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HomeMy WebLinkAboutCity Council Packet 11-08-2005CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING NOVEMBER 8, 20059 8:00 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 on Prism's Sleepout Campaign (Elizabeth Johnson) 4.02 Presentation of four heart -start units (Police Chief Goldstein) 4.03 Presentation of Proclamation to Trojan Leadership Council declaring November 14-20 as "Minnesota Chemical Health Week" (Mayor Judy Johnson) 4.04 Announcement of Emergency Exercise at Wayzata High School (Police Chief Goldstein) 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2005-409) REGULAR COUNCIL MEETING November 8, 2005 Page 2 6.03 Approve Preliminary Plat for "Churchill Ridge" for 11 single-family lots for property located at 18820 County Road 24. Mary Weinzierl. (2004107 — Res2005-410) 6.04 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.25) 6.05 Approve Change Order No. 4 for the Public Safety/City Hall project (Res2005-411) 6.06 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.256) 6.06.1 6.07 Adopt Out -of -State Travel Policy for City Council (Res2005-412) 6.08 Approve Final Release of Financial Guarantee for Carlson Terrace (2003087 — Res2005-413) 6.09 Approve modifications to legal descriptions to previously approved resolutions for Vision of Glory Church (Res2005-414) 6.10 Approve agreement with Metropolitan Council for Transit Convenience Fares Reimbursement (Res2005-415) 6.11 Authorize the Metropolitan Council to exercise options for the purchase of buses for Plymouth Metrolink (Res2005-416) 6.12 Adopt Resolution supporting continued authority of local government to franchise cable services (Res2005-417) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS REGULAR COUNCIL MEETING November 8, 2005 Page 3 8_1 Adopt Ordinance amending gambling expenditure trade area (Ord. 2005-29) 8_2 Consider setting date for joint City Council/Planning Commission "Listening Session" on Land Use Plan for Northwest Plymouth 8.25 Approve Final Plat and Development Contract for "Hadley Hills 2nd Addition" for six single-family lots for property located at 18555 13th Avenue North. Quality Site Design. (2005024F — Res2005-418, Res2005-419) (This item was previously item No. 6.04) 8.256 Deny Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit and Variance to the Subdivision Ordinance to construct 13 multiple family buildings on property located at the southwest corner of the intersection of Nathan Lane and Bass Lake Rd. (County Road 10). Lifestyle Properties. (2005115 — Res2005-420) (This item was previously item No. 6.06) 8.256.1 Approve Findings of Fact for Denial of Wetland Replacement Plan Application for Lifestyle Property, Inc., The Villas of Bass Lake Creek (2005033 — Res2005-421) 8_3 Set Future Study Sessions 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Rezoning of the southwest corner of Bass Lake Road and Nathan Lane 10. ADJOURNMENT Proposed Minutes Special Council Meeting October 25, 2005 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 6:05 p.m. in Conference Room 2, of the Plymouth Creek Center, 14800 34th Avenue North, on October 25, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Stein, Bildsoe, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Planning Manager Senness, Housing Program Manager Barnes, Communications Manager LaFave, Community Development Director Hurlburt, and City Clerk Paulson. Cable Legislative Issue Greg Moore, Executive Director of Northwest Suburban Cable Communications Commission and Northwest Community Television, discussed Federal initiatives that would eliminate and, at best, greatly erode local control of cable television franchises. Cable television franchises give local government the ability to manage local rights-of-way, fund public, educational and government access channels and facilities, and ensuring that all citizens in a community have equal access to broadband services. He requested the Council to adopt a Resolution supporting continued authority of local government regarding franchising of cable services. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to place a Resolution in support of continuing authority of local government regarding franchising cable services on the November 8 Council agenda. With all members voting in favor, the motion carried. ING Land Development at the Northwest Corner of Highways 169 and 55 Representatives of Welsh Companies discussed with the Council their concept of a mixed-use project for an 18 -acre site located in the northwest quadrant of Highways 55 and 169, north and west of the Waterford Plaza office buildings. The sketch indicates a 198 -unit, market -rate rental apartment building; three stories over one level of parking, and two, three-story, 30,000 square foot office buildings. A transit hub would be incorporated into the development. The apartment use would be a multi -family site, and rent would range from $700 to $1,500 per month. If requested by the City, they would consider a portion of the units being affordable. They stated that they have been marketing the site for approximately a year, and they would like to have the apartments constructed in 2008. Proposed funding for this project would come from a pension fund, which would have a 25 -year hold on the property. They believe that the current retail area on this site struggles due to there not being a housing component; therefore, the housing Proposed Council Minutes Special Meeting of October 25, 2005 Page 2 of 2 component is extremely important for the success of this site. They provided a sketch of the appearance of the buildings. Councilmember Willis asked if there is currently enough parking on site. The developers replied there would be ample parking for both uses on site. There would be underground parking for the apartments (one space per unit), plus an additional 300 parking spaces for the business use. Councilmember Slavik stated she doesn't support the housing component, and she feels that in 20 years, this wouldn't be a plus for Plymouth. Councilmembers Stein, Hewitt, and Black noted that there would be issues surrounding the adjacent warehouses and loading, and the housing portion would be so isolated. The developers stated that management is the key element for any type of housing, and it's not about the product and location, but about managing the development professionally. Community Development Director Hurlburt asked what type of recreational opportunities would be available for residents/families. The developers replied there would be an exercise facility and outdoor pool. They stated that they doubt if families would be a major player in this type of housing. Mayor Johnson commented that the residential component could enhance redevelopment in the area. Councilmember Bildsoe agreed and stated a mixed-use development would be a good investment in the area. Therefore, he supports the concept of this development. The Council commented that they would like to see something on this site that would encourage redevelopment in this area, especially the industrial buildings north on Highway 169. Councilmember Stein stated perhaps the City needs to go through the planning process that was established five years ago to determine if this redevelopment would fit this area. Adjournment Mayor Johnson declared the meeting adjourned at approximately 7:00 p.m. Sandra R. Paulson, City Clerk Proposed Minutes Regular Council Meeting October 25, 2005 Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Black Box Theater, Plymouth Creek Center, 14800 34th Avenue North, on October 25, 2005. COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Stein, Slavik, Bildsoe, Willis, and Black. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Fire Chief Kline, Finance Director Hahn, Sergeant Lindman, 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 present to address the Council. Presentations and Public Information Announcements 4.01) Presentation on Wayzata School District's Referendum Steve Brantner, Communications Director, and John Moroz, School Board Member, discussed the Wayzata School District referendum on November 8. 4.02) Announcement of 112005 National Student Leader Difference Maker Award" Sue Iverson, Wayzata High School's Student Council Advisor, along with members of the Student Council, announced that they recently received the 2005 National Student Leader Difference Maker Award for their monthly project at the Plymouth Colony Apartments. 4.03) Presentation on Hopkins' School District Referendum Dale Feste, School Board Chair, and Yvonne Selcer, Board Director, discussed the Hopkins School District referendum on November 8. 4.04) Update on Interfaith Outreach and Community Partner's Sleepout Campaign and the "Sleepless Sleepout" Jill Kohler reported on the 2005 Sleep Out event and the Youth Advisory Council's Sleepless Sleepout on November 12 at 6:30 p.m. 4.05) Announcement of Pumpkin Drop -Off on November 5 Proposed Council Minutes Regular Meeting of October 25, 2005 Page 2 of 8 Councilmember Slavik announced that residents can drop off their pumpkins at the Public Works Maintenance Facility on November 5 from 9:00 a.m.-1:00 p.m. Approval of Agenda Mayor Johnson removed item No. 6.06 from the agenda as per request of staff. Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe to approve the amended agenda. With all members voting in favor, the motion carried. Consent Agenda Councilmember Hewitt removed item No's. 6.03 and 6.07, and they were placed under General Business as item No's. 8.2 and 8.3 respectively. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black to adopt the amended Consent Agenda that included the following items: 6.01) Minutes of the Regular Council Meeting of October 11. 6.02) Resolution Approving Disbursements for the Period Ending October 14, 2005 (Res2005- 395). 6.03) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2). 6.04) Resolution Approving a Site Plan Amendment for AMB Property Corporation, to allow a Parking Lot Expansion at 13100 12'h Avenue North (2005117 — Res2005-396). 6.05) Resolution Approving a Site Plan Amendment to install Two Air -Handling Units and Additional Utilities at the Site located at 5905 Trenton Lane North (2005126 — Res2005-397). 6.06) (This item was removed from the agenda). 6.07) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.3). 6.08) Resolution Declaring Adequacy of Petition and Ordering Preparation of Preliminary Engineering Report for Street Lighting for 4385 and 4465 Trenton Lane (Res2005-398), and a Resolution Receiving Preliminary Engineering Report and Ordering Project for Street Lighting for 4385 and 4465 Trenton Lane (Res2005-399). 6.09) Resolution Authorizing the Conveyance of Tax -Forfeited Parcel, Lot 2, Block 1, Wood Proposed Council Minutes Regular Meeting of October 25, 2005 Page 3 of 8 Creek to the City of Plymouth for Public Use (Parcel No. 24-118-22-23-0027 — Res2005-400). 6.10) Resolution Authorizing the Mayor and City Manager to Execute Agreement No. PW 39- 17-05 for Partial Funding for Union Pacific Trail Crossing along CSAH 61 (Xenium Lane) at 13th Avenue (5116 — Res2005-401). 6.11) Resolution Approving Purchase of Road Salt Off the State of Minnesota Contract for the 2005-2006 Snow Season (Res2005-402). 6.12) Acceptance of Third Quarter 2005 Financial Report. 6.13) Resolution Approving Final Payment to Fabcon Incorporated (Res2005-403). 6.14) Resolution Approving Revisions to the Plymouth Goose Management Program Res2005-404). 6.15) Resolution Appointing Election Judges for November 22, 2005 Special Election Res2005-405). Mayor Johnson stated she would be abstaining from voting on item No. 6.15. Motion carried to approve the Consent Agenda. Public Hearings There were no public hearings scheduled). General Business 8.1) Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit, and Variance for Lifestyle Properties (southwest corner of the intersection of Nathan Lane and Bass Lake Road — 2005115) Community Development Director Hurlburt reported on the application for Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit, and Variance for the construction of 13 multiple -family buildings to be called the "Villas of Bass Lake Creek" property at the southwest corner of the intersection of Nathan Lane and Bass Lake Road). She stated that this project was the subject of a land use study completed in 2001. She stated one of the key planning issues identified was that the development of this site should be sensitive to ensuring appropriate transitions between different land use types and intensities. The study and Comprehensive Plan list many different types of transitions that developers could use including natural features like wetlands, man-made features like roads, building orientation, buffering and screening, increased distance between uses, and graduating land use intensities. The proposed buildings in this development and the adjacent homes would be separated by wetlands, ponds, a Proposed Council Minutes Regular Meeting of October 25, 2005 Page 4 of 8 private road, and mature trees. The buildings are oriented so they back up to the rear yards of the adjacent homes and are designed with a similar roof pitch as the homes in the area. The applicant has proposed to plant trees and shrubs to reduce the visibility of the buildings over time. These are all techniques suggested as transitions in Chapter 4 of the Comprehensive Plan. She stated originally, the applicant proposed the RMF -4 zoning over the portion of the property south of the Bass Creek) guided for residential uses. The proposal included 13, 12 -unit buildings (156 units) and 169 surfacing parking spaces. The density was 10.92 per acres. The applicant requested a continuance of the public hearing and redesigned their proposal to apply the RMF -3 district over two buildings and reduce the height accordingly. The other 11 buildings were proposed to be zoned RMF -4. This change reduced the overall density to 10 units per acre 144 units) and allowed the applicant to reduce the surface parking to 139 parking spaces. On August 17, 2005, the Planning Commission had a split vote. Those voting to recommend denial of the project cited the following: 1) the five buildings closest to the adjacent properties should be zoned RMF -3, rather than only two buildings; 2) concern regarding the size and location of the parking lots; and 3) concern that the infrastructure (shopping and services) was not adequate in the area. After the meeting, the applicant withdrew their application. The current request is to rezone a larger portion of the property to the RMF -3 district (five buildings) which results in fewer units (a total of 136 units) and reduces the need for surface parking lots (a total of 86 surface parking spaces are provided). The applicant removed 12 units from the buildings on the south and west sides of the development and 53 parking spaces from the parking lots closest to those buildings. The proposed density is 9.5 units per acre. She stated the major issue for the Council this evening is the rezoning policy issue. She noted that there are a number of zoning classifications that could be consistent with the Comprehensive Plan for this area. The real key is the transitions/land use compatibility (architecture/scale and appearance of development), distance from adjacent uses (backyards serving as transitions between uses), separation using natural features, and buffers/screening (parking lots). Other issues that were discussed at the Planning Commission meeting included proposed density, traffic, accessibility to services, transit, wetlands, storm drainage, design for senior market, rental vs. ownership, crime, variance for sidewalk, and pedestrian circulation. She stated the Planning Commission recommends approval of the proposed project. She stated if the Council were to deny the plan, she requested that they direct staff to prepare findings of fact consistent for denial at a future Council meeting. Bill Gleason, applicant, illustrated that the four buildings on the west side and the one building on the southeast part of the property have been changed to two-story buildings. He stated the idea of the RMF -4 zoning is for aesthetic reasons, as they elected to go with a roof that compliments the housing in the area. If they were to construct a flat roof on those buildings, it would fall under the requirement of RMF -3 zoning. He stated they considered many types of housing for this area, and the senior use seemed to be the best fit. He stated based on their experience, approximately 90% of the units would be occupied by seniors and the remainder by single individuals. He illustrated the floor plans and the elevation of the buildings in comparison to the surrounding homes. Proposed Council Minutes Regular Meeting of October 25, 2005 Page 5 of 8 Mayor Johnson asked Mr. Gleason why they haven't age restricted the project. Mr. Gleason replied they did that with another project, and they found it to be problematic, as sometimes one spouse could comply with the requirement, but the other couldn't. Mayor Johnson suggested that perhaps they make the requirement that one of the occupants needs to be 55 years old. Mr. Gleason stated the development is designed for senior citizens, but they could certainly consider that. He added that the price range isn't conducive for young families. He indicated that this type of housing is on the upward scale for demand. Community Development Director Hurlburt discussed the different zoning classifications (RMF - 1, RMF -2, and RMF -3), densities, and the height requirements for structures within each of those zoning districts. Motion was made by Councilmember Slavik and seconded by Councilmember Hewitt, to direct staff to prepare findings of fact consistent with denial for the November 8 Council meeting. Councilmember Slavik stated that the proposed development is too dense, and she doesn't feel that this development is in the best interest of anyone in the area, even into the next 25 years. In addition, she stated that there isn't an adequate transition between this development and the adjacent housing developments. Councilmember Black stated that the City has reviewed this property in terms of the southern and western exposures to the adjacent homeowners, and she noted that two other adjacent sides to this property are zoned commercial. She stated the difficulty is to provide proper transitions between all the uses. She noted that to some extent, this proposal did start that. The height of the inner core buildings would protect those homes on the west and to the south from the lights and noise from commercial area. Sharon Slye, 5590 Trenton Lane, noted that there are affordable housing units in Cardinal Ridge. James Sweat, 5545 Nathan Lane, No. 5, stated regarding the density calculations, there would be 13.8 units per acre with the larger buildings and 5.6 units per acre with the smaller buildings. Therefore, the density levels would exceed what is allowed. Mayor Johnson stated he is correct, but the density is figured on the average of the development. He stated that there is a traffic problem at the Nathan Lane intersection even though the Planning Commission didn't state that. He requested that if this is to be a senior housing development, the developer dedicates it entirely for that use. Jerry Unger, 10607 57th Place North, stated he is concerned about the drainage from this development into the Bass Creek and wetlands, as it would go into a water quality pond at the banks of Bass Creek. He noted that Bass Creek was recently declared an impaired waterway by the Minnesota Pollution Control Agency. He stated that the water quality pond could be located elsewhere on this site so the drainage could be filtered correctly. Francis Hanson, 5660 Trenton Lane, stated her property borders the south side of the proposed Proposed Council Minutes Regular Meeting of October 25, 2005 Page 6 of 8 development, and the proposed buildings would only be approximately 150 feet from her property. She stated children from this development would need to walk through her yard to get to the nearest neighborhood park. Councilmember Bildsoe stated that he is concerned with the stacking of traffic on Nathan Lane, and that needs to be addressed. He stated he would prefer to see RMF -2 zoning for this property. Councilmember Hewitt agreed with Councilmember Slavik that there isn't a good transition between this development and the adjacent housing developments. She requested that staff try to incorporate transit opportunities with future developments that come before the City. Councilmember Stein stated that he would be supporting the motion, but he acknowledged that this is difficult property to develop with the commercial areas to the north and east. Councilmember Willis stated he is also concerned with the transition between this development and adjacent developments. He also noted that the transition should occur on the developer's property, not the neighbors'. Councilmember Black recommended that the City review a RMF -2 zoning for this property, which would be to change the guiding to LA -2. Mayor Johnson agreed that there is a lack of a good transition between the developments, and compatibility between the uses. She stated she is also concerned about the elevations of the buildings. There being no further discussion and with all members voting in favor, the motion carried. 8.1.1) Wetland Replacement Plan for Lifestyle Properties Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to postpone the Wetland Replacement Plan for Lifestyleperties until November 8. With all members voting in favor, the motion carried. 8.2) Planned Unit Development Amendment for Seven Greens and Seven Greens 2"d Addition (2005107 — northeast corner of Schmidt Lake Road and Vicksburg Lane) Councilmember Hewitt stated the applicant has requested to amend the Planned Unit Development to allow construction of garages with more than 1,000 square feet for single-family homes. She stated correspondence was received from Nelson Muller, regarding this development containing large homes on small lots. Mr. Muller requested that driveway access to the rear garage/storage area and overhead door not be permitted. Community Development Director Hurlburt stated that staff discussed the issue of not allowing driveways to the storage area with the developer, and that was acceptable him. Regarding eliminating the overhead door, that would eliminate storage possibilities. She stated that staff has provided a revised Ordinance and Resolution to the Council this evening that would Proposed Council Minutes Regular Meeting of October 25, 2005 Page 7 of 8 eliminate the driveway, but still allow overhead garage doors. Curt Swanson, President of Swanson Homes, stated that when this Planned Unit Development was approved a few years ago, he wasn't aware that they weren't allowed the "garage under garage" situation. It was mentioned when a customer desired to construct that type of arrangement. He suggested that rather than an 18 -foot wide garage door, that it be reduced to a nine -foot wide door, which would make it aesthetically a better situation. He stated regarding the driveway access, he doesn't support an asphalt or concrete driveway to the rear of a garage. Motion was made by Councilmember Hewitt, and seconded by Councilmember Willis, to adopt the revised Ordinance Amending Chapter 21 of the City Code to Amend Section 21655.28 for the Seven Greens PUD (2005107 - Ord2005-28), revised Resolution Revising Condition No. 4 of Resolution No. 2001-256 and Approving a PUD Amendment for Swan Development, LLC to allow the Construction of Garages in Excess of 1,000 square feet for Single -Family Homes in the Seven Greens PUD located at the Northeast Corner of Schmidt Lake Road and Vicksburg Lane 2005107 — Res2005-406) with an amendment to allow nine -foot wide garage door, and a Resolution Approving Findings of Fact for Amending the Zoning Ordinance Text for the Seven Greens PUD (,2005107 — Res2005-407). With all members voting in favor but Johnson, the motion carried. 8.3) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for City Center Street Lighting Project (4143) and the Vicksburg/25th Avenue/Shenandoah Signal Project (5105) Councilmember Hewitt voiced her concern that the signal for Project 5105 should be further down to the next development. She stated that this stoplight would be the catalyst to get the speed lowered in the area, and she requested that a traffic study be done after the Lowe's development is up and running after a year. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to adopt a Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for City Center Street Lighting Project (4143 — Res2005-408). Public Works Director Cote that staff would be updating residents in this area what would be occurring. There being no further discussion and with all members voting in favor, the motion carried. Reports and Staff Recommendations There were no Reports and Staff Recommendations. Adiournment Proposed Council Minutes Regular Meeting of October 25, 2005 Page 8 of 8 Mayor Johnson declared the meeting adjourned at approximately 9:20 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: October 31, 2005 for the City Council Meeting November 8, 2005 I 1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for the period ending October 28, 2005. 2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the period ending October 28, 2005. Anchor Bank General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS 237,909.04 422,923.14 2,455,943.27 5,691.94 3.122.467.39 P'J1?rW'--qzC10PA-'0- z-, 3. RECOMMENDATION: I hereby approve the attached listing of disbursements and recommend same for payment. 1 Laurie Ahrens Invoice Expense Distribution for Period Ended 10/31/05 FUND 101 General Fund 121,688.54 201 Recreation Fund 12,909.97 202 Parker's Lake Cemetery Maint 0.00 203 Transit System Fund 98,876.73 204 Community Development Fund 0.00 205 Diasaster Donation Manage Grant 2,205.00 207 Economic Development Fund 0.00 220 Comm Dev Block Grant Fund 2,228.80 250 HRA Section 8 Fund 5,650.54 251 HRA General Fund 41.40 302 GeneralObligation Refunding D/S 0.00 401 General Capital Projects Fund 4,850.48 402 Minnesota State Aid Fund 0.00 404 Building & Equipment Rev. Fund 8,734.52 406 Park Replacement Fund 0.00 407 Infrasturcture Replacement Fund 0.00 408 Project Administration Fund 0.00 409 City & Community Parks 0.00 410 Neighborhood Parks 0.00 411 Capital Improvement Fund 0.00 413 Community Park Acquisition 0.00 414 Neighborhood Park Acq/Dev 0.00 415 2003 Street Reconstruction 0.00 416 2004 Street Reconstruction 50,864.60 421 Utility Trunk Fund 0.00 422 Unfinanced Imp Construction 166,138.84 425 Shenandoah Housing Imp. Area 0.00 426 Shenandoah Administration 0.00 428 Activity Center/Fieldhouse 0.00 430 Public Safety Expansion 19,294.59 431 HRA Senior Apt. Constr Fund 4,494.40 440 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 168,545.71 501 Water Fund 2,010,750.99 502 Sewer Fund 13,034.61 503 Solid Waste Management Fund 10,370.64 504 Recreation Facility Fund 126,643.76 505 Water Resources Fund 41,027.48 506 Activity Center Fund 0.00 507 Field House Fund 38.42 601 Central Services Fund 129.40 602 Central Equipment Fund 59,473.63 603 Risk Management Fund 12,547.82 604 Design Engineering Fund 0.00 605 Employee Benefits Fund 167,319.65 606 Information Technology Fund 8,669.67 607 Public Facilities Fund 5,937.20 720 Senior Housing Bond Trustee 0.00 730 1-494 Corridor Commission 0.00 Total Invoice Expense Distribution: 3,122,467.39 Check Register Date: 10/31/2005 Time: 9:10:17 AM COUNCIL REPORT - CHECK REGISTER 10/15/2005 Through 10/28/2005 Vendor Name/ Invoice Amount Check # Invoice Description AIIM International 05P06 ECM Tookit+yr Membersh $125.00 76882 Page 1 of 18 Check Amoul 125.00 Adams, Arletta Park and Rec Refund $27.00 76883 $27.00 After Five 10.9.05 PCC Senior perf $175.00 77028 $175.00 Airgas North Central PD rental cyclinders $52.35 76884 $52.35 All Star Wireless Holster $15.96 77029 $15.96 American Engineering Testing Proj3132 to 9.18.05 $222.00 76885 $222.00 American Fastener Coupling/hx cap/spray pnti $164.00 77030 $164.00 American Minority Business Frm 6 sets business cards $120.81 76886 $120.81 Ameripride 10.6.05 PC towel service $29.50 77031 $29.50 Anchor Paper Royal fiber/wausau cover 2000 33.09 77032 65.25 Paper-tangerine/lemon/pk/lime/ 32.16 Anderson, Karen Emergent Zone Planting 1,636.50 76945 1,636.50 Andreen, Rhonda 10.5.05 Snow Expo registr 25.00 76995 25.00 Anoka Technical College Deakins/Heying-HM First Respon 1,089.30 77033 1,089.30 Appletree Institute Nov05 Employee Medical Ins 159,702.00 76887 159,702.00 Aramark PC 2dcf,2reg,I tea,4 crm,2sgr 144.57 76888 144.57 Arrow Terminal LLC Junct bx/circuits/spool brke/f $324.18 77034 $324.18 Artistic Moments 10.24 Watercolor India ink $70.00 77097 $70,00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Astleford International Page 2 of 18 Kit Fuel Filter $51.11 76889 $51.11 At the Lake Apartments Oct05 HAP $77.00 76890 $77.00 Auto Glass Specialists Inc. 2,265.00 77038 $29,793.72 Proj3132 Aug05 772.00 Evidence proc hit/run case 70.00 77035 70.00 Axsys Technologies 463.79 Proj3108 Aug05 16,220.39 Viper thermal image camera rpr 1,330.36 76891 1,330.36 BKV Group Inc Proj3134 9.25.05 PS/CC 7,623.61 76892 7,943.61 Proj3134 9.25.05 PS Fum 320.00 Barton Sand & Gravel Co. 328.01 77040 826.42 9.20/9.29 215.57tn CL5,sand 1,677.51 76893 1,839.93 10.12/10.13 21.84tn CL 5 rcyl 162.42 Bass Lake Hills Townhomes 498.41 77183 498.41 Oct05 HAP 1,063.00 76894 1,063.00 BearCom Falcon pwr chrger 36.26 77036 36.26 Benson -Orth Associates R200506654 5.10.05 Erosionref 1,000.00 77037 1,000.00 Bolton & Menk Inc Proj4142 9.30.05 $6,120.50 76895 $6,120.50 Bonestroo Rosene Anderlik Aug05 General 2,265.00 77038 $29,793.72 Proj3132 Aug05 772.00 Proj2045 Aug05 1,162.15 Proj4135 Aug05 8,910.39 Proj5107 Aug05 463.79 Proj3108 Aug05 16,220.39 Borgen, Sally 8.29.01 P&Rrefund $14.00 77001 $14.00 Bye, Nancy 8.10/10.13 HAM lunch meetings $22.00 76973 $22.00 C & R Technology Relocate Admin phone lines, $1,262.42 76999 $1,262.42 C & R Technology CC paging syst,tddy line&print 120.00 77143 390.00 PW install voice&data 270.00 C.S. McCrossan Const., Inc. 9.29 103.03tn 41A Wear 3,182.08 76896 3,182.08 CDW Government Inc Ipswitch Whatsup Pro 2005 1,158.71 76897 1,158.71 CDW Government Inc Edge 512mb 328.01 77040 826.42 Transition nw 10/100 to 100bfx 498.41 CDW Government Inc Transition NW 10/100 to 100bfx 498.41 77183 498.41 http://cityintemal/asp/asp_reports/financelcc_check.asp?sFroniDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 3 of 18 Campbell Knutson Prof Assoc 6.37 76900 $11,344.37 Hilde Center 9.21 Sep05 Attorney services 34,645.22 77041 34,645.22 Carefree Services Inc 768.66 Ice Arena/Irrig 365.56 4/final'05 Street sweeping 18,209.80 76898 18,209.80 CenterPoint Energy/Minnegasco 406.24 Parkers Plyfld 727.66 8.18/10.1.05 Heat bill 16,426.10 77042 16,426.10 Chapchay, Laura 607.02 FS 2 205.05 Oct05 HAP 942.00 76951 942.00 City of Brooklyn Park Buske,Kunzlferror At Beslan $220.00 76899 $220.00 City of Plymouth/Sewer & Water Metrolink/Reserve 6.37 76900 $11,344.37 Hilde Center 9.21 Greenwood Pk 263.21 Elm Crk Plyfld 1,368.89 Activity Field Hse 768.66 Ice Arena/Irrig 365.56 Ice Arena 1,413.60 PS 424.28 Bass Lk Plyfld 406.24 Parkers Plyfld 727.66 FS 3 198.22 Pavilion 325.02 Zachary Pk 607.02 FS 2 205.05 PW 737.74 CC 326.82 E Med Lake 44.80 Plym Jr Hi Plyfld 406.24 Lacompte Pk 306.59 Oakwood Pk 1,304.95 PCC 825.93 HS 6.04 FS 1 296.27 City of Wayzata Unit 596 sales tax&fees $1,856.76 76901 $1,856.76 City of Wayzata 144 title/plates/admin fee $17.50 77043 $17.50 Commercial Asphalt Co. 10.4/10.14.05 41.07tn 41A Wear 1,292.50 76902 1,292.50 Commissioner of Transportation B Broekema "Bit Street 2 250.00 76903 250.00 Computer Electronics Salvage 18 Monitors,4 printers,4 UPS b 330.00 77045 330.00 Constructive Ideas Proj5108 Sep05 3,970.00 77046 8,668.75 Proj3134 Sep05 PS/CC expans 4,698.75 Cote, Doran 9.20/10.20125 Mileage reimb 60.63 77056 60.63 Cwayna, Sara Untiedfs/300 pumpkins Fire op 300.00 77002 365.20 FedexKinkos/Posters-Fire dept 65.20 Czars of Tar Inc http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 4 of 18 76 Kingsview/driveway Rehab $2,100.00 77047 $2,100.00 DSS Commercial Inc Sep05 Bus shelter lawn/maint 1,641.17 76904 2,508.09 Sep05 Cheshire shelter maint 728.46 9.23.05 Messiah lawn sery 69.23 9.23.05 Covenant lawn maint 69.23 Dalco PC 4cs hand towels 276.18 76905 1,299.47 CC 12cs roll twl, 10cs tp 1,023.29 Data Recognition Corporation Sep05 UB processing 1,364.09 76906 1,364.09 Data Recognition Corporation 100,000 # 10,80,000 #9 UB env 6,515.67 77050 6,515.67 Dawson, Margaret Park and Rec Refund 21.00 77051 21.00 Dawson, Margaret Park and Rec Refund 3.00 77052 3.00 Designwrite Studios Sep05 Envir Extra 708.75 76908 1,374.25 Sep-Oct05 Plym News 665.50 Digital Combustion Inc Updated computer fire tactics 231.78 76909 231.78 Discount Steel Inc 100 HR plates 1/4x4" 221.52 77054 221.52 Doboszenski & Sons, Inc. Proj4101 #6/Final'04 Str Rcns 28,717.00 76910 50,864.60 Proj4102 #5/Final'04 Str Rcns 22,147.60 Dockman, Arlene Park and Rec Refund $3.00 77055 $3.00 Dundee Nursery&Landscaping Co. E Blank House plant $34.39 77057 $34.39 ESS Bros. 2 -Ci adj rings $317.37 76911 $317.37 Earl F. Andersen, Inc. 20 42" Float $3,940.50 76912 $3,940.50 Earl F. Andersen, Inc. 12 Xpotential impact curb $434.90 77058 $434.90 Edward Jones Park and Rec Refund $287.55 77059 $287.55 Egan Oil 8499gl unleaded @ 2.2787 $21,312.94 77060 $21,312.94 Elk River Ford Unit 596'05 Ford F450 $28,065.55 77061 $28,065.55 Erickson, Ernest Park and Rec Refund $3.00 77062 $3.00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Erickson, Richard Page 5 of 18 11.17.05 Volunteer recog event $275.00 76996 $275.00 Esch Construction Supply Inc 2 -Prem plus dry cut diamond bl $479.25 77063 $479.25 Evans, Diane 9.93 10.17/10.21 SanAntonio NRPA 1,117.20 77053 $1,117.20 Express Messenger 5.33 10.3/10.10 Attorney P/U 37.80 77064 $37.80 FSH Communications LLC 104.79 Oct05 E Med LK outside pay 58.58 76913 $175.74 Oct05 473.9818/559.9753 117.16 Fabcon Inc Proj3129 #4/final IC expansion $30,494.80 76914 $30,494.80 Farris, Roberta Lynn Payroll Generated Invoice $443.54 76998 $443.54 Fastenal 4 7/8-9x4-1/2 GR5 9.93 77065 120.05 18 1/4-200/4 SSS 5.33 77068 230.00 1 T-rod,18 7/8-9x6,20 7/8-9 FH 104.79 Fedex 57,745.42 76917 57,745.42 8.25/9.14 CE,Eng,Fire, PM 146.79 76915 146.79 First State Tire Recycling 425.34 76918 425.34 150 used car,3 semi tires 138.69 76916 138.69 Fitch, Nicole 157.82 77069 644.55 Park and Rec Refund 295.35 77066 295.35 Flexible Pipe Tool Co. Shuttle valve,valve housing,ca $702.45 77067 $702.45 Force America T Nelson/Municipal Hydraulic 230.00 77068 230.00 Frattalone Companies Proj3129 #9/fmal IC expansion 57,745.42 76917 57,745.42 G & K Service Inc Public Works Uniform Rntl 425.34 76918 425.34 G & K Service Inc 10.3.05 CC rug service 157.82 77069 644.55 Public Works Uniform mtl 486.73 G F Jedlicki Inc Proj4144 #2 Trunkwtrmain $125,568.95 77070 $125,568.95 GCS Service Inc 9.28.05 PC oven repairs $119.50 77071 $119.50 GS Direct Inc 4 -Color bond $200.05 76919 $200.05 General Repair Service WTP1 rpr bubbler control $329.10 76920 $329.10 http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Getten, Glenda Page 6 of 18 Park and Rec Refund $27.00 77072 $27.00 Glass Doctor Hilde perf center glass rpr $449.24 76921 $449.24 Goldstein, Mike Downtown parking/workshop $13.00 76971 $13.00 Gopher State One -Call, Inc. Sep05 33 CC locates $44.55 76922 $1,609.20 Sep05 1159 SW locates $1,564.65 Grainger Tool chest/cleaner/degreaser 62.75 76923 $756.15 1 Stone sharpening 44.00 IC clamp 51.66 Cable tie 29" 163.67 Spotlight portable 47.88 Cable tie/sand belt 301.51 Socket set 26pc 76.63 D batteries 8.05 Grainger Sz 13 boot/gloves 362.63 77073 $2,160.97 Ballast/fuse/flashlight 127.99 Ocuupancy sensor 27.47 Faucet electronic 473.98 Cutter general purpose 95.81 Truck box crossover 372.86 Cable tie/cable tie tool 337.25 6lamp, I2 lamp 231.38 Cutter/level, I/measure tape/w 266.57 Cr inv #4959884752/rtn 171.57) Boot size 13 19.48 Pressure gauge 3.08 Impact socket 14.04 Graybow PS overhead projector 4,212.31 76924 4,212.31 Gregerson, Sue Water quality grant landscape 200.00 77013 200.00 Gynon, Inwin 12960 39th Ave unity refund 13.23 77085 13.23 Hageman, Kristen 8.29/8.31 NRC conf parking 27.00 77098 27.00 Hahn, Dale E 9.16/10.19 310 MNGFOA,LMC 150.35 77048 150.35 Hardrives, Inc. Proj4134 #3 Vcksbrg/Hwy55 167,601.76 77074 167,601.76 Harvard Business Review 05P06 Subscr/T Zhang 99.00 76925 99.00 Hawkins Water Treatment 35841b Hydrof,2899.61b C-9,250 3,041.94 76926 3,041.94 Hawkins Water Treatment Ipail LY aquamate,chlorine tes $176.28 77075 $3,240.92 1pail Ly aquamate $168.70 330 Sodium Hypochlorite $276.24 1212.75 Potassium Perm in 55.1 $2,451.00 1pail Ly aquamate $168.70 http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 7 of 18 Hawkins, Ash,Baptie & Co. Oct05 Section 8 Acctg sery 204.00 77076 204.00 Healthfund of Minnesota Payroll Generated Invoice 2.00 76927 57.52 Payroll Generated Invoice 3.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 1.00 77077 36.91 Payroll Generated Invoice 5.00 Payroll Generated Invoice 29.52 76985 870.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 2.00 76934 778.30 Payroll Generated Invoice 5.00 Payroll Generated Invoice 4.00 77078 2,668.46 Hebert, Janene 10. 13.05 HAM lunch meeting 11.00 76943 11.00 Hennepin Chiefs Assoc S Larson/Maximizing the Oppor 100.00 76928 100.00 Hennepin Co Information Tech Sep05 Fire Radio lease $3,410.48 76929 $9,301.97 Sep05 Frame Relay network sprt $384.10 Sep05 PD Radio,MDT,MDC's $5,507.39 Hennepin County Sheriff/Bookng Aug05 Booking bal owed $450.00 76930 $450.00 Hennepin County TreasNoter Apr-Sep05 Postal Verif cards $222.92 76931 $222.92 Hennepin Tech College/ck addr M Friske/I-IM Ops tuition 362.60 76932 362.60 Highway 55 Rental Blower motor/8' table 168.12 76933 458.41 200 cubic feet helium Plym on 290.29 Highway 55 Rental Number wheel rental 36.91 77077 36.91 Hintermeyer, Paul Oct05 HAP 870.00 76985 870.00 Hirshfield's 42 5gl White field paint 778.30 76934 778.30 Hirshfield's 144 5gl White field paint 2,668.46 77078 2,668.46 Home Depot 8.29/9.27.05 Hardware Supplies $4,069.81 76935 $4,069.81 Hooley, Cathy Park and Rec Refund $3.00 77079 $3.00 Howard, Gloria Park and Rec Refund $3.00 77080 $3.00 Hydro Metering Technology 4 1.5" M120B meter,] 2"compnd Intron integ rtr/ertq 2" cast iron flange set/Itron 3,192.15 76936 479.25 436.65 4,108.05 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register IAAO Page 8 of 18 05/'06 Hebert Membership $175.00 76937 $175.00 IKI Inc 10.3.05 Instant Piano 120.00 77081 120.00 Image Trend Inc Sep05 HireTouch 1,995.00 77082 1,995.00 In Control Inc 101 Twr rplc level transducer 3,025.31 76938 3,025.31 Indentix Inc Fingerprint equip sery 875.00 76939 875.00 Industrial Supply Co Inc 4 -Ball bearings 38.98 77083 38.98 Infrastructure Tech, Inc. Rpr Prowler wheeled tmsprt 142.71 76940 142.71 Infrastructure Tech, Inc. Prowler 12 pin Y cable 240.58 77084 240.58 J -Craft, Inc. Hinge pin 45.05 76941 45.05 J. N. Johnson Sales & Ser 05 2nd 1/2 Computer Rm Halon 275.00 77086 275.00 JR's Appliance Disposal, Inc 9.24.05 Spec Recycling 2,685.00 76942 2,685.00 JT Packard & Assoc 11.'05/11.'06 UPS maint 1,350.00 77087 1,350.00 Jacobson, Larry 10.19 2 MN GFOAHahn,self 30.00 77101 30.00 Jensen, Jackie Park and Rec Refund 3.00 77090 3.00 Johnson, Tracy 4942 Armwood Ln utility refun 26.61 77166 26.61 Joseph T. Ryerson & Son, Inc. 226688700 Ref water surface 14,653.94 76944 14,653.94 Jusczak, Kurt L Octo5 HAP $979.00 76949 $979.00 Katolight Corporation 05 Generator maint $210.00 77093 $210.00 Kavanagh, Joanne (Jo) 2001 Park and Rec refund $5.00 77091 $5.00 Kilian, Doris Park and Rec Refund $3.00 77094 $3.00 Kleppe, Tom Park and Rec Refund $3.00 77095 $3.00 Knutson Construction Services http://cityintemallasp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 9 of 18 Proj2032 #13 WTP's upgrade $963,980.00 77096 $963,980.00 Kriss Premium Products Inc IC 30gl CWT -560 Twr Trtmnt $555.40 76948 $555.40 LMI 37.50 77102 $9,857.89 04-34 Muller zoning ordinance 2,799.59 1 Boundry microphone 244.94 77099 244.94 LSA Design, Inc. 12.16 Payroll Generated Invoice 45.63 Proj3125 Sep05 CR73/55 15,377.64 76950 15,377.64 Lacrosse Unlimited 41.64 Payroll Generated Invoice 12.16 10.20/10.21 Lacrosse Camp 1,260.00 77100 1,260.00 Larson, Steve Uniforms Unitd/New officer jck 249.95 77157 249.95 Law Enforce Labor Serv./Union Payroll Generated Invoice 129.50 76952 1,104.64 Payroll Generated Invoice 37.00 Payroll Generated Invoice 129.50 Payroll Generated Invoice 13.14 Payroll Generated Invoice 795.50 League of MN Cities Ins Trust 05-10 3.24.05 Sewer backup 37.50 77102 $9,857.89 04-34 Muller zoning ordinance 2,799.59 05-49 9.23.05 Storm cleanup 2,111.50 03-01 1.2.03 Thomas/Williams 4,909.30 Lennox, Eva Park and Rec Refund $3.00 77103 $3.00 LexisNexis Sep05 PD On line charges $150.00 76953 $150.00 Lundgren Bros. R49289 5.23.96 erosion refund $600.00 76954 $600.00 MPWA D Cote/11.16/11.17 MPWA conf $199.00 77104 $199.00 MPWA T Vetsch/Fall conf 11.16/11.17 $199.00 77185 $199.00 MAAO/MN Assoc Assess Officers N Bye/Uniform Stds of Prof app $210.00 77105 $210.00 MES Inc Survivior battery pk $153.79 76955 $153.79 NMS Inc Smoke fluid Igl $63.30 77106 $81.29 Rubber bumper $17.99 MN AFSCME Council #5 Payroll Generated Invoice 45.63 76957 $2,020.08 Payroll Generated Invoice 15.21 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 41.64 Payroll Generated Invoice 12.16 Payroll Generated Invoice 233.87 Payroll Generated Invoice 12.16 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=10%2F 15%2F2005... 10/31/2005 Check Register Payroll Generated Invoice 33.64 Payroll Generated Invoice 30.42 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 9I.26 Payroll Generated Invoice 15.21 Payroll Generated Invoice 12.16 Payroll Generated Invoice 12.16 Payroll Generated Invoice 37.68 Payroll Generated Invoice 185.02 Payroll Generated Invoice 60.84 Payroll Generated Invoice 12.76 Payroll Generated Invoice 252.30 Payroll Generated Invoice 16.82 Payroll Generated Invoice 12.76 Payroll Generated Invoice 16.82 Payroll Generated Invoice 11.44 Payroll Generated Invoice 30.42 Payroll Generated Invoice 16.82 Payroll Generated Invoice 60.84 Payroll Generated Invoice 24.32 Payroll Generated Invoice 76.05 Payroll Generated Invoice 91.26 Payroll Generated Invoice 45.63 Payroll Generated Invoice 121.68 Payroll Generated Invoice 12.16 Payroll Generated Invoice 36.48 MN AFSCME Council #5 Page 10 of 18 Payroll Generated Invoice 12.16 77107 $330.32 Payroll Generated Invoice 51.04 Payroll Generated Invoice 151.38 Payroll Generated Invoice 12.76 Payroll Generated Invoice 12.76 Payroll Generated Invoice 9.15 Payroll Generated Invoice 38.28 Payroll Generated Invoice 9.15 Payroll Generated Invoice 33.64 MN Chiefs of Police/CK ADDR Goldstein/MCPA brkfst/IACP $20.00 MN Chiefs of Police/CK ADDR Plekkenpol/IACP breakfast $20.00 76958 77108 20.00 20.00 MN Child Support Payment Ctr Payroll Generated Invoice $455.00 76959 $1,555.59 Payroll Generated Invoice $902.16 Payroll Generated Invoice $198.43 MN Child Support Payment Ctr Payroll Generated Invoice $86.33 77109 $86.33 MN Commerce Department 05 Unclaimed property 4,682.42 76960 4,682.42 MN Crime Prevention Assoc 06 3 Memberships/Haseman, $120.00 77110 $120.00 MN Dept of Health W Kulesa Risk Assessor Lic MN Environmental Fund 100.00 76961 100.00 Payroll Generated Invoice 5.93 76962 $34.93 Payroll Generated Invoice 7.00 Payroll Generated Invoice 12.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 2,00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 11 of 18 Payroll Generated Invoice 5.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 MN Municipal Utilities Assoc 05 4th qtr safety Compliance 6,404.61 76963 6,404.61 MN Park Supervisors Assn Heitke/Luebeck 4th qtrmtg 60.00 76965 60.00 MN Recreation & Park/CK ADDR M Peterson/The Whole Thing 370.00 76964 370.00 Magney Construction Inc Proj3108 #7 Vcksbrg pump stn 289,867.42 76966 289,867.42 Maintenance Experts Inc OctO5 Everglaze maint 76.32 76967 76.32 Martin Marietta Materials 9.19 22.I Otn FA -2 336.57 76968 336.57 Martin, Kathleen Park and Rec Refund 22.00 77112 22.00 Martinson, Jane 16160 15th Ave Utility refund 6.78 77089 6.78 Master Repair Inc 10.3/10.5 IC Ice machine rprs 814.71 77113 692.21 Cr inv 17333 IC 122.50) Meagher, Duane Park and Rec Refund 511.20 77114 511.20 Metro Fire Orion multi gas detector 168.00 76969 168.00 Metro Fire 4 -Metro Fiberglass helmets 436.72 77115 669.42 2 -Metro Fiberglass helmets 232.70 Metro Siding Inc 510 Orchid Ln refund permit 80 96.90 77116 96.90 Metro Transit/Metrolink Aug05 Metro Transit 96,224.14 76970 96,224.14 Metro Womens Center Park and Rec Refund 275.00 77044 275.00 Metro Womens Center Park and Rec Refund 175.00 77184 175.00 Metrocall 10.22/11.21 RAD pager rental 79.75 77118 79.75 Michaud, Regina I0.17/10.21 SanAntonio NRPA 1,077.70 77142 1,077.70 Midwest Art Fairs 9.16.06 Plym Autumn Arts Fair 120.00 77119 120.00 Minneapolis Area Association o Park and Rec Refund $127.80 77120 $127.80 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 12 of 18 Minneapolis Area Association o 10.15 40 Std bike helmets 340.00 76977 $340.00 Park and Rec Refund 702.90 77121 702.90 Minnesota Elevator Inc 23.15 Wristrest mosuepd 10.00 Sep-Oct05 Zachary Elev sery 100.74 76972 100.74 Miracle Recreation Equipment 63.12 Lbl c/c 1.78 Tornado desk mount w/temp 2,358.83 77122 2,358.83 Mittelstaedt, Sara 60.47 3bx envelopes 17.86 10.7/10.13 Sam's,Blockbuster, 142.55 77003 142.55 Mittelstaedt, Sara Ingebretsens/3 toothpick flags 20.88 77147 20.88 Mobile Lock And Safe Co. 2 -Door closer alum 357.84 77123 357.84 Natgun Corporation Proj3108 #8 Vcksbrg reservoir 446,041.62 76974 446,041.62 National Waterworks Inc 1 1/4" cb lid w/plug 79.75 76975 79.75 Nesbitt, Robert 10.3/10.14.05 MN Joint Analysi 2,205.00 76997 2,205.00 Nextel Communications 9.8/10.7.05 122 cell phone 3,446.53 76976 3,446.53 Niemela's Signs & Graphics R516956 overpay P20054859 $25.00 77124 $25.00 Norsan Liner/Broom/Floor finish $318.06 77125 $318.06 Northern Safety Technology 35 watt snap in bulb $45.92 77126 $45.92 Northland Business Systems CD 4 Okidata 2450 toner $207.96 77127 $207.96 Northwest Metro Mpls SAFE Kids 10.15 40 Std bike helmets 340.00 76977 $340.00 Office Depot 40.40 Highlighter/sealing tape/sheet 34.19 76978 $416.72 Marker board 23.15 Wristrest mosuepd 10.00 9v batteries 31.57 Tape seal/prosleeves 8.19 Envelopes/post its/non stick g 63.12 Lbl c/c 1.78 Scissors/Isr labels/pen 56.30 Name badges blu/red/gld/plain 17.64 Binder/clips/packing tape/pkt 60.47 3bx envelopes 17.86 Pckt fle/ltrjacket/popup not 92.45 Office Depot Binder/clips/note pad/pens/hng 28.53 77128 $390.27 Air duster/ribbon 40.40 Portfolio flxvw 21.41 Ltr paper/label/Itr opener/pos 53.10 290211448/laser mouse 3.28) http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F15%2F2005- 10/31/2005 Check Register Page 13 of 18 phone stand/steno pad 15.07 Return phone stand 7.88) Name badge 24.67 Prosleeves cd refill 10.64 Refill Jan -Dec 19.72 Sol systems binder 46.85 Planners,desk refills 57.33 Cr inv 309135149 57.33) See Cr inv 309404758 57.33 Frame document 5.91 Copy holder 37.22 Const paper 40.58 Oil -Air Products, Inc. 3.00 Gatm-10 44.71 76979 $44.71 Oil -Air Products, Inc. 1.00 2-4mj/6fp/4fj 18.28 77129 $18.28 Olsen Chain & Cable, Inc. 1" & 5/8" std J -Hook $284.15 77130 $284.15 On Site Sanitation 9.24.05 Plymouth on Parade 617.70 76980 617.70 Open Your Heart Payroll Generated Invoice 1.00 76981 12.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Overson, John 3625 Alvarado Ln utility refun 90.16 77092 90.16 PAM Oil AC pad kit 50.34 76982 1,153.21 Oil filter/air filter/trans fi 139.43 Drum charge/wipe of windshld w 457.16 AC filters 147.65 Wipe off 55gl drum deposits 53.25) AC battery 129.90 Pad kit 60.37 AC pad kit 60.37 Oil filter/pad kit/air filter 62.13 9 -Fuel filters 99.11 PAM Oil Oil filter/element/fuel filter 46.82 77131 463.78 22 -Oil filter 83.88 AC battery 287.08 Sensor H 46.00 Pantel, Annette Park and Rec Refund 11.00 77132 11.00 Park Construction Proj4142 #1 Revere Ln extens 120,357.93 76983 120,357.93 Park Nicollet Clinic 8.3/9.12 MRO's,UDS $105.00 77133 $105.00 Parkside Apartments Oct05 HAP $1,072.00 76984 $1,072.00 Performance Kennels Inc 2 351b bag dog food $78.49 76986 $78.49 http://cityintemal/asp/asp_reports/financelcc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 14 of 18 Petty Cash 6.17/10.13 parking,etc $156.09 76987 $156.09 Plekkenpol, Daniel 9.23/9.28 ICPMiami conf $77.54 77049 $77.54 Plymouth Automotive Inc. 97 Lexus tow $243.05 76988 $243.05 Pond & Lighting Designs Inc PC fall fountain rmvl $235.00 77134 $235.00 Prairie Fire Theatre 8.20/8.26.06 Theatre residency $300.00 77135 $300.00 Pregler, Kevin 10.5/10.7 meals,gas Nisswa MN 78.98 76947 78.98 Printers Service Inc 3 -ice knife sharp 51.00 77136 51.00 Quality Restoration Services 5815 Jonquil/water main rprs 1,326.38 77137 1,326.38 Qwest Oct05 FS 2 91.50 77138 172.62 Oct05 FS 1 81.12 R M R Services Inc Aug-Sep05 meter reads 5,482.80 76990 5,482.80 RDO / Burnsville Bearing HO wh16b 132.64 76989 132.64 Radisson Hotel 2STMTKV R Busch/MRPA conf 162.00 77139 162.00 Ramsey Correctional Facility Lake Camelot/Reserve seedlings 4,245.09 76991 4,245.09 Rapit Printing Company 400 Plym recycling dropoff 43.72 76992 43.72 Rapit Printing Company 10,000 Vehicle Inspec report 1,355.36 77140 1,355.36 Raskob, Marcella Park and Rec Refund 3.00 77141 3.00 Reed Business Information proj5120 9.23.05 legal ad 103.02 76993 206.04 Proj5120 9.30 Legal ad 103.02 Resource Strategies Corp Jun-Sep05 Comp Plan rvw 6,748.88 76994 6,748.88 Rick, Margaret Target/Preschool prog splys 8.50 77111 8.50 Ritchie, Susan 10.3/10.17 Beg Knitting 337.50 77160 337.50 Rova, Jane http://cityintemallasp/asp_reports/financelcc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 15 of 18 Park and Rec Refund $3.00 77144 $3.00 Ruffridge - Johnson Equip 1,406.30 77150 1,876.70 9.29/10.5 Trommel screen mtl 3,567.75 77145 3,567.75 Cr inv E01342 Trommel rntl 3,301.50) See cr inv E01350 Trommel mtl 3,301.50 77005 125.00 SRF Consulting Group, Inc. Sep05 MSA Counts 975.00 77000 975.00 SRF Consulting Group, Inc. Proj5118 9.30.05 835.43 77146 835.43 Schultz, Patricia Park and Rec Refund 3.00 77148 3.00 Schwellenbach, James RotoRooter reimb/televise $259.00 77088 $259.00 Science Explorers 10.25.05 Changing Seasons $23.00 77149 $23.00 Scrapbusters, Inc 9.24.05 Spec Recycling $1,852.00 77004 $1,852.00 Selectaccount 7.1/9.30.05 Participant fee 1,406.30 77150 1,876.70 Oct05 Participant fee 470.40 77008 1,182.15 Senior Transportation Program 10.28.05 Hamel&Maple Plain 125.00 77005 125.00 Shapansky, Karl Water quality grant landscape 300.00 76946 300.00 Shenandoah Woods Oct05 HAP 400.00 77006 400.00 Sherwin Williams 4gl-Udeep green/ice blue match 190.94 77151 190.94 Short -Elliott -Hendrickson 2,840.00) Proj3126 Sep05 2,378.84 77007 40,384.25 Proj2032 Sep05 WTP's expans 38,005.41 Short -Elliott -Hendrickson Proj5105/4142 Sep05 $21,933.28 77152 $21,933.28 Silent Knight Security Group 11.12/2.11.06 WTP&well monitor 1,182.15 77008 1,182.15 Skyhawks Sports Academy 6.20/6.24 Armstrong BB 9-3PM 2,534.40 77153 2,534.40 SourceOne Graphics Inc 5 -vinyl name City hall 106.93 77154 106.93 Sprint 9.15/10.14 PD mobile computers 727.75 77155 727.75 St Joseph Equipment Inc 60 tooth 217.26 77156 5,897.26 Cr VR06455 for 2wks CX240 mtl 2,840.00) See cr VR06594/2 wk CX240 roll 8,520.00 http://cityintemal/asp/asp reports/financelcc_check.asp?sFromDate=10%2F15%2F2005... 10/31/2005 Check Register Page 16 of 18 St Michael Veterinary Clinic K-9 Jake vet services $146.63 77009 $146.63 Star Tribune HRA Technician ad $1,071.60 77010 $1,071.60 State of Minnesota Jul-Sep05 TID's,CJDN connects $870.00 76907 $870.00 Straub, Bob Park and Rec Refund $6.00 77011 $6.00 Streicher's Prof.Police Equip. P Larson trousers $69.95 77012 $103.08 M Johnson name tag $21.41 CSO supervisor badge $11.72 Streicher's Prof.Police Equip. M Heiman trousers 69.95 77158 $276.70 C Dore trousers 54.95 D Hanson Shirt/Belt 19.95 Rich Webb/belt/reserve 36.95 D Hanson shirt/trousers 94.90 Sun Newspapers/Notices 84.00 Proj 5120 CC signs 96.53 77014 $96.53 Sun Newspapers/Notices File 2005107 $78.65 77159 $228.80 File 2005121 $78.65 File 2005111 $71.50 Tail Wind Voice & Data 9.30 extend 2 lines to fire pa $302.50 77015 $302.50 Tailoring Unlimited SWAT vest zipper repair $10.65 77161 $10.65 Thompson, Marge Park and Rec Refund 54.00 77162 54.00 Todd's Lawn and Garden 9.19/9.26 Force Weed 84.00 77164 84.00 Town and Country Upper arm assy 210.02 77165 210.02 Tri-Anim Health Services Inc 6bx lrg,6bxXlrg nitrile glove 121.11 77167 121.11 Trugreen Chemlawn 05 #3 NW Blvd om bed weed 170.40 77016 3,842.54 05 #3 Peony median om bed we 282.23 05 #3 Zachary median om bed 319.50 05 #3 W Med k blvd median 292.88 05 #3 CR 10 median om bed 489.90 05 #3 Schmidt median om bed 117.15 05 #3 Plym Blvd medians 138.45 05 #3 CRI01 Medians 216.20 05 #3 Shenandoah median 138.45 05 #4 Elm Creek fertilize 1,677.38 Trugreen Chemlawn 05 Rnd6 var parks fertiliz 2,095.92 77168 2,095.92 Twin City Seed 2001b 28B,501b 26B, 501b 5B, 1,453.73 77017 1,453.73 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFroniDate=10%2F 15%2F2005... 10/31/2005 Check Register Page 17 of 18 Twin City Water Clinic, Inc. Sep05 Water analysis $576.00 77169 $576.00 TwinSource 5cs 38x60 1.5mil liners $151.50 77170 $151.50 URS Proj5106 9.23.05 retain wall $593.19 77018 $593.19 Ultramax Tennis resin trophy 32.27 77174 $152.41 3 cases 22 gr fmj ammo 285.00 77019 285.00 Umphrey, Elida 9.24.05 Spec Recycling 4,516.60 77024 $4,516.60 Park and Rec Refund 3.00 77171 3.00 United Rentals Plymouth on Parade 422.70 77020 422.70 United Way of Mpls Payroll Generated Invoice 6.00 77021 96.00 Payroll Generated Invoice 13.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 10.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 2.00 Payroll Generated Invoice 4.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 13.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 1.00 Payroll Generated Invoice 3.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 11.00 Payroll Generated Invoice 5.00 Payroll Generated Invoice 6.00 University of MN Plant Disease 8.26.05 OW testing 25.00 77172 25.00 Valley Rich Co Inc 12510 47th water main rpr 2,584.28 77022 8,524.93 3030 Walnut Grove/wtr main rpr 4,321.49 Weston&Zene water main rpr 1,619.16 Vanyo, Todd 1857 Zanzibar utility refund $43.75 77163 $43.75 Verified Credentials Inc Sep05 Background screens $185.00 77023 $185.00 Verizon Wireless Sep05 Yard Waste $9.52 77173 $21.13 Oct05 Dale Hahn $11.61 Viking Trophies Tennis resin trophy 32.27 77174 $152.41 Prog022 5 trophy 56.45 PD 3 Cup trophies 63.69 Waste Management Services 9.24.05 Spec Recycling 4,516.60 77024 $4,516.60 Watts, Jody Park and Rec Refund $10.00 77175 $10.00 http://cityintemal/asp/asp_reports/finance/cc_check.asp?sFromDate=10%2F 15%2F20O5... 10/31/2005 Check Register West Point Products Inc Page 18 of 18 Eng control board,2 pmtr rpr $466.47 77176 $466.47 Wheeler Lumber LLC 5 8x8x8, common nail 218.20 77025 218.20 Wilson Management LTD R200405084 4.20.04 Fin Guar 1,400.00 77186 3,248.00 R200401076 1.27.04 Fin guar 348.00 R200401075 1.27.04 fin guar 1,000.00 R200401072 1.27.04 Fin guar 500.00 Winscher, Tanya Park and Rec Refund 275.00 77177 275.00 Xcel Energy Oct05 Street lighting 92.46 77026 47,406.87 8.13/9.25 IC FS 1&2,PW 28,661.31 8.24/10.6 Parks 5145094664 2,254.70 Oct05 Trfc signals5168562158 3,015.28 7.28/8.30 WTP2/We116 credit 13,383.12 Xcel Energy 8.27/9.26.05 Well 15 4,933.29 77178 66,070.78 6.29/7.29.05 Well 6 302747731 4,722.57 8.29/9.29.05 Well 6 302747731 8,241.77 8.17/9.18.05 Reservoir 108.93 1605 Troy/9.19/10.18Mooney 7.43 8.24/10.4 All wells & WTP's 36,829.27 Oct05 Defense siren 51.00 Oct05 Transit shelter 128.01 7.28/8.30 WTP2 credit 941.83) 8.19/9.19 Elm Creek/auto prot 1,859.50 9.18/10.17 Reservoir 125.13 7.29/8.29.05 Well 6 302747731 9,023.02 6.3/6.29.05 Well 6 302747731 982.69 YMCA 10.4.05 ACL program staff tmg $378.61 77027 $378.61 Yahoo IRN43999 recovery of records $20.37 77179 $20.37 Yogastudio 9.6/10.27 Yoga classes $669.50 77180 $669.50 Yorkson (Soulek), Dee Park and Rec Refund $6.00 77181 $6.00 Young, Brian 10.4.05 345 Mileage Duluth cnf $167.33 77039 $167.33 Zep Manufacturing/PO BxCH10697 Zep 45/Zep acclaim $272.98 77182 $272.98 TOTAL AMOUNT: $3,122,467.39 http://cityintemal/asp/asp reports/finance/cc_check.asp?sFromDate=10%2F 15%2F2005... 10/31/2005 CITY OF PLYMOUTH RESOLUTION NO: 2005 - APPROVING DISBURSEMENTS FOR THE PERIOD ENDING OCTOBER 28, 2005 WHEREAS, a list of disbursements for the period ending October 28, 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 237,909.04 Construction & Debt Service 422,923.14 Enterprise & Internal Service 2,455,943.27 Housing & Redevelopment Authority 5,691.94 GRAND TOTAL FOR ALL FUNDS 3,122,467.39 Adopted by the City Council on November 8, 2005. Agenda Number l CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager fes' FROM: Shawn Drill, Senior Planner through Anne Hurlburt, Community Development Director SUBJECT: Mary Weinzierl. Preliminary Plat for "Churchill Ridge" for 11 Single -Family Lots, for property located at 18820 County Road 24 2004107) REVIEW DEADLINE: Dec. 16, 2005 DATE: Oct. 28, 2005 for the City Council Meeting of Nov. 8, 2005 1. PROPOSED MOTION: Move to adopt the attached resolution approving a preliminary plat for "Churchill Ridge", as recommended by the Planning Commission. Approval of a preliminary plat requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a preliminary plat for the 6.4 -acre site located at 18820 County Road 24. The preliminary plat would subdivide the site into 11 single-family lots; one lot for the existing home that would remain on the site and ten lots for new homes. 3. PLANNING COMMISSION HEARING: On October 19, 2005, the Planning Commission conducted the public hearing on this matter and subsequently voted unanimously to recommend approval. The applicant was present and concurred with the staff recommendation. In addition, three people spoke at the hearing. The primary concerns that were raised included drainage, use of the private park owned by Churchill Farms Homeowners Association, and street damage by construction vehicles. A copy of the Planning Commission minutes is attached. File 2004107 Page 2 Regarding concerns about drainage, staff said the east side of the site would drain northerly to the rain garden, where it would be picked up by a pipe and carried to the water -quality pond located in the west portion of the site, before eventually flowing to the wetland located farther to the west. The drainage system would be consistent with City requirements, and would not adversely impact adjacent properties. Regarding the Churchill Farms private park, a Churchill Farms resident asked if the applicant would consider joining their homeowners association. Staff stated that the City cannot require that this development join the Churchill Farms Homeowners Association. The applicant said she would consider it, but also that the lots are spoken for and some of the future buyers have stated that they are not interested in joining the association. Regarding concerns about street damage during construction, staff stated that streets are designed for some heavy equipment, and weight restrictions are applied in springtime when the frost goes out. Staff stated that the developer would be responsible for any street damage related to this development. Staff received an e-mail letter (copy attached) from Mr. Gary Teskey, an area resident who lives west of the development site. Mr. Teskey expressed concerns about increased traffic on Zircon Lane. Staff responded that the increase in traffic would be difficult to notice because the traffic generated by this development would represent a small percentage of the overall traffic already using the local street network in this area. Staff added that the site has been planned for development for several years, and the existing street network was designed for, and can readily accommodate the additional traffic from this site. A copy of the staff response is included with the letter. Staff received a letter (copy attached) from Mr. P. Hobie Pharis, an area resident who lives southeast of the development site. Mr. Pharis expressed concerns about 1) how the site was surveyed, and 2) drainage. The applicant's engineer provided a written response (copy attached), explaining how the site was surveyed and how drainage would work. Regarding the survey, the engineer responded that the surveyor used the benchmarks requested by Mr. Pharis. Regarding drainage, the engineer included existing and proposed drainage maps. The maps show that 0.20 acres (all grass) presently drain toward the land owned by Mr. Pharis. Under the proposed grading and drainage plan, only 0.05 acres (all grass) would continue to drain toward the land owned by Mr. Pharis. Notice of the Planning Commission's public hearing was published in the City's official newspaper and mailed to all property owners within 750 feet. A copy of the notification area map is attached. Development signage remains on the site. File 2004107 Page 3 4. CONTEXT: A. Site Guiding and Zoning The site is guided LA -1 (Living Area 1), and zoned RSF-2 (Single Family Detached 2). B. Surrounding Land Uses C. Natural Characteristics of Site This site is located in the Minnehaha Creek Watershed District. The site does not contain any land in the floodplain or shoreland overlay district. A portion of a medium -quality wetland lies near the west boundary of the site. A small low -quality wetland lies in the east portion of the site. The majority of the site consists of a large open area covered with grassy vegetation. Several mature trees are located around the perimeter of the site and near the westernmost wetland. The regulations pertaining to wetland protection and tree preservation are discussed later in this report. D. Previous Actions Affecting Site The existing home located in the southwest portion of the site was built in 1965. Under the plan, that home would remain in the same location on the site—and a separate lot (proposed Lot 7) would be created for that home. A 24 -foot by 30 -foot shed presently located north of the existing home (on proposed Lot 8) would be removed. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. Adjacent Land Use Guiding Zoning North & West Churchill Farms Single -Family Subdivision LA -1 RSF-2 East Amber Woods Single -Family Subdivision LA -1 RSF-1 South (across CR 24) Single -Family Development LA -1 RSF-1 C. Natural Characteristics of Site This site is located in the Minnehaha Creek Watershed District. The site does not contain any land in the floodplain or shoreland overlay district. A portion of a medium -quality wetland lies near the west boundary of the site. A small low -quality wetland lies in the east portion of the site. The majority of the site consists of a large open area covered with grassy vegetation. Several mature trees are located around the perimeter of the site and near the westernmost wetland. The regulations pertaining to wetland protection and tree preservation are discussed later in this report. D. Previous Actions Affecting Site The existing home located in the southwest portion of the site was built in 1965. Under the plan, that home would remain in the same location on the site—and a separate lot (proposed Lot 7) would be created for that home. A 24 -foot by 30 -foot shed presently located north of the existing home (on proposed Lot 8) would be removed. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning Ordinance. If it meets these standards, the City must approve the preliminary plat. File 2004107 Page 4 6. ANALYSIS OF REQUEST: As previously noted, the applicant is requesting approval of a preliminary plat to allow the creation of 11 single-family lots; one lot for an existing home and ten lots for new homes. The subject site is an in -fill development site, meaning that the surrounding areas are already developed. In -fill sites are generally more challenging to develop (as opposed to sites on the fringe of urban development) due to the pre -established development pattern of surrounding properties. Density For LA -1 guided properties such as the subject site, the Comprehensive Plan sets a minimum density goal of 2.0 dwelling units per acre, and a maximum allowable density of 3.0 dwelling units per acre. Density is based on the net acreage of the site, which excludes wetland areas. The subject development site contains roughly 5.5 net acres after deducting the wetland areas. Based upon the net acreage, this site should accommodate between 11 and 16 dwelling units pursuant to the Comprehensive Plan. The applicant's proposal would accommodate 11 dwelling units, for a density of 2.0 dwelling units per acre. Consequently, the proposed density would be consistent with the Comprehensive Plan. Housing Affordability Staff discussed housing affordability with the applicant during the initial stage of development review, however, the applicant determined that they could not meet the City's affordable goals given the land value and development costs associated with this single- family subdivision. As previously stated, this site is guided LA -1. LA -1 is the City's lowest density residential classification. Staff notes that most new affordable units will likely be attached housing in the City's higher density areas. Providing new affordable units in areas guided LA -1 is difficult due to the low density, which does not allow developers to spread the development costs over more units. Additionally, the City has limited funding sources to help leverage affordable housing units, and has determined that providing funding for affordable units within this development would not be cost effective. Lot Arrangement For RSF-2 zoned properties such as the subject site, the Zoning Ordinance sets a minimum gross lot area of 12,500 square feet and a minimum lot width of 80 feet, as measured at the front setback line. File 2004107 Page 5 All proposed lots would meet or exceed the RSF-2 requirements, as follows: AIN W,19 Gross Lot Area Sq. Ft.) Net Lot Area Sq. Ft.) excludes wetlands) Lot Width Ft.) Lot 1 14,360 same 94 Lot 2 13,890 12,640 84 Lot 3 15,600 same 93 Lot 4 16,880 same 80 Lot 5 22,890 same 83 Lot 6 16,170 same 80 Lot 7 18,400 same 120 Lot 8 19,910 same 80 Lot 9 33,220 23,630 89 Lot 10 35,720 20,990 92 Lot 11 32,630 21,690 89 Setbacks The RSF-2 district requires a minimum front and rear yard setback of 25 feet, except that lots abutting County Road 24 must be set back at least 50 feet from that right-of-way. The minimum side yard setback requirement is 10 feet for the living portion of the dwelling, and 6 feet for any attached garage. The attached resolution requires compliance with all setback regulations. Access/Street Arrangement Under the plan, all ten new homes within the plat would gain public street access via a new cul-de-sac street to be called Xanthus Lane North. An existing segment of Xanthus Lane was stubbed to the north boundary of the plat to accommodate access for the eventual development of this site. Xanthus Lane would be extended southerly into the site to provide public street access for the ten new homes within the plat. The existing home on proposed Lot 7 would continue to have its driveway access from County Road 24 for the present time. This is because the front of that home (and attached garage) is oriented to the south, facing County Road 24. The proposed plat includes a 15 -foot wide strip of land connecting Lot 7 to the Xanthus Lane cul-de-sac. This strip of land would accommodate a future driveway for Lot 7, should that lot be redeveloped with a new home at any time in the future. The attached resolution includes a condition requiring that the access to County Road 24 be extinguished if and when Lot 7 is redeveloped with a new home in the future. File 2004107 Page 6 Traffic A single-family home generates an average of ten trips per day. A round trip constitutes two trips. Ten additional homes would increase the traffic by a total of 100 average daily trips ADT). The existing street network serving this site has ample capacity to carry the traffic that would be generated by the proposed development. The applicant proposes to develop the land in the manner intended by the Comprehensive Plan. Wetland Protection The site contains two wetlands. The applicant does not propose to fill or impact any portion of the medium -quality wetland located near the west boundary of the plat. The applicant proposes to fill 2,000 square feet of the small low -quality wetland located in the east portion of the site. The applicant is permitted to fill up to 2,000 square feet of that wetland under the de minimus" regulations of the Wetland Conservation Act. The attached resolution specifies that approval of the preliminary plat is contingent upon City Council approval of a certificate of exemption for the proposed wetland fill. Staff is recommending approval of the certificate of exemption. An analysis of the certificate of exemption is presented in a separate Council report that was prepared by Water Resources Engineer Shane Missaghi, and which is also scheduled for consideration at the November 8, 2005 Council meeting. The plat is subject to the wetland buffer regulations outlined in Section 21670 of the Zoning Ordinance. The Zoning Ordinance requires a natural wetland buffer strip averaging 30 feet in width for medium -quality wetlands, and averaging 15 feet in width for low -quality wetlands. The proposal complies with the buffering requirements. Drainage/ Treatment of Runoff The City requires storm drainage systems to be designed so that the post -development rate of runoff from a site does not exceed the pre -development rate of runoff. Additionally, the City requires treatment of storm water runoff before it enters the drainage system. The applicant is proposing to install a water quality pond in the west portion of the site, on Lots 10 and 11. The proposed drainage system would comply with the City regulations pertaining to drainage and water quality. In addition to the water quality pond, the applicant also proposes to install a rain garden in the east portion of the site, on Lot 2. The rain garden would be located adjacent to the low - quality wetland in that area, and would be designed to collect, pre -treat, and allow infiltration of runoff from that area. The proposed rain garden would meet the City's goals for managing storm water runoff. File 2004107 Page 7 Sidewalks/Trails The City's Subdivision Regulations require that a sidewalk be installed along one side of all new local streets. In this particular case, however, the applicant is requesting that the City Council waive the requirement for a sidewalk along one side of the Xanthus Lane segment lying within this development. This is because there are no sidewalks along the existing segment of Xanthus Lane lying north of the plat, nor are there any sidewalks along the cross street (32nd Avenue) which connects to this segment of Xanthus Lane. Therefore, a sidewalk within this development would not connect to any other sidewalks or trails. There is presently an on -road bike trail along County Road 24, which is included as part of the Hennepin County Bicycle Transportation Plan. The City's Trail Plan indicates a future pedestrian trial along one or both sides of County Road 24. Such a pedestrian trailway would be constructed within the County Road 24 right-of-way, either as part of any future reconstruction of the county road or as a separate trail project. Neither Hennepin County nor the City presently has plans in their five-year Capital Improvements Program to reconstruct this segment of County Road 24, or to complete a separate trail project along this segment of the county road. Tree Preservation This application is subject to the tree preservation requirements in the Subdivision Regulations. Section 530 requires preservation of at least 50 percent of the caliper inches of the significant trees for residential development sites, or reforestation and/or monetary restitution for any removal in excess of this threshold. A significant tree is defined as one being eight inches or larger in diameter for deciduous trees, and four inches or larger in diameter for coniferous trees. The tree survey indicates 1,812 caliper inches of significant trees presently on the site. The only proposed tree removal for this development would be attributable to construction of the required water quality treatment pond. Under the plan, 290 caliper inches of significant trees 16 percent) would be removed to accommodate the water quality treatment pond. However, the Subdivision Regulations specify that trees removed for water quality treatment ponds are exempt from the calculation of total significant trees on a development site. The applicant would preserve 100 percent of the 1,522 eligible significant tree inches on the site, after the exempt trees within the ponding area are deducted. Consequently, the proposal would comply with the City's tree preservation regulations. Park Dedication The Comprehensive Plan does not identify the need for additional parkland on the subject site. As a result, the applicant would not be required to dedicate park land to the City in conjunction with this development. The applicant would, however, be required to pay an equivalent cash fee in lieu of land dedication for the ten additional single-family dwelling units. The attached resolution addresses this matter. File 2004107 Page 8 7. RECOMMENDATION: Community Development Department staff recommends approval of the preliminary plat for Churchill Ridge" for property located at 18820 County Road 24, subject to the conditions listed in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. Applicant's Narrative 3. Correspondence (3 letters) 4. Location Map 5. Notification Area Map 6. Site Graphics 7. Resolution Approving Preliminary Plat Draft Planning Commission Minutes October 19, 2005 Page 2 6. PUBLIC HEARINGS A. MARY WEINZIERL (2004107) Chair Weir introduced the request by Mary Weinzierl for a preliminary plat for "Churchill Ridge" for 11 single-family lots, for property located at 18820 County Road 24. Senior Planner Drill gave an overview of the October 11, 2005 staff report. Senior Planner Drill said a letter from the applicant's engineer explaining the drainage and lot lines as they relate to the adjacent Pharis site at 18640 Co. Rd. 24 is now part of the public record. Also an e-mail from Gary Teske is now part of the public record. Commissioner Holmes asked where the larger water basin pond currently drains to. City Engineer Quanbeck said that pond water drains across Co. Rd. 24 and eventually into Mooney Lake. Chair Weir introduced the applicant, Mary Weinzierl, 18820 Co. Rd. 24. Ms. Weinzierl said she and her husband own the property. Chair Weir opened the public hearing. Chair Weir introduced Larry Free, 3185 Walnut Grove Lane, who said he lives east of the proposed rain garden. Mr. Free asked for the definition of a rain garden, and said he has concerns about drainage as Churchill Ridge is higher than the surrounding area. He asked if this has been tried before and for assurance that there won't be additional runoff since the ground will have more non permeable area. Chair Weir introduced Charlie Wilson, 3225 Xanthus Lane North. Mr. Wilson said the basic plan looks pretty good. He said the Churchill Farms neighborhood surrounds this proposed neighborhood, and there is a small park at Zircon Lane. Mr. Wilson said they would like people in Churchill Ridge to use that amenity. Mr. Wilson said the proposed development is choosing the "Churchill" name and asked if eventually they could become part of the Churchill Farms homeowners association. Mr. Wilson said if you regard it as your own neighborhood site you tend to drive slower, be more respectful, etc. Chair Weir introduced Rita Thysell, 3315 Xanthus Lane N. Ms. Thysell asked when construction would start and how it would be regulated. She said heavy equipment may impact roads and who would be responsible for repairs. Chair Weir closed the public hearing. Draft Planning Commission Minutes October 19, 2005 Page 3 Senior Planner Drill said the definition of a rain garden is a depression or swale with deep- rooted plantings which allow water to infiltrate. City Engineer Quanbeck said the site would drain along the east property line north to the rain garden. He said the rain garden would act like a wetland and the pipe would carry the runoff to the wetland. City Engineer Quanbeck said prior to the approval of the final plat, one of the requirements in the resolution is to provide the 100 -year elevation in the area and the existing wetland. Planning Manager Senness said the City cannot mandate that a development be part of a homeowners association. Ms. Weinzierl said the lots are spoken for, and she has checked with some of the people but they did not have an interest in the park as they are beyond the "park age" group for their children. Ms. Weinzierl said she expects construction to begin in spring. She said she is not developing this but is selling it to a developer for the actual developing. She said construction traffic could access at Co. Rd. 24 temporarily if the Council gave approval for that. City Engineer Quanbeck said they are not in favor of construction traffic off Co. Rd. 24 as there is greater potential for accidents due to heavier traffic. He said they anticipate using the local street system as these streets are designed for some heavy equipment, and added there are weight restrictions in place in the spring. City Engineer Quanbeck said the developer would be responsible for any street damage from this development Chair Weir asked about sidewalks stopping at the edge of the Churchill Ridge site. Senior Planner Drill said there are no sidewalks along Xanthus Lane to connect to, and that is why the applicant will request that the Council waive the requirement for a sidewalk. Commissioner Anderson asked if the rain garden being piped to a larger pond has been tried before. City Engineer Quanbeck said this is not an uncommon configuration and has been successful previously. Commissioner Clyman asked if the City, property owners or homeowners assume maintenance of the rain garden. City Engineer Quanbeck stated the pond would be maintained by the City and the rain garden is the shared responsibility of the property owners. Ms. Weinzierl noted that the Churchill Farms was her folks' property so she knows the history very well, and hopefully the Churchill Ridge will be a beautiful development. Draft Planning Commission Minutes October 19, 2005 Page 4 MOTION by Commissioner Musliner, seconded by Commissioner Wilson to approve the request by Mary Weinzierl for a preliminary plat for "Churchill Ridge" for 11 single-family lots, for property located at 18820 County Road 24. Roll Call Vote. 7 Ayes. Motion passed. r Weir introduced the request by Welman Sperides Architects for a site plan am ent, conditional use permit amendment, and variances to allow a church expansion for P13P&uth Covenant Church located at 4300 Vicksburg Lane North. Planner t' Do ave an overview of the October 11, 2005 staff report. Planner Doty stated the applicanrequested additional time to reduce the amount of variances requested with their appli 'on and recommended that the Planning Commission open the public hearing and contin t to a date uncertain. Commissioner ClymariNanarsif there is an agreement between the City and the church regarding parking buses on the church lot. Planner Doty said there is an aVent and the plan at this time is for the agreement to continue. Chair Weir opened the public hearing.Xs there was no one present to speak on the item, Chair Weir continued the public hearing. MOTION by Commissioner Wilson, seconde Commissioner Holmes, to continue the request by Welman Sperides Architects for a site an amendment, conditional use permit amendment, and variances to allow a church exp 'on for Plymouth Covenant Church located at 4300 Vicksburg Lane North. Vote. 7 Ayes. OTION approved. C. DJR ARCHITECTURE, INC. (2005121) Chair Weir introduced the request by DJR Architecture, Inc. "Plymouth Crossroads Station" for rezoning, preliminary plat, and PUD general plan fo development of the Plymouth Shopping Center area, located south of Highway 55 and t of Cottonwood Lane North. Planner Drill gave an overview of the October 14, 2005 staff report. Commissioner Clyman asked if Outlot B would be part of the PUD. Senior Planner Drill said it would be zoned PUD, but would have separate approval PUD General Plan. GRONBERG & ASSOCIATES, INC. SURVEYING, ENGINEERING AND LAND PLANNING 445 N. WILLOW DRIVE LONG LAKE, MINNESOTA 55356 952-473-4141 FAX: 952-473-4435 CHURCHILL RIDGE WRITTEN NARRATIVE August 5, 2004 The proposed preliminary plat shows 11 lots with 10 lots being proposed for new single family homes and I lot for the existing house. All lots meet the lot size and setback requirements. Xanthus Lane is stubbed in to the north line of this property. This stub would be extended south into this property with a proposed cul-de-sac serving the lots. Sewer and water are also in this stub street and will be extended south into the property. Almost all of the existing trees on the site will remain with the exception of a group of box elders being removed on Lots 10 and 11 for construction of the storm water pond. This pond will be built outside of the wetlands that were delineated. All construction is projected to be done this fall. We have reviewed the legal descriptions and the tax maps around this site and find that all commonly owned contiguous land is included in the plat. The existing house faces south towards Co. Rd. No. 24 and its driveway access has always come from there. While a 15 foot neck has been shown connecting northeast to the cul-de-sac, this is proposed for use when a new house is built. It would be very difficult and unsightly to change the driveway location at this time when the house is oriented to the south in a completely different direction from the future drive. The owners do not want to disrupt their current driveway at this time. Sincerely, Gronberg & Associates, Inc. Mark S. Gronberg, P.E. & L.S. Engineer and Surveyor for the owners R 00410 _1 AUG 12 2004 FW: Churchill Ridge Proposed Development Page 1 of 2 1 -;?006 Shawn Drill r From: Shawn Drill Sent: Monday, October 17, 2005 11:54 AM To: 'GARY.TESKEY@MEDTRONIC.COM' Cc: Web Contact Planning Subject: RE: Churchill Ridge Proposed Development Dear Mr. Teskey: Thank you for your e-mail. I will make sure it gets to the Planning Commission and becomes part of the public record for this matter. The plans for the Churchill Ridge proposal are available at City Hall, or we could make other arrangements for you to obtain them. Please contact me at (763) 509-5456 or e-mail me at SDrill@ci._plymouth.mn._us if you'd like to make other arrangements. Regarding site access, p ease note that CR 24 is an "A -Minor Arterial" roadway --which carries about 8,000 trips daily. Proposed Xanthus Lane within the plat would not intersect with CR 24, because --for safety and efficiency purposes --Hennepin County and the City limit the spacing and number of local street access points to CR 24. When the Churchill Farms subdivision was laid out in the early 1990's, Xanthus Lane was stubbed to the north boundary of the Churchill Ridge development site for the purpose of providing it with future access. Regarding traffic, the proposed development would generate roughly 100 average daily trips. (A round trip constitutes 2 trips.) You are correct that traffic on Zircon Lane is likely to increase as a result of this development. However, because this development would represent a small percentage of the overall traffic already using that local street, and because the traffic from the new development is expected to split at 32nd some of the anticipated trips would go west toward Zircon, and some would go east toward Walnut Grove/Urbandale) the amount of increase would be difficult to notice. This site has been planned for development for several years, and the existing street network was designed for, and can readily accommodate, the additional traffic that would be generated by its development with ten new homes. Lastly, please note that the density range for this site is 11 units minimum and 16 units maximum. The development would include 11 single-family units including the existing home to remain). Therefore, the proposal represents the lowest density (fewest homes) for this development site. Sincerely, Shawn B. Drill, AICP Senior Planner Original Message ----- From: Denise Hutt Sent: Sunday, October 16, 2005 2:01 PM To: Shawn Drill Subject: FW: Churchill Ridge Proposed Development Original Message ----- From: Web Contact Planning 10/17/2005 FW: Churchill Ridge Proposed Development Sent: Fri 10/14/2005 4:16 PM To: Denise Hutt Cc: Subject: FW: Churchill Ridge Proposed Development From: Teskey, Gary[SMTP:GARY.TESKEY@MEDTRONIC.COM] Sent: Friday, October 14, 2005 4:15:47 PM To: Web Contact Planning Cc: gwteskey@comcast.net Subject: Churchill Ridge Proposed Development Auto forwarded by a Rule Shawn Drill, I've been reviewing the proposed Churchill Ridge development plan with interest as I live on Zircon Lane west of the development. I was interested in seeing the detailed site map of the development as it seemed clear that the lots had been laid within the site. This was not included in the staff report as posted on the website. I understand that the plan is for cul-de-sac access to this site. As I live on Zircon Lane between 32nd Ave. and Co Rd 24, I would like to express my concern with traffic on Zircon Lane. At some times of day, it actually appears to be dangerous to use Zircon Ln for pedestrian traffic due to the traffic volume and speed. I was hoping that the Xanthus extension would intersect Co Rd 24. Even if roughly half the new trips to/from the new homes involve traffic on Urbandale through Amber Woods, the traffic on Zircon is likely to increase as a result of this development. Thanks, Gary Teskey 3140 Zircon Ln N. 10/17/2005 Page 2 of 2 L 12 October 2005 Memo to:Plymouth Community Development Dept. From: P. Hobie Pharis 18640 County Road 24 Plymouth, MN 55447 763)449-9010 d00<1167 RE: Preliminary plat for "Churchill Ridge" (2004107) I recently received notice of my neighbor's plans for development on the property noted above and will be out of the country for the public hearing scheduled l9Oct05. I appreciate the opportunity to submit my written comments. With the development of what is now known as Amber Woods, there were two issues that I do not want repeated. 1. The plat survey for Amber Woods was based on the EAST benchmark which resulted in an overlap of approximately 16 feet of the development's onto what was initially platted as mine. This went unchallenged by the previous landowner and, after 13 years, continues to be an obstacle in obtaining a clear abstract title to my property. As provided to me by Gronberg and Assoc., I have included a copy of the resulting survey from that city - approved plat. I cannot accept another oversight such as this. Please clearly mark the surveyed boundaries so that I can see the proposed EAST property line which should coincide with my WEST property line. I do not know the benchmark location for this survey, but I know that the WEST benchmark, used by the farmers of the past, has been the defining point for well over 50 years. 2. Another major concern is the impact of grading to achieve water runoff. About 10 years ago the city engineer, Darrel Johnson, met with me on the eastern side of my property to discuss my concerns over water runoff. Again, with the Amber Woods development, the drainage ditch along Cty Rd 24 was filled and Mr. Johnson informed me that runoff was to pass through my property, northward between the lot lines of the two(2) NE - abutting Amber Woods properties, and flow into the storm drain on Walnut Grove Ln. By his admission, this is noted in the original developmental plan for Amber Woods. I noted at that time that the flow had been blocked by one neighbor, resulting in flooding of my property and that of the Elmers in Amber Woods. To this day, after each rain I accumulate at least four (4) inches of water on the NE corner of my lot. Not only is this unacceptable, I must have assurances that additional runoff will not result with re -grading for housing development. The grade of my property is well below that of the proposed Churchill Ridge and cannot sustain additional runoff volume. I have briefly looked at the development plans and request that the planning committee carefully review this aspect. I thank the committee for the opportunity to express my concerns and look forward to continued communication as this project progresses. I have enjoyed many years as neighbor to the Weinzierls and wish them well in this endeavor. f -•i I H IJ i- I i L r- r i i III I_I U 1 1-1 1 r- ` 1`1 f I r_' 1 `—={ !- - - c. FD -I — - - J-4 '''i • - - - - a Certiftc.at. , '4tevey CetltUry 21 Hal sl-tt Assoc1ji 9a t + r. Crit r;orthwest Quarter of Sict10' i4 NQnnepin County, M;nnes=uts E S i hi f.trrsalEoz., V dere& (!M'jifKi Wre3 3 0, !9•li8` ECJ tt;.t91tid Iint. afAS 4 t ,if NY tia, 4.. ti i 44Y B dr rti vti 9 t it jV W 40 a trC Co.ay %-"i LEGAL DESCt31PT10l Of PREMISES SVRYEQ-C: the South 210.00 feet of tht ytst ?10A0 feet, of ty+e East t,: GO oe-rvs of the Northwest Quarter of bettion to, Townsh)y Ile North. Rot,.Je U k';rst a' 1I the eth Principal Meridian. 1 1. 1. i i 1 I 1 t r IN LEGAL DESCt31PT10l Of PREMISES SVRYEQ-C: the South 210.00 feet of tht ytst ?10A0 feet, of ty+e East t,: GO oe-rvs of the Northwest Quarter of bettion to, Townsh)y Ile North. Rot,.Je U k';rst a' 1I the eth Principal Meridian. 1 This survey inttnds to show the boun.dariQS 01 the hoc=yv d?Scrtbvd pr dpgrt , and the location of an existing hoose and shed th*revn. It does no* purpura to show arty other Irdprovemants or encroachment . e from marker fophd Bearings lhown tra ba,Sed UPOn en e55umed detutn, a sus' Id d to-az-vz — f r hCOYCiN4S1Y iltllt lhl{rVnµW11.'tnt - „'`Y h,--ratni,rn '1""6 IkIIII.T. t'Nr VWQr.' and Ihet I am s duly n ;.t, mai C 1 t -t- it -c: r , pt t ,.i r ,,it•• _ - tht.' IOWN ut N, iteh' arf P1it•+-.-ari.• 1. 1. i i 1 I 1 t This survey inttnds to show the boun.dariQS 01 the hoc=yv d?Scrtbvd pr dpgrt , and the location of an existing hoose and shed th*revn. It does no* purpura to show arty other Irdprovemants or encroachment . e from marker fophd Bearings lhown tra ba,Sed UPOn en e55umed detutn, a sus' Id d to-az-vz — f r hCOYCiN4S1Y iltllt lhl{rVnµW11.'tnt - „'`Y h,--ratni,rn '1""6 IkIIII.T. t'Nr VWQr.' and Ihet I am s duly n ;.t, mai C 1 t -t- it -c: r , pt t ,.i r ,,it•• _ - tht.' IOWN ut N, iteh' arf P1it•+-.-ari.• FROM : GRONBERG & ASSOCIATES FAX NO,.,..,: 952 473 4435 Oct. 19 2005 09:49AM P2 GRONBERG & ASSOCIATES, INC. SURVEYING, ENGINEERING AND LAND PLANNING ddb N. WILLOW DRIVE LONG LAKE, MINNESOTA 55356 952.473-4141 FAX: 952-473-4435 October 19, 2005 Shawn Drill. City of Plymouth 3400 Plymouth Blvd Plymouth, MN 55447 Dear Shawn: Hobie Pharis came to my office about a week ago concerning the distance from his house to the east line of Churchill Ridge. I explained to him that our drawings show a distance of approximately 60 feet from his house to the east line of Churchill Ridge. Mary Weinzierl has a torrens legal description which goes to the westerly of the two lines shown on the attached survey for Coleman Hull and Van Vleet dated October 7, 1992 and revised une 15, 1994. This line is approximately 60 feet from the Pharis house so thereishoFnnflictwiththelineMr. Pharis would like us to use and what is being used for thisilat. Concerning the drainage directed towards the Pharis property, I have enclosed two maps. The existing area (all grass) shows 0.20 acres draining toward the Pharis property. The proposed area (all grass) draining toward the Pharis property has been reduced to 0.05 acres so this should not be a concern either. Sincerely, Grronberg & Associates, Inc. Mark S. Cnonberg, P.E. & L.S. CC: P. Hobie Pharis FROM GRONBERG & ASSOCIATES FAX NO. : 952 473 4435 Oct. 19 2005 09:50AM P3 s.a>. pRUYasI;D LOT 1)iVI5IpN Cert lffcate of Survey for Coleman Hull i Vanvieet In the Northwest Quarter of Section i9 -tie -22 Hennepin County, Minnesota w We / IlReofEosi aarss of1Jl, Sse- /9 119 i9 r t zo Eatsf /ieeefWiyf MJii,See !9-!!0•ZL 4 ° FsHF e E tt 11Yn e tj 8 Q, 4"'V6 M44,er r GVFiNL/fll. 1.0 DS AutVS 7b ra. r 3 p. Iraaa•-------------- Nd9e/4'/5"E t/o.olAtfirl4el6AE Counly /Flood /Jo. Z* 3 LEGAL DESCRIPTION OF PREMISES SURVEYED: The South 210,00 feet of the Hest 210.00 feet of the East 85.00 acres of the Northwest Quarter of Section 19, Township 118 North, Range 22 West of the 5th Principal Meridian, This survey intends to show the boundaries of the above described property, and the location of an existing house and shed thereon. It does not purport to show any other improvements or encroachments. Proposed Legal Descriptions A. That part of the following described property: Tho South 210.00 feet of the West 210.00 feet of the East 85 acres of the Northwest quarter of Section 19, Township IIS NOrth,.Range 22 West of the Sth Principal MQri,di'ab, which is embraced ift Lot 6, Block 3, AMBER WOODS. R. The South 210.00 feet of the West 210.00 feet of the East 85.00 acrez of the Northwest quarter of Section 19, Township 118 North, Range 22 West of the 5th Principal Meridian, f'xCr•,p,r thNt park thereof embraced within Lot 6, Block 3, AMBER WOODS. of Iron marker found Bearings shown are based on an assumed datum. Note: FenCes added on 10-22-92. I herby po.tify That thiF W/VPy WAS 111e1\A1vd V ,1,e Of vAje' Otr direct super D^TF !0- 7-9L vision, and that i am a duly nriptered Civil Engineer and Land Surveyor under [ SCAU the laws of rhe Statt of Minnesota. lsgrp' Maris S. 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II. ry- 5 f nRte o f - f, , t4 (25) ?fe 172 10 31 e 3Jo 22 33RD (26 3 2 (23) ( 14) 128e7z3 j171Aa5 3)(2 2) 41 62) 1B se 7) Bo Rat ( rlI all s2? xG aeR23w o. iae' f 5 1'( 34)e12C49 a ?) lel( 3B) 5 u (71 J 22) J) i 2) 7D) 11988(52) 4 (31), 19 118-22-24 1 (21(91)fa21, e(97) 8 118-22-23 2) 1 1 a j% " r 3IZ( 30Jwe 319 v8e y. e,e4f.m 4) XANTHUS (e31 " LAr.fA G 'A 13036 2m do zo 2 I fe 12 ftl71BE A) 2 136 67. ( 3L( fourzoTDLA 37) (36) 9202 187.74 2 477 Ids, 3<) i eae n tw9 alGjT2 ' DNltro32) fRe) aa( i]aa05 129 5) a (37) 0)3 40 ( t13 38) 2 3 o` Ids41) (39) 1 A 4 e 10 7 ( 4 19-118-22-31 (4,sa 8 (9 0) 2178 4 159.2 42) (41) 71 (21) ra 52) (43) (42) 33 120 5 1x (82) , 73.32 18 125000NO431 ] ( 2) ____ T,(43) ------------------Ql_-- p550( 53) L( 231) ( 63) . 3E 10 85 3 125 23944SB94 a) (44) 6(54) PAW1 9 2 3 8 (34) f2 - (33) 119.85 35 12. ,as 10 41 (3/) (32) 156 1 87) 'Al 125 "3Tj"•E12( 24) 135 910 47 1m 150 (85) 110 130.47 12312 10 5.1 65 (46) (45/ ( 48.85 13 125. . E 20 5 15 60)35 120 ( 56s ( 25) 78) le,o 883 34 47) (66) r211.e 120 f2d (e6) S5 (63) 1() 6941 I 00 35 5 30111 10 (62) 101 ------ (67) 21527 50 ( 48) q92,73 0 32) 7ae d,°e 2' s (15) ^, 'ao.es __-- ___.____ ._______ / •;... 1b " cP ae 1 110 110 1,0 \f 5 x J a O+ (16) (23) 1 1 92673 m 7,.63 YS •\ 12 1 us3a.7 e1 6 (3) . xa+ 7 ape d sm Ifo e. i. •\ ( 22) CHURCHILL RIDGE PROPOSED SUBDIVISION FOR ROBERT & MARY WEINZIERL IN THE SW 1/4 OF THE NW 1/4 OF SECTION 19-118-22 HENNEPIN COUNTY, MINNESOTA PRELIMINARY PLAT 1 \ Lorevea 1p y 1n12 1]9YDn r w4 19990.- We 221"1 1MW.- r- — g—'° lnl Y ]]2Wr- 299]0. 6 F. •Dov. vwYmat Lo12• Don wWna. vFu •i 11 219DD1— .- •bvn vntl•na• i>WM-sV \ COUNTY ROAD •r1.,r.«== NO. 24 _ 0 50 100 200 SCALE IN FEET 03-124 U'z N zgN«, N FW- g QY °'• Q O g LL Nizo Q Zo ego w°'w Lu zz wz0 O wx a0 Ir CHURCHILL RIDGE PROPOSED SUBDIVISION FOR ROBERT & MARY WEINZIERL IN THE SW 1/4 OF THE NW 1/4 OF SECTION 19-118-22 HENNEPIN COUNTY, MINNESOTA PRELIMINARY PLAT 1 \ Lorevea 1p y 1n12 1]9YDn r w4 19990.- We 221"1 1MW.- r- — g—'° lnl Y ]]2Wr- 299]0. 6 F. •Dov. vwYmat Lo12• Don wWna. vFu •i 11 219DD1— .- •bvn vntl•na• i>WM-sV \ COUNTY ROAD •r1.,r.«== NO. 24 _ 0 50 100 200 SCALE IN FEET 03-124 U'z N zgN«, N FW- g QY °'• Q O g LL Nizo Q Zo ego w°'w Lu zz wz0 O wx a0 0 50 100 200 SCALE IN FEET 03124 DENOTES EMTMG CW" LK DENOTES PROPOSED CO " LME DENOTES E=TW SPOT ELEVATp OEENNOODIES MWOOs D ATTFENCEATNM DENOTES —a DMECTM NI STI6TREET BV.EEEPING I6 REOUMEDA MINMMlp10f ONCE A V.EEN WRING CONSTRUCTION 1 3ALL MSI6NOMMAAEATA'. 1 OWDIM 3. GTLNEDB IN6ERTB ORAPPROVEO INLET PROTELTNIN REOUIREO ON ALL GTCN BA61N5 CHURCHILL RIDGE PROPOSED SUBDIVISION FOR ROBERT & MARY WEINZIERL N mm IN THE SW 114 OF THE NW 114 OF SECTION 19-118-22 33{y HENNEPIN COUNTY, MINNESOTA PRELIMINARY GRADING & EROSION CONTROL PLAN 1 IIII I I I ISI i / 1 N woo U znZ fn=iq W ao0LL z co o AN W- a as o a) Wz mz Z Zw zO OJ N = 0:2 31L 7II1 \ ISI Ir I 0 50 100 200 SCALE IN FEET 03124 DENOTES EMTMG CW" LK DENOTES PROPOSED CO " LME DENOTES E=TW SPOT ELEVATp OEENNOODIES MWOOs D ATTFENCEATNM DENOTES —a DMECTM NI STI 6TREET BV.EEEPING I6 REOUMEDA MINMMlp10f ONCE A V.EEN WRING CONSTRUCTION 1 3ALL MSI6NOMMAAEATA'. 1 OWDIM 3. GTLNEDB IN6ERTB ORAPPROVEO INLET PROTELTNIN REOUIREO ON ALL GTCN BA61N5 CHURCHILL RIDGE PROPOSED SUBDIVISION FOR ROBERT & MARY WEINZIERL N mm IN THE SW 114 OF THE NW 114 OF SECTION 19-118-22 33{y HENNEPIN COUNTY, MINNESOTA PRELIMINARY GRADING & EROSION CONTROL PLAN 1 IIII I I I ISI i / 1 N woo U znZ fn=iq W ao0LL z co o AN W- a as o a) Wz mz Z Zw zO OJ N = 0:2 31L 7 CHURCHILL RIDGE PROPOSED SUBDIVISION FOR ROBERT & MARY WEINZIERL IN THE SW 114 OF THE NW 114 OF SECTION 19-118-22 HENNEPIN COUNTY, MINNESOTA PRELIMINARY UTILITY PLAN who Ny,. .". m •- F 11 z m•a a I °i 1 I __ , I I s NO--- —r-,° a ;. rr"„'hm:l' W , 1. _ - - ^ -" , v.r. w,.. EXISTM POND mis P= w • arm W — \ 1 211 NO. 24CORD .w,,,rr« ..,. arev I W ------ 0 50 100 200 I ;i' SCALE IN FEET I I 03124 y N Uzgzg „ 2f QI- 0 N I- 0nSi O LL On YOI We as5o Y WONN LuLu mr= Z W Z O pJ x 0, E a C7 CITY OF PLYMOUTH RESOLUTION 2005 - APPROVING A PRELIMINARY PLAT FOR MARY WEINZIERL FOR "CHURCHILL RIDGE" FOR PROPERTY LOCATED AT 18820 COUNTY ROAD 24 (2004107) WHEREAS, Mary Weinzierl has requested approval of a preliminary plat for roughly 6.4 acres of land, presently legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 19, Township 118, Range 22, described as follows: Beginning at a point on the South line of said Southwest Quarter of the Northwest Quarter distance 775 feet East from the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence East along said South line 120 feet; thence North at a right angle, 363 feet; thence West, at a right angle, 120 feet; thence South, at a right angle 363 feet to the point of beginning. ALSO That part of the Southwest Quarter of the Northwest Quarter of Section 19, Township 118, Range 22, described as follows: Beginning at a point on the South line of said Southwest Quarter of the Northwest Quarter distant 895 feet East from the Southwest corner of said Southwest Quarter of the Northwest Quarter; thence North, at a right angle to said South line, 363 feet; thence West, at a right angle of 280 feet; thence North, at a right angle, 190 feet; thence East, at a right angle, to the East line of the West 1217.98 feet of said Southwest Quarter of the Northwest Quarter; thence South along said East line to the South line of said Southwest Quarter of the Northwest Quarter; thence West along said South line to the point of beginning. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. Res. 2005 - File 2004107 Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Mary Weinzierl for a preliminary plat for "Churchill Ridge", subject to the following conditions: 1. A preliminary plat is approved for the creation of 11 lots, in accordance with the plat and plans received by the City on October 4, 2005, except as may be amended by this resolution. 2. Approval of the preliminary plat is contingent upon City Council approval of a Certificate of Exemption for the "de minimus" wetland fill. 3. Development standards shall be as required by the RSF-2 zoning district. No variances are granted or implied. 4. Park dedication shall be a cash fee in lieu of land dedication for ten dwelling units, in accordance with the dedication ordinance in effect at the time of filing of the final plat. 5. If and when Lot 7 (addressed as 18820 County Road 24) is redeveloped with a new home in the future, direct driveway access to County Road 24 shall be extinguished, and Lot 7 shall thenceforward obtain access from the Xanthus Lane North cul-de-sac. 6. Prior to recording the final plat for proposed Lot 8, the shed on that proposed lot shall be removed. 7. In conjunction with submittal of the final plat application, the applicant shall include tree protection fencing on the plans for trees to be preserved. 8. Provide standard utility and drainage easements as follows: A 10 -foot wide drainage and utility easement is required adjacent to all public roads. A six-foot wide drainage and utility easement is required along the side and rear property lines. 9. Provide standard easements for construction as follows: A 20 -foot wide unobstructed drainage and utility easement is required for all public utility pipes that are not within a public street. Additionally, an access easement (drainage and utility) is required for the water quality pond and rain garden. The easement must be a minimum of 15 feet wide and cannot exceed a 15% grade. 10. Provide drainage and utility easements for the pond, rain garden, and wetlands as follows: A drainage and utility easement is required to the High Water Level for the pond, rain gardens and wetlands. In addition, indicate the easement location and dimensions for the rear yard drainage across Lots 2, 3, and 4 of Block 1. 11. The applicant shall provide a rain garden agreement for maintenance of the rain garden. Res. 2005 - File 2004107 Page 3 12. The applicant shall obtain the necessary permits and approvals as follows: Hennepin County, MPCA, Minnesota Department of Health, Wetland Conservation Act, Minnehaha Creek Watershed District, NPDES, and City of Plymouth right of way permit. 13. The lowest floor elevation shall be 2 feet above the established high water elevation for the pond and wetlands. The lowest opening where water could enter a building must be at least 1.5 feet above the emergency overland overflow. Show this on the final grading plan. 14. The City Council waives the requirement for a sidewalk on one side of the Xanthus Lane segment lying with the plat, because such a sidewalk would not connect to other sidewalks or trails. 15. In conjunction with submission of the final plat application, the applicant shall revise the overall plat and plans as follows: a. Clearly label the drainage and utility easements on the plat. b. Replace watermain DIP with PVC C900 DRI 8 with tracer wire. C. Show existing watermain gate valve in Xanthus Lane south of 32nd Ave. d. Revise the plan to reflect that at least three existing trees must be removed to accommodate the 20 -foot easement for the watermain connection to County Road 24. e. Indicate heavy duty silt fence per city Detail DWG -9. f. Show phase II silt fence for NURP pond after construction. g. Show location of rock construction entrance and refer to city Detail DWG -10. h. Show storm sewer catch basin inlet protection per City Details ST -22 and 23. Indicate location both on, and off-site. i. Provide the 100 -year elevation in the area of the CBMH 3 and existing wetland. It must be contained on site. An easement is required over the inundated area. j. Identify the location, route, and elevation of the overland overflow from the area around CBMH 3. k. Provide a detail for the pond outlet structure complying with City standards. 1. Provide the top and bottom elevations for the retaining wall. Any wall 4 feet tall or taller requires a building permit and fence along the top. M. Revise the grading plan so the extension of Lot 7 to the cul-de-sac is no steeper than 10%. n. Provide additional detail for the backs of Lots 1-3 demonstrating that the existing wetland will receive and retain enough runoff to be viable and has an adequate outlet. o. Provide hydrologic calculations for 1, 2, 10, 50 and 100 year frequency storm events, demonstrating conformance with City standards. P. Provide a detail for the rain garden including cross section, type and number of plantings, and square footage. Res. 2005 - File 2004107 Page 4 16. Standard Conditions: a. No building permits shall be issued until the final plat is filed and recorded with Hennepin County. b. Street names shall comply with the City's street naming system. c. Any signage shall comply with the City's signage regulations. d. Removal of all hazardous trees from the property at the owner's expense. e. The applicant shall comply with the Ordinance regarding the location of fire hydrants. f. In conjunction with submission of the final plat application, the applicant shall submit fire flow calculations. g. 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. h. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the City to extend the expiration date for up to one additional year, as regulated under Section 510 of City Code. ADOPTED by the City Council on November 8, 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 November 8, 2005 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Agenda Number: TO: Laurie Ahrens, City Manager FROM: Marie Darling, Senior Planner (509-5457) through AnnreHurlburt, Community Development Director SUBJECT: Quality Site Design. Final Plat and Development Contract for "Hadley Hills Second Addition" Located at 18555 13`h Avenue North. (2005024F) REVIEW DEADLINE: November 10, 2005 DATE: October 28, 2005 for the City Council Meeting of November 8, 2005 1. PROPOSED MOTION: Move to adopt the following items: 1. A resolution approving the final plat and development contract for "Hadley Hills Second Addition", and 2. A resolution adopting assessments for "Hadley Hills Second Addition". The applicant is required to execute and return the development contract that staff prepared as a contingency of approval. Approval of a final plat, development contract and assessment resolution requires a 4/7 vote of the City Council. This application was originally scheduled to be heard at the City Council's October 11, 2005 meeting, but the applicant requested a continuance until the November 8, 2005 to allow them additional time to revise the plans to meet several of the conditions shown in the previous resolution regarding stormwater treatment and provision of utilities. The resolution has been revised to reflect the changes to their plan and remove several conditions of approval. Most importantly, the applicant has reduced the size of the pond on the north side of the development so that a retaining wall is no longer necessary. Previously, a retaining wall was shown and located in a drainage and utility easement (see attachments). File 2005024F Page 2 2. BACKGROUND: The City Council approved a rezoning and preliminary plat to subdivide one five -acre parcel into six lots for single-family homes on June 14, 2005. This application would be for all six lots. The City Council included two conditions that were not standard in its approval of the preliminary plat. The first stated that the tree inventory must be 100 percent accurate with conditions on the site. The applicant has complied with this requirement. The second condition required that the applicant dedicate the right-of-way for 13th Avenue North, but not construct the road. The proposed final plat reflects this condition. However, based on this condition, the driveway setbacks from intersection, and the need for an access easement to maintain the pond, the developer will not be able to locate a conforming driveway accessing Vagabond Court for the dwelling on Lot 6. Staff has included a condition allowing the applicant to construct a driveway accessing the 13th Avenue North right-of-way, subject to the approval of an encroachment agreement, until such time as 13th Avenue may be constructed. (Refer the attached conceptual sketch.) Additionally, staff has added a condition that the applicant remove the existing abandoned driveway across the north side of the property and replace the area with turf. Staff has included conditions to this effect in the attached resolution and development contract. 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 following items: 1. A resolution approving the final plat and development contract for "Hadley Hills Second Addition", and, 2. A resolution adopting assessments for "Hadley Hills Second Addition". ATTACHMENTS: 1. Development Contract 2. Applicant's Narrative 3. Location Map 4. Conceptual Driveway Sketch 5. Previous and Current Pond Design 6. Final Plat Drawing 7. Approved Preliminary Plat 8. Resolution Approving Final Plat and Development Contract 9. Resolution Adopting Assessments reservedfor recording information) DEVELOPMENT CONTRACT Developer Installed Improvements) HADLEY HILLS SECOND ADDITION (2005024F) AGREEMENT dated , 2 , by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation ("City"), and The Ridge at Hadley Hills, Inc. (the Developer"). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for Hadley Hills Second 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: That part of Government Lot 5, Section 30, and the Northeast Quarter of the Northwest Quarter of Section 31, Township 118 North, Range 22 West, of the 5th Principal Meridian, described as follows: Beginning at the point of intersection of the West line of the East 802.56 feet of said Government Lot with the south line of said Government Lot; thence North along said west line a distance of 15 feet; thence deflecting left 85 degrees a distance of 157 feet; thence deflecting left 64 degrees to the west line of the east 1061 feet of said Northeast Quarter of the Northwest Quarter; thence South along said west line of the east 1061 feet to the north line of the South 460 feet of said Northeast Quarter of the Northwest Quarter; thence east along said north line of the south 460 feet to the west line of the east 802.56 feet of said Northeast Quarter of the Northwest Quarter; thence north along said West line of the east 802.56 feet of the Northeast Quarter of the Northwest Quarter to the north line of said Northeast Quarter of the Northwest Quarter; thence west along said north line of the Northeast Quarter of the Northwest Quarter to the point of beginning. 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 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. Watennain D. Surface Water Facilities (pipe, ponds, rain gardens, etc.) E. Grading and Erosion Control F. Underground Utilities G. Street Signs and Traffic Control Signs H. Landscaping Required by Section 21130.03 of the Zoning Ordinance I. Tree Preservation and Reforestation J. Wetland Mitigation and Buffers K. Monuments Required by Minnesota Statutes L. 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 2— O:AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills_2 DevCtr.doe 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. All labor and work shall be done and perfonned 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 famish 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 $5,669. 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 DNR for Dewatering and Work in Protected Waters City of Plymouth for Building Permits MCES for Sanitary Sewer Connections Watershed Permits 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, 3— O:\Engineering\DEV LMNTS\2005\2005024\Docmts\HadleyHills_2_DevC tr. doc 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. 12. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, public utility construction, and street construction is restricted to access the subdivision via 13"' Avenue North. No construction traffic is permitted on other adjacent local streets or the existing driveway. 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 4- 0.AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills 2 DevCtndoc 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 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 $20,400 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: 4.58 acre x $3,275 per acre = $14,999.50. 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 6.75% 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. 5— O:\Engineering\DEV LMNTS\2005\2005024\Docmts\HadleyHills_2_DevCtr.doc 19. SANITARY SEWER AREA CHARGE This plat is subject to a water area charge and is calculated as follows: 4.58 acres x $880 per acre = $4,030.40. 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 6.75% 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. 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 Pen -nit 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. 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, 6— O:AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills 2 DevCtndoc 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 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. 23. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. The Developer shall post a $3,300 security for the final placement of all subdivision iron monuments. The security was calculated as follows: 33 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. 7— O:AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills_2_DevCtr.doc C. Other Requirements: 1. The secondary access requirement is waived because there are no locations available to provide a secondary access due to the existing homes that surround the site. 2. The requirements for street lights and sidewalks are waived. 3. Prior to recording the final plat, the applicant shall remove the existing home and both existing driveways and restore both the driveway areas to turf. Prior to recording the final plat, the applicant shall vacate any easements for both of the existing private drives. If the work is done outside the growing season, the applicant shall provide a financial guarantee to ensure the driveway areas are restored to turf during the next growing season. Separate permits are required for demolition of the home and abandonment of the well and septic system. 4. Prior to recording the final plat, the applicant shall provide the City with copies of the disclosures regarding 1) the shared maintenance of the long, narrow portion of Lot 1, Block 1 north of the cul-de-sac and the retaining walls, and 2) that land is dedicated for 131h Avenue will eventually be connected to Walnut Grove Lane. 5. Prior to recording the final plat, the applicant shall provide the City with copies of the homeowner's association (HOA) documents for the neighborhood. The homeowner's association shall be responsible for maintenance of the wetland buffers, retaining walls, the long narrow portion of Lot 1, and all other shared amenities within the development. The HOA documents shall include language to address maintenance of these features. 6. Prior to recording the final plat or issuance of a grading permit, the applicant shall submit fire flow calculations flowing the remote two highest elevation fire hydrants simultaneously. Each hydrant must be capable of flowing a minimum of 1500 GPM at 20 PSI residual pressure. 7. Prior to recoding the final plat, the following is required: a. Standard drainage and utility easements (on the final plat): 1) a 10 -foot drainage and utility easement adjacent to all street rights-of-way, 2) a 6 -foot easement for all side and rear property lines, 3) a 20 -foot easement for all public utilities that are not located within the street right-of-way, and 4) an easement over all NURP ponds and wetlands from the HWL. b. Access easements (separate documents): a 15 -foot wide access easement for maintenance to each of the NURP ponds. The grade in the access area shall not exceed 15 percent and no plantings, driveways or other obstructions are permitted in the area. The easement shall allow access to both the pond outfalls and outlets. c. Encroachment agreements (separate documents): 1) an encroachment agreement for the retaining walls proposed on Lot 1, Block 1, including language that assigns the maintenance of the wall to the homeowners' association, and 2) an encroachment 8— O:AEngineering\DEV LMNTS\2005\2005024\Docmts\HadleyHills_2_DevCtndoc agreement to allow the dwelling on Lot 6 to construct a driveway in the right-of-way for 13th Avenue North as may be necessary to provide a conforming location. d. Right-of-way for 13"h Avenue to the west property line. 8. Prior to issuance of any permits, the applicant shall demonstrate compliance with the City's Water Resources Plan policies, as follows: a. The detention ponds must limit run-off to pre -development rates. b. Describe how the increased volumes of runoff due to development will be minimized by limiting impervious cover and encouraging infiltration of storm water where soil conditions are appropriate and show on the grading plan. c. Describe how the use of alternative landscape techniques and materials are reducing the rates and volumes of runoff. 9. Prior to recording the final plat, the applicant shall revise the plans to show consistency with the most recent version of the Engineering Guidelines and as follows: a. Relocate hydrants to approved locations on the proposed new street. b. Revise the landscaping plan to 1) label the disturbed areas of the site restored with sod if outside the wetland buffer and an appropriate seed mixture inside the wetland buffer areas, and 2) relocate any trees shown within the public right-of-way or wetland buffers to conforming locations. c. Relocate the driveway on Lot 6 to a conforming location. if necessary to locate the driveway to access the 13t1' Avenue right-of-way, an encroachment agreement is required. Any additional tree disturbance must be shown on the tree removal plan, with the appropriate recalculation of reforestation. d. Revise the tree inventory to indicate trees 226, 227, and 540 to be saved, consistent with the tree removal plan. e. On signage plan add note that street barricades are to be consistent with City Standard Detail STRT-15. 10. The applicant shall provide the necessary permits as follows: 1) MPGA, 2) Minnesota Department of Health, 3) Minnehaha Creek Watershed District, and 4) NPDES. Additionally, a street right-of-way permit from the City is required to work in the street right-of-way. 11. The lowest floor elevations must be two feet higher than the HWL for both NURP ponds and wetlands, in compliance with Policy resolution 79-80 regarding minimum floor elevations. The lowest opening shall be 1.5 feet higher than the overland emergency overflow route. 9— O:AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills_2_DevCtr.doc 12. Any home constructed on Lot 1 shall be set back a minimum of 26 feet from the east property line to allow the retaining walls to be tiered. With this exception, the development standards shall be as required by the RSF-1 district. No variances are granted or implied. 13. Standard Conditions: a. No retaining wall tiebacks are allowed on adjacent private property. if this cannot be accomplished on the subject property, then private easements shall be required. b. Fences shall be installed on top of all retaining walls four feet or taller. c. Trees required for reforestation may be provided on adjacent properties with the written consent of the property owner. d. Prior to recording the final plat, the applicant shall pay the park dedication fees required for the total number of units shown on the plans. e. Prior to issuance of grading or building permits, the tree preservation fencing is installed and inspected on-site, and the required financial guarantee submitted. f. Removal of all hazardous trees from the property at the owner's expense. g. No building permits shall be issued until the wetland buffer monuments have been installed and inspected. h. Street names shall comply with the City Street Naming System. i. With the exception of one permit for a model home, no building permits shall be issued until the final plat, required easements and HOA documents are filed and recorded with Hennepin County. J. All signage shall be consistent with Section 21155 of the Zoning Ordinance. k. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. 24. 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. 10— O:AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills_2_DevCtr.doc 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 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 11— O:AEngineering\DEVLMNTS\2005\2005024\Docmts\HadleyHills2_DevCtr.doc 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. J. 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. 25. 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 detennined 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 pennission 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. 26. 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. 27. 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 $526,588. The amount of the security was calculated as follows: 12— O: AEngineering\DE V LMNTS\2005 \2005024\Docmts\HadleyHills_2_DevCtr.doc ITEM Street Construction Sanitary Sewer System Watermain System Site Grading & Drainage Imp. Storm Sewer System Boulevard and Drainage Swale Sod Street and Traffic Control Signs Retaining Walls Landscaping Buffer Posts Setting Iron Monuments SUB -TOTAL: Design, Admin., Insp., As-Builts (12%) Total: Total Project Cost ESTIMATED COSTS City Project TotalPublic (1) Public (2) 0 93,368 0 27,937 0 45,535 0 0 0 34,638 0 1,00001,000 0 118,75000 0 0 267,690 0 32,123 C7n7 17 SZ 0 24,297 226,775 Private (3) Total 93,368 0 27,937 0 45,535 79,212 79,212 0 34,638 1,200 1,200 0 1,000 64,128 64,128 118,750 118,750 1,100 1,100 3,300 3,300 267,690 470,168 32,123 56,420 299,813 526,588 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. may be used for the required maintenance of the erosion and sediment control plan. Separate Letters of Credit Required for the following: Erosion Control @ $1,500/acre of which $1,000 is Cash and the remainder is a letter of credit in the amount of Wetland Mitigation And Buffers ( Will be retained for 5 years) Tree Preservation and Reforestation Letter of Credit 13- Letter of Credit Cash 5,870 $1,000 s0 16,575 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 ten -n. 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. 28. 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 $ 20,400 Administration of Development Contract 5,669 TOTAL CASH REQUIREMENTS LEVIED: $ 26,069 29. 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: 3600 Holty Lane North #100 Plymouth, MN 55447 30. 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. 14- 0\Engineering\DEV LMNTS\2005\2005024\Docmts\HadleyHills_2DevCtr.doc Quality Site Design, LLC Civil Engineering Land Development August 18, 2005 Narrative for " Hadley Hills 2nd Addition' Final Plat Application, Plymouth, MN QSD Project No. 00202 Request for Final Plat property located at 18555 13'h Ave. N., Plymouth, MN The Ridge of Hadley Hills, Inc., developer, ask for a Final Plat approval for Hadley Hills 2nd Addition. The current property ID# 31-118-22-21-0037 located at 18555 13'h Ave. N., Plymouth, Minnesota. The City Council approved the Preliminary Plat for the proposed six lot residential subdivision at their June 14th meeting. Two items included in the approval were that there would not be a sidewalk nor a street light required. Two storm water ponds, grading and erosion control, a looped water main, and sanitary sewer will be constructed to City of Plymouth, Minnehaha Creek Watershed District, MPCA, and Minnesota Department of Health requirements. The anticipated completion date, except for final bituminous wear course, is November 30, 2005, subject to the date of Final Plat approval, and weather. 2 22005 3600 Holly Lane N., Suite 100, Plymouth, MN 55447 • Phone (763) 550-9056 • Fax (763) 550-3913 Location Map - 2005024F Land Use Guide Plan Quality Site Design railroad Hadley Hills 2nd Addition ® C, Comercial 18555 13th Avenue North CC, City Center CO, Commercial Office Request for Final Plat IP, Planned Industiral 0 LA -1, Living Area 1 LA -2, Living Area 2 N LA -3, Living Area E WE LA -4, Living Area 4 of LAR, Living Area RuralCity Plymouth, Minnesota 3 P -I, Public/Semi-Public/Institutional 0.1 0.05 0 0.1 0.2 0.3 Miles Conceptual Driveway Sketch Example of a Conforming Location Needed for this Area Driveway Location As Shown on Plans XV Previous Pond Desi Current Pond Design Ing T7, fS 14 Current Pond Design HADLEY HILLS ,C®1VI ADDITION L I //I no.swc J/, KIM A: u HADLEYH/LLS \jti••.Lala.I e,olm,er/fwm.w/fwJ r.//aeSP NE. w.-a>roflama.[wnr//Iwwr!/wsa s /8ri9'E LBTs H/LL S NAE//INA _V10 JI. 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Ali I — — — — — -- 1 Boc 7Ifilli cn mIMP 74' 05106105 d* .o— HADLEY HILLS 2ND ADDITION PLYMOUTH, MINNESOTA NM FcmOUALITYSITEDESIGN, LLC PRELIMINARY PLAT7. CITY OF PLYMOUTH RESOLUTION 2005 - APPROVING A FINAL PLAT AND DEVELOPMENT CONTRACT FOR QUALITY SITE DESIGN FOR "HADLEY HILLS 2" ADDITION", A SUBDIVISION OF SIX LOTS FOR SINGLE-FAMILY DWELLINGS LOCATED AT 18555 13TH AVENUE NORTH (2005024F) WHEREAS, Quality Site Design has requested approval of a final plat and development contract for Hadley Hills, 2" Addition, a plat of six lots for single-family dwellings on five acres located at 18555 13th Avenue North; and, WHEREAS, the property is legally described as follows: That part of Government Lot 5, Section 30, and the Northeast Quarter of the Northwest Quarter of Section 31, Township 118 North, Range 22 West, of the 5th Principal Meridian, described as follows: Beginning at the point of intersection of the West line of the East 802.56 feet of said Government Lot with the south line of said Government Lot; thence North along said west line a distance of 15 feet; thence deflecting left 85 degrees a distance of 157 feet; thence deflecting left 64 degrees to the west line of the east 1061 feet of said Northeast Quarter of the Northwest Quarter; thence South along said west line of the east 1061 feet to the north line of the South 460 feet of said Northeast Quarter of the Northwest Quarter; thence east along said north line of the south 460 feet to the west line of the east 802.56 feet of said Northeast Quarter of the Northwest Quarter; thence north along said West line of the east 802.56 feet of the Northeast Quarter of the Northwest Quarter to the north line of said Northeast Quarter of the Northwest Quarter; thence west along said north line of the Northeast Quarter of the Northwest Quarter to the point of beginning. WHEREAS, the City staff has prepared a development contract covering the improvements related to said plat. Resolution 2005 - Final Plat (2005024F) Page 2 NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Quality Site Design for a final plat for Hadley Hills 2nd 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. Approval of the final plat is contingent upon the applicant executing the Development Contract. 2. This final plat approves six lots for single-family dwellings, in accordance with the plans received by the City on August 22, 2005, September 23 and 26, 2005 and October 17, 2005, except as amended by this Resolution. 3. The secondary access requirement is waived because there are no locations available to provide a secondary access due to the existing homes that surround the site. 4. Right-of-way for 13` h Avenue shall be dedicated on the final plat, but the developer will not be required to construct the street from Vagabond Court to the west property line. 5. The requirements for street lights and sidewalks are waived. 6. Prior to recording the final plat, the applicant shall remove the existing home and both existing driveways and restore both the driveway areas to turf. Prior to recording the final plat, the applicant shall vacate any easements for both of the existing private drives. If the work is done outside the growing season, the applicant shall provide a financial guarantee to ensure the driveway areas are restored to turf during the next growing season. Separate permits are required for demolition of the home and abandonment of the well and septic system. 7. Prior to recording the final plat, the applicant shall provide the City with copies of the disclosures regarding 1) the shared maintenance of the long, narrow portion of Lot 1, Block 1 north of the cul-de-sac and the retaining walls, and 2) the location of land dedicated for 13`h Avenue for the eventual connection to Walnut Grove Lane. 8. Prior to recording the final plat, the applicant shall provide the City with revised copies of the homeowner's association (HOA) documents for the neighborhood. The homeowner's association shall be responsible for maintenance of the wetland buffers, retaining walls, the long narrow portion of Lot 1, sidewalks and all other shared amenities within the development. The HOA documents shall include language to address maintenance of these features. Resolution 2005 - Final Plat (2005024F) Page 3 9. Prior to recording the final plat or issuance of a grading permit, the applicant shall submit fire flow calculations flowing the remote two highest elevation fire hydrants simultaneously. Each hydrant must be capable of flowing a minimum of 1500 GPM at 20 PSI residual pressure. 10. Prior to recording the final plat, the following is required: a. Standard drainage and utility easements (on the final plat): 1) a 10 -foot drainage and utility easement adjacent to all street rights-of-way, 2) a 6 -foot easement for all side and rear property lines, 3) a 20 -foot easement for all public utilities that are not located within the street right-of-way, and 4) an easement over all NURP ponds and wetlands from the HWL. b. Access easements (separate documents): a 15 -foot wide access easement for maintenance to each of the NURP ponds. The grade in the access area shall not exceed 15 percent and no plantings, driveways or other obstructions are permitted in the area. The easement shall allow access to both the pond outfalls and outlets. c. Encroachment agreements (separate documents): 1) an encroachment agreement for the retaining walls proposed on Lot 1, Block 1 where construction in the easement is necessary. The agreement shall include language that assigns the maintenance of the wall to the homeowners' association. And, 2) an encroachment agreement to allow the dwelling on Lot 6 to construct a driveway in the right-of-way for 13th Avenue North as may be necessary to provide a conforming location. d. Right-of-way for 13`h Avenue to the west property line. 11. Prior to issuance of any permits, the applicant shall demonstrate compliance with the City's Water Resources Plan policies, as follows: a. The detention ponds must limit run-off to pre -development rates. b. Describe how the increased volumes of runoff due to development will be minimized by limiting impervious cover and encouraging infiltration of storm water where soil conditions are appropriate and show on the grading plan. c. Describe how the use of alternative landscape techniques and materials are reducing the rates and volumes of runoff. 12. Prior to recording the final plat, the applicant shall revise the plans to show consistency with the most recent version of the Engineering Guidelines and as follows: a. Relocate hydrants to approved locations on the proposed new street. b. Revise the landscaping plan to 1) label the disturbed areas of the site as restored with sod if outside the wetland buffer and an appropriate seed mixture inside the wetland buffer areas and 2) relocate any trees shown to be planted within the public rights-of-way or wetland buffers. c. Relocate the driveway on Lot 6 to a conforming location. If necessary, the applicant may locate the driveway access to the 13`h Avenue right-of-way, subject to the approval of an encroachment agreement. Any additional tree disturbance must be shown on the tree removal plan, with the appropriate recalculation of reforestation. Resolution 2005 - Final Plat (2005024F) Page 4 d. Revise the tree inventory to indicate trees 226, 227 and 540 to be saved, consistent with the tree removal plan. e. Revise the signage plan to add a note that street barricades are to be consistent with City Standard Detail STRT-15. 13. The applicant shall provide the necessary permits as follows: 1) MPCA, 2) Minnesota Department of Health, 3) Minnehaha Creek Watershed District, and 4) NPDES. Additionally, a street right-of-way permit from the City is required to work in the street right- of-way. 14. The lowest floor elevations must be two feet higher than the HWL for both NURP ponds and wetlands, in compliance with Policy resolution 79-80 regarding minimum floor elevations. The lowest opening shall be 1.5 feet higher than the drainage overland emergency overflow route. 15. Any home constructed on Lot 1 shall be set back a minimum of 26 feet from the east property line to allow the retaining walls to be tiered. With this exception, the development standards shall be as required by the RSF-1 district. No variances are granted or implied. 16. Standard Conditions: a. Building permits are required for all retaining walls over 4 feet. b. All construction traffic related to grading, construction of improvements and the new homes shall be limited to 13th Avenue and shall not use the existing private driveways. c. No retaining wall tiebacks are allowed on adjacent private property. If this cannot be accomplished on the subject property, then private easements shall be required. d. Fences shall be installed on top of all retaining walls over four feet. e. Trees required for reforestation may be provided on adjacent properties with the written consent of the property owner. f. Prior to recording the final plat, the applicant shall pay the park dedication fees required for the total number of units shown on the plans. g. Prior to issuance of a grading or building permits, the tree preservation fencing is installed and inspected on-site, and the required financial guarantee submitted. h. Removal of all hazardous trees from the property at the owner's expense. i. No building permits shall be issued until the wetland buffer monuments have been installed and inspected. J. No building permits shall be issued until a contract has been awarded for sewer and water. k. Street names shall comply with the City Street Naming System. 1. Approved street name signage is required at the intersection of Vagabond Court and 13th Avenue. in. With the exception of one permit for a model home, no building permits shall be issued until the final plat, required easements and HOA documents are filed and recorded with Hennepin County. n. All signage shall be consistent with Section 21155 of the Zoning Ordinance. Resolution 2005 - Final Plat (2005024F) Page 5 o. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Approved by the City Council on November 8, 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 November 8, 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 CITY OF PLYMOUTH RESOLUTION NO. 2005 - ADOPTING ASSESSMENTS CITY PROJECT NO. 5129 SANITARY SEWER AND WATERMAIN AREA HADLEY HILLS SECOND ADDITION (2005024) WHEREAS, in conformance with the development contract, the City has received a Waiver of Assessment Hearing from the property owner of Hadley Hills Second Addition waiving their right to special assessment hearings covering the installation of sanitary sewer and water trunk facilities, and all other appurtenances; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2006, and shall bear interest at the rate of 7.0 % per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Finance Director, pay the whole of the assessment on such property with interest accrued to the date of payment to the City Finance Director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and he may at any time thereafter pay the City Finance Director the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 30 or interest will be charged through December 31, of the next succeeding year. 4. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Finance Director to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as other municipal taxes. 5. The total cost of the improvement assessed by this resolution is $19,029.90. Adopted by the City Council on November 8, 2005. Or Fngineering DEV I.MNTS 200.5 10050'_4 -Sewer K Water Area Assessments.doc 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 November 8 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 4 Agenda Number. k 0 TO: Laurie Ahrens, City Manager THROUGH: Mike Goldstein, Chief of Police FROM: Scott Webb, Lieutenant SUBJECT: Change Order and Other Fu cng Authorization for Public Safety/ CityHall Project DATE: November 1, 2005 for the November 8, 2005 City Council Meeting 1. ACTION REQUESTED: The City Council adopt the resolution approving Change Order number 4 and to authorize spending city funds on hand for the Public Safety/City Hall Expansion and Remodel Project. 2. BACKGROUND: City Staff have been working with the architectural firm of the Boarman Kroos Vogel Group (BKV), owner's representative, Bill Wolters of Constructive Ideas and the general contracting firm of Maertens-Brenny on the expansion and remodel of the Public Safety Building and City Hall. Phase 1 of the project included the construction of the addition to the Public Safety building and enclosed garage. A remodel of the existing Public Safety Building followed this. The last phase of construction will be the new common entry for Public Safety and City Hall. This new space will include a large meeting room (dividable in two) and a new reception desk. The public hallways in the upper level of City Hall will also be redecorated. The project should be completed in January of 2006. 3. DISCUSSION: The City has received Change Order number four from our owner's representative, Bill Wolters from Constructive Ideas Inc. The change order will modify the contract between the City of Plymouth and Maertens-Brenny Construction Company. The details of the changes are as follows: Items for Channe Order No_ 4 Description PR # o COR No. Requested by: Amount Add VCT to remainder of Evidence Room PR -50 Owner 2,912.00 Remove and dispose of existing Dispatch counsole PR -57 Owner 668.00 Existing piping and sewer pipe chane PR -62 Architect 1,590.00 Fur concrete joist at new skylight PR -63 Owner 1,626.00 Paint columns at Police parking yellow PR -68 Owner 1,833.00 Demo cabinet at existing Police Library to make whitebd. Useable PR -69 Owner 295.00 Nine outstanding electrical items PR -72 Electrical engineer 6,966.00 Add smoke detector to RTU#1 PR -75 Mechanical engineer 990.00 Add center mesh partition to split evidence room 8005 PR -79 Owner 3,971.00 Add unistrut support for light fixtures PR -80 Architect 2,810.00 Revise lighting at monument sin PR -82 Architect 1,780.00 Relocate existing rainwater leaders CCD -4 Architect 3,362.00 Grade changes by Hilde Center CCD -5 Architect 14,950.00 Revise fire & smoke detectors at existing CCD -7 Architect 3,789.00 Additional duct detectors per Fire Marshall & City Inspector CCD -8 Fire Marshall, City Inspect 14,312.00 Add sidewalks west of New addition to get building open COR -30 Contractor/City Inspectors 8,920.00 Demo existing ceiling at Room C130 COR -33 Contractor/Architect 5,442.00 Additional excavation for multiple bad soil conditions COR -37 Contractor/Soils Engineer 42,833.00 Re i e mixing box & wall furring COR -39 Architect 4,554.00 Revise control valve per ASI -38 COR -48 Contractor/Architect 1,895.00 Add corner guards per Plymouth Police COR -49 Owner 795.00 Paint 2nd half of existing salt ort COR -50 Contractor/Architect 1,721.00 Demo and haul out temporary walk COR -51 Architect 572.00 Added soil corrections at West drive COR -52 Contractor/Soils Engineer 2,675.00 Remove existing curb at Receiving COR -53 Contractor/Architect 644.00 Restructure walk & block retaining wall at Plymouth Blvd COR -54 Owner 4,348.00 Total for CO#4 136,253.00 On June 8, 2004, a Public Bond Hearing was conducted and the City Council authorized the sale of 7,500,000 in General Obligation Capital Improvement bonds to be used towards the approved 10,850,000 project budget. The Finance Department reported to me that we received $7,390,240 in actual proceeds from the bond sale. The remaining $3,459,760 for the project was to be paid with city cash on hand, $1,534,760 from the Capital Improvement Fund and $1,925,000 from the Community Improvement Fund. Even though the cash on hand money for the project was documented in agenda reports and discussed at council meetings it was never presented in resolution form authorize the spending of the cash for the project. Our Finance Department needs the approval in the form of a resolution for auditing purposes. 4. BUDGET IMPACT: The original contract amount awarded to Maertens-Brenny Construction Company was $8,469,150. Change Order number 1 increased this amount by $48,164 to $8,517,314. Change Order 1 was approved by the City Council on 2/22/05. Change Order 2 increased the contract to Maertens-Brenny Construction by $22,509, to $8,539,823. Change Order 2 was approved by the City Council on 3/29/05. Change Order 3 increased the contract by $46,381 to 8,586,204. Change Order 3 was approved on 8/23/05. Change Order 4 will increase the contract by $136,253 to 8,722,457. The project is still under budget with approximately $240,000 remaining in contingency funds. 5. RECOMMENDATION: We recommend the City Council adopt the resolution authorizing the approval of Change Order number four to the contract between the City of Plymouth and Maertens- Brenny Construction Company and to authorize the spending of the $3,459,760 from the Capital Improvement and Community Improvement Funds to supplement the bond sale money to finance the building project budget. ATTACHMENTS: 1. Explanation of Items for Change Order #4 2. Draft Resolution CITY OF PLYMOUTH RESOLUTION NO. 05 - RESOLUTION APPROVING CHANGE ORDER NUMBER FOUR ON THE PLYMOUTH PUBLIC SAFETY BUILDING EXPANSION AND REMODELING PROJECT WHEREAS, the original contract for the public safety building expansion and remodeling project was awarded to Maertens-Brenny Construction Company in the amount of $8,469,150; and WHEREAS, change order number one, adopted by the Council on 2/22/05, modified that contract due to structural and mechanical changes that are needed in the project by increasing the contract by 48,164 to $8,517,314; and WHEREAS, change order number two, adopted by the Council on 3/29/05, modified that contract due to structural and mechanical changes that are needed in the project by increasing the contract by 22,509 to $8,539,823; and WHEREAS, change order number three, adopted by the Council on 8/23/05, modified that contract due to structural and mechanical changes that are needed in the project by increasing the contract by $46,381 to $8,586,204; and WHEREAS, we have now received our fourth change order for various changes listed in detail within the cover agenda item; and WHEREAS, Change Order Number four will increase the contract amount by $136,253; and WHEREAS, the City's owner's representative, Bill Wolters, has recommended approval of Change Order Number four; and WHEREAS, City and Police Department Staff has reviewed and also recommends approval of Change Order number four on the Plymouth Public Safety Building Expansion and Remodeling Project and WHEREAS, The City's Finance Department is requesting City Council authorization to spend cash on hand from the Capital Improvement and Community Improvement Funds in the amount of 3,459,760 to supplement the total project budget. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, the City Council adopt the resolution approving Change Order Number Four on the Plymouth Public Safety Building Expansion and Remodeling Project to increase the contract amount by 46,381 and authorize the spending of $3,459,760 from the Capital and Community Improvement Funds to supplement the cost of the total project. Adopted by the City Council on Explanation of Items for Change Order No. 4 Proposal Request No. 50. When the high-density movable shelving system was added to the Evidence area it was installed on top of the concrete slab on grade and required a raised wood floor be installed to the level of the shelving tracks. This floor was finished with VCT flooring. This proposal request is to cover the remainder of the room with the same VCT floor finish. — The impact on the project results in an increase of $2,912.00. 2. Proposal Request No. 57. The existing (old) Dispatch console and wiring had to be removed and discarded. The impact on the project is an increase of $668.00. 3. Proposal Request No. 62. This proposal request was issued to remove unforeseen plumbing in existing first floor walls of the Public Safety Building. The impact on the project is an increase of $1,590.00. 4. Proposal Request No. 63. At the 2"d floor Police Administration area a skylight was added in the existing roof structure. The roof structure is an existing concrete pan and joist system. The placement of the skylight has a concrete joist centered in the opening. The original intent was to remove the joist, but a structural investigation indicated that it is a structural member that cannot be taken out. The decision was made to fur it in with drywall. The impact on the project is an increase of $1,626.00. 5. Proposal Request No. 68. After the new Police underground parking area was occupied the need was recognized to paint the 20 concrete support columns hi -visibility yellow so they would stand out from the grey concrete walls. The impact on the project is an increase of $1,833.00. 6. Proposal Request No. 69. At the existing Police Conference/Library an existing cabinet was removed and wall finishes extended to make an existing wall mounted marker board accessible. The impact on the project is an increase of $295.00. 7. Proposal Request No. 72. This proposal request covered nine separate electrical items, most of which were encountered during the remodeling of the existing Public Safety facility. The items included relocating existing electrical in the lobby, reinstalling garage door controls at the existing Sallyport, replacing ballasts and lamps at the Booking area, increasing the number of circuits serving the trellis lighting, relocating the lighting and gray board in the Booking area, furnishing 4-plex boxes in certain 2nd floor existing rooms, adding a box and switching to control fixtures that did not come with dimming ballasts and, finally, furnishing and installing dimmers in the Briefing Room C144 and Conference Room C261. The total impact for all nine items is an increase of $6,966.00. 8. Proposal Request No. 75. This proposal request was to add a smoke duct detector to the new air handling unit serving the new Police addition. This was at the request of the City Fire Inspector. The impact on the project is an increase of $990.00. 9. Proposal Request No. 79. This proposal request adds a security mesh screenwall at the center of the Police Evidence Room B005. By dividing he space it allows two vehicles to be taken in and processed for evidence rather than just one. The impact on the project is an increase of $3,971.00. 10. Proposal Request No. 80. This proposal request adds unistruct carriers to the back of the light fixtures located in the stone retaining walls at the new front of City Hall. This was necessary to install the lights in the loose laid stone walls. The impact on the project is an increase of $2,810.00. 11. Proposal Request No. 82. This proposal request revises the circuiting and adds light fixtures to the new monument sign at the southeast corner of the campus. The impact on the project is an increase of 1,780.00. 12. Construction Change Directive (CCD) No. 4. This directive was to remove and relocate existing roof drain leaders, which were encountered during the demolition of interior walls at the existing Public Safety Facility. The impact on the project is an increase of $3,362.00. 13. Construction Change Directive (CCD) No. 5. This directive was issued to revise grades, curbs and walks at the north side of the construction limit tying into the Hilde Center site. This change was necessary to make grades work with existing conditions. The impact on the project is an increase of 14,950.00. 14. Construction Change Directive (CCD) No. 7. This construction change directive was issued to relocate an existing smoke damper serving the Booking area and add two additional dampers to the existing system. In addition, return air ductwork was added at rooms C202, 203, 204, 205 and 206. This was work added to the existing building systems and was at the direction of the City Building Department and the City Fire Marshall. The impact on the project is an increase of $3,789.00. 15. Construction Change Directive (CCD) No. 8. This construction change directive was issued to cover changes to the existing facility required by the Fire Marshall. Work included removing and reinstalling conduit and wire to the main sprinkler valve, furnishing and installing 4 duct detectors, test switches, relays and related conduit and wire on the existing 2° a floor air handling unit serving the holding cells, furnishing heat detectors, tamper switches and related conduit at the Elevator room, furnishing hom/strobe in the Holding Cell corridor and the Sally Port Reception area, and adding strobe only alarms in existing restroom per the Fire Marshall's correction notice. This was all work in areas not scheduled to be renovated, but now required to be brought up to current codes. The impact on the project is an increase of $14,312.00. 16. Change Order Request (COR) No. 30. This is a request made by the contractor as a result of being required to install a concrete sidewalk in order to allow the 1St phase of the building to be opened in March of 2005. The City Inspection Department required a permanent sidewalk and access in lieu of a temporary wooden walkway, which had been planned. Because of the time of the year it required removal and replacement of soils in order to all the concrete to be poured. The impact on the project is an increase of $8,920.00. 17. Change Order Request (COR) No. 33. This request was made by the contractor to add the demolition of ceilings at room C130. The ceiling was supposed to be patched, but during the demolition process it was discovered that it was not a suspended ceiling but was supported by the adjacent walls, which were scheduled to be demolished. In addition, the ceiling was two layers of gypsum board attached to a backing layer of plywood, making the demolition more difficult. The impact on the project is an increase of $5,442.00. 18. Change Order Request (COR) 37. This request was made by the contractor as a result of discovering poor soil during the excavation work for the paving area at the Hilde. This work was required by American Testing and Engineering, the soils engineering firm for the project. Poor soil was encountered and had to be excavated and hauled off site, a geo-textile fabric was added and select granular soil was brought in and compacted. Once the initial repair was made, additional areas were discovered which also had to be corrected. Finally, three areas were discovered in the north entrance road, which also needed to be repaired. Some of this work was done on an overtime basis in order to maintain construction to allow the Music in Plymouth event. The impact on the project as a result of this change is an increase of $42,833.00. 19. Change Order Request (COR) 39. This request was for the relocation, re -piping and adding wall furring for a mechanical mixing box in the remodeled area. The box had to be relocated to the east wall of room C130 and furred out with masonry. The impact on the project as a result of this change is 4,554.00. 20. Change Order Request (COR) 48. Control valves were added by Architect's Supplemental Instruction No. 38. . The impact on the project as a result of this change is $1,895.00. 21. Change Order Request (COR) 49. The Plymouth Police Department requested that corner guards be installed at 11 locations, which were taking abuse from Officer's belt suspended equipment. The impact on the project as a request of this change is $795.00. 22. Change Order Request (COR) 50. This request was to paint the remaining half of the existing Sallyport where no repair wall work was done and no painting was scheduled to take place. The impact on the project as a result of this change is $1,721.00. 23. Change Order Request (COR) 51. This request was to remove the temporary walk required for temporary occupancy to allow the permanent construction to be installed. The impact on the project as a result of this change is $572.00. 24. Change Order Request (COR) 52. This request is to remove and replace unsuitable soil at the west drive to the new parking deck. The soil conditions were similar to those already reported. The impact on the project as a result of this change is $2,675.00. 25. Change Order Request (COR) 53. This request was to remove and replace an existing curb at the receiving area, as it was too low to allow proper drainage. The impact on the project as a result of this change is $644.00. 26. Change Order Request (COR) 54. This request is for the additional work to remove and regrade the sidewalk to the west of the drive entry on Plymouth Boulevard. This work is outside of the construction limits but was necessary to meet a City engineering requirement for sidewalk slope. The existing sidewalk was removed as well as an existing modular block retaining wall. The grade was lowered and the modular block reset to the new elevations. Sod was removed and reinstalled as part of this change. The impact on the project as a result of this change is $4,348.00. Total of all twenty-eight (26) items included in Change Order No. 4: $136,253.00 DATE: October 28, 2005 for the City Council Meeting of November 8, 2005 Meeting TO: Laurie Ahrens, City Manager through Doran Cote, Director of Public Works FROM: Shane Missaghi, Water Resources Engineer SUBJECT: DENY WETLAND REPLACEMENT PLAN APPLICATION FOR LIFESTYLE PROPERTY, INC. (2005033); SW 1/4 SE'/4 SECTION 1 T118 R22W THE VILLAS OF BASS LAKE CREEK (2005033) ACTION REQUESTED: Make a motion to adopt the attached resolution denying the Wetland Replacement Plan. BACKGROUND: Lifestyle Properties, Inc., submitted a Wetland Replacement Plan Application for a proposed residential housing development on approximately 18.94 acres. The wetland impacts and construction of the Wetland Replacement Plan are dependent on the project proceeding. On October 25, 2005 the City Council directed staff to prepare a resolution denying the rezoning, preliminary plat and site plan for the development. If the development is denied the Wetland Replacement Plan should also be denied. Denial of The Villas of Bass Lake Creek is also on the November 8, 2005 City Council agenda. Two medium quality wetland basins, for a total of 1.63 acres, were identified on this site (Figure One). The project would impact 4,256 square feet (0.1 ac.) of wetland basins. The applicant is proposing to replace wetland impacts onsite with at least 6,073 square feet (0.14 ac.) of New Wetland Credit NWC) and 14,644 square feet (0.34 ac.) of Public Value Credit (PVC). RECOMMENDATIONS AND CONCLUSIONS: If The Villas of Bass Lake Creek (2005033) is denied, I recommend that the City Council adopt the attached resolution denying the Wetland Replacement Plan Application for the proposed The Villas of Bass Lake Creek development. attachments: Figure Resolution O:\Engineering\DE V LMNTS\2005\2005033\Memos\2005033CC. doc pt.` # µl . 7 • 1 7 .. % ; .. lilii 1. , , f! J i 1........, i I A RESOLUTION NO. 2005 - DENYING WETLAND AND REPLACEMENT PLAN APPLICATION LIFESTYLE PROPERTIES, INC (2005033) SWl/4 SEl/4 SECTION 1, T118N-R22W WHEREAS, Lifestyle Properties, Inc. had proposed to fill wetlands for The Villas of Bass Lake Creek development; and WHEREAS, a Replacement Plan Application was prepared replacing the wetlands on-site and in kind at a 2 to 1 ratio which is required by the Minnesota Wetland Conservation Act (WCA); and WHEREAS, the impacts and construction of the Wetland Replacement Plan is dependent on approval of The Villas of Bass Lake Creek development; and WHEREAS, on November 8, 2005 the Plymouth City Council denied Lifestyle Properties, Inc. application for The Villas of Bass Lake development; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City Council denies the Replacement Plan application for The Villas of Bass Lake Creek (2005033). Adopted by the City Council on November 8, 2005 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk 0:AEngineering\DEVLMNTS\2005\2005033\Resol\WCA Res 2005033.doc Agenda Number a TO: Laurie Ahrens, City Manager FROM: Marie Darling, Senior Planner (763-509-5457) through Anne Hurlburt, Community Development Director SUBJECT: Lifestyle Properties. Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit and Variance to allow the construction of thirteen multiple -family buildings to be called the "Villas of Bass Lake Creek" for property located at the southwest corner of the intersection of Nathan Lane and Bass Lake Rd. (County Road 10). (2005115) DATE: October 28, 2005 for the City Council Meeting of November 8, 2005 REVIEW PERIOD DEADLINE: January 19, 2006 1. PROPOSED MOTION: Move to adopt the attached resolution denying the request by Lifestyle Properties for a rezoning, preliminary plat, site plan, conditional use permit, interim use permit and variance to the Subdivision Ordinance for property located at the southwest corner of the intersection of Nathan Lane and Bass Lake Road. At their October 25, 2005 meeting, the City Council voted unanimously to recommend denial of the application and directed staff to prepare a resolution for denial and findings of fact to reflect the Council's discussion. The resolution has been drafted by the City Attorney's office and is attached. Denying a rezoning, findings of fact, preliminary plat, site plan, conditional use permit, and variance requires a 4/7 vote of the City Council. ATTACHMENTS: 1. Minutes from the October 25, 2005 City Council Meeting 2. Resolution Approving the Findings of Fact to Deny the Rezoning, the Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permits and Variance Proposed Council Minutes Regular Meeting of October 25, 2005 Page 3 of 8 Creek to ie City of Plymouth for Public Use (Parcel No. 24-118-22-23-0027 — Res2005-400). 6.10) ResoliXion. Authorizing the Mayor and City Manager to Execute Agreement No. PW 39- 17-05 for Partia Funding for Union Pacific Trail Crossing along CSAH 61 (Xenium Lane) at 13th Avenue (511 — Res2005-401). 6.11) Resolution Ap roving Purchase of Road Salt Off the State of Minnesota Contract for the 2005-2006 Snow Seaso (Res2005-402). 6.12) Acceptance of Thir Quarter 2005 Financial Report. 6.13) Resolution Approving ' al Payment to Fabcon Incorporated (Res2005-403). 6.14) Resolution Approving Revi Res2005-404). 6.15) Resolution Appointing Election Res2005-405). to the Plymouth Goose Management Program Mayor Johnson stated she would be abstaining for November 22, 2005 Special Election Motion carried to approve the Consent Agenda. Public Hearings There were no public hearings scheduled). General Business voting on item No. 6.15. 8.1) Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit, and Variance for Lifestyle Properties (southwest corner of the intersection of Nathan Lane and Bass Lake Road — 2005115) Community Development Director Hurlburt reported on the application for Rezoning, Preliminary Plat, Site Plan, Conditional Use Permit, Interim Use Permit, and Variance for the construction of 13 multiple -family buildings to be called the "Villas of Bass Lake Creek" property at the southwest corner of the intersection of Nathan Lane and Bass Lake Road). She stated that this project was the subject of a land use study completed in 2001. She stated one of the key planning issues identified was that the development of this site should be sensitive to ensuring appropriate transitions between different land use types and intensities. The study and Comprehensive Plan list many different types of transitions that developers could use including natural features like wetlands, man-made features like roads, building orientation, buffering and screening, increased distance between uses, and graduating land use intensities. The proposed buildings in this development and the adjacent homes would be separated by wetlands, ponds, a Proposed Council Minutes Regular Meeting of October 25, 2005 Page 4 of 8 private road, and mature trees. The buildings are oriented so they back up to the rear yards of the adjacent homes and are designed with a similar roof pitch as the homes in the area. The applicant has proposed to plant trees and shrubs to reduce the visibility of the buildings over time. These are all techniques suggested as transitions in Chapter 4 of the Comprehensive Plan. She stated originally, the applicant proposed the RMF -4 zoning over the portion of the property south of the Bass Creek) guided for residential uses. The proposal included 13, 12 -unit buildings (156 units) and 169 surfacing parking spaces. The density was 10.92 per acres. The applicant requested a continuance of the public hearing and redesigned their proposal to apply the RMF -3 district over two buildings and reduce the height accordingly. The other 11 buildings were proposed to be zoned RMF -4. This change reduced the overall density to 10 units per acre 144 units) and allowed the applicant to reduce the surface parking to 139 parking spaces. On August 17, 2005, the Planning Commission had a split vote. Those voting to recommend denial of the project cited the following: 1) the five buildings closest to the adjacent properties should be zoned RMF -3, rather than only two buildings; 2) concern regarding the size and location of the parking lots; and 3) concern that the infrastructure (shopping and services) was not adequate in the area. After the meeting, the applicant withdrew their application. The current request is to rezone a larger portion of the property to the RMF -3 district (five buildings) which results in fewer units (a total of 136 units) and reduces the need for surface parking lots (a total of 86 surface parking spaces are provided). The applicant removed 12 units from the buildings on the south and west sides of the development and 53 parking spaces from the parking lots closest to those buildings. The proposed density is 9.5 units per acre. She stated the major issue for the Council this evening is the rezoning policy issue. She noted that there are a number of zoning classifications that could be consistent with the Comprehensive Plan for this area. The real key is the transitions/land use compatibility (architecture/scale and appearance of development), distance from adjacent uses (backyards serving as transitions between uses), separation using natural features, and buffers/screening (parking lots). Other issues that were discussed at the Planning Commission meeting included proposed density, traffic, accessibility to services, transit, wetlands, storm drainage, design for senior market, rental vs. ownership, crime, variance for sidewalk, and pedestrian circulation. She stated the Planning Commission recommends approval of the proposed project. She stated if the Council were to deny the plan, she requested that they direct staff to prepare findings of fact consistent for denial at a future Council meeting. Bill Gleason, applicant, illustrated that the four buildings on the west side and the one building on the southeast part of the property have been changed to two-story buildings. He stated the idea of the RMF -4 zoning is for aesthetic reasons, as they elected to go with a roof that compliments the housing in the area. If they were to construct a flat roof on those buildings, it would fall under the requirement of RMF -3 zoning. He stated they considered many types of housing for this area, and the senior use seemed to be the best fit. He stated based on their experience, approximately 90% of the units would be occupied by seniors and the remainder by single individuals. He illustrated the floor plans and the elevation of the buildings in comparison to the surrounding homes. Proposed Council Minutes Regular Meeting of October 25, 2005 Page 5 of 8 Mayor Johnson asked Mr. Gleason why they haven't age restricted the project. Mr. Gleason replied they did that with another project, and they found it to be problematic, as sometimes one spouse could comply with the requirement, but the other couldn't. Mayor Johnson suggested that perhaps they make the requirement that one of the occupants needs to be 55 years old. Mr. Gleason stated the development is designed for senior citizens, but they could certainly consider that. He added that the price range isn't conducive for young families. He indicated that this type of housing is on the upward scale for demand. Community Development Director Hurlburt discussed the different zoning classifications (RMF - 1, RMF -2, and RMF -3), densities, and the height requirements for structures within each of those zoning districts. Motion was made by Councilmember Slavik and seconded by Councilmember Hewitt, to direct staff to prepare findings of fact consistent with denial for the November 8 Council meeting. Councilmember Slavik stated that the proposed development is too dense, and she doesn't feel that this development is in the best interest of anyone in the area, even into the next 25 years. In addition, she stated that there isn't an adequate transition between this development and the adjacent housing developments. Councilmember Black stated that the City has reviewed this property in terms of the southern and western exposures to the adjacent homeowners, and she noted that two other adjacent sides to this property are zoned commercial. She stated the difficulty is to provide proper transitions between all the uses. She noted that to some extent, this proposal did start that. The height of the inner core buildings would protect those homes on the west and to the south from the lights and noise from commercial area. Sharon Slye, 5590 Trenton Lane, noted that there are affordable housing units in Cardinal Ridge. James Sweat, 5545 Nathan Lane, No. 5, stated regarding the density calculations, there would be 13.8 units per acre with the larger buildings and 5.6 units per acre with the smaller buildings. Therefore, the density levels would exceed what is allowed. Mayor Johnson stated he is correct, but the density is figured on the average of the development. He stated that there is a traffic problem at the Nathan Lane intersection even though the Planning Commission didn't state that. He requested that if this is to be a senior housing development, the developer dedicates it entirely for that use. Jerry Unger, 10607 57th Place North, stated he is concerned about the drainage from this development into the Bass Creek and wetlands, as it would go into a water quality pond at the banks of Bass Creek. He noted that Bass Creek was recently declared an impaired waterway by the Minnesota Pollution Control Agency. He stated that the water quality pond could be located elsewhere on this site so the drainage could be filtered correctly. Francis Hanson, 5660 Trenton Lane, stated her property borders the south side of the proposed Proposed Council Minutes Regular Meeting of October 25, 2005 Page 6 of 8 development, and the proposed buildings would only be approximately 150 feet from her property. She stated children from this development would need to walk through her yard to get to the nearest neighborhood park. Councilmember Bildsoe stated that he is concerned with the stacking of traffic on Nathan Lane, and that needs to be addressed. He stated he would prefer to see RMF -2 zoning for this property. Councilmember Hewitt agreed with Councilmember Slavik that there isn't a good transition between this development and the adjacent housing developments. She requested that staff try to incorporate transit opportunities with future developments that come before the City. Councilmember Stein stated that he would be supporting the motion, but he acknowledged that this is difficult property to develop with the commercial areas to the north and east. Councilmember Willis stated he is also concerned with the transition between this development and adjacent developments. He also noted that the transition should occur on the developer's property, not the neighbors'. Councilmember Black recommended that the City review a RMF -2 zoning for this property, which would be to change the guiding to LA -2. Mayor Johnson agreed that there is a lack of a good transition between the developments, and compatibility between the uses. She stated she is also concerned about the elevations of the buildings. There being no further discussion and with all members voting in favor, the motion carried. 8.1.1) Wetland Replacement Plan for Lifestyle Properties Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to postpone the Wetland Replacement Plan for Lifestyleperties until November 8. With all members voting in favor, the motion carried. 8.2) Planned bs4 Development Amendment for Seven Greens and Seven Greens 2"d Addition (2005107 --nqrtheast corner of Schmidt Lake Road and Vicksburg Lane) Councilmember Hewitt state he applicant has requested to amend the Planned Unit Development to allow constructs of garages with more than 1,000 square feet for single-family homes. She stated correspondence s received from Nelson Muller, regarding this development containing large homes o all lots. Mr. Muller requested that driveway access to the rear garage/storage area and overhead dbqr not be permitted. Community Development Director Hurlburt state at staff discussed the issue of not allowing driveways to the storage area with the developer, and twas acceptable him. Regarding eliminating the overhead door, that would eliminate storage ssibilities. She stated that staff has provided a revised Ordinance and Resolution to the Counci is evening that would CITY OF PLYMOUTH RESOLUTION 2005 - APPROVING FINDINGS OF FACT FOR DENYING THE REZONING, PRELIMINARY PLAT, SITE PLAN, CONDITIONAL USE PERMIT, INTERIM USE PERMIT, AND VARIANCE FOR LIFESTYLE PROPERTIES FOR 13, MULTIPLE FAMILY BUILDINGS ON A 15.99 ACRE PROPERTY LOCATED NEAR THE SOUTHWEST CORNER OF THE INTERSECTION OF NATHAN LANE AND BASS LAKE ROAD (COUNTY ROAD 10) 2005115) WHEREAS, Lifestyle Properties has requested reclassification of the zoning from FRD (Future Restricted Development District) , C-2 (Neighborhood Commercial), and RMF -2 (Multiple Family 2) to RMF -3 (Multiple Family 3) and RMF -4 (Multiple Family 4), a preliminary plat, site plan, conditional use permit, interim use permit, and variance for 13, multiple family buildings on 15.99 acres of land located at the southwest corner of the intersection of Nathan Lane and Bass Lake Road (County Road 10), legally described as follows: Outlot A, HICKORY HILLS VILLAS, and, Lot 1, Block 4 Bass Lake Villas, and, Outlot H, the Ponds at Bass Creek, and, The north 300 feet of the east 110 feet of the northwest quarter of the southwest quarter of Section 1, Township IIS, Range 22, Hennepin County, subject property"). WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it denies the request for reclassification of the zoning from FRD, C-2, and RMF -2 to RMF -3 and RMF -4, preliminary plat, site plan, conditional use permit, interim use permit and variance for Lifestyle Properties for 13, multiple -family buildings on 15.99 acres of land located near the southeast corner of the intersection of Nathan Lane and Bass Lake Road (County Road 10), based on the following findings: 1. The subject property is guided LA -3 (Living Area 3) by the City's Comprehensive Plan. 12163302 Resolution 2005 - Findings of Fact (2005115) Page 2 2. The following zoning districts are delineated in the Comprehensive Plan as corresponding zoning districts to LA -3 guiding: RMF -1 (Multiple Family 1) RMF -2 (Multiple Family 2) RMF -3 (Multiple Family 3) Other zoning districts may also be appropriate if the proposed development would meet the density criteria of 6 to 12 units per acre. 3. RMF -4 is delineated as a corresponding zoning district to LA -4 guiding under the Comprehensive Plan. It is not a corresponding zoning district to LA -3. 4. The allowed density range of LA -3 is six to twelve units per acre. The proposed development of the subject property has an overall density of 9.5 units per acre. The proposed RMF -3 portion of the subject property has a density of 5.2 units per acre, and the proposed RMF -4 portion of the subject property has a density of 13.8 units per acre. Although the blended density on its face meets LA -3 requirements, the high density concentration in the center of the development is inconsistent with the lower intensity adjacent development to the south and west which is not adequately transitioned from that development. 5. The subject property is adjacent to the following: 6. RMF -3 and RMF -4 zoning allows apartment buildings. 7. The development to the north is separated from the proposed development by Bass Lake Road, a County Road (CSAR 10), classified as an "A" Minor Arterial in the City's Comprehensive Plan. 8. The development to the east is separated from the proposed development by Nathan Lane, classified as a minor collector in the City's Comprehensive Plan. 9. The development to the south and west of the proposed development is single family homes and townhomes. 2 Adjacent Land Use Guiding Zoning North Boston Scientific and IP I-2 Various Office Uses CO BC South Single Family Homes LA -2 RSF-2 Townhouses LA -3 RMF -3 East Super America Fuel Station C C-2 Vacant CO FRD West Townhouses (Under Construction) LA -3 RMF -2 Single Family Homes Under Construction) LA -2 RSF-3 6. RMF -3 and RMF -4 zoning allows apartment buildings. 7. The development to the north is separated from the proposed development by Bass Lake Road, a County Road (CSAR 10), classified as an "A" Minor Arterial in the City's Comprehensive Plan. 8. The development to the east is separated from the proposed development by Nathan Lane, classified as a minor collector in the City's Comprehensive Plan. 9. The development to the south and west of the proposed development is single family homes and townhomes. 2 Resolution 2005 - Findings of Fact (2005115) Page 2 10. The City's Comprehensive Plan, Section 4.3.3, identifies the following land use planning techniques for transition between land uses: using natural features such as topography, using man made features such as major roadways, or by placing uses next to different uses of similar intensity. With the exception of a wetland which is an inadequate transition because of its size and location and the nature of the potentially adjacent and conflicting land uses, none of these transitions exist between the existing single family and townhome development to the south and west and the proposed apartment buildings allowed in the RMF -3 and RMF -4 zoning districts. 11. Since the land proposed for rezoning does not provide the transitions between differing land uses to the south and west, the subject property should be zoned in a manner to allow development similar to the existing development to the south and west. RMF -1 and RMF -2 zoning allows townhomes and manor homes, not apartment buildings. These zoning designations are consistent with the LA -3 land use guide plan designation. 12. The Comprehensive Plan also identifies the following site planning techniques for transition: Architectural Design Site Layout Distance Buffering and Screening Building Orientation None of these techniques are used to achieve an effective transition for this development. a. The height, scale, parking lots, and massing of the apartment buildings are out of scale and not complementary with the adjacent townhomes. b. The graduation in land use intensity proposed by the applicant using the RMF -3 as a transition between the existing adjacent residential structures and the proposed RMF - 4 district is not adequate. c. The distance between the existing adjacent residential structures and the proposed structures is not an adequate transition due to the scale and appearance of the development. d. The surface parking areas required for apartment uses are incompatible when located adjacent to the existing residential structures. e. There are no natural features that provide a transition between the existing residential structures and the proposed apartment buildings. f. Buffering and screening between the differing land uses have not been provided. 13. The proposed rezoning to RMF -3 and RMF -4 is denied because of the lack of effective transition between the uses allowed in such districts and the adjacent single family and townhome developments. 3 Resolution 2005 - Findings of Fact (2005115) Page 2 14. The preliminary plat, site plan, conditional use permit, interim use permit and variance are denied, based on the denial of the rezoning. Apartments are not permitted under the current zoning. 15. The site plan is also denied because of the lack of transition. ADOPTED by the City Council on November 8, 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 November 8, 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 4 Agenda Number: 61of) TO: Mayor & City Council FROM: Jeanette Sobania, Human Resources Manager SUBJECT: Elected Official Out -of -State Travel Policy DATE: November 8, 2005 1. ACTION REQUESTED: Adoption of the attached resolution approving the Elected Official Out -of -State Travel Policy. 2. BACKGROUND: The Minnesota Legislature enacted a statute during the 2005 legislative session that requires all local governments to enact a travel policy governing out-of-state travel by elected officials. Chapter 156 requires the following: The policy must be approved by a recorded vote and specify: 1) when travel outside the state is appropriate; 2) applicable expense limits; and 3) procedures for approval of the travel. The policy must be made available for public inspection upon request and reviewed annually. Subsequent changes to the policy must be approved by a recorded vote. 3. DISCUSSION: The City currently has a policy for employees, commissioners and City Council members that governs applicable expense limits. There is currently no policy in place guiding the procedures or the reasons for approving out-of-state travel by the Mayor or City Council. The League of Minnesota Cities drafted a model policy. We have used it as our model for the reasons travel may be approved. 4. BUDGET IMPACT: There is no budget impact. 5. RECOMMENDATION: Approve the attached resolution adopting the attached elected official out-of-state travel policy. ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY Purpose: The City of Plymouth recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which the City will reimburse out-of-state travel. Reimbursement will be made pursuant to the Expense Reimbursement and Travel Policy. General Guidelines: The event, workshop, conference or assignment must be approved in advance by a vote of the City Council at an open meeting and must include an estimate of the cost of the travel. In evaluating the out-of-state travel request, the Council will consider the following: Whether the elected official will be receiving training on issues relevant to the city or to his or her role as the Mayor or as a council member; Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City where the purpose for the trip is to study the facility or function to bring back ideas for the consideration of the full council. Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister -city" relationship. Whether the elected official has been specifically assigned by the Council to testify on behalf of the city at the United States Congress or to otherwise meet with federal officials on behalf of the city. Whether the city has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. CITY OF PLYMOUTH RESOLUTION NO: - APPROVING THE Elected Official Out -of State Travel Policy WHEREAS, the Mayor and members of City of Plymouth City Council do travel out of state for workshops, conferences, or other assignments; and WHEREAS, the Minnesota legislature has enacted a statute requiring that every City adopt a policy that provides guidelines for when out of state travel is appropriate, applicable expense limits and procedures for approval; and WHEREAS, the City of Plymouth has a travel policy for all employees, commissioners and elected officials regarding appropriate expense limits; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does: Approve the attached Elected Official Out -of -State Travel Policy effective January 1, 2006. Adopted by the City Council on a.OX DATE: October 28, 2005 for Council Meeting of November 8, 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. Carlson Terrace (2003087) attachment: Resolution O:AEngineering\GENERA L\MISC\Ross\FG-Memos\2005\FG I 1-08-05F.doc RESOLUTION NO. 2005 - FINAL RELEASE OF FINANCIAL GUARANTEE CARLSON TERRACE (2003087) WHEREAS, in accordance with the development contract dated November 19, 2003, Wilson Management, developer of Carlson Terrace (2003087), 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 a 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 remain as follows: ITEM Street Construction Sanitary Sewer Service/Street Repair Watermain Service/Street Repair Storm Sewer Boulevard and Drainage Swale Sod Retention Pond Filtration System Rain Garden Street Signs Site Grading and Drainage Improvements Setting Iron Monuments Design, Administration, Inspection, As-Builts Totatl ORIGINAL CURRENT AMOUNT AMOUNT 0- 0- 3,000 0- 3,000 0- 1,400 0- 1,000 0- 22,000 0- 0- 0- 0- 0- 5,000 0- 500 0- 4,308 0- 40,208 0- FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract be released as follows: ITEM ORIGINAL CURRENT NEW AMOUNT AMOUNT AMOUNT Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning Cash: Adopted by the City Council on November 8, 2005. 1,500 $1,500 $-0- 0: \Engin eering\DEV 0- O:\Engineering\DEV LNfNTS\2003\2003087\Resol\FG2003087 final. doc Agenda Number 66 f TO: Laurie Ahrens, City Manager FROM: Jared Noelting, Associate Planner (509-5463) through Anne Hurlburt, Community Development Director SUBJECT: City of Plymouth. Repealing and Replacing the Resolution Approving Sign Variances for Vision of Glory Church located at 13200 State Highway 55. DATE: November 1, 2005 for the City Council Meeting of November 8, 2005 1. PROPOSED MOTION: Move to adopt the attached resolution replacing Resolution No. B94-17, approving a variance to increase the surface area of a nameplate sign and a variance to allow a 5 -foot front yard setback. The new resolution includes a corrected legal description of the affected property. Approval of a Variance requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: On February 27, 1996, the City's Board of Zoning Adjustments and Appeals approved variances to allow a 50 square foot nameplate sign and to allow a 5 -foot front yard setback for the sign. A modification is required to correct the legal description identified in the resolution. A record search of the legal description identified in the original resolution with Hennepin County indicated that Resolution No. B94-17 was not recorded with property it was intended to. Because the previous action was taken prior to the City Council acting as the City's Board of Zoning Adjustments and Appeals, attached is a new resolution that would repeal and replace Resolution No. B94-17. The new resolution is necessary to be acceptable for recording with Hennepin County. 3. RECOMMENDATION: The Community Development Department staff recommends approval of the attached resolution to replace the existing Resolution No. B94-17. ATTACHMENTS: 1. Resolution No. B94-17 2. Replacement Resolution OCT -25-2005 13:25 TRANSFER ENTERED HENNEPIN PDuNn TWAY1111 ICP l ' i GUARANTY TITLE INC 25701-34 CITY OF PLYMOUTH RESOLUTION NCJ: B94-17 APPROVING VARIANCE REQUEST FOR 612 337 5966 P.03 WHEREAS, Vision of Glory Lutheran Church has requested approval of a variance to increase the surface area of a nameplate sign from 32 square feet to 77 square feet together with a variance to allow a 10 foot front ygrd setback versus the 20 foot ordinance standard for property located at 13200 State Highway 55. The property is more specifically described as: int 1, Block 1, Northwest Business Campus 4th Addition, Hennepin County, MN. WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said request at a duly called public hearing; NOW,. THEREFORE, BE IT. HEREBY _RESOLVED BY THE BOARD OF ZONING AND ADJUSTMENTS AND APPEALS, OF THE CITY OF PLYMOUTH, MIlVNESOTA, that it should and hereby does approve the request by Vision of Glory Lutheran Church based on the following findings: 1. The variance standards have been met. CERTIFICATION I, Laurie Ahrens, City Clerk for the City of Plymouth, in and for said City, does hereby certify that I have compared this account of the action taken on said Variance with the original resolution granting said variance and have found. the same to be a correct and true account of those proceedings. IN TESTIMONY W'IF-REOF, I have hereunto subscribed my hand at Plymouth, Minnesota in the County df Hennepin, on the 3Rdday of ab , 1994. JYA LA A.HRENS CITY CLERK TOTAL P.03 CITY OF PLYMOUTH RESOLUTION 2005 - REPEALING AND REPLACING RESOLUTION NO. B94-17 FOR SIGN VARIANCES FOR VISION OF GLORY CHURCH LOCATED AT 12300 STATE HIGHWAY 55. WHEREAS, the legal description in Resolution No. B94-17 is incorrect and should be correctly legally described as follows: Lot 1, Block 1, Vision of Glory Addition, Hennepin County, Minnesota. WHEREAS, the change to Resolution No. B94-17 is limited to correcting the legal description. WHEREAS, the resolution approves variances to allow an increase in the surface area of a nameplate sign from 32 square feet to 50 square feet together with a variance to allow a five-foot front yard setback versus the 20 -foot Ordinance Standard for the property located at 13200 State Highway 55. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve repealing and replacing resolution number B94-17 for the property located at 12300 State Highway 55. Adopted by the City Council on November 8, 2005. Resolution 2005 - Page 2 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 November 8, 2005, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Agenda Number: i DATE: November 1, 2005 for the City Council Meeting of November 8, 2005 TO: Laurie Ahrens, City Manager FROM: Pat J. Qvale, Public Services Manager SUBJECT: TRANSIT CONVENIENCE FARES REIMBURSEMENTS ACTION REQUESTED: Adopt the attached resolution approving the Agreement for Transit Convenience Fares Reimbursements with the Metropolitan Council. BACKGROUND: The Metropolitan Council is empowered by the Legislature to establish and administer a Regional Fare Structure. This provides regional fare levels, and regional fare tools for the use of all regional transit providers to accept as payment for rides. Metro Transit administers the prepaid fare tools programs and is the recipient of all convenience fare sales revenue. The purpose of this agreement is to define the terms and conditions under which Metro Transit redistributes the convenience fare sales revenues to the City of Plymouth for Plymouth Metrolink, a regional transit provider. The agreement defines the reporting procedures required of Plymouth Metrolink, fares that are eligible for reimbursement, cash value of the reimbursable fares, and required. methods for the reimbursement process. BUDGET IMPACT: Historically Plymouth Metrolink entered into this agreement effective August 1, 2003 to increase our revenue stream to offset our operating cost. It is in the best interest of the City's transit operating fund to secure this revenue stream. The estimated revenue is $200,000 per year. As our ridership continues to increase, this is a critical element of our transit operating revenue. The Metropolitan Council recently renewed the contract with the new rate structure adopted by the region in July 2005. RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council adopt the attached resolution approving the Agreement for Transit Convenience Fares Reimbursements with the Metropolitan Council through June 30, 2007. attachments: Contract Resolution 0:\Engineering\TRANSIT,RESOL\2005\CC Memo re Revenuc_Ag=ement_l0_31_05.doc Page 1 of 4 Agreement for Transit Convenience Fares Reimbursements THIS AGREEMENT is made and entered into by and between Plymouth Metrolink, a transit operating entity of the City of Plymouth, hereinafter referred to as the provider" and the Metropolitan Council, a public corporation and political subdivision of the State of Minnesota, hereinafter referred to as the "Council." Purpose Statement The Metropolitan Council is empowered by the Legislature to establish and administer a Regional Fare Structure (MN Statute 473.408). This provides regional fare levels, and regional fare tools for the use of all regional transit providers to accept as payment for rides. Metro Transit administers the prepaid fare tools programs and is the recipient of all convenience fare sales revenue. The purpose of this agreement is to define the terms and conditions. under which Metro Transit redistributes the convenience fare sales revenues to eligible regional transit providers. The agreement defines the reporting procedures required of the provider, fares that are eligible for reimbursement, cash value of the reimbursable fares, and required methods for the reimbursement pr ce s. Definition of Convenience Fares Convenience Fare is defined as a fare prepaid by a customer prior to the transit ride. The customer boards the vehicle with the pre -paid fare media, rather than cash, for use in the farebox. Periodically, new fare tools are developed for the region. At the time of this agreement, the region uses stored value cards, stored ride cards, tokens, MetroPasses, U - Passes, 31 -day passes and 2 types of mobility passes. Any tools developed for the region during this agreement become a part of the agreement. Transfers The Regional Fare Structure specifies full regional transfer reciprocity i.e. all providers' transfers are accepted by all other providers. If a stored value card or monthly pass is used as a transfer, the farebox driver display will read "TRANSFER"; and the farebox data system will classify the ride as a transfer. No transfer rides should be included in requests for reimbursements. If drivers are recording pass usage manually, they must not record a transfer on a convenience fare card as a reimbursable convenience fare ride; it should be recorded as a transfer, and will not be reimbursed due to regional transfer reciprocity. Transfers are not written to MetroPasses or to U -Passes. Therefore, all MetroPass and U - Pass trips are counted as original reimbursable trips. Data Collection If a provider can use information from the farebox software, it is the most accurate level of detail and is preferred. With the implementation of the "Go -To Card", or smart card, a similar level of information detail will be available to the providers through the smart card data base administered by Metro Transit and available through secured channels to Page 2 of 4 the provider. The provider has the option of presenting all reimbursable convenience fare rides in one of two formats, as described below. It is the intent of the Council to migrate all renortinc of reimbursable and other rides to a consolidated electronic database (smart card and G.F.I. farebox data) by the end of the calendar year 2004, and at that time revisit the reimbursement rate schedule in order to reflect actual ride values. Use of G.F.I. farebox data: In order to request reimbursements, the provider will collect from farebox data, the fareset (fare in effect), ride type, convenience fare value and convenience fare type. Without that level of detail the reimbursement can be overstated. For example, a customer boarding a peak express bus with a low denomination 31 -day pass must supplement the ride with cash in the farebox. While the value of the ride was $2.75, $1.50 is paid in cash and retained by the provider. The provider must request, and Metro Transit reimburses only for the pre -sold portion of the fare, $1.25 (discounted). The reimbursement request form attached (Form A) shows the data (ttp) location of the pre- paid fares. (This data set is currently in use with MnDOT NorthStar Commuter Coach and several Council -contracted providers). Use of manual reporting data: If a provider collects information manually, they should collect information at the greatest level of detail required for reporting purposes. In order to determine the reimbursable fare, the elements are: time of day, day of week, service type and rider type (full fare or reduced fare) — see the attached speadsheet (Form B). Drivers who are recording information manually will need to check the LED display when the passenger uses a monthly pass or stored value card to determine if it is an originating boarding or a transfer. If the LED readout says "stored v" or the value of the monthly pass (example, 12.50" for an express monthly pass), drivers should record these in the appropriate space on their manual tracking sheet. In all cases, U -Passes shall be recorded as a separate category, and reimbursement rates calculated under a separate procedure. The U -Pass reimbursement rates are directly related to and determined by the U -Pass contract between the Council and the University of Minnesota, and are not effected by other changes in regional fare levels. If the stored value card or monthly pass are being used as a transfer, the LED display will read either "Adult", "Youth", "Senior", or "Lim. Mob." to indicate to the driver what type of transfer it is. Drivers should not record these passes on their manual tracking sheet, but rather as transfers. Page 3 of 4 Reporting of Data Reports and requests for reimbursement can be submitted monthly or quarterly. Information is submitted by the provider on the appropriate form, accompanied by an The provider will keep detailed records on file for auditing purposes and is subject to audit by the Council or its auditors. The provider is to submit reports and an invoice no later than 30 days after the end of the billing cycle. The Council retains the right to request more information prior to payment and to withhold payment until proper information is received from the provider. The Council must remit the provider within 30 days of receipt of the invoice. Value of Convenience Fares Media beginning July 1, 2005 Peak/Express Peak/Local Off-peak Express Off-peak Local Mobility/Reduced Tokens --all sizes Cash Value of Trip 2.75 2.00 2.00 1.50 0.50 1.50 Reimbursement Value of Trip The cash value is reduced for convenience fares sales discounts. 2.500 1.818 1.818 1.364 0.500 1.364 The convenience fare reimbursement is reduced by 1.81% for Transit Works/ commission fees paid to outlets who sell convenience fares. For any provider not involved in Motor Vehicle Excise Tax revenue sharing through the Regional Transit Fund, an additional 5.31% administrative fee will be deducted from reimbursements. For regional transit providers contracting with Metro Transit for regular route services, the average MetroPass revenue credit per trip will be increased to $1.643 per ride effective July 1, 2005, which is the estimated total MetroPass revenue, following the 2004-2005 contract renewals, divided by the total number of rides for the region. Duration of Agreement Unless there is a regional fare increase, this agreement is in effect July 1, 2005 through June 30, 2007. The Agreement may be terminated, at any time, with or without cause by either party, upon 30 days written notice to the other party. Page 4 of 4 The provider should send reports and invoices or questions to: Metro Transit Operations 560 Sixth Avenue North Minneapolis, MN 55411-4398 Attn.: Lynn Wallace 1=. wallace(i metc. state.mn.us 612-349-7709 As agreed between the parties to this letter; Signature) Name, printed) Signature) Name, printed) Mayor of the City of Plymouth City Manager of the City of Plymouth Date Date Signature) Date a Name, printed) DAVID A. Cj4R1 T PAnr.sen1 Manager, Regional Transportation Services, Metropolitan Council CITY OF PLYMOUTH RESOLUTION NO. 2005 - RESOLUTION APPROVING AGREEMENT FOR CONVENIENCE FARES REIMBURSEMENTS WITH METROPOLITAN COUNCIL WHEREAS, the City of Plymouth provides transit services pursuant to Minnesota Statutes Section 473.388; and WHEREAS, the Plymouth Advisory Committee on Transit (PACT) provides review and oversight of Plymouth Metrolink operations, facilities and administration; and WHEREAS, Plymouth Metrolink is a regional transit provider that accepts as payment all regional prepaid fare tool programs; and WHEREAS, the City Council has determined that it is in the best interests of the City to adopt a resolution approving the Agreement for Transit Convenience Fares Reimbursements with the Metropolitan Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the City hereby adopt this resolution approving the Agreement for Transit Convenience Fares Reimbursements with the Metropolitan Council through June 30, 2007 and authorizes the signatures of Mayor and City Manager. Adopted by the City Council on November 8, 2005. O:\Engineering\TRANSIT\RESOL\2005\CC Res RE Revenue_Reimbursemen_10_31_05.doc CITY OF PLYMOUTH RESOLUTION NO. 2005 - RESOLUTION APPROVING AGREEMENT FOR CONVENIENCE FARES REIMBURSEMENTS WITH METROPOLITAN COUNCIL WHEREAS, the City of Plymouth provides transit services pursuant to Minnesota Statutes Section 473.388; and WHEREAS, the Plymouth Advisory Committee on Transit (PACT) provides review and oversight of Plymouth. Metrolink operations, facilities and administration; and. WHEREAS, Plymouth Metrolink is a regional transit provider that accepts as payment all regional prepaid fare tool programs; and WHEREAS, the City Council has determined that it is in the best interests of the City to adopt a resolution approving the Agreement for Transit Convenience Fares Reimbursements with the Metropolitan Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the City hereby adopt this resolution approving the Agreement for Transit Convenience Fares Reimbursements with the Metropolitan Council through June 30, 2007 and authorizes the signatures of Mayor and City Manager. Adopted by the City Council on November 8, 2005. 0:\Engineering\TRANSIT ,ESOL\2005\CC Res RE Revenue Reimbursemen 10 31 05.doe Agenda Number: r DATE: October 31, 2005 for the City Council Meeting of November 8, 2005 TO: Laurie Ahrens, City Manager J FROM: Pat J. Qvale, Public Services Manager SUBJECT: 40 -FOOT LOW FLOOR BUS PURCHASE ACTION REQUESTED: Approve the request to the Metropolitan Council to exercise options for the purchase of eleven 40 -foot low floor transit buses under the existing contract with New Flyer of America, Inc. BACKGROUND: In November 2002, the Metropolitan Council authorized a contract with New Flyer of America, Inc., of Winnipeg, Manitoba, Canada, for the purchase of 40 -foot low -floor transit buses. Other op -out transit agency staff were very active in the development of the specifications for this bus purchase in the understanding that buses under this contract would be available to opt -out transit agencies. An initial quantity of 12 buses was ordered by the Council for its north metro private - operator services and delivered in 2003. Subsequently, Minnesota Valley Transit Authority MVTA) took delivery of 14 buses from this contract in May 2004. The contract includes options for up to 78 additional "option" buses during the term of the contract, with orders being required no later than December 2007. Plymouth Metrolink currently has a need to acquire replacements of eight ten -year-old 40 -foot buses currently owned and operated through the Metro Transit provider contract. The average mileage on these buses is in excess of 400,000 miles and they would reach their useful life in 2007. In addition, the City would be able to purchase three additional expansion buses from the Metropolitan Council's awarded Federal Congestion Mitigation -Air Quality Program funds. The Metropolitan Council has allocated funding to Plymouth Metrolink for this purpose. The purchase of these buses is necessary in order to meet the service expansion targets in 2007 with full utilization of the new transit facility Station 73. Staff is reviewing the available alternatives for purchasing the 11 buses currently funded. The City of Plymouth or Plymouth Metrolink does not have an active contract of its own for this type of bus and does not have the same level of technical expertise to perform such a solicitation. In an effort to work with the region and given the availability of buses under the Metropolitan Council contract, this joint solicitation is recommended. This would avoid requiring staff time for the details of every element of procuring transit buses; instead, staff time would be concentrated on developing the technical specification to meet the City of Plymouth and 40 -FOOT LOW FLOOR BUS PURCHASE PAGE 2OF2 Plymouth Metrolink needs in an effort to remain within the funding allocation from the Metropolitan Council. IMPACT: The 2005 Legislature provided funding for the purchase of these buses in the form of Met Council bond authorization. However, some of the funds would not be reimbursable to these purchases until April 2007, due to the Met Council's timing of the bond sales. By allowing this purchase to proceed directly from the Council, the maximum flexibility is obtained since Plymouth Metrolink will not need to be reimbursed for payments made to the vendor. The Metropolitan Council has allocated $318,000 per bus for this expenditure. Bus delivery would coincide with available funding from the Metropolitan Council bond sale. It is important to note that by requesting the Metropolitan Council to proceed to procure these buses, Plymouth Metrolink is releasing some control of the process. Metropolitan Council staff has indicated that the Transportation Committee would consider this item on December 12, and the full Metropolitan Council on either December 14 or December 28. City staff suggest that if this procurement does not go forward on the stated timeline, then the City Council should take a separate action to procure buses as soon as possible through another partnership with one of the other op -out transit agencies. Failure to award a timely contract would have negative consequences on Plymouth Metrolink ability to deliver future transit services. RECOMMENDATIONS AND CONCLUSIONS: The City Council adopt the attached resolution to: 1. Request that the Metropolitan Council issue Notice to Proceed under its existing contract for the purchase of 11 Plymouth Metrolink specification forty -foot low -floor transit buses to New Flyer of America, Inc., of Winnipeg, Manitoba, Canada; and, 2. Require that said Notice to Proceed be authorized by the Transportation Committee no later than December 12, 2005, and by the full Metropolitan Council no later than December 28, 2005, or this request is rendered null and void. 0:\Engineering\TRANSIIULESOL\2005\CC Memo_Bus_options_10_31_05_A-doc CITY OF PLYMOUTH RESOLUTION NO. 2005 - APPROVE THE REQUEST TO THE METROPOLITAN COUNCIL TO EXERCISE OPTIONS FOR THE PURCHASE OF ELEVEN 40 -FOOT LOW FLOOR TRANSIT BUSES WHEREAS, the City of Plymouth provides transit services pursuant to Minnesota Statutes Section 473.388; and WHEREAS, the City of Plymouth receives operating and capital assistance from the Metropolitan. Council for transit services; and WHERAS, funding is available for replacing obsolete vehicles in the Plymouth Metrolink fleet through the Metropolitan Council; and, WHERAS, a solicitation for the purchase of 40 -foot transit buses was issued by the Metropolitan Council on June 27, 2002, and best and final offers were opened on October 17, 2002; and WHEREAS, the Metropolitan Council contract 02PO16 based on this solicitation was issued to New Flyer, with a base price of $9,847,958, including 33 buses for the Metropolitan Council and other op -out transit agencies, WHEREAS, options exist under said contract for the purchase of additional buses; and, WHEREAS, New Flyer is considered a responsible vendor, and price analysis indicates that the currently available price of option buses represents fair market value; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Request that the Metropolitan Council issue Notice to Proceed under its existing contract for the purchase of 11 Plymouth Metrolink specification forty -foot low -floor transit buses to New Flyer of America, Inc., of Winnipeg, Manitoba, Canada; and, 2. Require that said Notice to Proceed be authorized by the Transportation Committee no later than December 12, 2005, and by the full Metropolitan Council no later than December 28, 2005, or this request is rendered null and void. Adopted by the City Council on November 8, 2005. 0:\Engineering\TRANSIT\RESOL\2005\CC Res_ bus_options.doc Agenda Number: (it ) a TO: Laurie Ahrens, City Manager FROM: Helen LaFave, Communications Manager SUBJECT: Resolution to Support Continued Authority of Local Government to Franchise Cable Services DATE: October 31, 2005 for November 8, 2005 Meeting 1. ACTION REQUESTED: Adopt the attached resolution that supports having local government continue to serve as the primary franchising authority for cable television services. 2. BACKGROUND: At the October 25 study session, Greg Moore, executive director of the Northwest Suburban Cable Communications Commission and Northwest Community Television, updated the City Council on pending federal legislative initiatives. The proposed legislation would eliminate, and at best greatly erode, local control of cable television franchises. On behalf of the Northwest Suburban Cable Communications Commission, Mr. Moore presented a resolution to the City Council that supports continued local government franchising of cable services. He requested that the Council consider adopting the resolution and forwarding it to Plymouth's elected officials in Congress. At the conclusion of the October 25 study session, the City Council unanimously voted to direct staff to send the resolution to the City Council for consideration at the November 8 City Council meeting. 3. ALTERNATIVES: The City Council could opt not to adopt the resolution. 4. DISCUSSION: Cable television franchises give local government bodies the ability to: manage local rights-of-way; fund public, educational and government access channels and facilities; and prevent cherry picking, thereby ensuring that all citizens in a community have equal access to broadband services. 5. BUDGET IMPACT: None. 6. RECOMMENDATION: I recommend that the City Council adopt the attached resolution, and direct staff to forward it to Plymouth's elected officials in Congress. CITY OF PLYMOUTH RESOLUTION NO. 2005 - SUPPORTING CONTINUED AUTHORITY OF LOCAL GOVERNMENT REGARDING FRANCHISING OF CABLE SERVICES WHEREAS, the City of Plymouth, Minnesota (herein "City") through its City Council adopts this Resolution to express its concern about proposals coming before Congress that will adversely affect the ability of local governments to continue to franchise cable services; and WHEREAS, the Minnesota Cities of Plymouth, Brooklyn Center, Brooklyn Park, Crystal, Golden Valley, Maple Grove, New Hope, Osseo, and Robbinsdale created a joint consortium known as the Northwest Suburbs Cable Communications Commission (herein "NWSCCC") approximately twenty (20) years ago to streamline cable television administration in our area and to ensure that the needs and interests of each member city was represented in regard to the initial development, installation and continued operation of cable television through our cities' public rights-of-way; and WHEREAS, NWSCCC has proven to be an effective, efficient model for developing and administering cable franchises, addressing concerns about the use of public right-of-way, and handling customer service issues; and WHEREAS, NWSCCC has developed a national standard for providing local programming that promotes civic involvement, public awareness of community news and events via public, educational and government cable channels; and WHEREAS, NWSCCC has provided each member city with the tools to efficiently televise city meetings, and provide citizens with gavel -to -gavel coverage and easy access to their local government officials and the decision-making process; and WHEREAS, by providing gavel -to -gavel coverage of local government meetings and local news, NWSCCC has promoted openness and accountability, a key ingredient to successful government and strong communities; and WHEREAS, the NWSCCC has advised the City of recent proposals which Congress is considering that would change the role of local governments in granting cable franchises and negotiating franchise agreements with local cable operators that meet the unique needs and interests of communities; and WHEREAS, on behalf of the City and other communities that are part of the NWSCCC, the NWSCCC has written to Congressional members requesting help with the preservation of local control, a copy of which letter is attached; and WHEREAS, because Congress is giving increasing consideration to principles that threaten the interest of the City and other members of the NWSCCC as well as cities throughout the country, the City believes that through this Resolution now is the time for local government to take a stand to protect the local authority and it is absolutely essential for Congressional representatives to fully understand the importance of retaining the current structure of local franchising authority, which has proven itself to be an effective system for governing the utilization of public rights-of-way by private industry offering cable and related services; and has spawned an important local communications tool; and WHEREAS, many communities throughout the country, including the City and the other members of the NWSCCC consortium, expended substantial sums to negotiate franchises that ensure that local needs are met, including the development of local community programs and televised public meetings of community interest; and WHEREAS NWSCCC and its member cities have worked diligently with cable service providers to offer service to all citizens within the franchise area without regard to location or income status; and WHEREAS, certain Congressional legislation has the potential to destroy these community benefits, robbing communities of rightful sources of revenue for utilization of public right-of-way, and WHEREAS, the proposals under consideration would eliminate the ability of the City and other NWSCCC cities to: Cablecast city meetings, Replace aging cable television equipment; Provide the award-winning local newscasts and community programming covering our franchise area; Offer public access facilities for to allow citizens to produce local, community - oriented and diverse programming services; and Ensure that all citizens of the community are offered access to cable television regardless of their income status or location. NOW, THEREFORE, in a regular meeting assembled of the City, it is resolved as follows: 1. That the City hereby vigorously opposes any federal legislation that will reduce the right of local governments to approve and administer franchised cable services; to charge reasonable franchise fees for the use of the right-of-way; to establish benefit requirements including public, educational, and governmental access channels, including funding, facilities, and equipment for such channels; and to require dedicated capacity or institutional network systems for educational and governmental purposes. 2. That representatives serving the City and each of the Member Cities of the NWSCCC, within the United States Senate and House of Representatives be made aware of this Resolution, and that they be invited to confer with community leaders to become better informed on the special needs and interests of the City and other Member Cities of the NWSCCC, and to commit to fight against any form of legislation that will reduce the rights of localities with regard to local franchising and cable system administration and enforcement. 3. That a copy of this Resolution shall be provided to each of the Member Cities that is part of the NWSCCC and shall be also through a certified copy delivered immediately after its passage to the members of the U.S. Congress serving this City. Adopted by the Plymouth City Council on November 8, 2005. Agenda Number: TO: Mayor and City Council FROM: Laurie Ahrens, City Manager,,X' SUBJECT: Adopt Ordinance Amending Gambling Expenditure Trade Area DATE: October 25, 2005, for City Council meeting of November 8, 2005 1. ACTION REQUESTED: Adopt the attached ordinance amending the City Code to change the trade area for gambling expenditures. This request is made by the Plymouth Lions Club. 2. BACKGROUND: In January 2003, the City Council enacted a lawful gambling ordinance. One provision of the ordinance required that licensed organizations expend 100% of its expenditures on lawful purposes conducted within the trade area of the City, which is defined as the corporate limits of the City and all abutting communities. The Plymouth Lions Club is currently the only licensee, and they have requested that the City Council consider a change in this ordinance provision so that 75% of its expenditures on lawful purposes be conducted with the trade area, rather than 100%. 3. DISCUSSION: The Plymouth Lions have provided several reasons for requesting this change in the trade area. They would like to be able to financially respond to large crisis events, such as the Hurricane Katrina relief effort. The Lions also would like to provide some funding to efforts that benefit Plymouth residents but do not currently qualify under this ordinance requirement. For example, the Lions provide financial support for Leader Dogs, Diabetes, and the Eye Bank at the University of Minnesota. All of these programs are utilized by Plymouth residents, but the contribution of the Lions do not qualify as within the trade area. Another organization that the Lions wish to sponsor is Teens Alone. This is a teen crisis organization located in Hopkins, and Plymouth is included in the service area. The City also provides funding to this organization. The trade area requirement is handled in different ways by cities with charitable gambling. Following is the required restriction on how much must be expended within the trade area of each City: Blaine 100% Bloomington 30% Brooklyn Park 75% Coon Rapids 60% Maple Grove 50% Medina 50% St. Louis Park 90% The cities of Apple Valley, Burnsville, Eden Prairie, Golden Valley, and Richfield have no trade area requirement. 4. BUDGET: There would be no impact on the City's expenses, nor on the 10% city - administered fund. In the first year of operation, the Plymouth Lions contributed approximately $100,000 to various organizations within the trade area. Under the proposed ordinance, a minimum of 75% of the total would have to be contributed within the trade area. 5. RECOMMENDATION: Adopt the attached ordinance amending the required trade area for charitable gambling proceeds from 100% to 75%. 0- PLYMOUTH LIONS CLUB We Serve September 18, 2005 Lori Ahrens City Of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Lori: When the city charitable gambling ordinance was changed to allow pull -tabs the Plymouth Lions were pleased to move forward with a pull -tab operation. The ordinance requires us to donate 100% of the net profits to organizations and individuals in the Plymouth trading area. This has worked fine but has restricted us in a couple of areas. What specifically brought this to our attention at this time is the hurricane Katrina relief effort. We do have a smaller Activities Fund, which is funded by a pancake breakfast etc. However, to make a more significant donations of a $1000 or more, this fund in generally not adequate. In addition to Katrina relief, the other activities we would like to increase support to are; Leader Dogs, Service Dogs, the Lions Eye Bank and Eye Clinic at the University of Minnesota, Lions Diabetes Fund, Lions Club International Foundation (LCIF). LCIF is usually one of the first donors in disasters anywhere in the world. Some of the recipients of the above services and funds are in the Plymouth area. Also, Teens Alone of Hopkins is an organization we would like to support. We are respectfully requesting a change that would allow us to spend up to 25% of our net profits from our pull -tab operations on the type of causes mentioned above, even if they are outside of the Plymouth trading area. If you have any questions please call me a 612-790-4707. Sincerely, ry Bjerke Secretary, Plymouth Lions CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2005 - AN ORDINANCE AMENDING CHAPTER 11 OF THE PLYMOUTH CITY CODE CONCERNING CHARITABLE GAMBLING EXPENDITURE TRADE AREA THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: Section 1. Section 1105.12, Subd. 2 of the Plymouth City Code is hereby amended as follows: Subd. 2. Each organization conducting lawful gambling within the City must expend 1-001% 75% of its lawful purpose expenditures on lawful purposes conducted or located within the trade area of the City, which shall be limited to the corporate limits of the City or any municipality contiguous to the City. This section applies only to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the City. Annually, each organization must file with the City a report prepared by an independent certified public accountant documenting compliance with this Section. In addition, each organization must submit a report to the City each January listing all lawful purpose expenditures from January 1 through December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the City location of the recipient and the amount of the donation. Section 2. Effective Date. This amendment shall take effect immediately upon its passage. ADOPTED by the City Council on November 8, 2005. Judy A. Johnson, Mayor ATTEST: Sandra R. Paulson, City Clerk Agenda Number: 1 TO: Laurie Ahrens, City Manager FROM: Anne Hurlburt, Community Development Director SUBJECT: Consider Setting Date for Joint City Council/ Planning Commission Listening Session" on Land Use Plan for Northwest Plymouth DATE: November 3, 2005 for the City Council Meeting of November 8, 2005 1. PROPOSED ACTION: Consider selecting one of the following dates for a joint meeting with the Planning Commission to conduct a "listening session" on the Comprehensive Plan update for Northwest Plymouth: Monday, November 28 Monday, December 5 (following the Truth in Taxation meeting) Monday, December 12 (following the Truth in Taxation reconvene meeting if it is necessary) Saturday, December 17 (10:00 a.m. - Noon) Meeting rooms are available at Plymouth Creek Center on these dates. Evening meetings unless otherwise noted) could begin at 7:00 p.m. and end at 9:00 p.m. 2. BACKGROUND: In September and October, the City held two sets of public meetings to kick-off preparation of the Land Use Plan update for Northwest Plymouth. Approximately 200 citizens and landowners attended the open house sessions and a similar number attended the neighborhood issue identification meetings. The next step will be workshop meetings with the City Council and Planning Commission, scheduled for November 30 and December 6. The purpose will be to review the input from the public meetings and to provide enough direction to staff and consultants so that alternative land use plans can be developed for review in early 2006. A number of attendees at the public meetings expressed a desire to address the Council and Planning Commission concerning the plan update. The format of the meetings did not provide significant time for statements from the public. While there will be some time for public comment incorporated into the agendas for the workshop meetings, it is likely that the time needed to satisfy the demand would take too much time away from the work that we need to accomplish. Therefore, it has been suggested that another meeting could be scheduled for the Council and Commission to receive public comments and presentations, i.e. a "listening session." This would provide additional public input to the process prior to preparation of alternative land use plans. If a "listening session" is scheduled, staff will provide written notification to all parties who signed in at the September and October meetings, and publicize it via press releases and via the website. 3. RECOMMENDATION: Staff recommends that the Council determine whether it wishes to hold a public meeting/ listening session" and if so, select a date from the options provided. 2 Y' Agenda Number: I TO: Mayor and City Council ,y FROM: Laurie Ahrens, City Manager SUBJECT: Set Future Study Sessions DATE: November 2, 2005, for City Council meeting of November 8, 2005 1. ACTION REQUESTED: Review the pending study session topics list, set study sessions and amend the topics if desired. 2. BACKGROUND: Attached is the list of pending study session topics, as well as calendars to assist in scheduling. There are two specific issues that the Council may wish to consider for timing purposes: Staff has completed the annual solicitation from residents who are interested in serving on an advisory board or commission. The Council typically conducts these interviews in late November or December so the appointments can be made prior to the terms expiring on January 31, 2006. The Council also may wish to consider a brief study session prior to the interviews to consider which reappointments to make and to identify where vacancies exist. Park Director Blank has requested that the Council consider holding a study session to discuss possible uses for the Hilde Performance Center. Staff has been discussing potential expanded uses of the center with an event planner. We would like direction before proceeding further with the concept. Event bookings typically begin in January, so a study session no later than early January would be desirable. Pending Study Session Topics at least 3 Council members have approved the following study items on the list) Other requests for study session topics: Update with City Manager (Feb. — annual review) Discuss Solid Waste Program (Jan. or later) Campaign sign enforcement Police and Fire staffing studies (mid 2006) Report on staffing needs of City (Willis) Consider hour restrictions on weekend construction (Hewitt) Meet with Xcel Energy to discuss reliability issues (Willis) Discuss possible reguiding (LA -2) or rezoning (RMF -2) of Nathan and Bass Lake Road (Black, Bildsoe) Discuss possible uses for Hilde Center (staff request - 2005) Request meeting with TwinWest PAC (Willis) OFFICIAL CITY MEETINGS November 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 7:00 PM PLANNING COMMISSION, 7:00 PM HUMAN RIGHTS COMMISSION, Plymouth Creek Center Conference Room 2 Black Box Theater, Plymouth Creek Center 6 7 8 9 10 11 12 L7:00YOUTH COUNCIL, ek Center, 2 7:00 PM ENVIRONMENTAL QUALITY COMMfTTEE EOC), Plymouth Creek Center Classroom 7:00PM PARK 8 RECREATIONDAY ADVISORYonferenceCOMMISSION (FRAC), Plymouth Creek omCenterClass VETERANS OBSERVED), City Offices Closed 8:00 PM REGULAR COUNCIL MEETING SPECIAL START TIME THIS MEETING ONLY), Black Box Theater, Plymouth Creek Center 13 14 15 16 17 18 19 7:00 PM HOUSING 8 REDEVELOPMENT AUTHORITY (HRA), PlymouthTown Square 6:30 PM VOLUNTEER RECOGNITION EVENT, Plymouth Creek 7:00 PM PLANNING COMMISSION, Bleck Box Theater, Plymouth Creek Center Center 20 21 22 23 24 25 26 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 11:45 AM PLYMOUTH BUSINESS COUNCIL, Sheraton Minneapolis West 12201 Ridgedale Drm, Minnetonka City Offices closed THANKSGIVING City Offices Closed THANKSGIVING HOLIDAY HOLIDAY SPECIAL ELECTION: STATE SENATE DISTRICT 43; POLLS OPEN 7:00 AM - 8:00 PM 27 p2(7 29 7:00 PM REGULAR CITY COUNCIL 30 Oct 2005 S M T W T F S 1 Dee 2005 S M T W T F S 1 2 3 MEETING, Black 2 3 4 5 6 7 8 4 5 6 7 8 9 10 Box Theater, Plymouth Creek 9 10 11 12 13 14 15 11 12 13 14 15 16 17 Center 16 17 18 19 20 21 22 18 19 20 21 22 23 24 23 24 25 26 27 28 29 25 26 27 28 29 30 31 30 31 modified on 11/3/2005 OFFICIAL CITY MEETINGS December 2005 Sunday Monday Tuesday Wednesday Thursday Friday Saturday Jan 2006 S M T W T F S 1 2 3 4 5 6 7 1 7:00 PM HUMAN RIGHTS COMMISSION, Plymouth Creek center Conference Room 2 2 3 Nov 2005 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 31 4 5 6 7 8 9 10 2:00 PM OLD FASHIONED CHRISTMAS - Plymouth Historical Society Building 7:00 PM TRUTH IN TAXATION PUBLIC HEARING, Plymouth Creek Center, Bleck Box7neeter 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 7:00 PM PLANNING COMMISSION, Black Boxrneater,Plymouth creek Center 7:00 PM PLYMOUTH ADVISORYCOMMITTEEON TRANSIT (PACT), Plymouth Creek Center 7:00 PM PARK 8 RECREATIONADVISORY COMMISSION (PRAC), PlymouthCenter 7:00 PM SLEEPLESS SLEEP -OUT FOR THE HOMELESS, Plymouth Creek Center 10:00 AM 2005 HUMAN RIGHTS DAY EVENT, Plymouth Creek Center 11 12 13 14 15 16 17 7:00 PM TRUTH IN TAXATION HEARING CONTINUED (IF NEEDED), Plymouth Creek Center, Bleck Box Theater 7:00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC), Plymouth Creek Center Clasroonn A 7:00 PM HOUSING 8 REDEVELOPMENT AUTHORITY (HRA), Plymouth Town Square Plymouth Creek Center 18 19 20 21 22 23 24 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 7:00 PM PLANNING COMMISSION, Black Box Theater, CHRISTMAS EVE Plymouth Creek Center 25 26 27 28 29 30 31 CHANNUKAH CITY OFFICES BEGINS AT CLOSED IN SUNSET OBSERVANCE OF CHRISTMAS CHRISTMAS DAY HOLIDAY modified on 11/4/2005 OFFICIAL CITY MEETINGS January 2006 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 S 6 7 NEW YEAR'S DAY 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 7:00 PM PLANNING COMMISSION, Black Box Theater, 7:00 PM HUMAN RIGHTS COMMISSION, Plymouth Creek Center Conference Room 2 Plymouth Creek Center 8 9 10 11 12 13 14 7:00 PM REGULAR CITY COUNCIL MEETING, Black Box Theater, 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE EQC), Plymouth Creek Center Classroom A 7:00 PM PARK & RECREATION ADVISORY COMMISSION (PRAC), Plymouth Creek Center Classroom A Plymouth Creek Center 15 16 17 18 19 20 2.1 MARTIN LUTHER KING JR. BIRTHDAY Observed) - City Offices Closed 7:00 PM PLANNING COMMISSION, Black Box Theater, Plymouth Creek Center 7:00 PM HOUSING & REDEVELOPMENT AUTHORITY (HRA) Plymouth Town Square 22 23 24 25 26 27 28 7:00 PM YOUTH ADVISORY COUNCIL, Plymouth Creek Center, lower level Conference Room 2 11:45 AM PLYMOUTH BUSINESS COUNCIL, Sheraton Minnespolis West 12201 Ridpedale Drive, Minnetonka 7:00 PM PLYMOUTH ADVISORYCOMMITTEEON TRANSIT (PACT), Plymouth Creek Center 7:00 PM REGULAR CITY COUNCIL MEETING, Bleck Box Theater, Plymouth Creek Center 29 30 3.1 Dec 2005 Feb 2006 S M T W T F S S M T W T F S 1 2 3 4123 4 5 6 7 8 9 10 5 6 7 8 9 10 11 11 12 13 14 15 16 17 12 13 14 15 16 17 18 18 19 20 21 22 23 24 19 20 21 22 23 24 25 25 26 27 28 29 30 31 26 27 28 modified on 11/3/2005