HomeMy WebLinkAboutCity Council Packet 07-26-2005CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
JULY 26, 2005, 7:00 PM
Black Box Theater, Plymouth Creek Center)
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PLYMOUTH FORUM Individuals 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 Presentation of Environmental Champion Awards, Solid Waste Coordinator Marjorie
Vigoren
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 (Res2005-274)
6.03 Approve amendment to Resolution establishing bid date for Station 73 project (3125 –
Res2005-275)
6.04 Approve final payment for Shooting Range at Fire Station No. 3 (Res2005-276)
REGULAR COUNCIL MEETING
July 26, 2005
Page 2
6.05 Approve Final Plat for Timber Creek Crossing 3rd Addition for 64 multi -family units
and one common lot located at 51St Avenue and Dunkirk Lane. Orrin Thompson
Homes. (2005063 — Res2005-277)
6.06 Award contract for Bass Lake Lift Station Upgrades (4116 — Res2005-278)
6.07 Accept Second Quarter 2005 Financial Report
6.08 Accept Petition, Order Preliminary Engineering Report, Receive Report and Order
Streetlight Project for one additional street light within Jordan's Ridge (Res2005-279,
Res2005-280)
6.09 Accept Petition, Order Preliminary Engineering Report, Receive Report and Order
Streetlight Project for one additional street light within Sagamore Condominiums
Development (Res2005-281, Res2005-282)
6.10 Approve an Encroachment Agreement for a boulder retaining wall to be constructed
within the public easement on Lot 1, Block 1, Seven Greens (Res2005-283)
6.11 Approve final release of Financial Guarantees for Harvest Hills (2001023 — Res2005-
284)
6.12 Approve Whistleblower Policy (Res2005-285)
6.13 Approve Deer Management Program for 2005 (Res2005-286)
6.14 Declare costs and set public hearing for 2005 delinquent water, sewer, recycling,
surface water fee, and street lighting service charges (Res2005-287, Res2005-288)
6.15 Approve Water Tower Site Antenna Agreement with Nextel West Corporation
Res2005-289)
6.16 Approve Final payments for Ice Center expansion project (Res2005-290)
REGULAR COUNCIL MEETING
July 26, 2005
Page 3
7. PUBLIC HEARINGS
8. GENERAL BUSINESS
8_1 Approve easement agreement with Great River Energy for construction of a power
transmission line (Res2005-291)
9. REPORTS AND STAFF RECOMMENDATIONS
9.1 Update on Median Barriers
10. ADJOURNMENT
L i `ij !
DATE: July 14, 2005 for the City Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager through
Pat Qvale, Public Services Manager
FROM: Marjorie E. Vigoren, Solid Waste & Environmental Education Coordinator
SUBJECT: PRESENTATION OF ENVIRONMENTAL CHAMPION AWARDS
ACTION REQUESTED: Present the certificates of appreciation to the following people
who have been named as Plymouth Environmental Champions.
BACKGROUND: A clean, safe and healthy environment plays an important part in the
excellent quality of life enjoyed by the citizens of Plymouth. In large part, maintaining this
environmental excellence depends on the citizens themselves.
Among all those in Plymouth who work to protect the environment there are some who
have been recognized by their neighbors and associates for their outstanding environmental
stewardship. It has been the practice for the past few years that the City of Plymouth
recognize these citizens, nominated as Plymouth Environmental Champions.
This year the following individuals have been selected by the Plymouth Environmental
Quality Committee as Plymouth Environmental Champions:
Bridget Jodell
For many years, Bridget has taken a leadership role in the work to protect the water quality
of Medicine Lake. She has been active in the Association of Medicine Lake Area Citizens
AMLAC), serving in several positions on that organization's board of directors. She has
been a mentor for new board members, guiding their work to improve the health of the
lake.
Bridget has taken weekly readings of the water levels of Medicine Lake for over 20 years
as a volunteer for the DNR.
Bridget was one of the participants in the original pilot survey of storm water drainage
sites. She wrote a book that was a useful guide when the City was preparing the Medicine
Lake Plan, which is now being implemented
Bridget worked with other residents to call attention to a erosion site that had a significant
impact on the water quality of Medicine Lake.
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Over the years Briget has advocated for the health of Medicine Lake throughout the
process of writing and implementing a plan to protect the lake.
She has also participated in shoreline plantings and helped recruit volunteers to help
AMLAC with other projects that promote clean water.
Don Maxwell
Don was one of the founders of AMLAC (Association of Medicine Lake Area Citizens),
back in the 1970's and worked to establish what is now French Regional Park.
He advocated for street sweeping to protect lakes from phosphorus run-off from fall leaves.
Don even bought his own vacuum and for a few years used it to get at places the street
equipment could not reach.
Don has worked tirelessly for more than 30 years on behalf of Medicine Lake. He served
on the Aquatic Vegetation Management Group, and the Surface Water Fee Task Force. He
invested many years, since the early days of AMLAC to guide new board members to do
the work of caring for the lake.
Tom Gallagher
Tom served on the original Medicine Lake Committee four years ago, as well as the re-
convened Medicine Lake Committee. Tom also served on a subcommittee formulate
recommendations for the larger committee. These recommendations were adopted in the
final plan.
Tom also heads up the Broom Brigade volunteers around Medicine Lake and has gone
door to door to find residents willing to adopt a drain to keep pollutants from going into the
lake. Tom has recruited thirty-six volunteers for this program.
He also recruited three of his neighbors to join with him in shoreline restoration projects.
Tom is very committed to environmental work in our community.
Pat and Terri McKeown
The McKeowns have been working diligently for the past several years to create an
amazing backyard using all native Minnesota plants and environmentally friendly
landscaping techniques.
The McKeowns' home is located on a wonderful hillside lot on Zachary Lane. The view
from the top of the hill is amazing, but the steep slope of their lot made it quite challenging
for them to maintain their lawn. So, the rolled up their shirtsleeves and began researching
native landscaping. Little did they know what they were getting into!
As Pat and Terri began planning their new backyard, they applied for and received a grant
from the City of Plymouthfor native plants. That was just the beginning. Before they knew
it, Terri was loading up wood chips from the City and Pat was buying a tractor to move the
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many tons of boulders to create three tiers of rock walls. Planting the hundreds of plants
was a tak in itself. It became a labor of love.
Anyone who visits the McKeowns not only gets a tour of their new backyard, but also
receives an education on the process, the plants and the benefits of native landscaping.
Their enthusiasm for their project spread to the Robbinsdale School District and the high
school biology classes. Students have an opportunity to see first-hand how these plants
help improve the water quality in suburban areas.
Pat and Terri McKeown are not only good stewards of their environment, they are also
passionate about educating others about the strengths of native landscaping. They have
worked so hard, so diligently, for so long, that it is time the received recognition for their
unbelievable efforts.
Mary Anderson
Mary is a sixth grade teacher at Wayzata West Middle School. The majority of her students
live in Plymouth.
Mary is an advocate for the environment, and works daily to help instill the value of
environmental stewardship in her students and colleagues. Mary embraces resource
conservation, energy conservation, reduction of toxics and water quality stewardship in
both teaching and actions, setting an example for her students.
Mary saw the opportunity to incorporate environmental issues into the science curriculum.
She was instrumental in setting up the HOPE (Help Our Planet Earth) Team, bringing
sixth, seventh and eighth grade students together for weekly meetings and work sessions to
facilitate a school -wide recycling effort.
This year Mary arranged for the entire sixth grade class to tour facilities that exemplified
each step of the state's "waste management hierarchy" (waste reduction and reuse,
recycling, composting, waste -to -energy and landfilling). Students visited the Reuse Center,
RecycleAmerica recycling processing facility, a landfill, a compost facility among other
stops that exemplify the hierarchy.
Mary's personal investment of time and effort to give the sixth students a memorable, first-
hand experience of each step of the waste management hierarchy will have a lifelong
impact on the 225 students.
Maddi Wichert
Maddi is a seventh grade student at Wayzata West Middle School and a founding member
of the HOPE Team. She demonstrated a unique and enduring interest in resource
conservation and a commitment to recycling.
Maddi contributed new ideas and enthusiasm to the team's efforts to improve recycling
and investigate waste reduction opportunities in her school.
Maddi brought new ideas for promotion, developed informational displays and produced
news stories and announcements about the team's work.
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Maddi has showed true leadership in initiating positive change and in motivating others to
help.
Francesca Parente
When she was in seventh grade Francesca began working on improving the recycling
program at Wayzata West Middle School, as a founding member of the HOPE Team.
Francesca continued to work on improving her school's recycling program, which logged a
200% increase in recycling bottles and cans in the first three months of the 2004-2005
school year.
Throughout her involvement in the HOPE Team Francesca continued to be a leader,
motivating her team by producing educational materials, brainstorming ideas and
implementing program initiatives.
Some of these projects include a classroom inventory of recycling containers, producing
labels and instructions for teachers and conducting recycling contests to help promote the
activity.
Francesca shows an understanding of and commitment to resource conservation and
environmental protection. It is clear that she will take this commitment with her to high
school and then throughout her life's journey.
Milly Whittington
Milly is concerned about the appearance of her community and about the water quality of
its lakes, streams and wetlands. Her concern is both personal and professional. Milly is
personally invested in the City of Plymouth and the quality of her city's environment. As a
professional in real estate, Milly is determined to do what she can to help her clients and
neighbors take action to protect the beauty and environment of the City.
Milly has begun a personal campaign to educate her clients and her neighbors about the
importance of keeping grass clippings, soil and other yard waste out of streets and off of
impervious surfaces. She sought out educational materials from the City to share with
these people.
Milly's friendly, common sense approach will go far in spreading the word about the
importance of sweeping up yard waste to protect water quality. Her person-to-person
method of informing people of the importance of their role in protecting water quality
serves as an example of how neighbors can help neighbors become aware of the role we all
play in protecting our quality of life.
RECOMMENDATIONS AND CONCLUSIONS: Present the certificates of
appFciation to the ove-named Environmental Champions.
Marjori. Vigoren
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Proposed Minutes
Regular Council Meeting
July 12, 2005
Deputy Mayor Bildsoe called a Regular Meeting of the Plymouth City Council to order at 7:05
p.m. in the Black Box Theater, Plymouth Creek Center, 14800 34 h Avenue North, on July 12,
2005.
COUNCIL PRESENT: Deputy Mayor Bildsoe, Councilmembers Hewitt, Slavik, Stein, and
Black (arrived at 7:10 p.m.).
ABSENT: Mayor Johnson and Councilmember Willis.
STAFF PRESENT: Fire Chief Kline, Finance Director Hahn, Captain Franz, City Attorney
Knutson, Park and Recreation Director Blank, Community Development Director Hurlburt,
Public Works Director Cote, and City Clerk Paulson.
Plymouth Forum
There was no one wishing to address the Council).
Presentations and Public Information Announcements
4.01) Presentation on "National Night Out"
Lieutenant Plekkenpol announced this year's National Night out on August 2.
4.02) Presentation on Police Bike
Lieutenant Plekkenpol announced the donation of a mountain bike from the Plymouth Crime and
Fire Prevention Fund and the Plymouth Station's Holiday Stationstore, 16825 County Road 24.
This bicycle would be used to enhance the work of the Police Mountain Bike Patrol.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt a
Resolution Accepting Donation of Police Mountain Bike and Supporting Biking Equipment to
the Plymouth Police Department (Res2005-251). With all members voting in favor, the motion
carried.
Deputy Mayor Bildsoe announced that this year's Music in Plymouth was a success, and he
thanked everyone for his or her involvement.
Approval of Agenda
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 2 of 12
approve thea egnda. With all members voting in favor, the motion carried.
Consent Agenda
Deputy Mayor Bildsoe removed item No. 6.15, and it was placed under General Business as item
No. 8.5. By request of a resident, item No. 6.13 was removed and placed under General
Business as item No. 8.05.
Motion was made by Councilmember Slavik, and seconded by Councilmember Hewitt, to
approve the Consent Agenda, which included the following items:
6.01) Minutes of the Special and Regular Council Meetings of June 28.
6.02) Resolution Approving Disbursements for the Period Ending July 1, 2005 (Res2005-252).
6.03) Approval of co-sponsorship of "Friends of the Library" annual event.
6.04) Resolution Approving a Conditional Use Permit to allow installation of a 75 -foot
Monopole with Telecommunication Antennas and Related Equipment for Cingular, Wireless
PCS, Inc. at Messiah United Methodist Church, 17805 County Road 6 (2005037 — Res2005-
253).
6.05) Resolution Approving a Preliminary Plat and Final Plat for Two Single -Family Lots to be
known as Medicine Lakeview Estates located at 1829 Forestview Lane (2005051 — Res2005-
254), and a Resolution Approving a Minor Subdivision and Variance for Property located at
1805 and 1829 Forestview Lane North (2005051 — Res2005-255).
6.06) Resolution Approving a Comprehensive Plan Amendment for Beautiful Savior Lutheran
Church for Property located at 5005 Northwest Boulevard (2005057 — Res2005-256), Ordinance
Amending Chapter 21 of the City Code to Classify Certain Land located at 5005 Northwest
Boulevard (2005057 — Ord2005-16), Resolution Approving Findings of Fact for the Rezoning of
Property located at 5005 Northwest Boulevard (2005057 — Res2005-257), and a Resolution
Approving Site Plan Amendment and Conditional Use Permit to allow a Church Expansion for
Beautiful Savior Lutheran Church located at 5005 Northwest Boulevard (2005057 — Res2005-
258).
6.07) Resolution Approving a Conditional Use Permit for Carlson's Piano World for Property
located at 13810 24`h Avenue North (2005061 — Res2005-259).
6.08) Resolution Approving a Variance to allow a 48 Percent Impervious Surface Area
Coverage to allow Construction of a Home Addition by Skyline Design, Inc. for Property located
at 995 Yuma Lane North (2005067 — Res2005-260).
6.09) Resolution Approving Variances for Damien and Kristen Wolf for Redevelopment of a
Non -Conforming Lot, Impervious Surface Coverage, Detached Garage in the Front Yard, and
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 3 of 12
Side Yard Setback for Property located at 10610 South Shore Drive (2005046 — Res2005-261).
6.10) Resolution Authorizing Execution of Agreement with the Minnesota Department of
Public Safety for Minnesota Joint Analysis Center (Res2005-262).
6.11) Resolution Approving Change Order No. 2 for Lift Station Telemetry System Upgrades
3119 — Res2005-263).
6.12 Resolution Authorizing Renewal of the Contract with the State of Minnesota for the Fire
Department to provide Response Services in the Event of Radiological Incidents at the
Monticello and Prairie Island Nuclear Facilities for Fiscal Years 2006 and 2007 (Res2005-264).
6.13) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.05).
6.14) Resolution Receiving Engineering Services Proposal, Designating Engineer, and
Ordering Preliminary Engineering Report for County Road 9/61 Erosion Repair Project (4135 —
Res2005-265).
6.15) (This item was removed from the Consent Agenda and placed under General Business as
item No. 8.5).
6.16) Approve Amendment to the 2005 Work Plan of the Environmental Committee to include
review of Carleton Fellowship project conducted by Karina Hill.
6.17) Resolution Authorizing Execution of Agreement with the Minnesota Department of
Public Safety for Safe and Sober Communities (Res2005-266).
Councilmember Black registered no votes for item No's. 6.08 and 6.09.
Motion carried to approve the Consent Agenda.
Public Hearings
7.1) On -Sale and Sunday Intoxicating Liquor Applications for Woody's — Carlson
Parkway, LLC d/b/a Woody's Grille, 220 Carlson Parkway
City Clerk Paulson reported on the request Woody's — Carlson Parkway, LLC d/b/a Woody's
Grille, 220 Carlson Parkway for On Sale and Sunday Intoxicating Liquor Licenses.
Deputy Mayor Bildsoe opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor
Bildsoe declared the public hearing closed.
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 4 of 12
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a
Resolution Approving On -Sale and Sunday Intoxicating_ Liquor Licenses for Woody's — Carlson
Parkway, LLC d/b/a Woody's Grille, 220 Carlson Parkway (Res2005-267). With all members
voting in favor, the motion carried.
7.2) On -Sale Wine and 3.2 Malt Liquor Applications for 1St of Thai, Inc. d/b/a 1St of Thai,
101006 th Avenue North
City Clerk Paulson reported on the request of 1St of Thai, Inc. d/b/a 1St of Thai, 10100 6th Avenue
North for On -Sale Wine and 3.2 Malt Liquor Licenses.
Deputy Mayor Bildsoe opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor
Bildsoe declared the public hearing closed.
Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to adopt a
Resolution Annroving Wine and 3.2 Malt Liquor Licenses for 1St of Thai_ Inc. d/b/a 1St of Thai.
With all members voting in favor, the motion carried.
7.3) Vacation of All Drainage/Utility Easements within Outlot A, Timber Creek Crossing
Second Addition
Public Works Director Cote reported on the request of US Homes to vacate the drainage/utility
easements platted within Outlot A, Timber Creek Crossing Second Addition. He explained that
during the platting of the Second Addition, the drainage/utility easements were inadvertently
dedicated within all of Outlot A.
Deputy Mayor Bildsoe opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Deputy Mayor
Bildsoe declared the public hearing closed.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to adopt
a Resolution Authorizing the Vacation of All Dedicated Drainage/Utility Easements within
Outlot A, Timber Creek Crossing Second Addition (Res2005-269). With all members voting in
favor, the motion carried.
General Business
8.05) Approve Plans and Specifications and Order Advertisement for Bid for Boulder
Ridge Pond Outlet Structure Project (4133)
Larry Klick, 10705
57th Avenue North, spoke of the proposed project for the Boulder Ridge
Pond outlet structure. He stated he is concerned about the order of construction, and he has
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 5 of 12
spoken with the Watershed District, as well as with the Minnesota Department of Natural
Resources. He suggested that the existing weir stay in place until the new one is installed. He
stated he is concerned that the height of the existing dam is at the same height as the new one.
He explained there was a feeling that it was going to be lower, which could cause flooding
problems if there would be a 100 -year rainfall. He stated his last concern is the steel piling, and
the holes that exist. He stated he is concerned that the contract doesn't state that the contractor
has to plug the holes. This would no longer function as a weir as there would be water pouring
out of the holes. He suggested that the Council include these items in an addendum to the
contract.
Public Works Director Cote stated regarding the existing weir staying in place until the new one
is installed, this would be reviewed at the time of the bid award, and an addendum would be
issued if the consultant recommends it. He stated regarding the height issue of the dam, staff
would be surveying it to make sure that it's set at the correct height. Lastly, regarding plugging
the holes, there are requirements in the contract, but additional language could be included in the
bid documents.
Motion was made by Councilmember Black, and seconded by Councilmember Hewitt, to adopt a
Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for
Boulder Ridge Pond Outlet Structure Project 4133 — Res2005-270) with the addition of
condition No. 3 that states, "staff is directed to investigate the staging of construction to
determine if the existing weir can remain during construction and if so, to prepare the bidding
documents accordingly. Additionally, strap holes are not to be allowed to remain below the weir
height set in the bidding documents after construction." With all members voting in favor, the
motion carried.
8.1) Preliminary Plat for "Executive Woodlands," for property located at 405, 415, and
425 Harbor Lane North (Executive Homesites LLC — 2005059)
Community Development Director Hurlburt reported on the request of Executive Homesites,
LLC for Preliminary Plat approval for a proposed subdivision consisting of 12 lots for property
located at 405, 415, and 425 Harbor Lane North. She explained the site currently consists of
6.19 acres and three lots, each with a single-family home. She stated the applicant would
remove all three existing homes and construct 12 new homes. She noted that there are two
wetland basins that impact the site, and the site is heavily wooded.
She stated there were a number of issues raised by residents at the Planning Commission's
hearing. One involved the City's policy for preserving open space and natural features. This
area is basically in the backyards of homes; therefore, it's not contained in the City's
Comprehensive Plan.
She stated another issue involved the delineation and reclassification of the wetland. She
explained the applicant submitted a wetland delineation report as required. The site was
reviewed, and the boundaries of the wetland were determined, consistent with the requirements
of the Wetlands Conservation Act. Based on those findings, the applicant's consultant submitted
a request to reclassify the northernmost wetland from medium to low quality as provided for in
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 6 of 12
the Zoning Ordinance. Following the request, staff inspected the wetland site and found
characteristics consistent with a low quality wetland, including stagnant, highly fluctuating water
levels and lack of vegetation. Subsequently, staff formally reclassified the wetland to low
quality.
She stated another issue raised at the Planning Commission meeting was that the development
would exacerbate existing drainage problems. She stressed that the applicant is required to
provide documentation that the post development rate of run-off would not exceed the pre -
development rate. The applicant has stated that the proposed design of the storm water system
and pond would reduce the amount of water flowing west by 25%. In addition, staff has
included numerous conditions in the draft resolution for approval that require the final plans to
address drainage concerns and ensure that the project meets applicable City and watershed
requirements for water quantity and water quality. She noted that the site is being graded so that
the drainage from the streets is going to the water quality pond on the southeast part of the site.
She noted that comments were received regarding the size and cost of the homes and the history
of the developer and builder of the site. She stated that the City Attorney has provided an
opinion on these concerns, which is contained in the packet materials. She stated if the City is
being asked to approve a development application, such as a subdivision, Conditional Use
Permit, Variance, or changes in official controls, the application must be evaluated based upon
whether or not the application meets ordinance standards. The City isn't allowed to evaluate the
developer, only the specific application.
She stated the last issue raised involves the road pattern in the area. She explained that when 4th
Avenue was extended, there was a bump out that was constructed, rather than making Harbor
Lane a straight through street. She noted that 4th Avenue turns into a cul-de-sac. The question
was raised whether 4th Avenue should "T" into Harbor Lane, thereby making Harbor Lane a
straight through street. She stated realignment of this intersection wouldn't be occurring as part
of this development.
Councilmember Slavik asked if the wetlands weren't reclassified, how would it affect the
project. Community Development Director Hurlburt replied the wetland buffers would be
greater.
Deputy Mayor Bildsoe asked if the City ever considered this parcel for open space acquisition.
Community Development Director Hurlburt replied no, as this parcel is in the urban and
developed area of the City.
Daniel Shallbetter, 540 Glacier Lane North, stated if Harbor Lane were to be straightened, it
would affect the bus stop at 4th Avenue and Harbor Lane. He stated controlling the speed of
Harbor Lane is very important. He stated he was under the impression that this intersection was
going to be reconfigured due to this development, as he showed correspondence that he had
received on City letterhead to that effect.
Community Development Director Hurlburt denied that the City was responsible for this
correspondence, but rather someone copied the applicant's map on the back of the notification
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 7 of 12
that the City had sent, which was on City letterhead. Darrell Kvasager, Engineer with Executive
Homes, agreed and stated that they never sent any correspondence on this item.
Tanya Mueller, 505 Harbor Lane, spoke of their desire to preserve the open wooded space in
their neighborhood even though they realize that it's on private property. She stated they would
also prefer that the existing homes be sold and the property not subdivided. She stated there are
concerns regarding the traffic heading east on Gleason Lake Drive as well as the amount of
vehicles and speed of traffic on Harbor Lane. She stated at previous meetings and
correspondence sent to the City, they have voiced their concern regarding major water problems
in the area. She voiced her frustration with the applicant and contractors trespassing on their
property. She stated some of their property was damaged due to soil borings. Lastly, she is
concerned about the water quality pond being constructed so close to the bus stop with no fence
around it.
Ruth Koran, 416 Kingsview Lane North, presented a petition to the City regarding their
opposition to this project. She voiced a number of concerns that included:
1. There was no indication to their neighborhood that this property was proposed for
redevelopment.
2. The building construction soil report should label this area as severely limited due to the
amount of water on the property.
3. Developer should retain water runoff on their own property at their own expense, and how
would the water runoff be addressed.
4. What are the ground level, square footage, and placement of footings for the new homes.
5. Developer should reconfigure the wetland on the north side of the property due to drainage
problems on the property.
6. Any trimming or removal of trees should be done in the fall for minimal impact to the trees'
roots and adjacent trees.
7. Discontinue the trespassing of the applicant and contractors on her property.
8. Reduce number of trees to be removed, which would assist in buffering the noise and traffic.
9. Headlights from vehicles would be shining on her home due to constructing a road on this
parcel that would face her property.
Skip Rosen, 425 Harbor Lane, stated he is one of the homeowners that would be selling their
property to the applicant. He stressed that this is private property, and the applicant has the right
to redevelop this property. He stated the water runoff that the previous residents spoke of is
coming from the north of all these properties. He indicated that according to the plan, the water
runoff would actually be decreased by 25%.
Daniel Dorland, 14530 Gleason Lake Drive, stated this development would be destroying the
beauty of Plymouth and relocating the numerous species of wildlife. He stated the construction
would also tear up the roads that were just recently resurfaced.
Betty Oberg, 400 Juneau Lane North, stated she would be impacted by this development on two
sides. Her main concern is the water drainage, with one of the wetlands being near her property.
She stated he is very concerned about additional water drainage impacting her property.
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 8 of 12
Terry Rosen, 425 Harbor Lane North, stated they are selling their property for this
redevelopment. They have worked with the developer, and the wetland plans have been
modified. He stated this development would enhance the neighborhood and increase the
property values, rather than being a detriment. He stated there really isn't a problem with traffic
on Harbor Lane, but more with traffic on Gleason Lake Drive from Carlson Parkway.
Matt Dorland, 14530 Gleason Lake Drive, stated there is no need for million dollar homes in this
area, as there are already two expensive homes that have been for sale in the area for quite some
time. He understands that the property owner has a right to redevelop the property, but it's the
neighbors that would have to deal with the negative consequences.
Jeremy Dando, 14400 4th Avenue North, stated there is a lot of vehicles that travel 4th Avenue, as
they feel they are traveling down Harbor Lane. Therefore, it would make sense to straighten
Harbor Lane and improve this intersection. He requested that this be reconsidered, because if
traffic could be eliminated on 4th Avenue, it would make it safer for everyone.
Deputy Mayor Bildsoe requested staff to answer the questions that were raised by residents.
Regarding what authority the City has in approving and/or denying this project, property owners
rights, etc., City Attorney Knutson stated the City needs to judge the application based on the
ordinances. If the application meets the requirements of the ordinances, then the applicant is
entitled to approval. He added that the City isn't able to select applicants or judge their
character. He stated if the Final Plat is approved, there would be a development contract that
contains requirements that are recorded against the property and enforced. In addition, there are
security requirements to make sure the development agreement is carried out. He stated that the
building plans would be reviewed according to the Building Code.
Community Development Director Hurlburt addressed the concern that this development
complies with LA -1 according to the Comprehensive Plan. She explained the Comprehensive
Plan designates areas suitable for residential developments, and this area has been designated as
LA -1, low density. She stated the Comprehensive Plan doesn't indicate what areas are going to
be redeveloped, nor does the City initiate redevelopment projects. Deputy Mayor Bildsoe added
the price of land dictates the prices of homes.
Community Development Director Hurlburt discussed how water runoff from the property
would be handled as well how the water quality pond in the southeast part of the property would
function. She stressed that the Watershed District would review the redevelopment plan after the
City has given initial approval. She stated that they have standards for drainage, grading, and
best practices. This pond would be part of the City's drainage system. Public Works Director
Cote discussed conditions 8 and 12 of the approving Resolution regarding the water quality pond
and drainage.
Community Development Director Hurlburt discussed how densities are calculated.
She spoke of the tree trimming and removal process as well as how the trees on the property
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 9 of 12
borders would be protected.
She discussed the soil report contained in the packet materials and stated that this property is no
different than other sites who have faced challenges with soils.
Lastly, she stated that if there were any damage to the local streets from the developer, other than
normal wear and tear, there would be financial guarantees in place for that damage.
Mr. Kvasager spoke of the current drainage problems in the area. He explained the flow of water
from the north flows to the southeast portion of the site and to the west side of the property. He
mentioned the proposal that they presented to the neighbors to the west, whereby they would
install a drainage pipe to run along those lots and empty into an existing drainage system at
Juneau Lane. This would've improved the drainage for their properties. However, one of the
property owners stated that they wouldn't provide an easement for the pipe. He stated part of
this property drains to the west and part of it drains to the east. Staff suggested that the drainage
flow to the east to the new water quality pond, which they have incorporated as part of the
drainage plan. Lastly, he spoke of the configuration of drainage easements on the north side of
the property in order to preserve existing trees.
Councilmember Hewitt asked if all the homes would have gutters. Mr. Kvasager replied yes,
and the drainage from the gutters, sidewalks, and pavements would empty into the water quality
pond.
Councilmember Hewitt asked about restitution for damage to adjacent property owners'
properties. Community Development Director Hurlburt stated that if there is damage, that is a
private matter between the property owners. Staff has encouraged the applicant to contact
adjacent property owners to tag their trees.
Mr. Kvasager spoke of the requirement for them to obtain the elevations of the bottom floor of
adjacent homes, but they might not be able to receive permission from those property owners,
due to their reaction with this proposed redevelopment.
Councilmember Slavik commented that a property owner has a right to remove trees on their
property even if their neighbors don't support that.
Mr. Kvasager assured everyone that Ms. Oberg's drainage on her property would actually
decrease/improve.
Deputy Mayor Bildsoe requested the applicant to receive permission from adjacent property
owners before they go on their properties.
Tony Forelich, applicant, assured the Council that no encroachment would occur unless they
have permission. He spoke of his frustration in sending permission letters to adjacent property
owners after the Planning Commission hearing, and only receiving one reply.
Councilmember Black commented that it's impossible for the City to prepare homeowners for
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 10 of 12
redevelopment in their area that would be permissible according to the Zoning Ordinance. If the
application meets the City's requirements, the City would need to approve the plan.
Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a
Resolution Approving a Preliminary Plat for Executive Homesites, LLC. For "Executive
Woodlands," a Subdivision of 12 Lots for Single -Family Dwellings located at 405, 415, and 425
Harbor Lane North (2005059 — Res2005-271).
Councilmember Stein echoed Councilmember Black's above comments.
Councilmember Hewitt stated she sympathizes with the adjacent neighbors, but the application
meets all the City's requirements. She stated staff would make every effort to make sure the
drainage flows correctly in this area.
Councilmember Slavik stated that since there is no reguiding or rezoning on this site, the City
has no leverage in this case. She reiterated that a property owner has rights to redevelop their
property if it follows the City's requirements, and they also have a right to remove trees. She
stated she is hopeful that the drainage situation improves in this area as she realizes that the
adjacent homes have experienced water problems. She stated if these new homes don't sell, the
prices would need to be lowered, and the economy would dictate that. She also reiterated that
the City wouldn't be realigning the Harbor Lane/4th Avenue intersection as part of this
development.
Deputy Mayor Bildsoe stated that he would be supporting this motion. He noted that there are
other similar large properties in the City that would also be redeveloping in the future. He noted
that the City has strict standards for redevelopment, so it's not easy for developers to redevelop
property.
There being no further discussion and with all members voting in favor, the motion carried.
The Council took a 10 -minute break.
8.2) Interim Ordinance Temporarily Prohibiting Development Applications and All
Zoning and Subdivision Approvals on Cottonwood Lane South of Highway 55 (2005080)
Community Development Director Hurlburt reported on Interim Ordinance prohibiting building
permits, development applications, pre -application sketch reviews, and all zoning and
subdivision approvals on properties on both sides of the dead-end section of Cottonwood Lane
south of Highway 55. She noted previous and recent Sketch Plans that have been submitted for
this area, and she stated that further study of this area needs to be undertaken, while considering
an amendment to the City's Comprehensive Plan.
Motion was made by Councilmember Stein, and seconded by Councilmember Black, to adopt an
Interim Ordinance Temporarily Prohibiting the Issuance of Subdivision Approval and Zoning
Approvals in a Designated Area South of Trunk Highway 55 on Both Sides of Cottonwood Lane
Ord2005-17). With all members voting in favor, the motion carried.
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 11 of 12
8.3) Consultant Contract for Comprehensive Plan Update — Land Use Plan for Northwest
Plymouth
Community Development Director Hurlburt discussed the proposed contract with Resource
Strategies Corporation for assistance in updating the Land Use Plan for Northwest Plymouth.
Motion was made by Deputy Mayor Bildsoe and seconded by Councilmember Hewitt, to adopt
a Resolution Authorizing Staff to Negotiate a Contract for Consultant Assistance on the
Comprehensive Plan Update (2005050 — Res2005-272). With all members voting in favor, the
motion carried.
8.4) Dates for Initial Public Meetings, Land Use Plan for Northwest Plymouth
Motion was made by Deputy Mayor Bildsoe, and seconded by Councilmember Slavik, to
schedule public meetings (non -official Planning_ Commission and City Council Meetings) on
September 15 September 20 October 24 and October 26 for the Land Use Plan for Northwest
Pl. nnMouth. With all members voting in favor, the motion carried.
8.05) Award Contract for City Project No. 4144
Deputy Mayor Bildsoe stated he is concerned about the base bid for this project that includes a
combination of directional drilling under the wetland and open cut on each side of the wetland.
He noted that an alternate bid for directional boring the entire length was submitted; however,
that would add $33,600 to the construction cost. He realizes that directional boring costs more,
but he's concerned about the trees.
Public Works Director Cote stated under either technique, there would be 20' wide clearing of
trees. In addition, there is sanitary sewer line that crosses under the waterline, and by
excavating, the contractor would be able to avoid it. He noted the plan doesn't include
reforestation; however, due to the natural area, it should repair itself naturally in two years.
Motion was made by Deputy Mayor Bildsoe and seconded by Councilmember Black, to adopt a
Resolution Awarding Bid for Trunk Watermain Extension for Vicksburg Lane to Dunkirk Lane
4144 — Res2005-273). With all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Legislative Update
Councilmember Hewitt stressed the need for the City to lobby the legislators for funding the
City's opt out transit system.
Proposed Council Minutes
Regular Meeting of July 12, 2005
Page 12 of 12
Adjournment
Deputy Mayor Bildsoe declared the meeting adjourned at approximately 10:20 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: July 18, 2005 for the City Council Meeting July 26, 2005
1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for
the period ending July 15, 2005.
2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the
period ending July 15, 2005.
Anchor Bank
General & Special Revenue
Construction & Debt Service
Enterprise & Internal Service
Housing & Redevelopment Authority
GRAND TOTAL FOR ALL FUNDS
283,878.57
599,011.09
732,672.37
7.140.23
1.622.702.26
I
3. RECOMMENDATION: I hereby approve the attached listing of disbursements and
recommend same for payment.
Laurie Ahrens
Invoice Expense Distribution for Period Ended 7/15/05
FUND 101 General Fund 145,344.32
201 Recreation Fund 51,005.71
202 Parker's Lake Cemetery Maint 0.00
203 Transit System Fund 87,477.23
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 51.31
250 HRA Section 8 Fund 6,106.38
251 HRA General Fund 1,033.85
302 GeneralObligation Refunding D/S 0.00
401 General Capital Projects Fund 75,236.68
402 Minnesota State Aid Fund 0.00
404 Building & Equipment Rev. Fund 11,677.00
406 Park Replacement Fund 4,568.85
407 Infrasturcture Replacement Fund 0.00
408 Project Administration Fund 0.00
409 City & Community Parks 3,580.00
410 Neighborhood Parks 0.00
411 Capital Improvement Fund 262.50
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 233.21
422 Unfinanced Imp Construction 389,694.55
425 Shenandoah Housing Imp. Area 0.00
426 Shenandoah Administration 0.00
428 Activity Center/Fieldhouse 0.00
430 Public Safety Expansion 104,290.65
431 HRA Senior Apt. Constr Fund 6,749.78
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 2,717.87
501 Water Fund 131,468.40
502 Sewer Fund 104,436.98
503 Solid Waste Management Fund 58.48
504 Recreation Facility Fund 19,942.30
505 Water Resources Fund 54,309.66
506 Activity Center Fund 0.00
507 Field House Fund 743.03
601 Central Services Fund 2,991.05
602 Central Equipment Fund 178,315.58
603 Risk Management Fund 10,779.62
604 Design Engineering Fund 0.00
605 Employee Benefits Fund 166,319.98
606 Information Technology Fund 13,146.59
607 Public Facilities Fund 50,160.70
720 Senior Housing Bond Trustee 0.00
730 1-494 Corridor Commission 0.00
Total Invoice Expense Distribution: $ 1,622,702.26
Check Register
Date: 7/18/2005
Time: 10:29:34 AM
COUNCIL REPORT - CHECK REGISTER
7/02/2005 Through 7/15/2005
Page 1 of 14
Vendor Name/
Invoice Description Invoice Amount Check # Check Amount
Abdullahi, Hawa
Ju105 URP 51.00 74388 51.00
Aggregate Industries NCR
6.22 4cy hand curb w/fly,deliv 445.39 74328 445.39
Ahrens, Laurie
6-30 Mileage LMC regl mtg 35.64 74305 35.64
Alex Air Apparatus Inc
FS2 Bauer compressor air leak 192.13 74329 192.13
All Star Wireless
B Young swap blackberry 35.00 74330 35.00
All -Most Anything
6,000 roll 50th Anniv labels 200.44 74331 789.77
Balloons,clips,ribbon,dispense 589.33
Alpha Video Inc
PC live TV broadcast connect 3,832.95 74332 3,832.95
Altura Communication Solutions
8.1.05/7.31.06 PW Phone maint 5,179.47 74333 35,530.75
8.1.05/7.31.06 CC Phone maint 30,351.28
American Fastener
Flt washers/spray paint/snic p 180.66 74334 180.66
American Minority Business Frm
1000 # 10 reg Tyvek env 182.54 74335 182.54
Anchor Paper
400M 8 1/2x11 copy paper 2,377.08 74336 2,377.08
Anderson Krey, Cynthia
5.26/7.3 Marine Rescue,Home 228.31 74354 228.31
Appletree Institute
Aug05 Empl Medical Insurance 151,918.50 74337 151,918.50
Bachman's Inc
Ju105 PC Plant lease 144.03 74338 144.03
Bakken, Robyn
Park and Rec Refund 5.00 74339 5.00
Baldy Sanitation Co
Ju105 FS 123 Rubbish Removal 252.48 74340 252.48
BearCom
Cr inv 3257328 rtn batt dr 11.23) 74341 117.59
Holster/carry holster nextel 48.91
battery,batt door 79.91
Bonestroo Rosene Anderlik
Proj5113 Jan-Apr05 $1,976.50 74343 $72,905.14
Prcj3132 Feb-Apr05 $5,476.10
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Prcj5107 Feb-Apr05 4,591.75
Jan-Apr05 Munic bridge inspect 1,654.50
Jan-Apr05 priv general/Willow 1,83592
Proj3108 Feb-Apr05 45,964.64
Proj4145 Feb-Apr05 8,663.00
Proj 1033 Feb-Apr05 2,742.73
Brock White Company LLC
10-30rl/bndl orange nag $513.60 74344 $513.60
Bumgardner, Jim
Water quality landscape grant 91.00 74405 91.00
Bye, Nancy
5.11/6.22.05 HAM luncheons 22.00 74459 22.00
C.S. McCrossan Const., Inc.
6.9/6.17 113.37tn 4 1 A Wear 3,501.44 74345 3,501.44
CDW Government Inc
See Debit to reverse/cr taken 228.98) 74346 108.01
2 Cisco aironet mounts 108.01
To rev cr taken 5067672 228.98
Campbell Knutson Prof Assoc
May05 Attorney services 37,344.69 74347 37,344.69
Carlson Real Estate Co
8200407632 5.25.04 erosion ref 5,250.00 74348 5,250.00
Checkfree Corporation
M# 16830 Charmaine Booker 120.00 74349 120.00
City of Plymouth/Permits-Misc
Greenwood plyfld park lot 150.00 74350 150.00
City of Woodbury
Baloun/field trials 7.24/7.26 100.00 74540 100.00
Cleve, Seann
Ju105 HAP 949.00 74499 949.00
Commercial Asphalt Co.
6.16/6.30 142.401n 41A wear6.0 4,531.78 74351 4,531.78
Constantine, Dean
3.15/4.5.05 Swing&Social dance 600.00 74357 600.00
Cub Foods /3550 Vicksburg
Jun05 Food Charges 687.89 74353 687.89
D P C Industries Inc/PO 200129
6000lbs Chlorine 1,503.40 74355 1,503.40
Data Recognition Corporation
Jun05 UB postage 3,024.91 74297 3,024.91
Designing Nature Inc
Proj5106 #1 Pnvw retain wall 53,495.40 74358 53,495.40
Digigraphics
50th Anniv photo print,mount 650.18 74359 650.18
Discount School Supply
Various art supplies 406.27 74360 406.27
Document Technology Solutions
6.22/7.21Fin,Adm Sharp copier 353.32 74361 353.32
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Check Register
Dynamex
Page 3 of 14
6-20/6-21/6-23/6-23 Design Wri $145.68 74362 $145.68
Egan Oil
178g1 15W40 delvac 1300/175g1 1,931.84 74363 3,035.54
1 Drum 75W90 lube she 1,103.70
Ekeh, Jane
Park and Rec Refund 9.00 74364 9.00
Elan Financial Services
5.20/6.21 Young hotel AWWA con 1,858.60 74365 1,858.60
Emergency Medical Products Inc
Airway kit,trauma dressing 106.47 74367 106.47
Erickson, Gerda
Upland/transitional planting 3,534.66 74377 3,534.66
Estes, Leslie
Park and Rec Refund 37.00 74368 37.00
Express Messenger
6.20/6.27.05 Attorney P/U 37.10 74369 37.10
Farris, Roberta Lynn
Payroll Generated Invoice 443.54 74490 443.54
Fedex
5.25/6.6.05 PD,IT,Admin 59.03 74371 59.03
Ferguson Enterprises Inc
Swvl hose adpt 42.27 74372 42.27
Filtration Systems Inc.
Filters for p/s 221.69 74373 221.69
First Student Inc
6.24.05 Bunker Wave Pool 326.40 74374 326.40
Franz, Joel
6/19-6/23 Rapid Cty FBINAA con 308.17 74302 308.17
Funcharacters
7.19.05 Face painting Summer 90.00 74512 90.00
G & K Service Inc
Public Works Uniform rntl 432.26 74375 432.26
Gephart Electric
12pr phone cable fr New to Old 1,945.00 74376 2,033.25
6.9.05 Well I0 trblsht power 88.25
Gertens Wholesale
Assorted plant material Millen 287.19 74378 287.19
Gliniany, Matt
Holiday/fuel K-9 trials Moorhe 31.50 74443 31.50
Grainger
Sanitary refills,plug in lamp 164.34 74381 1,104.28
Ear muff 37.99
Squeegee/broom hndle/cble tie 437.51
Gum remvr/insect killer 68.75
Sprayer nozzle 14.51
Electric winch 315.28
3 drwr tool chest 37.34
Tester 28.56
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Check Register Page 4 of 14
Green Lawn Underground Sprnklr
Proj3129 #4 IC expansion $5,905.50 74298 $5,905.50
Gregor Farm & Greenhouse
2.00 74390 $57.52
Payroll Generated Invoice 2.00
Hostas/Perennials/Day Lily 290.98 74382 290.98
Gresser
1.00
Payroll Generated Invoice 1,00
Proj3129 #8/final IC expansion 5,821.92 74299 5,821.92
Greupner, Karol J
4.00
Payroll Generated Invoice 5.00
Target,Harris Fabric/puppet sh 49.22 74408 49.22
Gupta, Sudha
Park and Rec Refund 41.00 74384 41.00
Hahn, Dale E
6.25/6.30 Natl GFOA SanAntonio 149.00 74356 149.00
Hamel Lumber and Supply Inc
Jun05 Hardware supplies 34.40 74385 810.83
Jun05 Hardware supplies 97.01
Jun05 Hardware supplies 8.77
Jun05 Hardware supplies 60.33
Jun05 Hardware supplies 34.75
JUn05 Hardware supplies 19.40
Jun05 Hardware supplies 16.54
Jun05 Hardware supplies 1.57
Jun05 Hardware supplies 44.28
Jun05 Hardware supplies 28.39
Jun05 Hardware supplies 56.78
Jun05 Hardware supplies 16.46
Jun05 Hardware supplies 5.42
Jun05 Hardware supplies 33.11
Jun05 Hardware supplies 6.24
Jun05 Hardware supplies 31.27
Jun05 Hardware supplies 154.63
Jun05 Hardware supplies 32.86
Jun05 Hardware supplies 23.23
Jun05 Hardware supplies 4.18
Jun05 Hardware supplies 101.21
Hance Companies
Air foam/blade 23.99 74300 146.12
Gal mix pouc 79.13
filter air pape/foam 15.78
Repair kit -3 27.22
Hance Utility Services Inc
FSI locate pvt electric 161.65 74386 161.65
Hanson, John
Park and Rec Refund 16.00 74387 16.00
Hawkins Water Treatment
153601b Hydrof,85011b C9,250gl 6,570.64 74389 13,498.67
44181b Sodium Hypochlorite 3,463.80
2 Union nut 38.56
43001b Hydrof,36901b C9,250gl 3,425.67
Healthfund of Minnesota
Payroll Generated Invoice 2.00 74390 $57.52
Payroll Generated Invoice 2.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 29.52
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1,00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 4.00
Payroll Generated Invoice 5.00
Hedberg Aggregate
Var pond plants,3 Fish KOI $277.44 74392 $1,164.60
48 Engraved pavers $869.04
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Check Register
Paver"Jane Lowe $18.12
Helgeson, Glen
Page 5 of 14
7.26.05 Concert performance $450.00 74379 $450.00
Hennepin Co GIS Users Group
05 Pehler Membership 10.00 74393 10.00
Hewlett Packard/maint-support
6.20/7.19.05 Uniform 1 1,003.00 74394 1,003.00
High Five
5,000 50th Anniv adband wrist 1,171.14 74395 1,171.14
Highway 55 Rental
Hilium tank,helium 45.04 74396 194.81
Helium tank 149.77
Hill Hydroseeding
Proj3114 5.4.05 topsoil 1,173.50 74397 1,173.50
Hirshfield's
48 5gl White field paint 889.49 74398 4,447.45
96 5g1 White field paint 1,778.98
96 5gl White field paint 1,778.98
Hofmann, Elvera
6.10.05 German/Russian Ancestr 50.00 74366 50.00
Home Depot
5.27/6.27.05 Hardware Charges 3,737.38 74399 3,737.38
Howard R Green Company
Proj3114 5.27.05 10,839.00 74400 33,235.10
Proj4116 5.27.05 22,396.10
Ind School Dist 284/CK ADDR
Jun05 Jujitsu/Gymnastics 489.00 74401 489.00
Intl Assoc Chiefs of Police
Swiatkiewicz/"First Line Super 360.00 74402 360.00
InterTechnologies Group
May05 PVC connect to logis 37.00 74310 37.00
J. H. Larson Electrical Co.
4 1NOW HPS 480V core/coil 517.66 74403 1,896.99
25 1000W HPS base,3 1000W HPS 1,379.33
Jacobson, Larry
6-16 Mileage TIF workshop 8.91 74304 965.25
GFOA conf TX Jun 26-29 956.34
Jantzen, Steve
Water quality landscape grant 300.00 74508 300.00
John Deere Landscapes
2 flo span w/union 7.64 74303 37.11
Crimp clamp/red ell ins 29.47
John Deere Landscapes
Poly fitt/male adapter 11.69 74406 17.88
Coupler/PVC fist 3.38
Coupling po 2.81
Johnson, Peter
7.'05/6.30.08 Peace Ofcr Lic 90.00 74473 90.00
Johnson, Rick
Jun05 1 Deer call $82.50 74487 $82.50
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Jusczak, Kurt L
Ju105 HAP 1,117.00 74414 1,117.00
Kautzky, Marla
Park and Rec Refund 18.00 74409 18.00
Kinko's Inc
Fire/B&W digital rendering, I 8x 44.25 74370 44.25
Kleist, Scott
7.'05/6.30.08 Peace Ofcr Lic 90.00 74497 90.00
Knoll Inc
Proj3134 PS furniture 8,609.93 74411 103,490.65
Proj3134 Furniture 3,428.04
Proj3134 PS furniture 91,452.68
74391 1,102.00
Knowlton, Margaret
731.00
Upland/transitional planting 5,459.17 74441 5,459.17
Koenen, Cynthia
52.00 74418 52.00
Park and Rec Refund 5.00 74412 5.00
Korus, Terry
7.11.05 Umpire game 20.00 74519 20.00
Kriss Premium Products Inc
501b Bromicide,30gl CWT560 976.07 74413 976.07
Lacrosse Unlimited
6.27/6.30 Tennis camp 1,938.00 74415 1,938.00
Laerdal Medical Corp
2 pkg baby anne faces 104.23 74416 104.23
Lake Area Power Equipment
Saw part 4.22 74417 4.22
Lakeview Commons
Ju105 HAP 371.00 74391 1,102.00
Ju105 HAP 731.00
Laska, Betty
Park and Rec Refund 52.00 74418 52.00
Law Enforce Labor Serv./Union
Payroll Generated Invoice 129.50 74419 1,104.64
Payroll Generated Invoice 795.50
Payroll Generated Invoice 13.14
Payroll Generated Invoice 129.50
Payroll Generated Invoice 37.00
Law Enforcement Targets Inc
250 2405 Target backer 187.44 74420 187.44
Lawn King, Inc.
Jun05 Sod,riverrock 1,128.72 74421 1,128.72
Lennon, Gretchen
Upland/transitional planting 8,393.34 74383 8,393.34
Lockrem, Richard
6.9/6.26.05 Vicksburg Crsng pl 3,018.50 74486 3,018.50
Logis
May05 PD CAD,Records,GIS,Inter 10,161.00 74422 10,773.00
May05 WO 52147,15371 612.00
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Look -it Activewear
33.64 74308 $351.80
Payroll Generated Invoice 16.82
49 Leotard/gymnastics 564.05 74306 1,137.15
50 leotards/gymnastics 573.10
Payroll Generated Invoice 51.04
Loretto Auto Recondition
38.28
Payroll Generated Invoice 9.15
05-28 6.14.05 Unit 497 rprs 1,722.62 74423 1,722.62
Luer, Marna
12.76
Payroll Generated Invoice 65.67
Park and Rec Refund 44.00 74307 44.00
Lynch, Molly B
9.15
Payroll Generated Invoice 24.32
7.'05/6.30.08 Peace Ofcr Lic 90.00 74457 90.00
MBPTA
24.92
Payroll Generated Invoice 185.02
7.26.05 P Schaffer meeting 15.00 74424 15.00
MES Inc
12.16
Payroll Generated Invoice 12.16
1 Mount apollo fl dual mt 41.54 74425 155.20
Boot warhorse 103.95
Payroll Generated Invoice 18.82
Div 2 smokecutterbulb 9.71
Payroll Generated Invoice 12.16
MN AFSCME Council #5
Payroll Generated Invoice 33.64 74308 $351.80
Payroll Generated Invoice 16.82
Payroll Generated Invoice 12.76
Payroll Generated Invoice 12.76
Payroll Generated Invoice 9.15
Payroll Generated Invoice 51.04
Payroll Generated Invoice 38.28
Payroll Generated Invoice 9.15
Payroll Generated Invoice 168.20
MN AFSCME Council #5
Payroll Generated Invoice 30.42 74427 $2,023.93
Payroll Generated Invoice 15.21
Payroll Generated Invoice 36.48
Payroll Generated Invoice 12.16
Payroll Generated Invoice 12.I6
Payroll Generated Invoice 12.I6
Payroll Generated Invoice 76.05
Payroll Generated Invoice 76.05
Payroll Generated Invoice 252.30
Payroll Generated Invoice 12.76
Payroll Generated Invoice 65.67
Payroll Generated Invoice 12.16
Payroll Generated Invoice 106.47
Payroll Generated Invoice 9.15
Payroll Generated Invoice 24.32
Payroll Generated Invoice 91.26
Payroll Generated Invoice 15.21
Payroll Generated Invoice 24.92
Payroll Generated Invoice 185.02
Payroll Generated Invoice 12.16
Payroll Generated Invoice 60.84
Payroll Generated Invoice 12.16
Payroll Generated Invoice 12.16
Payroll Generated Invoice 45.63
Payroll Generated Invoice 24.32
Payroll Generated Invoice 30.42
Payroll Generated Invoice 18.82
Payroll Generated Invoice 41.64
Payroll Generated Invoice 12.16
Payroll Generated Invoice 233.87
Payroll Generated Invoice 12.16
Payroll Generated Invoice 33.64
Payroll Generated Invoice 30.42
Payroll Generated Invoice 16.82
Payroll Generated Invoice 11.44
Payroll Generated Invoice 30.42
Payroll Generated Invoice 16.82
Payroll Generated Invoice 24.32
Payroll Generated Invoice 91.26
Payroll Generated Invoice 45.63
Payroll Generated Invoice 121.68
Payroll Generated Invoice 15.21
MN Assoc Community Telecomm
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Check Register Page 8 of 14
6.28.05 Hohenstein Wireless $35.00 74428 $35.00
MN Child Support Payment Ctr
Payroll Generated Invoice $84.76 74309 $84.76
MN Child Support Payment Ctr
Payroll Generated Invoice 455.00 74429 1,555.59
Payroll Generated Invoice 198.43
Payroll Generated Invoice 902.16
MN Conservation Corp
Water quality landscape grant 500.00 74430 500.00
MN Crime Prevention Assoc
05 Gottwald Membership 55.00 74431 280.00
3 confregistr/10.17/10.18 225.00
MN Dept of Natural Resources
L# 144.065.6218 Prcj4144 966.00 74432 966.00
MN Dept of Transportation
Proj4134 5.3/5.17 Trfc signal 2,505.37 74352 2,505.37
MN Environmental Fund
Payroll Generated Invoice 5.93 74433 39.93
Payroll Generated Invoice 2.00
Payroll Generated Invoice 12.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 7.00
MN Park Supervisors Assn
7.21.05 Heitke,Luebeck meetng 60.00 74437 60.00
MN Pollution Control Agency
Proj5101 Permit fee 400.00 74434 400.00
MN Recreation & Park/CK ADDR
05 7 Softball berths 980.00 74435 980.00
MN State Treasurer
Jun05 Bldg Permit Surcharge 7,305.10 74436 7,305.10
MTI Distributing Inc
Unit 530 Toro 580D 88,179.87 74438 88,246.45
9 -Pin -lynch 66.58
Madison National Life
Ju105 LTD/Term Life Ins 8,631.77 74439 8,631.77
Maple Grove Cycle
3 Bike tubes/Patrol 22.94 74440 22.94
Maryland Screen Printers
28 USA Tennis is 115.95 74442 115.95
McKown, Scott
6.30/7.3.05 Michaels Crafts p1 450.00 74498 450.00
Menards / 6800 Wayzata Blvd
3 2dr wall cabinets 173.97 74444 462.54
Brush on bed liner 74.52
Var small tools for PS 214.05
Merry Bobby Music Inc
7.19.05 Concert performance 525.00 74311 525.00
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Metro Fire
3 5gl Foam concentrate 151.20 74445 151.20
Cr inv 21071 189.33)
See cr inv 21290/Orion Veh chr 189.33
Metro Garage Door Co.
FS2 door repairs 131.40 74446 131.40
Metro Transit/Metrolink
May05 Metro Transit 87,436.87 74447 87,436.87
Metrocall
6.22/7.21.05 RAD pager rental 79.65 74448 356.37
Ju105 3 SW pager rentals 33.04
Jun05 35 PD pager rentals 243.68
Metropolitan Airports Comm
30 bs Corn Cobs 121.20 74449 121.20
Metropolitan Council/SAC
Jun05 Sery Avail charge 64,597.50 74450 64,597.50
Michaud, Regina
Plygrnd supplies/preschool sup 42.77 74317 42.77
Mid America Business Systems
CD Microfiche repairs $214.47 74451 $214.47
Midwest Asphalt Co.
6.29/6.30 18.36tn 41AWE,curb m $871.47 74452 $871.47
Midwest Coca-Cola
Pavilion concession pop resply $144.00 74453 $479.30
Pavilion concession pop rsply $335.30
Midwest Playscapes
Prcj5117 Queensland play equip $73,000.00 74454 $73,609.39
Pipe wall barrier,clamps $609.39
Miller Hanson Partners
Proj5108 May05 Westwood $6,087.38 74455 $6,087.38
Minnesota Glove Inc
2 Lg,l XL safety mesh gloves $197.10 74456 $197.10
Morris, Paul
7.12.05 Concert performance $600.00 74315 $600.00
NASRO
Grande/"Basic Schl Resource Of $425.00 74458 $425.00
National Waterworks Inc
210 3/4x4-1/2 MJ bolt & nut SS $1,028.45 74460 $1,028.45
Northern Sanitary Supply
1C 3cs handsoap,3 autoflush, $643.26 74462 $920.21
lcs TP,4bx gloves,4cs 45x47 li $276.95
Northwest Asphalt Inc
Proj5114 # 1 '05 temp overlay $316,321.50 74313 $316,321.50
Northwest Metro Mpls SAFE Kids
70 Standard bike helmets $595.00 74314 $595.00
OPR Limited Partnership
Ju105 HAP $351.00 74463 $351.00
OSI Environmental, Inc.
Dispose dr filters,dr floor dr $235.00 74464 $235.00
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Oak Park Housing Authority
Jun-Ju105 HAP $1;403.38 74465 $1,403.38
Office Depot
168.04 74477 386.08
Foam board,30x4O board,cap kni 61.94 74466 171.34
Binders/clips/mrkr/highltrs/no 46.18
Binder 11.91
74312 679.00
Folder 51.31
Ohio Dept of Public Safety
343.00 74478 343.00
20 Dosimeters calibrate 85.59 74467 167.08
19 Dosemeter calibrate 81.49
74480 1,094.20
Open Your Heart
702.92
Payroll Generated Invoice 1.00 74468 12.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
74410 8.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 1.00
Orbit Courier
6.27.05 Fr MTI 10.27 74469 10.27
Otis Elevator Co.
Jul-Sep05 CC Elev Sery 538.35 74470 538.35
Pace Analytical Services Inc
Tests for drinking water 106.00 74471 106.00
Palesch, Lori
Park and Rec Refund 10.00 74472 10.00
Party America
Prog 035 ppr plates 29.81 74461 29.81
Pehler, Karl
OfficeMax/100 pck CD -Rs 14.79 74407 14.79
Petty Cash
7.19.05 Cash box Summer Camiv 300.00 74474 300.00
Planet Spirit Inc
7.11/7.14Cheer&Dance camp 2,695.00 74475 2,695.00
Plant & Flanged Equipment Co
8" flange,8" gskt, $259.86 74476 $259.86
Plymouth Automotive Inc.
94 Bonneville tow 168.04 74477 386.08
98 Dodge Stratus tow 218.04
Plymouth Magazine
PC 1/4 page advertisement 679.00 74312 679.00
Plymouth Ponds Apartments
Ju105 HAP 343.00 74478 343.00
Prairie Restoration
6.17.05 Parkview Swales spray 166.03 74480 1,094.20
6.22.05 PC spot sprayed 702.92
6.17.05 Lake Camelot mow 225.25
Pregler, Kevin
St of MN/alias driver lic 8.00 74410 8.00
Printers Service Inc
3-77" ice knife sharp $51.00 74481 $85.00
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Check Register
2-77" ice knife sharp 34.00
Page ll of 14
Prior Lake Water Ski Assoc
7.13 Water Ski show 725.00 74316 $725.00
Qwest
89.35
Ju105 PD to Sheriff 93.99 74482 $529.91
559.2740 final prog027 194.20
Ju105 WTP's connect 139.78
Ju105 Olson/Investigations 101.94
R & R Specialties/ Somerset WI
Brush, hose $143.56 74483 $143.56
RDO / Burnsville
Bushing/Seal/pin fasten $458.05 74479 $506.30
Connector $48.25
Radio Shack
St -120 tape $31.85 74484 $31.85
Ramsey Correctional Facility
Various native plants $2,872.31 74485 $2,872.31
Rejsek, Jennifer
Target/rid bed -lice spray $10.31 74404 $10.31
Reshetar Systems
Proj3129 #3/final IC expansion $3,887.50 74318 $3,887.50
Riewe, Gretchen
Park and Rec Refund $300.00 74488 $300.00
River City Jazz Orchestra
7.21.05 Concert performance $400.00 74319 $400.00
Robert Bealke Industires
7.13.05 Bal owe concert perfor $100.00 74320 $100.00
Rod, Sheila
Park and Rec Refund $40.00 74491 $40.00
Root -O -Matic
1.5hr roof drain video inspect $187.50 74492 $187.50
SBC Paging
Ju105 2 PM pager rental $14.38 74493 $14.38
SRF Consulting Group, Inc.
Proj5118 5.31.05 $2,236.68 74321 $2,236.68
SRF Consulting Group, Inc.
May05 Gnrl Taryn Hills EAW trf $75.00 74494 $75.00
Scharber & Sons/Long Lake
2 Sthil saw 89.35 74495 262.37
2 Trimmer In,6 shldr strap 173.02
Schubert, Jo
5.17.05 EQ Fair Envir entrtmmn 100.00 74301 100.00
Science Museum of Minnesota
7.15.05 Day camp trip 112.50 74496 112.50
Seasonal Concepts
Decorative suns Mill garden 202.32 74500 202.32
Senior Community Services
05 2nd 1/2 Staff/rockers allo 32,983.50 74501 32,983.50
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Senness, Barbara
4-21/6-29 Mileage reimb 63.59 74295 63.59
Short -Elliott -Hendrickson
Proj3126 May05 5,464.63 74502 52,127.69
Proj2032 May05 46,663.06
Silent Knight Security Group
6.1.05 CC Zone 4 repairs 130.00 74503 130.00
Skyhawks Sports Academy
6.13/6.17 MiniHawk camp 3,363.52 74504 3,363.52
Slagle, Anne
Park and Rec Refund 53.00 74505 53.00
Slovut, Deborah
Park and Rec Refund 50.00 74506 50.00
Sprinkler Systems Inc
500 Evergreen sprnldr head rpl 103.62 74507 103.62
Streicher's Prof.Police Equip.
Belt 1.75 wide 19.95 74509 557.35
K Crandall Sewing patch 3.00
12.21.04 B Rausch trousers 69.95
10. 14.04 Kaczmarczyk trousers 74.95
10.8.04 Kaczmarczyk name tag 6.95
R Kline/3 shirt,jacket 225.80
7.21.04 C Peterson shirt,belt, 66.85
10.25.04 Hendrickson shirt,pan 89.90
Stutsman Co Housing Authority
May-Jun05 Overpymnt 12.00 74510 12.00
Subramaniam, Ganesh
Park and Rec Refund 53.57 74322 53.57
Suburban Tire Wholesale Inc
9 misc med truck casings 225.00) 74511 1,493.25
2 11r22.5 LRH 493.33
2 23x8.50-12NHS 97.58
2 12x165e Powermasterj p235/7 351.74
4 p235.75r16 wrangler 222.67
1 p225.75rl6 wrangler 59.60
2 11r22.5 LRH 493.33
Sun Newspapers/Notices
Vacation drnge & utility ease 35.75 74323 339.64
File 2005057 96.53
File 2005059 53.63
File 2005061 60.78
File 2005037 92.95
Sun Newspapers/Notices
Liquor license Woodys 35.75 74513 371.80
Ord 2005-13 100.10
Ord 2005-10 71.50
Ord 2005-11 50.05
Ord 2005-12 78.65
Liquor license Thai 35.75
Sunram Construction Inc
Proj4136 #1 Flood improv 17,441.05 74514 17,441.05
Superior Ford, Inc.
Cover 46.74 74324 46.74
Superior Ford, Inc.
Unit 139'05 Crown Vic 20,732.00 74515 91,985.00
Unit 140'05 Crown Vic 20,732.00
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Check Register Page 13 of 14
Unit 143'05 Crown Vic $20,732.00
05-24 Unit 132 repairs $9,057.00
Unit 142'05 Crown Vic $20,732.00
Superior Products Mfg. Co.
Proj3129 12 stack chairs $447.30 74516 $447.30
Swajewski, Glen
Upland/transitional zone plant $4,867.13 74380 $4,867.13
TAB Products Co
6.00 74527 $96.00
Payroll Generated Invoice 13.00
Eng pond maint file labels 132.07 74517 132.07
Tail Wind Voice & Data
4.00
Payroll Generated Invoice 6.00
Proj3134 rmv/dispose old Cat5, 800.00 74518 800.00
Toll Company
5.00
Payroll Generated Invoice 3.00
Utility helmet/crimped wire/we 261.81 74520 261.81
Tombers, William
13.00
Payroll Generated Invoice 1.00
9905 45th ave Permit refund 388.40 74538 388.40
Topp, Robert
5.00
6.26/6.28 fuel,lunch canine tr 72.50 74489 72.50
Town & Country Fence Inc.
Proj9005 Rmv/haul PVC fence 5,608.00 74521 5,608.00
Tri -K Services, Inc.
Jun05 27yds topsoil 244,42 74522 244.42
Tri-State Pump & Control, Inc.
6.17 Kingswood LS pump rpr 2,838.81 74523 2,838.81
Trugreen Chemlawn
05 #2 Zachary fertilize 1,837.13 74325 1,837.13
US Identification Manual
Thru 9/05 ID manuals 165.00 74524 165.00
Underground Piercing Inc
PS to Hilde conduit 3,580.00 74525 3,580.00
Uniforms Unlimited Inc.
20 PD rain jackets 3,292.00 74526 3,333.95
A Johnson/pants Reserve 41.95
United Way of Mpls
Payroll Generated Invoice 6.00 74527 $96.00
Payroll Generated Invoice 13.00
Payroll Generated Invoice 10.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 4.00
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 2.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 5.00
University of MN
Tianhong/Principles of Supervi $975.00 74528 $975.00
Vacker Inc
Park rplcmnt signs/Kilmer $4,568.85 74529 $4,568.85
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Valley Rich Co Inc
865 Xenium/6.9/6.17 wtr main b $4.503.10 74530 $4,503.10
Viking Trophies
12x12 "Peaceful Place" plaque $289.66 74531 $289.66
WAVS Inc
IC repair sound syst 3rinks 1.317.41 74532 1,317.41
Waste Management Services
1,599.95
505) 20yd roll off 287.82 74326 287.82
Waste Management Services
3,206.09
Jul05 PC Rubbish Removal 320.15 74533 320.15
Watershed Partners
MN Water -Lets Keep it Clean 3,000.00 74534 3,000.00
Watson Company
IC Concession food resupply 76.50 74535 296.42
Pavilion concession food rsply 219.92
West Point Products Inc
575.10 74544 1,278.00
HP Ij 4000 mier 123.54 74536 123.54
Widmer Construction LLC
15044 Gleason Lk Rd,rplc 800.00 74537 800.00
Willow Creek Apartments LLC
Ju105 HAP 778.00 74342 778.00
Wolf Camera
Fire/1 hr processing 9.85 74539 9.85
Woody's Hardware
Jun05 Hardware Supplies 4.30 74541 65.79
Jun05 Hardware Supplies 14.95
Jun05 Hardware Supplies 14.28
Jun05 Hardware supplies 4.55
Jun05 Hardware supplies 3.35
Jun05 Hardware supplies 20.53
Jun05 Hardware Supplies 3.83
Wright -Henn Elec. Co.
6-15-05 Street Lighting $7,775.91 74327 $7,775.91
Xcel Energy
1605 Troy/5.19/6.20 Mooney pum 7.43 74542 61,949.11
4.8/5.9.05 Zachary 1,599.95
Jun05 City Buildings 54,758.69
4.17/6.19.05 Elm Crk,Park Ight 3,206.09
5.9/6.8.05 Zachary 2,376.95
Young, Brian
6.11/6.16 per diem/San Francis 137.00 74296 137.00
Zee Medical Service
Forestry/full 1st Respondr kit 191.65 74543 191.65
eQuality Pathways to Potential
Jun05 IC Janitorial 575.10 74544 1,278.00
Jun05 PC Janitorial 702.90
TOTAL AMOUNT: $1,622,702.26
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CITY OF PLYMOUTH
RESOLUTION NO: 2005 -
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING JULY 15, 2005
WHEREAS, a list of disbursements for the period ending July 15, 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 283,878.57
Construction & Debt Service 599,011.09
Enterprise & Internal Service 732,672.37
Housing & Redevelopment Authority 7,140.23
GRAND TOTAL FOR ALL FUNDS 1.622,702.26
Adopted by the City Council on July 26, 2005.
Agenda Number: & U
DATE: July 19, 2005 for the City Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager
FROM: Pat J. Qvale, Public Services Manager
SUBJECT: Amend Resolution No. 2005-221 PI o th M rolink Station 73 Bid Date
ACTION REQUESTED: Adopt the attached resolution amending the bid date for Plymouth
Metrolink Station 73 from 10:00 a.m. July 28, 2005 at Plymouth City Hall to 2:00 p.m. August 4,
2005 at the Plymouth Creek Center. The award date remains August 9, 2005 as previously
planned.
BACKGROUND: The City council adopted resolution 2005-221 on ,lune 14, 2005 with a bid
opening date of July 28, 2005. Two potential bidders have contacted the City's consultant
indicating three regional projects bids are also due that date and they would be unable to bid on
our project unless the date was extended. The projects are the North Regional Library on.
Lowry, the East Lake Library and a 30,000 square foot facility at Anoka Ramsey College. The
date change is recommended to include additional bidders. The location and time change is
being recommended to limit public meetings on site due to the public safety expansion project
and limited access to City Hall.
BUDGET IMPACT: This will create no impact to the project, the Council award date remains
August 9, 2005, which is the agreed upon award date with our funding partners, the State of
Minnesota and the Metropolitan Council.
RECOMMENDATIONS AND CONCLUSIONS: Adopt the attached resolution amending
resolution 2005-221 to change the bid date for Plymouth Metrolink Station 73 from July 28,
2005 at 10:00 a.m. to August 4, 2005 at 2:00 p.m.
attachment: Resolution
O:\EngineeringTROJECTS\2000 - 2009\3125\Resol\CC_Station73BidDateAmend_07_19_05.doe
CITY OF PLYMOUTH
RESOLUTION NO. 2005
AMENDING RESOLUTION NO. 2005-221
APPROVING PLANS AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS
PLYMOUTH METROLINK STATION 73 TRANSIT FACILITY
CITY PROJECT NO. 3125
WHEREAS, plans and specifications have been prepared by the City's consultant, LSA
Design, Inc. for the Plymouth Metrolink Transit Facility for the City of Plymouth located
at the southeast quadrant of Trunk Highway 55 and County Road 73:
WHEREAS, said plans and specifications have been approved by the City Council on.
June 14, 2005;
WHEREAS, the City's consultant, LSA Design, Inc. for the Plymouth Metrolink Transit
facility for the city of Plymouth has received two request to extend the bid date by one
week;
WHEREAS, the City of Plymouth public safety expansion projects has limited access to
City Hall;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. That bids will be received by the City Clerk until 2:00 p.m. on August 4, 2005
at which time they will be publicly opened at the Plymouth Creek Center at
14800 34th
Avenue North, Plymouth, Minnesota, by the Public Services
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 July 26, 2005.
Agenda Number: 6, 0 Ll
TO: Laurie Ahrens, City Manager
FROM: Mark Jones, Property Manager Coordinator, through Dale Hahn, Finance
Director
SUBJECT: Approval of Final Payment for Shooting Range at Fire Station III
DATE: July 15, 2005 for Council Meeting July 26, 2005
1. ACTION REQUESTED: Adopt the attached Resolution approving theFinal Payment for
the Shooting Range at Fire Station III.
2. BACKGROUND: All work on this project has been completed according to project
specifications, and final payment in the amount of $153,301 is recommended.
3. BUDGET IMPACT: The Community Improvement Project budget funded $132,000 of the
project cost, and the balance of $21,301 was funded from the Facilities Management Budget.
5. RECOMMENDATION: Adopt attached Resolution approving Final Payment to Caswell
for to Shooting Range at Fire Station III.
MEGGI7T
DEFENSE SYSTEMS
ASWELL
540 2nd Street NE
4inneapolis, MN 55418-3412
CUSTOMER NO: PL900
CUSTOMER PH: 763-550-5000
BILL TO
PLYMOUTH POLLICE DEPARTMENT
ATTN: TIM OLE
3400 PLYMOUTH BLVD
PLYMOUTH MN
55447
TERMS: CASH #1: DISC:
CASH #2: DISC:
NET DUE DATE: 062505
YOUR CUSTOMER REP IS: BLD
PAGE NO: 1 of 1
INVOICE NO: 059923
INVOICE DATE: 05/26/2005
I N V O I C E
YOUR ORDER NO:LETTER
OUR ORDER NO:24786-0002
SHIP TO:
PLYMOUTH FIRE STATION
POLICE FIRING RANGE
3300 DUNKIRK LANE
PLYMOUTH MN
55447
SHIPPED: 05/24/2005
SHIPPED VIA:
F.O.B.: DESTINATION
SHIPMENT NO: 033491 REF:
PRO NO:
QTY QTY QTY ITEM UNIT PRICE EXTD PRICE
ORDERED SHIPPED B.O. NUMBER
1 1 0 SUBCONTRACT 8,572.100 8,572.00
SERVICES CONTRACTED TO VENDOR
INSTALLATION/TECHNICAL SUPPORT, IN THE AMOUNT
OF $58,662.00, WILL BE INVOICED AT A LATER DATE.**
SEE ALSO EARLIER INVOICE #059860**
PLEASE REMIT TO: P.O. BOX 90462
CHICAGO, IL 60696-0462
MasterCard.
0
tel 612 379 2000 • fax 612 379 2367
www nids-caswell. coni
SALES TOTAL: 8,572.00
SALES TAX: 0.00
FREIGHT: 0.00
LESS: 0.00
OTHER CHARGES: 0.00
INVOICE TOTAL: 8,572.00
ZZMEGGITT
DEFENSE SYSTEMS
DASWELL
540 2nd Street NE
Qinneapolis, MN 55418-3412
CUSTOMER NO: PL900
CUSTOMER PH: 763-550-5000
BILL TO
PLYMOUTH POLLICE DEPARTMENT
ATTN: TIM OLE
3400 PLYMOUTH BLVD
PLYMOUTH MN
55447
PAGE NO: 1 of 1
INVOICE NO: 059860
INVOICE DATE: 05/23/2005
I N V O I C E
YOUR ORDER NO:LETTER
OUR ORDER NO:24786-0000
SHIP TO:
PLYMOUTH FIRE STATION
POLICE FIRING RANGE
3300 DUNKIRK LANE
PLYMOUTH MN
55447
TERMS: CASH #1: DISC: SHIPPED: 05/20/2005
CASH #2: DISC: SHIPPED VIA:
NET DUE DATE: 062205 F.O.B.: DESTINATION
SHIPMENT NO: 033454 REF:
YOUR CUSTOMER REP IS: BLD PRO NO:
QTY QTY QTY ITEM UNIT PRICE EXTD PRICE
ORDERED SHIPPED B.O. NUMBER
1 1 0 RANGE 80,814.08 80,814.08
SHOOTING RANGE EQUIPMENT
ADDITIONAL BILLINGS TOTALLING $67,234.00 WILL FOLLOW**
PLEASE REMIT TO: P.O. BOX 90462
CHICAGO, IL 60696-0462
SALES TOTAL: 80,814.08
SALES TAX: 5,252.92
FREIGHT: 0.00
VIcA
LESS: 0.00
Xi OTHER CHARGES: 0.00
0
INVOICE TOTAL: 86,067.00
tel 612 379 2000 • fax 612 379 2367
www mds-caswell. coni
r M EGG ITT
DEFENSE SYSTEMS
DASWELL
540 2nd Street NE
linneapolis, MN 55418-3412
CUSTOMER NO: PL900
CUSTOMER PH: 763-550-5000
BILL TO:
PAGE NO: 1 of 1
INVOICE NO: 059960
INVOICE DATE: 05/27/2005
I N V O I C E
YOUR ORDER NO:LETTER
OUR ORDER NO:24786-0003
SHIP TO:
PLYMOUTH POLLICE DEPARTMENT PLYMOUTH FIRE STATION
ATTN: TIM OLE POLICE FIRING RANGE
3400 PLYMOUTH BLVD 3300 DUNKIRK LANE
PLYMOUTH MN PLYMOUTH MN
55447 55447
TERMS: CASH #1: DISC: SHIPPED: 05/26/2005
CASH #2: DISC: SHIPPED VIA:
NET DUE DATE: 062605 F.O.B.: DESTINATION
SHIPMENT NO: 033522 REF:
YOUR CUSTOMER REP IS: BLD PRO NO:
QTY QTY QTY ITEM UNIT PRICE EXTD PRICE
ORDERED SHIPPED B.O. NUMBER
1 1 0 INSTALL 58,662.00 58,662.00
INSTALLATION - SHOOTING RANGE
SEE ALSO EARLIER INVOICES #059860 & 059923**
PLEASE REMIT TO: P.O. BOX 90462
CHICAGO, IL 60696-0462
VISA
0
tel 612 379 2000 • fax 612 379 2367
www nids-caswell. coin
SALES TOTAL: 58,662.00
SALES TAX: 0.00
FREIGHT: 0.00
LESS: 0.00
OTHER CHARGES: 0.00
INVOICE TOTAL: 58,662.00
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
APPROVING REQUEST FOR FINAL PAYMENT
FOR SHOOTING RANGE AT FIRE STATION III
WHEREAS, the City Council authorized on the shooting range project January 25, 2005 the
above project for total project cost of $153,301; and
WHEREAS, the project has been completed for a total cost of $153,301 and final payment from
Caswell, the contractor, is recommended
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the final payment to Caswell in the amount of
153,301 is hereby approved.
Adopted by City Council on July 26, 2005.
Agenda Number: 6,10
TO: Laurie Ahrens, City Manager
FROM: Marie Darling, Planner (763-509-5457) through Anne' Hurlburt,
Community Development Director
SUBJECT: Orrin Thompson Homes. Final Plat and Development Contract for
Timber Creek Crossing, Third Addition" Located at 51St Avenue and
Dunkirk Lane. (2005063)
REVIEW DEADLINE: August 16, 2005
DATE: July 15, 2005 for the City Council Meeting of July 26, 2005
1. PROPOSED MOTION:
Move to adopt the attached resolution approving the final plat and development contract for
Timber Creek Crossing, Third Addition".
The applicant has executed and returned the development contract that staff prepared.
Approval of a final plat and development contract requires a 4/7 vote of the City Council.
2. BACKGROUND:
The City Council approved a rezonirtg, preliminary plat, site plan, and variances to construct 201
townhouse units on this 36.46 acre property on April 9, 2002, a final plat for the first 90 units on
September 23, 2003, and a final plat for 46 units on October 12, 2004. This application is for the
remaining 64 lots for townhouse dwellings and one common open -space lots.
Staff note that the final count for the development is 200 units. The applicant originally
proposed two slightly different housing styles for the row townhouse units, one with a slab -on -
grade basement and one with a walkout basement. Due to a greater demand for the units with
walkout basements, the applicant has proposed to substitute 18 additional units with walkout
basements for 19 of the slab -on -grade units. Because the units with walkout basements are
wider, the applicant removed one unit from the development in order to maintain the required
setbacks.
File 2005063
Page 2
The Development Review Committee has found this final plat application to be in substantial
conformance with the approved preliminary plat, and the provisions of City Council Resolution
83-125 regarding the review of final plats.
3. RECOMMENDATION:
Community Development Department staff recommends adoption of the resolution approving
the final plat and development contract for Timber Creek Crossing, Third Addition.
ATTACHMENTS:
1. Development Contract
2. Applicant's Narrative
3. Location Map
4. Final Plat Drawing
5. Approved Preliminary Plat
6. Resolution Approving Final Plat and Development Contract
reservedfor recording information)
DEVELOPMENT CONTRACT
Developer Installed Improvements)
TIMBER CREEK CROSSING THIRD ADDITION (2005063)
AGREEMENT dated , 2 , by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City"), and U.S. Home Corporation (the
Developer").
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for
Timber Creek Crossing Third Addition (referred to in this Contract as the "plat"). The land is
situated in the County of Hennepin, State of Minnesota, and is legally described as:
Outlot A, Timber Creek Crossing Second Addition
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves 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 - Street Lighting Plan
Plan F - Landscape Plan
Plan G - Permanent Traffic Control Plan
6. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Streets
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.
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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. ADMINISTRATION OF DEVELOPMENT CONTRACT. The Developer shall pay to the City
of Plymouth the costs of administering the Development Contract. Administrative costs include but
are not limited to monitoring of construction observation, consultation with Developer and his/her
engineer on status or problems regarding the project, plan review, coordination for testing, final
inspection and acceptance, project monitoring during the warranty period, and processing of requests
for reduction in security, for all public improvements covered by the development contract. The fee
schedule for administrative costs are $11,502.40.
8. 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.
9. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all
necessary permits, including but not limited to:
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
Elm Creek Watershed Management Commission
City of Plymouth's Right -of -Way Permit
10. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
October 31, 2007, with the exception of the final wear course of asphalt on streets. The Developer
shall have the option of installing the wearing course of streets within one (1) year following initial
commencement of work on the required basic improvements or installing it after the first course has
weathered a winter season, consistent with warranty requirements. The Developer may, however,
request an extension of time from the City. If an extension is granted, it shall be conditioned upon
updating the security posted by the Developer to reflect cost increases and the extended completion
date. Final wear course placement outside of this time frame must have the written approval of the
City Engineer.
11. 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.
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12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility
construction, and street construction is restricted to access the subdivision via 51' Avenue. No
construction traffic is permitted on other adjacent local streets.
13. 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, swales, and ditches
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 dimensions of borrow areas/stockpiles; c) lot corner elevations and house pads; d) top
and bottom of retaining walls.
All lots with house footings placed on fill have been monitored and constructed to meet or exceed
FHA/HUD 79G specifications.
14. 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.
15. STREET MAINTENANCE DURING CONSTRUCTION. The Developer shall be responsible
for all street maintenance until the streets are accepted by the City. Warning signs shall be placed
when hazards develop in streets to prevent the public from traveling on same and to direct attention
to detours. If and when streets become impassable, such streets shall be barricaded and closed. In
the event residences are occupied prior to completing streets, 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 may request, in writing, that the City keep the streets open
during the winter months by plowing snow from the streets prior to final acceptance of said streets.
The City shall not be responsible for repairing the streets because of snow plowing operations.
Providing snow plowing service does not constitute final acceptance of the streets by the City. The
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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.
16. 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.
17. PARK DEDICATION. The Developer shall pay a cash contribution of $217,600 in satisfaction of
the City's park dedication requirements. The charge was calculated in accordance with Section 528
of the City's Subdivision Regulations.
18. WATER AREA CHARGE This plat is subject to a water area charge and is calculated as follows:
8.54 acres x $3,275 per acre = $27,968.50.
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 6.25% 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.
19. SANITARY SEWER AREA CHARGE This plat is subject to a water area charge and is
calculated as follows: 8.54 acres x $880 per acre = $7,515.20.
The developer may elect to pay the sanitary sewer 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 6.25% 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.
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20. BUILDING PERMITS/CERTIFICATES OF OCCUPANCY.
A. Curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of any building permits, except one model home on a lot acceptable to the Building
Official. In addition, no building permits shall be issued until a contract has been awarded
for sewer and water and the 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, 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 streets needed for access have been paved with a
bituminous surface and the utilities are tested and approved by the City Engineer.
21. STREET REGULATORY SIGNS/TRAFFIC CONTROL SIGNS Street name signs shall be
installed by the Developer. The signs shall be placed at all intersections or at such other locations
as designated by the City Engineer. All street name signs must be installed prior to final building
inspection approval.
The Developer shall install traffic control signs in accordance with the plan approved by the City
Engineer and MMUTCD. All signs must be installed prior to final building inspection approval or
earlier if necessary as determined by the City Engineer.
22. STREET LIGHT INSTALLATION AND OPERATION COSTS. The developer shall pay to
the City the energy cost for the first two years of operation. Four (4) lights at a yearly cost of
840.41 per year and a two year cost of $1,680.82. The cost includes contingencies at $1.20 per lot
per year and sales tax. After the first two years the street lights will be billed on a bimonthly basis
to all the lots in the addition, a total of sixty four (64) lots, which results in an estimated cost of
2.19 per lot per billing period. The rate quoted above is dependent upon the operation costs for
Xcel Energy or Wright Hennepin Electric under contract franchise with the City of Plymouth.
23. 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
Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125
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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 incurred by it or the
City in conjunction with the development of the plat, including but not limited to legal,
planning, engineering and inspection expenses incurred in connection with approval and
acceptance of the plat, the preparation of this Contract, review of construction plans and
documents, and all costs and expenses incurred by the City in monitoring and inspecting
development of the plat.
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 force 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.
24. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. The Developer shall post a $4,500 security for the final placement of all subdivision iron
monuments. The security was calculated as follows: 45 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.
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C. Other Requirements:
1. Prior to recording the final plat, the applicant shall submit revised plans in conformance
with the Engineering Guidelines and as follows:
a. Demonstrate the required minimum 28 -foot pavement width between the
outside curb of the turn -around and a cul-de-sac island for all public streets.
b. Change the name of 51St Place North to 50th Place North.
c. Add additional landscaping on the north side of 51St Avenue north opposite
Lot 1 and behind units 59 through 64, as directed by the preliminary plat
application.
d. Demonstrate compliance with the required 25 feet of separation between the
structures on Lots 17 and 18, Lots 34 and 35, Lots 52 and 53, and Lots 47
and 48.
e. Identify the fire apparatus access road (fire lane) signage and locations in
approved locations, specifically on Private Street A.
f. Add and relocate hydrants to approved locations.
g. Identify the location of the connection of the secondary access lane from
Dunkirk Lane to 501h Place North and construction details in compliance with
City requirements.
h. Change references to private street on the plans to private drive.
i. Change the sanitary sewer note on Sheet 6 that refers to SDR 35 to a depth of
20 feet to 15 feet.
j. Change the fittings from Cor -Blue Bolts to Stainless Steel bolts type 304—T
under watermain notes.
k. Sanitary manhole castings for MH 3 and 4 shall be R-1642 not R-1733.
1. Note that the carrier pipe for the watermain will be filled with sand after the
watermain is installed.
in. Correct the elevation of the existing watermain stub shown on Sheet 8 to be
consistent with the City's records.
n. Identify watermain bends on Sheet 8 consistent with City requirements.
o. Lower the watermain on Sheet 8 to eliminate the high point south of the
private drive.
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p. Provide stationing and elevations consistent with City requirements in the
profile for Sheet 8.
q. Provide a detail of the watermain lowering at station 13+70 including bends,
lengths, ties, and blocking.
r. Show the pedestrian ramps on the plan sheets consistent with City
requirements.
s. Add to paragraph 1 under street and pavement notes "and. City of Plymouth
Engineering Guidelines". Remove "required" in paragraph 9 and add "shown
on signage plan".
t. Change the storm sewer notes to indicate the last 12 sections shall be tied
instead of the last three sections.
u. Provide a separate street light and signage plan per the Engineering
Guidelines.
v. Add note in storm sewer profiles for all R-4342 castings " with concrete
frame".
w. Change note on page 5 that lowest floor elevation adjacent to pond or
wetland shall be a minimum of 2 feet higher than the 100 year HWL.
x. Change note on page 5 that the lowest opening (door or window) shall be a
minimum of 1.5 feet above the emergency overflow elevation.
y. Show emergency overflow routes and elevations on grading plan consistent
with City requirements.
z. Show location and grades of the fire lane between Lots 58 and 59 consistent
with City requirements.
aa. Provide the location, elevations, and characteristics of the outlet from
Wetland Basin 1 consistent with City requirements.
bb. Relocate all trees shown over sewer, watermain, or sanitary sewer pipes to at
least ten feet away or in other approved locations.
2. Prior to recording the final plat, the developer shall pay the park dedication fees,
pursuant to the Development Contract, for the total number of units shown on the plans.
3. Prior to recording the final plat, the applicant shall sign a rain garden maintenance
agreement for all rain gardens shown on the plans. The agreement shall. be recorded
with the final plat.
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4. Prior to recording the final plat, the applicant shall submit the following easements:
a. A 10 foot (on each side) drainage and utility easement over all pipes. Revise
the plat as necessary to show the required easements on Lots 17-24, 34,35,
39, 40, 42-44, 52, 53, and 65.
b. A fire lane easement is required on Lots 58 and 59.
c. Standard drainage and utility easements as follows: 1) ten feet adjoining all
streets and 2) six feet in width adjoining side and rear lot lines.
d. Standard drainage and utility easements over ponds and wetlands as follows:
1) all of Wetland Basin 1, 2) all along the west side of the plat wide enough
to cover the drainage swale, and 3) over both rain gardens.
e. An easement on Lots 58, 59, and 65, Block 1 for the existing Dunkirk Lane
turnaround. The turnaround must be maintained until Dunkirk Lane is
extended, unless it is relocated north of the subdivision with appropriate
easements subject to the approval of the City Engineer.
5. Prior to recording the final plat, the applicant shall pay the following area charges:
27,968.50 for water and $7,515.20 for sewer:
6. Prior to issuance of any permits, the applicant shall provide copies of the required
permits from MPCA, Minnesota Department Of Health, Elm Creek Watershed, NPDES,
and City of Plymouth right-of-way permit.
7. Prior to the issuance of building permits, the watermain must be completed and
approved. The watermain shall be looped to and connected to the watermain on
Comstock Lane and Schmidt Lake Road.
8. Prior to the issuance of any building permits, signs shall be posted at the farthest finished
extent of 51St Avenue North notifying residents of the temporary nature of the cul-de-
sac.
9. Prior to the issuance of any certificate of occupancy, the required secondary access lane
from the existing Dunkirk Lane to 51 st Place North shall be constructed and approved
by the Fire Inspector.
10. The applicant shall provide notice to potential homebuyers to specifically disclose 1) the
temporary nature of the cul-de-sac on 51St Avenue North and Fountain Lane North 2) the
active nature of the railroad, and 3) the presence of the Gun Club.
11. Development standards shall be as required by the RMF -2 district.
12. The applicant shall be responsible for constructing the trail along 51St Avenue North for
the entire project.
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13. Minimum floor elevations shall be as follows: The lowest floor elevation shall be a
minimum of two feet higher than the 100 -year HWL adjacent to wetlands. Lowest
building opening (door or window) shall be a minimum of 18 inches above the overland
Emergency Overflow Route. Lots 1 and 2 shall be a minimum of 1002.8.
14. Standard Conditions:
a. All construction traffic shall enter the site from 51St Avenue North. No
access shall be permitted via the existing unpaved, Dunkirk Lane.
b. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to
the release or reduction of any site improvement financial guarantees per City
Policy.
c. The HOA shall be responsible for maintenance of sidewalks, boulevard
plantings, wetland buffers, mailboxes, monument signs and association
common areas within this development. The HOA documents shall include
language to address maintenance of these features.
d. No building permits shall be issued until the wetland buffer monuments have
been installed and inspected.
e. Approved street name signage is required at the intersection of Private Street
A from Dunkirk Lane.
f. Removal of all hazardous trees from the property at the owner's expense.
g. No building permits shall be issued until a contract has been awarded for
sewer and water.
h. No building permits shall be issued until the final plat, development contract
easements, vacation of the drainage and utility easements in Outlot A Timber
Creek Crossing 2°a Addition, maintenance agreements, and HOA documents
are filed and recorded with Hennepin County and proof of recording is
received by the City.
All buildings must be protected by a City -approved automatic fire sprinkler
system.
j. Street names shall comply with the City Street Naming System.
k. Compliance with Policy Resolution 79-80 regarding minimum floor
elevations for new structures on sites adjacent to, or containing any open
storm water drainage facility.
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25. MISCELLANEOUS.
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. Appropriate legal documents regarding Homeowner Association documents, covenants and
restrictions, as approved by the City Attorney, shall be filed with the Final Plat.
D. 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.
E. Third parties shall have no recourse against the City under this Contract.
F. 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.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions
of this Contract. To be binding, amendments 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.
H. 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; that there are no
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unrecorded interests in the property being final platted; and that the Developer will indemnify
and hold the City harmless for any breach of the foregoing covenants.
I. 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
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.
The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does
not comply, the City may, at its option, refuse to allow construction or development work in
the plat until the Developer does comply. Upon the City's demand, the Developer shall cease
work until there is compliance.
26. 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.
27. 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.
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28. 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 $737,072. The amount of the security was calculated as follows:
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1) Public Improvement Project Number
City Project. City to own and maintain after development complete. The required financial guarantee is
either a Cash Deposit of 25% X $0 = $0 or
a Letter of Credit in the amount of 60% X $0 = $0 to
guarantee the assessments for two years.
2) Developer 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.
Site grading and drainage improvements included with phase 1, (2001114)
Separate Letters of Credit Required for the following:
Letter of Credit Cash
Erosion Control @ $1,500/acre of which $1,000 is Cash and
the remainder is a letter of credit in the amount of $11,800 $1,000
Wetland Mitigation And Buffers ( Will be retained for 5 years)
Tree Preservation and Reforestation Letter of Credit
15-
ESTIMATED COSTS
City Project
ITEM Public (1) Public (2) Private (3) Total
Street Construction 0 150,000 22,000 172,000
Sanitary Sewer System 0 80,000 0 80,000
Watermain System 0 160,000 0 160,000
Site Grading & Drainage Imp.* 0 0 0 0
Storm Sewer System 0 115,000 0 115,000
Boulevard and Drainage Swale Sod 0 4,500 700 5,200
Rain Gardens 0 0 6,200 6,200
Street and Traffic Control Signs 0 1,000 0 1,000
Street Lighting 0 3,000 1,000 4,000
Landscaping 0 0 80,000 80,000
Buffer Posts 0 0 1,200 1,200
Sidewalk Improvements 0 0 29,000 29,000
Setting Iron Monuments 0 4,500 4,500
SUB -TOTAL: 513,500 144,600 658,100
Design, Admin., Insp., As-Builts (12%) 61,620 17,352 78,972
Total: 575,120 161,952 737,072
Total Project Cost 0
1) Public Improvement Project Number
City Project. City to own and maintain after development complete. The required financial guarantee is
either a Cash Deposit of 25% X $0 = $0 or
a Letter of Credit in the amount of 60% X $0 = $0 to
guarantee the assessments for two years.
2) Developer 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.
Site grading and drainage improvements included with phase 1, (2001114)
Separate Letters of Credit Required for the following:
Letter of Credit Cash
Erosion Control @ $1,500/acre of which $1,000 is Cash and
the remainder is a letter of credit in the amount of $11,800 $1,000
Wetland Mitigation And Buffers ( Will be retained for 5 years)
Tree Preservation and Reforestation Letter of Credit
15-
29
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.
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:
Park Dedication $ 217,600.00
Street Light Operating Fee 1,680.82
Administration of Development Contract 11,502.40
Water Area Charge 27,968.50
Sewer Area Charge 7,515.20
TOTAL CASH REQUIREMENTS LEVIED: $ 266,266.92
30. 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:
Ray Baird
ORRIN THOMPSON HOMES
935 Wayzata Boulevard
Wayzata, MN 55391
31. 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.
16—
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ZUOot 3
Schoell & Madson, Inc.
Engineering • Surveying • Planning
TIMBER CREEK CROSSING 3RD ADDITION
PROJECT NARRITIVE
Timber Creek Crossing 3rd Addition is the third phase of the Timber Creek Crossing
development. This phase consists of 64 multi -family townhouse units, and 1 common
area lot.
The overall development was planned and preliminary platted in its entirety. The first
addition was final platted in 2002. This addition consists of constructing 2 cul-de-sacs,
51St Place N and Dunkirk Lane N., and one private drive. Public utilities will be extended
from the second addition to service this portion of the development. The entire site was
graded as part of the first addition. Some minor site grading work will be performed with
this phase. The storm water design, including storm water basins, was completed and
installed as part of the previous additions to serve this phase of the project.
It is anticipated that utility work will be started this fall and that all of the work will be
completed next summer. It is the developer's desire to at a minimum, complete the
construction of Dunkirk Lane N. this fall so that units along Dunkirk Lane can be
constructed this winter.
544 Third Street Northwest, Suite 100 • Elk River, MN 55330
Office (763) 241-0108 • Fax (763) 241-0108
www.schoellmadson.com
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Location Map - 2005063
Land Use Guide Plan
Orrin Thompson Homes ®
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Timber Creek Crossing 3rd Addition
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CITY OF PLYMOUTH
RESOLUTION 2005 -
APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR ORRIN
THOMPSON HOMES FOR "TIMBER CREEK CROSSING, THIRD ADDITION" LOCATED
AT 51sT AVENUE NORTH AND DUNKIRK LANE (2005063F)
WHEREAS, Orrin Thompson Homes has requested approval of a final plat and development
contract for Phase 3 of "Timber Creek Crossing, Third Addition", a plat with 64 unit lots for
row -townhouse dwellings and one common open -space lot on 9.77 acres located at 51" Avenue
North and Dunkirk Lane North; and
WHEREAS, the property is legally described as follows:
Outlots A, Timber Creek Crossing Second Addition, Hennepin County, Minnesota
WHEREAS, the City staff has prepared a development contract covering the 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 a final plat for Orrin
Thompson Homes for Timber Creek Crossing, Third Addition, and,
FURTHER, that the development contract for said plat be approved, and that the Mayor and City
Manager be authorized to execute the development contract on behalf of the City; and,
FURTHER, that the following conditions be met prior to recording of, and related to said plat:
1. This final plat approves 64 unit lots for row -townhouse dwellings and one common open -
space lot, in accordance with the plans received by the City on May 26, 2005 and June 17,
2005, except as amended by this Resolution.
Resolution 2005 -
Final Plat (2005063)
Page 2
2. Prior to recording the final plat, the applicant shall submit revised plans in conformance with
the Engineering Guidelines and as follows:
a. Demonstrate the required minimum 28 -foot pavement width between the outside curb of
the turn -around and a cul-de-sac island for all public streets.
b. Change the name of 51St Place North to 50th Place North.
c. Add additional landscaping on the north side of 51" Avenue north opposite Lot 1 and
behind units 59 through 64, as directed by the preliminary plat application.
d. Demonstrate compliance with the required 25 feet of separation between the structures on
Lots 17 and 18, 34 and 35, 52 and 53 and units 47 and 48.
e. Identify the fire apparatus access road (fire lane) signage and locations in approved
locations, specifically on Private Street A.
f. Add and relocate hydrants to approved locations.
g. Identify the location of the connection of the secondary access lane from Dunkirk Lane to
50th Place North and the construction details, in compliance with City requirements.
h. Change references to private street on the plans to private drive.
i. Change the sanitary sewer note on Sheet 6 that refers to SDR 35 from a depth of 20 feet
to 15 feet.
j. Change the fittings from Cor -Blue Bolts to Stainless Steel bolts type 304—T under
watermain notes.
k. Sanitary manhole castings for MH 3 and 4 shall be R-1642 not R-1733.
1. Note that the carrier pipe for the watermain will be filled with sand after the watermain is
installed.
in. Correct the elevation of the existing watermain stub shown on Sheet 8 to be consistent
with the City's records.
n. Identify watermain bends on Sheet 8 consistent with City requirements.
o. Lower the watermain on Sheet 8 to eliminate the high point south of the private drive.
p. Provide stationing and elevations consistent with City requirements in the profile for
Sheet 8.
q. Provide a detail of the watermain lowering at station 13+70 including bends, lengths, ties,
and blocking.
r. Show the pedestrian ramps on the plan sheets consistent with City requirements.
s. Add to paragraph 1 under street and pavement notes "and City of Plymouth Engineering
Guidelines". Remove "required" in paragraph 9 and add "shown on signage plan".
t. Change the storm sewer notes to indicate the last 12 sections shall be tied instead of the
last three sections.
u. Provide a separate street light and signage plan per the Engineering Guidelines.
v. Add note in storm sewer profiles for all R-4342 castings " with concrete frame".
w. Change note on page 5 that lowest floor elevation adjacent to pond or wetland shall be a
minimum of 2 feet higher than the 100 year HWL.
x. Change note on page 5 that the lowest opening (door or window) shall be a minimum of
1.5 feet above the emergency overflow elevation.
y. Show emergency overflow routes and elevations on grading plan consistent with City
requirements.
Resolution 2005 -
Final Plat (2005063)
Page 3
z. Show location and grades of the fire lane between Lots 58 and 59 consistent with City
requirements.
aa. Provide the location, elevations, and characteristics of the outlet from Wetland Basin 1
consistent with City requirements.
bb. Relocate all trees shown over storm sewer, watermain, or sanitary sewer pipes to at least
ten feet away from the pipes or in other approved locations.
3. Prior to recording the final plat, the developer shall pay the park dedication fees, pursuant to
the Development Contract, for the total number of units shown on the plans.
4. Prior to recording the final plat, the applicant shall sign a rain garden maintenance agreement
for all rain gardens shown on the plans. The agreement shall be recorded with the final plat.
5. Prior to recording the final plat, the applicant shall submit the following easements:
a. A 10 foot (on each side) drainage and utility easement over all pipes. Revise the plat as
necessary to show the required easements on Lots 17-24, 34,35, 39, 40, 42-44, 52, 53, and
65.
b. A fire lane easement is required on Lots 58 and 59.
c. Standard drainage and utility easements as follows: 1) ten feet adjoining all streets and 2)
six feet in width adjoining side and rear lot lines.
d. Standard drainage and utility easements over ponds and wetlands as follows: 1) all of
Wetland Basin 1, 2) all along the west side of the plat wide enough to cover the drainage
swale, and 3) over both rain gardens.
e. An easement on Lots 58, 59, and 65, Block 1 for the existing Dunkirk Lane turnaround.
The turnaround must be maintained until Dunkirk Lane is extended, unless it is relocated
north of the subdivision with appropriate easements subject to the approval of the City
Engineer.
6. Prior to recording the final plat, the applicant shall pay the following area charges:
27,968.50 for water and $7,515.20 for sewer.
7. Prior to issuance of any permits, the applicant shall provide copies of the required permits
from MPCA, Minnesota Department Of Health, Elm Creek Watershed, NPDES, and City of
Plymouth right-of-way permit.
8. Prior to the issuance of building permits, the watermain must be completed and approved.
The watermain shall be looped to and connected to the watermain on Comstock Lane and
Schmidt Lake Road.
9. Prior to the issuance of any building permits, signs shall be posted at the farthest finished
extent of 51St Avenue North notifying residents of the temporary nature of the cul-de-sac.
Resolution 2005 -
Final Plat (2005063)
Page 4
10. Prior to the issuance of any certificate of occupancy, the required secondary access lane from
the existing Dunkirk Lane to 51 st Place North shall be constructed and approved by the Fire
Inspector.
11. The applicant shall provide notice to potential homebuyers to specifically disclose 1) the
temporary nature of the cul-de-sac on 51" Avenue North and Fountain Lane North 2) the
active nature of the railroad, and 3) the presence of the Gun Club.
12. Development standards shall be as required by the RMF -2 district.
13. The applicant shall be responsible for constructing the trail along 51 s` Avenue North for the
entire project.
14. Minimum floor elevations shall be as follows: Lowest floor elevation shall be a minimum of
two feet higher than the 100 -year HWL adjacent to wetlands. Lowest building opening (door
or window) shall be a minimum of 18 inches above the overland Emergency Overflow Route.
Lots 1 and 2 shall be a minimum of 1002.8.
15. Standard Conditions:
a. All construction traffic shall enter the site from 51 s` Avenue North. No access shall be
permitted via the existing unpaved, Dunkirk Lane.
a. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release
or reduction of any site improvement financial guarantees per City Policy.
b. The HOA shall be responsible for maintenance of sidewalks, boulevard plantings,
wetland buffers, mailboxes, monument signs and association common areas within this
development. The HOA documents shall include language to address maintenance of
these features.
c. No building permits shall be issued until the wetland buffer monuments have been
installed and inspected.
d. Approved street name signage is required at the intersection of Private Street A from
Dunkirk Lane.
e. Removal of all hazardous trees from the property at the owner's expense.
f. No building permits shall be issued until a contract has been awarded for sewer and
water.
g. No building permits shall be issued until the final plat, development contract easements,
vacation of the drainage and utility easements in Outlot A Tinber Creek Crossing 2"
d
Addition, maintenance agreements, and HOA documents are filed and recorded with
Hennepin County and proof of recording is received by the City.
h. All buildings must be protected by a City -approved automatic fire sprinkler system.
i. Street names shall comply with the City Street Naming System.
j. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new
structures on sites adjacent to, or containing any open storm water drainage facility.
Approved by the City Council on xx, 2005.
Resolution 2005 -
Final Plat (2005063)
Page 5
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 xx, 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
DATE: July 18, 2004 for the City Council Meeting of July 26, 2004
TO: Laurie Ahrens, City Manager through
Doran Cote, P.E., Director of Public Works
FROM: Daniel K. Campbell, PE City Engineer
SUBJECT: AWARD CONTRACT
BASS LAKE LIFT STATION UPGRADES
CITY PROJECT NO. 4116
ACTION REQUESTED: Make a motion to adopt the attached resolution awarding the
contract for the construction of the above project.
BACKGROUND: Bids were received for the construction of the Bass Lake Lift Station
Upgrades Project on Friday, June 15, 2005. Attached is a letter from the consulting
engineer, Howard R. Green Company, recommending the contract be awarded to the
second low bidder, Gridor Construction, Inc. Their bid of $1,434,700 is 6.8% or $105,300
under the engineer's estimate of $1,540,000.
L.S. Black Constructors, Inc. submitted the low bid of $1,333,761. Although they were the
apparent low bidder, based on their submittals for compliance with the City's Responsible
Bidder Policy we feel that due to their lack of experience with this type of project, and the
fact that they were only self performing approximately 19% of the total contract with their
own forces, that this conflicts with the project specifications that require the general
contractor to perform not less than 50% of the work with its own forces.
This contract provides for modifications to the existing lift station on Bass Lake reutilizing
the existing wet well, but constructing a new valve vault to the west of the existing
structure. This would get the valves out of the wet well and into a more favorable
environment for servicing and maintaining the equipment. The existing buried valves
would also be located in a new valve vault. The valve vault would actually be constructed
underground with access being provided by a ladder only. A new building would be
constructed that would house the new control room and permanent standby generator.
Also included with the project at this time is the in-place rehabilitation of an existing 24
inch diameter ductile iron sanitary sewermain located southerly from the lift station
through the Bass Lake lagoon.
O: \EngineeringTROJECTS\2000 .2009\41 16\Memos CC_Awardg_ B id_41 16. do
Award Contract
Bass Lake Lift Station Upgrades
City Project No. 4116
Page Two
Gridor Construction, Inc. has provided information complying with the City's Bidder
Evaluation Policy. The City considers Gridor Construction, Inc. to be a qualified bidder.
In addition, Howard R. Green Company has reviewed Gridor's information and also
concluded that Gridor Construction, Inc. is a responsible bidder.
BUDGET IMPACT: Based on the base bid of $1,434,700, the total project cost, which
includes 25% for engineering, administration legal and contingencies, is estimated to be
1,793,400. Funding for this project will be from the Sewer Fund.
RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City
Council adopt the attached resolution awarding the contract for City Project No. 4116,
Bass Lake Lift Station Upgrades Project to the lowest responsible bidder, Gridor
Construction Inc., in the amount of $1,434,700.
attachments: Map
Letters
Resolution
0AEngineeringTROJECTS\2000 - 2009\4116\Me s\CC_Awudg_Bid_4116.do
PPO
Howard R. Green Company
July 13, 2005
Mr. Doran M. Cote, P.E.
Director of Public Works
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447-1482
SUBJECT: Bass Lake Lift Station Improvements, City Project No. 4116
Recommendation of Award
Dear Mr. Cote:
As requested by the City of Plymouth (City), Howard R. Green Company (HRG) attended a
meeting with representatives from the City and representatives from L.S. Black Constructors, of
St. Paul, MN, and Carl Bolander & Sons, Inc. on Friday, July 8, 2005. At the meeting, HRG's
letter of June 27, 2005 was discussed along with the submittal documents provided by L.S.
Black Constructors for compliance with the City's responsible bidder policy. This letter is written
to re -confirm our original opinion as described in our letter of June 27, 2005.
In addition to the discussion that took place regarding the responsiveness of L.S. Black's bid,
L.S. Black stated that, as the genera[ contractor if awarded the project, they intend to self
perform approximately 19 percent of the Work with their own forces. This conflicts with the
project specifications that require the general contractor to self perform not less than 50 percent
of the Work with its own forces. See Section 00800, Supplementary General Conditions, Page
00800-5, paragraph SGC -6.06, Subcontract Limitations.
As such, Howard R. Green Company sees no reason to alter our original recommendation to
the City to consider award of the project to Gridor Construction, Inc., of Plymouth, MN, at this
time. Should you have any questions concerning this information, please do not hesitate to
contact me at (651) 644-4389.
Sincerely,
Howard R. Green Company
Douglas J. Henrichsen, P.E.
Project Manger
cc: Roger Knutson
File: 823400J02
iii• li
2550 University Avenue West • Suite 40ON • St. Paul, MN 55114 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389
P 0
Howard R. Green Company
June 27, 2005
Mr. Doran M. Cote, P.E.
Director of Public Works
City of Plymouth
3400 Plymouth Blvd
Plymouth, MN 55447-1482
41,
SUBJECT: Bass Lake Lift Station Improvements, City Project No. 4116
Recommendation of Award
Dear Mr. Cote:
The following information is provided in accordance with Section 00460 of the specifications for
the above -referenced project.
I. INTRODUCTION
Bids were received for the City of Plymouth (hereinafter "City") Bass Lake Lift Station
Improvements project at 10:00 a.m. on Wednesday, June 15, 2005, in accordance with the
Advertisement for Bids, and were subsequently opened in the Council Chambers. Bids were
received from the following three (3) firms:
Firm Bid Amount
L.S. Black Constructors, Inc. $1,333,761.00
Gridor Construction, Inc. $1,434,700.00
Lametti & Sons, Inc. $1,527,000.00
Attached to this letter is a detailed bid summary.
II. PROCEDURE
The project specifications and bidding procedure requires that Howard R. Green Company
hereinafter "HRG") review information provided by bidders for objective evaluation and
determination of whether a bidder is "responsible" (as defined by City policy). The policy
requires that the three low bidders provide information about their qualifications and past
experience. HRG, on behalf of the City, requested this information from all three bidders and
reviewed the documentation submitted for compliance with the City's policy. Bidders were
evaluated by assessing the bidder's skill, resources, experience, successful performance of
similar contracts (on time and on budget), and all other matters bearing upon the likelihood that
the project will be successfully completed. Specifically, the information requested from all three
bidders included: proposed personnel and subcontractors; quality and availability of equipment
and machinery; performance on similar contracts for both public and private improvements;
professional references; nature and extent of other current contract commitments; previous
denial of contract awards; and other pertinent information.
III. SUMMARY OF EVALUATION
The required supplemental information provided by L.S. Black Constructors, Inc. did not
demonstrate that it had any past experience in projects related to either the rehabilitation of
0:`.PROJ\823400J02\Bid Phase\RecofAward.doc
2550 University Avenue West • Suite 40ON • St. Paul, MN 55114 • 651/644-4389 fax 651/644-9446 toll free 888/368-4389
Mr. Doran Cote, P.E.
June 27, 2005
Page 2of3
wastewater lift stations or buried pipelines beneath a traveled watercourse. Both of these types
of work are important aspects of this project and previous experience and successful
performance of similar work would strongly favor finding a bidder to be "responsible." Upon
further review, L.S. Black's project references did not provide any major wastewater equipment
installation or significant wastewater bypass operations as part of the work it previously
performed. The information provided by L.S. Black on its proposed project superintendent
indicated that the majority of the work performed over the last eleven years was of a commercial
background and not major wastewater lift station facilities. The previous experience of the
proposed project superintendent bears directly on our evaluation of a. bidder's skill, resources,
and experience. In particular, previous experience related to wastewater lift stations,
wastewater equipment installation, and wastewater bypass operations may have impacted our
evaluation of L.S. Black.
While L.S. Black provided information on the qualifications, past experience and proposed
personnel of one of their subcontractors, Carl Bolander & Sons Co., , the information submitted
indicated that there was no current contractual relationship between L.S. Black and Bolander
and that L.S. Black reserved the right to substitute other subcontrators for this work. Under
those conditions, the City's policy does not allow HRG to rely on a subcontractor's credentials in
evaluating the proposed contractor.
Based on our review of the submitted information, the second low bidder, Gridor Construction,
Inc., does have significant experience and background in performing projects on wastewater lift
stations and treatment plants where wastewater bypass operations were a critical component of
the success to the project. Gridor Construction indicated in excess of 30 separate projects
related to wastewater lift stations and pumping facilities. Not included in this number are the
numerous projects identified for wastewater treatment facilities where significant wastewater
bypass operations were a major portion of the project. It was also evident from Gridor's
information that much of the work for the Bass Lake project will be conducted by their own
forces rather than subcontracting the work to another party. Subcontracting of work is not a
negative factor in HRG's evaluation of potential bidders; it is a positive factor, however, that
Gridor Construction has the skill, resources, and experience to accomplish the bulk of this
project with its own forces. Only the specialty items, such as the helical anchor installation,
bituminous paving, masonry, metal roof installation, painting, CIPP lining, and electrical work, is
intended to be subcontracted, with the bulk of the lift station rehabilitation work, including
excavation, dewatering, wastewater bypass operations, concrete installation, backfill, process
equipment installation, piping, and other services being conducted by Gridor themselves. Their
proposed project superintendent has over 35 years of experience in water and wastewater
facility construction, which indicates a strong track record in dealing with projects of a similar
nature to the Bass Lake Lift Station project.
Information submitted by Lametti & Sons, Inc., was also reviewed and evaluated by HRG.
Given our recommendation below concerning Gridor Construction (which submitted a lower
bid), however, HRG reserves comment on the information submitted by Lametti & Sons.
IV. RECOMMENDATION
In conclusion, after careful review of the bids received and the supplemental information
provided by the bidders, and in accordance with Section 00460 of the project specifications and
the City's Policy Establishing Responsible Bidder Evaluation, HRG recommends that the City
0:\PR0J\823400J02\Bid Phase\RecofAward. doc
Howard R. Green Company
Mr. Doran Cote, P.E.
June 27, 2005
Page 3 of 3
consider award of the contract to Gridor Construction, Inc. for a Total Base Bid amount of
1,434,700.00. In our opinion, Gridor Construction is the lowest responsible bidder within the
meaning of the project specifications and the City's policies. Gridor Construction's bid appears
to be in order and in compliance with the bid requirements as set forth in the bid documents.
In the alternative, should the City deem it necessary, the project could be rebid entirely. If the
project is rebid, HRG recommends that prequalification of bidders should be added to the
project specifications and as part of the Notice to Bidders.
If you have any questions concerning this information, please do not hesitate to contact me at
651) 644-4389.
Sincerely,
Howard R. Green Company
Doug, s J. Hen' hsen, P.E.
Project Manger
Attachments
cc: File:823400J02
O" PROJ\823400J02\8id Phase\RecofAward.doc
Howard R. Green Company
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
AWARDING BID
BASS LAKE LIFT STATION UPGRADES
CITY PROJECT NO. 4116
WHEREAS, pursuant to an advertisement for bids for the construction of Bass Lake Lift Station
Upgrades Project and all necessary appurtenances, bids were received, opened and tabulated
according to law, and the following bids were received complying with the advertisement:
COMPANY TOTAL BID
L.S. Black Constructors, Inc. $1,333,761
Gridor Construction, Inc. 1,434,700
Lametti & Sons, Inc. 1,527,000
WHEREAS, L.S. Black Constructors, Inc. failed to satisfy the City's Responsible Bidder's Policy
because they do not have experience is the construction of lift stations; and
WHEREAS, L.S. Black representatives have stated that they intend to self -perform substantially
less than 50% of the work with its own forces which is a requirement of the contract; and
WHEREAS, Gridor Construction, Inc. of Delano, MN is the lowest responsible bidder,
complying with the minimum specifications;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA:
1. The Mayor and City Manager are hereby authorized and directed to enter into the contract
with Gridor Construction, Inc. of Delano, MN in the name of the City of Plymouth for the
construction of Bass Lake Lift Station Upgrades according to the plans and specifications
therefore approved by the City Council and on file in the office of the City Engineer in the
amount of $1,434,700.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the
deposits made with their bids, except that the deposits of the successful bidder and the next
lowest responsible bidder, Gridor Construction, Inc., shall be retained until a contract has
been signed.
3. Funding will be from the Sewer Fund in the amount of $1,793,400.
Adopted by the City Council on July 26, 2005.
0:\Engineering\PROJECTS\2000 - 2009\4116\Resol\Award_ Bid_Gridor_Res.doc
Agenda Number: b 1 0 - t
TO: Laurie Ahr s, City Manager
FROM: Dale Hahn mance Director
SUBJECT: SECOND QUARTER 2005 FINANCIAL REPORT
DATE: July 18, 2005 for City Council meeting July 26, 2005
1. PROPOSED MOTION: Accept the Second Quarter 2005 Financial Report.
2. BACKGROUND: Unaudited financial reports are provided to the City Council on an ongoing basis to
review the current year's operations. Revenue and expenditures are compared to the budget and to prior
year's actual as a gauge for measuring the current year's potential operations.
3. DISCUSSION: GENERAL FUND
REVENUE:
Permit revenue for the year is running slightly ahead of last year, and is currently at 52% of budget
compared to 51% last year. We anticipate issuing a considerable amount of new housing and commercial
construction permits in the second half of the year. Fines and forfeitures slowed somewhat during the
second quarter with the shortage of one traffic officer, but has recently picked up now that the unit is
back to full strength.
The tax cancellation and abatement filings for 2005 have been forwarded to us from Hennepin County.
We ended 2004 with 99 unsettled petitions, and have received a total of 65 for 2005 compared to 82 for
2004. We have had 43 petitions close so far this year with value reductions of $10,382,600, and an
estimated tax reduction of $34,573. This is running slightly ahead of last year at this same time, when we
had lost an estimated $27,772 in taxes. Several of the petitions on office buildings, are requesting
substantial reductions, and are scheduled for court in the third and fourth quarters.
Overall, I project revenue will be approximately $122,500 over the budget. This is primarily due to the
projected continued strong permit revenue in the second half of the year. Shown on the following pages
are the revenue comparisons for the second quarter of 2005 compared to 2004, and graphs of the various
categories of revenue:
City of Plymouth
First 6 Months Performance Report
Revenue
First 6 Months 2005 Revenue Projections
2005 2004
Received of Budget Received of Budget Budget Estimate Variation
Taxes 7,684,000 45% 6,969,100 43% 16,975,807 16,975,807 0
Permits 1,122,341 52% 1,079,536 51% 2,169,000 2,300,000 131,000
Licenses 159,431 79% 180,931 90% 202,500 203,000 500
Fines/Forfeitures 378,094 43% 319,743 49% 888,500 889,000 500
Interest Earnings 98,381 42% 91,129 28% 235,300 220,000 15,300
Intergovernmental Rev 182,158 24% 169,286 44% 758,493 760,000 1,507
Charges for Services 395,652 47% 389,062 46% 840,700 850,000 9,300
Billings to Departments 0 0% 0 0% 88,000 88,000 0
Transfers 142,677 50% 132,719 21% 285,354 285,354 0
Other Revenue 18,317 37% 15,205 30% 50,000 45,000 5,000
Total Revenue 10,181,051 45% 9,346,711 44% 22,493,654 22,616,161 122,507
05/07/19-14:58 City of Plymouth July 19 2005 Page: 1
GL787 Revenue Detail Council Report Format 539
Period 6 ending June 30, 2005 Transaction status 2
2005 Budget Revenue Revenue Revenue Bud o Bud Outstand
Account CurrentMonth YTD LTD CurYr La Yr Cur Year
General Fund
Taxes
Taxes
Acc 4001 Property Tax 17,035,807.00 7,684,000.00 7,684,000.00 6,969,100.00 45.1 43.0 9,351,807.00
Acc 4002 Tax Abatements & Cancellation 60,000.00- 60,000.00 -
Cls 4000 Taxes 16,975,807.00 7,684,000.00 7,684,000.00 6,959,100.00 45.3 43.1 9,291,807.00
Permits & Licenses
Permits: Non Business
Acc 4101 Building Permits 1,200,000.00 129,423.10 631,865.55 628,494.23 52.7 53.7 568,134.45
Acc 4102 Plumbing Permits 115,000.00 6,696.00 76,388.09 52,329.40 66.4 47.6 38,611.91
Acc 4103 HVAC Permits 135;000.00 18,961.69 87,287.55 71,944.35 64.7 55.3 47,712.45
Acc 4104 Sign & Billboard Permits 10,000.00 1,015.75 4,032.50 3,265.25 40.3 29.7 5,967.50
Acc 4105 Plan Checking 600,000.00 60,598.35 287,877.13 291,877.29 48.0 49.9 312,122.87
Acc 4106 Other Permits 19,000.00 1,350.50 8,944.50 10,076.00 47.1 53.0 10,055.50
Acc 4107 Alarm Permits 90,000.00 12,125.00 21,550.00 13.5 22.5 77,875.00
Acc 4111 Fire Protection Permits 6,286.27 13,820.60 13,820.60 -
Cls 4100 Permits: Non -Business 2,169,000.00 224,331.66 1,122,340.92 1,079,536.52 51.7 50.9 1,046,659.08
Licenses: Business
Acc 4151 Gasoline Service Station 2,900.00 2,900.00
Acc 4152 Tobacco 2,200.00 120.00 5.5 2,200.00
Acc 4153 Dog 4,300.00 115.00 1,688.36 2,398.00 39.3 53.3 2,611.64
Acc 4154 Garbage Hauler 3,400.00 2,755.88 2,700.00 81.1 77.1 644.12
Acc 4155 3.2 Malt Liquor 9,600.00 1,353.00 1,353.00 14.1 14.4 8,247.00
Acc 4156 Off -Sale Liquor 3,100.00 2,884.29 3,486.67 93.0 120.2 215.71
Acc 4157 On -Sale Liquor 148;000.00 127,144.50 149,207.94 85.9 100.8 20,855.50
Acc 4158 License Investigation Fee 4,500.00 1,000.00 3,275.00 2,350.00 72.8 58.8 1,225.00
Acc 4159 Wine 16,000.00 14,050.00 15,300.01 87.8 95.6 1,950.00
Acc 4160 Other Licenses 8,500.00 685.00 6,280.00 4,015.00 73.9 47.2 2,220.00
Cls 4150 Licenses: Business 202,500.00 1,800.00 159,431.03 180,930.62 78.7 89.7 43,068.97
Intergovernmental Revenues
State Funding
Acc 4202 MSA Maintenance -Operating 74,000.00 74,000.00 72,600.00 100.0 100.0
Acc 4204 Haz Mat Grant (RAD)-Operatin 58,000.00 58,000.00
05/07/19-14:58 City of Plymouth
GL787
Account
General Fund
Intergovernmental Revenues
State Funding
Acc 4205 Police State Aid
Acc 4207 Grants St/Cty/Region-Operatin
Acc 4208 Other State Grants -Operating
Acc 4209 DARE Reimbursement -Operating
Acc 4211 PERA Grant - State
Cls 4200 State Funding
Local Funding
Acc 4241 School Laison
Federal Funds
Acc 4273 Federal Grants -Operating
Charges For Services
Charges For Services
Acc 4302 Weed Assessments
Acc 4303 Maps & Ordinances
Acc 4304 Accident Reports
Acc 4305 Zoning Change -Variance Reques
Acc 4306 Plat Fees -Subdivision Waiver
Acc 4307 Special Assessment Searches
Acc 4309 Police Services
Acc 4310 Towing Fees
Acc 4311 Tree Removal Fees
Acc 4314 Recreation Rental Fees
Acc 4317 Garden Plots
Acc 4318 Street Lighting
Acc 4319 Items Sold
Acc 4321 Protective Inspection Fee
Acc 4322 Advertisements
Acc 4323 Engineering Services to Other
Acc 4336 Utility Penalties
Acc 4338 Rents & Leases
Acc 4350 Antennae Location Charge
Acc 4351 Other Fees
Revenue Detail Council
Period 6 ending June
2005 Budget Revenue
CurrentMonth
July 19 2005 Page: 2
Report Format 539
30, 2005 Transaction status 2
Revenue Revenue o Bud °s Bud Outstand
YTD LTD CurYr La Yr Cur Year
355,000.00 355,000.00
8,000.00 8,000.00
25,000.00 4,835.94 1,002.00 19.3 20,164.06
1,500.00 1,836.14 122.4 336.14-
46,993.00 46,993.00
568,493.00 80,672.08 73,602.00 14.2 39.8 487,820.92
190,000.00 98,031.96 94,656.24 51.6 52.6 91;968.04
2,558.11 3,453.61 1,027.98 6.1 3,453.61-
3,000.00 300.00- 1,087.50- 10.0- 34.0- 3,300.00
20.00 70.00 35.00 70.00-
4,800.00 60.56 492.03 2,464.30 10.3 51.9 4,307.97
8,500.00 600.00 7,500.00 5,250.00 88.2 61.8 1,000.00
10,000.00 735.00 15,056.19 2,925.00 150.6 29.3 5,056.19-
400.00 15.00 90.00 211.00 22.5 52.8 210.00
15,000.00 1,167.94 6,882.75 6,323.87 45.9 35.1 6,117.25
5,400.00 535.00 2,990.00 2,630.00 55.4 48.7 2,410.00
5,000.00 100.00 8,291.03- 75.00 165.8- 1.3 13,291.03
4,600.00 4,600.00
2,000.00 1,809.56 1,820.00 90.5 113.8 190.44
460,000.00 37,749.58 214,578.20 212,448.85 46.7 47.2 245,421.80
170.00 306.00 170.00-
51,500.00 2,166.75 16,873.70 15,118.88 32.8 29.6 34,626.30
7,000.00 309.00 2,106.00 3,616.00 30.1 36.2 4,894.00
70,000.00 21,814.00 21,035.68 31.2 23.4 48,186.00
5,000.00 1,958.97 2,289.37 39.2 54.5 3,041.03
115;000.00 21,174.04 69,901.12 46,523.16 60.8 42.3 4,5,098.88
63,000.00 21,411.07 60,560.74 34.0 100.9 41,586.93
10,500.00 2,068.50 7,693.50 6,216.25 73.3 62.2 2,806.50
05/07/19-14:58 City of Plymouth July 19 2005 Page: 3
GL787 Revenue Detail Council Report Format 539
Period 6 ending June 30, 2005 Transaction status 2
2005 Budget Revenue Revenue Revenue o Bud a Bud Outstand
Account CurrentMonth YTD LTD CurYr La Yr Cur Year
General Fund
Charges For Services
Charges For Services
Acc 4370 Code Book Sales 45.00 45.00-
Acc 4371 Alarm Fees 6,350.00 12,225.00 12,225.00-
Cls 4300 Charges For Services 840,700.00 73,051.37 395,076.06 388,761.60 47.0 45.9 445,623.94
Fines & Forfeitures
Fines & Forfeitures
Acc 4401 Court Fines, Costs & Fees 870,000.00 156,555.96 362,671.22 314,339.87 41.7 49.4 507,328.78
Acc 4402 Impounding Fees - Dogs 8,500.00 1,120.00 4,823.00 3,903.00 56.7 47.0 3,677.00
Acc 4403 Liquor/Tobacco Violation&Othe 10,000.00 3,000.00 10,600.00 1,500.00 106.0 16.7 600.00-
Cls 4400 Fines & Forfeitures 888,500.00 160,675.96 378,094.22 319,742.87 42.6 48.9 51.0,405.78
Billings to Departments
Billings to Departments
Acc 4611 Eng & Admin Fees Allocation 88,000.00 88,000.00
Other Revenues
Other Revenues
Acc 4701 Sale of City Property 100.00 100.00-
Acc 4703 Miscellaneous Revenue 50,000.00 3,112.55 18,216.38 15,205.86 36.4 30.4 31,783.62
Cls 4700 Other Revenues 50,000.00 3,112.55 18,316.38 15,205.86 36.6 30.4 31,683.62
Interest Income
Interest on Special Assessment
Acc 4801 Interest on Special Assessmen 300.00 575.87 300.20 192.0 100.1 275.87 -
Interest on Investments
Acc 4802 Interest on Investments 235,000.00 40,000.00 98,381.47 91,128.55 41.9 28.5 136,618.53
General Transfer
General Transfer
Acc 5203 Transfer From Transit System 15,914.00 1,326.17 7,957.02 7,725.00 50.0 50.0 7,956.98
Acc 5206 Transfer From Police St Aid
Acc 5421 Transfer From Utility Trunk 65,000.00 5,416.67 3'2,500.02 32,500.02 50.0 50.0 32,499.98
05/07/19-14:58 City of Plymouth
GL787
Account
General Fund
General Transfer
General Transfer
Acc 5501 Transfer From Water Fund
Acc 5502 Transfer From Sewer Fund
Acc 5503 Transfer From S Waste Manage
Acc 5504 Transfer From Rec Facilities
Acc 5505 Transfer From Water Resources
Acc 5602 Transfer From Central Equip
Cls 5100 General Transfer
Fnd 101 General Fund
Report Final Totals
Revenue Detail Council
Period 6 ending June
2005 Budget Revenue
CurrentMonth
July 19 2005 Page: 4
Report Format 539
30, 2005 Transaction status 2
Revenue Revenue Bud % Bud Outstand
YTD LTD CurYr La Yr Cur Year
81,226.00 6,768.83 40,612.98 39,430.50 50.0 50.0 40,613.02
50,326.00 4,193.83 25,162.98 24,430.50 50.0 50.0 25,163..02
15,929.00 1,327.42 7,964.52 7,732.50 50.0 50.0 7,964.48
10,609.00 884.08 5,304.48 5,149.98 50.0 50.0 5,304.52
15,450.00 1,287.50 7,725.00 750.00 50.0 5.0 7,725.00
30,900.00 2,575.00 15,450.00 15,000.00 50.0 50.0 15,450.00
285,354.00 23,779.50 142,677.00 132,718.50 50.0 21.1 142,677.00
22,493,654.00 8,213,309.15 10,181,050.60 9,346,710.94 45.3 43.6 12,312,603.40
22,493,654.00 8,213,309.15 10,181,050.60 9,346,710.94 45.3 43.6 12,312,603.40
City of Plymouth
First 6 Months Performance Report
Revenue
8,000,000
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7,000,000 ---
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6,000,000
5,000,000
4,000,000
3,000,000
2005
0 2004
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TAX CANCELLATIONS AND ABATEMENTS 7/18/2005
FINANCEWSSESSING\W RKSHTS\NBye\TAXCANCL.XLS
Page 1
PARCELS CLOSED BY TAX YEAR
YEAR
PARCELS
CLOSED ORIGINAL VALUE REDUCED VALUE REDUCTION
OF ORIG.
VALUE RED. TAX $ LOST
1991 120 216,254,100 186,498,700 29,749,400 13.76% 220,100
1992 64 164,397,500 147,343,200 17,054,300 10.37% 127,000
1993 227 913,722,300 715,859,800 197,862,500 21.65% 1,047,376
1994
1995
232
109
579,171,400
213,256,800
493,185,080
191,979,200
85,986,320
21,277,600
14.85%
9.98%
501,128
106,196
1996 128 333,770,300 305,372,600 28,397,700 8.51% 153,163
1997 49 101,270,500 95,902,300 5,368,200 5.30% 28,953
1998 103 217,096,100 210,172,900 6,923,200 3.19% 31,580
1999 48 203,557,100 198,930,500 4,626,600 2.27% 19,632
2000 37 96,123,900 94,718,900 1,405,000 1.46% 5,101
2001 60 337,751,900 320,861,900 16,890,000 5.00% 59,407
2002 50 355,551,300 337,492,600 18,058,700 5.08% 55,089
2003 67 350,480,500 327,810,300 22,670,200 6.47% 68,628
2004 60 350,731,100 324,198,900 26,532,200 7.56% 84,342
7/2005 43 220,756,800 210,374,200 10,382,600 4.70% 34,573
COURT ACTIVITY BY TAX YEAR
TAX PARCELS NEW PARCELS PARCELS PARCELS
YEAR OPEN 1/1/2005 07/012005 CLOSED 07/01/2005 OPEN 07/01/2005
2002 1 1 0
2003 35 20 15
2004 64 18 46
2005 65 4 61
TOTAL 100 65 43 122
2005 51 new Petition with 65 Parcels
FINANCEWSSESSING\W RKSHTS\NBye\TAXCANCL.XLS
Page 1
EXPENDITURES:
General Fund expenditures for the first six months are in line with the previous year's expenditures and the
budget. Legal expenditures appear down, but the 2005 expenditures include one less months legal fees than
2004. Parks & Recreation expenditures appears up this year, but that is because last year the contractual tree
removal contract was not approved until the 3`d
quarter. Public Works expenditures are also up over last
year, because the seal coating contract was also not approved until the 3`d quarter last year. "Other"
expenditures category is up because of the earlier payment to some social service organizations.
Shown on the next page is a performance report of the expenditures for the first six months and projections
for the year. I am currently estimating an expenditure savings of $180,954 with some savings coming from
all departments. At this point, the potential revenue overage of $122,507 and the potential expenditure
savings of $180,954, provide a positive total of $303,461. I would like to end the year with a positive
300,000-$400,000 to cover the increase needed to maintain the 40% fund balance. It is too early in the year
to make good projections for all Departments, but these projections will be fine-tuned as we progress through
the year. A graph of the various expenditure categories follows the performance report.
General Government
Legal
Community Development
Parks & Recreation
Finance
Police
Fire
Public Works
Other
Total Expenditures
City of Plymouth
First 6 Months Performance Report
Expenditures
First 6 Months
2005
Expended of Budget
542,150 50%
123,285 32%
921,982 48%
2,077,823 52%
599,948 48%
4,007,910 50%
851,537 47%
1,861,687 53%
255,702 55%
11,242,024 50%
2005 Expenditure Projections
2004
Expended of Budget Budget Estimate Variation
467,937 42% 1,092,363 1,090,000 2,363
159,133 41% 387,740 387,700 40
886,891 48% 1,905,308 1,865,000 40,308
1,885,410 49% 4,014,156 3,995,000 19,156
608,581 49% 1,260,421 1,255,000 5,421
3,568,806 48% 8,057,408 8,030,000 27,408
849,931 49% 1,797,371 1,790,000 7,371
1,629,366 48% 3,511,411 3,500,000 11,411
244,099 51% 467.476 400.000 67.476
10,300,154 48% 22,493,654 22,312,700 -180,954
05/07/19-17:21
GL785 Report: COUNCIL
Fund 101 General Fund
ADMINISTRATION
Prg 010 City Council (1110)
Prg 020 City Manager (1120)
Prg 030 Communication Services (1130)
Prg 040 Elections (1140)
Prg 050 Human Resources (1150)
Prg 060 Legal Services (1160)
01101P R)"Irk 11&*Y:iN work l
COMMUNITY DEVELOPMENT
Prg 010 Com Dev\Admin & Support(1210)
Prg 020 Planning (1220)
Prg 031 Fire Inspection (1231)
Prg 032 Protective Inspection (1232)
Prg 033 Construction Inspection (1233)
TOTAL COMMUNITY DEVELOPMENT
PARKS & RECREATION
Prg 010 Park & Recreation Admin (1310)
Prg 021 Park Maintenance (1321)
Prg 022 Trail Maintenance (1322)
Prg 023 Athletic Field Maint (1323)
Prg 024 Ice Rink Maintenance (1324)
Prg 030 Forestry (1330)
Prg 043 Activity Center (1343)
TOTAL PARKS & RECREATION
FINANCE
Prg 010 Accounting (1410)
Prg 020 Assessing (1420)
TOTAL FINANCE
City of Plymouth JULY 19 2005 PAGE:
Expenditure Detail Council As of JUNE 30, 2005
2005 Expended Expend & g Bud Budget Last Yr g Bud
Adopted Bud Month EncumbYTD CurrYr Remaining Exp&Encumb LastYr
113,194.00 8,389.29 52,243.64 46.2 60,950.36 49,925.75 44.2
394,339.00 31,898.05 199,229.81 50.5 195,109.19 176,642.63 43.6
267,546.00 18,503.01 152,541.91 57.0 115,004.09 111,580.63 43.0
43,950.00 254.17 5,817.94 13.2 38,132.06 4,609.84 8.4
273,334.00 22,616.83 132,316.07 48.4 141,017.93 125,177.76 45.4
387,740.00 183.20 123,285.11 31.8 264,454.89 159,132.78 41.4
1,480,103.00 81,844.55 665,434.48 45.0 814,668.52 627,069.39 42.0
283,712.00
41,027.45
22,962.40
246,918.25
139,108.11 49.0 144,603.89 139,868.18
1,050,600.00
48.8
47.7
724,008.00
51.8
59,033.02
562,325.51
355,396.27 49.1 368,611.73 338,377.08
94,707.20
48.5
175,925.80
203,785.00
35.1
16,284.93
58,552.14
98,504.33 48.3 105,280.67 91,309.19
387,311.86
47.5
237,253.00
105,141.00 8,700.14
55.4
53,090.79 50.5 52,050.21 50,762.21
57,405.35
50.1
399,555.33
588,662.00
213,106.67
43,160.61
45.9
275,882.02 46.9 312,779.98 266,574.64
51.3
47.0
213,011.04
1,905,308.00 150,141.10
328,895.62
921,981.52 48.4 983,326.48 886,891.30
1,885,410.10
48.1
499,745.00 41,027.45
257,288.09
246,918.25 49.4 252,826.75 243,891.50 49.9
1,050,600.00 104,118.07
47.7
544,220.93 51.8 506,379.07 562,325.51 54.4
270,633.00 17,974.69
660,472.56
94,707.20 35.0 175,925.80 90,232.47 35.1
878,026.00 58,552.14 422,411.93 48.1 455,614.07 387,311.86 46.3
237,253.00 17,945.78 131,511.73 55.4 105,741.27 120,432.75 55.4
612,662.00 57,405.35 399,555.33 65.2 213,106.67 268,204.97 45.9
465,237.00 31,872.14 238,497.95 51.3 226,739.05 213,011.04 46.9
4,014,156.00 328,895.62 2,077,823.32 51.8 1,936,332.68 1,885,410.10 48.7
541,785.00 42,831.32 257,288.09 47.5 284,496.91 263,632.66 48.4
718,636.00 60,568.31 342,660.35 47.7 375,975.65 344,947.91 50.1
1,260,421.00 103,399.63 599,948.44 47.6 660,472.56 608,580.57 49.4
1
05/07/19-17:21
GL785 Report: COUNCIL
Fund 101 General Fund
POLICE
125,498.21
Prg 010 Police Administration (1510)
Prg 011 Patrol (1511)
Prg 012 Community Service Off (1512)
Prg 013 Public Education (1513)
Prg 014 Investigations (1514)
Prg 015 Traffic Enforcement (1515)
Prg 016 Cadet Program (1516)
Prg 017 Public Safety Grants (1517)
Prg 020 Emergency Management (1520)
TOTAL POLICE
City of Plymouth JULY 19 2005 PAGE: 2
Expenditure Detail Council As of JUNE 30, 2005
2005 Expended Expend & %- Bud Budget Last Yr Bud
Adopted Bud Month EncumbYTD CurrYr Remaining Exp&Encumb LastYr
1,497,274.00 124,266.96 766,784.93 51.2 730,489.07 680,372.14 49.2
4,162,215.00 340,972.93 2,101,037.40 50.5 2,061,177.60 1,844,988.53 48.2
428,668.00 30,938.85 186,159.05 43.4 242,508.95 174,885.75 44.4
681,950.00 52,679.63 317,032.78 46.5 364,917.22 279,941.34 53.4
969,855.00 84,587.97 478,228.78 49.3 491,626.22 443,378.14 47,0
233,324.00 18,864.33 115,406.63 49.5 117,917.37 110,960.19 49.0
355.25 100.0 355.25- 317.57 100.0
84,122.00 6,854.06 42,904.96 51.0 41,217.04 33,962.12 46.1
8,057,408.00 659,164.73 4,007,909.78 49.7 4,049,498.22 3,568,805.78 48.4
FIRE
Prg 030 Fire Operations (1530) 1,291,814.00 83,800.38 593,947.71 46.0 697,866.29 590,334.47 47.6
Prg 031 RAD (1531) 57,338.00 3,093.22 19,616.95 34.2 37,721.05 24,651.12 43.6
Prg 032 Duty Schedule (1532) 448,219.00 36,263.44 237,972.70 53.1 210,246.30 234,945.23 52.6
TOTAL FIRE 1,797,371.00 123,157.04 851,537.36 47.4 945,833.64 849,930.82 48.7
PUBLIC WORKS
Prg 010 Street Maintenance (1610)
Prg 011 Street Cleaning (1611)
Prg 012 Snow/Ice Control (1612)
Prg 013 Drainage Maintenance (1613)
Prg 020 Street & Traffic Lights (1620)
Prg 030 Engineering (1630)
TOTAL PUBLIC WORKS
PUBLIC SERVICE
Prg 010 Volunteer Coordinator (1810)
Prg 030 Other (1830)
TOTAL PUBLIC SERVICE
1,407,317.00 125,498.21 877,742.34 62.4 529,574.66 617,836.06 45.5
375,255.00
640.64-
212,551.42 56.6 162,703.58
805.01 100.0
882,448.00 42,197.34 467,568.73 53.0 414,879.27 475,473.71 55.7
864.32- 1,266.11 100.0
599,500.00 10,217.28 234,728.91 39.2 364,771.09 245,767.63 42.9
622,146.00 44,891.65 281,647.23 45.3 340,498.77 288,217.38 45.4
3,511,411.00 221,299.52 1,861,687.21 53.0 1,649,723.79 1,629,365.90 47.7
92,221.00 6,891.68 43,150.56 46.8 49,070.44 37,147.76 49.3
375,255.00 14,750.14 212,551.42 56.6 162,703.58 206,952.12 51.2
467,476.00 21,641.82 255,701.98 54.7 211,774.02 244,099.88 50.9
05/07/19-17:21
GL785 Report: COUNCIL
Fund 101 General Fund
GENERAL FUND GRAND TOTAL
City of Plymouth JULY 19 2005 PAGE: 3
Expenditure Detail Council As of JUNE 30, 2005
2005 Expended Expend & % Bud Budget Last Yr % Bud
Adopted Bud Month EncumbYTD CurrYr Remaining Exp&Encumb LastYr
22,493,654.00 1,689,544.01 11,242,024.09 50.0 11,251,629.91 10,300,153.74 48.0
City of Plymouth
First 6
Months Performance Report
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SPECIAL REVENUE FUNDS
RECREATION- The Recreation Fund revenue and expenditures are both up from last year. Revenue
will increase substantially in the third quarter with Fall soccer registrations.
HRA- The HRA Fund for Senior Housing is supported through the tax levy, and the Section 8 and
CDBG funds are basically self-supporting through Federal programs. Revenue for 2005 totals
2,443,996, and program expenditures total $2,632,435. HRA revenue is down because we have not
been fully reimbursed from HUD. A schedule of Special Revenue Funds reflecting revenue and
expenditures for the second quarter of 2005 compared to 2004 is shown below:
WATER FUND
For the budget year 2005, the Water Fund revenue is estimated to be $4,019,700. Actual revenue of
1,531,634 has been billed through May and part of June. This compares to 2004 revenue of $1,592,957.
Revenue is down from last year because of the wet Spring, however, I expect to see considerable
improvement when we bill for the last part of June and July. Expenditures in the amount of $1,684,492
were made during the first 6 months of 2005. The expenditures are approximately 42% of the 2005
budget which is the same as last year.
SEWER FUND
The Sewer Fund budgeted revenue for 2005 is $5,733,392. Revenue to date for 2005 is $2,746,208
compared to $2,582,482 for 2004. Similar to the Water Fund, this revenue only includes billings through
May and part of June. The appropriated expenditures for 2005 total $5,733,392 of which $2,927,394 has
been expended as of June 30, 2005. The expenditures are 51% of budget, compared to 47% last year.
The Metropolitan Council Environmental Services increased their rate by 3.1% the first of this year,
which was budgeted for.
2005 2004
Received As Percent of Received As Percent of
Revenue Budget Of 6/30/05 Bud et Of 6/30/04 Budget
Recreation 1,481,622 725,737 49.0% 715,103 50.2%
HRA 4,661,527 2,443,996 52.4 2,839,762 66.2
Expended As Percent of Expended As Percent of
Expenditures Budget Of 6/30/05 Budget Of 6/30/04 Buffet
Recreation 1,481,622 769,162 51.9% 759,785 53.4%
HRA 4,661,527 2,632,435 56.5 2,411,713 56.2
WATER FUND
For the budget year 2005, the Water Fund revenue is estimated to be $4,019,700. Actual revenue of
1,531,634 has been billed through May and part of June. This compares to 2004 revenue of $1,592,957.
Revenue is down from last year because of the wet Spring, however, I expect to see considerable
improvement when we bill for the last part of June and July. Expenditures in the amount of $1,684,492
were made during the first 6 months of 2005. The expenditures are approximately 42% of the 2005
budget which is the same as last year.
SEWER FUND
The Sewer Fund budgeted revenue for 2005 is $5,733,392. Revenue to date for 2005 is $2,746,208
compared to $2,582,482 for 2004. Similar to the Water Fund, this revenue only includes billings through
May and part of June. The appropriated expenditures for 2005 total $5,733,392 of which $2,927,394 has
been expended as of June 30, 2005. The expenditures are 51% of budget, compared to 47% last year.
The Metropolitan Council Environmental Services increased their rate by 3.1% the first of this year,
which was budgeted for.
SOLID WASTE FUND
The Solid Waste Fund has estimated revenue of $1,041,494 for 2005. As of June 30, 2005, revenue
totaled $495,365 compared to $451,886 in 2004. This revenue is primarily from the monthly recycling
fees, and recycling goods sales. The increase is primarily the result of increased recycling goods sales
being recorded as revenue in 2005. The Hennepin County grants ($218,000) are normally received in the
third and fourth quarters of the year. Solid waste expenditures totaled $413,753 and $407,550 for 2005
and 2004 respectively.
ICE CENTER
The Ice Center operation has estimated revenue of $1,272,765 for 2005. As of June 30, 2005 it has
received $660,981 compared to $460,653 for 2004. Expenditures for the year to date total $592,130
compared to $455,076 for the same period last year. Increased revenue and expenditures are primarily
from the 3`d sheet of ice, which is performing in line with projections.
WATER RESOURCES FUND
The Water Resources Fund is financed primarily through Surface Water Utility fees. We project that the
utility fees will generate $1,850,350 for the year. Major capital improvements of $1,071,100 are
budgeted for in 2005. Revenue through June totaled $894,623 of which $864,787 is from utility fees, and
29,836 from interest earnings and miscellaneous revenue. The Fund had expenditures of $1,479,629, of
which $217,109 was for membership dues to the various Water Management Commissions, $33,840 for
equipment, and $288,908 for projects. The remainder was primarily for operating expenses and
contractual services.
FIELD HOUSE
The Field House operations has budgeted revenue for 2005 of $290,000, of which we have received
226,616 for the first two quarters compared to $238,894 last year. The field house rentals are down
about $32,000 from last year. Expenditures totaled $110,083 for 2005 compared to $113,189 for last
year.
CENTRAL EQUIPMENT FUND
The Central Equipment Fund accounts for services performed for other City departments. Revenue to
finance the Fund is obtained from various City departments that utilize the City equipment. The
budgeted operating revenue for 2005 in the amount of $2,154,955 is obtained by charging the individual
operating departments for their share of the rental costs. Expenditures through June 30th amount to
1,953,058 compared with $1,363,812 for 2004. The increase is primarily because of an increased
budget for replacement equipment.
FACILITIES MANAGEMENT FUND
This Fund provides the services for all City facilities. Facility maintenance and repairs and replacement
costs are provided from charges to City operating departments for use of the facilities. Revenue for the
first two quarters totaled $528,431 compared to $456,548 for 2004. Expenditures totaled $411,067
compared to $374,857 last year. The increase is mainly for the costs associated with repairs and
replacements at publics works and the fire stations.
RISK MANAGEMENT FUND
The Risk Management Fund administers the City's Property, Casualty and self-insured Worker's
Compensation insurance programs. Fund revenue is provided from charges to user funds and interest
earnings. Revenue for the first two quarters of 2005 was $155,325 compared to 143,232 for 2004. The
increase is primarily because of increased charge backs to other funds for insurance coverages. Interest
earning are the primary source of revenue for this fund, and with the continued low interest earnings, we
plan to increase user fund allocations in the 2006 budget. Expenditures for 2005 totaled $534,894
compared to $471,425 for 2004.
EMPLOYEE BENEFITS FUND
This Fund serves as the recording fund for all employee fringe benefits. Fund revenue is provided by
charges to other funds and interest earnings. Revenue for the first two quarters totaled $1,228,413
compared to expenditures of $1,225,985 Revenue and expenditures of this Fund are typically close to a
wash.
INFORMATION TECHNOLOGY FUND
This Fund provides the equipment, software and support for the City's Information Technology
infrastructure. Revenue to the Fund is generated by user charges to departments based upon individual
departmental allocations. Revenue for the first two quarters totaled $914,252 and expenditures totaled
756,790. The IT Division is working to implement the web enabled utility billing payment option,
reviewing options for wireless internet services, reviewing options for consolidated color
printing/copying, and reviewing software options for public works infrastructure management.
4. CONCLUSION: Based upon revenue and expenditure information to date, I believe the General Fund
will end the year in line with the budget, and likely end with adequate funds to cover the 40% fund
balance requirement. All other funds are performing in line with the budget and projections.
DATE: July 15, 2005 for the City Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager through
Doran Cote, P.E., Director of Public Works
FROM: Stephen Deuth, Sr. Engineering Technici
SUBJECT: ACCEPT PETITION, ORDER PRELIMINARY ENGINEERING
REPORT, RECEIVE REPORT AND ORDER STREETLIGHT PROJECT
JORDAN'S RIDGE
ACTION REQUESTED: Make a motion to adopt the attached two resolutions accepting
the petition, ordering a preliminary engineering report, receiving report and ordering
streetlight project for Jordan's Ridge.
BACKGROUND: We have received a petition from 100% of the benefiting owners at
3765, 3775 and 3785 Black Oaks Lane requesting installation of one streetlight in Jordan's
Ridge. A report has been prepared for the project.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council
adopt the two attached resolutions accepting the petition, ordering the preliminary
engineering report, receiving the report and ordering one streetlight project for Jordan's
Ridge.
attachments: Petition
Preliminary Engineering Report
Xcel Energy Response Letter
Map
Resolutions
O- \Engineering\STRLGHTS\MEMOS\2005\CC_Jordan'sRidge_BlackOaksLane_AcptPet. doc
APR.29.2005 11:36AM CITY OF PLYMOUTH ENG
CITY OF PLYMOUTH
PETITION FOR STREET LIGHTING
No. P120
gs
CC4)
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street
lights in the following area:
We do hereby waive our right to public improvement hearings and special assessment hearings on thisimprovement,
V 0
DATE
Tj >>
C Ljam- L N
3%TD=
PRELIMINARY ENGINEERING REPORT
ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM
3765, 3775 and 3785 Black Oaks Lane
Attached to this report is a petition received from the subject property owners of
100% of the benefiting properties requesting a street light.
The project consists of the installation of one ornamental street light for the plat with
the light to be placed at the location shown on the attached map.
There is one (1) light at a monthly cost of $15.05 per light for a total cost of $32.70
bimonthly, including sales tax and contingencies at $.10 per lot per month. The project
would be billed on a bimonthly basis to all the lots in the addition, a total of three (3) lots,
which results in an estimated cost of $10.90 per lot per billing period.
The rate quoted above is dependent upon the operating cost for Xcel Energy under
contract franchise with the City of Plymouth.
The light will be their standard 10OW HPS Cobra on a fiberglass pole and the wiring
will be underground from the ground transformer.
The project is feasible and should be undertaken as outlined above.
DATED: July 26, 2005
6X"J, Reg. No
Ronald S. Quanbeck 19396
0 \Engineering\STRLGHTS\PRELRPTS\2005Uordan's Ridge_3775BIackOaks. doe
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XcelEnergy--
OUTDOOR LIGHTING
OJ my 13, 2005
City of Plymouth
Attn: Steve Deuth
14900 23rd Ave
Plymouth, NIN 55447
Dear Mr. Steve Dueth:
R25 Aloe ;bee(
St. PMA AIN 55117
tt was my pleasure talking to you the other day regarding Black Oaks of
Plymouth. As indicated in our conversation, there wound be no cost to the City of
Plymouth for adding a leased streetlight to an existing overhead pole.
The requested streetlight is a 10OW HPS traditional fixture mounted on an 18'
direct set fiberglass pole, located between 3765 and 3775 Black Oaks Lane (cul-
de-sac). Monthly per streetlight charge will be $14.84 on Xcel Energy's leased
program.
If the City of Plymouth wants Xoel Energy to install the pole and fixture at the
requested location, there will be underground construction costs.
If you have any further questions, please feel free to contact me at 651-229-
2400.
Xcel Energy Business Support
39TH AVE
39TH AVE
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Proposed Light Location
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CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF PRELIMINARY ENGINEERING
REPORT FOR STREET LIGHTING
JORDAN'S RIDGE
WHEREAS, a petition has been received from the property owners at 3765, 3775 and
3785 Black Oaks Lane requesting installation of ornamental residential street lighting in
the Jordan's Ridge Addition.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. A certain petition requesting the improvement of Jordan's Ridge by the installation
of residential ornamental street lighting, filed with the City Council on July 26,
2005, is hereby declared to be signed by the required percentage of owners of
property affected thereby. This declaration is made in conformance to Minnesota
Statutes Section 429.035.
2. The petition is signed by 100% of the affected property owners and they have
waived their rights to public improvement and special assessment hearings.
3. The petition is hereby referred to the City Engineer and he is instructed to report to
the City Council with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible and as to whether it should
best be made as proposed or in conjunction with some other improvement and the
estimated cost of the improvement as recommended.
Adopted by the City Council on July 26, 2005.
O: \ Eng i neer i ng\STRLG HTS\ R ESOL\ DEC LAD EQ\2005\Jordan'sRidge_OneLight_DecAdey Res. doc
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
RECEIVING PRELIMINARY ENGINEERING REPORT AND ORDERING
PROJECT FOR STREET LIGHTING
JORDAN'S RIDGE
WHEREAS, pursuant to a resolution of the Council adopted July 26, 2005, a report has been
prepared by the City Engineer with reference to the improvement of Jordan's Ridge by the
installation of one ornamental residential street light and this report was received by the
Council on July 26, 2005.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. The City Council finds and determines that said petition was signed by all the
owners of real property within the plat named as the location of the
improvement.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted July 26, 2005. The petitioners have waived their right to a public
hearing.
3. The City Engineer is hereby designated as the engineer for these improvements.
He shall coordinate the work which will be done by Xcel Energy.
Adopted by the City Council on July 26, 2005.
O: \Engineering\STRLGHTS\RESOL\REC V RPT\2005\Jordan'sRidge_OneLight_Rec Rpt_StLtRes. doc
DATE: July 15, 2005 for the City Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager through
Doran Cote, P.E., Director of Public Works
FROM: Stephen Deuth, Sr. Engineering Technician
SUBJECT: ACCEPT PETITION, ORDER PRELIMINARY ENGINEERING
REPORT, RECEIVE REPORT AND ORDER STREETLIGHT PROJECT
SAGAMORE CONDOMINIUMS
ACTION REQUESTED: Make a motion to adopt the attached resolution the attached two
resolutions accepting the petition, ordering a preliminary engineering report, receiving
report and ordering streetlight project for Sagamore Condominiums.
BACKGROUND: We have received a petition from 100% of the benefiting owners from
Sagamore Condominiums requesting installation of one streetlight in their development. A
report has been prepared for the project.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council
adopt the two attached resolutions accepting the petition, ordering the preliminary
engineering report, receiving the report and ordering the one streetlight project for
Sagamore Condominiums.
attachments: Petition
Preliminary Engineering Report
Xcel Energy Response Letter
Map
Resolutions
O: \Engineering\STRLGHTS\MEMOS\2005\CC_SagamoreCondos_AcptPet. doc
06/21/2005 13:24 5318327 BLUE STAR PROPERTIES PAGE 01
RAW Star Properties
COMMERCIAL & APARTMENT MANAGEMENT
7600 BASS LAKE ROAD
SUITE * 108
NEW HOPE, MN 55428
763-531-8336 • FAX 763.531.8327
E-MAIL: bluestorprop@ool.com
TUNE 21, 2005
CITY OF PLYMOUTH
3400 PLYMOUTH BLVD.
PLYMOUTH, MN 5.5447-1482
RE: STREET LIGHTING FOR SAGAMORE CONDOS
ATTN: STEVE DEUTH
DEAR MR. DE LITH:
I HAVE ENCLOSED THE PETITIONS FROM SAGAMORE" 5", 10600 -43RD. AV. NORTH,
AND SAGA MORF. "G', 10540 -43RD. AV. NORTH.
10004, OF THE; RESIDENTS SIGNED THIS PETITION. PLEASE LET ME KNOW IF THERE
IS ANYTHING FLSF. NEEDED.
YOU HAD MENTIONED IN YOUR FAX OF MAY 23 THAT YOU HAD INCLUDED A
DRAWING FROM XCEL SHOWING WHERE THE PROPOSED LIGHT WOULD BE LOCATED,
BUT THERE WASPs "T A DRAWING ATTACHED, PLEASE SEND ME A COPY OF THAT
DRAWING AND ANY IDEA OF THE TIME FRAME INVOLVED UNTIL THE INSTALLATION.
1 WISH TO THANK YOU FOR ALL THE HELP YOU HAVE GIVEN ME REGARDING THIS
ISSUE.
SINCERELY.
NNA R. HE WITT
06/2112005 13:24 5318327 BLUE STAR PROPERTIES
17'3AM r I T1r nF Fl_ YMN iTH ENr=
CITY OF PLYMOUTR
PETITION FOR STREET LIGHTING
PAGE 02
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the
in-SW186013 of street lights in the following area:
10600 -43RD. AV. NORTH,.PLYMOUTH; MN 55442 - SAGAMORE "5" Condos
We do hereby waive our right to public improvement hearings and special assessment hearings onthisimprovement.
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06/21;2005 13:24 5318327 BLUE STAR PROPERTIES PAGE 03
nP PLYM01.1TH Erik
CITY OF PLYMOUTH
PETITION FOR STREET LIGHTING
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the
installation of street lights in the following area:
10600 -43RD. Ay. NORTH, PLYMOUTH' MN 55442 - SAGAMORE "5" Condos
We do hereby waive our right to public improvement hearings end special uxaatneat hearings on
Chis i Dprovcmenc.
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5318327
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BLUE STAR PROPERTIES PAGE 04
CITY OF PLY MOUTH
PETITION FOR STREET LIGHTING
We, the undenigned, do hereby petition the City of Plymouth, Mayor and Council for the
installation of street lights in the following area:
10600 -43RD. AV. NORTH,.PLYMOUTH; MN 55442 - SAGAMORE "5" Condos
We do hereby waive 0"T right to public improvement hearings and special assessment hearings on
chis improvement.
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OF PLYMOUTH Eric
BLUE STAR PROPERTIES
CITY OF PLYMOUT'A
PETITION FOR STREET LIGHTING
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for theinstallationofstreetligbt3inthefollowingares:
10540 -43RD. AV, NORTH, PLYMOUTH,'MN 55442 SAGAMORE "6" CONDO ASSN,
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PAGE 05
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BLUE STAR PROPERTIES
CITY OF PLYMOUTH
PETITION FOR STREET LIGHTING
rK - ?EP
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the
installation of street ligbts in the following area;
10540 -43RD. V. NORTH, PLYMOUTH, MN 55442 SAGAMORE "b" CONDO ASSN.
PAGE 06
We do hereby waive our right to public improvement hearings and special assessment hearings on
this iruprovemem.
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06{2112005 13:24 5318327 BLUE STAR PROPERTIES
OF PLYMOI ITN EMC,
CITY OF PLYMOUTH)
PETITION FOR STREET LIGHTING
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for theinstallationofstreetIlgbtsinthefollowingarea:
10540 -43RD. AV, NORTH, PLYMOUTH, MN 55442 SAGAMORE "6" CONDO ASSN.
PAGE 07
We do hereby waive our right to public improvement hearing, and special assesament hearings onthisimprovement,
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PRELIMINARY ENGINEERING REPORT
ORNAMENTAL RESIDENTIAL STREET LIGHTING SYSTEM
SAGAMORE CONDOMINIUMS
Attached to this report is a petition received from the developer and/or property
owners of 100% of the property known as Sagamore Condominiums requesting a street
light.
The project consists of the installation of one ornamental street light for the plat with
the light to be placed at the location shown on the attached map.
There is one (1) light at a monthly cost of $9.03 per light for a total cost of $34.57
bimonthly, including sales tax and contingencies at $.10 per lot per month. The project
would be billed on a bimonthly basis to all the units in Sagamore, a total of seventy-two
72) units, which results in an estimated cost of $0.48 per unit per billing period.
The rate quoted above is dependent upon the operating cost for Xcel Energy under
contract franchise with the City of Plymouth.
The light will be their standard 10OW HPS Cobra Cutoff with a mast arm mount on
an existing wood pole and the wiring will be overhead from the pole mounted transformer.
The project is feasible and should be undertaken as outlined above.
DATED: July 26, 2005
r(V C'Z Reg. No
Ronald S. Quanbeck 19396
0 \Engineering\STRLGHTS\PRELRPTS\2005\SagamoreCondos. doc
XcelEnergysm
OUTDOOR LIGHTING
825 Rice Street
St. Paul, MN 55117
June 23, 2005
City of Plymouth
Attn: Steve Deuth
3400 Plymouth Blvd.
Plymouth, MN 55447
To Whom It May Concern:
Xcel Energy Outdoor Lighting was contact by Donna Hewitt, Property Manager at
Sagamore Town Homes in Plymouth with a request to install a streetlight on the
west side of 43rd Ave N, near the entrance to Sagamore Town Homes.
The location of the streetlight is on City property and we will need your approval
to install the streetlight. For your convenience, I have attached a map showing
where the streetlight will be installed.
The streetlight proposed to be installed is a 10OW high pressure sodium cobra
cutoff fixture with a mast arm mount on a wood pole. The monthly cost of the
streetlight will be $8.94 and is applied to the City of Plymouth's streetlight bill.
Please contact me if you have any questions regarding this request at 651-229-
2400.
Thank you,
Ed Bieging
Xcel Energy Business Support Analyst
Za
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43RD ASF
43RD AVE
ROCKFORD RD
Proposed Light Location
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CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
DECLARING ADEQUACY OF PETITION AND
ORDERING PREPARATION OF PRELIMINARY ENGINEERING
REPORT FOR STREET LIGHTING
SAGAMORE CONDOMINIUMS
WHEREAS, a petition has been received from the property owners from Sagamore
Condominiums requesting installation of ornamental residential street lighting in the
Sagamore Condominiums development.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. A certain petition requesting the improvement of Sagamore Condominiums by the
installation of residential ornamental street lighting, filed with the City Council on
July 26, 2005, is hereby declared to be signed by the required percentage of owners
of property affected thereby. This declaration is made in conformance to Minnesota
Statutes Section 429.035.
2. The petition is signed by 100% of the affected property owners and they have
waived their rights to public improvement and special assessment hearings.
3. The petition is hereby referred to the City Engineer and he is instructed to report to
the City Council with all convenient speed advising the Council in a preliminary
way as to whether the proposed improvement is feasible and as to whether it should
best be made as proposed or in conjunction with some other improvement and the
estimated cost of the improvement as recommended.
Adopted by the City Council on July 26, 2005.
O: \Engineer ing\STRLGHTS\RES OL\DEC LAD EQ\2005\Saga moreCondos_OneLight_DecAdegRes. doc
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
RECEIVING PRELIMINARY ENGINEERING REPORT AND ORDERING
PROJECT FOR STREET LIGHTING
SAGAMORE CONDOMINIUMS
WHEREAS, pursuant to a resolution of the Council adopted July 26, 2005, a report has been
prepared by the City Engineer with reference to the improvement of Sagamore Condominiums
by the installation of one ornamental residential street light and this report was received by the
Council on July 26, 2005.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. The City Council finds and determines that said petition was signed by all the
owners of real property within the plat named as the location of the
improvement.
2. Such improvement is hereby ordered as proposed in the Council resolution
adopted July 26, 2005. The petitioners have waived their right to a public
hearing.
3. The City Engineer is hereby designated as the engineer for these improvements.
He shall coordinate the work which will be done by Xcel Energy.
Adopted by the City Council on July 26, 2005.
O:\Engineering\STRLGHTS\RESOL\RECV RPT\2005\SagamoreCondos_OneLight_RecRpt_StURes.doe
DATE: July 15, 2005 for the City Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager through
Doran Cote, P.E., Director of Public Works
FROM: Stephen Deuth, Sr. Engineering Technician
SUBJECT: APPROVING AN ENCROACHMENT AGREEMENT FOR
CONSTRUCTING A BOULDER RETAINING WALL ON LOT 1,
BLOCK 1, SEVEN GREENS (15720 52nd AVENUE)
ACTION REQUESTED: Make a motion to adopt an encroachment agreement allowing
a boulder retaining wall to be constructed within the City's drainage and utility easement.
BACKGROUND: Anderson Engineering of Minnesota, LLC, on behalf of Swanson
Homes Inc. is requesting that the City enter into an agreement with Swanson Homes Inc.
to allow the construction of a boulder retaining wall within a public drainage/utility
easement.
The proposed 4 foot high wall will be constructed within the public easement parallel
with 52°d Avenue right-of-way. The face of the boulder wall will be at the right-of-
way/property line which is 12 feet from back of curb line. This distance still allows for
snow storage within the right-of-way. There are 2 mature trees that the developer wants
to preserve along with maintaining erosion control by constructing a retaining wall.
RECOMMENDATIONS AND CONCLUSIONS: The staff recommends that the City
Council adopt the attached resolution approving the Mayor and City Manager to sign the
Encroachment Agreement allowing for the construction of a boulder retaining wall within
the public drainage and utility easement.
attachment : Request Letter
Map
Encroachment Agreement
Resolution
O:\Engineering\GENERAL\AGREEMTS\M EMOS\CC_L 1_B I _SEV ENGREENS_SwansonTrustAm
ANDERSON ENGINEERING of Minnesota, LLC
CIVIL ENGINEERING & LAND SURVEYING
13605 1st Avenue North, Suite 100 • Plymouth, Minnesota 55441 • Tel: 763.383.1084 • Fax: 763.383.1089
July 7, 2005
Steve Deuth
City of Plymouth, Engineering Department
3400 Plymouth Blvd.
Plymouth, MN 55447-1482 VIA E-mail SDeuth@ci.plymouth.mn.us
Re: Request for construction of a boulder wall located along the front footage of
15720 52nd Ave North, legally known as Lot 1, Block 1, Seven Greens.
Dear Steve:
This letter is a request on behalf of the developer, for the construction of a boulder retaining wall that will fall outside
of the street right of way but within the drainage and utility easement located along the front of the property at 15720
52nd Ave N. Plymouth, MN
The parcel / Property ID is: 09-118-22-22-0009.
This wall is necessary to preserve mature trees presently growing at the top of the slope and keep erosion of the front
yard area to a minimum. This also provides the property with a usable flat front yard area that once landscaping is
completed will be esthetically pleasing and will fit into the character of the surrounding neighborhood.
The Engineering department staff has reviewed and verbally approved the plan for wall construction in the location as
shown on the drawing dated 7-5-05.
The developer, who is also the current owner of the property requests that the City place this request on the next
available City Council agenda for consent.
Please contact our office with any questions.
Respectfully,
Steve Lenz
Anderson Engineering of MN, LLC
763-383-1084
Cc: Curt Swanson, Swan Development LLC VIAE -mail curt@swansonhomes.com
Troy J. Gamble, P.E. VIA E-mail tgamble@ae-mn.com
LAND DEVELOPMENT • MUNICIPAL • HIGHWAYS • RAILROADS
SURVEYING e WETLANDS e ENVIRONMENTAL ASSESSMENTS
Page 1 of 1
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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 Mary C. Swanson Trust, ("Owner")
Recitals
A. Mary C. Swanson Trust owns real property in the City of Plymouth, County of
Hennepin, State of Minnesota legally described as Lot 1, Block 1, Seven Greens ("subject
property")
B. The City owns a drainage and utility easement over part of the subject property.
C. Owner is proposing that a boulder retaining wall be constructed within the City's
drainage and utility easement. See attached Exhibit A for detail.
NOW THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed by the parties as follows:
1. Encroachment Authorization. The City hereby approves the encroachment on
its easement for the proposed boulder retaining wall.
2. Access for Maintenance. At all reasonable times, the City shall have access to
the subject property for the purpose of maintaining and repairing the drainage and utility
O:\Engineering\GENERAL\AGREEMTS\Private Encroachment Agreements\EA_LI_BI_SevenGreens.doc
easement. In the event it becomes necessary for part or all of the boulder retaining wall to be
removed to allow for maintenance and repairs, such removal and subsequent replacement shall
be at the sole expense of the Owner.
3. Hold Harmless and Indemnity. In consideration of being allowed to encroach on
the City's drainage and utility easement, Owner, its successors and assigns, shall indemnify and
hold the City harmless from any damage caused to the subject property, including the boulder
retaining wall on the subject property, caused in whole or in part by the encroachment onto the
City's drainage and utility easement. The owner may be required to remove the boulder retaining
wall if it is deemed necessary by the City in order to exercise the purpose of the existing drainage
and utility easement.
4. RECORDING. This Agreement shall be recorded against the title to the subject
property.
CADocuments and Settings\Curt.SHTocal Settings\Temporary Internet Fi1es\Content.IE5\LWWNPD85\EA_LI_BI_SevenGreens.doc
an
CITY OF PLYMOUTH MARY C. SWANSON TRUST
Judy A. Johnson, Mayor
By:
Curtis E. S anon, in his capacity as trustee
of the Mary C. Swanson Marital Trust
Laurie Ahrens, City Manager
STATE OF MINNESOTA
M1
COUNTY OF HENNEPIN
The foregoing instrument was executed and acknowledged before me on this
day of 2005, by Judy A. Johnson and Laurie Ahrens, Mayor and
City Manager, respectively, of the City of Plymouth, a Minnesota municipal corporation.
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this //7Aay of , 2005,
he Ma C. Swanson Marital Trust, on behfff of he MaritalbyCurtisE. Swanson, trustee oft try
Trust.
BARBARA J. CLZ10 AW
wr• Notary Public
THIS INSTRUMENT DRAFTED BY
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
C\Documents and Settings\Curt.SH\Local Settings\Temporary Intemet Files\Content. IE5\LWWM'D85\PA LI BI_SevenGreens doe
EXHIBIT A
BOULDER WALL ENCROACHMENT AREA
LOT 1, BLOCK 1, SEVEN GREENS ADDITION
The southwesterly 5 feet of the southeasterly 110 feet; the southeasterly 5
feet of the northeasterly 20 feet of the southwesterly 25 feet; and the
southwesterly 10 feet of the northwesterly 10 feet of the southeasterly 120
feet of Lot 1, Block 1, SEVEN GREENS ADDITION, according to the
plat thereof Hennepin County, Minnesota.
a
LEGEND
WALL EASEMENT AREA
I JULY 7, 2005
PROPOSED 4- ------
BOULDER WALL
O
WALL EASEMENT EXHIBIT
LOT 1, BLOCK 1
SEVEN GREENS ADDITION
JULY 7, 2005
Anderson Engineering of Minnesota, LLC
C I V I L E N G I N E E R I N G A N D L A N D S U R V E Y I N G
13605 — IST AVENUE NORTH, SUITE IDO, PLYMOUTH, MN 55441 TEL (763) 383-1084 FAX (763) 383-10
CITY OF PLYMOUTH
RESOLUTION 2005 -
APPROVING ENCROACHMENT AGREEMENT FOR
THE CONSTRUCTION OF A BOULDER RETAINING WALL
ON LOT 1, BLOCK 1, SEVEN GREENS —15720 52nd AVENUE
WHEREAS, Anderson Engineering of Minnesota, LLC, on behalf of Swanson Homes, is requesting
the City to grant approval for the construction of a boulder retaining wall within a public drainage
and utility easement on the subject property; and
WHEREAS, the encroachment agreement only permits the encroachment of the boulder retaining
wall within the easement and all related facilities must still meet all applicable City codes; and
WHEREAS, the property is legally described as Lot 1, Block 1, Seven Greens;
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 construction of a
boulder retaining wall within a public drainage and utility easement on the subject property.
ADOPTED by the City Council this 26th day of July, 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 July 26, 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
O:\Engineering\GENERAL\AGREEMTS\RESOLUTIONS\Encroachment_Res_L l _B 1 _SE VENGREENS. doc
9, I
DATE: July 15, 2005, for Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager, through
Doran Cote, P.E., Director of Public Works
FROM: Ross A. Beckwith, P.E., Assistant City Engineer
SUBJECT: APPROVE FINAL RELEASE OF THE FINANCIAL GUARANTEE
ACTION REQUESTED: We have received a request from a developer to release
their financial guarantees to reflect 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. Harvest Hills (2001023)
attachment: Resolution
O:\En gin eering\GENERAL\MISC\Ross\FG-Memos\2005\FG07-26-05F.doc
RESOLUTION NO. 2005 -
FINAL RELEAST OF FINANCIAL GUARANTEES
HARVEST HILLS (2001023)
WHEREAS, in accordance with the development contract dated September 10, 2001 and revised on March
28, 2002, Town and Country Homes, developer of Harvest Hills (2001023), has agreed to install certain
improvements for said development; and
WHEREAS, the developer has completed the street, utility and site grading as noted below; and
WHEREAS, the developer has requested final release 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 are reduced as follows:
That the required financial guarantee for the above items be reduced as detailed above from $1,500 cash to
0 (zero) to reflect the completed work.
O:\Engineering\DE V LMNTS\2001 \2001023\Reso1\FGfina12001023. doc
ORIGINAL CURRENT NEW
ITEM AMOUNT AMOUNT AMOUNT
Street Construction 376,676 0- 0-
Schmidt Lake Road Street Construction 195,886 0- 0-
Sanitary Sewer 179,572 0- 0-
Watermain 114,780 0- 0-
Watermain — Schmidt Lake Road 36,470 0- 0-
Watermain — Holly Lane 59,809 0- 0-
Storm Sewer 283,505 0- 0-
Boulevard and Drainage Swale Sod 9,400 0- 0-
Rain Garden 5,000 1,500 0-
NURP Pond Construction 73,770 0- 0-
Street Signs (2 x 200) 400 0- 0-
Concrete Sidewalk 35,249 0- 0-
Park and Trail Improvements 22,069 0- 0-
Site Grading and Drainage Improvements 287,969 0- 0-
Setting Iron Monuments 8,000 0- 0-
Design, Administration, Inspection, As-Builts 202,627 0- 0-
TOTAL 1,891,182 1,500 0-
That the required financial guarantee for the above items be reduced as detailed above from $1,500 cash to
0 (zero) to reflect the completed work.
O:\Engineering\DE V LMNTS\2001 \2001023\Reso1\FGfina12001023. doc
RESOLUTION NO. 2005 -
HARVEST HILLS (2001023)
Page Two
FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section
8.1 of the approved Development Contract be reduced 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
Adopted by the City Council on July 26, 2005.
ORIGINAL CURRENT NEW
AMOUNT AMOUNT AMOUNT
1,000 $1,000 $-0-
0-
0-
0- $ -0-
O:\Engineering\DEV LMNTS\2001\2001023\Reso1\FGfina12001023, doc
Agenda Number: , / ,
TO: Laurie Ahr, , City Manager
FROM: Dale Hahninance Director
SUBJECT: Whistleblower Policy
DATE: July 18, 2005 for City Council meeting July 26, 2005
1. ACTION REQUESTED: Adopt the attached resolution approving a Whistleblower Policy
for the City of Plymouth.
2. BACKGROUND: At the June 14`h City Council study session, the Council discussed the
audit report, and directed staff to prepare a Whistleblower Policy and bring it to the City Council
for review and adoption.
3. DISCUSSION: A Whistleblower Policy is designed to encourage reporting of improper
conduct by an employee or official, and protects employees who have reported the improper
actions. The City Attorney has drafted a proposed policy in accordance with Minnesota Statute
181.932. It is designed to protect such conduct and provide such remedies as are set forth in the
Statute. After the policy is adopted, all employees will be notified, and the policy will be posted
on the City Intranet.
4. RECOMMENDATION: Adopt the attached resolution approving the attached
Whistleblower Policy.
WHISTLEBLOWER POLICY
CITY OF PLYMOUTH
This policy is adopted pursuant to and in accordance with the Minnesota Disclosure of
Information by Employees Statute, Minnesota Statute § 181.932, and is designed
specifically to protect such conduct and provide such remedies as are set forth in the
Statute.
Policy
It is the policy of the City of Plymouth:
a. To encourage the reporting by its elected officials and employees of improper
action taken by City elected officials or employees; and
b. To protect City employees who have reported improper government actions in
accordance with this policy.
Purpose
The City encourages the reporting of improper governmental action taken by any City
elected officials or employees, and the reporting of retaliatory actions for such reporting.
The City encourages initial reporting to the City to allow for expeditious resolution of all
such matters and to minimize any adverse impacts of the improper action. This policy
states the City's procedures for reporting improper governmental action and for
protecting employees against retaliatory actions.
Definitions
As used in this policy, the following terms shall have the meanings indicated:
Improper governmental action" means any action by a City elected official or
employee,
a. That is undertaken in the performance of the elected official's or
employee's official duties as a City employee, whether or not the action is
within the scope of the employee's employment; and
b. That (i) is in violation of any federal or state law or ordinance or rule
adopted pursuant to law, (ii) is an abuse of authority, (iii) is of substantial
and specific danger to the public health or safety or (iv) is a gross waste of
public funds.
2. "Improper governmental action" does not include personnel actions, including
employee grievances, complaints, appointments, promotions, transfers,
assignments, reassignments, reinstatements, restorations, reemployments,
performance evaluations, reductions in pay, dismissals, suspensions, demotions,
violations of collective bargaining or civil service laws, alleged violations of labor
agreements or reprimands.
Retaliatory action" means any adverse change in the terms and conditions of a
City employee's employment.
119361
4. "Emergency" means a circumstance that if not immediately changed may cause
damage to persons or property.
Whistleblower" is a person making a protected disclosure. The whistleblower's
role is as a reporting party. They are not investigators or finders of fact, nor do
they determine the appropriate corrective or remedial action that may be
warranted.
Procedures for Reporting
City employees who obtain knowledge of facts demonstrating improper governmental
actions should raise the issue with their Department Head, the City Manager, or the
appropriate governmental agency responsible for investigating such improper action. If
requested by the Department Head or the City Manager, the employee shall submit a
written report to the City stating in detail the basis for the employee's belief that an
improper governmental action has occurred.
An employee is not required to comply with the above procedure if they:
1. are reasonably certain that the activity, policy or practice is known to one or more
supervisors of the Employer and the situation is emergency in nature;
2. reasonably fear physical harm as a result of the disclosure provided; or
3. make the disclosure to a public body for the purpose of providing evidence of
what the employee reasonably believes to be a crime.
False Disclosure
City employees who fail to make a good -faith attempt to follow this policy in reporting
improper governmental action shall not receive the protections provided under this policy
or the Statute. Employees who make false reports may be subject to discipline.
Private Data
The Department Head or the City Manager, as the case may be, shall take prompt action
to assist the City in properly investigating the report of improper governmental action.
City elected officials, the City Manager, Department Heads, and employees involved in
the investigation shall keep the identity of reporting employees private to the extent
possible under the law, unless the employee authorizes the disclosure of his or her
identity according with the State law. After an investigation has been completed, the
employee reporting the improper governmental action shall be advised of the summary of
the results of the investigation, if authorized by law.
Protection Against Retaliatory Actions
City elected officials, the City Manager, Department Heads and employees are prohibited
from taking retaliatory action against the City employee because he or she has in good
faith reported an improper governmental action in accordance with this policy.
Employees who believe that they have been retaliated against for reporting an improper
governmental action should advise their Department heads or the City Manager. The
City Manager and Department Heads shall take appropriate action to investigate and
119361 2
address complaints of retaliation. If the City Manager does not satisfactorily resolve an
employee's complaint that he or she has been retaliated against in violation of this Policy,
the employee, in accordance with the law, may institute a civil action in the District
Court.
Responsibilities for Implementing the Policy
The City Manager is responsible for implementing the City's policies and procedures: (1)
for reporting improper governmental actions, and (2) for protecting employees against
retaliatory actions. The City will, to the extent it considers practical, provide training and
education on the Whistleblower Policy. The City Manager, Department Heads, and
supervisors are responsible for insuring that this policy is fully implemented within their
areas of responsibility.
Violations of this policy may result in disciplinary action.
119361
CITY OF PLYMOUTH
RESOLUTION 2005 -
APPROVING WHISTLEBLOWER POLICY
WHEREAS, the City Attorney has prepared a Whistleblower Policy in accordance with
Minnesota Statute 181.932, and
WHEREAS, the policy is designed to protect such conduct and provide such remedies as
set forth in the Statute, and
WHERAS, the City Council has reviewed and agrees with the attached Policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, the attached Whistleblower Policy is hereby
adopted.
Adopted by the City Council on July 26, 2005
Agenda Number:
TO: Laurie Ahrens, City Manager
FROM: Barbara Cox, Administrative Services Manager
THROUGH: Michael S.Goldstein, Chief of Police
SUBJECT: RESOL UTION A UTHORIZING THE CITY MANAGER AND THE
POLICE CHIEF TO CONDUCT THE 2005 DEER MANAGEMENT
PROGRAM
DATE: July 19, 2005 for the July 26, 2005 City Council meeting
1. ACTION REQUESTED: The City Council authorizing the City Manager and the Police
Chief to conduct the Deer Management Program for 2005.
2. BACKGROUND: The City continues to experience problems with the over population of
deer. In an effort to address this problem the City has participated in the metro bow hunt in
the Northwest corner of the City every fall since 1992. This has been determined by the
DNR to be an effective method of population control. The Northwest corner of the City is the
only area with large enough lots of property to allow safe bow hunting.
The City Ordinance states that each year, on or before August 1, the City Manager shall
determine and report to the Council if the public safety and conservation interests justify
allowing a bow deer hunting season for the up coming season. The City Council will then
make a determination whether the City is authorized to issue permits for the up coming
season. We are still experiencing the problem of small deer herds causing damage in areas
of the City outside the designated hunt area. The City did obtain a special permit to trap deer
in an attempt to address this problem. We have been successful in the past with this project
also and would like to continue that program, which is administered with special conditions
that are listed below.
3. ALTERNATIVES: The alternative is not to participate in the metro bow deer hunt this
season.
4. DISCUSSION: The Police Department believes the hunts in the past several years have
been successful in assisting with the control of the deer population. Information obtained
back in 1993, from Larry Gillette with Hennepin County, is that a city the size of Plymouth,
with our make up, should have a herd population of 200 or less. With more development in
the City, that recommended herd size would go down. Information we have received from
the DNR is that they recommend us staying with the program, as even sitting out one year
could set back the progress that has taken several years to obtain. Our program has been one
of the least controversial and most successful in the metro areas.
Attached are several items including the report on the 2004 bow hunting results within the
community as well as the aerial survey and accident report. You will note that the number of
deer in the aerial survey has gone down; however, the number of motor vehicle accidents
within the City involving deer has gone up. This is very indicative of the public safety
concern and the need to reduce the herd size.
Along with participating in the metro bow hunt, we would like to continue the trapping
program under the following conditions:
All residents in the effected area would be notified of the problem, request for trapping
and agree to be in support of the project.
The Park Superintendent would survey the area and determine if trapping could be safely
done.
The Park Superintendent would work with the DNR to assure compliance with their
special permit.
5. BUDGET IMPACT: There is no budget impact. Permits would be $10 each to cover costs.
6. RECOMMENDATION: The Police Department recommends the Council adopt the
resolution authorizing the City Manager and Police Chief to coordinate the Deer Management
Program for 2005 to include participation in the metro deer bow hunt and special trapping as
outlined above.
DATE: February 14, 2005
TO: Chief Mike Goldstein and Mark Peterson
FROM: Lt.Craig Lindman
SUBJECT: 2004 Plymouth Bow Hunt Results
There were a total of 60 people that had applied for bow hunting for the 2004 season.
One person did not report their results as per required. Mr. Anthony Stach has been sent a
certified letter explaining that he will not be eligible for the 2005 season.
2004 BOW HUNTING RESULTS
Adult Male 8
Adult Female 20
Male Fawn 4
Female Fawn 0
Total 32
2003 BOW HUNTING RESULTS 2002 BOW HUNTING RESULTS
Adult Male 10 Adult Male 7
Adult Female 25 Adult Female 10
Male Fawn 1 Male Fawn 1
Female Fawn 1 Female Fawn 1
Total 37 Total 19
There has been a 14% decrease in harvest from 2003 to 2004, however the 2004 harvest is a 41%
increase over 2002.
CITY OF PLYMOUTH
DEER VS
MOTOR VEHICLE
ACCIDENTS
YEAR TOTAL chg
1986 140 0%
1987 140 0%
1988 139 1%
1989 131 6%
1990 127 3%
1991 115 9%
1992 134 17%
1993 79 41%
1994 92 16%
1995 90 2%
1996 82 9%
1997 73 11%
1998 86 18%
1999 72 16%
2000 58 19%
2001 55 5%
2002 49 11%
2003 47 4%
2004 68 45%
CITY OF PLYMOUTH
AERIAL DEER SURVEYS
YEAR OF DEER
1984 195
1988 255
1991 261
1992 477
1993 478
1994 %.O --r 361
1996 320
1997 258
1998 180
1999 174
2000 211
2001 322
2003 273
2004 351
2005 292
OF DEER
600
500
400
300
200
100
0
P °'P'o °'PIP
o00
00
ooh
ti ( ti
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
RESOLUTION AUTHORIZING THE CITY MANAGER AND THE POLICE CHIEF
TO CONDUCT THE 2005 DEER MANAGEMENT PROGRAM
WHEREAS, local deer management experts have suggested that the deer herd
population in the City of Plymouth be limited to 200 or less; and
WHEREAS, the current population is higher than the recommended level; and
WHEREAS, the Deer Management Program's metro bow hunt and trapping
practice have offered success.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF PLYMOUTH, the City Council adopt the resolution authorizing the
City Manager and the Police Chief to conduct the 2005 Deer Management Program.
Adopted by the City Council on
Agenda Number: b, I L
TO: Laurie Ahrens, City Manager
FROM: Jackie Foss, Accounting Technician, through Dale E. Hahn, Finance
Director
SUBJECT: DECLARING COST AND SETTING PUBLIC HEARING FOR 2005
DELINQUENT WATER, SEWER, RECYCLING, SURFACE WATER
FEE AND STREET LIGHTING SERVICE CHARGES.
DATE: July 18, 2005 for City Council Meeting July 26, 2005
1. ACTION REQUESTED: Adopt the attached resolutions declaring the cost to be assessed
and ordering the preparation of the assessment rolls and the necessary resolutions setting
September 13, 2005 for the Public Hearing for 2005 Delinquent Water, Sewer, Recycling,
Surface Water Fee and Street Lighting.
2. BACKGROUND: The City Code provides that: Annually all delinquent accounts shall be
certified to the City Manager who shall prepare assessment rolls providing for assessment of
the delinquent amounts against the respective properties served. The assessment rolls shall
be delivered to the City Council. The total 2005 cost is $135,920.99 for Delinquent Utilities.
The total 2005 cost to be assessed is for 465 properties.
3 RECOMMENDATION: Attached is the resolution declaring the cost to be assessed and
ordering the preparation of the assessment roll. The resolution sets September 13, 2005 for
the Public Hearing for Delinquent Water, Sewer, Recycling, Surface Water Fee and Street
Lighting. It is recommended that the City Council adopt the attached resolution.
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF
PROPOSED ASSESSMENT FOR DELINQUENT WATER, SEWER, RECYCLING,
SURFACE WATER FEE AND STREET LIGHTING SERVICE CHARGES
WHEREAS, pursuant to the provision of Minnesota Statutes Sections 444.075, 429.101, and
443.015 and Plymouth City Code Sections 715.03, 720.16, 730.13, and 600.25 a determination
has been made that certain charges for delinquent water, sewer, recycling, surface water fee and
street lighting service charges have not been paid as provided by law, and the total amount of
such charges is $135,920.99.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
The amount of delinquent utilities to be specially assessed is hereby declared
to be $135,920.99.
2. The City Clerk, with the assistance of the Director of Finance, shall forthwith
calculate the proper amount to be specially assessed as provided by law; and
the clerk shall file a copy of such proposed assessment in the office of the City
Clerk for public inspection.
3. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the City Council on July 26, 2005.
CITY OF PLYMOUTH
RESOLUTION NO. 2005 -
CALLING FOR PUBLIC HEARING ON PROPOSED ASSESSMENT
DELINQUENT WATER, SEWER, RECYCLING, SURFACE WATER FEE
AND STREET LIGHTING SERVICE CHARGES
WHEREAS, by a resolution passed by the Council on July 26, 2005, the City Clerk was directed
to prepare a proposed assessment for certain charges for the delinquent water, sewer, recycling,
surface water fee and street lighting service charges as provided by law; and
WHEREAS, the Clerk has notified the Council that such proposed assessment has been
completed and filed in the office of the City Clerk for public inspection;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. A public hearing shall be held on the 13th day of September, 2005 in the
Black Box Theater at the Plymouth Creek Center, 14800 34th Ave N,
Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and
at such time and place all persons owning property affected by such charges
will be given an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing on the
proposed assessment to be published once in the official newspaper at least
two weeks prior to the hearing, and shall state in the notice the total amount of
the assessment. The Clerk shall also cause mailed notice to be given to the
owner of each parcel described in the assessment roll.
Adopted by the City Council on July 26, 2005.
Agenda Number: t
CITY OF PLYMOUTH F
CITY COUNCIL AGENDA'REPORT - r
DATE: July 19, 2005 for the City Council Meeting of July 26, 2005
TO: Laurie Ahrens, City Manager
FROM: Tom Vetsch Public Works Superintendent through Doran Cote, Director of
Public Works
SUBJECT: WATER TOWER SITE ANTENNA AGREEMENT NEXTEL WEST CORP.
ACTION REQUESTED: Make a motion to adopt the attached resolution approving the
agreement with Nextel West Corp. to locate communication antennas on the City's Central
Water tower located on the City mainteneance facility property
BACKGROUND: As a result of deregulation of the telecommunication industry and the
advancement of newer technology, private companies are continuing to offer new wireless
telecommunication services in this area or to improve it. These services include cellular
telephones for personal communication service.
In the summer of 1996, the City revised the zoning ordinance to have current zoning
provisions for the location of towers and antennas. The zoning ordinance encourages the
locating of these new antenna systems on public structures such as water towers. On October
2, 1996, the City Council adopted a policy regarding the locating of these antennas on City
property or City water towers.
The City has received an application from Nextel West Corp. to locate antennas on one of the
City water towers. The requested tower location is 14900 23rd Ave N (Central Water Tower)
A structural analysis will need to be prepared to verify that the water tower is capable of
supporting these type of antennas before any work begins. Also, general specifications have
been prepared on the modifications which will be required to the water towers to support the
antennas. All new antenna and supporting structure on the water tower will be required to be
painted to blend in with the existing water tower.
Pub works/maint/centralequip/antennas/Nexteloncentral/agenda7.13.05
SUBJECT: WATER TOWER SITE ANTENNA AGREEMENT Page 2
The antennas for this type of service consist of panels which are approximately 6 inches wide and
8 feet high. For the service and coverage necessary, there are a total of 12 panels associated with
one antenna. The panels are grouped at three locations at approximately 120 degrees separation
in order that there is full coverage for service surrounding the water tower.
City Attorney Roger Knutson has review and approved a standard agreement for the use of the
City water towers for these antennas. The basic provisions are as follows:
1. This agreement is for the Central Water Tower. There are attachments to the
agreement indicating the location of the water tower and the detailed information on
the installation of the antenna for this tower.
2. Any additional maintenance expense incurred by the City for the water tower as a
result of the antennas is the responsibility of Nextel West Corp.
3. The lease is for a five year initial term with Nextel West Corp. having the option to
renew the agreement for three additional five year terms.
4. The fee which must be paid to the City for the first year of the initial five year term is
17,500.00 and thereafter for the duration of this agreement the annual fee shall
increase by three percent (3%) each year and shall be paid on January 1St of each year.
5. Nextel West Corp. is responsible to pay the personal property taxes which will be
assessed by the County for their equipment.
6. The standard insurance and other provisions deemed necessary by the City Attorney
are included in the agreement.
The City currently has leases with Sprint, Nextel, T- Mobile and U.S. West.
ALTERNATIVES: The City is required to make provisions for the erection of communication
antennas as part of the rules adopted by the Federal Government. The provisions adopted by the
City encourage antennas to be located on existing structures such as water towers in lieu of
erecting separate towers for the antennas. If the City denies the locating of antennas on our water
towers, we could expect a request to construct a free standing tower.
Pub works/maint/centralequip/antennas/Nexteloncentral/agenda7.13.05
SUBJECT: WATER TOWER SITE ANTENNA AGREEMENT Page 3
BUDGET IMPACT: The agreement requires Nextel West Corp. to pay all additional costs
incurred on maintenance of the water tower as a result of their antennas. For this reason, there
will be no budget impact associated with maintenance of the water towers. The City will receive
a minimum payment of $17,500.00 to locate antennas on the Central Water Tower in accordance
with the City adopted policy, one-half of these funds would go to the Water Operation Fund and
the other one-half to the General Fund.
RECOMMENDATIONS AND CONCLUSIONS: In order to eliminate free standing towers for
antennas associated with the new technology for communications, it is recommended that the
City Council approve the agreement with Nextel West Corp. for locating antennas on the Central
Water Tower. The agreement prepared by the City Attorney protects the City's interest and is
similar to other agreements which the City Attorney has prepared for previous antennas.
It is recommended that the City Council adopt the attached resolution authorizing the Mayor and
City Manager to enter into the agreement on behalf of the City.
Attachments:
Resolution
Policy
Lease
MOA
Pub works/maint/centralequip/antennas/Nexteloncentral/agenda7.13.05
PLYMOUTH CITY COUNCIL
Policy Statement Regarding the Use of City Owned Land for
Wireless Telecommunication Antennas and Towers
Approved , 1996
1. Introduction
The City of Plymouth has received requests from wireless telecommunication
providers to place wireless telecommunication antennas and towers on City owned
property. The Plymouth City Council has determined that a uniform policy for
reviewing and or approving these requests is desirable.
2. Priority of Users
Priority for the use of City owned land for wireless telecommunication antennas and
towers will be given to the following entities in descending order:
A. City of Plymouth
B. Public safety agencies, including law enforcement, fire, and ambulance services,
which are not part of the City of Plymouth and private entities with a public safety
agreement with the City of Plymouth.
C. Other governmental agencies, for uses which are not related to public safety; and,
D. Entities providing licensed commercial wireless telecommunication services
including cellular, personal communication services (PCS), specialized mobilized
radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar
services that are marketed to the general public.
3. Minimum Requirements
The placement of wireless telecommunication antennas or towers on City owned
property must comply with all zoning ordinances and the following requirements.
A. The antennas or tower will not interfere with the purpose for which the City
owned property is intended;
B. The applicant is willing to obtain adequate liability insurance and commit to a
lease agreement which includes equitable compensation for the use of public land
and other necessary provisions and safeguards. The fees shall be established by
the City Council after considering comparable rates in other cities, potential
expenses, risks to the City, and other appropriate factors;
C. The applicant will submit a letter of credit, performance bond, or other security
acceptable to the City to cover the costs of the antenna or tower's removal;
D. The antennas or tower will not interfere with other users who have a higher
priority as discussed in Section 2. A certificate of "Non Interference" may be
required.
E. Upon reasonable notice, the antennas or tower may be required to be removed at
the user's expense.
F. The applicant must reimburse the City for any costs which the City incurs because
of the presence of the applicant's antennas or tower and, the applicant must
Maint\pubwks\cente q\mis c\antennas
reimburse the City for any cost that the City incurs for testing and analysis. An
example would be structural analysis of the City's buildings, towers or other
structures.
G. The user must obtain all necessary land use approvals.
H. Depending on the site location the City may require a building to house the
applicants equipment, concrete slab, a security fence, and plantings to screen the
equipment and to enhance the aesthetics of the area.
I. The applicant may be required to supply a computer image of proposed location
with equipment mounted or installed and will usually be required to camouflage
some or all equipment to match existing city property.
J. Multiple users of a city site will coordinate their efforts to minimize space needs.
Subsequent applicants may be required to modify items covered in 3H.
K. The applicant will be responsible for the security of it's own equipment.
4. Special Requirements
The use of certain -City owned property, such as water tower sites and parks, for
wireless telecommunication antennas or towers brings with it special concerns due to
the unique nature of these sites. The placement of wireless telecommunication
antennas or towers on these special City owned sites will be allowed only when the
following additional requirements are met.
A. Water Tower or Reservoir Sites - The City's water towers and reservoirs
represent a large public investment in water pressure stabilization and peak
capacity reserves. Protection of the quality of the City's water supply is of prime
importance to the City. As access to the City's water storage systems increases,
so too increases the potential for contamination of the public water supply. For
these reasons, the placement of wireless telecommunication antennas or towers on
watertower or reservoir sites will be allowed only when the City is fully satisfied
that the following requirements are met.
1. The applicant's access to the facility will not increase the risks of
contamination to the City's water supply;
2. There is sufficient room on the structure and/or on the grounds to
accommodate the applicant's facility;
3. The presence of the facility will not increase the water tower or reservoir
maintenance cost to the City; and
4. The presence of the facility will not be harmful to the health of workers
maintaining the water tower or reservoir.
5. Applicants will assume responsibility to temporarily relocate their equipment
if necessary when water towers or reservoirs need maintenance work done. An
example would be painting.
6. The city owned structure must be fully capable of supporting the applicants
equipment. A certificate of structural soundness will be required from a
structural engineer.
Maint\pubwks\c ente q`anis c\antennas
B. Parks - The presence of certain wireless telecommunication antennas or towers
represents a potential conflict with the purpose of some City owned parks. In no
case shall towers be allowed in designated conservation areas. Wireless
telecommunication antennas or towers will be considered only in the following
parks after the recommendation of the Parks and Recreation Commission and
approval of the City Council.
1. Public parks of a sufficient scale and character that are adjacent to an existing
commercial or industrial use;
2. Commercial recreation areas and major playfields, and;
3. Park maintenance facilities.
5. Application Process
All applicants who wish to locate a wireless telecommunication antenna or tower on
City owned property must submit to the Director of Public Works a completed
application and detailed plan. Also, an application must be submitted to the
Community Development Department that complies with the submittal requirements
of the Zoning Ordinance along with other pertinent information requested by the City.
6. Termination
The City Council may terminate any lease if it determines that any one of the
following conditions exist:
A. A potential user with a higher priority cannot find another adequate location and
the potential use would be incompatible with the existing use;
B. A user's frequency broadcast unreasonably interferes with other users of a higher
priority, regardless of whether or not this interference was adequately predicted in
the technical analysis; or,
C. A user violates any of the standards in this policy or the conditions attached to the
City's permission.
Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it, and provide an opportunity for the user to address
the City Council regarding the proposed action. This procedure need not be followed
in emergency situations.
7. Reservation of Right
Notwithstanding the above, the City Council reserves the right to deny, for any
reason, the use of any or all City owned property by any one or all applicants.
Maint\pubwks\cente q\misc`antennas
8. Use of Revenue
All revenue generated through the lease of City owned property for wireless
telecommunication towers and antennas shall be made payable to the City of
Plymouth and transmitted to the City's Department of Finance.
Revenue shall be credited as follows:
A. One-half to the Water Operation Fund and one-half to the General Fund when
located on water utility property.
B. All to the General Fund when the wireless telecommunication towers and
antennas are located on any other City property.
Maint\pubwks\c enteq\misc\antennas
AGREEMENT
between
CITY OF PLYMOUTH
and
NEXTEL WEST CORP., A DELAWARE CORPORATION,
D/B/A NEXTEL COMMUNICATIONS
NEXTEL SITE # 1V N0260)
Dated: , 2005
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452-5000
RNK:sm
CADoc=ents and SemngsUvetsch`L3cal Settings\Tempos , Int=m Riles\OLCBS',Limic X0_60 VE`CiEL LEGAL. CONMENTS 6 '_S 051.doc
TABLE OF CONTENTS
Section One - Property and Premises...............................................................................................1
Section Two - Use and Maintenance ................ ..........2
SectionThree - Term.......................................................................................................................5
SectionFour - Fee............................................................................................................................6
SectionFive - Interference...............................................................................................................6
Section Six - Improvements; Utilities; Access................................................................................8
Section Seven - Termination............................................................................................................9
SectionEight - Taxes.....................................................................................................................10
SectionNine - Insurance................................................................................................................11
Section Ten - Destruction of Premises...........................................................................................12
Section Eleven - Condemnation..........::.........................................................................................12
SectionTwelve - Notices...............................................................................................................13
SectionThirteen - Indemnity.........................................................................................................13
Section Fourteen - Assignment......................................................................................................15
Section Fifteen - Binding Effect; Successors and Assigns 16
Section Sixteen - Waiver of City's Lien.........................................................................................16
Section Seventeen - Miscellaneous..............................................................................................167
Exhibits — A thru E ...................... ............................................................... 19-24
C:\Documents and Settings\tvetscYLocal Senings\Temporary Intemct Fiies\0LF.B8\Limit MN0260 hrJXiEL LEGAL COMMENTS 6 28 051.doc
i
AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this DATE , 2005 between
the CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth
Boulevard, Plymouth, Minnesota 55447-1482 ("City"), and Nextel West Corp., a Delaware
corporation, d/b/a Nextel Communications, with offices at 400 West Grand Avenue, Elmhurst,
Illinois 60126 ("Operator")
FOR GOOD AND VALUABLE CONSIDERATION, the parties agree as follows:
SECTION ONE
Property and Premises
Subject to the following terms and conditions, City hereby grants to Operator the non-
exclusive right to utilize, for the purposes outlined herein, a portion of the real property (the
Property") described in Exhibit "A" attached hereto, and Operator shall have the exclusive use
of that portion of the Property designated as "exclusive" on Exhibit "B" attached hereto.
Operator's exclusive use of the Property shall be limited to that portion of the Property which is
shown on Exhibit "B", together with non-exclusive easements for access and utilities
collectively the "Premises"). The primary purposes of the City's ownership of the Property is to:
a) operate and maintain a municipal water tower so as to provide water service to residents of
Plymouth; (b) provide a well for water supply; and/or (c) provide a maintenance facility for
City use.
C'Documents and Settingskvetsch\Local SettingsYfemporary Internet Files\OLKBS\Limit MN0260 NE\= LEGAL CONM=S 6 28 OSl.doc
SECTION TWO
Use and Maintenance
A. The Premises shall be used by Operator solely for the purpose of constructing,
maintaining, and operating a personal communications services facility thereon and uses
incidental thereto which are not inconsistent with the City's use of the Property. Operator shall
have the right to place on the Premises, at its own cost and expense, certain equipment. The
equipment and structure to be located upon the Premises shall blend in with its surroundings and
is described in detail on Exhibit "C" attached hereto. The design, screening, and aesthetics of the
antennas, panels, waveguide, structures and other external equipment shall be subject to the
City's approval which shall not be unreasonably withheld or delayed. Any proposed alterations
or modifications shall be approved by City before such alterations or modifications are
undertaken, and which approval shall not be unreasonably withheld or delayed.
B. Pursuant to Operator's regulatory communication licenses and subject to the terms
of this Agreement, Operator may have use of the Premises for the transmission and reception of
radio communication signals in the frequencies permitted under Exhibit "D" of this Agreement
and by the Federal Communication Commission for communications broadcasting, for the
construction and maintenance of related facilities. The use of the Premises by Operator under
this Agreement shall at all -times be in accordance with the Policy Statement Regarding the Use
of City Owned Land for Wireless Telecommunications Antennas and Towers attached hereto as
Exhibit "E". Subject to the terms herein, City agrees to cooperate with Operator in obtaining, at
Operator's expense, all licenses and permits required for Operator's use of the Premises (the
Governmental Approvals"). In addition, as long as the foregoing activities do not materially
interfere with the City's use of the Property, City agrees to allow Operator to perform, at its own
expense, surveys, soil testing and other engineering procedures on, under, and over the Property
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necessary to determine that Operator's use of the Premises will be compatible with Operator's
engineering specifications, system design and Governmental Approvals.
C. Operator agrees to pay for the cost of utility service including emergency power,
if any. Operator shall provide separate meters for all utilities.
D. Operator shall be allowed reasonable unrestricted access to the Premises
twenty-four (24) hours a day, 365 days a year for the purposes of above stated use of the
Premises. If City maintenance employees are called in after regular working hours, the Operator
shall reimburse the City for costs incurred.
E. Operator shall not utilize the Premises to transmit at 900 mhz or for paging
purposes.
F. Maintenance.
Operator shall, at its own expense, maintain any of Operator's equipment
on or attached to the property in a safe condition, in good repair, and in a manner
reasonably suitable to City so as not to conflict with the use or other leases of the
property by City. Operator shall not unreasonably interfere with the working use of the
property, related facilities, or other equipment of additional Operators.
2. Operator shall have sole responsibility for the maintenance, repair, and
security of the Premises and shall keep the same in good repair and condition during the
Lease term.
Operator must keep the Premises free of debris and anything of a
dangerous, noxious or offensive nature, or which would create a hazard, undue vibration,
heat, noise, interference, etc.
4. In the event the City repaints, repairs, or maintains its Tower, it shall be
the responsibility of the Operator to provide adequate measures to cover Operator's
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equipment, personal property, or Antenna Facilities and protect such from paint and
debris fallout or damage which may occur during the paint restoration, repair, or
maintenance process.
5. Any additional expense of repainting, repairing, or maintaining City's
property caused by Operator's Antenna Facilities, shall be paid promptly by Operator to
City upon City's notice to Operator of such additional cost.
6. Operator shall remove its Antenna Facilities at Operator's cost, upon
reasonable notice to allow maintenance, repair, repainting, restoration, or other activity as
required by City. There may be scheduled interruptions in use of the Antenna Facilities.
Except in the case of an emergency, City shall give Operator thirty (30) days' notice of
repair, repainting, or restoration. In case of an emergency, City may remove Operator's
Antenna Facilities, but shall notify Operator by telephone within a reasonable time. An
emergency" shall be deemed to exist only in those situations which constitute an
immediate threat to the health or safety of the public or immediate danger to the property.
In the event the use of Operator's Antenna Facilities is interrupted, Operator shall have
the right to maintain mobile cellular sites on wheels on the property or, after approved by
City, on any land owned or controlled by City in the immediate area of the property.
G. Compliance with Statutes, Regulations, and Approvals. It is understood that
Operator's use of the property herein is contingent upon its obtaining all certificates, permits,
zoning, and other approvals that may be required by any federal, state, or local authority
including engineering study, radio frequency interference study, etc.). Operator's Antenna
Facilities and any other facilities shall be erected, maintained, and operated in accordance with
site standards, state statutes, rules, and regulations now in effect or that thereafter may be issued
by the FCC and related governing bodies.
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SECTION THREE
Term
The term of this Agreement shall be five (5) years ("Initial Term"), commencing October
1, 2005 or upon commencement of construction of Operator's facility, which ever first
occurs (the "Commencement Date") and terminating at midnight on the last day of the month in
which the fifth anniversary of the Commencement Date shall have occurred. Operator shall have
the right to extend this Agreement for t-,ve three (23) additional five-year terms ("Renewal
Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein.
This Agreement shall automatically be renewed for a Renewal Term unless Operator shall notify
City of Operator's intention not to renew this Agreement at least thirty (30) days prior to the
expiration of the term or any Renewal Term. Prior to the expiration of the second Renewal
Term, City and Operator may negotiate the extension of this Agreement for an additional five (5)
year term on terms acceptable to City and Operator.
SECTION FOUR
Fee
A. On or before the Commencement Date Operator shall pay City, as a fee for the
first year of the Initial Term, the 3„ e f- Sixt . •rt„-.,,san and ne/ nn D, liars ($60,000 .00) ;
B. V1.JV11 VV111111V11V V1I1 VIit of the siHth year- (the fifst of the Renewal ,
an annual fee shall be of Seventeen Thousand Five Hundred and no/100 Dollars ($17,500.00)
and thereafter for the duration of this Agreement the annual fee shall increase by three percent
3%) each year, and shall be payable on January 1st of each year commencing in the year to the
City at City's address specified in Section 12 below.
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SECTION FIVE
Interference
Operator's installation, operation, and maintenance of its transmission facilities shall not
damage or interfere in any way with City's Tower operations or related repair and maintenance
activities. Operator agrees to cease all such actions, which materially interfere with City's use of
the Tower immediately upon actual notice of such interference;; provided, however, in such case,
Operator shall have the right to terminate this Lease. City, at all times during this Lease, reserves
the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or
improve the property in connection with Tower operations as may be necessary. The City agrees
to give reasonable advance notice of any such activities to the Operator and to reasonably
cooperate with Operator to carry out such activities with a minimum amount of interference with
Operator's transmission operations.
Before placement of Antenna Facilities, Operator shall provide City with an interference
study acceptable to City, indicating that Operator's intended use will not interfere with any
existing communications facilities on the Tower. The City, at the Operator's expense, shall have
a structural engineering study completed, indicating whether the Tower is able to structurally
support Operator's additional Antenna Facilities without prejudice to the City's primary use of
the Tower as a water storage, public works, and public safety communications facility.
City in no way guarantees to Operator subsequent noninterference with Operator's
transmission operations, provided, however, that in the event any other party, except a
governmental unit, office, or agency, requests permission to place any type of additional antenna
or transmission facility on the property, the procedures of this Section Five shall govern to
determine whether such antenna or transmission facility will interfere with Operator's
transmission operations.
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If City receives any such request from an entity requesting to use the property for
communications purposes ("Requester"), City shall submit the Requester's proposal, complete
with all technical specifications reasonably requested by Operator, to Operator for review for
noninterference. Operator shall have thirty (30) days following receipt of said proposal to make
any objections thereto, and failure to make any objection within said thirty (30) day period shall
be deemed consent by Operator to the installation of antennas or transmission facilities pursuant
to said proposal. If Operator gives notice of objection due to interference during such thirty_ (30)
day period and Operator's objections are verified by City to be valid, then City shall not proceed
with such proposal. The Requester shall be responsible for the expenses incurred in any
independent validation of Operator's interference objections -4 provided, however, should the
independent analysis conclude that Operator's interference objections are invalid, Operator shall
be responsible for any independent validation fees. An emergency, city, public works, or public
safety governmental unit may be allowed to place antenna or other communications facilities on
the Tower regardless of potential or actual interference with Operator's use, provided, however,
if Operator's use of the property is materially affected, Operator may terminate this Lease
without penalty, and provided further, that if a Requester is granted approval to use the property
for communications purposes and thereafter Operator's use of the property is materially affected,
Operator shall have the right to terminate this Lease without penalty and shall have the right to
seek relief against such Requester, including damages and/or injunctive or other equitable relief,
provided that there shall be no liability to City.
Operator's use and operation of its facilities shall not interfere with the use and operation
of other communications facilities on the Tower, which pre-existed Operator's facilities. If
Operator's facilities cause impermissible interference, Operator shall take all measures
reasonably necessary to correct and eliminate the interference. if the interference cannot be
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eliminated in a reasonable time, Operator shall immediately cease operating its facilities until the
interference has been eliminated. If the interference cannot be eliminated within ninety (90)
days, City may terminate this Agreement.
SECTION SIX
Improvements; Utilities; Access
A. Operator shall have the right, at Operator's expense, to erect and maintain on the
Premises the equipment listed on Exhibit "C" of this Agreement.
B. Operator shall have the right to install utilities, at Operator's expense, including,
but not limited to the installation of emergency power generators. Operator shall have the right
to permanently place utilities on the Premises in order to service the Premises and the facilities
described in this Agreement. Upon Operator's written request, City shall execute a permit in
favor of Operator evidencing Operator's right to construct a utility.
C. City represents and warrants to Operator that Operator shall enjoy vehicular and
pedestrian ingress, egress, and access from a public road to the Property adequate to service the
Premises and the equipment described on Exhibit "C" at all times during this Agreement at no
additional charge to Operator, except as provided in Section 2D. Operator shall be allowed to
access the water tower for maintenance and repairs of the equipment described on Exhibit "C"
upon twenty four (24) hours notice to City. In the event of an emergency, Operator shall not be
required to give notice to City, but, in such event, Operator shall make reasonable efforts to
notify City of Operator's intent to access the water tower. Operator shall conduct all repair,
replacement and maintenance operations in accordance with applicable OSHA regulations or
other occupational and safety regulations pertaining to such operations.
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SECTION SEVEN
Termination
A. Except as otherwise provided herein, this Agreement may be terminated, without
any penalty or further liability, on thirty (30) days' written notice as follows: (1) by either party
upon a material default of any covenant or term hereof by the other party, which default is not
cured within sixty (60) days of receipt of written notice of default (without, however, limiting
any other rights available to the parties at law, in equity, or pursuant to any other provisions
hereof), unless such default may not be reasonably cured within a 60 -day period, in which case,
this Lease may not be terminated if the defaulting party commences action to cure the default
within such 60 -day period, proceeds with due diligence to fully cure the default, and thereafter
cures the default; (2) by Operator., immediately upon notice to City, if it is unable to obtain or
maintain any license, permit, or other governmental agency approval necessary to the
construction and/or operation of the equipment described in Section 2A or Operator's business;
3) by Operator if the Premises are or become unacceptable under the Operator's design or
engineering specifications for the communications system network to which the facilities belong;
or (4) by City if it determines based on a recommendation of a structural engineer registered in
the State of Minnesota that the Tower is structurally unsound, including, but not limited to,
consideration of age of the -structure, damage or destruction of all or part of the property or
Tower from any source, or, in its sole discretion, that continued occupancy of the property by
Operator is in fact a threat to health or safety.
B. If this Agreement is terminated, fee shall be prorated as of the date of termination,
and, in the event of termination for any reason other than nonpayment of fee, all prepaid fees
shall be refunded to Operator within ninety (90) days of said termination.
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C. Upon termination, Operator shall promptly remove the equipment described in
Section 2A and restore land and property to its original condition. excluding ordinary wear and
tear.
SECTION EIGHT
Taxes
Operator shall pay any personal property taxes assessed on, or any portion of such taxes
attributable to, the equipment described in Section 2A. City shall pay when due all real property
taxes and all other fees and assessments attributable to the Premises. Notwithstanding the
foregoing, Operator shall pay, as additional fee, any increase in real property taxes levied against
the Premises for the period from the Commencement Date through to termination of this
Agreement which is directly attributable to Operator's use of the Premises, and City agrees to
furnish proof of such increase to Operator. If there is more than one operator using the Property,
Operator shall pay its proportionate share of such increase. Operator's proportionate share of the
real estate taxes shall be the percentage determined by dividing the amount of Operator's
exclusive space on the Property by the total amount of exclusive space leased to or used by all
users of the Property.
SECTION NINE
Insurance
A. Operator shall maintain commercial general liability insurance insuring Operator
against liability for personal injury, death or damage to personal property arising out of use of
the Premises by Operator with combined single limits of not less than One Million and 00/100
Dollars ($1,000,000.00). Operator shall also maintain fire and extended coverage insurance
insuring Operator's personal property for its full insurable value (subject to reasonable
deductibles). City shall maintain general liability insurance insuring City against liability for
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personal injury, death or damage to personal property arising out of its ownership, use and
management of the Premises by City, or its agents, with combined single limits of not less than
Six Hundred Thousand Dollars ($600,000.00). City shall maintain property and casualty
insurance on all improvements to the Property, including the water tower structure.
Notwithstanding anything in this Agreement to the contrary, each party releases the other party
from all liability, whether for negligence or otherwise, in connection with a loss covered by any
policies which the releasing party carries with respect to the Premises, but only to the extent that
such loss is collected under such insurance policy(s). Any policy required to be obtained
pursuant to this Section 9 shall contain a Waiver of Subrogation in favor of the other party
hereto.
B. Operator shall provide City with proof of workers' compensation insurance
covering all of Operator's employees and agents who access the Premises.
SECTION TEN
Destruction of Premises
If the Premises or the Operator's facilities located thereon are destroyed or damaged so
as, in Operator's judgment to hinder the effective use of the Premises as a personal
communications service facility, Operator may elect to terminate this Agreement as of the date
of the damage or destruction by so notifying the City not more than forty-five (45) days
following the date of damage. In such event, all rights and obligations of the parties shall cease
as of the date of the damage or destruction and Operator shall be entitled to the reimbursement of
any sums prepaid by Operator.
SECTION ELEVEN
Condemnation
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If a condemning authority takes all of the Property, or a portion sufficient, in Operator's
determination, to render the Premises unsuitable for the use which Operator was then making of
the Premises, this Agreement shall terminate as of the date the title vests in the condemning
authority. The parties shall be entitled to share in the condemnation proceeds in proportion to
the values of their respective interests in the Premises. Sale of all or part of the Premises to a
purchaser with the power of eminent domain in the face of the exercise of the power, shall be
treated as a taking by condemnation.
SECTION TWELVE
Notices
All notices, requests, demands, and other communications hereunder shall be in writing
and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, to the following addresses:
If to City: Director of Public Works
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
If to Operator: Nextel Communications
400 West Grand Avenue
Ehnhurst, Illinois 60126
Attn: Senior Manager., Site Development
Phone: 630.379.5700
with a copy to: Nextel Communications
2001 Edmund Halley Drive
Reston, VA 20191-3436
Second Floor, Mail Stop 2E225
Attn: Contracts Manager — Legal
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SECTION THIRTEEN
Indemnity
A. City and Operator each indemnify the other against, and hold the other harmless
from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions,
damages, obligations, liabilities and liens which arise out of (a) the breach of this Agreement by
the indemnifying party; and (b) the use and/or occupancy of the Property, or the Premises, by
such indemnifying party. This indemnity shall not apply to any claims, actions, damages,
obligations, liabilities and liens arising from any negligent or intentional misconduct of the
indemnified party and shall survive the termination of this Agreement. Notwithstanding any
provision set forth herein to the contrary, City's obligation to indemnify Operator shall, in any
event, be limited as set forth in Minnesota Statutes Section 466.04.
B. Hazardous Substance Indemnifications. Operator represents and warrants that its
use of the property herein, will not generate, and it will not store or dispose on the property nor
transport to or over the property any hazardous substances except as described on Exhibit "C"
attached hereto. Operator further agrees to hold City harmless from and indemnify City against
any release of any such hazardous substance and any damage, loss, or expense or liability
resulting from such release, including all attorney's fees, costs, and penalties incurred as a result
thereof except any release caused by the negligence of City, its employees or agents. "Hazardous
substance" shall be interpreted broadly to mean any substance or material defined or designated
as hazardous or toxic waste, hazardous or toxic
material, hazardous or toxic or radioactive substance, or other similar term by any federal, state,
or local environmental law, regulation, or rule presently in effect or promulgated in the future, as
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such laws, regulations, or rules may be amended from time to time; and it shall be interpreted to
include, but not be limited to, any substance which after release into the environment will or may
reasonably be anticipated to cause sickness, death, or disease. City warrants and represents that
on the date hereof, City has no actual knowledge of any hazardous substance now or previously
being located on the property. For the purposes hereof, the actual knowledge of City is limited to
the actual knowledge of Fred G. Moore, Public Works Director.
SECTION FOURTEEN
Assignment
maw, ti.e merged o elida4e to n .in. t er- . f Ope.-n4er or- to any paFt ier-ship i .i r siez'icc]-r'icrr' , ,
I: t_ :J-Ji-S1/S-PP1Z,.sIt_._:.1/:-:1.. -l:l.,.lTf _ Z,.s:I t_•I i-/l-i; /!1
A. Operator may not assign, or otherwise transfer all or anv part of its interest
in this Agreement or in the Premises without the prior written consent of Landlord;
provided, however, that Operator may assign its interest to its parent company, any
subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity
acquiring fifty-one percent (51%) or more of its stock or assets, subject to any financing
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entity's interest, if any, in this Agreement as set forth in Paragraph 16 below. Upon
assignment, Operator shall be relieved of all future performance, liabilities, and obligations
under this Agreement, provided that the assignee assumes all of Operator's obligations
herein. Landlord may assign this Agreement, which assignment may be evidenced by
written notice to Operator within a reasonable period of time thereafter, provided that the
assignee assumes all of Landlord's obligations herein, including but not limited to, those set
forth in Section 16("Waiver of Landlord's Lien") above. This Agreement shall run with
the Land and shall be binding upon and inure to the benefit of the parties, their respective
successors, personal representatives, heirs and assigns. Notwithstanding anvthing to the
contrary contained in this Agreement, Operator may assign, mortgage, pledge, hypothecate
or otherwise transfer without notice or consent its interest in this Agreement to any
financing entity, or agent on behalf of any financing entity to whom Operator (i) has
obligations for borrowed monev or in respect of guaranties thereof, (ii) has obligations
evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under
or with respect to letters of credit, bankers acceptances and similar facilities or in respect
of guaranties thereof.
B. The parties acknowledge that this is a non-exclusive lease, except as set forth on
Exhibit "Btt. Nothing in this Lease shall preclude City from leasing other space for
communications equipment to any person or entity which may be in competition with Operator,
or any other party, subject to the conditions set forth in Section Five of this Agreement.
SECTION FIFTEEN
Binding Effect; Successors and Assigns
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This Agreement shall run with the Property. This Agreement shall be binding upon and
inure to the benefit of the parties, their respective successors, personal representatives, and
assigns.
SECTION SIXTEEN
Waiver of Citv's Lien
Gity her-eby I .--d all lien rights it may have, stakutet=y er- ethefwise, eaneen-Ang
the deser-ibed Exhibit "C" thefeefi,
thesame
equipment on or any peftion fegar-diess of whether- or- not
is deemed real or- personal pr-epei4y under applieable laws, and givesCity
l to f f.-i.m time to time Operator's d otienrigr-emove all or- any e ftin. e same ell and
itha t rit„'n n „t
A. Landlord waives any lien rights it may have concerning the Operator's
Facilities all of which are deemed Operator's personal property and not fixtures, and
Operator has the right to remove the same at any time without City's consent. Said
Facilities are described on Exhibit "C".
B. Landlord acknowledLyes that Operator has entered into a financing
arrangement, including promissory notes and financial and security agreements, for the
financing of the Operator Facilities ("Collateral") with a third party financing entity (and
may in the future enter into additional financing arrangements with other financing
entities). In connection therewith, Landlord (i) consents to the installation of the Collateral;
ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the
Collateral shall be exempt from execution, foreclosure, sale, leve, attachment, or distress
for anv Rent due or to become due and that such Collateral may be removed at anv time
without recourse to legal proceedings.
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SECTION SEVENTEEN
Miscellaneous
A. The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
B. This Agreement constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations, and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to said Agreement must be in
writing and executed by both parties.
C. If either party is represented by a real estate broker in this transaction, that party
shall be fully responsible for any fee due such broker, and shall hold the other party harmless
from any claims for commission by such broker.
D. City agrees to cooperate with Operator in executing any documents (including a
Memorandum of Lease) necessary to protect Operator's rights hereunder or Operator's use of the
Premises.
E. This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
F. If any term -of this Agreement is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Agreement, which shall continue in full force and effect.
G. City and Operator each agree to furnish to the other, within ten (10) days after
request, such truthful estoppel information as the other party may reasonably request.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and
year first above written.
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CITY: OPERATOR:
CITY OF PLYMOUTH NEXTEL WEST CORP.,
A DELAWARE CORPORATION
D/B/A NEXTEL COMMUNICATIONS
Bv: By:
Namel4s: Judy Johnson , city ,.,>r.,yof 1-t-Name: Jocelvn Prochilo
Its: Citv Mavor Its: Vice -President of Site Development,
Midwest
Date: Date:
By:
Its: Laurie Ahrens, City Manager
Date:
SEAL)
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2005, by Judy Johnson and Laurie Ahrens, the Mayor and City
Manager, of the CITY OF PLYMOUTH, a municipal corporation under the laws of Minnesota
on behalf of the corporation.
Notary Public
STATE OF ILLINOIS )
ss.
COUNTY OF DUPAGE )
On this day of , 2005, before me a Notary Public in and for the
State of Illinois, personally appeared Jocelyn Prochilo, known to me to be the Vice President
of Site Development -Midwest, of Nextel West Corp., a Delaware corporation, d/b/a Nextel
Communications of that she executed the within and foregoing instrument, and aeknewledge
the said -inst ent-te be the ffee-aadielun aff-ae eed of said r --
the uses and purposes ther-ein mentioned, and n oath stated that she was authorized to execute
said instrument.
Notary Public
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ATTACHED EXHIBITS:
EX "A" PROPERTY
B" PREMISES
C" EQUIPMENT AND FACILITIES
D" PERMITTED FREQUENCIES
E" CITY POLICY
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EXHIBIT A - PROPERTY
Northwest Quarter (1/4) of Northeast Quarter (1/4) of Section 28, Township 118, Range
118, except the Westerly 400 feet thereof, Hennepin County, Minnesota (Commonly known
as City of Plymouth water tank property)
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EXHIBIT B - PREMISES
15 x 25 Lease Area at base of tank
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EXHIBIT C - EQUIPMENT AND FACILITIES
Drawings to be approved by City and attached hereto
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806 to 866 MHZ
851 to 869 MHZ
EXHIBIT D- PERMITTED FREQUENCIES
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To be attached
EXHIBIT E- CITY POLICY
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Prepared by, and
When Recorded, Please return to:
Legal Specialist
Nextel Communications
400 West Grand Avenue
Elmhurst, Illinois 60126
630) 379-5727
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into on this _ day of , 2005, by and between, the
CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth Boulevard, Plymouth,
Minnesota 55447-1482 (hereinafter referred to as "City") and Nextel West Corp., a Delaware corporation, d/b/a Nextel
Communications with an office at 400 West Grand Avenue, Elmhurst, Illinois 60126 (hereinafter referred to as
Operator"
City and Operator entered into a Communications Agreement (Water Tower) ("Agreement") on the
day of , 2005, for the purpose of installing, operating and maintaining a radio communications
facility and other improvements. All of the foregoing is set forth in the Agreement.
2. The term of the Agreement is for five (5) years commencing on October 1, 2005 or upon commencement of
construction of Operator's facility, which ever first occurs (the "Commencement Date") and terminating at
midnight on the last day of the month in which the fifth anniversary of the Commencement Date shall have
occurred with three (3) successive five (5) year options to renew.
The Land which is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of
the Land being leased to Operator(the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day and year first above
written.
CITY:
City of Plymouth
By:
Name:
Title:
Date:
OPERATOR:
Nextel West Corp., a Delaware corporation,
d/b/a Nextel Communications
UO -A
Name: Jocelyn Prochilo
Title: Vice President of Site Development, Midwest
Date:
STATE OF MINNESOTA
COUNTY OF HEN WEPIN
On , before me, , Notary Public, Judy Johnson and Laurie Ahrens, the Mayor and City
Manager, of the CITY OF PLYMOUTH, a municipal corporation under the laws of Minnesota on behalf of the corporation
personally appeared, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the
instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
SEAL)
Notary Public
My commission expires:
STATE OF ILLINOIS
COUNTY OF DUPAGE
On , before me, , Notary Public, personally appeared Jocelyn Prochilo, personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
SEAL)
Notary Public
My commission expires:
EXHIBIT A
DESCRTUPTION OF LAND
to the Agreement dated day of , 2005, between Nextel West Corp., a Delaware
corporation, d/b/a Nextel Communications, (hereinafter referred to as "Operator"), and the CITY OF
PLYMOUTH, a Minnesota municipal corporation (hereinafter referred to as "City")
The Land is described and/or depicted as follows:
Northwest Quarter (1/4) of Northeast Quarter (1/4) of Section 28, Township 118, Ranae 118, except the Westerly 400
feet thereof, Hennepin County Minnesota (Commonly known as City of Plymouth water tank property)
DESCRIPTION OF PREMISES
to the Agreement dated day of , 2005, between Nextel West Corp., a Delaware
corporation, d/b/a Nextel Communications, (hereinafter referred to as "Operator") and the CITY OF
PLYMOUTH, a Minnesota municipal corporation (hereinafter referred to as "City")
Drawings attached
CITY OF PLYMOUTH
RESOLUTION NO. 2005.
APPROVING AGREEMENT
NEXTEL WEST CORP.
CENTRAL WATER TOWER ANTENNA
WHEREAS, the City Council has previously adopted a policy statement regarding the use of City
owned land for wireless telecommunciation antennas and towers; and
WHEREAS, the City received an application from Nextel West Corp. to locate antennas on the
Central Water Tower; and
WHEREAS, an agreement has been reviewed and approved by the City Attorney which would
allow Nextel West Corp. to have the antennas on the Central water tower.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA: That the Mayor and City Manager are authorized to enter into
the agreements with Nextel West Coip. to locate personal communication antennas on the
Central Water Tower.
Adopted by the City Council on July 26, 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
dayof
City Clerk
Pub works/maint/centralequip/antennas/Nexteloncentral/agenda7.13.05
Agenda Number: 6, vp
TO: Laurie Ahrens, City Manager CIV
FROM: Eric Blank, Director of Parks and Recreation
DATE: July 19, 2005, for Council Meeting of July 26
SUBJECT: Final Payments — Ice Center Expansion Project
1. ACTION REQUESTED: Pass the attached resolution authorizing final payment to
Kellington Co. in the amount of $1,482.80 and Simplex Grinnell in the amount of $5,092.
2. BACKGROUND: RJM Construction, the construction manager on the ice center project
has forwarded two more contractors for final payment release. Kellington Co. did the
carpentry demo and general work on the project. Their final payment is in the amount of
1,482.80. Simplex Grinnell provided the fire protection on the project. Their final payment
is in the amount of $5,092.
3. BUDGET IMPACT: All costs for this work are paid for by the ice center construction
fund.
4. RECOMMENDATION: Staff recommends approval of final payment to Kellington Co.
and Simplex Grinnell as proposed by RJM, the construction manager.
EB/np
CITY OF PLYMOUTH
RESOLUTION 2005 -
APPROVING FINAL PAYMENT FOR ICE CENTER CONTRACTORS
WHEREAS, RJM construction manager has forwarded final payment for Kellington Co. and
Simplex Grinnell, and
WHEREAS, the Director of Parks and Recreation has reviewed and concurred with said
recommendation,
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that final
payment to Kellington Co. in the amount of $1,482.80 and final payment to Simplex Grinnell in
the amount of $5,092 is hereby approved.
Adopted by the City Council on
Agenda Number: 8 '
TO: Laurie Ahrens, City Manager
FROM: Eric Blank, Director of Parks and Recreation
DATE: July 19, 2005, for Council Meeting of July 26
g6
SUBJECT: Easement Agreements for Great River Energy's Transmission Line
through City Property
1. ACTION REQUESTED: Pass the attached resolution authorizing the Mayor and City
Manager to sign easement agreements for Great River Energy to cross city property for the
construction of a power transmission line.
2. BACKGROUND: Great River Energy has been issued a certificate of need from the
Public Utilities Commission and a route permit from the MN Environmental Quality
Board to construct a new segment of 115 KV transmission line through Plymouth. For
this issue the city is acting solely as a landowner and not as a regulatory agency. As they
do with any other private land they wish to cross, Great River Energy is obligated to
negotiate the cost of securing an easement on our land. In this instance, they wish to cross
three parcels of property west of 494 just south of Schmidt Lake Road, through Nature
Canyon Park. They also wish to cross two parcels that are just east of 494 and north of
County Road 6. These parcels are very small. Great River Energy has supplied the city
with copies of appraisals done on the property. Using these appraisals, city staff has
negotiated the agreements that you have before you. For the two small southerly parcels,
the agreed upon price is $1,300. For the three northerly parcels through the park, the
negotiations were quite complicated. The original appraisal on this property was $49,000.
We negotiated a settlement at a value for the pure easement at $76,000. The last issue to
be determined was the impact of the tree cutting and construction taking place in Nature
Canyon Park. For this we considered the amount of trees that were going to be removed,
the construction damage to the site, and the lasting effects of the visual part of the power
lines. After lengthy discussions we arrived at an agreed upon number of $419,000 as the
park impact fee. Thus the total payment to the city will be $419,000 for the park impact
fee, $76,000 for the northerly easements and $1,300 for the southerly easements. The
total payment to the City will be $496,300.
These lease agreements have been reviewed and approved by the city attorney's office.
3. USE OF FUNDS: This revenue is unanticipated money that has not been counted for in any
of the city's capital or operating budgets. The Finance Director and I have discussed where
we best think this unanticipated revenue could be put to use. It is our recommendation that
300,000 be put into the capital improvement fund and earmarked for purchasing land for the
Northwest Greenway. Thus it will be used to acquire open space with the additional benefit
of purchasing and saving trees. We think the remaining $196,300 should be placed in the
park replacement trust fund. This fund is in need of additional funding in order to help grow
the principal amount in the fund so that it will generate greater interest earnings in the future.
The allocation of these funds is solely at the discretion of the City Council.
4. RECOMMENDATION: Staff recommends the City Council pass the attached resolution
authorizing the Mayor and City Manager to sign easement agreements with Great River
Energy as outlined in the staff report. We further recommend that the funding be split, with
300,000 being allocated to the capital improvement fund for future Northwest Greenway
acquisition and the remaining $196,300 be allocated to the park replacement trust fund.
EB/np
GREAT RIVER
E N E R G Y
17845 East HighwaV' 10 • P.O. Box 800 • Elk River, Minnesota 55330-0800 • 763-441-3121 • Fax 763-241-2366
July 19, 2005 WO #18691
Eric Blank
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN. 55447
Subject: casements for Great River Energy's 115 kV Transmission Line
Revised Letter of Compensation
Dear Mr. Blank:
This letter follows our conversation regarding compensation for the easement that Great River
Energy (GRE) is requesting from the City of Plymouth.
With respect to compensation for the easement on City parcels on the west side of 1-494, 1 have
revised the attached Statement of Compensation form to reflect an easement payment of
495,000. This amount includes $76,000 for the appraised easement area and $419,000
representing a parkland impact fee. The easement payment of $1,300 for the City property
located north of County Road 6 will not change.
All revised easement documents and their attachments were delivered to you by Michelle
Lommel yesterday, July 18tH. Please let me know if I can supply you with any additional
information. It is understood that this matter will be place on the City Council's Board Agenda
for August 9tH
Thank you for your help with this important load serving project.
Sincerely,
Wstrom,
R R Y
SR/WA
Land Rights Supervisor
Enclosures
CC: Terry Grove, GRE
Kevin Lennon, GRE
GO:j h\r:\westm etro\acquisition\wh-pp-05&06\20050719LtrE ri cBlan k. doc
Direct Dial (763) 241-2377 E -Mail gostrom@grenergy.com FAX (763) 241-6177
www.GreatRiverEnergy.coni
A Touchstone Energy' Cooperative
EASEMENT NO. WH -PP -17/18
WORK ORDER NO. 18691
GREAT RIVER
ENERGY®
A T ulwi,n, 0
STATEMENT OF COMPENSATION
LANDOWNER(S):
City of Plymouth
Great River Energy (GRE) hereby offers all parties who may have an interest in the easement rights to be
acquired the sum of $ 495.000.00 , which has been estimated to be just compensation for the
easement being requested. A summary of the amount set out above as just compensation is as follows:
LEGAL DESCRIPTION OF EASEMENT BEING REQUESTED:
Part of parcels currently identified as PID #10-118-22-34-0001 15-118-22-21-0002 & 15-118-22-21-0003.
Summary and offer:
Easement Value
Fee Value
Other: Park Impact Fee
TOTAL OFFER $
Z
i
presentative
SSN or FED TAX ID#:
76,000
419,000
495,000
i
7//7/Z), f
Date
GRE is required by federal regulations to obtain a Social Security Number or Federal Tax ID# before checks for
easement payments are released.
WH -PP -17&18 Statement of Compensation 3—Fill In_rev3.doc Created on 7/19/2005 2:02 PM
EASEMENT
EASEMENT NO #: WH -PP -17/18
KNOW ALL PERSONS BY THESE PRESENTS, that City of Plymouth, a Minnesota municipal
corporation "Grantor', whether one or more, whose post office address is: 3400 Plymouth
Boulevard, Plymouth, MN 55447 , in consideration of one dollar and other good and valuable consideration, the
receipt and legal sufficiency of which is hereby acknowledged, does hereby grant unto United Power Association (UPA), a
Minnesota cooperative corporation, whose lawful agent is Great River Energy (GRE), a Minnesota cooperative
corporation in accordance with that certain Management Agreement between UPA and GRE dated January 1, 1999,
Grantee (hereafter referred to as UPA), its post office address being Post Office Box 800, Elk River, Minnesota, 55330-
0800, and to its successors and assigns, the right to enter upon the following described real property (the "easement
area") in Hennepin County, Minnesota situated in:
Section 10 & 15 , Township 118 , Range 22
more particularly described on attached Exhibit A and B and shown on the attached Exhibit Al and B1
for the following purposes:
To construct, reconstruct, relocate, operate, repair and maintain on the easement area, and in or upon all streets, roads or
highways abutting said lands, an electric transmission line or system, consisting of single pole structures and
appurtenances, and telecommunications facilities, including fiber optic cable.
To permit or otherwise agree to the joint use or occupancy of the transmission line or system and the easement area by
any other person(s) or entity(ies) for the construction, reconstruction, relocation, operation, maintenance and repair of
aboveground or underground facilities for the transmission or distribution of electric energy and telecommunications,
including fiber optic cable.
Together with the right of reasonable ingress to and egress from the easement area over and across the lands adjoining
the easement, the right to occupy and use that part of the lands necessary for the performance of the construction,
reconstruction, maintenance, relocation and repair of the electric transmission or distribution line or system or
communication facilities, the right from time to time to cut down, trim, or, in any manner, eliminate all trees, shrubbery or
brush located within the easement area and the right to cut down from time to time all other dead, weak, leaning or
dangerous trees located on lands adjoining said easement area that are tall enough to come within 5 feet of striking any
part of said transmission line or system in falling. Election by UPA to not exercise all or any part of its rights at any time
shall not constitute forfeiture of any such rights.
Grantor reserves the right to cultivate, use and occupy said easement area, except, that without the prior written approval
of UPA, Grantor shall not erect thereon any structures, permanent or temporary, except fences, streets, roads, playfields,
ballfields, trails, parking lots, picnic areas, appurtenances to allowed uses, similar uses and underground improvements,
such as utilities. Grantor further agrees not to perform any act which will interfere with or endanger said transmission line.
UPA agrees to pay Grantor for this easement prior to the construction of said line or system on the easement area.
Upon request of Grantor, UPA agrees that it will promptly, within reason, relocate the Transmission Line one time in the
future at the request of Grantor ("Transmission Line Relocation") to a location that is reasonably consistent with the
alignment depicted in the attached Exhibits Al and B1. In the event that Grantor requests Transmission Line Relocation,
Grantor agrees to grant to UPA easement rights, at no additional cost to UPA, identical to easement rights granted herein,
upon, over and under the land area that UPA reasonably determines to be necessary to support the Transmission Line
Relocation. It is agreed that the future relocation cost will be borne by UPA. Upon completion of the Transmission Line
Relocation, UPA agrees to release any easement area across the Subject Property that is no longer necessary to support
the transmission line as a result of the Transmission Line Relocation.
Further, UPA agrees to pay a reasonable sum for any damage caused to crops, fences, roads, fields, lawns or other
improvements by the construction, reconstruction, relocation, operation, maintenance, or repair of said line, system, or
communication facilities.
All facilities installed and placed by UPA or its permittee(s) on said lands shall remain the property of UPA or its
permittee(s), removable at the option of UPA or its permittee(s).
This Easement has been duly executed by Grantor on this day of 12005.
GRANTOR: CITY OF PLYMOUTH GRANTEE: GREAT RIVER ENERGY
LAWFUL AGENT FOR
UNITED POWER ASSOCIATION
QI
Its
LZA
Its
STATE OF MINNESOTA
COUNTY OF
Gary Ostrom
Its: Supervisor, Land Rights
The foregoing instrument was acknowledged before me this day of _
by its
of the City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation.
Notary)
2005,
EXHIBIT 'A'
Grantors Property
Tax ID: 15-118-22-21-0002
Owner: City of Plymouth (Unplatted)
The East Half of the Northeast Quarter of the Northwest Quarter of
Section 15, Township 118, Range 22, Judicial land marks having been set
at the Southeast corner, the Southwest comer and the Northwest corner
thereof lying Westerly of the Westerly line of Interstate Highway No. 494
as shown in Notice of Lis Pendens, Document No. 799957, Files of
Registrar of Titles.
Parcel also encumbered by following easements:
Northwestern Bell (Encumbrance Document #2130736)
Nor -them States Power Co. (Encumbrance Document #797264)
15-118-22-21-0003
Owner: City of Plymouth (Unplatted)
The West Half of the Northeast Quarter of the Northwest Quarter of
Section 15, Township 118, Range 22
Parcel also encumbered by following easements:
Northwestern Bell (Encumbrance Document #2130736)
Easement Area
All that part of the Grantor's property lying within a strip of land 35 feet
each side of a line described as: Commencing at the West Corner of
Section 15, Township 118 North, Range 22 West of the Fifth Principal
Meridian, County of Hennepin, State of Minnesota; thence North 89' 18'
48" East (Assumed for reference) along the East—West Quarter Line of
said Section 15, 2567.85 feet to the Point of Beginning;
thence North 18' 01' 39" West, 340.35 feet;
thence North 7' 20' 50" West, 419.74 feet;
thence North 1' 39' 31" West, 494.67 feet;
thence North 70' 38' 59" West, 453.88 feet;
thence North 2' 46' 20" West, 1017.30 feet;
thence North 4' 54' 23" West, 185.20 feet;
to the North Line of sold Section 15 and the Point of Ending, which lies
North 89' 37' 20" West, 1941.12 feet from the Northwest Corner of said
Section 15.
The sidelines of the Easement Area shall be lengthened or shortened to
terminate on the Grantor's property lines.
See also Exhibit Al drawing attached hereto and made a part of this
document.
TAX ID: 15-118-22-21-0002
TAX ID: 15-118-22-21-0003
OWNER: CITY OF PLYMOUTH
COR ER
SECTION N15 1941.12'
N 1/4 CORNER EXHIBIT 'Al'
P.O.E.- - SECTION 15-7
1//
COMBINED PARCEL AREA:
SEE DETAIL A
1,036,527 SQ. FT.
T -LINE EASEMENT AREA:
185.20'
43 j 95,429 SQ. FT.
i NORTHWESTERN BELL EASEMENT AREA:
UNPLATTED--UNPLATT j 1,156 SQ. FT.
15-118-22-21-0003) (15-118-22-21- 002) i NSP UTILITY EASEMENT AREA:
69,794 SQ. FT.
NORTHWESTERN BELL NSP Ull
EASEMENT 42 EASEMEN
IIT
I
1017.30' I
17.89'± I
943.25'
NW 1/4 T.L./P.L.
NW 1/4 INTERSECTION
41 j
1
SEC. 15 NE 1/4 i
T118, R22
NW 1/4 I
DETAIL A
SEC. 15 1 I
T118, R22 % 292.92'± 1
SEE DETAIL B
39
453.88' I
I
I
I I I 138.86'±
P.L./R.O.W.
494,87' I i INTERSECTION
SW 1/4 SE 1/4
NW 1/4 NW 1/4 I DETAIL B
SEC. 15 SEC, 15
T118, R22 I T118, R22 iv38
I 'llll1
1
I' TAX ID: 15-118-22-21-0002419.74'
Iw I I I TAX ID: 15-118-22-21-0003
N
1 I OWNER: CITY OF PLYMOUTH
DISCLOSURE OF THIS DOCUMENT TO A THIRD PARTY EXCLUSIVE OF DIRECT
37 \ USE FOR OPERATION, M W04ANCE OR NEN' CONSTRUCTION IS SUBJECT TO
Z \ WRITTEN PERMISSION FROM GREAT RIVER ENERGY.
I GREAT RIVER ENERGY*l [ql
340.35 PLYMOUTH -PARKER'S LAKE
EASEMENT RIGHT-OF-WAY
DATE- 10/08/04 W.D. N0. REVISIUN
P.O.B.SCALE, 1"-400' 18691 0
W 1/4 CORNER 2567.85' DVN. BY- REJ
EASEMENT NUMBER
SECTION 15 CKD. BY,
LAILI-PP_ 1 7
EXHIBIT 'B'
Grantor's Property
Tax ID: 10-118-22-34-0001
Owner: City of Plymouth (Unplatted)
That part of the East One—half (E1/2) of the Southwest Quarter (SWi/4)
lying East of the West Four Hundred Thirty (430) feet thereof and lying
Westerly of the Westerly right of way line of Interstate Highway No. 494.
Also: That part of the West Four Hundred Thirty (430) feet of the East
One—half (E1/2) of the Southwest Quarter (SW1/4) lying South of the
North One Thousand Eighty—nine (1,089) feet thereof, all in Section Ten
10), Township One Hundred Eighteen (118) North, Range Twenty—two
22), West of the 5th Principal Meridian, Hennepin County, Minnesota.
Parcel also encumbered by following easements:
Northern States Power Co. (Encumbrance Document #3526994)
Easement Area
All that part of the Grantor's property lying within a strip of land 35 feet
each side of a line described as: Commencing at the Southwest Corner
of Section 10, Township 118 North, Range 22 West of the Fifth Principal
Meridian, County of Hennepin, State of Minnesota; thence North 89' 37'
20" East (Assumed for reference) along the South Line of said Section
10, 1941.15 feet to the Point of Beginning;
thence North 4' 54' 23" West, 626.86 feet;
thence North 1' 39' 03" East, 1148.88 feet;
thence North 2' 49' 47" East, 910.23 feet;
thence North 0' 40' 53" West, 40.51 feet;
to the East—West Quarter Line of said Section 10 and the Point of
Ending, which lies North 89' 25' 43" East, 2027.13 feet from the West
Quarter Comer of said Section 10.
The sidelines of the Easement Area shall be lengthened or shortened to
terminate on the Grantors property lines.
See also Exhibit B1 drawing attached hereto and made a part of this
document.
TAX ID: 10-118-22-34-0001
OWNER: CITY OF PLYMOUTH
W 1/4 CORNER
SECTION 10 2027.13'P. EXHIBIT 'B1' O.E.
40.51'± -
PARCEL AREA:
1,627,515 SQ. FT.
SEE DETAIL A
I 148.86'± T -LINE EASEMENT AREA:
I I
I
187,226 SQ. FT.
NSP UTILITY EASEMENT AREA:
I
146,859 SQ. FT,
I
910.23'
I
49
NE 1/4
NW 1/4 I SW 1/4
SW 1/4 SEC. 10 I
SEC. 10 T118, R22 a,
T118, R22
I 48 1
10.45'± 50
I
DETAIL A
SW 1/4
SW 1/4
SEC. 10
T118, R22
I
SW CORNER
1941.15' SECTION 10
NxLJ
z
47 I
Vq NSP I JTILITY
1148.88'
EASEMENT
EAST OF LINE)
46
UNPLATTED-
I
SE 1/4
SW 1/4 4S
SEC. 10
T118, R22
I
I
626.86'
µ
I
I 155.16'± S 1/4
CORNER P.O.B. SECTION
10 — TAX ID: 10-118-22-34-
0001 OWNER: CITY OF
EASEMENT NO. WH -PP -05/06
WORK ORDER NO. 18691
GREAT -RIVER
ENERGY®
AT.J—meF erRY G.1-1i.e 1sTa
STATEMENT OF COMPENSATION
LANDOWNER(S):
City of Plymouth
Great River Energy (GRE) hereby offers all parties who may have an interest in the easement rights to be
acquired the sum of $ 1,300.00 , which has been estimated to be just compensation for the
easement being requested. A summary of the amount set out above as just compensation is as follows:
LEGAL DESCRIPTION OF EASEMENT BEING REQUESTED:
Outlots A and B Minneapolis Industrial Park 5th Addition except that part taken for highway purposes.
Summary and offer: FFEasementalue------------------------------------------------------------- $
TOTAL OFFER $---------------------------------------------------------- $
1,300.00
RepresentativeLdght4
SSN or FED TAX ID#:
Date
GRE is required by federal regulations to obtain a Social Security Number or Federal Tax ID# before checks for
easement payments are released.
Created on 3/11/2005 10:01 AM
WH -PP -05&06 Statement of Compensation 3_FIII In.doc
EASEMENT
EASEMENT NO #: WH -PP -05/06
KNOW ALL PERSONS BY THESE PRESENTS, that City of Plymouth, a Minnesota municipal
corporation "Grantor',
whether one or more, whose post office address is: 3400 Plymouth Boulevard, Plymouth, MN 55447,
in consideration of one dollar and other good and valuable consideration, the receipt and legal sufficiency of which is
hereby acknowledged, does hereby grant unto United Power Association (UPA), a Minnesota cooperative corporation,
whose lawful agent is Great River Energy (GRE), a Minnesota cooperative corporation in accordance with that certain
Management Agreement between UPA and GRE dated January 1, 1999, Grantee (hereafter referred to as UPA), its post
office address being Post Office Box 800, Elk River, Minnesota, 55330-0800, and to its successors and assigns, the right
to enter upon the following described real property (the "easement area") in Hennepin County, Minnesota situated in:
Section 27 , Township 118 , Range 22
more particularly described on attached Exhibit A and shown on the attached Exhibits B and C
for the following purposes:
To construct, reconstruct, relocate, operate, repair and maintain on the easement area, and in or upon all streets, roads or
highways abutting said lands, an electric transmission line or system, consisting of single pole structures and
appurtenances, and telecommunications facilities, including fiber optic cable.
To permit or otherwise agree to the joint use or occupancy of the transmission line or system and the easement area by
any other person(s) or entity(ies) for the construction, reconstruction, relocation, operation, maintenance and repair of
aboveground or underground facilities for the transmission or distribution of electric energy and telecommunications,
including fiber optic cable.
Together with the right of reasonable ingress to and egress from the easement area over and across the lands adjoining
the easement, the right to occupy and use that part of the lands adjoining the easement area necessary for the
performance of the construction, reconstruction, maintenance, relocation and repair of the electric transmission or
distribution line or system or communication facilities, the right from time to time to cut down, trim, or, in any manner,
eliminate all trees„ shrubbery or brush located within the easement area and the right to cut down from time to time all
other dead, weak, leaning or dangerous trees located on lands adjoining said easement area that are tall enough to come
within 5 feet of striking any part of said transmission line or system in falling. Election by UPA to not exercise all or any
part of its rights at any time shall not constitute forfeiture of any such rights.
Grantor reserves the right to cultivate, use and occupy said easement area, except, that without the prior written approval
of UPA, Grantor shall not erect thereon any structures or other objects or improvements, permanent or temporary, except
fences, streets, roads, and underground improvements, such as utilities. Grantor further agrees not to perform any act
which will interfere with or endanger said transmission line.
UPA agrees to pay Grantor for this easement prior to the construction of said line or system on the easement area
Further, UPA agrees to pay a reasonable sum for any damage caused to crops, fences, roads, fields, lawns or other
improvements by the construction, reconstruction, relocation, operation, maintenance, or repair of said line, system, or
communication facilities.
All facilities installed and placed by UPA or its permittee(s) on said lands shall remain the property of UPA or its
permittee(s), removable at the option of UPA or its permittee(s).
This Easement has been duly executed by Grantor on this day of 2005.
CITY OF PLYMOUTH, GRANTOR
By
Its
By
Its
STATE OF MINNESOTA
COUNTY OF
The foregoing instrument was acknowledged before me this day of _
by its
of the City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation.
Notary)
STATE OF MINNESOTA
COUNTY OF
2005,
The foregoing instrument was acknowledged before me this day of 2005,
by its
of the City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation.
Notary)
Drafted By: Great River Energy
Land Rights Department
17845 East Highway 10
Elk River, MN 55330-0800
763/441-3121
To be returned to same after recording.)
Revised 9/9/03
EXHIBIT 'A'
Grantor's Property
Tax ID: 27-,1 18-22-32-0019
Owner: C,ify of Plymouth
Outlot A, Minneapolis Industrial Park 5'h Addition, except that part taken for highway
purposes.
Tax ID: 27-118-22-32-0020
Owner: City of Plymouth
Ouflot B, Minneapolis Industrial Park 5th Addition, except that part taken for highway
purposes.
Easement Area
All that part of fhe Grantor's property lying within a strip of land 35 feet
each side of a line described as: Commencing at the South Quarter
Corner of Section 27, Township 118 North, Range 22 West of the Fifth
Principal Meridian, County of Hennepin, State of Minnesota; thence South
87°37'12" West (Assumed for reference) along the South Line of said
Section 27, 1152.00 feet to the Point of Beginning;
thence North 03° 41' 55" West, 247.23 feet;
thence North 04° 20' 05" West, 312.37 feet;
thence North 15° 38' 26" West, 387.17 feet;
thence North 06° 01' 06" West, 346.39 feet;
thence North 15° 45' 28" West, 988.25 feet;
thence North 03° 39' 27" East, 416.460 feet;
thence North 05° 59' 57" East, 19.76 feet;
to the East—West Quarter Line of said Section 27 and the Point of
Ending, which lies North 89°27'25" East, 1138.65 feet from the West
Quarter Corner of said Section 27.
The sidelines of the Easement Area shall be lengthened of shortened to
terminate on the Grantor's property lines.
See also Exhibit B and C drawing attached hereto and made a part of this document
TAX ID: 27-118-22-32-0020
OWNER: CITY OF PLYMOUTH
1138.65'
19.76'
DETAIL A
NW 1/4
SW 1/4
SEC. 27
T118, R22
DETAIL B
SW 1/4
SW 1/4
SEC. 27
T118, R22
SW CORNER
SECTION 27
P.O. E.
Li
I lir I
I I = I MINNEAPOLIS INDUSTRIAL PARK
16.46' I I Y 5TH ADDITION
w
m
SEE D AIL A WATERTOWER CIR
197:24'
143. 2' 71I NE 1/4
SEE DETAIL B
1 I
SW 1/4
SEC, 27
T118, R22
1 1 I 988.25'
1 1 I
7 5.71't \
1 1
1 I
P.O. B. J L9 1152.00' S 1/4 CORNER
OF SECTION 27
EXHIBIT 'B'
PARCEL AREA:
12,4631 SQ. FT.
T -LINE EASEMENT AREA:
8,738 SQ. FT.
LEGEND
PROPERTY LINE
1/4 & 1/8 LINES
TRANSMISSION LINE P.I.
TAX ID: 27-118-22-32-0019
OWNER: CITY OF PLYMOUTH
CO RD NO.6
149.95'
II I II 346.39'
3 I
I
w 1
387.17' 1 \II1
W 1I
Z SE 1/4ISW1/4
SEC. 27
I li 312.37' T118, R22
I
I
I 247.23'
I IIII
P.O. B. J L9 1152.00' S 1/4 CORNER
OF SECTION 27
EXHIBIT 'B'
PARCEL AREA:
12,4631 SQ. FT.
T -LINE EASEMENT AREA:
8,738 SQ. FT.
LEGEND
PROPERTY LINE
1/4 & 1/8 LINES
TRANSMISSION LINE P.I.
TAX ID: 27-118-22-32-0019
OWNER: CITY OF PLYMOUTH
1138.65'
22.46'
DETAIL A
NW 1/4
SW 1/4
SEC. 27
T118, R22
MINNEAPOLIS NDUSTRIAL
5TH ADDITION
P.O.E.
19.76
w
fr
m
CI
w
WATERTOWER R
SEE DETAIL A
I
ti I
988.25'
573.13' SEE DETAIL B
t
r' -- -- --
z
I
I I
s I
6.46' I I w
P.O.B.
SW CORNER
SECTION 27
1152.00' S 1/4 CORNER
OF SECTION 27
EXHIBIT 'C'
PARCEL AREA:
118,142 SQ. FT.
T -LINE EASEMENT AREA:
18,261 SQ. FT.
LEGEND
PROPERTY LINE
1/4 & 1/8 LINES
TRANSMISSION LINE P.I.
TAX ID: 27-118-22-32-0020
OWNER: CITY OF PLYMOUTH
III t II 346.39'
I
I
2 I
36.84' 387.17'
DETAIL 8
I
1
SW 1/4
w
SE 1/4
SW 1/4
Z SW 1/4
SEC, 27 SEC. 27
T118, R22 II I 312.37' T118, R22
I
I I 247.23'
III
P.O.B.
SW CORNER
SECTION 27
1152.00' S 1/4 CORNER
OF SECTION 27
EXHIBIT 'C'
PARCEL AREA:
118,142 SQ. FT.
T -LINE EASEMENT AREA:
18,261 SQ. FT.
LEGEND
PROPERTY LINE
1/4 & 1/8 LINES
TRANSMISSION LINE P.I.
TAX ID: 27-118-22-32-0020
OWNER: CITY OF PLYMOUTH
Plymouth to,M 4 1
A Touchstone Energy' Cooperative Kt
GREATRNER The povwofhuman cmrwcw^i Wright -Hennepin
ENERGY' cooperat" Eke & Assoaatan
GREAT RIVER ENERGY WRIGHT-HENNEPIN COOPERATIVE
17845 East Hwy 10 P.O. Box 800 ELECTRIC ASSOCIATION
Elk River, MN 55330-0800 6800 Electric Drive P.O. Box 330
1-800-442-3013 Rockford, MN 55373-0330
www.greatriverenergy.com 1-800-943-2667 www.whe.org
The Utilities
Great River Energy (GRE), located in Elk River, is the wholesale electric power supplier to Wright -Hennepin
Cooperative Electric Association (W -H) and 27 other cooperatives in Minnesota and a small portion of Wisconsin.
Wright -Hennepin Cooperative Electric Association owns the substation facilities from which retail electricity is
delivered through distribution lines to homes and businesses in Maple Grove and Plymouth. W -H along with Xcel
Energy are the primary suppliers of retail electricity in the West Metro region.
The Project
A Certificate of Need from the Public Utilities Commission and a Route Permit from the Minnesota Environmental
Quality Board have been issued to construct a new segment of 115 kV transmission line from the existing Plymouth
Substation to the existing Xcel Energy Parkers Lake Substation (see map on back).
Tree Removal
Tree removal will
transmission line.
Schedule
Structures
The poles for the new transmission line will be, on average, from 75 to 90 feet in
height. Some larger structures with concrete bases will be needed where the line
changes direction (corners) or crosses long distances. The poles will be either
single shafted wood or tubular steel design (note diagram).
Appraisal and Easement Process
GRE has selected Integra Realty Resources to prepare appraisal reports for each
parcel of land traversed by the transmission line. The appraisal reports will be the
basis for a payment offered to each parcel owner in exchange for an easement to
construct the transmission line.
Easement
Upon completion of the appraisal reports, an easement form and other relevant
documents will be sent to each landowner along the transmission line corridor.
After the initial correspondence has been sent, a GRE representative will contact
you to discuss the easement and other project details.
be necessary for the completion of the project and to safeguard the reliable operation of the
Discussion with Landowners
Right of Way Preparation
Pole Placement
January through May 2005
Summer 2005
Summer & Fall 2005
Contact
Gary Ostrom at Great River Energy
763-241-2377 or 1-800-442-3013 ext. 2377 toll free
Fax 763-241-6177 1 111 9120 04
CITY OF PLYMOUTH
RESOLUTION 2005 -
APPROVING EASEMENTS WITH GREAT RIVER ENERGY
WHEREAS, Great River energy Corporation has requested easements across five city parcels of
property, and
WHEREAS, agreements have been reached for purchase price of the easements and impact to
the city's land, and
WHEREAS, the Director of Parks and Recreation is recommending approval of said easement
agreements;
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the
easement agreements with Great River Energy are hereby approved, and, further, that the
revenue from these easements will be split, with $300,000 going to the capital improvement fund
to be used for Northwest Greenway acquisition, and $196,300 will be placed in the park
replacement trust fund.
Adopted by the City Council on