for telecommunications purposes and would be located west of the church near an existing storage building and the Church's propane tanks. The purpose of the request is to fill in a weak coverage area and boost capacity for the residential area between County Road 73 and Pineview Lane south of Highway 55. File 2007049 Page 2 3. PLANNING COMMISSION PUBLIC HEARING: At their July 18, 2007 meeting, the Planning Commission voted unanimously to recommend approval of the request. The applicant was present and agreed with the conditions in the attached resolution. Two people requested to speak and their concerns and the response are summarized below. Notice of the public hearing was published in the official newspaper and mailed to all property owners within 500 feet. A map of the notification area is attached. Development signage remains on the site. Location A speaker was concerned that the tower was not attractive and should be located in one of the nearby commercial properties. A second speaker stated that if the tower must be located in this area it should be constructed taller and located on the school/park property. The applicant's radio frequency engineer responded that the business areas to the north were too far away to service the area and that the school/park property is too' low to allow a 75 -foot tower to meet the service requirements. Staff added that the Wayzata School District has an unofficial policy that does not encourage cell tower leases on their property and that the Zoning Ordinance does not allow towers taller than 75 feet in residential or public institutional districts. Property Values A speaker was concerned that the tower would impact their property values. The applicant responded that they have previously submitted several studies done in Minnesota and Wisconsin which state the towers do not impact property values. Financial Benefit Both speakers wanted to know who benefits financially from the tower's income. The applicant responded that the church would benefit from the lease income. Staff added that the income from the tower is taxed even though the church is a non-profit institution. Health Impacts A speaker was concerned about the health impacts of a tower in a residential neighborhood. Staff responded that according to Federal law, cities are not allowed to use concerns on health impacts in reviewing telecommunication applications. Health impacts are regulated solely under the jurisdiction of the Federal Communications Commission. ' File 2007049 Page 3 4. CONTEXT: A. Background The church and school were originally constructed in the late 1950's or early 1960's. The convent and rectory were constructed in 1963. In 1973, the City Council approved a conditional use permit allowing the conversion of the church's convent to a group home. The Council later approved the conversion of the group home into a treatment facility for teens. In 1976, the City Council approved a conditional use permit for a day care. The Council later approved an expansion to the building to allow a larger daycare facility. B. Surrounding Land Uses - Ad'acent Land Use Guiding Zoning North, East Single family homes LA -1 RSF-1 South Single family homes Within the City of Minnetonka West Wayzata East Middle P -I School and Playfield P -I C. Level of City Discretion in Decision -Malting The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed project meets the conditional use permit standards listed in the Zoning Ordinance: However, this level of discretion is affected by the fact that some of these standards are open to interpretation. 5. ANALYSIS OF REQUEST: A. Consistency with Ordinance Standards The applicant is requesting approval of a conditional use permit to allow installation of a new 75 - foot monopole with six antennas in a triangular array and related equipment cabinets. The monopole would be structurally designed to support a second telecommunication user on the antenna, as required by the Zoning Ordinance. The monopole would be located on the west side of the church behind their storage building. No lights, signs or other attention -getting devices are proposed or permitted to be attached to the tower. The accessory equipment cabinets would be located on a platform and connected to the tower by an above -ground bridge. The platform and all equipment would be located within an eight -foot fenced enclosure. The cabinets would be six feet in height and eight feet long. The applicant has also proposed to size the fenced enclosure large enough to accommodate any additional antennas that they may add for their own use in the future. File 2007049 Page 4 The Zoning Ordinance allows monopoles in the RSF=1 district upon issuance of a conditional use permit, provided the following specific conditions are met: 1. That the applicant demonstrate that the antennas are required to meet the spacing needs of the wireless system and to provide adequate coverage and capacity. The applicant provided a coverage and capacity analysis that was conducted by an RF (Radio Frequency) Engineer. That analysis indicates that there is presently weak coverage at this location. The RF maps (attached) indicate that the proposed antennas would provide the coverage and capacity needed to remedy the present condition. Additionally, the analysis indicates that an antenna mounting height of 75 feet is necessary to provide the needed coverage. 2. That the required antennas cannot be accommodated on. an existing monopole, building, or other structure within one-half mile. There are no such existing structures meeting the height requirement available within a one- half mile search radius. 3. That the monopole be set back a distance equal to or greater than its height (75 feet) from the nearest residential structure. The monopole would be set back as .follows from the adjacent residential properties: Nearest residential property line to the north 421 feet Nearest residential property line to the east 471 feet Nearest residential property line to the south 510 feet 4. That any required equipment shelter be housed within an existing structure whenever possible. If new equipment shelters are necessary, it should be located in the rear or side yard and shall be screened from view by landscaping where appropriate. The cabinets are self-contained structures and would be located within a fenced enclosure. The enclosure would be located behind an existing storage building. As.the fenced enclosure would be visible from the hockey rinks located to the west and multi-purpose fields to the north, staff has included a condition in the attached resolution requiring that the applicant install privacy slats on the west and north sides of the chain-link enclosure to reduce visibility. The color of the slats should match the existing garage structure. 5. That the monopole be painted a non -contrasting color such as blue, gray, brown, or silver, or have a galvanized finish to reduce visual impact. The applicant has stated it is their intention to provide a galvanized finish for the monopole. However, the monopole is located close to a city park that has tall, brown light poles. File 2007049 Page 5 Consequently, staff has included a condition in the attached resolution that requires the applicant to paint the monopole brown to match the existing light poles. 6. CONCLUSIONS: The City Council must also review this conditional use permit request with the general standards listed in the ordinance. A copy of those standards is attached. Staff finds that with the conditions in the attached resolution, the proposal meets all the applicable general standards. Specifically, installation of the monopole 1) would be consistent with the Comprehensive Plan; 2) would not be detrimental to the public health, safety, morals or comfort; 3) would not be injurious to the use and enjoyment of other property in the area nor substantially. diminish or impair property values within the neighborhood; 4) would not impede the development or improvement of surrounding properties; and 5) would comply with the standards outlined in the Zoning Ordinance. 7. RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit for T -Mobile Central, LLC., subject to the conditions listed in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Minutes from the July 18, 2007 Planning Commission Meeting 2. Applicant's Narrative 3. Coverage Analysis Maps 4. Photos of the Site 5. Conditional Use Permit Standards 6. Location Map 7. Notification Area Map 8. Aerial Photo 9. Site Graphics 10. Resolution Approving. Conditional Use Permit Draft Planning Commission Minutes July 18, 2007 Page 3 B. T -MOBILE CENTRAL (2007049) Chair Holmes introduced the request by T -Mobile Central for a conditional use permit to allow installation of a 75 -foot monopole with telecommunications antennas at St. Mary of the Lake Church, 105 Forestview Lane N. Senior Planner Darling gave an overview of the July 10, 2007 staff report. Chair Holmes asked if there is an existing cell tower in that area now. Senior Planner Darling said there is one located within the right-of-way of Forestview Lane, but the pole is not strong enough or tall enough to support more antennas. Commissioner Aamoth asked what the difference is between this request and the request made earlier in the year. Senior Planner Darling said the requests are very similar and from the same cellular provider, but the earlier request was to replace an existing light pole with a monopole and re -attach the lights. This application would be for a monopole that is structurally designed for multiple carriers. Commissioner Aamoth asked if the same questions were asked of the applicant this time. Senior Planner Darling said they were. Chair Holmes said the previous application was closer to residential areas. Chair Holmes introduced the applicant, Kari Brown, from T -Mobile. Chair Holmes opened the public hearing. Chair Holmes introduced Julie Fenyk, 104 Park Lane South, Minnetonka, MN. She said they will be able to see the tower from their front yard and she is concerned about the aesthetics. She asked why it isn't being located in a business park nearby instead of a residential area. She inquired about who will receive the rental fee and if the community will benefit from the funds. She said the FCC does prohibit reviewing telecommunications applications using property value and health impacts as review criteria, but she has concerns with these issues. Commissioner Davis asked Ms. Fenylc to locate their home on the map, which she did. Mr. Todd Billadeau, 104 Park Lanes, Minnetonka, MN stated that if the tower is going to be approved, it should be constructed taller and located on the school/park property to capture the financial benefit from the proceeds. Chair Holmes closed the public hearing. Ms. Brown introduced Weng Carpid, also from T Mobile, who stated the tower could not be placed on the business properties to the north because it would be too far to serve the targeted area that has poor service today. Draft Planning Commission Minutes July 18, 2007 Page 4 Ms. Brown said the Church was willing to sign a lease. She also said property studies have been done in Minnesota and Wisconsin proving that installation of the monopole will not hurt property values, noting she has previously provided the City with copies of these studies. She also stated that she has information on the health impact of the antenna emissions and that they are similar to baby monitors and similar electronic devices. Planning Manager Senness said the FCC does not allow the City to regulate the emissions or review applications based on the health impacts. Chair Holmes asked if there had been any discussions with the school about placing it on their property. Ms. Brown said that T -Mobile had rejected the site because of the drop in elevation on the school property which would affect the height of the tower. She said she was not certain if the school district was approached. Mr. Billadeau asked why the tower cannot be raised 10'. Chair Holmes said it didn't sound like the school wanted to enter into the contract. Senior Planner Darling stated that the Wayzata School District does not typically encourage towers on their property as they are long-term encumbrances. Taxes are collected on the income generated from the tower lease. She also said there is a limitation in the zoning ordinance on the height of towers, so a monopole could not be proposed higher than 75 feet. MOTION by Commissioner Weir, seconded by Commissioner Jaffoni, to approve the request by T -Mobile Central for a conditional use permit to allow installation of a 75 -foot monopole with telecommunications antennas at St. Mary of the Lake Church, 105 Forestview Lane N. Roll Call Vote. 7 Ayes. MOTION approved unanimously. rM... ,•-•f•.3 ,sl F - " ~Y'4a^a p'+, ¢":"` i [ i —' May 9, 2007 City of Plymouth Planning Commission 3400 Plymouth Blvd Plymouth, MN 55447 Planning Commission: Re: T -Mobile Central LLC Conditional Use Permit Application to construct a communications facility ( including wireless antennae and equipment) at '105 Forestview Lane N., Plymouth, Minnesota, 55441 also known as St. Mary of the Lake Catholic Church My client, T -Mobile respectfully requests the granting of a conditional use permit to build a 75'monopole. Proposed Use The proposed communications facility will consist of a 75' above ground monopole and related equipment cabinets located West of the main church building behind the small storage garage. The monopole will be galvanized steel and will dull to a grey finish to blend in with the sky. Directional panel antennas will be attached at the top of the pole. T -Mobile is proposing to install equipment cabinets on a platform next to the pole behind the existing garage. The site is currently fenced with a chainlink fence, with 3 strands of barbwire. Access to the equipment will be acquired through existing drive surface and through a gate along the West side of the compound. Please refer to enclosed plans Exhibit B) for reference to the design of this site. Access to the equipment will be protected by a chain link fence and gate. This pole will not need to be lit. No advertising will be attached to pole. MAY f 42007 COMMIJNITY[i"EVcLl.i`:;:a'I GEPIIRTfy9 NT E E' Ell II rM... ,•-•f•.3 ,sl F - " ~Y'4a^a p'+, ¢":"` i [ i —' May 9, 2007 City of Plymouth Planning Commission 3400 Plymouth Blvd Plymouth, MN 55447 Planning Commission: Re: T -Mobile Central LLC Conditional Use Permit Application to construct a communications facility ( including wireless antennae and equipment) at '105 Forestview Lane N., Plymouth, Minnesota, 55441 also known as St. Mary of the Lake Catholic Church My client, T -Mobile respectfully requests the granting of a conditional use permit to build a 75'monopole. Proposed Use The proposed communications facility will consist of a 75' above ground monopole and related equipment cabinets located West of the main church building behind the small storage garage. The monopole will be galvanized steel and will dull to a grey finish to blend in with the sky. Directional panel antennas will be attached at the top of the pole. T -Mobile is proposing to install equipment cabinets on a platform next to the pole behind the existing garage. The site is currently fenced with a chainlink fence, with 3 strands of barbwire. Access to the equipment will be acquired through existing drive surface and through a gate along the West side of the compound. Please refer to enclosed plans Exhibit B) for reference to the design of this site. Access to the equipment will be protected by a chain link fence and gate. This pole will not need to be lit. No advertising will be attached to pole. MAY f 42007 COMMIJNITY[i"EVcLl.i`:;:a'I GEPIIRTfy9 NT E Purpose of the Proposed Use T -Mobile provides state-of-the-art digital wireless telecommunications service call Personal Communications Services (PCS) throughout the greater metropolitan area of Minneapolis and St. Paul, as throughout the United States. Development of T -Mobile's infrastructure began in 1996, and has continued to grow over the past several years. The proposed communications site represents improvement of coverage of the T -Mobile Central network in the Plymouth community and residential area. Site Selection Methodology Once T -Mobile Central engineers determine the general area in need of a new communications site, we begin our search for possible locations. This is first done by reviewing the local zoning code requirements and searching for suitable existing structures for collocation. In this case, no existing large power towers, water towers or other tall buildings existed near the proposed monopole site that could be considered feasible as a collocation site. Attached is a completed and signed conditional use permit application, ten copies of T - Mobile's site plans, radius search analysis, certified survey, related application documents and the appropriate application fee. We will be happy to present our plans at. the next planning meeting and to answer any questions or comments that the commission or general public may have regarding this proposed facility. Thank you for your attention to this matter. Please feel free to call me at 952-292-9337 with any questions or concerns. . ect ly su m' ed, Kari . Brown Site Acquisition Contractor Attachments: Exhibit A- Zoning Code findings Exhibit B- Site plan, survey and Elevation Drawings Exhibit C- copy of memorandum of lease with underlying property owner Exhibit D -T -Mobile FCC license information Exhibit E- Radio Frequency Engineer Site Analysis t 1. Compliance with, and effect upon the Plymouth Comprehensive Plan. This proposed use is in full compliance with the Plymouth Comprehensive Plan. 2.. The establishment, maintenance, or operation of this 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. This proposed use will enhance the welfare, health, and safety of the general public by allowing E-911 emergency calls.to residents in the area on their cell phones, and by allowing communications by the residents for any and all reasons. This use will have not effect on the morals of the residents. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. This proposed use will not diminish property values in the neighborhood and will not be injurious to the existing uses within the vicinity, it should enhance the usability of the parks due to the residents ability to reach individuals at play in the parks with cell phones they could be carrying. 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. This proposed use will not impede the development of the surrounding properties. Many individuals in the search for a new residence will check their cell phones to see if they can get coverage and will take this into account when purchasing a home. 5. Adequate measures have been or will be, taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in public streets. This proposed use is unmanned and thus will not cause traffic congestion in the public streets. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. This proposed use will conform to all other regulations applicable under this district. 7. Zoning Code findings 21015.04 General Performance Standards: As may be applicable, the evaluation of any proposed conditional use permit request shall be subject to and include, but not limited to the following general performance standards and criteria: Subd. 1. the use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be -generated. This proposed site, once constructed will be visited on an average of bi-monthly for servicing. The access road to the site will be by way of Forestview Lane through the existing driveway to the site. This proposed site will not create a hardship on the volume or type of traffic that could be accommodated by Forestview Lane. Subd. 2. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with Section 21135 of this Chapter. . The site design is in compliant with Section 21135 as no traffic conflict should be present. Subd. 3. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. Servicing of this site will be typically conducted in non peak useage hours. Subd. 4. Adequate off-street parking and off-street loading shall be provided in compliance with Section 21135 of this Chapter. This proposed site will be unmanned, so constant traffic or parking will not be an issue. There is adequate parking provided in the plans. Please see reference Exhibit B. Subd. 5. Loading docks and drive -up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impact on any "adjacent" residential use or district, and are in compliance with Section 21135 of this Chapter. This proposed site will offer no visual or noise impact to residential district. Subd.6. Whenever a non-residential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with Section 21130 of this Chapter. This proposed use will be screenedfrom view by the distance from the residential districts, and by the existing buildings to the North, East and West of the equipment, there is also fully grown trees to help with the screening to the North and South. Subd. 7. General site screening and landscaping shall be provided in compliance with Section 21130 of this Chapter. T -Mobile will work very closely with the City ofPlymouth to meet all screening and landscaping that would be required at this site. Subd. 8. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right -of way or neighboring residential uses or districts, and shall be in compliance with Section 21105 of this Chapter. There will be no lighting added to this pole. Subd. 9. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to insure compliance with Section 21105 of this Chapter. This proposed use will not increase the noise levels of this area. Subd. 10. The site drainage system shall be subject to the review and approval of the city. This proposed use will conform to all city building and permitting processes by filing for the appropriate permitting process. Subd. 11. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause impairment of property values or a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated harmonious exterior finish materials and treatment. This proposed use has been designed to blend with the existing and surrounding uses: Subd. 12. Provisions shall be made for an interior location for recycling and trash handling and storage or an outdoor, enclosed receptable area shall be provided in compliance with Section 21105 of this Chapter. This proposed use will not generate any trash due to the site is unmanned. Subd. 13. All signs and informational or visual communication devises shall be in compliance with Section 21155 of this Chapter. This proposed use will have no signage other than that required by FCC regulations and Safety requirements. Subd. 14. The use and site shall be in compliance with any federal or state laws or regulations which are applicable and any related permits are obtained and documented to the City. This proposed use will conform to all city building and permitting processes by filing for the appropriate permitting process. Subd. 15. any applicable business licenses mandated by City Code are approved and obtained. This proposed use will conform to all city building and permitting processes by filing for the appropriate permitting process and required licenses. Please see also FCC license Exhibit D). Subd. 16. The hours of operation may be restricted when there is potential negative impact upon a residential use or district. This proposed use is unmanned, any and all maintenance will not impact the residential district surrounding the area. Subd. 17. the use complies with all applicable performance standards of the zoning district in which it is located. This property was specifically pinpointed to meet the performance standards of the underlying zoning district as the best and most appropriate for this use in the required search area. June 1, 2007 City of Plymouth Planning Department 3400 Plymouth Blvd Plymouth, MN 55447 Attn: Marie Darling Re: collocation to. be allowed on proposed T -Mobile 75' monopole at 105 Forestview Lane To Whom It May Concern: T -Mobile will structurally design this tower to allow for one additional carrier of "like loading" to be available for lease to other providers. The provider must agree to reasonable lease provisions. Sincerely, Hossein Sepehr Director of Engineering and Operations T -Mobile Memorandum To: Kari Brown; Real Estate and Zoning, T -Mobile USA CC: Alan Roberts, RF Engineering Manager, T -Mobile USA From: Rowena Carpio, RF Engineer, T -Mobile USA Date: 05/30/2007 Re: A100112 Proposed Site Location I am the Radio Frequency Engineer assigned to design and analyze the coverage needs in the Minnetonka Area. With the growth in telecommunication, the need for coverage has grown too. Most of our customers are demanding better in-house/in-building coverage. Our drive data & coverage analysis revealed need for improvement in residential area along Sunset Trail N, Ridgemount Ave W, Pineview Lane N and Zachary Lane N. In selecting the possible candidates, we attempt to select a location that minimizes or limits any negative visual impacts on adjacent or nearby residential areas to the greatest extent possible. That is why, rooftops, existing towers and light pole applications are favored and selected when they meet technical requirements. But in some cases, these existing structures won't meet or pass because they don't meet our coverage requirements. For this case, the existing light pole along Forestview Ln cor. Ridgemount Avenue where Sprint is on is not going to work for us due to the following reasons: 1. The existing light pole is too short and if we are to co -locate with them, or antennas should be below their .existing antennas. 2. The existing structure is not co -locatable, adding more antennas wouldn't work. As per other existing light poles in the area, they are not structurally capable of holding our antennas and are also too short for the height that we need. With regards to the existing rooftop just north of St. Mary's Park (Honeywell Building and Fourth Baptist Church), it won't meet our, required height which is @ 75'. Please let me know if you have other questions. Exhibit E Radio Freauen& Engineer Site Analvsis T -Mobile Project No.: A10112W Project Name: St. Mary of the Lake Project Description: Install acid operate a 75.' monopole Location: 105 Forestview Ln N., Plymouth, MN Date: 04/23/07 T -Mobile Site Selection Overview Wireless systems are expanded or introduced in a given area to improve service to customers. There are typically three reasons to add a new facility: extending the coverage to new areas, increasing the capacity of the system within the current service area, or improving quality. Some sites do all three. Coverage: Coverage can be defined as having a certain level of signal strength in a particular area. T -Mobile's target is to provide —76dBm of signal strength to our customers in all areas. This level of coverage guarantees reliable signal strength inside buildings to provide excellent voice quality in residential neighborhoods and commercial areas. In today's competitive marketplace, T -Mobile requires adequate coverage to be competitive and to fulfill our responsibilities under our FCC license. Existing and proposed coverage is demonstrated by use of propagation maps and drive test data. The propagation maps are computer simulations of wireless signal coverage in a given area. One map shows the predicted coverage as it exists without the proposed facility. The other map shows predicted coverage with the proposed facility in place. Drive test data consists of actual wireless signal strength documented in the field by driving through the coverage objective with measurement equipment. Drive test data consists of signal strength measurements collected in the field by driving through the area (coverage objective) which are simultaneously geo-coded with GPS positioning equipment. The data collected can then is printed out on maps the showing coverage throughout the proposed area: Typically, the data collected is aligned with the roads and arterials in the area. Capacity: Capacity is the maximum number of calls that can be handled by a specific site. When we make phone calls, our mobile phones communicate with a nearby site which then connects the caller to land based phone lines or other mobile phones via a T -Mobile switching center. Phone calls occupy very finite radio resources of the serving site. Each site is only able to handle only a limited number of calls. This is in part determined by the number of antennas deployed at the site. When a site is processing its maximum number of calls, the available radio frequency RF) channels assigned to that site are used up. When this occurs, the wireless phone user will hear a busy signal on his or her phone. The call volume normally referred to as traffic) of all sites is continuously monitored and analyzed so that overloading (normally referred to as congestion) of sites is prevented. Careful projection allows sufficient lead time to design, permit, and construct the wireless facility prior to exceeding the capacity of surrounding sites. Capacity cell sites are typically required in areas that currently have sufficient coverage. The objective for a capacity site is to handle increased call volume rather than increase the size of a coverage area. Interference: In areas with good coverage, phone calls may still have poor quality which the caller hears as warbled (garbled) voice or in the worst case scenario, experiences a temporary loss of communication. This is often caused by interference. Wireless telephone systems reuse specific radio frequencies at different cell site locations. When frequencies are reused at nearby sites, interference may result. Engineers work to achieve the most efficient use of limited frequency resources and reduce interference. Each mobile carrier (i.e. T -Mobile) is licensed by the FCC to use a very limited amount of spectrum (radio frequencies). This requires the carrier to re -use these frequencies many times over in their Network. Unfortunately, there are still areas where interference is nearly unavoidable. This typically occurs in areas where the coverage from one site is overlapping the coverage of other sites and where this coverage cannot be contained. This can lead to dropped calls, poor audio and is spectrally inefficient (i.e. we are not able to reuse the available frequencies). On a freeway or busy roadway, for example, the network moves the call between different sites, always trying to keep the caller (and the phone) connected to the best site. This ensures good call quality and minimizes the probability of dropping a call. When this overlap occurs, the solution is often to locate a new site as close to the location where the bad handoff or dropped call is occurring. Interference is documented by measuring received call quality (RxQual) during a drive test similar to that performed to measure coverage. RxQual is a measurement of the bit errors on the radio link as the result of interference between adjacent cell sites using the same radio frequencies 2 Site Selection Process for this Location For this project, a coverage gap was determined to exist along Sunset Trail N, Magnolia Ln N and Ridgemount Ave W bordered generally Olson Memorial Hwy to the north, I-394 to the south, Hwy 169 to the east and I-494 to the to the west. This determination was a result of Network drive test data collected periodically by T - Mobile. All areas with marginal to no coverage, with respect to outdoor phone usage were identified. There is a high probability that a phone would not work inside of a building and or within a house. This is a primarily a residential area i.e. where in - building coverage is very important. Terrain data within the service area is entered into a computer modeling program along with a series of variables, such as proposed antenna height, available radio frequencies and wireless equipment characteristics. From this information the T -Mobile's RF engineers determined an area for the optimum location and height of the Wireless Communication Facility (WCF) antenna to maximize the coverage objective. To provide coverage in that area, it is necessary to locate a facility within the area bounded by Ridegemount Ave. W and Sunset Trail N. The specific location (or position) of the proposed site has been selected to maximize coverage while minimizing the antenna height requirement. Significant deviation from this location will result in reduced effectiveness, including possible invalidation of the site candidate altogether. The required antenna height is the minimum acceptable to provide the needed coverage with respect to that from neighboring cell sites. Lower antenna height will result in reduced effectiveness, again including possible invalidation of the candidate. In some cases, an increased antenna height is possible which can allow some greater flexibility in location placement. However, too much antenna height is unacceptable as it creates interference conditions that degrade performance of one or more other existing cell sites in the T -Mobile network. When this technical analysis was completed, a search area map and other requirements were provided to T -Mobile's real estate and zoning specialists. With this information in hand, T -Mobile ranked potential sites. Whenever feasible, T -Mobile strives to acquire property that is properly zoned and adjacent to compatible land uses. T -Mobile attempts to select a location that minimizes or limits any negative visual impacts on adjacent or nearby residential areas to the greatest extent possible. Sites adjacent to existing tall power lines, antenna facilities, water treatment facilities, and on the tops of buildings are selected when they meet the other technical requirements of the system. New, freestanding towers are avoided as are locations adjacent to schools, preschools and view corridors or where demolition is required that would be detrimental to the existing character of the neighborhood. Rooftop and utility pole applications are favored where the design can be screened or incorporated into the existing structure and mechanical equipment can be placed out of view. After viewing the area, the candidates considered for location, included: 3 1. Lightpole (Ridgemount Park) along 12000 Ridgemount Ave. - the existing pole is too short and not feasible for co -location. Eliminated from consideration are sites where zoning ordinances prohibit the location, insufficient room for mechanical equipment is available, required setbacks cannot be achieved or landowners are not interested in leasing property. Two coverage plots are attached. The -first demonstrates the existing level of service. The second plot demonstrates the service that will be provided by the new location at a height of 75' feet. A height below 75' will not provide the requisite coverage in the residential areas along Ridgemount Ave and Sunset Trail N. due to the tall trees surrounding the area It would be difficult at this height to overlap sufficiently with the coverage from adjacent sites i.e. meet the requirements for seamless coverage. The colors on the map indicate the different levels of coverage. The legend of the prediction plot shows several different classes of best servers. The various colors of the plot indicate where a T -mobile handset can be reliably used to make and receive telephone calls in the presence of varying receive signals. The terrain, foliage, nearby structures, and WCF location are taken into account. The further the distance from the WCF, or the more abundant the clutter (trees, buildings, etc.) between the WCF and the handset, the weaker the receive signal will be. The following is a short explanation of each server class/ color: Green: Indoor coverage represented by receive signals equal to or greater than 76 dBm Yellow: In -Vehicle and outdoor coverage are represented by receive signals greater than or equal to -84 dBm. Gray: Outdoor coverage or unreliable coverage The various parameters of the model used include terrain and clutter and are modified to more accurately reflect the actual terrain and topography effects of the specific location on the radio coverage predictions. Other factors, not represented on the plot, include the ability of the site to handle the required call capacity or volume of calls and to provide the extent of data and other services required by T -Mobile customers. This site has been designed to provide coverage consistent with these factors. Finally, T -Mobile RF engineers have determined that this height and location is necessary for the effective functioning of the minor communication utility. Conclusion rd T -Mobile engineers have carefully designed this site to maximize quality of service to our customers, which can best be accomplished at a height of 75'. This location was also selected because of its position relative to existing sites, providing favorable site geometry for federally mandated E911 location accuracy requirements and efficient frequency reuse. Good site geometry is needed to achieve accurate location of mobile users through triangulation with existing and proposed sites. RELATED INFORMATION About T -Mobile's Wireless Network T -Mobile operates the largest all digital, nationwide wireless network based on the globally dominant GSM (Global System for Mobile Communications) technology. T - Mobile's entire network has been enhanced to provide customers wireless Internet access and operates the largest carrier owned "Wi-Fi" wireless broadband network in the world with service in over 5000 public locations under the name T -Mobile HotSpot" Overview of Wireless Technology Wireless service operates through cellular radio telephone networks, which are comprised of thousands of cell antenna sites, switching facilities and other network elements. All cell antenna sites are radio frequency (RF) transmission towers operating at different frequencies. Each wireless carrier is assigned a very limited amount of frequency, which is divided into certain number of RF channels. RF Channels are assigned to each of the cell sites for communication with our handheld wireless phones. Since the number of channels is very limited, they have to be reused at different cell sites. The problem with reusing RF channels is the potential for interference. When a cell site is using the same RF channel as another cell site nearby this can cause interference. Sometimes when you use a cell phone you may hear a metallic sound or wobbling. This is probably caused by interference. In order to minimize the interference from one site to another site that are using the same RF channel, all cell sites transmit at very low power level. The output of the wireless antenna sites is typically about 20 Watts. The RF emissions from a wireless antenna site are very minimal compared to the output power of other RF equipment. For example, TV antenna towers power output is in excess of 1000 Watts. Due to the low-level power output of wireless antennas, each cell site covers only a very limited area. In order to provide consistent, homogenous, quality wireless service, cell antenna sites is normally less than one mile apart. The exact distance required between cell antenna sites is determined by terrain, blockage from structures, call volume and antenna height. 5 How does a wireless antenna work and what is its function? Wireless antennas send and receive radio signals. The RF carries the phone call to or from a wireless base station antenna that then connects your phone with the phone you are .calling or with the phone calling you. Engineers carefully design each antenna to make sure it sends signals in precisely the right direction and at the right power level to provide the best calling quality to its coverage zone or "cell area." It is important to note the difference between antennas, towers and base stations. Antennas transmit the RF and are attached to structures such as buildings or towers. The antennas, towers and all of the related equipment make up a cell site. Cells, or coverage areas, come in,all sizes — they may be as small as a single building like an airport or an arena), as large as a rural area of 20 miles across, or any size in between — and each cell has its own base station. When you place a wireless call, your phone uses low-power radio signals to send your voice to an antenna at a base station. The base station sends your call to a switching center where it is connected to the landline phone network and delivered to the phone you called. If you are calling another wireless phone nearby, the switch might just connect you directly to another base station in the cell where the other phone is located. When you approach the boundary of one cell while using your wireless phone, the wireless network senses that the signal is becoming weak and automatically hands off the call to a base station in the next cell and your call continues uninterrupted. An antenna distributes radio waves throughout its cell much like a lamp distributes light throughout a room. A light bulb can provide light evenly throughout a room if it's located in the right place. In the same way, a properly located antenna can provide high- quality calling throughout its cell. That's why they're usually found above the ground on towers, poles, and buildings. Apart from improving service to T -Mobile's existing customer base, T -Mobile has experienced phenomenal growth in the last few years, with an average national customer growth rate of almost 40% per year. It is not unusual for T -Mobile to add more than a million nationwide customers per quarter. T -Mobile forecasts this phenomenal growth to continue. T -Mobile's system design accounts for this predicted growth. I hope this information is useful to the City's permitting authorities. If there are any questions regarding the RF data provided in this report, please call. I may be reached at (952)-833-4050. Sincerely, Rowena Carpio RF Engineer C7 rs F F.' " d r' kh i im Existing Coverage without Al O0112 ROIACKS00" I I D S E E iI da*xPc 2FiFjuL 2007 1 X"'l--E 91b CIT O "r1i'mo I COMlnUHEY DFV'l.OPEN i DEPART HENT11- RROPNIE iRxns Inst - - j 7 t ..i if-? r • 1 F / 111 1 p n 1yb 1 :„ F ! ; ft f " E S I 1" 1 l!t i ` ! •!' dwwOf s<Nrtm' Ge[uErif Iu 111 u' 1 - PRO— E S 9Y I d f ) 53 l'/Y...[ ! 1 {- ) IIl I E F,iu/ 911 t 1Vt c 1 I C 91 J 9M1y51 Da I I ! I I M1h\ . as.9M15 - 9 916 916 - -"._--? //' w a I • 6 I is m 9161 91h .. 926 drsnrk m Em i j WLE ,z'-o-.P.oE Ess.s'urrlmEAsafM i I I / M1y9 { 1`r _ 91 j Z 9 r fi 9tr 1: j'9M1yI 1 91.E fl16.. - .*169 .. b1t y !• 9I11 / , i I 9166 y 91 . t I: b• 1y ! 916. ._.•'\ S y 116 1 y -~ 16 1 9 Y 9` SITE PLAN a' re zz- 6. PLYMOUTH-ST. MARY OF THE LAKE oradk. .1 Ei5. o.°aoaP n o s a vrt orsou In Ienmau seie a ia A10,112 spUar rsrv[o E6R. coxsaucnods Mobile,- xnUWI'Ei1IOxEEOP rxEiR Roso. R R WapE 6/E]/0) SITE PLAN 105 FORESTWLAN E NORTHx.niPT wuamx m.[xlism ,n-d Eu. PLYMOUTHMINNESOTA a rtrvwuA10112-c1 R1 mRxev MINNEAPOLIS MARKET g 41" zIll, j X ll'N - 'N X" , N -.y 4 h i^y{,,, :`i., 'C:.t,E 'fi ' h ', t/Siy,-s't.i n f:. ,A : y 1'.. .i I `4'R }. vl In UO Mr skill J0'1 I DIV Z kVA Ill I 10 10 98181 A 10 199 0 Ill 0.4 1: 0 DITIVIAND Q Al 7 rook, M skill J0'1 I DIV Z kVA Ill I 10 10 98181 A 10 199 0 Ill 0.4 1: 0 DITIVIAND ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty60) days unless this limitation is waived by the applicant. . Subd.5. The Planning Commission shall consider possible adverse effectsoftheproposedconditionaluse. Its judgment shall be based upon (but notlimitedto) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, includingpublicfacilitiesandcapitalimprovementplans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3'. The conditional use will not be injurious to the use and enjoyment of other property in the. immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values withintheneighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for usespermittedinthedistrict. 5. Adequate public facilities and services are available or can be reasonablyprovidedtoaccommodatetheusewhichisproposed. 6. The conditional use shall, in all other respects, conform to the 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) i 5 . . . . . . . . . . . . . . . . N A LA -1 .... ...... .. I ... SUNSET TR U) w. w p. U) Ui . . . .. . . . . . . . . . O ... ............ LA -1 LA -1 ....... .. 7-7-7-7= MMw0rdo W4MI001110 - ... ... ... ... ... ... ... ... . W101 Ply no Location Map - 2007049 T -Mobile St. Maty of the Lake Monopole 105 Forestview Lane North Request for a Conditional Use Permit Ft) City Of Plymouth, Minnesota ka jBoondory Legend MC, Comercial TM CC, City Center FMCO, Commercial Office IP, Planned Industrial LA -1, Living Areal LA -2, Living Area 2 LA -3, Living Area E LA -4, Living Area 4 LAR, Living Area Rural P-1, Public/Semi- Public/institutional 500 250 0 500 1,000 1,500 2,000 Feet f t: r .'y, M.-. rx's j. t" i a .r `"D v°r_Q.-if r• j7 ' Y s f < S t N ESS D!..." +I r Jmsr Y tti 6, •aJ -J .k•.rf. `5tr1rX:. a; F3 . ry.7'S S r d.UM v s s >•. s'w.,.?rf w, xXi f arcR xc_"..,?, : M `+ x.$' `S e'y '+ ` x § j r..- ._ty. . i ` r., ,e S r did, m f MAJ 1?(' s' 3,•.f , .i''' „ a:. _...r_ a sh q' ,r Jtihy q.. •al14 -4 Z. °F. •kS 3rr do yyn- ry .' d V'ff 'r I ". 1 r- 7" - r i r '4 r - trY '• 4 r .u3 ASCAr E"r. ff.. -v WF r ' ,.iSF.n4: ' • ., J1 a sa,..• , aaa`tw` 7'.w siq-• h i''S.' 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POPPOSEPmxEProTWNwdirMs D D 105 FURESTVIEW LANE NORTH PLYMOUTH• MINNESOTA MINNEAPOLIS MARKETNONE SeBERA10112E1Ri xs o w o W a CITY OF PLYMOUTH RESOLUTION 2007 - APPROVING A CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A 75 -FOOT MONOPOLE WITH TELECOMMUNICATION ANTENNAS AND RELATED EQUIPMENT FOR T -MOBILE CENTRAL, LLC. AT 105 FORESTVIEW LANE (2007049) WHEREAS, T -Mobile Central, LLC. has requested approval of a conditional use permit for a 75 -foot monopole tower to be located on the following described property: That part of the West One-half (W %) of the Southeast One-quarter (SE 1/4) lying West of Sunrise Acres and South of the center line of County Highway #15 as now laid out and established, except that part thereof used for highway purposes; and the East Thirty-three feet of the Northeast One-quarter (NE 1/4) of the Northeast One-quarter (NE 1/4) of the Southwest One-quarter (SW 1/4) lying South of the center line of County Highway #15, except that part thereof used for highway purposes all being in the Section 35, Township 118, North Range 22, County of Hennepin, State of Minnesota. And Being the same property conveyed to Saint Mary of the Lake Church from L.Z. Carlson, Inc. by Deed July 3, 1958 and recorded July 17, 1958 in Instrument number 312684.. 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 T -Mobile Central, LLC. for a conditional use permit at 105 Forestview Lane, subject to the following conditions: 1. A conditional use permit is approved to allow a 75 -foot monopole tower with antennas and the related equipment, as shown on the application and plans received Resolution 2007- 2007049) Page 2 by the City on May 14, June 7 and 11, and July 2, 2007, except as may be amended by this resolution. 2. The project requires a separate building permit prior to installation of the tower and equipment. The installation of the fence shall also require a building permit. 3. Prior to issuance of a building permit, the applicant shall revise the plans or submit the required information, as follows: a. Specify the pole is to be painted to match the brown light poles in the adjacent park. b. Specify that privacy slats the same color as the storage building are to be installed in the West and north sides of the fence enclosure. c. Submit a structural analysis certified by a licensed structural engineer that demonstrates that the monopole and foundation would support both the applicant's antennas and antennas for an additional telecommunication provider. 4. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 5. The conditional use permit shall expire one year from the date of approval, unless the project is substantially completed or -an extension is applied for and granted, as regulated under Sections 21015.07 of the Zoning Ordinance. ADOPTED by the City Council on August 14, 2007. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed 'City Cleric of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on August 14, 2007 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 Agenda Number 6E , CITY OF PLYMOUTH' CITY, COUNCIL AGENDA REPORT, TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Shawn Drill, Senior Planner (509-5456) through Barbara Senness, Planning Manager SUBJECT: City of Plymouth. Zoning text amendment to clarify the regulations regarding day care facilities (2007057) DATE: August 3, 2007 for City Council Meeting on August 14, 2007 1. PROPOSED MOTION: Move to adopt the following attached items, as recommended by the Planning Commission: a) an ordinance amending the text of the Zoning Ordinance to clarify the regulations for day care facilities; and b) a resolution approving findings of fact for the Zoning Ordinance text amendment. Approval of an ordinance amending the text of the Zoning Ordinance and a resolution approving findings of fact requires a 4/7 vote of the City Council. 2. BACKGROUND: Minnesota State Statute specifies that licensed day care facilities serving 14 or fewer persons are considered a "permitted" accessory use of a residential dwelling unit—and local jurisdictions have no regulatory authority over such facilities. Section 21150 of the Zoning Ordinance provides regulations for state licensed day care facilities that are not defined as "permitted" uses under state law. Staff recently discovered that portions of Section 21150 could potentially result in more than one interpretation of how the regulations are to be applied. The proposed text amendment would clarify the regulations and eliminate potential conflicts between that section and the remainder of the Zoning Ordinance. Text to be added to the ordinance is underlined and text to be deleted is steii. File 2007057 Page 2 3. PLANNING COMMISSION HEARING: On July 18, 2007, the Planning Commission conducted the public hearing on this matter, and subsequently voted unanimously to recommend its approval. No one from the public wished to speak on the matter. 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. 4. ANALYSIS: The current language in Section 21150 states "Day care facilities shall be allowed by conditional use permit within all RSF, RMF and commercial and industrial zoning districts of the City..." Under the proposed amendment, that language would be deleted because not all day cares require a conditional use permit. Day cares are allowed in the residential districts as either a "permitted" accessory use (pursuant to state law), or as an accessory use to a non-residential use (e.g., religious institution) by conditional use permit. Day cares are allowed in the commercial districts as a principal use with a conditional use permit, and are allowed in the industrial districts as an accessory use with a conditional use permit. Under the amendment, the regulations would be changed to clarify that.the general provisions of Section 21150 apply only to day care facilities that are required to obtain a conditional use permit, as specified by the respective zoning districts. In addition to the proposed changes to Section 21150, the amendment would include a minor change to Section 21355 to specify that day care facilities located in structures other than single- family dwellings (e.g., schools or churches) in the RSF-1, Single Family Detached 1 District, are allowed by conditional use permit only as an accessory use (not as a principal use). The City Attorney has reviewed the proposed amendment and finds that it would clarify the City's regulations regarding day care facilities. 5. RECOMMENDATION: Community Development Department staff recommends approval of the following attached items, as recommended by the Planning Commission: a) an ordinance amending the text of the Zoning Ordinance to clarify the regulations for day care facilities; and b) a resolution approving findings of fact for the Zoning Ordinance text amendment. ATTACHMENTS: 1. Planning Commission Minutes 2. Ordinance Amending Zoning Ordinance Text 3. Resolution Approving Findings of Fact PLAN/STAFFREP/CC/2007/200705 7-ZOTA-day-care-CUPs-CC. doc Draft Planning Commission Minutes July 18, 2007 Page 5 C. CITY OF PLYMOUTH (2007057) Chair Holmes introduced the request by the City of Plymouth for a zoning text amendment to clarify the regulations regarding day care facilities. Senior Planner Drill gave an overview of the July 10, 2007 staff report. Commissioner Davis asked if the draft ordinance has been approved by the City's legal counsel. Senior Planner Drill said the draft language was reviewed by the City Attorney. He said that the City Attorney suggested a few edits which are, reflected in the draft ordinance. He said the City Attorney concurs with the draft ordinance as proposed. Commissioner Weir asked why reference to the Planning Commission was eliminated under the Declaration of Conditions. Senior Planner Drill stated that the reference is proposed to be eliminated because the Planning Commission is a recommending body, and the City Council actually imposes the conditions when they adopt a resolution. Commissioner Davis asked if there was a specific need to amend the ordinance at this time. Senior Planner Drill said there was an inquiry about daycares that brought this discrepancy into light. Planning Manager Senness stated that the City attorney suggested revising the ordinance at this time. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Weir, seconded by Commissioner Davis, to approve the request by the City of Plymouth for a zoning text amendment to clarify the regulations regarding day care facilities. Roll Call Vote. 7 Ayes. MOTION approved unanimously. CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2007-_ AN ORDINANCE AMENDING THE TEXT OF CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2007057) THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendments. The text of Chapter 21 of the Plymouth City Code is hereby amended as follows: A. SECTION 21150 (DAY CARE FACILITIES) IS HEREBY AMENDED AS FOLLOWS: SECTION 21150 - DAY CARE FACILITIES 21150.01. PURPOSE: The fegnalation of day-eafe f ""'+'e"'" purpose of this section is to establish standards and procedures maunder which day care facilities can be conducted within the City without jeopardizing the health, safety and general welfare of the day care participants and/or the surrounding neighborhood. This section establishes the City's minimum requirements for the establishment and operation of a -state licensed day care facilityies which are not defined as permitted uses by State Statute, 1 ' i + a 'other-gian single f Day ear -e faeilities ether- than these defiaed as peRiii#ed uses by Sta e Statutes whieh epei:ate in a 21150.02. APPLICATION: Day care facilities shall -be -that are allowed by conditional use permit by this Chapter shall be subject to the general provisions of this section and to the regulations and requirements e -set forth in Section 21015 of this Chapter. In addition -+e the City Feg-d atien, all day care facility operations shall comply with the minimum requirements of the Minnesota Department of Human Services, as may be amended. 1) 21150.03. DECLARATION OF CONDITIONS: The Planning r,,,,.,missio and City Council may impose such conditions on the granting of a day care facility conditional use permit as may be necessary to carry out the purpose and provisions of this section. 21150.04. GENERAL PROVISIONS: Day care facilities sha4l be a4lowed as " pr-inei4 eE that are allowable by conditional use permit shall meet the following applicable ggagal provisions of this seeti Subd. 1. Lot Requirements and Setbacks. The proposed site for a day care facility as a principal use shall have a minimum lot area as set forth in the respective zoning district. The City Council may increase the required lot area in those cases where such an increase is considered necessary to ensure compatibility of activities and maintain the public health, safety and general welfare. The day care facility shall meet the setback requirements of the respective zoning district. Subd. 2. Sewer and Water. All day care facilities shall have access to municipal sewer and water or have adequate private sewer and water to protect the health and safety of all persons who occupy the facility. Subd. 3. Buffering. Unless exempted by the Zoning Administrator, where an outdoor play area of a day care facility abuts any commercial or industrial use or zone, or public right-of-way, the day care facility shall provide screening along the shared boundary of such uses, zones, or public rights-of-way. All of the required fencing and screening shall comply with the. fencing and screening requirements of Section 21130.03 of this Chapter. Subd. 4. Parking. a) There shall be adequate off-street parking which shall be located separately from any outdoor play area and shall be in compliance with Section 21135 of this Chapter. Parking areas shall be screened from view of surrounding and adjoining residential uses in compliance with Section 21130 of this Chapter. b) When a day care facility is an accessory use within a structure containing another principal use, parking for each use shall be calculated separately for determining the total off-street parking spaces required. An exception to this requirement may be granted by the Zoning Administrator in instances where no increase in off-street parking demand will result. Subd. 5. Off -Street Loading. Off-street loading space in compliance with Section 21135 of this Chapter shall be provided. Subd. 6. Signage. All signing and informational or visual communication devices shall be in compliance with Section 21155 of this Chapter. 2) Subd. 7. Compliance with State Requirements. The structure and operation shall be in compliance with State of Minnesota Department of Human Services regulations and shall be licensed accordingly., Amended by Ord. No. 2000-06, 02/29/00) 21150.05. INSPECTION: The City hereby reserves the right upon issuing any day care facility conditional use permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed. Amended by Ord. No. 2007-05, 01/23/07) B. SECTION 21355.07 (RSF-1, SINGLE FAMILY DETACHED DWELLING DISTRICT 1—CONDITIONAL USES), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS: Subd. 4. Day care facilities not within a residential dwelling, as a ,.,,.;neipal ^r -an accessory use provided that: a) The use complies with the provisions of Section 21150 of this Chapter. Amended by Ord. No. 2001-06, 02/13/01) SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council on August 14, 2007. ATTEST: Sandra R. Engdahl, City Clerk 3 ) Kelli Slavik, Mayor CITY OF PLYMOUTH RESOLUTION 2007 - APPROVING FINDINGS OF FACT FOR A ZONING ORDINANCE TEXT AMENDMENT TO CLARIFY THE REGULATIONS REGARDING DAY CARE FACILITIES (2007057) WHEREAS, the City of Plymouth has initiated an amendment to clarify the regulations pertaining to state licensed day care facilities that are not defined as "permitted" uses under state law; and WHEREAS, the Planning Commission has reviewed the proposed text amendment 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 a Zoning Ordinance text amendment, based upon the following findings: 1. The proposed amendment would be consistent with the City's Comprehensive Plan, and with the City's ordinances and policies. 2. The proposed amendment would clarify the City's regulations regarding day care facilities. ADOPTED by the City Council on August 14, 2007. 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 August 14, 2007 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk PLAN/STAFFREP/RES/2007/2007057-ZFF-day-cares. doc Agenda Number: 6, TO: Laurie Ahrens, City Manager FROM: Jean McGann, Administrative Services Director SUBJECT: Information Technology Budget Amendment DATE: August 8, 2007 for City Council meeting on August 14, 2007 1. PROPOSED ACTION: Adopt resolution amending the 2007 Information Technology Budget. 2. BACKGROUND: As part of the 2007 — 2011 Capital Improvement Discussion, staff indicated that it would be necessary to request a budget amendment for the Information Technology division budget during 2007. This amendment was anticipated due to the reorganization of this division. At this time the infrastructure and operational costs of this division have been analyzed and staff is requesting a budget amendment due to the outcomes of this analysis. 3. DISCUSSION: As part of the Information Technology reorganization in 2007, staff has done a complete analysis of the current infrastructure and operational costs. As part of this analysis, current and future hardware and software conversions were considered. In order to address areas of concern, staff is proposing an amendment to the 2007 budget to replace the data storage system that is past its' useful life, implement a document management software system for managing all electronic documents, and reduce the number of servers it takes to operate the existing and future software applications. A memo from Greg Krause, IS Manager, outlining each of the three areas of concern is attached for your review. In summary, this budget amendment would accomplish the following objectives; Data storage system — the current data storage system is past its useful life and poses security issues relative to data backups as well as data retrieval. This system is expensive to maintain, both in maintenance fees and staff time. Document Management — At this time documents are managed by individual departments and it is not possible to retrieve a document produced by another department without the assistance of the Information Technology staff. Documents are stored across 38 network services, and the cost of maintaining this is high. Network Server consolidation — The key component to these three areas of concern is the ability to reduce the number of servers. The practice in place today is to acquire another server each time a new software application is implemented. There are currently 38 production servers, by implementing a product called VMware, the number of servers will be reduced to 22 at the onset of implementation. The ultimate goal is to reduce the number of servers to 15 by redeploying existing servers over the next 2 years. 4. Budget Impact: The overall cost of this project is $194,834. The project can be broken down into the following components. Description Data Storage System Document Management Vmware Server (1) Vmware Software Total Annual Cost Maintenance 77,104 $ 10,000 89,636 10,000 7,767 2,500 20,327 194,834 $ 22,500 Funding for this project would be from the Information Technology Fund reserves. All components of this project would be purchased off the state contract. On August 8, 2007 the City received proposals for the new financial software. Staff anticipates requesting Council approval for this purchase in September of this year. By proceeding with the requested Information Technology budget amendment, the City will be in a better position to implement the new software, and it will not be necessary to acquire as much additional hardware for this implementation. In addition, as the numbers of servers are reduced, operational costs will decrease. 5. RECOMMENDATION: Council adopts the attached Resolution authorizing an amendment to the Information Technology Budget for the acquisition of a data storage/document management system. Attachments: Memo from Greg Krause, IS Manager Resolution IT Department Memo To: Jean McGann From: Greg Krause Date: January 18, 2007 Re: Date Management Project This project will address three major technology areas: replacing the end -of -life data storage system, document management software for managing all of the cities electronically generated documents including email, email attachments, and future planned imaging documents. Lastly, VMware will be deployed to consolidate network servers reducing associated annual hardware and software maintenance. cost. Data Storage System (SAN) The production data storage system in place today was purchased in 1999. The manufacturer, EMC has discontinued support which has pushed the cost of hardware maintenance to over thousand dollars a month. This is very costly by today's standards. The IT department can not provide day-to-day support because of specialized software programming needs. , Disaster Recovery In conjunction VMware the new data storage system, will allow the virtual servers will be stored in a folder. If the supporting server hardware fails, the virtual server can be restored from a folder in a matter of 15 minutes. Today the recovery process will take 8-12 hours. Other Benefits include: 1) Automatic archive of old inactive documents 2) Quick server failure, and data recovery 3) Software patches and application testing can be complete prior to switching into production. Document Management Currently documents are stored across 38 network servers; each one has a small data store serving a single purpose. This decentralized data store is very costly and requires many hours of user Helpdesk support and requires extensive System Administrator involvement to assure that server hardware is properly maintained and to assure that all of the documents that are stored in separate locations are included in the daily backup. The city currently does not have a software program that will centrally manage literally ter s of thousands of business critical documents, emails, attachments, and stored paper documents. The decentralized practice in place today has many security risks, it does not easily allow for documents to be shared across departments without IT involvement. The lack of document storage best practices, name standards, and the ability to scan documents continues to be problematic at all levels. Currently, the city does not have integrated software tools to effectively manage email or scan paper documents. The proposed document management system provides an end-to-end solution for both of these areas as well. The proposed Document Management software employs a centralized document repository (database). The database architecture replaces the existing non -database, Microsoft folder document storage, associated drive mappings for locating documents, and cumbersome security management. The desktop computer client is integrated with Outlook and all other Microsoft applications. It allows users to manage all aspects of their documents by providing security, version control, document profiling, audit trail showing that records are stored, maintained, and disposed of according to predefined policies, and offers basic workflow for document development and final markup approval. Saving and retrieving documents is made easy by not having to remember where they are stored, or worry about security issues.. Network Server Consolidation (VMware) The practice in place today has been to purchase new server hardware with new software programs. The city has 38 production servers; each was purchased to support a single software program. This practice is very costly and no longer necessary. VMware will avert server hardware growth, and provide tools necessary to consolidate 22 hardware servers into virtual servers. Four of the decommissioned servers will be used to meet the requirements of consolidating this many servers. In most cases when purchasing new software, hardware will no longer have to be considered. Virtual servers will replace traditional server hardware purchases. Project Cost: 1) Data Storage System $ 77,104.00 2) Document Management $ 89,636.00 3) VMware Server (1) $ 7,767.00 4) VMware Software $ 20,326.63 Total $194,833.63 Annual Recurring Maintenance Cost: 1) Data Storage $10,000.00 2) Document Management $10,000.00 3) VMware $ 2,500.00 Total $22,500.00 Summary The cities existing electronic documents will be moved into one manageable secure data repository. Desktop computer document management software will provide an easy to use rules based client for saving, retrieving, and managing documents. Document profiles, security, and document naming standards will automatically be applied based on predefined department level templates. Also, copy machine connectors will provide the user the ability to scan and store paper documents electronically according to predefined profile rules by department. All documents in the repository will be managed using history tracking and flagging them for archival based on policy. No longer will a document be lost in an endless confusing unmanaged folder structure. The project will reduce IT operational cost overall. The saving will not be immediate, but will be realized in 1-2 years as each of the three technologies are deployed. Cost will be realized in reduced software license fee, hardware, maintenance fees, annual maintenance fees, and employee usage time savings. As stated earlier, the ability to recover these virtual servers quickly will also save in down time cost to the city. This project will consolidate a large number of network servers reducing the overall count to 15 significantly reducing annual maintenance cost and other IT related operational cost. It will provide centralized document storage and desktop computer management for all of the cities business electronic generated data files. IT will also introduce capabilities to scan documents reducing paper documents as needed for all departments city wide. This project is also the foundation for many other 2008-2009 projects that are dependent on its success. Shortly after the data storage system is in place the software team will begin replacing the problematic Oracle database with the planned MS SQL database. Over the next 3-4 years IT will continue to consolidate servers, centralize system data, and continually reduce operational costs whenever possible. When the funding for the project is approved, I expect to have the entire project completed by January of 2008. 0 2 0 U k E 0 Ab Ln 0 2 k 0 E 2 tf 0 U k 2 9 E 0 k 0 V) I1 k n 7 2 o 0 2 $ 2 E7 2 L- E o 0 0 f k o/ 0 a) V) w 0 Q ± 75 C 0Inno t 2 L 0 2 \ 2 4 k 2 t m E E \ Ln E F 2 0 # b-0 J k U LL3 cc) A A A A A A 0 6 2@ D -L2 CDkCCL o 2 0 / k0V) m f@n 2 X CL 0 cn m o m m = _ 0 E E E L : o S5 \ 3 2 .> 2( 7 E k 7 2 m u k f 2 E @ nXCL 9 e LL: o W AN A A 2 k 0 E 2 tf 0 U k 2 9 E 0 k 0 V) I1 CITY OF PLYMOUTH RESOLUTION NO. 2007 - APPROVE AMENDMENT TO 2007 INFORMATION TECHNOLOGY BUDGET WHEREAS, in 2007 a complete analysis of the Information Technology's infrastructure and operating costs; and WHEREAS, as part of the analysis; current and future hardware and software conversions were considered; and WHEREAS, it' has been recommended to correct three areas, and they are data storage system, document management, and network server consolidation; and WHEREAS, the system would be replaced with a document management software system to manage all electronic records and to reduce the number of servers it takes to operate the existing and future software applications; and WHEREAS, the overall cost of this project is $194,834, and all components would be purchased off the State Contract; and WHEREAS, the funding would be from the Information Technology Fund reserves, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the 2007 Information Technology Budget has been amended for the acquisition of a data storage system/document management system at a cost of $194,834. Adopted by the City Council on August 14, 2007. Agenda Number c TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Marie Darling, Senior Planner (509-5457) through Barbara Senness, Planning Manager SUBJECT: Valet Building Services. Variance to the allowed maximum impervious surface coverage for the construction of an addition for property located at 15605 401h Avenue North. (2007061) DATE: August 2, 2007 for the City Council Meeting of August 14, 2007 REVIEW DEADLINE: October 18, 2007 1. PROPOSED MOTION: Move to adopt the attached resolution approving the variance to allow 53.6 percent impervious surface coverage for property located at 15605 40th Avenue North, as recommended by the Planning Commission. Approval of a variance requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicants are requesting approval of a variance to allow 60.9 percent impervious surface coverage where 25 percent is allowed by the Zoning Ordinance. The variance would allow the construct a 12 -foot by 16 -foot room addition and concrete patio. The home is a townhouse with a 3,400 square -foot "unit lot" surrounded by a larger "base lot" owned by the homeowners association. 3. PLANNING COMMISSION MEETING: At their August 1, 2007 meeting, the Planning Commission voted unanimously to recommend approval of the request as an item on their consent agenda. Notice of the public meeting was mailed to all property owners within 200 feet. The notification area map and the minutes of the meeting are attached. File No. 2007061 Page 2 4. CONTEXT: A. Surrounding Land Use and Zoning B. Natural Characteristics of the Site The property is located within the Shoreland Management Overlay District for Plymouth Creek and Turtle Lake. The subject property is not within a floodplain nor does it contain any area within a wetland. C. Previous Actions Affecting the Property In 1979, the City Council approved the Plymouth Creels subdivision and PUD. The subject property is located in the 2nd Addition, which was platted in 19.83. In 1980, the City Council approved an ordinance amendment which adopted Shoreland Management regulations, including a requirement for maximum impervious surface coverage. The Plymouth Creels subdivision has roughly 38 percent impervious surface coverage including the private roadways, and 31 percent discounting the roadways. In 1983, the home was constructed. In 1996, the City Council rezoned the property from PUD to RMF -1 in conjunction with a total redrafting of the Zoning Ordinance. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the burden of proof is on the applicants to show that they meet the standards in the ordinance. 6. PROPOSAL: According to the applicant's narrative, the intent of the room addition is to provide a screened porch so that his clients may enjoy their rear yard without being disturbed by bugs, but still have an outdoor patio for occasional use. The applicant is proposing to construct a one -level room addition (12 -foot by 16 -foot or 192 square feet) where a ten by 12 -foot deck is currently located. Additionally, the applicant's clients have requested a 250 -square foot concrete patio to be ADJACENT LAND USE GUIDING ZONING North, East, Townhouses within the Plymouth Creels Subdivision LA -2 RMF -1 South & West B. Natural Characteristics of the Site The property is located within the Shoreland Management Overlay District for Plymouth Creek and Turtle Lake. The subject property is not within a floodplain nor does it contain any area within a wetland. C. Previous Actions Affecting the Property In 1979, the City Council approved the Plymouth Creels subdivision and PUD. The subject property is located in the 2nd Addition, which was platted in 19.83. In 1980, the City Council approved an ordinance amendment which adopted Shoreland Management regulations, including a requirement for maximum impervious surface coverage. The Plymouth Creels subdivision has roughly 38 percent impervious surface coverage including the private roadways, and 31 percent discounting the roadways. In 1983, the home was constructed. In 1996, the City Council rezoned the property from PUD to RMF -1 in conjunction with a total redrafting of the Zoning Ordinance. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the burden of proof is on the applicants to show that they meet the standards in the ordinance. 6. PROPOSAL: According to the applicant's narrative, the intent of the room addition is to provide a screened porch so that his clients may enjoy their rear yard without being disturbed by bugs, but still have an outdoor patio for occasional use. The applicant is proposing to construct a one -level room addition (12 -foot by 16 -foot or 192 square feet) where a ten by 12 -foot deck is currently located. Additionally, the applicant's clients have requested a 250 -square foot concrete patio to be File No. 2007061 Page 3 installed adjacent to the addition. They have requested the concrete patio as it requires less maintenance than a deck. The applicant states that the lot currently has 48 percent impervious surface coverage. However, the existing deck is also considered impervious because of the plastic weed barrier beneath. Consequently, the current impervious surface coverage is 51.5 percent. If the applicant's request is approved, the addition and patio would increase the lot's impervious surface coverage to 60.9 percent. The addition would meet all the zoning requirements in the RMF -1 district with the exception of the requested variance. Many of the townhouses in this development have screened porches or other room additions constructed at the back of the home. In the three adjacent buildings, there are eleven townhouses, five of which already have porches and one is under construction. Three of the five existing porches were built before the PUD was rescinded -in 1996. 7. ANALYSIS OF REQUEST/CONCLUSION: The room addition would increase the impervious surface coverage over the existing by about 72 square feet. The plan indicates that the addition would be consistent with building materials that are used on all the townhouses in the neighborhood. However, staffs finds that the applicant could construct a deck instead of a concrete patio to further reduce their requested impervious coverage, as a deck is not considered impervious. Consequently, the applicant's request would be reduced from 60.9 percent impervious surface coverage to 53.6 percent (see the summary table below). Staff concludes that constructing a deck (with no plastic weed barrier below) strikes a balance between the property owners' enjoyment of their backyard and protecting the public interest of controlling the stormwater run-off by minimizing impervious coverage in shoreland areas. Summary Table Impervious Surface Coverage Percent Increase Over Existing Current 51.5% Applicant's Proposal 60.9% 9.4% Staff's Recommendation 53.6% 2.1% The City Council must review the variance request with the seven standards outlined in Section 21030 of the Zoning Ordinance. A copy of the standards is attached. Staff used these standards to review the application, as follows: 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. File No. 2007061 Page 4 The home was constructed in 1983 under a PUD that was approved prior to the application of the maximum impervious surface coverage restriction. Had the applicants constructed the addition prior to 1996 when the PUD was rescinded, they would not have been restricted by impervious surface coverage. 2) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. Because the home was part of a PUD, the City approved setbacks and other design guidelines different from those in the current shoreland management overlay district. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. The request is not based exclusively upon a desire to increase value or income potential of the property. 4) That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self- created hardship. The hardship is caused by the Zoning Ordinance and has not been self-created. The existing home was constructed as part of a PUD, not according to the ,regulations established in the shoreland management overlay district. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood as the subdivision is fully developed and has three treatment ponds. The request allows continued re -investment into an existing neighborhood. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The variance would not impair an adequate supply of light and air to adjacent property, nor would it substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. File No. 2007061 Page 5 7) That the requested variance is the minimum action required to eliminate the hardship. The requested variance is not the minimum action to eliminate the hardship as the applicant could replace the concrete patio with a deck. If this change is made, the request would be reduced by 7.3 percent to a total of 53.6 percent. 8. RECOMMENDATION: Community Development Department staff recommends approval of the variance to allow 53.6 percent impervious surface coverage where a maximum of 25 percent is allowed to permit construction of a room addition for property located at 15605 401h Avenue North, subject to the conditions listed in the attached resolution and as recommended by the Planning Commission. ATTACHMENTS: 1. Minutes from the August 1, 2007 Planning Commission Meeting 2. Variance Standards 3. Applicant's Narrative 4. Location Map 5. Notification Area Map 6. Aerial Photo 7. Site Photo 8. Site Graphics 9. Resolution Approving Variance Draft Minutes City of Plymouth Planning Commission Meeting August 1, 2007 MEMBERS PRESENT: Chair James Holmes, Commissioners Frank Weir, Karl Neset, Terry Jaffoni, James Davis, and Erik Aamoth MEMBERS ABSENT: Commissioner John Cooney STAFF PRESENT: Community Development Director Steve Juetten, Planning Manager Barbara Senness, Senior Planner Shawn Drill, Planner Joshua Doty, City Engineer Bob Moberg and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGEZDA MOTION by Commissioner Weir, sec ed by Commissioner Davis, to approve the August 1, 2007 Planning Commission Agenda-VQte. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JULY 18, 2007 PLANNIN OMMISSION MINUTES MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the July 18, 2007 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. B. VALET BUILDING SERVICES (2007061) MOTION by Commissioner Weir, seconded by Commissioner Neset, to approve the request by Valet Building Services for a variance to the allowed maximum impervious surface coverage for the construction of an addition for property located at 15605 40t' Avenue North. Vote. 6 Ayes. MOTION approved. ZONING ORDINANCE VARIANCE STANDARDS The Board and Zoning Administrator shall not approve any variance application major orminor) unless they find failure to grant the variance will result in undue hardship on the applicant, and, as may be applicable, all of the following criteria have been met: That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. J. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets,'or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. That the requested variance is the minimum action required to eliminate the hardship. Section 21030 -Plymouth Zoning Ordinance formsNariance Standards.doc) June 20, 2007 Re; 15605 - 40th Ave No Ms. Darling As we discussed the hard surface on the property vs the pervious surface figures out like this. Existing lot size 3400 sq ft Existing house, sidewalks and driveway 1631 sq ft Percentage of existing hard surface vs lot 48% Proposed porch and patio 428 sq ft Overall percentage. of hard surface vs lot with changes 60% These numbers are a result of the limited lot sizes associated with townhomes. A considerable amount of green space still exists around the building in common area to offset this limited lot size. This project also meets the separation requirements from the neighbors as we understand them. The owners are applying for this variance because it makes more sense to replace, rather than repair the condition of the existing 12 x 10 deck, with a porch due to the fact that in their area the bugs get so bad from Plymouth creek that a deck becomes unusable much of the summer. The regulations when these home were built, it appears were different from current hard cover regulations now in affect making the only option for improvements a variance. This variance will be similar to others that have already been granted for porches in this same development. Thank you Brett Cook 1'' 2.' 0 2007 UV X007 vc Parcel Information • Date Printed: 6/12/2007 2:25:29 PM Parcel ID: 16-118-22-23-0060 Owner Name: J F BEDESSEM & R A BEDESSEM Parcel Address: 1560540TH AVE N PLYMOUTH MN, 55446 Buffer Size: 200 ft. http://bugle/MailingLabels/popMap.aspx?LayerID=94&Obj ectID=206511 &Buffer=200&... 6/12/2007 Legend Location Map- 2007061 C, Comercial Valet Building Services cc, City Center Weinberger Addition CO, Commercial Office 15605 40th Avenue North IP, Planned Industrial Request for Variance 0 LA -1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area E iLA -4, Living Area 4betyof LAR, Living Area Rural Plymouth, Minnesota P-1, Public/Semi-Public/Institutional 200 100 0 200 400 600 Feet m 1k A ertai Pno Ic f`' OYIO i 0 X\ C2 qQ 0 W. 0 oyP be \b I' j l I Q 0 4. Ck- O' P 0 C, h0, THIS BY ME Q! 0 Denotes Iron Monument jej-jotdS 4000 SraKe X000.0 1)enotes existing r—Levation Ow.0) oenotes Propo:-,ea Elevation oenotes 01reCtion of Surface Oraii I nereoy certify tnat this is a true and tne oounoaries of: Lots 14, 15, ano 16, BIOCK 2, PLYMOUTI Minnesota. And of the location of all ouildings, if encroacni ents, Of any, from or on said ial StdKes as set fir a proposed ouilding. A supervision tnis DO uay of June, 1983. Pa La 174g bc C:) kqP 7' I 0 c6 DC Ck- O' P 0 C, h0, THIS BY ME Q! 0 Denotes Iron Monument jej-jotdS 4000 SraKe X000.0 1)enotes existing r—Levation Ow.0) oenotes Propo:-,ea Elevation oenotes 01reCtion of Surface Oraii I nereoy certify tnat this is a true and tne oounoaries of: Lots 14, 15, ano 16, BIOCK 2, PLYMOUTI Minnesota. And of the location of all ouildings, if encroacni ents, Of any, from or on said ial StdKes as set fir a proposed ouilding. A supervision tnis DO uay of June, 1983. Pa La EXI5TING 5TRUGTURE 4040 4040 a Q0$ 6 -' 6068 — — — — yp 5056 VAULTED CEILING 0 2-2X10 HEADER5 OVER WINDOW5 AND DOOR 8' Radius zz 16° Diameter Main Patio 6' wide average Wasik-way I PROPOSE03 h` SEA50N PORCH I 8' Radius PINE T& G GAR5I0IN6 ON CEILING-1t2" 5HEETROGK ON WALLS k 5050 _ 5050 — —I 5021 TRAP 5021 TRAP — — 12'-0"b" oil 5._0115'-0" 51-0" FLOOR PLAN 1/411= 1 1-011 FLOOR PLAN--FOUNDATION--31D ELEVATION--SECTION SCALE 1/4"=1'-0" 4TER UP THE ROOF TO THE EXTERIOR YVAtLL 46 ROOFING SOFFIT 8 0 MATCH EXISTING AS 5 P0551BLE 105 16" O.G tLL INSULATION R-25 FLOOR INSULATION 6X6 TREATED P05T v D' pv COBRA RIDGE VENT 1 3/4" X 11 -1/8" LAM RIDGE BEAM 2X6 COLLAR TIES, 16" O.G. 2X10 RAFTERS 16" D.G. R-25 CEILING INSULATION 2X10 FLOOR JOISTS 16" O.G. 2-13/4" X q 1/2" LAM BEAM v D v D CROSS SECTION a 7vcv 1 Date 6-6-07 Design By LK Revisions GR055 5EGTION 5'-10"2'-0"3 bxb treated post set on 12" diameter footings 42" belaw grade 2-15/4" x q 1 /2" lam bear I I M5TING FOUNDATION i I I I 2x10 ledger lag bolted to house rim with 2-5/1 b" x 4 1/2'32" O.G. II II I 2x10 (oasts 16" O.G. 0 2-0' 0 3-240 treated beam 2-1 3/4" x q 1 /2" lam beami o 1 Qi 1 if 6- bxb treated post set on 12" diameter footings 42" below grade Revisions Print Date M W - u1 z O FOU NPATION PLAN 1/4 11= 1'-0" VALET BUILDING 5ERVIGF5 Page 1 ons on these plans or attachments These Plans and Specifications are the Office: 763389-9950e...l /.... O..IIJ-- L -a--- Ren- n M1,1:1n' M7!wr ' 1;1 lli CITY OF PLYMOUTH 1 RESOLUTION 2007 - APPROVING A VARIANCE TO ALLOW 53.6 IMPERVIOUS SURFACE COVERAGE WHERE THE 25 PERCENT IS ALLOWED FOR THE CONSTRUCTION OF AN APPROXIMATELY 192 SQUARE FOOT ROOM ADDITION FOR PROPERTY LOCATED AT 15605 40TH AVENUE NORTH 2007061) WHEREAS, an application has been filed by Valet Building Services, which requests approval of a impervious surface coverage variance to permit construction of a home addition for property legally described as follows: Lot 16, Block 2, Plymouth Creek 2nd Addition, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL- OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Valet Building Services for an impervious surface coverage variance to allow construction of a home addition for property located at 15605 40th Avenue North, subject to the following conditions: 1. This resolution approves a variance to allow 53.6 percent impervious surface coverage where a maximum of 25 percent is allowed, in accordance with the plans and application received by the City on June 20, 2007, except as amended by this resolution. 2. The 12 -foot by 16 -foot addition shall be finished to match the existing home. 3. The impervious surface coverage variance is approved with the finding that the applicable variance standards are met. Specifically: Resolution 2007 2007061) Page 2 a. The home was constructed in 1983 under a PUD that was approved prior to the application of the maximum impervious surface coverage restriction. Had the applicants constructed the addition prior to 1996 when the PUD was rescinded, they would not have been restricted by impervious surface coverage b. Because the home was part of a PUD, the City approved setbacks and other design guidelines different from those in the current shoreland management overlay district. c. The request is not based exclusively upon a desire to increase value or income potential of the property. d. The hardship is caused by the Zoning Ordinance and has not been self-created. The existing home was constructed as part of a PUD, not according to the maximum impervious surface coverage regulation established in the Zoning Ordinance. e. Granting of the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood as the subdivision is fully developed and has three treatment ponds. The request allows continued re -investment into an existing neighborhood f. The variance would not impair an adequate supply of light and air to adjacent property, nor would it substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g. The requested variance is not the minimum action to eliminate the hardship as the applicant could replace the concrete patio with a deck. If this change is made, the request would be reduced by 7.3 percent to a total of 53.6 percent. 4.. A building permit for the addition shall be obtained prior to construction. 5. Prior to issuance of a building permit, the applicant shall revise the plans to indicate that a deck with no plastic weed barrier or other impervious surface shall be constructed instead of a concrete patio. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 6. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21030.06 of the Zoning Ordinance. Adopted by the City Council on August 14, 2007. Resolution 2007 2007061) 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 August 14, 2007, 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 MEN; CITY;OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: August 3, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, Director of Public Works FROM: Ross Beckwith, P.E., Assistant City Engineer SUBJECT: APPROVE PLANS. AND SPECIFICATIONS WIKMAN EROSION PROJECT CITY PROJECT NO. 6113 ACTION REQUESTED: Make a motion to adopt the attached resolution approving plans and specifications and ordering advertisement for bids for the above referenced project. BACKGROUND: This project addresses channel erosion with the installation of 48" and 60" High Density Polyethylene (HDPE) storm sewer pipe. The City has discussed this project with the two affected property owners over the last year and both are in agreement that this project will improve the eroding conditions on their property. Right -of -entry agreements and permanent easements have been secured by the City from both property owners on, the north side of Schmidt Lake Road. Currently, an eroded swale with steep side slopes carries water discharging from two 48" diameter pipes which run under Schmidt Lake Road to the north across the Wikman property. The high volume of water through this swale has created significant erosion and carries this sediment north to the existing wetland. This project will stop channel erosion along this 850 foot stretch and discharge the pipe system into a 1% rip -rap lined swale before it enters the adjacent wetland. A second project is scheduled for 2011 which will address the erosion to the south from the Conor Meadows site. The Wildman project is critical in establishing the north end of the storm water drainage system and needs to be in place prior to correcting the erosion problems in the Conor Meadows area to the south. Plans have been submitted to the Elm Creek Watershed for review. It is anticipated that this item will be on agenda for the Watershed's August 9, 2007 board meeting for discussion and approval. City staff will be represented at the meeting to answer any questions which may come up. O:\Engineering\PROJECTS\2000 - 2009\6113\Meinos\ApprovePRS_Memo_6113.doc WIKMAN EROSION PROJECT Page 2 BUDGET IMPACT: The project was included in the 2007 Capital Improvement Program CIP) for a total project cost of $215,000. The total estimated project cost at this time is 250,000 including design, inspection, contingencies and administration. Financing will be out of the Water Resources Fund. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving plans and specifications and ordering advertisement for bids with bids to be received September 5, 2007. attachments: Map Resolution 0AEngineering\PROJECTS\2000 - 2009\6113\Memos\ApproveP&S_Memo_G 113.doc CITY OF PLYMOUTH RESOLUTION NO. 2007 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WIKMAN EROSION PROJECT CITY PROJECT NO. 6113 WHEREAS, the City Engineering Department has prepared plans and specifications for installation of storm sewer pipe in an eroding swale and has presented such plans and specifications 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, copies of which are 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. two times, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on September 5, 2007 at which time they will be publicly opened in the City Council Chambers of the Plymouth City Center building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Manager 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 August 14, 2007 0AEngineering\PROJECTS\2000 - 2009\61 13\Resol\ApproveP&S_Res_6113.doe 10 CITY OF PIJ<YMOUTI3 'h CITY.COVNCILfAGENDA REPORT DATE: August 3, 2007 for the City .Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Ross A. Beckwith, P.E., Assistant City Engineer SUBJECT: PAYMENT NO. 3 AND FINAL 2006 SANITARY SEWER LINING PROJECT CITY PROJECT NO. 6121 ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 3 and Final to Terra Engineering & Construction Corporation for the 2006 Sanitary Sewer Lining Project, City Project No. 6121. BACKGROUND: The 2006 Sanitary Sewer Lining Project involved cleaning out and lining existing clay sewer pipe with a cured in-place pipe liner. A total of 7,553 feet of sanitary sewer pipe was lined under 2nd Avenue, 3rd Avenue, Gleason Lake Road, Orchid Lane, Ranchview Lane, Vinewood Lane and Vicksburg Lane, as shown on the attached map. The work on this project has been completed and certified as meeting project specifications by the City's Engineering staff. BUDGET IMPACT: The original contract amount for this project was $178,330.73 and the final contract amount is $186,935.63 or 5% over the contract amount. This increase is due to an additional 270 feet of 8" sewer which was lined at unit costs as requested by the Sewer Maintenance staff that identified this as a problem segment. Funding for this project comes from the Sewer Fund. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council accept the project and approve Payment No. 3 and Final in the amount of 17,521.44 to Terra Engineering & Construction Corporation for the 2006 Sanitary Sewer Lining Project. attachments: Map Pay Request Resolution 0:\Engineering\PROJECTS\2000-2009\6121\Memos\FnlPymt_6121 Meme.doe O:tCngineering\PROJLC_I'9\26001-•200N J 21NPPrlvn s\t2egPymea&.Fnlrin u,loc MEQV'RST F ORTAYM.ENT llA'TF:X 31, 2407 FOR'PERIOD: YI ACE: _ . 1'—Immutl1, MIDI )FROM: 1.10434670:;3-31=07 PROJECT-_ 2Q06 San' itssy Sowcr LiningP.xoject PROJECT NO,; 6121 FILE NO--...... SF,CIF-IED C ONTRAC7;'•• COMPLETION - DATE: Qctybor 15.20pfi tCpr 4pToR: .: Terra En TinGCrin a & CniJst -action Corgi 2201 VondronRoad'1390 Mad.ison. Wisconsin 53'118 REOM'U FOR ?P %YMENT NO.: 3 &hirial SUMMARY: 71 I., Oig6aal' Contrast Amount S 1'78,330,73 2. - AD 170N $ 8,604.90 Ch'angc Order - DEDUCTIOAT $ 0,00 4, Rovised Contract Amount 1'86,935,63 ' 5. Value Compicted'to Date. 186;935:63 6. Material. on Band 0.00 7: Amount•Earned% 1.862935.63 8. Less Retainage'., 9. 1'ess Liquidated Damagos. 0•A4 10. Sub,Tntal 1.86095,63 . 11, ' Less AJn.ountPaid Previously 1692414;19. 12', •A.Mdw DU.G THIS REQUEST FOR PAYNHsN-T NO,: _3 & fini ' 17,521.44 Approved fly! (FKC7JN73rR) Bir; OWNER APPROVAL,. Approved EY. (C N Ci; ' By O:tCngineering\PROJLC_I'9\26001-•200N J 21NPPrlvn s\t2egPymea&.Fnlrin u,loc 2006 Sanitary Sewer Lining Project City of Plymouth, Minnesota City Project No. 6121 Pay Estimate No. 3 & Final - July 31, 2007 No. Item Unit Unit Price Qty. Completed Value Complete This Period This Period Qty. Completed To Date Value Complete To Date Est. Bid Qty. Complete 1 MOBILIZATION L.S. 6,244.00 1.00 6,244.00 1 100% 2 TRAFFIC CONTROL L.S. 3,200.00 1.00 3,200.00 1 100% 3 CIPP LINED 8" SANITARY SEWER L.F. 31.87 270 $ 8,604.90 905.00 28,842.35 635 143% 4 CIPP LINED 9" SANITARY SEWER L.F. 22.36 6,648.00 148,649.28 6,648 100% Total I $ 1 $ 186,935.63 105% CITY OF PLYMOUTH RESOLUTION NO. 2007 - REQUEST FOR PAYMENT NO.3 AND FINAL 2006 SANITARY SEWER LINING PROJECT CITY PROJECT NO. 6121 WHEREAS, the City of Plymouth as owner and Terra Engineering and Construction Corporation as contractor, have entered into an agreement for the 2006 Sanitary Sewer Lining Project, City Project No. 6121, said agreement was approved by the City Council on May 23, 2006; 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: That the original contract amount was $178,330.73 and the value of the work to date is $186,935.63 and is herewith approved. 2. That the work performed by the contractor for the 2006 Sanitary Sewer Lining 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. Request for Payment No. 3 and Final in the amount of $17,521.44 to Terra Engineering and Construction Corporation for the 2006 Sanitary Sewer Lining Project is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. Funding will be from the Sewer Fund. Adopted by the City Council on August 14, 2007. 0:\Engineering\PROJECTS\2000 - 2009\6121\Resol\PnlPymt_6121_Res.doc CITY OF PLYMOUTH'; r , CITY COUNCIL AGENDA REPORT ,;, , DATE: August 3, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Ross A. Beckwith, P.E., Assistant City Engineer SUBJECT: PAYMENT NO. 2 AND FINAL 2007 SUNSET TRAIL RETAINING WALL PROJECT CITY PROJECT NO. 7103 ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 2 and Final to Designing Nature, Inc. for the Sunset Trail Retaining Wall Project, City Project No. 7103. BACKGROUND: The Sunset Trail Retaining Wall Project involved the removal of a failing wooden retaining wall at 12314 Sunset Trail and the installation of a block wall. All work on this project has been completed and certified as meeting project specifications by the City's Engineering staff and the City's consulting engineer, Bolton & Menk, Inc. The property owner is very satisfied with the final product. BUDGET IMPACT: The original contract amount for this project was $40,603.30 and the final value completed by the contractor is $43,370.33 or 7% over the original contract amount. This increase is the result of adding additional retaining wall blocks to better match into the existing yard and protect oak tree roots. Funding from this project will come from the Street Replacement Fund. The total project cost, which also includes relocation of the water service under a different contract, is expected to be below the $100,000 budgeted in the 2007-2011 CIP. RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council accept the project and approve Payment No. 2 and Final in the amount of $4,797.20 to Designing Nature, Inc. for the 2007 Sunset Trail Retaining Wall Project No. 7103. attachments: Map Pay Request Resolution 0:\Engineering\PROJECTS\2000 - 2009\7103\Memos\PnlPymt_Memo_7103.doc Sunset Trail Retaining Wall Project CP 7103 12314 Sunset Trail Retaining Wally Location REQUEST FOR PAYMENT -FINAL PAYMENT DATE: July 12,'2007 FOR PERIOD PLACE: Plymouth; MN FROM: 6/6/07 TO: 7/6/07. PROJECT: Sunset Retaining; Wall PROJECT NO.: 7103 FILE NO.; SPECIFIED CONTRACT COMPLETION DATE:_ Jud 1.4 2007 CONTRACTOR: <. Designing Nature, Inc. ADDRESS: 3312_RedFox Drive Hamel, MN 55340 REQUEST FOR PAYMENT NO: 2 SUMMARY:. 1. Original Contract Amount $ 40,603.30 2., Change Order - ADDITION $ 0.00 3. Change Order - DEDUCTION $ 0.00 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8. Less Retainage 0 % 9. Less Liquidated Damages 10. Sub -Total 40,603.30 43,370.33 0.00 0.00 0.00 0.00 0.00 11 Less Amount Paid Previously $ 38,573.13 12. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2 $ 4,797.20 OWNER APPROVAL: Approved By: (ENGTI ER) By: By: By: Approved By: (CON CTOR By: By: F:TLYM\C1238518\Exce1\Pay AppAREQUEST FOR PAYMENT 2.doc Contractor: Designing Nature Project: Sunset Retaining Wall Application for Payment Owner: City of Plymouth Application Number: Aplllcation Date: Period to: BMI Project Number: 2 07/12107 07/12107 C12.38518 A B C D E Item Description of Work No. Original Plan Quantity Unit of Measure Bid Price Original Contract Amount Current Pay Ap lication Quantity Amount this App, this APP• BXD Total Quantity to Date Total Amount Completed to Date BXE 1 MOBILIZATION ILS 200.00 200.00 0.00 1 200.00 2 TRAFFIC CONTROL 1 LS 1,600.00 1,600.00 0.00 1 1,600.00 3 REMOVE WOOD TIMBER RETAINING WALL 145 P LF 19.43 2,817.35 0.00 145 2,817.35 4 REMOVE SPLIT RAIL WOOD FENCE 140 LF 1,00 140.00 0.00 140 140.00 5 GRUBBING 1 LS 800.00 800.00 0,00 1 800.00 6 MODULAR BLOCK RETAINING WALL 1127 SF 26.85 30259.95 66.13 1,775.59 1193.13 32035.54 7 WOOD RAIL FENCE 147 LF 15.00 2,205.00 0.00 147 2,205.00 8 LANDSCAPING 1 LS 1,097.50 1,097.50 0.00 1 1097.50 9 SILT FENCE TYPE PREASSEMBLED 75 LF 2.50 187.50 0.00 75 187.50 10 SODDING TYPE LAWN W/ 6" TOPSOIL 300E s 4.32 1,296.00 229.5 991.44 529.5 2 287.44 JT .», ya$L i gxF KeS . '}. 7T•111Fa.u' MAN'. Raq q , z .z.5<..':-'.'.s a"s5131, f't _ gikatsu• ce. $ Q 60` 3 I s ,- I i t 7r,767 Printed: 7/16/2007 5:41 PM Page 111 Pay App 2 CITY OF PLYMOUTH RESOLUTION NO. 2007 - REQUEST FOR PAYMENT NO.2 AND FINAL 2007 SUNSET TRAIL RETAINING WALL PROJECT CITY PROJECT NO. 7103 WHEREAS, the City of Plymouth as owner and Designing Nature, Inc. as contractor, have entered into an agreement for the Pineview Retaining Wall Project, City Project No. 5106, said agreement was approved by the City Council on March 13, 2007; 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 $40,603.30 and the value of the work to date. is $43,370.33 and is herewith approved. This project is above the original contract amount by 7%. 2. That the work performed by the contractor for the Sunset Trail Retaining Wall Project No. 7103 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. 2 and Final in the amount of $4,797.20 to Designing Nature, Inc. for the 2007 Sunset Trail Retaining Wall Project No. 7103 is hereby approved and the City Finance Director is hereby authorized and directed to pay the same forthwith. Adopted by the City Council on August 14, 2007. 0:\Engineering\PRO]ECTS\2000 - 2009\7103\Resol\PnlPymt_Res_7103.doc t CITYOF PLYMOUTH . i CITY.COUNCIL AGENDA REPORT DATE: August 1, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Daniel K. Campbell, Sr. Engineering Technician SUBJECT: AWARD CONTRACT 2007 MILL AND OVERLAY PROJECT VICKSBURG LANE IMPROVEMENTS CITY PROJECT NO. 7104 ACTION REQUESTED: Make a motion to adopt the attached resolution awarding the contract for the construction of the above improvement. BACKGROUND: Bids were received on Tuesday, July 25, 2007 for the 2007 Mill and Overlay Project, Vicksburg Lane from 32nd Avenue to Old Rockford Road, City Project No. 7104. Eight bids were received with the low bid being $349,936.65 from ASTECH Corp. of St. Cloud, MN. Engineering staff has reviewed the information submitted by ASTECH Corp. to determine if they comply with the responsible bidder qualifications policy and finds the information acceptable. The low bid of $349,936.65 is 23% less than the engineer's estimate of $453,000. BUDGET IMPACT: The project was included in the 2007 Capital Improvement Program (CIP) for a total project cost of $560,000. At the time the project was ordered, the estimated project cost was 566,000. Based on the low bid, the project cost including engineering, administration, legal and contingencies estimated at 15% is $402,500. Funding for this project is being provided through the following: Street Replacement Fund $273,700 Special Assessments $128,800 RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution awarding the contract for the 2007 Mill and Overlay Improvements, Vicksburg Lane, City Project No. 7104 to the low bidder, ASTECH Corp. in the amount of $349,936.65. attachments: Map Resolution 0:\EngineeringTR07ECTS\2000 - 2009\7104\Memos\CC_Award_Cntrt_7104.doc PLAN SYMBOLS - 11L 1L I " . sTAnOxt -- - aalw ---- YM HENNEPIN COUNTY; MINNESOTA UNE (C. t q W}-.'2007., MILL AA D OVERLAY GOVERNING SPECIFICATIONS: ca,rA _ T$ Tr 'I 7D /'' THE 2000 EOIMON OF THE MINNESOTA DEPARTMENT OF TRANSPORTATIONr` V ICSLSB AirG LANE "STANDARD SPECIFICATIONS FOR CONSTRUCTION"THE MARCH 2006, naaoa. . auwaa mw[-n-wAr uxL - - . CITY OF PLYMOUTH."ENGINEERING GUIDELINESI AND THE CONTRACT CIT 1 P R DOCUMENTS, INCLUDING THE SPECIAL- -LOCAL LA, SHAH GOVERN. onr aux - . .: ALL APPLICABLE FEDERAL. STATE ANO -LOCAL LAWS AND ORDINANCEOJECTNO. 7104: , 5 SHALL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT. I HEREBY YEDTTHIS sLAABME ICIRECTSUPENd1I'D THAT IAMAVY LENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE Cr MINNESOTA. ENGR, ROSS A. BECKWITH, PE., ASST. CITY ENGINEER Reg. NO. Date APPROVER DORAN COTE, P.E., DIRECTOR OF PUBLIC WORKS DATE PRATE Al.0.. N0. I ADADL 155-156-017rpCITYOFOTYPROD. NO. PLYMOUTH 7104 s t R uc,wom coax t' .. 2 STRUCTURE SCHEDULE & TYPICAL SECTIONS S DETAILS - - - 4 -MILL AND OVERLAY PLAN c THIS PLAN CONTAINS 5 SHEETS - oWwwss (Is c..q wo[awas c ro+ r 4— a INana,c 1a.:I.„ romH m'arn[k cos+V[xc[. crc,)' s cco x, ls,ax. toxo[,., . u[rlu. aaa . ri sa, UTILITY SYMBOLS AND nw[n 6 rx L7Onmxox[ caa[[ T Ov 6 ice— - D TOD-NE 111E I HEREBY YEDTTHIS sLAABME ICIRECTSUPENd1I'D THAT IAMAVY LENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE Cr MINNESOTA. ENGR, ROSS A. BECKWITH, PE., ASST. CITY ENGINEER Reg. NO. Date APPROVER DORAN COTE, P.E., DIRECTOR OF PUBLIC WORKS DATE PRATE Al.0.. N0. I ADADL 155-156-017rpCITYOFOTYPROD. NO. PLYMOUTH 7104 s INDEX: SHEET NO. DESCRIPTION I TITLE SHEET 2 STRUCTURE SCHEDULE & TYPICAL SECTIONS S DETAILS - - - 4 -MILL AND OVERLAY PLAN 5 STRIPING PLAN THIS PLAN CONTAINS 5 SHEETS - NOTE, .. THE EXACT LOCATION OF UNDERGROUND. UTILITIES SUCH"AS GAS, TELEPHONE, WATER, ETC.'ARE UNKNOWN. THE CONTRACTOR.SHALL CONTACT THE APPROPRIATE UTILITIES BEFORE COMMENCING EXCAVATION. GOPHER STATE .ONE CALL: (651) 454-0002 I HEREBY YEDTTHISsLAABME ICIRECTSUPENd1I'D THAT IAMAVY LENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE Cr MINNESOTA. ENGR, ROSS A. BECKWITH, PE., ASST. CITY ENGINEER Reg. NO. Date APPROVER DORAN COTE, P.E., DIRECTOR OF PUBLIC WORKS DATE PRATE Al.0.. N0. I ADADL 155-156-017rpCITYOFOTYPROD. NO. PLYMOUTH 7104 s CITY OF PLYMOUTH RESOLUTION NO. 2007 - AWARDING CONTRACT 2007 MILL AND OVERLAY VICKSBURG LANE CITY PROJECT NO. 7104 WHEREAS, pursuant to an advertisement for bids for the 2007 Mill and Overlay Improvement, Vicksburg Lane from 32nd Avenue to Old Rockford Road, by bituminous resurfacing, replacement of, concrete curb and gutter, Traffic Signal loop detectors 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 ASTECH Corporation 349,936.65 North Valley, Inc. 354,466.04 Northwest Asphalt, Inc. 356,811.75 Knife River 363,321.00 C.S. McCrossan Construction, Inc. 368,009.45 Hardrives, Inc. 377,770.35 Bituminous Roadways, Inc. 387,512.00 Midwest Asphalt Corporation 422,159.05 WHEREAS, it appears that ASTECH Corp. of St. Cloud, MN is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into the contract with ASTECH Corp. of St. Cloud, MN in the name of the City of Plymouth for the 2007 Mill and Overlay Improvement, Vicksburg Lane, fiom 32nd Ave to Old Rockford Road, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer by awarding a contract in the amount of $349,936.65. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 3. Funding for this project will be from: Street Replacement Fund $273,700 Special Assessments $128,800 Adopted by the City Council on August 14, 2007. 0AEnginceringTROJECTS\2000 - 2009\7104\Reso1\AWardContract_7104_Rcs.doc CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: July 31, 2007 for the City Co- uicil Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Robert Moberg, P.E., City Engineer SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TARYN HILLS DEVELOPMENT (2005045) ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing reimbursement to the developer for trunk sanitary sewer, trunk watermain, and roadway improvements in the Taryn Hills Development. BACKGROUND: Trunk Sewer — The City's Comprehensive Sanitary Sewer Plan identifies a 15-18 inch trunk line extending -from the Elm Creek interceptor in Maple Grove to the Hampton Hills golf course area. A portion of this trunk line was installed by U.S. Homes Corporation, the developer of the Taryn Hills project. According to the City's special assessment policy, a trunk sanitary sewer is a line normally sized larger than 8 inches in diameter. Trunks may also be constructed at extra depth to allow for future extensions beyond existing property boundaries. According to Article 22 of the development contract between the City and U.S. Home Corporation (executed December 28, 2005), the developer is to be reimbursed the cost of oversizing the trunk sanitary sewer above 8 inches in diameter and extra depth beyond 25 feet. The actual cost of reimbursement is $2,097,517.07. Trunk Water — The City's Comprehensive Water System Plan identifies a 20 -inch trunk watermain in Vicksburg Lane extending from the Maple Grove boundary to the ground storage reservoir at Schmidt Lake Road and a 20 -inch triinlc watermain in County Road 47 extending from Vicksburg Lane to Fernbrook Lane. According to the City's special assessment policy, a trunk watermain is normally 12 inches or larger in size. According to Article 21 of the development contract, the developer is to be reimbursed for the cost of trunk main or trunk main oversizing in County Road 47 and in Vicksburg Lane. The actual cost of reimbursement is $834,6.86.44. REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TARYN HILLS DEVELOPMENT (2005045) Page 2 Roadway — As a condition of approval for the development, Hennepin County required the intersection of County Road 47 and Vicksburg Lane to be upgraded to include turn lanes as well as a horizontal and vertical realignment to match the future ultimate alignment of County Road 47. The improvements required by Hennepin County meant the developer also had to upgrade the southbound and eastbound approaches to the intersection. The actual cost of this additional work was $130,724.66. BUDGET IMPACT: City staff has reviewed the impact the proposed reimbursements would have on the various funds affected. The 2007 Capital Improvement Program (CIP) included $145,000 for the CR 47 intersection improvements in anticipation of the reimbursement. The reimbursement for roadway improvements would come from the City's Municipal State Aid (MSA) Fund which has a sufficient balance to cover the cost of the reimbursement. The $2,932,203.51 'reimbursement for trunk watermain and sanitary sewer would come from the Utility Trunk Fund. These utility projects were also included in the 2005 and 2006 CIP for developer reimbursement at the time of construction. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution authorizing the reimbursement to the developer for the construction and engineering costs associated with the trunk sanitary sewer, trunk watermain, and roadway improvements. The amount of the requested reimbursement is 3,062,928.17. The funds will be allocated from the City's Utility Trunk Fund and from the MSA Fund as outlined in the resolution. attachments: Letter Requesting Reimbursement Resolution 0 AEngi neeri ng\DEV L"TS\2005\2005045\Me m os\CC_Rei mbursemen[_2005 045. doe August 7, 2007 Mr. Doran Cote City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Re: Taryn Hills Reimbursement- Revised Amount Dear Mr. Cote: A meeting was held on July 24, 2007 with yourself, Bob Moberg, Bud Broekema, Bob Molstad (Sathre-Bergquist Engineers) and myself to discuss the Taryn Hills utility reimbursement. At that meeting, I was asked to review certain items that we had requested for reimbursement by the City of Plymouth. One of those items was the cost of sheeting and jersey barriers that were needed along County Road 47. After consultation with our engineers, it was determined that some jersey barriers would have been needed with a shallow jacking, but no sheeting would have been needed. Therefore, we will agree to reduce the reimbursement amount by 25% of the amount requested, or $12,218.75. We were also asked to review the engineering attributable to the trunk facilities. I completed the analysis and submitted that to you on July 25, 2007. That analysis showed that our actual costs exceeded 12%, the maximum stated at the meeting the City would reimburse. We further reduced the amount of the engineering reimbursement by $1,466.25, which represented 12% of the reduced amount of the jersey barriers mentioned above. Therefore, the amount of the reimbursement has been revised to the following: Trunk sanitary sewer- $2,097,517.07 Trunk watermain- $ 834,686.44 Intersection improvements- $ 130,724.66 Total Reimbursement $3,062,928.17 We would respectfully request that the City of Plymouth provide the reimbursement to us as provided in the Development Contract and your letter dated March 2, 2007. Thank you for you attention to this matter. Sincerely, U.S.. Home Corporation David A. Hinners Enclosures Cc: Mr. Bob Molstad 935 Wayzata Blvd. E, Wayzata, MN 55391 • Phone: 952-473-0993 • Fax: 952.473-7401 Q LIE N MA R. C Q M dnoNx V CITY OF PLYMOUTH RESOLUTION 2007 - REIMBURSING DEVELOPER FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS IN TARYN HILLS (2005045) WHEREAS, the City of Plymouth and U.S. Home Corporation have entered into a development contract dated December 28, 2005; and WHEREAS, as part of this development, the developer was required to construct public improvements including trunk sanitary sewer, trunk waterinain, and roadway; and WHEREAS, the City is responsible for the incremental cost of public improvements above that which is the responsibility of the developer under the City Assessment Policy; and WHEREAS, the work has been completed and is certified to be in compliance with the approved plans and specifications by U.S. Home Corporation's engineer, Sathre-Bergquist, Inc.; and WHEREAS, the cost difference between an 8" sewer main at 25 -ft. depth (developer's responsibility)- and the Comprehensive Sanitary Sewer Plan which required 15-18" sewer main at depths greater than 25 feet (City responsibility) amounts to $2,097,517.07 for construction and engineering; and WHEREAS, the cost difference between a 12" waterinain (developer's responsibility) and the Comprehensive Water Supply Plan required 20" watermain (City responsibility) amounts to $834,686.44 for construction and engineering; and WHEREAS, the developer was required by Hennepin County to make roadway improvements on County Road 47 west of Vicksburg Lane and on Vicksburg Lane north of County Road 47 that were beyond what was required by. the City at an amount of 130,724.66 for construction and engineering; and WHEREAS, the work has been accepted by the City of Plymouth; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the developer, U.S. Home Corporation, be reimbursed in the amount of $3,062,928.17 for construction and engineering costs for the trunk sanitary sewer, trunk watermain, and .roadway improvements in accordance with the development contract and City policy. BE IT FURTHER RESOLVED that $2,932,203.51 be allocated from the City's Utility Trunk Fund and that $130,724.66 be allocated from the City's Municipal State Aid Fund. Adopted by the City Council on August 14, 2007. 0:\Engi neeri ng\DE VLMNTS\2005\2005045\Resol\Res_Rei mbursement_2005045.doc DATE: August 3, 2007 for Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager, through Doran Cote, P.E., Director of Public Works FROM: Ross Beckwith, P.E., Assistant City Engineer SUBJECT: APPROVE FINAL RELEASE OF FINANCIAL GUARANTEES ACTION REQUESTED: We have received a request from a developer to release their financial guarantees to reflect completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. The developments are: 1. Timber Creek Crossing 2. Timber Creek Crossing 2nd Addition attachment: Resolutions 2001114) 2004101) 0:\Engineering\GENERAL\MISC\Ross\FG-Memos\2007\FG_081407 F.doc RESOLUTION NO. 2007 - FINAL RELEASE OF FINANCIAL GUARANTEE TIMBER CREEK CROSSING (2001114) WHEREAS, in accordance with the development contract dated October 9, 2002, US Homes Corporation, developer of Timber Creek Crossing (2001114), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed street, utility and site grading as noted below; and WHEREAS, the developer has requested final release of the financial guarantees; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: As-Builts TOTAL $ 1,669,127 $ 81,950 $ -0- 0 AEngineering\DEV LMNTS\200I \2001114\Resol\FG_Final_2001114.doc ORIGINAL CURRENT NEW ITEM AMOUNT AMOUNT AMOUNT Street Construction 153,087 0- 0- Mobilization 12,627 0- 0- Schmidt Lake Road 115,514 0- 0- Garland Lane/51St Avenue 110,265 0- 0- Embankment Const. Schmidt Lake 404,140 0- 0- Road Sanitary Sewer 107,729 0- 0- Watermain 172,644 0- 0- Storm Sewer 178,724 0- 0- Boulevard and Drainage Swale Sod 5,000 2,500 0- Rain Garden 3,000 3,000 0- Mitigation Pond Construction 20,000 20,000 0- NURP Pond Construction 40,340 20,170 0- Permanent Traffic Control 5,865 0- 0- Street Signs (4 x 200) 800 0- 0- Park and Trail Improvements 13,057 0- 0- Site Grading and Drainage 140,000 70,000 0- Improvements Setting Iron Monuments 7,500 7,500 0- Design, Administration, Inspection, 178,835 8,780 0- As-Builts TOTAL $ 1,669,127 $ 81,950 $ -0- 0 AEngineering\DEV LMNTS\200I \2001114\Resol\FG_Final_2001114.doc RESOLUTION NO. 2007 - TIMBER CREEK CROSSING (2001114) Page Two That the required financial guarantee for the above items be reduced as detailed above from $81,950 to $0 (zero) to reflect the completed work. Letter of Credit No. FGAC- 03083 may be released by the Finance Department accordingly. FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be released as follows: ITEM ORIGINAL NEW AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning (see Grading Permit for Financial Guarantee Requirements) Cash: $ 1,000 $ -0- Financial Guarantee: FGAC-04409 $ 6,600 $ -0- Adopted by the City Council on August 14, 2007. O:\Engineering\DE VLMNTS\2001 \2001114\Resol\FG_Final_2001114.doc RESOLUTION NO. 2007 - FINAL RELEASE OF FINANCIAL GUARANTEE TIMBER CREEK CROSSING 2ND ADDITION (2004101) WHEREAS, in accordance with the development contract dated October 13, 2004, US Home Corporation, developer of Timber Creek Crossing 2°d Addition (2004101), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed street and utility work as noted below; and WHEREAS, the developer has requested final release of financial guarantees; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: ITEM Street Construction Sanitary Sewer Watermain Storm Sewer Boulevard and Drainage Swale Sod Rain Garden Street and Traffic Control Signs Sidewalk Improvements Trail Improvements Landscaping Buffer Posts Setting Iron Monuments Street Lights Design, Administration, Inspection, As-Builts TOTAL ORIGINAL CURRENT NEW AMOUNT AMOUNT AMOUNT 165,725 0- 0- 87,404 0- 0- 134,805 0- 0- 74,676 0- 0- 5,220 5,220 0- 1,500 1,500 0- 3,500 3,500 0- 16,080 16,080 0- 13,240 13,240 0- 80,000 80,000 0- 1,200 1,200 0- 4,600 4,600 0- 3,000 3,000 0- 70,9214 15,400 0- 661,864 143,740 0- That the required financial guarantee for the above items be reduced as detailed above from $143,740 $0 (zero) to reflect the completed work. Letter of Credit No. FGAC- 04328 may be released accordingly. 0;\Engineering\DEVLMNI'S\2004\2004101\Resol\FG Finnl_200410Ldoc RESOLUTION NO. 2007 - TIMBER CREEK CROSSING 2"' (2004101) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be released as follows: ORIGINAL NEW ITEM AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning (see Grading Permit for Financial Guarantee Requirements) Cash: $ 1,000 $ -0- Financial Guarantee: LC 04326 $ 5,100 $ -0- Adopted by the City Council on August 12, 2007. 0:\Engi neeri ng\DE VLMNTS\2004\2004101 UtesoUG_Pi nal_2004101. d oc CITY ,OF PLYMOUTH CITY COUNCIL;AGENDA REPORT DATE: July 31, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, Acting City Manager through Doran Cote, P.E., Director of Public Works FROM: Derek Asche, Water Resources Manager SUBJECT: CERTIFICATE OF EXEMPTION, WETLAND CONSERVATION ACT MR. JOHN SWOL PROPERTY (PID 31-118-22-44-0048) MR. THOMAS BENNIS PROPERTY (PID 31-118-22-44-0049) CITY PROJECT 7101 ACTION REQUESTED: Make a motion to adopt the attached resolution approving the request for wetland replacement exemption and authorizing the Mayor to sign the Minnesota Wetland Conservation Act (WCA) Certificate of Exemption for the John Swol and Thomas Bennis properties. BACKGROUND: The applicants are requesting a wetland replacement exemption for one small incidental wetland basin on their properties at 17635 and 17625 3`d Avenue North (Figure One). The residents proposed to City staff a water quality pond be constructed in conjunction with the Hawthorne Ponds Street Reconstruction Project (7101) in the rear of their properties provided the area was not protected under the Wetland Conservation Act. A wetland delineation report for this property has been completed by McCombs Frank Roos Associates, Inc. and the wetland basin was determined to be a jurisdictional wetland under the Minnesota Wetland Conservation Act. This basin is not identified on the Plymouth 1994 wetland inventory map nor is it listed as a Minnesota Department of Natural Resources protected water. Review of aerial photographs from 1971 to 2006 revealed that this basin is a result of surface water from 3`d Avenue North draining through a concrete culvert and being deposited on the Swol and Bennis properties. This wetland basin is exempt from protection under the Minnesota Wetland Conservation Act, because it was created by "actions by public or private entities that were taken for a purpose other than creating the wetland" (MN Rules Chapter 8420.0122, Subpt 5, C). Due to the cooperation from the homeowners and because impacts to this wetland are exempt under the Wetland Conservation Act, a water quality pond could be constructed in this area. Drainage and utility easements are expected to be granted to the City by Friday August 10, 2007. Staff anticipates construction of this water quality pond to be included with the Hawthorne Ponds Street Reconstruction Project (7101). BUDGET IMPACT: The 2007 Capital Improvement Program (CIP) included $40,000 for rain gardens or other Best Management Practices for this street reconstruction project. Staff could not find a suitable site for any rain gardens, therefore construction costs for this water quality pond, approximately $30,000, will come from the approved water resources budget. 0AEngineering\PR07ECIS\2000 - 2009\7101\Wetlands\CC_agenda_swol_exemption.doe RECOMMENDATIONS AND CONCLUSIONS: 1 recommend that the City Council adopt the attached resolution approving the request for wetland replacement exemption and authorizing the mayor to sign the Certificate of Exemption form for the Swol and Bennis properties. attachment: Map WCA Exemption Form Resolution 0A nginceringWROJECTS\2000-2009\7101\Wetlands\CC_agenda swol_exemption.doc Data Source: Data Deli Project Wetland Delineation I RQ 0 100 Plymouth, MN Client: Feet AkC AfSRl2teII mm N 2005 Aerial John Swol CITY OF PLYMOUTH RESOLUTION NO. 2007 — APPROVING AN EXEMPTION AND AUTHORIZING THE MAYOR TO SIGN THE WETLAND CONSERVATION ACT CERTIFICATE OF EXEMPTION FORM FOR PID 31-118-22-44-0049 AND PID 31-118-22-44-0048 WHEREAS, Mr. John Swol (PID 31-118-22-44-0048) and Mr. Thomas Bennis (PID 31-118-22- 44-0049) are requesting a wetland replacement exemption for excavation in a Type 2 wetland basin; and WHEREAS, The City of Plymouth endeavors to construct a water quality pond on the above properties for surface water treatment as part of City Project 7101; and WHEREAS, the property owners have granted the City of Plymouth drainage and utility easements in accordance with construction of a water quality pond by the City; and WHEREAS, the proposed excavation is allowed under the Minnesota Wetland Conservation Act pursuant to MN Rule Chapter, 8420.0122. Subp. 5 (c); NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the exemption is approved and the Mayor is authorized to execute a Certificate of Exemption Form for the City of Plymouth for the Revere Lane Extension City Project No. 4142). Adopted by the City Council on August 14, 2007 0:\Engineering\PR0JECTS\2000 - 2009\7101\Wetlands\7101_swol_exemption.doc STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk 0:\EngineeringTROJECTS\2000 - 2009\7101\Wetlands\7101_swol_exemption.doc Leaves Doran Cote Subject: FW: HAWTHORN Pond project From: Tom Bennis [mailto:Tbennis@mnext.com] Sent: Thu 8/9/2007 9:09 AM To: Council Members Subject: HAWTHORN Pond project Council members, Page 1 of 1 Hello My name is Tom Bennis I Live at 17625 3rd Av N Plymouth, The holding pond in the Hawthorn ponds neighborhood that the council is considering to approve at the next council meeting Is partly in my back yard I SUPPORT the proiect. I believe it is in the City Best interest to approve this Project ASAP so it can start treating the run off water from the new roads that are know being installed in Hawthorn Ponds project. Note: I would like to Thank All of the council members for approving the Hawthorn ponds road reconstruction project. I know the majority of the residents appose and gave the members of the council a hard time on this project The council did the RIGHT THING by approving the project in my opinion. Thomas R. Bennis City Desk Sales North Country Distributors, Inc. 8600 Jefferson Hwy P.O.Box 266 Osseo MN 55369-0266 763-391-5583 8/14/2007 CITVQF`PjL'-y'MOt CITY COUNCIL AGENDA REPORT DATE: August 9, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Daniel K. Campbe' 1, r. Engineering Technician SUBJECT: APPROVE STIPULATION OF SETTLEMENT AND ORDER FOR PERMANENT AND TEMPORARY RIGHT-OF-WAY FERNBROOK LANE - STREET AND SIGNAL IMPROVEMENTS PROJECT CITY PROJECT NO. 1013 ACTION REQUESTED: Make a motion to adopt, the attached resolution approving Stipulation of Settlement and Order for permanent and temporary right-of-way associated with the above project. BACKGROUND: Fernbroolc Lane between 27th Avenue and 34th Avenue is currently being reconstructed. In order to construct the improvements, permanent and/or temporary construction easements are required from 20 separate parcels adjacent to the corridor. Parcel numbers are identified on the right-of-way plan prepared for the project. The City attorney's office is negotiating with the four remaining affected property owners for the necessary easements. An Acquisition Agreement has been reached for the following parcel and requires City Council approval: Parcel No. 19 (PIN 22-118-22-33-0003): This property is located at 2720 Fernbroolc Lane North and requires permanent and temporary construction easements, with total compensation being offered in the amount of $96,000. To date, including the above parcel, we have acquisition agreements with 17 of the 20 total. parcels. Fourteen of the agreements have been made since the council authorized the use of Eminent Domain on Nov. 28, 2006. These 17 parcels represent $942,258 in right-of-way acquisition costs. Parcel No. 19 was included in the petition for the eminent domain proceedings which was filed with the court on March 12, 2007. Upon City Council approval of this acquisition agreement, the City Attorney will be directed to notify the court of the dismissal of this property from the petition. O:\Engineering\PROJECTS\2000-2009\1013\Memos\CC_AcquisitionAgmt_1013 No_19.doc SUBJECT: APPROVE ACQUISITION AGREEMENTS FOR PERMANENT RIGHT-OF- WAY AND TEMPORARY CONSTRUCTION EASEMENTS FERNBROOK LANE - STREET AND SIGNAL IMPROVEMENTS PROJECT Page 2 RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving Stipulation of Settlement and Order for Parcel No. 19 (PIN 22- 118-22-33-0003) in the amount of $96,000 and authorizing the Mayor and City Manager to sign the agreement. attachments: Letter Stipulation of Settlement and Order Map Resolution 09EngineeringTROJECTS\2000-2009\1013\Memos\CC_AcquisitionAgmt_1013 No_I9.doc Thomas J. Campbell Roger N. Knutson Thomas M. Scott Elliott B. Knetsch Joel J. Jamnik Andrea McDowell Poehler Soren M. Mattick John F. Kelly Henry A. Schaeffer, III Alina Schwartz Samuel J. Edmunds Marguerite M. McCarron 1380 Corporate Center Curve Suite 317 , Eagan, MN 55121 651-452-5000 Fax 651-452-5550 www.ck-law.com Professional Association August 9, 2007 Mr. Dan Campbell City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447-1482 Re: City of Plymouth vs. First Industrial, L.P., et al. Parcel 19, Novak Enterprises, LLC, 2720 Fernbrook Lane North District Court File No. 27 -CV -06-22483 Dear Dan: Enclosed please find a copy of the Stipulation of Settlement relating to the Novak Enterprises, LLC parcel. The Stipulation provides for a payment of 96,000.00 as total compensation for the pennanent and temporary easements the City is acquiring over this parcel. The City will additionally reimburse Novak Enterprises for appraisal costs in the total amount of $5,000.00. We recommend approval of the settlement. The City's appraisal is in the amount of $58,000.00. Novak Enterprises obtained an appraisal from an experienced, reputable appraiser in the amount of $133,000.00. Considering the above appraisal information, the proposed settlement of $96,000.00 is reasonable and again we recommend approval. Please call if you have any questions. TMS:cjh Enclosure Best regards, Campbell Knutson Profes ioizal Association VBy: - Thomas M. Scott STATE OF MINNESOTA COUNTY OF HENNEPIN City of Plymouth, a Minnesota municipal corporation, VS. First Industrial, L.P., et al., Petitioner, Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. 27 -CV -06-22483 STIPULATION OF SETTLEMENT AND ORDER PARCEL 19—NOVAK ENTERPRISES, LLC The Petitioner City of Plymouth above named, by and through its undersigned counsel and Respondent Novak Enterprises, LLC, by and through its undersigned counsel, pursuant to Minnesota Statutes Section 117.185, hereby stipulate that they have negotiated a settlement for the acquisition of an easement as defined in the Petition. Pursuant to the "quick take" condemnation process, on or about March 27, 2007, Petitioner deposited with the District Court Administrator the sum of $49,100.00, the Petitioner's approved appraised valued for the property identified as Parcel 19 (Novak Enterprises, LLC). The parties hereto stipulate and agree that a total payment of $96,000.00 to Respondent Novak Enterprises, LLC as set forth below represents full and final payment for any and all claims relating to the acquisition by Petitioner of the temporary construction easements and permanent easements for public street and utility purposes as described in the Petition as Parcel 19, including reimbursement for interest, attorney's fees, costs and disbursements. The City will additionally reimburse Novak Enterprises, LLC for appraisal costs in the total amount of $5,000.00. 133263 By Court Order dated April 2, 2007, the quick take deposit of $49,100.00 together with any accrued interest was paid to Respondent Novak Enterprises, LLC. Within ten (10) days of the City's approval of the settlement, the City will issue a check in the amount of $46,900.00 together with the $5,000.00 appraisal reimbursement, payable to Novak Enterprises, LLC" which shall constitute full payment of the balance of the settlement amount. Said check shall be mailed to Harry A. Frankman, Leland J. Frankman Law Offices, 2000 US Bank Plaza, 220 South Sixth Street, Minneapolis, Minnesota 55402, attorney for Respondent Novak Enterprises, LLC. The parties further stipulate that upon payment of the amounts due hereunder, the City may file its Final Certificate, a copy of which is attached hereto as Exhibit A, and upon filing said Final Certificate these proceedings shall be concluded. CAMPBELL KNUTSON Professional Association Date: , 2007 By: Thomas M. Scott, #98498 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 651-452-5000 Attorneys for Petitioner LELAND J. FRANKMAN LAW OFFICES Dated: , 2007 By: Harry A. Frankman, #0310955 2000 US Bank Plaza 220 South Sixth Street Minneapolis, Minnesota 55402 612-375-1600 Attorneys for Respondent Novak Enterprises, LLC 133263 2 The above Stipulation is hereby incorporated in this Order of the Court. BY THE COURT: Dated: , 2007 The Honorable Lloyd B. Zimmerman Judge of District Court 133263 3 EXHIBIT "A" TO STIPULATION OF SETTLEMENT STATE OF MINNESOTA COUNTY OF HENNEPIN City of Plymouth, a Minnesota municipal corporation, vs. First Industrial, L.P., et al., Petitioner, Respondents. DISTRICT COURT FOURTH JUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. 27 -CV -06-22483 FINAL CERTIFICATE PARCEL 19—NOVAK ENTERPRISES, LLC IN THE MATTER OF THE CONDEMNATION OF CERTAIN LAND FOR PUBLIC PURPOSES FINAL CERTIFICATE AS TO PARCEL 19 NOVAK ENTERPRISES, LLC By authority of Minnesota Statutes Section 117.201, I hereby certify that the rights herein. described have been taken by the City of Plymouth in eminent domain proceedings in conformity with the requirements of Chapter 117 of said statutes; that the Petitioner and Respondent Novak Enterprises, LLC, have negotiated a settlement detennining full. compensation for damages sustained by the Petitioner's taking; that all damages have been paid by the City of Plymouth to Respondent Novak Enterprises, LLC; that said proceedings, as they relate to Parcel 19 (Novak Enterprises, LLC) in the above matter, are now complete and that the City of Plymouth now holds an easement interest for public street and utility purposes in the lands situated in the 133263 4 County of Hennepin, State of Minnesota and legally described on Exhibit A attached hereto and made a part hereof by reference. Dated: 52007. CAMPBELL KNUTSON Professional Association By: Thomas M. Scott, #98498 Attorneys for Petitioner 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, Minnesota 55121 THE ABOVE CERTIFICATE IS HEREBY APPROVED AND THE COUNTY RECORDER AND/OR REGISTRAR OF TITLES IS HEREBY ORDERED TO ACCEPT A CERTIFIED COPY OF THE SAME FOR FILING WITH THE RECORDS OF HENNEPIN COUNTY, MINNESOTA, OR CERTIFICATES OF TITLE COVERING THE ABOVE-DESCRIBED REAL PROPERTY, IF ANY. Dated: 2007. BY THE COURT: The Honorable Lloyd B. Zimmerman Judge of District Court THIS INSTRUMENT WAS DRAFTED BY: Campbell Knutson Professional Association Suite 317 1380 Corporate Center Curve Eagan, Minnesota 55121 TMS:cjh 133263 5 EXHIBIT A" Parcel 19 - Owner: Novak Enterprises, LLC P.I.N. 22-118-22-33-0003 Abstract Property A perpetual easement for street and utility purposes over, under, across and through the West 7.0 feet of Lot 3, Block 1, INDUSTRIAL PARK 494, according to the recorded plat thereof. Together with a perpetual easement for street and utility purposes over, under, across and through the East 10.0 feet of the West 17.0 feet of the North 98.0 feet of said Lot 3. A temporary easement for construction purposes over, under, across and through the East 5.0 feet of the West 22.0 feet of the North 98.0 feet of said Lot 3. Together with a temporary easement for construction purposes over, under, across and through the East 27.25 feet of the West 49.25 feet of the North 55.0 feet of said Lot 3. Together with a temporary easement for construction purposes over, under, across and through that part of the East 4.0 feet of the West 11.0 feet of said Lot 3 lying southerly of the North 98.0 feet thereof. Together with a temporary easement for construction purposes over, under, across and through the East 20.5 feet of the West 31.5 feet of the South 39.0 feet of said Lot 3. Said temporary easement will commence on February 1, 2007 and expire on October 31, 2008. 21 months) 133258 I 1 O I I I I zI , I , 1 w I I I w ' I EXISTING TRAIL EASEMENT Q EXISTING R/W- EXISTING D&U TEMPORARY EASEMANT CV FERNBROOK LANE 7'-1 41 17' 5'J ' 30.46' 2722 FERNBRO LANE N. PROPOSED EASEMENT 1I I LEGEND DENOTES PERMANENT EASEMENT AREA= 2299 SQ.. FT. 100 0 100 DENOTES TEMPORARY EASEMENT Boole reef AREA= 3194 SQ. FT. PARCEL 19 FERNBROOK LANE WIDENING Consulting Group, Inc. S.P. NUMBER 155-164-013 5662 P.I.N. NUMBER 21-118-22-33-0003 6/3012006 CITY OF PLYMOUTH NOVAK ENTERPRISES, L.L.C. CITY OF PLYMOUTH RESOLUTION NO. 2007 - APPROVAL OF STIPULATION OF SETTLEMENT AND ORDER FOR PARCEL NO. 19 (PIN 22-118-22-33-0003) FERNBROOK LANE IMPROVEMENTS CITY PROJECT NO. 1013 WHEREAS, a Stipulation of Settlement and Order has been prepared between the City and Novak Enterprises, LLC, owners of Parcel No. 19 (PIN 22-118-22-33-0003), for the acquisition of permanent and temporary construction easements; and WHEREAS, for full compensation for conveyance of said property, the City of Plymouth shall pay the owners the sum of $96,000 for land and damages; and WHEREAS, said Stipulation of Settlement and Order has been signed by the owner and it is recommended for approval to the City Council; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the Stipulation of Settlement and Order for Parcel No. 19 PIN 22-118-22-33-0003) between the City and Novak Enterprises, LLC is approved, and the Mayor and City Manager are authorized to sign the agreement on behalf of the City. Adopted by the City Council on August 14, 2007. 0AEngineeringTROJECTS\2000 - 2009\1013\Resol\AuthPurchAgree_PARCEL_19_1013_Res.doc CITY QF PIYMOUTH CITY COUNCIL AGENDA REPORT DATE: August 1, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager through Doran Cote, Director of Public Works FROM: Derek Asche, Water Resources Manager % SUBJECT: WETLAND REPLACEMENT PLAN APPLICATION FOR BASSETT CREEK OFFICE CENTRE (2006111) SE 1/4, NW 1/4 SECTION 36 T118 R22W ACTION REQUESTED: Make a motion to adopt the attached resolution approving the Wetland Replacement Plan Application for the proposed Bassett Creels Office Centre development. BACKGROUND: Industrial Equities, LLP has submitted a Wetland Replacement Plan Application for the proposed Bassett Creels Office Centre development on approximately 13.38 -acre site located south of 10th Avenue North and north of State Highway 55 (Figure One). The project will include 150,000 square feet of commercial office building along with the associated surface and underground parking, utilities, storm water quality ponds, landscaping, and replacement wetland. Four wetland basins, for a total of 1.82 acres, were identified on this site. The project proposes to impact 0.89 acres of the wetland area. The replacement plan will be on-site with at least 0.90 acres of New Wetland Credit (NWC) and 0.89 acres of Public Value Credit (PVC) providing at least the required minimum of a 2 to 1 ratio as outlined in the following table: A detailed Wetland Delineation Report, Sequencing, and Replacement Plan has been submitted with the application per WCA rules. The Replacement Plan Application was submitted, however, no 0:\Engineering\DEVLMNTS\2006\20061 11\MEMOMwetland 200611 ICC.doc Basin Note Impacted IRequired Required Size (acres) Area (acres) New Wetland Public Value Credit (acres) Credit (acres) Basin A 0.94 on site . 0.89 0.89 0.89 Basin B 0.86 on site None None None Basin C 0.02 on site None None None Basin D offsite Total 1.82 0.89 0.89 0.89 New Wetland Credit: 0.90 acres w O W Public Value Credit: 0.89 acres Wetland Buffer) W Z) Total Proposed 1.79 acres Mitigation 4 A detailed Wetland Delineation Report, Sequencing, and Replacement Plan has been submitted with the application per WCA rules. The Replacement Plan Application was submitted, however, no 0:\Engineering\DEVLMNTS\2006\20061 11\MEMOMwetland 200611 ICC.doc comments were received by the July 31" deadline from the Bassett Creek Watershed, Minnesota Department of Natural Resources, or the Army Corps of Engineers. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving the Wetland Replacement Plan Application for the proposed Bassett Creek Office Centre. attachments: Figure Resolution 0:\Engineering\DEVLMNTS\2006\20061I1% EMOS\wetland 2006111CC.doc Figure 3. 2004 Aerial Photograph 6 Finn Daniels Architects Site Plymouth, MinnesotaC" GES Project No. 2006.060 Graham Environmental Services, Inc. RESOLUTION NO. 2007 - APPROVING WETLAND REPLACEMENT PLAN APPLICATION FOR BASSETT CREEK OFFICE CENTRE (2006111) NW % SECTION 36 T118 R22 WHEREAS, Industrial Equities, LLC is proposing to fill wetlands for construction of the proposed Bassett Creek..Office Centre development; and WHEREAS, there are no reasonable alternatives for the location of this development; and WHEREAS, a Replacement Plan Application has been prepared that proposes to replace the impacted wetlands on-site and in kind at a 2 to 1 ratio which is required by the Wetland Conservation Act; and WHEREAS, the Sequencing. Findings of Fact have been prepared for this project; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The filling of wetlands and the Replacement Plan Application for the Bassett Creek Office Centre development is approved subject to the following conditions: 1. The applicant shall submit a copy of the contract made with an appropriate party to complete the WCA replacement wetland monitoring requirements. 2. The replacement wetland must be monitored for a five (5) year period from the date of completion and the monitoring plan must include a section on management of upland buffer, wetland vegetation, wetland hydrology, , tree management and invasive plant control such as buckthorn and reed canary grass. 3. The developer's wetland consultant shall submit an annual monitoring report to the City of Plymouth on the anniversary date. of the completion of the replacement wetland for a period of five (5) years containing information required in WCA rule 8420.0620, and those required in condition number two. 4. Prior to disturbing any wetland area, the developer shall submit a letter of credit in the amount of the cost of the Replacement Plan. The letter of credit shall extend until completion of the five year monitoring period. If during the five year period the replacement wetland does not perform as proposed in the plan, work as necessary shall be undertaken by the developer to bring it into conformance. 5. The developer's wetland consultant shall conduct and record periodic inspections during the construction of all the newly created wetland basins. 6. The replacement wetland must be constructed concurrently with site grading. O:\Engineeri ng\DE VLMNTS\2006\20061 I I \RES OU20061 I I _approve_wetl and_replacement_plan_app.doc 7. A deed creating a restrictive covenant running with the land for the replacement area must be recorded. The deed shall be submitted to the City for approval before recording. 8. The developer shall comply with the City of Plymouth Ordinance 95-2 (Wetland Buffer Standards). FURTHER BE IT RESOLVED; That the Mayor is authorized to execute the Wetland Replacement Plan Application for the Bassett Creek Office Centre development. Adopted by the City Council on August 14, 2007. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Cleric O:\Engincering\DEVLMNTS\2006\2006111\RESOL\2006111 approve wetland_replacement_plan_app.doc R Agenda Number: ,,- CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Ejan, Building Official, through Steve Juetten, Community Development Director SUBJECT: Fire Code Amendment DATE: August 2, 2007, for the City Council Meeting of August 14, 2007 1. PROPOSED MOTION: Adopt the attached ordinance amending City Code Section 905 relative to the Fire Prevention Code. 2. BACKGROUND: The Building Official is required to periodically update the City Code references to the State Fire Code, when such changes are formally adopted by the State. The proposed ordinance amendment is designed to bring Plymouth codes and references up to date, and in conformance with the new provisions set forth in the Minnesota Fire Code adopted by the State on July 10, 2007. 3. DISCUSSION: The proposed amendment is housekeeping in nature, simply changing the reference of the 2000 edition of the International Fire Code to the adopted 2006 edition of the International fire Code. 4. RECOMMENDATION: I recommend that the City Council adopt the attached ordinance amending Section 905.01 of the Plymouth City Code relative to Fire Prevention Code. ATTACHMENTS: 1. Draft Ordinance CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2007 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING BUILDING CONSTRUCTION REGULATIONS THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 905.01 of the Plymouth City Code is amended as follows: 905.01. State Fire Code. Subdivision 1. Minnesota State Fire Code Adopted. The Minnesota State Fire Code (20086 Edition of the International Fire Code) is hereby adopted as the fire code for the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the Minnesota State Fire Code, except as modified or amended by this Section, is hereby adopted and made a part of this Section as if fully set forth herein. (Ord. 94-18, 10/17/94; Ord. 2002- 30,1111212002; Ord. 2003-22, 07/22/2003) SECTION 2. This ordinance shall become effective upon its passage. ADOPTED by the City Council on this 14th day of August 2007. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk DATE: August 3, 2007 TO: Laurie Ahrens, City Manager FROM: Eric J. Blank, Director, Parks and Recreation through Mark Peterson, Superintendent of Parks SUBJECT: 2007 PARK IMPROVEMENT PROJECTS ACTION REQUESTED: City Council should approve the attached resolution authorizing the Director of Parks and Recreation to proceed with park improvement projects. These improvement projects would include the archery range at Plymouth Creek Playfield and redoing the basketball courts at Elm Creek Playfield. BACKGROUND INFORMATION: At their April 10, 2007 City Council Meeting, the Council adopted the 2007 , 2011 Capital Improvement Plan. The plan calls for a number of park projects to be completed in 2007. At this time, staff is requesting authorization to proceed with two projects that are currently outlined in the Capital Improvement Plan. The two projects are. shown below with their estimated cost and source of funding. PROJECT LOCATION COST FUNDING Archery Range Plymouth Creek 20,000.00 Grant Playfield 10,000.00 Park Replacement 35,000.00 Park Dedication Basketball Court Elm Creek Playfield 20,000.00 Park Replacement ARCHERY RANGE: The archery range was forced to close in 2006 due to arrows traveling out of the site. It has been in existence for 25 years. The newly proposed range would be in the same location with a baffling system that keeps arrows from exiting the range. This range mirrors the Eden Prairie range recently constructed. We did find that our range is 1/3 longer or 20 yards farther than Eden Prairies. This has increased the range cost by an additional $25,000.00. The funding proposed is $65,000.00 from the funds identified above. ALTERNATIVE: The alternative would be to close the range permanently. BASKETBALL COURT: The Elm Creek Playfield basketball court is a renovation project. Currently we have had to remove two existing standards due to heaving which leaves four up at this time. We also have heaving of the fences and severe cracking of the asphalt surface. The funding proposed is 20,000 from the Park Replacement Fund. ALTERNATIVE: The alternative would be to not repair the courts until a point is reached that we remove them completely or redo at a later date. RECOMMENDATION: Staff recommends the City Council authorize the Director of Parks and Recreation to proceed with the two projects listed above in accordance with the adopted Capital Improvement Plan. MP/kmh CITY OF PLYMOUTH RESOLUTION 2007 - Approving Park Improvement Projects for 2007 WHEREAS, the City has an approved 2007 — 2011 Capital Improvement Program, and WHEREAS, the Director of Parks and Recreation has recommended approval of the two projects at this time, and NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the Director of Parks and Recreation is authorized to proceed with the park projects as outlined in this memo and FURTHER that the projects will be funded in accordance with the Capital Improvement Plan. Adopted by the City Council on Agenda Number:6e-, 9 xx::x:::x::xxx_x__............................ .......... . .... . ...... . ..... . ......... z. - •• - -- MH TO: Mayor and City Council FROM: Laurie Ahrens, City Manager SUBJECT: Authorize TwinWest Chamber of Commerce Dues DATE: July 25, 2007, for City Council meeting of August 14, 2007 1. ACTION REQUESTED: Adopt the attached resolution authorizing payment of annual membership to the TwinWest Chamber of Commerce. 2. BACKGROUND: The City of Plymouth has been an associate member of the TwinWest Chamber of Commerce since 1982. Itis time for the annual dues renewal, and the City Council should consider whether the City should continue to hold membership in this organization. In 2002, the State Auditor issued an Investigative Report to the City of Brooklyn Park regarding several issues. One of the issues questioned was the legality of a city paying dues to a local chamber of commerce. In response to the Report, the League of Minnesota Cities General Counsel noted that Minnesota Statutes 469.187,-469.189 gives cities the authority to expend city funds to advertise the "resources and advantages" of the community. While there is no explicit statutory authority to pay dues to a Chamber of Commerce, it can be argued that the purpose of the Chamber is to promote the city's resources and advantages. In effect, the membership in the Chamber could be viewed as a contract between the city and the chamber to promote the city. In addition, courts accord a fair amount of deference to a City. Council's decision on spending decisions. Therefore, it is appropriate that the City Council specifically considers the issue of chamber membership and makes its decision based on whether there is a public purpose served by the membership. 3. ALTERNATIVES: The City Council can discontinue membership in the TwinWest Chamber. 4. DISCUSSION: The City's annual dues for membership in the TwinWest Chamber of Commerce are $550. The organization serves a public purpose by advertising the resources and advantages of the community, by offering the City affordable training opportunities, and by providing forums for the City to communicate with local businesses. 5. BUDGET IMPACT: There are sufficient funds in the 2007 budget to continue membership in the TwinWest Chamber of Commerce. 6. RECOMMENDATION: I recommend that the Council adopt the attached resolution approving dues payment to the TwinWest Chamber of Commerce. CITY OF PLYMOUTH RESOLUTION 2007 - AUTHORIZING PAYMENT OF DUES TO THE TWINWEST CHAMBER OF COMMERCE WHEREAS, Minnesota Statutes 469.187 — 469.189 give authority to expend city funds to advertise the resources and advantages of the community and the TwinWest Chamber helps serve this function for Plymouth; and WHEREAS, the Chamber of Commerce offers the City affordable training opportunities and provides forums for the City to communicate with local businesses. NOW THEREFORE, be it resolved that the Plymouth City Council finds that membership in the TwinWest Chamber of Commerce serves a public purpose and that a dues payment of $550 is approved for the period October 1, 2007, through September 30, 2008. Adopted by the Plymouth City Council on August 14, 2007. CITY OF PLYMOUTH CITY COUNCIL; A"GENDA REPORT DATE: August 1, 2007 for the City Council Meeting of August 14, 2007 TO: Laurie Ahrens, City Manager FROM: Doran Cote, Director of Public Works SUBJECT: APPROVE JOINT PROJECT AGREEMENT FOR COUNTY ROAD 9/61 EROSION REPAIR PROJECT CITY PROJECT NO. 4135 ACTION REQUESTED: Make a motion to adopt the attached resolution approving the Joint Project Agreement and ordering plans and specifications for the County Road 9/61 Erosion Repair Project, City Project 4135. BACKGROUND: On June 17, 2007, the City Council approved the County Road 9/61 Erosion Repair Project Preliminary Engineering Report prepared by Bonestroo, Rosene, Anderlik and Assoc., Inc (BRA). The goals of this project are to reduce erosion in the drainageway and prevent the flow from a 1% frequency storm event from using the easterly box culvert under County Road 9, which encloses the regional" trail. The report was prepared to determine the feasibility and most cost effective method to reduce erosion occurring along the drainageway east of County Road 61 between County Road 9 and 42" d Place North. In 2004 the City, Three Rivers Park District and Hennepin County combined forces to create a holding pond on the south side of Co. Rd 9 to reduce the sediment that was eventually being carried into Medicine Lake from this eroding drainageway. Three Rivers Park District and Hennepin County also built a berm on the north side of Co. Rd 9 between the box culverts under Co. Rd 9. The berm has successfully kept the channel flows and sediment from getting into the easterly box culvert with the paved regional trail. The existing channel currently does not have the capacity to handle the flows it receives. Lack of capacity combined with the channel's steep grade has resulted in significant erosion, which has left steep unstable side slopes and channel bottom. The report evaluated the most cost effective solution to eliminate excessive erosion in the drainageway. Initially, nine options were considered and rough cost estimates determined for each. All nine options were described in the report. Prior to final development of this report, meetings were held between the City, Three Rivers Park District, and Hennepin County staff to discuss each of the options with the goal of determining which options to analyze in more detail. APPROVE JOINT PROJECT AGREEMENT FOR COUNTY ROAD 9/61 EROSION REPAIR PROJECT Page 2 After review of the pros and cons of all of the options, the following four options were chosen for further analysis. Option 1 Grade control Option 2A Water quantity pond with grade control Option 2B Water quantity pond with additional water quality and grade control Option 3 Modify existing Rockford Road Plaza Pond and add on-site water quality pond with grade control The report recommended and on June 17, 2007, the City Council approved proceeding with Option 1 - Grade Control. Option 1 is the most economical with the total estimated cost including engineering contingencies and administrative costs of $308,705. Although Option 1 is the preferred option, upon further analysis the Three Rivers Park District believes additional channel improvements downstream of County Road 9 are warranted to reduce the chance for stormwater entering the eastern box culvert and they have requested that these additional improvements be included with the project at an additional cost of $100,000. Throughout the end of 2006 and 2007 the City and Three Rivers Park District have been negotiating a Memorandum of Understanding (MOU) for the project. On July 10, 2007, the City Council was presented a draft Joint Project Agreement for discussion. On July 19, 2007, the Intergovernmental Committee of the Three Rivers Park District approved a revised Joint Project Agreement which reflected most of the modifications recommended by the City. Although both parties agree with Article H of the agreement, both staffs recommend deleting the underlined portion since the contributing drainage area heavily favors the City (93% to 7%) and both staffs suggest managing the cost distribution would be difficult. All other provisions are acceptable and the agreement is recommended for approval. BUDGET IMPACT: The 2007 — 2011 Capital Improvements Program (CIP) identifies $425,000 as the total project cost. Funding of $198,000 will be from a State of Minnesota Board of Water and Soil Resources (BWSR) Clean Water Legacy grant and the remainder from the Water. Resources Fund. The total estimated project cost for Option 1, Grade Control, including engineering, administration and contingencies is $308,705. The Three Rivers Park District is willing to contribute anadditional 100,000 toward the total project cost for the downstream improvements. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving the Joint Project Agreement and ordering plans and specifications for the County Road 9/61 Erosion Repair Project including the downstream improvements, City Project No. 4135. attachments: Map Joint Project Agreement Resolution 0AEngineeringTROJECTS\2000 - 2009\4135\Memos\CC_ApproveJointAgree.doc JOINT PROJECT AGREEMENT JOINT PROJECT AGREEMENT. BETWEEN THREE RIVERS PARK DISTRICT, THE CITY OF PLYMOUTH, AND HENNEPIN COUNTY CONCERNING IMPROVEMENTS TO LAND FOR REPAIR AND REHABILITATION OF PARK DISTRICT LAND DESCRIBED AS THE CITY OF PLYMOUTH COUNTY ROAD 61 AND COUNTY ROAD 9 EROSION REPAIR PROJECT. RECITALS This Joint Project Agreement is entered into by and between Three Rivers Park District, a political subdivision under the laws of Minnesota, the City of'Plymouth, a municipal corporation under the laws of Minnesota, and Hennepin County, a political subdivision under the laws of Minnesota. WHEREAS, the City of Plymouth (the "City") and Three Rivers Park District (the Park District") desire to coordinate and cooperate in all aspects, to make improvements to provide substantial water quality benefits for the City, Park District, watershed, and Medicine Lake by resolving the erosion of the stormwater channel north of County Road 9, and minimize sediment accumulation on Park District Medicine Lake Regional Trail property, and within Clifton E. French Regional Pa rk; WHEREAS, the City and the Park District desire to enter into agreement to implement stormwater improvements for the Park District Parcels; WHEREAS, the Park District owns certain lands which are described as the Medicine Lake Regional Trail Corridor and Clifton E. French Regional Park; WHEREAS, the City is in need of Park District property for permanent and temporary stormwater construction improvements and for conveyance of stormwater; WHEREAS, Hennepin County (the "County") is party to this agreement and will relinquish all operation and maintenance responsibilities for the westernmost box culvert to the City for conveyance of stormwater; THEREFORE, BE IT RESOLVED, that the Park District, City, and the County enter into this Joint Project Agreement in order to resolve outstanding issues relating to the improvement project and confirm the understanding that upon agreement of these issues, the project will be completed. TERMS AND CONDITIONS A. The Project The Project shall consist of the planning, design, construction, and maintenance of work described in Option 1 of the feasibility report for the County Road 9/County Road 61 City of Plymouth erosion. repair project prepared by Bonestroo Rosene Anderlik & Associates (Bonestroo) together with work described in Bonestroo's July 20, 2006 memorandum, together with stormwater improvements south of County Road 9 including a new pipe between ponds located on Park District property directly south of County Road 9, cleaning of the same ponds, excavation of the channel between said ponds to Medicine Lake, and deposition of excess construction excavation material within the project area. B. Planning and Design The City will contract for and complete all necessary planning and design work for the Project. City shall be responsible for the selection of design professionals to complete all planning and design work. City shall submit all design and construction plans to the Park District for Park District's review and approval, provided, however, that Park District's review and approval shall not be unreasonably delayed or withheld. C. Construction The City shall be responsible for all construction work for the Project including construction supervision. D. Costs. The City shall be responsible for all planning, design and construction costs' for the Project except that Park District shall pay the planning, design and construction costs incurred by either party for areas south of County Road 9 estimated ata cost of One Hundred Thousand Dollars ($100,000). If the bids received for the project exceed the funds available, the City and the Park District will have the option to mutually agree whether to proceed with the improvements. E. Permits The City shall be responsible for securing all necessary regulatory approval and work permits. The Park District will grant an encroachment permit for the Project, to the City, at no cost, for construction work on Park District lands. F. Box Culvert Upon successful completion of the Project, the Park District shall convey ownership of the westernmost box culvert under County Road 9 to the City at no cost. G. Easements The City will prepare separate stormwater easements for all Park District lands designed to receive stormwater following construction of the Project based upon negotiated easement requirements. Easements, including an Operations and Maintenance Plan, for the Project will be prepared for execution by the -City Manager, Park District Superintendent, and governing bodies prior to the start of construction. The City agrees to'relinquish any/all currently held stormwater conveyance permits or easement granted to them by the Park District in the Project area. The Park District agrees to convey to the City any stormwater conveyance permits or easements needed for the project at no cost to the City. H. Maintenance City shall be responsible for routine maintenance and operation of all Project improvements, conveyance, and drainage structures, and culverts excluding the easternmost box culvert under County Road 9. Costs incurred for said maintenance south of County Road 9 shall be shared between the Park District and the City based on the percentage of land area which contributes drainage in the local watershed. I. Construction Excavation The Park District agrees to accept clean, common excavation and muck excavation associated with the Project as fill material within the Project area north or south of County Road 9 upon review and approval by Park District staff of the grading plans prepared by the City at no cost to the Park District. J. Signage The Park District and City agree to install permanent interpretive signage for public information purposes describing the water quality improvements to the Watershed and Medicine Lake realized as a result of the Project either as part of the Project or subsequent to the Project. Said signage installation and maintenance will be at Park District expense. K. Restoration Any damage to Park District property caused by or as a result of construction shall be restored to its pre -construction condition. L. Grants The City may defray its planning, design and construction costs through grants from third parties. without affecting Park District financial contribution. M. Performance The parties shall be responsible for performance of the Project as follows: 1. Each party shall be responsible for construction performed by it. 2. The City shall be responsible for design of the Project. 3. The City shall be responsible for repair of erosion or failure of the Option 1 improvements associated with the Project which occurs post - construction on Park District lands including south of County Road 9. 4. The City shall be responsible for grading and establishing permanent vegetative cover as part of the Project, as defined in Sections 6.20 to 6.25 of the. MPCA Manual "Protecting Water Quality in Urban Areas," on Park District property disturbed during construction. 5. The City shall be responsible for development and implementation of an Operation and Maintenance Plan for the stormwater facilities constructed for the project. The City shall be responsible for routine cleaning of ponds south of County Road 9 caused by sediment carried from north of County Road 9. The Operation and Maintenance Plan shall include an inspection schedule checklist, maintenance of original conveyance channel dimensions, stabilization of eroded slopes and other components described in Chapter 12. of the "Minnesota Stormwater Manual." 6. The City, to the extent permitted by their rules and ordinances, shall control development or redevelopment within the local watershed in order to limit stormwater runoff to rates, volume and velocities defined in stormwater drainage easements to be negotiated pursuant to Section G of this Joint Project Agreement. 7. Each party shall be responsible for damage and performance failures related to responsibilities assigned to that party. 8. The Park District may provide and install plant materials as visual screening along the regional trail north of County Road 9. N. Hennepin County The parties will release Hennepin County from all operation and.maintenance responsibilities for the westernmost box culvert under County Road 9. CITY OF PLYMOUTH THREE RIVERS PARK DISTRICT By: By: Board Chair Date: Date: By: By: Superintendent and Secretary to the Board Date: Date: COUNTY OF.HENNEPIN By: By: Clerk of the County Board Vice -Chair of its County Board Date: Date: APPROVED AS. TO FORM: And: Assistant/Deputy/ County Administrator in Assistant County Attorney Date: APPROVED AS TO EXECUTION: By: Assistant County Attorney Date: And: Assistant County Administrator Public Works Date: Date: RECOMMENDED FOR APPROVAL By: Director, Transportation Department and County Engineer. Date: Date: EROSION REPAIR PROJECT City Project No. 4135 CITY OF PLYMOUTH RESOLUTION NO. 2007 - APPROVE JOINT PROJECT AGREEMENT AND ORDER PLANS AND SPECIFICATIONS FOR COUNTY ROAD 9 / 61 EROSION REPAIR PROJECT CITY PROJECT NO. 4135 WHEREAS, the City of Plymouth and Three Rivers Park District desire to coordinate and cooperate in all aspects to make improvements to provide substantial water quality benefits for the City, Park District, watershed, and Medicine Lake by resolving the erosion of the stormwater channel north of County Road 9, and minimize sediment accumulation on Park District Medicine Lake Regional Trail property, and within Clifton E. French Regional Park; and WHEREAS, the City and the Park District desire to enter into agreement to implement stormwater improvements; and WHEREAS, a Preliminary Engineering Report was prepared by the City's consulting engineer, Bonestroo, Rosene, Anderlik and Assoc., Inc., with respect to the County Road 9 / 61 Erosion Repair Project; and WHEREAS, said report was received by the Council on June 17, 2007; and WHEREAS, Option 1 was approved as the most cost effective method to reduce erosion in the drainageway and prevent the 1% frequency storm event from inundating the regional trails; and WHEREAS, the Three Rivers Park District desires to have and agrees to fund additional channel improvements downstream of County Road 9 included with the project. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That 1. The Joint Project Agreement is hereby approved. 2. Bonestroo, Rosene, Anderlik and Assoc., Inc. is ordered to prepare plans and specifications for the Erosion Repair Improvements, including downstream improvements. Adopted by the City Council on August 14, 2007. 0AEngineering\PR0JECTS\2000 - 2009\4135\Resol\Res_ApproveJointAgree_4135,doc STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Cleric and the Corporate seal of the City this day of City Clerk 0:\Engineering\PR0JECTS\2000-2009\4135\Resol\Res Approve7ointAgree_4135.doc