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HomeMy WebLinkAboutCity Council Packet 07-22-2008CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JULY 221 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 Announcement of Money Magazine Ranking Plymouth as Number One on Annual Best Places to Live List (Mayor Kelli Slavik) 4.02 Announcement of "National Night Out" on August 5 (Captain Craig Lindman) 4.03 Presentation of 2008 Environmental Champion Awards (Communication Coordinator Marjorie Vigoren and Environmental Quality Committee Chair Kathleen Osborne) 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2008-220) Regular Council Meeting 1 of 3 July 22, 2008 6.03 Approve extension of previously approved Variances for a detached garage in the front yard and impervious surface coverage for property located at 10610 South Shore Drive. Damien & Kristen Wolf. (2005046 — Res2008-221) 6.04 Approve Variances to front yard setback and impervious surface area coverage to allow construction of a room addition for property located at 1895 Juneau Lane North. Skyline Design. (2008049 — Res2008-222) 6.05 Approve 2008 Deer Management Program (Res2008-223) 6.06 Approve a Resolution revising and replacing Resolution No. 76-258 which approved the Final Plat and Development Contract for Ferndale North relating to property located at 315 Alvarado Lane North. Robert Etem. (A-615 — Res2008-224) 6.07 Approve agreement for construction management services with RJM for West Medicine Lake Park Building (Res2008-225) 6.08 Approve plans and specifications and order advertisement for bids for Fire Station No. 1 Parking Lot Reconstruction Project (8110 — Res2008-226) 6.09 Approve plans and specifications and order advertisement for bids for Minor Drainage Improvement Project (8113 — Res2008-227) 6.10 Approve Final Payment for 2008 Crack Repair Program (8120E — Res2008-228) 6.11 Approve termination of Pond Maintenance Agreement for Gramercy Park Cooperative 98030 — Res2008-229) 6.12 Approve Wetland Replacement Plan Application for Wood Crest (2008042 — Res2008- 230) 6.13 Approve Rain Garden Agreement for parking lot expansion at 2450 Annapolis Lane 2008048 — Res2008-231) 6.14 Approve draft Surface Water Management Plan (Res2008-232) Regular Council Meeting 2 of 3 July 22, 2008 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.1 Consider changes to Declaration of Covenants for Heritage Woods Estates Second Addition (2008060 — Res2008-233) 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Recycling Contract 10. ADJOURNMENT Regular Council Meeting 3 of 3 July 22, 2008 PROCLAMATION 4.02 NATIONAf- 9,00 vM 4 7f* aek_ WHEREAS, the National Association of Town Watch is sponsoring a unique, nationwide crime prevention and community safety program on August 5, 2008 entitled "National Night Out"; and WHEREAS, the "25th Annual National Night Out" provides'a valuable opportunity for the City of Plymouth to join forces with thousands of other communities nation-wide to promote crime prevention and community safety; and WHEREAS, residents and businesses play a vital role in assisting the Plymouth Police Department and the City with joint crime prevention and safety initiatives and.come together to host "National Night Out 2008" locally; and WHEREAS, city/community partnerships promoting crime prevention and . neighborhood safety, are important themes of the "National Night Out" program; WHEREAS, it is essential that all citizens of Plymouth be aware of the importance of crime prevention and life safety programs and the impact that their participation in them has on reducing crime and _enhancing livability in the City; and NOW, THEREFORE I, Mayor Kelli Slavik, do hereby call upon the citizens of Plymouth to Join the City and the National Association of Town Watch in supporting the "25th Annual National Night Out" on August 5, 2008. FURTHER, LET IT BE RESOLVED THAT I, MAYOR SLAVIK, do hereby proclaim Tuesday, August 5, 2008 as "NATIONAL NIGHT OUT" in Plymouth. Mayor Kelli Slavik 6.01 Proposed Minutes Regular Council Meeting July 8, 2008 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on July 8, 2008. COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Stein, Murdock, Willis, Black, and Bildsoe. ABSENT: None. STAFF PRESENT: City Attorney Knutson, Police Chief Goldstein, Public Works Director Cote, Administrative Services Director Portner, Park and Recreation Director Blank, Fire Chief Kline, Community Development Director Juetten, Transit and Solid Waste Manager Helleckson, Recycling Coordinator Hageman, and City Clerk Engdahl. Plymouth Forum Vernon Peterson, 17425 County Road 47, informed the Council that due to the damming and bridge work on County Road 47 this spring and summer, there has been debris'backing up in his yard. He requested that this situation be addressed. Mayor Slavik stated that Public Works Director Cote would be contacting him, and a report would be provided to the Council. Presentations and Public Information Announcements Mayor Slavik thanked the Plymouth Civic League, businesses, residents, and staff for another successful Music in Plymouth event. Approval of AGIenda Councilmember Bildsoe adding scheduling a Study Session to discuss Dial -A -Ride service as item No. 9.1 under Reports and Staff Recommendations. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to Uprove 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 Proposed Council Minutes 1 of 4 Regular Meeting of July 8, 2008 Page 1 item No. 8.05. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to adopt the amended Consent Agenda that included the followingitems: ems: 6.01) Minutes from the Special and Regular Council Meetings of June 24, 2008. 6.02) Resolution Approving Disbursements for Period ending June 28, 2008 (Res2008-210). 6.03) Resolution Approving a Variance for Side Yard Setback for Paquette Construction Company for Property located at 19010 315 Place North (2008046 — Res2008-211). 6.04) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.05). 6.05) Resolution Relating to a Project on behalf of West Lutheran High School and its Financing under Minnesota Statutes, Sections 469.152 to 469.1651; Calling for a Public Hearing Thereon (Res2008-212). 6.06) Appointment of Sandy Hewitt to serve on the Grant Evaluation and Ranking System(GEARS) Committee and appointment as the City's voting delegate for GEARS Committee selection. 6.07) Approval of indemnification agreement relating to the Bassett Creek Office Centre environmental clean-up grants. 6.08) Resolution Amending the Professional Engineering Services Agreement with Bonestroo for County Road 9/61 Erosion Repair Project (4135 — Res2008-213). 6.09) Resolution Awarding Contract for Well No. 16 (7114 — Res2008-214). 6.10) Resolution Approving the Plans and Specifications and Ordering Advertisement for Bids for Highway 55 Culvert Replacement Project (7138—Res2008-215). 6.11) Resolution Authorizing "No Parking" on Fernbrook Lane North of Schmidt Lake Road to the Cul -de -Sac North of 51St Avenue (Res2008-216). Motion carried to approve the Consent Agenda. Public Hearings There were no public hearings. Proposed Council Minutes 2 of 4 Regular Meeting of July 8, 2008 Page 2 General Business 8.05) Comprehensive Plan Amendment, Rezoning, and Public Institutional and Preliminary Plat for "Wood Crest" (Gonyea Company — 2008042) Councilmember Willis asked if staff suggests affordable housing units to developers for not only high density developments, but single-family developments, such as this application. Community Development Director Juetten explained with this particular development, since it's consistent with the Comprehensive Plan, there isn't much leverage to request the applicant to provide affordable housing units. In addition, there is no requirement in the Zoning Ordinance for developers to provide affordable housing units. However, staff encourages developers to include affordable housing for single-family developments if it's feasible. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving a Land Use Guide Plan Amendment for Gonyea Company, Inc. for Property located at 5750 Vicksburg Lane (2008042 — Res2008-217), Ordinance Amending Chapter 21 of the City Code to Classify Certain Land located in "Wood Crest," (Ord2008-20), Resolution Approving Findings of Fact for the Rezoning (Res2008-218), and a Resolution Approving a Preliminary Plat (Res2008-219). With all members voting in favor, the motion carried. 8.1) Recycling Contract Transit and Solid Waste Manager Hellekson reported on the recycling proposals and the information that the Council requested at the June 24 Council Meeting on the two highest ranked proposals. This information provided by staff included further financial analysis, applying the same revenue sharing methodology, and a comparison of "true dual stream" to the current sorting system. She requested that the Council authorize staff to negotiate a comprehensive municipal recycling contract with either Waste Management or Eureka Recycling. Tim Brownell, Eureka Recycling, and Jennefer Klenert, from Waste Management, each provided a presentation to the Council regarding their services (types and numbers of trucks used, how their recycling facilities process the materials, the percentage of what is collected that is recycled, types of containers and/or covered bins, etc.). The Council discussed a number of issues surrounding recycling collection: 1. Single or dual stream recycling. 2. The decrease in the amount of garbage by increasing recycling efforts. 3. What occurs with the final recycled product. 4. Sizes and types of recycling containers, whether it's the current bin system or a covered recycling container. 5. Frequency of pickups, once a week or twice a month. 6. Compacting the recycling materials (Waste Management) versus manually sorting Eureka Recycling). 7. Educating the residents. Proposed Council Minutes 3 of 4 Regular Meeting of July 8, 2008 Page 3 8. Would recycling pick up days coincide with garbage pick up days. 9. Increase the recycling fee to residents or utilize the recycling fund to absorb those costs. 10. Number and types of vehicles used by both companies as well as the manpower. 11. Littering caused by the use of bins. Motion was made by Councilmember Black, and seconded by Councilmember Murdock, to authorize staff to begin negotiations with Eureka Recycling. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to suspend the rules to allow comments from a resident as well as the City's consultant. With all members voting in favor, the motion carried. Don Krivit, consultant for the City, addressed the Council's questions regarding single versus dual stream recycling, and contamination with single stream recycling (more opportunity to reduce the cross contamination with the dual stream). Cathy Nelson, 10200 26th Avenue North, voiced her concern with the Eureka Recycling proposal with increased manpower in sorting the recycling versus compaction, and using bins rather than covered containers. She stated with a single sort system, the amount of garbage would be reduced significantly. She would prefer a large covered container versus four recycling bins that she currently uses. Both haulers answered her questions regarding how they handle the recyclable products. There being no further discussion on the motion and with Murdock, Black, Willis, Bildsoe, and Hewitt voting yes, and. Stein and Slavik voting no, the motion carried. The Council stated that they would be discussing the recycling fund at the scheduled budget study sessions in August. Reports and Staff Recommendations 9.1) Study Session for Dial -a -Ride Service The Council scheduled a Study Session on August 12 at 5:30 p.m. to discuss the City's Dial -A - Ride service. Adiournment Mayor Slavik adjourned the meeting at approximately 9:10 p.m. Sandra R. Engdahl, City Clerk Proposed Council Minutes 4 of 4 Regular Meeting of July 8, 2008 Page 4 Agenda Number: 6.02 CITY OYPLYMOUTH CITY COUNCIL AGEND3 REPORT TO: Laurie Ahrens, City Manager FROM: Cal Portner, Director Admin Svcs SUBJECT: Disbursements DATE: July 15, 2008 for the City Council Meeting July 22, 2008 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending July 12, 2008. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending July 12, 2008. Anchor Bank — Check Register General & Special Revenue $ 342,348.80 Construction & Debt Sery 280,330.13 Enterprise & Internal Service 147,589.72 Housing & Redevelopment Authority 5,100.76 Check Register Total $. 775,369.41 Anchor Bank-ACH Credit Card Payment General & Special Revenue 5,041.56 Construction & Debt Ser Enterprise & Internal Service 2,186.62 Housing & Recevelopment Authority 35.00 ACH Total 7,263.18 Anchor Bank — Housing Assistance Payments Housing & Redevelopment Authority 251,287.16 GRAND TOTAL FOR ALL FUNDS 1.033.919.75 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. / Cal Portner i Page 1 Invoice Expense Distribution for Period Ended 6.16.08 FUND 101 General Fund 201 Recreation Fund 202 Parker's Lake Cemetery Maint 203 Transit System Fund 204 Community Development Fund 205 Public Safety Grants 207 Economic Development Fund 208 Lawful Gambling 220 Comm Dev Block Grant Fund 250 HRA Section 8 Fund 251 HRA General Fund 401 General Capital Projects Fund 402 Minnesota State Aid Fund 404 Building & Equipment Rev. Fund 406 Park Replacement Fund 407 Infrasturcture Replacement Fund 408 Project Administration Fund 409 Park Construction 411 Capital Improvement Fund 421 Utility Trunk Fund 422 Improvement Project Construction 426 Shenandoah Administration 430 Public Safety Expansion 431 HRA Senior Apt. Constr Fund 440 Utility Trunk System Expansion 446 Water Sewer Construction 447 Enterprise -Other Construction 471 TIF # 7-2 O.S. (Const) 472 TIF # 7-3 P.O.S. (Const) 473 TIF #74 P.T.P (Const) 474 TIF Dev. Exp. Bonds 95 (Const) 475 TIF # 7-5 Rottlund (Const) 476 TIF #7-6 Continental (Const) 478 TIF #7-7 Stonecreek ('Const) 479 TIF #7-8 Shops @ Plymouth Creek 480 TIF HRA Senior Apt. Constr. Fund 481 TIF HRA 1-3 Crossroads Station 501 Water Fund 502 Sewer Fund 503 Solid Waste Management Fund 504 Ice Center Fund 505 Water Resources Fund 507 Field House Fund 601 Central Services Fund 602 Central Equipment Fund 603 Risk Management Fund 604 Design Engineering Fund 605 Employee Benefits Fund 606 Information Technology Fund 607 Public Facilities Fund 720 Senior Housing Bond Trustee 328,659.51 11,709.32 0.00 157.64 0.00 2,039.01 0.00 0.00 4,824.88 255,454.46 968.46 109,996.00 0.00 4,256.35 26,004.11 0.00 0.00 0.00 0.00 2,845.46 124,328.00 0.00 0.00 0.00 0.00 788.96 12,111.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 61,750.45 7,819.37 3,391.60 2,009.56 12,485.29 500.08 0.00 9,782.16 6,022.00 120.00 16,231.16 9,045.45 20,619.22 0.00 0.00 Total Invoice Expense Distribution: 1,033,919.75 Page 2 Check Register Date: 7/14/2008 Time: 9:21:51 AM Page 1 of 13 Bassett Creek Watershed Manage htt://ci internal/as /as reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/2, Page 3 p tY p p_ COUNCIL REPORT - CHECK REGISTER 6/29/2008 Through 7/12/2008 Vendor Name/ Invoice Amount Check # Check Amoui Invoice Description A M E M / CK Address Plekkenpol/Breezy Point conf 125.00 98404 125.00 AED Headquarters Defibrillator,FRX inf/Child ke 1,754.53 98577 1,754.53 AVI Systems PCC sound syst Plym room 557.03 98412 557.03 Abrakadoodle 6.9/6.30 Twoosy,Mini Doodlers 768.00 98413 768.00 Accurint - Account # 1034558 June 08 Background/Invest 30.00 98405 30.00 Affiliated Emergency Vet. 11.28/11.29.07 Stray vet 119.00 98406 218.00 3.15.08 Emerg Vet stray 99.00 AmberStickMN 50 Amber Sticks 876.28 98408 876.28 AmericInn 7.19.08 K-9 Certif/Topp,KIeist 435.42 98409 435.42 Anoka County Sheriffs Dept W#083619 R812190 bail 300.00 98385 300.00 Aramark PCC 3 AquaMark filters 222.37 98410 1,083.12 4.30.08 PW Sery Surcharge 14.85 6.25.08 PW Sery Surcharge 14.85 PW 2 AquaMark filters 153.20 4.30.08 PS Sery Surcharge 14.85 CC 15 reg,24sgr,40URN Prm 648.15 6.25.08 PS Sery Surcharge 14.85 Astleford International Unit 247 Mirror arm 22.01 98411 22.01 Autio, Charles Alan W'08 Tuition Reimb 589.40 98386 589.40 Bahmanova, Sabina 08.24.0176 Ref'06&'07 SA 285.12 98399 285.12 Barnes Plumbing Co Inc 98415 823.501420544thPl/water heater rpl 823.50 Barnes, James Notary Public Registr fee 100.00 98477 100.00 Bassett Creek Watershed Manage htt://ci internal/as /as reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/2, Page 3 p tY p p_ Check Register Page 2 of 13 Proj8113 Review fee 1,000.00 98416 1,000.00 Becker Arena Products Inc 100sf ice graphics -Trojans 350.92 98417 350.92 Bendickson, Wesley Park grade black hills spruce 500.00 98403 500.00 Berkley Risk Administrators Co Apr-Jun08 Workers Comp 6,022.00 98418 6,022.00 Bertelson Total Office Solutio 27 Vinyl Round ring viewbndrs 152.11 98419 152.11 Best Access Systems SDD 32384 Keyed MK 43.24 98420. 43.24 Bindra, Sanjeev 08.24.0175 Ref'07 SA 23.28 98400 23.28 Bodin, Debbie Cub/preschool supplies 18.35 98442 18.35 Boyer Trucks Hose -Colla #327 159.33 98422 159.33 Braun Intertec Corp 6.13.08 Soil sampls . 1,100.00 98423 4,986.75 Proj1013 6.13.08 Fembrook 3,886.75 Breezy Point Resort Plekkenpol/AMEM conf lodge 540.00 98424 540.00 Brunner, Pete 7.17.08 Concert Performance 800.00 98534 800.00 Bryan Rock Products Inc 6.11 80.15m 3/4" w/fines CL2 838.23 98425 838.23 C.S. McCrossan Const., Inc. 6.16/6.18 Fines mix,4IAwear 1,864.51 98426 1,864.51 Campbell Knutson Prof Assoc 98427 31,175.61May08Attorneyservices31,175.61 City of Eagan 7.18.08 Disc Day trip 132.00 98429 132.00 City of Plymouth/Sewer & Water 4/1-5/31/08 5605 Lawndale Ln N 12.32 98430 462.82 4/1-5/31/08 Greenwood Pk 446.21. 4/1-5/31/08 Southwood Green 4.29 Commercial Asphalt Co. 6.16/6.20 132.83m 41A Wear,oi 6,101.47 98431 6,101.47 Custom Headsets Inc. Headset/Lisa Baird 392.93 98434 392.93 DPC Industries Inc 482gl Zinc Orthophosphate 1,932.82 98435 1,932.82 Dakota County Sheriffs Dept W#2008001747 R813967 bail 300.00 98436 300.00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=6%2F29%2F2008&s... 7/14/2(! Page 4 Check Register Page 3 of 13 Dalbec Roofing Inc 6.11.08 PCC roof leak 774.23 98437 774.23 Dalco CC 15cTP&7cs Twls-prices 1,122.98 98438 1,122.98 Data Recognition Corporation Jun08 UB Postage 3,647.04 98440 3,647.04 Dundee Nursery&Landscaping Co. 6/24 floral del Weir Funeral 81.57 98444 81.57 ESS Bros. 12 R3067 -V CCB,362'x3'rings 5,687.33 98445 5,687.33 Egan Oil 182 15W40,173 5W-30,73 ATF 3,358.75 98446 3,358.75 Engman, Delores Park and Rec Refund 26.00 98448 26.00 Esaulenko, Nataliya 08.24.0147 Ref'06&'07 SA 285.12 98397 285.12 Express Messenger 6.16/6.23 Attorney P/U 40.60 98449 40.60 FSH Communications LLC Ju108 2 P&R pay phones 127.80 98450 127.80 Farris, Roberta Lynn Payroll Generated Invoice 443.54 98552 443.54 Filtration Systems Inc. Computer Rm 2 filters 51.65 98451 51.65 Fire Equipment Specialities 8 Janesville coat,pant,suspend 11,112.00 98452 11,112.00 Flexible Pipe Tool Co. 12 8" O-ring 247.79 98453 247.79 Foerster, Sher & Kerry 08.24.0180 Ref'06&'07 SA 285.12 98402 285.12 G & K Service Inc 6.19.08 Rug service 78.71 98454 78.71 GameTime Mumble N roll dbl slid 1,206.31 98455 1,206.31 Grainger Cap Hard Vented White 12.16 98457 1,609.39 Solenoid Valve 325.18 5 100 Pk Cable Tie 88.50 FD 6 Odor Control Aerosol 93.55 5 Wtr Hose; 4 Soaker Hose 221.69 6 Compact Lamp Floodlt 55.59 12 Rbr Sfty Glv 72.08 City Hall 56 Var Repl Lamps 142.39 2 Everpure Warter Cartridges 174.15 10 Cable Tie 383.36 Tester GFCI 40.74 htt:Hci intemal/as /as orts/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/ Page 5 p ' p p_rep Check Register Page 4 of 13 Gregor Farm & Greenhouse 3 Bedding Plants Flats 49.17 98458 49.17 Grove Nursery Center Inc. 23 Var Plants Shrubs 153.84 98459 153.84 Guritz, Marty Park and Rec Refund 61.00 98460 61.00 HOME Line Kurtz,Duerksen"Criminal Issues 32.00 98461 32.00 Haas, Mallory Water Sfty instr Certification 100.00 98504 100.00 Hall, Melissa 08.24.0179 Ref'06&'07 SA 285.12 98395 285.12 Hamel Lumber and Supply Inc June 08 Hardware Supplies 1,219.64 98462 1,219.64 Haon, Deborah 4.28/6.9 Chair Yoga class 175.50 98443 175.50 Hawkins Water Treatment 680gl Hydrof,350gl Caruso120 5,815.06 98463 5,815.06 Healthfund of Minnesota Payroll Generated Invoice 2.00 98464 79.50 Payroll Generated Invoice 1.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 51.00 Payroll Generated Invoice 4.50 Payroll Generated Invoice 2.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 6.00 Heartland Distribution LLC 4 LT245/75R16 WRL tires 519.93 98465 616.25 2 Turf Tamer 96.32 Hebzynski, Bob CL "A" reimb 19.00 98421 19.00 Hedberg Aggregate 72 Ret Wall Ancr Diamond 424.90 98466 905.94 Pallet Return Inv605021 12.78) 2 HP Tan Polymeric; 2 bg Silic 75.84 Parkers Lk50 Ret Wall Ancr Dia 430.76 Credit Pallet Return 12.78) Hendrickson, Gary W'08 Tuition reimb 492.43 98389 492.43 Hennepin County /NW #8121 Jun08 11.18tn Waste Hauling 497.06 98468 497.06 Hennepin County SheriffBookng May08 Book fees prisoners 2,814.01 98467. 2,814.01 Hennepin County Treas/417 No15 Apr08 utility permits 265.00 98469 624.39 Sep07 Signal Maint 359.39 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/21 Page 6 Check Register Page 5 of 13 Hertel, Alice Water Safety Instr Certificati 100.00 98407 100.00 Hirshfield's 96 5g1 White field, I 3experimen 2,159.29 98470 2,159.29 Hopkins Parts Co. June 08 Equipment Repair 925.33 98471 925.33 IPMA Sobania/6.18.08 chptr meet 30.00 98472 30.00 ILEETA 08 Oie Membership 50.00 98473 50.00 IPMBA 08 28 Officer Memberships 1,680.00 98474 1,680.00 Impressive Print 370 Recycle,compostable,trash 213.00 98475 213.00 JR's Advanced Recyclers 08 Spec Recycle appliances 2,530.00 98476 2,530.00 Jakubczak, Joanna 08.24.0177 Ref'06&'07 SA 285.12 98393 285.12 John Deere Landscapes Parkers Lake #308 Bushing Cpli 177.65 98479 177.65 John's Auto Electric II Inc Unit 018 coils,solenoid,B&B 135.14 98480 353.46 Unit 244 Starter repair 218.32 Johnson, Rick Jun08 2 Deer Calls 190.00 98549 190.00 Johnson,Sara Native plant reimbursement 417.47 98555 417.47 Jordan, Kathy Park and Rec Refund 131.99 98481 131.99 King Electric Inc 12500 24th Ave/elec correct 1,501.00 98485 1,501.00 Konop, Gil 6.14/6.27.08 LTD 1,134.40 98390 1,134.40 Krause, Greg WS'08 Tuition reimb 3,398.00 98391 3,398.00 Kreibich, Mollie 7.1 Personal training 67.50 98514 67.50 LSC Resource Inc 4 sts Business cards/Noraas, 86.40 98487 222.86 Business Cards 136.46 Lanoux Electric Proj7111 Contrl panel/floats 3,000.00 98488 3,000.00 Laser Labs 12 Model 100 Tint meter 1,025.59 98489 1,025.59 I hq:Hcityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/141 Page 7 Check Register Page 6 of 13 Law Enforce Labor Serv./Union Payroll Generated Invoice 189.00 98490 1,365.00 Payroll Generated Invoice 105.00 Payroll Generated Invoice 1,050.00 Payroll Generated Invoice 21.00 Law Enforcement Tech Group Zebra battery 99.38 98491 99.38 Lawn King, Inc. 6.3.08 7571--40rl sod,stpls,pl 166.23 98492 166.23 LePage & Sons 6.24 Switch Out rolloff 105.00 98493 105.00 Leiseth, Chris Target/MS Windows Server'03 74.82 98428 74.82 Litin PCC lcs hvy dty liners 2402 1 78.74 98494 78.74 Lowe's 6.9/6.24.08 Hdwe charges 216.14 98495 216.14 Lynch, Kevin Joseph 6.9/6.13 Basketball camp 1,657.50 98483 1,657.50 MES Inc Facecap Assembly 17.80 98496 17.80 MN AFSCME Council 95 Payroll Generated Invoice 90.40 98498 2,425.56 Payroll Generated Invoice 18.08 Payroll Generated Invoice 54.24 Payroll Generated Invoice 18.08 Payroll Generated Invoice 18.08 Payroll Generated Invoice 41.94 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 72.32 Payroll Generated Invoice 27.96 Payroll Generated Invoice 54.24 Payroll Generated Invoice 72.32 Payroll Generated Invoice 18.08 Payroll Generated Invoice 13.98 Payroll Generated Invoice 41.94 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 255.97 Payroll Generated Invoice 19.69 Payroll Generated Invoice 29.23 Payroll Generated Invoice 77.15 Payroll Generated Invoice 41.94 Payroll Generated Invoice 90.40 Payroll Generated Invoice 10.73 Payroll Generated Invoice 27.12 Payroll Generated Invoice 13.98 Payroll Generated Invoice 59.73 Payroll Generated Invoice 334.73 Payroll Generated Invoice 36.16 Payroll Generated Invoice 162.72 Payroll Generated Invoice 36.16 Payroll Generated Invoice 27.96 Page http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=6%2F29%2F2008&s... 7/14/ Check Register Page 7of13 Payroll Generated Invoice 55.92 Payroll Generated Invoice 41.94 98507 484.58 MN Child Support Payment Ctr 285.42 Payroll Generated Invoice 474.38 98499 1,782.99 Payroll Generated Invoice 98.75 Payroll Generated Invoice 797.41 98508 5.00 Payroll Generated Invoice 97.33 Payroll Generated Invoice 96.85 98486 7.57 Payroll Generated Invoice 218.27 MN Dept of Labor&Industry 512.01 98509 512.01 Jun08 Bldg Permit Surcharge 16,072.15 98500 16,072.15 MN Dept of Transportation 1,497.46 98510 2,047.46 Proj1013 May08 inspect 828.00 98432 828.00 MN Environmental Fund Payroll Generated Invoice 1.00 98501 30.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 10.00 98511 126.41 Payroll Generated Invoice 1.00 Payroll Generated Invoice 10.00 98512 109,996.00 Payroll Generated Invoice 7.00 MN NCPERS Life Insurance Ju108 Employee Life Insurance 1,465.00 98502 1,465.00 MTI Distributing Inc LH Ball Joint Asm #526 59.64 98503 59.64 Malloy Montague Karnowski 2007 Audit 21,250.00 98505 33,000.00 2007 Audit 11,750.00 Mastey, Paula 6.19 Lunch/Tax Inc tmg 12.18 98532 12.18 Matrix Laser Care Inc HP 80 Ink Ctg Magenta 83.07 98507 484.58 HP 80 Black Injet 285.42 HP Toner Ctdg; Ret Deft Ctdg 116.09 Medeco Key card addition 5.00 98508 5.00 Melody, Kristine 5.24/6.4 15 Mileage Reimb 7.57 98486 7.57 Menards Fence Posts; Fogger Insecticid 512.01 98509 512.01 Metro Leak Detection 5.20/6.6.08 Leak locates 1,497.46 98510 2,047.46 5.15.08 leak locate'09 Rcnstr 550.00 Michaud, Regina 08 Sam's Club Membership 40.00 98548 40.00 Minnesota Elevator Inc May-Jun08 WTP 2 Elev sery 126.41 98511 126.41 Minnesota/Wisconsin Playground Proj8118 Plygmd equipment 109,996.00 98512 109,996.00 Minnetonka Game & Fish Club Page 9 http://cityintemal/asp/asp reports/finance/cc_cheek. asp?sFromDate=6%2F29 %2F2008 &s... 7/14/1 Check Register Page 8 of 13 5.22.08 Permit Fee/SWAT $230.00 98513 $230.00 Mittelstaedt, Sara 6.3/6.25 Rainbow,Sam's,Cub, 97.64 98556 97.64 Mpls Area Assoc of Realtors Jul-Sep08 Multiple Listing 88.50 98515 88.50 Muniz, David & Pamela 08.24.0178 Ref'06&'07 SA 285.12 98388 285.12 NAPA Geniune Auto Parts Co 2 Meguiar 23.41 98456 143.53 2 Bars Leak 7.01 Unit 348 Automatic,bypass 67.72 Perf It,Meguiar 39.65 Air fresh,stone new 5.74 National Martial Arts 5.6/6.26 Kid Fu course 731.50 98516 731,50 Nesbitt, Robert 7.2 Arrowhead conf,mileage,mea 177.01 98551 2,039.01 6.23/7.4 MN Joint Analysis 1,862.00 New World Systems 6.8/6.12 Logos travel expenses 1,974.03 98518 7,073.25 6.8/6.12 Logos install/trainin 5,099.22 Northern Sanitary Supply Co PW/Pk Gal Scrub; Cs Tiss; Cs T 130.78 98519 416.95 Broom Flg Org'; Handle 24.07 IC 12 Comandair; 12Qt Clnr 262.10 Odesa H LLC Proj8103 #1/Final Sunset Trl 59,480.35 98521 59,480.35 Office Depot Stamp 29.80 98522 281.96 Holder; Cart; Tape Lettering 85.04 Hanging Wire File Basket 5.26 2 Rulers; Pens 2.92 Stplr; Self Fastner; Mrkrs 45.17 Labels; Files 22.40 File; Labels 25.02 Tape; WstBskt; Deskpad 8.83 Mrkrs; Env; Staples; Pens 57.52 Once Upon A Star 7.1.08 High School Musical 560.00 98484 560.00 Open Your Heart Payroll Generated Invoice 2.00 98523 71.50 Payroll Generated Invoice 25.00 Payroll Generated Invoice 9.00 Payroll Generated Invoice 6.00 Payroll Generated Invoice 11.00 Payroll Generated Invoice 7.50 Payroll Generated Invoice 5.00 Payroll Generated Invoice 6.00 Otis Elevator Co. Jul-Sep08 CC Elev Maint 641.19 98524 641.19 Owens Services Inc. Ref Overpay Permit A200804434 32.25 98525 32.25 finance/cc check.as ?sFromDate=6%2F29%2F2008&s... 7/14/2( Page 10 http://crtylnternaUasp/asp reports _ p Check Register Page 9 of 13 Pace Analytical Services Inc May08 Parkers lk field samplin 940.45 98527 940.45 Pacific Tek Power Vac w/3000 PSI wtr jet 24,300.00 98528 24,300.00. Palda & Sons Inc Proj7101 #10'07 Str Rcnstr 59,796.80 98529 59,796.80 Park Nicollet Clinic 3.3/6.2 Employee physicl/MRO 1,293.00 98530 1,293.00 Parker, Kathleen Park and Rec Refund 56.00 98531 56.00 Party America 6.3.08 Proj035 51.45 98517 51.45 Perkins Landscape Contractors Plym Crk prk grading 3,885.00 98533 3,885.00 Phasor Electric Company CC Repl ballasts Eng Dept 134.99 98535 134.99 Plekkenpol, Daniel W'08 Tuition reimb 539.29. 98387 539.29 Plymouth Automotive Inc. 08.14757'96 Pontiac tow fee 157.87 98536 157.87 Plymouth BP Apr-Jun08 Car Washes 958.50 98482 958.50 Prairie Restorations Inc Butterfly weed,wild lupine,bla 25.56 98538 25.56 Precision Sealcoating Inc Proj8l20E #1 crack repair 118,126.80 98539 118,126.80 Printers Service Inc IC 77" Ice Knife Sharp. 36.00 98540 36.00 Productivity Inc R200715023 7.27.07 ref erosion 1,000.00 98541 1,000.00 Protek Painting Inc CC Lwrentry rstrms&cncl kitche 2,615.00 98542 2,615.00 Quality Restoration Sery Inc 1765 Archer Ct/Wtrmn brk rpr 1,086.00 98543 18,189.50 2500 Nathan/Wtrmn brk rpr 4,732.50 1753 Archer/Wtrmn brk rpr 1,297.50 1795 Archer/Wtrmn brk rpr 798.00 4800 Harbor/Wtrmn brk rpr 852.00 Co Rd 10/Wtrmn brk rpr 1,679.00 18210 26th/Wtrm brk rpr 1,095.00 2013 Olive/Wtrmn brk rpr 910.50 18130 30th Pl/Wtrmn brk rpr 1,374.00 23rd/Shadyview/Wtrmn brk rpr 1,932.00 2420 Garland/Wtrmn brk rpr 798.00 2735Queensland/Wtrmn brk rpr 1,635.00 Qwest Jun08 Reservoir DSL 61.45 98544 61.45 R & R Specialties/ Somerset WI Page 11 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFromDate=6%2F29%2F2008&s... 7/14/ Check Register Page 10 of 13 IC Conditioner repr labor $171.00 98545 $171.00 RDO / Burnsville Water Pump; Kit; Gakt; ORg 203 399.39 98537 460.41 Oil Fltr; Fltr Elm; 61.02 RSC Rental Service Corp Scissor lift rental 294.81 98546 294.81 Raiche, Cris Park and Rec Refund 30.67 98433 30.67 Reding, Eliah Water Safety Instr Certif 100.00 98447 100.00 Reed Business Information Proj7114 6.16.08 legal ad 142.74 98547 142.74 Renneberg, Jim Proj Eng License renewal 120.00 98478 120.00 Ritchie, Susan 6.12/6.26 Knitting Class 75.00 98568 75.00 Ritter, Melissa 08.24.0151 Ref'07 SA 139.69 98396 139.69 River City Data Inc Microfiche 746.33 98550 746.33 Robins, Amy 08.24.0152 Ref'07 SA 139.69 98384 139.69 Rottlund Company Inc R200719451 9.10.07 erosion ref 1,000.00 98553 8,850.00 R200719452 9.10.07 erosion ref 7,850.00 S & S Tree&Horticultural Spec 6.7.08 610 Kingsview tree rmvl 975.00 98554 9,459.20 6.16 12315 28th PI tree rmvl 2,385.00 6.9.08 Var site tree removal 2,549.20 6.16.08 2655 Queensland 3,550.00 Schultze, Shelia W'08 Tuition reimb 892.00 98401 892.00 Senness, Barbara 4.8/6.24 241 Mileage Reimb 121.71 98414 121.71 Shingle Creek WMO 1/2 Rain Garden workshops 750.00 98557 750.00 Shred N Go 06/25/08 Schd Svc 345.12 98558 345.12 Sibley County Sheriffs Dept W#72VB08363 R813965 bail 200.00 98559 200.00 SourceOne Graphics Inc 6 Eng City Hall Council Vinyls 210.89 98560 210.89 Sports Unlimited 6.23/6.27.08 Tennis camp 2,380.00 98561 2,380.00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/21 Page 12 Check Register Page 11 of 13 Springob, Kevin 6.17/6.20 132 Mileage reimb 66.66 98394 66.66 St Croix Recreation Co Inc Proj8117 Plygmd equip 26,004.11 98562 26,004.11 Standard Insurance Co Ju108 LTD,AD&D,Term Life Ins 7,284.97 98563 7,284.97 StayWell Company 8 Lifeguard manuals 229.73 98564 Stearns County Sheriffs Dept W#CR0712807 R813964 hail 380.00 98565 380.00 Sticks and Tones 7.16.08 Concert Performance 250.00 98439 250.00 Streicher's Inc Velcro added to 12 SWAT Vests 72.00 98566 216.00 Velcro patches; Mace Strap Alt 144.00 Sun Newspapers/Notices Ord 2008-17 343.20 98567 1,031.40 Ord 2008-16 268.13 Fare Increase Notice 107.25 Well #16 Bid Proj 7114 91.16 Ord 2008-12 53.63 Ord 2008-18 128.70 Ord 2008-19 39.33 Swift Co Sheriffs Dept Cs#08.015903 R813966 hail 200.00 98569 200.00 Sysco Minnesota 98570 961.725TableBase724.21 Cr inv 805241944 115.19) Cr inv 805241944 84.71) Wire rack/see credits 437.41 TJ Conevera's Inc 80 H223 Rem 55gr steel case 1,184.00 98571 2,664.00 100 H223 Rem 55gr steel case 1,480.00 TKDA & Associates Inc 98572 555.06Proj81154.27/5.31.08 555.06 TNT Corporation 98573 50.00RefPermitApp/R807391 50.00 Taho Sportswear Discovery 145 Youth T 20 Adult 575.85 98574 611.65 10 P&R Adult Ts 35.80 Target 6.5/6.6 Frame,Prog011,223,024 217.76 98575 217.76 Terminal Supply Company 98576 236.40200FWSS-316-5/8 125.41 Ignit Starter Switch; LED 110.99 Three Rivers Park District 6.17/6.26 Naturalist Fee/Disc $324.00 98578 $324.00 ThyssenKrupp Elevator Jul-Sep08 IC Elev Maint $475.00 98579 $626.69 http://cityinterna1/asp/asp reports/finance/cc_ check. asp? sFro1nDate=6%2F29%2F2008&s... 7/14/21 Page 13 Check Register Page 12 of 13 Ju108 PS Elev Maint $151.69 Tobin, Joan Park and Rec Refund 56.00 98580 56.00 Trans -Alarm Inc Vicksburg Resery test relays 296.50 98581 2,990.30 5.1/7.31 FS3 monitor,ULFire Ce 256.72 5.1/7.31.08 Well 8 monitor 124.61 5.1/7.31.08 4Season monitor 124.61 5.1/7.31.08 WTP1 monitor 124.61 5.1/7.31.08 Well 3 monitor 124.61 5.1/7.31.08 Well 2 monitor 124.61 5.1/7.31.08 Well 14 monitor 124.61 5.1/7.31.08 Well 5 monitor 124.61 5.1/7.31.08 Well 11 monitor 124.61 6.1/8.31 Vcksbrg Rsvr monitor 81.48 5.1/7.31 WTP2 monitor/ULFireCe 337.33 5.1/7.31 WTP1 monitor/ULFireCe 310.46 5.1/7.31 FS2 monitor/ULFireCer 256.72 5.1/7.31 FSI monitor,ULFireCer 256.72 3.10/5.31 Vcksbrg Rsvr monitor 72.88 5.1/7.31.08 Well 15 monitor 124.61 Tri -K Services, Inc. Jun08 107yds pulv topsoil 1,196.53 98582 1,196.53 Turfwerks LLC Unit6002 Hyd plow 639.00 98583 639.00 US Auto Force 4 Elem Asm; Trans Oil; Brk 168.09 98584 443.61 12 Oil Filt 47.41 3 Fltr Oil 32.53 Pad Kit; 2 Rotor Asm Frt Brk 144.80 Pump Kit Wat #348 50.78 US Identification Manual 08 US ID manual update 165.00 98585 165.00 USA Mobility Wireless Inc 6.22/7.2125 PD pager rental 175.55 98586 446.88 Ju108 5 SW pager rentals 88.72 6.22/7.21 25RAD pager rental 170.25 Ju108 1 WR pager rental 12.36 United Arts Payroll Generated Invoice 3.00 98588 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 United Electric/EESCO HUBW 15A wht elstgrp plug,con 46.96 98589 46.96 United Way of Mpls Payroll Generated Invoice 3.00 98590 143.70 Payroll Generated Invoice 10.00 Payroll Generated Invoice 30.00 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 7.70 Payroll Generated Invoice 10.00 Payroll Generated Invoice 9.00 Payroll Generated Invoice 8.00 Page 14 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/21 Check Register Page 13 of 13 Payroll Generated Invoice 2.00 Payroll Generated Invoice 2.00 Valley Rich Co Inc 5.28/6.6 Juno Ln&Rckfrd 3,367.32 98591 5,178.00 6.18/6.20 Xenium Ln Manhole 1,810.68 Valspar Paint Gloss Blk; Safety Yellow; Red 96.96 98592 96.96 Vigoren, Marjorie 6.26 38 Mileage Reimh 19.19 98506 19.19 Village Chevrolet Co. Resistor #188 40.37 98593 40.37 WSB & Associates Proj8115 May08 1,482.00 98594 8,111.25 Proj8115 May08/Improvements 6,629.25 Wagner, Alex & Jannette 08.24.0175 Ref'06&'07 SA 261.84 98383 261.84 Watson Company Prkrs concession food rsply 429.78 98595 978.20 Prkrs concession food rsply 193.87 Prkrs concession food rsply 186.97 Prkrs concession food rsply 167.58 Whitman, David 7.15.08 Concert Performance 300.00 98441 300.00 Workman, Rebekah 08.24.0149 Ref'06&'07 SA 285.12 98398 285.12 Wright -Henn Elec. Co. 5/15-6/15 Street Lighting 8,818.10 98596 8,818.10 Xcel Energy 5/12-6/17 Traffic Signal Flash 2,647.99 98597 68,750.75 5/14-6/17 Lift Stations 708.05 5/14-6/17 City Parks 6,846.54 5/15-6/18 Wtr Twrs 119.76 June 08 CC PS HS FS3 STRT LTG 58,428.41 Xcel Energy/Misc Hazard waste disposal 347.00 98598 347.00 Yesilevskiy, Igor 08.24.0148 Ref'06&'07 SA 285.12 98392 285.12 Zee Medical Service PW Medical resupply 263.27 98599 485.86 PW Medical resupply 222.59 Zep Manufacturing 4Pc Metro #109 NC Liq; Sprayer 570.46 98600 570.46 eQuality Pathways to Potential Jun08 PCC Janitorial 670.95 98601 670.95 TOTAL AMOUNT: 775,369.41 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFroniDate=6%2F29%2F2008&s... 7/14/2 Page 15 US Bank Visa Credit Card V# 14754 6.16.08 Invoice Description Amount Jones/Target, TV & Camera 814.83 Ahrens/Holiday Inn,G Black LMC conf lodg 109.89 Engdahl/USPS,Davanni's,Jimmy Johns -council food 255.89 Portner/GFOA-'08 GASB Subsc 185.00 Juetten/Intl Code Council/Kulesa'07 code supplement 18.00 Whalen/SLUC Black, Barnes, Darling,Drill,Senness 185.00 Evans/Disc Schl Sply,Craguns Lodge MRPA conf Pro186 393.25 Peterson/NRPA Baltimore conf airfare 589.00 Busch/Wares Direct -Recycle container lids 198.48 Cox/Best Buy -2 digital cameras,case memory 762.48 Hunt/Fuel,binoculars,twine,bnge cord,nitrile gloves 337.65 Oie/Cub,Webb,Goldstein SanDiego conf,StarTri,JonesBar 2,030.73 Kline/Chennellock Inc,3 rescue tool 209.67 Newberger/Sea rs-Potassi u m p Perm an-lawndale house 63.98 Abel/Ice Skate Ins '08 Char Martin Membership 75.00 Krause/Micro Center -Shredder, 1 gb memory PC2700 1,034.33 Total ACH Payment 7,263.18 Council Report Fund Summary 101 General Fund 4,648.31 201 Recreation Fund 393.25 251 HRA General Fund 35.00 501 Water Fund 503 Solid Waste 198.48 502 Sewer Fund 504 Ice Center Fund 75.00 505 Water Resources Fund 63.98 507 Field House 602 Public Works 603 Risk Management 606 IT Fund 1,034.33 607 Facilities Mgmnt 814.83 Total 7,263.18 Page 16 Datt 7/15/08 Tim;;. 9:36:37 AM H.M.S. Windows - Housing Assistance Payments Page: 0001 PAYMENT REGISTER -SUMMARY Q:\hms\reports\PAYSUM.QRP Bank Account Description/Account Number Checking 3110681 Number Date Method Status Name Of Payee Total 0001808 7/1/08 Computer Ck. Paid Dmitriy Akerman 982.00 0001809 7/1/08 Computer Ck. Paid Efim Akerman 1,150.00 0001810 7/1/08 Computer Ck. Paid Simon Akerman 914.00 0001811 7/1/08 Computer Ck. Paid Ilya Alchits 1,107.00 0001812 7/1/08 Computer Ck. Paid Alpha Investments & Consulting 770.00 0001813 7/1/08 Computer Ck. Paid Charles & Helen Anderson 447.00 0001814 7/1/08 Computer Ck. Paid Summer Creek Apts 1,839.00 0001815 7/1/08 Computer Ck. Paid At The Lake Apartments 0.00 0001816 7/1/08 Computer Ck. Paid At The Lake Apartments 18,075.00 0001817 7/1/08 Computer Ck. Paid Bass Lake Hills Townhomes, LP 4,158.00 0001818 7/1/08 Computer Ck. Paid Charles Beaman 587.00 0001819 7/1/08 Computer Ck. Paid Vladimir Begun 670.00 0001820 7/1/08 Computer Ck. Paid Bigos Willow Creek 0.00 0001821 7/1/08 Computer Ck. Paid Bigos Willow Creek 30,049.00 0001822 7/1/08 Computer Ck. Paid Bigos-Oakwood LLC 612.00 0001823 7/1/08 Computer Ck. Paid Birulovo 77 LLC 562.00 0001824 7/1/08 Computer Ck. Paid Caberallo LLC 744.00 0001825 7/1/08 Computer Ck. Paid Vitaly Chernith 1,135.00 0001826 7/1/08 Computer Ck. Paid John Dufresne 1,703.00 0001827 7/1/08 Computer Ck. Paid Nataliya Esaulenko 1,273.00 0001828 7/1/08 Computer Ck. Paid Gerald Evenson 1,042.00' 0001829 7/1/08 Computer Ck. Paid Fernbrook Townhomes 13,631.00 0001830 7/1/08 Computer Ck. Paid Four Seasons Estates 0.00 0001831 7/1/08 Computer Ck. Paid Four Seasons Estates 19,154.00 0001832 7/1/08 Computer Ck. Paid Denise Gartner 495.00 0001833.' 7/1/08 Computer Ck. Paid Alla Grigoryants 883.00 0001834 7/1/08 Computer Ck. Paid Suzanne Guggenberger 1,525.00 0001835 7/1/08 Computer Ck. Paid Todd Haigh 855.00 0001836 7/1/08 Computer Ck. Paid Heartland -Plymouth LkVwCommons 0.00 0001837 7/1/08 Computer Ck. Paid Heartland -Plymouth LkVwCommons 34,484.00 0001838 7/1/08 Computer Ck. Paid Elena & Boris Iliarske 633.00 0001839 7/1/08 Computer Ck. Paid James Irwin 855.00 0001840 7/1/08 Computer Ck. Paid Kim Johannessen 544.00 0001841 7/1/08 Computer Ck. Paid Joseph Palen 1,917.00 0001842 7/1/08 Computer Ck. Paid Vladimir Kazaryan 989.00 0001843 7/1/08 Computer Ck. Paid Gennadiy Kharam 462.00 0001844 7/1/08 Computer Ck. Paid Lancaster Village Partnership 6,820.00 0001845 7/1/08 Computer Ck. Paid Kathy LaPointe 820.00 0001846 7/1/08 Computer Ck. Paid Gregory Mazo 693.00 0001847 7/1/08 Computer Ck. Paid Joan M. Michaud 512.00 0001848 7/1/08 Computer Ck. Paid Klara Mints 767.00 0001849 7/1/08 Computer Ck. Paid Toni Muckala 704.00 0001850 7/1/08 Computer Ck. Paid Jane Nyagwansa 706.00 0001851 7/1/08 Computer Ck. Paid Alex Olchanski 227.00 0001852 7/1/08 Computer Ck. Paid Park Place Apartments 2,459.00 0001853 7/1/08 Computer Ck. Paid Parkside Apartments 11,016.00 0001854 7/1/08 Computer Ck. Paid Reese Pfeiffer 570.00 0001855 7/1/08 Computer Ck. Paid Plymouth Colony Apartments 6,711.00 0001856 7/1/08 Computer Ck. Paid Plymouth Ponds Ltd Partnership 0.00 0001857 7/1/08 Computer Ck. Paid Plymouth Ponds Ltd Partnership 16,011.00 0001858 7/1/08 Computer Ck. Paid Plymouth Terrace Realty, LLP 351.00 0001859 7/1/08 Computer Ck. Paid Regency Pointe Apartment Homes 12,525.00 0001860 7/1/08 Computer Ck. Paid Ilya Roytelman 569.00 0001861 7/1/08 Computer Ck. Paid Shenandoah Woods 11,367.00 Page 17 Date 7/15/08 H.M.S. Windows - Housing Assistance Payments Page: 0002 Timc: 9:36:37 AM PAYMENT REGISTER -SUMMARY Q:\hms\reports\PAYSUM.QRP 0001862 7/1/08 Computer Ck. Paid Gopal B Shenoy 1,358.00 0001863 7/1/08 Computer Ck. Paid. Plymouth Leased Housing Assoc 10,982.00 0001864 7/1/08 Computer Ck. Paid Dawa Tashi 701.00 0001865 7/1/08 Computer Ck. Paid The Place Apartments 463.00 0001866 7/1/08 Computer. Ck. Paid Karen Thompson 814.00 0001867 7/1/08 Computer Ck. Paid . Irina Turovskaya 557.00 0001868 7/1/08 Computer Ck. Paid Vicksburg Crossing 2,794.00 0001869 7/1/08 Computer Ck. Paid Vicksburg Commons 5,073.00 0001870 7/1/08 Computer Ck. Paid Vladimir Voynov 221.00 0001871 7/1/08 Computer Ck. Paid Wellington Apartments Partnership 1,181.00 0001872 7/1/08 Computer Ck. Paid Igor Yesilevsky 679.00 0001873 7/1/08 Computer Ck. Paid City Of Grand Prairie Housing & Neighbor 977.74 0001874 7/1/08 Computer Ck. Paid Metropolitan Council 2,102.14 0001875 7/1/08 Computer Ck. Paid Minneapolis Public Housing Authority 2,299.14 0001876 7/1/08 Computer Ck. Paid St. Louis Park Housing Authority 180.38 0001877 7/1/08 Computer Ck. Paid 14.00 0001878 7/1/08 Computer Ck. Paid 61.00 0001879 7/1/08 Computer Ck. Paid 9.00 0001880 7/1/08 Computer Ck. Paid 13.00 0001881 7/1/08 Computer Ck. Paid 69.00 0001882 7/1/08 Computer Ck. Paid 15.00 0001883 7/1/08 Computer Ck. Paid 64.00 0001884 7/1/08 Computer Ck. Paid 52.00 0001885 7/1/08 Computer Ck. Paid 31.00 0001886 7/2/08 Computer Ck. Paid Bigos Willow Creek 139.00 0001887 7/2/08 Computer Ck. Paid Valdemia Dema 867.00 0001888 7/2/08 Computer Ck. Paid Heartland -Plymouth LkVwCommons 623.00 0001889 7/2/08 Computer Ck. Paid Plymouth Colony Apartments 606.00 0001890 7/2/08 Computer Ck. Paid Metropolitan Council 1,059.76 0001891 7/9/08 Computer Ck. Paid Vladimir Begun 682.00 0001892 7/9/08 Computer Ck. Paid Plymouth Colony Apartments 346.00 Total For Bank Account Checking $252,107.16 Of Totals Transactions Computer Checks 446 $252,107.16 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: $252,107.16 Total - All Bank Accounts Printed: Void 1742 252,107.16 820.00 251,287.16 Page 18 CITY OF PLYMOUTH RESOLUTION NO: 2008 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING JULY 12, 2008 WHEREAS, a list of disbursements for the period ending July 12, 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 342,348.80 Construction & Debt Service 280,330.13 Enterprise & Internal Service 147,589.72 Housing & Redevelopment Authority 5,100.76 Check Register Total 775,369.41 Anchor Bank-ACH Credit Card Payment General & Special Revenue $ 5,041.56 Construction & Debt Sery Enterprise & Internal Service 2,186.62 Housing & Redevelopment Authority 35.00 ACH Total $ 7,263.18 Anchor Bank — Housing Assistance Payments Housing & Redevelopment Authority $ 251,287.16 GRAND TOTAL FOR ALL FUNDS $ 1.033.919.75 Adopted by the City Council on July 22, 2008 Page 19 Agenda Number II 6 O 3 File 2005046 , _ _. PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director r0 FROM: Shawn Drill, Sr. Planner (509-5456) through Barbara Senness, Planning Manager MEETING DATE: July 22, 2008 APPLICANT: Damien and Kristen Wolf PROPOSAL: Extension of variances for a detached garage in the front yard and impervious surface coverage LOCATION: 10610 South Shore Drive GUIDING: LA -1 (Living Area 1) ZONING: RSF-2 (Single Family Detached 2) PROPOSED MOTION: Move to adopt the attached resolution approving an additional one-year extension to the previous variance approvals_ for property located at 10610 South Shore Drive, as recommended by the Planning Commission. Approval of a resolution extending the expiration period of previously approved variances requires a 4/7 vote of the City Council. DESCRIPTION: The applicants originally received approval of four variances in 2005 to allow: 1) redevelopment of a non -conforming lot; 2) a reduced side yard setback for a portion of the covered front porch and exterior stairs for a new home; 3) a detached garage in the front yard; and 4) impervious surface coverage of 28.9 percent. The home that was approved as part of the original variance request was constructed in 2006. At this time, the applicants are requesting an additional one - Page 1 2005046 Page 2 year extension of the variances granted to allow a detached garage in the front yard and for impervious surface coverage. The first one-year extension was approved administratively in 2006, pursuant to Section 21030.06 of the Zoning Ordinance. The second one-year extension was approved by the City Council in 2007. PLANNING COMMISSION ACTION: On July 16, 2008, the Planning Commission voted unanimously to recommend approval of the extension on their consent agenda. A copy of the Planning Commission minutes is attached. ANALYSIS: The Zoning Ordinance specifies that variances are valid for one year from the date of approval, unless construction has commenced or unless the approvals are extended by the City. The first extension may be administratively approved for a one-year term. Any subsequent extensions, however, must be reviewed by the Planning Commission and approved by the City Council. In their June 11, 2008 letter -(copy attached), the applicants state that construction of the detached garage and driveway portions of the project have not commenced, primarily due to budget issues. Additionally, the street in front of their home (South Shore Drive) is scheduled to be reconstructed in the summer of 2009. The applicants state they would like to wait to commence installation of the driveway until after the street reconstruction project is completed. The Zoning Ordinance sets an expiration period on development approvals to ensure that development complies with the most recent code amendments. There have been no code amendments affecting this project since the time the variances were approved. RECOMMENDATION: Community Development Department staff recommends adoption of the attached resolution approving a one-year extension to the previous variance approvals for property located at 10610 South Shore Drive, as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. June 11, 2008 Letter from Applicant Requesting Extension 3. Resolution 2005-261 Approving Variances 4. Location Map 5. Site Graphic 6. Resolution Extending Development Approvals PLAN/STAFFREP/CC/2005/2005046-Extend-2-VAR-Wolf-CC.doc I Page 2 Draft Planning Commission Minutes July 16, 2008 Page 2 B. DAMIEN AND KRISTEN WOLF (2005046) MOTION by Commissioner Davis, seconded by Commissioner Nelson, to approve the extension of previously approved variances for a detached garage in the front yard and impervious surface coverage for property located at 10610 South Shore Drive. Vote. 4 Ayes. MOTION approved. DEVELOPMENT (2008049) MOTION by CommissionerDam•-sgr dinedbyCommissionerNelson, to approve the request by Skyline Design to approve variances t and setback and impervious surface area coverage to allow construction of a room addition or located at 1895 Juneau Lane N. Vote. 4 Ayes. MOTION approved. Page 3 June 11, 2008 Shawn B. Drill, AICP Senior Planner City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Dear Shawn, I am writing to begin the process of requesting an additional one-year extension on current variances for our property (Approving Resolutions 2005046). We have completed our home, but not our driveway or the second garage, primarily due to budget issues. In addition, before putting in our driveway, we would like to allow the planned road reconstruction along South Shore Drive to be completed in the summer of 2009. Please contact me with any questions or any additional information you may need. Thank you again for your assistance, Damien Wolf Reference: 2005-046, Damien & Kristen Wolf 10610 South Shore Drive Plymouth, MN 55441 261, 2007-330 Cell: 612-242-3146 Email: dwolf@orangeseed.com o Flo Page 4 co . CITY OF PLYMOUTH RESOLUTION 2005 - 261 APPROVING VARIANCES FOR DAMIEN AND KRISTEN WOLF FOR REDEVELOPMENT OF A NON -CONFORMING LOT, IMPERVIOUS SURFACE COVERAGE, DETACHED GARAGE IN THE FRONT YARD, AND SIDE YARD SETBACK FOR PROPERTY LOCATED AT 10610 SOUTH SHORE DRIVE (2005046) WHEREAS, an application has been filed by Damien and Kristen Wolf which requests approval of variances for redevelopment of a non -conforming lot, impervious surface coverage, detached garage in the front yard, and side yard setback to allow construction of a new single-family home for property legally described as follows: Lot 5, Block 2, Medicine Lake Park First Division, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Damien and Kristen Wolf for variances for redevelopment of a non -conforming lot, impervious surface coverage, detached garage in the front yard, and side yard setback to allow construction of a new single-family home at 10610 South Shore Drive, subject to the following conditions: This resolution approves variances to allow 1) redevelopment of an existing lot of record that is non -conforming due to lot width, 2) impervious surface coverage of 28.9 percent, 3) detached garage in the front yard, and 4) side yard setback of eight feet for a portion of the front parch and exterior stairs, in accordance with the plans received by the City on June 13, 2005 and June 14, 2005, except as may be amended by this resolution. 2. The variances are approved with the findings that the applicable variance standards are met, as follows: Page 5 Resolution 2005-261 2005046) Page 2 of 4 a) The subject lot is an existing non -conforming lot of record that was created prior to modem zoning and subdivision regulations. The applicants are proposing to improve the property by removing two small non -conforming cabins and subsequently constructing a new single-family home with attached garage in the north portion of the lot, and detached garage in the south (front yard) portion of the lot. The long and narrow shape of the lot, together with the desire to maintain the neighborhood character by placing the home adjacent to the neighboring homes, results in a need to exceed the allowable impervious surface coverage. Without the variances, the lot could not be redeveloped in a reasonable manner in keeping with the established neighborhood character. b) The circumstances related to this request are not generally applicable to other properties in the RSF-2 district. The Medicine Lake Park 1" Addition where this lot is located is unique due to its several non -conforming lots that were originally platted in the early 1900's, prior to modern zoning and subdivision regulations. That original platting established a lot configuration that does not readily serve the needs of present-day land use, unless variances are granted. The subject lot is also different from most lots in the district because it is sloped in a manner that further compounds the challenges for redevelopment of this lot. c) The request is not based upon a desire to increase value or income potential. The proposal would allow the applicants to build a new single-family home on this residentially zoned lot, replacing two old non -conforming cabins. The detached garage would provide the applicants with adequate garage space to store all of their personal property (e.g., vehicles, boat, lawn care equipment, bikes, etc.) indoors. The side yard setback variance would allow the portion of the front porch and exterior stairs located less than ten feet from the side lot line to be covered with a roof feature. d) The hardship relating to the lot width was not created by the applicants, but rather was created by the original platting of the lot in the early 1900's. Additionally, the difficulty relating to the slope of the lot, as well as the pre-existing development pattern of the neighborhood was not created by the applicants. The difficulties relating to the requested variances for impervious surface coverage, detached garage in the front yard, and side yard setback are a result of factors beyond the applicants' control. e) The proposal would not be detrimental to the public welfare or injurious to the neighborhood. The applicants propose to improve existing drainage issues in the area through their grading and drainage plan (as would be revised), including installation of storm sewer pipe and a rain garden. Many lots in this neighborhood have a similar lot width and exceed 25 percent impervious surface coverage. Five other properties in the immediate area also have a detached garage in their front yards. Lastly, the size and location of the proposed home would be compatible with the neighborhood. Page 6 Resolution 2005-261 2005046) Page 3 of 4 f) The proposal would not impair an adequate supply of light and air to adjacent properties, increase the danger of fire, endanger the public safety, or diminish property values within the neighborhood. g) The request is reasonable and strikes a balance between allowing redevelopment to occur while preserving neighborhood character and minimizing the extent of the variations needed to alleviate the hardship. 3. Prior to issuance of the building permit, the applicants shall revise the plans to show the following: a) Sanitary sewer service and invert elevation. b) Surface water from the low area to the west must drain at approximately the 890 elevation. This water must drain east of the proposed driveway, and then north to the lake. c) An emergency overflow designed to carry the 100 -year rain event must be created along the easterly property line to drain to the lake. Eighteen inches of freeboard is required between the lowest opening of adjacent buildings and the ground overflow elevation. d) A permit is required from the. Minnesota Department of Natural Resources for any work below the Ordinary High Water Elevation of 889.1 feet. 4. Any changes or expansions are subject to required reviews and approvals per Ordinance provisions. 5. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21030.06 of the Zoning Ordinance. ADOPTED by the City Council on July, 12, 2005. Page,7 Location Map - 2005046 Damien & Kristen Wolf 10610 South Shore Drive Request for Variance City of Plymouth, Minnesota Guiding C, Comerciai CC, City Center FM CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 LA -2, Living Area 2 N LA -3, Living Area 3 W r E LA -4, Living Area 4 LAR, Living Area Rural S P -I, Public/Semi-Public/Institutional 500 250 0 500 1,000 1,500 2,000 Feet Page 8 TOP OF SURFACE OF WATER=88/.8 r_• 9. K;/c' r0g7 04 Cc `r WOIrResidenceQjdQQ FROha`UN•OFF EROM ,V •f '•• •GEDTEXTILE UPHILL ON NEIGiBOq;S PJtOPER1Y • '%'- FABRIC ' 10610 S. 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'^aR•s `'\.. t I e tri Ve Page 9 CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING A ONE-YEAR EXTENSION OF THE VARIANCE APPROVALS FOR DAMIEN WOLF AND KRISTEN WOLF FOR PROPERTY LOCATED AT 10610 SOUTH SHORE DRIVE (2005046) WHEREAS, Damien Wolf and Kristen Wolf have requested an additional one-year extension of the variances granted for property legally described as Lot 5, Block 2, Medicine Lake Park First Division, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Damien Wolf and Kristen Wolf for a one-year extension of the approved variances for property located at 10610 South Shore Drive, subject to the following conditions: 1. A one-year extension to the development approvals is hereby granted subject to the conditions listed in Resolution 2005-261 approved on July 12, 2005, as previously extended administratively on August 2, 2006 and extended by the City Council on August 14, 2007. 2. The variance approvals shall now expire on July 12, 2009. ADOPTED by the City Council on July 22, 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 July 22, 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/RES/2005/2005046-Extend-2-VAR-Wolf-Res.doc Page 10 Agenda Number 04i! File 2008049 • `t PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Kip Berglund, Associate Planner (509-5451) through Barbara Senness, Planning Manager MEETING DATE: July 22, 2008 APPLICANT: Skyline Design, lnc. PROPOSAL: Variances for a front yard setback and impervious surface area coverage LOCATION: 1895 Juneau Lane North REVIEW DEADLINE: October 3, 2008 PROPOSED MOTION: Move to adopt the attached resolution approving the requested front yard setback and impervious surface area coverage variances, as recommended by the Planning Commission. Approval of a variance requires a 417 vote of the City Council. DESCRIPTION OF REQUEST: The applicant is requesting the following: A variance to allow a 17.1 foot front yard setback. where 25 feet is specified by the Zoning Ordinance. The variance would allow the applicant to construct a 14 -foot by 20 - foot room addition. Page f File 2008049 Page 2 A variance for impervious surface coverage. The Zoning Ordinance specifies a maximum impervious surface coverage of 25 percent for lots that are located in a shoreland overlay district. This lot is in the shoreland overlay district for Parkers Lake. The applicant is requesting a variance to allow an impervious surface coverage of 42.8 percent. The unit lot currently contains 39.9 percent impervious surface coverage. PLANNING COMMISSION ACTION: At their July 16, 2008 meeting, the Planning Commission unanimously recommended approval of this item on their consent agenda. Notice of the public meeting at the Planning Commission was mailed to all property owners within 200 feet. The notification area map is attached. The minutes of the meeting are attached. CONTEXT: Surrounding Land Use and Zoning Previous Actions Affecting Site Cimarron East was approved as a planned unit development (PUD) in 1978. Under the PUD zoning, any building addition that did not meet the development standards, including impervious surface area coverage, required a PUD amendment. In 1993, the City Council reviewed and approved a PUD amendment for a 3 -season porch. In 1994, the City Council reviewed and approved a blanket amendment to the PUD and Conditional Use Permit to allow the potential for addition of 3 -season porches on any property in the Cimarron East development. In 1'982, the City adopted the shoreland overlay district regulations, which included an impervious surface limit of 30 percent for all properties within a shoreland district. The City changed this standard to 25 percent in 1994. In 1996, the City updated the Zoning Ordinance for the entire city and repealed most of the existing PUDs, including the PUD for Cimarron East. The Cimarron East development was placed in the RSF-4 (Single and Two Family) zoning district. Since the rezoning of the subdivision, this is the fourth request for an impervious surface area coverage variance in the development. The City Council approved the previous three requests. 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 Page 2 Adjacent Land Use Guiding Zoning North, South, East & West Two family homes LA -2 RSF-4 Previous Actions Affecting Site Cimarron East was approved as a planned unit development (PUD) in 1978. Under the PUD zoning, any building addition that did not meet the development standards, including impervious surface area coverage, required a PUD amendment. In 1993, the City Council reviewed and approved a PUD amendment for a 3 -season porch. In 1994, the City Council reviewed and approved a blanket amendment to the PUD and Conditional Use Permit to allow the potential for addition of 3 -season porches on any property in the Cimarron East development. In 1'982, the City adopted the shoreland overlay district regulations, which included an impervious surface limit of 30 percent for all properties within a shoreland district. The City changed this standard to 25 percent in 1994. In 1996, the City updated the Zoning Ordinance for the entire city and repealed most of the existing PUDs, including the PUD for Cimarron East. The Cimarron East development was placed in the RSF-4 (Single and Two Family) zoning district. Since the rezoning of the subdivision, this is the fourth request for an impervious surface area coverage variance in the development. The City Council approved the previous three requests. 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 Page 2 File 2008049 Page 3 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: Variance for Front Yard Setback Section 21370.13 of the Zoning Ordinance requires a 25 -foot front yard setback to structure in the RSF-4 zoning district. The applicant is requesting a variance to allow the front (north) setback to be reduced to 17.1 feet to allow construction of a 14 -foot by 20 -foot addition (see attached site plan and floor plans). The subject property is a unlit lot with driveway access from Juneau Lane (east). The proposed addition would be 9.9 feet from the side unit lot line where 8 feet is required. However, due to the proximity of the base lot line, the proposed addition would encroach 7.9 feet into the required 25 -foot front yard setback. In order to decrease the front yard setback variance, the applicant has stated that the proposed size of the room addition was decreased and the proposed room addition was moved further West. Variance for Impervious Surface Coverage Section 21665.04, Subd. 4 of the Zoning Ordinance permits a maximum impervious surface area coverage of 25 percent in a shoreland district. Impervious surface is defined as any surface that is highly resistant to infiltration by water. It includes surfaces such as compacted sand or clay as well as most conventionally surfaced streets, driveways, roofs, sidewalks, stoops, tennis courts, swimming pools, parking lots, and other similar structures. The applicant is requesting approval of a shoreland variance to allow 42.8 percent impervious surface area coverage in the Parkers Lake Shoreland Management Overlay District. The 42.8 percent coverage is based on the area of the unit lot. The Zoning Ordinance defines unit lots as "lots created from the subdivision of a base lot for two family dwelling, townhouse, or manor dwelling having different minimum lot size requirements than the conventional base lots within the zoning district." A base lot is the cominon open space lot that surrounds the individual unit lots for an attached residential development. The subject property is an undersized unit lot totaling 4,930 square feet in size where the Zoning Ordinance stipulates a minimum of 6,000 square feet for a two-family unit lot in the RSF-4 zoning district. Given the size of the lot, the maximum square footage under the impervious surface limit of 25 percent is 1,232.5 square feet. There are currently 1,971 square feet (39.9 percent) of impervious surface coverage. The applicant is proposing to increase the impervious surface coverage to 2,111 square feet (42.8 percent). The applicant is proposing to constiuct a 280 square -foot (14 -foot by 20 -foot) room addition on the north side of the home, finished to match the existing exterior. The applicant would construct the addition over an existing 140 -square foot (10 -foot by 14 -foot) concrete patio. Consequently, the impervious surface on the lot would increase by 140 square feet, or roughly three percent. The applicant has stated that the proposed room addition would enable the Page 3 File 2008049 Page 4 homeowner to get more use out of a permanent room as opposed to the existing cement slab that can only be used seasonally. In the Cimarron East development, 94 of the 2.00 units fall within 1000 feet of Parkers Lake and are subject to the shoreland overlay district regulations. Staff attempted to identify the total impervious surface coverage for the portion of the development within the shoreland district by factoring in the common open space property. However, because impervious surface coverage was not restricted by the ordinance when this development was approved, there is insufficient information in the file to determine the total impervious coverage. Staff finds that substantial work and associated expense would be required for an overall certified survey for the development. Staff notes that the location of the common area between the units and Parkers Lake is a benefit in that runoff can infiltrate the ground in the common area, rather than all flow to County Road 6 and the storm sewer system and eventually to Parkers Lake. The applicant has stated that the subject units are modest in size ranging from 960 square feet to 1,500 square feet on one level. The proposed room additions are requested by the homeowners to improve the livability of the homes. However, the room additions are limited to a maximum of 300 square feet by the Cimarron East Homeowners Association. Based on the overall development size, each 150 square feet of impervious surface would increase the impervious surface area of the overall development by a minimal amount. Additionally, the overall added impervious surface for a room addition is typically reduced to half of the footprint because the room additions are either constructed over existing cement patios or the patios are removed and replaced with decks. FINDINGS; 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 The shape of the lot and the placement of the home towards the front of the lot limit the area in which an addition could be placed both aesthetically and architecturally. The creation of this lot predates the City's shoreland regulations. At the time the property was platted, the development was not required to comply with the impervious surface requirements. Consequently, the developers of the project established lot lines without regard to impervious surface coverage on the unit lots. The Cimarron East Homeowners Association (HOA) owns and maintains common property located between the homes and Parkers Lake. The HOA outlot provides a natural buffer to protect the lake by allowing runoff from the development to infiltrate the ground before reaching the lake. The natural buffer area also improves the quality and slows the rate of any runoff that does reach the lake, which helps improve water quality. Considering this area in the impervious surface calculation brings down the total for the development. Page 4 File 2008049 Page 5 Uniaue Circumstances The conditions of the requested variance are unique based upon the size and shape of the lot and the location of the unit lot. If the home were constructed further back on the lot there would be more room for the proposed room addition to meet the front yard setback to the base lot. Purpose of Variation The request is not based exclusively upon a desire to increase value or income potential of the property; but rather, the variance is requested to make improvements to the home to mane it more livable for the current occupant. Source of Hardship The home was built in 1978; the current owner purchased the home in 1995. The owner did not design the placement of the home on the lot and the current location limits the area for expansion. The creation of the lot predates the shoreland district requirements. Additionally, the shoreland regulations do not recognize the common open space areas of this development, which reduce the overall impervious surface coverage for the development. Minnesota case law has determined that a self-created hardship on its own is not a sufficient basis for a city to deny a variance. Neiehborhood Impact Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicant is proposing to finish the room addition with the same materials used on the exterior of the home. The addition would also comply with all other Zoning Ordinance requirements. The proposed addition would not impair an adequate supply of light or air to adjacent property, nor would it substantially increase congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. Minimum Action The requested variance appears to be the minimum action required to eliminate the hardship and to allow the homeowner to improve the livability of the home and to provide additional space. The applicant would remove an existing cement patio from the lot which would limit the amount of added impervious surface. CONCLUSION; Staff has concluded that the variance request meets all of the applicable standards. However, since this conclusion is based on standards that are open to some interpretation, the City Council could reasonably reach another conclusion on this application. Page 5 File 2008049 Page 6 RECOMMENDATION: Community Development Department staff recommends approval of the variances to allow the construction of a 14 -foot by 20 -foot addition for property located at 1895 Juneau Lane North, subject to the conditions listed in the attached resolution. 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 Approving Variances O:\PLANISTAFF]tEP1CC 2008h2008049-CC-SkN-line-Setback and Imp Surf-Vars.doc Page 6 Draft Planning Commission Minutes July 16, 2008 Page 2 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 18, 2008 PL ZINGCOMMISSION MINUTES MOTION by Commissioner Davis, seconded by Gmmissioncr Nelson, to approve the July 16, 2008 Planning Commission Minut55rXVote. 3 Ayes. MOTION approved. Commissioner Jaffoni abstained from votinv/ B. DAMIEN AND KRISTENXOLF (2005046) MOTION by Commission avis, seconded by Commissioner Nelson, to approve the extension of previously proved variances for a detached garage in the front yard and impervious surface erage for property located at 10610 South Shore Drive. Vote. 4 Ayes. MOTIO approved. C. SKYLINE DEVELOPMENT (2008049) MOTION by Commissioner Davis, seconded by Commissioner Nelson, to approve the request by Skyline Design to approve variances to front yard setback and impervious surface area coverage to allow construction of a room addition for property located at 1895 Juneau Lane N. Vote. 4 Ayes. MOTION approved. Page 7 ZO!Nn'G ORDN'ANCE N' AR1.-\- CE STANDARDS The Board and Zoning Administrator shall not approve any variance application major or minor) unless they find failure to grant the variance will result in undue hardship on the, applicant, and, as may be applicable, all of the following criteria have been met: That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 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. 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 the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. That the requested variance is the minimum action required to eliminat; the hardship. Section 31030 -Plymouth Zoning Ordinance rormsNariance SCandards.doc) Page 8 inefA94skyDesioti, ince BUILDERS MiJ REMQDELERS 7620 KALK ROAD - HAMEL, MINNESOTA 55340 May 28, 2008 PHONE: 763-420-3177 Dear Plymouth Planning Commission, I am requesting a variance to construct a room addition to Donn & Florence Boyer's townhouse located at 1895 Juneau Lane in the Cin arron East Addition. The property is located within the 1000 foot setback from Parkers Lake. We feel that this addition will not have any impact on the lake because of buffers that are built within the development. I had a preliminary meeting with the Planning Staff to review the original proposed 16x20 foot addition. It was mentioned that by moving the proposed addition 4 feet back and reducing the size from 16 feet wide to 14 feet wide we reduced the amount of hard cover (43.6% to 42.8%) and increased the side yard setback (14.61 ft, to 17.12 ft.). I have revised the plans to a 14x20 foot room addition and have provided a new survey to show these chanes. The requested variance is for a change from 39.9% to 42.8%Q impervious lot coverage to enable the homeowner to construct a room addition. We will be removing the 140 sq.ft. concrete patio and replacing it with a 280 sq.ft. room addition. The room addition will enable the homeowners to enjoy the views and they will also get more use out of the permanent room addition than a temporary screened porch. The permanent room addition will be constructed of materials similar to the existing structure with brick exterior to make it compatible. We have constructed numerous room additions in Cimarron East and some of them are also located within the 1000 foot setback from Parkers bake. Many of the room additions were constructed prior to the new ordinance going into effect, but they have not caused any problems for Parkers Lake. or the surrounding neighbors. The granting of the requested variance will not be detrimental to the public or improvements in the neighborhood. As mention above, there are a few of these room additions within Cimarron East already, and we have never been informed of any negative impacts that they have created in the neighborhood. The room additions are built to meet the standards of the Homeowner's Association. We try very hard to have these additions match as closely- as possible to the existing exteriors. The following are answers/comments to the standards outlined in Section 21030 of the Zoning Ordinance. numbers 1 - 7: This lot was created prior to the City's shoreland regulations, and was not required to comply with the impervious surface requirements. Cimarron East Homeowner's Association owns and maintains common grounds, and other outlots. 2. The uniqueness of this lot was that it was platted prior to the shoreland requirements. There is sufficient buffer areas in the development between the homes and the lake. 3. The purpose of the variance request is to make an improvement to the home for the homeowners to enjoy. 4. The hardship is caused the by Zoning Ordinance and that the lot predates the shoreland district requirements. 5. Granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicant is proposing to finish the room addition with the same brick that currently exists on the exterior of the home. 6. The requested variance will not impair adequate supply of light and air to adjacent property. will not increase traffic, will not increase the danger of fire or public safety, nor w -i11 it impair property values within the neighborhood. 7. The requested variance is the minimum action required to eliminate the hardship for this property. I would like to thank you in advance for your time and your consideration of this variance request. If you have any fidrther comments or questions, please feel free to contact me at (763) 370-4897 (cell) or (763) 420-3177 (home). Sincerely, Ron Splett Skyline Design. Inc. Page 10 Hard Cover Calculations Lot Size - 4930.3991 sq.ft. Existing. Building - 1295.64 Garage - 360.0 Sidewalk - 95.48 Driveway - 80.0 Conc. Patio - 140.0 1971.12 sq.ft. - 39.9% Proposed: Building - 1295.61 Garage - 360.0 Sidewalk - 95.48 Driveway - 80.0 Addition - 280.0 2111.12 - 42.8% Page 11 Location Map- 2008449 Legend Skyline Design, Inc. ffm C, Comercial cc, city centerBoyerAdditionF" Commercial Office 1895 Juneau Lane North IP, Planned Industrial Request for a Variance 0 LA-1, Living Area 1 0 LA-2, Living Area 2 LA-3, Living Area 3 LA-4, Living Area 4 City of LAR, Living Area Rural Plymouth, Minnesota P-i, Public/Semi-Public/institutional 500 250 a 500 1,000 FM mmmwmzmw- Feet Page 12 Lot rRPAerial Photograph- 2008049 City of Plymouth, Minnesota 100 50 0 100 200 mid Feet Page 13 Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 28-118-22-13 1_,:. a4: j51; t• _ - _ ' ye"'T a _ 149 -__ f\. 1_ f _ — i1 loo, 1 tri. 1 19= : C t77 n, 28-118-22-42 q ISi, 1.., 1'3) c+#, L_I'I p7- {T9: _a. r- i1C?F -:tel ik`'o IC.'31 is! Iii 491 V For more Wormabon contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 is.jnfo@co.hennepiin.mn.us Map Comments: Type Comments Here Ito? 111) P.) Print Date: 6/3/2008 Map Scale: V = 128' Buffer Size: 200 feet til Map Legend watdl Fall: pal C e I Buffei Ration S?lected Nhr(els a frialol Roads IhnolRoads 11 A t s i• HENNEPINsaa. r c= L TM l,,.> , ; dr Page 14 Lui'Iciinnj'73, 185 Juneau Lane I hereby certify that this is a true and correct representation of a survey cif the boundaries 107: Lot fit , Block 2, CIMAi RON FAST, Hennep-in County, 11-i nneso to And of the location of all buildings, if any, thereon, and all visible encroachments, If any, from or on said land. This survey is tmade only in C01- OCtierl With a MOF-tgage loan now being placedori the property and no liability is assumed excelat to the holder of such mortgage or any ether interest acquired by the reason of such Mortgage. It is understood and agreed no mnnUnnonts have been, pid-Ced for tile, purpose of establishing lot lines or boundary corners, As surveyedby rile this dray Ej'1 •.ct ` -? 912-. F)0— L- T1 II Thomas 5 . rdernrlui s Ir MCCONd BS-KNU`YSON ASSOCIATE'S, INC COUSIIKIING INGIHELOS 14 LAW SOIIVrYmS E3 SITE PEAHNrpiS r l'' i•.. rAVJIs•dEAPOIAS, IIUYCIIINSti.r!and hl6NSllaLt.. 1.117fNFSn1n Land Surveyor, Minn. Rea, No. 7 7 2 5 SCALT- ildORTGAGE SUM nnDK race fo I - 5T -36 FII_erra. `f,/i R11VOW 69A11'p/ 7/%. Page 15 20 10 D 10 20 40 SCALE IN FEET i 19N WOO MSN. 61 19TH AVEI4UE N. Qn„ ' (BITUMINOLiS) PROPOSED 86ADD7ION °' R P. EX. CONIC 1%.50 ' ` at 35.6 w4. 3 13.0 't ,,^. . Lu 11aSIDEWAI_;e,' ' III EXiS-nNG WOOD FRAME1STORYHOUSE 1895 JUNEAU LANEF'.F.E- 959-6 G•F•= 958.8 f S$5°30'00"E 111.06 fN 17.7 C' p 0 O p LR O C @ r N ' a Co J 0 10 LEGEND Fj DENOTES IRON MONUMENT 1 DENOTES EXISTING ELEVATION 000.0) DENOTES PROPOSED ELEVATION DENOTES DIRECTION OF SURFACE DRAINAGF NOTES NORTH 1.) EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK, HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. 2.) NO IRONS WERE FOUND. 3.) A TITLE OPINION WAS NOT FURNISHED TO THE SURVEYOR I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 67, BLOCK 2, CIMARRON EAST, ACCORDING TO THE RECORDED PLAT THEREOF,HENNEPIN COUNTY, MINNESOTA AND THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE. ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. AS SURVEYED BY ME TRIS 31ST DAY OF MARCH, 2008 II ;, I •, Gary R. Gennond Licensed Land Surveyor, Minn, Lic. Na- 24784 REVISION nry nuniw nnn b W Z zolz z U. o UI w o oC LL, Lliq O wl w U a Lu a 0 L U L!? DRAWICHCCK 1MLJ GRG I DATE 03-28-08 BOOK) PAGE 165149 JOBNO. 8583-p12 pWG NAME c., us. o" 17.7 I i i i Z y Co J 0 10 LEGEND Fj DENOTES IRON MONUMENT 1 DENOTES EXISTING ELEVATION 000.0) DENOTES PROPOSED ELEVATION DENOTES DIRECTION OF SURFACE DRAINAGF NOTES NORTH 1.) EXISTING UTILITIES SHOWN ARE SHOWN IN AN APPROXIMATE WAY ONLY THE CONTRACTOR SHALL DETERMINE THE EXACT LOCATION OF ANY AND ALL EXISTING UTILITIES BEFORE COMMENCING WORK, HE AGREES TO BE FULLY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. 2.) NO IRONS WERE FOUND. 3.) A TITLE OPINION WAS NOT FURNISHED TO THE SURVEYOR I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF: LOT 67, BLOCK 2, CIMARRON EAST, ACCORDING TO THE RECORDED PLAT THEREOF,HENNEPIN COUNTY, MINNESOTA AND THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE. ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. AS SURVEYED BY ME TRIS 31ST DAY OF MARCH, 2008 II ;, I •, Gary R. Gennond Licensed Land Surveyor, Minn, Lic. Na- 24784 REVISION nry nuniw nnn b W Z zolz z U. o UI w o oC LL, Lliq O wl w U a Lu a 0 L U L!? DRAWICHCCK 1MLJ GRG I DATE 03-28-08 BOOK) PAGE 165149 JOBNO. 8583-p12 pWG NAME c., us. o" v zi Lo ti NORTH 7 p: R ]TiFll:j~ FI it I LL nd r10 100 Ij oI I FL EAST 4 IT lie C4 1110.411 i . Y L,,/' -• 20•-0" 4'x5' 4'x5' Remove existing brick Remove existing window - Remove existing patio door install shelf for pass-thru window 4 lb. S. 4oa u o T 7 Y L CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING VARIANCES TO FRONT YARD SETBACK AND IMPERVIOUS SURFACE AREA COVERAGE TO ALLOW CONSTRUCTION OF A HOME ADDITION BY SKYLINE DESIGN, INC. FOR PROPERTY LOCATED AT 1895 JUNEAU LANE NORTH (2008049) WHEREAS, an application has been filed by Skyline Design, Inc. which requests approval of a setback and shoreland variance to permit construction of a home addition for property legally described as follows: Lot 61, Block 2, Cimarron East, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Skyline Design, Inc. for a setback and shoreland variance to permit construction of a home addition for property located at 1895 Juneau Lane North, subject to the following conditions: 1. This resolution approves variances to allow a front yard setback of 17.1 feet to the base lot line and 42.8 percent impervious surface area coverage where 25 percent coverage is perntitted, in accordance with the plans and application received by the City on June b, 2008 and additional information on June 9, 2008, except as amended by this resolution. 2. The 14 -foot by 20 -foot addition shall be finished to match the existing home. 3. The setback and shoreland variances are approved with the finding that the applicable variance standards are met. Specifically: Page 21 Resolution 2008- 2008049) Page 2 a. The shape of the lot and the placement of the home towards the front of the lot limit the area in which an addition could be placed both aesthetically and architecturally. The creation of this Iot predates the City's shoreland regulations. At the time the property was platted, the development was not required to comply with the impervious surface requirements. Consequently, the developers of the project established lot lines without regard to impervious surface coverage on the unit lots. b. The conditions of the requested variance are unique based upon the size and shape of the lot and the location of the unit lot. If the home were constructed further back on the lot there would be more room for the proposed room addition to meet the front yard setback to the base lot. The request is not based exclusively upon a desire to increase value or income potential of the property; but rather, the variance is requested to make improvements to the home to make it more livable for the current occupant. d. The home was built in 1978; the current owner purchased the home in 1995. The owner did not design the placement of the home on the lot. The creation of the lot predates the shoreland district requirements. Additionally, the shoreland regulations do not recognize the common open space areas of this development, which reduce the overall impervious surface coverage for the development. Minnesota case law has determined that a self-created hardship on its own is not a sufficient basis for a city to deny a variance. Granting the variance would not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. The applicant is proposing to finish the room addition with the same materials used on the exterior of the home. The addition would also comply with all other Zoning Ordinance requirements. f. The proposed addition would not impair an adequate supply of light or air to adjacent property, nor would it substantially increase congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. g. The requested variance appears to be the minimum action required to eliminate the hardship and to allow the homeowner to improve the livability of the home and to provide additional space. The applicant would remove an existing cement patio from the lot which would limit the amount of added impervious surface. 4. A building permit for the addition shall be obtained prior to construction. 5. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Page 22 Resolution 2008- 2008049) 008( 2008049) Page 3 6. This approval shall expire one year after the date of approval... unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21030.06 of the Zoning Ordinance. Adopted by the City Council on July 22, 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 July 22, 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 23 Agenda Number: 6.05 CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: JpBarbara Cox, Administrative Services Manager THROUGH: Michael S.Goldstein, Chief of Police/ _-- SUBJECT: RESOL UTION A UTHORIZING TkI2008 DEER MANAGEMENT PROGRAM DATE: July 9, 2008 for the July 22, 2008 City Council meeting 1. ACTION REQUESTED: The City Council adopt the resolution authorizing the Deer Management Program for 2008. 2. BACKGROUND: The City continues to experience problems with the overpopulation of deer. In an effort to address this problem the City has participated in the metro bow hunt in the Northwest corner of the City every fall since 1992. This has been determined by the DNR to be an effective method of population control. The Northwest corner of the City is the only area with large enough lots of property to allow safe bow hunting. The City Ordinance states that each year, on or before August 1 st, the City Manager shall determine and report to the Council if the public safety and conservation interests justify allowing a bow deer hunting season for the up coming season. The City Council will then make a determination whether the City is authorized to issue permits for the up coming season. We are still experiencing the problem of small deer herds causing damage in areas of the City outside the designated hunt area. The City continues to obtain a special permit to trap deer in an attempt to address this problem. We have been successful in the past with this project also and would like to continue that program, which is administered with special conditions that are listed below. 3. ALTERNATIVES: The alternative is not to participate in the program this year. 4. DISCUSSION: The Police Department believes the hunts in the past several years have been successful in assisting with the control of the deer population. Information obtained back in 1993, from Larry Gillette with Hennepin County, is that a city the size of Plymouth, with our make-up, should have a herd population of 200 or less. With more development in the City, that recommended herd size would go down. Information we have received from the DNR is that they recommend us staying with the program, as even sitting out one year could set back the progress that has taken several years to obtain. Our program has been one of the least controversial and most successful in the metro areas. Page 1 Attached is the report on the 2007 bow hunting results within the community, the aerial deer survey and the deer vs. motor vehicle accident report. Along with participating in the metro bow hunt, we would like to continue the trapping program under the following conditions: All residents in the effected area would be notified of the problem, request for trapping and agree to be in support of the project.. The Park Superintendent would survey the area and determine if trapping could be safely done. The Park Superintendent would work with the DNR to assure compliance with their special permit. 5. BUDGET IMPACT: There is no budget impact. Permits would be $10 each to cover costs. 6.' RECOMMENDATION: The Police Department recommends the Council adopt the resolution authorizing the Deer Management Program for 2008 to include participation in the metro, deer bow hunt and special trapping as outlined above. Page 2 MEMO PLYMOUTH POLICE DEPARTMENT 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447-1482 DATE: February 6, 2008 TO: Chief Mike Goldstein and Mark Peterson FROM Captain Scott Webb SUBJECT: 2007 Plymouth Bow Hunt Results In 2007 we issued 37 bow hunting permits with 28 deer taken. I had to revoke the permits of Ken and Curtis Nagel a few weeks into the season. They had been hunting the old Hampton Hills Golf Course property and had obtained the permission of the old owner of the property who no longer had the authorized right to grant them permission to hunt the property. I had received a tip on this information. Prior to them getting their stands out of the woods someone stole them. Ken Nagel called and accused me of stealing his stands. I had 3 permit holders fail to report their results even after I left them messages to do so, they were Julie Wenner, John Wenner and Tyler Wenner. The following are the results for the past 4 bow hunting seasons for comparative purposes: 2007 BOW HUNTING RESULTS 2006 BOW HUNTING RESULTS Adult Male 6 Adult Male 3 Adult Female 19 Adult Female 14 Male Fawn 2 Male Fawn 1 Female Fawn 1 Female Fawn 1 TOTAL 28 TOTAL 19 2005 BOW HUNTING RESULTS 2004 BOW HUNTING RESULTS Adult Male 9 Adult Male 8 Adult Female 11 Adult Female 20 Male Fawn 2 Male Fawn 4 Female Fawn 2 Female Fawn 0 TOTAL 24 TOTAL 32 Page 3 CITY OF PLYMOUTH AERIAL DEER SURVEYS YEAR OF DEER 1984 195 1988 255 1991 261 1992 477 1993 478 1994 361 1996 320 1997 258 1998 180 1999 174 2000 211 20-01 322 2003 273 2004 351 2005 292 2007 240 2008 248 no surveys in 2002 or 2006 Page 4 OF DEER 600 500 400 300 200 100 0 cb K c§) O O o,"! o K opo o'` o`b o1 o0 ON o2) OIK no surveys in 2002 or 2006 Page 5 1 Page 6 CITY OF PLYMOUTH DEER VS MOTOR VEHICLE ACCIDENTS YEAR TOTAL chg 1986 140 0% 1987 140 0% 1988 1.39 1% 1989 131 6% 1990 127 3% 1991 115 9% 1992 134 17% 1993 79 41% 1994 92 16% 1995 90 2% 1996 82 9% 1997 73 11% 1998 86 18% 1999 72 16% 2000 58 19% 2001 55 5% 2002 49 11% 2003 47 4% 2004 68 45% 2005 56 18% 2006 41 27% 2007 28 32 1 Page 6 CITY OF PLYMOUTH RESOLUTION NO. 2008 - RESOLUTION AUTHORIZING THE 2008 DEER MANAGEMENT PROGRAM WHEREAS, local deer management experts have suggested that the deer herd population in the City of Plymouth be limited to 200 or less; and WHEREAS, the current population is higher than the recommended level; and WHEREAS, the Deer Management Program's metro bow hunt and trapping practices have offered success. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, the City Council adopt the resolution authorizing the 2008 Deer Management Program. Adopted by the City Council on Page 7 Agenda Number g; File A-615 V *06 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT T0: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Joshua Doty, Planner (509-5453) through Barbara Senness, Planning Manager MEETING DATE: July 22, 2008 APPLICANT: Robert Etem PROPOSAL: Revise and Replace final plat resolution for Ferndale North LOCATION: 315 Alvarado Lane PROPOSED MOTION: Move to adopt the attached resolution revising and replacing Resolution 76-258, which approved the final plat and development contract for Ferndale North. The amendment would add a condition prohibiting direct driveway access from Ferndale Road to the property Iocated at 315 Alvarado Lane. Approval of a resolution revising and replacing a resolution requires a 4/7 vote of the City Council. DESCRIPTION AND ANALYSIS: Robert Etem, the homeowner at 315 Alvarado Lane, has requested an amendment to Resolution 96-258 which approved the final plat for Ferndale North. Mr. Etem owns and resides in a single- family home in Ferndale North. His lot has street frontages on two sides. The front of the home including main entrance, garage, and driveway) faces south toward Alvarado Lane, which is a short cul-de-sac street that provides access to the property. The street along the west frontage of the lot is Ferndale Road, which is a minor collector roadway on the western boarder of the City Page 1 File A-615 Page 2 of Plymouth. Mr_ Etern is requesting the amendment in order to prohibit direct driveway access from his lot to Ferndale Road. The prohibition of direct driveway access would allow the yard area abutting Ferndale Road to be designated as an "equivalent yard" instead of a front yard, which would allow the applicant to place a 10 -foot by 12 -foot shed in this area of the yard. The applicant poured a foundation for the shed without knowing that a shed could not be placed in this location because it is considered a front yard by the Zoning Ordinance. A building permit is not required for the shed because it is 120 square feet. However, Section 21120.01 of the Zoning Ordinance does not allow accessory buildings in front yards. The City became aware of the applicant's foundation when the applicant visited the City to inquire about other building regulations. The homeowner states that he considers the area behind his home to be his rear yard, if the amendment is approved, Mr. Etem would be allowed to place a shed in the location where the foundation was poured. An equivalent yard is defined by the Zoning Ordinance as follows: Yarn, Equivalent: The open area on through and corner lots, which may be required and/or permitted as an alternative to a required rear or side yard between the principal building and an abutting arterial, major collector, or other public street where access has been prohibited. As an equivalent yard, that portion of the lot abutting Ferndale Road would be treated as a side yard with respect to shed regulations. The Zoning Ordinance allows sheds and other accessory structures in side and rear yards. The accessory building would meet the city's setback regulations. FINDINGS: Staff supports this amendment because a majority of the applicant's lot is considered front yard, which is somewhat unusual. In addition there is a steep grade that separates the applicant's property from Ferndale Road, which would not allow driveway access to Ferndale Road from the property. RECOMMENDATION: Community Development Department staff recommends approval of the attached resolution revising and replacing Resolution 76-258 for Ferndale Forth. Page 2 File A-615 Page 3 ATTACHMENTS: 1. Applicant's Narrative 2. Location Map 3. Aerial Photograph 4. Applicant's Survey 5. Resolution 97-621 6. Resolution Amending 97-621 O:\PLAN\STAFFRHP\CC\2008\200:TLAMSTAFFRERCCIA-615 Amend Res Eters Equivelenl Yard CC.dac Page 3 To Plymouth City Council, 3400 Plymouth Blvd. Plymouth, MN 55447 Concerning Lot 2, Block 1 Ferndale North. We request an amendment to the Development Contract Ferndale North to deny access to Ferndale Road from this property. Your approval would be most appreciated. Sincerely, Robert R. Etem, owner 315 Alvarado Lane Plymouth, MN. 55447 763-473-8088 Virginia L. Etem, owner,d 315 Alvarado Lane / Plymouth, MN. 55447 763-473-8088, Encl. Page 4 i ..... ..... r. . . + . . . . . . . . . . . . . . . . . . : Z .. f_ 4 . . . . . . . . . . .. . .... . . J . . . . . . . . . . C._........................,.. y,... LL ....... .....j Location Map- A-615 Robert Etem Requet for a Resolution Amendment for the Ferndale North Final Plat City of Plymouth, Minnesota Legend C, Comercial LM CC, City Center CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LAR, Living Area Rural P -I, Public/Semi-Publicllnstitutional 260 130 0 260 520 780 Page Feet Aerial Photograph - A615 up of Plymouth, Minnesota 150 75 0 150 300 450 Page 6 Tn Feet w J Q D Z w LL 2t EAST 5 I —32_ I CoG-G2-- --"954-1 DRa,IYSAC, E l EG.SEMENT CPI 120 i CP L.1TIl_ITY E QRAINAGE `- i 0 I lI a O I 16 T_ i 1b d 4% A 47 5 X3.5 04 PL3ovoSED In qmh I a 455 11%2.9 4 a S r 1 4.`- ----------- R e. Y 6 S2, J2o (INV. Q R r0 '35<F.Co E v ( P _ V Iltlll ti ll l;lll'1 4lliltiGt fll llt ll l1{I',1'I 1C 1'I4:4iju A 4 / a S_- 111922320004 ins Y- 9r,3-2 d 73 O Denotes Iron Monument Q! IDenotesWoodStake XOOO.d Denotes Existing Elevation Proposed Top of Foundation Elevation = 000.0) Denotes Proposed Elevation Proposed Garage Floor Elevation = 4— Denotes Direction of Surface Drainage Proposed Lowest Floor Elevation = I hereby certify that this is a true and correct representation of a survey of the boundaries of: Lot 2, Block 1, FFRNOALE NORTH, Hennepin County, Minnesota 0.1 2 And of the location of all buildings, if any, thereon, and all visible encroachments, if any, from or on said land. It also shows the locaton of the stakes asst for a proposed building. As surveye by me this 2 3 r d day of May 19_Z.... 1 Thomas S. Bergquist Land Surveyor. Minn. Reg. No. 7725 e. iv1cCOMBS-KNUTSON ASSOCIATES, INC. CONSUL11NU ENGINEERS LANG SURVEYORS SIIE PLANNERS MINNEAPOLIS, HUICHINSON and MARSHALL. MINNESOTA 1 50' 4 I 141 FILE NO. 4233 1 CERTIFICATE OF SURVEY for BRUCE C0N`!-)T. Page 7 0 CITY OF Pl-Yi',OUTH 10 Pursuarf, to due call and notice thereof, a ^re ;L?ar _ meeting Of the City Council of .th# City of Plymouth, l;innesota was held on the t14 17th day of May , 1976 . The following members were present: Mayor Hilde, Councilmen Runt, Neils, Seibold and Spaeth The follo:iincd members w2re absent, ----none- Councilman none i Councilman Hunt introduced the following Eu -solution and roved its adoption: RESOLUTION -76-258 5) APPROVING FINAL PLAT AND DEVELOPMENT CONTRACT FOR "FER14DALE NORTI!" AMENDEDILI (A-615) w EPEAS, by Resolution 76•-208 the City Council approved a Final Plat and Development nds M1 Cuntract for Ferndale North; ID, WHEREAS, Lundgren Bros. Construction, Inc. has requested an amendment to said action involving redesign i-nd disposition of Outlot A of said final plat; NCW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, INNESOTA that it should and hereby does approve the amendments to the final plat and development contract of "Ferndale North" dated flay 17, 1976. the notion for the adoption of the foregoing Resolution was duly seconded by Councilman Seibold and u on vote Neing toren thereon, the following voted in favor thereof: Councilmen Hunt, Neils, Seibold The following voted against or abstained:Mayor Hilde; Not Present: Councilman Spaeth. Whereupon the Resolution uras declared duly passed and adopted. t tf Page 8 CITY OF PLYMOUTH RESOLUTION 2008 - REVISING AND REPLACING RESOLUTION 76-258 APPROVING AN AMENDED FINAL PLAT AND DEVELOPMENT CONTRACT FOR FERNDALE NORTH (A-615) WHEREAS, by Resolution 76-208 the City Council approved a Final Plat and Development Contract for Ferndale North; WHEREAS, by Resolution 76-258 the City Council approved an amended Final Plat and Development Contract for Ferndale North involving redesign and disposition of Outlot A of said Plat; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the Final Plat and Development Contract for Ferndale North dated May 17, 1976. 1. Private drive access shall be restricted from the lot at 315 Alvarado Lane (Lot 2, Block 1, Ferndale North) to Ferndale Road. ADOPTED by the City Council on July 22, 2008. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS, Page 9 Resolution 2008 - File No. A-615 Page 2 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 July 22, 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 10 Agenda Number:; 6.07 TO: Laurie Ahrens, City Manager FROM: Eric Blank, Director of Parks and Recreation DATE: July 16, 2008, for Council Meeting of July 22, 2008 SUBJECT: Approval of Agreement for Construction Management Services with RJM Construction for the West Medicine Lake Park Building ACTION REQUESTED: The City Council shall approve the attached resolution approving the agreement between the City of Plymouth and RJM Construction for the provision of construction management services on the West Medicine Lake Park building project, and further authorize the City Manager and Mayor to sign contracts with RJM Construction for said project. BACKGROUND: Recently, the City Council authorized the preparation of plans and specifications for the construction of a park building at West Medicine Lake Park. The initial cost estimates on the project included costs associated with construction fees for the general construction of the park building. After discussing this project with City staff and the architects, we feel that it is appropriate to use a construction manager rather than a general contractor. We believe this will allow us to fix our fees on this work and create greater cost savings. Contracting with RJM brings on a proven contractor with the ability to deliver a project on time and within budget. RJM has worked with the City on both the Hilde Performance Center and the expansion of the third sheet of ice, performing well on both projects. By providing construction management services they will also provide good project cost accounting and alleviate some work for City staff. The attached AIA contract has been modified and approved by the City Attorney. The construction manager will be responsible for taking all of the building elements out for sealed bid. All of the sealed bids will be opened at the same time and assembled to be presented to the City Council so that a total project budget is known at the date of the award of bids. The construction manager will also be responsible for negotiating all cost change orders as they arise throughout the project. BUDGET: The contract calls for a lump sum base fee for overhead cost of $58,892 or 2.5% of the estimated project cost. The standard fee that a contractor would charge for this work is 4% of the project cost. As fixed in the contract, RJM will bill the City on an hourly rate with a not to exceed charge of $82,326 for all direct costs associated with this construction project. All costs for the construction management services will be charged to the project budget. Page 1 RECOMMENDATION: Staff recommends the Mayor and Council authorize the Mayor and City Manager to sign contracts with RJM Construction to provide construction management services for the construction of the West Medicine Lake park building. EB/mm Page 2 f_ Document B801" CMa - 1992 Standard Form of Agreement Between Owner and Construction Manager where the Construction Manager is NOT a Constructor AGREEMENT made as of the 10th day of Juin the year of Two Thousand and Eight In words, indicate day, month and year) BETWEEN the Owner: Name and address) City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 and the Construction Manager: Name and address) RJM Construction 5455 Highway 169 Plymouth, MN 55442 for the following Project: Include detailed description of Project, location, address and scope.) West Medicine Lake Park Pavillion The Architect is: Name and address) Hagen, Christensen & McIlwain Architects 212 Third Avenue North, Suite 350 Minneapolis, MN 55401 The Owner and Construction Manager agree as set forth below. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is intended to be used in conjunction with the 1992 editions of AIA Documents 8141/CMa, A101/CMa and A201 /CMa. AIA Document 8801 TMCMa —1992. Copyright© 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578868 " Page 3 ARTICLE 1 CONSTRUCTION MANAGER'S RESPONSIBILITIES 1.1 CONSTRUCTION MANAGER'S SERVICES 1.1.1 The Construction Manager's services consist of those services performed by the Construction Manager, Construction Manager's employees and Construction Manager's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 14. 1.1.2 The Construction Manager's services shall be provided in conjunction with the services of an Architect as described in the edition of AIA Document B 141 /CMa, Standard Form of Agreement Between Owner and Architect, Construction Manager -Adviser Edition, current as of the date of this Agreement. 1.1.3 The Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this Agreement in an expeditious and economical manner consistent with the interests of the Owner. 1.1.4 The services covered by this Agreement are subject to the time limitations contained in Section 13.5.1. ARTICLE 2 SCOPE OF CONSTRUCTION MANAGER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Construction Manager's Basic Services consist of those described in Sections 2.2 and 2.3 and any other services identified in Article 14 as part of Basic Services. 2.2 PRE -CONSTRUCTION PHASE 2.2.1 The Construction Manager shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. 2.2.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements, each in terms of the other. 2.2.3 Based on early schematic designs and other design criteria prepared by the Architect, the Construction Manager shall prepare preliminary estimates of Construction Cost for program requirements using area, volume or similar conceptual estimating techniques. The Construction Manager shall provide cost evaluations of alternative materials and systems. 2.2.4 The Construction Manager shall expeditiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and equipment, and methods of Project delivery. The Construction Manager shall provide recommendations on relative feasibility of construction methods, availability of materials and labor, time requirements for procurement, installation and construction, and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, and possible economies. 2.2.5 The Construction Manager shall prepare and periodically update a Project Schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the preliminary project schedule relating to the performance of the Architect's services. In the Project Schedule, the Construction Manager shall coordinate and integrate the Construction Manager's services, the Architect's services and the Owner's responsibilities with anticipated construction schedules, highlighting critical and long -lead-time items. 2.2.6 As the Architect progress with the preparation of the Schematic, Design Development and Construction Documents, the Construction Manager shall prepare and update, at appropriate intervals agreed to by the Owner, Construction Manager and Architect, estimates of Construction Cost of increasing detail and refinement. The estimated cost of each Contract shall be indicated with supporting detail. Such estimates shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall advise the Owner and Architect if it appears that the Construction Cost may exceed the latest approved Project budget and make recommendations for corrective action. 2.2.7 The Construction Manager shall consult with the Owner and Architect regarding the Construction Documents and make recommendations whenever design details adversely affect constructability, cost or schedules. AIA Document 8801 TMCMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 2 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (1157886 Page 4 2.2.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding the assignment of responsibilities for temporary Project facilities and equipment, materials and services for common use of the Contractors. The Construction Manager shall verify that such requirements and assignment of responsibilities are included in the proposed Contract Documents. 2.2.9 The Construction Manager shall provide recommendations and information to the Owner regarding the allocation of responsibilities for safety programs among the Contractors. 2.2.10 The Construction Manager shall advise on the division of the Project into individual Contracts for various categories of Work, including the method to be used for selecting Contractors and awarding Contracts. If multiple Contracts are to be awarded, the Construction Manager shall review the Construction Documents and make recommendations as required to provide that (1) the Work of the Contractors is coordinated, (2) all requirements for the Project have been assigned to the appropriate Contract, (3) the likelihood of jurisdictional disputes has been minimized, and (4) proper coordination has been provided for phased construction. 2.2.11 The Construction Manager shall prepare a Project construction schedule providing for the components of the Work, including phasing of construction, times of commencement and completion required of each Contractor, ordering and delivery of products requiring long lead time, and the occupancy requirements of the Owner. The Construction Manager shall provide the current Project construction schedule for each set of bidding documents. 2.2.12 The Construction Manager shall expedite and coordinate the ordering and delivery of materials requiring long lead time. 2.2.13 The Construction Manager shall assist the Owner in selecting, retaining and coordinating the professional services of surveyors, special consultants and testing laboratories required for the Project. 2.2.14 The Construction Manager shall provide an analysis of the types and quantities of labor required for the Project and review the availability of appropriate categories of labor required for critical phases. The Construction Manager shall make recommendations for actions designed to minimize adverse effects of labor shortages. 2.2.15 The Construction Manager shall assist the Owner in obtaining information regarding applicable requirements for equal employment opportunity programs for inclusion in the Contract Documents. 2.2.16 Following the Owner's approval of the Construction Documents, the Construction Manager shall update and submit the latest estimate of Construction Cost and the Project construction schedule for the Architect's review and the Owner's approval. 2.2.17 The Construction Manager shall submit the list of prospective bidders for the Architect's review and the Owner's approval. 2.2.18 The Construction Manager shall develop bidders' interest in the Project and establish bidding schedules. The Construction Manager, with the assistance of the Architect, shall issue bidding documents to bidders and conduct prebid conferences with prospective bidders. The Construction Manager shall assist the Architect with regard to questions from bidders and with the issuance of addenda. 2.2.19 The Construction Manager shall receive bids, prepare bid analyses and make recommendations to the Owner for the Owner's award of Contracts or rejection of bids. 2.2.20 The Construction Manager shall assist the Owner in preparing Construction Contracts and advise the Owner on the acceptability of Subcontractors and material suppliers proposed by Contractors. 2.2.21 The Construction Manager shall assist the Owner in obtaining building permits and special permits for permanent improvements, except for permits required to be obtained directly by the various Contractors. The Construction Manager shall verify that the Owner has paid applicable fees and assessments. The Construction Manager shall assist the Owner and Architect in connection with the Owner's responsibility for filing documents required for the approvals of governmental authorities having jurisdiction over the Project. AIA Document B801 TMCMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® nit. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 3 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578 ---- 2.3 CONSTRUCTION PHASE -ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.3.1 The Construction Phase will commence with the award of the initial Construction Contract or purchase order and, together with the Construction Manager's obligation to provide Basic Services under this Agreement, will end 30 days after final payment to all Contractors is due. 2.3.2 The Construction Manager shall provide administration of the Contracts for Construction in cooperation with the Architect as set forth below and in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this ^ it-. Bement with amendments aDDroved by the Owner. 2.3.3 The Construction Manager shall provide administrative, management and related services to coordinate scheduled activities and responsibilities of the Contractors with each other and with those of the Construction Manager, the Owner and the Architect to endeavor to manage the Project in accordance with the latest approved estimate of Construction Cost, the Project Schedule and the Contract Documents. 2.3.4 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures, progress and scheduling. The Construction Manager shall prepare and promptly distribute minutes to the Owner, Architect and Contractors. 2.3.5 Utilizing the Construction Schedules provided by the Contractors, the Construction Manager shall update the Project construction schedule incorporating the activities of the Contractors on the Project, including activity sequences and durations, allocation of labor and materials, processing of Shop Drawings, Product Data and Samples, and delivery of products requiring long lead time and procurement. The Project construction schedule shall include the Owner's occupancy requirements showing portions of the Project having occupancy priority. The Construction Manager shall update and reissue the Project construction schedule as required to show current conditions. If an update indicates that the previously approved Project construction schedule may not be met, the Construction Manager shall recommend corrective action to the Owner and Architect. 2.3.6 Consistent with the various bidding documents, and utilizing information from the Contractors, the Construction Manager shall coordinate the sequence of construction and assignment of space in areas where the Contractors are performing Work. 2.3.7 The Construction Manager shall endeavor to obtain satisfactory performance from each of the Contractors. The Construction Manager shall recommend courses of action to the Owner when requirements of a Contract are not being fulfilled. 2.3.8 The Construction Manager shall monitor the approved estimate of Construction Cost. The Construction Manager shall show actual costs for activities in progress and estimates for uncompleted tasks by way of comparison with such approved estimate. 2.3.9 The Construction Manager shall develop cash flow reports and forecasts for the Project and advise the Owner and Architect as to variances between actual and budgeted or estimated costs. 2.3.10 The Construction Manager shall maintain accounting records on authorized Work performed under unit costs, additional Work performed on the basis of actual costs of labor and materials, and other Work requiring accounting records. 2.3.11 The Construction Manager shall develop and implement procedures for the review and processing of applications by Contractors for progress and final payments. 2.3.11.1 Based on the Construction Manager's observations and evaluations of each Contractor's Application for Payment, the Construction Manager shall review and certify the amounts due the respective Contractors. 2.3.11.2 The Construction Manager shall prepare a Project Application for Payment based on the Contractors' Certificates for Payment. AIA Document B801 TMCMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 4 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578£, Page 6 2.3.11.3 The Construction Manager's certification for payment shall constitute a representation to the Owner, based on the Construction Manager's determinations at the site as provided in Section 2.3.13 and on the data comprising the Contractors' Applications for Payment, that, to the best of the Construction Manager's knowledge, information and belief, the Work has progressed to the point indicated and the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to completion and to specific qualifications expressed by the Construction Manager. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. 2.3.11.4 The issuance of a Certificate for Payment shall not be a representation that the Construction Manager has 1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences for the Contractor's own Work, or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.3.12 The Construction Manager shall review the safety programs developed by each of the Contractors for purposes of coordinating the safety programs with those of the other Contractors. The Construction Manager's responsibilities for coordination of safety programs shall not extend to direct control over or charge of the acts or omissions of the Contractors, Subcontractors, agents or employees of the Contractors or Subcontractors, or any other persons performing portions of the Work and not directly employed by the Construction Manager. 2.3.13 The Construction Manager shall determine in general that the Work of each Contractor is being performed in accordance with the requirements of the Contract Documents, endeavoring to guard the Owner against defects and deficiencies in the Work. As appropriate, the Construction Manager shall have authority, upon written authorization from the Owner, to require additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. The Construction Manager, in consultation with the Architect, may reject Work which does not conform to the requirements of the Contract Documents. 2.3.14 The Construction Manager shall schedule and coordinate the sequence of construction in accordance with the Contract Documents and the latest approved Project construction schedule. 2.3.15 With respect to each Contractor's own Work, the Construction Manager shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of each of the Contractors, since these are solely the Contractor's responsibility under the Contract for Construction. The Construction Manager shall not be responsible for a Contractor's failure to carry out the Work in accordance with the respective Contract Documents. The Construction Manager shall not have control over or charge of acts or omissions of the Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the Work not directly employed by the Construction Manager. 2.3.16 The Construction Manager shall transmit to the Architect requests for interpretations of the meaning and intent of the Drawings and Specifications, and assist in the resolution of questions that may arise. 2.3.17 The Construction Manager shall review requests for changes, assist in negotiating Contractors' proposals, submit recommendations to the Architect and Owner, and, if they are accepted, prepare Change Orders and Construction Change Directives which incorporate the Architect's modifications to the Documents. 2.3.18 The Construction Manager shall assist the Architect in the review, evaluation and documentation of Claims. 2.3.19 The Construction Manager shall receive certificates of insurance from the Contractors and forward them to the Owner with a copy to the Architect. 2.3.20 In collaboration with the Architect, the Construction Manager shall establish and implement procedures for expediting the processing and approval of Shop Drawings, Product Data, Samples and other submittals. The AIA Document B801 TMCMa —1992. Copyright © 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No. 1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (1157887— Page 7 Construction Manager shall review all Shop Drawings, Product Data, Samples and other submittals from the Contractors. The Construction Manager shall coordinate submittals with information contained in related documents and transmit to the Architect those which have been approved by the Construction Manager. The Construction Manager's actions shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner or Contractors. 2.3.21 The Construction Manager shall record the progress of the Project. The Construction Manager shall submit written progress reports to the Owner and Architect including information on each Contractor and each Contractor's Work, as well as the entire Project, showing percentages of completion. The Construction Manager shall keep a daily log containing a record of weather, each Contractor's Work on the site, number of workers, identification of equipment, Work accomplished, problems encountered, and other similar relevant data as the Owner may require. 2.3.22 The Construction Manager shall maintain at the Project site for the Owner one record copy of all Contracts, Drawings, Specifications, addenda, Change Orders and other Modifications, in good order and marked currently to record changes and selections made during construction, and in addition, approved Shop Drawings, Product Data, Samples and similar required submittals. The Construction Manager shall maintain records, in duplicate, of principal building layout lines, elevations of the bottom of footings, floor levels and key site elevations certified by a qualified surveyor or professional engineer. The Construction Manager shall make all such records available to the Architect and upon completion of the Project shall deliver them to the Owner. 2.3.23 The Construction Manager shall arrange for the delivery, storage, protection and security of Owner - purchased materials, systems and equipment that are a part of the Project until such items are incorporated into the Project. 2.3.24 With the Architect and the Owner's maintenance personnel, the Construction Manager shall observe the Contractors' final testing and start-up of utilities, operational systems and equipment. 2.3.25 When the Construction Manager considers each Contractor's Work or a designated portion thereof substantially complete, the Construction Manager shall, jointly with the Contractor, prepare for the Architect a list of incomplete or unsatisfactory items and a schedule for their completion. The Construction Manager shall assist the Architect in conducting inspections to determine whether the Work or designated portion thereof is substantially complete. 2.3.26 The Construction Manager shall coordinate the correction and completion of the Work. Following issuance of a Certificate of Substantial Completion of the Work or a designated portion thereof, the Construction Manager shall evaluate the completion of the Work of the Contractors and make recommendations to the Architect when Work is ready for final inspection. The Construction Manager shall assist the Architect in conducting final inspections. 2.3.27 The Construction Manager shall secure and transmit to the Architect warranties and similar submittals required by the Contract Documents for delivery to the Owner and deliver all keys, manuals, record drawings and maintenance stocks to the Owner. The Construction Manager shall forward to the Architect a final Project Application for Payment upon compliance with the requirements of the Contract Documents. 2.3.28 Duties, responsibilities and limitations of authority of the Construction Manager as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Construction Manager, Architect and Contractors. Consent shall not be unreasonably withheld. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 14, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The Optional Additional Services described under Section 3.3 shall only be provided if authorized or confirmed in writing by the Owner. if serwiees deseFibed undeF Contingent the Owner- pfiar- to eemmeneing sueh ser-viees. if the QwaeF deems that sueh ser-yiees deser-ibed under- Seetion 3.2 are flat required, the Owner- b AIA Document B801TMCMa —1992. Copyright© 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 6portionofit, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (1151 Page 8 wfitin that all or- the Genstfueden ef shall haveaContingentrequired,a no a The Construction Manager will only do such services if approved in writing in advance by the City. 3.2 CONTINGENT ADDITIONAL SERVICES 3.2.1 Providing services required because of significant changes in the Project including, but not limited to, changes in size, quality, complexity or the Owner's schedule. 3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.2.3 Providing services made necessary by the termination or default of the Architect or a Contractor, by major defects or deficiencies in the Work of a Contractor, or by failure of performance of either the Owner or Contractor under a Contract for Construction. 3.2.5 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Construction Manager is party thereto. 3.3 OPTIONAL ADDITIONAL SERVICES 3.3.1 Providing services relative to future facilities, systems and equipment. 3.3.2 Providing services to investigate existing conditions or facilities or to provide measured drawings thereof. 3.3.3 Providing services to verify the accuracy of drawings or other information furnished by the Owner. 3.3.4 Providing services required for or in connection with the Owner's selection, procurement or installation of furniture, furnishings and related equipment. 3.3.5 Providing services for tenant improvements. 3.3.6 Providing any other services not otherwise included in this Agreement. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information regarding requirements for the Project, including a program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems, and site requirements. 4.2 The Owner shall establish and update an overall budget for the Project based on consultation with the Construction Manager and Architect, which shall include the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. ll,AeeF's obligations under- this A gree. eat 4.4 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the Construction Manager in order to avoid unreasonable delay in the orderly and sequential progress of the Construction Manager's services. 4.5 The Owner shall retain an architect whose services, duties and responsibilities are described in the edition of AIA Document B141/Cma, Standard Form of Agreement Between Owner and Architect, Construction Manager - Adviser Edition, current as of the date of this Agreement. The Terms and Conditions of the Agreement Between the Owner and Architect shall be furnished to the Construction Manager and shall not be modified without written AIA Document 8801 TMCMa —1992. Copyright @1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 7 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11 5788 Page 9 consent of the Construction Manager, which consent shall not be unreasonably withheld. The Construction Manager shall not be responsible for actions taken by the Architect. 4.6 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.7 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verify the Contractors' Applications for Payment or to ascertain how or for what purposes the Contractors have used the money paid by or on behalf of the Owner. 4.8 The Owner shall furnish the Construction Manager with a sufficient quantity of Construction Documents. 4.9 The services, information and reports required by Sections 4.5 through 4.8 shall be furnished at the Owner's expense, and the Construction Manager shall be entitled to rely upon the accuracy and completeness thereof. 4.10 Prompt written notice shall be given by the Owner to the Construction Manager and Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 The Owner reserves the right to perform construction and operations related to the Project with the Owner's own forces, and to award contracts in connection with the Project which are not part of the Construction Manager's responsibilities under this Agreement. The Construction Manager shall notify the Owner if any such independent action will interfere with the Construction Manager's ability to perform the Construction Manager's responsibilities under this Agreement. When performing construction or operations related to the Project, the Owner agrees to be subject to the same obligations and to have the same rights as the Contractors. 4.12 Information or services under the Owner's control shall be furnished by the Owner with reasonable promptness to avoid delay in the orderly progress of the Construction Manager's services and the progress of the Work. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractors' overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. Except as provided in Section 5.1.3, Construction Cost shall also include the compensation of the Construction Manager and Construction Manager's consultants. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. If any portion of the Construction Manager's compensation is based upon a percentage of Construction Cost, then Construction Cost, for the purpose of determining such portion, shall not include the compensation of the Construction Manager or Construction Manager's consultants. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Construction Manager represent the Construction Manager's best judgment as a person or entity familiar with the construction industry. It is recognized, however, that neither the Construction Manager nor the Owner has control over the cost of labor, materials or equipment, over Contractors' methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Construction Manager cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project AIA Document B801 T"CMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAInit. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 8 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (1157M Page 10 budget proposed, established or approved by the Owner, or from any cost estimate or evaluation prepared by the Construction Manager. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Construction Manager shall be permitted to include contingencies for design, bidding and price escalation, and shall consult with the Architect to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to suggest reasonable adjustments in the scope of the Project, and to suggest inclusion of alternate bids in the Construction Documents to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of any increase in the Contract Sums occurring after execution of the Contracts for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after submittal of the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Section 5.2.3) is exceeded by the sum of the lowest bona fide bids or negotiated proposals plus the Construction Manager's estimate of other elements of Construction Cost for the Project, the Owner shall: 1 give written approval of an increase in such fixed limit; 2 authorize rebidding or renegotiating of the Project within a reasonable time; 3 if the Project is abandoned, terminate in accordance with Section 9.3; or 4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Section 5.2.4.4, the Construction Manager, without additional charge, shall cooperate with the Owner and Architect as necessary to bring the Construction Cost within the fixed limit, if established as a condition of this Agreement. ARTICLE 6 CONSTRUCTION SUPPORT ACTIVITIES 6.1 Construction support activities, if provided by the Construction Manager, shall be governed by separate contractual agreements unless otherwise provided in Article 14. 6.2 Reimbursable expenses listed in Article 14 for construction support activities may be subject to trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment which shall accrue to the Owner, and the Construction Manager shall make provisions so that they can be secured. ARTICLE 7 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 7.1 The Drawings, Specifications and other documents prepared by the Architect are instruments of the Architect's service through which the Work to be executed by the Contractors is described. The Construction Manager may retain one record set. The Construction Manager shall not own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect, and unless otherwise indicated the Architect shall be deemed the author of them and will retain all common law, statutory and other reserved rights, in addition to the copyright. All copies of them, except the Construction Manager's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Project. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Construction Manager, are for use solely with respect to this Project. They are not to be used by the Construction Manager on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner and Architect. The Construction Manager is granted a limited license to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect appropriate to and for use in the performance of the Construction Manager's services under this Agreement. All copies made under this license shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's copyright or other reserved rights. The Owner, not the Architect is the owner of the documents, AIA Document B801 TMCMa —1992. Copyright @1973,1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIAInit. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 9 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11 578{ Page 11 ARTICLE 8 ARBITRATION 8.1 Claims, disputes or ather mattefs in question between the part4es te this Agreement this Agreement of bfeaeh themef shall be subjeet to a -ad deeided by ar-bitr-a iea in aeeer-danee with the Gensa-uetien agree th. fwise§ 8.2 Demand for- ar-bitfatien shall be filed in w-Fitifig with the other- paFty to this Agr-eefneflt and with the Ameriean Arbit.-atien Asseeiation. A demand for- arbitration shall be made within a masefiable time after- the elaim, dispute e-r other- fnaaer- in questien has arisen. in ne event sha4l the demand f -@F ar-bitFatieR be made aflef the date when h., the applieable statutes of limit.,tions b other- manner-, an additional pefsen er- entity Fiet a party to this Agfeemefit, exeept by v Tiaen consent eentaining speeifie r-efer-enee to this b r-eefnent signed by the Owner-, Genstmetiien Manager-, and aft), ethef peEsen or- entitysaubhttobejoined. Geasent to ar-bitFatien invelying an additiena4 per -sen E)r- entity shall not eenstAute e0nsefit to b b b aeeer-danee with .. ..1 cable law i any ..-t ha-ving ; ur-isdietion then_ e 4 The award r-eader-ed by the ar-bk,-ater- or- ar-bitFateFs shall be final, and judgment may be efitered upen it in aeeer-danee with ....plieable law ; any eaf4 h.,,.;. g ; isdi.tien theme£ ARTICLE 9 TERMINATION, SUSPENSION OR ABANDONMENT 9.1 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Construction Manager shall be compensated for services performed prior to notice of such suspension. Whefi the o.,.:.et is .es..-,,,,, t"n NlanageF's eempensation sha4l be equitably adjusted te pr-evide far- expenses ineuFfed in t b' 9.3 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Construction Manager in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days, the Construction Manager may terminate this Agreement by giving written notice. 9.4 Failure of the Owner to make payments to the Construction Manager in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 9.5 If the Owner fails to make payment when due the Construction Manager for services and expenses, the Construction Manager may, upon seven days' written notice to the Owner, suspend performance of services under this Agreement. Unless payment in full is received by the Construction Manager within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the Construction Manager shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension of services. AIA Document B801 TMCMa —1992. Copyright © 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA7Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (1157{ Page 12 9.6 In the event of termination not the fault of the Construction Manager, the Construction Manager shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due a*-aa1-1 T-efminatien Expenses as defined in Seetion 9.7. is ..t otherwise .,ted ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 Unless otherwise provided, this Agreement shall be governed by the law of the place where the Project is located. 10.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this Agreement. 10.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Project Certificate for Payment for acts or failures to act occurring after Substantial Completion. 10.4 Waivers of Subrogation. The Owner and Construction Manager waive all rights against each other and against the Contractors, Architect, consultants, agents and employees of any of them, for damages, but only to the extent covered by property insurance during construction, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201/CMa, General Conditions of the Contract for Construction, Construction Manager -Adviser Edition, current as of the date of this Agreement. The Owner and Construction Manager each shall require similar waivers from their Contractors, Architect, consultants, agents, and persons or entities awarded separate contracts administered under the Owner's own forces. 10.5 The Owner and Construction Manager, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Construction Manager shall assign this Agreement without the written consent of the other. 10.6 This Agreement represents the entire and integrated agreement between the Owner and Construction Manager and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. 10.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Construction Manager. 10.8 Unless otherwise provided in this Agreement, the Construction Manager and the Construction Manager's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. ARTICLE 11 INSURANCE 11.1 CONSTRUCTION MANAGER'S LIABILITY INSURANCE 11.1.1 The Construction Manager shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located such insurance as will protect the Construction Manager from claims set forth below which may arise out of or result from the Construction Manager's operations under this Agreement and for which the Construction Manager may be legally liable. 1 claims under workers compensation, disability benefit and other similar employee benefit acts which are applicable to the operations to be performed; Init. AIA Document 8801 TMCMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 11 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578E Page 13 2 claims for damages because of bodily injury, occupational sickness or disease, or death of the Construction Manager's employees; 3 claims for damages because of bodily injury, sickness or disease, or death of any person other than the Construction Manager's employees; 4 claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Construction Manager, or (2) by another person; 5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 6 claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle. 11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability specified in Article 14 or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of operations under this Agreement until date of final payment and termination of any coverage required to be maintained after final payment. The Owner shall be named as additional insured on the insurance required by Article 11.1.1. ARTICLE 12 PAYMENTS TO THE CONSTRUCTION MANAGER 12.1 DIRECT PERSONNEL EXPENSE 12.1.1 Direct Personnel Expense is defined as the direct salaries of the Construction Manager's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 12.2 REIMBURSABLE EXPENSES 12.2.1 Reimbursable Expense are in addition to compensation for Basic and Additional Services and include expenses incurred by the Construction Manager and Construction Manager's employees and consultants in the interest of the Project, as identified in the following Clauses. 12.2.1.1 Expense of transportation in connection with the Project, expenses in connection with authorized out-of- town travel; long distanee eemmunieatiens; Land fees paid for securing approval of authorities having jurisdiction over the Project. 12.2.1.2 Expense of a , Dfawings, Speeif eatioand other a^ rte express deliveries, 12.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. a 12.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 12.3.1 An initial payment as set forth in Section 13.1 is the minimum payment under this Agreement. 12.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Section 13.2.1. Init. AIA Document 6801 TMCMa —1992. Copyright © 1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No. 1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578. Page 14 4 2.3.4 Wh ft is based en a peFeentage ef Geastfuetion Cost and any portions of the Projeet afe deleted ef athee-vivise ;;Ae reenstrueted, eempensation fer- these per-tions of the Pr-ejeet shaR be payable te the extefit peizfeffned en these pefti4efis, in aeeefdanee with Seetien 13.2.1, based On (1) the lowest befia fide bids of the Pfejee4m. 12.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES 12.4.1 Payments on account of the Construction Manager's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Construction Manager's statement of services rendered or expenses incurred. 12.5 PAYMENTS WITHHELD 12.5.1 No deductions shall be made from the Construction Manager's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in Work other than those for which the Construction Manager has been found to be liable. 12.6 CONSTRUCTION MANAGER'S ACCOUNTING RECORDS 12.6.1 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 13 BASIS OF COMPENSATION The Owner shall compensate the Construction Manager as follows: 13.1 AN INITIAL PAYMENT of Zero ($ Q_) shall be made upon execution of this Agreement and credited to the owner's account at final payment. 13.2 BASIC COMPENSATION 13.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article 14 as part of Basic Services, Basic Compensation shall be computed as follows: For Pre -Construction Phase Services: Insert basis of compensation, including stipulated sums, multiples or percentages.) 25% of the Base Fee For Construction Phase Services: Insert basis of compensation, including stipulated sums, multiples or percentages.) The base fee shall be a lump sum of $58,892.00 (2.5%) which includes all services except those in Article 6. 13.3 COMPENSATION FOR ADDITIONAL SERVICES 13.3.1 FOR ADDITIONAL SERVICES OF THE CONSTRUCTION MANAGER, as described in Article 3, and any other services included in Article 14 as Additional Services, compensation shall be computed as follows: Insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Billable Labor shall be at the following rates for actual time expended not to exceed $82,326.00 Superintendent — 866 hours @ $75.90 per hour General Superintendent — 100 hours @ $82.90 per hour General Laborer — 128 hours @ $64.90 per hour 13.4 REIMBURSABLE EXPENSES 13.4.1 FOR REIMBURSABLE EXPENSES, as described in Section 12.2, and any other items included in Article 14 as Reimbursable Expenses, a multiple of ( ) times the expenses incurred by the Construction Manager and the Construction Manager's employees and consultants in the interest of the Project. AIA Document 8801 TMCMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 13 portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578£ Page 15 13.5 ADDITIONAL PROVISIONS 13.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( ) months of the date hereof, through no fault of the Construction Manager, extension of the Construction Manager's services beyond that time shall be compensated as provided in Sections 12.3.3 and 13.3.1. 13.5.2 Payments are due and payable ( ) days from the date of the Construction Manager's invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. Insert rate of interest agreed upon.) per annum Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Construction Manager's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 13.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Construction Manager. ARTICLE 14 OTHER CONDITIONS OR SERVICES Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) 14.1 LIMITS ON INSURANCE The insurance required by Article 11 shall be written for not less than the following limits, or greater if required by law: Insert the specific dollar amounts for the appropriate insurance limits of liability.) The Construction Manager shall not commence work under this contract until he has obtained all insurance required under this section and shall have filed the Certificate of Insurance with the Owner. Certificates of Insurance shall be submitted on ACORD 25 form and shall specifically note the clause providing for 30 day written notice to the Owner of intent to cancel. This clause shall read as follows: Should any of the above described policies be cancelled before the expiration thereof, the issuing company mail 30 days written notice to the certificate holder named to the left." The Citv shall be named as additional insured. Minimum Limits — General Liability 1. Bodily Injury $2,000,000 each occurrence or aggregate 2. Property Damage $2,000,000 each occurrence or aggregate Minimum Limits — Automobile Liability 1. Bodily Injury $2,000,000 each occurrence or aggregate 2. Property Damage $2,000,000 each occurrence or aggregate Worker's Compensation - Statuator Type of insurance Limit of liability ($ 0.00) 0.00 AIA Document B801 TMCMa —1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 14 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No. 1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (11578£ Page 16 14.2 Refer to Exhibit A for rates of reimbursable expenses for construction activities, estimated to be $8,075.00. This Agreement entered into as of the day and year first written above. OWNER Signature) Printed name and title) CONSTRUCTION MANAGER Signature) Robert J. Jossart, President RJM Construction Printed name and title) AIA Document 8801 TMCMa — 1992. Copyright ©1973, 1980 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Init. Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 15 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:42:52 on 07/15/2008 under Order No.1000335477_1 which expires on 1/15/2009, and is not for resale. User Notes: (111 Page 17 CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING CONTRACT WITH RJM CONSTRUCTION SERVICES WHEREAS, the City Attorney has reviewed and recommended the approval of a document for construction services for a West Medicine Lake building and WHEREAS, the Director of Parks and Recreation has negotiated said contract for the construction of the West Medicine Lake building and WHEREAS, The City Council for the City of Plymouth, Minnesota has reviewed said standard form of agreement between the owner and construction manager and found it to be acceptable NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL for the CITY OF PLYMOUTH, MINNESOTA that the construction management agreement between RJM Constriction and the City of Plymouth is HEREBY APPROVED and FURTHER that the Mayor and City Manager are authorized the sign said contracts on the City's behalf. Adopted by the City Council on Page 18 Agenda Number:, 6.08 DATE: July 11, 2008 for the City Council Meeting of July 22, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: James Renneberg, P.E., Assistant City Engineer SUBJECT: APPROVE PLANS AND SPECIFICATIONS FIRE STATION NO. 1 PARKING LOT RECONSTRUCTION CITY PROJECT NO. 8110 ACTION REQUESTED: Make a motion to adopt the attached resolution approving plans and specifications and ordering advertisement for bids for the above referenced proj ect. BACKGROUND: The Fire Station No. 1 Parking Lot Reconstruction project involves reconstructing the parking lot at Fire Station No.l, located at the intersection of County Road 6 and 16"' Avenue. This project includes removing the bituminous surface, replacing the subgrade material with sand and rebuilding the crushed rock and bituminous layers in the area where the fire trucks will be entering and exiting the fire station. hi the other areas of the parking lot, only crushed rock and the bituminous layers will be installed due to lighter vehicles. Also included with this project is replacing any concrete curb and gutter, sidewalks or aprons that are cracked, heaved or settled. In addition, the west side of the parking lot currently has a sharp corner that does not allow large trucks to snake this turn. This portion of the parking lot will be. reconfigured with a larger turning radius, which will allow larger trucks to utilize. During the time of construction, the contractor will coordinate the project to maintain fire truck access at all times. In addition, fast curing concrete will be installed at the driveway apron locations to minimize any difficulties trucks may have entering or existing the fire station. j Page 1 Page 2 City Project 8110 BUDGET IMPACT: This project is included in the 2008 Capital Improvement Program for a total project cost of $110,000. At this time, the total estimated project cost is 145,000 including 15% for contingencies, design, administration and inspection, and will be financed out of the Facilities Management Fund. The estimate is approximately 32% higher due to more concrete items than expected that are in need of replacement and the increase costs in oil. 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 August 27, 2008. attachments: Map Resolution 0:\Engineering\PROJECTS\2000 - MOM] 10\Memos\ApproveP&S_3110_Memo.doc Page 2 1 _ CO Fire Station #7 INDUSTRIAL PARK BLVDw_ _ Location Map z AV. X w 0j[ I WATE2T011VER"" 2 J Fire --Station #1 CO -RD - O6 i 16TH AVE Q COUj W Q W X U - ( nIWI m 12-TH AVE w CITY OF PLYMOUTH RESOLUTION NO. 2008 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FIRE STATION NO. 1 PARKING LOT RECONSTRUCTION CITY PROJECT NO. 8110 WHEREAS, plans and specifications have been prepared by the City's Engineering Staff, for the Fire Station No. 1 Parking Lot Reconstruction Project in the City of Plymouth and said plans and specifications have been presented to the Council for approval; and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is on file in the City Engineer's office and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the snaking 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 August 27, 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 Engineer and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Adopted by the City Council on July 22, 2008. 0:\Engineering\PROJECTS\2000 - 2009\8110\Reso1\ApprovePRS_8110_Res.doc Page 4 Agenda No. 6.09 DATE: July 14, 2008 for the City Council Meeting of July 22, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Dave Taylor, Senior Engineering Technician SUBJECT: APPROVE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2008 MINOR DRAINAGE IMPROVEMENT PROJECTS CITY PROJECT NO. 8113 ACTION REQUESTED: Make a motion to adopt the attached resolution approving plans and specifications and order advertisement for bids for two sites within the 2008 Minor Drainage Improvement Projects, City Project No. 8113. BACKGROUND: Staff has prepared plans and specifications to address serious erosion concerns on two sites, located in the Chelsea Woods and Mission View neighborhoods. The two areas include the Chelsea Woods Condominiums near 181h Ave. N. and Zanzibar LN N., and the Mission View subdivision located near 41St Ave. N. and Goldenrod LN N. Each area has been experiencing significant erosion over the past several years. Runoff from storm water continues to follow historic pathways, but with increased volume and velocity, resulting in erosion. Because these drainage ways are experiencing higher water velocities, erosion continues to threaten the integrity of stream banks and adjacent property. Lately, concern has been heightened by the depth of the erosion, which has exposed larger areas and also threatens foundations at the Chelsea Woods location. The primary work in.the Chelsea Woods area is realignment of the drainage way back into its original easement area. The City has been working closely with the Chelsea Woods Home - Owners Association (HOA) and has helped that organization disseminate further information. On July 2, 2008 staff met at the Chelsea Woods site with area residents. Two small, triangular easements need to be granted to the City of Plymouth by the Chelsea Woods HOA, to accommodate minor pipe design adjustments. At the time of construction we will have the necessary easements or a right -of -entry to allow this project to proceed on time. The Mission View 'subdivision work focuses on combining two, poorly functioning ponds into a single, larger pond that will better control storage of storm runoff and improve the 0:\Engineering\PR0JECTS\2000 - 2009\8113\Memos\CC_minor_proj_app_plans_bids_625.doc Page MINOR DRAINAGE IMPROVEMENT PROJECT Page 2 drainage upstream. Coincidentally, staff completed a separate upstream drainage project several years ago. Recently, we have sent advisory letters to those Mission View residents who are immediately around the proposed pond work. Staff has also met with one area resident to review the project. No additional easements are needed for the Mission View site. Currently, staff anticipates a bid opening to be scheduled for August 15, 2008 and to award a contract on August 26, 2008. Construction would begin in the fall of 2008. BUDGET IMPACT: The total cost of the recommended work at the Chelsea Woods and Mission View .sites are estimated to be $150,000, including engineering and administration. The 2008-2012 CIP (08 -WR -007) includes $200,000 total costs for the 2008 Minor Drainage Improvement Project costs including planning, design and construction. All funds are designated from the Water Resources Fund. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving the plans and specifications for the Chelsea. Woods and Mission View projects, and order advertisement for bids for this portion of the 2008 Minor Drainage Improvement Project, City Project No. 8113. attachments: Maps (2) Construction Drawings dated June 2008 Resolution 0AEngineeringTROJECTS\2000-2009\6113\Memos\CC_minor_proj_app_plans_bids_625.doc Page 2 wicuivvo Chelsea Woods Project Location Mission View Project Location Page 3 CITY OF PLYMOUTH RESOLUTION NO. 2008 - APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS 2008 MINOR DRAINAGE IMPROVEMENT PROJECT CITY PROJECT NO. 8113 WHEREAS, plans and specifications have been prepared by the City's Engineering Staff, for the 2008 Minor Drainage Improvement Project in the City of Plymouth and said plans and specifications have been presented to the Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is on file in the City Engineer's office and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the malting 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 August 15, 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 Engineer and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Adopted by the City Council on July 22, 2008 0:\Engineering\PROJECTS\2000 - 2009\8113\Resol\minor_proj_res_approve_plans_and_specs_bid.doc Page 4 Agenda Number: 6. -10 DATE: July 10, 2008 for the City Council Meeting of July 22, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Daniel K. Campbellkior Engineering Technician SUBJECT: FINAL PAYMENT 2008 CRACK REPAIR PROGRAM CITY PROJECT NO. 8120E ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 2 and final for the 2008 Crack Repair Program. BACKGROUND: Attached you will find request for Payment No. 2 and final for the 2008 Crack Repair Program. The original contract amount for this project was $124,344 and the final contract amount is $124,344. The final quantities for this project are based upon the actual amount of crack repair material placed on City streets. BUDGET IMPACTS: $125,000 for crack sealing is included in the 2008 Public Works, Street Maintenance Fund Budget. RECOMMENDATIONS AND CONCLUSIONS: I recoirnnend that the City Council adopt the attached resolution approving final payment for the 2008 Crack Repair Program, City Project No. 8120E, in the amount of $6,217.20. attachment: Map Resolution 0AEngineering\PROJECTS\2000 - 2009\8120E\Memos\CC_Fina]Pay_8120E.doc Page 1 2008 CRACK REPAIR PROGRAM W City Project No. 8120E W Z °a W O m r p Waa a s ( o m o oaa ° Fm A. mg mFZ yOy QqWa^ umlFm ryZ. wQ Zzj a/F120°mm zmHWH0" rZO, uyHUm OON a aa.] O pOH Wa' oo4Z1>80 Q OOH Y aj X03 ONS ow ( qQj u ZUaj W a aayQFyQaUa°a'Y yQrZr57 4000 W aaQ3£ruZo40 ooa°a'4'f.Z1fmluta= gQoacxiazrZW, zzsa,°{Z w'a'wazy uZ( mm9 y0aruzz Y'auQa az jg °a amuaj F.a V aZa'O Za'a a=y yUa3j0FulmdWpZS .7 r t-ix l9 W W o U m Q N N% 3> m F u1 C d y O Z S r7 G 7 H= j W t£u p U m N N x 3 O F N m d w O Z .7 x 7 t>i x W t>u m U m Q N% 3 0 F N C d d O y E .Q.G H000000000000000 ... 000....... 000000000000000 O O O O o o 000 O OOOOoo00o000000000000000000000000000000000000OOo000000000000000000000000000000000000 .1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0rlmmm0mmmmmOmmlmmpNN.iOmm1^mVl ct'1N.iOmml mmPt N.O mmrmN mmnmmmmmhmmvNNr10mm1 mNvrvlN.iO mm m,nvNN,-O mmr m,nHNN.iwN.iNH.i.imNNHN.riHHHNNNHH.iNN.iN NH.mi.iNNNHHHNNN.-HNNNNN %.iN NfIti NNNN.N-N NN.itiH.NiN NNtiNHNNN, y000OOOOOOOmmmmm 60TH AVE. 55TH AVE. 9 BOTH AVE. rcN.i 3 45TH AVE. 40TH AVE. S J 35TH AVE. Y 3 A d 30TH AVE. J S 4 25TH AVE. h e4 20TH AVE. Y o 15TH AVE. y 33 10TH AVE. u STH AVE. vyi4 RIDGEMOUNT AVE. `` 44 Np 41 C L `rt7 13 4 45TH 40TH 35TH 30TH 25TH 20TH 15TH 10TH 1 Y rrYYYrrYrYrrYrrrYYYrrYYYYYYYYYYrYYYYYYYYYYYYYYrrYYYYYYYYYrYYYYYYYYYYYrYYYYrYYYYrYYYYYYYYYYYYmmmmmmmmmmmJJJJJJJJJJmmmmmmmmmmllUUUNNNNNWaapipain.nymaWWWWWWWWWWNNNNNNNNNNYYYYYYYYrY0000000000mmmmmOmmJmNnWNYOmmJmNioWNYOmmJminiWNYOmmJmNWNYOmmJmNmWNrOmmJmNgoWNYOmmJmUaWNY'OmmJmm p WN r OmmJmNaWNYOmmJm U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0OOOOOOOOOOOOOOOO O++ O y O O O O Ory O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O OmP tq'"' La 77mmmppq Of9 o7x Jt L'ly Oy 8m Cf m7NKS xx <CHm pqA mOZ3 gE+N .- yx L1^y m Of1m7NK X£<C{ 7H1N wo Tye°. H4 <.ONm0 m7Np%g y<OHym mpro0 Z3['RHO<OOxOGomO mZOK mrHOm[^y K yHOz3 d zmmNAznY 7?z['IW m>10 n zro m>zn.Zi cOimmT mzm `.EZ(1 T iO W LZ- O [09PmH OdxXi"i LF- r'O Z7M R 4F1 [r9 xH'zCIYNZ7wo yy++ Z <110 [ pm m N Z RmdxN Z.Q'yyy z g- M, v', yg yZO Z H W LI O N £ x Z ' O OZ Z y 7 A Z Z n po O W O ti O C1 C 7 A A m m p P 3 0 0 0 00 m 0 0£ S 0 7 0 x O t<i [m9 0 0 0 7£ m y m Z N m a 1n Z N L3 mZgmm=t 7 E T. mW 0 0 0£Z 00 'Z zpP Op m N £ m HA rib 2008 Crack Repair E City of sEngineering DerPlymouth, Minnesota February 2( Page 2 CITY OF PLYMOUTH RESOLUTION NO. 2008 - REQUEST FOR PAYMENT NO. 2 AND FINAL 2008 CRACK REPAIR PROGRAM CITY PROJECT NO. 8120E WHEREAS, the City of Plymouth as owner and Precision Sealcoating, h -1c., as contractor, have entered into an agreement for the 2008 Crack Repair Program, said agreement being dated May 14, 2008; and WHEREAS, the Engineer has certified his acceptance of the work and his approval of the final request for payment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $124,344, and the value of the work to date is $124,344 and is herewith approved. 2. That the work performed by the contractor for the 2008 Crack Repair Program and certified to the Council by the engineer as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 2 and Final in the amount of $6,217.20 to Precision Sealcoating, Inc. for the 2008 Crack. Repair Program, City Project No. 8120E, is hereby approved and the Director of Administrative Services is hereby authorized and directed to pay the same forthwith. Adopted by the City Council on July 22, 2008. 0:\Enginec6ng\PR0JECTS\2000 - 2009\8120E\Reso1\Pay2_Fna1_8120E.doc Page 3 6.11 CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: July 7, 2005 for the City Council Meeting of July 22, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Kevin Springob, Water Resources Technician SUBJECT: TERMINATION OF WATER QUALITY POND MAINTENANCE AGREEMENT FOR GRAMERCY PARK COOPERATIVE (95030) ACTION REQUESTED: Make a motion to adopt the attached resolution tenninating water quality pond maintenance agreement for Gramercy Park Cooperative (95030) development. BACKGROUND: Water quality ponds constructed in the City since 1991, have been subject to a pond maintenance agreement between the City and property owners. The purpose of the agreement has been to ensure long tern maintenance of water quality ponds. On March 5, 2005, the Council adopted the Plymouth Pond Maintenance Policy that requires the City to take over responsibility for pond maintenance if petitioned by affected property owners. According to the Pond Maintenance Policy, the first step of the process to terminate a water quality pond agreement is to determine the eligibility of petitioners. Petitioners must be listed or obligated by the pond maintenance agreement. Once eligibility is established, City staff determines that adequate drainage easements and access exist for the pond to allow for future maintenance activities. Petitions are considered incomplete until both the easement and access issues are resolved. Then, staff prepares a report for the Council to consider termination of the water quality pond maintenance agreement. Staff also notifies the other property owners listed in each agreement that a petition has been submitted at least 10 days prior to the City Council meeting at which the petition will be considered. Staff has determined that all requirements of the Pond Maintenance Policy have been met for the City Council to adopt a resolution terminating the pond maintenance agreement for the Gramercy Park Cooperative (98030) development. Notice has been sent to the parties subject to the agreements at least 10 days before this Council meeting. O: L•nwne ng U"iRRFSRC Pond %lanuenence'_0m 1480,CC dis he.doc Page BUDGET IMPACT: The budget impact was considered when the Pond Maintenance Policy was developed. This pond has been inspected and no work is required at this time. RECOMMENDATIONS AND CONCLUSIONS: Make a motion to adopt the attached resolutions ten-ninating water quality pond maintenance agreement for the; Gramercy Park Cooperative development. attachments: Map Resolution O: Chine mjz N%TRRESRC Pond tilwntcncncc'fi05 9400 CC dusohc d, . Page Gramercy Park Plymouth termination of water quality pond maintenance agreement for ponds): Pond Maintenance Inventory Natural Basin NURP Pond Gramercy Park Plymouth 12344 - NU41 City of Plymouth Pond Maintenance Inventory and Geographic Information System (GIS). City of Plymouth Engineering Department. Last modified October 2, 2006. i- Page 3 CITY OF PLYMOUTH RESOLUTION NO. 2008 - TERMINATION OF WATER QUALITY POND MAINTENANCE AGREEMENT FOR GRAMERCY PARK COOPERATIVE (98030) WHEREAS, a petition has been received from Gramercy Park Cooperative to terminate the Agreement Regarding Water Quality Treatment Pond dated March 10. 1998 recorded on April 17. 1998 as Document No. 301 OSO3 in the office of Registrar of Titles for Hennepin County and: WHEREAS, the petition has gone through the review process established by the Plymouth Pond Maintenance Policy; and; WHEREAS, the Engineering Department has deterinined that the petition is eligible and meets all the necessary requirements of the Plyinouth Pond Maintenance Policy; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the petition to terminate the water quality pond maintenance agreement for Gramercy Parr Cooperative (9SO30) is granted. The water quality treatment pond agreement for Gramercy Palk Cooperative (48030) is terminated. ADOPTED by the City Council on July 22. 2008 0:.Engineeringo-WUREW PonLiMaintenence21)08'9NO3U RESOL\N'O Pond,D()t Page 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The undersigned, being, the duly qualified and appointed City Clerk of the City of Plymouth. Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on 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 , 2008_ City Clerk O: Eneineeiing WTRRESRC Pani] iMaintenenee 2008.9800RESOLWQ Pond.DO(" Page 5 6.1 Z CITY OF PLYMOUTH CITY COUNCIL AGENDA REPORT DATE: June 25, 2008 for the City Council Meeting of July 22, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, Director of Public Works FROM: Derek Asche, Water Resources Manager SUBJECT: WETLAND REPLACEMENT PLAN APPLICATION FOR WOOD CREST (2008042) SE '/4. SECTION 4 T118 R22W ACTION REQUESTED: Make a motion to adopt the attached resolution approving the Wetland Replacement Plan Application for the proposed Wood Crest development. BACKGROUND: Landirtark Development of Mn, L.L.C. has submitted a Wetland Replacement Plan Application for the proposed Wood Crest development on a 20.05 -acre site located south of County Road 47 and east of Vicksburg Lane in Section 4. The project proposes 55 single family homes along with the associated parking, utilities, landscaping, water quality ponding, replacement wetland and buffer. Three wetland basins were identified on this site. The project proposes to impact 2,860 square feet of Wetland 2 to create access to the site. The replacen-tent plan will be a combination of on-site mitigation and wetland banking with at least 3,218 square feet of New Wetland Credit (NWC) and 3,218 square feet of Public Value Credit (PVC) on-.s•ile providing at least the required minimum of a 2.25 to 1 ratio as outlined in the following table: Basin Note Impacted Required Required Size (sq. ft.) Area (sq. ft.) New Wetland Public Value Credit (sq. ft.) Credit (sq. ft.) Wetland 1 14,839 on site None None None Wetland 2 14,021 on site 2,860 3,218 3.218 Wetland 3 8,437 on site None None None Total 4 37,927 2,860 3,218 3,218 New Wetland Credit 3.218 sq. ft. on-site): Public Value Credit 3.218 sq. ft. on-site): W New Wetland Credit 4207 sq. ft. Z (state bank): Q U Public Value Credit — 7,917 sq. ft. Q Buffer + Restoration state bank) Total Proposed Mitigation 4 18,560 sq. ft. Enginceriiie,IDEVLMNTS 2008'?008042}Memos+welland 2008042CC.doe Page WETLAND REPLACEMENT PLAN APPLICATION FOR WOOD CREST (2008042) SE 114. SECTION 4 Tl 18 R22W Page 2 A detailed Wetland Delineation Report, Sequencing, and Replacement Plan has been submitted with the application per WCA rules. The Replacement Plan Application was submitted to all required regulatory agencies. No comments were received by the June 30. 2008 deadline from the Elm Creek Watershed, Shingle Creek Watershed, Hennepin County, Minnesota Department of Natural Resources. or the United States Army Corps of Engineers, however the; Minnesota Board of Water and Soil Resources (BWSR) submitted comments (attached) which have been addressed by the applicant, RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving the Wetland Replacement Plan Application for the propose(] Wood Crest dcvelopnnent. attachments: Maps BWSR conunents Resolution 0:EmiwrnwPLVL11\-fSZw$200SO12 ;_., Page 2 n7r f 1 4 We t I a n d 3 4w 7 4% D4veway: PIN- efland 2 NVC1114.11(1 I a M a a M M a a 0 0 M 0 0 0 0 0 0 N W a w arrowhead environmental coils U1 tj ng SU N Mitigation Area w Overlaid on 2006 Aerial Image Feet S 0 125 250 500 aurveyea weiiana bounaary Buffer 5750 Vicksburg Lane Plymouth, MN Figure 6 SITE PLAN DATA: NPIPnaaea67c06- R9Fa 51.Aran•20.05AC NNmW -6511 66-uldw HII6A -7,056.1 90MOYiartl466H0' Ym wn,gnN Ia AHAPPNmuwn WAY 9HLY. TIE PWe•61`•99'j'uriau n0lob Fyb-760 111eRSYY CE ft 1TUTTNrb PIM'OR 9PYCIO RAnIkl nAa famPMP,n nY Me Ol LIN6fn MYnMiIpIMUL. 6fIQNMIN6 Th190 ACT LBGIflON OP ANY Ano ALL a.V6TAK1 D Wty•66170.05+2.74 WAC syb-6@R OIRGCriur•emn610N MOnMiiAYA WLr R60bT6n00 Yn6Yl9910NAL EH01N66R UtA9A UnJnEi-W COIYIyNCINO WORK MFnWR66ry RR Put Lr RAlMw6iRe xOa Afrr Nal Af96 .76.06. 6.951avlJ-0.61 hkkrew 29r(NW daarmryJ•79]0 AC RYab 75R rHe uw9 oY iHe 6TATfi Of MHWCa6YA uL aAMAmi Ne n¢our MianPuOna TO aRAprLr LAATM0ll10.RK6 L"T6MOPPb6¢Trs MM Na,Dan6Iq. 5&16.30•D.OTuIAC 66'R—.20 B -B SbAAqAt,L 6An Rxo.rw CD CA z D d w } q NwNLCL A Q V/ y4i n yaN 3 r+a vav maan J c W w a LL, ¢ i M } m s Um J a vPAPw wn- 0.&M. n6tl1-06 M 6f1o1MJ 6,26a ar: PMaC HPm6HbY,bMm 61l0.r SP worn el 7/7/08 Lynda Peterson 13WSR 520 Lafayette Road North St. Paul, TVIN 55155 Re: Wood Crest Development— wetland banking application comments - Hemiepin County Dear Lynda, The BWSR Central Office Wetland Bank Review Team has reviewed the Wood Crest wetland -banking plan and offers the following comments. The conunents are grouped by review area including: engineering, vegetation and administrative. Please share these comments and recommendations with the TEP members during their next review of this application, Engineering: Appendix 1 (Leon Zer>g-651-246-0714) See attached Internal Project Review Form Vegetation: A 3U)endix Z (Dan Shaw— 651-296-0644) See attached Internal Project Review Form Administrative: Annendices 3 & 4 (Dais Girolamo — 651-215-1703) No specific comments for appendix 3 and 4. The wetland banking plan is reconu-nended for approval when more detail is provided as outline in appendix 41 and appendix #2. In particular, item 42d in Appendix #1 should be elaborated upon to predict the overall chance of success with this proposed banking project, Since ly, Dan Girolamo Wetland Bank Administrator Cc: file, r t•r,t,:fjr f trt „1 „f Deilol,l, fe, ?jrts r=ills trltt,shall New til»t Rat.111sl ,- z"01101 Ntof 101 Minnesula AVCRIIe 1601 %fimeAnia DAw; 39'1 S. Late .A mue 11101 Fruniivr Trali 1400 t•-• Lyon Siveci 261 I I14*11wity 1.5 5, 2300 511 Yek Creel: 520 i- ifayelle Ro;W N. Suite 23-1 11ninerd, MN 56401 Room 4113 Ferru, Falk, MN W97 Box 267 New Ulm, MN 56073 Ibiml \.L•. Rliat PRul. MN 55)5e Retnidji, MN 56601 pllooe (218) 828-23$7 Duluth, MN 53802 phone (218)736-5445 Nlaraltall, AIR 56258 piome (507) 359-6074 I(o Tesler, All^t 55906 plwne (651 Y 2196-3767 pllulrr. (218) 755-4235 IR% (2181128.6036 lthuttr (21H) 723-1712 In (2181 136-7215 ldtolle (507) 537-6060 I:Ix (5917) 354-6018 plmRe (S07) 191 -7797 la% (6.51) 297-5615 Fax (218) 7515-420[ to (M) 723-4774 fax (507) 537-6W fax (5(17)'_85-1149 M011 hr4vh.lrwsr.slalc.uat.us TTY- (809) 627-3529 Ao r•,g1ml uppurluruly employrr G)Priulesl Itlt rrr-yr.lell ImpV.r Rage 6 Minnesota Board or Water and Steil Resources Wetland Banking Program — Internal Project Review Farm soil PARI B: WETLAND SANK SUPPLEMENTResouM APPENDIX 1, DESIGN AND CONSTRUCTION PLAN REQUIREMENTS ENGINEERING REVIEW Project Name: county: Wood Crest Bank Hennepin FINDINGS AND RECOMMENDATIONS FOR APPENDIX 1. Recommend Approval Reutewedhy: Loot, Zeug P.E. F] Recommend Approval with Conditions Tltle: Project Engineer Approval Not Recommended Date; June 2.3,2008 PART 1. DEFINITION OF EXISTING CONDITIONS CONDITION OF INFORMATION PROVIDED Sue lreM COMPONENT a. b. c. d. e. f. SATISFACTORY 0 1 1 INCOMPLETE/INADEQUATE I M I IN Part c. The applicant did not provide or comment on the contributing drainage area and Infrastructure like drain tile, culverts, ditches, etc. Part d. The applicant did not comment on the presence of any easements. Parte. The applicant did not comment on current land use and Its watershed. PART 2. DESIGN REPORT CONDITION OF INFORMATION PROVIDED Sus ITEM COMPONENT SATISFACTORY 0 IN COM PLETEII'NADEQUATE FJ 0 Part c, The applicant did not discuss any subsurface conditions. Pari d. The applicant did not discuss the site's response to severe, single -event storms. Part e, The applicant did not provide a cost to implement this project Wetland Banking tievlew Form2,doc - rev. 60/06 Wetland Project Design and Construct€on Plan Page 1 Page 7 PART 3. CONSTRUCTION PLANS AND SPECIFICATIONS CONDITION OF INFOR!'dATION PROVIDED Sus ITEM COMPONENT a. b. C. d, SATISFACTORY INCOMPLETEIINADEQUATE El 1:1 El Parts a -d. The wetland restoration does not include engineered berms, outlets or other constructed features, The wetland report discusses a drainage ditch that will be regarded as part of this restoration. However, the report provides no details on the regraded ditch features. PART 4. CONSTRUCTION INSPECTION AND CERTIFICATION PLAN INFORMATION PROVIDED IS SATISFACTORY FOR SCOPE OF PROJECT INFORMATION PROVIDED IS INCOMPLETE OR INADEQUATE FOR SCOPE OF PROJECT Wetland Banking Review Form2.doc • rev. 617.8/06 Wetland Project Design and Construction Plan Page 2 Page 8 Minnesota Board of Water and Soil Resources nr'a Wetland Banking Program — Internal Project Review Form Resource t.. APPENDIX 2. VEGETATION ESTABLISHMENT AND MANAGEMENT PLAN REQUIREMENTSs Project Nerve: County: Woodcrest Wetland Sank Hennepin FINDINGS AND RECOMMENDATIONS FOR APPENDIX 2. Recommend Approval -_ — - — Reviev,ed by: Dan Shaw More Information Required Tithe: Vegetation SI)ecWist Approval Not Recommended Date: '1.1.08 PART 1. SITE PREPARATION I INFORMATION PROVIDED IS SATISFACTORY M i MORE INFORMATION NEEDED Comments: The plan states that both restoration areas will have existing vegetation removed. More inforniation should be included about where the excavated reed canary grass will be disposed of. PART 2. SEED MIXES AND PLANT MATERIALS INFORMATION PROVIDED iS SATISFACTORY MORE INFORMATION NEEDED Comments: PART 3. SEEDINGIPLANT ZONE MAP INFORMATION PROVIDED IS SATISFACTORY INFORMATION PROVIDED IS INCOMPLETE OR INADEQUATE Commenfs: Welland Banking - Review Form Appendix 2,doc rev. 6128106 peg l Vegatatlon and Establishment Plan Requirements Page 9 The mitigation plan should show the location of seed to be installed, represented with a hatch pattern; as well as the location of containerized plants. PART 4. SEED] NGIP LANTING METHODS INFORMATION PROVIDED IS SATISFACTORY MORE INFORMATION NEEDED Comments; More information is needed about how the seedbed will be prepared as well as how seed will be installed. Specific dates for fall seeding should also be provided to guide contractors. PARTS 5 AND 6. VEGETATION MAINTENANCE AND SCHEDULE OF ACTIVITIES 0 I INFORMATION PROVIDED IS SATISFACTORY I MORE INFORMATION NEEDED Comments: A restoration schedule is included in the plan. The schedule should include more specific dates for maintenance activities. The spot treatmentand control of reed canary grass is particularly important as it is common in the area. Wetland SanRing - Review Form Appendix 2.doc - rev. 6128106 F Vegetation and Establishment Plan Requirements Page 10 RESOLUTION NO. 2008 - APPROVING WETLAND REPLACEMENT PLAN APPLICATION FOR WOOD CREST (2008042) SW '/4 SECTION 4 T118 R22W WHEREAS. Landmark Development of MN, L.L.C. is proposing to fill wetlands for construction of the proposed Wood Crest single family residential development:. and WHEREAS, there are no reasonable alternatives for the location of this project; and WHEREAS, a Replacement Plan Application has been prepared that proposes to replace the impacted wetlands on-site at a 2.25 to I ratio which is required by the Wetland Conservation Act and to ; and WHEREAS. the applicant is creating additional new wetland credit and public value credit in the amount of 12,124 square feet for deposit in the State wetland bank; and WHEREAS, the Sequencing Findings of Fact have been prepared for this project: NOW, THEREFORE, BE IT HERESY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: The filling of wetlands and the Replacement Plan Application for the Landmark Development of MN, L.L.C. project is approved subject to the following conditions: I . The applicant shall submit a copy of the contract made with an appropriate party to complete the WCA replacement wetland monitoring requirements. 2. The replacement wetland must be monitored for a five (5) year period fi•om the date of completion and the monitoring plan must include a section on management of upland buffer, wetland vegetation, wetland hydrology, tree management and invasive plant control such as buckthorn and reed canary grass. 3. The developers wetland consultant shall submit an annual monitoring report to the City of Plymouth on the ann versary date of the completion of the replacement wetland for a period of five (5) years containing information required in WCA rule 8420.0620, and those required in condition number two. 4. Prior to disturbing any -wetland area, the developer shall submit a letter of credit in the amount of the cost of the Replacement Plan. The letter of credit shall extend until completion of the five year monitoring period. II` during the five year period the replacement wetland does not perform as proposed in the plan, work as necessary shall be undertaken by the developer to bring it into conformance. 5. The de-,-eloper's wetland consultant shall conduct and record periodic inspections during the construction of all the newly created wetland basins. 6. The replacement wetland must be constructed concurrently with site grading. 0 Tn_inemyDEVLX1NTS'.1068'20 iii} WO1ARds 20(1 4f appro%c_ well:tnd replacement _plan app do, Page 1I Resolution No. 2008 - Page 2 7. A deed creating a restrictive covenant running with the land for the replacement area must be recorded. The deed shall be submitted to the City for approval before recording. FURTHER BE IT RESOLVED; That the Mayor is authorized to execute the Wetland Replacement Plan Application for the Landmark Development of MN, L.L.C. project. Adopted by the City Council on July 22, 2008. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minriesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on . with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk d'LnSinrrnnuDLYLhfNTS1?0 8'•3008tWZN'edands 7UOS042approvc_wctland_replacetnent plap app Page 12. 6.13 DATE: July 11, 2008 for the City Council Meeting of July 22, 2008 TO: Laurie Ahrens, City Manager through Doran Cote, P.E., Director of Public Works FROM: Stephen Deuth, Sr. Engineering Teclulician SUBJECT: APPROVE RAINGARDEN AGREEMENT FOR PARKING LOT EXPANSION WITH W.W. GRAINGER INC. AT 2450 ANNAPOLIS LANE 2008048) ACTION REQUESTED: Make a .motion to adopt the attached resolution approving a Raingarden Agreement for the property at 2450 Annapolis Lane. BACKGROUND: W.W. Grainger Inc., located at 2450 Annapolis Lane, is proposing to add 23 additional parking stalls to the east side of their existing building. Administrative approval for a Site Plan Amendment, which will allow for the parking expansion, has been granted per the attached letter from the Planning Department dated July 1, 2008. The proposed parking area meets all zoning and setback requirements. Stone water from the proposed parking area will be directed to a proposed bio -retention basin (rain garden) that has been designed to meet Minnesota Pollution Control Agency (MPCA) and Bassett Creek Watershed District's standards. The basin's subsurface drain tile system will be connected to the existing on-site stone sewer system. As a requirement for the Site Plan Amendment to the parking lot expansion, the owner must submit a signed maintenance agreement for a rain garden used in conjunction with the stone water run-off design. BUDGET IMPACT: There are no budgetary impacts from the proposed action. All BMP maintenance costs are the responsibility of the property owner. RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the attached resolution approving the BMP Maintenance Agreement with W.W. Grainger Inc., located at 2450 Annapolis Lane. attachments: Maps Administrative Approval Letter Agreement Resolution 0:\Engineering\DEVLMNTS\2008\2008043\Memos\CC_GraingerAgrmt_7_22_08 Page 1 1 2450 Annapolis Lane p Location Map y W U) C/) ry. W sT I— z ATF z z< 1 ti 26TH AVE 4/4 66 2450 ANNAPOLIS LA N Z 24TH AVE x z z J W OCl N Cpage r Surface ,y g ' / Cole/l eosin 9r I I Rim -955.53 961 7.n 6-A E kr 116 902 {A + 07 C P 12- M 2-& A4xrtiaw ift L" 40 mw Floor 0&v.m963.22 w AW sprI Iewe -------- ia-------- - i 1 p.._.._.._.._.._.. BUILDING q9-------- LIV. NO. ' ---- -- ®- DS Co CL i O II _. _a! g I iIgFloorElev.-963.22 le -------_ O t agars 8 -- sn+ o amAx / Abot IYf. I W ------ Tal r' Ate sr W. asat04 j ai fix Co WE MP Maw Ex mile am r 18- Trn 4i "" 12- ,YopN m W95833 7 jNO. w111iE ON= Ir AM AVW. M mW.MAEAIC , Aed mE i PaQLAm ge 3 July 1, 2008 Peter Knaeble Terra Engineering, Inc. 6001 Glenwood Avenue Minneapolis, MN 55422 SUBJECT: Administrative Approval for Site Plan Amendment to allow construction of a 23 -stall parking lot addition for property located at 2450 Annapolis Lane North (2008048) Dear Mr. Knaeble: This letter is written to inform you that the subject application has been administratively approved pursuant to Section 21045.04 of the Zoning Ordinance, subject to the following conditions: An administrative site plan amendment is approved to allow construction of a 23 - stall parking lot addition, in accordance with the plans received by the City on June 5, 2008, except as amended by this resolution. 2. A separate grading permit is required prior to the commencement of the project. 3. Prior to issuance of a grading permit, the applicant shall: a. Submit the required site improvement performance agreement and financial guarantee pursuant to Section 21045.10 of the Zoning Ordinance. b. Submit a maintenance agreement for the bioretention basin. Please contact Steve Deuth in the Engineering Division at (763) 509-5531. c. Receive all necessary approvals from the Bassett Creek Watershed District. 4. Prior to issuance of a grading permit, the applicant shall submit revised plans showing: a. Locations of storm sewer inlet erosion control protection and include City details ST -22 and/or ST -23. b. B612 concrete curb and gutter is required for the parking lot and drive aisles, excluding the ribbon curb for the bioretention basin as shown on the plan. Page 4 July 1, 2008 Page 2 of 2 c. Demonstrate how the removal of four feet of ground cover will not result in pipe freezing, as typical ground cover is 7.5 feet over the water line. Suggestions include relocating the water line, modifying or moving the retention basin, insulating the water line or combination thereof. d. Fire lane signs in locations identified by the Fire Inspector. e. Compliance with turning radius requirements as identified by the Fire Inspector. 5. No variances are granted or implied. 6. Any subsequent phases or expansions are subject to required reviews and approvals pursuant to Ordinance provisions. The administrative approval of this site plan amendment shall become complete upon your acknowledgment of this letter and the return of one signed original. Also, note that the administrative approval of this site plan amendment shall expire one year after the date of approval, unless the applicant has substantially started the project, or unless the applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 21045 of the Zoning Ordinance. If you have any questions, please contact Jared Noelting, the principal reviewer, at 763) 509-5463. Sincerely, Barbara G. Senness, AICP Planning Manager Copy: File 2008048 I, , A REPRESENTATIVE FOR TERRA ENGINEERING, INC, HEREBY ACKNOWLEDGE AND AGREE WITH THE ADMINISTRATIVE APPROVAL OF THIS SITE PLAN AMENDMENT, INCLUDING ALL THE CONDITIONS THEREOF IN THIS LETTER AND THE APPLICABLE PROVISIONS OF THE CITY CODE. by Date: C Documents and Settings\sdeuUt\Local Settings\Temporary Internet Files\OLKI 16\2008048 SPA Approval Granger Parking Lot. doc Page 5 RAIN GARDEN AGREEMENT THIS AGREEMENT made this day of , 2008, by and among the City of Plymouth, a Minnesota municipal corporation (hereinafter referred to as the "City") and W.W. Grainger Inc., an Illinois Corporation with reference to the following facts and circumstances: A. W.W. Grainger Inc. is the fee owner of certain real property situated in the City of Plymouth, Hennepin County, Minnesota, legally described as follows: W.W. Grainger Inc. — 2450 Annapolis Lane hereinafter referred to as the "Subject Property") The south 360.00 feet of that part of Lot 1, Block 1, Mim-leapolis Industrial Park Second Addition, according to the recorded plat thereof, lying easterly of the southerly extension of the westerly line of the westerly line of Registered Land Survey No. 1133, files of the Registrar of Titles, Hennepin County, Minnesota. B. As a condition of its approval of the development for the Subject Property, City of Plymouth has required that the parties hereto enter into an agreement, which makes provision for: 1) the maintenance of one structural BMP, also known as a "rain garden," and 2) parking lot sweeping agreement. The rain garden shall be constructed by W.W. Grainger Inc. within the boundaries of the property outlined in paragraph "A" of this Agreement as the same are described and depicted in those certain construction plans drawn by Terra Engineering, Inc. and approved by the City. C. The parties hereto desire to set forth their agreements with respect to the maintenance of the structural BMP (rain garden) and the costs of such maintenance. NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. For the purposes of this Agreement, maintenance of the rain garden shall mean the amival inspection and certification by a professional engineer that the structural BMP is functioning in accordance with the approved plans and, if O:\Engineering\DEV LMNTS\2008008048\Docmts\RainGardenAgnnt_Grainger.di Page 6 necessary, the following actions will be taken to maintain the proper operation and function of the structural BMP. Maintenance Item Frequency A. Debris Cleanout Monthly B. Vegetation Annual Maintain at least 80% surface area coverage of plants approved per plan. Removal of undesirable woody plants. Removal of invasive plants. Removal of dried, dead, diseased vegetation. Re -mulch void areas. C. Hydrocarbon Build-up Monthly Eliminate hydrocarbon oil and grease build-up. D. Outlet and Overflow Spillway Annual Correct any erosion. Remove any sediment build-up or blockage. E. Parking lot sweeping using a vacuum sweeper.. Spring / Fall 2. The owners of the subject property or its current owner shall be solely responsible for the maintenance of the rain garden and parking lot sweeping agreement, and shall bear all costs of such maintenance, If the current owner does not undertake the necessary maintenance within 30 days of notification by the City, the City may undertake such maintenance, but the costs reasonably incurred by the City for performing such maintenance shall be reimbursed to the City by the owner(s) of the Subject Property. 3. All reasonable costs the City may incur in performing its maintenance responsibility under this Agreement shall be reimbursed to the City by the owners of the various lots contained within the Subject Property with such costs to be allocated among those lots on equal basis per lot. 4. If the City is not reimbursed within thirty (30) days, the City may levy a special assessment equal to the amount of the reasonable City costs incurred against the Subject Property on each occasion that the City is required to perforin the maintenance. The special assessment shall be apportioned 100% to the Subject Property. The assessment shall be spread over five (5) years together with 2- O:\Engineering\DE V LMNTS\2005\2005045\Docmts\RainGardenAgrnu_Greinger Page 7 annual interest equal to the prime interest rate on the unpaid balance. The estimated amount of each assessment is $ 2,500 based upon the estimated cost of performing such maintenance and construction price index in 2008. The estimate shall be adjusted to reflect changes in the construction price index. The current owner of the Subject Property waives all procedural and substantive objections to the public improvements and special assessments including but not limited to hearing and notice requirements, and claims that the amount of the assessment exceeds the benefit to the property. The right to appeal the assessments pursuant to Minn. Stat. § 429.081 is also waived. 5. The terms' and conditions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns and shall be recorded against the title to the Subject Property: 3- 0:\Engineering\DEVLMNTS\2008\2008048\Docmts\RainGardenAgnnt_Grainr-- '-- Page 8 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. CITY OF PLYMOUTH By: Kelli Slavik, Mayor By: Laurie Ahrens, City Manager W.W. GRAINGER INC. Nickolay Aholec, Sr. Real Estate Project Manager STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of 2008, by Kelli Slavik and Laurie Ahrens, the Mayor and City Manager, respectively, of the City of Plymouth, a Minnesota municipal corporation. Notary Public STATE OF ILLINOIS ) SS. COUNTY OF ) The foregoing was acknowledged before me this day of , 2008, by Nickolay Aholec, Sr. Real Estate Project Manager for W.W. Grainger Inc., a Illinois corporation on behalf of said corporation. THIS INSTRUMENT DRAFTED BY City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447 Notary Public 4- O:\Engineering\DE VLMNTS\2003\2005048\Docents\ Rai nGardenAgrent_Grairl Page 9 CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING RAIN GARDEN MAINTENANCE AGREEMENT WITH W.W. GRAINGER COMPANY AT 2450 ANNAPOLIS LANE WHEREAS, W.W.Grainger Company has been given administrative approval to construct a 7,020 square -foot parking lot expansion at 2450 Annapolis Lane; and WHEREAS, the property is legally described as part of Lot 1, Block 1, Minneapolis Industrial Park Second Addition; and WHEREAS, as a requirement for the Site Plan Amendment approval for the parking lot expansion, the owner must submit a signed maintenance agreement for the construction of a rain garden. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Mayor and City Manager are hereby authorized to sign, on behalf of the City of Plymouth a rain garden maintenance agreement with W.W.Grainger Company. Adopted by the City Council on July 22, 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 I , 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 O:\Engineering\DEVLMNTS\2008\2008048\Resol\Auth_Mayor_CM_ToSign_7_22_08.1 page 10 Agenda Number: 6. 14 TO: Laurie Ahrens, City Manager through Doran Cote, Director of Public Works FROM: Derek Asche, Water Resources Manager SUBJECT: City of Plymouth. Draft Surface Water Management Plan DATE: July 10, 2008 for the City Council Meeting of July 22, 2008 1. PROPOSED MOTION: Make a motion to adopt a resolution approving the draft Surface Water Management Plan 2. BACKGROUND: City staff began the process of updating its Surface Water Management Plan in the summer of 2005. The draft Surface Water Management Plan combines the relevant information from the 2000 Water Resources Management Plan with the requirements of Minnesota Statue 103B.235 and Minnesota Rule 8410 and is intended to lay the foundation and framework for management of the City's surface water resources. In addition to updates required by the Metropolitan Council, the Surface Water Management Plan is also required to be updated to comply with the rules and requirements of the State Board of Water and Soil Resources BWSR), the 2nd Generation Plans of the Bassett Creek, Elm Creek, Shingle Creek Watershed Management Organizations (WMO), and the 3'd Generation Plan of the Minnehaha Creek Watershed District. The draft Surface Water Management Plan will aid the City in meeting, and in some cases exceeding, rules established by various regulatory agencies. The Surface Water Staff Team convened several meetings beginning in June, 2005 to start the process of updating the Surface Water Management Plan. The purpose of the plan, combined with goals, polices, and watershed assessements make up the draft Surface Water Management Plan. Other relevant information including the 1980 Storm Drainage Plan, Joint Powers Agreements, land and water resource inventories, Storm Water Pollution Prevention Program, Non -degradation Plan, Shingle Creek Chloride Total Maximum Daily Load TMDL) Plan, Wellhead Protection Plan, Pond Maintenance Policy, lake ranking methodology, and Plymouth characteristics are incorported in the appendices. O:\Engineering\WTRRESRC\Surface Water Management Plan\Memos\DRAFT Surface Water Management Plan (CC) July 22_2008.doc Page 1 Specific updates to the draft Surface Water Management Plan include new goals for Bass Creek, Bassett Creek, and Shingle Creek which are in compliance with current and future total maximum daily load plans as approved by the Minnesota Pollution Control Agency MPCA) and the Environmental Protection Agency (EPA). Additionally, updates were made to the city-wide goals and water body goals for consistency with regulatory agencies. Other updates include formatting, which is intended to be consistent with the format of the Comprehensive Plan. The Environmental Quality Committee reviewed and commented on the draft Surface Water Management Plan at regularly scheduled meetings from October 2007 through March 2008. With the exception of inclusion of language regarding aquatic invasive species, comments were mostly technical in nature and have been incorporated into the draft of the Surface Water Management Plan. Additionally, the draft Surface Water Management Plan was reviewed by the Planning Commission on July 16, 2008. The Commission's comments are summarized below. Although the Surface Water Management Plan is a stand-alone document from the Comprehensive Plan and is subject to separate statutes and rules, the Surface Water Management Plan must be reviewed concurrently with the Comprehensive Plan due to references in the Comprehensive Plan to the Surface Water Management Plan. Regulatory agency review as well as final approval by the City Council are due by December 2008 for the Comprehensive Plan, therefore, the Surface Water Management Plan must receive final approval by December, 2008 as well. Upon City Council approval of the draft, staff anticipates the 60 -day agency review period for the Surface Water Management Plan to be completed by mid-October, leaving approximately 6 weeks to address regulatory agency comments and to make any other necessary changes prior to Council action on the final version of the document in December, 2008. 3. PLANNING COMMISSION MEETING: The Planning Commission reviewed and commented on the draft Surface Water Management Plan at their July 16, 2008 meeting. Comments were made on chloride impairment and how the City will be addressing this issue. Staff responded that best management practices BMPs) were recominended as part of the approved Shingle Creek Chloride TMDL plan and that the City's Storm Water Pollution Prevention Program has been updated to reflect BMPs intended reduce chloride loading to surface waters in Plymouth. The Commission also asked for clarification on wetland banking and riparian buffers. Finally, the Commission also requested the acknowledgements (Page iii) be updated to reflect the current planning commissioners. 4. BUDGET IMPACT: The draft Surface Water Management Plan is intended to meet or exceed the minimum requirements of each regulatory agency. The Surface Water Management Plan includes provisions to incorporate future TMDL implementation plans associated with surface water o:\Engineering\WTRRESRC\Surface Water Management Plan\Memos\DRAFT surface Water Management Plan (CC) July 22_2008.doc Page 2 impairments (nutrients, low oxygen, chloride, etc.) as established by the MPGA. As of 2008, the City is required to participate in TMDL implementation plans for a minimum of 10 impairments. Each TMDL plan will likely require the City to fund projects intended to reduce and/or eliminate the impairment. Some projects may be significant. 5. RECOMMENIDATION: I hereby recommend that the City Council adopt the attached resolution approving the draft Surface Water Management Plan ATTACHMENTS: 1. Draft Surface Water Management Plan (w/o appendicies - previously transmitted) 2. Resolution O:\Engineering\WTRRESRC\Surface Water Management Plan\Memos\DRAFT Surface Water Management Plan (CC) July 22_2008.doc Page 3 CITY OF PLYMOUTH RESOLUTION 2008 — APPROVING THE DRAFT SURFACE WATER MANAGEMENT PLAN WHEREAS, the City of Plymouth initiated an update to its Surface Water Management Plan 2005; and WHEREAS, the draft Surface Water Management Plan will be used to meet or exceed City goals and the surface water requirements of regulatory agencies; and WHEREAS, the Environmental Quality Committee has reviewed and commented on the draft Surface Water Management Plan; and WHEREAS, the Planning Commission has reviewed and commented on the draft Surface Water Management Plan at a duly called public hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it hereby does approve the draft Surface Water Management Plan. Adopted by the City Council on July 22, 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 July 22, 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 o:\Engineering\WTRRESRC\Surface Water Management Plan\Resolutions\Res_Draft Surface Water Managment Plan_7_22_08.doc i 11 Page 4 Agenda Number t 8 1 File 2008060 1 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager through Steve Juetten, Community Development Director FROM: Shawn Drill, Sr. Planner (509-5456) through Barbara Sennesss,, Planning Manager MEETING DATE: July 22, 2008 PETITIONER: Cindy Dawson, Vice -President of the Heritage Woods Estates 2n4 Addition Homeowner's Association PROPOSAL: Amendments to the Declaration of Covenants for Heritage Woods Estates 2nd Addition Quit Claim Deed for Heritage Woods Estates 2nd Addition LOCATION: West of Northwest Boulevard at 56' Avenue PROPOSED MOTION: Move to adopt one of the two attached resolutions either approving or denying: 1) Amendments to the Declaration of Covenants for Heritage Woods Estates 2nd Addition; and 2) A quit claim deed of all rights, title, and interest the City of Plymouth has in easements created by the Declaration of Covenants over and upon Outlot A, Heritage Woods Estates 2nd Addition. Approval or denial of a resolution consenting to amendments to the declaration of covenants and a quit claim deed requires a 4/7 vote of the City Council. i Page 1 2008060 Page 2 DESCRIPTION: The petitioner, on behalf of the Heritage Woods Estates 2nd Addition Homeowner's Association the HOA), is requesting that the City Council clear a title cloud issue with respect to Outlot A. The HOA is hoping to sell Outlot A to a developer for six new single-family homes. Proposed Amendments to the Declaration of Covenants The HOA is requesting that the City Council acknowledge its approval of the "First Amendment to Declaration" dated December 15, 2006 and recorded February 15, 2007. The First Amendment included the following changes (underlined text to be added, s-tfiketext to be deleted): Article III, Section 1: ARTICLE III General Restriction, Obli atgions And Property Rights of Owners_ Section 1. Owners' Easement of Enjoyment; Common Property. Every Owner shall have a non-exclusive easement of use for recreational purposes, subject to the obligation of maintenance, protection and preservation therewith, in and to the Common Property which. shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: a) The right of the Association to charge reasonable charges and other fees for the use, enjoyment, maintenance, repair and protection of any improvements situated upon the Common Property. b) The right of the Association to suspend the voting rights of an Owner for any period during which any assessment against that Owner's lot remains unpaid. c) The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. d) The right of the Association to sell or transfer all or any part of the Common Property to a third party purchaser for the purpose of subdivision and development of such properly at a price and subject to such terms and conditions as the Board shall deem appropriate No such sale or transfer shall be effective unless authorized by a resolution signed by two-thirds (2/3) of each class of members. Page 2 2008060 Page 3 Article VIII, Section 6: ARTICLE VIII General Provisions Section 6. Required Provision for Benefit of City of Plymouth. The Cefffinen Property shall be maipAained in aeeer-danee with the following eendifiens and nales. So longass the Common Property is owned by the Association, the Common Property shall be maintained in accordance with the following conditions and rules: a) If, in the opinion of the City Council of the City of Plymouth, expressed in a resolution, the Association has failed to provide: adequate maintenance and repair of any streets within the Property which have not been dedicated to public use; adequate snow removal from any said streets, adequate control of surface water drainage; adequate construction, and/or maintenance and repair of any sanitary sewer, storm sewer, water supply system, or other public utilities the construction, and/or maintenance and repair of which are the responsibility of the Association or the Owners of Lots; or adequate care of the Common Property; then duly authorized agents of the City of Plymouth may enter upon the Common Property and perform such: street maintenance and repair; snow removal from streets; control of surface water drainage; maintenance and repair of sanitary sewer, storm sewer, water supply system or other public utilities; as the City Council of the City of Plymouth shall have deemed necessary to preserve the health, safety and welfare of the residents of the Property or of the City of Plymouth. b) If the City of Plymouth performs maintenance or makes repairs pursuant to this Declaration or constructs any public improvements pursuant to the laws of the State of Minnesota, then the City may assess the cost of said maintenance or repairs or public improvement directly against benefited Lots, or the City may assess the Common Property for the cost of said maintenance or repairs, or public improvement. If the City assesses the Common Property for the cost of said maintenance or repairs, then the Association or the Owners of Lots shall levy a special assessment against the Lots to defray the total amount of the City assessment. Said special assessment need not have consent of the Owners, occupants or Owner/tenants. c) The title of the Association and the Owners of Lots in and to the Common Property is hereby made subject to a non-exclusive easement in favor of the City of Plymouth for the purpose of ingress and egress for police, fire rescue and other emergency calls, animal control, health and prospective (protective) inspection and to provide to the Owners other public services deemed necessary by the City of Plymouth, and for the purposes set forth herein. d) The cost of any work performed by the City of Plymouth pursuant to this Declaration shall be assessed pursuant to the above provisions. Page 3 2008060 Page 4 The HOA is also requesting that the City Council consents, agrees to and approves the Second Amendment to Declaration" as follows (underlined text to be added, stern text to be deleted): Article III Section 1 (amendment to first paragraph only): ARTICLE III General Restriction, Obligations And Propegy Rights of Owners Section 1. Owners' Easement of Enjoyment; Common Property. Every Owner- shall have shall be appuAenant te and shall pass with the fifle te ever -y let, subjeet to the following For as long as the Association owns the Common Property, every owner shall have a non-exclusive easement of use for recreational purposes, subject to the obligation of maintenance protection and preservation therewith in and to the Common Property which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: Article III Section 1 (d) (was added by "First Amendment" to Declaration): 1, a b a r-eseMien signedby t -we tl s (2/3) of eaeh elan,.", of meffi er-s. The right of the Association to sell or transfer all or any part of the Common Property to a third party purchaser at a price and subject to such terms and conditions as deemed appropriate in the sole discretion of the Board. Upon the closing and recording of a deed evidencing such sale or transfer of the Common Property, the Common Property shall be irrevocably released from and no longer subject to any easements, restrictions, covenants conditions and provisions of the Declaration. Quit Claim Deed The HOA is requesting that. the City Council release and quit claims to all rights, title, and interest of the City in any easement over and upon Outlot A that were created by Article VIII, Section 6 of the Declaration of Covenants. Page 4 2008060 Page 5 The City Attorney has reviewed the request, and has opined that the City Council has a high level of discretion in its decision to approve or deny such a request. The Declaration of Covenants is a contract with the City, and the City Council may determine whether or not it wants to amend the contract. RECOMMENDATION: Community Development Department staff recommends that the City Council review the proposed request and adopt one of the two attached resolutions either approving or denying the request. ATTACHMENTS: 1. Correspondence received from the Petitioner on July 2, 2008 2. Instrument Consenting to Amendments and Quit Claim Deed 3. First Amendment to Declaration 4. Second Amendment to Declaration 5. Original Declaration of Covenants, Conditions and Restrictions 6. Resolution Approving Request 7. Resolution Denying Request PLAN/STAFFREP/CC/2008/2008060-Covenants-Heritage-W ds-Estates-2"d-CC.doc Page 5 Dawson, Cynthia L. (BLM) To: Laurie Ahrens Cc: 'Mike Propsom' Subject: FW: Heritage Woods Estates - Outlot A Attachments: HWESAHA 2nd Amd to Declaration.doc; Consent of City.doc Hi Laurie, I would like to approach the City Council with a request to clear the title cloud issue with the City of Plymouth. Heritage Woods Estates Second Addition Homeowners Association is prepared to file an amendment to our Declaration. We have already obtained 75% approval from the 61 lot owners, but we also request the City of Plymouth's consent to approve the Amended Declaration and release the title. Please accept the initial forms to get the process started, as I plan to mail the signed / notarized documentation for delivery to you next week. Please let me know when this request could be considered by the City Council, and feel free to contact me if additional materials are needed. Thank you in advance for your consideration. Cindy Cindy Dawson HWESAHA Vice -President 612-281-4661 (cell) 952-837-7578 (office) Email: cldawson(@express-scripts.com From: timbildsoe@visi:com [mailto:timbildsoe@visi.com] Sent: Tuesday, July 01, 2008 3:29 PM To: Dawson, Cynthia L. (BLM) Subject: Re: Heritage Woods Estates - Outlot A Hi Cindy - Here's what you need to do to get the process rolling and before the city council. Write a letter with your request, including the docs that you attached, and send it to our city manager, Laurie Ahrens. Your request will be included for consideration at an upcoming council meeting. You'll be notified of the date. Have a great 4th. Tim 1 Page 6 Sent via B1ackBerry by AT&T From: "Dawson, Cynthia L. (BLM)" <CLDawson@express-scripts.com> Date: Wed, 25 Jun 2008 12:34:08 -0500 To: <tbildsoe@ci.plymouth.mn.us> CC: Mike Propsom<mike.propsom@gmail.com> Subject: Heritage Woods Estates - Outlot A Hello Tim, I would really appreciate your guidance in our attempt to clear the Title of Outlot-A. Our attorney had suggested that I speak with a City Council member to ensure there is not a problem with Heritage Woods Estates Second Addition Homeowners Association filing an amendment to our Declaration. We have already obtained 75% approval from the 61 lots, but we also request the City of Plymouth's consent to approve the Amended Declaration and release the title. Please advise me on the best way to approach the City Manager regarding this matter. I've attached the form letters in this email for your initial review, but will be sending the signed / notarized documentation when instructed. HWESAHA 2nd Amd to Declaration.doc>> <<Consent of City.doc>> Thank you very much, Cindy Dawson HWESAHA Vice -President 692-289-4669 (cell) 952-837-7578 (office) Email: cldawson(cDexpress-scripts.com Confidentiality Notice ******* This email, its electronic document attachments, and the contents of its website linkages may contain confidential health information. This information is intended solely for use by the individual or entity to whom it is addressed. Ifyou have received this information in error, please not, the sender immediately and arrange for the prompt destruction of the material and any accompanying attachments. Page 7 APPROVAL OF THE FIRST AND SECOND AMENDMENTS TO DECLARATION AND QUIT CLAIM DEED BY CITY OF PLYMOUTH The undersigned, CITY OF PLYMOUTH, a municipal corporation ("City"), hereby consents, agrees to and approves the Second Amendment to Declaration, dated 'i 2008, for the Heritage Woods Estates Second Addition Homeowners Association, a copy of which is attached hereto. The City also hereby acknowledges it's approval of that certain First Amendment to Declaration dated December 15, 2006 and recorded on February 15, 2007 as Document No. 8938208 in the Office of the County Recorder for Hennepin County, Minnesota. The City further releases and quit claims to Heritage Woods Estates Second Addition Homeowners Association, a Minnesota corporation, and its successors and assigns, all right, title and interest of the City in any easement over and upon Outlot A, Heritage Woods Estates Second Addition, Hennepin County, Minnesota, created by Article VIII, Section 6, of that certain Declaration of Covenants, Conditions and Restrictions for Heritage Woods Estates Second Addition Homeowners Association, dated January 2, 1990, recorded January 18, 1990, as document 5618220, as amended, and for no other purpose.. EXECUTED IN WITNESS HEREOF on the day of , 2008. CITY OF PLYMOUTH BY ITS AND ITS Page 8 STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2008, by and , the and , respectively, of the CITY OF PLYMOUTH, a municipal corporation, on its behalf. Notary Public This instrument was drafted by: WILKERSON & HEGNA, P.L.L.P. One Corporate Center III, Suite 300 7300 Metro Boulevard Edina, MN 55439 9221) 897-1707 M:M\24405 Heritage Woods\Consent of City.doc Page 9 02/16/2007 15:44 IFAX fax@premtitle.com TRANSFER ENTERED HENNEPIN QOUWYTWAY EfiVICE FEB I t H MINK. BY _ DEPU ' 3 Jill Ia002/005 Lf U HERITAGE WOODS ESTATES SECOND ADDITION HOMEOWNERS ASSOCIATION FIRST AMENDMENT TO DECLARATION WH8REAS, GRAHAM DEV>LOPMENT CO., a corporation under the law's of the State of Minnesota, filed for record on January 18, 1990, a Declaration of Covenants, Conditions and Restrictions for Heritage Woods Estates Second Addition Homeowners Association, as Document No. 5618220, files of the Hennepin County Office of the County Recorder ("Declaration"); and WHEREAS, by resolution dated and approved by not less than seventy-five percent (75%) of the Members of the Association (the 61 Lot Owners) on November 16, 2006, the Members have authorized and directed the Board of Directors of Heritage Woods Estates Second Addition Homeowners Association (the "Association") to amend the Declaration as stated herein; NOW, THEREFORE, the Board hereby declares that the Declaration is hereby amended upon the terms and conditions stated herein: 1. Definitions. Terms used herein shall have the same meanings as in the Declaration, unless the context otherwise requires. 2. Article III, Section 1, The following shall be added to Article III, Section 1 of the Declaration: d) The right of the Association to sell or transfer all or any part of the Common Property to a third party purchaser for the purpose of subdivision and development of such property at a price and subject to such terms and conditions as the Board shall deem appropriate. No such sale or transfer shall be effective unless authorized by a resolution signed by two-thirds (213) of each class of members. 3. Article VIII, Section 6. The first sentence of Article VIII, Section 6 shall be deleted and replaced with the following: So long as the Common Property is owned by the Association, the Common Property shall be maintained in accordance with the following conditions and rules: Page 10 02/16/2007 15:44 IFAX flax@premtitle.eom + Jill 0003/005 r, IN WITNESS WHEREOF, the Board, through its President, has executed this First Amendment to Declaration this ^'day of December, 2006. HERITAGE WOODS ESTATES SECOND ADDITION 140MEOWNERS ASSOCIATION By Cyn 'a L. Dawson Its: Pxesident STATE OF Mn TNESOTA ) 5S. COUNTY OF The foregoing instrument was acknowledged before me this day of December, 2006, by Cynthia L. Dawson, the President of Heritage Woods Estates Second Addition Homeowners Association, a Minnesota non-profit corporation, on behalf of the corporation. Notary Publfc This instrument was drafted by: WILKERSON & HEGNA, P.L,L.P. One Corporate Center III, Suite 300 7300 Metro Boulevard Edina, MN 55439 9221) 897,1707 M-,\KRSU4405 Hcritage WoodsTirst Amd to Dcolot don 2.doc 04 e..erme+•d AMINATi`A JAGNE-BM Notary Pub1b • M 89Dta My GwmWdon F asjm 9t, 2011 Page 11 02/16/2007 15:44 IFAX fax@premtitle.com Jill a004/005 EXH I B I T A Lots I. through 5, inclusive,. Block 1; Lots 1 through 22, inclusive, ,131ock 2; Lots 1 through 23, inclusive, block 3; Lots I through 12, inclusive, 131ock 4; All in HEHITAGM. WOODS ESTATES SECOND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, 0 Page 12 02/16/2007 15:44 IFAX fax@premtitle.com + Jill IaOO5/005 LV L OUILOT A, HERITAGE WOODS ESTATES SECOND ADDITION, accordin! to the recorded plat thereof. Hennepin County, Minnesota, Page 13 HERITAGE WOODS ESTATES SECOND ADDITION HOMEOWNERS ASSOCIATION SECOND AMENDMENT TO DECLARATION WHEREAS, a Declaration of Covenants, Conditions and Restrictions for Heritage Woods Estates Second Addition Homeowners Association was filed for record in the Office of the Recorder for Hennepin County, Minnesota on January 18, 1990 as Document No. 5618220 and a First Amendment to Declaration was filed for record in the Office on February 15, 2007, as document 8938208 (collectively, the "Declaration"); and WHEREAS, by a Consent, the form of which is attached hereto as Exhibit A, duly signed and approved by not less than seventy-five percent (75%) of the Members of the Association (the Members"), the Members have authorized and directed the Board of Directors (the "Board") of Heritage Woods Estates Second Addition Homeowners Association (the "Association") to amend the Declaration as stated herein; NOW, THEREFORE, the Board hereby declares that the Declaration is hereby amended upon the terms and conditions stated herein: L - -Definitions z,.Terms used herein shall have the same meanings as in the Declaration, unle'ss'`the context otherwise requires. MC119 r f3Lf t fRai14, aP F °r'8`x 2. "`` 3 ti Se taon;.ls Rhe-rst paragraph in Article III, Section 1 of the Declaration shall be deleted m its e replaced by the following: For as long as the Association owns the Common Property, every Owner shall have a non-exclusive easement of use for recreational purposes, subject to the obligations of maintenance, protection and preservation therewith, in and to the Common Property which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 3. Article III, Section 1(d). Article III, Section 1(d) of the Declaration shall be deleted in its entirety and replaced by the following: d) The right of the Association to sell or transfer all or any part of the Common Property to a third party purchaser at a price and subject to such terms and conditions as deemed appropriate in the sole discretion of the Board. Upon the Page 14 Page 1 closing and recording of a deed evidencing such sale or transfer of the Common Property, the Common Property shall be irrevocably released from and no longer subject to, any easements, restrictions, covenants, conditions and provisions of the Declaration. 4. Approvals. The Board may obtain all necessary approvals to effectuate the sale of the Common Property IN WITNESS WHEREOF the Board, through its President, has executed this Second Amendment to Declaration this Z3day of ;,, e , 2008. HERITAGE WOODS ESTATES SECOND ADDITION HOMEOWNERS ASSOCIATION By: '1N `p Print Name: Ake &-Ve5001V Its: President STATE OF MINNESOTA ) ss. COUNTY OF A! ) The foregoing instrument was acknowledged before me this day of J (Nr',2— , 2008, byKiK -e— Pro (D'Y-\ the President of Heritage Woods Estates Second Addition Homeowners Association, a Minnesota non-profit corporation, on behalf of the corporation. This instrument was drafted by: WILKERSON & HEGNA, P.L.L:P. One Corporate Center III, Suite 300 7300 Metro Boulevard Edina, MN 55,439 952) 897-1707 M:UKB\24405 Heritage Woods\2nd Amd to Declaration.doc Nor P blic JOYCE E. KQB1 Nary public Minnesota 3 Page 15 Page 2 22Z128 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERITAGE WOODS ESTATES SECOND ADDITION HOMEOWNERS ASSOCIATION THIS DECLARATION made as of this 2nd day of January, 1990 by GRAHAM DEVELOPMENT CO., a Minnesota corporation, 1000 Shelard Parkway, Suite 270, Minneapolis, Minnesota 55426 hereinafter referred to as "Developer"). RECITALS: FIRST: Developer is the owner of the real property described on Exhibit A attached hereto ("Property"). SECOND: Developer is the owner of the real property described on Exhibit H attached hereto ("Common Property"). THIRD: Developer deems it desirable for the community to be created on the Property to have the right to use the Common Property as set forth herein. FOURTH: Developer intends that continued maintenance of the Common Property shall be the responsibility of a homeowner's association established for the Property and that such homeowner's association shall take fee title to the Common Property. NOW, THEREFORE, Developer declares that the Property shall be held, transferred, sold, conveyed, occupied and used together with and . subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title or interest in the Property hereinafter described or any part thereof, their heirs, successors and Page 16 222128 assigns, and shall inure to -the benefit of each owner thereof as defined below). ARTICLE I Definitions Section 1. "Association" means and refers to the Heritage Woods Estates Second Addition Homeowners Association, its successors and assigns. Section 2. "Owner" means and refers to the record owner, whether one or more persons or entities, of the fee simple title to any Lot (as defined below) subject to the Declaration, but shall not mean or refer to the mortgagee of any such Lot unless and until such mortgagee has acquired title pursuant to foreclosure of said mortgage and the period within which the fee owner may redeem from such foreclosure has terminated. Where any such Lot is being sold by the fee owner to a contract vendee who is entitled to possession of the Lot, the contract vendee shall be considered the "Owner" of the Lot upon furnishing adequate proof to the Association. Section 3. "Property" means and refers to that certain real property legally described on Exhibit A attached hereto. Section 4. "Common Property" means and refers to that certain real property legally described on Exhibit H attached hereto, including all improvements and structures constructed or to be constructed thereon. Section 5. "Lot" means and refers to any plot of land shown upon any recorded plat or subdivision map of the Property, whenever such plat or subdivision map, as amended, replatted or further subdivided, shall be made of record. 2- Page 17 222128 Section 6. "Developer" means and refers to GRAHAM DEVELOPMENT CO., a Minnesota corporation, its successors and assigns. Section 7. "Member" means all Owners who are members of the Association as provided in Article IV hereof. Section 8. "Mortgage" means any mortgage or other security instrument by which a Lot or any part thereof is encumbered. Section 9. "Mortgagee" means any person named as the Mortgagee under any such Mortgage or any successors to the interest of -such person under such Mortgage. ARTICLE II Property Subiect to this Declara 'nr, Section 1. Property. The Property is and shall be held, transferred, sold, conveyed, occupied and used subject to the terms and conditions of this Declaration. Section 2. Common Property. The Common Property shall be sold, transferred and conveyed to the 'Association for the common use, enjoyment and maintenance of the Owners in accordance with the Articles of Incorporation and Bylaws of the Association and in accordance with the terms and conditions hereof. ARTICLE III General ROhl`-`--S Section 1. Owners' a Ment of Enjoyment, Common Property. Every Owner shall have a non-exclusive easement of 3- Page 18 22Z128 use for recreational purposes, subject to the obligation of maintenance, protection and preservation therewith, in and to the Common Property which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a) The right of the Association to charge reasonable charges and other fees for the use, enjoyment, maintenance, repair and protection of any improvements situated upon the Common Property. b) The right of the Association to suspend the voting rights of an Owner for any period during which any assessment against that Owner's Lot remains unpaid. c) The right of the Association to dedicate or transfer all or any part of the Common Property to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded. Section 2. Delegation of Use. Any Owner may delegate, in accordance with the Bylaws of the Association, his or her right of enjoyment to the Common Property to the members of 'his family, his tenants, or contract purchasers who reside on the property. 4- Page 19 22Z128 ARTICLE IV Cembersh,_pp and Voting Rights --Association Section 1. Membership. Each Owner of a Lot which is subject to assessment by the Association shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of such Lot. Section 2. Voting Rights. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners of one or more Lots, except Developer. Each Class A member shall be entitled to one vote for each Lot owned by such Class A member. When more than one person owns any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member shall be the Developer. The Class B member shall be entitled to three votes for each Lot owned by it. The Class B membership shall cease and be converted to Class A membership upon completion of the purchase of a Lot from Developer and construction of a residence thereon, in which event the Owner of such Lot shall be entitled to vote as a Class A member and the Class B member shall no longer be entitled to any vote with respect to that Lot. 5- Page 20 b 22Z128 ARTICLE V Covenant for Maintenance Assessments Section 1. Creation of the jp-n and Personal Qb1j,Qation of Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association 1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. In consideration for initial improvement of the Common Property by the Developer, no assessments shall accrue with respect to any Lot so long as such Lot is owned by the Developer. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to the successors in title of such Owner unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the maintenance, improvement, preservation and protection of the Common Property. . Section 3. Annual Assessment. Unless otherwise provided for herein or in the Articles and Bylaws of the Association, 6- Page 21 22Z128 the members of the Association shall set at the Association's annual meetings the annual assessment to be paid by each Owner. In the event an annual meeting is not held each and every year, the last annual assessment prescribed by. the members of the Association shall continue for each succeeding fiscal year of the Association as provided for in the Association's Bylaws until the next annual meeting of `-the members of the Association at which a new annual assessment is approved. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a special meeting duly called for this purpose. Section 5. Notice and Quorum fQr Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any -action authorized under Section 4 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum 7 - Page 22 222128 is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Section 7. Dgte of Commencement of Annual A,,sessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Property. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The members of the Association shall fix the amount of the annual assessment against each Lot in advance of each annual assessment period as otherwise provided for herein, except that the initial annual assessment for each Lot shall be Twenty-five and no/100 Dollars ($25.00) per Lot, which sum shall remain fixed until the first annual membership meeting of the Association. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable. charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. am Page 23 222128 Section 8. Effect of NQnpavment of Assessments: Remedies Qf the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of a) the prime. rate of interest announced from time to time by Norwest Bank Minnesota, N.A., or b) the maximum rate permitted by law. The Association may bring an action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. The Association shall be entitled to recover its attorneys' fees in the event it prevails in any action to recover any assessments and interest due thereon. No Owner may waive or otherwise escape liability for t•he assessments provided for herein by non-use of the Common Property or abandonment of his.or her or its Lot. Section 9. Subordination of the Lien to Mortgages. The lien of, the assessments provided for herein shall be subordinate to the lien. of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to installments which became due prior to the effective date of such sale or transfer. No sale' or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI Common Property Section 1. PUK20Sg. The Common Property shall be conveyed to the Association for the use, enjoyment and benefit of all the Owners of Lots in the Property. 9- Page 24 222128 ARTICLE VTI Notice To First Mortgagees Section 1. Mortgagee's Rights. Notwithstanding any other provisions of this Declaration; the Articles of Incorporation or the By -Laws of the Association, the provisions of this Article VII shall control and in the event of a conflict between the provisions of this Article and the provisions of such Declaration, Articles, or By -Laws, the provisions of this Article shall control. Section 2. Notice of Default,. Any Mortgagee holding a first Mortgage on a Lot that has previously filed a written request with the Association shall be entitled to written notification of any default by the mortgagor or Owner of such Lot, or his, or her, or its, or their, heirs., successors, or assigns, in the payment of any assessments or the performance of any other duties or obligations herein set forth which shall have remained in default for a period of thirty (30) days or more. The neglect or failure of the Association to tender such notice to the Mortgagee shall toll the running of any time limits applicable to the procedure for the collection of such assessment or -remedies available to the Association on account of such default. Section 3. Consent Rpg1i, red. Without the prior written approval of the City of Plymouth and a majority of the Members entitled to vote, the Association shall not be entitled to: a) Change the method of 'determining the obligations, assessments or other charges which may be levied against a Lot; and 10- Page 25 22Z120 b) by act or omission, change, waive or abandon the scheme of maintenance of the Common Property as hereinabove :.et forth. ARTICLE VIII General Prov nl Section 1. Duration. The covenants, restrictions and easements o: this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association in its own right and/or by the owner of any Lot sub;ect to the Declaration, his or her respective legal representatives, heirs, successors and assigns, for a term of twenty (20) years from the date this Declaration. is recorded; after which time said covenants, restrictions and easements shalt be automatically renewer: for successive periods of ten 10) years. Secticn 2. Menden n fiu.. The covenanks and restrictions of this Declaration may be amended by an instrument .signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be,properiy recorded. balance of page intentionally left blank) 11- Page 26 22z12a Section 3. Enfoggement. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants; and failure by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 4. Notices. Any notice required to be sent to any Member of the Association or to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of such Member or Owner appearing on the records of the Association at the time of such mailing. Section 5. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect. Section 6. Required Provision for Benefit of City of Plymouth. The Common Property shall be maintained in accordance with the following conditions and rules: a) If, in the opinion of the City Council of the City of Plymouth, expressed in a resolution, the Association has failed to provide: adequate maintenance and repair of any streets within the Property which have not been dedicated to public use; adequate snow removal from any said streets; adequate control of surface water drainage; adequate construction, and/or maintenance and 12- Page 27 22Z128 repair of any sanitary sewer, storm sewer, water supply system, or other public utilities the construction, and/or maintenance and repair of which are the responsibility of the Association or the Owners of Lots; or adequate care of the Common Property; then duly authorized agents of. the City of Plymouth may enter upon the Common Property and perform such: street maintenance and repair; snow removal from streets; control of surface water drainage; maintenance and repair of sanitary sewer, storm sewer, water supply system or other public utilities; as the City Council of the City of Plymouth shall have deemed necessary to preserve the health, safety and welfare of the residents of the Property or of the City of Plymouth. b) If the City of Plymouth performs maintenance or makes repairs pursuant to this Declaration or constructs any public improvements pursuant to the laws of the State of Minnesota, then the City may assess the cost of said maintenance or repairs or public improvement directly against the benefited Lots, or the City may assess the Common Property for the cost of said maintenance or repairs, or public improvement. If the City assesses the Common Property for the cost of said maintenance or repairs, then the Association or the Owners of Lots shall levy a special assessment against the Lots to defray the total amount of the City assessment. Said special assessment need not have the consent of the Owners, occupants or Owner/tenants. 13- Page 28 LLGIZd c) The title of the Association and the Owners of Lots in and to the Common Property is hereby made subject to a non-exclusive easement in favor of the City of Plymouth for the purpose of ingress and egress for police, fire rescue and other emergency calls, animal control, health and prospective inspection and to provide to the Owners other public services deemed necessary by the City of Plymouth, and for the purposes set forth herein. d) The cost of any work performed by the City of Plymouth pursuant* to this Declaration shall be assessed pursuant to the above provisions. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as of the day and year first above written. GRAHAM-_/EVEL VME 0. a bota {corp ra ion Thomas J. Grafam Its President 14- Page 29 1 224128 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this eday of January, 1990, by Thomas J. Graham, President of Graham Development Co., a .Minnesota corporation, on behalf of said cor oratio F[fud, ,M.Rof wd r NOTARY PUBLIC — MINNESOTA ANOKA COUNTY My Commission Expires Dec. 2, 1990 Nota r PUb 11 C THIS INSTRUMENT DRAFTED BY: MOSS & BARNETT (JJO/AMP) A Professional Association 4800 Norwest Center 90 South Seventh Street Minneapolis, MN 55402-4119 Telephone: (612) 347-0300 15- Page 30 22Z128 Lots 1 through 5, inclusive, Block 1; Lots 1 through 22, inclusive, Block 2; Lots 1 through 23, inclusive, Block 3; Lots 1 through 11, inclusive, Block 4; All in HERITAGE WOODS ESTATES SECOND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Page 31 22Z128 OUTLOT A, HERITAGE WOODS ESTATES SECOND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota. Page 32 N128 THE UNDERSIGNED, General Electric Capital Corporation, a Delaware corporation, as owner and holder. of that certain Mortgage dated as of November 17, 1989, and filed on November 29, 1989, in the office of the Hennepin County Recorder, Minnesota, as Document No. 5600686, does hereby consent to the terms, conditions and covenants in the foregoing Declarations of Covenants, Conditions and Restrictions for Heritage Woods Estates Second Addition Homeowners Association, and agrees that the lien of said mortgage and the interest of the mortgagee therein is subject and subordinate to the terms, conditions and covenants contained in said Declarations of Covenants, Conditions and Restrictions, IN WITNESS WHEREOF, the undersigned, has caused this Consent of Mortgagee to be duly executed this day of , 19___.. GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation By Its STATE OF ) as. COUNTY OF ) Subscribed and sworn to before me this day of , 19__, by , the of GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, on behalf of the corporation. Notary Public Page 33 LLLC ' THE UNDERSIGNED, Commercial Excavating, Inc., a Minnesota corporation, as owner and holder of that certain Mortgage dated as of November 17, 1989, and filed on November 29, 1989, in the office. of the Hennepin County Recorder, Minnesota, as Document No. 5600686, does hereby consent to the terms, conditions and covenants in the foregoing Declarations of Covenants, Conditions and Restrictions for' Heritage Woods Estates Second Addition Homeowners Association, and agrees that the lien of said mortgage and the interest of the mortgagee therein .is subject and subordinate to the terms, conditions and covenants contained in said Declarations of Covenants, Conditions and Restrictions, IN WITNESS WHEREOF, the undersigned has caused this Consent of Mortgagee to be duly executed this day of , 19_. COMMERCIAL EXCAVATING, INC., a Minnesota corporation By Its STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Subscribed and sworn to before me this day of , 19_, by Robert 'H. Enebak, the President of COMMERCIAL„EXCAVATING, INC., a Minnesota corporation, on behalf of the corporation. Notary Public Page 34 CITY OF PLYMOUTH RESOLUTION 2008 - APPROVING AMENDMENTS TO THE DECLARATION OF COVENANTS AND APPROVING QUIT CLAIM DEED FOR HERITAGE WOODS ESTATES 2" d ADDITION 2008060) WHEREAS, the Heritage Woods Estates 2"d Addition Homeowner's Association has requested amendments to the Declaration of Covenants for Heritage Woods Estates 2"d Addition; and WHEREAS, the Heritage Woods Estates 2nd Addition Homeowner's Association has requested a quit claim deed of all rights, title, and interest the City of Plymouth has in easements created by the Declaration of Covenants over an upon Outlot A, Heritage Woods Estates 2"d Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the Mayor and City Manager to execute the instrument consenting to amendments and quit claim deed for Heritage Woods Estates 2' Addition. ADOPTED by the City Council this ** day of ****, 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 , 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 35 CITY OF PLYMOUTH DENYING AMENDMENTS TO THE DECLARATION OF COVENANTS AND DENYING QUIT CLAIM DEED FOR HERITAGE WOODS ESTATES 2nd ADDITION (2008060) WHEREAS, the Heritage Woods Estates 2"d Addition Homeowner's Association has requested amendments to the Declaration of Covenants for Heritage Woods Estates 2" Addition; and WHEREAS, the Heritage Woods Estates 2nd Addition Homeowner's Association has requested a quit claim deed of all rights, title, and interest the City of Plymouth has in easements created by the Declaration of Covenants over an upon Outlot A, Heritage Woods Estates 2nd Addition. 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 for amendments to the Declaration of Covenants and the request for quit claim deed for Heritage Woods Estates 2nd Addition. ADOPTED by the City Council this * * day of * * * *, 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 , 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 36