Loading...
HomeMy WebLinkAboutCity Council Packet 06-10-2008CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JUNE 10, 2008, 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 4.01 Proclamation to recognize Carlson's 70th Anniversary (Mayor Slavik) 4.02 Announcement of 5K Run on June 28 and Music in Plymouth on July 2 (Plymouth Civic League President Barbara Willis) 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 (Res2008-182) 6.03 Approve Registered Land Survey to subdivide property in the Plymouth Station development to create a separate parcel for the Taco Bell restaurant at 16855 County Road 24. Border Foods, Inc. (2008032 – Res2008-183) Regular Council Meeting 1 of 3 June 10, 2008 6.04 Approve Conditional Use Permit to allow an indoor commercial recreation use in the I-2 zoning district for property located at 9909 South Shore Drive. Komplete Academy. (2008041 — Res2008-184) 6.05 Approve plans and specifications and order advertisement for bids for Well No. 16 7114 — Res2008-185) 6.06 Adopt Ordinance amending Section 2020 of the City Code regarding notification to property owners for diseased or hazardous trees (Ord2008-16) 6.07 Repeal various policies and adopt Ordinance amending Section 200 of the City Code regarding City Council rules of procedure (Ord2008-17, Res2008-186) 6.08 Adopt Ordinance amending Section 9 of the City Code regarding dangerous weapons and facsimile firearms (Ord2008-18) 6.09 Adopt Ordinance amending Section 13 of the City Code regarding U-turns (Ord2008- 19) 6.10 Continue Conditional Use Permit and Site Plan Amendment consideration for an additional retail building to be called the "Shops of Plymouth Town Center" for property located at 3550 Vicksburg Lane North. Inland Commercial Property Management, Inc. (2007114) (Continued from May 27) 6.11 Continue consideration of Findings of Fact for denial of a Planned Unit Development amendment and Preliminary Plat to create 20 single family lots and one outlot from one existing outlot for property located west of Cheshire Parkway and north of 55th Avenue North. The Rottlund Company, Inc. (2008003) (Tabled from May 27) 7. PUBLIC HEARINGS 7.1 Authorize the purchase and resale of surplus property and dispensing with statutory requirements for review by the Planning Commission of the acquisition and disposal of property located at 14306 County Road 9 (Res2008-187) 8. GENERAL BUSINESS Regular Council Meeting 2 of 3 June 10, 2008 8.1 Consider Variance to the side yard setback for construction of a third stall garage addition for property located at 5125 Forestview Lane North. Donald and Dianne Salmela. (2008031 — Res2008-188) 8.2 Consider improvements to various streets (Tabled from May 27) 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Discuss evaluation criteria rankings for Recycling Proposals 10. ADJOURNMENT Regular Council Meeting 3 of 3 June 10, 2008 WHEREAS, Curt Carlson founded the Gold Bond'Stamp Company in and $55 loan, and in the late 1950s and early 1960s was able to buy Plymouth so he could develop the Minneapolis Industrial Park and a 1938 with only an idea 1,000 acres of land in home office; and WHEREAS, Curt Carlson located the Gold Bond Stamp Company's headquarters in Plymouth in 1962; and WHEREAS, in 1972, based on their shared vision of nurturing a community identity tied to a major musical event, Curt Carlson joined with Mayor Al Hilde Jr. to establish Music in Plymouth, an annual outdoor concert featuring the Minnesota Orchestra; and WHEREAS, the Gold Bond Stamp Company eventually became Carlson Companies and in 2006 shortened its name to Carlson, and has grown to become an international company that now includes numerous brands serving the travel, marketing, and hospitality sectors; and WHEREAS, Plymouth's history and growth is entwined with Carlson's and the community now embodies the vision that Curt Carlson promoted decades ago; and WHEREAS, as a company, Carlson has continued to honor Curt Carlson's legacy in Plymouth by supporting community -building efforts, including Music in Plymouth and the Plymouth Millennium Garden; and WHEREAS, the City of Plymouth and the community are proud to be connected to the excellence, leadership and success exemplified by Carlson as it celebrates its 70th Anniversary; NOW, THEREFORE, I hereby proclaim July 9, 2008, to be In the City of Plymouth and ask all citizens to join me in thanking Carlson and wishing the company continued, success in its business and philanthropic pursuits. V) eIli Slavik, Mayor Pagel 6.01 Proposed Minutes Special Council Meeting May 27, 2008 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 6:00 p.m. in the Medicine Lake Conference Room of City Hall, 3400 Plymouth Boulevard, on May 27, 2008. COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Black, Murdock, Willis, and Bildsoe. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Community Development Director ]uetten, Planning Manager Senness, and City Clerk Engdahl. Conditiona[ Use Permit and Site Plan Amendment for "Shops of Plymouth Town Center" at 2550 Vicksburg Lane North (Inland Commercial Property - 2007114) Mayor Slavik stated this item was tabled from the May 13 Council meeting in order to allow the Council to meet with the applicant to discuss potential tenants and building architecture for this development. Rick Plessner, from Inland Commercial Property, discussed with the Council their ideas and vision for this development. Listed below are suggestions that the Council made: 1. Incorporate the design of the new Hennepin County Library into this project. In addition, try to match the landscaping and hard surfaces with the library's site. 2. Use different elevations and rooflinc on the building. 3. Make the backside of the building (Vicksburg Lane side) look like the front of the building. In order to achieve this goal, the use of glass was suggested. 4. Construct green space on the south side of the building rather than parking spaces. This would make it an attractive place for people to gather. 5. Use of different materials on the building which would project a high quality design. 6. Construct entrances on the north and south sides of the building. 7. Discouraged the use of colored awnings on the building. 8. Construct a pedestrian walkway from Cub Foods to this site. 9. The landscaping in the parking lot needs to "plant friendly." For example, removing the larger, high curbs in order that trees can survive. 10. Incorporate the City Center Guidelines in this project. 11. Include a component for orientation to families. Mr. Plessner thanked the Council for their comments and suggestions as they try to design a development that is the best fit architecturally for this area. Community Development Director luetten stated this item is on tonight's regular Council Proposed Council Minutes 1 of t Special Meeting of May 27, 2008 Page 1 Meeting agenda with the requested action to continue it to the June 10, 2008 agenda. This would allow the applicant's architect the necessary time to review and incorporate the above comments and resubmit for staff review prior to that meeting. Adjournment Mayor Slavik adjourned the nieeting at 6:47 p.m. Sandra 1 Engdahl, 0 y Clerk Proposed Council Minutes 2 of 2 Regular Meeting of April 8, 2008 Page 2 Proposed Minutes Regular Council Meeting May 27, 2008 Mayor SIavik 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 May 27, 2008. COUNCIL PRESENT: Mayor SIavik, Councilmembers Hewitt, Stein, Black, Murdock, Willis, and Bildsoe. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein, City Engineer Moberg, Administrative Services Director Portner, Park and Recreation Director Blank, Fire Chief Kline, Community Development Director 7uetten, Planner Doty, and City Clerk Engdahl. Plymouth Forum There was no one present to address the Council. Presentations and Public Information Announcements 4.01) Presentation of New SWAT Vehicle by Plymouth Lions and Plymouth Crime and Fire Prevention Fund Billie Goodman, President of the Plymouth Crime and Fire Prevention Fund, along with fellow members and members of the Plymouth Lions Club, presented the new SWAT vehicle to the City_ Motion was made by Counciimember Bildsoe and seconded by Councilmember Black to adopt a Resolution Accepting the Donation of a Vehicle for the Police SWAT Team from the Plymouth Crime and Fire Prevention Fund (Res2008-172). With all members voting in favor, the motion carried. 4.02) Recognition of Clean Up Efforts of Boy Scout Troop 283 at Parkers Lake on April 26 The Council thanked Boy Scout Troop 283 for their cleanup efforts on April 26 at Parkers Lake. 4.03) Recognition of Planning Commissioner Frank Weir Mayor Slavik recognized Planning Commissioner Frank Weir, and thanked him for his years of service in various capacities with the City of Plymouth. Proposed Council Minutes 1 of 6 Regular Meeting of May 27, 2008 Page 3 Mayor Slavik announced that May is "Poppy Month." She thanked people who are in the military that are serving our country. Aneroval of Agenda Discussion on the Metropolitan Council's comments on the City's Comprehensive Plan and setting a fixture Study Session were added to the agenda under Reports and Staff Recommendations as item No's. 9.2 and 9.3 respectively. Motion was made by Councilmember Hewitt and seconded by Councilmember Bildsoe to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Item No. 6.04 was removed from the Consent Agenda and placed under General Business as item No. 8.01. Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to add the Consent Agenda that included the followingitems: encs: 6.01.) Minutes from the Regular Council Meeting of May 13, 2008. 6.02) Resolution Approving Disbursements for Period ending May 17, 2008 (Res2008-173). 6.03) Resolution Approving Stipulation of Settlement and Authorizing City Attorney to Sign Document for City Project No. 6108 (Res2008-174). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.01). 6.05) Resolution Approving a Site Plan for the City of Plymouth to allow Construction of a Pump House for Well No. 16 located at 12000 Old Rockford Road (2008016 — Res2008-175). 6.06) Ordinance Amending the Zoning Ordinance Concerning Mobile Signs (2008019 — Ord2008-13) and a Resolution Approving Findings of Fact for a Zoning Ordinance Text Amendment to Define and Prohibit Mobile Signs (2008019 — Res2008-176). 6.07) Resolution Approving a Site Plan Amendment to Construct a Multi -Purpose Park Building for the Plymouth -New Hope Little League Association at Zachary Playfield located at 4355 Zachary Lane (2008021 -- Res2008-177). 6.08) Resolution Awarding Contract for 28`h Avenue Lift Station Project (8108--Res2008- 178). Proposed Council Minutes 2 of 6 Regular Meeting of May 27, 2008 Page 4 6.09) Resolution Approving State of Minnesota Cooperative Construction Agreement between Department of Transportation the City of Plymouth for Highway 55 Culvert Replacement Project 7138 — Res2008-179). 6.10) Resolution Approving Asphalt Overlay Work for 2008 (Res2008-180). Motion carried to approve the Consent Agenda. Public Hearings 7.1) On -Sale Liquor and Sunday Liquor License applications from Red Robin International, Inc., d/b/a Red Robin America's Gourmet Burgers and Spirits, 2669 Campus Drive City Clerk Engdahl reported on the request of Red Robin International, Inc., for On -Sale Liquor and Sunday Liquor Licenses for Red Robin American's Gourmet Burgers and Spirits, 2669 Campus Drive, Mayor Slavik opened the public hearing for testimony. There being no one wishing to appear before the Council to give testimony, Mayor Slavik declared the public hearing closed. Motion was madeby_Councilmember Black, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving On -Sale Liquor and Sunday Liquor Licenses for Red Robin International, Inc., d/b/a Red Robin America's Gourmet Burgers and Spirits, 2669 Campus Drive Res2008-1 8 1). With all members voting in favor, the motion carried. General Business 8.01) Ordinance Amending Chapter 4 of the City Code concerning Rental Dwellings and an Ordinance Amending Chapter 9 of the City Code Concerning Public Peace and Safety Lisa Peilen, Director of Municipal Affairs, Minnesota Multi Housing Association, summarized her correspondence given to the Council. She stated their concern is if a juvenile violates State Statutes, would the property owners be held liable for behavior they have no knowledge, since the data would be private on the juvenile. City Attorney Knutson replied if there is a situation where the data isn't public, the City wouldn't use that as a "strike" against the landlord. Staff feels this type of situation would be very rare. Motion was made by C_ouncilmember Black, and seconded by Councilmernber Bildsoe, to adopt an Ordinance Amending Chapter 4 of the City Code Concerning.Rental Dwellings (Ord2008-14) and an Ordinance Amending Chapter 9 of the City Code Concerning Public Safety and Peace Ord2008-15 . With all members voting in favor, the motion carried. Proposed Council Minutes 3 of 6 Regular Meeting of May 27, 2008 Page 5 8.1) Conditional Use Permit and Site Plan Amendment for an Additional Retail Building for Property located at 3550 Vicksburg Lane North (Inland Commercial Property Management, Inc. — 2007114) Motion was made by Councilmember Bildsoe and seconded by Councilmember Black, to continue this item to Tune 10 or later if requested by the applicant. With all members voting in favor, the motion carried. 8.2) Plaa.npd Unit Development Amendment and Preliminary Plat for Property located West of Cheshire Parkway and North of 55th Avenue North (The Rottluod Company, Inc. — 2008003) Plam-ier Doty reported on the above request. Deb Ridgeway, with Rottlund Homes, answered questions regarding snow storage and removal. She stated that the City would be responsible for plowing, and the snow would be moved to the end of the private road and to the center of the island. If there isn't enough room, they would haul it off site. She explained the irrigation system in place to water the common areas, and the homeowners association would be responsible for the rain garden maintenance. Regarding the future of the homeowners association, a unanimous vote by the association would be required to dissolve it. Adequate funds are budgeted to maintain the various amenities in the development. The Council expressed the following concerns regarding this development: 1. Not adequate off-street parking in the development. Residents would need to utilize Fernbrook Lane (only one side of the street), which Glacier Vista residents currently utilize for off-street parking. 2. The necessity and maintenance of the private road in the development. 3. Public utilities located under the private road. 4. The effect on drainage in the development when residents replace their porous driveways. 5. Narrow width of the road going into the development. 6. Snow storage issue. 7. A very dense development for this property. 8. The setbacks aren't up to standards. 9. The responsibilities and future of the homeowners association. 10. Ample water pressure in this area for emergency purposes and irrigation systems. 11. The addition of another outlot to the city. Motion was made by Councilmember Hewitt and seconded by Councilmember Black to direct staff to prepare findings of fact consistent with denial for the June 10 Council_ meeting. With all members voting in favor, the motion carried. 8.3) Consider Improvements to Various Streets City Engineer Moberg reported on possible street improvements to 81h Avenue, 18th Ave Proposed Council Minutes 4 of 6 Regular Meeting of May 27, 2008 Page 6 Agenda Number: CITY FP 4OUTH' CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Cal Portner, Director Admin Svcs SUBJECT: Disbursements DATE: June 3, 2008 for the City Council Meeting June 10, 2008 6.02 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending May 31, 2008. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending May 31, 2008. Anchor Bank — Check Register General & Special Revenue Construction & Debt Sery Enterprise & Internal Service Housing & Redevelopment Authority Check Register Total . GRAND TOTAL FOR ALL FUNDS 523,788.66 240,254.97 753,834.19 3,422.26 1,521,300.08 1,521,300.08 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. Cal Portner Page 1 Invoice Expense Distribution for Period Ended 05.31.08 FUND 101 General Fund 188,875.58 201 Recreation Fund 7,265.73 202 Parker's Lake Cemetery Maint 0.00 203 Transit System Fund 324,874.85 204 Community Development Fund 0.00 205 Public Safety Grants 2,496.50 207 Economic Development Fund 0.00 208 Lawful Gambling 0.00 220 Comm Dev Block Grant Fund 276.00 250 HRA Section 8 Fund 3,422.26 251 HRA General Fund 0.00 401 General Capital Projects Fund 2,632.40 402 Minnesota State Aid Fund 0.00 404 Building & Equipment Rev. Fund 3,319.92 406 Park Replacement Fund 0.00 407 Infrasturcture Replacement Fund 0.00 408 Project Administration Fund 0.00 409 Park Construction 27,582.46 411 Capital Improvement Fund 0.00 421 Utility Trunk Fund 0.00 422 Improvement Project Construction 187,973.80 426 Shenandoah Administration 0.00 430 Public Safety Expansion 0.00 431 HRA Senior Apt. Constr Fund 0.00 440 Utility Trunk System Expansion 0.00 446 Water Sewer Construction 7,735.07 447 Enterprise -Other Construction 0.00 471 TIF # 7-2 O.S. (Const) 0.00 472 TIF # 7-3 P.O.S. (Const) 0.00 473 TIF #7-4 P.T.P (Const) 1,153.19 474 TIF Dev. Exp. Bonds 95 (Const) 0.00 475 TIF # 7-5 Rottlund (Const) 1,153.19 476 TIF #7-6 Continental (Const) 1,153.19 478 TIF #7-7 Stonecreek ('Const) 1,153.19 479 TIF #7-8 Shops @ Plymouth Creek 11153.19 480 TIF HRA Senior Apt. Constr. Fund 4,092.18 481 TIF HRA 1-3 Crossroads Station 1,153.19 501 Water Fund 72,609.97 502 Sewer Fund 14,557.76 503 Solid Waste Management Fund 3,900.10 504 Ice Center Fund 51,272.72 505 Water Resources Fund 68,794.51 507 Field House Fund 3,034.81 601 Central Services Fund 0.00 602 Central Equipment Fund 91,249.04 603 Risk Management Fund 344,693.00 604 Design Engineering Fund 0.00 605 Employee Benefits Fund 7,695.12 606 Information Technology Fund 53,379.80 607 Public Facilities Fund 42,647.36 720 Senior Housing Bond Trustee 0.00 721 Vicksburg Crossing Housing Bond 0.00 Total Invoice Expense Distribution: 1_,521,300.08 Page 2 Check Register Page 1 of 17 Date: 6/2/2008 Time: 7:40:07 AM htt ://cit intenal/as /asp_re orts/finance/cc_ check.asp?sFromDate=5%2F18%2F2008&sT... 6/2/20 Page 3 COUNCIL REPORT - CHECK REGISTER 5/18/2008 Through 5/312008 Vendor Name/ Invoice Amount Check # Check Amouj Invoice Description 3rd Lair Skatepark 10.16&12.29 MEA&Winter brk cmp 100.00 97640 100.00 ALS Technologies INC Ballistic breaching class 50.00 97489 50.00 AMB Property LP R200518243 11.14.05 erosion re 2,000.00 97490 2,000.00 Abrakadoodle 4.28/5.19 Twoosy Doodlers 372.00 97497 372.00 Albrecht Signs Proj 1013 Monument sign relocat 3,965.50 97641 3,965.50 All Star Wireless Scofield/battery 58.56 97491 186.27 K Johnson/cell phone case 37.22 Slavik cell phone case 31.93 Noraas battery 58.56 Allen, Miesha Jun08 DHAP Rent 1,175.00 97704 1,175.00 Alliance Medical lcs Adult resuscitator mask 186.60 97492 339.24 lcs pediatric resus masks 152.64 American Messaging 5.15/6.14 3PM pager rentals 14.92 97493 14.92 Anchor Bank Savings Bonds/Emply Recog 1,575.00 97642 1,575:00 Anchor Paper 5000 Cream Exact Opaque 64.79 97494 4,703.42 10M cream,20M green,blue,pumpk 272.28 400M 8-1/2xl l,25M l lxl7,30M 4,340.93 See cr 3011284700 25.42 Cr inv 3011139700 25.42) 500sh 11x17 24M white mohawk 25.42 See cr 3011139300 35.21 Cr inv 3011139200 35.21) Anderson, Erica Micro Center/XD Photo Card 42.64 97661 42.64 Andersun Lawn Service 08 FS 1,2,3 spring cleanup 1,120.01 97495 3,320.19 08 CC,PCC,LifeTime sprng clnu 2,200.18 Aramark Eng 2.51tr stnls airpot 78.75 97496 78.75 htt ://cit intenal/as /asp_re orts/finance/cc_ check.asp?sFromDate=5%2F18%2F2008&sT... 6/2/20 Page 3 Check Register Page 2 of 17 Aramark PCC 7reg,3dcf,8crm,tea,cups 423.39 97643 423.39 Artic Ice Systems CC new Icemaker,filter syst 3,601.83 97644 3,601.83 Asphalt Specialities Company 12525 58th Ave N/Drvwy rpr fro 2,850.00 97645 2,850.00 Astech Corp 5.1.08 19.91tn Patch Grit 837.57 97646 837.57 Baird, Lisa 5.15 U of MN Parking Municipal 5.50 97691 31.76 5.15 52 Miles U of MN/Municip 26.26 Barton Sand & Gravel Co 5.1/5.15 316.87tn CL5,W3/4ASTM 3,113.98 97498 3,113.98 Bevins, Mark W 4.22/4.23 Fuel/meal Wisc trng 79.24 97578 79.24 Blank, Eric 5.12/5.22 82 Mileage Reimb 41.41 97660 41.41 Bolger Vision Beyond Print May-Jun08 Plymouth News 7,475.00 97499 7,475.00 Bonestroo Rosene Anderlik&Asse Proj7114 4Seasons raw wtrnn 2,338.61 97500 2,338.61 Brauer & Assoc Ltd Inc Hilde site perf/4.30.08 13,856.21 97501 25,061.36 CC design 4.30.08 1,477.25 MG Phase II/trail layout diagr 427.90 Proj7132/MG phase 2 design 9,300.00 Bryan Rock Products Inc 4.29/4.30 81.27tn 3/4",3/8",l- 1,328.51 97502 1,328.51 Buhl, Mary Park and Rec Refund 87.00 97503 87.00 Busch Systems International 200recycling bin wheel kits 1,084.15 97504 1,084.15 CNR Technology CD & Finance data jacks 475.43 97614 475.43 CNR Technology Paging syst/install new rack& 929.00 97725 929.00 Carefree Services Inc 5.2/5.21.08 Street sweeping 60,607.37 97648 60,607.37 Castonguay, Mary 4.28/4.30 247 Mile Brainerd CJ 124.73 97580 124.73 Ceco Crane 4.23.05 Dome take down crane 2,305.60 97649 2,305.60 CenterPoint Energy/Minnegasco 3.19/4.30 Heat bills $39,128.85 97505 $39,128.85 Page 4 - http://cityintemal/asp/asp_reports/fmance/cc_check.asp?sFrornDate=5%2F18%2F2008&sT... 6/2/21_ _ _ Check Register Page 3 of 17 Central Wood Products 200 cy Royal gold mulch 5,218.50 97506 5,218.50 City of Maple Grove 08 2 Global star sat tele uti 749.35 97507 749.35 City of Plymouth/Sewer & Water 3/16-4/15 FS 102.05 97508 4,897.58 3/16-4/15 Historical Society 7.95 3/16-4/15 Plym Creek Pk 129.85 3/16-4/15 Oakwood Pk 128.68 3/16-4/15 LaCompte Pk 132.59 3/16-4/15 Plym Jr Hi Plyfld 129.46 3/16-4/15 E Med Lk 46.32 3/16-4/15 CC 427.24 3/16-4/15 Public Works 670.23 3/16-4/15 FS2 139.19 3/16-4/15 Zachary Pk 130.24 3/16-4/15 Pavilion 46.32 3/16-4/15 FS3 153.27 3/16-4/15 Parkers Plyfld 128.68 3/16-4/15 Bass Lk Plyfld 131.42 3/16-4/15 Public Safety 198.64 3/16-4/15 ice Arena 1,190.91 3/16-4/15 ICe Arena/Irrig 124.24 3/16-4/15 PCC 604.66 3/16-4/15 Elm Crk Plyfld 196.91 3/16-4/15 Hilde Center 7.56 3/16-4/15 Transit Station 73 71.17 City of St Paul 4.2/4.21 172tn Hot Asphalt 9,353.68 97509 9,353.68 City of St Paul Rpr radar remote key pad 32.30 97650 32.30 City of Wayzata Titles 1000, 1001, 1002, 1003 73.00 97510 5,377.68 Tax, Title and Tabs Unit 365 2,112.40 Tax, Title and Tabs Unit 2000 2,112.40 Tax, Title and Tabs Unit 366 1,079.88 City of Wayzata 3 Forfeit title appl/08.4719, 54.75 97651 54.75 Cobalt Construction PD ceiling,wall repairs/Eng el 1,318.00 97511. 5,884.00 Eng P -Lam project remodel 4,566.00 Commercial Asphalt Co. 5.1/5.15 180.84tn 41Awear 8,343.39 97512 8,343.39 Custom Valve Nut Replacement Urbandale&Troy #4 rplc nut 905.25 97513 905.25 DPC Industries Inc 4,446gl Sodium Hypo 2,878.78 97514 5,725.41 4396gl Sodium Hypo 2,846.63 DPC Industries Inc 451g1 Zinc Orthophosphate 1,828.51 97653 1,828.51 DSS Commercial Inc Apr08 Transit shelter maint 1,162.13 97515 3,296.22 Apr08 Station 73 maint 1,403.88 Apr08 Cheshire shelter maint 730.21 httpr:Hcityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=5%2F18%2F2008&sT... 6/2/ 21 Page 5 Check Register Page 4 of 17 DSS Commercial Inc 4.23 Hwy55/73 ramp maint 1,013.50 97654 1,725.10 4.30/5.8.08 Scrub/preswash bus 711.60 DTS/Document Tech Solutions 370.49 97657 1,319.15 2 Sharp MX5500 copiers/Fin,Eng 33,386.87 97516 33,386.87 Dalco 481.55 PCC 12cs Cntrpull hand twl @ 884.29 97517 884.29 Data Recognition Corporation 27,688.52 97523 27,688.52 Apr08 UB processing 1,801.71 97518 1,801.71 Davis, Dodee 28,173.33 97658 28,173.33 3.18/5.6 Line Dance Class 120.00 97655 120.00 Designwrite Studios 97.00 97524 426.00 May-Jun08 Newsletter 718.92 97519 1,431.42 May-Jun08 Envir Extra 712.50 Dorn, Paula 5.20/5.23 252 Miles-NAHRO Brai 127.26 97715 127.26 Dorsey & Whitney LLP 12.20/2.8.08 TIF legal sery 11,364.00 97656 11,364.0.0 Dundee Nursery&Landscaping Co. 2 Annual Basket 86.24 97521 133.10 Floral Del 05/09 D. Perela. 46.86 ESS Bros. 110 Adj rings,30 1-1/2" valve 12,284.14 97522 12,284.14 Earl F. Andersen Inc. 10 Tube Post; 30" DoNotEnt; Br 370.49 97657 1,319.15 10 Tube Post; 10 18x18 Yel Mkr 467.11 10 10' Tube Post 481.55 Egan Oil 7501gl Diesel @ 3.4001 27,688.52 97523 27,688.52 Egan Oil 8499gl Unleaded @ 3.0859 28,173.33 97658 28,173.33 Electrical Installation & Mnt Relamp Vicksburg@35th 97.00 97524 426.00 Relamp TH169@Schmidt WBOH Grn 239.00 Relamp TH55@Fembrook EBOHRed 90.00 Electrical Installation & Mnt Repl Lt Pole Millen Garden 270.00 97659 270.00 Elgonda, Ram Ref UB Overpay 120826-12082600 165.96 97721 165.96 Elk River Ford Unit 1701 '08 FWD Escape XLT 17,051.97 97525 17,051.97 Elvin Safety LLC 30 mesh safety vests 302.84 97526 302.84 Emergency Apparatus Maint. Breathsaver Bag 162.13 97527 162.13 Eureka Construction Inc Page 6 http ://cityintemal/asp/asp_reports/finance/cc_check. asp?sFrornD ate=5 %2F 18 %2F2008 &sT... 6/2/2Q Check Register Page 5 of 17 Fembrook Ln rpr water sery $6,020.53 97528 $6,020.53 Evenflo 4 Titan DLX 316.38 97529 316.38 Evenflo 12 Big Kid Mocha Chill 442.24 97662 2,546.12 5 Big Kid Mocha Chill 149.60 10 Triumph, 10 Generations 1,954.28 Express Messenger 5.5/5.12.08 Attorney P/U 40.08 97530 40.08- 40. 08Farris, Farris,Roberta Lynn Payroll Generated Invoice 443.54 97724 443.54 Ferguson Enterprises Inc 20 1.25x12 Galy Stl NIP 202.56 97663 388.88 25 1-1/46 Galv Stl NIP; 5 1-1 186.32 Fernbrook Townhomes Jun08 DHAP Rent 1,000.00 97664 1,000.00 Filtration Systems Inca PCC 11 16x20x2,33 16x25x2 fltr 274.17 97531 274.17 FirstGroup America Apr08 DAR/Metrolink 309,974.12 97532 309,974.12 G & K Service Inc Public Works Uniforms 367.64 97533 446.35 4.24.08 Rug service 78.71 G & K Service Inc Public Works Uniforms 351.89 97665 351.89 G. Neil Companies 08 Certified Labor Law Postin 439.92 97666 439.92 GTCTA 4 Registr/Coach workshops 80.00 97534 100.00 Kevin Busch coach workshop 20.00 Goldstein, Mike parking/Twin city Security Prt 10.00 97705 10.00 Gopher State One -Call, Inc. Apt -08 SW 941 Locates 1,368.95 97536 1,409.55 Apr08 CC 28 Locates 40.60 Grainger IC Cotter Pins; Ice Cleaning M 64.84 97537 1,848.36 Floor Squeegee; Broom Hndl 40.04 12 Pltd Filter 20x24x2 40.77 12 Sealant silicone Black 6I.73 2.5G Safety Can; Spout; Tarp s 172.64 Cap Hard Orange (2) 22.58 Boot Sz 13 Yellow 22.58 12 Pltd Fltr 12x24xl 39.96 HiVis Jkt; Bib; Belt; Boot; Ca 314.55 Foam Seal; Cotter Pins; Socket 21.26 Jobsite Chest 480003 546.35 10 Flashlights; 10 Red Wand 87.44 66 Pltd Fltrs 12x24x4; 24x24x4 413.62 Grainger HiVis 2 XL Jkt; 2 XL Overall $125.67 97668 $1,107.35 Page 7 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=5 %2F 18%2F2008 &sT... 6/2/2 Check Register Page 6of17 Assm Push Button 49.75 Safety Cabinet 611.52 20 Lamp 157.46 Puller Ratchet 1 Ton 78.79 HiVis Jkt L 84.16 Grant Writing USA Cwayna/Grant writing class 425.00 97538 425.00 Green, Jamillah Park and Rec Refund 300.00 97669 300.00 Gregor Farm & Greenhouse 4.22/4.30 Bedding plants 155.81 97539 155.81 Grove Nursery Center Inc. 59 Var Plants 372.96 97670 372.96 HCM Architects, AIA Proj8126 Apr08 W Med Prk bldg 1,610.00 97540 1,610.00 HP 3, LLC 5.15/8.15.08 Prk/Ride lot leas 8,250.00 97671 8,250.00 Hach Company 2Pks Gloves; Pipet Tip; Spadns 254.36 97542 254.36 Hach Company Alkaline Cyanide Reagent; Pan 351.60 97672 423.76 2 Pkt Thermometer; Test Strip 72.16 Hanscom Inc G' Plastic ties assorted color 72.94 97543 72.94 Hawk Performance Specialties 3.9/4.28 Baldor motor rpr 2,802.25 97544 2,802.25 Hawkins, Ash,Baptie & Co. May08 Section 8 Acctg 220.00 97673 220.00 Healthfund of Minnesota Payroll Generated Invoice 2.00 97674 79.50 Payroll Generated Invoice 5.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 2.00 Payrolf Generated Invoice 2.00 Payroll Generated Invoice 4.50 Payroll Generated Invoice 5.00 Payroll Generated Invoice 51.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Hedberg Aggregate 30 Ret Wall Anchor; Pallet; BD 448.90 97545 1,471.30 Engraving 4x8 Concrete Paver 1,022.40 Hedberg Aggregate 2 Adhesive Premium; Tool Glue 36.26 97675 36.26 Hennepin Co Info Tech Dept Apr08 Fire Radio Lease 3,494.19 97546 10,717.77 Apr08 Frame Relay/Ntwrk Sprt 392.39 Apr08 PD MDC,Radio Lease 6,831.19 Hennepin County /NW 98121 Apr08 7tn Waste Hauling 311.22 97676 311.22 Page 8 http :Hcityintemal/asp/asp reports/finance/cc_check. asp?sFromD ate=5 %2F 18 %2F2008 &sT... 6/2/2( Check Register Page 7 of 17 Hennepin County Public Records Acct 516/10.'07/4.30.08 HRA 276.00 97547 276.00 Hennepin County SheriffBookng Apt -08 Booking fee prisoners 4,032.90 97548 4,032.90 Hennepin County Treas/417 No15 186.74 Proj5103 Constr cost 134,010.00 97549 158,131.80 Proj5103 Design eng/constr eng 24,121.80 Henry's Waterworks Inc 120 2# copperhorn w/1" MIP&3/4 4,457.66 97550 4,457.66 Hewlett Packard/maint-support 7.20/4.30.08 Uniform 1 maint 9,446.74 97551 10,455.29 5.1/5.31.08 Uniform 1 maint 1,008.55 Hillyard Inc - Minneapolis 5,961.74 97681 5,961.74 IC 2 Cs Liner 40-45 Gal 65.04 97677 65.04 Hirshfield's 96 5gl White field paint 1,917.00 97678 1,917.00 Hirshfield's Inc 1 Cetol 23 Plus 60.69 97679 885.77 2 caulk, 3 Cetol 23 plus 186.74 2 Cetol 23 plus 121.38 5 Cetol 1077,4 Cetol 23 plus 516.96 I Space McLearen file cabinet 26625 97552 266.25 I Space D Evans file tower 969.15 97680 969.15 ISS Facility Services-Mpls Admin area RR saniglaze 5,961.74 97681 5,961.74 Image Trend Inc May08 Hiretouch 195.00 97553 195.00 Ind School Dist 284/CK ADDR Apr08 Jujitsu,Gymn,SelfDefense 287.92 97682 287.92 Int'l Assoc Chiefs of Police Webb&Goldstein SanDiego conf 750.00 97554 750.00 Interfaith Outreach&Comm.Ptnrs 08 Outreach Funding 21,733.00 97683 31,833.00 08 CONECT Outreach funding 10,100.00 Interstate PowerSystems 24 Bolt 40.95 97684 40.95 Janda, Jane Target,Michaels-Sr prog 35 spl 31.24 97555 31.24 Jenness, Crystal Park and Rec Refund 330.00 97556 330.00 Jimmy's Johnny's Apr08 Yard Waste Site 53.52 97557 2,535.43 4/18-4/30 Streets 23.20 Apr08 Bass Lk Plyfld 53.52 Apr 08 Ridgemount Plyfld 53.52 Apr 08 E Med Lk 53.52 I Page 9 http://cityinternal/asp/asp_reports/finance/cc_check.asp?sFromDate=5 2F 18 %2F2008&sT... 6/2/2 Check Register Page 8 of 17 Apr 08 Oakwood Plyfld 105.63 Apr 28-30 Timber Shores 10.70 Apr 28-30 Zachary Elem 5.35 Apr 28-30 W Luth HS 5.35 Apr 28-30 St Marys 5.35 Apr 28-30 Pilgrim Ln Elem 5.35 Apr 28-30 Lions 5.35 Apr 28-30 LaCompte Green 5.35 Apr 28-30 Greenwood Elm 5.35 Apr 28-30 Fieldhouse Center B 5.35 Apr 08 W Med Lk 41.49 Apr 28-30 Camelot Pk 5.35 Apr 08 Amphitheater #1 20.14 Apr 08 Zachary Plyfld 414.88 Apr 08 Skate Pk 96.02 Apr OPlym Plyfld Middle School 318.85 Apr 08 Plym Creek 192.05 Apr 08 Parkers Lk Plyfld 107.05 Apr 08 Parkers Lk Beach 510.90 Apr 08 Elm Ck Plyfld 325.25 Apr 08 Dog Pk Eagan Pk 53.52 AprO8 Maint Facil 53.52 John Ballew Photography Therkelsen photo board 21.30 97558 21.30 John Deere Landscapes 2 Union Soc w/Buns-N O -Rin 43.96 97559 503.14 18 Super 700; 31 Nozzle; Plugs 378.60 15' Circ Nozl; Crimp Clamp; PV 80.58 K & S Engraving 2 Circle tags/ring 10.01 97560 10.01 K & S Engraving Circle tag/key ring,PAR tags 12.14 97686 12.14 Kamida Inc Parks misc block repairs 2,710.00 97687 4,090.00 WTP1 cut doorway vote equip 1,380.00 Kingsbury, Paul 5.21/5:22 122 Mileage/St Cloud 61.61 97714 61.61 Konop, Gil 5.3/5.16.08 STD 1,265.60 97535 1,265.60 L E A Data Technologies 8. 1.0 Tmg Software upgrade 30.00 97561 30.00 Lake Restoration Inc 08 #1 AC Weed teatment 309.00 97562 309.00 Law Enforce Labor Serv./Union Payroll Generated Invoice 168.00 97688 1,344.00 Payroll Generated Invoice 126.00 Payroll Generated Invoice 1,029.00 Payroll Generated Invoice 21.00 League of MN Cities Ins Trust 4.'08/4.'09 Municipality Ins 341,883.00 97564 344,186.00 4.'08/4.'09 Covenant OML 2,303.00 League of Minnesota Cities M Peterson LCW 2008 20.00 97565 20.00 Leith, Kelsey Park and Rec Refund 300.00 97566 300:00 http:Hcityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=5%2F18%2F2008&sT... 6/2/ Page 10 Check Register Page 9 of 17 Lidstone, Angie Park and Rec Refund 300.00 97689 300.00 Lion Total Care Clean/repairs Maggy turnout gr 512.69 97567 512.69 Lion Total Care Turnout gear repairs 1,038.82 97690 1,038.82 Lipinski, Margaret Park and Rec Refund 53.00 97568 53.00 Lorman Education Services Asche/Wetland Regulation New 359.00 97692 359.00 MES Inc 6 ZICO Pin and Cable 48.90 97570 674.43 6pr gloves,2 battery, 120 tubul 332.79 7 Pr Cowhide Gloves; 292.74 MN AFSCME Council #5 Payroll Generated Invoice 90.40 97694 2,453.52 Payroll Generated Invoice 54.24 Payroll Generated Invoice 72.32 Payroll Generated Invoice 27.96 Payroll Generated Invoice 54.24 Payroll Generated Invoice 41.94 Payroll Generated Invoice 162.72 Payroll Generated Invoice 18.08 Payroll Generated Invoice 36.16 Payroll Generated Invoice 18.08 Payroll Generated Invoice 27.96 Payroll Generated Invoice 36.16 Payroll Generated Invoice 13.98 Payroll Generated Invoice 313.43 Payroll Generated Invoice 13.98 Payroll Generated Invoice 39.38 Payroll Generated Invoice 13.98 Payroll Generated Invoice 18.08 Payroll Generated Invoice 39.38 Payroll Generated Invoice 27.96 Payroll Generated Invoice 334.73 Payroll Generated Invoice 36.16 Payroll Generated Invoice 255.97 Payroll Generated Invoice 19.69 Payroll Generated Invoice 29.23 Payroll Generated Invoice 77.15 Payroll Generated Invoice 55.92 Payroll Generated Invoice 90.40 Payroll Generated Invoice 10.73 Payroll Generated Invoice 59.73 Payroll Generated Invoice 27.12 Payroll Generated Invoice 13.98 Payroll Generated Invoice 72.32 Payroll Generated Invoice 18.08 Payroll Generated Invoice 13.98 Payroll Generated Invoice 55.92 Payroll Generated Invoice 18.08 Payroll Generated Invoice 27.96 Payroll Generated Invoice 55.92 Payroll Generated Invoice 41.94 Payroll Generated Invoice 18.08 MN Child Support Payment Ctr Payroll Generated Invoice. 474.38 97695 1,858.76 Payroll Generated Invoice 98.75 Payroll Generated Invoice 218.27 Payroll Generated Invoice 1,067.36 MN City/County Mgmt. Assoc http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=5%2F18%2F2.008&sT... 6/2/201 Page 11 Check Register Page 10 of 17 5'.08/5.'09 Ahrens Membership $133.78 97696 $133.78 MN Dept of Health A Morris CL "B" water lie mw 23.00 97571 23.00 MN Dept of Transportation Proj1013 4.30.08 mtrls test/in 1,508.94 97652 1,508.94 MN Environmental Fund Payroll Generated Invoice 1.00 97697 30.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 7.00 MN Fire Serv.Certification Brd 32 Fire recertifications 480.00 97572 480.00 MN Municipal Utilities Assoc 08 Membership 487.00 97573 487.00 MN Pollution Control Agency A Morris SL SB sewer lie rnwl 23.00 97574 23.00 MN Pollution Control Agency Steuben/CL SB sewer certif 23.00 97698 23.00 MN Recreation & Park/CK ADDR 08 Mens,Corec softball teams 1,953.00 97575 1,953.00 MN State Bar Association 08 Employ Law Statutory Bk 59.72 97699 59.72 MTI Distributing Inc - Greenwood flow sensor,sery 909.74 97576 909.74 MTI Distributing Inc Chugger; Riser Ext; Wire; CPLG 122.34 97700 437.50 Solenoid Asm #526 315.16 Cr 61252700 Rtn sentinel 438.78) See Cr 61410100/sentinel rtn 438.78 Magnetic Products & Services 10 Maxell,10 MPS 449.43 97577 449.43 Mahovsky, Joseph Park and Rec Refund 8.50 97701 8.50 Martin Marietta Materials 4.25 22.lOtn Class 2Rip Rap . 184.77 97579 749.70 4.28 30.93tn Rip Rap 564.93 Marvin Garden Townhomes unO8 DHAP Rent 900.00 97702 900.00 Matrix Laser Care Inc HP Cartridge Hi Yld Black 37.28 97581 37.28 Matrix Laser Care Inc Savin 3651-3687 All in One Ctd 111.83 97703 111.83 Menards 12 4x100 Safety Ladder 441.93 97583. 441.93 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFroniDate=5%2F18%2F2008&sT... 6121,, Page 12 Check Register Page 11 of 17 Metro Fire 6 4" Faceshields 245.18 97584 344.17 4 Orifice Screw Assy MMR 98.99 Metro Leak Detection 4.3/4.10 Leak Detection 450:50 97585 450.50 Minnesota Elevator Inc WTP2 Photo eye cord rpr 218.00 97707 218.00 Minnesota Mailing Solutions Ink reservoir/pstg machine 251.70 97587 251.70 Minnesota Revenue 08 WTP2 Air Emissions Permit 25.00 97588 25.00 Minnesota UC Fund 08 1st qtr Unemployment Comp 24,356.88 97589 24,356.88 Minnesota Waterfowl Assoc Inc 6 Wood Duck house kits 191.38 97590 191.38 Minnetonka Game•& Fish Club 08 Wilson Membership 125.00 97591 125.00 Mittelstaedt, Sara 3.17/5.13 Sr programs/Panera, 954.39 97617 954.39 Mobile Lock And Safe Co. FS 1 &3 levers,convert cylinder 1,157.95 97708 1,157.95 Nesbitt, Robert 1 5.19 Cass Lake SLATT trng 196.75 97612 196.75 Nesbitt, Robert 5.22 49 Mileage/Fort Snelling 24.75 97723 2,299.75 5.12/5.23 MN Joint Analysis 2,275.00 New World Systems 4.29 Software Billing 2,880.83 97592 2,880.83 Newberger, Lara JimmyJohns/vol lunch tree sale 91.75 97563 91.75 Nordby, Matt 786 Miles to Rockford IL conf 396.93 97582 396.93 North American Rescue Products 12 Combat tourniquet 330.24 97593 330.24 Northern Sanitary Supply Co PCC IOCs Tissue 619.83 97594 1,710.40 IC IOCs Towels 508.01 IC IOCs Tissue 582.56 Northern Sanitary Supply Co PCC 6GI Blch; 2 Brm; 2Cs Liner 99.05 97709 323.71 PW 2 Refl; 6 Gal NeuClean; Tis 224.66 Northern Tool & Equipment 2 36x60 exp metal deck 425.97 97541 425.97 Northern Water Works Supply 10 1/25 CB Rep Top Western $484.15 97595 $973.62 30 1.25 CB Lid & Plug; CB Rep $489.47 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=5%2F18%2F2008&sT... 6/2/2(, Page 13 Check Register Page 12 of 17 Northland Chemical Corp PCC Cs Clear Glass Clnr 68.77 97596 68.77 Northwest Henn Human Svcs 08 Senior Forum grant 1,500.00 97710 1,500.00 Oakwood Pet Clinic 5.14.08 Stray euthanasia 72.00 97597 72.00 Office Depot Battery; Badges; Magiccard 100 35.71 97598 257.75 Clipboard 1.30 Badges; Battery 19.19 Pens; Pencils; Rept Covers 17.93 Bookends; Copyhold; Files; Sta 75.17 Pens; Staples 2.92 Env 33.76 Plst Forks; Cups; Laminate Ref 86.99 Ret hry 427276494 41.96) Ret Inv 427112468 40.70) Pens; Markers; Pens 14.15 Index Maker 53.29 Office Depot CD Sleeves; Battery 73.86 97711 667.82 Files; Protectors; Pads; Reinf 79.14 Staples 6.61 Card; Cart; Battery 62.64 Label; Punch; Sorter; Bookend 36.74 Labels, Binder/Organizer 100.31 Tape; Reinforcement PS 9.49 Dividers; Clips; Folders 75.18 Folders; Lead; Paper; Pads; Cl 48.06 Env; File Jkt 60.07 Badge Clips & Holders 16.74 Badge Clips, Holders; Pens; Ta 49.79 File Folders 15.30 Binding Combs; Storage Boxes 33.89 Oil -Air Products, Inc. 2 6FP-6FPX 2.48 97599 33.65 6 6FP-6FPX 17.54 6 8FFOR-CAP 13.63 Oil -Air Products, Inc. 8 12FJCAP; 4 12MJ 16MP 18.49 97712 18.49 Olsson, Jan 5.21 MAAO St Cloud lodge 83.94 97685 83.94 Open Your Heart Payroll Generated Invoice 2.00 97713 71.50 Payroll Generated Invoice 6.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 11.00 Payroll Generated Invoice 25.00 Payroll Generated Invoice 7.50 Payroll Generated Invoice 6.00 Payroll Generated Invoice 9.00 Orbit Courier 5.5/5.7 Fr: MTI,Interst Powers 42.65 97600 42.65 Orca Machine Tools Inc 208 V band saw 6,177.00 97601 6,177.00 Outback Nursery Var sm trees & shrubs 2,514.78 97602 3,192.23 Page 14 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=5%2F18%2F2008&sT... 6/2/2, Check Register Page 13 of 17 Native plant materials $677.45 Park Nicollet Clinic 4.4/4.18 Employee Physicals 1,068.00 97603 1,068.00 Petty Cash 5.31.08 Recycle day cash box 300.00 97604 300.00 Phasor Electric Company PW Rep Yard Light 183.75 97605 183.75 Pond & Lighting Designs Inc PCC install 5hp aquamaster,Par 298.60 97716 1,161.92 08 7_ach Prk install 3hp aqua 570.12 08 PM install 2hp aqua contro 293.20 Prairie Restorations Inc 4.15Parkview Swales land mgmt 266.25 97717 1,837.13 4.15Reserve Park land mgmnt 266.25 5.1 Lake Camelot land mgmnt 505.88 5.5 PCC land management 798.75 Printers Service Inc IC 77" Ice Knife Sharp 18.00 97606 18.00 Printers Service Inc 1C 77" Ice Knife Sharp. 54.00 97718 54.00 Prior Lake Water Ski Assoc 6.25,7.16,8.6 -Water Ski Show 575.00 97607 575.00 Protek Painting Inc Eng progress painting 9,000.00 97719 11,400.00 PD interview rm painting 485.00 Fire Dept conf rm wall paper 1,915.00 Qwest May08 Reservoir DSL 61.45 97608 61.45 Qwest May08 PD Emer Oper Cntrl 58.06 97720 214.74 May08 FS 1 DSL 78.42 May08 FS 2 DSL 78.26 R M R Services Inc Apr08 8664 Meter Reads 3,898.80 97609 3,898.80 Ramsey County Sheriffs Dept W#K503600270 R807518 bail 500.00 97610 500.00 Reed Business Information Proj8108 4.28 Legal Notice 166.14 97611 166.14 . Reed Business Information Proj8108 5.5.08 legal notice 166.14 97722 507.78 Proj8101 4.7.08 legal ad 175.50 Proj8108 5.12.08 legal ad 166.14 S T S Consultants, Ltd. Proj8101 4.11.08 Subsurface 2,159.89 97615 2,159.89 SRF Consulting Group, Inca Proj8124 4.30.08 Hampton Hills 2,361.42 97616 11,486.70 Proj8123 4.30.08 Elm Cr AUAR 9,125.28 SRF Consulting Group, Inc. j Page 15 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=5 %2F 18%2F2008&sT... 6/2/' Check Register Page 14 of 17 Proj 1013 4.30.08 $10,545.47 97726 $10,545.47 Science Explorers 5.27/5.29 Camp Caterpillar 460.00 97727 460.00 Shaleen, Gary 08 Prkrs beach debris dive 125.00 97667 125.00 Sherwin Williams Graco paint sprayer 4,355.30 97618 4,355.30 Signs Now 1 4x4 plastic yard waste sign 128.86 97619 128.86 SourceOne Graphics Inc 11 Eng Vinyl Name 504.80 97620 504.80 St Cloud State University Page 16 Bowman/Basic Income Approach 375.00 97728 375.00 St Joseph Equipment Inc 5.10/6.9.08 Genie rental 852.00 97729 852.00 State of Minnesota 08 ICWC addl day 12,312.00 97569 12,312.00 State of Minnesota AprO8 park cleaning 612.00 97586 612.00 Steuben, Brandon Reimb CL SB sewer exam 32.00 97647 32.00 Streicher's Inc STA 40 Action Trainer Rounds 31.98 97621 31.98 Streicher's Inc IOTag Narwid; Anderson;Miller; 68.79 97730 122.03 Seat Organizer 53.24 Sun Newspapers/Notices Ord 2008-11 92.95 97622 303.88 Detour Downtown Notice 71.50 Asphalt Bids 85.80 Recycling Contract RFP 53.63 Sun Newspapers/Notices 28th Ave Lift Sta Bids 143.00 97731 346.78 PHN File 2008032 85.80 SWPPP Pub Meet Notice 78.65 PHN L3B1 Christians Pkr Lk 3rd 39.33 T -Mobile MayO8 GPS cell phone 49.99 97623 49.99 TD & I Cable Maintenance Inc R200803654 3.18.08 rightofway 2,500.00 97624 2,500.00 TKDA & Associates Inc Prcj8114 3.30/4.26.08 4,898.04 97625 4,898.04 TMI Coatings Inc FS2 rpr epoxy floor coating 1,450.00 97732 1,450.00 Taho Sportswear TBall 96 Youth Ts 30 Adult Ts 439.74 97733 439.74 Page 16 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFromDate=5%2F18%2F2008&sT... 6/2/2( Check Register Page 15 of 17 Tee's Plus DARE swtshrts,plygmd balls,bi 230.65 97626 230.65 Terminal Supply Company 2 Electro Mechanical Flas 68.63 97734 68.63 Tiegs, Diane 5.15 U of MN parking Municipal 5.50 97520 31.76 5.15 52 Miles U of MN Municipa 26.26 Titan Apparel&Supreme Sprtswr 31 Staff Polo/tee shirts 542.37 97627 542.37 Topp, Robert Bills Gun,Fleet Fanri-K-9 ammo 168.68 97613 168.68 Traffic Marking Services Inc 4.26.08 Pavement marking 2,468.25 97628 2,468.25 Traffic Marking Services Inc 5.3.08 Pavement marking 8,240.40 97735 8,240.40 Tri-Anim Health Services Inc I Jelly lube,5 2oz bulb syring 16.83 97629 16.83 Tri -K Services, Inc. 4.29 14yd Pulv Topsoil 156.56 97630 156.56 Trugreen Chemlawn 08 Imperial Hill fertilize 183.71 97736 183.71 Turfwerks LLC 1 Cap w/gauge 51.95 97737 51.95 Tyther Contracting Ref P200802717 void permit 242.50 97738 242.50 US Auto Force SKF Branded Hub Unit 588 278.79 97631 814.43 AC Blade; Fuel Fit; TransFlt; 174.57 AC Filtr Press 21.35 AC 15" Flat Bid; 4Fuel Fltr; C 58.83 AC Flat Bid; Fltr; Fuel Filt 78.70 AC Battery (2) 152.55 AC Gas Tank Cap; 4 CoolFltr 49.64 US Auto Force AC Pad Set 58.37 97739 782.38 5 AC Battery 376.37. 2 AC Battery 72.21 AC Oil Flt 7.11 2 AC Bid; 2 Elem; 4 Oil Flt 189.49 AC Pad Set #245 58.37 AC Flat Bid; Oil Flt; Coolant 20.46 USA Mobility Wireless Inc 5.22/6.2126 PD pager rentals 175.55 97740 175.55 Under The Fence 115 Weed Barriers 736.18 97632 736.18 United Arts Payroll Generated Invoice 3.00 97741 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Page 17 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFromDate=5%2F18%2F2008&sT... 6/2/j Check Register Page 16 of 17 United Rentals Seat #232 228.98 97633 356.65 17 Var Flag Mark 127.67 United Way of Mpls Payroll Generated Invoice 3.00 97742 143.70 Payroll Generated Invoice 2.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 9.00 Payroll Generated Invoice 8.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 7.70 Payroll Generated Invoice 12.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 13.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 14.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 14.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 30.00 Verified Credentials Inc Apr08 Background Screening 112.00 97634 112.00 Veterinary Center on Main 5.5.08 K-9 Saber Vet costs 392.46 97743 392.46 WSB & Associates Mar08 Claseman Survey 2,949.00 97635 2,949.00 Watson Company IC Concession food resupply 417.69 97636 417.69 Watson Company IC Concession food resupply 375.33 97744 375.33 Weld and Sons Plumbing Inc FS2 Icemaker line w/shutoff va 499.00 97745 499.00 West, Mike 08 Prkrs bch debris dive 125.00 97706 125.00 Xcel Energy 3/16-4/20 St Ltg 105.70 97637 30,020.44 May 08 City Parks 1,697.84 3.18/5.8.08 All wells&WTP's ex 28,216.90 Xcel Energy 3/30-5/5 Lift Stations 5,768.50 97746 38,451.78 4.2/5.1.08 Well 2 5,040.42 3/31-4/30 Traf Signal Flasher 1,419.30 3/31-4/30 Traffic Signal Flash 2,464.26 May 08 City Buildings 23,704.94 4/11-5/10 Civil Def Siren 54.36 YES Distributing 2 10"Carbon cartridge 58.42 97747 58.42 Zee Medical Service PW 4 MD Full truck kit 222.59 97638 333.88 PW 2 MD full truck kit 111.29 Zero -Max R805996 ref applic fee 4.30 75.00 97639 75.00 Page 18 littp://cityintemal/asp/aspjeports/finance/cc check. asp?sFrornDate=5 %2F 1 8%2F2008&sT... 6/2/2, Check Register TOTAL AMOUNT: Page 17 of 17 1,521,300.08 http:Hcityintemal/asp/asp_reports/finance/cc_cheek.asp?sFroniDate=5 %2F 18 %2F2008&sT... Page 19 6/2/ CITY OF PLYMOUTH RESOLUTION NO: 2008 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING MAY 31, 2008 WHEREAS, a list of disbursements for the period ending May 31, 2008 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 Construction & Debt Service . Enterprise & Internal Service Housing & Redevelopment Authority Check Register Total GRAND TOTAL FOR ALL FUNDS Adopted by the City Council on June 10, 2008 523,788.66 240,254.97 753,834.19 3,422.26 1,521,300.08 1,521,300.08 Page 20 Agenda Number 6003 File 2008032 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Marie Darling (509-5457) through Barbara Senn, Planning Manager MEETING DATE: June 10, 2008 APPLICANT: Border Foods, Inc. PROPOSAL: Registered land survey (RLS) to subdivide property in the Plymouth Station shopping center to create a new parcel for the Taco Bell restaurant LOCATION: 16855 County Road 24 REVIEW DEADLINE: August 15, 2008 PROPOSED MOTION: Move to adopt the attached resolution approving ac registered land survey to subdivide property in the Plymouth Station shopping center, as recommended by the Planning Commission. Approval of a registered land survey requires a 4/7 vote of the City Council. DESCRIPTION OF REQUEST: The applicant requests the ability to subdivide the property developed with the Plymouth Station Shopping Center in order to purchase the Taco Bell from the current property owner, Hans Hagen Homes, Inc. The applicant currently leases the site. The applicant proposes no construction or redevelopment at this time. Both parcels would continue to be subject to the standards of the Plymouth Station PUD. Page 1 File No. Page PLANNING COMMISSION ACTION: At their May 21, 2008 meeting, the Planning Commission unanimously recommended approval of this item. No one from the public requested to speak. The Planning Commission minutes are attached. Notice of the request was published in the Official Newspaper and mailed to all property owners within 750 feet of the site. The notification area map is attached. CONTEXT: Surrounding Land Use and Zoning Natural Characteristics of Site This site is located in the Minnehaha Creels Watershed District. The property is not within a shoreland overlay management district, nor is it within a floodplain. The City acquired the wetlands on the east side of the property as part of the initial development of the site. The site contains some mature trees and is subject to tree preservation. As no development is proposed as part of this application, no trees are being removed. Previous Actions Affecting Site In 1997, the City Council approved the PUD for Plymouth Station—a 141,000 square foot retail center anchored by Rainbow Foods. The development includes Panera Bread, Hollywood Video, Holiday Gas Station, Taco Bell, and other retail uses. In 1998, the City Council approved a master sign and architectural design plan for the Plymouth Station PUD. The applicant constructed the Taco Bell building later that year. Park dedication was paid for the subdivision at the time each building permit was issued and is satisfied for the development. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a registered land survey is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the registered land survey. Page 2 Adjacent Land Use Guiding Zoning North Dundee Nursery (North of Hwy 55) Wetlands (North of Hwy 55) C CO FRD BC South Single Family Homes Fire Station #3 LA -1 P -I RSF-2 P -I East Wetlands P -I P -I West Plymouth Ponds Industrial Development IP I-1 Natural Characteristics of Site This site is located in the Minnehaha Creels Watershed District. The property is not within a shoreland overlay management district, nor is it within a floodplain. The City acquired the wetlands on the east side of the property as part of the initial development of the site. The site contains some mature trees and is subject to tree preservation. As no development is proposed as part of this application, no trees are being removed. Previous Actions Affecting Site In 1997, the City Council approved the PUD for Plymouth Station—a 141,000 square foot retail center anchored by Rainbow Foods. The development includes Panera Bread, Hollywood Video, Holiday Gas Station, Taco Bell, and other retail uses. In 1998, the City Council approved a master sign and architectural design plan for the Plymouth Station PUD. The applicant constructed the Taco Bell building later that year. Park dedication was paid for the subdivision at the time each building permit was issued and is satisfied for the development. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a registered land survey is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the registered land survey. Page 2 File No. Page PROPOSAL: The applicant has proposed to subdivide the 16.32 acre parcel into two parcels: 1) a 15.33 acre parcel to be called Tract A that includes the majority of the shopping center and 2) a .99 acre parcel to be called Tract B that includes the existing Taco Bell building, parking and site improvements. Tract B would be accessed by the same means that it is today, via shared drive aisles from the main driveway at County Road 24. There are covenants in place that require shared use and maintenance of the shared drive aisles. The covenants also allow shared access to the utilities on the site. FINDINGS/CONCLUSION: Because the property is currently zoned PUD (Planned Unit Development), the City does not have a prescribed minimum lot size or width, but the applicant has identified a parcel size, width and shape that would allow for redevelopment in the future to another retail or restaurant use. Consequently, staff finds that the proposed parcel is suitable for the intensity and type of development contemplated. Section 510.01 Subd. 4 of the Subdivision Regulations outlines the findings for approval or denial of a subdivision. Staff find that with one exception, the application meets the findings. The traffic signal and loop detectors were installed outside drainage and utility easements. Therefore, staff has included a condition that the applicant provide a separate easement document to enlarge the easements over these improvements. With that condition, staff finds the subdivision would be consistent with the purpose and intent of the Subdivision Regulations and would not be a detriment to the health, safety, or general welfare of the public. RECOMMENDATION: Community Development Department staff recommends approval of the request, subject to the conditions in the attached resolution and as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. Applicants Narrative 3.. Notification Area Map 4. Location Map 5. Aerial Photo 6. Site Graphics 7. Resolution approving the RLS 0:\PLAN\STAFFREP\CC\2008\2008032 cc taco bell rls.doc Page 3 Draft Planning Commission Minutes May 21, 2008 Page 2 6. PUBLIC HEARING A. BORDER FOODS, INC. (2008032) Chair Holmes introduced the request by Border Foods, Inc. for a Registered Land Survey RLS) to subdivide property in the Plymouth Station shopping center to create a new parcel for the Taco Bell restaurant. Senior Planner Darling gave an overview of the staff report. Commissioner Jaffoni asked for further explanation of the request for a separate easement. Senior Planner Darling said staff evaluated the platted properties and ensured the easements were correct. She said at the main entry the easements don't include the traffic signal and looping detectors. Senior Planner Darling said staff elected to correct that situation at this time so the City would have full access to repair if needed. Chair Holmes asked if the devices are on the Taco Bell property rather than in the easement for the street. Senior Planner Darling stated they are located on the shopping center property. Chair Holmes introduced the applicant, James Erickson, representing Taco Bell, who said he supports the conditions imposed in the resolution. Commissioner Davis asked the purpose of this request. Mr. Erickson clarified that if separate ownership is desired, a separate parcel must be created. Commissioner Jaffoni asked if there are future development ideas for the property. Mr. Erickson said he was not aware of any future development and that this facility was built to last. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Jaffoni, seconded by Commissioner Nelson, to approve the request by Border Foods, Inc. for a Registered Land Survey (RLS) to subdivide property in the Plymouth Station shopping center to create a new parcel for the Taco Bell restaurant. Roll Call Vote. 6 Ayes. MOTION approved. Page 4 May 6, 2008 City of Plymouth Community Development Department 3400 Plymouth Blvd. Plymouth, MN 55447 RE: RLS Application Applicant: Border Foods, Inc. 965 Decatur Ave N. Golden Valley, NIN 55427 Tel: 763.489.2970 Fax: 763-489-2971 The Taco Bell site has been leased by Border Foods Companies and has been a part of the overall Plymouth Station Shopping Center Lot. The existing description for that lease is attached. Border Foods Companies has the option to purchase this described property and will do so. The property is currently one tax parcel and lot. This lot split is proposed to facilitate the purchase. There will be no alterations to the existing PUD and the covenants will be maintained. Barbara chneider Vice President of Development l L J 56rr Z Border Foods, Inc. is a franchisee of ) Page 5 Hennepin County Variance Map Page 1 of 1 Notification Area Map 400 Parcel ID: Page 6 http://tsgis/MailingLabels/popMap. aspx?LayerID=94&Obj ectID=202848,203143 &Buffer... 1/25/2008 Site r2® Aerial Photograph- 2008032 city of Plymouth, Minnesota 00 250 0 500 1,000 1,500 Feet Page 8 REGISTERED LAND SURVEY NO. I hereby+ certify that in accordance with the provisions of Chapter 508, Minnesota Statutes of 1949, as amended, I have surveyed the following described Iract of land in the County of Hennepin and Stale of Minnesola to wit: Lot 1, Block I Plymouth Station, except the Iwo parcels described as follows: Those parts of said Lot I embraced within Outlet D, Dunkirk Meadows and the Northerly and Southerly extensions of the East and West lines of said Oullot D; and That part of Lot 1 embraced within Registered land Survey No. 1776, Hennepin County, Alionesato. That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 118, Range 22 designated as "Public Road" in the plat of Plymouth Station. That part of the Narthaost Quart, a1 Section 20, Township 118, Range 22 describedfollows: Beginning of the point of intersection of the Northerly line of the plat of asPlymouthStationwiththeEastlineoftheWest33feetofsaidNortheastQuarter; thence South alongtheEastlineofsoldWest33feetanonassumedbeoringofSouth1degree03minutes19condsEastadistanceof100feet; thence Northeasterly on a bearing of North 66 degreesO6minutes36secondsEasttoapointontheNortherlylinefsaidplotdistant100feetSautheosterlyfromthepointofbeginning; thence Northwesterly along the Southwesterly lineofStateHighwayNo. 55 as platted in Dunkirk Meodows la the point of beginning. theThat Northerly andl of Lot / SoulOck 1. lhedy extensionsPlymouth ofStation, the East ndembraced West rlineesQuite( Said DunkirkOullot DMeadows and Tract B. Registered Land Survey No. 1776, Hennepin County, Minnesota. I hereby certify this Registered Land Survey Is a correct delineation of said survey. Dated this day of ____— --• 200__—_. Daniel W. Obarmlller, Land Surveyor Minnesota License No. 25341 This Registered Land Survey has been approved and accepted by the City Council of Plymouth. Minnesota at a regular meeting thereof held this —___ day of --___-----• 200__—_. CITY COUNCIL, PLYMOUTH, MINNESOTA By___—_______—_—____—__—_—_ Mayor BY _---______---_— ----- Clerk City Engineer TAXPAYER SERVICES DEPARTMENT, HENNEPIN COUNTY, MINNESOTA 1 hereby certify that the taxes payable in and prior years have been paid for land described on this Registered Land Survey. Dated this _—__— day of _ _-- 200__—. Jill Alverson, Hennepin County Auditor By SURVEY DIVISION, HENNEPIN COUNTY, MINNESOTA Pursuant to Minnesota Statutes Section 3838.565 (1969), this Registered Land Survey has been approved Ihis --- day of ------ 200___ William P. Brown, Hennepin County Surveyor BY ---=------ REGISTRAR OF TITLES, HENNEPIN COUNTY, MINNESOTA I hereby certify that Ilia wAhin Registered Land Survey No. was filed for record in this office this --___ day of -- -------- — --- • 2(10--, at o'clock ___ M. Michael H. Cunniff, Registrar of Titles By ____----- __--- Deputy The orientation ofthis bearing system is based on the West line of the NE 1/4 o Section 20 Township 118, Range 22 whif ch has an assumed bearing of S0003'19"E. o Denotes set 1/2" x 18" Iron monument marked RLS No. 25341. Denotes 1/2 Inch Iron monument found CD 7s] Drainage and utility easements shown are those dedicated on the plot of PLYMOUTH STATION. NORTH UNE OF THE NW 1/4 OF SEC ON 20 51g3d43" E rp O /> GRAPHIC SCALE Soo o so to 200 YM) NW comer of the NE 1/4 and the 70O N 1/4 corner of Section 20, Township118, Nonge 22 Hennepin County Monument (C.I.M.) of Pod rl fli a of Ply of Northerly line of Pine 0r'; Slalion and east lino 01 g Ss'+.ye? 4. I ^' \ west 33' of the NE 114- j, 59 T y Am. R? XI o q 70O Porch designated / Public Rood' 7n plot— Plymouth Pondsof S23-44' j.62 4, nIA 33 0 ayb w, vNw4, l 2'' os"+a'•% til yy9 p, a f'lrF'14• sz N• +`sd 114.17"437WN8DO45"W JSS so\ 'J.N66•p6 C''y\ j 8 S ssd1 MFmyaot d a o 1 ry e2s v iN2612'17'E - I A II v, I I I 5Y 70. r 'i^56}•}5'21•E 3 eo __- .e R92'S6op• I a 5t0"WRb4AodC5261•' - as W- 'i I til. ss s29 A •• °' '-- I o 13 ha 5ti N6A 217.00 ee\ \ N86°08'19"IV 'z s S241, 020022, yo 22.81 SDe"$8'08"!P Ap, s ryry / A., So Ihwesfedy line Slot* N7ghwoy No. 55 os plotted Dunkirk Meadows. ro.\ •P \ Asa\ 097E `cbvO 1y\`\ 31" Q`10Qor PRELIMINARY PLAT REGISTERED LAND SURVEY NO. V c N tY AND CERTIFIED SURVEY SITE PLAN DATAgo SIX ASSOC., COYPURR bo REFJBYID OXfor- Border Foods Companies E PVN WAS PREPARED BY 4c BE {KAHNp/BB ,NO Inc.OHAWD PviO PREU4INMY PIAT GRAPFTIC $c%1,s YEY FOR 50XUdARC PU1, M OMY. SDE965DacafurAvenueN. It WFpi4— FOR TAm BELL 97 HAS BEEN HIED PER FlEED tDCAIIW ON - Golden Valley, Mn. 55427 1, t\ dt / Tel. (763) 489-2970 F=(763)489-2971 b-m d JT owner— Hans Hagen Homes, Inc. Of the Plymouth Station TACO BELL BEARING BASEDMN Propose RLS Lot Split RFA9Y DP vmd49nr ASSUODAUM o De— bo 4aammt 5 t BBmB Ins7wc ,m,,, p Trov e/varmrowrrtAD m o.nete. .>, t. DI.- manna. F6 Donato a.L lamr° ,9n p, acatvd la",: a-w-.......,..,.: n...,,.. AnR P.mm.q a" 1: me wlt m O6,LSiton s...r .,on Be.mr lu rv0 nmud. mm s, nv EvbL 9e , lorelad TXESE 5TRU0R1RE5 ARE n.ws re LOT DATA and NOTES: Zr EWrt Flre xta.ne e, glee SIR ueN S o. D ;uOmEROe pXOERAWXO NE5 ARE W / 20Qh8-)-21-0029. AODRE35167Y5Co. 21 pr )106009 f (15 ]) my1- r° aM:a O EahL PIgOM1I PWtiv ea lowVe tl fR UDUtt PVNS. 0 Fa4L ST gGT0.9 I( PRI7POSf0 AGTf55 EASEMENT R) TRACT B axr TRACT A: A - u).iR,f t5.g • .) —.-- a Pop T md B E,yNnq unearpmnd d.nric m mah°e PWI pr Tmal A R.d,ea.d ,d 9 N, _ nImIY. aY ndudm F tna n Deder'al al RnrtdncNme oM Eaaema6nV for R71-1-1ymm1M1 eaa. na. to ane m UF'R'A hASSIK. BTtl P4] 60101xnte by Gni uhn®lo pm9 aaulnalY and Ne bue.n0 dnmWa we. of r' d to In. new YbInd yp MAT GeeNo Upee a dmW Lebo ,nwr elotib5 m 4 te.— Eml. Wo4r LNe Por ruuL P Dna Cana Planv Bepmnmp of qe moat aaatmlY canes al Lef 2 ®ors t. mnmq Cmntm]. 6oh°i:ufOi uv nvgemlelY wand, Enl cbprom N3 mhulnIletN,ndueeE b S can e °'' a.e gIP4pXImFarynvbt emulw. a6eitla, moa Ree - E,iaMq >n nE: P nnvtl Unit DewlapmanLP.D 'd. Pa EW,L slam se.e. P= unPL Pan P' w,aea cot ] a Wau : pelalkrein ubmasemmb i:: uwandscast2n.6 nce Xann wanes w.,l 2xm y.:L una smm zs a.,a ae nwmm n wanes west 10.001eea qmn A 3. mPom 31 mhutn 4J No xn nP MmOm y No a eonn_ to PUO prapmcd. •-- tl dad ea0a el vaa.mmla or dPM1t 01Mtn Iro° nlv,pl --- Om°lea adv4Mg 3 loot emloun For wands Weal (81.86 IevC gmev Sauln )0 eprcea 3] mFuha 16 wpFe'glafaw! =d `Z—, Na. m_ ne nbIFa ueroml B. la,-y o N. R. (Fla°tl 90010 C Rota 4ep) CammeumnlrlU. tl a umea, bot) B-n O oa. IpvbmayU. 19N2 ur. en<Mva Prmrty nua a n..tl King Yldeo Coble In(ormalion, p anaM1 Tin, Godo O 55}SUO For Bos Ilne Inloantlon, pTjT PAq°SFD Ao2a E'ASWENTVyprRAOiB4a1RSCiAp G e b Dal, SphoneDOIeSodonl O 771-5444 m Inue For NSI eIo, ria information. pnonI j,y Johnwn O 572-5187a.......:r.- Fa, U6 Wast telephone Infannotian, phone Ray Janne. O 569-3005 Detail of the Plymouth Station TACO BELL Tel. (651)361-8200 Fax (W) 361.8701 Date:, Z,/Z4/Ta ucmee No. 25341 12 S:\rud\CAD\08proJ\OB00BPP\UB008-pr,ptot-Shtl .g 2/13/2008 11,32:42 AM CST Page 10 PRELIMINARY PLAT REGISTERED LAND SURVEY NO. AND CERTIFIED SURVEY SITE PLAN DATA GRAPHIC SCALE 91E PNN w PREPNRm BY ucCOUBS — RON C COUPUIER ERP REmNS ON t/B/98for- Border Foods Companies ,gyp 1 — PREUMIN.R, P— E IAT wR E, °R EA Ms. "' art '— ..—T. 965 Dacatur Avenue N. 'DR IcD E+Gr 14cg ass BECK IIP.— t SEI 1-1 II. Valley, Mn. 55427 Tel. (763) 489-2970 Fax (763)489-2.971 Of the Plymouth Station T BEI. \• NOR H HE TH NW 1/4 OF SEC80N 2Dy N 1/4MWcomer of the Ne 1/9 and thecomerofSeclior. 20. O T_s 118. Range Z? Propose RLS Lot Split / so • h \.^nWePln C..,., N°^amens c=J.N.> t, NORTH i 44 60, S SF Mev / 23 I \ \ f'`.' I k•74, \\ ', w J/ T u CP/ Bg,Na 40N, 7a.2,R 5 3 Cb R \} yR•fE 6? r, OROOF) WI •/ — BEAR NDS B -D OM M ASSUME° DAMN F N umm` Fauna 76Jp 36395 'OR,- 1 .9 o D.neme Imo N«Mmen S*' peoe Ca tyRoo 7g°o5'0 aDPnePel aeelrlemenMl. r C Nq N a °1 yD.em.. e,m. .Irt xw m I:etea 6d NgNS \ I -/.. ( _ ' Q 1ryM1 E nL IImm Se.e. Wtd• B«lah M. alas e xp.°n ea «ama n SCF oo a" ^ o • ., « a«t. n . . b ry5 r ] 1 D.— 1 Bwk`on ;i.wil°«°: Iln mm -.d .01- f y _ 0eneteeeYaww a«vliNe 7 ` - • \ ' ea - et eon« D. 0IV. 12 8 ' \ F7si Ply 6°08 s ,* - _ umxe Pe. a« ayh'A< t° \ sgPr-R««e Fw;ta. l^e.' w 9924 o y/O.Op'Px'Yf: 6p T//yC '4' Ii:_ 39 SPACES Two I - E,.vnt_xr cml Pl: ti YC R i , E. a a.Rale E ` p0 INS °r ERBN s 9••y, ', Dm In n al a.a ne n eewr el ue1\ Dec M ]DT745Qn°.ar Ngnmm QmeP AC LNE ' ' ,- . QO 21 W1V Far NMP Ydea C ' 1Drmatobleion, phone TBn Dann O 553-9340 17 Far Min -O.... gas Ime Inl°rmtian. IBole aodMl C 321-5444 Far.,NSP dectric informplim, pnonc Jay JeM1nson O 372-3182 For US west telephone information. PM1one Roy Johnson Is 56a-SW5 F E Ink, Bal , hmebY o... that this s... pu°n •"NED°J "' BFP - C ( SONS,—by vps Pth, I tdcnhy me r oder .`.\1...... ,4 _ my dimcf upernsion tl Nat I Om Jroe ccTeT, :m s .o ISGnYO Professional Land Surveyors p Naw e9i,te/ed lend w ra °ode/ , 6776 Lake Drive NE, Suite 110 °t± wwW.eama`pm Lino Lakes, MN 55014 - Tel. (651 361-8200 Fax (651 361-8701 C 1 V/. 06ERNIlEER < "••--o' 11e- Dater,' /7/OR Licrnse No. 2574] .4ryp 6U• S\r NCAD\08p,,J\DBODBPP\08008-preptat-sht2d.g 2/13/2008 11'42.31 AM CST Page 11 CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING A REGISTERED LAND SURVEY TO SUBDIVIDE PROPERTY IN PLYMOUTH STATION TO CREATE A SEPARATE PROPERTY FOR TACO BELL FOR PROPERTY LOCATED AT 16855 COUNTY ROAD 24. (2008032) WHEREAS, Border Foods, Inc. has requested approval of a registered land survey to subdivide a property to create a separate parcel for the Taco Bell restaurant located at 16855 County Road 24, and WHEREAS, the property is legally described as follows: Lot 1, Block 1, Plymouth Station, except the two parcels described as follows: Those parts of said Lot 1 embraced within Outlot D, Dunkirk Meadows, and the Northerly and Southerly extensions of the East and West lines of said Outlot D; and That part of Lot 1 embraced within Registered Land Survey No. 1776, Hennepin County, Minnesota. That part of the Northeast Quarter of the Northwest Quarter of Section 20, Township 118, Range 22 designated as "Public Road" in the plat of Plymouth Station. That part of the Northeast Quarter of Section 20, Township 118, Range 22 described as follows: Beginning at the point of intersection of the Northerly line of the plat of Plymouth Station with the East line of the West 33 feet of said Northeast Quarter, thence South along the East line of said West 33 feet on an assumed bearing of South 1 degree 03 minutes 19 seconds East a distance of 100 feet; thence Northeasterly on a bearing of North 66 degrees 06 minutes 36 seconds East to a point on the Northerly line of said plat distant 100 feet Southeasterly from the point of beginning; thence Northwesterly along the Southwesterly line of State Highway No. 55 as platted in Dunkirk Meadows to the point of beginning. That part of Lot 1, Block 1, Plymouth Station, embraced within Outlot D, Dunkirk Meadows and the Northerly and Southerly extensions of the East and West lines of said Outlot D. Tract B, Registered Land Survey No. 1776, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. Page 12 Resolution 2008- 2008032) Page 2 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 Border Foods, Inc. for a registered land survey to create a separate parcel for the Taco Bell restaurant located at 16855 County Road 24, subject to the following findings and conditions: 1. The registered land survey is approved in accordance with the application and plans received by the City on April 17, 2008, except as may be amended by this resolution. 2. All properties are subject to the requirements of the Plymouth Station PUD. 3. Prior to recording the RLS, the applicant shall submit a separate easement document consistent with the regulations in the Subdivision Regulations that establishes a drainage and utility easement over the existing traffic signals, loop detectors, and related improvements at the main entrance of the development on County Road 24. 4. The applicant shall furnish proof of recording to the City as follows: a) a recorded copy of the Registered Land Survey and b) a recorded copy of the drainage and utility easements over the traffic signals, loop detectors and related improvements. 5. This approval shall expire one year after the date of approval, unless the property owner or applicant has recorded the RLS, 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 510 of City Code. ADOPTED by the City Council on June 10, 2008. 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 June 10, 2008, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 13 Agenda Number ft® A4File2008041 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Marie Darling (509-5457) through Barbara SennePlanning Manager MEETING DATE: June 10, 2008 APPLICANT: Komplete Academy PROPOSAL: Conditional Use Permit for an indoor commercial recreation use in the I-2 Zoning District LOCATION: 9909 South Shore Drive REVIEW DEADLINE: September 12, 2008 PROPOSED MOTION: Move to adopt the attached resolution approving a conditional use permit for an indoor commercial recreation use for Komplete Academy, as recommended by the Planning Commission. Approval of a conditional use permit requires a 4/7 vote of the City Council. DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit to allow a 12 -week summer program for girls ages 8-14, an indoor commercial recreation use as defined in the City's Zoning Ordinance. The applicant provides art, dance/fitness, and creative writing classes Monday through Friday from 9 am to 4 pm. The applicant opened the business for the summer of 2007 and the City recently became aware of the program through a complaint. The business occupies 2,000 gross square feet within the northeast corner of a 158,880 square -foot building. Page 1 File No. 2008041 Page 2 PLANNING COMMISSION ACTION: At their June 4, 2008 meeting, the Planning Commission unanimously recommended approval of this item. No one from the public requested to speak. The Planning Commission minutes are attached. Notice of this public hearing was published in the Official Newspaper and mailed to all property owners within 500 feet. Development signage was also placed on the site. CONTEXT: Surrounding Land Use and Zoning Previous Actions Affecting Site The building was constructed in 1967. The City Council approved site plan amendments for parking expansions on this site in 1984 and 1993. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed project meets the standards listed in the Zoning Ordinance. If it meets the specified standards, the City must approve the permit. However, the level of discretion is affected by the fact that some of these standards are open to interpretation. PROPOSAL: The applicants are requesting approval of the conditional use permit to operate an approximately 12 -week summer program. According to the applicant's narrative, the program seeks to develop self-confidence, academic achievement and artistic expression. In 2008, the program would run from June 16 to August 29. ANALYSIS: The use proposed is consistent with the definition for indoor commercial recreation and is similar to dance and cheerleading studios and other instructional businesses operating in other industrial buildings. Their use does not meet the definition of a school or a day care facility, neither of which are permitted in industrial districts. The site has 248 parking spaces, where 234 are required by the Zoning Ordinance. Page 2 ceZoninAd'ant Ulna Vie Guid1119:, Northwest Single Family Homes LA -1 RSF-2 East Medicine Lake Park P -I P -I Northeast Ryerson Steel IP I-3 East Industrial Uses IP I-3 South Industrial Uses IP I-2 Previous Actions Affecting Site The building was constructed in 1967. The City Council approved site plan amendments for parking expansions on this site in 1984 and 1993. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a conditional use permit is limited to whether or not the proposed project meets the standards listed in the Zoning Ordinance. If it meets the specified standards, the City must approve the permit. However, the level of discretion is affected by the fact that some of these standards are open to interpretation. PROPOSAL: The applicants are requesting approval of the conditional use permit to operate an approximately 12 -week summer program. According to the applicant's narrative, the program seeks to develop self-confidence, academic achievement and artistic expression. In 2008, the program would run from June 16 to August 29. ANALYSIS: The use proposed is consistent with the definition for indoor commercial recreation and is similar to dance and cheerleading studios and other instructional businesses operating in other industrial buildings. Their use does not meet the definition of a school or a day care facility, neither of which are permitted in industrial districts. The site has 248 parking spaces, where 234 are required by the Zoning Ordinance. Page 2 File No. 2008041 Page 3 FINDINGS: Staff used the seven general standards in Section 21015 of the Zoning Ordinance to make the following findings on the conditional use permit. A copy of the standards is attached. Comprehensive Plan The proposed use is consistent with the IP guiding classification of the City's Comprehensive Plan as a use compatible with industrial uses. Impact on Surrounding Property The summer program would not be injurious to the use and enjoyment of immediately surrounding properties nor would it diminish and impair property values within the neighborhood because the program would be located within the existing building and no changes would be made to the building footprint or parking lot. Indoor commercial recreational uses are a conditional use in the industrial zoning districts. Public Facilities The subject site is adequately served by public facilities. Additionally, East Medicine Lake Park would provide opportunity for outdoor activities otherwise unavailable in an industrial district. Performance Standards Section 21015.04 of the Zoning Ordinance states that conditional uses shall be in compliance with any federal or state laws or regulations. The building was constructed prior to the adoption of modern building codes and its construction type, size and location on the property render it non -conforming to the State Building Code. Therefore, the intensity of the uses in the building is subject to limits, and the occupancy of any use is limited to 1 person per each 100 gross square feet. As the applicant has 2,000 gross square feet, they may not exceed 20 persons in the tenant space at any one time in any combination of instructors and participants. Staff has added a condition in the resolution to this effect. Although the applicant can operate with this restriction now, the condition would limit the applicant's ability to grow in this location. CONCLUSION: This application is subject to both measurable standards and standards that are open to interpretation. Staff has concluded that the application meets all measurable standards of the ordinance. However, since this conclusion is based upon standards that are open to some interpretation, the City Council could reasonably reach another conclusion on this application. Page 3 File No. 2008041 Page 4 RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit to allow a summer program for Komplete Academy 'to operate at 9909 South Shore Drive, subject to the conditions listed in the attached resolution and as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. Conditional Use Permit Standards 3. Applicant's Narrative 4. Location Map 5. Notification Area Map 6. Aerial Photo 7. Site Graphics 8. Resolution Approving Conditional Use Permit Amendment 0:\PLAN\STAFFREP\O:\PLAN\STAFFREP\CC\2008\2008041 cc komplete.doc Page 4 Draft Planning Commission Minutes June 4, 2008 B. KOMPLETE ACADEMY (2008041) Chair Holmes introduced the request by Komplete Academy for a conditional use permit to allow an indoor commercial recreation use in the I-2 zoning district for property located at 9909 South Shore Drive. Senior Planner Darling gave an overview of the staff report. Commissioner Nelson asked about the complaint that was received by staff. Senior Planner Darling said that staff were told that there was a use in the building that did not appear to be standard industrial or office use and were asked to investigate. Commissioner Jaffoni asked if under the comprehensive plan heading on page 3 of the staff report, if the P -I guiding would be I -P guiding. Senior Planner Darling said that the letters were reversed and that the staff report should read I -P guiding. Commissioner Jaffoni asked if the complainant was aware of the occupancy limitation and if they agree with the condition. Senior Planner Darling said that the applicant is now aware of that particular restriction. She said that they are currently a very small program with only seven girls and that they can operate within that restriction for the time being. She said that should they continue to grow, they would have to come back before the Planning Commission and City Council to request additional space in order to maintain the 1 person per each 100 gross square feet or they would have to look for another location. Chair Holmes introduced the applicant's representative, Eli Russell from the property management company. Mr. Russell said that he was available for questions. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. Commissioner Aamoth asked why this approval would expire after one year. Planning Manager Senness said that approval would expire after one year if the applicant had not started the project. She said that this is standard resolution language and that it would not apply since the applicant already occupies the space. Planning Manager Senness said that Commissioner Weir commented that he would support the request fora conditional use permit. Commissioner Jaffoni asked why this operation would not be considered a school. Senior Planner Darling said that by the Zoning Ordinance definition, it would have to qualify to meet the. state's requirements for compulsory education to function as a school and this use does not meet that criteria. Page 5 Draft Planning Commission Minutes June 4, 2008 MOTION by Commissioner Nelson, seconded by Commissioner Jaffoni, to approve the request by Komplete Academy for a conditional use permit to allow an indoor commercial recreation use in the I-2 zoning district for property located at 9909 South Shore Drive. Roll Call Vote. 6 Ayes. MOTION approved unanimously, 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 7:22 p.m. Page 6 ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied 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 not limited to) 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 within the neighborhood. 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) Page _7 i. E omplete'A May 08,2008 Dear City Of Plymouth, rr. Komplete Academy is a nonprofit organization that provides a 12 week summer program for girls ages 8 to 14. While attending Komplete Academy the girls will participate in 3 classes, art, dance/fit and creative writing/computer lab! Komplete Academy's hours of operation are Monday through Friday from 9:00a.m. until 4:00 p.m. The girls are dropped off by their parent's in the morning and picked up by their parent's at the end of the day. The mission of Komplete Academy is Kids Of Many Promises Learning Everyday To Excel.Komplete Academy's projects, implemented by a well trained staff of four employees, provide many opportunities which benefit the girls,attempting to _develop them into young,respectable ladies. Supporting the development of self-confidence,academic achievement,and artistic expression,Komplete Academy provides the girls with a thorough foundation for future success. Amended 7 confirmed members 4 Employees 3 class sessions(lhr and 30min each) Summer session only Respectffully, Sonya Reese MAY 1 3 2008 d<<, 4- Gi VUP Page 8 9909 South Shore Drive D Suite 174 o Plymouth, MN 5544 ( a P 763-540-0001 F 763-540-0002 Kids Of Many Promises Learning Everyday To Excel" ontact Info: home: ori(: 1 Cell: i Email Address: I f ergency Contact: a mments: Kids Of Many Promises Learning Everyday To Excel! KOMPLETE ACADEMY 9909 S. Shore Dr. Suite #174 Plymouth, MN 55441 Phone: 763-540-0001 Fax: 763-540-0002 www.kompleteacademy.com I(OMPLETE ACADEMY is an Academy for girls age 8-14. At the Academy the girls will participate in Art, Dance/Fit and Creative Writing f R p Lab. These activities ill e fun as well as educa o a the Academy we ca t. I{ids 0" ffany Learning Ever Excel!. ABOUT S! Fit 0 ber tuto CD3 0 nee Activities Art: It's all about your imagination in this creative and fun activity. If you like to draw and paint, you will love partici- pating in our art activities. Each day there is a new and fun assignment planned. Dance/Fit: Learn the latest dance moves while exercising and getting fit. This fast paced activity will get your body moving while your feet are grooving. hed routines! Lab: youramagination kun wild in this Live-class=>=Enjoy writing short ies and poetry. In our computer you will be engaged in fun activi- while learning basic computer Location Map- 2008041 Komplete Academy 9909 South Shore Drive Request for a Conditional. Use Permit rl2b of Plymouth, Minnesota 0 1 N§ V§ w Q U) M O z 2 w Q Legend C, Comercial FUCC, City Center CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 0 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 0 LAR, Living Area Rural P -I, Public/Semi-Public/I R 700 350 0 700 1,400 RM Feet Page 11 Notification Area Map Parcel Information: --- --- Parcel ID: 25-118-22-44-0011 Owner Name: MEDICINE LAKE PROP PLYMOUTH Parcel Address: 9909SOUTH SHORE DR PLYMOUTH VIN, 55441 Buffer Size: 500 ft. Date Printed: 5/8/2008 2:21:28 PM i i r. }'"t 5 204"I J i Page 12 Aerial Photograph- 2008041 City of Plymouth, Minnesota 375 187.5 0 375 750 Feet Page 12 WINDOW STORE i8o To MCH 606 USF CO 1— 61 USF JGM MEDICINE LAKE PROPERTIES - FIRST FLOOR - EA5T ENTRANCE 9909 5GVrH 5HORE DRIVE 5WARE FOOTAGE 5CHE4ATr, MMNEAPOU5, MN 55441 o v KOMPLETE ACADEMY 174 1,819 USF VACANCY 172 1,540 USF VACANCY 170 1,050 USF Dog o-+ I SEC'mv m'X9 canow Ker N KM DATE 17/11/07 "C GUUU1! MAY _.. 9 2008 SENIORS' CHOICE IA 736 USF - Q LI AUTOMATED PROCESS 2s USF Q SYSTEMS Co 18 1,256 USF BYSTROM CONVEYING AND PROCESS, INC. 52 USFFFPALMITER o 30 o Fy INTERNATIONAL RECRUITING INC If TRADE 111G 330 USF o EXCHANGE 175 750 USF z 2 l SF z MECH 00 87 USF WINDOW STORE i8o To MCH 606 USF CO 1— 61 USF JGM MEDICINE LAKE PROPERTIES - FIRST FLOOR - EA5T ENTRANCE 9909 5GVrH 5HORE DRIVE 5WARE FOOTAGE 5CHE4ATr, MMNEAPOU5, MN 55441 o v KOMPLETE ACADEMY 174 1,819 USF VACANCY 172 1,540 USF VACANCY 170 1,050 USF Dog o-+ I SEC'mv m'X9 canow Ker N KM DATE 17/11/07 "C GUUU1! MAY _.. 9 2008 SU WE)" ),OR d0 - Moose LAKE PROPERTIES Off' AYmollTu LUTHERAN j8RoTHcQHOOD iPIPTlnx. . ReglsterTJ Cand 5 vey Ila. 1216. Piles o[ I!ents.... of TicleaA [ ouncy n. Hen epinur All th.c Pa. rt u. the three flollnrf.q described tracts mf Iona, to vat. 11 "111 eyed —d Survey i! 9J2, Tiles vL Registrarofr : L; s, on tr of uennen:a:.nu . 21 That 1'a:t of 0 n rct1lyinqN he.i[vrly e( A line lat tlrar,. I: sm cnanngluepefnc in he nter line of Sdnth Shofe r. pcetl In E s—III", I.a ke2nd Addi tfonl[M1eOni,r_ 1111— tit in said a eac r l_ baso, oppesfty the angle poi ns t 2. Dlack1,f said plat —'d the angle polo, i said c r Ilne bvinq M1ervi natter knvrn a A) t then of Trac[ A, Pegisteretl L-11 PS vvy N 913, 2ntleA.in sle ] sopa rcctlona25J Ln...Mflpli,Rofl Ea Zdlcine Lake 11 Thu S. t 1/1 0( [he Seucheasc 1/9 v[ Sec[ton 25. nsh ki,I1B, Pnn eeept that part embraced i the plat dfrEas !!edl eine ke 2ndsldditien, a es cept tM1 ntnpart enbrnre: In PeglstereJ Lava Suc-,Y, N., 921 and 912; vnicn lies s t . 5 vrlY e[ a line arae r erly from cne. 1-1111sc tTrePeNieteretlnLandtSo veY 0 M1x]6, Pf lei ofRorrrittea, [zunlY o[ nnepi`. to a Poa o c cencgr ine ogsouMr5h0re wive Platted [n E xedicine kenlnE Adtlttiondistant50tactIrtbans[crly, mean red along acid line, center (rancneamrementiaqipomcA. RAL XMEs: 1) . _ Denotes t:en monument fano,. 21 0 - D nun monumnnt sec. 3) Sal_—. - De .tea building s a thevk lions es vbtainca from tCftyofPlymouth, he 11 Arca of prone y: J02,J 21 squv re fleet Or 9.2160 a Roads 2].119 svuare Leet er 0.62 J0 e Nec Iy5,IR2 agvece Leet er R.6110 acres. 51 Th— la none u[ this p'."1.1, baler the .1. contour, which is cne1 -..pial. control eicve tf on. 61 All ea sementrtM1a[ are listed In Ticly insurance [ .puny a[ xlnnesota Appl: ca tion No. 11521121-C are shorn on the survey. I The 'puna.."¢. of cne property ere not I' harmony uith the legal descrip[Sen o cue parcel that abuts south Snore Ori ve. TM1[s docs effac[ the building vhith to totally nn Tract A, RvgteteredLend5urveyNu. 1216. RI Th. southeast ,turner of the building iv —hi. the avtbnck Ifmita. d this 2]tM1 say of August, 19R 1, cc shoe Per cert[[" ca Clans anu easements Per tltle 'inset. 101 TM1ere era 211 I:a 11,, stalls oaf st., en a at[e. Nc ca se vhcrc thea c n get ne more ata lla a v' Cosy o(ntah[eIblacktepteas, It y be possible te` getttnee285sa Cella th r qulrea. are 111 The address of the building fs 9909 South Shore Drlvc. Iz/ vized this 0!li day of January, ""' t' sngr rev 1 ,l a cdpcion e i -d J sc nip tlonlls eln normenyfritn ebesEounJariezmes eshopn o thio survey (s.v note No. ]), n 1 Oav:Jed Dee ,e,,g90 m chew eddl{,enrol imp.owmeala. Sv C CJ1 I LereRpey c tifq t a:• I t,u L la kvRdge p[ar`cr o[ Ply..v t1,. i.imlttN yir eP Insurance [o.p cion. ;ceneran Prut nt•uJaboveeescrLbednyofen ¢soca th.,I have eu vc d IM1esheaaloectl ;roe ¢un. ne oreriv, Ilr cbound. rfvs. he o ti e.n mJ on. nl all r. ible 0 s[tvctu res thvr.•ma ..., _ I. D... ... Lscnn.t Fe. .... 1r- L'S 649 A'. :\ras. 6y/gy 36 PaePa—_aEo eY I f.e c4 4l'// yO.Y d 9e u9 i, Hn• PDp\ Ywy Ydi± \ 4\Posh' \ ry a` SCNDELL c(' MADSON, INC. ENGINEERS f SURVEYORSQS oDY I LereRpey c tifq t a:• I t,u L la kvRdge p[ar`cr o[ Ply..v t1,. i.imlttN yir eP Insurance [o.p cion. ;ceneran Prut nt•uJaboveeescrLbednyofen ¢soca th.,I have eu vc d IM1esheaaloectl ;roe ¢un. ne oreriv, Ilr cbound. rfvs. he o ti e.n mJ on. nl all r. ible 0 s[tvctu res thvr.•ma ..., _ I. D... ... Lscnn.t Fe. .... 1r- CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR KOMPLETE ACADEMY AT 9909 SOUTH SHORE DRIVE. (2008041) WHEREAS, Komplete Academy has requested approval of a conditional use permit amendment to allow operation of an indoor commercial recreational use for a summer program in the existing building on property legally described as follows: Tract A, Registered Land Survey No. 1236, Files of Registrar of Titles, County of Hennepin. All that part of the three following described tracts of land, to -wit: Tract A, Registered Land Survey No. 942, Files of Registrar of Titles, County of Hennepin; and That part of Government Lot 4 lying Northeasterly of a line drawn from the angle point in the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition (the angle point in said center line being opposite the angle point in Lot 2, Block 1, of said plat and the angle point in said center line being hereinafter known as Point A) to the southwest corner of Tract A, Registered Land Survey No. 942, except that part embraced in the plat of East Medicine Lake 2nd Addition, Section 25, Township 118, Range 22; and The Southeast 1/a of the Southeast '/a of Section 25, Township 118, Range 22, except that part embraced in the plat of East Medicine Lake 2nd Addition, and except that part embraced in Registered Land Surveys No. 921 and 942; which lies Southwesterly of a line drawn Northwesterly from the Northeast corner of Tract A, Registered Land Survey No. 1236, Files of Registrar of Titles, County of Hennepin, to a point on the center line of South Shore Drive as platted in East Medicine Lake 2nd Addition distant 50 feet Northeasterly, measured along said center line, from the aforementioned Point A. WHEREAS, the Planning Commission has reviewed the 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 Komplete Academy for a conditional use permit for property located at 9909 South Shore Drive, subject to the following conditions: Page 16 Resolution 2008- 2008041) Page 2 of 2 A conditional use permit for a summer program is approved, in accordance with the application and plans received by the City on May 9 and 13, 2008, except as amended by this resolution. 2. Signage shall comply with the sign regulations of the Zoning Ordinance. 3. The use may not exceed the allowed occupancy for the space as defined by the State Building Code. 4. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 5. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. 6. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially begun the use, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21015.07 of the Zoning Ordinance. ADOPTED by the City Council on June 10, 2008. 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 June 10, 2008 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal ofthe City this day of City Clerk Page 17 DATE: June 2, 2008 for the City Council Meeting of June 10, 2008 TO: Laurie Ahrens, City Manager through . Doran Cote, P.E., Director of Public Works FROM: Scott Newberger, Utilities Superintendent SUBJECT: APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR WELL NO. 16 CITY PROJECT NO. 7114 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: The City's Water Supply and Distribution Plan portion of the Comprehensive Plan identifies the need for at least one additional well in the Zachary Well Field to service the current needs and future development of the City. The 30" by 18" production well will be connected to the Zachary Water Treatment Plant by constructing a watermain from the well to an existing 20" raw watermain at Well No. 10. In order to determine an appropriate site for Well No. 16, the City retained the services of Bonestroo, Rosene, Anderlik & Assoc. Inc. to conduct a site investigation and prepare a Preliminary Report. It was determined that a site on the north side of Fire Station No. 2, which is located at the northeast corner of Larch Lane and Old Rockford Road, would physically be suitable for the construction of a municipal well and based on a geologic study and test well drilling and pumping, the location would provide an adequate supply of water. On May 27, 2008, the City Council approved a site plan amendment to allow the construction of the pump house facility on this site. Construction. of the well is the first portion of the project and has been separated for bidding purposes due to the unique nature of well drilling. BUDGET IMPACT: The construction of Well No. 16 and raw watermain is included in the .2008- 2012 Capital Improvements Program (CIP) and budget for a total project cost of $1,750,000. The total estimated cost from the Preliminary Report, including engineering and administration is $1,204,156. This portion of the project is estimated to cost $250,350.00. 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 June 26, 2008. attachments: Map Resolution 0AEngineeringTRO7ECTS\2000-2009\7114\Memos\CC_Approveplans-specs_7, Page 1 I City of Plymouth Well #16 Location Map kf°ra v oad R° Well #16 Location Fire Station #2 a r a R° a 01a R CITY OF PLYMOUTH RESOLUTION NO. 2008 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WELL NO. 16 CITY PROJECT NO. 7114 WHEREAS, pursuant to a resolution passed by the Council on October 9, 2007, the City's Consulting Engineer, Bonestroo Rosene Anderlink and Associates, has prepared plans and specifications for Well No. 16, the drilling of a 30" x 18" production well on the property adjacent to Fire Station No. 2 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 for the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on June 26, 2008, at which time they will, be publicly opened in the Council Chambers of the Plymouth City Center building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City 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 June 10, 2008. 0AEngineeringTROJECTS\2000 - 2009\7114\Resol\Res_Approve-7114.doc Page 3 Agenda Number: 6 . ® 6 TO: Laurie Ahrens, City Manager FROM: Paul Buck, Forester, through Eric Blank, Director of Park and Recreation SUBJECT: Adopt Ordinance Amending Section 2020 of the City Code regarding Nuisances, Shade Tree Disease, and Pest Control DATE: June 3, 2008, for Council Meeting of Jun.e 10, 2008 1. ACTION REQUESTED: Adopt Ordinance Amending Section 2020 of the City Code, which would authorize discontinuance of sending certified letters as the official means of notification for removal of diseased and hazardous trees. 2. BACKGROUND: For over 30 years, the City Forester has been responsible for the Shade Tree Disease and Pest Control Program. The Shade Tree Disease and Pest Control Program provides for the marking and subsequent removal of diseased and hazardous trees, many of which occur on private property. Upon determination of diseased and hazardous trees, staff sends certified letters to the property owners advising them of the nuisance situations. Property owners have 20 days to remove the trees. Nearly 98% of all trees are removed by property owners without incidence. For the few owners that refuse or can't remove the trees, the City removes the trees and bills the property owners. 3. DISCUSSION: Although certified letters are used for their ability to ensure the information is received by the property owners, there are "downfalls" that outweigh their usefulness such as: Many property owners find it difficult to go out of their way to pick up certified letters at the Post Office. The certified letter only delays information delivery. Many property owners avoid certified letters, knowing that they are not typically good news. The returned green acknowledgement cards tend to get lost in the mail or mis-delivered. Staff has discovered several errors with the certified letter system, and can't rely on the green acknowledgement cards being returned. Staff has contacted other cities regarding their notification procedures to property owners. The majority of the cities don't utilize certified letters, or if they do, it's very sparingly: City Certified Letters Golden Valley No St. Louis Park Only to non-compliant residents 11700802 1 Page 1 Minnetonka No Minneapolis No Eden Prairie No, sometimes to non -complaints St. Paul No Coon Rapids Yes Brooklyn Park Yes Staff is recommending the listed procedures below that would be a more "friendlier" approach. These procedures would negate the necessity of making additional trips to the properties: 1) After the marking of the trees, staff would place a door hangar on the property owner's door. The door hangar would state that a letter would follow in U.S. mail, and it would reference the City's website for additional information. 2) Send out the DED tree removal notification in regular mail with a tree removal sheet. The sheet would include the due date for removal so the property owner would know when the work needs to be completed. 3) After the due date, if the work is not completed, staff would give the property owner a work not complete" notice which asks them to contact the City within 24 hours or the City would assume removing the trees. This door hanger notification would also include the cost of potential force cut removal. 4) After the 24 hours of being notified of the "work not complete" notice, staff would attempt to contact the property owner. If there is still no response, staff would issue a force cut. 5) If the work is completed by the property owners, staff would hang a "thank you" door hanger on their door. For the majority of tree removal situations, this process would provide information in a more timely fashion and be a friendlier experience for the property owner. For the small percentage of non-compliant property owners, they too would have more information in a timely fashion, but the consequences would be clearly conveyed. 4.. BUDGET IMPACT: Staff sent 430 tree removal notice letters in 2007 at a cost of $2,300, not including an additional 50 hours to process. Some of the savings would be offset by the creation of customer friendly door hangers, but the biggest savings would be increased efficiency of staff time. 5. RECOMMENDATION: Adopt Ordinance Amending Section 2020 of the City Code, which would authorize discontinuance of sending certified letters as the official means of notification for removal of diseased and hazardous trees. 11700802 2 Page 2 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2008 - AN ORDINANCE AMENDING CHAPTER XX OF THE PLYMOUTH CITY CODE CONCERNING SHADE TREE DISEASE CONTROL THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 2020 of the Plymouth City Code is amended as follows: Section 2020 - Nuisances; Shade Tree Disease and Pest Control 2020.01. Declaration of Policy. The City Council has determined that the health of the Shade Trees within the city limits is threatened by Shade Tree Diseases and pests. It has further determined that the loss of Shade Trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is the intention of the City Council to control and prevent the spread of these diseases and pests, and this Section is enacted for that purpose, and to conform to the policies and procedures embodied in Minnesota Statutes, Ch Seetierrs 18.02318 89, as amended, and rules promulgated here tinder. 2020.02. Definitions. For purposes of this Section, the term "Commissioner" means the Commissioner of the State Department of Agriculture. 2020.03. Forester. Subdivision 1. Position Created. The powers and duties of the City Tree Inspector as set forth in this Section are hereby conferred upon the Forester. The Forester may designate a member of the Forestry staff to perform the duties of Tree Inspector. Subd. 2. Duties of Forester. It is the duty of the Forester to coordinate, under the direction and control of the City Manager or such other employee as the City Manager shall designate, all activities of the municipality relating to the control and prevention of Shade Tree Disease. She/he shall recommend to the City Manager and City Council the details of a program for the control of Shade Tree Disease, and perform the duties incident to such a program adopted by the Council. 2020.05. Shade Tree Disease Program. It is the intention of the Council of the City of Plymouth to conduct a Shade Tree Control Program pursuant to the authority granted by Minnesota Statutes Chapter 18.'z aQ8946, as amended. This program is directed specifically at the control and elimination of Shade Tree Diseases and pests and is undertaken at the recommendation of the Commissioner, and in conformance with rules promulgated by the Commissioner. The City Forester shall act as coordinator between the Commissioner and the Council in the conduct of this program. / 117008v02 1 ' r i Page 3 2020.07. Shade Tree Diseases. Subdivision 1. Nuisances Declared. The following things are public nuisances whenever they may be found within the City: a) Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ophiostoma Nova-Ulmi of Ophiostoma U -ni or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh.) or Hyluigopinus Rufipes (Marsh). b) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide. c) Any living or standing oak tree, or part thereof infected to any degree with oak wilt disease. d) Any tree or shrub which in the opinion of the Forester, has become or threatens to become a hazard so as to adversely affect the public safety, whether such tree or shrub shall be on public or private property. e) Any insect and/or pest that threatens the health of the Shade trees, including, but not limited to, the Gypsy moth, Asian Long -horned beetle, and Emerald Ash borer. Subd. 2. Abatement. It is unlawful for any person to permit any public nuisance as defined in Subdivision 1 to remain on any premises owned or controlled by that person within City limits. Such nuisances may be abated in the manner prescribed by this Section. 2020.09. Inspection and Investi agtion. Subdivision 1. Frequency o eUction. The Forester or his/her agents shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Subsection 2020.07 exists thereon. She/he shall investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles or oak wilt, or other Shade Tree Diseases and pests or hazardous trees and shrubs. Subd. 2. Entry on Private Premises. The Forester or his/her duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him/her under this Section. Such inspections shall be preceded by a legal notice published once annually in the City's legal newspaper informing all property owners within the City to destroy and dispose of tree materials declared a nuisance by Section 2020.07. Subd. 3. Diagnosis. The Tree Inspector shall identify diseased trees according to generally accepted field diagnosis procedures such as wilting, yellowing of leaves and/or staining of cambial wood under tree bark. Confirmation of field diagnosis, when ordered by the Forester shall be completed by a Tree Disease laboratory approved by the Minnesota State Department of Agrie-u1#rreNatural Resources. The Tree Inspector shall .assess potential hazardous trees according to the guidelines as established by the r mins„* T„`roUSDA Forest Service in "^ uaza-F Trn Manu-alUrban Tree Risk Management." A hazard tree is a tree with a mechanical defect that is likely to cause a tree, or a part thereof, to fail and said failure has the potential to adversely affect a target. A "target" includes, but is not limited to, people, vehicles, buildings, and property, etc. 11700802 2 Page 4 Trees without targets are not considered hazards even if they are likely to fail and can be considered beneficial in habitat protection. 2020.11. Abatement of Shade Tree Disease Nuisances. In abating the nuisances defined in this Section, the Forester shall cause the infected tree, shrub or wood to be removed, burned, debarked, trenched or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of disease and pests. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and procedures as may be established by the Commissioner of Agriculture. 2020.13. Procedure for Removal of Infected Trees and Wood. Subdivision 1. Findings. Whenever the Tree Inspector finds with reasonable certainty that the infestation defined in this Section exists in any tree, shrub or wood in any public or private place in the City, he/she shall proceed as follows: If the Forester finds that danger of infestation of other trees is imminent, or a potentially hazardous condition is identified, he/she shall notify the property owner by eai:tified mail and b leavingeaving a notice on the property that the nuisance will be abated within a specified time, not more than 20 (twenty) days from the date of mailing of such notice. After the expiration of the time limited by the notice, the City may abate the nuisance, the costs of which will be assessed against the benefiting property as provided in 2020.13, Subd. 3. Subd. 2. Records. The Forester shall keep a record of the costs of abatements ordered under this Subsection and shall report to the City Council all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. Subd. 3. Notice; Hearing. The Cotmcil shall publish notice of its intention to meet to consider the adoption of a special assessment roll in accordance with the report provided by the Forester. The notice shall be mailed to affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the properties affected, action proposed, and the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the proposed assessments. The Council shall thereafter adopt a resolution confirming the original resolution with such modification as it considers for the levy of special assessments. Subd. 4. Assessment. Following the public hearing provided for in Subd. 3., the Council may then spread the charges or any portion thereof against the property involved as a special assessment under pertinent State statutes for certification to the County Auditor and collection the following year along with current taxes. 2020.15. Tree Inspector; Program. The Forester shall conduct the Shade Tree Diseas Control Program in accordance with the rules and regulations of the Commissioner embodied in z"=GR101 4.20 "S4eelisease Goi4raILMN Statute 89.63 and subsequent amendments thereto. 117008vo2 3 Page 5 2020.19. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Forester or his/her agents while they are engaged in the performance of duties imposed by this Section. SECTION 3. This ordinance shall be effective following its passage and publication. ADOPTED by the City Council of the City of Plymouth, Minnesota this day of 52008. ATTEST: Sandra Paulson, City Clerk 117008v02 0 Kelli Slavik, Mayor - Page 6 Agenda Number: 16 0 TO: Laurie Ahrens, City Manager FROM: Sandy Engdahl, City Clerk, t ough Cal Portner, Administrative Services Director SUBJECT: Resolution Repealing Policies and Ordinance Amending Section 200 of the City Code Concerning City Council Rules of Procedure DATE: June 4, 2008, for City Council meeting of June 10, 2008 1. ACTION REQUESTED: Adopt Resolution Repealing Policies and adopt Ordinance Amending Section 200 of the City Code Concerning City Council Rules of Procedure. 2. - BACKGROUND: The City Attorney and staff have reviewed the following policies regarding City Council's rules of procedures: A. Policy Establishing Procedures for Use of Consent Agenda B. Policy Regarding Plymouth Forum C. Policy Relating to City Council Meeting Rules of Procedure D. Policy on Conduct of Regular Meetings of the Plymouth City Council The recommendation is that these policies be repealed. The language contained in the procedures for the Consent Agenda and Plymouth Forum (items A and B) would be incorporated into Section 200 of the City Code (see attached proposed ordinance). For items C -D, those provisions are contained in Roberts Rules of Order which the City has adopted according to Section 200.17; therefore, it isn't necessary to include this language. During the review of Section 200 of the City Code, three subdivisions are recommended to be deleted: 1. Section 200.05, Subd. 2, Establishment of Agenda. The City Manager determines the items that are on the agenda so a deadline for items isn't necessary. 2. Section 200.23, Subd. 4, Motions, Petitions, Communications. This language is contained in Roberts Rules of Order. 3. BUDGET: There would be no impact to the City's budget. 4. RECOMMENDATION: Adopt Resolution Repealing Policies and adopt Ordinance Amending Section 200 of the City Code Concerning City Council Rules of Procedure. i Pagel ATTACHMENT A The eonsepA agenda sha4l eefftaiii routine, r-egular- and nen eent-rever-sial items 44iieh require f`.,,,,,..;, ,,etio,, 1.,,+ 1;++10 .70,:1.0,-.,tio 5. Consent agenda items sha4l be in#odueed by the Cit -y Manager and iderAified, at least by subje..+ ,,. at4e ,- xe+;+;one at the 1.0.,;,,.,,in of the r,,,,,,..;1 meeting Page 2 ATTACHMENT B Si AN Page 3 ATTACHMENT C Page 4 Page 5 IIsINI jl Jj I iIN, Page 5 ATTACHMENT D Page 6 on Page 6 1p Page 6 Page 7 MINN- Nimii-e- Page 7 CITY OF PLYMOUTH RESOLUTION NO. 2008 - REPEALING VARIOUS POLICIES WHEREAS, staff has identified the attached list of policies ("Attachments A -D") that are no longer needed as they have been addressed through the City Code or Roberts Rules of Order, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL, that the policies contained in "Attachments A -D" are hereby repealed. ADOPTED by the Plymouth City Council on June 10, 2008. Page 8 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2008 - AN ORDINANCE AMENDING CHAPTER II OF THE PLYMOUTH CITY CODE CONCERNING CITY COUNCIL RULES OF PROCEDURE THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 200 of the Plymouth City Code is amended as follows: 200.01. Meetings of the Council. Subdivision 1. Regular Meetings. The City Council annually shall establish a schedule of meetings for that year. The Council may cancel any regular meeting. At least one regular meeting shall be held in each calendar month. Subd. 2. Special Meetings. The Mayor or any three members of the Council may call a special meeting of the Council upon at least 24 hours written notice to each member of the Council. This notice shall be delivered personally to each member or shall be left at the member's usual place of residence with some responsible person. Notice to the public shall be given in the manner required under State law. 200.03. Initial Meeting. At the first regular Council meeting in January of each year, the Council shall: 1) Designate the depositories of City funds; 2) Designate a legal newspaper of general circulation in the City as the official newspaper; 3) Choose one of its members as Deputy Mayor, who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City or, in case of a vacancy in the office of Mayor, until a successor has been appointed and qualifies; 4) Appoint such officers (including Council Secretary) and employees and such members of boards, commissions, and committees as may be necessary. 200.05. Agenda. Subdivision 1. Reports, Requests, etc. Petitions, requests, and communications addressed to the Council, which in the opinion of the Manager, or by law, necessitate advisory commission reports before disposition by the Council (except those required by law to come before the Council initially), shall be withheld by the Manager from the agenda until such reports are available, at which time both the petition, request or communication and the related report shall be placed on the agenda for the next succeeding Council meeting. Page 9 IrSabd-2- Ess a.. ...-e agenda sha...e elese iv_1.. Additioncrtion OF-R(— material at neeii efi the - T g. Requests f; ylin 4 nr.r,n 7 nE hnn nn;7 .nnnii r,ra ..it (, , LiTsee. 3Tx.b'-'!.U-CLFT 7G'Gti%-l/cJTG.1Z'"ri .. ..-L-J'aLl:i-i7."C aLG meeting with r no- to .. hie.h tlgea 1}as 3eetr Elaseie-C,nits-disErei kx tr e-tkx-r rcee may heaf parties- gips n et en the ng „din 200.07. Presiding Officer; Duties; Appeals. Subdivision 1. Appointment. The Mayor shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the Deputy Mayor shall preside. In the absence of both, the Coiuicilmember with the longest term of service on the Council shall preside. Subd. 2. Duties. The Presiding Officer shall preserve strict order and decorum at all meetings of the Council. The Presiding Officer shall state every question coming before the Council, announce the decision of the Council on all subjects and decide without debate all questions of procedure, subject, however, to the final decision of the Council on appeal. The Presiding Officer may introduce motions, second motions, and speak on any question. Subd. 3. Appeals. Any member may appeal to the Council from a ruling of the Presiding Officer. If the appeal is seconded, the member may speak once solely on the question at issue, and the Presiding Officer may explain his ruling, but no other Councilmember may participate in the discussion. The appeal shall be sustained if it is approved by a majority of the members present exclusive of the Presiding Officer. 200.09. Secretary Duties. Subdivision 1. Appointment. The Council shall appoint a Council Secretary. The Council may designate any officer or employee of the city as Secretary, except the City Manager, Mayor or Council Member. Subd. 2. Duties. The Secretary shall keep a journal of Council proceedings and minutes and perform duties required under the Charter, Code, Resolution and State law. 200.11. Minutes. Subdivision 1. Who Keeps. Minutes of each Council meeting shall be kept by the Council Secretary. In the Council Secretary's absence, the Presiding Officer shall appoint a Secretary Pro Tem. Subd. 2. Content. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the City and can be accurately identified from the description given in the minutes. Subd. 3. Approval. The minutes of each meeting shall be reduced to typewritten form, shall be signed by the Secretary, and copies thereof shall be delivered to each Councilmember as soon as practicable after the meeting. At the next regular Council meeting following such delivery, approval of the minutes shall be considered by the Council. The minutes need not be read aloud, but the Presiding Officer shall call for any additions or corrections.. If there is no objection to a proposed addition or correction, it may be made without a vote of the Council. If Page 10 there is an objection, the Council shall vote upon the addition or correction. If there are no additions or corrections, the minutes shall stand approved. Subd. 4. Inspection. Any person may inspect the minutes at reasonable times and in accordance with this Code, the Charter and State law. 200.13. Quorum and Voting. Subdivision 1. Quorum. A majority of all of the members of the Council elected constitutes a quorum, but a smaller number may adjourn from time to time. Subd. 2. Vote Required. A majority vote of all members of the Council is required for approval of ordinances and resolutions, unless a larger number is required by the Charter or by State law. Except as otherwise provided by statute, a quorum shall prevail in all other cases unless a member of. the Council states that he/she is not voting his/her silence shall be recorded as an affirmative vote. 200.15. Order of Business. At the hour appointed for the meeting, the members shall be called to order by the Presiding Officer. The Council Secretary shall call the roll and note the absentees. Council business shall be conducted in the following order: a) Call to Order and Pledge of Allegiance. b) Roll Call. c) Plymouth Forum. d) Presentations and Public Information Announcements. e) Approve Agenda. f) Consent Agenda. g) Public Hearings. h) General Business. i) . Reports and Staff Recommendations. 0) Adjournment. In order to accommodate persons in the Council Chambers waiting to be heard, the Presiding Officer may vary the above order; but public hearings shall be held at the time set in the notice of such hearings. Page 11 200.17. General Rules of Order. Except as otherwise provided by statute or by this Section, the proceedings of the Council shall be in accordance with Roberts Rules of Order, Revised. 200.19 Plyrnouth Forum. The Plymouth Forum will be held the first 15 :minutes of each regular Council meeting. If the entire time is not needed, the Council will proceed with the agenda. 200.4-921. Procedures for Use of Consent Agenda. The consent agenda shall contain routine or non -controversial items which require Council action but little deliberation. The following rules and procedures shall govern the use of the consent agenda by the City Council.: a) A motion to approve the consent agenda shall not be debated; b) The consent agenda shall normally be considered as the first item of Council business; . c) At the request of any Councilmember or citizen attending the meeting, an item on the consent agenda shall be removed and considered elsewhere on the agenda. 200.4323. Ordinances, Resolutions, Motions, Petitions and Communications. Subdivision 1. Readings. Every ordinance and resolution shall be presented in writing. The vote on an ordinance shall be by roll call. An ordinance or resolution need not be read in full unless a member of the Council requests such a reading. Subd. 2. Signing; Publication and Proof: Eff etive .. Every ordinance passed by the Council shall be signed by the Mayor or, in the Mayor's absence, the Deputy Mayor, attested by the Clerk, and filed in the ordinance book. Proof of publication of an ordinance shall be attached and filed with the ordinance. Each resolution shall be appropriately numbered and filed by the Clerk. Subd. 3. Repeals. and Amendments. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and the title of the ordinance or code number of the ordinance or resolution to be repealed in whole or in part. Each ordinance or resolution amending an existing ordinance or resolution or part thereof shall set forth in full each amended section or subdivision as it will read with the amendment. Page 12 200.25. Required Attendance at Council Meetings. Subdivision 1. Rule. The Mayor and each Council member shall attend not less than one meeting of the Council each calendar month. Subd. 2. Non -Attendance. If the Mayor or any Council member fails to attend at least one meeting of the Council in any month, the Mayor or Council member shall forfeit his/her full salary for one month. This forfeiture does not apply if the Mayor or Council member notifies the City Manager that they are on vacation or sick. Subd. 3. Clerk; Procedure. The Clerk, in the event of a forfeit as provided in Subdivision 2, shall certify the fact of such forfeit in writing, together with the applicable dates of absence of the Mayor or Council member, to the Manager and Fteflee—Adininistrative Services Director. The lien --Administrative Services Director shall, at the time of the issuance of salary checks to the Mayor and Council member, not issue a check payable to the absent Mayor or Council member in the amount of the monthly salary. SECTION 2. This ordinance shall be effective following its passage. ADOPTED by the City Council of the City of Plymouth, Minnesota this 10th day of June, 11: Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 13 Agenda Number: 6.08: TO: Laurie Ahrens; City Manager FROM: Mike Goldstein, Chief of Police SUBJECT: AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING DANGEROUS WEAPONS AND FACSIMILE FIREARMS DATE: May 23, 2008 for June 1.0, 2008 Council Meeting L ACTION REQUESTED: The City Council adopt the Ordinance amendment. 2. BACKGROUND:• The Hennepin County Attorney's Office has recently announced a new program to combat youth violence — The Juvenile Gun Offender Program. The initiative is to reduce gun -related violence; whereby, new mandatory sanctions have been adopted to better work with youth who are caught with firearms. Since Police Officers are coming in contact with more and more individuals who are carrying airguns, pellet guns and facsimile firearms; which appear in many circumstances to be real weapons, the County has requested that cities align their weapons -related ordinances in conformance with this new program. The overall purpose is for law enforcement agencies within the County to strengthen their weapons -related ordinances, to increase their focus on this issue and to be more consistent in their enforcement practices. Therefore, this additional ordinance is being proposed for your consideration. In essence, there are no current provisions in the City's ordinance defining a dangerous weapon, a facsimile firearm, or the illegal actions associated to these described weapons. With this ordinance in place, the City will be able to comply with the County's Juvenile Gun Offender Program. 3. ALTERNATIVES: The City Council can choose not to amend Chapter IX. 4. DISCUSSION: When an officer comes in contact with an individual carrying an airgun, pellet gun or a facsimile weapon the officer has to assume that the weapon is real and that it poses a danger not only to themselves but to the public in general. This can, and has, forced officers to take action to protect themselves and others. It is our desire to prevent a tragedy by banning the carrying of weapons which pose such a danger. Page 1 In addition, many of the newer airguns and pellet guns are capable of producing death or great bodily harm. It is not safe to discharge this type of weapon in a metropolitan area. Therefore, the City's definition of a dangerous weapon would now include these weapons. 5. BUDGET IMPACT: This change would have no impact on the City budget. 6. RECOMMENDATION: Staff recommends the City Council adopt the amendment to Chapter IX of the Plymouth City Code, by adding Section 965, Dangerous Weapons and Facsimile Firearms. Page 2 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2008 - AN ORDINANCE AMENDING CHAPTER IX OF THE PLYMOUTH CITY CODE CONCERNING DANGEROUS WEAPONS AND FACSIMILE FIREARMS THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 965 is added to the Plymouth City Code as follows:. Section 965 — Dangerous Weapons and Facsimile Firearms 965.01. Definitions. When used in this Chapter, the following words, terms, and phrases shall have the following meanings, unless the context clearly indicates otherwise: a) "Dangerous weapon" means any firearms, airgun or pellet gun, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. b) "Facsimile firearm" means any object which is a replica of an actual firearm, which substantially duplicates an actual firearm or which could reasonably be perceived to be an actual firearm, unless: 1. The entire exterior surface of such object is colored white, bright red, bright orange, bright yellow, bright green, bright blue, bright pink or bright purple, either singly or as the predominant color in combination with other colors in any pattern, or such object is constructed entirely of transparent or translucent materials which permit unmistakable observation of the object's complete contents; and 2. Such object has a blaze orange extension that extends at least six (6) millimeters from the muzzle end of the barrel of such object which is as an integral part of the object and is permanently affixed; and 3. Such object does not have a laser pointer attached to it. 965.03. Minnesota Statutes Regulation. The provisions of the Minnesota Statutes regulating firearms and dangerous weapons and as they hereinafter may be amended, are Page 3 incorporated into this section. It shall be a violation of this section for any person to engage in any conduct proscribed in the incorporated statutes. 965.05. Carrying of Dangerous Weapons and Facsimile Firearms Prohibited. It shall be unlawful for any person within the City to carry on or about his or her person or transport in any vehicle any dangerous weapon or facsimile firearm, except: a) Any dangerous weapon or facsimile firearm being transported by a person not in a vehicle directly to or from or to and from his or her vehicle, in a secured container. b) Transportation of any dangerous weapon or facsimile firearm in or upon any motor vehicle in a secured container or in the locked trunk of such a vehicle. The provisions of this section shall not be applicable to the transport of dangerous weapons or facsimile firearms by persons who are regularly engaged in the lawful manufacture, distribution or sale at retail or wholesale of dangerous weapons or facsimile firearms, or the agents of any of them while engaged in such business; to the carrying or transport of dangerous weapons or facsimile firearms by licensed, full-time peace officers, law enforcement officers, or military personnel while in the course of their duties; to persons holding a permit to carry a dangerous weapon acting within the scope of such permit; to any officer of a state adult correctional facility when on guard duty or otherwise engaged in an assigned duty; or to an owner or agent while he or she is present at a business place that he or she operates. 965.07. Aiming Prohibited. Except as authorized by law, the aiming of any dangerous weapon or facsimile firearm, whether loaded or unloaded, at or toward any human being, building or occupied vehicle is prohibited. SECTION 2. This ordinance shall be effective following its passage. ADOPTED by the City Council of the City of Plymouth, Minnesota this 10th day of June, 11: Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 4 Agenda Number• 6.09 TO: Laurie Ahrens, City Manager FROM: Mike Goldstein, Chief of Police SUBJECT: AN ORDINANCE AMENDING CHAPTER XIII OF THE PLYMOUTH CITY CODE CONCERNING U-TURNS DATE: May 23, 2008 for June 10, 2008 Council Meeting 1. ACTION REQUESTED: The City Council adopt the Ordinance amendment. 2. BACKGROUND: The Plymouth Police Department is requesting that this ordinance be amended to align itself better with current Minnesota State Law. The Department believes that the State law surrounding this issue is sufficient and that the additional provisions found in the City's ordinance are no longer necessary. 3. ALTERNATIVES: The City Council can choose not to amend Chapter XIII. 4. DISCUSSION: The current City ordinance prohibits u -turns on any street in the.business district or at any intersection where traffic is regulated by a traffic control device. State law provides other, more appropriate safety considerations that better serve the driving public in this regard. 5. BUDGET IMPACT: This change would have no impact on the City budget. 6. RECOMMENDATION: Staff recommends the City Council adopt the amendment to Chapter XIII of the Plymouth City Code, by retracting Section 1305.07 Subd. 2., U -Turns. 125715 v 2 RNK:06/12/06 _ Page 1 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2008 - AN ORDINANCE AMENDING CHAPTER XIII OF THE PLYMOUTH CITY CODE CONCERNING U-TURNS THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 1305.07 subd. 2 is deleted: Sub& 2. b" Tums. No pei:sen shall tum a vehiele se as to reveFse its d4eetion en any street in the basiness distfiet of at any inter-seetion where traffie is b signal. SECTION 2. This ordinance shall be effective following its passage and publication. ADOPTED this 10th day of June, 2008, by the City Council of Plymouth, Minnesota. CITY OF PLYMOUTH Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk 125715 v 2 RNK:06/12/06 Page 2 Agenda Number 6 10File2007114 • PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Marie Darling, Senior Planner (509-5457) through. Barbara Sennesss, Planning Manager MEETING DATE: June 10, 2008 APPLICANT: Inland Commercial Property Management, Inc. PROPOSAL: 1. Site plan amendment fora retail building 2. Conditional use permit for an additional principal structure LOCATION: 3550 Vicksburg Lane North REVIEW DEADLINE: July 31, 2008 PROPOSED MOTION: Move to continue the item to the June 24, 2008 meeting to allow the applicant additional time to reconsider several design concerns after the last City Council meeting and discussion. Approval of a continuance requires a 4/7 vote of the City Council. ATTACHMENTS: 1. Applicant's Narrative 2. Location Map 3. Site Plan 4. Correspondence Received Plan/staffrep/CC/2007114 cc2 Cub SPA CUP Pagel r). Inland Commercial Property Management, Inc. June 3, 2008 Mr. Steve Juetten Community Development Director City of Plymouth 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Re: Shops at Plymouth Town Center Inland Commercial Property Management, Inc. Dear Steve: i v 20n8:__ j n , 3' Thank you again for facilitating the Special City Council Meeting last Tuesday May 28, 2008. At this meeting, I believe our development team learned to appreciate the importance of our development and its impact on Plymouth City Center. With this in mind we have decided to redesign the building architecture to more fully meet the expectations of the City Council and Planning Staff. We respectfully request the City Council to table our application until their scheduled meeting on June 24, 2008. Please also grant us an extension of the statutory review period until the end of July, 2008. Please feel free to call me if you have any questions or concerns. Sincerely, PROPERTY MANAGEMENT, INC. rick (Rick) Plessner President FP/ph cc: Barbara Senness; Planning Manager Marie Darling, Senior Planner 7117 10th Street North Oakdale, Minnesota 55128 p 651.738.7777 f 651.738.2801 www,inlandreatestaLe.com Meifier of IntemKiondfuuncll of Shopping comers Page 2 Location Map- 2007114 Inland Commercial Property Mngt., Inc. Shops of Plymouth Town Center 3550 Vicksburg Lane North Request for a Conditional Use Permit and Site Plan Amendment City of Plymouth, Minnesota Legend C, Comeicial TM CC, Citycenter CO,Corknercial Hca IF, PlannW Indu4al LA -1 LiV4g Areal LXZLiv g Areal L/\-3,Livirg Areai LA-4,Livig Area LAR,Livirrl Area flora f P -I. Publi6Semi—Rblic/institutional 500 250 0 500 _ 1,000 -- fs00 Fq Page 3 iv nmZt Page 4 Page 1 of 2 Marie Darling From: Marie Darling Sent: Wednesday, May 21, 2008 1:22 PM To: 'gerisjoy@yahoo.com' Subject: RE; development proposal/in parking lot by CUB/off Vicksburg Lane Attachments: library site plan.pdf; proposed retail building.pdf Thank you for the email. I will attach a copy to the next City Council staff report on the proposal for the Cub Foods site. I have attached a site plan for the library property for your reference. The library and parking lot are proposed on the same property that Hennepin County owns now, but both the library and the parking lot are planned to be larger than what currently exists on the site. The approved plan includes 155 total parking spaces, which is 64 more than the City requires. The applicant specifically proposed the additional parking because of their expectations for future usage of the site. The City Council approved the site plan for the library on April 22, 2008. I have also attached the most current site plan for the new retail building on the west side of the Cub parking lot. The City Council is scheduled to discuss the proposal at their May 27, 2008 worksession and at the June 10, 2008 City Council meeting. The applicant for the. proposed building is the owner of the Cub property. They do not own the shopping center that includes Lunds and could not propose a building on any site that they do not have ownership or control. Although the site would have fewer parking spaces than exists now, they have proposed more spaces than the City requires. The applicant also has a shared parking agreement with the properties to the south. The staff report that was sent to the City Council for their May 13th meeting is available on the City's website through the agenda for that meeting and the staff report for the June 10, 2008 meeting will be available on the website on the afternoon of June 6. Please let me know if you have other questions. Marie Darling Senior Planner City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Ph. 763-509-5457 Fax. 763-509-5407 mdarling@ci.plymouth.mn.us From: gervase raphael [mailto:gerisjoy@yahoo.com] Sent: Wednesday, May 21, 2008 11:28 AM To: Marie Darling Subject: development proposal/in parking lot by CUB/off Vicksburg Lane This is to express concern for the plan to build in an area that is now part of a parking lot near CUB on Vicksburg Lane. 5/21/2008 Page 2 of 2 I do not know the timeline that is used in such planning. Looking at even 5 years, I, would question this plan in relation to parking availability. As you will note from the address below, I live nearby. I use at least 4 of the businesses using this lot frequently, and have used the library across the street several times a week. I already have had to use the parking near CUB when the current library lot is full. I have also had to use spaces quite far from CUB when shopping there. I have been unable to obtain square footage on the planned replacement library. It is my understanding that the new library and the related parking will still occupy what is essentially the same lot. I have question now as to the timely planning there as well, but understand that is a'.'done deal". . I wonder if population growth has truly been considered. I live in a relatively new apt. complex and the one site created a new population of over. 200, almost over night. Further, seasonal and daily usage may be a consideration. I started to suggest that Lund's lot be considered instead, but that lot gets a lot of use at noon. Neither would seem to be a great location when population growth is considered. An area along 55 would seem more appropriate. Gervase Raphael 3155 Vicksburg Lane N 301 Plymouth, MN 55447 5/21/2008 Page 6 Agenda Number 6 1 1 File 2008003 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Josh Doty, Planner (509-5453) through Barbara Sennesss Planning Manager MEETING DATE: June 10, 2008 APPLICANT: The Rottlund Company, Inc. PROPOSAL: 1. Planned unit development amendment to allow residential use on the subject site 2. Preliminary plat to create 20 single family lots and one outlot from one existing outlot LOCATION: West of Cheshire Parkway and north of 55"' Avenue North REVIEW DEADLINE: July 9, 2008 PROPOSED MOTION: Based on the applicant's extension to the review period deadline, move to table any action on the request by The Rottlund Company, Inc. for a planned unit development amendment and preliminary plat to a date uncertain. BACKGROUND: On May 27, 2008, the City Council directed staff to prepare findings for denial of the request for the June 10, 2008 City Council meeting. After the May 27, 2008 meeting, the applicant granted the City an extension to the review period deadline from June 12, 2008 to July 9, 2008 to provide them more time to address the concerns raised at the May 27, 2008 meeting. Pagel 7.1 CITY` OE PLYMOUTH CITY GOVNCIL AGENDA ,REPORT . DATE: May 30, 2008 for the City Council Meeting of June 10, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Stephen Deuth, Sr. Engineering Technician SUBJECT: AUTHORIZE THE PURCHASE AND RESALE OF SURPLUS PROPERTY AND DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF THE ACQUISITION AND DISPOSAL OF THE PROPERTY LOCATED AT 14306 COUNTY ROAD 9 ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the purchase and resale of the property located at 14306 County Road 9. BACKGROUND: Mr. Mike Whitehill owns and resides at the property located at 14312 County Road 9. Mr. Whitehill began the process in spring 2006 to purchase a surplus parcel owned by Hennepin County. The surplus parcel is located at 14306 County Road 9 and is adjacent to Mr. Whitehill's parcel on the east. Hennepin County purchased the ,property at 14306 County Road 9 in May 1995 to allow for the expansion of County Road 9. A residential home occupied this parcel prior to the County Road 9 project and was demolished for the widening of County Road 9. Sealing of the well on the site was certified in January 1996. Since 1999, Mike Whitehill has been maintaining the parcel of approximately 13,800 square feet and has expressed the desire to purchase and combine this parcel with his current parcel. Mr. Whitehill does not desire to build a structure on the property. By State Statute, the municipality where surplus property is located has first rights to secure the property for a public use. City staff has determined that there is no public use for this parcel. For the benefit of placing the parcel back on the tax rolls, the City is required by statute, to first purchase the parcel from the County. The City could, in -turn, transfer title to Mr. Whitehill. The County has proposed a sale price of $5,000. Closing on this transaction is scheduled for September 2008. BUDGET IMPACT: The City's budget would not be affected by the two transactions. The City would purchase the parcel from Hennepin County and then resell the parcel to Mike Whitehill for the same price of $5,000. Mr. Whitehill has agreed to reimburse the. City for any costs incurred to complete the two transactions. RECOMMENDATIONS AND CONCLUSIONS: Unless new information is presented at the public hearing, I recommend that the City Council adopt the attached resolution authorizing the purchase and sale of the property at 14306 County Road 9. attachments: Map Petition Letter Purchase Agreements Resolution O:\Engineering\GENERAL\LEGALS\CC AGENDA\CC_PurchaseSale_14306CR9_6_II_ Page 1 PARCEL 16 CSAR 9 PROJECT 8424 _ rage z HENNEPIN COUNTY OWNER: COUNTY OF HENNEPIN RIGHT OF WAY DIVISION ADDRESS: 14306 ROCKFORD RD 1600 Prairie Drive PLYMOUTH Medina MN 55340 61-2-996-0300- PID: 16-118-22-14-0006 PARCEL 16 CSAR 9 PROJECT 8424 _ rage z Michael Whitehill 14312 County Road 9 Plymouth, MN 55446 May 9, 2008 Mr. Steve Deuth City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Dear Steve: I am writing to request the City of Plymouth's assistance in the acquisition of property owned by Hennepin County located at 14306 County Road 9. I have been working with Hennepin County since the spring of 2006 to acquire this property which is surrounded by my property at. 14312 County Road 9. Hennepin County has recently agreed to sell me this property. The County's recommended method of executing the transaction is for the County to sell the property to the City, and for the City to simultaneously sell the property to me. I am willing to execute a purchase agreement with the City at this time. I am requesting that you aid in facilitating this transaction at the earliest possible date. Sincerely, J Michael J. Whitehill Page 3 Hennepin County Contract No. A080521 PURCHASE AGREEMENT This Agreement is made. this day of , 2008, by and between the County of Hennepin, a political subdivision of the State of Minnesota Seller"), and the City of Plymouth, ("Buyer"). 1. Purchase and Sale. Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the following property: A. The real property located in Plymouth, Hennepin County, Minnesota, legally described on the attached Exhibit A, subject to the reservations set forth in Exhibit A. (collectively the "Property"). 2. Purchase Price. The total purchase price ("Purchase Price") to be paid by Buyer to Seller for the Property shall be FIVE THOUSAND AND NO/100 DOLLARS 5,000.00), payable on the Closing Date. 3. Title. Seller shall have no obligation to make title marketable and shall convey title to the Property by quitclaim deed. 4. Buyer's Contingencies. Buyer's obligation to close under this Agreement is contingent upon Buyer entering into a purchase agreement for the sale of the Property to the owner of the abutting parcel located at 14312 Rockford Road, and Buyer's receipt of earnest money in the amount of $5,000.00 from the owner of the abutting parcel. Buyer shall provide written notice to Seller when this contingency has been satisfied. 5. Closing. The closing of the purchase and sale contemplated by this Agreement the "Closing Date") shall occur within thirty (30) days of the later of the following dates (1) Seller's receipt of notice from Buyer of the satisfaction of the contingency in Section 4, or (2) County Board approval of this Agreement. The closing shall take place at a location mutually agreeable to the parties. A. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Documents"): 1) Deed, A quit claim deed conveying fee title to the Property to the Buyer, subject to the reservations set forth in Exhibit A. Page 4 2) FIRPTA Affidavit. A non -foreign person affidavit, properly executed and notarized, containing such infonnation as is required by IRC Section 1445(b)(2) and its regulations. 3) Well Certificate. If there are wells on the Property, a Well Certificate in the form required by Minn. Stat. § 103I. 4) Any other documents reasonably required by the Buyer, or otherwise required by law to consummate the transaction contemplated by this Agreement. B. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): 1)- Purchase Price. The Purchase Price, by wire transfer, or in certified funds. 2) Any other documents reasonably required by Seller, or otherwise required by law to consummate the transaction contemplated by this Agreement. 6. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: A. Deed Tax. Seller shall pay the state deed tax on the Quit Claim Deed to be delivered by Seller under this Agreement. B. Recording Costs. Buyer will pay the cost of recording the Deed. Seller shall pay the cost of recording any documents necessary to perfect its own title. C. Other Costs. All other operating costs of the Property will be allocated between Seller and Buyer as of the Closing Date,, so that Seller pays that part of such other operating.costs accruing on or before the Closing Date, and Buyer pays that part of such operating costs accruing after the Closing Date. 7. Seller's Warranties. As an inducement to Buyer to enter into this Agreement of sale and purchase, Seller. hereby represents and warrants to Buyer and agrees as follows: A. Seller is duly organized, qualified and in good standing, and has the requisite power and authority to enter into and perform this Agreement and Seller's Closing Documents. Such Closing'Documents have been Page 5 duly authorized by all necessary action, are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 8. AS -IS SALE. SELLER AND BUYER AGREE THAT UPON CLOSING THE PROPERTY SHALL BE SOLD AND THAT BUYER SHALL ACCEPT POSSESSION OF THE PROPERTY ON THE CLOSING DATE "AS IS, WHERE IS, WITH ALL FAULTS", WITH NO RIGHT OF SET-OFF OR REDUCTION IN THE PURCHASE PRICE, AND THAT EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN SECTION 7, SUCH SALE SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER DOES HEREBY DISCLAIM AND RENOUNCE ANY SUCH REPRESENTATION OR WARRANTY. BUYER SPECIFICALLY ACKNOWLEDGES THAT BUYER IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER, AGENT, OTHER AGENTS OR BROKERS AS TO THE CONDITION OF OR AS TO ANY MATTER CONCERNING THE PROPERTY (EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH IN SECTION 7). BUYER FURTHER ACKNOWLEDGES AND AGREES THAT IT IS RELYING SOLELY UPON ITS OWN INDEPENDENT EXAMINATION, INSPECTION, STUDY AND KNOWLEDGE OF THE PROPERTY AND NOT UPON ANY INFORMATION OR REPRESENTATIONS MADE TO. IT BY SELLER, ITS OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR EMPLOYEES OR ANY PERSON WHOMSOEVER. BUYER HEREBY EXPRESSLY ASSUMES ALL RISKS, LIABILITIES, CLAIMS, DAMAGES, AND COSTS (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATED TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE, REPAIR OR OPERATION OF THE PROPERTY SUBJECT TO THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7. BUYER ACKNOWLEDGES THAT ANY CONDITION OF THE PROPERTY WHICH BUYER DISCOVERS PRIOR TO OR AFTER THE CLOSING DATE SHALL BE AT BUYER'S SOLE EXPENSE AND, SUBJECT TO THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 BUYER EXPRESSLY WAIVES AND RELEASES SELLER AND SELLER'S AGENTS, COMMISIONERS, EMPLOYEES, DIRECTORS, OFFICERS AND REPRESENTATIVES FROM ANY CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS OR EXPENSES UNDER FEDERAL LAW, STATE OR OTHER LAW THAT BUYER MIGHT OTHERWISE HAVE AGAINST SELLER OR SELLER'S AGENTS AND/OR REPRESENTATIVES RELATING TO THE PHYSICAL CHARACTERISTICS OR CONDITION OF THE PROPERTY INCLUDING THE ENVIRONMENTAL CONDITION OF THE PROPERTY. Page 6 BUYER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS THE AS -IS" NATURE OF THIS SALE AND ANY FAULTS, LIABILITIES, DEFECTS OR OTHER ADVERSE MATTERS THAT MAY BE ASSOCIATED WITH THE PROPERTY. BUYER HAS FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS AGREEMENT WITH ITS COUNSEL AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT THEREOF. The provisions of this Section 8 shall survive delivery of the deed and shall not be deemed to have merged with any of the closing documents. 9. Assignment. Buyer shall not assign this Agreement without the prior written consent of the Seller. 10. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to Seller; or if it is directed to Buyer, by delivering it personally to Buyer; or if mailed by United States registered or certified email, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice as above required; or if deposited cost paid with a nationally recognized; - reputable overnight courier, properly addressed as follows: If to Buyer: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 cc: Roger Knutson Campbell Knutson, P.A. 1380 Corporate Center Curve Eagan, Minnesota 55121 If to Seller: Hennepin County Housing, Community Works and Transit 417 North Fifth Street Minneapolis, Minnesota 55401 Attn: Manager leasing and land management cc: Hennepin County Government Center 300 South Sixth Street Minneapolis, Minnesota 55487 Attn: County Administrator Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run two 2) business days after any such deposit. Any party may change its address for the 4 Page 7 service of notice by giving written notice of such change to the other party, in any manner above specified. 11. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no brokers, finders or the like in connection with this transaction other than those set forth in this Paragraph. Seller and Buyer agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 12. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 13. Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that modify this Agreement and no waiver or modification of any of its terns will be effective unless in writing executed by all parties. 14. Time of the Essence. Time is of the essence of this Agreement and each and every term and condition hereof. 15. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 16. Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 17. Remedies. Should either party default in the performance of it's obligations as described in this Agreement, the non -defaulting party shall have and imay pursue all rights and remedies available to it, at law or in equity, or otherwise. 18. Counterparts. This Purchase Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall cop stitute a single, integrated contract. IN TESTIM®NY WHEREOF, The parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. Page 8 Seal) ATTEST: Bv: CITY OF PLYMOUTH By: Mayor Date: And: Manager Date: COUNTY OF HENNEPIN Deputy/Clerk of the County Board Date: APPROVED AS TO FORM: By: Assistant County Attorney Date: APPROVED AS TO EXECUTION: APPROVAL: Bv: Assistant County Attorney By: Chair of its County Board Date: And: County Administrator Date: Assistant County Administrator, Public Works Date: RECOMMENDED FOR By: Director, Department Date: Date: 6 Page 9 EXHIBIT A LEGAL DESCRIPTION All of that part of the South 205 feet of the East 153 feet of the East one-half of the Southeast Quarter of the Northeast Quarter of Section 16, Township 118, Range 22, which lies westerly of the east 40.00 feet thereof and northerly of the following described line: Commencing at the southwest corner of the above referenced tract; thence run northerly along the west line thereof for a distance of 82.47 feet to the actual point of beginning of the line being described; thence easterly, deflecting right 84 degrees 38 minutes 03 seconds for 70.03 feet to a point on a tangential curve, concave to the northwest having a radius of 49.00 feet; thence northeasterly along the are of said curve a distance of 61.83 feet more or less to the west line of the east 40 feet of said Southeast Quarter of the Northeast Quarter of said Section 16 and said line there terminating.. Reserving to the County of Hennepin an easement for drainage and utility purposes over the southerly, southeasterly and easterly 10.00 feet of the land herein being conveyed Also reserving to the County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01 Also reserving to the County of Hennepin the right to restrict all right of access, including but not limited to ingress acid egress to CSAH No. 9 and Fernbrook Lane North, over, under and across the land herein being conveyed 7 Page 10 REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this . day of 2008, by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447 Seller"), and MICHAEL J. WHITEHILL, a single person, residing at 14312 Rockford Road, Plymouth, MN 55446 ("Buyer") WHEREAS, Buyer owns property legally described in the attached Exhibit A (hereinafter Buyer's Parcel"); WHEREAS, the County has made available to the City tax -forfeited property abutting Buyer's Parcel, which property is legally on the attached Exhibit "B"; WHEREAS, Buyer has requested that the City acquire the Subject Property from the County and then convey the Subject Property to the Buyer at Buyer's expense; WHEREAS, the City is willing to convey the Subject Property to Buyer, conditioned upon Buyer paying for all costs associated with the City's acquisition of the Subject Property from the County and conveyance to the Buyer and the Buyer combining the Subject Property with Buyer's Parcel as a single tax parcel. IN CONSIDERATION of the mutual covenants and agreements herein, it is hereby mutually agreed by Seller and Buyer as follows: 1. Purchase and Sale. Seller shall sell to Buyer and Buyer shall purchase from Seller the Subject Property on an "as is" "where is" basis and upon the other terms and conditions hereof. 2. Purchase Price. The purchase price for the Subject Property (the "Purchase Price") shall be Five Thousand and No/100 Dollars ($5,000.00), inclusive of Earnest Money, and other good consideration and shall be payable by Buyer to Seller as follows: A. The sum of Five Thousand and No/100 Dollars ($5,000.00) as Earnest Money in hand paid to Seller, receipt whereof is hereby acknowledged. B. The Balance, if any, in full, at Closing. 138016.02 Page 11 3. Title. Seller shall have no obligation to make title marketable and shall convey title to the Property by quitclaim deed. 4. Closing. The closing of the purchase and sale contemplated by this Agreement (the Closing Date") shall occur within 30 days after the removal of the contingencies set forth in Section 6 of this Agreement ata location mutually agreeable to the parties. Unless otherwise agreed by the parties in writing, in the event that any of the.contingencies identified under Section 6 is not satisfied prior to January 1, 2009, this Agreement shall be null and void and of no further force and effect. A. Seller's Closing Documents. On the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Documents"): 1) Deed. A quit claim deed conveying fee title to the Property to the Buyer, subject to the reservations set forth in Exhibit A. 2) FIRPTA Affidavit. A non -foreign person affidavit, properly executed and notarized, containing such infonnation as is required by IRC Section 1445(b)(2) and its regulations. 3) Well Certificate. If there are wells on the Property, a Well Certificate in the form required by Minn. Stat. § 103I. 4) Any other documents reasonably required by the Buyer, or otherwise required by law to consummate the transaction contemplated by this Agreement. B. Buyers' Closing Documents. On the Closing Date, Buyer will execute and/or deliver to Seller the following (collectively, "Buyer's Closing Documents"): 1) The Purchase Price, by wire transfer, or in certified funds. 2) Any other documents reasonably required by Seller, or otherwise required by law to consummate the transaction contemplated by this Agreement. 3) The written request to Hennepin County Auditor's office for combination of the Buyer's Parcel and Subject Property for tax purposes, in the form attached hereto as Exhibit B, and any additional documents necessary to obtain approval from the Hennepin County Auditor's Office for the legal description combination of these parcels. 5. Prorations. Seller and Buyer agree to the following prorations and allocation of costs regarding this Agreement: A. Deed Tax. Buyer shall pay the state deed tax on the Quit Claim Deed to be delivered by 2 Page 12 Seller under this Agreement. B. Recording Costs. Buyer will pay the cost of recording the Deed. C. Other Costs. Buyer shall pay all of Seller's costs to acquire the Subject Property from the County and to record the deed from the County to the City (except for the $5,000 purchase price paid by the City to the County which is already part of the Purchase Price). All other operating costs of the Subject Property will be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that part of such other operating costs accruing on or before the Closing Date, and Buyer pay that part of such operating costs accruing after the Closing Date. 6. . Seller's Contingencies. The obligations of Seller under this Agreement are contingent upon the following: A. Seller shall obtain a quitclaim deed to the Subject Property from the County. B. Buyer executing the lot combination form attached hereto as Exhibit C. In the event that the Contingency provided under Section 6A is not satisfied on or before December 31, 2009, all of the parties obligations under this Agreement shall be null and void and of no further force and effect, and the Earnest Money and all interest accrued thereon, shall be refunded by the City to the Buyers. Earnest Money shall not be returned to Buyer, except as provided above or upon breach of this Agreement by Seller. 7. Seller's Warranties. As an inducement to Buyer to enter into this Agreement of sale and purchase, Seller hereby represents and warrants. to Buyers and agrees as follows: A. Seller is duly organized, qualified and in good standing, and has the requisite power and authority to enter into and perform this Agreement and Seller's Closing Documents. Such Closing Documents have been duly authorized by all necessary action, are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 8. AS -IS SALE. SELLER AND BUYER AGREE THAT UPON CLOSING THE PROPERTY SHALL BE SOLD AND THAT BUYERS SHALL ACCEPT POSSESSION OF THE PROPERTY ON THE CLOSING DATE -AS IS, WHERE IS, WITH ALL FAULTS", WITH NO RIGHT OF SET-OFF OR REDUCTION IN THE PURCHASE PRICE, AND THAT EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF SELLER SET FORTH IN SECTION 7, SUCH SALE SHALL BE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SELLER DOES HEREBY DISCLAIM AND RENOUNCE ANY SUCH REPRESENTATION OR WARRANTY. BUYERS SPECIFICALLY ACKNOWLEDGE THAT BUYERS ARE NOT RELYING ON ANY REPRESENTATIONS OR 3 Page 13 WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, FROM SELLER, AGENT, OTHER AGENTS OR BROKERS AS TO THE CONDITION OF OR AS TO ANY MATTER CONCERNING THE PROPERTY (EXCEPT FOR THE WARRANTIES SPECIFICALLY SET FORTH IN SECTION 7). BUYER FURTHER ACKNOWLEDGE AND AGREE THAT BUYER IS RELYING SOLELY UPON HIS OWN INDEPENDENT EXAMINATION, INSPECTION, STUDY AND KNOWLEDGE OF THE PROPERTY AND NOT UPON ANY INFORMATION OR REPRESENTATIONS MADE TO THEM BY SELLER, ITS OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR EMPLOYEES OR ANY PERSON WHOMSOEVER. BUYER HEREBY EXPRESSLY ASSUME ALL RISKS, LIABILITIES, CLAIMS, DAMAGES, AND COSTS (AND AGREES THAT SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHER DAMAGES) RESULTING OR ARISING FROM OR RELATED TO THE OWNERSHIP, USE, CONDITION, LOCATION., MAINTENANCE, REPAIR OR OPERATION OF THE PROPERTY SUBJECT TO THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7. BUYER ACKNOWLEDGES THAT ANY CONDITION OF THE PROPERTY WHICH BUYER DISCOVERS PRIOR TO OR AFTER THE CLOSING DATE SHALL BE AT BUYER'S SOLE EXPENSE AND, SUBJECT TO THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 BUYER EXPRESSLY WAIVES AND RELEASES SELLER AND SELLER'S AGENTS, COMMISIONERS, EMPLOYEES, DIRECTORS, OFFICERS AND REPRESENTATIVES FROM ANY CLAIMS, DEMANDS, LOSSES, ' . LIABILITIES, DAMAGES, PENALTIES, FINES, LIENS, JUDGMENTS, COSTS OR EXPENSES UNDER FEDERAL LAW, STATE OR OTHER LAW THAT BUYER . MIGHT OTHERWISE HAVE AGAINST SELLER OR SELLER'S AGENTS AND/OR REPRESENTATIVES RELATING TO THE PHYSICAL CHARACTERISTICS OR CONDITION OF THE PROPERTY INCLUDING THE ENVIRONMENTAL CONDITION OF THE PROPERTY. BUYER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS THE "AS -IS" NATURE OF THIS SALE AND ANY FAULTS., LIABILITIES, DEFECTS OR OTHER ADVERSE MATTERS THAT MAY BE ASSOCIATED WITH THE PROPERTY. BUYERS HAVE FULLY REVIEWED THE DISCLAIMERS AND WAIVERS SET FORTH IN THIS AGREEMENT WITH ITS COUNSEL AND UNDERSTANDS THE SIGNIFICANCE AND EFFECT THEREOF. The provisions of this Section 8 shall survive delivery of the deed and shall not be deemed to have merged with any of the closing documents. 9. Assignment. Buyer shall not assign this Agreement without the prior written consent of the Seller. 10. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Seller by delivering it personally to Seller; or if it is directed to Buyer, by delivering it personally to Buyer; or if mailed by United States registered or certified mail, return receipt requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice as above required; or if 4 Page 14 deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Buyer: Michael J. Whitehill 14312 Rockford Road Plymouth, MN 55446 If to Seller: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 cc: Roger Knutson Campbell Knutson, P.A. 1380 Corporate Center Curve Eagan, Minnesota 55121 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, that the time for response to any notice by the other party shall commence to run two (2) business days after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified. 11. Broker's Commission. Seller and Buyer represent to each other that they have dealt with no brokers, finders or the like in connection with this transaction other than those set forth in this Paragraph. Seller and Buyer agree to indemnify and hold each other harmless from all claims, damages, costs or expenses of or for any such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 12. Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 13.- Entire Agreement; Modification. This written Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Property. There are no verbal agreements that modify this Agreement and no waiver or modification of any of its terms will be effective unless in writing executed by all parties. 14. Time of the Essence. - Time is of the essence of this Agreement and each and every term and condition hereof. 15. Binding Effect. This Agreement binds and benefits the parties and their successors and 5 Page 15 assigns. 16. Controlling Law. This Agreement has been made udder the laws of the State of Minnesota, and such laws will control its interpretation. 17. Remedies. Should either party default in the performance of it's obligations as described in this Agreement, the non -defaulting party shall have and may pursue all rights and remedies available to it, at law or in equity, or otherwise. 18. Counterparts. This Purchase Agreement may be executed in counterparts, each of which shall be deemed an original, and which together shall constitute a single, integrated contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: CITY OF PLYMOUTH AND Its Mayor Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) dD_' The foregoing instrument was acknowledged before me this day of 2008, by and by , the Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council., Notary Public 6 Page 16 STATE OF MINNESOTA ) SS. COUNTY OF The foregoing instrument was acknowledged before me this 7 day of 2008, by Michael J. Whitehill. Pudic yx!7r, g°L . STEPHEN J. DEUTH s' NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Attorneys at Law 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (612) 452-5000 7 Page 17 EXHIBIT "A" to REAL ESTATE PURCHASE AGREEMENT Legal Description of Buyer's Parcel: That part of the East %2 of the Southeast %4 of the Northeast %4 of Section 16, Township 118, Range 22, described as follows: Commencing at the Southeast corner of said East 1/z; thence North 229.9 feet; thence West and parallel with the South line of said East'/2 a distance of 153 feet; thence North and parallel with the East line of said East 1/2a distance of 45 feet; thence West and parallel to said South line a distance of 177 feet to the East line of Scheiber's Addition; thence South and parallel to said East line a distance of 274.9 feet to said South line; thence East on said South line 330 feet to place of beginning; except roads, also except the South 205 feet of the East 153 feet, Hennepin County, Minnesota. g -- --- Page 18 EXHIBIT "B" Legal Description of Subject Property: All of that part of the South 205 feet of the East 153 feet of the East one -half -of the Southeast Quarter of the Northeast Quarter of Section 16, Township 118, Range 22, which lies westerly of the east 40.00 feet thereof and northerly of the following described line: Commencing at the southwest comer of the above referenced tract; thence run northerly along the west line thereof for a distance of 82.47 feet to the actual point of beginning of the line being described; thence easterly, deflecting right 84 degrees 38 minutes 03 seconds for 70.03 feet to a point on a tangential curve, concave to the northwest having a radius of 49.00 feet; thence northeasterly along the are of said curve a distance of 61.83 feet more or less to the west line of the east 40 feet of said Southeast Quarter of the Northeast Quarter of said Section 16 and said line there tenninating. Reserving to the County of Hennepin an easement for drainage and utility purposes over the southerly, southeasterly and easterly 10.00 feet of the land herein being conveyed Also reserving to the County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01- Also 73.01 Also reserving to the County of Hennepin the right to restrict all right of access, including but not limited to ingress and egress to CSAH No. 9 and Fernbrook Lane North, over, under and across the land herein being conveyed Page 19 EXHIBIT "C" MICHAEL J. WHITEHILL 14312 Rockford Road Plymouth, MN 55446 Hennepin County Auditor's Office Re: Owner's Request to Combine Parcels Dear I hereby request the Hennepin County Auditor's Office combine legal descriptions of the two contiguous parcels of land described in Exhibit A, attached hereto pursuant to Minnesota Statutes Section 272.46. Dated this _ day of , 2008 10 Page 20. EXHIBIT A TO LOT COMBINATION LETTER REQUEST Parcel A: That part of the East '/2 of the Southeast 1/4 of the Northeast 1/4 of Section 16, Township 118, Range 22, described as follows: Commencing at the Southeast corner of said East ''/z; thence North 229.9 feet; thence West and parallel with the South line of said East '/2 a distance of 153 feet; thence North and parallel with the East line of said East'/2 a distance of 45 feet; thence West and parallel to said South line a distance of 177 feet to the East line of Scheiber's Addition; thence South and parallel to said East line a distance of 274.9 feet to said South line; thence East on said South line 330 feet to place of beginning; except roads, also except the South 205 feet of the East 153 feet, Hennepin County, Minnesota. Parcel B: All of that part of the South 205 feet of the East 153 feet of the East one-half of the Southeast Quarter of the Northeast Quarter of Section 16, Township 118, Range 22, which lies westerly of the east 40.00 feet thereof and northerly of the following described line: Commencing at the southwest corner of the above referenced tract; thence run northerly along the west line thereof for a distance of 82.47 feet to the actual point of beginning of the line being described; thence easterly, deflecting right 84 degrees 38 minutes 03 seconds for 70.03 feet to a point on a tangential curve, concave to the northwest having a radius of 49.00 feet; thence northeasterly along the arc of said curve a distance of 61.83 feet more or less to the west line of the east 40 feet of said Southeast Quarter of the Northeast Quarter of said Section 16 and said line there terminating. Reserving to the County of Hennepin an easement for drainage and utility purposes over the southerly, southeasterly and easterly 10.00 feet of the land herein being conveyed Also reserving to the County of Hennepin all'mineral rights in said land pursuant to Minnesota Statute Section 373.01 a Also reserving to the County of Hennepin the right to restrict all right of access, including but not, limited to ingress and egress to CSAH No. 9 and Fernbrook Lane North, over, under and across the land herein being conveyed 11 Page 21 1099-S -- PROCEEDS FROM REAL ESTATE TRANSACTIONS FILER: CAMPBELL KNUTSON, Professional Association 1380 Corporate Center Curve, Suite 317 Eagan, MN 55121-1200 FED ID# 41-1562130 TRANSFEROR'S NAME(S): ADDRESS: SSN# (IF HUSBAND AND WIFE --ONLY 1 SSN NEEDED) IF PARTNERSHIP -- FEDERAL TAX EX LDATE OF CLOSING: / / 2.GROSS PROCEEDS $ 3.LEGAL DESCRIPTION. 4.TRANSFEROR RECEIVED OR WILL RECEIVE PROPERTY OR SERVICES AS PART OF THE CONSIDERATION? 5.BUYER'S PART OF REAL ESTATE TAX - $ 12 Page 22 NOTE: 1099-S FORMS NEED TO BE TO IRS BY 2/28 TO TRANSFEROR BY 1/31 NEED TO DO A 1099-S (PROCEEDS FROM REAL ESTATE TRANSACTION) WHEN: CONSIDERATION IS GREATER THAN $600.00 INDIVIDUAL TRANSFERORS -- PARTNERSHIP --YES exempt: corporations, ovemmental units) DON'T FORGET EASEMENTS! COMPLETE FORM, COPY LETTER TO CLIENT FILE AND PLACE FILER COPY (CKSF) IN CKSF/1099-S FORMS FILE #3505 IF HUSBAND AND WIFE -- ONLY ONE SSN# IS NEEDED 13 Page 23 CITY OF PLYMOUTH RESOLUTION NO. 2008 - RESOLUTION AUTHORIZING THE PURCHASE AND RESALE OF SURPLUS PROPERTY AND DISPENSING WITH STATUTORY REQUIREMENTS FOR REVIEW BY PLANNING COMMISSION OF THE ACQUISITION AND DISPOSAL OF THE PROPERTY WHEREAS, Hennepin County has provided the City with notice of a non -conservation property legally described on Exhibit A attached hereto, (the "Subject Property") which has become tax forfeit as a result of nonpayment of property taxes and/or special assessments; WHEREAS, in accordance with the City Council's Tax Forfeit Land policy, the parcel has been reviewed; and WHEREAS, the Subject Property does not serve a public purpose; and WHEREAS, the abutting property owner, Michael Whitehill (`Buyer"), has expressed an interest in acquiring the Subject Property to be combined with Buyer's existing parcel; WHEREAS, the City desires to purchase the Subject Property and resell the parcel to the Buyer consistent with the use originally intended for the Subject Property and in order to put the Subject Property back on the tax rolls; WHEREAS, Minn. Stat. § 462.356, subd. 2 requires that the Planning Commission review the City's proposed acquisition and disposal of real property for compliance with the comprehensive plan and to report to the City Council in writing its findings, and; WHEREAS, Minn. Stat. § 462.356, subd. 2 provides for an exception from the requirement for review by the Planning Commission upon 2/3 vote of the City Council dispensing with the requirement and finding that the acquisition or disposal of the real property has no relationship to the comprehensive municipal plan; and WHEREAS, before the City may dispose of real property, the City Charter requires the City to hold a public hearing for the proposed disposition preceded by 10 days' published notice; and WHEREAS, ten days published notice of the hearing was given and the City Council has conducted a public hearing on June 10, 2008 at which all persons desiring to be heard were given an opportunity to be heard on the disposition of the Subject Property. Page 24 Resolution No. 2008 - Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the Subject Property may be acquired in accordance with the Hennepin County procedures for conveyance of tax -forfeited property conditioned upon the following: a. Prior to the City's acquisition of the Subject Property, the Buyer shall enter into a Purchase Agreement requiring payment by Buyer of all City costs and fees associated with the acquisition and conveyance of the Subject Property and requiring earnest money for the full purchase price; b. The Buyer combining the Subject Property with Buyer's abutting parcel; 2. That the Subject Property may be sold to the Buyer simultaneous with or immediately following acquisition by the City of the Subject Property under paragraph 1a. 3. ' That the acquisition of the Subject Property from the County and conveyance of the Subject Property to the Buyer has no relationship to the City's comprehensive plan. 4. Review by the Planning Commission of the acquisition and conveyance of the Subject Property is hereby dispensed with, the proposed transaction is hereby approved, and the Mayor and City Clerk are authorized and directed to execute all documents, and take all appropriate measures to acquire and dispose of the Subject Property as provided herein. ADOPTED by City Council on June 10, 2008. Page 25 Resolution No. 2008 - Page 3 EXHIBIT A All of that part of the South 205 feet of the East 153 feet of the East one-half of the Southeast Quarter of the Northeast Quarter of Section 16, Township 118, Range 22, which lies westerly of the east 40.00 feet thereof and northerly of the following described line: Commencing at the southwest corner of the above referenced tract; thence run northerly along the west line thereof for a distance of 82.47 feet to the actual point of beginning of the line being described; thence easterly, deflecting right 84 degrees 38 minutes 03 seconds for 70.03 feet to a point on a tangential curve, concave to the northwest having a radius of 49.00 feet; thence northeasterly along the are of said curve a distance of 61.83 feet more or less to the west line of the east 40 feet of said Southeast Quarter of the Northeast Quarter of said Section 16 and said line there terminating. Reserving to the County of Hennepin an easement for drainage and utility purposes over the southerly, southeasterly and easterly 10.00 feet of the land herein being conveyed Also reserving to the County of Hennepin all mineral rights in said land pursuant to Minnesota Statute Section 373.01 Also reserving to the County of Hennepin the right to restrict all right of access, including but not limited to ingress and egress to CSAH No. 9 and Fernbrook Lane North, over, under and across the land herein being conveyed Page 26 Agenda Number Q • 1 File 2008031 V 1 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT 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 MEETING DATE: June 10, 2008 APPLICANT: Donald and Dianne Salmela PROPOSAL: Variance for a side yard setback to allow construction of a garage addition LOCATION: 5125 Forestview Lane REVIEW DEADLINE: August 13, 2008 PROPOSED MOTION: Move to adopt the attached resolution denying the requested variance, as recommended by the Planning Commission. Approval of a resolution to approve or deny a variance requires a 4/7 vote of the City Council. DESCRIPTION OF REQUEST: The applicants are requesting approval of a variance to reduce the side yard setback to 6 feet, where 15 feet is the minimum side yard setback required under the Zoning Ordinance. The variance would allow construction of a third garage stall onto the east side of their existing attached double garage. I Pa e1--- File 2008031 Page 2 PLANNING COMMISSION ACTION: On May 21, 2008, the Planning Commission reviewed the request and subsequently voted 5-1 Aamoth voted nay) to recommend denial of the variance. The applicants were present in support of the requested variance. No one else from the public wished to speak on the matter. A copy of the Planning Commission minutes is attached. The Commission asked if the garage could be moved back to be flush with the rear wall of the existing garage in order to require less of a variance. The applicants responded that moving the proposed garage addition back any farther would require removal of trees in the rear yard that they are trying to save. The Commission stated that they could find no apparent hardship. They noted that the applicants could reduce the size of the proposed addition to require less of a variance, or that the applicants could construct a shed or freestanding garage without the need for a variance. The applicants stated their proposal would be less obtrusive than having a detached garage located six feet from the side lot line. They noted that the nearest neighbor has no problem with the proposal. Notice of the Planning Commission's public meeting was mailed to all property owners within 200 feet. CONTEXT: Surrounding Land Use and Zoning Previous Actions Affecting Site The subject property is located in the Schmidt Lake Woods Addition, which was platted in 1977 under a planned unit development. The home was constructed in 1978. In 1996, the City rescinded the PUD and rezoned this area to RSF-1 as part of a new Zoning Ordinance and related city-wide rezoning. The former PUD specified minimum side yard setbacks of 10 feet. The existing attached double garage is set back roughly 14 feet from the east side lot line, and therefore is lawfully non -conforming to the 15 -foot side yard setback requirement for RSF-1 properties. Page 2 Adjacent Land Use; Guiding.. Zoning North,. South, East & West Single Family LA -1 RSF-1 Previous Actions Affecting Site The subject property is located in the Schmidt Lake Woods Addition, which was platted in 1977 under a planned unit development. The home was constructed in 1978. In 1996, the City rescinded the PUD and rezoned this area to RSF-1 as part of a new Zoning Ordinance and related city-wide rezoning. The former PUD specified minimum side yard setbacks of 10 feet. The existing attached double garage is set back roughly 14 feet from the east side lot line, and therefore is lawfully non -conforming to the 15 -foot side yard setback requirement for RSF-1 properties. Page 2 File 2.008031 Page 3 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 applicant to show that they meet the standards in the ordinance. PROPOSAL: The applicants are requesting a variance to reduce the side yard setback on the east side of their home to 6 feet, where 15 feet is the minimum setback required. The variance would allow construction of a 12 -foot by 22 -foot third stall garage addition onto the east side of the existing attached double garage. The front wall of the third stall addition would be set back 10 feet from the front wall of the existing garage. Because the side of the existing attached garage is not parallel to the side lot line (the distance between the garage and the lot line increases toward the rear of the lot), roughly 100 square feet of the requested 264 -square foot addition (38 percent) would encroach into the required 15 -foot side yard setback. In their narrative (copy attached), the applicants state that they own and manage rental property. The additional garage space would provide on-site storage for tools and a trailer related to their business. The proposed addition would require the removal of two trees. The applicants state that their back yard contains many large trees, making the side yard the only option to locate additional garage space. FINDINGS: The Planning Commission and staff used the seven general standards in Section 21030 of the Zoning Ordinance to make the following findings on the requested variance. A copy of the standards is attached. Hardship There is no hardship associated with the physical surroundings, shape, or topography of the property that would prohibit the applicants from using and enjoying the property in the existing condition. The site is zoned RSF-1, which requires a 15 -foot side yard setback. The house is centered on the lot and is set back in accordance with the standards in place when the house was built. Therefore, although a third garage stall may be a desirable addition to the home, the applicants currently have—and would continue to have—reasonable use of the property as a single family home site without a third garage stall. i Page 3 File 2008031 Page 4 Unique Circumstances The conditions upon which the variance request is based are not unique to this parcel. All other property owners in the RSF-1 zoning district must comply with the same setback standards. As a result, many homes in the RSF-1 district do not have triple garages. None of the homes in this neighborhood have a triple garage. Purpose of Variation The requested variance does not appear to be based exclusively upon a desire to increase value or income potential of the property. The proposal would allow additional attached garage space for the use and convenience of the applicants. Source of Hardship The alleged hardship is not caused by the Zoning Ordinance. Although the applicants may be inconvenienced by having to comply with the setback requirements, there is no hardship. All properties in the city must comply with setback regulations pursuant to their respective zoning classification. The applicant has reasonable use of the property as a single family home site if the variance is not granted. Without the need for a variance or extensive tree removal in the rear yard, the applicants could 1) find an off-site location to fulfill their storage needs, and/or 2) park one fully -enclosed commercial trailer with a bed length of 14 feet or less on the existing concrete pad next to the garage. Neighborhood Impact At this time, there is no evidence that granting of the variance would be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. However, the proposed third stall garage addition would not be consistent with the character of the existing neighborhood. Specifically, the requested 6 -foot side yard setback would not be consistent with the setbacks of other properties in the neighborhood. There is no evidence at this time that granting of the variance would impair adequate light and air to adjacent properties, substantially increase congestion, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood. However, the proposed third stall garage addition may stand out as being closer to the adjacent home to the east, when compared to the existing spacing between other dwellings in the area. This could have a negative effect on the aesthetics and character of the neighborhood. Minimum Action? The Planning Commission and staff have found no hardship. Page 4 File 2008031 Page 5 CONCLUSION: Planning Commission and staff analysis of the requested variance finds that it fails to meet all of the required standards. Specifically, there is no hardship that would deny the applicants reasonable use of the property if the variance is not granted, nor are there unique conditions related to the site that are not shared by other properties in the same neighborhood and zoning classification. RECOMMENDATION: Community Development Department staff recommends denial of the variance for Donald and Dianne Salmela, subject to the findings listed in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. Variance Standards 3. Applicant's Narrative 4. Location Map 5. Aerial Photograph 6. Notification Area Map 7. Site Graphics 8. Resolution Denying Variance PLAN/STAFFREP/CC/2008/2008031-Salmela-Garage-VAR-CC.doc Page 5 Draft Planning Commission Minutes May 21, 2008 Page 2 Commiskoner Jaffoni asked for further explanation of the request for a separate easement. Senior Plann Darling said staff evaluated the platted properties and ensured the easements were rrect. She said at the main entry the easements don't include the traffic signal and loopin etectors. Senior Planner Darling said staff elected to correct that situation at this time s the City would have full access.to repair if needed. Chair Holmes asked if the\ applicant, Taco Bell property rather than in the easement for the street. Senior Planner Darling statd on the shopping center property. Chair Holmes introduced tes Erickson, representing Taco Bell, who said he supports the conditions lution. Commissioner Davis asked the purpose of this Mr. Erickson clarified that if separate ownership is\redae parcel must be created. Commissioner Jaffoni asked if there are future developroperty. Mr. Erickson said he was not aware of any future det this facility was built to last. Chair Holmes opened and closed the public hearing as there was no one pent to speak on the item. MOTION by Commissioner Jaffoni, seconded by Commissioner Nelson, to appro the request by Border Foods, Inc. for a Registered Land Survey (RLS) to subdivide propen the Plymouth Station shopping center to create a new parcel for the Taco Bell restauran Roll Call Vote. 6 Ayes. MOTION approved. 8. NEW BUSINESS A. DONALD AND DIANNE SALMELA (2008031) Chair Holmes introduced the request by Donald and Dianne Salmela for a variance to the side yard setback for construction of a third stall garage addition for property located at 5125 Forestview Lane North. Senior Planner Drill gave an overview of the staff report. Page 6 Draft Planning Commission Minutes May 21, 2008 Page 3 Commissioner Neset asked if the garage could be moved to be flush with the back of the house, thereby requiring less of a variance. Senior Planner Drill explained that there are some trees in the back yard, and the applicants were hoping to not disturb those. trees. Chair Holmes asked if there any other accessory structures on the property. Senior Planner Drill said no. Chair Holmes said a shed or freestanding garage would be an option. Commissioner Jaffoni asked if there would an impervious surface coverage issue with this proposal. Senior Planner Drill said the property is not in the shoreland district. Chair Holmes introduced Dianne Salmela, 5125 Forestview Lane N. Ms. Salmela said they could not move the garage stall back because there are a couple huge trees they would like to preserve, whereas only a couple small trees would be affected by the current proposal. Ms., Salmela said this proposal would be less obtrusive than having a detached garage which could sit six feet from the property line. She said storing a trailer outside is unattractive for neighbors. Ms. Salmela said they have been storing things under the deck, and are trying to keep the neighborhood neat. She said the garage set back six feet would be well hidden versus a detached garage which would be in view of the next door neighbor. Ms. Salmela stated that the neighbor has no problem with them adding a garage stall. Commissioner Nelson asked how they are storing the rental property equipment on site now. Ms. Salmela said the trailer sits on the concrete pad,. tools are in the existing garage, the trash container is now outside, and the lawn mower is stored under the deck. She said if the trailer were in the third stall garage, they could keep tools in the trailer and not have to load and unload tools with every use. Commissioner Nelson asked what their intention is for the driveway of the third stall garage. Ms. Salmela said the driveway would extend to the garage, would be six feet from the property line, and would be designed to match the existing house. Commissioner Davis asked for setback information on a detached garage. Senior Planner Drill stated a detached garage could be located six feet from a rear or side lot line. Commissioner Davis asked if the driveway extension can be less than six feet from the adjacent property. Page -7 Draft Planning Commission Minutes May 21, 2008 Page 4 Senior Planner Drill explained that the setback is six feet; however, an administrative permit could approve a three-foot setback if there is no drainage and utility issues. Commissioner Aamoth asked why the 10 -foot setback under the PUD was changed to a 15 - foot setback. Senior Planner Drill said a 15 -foot side yard setback has been the community standard for RSF-1 zoning for 30-40 years. He said when the rezoning was done in 1996, an analysis of lot size and lot width was done and lots were rezoned to the most closely matched district. Commissioner Nelson asked about if there is a setback problem with the far corner of the existing pad. Senior Planner Drill clarified a pad or patio area can be located within the 6 -foot setback, but if converted to a driveway, the setback would be reviewed. Commissioner Neset asked what portion of the proposed stall would be outside the setback if the original setback of 10 feet was applied. He asked if the home owner would be required to use materials to match the existing home. Senior Planner Drill displayed an approximation of the proposed garage stall using a 10 - foot setback, and noted that only a small corner of the garage addition would encroach under the previous 10 -foot setback. He said materials would need to match the existing home. Commissioner Neset suggested moving the garage back one to two feet, and agreed with the applicant that this would be more pleasing and less intrusive to the neighbor. Commissioner Jaffoni asked how far the garage could be moved back without hitting the trees. Ms. Salmela stated it is up to the tree already. Commissioner Jaffoni asked if all houses in the neighborhood conform to the 15 -foot setback. Senior Planner Drill said the homes were constructed under the PUD with 10 -foot or more setbacks. Senior Planner Drill added that if they are less than 15 feet, they are legally non- conforming. He noted that all homes in the neighborhood have double garages. Commissioner Jaffoni asked if the garage could be placed in the back yard. Page 8 Draft Planning Commission Minutes May 21, 2008 Page 5 Ms. Salmela said there is no way to get back there, and the yard slopes in the back. She reviewed the trees, and said they are in a cul-de-sac which makes their lot unique. Ms. Salmela said this is the only option they had. Commissioner Davis said his concern is constructing the driveway to the garage. He indicated that swinging a trailer around the corner would be really close to the three-foot setback. ' Ms. Salmela said the trailer can be wheeled by hand, rather than backing it up. Chair Holmes said he likes to appease citizens, but this is a tough one. He said the garage is compressed in an area which just isn't compatible with what the applicant wants to do. He said he agreed with Commissioner Davis regarding the. driveway. Chair Holmes said if we give a variance for the structure, the homeowner will be back for a variance for the driveway as there are only eight feet to wheel the trailer back. He said there is potential for a detached structure closer to the lot line located hither back due to limitations of the lot. Ms. Salmela said that would block the neighbor's view more than this proposal. Commissioner Neset said the applicant has to meet the test to grant a variance and he is not seeing a defined hardship. He said he would be inclined to support the proposal if it were closer to the previous 10 -foot setback line, but this is too close to the lot line. Commissioner Aamoth asked if we have to be concerned about setting a precedent, as this doesn't readily appear to be a hardship. Planning Manager Senness clarified that each variance is reviewed own its own merits. This would not be precedent setting unless you had the exact set of circumstances in another request. MOTION by Commissioner Davis, seconded by Commissioner Nelson, to deny the request by Donald and Dianne Salmela for a variance to the side yard setback for construction of a third stall garage addition for property located at 5125 Forestview Lane North. Commissioner Aamoth said he supports the variance because at times the good work of government gets in the way of common practical sense and because the neighbor does not have an issue. Commissioner Neset said we have to think as a City when property owners need "wiggle room" for good reasons so they don't have to search for another place. He said this request is borderline, but he can't support the variance because the six feet is not close enough to Page 9 Draft Planning Commission Minutes May 21, 2008 Page 6 the ten feet. Commissioner Neset said we need to give some thought on the usefulness of the property for a long time. ' Chair Holmes said he will not support the variance request, and recommended looking at alternatives such as a detached garage, or the feasibility of shifting the structure further back, or shortening the depth of the garage to 18 feet rather than 22 feet. Roll Call Vote. 5 Ayes. MOTION approved. Commissioner Aamoth Voted Nay. B. JULY 2, 20kPLANNING COMMISSION MEETING Planning Manager Sen\ nh heduled July 2, 2008 Planning Commission Meeting coincides with Music She said items could be moved to the previous or subsequent meetings aed canceling the July 2, 2008 Planning Commission Meeting. MOTION by Commiconded by Commissioner Neset, recommending canceling the July 2, 2Co ission Meeting. Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT Chair Holmes asked that we remember Planning Com issioner Frank Weir and his family in our thoughts and prayers during his illness. MOTION by Chair Holmes, without objection, to adjourn the eeting at 7:48 p.m. i Page 10 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: 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. . 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. 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. 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. 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. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of thepublic 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) G Page 11 JZCbBU I We are requesting a variance to add a third stall onto our existing two -stall garage. The distance to the property line on the front side would be 6' and the distance on the back side would be 13.5'. We need to add a garage to accommodate our needs for the following reasons: 1. The existing garage is considerably undersized. 2. We own and manage rental property in Plymouth that requires us to store a lot of tools as well as a trailer. 3. Our vehicles are much larger now than when the house was built in 1978. 4. The width of our lot in the front is undersized. However, because it's pie -shaped, is very wide in the back. 5. Our back yard includes many large trees, making the side_ of the house the only option to locate the garage addition. We feel an attached garage would be far more aesthetically pleasing for the neighbors, than a detached, as shown in attached option A). Additionally, an attached garage would be farther from the property line than a detached would be. The proposed attached garage addition would not impair sunlight to the neighbors on the adjacent property or cause any safety hazards. It could be accomplished without removing any large trees and cause minimal disruption of our lot. The soil is hard clay and does not impact any wetlands or protected land. Thank you, Don and Dianne S ahnela . 5125 Forestview Ln N Plymouth, MN 55442 Tel 612-804-5535 (cell) f 2068 763-553-1490 (home) APR Page 12 LA -1... . .... 4< .... .......... Uj ........... ..... LA -1 LU........ MIDT LAKE. RD ........ T z LA -1 LA.1 .......... Location Map- 2008031 Legend Donald & Dianne Salmela [M C, Comercial Salmela Garage Addition FFM CC, City Center 5125 Forestview Lane CO, Commercial Office Request for. a Variance IP, Planned Industrial LA -1, Living Area I LA -2, Living Area 2 i LA -3, Living Area 3 LA -4, Living Area 4butyOfLAR, Living Area Rural Plymouth, Minnesota P-1, Public/Semi-Public/1'i, Page 13 500 250 0 5GG 1,000 Feet r. S f 5. t a+ t-.•.p ! ' • T e :ot a _ • `_•} - ,. ;_ Ian da, e''R' d+, { C1f}t 'i {uo ; a+ ' ' v b M1" C - d\-, y ' * . ".' 4 4•"t:. A I, f itrt•r, sn ' Y t h Ki }1 . f +kms _ T _'a4 , tr e. _ E ti ` t 1 • f .l _. {r . NOa -v w a 1` 'yi' 'ii` Y! Y x' " Y' SI Y ;. i i J .1 InHryryyyaa t e VIA 3+ ,k i. qtr, r _7''k R' •,r lam' " t4 t k _ of r 3- ' '•.t.i :,' k - iw .n ` ,s.l .r a1 r'S .a ,i EL R • ` -„+amu q '`t C ti4 i ¢ w tawny s ` "• -M' ,, r " r r' V rftc r ;.; '',:^ , '<`,('S ti I, x r " ' ` r• ,r1` i jd i rt P i tt A_. _ P)City Aerial Photograph- 2008031 of Plymouth, Minnesota 250 125 0 250 500 Feet Page 14 NOTIFICATION AREA MAP 5isT AVE N M 13 M Parcel Information: Date Printed: 4/9/2008 9:02:10 AM Parcel ID: 11-118-22-12-0069 Owner Name: D L SALMELA ET AL TRUSTEES Parcel Address: 5125FORESTVIEW LA N PLYMOUTH MN, 55442 Buffer Size: 200 ft. 008APR152' 1 Page 15 httD://ts is/Mailin Labels/poDMai).asi)x?LaverID=94&ObiectlD=99827&Buffer--200&Cou... 4/9/2008 3i L X d 57)" 58y 5isT AVE N M 13 M Parcel Information: Date Printed: 4/9/2008 9:02:10 AM Parcel ID: 11-118-22-12-0069 Owner Name: D L SALMELA ET AL TRUSTEES Parcel Address: 5125FORESTVIEW LA N PLYMOUTH MN, 55442 Buffer Size: 200 ft. 008APR152' 1 Page 15 httD://ts is/Mailin Labels/poDMai).asi)x?LaverID=94&ObiectlD=99827&Buffer--200&Cou... 4/9/2008 9 Fk . rr Cr i th Cj R 1 9Sa t l n !Q `• o / V O Denotes iron Monument Q Denotes Wood Stake X000.0 Denotes Existing. Elevation -Proposed-Top o7ffoundation-Elevation = 954.-5 000.0.) -Denotes Prop-osed Elevation Proposed Garage Floor Eievatiop = 9-5714.0 t— Denotes Direction of Surface Drainage Proposed Lowest T loon-Elevation = tf af. .f'eF r r llafer 7 7' Qs <5 hereby certify that this is a true and correct representation bf a survey of-Zhe boundaries of: Lot 20, Bloo-ek 3, SCRMID-T LAKE WOODS, Hennepin County, Minnesota And of the location of all buildings, if any, thereorr, and all visible encroachments, if any, from or on said land. it also shows -t-he iocaton -F r a Midi As surveyed R, e` by me this 3 a t h day of J a-n ua r y l gam, T h-om-a s S. B e r. q u- 1 s t _ I Land Surveyor, Minn. Reg. No. 772 S SCALE 1CERTIFICATEOFSURVEY PAGE - r Page 16 T L------ ib v ------ i 7r_ J J6 L 1 JL_L IL page 17 m All qf 7-7- 44 OlNl " Al - 94, S - PRO 1 I pgpMM"MaN? o"MMIN Front View of 5125 Forestview Ln. gq- ki=04,1.1UmI z Double P F V arw". - IVA rAk! 2-1 WON4, W-1ORA A. -VAl" WIV: A., 75 Ok iA -1 PN l R jx ME 7 jo W Y, 7., GOP Vff. N z; 7. r 5 WSM 11 pw\ WNR Mi", 0 M-P UMNr5g'-: In, AW p OFY' mfifig CP'l j a to Z`1 tg Xt m i 46 r—A i"' ILI. V Ij X7 UL=j- V.1q, Iivzii fx 41 ON" iks 4411' JAN" Ci T—T iL ZD 5- 3 V ggs RESOLUTION 2008 - DENYING A VARIANCE FOR DONALD SALMELA AND DIANNE SALMELA FOR A GARAGE ADDITION FOR PROPERTY LOCATED AT 5125 FORESTVIEW LANE NORTH 2008031) WHEREAS, an application has been filed by Donald Salmela and Dianne Salmela which requests approval of a variance for an attached garage addition that would encroach 9 feet into the required 15 -foot side yard setback, for property legally described as follows: Lot 20, Block 3, Schmidt Lake Woods, Hennepin County, Minnesota. 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 deny the request of Donald Salmela and Dianne Salmela for a variance to allow a third stall garage addition that would encroach 9 feet into the required 15 -foot side yard setback for property located at 5125 Forestview Lane North, based upon the following findings: 1. There is no hardship associated with the physical surroundings, shape, or topography of the property that would prohibit the applicants from using and enjoying the property in the existing condition. The site is zoned RSF-1, which requires a 15 -foot side yard setback. The house is centered on the lot and is set back in accordance with the standards in place when the house was built. Therefore, although a third garage stall may be a desirable addition to the home, the applicants currently have—and would continue to have—reasonable use of the property as a single family home site without a third garage stall. 2. The conditions upon which the variance request is based are not unique to this parcel. All other property owners in the RSF=1 zoning district must comply with the same setback standards. As a result, many homes in the RSF-1 district do not have triple garages. None of the homes in this neighborhood have a triple garage. r Page 23 Resolution 2008- 2008031) Page 2 3. The alleged hardship is not caused by the Zoning Ordinance. Although the applicants may be inconvenienced by having to comply with the setback requirements, there is no hardship. All properties in the city must comply with setback regulations pursuant to their respective zoning classification. The applicant has reasonable use of the property as a single family home site if the variance is not granted. 4. The requested 6 -foot side yard setback would not be consistent with the setbacks of other properties in the neighborhood—and would stand out as being closer to the adjacent home to the east when compared to the existing spacing between other dwellings in the area, resulting in a negative effect on the aesthetics and character of the neighborhood. ADOPTED by the City Council on June 10, 2008. 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 June 10, 2008 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk PLAN/STAFFREP/RE S/2008/2008031-5 almel a -garage -V ar-Res. doe Page 24 8.2 DATE: June 2, 2008 for the City Council Meeting of June 10, 2008 TO: Laurie Ahrens, City Manager FROM: Doran Cote, P.E., Director of Public Works SUBJECT: CONTINUED DISCUSSION OF POSSIBLE STREET IMPROVEMENTS ACTION REQUESTED: Make a motion directing staff to perforin temporary overlay on certain streets with funding to conte from the Street Reconstruction Fund. BACKGROUND: On May 27, 2008, the City Council discussed possible improvements to a number of streets that were identified as being in poor- condition. The options for improvement for the streets discussed and estimated costs are as follows: Staff recommended that the fust three areas identified above should receive a temporary overlay since they are not in the 2008-2012 Capital Improvement Program (CIP) yet meet the criteria for street reconstruction. The fourth area was not recommended for temporary overlay since it is tentatively programmed for street reconstruction in 2012 in the 2008-2012 CIP. The City Council could expedite the street reconstruction in this area if desired, however, this area is contemplated to be included in a much larger reconstruction area in 2012. 8"' Avenue 8't' Avenue from CSAH 101 to Queensland Lane (north) was included in the recommendation for temporary overlay for a number of reasons. This street, along with the Queensland Lane cul-de-sacs, were considered for reconstruction in 2004. The City Council excluded them from the reconstruction project due to the objection of the property owners. The Queensland Lane cul-de-sacs and the western portion of 8"' Avenue were paved in 2005 due to the deteriorated condition. Paving 8tt' Avenue, which has also had a number of watennain breaks, would temporarily preserve the driving surface for approximately the Same period of time as the adjacent streets. Temporary Street Street Limits Overlay Reconstruction Estimated Estimated Cost Cost 8t' Ave. CSAH 101 to Queensland Lane 30,000 650,000 north) Balsam Ln. / Forestview Ln. Schmidt Lake Road to Sclu-nidt 80,000 1,000,000 48tt' Ave. Lake Road 18` Ave. Dunkirk Lane to Vicksburg Lane 40,000 800,000 Trenton Ln. I Revere Ln. I South of 45t' Avenue 80,000 1,000,000 43'd Ave. Staff recommended that the fust three areas identified above should receive a temporary overlay since they are not in the 2008-2012 Capital Improvement Program (CIP) yet meet the criteria for street reconstruction. The fourth area was not recommended for temporary overlay since it is tentatively programmed for street reconstruction in 2012 in the 2008-2012 CIP. The City Council could expedite the street reconstruction in this area if desired, however, this area is contemplated to be included in a much larger reconstruction area in 2012. 8"' Avenue 8't' Avenue from CSAH 101 to Queensland Lane (north) was included in the recommendation for temporary overlay for a number of reasons. This street, along with the Queensland Lane cul-de-sacs, were considered for reconstruction in 2004. The City Council excluded them from the reconstruction project due to the objection of the property owners. The Queensland Lane cul-de-sacs and the western portion of 8"' Avenue were paved in 2005 due to the deteriorated condition. Paving 8tt' Avenue, which has also had a number of watennain breaks, would temporarily preserve the driving surface for approximately the Same period of time as the adjacent streets. Possible Street hnprovenients Page 2 Street Ratings A color coded map with all of the street ratings was provided to the City Council previously. The last City-wide street survey was conducted in 2005, however; the ratings are updated annually to reflect completed improvements. The 2005 street ratings were used to develop the Top Ten Street Reconstruction Areas map (attached). This map depicts the top ten worst rated streets by area with a number noting their ranking, the lowest number being the worst streets. This ranking is used for CIP programming purposes. The 2008-2012 CIP includes areas I through 7. Attached is another map which depicts all of the streets that are rated for reconstruction. Overlaid on this reap, in color, is the Top Ten Street Reconstruction Areas map. The areas that are not in the CIP or the top ten but that are in need of reconstruction are the areas we have targeted for temporary overlays and in-house paving work. Street Maintenance staff also provide input regarding which streets have or will soon reach the threshold where preventative maintenance is required. Funding Temporary Overlay Projects In January, 2005, the City Council was presented the concept of the "Mia; -of -Fixes" approach to preserving and improving the City's street system. As approved, the system emphasizes increased preventative maintenance activities, greater use of temporary overlays on streets due for reconstruction and the please -in of more street improvement (street reconstruction and mill -and -overlay) projects. The temporary overlays are intended to extend the life of the pavement only 5 to 7 years in anticipation of inclusion in the CIP for complete reconstruction. The "Mix -of -Fixes" approach conteniplated utilizing the Street Reconstruction Fund for the three improvement alternatives and the CIP was presented and approved accordingly. BUDGET IMPACT: None of these streets are programmed in the Capital Improvement Program CIP) for reconstruction prior to 2012. The anticipated costs are as identified above. Funding for the additional paving is proposed to be from the $800,000 savings we expect to realize due to the favorable bids on the 2008 Street Reconstruction and 2008 Mill and Overlay Projects. The Street Reconstruction Fund could acconnriodate the cost of the recommended temporary overlay projects in 2008 if desired since fielding levels were already anticipated in 2008. While not anticipated in the 2008 budget, the General Fund could be used for the temporary overlays through the Contingency Fund. Moving reconstruction projects ahead of schedule or adding them to the 2009 reconstruction program would Dave a negative impact on the Street Reconstruction Fund cash flow and bonding would likely be required earlier than anticipated. When the 2008 and 2009 budgets and 2008-2012 CIP were prepared, the Street Reconstruction Fund analysis concluded that bonding would likely be required in 2010. More recently, it was determined that bonding is more likely needed in 2009. With the uncertainty of the impact of levy limits on the Street Reconstruction Fund, moving projects ahead in the CIP will very likely require bonding in 2009. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council direct staff to perform temporary overlays on the streets identified above with funding to come from the Street Reconstruction Fund. attaclnnents: Maps Photographs Or En&ceriug GENERAL-ML-MOS DoRAN-7003-CC_Possi1AeSneci1mpr_06 IOOS.dnr Top 70 Street Reconstruction Areas City of Plymouth, Minnesota Top 10 Street Reconstruction Areas City of Plymouth, Minnesota 0 - 50 Street Reconstruction N 811 Avenue 2 Farestview Lane near 491h Avenue 3 ti' . = _ +# ...mss... WON acid Lane In A _, r evere Lane south',.of -45I" Avenue Revere Lane south of, 45t-- Avenue' ..A I Revere Lane north of 43rd Avenue 7 x y 4 irAi.o.s. 4' Z o_x 43,d Avenue'b'-' . een Trentlon and Revere -Lane I FalR -W glolMair,« 01 Z+ vi " o0cy 0N Cr c7vwo 0 c O O w a Z wa ¢ a ¢ a a Q 2 X27 p2 NN2 Sp 2 02 u7 Y V N sh N O u~' ~O ifl 0 f'1 CV CJ 691, •H'10099g 9500 T. H. 169 2i3W11)i 0096 L.Ly 6 , o %$ 56 f(, rj7l t[ 9600 KILMER LANCASTERZI31SVONVI00L61131r L6 it 'y of , 9704 LANCASTER o Z 6t 9800 MONTICELLO0113OIlNOW0086 p .. NVHIVN 0066 A 7A 4` Q e ° to . L 9900 NATHAN SNb3l 1O00004 a^ i ye o 4 A 6s zs oa c o 0 10000 ORLEANS WIa011d 00WI, 6 a' r $l 7797 ccaSa 4 10100 PILGRIM U3>ivntO 00201 s , o ` - -- ,T 1 ' 1020O QUAKER 3x3/132! OO604 L /- 62 32 of a to 99 osss ppy 10300 REVERE VDOIVd J 'S 00170E + o a l zt } s9 eL _ b,/ i oh> 10400 SARATOGA NOlN32l10090 q & 9 7 , „ 9p sg +"1 LE o e e ` 10500 TRENTON 3O' H8l 11 NOINn 00901 y fig 10600 UNION TERRACE 2VHO3 A3111VA 00LOL f 0 J 4a ooy 10700 VALLEY FORGE e es n 417 I ` i >3 10800 WELLINGTONNOiDNIll3M0090L ,, , +„ 3 6e & fi? $ I S S3NIWIX 00601 5 4 ,r ajr w 5g 9'I LS p 109Q0 XIMINES NAAO-LNHOA000L1 11000YORKTOWN kHVHO`dZ00111 66 ` - 14100 ZACHARY GOOMO2Iilv0OZ11, 38 i 20 to L'606 se 11200ARROWOO© 11300 BALSAMINb'SlVA 008LL ,A -_ 8yc?s.._ BTS ` S4 4 Q L0 0 d N U-) F- 0 Z+ vi " o0cy 0N Cr c7vwo 0 c O O w a Z wa ¢ a ¢ a a Q 2 X27 p2 NN2 Sp 2 02 u7 Y V N sh N O u~' ~O ifl 0 f'1 CV CJ 691, •H'10099g 9500 T. H. 169 2i3W11)i 0096 L.Ly 6 , o %$ 56 f(, rj7l t[ 9600 KILMER LANCASTERZI31SVONVI00L61131r L6 it 'y of , 9704 LANCASTER o Z 6t 9800 MONTICELLO0113OIlNOW0086 p .. NVHIVN 0066 A 7A 4` Q e ° to . L 9900 NATHAN SNb3l 1O00004 a^ i ye o 4 A 6s zs oa c o 0 10000 ORLEANS WIa011d 00WI, 6 a' r $l 7797 ccaSa 4 10100 PILGRIM U3>ivntO 00201 s , o ` - -- ,T 1 ' 1020O QUAKER 3x3/132! OO604 L /- 62 32 of a to 99 osss ppy 10300 REVERE VDOIVd J 'S 00170E + o a l zt } s9 eL _ b,/ i oh> 10400 SARATOGA NOlN32l10090 q & 9 7 , „ 9p sg +"1 LE o e e ` 10500 TRENTON 3O' H8l 11 NOINn 00901 y fig 10600 UNION TERRACE 2VHO3 A3111VA 00LOL f 0 J 4a ooy 10700 VALLEY FORGE e es n 417 I ` i >3 10800 WELLINGTONNOiDNIll3M0090L ,, , +„ 3 6e & fi? $ I S S3NIWIX 00601 5 4 ,r ajr w 5g 9'I LS p 109Q0 XIMINES NAAO-LNHOA000L1 11000YORKTOWN kHVHO`dZ00111 66 ` - 14100 ZACHARY GOOMO2Iilv0OZ11, 38 i 20 to L'606 se 11200ARROWOO© 11300 BALSAMINb'SlVA 008LL ,A -_ 8yc?s.._ BTS ` S4 4 UUOMNO.LLOJUUbIL ° *,, Ic ,s%fi I Igutrr,C7iTVIVWVuu OOOMN330005LL ao Ot s I 08 1 11500 DEERWOOD N3BUCi i ]A3 00911 zs _ 9 49 gl 64- 96 11600 EVERGREEN M31A.LS3INOd OOLI,L 97 1 zs ` °° La $ w °° 11700 FORESTVIEW 006N30100 0081,1, eg r 4 N Si 4 ' 7 t , _ ` y 6 'i'' gf JA6 n s 11800 GOLDENROD N 001 W 3 H 006 L L as s - - - 69,,e4 d I _. ro — g19; 11900 HEMLOCK S3AI000ZI, 'fix w +- i 1 , % Ati N111 12000 IVES Lft11110NOf00LZLiCCi ,, d ti 6Z 38 12100 JONQUIL 00OM}IJ17i OOZZL ww [ e 8 a4 r z 12200 KIRKWOOD HO2JV1 09£21. _- `t4 ' o[ i3 8 ,b ^16 x6 as 12300 LARCH ip VIIONJVW 0017ZI, 1 gt r to 01 t 39 pry zz * s3 ° 12400 MAGNOLIA 000MaON 009ZL ' Os ` 1 l g 48 ---a_} 12500 NORWOOD M31ANVO 00921 se ' g o !r of Maa s ° : r sa 12600 OAKVIEW sr _p w4 0e ' 12700 PINEVIEWM31A3NIdOOLZL0 y os 6 y° h S 94 000MNIf10ODBZL I :. $. ( . o '', zc 1 ez i6 F 0 1 12800QUINWOOD 000M3SO8 006ZL +p 55 4, 40 - rye' ' 40 Cti o 12900 ROSEWOOD 3aOWVOAS 000£1. "N1 55 x s O tt N ,"a Ary m ^, 93 L' x6 cb1 13000 SYCAMORE 0COMA v3100L£6 st ' 85 ' L \, Z8 e' is t° 13100 TEAKWOOD 0OOMHi ](]Nf100Z£L ' ` lr 28 1S, 42 13200UNDERWOOD 000M3NIA00££Ly ' m yp ° a _ 1330OVINEWOOD 61 0a 1000M3J03M0017£L ? * T 1t 13400 WEDGEWOOD Wf11N3X 009£1. t 4 -- _ 13500 XENIUM voonI, 009£ I, fi - y - -- .- tt a t 1 q1 o 13600 YUCCA at VINNIZ001£L ; . w - _ e85t _ -. °^' P` ,' . ii 13700 ZIhINIA lRI 13800 ANNAPOLISSk10dVNNVOO8£L S s r S 11i 13900 BERKSHIRE36IHS71a39005£ ek , sr - ¢ .. h o - J 1 xe 64 gi 14000 CHESHIRE3aIHS3H0OODL _ co 14100 DALLASSVIIVOOOL17Lss13 ( I ! -- -J 3IdIdW3 OOZ17L f(u S o ° - 14200 EMPIRE NOON9N433 00£171. , 80 14300 FERNBROOK 8310V10 004b4 F 0 lG - s eoae is bt a `4 14400 G1 ACIER U088VH o09t 4 J o g4 w 5z 4 i xq Cti o 14500 HARBOR VOVH1100917L j + 0a 13 zs 14600ITHACA nV3NnrOOL17L 6B ai m * LQ 14700 JUNEAU M91ASJNIH 008171 ° fie „ ffi + 6 N 14800 KINGSVIEW QOOM3NVI 00617E g '-« 14900 LANEWOOD V1OS3NNIW 00094 ri M.0 s ea 6 15000 MINNESOTA VHVJVIN 00L9L o ig w qo 70 15100 NIAGARA t31HO8000Z9L , ;, e ae rZe N r 4a 6e 6e 6c 9t e c t o tz 15200 ORCHID SIHVIOd 00£91. 15300 POLARIS OOIlNVf1O OOD9L qi M of 15400 QUANTICO M3IAHONV2i OOS9L m 98 rD` 96 3 7068 0^ as 40 15500 RANCHVIEW HV00NVN3HS 0099L zs se 'pq R rtst , of 15600 SHENANDOAH M91A30V21219100L91, _ 0 86 b3 * S ' 15700TERRACEVIEW QNVIdn 00994 r' Z6 L$ 0 - + t1. C4 15800 UPLAND EwSSNOIA 00691,e gg o - 15900 VICKSBURG NO-LS3M 00091, 10 ^ I oox A o ki 0©l 6x , 6x ` R f l I ,g 6r N at 0 at `xi 16000 WESTON 3N3XO0L9L 1 ` e8 ' "ti 1'{ % °d i w 16100XENE 0 16200 YU MAviNnA00291 r ti J zr * g° y . r,19 `_ o 8V9IZNVZ 00£9L j 16300 ZANZIBAR ii3H0ab 99179E xi 4a + 31 16400 ARCHER ca S>IVO NOVl9' 00591. * t ti obi 16500 BLACK OAKS N001SW00 0099L $ too sq , J , Ei 16600 COMSTOCK NI 171Nf10 0019E 0 P8 y 0 16800 EVEREST1S3a3/13 16700 DUNKIRK 00$91. 1 GNV- 1NIV- LNVE)0069E e'3 1d s°R e w 17000 GAR LANDf]NVI2iVJ000LL N. a L !t A110H 001LL oox , ; rq, eti 3--- arty E! „ tr orix - $. zt 17100 MOLLY GNVINI00ZLL ' 0e °x l I Ifi °s sy _ 8 t 17200 INLAND I3M3f 00 £11. r 6, , Es a ee 8 17300 JEWEL AIa39W17 00171E ae + 41 17400 KIMBERLY 3IV0NMVI 0091.E c Via` '_ ` J '' 17500 LAWNDALE OVWIM2l3W 0091.4 sz} J 17600 MERRIMAC 5f1SSIOUVN OOLLI. xas rte+ s s es ss ` g 94 sx 17700 NARCISSUS 3AII0o08L6 g a a ti it r, 922 la. 17800 OLIVE AN03d 006LL e it xt7 87 73 !_ 17900 PEONY I-ISN33no oo 84goessssses h 5 yp - 4 _._.. °dpi r 18000QUEENSLAND 831NV8 0048E ry `i `' a4 ?S °ox 18100 RANIER M31/U,0VHS OOZBL ja = it° 8q $' DI67 nri ffi xe o ,, _18200 SHADYVIEW A0 1100£$L 60Z6 _ I- -- 183Q0 TROY IV0NV9Hn 00178Ego 18 OC xa 18400 URBANDALE3 0N09VJVA 00984 ] I 18500 VAGABOND BAOUE] 1f1NIVM 0098E I 09 ` 1w s S 18600 WALNUT GROVE Sf1H1NVX00L8L + ti 0 J C6 -- 18700XANTHUS 3NOISMOI13A00886 ``--J 18800 YELLOWSTONE N0081Z 0068E r" ti. `jl _ s 15 t° e4 $*r p 18900 ZIRCON OQV WA-`!V 00061 , zx r 4i 16 19000 ALVARADO N01 100a8 00 L6 I. - -- \ - yx f{ °i off vs tr Ls c 19100 8ROCKTON w j 3 w ui ur w ui ui ui ui Lu Q ¢ Q ¢ ¢ ¢ < d V C+j N OLOui C] Ir DATE: June 2, 2008 for the City Council Meeting of June 10, 2008 TO: Laurie Ahrens, City Manager FROM: Doran Cote, P.E., Director of Public Works SUBJECT: CONTINUED DISCUSSION OF POSSIBLE STREET IMPROVEMENTS ACTION REQUESTED: Make a motion directing staff to perfonn temporary overlay on certain streets with funding to come from the Street Reconstruction Fund. BACKGROUND: On May 27, 2008, the City Council discussed possible improvements to a number of streets that were identified as being in poor condition. The options for improvement for the streets discussed and estimated costs are as follows: Staff recommended that the first three areas identified above should receive a temporary overlay since they are not in the 2008-2012 Capital Improvement Program (CIP) yet meet the criteria for street reconstruction. The fourth area was not recommended for temporary overlay since it is tentatively programmed for street reconstruction in 2012 in the 2008-2012 CIP. The City Council could expedite the street reconstruction in this area if desired, however, this area is contemplated to be included in a much larger reconstruction area in 2012. 8t1' Avenue 81l' Avenue from CSAH 101 to Queensland Lane (north) was included in the recommendation for temporary overlay for a number of reasons. This street, along with the Queensland Lane cul-de-sacs, were considered for reconstruction in 2004. The City Council excluded them from the reconstruction project due to the objection of the property owners. The Queensland Lane cul-de-sacs and the wester portion of 8t1' Avenue were paved in 2005 due to the deteriorated condition. Paving 8t" Avenue, which has also had a number of watermain breaks, would temporarily preserve the driving surface for approximately the same period of time as the adj acent streets. Temporary Street Street Limits Overlay Reconstruction Estimated Estimated Cost Cost 8t' Ave. CSAH 101 to Queensland Lane 30,000 650,000 north) Balsam Ln. / Forestview Ln. Schmidt Lake Road to Schmidt 80,000 1,000,000 48"' Ave. Lake Road 18t' Ave. Dunkirk Lane to Vicksburg Lane 40,000 800,000 Trenton Ln. / Revere Ln. / South of 45t' Avenue 80,000 1,000,000 43'•d Ave. Staff recommended that the first three areas identified above should receive a temporary overlay since they are not in the 2008-2012 Capital Improvement Program (CIP) yet meet the criteria for street reconstruction. The fourth area was not recommended for temporary overlay since it is tentatively programmed for street reconstruction in 2012 in the 2008-2012 CIP. The City Council could expedite the street reconstruction in this area if desired, however, this area is contemplated to be included in a much larger reconstruction area in 2012. 8t1' Avenue 81l' Avenue from CSAH 101 to Queensland Lane (north) was included in the recommendation for temporary overlay for a number of reasons. This street, along with the Queensland Lane cul-de-sacs, were considered for reconstruction in 2004. The City Council excluded them from the reconstruction project due to the objection of the property owners. The Queensland Lane cul-de-sacs and the wester portion of 8t1' Avenue were paved in 2005 due to the deteriorated condition. Paving 8t" Avenue, which has also had a number of watermain breaks, would temporarily preserve the driving surface for approximately the same period of time as the adj acent streets. Possible Street hnprovements Page 2 Street Ratings A color coded snap with all of the street ratings was provided to the City Council previously. The last City-wide street survey was conducted in 2005, however, the ratings are updated annually to reflect completed improvements. The 2005 street ratings were used to develop the Top Ten Street Reconstruction Areas map (attached). This map depicts the top ten worst rated streets by area with a number noting their ranking, the lowest number being the worst streets. This ranking is used for CIP programming purposes. The 20081-2012 CIP includes areas 1 through 7. Attached is another map which depicts all of the streets that are rated for reconstruction. Overlaid on this map, in color, is the Top Ten Street Reconstruction Areas map. The areas that are not in the CIP or the top ten but that are in need of reconstruction are the areas we have targeted for temporary overlays and in-house paving work. Street Maintenance staff also provide input regarding which streets have or will soon reach the threshold where preventative maintenance is required. Funding Temporary Overlay Projects In January, 2005, the City Council was presented the concept of the "Mix -of -Fixes" approach to preserving and improving the City's street system. As approved, the system emphasizes increased preventative maintenance activities, greater use of temporary overlays on streets due for reconstruction and the phase-in of more street improvement (street reconstruction and mill -and -overlay) projects. The temporary overlays are intended to extend the life of the pavement only 5 to 7 years in anticipation of inclusion in the CIP for complete reconstruction. The "Mix -of -Fixes" approach contemplated utilizing the Street Reconstruction Fund for the three improvement alternatives and the CIP was presented and approved accordingly. BUDGET IMPACT: None of these streets are programmed in the Capital Improvement Program CIP) for reconstruction prior to 2012. The anticipated costs are as identified above. Funding for the additional paving is proposed to be from the $800,000 savings we expect to realize due to the favorable bids on the 2008 Street Reconstruction and 2008 Mill and Overlay Projects. The Street Reconstruction Fund could accommodate the cost of the recommended temporary overlay projects in 2008 if desired since funding levels were already anticipated in 2008. While not anticipated in the 2008 budget, the General Fund could be used for the temporary overlays through the Contingency Fund. Moving reconstruction projects ahead of schedule or adding them to the 2009 reconstruction program would have a negative impact on the Street Reconstruction Fund cash flow and bonding would likely be required earlier than anticipated. When the 2008 and 2009 budgets and 2008-2012 CIP were prepared, the Street Reconstruction Fund analysis concluded that bonding would likely be required in 2010. More recently, it was detennined that bonding is more likely needed in 2009. With the uncertainty of the impact of levy limits on the Street Reconstruction Fund, moving projects ahead in the CIP will very likely require bonding in 2009. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council direct staff to perform temporary overlays on the streets identified above with funding to come from the Street Reconstruction Fund. attachinents: Maps Photographs 0:\Engineering\GENERAL\MEMOS\DORAN\2005\CC_PossibleStrreetlinpt•_0G 1003.doc 9®1 DATE: , June 2, 2008 for the City Council meeting of June 10, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Sarah Hellekson, Transit / Solid Waste Manager SUBJECT: EVALUATION CRITERIA RANKING OF PROPOSALS FOR COMPREHENSIVE MUNICIPAL RECYCLING SERVICES On April 22, 2008, the Plymouth City Council authorized the release of the Request for Proposals (RFP) for Comprehensive Municipal Recycling Services. The final RFP is explicit about the process and criteria for evaluating eligible proposals submitted (see Attachment A). Based upon direction from City Council, staff completed the criteria rankings, which provides the Staff Review Team a method to prioritize the twelve criteria in the RFP. The composite results of the criteria rankings in order of priority, is as follows: Criteria Evaluation Rank Point Allocation Criteria 1 160 Proposed collection service fee price 2 150 Revenue share 3 120 Environmental sustainability 4 110 Operations proposal 5 90 Administrative burden on City 6 80 Strength of references 7 70 Number of other municipal programs 8 60 Materials marketing plans 9 50 Experience of individual personnel 10 40 Completeness, thoroughness, and conciseness of proposal content 11 40 Number of years of similar services 12 40 Safety records and plans Proposals for recycling services were due on Friday, May 30, at 3:00 p.m. The City received proposals from Allied Waste, Eureka Recycling, and Waste Management. At the time of writing this memorandum, the Staff Review Team had not begun the formal proposal review process. The Team is scheduled to meet Wednesday, June 4, 2008 to rank the proposals. Page 1 The first stage is to evaluate the qualitative aspects of each proposal according to the last ten non -economic criteria. Until the first sage is complete, City staff will not have viewed the price worksheets. During the second stage, staff will review the financial elements of each proposal according to the first two criteria. The City Council will receive the staff recommendation for the top ranked proposer on June 24, 2008. Please keep in mind that all proposal information submitted shall remain confidential until the new contract agreement for recycling services is executed, which is currently scheduled to be completed by the end of July 2008. attachments: Attachment "A", Excerpts from the City of Plymouth Recycling RFP relating to Evaluation of Proposals Page 2 Attachment A EXCERPTS FROM THE RFP * : EVALUATION CRITERIA Final version as released on 5-2-2008] Introduction The Request for Proposals (RFP) for Comprehensive Municipal Recycling Services was authorizedfor release by the City Council on April 22, 2008, finalized, and then formally released on May 2" d The final RFP was very explicit about the process and criteria for evaluating eligible proposals submitted. The RFP verbatim text is contained within quotes below. i13.2 INITIAL PROPOSAL EVALUATION" City staff will conduct an initial review of proposals to determine if proposals meet minimum eligibility criteria. Minimum eligibility criteria include: A complete proposal package as itemized in the Proposal Submittal Checklist. 2. Show proof of ability to provide the required insurance certificates by Proposer's own written statements and letters from insurance companies. City staff shall have the sole power and discretion to determine if Proposers meet these minimum eligibility criteria. This determination by city staff shall be final. Only those Proposers who are determined to meet the minimum eligibility criteria will be further evaluated." 113.3 DETAILED EVALUATION PROCESS" Those Proposers determined to meet the minimum qualifications will be further evaluated by the City staff. All staff reviews, analysis, discussions and recommendations will be based on the goal of ranking the eligible proposals in order of best overall value to the City. This detailed review will consider all detailed evaluation criteria as itemized below. The detailed criteria shall include the following, but is not listed in priority order: Completeness, thoroughness and conciseness of proposal content. Number of years providing similar collection, processing and marketing services. Number of other municipal recycling programs in the Twin Cities Metropolitan Area. Strength of references. Experience and qualifications of specific personnel assigned to manage and operate the proposed services. Page 3 Operations proposal, including techniques and controls for project management and consideration of innovative techniques to increase efficiency and maximize material revenues. Safety records and plans for both collections and processing as appropriate for the company. Material marketing plans. Overall environmental sustainability (e.g. fuel conservation, use of alternate fuels, natural resource conservation, experience with, and proposed concepts for organics collection). Long-term administration and oversight burden on the City. Proposed collection service fee. Revenue share. City staff shall have the sole power and discretion to evaluate proposals in accordance with these criteria set forth in the RFP. City staff will recommend to City Council, which evaluate and make the final selection." 113.4 PROPOSED PRICES" Proposer shall complete the Proposed Price Worksheets in Attachment A. If not proposing a service, write "not applicable" or "NA" in each blank on that form. These Proposed Price Worksheets should be submitted in a sealed, separate envelope within the proposal packet. City staff will first review and evaluate the other elements of the proposals before reviewing the separate Proposed Price Worksheets. Proposed prices, and net cost to the City, will be evaluated using the 2007 tonnages and composition of recyclables as collected in Attachment C. City staff will develop a recommendation and ranking of proposals according to the best value to the City. City staff provides a recommendation to City Council based upon the evaluation. City Council will determine the best proposal for the City." 4.4 PROPOSED PRICES" Only the company names of those submitting proposals will be made public. All proposal documents shall be held as confidential until the City Council awards a new agreement and authorizes staff to execute the new agreement." Page 4