HomeMy WebLinkAboutCity Council Packet 01-25-2005CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
JANUARY 25,2005,7:00 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 "Fire and Ice Festival" on February 5 (Recreation Supervisor
Greupner)
4.02 Introduction of Mrs. Plymouth, Jane Broeckert
4.03 Update on Mayor's Housing Challenge (Mayor Judy Johnson)
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staff direction
only. The Council will not normally take official action on items added to the agenda.
6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one
motion. There will be no separate discussion of these items unless a Councilmember or citizen
so requests, in which event the item will be removed from the ConsentAgenda and placed
elsewhere on the agenda.
6.01 Approve proposed City Council Minutes
6.02 Approve disbursements (Res2005-013)
6.03 Approve Tree Removal contract for 2005/2006 (Res2005-014)
REGULAR COUNCIL MEETING
January 25, 2005
Page 2
6.04 Approve items for "Shops at Plymouth Creek" CSM Corporation
6.04.1 Encroachment Agreement for Constructing a Berm within City Owned Vacated
Medina Road Right -of -Way (2004112 — Res2005-015)
6.04.2 Approve plans and specifications and order advertisement for bids for
Vicksburg Lane/Highway 55 Intersection Improvements (4134 — Res2005-016)
6.04.3 Approve Development Contract (2004112-F — Res2005-017)
6.05 Approve Variance to front yard setbacks for Lots 1-6, Block 1, The Fields of Nanterre
Third Addition located at 16231-1625150 th Avenue North. Ryland Homes. (2004149
Res2005-018)
6.06 Approve five acre land acquisition near Pomerleau Lake (Res2005-019)
6.07 Award bid for Police firing range improvements (Res2005-020)
6.08 Approve Final Payment for Old Rockford Road/Highway 55 Area Utilities (1033 —
Res2005-021)
6.09 Approve rescheduling March 22 Regular Council Meeting to March 29 (Res2005-
022)
6.10 Approve Tobacco License for Four Seasons Liquors V, LLC, d/b/a Four Seasons
Liquors, 4232 Lancaster Lane (Res2005-023)
6.11 Approve Change Order No. 1 for 2004 Mill and Overlay, Part 2 (4115 — Res2005-024)
6.12 Acceptance of utilities for continual maintenance for Gramercy Park Northwest
Cooperative (20137 — Res2005-025)
6.13 Approve resolution supporting goals of the "Putting Family First" community group
Res2005-026)
REGULAR COUNCIL MEETING
January 25, 2005
Page 3
7. PUBLIC HEARINGS
7_1 Off -sale Intoxicating Liquor License for Four Seasons Liquors V, LLC, d/b/a Four
Seasons Liquors, 4232 Lancaster Lane (Res2005-027)
7_2 Vacation of certain street and drainage/utility easements within Spicer Addition
2004112 — Res2005-028)
8. GENERAL BUSINESS
8_1 Consider Legislative Priorities (Res2005-029)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
Agenda Number: q, 0
TO: Laurie Ahrens, City Manager
FROM: Sandy Paulson, City Clerk, through Pat Qvale, Public Services Manager
SUBJECT: Final Results of Mayor's Housing Challenge
DATE: January 21, 2005, for Council Meeting of January 25, 2005
Attached is the final report on the donations received on the Mayor's Housing Challenge. A total
of $12,672 was received with $10,159 being donated to Interfaith Outreach and Community
Partners and $2,513 being donated to PRISM.
Thrivent also conducted their own fundraiser and will be presenting a donation in the amount of
1,600 to PRISM. Barb Wulf will be at the council meeting to make the presentation.
Mayor's Housing Challenge
Donor Contribution Organization
Roger & Carole Johnson 50.00 IOCP
John & Joyce Frees 20.00 IOCP
Vickie & Gerald Ruegemer 25.00 IOCP
Jennifer Martin 45.00 IOCP
John & Judy Matheson 10.00 IOCP
Mary Hyland 20.00 IOCP
Karin Schold 20.00 IOCP
Betty Olson 15.00 IOCP
Cal & Mary Mathieson 50.00 TOCP
Suzanne H. Jackson 1,000.00 IOCP
Steven D. Kastendieck 100.00 IOCP
Frank & Mary Plant 50.00 IOCP
Kim & Tony O'Brien 50.00 IOCP
Ken & Joan Wolford 20.00 IOCP
Robert Waterloo 25.00 IOCP
Alice Pena 15.00 IOCP
Sandra Wieland 50.00 IOCP
Kevin & Joy Miller 50.00 IOCP
Jerry & Roxann Bowman 10.00 IOCP
Debbie Donahue 20.00 IOCP
David Elliott Painting & Decoration 10.00 IOCP
Helen LaFave 35.00 IOCP
Shawn Drill 50.00 IOCP
Jana Hargreaves 10.00 IOCP
Sharon Stavrovich 10.00 IOCP
Lois Ripsin 100.00 IOCP
Ellie & Gary Singer 50.00 IOCP
Lucille Balombiny 25.00 IOCP
Barbara Trettel 30.00 IOCP
Sleepout Cash Donation 10.00 IOCP
Bradley & Karla Anderson 25.00 IOCP
Charles & Beverly Scharlau 50.00 IOCP
David & Jackie Hogshire 100.00 IOCP
Karl & Catherine Neset 161.00 IOCP
Eric & Gretchen Blank 400.00 IOCP
Kathy Valentine 20.00 IOCP
Kim Reed 8.00 IOCP
Todd & Janine Jasmin 50.00 IOCP
Plymouth Crime and Fire Prevention 1$250.00 IOCP
Jay & Sandy Hewitt 1,000.00 IOCP
Plymouth Fire Station III 230.00 IOCP
Tim & Mary Bildsoe Open House 1,000.00 IOCP
Judy Johnson Fundraiser Donation 2,300.00 IOCP
HRA Donation 2,000.00 IOCP/PRISM
Chad & Jill Burdette 20.00 IOCP
Jeff Huggett 100.00 IOCP
Katheryn Wingert -Hall & Eric Hall 50.00 IOCP
Adrienne Gutierrez 50.00 IOCP
Richard & Molly Gove 25.00 IOCP
Dominium Devel. & Acquis., LLC 100.00 IOCP
Bev Benson 20.00 IOCP
Norman & Laura Deaton 50.00 IOCP
Holmes -CSM Family Foundation 1,000.00 IOCP
Mark & Sandra Anderson 100.00 IOCP
Katherine Blank 25.00 IOCP
AJ!-
LouiseIOMT
Bialon 5.00 PRISM
Kathleen Osborne 50.00 PRISM
Lewis & Caroline Hull 50.00 PRISM
Mayor's Housing Challenge
Karen Chesebrough 75.00 PRISM
Arlowe Becker 25.00 PRISM
Laurie Ahrens 100.00 PRISM
Donald Levens 35.00 PRISM
Gerry Cochran 20.00 PRISM
Kay Richardson 50.00 PRISM
Bob Prestifilippo 100.00 PRISM/IOCP
Bob & 9harQn.,Stein 100.00 PRISM
Judy Johnson 100.00 PRISM
P.E Olson 3.00 PRISM
Lisa Passolt 40.00 PRISM
Ruth & Merbyn Bjerke 50.00 PRISM
Michael & Peggy West 25.00 PRISM
Mary West 50.00 PRISM
Renee Ambrosia 50.00 PRISM
Pam Arnstein 25.00 PRISM
Diane Ziegler 20.00 PRISM
Michael & Bethanne Scully 20.00 PRISM
Sam Wolfson 100.00 PRISM
Mery & Edith Palmer 20.00 PRISM
Norman & Laura Deaton 50.00 PRISM
Sara Anderson & Chris Busse 25.00 PRISM
Jim & Margaret Bird 25.00 PRISM
Cynthia O'Shaughnessy 100.00 PRISM
Thrivent Corporation 1,600.00 PRISM
Sybille Aaron 250.00 PRISM
G Toti . : : $4;172
Proposed Minutes
Regular Council Meeting
January 11, 2005
Mayor Johnson called a Regular Meeting of the Pl}nnouth City Council to order at 7:07 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on January 11, 2005.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Willis, Hewitt, Slavik, Bildsoe, Stein,
and Black.
ABSENT: None.
STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Community Development Director
Hurlburt, Finance Director Hahn, Park and Recreation Director Blank, City Engineer Faulkner,
Captain Franz, Public Services Manager Qvale, Recycling Coordinator Hageman, City Attorney
Knutson, and City Clerk Paulson.
Oaths of Office
Oaths of Office were administered by City Clerk Paulson to Ward 1 Councilmember Sandy
Hewitt, Ward 3 Councilmember Bob Stein, and At Large Councilmember Jim Willis.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Announcement of "Walk with Me, Talk with Me" Program
Councilmember Hewitt announced her new program where residents can walk and talk with her
at the Fieldhouse on Monday mornings at 8:00 a.m.
4.02) Update on Mayor's Housing Challenge
Mayor Johnson stated a presentation from Thrivent was scheduled for this evening, but their
representative was unable to attend this evening's meeting. Therefore, this item would be on a
future agenda.
4.03) Financial Extra
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 2 of 8
Mayor Johnson reported on this year's Financial Extra that was distributed with the City's
newsletter.
Approval of Agenda
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
qpprove the agenda. With all members voting in favor, the motion carred.
Consent Agenda
Councilmember Black requested that item No. 6.10 be removed from the Consent Agenda and
placed under General Business as item No. 8.2.
Councilmember Bildsoe requested that item No. 6.03 be removed from the Consent Agenda and
placed under General Business as item No. 8.3.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Slavik, to
approve the Consent Agenda, which included the following items:
6.01) Minutes of the Regular Meetings of December 14 and December 28.
6.02) Resolution Approving Disbursements for the Period ending December 31, 2004
Res2005-001).
6.03) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.3).
6.04) Resolution Approving 2005 Park Capital Improvement Projects (Re2005-002).
6.05) Ordinance Amending the Text of Chapter 2l. of the Plymouth City Code, entitled the
Plymouth Zoning Ordinance (2004118 — Ord2005-01), Ordinance Repealing Plymouth City
Code Section 518 Concerning Administration -Vacation of Rights -of -Way and Easements, and an
Ordinance Amending Plymouth City Code Section 524 Concerning Design Standards (2004118
Ord2005-02), and a Resolution Approving Summary Publication of Ordinance No., Amending
Sections 518 and 524 of the Plymouth Zoning Ordinance (Res2005-003).
6.06) Resolution Approving Site Plan Amendment for expansion and Conditional Use Permit
for Providence Academy located at 15100 Schmidt Lake Road (2004133 — Res2005-004).
6.07) Resolution Revising Resolution No. 2004-286 Awarding Bid for Lift Station Telemetry
System Upgrade (3119 — Res2005-005).
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 3 of 8
6.08) Resolution Approving 2005 Membership Dues for Association of Metropolitan
Municipalities and Municipal Legislative Commission (Res2005-006).
6.09) Resolution Approving Amended Agreement: for Legal Services provided by Campbell
Knutson, Professional Association (Res2005-007).
6.10) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.2).
6.11) Resolution Appointing Official Depositories for City Funds for 2005 (Res2005-008).
6.12) Resolution Ratifying Surety and Blanket Bonds for City Employees for 2005 (Res2005-
009).
6.13) Resolution Designating the Sun Sailor as the; City of Plymouth's Official Newspaper for
2005 (Res2005-010).
6.14) Appointment of Sandra Paulson as City Council Secretary for 2005.
6.15) Appointment of Dr. Doug Lowin as City Health Officer for 2005.
Motion carried to approve the Consent Agenda.
Public Hearings
There were no public hearings scheduled).
General Business
8.1) Consider Extension of Recycling Contract with Waste Management, Inc.
Public Services Manager Qvale reported on the proposed contract extension with Waste
Management, Inc. She explained that since 1989, the City has cooperated with the cities of
Golden Valley and Minnetonka in contracting for recycling services in an effort to seek
efficiencies and cost advantages through the cities' combined populations. Waste Management,
Inc. has been the service provider. She stated that the City entered into a new contract with
Waste Management, Inc. in 2000, and the contract expires December 31, 2005. During the past
several months, the cities have been discussing service quality, market conditions, the current
hauling/processing environment, quality of materials marketed, program goals, history with
Waste Management, Inc. It was the decision to negotiate with Waste Management, Inc. for an
extension to the current contract, with the understanding that this would be the last extension,
and there would be a request for proposal process for a new contract in 2009.
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 4 of 8
She stated the City's recycling program is funded by Minnesota Select Committee on Recycling
and the Environment (SCORE) funds and a $2 per month recycling utility fee charged by the
City to all single-family through eight-plex households (this fee hasn't been increased since
1993).
She stated throughout the first four years of the present five-year contract, Waste Management,
Inc. has performed in full accordance with contract specifications. She stated key terms
contained in the new agreement include:
1. A continuation of the present weekly curbside collection service, in which residents sort
recyclables into containers and paper.
2. A three-year contract extension with a term of January 1, 2006 to December 31, 2008 for
weekly curbside recycling service to all single-family though eight-plex households, and drop-
off recycling service at the City's maintenance facility.
3. Rebate to the City of 100% of the revenue from the sale of recyclables over the $49.60 per ton
processing fee. Rebate level remains the same. Processing fee increased by $3.60 per ton.
4. Three percent increase each year of the per household/per month collection cost; the same
increase formula in the existing contract.
5. $200 per month collection fee increase for the drop-off center.
6. All other elements of the contract remain the same.
She explained the proposed contract would increase; the monthly per household cost for curbside
recycling from the present $2.43 by three percent a year throughout the three years of the
contract: 2006 - $2.50; 2007 - $2.58; and 2008 - $2.65. With increase in housing costs each
year, this would amount to approximately $19,000 each year. The household collection cost
escalates three percent per year which is a reasonable rate considering that two of the major cost
components are labor and fuel. She stated the cost :for the recycling drop-off center would
increase 10% from $2,100 to $2,300 per month (increase of $2,400 per year). She noted that if
the recycling markets remain strong, rebates from the sale of recyclables will offset these
increases, and at times would be expected to yield additional revenues. Notwithstanding rebates
from the sale of recyclables, current fund reserves are adequate to meet the cost increases
without the need to increase the recycling fee to residents.
Councilmember Black stated that she would've preferred a two-year contract rather than a three-
year contract. She stated the industry would be changing in the next two years, which would
make a two-year contract more advantageous. She stated that she is concerned that residents
could be recycling less due to Waste Management's system. She stated in practice, there should
be a double -sort system, but Waste Management operates under a single -sort system.
Mayor Johnson asked if it's necessary for residents to sort their recyclables when the recyclables
are emptied into one truck the majority of the time. Recycling Coordinator Hageman replied
there was a change in the type of vehicle used for recycling. However, it's important to maintain
the two -sort system with residents so in the future the City wouldn't be locked into a single -sort
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 5 of 8
system. She added that she has been involved in a special grant project that involves four
neighborhoods, and she rides along when they are collecting recyclables. She noted that the
residents are sorting their recyclables.
Councilmember Slavik voiced her concern that the recycling containers aren't large enough for
residents. She stated it's the residents' responsibility to request an additional bin, but she's
unsure if residents are aware of that. She suggested that the recycling container be covered and
be on wheels. She stated she would like to discuss this in the future. Mayor Johnson and
Councilmember Hewitt agreed.
Recycling Coordinator Hageman commented that the City sells wheel kits for the current
recycling bins.
Councilmember Black commented that at the end of this contract, the staff might want to
consider having the City bid these services on its own rather than going in with the other two
cities. She explained when the City went with the other two cities, Plymouth was a lot smaller.
Due to the City's larger population, that could make the City a more desirable customer.
Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving a Contract Addendum to Extend by Three Years the Contract with
Waste Management, Inc. for Recvcling Services (Res2005-011). With all members voting in
favor, the motion carried.
8.2) Resolution Approving Engineering Services Rates for 2005 for the City's Designated
Consulting Engineering Firms
Motion was made by Councilmember Black and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Engineering Services Rates for 2005 — a 1% increase with all the firms
except for Bolton and Menk, who would receive a 2% increase, and Howard R. Green Company
who would receive a 0% increase.
Councilmember Black commented that local units of government as well as the State are
experiencing difficult financial times. However, the private sector continues to receive
substantial increases.
Councilmember Slavik asked what would occur if the Council approved lower increases than
proposed. City Engineer Faulkner replied it could affect the level of service.
Councilmember Stein asked when the hourly rates are used and/or doesn't the City receive
proposals from these firms. City Engineer Faulkner replied the Council approves their contracts
on an hourly basis.
City Manager Ahrens added on many occasions there is a "cap" on their estimates so there is
competition. Therefore, there are competitive proposals with guaranteed maximum price.
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 6 of 8
Mayor Johnson stated it would be interesting to know the accumulative increase from 2003-
2004. Councilmember Bildsoe stated the Council previously had a similar discussion on this,
and four to five percent increases appeared to be average. He stated there are a number of
contractors so if a firm chooses not to work with the City on a project, there would be other
options.
Community Development Director Hurlburt stated the proposed hourly rates aren't just hourly
rates for employees but the fees include staff support, overhead, etc.
Councilmember Willis stated if a firm's fee is greater than what the City desires to pay, the City
has the option to use another firm. He stated he doesn't support limiting what the firms want to
charge per hour.
Councilmember Stein stated if the City opens it up to competition, other than the extra work they
might perform, it shouldn't matter what the hourly gate is.
Councilmember Bildsoe asked why the Council should be voting on this item, as the firms would
charge what they want to charge for any given project.
Community Development Director Hurlburt stated when one uses a consultant, their expertise
and team of staff is relied upon. She noted that one firm could charge half the time on a project
compared to another firm depending on their experience. She stated with the current motion on
the table, the schedules should be redone; therefore;, she suggested that the Council table this
item to the February 8 Council meeting.
Motion was made by Councilmember Black and seconded by Councilmember Stein, to defer the
original motion on the table to staff so that they prpare a report under those conditions.
Councilmember Hewitt stated when the City accepts bids for projects, the City should approve
the bid that's most competitive. She stated the firms would adjust their time and staff, hourly
wise, and make up the difference elsewhere if you limit their increases in the rates.
Councilmember Bildsoe stated staff could request the firms to revisit their proposed increases.
Councilmember Willis agreed with Councilmember Bildsoe and stated that the City has long-
term relationships with these firms. He stated this snore of an economic issue, and there are
more firms that would desire to bid on City projects. However, the Council doesn't have to
address that issue this evening.
Councilmember Slavik stated that she supports having staff contact these firms to request that
that they consider presenting better proposals for their fees. She stated limiting the firms to a 1 %
increase doesn't seem to be prudent when the firms aren't charging the same rates.
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 7 of 8
Councilmember Black withdrew her motion and made a substitute motion to table this item to
the February 8 meeting and direct staff to contact the consultingfirms. irms. Councilmember Bildsoe
seconded the motion.
Councilmember Hewitt offered a friendly amendment to the motion that staff review the current
policy and other firms that would be interested in bidding on City projects. Councilmembers
Black and Bildsoe accepted this amendment.
The Council voted on the amended substitute motion and with all members voting in favor, the
motion carried.
8.3) Resolution Approving 3.2 Malt On -Sale and Off -Sale, Off -Sale Intoxicating Liquor,
On -Sale and Sunday Intoxicating Liquor, and Wine Licenses
Councilmember Bildsoe suggested that staff add a condition to this resolution that civil penalties
should be paid in full before the liquor licenses are renewed.
After a considerable amount of discussion, Councilmember Bildsoe made a motion, and it was
seconded by Councilmember Slavik to amend the Resolution to add a condition to state. "Civil
penalties must be paid in full following the hearing."
Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to
amend the main motion to state that "Civil penalties must be paid in full within 30 days of the
date of the invoice." With all members voting in favor, the motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
Reports and Staff Recommendations
9.1) Receive Annual Alcohol and Tobacco Compliance Check Report
A discussion was held on the annual alcohol and tobacco compliance check report. Captain
Franz highlighted sections of the staff report and stated that many of the failures are due to
employees disregarding company policy.
Councilmember Slavik noted that one of the licensees had failed a compliance check but yet they
were eligible to receive a discount on their license fie. She requested that staff doublecheck the
report.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
approve the report. With all members voting in favor, the motion carried.
Proposed Council Minutes
Regular Meeting of January 11, 2005
Page 8 of 8
Adiournment
Mayor Johnson declared the meeting adjourned at 8:45 p.m.
Sandra R. Paulson, City Clerk
Agenda Number: &
TO: Laurie Ahrens, City Manager
FROM: Dale Hahn, Director of Finance & Information Technology
SUBJECT: Disbursements
DATE: January 18, 2005 for the City Council Meeting January 25, 2005
1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for
the period ending January 14, 2005.
2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the
period ending January 14, 2005.
Anchor Bank
General & Special Revenue
Construction & Debt Service
Enterprise & Internal Service
Housing & Redevelopment Authority
GRAND TOTAL FOR ALL FUNDS
295,537.37
94,497.79
930,619.38
297,150.39
1.617.804.93
Dale Hahn
3. RECOMMENDATION: I hereby approve the attached listing of disbursements and
recommend same for payment.
Laurie Ahrens
Invoice Expense Distribution for Period Ended 1/14/05
FUND 101 General Fund 238,813.92
201 Recreation Fund 24,452.54
202 Parker's Lake Cemetery Maint 0.00
203 Transit System Fund 3,430.05
204 Community Development Fund 0.00
205 Diasaster Donation Manage Grant 0.00
207 Economic Development Fund 0.00
220 Comm Dev Block Grant Fund 28,840.86
250 HRA Section 8 Fund 294,857.11
251 HRA General Fund 2,293.28
302 GeneralObligation Refunding D/S 0.00
401 General Capital Projects Fund 59,068.00
402 Minnesota State Aid Fund 0.00
404 Building & Equipment Rev. Fund 2,855.86
406 Park Replacement Fund 7,143.05
407 Infrasturcture Replacement Fund 0.00
408 Project Administration Fund 0.00
409 City & Community Parks 0.00
410 Neighborhood Parks 0.00
411 Capital Improvement Fund 0.00
413 Community Park Acquisition 0.00
414 Neighborhood Park Acq/Dev 0.00
415 2003 Street Reconstruction 0.00
416 2004 Street Reconstruction 0.00
421 Utility Trunk Fund 0.00
422 Unfinanced Imp Construction 221.70
425 Shenandoah Housing Imp. Area 0.00
426 Shenandoah Administration 0.00
428 Activity Center/Fieldhouse 0.00
430 Public Safety Expansion 25,209.18
440 Utility Trunk System Expansion 0.00
470 TIF # 7-1 (Const) 0.00
471 TIF # 7-2 O.S. (Const) 0.00
472 TIF # 7-3 P.O.S. (Const) 0.00
473 TIF #7-4 P.T.P (Const) 0.00
474 TIF Dev. Exp. Bonds 95 (Const) 0.00
475 TIF # 7-5 Rottlund (Const) 0.00
476 TIF #7-6 Continental (Const) 0.00
478 TIF #7-7 Stonecreek ('Const) 0.00
479 TIF #7-8 Shops @ Plymouth Creek 0.00
501 Water Fund 23,807.97
502 Sewer Fund 409,854.82
503 Solid Waste Management Fund 21,441.90
504 Recreation Facility Fund 39,424.87
505 Water Resources Fund 110,723.37
506 Activity Center Fund 0.00
507 Field House Fund 3,842.89
601 Central Services Fund 2,780.23
602 Central Equipment Fund 41,271.25
603 Risk Management Fund 4,220.87
604 Design Engineering Fund 0.00
605 Employee Benefits Fund 179,702.48
606 Information Technology Fund 69,358.84
607 Public Facilities Fund 24,189.89
720 Senior Housing Bond Trustee 0.00
730 1-494 Corridor Commission 0.00
Total Invoice Expense Distribution: $ 1,617,804.93
Check Register
Date: 1/18/2005
Time: 8:32:44 AM
COUNCIL REPORT - CHECK REGISTER
1/01/2005 Through 1/14/2005
Page 1 of 22
Vendor Name/
Invoice Amount Check # Check AmountInvoiceDescription
537.00
A V C A M/ PO Box 39262
537.00
05 W Anderson Membership 20.00 69892 $20.00
A-1 Outdoor Power Inc
2 Slide rail 6.84 69747 $49.58
Wheel grinding 14.03
Winter/summer chain oil 28.71
AIM Electronics
Proj3129 scoreboards,message c $23,245.20 69748 $23,245.20
ASCAP
05 Music Performance License 537.00 69729 537.00
ATCO Utility Services Inc
14215 Berkshire 14hr tap main/ 2,915.00 69749 2,915.00
Abdirahman, Siyad
Jan05 Utility Reimbursement 29.00 69716 29.00
Abdullahi, Hawa
Jan05 Utility Reimbursement 51.00 69940 51.00
Accurint - Account # 1034558
Dec04 Bckgmd searches 14.00 69893 14.00
Adam's Pest Control, Inc.
Dec04 PC Pest Control 74.55 69750 74.55
Ahmed, Habon
Jan05 Utility Reimbursement 51.00 69675 51.00
Airgas North Central
6 Exhalation valve,LSP outlet 179.11 69751 179.11
Alex Air Apparatus Inc
2 Venting screws 145.60 69752 145.60
AllWood Products
96.75hrs grind wood,9hrs equip 20,793.75 69894 20,793.75
Altura Communication Solutions
PW new phone 110.85 69895 110.85
American Minority Business Frm
25000 Business card shells 543.15 69753 543.15
American Minority Business Frm
100 sets of'05 Budget tabs 487.24 69896 665.93
9 pks Business cards/Cwayna,Kr 178.69
American Planning Assoc.
05 J Noelting Membership+MN C 190.00 69897 190.00
Ameripride
12.13.04 PC towel service 27.37 69754 27.37
http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=1 %2F01 %2F2005&sToDate=1%2F... 1/18/2005
Check Register
Amsave
Page 2 of 22
Jan05 Section 8 Rent $1,172.00 69651 $1,172.00
Anchor Paper
Proj 030 paper 11.03 69755 130.83
P&R Prog196 paper splys 104.29
69655 26,070.00
5M Transit paper 5.92
Old Fashioned xmas splys 9.59
69899 14,034.81
Anderson Krey, Cynthia
4,928.79
10.21,12.29/Pizza Hut/Trophies 103.00 69776 144.48
Franklin covey/planner insert 41.48
69759 144.03
Anderson, Charles & Helen
Jan05 Section 8 Rent 526.00 69662 526.00
Andreen, Rhonda
1.5/1.7.05 MTGF parking 18.00 70011 18.00
Appletree Institute
Jan05 Employee Medical Ins 162,141.50 69756 162,141.50
Aramark
PS service charge 4.95 69757 404.35
CC 5 dcf,14 reg coffee 394.45
PS service charge 4.95
Aramark
134.74
PC cups,tea,dcf,reg coffee 129.50 69898 129.50
Arrow Terminal LLC
6.70
Misc parts 266.85 69758 266.85
At the Lake Apartments
Jan05 Section 8 Rent 26,070.00 69655 26,070.00
BKV
Dec04 pmj3134 Fixed Fum fee 9,106.02 69899 14,034.81
Dec04 Proj3134 PS/CC expnsn 4,928.79
Bachman's Inc
Jan05 PC Plant Lease 144.03 69759 144.03
Barton Sand & Gravel Co.
12.16/12.29 204.95tn CL 5 Rcyl 1,739.33 69760 1,739.33
Bass Lake Hills Townhomes
Jan05 Section 8 Rent 11,376.00 69656 11,376.00
Beaman, Charles
Jan05 Section 8 Rent 945.00 69661 945.00
Bertelson Bros. Inc.
5 -Laminate refills 292.99 69761 1,054.05
4 3rg binders 50.69
Portfolio,rprt cvr,file fldrs, 169.27
2 ck storage file 134.74
lbx size 32 rubberbands 3.45
12 red razor markers 6.70
Pouch,tcl books 46.81
4 5mm pencil 15.78
Shredder,env,cover paper 184.66
Calculator,shears 37.16
Store supplies 75.92
Wrist&mouse pad,wrist rests 51.83
Rtn printing calculator 15.95)
Bertelson Bros. Inc.
Rtn hang storage file tote 10.95) 69900 65.01
1 Custom stamp 21.19
1 Hang storage file tote 10.96
4 Hang storage file tote 43.81
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Best Western Kelly/ck Address
3.8/3.9.05 2nights MRWA conf $340.38 69901 $340.38
Blue Earth County Sheriff Dept
Cs# 05-1453 R500424 bail $300.00 69902 $300.00
Bouzrara, Samir
Jan05 Section 8 Rent $941.00 69710 $941.00
Boyer Trucks
1 Bracket -CB $31.03 69762 $453.53
L-31 Towing charge $422.50
Brooklyn Printing
24,000 Utility rate 2005 flyer $1,406.33 69763 $1,406.33
Brooklyn Printing
1,000 Plym info guide/inserts $1,310.87 69904 $1,310.87
Bruce Erichsen Enterprises
2 Stealth preemption device 601.73 69905 601.73
Bryan Rock Products Inc
10.8.04 58.39tn Rip Rap,3 to 4 898.30 69764 898.30
Buranen, Maynard
Jan05 Section 8 Rent 678.00 69696 678.00
CADD/Engineering Supply Inc
Lrg doc scanning 30x42,CD outp 34.08 69765 34.08
CDW Government Inc
1 Logitech marblemouse trckbl 27.03 69766 3,690.43
1 HP Proliant,2 72.8GB compaq 3,663.40
CGI -AMS Inc
Jan-Dec05 Brass Annual Maint $5,481.79 69767 $5,481.79
CIGNA Behavioral Health
Jan-Mar05 EAP $1,440.00 69730 $1,440.00
Campbell Knutson Prof Assoc
NovO4 Attorney services $36,093.71 69906 $36,093.71
Capital Property Management
Jan05 Section 8 Rent $585.00 69684 $585.00
Cargill Salt Division
12.3.04 42.04tn Bulk Ice $1,543.32 69768 $1,543.32
Carlo Lachmansingh Sales Inc
Rotolock,set screw globes,LAE $4,366.50 69907 $4,366.50
Carlson Tractor & Equip Co.
12.3/12.30 Conveyor rental $2,565.53 69837 $2,565.53
Carlton County Sheriffs Dept
WN# T60628&T803677 R500189 $290.00 69769 $290.00
Cayenta Canada Inc
Jan-Dec05 Actuate,Acucobol Run $7,728.94 69731 $7,728.94
CenterPoint Energy/Minnegasco
PS 10.14/11.16 $1,783.86 69770 $5,318.24
PS 11.16/12.2204 $3,534.38
Ceritelli-Plouff, Amy
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Jan05 HAP 747.00 69978 747.00
Chapchay, Laura
774.50 69773 774.50
Jan05 Section 8 Rent 836.00 69692 836.00
Chernith, Vitaly
14.99 69733 14.99
Jan05 Section 8 Rent 1,231.00 69727 1,231.00
Christmas Lights Etc
247.42 69774 247.42
18 801ite Cascade mini blue li 143.06 69908 143.06
City of Maple Grove
6,286.31 69775 6,286.31
NovO4 Dog Impounds 880.00 69771 880.00
City of Plymouth HRA/FSS
61.50 69910 61.50
Jan05 FSS program escrow 1,489.00 69772 1,489.00
Clark, Antoniece
997.53 69911 997.53
Jan05 Utility Reimbursement 57.00 69653 57.00
Class Software Solutions
2005 Class Sftwr Maint fees $8,277.56 69732 $8,277.56
Cleve, Seann
Jan05 Section 8 Rent $949.00 69713 $949.00
Coffee Mill Inc
999.00 69663 999.00
IC Concessin coffee resupply 774.50 69773 774.50
Computer Shopper
1,197.70 69913 1,197.70
05 Subsc Hohenstein 14.99 69733 14.99
Continental Safety Equipment
147.00 69778 1,445.46
Stabilicer detach soles 247.42 69774 247.42
Corner House
05 Forensic Interview Sery 6,286.31 69775 6,286.31
Crown Marking, Inc.
Die plate dater blk 61.50 69910 61.50
Cub Foods /3550 Vicksburg
Dec04 Food Charges 997.53 69911 997.53
D P C Industries Inc/PO 200129
4000 lbs Chlorine $744.00 69912 $744.00
DJB Futures Inc
Jan05 Section 8 Rent 999.00 69663 999.00
Dalco
12cs TP @35.43/cs,22cs twls@ 1,197.70 69913 1,197.70
Danka Office Imaging/Ck Addr
Dec04 95F copier maint 147.00 69778 1,445.46
NovO4 2110 copier maint 1,298.46
Data Recognition Corporation
Dec04 UB postage 3,022.87 69916 3,022.87
Decision Resources Ltd
Bal owed recycle survey 5,000.00 69917 5,000.00
Dehn Tree Company Inc
50.10hrs tree removals 1,173.63 69918 1,173.63
Discount School Supply
Tumbling mat tunnel,toss game, 390.43 69780 390.43
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Ditter Cooling & Heating
Lennox heater/Ridgmnt warm hse $2,149.00 69781 $2,149.00
Dreese, Lynn
Park and Rec Refund $14.00 69920 $14.00
Dynamex
12-16 Design Write studios $28.47 69782 $28,47
Dynamex
12.20 Design Write $39.21 69921 $39.21
E H Renner & Sons
Well 5 change motor 2,122.67 69783 2,122.67
EPA Audio Visual Inc
5 Sony TV's for Public Safety 1,105.47 69922 1,105.47
Egan Oil
8497gl Unleaded @ 1.2074 12,205.10 69784 12,205.10
Egan Oil
1 drum windshield wash fluid 96.84 69923 96.84
Elan Financial Services
11.20/12.21.04 Visa Charges 2,205.43 69785 2,205.43
Electrical Installation & Mnt
Rpr cable park shelter on 53rd $364.66 69786 $364.66
Electrical Installation & Mnt
Relamp poles at maint bldg rep $426.52 69924 6,791.02
New warming house power $6,197.00
Relamp OH red wb schmidt lk rd $167.50
Embedded Systems Inc.
Jan-Jun05 7 siren Maint,Jan-Ap $2,018.00 69925 $2,018.00
Emergency Apparatus Maint.
Aerial 31 rmv old valve $348.74 69926 $348.74
Epshteyn, Igor
Jan05 Section 8 Rent $984.00 69677 $984.00
Evenflo
12 Triumph,4 Big Kid booster $1,304.36 69927 $1,304.36
Evenson, Gerald
Jan05 Section 8 Rent $568.00 69671 $568.00
Evenson, Gerald
Jan05 HAP $160.00 69797 $160.00
Express Messenger
12.20/12.27.04 Attorney P/U $36.40 69928 $36.40
FBI/LEEDS
05 Plekkenpol Membership $35.00 69734 $35.00
FBULEEDS
05 3 Memberships/Goldstein, $105.00 69788 $105.00
Factory Motor Parts Co
Switch $167.27 69789 $739.48
Winter blade $40.45
Air filter/element/distr cap $109.02
Core credit inv 6698167 ($300.00)
Rack&pinion+ core $735.47
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Return element A #6701392 ($12.73)
Factory Motor Parts Co
8 -Spark plugs 17.89 69929 416.35
Perf blade/air filtloil filt/s 188.22
Filt/sprk plugs 154.20
69668 19,961.00
Transmission filter/oil felt 56.04
Farris, Roberta Lynn
448.00 69669 448.00
Payroll Generated Invoice 443.54 70012 443.54
Fedex
3,606.57 69933 3,606.57
12.7/12.10 Finance,Police 59.05 69930 59.05
Fern, Rob
13.00 69951 13.00
Park and Rec Refund 12.00 69790 12.00
Fernbrook Townhomes
97.87 69794 97,87
Jan05 Section 8 Rent 7,387.00 69791 6,439.00Removetenantnolongerthere948.00)
69795 450.25
Ferrellgas
34.5gl I/C Forklift 99.53 69931 99.53
Fire Engineering / NO Address
434.15
05 Scofield Subsc renewal 24.95 69735 24.95
Fire Engineering / NO Address
3,375.00 69935 3,375.00
05 Kline Subsc Renewal 24.95 69792 24.95
First Student Inc
12.12.04 Wild Mtn teen ski $417.00 69793 $417.00
Fischer, M Corky
Drainage/pond work partial py 1,500.00 69932 1,500.00
Four Seasons Estates
Jan05 Section 8 Rent 19,961.00 69668 19,961.00
Four Seasons Villa
Jan05 Section 8 Rent 448.00 69669 448.00
Fourth Judicial District
105 16,500 Citation books 3,606.57 69933 3,606.57
Franz, Joel
1.6.05 Henn Co Chiefs mtg 13.00 69951 13.00
Fresco Inc
Parts & Tools 97.87 69794 97,87
G & K Service Inc
Public Works Uniform Rntl 450.25 69795 450.25
G & K Service Inc
12.20.04 CC Rug sery 148.33 69934 582.48
Public Works Uniform mtl 434.15
G C Bentley Assoc
12.27/1.9.0575hrs Syst Mgmnt 3,375.00 69935 3,375.00
GS Direct Inc
Plotter paper ENG 214.22 69796 214.22
Gartner Refrigeration & Mfg
IC wind sock 210.97 69936 210.97
Gartner, Denise A
Jan05 Section 8 Rent 841.00 69665 841.00
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Gezunterman, Matvey
Jan05 Section 8 Rent 596.00 69695 596.00
Govern Software Inc
05 UB,SA,LM,Mass Apprsl,Web 23,357.25 69736 23,357.25
Government Finance Off. Assoc.
05 3 Membership dues/Hahn, 520.00 69737 520.00
Graham, Marilyn
Park and Rec Refund 10.00 69937 10.00
Grainger
24.80
Neoprene gloves 14.02 69798 1,379.64
Lamp/trigger seed/glue stick/f 166.61
Battery/pliers/wrench 149.63
Suppressor surge/noise 172.85
Thermometer digital/freezer 40.57
Wrench straight pipe 113.97
Wrench straight pipe 53.92
Plug locking/connector/lamp/ba 375.08
Punchdown tool 101.52
Thermometer infrared 181.16
Replacement filter 10.31
Grainger
11.46
Tag lockout pk25 45.75 69938 353.82
Battery 9v/AA 8.56
Combo fishlight, l.5V battery 146.45
Ballast lamp/primer/dishwshr s 153.06
Gray, Shaun
Jan05 Section 8 Rent 1,275.00 69714 1,275.00
Greater Mpls. Day Care Assoc.
Nov04 Child Care 70.00 69799 311.00
Dec04 Child Care 241.00
Greupner, Karol J
11.3/12.14217 Mileage Reimb 81.38 69815 382.72
Target/MP3 player & CD's 301.34
Grigoryants, Alla
Jan05 Section 8 Rent 1,708.00 69650 1,708.00
GroundsCare Inc.
NovO4 Snowplowing 1,300.00 69800 1,300.00
Hageman, Kristen
12.1/12.28140 Mileage reimb 52.50 69816 52.50
Haigh, Todd
Jan05 Section 8 Rent 439.00 69721 439.00
Hamel Lumber and Supply Inc
Dec04 Hardware Supplies 11.36 69939 582.94
Dec04 Hardware supplies 24.80
Dec04 Hardware supplies 88.18
Dec04 Hardware charges 44.00
Dec04 Hardware supplies 56.79
Dec04 Hardware supplies 8,78
Dec04 Hardware supplies 21.64
Dec04 Hardware supplies 8.34
DecO4 Hardware supplies 9.15
Dec04 Hardware supplies 10.93
Dec04 Hardware supplies 28.70
Dec04 Hardware supplies 10.24
Dec04 Hardware supplies 46.82
Dec04 Hardware supplies 11.46
Dec04 Hardware supplies 115.84
Dec04 Hardware supplies 19.68
Dec04 Hardware supplies 55.13
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Dec04 Hardware supplies $11.10
Hammer Residences Inc
16205 14th Ave/CDBG Grant $20,503.00 69801 $20,503.00
Hanson, Tory
Jan05 Utility Reimbursement $44.00 69723 $44.00
Harrison, Carol
Park and Rec Refund $75.00 69802 $75.00
Hasler Inc
Jan-Mar05 Pstg Meter rental $292.55 69738 $292.55
Healthfund of Minnesota
Payroll Generated Invoice 2.00 69941 $141.52
Payroll Generated Invoice 30.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 20.00
Payroll Generated Invoice 9.00
Payroll Generated Invoice 59.52
Payroll Generated Invoice 1.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 4.00
Heitke, Daniel
1.5/1.6.05 30 Mileage Reimb $12.15 69914 $30.15
1.5/1.6.05 MTGF parking $18.00
Hennepin Co Chiefs of Police
05 5 Memberships/Goldstein, $500.00 69804 $500.00
Hennepin Co Environmental Hlth
05 Concessions food license $136.00 69809 $136.00
Hennepin County SheriffBookng
NovO4 Booking Fee prisoners $2,918.78 69805 $2,918.78
Hennepin County Sheriff/Radio
04 PD Annual radio lease $I0,959.50 69806 $10,959.50
Hennepin County Treas/NO ADDR
05 2 Notary/Hoffman,Langer $200.00 69889 $200.00
Hennepin County Treas/NO ADDR
05 Hutt Notary signature reco $100.00 69943 $100.00
Hennepin County Treas/Room-Brd
NovO4 Room/Board prisoners $10,407.50 69807 $10,407.50
Hennepin County Treas/Taxpayer
05 Truth in Taxation Notices $3,606.89 69944 $3,606.89
Hennepin County Treasurer/Food
05 Abel,Brandt Food safety ce 136.00 69808 136.00
Highway 55 Rental
PD helium tank,nozzle 37.58 69810 37.58
Hintermeyer, Paul
Jan05 Section 8 Rent 485.00 69705 485.00
Hodges, Booker
D Harrell Interim Disbursement 567.00 69903 567.00
Holiday Fleet
12.7/12.20 E85 Fuel $46.50 69811 $46.50
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Home Depot
11.29/12.27 Hardware Charges $4,905.87 69945 $4,905.87
Hopkins Parts Co.
3 Adhesive 7.32 69946 $2,032.74
1 Jimmybar 25.55
2 V Belts 36.72
Tranf fl,bulb,vbeltpads 175.28
2 Jimmybars 67.18
2 Silicone 24.81
Serp blt,vribbed 24.81
Cr core 04-70 unit 401 79.88)
04-70 12.20.04 #401 161.88
12 Non clor brake 24.15
2 silicone 24.81
Lens,Marker L 8.53
Cement 6.39
Pads,serp blt,ujoint,oil filt, 180.46
Thermostat,gasket 7.40
1 Front flo 53.24
10 Chain 38.13
2 ubolt,2 battery 21.15
Rpl bulb,20 bulbs 64.71
Lgt bulb,pwr steer,bulbs 62.44
Halogen,elbow,small fla,2" M 110.69
Serb blt,v-belts 168.12
fuses 7.79
1 Elbow 38.23
1 Rivets 12.24
1 V -belt 31.35
1 LH comple 478.19
gloves 35.54
Adapter 100.06
1 Halogen 4.79
Rivets,bulb,air fil,pads,bulb 125.36
RM 2 Vbelt,l serp blt lvribbe 61.54)
1 Air filter 46.84
Hong, James
Jan05 Section 8 Rent $913.00 69682 $913.00
Hydro Metering Technology
42 3/4" Meters $4,182.26 69947 $4,182.26
IAPE
05 Aikins Membership 50.00 69948 50.00
Indelco
4-1 1/2" fpt ball valve 66.46 69949 66.46
Intl Code Council
25 copies/amended '00 Intl pro 287.50 69812 287.50
InterTechnologies Group
NovO4 PVC connect to Logis 37.00 69823 37.00
Irrigation by Design Inc
Proj4105 install pump station 19,000.00 69813 19,000.00
Irrigation by Design Inc
Oakwood plyfld irrig work 420.75 69950 45,260.75
Proj4105 Oakwood Plyld irrig 44,840.00
Irwin, James
Jan05 Section 8 Rent $973.00 69683 $973.00
Isco Inc
Flow Iogger,AC pwr sply,cable $2,220.53 69876 2,220.53
Itron Inc
Jan -Mai -05 Itron Hdwe/Sftwr $1,351.31 69739 $1,351.31
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Jerry, Alisha
Jan05 Utility Reimbursement $15.00 69649 $15.00
Johnson, Darin
Bildsoe/Duluth conf registr
Jan05 Section 8 Rent 1,089.00 69681 1,089.00
Johnson, Gretta
12.22/12.28 Target/Michaels 70.50 69787 70.50
Jan05 Utility Reimbursement 66.00 69674 66.00
Johnson, Ken
373.32
Lindman, Craig
Park and Rec Refund 16.00 69814 16.00
Kharam, Gennadiy
Jan05 Section 8 Rent 512.00 69670 512.00
Khilji, Rukhsana
758.50
TRAILS disb/auto insurance 317.04 69853 317.04
Kinko's Inc
37.00
Recycling materials 118.58 69952 118.58
Kleist, Scott
Cy's/sgt stripes/1 shirt 66.90 70023 66.90
Krivanova, Eugena
Jan05 Section 8 Rent 773.00 69666 773.00
Krohn, Brent Michael
Jan05 Section 8 Rent 799.00 69660 799.00
Kurr, Sarah
Park and Rec Refund 14.00 69953 14.00
LaPointe, Kathy
Jan05 Section 8 Rent 1,349.00 69688 1,349.00
Lacrosse Unlimited
12.29/12.30 Lacrosse camp 1,050.00 69817 1,050.00
Lakeview Commons
Jan05 Section 8 Rent 41,618.00 69676 41,618.00
Lakeview Commons
Bildsoe/Duluth conf registr
Jan05 HAP 366.00 69942 366.00
Lancaster Village Apartments
12.22/12.28 Target/Michaels 70.50 69787 70.50
Jan05 Section 8 Rent 8,511.00 69691 8,511.00
Lauer, Dan
373.32
Lindman, Craig
12.7/1.2.05 123 Mileage Reimb 46.13 69777 46.13
Law Enforce Labor Serv./Union
Payroll Generated Invoice 148.00 69954 1,104.64
Payroll Generated Invoice 758.50
Payroll Generated Invoice 148.00
Payroll Generated Invoice 37.00
Payroll Generated Invoice 13.14
League of Minnesota Cities
Bildsoe/Duluth conf registr 200.00 69955 200.00
Leitner, Erin
12.22/12.28 Target/Michaels 70.50 69787 70.50
Liga Internacional Sucre
Park and Rec Refund 373.32 69956 373.32
Lindman, Craig
1.6.05 Henn Co Chiefs mtg 13.00 69909 13.00
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Loffler Business Syst/Maint/sp
Admin 1 fax toner $120.35 69957 $120.35
Logis
NovO4 GIS/PD support $9,778.00 69818 $10,123.00NovO4workorders $345.00
Loretto Auto Recondition
Unit 404 04-66 Home Depot hit/ $1,180.64 69890 $1,180.64
Loretto Auto Recondition
04-63 12.10.04 #489 damage $1,722.90 69958 $4,138.87
Unit 402 04-52 damaged $2,415.97
Love, John
Jan05 Utility Reimbursement $15.00 69685 $15.00
Luebeck, Lowell
1.5/1.7.05 MTGF conf parking $31.75 69959 $31.75
Luther Hopkins Dodge
Unit #345 Check engine light $615.29 69819 $615.29
MEMA
05 3 Memberships/Goldstein, $75.00 69820 $75.00
MPELRA/ckaddress
Sobania/2.2/2.4.05 confregist $150.00 69821 $150.00
MPELRA/ckaddress
05 Sobania Membership 150.00 69960 $150.00
MSA/CkAddress
45.63
05 2 Memberships/Newberger,Bu 60.00 69961 $90.00
05 Peterson Membership 30.00
MES Inc
24.92
Martz/tum out coat pant,suspe 1,187.91 69962 $1,187.91
MN AFSCME Council #14
Payroll Generated Invoice 30.42
Payroll Generated Invoice 45.63
Payroll Generated Invoice 76.05
Payroll Generated Invoice 76.05
Payroll Generated Invoice 24.92
Payroll Generated Invoice 201.84
Payroll Generated Invoice 12.16
Payroll Generated Invoice 91.26
Payroll Generated Invoice 269.12
Payroll Generated Invoice 33.64
Payroll Generated Invoice 12.16
Payroll Generated Invoice 33.64
Payroll Generated Invoice 15.21
Payroll Generated Invoice 16.82
Payroll Generated Invoice 11.44
Payroll Generated Invoice 30.42
Payroll Generated Invoice 15.21
Payroll Generated Invoice 16.82
Payroll Generated Invoice 12.16
Payroll Generated Invoice 12.76
Payroll Generated Invoice 65.67
Payroll Generated Invoice I2.16
Payroll Generated Invoice 91.26
Payroll Generated Invoice 9.15
Payroll Generated Invoice 24.32
Payroll Generated Invoice 91.26
Payroll Generated Invoice 15.21
Payroll Generated Invoice 12.16
Payroll Generated Invoice 12.16
Payroll Generated Invoice 45.63
Payroll Generated Invoice 12.16
Payroll Generated Invoice 45.63
Payroll Generated Invoice 18.82
69964 2,121.63
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Payroll Generated Invoice 41.64
Payroll Generated Invoice 12.16
Payroll Generated Invoice 233.87
Payroll Generated Invoice 24.32
Payroll Generated Invoice 91.26
Payroll Generated Invoice 36.48
Payroll Generated Invoice 15.21
Payroll Generated Invoice 15.21
Payroll Generated Invoice I21.68
Payroll Generated Invoice 36.48
MN Child Support Payment Ctr
Payroll Generated Invoice 397.32 69965 1,933.06PayrollGeneratedInvoice654.81
Payroll Generated Invoice 198.43
Payroll Generated Invoice 249.65
Payroll Generated Invoice 432.85
MN Dept of Agriculture
05 P Walton/pesticide license 10.00 69779 10.00
MN Dept of Agriculture
05 4 Applic LicBuck,Andreen, 40.00 69919 40.00
MN Environmental Fund
Payroll Generated Invoice 5.93 69966 89.93
Payroll Generated Invoice 12.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 7.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 20.00
Payroll Generated Invoice 30.00
Payroll Generated Invoice 1.00
MN GFOA / CK ADDRESS
05 5 Memberships/Jacobson, 200.00 69967 200.00
MN Legal Register
05 MN Tax Court. Decisions 75.00 69824 75.00
MN Metro Fire Officers Assc
05 Kline Membership 100.00 69975 100.00
MN NCPERS Life Insurance
Jan05 Employee Life Insurance 1,707.00 69825 1,707.00
MN Pollution Control Agency
5 Registr Collection syst Oper 1,350.00 69826 1,350.00
MN Recreation & Park/CK ADDR
05 Agency+ll Memberships 1,545.00 69740 1,545.00
MN Recreation & Park/CK ADDR
5 Registr meeting/E B1ank,Evan 110.00 69827 110.00
MN Rural Water Association
4 Registr 3.8/3.I0.05 Jordan, 500.00 69968 500.00
MN State Fire Chiefs Assoc
05 4 Membership dues/Kline 165.00 69741 165.00
MN State Treasurer
Dec04 Bldg Permit Surcharge 10,0I9.84 69969 10,019.84
MTI Distributing Inc
Fitting 45 deg ores/tube assy 108.81 69970 4,032.96
Bearing/pin spec/shaft roller 68.54
Sftware IyrNSN telephone supp 10,576.92
Cr inv 41413500 endrod,tie 62.50)
140 Leemco SEB reducer 47.93
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Flourescent red/4" cap 13.27
Lower radiator hose/spring ext 61.79
69697 9,965.13
Cr Oakwood irrig parts 3,087.01)
Cr irrig parts/Oakwood plylld 3,694.79)
69743 328,505.03
MacQueen Equip. Inc
Cable throttle 179.74 69828 179.74
Madison National Life
Jan05 LTD/Term Life Insurance 8,349.17 69829 8,349.17
Maintenance Experts Inc
135.62
PS 2 Restrooms saniglaze 4,260.01 69971 4,260.01
Maple Grove Park & Recreation
159.98 70009 159.98
Fall '04 Music for Everyone 8,122.12 69972 8,122.12
Maricopa Co Housing Authority
7,120.00 69979 7,120.00
Jan05 Section 8 Rent 474.69 69693 474.69
Marshall and Swift
05 Valuation Service/Commerci 340.95 69974 340.95
Masler, Toni
Park and Rec Refund 35.00 69831 35.00
Mazo, Gregory
Jan05 Section 8 Rent 872.00 69673 872.00
Medicine Lake Apartments LLC
Jan05 Section 8 Rent 778.00 69657 778.00
Metrocall
12.22/1.21.05 RAD pager rental $95.40 69742 $95.40
Metrocall
Dec0436 PD pager rentals $252.86 69832 $252.86
Metrocall
Jan05 3 SW pager rental $33.20 69976 $33.20
Metropolitan Council HRA
Jan05 Section 8 Rent 9,965.13 69697 9,965.13
Metropolitan Council -Waste
Jan05 Wastewater service 328,505.03 69743 328,505.03
Metropolitan Council/SAC
Dec04 Sery Avail Charge 64,152.00 69977 64,152.00
Michaud, Regina
15pr 51b,7pr 31b dumbbells 272.85 69851 408.47
12.22/12.23 Sam's,S&S -P&R pro 135.62
Michaud, Regina
OneNet/bubble furniture for to 159.98 70009 159.98
Midwave Corporation
Security Audit assessment 7,120.00 69979 7,120.00
Minnesota International Center
20 Great Decisions books,video $298.20 69980 $298.20
Minnesota Mailing Solutions
12 Meter half tape labels $143.78 69981 $143.78
Minnesota NAHRO
05 Agency Membership $175.00 69982 $275.00
05 5 Memberships/Bames,Hutt, $100.00
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Minnesota Rubber
1100 Xenium Ln/refund UB 1,752.28 69983 1,752.28
Minnetonka Senior Services
12.17.04 Cannon Falls trip 1,054.00 69984 1,054.00
Mittelstaedt, Sara
1.6/1.7.05 Rainbow,TJ Max,Tatg 91.53 70015 91.53
Mobile Lock And Safe Co.
FS2 adjust strike plate on ent 103.00 69985 692.23
PC closet lock,install 429.70
PD 4 padlocks w/master cyl 90.88
6 reg keys,4 master padlocks 68.65
Monitor Systems
Speed radar trailer 8,780.93 69986 8,780.93
Mpls Public Housing Auth
Jan05 Section 8 Rent 3,118.38 69700 3,118.38
Muckala, Toni Denise
Jan05 Section 8 Rent 918.00 69722 918.00
Muzak
Jan05 Muzak 66.78 69987 66.78
NAHRO/CkAddress
05 Agency/NCRC Dues 367.48 69988 367.48
NIOA
05 B Cox Membership 75.00 69833 75.00
National Crime Prev Council
500 McGruff biter badge sticke 202.25 69834 202.25
National Fire Prot Asc/Ck addr
05 NFCSS Internet Access 625.50 69744 625.50
National League of Cities
T Bildsoe/non member owe regis 95.00 69835 95.00
National Safe Kids
20 Keep Your Child safe poster 50.00 69989 50.00
National Waterworks Inc
5ft hydrafinder flag 480.48 69836 480.48
National Waterworks Inc
12" gasket, 12 plug 98.36 69990 459.79
24 #67 cplg,4 #113 Hyd flg 361.43
Network Data Resources
85% IC data&voice cable proj 5,992.94 69991 5,992.94
Nevelskiy, Vadim
Jan05 Section 8 Rent 1,254.00 69725 1,254.00
Ngo, Kimchau
Jan05 Section 8 Rent 475.00 69690 475.00
Nodehi, Khashayar
Park and Rec Refund 2.00 69993 2.00
Northern Sanitary Supply
IC TP,towels,laundry detrgnt,w 970.32 69838 970.32
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Northern Sanitary Supply
PC spray/gloves/clnr/ice melt $678.94 69994 $678.94
Northland Chemical Corp
Streets/dissolve degreaser $102.33 69839 $102.33
Northwest YMCA
2004/2005 POINT NW Runaway $8,000.00 69840 $8,000.00
OPR Limited Partnership
Jan05 Section 8 Rent $14,174.00 69702 $14,174.00
OPR Limited Partnership
Jan05 HAP $175.00 69995 $175.00
Oakwood Apartments
Jan05 Section 8 Rent $869.00 69658 $869.00
Ockenden, Bob
Park and Rec Refund $32.00 69841 $32.00
Oie, Tim
1.3/1.8.05 Jacksonville FL con 338.58 70031 338.58
Olchanski, Alex
7.00
Jan05 Section 8 Rent 440.00 69648 440.00
Olshansky, Asya
3.00
Jan05 Section 8 Rent 930.00 69654 930.00
Olson, Mark
1.00
Jan05 Section 8 Rent 560.00 69694 560.00
On Site Sanitation
11.20/12.17 Ridgemont $55.65 69842 $55.65
Open Your Heart
Payroll Generated Invoice 1.00 69996 16.00
Payroll Generated Invoice 7.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Orbit Courier
12.29 From MTI 9.54 69997 9.54
Orrin Thompson Homes
R200208867 6.19.02 Fin guar 33,200.00 69843 33,200.00
Owens Services Inc.
PW exhaust fan replaced bearin 1,254.42 69844 1,899.09
Lacompte Plyfld repair vent 308.67
Jan-Mar05 Dome sere maint 336.00
Owens Services Inc.
CC Entryway heater wtr temp to 129.20 69998 1,102.78
PC boilers down over wknd/repa 248.40
Pavilion lennox unit replcd bl 461.98
Pavillion warming hse unit htr 263.20
PLEAA
05 8 MembershipsBatula, $240.00 69845 $240.00
Palen, Jos F
Jan05 Section 8 Rent $4,095.00 69686 $4,095.00
Park Place Apartments
Jan05 Section 8 Rent $2,440.00 69703 $2,440.00
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Parkside Apartments
296'93 Mazda tow 168.04 69847 $712.16
Jan05 Section 8 Rent 17,316.00 69704 17,316.00
Party America
158.04
12.7/12.31 Inhouse charges 219.68 69992 219.68
Pearson, Scott
Jan05 Section 8 Rent 527.00 69711 527.00
Pedersen, Kai
Jan05 Section 8 Rent 364.00 69687 364.00
Petersen, Dee
Park and Rec Refund $200.00 69846 $200.00
Peterson, Mark S
12.1/12.23 195 Mileage Reimb $73.13 69830 $73.13
Petrovski, Igor
Jan05 Section 8 Rent $1,204.00 69678 $1,204.00
Petty Cash
9.14/12.30.04 Parking,report b $130.00 70000 $130.00
Petty Cash
Jan05 cash box teen events $50.00 70001 $50.00
Plekkenpol, Daniel
1.6.05 Henn Co Chiefs mtg $13.00 69915 $83.22
1.3.05 SWAT training/mtg $70.22
Plymouth Automotive Inc.
296'93 Mazda tow 168.04 69847 $712.16
295'05 Chev corvette tow 243.04
297'89 Ford Probe tow 143.04
298'01 Hyundai Accent tow 158.04
Plymouth Colony Apartments
Jan05 Section 8 Rent 14,215.00 69706 14,215.00
Plymouth Colony Apartments
Jan05 HAP 821.00 70002 821.00
Plymouth Community Theatre
12.9/12.19.04 Holiday Producti 5,183.00 70003 5,183.00
Plymouth Office Equipment Inc
1.13/2.13.05 Finance copier rn 133.13 69745 133.13
Plymouth Ponds Apartments
Jan05 Section 8 Rent 22,054.00 69708 22,054.00
Plymouth Ponds Apartments
Jan05 HAP 69.00 69848 69.00
Plymouth Terrace Realty, LLP
Jan05 Section 8 Rent 123.00 69709 123.00
Printers Service Inc
2 -Ice knife sharp 34.00 69849 34.00
Quality Collision Center
Unit 21 body refinishing $17,896.95 70004 $17,896.95
Quantum Development, Inc.
Sep-Dec04 Aerobics Class $76.00 69850 $139.00
Jun-Ju104 Aerobics class $63.00
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Qwest
Jan05 PD to Sheriff $93.99 70005 $333.31
Jan05 L Olson $99.54
Jan05 Connect WTP's $139.78
RJM Construction Inc
R200214237 9.12.02 erosion ref $1,000.00 70006 $1,000.00
Randy's Sanitation Inc
Dec04 PW,PM,SW Rubbish Rmvl 692.85 70007 1,021.82
Dec04 CC Rubbish Removal 328.97
Referees Advantage
663.32 70013 663.32
12.27/12.28.04 54 soccer games 1,073.00 70008 1,073.00
Residential Heating & AC
895.08 69854 895.08
R421182 dble pay permits 139.71 69852 139.71
Resourceful Bag & Tag Inc
717.00 69855 717.00
4cs Rcyclr container syst,2cs 1,082.00 70010 1,082.00
Rivera, Heather
Park and Rec Refund $14.00 69803 $14.00
Robinson, Nakia
Jan05 Utility Reimbursement $70.00 69701 $70.00
Rosenlund, Scott
Jan05 Section 8 Rent $1,349.00 69712 $1,349.00
Roytelman, Ilya
Jan05 Section 8 Rent 611.00 69679 611.00
Ryan Companies US Inc
382.55
13605 1st Ave N UB refund 663.32 70013 663.32
SCS Cases
1 Hardside case 895.08 69854 895.08
SESAC Inc
05 Music Performance License 717.00 69855 717.00
SOTA
1983419/4 Registr conference 940.00 69856 940.00
SUSA
05 Young Membership $100.00 69857 $100.00
Sanco Cleaning supplies
IC 5 35g1,2 44g1 trash cntnrs 857.22 70014 1,537.54
40 50#bags Ice melt 382.55
4 23gl slimline cntnr,4opentop 297.77
Savin Corporation
Shipping/2 toner for PS 25.89 70016 25.89
Scharber & Sons/Long Lake
Thermostat,gasket,low viscosi, 28.86 70017 28.86
Scharber & Sons/Rogers
Oil line kit,O/S 139.91 70018 139.91
Schember, Diane
Park and Rec Refund $37.00 70019 $37.00
Science Explorers
1.4/1.25.05 Under The Sea $420.00 70020 $420.00
Science Museum of Minnesota
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Prepaid Computer classes 2,500.00 70021
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2,500.00
Scott County Sheriffs Dept
WN# 199902405 R500053 bail $95.00 69858 $95.00
Scott County Sheriff s Dept
WN# 200404009 R500660 bail 250.00 70022 250.00
Sears
Wrench,socket rack,laser,uni j 121.73 69859 121.73
Senness, Barbara
PPI reimb fedrl/state taxes 194.92 69891 194.92
Shenandoah Woods
Jan05 Section 8 Rent 16,193.00 69715 16,193.00
Shenoy, Gopal B
Jan05 Section 8 Rent 267.00 69672 267.00
Sherwin Williams
4gl green paint/brush 94.12 70025 331.10
4gl green,metal grid,9"tray 236.98
Shevchenko, Valentina
Jan05 Section 8 Rent 608.00 69726 608.00
Shingle Creek WMO
05 WMO Operating Budget 40,104.00 69860 40,104.00
Shred N Go
12.22 Shred service 45.00 70026 45.00
Silent Knight Security Group
WTP2 move keypad&door contact 391.05 69861 391.05
Silver Screen Advertising
New Year's & WHS recycles 56.50 69862 56.50
Sip, Michael James
Jan05 Section 8 Rent $216.00 69698 $216.00
Siwek Lumber & Millwork Inc
Truck sideboards/taper length $519.16 69863 $519.16
Slobodyanyuk, Slava
Jan05 Section 8 Rent $918.00 69717 $918.00
Snap-On Tools
1 pick set 6 -piece 23.12 69864 23.12
SourceOne Graphics Inc
Murdock,Clyman 54.32 69865 54.32
St Louis Park HRA
Jan05 Section 8 Rent 1,467.36 69718 1,467.36
St Paul Police Dept/ ck addr
Lindman/5.30.8.12.05 Police 3,500.00 69866 3,500.00
Star Tribune
PC4187259 1.24.06 Dly ppr 111.80 69867 111.80
Stitchin Post
55 Soccer Tourn T's $288.75 69868 $288.75
Stone Creek Apts
Jan05 Section 8 Rent $7,545.00 69707 $7,545.00
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Streicher's Prof.Police Equip.
Shirt/trousers Fire R Sheldon 83.90 69869 285.28
R Sheldon Trousers 139.90
Name tag/S Gottwald 20.10
69746 25.00
Flare hldr 41.38
Streicher's Prof.Police Equip.
102.21 69875 102.21
Flare hldr 41.38 70027 2,644.60
Squad 135 setup 2,530.85
70029 1,173.75
g Gun case 72.37
Suburban Tire Wholesale Inc
878.00 69689 878.00
4 It235/85r16 wrangler tires 364.53 69870 3,217.92
4 It235/85rl6 wrangler 364.57
70030 113.34
8 P225/60r16 eagle ultra grip 460.76
P215/70r15 integrity 144.88
70032 9,153.60
2 12-16.5 nhs hd2000 289.68
4 P255/70R16 wrangler 306.29
8 P225/60R16 eagle ultra grip 460.76
1 P205/65R15 regatta 45.98
p205/70r15 regatta 185.18
4 LT235/85r16 wrangler ats 356.90
4 p225/75rl6 wrangler tires 238.39
Summer Creek Apts
Jan05 Section 8 Rent 6,760.00 69719 6,760.00
Sun Newspapers/Notices
Shooting range upgrade 53.63 69871 2,198.63
Ord 2004-30 1,651.65
Ord 2004-31 493.35
Sunram Construction Inc
Proj3131 #2 drainage $21,224.90 69872 $21,224.90
Sunram Construction Inc
Proj4138#1 Wetland Restore $45,185.00 70028 $45,185.00
Superior Ford, Inc.
SW asy $34.71 69873 $34.71
Suzanne's Cuisine
3.5.05 Fire Dept Recog event 300.00 69874 300.00
TERC - USA
05 Kline Membership 25.00 69746 25.00
Target/PO Box 59228
PCC moto/multi tool/duracell 102.21 69875 102.21
Tee's Plus
DARE bkmarks,s6ckers,pencils, 1,173.75 70029 1,173.75
Thompson, Karen or Kevin
Jan05 Section 8 Rent 878.00 69689 878.00
ThyssenKrupp Elevator
Jan05 PS Elevator Maintenance 113.34 70030 113.34
Total Control Systems Inc
VFD Mission Farms Lift Station 6,039.00 70032 9,153.60
9.13 2 VFD speed control based 290.50
Cutler hammer 120V, 11. 18.04 1,013.20
8.24 Mission Farms LS pump 1 1,810.90
Trollhaugen Ski Area
1.23.05 Teen ski trip $42.00 70033 $42.00
Turovskaya, Irina
Jan05 Section 8 Rent $614.00 69680 $614.00
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Twinwest Chamber of Commerce
J Johnsordleglis brkfst $12.00 69877 $12.00
US Dept of Education
Payroll Generated Invoice $176.93 70034 $176.93
USA Bluebook
1 Hydrant nozzle saver 248.27 70035 1,614.25
1 malexmale hex 2"nipple 43.88
AMCO hydrant meter w/valve 777.05
2" hyd backflw prev,curb box w 545.05
USLink/TDS Metrocom
Dec04 Parks, CC, PW, FS 3,042.45 69878 3,042.45
United Way of Mpls
Payroll Generated Invoice 6.00 70036 102.00
Payroll Generated Invoice 6.00
Payroll Generated Invoice 6.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 11.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 13.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 10.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 4.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 13.00
University of MN
3 Registr-1.26/1.28.05 Beckwit 765.00 70037 765.00
Valley Rich Co Inc
10300 6th Avehvtrmain rprs 3,422.16 70038 3,422.16
Van Duong, Minh
Jan05 Section 8 Rent 1,115.00 69699 1,115.00
Vang, True
Jan05 Section 8 Rent 948.00 69724 948.00
Verizon Wireless
Dec04 Tufte/Ahrens 23.37 70039 97.26
Dec04 Utility 12 Blazer 7.57
Dec04 Rescue Vehicle 11 5.91
Dec04 RAD 8.07
Dec04 Mark Peterson 30.29
Dec04 Rescue 11 Fax 5.91
Dec04 Aerial 21 8,07
Dec04 Yard Waste 8.07
Veterinary Center on Main
12.10.04 Saber vet exam 286.12 69879 286.12
Vigoren, Marjorie
JoAnn Fabrics/Old Fashioned Xm 9.00 69973 9.00
Viking Safety Products
11 Sherpa,I Fleece liners 98.07 69880 98.07
Viking Trophies
5 Team Champion trophies 209.81 70040 893.54
300 Soccer medals 683.73
Wagers
PS 2 remfg toner $343.30 70041 $343.30
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Walton, Patrick
1.6.05 MTGF parking $5.75 69999 $5.75
Washington County Sheriff Dept
1,876.14 70044 5,201.28
WN# 104043985 R500425 bail 1,000.00 70042 1,000.00
Watson Company
443.00
IC Concession food resupply 2,251.05 69881 2,251.05
Watson Company
57.00 69664 57.00
IC Concession food resupply 533.44 70043 133.44
Cr deposit cheese unit 200.00)
69728 1,269.00
Cr Deposit Hottop cheese unit 200.00)
Webb, Scott
759.73 69883 759.73
1.6.05 Henn Co Chiefs Mtg 13.00 70024 13.00
Weber Electric
CC rework alternate switches f $184.00 69882 $388.88
CC install receptacle in counc $204.88
Weber Electric
PC furnish and install strobes 1,876.14 70044 5,201.28
CC install voice and data 2,882.14
PW splice multi pair cable tha 443.00
Weber, Dawn
Jan05 Utility Reimbursement 57.00 69664 57.00
Wellington Apartments
Jan05 Section 8 Rent 1,269.00 69728 1,269.00
West Point Products Inc
Print head clnr/bk/cn/mag/yw/c 759.73 69883 759.73
Wheeler Hardware Co
IC 50 Schlage Keys/locks 651.80 70045 651.80
Wild Mountain
1.30.05 Teen ski trip 42.00 70046 42.00
Willberg, Anders
Jan05 Section 8 Rent 915.00 69652 915.00
Williams, Tanaya
Jan05 Utility Reimbursement 5.00 69720 5.00
Willow Creek Apartments LLC
Jan05 Section 8 Rent 14,224.00 69659 14,224.00
Wilvers, Diane
Park and Rec Refund 53.00 69884 53.00
Wolf Camera
Admin/7 frames/see credit 97.03 69885 35.96
Cr inv 1537014810 61.07)
Woody's Hardware
1 torch kit 31.94 70047 52.21
Gloves 9.99
Ice scraper 4.04
2 Keys 3.17
Rings,allen wrench,plastic 3.07
Wright County Highway Dept
05 Hwy55 Corridor Coalition 1,000.00 69886 1,000.00
Wright -Henn Elec. Co.
12-15-04 Street lighting $6,604.27 70048 $6,604.27
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Xcel Energy
NovO4 Strt lights/11.14/12.16
11.5/12.20.04 Parks
50,012.09
2,955.90
69887 52,967.99
eQuality Pathways to Potential
Dec04 IC Janitorial
Dec04 PC Janitorial
415.35
670.95
70050
TOTAL AMOUNT:
1,086.30
1,617,804.93
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CITY OF PLYMOUTH
RESOLUTION NO: 2005 -
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING JANUARY 14, 2005
WHEREAS, a list of disbursements for the period. ending January 14, 2005 was presented to the
City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the
following funds is approved:
Anchor Bank
General & Special Revenue 295,537.37
Construction & Debt Service 94,497.79
Enterprise & Internal Service 930,619.38
Housing & Redevelopment Authority 297,150.39
GRAND TOTAL FOR ALL FUNDS $1.617.804.93
Adopted by the City Council on January 25 , 2005.
Agenda Number: 6.03
TO: Laurie Ahrens, City Manager
FROM: Paul Buck, Forester through Eric Blank, Director of Parks & Recreation
SUBJECT: 2005 - 2006 PUBLIC TREE AND STUMP REMOVAL CONTRACT
DATE: January 14, 2005, for Council Meeting of January 25
1. ACTION REQUESTED: The attached resolution awards a contract to Coolen Brothers
Tree Service for the 2005 - 2006 Public Tree & Stump removal program.
2. BACKGROUND: As in past years, the City Forester is responsible for the Shade Tree
Disease program which includes for the marking and subsequent removal of diseased and
hazardous trees. Many of these tree removals occur on City of Plymouth property.
3. DISCUSSION: The contract is based on an estimated number of removals in various
diameter classes. The actual number of removals may vary from year to year depending on
the occurrence of diseased and hazardous situations, but the price per tree is set in the bid by
diameter size. The price per unit either stayed the same or slightly decreased from the
previous contract prices.
The contract was bid for two years, with yearly review, and split into two (2) areas to
possibly promote competitive bidding. We did receive four (4) bids. This years contract again
provides for the removal of private trees that have become delinquent
4. BUDGET IMPACT: The contract will be paid for out of Forestry line item 101-1330-7518
budgeted at not to exceed $90,000.
5. RECOMMENDATION: Approve and award the 2005 - 2006 Public Tree & Stump
Removal Contract to Coolen Bros. Tree Service. The Coolen Brothers have worked for the
City of Plymouth a total of 25 years and in that time they have usually performed in a
satisfactory manner. They have also worked f'or the City of Buffalo and Wright County for
30 years.
Attachment
RESOLUTION NO. 2005 - **
APPROVING 2005 - 2006 PUBLIC TREE AND STUMP REMOVAL CONTRACT
WHEREAS, the Forestry Division will act on the 2005 - 2006 Tree & Stump Removal on City
owned lands; and
WHEREAS, in accordance with City bid, specifications were proposed and distributed and bid
proposals were received and opened on January 14, 2005 and
WHEREAS, the following contractors received bid specifications, and two valid bids were
received by the City:
Company East Bid West Bid Bid Bond Bid Notes
Coolen Bros. Tree Service 75,508.50 88,228.50 10,647.00
Knutson Tree 100,949.00 100,949.00 10,100.00 Incorrect calculations
Asplundh Tree Expert Co. 121,464.32 138,047.97 5%
Dehn Tree Co. 177,162.00 177,162.00 17,800.00 Incorrect calculations
Big Mike's Tree & Landscaping NA NA
Bob's Tree Service &
Landscaping, Inc. NA NA
Brad's Tree Service NA NA
DeAngelo Brothers, Inc. NA NA
Northeast Tree Service NA NA
Ostvig Tree, Inc. NA NA
Precision Tree Service NA NA
Rainbow Treecare NA NA
Randy's Tree Service NA NA
S&S Tree NA NA
Tree Top Service NA NA
Williams Tree Service NA NA
AND, WHEREAS, the bid of Coolen Brothers Tree Service is in conformance with City
specifications for tree and stump removal, Coolen Brothers Tree Service is therefore declared
lowest responsible bidder.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should, and hereby does, accept the proposal of Coolen
Brothers Tree Service for fiscal years 2005 - 2006. Further, that funds are authorized from
account no. 101-1330-7518 not to exceed $90,000.
Adopted by the City Council on January 25, 2005
DATE: January 14, 2005 for the City Council Meeting of January 25, 2005
TO: Laurie Ahrens, City Manager through
Anne Hurlburt, Director of Community Development
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FROM: Stephen Deuth, Sr. Engineering Techniciar}
SUBJECT: ENCROACHMENT AGREEMENT FOR SHOPS AT PLYMOUTH CREEK,
LLC (2004112)
ACTION REQUESTED: Make a motion to adopt the attached resolution approving an
encroachment agreement to allow a berm with landscaping, retaining wall, and service road within
a portion of the Medina Road right-of-way and vacated Medina Road right-of-way.
BACKGROUND: On December 28, 2004, City Council adopted Resolution 2004-537 vacating
that portion of Medina Road west of the northerly extension of the east right of way line of
Weston Lane which is platted in Maple Creek 2"d Addition. That part of the northeasterly 40 feet
of vacated Medina Road which abuts the southwesterly plat line of "Shops at Plymouth Creek"
will become attached to said plat. The City Council. did not vacate the easterly portion of Medina
Road between Weston Lane and Vicksburg Lane.
As a condition of the PUD, the developer is required to construct a berm with landscaping,
retaining wall, and service road within a portion of the Medina Road right-of-way and vacated
Medina Road right-of-way. Any changes to the subject encroachments will need approval by the
City. If the City would need the property covered by the encroachment agreement in the future for
any purpose, the owners would be notified and would incur the cost to remove the effected
encroachments. The owners of all lots within Shops at Plymouth Creek would be required to pay
their proportionate share of any future removal costs.
RECOMMENDATIONS AND CONCLUSIONS„ The staff recommends that the City Council
adopt the attached resolution approving the encroachment agreement allowing installation of a
berm with landscaping, retaining wall, and service road within a portion of the Medina Road right-
of-way and vacated Medina Road right-of-way.
attachments: Map
Final Plat
Encroachment Agreement
Resolution
O:\Engineering\GENERAL\AGREEMTS\MEMOS\CC_EncrAgr_ShopsAtPlymouthCreek. doc
ENCROACHMENT AGREEMENT AREA
STATE HVVy NO 55
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City of
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Engineering
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January, 2005
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ENCROACHMENT' AGREEMENT
AGREEMENT made this day of , 2005, by and between the
City of Plymouth, a Minnesota municipal corporation ("City"), and SHOPS AT
PLYMOUTH CREEK, L.L.C., a Delaware limited liability company ("Owner").
1. BACKGROUND. Owner is the fee owner of certain property in the City of
Plymouth, County of Hennepin, State of Minnesota and legally described as Lots 1, 2, 3,
4, 5 and 6, Block 1, Shops at Plymouth Creek, Hennepin County, Minnesota, together
with that portion of vacated Medina Road which accrued thereto, hereinafter
Property"). Owner intends to develop and construct a retail shopping center on the
Property (the "Shopping Center") in accordance with City -approved plans thereof. The
City owns the right-of-way for public purposes over and across that portion of Medina
Road dedicated in the plats of "Spicer Addition" and "Maple Creek 2nd Addition" as
described in Parcel 1 of Exhibit A attached hereto; and the City owns in fee simple that
portion of Medina Road dedicated in the plat o1F "Spicer Addition" which was vacated as
evidenced by City of Plymouth Resolution No. 2004-537 recorded as Document No.
and described in Parcel 2 of Exhibit A attached hereto (collectively the
Right -of -Way"). As part of the Shopping Center development, Owner will be
constructing a service road, berm, retaining wall, landscaping and other improvements
shown on the final City approved plans for the Shopping Center (the "Encroachments")
within the Right -of -Way for the benefit of the ]Property.
2. ENCROACHMENT AUTHORIZATION. The City hereby approves of the
construction, maintenance and repair of the Encroachments onto the Right -of -Way by
Owner, its successors and assigns. No modifications of the Encroachments will be
permitted without prior approval by the City.
3. HOLD HARMLESS AND INDEMNITY. In consideration of being
allowed to encroach onto the Right -of -Way, Owner, for itself, its successors and assigns,
hereby agrees to indemnify and hold the City harmless from all costs and expenses,
claims and liability, including reasonable attorney's fees, relating to or arising out of this
grant to the Owner of permission to encroach onto the Right -of -Way for the construction,
maintenance and use of the Encroachments.
4. TERMINATION OF AGREEMENT. The City may, at its sole discretion,
terminate this Agreement at any time that it determines that the Right -of -Way should be
opened, constructed and maintained by the City as a public street, with access rights to
the Property, by giving the Owner of the Property ninety (90) days advance written
notice. The City agrees that this Agreement shall not be terminated by the City until and
at such time as the City determines that the :Bight -of -Way is to be opened as a public
street. The Owner shall remove the Encroachments before the effective date of
termination of this Agreement. If the Owner fails to do so, the City may remove the
Encroachments and Owner agrees to pay the City's costs for the removal. The owner(s)
of each of the platted lots of the Property shall pay its proportionate share thereof.
4 176720
5. RECORDING. This Agreement shall be recorded against the title to the
subject property.
CITY OF PLYMOUTH
AND
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
Judy A. Johnson, Mayor
Laurie Ahrens, City Manager
The foregoing instrument was acknowledged before me this day of
2005, by Judy A. Johnson and by Laurie Ahrens respectively the Mayor
and City Manager of Plymouth, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
4 176720
SHOPS AT PLYMOUTH CREEK, L.L.C., a Delaware limited liability
company
BY:
David J. Yung,
Its: Manager
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2005, by David J. Yung, the Manager of Shops at Plymouth Creek, L.L.C., a Delaware
limited liability company, on behalf of the Company.
Notary Public
Notary Seal/Stamp:
DRAFTED BY:
City of Plymouth
3400 Plymouth Blvd.
Plymouth MN 55447
4 176720
EXHIBIT A
Parcel 1:
All that part of Medina Road right-of-way as dedicated in the plats of SPICER
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, and
MAPLE CREEK 2ND ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota, lying east of the east line extended of Weston Road as dedicated in
said MAPLE CREEK 2N ADDITION, said line extended to the north line of said
Medina Road right-of-way.
Parcel 2:
The Southwesterly half of Medina Road right-of-way as dedicated in the plat of SPICER
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying
northwesterly of a line drawn radially from the most easterly corner of Outlot A, SPICER
ADDITION.
176720
CITY OF PLYMOUTH
RESOLUTION 1005 -
APPROVING ENCROACHMENT AGREEMENT FOR
SHOPS AT PLYMOUTH CREEK, LLC
WHEREAS, Shops at Plymouth Creek, L.L.C. has requested an encroachment agreement to allow
installation of a berm with landscaping, retaining wall, and service road within a portion of the
Medina Road right-of-way and vacated Medina Road right-of-way; and
WHEREAS, the encroachment agreement only permits said encroachments within the right-of-way
and all related facilities must still meet all applicable City codes; and
WHEREAS, the property to which this encroachment agreement is granted is legally described as
Lots 1, 2, 3, 4, 5 and 6, Block 1, Shops at Plymouth Creek;
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 an encroachment agreement that will allow for the installation of a
berm with landscaping, retaining wall, and service road within a portion of the Medina Road right-
of-way and vacated Medina Road right-of-way.
Be it further resolved that the Encroachment Agreement is not to be filed with Hennepin County
until after the final plat of Shops at Plymouth Creek has been recorded.
Adopted by the City Council on January 25, 2005.
O: \Eng i neeripg\GENERAL\AGREEMT SURESOLUTIONSTncroAg mt_S ho psA[P lymouth Creek. doe
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth
City Council on , with the original thereof on file in my office, and
the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
yS/'0/ ckr-
DATE: January 12, 2005 for the City Council Meeting of January 25, 2005 4QS9 tit4n
TO: Laurie Ahrens City Manager through In vq% r
Anne Hurlburt, Director of Community Development at7l l yZ"'m /
7
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FROM: Daniel K. Campbe, r. ngineering Technician
SUBJECT: VICKSBURG LANE/HIGHWAY 55 INTERSECTION IMPROVEMENTS
CITY PROJECT NO. 4134
ACTION REQUESTED: Make a motion to adopt the attached resolution approving final plans and
specifications and ordering advertisement for bids for the above project.
BACKGROUND: To accommodate the increase in traffic, which is anticipated with the new
development proposed by CSM Corporation in the southwest corner of Trunk Highway 55 and
Vicksburg Lane, the following improvements are proposed. The improvements include a new
signalized intersection at 32nd Avenue and Vicksburg Lane, a southbound right turn lane on Vicksburg
Lane at 32nd Avenue, along with necessary geometric revisions, and the addition of left turn lanes to
provide dual left turns on all approaches to the Trunk Highway 55/Vicksburg Lane intersection. SRF
Consulting Group, Inc. has prepared final plans and specifications for these improvements and is
requesting approval at this time.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the
attached resolution approving final plans and specifications and ordering advertisement for bids for
Vicksburg Lane/Highway 55 Intersection Improvements Project, City Project No. 4134, with bids to be
received February 24, 2005.
attachments: Map
Resolution
0:\Engineering\PR0JECTS\2000 - 2009\4134\Memos\CC_App_PlnsSpecs_Bids_4134.doc
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
APPROVING PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS
VICKSBURG LANE/TRUNK HIGHWAY 55
INTERSECTION IMPROVEMENTS
CITY PROJECT NO. 4134
WHEREAS, pursuant to a resolution passed by the Council on October 12, 2004 the
City's Consulting Engineer, SRF Consulting; Group, Inc., has prepared plans and
specifications for Vicksburg Lane/Trunk Highway 55 Intersection Improvements for the
construction of a permanent traffic control signal system at 32nd Avenue and Vicksburg
Lane, a southbound right turn lane on Vicksburg Lane at 32nd Avenue, along with
geometric revisions and the addition of left turn lanes to provide dual left turns on all
approaches to the Vicksburg Lane/Trunk Highway 55 intersection;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
Such plans and specifications, copies of which are on file in the City
Engineer's Office and made a part hereof, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper
and in The Construction Bulletin an advertisement for bids for the making
of such improvement under such approved plans and specifications. The
advertisement shall be published twice, shall specify the work to be done,
shall state that bids will be received by the City Clerk until 10:00 a.m. on
February 24, 2005 at which time they will be publicly opened in the
Council Chambers of the Plymouth City Center building at 3400 Plymouth
Boulevard, Plymouth, Minnesota, by the City Manager and that no bids
will be considered unless sealed and filed with the City Clerk and
accompanied by a cash deposit, cashier's check, bid bond or certified
check payable to the City Clerk for five percent of the amount of such bid.
Adopted by the City Council on January 25, 2005.
0:1Engineering\PR0JECTS\2000 - 2009\4134\Resol\App_PlmSpecs_4134_Res.doc
Agenda Number: b . 0 , 5
CITY OF PLYMOUTH
CITY COUNCIL AGENDA REPORT
TO: Laurie Ahrens, City Manager
FROM: Shawn Drill, Senior Planner through Anne Hurlburt, Community
Development Director
SUBJECT: Shops at Plymouth Creek, LLC. Development Contract for "Shops at
Plymouth Creek" located southwest of State Highway 55 and Vicksburg
Lane (2004112-F)
DATE: Jan. 18, 2005 for the City Council Meeting on Jan. 25, 2005
1. PROPOSED MOTION:
Move to adopt the attached resolution approving the development contract for "Shops at
Plymouth Creek".
Approval of a development contract requires a 4/7 vote of the City Council.
2. BACKGROUND:
On December 14, 2004, the City Council approved the final plat for the Shops at Plymouth Creek
project. Subsequently, staff has prepared the attached development contract in order to address
the public and private improvements within the development.
3. RECOMMENDATION:
Community Development Department staff recommends adoption of the attached resolution
approving the development contract for "Shops at Plymouth Creek".
ATTACHMENTS:
1. Location Map
2. Final Plat
3. Development Contract
4. Resolution Approving the Development Contract
Mr.
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FINAL PLAT
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reserved for recording information)
DEVELOPMENT CONTRACT
Developer Installed Improvements)
SHOPS A T PL YMO UTH CREEK (2004112-F)
AGREEMENT dated , 2005, by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City"), and Shops at Plymouth Creek, L.L.C., a
Delaware limited liability company (the "Developer").
1. PLAT APPROVAL. The City approved the final plat for Shops at Plymouth Creek (referred to in
this Contract as the "plat") on December 14, 2004. The land is situated in the County of Hennepin,
State of Minnesota, and is legally described as:
Lot 1, Block 1, Spicer Addition
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the recording of the plat on
condition that the Developer enter into this Contract, furnish the security required by it, and record the
plat with the County Recorder or Registrar of Titles within (180) days after the City Council approves
the final plat.
3. RIGHT TO PROCEED. Unless separate written approval has been given by the City, within the
plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees,
construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings
until all the following conditions have been satisfied: 1) this agreement has been fully executed by
both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3)
the plat has been recorded with the Hennepin County Recorder's Office, and 4) the City's Community
Development Director has issued a letter that all conditions have been satisfied and that the Developer
may proceed.
4. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City's Comprehensive Plan or official controls shall apply to or affect the use,
development density, lot size, lot layout or dedications of the approved final plat unless required by
state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding
anything in this Contract to the contrary, to the full extent permitted by state law, the City may require
compliance with any amendments to the City's Comprehensive Plan, official controls, platting or
dedication requirements enacted after the date of this Contract.
5. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans.
The plans shall not be attached to this Contract. If the plans vary from the written terms of this
Contract, the written terms shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation and Reforestation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Landscape Plan
Plan F - Permanent Traffic Control Plan
Plan G — PUD General Plan
6. IMPROVEMENTS. The Developer shall install and pay for the following public and private
improvements the characterization of which is identified in Section 24 of this Contract:
A. Driveway, Curb Cut, and Parking Lot
B. Sanitary Sewer
C. Watermain
D. Surface Water Facilities (pipe, ponds, rain gardens, etc.)
E. Grading and Erosion Control
F. Sidewalks/Trails
G. Street Lighting
H. Underground Utilities
I. Street Signs and Traffic Control Signs
J. Landscaping Required by Section 21130.03 of the Zoning Ordinance
K. Tree Preservation and Reforestation
L. Wetland Mitigation and Buffers
M. Monuments Required by Minnesota Statutes
N. Miscellaneous Facilities
The improvements shall be installed in accordance with the City subdivision ordinance and the City's
engineering guidelines. The Developer shall submit plans and specifications which have been
prepared by a competent registered professional engineer to the City for approval by the City
Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to
assure an acceptable level of quality control to the extent that the Developer's engineer will be able to
certify that the construction work meets the approved City standards as a condition of City
acceptance. In addition, the City may, at the City's discretion and at the Developer's expense, have one
or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The
Developer, its contractors and subcontractors, shall follow all instructions received from the City's
inspectors. The Developer's engineer shall provide for on-site project management. The Developer's
engineer is responsible for design changes and contract administration between the Developer and the
Developer's contractor. The Developer or his engineer shall schedule a pre -construction meeting at a
mutually agreeable time at the City Hall with all parties concerned, including the City staff, to review
the program for the construction work.
2—
O:\Engineering\DEV LMNTS\2004\2004112\Docmts\3—DevContract-2004112.doc
All labor and work shall be done and performed in the best and most workmanlike manner and in
strict conformance with the approved plans and specifications. No deviations from the approved
plans and specifications will be permitted unless approved in writing by the City Engineer. The
Developer agrees to furnish to the City a list of contractors being considered for retention by the
Developer for the performance of the work required by the Contract. The Developer shall not do any
work or furnish any materials not covered by the plans -and specifications and special conditions of
this Contract, for which reimbursement is expected from the City, unless such work is first ordered in
writing by the City Engineer as provided in the specifications.
7. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director
may not act as contractors or subcontractors for the public improvements identified in Paragraph 8
above.
S. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all
necessary permits, including but not limited to:
MnDOT for State Highway Access and Drainage
Minnesota Department of Health for Watermains
NPDES Permits
MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
City of Plymouth for Building Permits
MCES for Sanitary Sewer Connections
Watershed Permits
9. TIME OF PERFORMANCE. The Developer shall subject to unavoidable delays install all
required public improvements by October 31, 2006. If tax increment financing is approved for the
project and if bids satisfactory to the City are received, the City will undertake and diligently pursue
in good faith, improvements generally in accordance with the attached Exhibit "B."
10. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a
license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
11. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility
construction, and street construction is restricted to access the subdivision via Vicksburg Lane at
32nd Avenue and 31S` Avenue. No construction traffic is permitted on other adjacent local streets.
12. GRADING PLAN. The plat shall be graded in accordance with the approved Grading Drainage and
Erosion Control Plan, Plan "B". The plan shall conform to City of Plymouth specifications. Within
thirty (30) days after completion of the grading, the Developer shall provide the City with a "record"
grading plan certified by a registered land surveyor or engineer that all ponds have been constructed
on public easements or land owned by the City. The "record" plan shall contain site grades and field
verified elevations of the following: a) cross sections of ponds; b) location and elevations along all
swales, emergency overflows, wetlands, wetland mitigation areas if any, ditches, locations and
3—
O:\Engineering\DEVLMNTS\2004\2004112\Docmts\3_DevContract 2004112.doc
dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; d) top and bottom of
retaining walls.
13. EROSION CONTROL. Prior to initiating site grading, the Erosion Control Plan, Plan B, shall be
implemented by the Developer and inspected and approved by the City. Erosion control practices
must comply with the Minnesota Pollution Control Agency's Best Management Practices. The City
may impose additional erosion control requirements if they would be beneficial. All areas disturbed
by the excavation and backfilling operations shall be reseeded within 48 hours after the completion of
the work or in an area that is inactive for more than five (5) days unless authorized and approved by
the City Engineer in writing. Except as otherwise provided in the erosion control plan, seed shall be in
accordance with the City's current seeding specification. All seeded areas shall be fertilized, mulched,
and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in
controlling erosion. If the Developer does not comply with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems
appropriate to control erosion. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights or
obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for
such work within ten (10) days, the City may draw down the security to pay any costs. No
development, utility or street construction will be allowed and no building permits will be issued
unless the plat is in full compliance with the approved erosion control plan.
14. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all street maintenance affected by construction activity. The Developer shall maintain a smooth
surface and provide proper surface drainage to insure that the streets are passable to traffic and
emergency vehicles. The Developer shall be responsible for keeping streets within and without the
subdivision swept clean of dirt and debris that may spill, track, or wash onto the street from
Developer's operation. The Developer shall contract for street cleaning within and immediately
adjacent to the development. At a minimum, scraping and sweeping shall take place on a weekly
basis. A copy of this contract shall be approved by the City before grading is started. The contract
shall provide that the City may direct the contractor to clean the streets and bill the Developer.
15. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required
by this Contract, the improvements lying within public easements shall become City property. Prior
to acceptance of the improvements by the City, the Developer must furnish the following affidavits:
Contractor's Certificate
Engineer's Certificate
Land Surveyor's Certificate
Developer's Certificate
certifying that all construction has been completed in accordance with the terms of this Contract.
All necessary forms will be furnished by the City of Plymouth. Upon receipt of affidavits and
verification by the City Engineer, the City Engineer will accept the completed public improvements.
Within thirty (30) days after the acceptance of the improvements, the Developer shall supply the City
with a complete set of reproducible "record" plans, an electronic file of the "record" plans in an
AutoCad .DWG file or a .DXF file, and two complete sets of blue line "record" plans, all prepared in
accordance with City standards.
4—
O:\Engineering\DE VLMNTS\2004\2004112\Docmts\3—DevContract-2004112.doc
16. WATER AREA CHARGE This plat is subject to a water area charge and is calculated as follows:
28.6 acres — 22.3 acres previously assessed = 6.3 acres x $2,370 per acre = $14,931.
The developer may elect to pay the water area charge in cash at the time of final plat approval or
have it assessed against the lots and blocks in the final plat. If assessed, the charge will be spread
over 5 years at 5.25% interest on the unpaid balance. The assessment shall be deemed adopted on
the date this Contract is signed by the City. The Developer waives any and all procedural and
substantive objections to the special assessment, including but not limited to, hearing requirements
and any claim that the assessment exceed the benefit to the property. The Developer waives any
appeal rights otherwise available pursuant to M.S.A. 429.081.
17. WETLAND MITIGATION. Before the City signs the final plat, the Developer shall post a
31,500 security for wetland mitigation. This security may be in the form of a letter of credit separate
from the primary development security or in the form of a non-interest bearing escrow with the City.
If the mitigation area is found to be unsuccessful after the mandatory five-year warranty period, the
City may elect to extend the required monitoring period, or keep the security to be used for this
mitigation project or for wetland mitigation/restoration elsewhere within the City. In addition, the City
may draw down the security at any time during the warranty period if the Developer fails to take
corrective measures as directed by the City to perform the work recommended.
18. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. No building permits shall be issued until an MPCA Permit has been issued.
B. Prior to issuance of building permits, wetland buffer monuments shall be placed in
accordance with the City's zoning ordinance. The monument design shall be approved by
the Community Development Department.
C. Written certification of the grading for the block where the building is to be located.
D. Breach of the terms of this Contract by the Developer, including nonpayment of billings
from the City, shall be grounds for denial of building permits, including lots sold to third
parties if the lots are connected to the default and the halting of all work in the plat.
E. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, their contractors,
subcontractors, materialmen, employees, agents, or third parties. No sewer and water
connection permits may be issued until the utilities are tested and approved by the City
Engineer.
19. RESPONSIBILITY FOR COSTS.
A. In the event that the City receives claims from labor, materialmen, or others that work required
by this Contract has been performed, the sums due them have not been paid, and the laborers,
materialmen, or others are seeking payment from the City, the Developer hereby authorizes
the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil
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Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125
percent of the claim(s) and deposit the funds in compliance with the Rule, and upon such
deposit, the Developer shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the letters of credit deposited with the District Court, except that
the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Contract.
B. Except as otherwise specified herein, the Developer shall pay all costs and expenses incurred
by the City in enforcing this Development Contract including reasonable attorneys' and
engineering fees. The Developer shall also pay all application and other customary fees.
C. The Developer shall hold the City and its officers, employees, and agents harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from
plat approval and development. The Developer shall indemnify the City and its officers,
employees, and agents for all costs, damages, or expenses which the City may pay or incur in
consequence of such claims, including attorneys' fees.
D. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
E. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of
the Developer and shall continue in full fierce and effect even if the Developer sells one or
more lots, the entire plat, or any part of it.
F. The Developer shall pay in full all bills submitted to it by the City for obligations incurred
under this Contract within thirty (30) days after receipt. Bills not paid within thirty (30) days
shall accrue interest at the rate of eight percent (8%) per year.
G. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to sewer availability charges ("SAC"),
City water connection charges, City sewer connection charges, and building permit fees.
20. SPECIAL PROVISIONS. The following special. provisions shall apply to plat development:
A. The Developer shall post a $4,100 security for the final placement of all subdivision iron
monuments. The security was calculated as follows: 41 irons at $100.00 per iron. The security
will be held by the City until the Developer's land surveyor certifies that all irons have been
set following site grading and utility and street construction. In addition, the certificate of
survey must also include a certification that all irons for a specific lot have either been found
or set prior to the issuance of a building permit for that lot.
B. The Developer must obtain a sign permit from the City Building Official prior to installation
of any subdivision identification signs.
C. Other Requirements:
1. A Rain Garden Agreement is required.
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2. Minimum floor elevations: Lowest building must have a minimum of 1.5 feet of
freeboard above the emergency overflow elevation, and 2 feet above the high water
level of adjacent ponds and wetlands. See 22.C.29.x.
3. No building permits shall be issued until the final plat is filed and recorded with
Hennepin County and a PUD final plan is approved by City staff.
4. The developer is responsible for 25 percent of the cost for the transportation
improvements at the Vicksburg Lane/32nd Avenue intersection. The traffic
improvements would be constructed by the City.
5. In conjunction with recording of the final plat, cross -access easements, as approved
by City staff, shall be recorded on the drives for all lots (Lots 1-6) within the
development.
6. In conjunction with recording of the final plat, cross -parking easements, as approved
by City staff, shall be recorded on the commercial lots (Lots 1-5).
7. The developer shall obtain approval of an encroachment agreement from the City for
any portion of the proposed berm or retaining wall that is located within the Medina
Road right-of-way or on City property. The encroachment agreement shall be
obtained prior to the issuance of the grading permit.
8. Development standards, permitted uses, regulations, requirements, and restrictions
for the property within this plat shall be as specified in City Council Resolution
2004-477, which approved the PUD general plan.
9. The ponds shown in the north and south portions of the site (located on Lots 2 and 6
of the plat, respectively) shall be constructed in conjunction with the Phase 1
commercial) development.
10. The required traffic improvements shall be completed prior to opening any of the
businesses within the PUD.
11. Prior to the issuance of building permits, the developer shall execute the Tax
Increment Financing Redevelopment Project Area No. 1 Development Agreement.
12. A bump -out must be painted adjacent to the island at the main entrance to the site
making the entrance 16 feet wide.
13. Compliance with the Ordinance regarding the location of fire hydrants, post indicator
valve, fire department connection, fire lanes, and fire lane signage.
14. Prior to issuance of building permits, the developer shall provide the required
financial guarantee for private site improvements.
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15. Prior to the release or reduction of the financial guarantee, an 8 1/2 x 11 inch "As
Built" Fire Protection Plan shall be submitted, and reproducible Mylar As -Built
prints of the sanitary sewer, water service, storm sewer and ponds shall be submitted.
16. The use of outdoor loudspeakers shall be limited. Any outdoor loudspeaker system
shall be reviewed for compliance with the City's noise ordinance.
17. The service drive located in the south portion of the site shall not be used for truck
traffic between the hours of 11:00 p.m. and 7:00 a.m. Signage shall be installed
indicating this restriction on truck traffic.
18. All structures shall comply with the following architectural design standards:
a. All structures shall have high quality finishes and shall be constructed of
durable materials. The Lowe's Home Improvement and Walgreen's
buildings shall be constructed substantially in accordance with the respective
building elevations received by the City on October 1, 2004. The major
exterior surfaces of all other buildings shall include face brick, stone, glass,
stucco or decorative block --all building elevations shall receive nearly equal
treatment and visual qualities. Painted block is prohibited.
b. Building colors shall be harmonious throughout the development. Bright,
long, continuous bands of color are prohibited. Bright or brilliant colors and
sharply contrasting colors may be used only for accent purposes and shall not
exceed five (5) percent of the wall area.
C. All parapets visible from the back shall be painted to match the building.
d. Any visible rooftop or ground -mounted mechanical equipment shall be
screened or painted to match the building. Materials for any screening walls
shall be of the same materials as the primary structure.
e. Buildings shall have varied and interesting detailing. The use of large
unadorned walls unrelieved by architectural detailing, such as change in
materials, change in color, offsets, or other significant visual relief provided
in a manner or at intervals in keeping with the size, mass, and scale of the
wall and its views from public rights-of-way shall be prohibited.
f. Trash and recycling storage areas not internal to buildings shall be screened
within an enclosure with walls designed to be aesthetically harmonious and
compatible with the building. Materials for such enclosures shall be of the
same materials as the primary structure. Such enclosures shall include solid
wooden gates.
g. Proportions of the architecture shall be appropriate to the pedestrian scale on
structures that are designed for small, multiple tenant shopping.
h. Uniform materials including copper -colored metals, limestone tones of
masonry, and cream -colored stucco shall be incorporated on every structure.
The use of varied textures is encouraged.
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i. Exterior lighting shall be consistent throughout the development. Decorative
light standards are to be incorporated throughout the pedestrian walkway
areas.
j. Elevations of all sides of a proposed building shall be submitted with the
required PUD Final Plan, for determination of compliance with the above
requirements. '
19. All signs shall comply with the following signage criteria:
a. All signs shall conform with Section 21155.02 (Signs - General Regulations
and Restrictions) of the Zoning Ordinance, except as amended herein.
b. Two free-standing business signs shall be allowed on the Phase 1 site, as
follows: 1) a 36 -foot high, 200 -square foot pylon sign along Highway 55 (on
Lot 2) that would include Lowe's, as well and other tenants yet to be
determined; and 2) a 10 -foot high, 30 -square foot sign along Vicksburg Lane
on the Walgreen's parcel (Lot 4), as shown on Plan A3.1 received by the City
on October 1, 2004.
C. Wall business signage shall be allowable on two elevations of each building,
except that wall signage shall be allowable on four elevations of the Retail B
and Retail C buildings (located on Lot 2). The elevations eligible for wall
signage shall be limited as follows:
BUILDING/ LOT ELIGIBLE WALL
SIGNAGE LOCATIONS
Lowe's, Lot 1 north (side) and east (front) elevations
Retail A, Lot 2 north, east, or west elevations
Retail B, Lot 2 all elevations
Retail C, Lot 2 all elevations
Bank, Lot 3 north, east or west elevations
Walgreen's, Lot 4 east and south elevations
Restaurant/Retail, Lot: 5 north (front) and east (side) elevations
d. Signs shall be designed and constructed in a uniform manner and, to the
extent possible, as an integral part of the building's architecture. Uniform
signage shall be used throughout the development.
e. All wall signs shall consist of individual dimensional letters and logos, and
shall be architecturally compatible with the building and other signage if in a
multi -tenant building.
f. Tenant signage shall consist of store/business identification only. Corporate
logos, emblems, display messages, and similar identifying devices are
permitted provided they are confined within the sign band and do not occupy
more than fifteen (15) percent of the sign area.
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g. Illuminated wall signs shall consist of channel letters with acrylic facing or
reverse channel letters (halo lighted). Externally illuminated wall signs by a
separate light source shall be prohibited.
h. Wall signs shall not extend more than eight inches beyond the face to which
the sign is mounted. This provision shall not apply to Lowe's Home
Improvement.
i. Individual letters for wall signs in multi -tenant buildings shall not exceed
thirty (30) inches in height, and shall not cover more than eight (8) percent of
the wall area.
j. Wall signage for the Lowe's Home Improvement and Walgreen's buildings
shall be as indicated on the respective building elevations received by the
City on October 1, 2004.
k. Unless otherwise approved by this contract, individual letters for wall signs
in single -tenant buildings shall not exceed thirty-six (36) inches in height,
and shall not cover more than eight (8) percent of the wall area, except that
individual letters for single -tenant use of the Retail A building (located in the
northwest corner of the site) shall not exceed sixty (60) inches in height, and
shall not cover more than eight (8) percent of the wall area.
1. Back -lit awnings are prohibited.
M. Inflatable advertising devices and searchlights are prohibited.
n. Temporary signage shall comply with Zoning Ordinance requirements.
o. Directional signage shall comply with Zoning Ordinance requirements.
P. Area identification signage for the project shall be permitted, in accordance
with Section 21155.03, Subd. 4 (d) of the Zoning Ordinance.
q. Unless otherwise approved by this resolution, exposed neon tubing for
signage or accent purposes is prohibited.
r. Window signs shall not cover more than twenty-five (25) percent of the
window area in which they are located. Window signs shall not use neon
paint, tape, chalk, or paper.
S. Signage shall be shown on all elevations of a proposed building when the
required PUD Final Plan is submitted, for determination of compliance with
the above requirements.
20. The free-standing business sign shown for the Restaurant/Retail building (on Lot 5)
is not allowed and shall be removed from the plan.
21. The wall business sign shown on the north elevation of the Walgreen's building(on
Lot 4) is not allowed and shall be removed from the plan.
22. All luminaires located within 300 feet of residential property shall be equipped with
house -side shielding.
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23. Prior to issuance of any building permits, the final lighting plan shall be approved by
staff, in accordance with the City's lighting regulations.
24. The approved outdoor display areas in front of the Lowe's building and seasonal
garden center enclosure shall be demarcated by stamping in the concrete, so on-site
employees know where the approved outdoor display areas are located.
25. Seasonal outdoor storage and tent sales in the parking lots are prohibited.
26. Other than the outdoor display areas approved for Lowe's, no other outside display,
sales, or storage shall be allowed in this PUD.
27. The Lowe's site may include a future recycling area near the loading dock for short-
term storage of cardboard and pallets. That recycling area shall be contained inside
an enclosure that would match the building.
28. The hours of operation approved for Walgreen's shall be 24 hours per day. The
hours of operation approved for Lowe's and the other retail uses within the
development (excluding Walgreen's) shall be 6 a.m. to 11:00 p.m., except that full-
service restaurants located on Lot 2 shall be allowed to have expanded hours
pursuant to the terms of a Council -approved on -sale liquor license.
29. The plans must be revised to indicate the following:
a. Constructed detention ponds should be relied upon to limit runoff to pre -
development rates and to control downstream flooding where feasible;
natural basins may also be utilized: Subject to Watershed approval.
b. The minimum size for sanitary sewer services shall be 4" PVC.
C. The end of the pipe after the sanitary sewer service to the Lowe's Building is
identified as MHC1. Provide detailed information for MCH1 in the Sanitary
Sewer Schedule. The pipe, PCI, is identified as storm sewer on sheet 7-b.
d. A cleanout is required every 100 feet for the sanitary sewer service smaller
than 8- inch diameter.
e. The Developer's Engineer shall contact Stan Scofield @ 763 509-5443 for
PN, Fire Department Connection and Fire Hydrant Locations.
f Post Indicator Valves must be beyond the fire hydrant leads so the hydrant is
not shut off.
g. Identify the water services by size and type of material.
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h. The smallest tee for domestic water service would be 4" DIP with a valve. A
2 -inch copper with a corporation stop could be used if a smaller service is
adequate.
The 10" gate valve noted on the service line to Retail A should be a 6" valve.
The bend for the hydrant lead south of Retail A should be a 6" bend.
The bend for the hydrant lead east of Retail A should be a 6" bend.
Add a valve at the connection point to the watermain east of Walgreen's.
Add a gate valve at each connection point for the watermain around the
Lowe's Building plus a midpoint valve.
Add a watermain tee, valve and stub to serve Phase 2. Move the Sanitary
Sewer Schedule on Sheet 8 to Sheet 9. The one on Sheet 9 is incorrect.
Core Drill the sanitary sewer connection into MHA7.
A sewer and water service shall be provided for the bank building.
Move the watermain between Retail A and Lowe's to 10 feet south of the
storm sewer.
r. Provide two 45 degree bends instead of the 90 degree bend for the 20"
watermain which will lessen the potential of a watermain break at that
location.
S. A 22 `/2 degree bend will be required on the 20" watermain east of the 10"
tee.
t. The watermain along the westerly side of Lowe's should be 10" not 20" as
shown.
U. Note the vertical separation for the sanitary sewer crossing the storm sewer to
serve Retail B and C.
V. Clearly note on the site plan that the curb and gutter is B612 for drive aisles
and parking.
W. A rip rapped emergency overflow shall be added to each pond one foot below
the top of the berm to allow for overflow of large storm events. The
proposed north pond does not have an EOF and it is unclear from the plans
whether the EOF for the south pond is rip rapped.
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X. Low points in the proposed roads and parking lots require overland
overflows. Emergency overflows from low points in the proposed roads
should be properly designed and shown on the plans. A minimum 1.5 feet of
freeboard must be provided between the EOFs and the adjacent building
elevations. Many of the low points on the site are just 1 foot below the
adjacent buildings and do not meet the City's minimum freeboard
requirements.
Y. Pond depth shall not exceed 8 feet to prevent thermal stratification. The
proposed south pond is designed with a depth of 14 feet.
Z. Show the elevations on the Outlet Structure Detail.
aa. Identify an unobstructed maintenance access for the water quality ponds 15
feet wide and less than a 15% grade.
bb. Revise the plan to show where the "standard duty concrete" is used. Provide
a minimum of 4" concrete and 4" class 5 for sidewalks. Provide at least 8"
concrete and 7" class 5 for drive areas.
CC. Revise the landscape plan eliminating trees and shrubs from the maintenance
access path. for the 20" watermain.
dd. Note the class of pipe for the storm sewer.
ee. Identify the storm sewer from SMI to SM6 as Public and provide a separate
plan and profile sheet for this portion.
ff. Identify the 20" watermain as public.
gg. Remove notes on the plan that say " City Review Not For Construction "
hh. A gate valve must be added to the fire hydrants per Standard Detail W-2.
30. The City will require reproducible Mylar prints of sanitary sewer, water service,
storm sewer and pond As-Builts for the site prior to the financial guarantee being
released.
31. The site plan shall comply with the City of Plymouth's current Engineering
Guidelines or the State Plumbing Code, whichever applies.
32. The site utilities have not been reviewed by the Engineering Department for
compliance with the State Plumbing Code.
21. MISCELLANEOUS.
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A. The Developer may not assign this Contract without the written permission of the City
Council. The Developer's obligation hereunder shall continue in full force and effect even if
the Developer sells one or more lots, the entire plat, or any part of it.
B. Certain retaining walls will require a Building Permit. Retaining walls that require a
building permit shall be constructed in accordance with plans and specifications prepared by
a structural or geotechnical engineer licensed by the State of Minnesota. Following
construction, a certification signed by the design engineer shall be filed with the Building
Official evidencing that the retaining wall was constructed in accordance with the approved
plans and specifications. All retaining walls identified on the development plans or by
special conditions referred to in this Contract shall be constructed before any other building
permit is issued for a lot on which a retaining wall is required to be built.
C. Developer shall take out and maintain or cause to be taken out and maintained until six (6)
months after the City has accepted the public improvements, public liability and property
damage insurance covering personal injury, including death, and claims for property damage
which may arise out of Developer's work or the work of its subcontractors or by one directly
or indirectly employed by any of them. Limits for bodily injury and death shall be not less
than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage
shall be not less than $200,000 for each occurrence; or a combination single limit policy of
1,000,000 or more. The City shall be named as an additional insured on the policy, and the
Developer shall file with the City a certificate evidencing coverage prior to the City signing
the plat. The certificate shall provide that the City must be given thirty (30) days advance
written notice of the cancellation of the insurance.
D. Third parties shall have no recourse against the City under this Contract.
E. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of
this Contract.
F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendrnents or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly
take legal action to enforce this Contract shall not be a waiver or release.
G. This Contract shall run with the land and may be recorded against the title to the property. The
Developer covenants with the City, its successors and assigns, that the Developer has fee title
to the property being final platted and/or has obtained consents to this Contract, in the form
attached hereto, from all parties who have an interest in the property; and that the Developer
will indemnify and hold the City harmless for any breach of the foregoing covenants.
H. Each right, power or remedy herein conferred upon the City is cumulative and in addition to
every other right, power or remedy, express or implied, now or hereafter arising, available to
City, at law or in equity, or under any other agreement, and each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often
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and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
22. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work to be
performed by it hereunder, the City may, at its option, perform the work and the Developer shall
promptly reimburse the City for any expense incurred by the City, provided the Developer, except in
an emergency as determined by the City, is first given notice of the work in default, not less than
forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be
necessary for the City to seek a Court order for permission to enter the land. When the City does any
such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
23. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant
to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a
warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for
twenty-five percent (25%) of the amount of the original cost of the improvements.
A. The required warranty period for materials and workmanship for the utility contractor
installing public sewer and water mains shall be two (2) years from the date of final
written City acceptance of the work.
B. The required warranty period for all work relating to street construction, including
concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject
to one (1) year from the date of final written acceptance, unless the wearing course is
placed during the same construction season as the bituminous base course. In those
instances, the subdivider shall guarantee all work, including street construction,
concrete curb and gutter, sidewalks and trails, material and equipment for a period of
two (2) years from the date of final written City acceptance of the work.
C. The required warranty period for sod, trees, and landscaping is one growing season
following installation.
24. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this
agreement, payment of special assessments, payment of the costs of all public improvements, and
construction of all public improvements, the Developer shall furnish the City with a letter of credit, in
the form attached hereto, from a bank, cash escrow or a combination cash escrow and Letter of Credit
security") for $1,128,036. The amount of the security was calculated as follows:
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2) Developer Installed Public Improvements. City to own and maintain after development complete.
3) Private - Property owner and/or property owners' association to maintain after
development completed.
Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies
may be used for the required maintenance of the erosion and sediment control plan.
Separate Letters of Credit Required for the following:
Erosion Control @ $1,500/acre of which $1,000 is Cash and
the remainder is a letter of credit in the amount of
Wetland Mitigation And Buffers ( Will be retained for 5 years)
Tree Preservation and Reforestation Letter of Credit
16
Letter of Credit Cash
41,900 $1,000
31,500
11,775
ESTIMATED COSTS
Public (1) Developer
ITEM Installed (2) Private (3) Total
Driveway, Curb Cut, Parking Lot 0 0
Sanitary Sewer System 35,600 35,600
Watermain System 12,320 30,480 98,400 141,200
Storm Sewer System 48,250 124,425 172,675
Grading 289,000 289,000
Boulevard and Drainage Swale Sod 10,000 10,000
Rain Garden 24,300 24,300
Street and Traffic Control Signs 7,500 0 7,500
Sidewalk Improvements 0 0
Trail Improvements 6,200 6,200
Landscaping 315,700 315,700
Buffer Posts 900 900
Setting Iron Monuments 4,100 4,100
Street Lights 0 0
SUB -TOTAL: 12,320 92,430 902,425 1,007,175
Design, Admin., Insp., As-Builts (12%) 1,478 11,092 108,291 120,861
Total: 13,798 $103,522 1,010,716 1,128,036
1) Developer Improvements. City to reimburse the the developer for these costs.
Oversizing the watermain from 12 inch to 20 inch along the south side of the project. $12,320 + Design,
Admin., Insp., As-Builts (12%) 1,478 = total estimated cost $13,798.
2) Developer Installed Public Improvements. City to own and maintain after development complete.
3) Private - Property owner and/or property owners' association to maintain after
development completed.
Note: If a grading permit was issued and the financial guarantee released and/or expired, these monies
may be used for the required maintenance of the erosion and sediment control plan.
Separate Letters of Credit Required for the following:
Erosion Control @ $1,500/acre of which $1,000 is Cash and
the remainder is a letter of credit in the amount of
Wetland Mitigation And Buffers ( Will be retained for 5 years)
Tree Preservation and Reforestation Letter of Credit
16
Letter of Credit Cash
41,900 $1,000
31,500
11,775
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Manager. The City may draw down the security, without
notice, for any violation of the terms of this Contract or if the security is allowed to lapse prior to the
end of the required term. If the required public improvements are not completed at least thirty (30)
days prior to the expiration of the security, the City may also draw it down. If the security is drawn
down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City
Engineer that work has been completed and financial obligations to the City have been satisfied, with
City Engineer approval the security may be reduced from time to time by eighty percent (80%) of the
financial obligations that have been satisfied. Twenty percent (20%) of the amounts certified by the
Developer's engineer shall be retained as security until: (1) all improvements have been completed,
2) iron monuments for lot corners have been installed, (3) all financial obligations to the City
satisfied, (4) the required "record" plans have been received by the City, _(5) a warranty security is
provided, and (6) the public improvements are accepted by the City.
25. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements
under this Contract which must be furnished to the City at the time of final plat approval:
Water Area Charge 14,931
TOTAL CASH REQUIREMENTS LEVIED: $ 14,931
26. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered
to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address:
John Gelderman
CSMInvestors II, Inc.
500 Washington Avenue South, Suite 300
Minneapolis, MN 55415 ,
27. Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or
mailed to the City by certified mail in care of the City Manager at the following address: Plymouth
City Hall, 3400 Plymouth Boulevard, Plymouth, MN 55447.
The Developer shall notify the City within five (5) days of change of address.
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EXHIBIT "A"
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
SHOPS AT PLYMOUTH CREEK
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EXHIBIT B
SIGNAL JUSTIFICATION REPORT
MM VICKSBURG LANE AT 32ND AVENUE N.
VICKSBURG LANE RECONSTUCTION PROJECT
CONSULTING GROUP, INc CITY OF PLYMOUTH, HENNEPIN COUNTY
Date: January 2005
I. PROJECT DESCRIPTION
Existing Conditions
The subject intersection presently exists along Vicksburg (Lane in the City of Plymouth, Hennepin County
see Figure 1: Project Location Map). Vicksburg Lane exists as a north -south "B" minor arterial. It
provides an important transportation route within Plymouth, linking residential areas to TH 55. Vicksburg
Lane presently functions with a posted speed limit of 50 miles per hour in the vicinity of the 32nd Avenue N.
intersection. 32nd Avenue N. provides an access road for several businesses and office complexes in the
area. It has a speed limit of 30 miles per hour. The intersection presently has side -street stop sign control
for the 32nd Avenue N. approaches. The area surrounding the intersection has office and warehouse land
uses. Current geometrics are listed below (see Figure 2: Existing Conditions).
Northbound Vicksburg Lane: One left turn lane, one through lane, and one shared through/right turn lane
Southbound Vicksburg Lane: One left tum lane, one through lane, and one shared through/right tum lane
Eastbound 32nd Avenue N.: One shared left tum/through/right tum lane
Westbound 32nd Avenue N.: One shared left tum/through/right tum lane
Proposed Conditions
The proposed project includes the expansion of Vicksburg Lane between TH 55 and 32nd Avenue N. in
order to accommodate a new proposed development west of Vicksburg Lane. Specific geometric
improvements at the Vicksburg Lane and 32nd Avenue N. intersection include the following modifications:
Widening eastbound 32nd Avenue N. to add dual left -tum lanes and a median
Widening southbound Vicksburg Lane to create a dedicated right tum lane
Since the new development is anticipated to increase traffic considerably, a new full -traffic -actuated traffic
control signal system will be installed at the Vicksburg Lane and 32nd Avenue N. intersection. The new
signal will provide protected left -tum phasing for both Vicksburg Lane approaches and the eastbound 32nd
Avenue N. approach. Protected phasing is necessary due to high speeds along Vicksburg Lane and in
order to safely accommodate a dual left -tum movement for eastbound 32nd Avenue N.. Emergency
vehicle preemption will also be installed with the signal. The posted speed limits along both roadways will
remain the same. The proposed new geometrics are listed below (see Figure 3: Proposed Conditions).
Northbound Vicksburg Lane: One left tum lane, one through lane, and one shared through/right tum lane
Southbound Vicksburg Lane: One left tum lane, two through lanes, and one right tum lane
Eastbound 32nd Avenue N.: Two left tum lanes and one shared through/right tum lane
Westbound 32nd Avenue N.: One shared left tum/through/right tum lane
1 of 2
SIGNAL JUSTIFICATION REPORT
TRUNK HIGHWAY 55 AT VICKSBURG LANE
VICKSBURG LANE RECONSTUCTION PROJECT
CONSUMNG GROUP, INC CITY OF PLYMOUTH, HENNEPIN COUNTY
Date: January 2005 ;
I. PROJECT DESCRIPTION
Existing Conditions
The subject intersection presently exists along Trunk Highway 55 (TH 55) in the City of Plymouth,
Hennepin County (see Figure 1: Project Location Map). TH 55 is a vital state highway. It is a principal
arterial, providing a key east -west transportation route for the Twin Cities metropolitan area. TH 55
presently functions as a limited access 4 -lane expressway with a posted speed limit of 55 miles per hour in
the vicinity of. the Vicksburg Lane intersection.
Vicksburg Lane exists as a north -south "B" minor arterial with a posted speed limit of 50 miles per hour
south of TH 55 and 45 miles per hour north of TH 55. The intersection presently has full -actuated traffic
signal control with emergency vehicle preemption and protected left tum phasing for. all approaches. The
area surrounding the intersection has commercial and retail land uses. Current geometrics are listed below
see Figure 2: Existing Conditions).
Eastbound TH 55: One left tum lane, two through lanes, and one free right turn lane
Westbound TH 55: One left tum lane, two through lanes, and one right tum lane
Northbound Vicksburg Lane: One left tum lane, two through lanes, and one free right tum lane
Southbound Vicksburg Lane: Two left tum lanes, two through lanes, and one free right tum lane
Proposed Conditions
The proposed project includes the expansion of Vicksburg Lane between TH 55 and 32nd Avenue North:
Specific geometric improvements at the TH 55 and Vicksburg Lane intersection include the following
modifications:
Providing an additional NB to WB left -tum lane on Vicksburg Lane to TH 55
Providing an additional EB to NB left -tum lane on TH 55 to Vicksburg Lane
Providing an additional WB to SB left -tum lane on TH 55 to Vicksburg Lane
Because of the proposed geometric changes, the existing traffic signal at TH 55 and Vicksburg Lane will
also require revisions. The revised signal will continue to provide protected left -tum phasing for both
TH 55 and Vicksburg Lane. Protected phasing will continue in order to safely accommodate dual left -tum
movements on ail approaches. The posted speed limits along both roadways will remain the same. The
proposed new geometrics are listed below (see Figure 3: Proposed Conditions).
Eastbound TH 55: Two left tum lanes, two through lanes, and one free right tum lane
Westbound TH 55:. Two left tum lanes, two through lanes, and one right tum lane
Northbound Vicksburg Lane: Two left tum lanes, two through lanes, and one free right tum lane
Southbound Vicksburg Lane: Two left tum lanes, two through lanes, and one free right tum lane
4
2of2.
CITY OF PLYMOUTH
M.
SEAL)
Judy A. Johnson, Mayor
AND
Laurie Ahrens, City Manager
DEVELOPER:
By:
David J. Yung
Its: Manager
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
2 , by and by the
Mayor and City Manager of the City of Plymouth, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
NOTARY PUBLIC
STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of ,
200_, by David J. Yung, the Manager of Shops at Plymouth Creek, L.L.C., a Delaware limited liability
company, on behalf of the company.
NOTARY PUBLIC
DRAFTED BY:
CITY OF PLYMOUTH
3400 Plymouth Boulevard
Plymouth, MN 55447
CITY OF PLYMOUTH
RESOLUTION 2005 -
APPROVING THE DEVELOPMENT CONTRACT FOR "SHOPS AT PLYMOUTH CREEK"
LOCATED SOUTHWEST OF HIGHWAY 55 AND VICKSBURG LANE (2004112-F)
WHEREAS, the City Council approved the final plat for "Shops at Plymouth Creek" on
December 14, 2004, to allow creation of six lots on the roughly 28.7 -acre site located at the
southwest corner of State Highway 55 and Vicksburg Lane; and
WHEREAS, the property is legally described as Lot 1, Block 1, Spicer Addition (to be replatted
as Lots 1-6, Block 1, Shops at Plymouth Creek).
WHEREAS, the City staff has prepared a development contract to address the public and private
improvements related to 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 development
contract for said plat, and that the Mayor and City Manager be authorized to execute the
development contract on behalf of the City.
ADOPTED by the City Council on January 25, 2005.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on January 25, 2005, with the original thereof on file in my office, and
the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
Agenda Number &.o
CITY OF PLYMOUTH COMMUNITY
DEVELOPMENT "DEPARTMENT
CITY COUNCIL AGENDA REPORT
TO: Laurie Ahrens, City Manager
FROM: Marie Darling, Senior Planner through Anne Hurlburt, Community
Development Director
SUBJECT: Ryland Homes. Variance to Front -Yard Setback for Six Dwellings
Located at 16231 to 16251 _`i0`h Ave N. in the "Fields of Nanterre, Third
Addition". (2004149)
DATE: January 20, 2005 for the City Council Meeting of January 25, 2005
REVIEW PERIOD DEADLINE: April 21, 200:5
1. PROPOSED MOTION:
Move to adopt the attached resolution approving a variance to construct steps and stoops in the
front yard for six dwellings to be located at 16231 to 16251 50`h Avenue North in the "Fields of
Nanterre, Third Addition", as recommended by the Planning Commission.
Approval of a variances requires a 4/7 vote of the City Council.
2. DESCRIPTION OF REQUEST:
The applicant requests this variance in order to construct steps and stoops within the front -yard
setback for six attached dwelling units where the ordinance requires a 25 -foot setback from the
public right-of-way. When the applicant applied fbr a building permit for the six dwellings in
this structure, staff noticed the encroachment.
3. PLANNING COMMISSION PUBLIC MEETING:
At their January 19, 2005 meeting, the Planning Commission voted unanimously to recommend
approval of the request as an item on the consent agenda. No one from the public requested to
speak on the issue. The minutes of the meeting are attached.
Notice of the public meeting at the Planning Commission was mailed to all property owners
within 200 feet. The notification area map is attached.
File 2004149
Page 2
4. CONTEXT:
A. Surrounding Land Use and Zoning
All the surrounding properties are guided LA -2 (Living Area 2), zoned RMF -2 (Multiple Family
2) and used for townhouse dwellings as part of the Fields of Nanterre.
B. Previous City Council Action
In 2001, the City Council approved the rezoning, preliminary plat and site plan to allow 164
townhouse units on a 45.6 acre property.
In 2002, the City Council approved a final plat for the first 112 townhouse lots for the Fields of
Nanterre.
In 2004, the City Council approved the final plat for the Fields of Nanterre 3`a addition which
created the subject property by re -plating a portion of the "Fields of Nanterre" to accommodate
the new Georgetown -style townhouse design.
C. Level of City Discretion in Decision -Makin;
The City's discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance. The City has a
relatively high level of discretion with a variance because the burden of proof is on the applicant
to show that they meet the standards in the ordinance.
5. ANALYSIS:
Section 21115.04 of the Zoning Ordinance lists what features are allowed to encroach into
required yards. Steps and stoops are allowed to encroach into side and rear -yard setbacks, but
not into front yards. The steps and stoops were not shown on the plans submitted for review of
the subdivision, but the grading plan did indicate a difference in the elevations between the front
of the structure and the street. This six -unit building is the only building in this subdivision
where the steps and stoops would encroach into the front yard. The applicant has no opportunity
to move the structure further from 50`h Avenue North due to the location of a private drive and
another building between the subject properties and Schmidt Lake Road. The applicant has
proposed the steps and stoops to encroach a maximum of eight feet into the front -yard setback
for lots 1 and 6, six feet for lots 2 and 5, and four feet for lots 3 and 4.
The City Council must review the variance requests based on the standards outlined in Section
21030 of the Zoning Ordinance. A copy of the standards is attached. Staff used these standards
to review the application, as follows:
1) That because of the particular physical surroundings, shape, or topographical conditions
of the specific parcel of land involved, a particular hardship to the owner would result, as
File 2004149
Page 3
distinguished from a mere inconvenience, if the strict letter of the regulations were to be
carried out.
The applicant has stated that the physical shape of the lot and topographic conditions of the site
require that the construction of the stoops within the front -yard setback. Each of the townhouses
is designed with the front entrance four feet higher than the garage entrance at the back of the
unit. The steps and stoops are required to make up the difference between the front and back
elevations and is integral to the design as a Georgetown -style townhouse.
2) That the conditions upon which a petition t.or 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.
No other buildings are likely to be affected by the requirement because of the additional yard
area between the buildings and local public streets. Steps and stoops are usually shown on the
plans submitted with the subdivision application and the situation is typically corrected prior to
approving the final plat.
3) That the purpose of the variation is not based exclusively upon a desire to increase the
value or income potential of the parcel of land.
Rather than increase the value or income potential of the parcel of land, the applicant maintains
that the variance would allow safe access to the homes by providing an uncovered stoop on. a
foundation and steps to the front door. Re -grading the site to remove the grade difference would
alter the design of the building.
4) That the alleged difficulty or hardship is caused by this Chapter and has not been
created by any persons having an interest in the parcel of land and is not a self-created
hardship.
The applicant maintains that the hardship is caused by the ordinance, not by the design of the
dwelling. Many homes in Plymouth have sidewalks and steps within the front yard. During the
next Zoning Ordinance update, staff will review the situation to determine if the hardship is
unique to this situation or is also present for other properties with grade changes in the front
yard.
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.
The proposal would have no effect on public welfare or be injurious to other land or
improvements in the neighborhood. The appearance of the steps and stoops closer to the public
road would not be noticeable within the greater design of the Fields of Nanterre Third Addition
as all the other units in the Third addition would have similar steps and stoops.
File 2004149
Page 4
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.
Granting the variance to add the steps and stoops into the front yard would not affect the
character of the area nor impair an adequate supply of light and air to adjacent property,
endanger the public safety, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the neighborhood.
7) That the requested variance is the minimum action required to eliminate the hardship.
Staff find the request is the minimum action necessary to eliminate the hardship.
6. CONCLUSION
Staff analysis of the application finds that the applicant has met all of the seven variance
standards, however, the standards are open to interpretation. Should the Planning Commission
and the City Council disagree, they may reasonably deny the request.
7. RECOMMENDATION
Community Development staff recommends approval of the variance by Ryland Homes to allow
a front stoop and steps to be constructed a maximum of eight into the 25 -foot setback for each of
the six dwellings located at 16231 to 16251 50"' Ave N, as recommended by the Planning
Commission.
ATTACHMENTS:
1. Minutes of the January 19, 2005 Planning Commission Meeting
2. Variance Standards
3. Applicant's Narrative
4. Location Map
5. Notification Area Map
6. Site Graphics
7. Resolution Approving Variance
Draft Minutes
City of Plymouth
Planning Commission Meeting
January 19, 2005
MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, James Holmes,
Melissa Musliner, Nancy Franke -Wilson, and Sarah Anderson
MEMBERS ABSENT: Commissioner Kendall Griffith
STAFF PRESENT: Community Development Director Anne Hurlburt, Senior Planner Shawn
Drill, Senior Planner Marie Darling, HRA Specialist Tracy Jones, Assistant City Engineer Ross
Beckwith, and Office Support Specialist Ranelle Gifford
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
Chair Larson expressed her gratitude to Commissioners Kendall iffith and Melissa Musliner
for their time and contribution to the Planning Commission said they would no longer be
serving on the board.
4. APPROVAL OF AGENDA
MOTION by Commissioner Weir, seconded
of the January 19, 2005 Planning Commissig
5. CONSENT AGENDA
issioner Wilson, recommending approval
Vote. 6 Ayes. MOTION approved.
A. APPROVAL OF TIS/ DECEMBER 15, 2004, PLANNING COMMISSION
MINUTES
MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval
of the December 15, 2004 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved.
B. RYLAND HOMES (2004149)
MOTION by Commissioner Weir, seconded by Commissioner Holmes, recommending approval
of the request by Ryland Homes for a variance to front yard setbacks for Lots 1-6, The Fields of
Nanterre Third Addition located at 16231-16251 5j31h Avenue North. Vote. 6 Ayes. MOTION
approved.
ZONING ORDINANCE
VARIANCE 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.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
That the purpose of the variation is not based exclusively upon a desire
to increase the value or income potential of the parcel of land.
4. That the alleged difficulty or hardship is caused by this Chapter and has
not been created by any persons having an interest in the parcel of land
and is not a self-created hardship.
That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood
in which the parcel of land is located.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
7. That the requested variance is the minimum action required to eliminate
the hardship.
Section 21030 -Plymouth Zoning Ordinance
formsNariance Standards.doc)
The Fields of Nanterre
Project Narrative
Variance Application.
December 21, 2004
Background
X00+14
DEC 2 1 2004
Ryland Homes has been building homes in The Fields of Nanterre for nearly 2 years. We
have been building our Prairie Townhome and have had great success when the home is
built with a lookout or walkout basement. We have had less success when the Prairie
Townhome is built with a full in ground basement. In response to this we are proposed
and received approval to construct our Carriage Townhome on 40 lots adjacent to
Schmidt Lake Road. The Carriage Townhome design is similar to a Georgetown style
townhome with a stately front yard presence that includes pedestrian walks connected to
individual entrances with steps and a stoop. The Carriage Townhome adds diversity to
the neighborhood and gives Nanterre a better presence from Schmidt Lake Road.
Carriage Townhomes
The Carriage Townhome is a traditional row -style townhome, with a two -car tuck -under
garage served from a rear parking court. The front of the home is oriented to the
sidewalk with guest parking on the street or in dedicated parking bays. The building
materials for the home will consist of brick and vinyl. The color of exterior materials
will be coordinated with the existing materials used on the Prairie Townhome.
The Carriage home building is unique as a townhome. The front fagade of the building
varies from unit to unit. It is made up of three different models, which make up each
building. The models have a total of nine different exterior front elevations. The
different elevations include differences in: material, windows, bays, box bay windows
roof gable and roof dormers, that add to the diversity of the design and its' authenticity as
a traditional Georgetown style town home. The town home buildings for Nanterre are
planned in four and six -unit buildings. All of thus adds to the value and curb appeal of
the community, within a defined architectural framework
Pedestrian access is enhanced with the Carriage Townhomes. Sidewalks are provided in
front of every home adjacent the street that lead to the front door of each individual unit.
The home is designed as a traditional Georgetown style town home with an uncovered
stoop that extends into the front yard towards the street. To provide durability and
prevent differential settling the stoop is constructed on a footing. The variance request is
to allow the stoop to be constructed in the front yard setback.
Variance Request
The physical shape of the lot and topographic conditions of the site require that the
construction of the stoops within the front yard setback. The townhome is designed with
a rear -loaded garage that is accessed from an alley. The front door for the Carriage home
is approximately 4' higher than the garage slab elevation. To ensure proper drainage the
garage elevation is set at approximately the same elevation as the street in the front yard.
This ensures that during storm events surface water will freely drain away from the
garage. Because the front yard is only 25' deep, the grade difference between the
sidewalk adjacent to the street and the front door can only be made up with steps and a
stoop. The stoop is required to provide a safe landing outside the front door for residents
and guests.
This is a unique condition due to the parcel relative location to a local public street. The
six other Carriage Townhome buildings located within the Fields of Nanterre do not have
this situation.
The purpose of the variance request is to provide safe access to the homes by providing
an uncovered stoop on a foundation and steps to the front door of the home for residents
and their guests. By not allowing safe access to the building the ordinance is creating a
hardship.
The variance is not detrimental to the public welfare or injurious to other land or
improvements in the neighborhood. The variance will allow the construction of a stoop
and steps to allow safe passage of guests and visitors to the front door of their home. The
design of the stoop and steps is identical to what is proposed for the other carriage
townhome buildings proposed in Nanterre.
The Variance will not impair the supply of light and air to the adjacent property or
increase congestion on public streets or increase the danger of fire or endanger the public
safety or substantially diminish or impair property values within the neighborhood. The
stoops and steps are constructed with concrete block foundations and pre -cast or poured
in place stoops and steps. The materials will enhance emergency services by providing
safe egress to individual units. The proposed construction consists of quality materials
and workmanship, which will not diminish the property values within the neighborhood.
The requested variance is the minimum required to provide safe pedestrian access for the
proposed Carriage townhome building. The variance will not have any negative impacts
on the surrounding neighborhood.
S
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Location Map - 2004149
Ryland Homes
The Fields of Nanterre 3rd Addition
16231 to 16251 50th Avenue North
Request for a Variance
04 N
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PIONEER LAND SURVEYORS - CIVIL ENGINEERS 201 -85th Avenue N.W.
engineering LAND PLANNERS - LANDSCAPE ARCHITECTS Coon Rapids, MN 55433
763) 783-1880 FAX:783-1883
Certificate of Survey for: RYLANDLA1VD HOMES
House Address: 16251-16231 - 50th Avenue North
House Model: 6 unit Townhome
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1WNG000.o Denotes Existing Elevation PROPOSIDVATIONS
oD. Denotes Proposed Elevation Garage Slab Elevation: 1014.4 (at door)
Denotes Drainage now Direction NOTE: Proposed building site grading Is In accordance with the
Denotes Drainage k Utflity Easement grading plane approved by the city engineer.
per recorded plat) NOTE: Contractor mu.t verify dl dk.-.loo. 8 drlvewoy design.
Denotes Offset Iron Bearings shown are assumed NOTE: Driveways are shown far graphic purposes only, Mal drivewaygdesignandlocationwillbed.termined by contractor.
LOTS 1-6 BLOCK 1 THE FIELDS OF NAffl-ENR THIRD"-AtiD.
RYLAND JOB #3637021301-06 HENNEPIN COUNTY, MINNESOTA -
We hereby certify to RYLAND HOMES that this survey, plan or report was prepared by me or under myDEfyiuier2@@4and
that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. Dated this 9 4-V% day of
A.D., 2004. I
SISIa PIONEER ENGINEE NG, P.A.
Scale: lin--h= 301-1 By.C
Terrence E. Rothenbacher, L.S. Reg. No. 20595
2200 204403.001 JFW SHEET 1 OF 7 Thomas R. Bolluff, L.S. Reg. No. 40361
JANEEBLRIG 'EB' HOPEWML T' GRWTEIM T ORERMWMT ON MOPEMELL 4 JAMELEVAT 'AB'
RELATIVE ELEVATION • a•O• RELATIVE ELEVATION . a -a RELATIVE ELEVATION • a•o• RELATIYL ELEYATON • ab• RELATIY[ EI.lYAT10M • ate' RELATIVE ELEVATION • O'•O'
REAR CONTROL ELEVATION - UNITS JHGGHJ
JAMEBBGIIO •AB'HOPlWEl GREENWWH •A' GREENWICH W HOPEWELL •C JAMEESIMO'Vs•
RELATIVE ELBYATMIM . ab• RQITIYE EI.EY-11011 •ate• RELATIVE ELEYATMIM . OLo• RO.ATIVE ELEVATION RELATIVE RLEVATNIM . Ob• RELATIVE ELEVATWN . a -a
FRONT CONTROL ELEVATION - UNITS JHGGHJ
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LEFT CONTROL ELEVATION - UNITS JHGGHJ
03 -.
RIGHT CONTROL ELEVATION - UNITS JHGGHJ
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CITY OF PLYMOUTH
RESOLUTION 2004 -
APPROVING A VARIANCE TO ALLOW STOOPS AND STEPS CONSTRUCTED WITHIN
THE FRONT YARD FOR SIX ATTACHED DWELLING UNITS LOCATED AT 16231 TO
16251 50TH AVE NORTH IN THE "FIELDS OF NANTERRE, THIRD ADDITION" (2004149)
WHEREAS, an application has been filed by Ryland Homes requesting approval of a variance to
allow steps and stoops for each of the six dwellings where the Zoning Ordinance requires a 25 -
foot setback from 50th Ave North, and
WHEREAS, the subject property is legally described as follows:
Lots 1-6, Block 1, Fields of Nanterre, Third .Addition, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Ryland
Homes for a variance to allow steps and stoops for all six dwelling units to be constructed within
the 25 -foot front -yard setback, for property located at 16231 to 16251 50th Avenue North.,
subject to the following findings and conditions:
1. This variance is granted in accordance with the plans received by the City on December 21,
2004, except as may be amended by this resolution.
2. The variance is granted based upon findings that the applicable variance standards have been
met, as follows:
a) The applicant has stated that the physical shape of the lot and topographic conditions of
the site require that the construction of the stoops within the front -yard setback. Each of
the townhouses is designed with the front entrance four feet higher than the garage
entrance at the back of the unit. The steps and stoops are required to make up the
Resolution 2004-
2004149)
Page 2
difference between the front and back elevations and is integral to the design as a
Georgetown -style townhouse.
b) No other buildings are likely to be affected by the requirement because of the additional
yard area in front of the other buildings that front public streets. Steps and stoops are
typically shown on the plans submitted with the subdivision application and the situation
is typically corrected prior to approving the final plat.
c) Rather than increase the value or income potential of the parcel of land, the applicant
maintains that the variance would allow safe access to the homes by providing an
uncovered stoop on a foundation and steps to the front door. Without the front entrance,
the dwellings would only have vehicular access into the dwelling. Re -grading the site to
remove the grade difference would alter the design of the building.
d) The applicant maintains that the hardship is caused by the ordinance, not by the design of
the dwelling. Many homes in Plymouth have sidewalks and steps within the front -yard.
During the next Zoning Ordinance update, staff will review the situation to determine if
the hardship is unique to this situation or is creating a hardship for other properties with
grade changes in the front yard.
e) The proposal would have no effect on public welfare or be injurious to other land or
improvements in the neighborhood. The appearance of the steps and stoops would not be
likely to be noticeable within the greater design of the Fields of Nanterre Third Addition
as all the other units in the Third addition would have similar steps and stoops.
f) Granting the variance to add the steps and stoops into the front yard would not affect the
character of the area nor impair an adequate supply of light and air to adjacent property,
endanger the public safety, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the neighborhood.
g) The applicant has requested the minimum variance necessary to eliminate the hardship.
3. Building permits shall be obtained prior to construction of the dwellings.
4. This approval shall expire one year after the date of approval, unless the applicant has
substantially started construction of 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 21030.06 of the Zoning Ordinance.
ADOPTED by the City Council on January 25, 2005.
Resolution 2004-
2004149)
Page 3
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on January 25, 2005, with the original thereof on file in my office, and
the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
Agenda Number: & , D 6
TO: Laurie Ahrens, City Manager
FROM: Eric Blank, Director of Parks and Recreation
DATE: January 18, 2005, for Council Meeting of January 25 b
SUBJECT: Land Acquisition - Pomerleau bake
1. ACTION REQUESTED: The City Council should approve the attached resolution
authorizing the Mayor and City Manager to sign the real estate purchase agreement for five
acres from Elizabeth Begin.
2. BACKGROUND: Since 1980, the City's comprehensive park and trail plan has indicated
that we would purchase and maintain the property surrounding Pomerleau Lake. In the mid -
1980's, the City acquired about two thirds of the western shore of Pomerleau Lake through a
platting process that took place at that time. In. 2003, with the development just north of The
Reserve development, we acquired the entire eastern shore of Pomerleau Lake. These
acquisitions are shown on the attached colored graphic in purple. This past summer the
Begins approached the City and asked us to purchase this land. At this time, we have reached
agreement with Betty Begin for the purchase of their five acres on the northwest shore of
Pomerleau Lake. The purchase agreement was drafted by the city attorney's office.
A full appraisal was conducted on this property by Appraisal Concept, Inc., from Roseville,
MN. William Cushman, a certified federal general appraiser, conducted the appraisal. The
property was appraised at $206,500. This was the basis on which our negotiations were
based, and we reached, what I believe, is a very fair purchase agreement at $210,000. The
Begins came down considerably from what they were originally proposing.
Having a looping trail around Pomerleau Lake; will match the looping trail we currently have
around Lake Camelot. The trail will also tie into the Northwest Greenway, as the Greenway
will pass just 100 yards or so north of the tip of the lake.
3. BUDGET IMPACT: The funding for this project is allocated in 2005. We have $250,000
set aside in the capital improvement fund for open space acquisition.
4. RECOMMENDATION: Staff recommends the City Council authorize the Mayor and City
Manager to sign the real estate purchase agreement with Elizabeth Begin for the purchase of
five acres on the northwest shore of Pomerleau Lake for the price of $210,000.
EB/np
l
1
74
APPRAISAL CONCEPTS, INC.
Residential - Commercial - Industrial - Equipment
2565 Hamline Avenue North, Suite B
Roseville, Minnesota 55113
December 13, 2004
Real Estate - (651) 636-2565
Equipment - (651) 633-0779
Fax - (651) 633-0394
Mr. Eric Blank
Park and Recreation Director
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
Re: The Begin Property
5600 Juneau Lane North
Plymouth, Minnesota
Dear Mr. Blank:
MEN In accordance with your request, I have completed an appraisal oftheabovereferencedpropertyforthepurposeofestimatingitsprobablemarketvalueinthefeesimpleinterest. The followingwrittenreportpresentsthefindings, analysis and conclusions ofthisappraisal. I have made a complete inspection of the subjectpropertyandhavefullyidentifiedtherealestateinthewrittenreport.
After careful consideration of the many factors influencing value, it is my opinion that the subject property has a market value, asofOctober20, 2004, based on the factors described herein, of
TWO HUNDRED SIX THOUSAND FIVE HUNDRED DOLLARS
206,500.00)
The undersigned certifies to the best of his knowledge and beliefthatthestatementsoffactcontainedinthisreportaretrueandcorrect. The report and analysis, opinions and conclusions arelimitedonlybythereportedassumptionsandlimitingconditions, and are the undersigned's unbiased professional analysis, opinionsandconclusions. The undersigned has no present or prospectiveinterestinthepropertythatisthesubjectofthereportandnopersonalinterestorbiaswithrespecttothepartiesinvolved. Compensation is not contingent upon the reporting of a
0
Mr. Eric Blank
City of Plymouth
December 13, 2004
Page Two
predetermined value or direction in value that favors the cause of
the client, the amount of value estimate, the attainment of a
stipulated result, or the occurrence of a subsequent event. The
undersigned's analysis, opinions and conclusions were developed
and this report has been prepared in conformance with the Uniform
Standards of Professional Appraisal Practice. The undersigned has
made a personal inspection of the property that is the subject of
the report.
If you have any questions or comments after reading this
appraisal, please contact the undersigned.
APPRAISAL CONCEPTS, INC.
Certified to this 13th day of December, 2004.
William H. Cushman, MAI
Certified Federal General Appraiser
Minnesota License ##4001638
REAL ESTATE PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement ("Agreement") is made on the day of
2004, by and between ELIZABETH BEGIN, TRUSTEE OF THE
JEROME P. BEGIN TRUST U/A DATED NOVEMBER 8, 1995 (the "Seller"), and CITY
OF PLYMOUTH, a Minnesota municipal corporation ("Buyer").
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real propertysituatedinHennepinCounty, Minnesota, legally described on Exhibit "A" attached hereto and
incorporated herein, together with (a) all right, title and interest in and to any roads or alleys
adjoining or servicing such land, right-of-way, or easements appurtenant thereto, and in and to
any ditch water, or riparian rights, and claims appurtenant thereto and to any unpaid award with
respect thereto; (b) any improvements located on the land; (c) all rents, leases, contract rights,
causes of action, permits, licenses, and other rights relating to the land and improvements; and
d) all right, title, and interest of Seller in and to any plans, specifications, surveys, studies,
reports, renderings, or drawings pertaining to the Subject Property and improvements, including
environmental, marketing and related matters.
3. PRICE AND TERMS. The price for the property included in the sale ("Purchase Price")
is $210,000.00 which Buyer shall pay in cash on or before March 31, 2005 ("Date of Closing")
or such other date, time and place as is mutually agreeable to the parties hereto.
4. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and
deliver a Warranty Deed for the property conveying; good and marketable title of record, subject
only to the following title exceptions:
A. Building and zoning laws, ordinances, state and federal regulations; and
B. The lien of real property taxes and the lien of special assessments and interest due
thereon, if any, payable in the year of Closing which by the later terms of this
Agreement are to be paid or assumed. by Buyer.
C. Conservation easement as set forth in Document No. 2152374, filed on January
31, 1991.
REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A. Prior Years' Delinquent Real Estate Taxes and Delin uent Special Assessments.
Delinquent real estate taxes payable in years prior to the year of Closing and
delinquent installments of special assessments certified for collection with real
estate taxes payable in years prior to the year of Closing, together with penalty,
interest and costs, shall be paid by Seller not later than the Date of Closing.
B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the
year of Closing shall be prorated between Seller and Buyer on a calendar year
basis to the actual Date of Closing and Buyer shall assume installments not paid at
115756.04
Rev: 115105
Closing. Seller shall pay penalty, interest and costs on any delinquent installment
of taxes and special assessments payable by Seller in the year of Closing.
C. Deferred Real Estate Taxes. Seller shall pay on Date of Closing or provide for
payment of any deferred real estate; taxes (including "Green Acres" taxes under
Minn. Stat. § 273.111) payment of which is required as a result of the Closing of
this sale and the recording of the Deed. Provision for payment shall be by
payment into escrow of 1.5 times the estimated payoff amount of the deferred
taxes.
D. Certified Special Assessments. All installments of special assessments certified
for payment with the real estate taxes payable in the year of Closing shall be paid
by Seller at Closing.
E. Pending Special Assessments. Seller shall provide for payment of special
assessments pending as of the date of this Purchase Agreement for improvements
that have been ordered by the City Council or other governmental authorities.
Seller's provision for payment shall be by payment into escrow of 1.5 times the
estimated amount of the assessments. If a special assessment becomes pending
after the date of this Purchase Agreement and before the Date of Closing, Buyer
may, at Buyer's option:
1) Assume payment of the pending special assessment without adjustment to
the purchase price of the real property; or
2) Require Seller to pay the pending special assessment (or escrow for
payment of same as provided above) and Buyer shall pay a commensurate
increase in the purchase price; of the real property, which increase shall be
the same as the estimated amount of the assessment; or
3) Rescind this Agreement, in which case all Earnest Money shall be
refunded to Buyer.
F. Deferred Special Assessments. Seller shall pay on the Date of Closing or provide
for payment of any deferred special ,assessments payment of which is required as
a result of the Closing of this sale; and the recording of the Deed. Seller's
provision for payment shall be by payment into escrow of 1.5 times the estimated
payoff amount of the deferred special. assessments.
G. All Other Levied Special Assessments. Seller shall pay on the Date of Closing all
other special assessments levied as of the date of this Purchase Agreement.
H. Taxes and Special Assessments in the Years Following Closing. Buyer shall pay
real estate taxes payable in the years following Closing and special assessments
payable therewith, the payment of which is not otherwise provided herein. Seller
makes no representation concerning the amount of future real estate taxes or of
future special assessments.
2
6. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged before
Closing, this Agreement shall terminate. If the real property is damaged materially but less than
substantially prior to Closing, Buyer may rescind this Agreement by notice to Seller within 21
days after Seller notifies Buyer of such damage, during which 21 -day period Buyer may inspect
the property.
7. SELLER'S BOUNDARY LINE, RESTRICTIONS AND LIEN WARRANTIES. Seller
warrants that buildings on adjoining real property, if any, are entirely outside of the boundarylinesoftheproperty. Seller warrants that there has been no labor or material furnished to the
property for which payment has not been made. Seller warrants that there are no present
violations of any restrictions relating to the use or improvement of the property. Seller warrants
that the real property is not subject to a lien for Medical Assistance or other public assistance.
These warranties shall survive the delivery of the Warranty Deed.
CONDITION OF PROPERTY.
A. Seller may remove all debris and all personal property not included in this sale
from the property before the date of possession. Seller has no knowledge that the
property has any conditions that are protected by federal or state law such as
American Indian burial grounds, other human burial grounds, ceremonial
earthworks, historical structures or materials, or archeological sites.
B. Seller knows of no hazardous substances or petroleum products having been
placed, stored, or released from or on the property by any person in violation of
any law, nor of any above ground storage tanks or underground storage tanks
having been located on the property at any time,
Seller has no knowledge of any acts or occurrences upon the property that have
caused or could cause hazardous substances or petroleum products to be released
or discharged into the subsoil or ground water of the property or other property in
the area. Seller has no knowledge of any "superfund" type liens or claims by
governmental regulatory agencies or third parties arising from the release or
threatened release of hazardous substances in, on, or about the property.
C. Seller knows of no wetlands, flood plain, or shoreland on or affecting the
property.
D. Seller's warranties and representations contained in this Section 8 shall survive
the delivery of the Deed, provided that any notice of a defect or claim of breach of
warranty must be in writing, and must be given by Buyer to Seller within one year
of the actual Date of Closing or be deemed waived.
E. Buyer shall have the right to have inspections of the property conducted prior to
closing. Unless required by local ordinance or lending regulations, Seller does
not plan to have the property inspected. Other than the representations made in
this Paragraph, the property is being sold "AS IS" with no express or implied
representations or warranties by Seller as to physical conditions or fitness for any
particular purpose. Seller makes no representation or warranty that the property
can be used for any particular purpose and makes no representation or warranty
that any additional structures may be placed or built upon the property.
9. POSSESSION. Seller shall deliver possession of the property not later than the actual
Date of Closing.
10. TITLE INSURANCE BY SELLER. To demonstrate that seller's title is insurable and
subject only to those matters disclosed at Paragraph 4., within a reasonable time after acceptance
of this Purchase Agreement, Seller shall furnish Buyer with a Commitment for Title Insurance
including proper searches covering bankruptcies and state and federal judgments, federal court
judgment liens in favor of the U.S., liens, and levied and pending special assessments. Buyer
shall have ten (10) business days after receipt of the Commitment for Title Insurance to provide
Seller with a copy of the commitment and written objections. Buyer shall be deemed to have
waived any title objections not made within the ten (10) day period above, except that this shall
not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a
Warranty Deed is not specified above. If Buyer obtains title insurance, Buyer is not waiving the
right to obtain a good and marketable title of record from Seller.
11. TITLE CORRECTIONS AND TITLE REMEDIES. Seller shall have 120 days from
receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title
objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention to make
title marketable within the 120 -day period. Liens or encumbrances for liquidated amounts that
can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure
of the defects by Seller shall be reasonable, diligent and prompt. Pending correction of title, all
payments required herein and the Closing shall be postponed.
A. If notice is given and Seller makes title marketable, then upon presentation to
Buyer and proposed lender of documentation establishing that title has been made
marketable, and if not objected to in the same time and manner as the original title
objections, the closing shall take place within ten (10) business days or on the
scheduled Closing Date, whichever is later.
B. If notice is given and Seller proceeds in good faith to make title marketable but
the 120 day period expires without title being made marketable, Buyer may
declare this Purchase Agreement void by notice to Seller, neither party shall be
liable for damages hereunder to the other, and all Earnest Money shall be
refunded to Buyer.
C. If Seller does not give notice of intention to make title marketable, or if notice is
given but the 120 day period expires without title being made marketable due to
Seller's failure to proceed in good faith, Buyer's exclusive remedy is rescission of
this Purchase Agreement by notice as provided herein, in which case all Earnest
Money paid shall be refunded to Buyer.
4
D. If title is marketable, or is made marketable as provided herein, and Buyer
defaults in any of the agreements :herein, Seller's exclusive remedy is to cancel
this contract as provided by statute and retain all payments made hereunder as
liquidated damages.
E. If title is marketable, or is made; marketable as provided herein, and Seller
defaults in any of the agreements herein, Buyer's exclusive remedy is rescission
of this Purchase Agreement by notice as provided herein, in which case all
Earnest Money paid shall be refunded to Buyer.
12. NOTICES. All notices required herein shall be in writing and delivered personally or
mailed to the last known address and if mailed are effective as of the date of mailing.
13. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota.
14. WELL DISCLOSURE. Seller certifies that Seller does not know of any wells on the
property.
15. DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM.
Seller certifies that Seller does not know of any individual on-site sewage treatment systems on
the property.
16. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivering a Minnesota Uniform
Conveyancing Blank [Form No. 116-M, 117-M:, or 118-M] Affidavit of Seller. Seller's
Affidavit shall include Seller's representation that no encumbrances have been placed on the
property since the date of this Purchase Agreement.
17. CLOSING. Closing shall occur at the office of Buyer's title insurer or at Plymouth CityHall.
19. CLOSING COSTS. The costs of closing, if not determined by other provisions of this
Agreement, shall be paid as follows.
Seller's Costs: Seller shall pay the following at closing:
A. Document preparation costs, recording fees, and deed taxes for documents
necessary to establish good and marketable title in Seller.
B. Document preparation costs for Seller's Deed, Certificate of Real Estate Value,
Seller's affidavit, Well Disclosure; Certificate (if required), and any other
documents necessary to transfer good and marketable title by Seller's Deed.
C. Deed tax on Seller's Deed and the Agricultural Preservation deed tax charged
under MiNN. STAT. § 40A.152.
D. One-half the closer's fee.
Buyer's Costs: Buyer shall pay the following at closing:
A. Document filing fee for a Well Disclosure Certificate, if applicable.
5
B. Recording fee for deed or other instrument of conveyance where Buyer is the
grantee.
C. All commitment, abstracting, examination, searches, and title insurance costs,
including the premium for the owner's policy.
D. One-half the closer's fee.
20. CLOSING DOCUMENTS. Subject to performance by Buyer and Seller of their
respective obligations under this Agreement, Buyer and Seller agree to fully execute or cause to
be executed as necessary and to deliver at the closing the following:
Seller's Documents:
A. A Warranty Deed for the property.
B. Funds from the Seller sufficient to pay the Seller's closing costs. C. Certificate of Real Estate Value.
D. Seller's Affidavit.
E. A non -foreign certificate ("FIRPTA"), properly executed, containing such
information as is required by Internal Revenue Code Section 1445(b)(2) and its
regulations.
F. Certified copies of trust documents authorizing Seller to enter into this Agreement
and consummate the transaction contemplated thereby.
G. Such other documents as may be reasonably necessary to complete the closing of
the transaction.
Buyer's Documents.
A. A cashier's check or other form of immediately available funds acceptable to
Seller, in the amount of the purchase price, but less any earnest money already
paid to Seller, payable at closing as provided in Paragraph 3.
B. Such other documents as may be reasonably necessary to complete the closing of
the transaction.
21. RESTRICTION ON ASSIGNMENT / NO SUCCESSION IN INTEREST. Neither party
may sell, assign, or convey, or enter into an agreement to sell, assign or convey that party's
rights in this Purchase Agreement without the express written consent of the other party. Unless
the express written consent is obtained, this agreement is not binding upon the assigns of SellerandBuyer. This agreement is not binding upon and shall not inure to the benefit of the
successors of Seller and of Buyer.
22. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase
Agreement.
23. SURVIVAL. The terms of this Agreement shall survive the closing and delivery of thedeed.
IN TESTIMONY WHEREOF, the parties have executed this Agreement this
day of , 2005.
CITY OF PLYMOUTH
Rv
Judy A. Johnson, Mayor
SEAL)
Laurie Ahrens, City Manager
ELIZABETH BEGIN, TRUSTEE, OF THE
JEROME P. BEGIN TRUST U/A DATED
NOVEMER 8,1995
By.
r
El' et Begi nj=ee
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
2005, by Judy A. Johnson and by Laurie Ahrens, respectively the Mayor
and City Manager of the City of Plymouth, a Minnesota corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
Notary Public
7
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me thisday of
2005, by Elizabeth Begin as Trustee; of the Jerome B. Begin Trust U/A dated
November 8, 1995.
Notary Public
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporation Center Curve
Eagan, Minnesota 55121
651) 452-5000
AMP
EXHIBIT "A"
Legal Description of property under Certificate of Title
Par 1: That part of Government Lot 2, Section 4, Township 118, Range 22, Hennepin County,
Minnesota, lying east of the west 1059.79 feet thereof and south of a line hereinafter referred to
as line A., drawn easterly from a point in the west: line of said Lot 2 distant 668.62 feet south of
the northwest corner of said Lot 2, to a point in the east line of said Lot 2 distant 666.63 feet
south of the northeast comer thereof. EXCEPT that part of a said Lot 2 lying northeasterly of a
line drawn southeasterly from the point of intersection of the east line of the west 326.29 feet of
said Lot 2, with said line A, to a point in the east Line of said Lot 2 distant 1166.63 feet South of
the Northeast comer thereof.
Par 2: That part of Government Lot 3, Section 4., Township 118, Range 22, Hennepin County,
Minnesota, lying north of a line 941 feet north of; measured at right angles to and parallel with
the south line of said Government Lot 3, and lying east of the following described line:
Commencing at the northwest corner of said Government Lot 3; thence on an assumed bearing
of South 89 degrees 41 minutes 20 seconds East along the north line of said Government Lot 3 a
distance of 802.68 feet; thence southerly a distance of 238.89 feet along a non-tangential curve
concave to the east, having a radius of 415.86 feet and a central angle of 32 degrees 50 minutes
41 seconds, the chord of said curve bears South 8 degrees 31 minutes 54 seconds West, thence
South 7 degrees 53 minutes 26 seconds East a distance of 165.12 feet to the intersection with a
line 941.00 feet north of, measured at right angles to and parallel with the south line of said
Government Lot 3, and said line there terminating.
E
J
City of Plymouth
2005-2009 Capital Improvements Program
Park Projects
2006
Project
Number
P-1
Prosect Title
New Trails
Park Dedication Park Replacement
Fund Fund
100,000
Capital Community
Private Internal Improvement Improvement
Contributions Borrowine Fund Fund Total
100,000
Comments
P-2 Transfer to Park Replacement Fund 80,000 80,000
P-3 Land Acquisition - 10th Pla field 250,000 500,000 750,000 Second of a series of three possible payments
P-4 O en Space Acquisition 250,000,/ 250,000 For NW Greenway - as land becomes available
P-5 Trail/Parkin Lot Repair 75,000 75,000
P-6 Re lace Irrigation System 120,000 120,000 Year 3 of a 10 year program
P-7 New Park Monument Entrance Signs 15,000 15,000
P- 12 New Walls & Plaza - Zachary Pla field 300,000 300,000
P- 13 New Neighborhood Park - Seven Greens 325,000 325,000
l
Total 755,000 510,000 0 0 250,000 500,000 2,015,000
I
CITY OF PLYMOUTH
RESOLUTION 2004 -
APPROVING PURCHASE AGREEMENT FOR LAND ACQUISITION ON
POMERLEAU LAKE
WHEREAS, the City's comprehensive park and trail plan calls for the preservation of the
shoreline around Pomerleau Lake, and
WHEREAS, Betty Begin has requested that the City of Plymouth purchase five acres on the
northwest shore of Pomerleau Lake, and
WHEREAS, an appraisal was secured and a purchase agreement agreed to with Betty Begin, and
WHEREAS, the Director of Parks and Recreation is recommending approval of said purchase
agreement,
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the
Mayor and City Manager are authorized to sign said purchase agreement for property on
Pomerleau Lake for $210,000 with funding to come from the capital improvement fund.
Adopted by the City Council on
Agenda Number: 6 , o7
TO: Laurie Ahrens, City Manager
FROM: Mark Jones, Propert Management Coordinator, Captain Joel Franz,
through Dale Hahn, inance Director, Mike Goldstein, Police Chief
SUBJECT: Approval of bid for Police Firing Range Improvements
DATE: January 18, 2005 for Council Meeting January 25, 2005
1. ACTION REQUESTED: Adopt the attached Resolution awarding the contract to Caswell
Corporation for the improvements to the Police firing range in the amount of $153,301.
2. BACKROUND: On November 23, 2004, the City Council approved to add the upgrading of
the police firing range at Fire Station III to the Capital Improvement Fund in the amount of
132,000. The improvements consisted of remodeling the existing firing range to make it
safer and more environmentally friendly, while providing better and improved training
options that would address future training needs. The project includes a new rifle rated bullet
trap which will cut over 85% of the airborne lead, ballistic walls for a safer and wider target
area, a PC based control system, and a decision shoot system for more advanced training
options.
3. DISCUSSION: Bids where received as follows on December 29, 2004
Range Systems $200,990
Caswell Corporation $153,301
The bids which came in higher than our estimate last summer, was due to the rising cost of
steel. $132,000 of the project will be funded by Community Improvement Project budget,
and the remaining balance of $21,301, will come from the Facilities Management Budget.
Staff has reviewed the qualifications of Caswell Corporation and is confident that they will
perform the needed modifications properly.
4. ALTERNATIVES: The City could reject all bids and readvertise.
5. RECOMMENDATION: Adopt the attached Resolution awarding the bid for improvements
to the Police Firing Range to Caswell Corporation :for $153,301.
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
AWARDING THE BID FOR POLICE FIRING
RANGE IMPROVEMENTS
WHEREAS, the City solicited bids for improvements to the Police Firing Range; and
WHEREAS, staff has reviewed the bids and has determined the lowest responsible bidder
to be Caswell Corporation in the amount of $153,301; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL THAT Caswell
Corporation is hereby awarded the bid for the Police Firing Range improvements in the
amount of $153,301 with funding of $132,000 from the Community Improvement fund,
and $21,301 from the Facilities Management fund.
Adopted by the City Council on January 25, 2005.
DATE: January 12, 2005 for the City Council Meeting of January 25, 2005
TO: Laurie Ahrens, City Manager through
Anne Hurlbu, Director of Community Development
FROM: Daniel K. Campbell Sr. Engineering Technician
SUBJECT: PAYMENT NO.7 AND FINAL
OLD ROCKFORD ROAD/HIGHWAY 55
AREA UTILITY IMPROVEMENTS PROJECT
CITY PROJECT NO. 1033
ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 7 and
Final for the above project.
BACKGROUND: Attached is Payment No. 7 and Final for the Old Rockford Road/Highway 55 Area
Utility Improvements Project. A contract was awarded to Municipal Contracting Services in February of
2003. In September of 2003, the contractor, Municipal Contracting Services, Inc., notified the City that
they were in default of the contract and going out of business. Granite RE, Inc., the surety company
supplying the performance bond covering the project, was then notified that they would be required to
complete the terms of the contract between Municipal Contracting Services and the City of Plymouth.
All work on this project has been completed by Granite RE, Inc. and certified by Bonestroo, Rosene,
Anderlik and Assoc., Inc. as meeting project specifications. Bonestroo, Rosene, Anderlik and Assoc., Inc.
recommends approval of Payment No. 7 and Final. The original contract amount for this project was
550,999.10. One change order for additional work was approved in the amount of $10,431.66 making
the final contract amount $561,430.66. The final amount of work completed is $561,202.81 or $227.85
less than the revised final contract amount.
RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City Council accept
the project and adopt the attached resolution. approving Payment No. 7 and Final for the Old Rockford
Road/Highway 55 Area Utility Improvements Project, City Project No. 1033, with final payment in the
amount of $5,000.
attachments: Letter
Resolution
0:\Engineering\PR0]ECTS\2(X10- 2(0)\1433\Memos\CC_Pm)_7_Final_1033.doe
Bonestroo
0
Rosene
Anderlik &
Associates
Engineers & Architects
January 13, 2005
2335 West Highway 36 • St. Paul, MN 55113
Office: 651-636-4600 • Fax: 651-636-1311
www.bonestroo.com
Mr. Dan Campbell
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447-1448
Re: Old Rockford Road/Hwy 55
City Project No. 1033
Our File No. 70-01-108
Dear Dan,
This 2003 project was completed according to the Plans and Specifications. We
recommend Final Payment and certify the project is complete.
Yours cry truly,
Thomas W. Peterson
TWP:crw
copy: Dan Faulkner
Kurt Olsvig
St. Paul, St. Cloud, Rochester, Willmar, MN Milwaukee, WI • Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
REQUEST FOR PAYMENT NO.7 AND FINAL
OLD ROCKFORD ROAD/HIGHWAY 55
AREA UTILITY IMPROVEMENTS PROJECT
CITY PROJECT NO. 1033
WHEREAS, the City of Plymouth as owner and Municipal Contracting Services, as
contractor, have entered into an agreement for Old Rockford Road/Highway 55 Area
Utility Improvements Project, City Project No. 1033, said agreement being dated
February 11, 2003; and
WHEREAS, on September 8, 2003, the surety company who supplied the performance
bond, Granite RE, Inc., was notified that the contract between Municipal Contracting
Services and the City of Plymouth was in default; and
WHEREAS, Granite RE, Inc. is required to fulfill the terms of the contract; 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 $550,999.10. One change order
was approved in the amount of $10,431.66 and the value of the work to
date is $561,202.81 and is herewith approved. This project does not
exceed the revised contract amount.
2. That the work performed by the contractor for Old Rockford
Road/Highway 55 Area Utility Improvements Project and certified to the
Council by the Engineer as acceptable, being the same, is hereby released
from the contract except as to the conditions of the performance bond, any
and all legal rights of the owner, required guarantees and correction of
faulty work after final payment.
3. Request for Payment No. 7 and Finals in the amount of $5,000.00 to
Granite RE, Inc. for Old Rockford Road/Highway 55 Area Utility
Improvements Project is hereby approved and the City Finance Director is
hereby authorized and directed to pay the same forthwith.
Adopted by the City Council on January 25, 2005.
0:\Engincchng\PR0JECTS\2(XX) - 2(1)9\1033\Rcsol\Pml_7_Fina1_1033_Rcs.doC
Agenda Number: J " i
TO: Laurie Ahrens, City ManagAfughFROM: Sandy Paulson, City Clerk, Pat Qvale, Public Services Manager
SUBJECT: Rescheduling the March 22 Regular Council Meeting to March 29
DATE: January 19, 2005 for Council Meeting of January 25, 2005
1. ACTION REQUESTED: Adopt the attached Resolution rescheduling the March 22
Council Meeting to March 29.
2. BACKGROUND: At the Council Study Session conducted on January 18, it was noted that
not a quorum of the Council would be present at the March 22 Council meeting. Therefore,
the Council requested that this meeting be rescheduled to March 29.
3. RECOMMENDATION: Adopt the attached Resolution Rescheduling the March 22
Council Meeting to March 29.
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
RESCHEDULING THE MARCH 22 COUNCIL MEETING
WHEREAS, according to the approved Council Meeting schedule for 2005, a Regular Council
Meeting would be conducted on March 22, 2005; and
WHEREAS, since there wouldn't be a quorum of the Council present at the March 22, 2005
meeting, it has been recommended to reschedule the; meeting to March 29, 2005,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that the Regular Council Meeting scheduled for March 22,
2005 has been rescheduled to March 29, 2005.
Adopted by the City Council on January 25, 2005.
Agenda Number: _,J' 1 I
TO: Laurie Ahrens, City Manage
FROM: Sandy Paulson, City Clerk, t ough Pat Qvale, Public Services Manager
SUBJECT: TOBACCO LICENSE APPROVAL APPLICATION FOR FOUR SEASONS
LIQUORS V, LLC D/B/A FOUR SEASONS LIQUORS, 4232 LANCASTER
LANE
DATE: January 10, 2005, for City Council Meeting of January 25, 2005
1. ACTION REQUESTED: Adopt the attached resolution approving a tobacco license for
Four Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster Lane.
2. BACKGROUND: The City has received an application for a tobacco license from Four
Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster Lane. This location
was previously licensed to Yang Corporation, Inc. The applicant has agreed to participate in
the City's Best Practices program.
3. ALTERNATIVES: The Council could deny the license request.
4. BUDGET IMPACT: The license fee has been received.
5. RECOMMENDATION: The attached resolution approving the license request is
recommended for adoption.
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
APPROVING 2005 TOBACCO LICENSE
FOR
FOUR SEASONS LIQUORS V, LLC, d/b/a FOUR SEASONS LIQUORS, 4232 LANCASTER
LANE
BE IT RESOLVED by the City Council of the City of Plymouth that a tobacco license is hereby
approved for Four Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster Lane.
Adopted by the Plymouth City Council on January 25, 2005.
DATE: January 12, 2005 for the City Council Meeting of January 25, 2004
TO: Laurie Ahrens, City Manager through
A ne Hurlburt, Director of .Community Development
FROM: Daniel K. Campbell, Sr. Engineering Technician
SUBJECT: 2004 MILL AND OVERLAY PROJECT, PART 2
CITY PROJECT NO. 4115
ACTION REQUESTED: Make a motion to adopt the attached resolution approving Change Order
No. 1 for the above project.
BACKGROUND: Attached is Change Order No. 1 which provides compensation to the contractor for
additional work. The purpose of this project was to mill two inches of existing bituminous surface from
Sunset Trail and replace it with two new inches of bituminous. Once two inches had been milled off a
number of the areas on Sunset Trail, mostly in the shoulder bike lane areas, there was no asphalt base
remaining. To ensure that these areas would not break up under traffic in the next ten years, a decision
was made to place an additional four inches of asphalt base under the travel lanes and a two inch asphalt
base under the shoulder/bike lanes where the existing section was deficient. After milling was
completed, it was also necessary to remove and replace an additional one to two feet of a number of
driveways in order to provide a proper connection once the new two inch bituminous layer was
reinstalled. As part of the project, a deteriorated drainage culvert under Sunset Trail at Forestview Lane
had to be replaced. It was subsequently realized that this created an unsafe condition along the shoulder
bike lane. To remove this hazard, a catch basin was placed at the inlet end.
An alternate part of this project included the construction of a new storm sewer line to prevent flooding
of a property in the southwest corner of Teakview Lane. This was one of the flood sites analyzed by our
consultant, SEH. Additional work was necessary to assure there would be no erosion at the pipe outlet
into Lake Cavanaugh. This was accomplished by lowering the pipe to create a submerged outlet.
Additional work at the inlet of the existing storm sewer on the west side of Teakwood Lane included
relocation and reconstruction of the existing corrugated metal pipe along with installation of additional
riprap around the new and existing pipe inlets.
All of this additional work amounted to an extra cost of $47,445.81, and is detailed in the attached letter
from our engineer.
BUDGET IMPACT: Funding for Change Order No. 1 will be $6,018.70 from the Water Resources
Fund and $41,427.11 from the Street Replacement Fund.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the
attached resolution approving Change Order No. 1 to Bituminous Roadways, Inc. for the 2004 Mill and
Overlay, Part 2 Improvement Project, City Project No. 4115, in the amount of $47,445.81.
attachments: Change Order No.
Letter
Resolution
O: AEngineeringTROJECTS\2000 - 2009A4115\MemosVCC_ChgOrd_1_4115.doc
CONsmwr GRo1R, INC
December 20, 2004
CHANGE ORDER NOS. 1 A AND 1 B
OWNER: City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447
SRF No. 0045098
Page 1 of 2
PROJECT: 2004 Major Street Mill and Overlay Improvements (Part 2)
City Project No. 4115
CONTRACTOR: Bituminous Roadways, Inc.
NATURE OF THE CHANGES: CHANGE ORDER NO. 1A — BASE CONTRACT
1. Mill and Patch Sections on Sunset Trail: Patch thin road section area's with bituminous
prior to paving overlay. The cost of this additional work is $31,350.80.
2. Replace Driveway Connections to Sunset Trail: This work included repairing the ends of
existing homeowner's driveways to match the new pavement for the cost of $8,392.00.
3. Install Catch Basin: Remove a storm sewer culvert flared end and installed a 2' x 3' catch
basin on Sunset Trail at Forestview Lane for -the cost of $1,684.31.
NATURE OF THE CHANGES: CHANGE ORDER 1B — CONTRACT ITEM ALTERNATE
NO. 2B (SUNSET TRAIL STORM SEWER)
1. Storm Sewer Work: The proposed depth for the 21" RCP storm line at its outlet is lowered by
3.4'. The cost for this additional depth is $3,180.00.
2. Relocate Existing Flared End: Perform additional work to relocate and reconstruct the
existing 18" CMP between the existing catch basin and the revised inlet location for the sum of
2,403.20.
3. Rip—Rap Placement: Place additional rip -.rap around the new and existing pipe inlets on
private property for the sum of $435.50.
The Contractor shall not make claim of any kind or character whatsoever for any other costs or
expenses which he may have incurred or which he may hereafter incur in performing the work
and furnishing the materials.
2004 Major Street Mill and Overlay Improvements (Part 2)
Change Order Nos. I and 1B Page 2 of 2
These changes result in the following adjustment of Contract Price and Contract Time:
Contract Amount Prior to this Change Order $614,887.05
Net Increase Resulting from this Change Order IA $ 41,427.11
Net Increase Resulting from this Change Order 1B $ 6,018.70
Revised Contract Amount, including this Change Order $662,332.86
ISSUED: SRF CONSULTING GROUP, INC.
Fred G. Moore, P.E. Project Engineer Date
A CE TED: CONT ^ TOR
Biturnipfous Roadways, Inc.
RECOMMENDED FOR APPROVAL:
Ron Quanbeck, P.E. City Engineer
APPROVED: OWNER
Mayor City of Plymouth
City Manager, City of Plymouth
Z- z/ - 0`%
Date
Date
Date
Date
H.Civil:In-construction:5098:5098ChangeOrderNos.lA and IB 111004.doc
go CONSULTING GROUP/ I NC.
Transportation • Civil Structural Environmental • Planning Traffic • Landscape Architecture Parking
December 28, 2004
t
Mr. Ron Quanbeck, P.E.
City Engineer G DEC 2 9 2004
CITY OF PLYMOUTH -
3400 Plymouth Boulevard
L
Plymouth, MN 55441
S
SUBJECT: 2004 MAJOR STREET MILL AND OVERLAY EMI
CITY PROJECT No. 4115
CHANGE ORDER NO. 1
Dear Ron:
SRF No. 0045098
PART 2)
Attached is proposed Change Order No. 1 (Parts lA and 1B) for the 2004 Major Street Mill and
Overlay Improvements. All of the extra work in the Change Order is associated with the Sunset
Trail portion of the project. Part A is on the street mill and overlay and Part B for the storm
sewer constructed to address a flooding problem at 145 Teakwood Lane (Site B, SEH Flood
Analysis Report).
The following is a more detailed description of the extra work:
Part IA: Base Contract
1. This project completed a 2" mill and overlay on the streets to extend the life of the street at
least 10 years before reconstruction would be necessary. On Sunset Trail, after the surface
was milled, there was no asphalt base under portions of the street. This was mainly in the
shoulder/bike lane area but did extend into the: travel lane at some locations. To ensure the
extended life of the street, it was necessary to place a 4" asphalt base under the travel lane
and a 2" asphalt base under the shoulder/bike lane in these areas.
2. When several of the driveways were constructed, the asphalt was placed over the edge of the
street surface. After the street was milled, it was necessary to remove and replace an
additional one to two feet of driveway to get a proper connection.
3. As part of the base project, the drainage culvert under Sunset Trail at Forestview Lane was
replaced. The inlet end of the existing culvert was almost buried below the surface of the
ground. After the culvert was replaced and excavation completed around the end, an unsafe
condition existed along the shoulder/bike lane.. To remove this hazard, a catch basin with a
surface grate was placed at the inlet end.
One Carlson Parkway North, Suite 1,1150, Minneapolis, MN 55447-4443
Telephone (763) 475-0010 Fax (763) 475-2'.429 http://www.srfconsulting.corn
An Equal Opportunity Employer
Mr. Ron Quanbeck, P.E. - 2 - December 28, 2004
Part 1B: Storm Sewer
The three items of extra work were agreed to by the City as part of negotiations for the
easements on the two private properties at the upstream and downstream end of the new storm
sewer.
Please contact us if there are any questions on this Change Order.
Sincerely,
SRF CONSULTING GROUP, INC.
Fred G. Moore, P.E.
Senior Associate
FGM/bls
Attachment
cc: Dan Campbell, City of Plymouth
Jim Dvorak, SRF Consulting Group, Inc.
SRF, Vot3UAProjectsl50981HI-MUIDocILetterCityojPlymoulhl22804.doc
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
APPROVING CHANGE ORDER NO. 1
2004 MILL AND OVERLAY PROJECT, PART 2
CITY PROJECT NO.4115
WHEREAS, Change Order No. 1 has been prepared providing for the following:
Correct portions of Sunset Trail that had deficient bituminous sections.
Remove and replace driveway entrances to provide proper connections.
Construct new catch basin at Forestview Lane. Additional storm sewer work
in the area of Teakwood Lane.
WHEREAS, Change Order No. 1 for 2004 Mill and Overlay Project, Part 2, City Project No.
4115, is recommended for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That Change Order No. 1 for Bituminous
Roadways, Inc. for the 2004 Mill and Overlay Project, Part 2, City Project No. 4115, by
adding $47,445.81 is approved:
Original Contract Amount $614,887.05
THIS CHANGE ORDER NO. 1 - Add 47,445.81
REVISED CONTRACT AMOUNT $662,332.86
FURTHER BE IT RESOLVED, that additional funding in the amount of $6,018.70 from the
Water Resources Fund and $41,427.11 from the Street Replacement Fund.
Adopted by the City Council on January 25, 2005.
0:\Engineering\PROJECTS\2000 - 2009\4115\Resol\ChgOrd_1_4115_RES.doe
Agenda Number: &I t -
DATE: January 14, 2005, for Council Meeting of January 25, 2005
TO: Laurie Ahrens, City Manager, through
Anne Hurlburt, Director of Community Development fl ,
FROM: Ross A. Beckwith, P.E., Assistant City Engineer W-
SUBJECT: ACCEPT PUBLIC IMPROVEMENTS FOR CONTINUAL MAINTENANCE
ACTION REQUESTED: We have received a request from a developer to accept public
improvements for continual maintenance, which reflects completed work in their
development. The City has made inspections of the work and I recommend that the attached
resolution be adopted. The development is:
1. Gramercy Park Northwest Cooperative (20137)
attachment: Resolution
O:\Engineering\GENERAL\M ISC\Ross\FG-Memos\2005\FGO 1-25-05.doc
RESOLUTION NO. 2005 -
ACCEPTANCE OF UTILITIES FOR CONTINUAL MAINTENANCE
GRAMERCY PARK NORTHWEST COOPERATIVE (20137)
WHEREAS, in accordance with the Development Contract dated May 8, 2001, Frana & Sons, Inc., developer
of Gramercy Park Northwest Cooperative (20137), has agreed to install certain improvements for said
development; and
WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and
WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the
completed work;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA; that the financial guarantee requirements be reduced as follows:
That the required financial guarantee for the above items be reduced as detailed above from $179,196 to
13,538 to reflect the completed work. The financial guarantee may be reduced accordingly. The Site
Improvement Bond, No. 375BI03318528BMC may be reduced from $268,794 ($179,196 x 150°/x) to
20,307 (13,538x150%).
0: \Engineering\DEV LMNTS\2000\20137\Resol\FG20137_ 1. doc
ORIGINAL NEW
ITEM AMOUNT AMOUNT
Street Construction 0- 0-
Sanitary Sewer 15,547 0-
Watermain 36,091 0-
Storm Sewer 0- 0-
Boulevard and Drainage Swale Sod 0- 0-
NURP Pond Construction 57,940 11,588
Street Signs 0- 0-
Park and Trail Improvements 0- 0-
Site Grading and Drainage Improvements 0- 0-
Setting Iron Monuments 500 500
Design, Administration, Inspection, As-Builts 19,200 1450
TOTAL 179,196 13,538
That the required financial guarantee for the above items be reduced as detailed above from $179,196 to
13,538 to reflect the completed work. The financial guarantee may be reduced accordingly. The Site
Improvement Bond, No. 375BI03318528BMC may be reduced from $268,794 ($179,196 x 150°/x) to
20,307 (13,538x150%).
0: \Engineering\DEV LMNTS\2000\20137\Resol\FG20137_ 1. doc
RESOLUTION NO.2005-
GRAMERCY PARK NORTHWEST COOPERATIVE
Page Two
FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section
8.1 of the approved development contract remain as follows:
ITEM
Maintenance of Erosion and Sediment
Control Plan, Street Sweeping, and Storm
Sewer Cleaning (see Grading Permit for
Financial Guarantee Requirements)
Cash:
Financial Guarantee:
ORIGINAL CURRENT NEW
AMOUNT AMOUNT AMOUNT
0- $ -0- $-0-
0-
0-
0- $ -0- $ -0-
FURTHER BE IT RESOLVED that the watermain and sanitary sewer, are accepted for continual
maintenance as of January 25, 2005 subject to the two year guarantee by Frana and Sons, Inc., issued by
Travelers Casualty and Surety Company of America.
Adopted by the City Council on January 25, 2005.
O:\Engineering\DEV LMNTS\2000\20137\Resol\FG20137_Ldoc
Agenda Number: 0 % 3
TO: Mayor and City Council
FROM: Sandy Paulson, City Clerk
SUBJECT: Support for "Putting Family First Night"
DATE: January 21, 2005 for the January 25, 2005 City Council Meeting
1. ACTION REQUESTED: Adopt attached :resolution in support of the goals of the
Putting Family First" community group.
2. BACKGROUND: "Putting Family First" is a group of citizens advocating a balance for
families between internal bonds and external activities. The group believes that retrieving
family life requires a public, grass roots movement generated and sustained by families
themselves. It supports a plan for families to set conscious limits on the scheduling of
outside activities, on television viewing, the Internet and other electronic media, and to
seek out ways to participate together in activities that build and serve communities.
The Youth Advisory Council discussed this initiative at its January 3 meeting, and is
encouraging the City Council to adopt the resolution.
3. ALTERNATIVES: The City Council could take no action.
4. DISCUSSION: The organization is seeking support from government bodies, schools,
faith communities, neighborhoods, and other groups to provide families with resources
and programs that offer regular intergenerational activities, so that whole families can
participate.
5. BUDGET IMPACT: There would be no added budget impact.
6. RECOMMENDATION: Adopt the attached resolution.
CITY OF PLYMOUTH
Resolution 2005—
SUPPORTING THE "PUTTING FAMILY FIRST" COMMUNITY GROUP
WHEREAS, cities are vital partners with families in providing nurturing and safe
environments for children to learn and grow; and
WHEREAS, strong family relationships are a critically important factor in the health and
well-being of children and youth; and
WHEREAS, research by the University of Minnesota Medical School's Center for
Adolescent Health and Development reports that the more meals kids eat with their family,
the less likely they are to participate in high-risk: behaviors; and
WHEREAS, there has been a major decline in free time for children over the past decade as
cited by the Survey Research Center at the University of Michigan; and
WHEREAS, families in Plymouth will benefit from a Families First evening during the
school year in an effort to focus on family life; and
WHEREAS, the City Council supports families who choose to set a night aside of no
homework, no meetings, no practices and no organized activities
NOW, THEREFORE, we the Mayor and Plymouth City Council do hereby support the
PUTTING FAMILY FIRST" community group.
Adopted this 25th day of January, 2005.
Agenda Number: 0 I
TO: Laurie Ahrens, City Manage
FROM: Sandy Paulson, City Clerk, t ° ough Flat Qvale, Public Services Manager
SUBJECT: OFF -SALE INTOXICATING LIQUOR APPLICATION FOR FOUR
SEASONS LIQUORS V, LLC D/B/A FOUR SEASONS LIQUORS, 4232
LANCASTER LANE
DATE: January 10, 2005, for City Council Meeting of January 25, 2005
1. ACTION REQUESTED: Conduct a public hearing, and unless information is received to
the contrary, adopt the attached resolution approving an off -sale intoxicating liquor license
for Four Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster Lane, for the
license period to expire January 31, 2006.
2. BACKGROUND: The City has received an application for an off -sale intoxicating liquor
license from Four Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster
Lane. This location was previously licensed to Yang Corporation, Inc.
3. ALTERNATIVES: The Council could approve or deny the request.
4. DISCUSSION: All fees have been paid and certificates of insurance provided. The license
application has been investigated and is recommended for approval by the Police
Department. The applicant has agreed to participate in the City's Best Practices Program.
Notice of the public hearing has been published and posted.
5. BUDGET IMPACT: All fees have been paid.
6. RECOMMENDATION: Following the public hearing, it is recommended that the Council
approve the off -sale intoxicating liquor license of Four Seasons Liquors V LLC, 4232
Lancaster Lane.
NOTICE OF HEARING ON OFF -SALE
INTOXICATING LIQUOR
LICENSE APPLICATION OF
FOUR SEASONS LIQUORS V LLC, D/B/A FOUR SEASONS LIQUORS, 4232 LANCASTER
LANE
NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the
off -sale intoxicating liquor license application of Four Seasons Liquors V LLC, d/b/a Four
Seasons Liquors, 4232 Lancaster Lane, on Tuesday, January 25, 2005, at 7:00 p.m. The hearing
will be held in the Council Chambers of the Plymouth City Hall, 3400 Plymouth Boulevard.
All persons wishing to address the Council regarding this application will be heard at that time.
Sandy Paulson, CMC/MMC
City Clerk
763/509-5080
PLYMOUTH Adding Quality to Life
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
PRINTED ON RECYCLED PAPER www.ci.plymouth.mn.us
January 10, 2005
Onkeo Vang
11936 Isanti Street NE
Blaine, MN 55449
Dear Mr. Vang:
The Plymouth City Council will conduct a public hearing on Tuesday, January 25, 2005, at 7:00
P.M. in the Council Chambers of the Plymouth City Hall, 3400 Plymouth Blvd., to consider your
application for an off -sale intoxicating liquor license at 4232 Lancaster Lane. You or your
representative should be present to answer any questions the Council may have.
I have enclosed two copies of the public hearing notice. Please post one notice on the premises
to be licensed and the other notice somewhere else in the vicinity. I will post a copy of the
hearing notice at City Hall and have provided for the required published notice.
If you have questions regarding this hearing or need further information prior to the hearing,
please contact 9% at 763/509-5054.
0 -
Kurt Hoff na
Deputy City Clerk
Encl.
PLYMOUTH ;adding Quality to Life
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
111- www.b.plymouth.mn.us
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
APPROVING OFF -SALE INTOXICATING LIQUOR LICENSE FOR
FOUR SEASONS LIQUORS V, LLC, d/b/a FOUR SEASONS LIQUORS, 4232 LANCASTER
LANE
WHEREAS, the City has received an application for an off -sale intoxicating liquor license from
Four Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster Lane; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and
WHEREAS, the City Council has conducted a public hearing and finds no reason to deny the
application.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an
off -sale intoxicating liquor license is hereby approved for Four Seasons Liquors V, LLC, d/b/a
Four Seasons Liquors, 4232 Lancaster Lane. The liquor license is issued for the period through
January 31, 2006.
Approved by the City Council on January 25, 2005.
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
DENYING OFF -SALE INTOXICATING LIQUOR LICENSE FOR
FOUR SEASONS LIQUORS V, LLC, 4232 LANCASTER LANE
WHEREAS, the City has received an application for an off -sale intoxicating liquor license from
Four Seasons Liquors V, LLC, d/b/a Four Seasons Liquors, 4232 Lancaster Lane; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and
WHEREAS, the City Council has conducted a public hearing,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an
off -sale intoxicating liquor license is hereby denied for Four Seasons Liquors V, LLC, for the
following reasons:
2.
Adopted by the City Council on January 25, 2005.
Me
DATE: January 7, 2005 for the City Council Meeting of January 25, 2005
TO: Laurie Ahrens, City Manager through
Anne "u01 Director of Community Development
FROM: Stephen Deuth, Sr. Engineering Technician
SUBJECT: PUBLIC HEARING TO CONSIDER THE VACATION OF CERTAIN
STREET & DRAINAGE/UTILITY EASEMENTS WITHIN SPICER
ADDITION AS DESCRIBED AND RECORDED IN DOCUMENT NO.
4683782(2004112)
ACTION REQUESTED: Make a motion to adopt the attached resolution vacating certain
street and drainage/utility easements within Lot 1, Block 1, Spicer Addition as recorded in
Document No. 4683782.
BACKGROUND: A letter was received on December 6, 2004 from CSM Corporation
petitioning for the vacation of street and drainage/utility easements as described in
Document No. 4683782.
This action is to clean up the title of the property prior to the filing of the plat "Shops at
Plymouth Creek". A primary call line in Document No. 4683782 does not coincide with the
platted east lot line of Lot 1, Block 1, Spicer Addition, as a result, a sliver in the east portion
of said Lot 1 is not encumbered with a street or drainage/utility easement as was intended.
The subject document was recorded on November 10, 1981 prior to the filing of Spicer
Addition.
Shops at Plymouth Creek plat will dedicate new drainage and utility easements over that
part being vacated.
RECOMMENDATIONS AND CONCLUSIONS: Unless new information is submitted
at the public hearing, I recommend the City Council adopt the attached resolution vacating
that portion of street and drainage/utility easements described in Document No. 4683782.
attachments: Map
Petition letter
Easement Document No. 4683782
Resolution
O: \Engineering\ V ACATIOMM EMOS\AUTHORIZ\2005\CC_SpicerAddition_Str_D& U_Eazmts. dm
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15905 State Highway No. 55
Plymouth, Mn
0' 12V 2W
Area 40 &-
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vau4-e-d
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Denotes Easement to 0
be vactated
401
Westwood Pr ifessional Services, Inc.
Shops at Basement
75" A,,nR DOW Plymouth Creek vacation
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75" A,,nR DOW Plymouth Creek vacation
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20032533SKFOt.DWG
CSM
DEVELOPING REAL ESTATE FOR PEOPLE,
BUSINESS & COMMUNITIES
December 3, 2004.
Stephen Deuth, Engineering Dept. `- -
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
RE: Shops. at Plymouth Creek — replat of 1/1 Spicer .Addition
Easements created in Doc. No. 4683782
Dear Mr. Deuth,
Enclosed are a Survey by Westwood and a copy of Document No. 4683782.
Line A as described in Doc. No. 4683782 does not coincide with the East lot line of Lot 1, Block 1,
Spicer Addition, as platted for the 400.40 -foot call. It is off by one degree. The deflection in the
description of Line A is 2 degrees 19 minutes 17 seconds between the first and second calls of Line
A as described in Doc. No. 4683782, and the deflection on the plat between the same lines is 1
degree 19 minutes 17 seconds. This results in the sliver in yellow being subject to a street, drainage
and utility easement. The 25 -foot drainage easement abutting and lying West of Line A also
extends into Lot 1 further than the drainage and utility easement dedicated in the plat by the same
size sliver.
We anticipate that a future purchase or lender will object to the `street' easement over the sliver of
Lot 1 which is subject to the street, utility and drainage easement. The survey identifies the
drainage -easement area as being the street, drainage and utility easement per Doc. No. 4683782,
and does not specifically identify the area subject to the street, drainage and utility easement.
To clean up the title, would it be possible to vacate the street, drainage and utility easement and the
drainage easements described in Doc. 4683782 which encumber Lot 1, Block 1, Spicer Addition,
and the drainage and utility easements dedicated in the plat of Spicer Addition, but reserving the
drainage and utility easements dedicated in the plat of The Shops at Plymouth Creek?
If you have any questions, please call me. Your assistance is greatly appreciated.
Sincerely,
eeelvl
ex Jean Crosby
Legal Assistant
612-395-7168 FAX: 612-395-7002
500 Washington Avenue South, Suite 3000 Minneapolis, MN 55415 • PH: (612) 395.7000 FX: (612) 395.7001 • www.csmcorp.net
rojecL 002
Easement C
EASEMENT
THIS AGREEMENT ma,e this- 3day of /r rt, , 19 81
i between LIBERTY DIVERSI IED INDUSTRIES, INC.
C a corporation under the laws of the State.pf Minnesota party of the
first part, and the CITY OF' PLYMOUTH, a Minnesota municipal corporation, party of
the second part;
w WITNESSETH: That the party of the first part in consideration of the sum
of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION to it in hand paid by the
U said party of the second part, the receipt of which is hereby acknowledged, does
hereby grant and convey unto said party of the second part, its successors and
assigns, the following described permanent easements lying over, under, across and
through part of the below described parcel of land lying and being in the County of
Hennepin, State of Minnesota, to -wit:
DESCRIPTION OF PARCEL:
The Southeast Quarter of the Northeast Quarter of Section 20, Totinship 118, Ranqe 22,
Hennepin County, according to United States Governrient Survey, which lies Southerly of
the Southerly right of way of State Trunk Highway No. 55 and lying Westerly of a
perpetual easement for street purposes as described in Document No. 3672842, files of
the Hennepin County Recorder.
DESCRIPTION OF EASEMENTS: G
A permanent easement for street, utility and drainage purposes over, under, across and
through the above described property:
Said easement lies Southeasterly, Easterly and Northeasterly of the following described
lines:
Commencinq at the Southeast corner of said Southeast Quarter of the Northeast Quarter;
thence South 88 degrees 56 minutes 53 seconds West, assumed bearing, along the South
line of said Southeast Quarter of the Northeast Quarter, a distance of 1335.00 feet to
the point of beginning of the easement to be described; thence North 0 decrees 11
minutes 54 seconds East, parallel to the East line of said Southeast Quarter of the
Northeast Quarter, a distance of 40.00 feet; thence North 50 degrees 28 minutes 00
seconds East a distance of 65.66 feet; thence North 44 degrees 22 minutes 26 seconds
East a distance of 15.90 feet; thence Northerly a distance of 319.00 feet along a non-
tangential curve concave to the East and having a radius of 7699.44 feet, a central angle
of 2 degrees 22 minutes 26 seconds and the chord of said curve bears North 0 decrees
59 minutes 19 seconds gest; thence North 0 dearees 11 minutes 54 seconds East, tangent
to said curve, a distance of 126.57 feet to 'the point of beginning of a line hereinafter
known as "Line A"; thence North 0 degrees 11 minutes 54 seconds East a distance of 291.24
feet; thence North 2 degrees 07 minutes 25 seconds West a distance of 400.40 feet and
said "Line A". there terminating and the point of beginning of hereinafter described "Line
B"; thence North 62 degrees 42 minutes 23 seconds West a distance of 126.95 feet to the
Southerly right of way line of Trunk Highway No. 55 and there terminating.
A 25 foot permanent easement for drainage purposes, the Easterly line of said easement
is said "Line A". The Westerly line of said easement shall be prolonged to intersect
said "Line B".
And a permanent easement for drainage purposes over, under and across the South 40.00
feet of the East 680.00 feet, as measured along the Southerly ani' Easterly lines of
said Southeast Quarter of the Northeast Quarter.
IN TESTIMONY WHEREOF, The s did f'rst party 4s caused these presents to ur
executed in its corporate name by its ?a—_p'T'* and its
and its corporatesealto be hereunto affixed the
day and year first above written. LIBERTY DIVERSIFIED INOUSTRI[S, INC.
By c
David Lenzen
Its Vice President Finance
By
Its
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
AUTHORIZING THE VACATION OF CERTAIN STREET & DRAINAGE/UTILITY
EASEMENTS WITHIN SPICER ADDITION AS DESCRIBED AND RECORDED IN
DOCUMENT NO. 4683782
WHEREAS, a public hearing with respect to said vacation was scheduled for January 25, 2005 in
accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and
WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the
meeting of January 25, 2005; and
WHEREAS, all property owners adjacent to the proposed vacation were duly notified by mail; and
WHEREAS, the Council did hold a public hearing on January 25, 2005 to inform any and all interested
parties relevant to the vacation of certain street and drainage/utility easements within Lot 1, Block 1,
Spicer Addition; and
WHEREAS, it was determined by the City Council that said easements were not needed for public
purposes;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA: That the following street and drainage/utility easements be vacated:
O: \Engineering\ V ACAT1WRESOL\A UTH0RIZ\2005\Str_D&U_SpicerAdd ition.doc
Page 2
DESCRIPTION OF PARCEL:
The Southeast Quarter of the Northeast Quarter of Section 20, ToHnship 118, Range 22,
Hennepin County, according to United States Governiient Survey, which lies Southerly of
the Southerly right of way of State Trunk Highway No. 55 and lying Westerly of a
perpetual easement for street purposes as described in Document No. 3672842, files of
the Hennepin County Recorder.
DESCRIPTION OF EASEMENTS: Gil
A permanent easement for street, utility and drainage purposes over, under, across and
through the above described property:
Said easement lies Southeasterly, Easterly and Northeasterly of the followino described
lines:
Conmencing at the Southeast corner of said Southeast Quarter of the Northeast Quarter;
thence South 88 degrees 56 minutes 53 seconds West, assumed bearing, alono the South
line of said Southeast Quarter of the Northeast Quarter, a distance of 135.00 feet to
the point of beoinning of the easement to be described; thence North 0 deorees 11
minutes 54 seconds East, parallel to the East line of said Southeast Quarter of the
Northeast Quarter, a distance of 40.00 feet; thence North 50 degrees 28 minutes 00
seconds East a distance of 65.66 feet; thence North 44 degrees 22 minutes 26 seconds
East a distance of 15.90 feet; thence Northerly a distance of 319.00 feet along a non-
tangential curve concave to the East and having a radius of 7699.44 feet, a central angle
of 2 degrees 22 minutes 26 seconds and the chord of said curve bears North 0 degrees
59 minutes 19 seconds West; thence North 0 degrees 11 minutes 54 seconds East, tangent
to said curve, a distance of 126.57 feet to the point of beginning of a line hereinafter
known as "Line A"; thence North 0 degrees 11 minutes 54 seconds East a distance of 291.24
feet; thence North 2 degrees 07 minutes 25 seconds West a distance of 400.40 feet and
said "Line A" there terminating and the point of beginning of hereinafter described "Line
B"; thence North 62 degrees 42 minutes 23 seconds West a distance of 126.95 feet to the
Southerly right of way line of Trunk Highway No. 55 and there terminating.
FURTHER, that said vacation shall not affect the authority of any person, corporation, or municipality
owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains
and hydrants thereon or thereunder, to continue maintaining the same or to enter upon such way or
portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof.
Adopted by the City Council on January 25, 2005.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth
City Council on , with the original thereof on file in my office, and the same is a
correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
O:\Engineering\V A CATI ON\RESOL\A UTHORIZ\2005\Str_D&U_SpicerAddition.doc
Agenda Number:
1
TO: Mayor and City Council ,
I -
FROM: Laurie Ahrens, City Manager,
SUBJECT: Legislative Priorities
DATE: January 20, 2005, for City Council meeting of January 25, 2005
1. ACTION REQUESTED: Consider the Council's current legislative priorities and make
any desired changes.
2. BACKGROUND: The City Council maintains a list of legislative priorities which is shared
with area legislators and used by Council and staff members when talking with legislators
throughout the year. The priorities list is not meant to replace the legislative agendas of
organizations in which the City maintains membership, but rather to focus on specific issues
of priority to the City of Plymouth. Staff monitors legislation relating to these and other;
issues impacting cities during the session.
Prior to 2004, the City Council annually adopted a list of legislative items which remained
relatively constant for the year. This changed during 2004, and the legislative priorities list
became much more of a "living document" which was frequently amended. The City
Council adopted the 2004 priorities in January and then held a meeting with area legislators.
The Council met with legislators as a group at the Municipal Legislative Commission's
annual legislative meeting in February and at the; League of Minnesota Cities Cities
Legislative Conference. The Council reaffirmed the legislative priorities as part of the
Council's 2004 Goals in February, and added three additional priorities. In the subsequent
months, there were more than 10 additional legislative positions adopted. The City Council
affirmed the legislative priorities and held a meeting with legislative candidates in late
September to discuss issues pertinent to Plymouth. During the fall campaign, there were
several additional opportunities for meetings with legislative candidates where Plymouth
issues were discussed. Additional priority issues were added in October, a press conference
was held relating to the median barriers, and the Mayor and I (and other councilmembers
individually) have met with area legislators since the November election to share the City's
legislative priorities and to seek sponsorship of bills.
Of particular note, the zero -depth pool bill has been introduced (senate version attached), and
two median barrier bills have been introduced in the senate (SF 156 and SF 130 attached).
With regard to the median bills, one seeks state bond funds and the other trunk highway
funds. As of today, these do not have companion bills in the house. A bill authorizing a
street utility fee has also been introduced.
3. RECOMMENDATION: The City Council should review the legislative priorities and
make any desired changes.
CITY OF PLYMOUTH
LEGISLATIVE PRIORITY ISSUES
BE IT RESOLVED by the Plymouth City Council that the following issues are legislative
priorities for the City of Plymouth:
Taxpayer Bill of Rights. State imposed limits on local government decision making, such as
Minnesota's proposed Taxpayer Bill of Rights legislation, are inconsistent with local
accountability and are rigid formula mechanisms that counter representative democracy and
challenge local units of government to plan with financial confidence.
Levy Limits. Levy limits should not be re-enacted. Local government officials should have the
ability to make decisions on local taxation and service levels.
Street Utility Fees. The City supports the Legislature allowing revenue options for cities, such
as street utility fees, particularly if levy limits or other restrictive measures remain in place.
Wine Sales in Grocery Stores. Eliminating the sale of alcohol to minors has been a top priority
of the City of Plymouth for several years. The City conducts compliance checks and has adopted
a Best Practices Program. The City of Plymouth opposes wine sales in grocery stores or other
venues where currently prohibited. The limit on points of sale for alcohol aids in preventing
youth access to alcohol.
Emergency Preparedness. Additional measures have been identified as necessary for improved
emergency preparedness at the state and local levels including training for local fire and law
enforcement personnel, additional detection and decontamination capability, additional
vaccinations/antidotes and protective equipment, and improved interagency communications.
The Legislature should support and fund these activities at both state and local levels to improve
our readiness to meet emergency conditions that may arise from either natural disasters or
terrorist attacks.
CriMNet. The City of Plymouth urges continued support and funding of CriMNet, as well as
improvements to enhance the integrity of the system.
Firefighter Staffing. Shortage of paid -on-call and volunteer firefighters is a statewide issue.
The City of Plymouth encourages the State to enact legislation to enhance recruitment and
retention of paid -on-call and volunteer firefighters. Consideration could be given to providing
tax credits and supplemental disability insurance.
Affordable and Life Cycle Housing. Economic and demographic trends indicate that
Minnesota's population is aging and workers need more affordable housing closer to where they
work. The region's population age 65 and older will likely double from the year 2000 to 2020.
Jobs in Plymouth are projected to increase approximately 27% during the same period. Housing
is both a statewide and local issue. The City urges the Legislature to maintain and increase
resources to the extent possible in order to encourage the development of affordable housing for
both of these groups. Local property taxes should not be relied upon to fund housing programs
because this increases the cost of housing for those most in need and has regressive impacts.
Surface Water Quality Plans. As mandated by the State, the City Council has adopted a
surface water quality plan and committed significant local funds for implementation. Because
lakes and watersheds often cross municipal boundaries, the City Council requests that the State
maintain and increase funding or bonding, to the extent possible, for water quality improvements
to enhance funding at the local level.
Transportation Funding. The entire economy benefits from a sound and adequately funded
transportation system. To adequately address growing congestion, this system must be multi-
modal. Consequently, significantly greater resources are needed to provide high quality,
efficient systems that include both transit and highways. The City encourages the Legislature to
identify long-term funding sources with growth potential that will increase transportation
funding to levels that will allow the building of high quality, efficient metropolitan and local
transit and highway systems. In addition, local elected officials should continue to be included
in MnDOT's decision-making process when state -aid roads and highways are planned in a city.
The City supports preservation of opt -out transit status.
Sales tax exemption on local government purchases. When the State was experiencing a
budget shortfall in 1992, the Legislature repealed the sales tax exemption for local government
purchases. Cities now pay state sales tax for purchases of items such as road maintenance
equipment and building materials. Since the Legislature provided no additional state aids to
offset the cost, this policy effectively increased local property taxes to finance state government
operations. The City supports legislation to reinstate the sales tax exemption for all local
government purchases.
Controlled Substance Laws. The City supports increased penalties for manufacture and
possession of methamphetamine.
Local control of residential speed limits. State law currently controls speed limits on
residential streets, with limited exception. Legislation is requested to allow more flexibility for
local officials to establish speed limits for residential streets that do not have an impact on
neighboring cities.
Construction Delays by Utility Companies. The City has experienced significant project
delays due to lack of timely response by utility companies in relocating utilities. Legislation is
requested to require that if a utility company fails to relocate utilities in a timely manner and
causes a delay in a construction project, the City shall be held harmless.
Zero Depth Pools. A provision in Minnesota Rule 4717.1850, Subp. 2B(1) states that a zero
depth pool may be allowed or used in Minnesota only if a lifeguard is present at the zero depth
area at all times in the pool is in use. The City proposes that this be overridden to allow use by
persons of 18 years or older without the requirement of a lifeguard.
I-494 and I-169 Median Barriers. Over the past decade, the stretch of I-494 in Plymouth has
been the site of more than 20 serious accidents in which 10 people died and 14 suffered life-
threatening injuries. Of those, 11 involved vehicles that crossed the median and crashed into
oncoming traffic. This segment of roadway is not slated to be improved by the Minnesota
Department of Transportation until 2014 or later. Similarly, Highway 169 from 26th Avenue to
Bass Lake Road has many cross-over incidents resulting in death and serious injury. That
roadway has no planned improvements through 2030. To improve safety along the road, the
City requests the installation of temporary cable median barriers.
S.F. No. 284, as introduced 84th Legislative Session (2005-2006) Page 1 of 1
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Authors and Status List versions
S.F. No. 284, as introduced 84th Legislative Session (2005-2006) Posted on Jan 12, 2005
1.1 A bill for an act
1.2 relating to health; authorizing the limited use of
1.3 zero -depth public swimming pools without a lifeguard;
1.4 amending Minnesota Statutes 2004, section 144.1222, by
1.5 adding a subdivision.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2004, section 144.1222, is
1.8 amended by adding a subdivision to read:
1.9 Subd. 2c. [POOLS USED FOR ADULT -ONLY
1.10 RECREATION.] Notwithstanding Minnesota Rules, part 4717.1850, a
1.11 pool with a zero -depth area may be used without the presence of
1.12 a lifeguard if access to the pool area is limited to individuals
1.13 who are 18 years of age or older during the time a lifeguard is
1.14 not present.
1.15 [EFFECTIVE DATE.] This section is effective the day
1.16 following final enactment.
Please direct all comments concerning issues or legislation
to your House_Member or State SenatQj.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General_...questions or comments.
http://www.revisor.leg.state.mn.uslbinlbldbill.php?bill=50284.0&session=1s84 1/20/2005
SF0284 Status in Senate for Legislative Session 84
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SF0284 Status in Senate for Legislative Session 84
Bill Name: SF0284 Companion: n/a Revisor Number: 05-1183
Bill Text
Senate Gaither; Rest; Olson
Authors
Short Public swimming pools use without lifeguard
Description
Long Unofficial Actions (includes committee actions and
Description initial committee hearings)
BodyI
Senate
Date
01/13/2005
Action IFDescription
Introduction and first
reading
Committee 1Page
83
Ro11 Cal
Senate 01/13/2005 Referred toIlSecurityHealthand Family
Please direct all comments concerning issues or legislation
to your House Membe or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General questions or comments.
last updated: 01/19/2005 (tmo)
http://www.revisor.leg.state.nm.uslrevisor/pages/search__statuslstatus_detail.php?b=Senate... 1/20/2005
S.F. No. 156, as introduced 84th Legislative Session (2005-2006) Page 1 of 1
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S.F. No. 156, as introduced 84th Legislative Session (2005-2006) Posted on Jan 06, 2005
1.1 A bill for an. act
1.2 relating to highways; appropriating money from the
1.3 trunk highway fund for construction of median safety
1.4 barriers on marked Interstate Highway 494 and marked
1.5 Trunk Highway 169.
1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [APPROPRIATION.]
1.8 $600,000 is appropriated from the trunk highway fund to the
1.9 commissioner of transportation for construction of a concrete or
1.10 cable median safety barrier on marked Interstate Highway 494
1.11 from its intersection with marked Interstate Highway 394 in the
1.12 city of Minnetonka to its intersection with Bass Lake Road in
1.13 the city of Plymouth.
1.14 Sec. 2. [APPROPRIATION.]
1.15 $400,000 is appropriated from the trunk highway fund to the
1.16 commissioner of transportation for construction of a concrete or
1.17 cable median safety barrier on marked Trunk Highway 169 from its
1.18 intersection with Bass Lake Road to its intersection with 26th
1.19 Avenue/Medicine Lake Road in the city of Plymouth.
1.20 Sec. 3. [ANTILAPSE.]
1.21 The appropriations in sections 1 and 2 are onetime
1.22 appropriations and do not lapse.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General questions or commend,
http://www.revisor.leg.state.nm.usibinlbldbill.php?bill=130156.0&session=1s84 1/20/2005
SF156 Status in House for Legislative Session 84 Page 1 of 1
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01/20/05
SF156 Status in House for Legislative Session 84
Bill Name: SF156 Companion: n/a Revisor Number:
Bill Text
House
Authors
Short
Description
Lona Unofficial Actions (includes committee actions and HouseResearch Summa
Description initial committee hearings)
Body Date Action Description / Committee 1Page Ro11 Cal
Senate 01/10/2005 Introduction and first reading 59
Senate 01/10/2005 Referred to :IF inance
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last updated: 0111 912 005 (tmo)
http://www.revisor.leg.state.mn.us/revisor/pages/search _status/status_ detail.php?b=House... 1/20/2005
S.F. No. 130, as introduced 84th Legislative Session (2005-2006) Page 1 of 1
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S.F. No. 130, as introduced 84th Legislative Session (2005-2006) Posted on Jan 06, 2005
1.1 A bill for an, act
1.2 relating to capital improvements; authorizing the
1.3 issuance of state bonds; appropriating money for
1.4 median safety barriers on I-494 and Highway 169.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [APPROPRIATION.]
1.7 $1,000,000 is appropriated from the bond proceeds fund to
1.8 the commissioner of transportation for the following projects:
1.9 (1) $600,000 is to construct a concrete or cable median
1.10 safety barrier on marked Interstate Highway 494 from its
1.11 intersection with marked Interstate Highway 394 to its
1.12 intersection with Bass Lake Road in or near the city of
1.13 Plymouth; and
1.14 (2) $400,000 is to construct a concrete or cable median
1.15 safety barrier on marked Trunk Highway 169 from its intersection
1.16 with Bass Lake Road to its intersection with Medicine Lake Road
1.17 in or near the city of Plymouth.
1.18 Sec. 2. [BOND SALE.]
1.19 To provide the money appropriated in this act from the bond
1.20 proceeds fund, the commissioner of finance shall sell and issue
1.21 bonds of the state in an amount up to $1,000,000 in the manner,
1.22 upon the terms, and with the effect prescribed by Minnesota
1.23 Statutes, sections 16A.631 to 16A.6715, and by the Minnesota
1.24 Constitution, article XI, sections 4 to 7.
1.25 Sec. 3. [EFFECTIVE DATE.]
2.1 Sections 1 and 2 are effective the day following final
2.2 enactment.
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http://www.revisor.leg.state.nm.usibin/bldbill.php?bill=SO130.0&session=ls84 1/20/2005
SF130 Status in House for Legislative Session 84 Page 1 of 1
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01/20/05
SF130 Status in House for Legislative Session 84
Bill Name: SF130 Companion: n/a Revisor Number:
Bill Text
House
Authors
Short
Description
Long Unofficial Actions (includes committee actions and House Research Summar[
Description initial committee hearings)
Body Date Action Description /Committee Page Roll Cal
Senate 01/06/200 1 Introduction and first reading] 51
senate 01 /06/2005 Referred to Finance
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
Generalquestions or comments.
last updated: 01/19/2005 (tmo)
http://www.revisor.leg.state.nin.us/revisor/pages/search_status/status_ detail.php?b=House... 1/20/2005