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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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.
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LEGAL DESCt31PT10l Of PREMISES SVRYEQ-C:
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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
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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
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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
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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
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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,
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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
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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.
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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,
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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.
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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
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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.
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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.
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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
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and in such order as may be deemed expedient by the City and shall not be a waiver of the
right to exercise at any time thereafter any other right, power or remedy.
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:
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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.
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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
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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
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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
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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