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Home My WebLink AboutCity Council Packet 12-28-2004CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING DECEMBER 28, 20049 7:00 PM 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Recognize Councilmember Karl Neset 4.02 Report on New Year's Family Event at the Plymouth Ice Center/LifeTime Fitness Park and Recreation Director Blank) 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 Variance for side yard setback to construct a third -stall garage addition for property located at 17005 24th Avenue Lane North. Douglas and Marilyn Grant. 2004141 – Res2004-527) 6.03 Approve Interim Use Permit to allow construction of a new home prior to the demolition of an existing home for property located at 12024 26th Avenue North. William Hull. (2004142 – Res2004-528) REGULAR COUNCIL MEETING December 28, 2004 Page 2 6.04 Accept Streets and Utilities for Continual Maintenance, Serenity at Hadley Lake 2002055) and Killians Gate Addition (2002027 — Res2004-529 & Res2004-530) 6.05 Approve amendment to legal description on the final plat resolution for "Plymouth Crossing". Heritage Development of Minnesota. (2004116F — Res2004-531) 6.06 Approve personnel issues: 6.06.1 Approve settlement of labor contract with AFSCME Council 5, Local 3445, which represents the maintenance employees (Res2004-532) 6.06.2 Approve settlement of labor contract with Law Enforcement Labor Services LELS), Local 18, which represents the police officers (Res2004-533) 6.06.3 Approve settlement of labor contract with AFSCME, Council 5, Local 3839, which represents the clerical, technical, and professional employees (Res2004- 534) 6.06.4 Approve revisions to Personnel Policy (Res2004-535) 6.07 Approve sale of City showmobile (Res2004-536) 7. PUBLIC HEARINGS 7_1 Vacation of Medina Road west of Vicksburg Lane to the east line of Medina Road as dedicated within Plymouth Station (Res2004-537) 8. GENERAL BUSINESS 8_1 Consider action relating to Hennepin County's potential closure of Mission Detox facility (Res2004-538) 9. REPORTS AND STAFF RECOMMENDATIONS REGULAR COUNCIL MEETING December 28, 2004 Page 3 9_1 Report on City's efforts to save 48 affordable Project Based Section 8 units at Willow Creek (requested by Mayor Johnson) 10. ADJOURNMENT — Adjourn to Plymouth Applebee's to recognize Councilmember Neset Proposed Minutes Special Council Meeting Truth in Taxation Hearing December 6, 2004 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on December 6, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Bildsoe, Hewitt, Slavik, Stein, and Neset. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Finance Director Hahn, Police Chief Goldstein, Park and Recreation Director Blank, Community Development Director Hurlburt, and Deputy City Clerk Gulbrand. Presentation on 2005 Proposed Budget Mayor Johnson stated the purpose of tonight's meeting is a hearing on the City's proposed 2005 budget and tax levy. City Manager Ahrens introduced the proposed budget, summarized the items which affect the budget and explained the budget process. Finance Director Hahn highlighted the proposed 2005 budget. He noted there is a 4.69% general fund increase over the 2004 budget and the average increase previous two years was 6%. He stated the City's property tax is projected to decrease from 25.23 to 24.90, and overall City tax levy would increase by 10.13%. City taxes on average valued homes ($323,900 after 9.0% appreciation) would increase by $69.70 (9.56%). City taxes on typical business ($1,000,000 after 2% decrease) would decrease by $82.24 (-2.87'%). He noted the difference is due to the shifting in appreciation of property values. He illustrated how the tax rates compared with homes in the surrounding cities. He noted key budget features which include adding a Police Sergeant and Transit Coordinator, reclassify Street Lead position to Drainage Maintenance Supervisor, increase Ice Center, Volunteer Coordinator and Public Works clerical support, continue use of Tree Trust and expand the I.C.W.C. program and reduce overtime expenditure. He noted the 2005 budget includes total General Fund expenditures of $22,493,654, which represents an increase of 4.83% over the 2004 adopted budget. Truth in Taxation Hearing Mayor Johnson opened the public hearing for testimony. Proposed Council Minutes Special Meeting of December 6, 2004 Page 2 of 2 Leland Eyres, 13900 54th Ave N. #3, asked if residential growth pays its cost for city services. Mayor Johnson replied that one of the problems with the 2004 budget was that the legislature would not allow the City of Plymouth to levy for growth. She noted that commercial and industrial had picked up approximately 60% of the property tax bill; but, this has changed through formula change, property tax reform and the economy. Therefore, this shift has caused the homes in the City of Plymouth to pick up 60% of the budget. Finance Director Hahn stated that a study was completed five years ago to determine if residential growth covers its cost, and the study seemed to support that concept. Councilmember Black noted the lack of funding for road improvements. Mayor Johnson closed the public hearing. Motion was made by Councilmember Hewitt, and seconded by Councilmember Black, to cancel the reconvened December 13 Truth in Taxation hearing. With all members voting in favor, the motion carried. Mayor Johnson stated approval of the 2005 Budget and Tax Levies will be on the December 14 Council agenda. Adiournment Mayor Johnson adjourned the meeting at 7:39 p.m. Sue M. Gulbrand, Deputy City Clerk Agenda Number 6 1 V CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Jared Noelting, Associate Planner through Anne Hurlburt, Community Development Director SUBJECT: Douglas and Marilyn Grant. Variance to allow construction of a third stall garage addition for the property located at 17005 -24th Avenue North 2004141) DATE: December 17, 2004 for. the City Council Meeting of December 28, 2004 REVIEW DEADLINE: March 2, 2005 1. PROPOSED MOTION: Move to adopt the attached resolution approving a variance to allow the construction of a third stall garage addition at 17005 -24th Avenue North, as recommended by the Planning Commission. Approval or denial of a variance requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicants are requesting approval of a variance to allow construction of an 11 -foot wide by 24 -foot deep third stall garage addition onto the east side of their existing two -car attached garage. The proposed addition would be set back. 6 feet from the side lot line, where 15 feet is specified by the Zoning Ordinance. 3. PLANNING COMMISSION MEETING: At their December 15, 2004 meeting, the Planning Commission unanimously voted to recommend approval of the request as an item on the consent agenda. The applicant was present. The minutes of the meeting are attached. Notice of the public meeting at the Planning Commission was mailed to all property owners within 200 feet. The notification area map is attached. File 2004109 Page 2 4. CONTEXT: A. Surrounding Land Uses The land to the north, south, west, and east of the site is guided LA -1, zoned RSF-1 and is developed with single-family homes. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 6. ANALYSIS OF PROPOSAL: The applicants are requesting approval of a variance to allow construction of a third stall garage addition, which would increase the size of the garage by 264 square feet. The Zoning Ordinance requires a minimum side yard setback of 15 feet in the RSF-1 zoning district. The applicants originally requested a side yard setback of five feet, but after recent discussions with staff, have modified their proposal to increase the setback to six feet. The applicants are requesting the variance in order to provide on-site storage primarily for a classic car that they own, and also to fulfill general storage needs. The car is currently located at an off-site facility, as it requires a secured location out of the elements. The applicants have indicated that without the garage addition, they must store the car off-site at significant cost. The applicants are proposing to locate the addition on the east side of the existing garage, because they state that location would result in the fewer site impacts. The applicants have considered alternative locations for expanded garage space on their property. They note that constructing a detached garage in the rear yard would require the removal of several mature oak, maple, and basswood trees. They also considered expanding in front of the existing garage, toward the street. However, that alternative would negatively impact the character of the home, because the main entrance for the home would be located roughly 40 feet behind the garage. That arrangement would result in the loss of visibility and functionality of the front door. Expansion in front of the existing garage may also result in the loss of three mature trees and other landscaping, due to their proximity during the construction process. Upon review of the site, staff concurs that the proposed location would preserve the most trees and would result in a compatible building design that would preserve the integrity of the existing home and neighborhood. A number of the lots in this neighborhood including the subject lot are non -conforming to the lot width requirement of 110 feet, as specified for the RSF-1 district. Additionally, a number File 2004109 Page 3 of the homes in the neighborhood were built in the 1970's with a side yard setback of less than 15 feet. Consequently, the reduced side yard setback proposed by the applicants would not be out of character with the neighborhood. The City Council must review the variance request with the seven standards outlined in Section 21030 of the Zoning Ordinance. A copy of the standards is attached. Staff used these standards to review the application, as follows: 1) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. The proposed garage addition would provide on-site storage for a classic car and would help to fulfill the applicants general storage needs. Furthermore, the proposed location would preserve the most trees and would result in a compatible building design that would preserve the integrity of the existing home and neighborhood. 2) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. The conditions related to this application are somewhat unusual. The applicants considered other garage locations, but are requesting that the garage be expanded to the east in order to preserve the character of the lot and home. Constructing a detached garage in the rear yard would require the removal of several mature oak:, maple, and basswood trees. Expansion in front of the existing garage would negatively impact the character of the home, because the main entrance for the home would be located roughly 40 feet behind the garage. That arrangement would result in the loss of visibility and functionality of the front door. That location may also result in the loss of three mature trees and other landscaping, due to their proximity during the construction process. 3) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. The request is not based upon a desire to increase the value or income potential of the property. The proposal would allow the applicant to construct a functional garage addition that would be compatible with the design of the home, and would preserve the character of the existing home and neighborhood. File 2004109 Page 4 4) That the alleged difficulty or hardship is; caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self- created hardship. The subject lot does not conform to the current lot width requirement of 110 feet, as specified by the RSF-1 zoning district. The subject property has a lot width of 100 feet. If the lot was platted at the minimum RSF-1 standard, the requested variance potentially would not be required. 5) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The proposed addition would not be detrimental to the public welfare or injurious to other land in the neighborhood. The proposed garage addition would be located next to another garage (as opposed to living space) on the neighboring property to the east. 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The variance would not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7) That the requested variance is the minimum action required to eliminate the hardship. The garage addition would be of minimal size needed to store the classic car (11 feet wide by 24 feet deep). The requested addition is the minimum action required to eliminate the hardship. 7. CONCLUSION: Staff has concluded that the variance request meets the applicable variance standards outlined in the Zoning Ordinance. However, since this conclusion is based on standards that are open to some interpretation, the City Council could reasonably reach another conclusion on this application. File 2004109 Page 5 8. RECOMMENDATION: Community Development Department staff recommends approval of the variance for Douglas and Marilyn Grant, subject to the conditions listed. in the attached resolution, as recommended by the Planning Commission. ATTACHMENTS: 1. Planning Commission Minutes 2. Variance Standards 3. Applicant's Narrative 4. Location Map 5. Notification Area Map 6. Site Photos 7. Site Graphics 8. Resolution Approving Variance Draft Minutes City of Plymouth Planning Commission Meeting December 15, 2004 MEMBERS PRES Chair Peggy Larson, Commissioners Frank Weir, James Holmes, Kendall Griffith, and Sar Berson MEMBERS ABSENT: Com ioners Melissa Musliner and Nancy Franke -Wilson STAFF PRESENT: Planning Maria Barbara Senness, Senior Planner Shawn Drill, Planner Josh Doty, and Office Support Represen ' e Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Vice Chair Weir, seconded by Commissioner Griffith, reending approval of the December 15, 2004 Planning Commission Agenda. Vote. 5 Ayes. MK approved. 5. CONSENT AGENDA A. APPROVAL OF THE DECEMBER. 1, 2004, PLANNING COMM MINUTES MOTION by Vice Chair Weir, seconded by Commissioner Griffith, recommending approval of the December 1, 2004 Planning Commission Minutes. Vote. 5 Ayes. MOTION annroved. B. DOUGLAS AND MARILYN GRANT (2004141) Chair Larson said that a petition in support of the request by Douglas and Marilyn Grant had been received. MOTION by Vice Chair Weir, seconded by Commissioner Griffith, recommending approval of the request by Douglas and Marilyn Grant for a variance to allow construction of a third stall garage addition for property located at 17005 20' Avenue North. Vote. 5 Ayes. MOTION approved. VARAINCE STANDARDS The Board and Zoning Administrator shall not approve any variance application (major or minor) unless they find failure to grant the variance will result in undue hardship on the applicant, and, as may be applicable, all of the following criteria have been met: a) That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished. from a mere inconvenience, if the strict letter of the regulations were to be carried out. b) That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. c) That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. d) That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship. e) That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. f) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g) That the requested variance is the minimum action required to eliminate the hardship. November 1, 2004 Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 To Whom It May Concern: Enclosedtplease find our application for a variance to, the property line setbacks on our home at 17005 24 Avenue North, Plymouth, MN, 55447. Also enclosed are the required sets of certified surveys and site plans. This variance would enable us to expand our current double car garage to include a third stall to the east of the existing garage. We have considered other options such as constructing a detached garage in our backyard. We also considered expanding the existing garage out from the front of the house which would involve adding two stalls, front to back. Both of these plans would require the removal of trees. To accommodate the addition out the front of the existing garage, we would most likely have to remove two mature trees and reconstruct the front entry to the house. For a detached garage in the backyard we would likely have to remove four to six mature trees. We prefer to leave the trees on the property, as they were a key reason for purchasing the home. We think they add both a monetary and esthetic value to the home and the neighborhood. Granting a variance that would allow us to construct the garage to the east of the existing garage would preserve the overall appearance of our home and the yard. We have included photographs of both our property and the neighbors located immediately to the east of us (16935 20 Avenue North). As you can see this property has a windowless garage that would be next to the area where we would like to construct the third stall of our garage. These photos also highlight the minimal impact the variance would have on both homes. Construction of a third garage stall on our home would not impair the supply of light to this adjacent property. These photographs show we make every attempt to take care of our property. Our plans are to landscape the new addition in the same manner the property is currently landscaped. The view from the street of the third stall addition would be partially blocked by a mature blue spruce tree. Our home is quite spacious - 5 bedrooms with approximately 2500 finished square feet. We believe any future owners would benefit from the availability of a larger garage in order to protect vehicles and possessions from seasonal elements and possible vandalisms — not to mention how it improves the appearance of the neighborhood when homeowners are able to keep a clean and uncongested appearance to the front of their home. Presently our existing garage is 17' from the eastern property line. The garage addition would move that to 5' of this property line. We realize that normally a variance of this type is quite difficult to obtain. However, after viewing how our home sits on the lot and its relationship to the neighbor, we believe the addition we've proposed would provide a third stall garage without compromising the appearance of the other homes in our area. Please review our request at your convenience. If you have any questions, need additional information, or would like to visit our property, please contact us at (home) 763-476-1337 or work — Doug) 763-478-2590. Thank you for your consideration. Sincerely, Douglas & MarilynrYGrant 1 - 17005 2e Avenue North Plymouth, MN 55447. ; , _ NOV L ?A04 J 71 FLYM011 c. A . AV ..LA -1. . THA.. ..... .... .. . LA_1. ................ .. .............. 2 O D AVE.... a . LA.1..... . J ... i ...... .... LA -1 - .. . r TAZ). ... 0 ... ..... n... .. ....... .... ....... .... 4 ...... ...... .... 19TH A Location Map - 2004141 Land Use Guide Plan Douglas and Marilyn Grant ® C, Comercial Grant Garage Addition CC, City Center 17005 24th Avenue North CO, Commercial Office Request for a Variance IP, Planned Industiral LA -1, Living Area 1 N LA -2, Living Area 2 W+ L LA -3, Living Area E LA -4, Living Area 4 City of S LAR, Living Area Rural Plymouth, Minnesota P -I, Public/Semi-Public/Institutional railroad 0 0.05 0.1 0.2 0.3 Miles VIEW FROM NORTH VIEW TO EAST SITE PHOTOS PvE1v 00 66000 00 2, Carpet o r' a V j ence rOil _ 0-6 CO, at une J ane ?• . , e cot o nett(D' 5/ a— Denotes iron monument t Nia- t PROPSEDot,;1 < O N a ADDITIONDITION 3; cco C ti o N 1g NOISE , 11 0 CP tNG Adjacent House OO ,p E1(t5 -o LOT N W 66.2 e c K a 5 c0 0 g to o• 16.1 n hment CD 0.1 encrpOc LOT 3 LOT 0 4 Jca as _ do CERTIFICATE OF SURVEY FOR: Doug Grant t ence 101.9 pla LEGAL DESCRIPTION. Lot 4, Block Z FAZENDIN PARK. -0.6 meas', Hennepin County, Minnesota. I o 5 . 69 N 76.42 16 found i(n C:\EP\DRAW\12221.DwG I hereby certify that this survey, plan or report was pce or File No. p ed b1c me Rr—und tDEMARS-GABRIEL my direct supervision and that I am a duly Registered tan u y d u dei,; the 221 Lawa of the State of Minnesota. ` LAND SURVEYORS, INC. J t` oak -Page 3030 Harbor Lane No.' 417- Plymouth, MN 55447 David E. Crook NOV - Phone:(763) 559-0908 8' 2(01 03 14' • . ole Date: Minn. Reg. filo. 22414 r — 1 30' o i T SITE GRAPHICS 2004141 Variance Douglas & Marilyn Grant 17008 24th Ave N 0 25 50 100 150 200 Feet CITY OF PLYMOUTH RESOLUTION 2:004 - APPROVING A VARIANCE TO ALLOW THE CONSTRUCTION OF A THIRD STALL GARAGE ADDITION FOR PROPERTY LOCATED AT 17005 -24TH AVENUE NORTH 2004141) WHEREAS, Douglas and Marilyn Grant are requesting approval of a variance to allow a garage addition to encroach nine feet into the required 15 -foot side yard setback on property legally described as follows: Lot 4, Block 2, of FAZENDIN PARK, Hennepin county, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval of the variance; 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 Douglas and Marilyn Grant for a variance to allow a garage addition to encroach nine feet into the required 15 -foot side yard setback, subject to the following findings and conditions: 1. The variance to allow a third stall garage addition is approved in accordance with plans received by the City on November 1, 2004, except as amended by this resolution, based on the conclusion that the applicant has met the applicable standards, as follows: a) The proposed garage addition would provide on-site storage for a classic car and would help to fulfill the applicants general storage needs. Furthermore, the proposed location would preserve the most trees and would result in a compatible building design that would preserve the integrity of the existing home and neighborhood. b) The conditions related to this application are somewhat unusual. The applicants considered other garage locations, but are requesting that the garage be expanded to the east in order to preserve the character of the lot and home. Constructing a detached garage in the rear yard would require the removal of several mature oak, maple, and basswood trees. Expansion in front of the existing garage would negatively impact the Resolution 2004- 2004141) Page 2 character of the home, because the main entrance for the home would be located roughly 40 feet behind the garage. That arrangement would result in the loss of visibility and functionality of the front door. That location may also result in the loss of three mature trees and other landscaping, due to their proximity during the construction process. c) The request is not based upon a desire to increase the value or income potential of the property. The proposal would allow the applicant to construct a functional garage addition that would be compatible with the design of the home, and would preserve the character of the existing home and neighborhood. d) The subject lot does not conform to the current lot width requirement of 110 feet, as specified by the RSF-1 zoning district. The subject property has a lot width of 100 feet. If the lot was platted at the minimum RSF--1 standard, the requested variance potentially would not be required. e) The proposed addition would not be detrimental to the public welfare or injurious to other land in the neighborhood. The proposed garage addition would be located next to another garage (as opposed to living space) on the neighboring property to the east. f) The variance would not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. g) The garage addition would be of minimal size needed to store the classic car (11 feet wide by 24 feet deep). The requested addition is the minimum action required to eliminate the hardship. 2. Prior to issuance of building permits, the applicants shall submit a revised plan showing a reduction in the width of the garage addition from 12 feet to 11 feet, which in turn increases the requested side yard setback from 5 feet to 6, feet. 3. The variance shall allow a two -foot eave overhang on the side of the garage. 3. A building permit is required prior to construction of the proposed improvements. Prior to issuance of a building permit, the applicant shall submit detailed building plans for the proposed improvements. 4. This approval shall expire one year after the (late 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 21030.06 of the Zoning Ordinance. ADOPTED by the City Council this day December 28, 2004. Resolution 2004- 2004141) Page 3 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on December 28, 2004, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Agenda Number O.o CITY OF PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL AGENDA REPORT TO: Laurie Ahrens, City Manager FROM: Shawn Drill, Senior Planner through Anne Hurlburt, Community Development Director SUBJECT: William Hull. Interim use permit to allow construction of a new home prior to demolition of an existing home, for property located at 12024 - 26th Avenue (2004142) DATE: Dec. 17, 2004 for the City Council Meeting on Dec. 28, 2004 REVIEW DEADLINE: March 10, 2005 1. PROPOSED MOTION: Move to adopt the attached resolution approving an interim use permit to allow construction of a new home prior to demolition of an existing home, for property located at 12024 -26th Avenue North, as recommended by the Planning Commission. Approval of an interim use permit requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of an interim use permit to allow him to temporarily occupy the existing home located at 12024 -26th Avenue during construction of a new home on the site. The existing (original) home would be removed from the site upon completion of the new home. 3. PLANNING COMMISSION PUBLIC HEARING: On December 15, 2004, the Planning Commission conducted the public hearing on this matter, and subsequently voted unanimously to recommend approval of the request. The applicant was present in support of the proposal. Other than the applicant, no one from the public wished to speak on the matter. File 2004142 Page 2 A copy of the Planning Commission minutes is attached. Notice of the Planning Commission's public hearing was published in the City's official newspaper and mailed to all property owners within 500 feet. A copy of the notification area map is attached. 4. CONTEXT: A. Guiding and Zoning of Site The subject lot is guided LA -1 (Living Area 1), and is zoned RSF-2 (Single Family Detached 2). B. Surrounding Land Uses The surrounding properties are guided LA -1 (Living Area 1) and are developed with single- family residential uses. C. Natural Characteristics of Site This site is located within the Bassett Creek Drainage District. The site contains no land within the Flood Plain Overlay District. The site is located within the Shoreland Overlay District for Medicine Lake. There are no wetlands on the site. D. Background The existing home was built in 1936, and is in need of major repair or replacement. On August 24, 2004, the City Council adopted a zoning ordinance text amendment to allow, by interim use permit, the temporary occupancy of an existing home during construction of a new home on the same lot. The applicant, William Hull, requested the text amendment in order to make it more economically feasible for residents to build a new home on their existing lot, provided the location of the existing home does not interfere with the location of the proposed home. One of the primary purposes of the amendment was to assist residents who wish to reconstruct a new home on their property, by allowing such residents to reduce or eliminate costs for things like temporary housing, relocation, and interim storage. 5. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying an interim use permit is limited to whether or not the proposed project meets the standards listed in the Zoning Ordinance. If it meets the specified standards, the City must then approve the interim use permit. File 2004142 Page 3 6. ANALYSIS OF REQUEST: The Plymouth Zoning Ordinance allows only one principal building on a single-family residential lot at one time. The exception to that regulation allows for construction of a new home on a lot prior to demolition of a previously existing home, provided an interim use permit is obtained. Without such an interim use permit, a homeowner would be required to remove their existing home from the site prior to being issued a building permit to commence construction of a new home on the site. As previously noted, the applicant is requesting approval of an interim use permit to allow him to temporarily reside in his existing home during construction of a new home on the site. Upon completion of the new home, the existing home would be removed from the site. The existing home is located in the rear portion of the lot, in a manner that would not interfere with construction of the proposed home in the front portion of the lot. Sewer and water lines for the existing home have been reviewed and, although the exact location of the water line still needs to be determined, it does not appear that the existing sewer or water lines would interfere with the location of the new home. The attached resolution includes a condition requiring that municipal services continue to be provided to the existing home during its temporary occupancy, while the new home is constructed. The proposed home would comply with the required development standards (e.g., setback, height, etc.) for the RSF-2 zoning district. The site is located within the Shoreland Overlay District for Medicine Lake. Consequently, the site is limited an impervious surface coverage of 25 percent. The lot currently has an impervious surface coverage of 8.6 percent. Upon construction of the new home and demolition of the existing home, the lot would have an impervious surface coverage of 14.6 percent. The increase is primarily due to the fact that the lot currently does not have a driveway or garage. Parking for this lot is presently provided on a small parking area located within the street right-of-way abutting the lot. Under the proposal, a driveway would be installed to provide access to a two - car garage that would be attached to the new home. The proposal would comply with the City's shoreland protection regulations. The interim use permit requirement enables the City to place specific timelines on the completion of a project. The City would impose timelines for completion of the new home, and for removal of the existing home. The attached resolution specifies that the new home must be completed within 180 days from the date the building permit is issued. That timeline is consistent with the term that a building permit is valid upon its issuance. The attached resolution also specifies that the existing home must be removed from the site within 30 days after the final building inspection is approved for the new home. That timeline would provide the homeowner with ample time to move their possessions into the new home and arrange for the removal of the existing home. The interim use permit requirement also enables the City to obtain whatever assurances are deemed necessary to ensure removal of the existing home within the specified timeline. In this File 2004142 Page 4 case, the City would impose a requirement that the homeowner provide a financial guarantee i.e., letter of credit or cash deposit) sufficient to cover the cost of the demolition, or that the homeowner enter into a contractual agreement with the City and provide evidence that the lender has withheld a dollar amount sufficient to cover the cost of demolition or other satisfactory instrument as determined by the City. The attached resolution addresses this matter. The City Council must review the interim use permit request for compliance with the general standards provided for a conditional use permit in Section 21015 of the Zoning Ordinance. A copy of the general standards is attached. The Planning Commission and staff used these standards to review the request, and have found that it meets the applicable standards. Specifically, the proposal 1) would be consistent with the Comprehensive Plan, 2) would not be detrimental to the public health, safety, morals or comfort, 3) would not be injurious to the use and enjoyment of other property in the area for the uses already permitted, nor substantially diminish or impair property values within the neighborhood, 4) would not impede the development or improvement of surrounding properties, and 5) would comply with the performance standards outlined in the Zoning Ordinance. 7. RECOMMENDATION: Community Development Department staff recommends approval of the interim use permit for William Hull, for property located at 12024-26`h Avenue, 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. Conditional Use Permit Standards 4. Location Map 5. Notification Area Map 6. Site Graphics 7. Resolution Approving Interim Use Permit Draft Planning Commission Minutes December 15, 2004 Page 3 B. WILLIAM HULL (2004142) Chair Larson introduced the request by Williarn Hull for an interim use permit to allow construction of a new home prior to demolition of an existing home, for property located at 12024 26`h Avenue North. Senior Planner Drill gave an overview of the December 7, 2004 staff report. Chair Larson introduced the applicant, Bill Hull, 12024 26th Avenue North. Mr. Hull said he agrees with the resolution, and stated he has escrowed $9,900 which would be the cost from his builder for the demolition and removal of the old house. He said he believes he has met all the terms of the Zoning Ordinance. Chair Larson opened and closed the public hearing. MOTION by Vice Chair Weir, seconded by Commissioner Griffith, to approve the request by William Hull for an interim use permit to allow construction of a new home prior to demolition of an existing home, for property located at 12024 26th Avenue North. Roll Call Vote. 5 Ayes. MOTION approved unanimously. Planning And Zoning Mlication Form NA (YAtivf 1 fL Extract of item# 7 "Brief Description Of Request") I have lived at the property at 12024 26'' Avenue North, Plymouth, Minnesota since 1978. It is my intent to replace the existing structure with a new house. There is sufficient space on the property to build the new structure in front of the existing building prior to demolition of the existing building. Being able to reside in the existing structure during construction would save approximately $20,000 to $30,000 in storage, relocation and temporary living costs thereby making the project economically possible. The construction of a new dwelling would take approximately 4 to 5 months. Once the building is complete and habitable, I would request issue of a thirty -day (60) temporary permit of habitation. I would then begin demolition of the existing structure and site restoration. I have secured sufficient financing that includes $9,900.00 dedicated to the demolition and back filling of the existing structure. The mortgage holder would hold these funds in reserve specifically for this use. To best of my knowledge this residential use conforms to all applicable standards of Section 21015 of the Zoning Ordinance and will have no direct effect on the use or enjoyment of surrounding properties and would ;increase their property value by enhancing the community with an improved dwelling. Issuance of this permit would not impose any unreasonable cost upon the City of Plymouth nor the public. The demolition, removal of debris and filling of the site would be completed prior to the expiration of the temporary habitation permit at which time this temporary usage permit would terminate. I agree to comply with any reasonable conditions the City Council deems appropriate in granting permission for this use. William T. Hull 12024 26'' Ave. No. Plymouth, MN 55441 763) 577 9023 77, r MN { 0200+ . TITLE PROTECTION, I December 7, 2004 Attn: Community Development Department- City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE: Funds for Demolition 12024 26th Avenue North Plymouth, MN 55441 a'O yiyz Title Protection, Inc. will be disbursing the construction loan for the above referenced property. The amount of $9,900 has been established as part of the project for demolition to be performed by Varr's Demolition. . A cash deposit of $30,000 for this project was received from Mr. Hull on November 191h, the date of closing for the Construction Loan. Of these funds, $9,900.00 will be held in escrow by Title Protection, Inc. until demolition has been completed. Sincerely, 01ex. Grundhoffer Title Protection, Inc. Vice -President 7 --- -- DEC ` 8 2W4 a Southgate Office Plaza • 5001 West 80th Street • Suite 255 • Bloomington, MN 55437 • Phone: (952) 943-1620 Fax: (952) 943-1601 visit us at www.titleprotection.com ZONING ORDINANCE CONDITIONAL USE PERNUT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty 60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors: 1. Compliance with and effect upon the Comprehensive Plan, including public facilities and capital improvement plans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 5. , Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015 -Plymouth Zoning Ordinance forms/cupsta) n 77, 0 0 a r v I . . LA -1.. 0... ...... .. ....... Op. .......... ......... v.... .......... C ij LA -1 26th Ave. NI. Site ZOO Ate— - LA -1 ....... ....... T ........... I I ... L Location Map - 2004142 William Hull 12024 26th Avenue North Request for an Interim Use Permit re N WE City of Plymouth, Minnesota S Land Use Guide Plan railroad C, Comercial CC, City Center CO, Commercial Office IP, Planned Industiral LA -1, Living Area 1 0 LA -2, Living Area 2 LA -3, Living Area E LA -4, Living Area 4 LAR, Living Area Rural P -I, Public/Semi-Public/Institutional 0 125 250 500 Feet NOTIFICATION AREA MAP v 28126.5 v 2 v 126.5 0 98) 1 (16)• w 59 41)3 5 Z 2120 126.5 27 126.5 v 150.9 17) 1626582 23-118-22-34 4'(18) 58 126.5 25 194.7 43) 6 9) '( 126.5126.5g57) z4 44) 7 g 21 08,3 271(388) 126.5 23 ` 126.5 45 8 126.5\' 22 2 126.5 56) 126.5 21 0 126.5 c t3Q° 46) io 1485 126.5 20 55 1865 i 19126.5 5 43 42 42 7 Y fit«, 77 18 17 16 54) 53) 52) 61 4 43 42 42 x y tta VALLEY 128.5 Sf '° 126.5 101) m 73_48 1 105 77 99)4/ ns 1 98) sus 3RD a1 5 3 z (97) n (80) ry0 r By n n s TRA/1, n`0°j a an 64) r 23-118-22-43 53.17 \ 0) til 3 4(65) 14" 6) ug233 +. 1 , U.. 8 w (39) 7 38) 64, X51) 38.59 117.69 3 50) i g 26.71 , 62.19 77. 6( 28 17(19)2 po fi z 20 3 4 ti O O 76) -_(104 INT N 26-118-22-21 2ss) ( 360 26-118-22-12 34) 105) (108m j,16) f p c m 22 - s 1109)(35) vox1.z+ e 16.56 23 36) n5 Parcel Information ti FP- Parcel G -- - r Parcel ID 2311822340074 Nouse Number 12024 Street Name 26TH AVE N, This is nota legally recorded map. It represents a compilation of int , ° ! ' ` f 4CUTH and data from City, County, and State road authorities and other so S 17056'57" W -' 9.50 I / T 7— LL ( r nT L L . -/ ! I71 f i fLI AdjacentI I- House T 4' O .y II I g6Qp 1 istinq House to be removed) 1 T g6°? ms 958.5) 9 i 9x959.3 (959) 00' g60' i scent House J 10.0 42.0 15.01 A g60 4 10.1 II PROPOSED o 1 HOUSE 0 957 l9 ° l / /- 1 -T— L rn I yeti 10.0 42.0 t415.0 952) 948) 5 7 1 955 Drive 129 1 G ftp i N 1 S ePs I( I 952) v 46 F• 94q O? j street easement 0 945) 136.17 9gzB 1S 8901 '36" E 9 g x 3640 k 9b 5 9A5 i 39 it A115. ra t ;ominous edge g I 26th AVENUE NORM TT CITY OF PLYMOUTH RESOLUTION 2004 - APPROVING INTERIM USE PERMIT FOR WILLIAM HULL TO ALLOW CONSTRUCTION OF A NEW HOME PRIOR TO REMOVAL OF AN EXISTING HOME, FOR PROPERTY LOCATED AT 12024 -26TH AVENUE NORTH (2004142) WHEREAS, William Hull has requested an interim use permit for property located at 12024- 26`h Avenue, legally described as follows: Lot 11 and 12, Block 1, ELMHURST LAKEVIEW, subject to a permanent easement for street purposes described as follows: commencing at the southwest corner of Lot 11, Block 1, ELMHURST LAKEVIEW, thence easterly to the southeast corner of said Lot 11; thence northwesterly the northeast line of said Lot 11, a distance of 10 feet; thence westerly to the point of beginning. WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by William Hull for an interim use permit to allow construction of a new home prior to removal of an existing home, for property located at 12024-26,`h Avenue North, subject to the following conditions: 1. This interim use permit allows the applicant to temporarily reside in the existing home during construction of a new home on the site, in accordance with the application and plans received by the City on November 10, 2004, except as may be amended by this resolution. 2. The building permit must be applied for and secured within 60 days of the date that this interim use permit is approved. Resolution 2004- 2004142) Page 2 3. The new home must be completed within 1810 days from the date the building permit is issued. 4. The existing (original) home must be removed from the site within 30 days after final building inspection approval is issued for the new home. Such removal work requires a separate building permit. 5. Prior to issuance of the building permit for the new home, the applicant shall provide the City with a financial guarantee (i.e., letter of credit or cash deposit) sufficient to cover the cost of the demolition, or the applicant shall enter into a contractual agreement with the City and provide evidence that the lender has withheld a dollar amount sufficient to cover the cost of demolition or other satisfactory instrument as determined by the City. 6. Municipal sewer and water service must continue to be provided to the existing home for the duration of its temporary occupancy. 7. This permit is subject to all applicable codes, regulations and ordinances, and violation thereof, or violation to the terms of this permit, shall be grounds for revocation. ADOPTED by the City Council on December 28, 2004. 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 December 28, 2004 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk DATE: December 17, 2004, for Council Meeting of December 28, 2004 TO: Laurie Ahrens, City Manager, through V(Anne Hurlburt, Director of Community Development FROM: Ross A. Beckwith, P.E., Assistant City Engineer 04 SUBJECT: ACCEPT PUBLIC IMPROVEMENTS FOR CONTINUAL MAINTENANCE ACTION REQUESTED: We have received requests from developers to accept public improvements for continual maintenance which reflects completed work in their developments. The City has made inspections of the work and I recommend that the attached resolutions be adopted. The developments are: 1. Killians Gate Addition (2002027) 2. Serenity on Hadley Lake (2002055) attachment: Resolution RESOLUTION NO.2004 - ACCEPTANCE OF STREETS AND UTILITES FOR CONTINUAL MAINTENANCE KILLIANS GATE ADDI17ION (2002027) WHEREAS, in accordance with the development contract dated July 10, 2002, Killians Gate, LLC, developer of Killians Gate Addition (2002027), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements are reduced as follows: That the required financial guarantee for the above items be reduced as detailed above from $55,197 to 10,864 to reflect the completed work. Letter of Credit No. 62 may be reduced accordingly. 0: \Engineering\DE V LMN TS\2002\2002027\Resol\FG2002027B. doc ORIGINAL CURRENT NEW ITEM A]VIOUNT AMOUNT AMOUNT Street Construction 44,207 8,841 0- Sanitary Sewer 40,986 8,197 0- Watermain 20,398 4,080 0- Storm Sewer 32,573 6,515 0- Boulevard and Drainage Swale Sod 1,900 1,900 1,000 Pond Construction 0- 0- 0- Mitigation Pond Construction 0- 0- 0- NURP Pond Construction 30,000 12,000 0- Street Signs (1 x 200) 200 200 0- Park and Trail Improvements 0- 0- 0- Site Grading and Drainage Improvements 30,498 6,100 2,500 Setting Iron Monuments 1,450 1,450 1,450 Design, Administration, Inspection, As- 24,265 5,914 5,914 Builts TOTAL 226,477 55,197 10,864 That the required financial guarantee for the above items be reduced as detailed above from $55,197 to 10,864 to reflect the completed work. Letter of Credit No. 62 may be reduced accordingly. 0: \Engineering\DE V LMN TS\2002\2002027\Resol\FG2002027B. doc RESOLUTION NO.2004- KILLIANS GATE ADDITION (2002027) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract remain as follows: ITEM Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning (see Grading Permit for Financial Guarantee Requirements) Cash: Financial Guarantee: ORIGINAL NEW AMOUNT AMOUNT 1,000 $ 1,000 3,500 $ 3,500 FURTHER BE IT RESOLVED that the utility construction including sanitary sewer, storm sewer and watermain is accepted for continual maintenance as of December 28, 2004 subject to the two-year guarantee by Northwest Asphalt, Inc. per maintenance Bond No.54-150594 issued by United Fire and Casualty Company. FURTHER BE IT RESOLVED that the street construction is accepted for continual maintenance as of December 28, 2004 subject to the one-year guarantee by Northwest Asphalt, Inc. per maintenance Bond No. 54-130713 issued by United Fire and Casualty Company. Adopted by the City Council on December 28, 2004. O:\Engineering\DE V LMNTS\2002\2002027\Resol\FG2002027 B. doc RESOLUTION NO. 2004 - ACCEPTANCE OF STREETS FOR CONTINUAL MAINTENANCE SERENITY ON HADLEY LAKE (2002055) WHEREAS, in accordance with the development contract dated October 28, 2002, Serenity Partners, LLC, developer of Serenity on Hadley Lake (2002055), has agreed to install certain improvements for said development; and WHEREAS, the developer has completed a portion of the street, utility and site grading as noted below; and WHEREAS, the developer has requested a reduction of the required financial guarantee to reflect the completed work; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA; that the financial guarantee requirements be reduced as follows: That the required financial guarantee for the above items be reduced as detailed above from $47,053 to 21,112 to reflect the completed work. Letter of Credit No. 65 may be reduced accordingly. O:\Engineering\DEV LMNTS\2002\2002055\Resol\FG2002055C. doc ORIGINAL CURRENT NEW ITEM AMOUNT AMOUNT AMOUNT Street Construction 103,308 20,662 0- Sanitary Sewer 74,626 0- 0- Watermain 59,619 0- 0- Storm Sewer 37,968 0- 0- Boulevard and Drainage Swale Sod 2,200 2,200 2,200 Rain Garden Construction 7,500 7,500 7,500 NURP Pond Construction 9,000 0- 0- Retaining Wall 10,170 0- 0- Street Signs (1 x 200) 200 0- 0- Park and Trail Improvements 0- 0- 0- Site Grading and Drainage Improvements 80,522 10,000 7,500 Setting Iron Monuments 1,650 1,650 1,650 Design, Administration, Inspection, As-Builts 46,41.2 5,041 2,262 TOTAL 433,1.75 47,053 21,112 That the required financial guarantee for the above items be reduced as detailed above from $47,053 to 21,112 to reflect the completed work. Letter of Credit No. 65 may be reduced accordingly. O:\Engineering\DEV LMNTS\2002\2002055\Resol\FG2002055C. doc RESOLUTION NO. 2004 - SERENITY ON HADLEY LAKE (2002055) Page Two FURTHER BE IT RESOLVED that the financial guarantee requirements for the following items per Section 8.1 of the approved development contract remain as follows: ITEM Maintenance of Erosion and Sediment Control Plan, Street Sweeping, and Storm Sewer Cleaning (see Grading Permit for Financial Guarantee Requirements) Cash: ORIGINAL CURRENT NEW AMOUNT AMOUNT AMOUNT 3,900 $ 3,900 $ 3,900 FURTHER BE IT RESOLVED that the street construction is accepted for continual maintenance as of December 28, 2004 subject to the one-year guarantee by Northwest Asphalt, Inc. per maintenance Bond No. 54-14320 issued by United Fire and Casualty Company. Adopted by the City Council on December 28, 2004. 0:\Engineering\DEVLMNTS\2002\2002055\Resol\FG2002055C doc Agenda Number o TO: Laurie Ahrens, City Manager FROM: Marie Darling, Senior Planner, through Anne Hburt, Community Development Director SUBJECT: Heritage Development of Minnesota. Request for a Modification to the Legal Description for a Final Plat and Development Contract for Plymouth Crossing” Located at the Southwest Corner of the Intersection of Schmidt Lake Road and Northwest Boulevard. (2004116F) DATE: December 17, 2004 for the City Council meeting of December 28, 2004 1. PROPOSED MOTION: Move to adopt the attached resolution revising Resolution 2004-514 which approved a final plat and development contract for Heritage Development of Minnesota for "Plymouth Crossing" located at the southwest corner of the intersection of Schmidt Lake Road and Northwest Boulevard. Approval of the modified resolutions requires a 4/7 vote of the City Council. 2. DESCRIPTION OF REQUEST: On December 14, 2004, the City Council granted approvals for a final plat and development contract for Heritage Development of Minnesota for "Plymouth Crossing". The legal description for the subject property submitted was incorrect and the resolution as adopted is not recordable. The legal description has been confirmed and is now listed in the attached revised resolution. The revision to the resolution is solely to correct the legal description and does not alter any condition of approval. 3. RECOMMENDATION: Community Development Department staff recommends approval of the revised resolution. ATTACHMENTS: 1. Location Map 2. Resolution 2004-514 3. Resolution replacing resolution 2004-514 Location Map - 2004116 Heritage Development of Minnesota Plymouth Crossing Southwest corner of Schmidt Lake Road and Northwest Boulevard Application for a Final Plat N ribotyW E of Plymouth, Minnesota g 0.05 0.1 0.2 0.3 0.4 Miles Land Use Guide Plan railroad C, Comercial CC, City Center CO, Commercial Office IP, Planned Industiral LA -1, Living Areal LA -2, Living Area 2 LA -3, Living Area E LA -4, Living Area 4 LAR, Living Area Rural P -I, Public/Semi-Public/Institutional CITY OF PLYMOUTH RESOLUTION 2004-514 APPROVING A FINAL PLAT FOR HERITAGE, DEVELOPMENT OF MINNESOTA FOR PLYMOUTH CROSSING", A 30 -UNIT, MULTIPLE -FAMILY DEVELOPMENT LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF SCHMIDT LAKE ROAD AND NORTHWEST BOULEVARD (2004116F) WHEREAS, Heritage Development of Minnesota. has requested approval of a final plat for Plymouth Crossing, a plat of three unit lots for 30 multiple -family dwellings, one common area lot and one outlot on a six -acre site located on the southwest corner of the intersection of Schmidt Lake Road and Northwest Boulevard; and WHEREAS, the property is legally described as follows: The north 7 acres of the northwest quarter of the southeast quarter, Section 10, Township 118, Range 22, Hennepin County, Minnesota, together with that part of vacated Medicine Lake Drive West accruing thereto. WHEREAS, the City staff has prepared a development contract covering the improvements related to said plat. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and. hereby does approve the request by Heritage Development of Minnesota for a final plat for Plymouth Crossing; 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. Resolution 2004-514 Final Plat (2004116F) Page 2 2. This final plat approves three unit lots for 30 multiple -family dwellings, one common area lot and one outlot, in accordance with the plans received by the City on November 24, 2004 and December 6 and 7, 2004, except as may be as amended by this Resolution. 3. Prior to recording the final plat, the applicant shall provide the City with copies of the homeowner's association (HOA) documents for the neighborhood. 4. Prior to recording the final plat, the developer shall pay the park dedication fees, pursuant to City Code at the time the final plat is approved, for the total number of units shown on the plans. 5. A trail shall be constructed across the entire property within the right-of-way for Schmidt Lake Road. 6. Prior to the issuance of building permits, the applicant shall revise the landscaping plan to indicate that sod will be installed adjacent to the trail in the Schmidt Lake Road right-of-way. 7. Prior to the issuance of building permits, the applicant shall record covenants against the property which require 20 percent of the units to be affordable and remain affordable as determined by the regional guideline for a period not less than 20 years. 8. Prior to issuance of building permits, the applicant shall submit fixture details for the light fixtures installed over the garage doors. These fixtures shall be fully shielded. 9. Development standards shall be as required by the RMF -3 district. No variances are granted or implied, with the exception of those approved. by the City Council by separate resolution. 10. The HOA shall be responsible for maintenance of the signs, plantings, mailboxes, monument signs, sidewalks, retaining walls, wetland buffers and all common areas within this development. The HOA documents shall include language to address maintenance of these features. The documents shall also include prohibitions on the storage of recreational vehicles and equipment in any of the parking spaces (interior or exterior) on the property. 11. Engineering conditions: a. Prior to recording the final plat, the applicant shall provide a trail easement along Schmidt Lake Road and Northwest Boulevard so there is a minimum of four feet between the edge of the trail and the easement or right-of-way line. b. Prior to the issuance of any permits, the applicant shall submit copies of the required permits from Hennepin County, MPCA, Minnesota Department of Health, Shingle Creek Watershed Management Commission and NPDES. c. The minimum floor elevations for Lots 1 and 2, Block 1 shall be 942.8 and Lot 3, Block 1 shall be 943. d. Prior to issuance of any permits, the applicant shall revise the plans as follows: Resolution 2004-514 Final Plat (2004116F) Page 3 i. Note which utilities are public and private on all utility plans. ii. Reduce the easement to 10 feet north of the street right of way at the southwest corner of lot 2. iii. Resolve the discrepancy between the high point location on Underwood Lane at station 2+84.08 which does not match the high point location constructed by Wynfield Place. iv. Show a rip rap emergency overflow for the NURP Pond from the Emergency Overflow Swale of 937.8 to 932.0. Revise detail 5 on C3.2 to reflect change. Show rip rap class, quantity, and filter fabric. V. Drain tile extending east from Lot 3 must extend down to the toe of the slope. vi. Connect the roof drainage for Lot 3 into the storm sewer. vii. Demonstrate that the drain tile is adequate to convey the combined flow from the foundation and roof drains. viii. Show where the drain tile for the Lott 2 mechanical room discharges. If connected to the storm sewer it must discharge downstream from the high point in the private drive to Lot 3. ix. Show a 15 -foot wide access to the NURP pond that does not exceed 15%. No trees or plantings are allowed in this area. Revise the landscaping plan as necessary to comply. X. Revise the landscape plan to remove all trees and plantings from 10 feet on each side of public underground utilities and relocate to approved locations. xi. Show all public trail pedestrian ramps on plans. xii. Drain tile extending east from Lot 3 must extend to the toe of slope. e. The developer is responsible for the cost and installation of the necessary public and private traffic and street signs. f The watermain extension from the watermain in Wynfield Place to Schmidt Lake Road will be public along with the watermian parallel to Schmidt Lake Road. g. Prior to the issuance of any permits, the applicant shall provide a separate plan sheet and profile for the public watermain. h. Prior to the issuance of any permits, a separate encroachment agreement is required for the stairs, retaining walls, and all other appurtenances that are not part of the public infrastructure but lie within the utility and drainage easements within the plat boundary. i. A fence is required on top of all retaining walls that are four feet high or greater. 12. Fire Prevention Conditions: a. Fire apparatus access roads (fire lanes) shall be designed and maintained to a minimum seven -ton driving capacity. b. Prior to issuance of building permits, the fire lane signs shall be relocated to approved locations. c. Prior to issuance of any utility or building permits relocate the fire hydrant between Buildings A and B to an approved location on the west side of the entry drive to the garage areas. Resolution 2004-514 Final Plat (2004116F) Page 4 d. Prior to issuance of building permits, the applicant shall revise the plans to relocate the fire department connection on 1) Buildings B and C to an approved location on the west sides of each building and 2) Building A to an approved location on the east side of the building. e. All exterior storage and dumpster locations a minimum of five feet from combustible walls, openings in walls and combustible roof eave lines. i All buildings shall be protected by a City approved NFPA 13 fire sprinkler system. All areas of each building shall be protected, including, but not limited to, the attics and parking garages. g. Each building fire sprinkler system must be monitored by a UL central station with a UL Certificate on the system. The post indicator valve, the system flow switches, and all system control valves must be monitored by a UL central station. h. An approved solenoid device is required to be connected between the building fire sprinkler system and the building/site domestic water supply if a combination fire and domestic water supply line is used. i. A City -approved Plymouth Fire Department lockbox shall be installed in an approved location on each building. j. Prior to final building approval, the applicant shall submit an approved reproducible 81/2 inch by 11 inch site/building as -built fire protection plan and an approved building floor plan to the fire inspector. 13. Standard Conditions: a. Removal of all hazardous trees from the property at the owner's expense. b. No building permits shall be issued until the wetland buffer monuments have been installed and inspected. c. Prior to issuance of a grading permit, the tree preservation fencing shall be installed and inspected and the required financial guarantee shall be submitted. d. Removal of hazardous trees from the property at the owner's expense. e. No building permits shall be issued until a contract has been awarded for sewer and water. f. With the exception of a model home, no building permits shall be issued until the final plat, the approving resolution, affordability covenant, development contract, easements, maintenance agreements, and HOA documents are filed and recorded with Hennepin County and proof of recording is received by the City. g. Streets names shall comply with the City Street Naming System. h. Signs shall require separate permits prior to installation. i. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. j. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. k. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. Resolution 2004-514 Final Plat (2004116F) Page 5 Approved by the City Council on December 14, 2004. 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 December 14, 2004, 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 2004 - REVISING RESOLUTION 2004-514 APPROVING A FINAL PLAT FOR HERITAGE DEVELOPMENT OF MINNESOTA FOR "PLYMOUTH CROSSING", A 30 -UNIT, MULTIPLE -FAMILY DEVELOPMENT LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF SCHMIDT LAKE ROAD AND NORTHWEST BOULEVARD 2004116F) WHEREAS, Heritage Development of Minnesota has requested approval of a final plat for Plymouth Crossing, a plat of three unit lots for 30 multiple -family dwellings, one common area lot and one outlot on a six -acre site located on the southwest corner of the intersection of Schmidt Lake Road and Northwest Boulevard; and WHEREAS, the property is legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 1.0, Township 11$ Range 22..Hennepin County Minnesota lying; northerly of the north line of the plat of Wynfield Place and its westerly extension. Subject to Schmidt Lake Road and Northwest Boulevard. WHEREAS, the City staff has prepared a development contract covering the improvements related to said plat. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Heritage Development of Minnesota for a final plat for Plymouth Crossing; Resolution 2004 - Final Plat (2004116F) Page 2 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 three unit lots for 30 multiple -family dwellings, one common area lot and one outlot, in accordance with the plans received by the City on November 24, 2004 and December 6 and 7, 2004, except as may be as amended by this Resolution. 3. Prior to recording the final plat, the applicant shall provide the City with copies of the homeowner's association (HOA) documents for the neighborhood. 4. Prior to recording the final plat, the developer shall pay the park dedication fees, pursuant to City Code at the time the final plat is approved, for the total number of units shown on the plans. 5. A trail shall be constructed across the entire property within the right-of-way for Schmidt Lake Road. 6. Prior to the issuance of building permits, the applicant shall revise the landscaping plan to indicate that sod will be installed adjacent to the trail in the Schmidt Lake Road right-of-way. 7. Prior to the issuance of building permits, the applicant shall record covenants against the property which require 20 percent of the units to be affordable and remain affordable as determined by the regional guideline for a period not less than 20 years. 8. Prior to issuance of building permits, the applicant shall submit fixture details for the light fixtures installed over the garage doors. These fixtures shall be fully shielded. 9. Development standards shall be as required by the RMF -3 district. No variances are granted or implied, with the exception of those approved by the City Council by separate resolution. 10. The HOA shall be responsible for maintenance of the signs, plantings, mailboxes, monument signs, sidewalks, retaining walls, wetland buffers and all common areas within this development. The HOA documents shall include language to address maintenance of these features. The documents shall also include prohibitions on the storage of recreational vehicles and equipment in any of the parking spaces (interior or exterior) on the property. 11. Engineering conditions: a. Prior to recording the final plat, the applicant shall provide a trail easement along Schmidt Lake Road and Northwest Boulevard so there is a minimum of four feet between the edge of the trail and the easement or right-of-way line. Resolution 2004 - Final Plat (2004116F) Page 3 b. Prior to the issuance of any permits, the applicant shall submit copies of the required permits from Hennepin County, MPGA, Minnesota Department of Health, Shingle Creek Watershed Management Commission and NPDES. c. The minimum floor elevations for Lots 1 and 2, Block 1 shall be 942.8 and Lot 3, Block 1 shall be 943. d. Prior to issuance of any permits, the applicant shall revise the plans as follows: i. Note which utilities are public and private on all utility plans. ii. Reduce the easement to 10 feet north of the street right of way at the southwest corner of lot 2. iii. Resolve the discrepancy between the; high point location on Underwood Lane at station 2+84.08 which does not match the high point location constructed by Wynfield Place. iv. Show a rip rap emergency overflow for the NURP Pond from the Emergency Overflow Swale of 937.8 to 932.0. Revise detail 5 on C3.2 to reflect change. Show rip rap class, quantity, and filter fabric. V. Drain tile extending east from Lot 3 must extend down to the toe of the slope. Vi. Connect the roof drainage for Lot 3 into the storm sewer. vii. Demonstrate that the drain tile is adequate to convey the combined flow from the foundation and roof drains. viii. Show where the drain tile for the Lot 2 mechanical room discharges. If connected to the storm sewer it must discharge downstream from the high point in the private drive to Lot 3. ix. Show a 15 -foot wide access to the NURP pond that does not exceed 15%. No trees or plantings are allowed in this area. Revise the landscaping plan as necessary to comply. X. Revise the landscape plan to remove; all trees and plantings from 10 feet on each side of public underground utilities and relocate to approved locations. xi. Show all public trail pedestrian ramps on plans. xii. Drain tile extending east from Lot 3 must extend to the toe of slope. e. The developer is responsible for the cost and installation of the necessary public and private traffic and street signs. f. The watermain extension from the watermain in Wynfield Place to Schmidt Lake Road will be public along with the watermian parallel to Schmidt Lake Road. g. Prior to the issuance of any permits, the applicant shall provide a separate plan sheet and profile for the public watermain. h. Prior to the issuance of any permits, a separate encroachment agreement is required for the stairs, retaining walls, and all other appurtenances that are not part of the public infrastructure but lie within the utility and drainage easements within the plat boundary. i. A fence is required on top of all retaining walls that are four feet high or greater. 12. Fire Prevention Conditions: a. Fire apparatus access roads (fire lanes) shall be designed and maintained to a minimum seven -ton driving capacity. Resolution 2004 - Final Plat (2004116F) Page 4 b. Prior to issuance of building permits, the fire lane signs shall be relocated to approved locations. c. Prior to issuance of any utility or building permits relocate the fire hydrant between Buildings A and B to an approved location on the west side of the entry drive to the garage areas. d. Prior to issuance of building permits, the applicant shall revise the plans to relocate the fire department connection on 1) Buildings B and C to an approved location on the west sides of each building and 2) Building A to an approved location on the east side of the building. e. All exterior storage and dumpster locations a minimum of five feet from combustible walls, openings in walls and combustible roof eave lines. f All buildings shall be protected by a City approved NFPA 13 fire sprinkler system. All areas of each building shall be protected, including, but not limited to, the attics and parking garages. g. Each building fire sprinkler system must be monitored by a UL central station with a UL Certificate on the system. The post indicator valve, the system flow switches, and all system control valves must be monitored by a UL central station. h. An approved solenoid device is required to be connected between the building fire sprinkler system and the building/site domestic water supply if a combination fire and domestic water supply line is used. i. A City -approved Plymouth Fire Department lockbox shall be installed in an approved location on each building. j. Prior to final building approval, the applicant shall submit an approved reproducible 8'/2 inch by 11 inch site/building as -built fire protection plan and an approved building floor plan to the fire inspector. 13. Standard Conditions: a. Removal of all hazardous trees from the property at the owner's expense. b. No building permits shall be issued until the wetland buffer monuments have been installed and inspected. c. Prior to issuance of a grading permit, the tree preservation fencing shall be installed and inspected and the required financial guarantee shall be submitted. d. Removal of hazardous trees from the properly at the owner's expense. e. No building permits shall be issued until a contract has been awarded for sewer and water. f. With the exception of a model home, no building permits shall be issued until the final plat, the approving resolution, affordability covenant, development contract, easements, maintenance agreements, and HOA documents are filed and recorded with Hennepin County and proof of recording is received by the City. g. Streets names shall comply with the City Street Naming System. h. Signs shall require separate permits prior to :installation. i. Any subsequent phases or expansions are subject to required reviews and approvals per Ordinance provisions. Resolution 2004 - Final Plat (2004116F) Page 5 J. The permit is subject to all applicable codes, regulations and ordinances, and violation thereof shall be grounds for revocation. k. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new structures on sites adjacent to, or containing any open storm water drainage facility. Approved by the City Council on December 28, 2004. 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 December 28, 2004, 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: 610bli TO: Mayor and City Council FROM: Jeanette Sobania, Human Resources Manager SUBJECT: SETTLEMENT OF LABOR CONTRACT AND ASSOCIATED LETTER OF AGREEMENT WITH AFSCME COUNCIL 5, LOCAL 3445, WHICH REPRESENTS PLYMOUTH MAINTENANCE EMPLOYEES DATE: December 28, 2004 1. ACTION REQUESTED: Adopt the attached resolution approving the 2005-2006 labor agreement and letter of agreement regarding compensatory time with AFSCME Council 5, Local 3445 representing the Plymouth maintenance employees. 2. BACKGROUND: The City and the maintenance unit had a two-year agreement for 2003- 2004. The bargaining teams have been meeting since September. On December 7th we came to a tentative agreement. The bargaining unit ratified the agreement on December 14tH 3. DISCUSSION: The 2005-2006 labor agreement provides the following changes: Wages January, 2005 2% increase July, 2005 1% increase January, 2006 3% increase This increase is what was allocated in the 2005 budget. The parties also agreed that the City could hire an employee at any of the first three steps of the range based on qualifications. Health Insurance 2005 Employer will pay an additional $27/month toward family health insurance and VEBA trust fund. This represents a total of $687/month for those selecting family coverage. LABOR CONTRACT WITH AFSCME COUNCIL LOCAL 3445 December 28, 2004 Page 2 Employer will provide single health and dental coverage and pay $160 per month to deferred compensation and $93 per month to the VEBA trust. 2006 Employer will pay $687 plus half the cost of the increase of the average of the two plans (this sum will be allocated to the premium and contribution to the VEBA trust). Employer will provide single coverage and pay the above amounts plus the difference between the increase in family coverage and the increased cost of single coverage The maintenance bargaining unit opted to enroll exclusively in the major medical with VEBA trust (VEBA plan). By that choice, the cost of the premium for every person in the City who selected that option was reduced by 5%. The City Manager authorized me to tell each unit that had an open contract (maintenance, police and clerical technical professional) that the City would reward the first unit that committed to the VEBA plan exclusively. The maintenance unit was the first to do so, therefore, the City will provide an additional 75/month for those selecting family coverage and $55/month for those selecting single coverage for 2005. The unit has determined how the allotment will be apportioned between premium and VEBA trust. Seasonal and temporary employees The parties agreed on a wage schedule for seven-month seasonal employees and an increase on the wage schedule for ice arena employees. Both mirror or are lower than the settlement for regular employees. The City agreed to pay holiday pay for three holidays to seven month seasonal employees who meet certain criteria. The union agreed to increase the number of seasonals the City can employ from 20 to 22. Funeral leave The parties agreed to expand the definition of "immediate family" to include step siblings, parents and children. We also agreed to extend the benefit to probationary employees. Amendment to the letter of agreement regarding compensatory time off LABOR CONTRACT WITH AFSCME COUNCIL LOCAL 3445 December 28, 2004 Page 3 The new maximum comp time accrual will be 56 hours (up from 48 hours). The usage will continue to be limited to 40 hours per calendar year with a maximum of 24 hours to be used consecutively. We have also agreed that if an employee meets the criteria for using extended illness leave he/she may use another 56 hours to cover the time before qualifying for extended illness leave. At the end of the calendar year any time over 40 hours will be paid. 4. BUDGET IMPACT: The agreement is within the established parameters set by Council in the 2005 budget. 5. RECOMMENDATION: We believe the proposed labor agreement represents an equitable compromise. The maintenance unit voted in favor of this proposed contract on December 14, 2004. We recommend approval of the labor agreement by adoption of the attached resolution. CITY OF PLYMOUTH RESOLUTION NO. APPROVING THE LABOR AGREEMENT AND ASSOCIATED LETTER OF AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND MAINTENANCE EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 5 FOR THE CALENDAR YEARS 2005 THROUGH 2006 WHEREAS, representatives of the City of Plymouth and AFSCME, representing Plymouth maintenance employees, have met to negotiate a labor contract in accordance with the Public Employee Labor Relations Act; and WHEREAS, the City Manager has reported an agreement has been reached for the period of January 1, 2005 through December 31, 2006. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the labor agreement and letter of agreement regarding compensatory time between the City of Plymouth and AFSCME Council 14, for the period of January 1, 2005 through December 31, 2006; and FURTHER, that the Mayor and City Manager are authorized to execute the agreement. Adopted by the City Council on Agenda Number: b, O(J. t , TO: Mayor and City Council FROM: Jeanette Sobania, Human Resources Manager SUBJECT: SETTLEMENT OF LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES (LELS), LOCAL 18, WHICH REPRESENTS PLYMOUTH POLICE OFFICERS DATE: December 28, 2004 1. ACTION REQUESTED: Adopt the attached resolution approving the 2005-2007 labor agreement with Law Enforcement Labor Services (LELS), Local 18, representing the Plymouth Police Officers. 2. BACKGROUND: The City and LELS had a two year agreement for 2003-2004. The parties have been meeting since October to negotiate a 2005-2007 agreement. We reached a tentative agreement on December 6`h and the bargaining unit ratified the agreement on December 9th. 3. DISCUSSION: The 2005-2007 agreement provides changes to the following: Health Care Our health care provider notified us that effective January 1, the total premium for family coverage will be raised by approximately 6.7 %. The union agreed to allow its members to select either the Triple Gold or the major medical with VEBA option. The premium cost depends on the coverage chosen. The City will pay $687 (an additional $44 per month) toward the premium (or toward premium and VEBA contribution). In 2006 the City will contribute $687 plus half the cost of the increase; of the average of the two plans. In 2007 the City will contribute the 2006 amount plus half the increase in the lowest cost plan. The City pays the entire cost of health and dental coverage for those who select single coverage. Employees who select single health coverage (Triple Gold) will also be eligible for a City contribution to deferred compensation of $197.53 per month in 2005. In 2006 and 2007 this amount will be increased by the difference between the increase in the City contribution to family coverage and the increased cost of single health coverage. Labor Contract with LELS Local 18 Police Officers December 28, 2004 Employees who select single health coverage (major medical with VEBA) will receive a City contribution to the VEBA of $253 in 2005. The additional $55 represents the savings to the City on the premium for this insurance. This amount will be increased by the same formula as stated above for 2006 and 2007. Employees who opt to waive health coverage because they are covered by another group plan will receive the amount given to those who select the major medical insurance but it will be contributed to deferred compensation. Wages The City agreed to the following wage package: January 2005 2.00% increase July 2005 1.00% increase + $20.50/month each step adjustment January 2006 3.00% increase + adjustments to starting step through four-year step, adjust 10 year step to 9 year step, additional 15 -year step at 1.00% January 2007 2.00% increase July 2007 1.25% increase Market adjustments were needed to police salaries. The additional cost of accelerating the steps in 2005 and 2006 will be about 1.5 percent over the life of the contract. Adding the 20.50 in 2005 (approximately a 0.4 percent increase), adjusting the one to four-year steps 0.7 percent increase) and a 1% increase in wages after 15 years increases the officers' life time earnings and addresses the points in our range where we have fallen furthest behind the market. The union's initial demand was for a 6 '/z percent cost of living and market adjustment in 2005. By addressing particular points in the wage structure and delaying most of the adjustments until the second year we were able to accomplish some of the union's goals and still have a relatively affordable contract. The City's goal was to get a fair market increase and to maintain a competitive salary throughout the officers' careers. We believe we have accomplished both goals and that the City will save money by attracting and maintaining quality officers. Long term disability (LTD) insurance premiums The parties also agreed that the City will increase wages by one cent per hour to cover the cost of a higher LTD benefit. The coverage will be raised to 66 2/3 of salary or $4000. This change insures an adequate benefit to employees if they ever need LTD. Uniform allowance Labor Contract with LELS Local 18 Police Officers December 28, 2004 The City's contribution increases by $20 per year with an agreement to reopen at the end of 2005 to discuss the possibility of converting to a system of providing uniforms and certain gear to officers, known as a company store. Management is proposing this change. The current City contribution is $740 per year. Premim pay for Christmas The City agreed to increase the number of hours during which premium pay for holidays was effective. The current language provides that officers working during the period 4 p.m. Christmas Eve to 4 p.m. Christmas Day receive holiday premium. The new language provides this additional pay until midnight Christmas Day. Leave An additional 4 hours of vacation will be accrued. The officers agreed to convert floating holidays(16 hours) to 20 hours of vacation. Vacation is accrued, floating holidays were available immediately on the first of the year. The City agreed to allow officers to use up to 120 hours of sick leave to take time off after the birth or adoption of a child. This time will be granted only if the officer takes an equal amount of vacation time and notifies the City of his intention before the leave is taken. Pay for court appearance The current minimum for a court appearance: during scheduled time off was 4 hours of straight time pay. The parties agreed to pay for 3 hours at time and one half (4.5 hours). Pay during leave for an on -duty injury The parties agreed to reduce the waiting period for injury on duty pay from 80 to 40 hours and to increase the number of days for which an officer could be compensated from 84 to 105 days. This pay is over and above an officer's eligibility to use workers compensation for such an injury. 4. BUDGET IMPACT: The agreement is within the established parameters set by Council in the 2005 budget. 5. RECOMMENDATION: I believe the proposed labor agreement represents an equitable compromise. The unit voted in favor of this proposal on December 9, 2004. I recommend approval of the labor agreeement by adoption of the attached resolution. CITY OF PLYMOUTH RESOLUTION NO. - APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND LAW ENFORCEMENT LABOR SERVICES LELS) REPRESENTING PLYMOUTH POLICE OFFICERS FOR CALENDAR YEARS 2005-2007 WHEREAS, representatives of the City of Plymouth and LELS, representing Plymouth police officers, have met to negotiate a labor contract in accordance with the Public Employee Labor Relations Act; and WHEREAS, the City Manager has reported an agreement has been reached for the period of January 1, 2005 through December 31, 2007. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should, and hereby does, approve the labor agreement between the City of Plymouth and LELS, for the period of January 1, 2005 through December 31, 2007; and FURTHER, that the Mayor and City Manager are authorized to execute the agreement. Adopted by the City Council on R Agenda Number: TO: Mayor and City Council FROM: Jeanette Sobania, Human Resources Manager SUBJECT: SETTLEMENT OF LABOR CONTRACT WITH AFSCME COUNCIL 5, LOCAL 3839, WHICH REPRESENTS PLYMOUTH CLERICAL TECHNICAL PROFESSIONAL EMPLOYEES DATE: December 28, 2004 1. ACTION REQUESTED: Adopt the attached resolution approving the 2005-2006 labor agreement with AFSCME Council 5, Local 3831) representing the Plymouth clerical technical and professional (CTP) employees. 2. BACKGROUND: The City and the CTP unit had a two-year agreement for 2003-2004. The bargaining teams have been meeting since September. On December 8, on the request of the union, the City tendered its final offer. The bargaining team recommended to the membership that it reject the City's proposal. On December 15, the membership voted to accept the offer. 3. DISCUSSION: The 2005-2006 labor agreement provides the following economic changes: Wages January, 2005 2% increase July, 2005 1% increase 2006 3% increase Health Insurance Our health care provider notified us that effective January 1, the total premium for family coverage will be raised by approximately 6.7 %. The union agreed to allow its members to select either the Triple Gold or the major medical with VEBA option. The premium cost depends on the coverage chosen. The City will pay $687 (an additional $3 per month) toward the premium (or toward premium and VEBA contribution). In 2006 the City will contribute $687 plus half the cost of the increase of the average of the two plans. LABOR CONTRACT WITH AFSCME LOCAL 3,839 December 28, 2004 Page 2 The City pays the entire cost of health and dental coverage for those who select single coverage. Employees who select single health coverage (Triple Gold) will also be eligible for a City contribution to deferred compensation of $197.53 per month in 2005. In 2006, this amount will be increased by the difference between the increase in the City contribution to family coverage and the increased cost of' single health coverage. Employees who select single health coverage (major medical with VEBA) will receive a City contribution to the VEBA of $253 in 2005. The additional $55 represents the savings to the City on the premium for this insurance. This amount will be increased by the same formula as stated above for 2006. Employees who opt to waive health coverage because they are covered by another group plan will receive the amount given to those who select the major medical insurance but it will be contributed to deferred compensation. Funeral leave The parties agreed to expand the definition of "immediate family" to include step siblings, parents and children. We also agreed to extend the benefit to probationary employees. Market/classification issues The Engineering Technician, Water Resources Technician and Senior Planner positions are being reviewed for possible adjustments. These studies will not be completed until early 2005. Any adjustments that are required will be finalized before the contract is signed. Any costs will be within the amount allotted for classification changes. 4. BUDGET IMPACT: The agreement is within the established parameters set by Council in the 2005 budget. 5. RECOMMENDATION: We believe the proposed labor agreement represents a fair agreement. The CTP unit voted in favor of this proposed contract on December 15, 2004. We recommend approval of the labor agreement by adoption of the attached resolution. CITY OF PLYMOUTH RESOLUTION NO. APPROVING THE LABOR AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND CLERICAL, TECHNICAL AND PROFESSIONAL EMPLOYEES REPRESENTED BY AFSCME, COUNCIL 5 FOR THE CALENDAR YEARS 2005 AND 2006 WHEREAS, representatives of the City of Plymouth and AFSCME, representing Plymouth clerical, technical and professional employees, have met to negotiate a labor contract in accordance with the Public Employee Labor Relations Act; and WHEREAS, the City Manager has reported an agreement has been reached for the period of January 1, 2005 through December 31, 2006. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the labor agreement between the City of Plymouth and AFSCME Council 14, for the period of January 1, 2005 through December 31, 2006; and FURTHER, that the Mayor and City Manager are authorized to execute the agreement. Adopted by the City Council on Agenda Number:6 •Q TO: Mayor & City Council FROM: Jeanette Sobania, Human Resources Manager DATE: December 28, 2004 SUBJECT: Revisions to the Personnel Policy 1. ACTION REQUESTED: Approval of the attached resolution which provides for revisions to the City Personnel Policy. 2. BACKGROUND/DISCUSSION: Staff is recommending amendments to several sections of the Personnel Policy. The affected sections are provided in legislative format for your review. Other minor clerical changes will be made to accommodate these sections or to correct clerical errors. Probationary period Section 2.2 of the Personnel Policy sets the length of the probationary period served by non - represented employees. The current probationary period for non public safety personnel is six months. After discussion with the City Manager, staff is recommending that the probationary period for non-public safety personnel be lengthened to one year. Probationary periods have not been reviewed. in the past 15 years. We proposed to the bargaining units that the contracts be changed to provide for a one year probationary period. We met with little interest. We do feel that the supervisory and managerial staff take longer to learn all the aspects of their positions and be exposed to the full cycle of their responsibilities. We believe they, and we, should have the opportunity to make sure that they can fulfill all the duties of their position. Funeral leave Section 3-6 of the Personnel Policy provides ]or paid leave to attend the funerals of family members. We are changing the language in both the maintenance and clerical technical professional contracts. To be consistent we are; recommending the same changes for the non - represented employees. The change allows us to grant leave to probationary employees and adds step parents, siblings and children to the list of those whose funerals can be attended. Revisions to the City's Personnel Policy December 28, 2004 Page 2 Tuition reimbursement Section 3-17 of the Personnel Policy provides for Tuition Reimbursement. The amount per credit hour has not been changed for several years. During that time the actual cost of tuition has been rising dramatically. Staff is proposing to amend the amount per credit hour to $200. After a number of years of administering the program our experience has been that few people take advantage of the program but do so intensely while acquiring a degree. At the same time, the total demands on the program are requiring that we limit the total amount paid to any individual. The new language provides for flexibility in how the total budgeted amount is distributed. If we find we need significantly more money to fund the program we will make a request to do so in subsequent budget cycles. Conduct/No smoking Section 4 of the Personnel Policy sets forth the code of conduct for City employees. Staff is proposing adding two new sections. One dealing with the our expectations of conduct when employees can be identified by the public as City employees. The second is a smoking ban that has been in place for many years. Its proper location is the Personnel Policy. 3. BUDGET IMPACT: The changes to policy have no direct economic impact. 4. RECOMMENDATION: Approve the attached resolution amending the Personnel Policy. SECTION 2-2 PROBATIONARY PERIODS Sec. 2-2.1 Objective: The probationary or working test period shall be regarded as an integral part of the selection process and shall be utilized by supervisors for closely observing the employee's work. Performance, skills and ability demonstrated during the probationary period shall be evaluated by the supervisor to recommend or deny regular appointment and merit compensation increases. Sec. 2-2.2 Duration: Every person appointed to a position, including promotional positions, shall be required to successfully complete a working test or probationary period. The probationary period shall be a minimum of twelve (12) months which may be extended in certain circumstances to enable the immediate supervisor- to observe the employees' ability to perform the duties of the position.-ob *ionar-y period shall begin i ,,,ediate!5 belev See. 2 2.21 All houfly, s.,lafie ,-,.1 ,rien,isvi- e-lassifieations, except "p'A'bne safety SECTION 3-6 FUNERAL LEAVE Sec. 3-6.1 Funeral leave may be granted to probationary or regular full time City employees by the employee's immediate supervisor. To be eligible for funeral leave an employee must furnish adequate proof that a death has occurred with the employee's immediate family. Sec. 3-6.2 The term "immediate family" shall include the spouse, domestic partner, mothe ei, parents, step-parents, child, step -child Or grandchild, step grandchild, kether-,-sister siblings and step -siblings of the employee, or grandparents of the employee or spouse, mother-in-law or father-in-law. Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. Sec. 3-6.3 A "domestic partner" must be registered with the Human Resources Manager prior to the use of requested leave. Registration is by signed affidavit of the employee and the domestic partner. Sec. 3-6.4 Paid funeral leave may be granted for one, two or three work days where the supervisor concludes such leave is warranted provided that no more than three days (24 hours) of paid funeral leave per calendar year shall be allowed. The immediate supervisor shall grant or deny such requests and maintain records of funeral leave granted. 1/05 SECTION 3-17 Sec. 3-17.1 TUITION REIMBURSEMENT/EDUCATIONAL ASSISTANCE The City encourages its employees to enroll in job related educational programs, and may provide support through tuition reimbursement. Sec. 3-17.2 Any regular employee who works more than 20 hours per week or any non - probationary paid on call firefighter shall be eligible for tuition reimbursement/educational assistance. Sec. 3-17.3 Reimbursement for a specific course shall be limited to the actual tuition paid or to Q' $200 per semester credit, whichever is less. Reimbursement shall be made only for tuition. Any other fees or costs, including the cost of books, are the responsibility of the employee. Sec. 3-17.4 In order for a class to qualify for reimbursement, the following conditions must be met: 1) The class must be job related. 2) The class must be taken from an accredited institution of higher learning or vocational/technical school. 3) The class must be approved by the department director and the Human Resource Manager prior to enrollment. 4) The employee must receive a passing grade (C or equivalent) in order to receive reimbursement. 5) The employee must complete a Tuition Reimbursement Form, and provide a brief course outline. 6) After the class has been completed, the employee must provide a photocopy of the grade sheet and the original receipt for tuition. 7) The employee must: remain with the City for one year after completing the class, or reimburse the City the amount it provided for any class taken in the previous one year period. Sec. 3-17.5 If the employee has declared he/she is pursuing a job related degree, the City may provide financial support for any course required for the degree. The employee must provide a plan which describes the course of study and requirements for the degree. Sec. 3-17.5 No reimbursement will be made for a course for which the employee receives reimbursement from another source. Sec. 3-17.6 The City reserves the right to limit the total ear-ee annual reimbursement for any employee. Sec. 3-17.7. The City will fund this program to the best of it ability. However, if the requests for reimbursement exceed the amount budgeted, maker requests for reimbursement will be dexi-ec1 distributed on a basis determined by the City Manager. NEW SECTION: CONDUCT WHILE WEARING CITY OF PLYMOUTH CLOTHING The City of Plymouth provides uniforms to certain City employees. It is the expectation of the City that employees will not typically wear this attire while off duty. When clothing that identifies someone as a City employee is worn either on or off duty the City expects appropriate conduct. NEW SECTION: SMOKING There shall be no smoking in any City building or vehicle at any time. Employees who smoke should remain at least 10 feet from doors, to buildings and should place cigarette butts in appropriate trash containers. CITY OF PLYMOUTH RESOLUTION NO. APPROVING AMENDMENTS TO THE PERSONNEL POLICY WHEREAS, City staff periodically reviews the Personnel Policy and recommends changes to update the policy to reflect current employment and compensation practices; and WHEREAS, the City Manager has recommended that probation be lengthened, the tuition reimbursement policy be updated, the funeral leave policy be broadened, that a code of conduct while wearing City issued clothing be added and that the smoking policy be included; and WHEREAS, other minor clerical and ordering changes are required; NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Plymouth, Minnesota, that it should and hereby does approve amendments to the Personnel Policy in several articles thereof, providing for the changes reflected in the attached revised articles and any clerical or ordering changes necessary for publication, BE IT FURTHER RESOLVED that the above; amendment will be effective upon adoption. Adopted by the City Council on Agenda Number: r ,,i` ti TO: Laurie Ahrens, City Manager FROM: Eric Blank, Director of Parks and Recreation DATE: December 20, 2004, for Council Meeting of December 28, 2004 SUBJECT: Sale of City Showmobile 1. ACTION REQUESTED: The City Council should pass the attached resolution approving the sale of the Plymouth Showmobile to the city of Annandale in the amount of $49,900. 2. BACKGROUND: Earlier this year, I was contacted by the City of Annandale's Arts and Cultural Committee. They inquired about the possibility of purchasing the city's showmobile for the City of Annandale. Throughout the: summer we discussed and negotiated the possibility of this sale taking place, including the purchase price, and the timing of payments for the purchase. Part of the deal required that we had to have a contract with the City of Annandale not with the Arts Committee. In December the City Council of Annandale voted to approve the purchase of the showmobile and authorized a contract to be developed between Plymouth and Annandale. In November I ran an ad in the City's legal newspaper advertising the fact that the city wished to receive offers to purchase the showmobile. I published a deadline of December 8 for anyone to contact me if they were interested in possibly negotiating for the purchase of the showmobile. We have received no inquiries to date other than that from Annandale. The showmobile was originally purchased because there was no other option available to us for Music in Plymouth and showcasing the Minnesota Orchestra. With the construction of the Hilde Performance Center, our need for the showmobile has greatly diminished. During the last two years, the only time we have actually used it for city co-sponsored program has been for the Interfaith Outreach Kick -Off event in downtown Wayzata each November. We've also rented the stage to the cities of Richfield and Hopkins for their community events. It's possible that in the future there may be some unique circumstances under which we would like to have the stage at a special event. I've written into the contract that we can borrow the stage from Annandale two times a year at no cost if it does not interfere with their use for their own events. Included with the purchase of the stage will be 12 portable sections of stage which connect to the stage to make it larger. 3. BUDGET IMPACT: The original purchase price of the showmobile was approximately 85,000. This was paid for from park dedication funds over four years. The purchase agreement with Annandale stipulates that they will pay $49,900 with a $10,000 down payment and three annual installments after that. This money should be put back in the park dedication fund to be used for future park improvement projects. 4. OPTIONS: The City Council could opt to keep the showmobile for future uses that may arise, or go ahead with the sale as outlined in this memorandum. The last option would be to decline this sale and try and market the item on a broader basis to receive a higher sale price. 5. RECOM WNDATION: Staff recommends that we proceed with the sale ' of the showmobile to the City of Annandale for the price of $49,900. EB/np CITY OF PLYMOUTH RESOLUTION 2004 - APPROVING SALE OF SHOWMOBILE WHEREAS, the Director 4 Parks and Recreation has determined that the city's showmobile is no longer used enough to warrant the cost associated with it, and WHEREAS, an official ad was placed in the city newspaper offering the sale of the showmobile, and WHEREAS, the City of Annandale is the only city showing interest in the purchase of the showmobile, NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that the purchase agreement between the City of Plymouth. and the City of Annandale is hereby approved for the purchase price of $49,900, and, further, that all funds received from the sale shall be deposited in the city's park dedication account. Adopted by the City Council on PURCHASE AGREEMENT This Purchase Agreement has been entered into by and between the City of Annandale, a Minnesota municipal corporation (`Buyer'), and the City of Plymouth, a Minnesota municipal borporation ("Seller'), this day of 200-7 RECITALS A. Seller is the owner of a portable performance stage. B. Buyer desires to purchase and Seller desires to sell the portable performance stage. In consideration of the mutual promises of the parties expressed herein, Buyer and Seller agree as follows: 1. Sale of Property. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the portable performance stage (the "Stage'). 2. Purchase Price and Manner of Payment. The total purchase price ('Purchase Price') to be paid by Buyer to Seller for the stage shall be Forty-nine Thousand Nine Hundred and No/100 ($49,900.00) Dollars. The Purchase Price shall be payable in four (4) installments as follows: 10,000 in cash or certified funds on or before the Closing Date. 12,000 on or before the first anniversary of the Closing Date. 13,000 on or before the second anniversary of the Closing Date. 14,900 on or before the third anniversary of the Closing Date. No interest shall accrue on the balance due and payable following the Closing Date. 3. Sales and Use Tax. On the Closing Date, Buyer shall pay all sales and use tax due on the total Purchase Price for acquisition of the Stage. 4. Contingencies. The obligations of buyer under this Agreement are contingent upon each of the following: A. Approval of the terms of this Agreement by the respective City Councils. B. Buyer conducting an inspection of the stage and being satisfied as to its condition prior to the Closing Date. 115246 5. Closing. The closing of the purchase and sale contemplated by this Agreement shall occur on , 200_ (the "Closing Date"), at the offices of Seller or at such other place as may be agreed to. Seller agrees to deliver possession of the stage to Buyer on the Closing Date. On the Closing Date, Seller shall execute and/or deliver to Buyer a Bill of Sale and the Buyer shall to the Seller first installment of the Purchase Price.. 6. I tle to Property. Seller retains title to the stage as security for the Purchase Price. Title tothe stage shall transfer to Buyer upon full payment of the Purchase Price. 7. Seller's Remedies for Non -Payment. Seller is confined to the remedy of recovery of the stage in of non-payment of all or part of the Purchase Price. 8. Right to Use Stage. Seller shall have the right to use the stage free of charge a maximum of two times per year based upon availability while the stage remains in Buyer's ownership. Seller shall be responsible for transporting the stage to and from the Buyer's storage site in the City of Annandale. In the event that Buyer elects to sell the stage or discontinue use of the stage due to deteriorating condition, Seller's right to use the stage shall be terminated. Seller agrees to defend and indemnify the Buyer from and against any and all claims or demands arising out of Seller's use of the stage. Seller further agrees to repair or replace the stage in the event that it is damaged or destroyed while in Seller's possession. 9. Attorneys Fees. Each of the parties will pay its own attorneys' fees, except that a party defaulting under this Agreement or any closing document will pay the reasonable attorneys' fees and court costs incurred by the non -defaulting party to enforce its rights regarding such default. 10. Access. Seller shall allow Buyer and Buyer's agents to inspect the stage prior to the Closing Date. 11. Roresentations and Warranties by Seller. Seller represents and warrants to Buyer that it has good and marketable title to the property, free and clear of any and all liens and encumbrances. 12. Severability. If any provision, term or condition of this Contract is found -to be or become unenforceable or invalid, it shall not effect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties' entire contract. 13. Assignment. Neither party may assign its rights under this Agreement without the written consent of the other party. 14. Survival. All of the terms of this Agreement will survive and be enforceable after the Closing. 115246 2 15. Entire Agreement; Modification. This Agreement represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. 16. Amendments. Any amendments to this Agreement must be in writing and will be executed by parties. 17. Binding Effect. This Agreement binds and benefits the parties and their successors and assigns.` 18. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Seller and Buyer have executed this Agreement as of the date first written above. BUYER: CfWY ANNAND , By Marion Harmoning, Mayor ATTEST: MC Mark Casey City Administrator SELLER: CITY OF PLYMOUTH Judy Johnson, Mayor ATTEST: Laurie Ahrens, City Manager 115246 DA:Ennandale- of 30 Cedar St. E. • P.O. Box K • Annandale, MN 55302-0136 Phone: 320.274-e3055 Fax: 320.274+5728 Dear Eric, Attached is a letter from members of our local arts and culture group. As discussed in their letter, the City would be of the understanding that the portable stage would become City property. and the City would be. responsible for maintenance, storage and insurance. We hope any legal aspects could be worked out between our two cities. The City of Annandale fully supports the request for a portable performance stage for the Annandale area community. The City sees the portable stage as a quality of life asset for our entire community to enjoy. The portable stage versatility would ensure a variety of venues and users. Once again, the City of Annandale would be more than willing to assist in any way with this process. Please let me know if you need additional information. Sincerely, C uO Mark Casey City Administrator Attachment To The City of Plymouth The Arts & Culture sub -group of Annandale's Community Team effort, speati o' ed by the Central Minnesota` Initiative Founda io `5 s interested in purcm'g a. Portable Performance Stage. We are espech interested in yours much we understand is int cellent working order A this time we are beginmrig our fund-raising efforts by selling sponsorships tfiat would allow local businesses and community groups to display their logos on the unit. Our intent is to donate this stage to the City of Annandale, which has agreed in principle in a letter of support after a Council discussion to insure it, provide storage and coordinate scheduling. In addition to the city's backing, we have received letters of support from the Annandale Chamber of Commerce along with a generous donation, School District 876, Minnesota Pioneer Park in Annandale, the Fourth of July Committee and the Kiwanis Club. We envision many uses for this stage as our community is actively involved in the arts. Because the Annandale area is noted for its many fine recreational and fishing lakes, our population swells in'the summer with residents who bring an added vibrancy to community events, such as our large Fourth of July celebration. Since we would benefit from using this stage this summer and we believe having the stage here would help in our fund-raising efforts, we are proposing a lease to buy or purchase agreement with $10,000 down and the balance of $35,000 to be paid over the next 3 years making our total offer 45,000. The legal aspects of this contract we believe can be worked out to satisfaction between the legal advisors of both cities. We look forward to your response to this proposal. Thank you from the members of the Arts & Culture Committee of Annandale. Contact information; Jeff Lundquist -, 320-274-6200, Mike Zieska - 320-274-8283, pit°S. CULTURE A DIVISInN OF Annandak Area Community Ye -am DATE: December 21, 2004 for the City Council Meeting of December 28, 2004 TO: Laurie Ahrens, City Manager FROM: Daniel L. Faulkner, P.E., City Engineer knne Hurlburt, Director of Community Development SUBJECT: PUBLIC HEARING TO CONSIDER THE VACATION OF MEDINA ROAD WEST OF VICKSBURG LANE TO EAST OF DUNKIRK LANE ACTION REQUESTED: After holding the public hearing, the City Council may consider one of the following actions: A. Authorize the vacation of Medina Road from Vicksburg Lane to Dunkirk Lane —Option A resolution; B. Authorize a partial vacation of Medina Road west of the east line extended of Weston Lane to the east line of Dunkirk Lane — Option B resolution; C. Take no action to vacate Medina Road. Approval of any vacation will require a 4/5's vote (6). BACKGROUND: On June 28, 2004, at a special meeting, the City Council adopted Resolution No. 2004-257, which approved an amendment to the Comprehensive Plan removing the segment of Medina Road between Vicksburg Lane and Dunkirk Lane from the Comprehensive Plan. At the same meeting, the Council approved a Comprehensive Plan Amendment for CSM Corporation's proposed redevelopment of the Dana Spicer site, and commented on the PUD (Planned Unit Development) sketch plan for the project. The Council's comments on the sketch plan included direction to CSM that they revise their plan to show a landscaped berm along the south portion of the site near existing single family homes, and that. the berm lie within the Medina Road right-of- way to the maximum extent possible. In the course of considering the sketch plan, the Council also adopted a motion directing staff to begin the process of vacating right-of-way for 'Weston Lane in the single family residential neighborhood to the south of the project, to ensure that it could never connect to Medina Road. On alphal\dfsroot\PUBLICWORKS\Engineering\VACATION\MEMOS\AUTHORIZ\2004\CC_Medinand_ShopsAtPlymouthCreek. dm OUTLOT Ac 1 PLYMOUTH rq rc 7 STATION NO 55 DUNKIRK CITY MEADOWS CITY PROPERTY PROPERTY MEDINq RD SEGMENT B SPICER ADDITION Y Z Fire Station No. 3 PROPOSED SHOPS AT PLYMOUTH CREEK Q J DUNKIRK MEADOWS m U) Y CITY V Westside CITY PROPERTY Community PROPERTY Wesleyan Church t SPICER ADDITION CITY PROPERTY RIVA E P OP TIE 30TH AVE g ? T o y VF 3 MAP E EK 2 D City of Plymouth, Minnesota MEDINA ROAD VACATION Vacated Weston Lane Segments A, B and D would become city property Segment C would become part of Shops at Plymouth Creek Segment E would become part of the private lots N Engineering Department December 2004 SUBJECT: AUTHORIZING THE VACATION OF MEDINA ROAD WEST OF VICKSBURG LANE TO THE EAST LINE OF MEDINA ROAD Page 2 September 13, 2004 the City Council held a public hearing and authorized the vacation of that part of Weston Lane adjacent to Lot 1, Block 3, Maple Creek 2' Addition. On November 9, 2004 the City Council approved the rezoning and PUD plan for CSM's redevelopment project. During discussion of the applications the Council directed staff to set a public hearing to consider the vacation of Medina Road from Vicksburg Lane to Dunkirk Lane. The required public notices have been given in accordance with Minnesota Statute 412.851 and copies of those notices and the Statute are attached for your reference. When street right-of-way is vacated, the vacated area attaches to the abutting property of the plat in which the right-of-way was dedicated. Staff has researched the abutting plats along this section of Medina Road and has determined that Medina Road right-of-way dedication was platted with the approval of four plats as shown on the attached map. Segment A, which extends approximately 300 feet east of Dunkirk Lane and is adjacent to Fire Station No. 3, was dedicated in the plat of Plymouth Station. Since the City owns both of the adjacent parcels, the City would retain ownership if the right-of-way were vacated. Segment B of Medina Road was dedicated in the plat of Dunkirk Meadows. Since the City owns the outlots contiguous to the north and south of Segment B, this portion of Medina Road would also remain under City ownership. Segments C and D were dedicated in Spicer Addition. Segment C, the northeasterly half of Medina Road, would be granted to Lot 1, Block 1, Spicer Addition. The City owns the outlot contiguous to and southwesterly of Segment D so this would remain under City ownership. Segment E was dedicated in the plat of Maple Creek 2nd Addition. There would be four properties affected by this segment of Medina Road vacation. Each lot would receive a portion of Segment E by extending lot lines northerly through Segment E to the north plat line of Maple Creek 2nd Addition. RECOMMENDATIONS AND CONCLUSIONS: There are three options available for City Council consideration. A. Vacate Medina Road from the west line of Vicksburg Lane to the east line of Dunkirk Lane. With this option, the entire right -of way between Vicksburg and Dunkirk would be vacated, and the property would revert to those plats from which the right-of-way was dedicated. This includes four single family lots in the Maple Creek 2nd Addition, which would each receive a portion of Segment E. The approved PUD plan for the CSM development project includes an access drive for the shopping center and the proposed senior apartment building sites at this location. While most of the drive would be within the development site, the access to Vicksburg must be located in the existing right-of-way to provide a safe intersection that lines up with 31" Avenue on the east side of alpha]\dfsroot\PUBLICW ORKS\Engineering\VACATION\MEMOS\AUTHORIZ\2004\CC_Medinand_ShopsAtPlymouthCreek.dm SUBJECT: AUTHORIZING THE VACATION OF MEDINA ROAD WEST OF VICKSBURG LANE TO THE EAST LINE OF MEDINA ROAD Page 3 Vicksburg. In addition, construction of the berm and associated retaining wall may also impact Segment E. If the right-of-way in this area were vacated, CSM would need to obtain the legal rights from the four property owners to construct the driveway, berm and retaining wall according to the approved plan. B. Vacate that portion of Medina Road from the east right-of-way line extended of Weston Lane to the east right-of-way line of Dunkirk Lane. Option B is the same as Option A except that the City would retain the 500 -foot section of Medina Road right-of-way between Weston Lane and Vicksburg Lane. This would eliminate the need for CSM Corporation to negotiate with four private property owners in order to construct the driveway and other improvements according to the approved plan. Instead, CSM would need to enter into an encroachment agreement with the City. (An encroachment agreement will also be needed to allow berm construction in Segment D under either option A or B.) It should also be noted that these four property owners did not petition for the Medina Road right-of-way vacation, and they may or may not want this additional land attached to their lots. C. Take no action on the vacation. Draft resolutions have been prepared for Options A and B. Attachments: Maps City Council Minutes of June 28, 2004 City Council Minutes of November 9, 2004 (excerpt) MN Statute 412.851 Letter to Dept. of Natural Resources Letters to Property Owners Draft Resolutions alpha] \dfsroot\PUBLICWORKS\Engineering\ VACATION\MEMOS\AUTHORIZ\2004\CC_Medinand_ShopsAtPlymouthCreek.doc Adopted Minutes Special Council Meeting June 28, 2004 Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers, 3400 Plymouth Boulevard, on June 28, 2004. COUNCIL PRESENT: Mayor Johnson, Councilmembers Black, Slavik, Hewitt, Neset Bildsoe, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, Police Chief Goldstein, Public Works Director Faulkner, Community Development Hurlburt, Planning Manager Senness, Senior Planner Drill, Housing Manager Barnes, and City Clerk Paulson. Mayor Johnson stated that residents have asked her why the Council is addressing the two items that are on the agenda this evening rather than at a regular Council meeting. She stated the Council desired to have a full Council in attendance when these items were to be considered, and due to vacation schedules, it wouldn't have been possible to have them on a regular Council agenda. In addition, the Council wanted to make sure that these items had all the time that they needed. Comprehensive Plan Amendment for Removal of a Segment of Medina Road from the Transportation Plan Chapter of the Comprehensive Plan (2003114) Mayor Johnson stressed that the Council is not voting on constructing Medina Road this evening but is discussing removing it from the Transportation Plan of the Comprehensive Plan for future planning. Community Development Director Hurlburt illustrated the segment of Medina Road between Vicksburg and Dunkirk Lanes that is contained in the Transportation Plan of the City's Comprehensive Plan. She stated the City's Transportation Plan shows Medina Road as a major collector between Niagara Lane on the east and the City's western border. The plan shows the un -built segment as a future roadway. She stressed that there are no plans to construct this segment, nor are there any funds available for construction. She noted that Medina Road abuts the southern part of the property at Vicksburg Lane and Highway 55. She stated the next item on the agenda involves a possible redevelopment at that site (former Dana Spicer property — CSM developer). She stated these projects are related as the traffic studies with these two developments are related. She stated the Planning Commission Adopted Council Minutes Special Meeting of June 28, 2004 Page 2 of 13 voted to not remove Medina Road from the Transportation Plan and voted to approve the proposed CMS development at Vicksburg Lane and Highway 55. Councilmember Stein stated that he wouldn't be discussing or voting on the CSM project due to a conflict of interest. Pete Cahill, 16305 29th Avenue North, requested a correction be made to the Planning Commission's minutes regarding his suggestion for a separate emergency vehicle exit from Fire Station No. 3. He stated that he wasn't suggesting that Dunkirk be extended. Community Development Director Hurlburt stated staff contacted the Minnesota Department of Transportation, and they wouldn't allow that. Tom Jes, 5055 Evergreen Lane, stated while the City wouldn't currently be committed to extending Medina Road in the near future, the option would still be there. He discussed his concerns relative to the adjacent wetlands and how they would be impacted with drainage, how to preserve a Class A wetland, and how to mitigate the loss of a wetland. He stated he feels the extension of Medina Road would eventually occur as a result of CSM's proposed development. Mayor Johnson stated the CSM development wouldn't include constructing any portion of Medina Road. Donn Sandell, 1600 26th Avenue North, asked if Medina Road would be extended, could there be the possibility that it would run through Weston Lane. If that would be the case, their development would receive traffic that would like to avoid the Highway 55/Vicksburg Lane intersection. He stated it also concerns him that if Medina Road were extended, they would lose a lot of the wetland, and the wetland assists in absorbing water runoff. He stated holding ponds tend to channel water rather than absorbing it. Clinton Faust, 2870 Weston Lane, stated the two items this evening are unavoidably linked. He stated if the CSM development would be approved, the volume of traffic from that development would lead to extending Medina Road, and the wetlands would be affected. Motion was made by Councilmember Slavik, and seconded by Councilmember Black, to remove Medina Road from the Transportation Plan of the City's Comprehensive Plan. Councilmember Slavik shared concerns with the residents regarding the impacts to the adjacent wetlands. She stated this would be a lost opportunity as they wouldn't be able to create a high quality wetland. She voiced her concern of the school bus stops on Medina Road, and that additional traffic on this road would create a hazard. Councilmember Black voiced her support of the motion as she tried to remove this road from the Transportation Plan when the Council updated the Comprehensive Plan in 2000. Adopted Council Minutes Special Meeting of June 28, 2004 Page 3 of 13 Councilmember Hewitt stated that it's difficult for her to make a decision on this item until she hears what occurs with the former Dana Spicer site. She stated she doesn't support Medina Road being extended. She stated the CSM development would force traffic onto Vicksburg Lane. She stated she would like to be assured that Medina Road would never be connected to Weston Lane. Councilmember Slavik stated that she prefers to vote on this item first before the Dana Spicer site is discussed. Councilmember Bildsoe asked what would drive the extension of Medina Road, a commercial or retail development. Community Development Director Hurlburt replied that if the Council would approve CSM's commercial development, there would be an increase in the amount of traffic. However the traffic volume of all roads affected would drive it, not just the commercial development. Councilmember Bildsoe stated at this time, he would be opposed to extending Medina Road. However, he believes that a future Council should snake that decision especially if the Highway 55 and Vicksburg Lane intersection became problematic, and if there would be a means to reducing cut -through traffic through the neighborhood to the south. Community Development Director Hurlburt stated there is a section of right-of-way at Weston Lane so there would be the option if the City wanted to make the connection to Medina Road. It doesn't commit the City either way. Councilmember Hewitt stated that she wants to make sure that Medina Road wouldn't be extended to Weston Lane. She stated if Medina Road would be removed from the Transportation Plan, there wouldn't be the connection at Weston Lane. Mayor Johnson stated if that were to ever be considered, there would be a public process. Community Development Director Hurlburt commented that the Transportation Plan doesn't address the right-of-way at Weston Lane; therefore, the only way to eliminate the possibility of connecting Medina Road to Weston Lane would be to vacate that right-of-way. Councilmember Stein voiced his opposition to the motion as he doesn't see any benefit in removing Medina Road, and it's important to provide flexibility for future Councils. He stated he wouldn't currently support constructing that section of Medina Road. He commented that giving some part of the wetland in order to protect the safety of the adjacent neighborhood is very important. Councilmember Neset asked what the approximate westbound trips on Highway 55 are as well as the projected levels. Dave Montebello, with SRF Consulting Group, Inc., replied the current volume of traffic between Vicksburg Lane and Highway 24 is 39,000 vehicles per day, and the future volume is projected near 55,000 to 60,000 vehicles per day by the year 2030. Adopted Council Minutes Special Meeting of June 28, 2004 Page 4 of 13 Councilmember Neset stated he wouldn't support removing Medina Road from the Transportation Plan, as that roadway would eventually be the same as Highway 55. Councilmember Slavik stated if Media Road would. be extended, the traffic would travel through the residential neighborhoods. She stated if Medina Road would be removed from the Transportation Plan this evening, any future Council would have the ability to place this back in the Transportation Plan. She stated it's ridiculous to construct Medina Road through the wetlands. Councilmember Black agreed with Councilmember Slavik. Mayor Johnson stated she supports removing Medina Road from the Transportation Plan. She stated her issue isn't with the CSM development but how the Minnesota Department of Transportation and the Federal Government need to allocate highway funds for three lanes divided for I-494 and Highway 55. By not improving these roadways to that extent, it causes cut -through traffic through the residential neighborhoods. The Council voted on the motion, and with Black, Hewitt, Slavik, and Johnson voting yes, and Neset, Bildsoe, and Stein voting no, the motion failed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to direct staff to begin the process for vacatingthe at Weston Lane. With all members voting in favor, the motion carried. Comprehensive Plan Amendment for Dana Spicer Site Mayor Johnson reiterated that Councilmember Stein wouldn't be discussing or voting on this item due to a conflict of interest. Therefore, in order to amend the Comprehensive Plan, four votes would be required. John Gelderman, from CSM Corporation, illustrated the proposed Site Plan for the former Dana Spicer site at the intersection of Vicksburg Lane and Highway 55. He explained that Lowe's would be the main retail tenant with mixed retail and housing on the south end of the site. He indicated that since the Council last reviewed this project, the entire Lowe's building has been moved further north on the site away from the residential area to the south. The loading docks for the Lowe's building would also be closer to Highway 55. He explained there would be an option for a berm along Medina Road whether that road would be removed from the City's Transportation Plan or not. He spoke of traffic improvements that would occur at the intersection if the project would be approved, and possibly utilizing tax increment financing for those improvements. Adopted Council Minutes Special Meeting of June 28, 2004 Page 4 of 13 Councilmember Neset stated he wouldn't support removing Medina Road from the Transportation Plan, as that roadway would eventually be the same as Highway 55. Councilmember Slavik stated if Media Road would. be extended, the traffic would travel through the residential neighborhoods. She stated if Medina Road would be removed from the Transportation Plan this evening, any future Council would have the ability to place this back in the Transportation Plan. She stated it's ridiculous to construct Medina Road through the wetlands. Councilmember Black agreed with Councilmember Slavik. Mayor Johnson stated she supports removing Medina Road from the Transportation Plan. She stated her issue isn't with the CSM development but how the Minnesota Department of Transportation and the Federal Government need to allocate highway funds for three lanes divided for I-494 and Highway 55. By not improving these roadways to that extent, it causes cut -through traffic through the residential neighborhoods. The Council voted on the motion, and with Black, Hewitt, Slavik, and Johnson voting yes, and Neset, Bildsoe, and Stein voting no, the motion failed. Motion was made by Councilmember Hewitt, and seconded by Councilmember Bildsoe, to direct staff to begin the process for vacating the right-of-way at Weston Lane. With all members voting in favor, the motion carried. Comprehensive Plan Amendment for Dana Spicer Site Mayor Johnson reiterated that Councilmember Stein wouldn't be discussing or voting on this item due to a conflict of interest. Therefore, in order to amend the Comprehensive Plan, four votes would be required. John Gelderman, from CSM Corporation, illustrated the proposed Site Plan for the former Dana Spicer site at the intersection of Vicksburg Lane and Highway 55. He explained that Lowe's would be the main retail tenant with mixed retail and housing on the south end of the site. He indicated that since the Council last reviewed this project, the entire Lowe's building has been moved further north on the site away from the residential area to the south. The loading docks for the Lowe's building would also be closer to Highway 55. He explained there would be an option for a berm along Medina Road whether that road would be removed from the City's Transportation Plan or not. He spoke of traffic improvements that would occur at the intersection if the project would be approved, and possibly utilizing tax increment financing for those improvements. Adopted Council Minutes Special Meeting of June 28, 2004 Page 5 of 13 He illustrated a plan for the site if the property would remain industrial. He stated this site would contain some type of development. If the site remained industrial, the existing building would be renovated for multi tenants and an additional building would be constructed on the site. The industrial market is improving, so that is a viable option. Mayor Johnson asked what the value of the property would be if the property remained industrial or if it was redeveloped for the commercial use. Mr. Gelderman replied the value of the property would be approximately $15 million if it remained industrial or $25 to $30 million if it was redeveloped for commercial use. Community Development Director Hurlburt added staff is unsure if they would qualify for tax increment financing if the site remained industrial. Mr. Gelderman stated there would be two access points to the site which would be very similar to the accesses to Cub Foods and Lund's. One access would be on Vicksburg Lane at 32nd and the main entrance at Medina Road right-of-way, which would give them access directly into their residential part of the project and the service delivery to the retail part of the development. He stressed that Medina Road has never been part of their plans for this site, and it wouldn't make any difference to them if it was included or not. He noted their flexibility with the tenants for the smaller retail area on the site. He stressed that their intent is to construct a high quality development. Ted Simons, Director of Real Estate with Lowe's Company, stated Lowe's is the 501i largest Fortune 500 Company in the country. He explained they are a high-end home improvement department store. They have wider and well -lit aisles and a more clean shopping environment than their competitors. He stated they would have 150 employees with 75% of them being full- time. He spoke of their community involvement, and they would like to be a part of Plymouth. He stated they support berming along Medina Road. Mr. Gelderman, by request of Councilmember Hewitt, illustrated the proposed walkways within the development. Mayor Johnson noted that Tony Strauss, 16700 401i Avenue North, who had to leave the meeting, supports the proposed project. J. Roger Anderson, 3000 Black Oaks Lane, stated he is also representing his neighbor who resides at 2900 Black Oaks Lane, and they are concerned if this development would be approved, there would be more water problems in the future. He stated they are also concerned about potential traffic problems with this development. Mayor Johnson noted that Jessica Gwilt, 4270 Quaker Lane, supports the project even though she wouldn't be able to address the Council. Brad Coats, 1820 Peony Lane, stated that he supports the project, as there would be more retail choices for residents. In addition, he feels that redeveloping the site with mixed retail and Adopted Council Minutes Special Meeting of June 28, 2004 Page 6 of 13 housing development is better than renovating an old industrial building and constructing another industrial building on site. Donn Sandell, 16000 26th Avenue North, discussed. the City's community vision statements and how they relate to the proposed project, and more importantly, how the project would accomplish those goals/statements. He stated other communities have discovered that commercial developments along major highways have been a mistake due to "stop and go" traffic. He noted that there is a major amount of wetland protruding into the CSM site, which would be equivalent to the size of two football fields. He stated there would be a major impact to this wetland. Nicholas Reynolds, 4270 Quaker Lane, stated he supports this project. He stated he views the City as a growing community, and the proposed project would be in that direction. He stated the industrial use would be ugly, and he stated this is what people would see when they enter the community. He stressed the need to improve the appearance of the City along the Highway 55 corridor. Gary Landis, 4590 Weston Lane North, stated he supports the CSM project, and he stressed that there would be some type of development on this property. He stated he is an avid supporter for the preservation of green space, so he would like the City to regain control over this site. He noted that the Council would have a large amount of discretion in reguiding the property. He stated the Vicksburg Lane and Highway 55 intersection is a major part of the City's "storefront." He requested that this site not be developed for industrial as he doesn't believe that this site is the best for industrial. Pete Cahill, 16305 291h Avenue North, stated he is opposed to the development. If this development would be approved, he requested that a berm be constructed to allow for a barrier, and there would be restrictions on lighting of the site and the hours in which trucks can deliver to the retail sites. Mike Sims, 17850 18th Circle North, stated he supports this project. He stated this project would assist in "cementing" the City Center area, and it's an opportunity to capture a unique property. He stated to leave the property as an industrial use :is a mistake, as the residents need more retail services. Clinton Faust, 2870 Weston Lane, stated a lot of emphasis has been made about possible retail opportunities and having a Lowe's. However, with the Lowe's store, he believes Hamel Building Supply, Home Depot, and Dundee's are all within five minutes of this site, and they could be in danger. He stated he has heard that McDonald's would be one of the restaurants on this site, and there are already two other locations within five minutes of this site. He stated this proposed development has the potential of adding additional traffic in this area that may not be indicated in the SRF traffic study. He stated he feels the SRF traffic study and staff reports have been biased, and they support the project. He stated there should've been other traffic analysis Adopted Council Minutes Special Meeting of June 28, 2004 Page 7 of 13 completed with traffic improvements if the site rernained industrial. He stated the staff report contained vacancy figures in terms of industrial developments, but failed to mention vacancies for retail developments, which he perceives as bias. He stated improvements that have been made to this development were because the Council didn't support the first concept. He stated he doesn't support the project, and he feels the Council should let the real market determine the value of this property as it's currently zoned. Mayor Johnson stated that staff and any consultants that the City hires are not bias, and the Council doesn't always agree with them. If the Council felt they weren't receiving adequate information, that would've been addressed prior to tonight's meeting. Greg Merz, 1520 29th Avenue North, stated that he supports the proposed project. The Council's vote tonight is extremely important, as it would impact the current and future residents of the City. He stated if the Council approves the development, there would be new employment opportunities, a planned unit development that would buffer the residential area to the south, and it would complimentary impact the City Center area. He stated the positive benefits outweigh any potential perceived negatives. In addition, if the CSM project is approved, the City would have identified a new revenue stream and that would assist with improvements at this intersection of Highway 55 and Vicksburg Lane. Jim Damian, 12150 43`d Avenue North, voiced his support for the project. He stated a lot of the traffic congestion on Highway 55 as well as future congestion is due to the developments in Buffalo and Medina, not this specific site. He stated the current building on this site is unsightly, and he stated the Highway 55 corridor shouldn't be filled with industrial buildings. Tom Jes, 5055 Evergreen Lane North, stated if the housing portion of this development would be for senior housing and part of the City Center area, there is a problem that the other part of the downtown area is on the other side of Highway 55,. He asked how senior citizens would be able to safely cross Highway 55. He stated with the site being approximately 28 acres and with the likelihood of receiving the average of 30 inches of rain per year, where would all that water drain. He stated based on the City's history, there has never been a requirement for developers to provide funds to clean the storm water retention ponds. He stated the City should make sure the runoff and silt is addressed at the beginning. Mayor Johnson clarified that the City does hold money from the developers for the purpose of cleaning the ponds the first time. Mike Monson, 1805 Kirkwood Lane, voiced his support for the proposed project. Eric Bjorlin, 2935 Weston Lane, stated he doesn't support the project. He stated the light industrial use doesn't have to be ugly. He spoke of the nice appearance of the Turk building on Schmidt Lake Road. He asked if the City could assist CSM in removing the Dana Spicer Adopted Council Minutes Special Meeting of June 28, 2004 Page 8 of 13 building. He stated he is worried about the proposed walkways within the retail development, and he questioned if this site would be a better gateway to the City Center area. Todd Hanson, 3685 Weston Lane, stated he supports the project. He stated this property would be redeveloped, and he feels the proposed project is the best fit. He stated the retail development would enhance the downtown area, and it would serve all residents in the City. Jeff Eaton, 4620 Underwood Lane, stated he supports the project, and CSM Corporation is a great developer who does first class work. He stated he believes that high quality developments generate higher residential property values. Joan Eaton, 4620 Underwood Lane, stated she supports the proposed development. She stated that due to developments, areas in the City would change. She stated that she resides near Northwest Boulevard, and she noted how that area has developed when some of the residents would've liked it to remain undeveloped. Mayor Johnson noted that Tony Strauss, 16700 40th Avenue, Amy Alexander, 17815 32"d Place North, and Paul Nicholson and Mary Bussiere, 4760 Oakwview Lane, had to leave the meeting, but they support the project. Jan Haugen, 15760 27th Avenue North, representing Shenandoah Townhome Association, stated some of their residents would rather have the proposed development versus a chemical plant at this site. By request of Mayor Johnson, Public Works Director Faulkner discussed the wetland and flooding concerns that were expressed by residents. He stated this development, as other developments, would need to meet standard requirements for wetland and treating their storm water. They have conceptually shown ponds, but they would need to make sure that the current rate of runoff wouldn't be exceeded with the development as well as addressing water quality treatment. He stated he wouldn't anticipate any significant increase in the drainage to the wetland. Community Development Director Hurlburt stated if the amendment to the Comprehensive Plan were approved this evening, the developer would need to present a zoning plan consistent with the Comprehensive Plan. She stated the City would have the opportunity to create a planned unit development specific for this site. Mayor Johnson stated whether this development would have an impact to surrounding businesses, Hamel Building Center has previously indicated their opposition. The City hasn't heard any specific comments from Home Depot or Dundee's. Mayor Johnson requested staff to address the concerns regarding the City's vision statements, and if the City would be abandoning those goals if this project is approved. Community Adopted Council Minutes Special Meeting of June 28, 2004 Page 9 of 13 Development Director Hurlburt stated those vision statements were reviewed when the Comprehensive Plan was developed. After reviewing those value statements, a Land Use Plan was created. She stated those vision statements arc! also used to determine how property should be developed, per regulations, if no green space is remaining. Councilmember Black added that the City tries to protect the environment to the greatest extent possible, but property owners do have rights to develop their properties within the zoning requirements. Mayor Johnson asked if it was analyzed on how pedestrian traffic would cross Highway 55 from this development. Community Development Director Hurlburt replied that the traffic reports don't specifically discuss that. However, when this project was initially discussed, there was a discussion on where a grade separation would occur, which would be east of this intersection, not right at the intersection. A discussion was held on whether there could be use of tax increment financing for refurbishing the existing building on the site. Community Development Director Hurlburt stated the site would need to be qualified as a redevelopment district in order to be considered for tax increment financing. Councilmember Bildsoe asked about the market for retail and industrial developments. Mr. Gelderman replied the retail market is much more robust, and traditionally, the industrial developments have a higher vacancy rate. He stated there are a number of retailers that are looking for the smaller retail areas of this site. Councilmember Bildsoe asked if there would be flexibility with one of the fast food restaurants, rather than a McDonald's. Mr. Gelderman replied yes. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to deny the Comprehensive Plan amendment. Councilmember Hewitt stated she is concerned about traffic during the weekend hours because basically there would only be one entrance and exit other than the service entrance off Medina Road. She stated peak patterns are also an issue. She stated she doesn't believe that the City Center area needs to be expanded to the other side of Highway 55. She spoke highly of Lowe's, but she stated that isn't a good fit for this location. She stated walking from Highway 55 to Lowe's or Walgreen's (a retail business confirmed for this development) wouldn't be pedestrian friendly. She stated that if McDonald's would locate there, she could envision that being an area where teens would congregate. She reiterated that she doesn't support extending Medina Road, but this development would eventually encourage that. She agreed that the current building on the site isn't very attractive; however, there could be the possibility that tax increment financing could be used to approve the appearance. She stated if residents desire additional retail, she could support a Kohl's or Herberger's at this site as they currently aren't in the area, but they Adopted Council Minutes Special Meeting of June 28, 2004 Page 10 of 13 already declined. She stated no additional services with the Lowe's would be added that aren't already a part of the community. She stated she also couldn't justify using tax increment financing to improve the Highway 55 and Vicksburg Lane intersection. Councilmember Slavik explained her issue is that Medina Road is still on the Transportation Plan, and that would allow it to be constructed that much sooner if this amendment would be approved this evening. She stated that basically there would only be one entrance that would be used for this development. She stated in comparison, Home Depot has had to hire police officers to direct traffic, and they have two accesses. She skated she is concerned about emergency vehicle access to this site. Councilmember Bildsoe stated this property is a major point in the City. He stated he was originally opposed to the project, but when CSM Corporation came forward as the developer of the project, he was really pleased as they have constructed many fantastic developments, and he was encouraged. He stated he doesn't agree with the selection of some of the housing, and there are a lot of details that have to be addressed, but he is encouraged that CSM has committed their time and resources to make it a good development. This is an opportunity for a quality development for all residents of the City to use and enjoy. He stated he would support the Comprehensive Plan amendment. He stated he doesn't see why the City Center area couldn't be expanded, and the Council would be able to exercise a high level of discretion with a Planned Unit Development for this site. Councilmember Black stated she wouldn't be supporting the motion. She agrees with the residents who support this development. She stated the City would work with CSM Corporation to address drainage of the site and traffic issues. She stated the traffic would be the biggest issue, as this is heavily traveled area. She stated the only way to improve this intersection is to make the surface of Vicksburg Lane go over the top of Highway 55. She stated she would rather see the proposed development other than what's currently there. Councilmember Neset stated he supports this development. He stated he's confident that staff and CSM Corporation would address the traffic and drainage issues. He stated it's more important that the City doesn't lose the element to have control over this site. Mayor Johnson stated she is very hesitant in approving the amendment to the Comprehensive Plan for this development, as the Council didn't take the action to remove Medina Road from the Transportation Plan this evening. She stated there are many traffic and congestion issues surrounding this development, and she feels there could be some other type of commercial development that would look better at this intersection. She indicated that she is also concerned about the LA -4 guiding of the site and using a residential component to buffer a residential neighborhood. Mr. Gelderman stated another option could be to table this item tonight in order that the Medina Road issue could be discussed further. Adopted Council Minutes Special Meeting of June 28, 2004 Page 11 of 13 Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to call the Question. With all members voting in favor except Johnson, the motion carried. The Council voted on the motion and with Hewitt, Slavik, and Johnson voting yes, and Black, Neset, and Bildsoe voting no, the motion failed. NFotion was made by Councilmember Stein, and seconded by Councilmember Black, to reconsider removing Medina Road from the Trans ortation Plan. With all members voting in favor, the motion carried. Councilmember Neset stated he was opposed to removing it from the plan, as he didn't want to limit future councils in determining what occurs with Medina Road, but yet, he doesn't want it to impact this development. He noted there would be a significant amount of berming along Medina Road with the CSM development. Mayor Johnson asked if this motion passes, could the right-of-way for Medina Road be used or incorporated as part of the CSM development. Community Development Director Hurlburt replied as the right-of-way exists, there would need, to be an encroachment agreement for the use of it. City Attorney Knutson added the City would need to examine the form of ownership. The Council voted on the motion, adopting a Resolution Approving Comprehensive Plan Amendment for the City of Plymouth to remove the Proposed Segment of Medina Road between Vicksburg and Dunkirk Lanes (2003114 — Res2004-257), and with all members voting in favor except Bildsoe, the motion carried. was made a Resolution Approving a Land Use Guide Plan Amendment for CSM Corporation for Property located at the Southwest Corner of Highway 55 and VicksburgLaneane (2004024 — Res2004-255). Mayor Johnson reiterated that she doesn't support the LA -4 guiding for the residential component of the project. Councilmember Bildsoe stated that issue could be addressed during the rezoning process. Community Development Director Hurlburt stated the option is to either reguide the southern portion to LA -4 or it would remain industrial. She stated those comments could be made on the sketch plan when the zoning is reviewed. Mayor Johnson asked about Plymouth Station's buffer from the residential area. She stated she is concerned that the same scenario could occur at this site where the daycare use didn't work. Adopted Council Minutes Special Meeting of June 28, 2004 Page 12 of 13 Community Development Director Hurlburt stated the Plymouth Station site is small with a lack of visibility. However, the property at Highway 55 and Vicksburg Lane is more of a visible site. She stated that she agrees with the Planning Commission that a townhome development wouldn't be a good fit at this site. Mr. Gelderman stated they have a daycare/preschool center that is very interested at this site. He stated the issue whether there be residential versus daycare, if there are better uses that the Council would like to suggest, they would happy to review them. Mayor Johnson stated that she would be voting in favor of the motion, but she has concerns regarding some of the retail tenants (i.e. McDonald's), buffering, flow of truck traffic, landscaping (discussed at the beginning rather than the end), the residential component, and traffic congestion. Councilmember Slavik stated even though the Council just rescinded their action regarding removing Medina Road from the Transportation Plan, she still has concerns over the CSM development. She stated she is not confident that in the future, Medina Road wouldn't be opened up for this development. She stated the traffic and congestion problems that currently occur at Home Depot would be duplicated with this; development. There being no further discussion, the Council voted on the motion. With Black, Neset, Bildsoe, and Johnson voting yes, and Hewitt and Slavik voting no, the motion carried. Motion was made by Councilmember Black and seconded by Councilmember Bildsoe, to adopt a Resolution Providing Informal Comments on the Proposed PUD Sketch by CSM Corporation for Commercial and LA -4 Redevelopment of the Dana Spicer Site, located at the Southwest Corner of Highway 55 and Vicksburg Lane (Res2004-256). The Council amended the following conditions in the Resolution to read: 3. The LA -4 area in the south portion of the site shall be developed with a daycare center. 6. The PUD general plan shall address outdoor storage, display and sales. 7. The fast food use and related drive -up shall be removed from the plan. 9. Upon submittal of a PUD General Plan application, the developer should provide an alternative plan showing a landscaping berm along the south portion of the site near the single- family area. Such berm shall lie within the Medina Road right-of-way to the maximum extent possible. 11. The developer should consider rain gardens, green roofs or other features to reduce the quantity of surface water from the site. The Council added the following conditions: Adopted Council Minutes Special Meeting of June 28, 2004 Page 13 of 13 12. The PUD General Plan shall buffer loading areas and truck deliveries from the residential area, and limit hours for deliveries. 13. The developer shall consider limiting the hours of operation for businesses on the site. 14. Use of outdoor loudspeakers shall be limited. With all members voting in favor but Black (wasn't present in room when vote was being taken), the motion carried. Adjournment Mayor Johnson declared the meeting adjourned at 10:32 p.m. Sandra R. Paulson, City Clerk Adopted Council Minutes Regular Meeting of November 9, 2004 Page 12 of 13 Councilmember Black asked if the City has a right--of-way agreement or easement for the berm. Community Development Director Hurlburt replied if the plan would be approved this evening, there would be an encroachment agreement for the November 23 meeting. Councilmember Hewitt stated regarding the berming, if Medina Road would ever be extended it would impact that berm. Therefore, she suggested that the berming be placed on CSM's property, on the backside of Lowe's. Community Development Director Hurlburt stated that would be a drastic change to the Preliminary Plat, as everything would need to be changed with respect to the location of the Lowe's building and the parking lot. Councilmember Black stated the adjacent residential development is 1,000 feet from this development. If the berm were to be removed, what would prevent the placement of a fence to block the view and headlights in order to buffer this development from the residential development? Community Development Director Hurlburt stated that could be possible, but the City would need to evaluate the status of the existing vegetation available. Motion was made by Councilmember Hewitt, and seconded by Councilmember Slavik, to direct staff to begin the process of vacatingthe right-of-way for Medina Road. Councilmember Black asked who would own the property if it's vacated. Community Development Director Hurlburt replied half would go to the City, and other half would go to CSM. If any future Council desired to put Medina Road through, they would need to purchase that property. Mayor Johnson requested a friendly amendment to the motion that staff would expedite this so the Council could consider it in December. This was accepted by Councilmembers Hewitt and Slavik. With all members voting in favor but Stein, the motion carried. Motion was made by Councilmember Hewitt to eliminate Lot 5 (drive-thru business use). This motion failed for lack of a second. Motion was made by Councilmember Hewitt, and seconded by Councilmember Johnson, to eliminate the drive-thru use for Lot 5. Mr. Gelderman asked what the issue is as they have agreed to a restriction that there wouldn't be a McDonald's or any fast food business there. Councilmember Hewitt stated this could create traffic issues within the development. The Council voted on the motion and with all members voting against the motion but Hewitt and Johnson, the motion failed. Minnesota Statutes 2004, 412.851 Page 1 of 1 Minnesota Statutes 2004, Table of Chapters Table of contents for Chapter 412 412.851 Vacation of streets. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at or abuts upon any public water, no vacation shall be made unless written notice of the petition or proposed resolution is served by certified mail upon the commissioner of natural resources at least 30 days before the hearing on the matter. The notice to the commissioner of natural resources is for notification purposes only and does not create a right of intervention by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be filed with the county recorder. Any failure to file the notice shall not invalidate any such vacation proceedings. HIST: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c; 183 s 4; 1990 c 433 s 2 Copyright 2004 by the Office of Revisor of Statutes, State of Minnesota. http://www.revisor.leg.state.mn.us/stats/412/851.html 12/17/2004 November 19, 2004 CITY OF Gene Merriam PLYMOUTH Commissioner of Minnesota Natural Resources 500 LaFayette Rd St. Paul, MN 55155 SUBJECT: LEGAL AD CITY OF PLYMOUTH NOTICE OF PUBLIC HEARING ON VACATION MEDINA ROAD AS PLATTED IN DUNKIRK MEADOWS, SPICER ADDITION AND MAPLE CREEK 2' ADDITION Dear Mr. Merriam: Enclosed herewith is a notice of public hearing to be held on the above referenced vacation. Also enclosed is a map showing the proposed vacation. Sincerely, Ronald S. Quanbeck, P.E. City Engineer enclosures PLYMOUTH A Beat ?"FP?MAI T— 7 \20'4\Udlitia Medinand_ROw_11_19.doc 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 www.d.plymouth.mn.us Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery i"esired. Print your name and address do the reverse so that we can return the card,to you. Attach this card to the back of the mailpiece, or on the front if space permits. 11. Art dressed to: z yyUXAt& 0Ui 1 -ft v,c`a..cnaz m N 12 Soo A. Signature X '41/, /' Q Agent B. Received by (Printed Name) C. Date of Delivery Is delivery address differeiten j? Yes H YES, enter delivery . No i 3. Service Type Certified Mail Express Mail Registered Return Receipt for Merchandise Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number Transfer from service, label) _ w p C'Q` PS Form 3811, August 2001 'Domestic Retum Receipt `'•r2Appgl-01-*P.4081 CITY OF November 19, 2004 PLYMOUTR Name» Company» Address 1 » Address2» City», «State» «Zip» SUBJECT: CITY OF PLYMOUTH NOTICE OF PUBLIC HEARING ON VACATION: MEDINA ROAD AS PLATTED IN DUNKIRK MEADOWS, SPICER ADDITION AND MAPLE CREEK 2ND ADDITION Dear Property Owner: Enclosed herewith is a notice of public hearing for the above referenced vacation. This notice is being mailed to you as required by State law. We are also enclosing the petition or proposed resolution, and map showing the location of the proposed vacation. If you have any questions or comments, please contact Steve Deuth 763-509-5531. Sincerely, Ronald S. Quanbeck, P.E. City Engineer enclosures PLY MOUT h4 "Ef!TCLIU I UL 1'0e\C0 _'rpOwnrs_Medinand ROE_FORM.doc 3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000 G)____ www.b.plymouth.mn.us John Gelderman CSM Suite 3000 500 Washington Avenue South Minneapolis, MN 55415 James and Sharon Spaulding 15900 - 29th Avenue North Plymouth, MN 55447 DANA CORPORATION 4500 Dorr Street Toledo, Ohio 43615 Henry Ahrens 15920 - 29th Avenue North Plymouth, MN 55447 Lowell and Martha Nelson 15930 - 29th Avenue North Plymouth, MN 55447 Gary and Deborah Ledstrom 15910 - 29th Avenue North Plymouth, MN 55447 John Stoehr DANA CORPORATION Spicer Off Hwy. Products Division 1293 Glenway Dr. Apple Valley, MN 55124 Option A CITY OF PLYMOUTH RESOLUTION NO. 2004 - AUTHORIZE THE VACATION OF MEDINA ROAD WEST OF VICKSBURG LANE TO THE EAST LINE OF DUNKIRK LANE WHEREAS, a public hearing with respect to said vacation was scheduled for December 28, 2004 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of December 28, 2004; and WHEREAS, in accordance with State Statute 2004, 412.851, written notice was mailed to all affected property owners at least ten days before the hearing and written notice was sent by certified mail to the Commissioner of the Department of Natural Resources at least 30 days before the hearing; and WHEREAS, the Council did hold a public hearing on December 28, 2004 to inform any and all interested parties relevant to the vacation of Medina. Road as platted in Dunkirk Meadows, Spicer Addition and Plymouth Station; and WHEREAS, it was determined by the City Council that said Medina Road was not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following Medina Road right-of-way be vacated: All of Medina Road lying west of Vicksburg Lane to the east line of Dunkirk Lane. O: \ Engineering\VACATION\RESOL\AUTHORIZ\2004\MedinaRoad_ WestonToDunki rk_Opt_A.doc Page 2 FURTHER, that said vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Adopted by the City Council on December 28, 2004. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk O: \En€;ineering\VACATION\RESOL\A UTHORIZ\2004\MedinaRoad_W estonToDunki rk_Opt_A.doe Option B CITY OF PLYMOUTH RESOLUTION NO. 2004 - AUTHORIZE THE VACATION OF MEDINA ROAD WEST OF THE EAST RIGHT-OF-WAY LINE EXTENDED OF WESTON LANE TO THE EAST LINE OF DUNKIRK LANE WHEREAS, a public hearing with respect to said vacation was scheduled for December 28, 2004 in accordance with Minnesota Statutes 412.851 and the City Charter Section 12.06; and WHEREAS, a notice of publication of said hearing was published and posted two weeks prior to the meeting of December 28, 2004; and WHEREAS, in accordance with State Statute 2004, 412.851, written notice was mailed to all affected property owners at least ten days before the hearing and written notice was sent by certified mail to the Commissioner of the Department of Natural Resources at least 30 days before the hearing; and WHEREAS, the Council did hold a public hearing on December 28, 2004 to inform any and all interested parties relevant to the vacation of Medina Road as platted in Dunkirk Meadows, Spicer Addition and Plymouth Station; and WHEREAS, it was determined by the City Council that said Medina Road was not needed for public purposes; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the following Medina Road right-of-way be vacated: All of Medina Road right-of-way lying west of the east line extended of Weston Lane to the east line of Dunkirk Lane. O: \Engineering\VACATION\RESOL\AUTHORIZ\2004\MedinaRoad_WestonToDunki rk_Opt_B. dm Page 2 FURTHER, that said vacation shall not affect the authority of any person, corporation, or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, water pipes, mains and hydrants thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereof. Adopted by the City Council on December 28, 2004. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk O: \Engineering\VACATION\RESOL\AUTHORIZ\2004\MedinaRoad_WestonToDunkirk_Opt_B. doc Agenda Number: a r I TO: Laurie Ahrens, City Manager FROM: Barbara Cox, Administrative Services Manager THROUGH: Michael S. Goldstein, Chief of PoliYSUBJECT: POSSIBLE CLOSING OF AIISSIETOX FACILITY DATE: December 21, 2004 for the December 28, 2004 City Council Meeting 1. ACTION REQUESTED: The City Council adopt the resolution in support of keeping the Mission Detox facility open and forward it to the Hennepin County Commissioners. 2. BACKGROUND: Chief Goldstein received information from Pat Murphy, Executive Director of Missions, Inc., that County Commissions were holding a vote on a proposal to close Mission Detox, effective July 1, 2005. Currently, there are 2 detox centers within Hennepin County: Main Detox in Minneapolis with 50 beds and Mission Detox with 21 beds. Hennepin County wants to open a Sobriety Center in Minneapolis. This proposal would offer an extra 60 beds for limited detox services in Hennepin County. In order to open this center, they would cut funding to Mission Detox. As Hennepin County funds $1,005,000 of this facility's 1.3 million dollar operating budget, this would force it to close its doors. While Mission Detox has only 21 beds, the additional 60 in Minneapolis would not be an advantage to the suburbs. The County Commissioners did discuss the issue at the December 14th meeting and the issue was tabled for further study due to the concerns expressed by various suburban police chiefs. 3. ALTERNATIVES: Alternatives are to urge the County to keep the facility open, or take no action. 4. DISCUSSION: The proposed Sobriety center is a short-term stay facility for residents for while they are intoxicated. They are released with no significant counseling or proposed long-term care considerations. At Mission Detox, and the other site currently in Minneapolis, patients are held longer and they receive additional care. While there will be an overall net increase in bed space for inebriates with the Sobriety Center, the City of Minneapolis will have the advantage. As of now, they basically keep the existing Minneapolis Detox facility full and take the remainder of their inebriates to HCMC. Rarely, if ever, do they transport to the Mission Detox facility. The Mission facility, gives suburban departments an option and keeps us from having to transport into Minneapolis. Annually, we encounter several calls for service at Mission Detox having to deal with a variety of circumstances. So far in 2004, we have responded to the facility 76 times, with 87 in 2003 and 82 in 2002. A breakdown of the types and numbers of calls is attached for information. Also, these numbers include when we transport an intoxicant to their facility. The police department believes the overall bene. -Fit of having a suburban facility far outweighs the negative. The facility also has a tracking system to deal with problems or complaints that affect the neighborhood. Mission Detox reports that they receive approximately an equal number of patients from self - admittance as through police departments. In the: last three years, the facility has been able to honor requests from the various suburbs for adtnissions 70 to 75% of the time. The cut in funding only impacts the Mission Detox center; the shelter, nursing home, and lodge will remain unaffected. This could bring another concern as currently when clients at the lodge or nursing home get access to alcohol, they can be detoxed right on site. Once the facility is closed, we may need to assist in shuttling these people to Minneapolis. The Mission Detox facility usually has a number of beds for the suburban police departments on an ongoing basis. If the facility is closed, our officers would need to spend additional time out of the city taking intoxicants to the new facility in Minneapolis. Then, there is a possibility that they would have no beds available. This could mean more intoxicants taken to hospitals impacting them as well. 5. BUDGET IMPACT: There would be no direct impact on the budget, although there would be an impact on officer availability, which would affect staffing for other calls. 6. RECOMMENDATION: Staff recommends the City Council adopt the resolution in support of keeping the Mission Detox facility open and operational and forward to the County Commissioners. CITY OF PLYMOUTH RESOLUTION NO. 04 - RESOLUTION IN SUPPORT OF KEEPING THE MISSION DETOX FACILITY OPEN AND OPERATIONAL WHEREAS, the Hennepin County Commissioners are considering a proposal for a new Sobering Center in Minneapolis; and WHEREAS, in order to fund the new facility, the funding for the Mission Detox facility in Plymouth would be cut causing it to close; and WHEREAS, the closing of the facility would have a negative affect on Plymouth and other suburban police departments when dealing with intoxicants. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, the City Council adopt the resolution in support of keeping the Mission Detox facility open and operational. Adopted by the City Council on 12/22/04 12:23 FAX 612 559 2559 MISSION DETOX SUBURBAN POLICE REQESTS AND ADMISSIONS REQUESTS ADMISSIONS 2002 421 317 75% 2003 497 354 71% 2004 343 228 68% 9mo) PLYMOUTH POLICE REQUESTS AND ADMISSIONS REQUESTS ADMISSIONS 50 41 82% 2003 2002 58 47 81% 2004 34 29 85% 9mo) SUBURBAN HOSPITAL REQUESTS AND ADMISSIONS REQUESTS ADMISSIONS 2002 225 173 77% 2003 206 145 70% 2004 172 116 76% 9imo) 2003 total incidents by moc and address 21 -DEC -2004 (13:51) page 1 of 2 CASE -NO MOC-CODE-PRI MOC-DESC-PRI LOCATION RD REPT-DATE CR040000018689 9 9303 LOST PROPERTY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/05/04 1C CR040000005169 9 9800 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/06/04 CR040000022212 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/27/04 CR040000031587 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/14/04 CR040000030943 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/11/04 CR040000041656 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/04/04 CR040000042756 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/10/04 CR040000056934 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/09/04 7C CR040000056122 9 9801 DOMESTICS 3409 MEDICINE LAKE BLVD RD, PLYMOUTH 23 12/03/04 1C CR040000000645 9 9802 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/05/04 CR040000001181 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/09/04 CR040000002295 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/16/04 CR040000008313 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/29/04 CR040000010502 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/15/04 CR040000010729 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/17/04 CR040000011736 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/23/04 CR040000014687 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/11/04 CR040000014708 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/12/04 CR040000015788 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/18/04 CR040000024724 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/03/04 CR040000028734 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/29/04 CR040000030787 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/10/04 CR040000033957 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/25/04 CR040000034451 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/28/04 CR040000034626 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/29/04 CR040000036232 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/06/04 CR040000041070 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/01/04 CR040000048680 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/17/04 CR040000050864 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/31/04 CR040000051238 MEDICALS 3409 MEDICINE LARK BLVD, PLYMOUTH 23 11/02/04 CR040000056385 MEDICALS 3409 MEDICINE LAR:E BLVD, PLYMOUTH 23 12/05/04 22C CR040000037539 9 9808 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/13/04 CR040000053115 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/15/04 CR040000053195 SUSP/INFORMATION 3409 MEDICINE LAP'E BLVD, PLYMOUTH 23 11/15/04 3C CR040000028244 9 9815 PUBLIC NUISANCE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/26/04 1C CR040000006685 9 9816 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/17/04 CR040000009189 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/06/04 CR040000013788 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/06/04 CR040000017893 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/30/04 CR040000021217 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/21/04 CR040000021365 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/22/04 CR040000024705 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/08/04 CR040000027850 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/24/04 CR040000036526 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/07/04 CR040000037203 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/11/04 CR040000044147 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/19/04 CR040000046755 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/05/04 CR040000050463 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/28/04 CR040000052231 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/09/04 total incidents by moc and address 21 -DEC -2004 (13:51) page 2 of 2 CASE -NO MOC-CODE-PRI MOC-DESC-PRI LOCATION RD REPT-DATE CR040000056414 9 9816 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/05/04 CR040000056527 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/06/04 16C t> CR040000041596 9 9820 911 HANGUP CALLS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/04/04 CR040000050852 911 HANGUP CALLS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/31/04 2C CR040000013990 9 9840 DETOX 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/07/04 CR040000043418 DETOX 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/14/04 2C t> CR040000018151 9 9901 WARRANT SERVICE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/02/04 CR040000037646 WARRANT SERVICE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/14/04 2C CR040000012994 9 9905 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/01/04 CR040000049975 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/25/04 CR040000054223 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/21/04 CR040000057277 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/11/04 4C CR040000026005 9 9906 TRAFFIC DETAILS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/14/04 1C CR040000048608 9 9908 NOISE ORDINANCE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/17/04 1C CR040000044832 A 5350 ASLT 5 -MS -INFLICT AT 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/24/04 1C CR040000037397 A 5352 ASLT 5 -MS -INFLICT BD 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/12/04 1C CR040000052790 A L352 ASLT-DOMESTIC-MS-INF 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/12/04 1C CR040000012634 N 3030 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/29/04 CR040000015663 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/17/04 CR040000036662 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/08/04 CR040000048230 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/15/04 4C CR040000010956 N 3190 DISTURB PEACE-MS-HAR 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/18/04 CR040000018047 DISTURB PEACH-MS-HAR 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/01/04 2C CR040000044453 P 1110 PROP DAMAGE-FE-PRIVA 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/21/04 1C CR040000006117 T R159 THEFT -LESS 250 -MS -MO 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/12/04 1C CR040000018684 T R999 THEFT -LESS 250 -MS -OT 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/05/04 1C CR040000022250 V B021 VEH-501-2500-FE-THEF 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/27/04 1C total incidents by moc and address 21 -DEC -2004 (13:56) page 1 of 2 CASE -NO MOC-CODE-PRI MOC-DESC-PRI LOCATION RD REPT-DATE CR030000035008 9 9302 MISS PERSON/WALK/MSC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/11/03 1C CR030000001300 9 9540 OTHER ACCIDENTS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/11/03 CR030000006568 OTHER ACCIDENTS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/21/03 CR030000029389 OTHER ACCIDENTS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/04/03 3C CR030000004336 9 9800 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/03/03 CR030000007070 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/25/03 CR030000009999 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/21/03 CR030000013216 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/16/03 CR030000021897 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/17/03 CR030000034433 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/06/03 CR030000035107 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/11/03 CR030000034981 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/10/03 CR030000046351 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/03/03 CR030000047799 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/14/03 CR030000049515 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/29/03 11C CR030000000307 9 9802 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/03/03 CR030000000804 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/07/03 CR030000002225 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/18/03 CR030000002554 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/20/03 CR030000003763 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/30/03 CR030000005883 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/15/03 CR030000007298 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/27/03 CR030000009066 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/14/03 CR030000009993 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/21/03 CR030000010810 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/28/03 CR030000013841 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/22/03 CR030000014905 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/30/03 CR030000018068 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/24/03 CR030000020394 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/08/03 CR030000022010 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/18/03 CR030000023797 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/29/03 CR030000024767 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/06/03 CR030000025436 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/10/03 CR030000026282 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/15/03 CR030000031510 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/17/03 CR030000031951 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/20/03 CR030000032070 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/21/03 CR030000032941 MEDICALS 3409 MEDICINE LIKE BLVD, PLYMOUTH 23 08/26/03 CR030000035688 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/15/03 CR030000037765 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/29/03 CR030000040102 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/16/03 CR030000040187 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/16/03 CR030000041068 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/23/03 CR030000041294 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/24/03 CR030000042446 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/02/03 CR030000043125 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/07/03 CR030000048430 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/19/03 32C CR030000007444 9 9808 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/28/03 CR030000011857 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/05/03 CR030000040329 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/17/03 3C total incidents by moc and address 21 -DEC -2004 (13:56) page 2 of 2 CASE -NO MOC-CODE-PRI MOC-DESC-PRI LOCATION RD REPT-DATE CR030000001467 9 9816 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/12/03 CR030000002134 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/17/03 CR030000003425 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/27/03 CR030000004665 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/05/03 CR030000008023 HEALTH &WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/05/03 CR030000011162 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/30/03 CR030000012601 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/11/03 CR030000012617 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/11/03 CR030000017809 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/23/03 CR030000020524 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/09/03 CR030000024191 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/02/03 CR030000025916 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/14/03 CR030000026846 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/19/03 CR030000029258 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/03/03 CR030000033733 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/01/03 CR030000034396 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/06/03 CR030000039616 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/13/03 CR030000040137 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/16/03 CR030000041299 HEALTH & WELFARE 3409 MEDICINE LANE BLVD, PLYMOUTH 23 10/24/03 CR030000044521 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/19/03 20C CR030000012088 9 9817 JUNK CAR VIOL 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/07/03 1C CR030000005865 9 9822 FIRE ALRM/WATER FL A 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/15/03 1C CR030000038034 9 9840 DETOX 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/01/03 CR030000045031 DETOX 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/22/03 2C CR030000023743 9 9900 MISC OFFICER/INJ 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/29/03 1C CR030000005577 9 9901 WARRANT SERVICE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/13/03 CR030000041499 WARRANT SERVICE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/26/03 2C CR030000009981 A 5352 ASLT S -MS -INFLICT BD 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/21/03 1C CR030000029275 A 5353 ASLT S-MS-INFL OR AT 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/03/03 1C CR030000049436 A D353 ASLT S -GM -PRIOR CONV 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/28/03 1C CR030000015026 A L352 ASLT-DOMESTIC-MS-INF 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/01/03 1C CR030000033495 N 3030 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/30/03 CR030000041269 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/24/03 2C CR030000045286 U 399D FRAUD -MS -OTHER ACT -2 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/24/03 1C CR030000036574 V B021 VEH-501-2500-FE-THEF 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/21/03 1C CR030000038730 V E021 VEH-200 OR LESS -MS -T 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/06/03 1C CR030000044880 X 3080 CRIM AGNST ADMN JUST 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/21/03 1C total incidents by moc and address 21 -DEC -2004 (14:07) page 1 of 2 CASE -NO MOC-CODE-PRI MOC-DESC-PRI LOCATION RD REPT-DATE CR020000010605 9 9201 DAR/DAS/DAC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/25/02 1C CR020000012020 9 9302 MISS PERSON/WALK/MSC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/05/02 1C CR020000001781 9 9303 LOST PROPERTY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/14/02 CR020000035323 LOST PROPERTY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/12/02 2C CR020000011022 9 9313 FOUND PROPERTY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/25/02 1C CR020000001112 9 9540 OTHER ACCIDENTS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/05/02 1C CR020000040197 9 9701 ATTEMPTED SUICIDE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/19/02 1C CR020000000956 9 9800 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/08/02 CR020000011721 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/02/02 CR020000015127 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 04/30/02 CR020000022200 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/17/02 CR020000024383 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/01/02 CR020000025850 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/11/02 CR020000026222 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/13/02 CR020000044965 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/27/02 CR020000046485 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/10/02 CR020000048512 MISC PUBLIC 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/27/02 10C CR020000044782 9 9801 DOMESTICS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/25/02 1C CR020000000801 9 9802 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/06/02 CR020000001220 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/10/02 CR020000003443 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/27/02 CR020000004646 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/05/02 CR020000004881 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/07/02 CR020000006787 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/21/02 CR020000007722 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/01/02 CR020000009232 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/14/02 CR020000009356 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/15/02 CR020000010103 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/20/02 CR020000015096 MEDICALS 3409 MEDICINE LAi:E BLVD, PLYMOUTH 23 04/29/02 CR020000017276 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/16/02 CR020000020938 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/09/02 CR020000020945 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 06/09/02 CR020000025404 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/08/02 CR020000025423 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/08/02 CR020000029115 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/01/02 CR020000031365 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/16/02 CR020000031765 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/19/02 CR020000032083 MEDICALS 3409 MEDICINE LAKO3 BLVD, PLYMOUTH 23 08/21/02 CR020000035469 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/17/02 CR020000038801 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/08/02 CR020000039115 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/11/02 CR020000039246 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/11/02 CR020000039429 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/13/02 CR020000039434 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/13/02 CR020000039683 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/15/02 CR020000041552 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/30/02 CR020000041975 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/02/02 total incidents by moc and address 21 -DEC -2004 (14:07) page 2 of 2 CASE -NO MOC-CODS-PRI MOC-DESC-PRI LOCATION RD REPT-DATE CR020000042204 9 9802 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/04/02 CR020000042929 MEDICALS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/10/02 31C CR020000007425 9 9808 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/27/02 CR020000027543 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/22/02 CR020000032566 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/24/02 CR020000033782 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/01/02 CR020000039414 SUSP/INFORMATION 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 10/13/02 5C CR020000008780 9 9816 HEALTH & WELFARE 3409 MEDICINE LAKE' BLVD, PLYMOUTH 23 03/10/02 CR020000009033 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/12/02 CR020000009404 HEALTH & WELFARE 3409 MEDICINE LAKE; BLVD, PLYMOUTH 23 03/15/02 CR020000010450 HEALTH & WELFARE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 03/23/02 CR020000010529 HEALTH & WELFARE 3409 MEDICINE LAKE; BLVD, PLYMOUTH 23 03/24/02 CR020000020664 HEALTH & WELFARE 3409 MEDICINE LAKE; BLVD, PLYMOUTH 23 06/07/02 CR020000020682 HEALTH & WELFARE 3409 MEDICINE LAKE: BLVD, PLYMOUTH 23 06/07/02 CR020000021389 HEALTH & WELFARE 3409 MEDICINE LAKE; BLVD, PLYMOUTH 23 06/12/02 CR020000025699 HEALTH & WELFARE 3409 MEDICINE LAKE: BLVD, PLYMOUTH 23 07/10/02 CR020000035781 HEALTH & WELFARE 3409 MEDICINE LAKE: BLVD, PLYMOUTH 23 09/14/02 CR020000043063 HEALTH & WELFARE 3409 MEDICINE LAKE: BLVD, PLYMOUTH 23 11/11/02 CR020000044418 HEALTH & WELFARE 3409 MEDICINE LAKE: BLVD, PLYMOUTH 23 11/22/02 12C CR020000004327 9 9822 FIRE ALRM/WATER FL A 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/03/02 CR020000019365 FIRE ALRM/WATER FL A 3409 MEDICINE LAKE: BLVD, PLYMOUTH 23 05/30/02 CR020000028149 FIRE ALRM/WATER FL A 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 07/26/02 CR020000033424 FIRE ALRM/WATER FL A 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/30/02 4C CR020000019010 9 9836 OTHER ANIMAL COMP 3409 MEDICINE LAKE3 BLVD, PLYMOUTH 23 05/28/02 1C CR020000000379 9 9840 DETOX 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 01/03/02 1C CR020000039177 9 9901 WARRANT SERVICE 3409 MEDICINE LA103 BLVD, PLYMOUTH 23 10/11/02 CR020000046658 WARRANT SERVICE 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/11/02 2C CR020000045621 9 9905 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/02/02 CR020000048090 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/23/02 CR030000004308 ASSIST OTHER AGENCY 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 02/03/02 3C CR020000018434 A 5352 ASLT 5 -MS -INFLICT BD 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 05/24/02 1C CR020000100920 A A358 ASLT 4 -GM -DSM BD HRM 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 12/18/02 1C CR020000032544 F 106C ARSON 1-UNK COND-PUB 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 08/24/02 1C CR020000044897 N 3030 DISTURB PEACE -MS -DIS 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 11/26/02 1C CR020000035207 P 3130 PROP DAMAGE-MS-BUSIN 3409 MEDICINE LAKE BLVD, PLYMOUTH 23 09/11/02 1C Agenda Number: TO: Laurie Ahrens, City Manager FROM: Denise Hutt, PUNIPort Services Manager & Ji Barnes, Housing Program Manager through Anne Hurlburt, Community Development Director SUBJECT: Willow Creek North and South Apartments: Termination of Project -Based Section 8 Vouchers (For Information Only) DATE: December 20, 2004 for the City Council Meeting of December 28, 2004 Willow Creek North and South is a 240 -unit apartment project located at 235 and 125 Nathan Lane North. There are a total of 48 (24 in each building) Section 8 Project -Based vouchers in the complex. Since 1979, the tenants of these 48 units have been subsidized through the federal government to make their rents affordable at 30% of their income. Six of the units are handicap accessible and four tenants have lived in the building since it was constructed. In June of 2003, the owner of Willow Creek South apartments, Ted Bigos (Owner), informed HUD, the State, the HRA and the residents that he did not intend to renew the Project -Based Section 8 contract that was due to expire in one year. Mr. Bigos also informed MHFA verbally that he would be doing the same with the Willow Creek North Building in December of 2003. HUD requirements state that any owner wishing to exercise the right to "opt -out" of the Section 8 contracts at the end of there terms must provide a one year notification). These two contracts were ultimately joined into one contract by HUD with identical termination dates in June of 2004. The HRA staff took a two-pronged approach to this issue. We began discussions with HUD and the Minnesota Housing Finance Agency (MHFA) to preserving these contracts. We also began the process of applying for "Enhanced Vouchers" that would provide short term (1 year) assistance to the effected residents should the contracts not be renewed. In April of 2004, the HRA Board approved a $250,000 zero -interest equity loan to the Owner, which was supplemented by a $750,000 zero -interest equity loan provided by MHFA. The $1 million dollar assistance package would be made available to the owner provided he would agree to extend the existing contracts for an additional 5 -year term. As part of this process, the Owner applied to HUD for the Mark -Up -To -Market Program. This program allows owners of federally subsidized buildings to increase their rents to be more in line with the local market. In November of 2004, The HRA received notice that HUD was denying the Mark -Up -To -Market request. HUD denied the request because they (HUD) believed that both the Owner and the MHFA had agreed in writing to terminate the contracts. MHFA disputed this in saying that they never agreed to terminate the contracts and that would be contrary to the fact that they offered financial assistance. The MHFA along with the Housing Preservation Project, (HPP), the Plymouth HRA, the City of Plymouth and many housing advocacy groups lobbied HUD and our legislative delegates in Washington to reverse HUD's earlier determination, to no avail. On December 10, 2004, HUD affirmed their earlier decision not to renew the Project -Based Section 8 contracts. The HRA is currently working with HUD to receive the "Enhanced Vouchers". We currently have been awarded 24 vouchers and are awaiting the decision on the remaining 24 vouchers, which HUD has indicated will be approved. The vouchers will allow the residents to receive rent subsidies for a period of at least one year. We will know more about the terms of the "Enhanced Vouchers" once they have been received. Attached are copies of pertinent correspondence relating to this effort. ATTACHMENTS: 1. Correspondence rl0u c3 2004 11;44 FP MH DEPT HI ID Robert Odman Minnesota Housing Fiiance Agency 400 Sibley Street Suite 300 St. Paul, MN 55101 Dea-rMr, Odman: 612 370 30901 TO h,HFA P . 0 1 ; 0 . U.S. Department of !lousing and Urban Development irlinreapolis Field Ofta 920 SeooM Avenue South, Suite 1300 Minneapolis, Minnesota 55402-4D12 Nl0v 2 3 2004 prQUPl FORM 99 (7-90) FAX TRANSMITTAL i oiw9o , To From J n Dvpt.1/q,Cy P'Wtw Y G" J1 /0 Ate- Fan ! Fp M 6,1 2 370 3cagd NSN 7540-01 -317-73" 5089-101 GENERAL 81=9V1,^.E6 ADMt".VS P.ATION Subject: MN46-H162-136 NiN46-H162-210 Willow Cheek South Willow Creek North Plymouth, Minnesota Plymouth, Minncsota This is in response to vour request to renew the Section 8 Housing Assistance Payments HAP) contracts for the subject projects under Option 1-B of HUD's Mark -Up -To -Market program, HUD has the discretionary authority under Section 524 (a) (4)(C) of MAHRA (Multifamily Assisted Housing Reform and Affordability Act) to mark rents up to market for projects that meet certain criteria as described in Chapter 3 of the Section 8 Renewal Policy guidance. As noted in Chapter 3 of the guidance, we must send all requests for discretionary approval under Option 1-B to HUD Headquarters. Our memorandum dated July 13, 2004 requested HUD Headquarters to approve your request under Option 1-B. FEUD Headquarters advised us in writing on November 22, 2004, that in a case where the first party gives notice under paragraph 1.4 a of Part I of the HAP contract stating a desire not to renew and the other party agrees in writing that there shall be no renewal, the right to renew has been forfeited, and the projects are not eligible for MAFLRA. In view of the above, we must deny your request. If you have any questions, pleaae contact Bill fewett. Project Manager, ai (612) 3,70-3051 ext. 2242/PAX#370-3090/TDD#370-318 5. Very Sincere imva'id ,,,,;old ector Minneapolis, ,Multifamily HUB wwv,hud.gov wpanN hud,gov TOTaL PAGE.01 ** November 30, 2004 Howard Goldman Director, Minneapolis Multifamily HUB U.S. Department of Housing and Urban Development 920 Second Avenue South, Suite 1300 Minneapolis, MN 55402-4012 Subject: MN46-H162-136 MN46-1-1162-210 Willow Creek South Willow Creek North Plymouth, Minnesota Plymouth, Minnesota Dear Mr. Goldman, We respectfully request your immediate and expedited reconsideration of the request to renew the Section 8 Housing Assistance Payments (HAP) contracts for the above referenced developments under Option 1-B of HUD's Mark -Up -To - Market (MUTM) program. We acknowledge that HUD has the discretionary authority under Section 524 (a)(4)(c) of MAHRA (Multifamily Assisted Housing Reform and Affordability Act) to mark rents up to market for projects that meet certain criteria as described in Chapter 3 of the Section 8 Renewal Policy guidance. It is clear to us that HUD has the discretion to approve the renewal of these HAP contracts and we disagree that the right to renew under the MUTM program has been forfeited for these projects. Your letter of November 23, 2004 recites a portion of the language from paragraph 1.4 of Part I of the HAP stating that in the case where the first party gives notice under paragraph 1.4 of Part I of the HAP contract stating a desire to not renew and the other party agrees in writing there shall be no renewal, the right to renew has been forfeited, and the projects are not eligible for MAHRA". We did agree that the HAP contract was not required to be renewed under its current form, but we did provide ample evidence of the high level of Community Support for the renewal of the contract under Mark -Up -To -Market through the state and local commitment of $1,000,000 in interest free incentive loans in exchange for a commitment to renew the HAP payments under a new Mark -Up -To -Market Contract. Again we recognize that HUD has the discretion to renew this HAP contract, we request that HUD exercise that discretion by renewing the contract and preserving this valuable, economically integrated affordable housing in close proximity to employment and transportation opportunities just as the Minnesota Housing Finance Agency has exercised its discretion to invest over $25,000,000 to preserve FHA insured federally assisted housing. Again, your prompt review and approval of this requested reconsideration will be appreciated. Please contact me at 651.296.9821 or Sue Noren at 651.297.2554 if you have any questions regarding this request. Sincerely, Robert L. Odman Assistant Commissioner, Multifamily Cc: Senator Norm Coleman Representative Jim Ramstad Chris Goepfert, Housing Preservation Project Eric Hauge, HOME Line OCT 15 1998 13:56 FR HUD MN FCOS 612 370 3220 TO 97635095407 P.02 oW If * U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT I WASHINGTON, DC 20410-8000 ASSISTANT SECRETARY FOR HOUSING - FEDERAL NO COMMISSIONER DEC 1 2004 MEMORANDUM FOR: Howard Goldman, Director, Minneapolis Multifamily Hub, 5ICHMLA FROM: Woipearnmnoi eHofg Assistance and Grant Administration, SUBJECT: Proposal for Termination of Original Housing Assistance Payments HAP) Contracts in Order to Obtain Discretionary Mark -Up -To -Market (MUM) Approval Project Names: Willow Creek North and South Section 8 Nos. MN -H162-210 and MN -H162-136 This is in response to your memorandum of July 13, 2004, recommending that we approve the owner's proposal to terminate the existing HAP Contracts for both Willow Creek North and Willow Creek South, prior to full expiration, so that the owners may renew under the Discretionary Mark -Up -To -Market provisions of the Multifamily Assisted Housing Reform and Affordability Act MAHRA). The Department of Housing and Urban Development has determined that the proposal is not approvable. It is the Department's position that when the owner and the Housing Finance Agency HFA) follow the opt -out procedure prescribed in the. HFA HAP contract, which is identical in the old regulations § 1.4a and the new regulations § 1.2(b) form of HAP contract, the first party to give notice is stating a "desire not to renew," and the other party is "agreeing in writing that there shall be no renewal-" In a case where the parties exchange such notices, the right to renew has been forfeited, and the project is not eligible for MAHRA. This is consistent with the Department's policy of not approving early termination of non-MAHRA contracts for the purpose of marking the rents up to market. A short-term extension may be necessary to protect the tenants. In addition, let me know if you need my assistance in expediting the process of obtaining enhanced vouchers. Should you have any questions please contact Eloise May, Housing Project Manager, at 202) 708-3000, extension 2651. www,hud.gov espanol.hud.gov TOTAL PAGE.02 ** December 8, 2004 Howard Goldman J. I CITY OF PLYMOUTH+ Director, Minneapolis Multifamily U.S. Department of Housing and Urban Development 920 Second Avenue South, Suite 1300 Minneapolis, MN 55402-4012 Subject: NIN46-H162-136 MN46-H162-210 Willow Creek South Willow Creek North Plymouth, Minnesota Plymouth, Minnesota Dear Mr. Goldman: The Housing and Redevelopment Authority in for the City of Plymouth, Minnesota, (HRA) respectfully requests that you reconsider your previous action to renew the Section 8 Housing Assistance Payments (HAP) contracts for the above mentioned developments. The HRA along with the Minnesota Housing Finance Agency are committed to this endeavor and we have collaboratively committed $1,000,000 in interest free incentive loans in an exchange for a recommitment of the HAP payments under a new Mark -Up -To -Market Contract. Affordable housing is extremely limited in the City of Plymouth and we as a community believe the preservation of existing affordable units is the most effective way to continue to provide safe, decent affordable housing in our city. If these contracts are not renewed, the households receiving; this much needed assistance will be put in a position of not knowing if HUD will continue its commitment from year to year. This places an extreme burden on these households emotionally and possible financially, that may result in their lose of affordable housing. Again, we ask that HUD reconsider their decision in this matter. Please feel free to contact me at (763) 509-5401 or Jim Barnes at (763) 509-5412 if you have any questions regarding this request. Respectfully, Arme W. Hurlburt Executive Director Housing and Redevelopment Authority in and for the City of Plymouth, Minnesota Cc: Senator Norm Coleman Representative Jim Ramstad Robert L. Odman, MHFA PLYMOUTH 11 B t u Pla e to Liveeaua c 3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (763) 509-5000 o _'' www.d.plymouth.mn.us Minnesota. Housing Firlance Agency 400 Sibley Street, Suite 300, St. Paul, MN 55101 651.296.7608 try 651.297.2361 December 8, 2004 Mr. Jack Cann Housing Preservation Project 570 Asbury Street, Suite 105 St. Paul, MN 55104 Re: Willow Creek North and Willow Creek South Dear Mr. Cann: DEC 1 0 2004 800.657.3769 www.mhfa.state.mn.us Commissioner Marx has requested that I respond to your, letter of December 6, 2004. It is the position of the Minnesota Housing Finance Agency (MHFA) that the owner of Willow Creek North and Willow Creek South provided proper notice of his intent to not renew the Housing Assistance Payments (HAP) contracts for both properties and that he had the unilateral right to terminate the contracts. We further assert that the owner of the Willow Creek properties is eligible for Mark -Up -To -Market (MUTM) and that it is the desire of the MHFA to preserve both of these project based Section 8 HAP contracts for at least an additional five years as evidenced by our offer of preservation incentives. We disagree with the U.S. Department of Housing and Urban Development (HUD) general counsel draft opinion that HAP contracts executed prior to February 28, 1980, under the HFA set-aside program terminate upon prepayment of the underlying HFA mortgages. As noted in your letter we have requested HUD reconsideration of the MUTM decision for Willow Creek North and Willow Creek South and are awaiting their response. Sincere o rt . d Assistant Commissioner, Multifamily RLO:smm cc: Howard Goldman, HUD Jim Barnes, Plymouth Housing and Redevelopment: Authority Your Housing Resource of Choice Equal Opportunity Housing and Equal Opportunity Employment