HomeMy WebLinkAboutCity Council Packet 04-30-2002 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, April 30, 2002
Immediately following Board of Appeal and Equalization)
Council Chambers
1. Call to Order
2. Discuss Water Issues:
2.1 Impact on Aquifer
2.2 Overview of water system and future treatment needs
2.3 Taste of the water
3. Consideration of offer to purchase City owned property at
17825 County Road 24 (Councilmember Johnson)
4. Establish future study sessions
5. Adjourn
Agenda Number:
CITY OF PLYMOUTH
CITY COUNCIL AGENDA REPORT
DATE: April 26, 2002 for the City Council Meeting of April 30, 2002
TO:Dwight D. Johnson, City Manager
AanielFROM: L. Faulkner, P.E. Director of Public Works
SUBJECT: STATUS OF WATER SUPPLY AND DISTRIBUTION SYSTEM
At the April 30, 2002 special City Council meeting two important elements of Plymouth's water
supply and distribution system will be discussed, i.e., the available water in the city's aquifers
and the taste of this treated water for our residents. The City's engineering consultant,
Bonestroo, Rosene, Anderlik and Assoc., Inc., (BRA) will have representatives at the study
session to present information on these two topics.
Several important water and sewer projects were included in the adopted Capital Improvements
Program (CIP), 2001 — 2006, and staff is moving ahead with the necessary studies and analyses
which will lead to these Capital Improvement Projects. Attached is a copy of the annual
Plymouth Water System Report that is mailed to all Plymouth residents which contains detailed
information about the necessary tests done on our water supply. In addition, the water and sewer
staff take several well readings at all of the City's wells throughout the year to determine the
water level. These "drawdown" records have shown that, in general, the level of water in our
wells has been progressively lower over the past several years during high usage times, but
Winter readings have shown that the water levels generally are returning to a constant level.
While this is by no means a conclusive scientific study, these results do imply that while our
aquifer supplies are being taxed more heavily during Summer high usage periods, it appears that
they are being adequately recharged during low use.
As you are aware, we do have a commitment from the City of Maple Grove to supply Plymouth
with an additional supply of water if needed this Summer similar to last Summer and at the same
cost per 1,000 gallons. In addition, staff has met with BRA staff to discuss what steps are
necessary to assure that we have our own adequate supply of water. We have authorized BRA to
begin the analysis of identifying potential well sites in the Zachary plant area. The two potential
sites for Well No's 14 and 15 identified in the Comprehensive Plan are near 45th Avenue and
Nathan Lane (southeast) where the City owns an outlot parcel and also near Rockford Road and
Lancaster Lane (southeast) where an easement would be necessary from the Four Seasons
Shopping Center. The consultant will determine where a potential well could be drilled, we will
then hire a drilling company to drill a test well to provide some assurance that a full size
NApw\Engineering\GEN ERAL\MEMOS\DAN F\2002\Status_WtrSupply_Dist.doe
SUBJECT: STATUS OF WATER SUPPLY AND DISTRIBUTION SYSTEM
Page 2
production well could be constructed in these areas. If we receive positive results, we will
proceed with construction of at least one new well in this area later this summer.
Other important CIP projects indicated in 2002 include the upgrade and expansion of the
Zachary Treatment Plant. Prior to proceeding with those improvements, a water treatment plant
Optimization Study will be completed by our consultant BRA The goal of this study is to
determine the optimum capacity of the existing Zachary Treatment Plant. The results of this
study will help determine more specifically the necessary timing of the plant upgrade and
expansion. A needs analysis for upgrading the Central Water Treatment Plant will begin later
this year with the upgrade work anticipated to take place in 2003.
One of the most important water supply questions which needs some additional analysis is the
possibility of combining our water distribution system with Maple Grove's. This possibility has
been discussed with the City Council previously, but before either City can commit to any type
of an agreement, both Cities need to know the ability of their water system to deliver and accept
water. Since BRA has completed the water distribution and supply plans for both Maple Grove
and Plymouth as part of our Comprehensive plans, they have been requested to complete an
analysis of the combined systems using their water distribution system computer models in a
combined fashion. This study will answer the following important questions:
1. What cost effective alternatives exist for Plymouth and Maple Grove to share
water system facilities?
2. What is the capacity of the existing Plymouth and Maple Grove distribution
systems to transfer water between cities and at what locations?
3. What improvements are required to transfer water between communities?
Completion of this study is necessary before we proceed with our 6 million gallon ground
storage facility to assure a proper and efficient design for this facility as well as the watermain
connections between our cities.
The last water related CIP element for 2002, which still needs to be addressed, is The Water
System Pressure Enhancement Program. Staff has discussed this project with BRA, and they
will be submitting a proposal in the near future.
Daniel L. Faulkner, P.E.
Director of Public Works
attachment
N:\pw\Engineering\GENERAL\MEMOS\DANF\2002\Status_ WtrSupply_Dist. doe
CITY OF
PLYMOUTR
April 26, 2002
3
I am adding to the agenda of the special council meeting of April 30, 2002, immediately following the
Board of Review, the following topic:
Consideration of offer to purchase City owned property at 17825 County Road 24
PLYMOUTH A Beautifu(Piace To Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
KMa"^W www.d.plymouth.mn.us
DATE: April 26, 2002
TO: Mayor and City Council
FROM: Dwight D. Johnson
SUBJECT: Purchase Offer for 17825 County Road 24
The purchase offer that the City received on Thursday, April 251h for this property had
two major contingencies: (1) that the property be rezoned to P -I (Public/Institutional),
and (2) that 40' of the lot to the south be combined with this property in a lot re -division
process. The following is not a detailed analysis of the zoning or lot division request, but
is meant as a beginning point for discussion at the meeting to determine if we want to
consider approving this offer with these contingencies. With this in mind, here are some
pros and cons that we have identified. They are not necessarily in any particular order.
Pros
Single family residential may not be a good land use for such a busy corner of two
county roads.
P/I might be a better, more compatible alternative use than office or small retail.
We have a good offer for a less than ideal house on a difficult site.
Family Hope Services will bring an important community service to the area and
has a proven track record.
Family Hope Services would plan for good transitions to the neighborhood by
leaving as many trees as possible, controlling its hours of operation, providing
landscaping and fencing, etc.
The lot re -division would help insure good transition space to the residential area as
well as allow Family Hope Services to accomplish its mission successfully.
Cons
The proposed use might detract from the residential nature of the area because of
occasional large group meetings and parking requirements.
The proposed lot division might detract significantly from the value of the house to
the south.
The proposed lot division might complicate the current listing of the house to the
south.
The rezoning may create significant neighborhood opposition to an important
community group.
Family Hope services will ask for driveway access to County Road 24.
A number of trees may be affected.
A viable alternative site may be available near our water tower area on 101.
The rezoning would be an instance of "spot" zoning.
The City just sold the property across the street with no representation that a
rezoning and change of use may occur on this property.
What might go in under P/I zoning if Family Hope Services would eventually move
out?
It"
f) [RD 2A
NEW m m m momw 0
7,75T51TOTAL SQ. FT. 1; 40'
X
Ida
7825,X, -- Art 4L
1 0
FH S'skleS's purchase agree - proposed North 40 feet of 3030 Co.Rd.101.
I 40
Proposed Taking 8,000 Sq.Ft.
k"J an
F H
10
44
CI, I
r
L 3030
PURCHASE AGREEMENT
This form approved by the Minnesota Association of
REALTORS®, which disclaims any liability
arising out of use or misuse of this form.
2000, Minnesota Association of REALTORS®, Edina, MN
1. Date APRIL 22, 2002
2. Page 1 of
3. RECEIVED OF FAMILY HOPE SERVICES
4.
5. the sum of TWO THOUSAND AND---NO/00 Dollars ($ 2.000.00 )
6. by CHECK / CASH / NOTE as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on orwoka"'/-------
7. before the third business day after acceptance, In the trust account of listing broker but to be returned to Buyer If Purchase
8. Agreement In not accepted by Seller. Said earnest money is part payment for the purchase of the properly located at:
9. Street Address: 17825 CO. RD. 24
10 City of PLYMOUTH County of HENNEPIN Stale of Minnesota,
11. Legally described as: UNPLOTED 19 118 ( al TO ONFORM TO THF ABOV OF THE LOT
12. TO THE SOUTH (3030 CO. RD. 101)
13. including the following properly, If any, owned by Seller and used and located on said properly: garden bulbs, plants, shrubs, and
14. trees; storm sash, storm doors, screens and awnings; window shades, blinds, traverse and curtain and drapery rods; attached lighting
15, fixtures and bulbs; plumbing fixtures, water healer, healing plants (with any burners, tanks, stgh4p6pnd other equipment used In
16. connection therewith), built-in air conditioning equipment, electronic air filler, water softens OWNE"RENTED /NONE, built-in
cecb oxJ-
17. humidifier and dehumidifier, liquid gas tank and controls (if the properly of Seller), sump pump; attached television antenna, cable TV jacks and
18, wiring; BUILT-INS: dishwashers, garbage disposals, trash compactors, ovens, cook lop stoves, microwave ovens, hood fans, intercoms;
19. ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and heatilators; AND: the following20. personal properly:
21.
22.
23. all of which properly Seller has this day agreed to sell to Buyer for sum of: ($ONE HUNDRED THIRTY FIVE THOUSAND AND NO/00------ )
24. - -- -- - - Dollars,
25. which Buyer agrees to pay in the following manner: Earnest money of $2,000.00
26. and $ 133.000.00 cash on OR BEFORE JULY 9, 2002 the dale of closing, and
27. the balance of $ -0- by financing in accordance with the attached addendum:
28. Conventional FHA DVA Assumption Corrbact for Deed Purchase Money Mortgage Other. CASH SALE0"W a4 Me! oOPN)------ _............._.
29. This Purchase Agreement ISIS N _ ubject to a Contingency Addendum for sale of Buyer's property. (If answer is IS, see attached addendum.)
30. (If answer is 18 NOT, the closing of Buyer's properly, if any, may still affect Buyer's ability to obtain financing, if financing is applicable.)
31. This Purchase Agreement IS /SNOT ubjecl to cancellation of a previously written Purchase Agreement dated
32. Buyer has been made aware of the availability of properly inspections. Buyer elects decllne to have a properly inspection performed at
33. Buyer's expense. This Purchase Agreement IS /NO ubJecl to an Inspection Addendum. (If answer is 18, see attached addendum.)
34. DEEDIMARKETABLETITLE: Upon performance by Buyer, Seller shall deliver a Warranty Deed or Other: Deed
35. joined in by spouse, if any, conveying marketable title, subject to:
36. (A) Building and zoning laws, ordinances, slate and federal regulations; (B) Restrictions relating to use or improvement of the
37. properly without effective forfeiture provisions; (C) Reservation of any mineral rights by the Stale of Minnesota; (D) Utility and
38. drainage easements which do not interfere with existing improvements; (E) Rights of tenants as follows (unless specified, not
39. subject to tenancies):
40. (F) Others (Must be specified In wrifing)'.
41. BUYER SHALL PAY / ELLER SHALL PAY on dale of closing any deferred real estate taxes (i.e. Green Acres, etc.) or special
42. assessments, payment of which is required as a result of the closing of this sale.
43. BUYER AND SELLER SHALL PRORATE A8 OF THE DATE OF CLOSING ELLER SHALL PAY ON DATE OF CLOSING all installments
dck , _
44. of special assessments certified fo ymenl wit he real estate taxes due and payable in the year of closing.
45. BUYER SHALL ASSUME SELLER SHALL PAY on ate of closing all other special assessments levied as of the dale of this Agreement.
46. BUYER SHALL ASSUME SE R ALL PROVIDE FOR PAYMENT special assessments pending as of the date of this Agreement
47. for improvements that have been ordered by any assessing authorities. (Seller's provision for payment shall be by
48. payment into escrow of two (2) times the estimated amount of the assessments, or less as required by Buyers lender.)
49. Buyer shall pay any unpaid special assessments payable in the year following closing and thereafter, the payment of which is not otherwise
50. herein provided.
51. As of the dale of this Agreement, Seller represents that Seller HAS HAS NOT calved a notice regarding any new improvement
ox
52, project from any assessing authorities, the costs of which project may be assessed against the properly. Any such notice
53. received by Seller after the dale of this Agreement and before closing will be provided to Buyer Immediately. If notice of a pending
54. speclaI ssmenI is Issued after the dale of this Agreement and on or before the dale of closing, Buyer shall assume payment of
55. ALL NO /OTHER: of any such special assessments, and Seller shall provide for payment on dale of
cvo/-
56, dosing ALL IONE OTHER: of any such special assessments. If such special assessments
57. or escrow amounts for said special assessments as required by Buyer's lender shall exceed $ then either
58. party may agree in writing on or before the dale of closing to assume, pay or provide for the payment of such excess. In the absence of
59. such agreement, either party may declare this Purchase Agreement null and void; the parties shall immediately sign a cancellation of
60. Purchase Agreement and all earnest money paid hereunder shell be refunded to Buyer.
MN:PA-1 (9/00)
PURCHASE AGREEMENT
61. Page 2
62. TITLE 6 EXAMINATION: Within a reasonable time after acceptance of this Agreement, Seller shall provide
63. evidence of title, which shall include proper searches covering bankruptcies, state and federal judgments and liens,
64. and levied and pending Special Assessments to Buyer or Buyer's designated title service Provider, as follows:
65. If property Is abstract, Seller shall provide: (1) a commitment for an owner's policy of title insurance on a current
66. ALTA form issued by an insurer licensed to write title insurance in Minnesota. If the Seller chooses to provide an
67. owner's policy of title insurance rather than update an abstract of title, Seller shall pay the entire premium, title
68. examination fee and the costs of evidence of title for such title insurance policy if no lender's policy is obtained; or
69, only the additional cost of obtaining a simultaneously issued owners policy if a lender's policy is obtained. (Buyer
70. shall pay the premium and the title examination fee for the lender's policy); or (2) an abstract of title certified to date.
71. If Seller chooses to update an abstract, Seller shall pay for all abstracting fees. Seller shall surrender any abstract in
72. Seller's possession or control to Buyer at dosing.
73. If property Is Torrens, Seller shall provide, at Buyer's option and request, either (1) a Registered Property Abstract
74. (RPA) certified to date; or (2) a commitment for an owner's policy of title insurance on a current ALTA form issued by75. an insurer licensed to write title insurance in Minnesota. Seller shall be responsible to pay, under either option, only
76, those costs necessary to prepare the RPA or commitment. Buyer shall, at buyer's option, pay for either the Attorney's
77. Opinion or the title insurance premium and examination fee.
78. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event Seller has not
79. provided marketable title by the date of closing, Seller shall have an additional 30 days to make title marketable or, in
80. the alternative, Buyer may waive title defects by written notice to the Seller. In addition to the 30 day extension,
81. Buyer and Seller may by mutual agreement further extend the closing date. Lacking such extension, either party
82. may declare this Purchase Agreement null and void; neither party shall be liable for damages hereunder to the other
83. and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a cancellation of Purchase
84. Agreement.
85. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay
86, all subdivision expenses and obtain all necessary governmental approvals. Seller warrants the legal description of
87. the real property to be conveyed has been or will be approved for recording as of the date of closing. Seller warrants
88. that the buildings are or will be constructed entirely within the boundary lines of the property. Seller warrants
89. that there is a right of access to the property from a public right of way. These warranties shall survive the delivery of
90. the deed or contract for deed.
91. Seller warrants that prior to the closing, payment in full will have been made for all labor, materials, machinery,
92. fixtures or tools furnished within the 120 days immediately preceding the closing in connection with construction,
93. alteration or repair of any structure on or improvement to the property.
94. Seller warrants that Seller has not received any notice from any governmental authority as to condemnation
95. proceedings, violation of any law, ordinance or regulation. If the property is subject to restrictive covenants, Seller
96, warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any
97, such notices received by Seller will be provided to Buyer immediately.
98. Seller agrees to allow reasonable access to the property for performance of any surveys or inspections agreed to herein.
99. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing, for
100. any reason including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. If the
101. property is destroyed or substantially damaged before the closing date, this Purchase Agreement shall become null
102. and void, at Buyer's option, and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a
103, cancellation of Purchase Agreement.
104. 71ME OF ESSENCE: Time is of the essence in this Purchase Agreement.
105. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed
106. by the parties, shall constitute the entire agreement between Seller and Buyer, and supercedes any other written or
107. oral agreements between Seller and Buyer. This Purchase Agreement can be modified only in writing signed by
108. Seller and Buyer. All monetary sums are deemed to be United States currency for purposes of this agreement. Buyer or seller may be
109. required to pay certain closing costs which may effectively reduce the proceeds from the sale or increase the cash outlay at closing.
110. ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in
111. writing. The delivery of all papers and monies shall be made at the listing broker's office.
112. DEFAULT: If Buyer defaults in any of the agreements herein, Seller may terminate this Purchase Agreement, and
113. payments made hereunder may be retained by Seller as liquidated damages. If this Purchase Agreement is not so
114. terminated, Buyer or Seller may seek actual damages for breach of this Agreement or specific performance of this
115. Agreement; and, as to specific performance, such action most be commenced within six months after such right of
116. action arises.
MN:PA-2 (9/00)
PURCHASE AGREEMENT
117. Address 17825 CO. RD. 24 PLYMOUTH. MN
118. Page 3 Date_ APRIL, 22 2002
119. Buyer shall pay, RORATED FROM DAYOF CLOSING 12ths, ALL, NONE real estate taxes due and payable in the year 2002
120. Seller shall pa PRORATED TO DAY OF CLOSI12Sa, ALI, NONEreal estate taxes due and payable in the year 2002 If the
121, dosing date is changed, the real es es paid shall, if prorated, be adjusted to the new dosing date. Seller warrants taxes due and
122. payable in the year 2002 will FU PART -NON- homestead classification. H part or roan -homestead claest ication Is circled,
123. Seller agrees to pay Buyer at closing $ A /7
124. toward the non -homestead real estate taxes. Buyer agrees to pay any remaining balance of non -homestead taxes when they become
125. due and payable. Buyer shall pay real estate taxes due and payable in the year following dosing and thereafter, the payment of which is
126, not otherwise herein provided. No representations are made concerning the amount of subsequent real estate taxes.
127. POSSESSION: Seller shall deliver possession of the property not later than RIGHT after closing.
128. All interest, homeowner association dues, rents, fuel oil, liquid petroleum gas and all charges for city water, city sewer, electricity, and
129. natural gas shall be prorated between the parties as of date of dosing. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL
130. PROPERTY NOT INCLUDED HEREIN from the property by possession date.
131, ENVIRONMENTAL CONCERNS: To the best of the Seller's knowledge there are no hazardous substances, or underground storage
132. tanks, except herein noted:
133.
134. SELLER WARRANTS THAT THE PROPERTY IS DIRECTLY CONNECTED TO: CITY SEWER [RI YES NO /CrTYWATER (5YES NO
135.SELLER UYER AGREES TO PROVIDE WATER QUALITY TEST RESULTS F REQUIRED BY GOVERNING AUTHORITY AND/OR LENDER
136. f#ELLER OYER AGREES TO PROVIDE, IF REQUIRED BY THE TERMS OF THIS PURCHASE AGREEMENT OR BY GOVERNING
aol---
137. AUTHORITY ANDIOR LENDER, A LICENSED INSPECTOR'S SEPTIC SYSTEM INSPECTION REPORT OR NOTICE INDICATING IF
138. THE SYSTEM COMPLIES WITH APPLICABLE REGULATIONS. NOTICE: A VALID CERTIFICATE OF COMPLIANCE FOR THE
139. SYSTEM MAY SATISFYTHIS OBLIGATION. NOTHING IN LINES 136TO 139 SHALL OBLIGATE SELLERTO UPGRADE, REPAIR OR
140. REPLACE THE SEPTIC SYSTEM UNLESS OTHERWISE AGREED TO IN THIS PURCHASE AGREEMENT.
141. BUYER HAS RECEIVED THE WELL DISCLOSURE STATEMENT OR A STATEMENT THAT NO WELL EXISTS ON THE PROPERTY,
142. AND A SEPTIC SYSTEM DISCLOSURE STATEMENT OR A 8TATEMENTTHAT NO SEPTIC SYSTEM EXISTS ON OR SERVES THE
143. PROPERTY, AS REQUIRED BY MINNESOTA STATUTES.
144. SELLER WARRANTS THAT CENTRAL AIR CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS U. AND LOCATED C
145. SAI QTY WILL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT A taT- IN THIS AGREEMEN
146. BUYER
HAS
8 THElt1G TO A WALK-THROUGH REVIEW OF THE PROPERTY P CLOSING TO ESTABLISH THAT TF
147. PROPERTY IS IN SUBST THE SAME CONDITION A8 OF THE D PURCHASE AGREEMENT. SELLER AGREE
148. TO NOTIFY BUYER IMMEDIATELY IWWRMNG OF ANY SUBST CHANGES FROM ANY PRIOR REPRESENTATIOII
149. REGARDING THE PHYSICAL CONDITION OFTHItPRGe
150. BUYER ACKNOWLEDGES THAT NO ORAL SENTATIONS BEEN MADE REGARDING POSSIBLE PROBLEMS C
151. WATER IN BASEMENT, OR DAMAGE D BY WATER OR ICE BUILD-U:
ROOF,
OOF OF THE PROPERTY AND BUYER RELIE
152. SOLELY IN THAT REGARD ON OLLOWING STATEMENT BY SELLER:
153. SELLER HAS / HAD A WET BASEMENT AND HAS / HAS NOT HAD WALL OR CEIL AMAGE CAUSED BY WATE
I- -rciob mel -
154. OR IC ILD -UP. BUYER HAS / HAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT.
155. BUYER HAS RECEIVEDTHE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY.
156. NOTICE
157• _D i c- k .5 we 1-s s nn) is Seller's Agen Buyer's Ae:noDual Agent / Non -Agent
r1
158.
159. is Seller's Agent / Buyer's Agent / Dual Agent / Non -Agent
Licensee) ( l --
160.
C -pens)
161. THIS NOTICE DOES NOT SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS.
162. DUAL AGENCY REPRESENTATION
163. PLEASE CHECK J2WOFTHE FOLLOWING SELECTIONS
164. in- Dual Agency representation "SNOrapply in this transaction. Disregard lines 165-178.
165. Dual Agency representation OOESapply in this transaction. Complete the disclosure in lines 166-178.
166. Broker represents both the Seller(s) and the Buyer(s) of the property involved in this transaction, which creates a dual agency. THE
167. means that Broker and its salespersons owe fiduciary duties to both Seller(s) and Buyer(s). Because the parties may have conflictinc
168. interests, Broker and its salespersons are prohibited from advocating exclusively for either party. Broker cannot act as a dual agent in thi:
169. transaction without the consent of both Seller(s) and Buyer(s). Seller(s) and Buyer(s) acknowledge that:
170. (1) confidential information communicated to Broker which regards price, terms, or motivation to buy or sell will remain confidentia
171. unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this information. Other information will be shared
172. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; anc
173. (3) within the limits of dual agency, Broker and its salespersons will work diligently to facilitate the mechanics of the sale,
174. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker and it:
175. salespersons to act as dual agents in this transaction. //J'
QQ
176. A- O f "'-
Seller Buyer
177.
Seller Buyer
178.
MN:PA-3 (9/00)
PURCHASE AGREEMENT
179. Address 17825 CO. RD. 24
180. Page 4 Date: APRIL 22, 2002
181. 1 ACKNOWLEDGE THAT 1 HAVE RECEIVED AND HAD THE OPPORTUNITY TO REVIEW THE ARBITRATION DISCLOSURE
182. RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT.
183. SELLER(S)
184. SELLER(S)
185. OTHERSUBJECT TO: 1. CHANGING THE ZONING TO PI, PUBLICNNTITUTIONAL DISTRICT.
186. 2. FINAL APPROVAL OF THE FAMILY HOPE SERVICES GOVERNING BOARD.
187 3. THE APPROVAL OF THE PLANS AND PERMITS ISSUED FOR THE UPGRADES TO THE PROPERTY AND THE NEEDED ADDITION
188. IN ACCORDANCE WITH THE PLANS TO BE PROVIDED BY FAMI Y HOPE SERVICES AND MEETING PLYMOUTH CITY CODES.
SELLE,a Jyyr; n
169 If .+ts>:.&as not provided e=r w -written notice by July 9, 2002 that all conditions
herein have been fulfilled, this agreement shall be null and void and all earnest money
shall be returned to buyer.
190. Attached are other addenda which are made a part of this Purchase Agreement. (Enter total number of pages of this Purchase
191. Agreement, including addenda, on line 2 of page 1.)
192. 11, the owner d the property, accept this Agrserrea and
193. sutlrorbe the listing broker to teltildr'aw said properly from
194. the market, unless Instructed otherwise In writing.
195. 1 have reviewed all pages of this Purchase Agreement.
196. X
Seller's Signature)
197. X
Seller's Printed Name)
198. X
Social Security Number - optional)
199. X
Seller's Signature)
200. X
Seller's Printed Name)
201. X
Social Security Number - optional)
Date)
I agree to purcheae it* properly for it* price and In accordance
with the firms and condltionm met forth above.
1 have reviewed all pages of this Purchase Agreement
r,4,v l L lzl-lez S-E,cv, c %, c
Buyers Signature) (Date)
X RO f—fFeF
Buyer's Printed Name)
X
Marital Status) (Social Security Number - optional) Marital Status)
X APRIL 22, 2002
Date) (Buyers Signature) (Date)
X
Buyers Printed Name)
X
Marital Status) (Social Security Number - optional)
202. FINAL ACCEPTANCE DATE
203. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
204. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
MN:PA440"
Marital Status)
BUYER PURCHASING
AS IS" ADDENDUM
This frim approved by the Minnesota Association of
REALTORS®, which disclaims any liability arising
out of use or misuse of this form.
02000, Minnesota Association of REALTORS®, Edina, MN
1. Date APRIL 22, 2002
2. Page 5--
3. 3. Addendum to Purchase Agreement between parties dated 04/22 —pertaining to the
4. purchase and sale of the property at 17825 CO, RD. 24 PLYMOUTH, MN 55447
5.
6. CONDITION OF PROPERTY: The property being purchased by Buyer, including the dwelling, other
7. improvements, fixtures, appliances and personal property, is not new, and is being purchased "AS IS"
8. RIGHT AND DUTY OF INSPECTION: Buyer shall have the right and duty to inspect the property or to
9. have them inspected by a person of Buyer's choice, at Buyer's expense. Buyer shall have the right to make
10. a pre-closing inspection of the property, to determine that the property is in the same condition as of the date
11. of this addendum.
12. SETTLEMENT IS FINAL: It is understood the Buyer accepts the property"AS IS" ANY WARRANTIES OF
13. PHYSICAL CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT ARE
14. VOID. The Seller has no further responsibility or liability with respect to the condition of the property. This
15. provision shall survive delivery of the deed or contract for deed.
16. OTHER:
17.
18.
Seller) Date) Buyer) (Date)
Seller) (Date) (Buyer) (Date)
19. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS.
20. IFYOU DESIRE LEGAL ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
MN:BPAIA (9/00)
Addendum to Purchase Agreement
Disclosure of Information on Lead -Based
Paint and Lead -Based Paint Hazards
This form approved by the Minnesota Association of REALTORS®,
which disclaims any liability arising out of use or misuse of this form.
02000, Minnesota Association of REALTORS®, Edina, MN
Date APRIL 22, 2002
Addendum to Purchase Agreement between parties dated 04/22 .20 02 pertaining to the purchase and sale of the property at
17825 CO. RD. 24 PLYMOUTH, MN. 55447
Section I: Lead Warning Statement
Every purchaser of any Interest /n residential real property on which a residential dwelling was built prior to 1978 is notified that such
property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead
poisoning in young children may produce permanent neurological damage, including /earning disabilities, reduced intelligence
quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of
any Interest in residential real property /s required to provide the buyer with any information on lead-based paint hazards from risk
assessments or Inspections /n the seller's possession and notify the buyer ofany known lead-based paint hazards. A risk assessment
or inspection for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosure (initial)
a) Presence of lead-based paint and/or lead-based paint hazards (check one below):
Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
b) Records and reports available to the seller (check one belowr
Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint
hazards in the housing (list documents below).
Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Purchasers Acknowledgment (initial)
c) Purchaser has received copies of all information listed under (b) above.
9 Purchaser has received the pamphlet Protect ?bur Family fiom Lead in Your Home.
e Purchaser has (check one below):
Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the
presence of lead-based paint and/or lead-based paint hazards. (If checked, see Section 11 below); or
5-D Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or
lead-based paint hazards.
Real Estate Licensee's Acknowledgment (initial)
0 Real estate licensee has informed the seller of the seller's obligations under 42 U.S.C. 4852(d) and is aware of
licensee's responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information provided by the
signatory is true and accurate. /
Seller Data PuRfiner Data
sell., Date
Real Estate LJmfuee Dab
Date
Reel Estate L'cenaee ra Date
Section II: Contingency (Initial only iffirst box under Purchaser's Acknowledgment letter (e) above is checked.)
This contract is contingent upon a risk assessment or an inspection of the property for the presence of lead-based paint and/or lead-
based paint hazards to be conducted at the purchaser's expense. The assessment or inspection shall be completed within
ten (10) / calendar days after acceptance of the Purchase Agreement. This contingency shall be deemed
rNCN
removed, andand the Purchase Agreement shall be in full force and effect, unless purchaser or real estate licensee assisting or acting on
behalf of purchaser delivers to seller or real estate licensee assisting or acting on behalf of seller within three (3) calendar days after
the assessment or inspection is timely completed a written list of the specific deficiencies and the corrections required, together with
a copy of any risk assessment or inspection report. If the seller and purchaser have not agreed in writing within three (3) calendar
days after delivery of the written list of required corrections that: (A) some or all of the required corrections will be made; or (B) the
purchaser waives the deficiencies; or (C) an adjustment to the purchase price will be made, the Purchase Agreement shall
automatically be deemed null and void, and all earnest money shall be refunded to the purchaser. It is understood that the purchaser
may unilaterally waive deficiencies or defects, or remove this contingency, providing that the purchaser or the real estate licensee
assisting or acting on behalf of purchaser notifies the seller or real estate licensee assisting or acting on behalf of seller of the waiver
or removal in writing within the time specified.
TLX:SALE (9/00)
ARBITRATION DISCLOSURE AND
RESIDENTIAL REAL PROPERTY
ARBITRATION AGREEMENT
This form approved by the Minnesota Association of
REALTORS®, which disclaims any liability arising
out of use or misuse of this form.
02000, Minnesota Association of REALTORS®, Edina, MN
ARBITRATION DISCLOSURE
You have the right to choose whether to have any disputes about the physical condition of the properly that you are buying or
selling decided by binding arbitration or by a court of law. By agreeing to binding arbitration you give up your right to go to court. By
signing the RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT ("ARBITRATION AGREEMENT') below, you agree to
binding arbitration under the Residential Real Property Arbitration System ("Arbitration System") administered by the American
Arbitration Association (AAA) and endorsed by the Minnesota Association of REALTORS® (MAR). The ARBITRATION AGREEMENT
is enforceable only if it is signed by all buyers, sellers, listing and selling brokers/agents. The ARBITRATION
AGREEMENT is not part of the purchase agreement. Your purchase agreement will still be valid whether or not you sign the
ARBITRATION AGREEMENT.
The Arbitration System is a private dispute resolution system offered as an alternative to the court system. It is not
government sponsored. The AAA and the MAR jointly adopt the rules that govern the Arbitration System. The AAA and the MAR are
not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of the AAA.
All disputes about or relating to the physical condition of the property are subject to arbitration under the ARBITRATION
AGREEMENT. This includes claims of fraud, misrepresentation, warranty and negligence. Nothing in this Agreement limits other
rights you may have under Minnesota Statutes 327A (statutory new home warranties) or under private contracts for warranty
coverage. An agreement to arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state
agency that regulates the real estate profession, about licensee compliance with state law.
The administrative fee for the Arbitration System varies depending on the amount of the claim, but it is more than initial court
filing fees. In some cases, conciliation court is cheaper than arbitration. The maximum claim allowed in conciliation court is $7,500.
This amount is subject to future change. In some cases, it is quicker and less expensive to arbitrate disputes than to go to court, but
the time to file your claim and pre -hearing discovery rights are limited. The right to appeal an arbitrators award is very limited
compared to the right to appeal a court decision.
A request for arbitration must be filed within 18 months of the date of the closing on the property or else the claim
cannot be pursued.
A party who wants to arbitrate a dispute files a Demand, along with the appropriate administrative fee, with the AAA. The AAA
notifies the other party, who may file a response. The AAA works with the parties to select and appoint an arbitrator to hear and decide
the dispute. A three -arbitrator panel will be appointed instead of a single arbitrator at the request of any party. The party requesting a
panel must pay an additional fee. Arbitrators have backgrounds in law, real estate, architecture, engineering, construction or other
related fields.
Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days in advance. A
party may be represented by a lawyer at the hearing if he or she gives 5 days advance notice to the other party and to the AAA. Each
party may present evidence, including documents or testimony by witnesses. The arbitrator must make any award promptly. The
award must be in writing and may require any remedy the arbitrator considersjust and equitable that is within the scope of the parties'
agreement. The arbitrator does not have to make findings of fact that explain the reason for granting or denying an award. The
arbitrator may require the party who does not prevail to pay the administrative fee.
This Arbitration Disclosure provides only a general description of the Arbitration System and a general overview of
the Arbitration System rules. If you have any questions about arbitration, call the AAA at (612) 332-6545 or consult a lawyer.
Copies of the Arbitration System rules are available from the AAA or your REALTOR&
THIS IS AN OPTIONAL,VOLUNTARYAGREEMENT. READTHE ARBITRATION DISCLOSURE ABOVE IN FULL BEFORE SIGNING.
RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT
For the property located at: 17825 CO. RD. 24
City of PLYMOUTH , County of HENNEIN State of Minnesota.
Any dispute between the undersigned parties, or any of them, about or relating to the physical condition of the property covered by the
purchase agreement dated 04/22 .2002 , including claims of fraud, misrepresentation, warranty and negligence, shall
be settled by binding arbitration. The American Arbitration Association shall be the arbitration service provider. The rules, then in
effect, adopted by the American Arbitration Association and the Minnesota Association of REALTORS® shall govern the proceeding(s).
This agreement shall survive the delivery of the deed or contract for deed in the purchase agreement. This agreement is only
enforceable if all parties to the purchase agreement and brokers/agents have agreed to arbitrate as acknowledged by signatures
below.
Sellers sipneture) (Data)
Seller's Pruned Name)
S.We sgroture) (Dale)
Sellar. Primed Name)
Lbtlny W.W/Apanp (Dem)
Company Name)
rfiGr -r %'e-e -_ z l o
Buyers Signature) (Dale)
Buyers Panted Name)
Buyers Signature) Da(e)
Buyer's Printed Nome)
0
Sahinp Brohm/ApM) (Data)
Company Name)
THE RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT
BETWEEN BUYERS, SELLERS AND BROKERS/AGENTS. IFYOU DESIRE LEGAL ADVICE CONSULT A LAWYER.
MN:ADRAA (9/00)
Agenda Number: I
TO: Dwight D. Johnson, City Manager r r /
FROM: Laurie Ahrens, Assistant City Manager U-/
SUBJECT: Set Future Study Sessions
DATE: April 25, 2002, for Council study session of April 30, 2002
1. ACTION REQUESTED: Review the pending study session topics list and, if desired,
establish future special meetings or amend the topics list. The Council is also requested
to provide direction on the notification desired for the May 21 study session with
northwest Plymouth residents.
2. BACKGROUND: The pending study session topics list is attached, along with
calendars to assist in scheduling. In addition, staff would like direction on preparations
for the May 21 study session. The agenda contains two items: 1) Consider Request of
Plymouth Crime and Fire Prevention Fund and Plymouth Lions to allow pull -tabs (both
groups have been notified of the meeting date) and 2) Discuss various topics with
Northwest Plymouth residents. This item originated when Mr. Ludke appeared at a
Plymouth Forum several months ago requesting that the Council schedule a meeting with
a specific group of 25-30 residents in northwest Plymouth. Staff will notify individuals
on this list of the May 21 meeting. Does the Council want a wider notification to other
individuals who have been involved in northwest Plymouth issues?
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Traffic Calming Program (Slavik, Tierney, Johnson)
I-494 Corridor Commission and Highway 55 Corridor Group (Slavik,
Black, Hewitt)
OFFICIAL CITY MEETINGS
April 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
7:00 PM WARD 7:00 PM 7:00 PM HUMAN 9:00 AM YARD
2 MEETING, PLANNING RIGHTS & GARDEN
Plymouth Creek COMMISSION, COMMISSION - EXPO, Plymouth
Center Council Chambers Council Chambers Creek Center
7 8 9 10 11 12 13
DAYLIGHT
SAVINGS
7:00 PM YOUTH
ADVISORY
5:30 PM SPECIAL
COUNCIL MEETING -
Discuss
7:00 PM EQC,
Bass Lake Room
7:00 PM FRAC,
Council Chambers
5:00 PM THRU
APRIL 16 -
PLYMOUTH FINE
COMMENCES - COUNCIL,Council REGULATION OF
PHOSPHORUS; 7:00 PM WAYZATA ARTS COUNCILsetclocksahead1Chambers
REDISTRICTING, SCHOOL DISTRICT PRIMAVERAhOUfPublicSafelyTraining
Room
W ND
MEETING, 4955 SHOW, PlymouthY
Peony Lane Creek Center
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
14 15 16 17 18 19 20
900 AMEOC CanmBlx 7:00 PM 7:00 PM HRA-
mmcn9MeIc.L R—
PLANNING
Medicine Lake Room
1:00 PM SPECIAL COUNCIL
MEETING: DINNER WITH COMMISSION, 7.00 PM PUBLIC
HENNEPIN COUNTY Council Chambers SAFETY ADVISORY
COMMISSIONERS, P BOARD, Police Dept.
C w c.ma Library
B:W PM BOARD OF APPEAL 6
EQUALIZATION, Ca mII
C, --
SPECIAL COUNCIL MEETING
IMMEDIATELY FOLLOWING):
ACCESSORY BUILDING
ORDINANCE, C. it
ChenEes
21 22 23 24 25 26 27
7:00 PM YOUTH 7:30AMLOGALBUSINESS
COUNCIL, R tllvsan Ha 8:30 AM HUMAN
ADVISORY
COUNCIL,Council 5:30 PM SPECIAL COUNCIL
MEETING -CONDUCT
RIGHTS
COMMISSION
Chambers INT ERVIEWSOFYOUTH
APPLICANTS:
STUDENT
WORKSHOP, fR-Se/ety
Plymouth Creek
7:00 PM REGULAR COUNCIL
MEETING, cm -i, Cha - Center
7:00 PM PACT -
Bass Lake Room
28 29 30 Mar 2002 May 2002
11'00 AM CITY EMPLOYEE
RECOGNITION LUNCH, S M T W T F S S M T W T F S
Plynaulh Cr Cells
1 2 1 2 3 4
PM BOARD OF APPEALS
EQUALIZATION 3 4 5 6 7 8 9 5 6 7 8 9 10 1111:11
RECONVENE C. -I 10 111 12 13 14 15 16 12 13 14 15 16 17 18
SPECIAL COUNCIL MEETING 17 18 19 20 21 22 23 19 20 21 22 23 24 25
IMMEDIATELY FOLLOWING)
DEPLETN:
AOUIFERS81
PUTOU
EITY'
SWATEROF 24 25 26 27 28 29 30 26 27 28 29 30 31
TREATMENT; TASTE
WATER 31
modified on 4/25/2002
OFFICIAL CITY MEETINGS
May 2002
Sunday Monday I Tuesday Wednesday Thursday Friday Saturday
Apr 2002 Jun 2002
S M T W T F S S M T W T F S
1 2 3 4 5 6 1
1
7:00 PM
PLANNING
COMMISSION,
2
7:00 PM HUMAN
RIGHTS
COMMISSION -
3 4
7 8 9 10 11 12 13 2 3 4 5 6 7 8 Council Chambers Council Chambers
14 15 16 17 18 19 20 9 10 11 12 13 14 15
21 22 23 24 25 26 27 16 17 18 19 20 21 22
28 29 30 23 24 25 26 27 28 29
30
5 6 7 8 9 10 11
7:00 PM YOUTH 7:00 PM EQC, 7:00 PM PRAC, 10:30 AM - 4:00
ADVISORY Bass Lake Room Council Chambers PM
COUNCIL,Council
Chambers
PLYMOUTH
HISTORY
FEST, Parkers
Lake Park
12 13 14 15 16 17 18
5:00 PM YOUTH
ADVISORY
TOWN
FORUM, Plymouth
Creek Center
5:30 PM SPECIAL
COUNCIL MEETING:
SERVICE TOCOUNCILTAXICAB
SUPPLEMEN THE
PLYMOUTH
DIAL -A -RIDE
PROGRAM, Public
Safety Training Room
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HRA- RA-
ADVISORY Medicine Lake Room
7:00 PM PUBLIC
SAFETY ADVISORY
BOARD, Police Dept.
Library
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
19 20 21 22 23 24 25
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM PACT -
Bass Lake Room
7:00 PM SPECIAL
COUNCIL MEET NG:
LAWFUL
GAMBLING;
VARIOUS TOPICS
WITH NW
PLYMOUTH
RESIDENTS, Council
Chambers
26 27 28 29 30 31
MEMORIAL DAY
Observed) - City
Offices Closed
7:30 AM LOCAL
BUSINESS
COUNCIL, Radisson
Hotel
7:00 PM REGULAR
L—
COUNCIL MEETING,
Council Chambers
j
modified on 4/25/2002
OFFICIAL CITY MEETINGS
May 2002
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
June 2002
Jul 2002
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
1
9:00 AM - 3:30
PM, PLYMOUTH
CLEAN-UP DAY,
Public Works
Maintenance
Facility
2 3 4 5 6 7 8
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
700 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HUMAN
RIGHTS
COMMISSION -
Council Chambers
9 10 11 12 13 14 15
5:30 PM SPECIAL
COUNCIL MEETING: OWISNOWPLNG; CREATING A
DOWNTOWN COUNCIL,
Public Safely Training
Room
7:00 PM EQC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
Flag Day
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
16 17 18 19 20 21 22
7:00 PM YOUTH
COUNCIL,Council
Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HRA 77
Medic ne Lake Room
7:00 PM PUBLIC
SAFETYADVISORY
BOARD, Police Dept.
Library
LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE, Rochester Civic Center
23 24 25
7:30 AM LOCAL
BusINESS COUNCIL,PLYMOUTH
Radisson Hotel
26
7:00 PM PACT -
Bass Lake Room
27 28 29
9:15 AM MUSIC IN
5k
RUN
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
30
modified on 4/25/2002
OFFICIAL CITY MEETINGS
July 2002
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
5:15 PM MUSIC
IN PLYMOUTH,
City Center
Amphitheater
7:00 PM
PLANNINGDAY
COMMISSION,
Council Chambers
INDEPENDENCE
City
Offices Closed
7 8 9 10 11 12 13
7:00 PM
REGULAR
7:00 PM EQC,
Bass Lake Room
7:00 PM PRAC,
Council Chambers
COUNCIL
MEETING, Council
Chambers
14 15 16 17 18 19 20
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
7:00 PM
PLANNING
COMMISSION,
Council Chambers
7:00 PM HRA -
Medicine Lake Room
7:00 PM PUBLIC
SAFETY ADVISORY
BOARD, Police Dept.
Library
21 22 23 24 25 26 27
7:30 AM LOCAL
BUSINESS
COUNCIL, Radisson
Hotel
7:00 PM PACT -
Bass Lake Room
7:00 PM REGULAR
COUNCIL MEETING,
Council Chambers
28 29
7:00 PM YOUTH
ADVISORY
COUNCIL,Council
Chambers
30 31 Jun 2002
S M T W T F S
Aug 2002
S M T W T F S
1
2 3 4 5 6 7 8
1 2 3
4 5 6 7 8 9 10
9 10 11 12 13 14 15 11 12 13 14 15 16 17
16 17 18 19 20 21 22 18 19 20 21 22 23 24
23 24 25 26 27 28 29 25 26 27 28 29 30 31
30
modified on 4/25/2002