HomeMy WebLinkAboutCity Council Packet 07-08-2003CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
JULY 8, 2003, 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
5. APPROVE AGENDA—Councilmembers may add items to the agenda including items
contained in the Council Information Memorandum for discussion purposes or staff direction
only. The Council will not normally take official action on items added to the agenda.
6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one
motion. There will be no separate discussion of these items unless a Councilmember or citizen
so requests, in which event the item will be removed from the Consent Agenda and placed
elsewhere on the agenda.
6.01 Approve proposed City Council Minutes
6.02 Approve disbursements (Res2003-290)
6.03 Approve preliminary plat, final plat, interim use permit, conditional use permit, site
plan and variances for "Annapolis Town Office Park", a 16 -unit office development to
be located on the southeast corner of 34th Avenue North and Annapolis Lane North.
Da Vern, Inc. (2003026 – Res2003-291 & Res2003-292)
6.04 Approve Amendment to Section 910 of the City Code Regarding Swimming Pools
Ord2003-20)
REGULAR COUNCIL MEETING
July 8, 2003
Page 2
6.05 Approve refunding of housing revenue bonds for Regency Pointe (Harbor Lane)
Apartments (Res2003-293)
6.06 Approve special law amendment relating to the Firefighters Relief Association's By -
Laws to permit adoption of ancillary disability benefits Res2003-294)
6.07 Authorize Request for Proposals for Architectural Services for Public Safety Building
renovation/expansion (Res2003-295)
6.08 Receive petition for street improvements and order Preliminary Engineering Report
for Burl Oaks Neighborhood (Res2003-296)
6.09 Approve and accept Federal Assistance to Firefighters Grant Program and approve
purchase of equipment (Res2003-297)
6.10 Accept donation of "Plymouth Pacesetter" decals (Res2003-298)
6.11 Accept donation of material for the "Wave, Wait and Walk" Crosswalk Program flags
Res2003-299)
6.12 Approve payment to Town and Country Homes for construction of public
improvements according to the Harvest Hills Development Contract (Res2003-300)
6.13 Approve lease agreement with Plymouth Historical Society (Res2003-301)
6.14 Approve Police Captain position, which would replace an existing Police Lieutenant
position (Res2003-302)
REGULAR COUNCIL MEETING
July 8, 2003
Page 3
6.15 Authorize acceptance of a trail easement donation at 3601 Lancaster Lane (Four
Seasons Villa Apartment) (Res2003-303)
7. PUBLIC HEARINGS
7_1 Hearing on application for off -sale 3.2 malt liquor license for RBF Corp. of
Wisconsin for Rainbow Food Store at 16705 County Road 24 (Res2003-304)
8. GENERAL BUSINESS
8_1 Approve "All -Way" stop at Lawndale Lane and Medina Road (Res2003-305)
8_2 Consideration of Michelle Brousseau/Appeal of Staff Interpretation of Conditions on
Setback Variance for Cantilever Addition (2002145 — Res2003-306)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
DATE: July 3, 2003
TO: Mayor and City Council
FROM: Dwight D. Johnson, City Manager
SUBJECT: Summary of Agenda Items for July 8, 2003
Note: Mayor Judy Johnson will be absent from this meeting. Deputy Mayor Sandy
Hewitt will be presiding.
6.05. Housing refunding bonds for Regency Pointe. This was preliminarily approved
in April, but we did not approve the final resolution at that time. This item will be the
final approving resolution.
6.06. Firefighter Relief Association by-laws. This item will get Plymouth firefighters
as other firefighters throughout the state, as authorized by the 2003 Legislature. It will
have no material impact on the fire pension fund.
6.07. RFP for architect for Public Safety. The council is requested to approve the RFP
so that we can actually solicit proposals from architects. The timeline would have us
have an architect in about two months.
6.08. Street improvement petition from Burl Oaks. This is one of several
neighborhoods that may petition us to move up their neighborhood on the reconstruction
schedule. Financially, bonding for street improvements for 2003 and 2004 leaves us with
some funds to consider this project, but the intent of this item is simply to order a
preliminary engineering report so we can find out more about the possible costs and
needs in this area.
6.09. Approve federal grant program for Fire Department. This is not a new grant,
but rather the previous grant for SCBA (self contained breathing apparatus) equipment
that we were informed was approved which helped us balance our 2003 budget. We
cannot find in our records where the Council officially authorized our signatures on a
grant agreement.
DATE: July 3, 2003
TO: City Council through
Dwight D. Jonsson, City Manager
FROM: Lam! Daniel L. Faulkner, P.E. Director of Public Works
SUBJECT: PROJECT TRACKING REPORT AS OF JULY 3, 2003
Please find attached the updated Project Tracking Report, the purpose of which is to keep
the City Council informed on the current status of active and pending construction
improvement projects. Updates are noted in green.
attachment: Project Tracking Report
O\E.,,.ec,,n,\PROMCTSTIojed Tracking\MEMOS\Profen Tr &mkR, 7 J UJ.doc
Page 1 of 4 inckM, 11.,,l7.1x
Project Tracking Report
Updated as of July 3, 2003
Project
Start Date
Preliminary
Report
Date
Ordered/
Approved
Date
Plans
Approved
Date
Bid
Awarded
Date
Project
Started
Date
Substantial
Completion
Date
Project
Finaled
Total
Cost
Current
Notes
DRAINAGE PROJECTS
Medicine Lake Water Oualitv Ponds Temporarily on hold pending discussions
2037 re: BCW MC funding.
Plan Nov -02 May -03 Jun -03 Jul -03 Aug -03 Winter -03 Winter -03 $516,000
Actual or Current Estimate Nov -02 May -03 Jun -03 Jul -03 Aug -03 Winter -03
Weston Lane .3104 1Purchase/resell property
Plan Spr-03 Apr -03 Apr -03 Jul -03 Ju1-03 Aug -03 Summer -03 $200,000 Storm Sewer Lift Station solution.
Actual or Current Estimate Mar -03 Apr -03 Apr -03 Jul -03 Jul -03 Aug -03 57,700 Still waiting for final design, will consider purchase
of home after recent flooding.
Jonquil/Ives Swale - 1044 Original project complete.
Plan n/a We Jun -02 Jul -02 Jul -02 I Sep -02 Summer -03 $49,000 Council met with residents 6/3/03, residents
Actual or Current Estimate n/a n/a Jun -02 Jul -02 Aug -02 Sep -D2 50,000 to come back with ideas of their own. Street Dept.
purchasing storm sewer trash guard. Contractor
to reestablish eroded areas and install trash guard
7/03
Plymouth Creek Channel - 3105 SRF to review over next few months
Plan Mar -03 Mar. 03 Summer- 03i Dec -03 I Dec -03 Dec -03 Winter -03 $1DD,000 Channel work - Winter 3/04.
Actual or Current Estimate Mar- 03 Winter .04 Summer- 031Jan- 04 1 Jan- 04 Jan- 04 1 Jan -04 DNR & watershed approval required.
I
STREET AND ROAD PROJECTS
CR 61 -HC Road Proiect - 9004 Remaining road work is in Maple Grove and
Plan Nov -98 Feb -99 Spring -00 Spring -00 May -00 Nov -00 Plymouth is completed.
Actual or Current Estimate Nov -98 Feb -99 Jun -01 Aug -01 Sep -01 Nov -01 Jul -03 $7,300,000 Bituminous wear course is completed.
CR 101 - HC Road Proiect - 9005 Remaining items:
Plan Oct -99 Oct -99 I May -00 Apr -01 May -01 Sep -01 boulevard restoration is ongoing.
Actual or Current Estimate Oct -99 Oct -99 May -00 Apr -01 May -01 Jul -03 Aug -03 $9,587,000 Bituminous trails and final wear course are
completed.
CR 61 -HC Road Proect Landsca a City Landscape Project
9004 Landscape 11/02. Replacement
Plan n/a Jun -01 Feb -02 Mar -02 May -02 Jun -02 Sep -03 26,000 trees 7/03
Actual or Current Estimate n/a July -01 Mar -02 Apr -02 Oct -02 Oct -02 Jul -03 36,000
CR 101 - HC Road Proiect Landscape City Landscape Project
9005 pond to be completed July 03.
Plan E n/a Nov -00 Sep -01 Apr -02 May -02 Sep -02 Jun -03 $136,000 Plantings 80% completed.
Actual or Current Estimate n/a Nov -DO Au -02 Se -02 Oct -02 Jul -03 Aug -03 $138,D00
Page 1 of 4 inckM, 11.,,l7.1x
Project
Start Date
Preliminary
Report
Date
Ordered/
Approved
Date
Plans
Approved
Date
Bid
Awarded
Date
Project
Started
Date
Substantial
Completion
Date
Project
Finaled
Total
Cost
Current
Notes
Nathan Lane -1014 Final restoration 6/03. Contractor has
Plan Mar -01 Oct -01 Feb -02 Mar -02 May -02 Oct -02 Nov -02 $2,100,000 filed a "delay" claim lawsuit. City Attorney,
Actual or Current Estimate Mar -01 Nov -01 Mar -02 May -02 Jun -02 Dec -02 Jun -03 through LMCIT, has filed legal papers.
Old Rockford Road/Peony Lane - 2009 Signal estimated completion 7/03
Plan Mar -02 Jun -02 Aug -02 Sep -02 Sep -02 May -03 Jul -03 730,000 Interim construction design.
Actual or Current Estimate Mar -02 Jun -02 Aug -02 Sep -02 Oct -02 May -03 Jul -03 270,000 Tum lane & markings not started.
Old Rockford Road Trail -2010 Striping/crosswalks & final restoration are
Plan Apr -02 May -02 Jun -02 Jul -02 Aug -02 Sep -02 Jul -03 $212,000 completed. Final restoration 7/03
Actual or Current Estimate Mar -02 May -02 Jul -02 Aug -02 Sep -02 Nov -02 Jul -03
2003 Street Reconstruction - 3101 Curb & gutter 95% completed. Excavation
Plan Dec -02 Feb -03 Mar -03 Apr -D3 May -03 Sep -03 Jun -04 $1,700,000 continuing on cul -desacs off 39th Avenue.
Actual or Current Estimate Dec42 Feb -03 Mar -03 Apr43 Jun -03 Sep -03 Jun -04 Phase I bituminous base paving completed 6124/03.
Curb crew returning week of 6/30/03. Total project
is 30% complete.
Peony Ln./ Troy Ln. Paving -1029 Restoration complete 6/24/03. Punch list items
Plan Jun -02 Aug -02 Aug -02 Sep -02 Sep -02 Fall -02 Spring -03 $415,000 remaining.
Actual or Current Estimate Jun -02 Aug -02 Aug -02 Sep -02 Sep -02 Fall -02 Spring -03
Schmidt Lake Road Bridge & Street Pilings completed. Grading still in progress.
2021 Abutments 35% complete.
Plan May -02 Jun -02 Nov42 Jan -03 Mar -03 Nov -03 Jun -04 $2,900,000
Actual or Current Estimate May -02 Jun -02 Nov -02 Jan -D3 Apr -03 Nov -03 Jun -04
Lancaster Lane Trail and Bids opened 7/1/03. Award contract at 7/22/03
Forcemain (3107 &3114) City Council meeting.
Plan Feb -03 Mar -03 Jun -03 Summer -03 Summer -03 Sep -03 Fall -03 $125,000
Actual or Current Estimate Feb -03 Mar -03 Jun -03 Summer -D3 Summer -03 Sep -03 Falk03
Mill & Overlay (2002&20M2003) Construction started 6/30103
Plan Aug -02 Aug -02 Apr -03 May -03 Jun -03 Aug -03 Oct -03 $471,000
Actual or Current Estimate Aug -02 Aug -02 Apr -03 May -03 Jun -03 Aug -03 Oct -03
TRAFFIC SIGNAL PROJECTS
CR 9 & 36th Ave./Dunkirk Ln. Traffic Signal being designed by
2042 Hennepin County.
Plan Appr-03 May -03 Jun -03 Aug -03 200,000 Low bidder Ridgedale Elm. - $131,000.
Actual or Current Estimate Apr -03 May -03 Jun -03 Aug -D3 163,500
i
CR 9 & Old Rockford Rd./Polaris Ln. Traffic Signal being designed by
2043 Hennepin County.
Plan Apr -03 May -03 Jun -03 Aug -03 100,000 Low bidder Ridgedale Elec. - $125,000.
Actual or Current Estimate Apr -03 May -03 Jun -03 Aug -03 163,500
Page 2 of 4 T—ft Repo, 7-3x
Project
Start Date
Preliminary
Report
Date
Ordered/
Approved
Date
Plans
Approved
Date
Bid
Awarded
Date
Project
Started
Date
Substantial
Completion
Date
Project
Finaled
Total
Cost
Current
Notes
Vicksburg Lane & Schmidt Lake Rd. Traffic Signal
3116 2003 CIP not yet authorized.
Plan Council 5/27/03- Receive SJR and
Actual or Current Estimate order plans and specifications. Plan approval
to be requested 7/22/03
WATER & SEWER PROJECTS
Old Rockford Road/Hwy. 55 Utilities Sewer has been completed.
1033 Watermain complete. Sanitary sewer
Plan Aug -01 Oct -01 Jan -02 Feb -02 Apr -02 Jul -02 Oct -02 520,900 on south side Hwy. 55 Completed. Testing of
Actual or Current Estimate Aug -01 Feb -02 Nov -02 Feb -03 Mar -03 Jun -03 Jul -03 694,000 utilities & restoration of land. Testing completed.
Highway 55 frontage road paving expected by 7/03
Well No. 14 - CR 9 and Lancaster Lane Site plan has been submitted to City for review.
2027
Plan Mar -03 Mar -03 Jun -03 Jul -03 Fall -03 Spring -04 Spring -04 1,000,000
Actual or Current Estimate Mar -03 Mar -03 Jun -03 Jul -03 Fall -03 Spring -04 Spring -04
Well No. 15 - Nathan Ln. So. 45th Ave. Site plan has been submitted to City for review.
2039
Plan Mar -03 Mar -03 Jun -03 Jul -03 Fall -03 Spring -04 Spring -04 900,000
Actual or Current Estimate Mar -03 Mar -03 Jun -03 Jul -03 Fall -03 Spring -04 Spring -04
North Storage Facility City staff working on RFP.
Vicksburg Reservoir -3106
Plan Fall -03 Fall -03 5,600,000
Actual or Current Estimate
Water Treatment Plant RFP due 5/12/03 prepared by
Improvements -2032 Howard R. Green Company. Four RFPs
Plan Jun -03 Sept -03 Mar -04 May -04 Jun -04 May -05 6,900,000 reviewed, BRA and SEH interviewed 6/3/03
Actual or Current Estimate Jun -03 Sept -03 Mar -04 May -04 Jun -04 May -05 15,300,000 Selection committee to recommend SEH
and contract to Council 7/22/03.
Lift Station Upgrades Part of the new sewer mte
Plan Consultant not yet retained.
Actual or Current Estimate First priority is Lancaster Station .
Telemetry System - 3119 Jul -03 Jul -03 Aug -03 Sep -03 Oct -03 Upgrade of outdated system of radio wave
Upgrade for 16 lift stations communication between sewer lift stations and
Plan Central Plant.
Actual or Current Estimate
Page 3 of 4 ww,v9,1..en,,Mr*d .JW n..Fm® R.,. L7 3A.
Project
Start Date
Preliminary
Report
Date
Ordered/
Approved
Date Date
Plans Bid
Approved Awarded
Date
Project
Started
Date
Substantial
Completion
Date
Project
Finaled
Total
Current
Cost Notes
Trunk Sewer - 3106 2003 01 Project to be constructed by
Extension from Maple Grove to Maple Grove to serve Plymouth MUSA area in
Plymouth city line east of Vicksburg Elm Creek Watershed. Bid received by
Plan Jul -03 Maple Grove 6/11/03
Actual or Current Estimate
OTHER AREA PROJECTS
St. Hwy. 55 Mill &Overlay MN/DOT project
Plan Jul -03 Fall -03 TH 55 west of Old Rockford Road to 1-494
Actual or Current Estimate Jul -03 Fall -03 Preconstruction meeting 713/03
Mooney Lake Outlet (8019) Minnehaha Creek Watershed Dist.
Plan Jun -03 MCWD) accepted Preliminary Report 6/26/03.
Actual or Current Estimate
Page 4 of 4 T.,Wg R•R•0. 7.3A
Major Goals and Issues List
Updates as of July 2003
Bold = New since last report
max."il;.. .;
1. Implement Public Safety Initiatives: City Council received public safety building needs report on May 13. July 8
Staffing, building, equipment, City Hall building needs and parking assessment also completed. Authorize RFP
training, homeland security issues RFP for architectural services has been prepared and City Council
will consider on July 8. Proposals due Aug. 8.
Committees are also reviewing training, staffing, and equipment needs
with completion in June.
Establishment of Police Captain position to replace 1 lieutenant July 8
position going to City Council for consideration on July 8. Authorize Police
Captain position
City Council reviewed Fire Department staffing and needs assessment
report in December 2002.
Hiring process proceeding to fill new Fire Captain position.
2. Prepare for Financial Independence: City Council has approved bonding 2003 street reconstruction project. Aug. 26
Implement measures to mitigate Preparing bonding options for 2004 Street Reconstruction projects. Consider approval
state budget cutbacks. of bonding for
Review staffing needs. 2004 Street Recon.
Program
3. Consider funding for roads and Five-year street reconstruction plan presented as part of 2003 street
infrastructure. bonding proposal. More in-depth analysis to come.
4. Review City Center Plan and explore Study sessions relating to Dana Spicer property and possible addition to
opportunities for additional housing or City Center area held on March 4 and April 29. Housing considered as
mixed use projects in the area. part of development options. CSM working on application for
reguiding of Dana site to commercial. Submission expected in July.
HRA completed review of existing vacant sites in City Center for
possible housing/mixed use projects and decided not to pursue any
sites at this time.
5. Continue and evaluate traffic calming Wave, Wait, and Walk" pedestrian safety program approved for four
program. test intersections on April 8. Volunteers are currently monitoring the
sites and documenting the results.
6. Increase water supply capacity and Report to council made on April 8 on next steps. Consultant hired to July 22
consider drinking water taste/quality help manage the process. Committee of council/staff interviewed Approve eng. firm
improvements. engineering firms on June 3. Final recommendation to the City for water treat-
Council on July 22. ment plant
improvements
Annual Water System Report distributed the week of June 30.
7. Consider acquisition options of 10
playfield site and open space.
s ria SG r6 ma s rs «y. t Other Goals° w t"„ i.+y
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1. Consider conducting Citizen Survey Planned Fall project. Staff will report to council on alternative
approaches.
2. Partner with HRA on housing HRA working on Strategic Plan initiatives. To date in 2003, have
initiatives. assisted 8 first-time homebuyers and completed 4 rehab projects.
HRA adopted revised guidelines to the First Time Home Buyer
Program and Rehab Program in Feb.
Bond refunded for Plymouth Towne Square and housing revenue
bonds issued for Elim Care senior facility. Also assisted the City
with two bond refundings.
HRA entered into agreement for project-based Section 8 vouchers
for the Stone Creek Village apartment project to ensure affordability
of 8 units for 10 years.
Staff team formed to evaluate city regulatory policies that may affect
affordability. Report due in early 2004.
Staff reviewing various programs offered by MHFA to increase
resources.
0
Review finishing lower
Plymouth Creek Center.
e -government
Consider new environmental
initiatives.
was delayed until end of legislative session. Council will
consider whether to proceed with project on July 22.
Subscription service expanded to 12 service areas. Leisure Times
Catalog now on-line. Engineering Project Update is now on-line.
Council approved final plans for Parkers Lake Rock Weir project on
June 24 and will consider bid award in late July.
Presentation on May 13 by Three Rivers Park District on water quality
testing at various locations in the City.
Continue to support opt -out transit and Council considered possible transit grant on June 16. LSA Design
transit opportunities. proceeding with federal grant application for County Road 73 park
and ride improvement. Funds would be available for 2007-08
construction.
of ice On June 24, the Council authorized RFP for project architect. City
Attorney to negotiate letters of agreement with Providence and
Wayzata Hockey Assn. Staff to work on traffic issues with
neighborhoods and users of facility. Joint parking arrangements to
be pursued.
Consider project
July 22
Bid award on rock
weir project
Proposed Minutes
Special Council Meeting
June 24, 2003
Mayor Johnson called a Special Meeting of the Plymouth City Council to order at 5:30 p.m. in
the Public Safety Training Room, 3400 Plymouth Boulevard, on June 24, 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Slavik, Bildsoe, Neset, Stein,
and Black (5:40 p.m.).
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Finance Director
Hahn, Finance Manager Jacobson, Police Chief Gerdes, Community Development Director
Hurlburt, Public Works Director Faulkner, and City Clerk Paulson.
Meeting with Metropolitan Council Representative Roger Scherer
City Manager Johnson informed the Council that due to unforeseen circumstances, Mr. Scherer
is unable to meet with the Council this evening.
Review 2002 Audited Financial Statements
Kirsten Voss, Audit Partner with Deloitte & Touche LLP, discussed in detail the 2002 audited
comprehensive annual financial report, management summary of significant items, and
additional discussion on the various reports. She thanked the Council for reviewing the audit
prior to formal approval which would be on this evening's regular agenda.
Scheduling of Future Study Session Topics
The Council stated they would schedule a Study Session to meet with Metropolitan Council
Representative Roger Scherer at their next Study Session.
Adjournment
Mayor Johnson declared the meeting adjourned at 6:50 p.m.
Sandra R. Paulson, City Clerk
Proposed Minutes
Regular Council Meeting
June 24, 2003
Mayor Johnson called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in
the Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 24, 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt, Black, Slavik, Bildsoe, Neset,
and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Chief Kline,
Community Development Director Hurlburt, Police Chief Gerdes, Finance Manager Jacobson,
Public Works Director Faulkner, Park and Recreation Director Blank, City Attorney Knutson,
and City Clerk Paulson.
Plymouth Forum
There was no one present to address the Council).
Presentations and Public Information Announcements
4.01) Recognize City Programs cited for excellence at the League of Minnesota Cities
Annual Conference
Mayor Johnson reported that the City received the League of Minnesota Cities 2003 City
Achievement Award for innovation and excellence in Public Safety for the "Teens Driving Safe"
project and the 2003 City Achievement Award for innovation and excellence in citizen,
community, and youth involvement for the City's "Bridging the Gap" program.
Nancy Franke -Wilson and Lieutenant Goldstein discussed the "Teens Driving Safe" project.
They noted that the cities of Minnetonka and Maple Grove also partnered with the City with this
project.
Due to severe weather, a 10 -minute break was held.
4.02) Announcement of Millennium Garden Dedication
Park and Recreation Director announced the Hot Summer Jazz Festival on June 25 from 5:30
p.m. to 10:00 p.m. at the Hilde Performance Center.
He stated June 28 is the Music in Plymouth's 5k fun run, and June 29 is the dedication of the
Millennium Garden.
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 2 of 13
Councilmember Slavik encouraged everyone to attend this year's Music in Plymouth on July 2.
She announced that Mayor Johnson was elected First Vice President on the League of Minnesota
Cities Board.
4.03) Announcement of Plymouth Community Foundation
Councilmember Black announced the formation of a Plymouth Community Foundation. She
stated they have drafted a mission statement and they are beginning their fundraising efforts.
She stated the intent of the foundation is to raise money for needs within the community that are
unable to be funded through government and private organizations.
Approval of Agenda
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to
approve the agenda.
Motion was made by MMor Johnson and seconded by Councilmember Hewitt, to suspend the
rules in order to discuss item No. 8.2 after item No. 7.2. With all members voting in favor, the
motion carried.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
Consent Agenda
Motion was made by Councilmember Black and seconded by Councilmember Stein, to approve
the Consent Agenda, which included the followingitems:
6.01) Minutes from the June 10 Special Meeting, and June 10 Regular Meeting.
6.02) Resolution Approving Disbursements for the Period ending June 13, 2003 (Res2003-
274).
6.03) Resolution Accepting the 2002 Comprehensive Annual Financial Report and Audit
Res2003-275).
6.04) Resolution Approving A Fence Height Variance In The Front Yard For Michael Stiegler
And Sonja Savre For Property Located At 4115 Forestview Lane North (2003139 — Res2003-
276).
6.05) Resolution Approving A Preliminary Plat To Divide The Existing Parcel Into Two Lots
And A Variance For Lot Width For Property Located At 17335 County Road 24 North
2003045 — Res2003-277).
6.06) Resolution Approving A Conditional Use Permit For Pillar Homes To Allow An
Attached Garage Containing Over 1,000 Square Feet For Property Located At 700 Shadyview
Lane North (2003049 — Res2003-278).
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 3 of 13
6.07) Resolution Approving Payment to Senior Community Services (Res2003-279)
6.08) Resolution Approving Green Mill Restaurant's Application to Extend the Licensed
Premises for an Outdoor Event (Res2003-280).
6.09) Resolution Receiving Petition for Street Improvements and Order Preliminary
Engineering Report for 8h Avenue and Queensland Lane (Res2003-281).
6.10) Resolution Approving Change Order No. 1, Deep Well No. 6 Maintenance Project
Res2003-282).
6.11) Resolution Approving Plans and Specification s and Ordering Advertisement for Bids,
Parkers Lake Rock Weir, Storm Drainage Improvements, (2026 — Res2003-283).
6.12) Resolution Approving Tobacco License for RBF Corporation of Wisconsin d/b/a Rainbow
Foods, 16720 Co. Rd. 24 (Res2003-284)
Kirsten Vosen, audit partner with Deloitte and Touche, discussed the results of the 2002 fiscal
year. She thanked the Council for the opportunity to meet with them prior to this meeting in
order to discuss the audit and best practices.
The motion carried to approve the Consent Agenda.
Public Hearino
7.1) Vacation of a Perpetual Scenic Easement within the Plymouth Plaza Additions
Public Works Director Faulkner reported on the request to vacate a perpetual scenic easement
within the Plymouth Plaza Additions. He explained in order for the City to construct Well No.
14 north and east of Lancaster Lane and south of County Road 9, the scenic easement must be
vacated. He stated the easement was included in covenants placed on the property by Metram
Properties Company in 1979 over portions of the Plymouth Plaza Additions and part of vacated
County Road 9 right-of-way. He stated the owner of the Four Seasons Mall is in agreement with
vacating the scenic easement and has signed a Release of Declaration for Termination of the
Scenic easement and has granted an easement to the City for Well No. 14.
Mayor Johnson opened the public hearing for testimony.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to adopt a
Resolution Authorizing the Vacation of a Perpetual Scenic Easement Recorded under Document
No. 4467555, Exhibit B (Res2003-285). With all members voting in favor, the motion carried.
7.2) Off -Sale 3.2 Malt Liquor Licenses for RBF Corporation of Wisconsin d/b/a Rainbow
Foods Stores
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 4 of 13
City Clerk Paulson reported on the request of RBF Corporation of Wisconsin for On -Sale 3.2
malt liquor licenses for the Rainbow Food Stores located at 4190 Vinewood Lane North and
102006 1h Avenue North.
Mayor Johnson opened the public hearing.
There being no one wishing to appear before the Council to give testimony, Mayor Johnson
declared the public hearing closed.
Motion was made by Councilmember Slavik and seconded by Councilmember Bildsoe, to adopt
a Resolution Approving Off -Sale 3.2 Malt Liquor Licenses for RBF Corporation of Wisconsin,
d/b/a Rainbow Foods, 4190 Vinewood Lane North and 10200 6' Avenue North. With all
members voting in favor, the motion carried.
8.2) Consideration of Third Sheet of lee at the Plymouth Ice Center
Park and Recreation Director Blank reported on the request of Providence Academy and
Wayzata Hockey Association to expand the Ice Center with a third sheet of ice. He stated the
Council conducted Study Sessions on February 25 and April 15 with representatives of
Providence Academy and the Wayzata Hockey Association. The Council directed staff to
further review the financial, parking, wetland and traffic issues as well as having the Park and
Recreation Advisory Commission assess the need for the facility.
He stated regarding the financial projections, staff has estimated that the project would cost
approximately $4,639,884. Providence Academy has proposed funding of $1,250,000 and the
Wayzata Hockey Association has proposed funding of $625,000. He stated as the Council
directed, there would be no general funds involved. The City's funding would be $1,375,000
from the park dedication fund with the remaining portion of $1,389,884 to be financed by the
City over 15 years from the arena's new revenue from the third sheet of ice and a $5 per hour
user charge. He stated with the donations from Providence Academy and the Wayzata Hockey
Association, they would be funding 70% of the project, and the remaining 30% would be
financed by the City. He discussed the park dedication funds and stated the philosophy of the
park dedication funds is that there is no direct burden to the taxpayers in constructing park
facilities. He stated that the Council has authorized 10 projects that would be funded this year
with park dedication funds in the amount of $1.7 million.
He discussed the operating budget for the Ice Center and noted that this facility operates similar
to a business. The Ice Arena has made a profit every year since it has been in operation, and he
stated that last year, there was net revenue of $144,000 from the facility. He stated the third
sheet of ice would add net revenue, and the revenue bond would be paid back with interest over
15 years.
He stated regarding the parking concerns, based on the City Center zoning with an arena with
400 seats, 55 additional parking stalls would need to be constructed in order to be in compliance
with the Zoning Ordinance. He stated currently, there are 50 parking stalls that are being
constructed to the east of the Ice Arena and LifeTime Fitness. He indicated that under this
proposal, the City would construct 54 additional parking stalls to the east of the arena. The City
would meet and exceed the Zoning Ordinance requirements for parking by 40 spaces by
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 5 of 13
receiving credit for the 41 on -street parking stalls as allowed by the Zoning Ordinance. The City
would reserve the option to construct 57 additional parking stalls in the northwest corner of the
site. Staff recommends not constructing additional parking spaces unless there is a proven need.
Mayor Johnson asked about the height of the building. Park and Recreation Director Blank
stated the height of the addition would be at the same height or lower as the existing building.
However, the actual height wouldn't be determined until an architect is selected.
Park and Recreation Director Blank discussed the traffic concerns. He stated since the Ice Arena
opened in June 1997, there has only been one accident on 38th Avenue, Minnesota Lane, or
Orchid Lane. He stated 38th Avenue currently carries 1,200 vehicles per day, and the third sheet
of ice would generate approximately 10 additional trips during 15 game day event. Staff
recommends that the City continue to monitor this issue with the neighborhood after the third
sheet is opened and take appropriate action based on observed traffic behavior. He stated options
that could be considered would be the use of police officers to direct traffic at the conclusion of
certain events or barricading the street during peak traffic flow.
He stated regarding the wetland issue, with the parking being reduced on the east side of 69 to 51
cars, the City would meet the requirements for wetland buffers. The City's wetland ordinance
allows four buffers to be regraded and replanted with proper wetland mix. He stated the
Plymouth Creek wetland is a high quality wetland requiring a buffer from 40 to 60 feet wide
with an average of 50 feet. With the new parking layout, this would be met or exceeded. He
noted that all the water from the additional parking lot drains into NURP ponds for treatment and
not into the wetland. He stressed that the arena addition would be approximately 80% on
existing paved ground such as sidewalk, roadway, and parking lot.
He reported the Park and Recreation Advisory Commission reviewed this project at their May 8
meeting. After reviewing the data and conducting a public hearing, the Commission determined
that there is a need for a third sheet of ice. He noted that currently ice time at the Ice Center is
sold out. He spoke of a demand for adult ice time of the Ice Center, but that isn't available due
to the ice time being sold out.
He stated there are two options the Council could pursue. The first option would be to not
proceed with the project. The second option would be to proceed with the project by sending out
RFPs and selecting an architect, preparing site plan and preliminary design for the facility,
testing of the soils, and negotiating letters of agreement with Providence Academy and the
Wayzata Hockey Association for the amount of ice time they would be purchasing the next 15
years, which is the period of the revenue bond. He commented that currently it is a good time to
construct the facility as construction costs and interest rates are low. Staff's recommendation is
to proceed with the project.
Councilmember Bildsoe asked if there would be prime time ice available to adults and if so, how
that would affect the revenue. Park and Recreation Director Blank replied they would like to
pursue three more public skating sessions with one being on Saturday and two sessions being
during the week. He noted that only 1,000 to 1,200 hours of ice time would need to be sold in
order to make the projections.
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 6 of 13
Councilmember Slavik asked how many parking stalls would be lost due to construction. Park
and Recreation Director Blank replied 30 parking stalls would be lost.
Councilmember Slavik stated if that is case, the City would only be netting 25 parking stalls with
the construction of 55 new parking stalls.
Councilmember Slavik asked how staff was able to reduce the approximate cost of the facility
from the original plan. Park and Recreation Director Blank replied that was due to the
construction of 57 parking stalls. If those stalls would be needed in the future, the costs to
construct the stalls would be split between LifeTime Fitness and park dedication fees.
Councilmember Hewitt asked if there would be a need for a fourth sheet of ice in the future.
Park and Recreation Director Blank replied it wouldn't be feasible to construct a fourth sheet of
ice at this location.
Councilmember Stein stated if any park projects in the Capital Improvements Program would be
impacted if park dedication fees would be used for this project. Park and Recreation Director
Blank replied that staff isn't projecting to remove any park projects from the Capital
Improvements Program.
Councilmember Stein asked if the outdoor ice facilities are being utilized. Park and Recreation
Director Blank replied there are 11 outdoor rinks, but the usage and maintenance of those
facilities is based solely on the weather. He stated the mites league currently utilizes those rinks.
Councilmember Black asked what fund the $544,000 comes from for open space acquisition.
Park and Recreation Director Blank replied those funds come from the capital improvements
fund. He stated regarding the Northwest Greenway project, staff has been negotiating with
property owners, and it is projected that 20% of the cost to purchase property for the Northwest
Greenway would come from park dedication funds.
Councilmember Black stated during the winter months, there needs to be pedestrian access from
the parking bays on Plymouth Boulevard to the Ice Arena. She asked if there would be ample
contingency if there were over runs for substantial soil corrections. Park and Recreation Director
Blank replied they need to test the soils to determine if the projections are accurate.
Councilmember Black asked what kind of growth is anticipated for girls' hockey and how would
that impact adult usage. Park and Recreation Director Blank replied ice time isn't available for
adults until after 10:00 p.m., and he doesn't anticipate that trend to change. He stated there is
currently enough youth demand to totally sell out the facility on the first day the facility opens.
In addition, they sell 3,000 hours of ice time with the current rink and 1,200 hours of ice time
would be all they would need to sell in order to make the facility profitable and pay off the
revenue bond.
Councilmember Bildsoe commented that he believes park dedication funds are taxpayer funds as
the developer passes those costs onto the purchasers when lots are sold in a development.
Councilmember Johnson asked if staff could contact the businesses across Plymouth Boulevard
for the use of their parking spaces during the evenings. Park and Recreation Director Blank
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 7 of 13
stated staff has contacted Carlson Companies for the property across the street from LifeTime
Fitness and the Ice Arena; however, that building hasn't been constructed yet.
Mayor Johnson asked how the City would protect the park dedication funds if costs increase due
to unforeseen circumstances. Park and Recreation Director Blank replied the City Attorney
would draft an agreement with Providence Academy and the Wayzata Hockey Association that
once the contract is awarded, they would be obligated to fulfill their commitment for 15 years.
Dan Frederick, representing Providence Academy, stated they received an informal quote from
Kraus Anderson of $3.5 million for the facility. He stated when the project is bid, if the costs are
over $3.8 million, they are prepared to commit $1,250,000 for the over run in costs. If the costs
were below $4.6 million, Providence Academy would share those savings. He reiterated that a
third sheet of ice is greatly needed, and he noted the private financial commitment to this project.
He stated bond and construction costs are very low, and the City should take advantage of the
market. He requested the Council to proceed with the project.
Councilmember Black asked if the prevailing wage law would affect this project. Park and
Recreation Director Blank replied no.
Greg Gibson, representing Wayzata Hockey Association, 4300 Niagara Lane North, thanked the
Council and staff for all their time and efforts. He stated this is a unique opportunity to support
youth hockey. He reiterated that their association would commit $625,000 to the project. He
stated they are in the process of recruiting for a "girls only" hockey program. The goal of their
program is to retain the youth in their program from five years until they graduate. He noted that
they currently purchase ice time at other facilities not located in Plymouth, and they do compete
with the adult crowd after 10:00 p.m.
Councilmember Bildsoe asked if they would pay the $625,000 prior to construction. Mr. Gibson
replied $125,000 would be given to the City prior to construction.
Councilmember Slavik asked if the association is willing to make a 15 -year commitment to use
the facility. Mr. Gibson replied yes.
Laurene DeMuth, 14025 48th Avenue North, stated she has children in the hockey and figure
skating programs. She stated there are 70 members in the figure skating club, with 70% of them
residing in the City. They compete at the local, state, and national levels. She stated prime ice
time is extremely important to them. They currently purchase eight to 10 hours of ice time per
week September through May, and approximately six hours in the summer. She stated their
growth potential has stabilized due to the amount of ice time available.
Sally Rech, coach of the Plymouth Panda Figure Skating Club, stated they need ice time for the
youth to practice their routines. She stated the issue has been for the youth to skate before
school, which is very difficult. Therefore, they would benefit from more prime ice time. She
stated they have lost youth to other facilities where they can practice more times during the week
than they can at the Ice Center.
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 8 of 13
Councilmember Stein asked if there is a commitment for prime time ice usage for the figure
skating club. Park and Recreation Director Blank replied the City's policy for prime ice time is
based on the number of youth in the program.
GeorgeAnn Bestler Wenisch, 3850 Minnesota Lake, stated she is opposed to the proposed
facility due to congestion and traffic in the area, and she believes that the City Center should be
something more than a hockey hub. She believes that if there was more notice given to the public
about tonight's meeting, there would be more people in attendance who are opposed to the
project. She stated her biggest concern is the traffic on 37th Avenue. She stated she has
previously complained to the City about traffic enforcement issues, and they haven't been
addressed. She asked what would happen with the trail behind the Ice Center to the Hilde
Performance Center. She also asked who would absorb the cost of issuing revenue bonds and
the hiring extra police officers for traffic control at certain events.
Park and Recreation Director Blank replied the trail behind the Ice Center would be rebuilt.
City Manager Johnson stated the City would do an internal revenue bond issue where the costs
would be avoided in issuing the bonds.
Mayor Johnson asked if this neighborhood could be included in the City's Traffic Calming
Program. Public Works Director Faulkner yes. He added that it appears there is a problem with
traffic issues in this neighborhood regardless of the Ice Center. He stated that staff would work
with the neighborhood.
Greg Baulfield, 4600 Shenandoah Lane, stated he has no children who play hockey so he doesn't
have a direct issue or benefit from a third sheet of ice. However, the third sheet of ice appears to
be a genuine need, as it would remove stress on families. He noted that there is a broader public
appeal other than just from those who play hockey. He stated the Ice Center has been a solid
facility, and the Wayzata Hockey Association has had a strong legacy with the facility at Central
Middle School and their financial commitment.
David Gaither, 16500 45th Avenue North, stated this just issue isn't just about the Ice Center. He
stated due to the lack of ice time, youth are forced to play at other facilities not located in the
City. He stated Providence Academy and the Wayzata Hockey Association are private
organizations who are willing to fund 70% of the costs of the facility over a period of time that
would make revenue for the City. He stated these types of public/private partnerships would
probably continue in the future.
Franz Eisenbauer, 3960 Orchid Lane, stated he was originally opposed to the project; however,
he isn't as opposed now as no tax dollars are involved. However, he is concerned that the
facility is architecturally pleasing, and if there are over runs, Providence Academy and the
Wayzata Hockey Association share in the costs.
Greg Leinis, 4635 Weston Lane, stated he has children who are hockey players, and his concern
is the financial impact to the community. He stated the real question is if this project is a good
use of park dedication funds. He stated given the use and need and number of participants, he
requested the Council to proceed with this project.
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 9 of 13
Casey Whelan, 15268 62°
a Avenue North, stated he has children who participate in hockey. He
also spoke of the Wayzata Hockey Association's "girls only" program that his daughter
participates in. He stated a third sheet of ice is needed in order expand on the hockey
association's programs.
Roger Rutten, 3794 Yellowstone Lane, stated he cares about the development of youth and
having activities for them to participate in. He stated let the youth skate here, which would keep
the revenue in the community.
Laura Komarek, 14510 44th Avenue North, stated they view the Ice Center as their second home
as they converse with other players and watch hockey games when they are finished with their
practices. However, the late night practices aren't practical.
Nicki Haralson agreed that it's very difficult for youth to practice so late.
Luke Komarek, 14510 44th Avenue North, stated there is a commitment from the Wayzata
Hockey Association for the girls hockey program. He urged the Council to proceed with this
project.
Michael Letich, 4410 Glacier Lane, stated he is a member of the Youth Advisory Council. He
stated sports are a very good activity for the youth. He stated this would be a wonderful
opportunity to expand the facilities for this sport since there is a shortage of ice time.
Cheri Nispel, 14565 41St Avenue North, stated she has three sons who play hockey, and they
have met so many people in the community. She stated she resides off County Road 9, and she
understands the neighborhood concerns. She requested the Council to proceed with this project.
Mayor Johnson noted the correspondence that was received by the Council today from John
Kastner, 3415 Elm Creek Drive, Hamel.
Motion was made by Councilmember Black and seconded by Councilmember Bildsoe, to adopt
a Resolution Authorizing the staff to (A) to send RFPs and select an architect for the project; (B)
have architect prepare site plan and preliminary design for the facility and an updated cost for the
facility (soil tests would be necessary to complete this work); (C) City Attorney negotiates
letters of agreement with Providence Academy and Wayzata Hockey Association regarding the
timing of their donations and their rental of ice time at the arena; and (D) City staff works with
traffic issues with the adjacent neighborhoods and users of the facility.
Mayor Johnson offered a friendly amendment to the motion to include item "E" in the
Resolution that a committee be assembled to make sure the design of the facility would be
architecturally pleasing, and staff would aggressively seek parking arrangements with adjacent
businesses before constructing the additional 57 parking spaces in the northwest corner of the
site. This friendly amendment was accepted.
Councilmember Hewitt stated she appreciates the financial commitment from Providence
Academy and the Wayzata Hockey Association. She stated that everyone desires prime ice time,
and that would be an issue. She agreed with Councilmember Bildsoe that park dedication funds
are taxpayer dollars. She stated she realizes that interest rates are very low, but there would still
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 10 of 13
be costs with the internal revenue bond. She stated it would be profitable for the City to keep the
revenue for the use of ice time local. She commented that more hockey tournaments would
bring in more pedestrian traffic for the City Center area. She stated she does respect the
neighborhood's concern with respect to traffic concerns.
Councilmember Slavik stated the Council would still have the opportunity to review the final
costs and the soil testing results before formally approving this project. She offered a friendly
amendment to change item "C" of the Resolution to state, "City Attorney negotiates letters of
agreement with Providence Academy and Wayzata Hockey Association regarding the timing of
their donations and their rental of ice time at the arena and all cost over runs. "
Councilmember Slavik stated she would support putting up barricades to prohibit traffic through
the neighborhoods when there is a major event at the Ice Center. She stated she would support
whatever measures to discourage traffic through the neighborhood. She stressed the importance
of working with the neighborhood on these issues.
Councilmember Stein stated the three concerns that the Council previously had which were the
financing, parking, and impact to the wetland have been addressed. He stated the traffic
congestion would continue to be an issue, but this is an issue throughout the City. He expressed
his gratitude that 70% of the cost would be privately funded. He stated if police officers would
be hired for large events, that cost should be responsibility of the users of the facility. He
requested that there be consideration to provide more prime ice time for the figure skating
program.
Councilmember Neset stated he would support the motion even though there are still issues and
details to be worked out.
Councilmember Black stated she would support the motion. She stated there is a need for the
third sheet of ice, but she is more concerned about the long-term use of the facility. She
indicated that the traffic concerns with the neighborhood need to be addressed. She stated this is
a great public/private partnership, and City staff, Providence Academy, and the Wayzata Hockey
Association should be commended for their efforts. She noted that the Ice Center is the best
location to construct the third sheet of ice.
Councilmember Bildsoe stated he agrees with the comments of the Councilmembers. He stated
park dedication funds would be utilized for this facility, and this facility would be considered a
park. He stated this project is also a quality of life issue for the residents of Plymouth. He
thanked Providence Academy and the Wayzata Hockey Association for committing funds to this
project.
Mayor Johnson also thanked Providence Academy and the Wayzata Hockey Association. She
agreed with Councilmember Stein that traffic is an issue throughout the entire City. She stated
she would support the motion, and this is a great collaboration.
The Council voted on the amended main motion and with all members voting in favor, the
motion carried.
The Council took a five-minute break.
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 11 of 13
7.3) Tobacco Compliance Check Violation Hearing for Smokies, 17405 County Road 6
Lieutenant Goldstein stated this a first time tobacco compliance check violation for Smokies,
17405 County Road 6. He explained the administrative hearing was conducted, and the licensee
requested a hearing with the Council. He noted that at the time of the violation, the licensee
wasn't a member of the Best Practices Program. The licensee has agreed to the presumptive
penalty of a $500 fine, but disagrees with the five-day suspension.
Mayor Johnson opened the public hearing for testimony.
Lieutenant Goldstein stated the violation occurred on November 27, 2002 when an underage
buyer was able to purchase cigarettes. The clerks completed the sale without asking for
identification and age. The clerk plead guilty to a misdemeanor on January 17, 2003 and paid a
300 fine. He reiterated that the licensee agreed to pay the $500 fine but disagreed with the five-
day suspension.
Tarek Elmiligy, stated he was previously the operating manager at this establishment but is now
the new owner. He stated the sale of the business was completed on May 1. He stated he
disagrees with the recommended license suspension, as he would be serving this penalty for the
previous owner.
Councilmember Stein asked Mr. Elmiligy if he was responsible for training the employees on
identification checks. Mr. Elmiligy replied no.
Lieutenant Goldstein stated the City was informed that Mr. Elmiligy was in ownership
agreement during the violation. However, he is unsure of the status of the new corporation at the
present time.
Councilmember Stein asked if there would be another compliance check violation, would it be
the second violation. Lieutenant Goldstein replied yes.
There being no one else wishing to appear before the Council, Mayor Johnson declared the
public hearing closed.
Motion was made by Councilmember Stein and seconded by Councilmember Black to adopt a
Resolution Imposing a Civil Penalty Against Smokies for Tobacco Compliance Check Violation
500 fine with five-day suspension to be served over a 60 -day period) (Res2003-287).
Councilmember Slavik stated she wouldn't support the motion as the penalties are in place for a
reason.
Mayor Johnson agreed with Councilmember Slavik.
The Council voted on the motion and with all members voting in favor but Slavik, Bildsoe, and
Johnson, the motion carried.
General Business
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 12 of 13
8.1) Tobacco License Approval for Franks Merland Peli, Inc. d/b/a Smokies 2000, 17405
Co. Rd. 6 9100
Police Chief Gerdes stated if the proposed licensee isn't Franks Merland Peli, Inc., than staff
must receive a new application. Therefore, he requested clarification from the applicant.
Mr. Elmiligy stated he would be participating in the Best Practices Program.
City Attorney Knutson suggested that the applicant provide a copy of the articles of corporation
prior to the issuance of the license.
Motion was made by Councilmember Bildsoe, and seconded by Councilmember Hewitt, to adopt
a Resolution Approving Tobacco License for Franks Merland Peli, Inc. d/b/a Smokies 2000,
17405 County Road 6 #100, with the condition that articles of incorporation be provided to the
City prior to the issuance of the license. With all members voting in favor, the motion carried.
Reports and Staff Recommendations
9.1) Update on Issues Concerning Access to Glacier Vista
Public Works Director Faulkner discussed issues relating to the Glacier Vista development. He
stated this development was constructed by Nedegaard Construction (lying between The Reserve
and the east shore of Pomerleau Lake). The land for development was assembled from several
existing single-family homes, which were located on a private drive extending from Juneau
Lane. He stated there is only one access to Glacier Vista, from Cheshire Lane in The Reserve.
When the City approved the project, it was with the condition that the developer either negotiates
rights for an emergency access over the private drive, or install sprinklers in the new homes. The
developer and staff met with the landowners controlling the private drive to discuss the
emergency access. However, they were not willing to allow the access and the City could not
require them to allow it because it is a private drive.
He stated in December 2002, the City's Building Official sent formal notice to all agencies that
addresses of the existing homes on the new public street in Glacier Vista would be officially
changed form Juneau Lane to new numbers on Glacier Lane on June 1, 2003. He noted Arnold
Palmer voiced his concern when obstacles were put in place to prevent access from the private
drive (Juneau) this spring. They were concerned that they could no longer use the private drive,
and that they now had to take a circuitous route through The Reserve to travel to their home.
They noted that they were still receiving their mail in a box on Juneau Lane. They were also
concerned that emergency vehicles would not be able to locate their home and might not be able
to reach them because of construction and model home traffic on the roads leading to Glacier
Lane.
Police Chief Gerdes spoke of the security lock on Yucca Lane. If Cheshire Lane would be
closed, then the police would open the gate.
Proposed Council Minutes
Regular Meeting of June 24, 2003
Page 13 of 13
Mayor Johnson stated one of the biggest challenges is trying to travel through Cheshire Lane due
to the construction vehicles. She asked how the City is communicating with the contractor and
developer. Public Works Director Faulkner stated there are "no parking" signs displayed on
Cheshire Lane, and this regulation would be enforced. However, staff would notify the
contractor of this concern.
Dean Barkley representing the Palmers, provided photographs of Cheshire Lane being blocked.
He stated if a car is parked along Cheshire Lane, an emergency vehicle wouldn't be able to get
through as the road is only 12' wide. He noted the private easement agreement between the
Palmers and Mr. Nedergard, and they believe that Mr. Nedergard has violated the easement
agreement. He stated the Palmers are concerned about emergency vehicles having access to the
Glacier Vista development. He stated a berm was constructed, and that berm should be removed
in order that emergency vehicles can get through. He believes the City has the legal right to have
that road opened up according to the easement agreement.
Arnold Palmer stated there was a dispute between the Engstroms and the developer, and Ms.
Engstrom constructed a berm on their property. He stated with a section of Cheshire Lane being
closed, one should utilize Yucca Lane, but that road is difficult to find.
City Attorney Knutson stated that he would review the easement documents to determine
whether the City accepted the easement for the private road. He stated he would contact Mr.
Barkley after reviewing the documents.
Adiournment
Mayor Johnson adjourned the meeting at 10:57 p.m.
Sandra R. Paulson, City Clerk
Agenda Number:.l
TO: Dwight D. Johnson, City Manager
FROM: Dale E. Hahn, Director of Finance & Information Technology
SUBJECT: Disbursements
DATE: June 30, 2003 for the City Council Meeting July 8, 2003
1. PROPOSED MOTION: To adopt the attached resolution approving the disbursements for
the period ending June 27, 2003.
2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the
period ending June 27, 2003.
Anchor Bank
General & Special Revenue
Construction & Debt Service
Enterprise & Internal Service
Housing & Redevelopment Authority
GRAND TOTAL FOR ALL FUNDS
720,360.71
461,988.86
1,112,396.93
14,117.80
2.308.864.30
3. RECOMMENDATION: I hereby approve the attached listing of disbursements and
recommend same for payment.
CITY OF PLYMOUTH
RESOLUTION NO: 2003 -
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING JUNE 27, 2003
WHEREAS, a list of disbursements for the period ending June 27, 2003 was presented to the
City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the
following funds is approved:
Anchor Bank
General & Special Revenue 720,360.71
Construction & Debt Service 461,988.86
Enterprise & Internal Service 1,112,396.93
Housing & Redevelopment Authority 14,117.80
GRAND TOTAL FOR ALL FUNDS 2.308,864.30
Adopted by the City Council on July 8, 2003.
Invoice Expense Distribution for Period Ended 06/27/03
FUND 101 General Fund
201 Recreation Fund
203 Transit System Fund
204 Community Development Fund
205 Diasaster Donation Manage Grant
207 Economic Development Fund
220 Comm Dev Block Grant Fund
250 HRA Section 8 Fund
251 HRA General Fund
401 General Capital Projects Fund
402 Minnesota State Aid Fund
404 Building & Equipment Rev. Fund
406 Park Replacement Fund
407 Infrasturcture Replacement Fund
408 Project Administration Fund
409 City & Community Parks
410 Neighborhood Parks
411 Capital Improvement Fund
413 Capital Improvement Fund
414 Neighborhood Park Acq/Dev
415 2003 Street Reconstruction
421 Utility Trunk Fund
422 Unfinanced Imp Construction
425 Shenandoah Housing Imp. Area
426 Shenandoah Administration
428 Activity Center/Fieldhouse
440 Utility Trunk System Expansion
470 TIF # 7-1 (Const)
471 TIF # 7-2 O.S. (Const)
472 TIF # 7-3 P.O.S. (Const)
473 TIF #74 P.T.P (Const)
474 TIF Dev. Exp. Bonds 95 (Const)
475 TIF # 7-5 Rottlund (Const)
476 TIF #7-6 Continental (Const)
478 TIF #7-7 Stonecreek ('Const)
501 Water Fund
502 Sewer Fund
503 Solid Waste Management Fund
504 Recreation Facility Fund
505 Water Resources Fund
506 Activity Center Fund
507 Field House Fund
601 Central Services Fund
602 Central Equipment Fund
603 Risk Management Fund
604 Design Engineering Fund
605 Employee Benefits Fund
606 Information Technology Fund
607 Public Facilities Fund
720 Senior Housing Bond Trustee
730 1-494 Corridor Commission
542,666.85
12,513.00
91, 348.85
0.00
212.55
0.00
73,619.46
14,117.80
0.00
21,655.59
0.00
2,466.69
0.00
0.00
0.00
0.00
0.00
0.00
4,112.00
0.00
0.00
0.00
433,754.58
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
43,213.50
434,642.02
22,817.60
16,725.14
1,016.13
0.00
17.03
3,524.86
220, 969.99
14,074.62
662.00
87,460.24
246, 778.00
20,495.80
0.00
0.00
Total Invoice Expense Distribution: $ 2,308,864.30
Check Register
Date: 6/30/2003
Time: 10:15:43 AM
JF77COUNCIL REPORT - CHECK REGISTER
6/14/2003 Through 6/27/2003
Page 1 of 21
Vendor Name/
291.25
6-12-03 Bloodbome Class 75.00
Laptop to council AV syst inst
Invoice Amount Check # Check Amount
Invoice Description
60.00
American Fastener
A T & T Wireless
74.55 55720 74.55
Jun03 IT Help Desk 125.03 55719 125.03
ACF Industries
10.00 55721 10.00
40flats of red,blue,wh petun 466.04 55609 594.20
12 flats r,w,b petunias 128.16
55722 221.97
AICPA
8203/8204 Jacobson Membershp 150.00 55544 150.00
AVI Systems
291.25
6-12-03 Bloodbome Class 75.00
Laptop to council AV syst inst 2,029.19 55730 2,029.19
Adam's Pest Control, Inc.
60.00
American Fastener
Jun03 PC Pest Control 74.55 55720 74.55
Adams, Arletta
265.98 55723 $527.37
90deg 230.09
Park and Rec Refund 10.00 55721 10.00
Advanced First Aid Inc
Sales tax owed on defibrillato 221.97 55722 221.97
Afton Alps Ski Area
2-14-03 WCMS ski trip 393.55 55545 393.55
Airgas North Central
PD Medical Oxygen 19.78 55546 19.78
Alex Air Apparatus Inc
FS regulator leak repairs 494.27 55547 494.27
All Star Sports Inc
I cs Ice Paks 17.03 55548 51.09
2cs Ice Packs 34.06
American CPR & First Aid Inc
5-21-03 Manikin rnt1,CPR $302.00 55549 $1,218.25
6-9-03 Manikin rentals,CPR 291.25
6-12-03 Bloodbome Class 75.00
5-3-03 9 Infant CPR instr 315.00
5-17-03 5 Adult & Child CPR 175.00
5-27-03 4 Basic First Aid 60.00
American Fastener
12 Weld eye 132.12 55550 $132.12
American Fastener
Hex nipple hydrau/45deg 265.98 55723 $527.37
90deg 230.09
Rubber orin/head cap screw/hx 31.30
American Public Transportation
7-03/6-30-04 Assessment for Pt $1,000.00 55724 $5,657.00
7-03/7-04 Membership $4,657.00
American Red Cross Assoc.
Mainkin rentals $80.00 55551 $80.00
American Red Cross Assoc.
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Check Register Page 2 of 21
43 Aqua parent gd,CPR/AED,Swim $298.30 55725 $298.30
Ameripride
S Kroeger 6-17-03 Intoxil 5000 40.00 55731 $240.00
Public Works Uniform Rntl 436.01 55552 462.64
PC towel service 26.63
Thompson 6-18-03 Intoxil 5000 40.00
Ameripride
40.00
55558 11,013.01
Public Works Uniform Rntl 436.01 55726 462.64
Jun03 PC Towel service 26.63
Anderson Krey, Cynthia
15.00 55734 15.00
5-28/6-14 Pizza Hut Target P&R 69.60 55746 69.60
Anderson, Nancy
164.63 55559 164.63
6-12/6-13 Walgreens,Target,Piz 83.82 55658 83.82
Anoka County Parks & Rec
6-27-03 Dam Camp Wave Pool 200.00 55554 200.00
Aramark
Admin airpot clnr,brush 95.58 55555 95.58
Aramark
4 decaf,8 reg 234.00 55727 234.00
Armor Security Inc
PW 8 keys,I rekey 149.04 55728 185.04
PW Rekey lock 36.00
Arrow Terminal LLC
various parts 115.00 55729 115.00
Ascom Hasler Mailing Syst Inc
Jul-Sep03 Meter Rental 287.55 55772 287.55
BCA/Training & Development
S Kroeger 6-17-03 Intoxil 5000 40.00 55731 $240.00
Dahlson 6-4-03 Intoxil 5000 40.00
M Evans 6-4-03 Intoxil 5000 40.00
Kleist 6-3-03 Intox 5000 40.00
Thompson 6-18-03 Intoxil 5000 40.00
Swiatkiewicz 6-2-03Intox 5000 40.00
BDS
FS3 UniMac Washer&Extractor $4,970.36 55732 $4,970.36
BFI Waste Services
5-15/5-28 3 dumpsters/E Med, $897.09 55556 $897.09
Bachman's Inc
03 Arbor Day order $2,508.39 55733 $2,508.39
Baker, Robert J
03-26 Car Rental reimb $31.22 55844 $31.22
Barber Construction Co., Inc.
Prcj2006 408cy topsoil Mud Lk 5,712.00 55557 5,712.00
Barton Sand & Gravel Co.
5-19/5-30 363.44tn CL5,sand,W1 3,279.92 55558 11,013.01
6-2/6-10-03 889.29tn CL5,W1 7,733.09
Bass Lake Hills Townhomes
Jun03 HAP 15.00 55734 15.00
Becker & Bell
Contract coster 164.63 55559 164.63
Berkley Administrators
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Check Register Page 3 of 21
Jan-Feb03 Workers Compensation $3,990.00 55560 $9,975.00
Apr03 Workers Compensation $1,995.00
May03 Workers Compensation $1,995.00
Mar03 Workers Compensation $1,995.00
Bertelson Bros. Inc.
21.2V battery 1.77 55561 $371.80
30 video cassette,shears 88.16
Pens,ring index,binder dips, 23.21
3p certificates holders 22.82
2bx Ivory paper 74.34
Binder,view oring clips 10.84
Return 12 binders 62.63)
Irl seal tape,2dz pens 19.56
213x hgn portfolio 26.23
15pk AA battery 19.01
3ct p/out forms 148.49
Bertelson Bros. Inc.
Seals,laser label,env,rbrbnd 434.72 55735 $981.43
binder/flag index 9.14
lbx Itr portfolio 20.97
1 bx report cvrs 27.87
CD holder 24.89
1 pk photo paper 26.61
Laminate refill/xerox refill 132.52
Add ribbon/pop up pad/pens/pin 69.24
lbx env/dipboard 28.12
2 -laminate refill 112.29
12-binders/lct index mg 95.06
Bikram's Yoga College of India
4-27/5-25 Yoga classes 1,207.70 55646 1,207.70
Blue Waters Sailing School
2-13/5-22-03 Clsrm,on water sa 1,014.50 55562 1,014.50
Bolton & Menk Inc
Proj6449 signal justification 3,184.50 55563 3,184.50
Brookdale Chrysler -Jeep
1 Filter 119.10 55736 119.10
Bryan Rock Products Inc
5-22-03 170tn 3/4 minus 1,198.55 55564 1,198.55
C & H Distributors Inc
77 41 qt basket/We Recycle $477.79 55565 $477.79
CIGNA Behavioral Health
Jul-Sep03 EAP $1,372.50 55737 $1,372.50
CMS
5-14-03 Drug testing $90.00 55566 $90.00
CWH Research/Management Inc
4-22 PD Written test candidate $3,424.00 55567 $3,424.00
Calhoun -Isles Community Band
6-26-03 Concert Performance $150.00 55568 $150.00
Cayenta Canada Inc
5-24/5-31 MM5Upgrade $175.00 55738 $175.00
CenterPoint Energy/Minnegasco
4-18/6-1-03 Heat bill $12,890.93 55739 $12,890.93
Century Plumbing
3530 Vicksburg Ln Refund Permi $84.83 55740 $84.83
Cintas First Aid & Safety
IC Medical resupply $71.15 55741 $71.15
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Check Register Page 4 of 21
City of Maple Grove
May03 Dog Impounds $1,000.00 55569 $1,000.00
City of Plymouth
D Fournier PLEAA training $12.00 55571 $24.00
M Castonguay PLEAA training $12.00
City of Plymouth
Proj2039 Site plan,variance ap $400.00 55572 $400.00
City of Plymouth / Misc
P20032331 Luce Line grade perm $126.50 55573 $126.50
City of Plymouth/Permits-Misc
Proj2027 Site plan,variance ap $400.00 55570 $400.00
City of Plymouth/Sewer & Water
Hilde Center 5.39
Ice Arena/Irrig 119.90
Public Safety 106.48
Parkers Plyfld 166.82
Pavilion 151.08
Fire Station 2 132.12
Fire Station 1 92.80
Historical Society 5.39
Plym Creek Pk 105.90
Oakwood Pk 161.74
Lacompte Pk 86.62
Plym Jr Hi Plfyld 88.03
E Med Lake 33.92
City Center 339.96
Public Works 510.13
Metrolink/reserve 5.68
Zachary Pk 88.06
Fire Station 3 158.86
Bass Lk Plyfld 85.93
Ice Arena 826.42
Activity/Field House 473.26
Greenwood Pk 99.19
Elm Creek Plyfld 134.51
55574 3,978.19
Classic Asphalt&Sealcoating Co
Millenium pave walk path $4,481.00 55742 $9,159.00
Dog park excavate,culvert,lime $4,678.00
Coccoluto, Robert
Ref R200216757 Erosion18705 24 $1,000.00 55843 $1,000.00
Couisys
Imperial Hills lift station $3,630.45 55743 $3,630.45
Commercial Asphalt Co.
6-3/6-13 42.85tn 4 1 A wear $1,275.53 55575 $1,275.53
CompuCom
4 Wheel mouse 51.12 55576 51.12
Custom Business Forms
500 Peace Officer application 126.72 55744 126.72
Cwayna, Sara
Kinko's/Risk Watch posters 96.76 55687 107.26
Target/2bx Flavorice/Open Hse 10.50
Cynthia Cook Inc
5-25/5-30 24hrs Finance temp 396.00 55577 396.00
Cynthia Cook Inc
6-11/6-13-03 24hr Finance temp 396.00 55745 792.00
6-1/6-6-03 24hr Finance Dept 396.00
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Dalbec Roofing Inc
Pump House 4 roof repairs 1,355.32 55578 1,355.32
Dalco
22cs hand towel @ 22.76ea 547.11 55747 547.11
Danka Office Imaging/Ck Addr
May03 95 copier rental 140.00 55580 1,413.00
May03 2110A copier maintenance 1,273.00
Danka Office Imaging/Ck Addr
24 HX black toner 90OGM 1,214.10 55748 1,214.10
Darling, Marie A
6-8/6-10 Madison Conf lodge me 425.46 55644 425.46
Data Recognition Corporation
May03 UB postage 2,700.65 55749 2,700.65
Davy, Ann
Target/ 12 binder 12.40 55553 12.40
DeLaria's KFC
6-19-03 "Fresh Squeezed Countr 333.24 55581 333.24
Decatur Electronics Inc
2 Genesis II Radar Units 3,020.00 55582 3,020.00
Delano Sports Center Inc
Unit 398'04 Polaris All Terra 8,847.38 55750 8,847.38
Delta Dental
Ju103 Empl Dental coverage I3,658.30 55751 13,658.30
Dragonfly Gardens
Var plants/Parkview Garden 1,303.00 55583 1,303.00
Dresser Trap Rock Inc
194.30tn TR Sand/Proj9903 2,491.19 55584 2,491.19
Driveway Design
5-28/5-29 17cy Topsoil 197.34 55585 1,887.50
5-26/5-29 85cy+5deliv sand/dir 1,690.16
Dynamex
5-28 Springstead 27.10 55586 27.10
Dynamex
5-30 Deloitee touche 17.50 55753 17.50
ESRI Inc
Maint primary,secondary Archvi 5,561.80 55754 5,561.80
ESS Bros.
3 307x3-/2" adj ring 338.67 55587 338.67
ESS Bros.
4 309x3 1/2 ci adj ring/spr gl 464.34 55755 2,454.29
4 309x3 1/2 adj ring,glue 451.56
4 309x3 1/2 adj ring,glue 477.12
3 3090 1/2 adj ring,glue 364.23
4 3090 1/2 adj ring,glue 477.12
801 frame 106.50
6-Hdpe adj ring 113.42
Earl F. Andersen, Inc.
6" street sign plates 51.97 55756 142.50
12x18 symbol prking/single arr 90.53
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Eide, Steve
Park and Rec Refund $45.00 55589 $45.00
Electrical Installation & Mnt
676.01 55824 676.01
35thNicksburg rplc T -base 125.00 55757 26,600.00
Proj2009 #3 Peony Ln/Old Rckfr 26,315.00
55@Southshore,169$49th lamps 160.00
55865 25,000.00
Embedded Systems Inc.
55765 3,194.50
Jul-Dec03 10 Siren maint 1,980.00 55590 1,980.00
Emergency Apparatus Maint.
Engine 31 rplc pump heater swt 143.56 55591 143.56
Emergency Medical Products Inc
4 V -Vac suction starter kits 289.96 55592 289.96
Express Messenger
6-2/6-9-03 Attorney PIU 36.40 55593 36.40
Factory Motor Parts Co
I Prof battery 51.49 55594 512.08
Core retum/Pwr steering pump 40.00)
1 Pwr steering pump 229.22
6Filter, I battery,I disc pad 136.99
1 Resistor 15.14
Pad kit RR pad kit frt 119.24
Factory Motor Parts Co
Spark plug,oil filt,fuel filt 130.48 55758 638.86
Pad kit frt/air filt 149.82
Air filt 36.12
2 Battery, 12 gas, 12 oil filter 322.44
Farris, Roberta Lynn
Payroll Generated Invoice 443.54 55684 443.54
Ficks, Mary
Park and Rec Refund 20.00 55759 20.00
Fingerprint America Inc
300 ID Complete 599.64 55760 599.64
First Student Inc
5-18-03 Twins Games/DARE 173.30 55595 173.30
Fraser, Philip
Park and Rec Refund 15.43 55761 15.43
G & K Service Inc
Jun03 CC Rug Service 157.82 55762 157.82
G C Bentley Assoc
6-2/6-15-03 79.75hr Syst Mgmt $3,588.75 55596 $3,588.75
GS Direct Inc
Xerographic film $184.43 55763 $339.66
Eng Plotter xerographic vellum $155.23
Gardner, Nikita
Car Repair interim disb 676.01 55824 676.01
General Binding Corp. 55764 55.962bxIOMMcolorcoils55.96
Gfroerer, Theresa M
3850 Plymouth Blvd/dwn payment 25,000.00 55865 25,000.00
GoodPointe Technology Inc
55765 3,194.506-'03/6-'04 Icon Std sprt agrm 2,532.50
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Check Register
4 Eng/pavement rating training $662.00
Page 7 of 21
Gopher
Payroll Generated Invoice 4.00 55603 $69.50
Lacrosse nets 154.16 55597 154.16
Gopher State One -Call, Inc.
4.00
Payroll Generated Invoice 2.00
May03 SW locates 1,860/billed 452.60 55598 499.10
May03 CC locates 54 billed 30@ 46.50
Payroll Generated Invoice 2.50
Gratz Sewing
3,601.83 55786 3,601.83
Sewing machine/fire dept 318.44 55766 318.44
Greater Mpls. Day Care Assoc.
118.22 55600 118.22
Apr-May03 Day care reimb 185.96 55767 185.96
Greenberg, Phil
17.74 55793 17.74
10-26/5-16-03 Hughes Proj9005 881.50 55676 881.50
Greupner, Karol J
6-11/6-14-03 Cubjarget P&R Pr $142.74 55621 $142.74
Grove Nursery Center Inc.
Payroll Generated Invoice 4.00 55603 $69.50
Various flowers 442.19 55599 442.19
Grove Nursery Center Inc.
4.00
Payroll Generated Invoice 2.00
2 Rose,13 Heuchera Plum 117.31 55768 117.31
HP - equipment
32.00
Payroll Generated Invoice 2.50
1 Color laserjet printer 3,601.83 55786 3,601.83
Hach Company
2.00
4 6V lamp 118.22 55600 118.22
Hageman, Kristen
6-3/6-18-03 Home Depot Dick BI 17.74 55793 17.74
Hagen, Helen
Park and Rec Refund 13.00 55769 13.00
Hammer Residences Inc
1530 Garland elev reimb 22,960.00 55770 22,960.00
Harmon AutoGlass
Unit 545 window repairs 221.43 55601 221.43
Hartland Fuel Products, LLC
8507gal Super 89 @ 1.0134 $10,329.62 55602 $10,329.62
Hartland Fuel Products, LLC
7500g1 Diesel @ .8945/gl $6,715.13 55771 $6,715.13
Hawkins Water Treatment
13231b Potassium Permanganate $1,856.20 55773 $1,856.20
Hawkins, Ash,Baptie & Co.
Jun03 Section 8 Acctg Svc $165.00 55774 $165.00
Healthfund of Minnesota
Payroll Generated Invoice 4.00 55603 $69.50
Payroll Generated Invoice 4.00
Payroll Generated Invoice 7.00
Payroll Generated Invoice 4.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 5.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 32.00
Payroll Generated Invoice 2.50
Payroll Generated Invoice 1.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 2.00
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Check Register Page 8 of 21
Hedberg Aggregate
Etching stone/arbor day 319.50 55605 319.50
Hennepin County Information Sv
May03 PD Radio Lease 4,434.09 55606 6,802.79
May03 Fire Radio Lease 2,116.75
May03 Frame Relay network spr 251.95
55783 35.00
Hennepin County Recorder
17135 9th Ave/filing fees 21.00 55775 42.00
9625 27th Ave N/filing fees 21.00
Hennepin County Recorder
128.04 55610 191.67
525 Niagara, 1469 W Med Lk Dr 42.00 55776 42.00
Hennepin County SheriffBookng
May03 Booking fee prisoners 1,822.05 55777 1,822.05
Hennepin County Treas/NO ADDR
03 22,855 Valuation Notices $8,651.20 55778 $8,651.20
Hennepin County TreasNoter
3-31-03 Postal Verif cards $1,523.96 55608 $1,523.96
Hennepin Tech College/ck addr
Voller,Hollan/"Intro to Comput $798.00 55779 $798.00
Hensel, Signe
6-24-03 Concert performance $400.00 55690 $400.00
Herb Kohn Electric Co Inc
Tennis courts lighting/install $1,268.55 55780 $1,268.55
Herke, Becky
Park and Rec Refund 20.00 55781 20.00
Herke, Becky
Park and Rec Refund 20.00 55782 20.00
Herke, Becky
Park and Rec Refund 35.00 55783 35.00
Hernandez, Susan
Park and Rec Refund 200.00 55784 200.00
Hewlett Packard/maint-support
5-14/6-13-03 Omniback sftwre 128.04 55610 191.67
6-6/7-5-03 OpenView S/W maint 63.63
Hewlett Packard/maint-support
6-14/7-13-03 Omniback sftwr 128.04 55785 629.57
6-20/7-19-03 HP9000 Uniform 1 501.53
Highway 55 Rental
Core A drill/stand,bit 99.33 55611 143.23
PD helium tank,helium 43.90
Hinckley Chevrolet
Unit 188 03'Chev Tahoe 25,838.16 55612 25,838.16
Hirshfield's
48 5gl White field paint $863.93 55787 $863.93
Hjelmeland, Cheryl
Park and Rec Refund $49.00 55788 $49.00
Home Services
Spmklr rpr Glory Christ churc $117.50 55613 $117.50
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Howard R Green Company
5-16-03 Proj2032 8,393.18 55614 8,393.18
Hughes Trustee, Loretta C
103.52
Proj9005 Driving range stlmnt 8,550.27 55630 8,550.27
Hughes Trustee, Loretta C
9.34 55794 9.34
Proj9005 Gas Station stlmnt 34,478.95 55631 34,478.95
IAAO
679.50 55623 4,199.56
J Olsson/Nashville Conf 9-14/9 475.00 55615 950.00
N Bye/Nashville Conf 9-14/9-17 475.00
Ind School Dist 284/CK ADDR
3,961.00 55604 3,961.00
03 Summer brochure 552.50 55616 552.50
Infrastructure Tech, Inc.
2 Drive Pin 10.71 55789 10.71
Insty Prints/ ck address
1,000 Dog Park Brochures 902.01 55617 902.01
J J Keller & Associates
7-'03/6-'08 OSHA Compliance 451.32 55790 451.32
Jacobson, Larry
6-18-03 3 MNGFOA lunches,Ecker 45.00 55795 45.00
Jenum, Candice
Park and Rec Refund 51.00 55618 51.00
Johnson, Derrick
Jun03 HAP 883.00 55752 883.00
Jokinen, Amy
Refund swimming lessons 63.00 55619 63.00
Jorgensen Steel & Aluminum
2 Bars HR edge cond flat bar $65.42 55588 $65.42
K & S Engraving
Fire 20 tags, 10 key rings $97.45 55791 $97.45
KEEPRS Inc/Cy's Uniforms
L Plack/pant,shirt $100.90 55792 $173.85
M Draper/pant,belt $72.95
Kiefer
1 Opk rescue tube patchs 18.74 55622 122.26
2 Umbrella solarteck 103.52
Kokal, Kristen
Super Valu/preschool splys 9.34 55794 9.34
LSA Design, Inc.
May03 PMLGeneral 679.50 55623 4,199.56
May03 PML maintenance 3,520.06
Lakeview Commons
May03 HAP 3,961.00 55604 3,961.00
Landmark Concrete Inc.
Proj3111 curb & walk $11,043.76 55624 $11,043.76
Larson Engineering of MN
4-23/5-22-03 Proj2008 $800.00 55626 $800.00
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Lauer, Dan
13.86
Survivor battery pack old styl 40.00 55634 $208.00
Cherokee Hdwe/Keys&clips 20.38 55579 20.38
Law Enforce Labor Serv./Union
11.61
Fiehooks can harnes 85.61 55801 $256.85
Payroll Generated Invoice 140.00 55627 956.58
Payroll Generated Invoice 35.00
Payroll Generated Invoice 10.43
Payroll Generated Invoice 140.00
55632 296,957.07
Payroll Generated Invoice 11.58
Payroll Generated Invoice 83.16
Payroll Generated Invoice 630.00
55633 136.69
LeVander Gillen & Miller PA
27.72
Payroll Generated Invoice 13.86
17915 30th PI relocate assist 7,185.00 55796 14,214.60
3030 Hwy 101 Relocate assist 7,029.60
Payroll Generated Invoice 69.30
League of Minnesota Cities
83.16
Dan Foley Sexual Harassment Pr 10.00 55628 10.00
Leone's Building Service Inc
Jun03 Janitorial service 7,834.14 55797 7,834.14
Loffler Business Systems Inc
Jun03 lmagerunner Lease $219.92 55629 $219.92
Logis
Share of PD sftwr upgrade $217,872.00 55798 $230,170.35
May03 PD/GIS support $10,710.00
1000 Base GBIC,admin chrg $1,375.85
Network wo 5787 $212.50
Long, Audrey
13.86
Survivor battery pack old styl 40.00 55634 $208.00
Park and Rec Refund 24.00 55799 24.00
Look -it Activewear
11.61
Fiehooks can harnes 85.61 55801 $256.85
96 Budget Leotard P&R Prog 200 991.50 55800 991.50
Lunda Construction Co
23.22
Payroll Generated Invoice 10.43
Proj2021 #2 Schmidt Bridge 296,957.07 55632 296,957.07
Luther Hopkins Dodge
11.61
Payroll Generated Invoice 83.16
1 Headlamp 136.69 55633 136.69
MES Inc
13.86
Survivor battery pack old styl 40.00 55634 $208.00
41itre smoke fluid 82.00
Litebox vh mt 86.00
MES Inc
11.61
Fiehooks can harnes 85.61 55801 $256.85
1 Boot/Andy Jordan 171.24
MN AFSCME Council #14
Payroll Generated Invoice 13.86
Payroll Generated Invoice 60.27
Payroll Generated Invoice 110.88
Payroll Generated Invoice 8.87
Payroll Generated Invoice 11.61
Payroll Generated Invoice 83.16
Payroll Generated Invoice 13.86
Payroll Generated Invoice 11.61
Payroll Generated Invoice 23.22
Payroll Generated Invoice 10.43
Payroll Generated Invoice 24.65
Payroll Generated Invoice 201.11
Payroll Generated Invoice 11.61
Payroll Generated Invoice 83.16
Payroll Generated Invoice 247.52
Payroll Generated Invoice 13.04
Payroll Generated Invoice 27.72
Payroll Generated Invoice 13.86
Payroll Generated Invoice 15.47
Payroll Generated Invoice 83.16
Payroll Generated Invoice 23.22
Payroll Generated Invoice 69.30
Payroll Generated Invoice 83.16
55636 1,960.34
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Check Register
Payroll Generated Invoice 69.30
Payroll Generated Invoice 41.58
Payroll Generated Invoice 11.61
Payroll Generated Invoice 41.58
Payroll Generated Invoice 11.61
Payroll Generated Invoice 245.91
Payroll Generated Invoice 11.61
Payroll Generated Invoice 30.94
Payroll Generated Invoice 27.72
Payroll Generated Invoice 15.47
Payroll Generated Invoice 23.22
Payroll Generated Invoice 13.86
Payroll Generated Invoice 27.72
Payroll Generated Invoice 46.44
Payroll Generated Invoice 97.02
Page 11 of 21
MN AFSCME Council #14
Payroll Generated Invoice 8.87 55802 $266.15
Payroll Generated Invoice 154.70
Payroll Generated Invoice 13.04
Payroll Generated Invoice 39.12
Payroll Generated Invoice 13.04
Payroll Generated Invoice 15.47
Payroll Generated Invoice 13.04
Payroll Generated Invoice 8.87
MN Child Support Payment Ctr
Payroll Generated Invoice 397.32 55637 $1,588.81
Payroll Generated Invoice 191.97
Payroll Generated Invoice 432.85
Payroll Generated Invoice 224.27
Payroll Generated Invoice 342.40
MN Child Support Payment Ctr
2.50
Payroll Generated Invoice 62.41 55803 $62.41
MN Dept of Health/No Address
1.00
Andy Jordan/Class B Water Lic 23.00 55638 $23.00
MN Environmental Fund
Payroll Generated Invoice 4.00 55639 $22.50
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 2.50
Payroll Generated Invoice 1.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 9.00
MN Highway Safety Center
6 Officers PIT 5-15-03/Kunz, 1,800.00 55640 1,800.00
MN Nursery & Landscape Assoc
03 Herrick Membership 75.00 55641 75.00
MN State Treasurer
May03 Bldg Permit Surcharge 13,219.95 55804 13,219.95
Magnetic Products & Services
15 Data cartridges 896.20 55642 896.20
Maple Grove Police Dept
17cs Candy bars/Teens Driving 212.55 55643 212.55
McCombs, Judy
Park and Rec Refund 39.00 55647 39.00
Menards / 6800 Wayzata Blvd
CC sealing file 152.38 55807 152.38
Merit Building Company
1469 W Med Lk Rehab improvmnts $20,150.00 55808 $20,150.00
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Check Register Page 12 of 21
Metro Erosion Inc.
Shadow Hills silt fence 931.00 55809 1,131.00
Harrison Hills silt fence 200.00
Metro Paving Inc
141,372.00 55651 141,372.00
Proj2033 #2/Final PS prkng lot 737.28 55810 737.28
Metro Sales Inc
275.50 55652 275.50
6-'03/6-'04/PW Fax mach maint 287.00 55648 287.00
Metro Transit
876.03 55653 876.03
Sold 15 Stored Value Cards 295.50 55650 295.50
Metro Transit/Metrolink
30.00 55814 30.00
Apr03 Metrolink Transit reimb 78,169.39 55649 78,169.39
Metrocall
50.00 55816 50.00
Jun03 35 PD pager rental 291.44 55811 470.57
6-22/7-21 RAD pager rental 179.13
55654 20.00
Metropolitan Council HRA
May-Jun03 HAP 2,387.92 55812 2,387.92
Metropolitan Council -Waste
Ju103 Wastewater service 273,884.00 55813 273,884.00
Metropolitan Council/SAC
May03 Sery Avail Charge 141,372.00 55651 141,372.00
Michigan Child Support Center
Payroll Generated Invoice 275.50 55652 275.50
Midwest Asphalt Co.
6-2/6-5 27.99tn Fine Mix 876.03 55653 876.03
Midwest Gang Investigators Asc
03 Forslund,Thomas Membership 30.00 55814 30.00
Minnesota Chaper SPIAA
S Thomas/Advanced Gang Seminar 50.00 55816 50.00
Minnesota PRIMA
03/'04 Pemberton Membership 20.00 55654 20.00
Mironenko, Vladimir
6-9 Cub,European Delicacies/Ar 12.72 55709 12.72
Mittelstaedt, Sara
5-15/6-12 PC & P&R prog 035,36 327.91 55688 327.91
Mittelstaedt, Sara
6-8.6-18 Rainbow,Bames&Noble, 68.30 55849 68.30
Mobile Lock And Safe Co.
PD 3 keys 5.08 55655 5.08
Mobile Lock And Safe Co.
PW Garage keys,padlocks 64.35 55817 64.35
Mobile Radio Engineering
Unit 230 mobile repairs $120.17 55818 $212.99
Unit 242 mobile repairs $92.82
Moon, Mi
Park and Rec Refund $49.00 55656 $49.00
Mpls Public Housing Auth
Apr -Jun HAP $2,420.64 55819 $2,420.64
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Check Register Page 13 of 21
Muhawesh, Margaret
6.00 55657 6.00ParkandRecRefund
Muzak
Jul03 Muzak 59.50 55820 59.50
National Audio Company Inc
1 bx Audio Pro Cassette tape 586.29 55821 586.29
National Waterworks Inc
1 27x5 MH infiltration barrier 75.14 55659 189.68
2 6"split megalug ret gl 114.54
National Waterworks Inc
27x5 mh infiltration barrier 75.15 55822 75.15
Nearmyer, Mignon
12 bx playing cards 43.17 55815 43.17
Newberger, Lara
Home Depot/Fleet Farm -plugs & 42.56 55625 42.56
Nextel Communications
Jun03 15 SW cells 629.87 55823 629.87
Northern Sanitary Supply
PC 45x47 liners,gloves,clnr,so 148.09 55825 148.09
Northern Traffic Supply Inc
Barricade/road work ahead/road 485.32 55661 485.32
Northland Chemical Corp
PC 12ptDissolve 102.33 55662 102.33
Northwest Metro Mpls SAFE Kids
5-14/6-18-03 helmets 2,016.00 55846 2,016.00
Northwest YMCA
03'Detached Work/Community 5,000.00 55663 5,000.00
O'Brien, Colleen
Park and Rec Refund 38.00 55664 38.00
OPR Limited Partnership
Apr-Jun03 HAP 1,707.00 55826 1,707.00
On Site Sanitation
5-6/5-9 Greenwood Elem 7.95 55666 2,553.66
5-2/5-9-03 Amphitheater 60.38
5-2/5-29-03 Camelot Park 55.65
5-2/5-9-03 Elm Creek Plyfld 15.91
4-12/5-9-03 Elm Creek Plyfld 234.10
5-2/5-29-03 Public Works 55.65
5-2/5-9-03 Timber Shores 15.91
5-2/5-9-03 LaCompte 15.91
5-2/5-9-03 Zachary Elem 15.91
4-29/5-9-03 Zachary Plyfld #1 79.09
4-12/5-9-03 Zachary Plyfld # 1 100.65
5-2/5-9-03 Zachary Plyfld #1 65.91
5-2/5-9-03 Ply Crk Church 40.91
4-12/5-9-03 Plymouth Crk plyfl 340.08
5-2/5-9-03 Pilgrim Ln Elem 15.91
5-2/5-9-03 Parkers Lk plyfld 15.91
4-12/5-9-03 Parkers Beach #3 100.65
4-12/5-9-03 Parkers Beach #2 340.08
4-12/5-9-03 Parkers Lk bch 1 100.65
5-2/5-9-03 Oakwood Plyfld 15.91
4-12/5-9-03 Oakwood Plyfld 55.65
5-2/5-9-03 W Lutheran HS 15.91
4-26/5-9-03 W Med Lk Prk Bch 50.33
4-26/5-9-03 W Med Lk Pk Bch 50.33
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Check Register Page 14 of 21
4-29/5-9-03 W Med Lk Prk Bch 39.55
4-29/5-9-03 W Med Lk Bch 90.63
5-2/5-9-03 Timber Shores 15.91
4-12/5-9-03 Skate Park 100.65
5-2/5-9-03 Ridgemount Plyfld 28.77
4-12/5-9-03 Plym Playfield 264.43
5-2/5-9-03 Dome 15.91
4-12/5-9-03 Elm Creek Plyfld 100.65
5-2/5-9-03 E Med Lk Beach 15.91
5-2/5-9-03 Bass Lake Plyfld 15.91
On Site Sanitation
5-10/6-6-03 Amphitheater 211.30 55828 4,150.79
5-10/6-6-03 Dome/PC 55.65
5-10/6-6-03 Camelot Park 55.65
5-10/6-6-03 Bass Lk plyfld 55.65
6-2/6-6-03 Circle Park 9.95
5-10/6-6-03 Public Works 55.65
6-2/6-6-03 Schmidt Lk Park 9.95
5-10/6-6-03 Skate Park 100.65
6-2/6-6-03 St Mary's Park 9.95
6-2/6-6-03 So Shore Park 17.99
6-2/6-6-03 Sunrise Park 9.95
5-10/6-6-03 Ridgemont Plyfld 100.65
5-27/6-6-03 Rolling Hills 21.87
6-2/6-6-03 Queensland Park 9.95
5-10/6-6-03 Zachary Plyfld # 1 230.65
5-10/6-6-03 Zachary Plyfld #1 100.65
5-10/6-6-03 Zachary Plyfld # 1 201.30
5-10/6-6-03 Zachary Elem 55.65
5-29/6-6-03 W Med Lk Prk Bch 32.34
5-10/6-6-03 W Med Lk Prk Bch 100.65
5-10/6-6-03 W Med Lk Prk Bch 100.65
5-10/6-6-03 ADA W Med Lk Bch 230.65
5-10/6-6-03 W Med Lake Park 100.65
5-10/6-6-03 W Lutheran HS 55.65
6-2/6-6-03 W Med Comm Club 9.95
6-2/6-6-03 Turtle Lake Park 9.95
6-2/6-6-03 Three Ponds Park 9.95
5-10/6-6-03 Timber Shores 55.65
5-10/6-6-03 Timber Shores 55.65
6-2/6-6-03 Swan Lake Park 9.95
6-2/6-6-03 Shiloh Park 9.95
5-10/6-6-03 Parkers Lk Bch # 1 100.65
5-10/6-6-03 Parkers Lk bch #2 340.08
5-10/6-6-03 Parkers Lk Bch #3 100.65
5-10/6-6-03 Parkers Lk plyflds 55.65
5-10/6-6-03 Pilgrim Ln Elem 55.65
5-10/6-6-03 Plymouth Crk plyfl 340.08
5-10/6-6-03 Plym Creek Church 55.65
5-10/6-6-03 Plymouth Plyfld 239.43
5-10/6-6-03 Oakwood Plyfld 55.65
5-10/6-6-03 Oakwood Plyfld 55.65
6-2/6-6-03 Maplecreek Park 9.95
6-2/6-6-03 Mission Hills Park 9.95
6-2/6-6-03 Lions Park 9.95
5-10/6-6-03 LaCompte 55.65
6-2/6-6-03 Imperial Hills Park 9.95
6-2/6-6-03 Heather Ponds 9.95
6-2/6-6-03 Heritage Park 9.95
6-2/6-6-03 Gateway Park 9.95
6-2/6-6-03 Glenoch Park 9.95
5-10/6-6-03 Greenwood 55.65
5-10/6-6-03 E Med Lk Beach 75.65
5-10/6-6-03 Elm Creek Plyfld 55.65
5-10/6-6-03 Elm Creek Plyfld 100.65
5-10/6-6-03 Elm Creek Plyfld 234.10
Orbit Courier
6-13-03 MN Toro 11.03 55829 11.03
Owens Services Inc.
FS 1 HVAC #I rplc ignition boar 744.06 55667 1,464.12
PW Exhaust Fan 8/replace motor 720.06
Owens Services Inc.
WTPI dehumidifier,rpr drum dri 247.01 55830 247.01
P E R A / Payroll
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Check Register Page 15 of 21
Payroll Generated Invoice 551.23 55671 $65,646.02
Payroll Generated Invoice 17.75
Payroll Generated Invoice 469.42
Payroll Generated Invoice 469.42
Payroll Generated Invoice 85.46
Payroll Generated Invoice 1,013.87
Payroll Generated Invoice 1,013.87
Payroll Generated Invoice 166.52
Payroll Generated Invoice 1,976.16
Payroll Generated Invoice 1,976.16
Payroll Generated Invoice 37.37
Payroll Generated Invoice 47.53
Payroll Generated Invoice 161.40
Payroll Generated Invoice 161.40
Payroll Generated Invoice 124.83
Payroll Generated Invoice 1,481.38
Payroll Generated Invoice 1,481.38
Payroll Generated Invoice 67.43
Payroll Generated Invoice 800.14
Payroll Generated Invoice 800.14
Payroll Generated Invoice 113.01
Payroll Generated Invoice 1,341.16
Payroll Generated Invoice 1,341.16
Payroll Generated Invoice 50.20
Payroll Generated Invoice 595.62
Payroll Generated Invoice 595.62
Payroll Generated Invoice 124.57
Payroll Generated Invoice 1,478.38
Payroll Generated Invoice 1,478.38
Payroll Generated Invoice 16.93
Payroll Generated Invoice 200.90
Payroll Generated Invoice 200.90
Payroll Generated Invoice 66.45
Payroll Generated Invoice 1,056.77
Payroll Generated Invoice 967.33
Payroll Generated Invoice 2,218.77
Payroll Generated Invoice 1,479.18
Payroll Generated Invoice 944.45
Payroll Generated Invoice 629.63
Payroll Generated Invoice 8,561.64
Payroll Generated Invoice 5,707.72
Payroll Generated Invoice 10.18
Payroll Generated Invoice 1,988.41
Payroll Generated Invoice 1,365.85
Payroll Generated Invoice 6.40
Payroll Generated Invoice 943.60
Payroll Generated Invoice 654.40
Payroll Generated Invoice 374.87
Payroll Generated Invoice 249.91
Payroll Generated Invoice 39.55
Payroll Generated Invoice 443.52
Payroll Generated Invoice 443.52
Payroll Generated Invoice 17.33
Payroll Generated Invoice 205.57
Payroll Generated Invoice 205.57
Payroll Generated Invoice 14.46
Payroll Generated Invoice 171.51
Payroll Generated Invoice 599.63
Payroll Generated Invoice 599.63
Payroll Generated Invoice 58.65
Payroll Generated Invoice 695.95
Payroll Generated Invoice 695.95
Payroll Generated Invoice 128.55
Payroll Generated Invoice 1,525.52
Payroll Generated Invoice 1,525.52
Payroll Generated Invoice 24.93
Payroll Generated Invoice 205.57
Payroll Generated Invoice 205.57
Payroll Generated Invoice 64.63
Payroll Generated Invoice 766.80
Payroll Generated Invoice 766.80
Payroll Generated Invoice 77.55
Payroll Generated Invoice 919.95
Payroll Generated Invoice 919.95
Payroll Generated Invoice 50.53
Payroll Generated Invoice 171.51
Payroll Generated Invoice 6.60
Payroll Generated Invoice 78.33
Payroll Generated Invoice 78.33
Payroll Generated Invoice 42.35
Payroll Generated Invoice 502.63
Payroll Generated Invoice 502.63
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Check Register
Payroll Generated Invoice 10.18
Payroll Generated Invoice 120.76
Payroll Generated Invoice 120.76
Payroll Generated Invoice 15.98
Payroll Generated Invoice 189.65
Payroll Generated Invoice 189.65
Payroll Generated Invoice 80.56
Payroll Generated Invoice 955.81
Payroll Generated Invoice 955.81
Payroll Generated Invoice I7.33
Payroll Generated Invoice 295.84
Payroll Generated Invoice 295.84
Payroll Generated Invoice 17.33
Payroll Generated Invoice 205.57
Payroll Generated Invoice 205.57
Payroll Generated Invoice 21.43
Payroll Generated Invoice 254.31
Payroll Generated Invoice 254.31
Payroll Generated Invoice 210.64
Payroll Generated Invoice 551.24
Payroll Generated Invoice 210.64
Payroll Generated Invoice 46.47
P E R A / Payroll
Payroll Generated Invoice 40.31 55831
Payroll Generated Invoice 44.86
Payroll Generated Invoice 44.86
Payroll Generated Invoice 3.39
Payroll Generated Invoice 40.31
Payroll Generated Invoice 3.78
Payroll Generated Invoice 52.92
Payroll Generated Invoice 628.28
Payroll Generated Invoice 628.28
Payroll Generated Invoice 2.46
Payroll Generated Invoice 29.26
Payroll Generated Invoice 29.26
Payroll Generated Invoice 5.27
Payroll Generated Invoice 62.56
Payroll Generated Invoice 62.56
Payroll Generated Invoice 3.14
Payroll Generated Invoice 37.30
Payroll Generated Invoice 37.30
Payroll Generated Invoice 5.45
Payroll Generated Invoice 64.70
Payroll Generated Invoice 64.70
Payroll Generated Invoice 11.40
Payroll Generated Invoice 135.46
Payroll Generated Invoice 135.46
Page 16 of 21
2,173.27
POPP Telcom Inc.
Jun03 City Center Office lines $247.50 55672 $247.50
Pacyga, Genevieve
Park and Rec Refund
Pacyga, Genevieve
Park and Rec Refund
49.00
1.00
55673
55674
49.00
1.00
Park Nicollet Clinic
4-2/6-4-03 Empl Phys,MRO's $3,121.50 55675 $3,121.50
Park Place Apartments
Jun03 HAP
Paulson, Sandy
5-17/5-23 Ohio IIMC Conf
376.00
48I.35
55833
55848
376.00
481.35
Petty Cash
7-2-03 Skate jam registr cash $75.00 55834 $75.00
Pioneer Photography
Historic Barns of the Midwest
Plummer, Sandee
Park and Rec Refund
150.00
15.00
55835
55836
150.00
15.00
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Check Register Page 17 of 21
Plymouth Amoco
Apr-Jun03 Car Washes $639.00 55677 $639.00
Plymouth Automotive Inc.
251 88'Plymouth Caravelle tow $118.00 55678 $118.00
Pond & Lighting Designs
Floating fountain labor/parts $355.00 55837 $355.00
Powell, Mary
Park and Rec Refund $23.00 55679 $23.00
Prairie Restoration
PC spot spray $373.86 55839 $373.86
Preferred Controls Inc
Well 6 modifications $650.00 55840 $650.00
Qwest
Jun03 Fire Station 3 270.18 55680 $1,403.24
Jun03 Plymouth Jr High 35.59
Jun03 W Med outside pay phone 68.04
Jun03 Plym Creek pay phone 68.04
Jun03 Zachary pay phone 68.04
Jun03 Bass Lake Pay phone 60.06
Jun03 Pavilion 22.51
Jun03 W Medicine Lk office 38.87
Jun03 Fire Station 2 244.65
Jun03 Ridgemount 35.22
Jun03 Fire Station 1 299.70
Jun03 Historical Society 39.14
Jun03 Zachary 41.54
Jun03 Fembrook Plym Creek 35.59
Jun03 La Compte 35.86
Jun03 Oakwood 40.21
R & R Specialties/ Somerset WI
May03 Proj2021 24,178.60 55686 $39,060.28
2 77" Cloth 70.34 55841 70.34
R M R Services Inc
1,617.00
May03 Proj3118 7,011.26
Apr-May03 12383 meter reads 5,572.35 55681 5,572.35
RDO / Burnsville
Pin fasn/snap ring/washer/bush 135.36 55838 135.36
Ramsey Correctional Facility
1 lot native plants 536.76 55682 536.76
Ray O'Herron
1 3"Ballistic shield,carry str 94.17 55683 94.17
Rental Service Corporation
30-34' Scissor lift rental 223.98 55842 223.98
Roundy's Inc
Ref R309650 3.2Lig lic ovrpymn 220.00 55685 220.00
S & S Worldwide Inc
Beach ball,water soaker Ftbl 32.95 55845 32.95
SRF Consulting Group, Inc.
May03 Proj2021 24,178.60 55686 $39,060.28
May03 Vicksburg Ln/CR 47 730.32
May03 PmJ2009 5,523.10
May03 '03 MSA Traffic counts 1,617.00
May03 Proj3118 7,011.26
Sanco Cleaning supplies
IC 4 H2Orange2 $149.23 55847 $149.23
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Check Register Page 18 of 21
Savoie Supply Co Inc
1 Filter panel $198.33 55850 $228.49
Wheel,washer,ring ret,clip $30.16
Schindler Elevator Corp
Jun-Aug03 PC/FH Elev Sery $335.85 55851 $335.85
Science Explorers
6-17/6-19 Emergency Room $855.00 55852 $855.00
Senior Community Services
14620 10th Sm Rpr grant prog $5,239.50 55853 $5,239.50
Short -Elliott -Hendrickson
May03 Proj9005 $1,743.53 55689 $1,743.53
Siers, Norie Chandler
55660 750.00Feb-Apr03 Artit's Way Facilita 750.00
2 .223cal Prac/see cr 3656911 204.48
Signs of the Season
18'3/4" red reflective vinyl 26.63 55691 26.63
Silent Knight Security Group
2 AirBag Injuries video 29.90 55695 $29.90
IC 6-12/9-11-03 Fire monitor 111.83 55854 111.83
SimplexGrinnell LP
57.20
55855 317.496-28-02 IC Base service 317.49
Skog, June K
03-01-0010 Mailbox/damage 100.00 55620 100.00
SourceOne Graphics Inc
55856 100.534x9Ultramatte,Peter Simons 100.53
St Louis Park HRA
May03 TRAILS Family Selfsuff 1,500.00 55692 1,500.00
St Michael Veterinary Clinic
6-6-03 K-9 Jake vaccinations 66.00 55857 66.00
Stafford, Beth
Park and Rec Refund 200.00 55693 200.00
Stanton Group
03 Metro survey stat summary 250.00 55858 250.00
Stewart Title
Rcpt200310348 P20033141 ovrpm 1,651.98 55859 1,651.98
Streicher's Prof.Police Equip.
Battery rechargeable 5cell $106.29 55694 $106.29
Streicher's Prof.Police Equip.
Flasher headlight 51.07 55860 $383.41
Return flasher headlight 51.07)
2 .223cal Prac/see cr 3656911 204.48
1 .223 cat Duty T223E 207.37
Cr ovrchr inv 3634901 28.44)
Sun Digital Video Inc
2 AirBag Injuries video 29.90 55695 $29.90
Sun Newspapers/Notices
Ord 2003-12 64.35 55696 $121.55
Ord 2003-11 57.20
Sun Newspapers/Notices
Vacation alley Elmhurst additi
File 2003055
46.47
57.20
55861 289.57
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Check Register
File 2003043 $57.20
File 2003049 $50.05
Vacation Scenic Ease $78.65
Page 19 of 21
Superior Ford, Inc.
Unit 253 F450 4x4 $28,744.00 55697 $57,488.00
Unit 592 03 F450 4x4 $28,744.00
Superior Ford, Inc.
Unit 127'03 Crown Vic 21,303.00 55862 $106,515.00
Unit 129'03 Crown Vic 21,303.00
Unit 131 '03 Crown Vic 21,303.00
Unit 130'03 Crown Vic 21,303.00
Unit 128'03 Crown Vic 21,303.00
TKDA & Associates Inc
03'41 W Med Ornamental weed 308.85 55699 $1,805.19
5-8/5-20-03 3105 Zircon Ln wtr 436.50 55863 436.50
Target/Daytons/PO Box 59228
154.43
03 #1 Peony ornamental weeds 292.88
PC DVD player 100.00 55645 100.00
Target/Daytons/PO Box 59228
330.15
Payroll Generated Invoice 6.00
P&R Prog 223,213,011,196 splys 161.45 55806 161.45
TechLink Training
12.00
Payroll Generated Invoice 2.00
T Anderson/" Successful Project 1,095.00 55864 1,095.00
Tony Eiden Co
R199915871 SIPA ref Walnut Gro 528.76 55866 528.76
Traffic Marking Services Inc
5-31/6-12-03 Pavement marking 17,921.60 55867 17,921.60
Tri-State Pump & Control, Inc.
5-27-03 2hrlabor 180.00 55698 180.00
Trugreen Chemlawn
03'41 W Med Ornamental weed 308.85 55699 $1,805.19
03 # 1 Schmidt Lake omam weed 127.80
03 #1 NW Blvd Ornamental weed 186.38
03 41 Shendoah oranmend weed 154.43
03 #1 Peony ornamental weeds 292.88
03 #1 Medians ornamental weed 138.45
03 #1 CRI 0 ornamental weeds 266.25
03 41 Zachary ornamental weed 330.15
Twin City Water Clinic, Inc.
Payroll Generated Invoice 11.00 55704 $160.39
May03 Water analysis 576.00 55700 576.00
TwinSource
10.00
Payroll Generated Invoice 3.85
12cs 38x58 1.5mil liner 292.66 55701 292.66
Twinwest Chamber of Commerce
4.00
Payroll Generated Invoice 6.00
Mayor/Manager lunches 22.00 55702 22.00
US Dept of Education
12.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 176.93 55703 176.93
United Way of Mpls
Payroll Generated Invoice 11.00 55704 $160.39
Payroll Generated Invoice 9.00
Payroll Generated Invoice 22.00
Payroll Generated Invoice 10.00
Payroll Generated Invoice 3.85
Payroll Generated Invoice 5.00
Payroll Generated Invoice 22.00
Payroll Generated Invoice 4.00
Payroll Generated Invoice 6.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 1.00
Payroll Generated Invoice 12.00
Payroll Generated Invoice 2.00
Payroll Generated Invoice 1.00
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Check Register Page 20 of 21
Payroll Generated Invoice 4.00
Payroll Generated Invoice 11.00
Payroll Generated Invoice 3.00
Payroll Generated Invoice 10.00
Payroll Generated Invoice I1.54
Payroll Generated Invoice 2.00
Payroll Generated Invoice 8.00
Ush-Thompson Hombuilding&land
Ref R200305185 SIPA Timber Crk 361,824.00 55705 361,824.00
Verified Credentials Inc
55706 140.00
4-21-03 FF bckgrnd screening 140.00
Verizon Wireless
55707 114.22Jun03P & R Prog 291 7.99
Jun03 Mike Engler 97.26
Jun03 Dale Hahn 8.97
Verizon Wireless
May03 Mark Jones 66.41 55868 66.41
Vigoren, Marjorie
Axman Surplus/Recycle trunk sp 18.58 55805 18.58
Viking Safety Products 55708 151.76
10 Lg,4 XL mechanics gloves 151.76
W W Grainger Inc
55710 66.46Steelfishtape/flex tape lead 53.69
Magnetic pickup 12.77
W W Grainger Inc
Paint yellow Ig 38.30 55869 350.89
Plug knock out 8.82
Screw/bit holderfJobber drill 55.74
Screw #12 pk100 4.05
Floor door stop/silencer 44.32
Chain double loop 24.40
Sprayer shut off 10.72
Threadlocker 10 ml red 10.98
Paint spray 22.30
Tennis elbow support 61.80
Ballast lamps 40.65
Paint Ig 38.30
Union black/black pipelnipple 28.81
return Ig paint #4953264977 38.30)
Waste Management Services
May03 Curb/Dropoff recycle -Apr 21,355.49 55711 21,355.49
Watson Company
Pavilion concession food rsply 819.29 55870 819.29
Webb, Cathy
Park and Rec Refund $214.00 55712 $214.00
Weber Electric
Trace out phone line&Identify $112.50 55713 $112.50
West Point Products Inc
Cyan,Mag,blk inkjet $290.75 55714 $290.75
Westburne Supply Inc.
3 I/2 abs cs co plug/abs plug $46.17 55715 $46.17
What Works Inc
4-17/5-27-03 Personnel consult $1,050.00 55716 $1,050.00
Workers Compensation
03 3rd qtr Workers Comp $3,375.65 55717 $3,375.65
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Check Register
Wyatt, Pamela
18705 24th Ave Refund permit 57.60 55832
Page 21 of 21
57.60
Xcel Energy
May03 Water Towers 36.43 55718 85,369.64
May03 Traffic Signal & Flasher 1,641.80
May03 Lift Stations 511.72
Jun03 Street Lighting 36,042.15
4303 Nathan/5-1/6-2 Strt lite 19.72
Jun03 City parks 1,051.12
Jun03 City Buildings 15,505.02
Jun03 Wells & Trtmnts 30,561.68
Xcel Energy
Street Lighting 92.93 55871 8,678.05
17900 Old Rckfrd/4-30/6-2temp 126.58
Jun03 Traffic Signal & Traffic 2,964.27
Jun03 Lift Stations 5,494.27
TOTAL AMOUNT: 2,308,864.30
http://cityintemallasplasp_reports/financelcc_Check. asp?sFromDate=6%2F 14%2F2003&sToDate=6%2F... 6/30/2003
Agenda Number
TO: Dwight Johnson, City Manager
PM
FROM: Marie Darling, Senior Planner (509-5457) through Anne Hurlburt, Community
Development Director
SUBJECT: DaVern, Inc. Request for a 1) Preliminary and Final Plat, 2) Site Plan, 3)
Interim Use Permit and 4) Variances for the construction of "Annapolis
Townoffice Park" a 16 -unit townoffice development to be located at the
southeast corner of the intersection of 34th Avenue and Annapolis Lane
North. (2003026)
DATE: June 27, 2003 for the July 8, 2003 City Council meeting.
REVIEW DEADLINE: September 20, 2003
1. PROPOSED MOTION:
Motion to adopt the following, as recommended by the Planning Commission:
a. A resolution approving a preliminary and final plat for "Annapolis Townoffice
Park" a 16 -unit townoffice development; and,
b. A resolution approving a site plan, interim use permit and variances for
Annapolis Townoffice Park".
Approval of the preliminary and final plat, site plan, interim use permit and variances requires a
4/7 vote of the City Council.
2. DESCRIPTION OF REQUEST:
DaVern, Inc. is requesting approvals to construct "Annapolis Townoffice Park," a 16 -unit
townoffice development with a total of 46,684 square feet. The applicant is proposing to
construct six buildings—four three -unit office buildings and two two -unit buildings. The
development would be similar to a townhome development where an association would be
responsible for snowplowing, landscaping and building and parking lot maintenance. Required
for the application are requests for the following:
2003026
Page 2
1. A preliminary and final plat.
2. A site plan.
3. An interim use permit for reduced parking.
4. Variances to:
a. Reduce the side -yard setback (from 20 feet to 5 feet) for the parking along the
west property line.
b. Reduce the side -yard setback (from 15 feet to 10 feet) for units 11-16 along
the west property line.
c. Increase the maximum allowed impervious surface coverage (from 25 percent
to 26 percent) for the portion of the development within the Plymouth Creek
Shoreland Management Overlay District.
d. A fire lane within 50 feet of all sides of the building.
Also requested are a minor subdivision and vacation of a portion of the 34th Avenue public right-
of-way. The City Council is scheduled to review the request for vacation at its July 22, 2003
meeting.
After the June 18, 2003 Planning Commission meeting, the applicant decided to amend the final
plat to contain six unit lots instead of 16. The common area lot remains unchanged. The unit
lots now contain an entire building instead of a single unit. The individual units will then be sold
as condominiums. No changes to the site would occur as a result. This same adjustment from
townhouse to condominium has occurred with other townhouse projects in the past. It is
considered to be a minor change not requiring additional review by the Planning Commission.
The staff report and resolutions were revised to reflect the new lot count.
3. PLANNING COMMISSION MEETINGS:
On May 21, 2003, the Planning Commission opened the public hearing and unanimously voted
to continue the public hearing indefinitely to allow the applicant additional time to resolve an
issue concerning the road vacation discussed later in the report.
On June 18, 2003, the Planning Commission voted unanimously to recommend approval of the
request. The Planning Commission does not hear requests for fire lane variances. The applicant
was present at the public hearing and concurred with the conditions in the attached resolutions.
The minutes of the meeting are attached. No one from the audience requested to speak regarding
this item.
Notice of the Public Hearing at the Planning Commission was published in the Official
Newspaper and mailed to all property owners within 750 feet. Development signage remains on
the site.
2003026
Page 3
4. CONTEXT:
A. Surrounding Land Use and Zoning
The property to the north is guided IP (Planned Industrial), zoned I-1 (Limited Industrial), and
developed with office -warehouse buildings. The properties to the west are guided CO
Commercial Office) and zoned O (Office). The more northerly parcel is developed with the
Plymouth Woods Office Center Phase I, while the southerly parcel has been approved for
construction of Phase II, although construction has not yet begun. The property to the south is
guided C (Commercial), zoned C-3 (Highway Commercial) and developed with a hotel. The
property to the northeast across I-494 is guided LA -4 (Living Area 4), zoned RMF -4 (Multiple
Family 4) and developed with apartments. The property to the east and southeast across I-494 is
guided CO (Commercial Office), zoned PUD (Planned Unit Development) and developed with
offices.
B. Natural Characteristics of Site
This site is located within the Bassett Creek Watershed District. The site contains land on the
eastern portion of the parcel that is within the 100 -year floodplain and Plymouth Creek Shoreland
Overlay District, as well as one wetland which lies on either side of Plymouth Creek. The
subject property was reviewed in 1994 for possible acquisition due to the presence of good
quality stand of maples, but was assigned a lower priority ranking and was not selected for
acquisition.
5. ANALYSIS:
A. Level of City Discretion in Decision -Making
The City's discretion in approving or denying a preliminary and final plat is limited to whether or
not the proposed plat meets the standards outlined in the Subdivision Regulations and Zoning
Ordinance. If it meets these standards, the City must approve the request.
The City's discretion in approving or denying a site plan is limited to whether or not the
proposed project meets the measurable standards outlined in the Zoning Ordinance. If it meets
these measurable standards, the City must then approve the site plan.
The City's discretion in approving or denying an interim use permit is limited to whether or not
the proposed project meets the interim use permit standards listed in the Zoning Ordinance.
However, this level of discretion is affected by the fact that some of these standards are open to
interpretation.
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.
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B. Consistency with Ordinance Standards
Preliminary and Final Plat
The applicant is requesting approval of a preliminary and final plat to allow the creation of six
unit lots and one common lot for an office development on this 6.4 -acre site. The parcel is
currently vacant. Section 510 of the Subdivision Regulations states that the City Council, in its
review of a preliminary and final plat, take into consideration the direction of the City's
Comprehensive Plan and the regulations in the Zoning and Subdivision Ordinances, as well as
suitability of the site for the intensity proposed or the type of development contemplated.
There are no new public improvements required for this project.
Use of the Land
The land is proposed to be used for a 16 -unit townoffice development. The proposed use is
consistent with the CO land use classification shown in the Comprehensive Plan and the O
zoning district.
Lot Arrangement
As noted earlier in the staff report, the base lot would be 6.4 acres with a minimum lot width
of just under 815 feet. This would comply with the O district standards which require a
minimum lot area of one acre and a minimum lot width of 200 feet. This office development is
designed similar to a townhome development where each office unit is owned separately, but all
units within the development share common open space, parking and trash/recycling pickup.
Access
The applicant and the owner of the adjacent properties have proposed to vacate the extension of
34th Avenue past Annapolis Lane and reassemble the vacated right-of-way through a minor
subdivision. A graphic summarizing the request is attached to this report. The graphic
demonstrates that the existing public street would be modified to serve as a driveway and the
land not needed for this development would be turned back to the neighboring property owners.
The strip of land connecting the subject property with Annapolis Lane North would be large
enough to accommodate the driveway and the required setback.
The applicant has proposed to 1) install new curb for the driveway on a portion of the existing
paved street to achieve a driveway width of a minimum of 24 feet, 2) add dirt behind the new
curb over the top of the existing road and curb line and 3) plant annuals between the driveway
and the property line. Staff does not support this plan and instead recommends that the road be
cut down to the required width to create the driveway and the landscape plan revised for the area
between the property line and the driveway. Conditions to that effect are included in the attached
resolution.
The City Council will consider the right-of-way vacation at its meeting on July 22, 2003.
2003026
Page 5
Utilities
The applicant proposes to connect to sewer and water from existing service lines in 34th Avenue
North. Both sewer and water service would be extended through the development to serve all the
units. The preliminary design meets City requirements.
Drainage/Water Quality
The applicant is proposing two treatment ponds, one on the north side of the development and
one on the south. The northern pond would be an irregular shape to preserve as many significant
trees as possible on the site. The treated water would flow from both ponds to Plymouth Creek.
The preliminary design meets City requirements.
Trails/Sidewalks
The Comprehensive Plan shows a trail passing under I-494, through this property and eventually
to Plymouth Creek Park. The applicant has agreed to provide a trail easement through the
property so that the City can construct a trail at such time as the connection is constructed under
I-494. Staff has included a condition in the attached resolution requiring the applicant to notify
prospective business owners about the future trail in their marketing materials and in the
Common Interest Community documents.
Park DedicationlParks Impact
The Park, Trails, Open Space and Recreation Plan (found in Chapter 8 of the Comprehensive
Plan) indicates that this development is served by the existing Plymouth Creek Park and
therefore the development proposed would be subject to a park dedication fee, in lieu of land
dedication. The fee for the 16 new units would be determined at the time the final plat is
approved.
Tree Preservation
This application is subject to the tree preservation requirements in the Subdivision Regulations.
Section 530.05 requires preservation of 25 percent of the caliper inches of the significant trees
for non-residential development sites, or reforestation and/or monetary restitution for any
removal in excess of this threshold. A significant tree is defined as one being eight inches or
larger in diameter for deciduous trees and four inches or larger in diameter for coniferous trees.
The tree survey indicates 3,726 total caliper inches on the site. The applicant has submitted a
tree plan indicating that 2,880 inches (77 percent) would be removed, which is 86 inches over the
maximum allowed. Therefore, the applicant would be required to plant at least 107.5 inches to
meet the City's restitution requirement. The applicant has provided a landscaping plan which
proposes 170 caliper inches of overstory deciduous trees as well as a number of coniferous trees
and understory trees. The plan therefore exceeds ordinance requirements.
2003026
Page 6
After the applicant submitted the tree preservation plan, they amended the grading plan. From
the new plan, it appears that the applicant is proposing additional tree removal. In addition, the
applicant needs to review two areas of the plan to determine whether additional disturbance to
the tree roots may result in greater tree loss than first estimated. More specifically, the applicant
had proposed saving four trees between units 10 and 11. These trees may not survive more than
a few years beyond construction due to the amount of grading nearby. In addition, it appears that
several trees near the retaining walls are likely to have 50 percent of their roots disturbed by
construction and may not survive. Staff has included a condition in the attached resolution
requiring the applicant to 1) revise the tree preservation plan to reflect the additional trees
proposed for removal due to changes in the grading plan, 2) apply the required shading on the
plans indicating the disturbance zones and 3) reconsider the status of trees likely to be
significantly disturbed. The condition also requires that the restitution calculations and landscape
plan be revised as necessary.
Staff also note that the applicant has applied for a variance to allow the parking lot to be closer to
the western property line than would otherwise be allowed in order to save additional significant
trees. The variance request is discussed in greater detail later in this report.
Site Plan
The Zoning Ordinance contains specific standards for approval of a site plan and for
development in the O zoning district. Staff used these standards to review this application. The
specific standards that apply are as follows.
Building Setbacks
Section 21450.13 of the Zoning Ordinance requires a 50 -foot front -yard building setback and a
15 -foot side- and rear -yard building setback. The proposed buildings comply with the front and
rear yard setbacks, but the applicant has requested a variance to the side yard setback on the west
side of the property for units 11-16. The variance request is discussed in detail later in the report.
Parking
Section 21135.07 of the Zoning Ordinance identifies minimum parking and drive aisle setbacks
for commercial uses. Section 21135.07 of the Zoning Ordinance also identifies the dimensional
requirements for parking spaces and drive aisle width. Staff finds that the proposed parking
would comply with the setback and dimensional requirements.
Section 21135 of the Zoning Ordinance provides parking requirements for office uses. The
parking requirements are based on the gross floor area of the building. The applicant proposes to
provide 130 parking spaces where the ordinance requires 168 spaces for professional offices and
212 spaces for medical offices. The applicant has requested an interim use permit to reduce the
number of required parking spaces for this site. The interim use permit is discussed later in the
staff report.
2003026
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Building Height
Section 21450.13 of the Zoning Ordinance specifies a maximum building height of 35 feet.
Units 11-16 are the tallest structures and would be roughly 26 feet high. Consequently, the
height of the building would comply with the ordinance standards.
Building Coverage
Section 21450.13 of the Zoning Ordinance specifies a maximum structural coverage of 35
percent in the O Zoning District. The proposed building coverage would be roughly 8 percent of
the lot area. Therefore, the proposal would comply with the City's building coverage standard.
Loading Areas
Section 21135.14 of the Zoning Ordinance provides loading space requirements. The applicant
is proposing offices uses which do not require loading areas. Delivery would generally be via
UPS -type carriers and would be to the front door. This would comply with ordinance
requirements.
Lighting
Section 21105.06 of the Zoning Ordinance regulates exterior lighting, including minimum and
maximum lighting standards. The ordinance requires a maximum of 0.5 -foot candles of light at
the property line or the centerline of the public street. The applicant's plan would comply with
this requirement. The ordinance requires a minimum of 0.9 -foot candles for parking lots and a
minimum of 5 -foot candles at the building entrances. The applicant's plan does not comply with
these requirements. Staff has included a condition in the attached resolution requiring the
applicant to revise the lighting plan to comply with these minimums.
The ordinance also states that the height of freestanding luminaires cannot extend above the roof
line of the principal building. The applicant is proposing to use 24 -foot high poles, which are
taller than the 23 -foot high roof on the structures containing units 1-10, but shorter than the 31 -
foot high roof on the structures containing units 11-16. Consequently, the height of the
freestanding luminaires would not comply with the ordinance standard. Staff has included a
condition in the attached resolution requiring the applicant to reduce the height of the
freestanding luminaires consistent with the ordinance requirement.
The ordinance also requires that freestanding luminaires have a cutoff angle less than or equal to
90 degrees. The applicant's plan would comply with this standard.
Signage
Section 21155 of the Zoning Ordinance regulates signage. This use is allowed two area
identification signs not to exceed 32 square feet per sign. The applicant's plan shows one 28.5 -
square foot sign, which complies with the requirements.
2003026
Page 8
Building Materials
Section 21115.03, Subd. 1 of the Zoning Ordinance specifies general standards for building
construction. The office buildings would be stucco trimmed with cedar shakes and stone and
have pitched roofs. Staff finds that the materials and design meet the standards in the Zoning
Ordinance.
Trash and Recycling
Section 21120.07 of the Zoning Ordinance includes performance standards for exterior trash
storage. The applicant is proposing one trash enclosure in the center of the site. The enclosure
would be finished with cedar shakes and cultured stone to match the building trim. This would
comply with the ordinance requirements.
Landscaping/Screening
Section 21130.03 of the Zoning Ordinance requires commercial developments to provide the
greater of a) one tree per 1,000 square feet of gross building floor area or b) one tree per fifty
lineal feet of site perimeter. Based on these standards, the ordinance would require that 49 trees
be planted on the site. The applicant is proposing to plant 99 overstory trees, 36 understory trees,
and numerous shrubs and decorative plantings. The ordinance allows the applicant to substitute
three understory trees for a portion of the required overstory trees; therefore, the applicant's plan
includes the equivalent of 111 overstory trees. This would exceed the ordinance requirements for
the number of trees. The Zoning Ordinance also requires that a minimum of 25 percent of the
required trees be coniferous and a minimum of 25 percent be deciduous. The developer has
provided 31 coniferous trees where 12 are required. This also exceeds ordinance requirements.
As discussed with the tree preservation section of the report, a condition is included in the
attached resolution requiring the applicant to revise the landscaping plan should additional
caliper inches be required to comply with the ordinance requirements for reforestation.
Drainage/Treatment of Runoff
The two treatment ponds proposed on the site would be designed to accommodate the storm
water runoff under fully developed conditions as well as treat the storm water runoff prior to its
discharge into the Plymouth Creek. Therefore, the preliminary proposal would meet the City
regulations pertaining to drainage and water quality.
Wetlands
The subject property includes one low -quality wetland on both sides of Plymouth Creek. The
applicant has proposed a minor alteration (380 square feet) to the wetland which is small enough
to be exempt from mitigation requirements. In addition, the applicant has submitted data
confirming that roughly 33 percent of the pond is within the wetland buffer where the ordinance
allows for a maximum of 50 percent. The preliminary proposal would meet City requirements.
However, the wetland buffers, buffer monuments and buffer setbacks are not shown on the plans,
2003026
Page 9
although the plans appear to have accounted for the required distance. Staff has included a
condition in the attached resolution requiring the applicant to revise the plans to show the
wetland buffers, buffer monuments and buffer setbacks in compliance with the Zoning
Ordinance.
Floodplain
A portion of the subject property lies within the 100 -year floodplain. The floodplain extends
slightly beyond the creek and wetland as shown in the attached exhibit. The applicant has not
proposed any buildings within the floodplain. A short segment of a retaining wall shown on the
plans would extend six inches into the floodplain, but retaining walls do not require flood -
proofing.
Shoreland Management Overlay District
The majority of the subject property is within the Plymouth Creek Shoreland Management
District Overlay. Section 21665 of the Zoning Ordinance requires all structures be set back 50
feet from the creek. The section also limits impervious surfaces to a maximum of 25 percent.
All buildings proposed would meet the 50 -foot required setback from the creek, but the
applicant's plans propose just under 26 percent impervious surface. The applicant's request for a
variance from the 25 percent maximum impervious surface requirement is discussed later in the
report.
Interim Use Permit
The applicant is requesting an interim use permit to provide 130 parking stalls where Section
21135 of the Zoning Ordinance requires 168 stalls for professional offices and 212 stalls for
medical offices. The applicant has provided documentation to support the reduced parking,
demonstrating that the number of parking stalls required by the Zoning Ordinance is in excess of
what is needed based on the use of the building and the number of employees and visitors. The
documentation includes letters from townoffice owners describing their parking needs (5-8
spaces each) and a parking study by Northwest Associated Consultants. The study found that 7.7
parking spaces per unit was adequate and the applicant has proposed 8.1 parking spaces per unit
for the 16 -unit development. Based on the number of employees and the average number of
sales calls and customer visits for other units in other similar developments, it appears that the
site contains a sufficient number of parking stalls to accommodate normal parking demand. Staff
also notes that the applicant received an interim use permit for reduced parking at his townoffice
development on Fernbrook south of 34th Avenue. There have been no parking problems at that
development which was built in late 2001.
Due to impervious surface coverage limitations and the location of the treatment pond on the
south side of the property, if parking shortages would occur, the site could not be easily modified
to accommodate a parking lot expansion. In order to avoid future parking problems, staff have
included a condition in the attached resolution which would prohibit medical office uses in the
building. Medical office uses typically create a higher demand for parking over other office uses.
In the event that parking problems occur in the future, the applicant would be able to convert a
2003026
Page 10
portion of the parking lot to compact parking in order to increase the number of spaces provided.
A condition is included in the attached resolution requiring the installation of compact parking
spaces if shortages occur.
Variances
The applicant has requested three variances from the requirements of the Zoning Ordinance as
follows:
a. A reduced side -yard setback (from 20 feet to 5 feet) for the parking along the
west property line.
b. A reduced side -yard setback (from 15 feet to 10 feet) for units 11-16 along the
west property line.
c. An increase in the maximum allowed impervious surface coverage (from 25
percent to 26 percent) for the portion of the development within the Plymouth
Creek Shoreland Management Overlay District.
d. Waive the requirement for a fire lane within 50 feet of all sides of the
building.
Parking Setback
The applicant has proposed to reduce the parking lot setback to five feet along the west property
line where 20 feet is required in Section 21135.07. The applicant is requesting the variance to 1)
keep the development further back from the steep slopes on the site and the 100 -year floodplain
and 2) save additional trees. Without the variance, the buildings would be 15 feet further east
and would be within the 100 -year floodplain. The Zoning Ordinance would allow placement of a
building in the floodplain with the approval of a conditional use permit. However, construction
in the floodplain would require that the applicant expand the area of the pond to provide for lost
flood storage which in turn would result in greater tree loss. In addition, moving the
development further from the steep slopes creates an opportunity to protect not only the slopes,
but more of the mature maples than otherwise would be possible. In order to ensure the slopes
are protected, staff has included a condition in the attached resolution requiring that the applicant
submit additional information on the methods he will be using to stabilize and protect the steep
slopes during the development process.
With this condition, staff has concluded that the hardship is unique to this parcel of land and
caused by the Zoning Ordinance, was not self-created nor based upon a desire to increase the
value or income potential and is the minimum action required to meet the intent of the ordinance
requirements. Granting the variance would not be detrimental to the public welfare or injurious
to other land or improvements in the neighborhood, nor impact the amount of light or air on
adjacent properties.
Building Setback
The applicant has proposed to reduce the building setback on the west side of the property from
15 to 10 feet due to an easement for the overhead power lines. The easement does not allow
buildings within its boundaries. The easement is a unique circumstance which constrains
2003026
Page 11
development of the southern edge of the property, creating a "pinch point" for unit 16. The
conditions relating to the hardship are unique to this property and are not generally applicable to
other properties in the O zoning district because the presence of the easement is a unique feature
not found on most parcels. The variation would not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood. However, staff notes that the
City's pending adoption of the 2000 International Building Code could impact the rear elevation
of units 11 through 16. Projections, such as the overhangs, decorative columns, etc. may not be
allowed to project into the rear yard area. Consequently, a condition is included in the attached
resolution requiring the applicant to revise the rear elevation of units 11-16 as necessary to
conform with the IBC as well as Section 21115 of the Zoning Ordinance which requires all sides
of a building to have essentially the same or coordinated treatment.
Impervious Surface
The applicant has requested a variance to the requirement that limits impervious surface on the
portion of the development within the Plymouth Creek Shoreland Management District to 25
percent. The submitted plan demonstrates that the proposed development would have roughly 26
percent impervious surface. The applicant has also submitted a concept sketch showing an
alternative layout for the parking lot which would meet the maximum 25 percent requirement
refer to attachments). It would involve relocating the pond and extending the parking lot further
south outside the shoreland district. However, the alternative layout would increase the total
amount of impervious surface by about 360 square feet. Although the increase in impervious
surface would be in an area outside the shoreland district, this area still ultimately drains to
Plymouth Creek. Encouraging more impervious surface that drains to the creek would be
contrary to the intent of the regulations to minimize stormwater run-off. Therefore, the hardship
is related to a unique topographic situation on a specific parcel of land involved and is not
applicable generally to other property within the same zoning district. Nor is the purpose of the
variation based upon a desire to increase the value or income potential of the parcel of land,
likely to be detrimental to the public welfare or interfere with other improvements on adjacent
properties. Further, the hardship was not self-created but caused by the Ordinance and is the
minimum action required to eliminate the hardship.
Fire Lane
The applicant has requested a variance to the requirement that all sides of buildings be within 50
feet of a fire lane. The applicant has stated that the request is necessary to protect the steep
slopes as well as to preserve as many trees as possible which would not be possible should the
fire lane be installed. In lieu of the fire lane, the applicant proposed installing automatic
sprinkler systems in all the buildings. Staff has reviewed the request and recommends approval
subject to the following conditions:
a) All buildings must be protected with a City approved automatic fire sprinkler
system.
b) Fire hydrants must be installed in approved locations on the site.
C) Fire flow calculations must be submitted to the Fire Inspector.
2003026
Page 12
d) Approved access walks must be installed from the parking area in approved
locations to the rear of all buildings as required by the Building Code.
e) The hammerhead turnaround on the south side of the site must comply with the
minimum Fire Department turnaround requirements. The turnaround is currently
shown slightly less than 20 feet by 120 feet as measured from inside curbs.
The Fire Inspector's Memo is attached.
6. Conclusion
Staff concludes that the preliminary and final plat, site plan, interim use permit and variances are
in conformance with the Comprehensive Plan and meet all of the measurable standards outlined
in the Zoning and Subdivision Ordinance, with the conditions in the attached resolution.
7. Recommendation
Community Development Department staff recommends approval of the preliminary and final
plat, site plan, interim use permit and variances for the construction of a 16 -unit townoffice
development, based on the findings and conditions listed in the attached resolution, as
recommended by the Planning Commission.
ATTACHMENTS:
1. Minutes from the June 18, 2003 Planning Commission Meeting
2. Engineer's Memo
3. Fire Inspector's Memo
4. Interim Use Permit Standards
5. Conditional Use Permit Standards
6. Variance Standards
7. Graphic Summarizing 34th Avenue Vacation Request
8. Shoreland Overlay District with Impervious Surface Calculations
9. Alternative Site Layout
10. Applicant's Narrative
11. Location Map
12. Article from the Minnesota Leasing Guide May/June Issue, pp. 8 and 26.
13. Site Graphics
14. Resolution Approving the Preliminary and Final Plat
15. Resolution Approving the Site Plan, Interim Use Permit, and Variances
Draft
Planning Commission Minutes
June 18, 2003
Page 2
7. PUBLIC HEARINGS
A. DAVERN, INC. (2003026)
Chair Larson introduced the request by DaVern, Inc. for a preliminary plat, interim use permit,
site plan and variances for "Annapolis Town Office Park", a 16 -unit office development to be
located on the southeast corner of 34th Avenue North and Annapolis Lane North.
Senior Planner Darling gave an overview of the June 10, 2003 staff report.
Commissioner Wilson noted this project required three variances, one of which is substantial,
and asked if there is a limit on the number of variances allowed.
Senior Planner Darling responded there is no limitation on variances requested. She said the
content of each variance should be reviewed separately, and to keep in mind that the proposed
development site is a difficult piece of property for any development.
Chair Larson asked if there is any reason not to require parking spaces for compact vehicles now
rather than require conversion if there are future problems.
Senior Planner Darling responded that today's reality is that more people drive larger vehicles,
such as SUVs, and would have difficulty fitting such oversized vehicles into the compact spaces
which are 8 -foot rather than the proposed 9 -foot spaces. Senior Planner Darling stated the
applicant is confident there is enough parking on the site.
Commissioner Holmes referenced the vacated easements on 34th Avenue and asked who would
be responsible for the maintenance of the property.
Senior Planner Darling responded that the maintenance reverts to the person who owns the
property. The applicant would be responsible for the driveway and that portion of land alongside
the driveway, and adjacent property owners would maintain the property they receive back.
Chair Larson introduced the applicant, David Ficek, representing DaVern, Inc., who thanked staff
for their diligence in processing this application. Mr. Ficek said there will be an owner's
association which will charge a monthly fee for their services which include snowplowing,
landscaping, and building and parking lot maintenance. He added this arrangement has worked
great on other properties.
Commissioner Musliner asked if the applicant is agreeable to the condition prohibiting medical
facilities.
Mr. Ficek responded he is completely in agreement with this condition. Mr. Ficek said that a
project in Shoreview had a dental clinic and within two years requested 25% more parking space.
IJ
Draft
Planning Commission Minutes
June 18, 2003
Page 3
Mr. Ficek stated occupants are typically attorneys, accountants, mortgage and title companies,
etc.
Planning Manager Senness said this same condition restricting medical clinics applied to the
Fernbrook Townhome development.
Chair Larson continued the public hearing. There being no one to speak on the subject, Chair
Larson closed the public hearing.
MOTION by Commissioner Griffith, seconded by Commissioner Weir, to approve the request
by DaVern, Inc. for a preliminary plat, interim use permit, site plan and variances for "Annapolis
Town Office Park", a 16 -unit office development to be located on the southeast corner of
34th
Avenue North and Annapolis Lane North. Roll Call Vote. 7 Ayes. MOTION approved
unanimously.
QUAIL RIDGE HOMEOWNERS ASSOCIATION AND CITY OF PLYMOUTH
003055)
Chair Larso ' troduced the request by the Quail Ridge Homeowners Association and the City of
Plymouth for a ditional use permit to allow construction of an area identification sign in the
public right-of-wa cated at the intersection of Old Rockford Road and Rockford Road
County Road 9).
Senior Planner Darling gave overview of the June 18, 2003 staff report.
Chair Larson introduced Dan Basil, 300 41St Avenue North. Mr. Basil stated he is the Co -
Director of the Quail Ridge Homeown Association and feels this is a win-win resolution in
that it would keep the weeds mowed ina that has been a problem, and provide a place for
the sign monument as well so the neighborho would have identity.
Commissioner Rohloff inquired about the ongoing lem with weeds and asked why this
presents a special circumstance.
Senior Planner Darling explained that these lots have doubletage and the property in
question has an extra deep right-of-way, as there is a county roa rail, and a number of utility
lines. The property owner has been unable to maintain this corner e City has received
complaints. Orders have been issued to the property owner to mow an en the time line was
not met, the City would mow and assess costs to the property owner. The eowners
association is getting involved with a more permanent solution.
Commissioner Rohloff asked if the homeowner was aware of the size of the
purchasing his property.
W
CITY OF PLYMOUTH
ENGINEERS MEMO
to
Planning Commission & City Council
DATE: June 10, 2003
FILE NO.: 2003026
PETITIONER: David E. Ficek
DaVern Inc.
637 W. Larpenter
Roseville, MN 55113
PRELIMINARY PLAT: ANNAPOLIS TOWNOFFICE PARK
LOCATION: South of 34"' Ave. and west of I-494 in the northwest 1/a of
Section 22.
1. AREA ASSESSMENTS:
a) Watermain: None
b) Sanitary sewer: None
2. OTHER ASSESSMENTS:
a) Sanitary sewer lateral: None
b) Water lateral: None
C) Street and storm sewer lateral: None
3. LEGAUEASEMENT AND AGREEMENT REOUIREMENTS:
a) Provide standard utility and drainage easements: The City will require
utility and drainage easements ten feet (10') in width adjoining all streets and
six feet (6') in width adjoining side and rear lot lines.
b) Provide standard easements for construction: N/A
0:\Engineering\DEVLMNTS\2003\2003026\Docmts\Preliminary Plat.doc
5,
ANNAPLIS TOWNOFFICE PARK (2003026)
PRELIMINARY PLAT
Page 2
C) Provide ponding easement: Provide drainage and utility easements for both
NURP Ponds on the final plat. The Plymouth Creek Floodway shall also be
covered with a drainage and utility easement.
d) Vacate unnecessary easements: The developer has petitioned for the
vacation of a portion of 34' Ave. east of the intersection of 34' Ave and
Annapolis Lane.
e) Provide a Maintenance Agreement for Water Quality Pond: A
maintenance agreement is required.
f) Provide necessary street right of way: Complies
g) Provide Owners Duplicate Title if property is Torrens:
h) Provide correct street names: Complies
4. NECESSARY PERMITS:
a) See the Site Plan Memo.
5. CONSTRUCTION REQUIREMENTS:
a. Provide acceleration/deceleration lanes: N/A
b. Indicate whether the City or the developer will: N/A
c. Provide the following revisions to the street and utility plans: N/A
d. The Contractor shall contact Sewer and Water Supervisor, Brian Young at
763-509-5992 24 hours prior to any public sewer/watermain connection:
e. The Contractor shall contact Street Supervisor Gary Smith at 763-509-5993
24 hours prior to any construction activity within City right-of-way and/or
easements:
f. Provide the following erosion control measure on the grading plan: See Site
Plan Memo
6. COMPREHENSIVE PLAN REQUIREMENTS:
Provide construction plans that comply with the:
a) Thoroughfare Guide Plan: Complies
0:\Engineering\DEVLMNTS\2003\2003026\Docmts\Preliminary Plat.doc
Lf
ANNAPLIS TOWNOFFICE PARK (2003026)
PRELIMINARY PLAT
Page 3
b) Water Distribution Plan: Complies
C) Sanitary Sewer Plan: Complies
7. APPLICATION INDICATES COMPLIANCE WITH WATER RESOURCE
PLAN POLICIES:
Constructed detention ponds should be relied upon to limit runoff to
pre -development rates and to control downstream flooding where
feasible; natural basins may also be utilized: Shall comply with Bassett
Creek Watershed requirements.
Increased volumes of runoff due to development should be minimized
by limiting impervious cover and encouraging infiltration of storm
water where soil conditions are appropriate: Complies
The City encourages the use of alternative landscape techniques and
materials to reduce rates and volumes of runoff. Complies
Proposed developments must identify all reasonable steps to avoid water
quality impacts and mitigate with appropriate best management practices
BMPs), to prevent water quality in receiving waters from falling below
established standards: Complies
8. OTHER REOUEUMENTS:
a) Minimum floor elevations: N/A
9. SPECIAL CONDITIONS:
a) None
Submitted by:
iI
Ronald S. Quanbeck, P.E.
City Engineer
0:\Engineering\DEVLMNTS\2003\2003026\Dmmts\Preliminary Plat.dm
CITY OF PLYMOUTH
ENGINEERS MEMO
to
Planning Commission & City Council
DATE: June 10, 2003
FILE NO.: 2003026
PETITIONER: David E. Ficek
DaVern Inc.
637 W. Larpenter
Roseville, MN 55113
SITE PLAN: ANNAPOLIS TOWNOFFICE PARK
LOCATION: South of 34`h Ave. and west of I-494 in the northwest 1/4 of
Section 22.
1. AREA ASSESSMENTS:
a) Watermain: None
b) Sanitary sewer: None
2. OTHER ASSESSMENTS:
a) Sanitary sewer lateral: None
b) Water lateral: None
C) Street and storm sewer lateral: None
3. LEGAL/EASEMENT AND AGREEMENT REOUIREMENTS:
a) Provide standard utility and drainage easements: The City will require
utility and drainage easements ten feet (10') in width adjoining all streets and six
feet (6') in width adjoining side and rear lot lines.
b) Provide Standard Easements for Construction: None
0:\Engineering\DEVLMNTS\2003\2003026\Doemts\Site Plan.doe
ANNAPOLIS TOWNOFFICE PARK (2003026)
SITE PLAN
Page 2
C) Provide ponding easement: Provide drainage and utility easements for both
NURP Ponds on the final plat. The Plymouth Creek Floodway shall also be
covered with a drainage and utility easement.
d) Vacate unnecessary easements: The developer has petitioned for the vacation
of a portion of 34"' Ave. east of the intersection of 34' Ave. and Annapolis
Lane.
e) Provide a Maintenance Agreement for Water Quality Pond: A maintenance
agreement will be required.
f) Provide the necessary street right of way: Complies
g) Provide Owners Duplicate Title if property is Torrens:
h) Provide correct street names: Complies
4. NECESSARY PERMITS:
a) DNR
b) MnDOT
C) MPCA (Private System)
d) State Health Department (Private System)
e) Wetland Conservation Act
f) Bassett Creek
g) Army Corps of Engineers
h) NPDES
5. CONSTRUCTION REQUIREMENTS:
a) Provide acceleration/deceleration lanes: N/A
b) Provide a Grading, Drainage, and Erosion Control Plan in compliance with
the City's Erosion Control Policy: See Special Conditions
C) Provide necessary fire hydrants: Relocate the hydrant on the north end of the
site west of the drive aisle to the east side. Add a hydrant between Lots 8 & 9.
Relocate the hydrant north of Lot 11 south to north side of the first parking stall.
Relocate the hydrant on the south side of the site to the south side of Lot 16.
0:\Engineering\DEVLMNTS\2003\2003026\Docmtt\Site Plan.doc
ANNAPOLIS TOWNOFFICE PARK (2003026)
SITE PLAN
Page 3
d) Indicate the size and type of material proposed in the utility systems on the
utility plans: Complies
e) Provide a post indicator valve and fire department connection: Relocate the
post indicator valves to the front of the buildings.
f) Provide hydrant valves: Complies
g) Provide sanitary sewer clean -outs: N/A
h) Provide a grading plan in compliance with site drainage requirements: See
Special Conditions
i) Provide concrete curb and gutter: Note the curb as B612 on sheet C-1.
j) Provide a site plan in compliance with parking lot standards: Note the detail
for the parking section on a detail sheet.
k) Provide a site plan in compliance with fire lane standards: Note the detail
for the parking section on a detail sheet.
6. OTHER REOUIREMENTS:
a) Minimum floor elevations for Lots 1 through 5 shall be 959.4 which is 1.5 feet
above the emergency overflow elevation of 957.9.
7. APPLICATION INDICATES COMPLIANCE WITH WATER RESOURCE
PLAN POLICIES:
Constructed detention ponds should be relied upon to limit runoff to pre -
development rates and to control downstream flooding where feasible;
natural basins may also be utilized: Shall comply with Bassett Creek
Watershed requirements.
Increased volumes of runoff due to development should be minimized by
limiting impervious cover and encouraging infiltration of storm water
where soil conditions are appropriate: Complies
The City encourages the use of alternative landscape techniques and
materials to reduce rates and volumes of runoff: Complies
Proposed developments must identify all reasonable steps to avoid water
quality impacts and mitigate with appropriate best management practices
BMPs), to prevent water quality in receiving waters from falling below
established standards: Complies
0:\Engineering\DEVLMNTS\2003\2003026\Dmmts\Site Plan.dm
ANNAPOLIS TOWNOFFICE PARK (2003026)
SITE PLAN
Page 4
8. NOTE:
The Contractor shall contact Sewer and Water Supervisor, Brian Young at 763-509-5992
24 hours prior to any public sewer/watermain connection.
The Contractor shall contact Street Supervisor Gary Smith, at 763-509-5993 24 hours
prior to any construction activity within City right-of-way and/or easements.
The City requires reproducible mylar prints of sanitary sewer, water service, storm sewer
and pond As-Builts for the site prior to the financial guarantee being released.
The site plan shall comply with the City of Plymouth's current Engineering Guidelines or
the State Plumbing Code, whichever applies.
The site utilities on this plan have not been reviewed by the Engineering Department for
compliance with the State Plumbing Code.
9. SPECIAL CONDITIONS:
a) Provide a detail for the demolition and reconstruction of the drive way within
the vacated 34' Ave. ROW.
b) The retaining walls over 4 feet in height must be an engineered wall.
C) A fence is required on top of any wall 4 feet or higher.
d) All storm sewer shall be RCP.
e) Add a storm manhole for the south pond to direct the flared end section into the
pond and not into the side of the bank.
f) Realign outfall into Plymouth Creek so the flow is directed down the channel.
g) Rip Rap the bank opposite of the outfall into the north pond.
h) For the driveway entrance at Annapolis Lane (vacated 34' Ave.) use City Detail
STRT-5A.
i) The maintenance for the driveway within that part of vacated 34' Avenue shall
be the responsibility of the property owners. This condition shall be included in
the association documents.
O:\Engineering\DEVLMNTS\2003\2003026\Docmts\Site Plan.doc
91
ANNAPOLIS TOWNOFFICE PARK (2003026)
SITE PLAN
Page 5
j) The maintenance for the sanitary sewer within the vacated 34' Ave. right of
way shall be the responsibility of the property owners. This condition shall be
included in the association documents.
k) Include a detail sheet with the plans.
1) Show all structures and utilities including parking lots within 100 feet of the
site.
m) Core drill the connection to the existing Storm Sewer Manhole.
n) Note the invert elevation for the flared end section in the south pond.
o) NURP Ponds shall be excavated at start of grading.
P) Show a rock overflow for each NURP Ponds including the configuration and
elevation.
q) Use City Detail DWG -5 for the silt fence. Heavy Duty wire back silt fence is
required.
r) Use City Detail DWG -7 for the rock construction entrance.
s) Show Buffer Zone and Wetland Posts. Use DWG -5A.
t) Show the wetland area impacted/graded and note the size of the area. If it is
greater than 400square feet, sequencing and a mitigation plan are required.
U) Add silt fence along the east side of the south NURP Pond.
V) Add silt fence east of MH A.
w) Add silt fence around the flared end sections.
X) What is the elevation where the storm sewer runs between Lots 3 and 4 and
show an emergency overflow for this location.
Y) Any encroachment on the adjacent property requires written approval of the
property owner.
Submitted by : / /!=t//
Ronald S. Quanbeck, P.E.
City Engineer
0:\Engineering\DEVLMNTS\2003\2003026\Dmmts\Site Plan.dm
DATE: June 3, 2003
TO: Marie Darling, Senior
FROM: Stan Scofield, Fire Inspector
SUBJECT: Fire Lane Variance Request — Am-)apolis Town Office Park
DRC File 2003026
David Ficek, representative of DaVern, Inc. has requested a variance to the City fire code
requirement that all sides of buildings be within 50 feet of a fire lane. The request is
based on the site figuration including significant grade level changes and preservation of
as many trees as possible on the site, thus eliminating the need for additional retaining
walls. Compliance with the City fire code requirement would be very difficult based on
the noted reasons.
Approval of the variance request is recommended with the following stipulations:
All buildings must be protected with a City approved automatic fire sprinkler
system.
2. Fire hydrants must be installed in approved locations on the site.
3. Fire flow calculations must be submitted to the Fire Inspector and be approved by
the Fire Inspector.
4. Approved access walks must be installed from the parking area in approved
locations to the rear of all buildings on site.
5. The hammerhead turn -around on the south side of the site must comply with the
minimum Fire Department turn -around requirements.
SS:jb
ifm\5443Wnnapo1is Town Office Park.doc
Interim Use Permit Standards
21020.03. GENERAL STANDARDS: An interim use shall comply with the following:
Subd. 1. Meet the standards of a conditional use permit set forth in Section
21015.02, Subd. 5 of this Chapter.
Subd. 2. Conform to the applicable general performance standards of Section
21015.04 of this Chapter.
Subd. 3. The use is allowed as an interim use in the respective zoning district.
Subd. 4. The date or event that will terminate the use can be identified with
certainty.
Subd. 5. The use will not impose additional unreasonable costs on the public.
Subd. 6. The user agrees to any conditions that the City Council deems appropriate
for permission of the use.
M
W
ZONING ORDINANCE
CONDITIONAL USE PERMIT 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:
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.
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)
ZONING ORDINANCE
VARIANCE STANDARDS
The Board and Zoning Administrator shall not approve any variance application
major or minor) unless they find failure to grant the variance will result in undue
hardship on the applicant, and, as may be applicable, all of the following criteria
have been met:
That because of the particular physical surroundings, shape, or
topographical conditions of the specific parcel of land involved, a
particular hardship to the owner would result, as distinguished from a
mere inconvenience, if the strict letter of the regulations were to be
carried out.
2. That the conditions upon which a petition for a variation is based are
unique to the parcel of land for which the variance is sought and are not
applicable, generally, to other property within the same zoning
classification.
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.
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.
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.
6. That the proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion of
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
neighborhood.
7. That the requested variance is the minimum action required to eliminate
the hardship.
Section 21030 -Plymouth Zoning Ordinance
formsNariance Standards.doc)
Graphic Summarizing 34th Avenue Vacation Request
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ANNAPOLIS TOWNOFFICE PARK
SHORELAND MANAGEMENT OVERLAY DISTRICT
PLYMOUTH, MINNESOTA
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ALTERNATIVE LOT LAYOUT
IMPERVIOUS % WITHIN
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EDGE = 25.8%
GRAPHIC SCALE
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ANNAPOLIS TOWNOFFICE PARK
ALTERNATIVE SITE PLAN
PLYMOUTH, MINNESOTA
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IMPERVIOUS AREA OF CURRENT PLAN = 3292 S0. FT
J
IMPERVIOUS AREA OF ALTERNATIVE PLAN = 3649 S0. FT
i
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C31
DaVernln,.
Residential • ;Comnercial Land Development •
This property was purchased because of the success of the Fernbrook
Townoffice Project and the continued demand for townoffices.
Many unique physical characteristics of the land have made this a difficult
project.
1. Shallow sanitary sewer
2. 32' change in topography — varying from flat to sloping
3. Heavily wooded
4. "No -build" zones within Xcel power line easements
5. Creek — wetland
6. Limited ponding area without removing more trees
These constraints would make most other projects nearly impossible without
incurring substantial economic hardship.
This $5 million Townoffice project is best suited for this property, no rezoning is
required. However, two variances are herein requested.
1. 5' parking set back on west property line. This will reduce the
number of trees to be removed on the freeway side of the project.
Granting this variance would have no impact on the adjacent
property to the west.
2. Parking deviation down to 8 stalls per unit. The Fernbrook project
was approved and built with 7.8 stalls/unit without any shortage
issues.
Also, I hereby waive the 60 -day review period for the final plat, allowing the City
mouth 120 days for preliminary plat review. My request is to run all
n .
50Aapprova
s simultaneously in order to begin the project before June 1, 2003.
respectfully request the following:
a. Granting of requested and unknown variances
b. Approval of site plan
C. Approval of preliminary plat
d. Approval of final plat
Your time and consideration are gratefully appreciated.
Yours truly,
David E. Ficek
637 W. Larpenter • Roseville, MN 55113
651) 487-9000 • Fax(651)487-9001 • License #3499
13
DaVern
Residential • Commercial • Land Development +
Annapolis Townoffice Park
Plymouth, MN
The subject property is zoned for office.
1t*1U6; J Aet4o wj
Townoffices provide the owner -occupied units an opportunity of affordable and
permanent business office ownership. The city and neighbors can be assured of a
perpetually pleasing/maintained project because of individuals' pride of ownership.
Additional assurances of continued quality will be provided by an Association of owners.
As in a town house complex, this Association will be self -governed and self -managed,
being responsible for maintaining the integrity of the project via Association dues for
insurance, snowplowing, lawn/landscape care, building and parking lot maintenance, plus
reserve funds for future maintenance.
We welcome Staff, Planning Commissioners, and Council Members to view the
following projects, which have been completed or are currently under construction.
Cliff Cove Hwy. 13 & 117`" St. — Burnsville (16 units)
Blackberry Blaine & Upper 55`" — Inver Grove Heights (31 units)
Aztec Hwy. 212 & Anderson Lakes Pkwy — Eden Prairie (21 units)
Fernbrook Fernbrook & Harbor Lane — Plymouth (18 units)
Forestview 73'd & Forestview Lane — Maple Grove (16 units)
Blacktern Rice St. & County Dr. — Little Canada (17 units)
Tanglewood Hwy. 49 & Tanglewood — Shoreview (6 units)
Parking Variance
The property's shape, size, topography, and wetlands posed a challenge. In a concerted
effort to preserve trees, the parking shown represents 1 spot per 347 -sq. ft. of building
area. This equates to 8.375 stalls per office unit. 9' stalls were used which is standard in
8 other projects/cities. Less impervious surface also reduces the impact of storm water
runoff.
From experience, a typical unit layout has 3 offices and a reception desk on the main
level and 2-3 offices down, totaling 7 occupants, thereby allowing 1 Yz parking spots for
clients/visitors.
My request for the parking variances can best be illustrated in the following chart of
projects that are complete or under construction. Attached are letters rationalizing my
proposal.
637 W. Larpenter • Roseville, MN 55113
651) 487-9000 • Fax (651) 487-9001 0 License #3499
Proiect Az'. Cily Total Units Total Ratio Stalls
SU,F Stalls Per Unit
Hamlin Place 6 yrs. Roseville 56,000 28 140 1:400 5
Tanglewood 5 yrs. Shoreview 14,336 6 50 1:286 8.3
Blacktern 4 yrs. Little Canada 40,992 17 134 1:306 7.8
Cliff Cove 2 yrs. Burnsville 28,224 16 111 1:254 6.9
Forestview 1 yr. Maple Grove 37,856 16 133 1:284 8.3
Fernbrook 1 yr. Plymouth 47,040 18 137 1:353 7.6
Aztec 1 yr. Eden Prairie 39,648 21 199 1:199 9.4
Blackberry 1 yr. Inver Grove 79,296 31 249 1:318 8.0
Averages 1:300 7.6
Annapolis Plymouth 46,592 16 134 1:347 8.3
The previous Plymouth project on Fernbrook was approved and built with 7.6 stalls/unit
vs this proposed project with 8.3/unit. The ratio of parking to square footage is nearly
identical for Annapolis and Fernbrook.
As demonstrated by other cities and proven over time by existing projects, my request is
reasonable - remembering that these units/offices are occupied as a Lld units with little to
no turnover.
Tree Preservation
Even though I am a developer/builder, tree preservation is a sensitive issue with me.
Over the past 27 years, I have earnestly attempted to save trees, foliage, meadows,
wetlands, ponds, and any other natural amenity. Though the impact of this project
appears severe, I feel it is the best use and layout. I have reduced the density by 20% and
subsequent parking stalls in order to preserve more of the natural amenity — trees.
I respectfully request pproval.
David E. Ficek
Da Vern, Inc.
DEF:bae
ALG --23-1999 16:30 NAC 612 S'J`3 9!3.37 P. 01/86
NORTHWEST ASSOCIATED CONSULTANTS
N10",N0
GoMMUmITY PLANNiNO - 09610N MARKICT RILSEARCM
MEMORANDUM
TO: Little Canada Mayor and City Council
FROM: Stephen Grittman
DATE: August 23, 1888
RE LNtle Canada - DaVern Preliminary PUWPUD
FiLE NO: 768.49 - 98.16
DaVern has revimW its plat• now called Slackdeln Was Park', following additional
engineorkng review and site plan Issues raised by the City. The revision has resultud in
a removal of one of the town -office units, resulting in a 17 unit project, rather than 113 units
as originally proposed. Tho building locations appear to meetths W foot building setbackfromtheshoreline, and the grading plan appears to show complkanoe with the required 25
foot setback for undisturbed natural landscape, as required by the Shorelasnd Ordinance.
it was staffs understanding that the W aWrshed District had taken issue with setbacks from
lite wedand area which would have significantly impacted the deslgn of We project (as well
as the ability to develop this site at all). The developer will need to provide docurnwmWon
that these Wom have been resolved.
Stag had previously worked with the developer to estimate a parking demand which Was
more oloseiy related to the probable parking requirement for the site. The
recommendation rr do lay ;tRff wnn fnr n mjWrrllW& of 140 apfinR& AP1111CM1171111M
r'.Iai
spaces per unit. T116 applicant's now plan reduces the unk count, and knoreaees
1
parking to provide this ratio of parking for 17 unit& As noted in our parking analysis for
this project and for the City in general, this approach to parking demand would be
consistent with our recommendations for changes to the City's zoning ordin mce, sus well
as with many other office parking standards around the Twin Cities and elsewhere.
The parking area on the south and of the complex would be d,imcult to access due to the
configuration. However, by redesigning this five angled spaces and the two parallel
spaoss on the end of the lot, a more acceptable arrangalrnent can be accomplished without
toeing parking spaces. The trash enclosure Is shown in this area as well. The applicanthasIndlcatedthatamaintenanceservicewouldbecollectingtrashfromtheindividualunite
so no single unit would be too far from the trash enclosure area.
37'75 WAYZATA 9OULEVARD, SUITE 9-117 ST. I.0U18 PARK. MINNEBOTA 9941 6
PHQivE 6 1 2-395-9638 PAX 61 2•5879837 E-MAIL NACS WINTURNET-COM
90/so,d L009 99L FT9 'SNI sNOS 666T-2?-d3s
90' d -1t1101
FLK3-23-1999 16131 MAC Old .l'JO 34162 F r . 4tf Sro
With regard to architectural . review, the Planning Commission expressed a general
approval of the building design and materials, reserving additional review as the project
design evolved- At this time. the developer hos yet to submit a IAndecaping pian, a
primary componwd of the CRYs design new process. Sings the extensive omount of
tree removal will result in a bv& replaosmert requirement it le recommended that OW
architectural rw arw be considered by the Piartri ft Commission and City Council with the
final plat and final stage of the PUD.
Planning staff recarnmends approval of the Preliminary Plat and Development Stage PUD
for Slaoktem C"ce Park, subject to the conditions by the Planning
Carrtmission In its July a report to the City Council (as addressed in this report), and
subject to the res nn*ndatlons of the City Engineer regarding grading and utility plana.
As noted, this recommendation withholds architectural rovlew approval until the feral PUO
stage so it may las coordinated with the review of the landscaping pian.
pt~ Kathy Glanzer
90/90'd L009 99L cT9 DNI SNOS T QOa'9 3 L—E:TT 666T-c?-d3S
i
FROW:"Vtrtual Office Support, Inc. FAX N0. : 5526469272 Apr. 17 2002 12:01PM P1
W F ti TB Y
PROPERTY
MANAGEMENT, LLC
John wesiby Pm-.tdcnt Valerie wegiby — Vice PfMident
April 16, 2002
To Whom It May Concern:
Admininmuu • Virtual Office Support, Inc.
1 am the owner of Unit 11 in Cliff Cove Townoffice Park located at 2426 117th Street,
Burnsville, MN, 55337. Cliff Cove is a project of DaVern II, Inc. Development
Company. I moved two businesses into this Unit July 1", 2001. I have been privileged to
be a pan of this growing business community from the beginning. Our negotiations with
DaVern B began in November of 2000. We signed a Purchase Agreement in January of
2001 and closed June 25h, 2001.
The Owners' Association assumed control of the Townoffice Park on November 10.
2001, and Westby Property Management was. contracted on the same day to manage the
property on behalf of the Owners.
We have found the planning of DaVern IT, Inc- to be excellent. One of the issues we
were particularly concerned about was how we might eventually fill up this huge parking
lot. We have since filled up the park with twenty businesses. The car traffic has become
very heavy. We even have a school bus that comes into the parking lot every school day.
The driver is dealing with some injuries and so has a Chiropractic treatment at one of the
businesses in our Park. Those of us who work at Clio Cove have learned to park our cars
in the middle or along the back row of parldng spaces in order to reserve the parking
spaces in front of the five buildings for our cli eats. Though our buildings are now filled
with businesses we still have more parking spaces than we need. We are grateful for the
careful planning by DaVern H this reflects.
We have 16 units distributed among the 5 buildings in Cliff Cove Townoffice park.
There are 102 general parking spaces, 4 handicapped reserved parking spaces and 3
parking spaces that three of the owners have blocked out for walking access areas into the
parking lot. Our parking lot design is very effective.
ohn C. Wesly
Westby Property Management
2426 117* Street
Bumovilio, MN 55337
952.9dSAIM
Fax 952.Sd8.9272
G,
E-mail:
John@valow.tom
BRUCE D. BATES, D.D.S.
2575 Hamline Avenue North
Suite F
Roseville, Minnesota 55113
Administrators
City of Little Canada
515 E. Little Canada Road
Little Canada, MN55117
February 1, 2000
Dear Sirs:
I have operated a dental practice at 2575 Hamline Ave. No. in Roseville for approximately 15 years, after
relocating from another practice site in Roseville at that time. I have served on the Owners' Association's
Board of Directors of the Hamline Townoffrce Plaza Association for most of those 15 years and, for the
past three years, I have been the presiding officer of our Board of Directors. Mr. David Ficek, the
developer who has completed the Hamline Place town -office park, asked me to provide this letter
confirming the staus of our parking accomodations.
The Hamline Place town -office park construction and occupancy is completed with 28 office units, each
having 1,000 square feet of office space on the ground floor ( 20 of these units have basements which are
finished" and are used in some capacity). There are 144 parking spaces allocated to these 28 office units,
resulting in 5.14 parking spaces per office unit.
Our experience, now that the office site has been completed and occupied for approximately two years, is
that the parking allocation seems to be adequate for the needs of the small businesses, and their clientele,
that have chosen to purchase or lease space in Hamline Place. Perhaps our history and experience can be
of help to you in your deliberations. Please feel free to contact me at 651-636-2373, during the work day,
if you have any questions.
Sincerely,
Bruce D. Bates, D.D.S.
President. Board of Directors
Hamline Townoffrce Plaza Association
Robert Marshall Company
Manufacturer's Representatives since 1953
As purchaser of 3234 No. Rice St. ( lot # 10 ), our staff will consist of 6
employees. At any one time, we anticipate a maximum of 1 client to be at
our facility during normal business hours, in addition to our staff. It would
be unusual to have a client visit our facility more than once or twice a week.
We are a manufacturers representative company and seldom have all of our
staff in the office at one time. one of our staff members works primarily
from home and usually comes to the office no more than once a week.
We conclude that the maximum number of parking spots we will require
will be 6.
es L. Danielson
President
1-27-00
6106 Excelsior Boulevard Minneapolis, MN 55416
Phone: 612-929-0457 Fax: 612-929-8307 Web Site: hrrp:1Avww rmarshall, coin
3aorE6fan6 Appraisaf, inc.
2905 Country Drive - Suite #160 - Little Canada, MN 55117
Phone (651) 483-5255 - Fax (651) 483-4980
Patrick D. Grengs, SRA, RM - President
January 28, 2000
Da Vern, Inc.
3585 North Lexington
Suite #270
Arden Hills, NIN 55126
Attn: David
Re: Parking needs for owned office at 3240 Rice St. Lot 9.
Dear David,
Pursuant to your request I would like to give a brief description of my company and parking
needs within Blacktem.
I currently have seven employees. The nature of my business is the appraisal of residential real
estate. Six of the seven employees are appraisers. Two of which work almost exclusively out of
their home offices. Generally during business hours only two or three of our appraisers are in the
office due to there day consisting of 50% field work. During the past 12 months I have had a
total of four clients visit my office. This was a brief stop to pick-up rush assignments.
I would estimate my parking needs within a typical business day to be plus or minus 5 stalls.
None of the staff requires handicap parking at this time.
If you should have any further questions concerning this appraisal, please feel free to contact me.
Sincerely,
Patrick D. Grengs
Owner & President
PDG/sas
July-GI--UU 1hU U4 -4U Ill ("U L1 iU11+L.L..1'iiiu
1
ski? NE
ENGINEERED SALES
2811 White Bear Avenue • Maplewood, MN 55109 (651) 770-7444 • fax(651) 770-7476
January 27, 2000
Mr. David Ficek
DaVern, Inc_
3585 North Lexington
Suite 270
Arden Hills, MN 55126
RE: Parking — Alacktcrn Offico P,,uk
Dear Mr. Ficek,
As purchaser of 3260 Rice Street (Lot 3, Block 1), our staff will consist of 2 employees. At any one
time, we anticipate a maximum of 5 clients to be at our facility during normal business hours, in
addition to our stall' This would only be a few times a year for training seminars, etc., and would not
be a daily occurrence.
Tlierefore, the number of parking spots we would need would be 7 maximum. Should you require any
additional information please feel free to contact our office.
Sincerely,
A472 /1a I. V- - 61 /0
Pamela Sanders, Office Manager
K&i3 Engineering
2345 RICE STREET • SUITE 173
ST. PAUL, MINNESOTA 55113-3793
651/484-7227
800/864-3813
FAX 651/484-9189
MINNESOTA PETROLEUM MARKETERS ASSOCIATION
OFFICERS
BOB KROGMAN
Execu" Dr'recWr
VERN K Pres Y
January 27, 2000
DEAN TONSFELDT
Wde Wt DaVern Inc
STEVE DAHL
rres,er David Ficek
DWAYNE HOHN 3585 North Lexington Suite 270
Secretary Arden Hills, MN 55126
DIRECTORS
Jim Curtis Mr. Ficek:
Ed Reichenbach
As purchasers of 3244 Rice Street (Lot 7), our staff now consists of four
Todd Johnson
employees. At any one time, we anticipate about three clients to be at our
Kevin Bede facility during normal business hours, in addition to our staff.
Tim Orton
Tom Beddund We conclude that the approximate number of parking spots we will
require will be 7.
Bruce Sellnow
Wade Carlson Thanks.
Lyle Schmidtke
Sincerely,
John Richmond
Ron Dehn
John Dvorak
Bob Krogman
Jim Thoma
Executive Director
Kevin Devereaux
Dewayne Hage
Clif Gipp
Jerry Kraus
Dorothy Ritz
JOBWN COMPANY
MANUFACTURER'S REPRESENTATIVES
Electronic & Electromechanical Components
February 4, 2000
David Ficek
DaVern, Inc.
3585 North Lexington, Suite 270
Arden Hills, MN 55126
Dear Dave,
In response to your inquiry about parking spaces on our unite #1 at Blacktern, I currently
have 3 employees. If we are all in the office at the same time,.typically there would be 4
cars present. We seldom have customers stopping by, but on occasion, we could have an
accounting meeting and maybe 5-6 cats max.
Sincerely,
I V
Marls Johnson
President/Owner
Johnson Company
Tqi
o AA ar'
L
V14 "tv-
4255 White Bear Parkway, Suite 2400 • St. Paul, MN 55110-3383
Telephone: (651) 429-2544
Fax: (651) 429-3104 • E -Mail: johnson(aminn.net
Rkhwd D. Cana, CPA
2345 Rice Btred
Suite 135
Raeville, Minnesota 55113
Phone 612-797-0770
February 7, 2000
Davern Inc.
David Flask
Dear David:
In response to you letter the other day regarding parking spaces, we will have the need for
approximately 6 required parking spaces for my new office location, It will be for myself and S
employees.
Public Accountant
M 1 CONSULTANTS, INC. '
t
Feb. 7, 2000
Re; parking - Blacktern office Park
I
As purchaser of 3224 Rlce St ( Lot 13), our staffwM consist of 3 employees. At a"one time, we
anticipate a mmd=um of 4 clients to be 8t our facility during normal business hours, in addition to
our staff.
We conclude that the maximum number of parking spots we will require will be 7_
Am Gale
President
Mortgage Broker, Real Estate and Investment Consultants
Jim Gale. President
3514 Emal Drive
Shoreview, MN 5S126
612) 978-3800
Fax (651)483-5517
FRATTALONE
PAVING
INC.
February 8, 2000
Davem Inc_
Atte_ Daniel
3585 North Lexing on
Suite 270
Arden Hills, NIN 5 5126
Fax- 651-481-7075
As purchaser of 3230 Rice Street Lot 12, our staff will consist of eight employees. At any one time, we
anticipate a maximum of three clients to be at our office during normal office hours in addition to our
staff. We feel that the maximum number of parking stalls we will require will be eleven.
i
Jeanne M. McCann
Office Manager
3137 COUNMY ORMI! • ST. PAui, MN 55117 • 651/484-0383 a FAY, 661/4$4-5327
AM Eoau OPMW%PM eNPLQYM'
David Ficek
DaVern Inc.
3585 North Lexington
Suite 270
Arden Hills Mn 55126
February 2, 2000
RE: Parking Blacktern Office Park
As the Purchaser of 3250, 3242, 3254 Rice Street (lot 4,5, &6) the total number of
occupants will consist on average 12-15. The maximum number of occupants will be 22
during normal business hours. The 22 occupants would include guests and employees.
It is our conclusion that the maximum number of parking spots we will require will be
22.
Sincerely
Thomas J Dunsmore
P
President
The Dunsmore Company
Location Map - 2003026
DaVern, Inc.
Annapolis Townoffice Park
Request for a Preliminary Plat, Final Plat,
Site Plan, Interim Use Permit, and Variance
rW NE
City of S
Plymouth, Minnesota
200 0 200 400 Feet
Land Use Guide Plan
C, Commercial
flM CC, City Center
RUE CO, Commercial Office
IP, Planned Industrial
1 LA -1, Living Area 1
j LA -2, Living Area 2
LA -3, Living Area 3
LA -4, Living Area 4
LAR, Living Area- Rural
P -I, Public/Semi-Public/Institutional
Townoffices appear around the metro
In April Atlas Homes plans to break ground on the two -building Lakeway Office Park in Maple Grove.
OFFICE CONDOS OFFER
ALTERNATIVE TO LEASES
by Jessica Griffith
ohn Trombley did not mind working
out of his Champlin home when he
started his machinery sales company
two years ago. But now, with a sales-
man on board and a need for adminis-
trative staff, he is ready for a more tra-
ditional office with room to display his
products.
It's time," says Trombley, president
of Focus Die Mold Solu'cions Inc.
Rather than lease space, Trombley
prefers to own property, which is an
expensive proposition for a small busi-
ness owner. His solution was to pur-
chase a 2,500 square foot unit in Ravia
Real Estate's upcoming townoffice pro-
ject, scheduled to break ground in
Champlin later this spring.
Throughout the suburbs, small devel-
opers are building and selling townof-
fices to entrepreneurs like Trombley
who would prefer to be owners, not ten-
ants.
Townoffices, also called office con-
dos, usually resemble townhomes from
8 May/June 2003 Minnesota Leasing Guide
the outside. But instead of housing a
residence, these buildings contain office
spaces ranging from 1,000 square feet
to 5,000 square feet or larger. Price tags
can range from $150,000 to $600,000
per unit.
The small businessman needs a
place he can call his own, but to do it
on his own is prohibitively expensive,"
says David Ficek of DaVern Inc. in St.
Paul.
In the past five years, Ficek has
developed 144 units of townoffices in
Inver Grove Heights, Burnsville, Eden
Prairie, Roseville, Shoreview and Little
Canada. One of his more recent projects
is Fernbrook Townoffice Park, north of
Highway 55 on Fernbrook Lane in Ply-
mouth.
Fernbrook consists of six, three-plex
buildings for a total of 18 units. Each
unit contains two levels of 1,200 to
11300 square feet per level, with a full
basement walkout. All have sold, and
Ficek is proposing a second project in
Plymouth.
The Plymouth City Council views
townoffices as an opportunity for small
businesses to grow in the community,
says Barb Senness, planning manager
for the city.
Not everyone wants to rent," she
COURTESY OF ATLAS HOMES
says.
Low interest rates mean cheap mort-
gages for those who want to own an
office. Townoffice buyers tend to be
owners of small, professional business-
es. Many are insurance brokers, doctors,
attorneys and manufacturer's represen-
tatives.
Given the mortgage rates today,
buying might even be cheaper than leas-
ing," says Tom Stella, vice president
with United Properties. "Interest rates
are driving the demand"
It's that age-old feeling that you'd
rather own real estate," adds Dan Glea-
son, also a vice president with United
Properties. He says the interest rates are
spurring demand for townoffices even
though the rest of the office market is
flat in terms of development.
That does not mean United Properties
and other large developers will start
building townoffice projects.
My read on it would be that the
small, entrepreneurial developers see an
opportunity to make some money, but
larger developers may not see townof-
fices as a profitable enough business,"
Gleason says.
Small developers also work from
TOWNOFFICES to page 26
TOWNHOMES from page 8 ket when it comes to small business just east of Highway 52 in Inver Grove
owners who want to acquire property', Heights.
smaller offices and therefore are more for their business and add it to the bal- "The site they chose has very steep
aware of the need for this type of ance sheet," says Frank Blondetto, ' slopes, and because these townoffices
space, says Tami Rangel; director of ,vice president of land development at have smaller; building pads, they were
marketing and communications at Manley Land Development, a residen-able to design.them: in such a way that
Ravin Real Estate in Burnsville.. tial and office development company' they are sensitive to the environmen-
The townoffice concept has done that is building its first townoffice pro- tal features of the land,"' Link says.
quite well on the West Coast, Rangel ject in Apple Valley. DaVern also built Blackberry on a
says. That success spurred Ravia to Blondetto expects to break ground commercial site, that abuts axesiden-
build Minnesota Valley. Townoffices this spring for Knob Ridge Business tial development.
on Portland Avenue just off Highway Park,,, west of Pilot Knob Road and "They essentially look like town
13 in Burnsville. The company adjacent to County Road 42.. The homes, which makes them a good
expects to break ground on additional development will consist of 11 three- buffer to put at the .edge of commer-
sites in Champlin and Elk River later and four -unit buildings with a total of sial development,"" Link says:
this spring and also plans to, develop a 38 units and 66,000 square feet. Prices Brothers Mark and Michael Way
second site in Burnsville. i will range from the low $200,000s to decided - to branch into townoffice
The vision we had is to provide a upwards of $400,000. development after they looked at some
place for business that does not have In addition to offering a space alter of the projects and realized they could
h f t f 1 fr. ' 11 b , t ff l., thair rae;rlont;al eirille to nffirPIll., uc o a corpora a ebe ut o era native f
the ability to work `almost 'in the com-also
or sma usmess, --ices
provide a good transition between
app •
cond
fort of your own home," Rangel says. different' types of land use. The pro- have
Minnesota Valley Townoffices jects usually are built on land zoned' Tl
range from 2,800 to 3,800' square` feet for commercial' or industrial but often on L
and are arranged three to a building, resemble residential developments, ,, 94o
so a tenant can buy multiple units and says Jenni Tovar, a Burnsville city Gro\
break down' walls for more space. planner. buil(
Each unit includes a kitchen with We are 97 percent developed," foot
refrigerator, dishwasher, instant hot Tovar says. "The townof ices are good' 15(
water and other amenities. <, uses for more difficult sites to devel- M
Sale prices are in the upper op, or for remnant pieces of land. towr
300,000s to upper, $500,000s, Rangel Some of those lots are smaller —` N
says. under two acres — and this is a way. presi
Townoffice projects tend to appear for those sites to become viable com-` he d
in suburbs, both inside and outside mercial,property." prob
Interstate 494 and 694 loop. DaVern also built a townoffice pro- they
These owners don't live down- ject in Burnsville, and the 'city is' Tl
town, However, some of our buyers reviewing plans for two additional`fice
commute to downtown and we pro- townoffice developments. .,says
vide another alternative to having a Torn Link, director of community will
large commute," she says. "We've had development for Inver Grove Heights,` offic
a pretty decent response to that:' agrees townoffices can work well on 4t7
Other buyers work in Burnsville or land that is difficult to develop. cont
surrounding areas but are choosing to For example, DaVern built its ing"
relocate in order to own their offices. Blackberry Townoffice project at
We see a true vacuum: in the, mar- Upper 55th Street and Blaine Avenue; Je
BANDANA SQUARE from page 9
hood as possible," she says.
Wellington does not own the nearby
Aspen Medical Group building, the
Holiday Inn Express and Summit Envi-
rosolutions Inc.'s building. These busi-
nesses, however, use Bandana Square's
parking ramps.
Kicking around development ideas
Bandana Square is located on 7.5
acres and includes a large parking lot.
Because there are also two ramps, the
site has plenty of parking, Bell says.
That opens up the possibility of recon-
figuring the lot and freeing up some
land for development," she adds. Exact-
ly how much land is not yet known.
26 August 2002 Minnesota Leasing Guide
Wellington is kicking around differ-
ent ideas. "We're looking at lots of sce-
narios," Dufour says. "There are lots of
thoughts and concept plans."
One possibility is the development of
80 to 100 housing units, Bell says,
adding that they are considering both
for -sale and rental units. Wellington
launched itself into the housing devel-
opment business last year when it
teamed with HuntGregory to redevelop
a site near University Avenue and High-
way 280. The $38 million project will
include 164 units of for -sale housing
MREJ, 1-21-02).
Another possibility for the Bandana
Square site is the development of
20,000 to 30,000 square feet of com-
mercial or entertainment space. Bell
EasC Fish Lake Road in
The project will consist
gs, each with 20,A250
nits. Prices will rang€
10 ttv. . lt70_000.
offices' is strong.
tithout: advertising, wt
ld 10 units," he says,
es not think buyers'
em reselling the ui
Jecide Ito move.
vnof-
ca urtpttn is a at. taut-naseaireeiance
writer.
would not disclose further details.
The market is a little sleepy right
now, but we're talking to several users,"
Bell says.
Wellington is beginning to meet with
city officials to discuss potential plans.
And because Bandana Square is listed
on the National Register of Historic
Places, the St. Paul Heritage Preserva-
tion Commission will be involved.
Any exterior change to any structure
or any new construction has to come
through us," says Philip Waugh, His-
toric Preservation specialist. Waugh
says he has not seen any plans for the
site.
Liz Wolf is a Twin Cities -based freelance writer.
I
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SE1110ES romp All
E. r- Ruc 4 eloNs, INC.
L -d91E0 _ExIN3TpN iAE YJE NE.
TELE-
VICINITY MAP
21, 1—ne -1
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WET LAND
T ------ ------
N'LAND g=sA
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2—
H41-
SE1110ES romp All
E. r- Ruc 4 eloNs, INC.
L -d91E0 _ExIN3TpN iAE YJE NE.
TELE-
TREE INVENTORY
For: Ca Vern ,Inc.
Or Proposed ANNAPOLIS TOWN OFFICE PARK
LEGEND
GPAPHIC SCALE -
PLE
co—W
NaTEs
E—1 F11l",
C
j WE' LAID 9 At 0
494
7 ---------
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4 le *
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1REE INVENTORY 'TABLE
1—
IN
z 1
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Iff
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All
12 ...... .
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2 21'11'4
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4111P,
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21
11.1-
1V]
ChNrrY MAP
M. G. RUD 4 SONS, INC,
Lend S,rvaycra
9150 LEXINGTON A /MTJUE Ne,
r,1IQr-LE PINES, MN. 5S01-3625
7ELM- (163, 7U—S55611&311B&-&007A kq
fp J
T:.; r--: 7:; 7 W4
1REE INVENTORY 'TABLE
1—
IN
z 1
2— -11M
Iff
ITI
All
12 ...... .
3T,
2 21'11'4
2o;1 "All
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11.1-
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ChNrrY MAP
M. G. RUD 4 SONS, INC,
Lend S,rvaycra
9150 LEXINGTON A /MTJUE Ne,
r,1IQr-LE PINES, MN. 5S01-3625
7ELM- (163, 7U—S55611&311B&-&007A kq
LPf Etm
TREE PRESERvATION PL14N NOTES °<^n1<, E,I•I..9 0 l0.
d For: Davern ,Inc. _ ° R, x ct-- 6
9 E .
wo e...
o , OF Proposed "ANNAPOLIS TOUINOFFICE PARK" R
GRAPHIC 'SCALE
6—
A —
1 - PONDING
egr [ANp AREA _
W/T /iN BOUNOngYIJTASPfS
FOHVY_.. I
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HY_ VICINITY MAP
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TREE INVENTORY TABLE
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7@ YiJR14li ®+Stll r J 1 ti®/IDlSlrfciL?al•1 pd1
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stvra• rsm'Sra L[r a a>• LLLLL •_W a rrrl
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PROPPRTY DASCRUMON (1-1-e o1 -rents
Tnal p l cl —1.1 A, ELNELL MILE' 1N0 OUINN ADDITION, lyi^9 nnrinerly el a line Oescrl0e0 ^s
e......on ...... deny in 'Dight lig I IAe norinerly laf Ione ^I LoI I, Rl— T RrMWTH FREEWAYENrER2Ia0A00TION, b lerlY oI sar0 LOI I. BIOLk I, PIYn+WTH FREEWAY
TEP VID AN I _ L 01 saiC Oun^I A. ELNELL MILE' AHD OUINN
A00WRO
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so
inrr s idle C<rillicote No. BJ52.+, onC as
sn awn on 'A.1 or sod ELWELL OMILEY ANO OUINN AOOITIONn
easL[m
TPPP LPnem ATID mllfll
I
TOTAL NUMBER OF TREES
OAH
I ASH 6
MAPLE 209
COTTCINMOD I LOPE Y@gV.1L PPAG4MAOE
POPLAR. 3 TOTALDTE TREE CALIPER IN INCHES - 3726
a
I.
TOTAL INCHES REMOVED _ 2580 (77 -.)
ELM TOTAL INCHES SATED . 846 ( 237.)
TOTAL 298
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PROPPRTY DASCRUMON (1-1-e o1 -rents
Tnal p l cl —1.1 A, ELNELL MILE' 1N0 OUINN ADDITION, lyi^9 nnrinerly el a line Oescrl0e0 ^s
e......on ...... deny in 'Dight lig I IAe norinerly laf Ione ^I LoI I, Rl— T RrMWTH FREEWAYENrER2Ia0A00TION, b lerlY oI sar0 LOI I. BIOLk I, PIYn+WTH FREEWAY
TEP VID AN I _ L 01 saiC Oun^I A. ELNELL MILE' AHD OUINN
A00WRO
I'C' ub;e 10 iMl ons
so
inrr s idle C<rillicote No. BJ52.+, onC as
sn awn on 'A.1 or sod ELWELL OMILEY ANO OUINN AOOITIONn
easL[m
TPPP LPnem ATID mllfll
II
I
Lem
TOTAL NUMBER OF TREES
OAH
I ASH 6
MAPLE 209
COTTCINMOD I LOPE Y@gV.1L PPAG4MAOE
POPLAR. 3 TOTALDTE TREE CALIPER IN INCHES - 3726
6
TOTAL INCHES REMOVED _ 2580 (77 -.)
ELM TOTAL INCHES SATED . 846 ( 237.)
TOTAL 298
S. G. RUD / SONS, INC.
Lend Evvayors
91Bm LExINGTON :. iENM6 N[.
GIRDLE PINC6. ''NJ SSmIA
TEL6. IT63)B6-SBBE six. : 1-1 B6.6mm1
ETCH AND 17EeCR I PT I ON
R: DAVERN, INC.
ST. PAUL PROPERTIES, INC
FOR THE CITY OF PLYMOUTH LOT CONSOLIDATION APPROVAL
OF PROPOSED ENTRANCE INTO THE PROPOSED PLAT OF *ANNAPOLIS
TOWNOFFICE PARK'
PARCEL A (8812 SQUARE FEET)
FUTURE PRIVATE DRIVE) PARCEL D (6458 SQUARE FEET)
A 55 foot wide parcel across the fodowlag de—iibado,,p tx (TO ST. PAUL COMPANIES)
That part of 34th Avenue North as platted and dedicated in PLYMOUTH FREEWAYThatportofAnnapolisLoneNorth11, and 3411, Avenue North as plotted and CENTER 2ND ADDITION, Hennepin County, Minnesota, which lies uoslerly of a linedeUi; uytetl in PL'lMOU TH BUSINESS CENTER 5TH ADDITION. Hennepin drawn oorallel with and 70 feet southeasterly of the southeasterly line of Lol 2. Block 2, o r Minneso lo, which ties easterly of a line drawn parallel with and 70 feet PLYMOUTH BUSINESS CENTER 5TH ADDITION, Hennepin C rty, Minnesota andaul,eosteCy or the southeasterly line of Lot 2. Black<. 2, said PL'iMOU TH which lies southwesterly or a line drawn parallel with and 27.5 feet southwesterly of TheBUSIMESSCENTER5THADDITION. following described line:
The centerline of said parcel described os foflaws:
cing at the northeast ca ner of Lot 1, Bleck; i, PLYMOUTH WOODSOFFICECENTER, Hennepin Coun t}:r Minneso to: thence on on assumed
bearing of North 89 degrees 55 minutes 54 "card, West along the north the of
sad Lot I, a dist-ce of 100.00 feet, thence North 20 degrees 33 minutes 44
and East. a hstolc, of 131.71 tet to the point of beginning of the centerlineI. d b tl Ihenre South 59 degrees 53 m lutes 39 seconds Eost a distance
of 182.44 fee; thence southeastely 72.41 feet along a tangential cu ve concave tothescuu,wsstcwith a ra dlus of 70.00 reel ala n central angle of 59 rdegrees 15
no fes 59 se_an ds, and said r. enlerline there terminating.
PARCEL R (654 SQUARE FEET)
FUTURE PRIVATE DRIVE)
That Vert of 34th Avenue North as plotted and dedicated In PLYMOUTH FREEWAY
CENTER 2ND ADDITION, Hennepin County, Minnesota, which lies .
in;
lerly of a line
drown parallel wllh and 27.5 feel southwesterly of the following described line:
Commencing of the northeast cu ler of Lot 1, Block 1, PLYMOUTH WOODS
OFFICE CENTER, Hennepin County, Minnesota; thence on an assumed
b=aringof Narlh 99 degrees 55 minutes 54 se,ands West along the north line of
I'll Lal t, v distance v, 200.00 feet; thence North 20 degrees 33 minutes 44
ostndsEa, a distance of 131 71 feet to the point of beginnkng of the If,, to be
described; thence South 59 degrees 53 minutes 39 s olds East, a distance of
182.44 feel; thence southeasterly 72,41 feet Slang o tangential cthesouthwestwitharadiusut70.00 feet and n entral angle ofu 59 degree, 15
in 59 secands, and said line there terminaling.
PARCEL C (4476 SQUARE FEET)
TO ST. PAUL COMPANIES)
Thal part of Annopolis Lone North and 341, Avemie North — plotted and dedlcgted in
PLYMOUTH BUSINESS CENTER 5TH ADDITION, Hennepin County, Minnesala.
which lies easterly of a line drown parallel w;lh and 70 feet southeasterly of the
aulheasterly line of Lal 2. Block 2, said PLYMOUTH BUSINESS CENTER 5TH
ADDITION and whi,h lies southwesterly of a line drawn parallel with and 27.5 Feet
sauthweslerly of the follawi- described line'
Cammen,ing at the northeast co ner of Lot I, B1ocM I. PLYMOUTH W0005
OFFICE CfIITEP. Hennepin Covnty,r Minnesota; Ihe,,,e n med
L of Nnrlh 99 degrees 55 mnutes 54 se and, West ato, g the north lino ofsaidLot1, a distance of 200.00 fest; thence Narlh 20 degrees 33 mnutes 14
ands East, r distance of 131.71 feet to the point of beginning of the line to be
Js s -bed: thence South 59degrees 53 mnutes S9 s ands East. a distance of
182.44 feet: thence sru(hel slerly 72.41 feet olonq a tongential ,u r e to
nulhwest with a radius of 70.00 feel and a entral angle If 59 degrees 15
prepared By:
3=. G. RUD d SONS, INC.
Land Surveyors
SW LEXINGTON AVENUE NE.
CIRCLE PINES,'IN. 55/014-3625
Tel, P63-7$6-5556 Fax 163-186-6.^O q
Commencing of the nD,th-gt co ner of Lot 1. Block 1, PLYMOUTH WOODS
OFFICE CENTER, Hennepin County. Minnesota; thence on on assumed
bearing oNorth 89 degrees 55 minutes 54 Is West along the north line of
said Lot I , v distance of 200.00 feel; thence North 20 degrees 33 minutes 44
seconds East, a distance of 131.71 feet to the point ofb,ginnira of the line to be
described thence South 59 degrees 53 minutes 39 secands Easl a distance of
182.44 feet thence southeasterly 72.41 feet along a tangential cu — concave to
the southwest with a radius of 70.00 feet and o central angle of59 degrees 15
anrules 59 secands and said line there term —ting
PARCEL E(2593 SQUARE FEET)
TO ST. PAUL COMPANIES)
That part of Annapolis Lane North and 34th Avenue North us plotted and dedicated kn
PLYMOUTH BUSINESS CENTER 5TH ADDITION, Hennepin County, Minnesota.
which ties easterly of a line drawn parallel with and 70 feet south—slerly of the
southeasterly line of Lot 2, Block 2, said PLYMOUTH BUSTNE SS CENTER 5TH
AUDITION, and which lies northeasterly of a line drawn parallel with and 27.5 feet
northeasterly of the following described line:
cing It the narlheast. ca ner of Lot 1, Block 1, PLYMOUTH WOODS
OFFICE CENTER, Hennepin County. Minnesota: thence on an assumed
bearing of North 89 degrees 55 minutes 54 seconds West along the north tine of
said Lot 1,I distance of 200.00 feel: thence North 20 degrees 33 minutes 44
olds East. a distance of 131.71 feet to the point of beginning of the line to be
of thence South 59 degrees 53 minutes 39 seconds East, a distance of
182.44 feel; (hence southeasterly 72.41 feet along a tongential -- the ire ,alcove tothesouthwestwitharadiusof70.00 feet and a entral angle ofu 59 degrees 15
minutes 59 seconds, and said line there terminating.
PARCEL F (4157 SQUARE FEET)
TO DAVERN)
34th Avenue North as platted and dedicated in ELWELL MILEY AND QUINN
ADDITION, Hennepin County, Minnesot,.
TEMPORARY CONSTRUCTION EASEMENT C (150 SQUARE FEET)
That port of Lot 1, Black 1, PLYMOUTH WOODS. OFFICE CENTER , Hennepin
County. Minnesala, which lies northeasterly of the fallowing described line.
Beginning
r
nnnn at a paint on the cost line of said Lot 1, said point being 15 feel south of the
nc t .ar of said Lot 1; thnceenorthwesterly to a point on the north line
afrgoid Lal Inlaid paint being 20 feet west of the narlheast —rner of said Lot 1, and
said line there lermino Ur,
TEMPORARY CONSTRUCTION EASEMENT K (.552 SQUARE FEET)
That part of Annapolis Lune North, 3411, Avenue North. and Lot 1, Blo,I, 1, as plotted and
dedicated in PLYMOUTH FPEEWAY CENTER 5TH ADDITION, Hennepin Caunty.
Minnesala, which lies northe-IsHy of a line drawn 27.5 feet —rth-steely and parallel to
the ngonsrbea e A o whir, fes sa hwe=_t,,Iy If I I awdrn 40 feet
north 1 rty and Parallel to -d Line A. Said Line A is de nI,,d as (oll,ws
Comms -Ing acot the northeast ner of Lot 1, Block I, PLYMOUTH WOODS
OFFICE CENTER. Hennepin Caunly,r Minnesala: Ih-r— o med
bearing of 11", eh89degrees55mnutes54s ends West along the north line ofsaidLotI, a of 200.00 feet; thence nlarth 20 degrees 33 mnutes 44
ands East, a distance of 131 71 feet: thenen Sant, 59 degrees 53 mnutes 39sec,rds East. a distance of 154.13 feet la the point of beginning ar said Line A; thenonce can Unuing South 59 degrees 53 m nv les 39 s ond, East, o distance of
28.31 reel: thence south cos telly 10 65 feet along v tonq-tial carve ,n _e n the
oath wolf w1h o radius a( ]0.00 +eel and a entral angle of 8 degrees 42
ds, and said Line A in... terminaling.
JOB ##00-016
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GRAPHIC SCALE
V
I liwx - 54 !L:
NORTH
i
SURVEY NOTES:
BEARINGS ARE ON AN ASSUMED DATUM
THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT
OF TITLE WORK. SIJBJECT TO REVISION. UPON
RECEIPT OF CURRENT TITLE WORK.
CERTIFICATION
I hereby certify to 0-s—, Inc, 0 MN
corporation; St. Paul Praperfles Inc. 0
0elewar5 corporation, its successors and
and the city of Plyrrlouth that
t1, 5 survey, plop or report was prsionie I'dnd
by me or
vidermydirectsuper
that I am a duly Registered Loodr S,rvp'
r
under the lows of the State If
r
JA5OA1 E. PUD
Oct.' S zz zoos Liran se Nn, 41578
e*
NF_/2f/03
IE OESCRIPPOH
JER
jYEiC}lAND OESrRIPTIONJER
55 Fr)Or PARCEL1RPL'r'MOUiH w0005 OFFlCE C.
ANNAPOLIS TOWNOFFICE PARK
GRADING, DRAINAGE, AND EROSIAN CONTROL PLAN
oi'
PLYMOUTH, MINNESOTA
l
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HWY. 494
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PLYMOUTH, MN
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CITY OF PLYMOUTH
RESOLUTION 2003 -
APPROVING A PRELIMINARY AND FINAL PLAT FOR DAVERN, INC FOR
CONSTRUCTION OF "ANNAPOLIS TOWNOFFICE PARK", A 16 -UNIT TOWNOFFICE
DEVELOPMENT LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION
OF 34TH AVENUE NORTH AND ANNAPOLIS LANE NORTH (2003026)
WHEREAS, DaVern, Inc. has requested approval of a preliminary and final plat for Annapolis
Townoffice Park, a plat of six townoffice lots and one common area lot on 6.4 acres located at
the southeast corner of the intersection of 34th Avenue North and Annapolis Lane North; and
WHEREAS, the property is legally described as follows:
That part of Outlot A, ELWELL MILEY AND QUINN ADDITION, lying northerly of a
line described as an extension easterly in a straight line, of the northerly lot line of Lot 1,
Block 1, PLYMOUTH FREEWAY CENTER 2ND ADDITION, from the northeasterly
corner of said Lot 1, Block 1, PLYMOUTH FREEWAY CENTER 2ND ADDITION to
the easterly boundary line of said Outlot A, ELWELL MILEY AND QUINN ADDITION.
Subject to easements and restrictions shown on Torrens Title Certificate No. 835244, and
as shown on the plat of said ELWELL MILEY AND QUINN ADDITION.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing
and recommends approval.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by DaVern
Inc. for a preliminary and final plat for Annapolis Townoffice Park, subject to the following
conditions:
1. Approval of the preliminary and final plat is contingent upon City approval of the vacation
and minor subdivision of the adjacent land currently within the public right-of-way for
34th
Avenue North.
Resolution 2003 -
Preliminary and Final Plat (2003026)
Page 2
2. This preliminary and final plat approves six townhouse lots and one common area lot, in
accordance with the plans received by the City on June 27, 2003, May 28, 2003, April 25,
2003, and March 13, 2003, except as amended by this Resolution.
3. Prior to recording the final plat, the applicant shall submit the disclaimers (which shall also
be reflected in the Common Interest Community documents intended for potential office
buyers) which address the following:
a. The presence of a trail through the common area lot in the future.
b. The requirement to convert a portion of the parking to compact spaces should a parking
space shortage occur.
c. Medical office uses are prohibited from the development.
4. Prior to recording the final plat, the applicant shall submit the required easements for the
development, including the trail through the common area of the plat.
5. Prior to recording the final plat, the applicant shall provide the City with copies of the CIC
documents for the development.
6. Prior to recording the final plat, a pond maintenance agreement is required between the
developer and the City for the water quality pond.
7. Prior to recording the final plat, the applicant shall pay the park dedication fees in lieu of land
dedication, pursuant to City Code at the time of final plat approval.
8. Prior to issuance of any permits, the applicant shall provide revised plans which reflect the
entire property, including the land proposed to be included with the subject property after the
public right-of-way is vacated and any alterations proposed. The applicant shall further show
the extra roadway removed to the extent necessary to meet the required setbacks for a
driveway.
9. Prior to issuance of any permits, the applicant shall include the wetland buffers, buffer
monuments and buffer setbacks in compliance with the Zoning Ordinance on the site plan
and all civil plans sheets.
10. Prior to issuance of any grading or other permits, the applicant shall provide a revised tree
preservation plan which is consistent with the grading and erosion control plan, shades the
disturbance zones as required by the Subdivision Ordinance, reconsiders the status of several
trees located near extensive grading or retaining walls, and revises the restitution calculations
and the landscaping plan as may be necessary for compliance with the Subdivision
Ordinance. The applicant shall also be required to submit the required performance
guarantees. The tree preservation fencing shall be inspected and verified by the City Forester
prior to the issuance of grading permits.
Resolution 2003 -
Preliminary and Final Plat (2003026)
Page 3
11. Prior to issuance of any permits, the applicant shall provide a revised lighting plan which
meets the minimum and maximum foot candle requirements and the maximum height for
freestanding luminaires and is in conformance with Section 21105.06 of the Zoning
Ordinance.
12. Prior to issuance of any permits, the applicant shall provide a revised grading and erosion
control plan in conformance with City requirements that addresses the additional methods
that are proposed to stabilize and protect the steep slopes during the development process.
The plans shall make specific reference to Sections 21665.09 and 21670.08 Subd. 3.
13. Prior to issuance of any permits, the applicant shall revise the elevation drawings for units
11-16 in conformance with the 2000 IBC and Section 21115 of the Zoning Ordinance.
14. The Ownership Association shall be responsible for maintenance of sidewalks, boulevard
plantings, wetland buffers, monument signs and association common areas within this
development. The CIC documents shall include language to address maintenance of these
features.
15. Development standards shall be as required by the O district. No variances are granted or
implied, unless specifically noted with the site plan approvals.
16. All signs proposed shall require separate permits and shall be in conformance with the
Zoning Ordinance.
17. No medical uses shall be permitted in the development.
18. All buildings in the development shall be protected by a City approved fire sprinkler system.
19. Standard Conditions:
a. Compliance with the City Engineer's Memorandum.
b. Removal of all hazardous trees from the property at the owner's expense.
c. No building permits shall be issued until a contract has been awarded for sewer and
water.
d. No building permits shall be issued until the final plat, easements, pond maintenance
agreement and the CIC documents are filed and recorded with Hennepin County and
proof of recording is received by the City. Copies of all recorded documents shall be
submitted to the City.
e. No building permits shall be issued until the Site Improvement Performance Agreement
and has been executed and the required financial guarantees submitted.
f. No grading permit shall be issued until the financial guarantee for tree preservation is
received.
g. Street names shall comply with the City Street Naming System.
Resolution 2003 -
Preliminary and Final Plat (2003026)
Page 4
h. Prior to issuance of any permits, the applicant shall revise plans as necessary to add and
relocate hydrants to approved locations, identify the domestic size of the combination
fire/domestic water supply line and fire sprinkler system, provide fire flow calculations in
compliance with City Code, supply a PN valve, solenoid connection and Siamese
connection, revise the turnaround to comply with City Code, and show fire lane, address
and directional signs, Fire Department lockboxes, siamese connection and PN valve in
approved locations. A separate PN value shall be required to each building. Fire lane
construction details, temporary access road/water supply policy, fire hydrant detail and
fire lane signage shall be included on the plans.
i. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release
or reduction of any site improvement financial guarantees per City Policy.
j. Compliance with Policy Resolution 79-80 regarding minimum floor elevations for new
structures on sites adjacent to, or containing any open storm water drainage facility.
Approved by the City Council on July 8, 2003.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on July 8, 2003, 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 2003 -
APPROVING A SITE PLAN, INTERIM USE PERMIT AND VARIANCES FOR DAVERN,
INC. FOR A 16 -UNIT TOWNOFFICE DEVELOPMENT LOCATED AT THE SOUTHEAST
CORNER OF THE INTERSECTION OF 34TH AVENUE NORTH AND ANNAPOLIS LANE
NORTH (2003026)
WHEREAS, DaVern, Inc. has requested approval of a site plan, interim use permit and variances
to allow construction of a 16 -unit townoffice development on property legally described as
follows:
That part of Outlot A, ELWELL MILEY AND QUINN ADDITION, lying northerly of a
line described as an extension easterly in a straight line, of the northerly lot line of Lot 1,
Block 1, PLYMOUTH FREEWAY CENTER 2ND ADDITION, from the northeasterly
corner of said Lot 1, Block 1, PLYMOUTH FREEWAY CENTER 2ND ADDITION to
the easterly boundary line of said Outlot A, ELWELL MILEY AND QUINN
ADDITION. Subject to easements and restrictions shown on Torrens Title Certificate
No. 835244, and as shown on the plat of said ELWELL MILEY AND QUINN
ADDITION.
WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing
and recommends approval of the site plan and variances;
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 DaVern,
Inc. for a site plan, interim use permit and variances for a 16 -unit townoffice development
located at the southeast corner of the intersection of 34"' Avenue North and Annapolis Lane
North, subject to the following findings and conditions:
1. Approval of the site plan, interim use permit and variances is contingent upon City approval
of the vacation and minor subdivision of the adjacent land currently within the public right-
of-way and the preliminary and final plat.
Resolution 2003 -
Site Plan (2003026)
Page 2
2. A site plan is approved to allow construction of a 16 -unit townoffice development, in
accordance with the plans received by the City on June 27, 2003, May 28, 2003, April 25,
2003, and March 13, 2003, except as amended by this Resolution.
3. An interim use permit is approved to reduce the number of required parking spaces from 168
to 130, according to the plans received by the City on June 27, 2003, May 28, 2003, April 25,
2003 and March 13, 2003, except as amended by this Resolution.
4. Approval of the interim use permit is based on the condition that no medical office uses shall
be permitted in any unit because they generate a higher parking demand than professional
office uses.
5. The interim use permit shall terminate if any of the following events occur:
a. City staff documents a parking problem associated with inadequate parking.
b. The floor area of the building is increased in size.
6. If City staff documents a parking problem, the developer would be required to create
additional stalls by converting some of the standard stalls to compact stalls.
7. Variances to allow 1) the side -yard setback for units 11-16 reduced from 15 to 10 feet along
the west property line plus an additional three feet for overhangs and decorative pilasters, if
allowed by the building code; 2) the side -yard setback for the parking area reduced from 20
to 5 feet along the west property line; and 3) an increase in the maximum allowed impervious
surface coverage from 25 percent to 26 percent for the portion of the development within the
Plymouth Creek Shoreland Management Overlay District based upon the finding that the
applicable variance standards as listed in Section 21030.03 of the Zoning Ordinance have
been met.
8. Variances to the requirement for a fire lane within 50 feet of all sides of the building is
approved in accordance with plans and application received by the City on June 26, 2003,
May 28, 2003, April 25, 2003 and March 13, 2003, except as amended by this resolution,
based on the following conditions:
a. All buildings shall be protected by a City approved automatic fire sprinkler system.
b. Prior to issuance of any permits, fire flow calculations in conformance with City Code
shall be submitted.
c. Fire hydrants shall be located in approved locations throughout the development.
d. Approved access walks shall be installed from the parking area in approved locations to
all buildings as required by the Building Code.
e. The hammerhead turnaround shall comply with the minimum Fire Department
requirements.
9. Prior to issuance of any permits, the applicant shall provide revised plans that reflect the
entire property, including the land proposed to be included with the subject property after the
Resolution 2003 -
Site Plan (2003026)
Page 3
public right-of-way is vacated and any alterations proposed. The applicant shall further show
the extra roadway removed to the extent necessary to meet the required setbacks for a
driveway.
10. Prior to issuance of any permits, the applicant shall include the wetland buffers, buffer
monuments and buffer setbacks in compliance with the Zoning Ordinance on the site plan
and all civil plans sheets.
11. Prior to issuance of any permits, the applicant shall provide a revised lighting plan that meets
the minimum and maximum foot candle requirements and the maximum height for
freestanding luminaires and is in conformance with Section 21105.06 of the Zoning
Ordinance.
12. Prior to issuance of any permits, the applicant shall provide a revised grading and erosion
control plan in conformance with City requirements that addresses the additional methods
that are proposed to stabilize and protect the steep slopes during the development process.
The plans shall make specific reference to Sections 21665.09 and 21670.08 Subd. 3.
13. Prior to issuance of any permits, the applicant shall revise the elevation drawings for units
11-16 in conformance with the 2000 IBC and Section 21115 of the Zoning Ordinance.
14. Development standards shall be as required by the O district. No variances are granted or
implied, unless specifically noted with the site plan approvals.
15. All signs proposed shall require separate permits and shall be in conformance with the
Zoning Ordinance.
16. No medical uses shall be permitted in the development.
17. All buildings in the development shall be protected by a City approved fire sprinkler system.
18. All waste and waste containers shall be stored within the enclosure structure, and no outside
storage is permitted.
19. Standard Conditions:
a. Any subsequent phases or expansions are subject to required reviews and approvals per
Ordinance provisions.
b. No building permits shall be issued until the Site Improvement Performance Agreement
and has been executed and the required financial guarantees submitted.
c. Prior to issuance of any permits, the applicant shall revise plans as necessary to add and
relocate hydrants to approved locations, identify the domestic size of the combination
fire/domestic water supply line and fire sprinkler system, provide fire flow calculations in
compliance with City Code, supply a PIV valve, solenoid connection and siamese
connection, revise the turnaround to comply with City Code, and show fire lane, address
Resolution 2003 -
Site Plan (2003026)
Page 4
and directional signs, Fire Department lockboxes, siamese connection and PIV valve in
approved locations. A separate PIV value shall be required to each building. Fire lane
construction details, temporary access road/water supply policy, fire hydrant detail and
fire lane signage shall be included on the plans.
d. An 8 1/2 x 11 inch "As Built" Fire Protection Plan shall be submitted prior to the release
or reduction of any site improvement financial guarantees per City Policy.
e. This approval shall expire one year after the date of approval, unless the property owner
or applicant has substantially started construction of the project or unless the landowner
or applicant has received prior approval from the City to extend the expiration date for up
to one additional year, as regulated under Sections 21030.06 and 21045.09 of the Zoning
Ordinance.
ADOPTED by the City Council on July 8, 2003.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on July 8, 2003, 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: fJ t
e
TO: Dwight Johnson, City Manager
FROM: Anne Hurl urt, Community Development Director (763 509-5401)
SUBJECT: Ordinance Amending Chapter 9 of the City Code Regarding
Swimming Pools
DATE: June 30, 2003 for the City Council Meeting of July 8, 2003
1. PROPOSED MOTION
Move to adopt the attached ordinance amending Chapter 9 of the City Code regarding swimming
Pools.
2. BACKGROUND
Aboveground swimming pools seem to be more popular this year with inexpensive, inflatable
models available at many local retailers. This has resulted in many inquiries about the City's
requirements for decks around pools. The City's regulations apply to any private pool having a
depth of two feet or more at any point and (a) a surface area of 250 square feet or more, or (b) a
volume of 3,250 gallons or more. Generally, the regulations apply to above ground pools of 18
feet or more in diameter.
A resident has questioned the ordinance requirement that aboveground pools have decking a
minimum size of 4 feet by 4 feet at pool entry points. Many aboveground pools are not
constructed with surrounding decks; rather, they are entered by the use of a ladder. Construction
of the deck requires extra expense, including railings on the deck. The deck requirement seems
illogical, since neither the City Code nor Building Code require any type of ladder or steps to
enter the pool. And the deck with steps may actually make the pool more accessible to
unauthorized users, as many above ground pools are equipped with "fencing" integral to the sides
of the pool.
Staff has attempted to find the legislative history of the minimum 4 feet by 4 feet deck
requirement. It has been in the City Code for at least 10 years or longer, and staff does not know
the reason for it.
In reviewing this section of the Code, staff also considered the language requiring decks around
in -ground residential pools. A 3 -foot deck is required completely around an in -ground pool.
Staff finds that this requirement appears to be left over from when the ordinance also applied to
public pools, and from the time when pool construction commonly required a deck for structural
reasons. Most residential in -ground pools today are constructed with vinyl liners, not concrete.
3. PROPOSED AMENDMENT
Staff found that the entire section (910.03) requiring decking around private residential pools
could be eliminated from the City Code. The proposed amendment deletes this section and re-
numbers the following section accordingly. As written, the amendment would become effective
immediately upon Council adoption.
4. RECOMMENDATION:
Community Development Department staff recommends approval ordinance amending the City
Code regarding swimming pools.
ATTACHMENTS:
1. Draft Ordinance
Commdev/INSPBUILD/staffrep/2003/section 910 amendment swimmingpools.doc
2
CITY OF PLYMOUTH
ORDINANCE NO. 2003 -
AN ORDINANCE AMENDING CHAPTER 9 OF THE CITY CODE
REGARDING SWIMMING POOLS
THE CITY OF PLYMOUTH ORDAINS:
Section 1. Amendment of City Code. Chapter 9 of the City Code of the City of
Plymouth, Minnesota is hereby amended by revising Section 910 to read as follows:
910.01. Fencing Requirements. Fencing or other effective means, including but not
limited to walls or buildings, shall be provided to positively control all access to Private
Residential Pools. Fencing shall meet the following criteria:
a) The fencing shall prevent the entrance of children and be without hand or foot
holds that would enable a child to climb over it.
b) The fencing shall be at least 5 feet high and entrances shall be equipped with
self-closing and self -latching gates capable of being locked.
IMMMMMM
910.03-5. Nuisance Prohibited. No person shall operate, maintain or permit any
Swimming Pool that creates a nuisance by annoying, injuring or endangering the safety, health,
comfort or repose of the public.
Section 2. Effective Date. This amendment shall take effect effective immediately upon
its passage.
Adopted by the City Council this 8th day of July, 2003.
Mayor
ATTEST
City Clerk
Commdev/INSP/Build/staffrep/ord/2003/swimming pools.doc
Agenda Number:'
TO: Dwight Johnson, City Manager
1
FROM: Hifi Babies, Housing Program Manager through Anne Helurt, Community
Development Director
SUBJECT: Adoption of a Resolution Authorizing the Sale and Issuance of Variable Rate
Demand Multifamily Housing Revenue Refunding Bonds on behalf of OPR Limited
Partnership for Regency Pointe Apartments.
DATE: July 1, 2003 for the City Council Meeting of July 8, 2003
1. PROPOSED ACTION:
Adoption of the attached resolution authorizing the sale and issuance of Variable Rate Multifamily
Housing Revenue Refunding Bonds, in an amount not to exceed $6,965,000.00, on behalf of OPR
Limited Partnership for Regency Pointe apartments.
2. BACKGROUND:
On April 22, 2003, the Plymouth City Council held a public hearing to consider citizen comments
on the sale and issuance of Variable Rate Multi -Family Housing Revenue Refunding Bonds on
behalf of OPR Limited Partnership for Regency Pointe apartments. The applicant was present to
answer any questions that were raised during the public hearing. No questions were raised. After
closing the public hearing, the Council adopted the preliminary resolution.
A copy of the April 22, 2003 staff report is attached. No changes have occurred to the project since
the public hearing was held.
3. RECOMMENDATION:
Staff recommends the City Council adopt the attached resolution authorizing the sale and issuance
of Variable Rate Multi -Family Housing Revenue Refunding Bonds, in an amount not to exceed
6,965,000.00, on behalf of OPR Limited Partnership for Regency Pointe apartments.
ATTACHMENTS:
1. Staff Report from the April 22, 2003 City Council Meeting
2. Location Map
3. Draft City Council Resolution
Agenda Number: , I
TO: Dwight Johnson, City Manager
1'
FROM: Ji esB , Housing Program Manager, through Anne Hurlurt, Community
Development Director
SUBJECT: Public Hearing and Authorization of Sale and Issuance of Variable Rate
Multi -Family Housing Revenue Refunding Bonds not to Exceed
6,965,000.00 on behalf of OPR Limited Partnership for Regency Pointe
Apartments.
DATE: April 9, 2003 for the City Council Meeting of April 22, 2003
1. PROPOSED ACTION:
Hold a public hearing on the sale and issuance of Variable Rate Multi -Family Housing
Revenue Refunding Bonds, in an amount not to exceed $6,965,000.00, on behalf of OPR
Limited Partnership for Regency Pointe Apartments. After closing the hearing, adopt the
attached preliminary resolution.
2. BACKGROUND:
Size, Location and Condition of the Project: Regency Pointe is a 318 unit apartment
complex located at 3205 Harbor Lane (see attached location map). The complex was
originally constructed in 1971. The complex has been relatively well maintained and
managed and has a good reputation among City Inspections, HRA and Public Safety staffs.
Prior Financing: Housing Revenue Bonds were originally issued by the City in 1993 in the
principle amount of $9,135,000 (herein, the "Original Bonds") to finance the acquisition and
rehabilitation of the Project in 1993.
Proposed 2003 Bonds: The Owner (OPR Limited Partnership) has requested that the City
issue an additional series of Multi -Family Housing Revenue Refunding Bonds in the
principal amount of $6,965,000.00 (the "2003 Refunding Bonds") to refinance the
outstanding 1993 Bonds. The 2003 Refunding Bonds are proposed to be issued as variable
rate demand bonds in the initial mode of "7 day low floaters" — the interest rate will be reset
to the market each week and will vary over the term of the bonds. The Owner has agreed to
request that Federal National Mortgage Association ("Fannie Mae") provide a credit
enhancement for the 2003 Refunding Bonds and, in the event that Fannie Mae provides credit
enhancement, the 2003 Refunding Bonds will receive a Aaa rating from Moody's Rating
Services, the highest rating possible.
Housing Affordability Considerations: At the time the Original Bonds were issued, the
Internal Revenue Code of 1986 required that the Owner elect to set aside 20% of the units for
occupancy by individuals and families whose income did not exceed 50% of the area median
income or to set aside 40% of the units for occupancy by individuals and families whose
income did not exceed 60% of the area median income, both the income and area median
income to be adjusted for family size in accordance with Section 8 of the United States
Housing Act of 1937, as amended. The 1986 Code imposed no rent restrictions on a bond -
financed project — only the foregoing income restrictions. As part of the agreement to issue
the bonds in 1993, the City and the Owner agreed to restrict 20% of the units (64 units) and
make them available to households earning 50% of the area median income or below.
As a condition to the issuance of the 2003 Refunding Bonds, the City will continue to require
that 20% of the units be affordable to households at 50% of the area median income. The
requirements will be set forth in an amendment to the Regulatory Agreement between the
City, the Owner and the Trustee. These requirements will remain in place for the longer of
30 years from the date of issue of the 2003 Refunding Bonds or the term of the 2003
Refunding Bonds. The requirements run with the Project and would also be binding on any
subsequent purchaser of the Project from the Owner during the foregoing period. However,
in the event the Owner defaults on the bond financing and Fannie Mae, as holder of the first
mortgage, takes over the Project, Fannie Mae would not be bound by the affordability
restrictions in a subsequent sale of the Project by Fannie Mae following foreclosure or deed
in lieu of foreclosure (a result which holders of first mortgages insist upon and which is
permitted by the applicable provision of the 1986 Internal Revenue Code).
3. DISCUSSION:
The proposed bond issue is consistent with the City's updated policies for housing revenue
bonds, and even goes further in respects to offering affordable housing units. The updated
housing revenue bond policy requires that 10% of units are affordable and available to
households below 50% of area median income and OPR has agreed to have 20% of the units
rented at this level.
It should also be noted that Fannie Mae's credit enhancement provisions will ensure that the
project has adequate replacement reserves that will provide for well maintained property over
time. The approval of this refunding would be consistent with previous council actions.
4. BUDGET IMPACT:
As with other revenue bond issuances of the City, there would be no financial impact or
liability for the City. In addition to application and bond fees paid to the City, all costs of the
bond issue are paid by the applicant. The City also receives an application fee and a bond fee
of 1/8 of 1 percent of the bond amount at closing. This fee will help reimburse the City for
the expense of monitoring the project annually to ensure that the affordability requirements
are being met. However, the City's good name and reputation would be connected to this
issuance.
5. RECOMMENDATION:
Staff recommends holding a public hearing on the sale and issuance of Variable Rate Multi -
Family Housing Revenue Bonds, in an amount not to exceed $6,965,000.00, on behalf of
CPR Limited Partnership for Regency Pointe Apartments. After closing the hearing, staff
recommends approval of the attached preliminary resolution.
ATTACHMENTS:
1. Bond Application
2. Location Map
3. Preliminary Resolution
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the
City of Plymouth, Minnesota (the "City"), hereby certify that the attached resolution is a
true copy of Resolution No. , entitled: "RESOLUTION AUTHORIZING
THE ISSUANCE OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HARBOR LANE APARTMENTS PROJECT),
SERIES 2003; ESTABLISHING THE SECURITY THEREFOR AND AUTHORIZING
THE EXECUTION OF DOCUMENTS" (the "Resolution"), on file in the original
records of the City in my legal custody; that the Resolution was duly adopted by the City
Council of the City at a meeting on July 8, 2003, and that the meeting was duly held by
the City Council and was attended throughout by a quorum, pursuant to call and notice of
such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that upon vote being taken on the Resolution at said meeting, the
following Councilmembers voted in favor thereof:
and the following voted against the same:
and the following abstained from voting thereon or were absent:
WITNESS my hand officially this 8th day of July, 2003.
City Clerk
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF
VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HARBOR LANE
APARTMENTS PROJECT), SERIES 2003; ESTABLISHING
THE SECURITY THEREFOR AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the "City"),
as follows:
Section 1. Recitals.
1.01. It has been proposed that the City refinance its Multifamily Housing Revenue
Bonds (Harbor Lane Apartments Project), Series 1993, issued in the original principal amount of
9,500,000 and outstanding in the principal amount of $9,135,000 (the "Refunded Bonds"),
through the issuance by the City, pursuant to Minnesota Statutes, Chapters 462A and 462C
collectively, the "Act"), of its Variable Rate Demand Multifamily Housing Revenue Refunding
Bonds (Harbor Lane Apartments Project), Series 2003, in a principal amount not to exceed
6,965,000 (the "Bonds") and loan the proceeds to OPR Limited Partnership (the "Borrower").
1.02 The Refunded Bonds were issued and the proceeds thereof loaned to the Borrower
to finance the acquisition and rehabilitation of a 313 -unit multifamily rental housing facility
known as "Harbor Lane Apartments" located in the City (the "Property").
1.03. Fannie Mae, a corporation organized and existing under the Federal National
Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq. ("Fannie Mae"), has agreed, subject
to the satisfaction of certain conditions, to facilitate the refinancing of the Property and the
issuance of the Bonds by providing credit enhancement and liquidity support for the Bonds
pursuant to a credit facility.
1.04. Draft forms of the following documents relating to the Bonds have been prepared
and submitted to this Council and are hereby directed to be filed with the City Clerk:
a) a Financing Agreement (the "Financing Agreement"), proposed to be
entered into by the City, U.S. Bank National Association (successor in interest to
BankAmerica National Trust Company), as trustee (the "Trustee") and the Borrower;
b) a Trust Indenture (the "Indenture"), proposed to be entered into by the
City and the Trustee, relating to the Bonds;
c) a Bond Purchase Agreement (the "Bond Purchase Agreement"), proposed
to be entered into by the City, the Borrower and U.S. Bancorp Piper Jaffray Inc. (the
Underwriter"), relating to the Bonds;
d) an Assignment and Intercreditor Agreement (the "Assignment"), proposed
to be entered into by the City, the Trustee and Fannie Mae, and acknowledged and
agreed to by the Borrower;
e) an Amendment Number One to Regulatory Agreement and Declaration of
Restrictive Covenants (the "First Amendment"), proposed to be entered into by the City
and the Borrower;
f) an Official Statement (the "Official Statement"), to be used in connection
with the offer and sale of the Bonds by the Underwriter; and
g) a form of Bond.
Section 2. Findings.
It is hereby found, determined and declared that:
a) The refinancing of the Property and the issuance and sale of the Bonds would further
the housing policies and goals set forth in the Comprehensive Plan of the City.
b) The payments required to be made to the Trustee pursuant to the Financing
Agreement are fixed, and are required to be revised from time to time as necessary, so as to
produce income and revenue sufficient to provide for prompt payment of principal of and interest
on all Bonds issued under the Indenture when due; and the Financing Agreement also provides
that the Borrower is required to continue to pay all expenses of the operation and maintenance of
the Property, including but without limitation, adequate insurance thereon and insurance against
all liability for injury to persons or property arising from the operation thereof, and all taxes and
special assessments levied upon or with respect to the site of the Property and payable during the
term of the Financing Agreement.
c) The execution and delivery of the Financing Agreement, the Indenture, the First
Amendment, the Assignment and the Bond Purchase Agreement (the "Bond Documents") and
all other acts and things required under the Constitution and laws of the State of Minnesota to
make the Bond Documents and the Bonds valid and binding special, limited obligations in
accordance with their terms, are authorized by the Act.
Section 3. Authorization and Approval of Bond Documents. The Bond Documents
referred to in Section 1.04 are approved, and the Mayor and City Manager are authorized to
execute the Bond Documents on behalf of the City, with such modifications as are deemed
appropriate and are approved by the Mayor and City Manager, within the limitations provided in
this resolution, which approval shall be conclusively evidenced by execution of the Bond
Documents. The Mayor, the City Manager and the City Clerk, or any of them, are also
authorized to execute such other documents, instruments and closing certificates on behalf of the
City as may be required to give effect to the transactions contemplated in the Bond Documents.
2-
Section 4. Official Statement. The City hereby consents to the use of the Official
Statement by the Underwriter in connection with the offer and sale of the Bonds to potential
investors; provided that the City has not participated and will not participate in the preparation
thereof and assumes no responsibility for the sufficiency, completeness or accuracy of the same.
Section 5. The Bonds.
5.01. In anticipation of the receipt of the loan repayments from the Borrower, the City
shall proceed forthwith to issue its Bonds in the form and upon the terms set forth in the
Indenture or established pursuant to this resolution. The Bonds shall be sold to the Underwriter at
a price of par plus accrued interest, if any, as provided in the Bond Purchase Agreement. The
Bonds shall be issued bearing interest initially at the Weekly Variable Rate established as
provided in the Indenture, subject to the Maximum Rate specified therein. The Mayor and the
City Manager are hereby authorized to approve: (1) the principal amount of the Bonds; provided
that the aggregate principal amount of the Bonds is not in excess of $6,965,000; (2) the maturity
schedule of the Bonds; provided that the final maturity date of the Bonds shall not be later than
February 15, 2026; and (3) the provisions for redemption of the Bonds. The approval of such
officers of the terms of the Bonds shall be conclusively presumed by the execution of the Bond
Purchase Agreement and the Indenture by said officers.
5.02. The Mayor and the City Manager are authorized and directed to prepare and
execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee,
together with a certified copy of this resolution, the other documents required in the Indenture,
and such other certificates, documents and instruments as may be appropriate to effect the
transactions herein contemplated. The Trustee is hereby appointed authenticating agent for the
Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1.
Section 6. Absence of Officers. In the absence or disability of the Mayor, any of the
documents authorized by this resolution to be approved and executed by the Mayor may be so
approved and executed by the acting Mayor. In the absence or disability of the City Manager,
any of the documents authorized by this resolution to be approved and executed by the City
Manager may be so approved and executed by the person designated as acting City Manager or
by such other officer of the City who, in the opinion of the City Attorney, may execute such
documents.
Section 7. Authentication of Proceedings. The Mayor, the City Manager, the City Clerk
and other officers of the City are authorized and directed to furnish to the Underwriter and bond
counsel certified copies of all proceedings and records of the City relating to the Bonds, and such
other affidavits and certificates as may be required to show the facts relating to the legality and
marketability of the Bonds as such facts appear from the books and records in the officers'
custody and control or as otherwise known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute representations of the City as to
the truth of all statements of fact contained therein.
3-
Section 8. Limitations of the City's Obligations. Notwithstanding anything contained in
the Bonds or the Bond Documents, the Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and shall not be payable from nor shall
constitute a charge, lien or encumbrance, legal or equitable, upon any funds or any property of
the City other than the revenues specifically pledged to the payment thereof pursuant to the Bond
Documents, and no holder of the Bonds shall ever have the right to compel any exercise of the
taxing power of the City to pay the Bonds or the premium, if any, or interest thereon, or to
enforce payment thereof against any property of the City other than those rights and interests of
the City which have been pledged to the payment thereof pursuant to the Bond Documents. The
agreement of the City to perform the covenants and other provisions contained in this resolution
or the Bonds or the Bond Documents shall be subject at all times to the availability of the
revenues furnished by the Borrower sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject to any personal or pecuniary liability
thereon.
Passed this 8th day of July, 2003.
FA
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the
City of Plymouth, Minnesota (the "City"), hereby certify that the attached resolution is a
true copy of Resolution No. , entitled: "RESOLUTION AUTHORIZING
THE ISSUANCE OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HARBOR LANE APARTMENTS PROJECT),
SERIES 2003; ESTABLISHING THE SECURITY THEREFOR AND AUTHORIZING
THE EXECUTION OF DOCUMENTS" (the "Resolution"), on file in the original
records of the City in my legal custody; that the Resolution was duly adopted by the City
Council of the City at a meeting on July 8, 2003, and that the meeting was duly held by
the City Council and was attended throughout by a quorum, pursuant to call and notice of
such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that upon vote being taken on the Resolution at said meeting, the
following Councilmembers voted in favor thereof:
and the following voted against the same:
and the following abstained from voting thereon or were absent:
WITNESS my hand officially this 8th day of July, 2003.
City Clerk
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF
VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HARBOR LANE
APARTMENTS PROJECT), SERIES 2003; ESTABLISHING
THE SECURITY THEREFOR AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the "City"),
as follows:
Section 1. Recitals.
1.01. It has been proposed that the City refinance its Multifamily Housing Revenue
Bonds (Harbor Lane Apartments Project), Series 1993, issued in the original principal amount of
9,500,000 and outstanding in the principal amount of $9,135,000 (the "Refunded Bonds"),
through the issuance by the City, pursuant to Minnesota Statutes, Chapters 462A and 462C
collectively, the "Act"), of its Variable Rate Demand Multifamily Housing Revenue Refunding
Bonds (Harbor Lane Apartments Project), Series 2003, in a principal amount not to exceed
6,965,000 (the "Bonds") and loan the proceeds to OPR Limited Partnership (the "Borrower").
1.02 The Refunded Bonds were issued and the proceeds thereof loaned to the Borrower
to finance the acquisition and rehabilitation of a 313 -unit multifamily rental housing facility
known as "Harbor Lane Apartments" located in the City (the "Property").
1.03. Fannie Mae, a corporation organized and existing under the Federal National
Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq. ("Fannie Mae"), has agreed, subject
to the satisfaction of certain conditions, to facilitate the refinancing of the Property and the
issuance of the Bonds by providing credit enhancement and liquidity support for the Bonds
pursuant to a credit facility.
1.04. Draft forms of the following documents relating to the Bonds have been prepared
and submitted to this Council and are hereby directed to be filed with the City Clerk:
a) a Financing Agreement (the "Financing Agreement"), proposed to be
entered into by the City, U.S. Bank National Association (successor in interest to
BankAmerica National Trust Company), as trustee (the "Trustee") and the Borrower;
b) a Trust Indenture (the "Indenture"), proposed to be entered into by the
City and the Trustee, relating to the Bonds;
c) a Bond Purchase Agreement (the "Bond Purchase Agreement"), proposed
to be entered into by the City, the Borrower and U.S. Bancorp Piper Jaffray Inc. (the
Underwriter"), relating to the Bonds;
d) an Assignment and Intercreditor Agreement (the "Assignment"), proposed
to be entered into by the City, the Trustee and Fannie Mae, and acknowledged and
agreed to by the Borrower;
e) an Amendment Number One to Regulatory Agreement and Declaration of
Restrictive Covenants (the "First Amendment"), proposed to be entered into by the City
and the Borrower;
f) an Official Statement (the "Official Statement"), to be used in connection
with the offer and sale of the Bonds by the Underwriter; and
g) a form of Bond.
Section 2. Findings.
It is hereby found, determined and declared that:
a) The refinancing of the Property and the issuance and sale of the Bonds would further
the housing policies and goals set forth in the Comprehensive Plan of the City.
b) The payments required to be made to the Trustee pursuant to the Financing
Agreement are fixed, and are required to be revised from time to time as necessary, so as to
produce income and revenue sufficient to provide for prompt payment of principal of and interest
on all Bonds issued under the Indenture when due; and the Financing Agreement also provides
that the Borrower is required to continue to pay all expenses of the operation and maintenance of
the Property, including but without limitation, adequate insurance thereon and insurance against
all liability for injury to persons or property arising from the operation thereof, and all taxes and
special assessments levied upon or with respect to the site of the Property and payable during the
term of the Financing Agreement.
c) The execution and delivery of the Financing Agreement, the Indenture, the First
Amendment, the Assignment and the Bond Purchase Agreement (the "Bond Documents") and
all other acts and things required under the Constitution and laws of the State of Minnesota to
make the Bond Documents and the Bonds valid and binding special, limited obligations in
accordance with their terms, are authorized by the Act.
Section 3. Authorization and Approval of Bond Documents. The Bond Documents
referred to in Section 1.04 are approved, and the Mayor and City Manager are authorized to
execute the Bond Documents on behalf of the City, with such modifications as are deemed
appropriate and are approved by the Mayor and City Manager, within the limitations provided in
this resolution, which approval shall be conclusively evidenced by execution of the Bond
Documents. The Mayor, the City Manager and the City Clerk, or any of them, are also
authorized to execute such other documents, instruments and closing certificates on behalf of the
City as may be required to give effect to the transactions contemplated in the Bond Documents.
2-
Section 4. Official Statement. The City hereby consents to the use of the Official
Statement by the Underwriter in connection with the offer and sale of the Bonds to potential
investors; provided that the City has not participated and will not participate in the preparation
thereof and assumes no responsibility for the sufficiency, completeness or accuracy of the same.
Section 5. The Bonds.
5.01. In anticipation of the receipt of the loan repayments from the Borrower, the City
shall proceed forthwith to issue its Bonds in the form and upon the terms set forth in the
Indenture or established pursuant to this resolution. The Bonds shall be sold to the Underwriter at
a price of par plus accrued interest, if any, as provided in the Bond Purchase Agreement. The
Bonds shall be issued bearing interest initially at the Weekly Variable Rate established as
provided in the Indenture, subject to the Maximum Rate specified therein. The Mayor and the
City Manager are hereby authorized to approve: (1) the principal amount of the Bonds; provided
that the aggregate principal amount of the Bonds is not in excess of $6,965,000; (2) the maturity
schedule of the Bonds; provided that the final maturity date of the Bonds shall not be later than
February 15, 2026; and (3) the provisions for redemption of the Bonds. The approval of such
officers of the terms of the Bonds shall be conclusively presumed by the execution of the Bond
Purchase Agreement and the Indenture by said officers.
5.02. The Mayor and the City Manager are authorized and directed to prepare and
execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee,
together with a certified copy of this resolution, the other documents required in the Indenture,
and such other certificates, documents and instruments as may be appropriate to effect the
transactions herein contemplated. The Trustee is hereby appointed authenticating agent for the
Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1.
Section 6. Absence of Officers. In the absence or disability of the Mayor, any of the
documents authorized by this resolution to be approved and executed by the Mayor may be so
approved and executed by the acting Mayor. In the absence or disability of the City Manager,
any of the documents authorized by this resolution to be approved and executed by the City
Manager may be so approved and executed by the person designated as acting City Manager or
by such other officer of the City who, in the opinion of the City Attorney, may execute such
documents.
Section 7. Authentication of Proceedings. The Mayor, the City Manager, the City Clerk
and other officers of the City are authorized and directed to furnish to the Underwriter and bond
counsel certified copies of all proceedings and records of the City relating to the Bonds, and such
other affidavits and certificates as may be required to show the facts relating to the legality and
marketability of the Bonds as such facts appear from the books and records in the officers'
custody and control or as otherwise known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute representations of the City as to
the truth of all statements of fact contained therein.
3-
Section 8. Limitations of the City's Obligations. Notwithstanding anything contained in
the Bonds or the Bond Documents, the Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and shall not be payable from nor shall
constitute a charge, lien or encumbrance, legal or equitable, upon any funds or any property of
the City other than the revenues specifically pledged to the payment thereof pursuant to the Bond
Documents, and no holder of the Bonds shall ever have the right to compel any exercise of the
taxing power of the City to pay the Bonds or the premium, if any, or interest thereon, or to
enforce payment thereof against any property of the City other than those rights and interests of
the City which have been pledged to the payment thereof pursuant to the Bond Documents. The
agreement of the City to perform the covenants and other provisions contained in this resolution
or the Bonds or the Bond Documents shall be subject at all times to the availability of the
revenues furnished by the Borrower sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject to any personal or pecuniary liability
thereon.
Passed this 8th day of July, 2003.
in
gaiiwd Ae-dI6(&q &,05 -
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the
City of Plymouth, Minnesota (the "City"), hereby certify that the attached resolution is a
true copy of Resolution No. , entitled: "RESOLUTION AUTHORIZING
THE ISSUANCE OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HARBOR LANE APARTMENTS PROJECT),
SERIES 2003; ESTABLISEING THE SECURITY THEREFOR AND AUTHORIZING
THE EXECUTION OF DOCUMENTS" (the "Resolution"), on file in the original
records of the City in my legal custody; that the Resolution was duly adopted by the City
Council of the City at a meeting on July 8, 2003, and that the meeting was duly held by
the City Council and was attended throughout by a quorum, pursuant to call and notice of
such meeting given as required by law; and that the Resolution has not as of the date
hereof been amended or repealed.
I further certify that upon vote being taken on the Resolution at said meeting, the
following Councilmembers voted in favor thereof:
and the following voted against the same:
and the following abstained from voting thereon or were absent:
WITNESS my hand officially this 8th day of July, 2003.
City Clerk
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ISSUANCE OF
VARIABLE RATE DEMAND MULTIFAMILY HOUSING
REVENUE REFUNDING BONDS (HARBOR LANE
APARTMENTS PROJECT), SERIES 2003; ESTABLISHING
THE SECURITY THEREFOR AND AUTHORIZING THE
EXECUTION OF DOCUMENTS
BE IT RESOLVED by the City Council of the City of Plymouth, Minnesota (the "City"),
as follows:
Section 1. Recitals.
1.01. It has been proposed that the City refinance its Multifamily Housing Revenue
Bonds (Harbor Lane Apartments Project), Series 1993, issued in the original principal amount of
9,135,000 and outstanding in the principal amount of $6,965,000 (the "Refunded Bonds"),
through the issuance by the City, pursuant to Minnesota Statutes, Chapters 462A and 462C
collectively, the "Act"), of its Variable Rate Demand Multifamily Housing Revenue Refunding
Bonds (Harbor Lane Apartments Project), Series 2003, in a principal amount not to exceed
6,965,000 (the "Bonds") and loan the proceeds to OPR Limited Partnership (the "Borrower").
1.02 The Refunded Bonds were issued and the proceeds thereof loaned to the Borrower
to finance the acquisition and rehabilitation of a 313 -unit multifamily rental housing facility
formerly known as "Harbor Lane Apartments" (now Regency Pointe Apartment Homes) located
in the City (the "Property").
1.03. Fannie Mae, a corporation organized and existing under the Federal National
Mortgage Association Charter Act, 12 U.S.C. § 1716 et seq. ("Fannie Mae"), has agreed, subject
to the satisfaction of certain conditions, to facilitate the refinancing of the Property and the
issuance of the Bonds by providing credit enhancement and liquidity support for the Bonds
pursuant to a credit facility.
1.04. Draft forms of the following documents relating to the Bonds have been prepared
and submitted to this Council and are hereby directed to be filed with the City Clerk:
a) a Financing Agreement (the "Financing Agreement"), proposed to be
entered into by the City, U.S. Bank National Association, as trustee (the "Trustee") and
the Borrower;
b) a Trust Indenture (the "Indenture"), proposed to be entered into by the
City and the Trustee, relating to the Bonds;
c) a Bond Purchase Agreement (the "Bond Purchase Agreement"), proposed
to be entered into by the City, the Borrower and U.S. Bancorp Piper Jaffray Inc. (the
Underwriter"), relating to the Bonds;
d) an Assignment and Intercreditor Agreement (the "Assignment"), proposed
to be entered into by the City, the Trustee and Fannie Mae, and acknowledged and
agreed to by the Borrower;
e) an Amendment Number One to Regulatory Agreement and Declaration of
Restrictive Covenants (the "First Amendment"), proposed to be entered into by the City
and the Borrower;
f) an Official Statement (the "Official Statement"), to be used in connection
with the offer and sale of the Bonds by the Underwriter; and
g) a form of Bond.
Section 2. Findings.
It is hereby found, determined and declared that:
a) The refinancing of the Property and the issuance and sale of the Bonds would further
the housing policies and goals set forth in the Comprehensive Plan of the City.
b) The payments required to be made to the Trustee pursuant to the Financing
Agreement shall be in such amounts so as to produce income and revenue sufficient to provide
for prompt payment of principal of and interest on all Bonds issued under the Indenture when
due; and the Financing Agreement also provides that the Borrower is required to continue to pay
all expenses of the operation and maintenance of the Property, including but without limitation,
adequate insurance thereon and insurance against all liability for injury to persons or property
arising from the operation thereof, and all taxes and special assessments levied upon or with
respect to the site of the Property and payable during the term of the Financing Agreement.
c) The execution and delivery of the Financing Agreement, the Indenture, the First
Amendment, the Assignment and the Bond Purchase Agreement (the "Bond Documents") and
all other acts and things required under the Constitution and laws of the State of Minnesota to
make the Bond Documents and the Bonds valid and binding special, limited obligations in
accordance with their terms, are authorized by the Act.
Section 3. Authorization and Approval of Bond Documents. The Bond Documents
referred to in Section 1.04 are approved, and the Mayor and City Manager are authorized to
execute the Bond Documents on behalf of the City, with such modifications as are deemed
appropriate and are approved by the Mayor and City Manager, within the limitations provided in
this resolution, which approval shall be conclusively evidenced by execution of the Bond
Documents. The Mayor, the City Manager and the City Clerk, or any of them, are also
authorized to execute such other documents, instruments and closing certificates on behalf of the
City as may be required to give effect to the transactions contemplated in the Bond Documents.
2-
Section 4. Official Statement. The City hereby consents to the use of the Official
Statement by the Underwriter in connection with the offer and sale of the Bonds to potential
investors; provided that the City has not participated and will not participate in the preparation
thereof and assumes no responsibility for the sufficiency, completeness or accuracy of the same.
Section 5. The Bonds.
5.01. In anticipation of the receipt of the loan repayments from the Borrower, the City
shall proceed forthwith to issue its Bonds in the form and upon the terms set forth in the
Indenture or established pursuant to this resolution. The Bonds shall be sold to the Underwriter at
a price of par plus accrued interest, if any, as provided in the Bond Purchase Agreement. The
Bonds shall be issued bearing interest initially at the Weekly Variable Rate established as
provided in the Indenture, subject to the Maximum Rate specified therein. The Mayor and the
City Manager are hereby authorized to approve: (1) the principal amount of the Bonds; provided
that the aggregate principal amount of the Bonds is not in excess of $6,965,000; (2) the maturity
schedule of the Bonds; provided that the final maturity date of the Bonds shall not be later than
February 15, 2026; and (3) the provisions for redemption of the Bonds. The approval of such
officers of the terms of the Bonds shall be conclusively presumed by the execution of the Bond
Purchase Agreement and the Indenture by said officers.
5.02. The Mayor and the City Manager are authorized and directed to prepare and
execute the Bonds as prescribed herein and in the Indenture and to deliver them to the Trustee,
together with a certified copy of this resolution, the other documents required in the Indenture,
and such other certificates, documents and instruments as may be appropriate to effect the
transactions herein contemplated. The Trustee is hereby appointed authenticating agent for the
Bonds pursuant to Minnesota Statutes, Section 475.55, Subdivision 1.
Section 6. Absence of Officers. In the absence or disability of the Mayor, any of the
documents authorized by this resolution to be approved and executed by the Mayor may be so
approved and executed by the acting Mayor. In the absence or disability of the City Manager,
any of the documents authorized by this resolution to be approved and executed by the City
Manager may be so approved and executed by the person designated as acting City Manager or
by such other officer of the City who, in the opinion of the City Attorney, may execute such
documents.
Section 7. Authentication of Proceedings. The Mayor, the City Manager, the City Clerk
and other officers of the City are authorized and directed to furnish to the Underwriter and bond
counsel certified copies of all proceedings and records of the City relating to the Bonds, and such
other affidavits and certificates as may be required to show the facts relating to the legality and
marketability of the Bonds as such facts appear from the books and records in the officers'
custody and control or as otherwise known to them; and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall constitute representations of the City as to
the truth of all statements of fact contained therein.
3-
Section 8. Limitations of the City's Oblijzations. Notwithstanding anything contained in
the Bonds or the Bond Documents, the Bonds shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, and shall not be payable from nor shall
constitute a charge, lien or encumbrance, legal or equitable, upon any funds or any property of
the City other than the revenues specifically pledged to the payment thereof pursuant to the Bond
Documents, and no holder of the Bonds shall ever have the right to compel any exercise of the
taxing power of the City to pay the Bonds or the premium, if any, or interest thereon, or to
enforce payment thereof against any property of the City other than those rights and interests of
the City which have been pledged to the payment thereof pursuant to the Bond Documents. The
agreement of the City to perform the covenants and other provisions contained in this resolution
or the Bonds or the Bond Documents shall be subject at all times to the availability of the
revenues furnished by the Borrower sufficient to pay all costs of such performance or the
enforcement thereof, and the City shall not be subject to any personal or pecuniary liability
thereon.
Passed this 8th day of July, 2003.
in
Agenda Number:
TO: Dwight Johnson, City Manager
FROM: Richard C. Kline, Fire Chief (L
SUBJECT: Plymouth Firefighter Relief Association
DATE: June 20, 2003 for July 8, 2003 City Council Meeting
1. ACTION REQUESTED: City Council authorization is required for the Plymouth
Firefighters Relief Association (PFRA) to amend the Association by-laws to permit the
adoption of ancillary disability benefits for "volunteer" firefighters.
2. BACKGROUND: In the spring of 2003, the Minnesota Legislative approved a
requested change in the Plymouth Volunteer Firefighter's Relief Association to allow the
Association to amend their by-laws to "provide for payment of a disability pension in an
amount consistent with the ancillary benefit requirements specified in Minnesota Statutes,
section 424A.02, subdivision 9"
This special law only goes into effect following City Council approval and the necessary
documentation is filed with the State. Assuming City Council approval and a PFRA by-law
change, this legislation would bring the Association in-line with State statute relative to fire
department pension funds.
3. ALTERNATIVES: The PFRA could function following the current pension and
disability language as promulgated in 1978.
4. DISCUSSION:
5. BUDGET IMPACT: None
6. RECOMMENDATION: Staff recommends that City Council approve this special
law that allows the PFRA to amend their pension by-laws to be consistent with Minnesota
statutes relative to fire department pensions.
Agenda Number:
TO: Dwight Johnson, City Manager
FROM: Richard C. Kline — Fire Chief
SUBJECT: Plymouth Firefighter Relief Association
DATE: June 20, 2003
1. ACTION REQUESTED: City Council authorization is required for the Plymouth
Firefighters Relief Association (PFRA) to amend the Association by-laws to permit the
adoption of ancillary disability benefits for "volunteer" firefighters.
2. BACKGROUND: In the spring of 2003, the Minnesota Legislative approved a
requested change in the Plymouth Volunteer Firefighter's Relief Association to allow the
Association to amend their by-laws to "provide for payment of a disability pension in an
amount consistent with the ancillary benefit requirements specified in Minnesota Statutes,
section 424A.02, subdivision 9".
This special law only goes into effect following City Council approval and the necessary
documentation is filed with the State. Assuming City Council approval and a PFRA by-law
change, this legislation would bring the Association in-line with State statute relative to fire
department pension funds.
3. ALTERNATIVES: The PFRA could function following the current pension and
disability language as promulgated in 1978.
4. DISCUSSION:
5. BUDGET IMPACT: None
6. RECOMMENDATION: Staff recommends that City Council approve this special
law that allows the PFRA to amend their pension by-laws to be consistent with Minnesota
statutes relative to fire department pensions.
02/07/02 [REVISOR ] CMG/DI 02-6130
lir-- C)s3
1 A bill for an act
2 relating to retirement; Plymouth volunteer
3 firefighter's relief association; making various
4 ancillary benefits subject to general law; amending
5 Laws 1978, chapter 685, sections 1, as amended, 2, 3,
6 6; repealing Laws 1978, chapter 685, section 5.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8 Section 1. Laws 1978, chapter 685, section 1, as amended
9 by Laws 1979, chapter 201, section 41, is amended to read:
10 Section 1. [PLYMOUTH VOLUNTEER FIREFIGHTERS' RELIEF
11 ASSOCIATION.]
12 The bylaws of the Plymouth firefighter's relief association
13 may be amended to provide for payment of a disability pension in
14 an amount equal-to-$B-SA-par-menth-per-Year-ef-servieeT-to-a
15 consistent with the ancillary benefit
16 requirements specifiedin. Minnesota Statutes, section 424A.02,
17 subdivision 9, to a firefighter gaa1ified-parenant-te determined
18 to be disabled, as defined in the bylaws of the association and
19 under procedures specified in those bylaws. No member shall be
20 entitled to draw both a disability pension and a service pension.
21. Sec. 2. Laws 1978, chapter 685, section 2, is amended to
22 read:
23 Sec. 2. The Plymouth firefighter's relief association may
24 provide for a benefit to the surviving spouse of a,volunteer
25 firefighter who died, providing that the surviving spouse
26 qualifies under the terms of the bylawsT-saeh-benefit-to-be-paid
Section 2 1
02/07/02 [REVISOR ] CMG/DI 02-6130
1 as-the-bylaws-of-the-assocsat+on-may-provsdeT-except-that-the
2 bylawa-may-not-provide-for-a-spouseLa-benefst-of-more-than
3 g123759-per-monthT-end-provided-the-benef,+t-sha-1-1-cease-as-of
4 the-date-of-the-sponeele-remarriage and the benefit is
5 consistent with ancillary benefit requirements specified in
6 Minnesota Statutes, section 424A.02, subdivision 9.
7 Sec. 3. Laws 1978, chapter 685, section 3, is amended to
8 read:
9 Sec. 3. The Plymouth firefighter's relief association may
10 pay a pension for the children of deceased members, as the
11 association's bylaws may provide, consistent with ancillary
12 benefit requirements specified in Minnesota Statutes, section
13 424A.02, subdivision 9.
14 Sec. 4. Laws 1978, chapter 685, section 6, is amended to
15 read:
16 Sec. 6. JAI The bylaws of the Plxmouth firefighter's
17 relief association may further provide that when any active or
18 deferred member of the association or any pens+over-Mho-+s-a
19 former -member disabilitant or service pension recipient dies,
20 there may be paid a death or funeral benefit to defray or assist
21 the family of the deceased with funeral expenses.
22 (b) A benefit 32aid under this section due to the death of
23 an active or deferred member must conform to Minnesota Statutes,
24 section 424A.02, subdivision 9.
25 (c) A death or funeral benefit may paid under this
26 section to the family of a deceased disabilitant or service
27 pensioner notwithstanding Minnesota Statutes, section 424A.02,
28 subdivision 9, providing that liabilities relating to this
29 benefit are recognized in determinations of actuarial condition
30 and funding costs, as determined under section 69.772 or 69.773,
31 whichever is applicable. Notwithstanding any law to the
32 contrary, the association is authorized to use a load factor or
33 factors to recognize liabilities relating to funeral or death
34 benefits paid to the family of a deceased disabilitant or
35 service pensioner. Benefits are not payable under this
36 paragraph if the city council does not approve the load factor
Section 4 2
02/07/02 [REVISOR ] CMG/DI 02-6130
1 or factors used in determinations of actuarial conditions and
2 funding costs.
3 Sec. 5. [REPEALER.]
4 Laws 1978, chapter 685, section 54 is repealed.
5 Sec. 6. [EFFECTIVE DATE.]
6 (a) Sections 1 to 5 are effective on the day after the date
7 on which the Plymouth city council and the chief clerical
8 officer of the city of Plymouth complete in a timely manner
9 their compliance with Minnesota Statutes, section 645.021,_
10 subdivisions 2 and 3.
11 (b) Sections 1 to 5 should not be interpreted as reducing
12 or otherwise diminishing benefits provided by the Plymouth
13 firefighter's relief association plan.
3
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
RESOLUTION AUTHORIZING THE APPROVAL OF STATE LEGISLATION TO
AUTHORIZE CHANGES TO THE PLYMOUTH FIREFIGHTERS RELIEF
ASSOCIATION PENSION BENEFIT
WHEREAS, the Minnesota State Legislature has passed a special law that allows the
Plymouth Firefighters Relief Association (PFRA) to amend its by-laws so to provide disability
benefits through its pension plan; and
WHEREAS, this special law is consistent with the ancillary benefit requirements
specified in Minnesota Statutes, section 424A-02, subdivision 9 for fire departments in the State
of Minnesota; and
WHEREAS, the City Council agrees this is beneficial to the City, the PFRA, and its
membership,
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, the City Council approves and adopts the Minnesota legislative
special law that permits the PFRA to amend its by-laws to include provisions of Minnesota
Statutes, section 424A-02, subdivision 9 and further authorizes the Mayor and City Manager to
sign the necessary documentation.
Adopted by the City Council on
Agenda Number: ,, , Q
TO: Dwight D. Johnson, City Manager
FROM: Craig Gerdes, Chief of Police; Scott Webb, Police Lieutenant; and
Laurie Ahrens, Assistant City Manager
SUBJECT: AUTHORIZE REQUEST FOR PROPOSALS
DATE: June 30, 2003, for City Council meeting of July 8, 2003
1. ACTION REQUESTED: Adopt the attached resolution authorizing issuance of a Request
for Proposals (RFP) for architectural services for renovation/expansion of the Public Safety
Building.
2. BACKGROUND: In early 2003, the City Council established its goals and priorities for the
year. The Council's top goal was to implement public safety initiatives, which included
addressing building needs. The comprehensive needs assessment for the building identified
the need for indoor parking for police and fire department vehicles, as well as a shortage of
office space, locker room space, and storage areas for records and equipment.
At the May 13 meeting, the City Council directed staff to proceed with selecting an architect
and preparing a detailed cost and plan for the project. The Council also commented that space
needs for the entire campus (including City Hall and parking), site aesthetics, and
compatability with surrounding land uses should be considered as part of the architectural
and planning considerations. Mayor Johnson and Councilmembers Bildsoe and Stein
volunteered to serve on the interview committee for the selection of the architect.
3. ALTERNATIVES: The City Council can make any changes desired in the RFP.
4. DISCUSSION: A committee comprised of Police Chief Craig Gerdes, Assistant City
Manager Laurie Ahrens, and Police Lieutenant Scott Webb has been established to oversee
the project. The committee will seek assistance from other staff, depending on the phase of
the project. For example, Community Development Director Anne Hurlburt assisted with the
development of the RFP.
The following schedule is proposed in the RFP for architectural services:
July 8 City Council authorizes RFP
Aug. 8 Proposals due
Week of Aug. 11 Proposals reviewed
Week of Aug. 18, 25 Interviews held with finalists
Sept. 9 Contract awarded by City Council
In addition to requesting information about each firm's background, experience, and
references in doing similar public safety facilities, the RFP clarifies that the architectural
planning and design is being done in a campus setting. Regardless of the eventual Council
decision on the scope of construction, the preliminary planning and design stage needs to
address the entire campus so that future expansion needs of parking and City Hall are not
precluded. The RFP also draws attention to the importance of landscaping on the site,
sensitivity to surrounding land uses, and sustainability issues such as energy efficiency,
environmentally -sound construction, and creating a healthy indoor environment.
The City Attorney has reviewed the proposed RFP.
5. BUDGET IMPACT: The initial task of the architect will be to propose a preliminary
project budget, along with the preliminary design. This information will be shared with the
Council, and staff will provide suggested specific funding sources for the project. Detailed
cost estimates will be prepared based on the final design. Probable funding options are funds
from the Capital Improvement Fund, Community Improvement Fund, and bonding.
6. RECOMMENDATION: The attached resolution is recommended for adoption.
REQUEST FOR PROPOSAL
ARCHITECTURAL SERVICES
RENOVATION/EXPANSION PUBLIC SAFETY BUILDING AND CITY HALL
CITY OF PLYMOUTH
DATE OF ISSUE: JULY 9, 2003
PROPOSALS DUE: AUGUST 8, 2003
REQUESTED SERVICE
The City seeks to obtain the services of a qualified architectural firm with extensive
experience in the design of public safety facilities to assist in the design of a renovation
and expansion of the existing Plymouth Public Safety building and possibly City Hall. The
selected architectural firm would be responsible for developing plans and budgets for
expansion options. Parking and landscape considerations will be included in the designs.
BACKGROUND
In 2003 the Plymouth City Council established its goals and priorities for the upcoming
year. Among these goals were a number of public safety initiatives, including review of
space needs for the Public Safety facility. The original driving force behind this proposal
was a need for indoor parking for police and administrative fire department vehicles, as
well as the lack of storage space available for records and equipment.
An internal committee was formed to examine space needs for the Public Safety building
and to project future needs for a 20 -year period. Subsequently, an internal committee
assessed the City Hall building for possible future space needs. Specific space needs were
identified for both buildings. (Building Needs Assessment reports for both the Public
Safety and City Hall facilities are included as attachments to this RFP).
The current City Hall and Public Safety facility are two separate structures located adjacent
to each other at 3400 Plymouth Blvd. The two buildings are connected by a covered
walkway. (Site plan is attached).
The current Public Safety complex was constructed in 1992. It is a 25,025 square foot
two-story brick building. The Public Safety facility houses the entire police department
including a five -cell detention area. It also contains the Fire Department's administrative
offices. The first floor consists of a clerical area, patrol sergeant's office, CSO office,
patrol lieutenant office, patrol briefing room, locker rooms, five -cell detention area,
evidence room, lunch room and two sally ports. The second story contains offices for both
Page 1
the police and fire administrative staff, Investigative Division, School and Community
Division, a training room with a 60 -person capacity, and library.
The City Hall building was originally constructed in 1978, with renovation and expansion
in 1995. It is a 46,000 square foot two-story brick building.
The City of Plymouth is considering how to integrate both the future needs of the Public
Safety facility and City Hall onto the existing campus, with appropriate considerations to
the surrounding land uses, landscaping, and parking. The City may consider the use of an
Owner's Representative for this project.
PROCEDURES
The following information is provided to assist you in preparing your proposal:
1. Number of copies needed: 7.
2. Due date: August 8 at 4:30 p.m.
Proposed Schedule:
Proposals reviewed: Week of August 11
Interviews held on selected proposals: Weeks of August 18 and 25
Contract awarded by City Council: September
4. Mail or deliver proposals to: Lieutenant Scott Webb
Plymouth Police Department
3400 Plymouth Blvd.
Plymouth, MN 55447
5. If there are questions about the preparation of your proposal or to arrange a tour of
the site and facilities, please contact:
Lieutenant Scott Webb
Phone: 763/509-5188
E-mail: Swebbeci.plymouth.mn.us
All contacts made with the City of Plymouth regarding this proposal be made
solely through Lieutenant Scott Webb.
The City intends to select three to five firms for further consideration.
DISCLAIMER: This request for proposals is only a solicitation for information. The City
of Plymouth is not obligated to enter into a contract nor is it responsible for any costs
associated with the preparation of proposals and interviews. Proposals received later than
4:30 p.m. on August 8 may be disqualified from consideration. The City reserves the right
Page 2
to reject any and all proposals and to interview firms which in the City's judgment will
best meet City needs.
QUALIFICATIONS
The City seeks to employ a firm that exhibits the following characteristics:
1. Strong design and construction experience with recent examples of similar new or
renovation projects involving public safety and city hall facilities, in a setting
similar to Plymouth.
2. A demonstrated ability to achieve value, attractiveness and quality in design, and
remain within project budget limitations.
3. A demonstrated ability to integrate the concepts of sustainability into the project.
This includes energy efficiency, use of environmentally sound building materials
and construction methods, construction waste management and prevention, and
creating a healthy indoor environment.
4. A willingness to participate as part of a project team that will include key City
staff, selected Police Department personnel, other community representatives, and
possibly an Owner's Representative.
5. The architectural firm must be willing to work with elected officials as a partner in
the design and planning of the facility.
CONTENTS OF PROPOSAL
Interested firms should submit a proposal that contains the following information,
organized in this manner:
1. FIRM BACKGROUND
a. Describe the qualifications of your firm. Include the size of firm, number of
employees by job category, the areas of specialization for which your firm
is recognized, and any key features that might set your firm apart.
b. Please describe your experience in working with an independent Owner's
Representative on a project.
2. EXPERIENCE AND REFERENCES
List at least three similar public safety facilities recently completed by your firm.
You may include additional relevant projects that are not related to public safety.
a. For each of these projects, list the date of completion, the total square
footage, total project cost, the construction time frame, the project designer,
and project manager. State whether or not the persons responsible for each
project are still employed by your firm.
b. For each of these projects, list a reference that we may contact. Include
contact person, title, telephone number, and identify their role in the
process.
Page 3
c. List any design awards won by your firm. Identify the project and date of
award.
3. APPROACH TO PROJECT
a. Describe how your firm will approach the design of the facility in terms of
involvement by the Owner.
b. Describe how your firm will approach internal facility design relative to
functionality, economy, durability, and aesthetic/architectural appeal and
how these values will support the delivery of high quality services to the
public.
c. Describe how your firm will approach external facility design project
design on a campus with limited space, and considering the adjacent uses,
landscaping, and parking.
4. PROJECT TEAM
a. Specify the project team that will be committed for the duration of this
project, and describe any other personnel who will be involved in the
project. If the proposer is selected for an interview, the project team
committed to the project must be available for the interview.
b. Identify any consultants who will be a part of this team and identify their
firm, experience and areas of expertise.
c. Discuss how you will perform engineering services. Identify the key staff
that will be committed to the project, their qualifications, experience and
specific areas of expertise.
d. Discuss your firm's role in site management and supervision; specify any
personnel who would be committed and how you would propose to work
with the Owner's Representative or general contractor.
5. ADDITIONAL REQUIRED INFORMATION
a. Does your firm carry insurance to protect clients from errors and omissions?
In what amount? Does your firm carry professional liability insurance?
Provide evidence in your proposal.
b. Has your firm been the subject of litigation, mediation, or arbitration during
the last five years? If so, give details of the issues and its resolution.
Provide names of clients involved and contact names and telephone
numbers. Involvement in litigation will not necessarily disqualify a
proposer, however failure to provide accurate information will render the
submittal as disqualified from further consideration.
c. Has your firm ever been requested by a client to retire from a project. If so
explain details.
d. Each proposal must be signed by an authorized representative of your firm
who can be held accountable for all representations.
Page 4
6. FEES
a. Describe your method of fee calculation. What services are included?
Identify which fees are based on cost percentage of the job, flat rate, or
pass-through.
b. Does your fee assume a certain number of meetings with staff and a certain
number of public meetings with the City Council and/or Planning
Commission?
RIGHTS RESERVED
The City reserves the right to waive any irregularities in any proposal and to select
the proposal evaluated to be most advantageous to the City. Further, the City
reserves the right to disqualify any proposals if it is deemed to be in its best
interest.
The City shall not be liable for any expenses incurred by the proposer; including,
but not limited to, expenses associated with the preparation of the proposals.
The City of Plymouth reserves the right to reject any and all proposals or to request
additional information from all proposers.
Page 5
Adopted Minutes
Special Council Meeting
May 13, 2003
Mayor Johnson called a Special Meeting of the Plymouth City Council t0 er at 5:15 p.m. in
the Public Safety Training Room, 3400 Plymouth Boulevard, on May 1 2003.
COUNCIL PRESENT: Mayor Johnson, Councilmembers Hewitt lavik, Black, Bildsoe
arrived at 5:40 p.m.), Neset, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, A
Gerdes, Lieutenant Plekkenpol, Police Officer
Chief Kline, Property Management Coordin
City Clerk Paulson.
In
is*t City Manager Ahrens, Police Chief
iatkiewicz, Investigator Christianson, Fire
Jones, Park and Recreation Director Blank, and
The Council interviewed y th for positions on the Youth Advisory Council, Human Rights
Commission, Envirorim,06tal Quality Committee, and the Wayzata/Plymouth Chemical Health
Commission. The C cil discussed the interviews.
Motion was in e by Councilmember Black and seconded by Councilmember Hewittto direc
staff to pre(e an Ordinance to amend the composition of the Environmental Quality
Committ to change the student membership from two regular and two alternate members to
three r ular voting members and to add one student member to the Park and Recreation
Advis'ory Commission. With all members voting in favor, the motion carried.
Expansion of Public Safety Building
Police Chief Gerdes stated a committee was formed to study the expansion of the Public Safety
Building. The first need that was studied was a garage for the squad cars. He stated the building
was originally designed with a garage. However, that space as well as other office space was
deleted prior to construction. He stated they are in need of additional storage space as well as
garage space. He noted that the committee reviewed current needs and emergency needs. They
toured other police departments' buildings. He requested additional direction from the Council
on whether and/or how to proceed. If it is the desire of the Council to proceed, an architect
would be selected and other departments such as Engineering and Community Development
would be involved.
City Manager Johnson commented that all City departments are at full capacity, so this would be
an opportune time to evaluate City Hall as well. He noted that with any expansion, there could
be the loss of existing parking spaces.
Adopted Council Minutes
Special Meeting of May 13, 2003
Page 2 of 3
Councilmember Bildsoe stated he would like to review all priorities and options for the Police
Department and City Hall.
Mayor Johnson stated staff needs to review what space would be necessary for the future.
Councilmember Black stated she is very concerned how the exterior of the expansion would
blend in with the amphitheater area. She suggested that the garage doors not be located facing
the Hilde Performance Center.
Councilmember Stein agreed that the City needs to plan the space for at least the next 20 years
and the expansion needs to be aesthetically pleasing to the surrounding area.
Councilmember Hewitt stated she is concerned about cost, and she would like to see the options
priced separately. She stated she would like to know what the cost would be if the current
building was totally "gutted."
Motion was made by Councilmember Bildsoe and seconded by Councilmember Slavik, to direct
staff to proceed with selecting an architect and preparing a detailed cost and plan.
Mayor Johnson and Councilmembers Bildsoe and Stein volunteered to serve on the interview
committee for the selection of the architect.
City Manager Johnson stated staff would be preparing a request for proposal, and the goal would
be to begin the design process by the end of the summer.
With all members voting in favor, the motion carried.
Appointments to the Aquatic Vegetation Management Group
Councilmembers Stein and Black indicated that they would be recommending that Marjorie
Larson and Donald Maxwell be appointed to the Aquatic Vegetation Management Group.
Schedule Future Study Sessions
City Manager Johnson informed the Council that Providence Academy would be unable to
attend the Special Meeting on June 16 when the third sheet of ice is discussed. Therefore, he
suggested this item be placed on the June 24 Regular Council meeting agenda.
Motion was made by Councilmember Hewitt and seconded by Councilmember Stein, to cancel
the June 16 meeting and place the consideration of a third sheet of ice on the June 24 Regular
Council Meeting agenda. With all members voting in favor, the motion carried.
DATE: June 4, 2003
TO: Dwight Johnson, City Manager
FROM: Laurie Ahrens, Assistant City Manager(
SUBJECT: City Hall Space Needs
The City Council reviewed the space needs assessment for the Public Safety Building on
May 13 and directed staff to proceed with selection of an architect for the project.
During the discussion, the Council indicated it would be prudent to consider the overall
campus needs at this time. City Hall is currently at capacity, and parking could soon
become a problem on the site, particularly if the public safety building expansion results
in a loss of existing parking spaces. The preliminary architectural design work should
consider space needs of the entire campus so that expansion of the Public Safety Building
does not preclude future expansion of City Hall or of adding parking to the site.
The City Hall building was built in 1978, with renovation and expansion in 1995, which
brought the building to 46,000 square feet. I recently asked the department directors to
project future office, storage, conference room, and parking needs for City Hall, looking
20 years in the future. The results are that approximately 7,000 sq. ft. of additional space
would be needed. This is divided into the following types of uses:
Office Space 3,700 sq. ft.
Space associated with computer use, storage, training 1,200 sq. ft.
Office storage/work room space 1,500 sq. ft.
Conference Rooms 650 sq. ft.
Parking needs were also reviewed on the entire site. The city vehicle lower parking area
is full, and the police parking areas are nearly filled. The main upper lot serving both
buildings currently has about 15 empty spaces on an average work day, assuming no
meetings bring a large number of people to the site. There is no existing parking
available for growth of the workforce, and some existing parking may be lost with the
public safety building expansion. Also, there are currently an average of 15 employees
who use on -street parking along 34th Avenue during the workday, which helps alleviate
the parking situation on the site. If these employees moved to the parking lot, there
would be a current shortage of parking on the site. The design should include
replacement of any lost spaces on the site due to expansion of the Public Safety Building,
a minimum of 30 new spaces, and possibly more new spaces if we don't want to rely on
employees using on -street parking in the long-term future.
One additional consideration in determining the overall space needs on the site is the
meeting needs of the City Council. The existing Council Conference Room is not in the
best location or configuration to easily serve the needs of the City Council. The same is
true of the existing Public Safety Training Room, which is frequently used for public
meetings by the City Council and many others. These needs should also be considered
by the architect in determining the space needs for the site.
Agenda Number:
TO: Dwight D. Johnson, City Manager
FROM:Craig C. Gerdes, Chief of Police
SUBJEC EXPANSION NEEDS FOR THE PUBLIC SAFETY BUILDING
DATE: May 8, 2003 for the May 13, 2003 Council Study Session
1. ACTION REQUESTED: City Council discuss the building expansion committee initial
report and give further direction to staff.
2. BACKGROUND: The Plymouth City Council established its 2003 Goals and Priorities at
its March 11, 2003 Council Meeting. Among them were a number of Public Safety
initiatives, including reviewing expansion needs for the Public Safety building. A committee
was created to begin an internal discussion. The scope for the building expansion committee
was to study the need for an enclosed, heated garage and additional storage with an
opportunity to assess future space needs of the department. Their report is attached.
In general, the committee looked at individual areas of need and then prioritized those needs.
The committee did not investigate or detail architectural feasibility of the recommended
expansion; nor was the committee charged with determining other possible resolution to
space needs. For example, electronic scanning of current documents instead of increasing
amount of storage space. The committee did discuss the possible benefits of incorporating
needs together or utilizing the space or the area that would be vacated if new space were
constructed. As part of the committee's process they toured other police departments in the
metropolitan area. In some cases, Council Members, City Manager, and/or the Assistant City
Manager were able to join the tours. A number of Council Members also toured the current
facility.
3. RECOMMENDATION: The City Council provide direction to the staff regarding building
expansion priorities and direct the staff to contract with an architectural firm to develop more
detail regarding expansion options and costs.
BUILDING NEEDS ASSESSMENT
POLICE DEPARTMENT / FIRE ADMINISTRATION
MAY 1ST, 2003
The Plymouth City Council established its 2003 goals and priorities at their March
11th
Council meeting. Among them, were a number of Public Safety initiatives, including
reviewing expansion needs for the Public Safety Building. The Police Chief established a
committee to look at this need. The committee includes Lt. Dan Plekkenpol, Sgt. Scott
Kleist, Sgt. Curtis Smith, Sgt. Larry Holzerland, Sgt. John Sigfiinius, Officer Jeff
Swiatkiewicz, Officer Brain Jeska, Detective Jon Christianson, Detective Scott Kroeger
Office Support Representative Carole Langston and Fire Chief Rick Kline. This initial
report is being presented to the Police Chief for his consideration in preparation for the
upcoming City Council Study Session scheduled for May 13, 2003.
The scope for the building expansion committee was to study the need for an enclosed,
heated garage and additional storage with an opportunity to assess future space needs of
the department. The catalyst initiating this process is the definitive lack of storage space
in the building. While the Public Safety Building is only ten years old we are already
outgrowing the facility. During our study we discovered several other work areas and
offices that are in need of expansion.
The committee based their decisions on the current need for additional space coupled
with the future growth of our department with the proposed build out of the city. The
Director of Community Development in the City of Plymouth Anne Hurlburt was
consulted to project the population growth by 2020. The population projection was set at
75,000 based on figures from the Metropolitan Council. The committee also researched
the projected growth of needed additional employees by 2020. It was determined that 14
patrol officers, 1 detective, a crime analyst, a full time property/evidence room manager,
and three additional clerical positions to staff the front counter 24 hours / seven days a
week would be needed. This increase could result in additional needed space.
The committee prioritized the importance of the need for the spaces mentioned in this
report. The separate areas of need were placed into four categories. Priority one: these
are space needs of our current facility that require expansion or areas that are not
currently incorporated into our building, in which the committee feels are a definite need
at the present time. Priority two: these are space needs that the committee feels are very
important to the daily operation of the Police Department in the very near future, that
being 3-5 years. Priority three: these are spaces the committee views as definite needs
for the future, but the department can effectively operate without at this time. Priority
four: these spaces are categorized as areas that we have a need, but are deemed only as
nice to have. Workspaces we addressed are listed separately in this report designed with
current information about the area, a comparison with the seven police facilities that we
had toured and a recommendation for expansion or improvement of that space for our
building. Contained within some of the recommendation sections are explanations of the
benefits of incorporating needs together or utilizing the space of the area that would be
vacated if a new space were constructed.
The information contained in this report is meant to inform the City of Plymouth's
Mayor, Council Members, City Manager, Assistant City Manager and the Police Chief of
the committees view of space expansion needs to better serve the department and the
community.
Tour Locations
Eagan Police Department:
Population: 64,000
3830 Pilot Knob Road
651-675-5700
69 Sworn officers
30 civilian employees
Building constructed in 1995
Building size 28,000 square feet
Architect: Thorbeck 612-871-7979
Bloomington Police Department:
Population: 87,000
1800 Old Shakopee Road Bloomington, MN
952-563-8700
114 sworn officers
35 civilian employees
Building constructed May 2003
Building size 83,000 square feet
Architect: Ankeny/Kell 651-645-6806
Saint Louis Park Police Department:
Population: 45,000
3515 Raleigh Road St. Louis Park, MN
952-924-2618
51 sworn officers
28 civilian employees
Building Constructed in 1993
Building size 26,000 square feet
Architects Adolfson/Peterson
Maple Grove Police Department:
Population: 58,000
9401-Fernbrook Lane Maple Grove, MN.
763-494-6010
53 sworn officers
26 Civilian employees
Building constructed October, 1999
Building size 47,868 square feet
Architect Bill Bagsley with Borman/Cruise 612-373-9151
Blaine Police Department:
Popultion: 50,000
10801 Town Square Drive Blaine, MN
763-784-6700
43 sworn officers
10 full time and 3 part-time civilian employees
Building constructed: 2002
Building size 31,000 Square feet
Architect: Ankeny/Kell
Coon Rapids Police Department:
Population: 65,000
11155 NW Robinson Drive Coon Rapids, MN
763-767-6481
67 Sworn officers
16 Civilian employees
Building constructed 1996
Building size 23,000 square feet
Architect: Borhman/Cruise 612-339-3792
Brooklyn Center Police Department:
Population 29,605
6645 Humboldt Ave N., Brooklyn Center, MN
763-569-3300
42 Sworn officers
10 Civilian employees
Building constructed: 2000
Building size 30,000 square feet
Architect: Borhman/Cruise/Voegel 612-339-3752
Plymouth Police Department:
Population 67,000 approx.
3400 Plymouth Blvd Plymouth,MN
763-509-5160
61 Sworn Officers
16 Civilian employees
Building Constructed 1992
Building size 25,025 square feet
Architect Polson/Trossen Wright
Plymouth Police Department
Room Dimensions
Room/Area Dimension Comments
Roll Call room 29 x 18
Armory/Equipment room 18 x 9
ERU Room 10 x 9 12 ERU members share this room
Lunch room 30x 15
Patrol Equipment closet 16 x 6
Men's locker room 45 x 23 does not include restrooms
Women's locker room 19 x 14 does not include restrooms
Evidence processing/Rpt writing 16 x 7
CSO office 16 x 9 Shared by all CSO's
Sergeants office 21 x 16 7 sergeants share this office
Copy room 11 x 8 15` floor
Clerical office 35 x 23 Shared by all clerical staff
Current report storage 16 x 10 Contains 3 years of reports
School/Community Service office 31 x 13 4 officers share this office
Investigation Sergeant office 11 x 10
Investigators office 27 x 20 6 investigators share this office
EOC 17 x 12 Functionality limited to small size
Conference room/library 24x 17
Archive report storage 15 x 8 2"d floor
Archive report storage 19 x 15 2nd floor
Copy room 10 x 7 2nd floor
General office sizes -approximate 15 x 13 2nd floor
Training room 39 x 23
Total square footage of above listed areas is 7352 sqaure feet.
April 2003
BUILDING EXPANSION COMMITTEE
PRIORITY LIST
PRIORITY ONE
GARAGE
CLERICAL STORAGE
ERU EQUIPMENT STORAGE
PROPERTY/EVIDENCE ROOM STORAGE
PATROL EQUIPMENT STORAGE
INVESTIGATOR'S OFFICES
PRIORITY TWO
LOCKER ROOM
SUPERVISOR'S OFFICE
D.A.R.E./CRIME PREVENTION/EDUCATION STORAGE
SCHOOL AND COMMUNITY SERVICES OFFICE SPACE
PRIORITY THREE
FITNESS /DEFENSIVE TACTICS ROOM
REPORT WRITING / EVIDENCE PROCESSING ROOM
EOC/TRAINING EXPANSION UPGRADE
PRIORITY FOUR
ROLL CALL
Priority One: These are space needs of our current facility that require expansion or
areas that are not currently incorporated into our building, in which the committee feels
are a definite need at the present time.
Priority Two: These are space needs that the committee feels are very important to the
daily operation of the Police Department in the very near future, that being 3-5 years.
Priority Three: These are spaces the committee views as definite needs for the future,
but the department can effectively operate without at this time.
Priority Four: These spaces are categorized as areas that we have a need, but are
deemed only as nice to have.
PRIORITY ONE NEEDS
Plymouth Police Garage
The building committee determined that there is a need for an enclosed, heated garage
facility. This improvement would enhance the ability for officers to respond to
emergency calls for service during inclement weather, without having to scrape and
defrost windows or jump dead batteries. This facility would also add to the security of
police vehicles and their enclosed equipment. The garage would be a benefit to the
security of the officers preparing the squads for their next tour of duty. The garage would
eliminate the need to move all the squad cars out of the current lot after a snowfall so the
lot can be plowed.
The committee formulated a needs assessment of a garage facility for the current date and
extended the concept twenty years into the future. Based on the population projection of
75,000 residents by 2020 14 additional officers need to be added to staffing and 1
additional detective. This growth in needed personnel should be reflected in the plans for
a parking facility and specialized storage areas.
CURRENT GARAGE PARKING NEEDS:
15 Patrol Squads
2 Canine Squads
1 Reserve Squad
2 Emergency Response Units
1 Speed Trailer
2 Community Service Officer Trucks
4 Administrative Vehicles
8 Investigative / Liaison Vehicles
1 DARE unmarked vehicle
3 Fire Department Administrative Units
2 Fence Enclosed Stalls for Large Pieces of Evidence
2 Stalls for Car Wash / K-9 Wash Area
1 Fence Enclosed Stall for Vehicle Supplies
2 Fence Enclosed Stalls for First Aid Supplies
TOTAL: 46 STALLS
PROJECTED GARAGE PARKING NEEDS:
The boldface descriptions indicate an increase in needed vehicle space for future
expansion.
20 Patrol Squads
2 K-9 Squads
1 Reserve Unit
2 Emergency Response Units
1 Speed Trailer
2 Community Service Officer Trucks
5 Administrative Vehicles
1 DARE Vehicle
12 Investigative / Liaison Vehicles
1 Investigative Bait / Surveillance Vehicle
5 Fire Administrative Units
3 Fence Enclosed Stalls for Large Pieces of Evidence/Property
2 Stalls for Squad / K-9 Wash
1 Fence Enclosed Stall for Vehicle Supplies
2 Fence Enclosed Stalls for First Aid Supplies
TOTAL 60 STALLS
LOCAL COMPARISON OF POLICE GARAGE FACILITIES:
Maple Grove P.D. 35 Stalls
Blaine P.D 6 Stall heated garage for on duty squads and a 60
stall unheated facility for off-duty squads and other
police and city vehicles
Bloomington P.D. 58 Stalls
RECOMMENDATIONS:
A 60 stall heated enclosed parking facility for police department work vehicles and
additional storage areas would meet the needs of the above projections. The following
areas could be incorporated into the garage facility: Emergency Response Unit storage,
property / evidence storage for large items, first aid supply storage, patrol vehicle
equipment storage, general patrol equipment storage(duty bags, radios with chargers.
flashlights with chargers cell phones and chargers squad car video microphone with
chargers, speed detection lasers and tint meters) By incorporating these spaces into the
garage new options for space use would open for the following. The ERU storage room
would now be empty. The patrol equipment / armory room would now be empty. The
cabinets used for first aid storage in the lunchroom would be empty and the oxygen
supply area could be moved out of the sally port allowing additional room. The sally
ports and dog kennels would not have to be used for large evidence storage. The vehicle
supply area for squads in the sally port would be empty. More space would be available
in assigned lockers without having a large duty bag inside. The ERU Response Vehicles
could be parked next to the ERU equipment room for a more efficient deployment. The
ERU ambulance could be moved out of Fire Station 3 allowing more space for Fire
Department vehicles.
Clerical Storage Area
The building committee has determined that a larger file storage area is necessary for
smooth and accurate filing of our records.
CURRENT:
The storage area is now divided into two separate rooms. The current files for the last
three years are housed on the first floor adjacent to the clerical workstation and is
10ftxl6ft in size. The reports in this room are stored in files on steel shelving. There is
very little room to move about when two employees are obtaining files. The archived
files are temporarily stored in a conference room on the second floor located in the Fire
Department Administration hallway. The size of the room is 20ftxl5ft. The files are
stored in large cardboard banker's boxes on eight -foot high storage shelves. The space
between the shelves is 2 1/2 feet making it difficult for one person to move about freely
to remove boxes from the shelves. Assistance is often needed to move heavy boxes high
up on the shelves. There are several boxes of records stacked on the floor because there
is no more room left on the shelves. There is a complete year's set of records stored in
bankers boxes stacked on the floor of the current records room on the first floor because
there is no room left in the archive room. Documents become bent or crushed over time
based on the manner they are stored in. The Fire Department has a need to store
documents but is unable to use the existing file storage areas because it is fully utilized by
the Police Department. Total square footage is 460.
COMPARISONS:
Eagan Police Department:
The current records file room is located on the second floor adjacent to the clerical work
area and is 25ftxl5ft in size. The room houses a Lectriever System and a Space Saver
System for the efficient use of space. The archives storage is on the first floor and is
approximately 12ftx8ft in size. The total space is 471 square ft.
Bloomington Police Department:
The storage room has a Lectriever System that contains twenty-two, 7 foot carriages to
hold 2 years of files. After two years all reports are then scanned. Bloomington also has
an off site storage area for archived reports. The size of the archive area is 390 square
feet.
Saint Louis Park Police Department:
The current records file room is 20ftxl5ft and no Lectriever System. They are starting to
scan files for electronic storage. The archive storage room is 8ftxl5ft with no storage
system. The total size of storage is 420 square Feet.
Maple Grove Police Department:
The storage room is divided into two separate areas, the current files and archived files.
The room is adjacent to the clerical work area. The current file area has a Lectriver
System with a second to be added in 2004 and the archive area has a Space Saver System.
The total size is 600 square feet.
Blaine Police Department:
They do not have a separate file room. They keep three years of records in 6 file
cabinets, which are located in the clerical workstation area, which is 4000ft. The
reports that are older than 3 years are placed onto microfilm. They are going to start
scanning or imaging their old reports soon and discontinue the microfilming.
Coon Rapids Police Department:
They have two storage rooms in the clerical section. The main room is 215 square feet
and houses 3 years of the most current reports. The second room is 90 square feet and it
houses reports on microfilm and older files stored in bankers boxes. Total area is 303
square feet.
Brooklyn Center Police Department:
They have one clerical storage room, which is 25ftxl5ft in size. At this time they are
prepared to purge ten years of files to create more room. Total size is 375 square feet.
RECOMMENDATION:
The building committee has determined a need for a clerical file storage area of 1800
square feet to accommodate the current and future use by the Police and Fire
Departments. The total square footage is larger than the departments that have been
studied based on the recommendation of Captain Paul Berndt of Maple Grove Police. He
stated that if he could plan it over he would have made the storage area 1800 square feet
because they will run out of room soon. The Captain has designed two police facilities
over the past thirty years. At this time our department prepares written documentation of
all calls for service, which adds to the needed space for storage. Not all police
departments write reports on all calls for service. The suggestion would be to separate
this room into a current file storage area with a Lectriever System and an archive file
storage area with a Space Saver System. A copy, fax, report preparation area can be
incorporated into the storage area. Our existing building is ten years old and yet we have
completely run out of storage space. At initial assessment the recommendation for
storage space may seem large but history has shown us that this additional space would
be a premium asset in 20 years. Another option for archived records would be a secured
off site storage location.
If a new clerical storage area was constructed the second floor archive storage room
would be open to use for the original intended purpose of a conference room for Fire
Department Administration. The room next to the 2"a floor archive room would also be
empty because it is used as overflow storage for archived records. The existing current
file room attached to the clerical section would also now be open for space use.
Emergency Response Unit Room
This building committee has determined a need for a larger storage facility for tactical
and personal equipment pertaining to the ERU team.
CURRENT:
The current size of our ERU storage room is approximately 10' x 9' for a total of 90
square feet. The 12 members of Plymouth's ERU team share this room. The room
contains a large gun safe, which securely stores the majority of the team's weapons,
although some weapons must remain out of the safe because it is not large enough to
store all of the team's weapons. There are 17 cubbyholes, 12 of which are used for
individual team members to store equipment such as their tactical vests. The remaining 5 -
cubbyholes are used to store miscellaneous team items. Each team member stores the
rest of their equipment in a large duffel bag. There are several items that are placed on the
floor in the center of the room because of the lack of space.
COMPARISONS:
Eagan Police Department:
Eagan PD has a separate 20' x 19' locker room for a total size of 308 square feet. Each
team member has a separate locker in this room in addition to their personal lockers.
There is a grease board on the wall and a large grease table that members can sit around
and write diagrams onto. In addition to the separate locker room, Eagan PD has a sally
port dedicated to ERU equipment storage. In this sally port, they store a large trailer that
each member stores their weapons, helmets, tactical vests, and flashlights, ECT. This
trailer is brought to each emergency scene (similar to our ERU vehicle.)
Bloomington Police Department:
Bloomington PD issues each ERU member 2 double lockers inside of their locker room.
These lockers are used to store the majority of their team member's equipment.
This department also has a 19' x 11' ERU storage room containing a grease board for a
total size of 209 square feet.
Bloomington PD also has 2 sally ports that they park their 2 ERU vehicles in, which also
contains a place to clean their weapons.
Maple Grove Police Department:
Maple Grove PD has a 25' x 10' storage room for a total size of 250 square feet,
attached to their underground garage. This room contains a space saving shelving system
to store equipment. Their ERU vehicles are parked next to this room inside of the
underground garage.
Saint Louis Park Police Department:
Saint Louis Park PD issues each team member an additional half locker to store his or her
ERU equipment in. There is an additional small storage room dedicated to ERU
equipment. No dimensions available.
Blaine & Coon Rapids Police Departments:
These departments do not have ERU teams. Covered by Anoka County.
Brooklyn Center Police Department:
Brooklyn Center PD issues each team member an additional double locker to store his or
her equipment. The remainder of their equipment is stored in their ERU van.
RECOMMENDATION:
The building committee has found a need for a larger area for Plymouth's ERU team
members to store individual equipment and additional space to store ERU team
equipment. If our team does not increase in size as our department grows, we would need
a 20' x 20' storage room, for a total of 400 square feet. This room should contain space
saving storage shelving large enough to store individual team member's tactical vests
along with departmental equipment. One wall inside of this room should contain secure
wall gun racks (similar to the wall storage racks for our MP -5's in our armory.) This
would eliminate the bulky weapons safe and allow the weapons to dry after use in wet or
damp weather, yet still remain secure. In addition to this storage room, we feel it is a
necessity to issue each team member a second double locker in the locker room to store
the majority of each team member's smaller ERU equipment.
If this new space was incorporated into the garage facility the existing ERU storage room
attached to the roll call room would be open for optional space uses.
Property / Evidence Room Storage
The building committee has determined a need for a larger property / evidence room to
ensure the accurate storage of evidence for criminal cases and the safe keeping of found -
property.
CURRENT:
The property storage area of this room is 23ft x 13 ft with 3 shelving units that are 14ft
long and 8ft high. These shelves have various sized cubicle storage bins to accommodate
large and small items. These shelves are completely full. The area of the property
storage space is 299 square feet. There is a secured vault room attached to the property
storage room that is 3ft x 5ft or 15 square feet. The vault is used to store narcotics and
handguns. There are shelves built into this room to store the items on. This room is
actually a closet and is completely full of evidence. The long guns are kept in the
property room area because of the lack of room in the vault. There is an office /
preparation area that is 15ft x 5ft or 75 square feet. This area houses a small desk and an
8 -foot preparation counter. There is no computer in the room. The property manager
goes to different location in the building to complete needed information checks. The
property section has a refrigerator to store evidence that needs to be kept at a lower
temperature. There are 21 various sized locker doors in the hallway to place property
into evidence. The size of the property room is 389 square feet.
COMPARISONS:
Eagan Police Department:
The property section is 40ft x 26ft or 1040 square feet. Eagan uses a bar coding system
to keep track of all the incoming and outgoing property. There is a separate property
processing room that is 19ft x 14ft or 266 square feet. This processing room is used for
the temporary storage of newly introduced items and a refrigerator. The vault is a
separate room used to store narcotics and weapons. There is a secured garage stall used
to hold large items. There are lockers built into the wall of this garage area so items can
be introduced into evidence. The total size of the property room is 1306 square feet
without adding the unknown size of the vault room.
Bloomington Police Department:
The property room is 47ft x 35ft or 1645 square feet. The processing room is 30ft x 19ft
or 570 square feet. The vault room for narcotics and weapons is 30ft x 19ft or 570 square
feet. The total size is 2785 square feet.
Saint Louis Park Police Department:
The main property room is 30ft x 33ft or 990 square feet. There is a 1Oft x 15 ft evidence
processing and evidence admittance room with 20 built in evidence lockers. The vault
for narcotics and weapons is 1Oft x1Oft or 100 square feet. There is a separate
workstation / office with a computer and a phone. There is a set of double steel doors
leading to a large fenced area in the garage that holds large inventoried items. Total size
of this room is 1090 square feet.
Maple Grove Police Department:
The main property storage room is approximately 60ft x 30ft. This area has the Space
Saver Storage System, which create five separate aisles. The evidence receiving room
and property custodian office is 500 square feet. There is also a separate vault for
narcotics and weapons that measures 1Oft x 15ft. They will be receiving a refrigerated
property intake system shortly. Total square footage is 650.
Blaine Police Department:
The main property room is 28ft x 34ft. in size with the Space Saver Storage System.
There is also an 8ft x 19ft area for preparation and to store large property items. This area
was designed for people to back up their vehicles to unload this property. There is also an
8ft x 8ft vault to store narcotics and weapons. The total size is 1168 square feet.
Coon Rapids Police Department:
The main property storage area is 21 ft x 28ft. There is a small office area within this
section that is 8ft x 7ft. The evidence intake / preparation area is 13ft x 8ft. There is an
additional room for storing large pieces of evidence in an area, which is 22ft x 25ft. The
Coon Rapids staff made the comment that the property room is too small. The total size
is 1298 square feet.
Brooklyn Center Police Department: The main property room is 36ft x 24ft with bullet
resistant windows positioned high on the wall to let in natural light. The shelving is
stationary. There is a set of double doors that exit outside. They use a bar coding system
to categorize the property. Total size is 864 square feet.
RECOMMENDATIONS:
The committee believes that the main storage room area should be 50ft x 40ft to include
an office area and a preparation area with cabinets. The vault room for narcotics and
weapons should be l Oft x 15 ft. The property section should have the Space Saver
Storage System to maximize the usage of space. The total area requested is 2150
square feet.
If a new area were created for evidence and property the current space would be vacated
for optional use. The Fire Department currently stores arson evidence at Fire Station #2
in a 10'x 12' caged area. This evidence could be stored in the new property room saving
space for the Fire Department. This would also give the arson evidence a more secure
legal chain of custody for the investigation.
Patrol Equipment Room/Armory Storage
CURRENT:
PATROL EQUIPMENT ROOM
The current room, located off of the roll call room, is of adequate size for the current
needs of the department. There are 5 separate cabinets with electrical outlets in them for
the charging of flashlights, radios and batteries. Although the size of the room is
adequate, there are not enough outlet spaces for every officer to charge their radio and/or
flashlight. Another flaw in the design of this room is its current location. Problems arise
from trying to conduct efficient roll calls with officers filing in and out of the roll call
room to gain access to the equipment room to store flashlights, radios and other
equipment that officers may use. An equipment room area separate from the roll call
room is greatly needed.
In looking at other departments in the area, it appeared that officer's lockers had
electrical outlets in each locker, usually a 4 -outlet receptacle for charging of their
equipment and batteries. If current or future lockers were equipped with electrical
outlets, then the current size of the equipment room would be fine.
V,"ll
The current armory size is capable of functioning for use now and in the future. There is
plenty of room to store the weapons used and an area to clean these weapons if need be.
In talking to the Range Master, Officer Dave Groth, if the department were ever to switch
to AR -15's to replace the current MP -5's, a larger armory, perhaps twice the size would
be adequate. Taking up the space from the current equipment room could use this size
since a door separates these 2 rooms. Of course, this would only work if there was a
separate equipment room and/or lockers were equipped with electrical outlets.
RECOMMENDATIONS
One recommendation would be to keep the current size of the rooms if current or future
lockers had electrical outlets in them. The number one complaint with the room is its
location and the ability to conduct efficient roll calls. It would be the recommendation of
the committee to have this area and room away from the roll call area. A second
recommendation would be to incorporate this storage area into the proposed garage with
electrical outlets and a larger designed size to add the storage of patrol on -duty supply
bags and defensive tactics equipment. If this room was moved or constructed into a
garage facility the vacant space could be used for locker room expansion or other
optional use.
Investigative Offices / Major Case Room
In assessing current and future needs for investigations, the current area has no room for
expansion of equipment or personnel. The cubicle concept is not efficient or effective for
investigations due to the privacy that is needed for dictation, interviews, and/or recording
phone calls.
CURRENT:
The investigative section is comprised of one room where there are six cubicle
workstations. There is a supervisor office, a clerical office, an equipment room, two
interview rooms and a conference room.
The investigators are in one room that is 26'x20' or 520 square feet. Each workspace is a
cubicle 6'x9'. There is no room for extra chairs. Dictation must be done in another room
due to no privacy. It is difficult to tape record phone calls due to the background noise of
other investigators.
The supervisor's office is 10'x 11'. There is one filing cabinet, which is inadequate. There
are two chairs, but no room for seating during reviews or private conferences. This office
is too small.
The clerical office is 10'x12' with two doors at opposite ends of the room. There is no
room for files.
The interview rooms are Tx 11'. These are adequate for their purpose, however one is
being used to office the reserves.
The conference room is 12'x20'. It is also used as an A/V room. The conference room
would be large enough for just investigators to meet, however often times investigators,
school resource officers, two sergeants and a lieutenant are part of weekly meetings. This
room would not be big enough. The size would be large enough for a major case room,
however could not be secured because of the access needed to the AV equipment. The
library is used for these meetings.
The equipment room is 12'xT. Currently all cabinets are full. There is no cabinet space
big enough for some equipment causing it to be put on the floor. The width of the floor is
4 feet. With this equipment on the floor there is no walk space. Plugs are placed poorly
and currently zip strips are used.
All copying is done on the first floor clerical area. A smaller copy machine is sometimes
used in the copy room of fire administration. Total square feet is 1141.
COMPARISONS:
Eagan Police Department:
Each investigator has a separate office 10'x 12'
3 interview rooms with 1 soft interview room. All had cameras and audio for
recording.
Separate room for AV equipment and to monitor interview rooms
The major case room is one large room that can be separated into two rooms.
Sgts. Office 10'x13'
Bloomington Police Department:
Individual offices for investigators. 9'x10'
3 interview rooms all with audio and visual recording.
Separate computer forensic room with storage for equipment.
31'x50' major case/EOC/conference room that can be made into two rooms
Outlets and phone jacks in floor
Pull out workstations in wall
Saint Louis Park Police Department:
Individual offices for investigators. 9'x13'
Two investigative Sgts. each with their own office
No major case room
Maple Grove Police Department:
Individual offices for investigators 10'x 13'
Three interview rooms with audio/video
AV room for monitoring interviews. This room also used for equipment.
20'x20' office for two investigative Sgts.
Blaine Police Department:
Individual offices for investigators and Sgt. (10'x12')
Offices were spread out, not in same general location
AN room to monitor interviews and store some equipment 1 Ox 14
Conference room used for major cases.
Sgts. office is 12'x13'
3 interview rooms all with audio/video. 10'x11'
Coon Rapids Police Department:
Individual investigative offices
Three interview rooms with audio/visual
Individual investigative Sgts. office
Conference room used for major case room
Brooklyn Center Police Department:
Individual offices for investigators 10'x11'
Sgt. Office same size as investigators
3 interview rooms all with audio/visual
Investigative conference/major case room 12'x15'
RECOMMENDATION:
The recommendations for the investigative division requires more space and strategic
placing. Clearly having individual investigator offices would benefit the division's
efficiency and effectiveness. The committee recommends 10'x13' size offices for
investigators and their Sgt.
Major case/conference room should be 20'x20' with large grease board with
TVNCR/DVD capabilities.
The equipment room should be 16'x20'. This could be used as an AN room as well.
Interview rooms should be 10'x11' and all equipped with audio/video capabilities.
For future expansion as the population grows and the demand for services increases 10-
20 year projections would require at least one additional investigator. The staff increase
would require additional office space.
The configuration of the investigative section is crucial to its efficiency. This comparison
is looking at overall needed space, not how to configure this space.
The estimated space needed for future needs would require approximately 2480 square
feet.
If a new investigative offices and space were constructed the existing investigator office
and clerical space would be open for other optional uses.
PRIORITY TWO NEEDS
Locker Rooms
The building committee has discovered that we have a strong need for additional locker space for
officers and support staff.
CURRENT:
The current Plymouth PD men's locker room contains 66 full-sized lockers. There are 3 lockers
that are currently not being used by officers. Three lockers are designated for reserve officer
equipment, three lockers for explorer equipment, three lockers for ERU equipment and 13 half -
lockers are used by Police Reserves.
The women's locker room contains 17 full-sized lockers. There are no lockers available at this
time. Two of the lockers are designated for reserve officers and one locker is used for explorers.
There are 4 half -lockers that are designated for clerical.
One concern expressed by a female officer was that as the locker room door to the hallway is
opened, anyone walking past can see female officers standing in front of the sinks/mirror. There
was also a concern about the janitors closet being inside the women's locker room.
Currently there are a total of 83 lockers.
COMPARISONS:
Brooklyn Center Police Department:
The men's locker room has 67 lockers and women's has 33 lockers. They have a small area
where officers can hang their ballistic vests to dry, however, it doesn't look very good because
the vests are out in the open. They also have an area where officers can polish their shoes and
they have an electric shoeshine machine. They have 2 showers in the men's locker room.
Eagan Police Department:
The men's locker room has 62 lockers and women's has 17 lockers. They have no room for
expansion. Their locker room is full.
Maple Grove Police Department:
60'X40' men's locker room. Room contains 70 very large lockers and 3 shower stalls. Windows
near the ceiling which allow natural light. The room also has a phone and a wall clock. The
women's locker room is 30'X40' and has 36 lockers. Both rooms have moveable stools as
opposed to stationary benches. The wall separating the men and women's locker rooms is
moveable, which would allow for adjustment in future years.
Coon Rapids Police Department:
The men's locker room contains 82 lockers similar in size to ours. The women's locker room has
21 lockers. Both rooms contain a telephone.
Blaine Police Department:
The men's locker room has 56 large lockers and 20 small ones. The women's locker room has
12 large lockers.
Bloomington Police Department:
Men's locker room has 144 lockers and women's has 35. There are two styles of lockers. They
have tall doublewide lockers or short wide lockers with boot storage under a bench. The lockers
all contain electrical outlets. The women's locker room is 670 square feet with an additional 290
square feet for toilets and showers for a total size of 960 square feet. The men's locker room is
2180 square feet with an additional 450 square feet for toilets and showers for a total size of
2630 square feet.
St. Louis Park Police Department:
The men's locker room contains 75 lockers and measures 35"x20', also included are three shower
stalls, two urinals and two toilets. The women's locker room contains 26 lockers and a shower.
Lockers have electrical outlets. SWAT members get an additional '/z locker for storage. There
were phones in both men's and women's locker rooms.
RECOMMENDATIONS:
In evaluating current needs, the obvious one is space. With population and staffing projections,
there will need to be an increase in available lockers in both men's and women's locker rooms. It
would be a great benefit to include additional lockers for each ERU member to store individual
equipment.
When other factors are considered, space within the lockers is lacking, as is functionality.
Currently, officers are storing equipment such as flashlights and radios in the equipment room
off roll call. Electrical outlets would allow officers to keep their equipment in their locker,
which would alleviate the space shortage in the equipment room. It would also allow officers to
secure their equipment.
One method of improving communication within the building would also be to include phones
inside the locker room. A "red phone" and a phone with an outside line would be very helpful,
especially due to the fact that the building is not staffed 24 hours and reaching someone within
the building without having to get on the radio is difficult.
A couple of other minor improvements include eliminating the benches and replacing them with
stools. Stools can be moved and take up less space. There is a stool design that makes it easier
for a person to polish shoes while sitting on the stool. A small area to polish shoes could also be
created where clean up from polish could be made easier by laying paper down on the surface or
using a surface conducive to cleaning polish. Currently, officers polish shoes on the only surface
available - the benches. Inevitably, the benches are smeared with polish, which can get on other
clothing. Hair/hand dryers were also seen in a couple of the locker rooms that were visited. This
could eliminate some of the paper waste from hand washing as well as double as a hair dryer if
the showers were utilized. A second toilet in the locker room would also be helpful.
We are have found a need for 28 lockers for the women's area and 96 lockers for the men's area.
The total amount of lockers needed would be 124. This would be an increase of 41 lockers.
The addition of electrical outlets for officers to charge their radios is one option the other would
be to incorporate electrical outlets into a patrol equipment room designed into a garage facility,
which would give more space into the lockers for equipment.
Supervisor Offices
The building committee has determined a need for a larger workspace area for the Patrol
Sergeants, a separate on duty Sergeant's office and an improved office for the Sergeant of
Community and Schools.
CURRENT:
Seven Patrol Sergeants currently work out of a 21' x 16' irregular shaped office with four
shared desks. Four file cabinets and two computer stations are shared among the seven
Sergeants. Due to the shared nature of the room, there is no privacy for individual
conversations vital to effective management. There are also no other rooms in the patrol
area that afford needed privacy such as small conference rooms.
The Community/School Sergeant currently utilizes an 8' x 16' room that was originally
designed as an emergency management storage area. Due to a door leading to the
training room, sound often interferes with use of this office space.
The Community Service Officer Supervisor area consists of a l Oft x l OR cubicle space
with five-foot high walls. This area is positioned in the clerical section reducing the
amount of space they have. This cubicle is not conducive to private conversations with
subordinates.
COMPARISONS:
Eagan Police Department:
Two Patrol Sergeants are assigned to each of four offices 10' x 13' in size. Offices are
assigned so the two Sergeants are not on duty at the same time. No on -duty Sergeant
office. Total of 520 sq. ft.
Bloomington Police Department:
Two Patrol Sergeants are assigned to each of four 10' x 16' offices. A separate office is
provided for an Administrative Sergeant. No on -duty Sergeant office. Total of 800 sq.
ft.
Saint Louis Park Police Department:
A single 50' x 50' room provides space for six individual cubicles for Patrol Sergeants.
An administrative Sergeant has an individual office as does the on -duty Sergeant. Total
of approximately 2800 sq. ft.
Maple Grove Police Department:
Two sergeants are assigned to each of four 20' x 20' offices. There is an on -duty
Sergeant office and an Administrative Sergeant office each 15' x 15'. Total of 2050 sq.
ft.
Blaine Police Department:
Two Patrol Sergeants share offices that have room for expansion to three Sergeants per
office. Size of each room was not specified.
Brooklyn Center Police Department:
Each Sergeant has an individual office and an on -duty Sergeant office is provided on the
first floor. Sizes of each office were not determined.
RECOMMENDATION:
The committee has determined a need for a workspace area large enough to
accommodate eight workstations for the Patrol Sergeants. These workstations can consist
of separate cubicles. There is a definite need for an on -duty Sergeant office so the
supervisors can meet with subordinates in privacy during a shift.
Individual offices of the approximate size of 15' x 15' should be provided for the
administrative sergeant and the Community/School Sergeant.
There should be an individual office for the Community Service Officer Supervisor 15ft
x 15ft in size.
If a new supervisor workspace area were created the current Sergeant's office would be
vacated and could be converted into other needed space mentioned throughout this report.
The cubicle area occupied by the Community Service Supervisor would now be open for
the clerical section to expand. The Community and Schools Supervisors office on the
second floor would be vacant and could be used again as an Emergency Operations
Center office for which it was originally designed.
DARE & Crime Prevention/Fire Education
Storage
The building committee has found the need to expand the size of the current DARE /
Crime Prevention storage room.
CURRENT:
The D.A.R.E. storage room would be adequate if it were not being shared with Crime
Prevention/Education. This room is 18'X8'. Crime Prevention/Education would need a
room about twice that size. Due to the large items stored by Crime Prevention/ Fire
Education (i.e. baby seats, t -shirts, literature, mass mailings, bike helmets and educational
props) it would be necessary for this storage room to be near the Crime Prevention and
Education office. There are crime prevention items that are stored in other locations and
off site due to the fact there is inadequate space in this existing room.
RECOMMENDATION:
The committee believes that D.A.R.E. and Crime Prevention could share one storage
room if the size was approximately 36"x26' or 936 square feet.
School & Community Services
The building committee has determined that the school and community services need
more room.
CURRENT:
The current size for the school and community services area is 31ft x 13 ft. There are four
cubicles in the room. Each cubicle accommodates one to five officers. There are three
Dare Officers in one cubicle and five School Resource Officers and in another cubicle.
The School Resource Officers share the cubicle with Auto Theft Prevention. The reserve
unit is in one of the investigator interview rooms. The size of this room is 7ft x 11 ft.
RECOMMENDATION:
The building committee is recommending that there should be an individual office for
Crime Free Multi -Housing/ Crime Prevention Officer. The room should be
approximately 1Oft x 13 ft to provide adequate space and privacy.
The committee has determined a need for a larger Reserve Officer / Explorer office. A
space about 10'x 13' would be adequate. The existing room is adequate for now but in
the future it would benefit to have a larger room.
PRIORITY THREE NEEDS
Fitness / Defensive Tactics Room
This building committee has determined a need for a fitness / defensive tactics room to
allow employees a place to exercise, store defensive tactics equipment and perform in-
service defensive tactics training to new and existing officers.
CURRENT:
Currently the City of Plymouth does not have this type of room. The city does have a
small exercise room on the second floor of Fire Station #3, but this area is extremely
small and contains obsolete exercise equipment. Due to these conditions, city employees
rarely use this exercise room. As of April 151, 2003 the City of Plymouth no longer has an
incentive program in place, which allows employees the opportunity to supplement the
growing costs of a fitness club membership.
Currently defensive tactics training for new recruits is performed in the training room
located on the first floor of Fire Station #3. Once all of the tables are moved out of the
room, this room is big enough to perform the necessary techniques, but is not equipped
with the necessary features, such as mats secured to the floor, to perform the numerous
take downs and ground fighting techniques that are taught. The defensive tactics
equipment is currently stored in a variety of locations within the Police Department and
Fire Station #3 due to the lack of storage space. Every year the officers spend a day in St.
Paul at the Law Enforcement Training Center to perform in -progress scenario training
and defensive tactics because our building does not have the amount of room necessary to
incorporate this training.
COMPARISONS:
Eagan Police Department:
Eagan PD has a 40' x 30' exercise / DT room for a total of 1200 square feet. This room
includes a free weight system, universal weight machines, cardio machines, wall mounted
TV & VCR and mats on the floor for DT training. Officers are allowed to work out on -
duty three times per week for one and a half hours per work out. Officers are also allowed
to cash in unused sick time for cash to pay for a membership at a fitness center. This is a
police only facility.
Bloomington Police Department:
Bloomington PD has a 40' x 30' exercise only room for a total of 1200 square feet.
Although this room was not furnished at the time of our tour, it is believed this room will
contain state of the art work out equipment that can be accessed by any city employee.
Maple Grove Police Department:
Maple Grove PD does not have an exercise room.
Saint Louis Park Police Department:
Saint Louis Park PD does not have an exercise room, but the city pays a portion of
employee's membership fees.
Blaine Police Department:
Blaine PD has a 43' x 38' defensive tactics room for a total of 1634 square feet. This is
a multi-purpose room in which the tables fit into a closet and contains storage for mats
and other defensive tactics equipment.
Coon Rapids Police Department:
Coon Rapids PD has a large exercise room that is fully furnished with exercise
equipment. No dimensions were available for the size of this room.
Brooklyn Center Police Department:
Brooklyn Center PD has a 70' x 50' exercise / DT room for a total of 3500 square feet.
This room contains a free weight system along with other exercise equipment. This room
is also used for defensive tactics training and storage of DT equipment and EOC
equipment.
RECOMMENDATION:
The building committee finds a need for a fitness / defensive tactics room. We believe
this is vital for the mental and physical health of both Police and Fire officers. This type
of setting would also allow for a more effective and efficient way to store the large
amount of defensive tactics equipment the city owns. This type of setting would also
allow officers to more effectively train new recruits and perform on -duty defensive
tactics training that is used on a daily basis by officers.
If a fitness / defensive tactics room were incorporated into the design of the expansion the
second floor area of Fire Station #3 where the fitness equipment now exists would be
open for other options. This may also eliminate the need to travel to St. Paul on a yearly
basis to use their facility for defensive tactics / in progress scenario training. This type of
space could also be utilized to store the bulky defensive tactics equipment which is now
stored in a variety of locations within the Police Department and Fire Station #3.
Report Writing / Evidence Processing Room
The building committee has determined a need for a larger report writing and evidence
processing room.
CURRENT:
The current size of this office space is 18ft x 6ft for a total of 108 square feet. There is a
work counter 18 feet in length, which will accommodate two officers and small space to
process evidence. This counter holds two computer monitors, one for normal use and the
other is set up for a connection to the state for law enforcement criminal files and records
checks. There are 5 double door cabinets above the counter that store needed police
report blanks. The excess blank reports that will not fit into the cubbyholes are stored in
different set of cabinets down the hall. There is limited room to move about in this area
when occupied by other officers because it is 6 feet wide, plus the counter overhangs a
portion of this space along with office chairs that would be in use. The report writing
room is a distance from the copy and fax machine. This room is also separated from the
secured evidence intake lockers, which are in a different hallway.
COMPARISONS:
Eagan Police Department:
The work area for the officers is the same or similar to the Plymouth area but the Eagan
room has 4 separate offices attached to this room, which are approximately lOftx1Oft.
These rooms are private areas in which the patrol officers can work on reports and make
follow up phone calls without disturbing others that are using the main room. Total size
is 508 square feet.
Bloomington Police Department:
The room size is 30ft x 15ft and houses 5 cubicle workstations three of which have
computers and phones at this time. There is a long work desk with cabinets to store blank
reports. Total size is 450 square feet.
Saint Louis Park Police Department:
The room is 14ft x 18ft in size. Tabletop shelves line 3 of the walls for workspace.
There are two computers available and blank reports are kept in open storage bins, which
are individually labeled. Total size is 252 square feet.
Maple Grove Police Department:
The room is 600 square feet with 3 work cubicles, each supplied with a phone and
computer. The blank reports are stored in open bins, which are mounted on the wall.
Blaine Police Department:
The size of the room is 65ft x 25ft. There are ten separate work areas that will be
equipped with computers and phones. There is also another large counter top area high
enough to write on or prepare papers while standing. On one side of this counter top
there are mail bins for the officers, on the other side there are bins for blank paperwork
forms. This work area also includes a copy machine. Total size is 1625 square feet.
Coon Rapids Police Department:
The size of the room is 20ft x 30ft. The work area has large cubicles with computers and
phones. There is a Sergeant's office attached to the report writing room. Total area is
600 square feet.
Brooklyn Center Police Department:
The report writing work area is not confined to a particular room but it is incorporated
into an atrium area around other separate offices. There are 8 separate workstations for
officers. Two officers share each workstation. The work area is on the second floor.
RECOMMENDATION:
The building committee has determined a need for a larger report writing / evidence
processing area. The area that would accommodate our department until the year 2020
and would need to be 50ftx40ft in size. Four cubicle workstations would also be a great
asset for privacy in this area. A system of open cubicle boxes for blank report forms
would be necessary. A larger workstation to process evidence is also needed in this area.
It would be a great advantage to have the intake lockers for processed evidence attached
to this room so officers would not have to waste time bringing the evidence to another
part of the building. Total size requested is 2000 square feet.
If a new report writing / evidence area was constructed the existing area could be
incorporated into additional women's locker room space.
Emergency Operations Center / Training Room
The building committee has determined a need to increase the size and to change the
configuration of the emergency operation center or EOC.
CURRENT:
The police training room located on the second floor doubles as an emergency operations
center work area in large emergencies or disasters. The size of this room is 39ft x 23ft or
897 square feet and is rated for a 60 -person capacity. This room is primarily used as
space to train officers of our department or to host trainings open to outside agencies with
instruction provided by a private organization in which we receive free open slots to
attend the class for our personnel in exchange for providing the space. There have been
department trainings in which officers had to stand or use chairs in the back of the room
without having table space to write or work on. The training room is also used frequently
by the public for meetings. The Plymouth City Council also uses this room for special
planning sessions. This room has ten outlets to install a phone and computer during an
activation of the EOC for an emergency. There is a separate 17ft x 12ft room that serves
as an administrative operations center for the EOC. This room houses the radio
communication equipment, area wall maps, and a white board to record the event
chronologically. This room is not directly attached to the main EOC/ Training Room.
The small office that adjoins or allows entry between the two rooms is currently used, as
an office for Community and Schools Sgt. The total size is 1101 square feet.
COMPARISONS:
Eagan Police Department:
The room is designed for the multi-purpose use of training, roll call and an EOC. The
size of the room is 26 x 30 or 780 square feet. There are white boards and corkboards
secured to the walls. There are 12 electrical outlets along the wall and 8 outlets in the
floor for computer and phone access.
Bloomington Police Department:
This room is a multifunction area utilized for training, major casework and an EOC. The
outlets and jacks for phones and computers are located in the floor. There are pull out
workstations in the walls. This room has shared access with the city hall. The size of this
room is 31ft x 50ft for a total size of 1550 square feet.
Saint Louis Park Police Department:
The EOC consists of three rooms that are separated by a wall divider, which can be easily
opened to one large area for the activation of the EOC. The roll call room 26ft x 20ft, the
training room 26ft x 20ft and the lunchroom 20ft x 16ft would become the active EOC
with a total size of 1360 square ft. This open area has 15 phone / computer connections.
Maple Grove Police Department:
The EOC is used as a multi-purpose room and is located in the basement level in an area
open to the public. The EOC is located directly between the police and city hall
underground garages. There are 16 phone/computer jacks in the floor. The front of the
room has a very large media screen built into the wall. There is a kitchen and bathrooms
directly across the hall from this room making it very versatile for trainings and
emergencies. There are two large storage rooms just off of the main EOC. The size of
the room is approximately 2300 square feet.
Blaine Police Department:
This is a multi-purpose room used for training and an active EOC. All the tables in the
room fit into a closet area so the space can be utilized for defensive tactics training. Gym
mats are laid down for this physical training. All the supplies for an active EOC are kept
in the room. Each table is cord accessible for laptop computers and phones. The room is
secured by card access. The size of the room is 43ft x 38ft for a total area of 1634
square feet.
Coon Rapids Police Department:
The room is multi-purpose and is used for roll call meetings and as an EOC. There are 18
outlets 8 of which are set for EOC use. These EOC outlets have connections for phone,
computer and 110 power. The total size of this room is 446 square feet.
Brooklyn Center Police Department:
The EOC area is a room rated for a capacity of 75 persons and is normally divided in
half. The one half is used for training and the other houses the EOC function and
equipment. The room can be opened during an EOC activation. No specific dimensions
were supplied.
RECOMMENDATIONS:
The committee believes that the main EOC / Training Room should be 1800 square feet
with an attached 400 square foot EOC operations office to house communications, wall
maps, multiple white boards, and a conference table. The main room should have 16
outlets positioned in the floor for computers and phones. The EOC operations office
needs to have 4 outlets for phones and computers. The committee agrees that the main
room should be made accessible to the city hall staff and the public for reserved meetings
and functions with the capability to secure the area for an activation of the EOC. This
room can also serve the function of a defensive tactics training room if a separate fitness -
defensive tactics room was not constructed.
If this area were created, the current EOC/ Training room and EOC operations room
would be vacant for optional use.
PRIORITY FOUR NEEDS
Roll Call Room
This building committee desires a room for the sole purpose of roll call. The purpose of a roll
call room is a gathering place for officers, at the beginning of their shift, to obtain information
regarding past, current and future events occurring in the City. The room is also used for on -
duty training.
CURRENT:
The current size of our roll call room is 29'X18'. Total size of 522 square feet. The size of the
room is adequate for the five to ten officers that use it during their shift. Adjacent to our roll call
room is the ERU room and the arsenal/equipment room. We feel the current layout and location
of the room within our building, is detrimental to the dissemination of information. In order for
officers going off-duty to access the ERU room and the equipment/arsenal room, it is necessary
for them to walk through the roll call room, disturbing the roll call and/or the training that is
taking place.
COMPARISONS:
Eagan Police Department:
Eagan PD does not do roll calls at the start of their shifts. They disseminate information to
officers via their in squad, laptop computers. Eagan PD does however use a room as a joint
EOC/on-duty training room. This room is approximately 30'X30'. Total size of 900 square
feet.
Bloomington Police Department:
Bloomington PD has a 36'X19' room, with a divider, that they use strictly for roll call and on -
duty training. The room is centrally located within the PD, out of public view. Total size of 684
square feet.
Maple Grove Police Department:
Maple Grove PD has a 20'X40' room used for roll call. The room has storage closets in the
entire length of one wall. The room is located on the second floor out of public view. Total size
of 800 square feet.
Saint Louis Park Police Department:
St. Louis Park PD has a 26x20' room used for roll call. Total size of 520 square feet. This
room is connected by a moveable wall to a 26'X20' training room, which is again connected by a
moveable wall to a 20'X16' lunch room. When all the walls are removed the room can hold 100
people for training or meetings.
Blaine Police Department:
Blaine PD has a room specifically for roll calls, however no dimensions were obtained. The
room has ample storage.
Coon Rapids Police Department:
Coon Rapids PD has a room specifically for roll call, however no dimensions were obtained.
Brooklyn Center Police Department: Brooklyn Center PD has a room specifically for roll call.
The room has a 75 -person capacity and can be split by a moveable wall. No dimensions were
obtained.
RECOMMENDATION:
The building committee recommends that a room, comparable in size to our current roll call
room be constructed or remodeled for the sole purpose of roll call and on -duty training. The
addition of a new roll call room could make it possible to expand existing locker room space
from the vacancy created by the old room. It would serve as a benefit not to have the ERU
equipment room and patrol equipment room incorporated into the roll call room because this
would reduce the amount of interruptions during meetings.
Conclusion
This study focused on the need for a heated enclosed garage and additional storage with
the opportunity to assess future space needs of the department. The existing building was
found to be lacking in size and functional design. An architectural firm would need to be
consulted to assist our committee in any future design or new location. Possibilities may
include a remodel / expansion of the current facility, construction of a new facility or
purchasing an existing building to convert to police department use. At this present time
there is a building for sale at 2915 Niagara Lane. The location of this building is directly
between city hall and the public works shops. The facility is 89,026 square feet in size
and is listed for sale at $3,850,000.000. There is expansion land available. The
acquisition of this building would solve our space needs issues but more study into this
property would need to take place after consideration of this entire study by the city
council and city administrative staff.
The building committee is appreciative of this opportunity to be involved with the study
to improve our current facility. We would be excited to continue as a committee to assist
in any approved changes to our building. We would like to thank the Mayor, the City
Council, the City Manager, the Assistant City Manager and the Chief of Police for giving
our study consideration.
CITY OF PLYMOUTH
RESOLUTION 2003 -
AUTHORIZING REQUEST FOR PROPOSALS FOR
ARCHITECTURAL SERVICES
WHEREAS, the City Council has established public safety initiatives as a top goal for 2003; and
WHEREAS, the City Council received the space needs assessment for the public safety building
on May 13 and directed staff to proceed with selection of an architect for the project.
NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes the attached Request
for Proposals.
Adopted by the City Council on July 8, 2003.
Agenda Number: 6. O
DATE: June 27, 2003 for the City Council Meeting of July 8, 2003
TO:Dwight D. Johnson, City Manager through
Daniel L. Faulkner, P.E. Director of Public Works
FROM: Ronald S. Quanbeck, P.E. City Engineer
SUBJECT: RECEIVE PETITION FOR STREET IMPROVEMENTS AND
ORDER PRELIMINARY ENGINEERING REPORT
BURL OAKS NEIGHBORHOOD
ACTION REQUESTED: Make a motion to adopt the attached resolution receiving the petition,
declaring its adequacy and ordering a preliminary engineering report.
BACKGROUND: Attached is a petition received from 54 property owners in the Burl Oaks
neighborhood, (5th Avenue, 6th Avenue, Kimberly Lane, Jewel Lane, and Holly Lane) east of County
Road 101. The petition for street reconstruction was requested by Johanna Frerichs, the resident at
17115 5th Avenue, on May 16, 2003. A petition containing signatures from 35% of the adjacent
property owners is typically required before a petition for street reconstruction is submitted to Council.
There are 72 properties in Burl Oaks requiring a minimum of 26 signatures from different property
owners. Seventy-five percent of the residents signed the petition and their locations are shown on the
attached map.
The Burl Oaks neighborhood is not in the City's current 5 year plan for street reconstruction. The
preliminary engineering report will include information on the potential financial impact of this project
on the Infrastructure Replacement Fund and other projects. Due to the current work load of the
Engineering Design Division, the anticipated completion of the preliminary engineer report wouldn't be
until sometime this fall. After completion of the preliminary engineering report the City Council will
have an opportunity to decide whether the project should proceed and when it should be done. If it does
proceed the next step would be to hold a public hearing with notice to all affected property owners.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt the
attached resolution receiving the petition, declaring its adequacy and ordering a preliminary engineering
report.
400
Ronald S. Quanbeck, P.E.
attachments: Petition
Map
Resolution
O:\Engineering\GENERAL\MISC\Ross\Petitions\JoFrerichsMemo. doc
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and
following public improvements:
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Street reconstruction of the Burl Oaks neighborhood.-
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We understand that these improvements will be subject to assessments pursuant to the City's Special
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood.
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
Printed Name Signed Name
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Address Date
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
Printed Name Signed Name Address
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood.
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
Printed Name
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Signed Name Address Date
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood.
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
Printed Name
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Signed Name Address Date
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CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood.
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
Printed Name Signed Name
RIAIM1,
Address Date
CITY OF PLYMOUTH
PETITION
We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of the
following public improvements:
Street reconstruction of the Burl Oaks neighborhood.
We understand that these improvements will be subject to assessments pursuant to the City's Special
Assessment Policy (see attached).
Printed Name Wined Name Address Date
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CITY OF PLYMOUTH
STREET RECONSTRUCTION
ASSESSMENT POLICY
Street Reconstruction. The City Council has adopted a long-range plan providing for the
periodic reconstruction, including resurfacing, of all paved city streets. The City Council
adopted policies which are designed to ensure the orderly and fiscally responsible
implementation of this plan on a community -wide basis.
The following is the general Street Reconstruction Policy for special assessments to
benefiting property.
a. It is the policy of the City to special assess abutting benefiting property for street
reconstruction costs, but not in excess of the special benefit to the property. This
policy applies to all streets that are the responsibility of the City.
b. The assessment rate for the reconstruction of previously paved streets shall be
determined annually by the City Council.
The assessment rate is based on the following:
1) It is the goal of this policy that benefited properties be assessed 30% of the
cost of the Pavement Management Program. The percentage of the project
assessed in any individual year will vary depending upon construction
requirements and the construction market.
2) Assessments shall not exceed any of the following:
a) the special benefit to the property being assessed;
b) the total assessments in a maintenance district may not exceed the
project cost in the maintenance district;
c) the total assessment for a project may not exceed the project cost.
Project cost includes both direct construction costs and all indirect costs such
as engineering and administration.
3) Assessments shall normally be levied for a period not to exceed five (5) years.
Longer assessment periods will be considered when other assessable public
improvements are being constructed at the same time.
O:\Engineering\GENERAL\MISC\Ross\Petitions\assesspolicy. doe
4) Assessments for single family parcels shall be made on a per parcel (unit)
basis. The unit assessment rate for 1994 is $916. The rate shall be adjusted
annually based on the percent change in the "Construction Cost Index" as
published in the American City and County magazine, with the base index
being 138.2 Janua 1994).
5) Multi -family housing parcels shall be converted into an equivalent number of
parcel units by dividing the area of the multi -family parcel by 18,500 (the
City's established minimum lot size). The number of equivalent units are then
multiplied by the single family assessment rate to determine the assessment for
the property.
6) The area of commercial/industrial parcels shall be divided by 18,500 to
establish the number of equivalent units for the property. The 1994 assessment
rate for each unit is $692, based upon the industrial portions of the 1992,
1993, and 1994 Street Reconstruction Projects. This rate shall be adjusted
annually by the percentage change of the construction cost index. Institutional
properties such as schools, churches, and public property are assessed as
commercial/industrial .
C. For the purposes of street reconstruction, the project costs will include the cost of
replacing or repairing concrete curb and gutter. In those cases where bituminous
curbing is replaced with concrete curb and gutter, an additional special benefit will be
assessed. The cost to be assessed shall be the cost of installing the concrete curb and
gutter and assessed on a front foot basis. The addition of a wider street or a storm
sewer system may also be considered an additional special benefit and may be
assessed.
Senior Citizens and Disabled People Special Assessments Deferrals:
If you are at least 62 years of age or are disabled, you may quality to have special
assessments deferred if they create a hardship for you.
O:\Engineering\GENERAL\MISC\Ross\Petitions\usesspol icy. doc
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
RECEIVE PETITION FOR STREET IMPROVEMENTS AND
ORDER PRELIMINARY ENGINEERING REPORT FOR
BURL OAKS NEIGHBORHOOD
WHEREAS, the City Council has received a petition from property owners adjacent to
5th Avenue, 6th Avenue, Kimberly Lane, Jewel Lane, and Holly Lane (east of County
Road 10 1) requesting an urban street improvement; and
WHEREAS, 75% of the adjacent properties signed the petition; and
WHEREAS, it is necessary to undertake a Preliminary Engineering Report to determine
the work required and the associated costs;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
1. A certain petition for reconstruction of the Burl Oaks neighborhood including 5th
Avenue, 6th Avenue, Kimberly Lane, Jewel Lane, and Holly Lane east of County
Road 101, filed with the Council on July 8, 2003, is hereby declared to be signed
by the required percentage of owners of property affected thereby. This
declaration is made in conformance to Minnesota Statutes, Section 429.035.
2. The petition is hereby referred to the Design Division of the Engineering
Department that is instructed to report to the Council with all convenient speed
advising the Council in a preliminary way as to whether the proposed
improvements are feasible and as to whether it should best be made as proposed
or in conjunction with some other improvement and the estimated cost of the
improvements as recommended.
Adopted by the City Council on July 8, 2003.
O:\Engineering\GENERAL\MISC\Ross\Petitions\JoFrerichsResolution.doc
Agenda Number: &( , O I
TO: Dwight Johnson, City Manager
FROM: Richard C. Kline, Fire Chie
SUBJECT: Federal FIRE Grant
DATE: July 1, 2003 for July 8, 2003 Council Meeting
1. ACTION REQUESTED: Formal approval and acceptance of a Federal Assistance to
Firefighters Grant (FIRE) program in the amount of $353,500 and approval to purchase
equipment through this grant.
2. BACKGROUND: In March 2002, the fire department applied for a Federal FIRE grant to
provide funding for the replacement of self-contained breathing apparatus (SCBA). In
November of 2002, the Department was advised that we had been approved to receive
353,500 in funding through the Federal FIRE grant program. This is a "matching" grant,
with 70% of this total grant amount ($247,450) derived through the Federal FIRE grant
program, with thirty percent ($106,050) the responsibility of the City of Plymouth..
3. DISCUSSION: During budget discussions with Council, the Department had requested to
begin the replacement of our self-contained breathing apparatus (SCBA). Funding had been
reserved for the eventual replacement of the SCBA in 2004. In March of 2002, the
Department applied for funding to replace the SCBA's through a Federal FIRE grant
program. The Department was notified in November of 2002 that the Department was the
recipient of the Federal FIRE grant. At that time we did not request formal council action to
authorize receipt of this grant.
We are requesting formal authorization to accept the Federal FIRE grant in the amount of
353,500. Seventy percent of this grant is Federal funding ($247,450) with the remaining
30% ($106,050) the responsibility of the City of Plymouth.
We are also requesting authorization to purchase the respiratory protection equipment
through an existing Minnesota Fire Agencies Purchasing Consortium vendor. The successful
vendor is Metro Fire (Elk River, Minnesota). Authorization to provide payment of
251,713.02 to Metro Fire is requested.
4. BUDGET IMPACT: Funds have been reserved for this purchase.
5. RECOMMENDATION: Staff recommends that Council authorize the acceptance of the
Federal FIRE grant in the amount of $353,500 and authorize payment of $251,713.02 to
Metro Fire.
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A GRANT
AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND
APPROVE PAYMENT TO METRO FIRE
WHEREAS, The Federal Emergency Management Agency (FEMA) has established an Assistance
to Firefighters Grant Program (FIRE grant) to provide funding for local fire departments through a
matching" grant program; and
WHEREAS, the City of Plymouth has applied and has been authorized to receive grant funding
through FEMA totaling $353,500 to provide for self-contained breathing apparatus and ancillary
equipment; and
WHEREAS, the funding is a matching 70/30 grant, with the City obligation (thirty percent) of
106,050; and
WHEREAS, the City agrees to the terms of the grant and authorizes FEMA to enforce the grant
contract in accordance with the applicable rules and regulations; and
WHEREAS, Metro Fire was the successful bidder through the Minnesota Fire Agencies
Purchasing Consortium in the amount of $251,713.02; and
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA: That the City enter into the grant agreement with the Federal
Emergency Management Agency for a matching Assistance to Firefighters Grant Program (FIRE
grant), and authorize the Mayor and City Manager to sign the agreement. Further, that payment to
Metro Fire for $251,713.02 is approved.
Adopted by the City Council on July 8, 2003.
City Clerk
OANUSCUederal grant SCBA resolution.doc
Agenda Number:U
DATE: June 26, 2003 for the City Council Meeting of July 8, 2003
TO: Dwight D. Johnson, City Manager through
14 Daniel L. Faulkner, P.E., Director of Public Works
FROM: Carla J. Stueve, P.E. Traffic Engineer
SUBJECT: REQUEST FOR APPROVAL OF A DONATION
FOR "PLYMOUTH PACESETTER" DECALS
ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing acceptance
of a donation of "Plymouth Pacesetter" decals for use in the Neighborhood Traffic Calming
Program.
BACKGROUND: On July 9, 2002, the City Council approved a resolution for the
implementation of the City's Neighborhood Traffic Calming Program to address the numerous
traffic concerns throughout the City. The first phase of the program is educating the public on
traffic issues. Since many times traffic offenders are residents who live in the neighborhood, these
efforts involve the neighborhood and encourage them to take action for improving safety on their
roadway.
One of the educational tools in this program is a neighborhood "Pace" car, where one or more
residents commit to driving the posted speed limit through their neighborhood as well as others.
Many times as we work with residents, they ask what they can do personally to make a difference
in their neighborhood. This tool provides an opportunity for them to take responsibility for their
own actions, and encourage others to follow. As a reminder to other drivers, they will place a
decal in the back window of their vehicle to indicate that they are a "Plymouth Pacesetter,"
meaning they are dedicated to drive the speed limits in hopes others will follow.
I spoke with a few different vendors to compare price quotes. One Plymouth based company,
Decal Minnesota, offered to donate 100 decals to the City for use in the Neighborhood Traffic
Calming Program, under the assumption that the City would not be charging residents for the
decals. As a thank you to the company for their generosity, the City offered to mention their name
on the City's website, under the Traffic Calming section.
O:\Engineering\GENERAL\TmMc\Traf cCalming\NeighborhoodTrafficCalmingProgram\PacesetterDecals. doc
SUBJECT: REQUEST FOR APPROVAL OF A DONATION
FOR "PLYMOUTH PACESETTER" DECALS
Page 2
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council approve
the attached resolution authorizing that the City accept the "Plymouth Pacesetter" decals to be
used for the Neighborhood Traffic Calming Program. Per Mn Statute 465.03, a resolution
accepting a gift by a municipality requires a 2/3 vote of the City Council.
Carla J. Stueve, P.E.
attachments: Decal Example
Resolution
O: \Engineering\GENERAL\Tra tF c\TrafficCalmin g\NeighborhoodTratF cCalmingProgram\PacesettuDecals. doc
Plymouth
r Pacesetter
Leading by Example: Respecting Traffic Laws
Plymouth—Pacesetter-6
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
ACCEPTING DONATION OF "PLYMOUTH PACESETTER" DECALS FOR
THE NEIGHBORHOOD TRAFFIC CALMING PROGRAM
WHEREAS, on July 9, 2002, the City Council approved a resolution for the
implementation of the City's Neighborhood Traffic Calming Program to address the
numerous traffic safety concerns throughout the City; and
WHEREAS, the first phase of the program is education and enforcement efforts, since many
times traffic offenders are residents who live in the neighborhood; and
WHEREAS, a high degree of neighborhood involvement and commitment is essential to
the program's success; and
WHEREAS, one of the tools of this program is a neighborhood "Pace" car, where one or
more residents commit to driving the posted speed limit through their neighborhood and
the neighborhoods of others; and
WHEREAS, as a reminder to other drivers, they will place a decal in the back window of
their vehicle to indicate that they are a "Plymouth Pacesetter," meaning they are
dedicated to drive the speed limits in hopes others will follow; and
WHEREAS, a Plymouth Company, Decal Minnesota, wishes to donate 100 decals for the
City to use for this program; and
WHEREAS per Mn Statute 465.03, a resolution accepting a gift by a municipality
requires a 2/3 vote of the City Council.
NOW, THEREFORE BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that
the City does hereby accept the "Plymouth Pacesetter" decals to be used for the
Neighborhood Traffic Calming Program.
Adopted by the City Council on July 8, 2003.
Agenda Number: 6 , 11
DATE: June 26, 2003 for the City Council Meeting of July 8, 2003
TO: Dwight D. Johnson, City Manager through
aDaniel L. Faulkner, P.E., Director of Public Works
FROM: Carla J. Stueve, P.E. Traffic Engineer
SUBJECT: REQUEST FOR APPROVAL OF THE DONATION OF MATERIAL FOR THE
WAVE, WAIT & WALK" CROSSWALK PROGRAM FLAGS
ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing acceptance
of the donation of material to be used for flags in the "Wave, Wait & Walk" crosswalk program.
BACKGROUND: In May 2003, the City began testing a new crosswalk program called "Wave,
Wait and Walk" to address safety concerns of drivers and pedestrians at crosswalks. This program
is being tested because poor driver compliance of the crosswalk law is a primary concern to many
pedestrians who like to take advantage of the City's vast trail and sidewalk system. However,
drivers often complain that it is difficult to tell if pedestrians are waiting to cross, and pedestrians
are afraid to step into the crosswalk unless they are sure the driver will stop. The program is
designed to encourage communication between drivers and pedestrians.
The Wave, Wait and Walk Program is currently being used successfully by the City of St. Paul,
which has implemented the program at approximately 20 locations. Headlights Corporation
donated the material for the flags used by the City of St. Paul, and offered the same service to the
City of Plymouth. The City is currently testing the program at four locations that were identified
in a 2000 Crosswalk Safety Grant, including: 50"' Avenue & Schmidt Lake Road, Fernbrook Lane
Dallas Lane/Plymouth Creek Playfield, Zachary Lane & 39"' Avenue, and Vicksburg Lane at the
Luce Line Trail.
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council approve
the attached resolution authorizing that the City accept the material for the flags to be used for the
Wave, Wait and Walk" experimental crosswalk program. Per Mn Statute 465.03, a resolution
accepting a gift by a municipality requires a 2/3 vote of the City Council.
C>J %. - a % il
Carla J. Stueve, P.E.
Attachment: Resolution
O: \Engineering\GENERAL\Traffic\Crosswalklssues\ WaveWait Wal Vrograrn\HeadlightsCotp.doc
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
ACCEPTING DONATION OF MATERIAL FOR FLAGS TO BE USED FOR
THE "WAVE, WAIT AND WALK" CROSSWALK PROGRAM
WHEREAS, in May 2003, the City began testing a new program called "Wave, Wait and
Walk" to address safety concerns of both motorists and pedestrians at crosswalks; and
WHEREAS, the City is testing the program at four locations in the summer of 2003,
including: 501h Avenue & Schmidt Lake Road, Fernbrook Lane & Dallas Lane/Plymouth
Creek Playfield, Zachary Lane &
391h Avenue, and Vicksburg Lane at the Luce Line
Trail; and
WHEREAS, bright colored flags will be provided at each location for the pedestrian to
use to get the drivers' attention and indicate that they are waiting to cross; and
WHEREAS, Headlights Corporation, wishes to donate scrap material for the flags to the
City to use for this program; and
WHEREAS, per Mn Statute 465.03, a resolution accepting a gift by a municipality
requires a 2/3 vote of the City Council.
NOW, THEREFORE BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that
the City does hereby accept the material for the flags to be used for the "Wave, Wait and
Walk" experimental crosswalk program.
Adopted by the City Council on July 8, 2003.
DATE: June 30, 2003 for the City Council Meeting of July 8, 2003
TO: Dwight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM: John M. Hagen, P.E. Assistant City Engineer
SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF
SCHMIDT LAKE ROAD IN HARVEST HILLS (2001023)
ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing
reimbursement to the developer for the City's share for the construction of public improvements
including the Schmidt Lake Road street and watermain, the Holly Lane watermain, and the
construction of the trail along Schmidt Lake Road within the Harvest Hills Addition.
BACKGROUND: As part of the Residential Development Agreement with Town & Country
Homes, the developer of Harvest Hills Addition, the developer requested to build Schmidt Lake
Road (street and watermain system construction), the Holly Lane watermain system, and the
Schmidt Lake Road trail, and be reimbursed for the City's portion of the cost based on the City
Assessment Policy along with the engineering fees associated with the improvements.
In accordance with the development agreement, Town & Country Homes has now completed
construction of the Schmidt Lake Road street and watermain system, the Holly Lane watermain
system, along with the trail along Schmidt Lake Road, and is requesting reimbursement for the
City's portion of the cost, based on the City Assessment Policy, plus engineering fees. The
original estimated reimbursement cost is $215,579, of which $192,481 was construction costs
and $23,098 was engineering fees. The developer's engineer has certified that the required work
is completed and complies with the City approved plans and specifications. Previous payments
have been made to the developer for construction and engineering costs amounting to $82,361.
Therefore, the requested amount of reimbursement is $133,218.
A resolution accepting the Schmidt Lake Road watermain construction for continual maintenance
was adopted at the April 23, 2002 City Council meeting. Another resolution accepting the
Schmidt Lake Road street construction and the Holly Lane watermain construction for continual
maintenance was adopted at the January 7, 2003 City Council meeting.
0:\Engineering\DEVLMNTS\2001\2001023\Memos\FinalREIMBDEV.doc
SUBJECT: REIMBURSEMENT FOR REQUIRED CONSTRUCTION OF
SCHMIDT LAKE ROAD IN HARVEST HILLS (2001023)
Page 2
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City Council adopt
the attached resolution authorizing the reimbursement to the developer for the construction and
engineering costs associated with the public improvements including the Schmidt Lake Road
street and watermain, the Holly Lane watermain, and the construction of the trail along Schmidt
Lake Road within the Harvest Hills Addition. The amount of the requested reimbursement is
133,218 with $41,515 allocated from the City MSA fund, $66,986 allocated from the City
Utility Trunk fund, and $24,717 allocated from the City and Community Parks fund.
John M. Hagen, P.E.
Assistant City Engineer
attachment: Letter requesting reimbursement
Resolution
O:\Engineering\DEV LMNTS\2001\2001023\Memos\Fina1REIMBDEV.doc
W
PIONEER
14 engineering
r
30 June 2003
Mr. John Hagen
Assistant City Engineer
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Civil Engineers • Land Planners • Land Surveyors • Landscape Architects
RE: Harvest Hills
Schmidt Lake Road Watermain & Pavement
P.E. Job #101211
Dear John:
On behalf of Town & County Homes, we are requesting reimbursement for the watermain and
street construction for Schmidt Lake Road. The watermain installation and testing is completed.
The street construction is also completed.
The developer's agreement between Town & Country Homes and the City of Plymouth lists the
following reimbursement costs for the Schmidt Lake Road Improvements.
Schmidt Lake Road Street Construction $ 74,133.00
Watermain System Schmidt Lake Road $ 36,470.00
Watermain System Holly Lane $ 59,809.00
Park Trail Improvements $ 22,069.00
SUBTOTAL $192,481.00
Design, Admin, Insp. As-Builts (12%) $ 23,098.00
TOTAL $215,579.00
At this time we are requesting reimbursement for 100% of the Schmidt Lake Road Street
Construction ($74,133.00), 100% of the Watermain System Schmidt Lake Road ($36,470.00),
100% of the Watermain System Holly Lane ($59,809.00), 100% of the Park Trail Improvements
22,069.00), and 100 % of the Design, Administration, Inspection, and As-Builts ($23,098.00)
for a total amount of $215,579.00.
Town & Country Homes was previously reimbursed $82.361.00 in 2002. Therefore, this request
would be for an amount of $133,218.00.
2422 Enterprise Drive • Mendota Heights, Minnesota 55120 • (651) 681-1914 • Fax 681-9488
625 Highway 10 N.E. • Blaine. Minnesota 55434 • (763) 783-1880 • Fax 783-1883
Please forward a reimbursement check for $133,218.00 for the above incurred expense to Town
Country Homes, Attn: Kevin Clark, 7615 Smetana Lane, Suite 180, Eden Prairie, MN 55344
Sincerely,
PIONEER ENGINEERING, P.A.
Douglas A. Stahl, P.E.
DAS: jas
Cc: Kevin Clark, Town & Country Homes
CITY OF PLYMOUTH
RESOLUTION 2003 -
REIMBURSING DEVELOPER FOR
CONSTRUCTION OF PUBLIC IMPROVEMENTS
HARVEST HILLS (2001023)
WHEREAS, the City of Plymouth and Town and Country Homes have entered into a
development contract dated September 10, 2001 and revised on March 28, 2002 for the plat,
Harvest Hills (2001023); and
WHEREAS, as part of this development, the developer was required to construct public
improvements including Schmidt Lake Road street and watermain, the Holly Lane
watermain system, and the Schmidt Lake Road trail in Harvest Hills; and
WHEREAS, the City is responsible for the incremental cost of public improvements above
that which is the responsibility of the developer under the City Assessment Policy; and
WHEREAS, the work has been completed and is certified to be in compliance with the
approved plans and specifications by Town and Country Homes' engineer; and
WHEREAS, the cost amounts to $192,481 for construction and $23,098 for engineering; and
WHEREAS, a previous payment was made in the amount of $82,361.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That the developer, Town and Country Homes, is
to be reimbursed in the amount of $133,218 for construction and engineering costs for the
improvements of Schmidt Lake Road and Holly Lane in accordance with the development
contract and City policy.
BE IT FURTHER RESOLVED that $41,515 of the funds be allocated from the City's MSA
Fund, $66,986 be allocated from the City Trunk Utility fund, and the remaining $24,717 be
allocated from the City and Community Parks fund.
Adopted by the City Council on July 8, 2003.
O:\Engineering\DEVLMNTS\2001\2001023\Resol\FinaIREIMBDEV.doc
Agenda Number:
TO: Dwight D. Johnson, City Manager
FROM: Laurie Ahrens, Assistant City Manager
SUBJECT: Approve Lease Agreement with Plymoth Historical Society
DATE: June 24, 2003, for City Council meeting of July 8, 2003
1. ACTION REQUESTED: Adopt the attached resolution approving a lease agreement
between the City and the Plymouth Historical Society relating to the property at 3605
Fembrook Lane.
2. BACKGROUND: The City of Plymouth owns the property at 3605 Fembrook Lane, which
is the site of the old Town Hall and the Carriage House. The Plymouth Historical Society has
used this site for its museum, meetings, and related activities for many years.
Responsibilities for property upkeep and maintenance are divided between the City and the
Historical Society, and this relationship has worked well for both parties.
Earlier this year when trying to determine the responsibility for certain building repairs, we
found that the previous lease agreement between the City and the Historical Society expired
in the early 1990s. No agreement has been in effect since that time. The attached proposed
agreement has been reviewed by the City Attorney, by the City's Property Management
Coordinator, and by Harvey Schiebe on behalf of the Plymouth Historical Society.
3. ALTERNATIVES: We could continue without a written agreement in place.
4. DISCUSSION: The City and the Plymouth Historical Society can certainly continue with
the present verbal agreement related to the property. However, with personnel changes that
can occur at the City or Historical Society, it would be useful to have a basic agreement in
place to document the responsibilities related to the property.
5. BUDGET IMPACT: The lease agreement would cause no change in budget. The City
currently budgets $4,000 per year for costs associated with these buildings.
6. RECOMMENDATION: Adopt the attached resolution approving the lease agreement
between the City and the Plymouth Historical Society.
LEASE
THIS AGREEMENT is made on , 2003, by and between the City of
Plymouth, a Minnesota municipal corporation ("Landlord"), and the Plymouth Historical Society
Tenant").
THE PARTIES AGREE AS FOLLOWS:
PREMISES.
Landlord does hereby lease to Tenant and Tenant does hereby rent from Landlord the
Town Hall and Carriage House located at 3605 Fernbrook Lane, Plymouth, Minnesota
Premises").
2. TERM.
The term of the Lease shall be for a period of ten (10) years commencing on the
day of , 2003, and ending at midnight on the day of 12013,
unless extended by both parties in writing.
Landlord or Tenant may terminate this lease during the initial ten (10) year term without
cause by providing thirty (30) days written notice to the other party.
If Tenant remains in possession of the Premises after the expiration of the term for which
they are hereby leased, and Landlord does not provide notice to vacate the premises
within 60 days of the lease expiration date as specified in paragraph 13 below, the lease
shall automatically renew in three year increments with the same terms and conditions of
the present lease.
RENT.
Tenant agrees to pay the sum of One and No/ 100 Dollars ($1.00) as rent for the Premises.
4. TAXES.
Landlord shall pay real estate taxes and special assessments, if any, which become due
and payable during the term hereof.
5. USE.
Tenant's use of the Premises shall be limited to Historical Society meetings, museum
related activities and officially sanctioned Historical Society functions. Tenant hereby
accepts the Premises on an "as is" "where is" basis without any representations or
warranties as to its fitness for a particular purpose.
6. UTILITIES.
Landlord shall pay for all utilities associated with operating the Premises. Tenant shall
reasonably conserve heat, air conditioning, water and electricity. In the event that utility
costs increase as a result of tenant's consumption, the Landlord may require the tenant to
pay for a portion of the increased costs.
7. COVENANTS BY TENANT.
A. Tenant covenants and agrees to maintain the Premises, to keep the Premises neat
and orderly, and to prevent any unnecessary waste, loss, or damage to property.
Maintenance shall include, but is not limited to, stocking bathrooms with all necessary
supplies, washing, and mopping of the Premises.
B. The Tenant shall be responsible for securing and maintaining all City owned
property within the Premises.
C. The Tenant shall notify the Landlord when the Premises are in need of repair.
D. The Tenant shall be responsible for ensuring that the Premises continue to comply
with the Uniform Fire Code.
E. Any repairs, the necessity of which are caused by the actions of the Tenant, shall
be the sole responsibility of the Tenant.
COVENANTS BY LANDLORD.
A. The Landlord is responsible for completing all structural and mechanical repairs
to the Premises which shall include, but not be limited to plumbing, heating and electrical
repairs, and painting.
B. Landlord covenants that Tenant, upon paying the rent and performing the
covenants, shall peaceably and quietly have, hold and enjoy the leased Premises for the
term of the lease.
9. TENANT'S ASSUMPTION OF RISK/1NDEMNIFICATION OF LANDLORD.
The Tenant takes possession of the Premises under this Lease subject to the usual hazards
of operating a Town Hall and Carriage House, and agrees to assume all risk of accidents
to Tenant, Tenant's guests, Tenant's invitees, Tenant's employees, and/or agents in
furtherance of the use of the Premises. Tenant agrees to hold Landlord harmless,
indemnify and defend Landlord against any claims, suits, damages, losses, costs and
expenses, resulting exclusively from Tenant's use of the Premises.
10. ENTERING BY LANDLORD.
The Landlord shall continue to utilize the Premises to the extent it does not conflict with
Tenant's use and enjoyment of the Premises. The Tenant shall not change the locks to the
Premises without prior written approval by the Landlord.
11. INSURANCE BY LANDLORD.
Landlord shall procure and maintain a policy or policies of public liability insurance,
insuring against injury or death to persons and loss or damage to property.
12. ASSIGNMENT AND SUBLETTING.
Tenant shall not assign this Lease, nor sublet the Premises, nor allow any other groups the
use of the Premises without first obtaining the written consent of Landlord.
13. SURRENDER OF POSSESSION AND HOLDING OVER.
The Tenant agrees that at the expiration of the term of this Lease and upon receiving
written notification from Landlord to vacate Premises, Tenant will yield up possession of
the Premises to the Landlord, in as good order and condition as when same were entered
upon by the Tenant, reasonable wear and tear and damage by the elements alone
excepted. Tenant shall surrender all improvements to the Premises. Landlord agrees to
accept all Tenant improvements not removed in an "as -is" "where -is" condition.
14. MISCELLANEOUS.
The Landlord covenants that it has full right and lawful authority to enter into this Lease
for the full term aforesaid and that it is lawfully seized of the Premises.
A. This Lease is governed by the laws of the State of Minnesota. If any term or
provision of this lease is declared invalid or unenforceable, the remainder of this Lease
shall not be affected by such determination and shall continue to be valid and enforceable.
B. This agreement contains the entire Lease contract between the parties hereto. A
short form of this Lease, for the purpose of recording, may be executed by the parties
simultaneously herewith and if either party desires to record this Lease, the short form
shall be used for that purpose.
C. Nothing contained in this Lease shall be deemed or construed by the parties hereto
or by any third party to create the relationship of principal and agent or of partnership or
of joint venture or of any association whatsoever between the Tenant and the Landlord, it
being expressly understood and agreed that neither the payment of rent nor any act of the
parties hereto shall be deemed to create any relationship between the Tenant and the
Landlord other than the relationship of tenant and landlord.
D. The section titles herein are for convenience only and do not define, limit or
construe the contents of any paragraph or provision hereof. Whenever the singular is
used, the same shall include the plural.
E. All notices and requests which may be given or which are required to be given
hereunder shall be sent by United States Mail, postage prepaid, certified with return
receipt requested as follows:
IF TO THE LANDLORD: IF TO THE TENANT:
City of Plymouth Plymouth Historical Society
3400 Plymouth Boulevard 3400 Plymouth Boulevard
Plymouth, MN 55447 Plymouth, MN 55447
IN WITNESS WHEREOF, both parties have hereunto set their hands the day and year
above written.
LANDLORD:
CITY OF PLYMOUTH
By:
Judy Johnson, Mayor
By:
Dwight Johnson, City Manager
TENANT:
PLYMOUTH HISTORICAL
SOCIETY
By:
Its:
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
200_, by
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
2001_by
Notary Public
This instrument was drafted by:
CAMPBELL KNUTSON, P.A.
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
651) 452-5000
City of Plymouth
Resolution 2003 -
Approving Lease Agreement Between the City of Plymouth and
the Plymouth Historical Society
WHEREAS, the City of Plymouth owns the property at 3605 Fernbrook Lane, which houses
the old Town Hall and Carriage House buildings; and
WHEREAS, the Plymouth Historical Society uses this site for its meetings, museum, and
related Historical Society activities; and
WHEREAS, the attached lease agreement would specify the responsibilities associated with
the property.
NOW THEREFORE BE IT RESOLVED that the attached agreement between the City of
Plymouth and the Plymouth Historical Society is hereby approved.
Adopted by the City Council on July 8, 2003.
II
Agenda Number: b, I
TO: Dwight D. Johnson, City Manager
FROM:Craig C. Gerdes, Chief of Police
SUBJEC : Amending the 2003 Compensation and Classification Plan to include the
position of POLICE CAPTAIN
DATE: June 24, 2003 for July 8, 2003 City Council Meeting
1. ACTION REQUESTED: Adoption of the attached resolution approving the amended 2003
Compensation and Classification Plan for exempt non -represented City employees and the
City Manager. The amended plan includes the new position of Police Captain (Grade Level
22).
2. BACKGROUND: The department is seeking approval for a Police Captain position on the
department to replace one of the four existing Police Lieutenant positions. The department
currently has four lieutenants in command of the Patrol, Professional Standards, Special
Operations, and Services divisions of the department and a civilian Support Services
Supervisor in command of the Administrative division of the department.
The designation of a Captain will provide the department with a clear second -in -command.
Anytime the Chief is unavailable, the Captain would automatically become the Acting Chief.
As the building expansion project moves forward, it will require a considerable amount of the
Chief's attention. The new Captain can assist tfie Chief with the day-to-day needs of the
department. As the department continues to evolve and with future projected administrative
changes, having a Captain in place will allow for easier organizational transition.
In looking at the four lieutenant assignments, the correct placement of the Captain's position
appears to go with the Professional Standards division. The position description is attached
for your information.
3. ALTERNATIVES: To remain with the current four lieutenant configuration.
4. DISCUSSION: If the position of Captain is approved, the department would proceed by
holding a process involving the current Lieutenants who meet the criteria and express an
interest in the position. With the selection of the new Captain, the other Lieutenants'
assignments would be rotated as needed.
5. BUDGET IMPACT: The recommendation is to make the change effective August I", to
allow some time for the process. The impact on the 2003 budget is approximately $4,000.
6. RECOMMENDATION: Approve the attached resolution adopting the revised 2003
position and grade salary charts, approving the addition of Police Captain.
POSITION TITLE:
DEPARTMENT:
ACCOUNTABLE TO:
POSITION WRITE-UP
CAPTAIN
POLICE DEPARTMENT
CHIEF OF POLICE
PRIMARY OBJECTIVE OF POSITION
DATE: October 1992
REVISED: June 2003
DEPARTMENT: POLICE
To assist in the administration, supervision, and direction of the Plymouth Police Department, to ensure that all
programs, services and functions are handled in an effective and timely manner. Responsible for entire Police
Department operations in the absence of the Police Chief.
MAJOR AREAS OF ACCOUNTABILITY
Assists the Police Chief in managing, supervising, and controlling the department.
Assumes command of any police emergency or tactical situation as necessary.
Assists with preparing and monitoring division budgets.
Performs administrative duties. 2
Oversees the recruitment and selection of all police personnel.
Works with division commanders to monitor the effectiveness of all sections of the police
department.
Assists with the determination of need and the deployment of personnel.
Creates and maintains reporting procedures and activity indicators which accurately reflect
productivity measures for the Professional Standards Section.
Performs Planning and special research in order to anticipate the short and long-range needs of the 3
police department.
Prepares appropriate reports on projects and programs.
Forecasts personnel and equipment needs based upon careful analysis.
Executes plans by overseeing or delegating appropriate authority and responsibility.
Manages police department training. 4
Evaluates police department training needs through review of internal reporting and statistics.
Monitors state and federal requirements for law enforcement training and implements training
programs.
Provides opportunities to all police departmental personnel for both required and developmental
training.
Assists with the development of department traini
CAPTAIN
6/02
MAJOR AREAS OF ACCOUNTABILITY (Cont.)
Coordinates effective communication within and outside the department. 5
Meets with departmental personnel to analyze and solve problems.
Represents the police department at official gatherings, meetings and community functions.
Corresponds with citizens to address their concerns or questions.
Solicits and encourages open communications.
Investigates, reviews and handles complaints through the internal process.
Receives, reports, assigns, investigates, and monitors complaints against the department or its
members.
Recommends disposition of said complaints to the Police Chief on major investigations.
Provides summary data concerning the internal affairs function of the police department.
6
Monitors conformance to established rules and regulations of the department. 7
Manages the development and currency of the operations manual.
Monitors the productivity of police divisions by analyzing reports and statistics complied by
division commanders.
Evaluates and makes recommendations for changes to enhance the effectiveness of division
programs.
Performs other related work as apparent or assigned. 8
Supervises, assigns, and evaluates section personnel.
Prepares departmental reports.
Conducts and reviews performance evaluation forms - identifies and recommends training needs.
PERFORMANCE CRITERIA
Reports provided to the Police Chief are timely and reflect consideration of existing conditions and objectives.
Decisions made in delegated areas of accountability are consistent with division operating procedures and
obj ectives.
Recommendations regarding the resolution of internal affairs complaints and employment actions are
appropriate for maintaining department discipline and credibility. Actions are consistent with city personnel
policies and collective bargaining agreements.
CAPTAIN
6/02
QUALIFICATIONS
Considerable knowledge of all areas of department responsibility. Must have thorough understanding of
administrative philosophies, police policies, and procedures as they relate to officer conduct, administrative
concepts, federal, state, and local laws.
Experience in police administration is required. Must have completed probation as a lieutenant. A Bachelor's
Degree in Law Enforcement or closely related field is desirable.
Ability to establish and maintain effective relationships with citizens, division and city personnel.
Ability to communicate effectively orally and in writing.
Experience in supervising and coordinating the work of an operating unit.
Substantial ability to use research techniques and performance indicators in evaluating and recommending
improvements in department operations.
CITY OF PLYMOUTH
RESOLUTION NO: -
APPROVING THE GRADE, TITLE AND SALARY RANGE
FOR POLICE CAPTAIN
WHEREAS, the City of Plymouth has received approval to hire a Police Captain; and
WHEREAS, this title belongs in Grade 22 in the Classification Plan; and
WHEREAS, the current salary range for Grade 22 is $62,189 to $86,610.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it should, and hereby does: approve the addition of Police Captain to
the 2003 Classification and Compensation Plan with the salary range of $62,189 to $86,610 effective
July 8, 2003.
Adopted by the City Council on
DATE: June 30, 2003 for the City Council Meeting of July 8, 2003
TO: Dwight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM: Ronald S. Quanbeck, P.E., City Engineer
SUBJECT: AUTHORIZE THE ACCEPTANCE OF A TRAIL EASEMENT DONATION
AT 3601 LANCASTER LANE (FOUR SEASONS VILLA APARTMENTS)
FROM GARY & RITA BRUMMER
2003 LANCASTER LANE TRAIL AND FORCEMAIN PROJECT
CITY PROJECT NO. 3107
ACTION REQUESTED: Make a motion to adopt the resolution accepting the trail easement
donation from Gary and Rita Brummer.
BACKGROUND: This project will connect the trail just west of 3601 Lancaster on the north
side of
36th Avenue and continue east to the east side of Lancaster Lane and then will go north to
the Four Seasons transit stop. To facilitate this project, staff has negotiated a trail easement with
the Brummers for a portion of their property at 3601 Lancaster Lane. The cost is approximately
88 per square foot for 4,900 square feet of area needed for trail purposes within the Brummer
property, which calculates to $4,300 of total compensation. The Brummers are asking the City
to compensate them by dividing the total amount of $4,300 into a cash value of $1,075 and a gift
value of $3,225. The trail easement will be located over the south 10 feet of the Brummer
parcel.
RECOMMENDATIONS AND CONCLUSIONS: Staff recommends that the City Council
adopt the resolution accepting the easement donation in the amount of $3,225. Pursuant to Minn.
Statute 465.03, a resolution accepting a gift by a municipality requires a 2/3 vote of the City
Council.
Ronald S. Quanbeck, P.E.
City Engineer
attachments: Map of Brummer parcel
Resolution
0:\Engineering\PR0JECTS\2000 - 2009\3107\Mams\Accptdonationfrombmmm s.doc
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Printed by the City of Plymouth, h1'
Original base data supplied by Hennepin Co., h1'
S, SEC. 13 T.118 R.22
CITY OF PLYMOUTH
RESOLUTION 2003 -
AUTHORIZING THE ACCEPTANCE OF A DONATION TO THE
CITY OF PLYMOUTH FROM GARY & RITA BRUMMER FOR
A TRAIL EASEMENT ALONG THE NORTH SIDE OF 36TH AVENUE AT
3601 LANCASTER LANE (FOUR SEASONS VILLA APARTMENTS)
CITY PROJECT 3107
WHEREAS, The City has determined a need to make a trail connection to an existing trail
located just west of 3601 Lancaster Lane (Four Seasons Villa Apartments), along the north side
of 36"' Avenue that would extend easterly along the south 10 feet of said property to Lancaster
Lane; and
WHEREAS, The City has negotiated an easement value for the trail at approximately $.88 per
square foot for 4,900 square feet of area needed for trail purposes within the Brummers'
property, which calculates to $4,300 for the total compensation; and
WHEREAS, The Brummers prefer that the total compensation of $4,300 be divided into a cash
value of $1,075 and a gift value of $3,225; and
WHEREAS, The Brummers have executed the easement document for the trail easement which
will be recorded upon adopting this resolution; and
WHEREAS, per Mn Statute 465.03, a resolution accepting a gift by a municipality requires a 2/3
vote of the City Council.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does authorize the acceptance of this
donation of a portion of the trail easement at 3601 Lancaster Lane (Four Seasons Villa
Apartments) valued at $3,225 from Gary and Rita Brummer.
Adopted by the City Council on July 8, 2003.
Agenda Number: q - I
TO: Dwight D. Johnson, City ManagerFROM: Sandy Paulson, City Clerk, throug curie Ahrens, Asst. Manager
SUBJECT: OFF -SALE 3.2 MALT LIQUOR LICENSE FOR RFB
CORPORATION OF WISCONSIN d/b/a RAINBOW FOODS, 16705
Co. Rd. 24
DATE: June 17, 2003 for City Council Meeting of July 8, 2003
1. ACTION REQUESTED: Conduct a public hearing and, unless information is received to
the contrary, adopt the attached resolution approving an off -sale 3.2 malt liquor license for
RFB Corporation of Wisconsin, d/b/a Rainbow Foods, 16705 County Road #24.
2. BACKGROUND: The City has received an application for an off -sale 3.2 malt liquor
license from RFB Corporation of Wisconsin, doing business as Rainbow Foods, 16705
County Road #24. This site is presently holding an off—sale license; this application results
from a transfer of ownership. Published and posted notice has been completed as required by
City Code. The site will be participating in the Best Practices program.
All certificates of insurance have been provided. An investigation has been conducted, and
the Police Department has found no reason to deny the license.
Staff is recommending that there be a condition placed on the license that all storage of
alcohol on the premises be maintained in a locked area, as verified by a premises survey
conducted by the Police Department. This condition was also placed on the Target
Superstore, at 4175 Vinewood Lane, when their liquor license was approved on August 14,
2002, and also on the other two Rainbow Stores approved on June 24, 2003. This condition
had been recommended by the Council as these types of businesses employ a large number of
young adults who need and would have general access to the stock room.
3. ALTERNATIVES: The City Council could either approve or deny the license application.
4. RECOMMENDATION: The attached resolution approving an off -sale 3.2 malt liquor
license for RFB Corporation of Wisconsin, d/b/a/ Rainbow Foods, 16705 County Road #24,
is recommended for adoption.
4
V 4 / 17
L. N
39TH AVE
Np 55
I-)
CITY OF
PLVMOUT f
NOTICE OF PUBLIC HEARING ON OFF -SALE 3.2 MALT LIQUOR LICENSE
APPLICATION OF RFB CORPORATION OF WISCONSIN,
16705 COUNTY ROAD # 24
NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a public hearing on
the off -sale 3.2 malt liquor license application of RFB Corporation of Wisconsin, doing business
as Rainbow Foods, 16705 County Road #24, on Wednesday, July 8, 2003 at 7:00 p.m.
The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth
Blvd.
All persons wishing to address the Council regarding this application will be heard at that time.
Sandy Paulson, CMC/MMC
City Clerk
763/509-5080
PLYMOUTH q Beautif id Place to Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
www.b.plymouth.mn.us
June 17, 2003
Traci A. Murphy
RBF Corporation of Wisconsin
23000 Roundy Drive
Pewaukee, WI 53072
Dear Ms. Murphy:
The Plymouth City Council will conduct a public hearing on Wednesday, July 8, 2003, at 7:00
p.m. in the Council Chambers of the City Center, 3400 Plymouth Blvd., to consider your
application for an off -sale 3.2 malt liquor license at 16705 County Road 424. You or your
representative should be present to answer any questions the Council may have.
I have enclosed two copies of the public hearing notice. Please post one notice on the premises
to be licensed and the other notice somewhere else in the vicinity. I will post a copy of the
hearing notice at the City Center and have provided for the required published and mailed notice.
If you have questions regarding this hearing or need further information prior to the hearing,
please call me at 763/509-5054.
Sincerely,
Kurt Hoffman
Deputy City Clerk
Encl.
PLYMOUTH A Beautiful Place to Lim
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-500()
www.d.plymouth.mn.us
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
APPROVING OFF -SALE 3.2 MALT LIQUOR LICENSE FOR
RFB CORPORATION OF WISCONSIN, 16705 COUNTY ROAD #24
WHEREAS, the City has received an application for an off -sale 3.2 malt liquor license from
RFB Corporation of Wisconsin, 16705 County Road #24; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates, and
WHEREAS, a public hearing has been conducted and no reason for denial was found.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that an
off -sale 3.2 malt liquor license is hereby approved for RFB Corporation of Wisconsin, 16705
County Road #24 for the period July 9, 2003 through January 31, 2004 with the following
condition:
All storage of alcohol on the premises shall be maintained in a locked area, as
verified by a premises survey conducted by the Police Department.
Approved by the City Council on July 8, 2003
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
DENYING OFF -SALE 3.2 MALT LIQUOR LICENSES FOR
RBF CORPORATION OF WISCONSIN, D/B/A
RAINBOW FOODS, 16705 CO. RD. 24
WHEREAS, the City has received applications for off -sale 3.2 malt liquor licenses for RBF
Corporation of Wisconsin, d/b/a Rainbow Foods, at 16705 Co. Rd. 24; and
WHEREAS, the applicant has paid all fees and provided all required insurance certificates, and
WHEREAS, a public hearing was conducted and the City Council finds reasons to deny the
license.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that off -
sale 3.2 malt liquor licenses are hereby denied for for RBF Corporation of Wisconsin, d/b/a
Rainbow Foods, at 16705 Co. Rd. 24, for the following reasons:
1.
FA
3.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth
Approved by the City Council on July 8, 2003.
Agenda Number: J
DATE: June 30, 2003 for the City Council Meeting of July 8, 2003
TO: Dwight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM: Ronald S. Quanbeck, P.E. City Engineer
SUBJECT: REQUEST FOR AN ALL -WAY STOP AT THE INTERSECTION OF
MEDINA ROAD AND LAWNDALE LANE
ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the installation
of an "All -Way" stop at the intersection of Medina Road and Lawndale Lane.
BACKGROUND: In October 2001, the City received a signed petition from concerned residents in
Cornerstone Commons regarding their desire for all -way stop control at the intersection of Medina
Road and Lawndale Lane. This intersection is currently controlled by side -street stop control on the
north and south approaches of Lawndale Lane. In response to this request, traffic volume data was
recorded for a 48-hour period in November 2001 on all approaches of the intersection. There were
approximately 365 vehicles per day northbound and 460 vehicles per day southbound on Lawndale
Lane. The east and west approaches of Medina Road carry approximately 2,080 and 1,705 vehicles
per day respectively. The 85`'' percentile speed on the Medina Road was determined to be 41 mph,
which is near the 40 mph posted speed limit. In addition there has been one accident at this
intersection in the last four years. Based on the traffic volumes and accident data collected, an all -way
stop was not warranted at this intersection using the 1991 MnMUTCD (Minnesota Manual on Uniform
Traffic Control Devices).
A letter was sent to the homeowner's association informing them that this intersection was analyzed for
an all -way stop and did not meet the minimum traffic warrants necessary. However, Engineering staff
recognized that there was limited sight distance at this intersection due to the curvature of the roadway
and the existing landscaping. Based on our field observations, there was approximately 250 feet of
sight distance for motorists traveling southbound to see vehicles approaching from the west. Based on
the AASHTO (American Association of State Highways and Transportation Officials) manual: A
Policy on Geometric Design of Highways and Streets, approximately 470 feet of sight distance is
recommended to safely make a left turn from southbound Lawndale Lane to eastbound Medina Road.
To improve sight distance and reduce the potential for an accident at this intersection, we
recommended to the Cornerstone Commons Homeowner's Association that the pine trees that were in
the line of sight in the northwest quadrant of Medina Road and Lawndale Lane be relocated. In
addition, sight distance is limited to approximately 275' on the south side of Medina Road, looking to
the east.
0:\Engineering\SIGNS\STOP\MEMOS\2003\Medinand_Iawndal&n.doc
SUBJECT: REQUEST FOR "ALL -WAY" STOP AT MEDINA ROAD AND LAWNDALE LANE
Page 2
In June 2002, County Road 101 was closed for reconstruction from Median Road to State Highway 55.
This forced the closure of the two Cornerstone Commons accesses to County Road 101, resulting in
higher traffic volumes using Lawndale Lane to access Medina Road. The closure also increased traffic
volumes on Medina Road. Due to the closure of County Road 101 and the increase of vehicles
traveling through this intersection during the reconstruction, City staff installed a temporary all -way
stop at this intersection which was in-place from June to November 2002, when County Road 101 was
reopened.
The response to the temporary all -way stop was mostly positive. However, there were some negative
comments and one homeowner in particular strongly opposes the installation. This resident believes
that an all -way stop is not necessary and that it creates a lot of unwanted noise when they have the
windows open in their home. Their home backs up to the south side of Medina Road and is located
very near the intersection of Medina Road and Lawndale Lane.
In September 2002, Engineering staff contacted the property manager for the Cornerstone Commons
Homeowners Association to request the relocation of the pine trees on the north side of Medina Road
to improve the sight distance at this intersection. The homeowner's association board voted and
informed the City that they would relocate the trees in the Spring of 2003. At that time staff also
agreed to reanalyze the intersection for an all -way stop. The reanalysis is needed because the
MnMUTCD was updated in December 2001, giving more emphasis to sight distance as a criteria for
the installation of all -way stop control at intersections. In addition, once the trees were relocated the
sight distance at the intersection could be reassessed.
In June 2003, the trees were relocated, which somewhat improved the line of sight for southbound
traffic. The removal of these pine trees was important since they would continue to mature and further
block the sight distance in the future even with the all -way stop. Subsequently, the re -analysis was
completed for an all -way stop. This intersection still did not meet the minimum traffic volumes and
accident warrants necessary for an all -way stop. However, there is still insufficient sight distance on
the north and south approaches of this intersection. Therefore, due to the limited sight distance which
is mostly attributed to the curvature of the roadway, staff will support the installation of an all -way stop
at this intersection.
All property owners within 500 feet of the intersection have been notified of the recommendation and
that it will be considered by the City Council on July 8 (see attached letter).
RECOMMENDATIONS AND CONCLUSIONS: Based on the limited sight distance, an "All -Way"
stop is an appropriate control at this intersection. I recommend that the City Council adopt the
attached resolution authorizing the installation of an "All -Way" stop at the intersection of Medina
Road and Lawndale Lane.
Ronald S. Quanbeck, P.E.
attachments: Map
Requests from residents
Notification letter
Resolution
O: \Engineering\SIGNS\STOP\MEMOS\2003\Med inand_LawndaleLn. doc
38TH-AVE....N........ ... _ ..... ._. _.......
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Proposed All-Way
i \ / Stop Sign @ Medina Rd
1 \, & Lawndale Ln.
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10/24/01
TO: Plymouth Public Safety Department
FROM: Cornerstone Commons Townhouse Residents ,
This is a request for the Plymouth Public Safety Department to: a and post
a four way stop sign on Medina Road and Lawndale Lane. The S11 oto-'
Lawndale Lane facing both North and South are not adequate for pedes tZ or
vehicular safety. There is a curve in the road, a hill, and landscaping, all of which
does not allow for full view of the vehicles going at a speed of 40 miles per hour.
Several near misses have occurred by both cars and pedestrians. In order to
avoid a fatality and/or a very serious accident, this request comes for immediate
action for a four way stop.
RESIDENTS NAME
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ADDRESS PHONE
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s' 7117
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June 30, 2003
SUBJECT: REQUEST FOR "ALL -WAY STOP" AT THE INTERSECTION OF
MEDINA ROAD AND LAWNDALE LANE
Dear Resident:
This letter is to inform you that the City Council will consider a request for the installation of an
all -way stop sign at the intersection of Medina Road and Lawndale Lane at their July 8, 2003,
meeting which begins at 7:00 p.m. in the City Council Chambers located at 3400 Plymouth
Boulevard.
The City received a request for an all -way stop from residents concerned about safety at this
intersection. City staff analyzed this intersection to determine traffic volumes, sight distance
restrictions, reported accidents and proximity to high volume pedestrian generators such as
schools or parks. Roadway tubes were placed on all approaches to record speed and volume data
for a 48-hour period. There were approximately 365 vehicles per day northbound and 460
vehicles per day southbound on Lawndale Lane. The east and west approaches of Medina Road
carry approximately 2,080 and 1,705 vehicles per day respectively. The 85`h percentile speed on
the Medina Road is 41 mph, which is near the 40 mph posted speed limit. In addition there has
been one accident at this intersection in the last four years.
This intersection was analyzed for an all -way stop in November 2001, using the 1991 Minnesota
Manual on Uniform Traffic Control Devices (MnMUTCD). Based on the traffic volumes and
accident data collected, an all -way stop was not warranted at this intersection at that time. The
MnMUTCD has since been updated, giving more emphasis to sight distance as a criteria for the
installation of all -way stop control at intersections. The limited sight distance at the intersection
of Medina Road and Lawndale Lane has been a concern of the City since this intersection was
first analyzed for all -way stop control. The limited sight distance was due to both the curvature
of the roadway and pine trees that were located in the northwest quadrant of the intersection.
Based on our previous field observations, there was approximately 250 feet of sight distance for
drivers traveling southbound to see vehicles approaching from the west. Based on the AASHTO
American Association of State Highways and Transportation Officials) manual: A Policy on
Geometric Design of Highways and Streets, approximately 470 feet of sight distance is
recommended to safely make a left turn from southbound Lawndale Lane to eastbound Medina
Road. In addition, sight distance was limited for northbound Lawndale Lane, looking east. To
improve the sight distance for southbound drivers and reduce the potential for accidents at this
intersection, the City requested relocation of the pine trees that were located in the line of sight.
0 Engineering` SIGNS 'STOP\LTRS',2001\MedianRd_LlwndaleLn_Siopsign.da
SUBJECT: REQUEST FOR "ALL -WAY" STOP AT MEDINA ROAD AND LAWNDALE
LANE
Page 2
Recently, the pine trees were relocated, which somewhat improved the line of sight for
southbound traffic. The removal of these pine trees was important since they would continue to
mature and further block the sight distance in the future. Roadway tubes were again used to
record speed and volume data for a 48-hour period, which showed no significant change in
traffic patterns. This intersection still did not meet the minimum traffic volumes and accident
warrants necessary for an all -way stop. However, there is still insufficient sight distance on the
north and south approaches of this intersection. Therefore, due to the limited sight distance
which is mostly attributed to the curvature of the roadway, staff will support the installation of an
all -way stop at this intersection.
This letter has been sent to property owners within a 500 -foot radius of this intersection. If you
have an opinion on this request either for or against, you will have the opportunity to express
your opinion at the City Council meeting on Tuesday, July 8, at 7:00 p.m. In the meantime if you
have any questions please contact Carla Stueve at 763-509-5535 or me at 763-509-5525.
Sincerely,
rALA
Ronald S. Quanbeck, P.E.
City Engineer
Enclosure: map
cc: Daniel L. Faulkner, P.E., Director of Public Works
John M. Hagen, P.E., Assistant City Engineer
Carla J. Stueve, P.E., Traffic Engineer
O.\Eng,n c .g'SIGNS'STOP`LTRS'-'003\Medi-Rd_Iawndale LnStopsign. dM
CITY OF PLYMOUTH
RESOLUTION NO. 2003 -
APPROVING AN "ALL -WAY" STOP AT THE INTERSECTION OF
MEDINA ROAD AND LAWNDALE LANE
WHEREAS, according to the MnMUTCD, locations where a driver, after stopping,
cannot see traffic in adequate time to safely make a turn unless the conflicting cross traffic
is required to stop, may be considered in the analysis for all -way stop control; and
WHEREAS, pine trees located in the northwest quadrant of Medina Road and Lawndale
Lane and the curvature of the Medina Road were contributing to the insufficient sight
distance; and
WHEREAS, even though the pine trees that were in the line of sight have been relocated
there is still not adequate sight distance at the intersection due to the curvature of Medina
Road; and
WHEREAS, to improve safety and reduce the potential for accidents, the City Engineer
recommends the installation of an all -way stop at this intersection;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That an "All -Way" stop be installed at the
intersection of Medina Road and Lawndale Lane.
Adopted by the City Council on July 8, 2003.
O:\Engineering\SIGNS\STOP\RESOL\2003\AII_Way_Medinand_LawndaleLn. doc
Agenda Number ,
TO: Dwight Johnson, City Manager
FROM: Anne Hurlburwmmunity Development Director
SUBJECT: Michelle Brousseau. Appeal of Staff Interpretation of Conditions on
Setback Variance for Cantilever Addition (2002145)
DATE: July 2, 2003 for the City Council Meeting of July 8, 2003
REVIEW PERIOD DEADLINE: August 18, 2003
1. PROPOSED ACTION
Acting as the Board of Adjustments and Appeals, consider the appeal by Michelle Brousseau of
staff's interpretation of Condition #3 of Resolution 2003-103, which approved a variance to the
side -yard setback for construction of an above -grade cantilever addition at 3735 Wellington
Lane.
After reviewing the information presented in this report, from the appellant and any other parties
who may wish to offer testimony, the Council may take one of the following actions:
a) Adopt a resolution sustaining the appeal, finding that staff erred in interpreting the
resolution and that Condition #3 of the variance resolution has been met. Staff would
then issue the building permit for the cantilever addition
b) Adopt a resolution denying the appeal, finding that staff correctly interpreted the
resolution and that Condition #3 of the variance resolution has not been met. The
appellant would then be required to meet the condition before a building permit may
be issued, or would be required to remove the partially constructed addition and not
utilize the variance.
2. ZONING APPEALS PROCESS
The appeals process is governed by Section 21035 of the Zoning Ordinance and by state law. A
ruling by an administrative officer (staff) may be appealed to the City Council—sitting as the
Zoning Board of Appeals—within thirty days of the order being appealed. When an appeal is
filed, all actions on the matter are stayed until the appeal is heard by the Council (for example,
File 2002145
Page 2
construction may be halted.) The Council has sixty days to act on the appeal. Any party who
disagrees with the outcome of an appeal has the right to seek review by the courts.
Appeals are applicable only to the interpretation of legislative intent. Opinions and evaluations
as they pertain to the impact or result of a request are not subject to the appeal procedure. This is
the first appeal of this type that will be heard by the City Council in at least ten years.
3. DESCRIPTION OF ISSUE
On February 25, 2003, the City Council adopted Resolution 2003-103 granting a variance to
allow a cantilever addition to be constructed 8 feet 4 inches from the side property line, where
the Zoning Ordinance requires a 15 -foot side -yard setback. The resolution contains the
following condition (emphasis is added to highlight the language under appeal):
Prior to the issuance of building permit, the property irons adjacent to the proposed
construction shall be located by a qualified land surveyor, exposed, staked and a string
strung along the south property line. If it is determined by the surveyor that any
improvements such as a fence or landscaping encroach upon the neighboring property,
any such encroachments shall be removed prior to issuance of a building permit. If it is
impractical because of weather conditions to remove any such encroachments, the
applicant shall submit a financial guarantee in the form of a cash escrow or letter of
credit equal to the cost of removing the encroachments to ensure that the work shall be
completed not later than July 1, 2003. "
To comply with this condition, Ms. Brousseau submitted two letters dated May 6, 2003 and
signed by Land Surveyor Kenneth Holmbeck (see attachments.) Staff contacted Ms. Brousseau
and subsequently Mr. Holmbeck to clarify whether or not the surveyor had made the required
determination that no improvements encroach upon the neighboring property. He agreed to
prepare another letter.
On May 13, 2003, staff (Senior Planner Marie Darling and Associate Planner Josh Doty) visited
the site and observed the property stakes that were located by Mr. Holmbeck and the string that
was stretched between them. They found that Ms. Brousseau's fence was on the north side (her
side) of the string.
The surveyor prepared another letter dated May 14, 2003 (also attached.) The letter stated, in
part:
we advise clients (and local governments) that in most cases found monuments are
accurate or at least relatively so, but finding monuments is merely a preliminary
investigative step towards of a survey and such finding is not conclusive evidence of a
boundary corner or line. We feel this type of locate request may be appropriate for many
landscaping needs or for determining some building permit issues, but it is usually not
appropriate for fence construction or other on-line improvements... This type of location
work is unprofessional in nature, since it can and often is done by non-professionals,
without violating the Statute. "
File 2002145
Page 3
Upon reviewing this letter and speaking with Mr. Holmbeck, on May 20, 2003 Senior Planner
Marie Darling sent a letter (copy attached) to Ms. Brousseau indicating that the condition of the
resolution had not been precisely met, stating as follows:
The letter submitted by your surveyor states that he (Mr. Ken Holmbeck) did indeed find
property monuments, installed stakes and strung a string between them, but did not
determine that that line was an accurate representation of the south property line. He
has stated in his letter, that typically such monuments do indicate the property line, but
he could not verify their accuracy in this instance without a boundary delineation. 1 had
a telephone conversation with Mr. Holmbeck that verbally confirmed this finding. 1 will
therefore hold your building permit application until more information is produced to
support the location of the property line. "
On June 10, staff received a copy of a letter from Ms. Brousseau dated May 24, 2002 addressed
to Mayor Johnson (attached) indicating her disagreement with staff's ruling. On June 12, 2003,
she applied for a building permit for a deck to be located on the south side of her home, with
French doors to be installed in place of the cantilever addition. Staff advised Ms. Brousseau (in
a letter dated June 12, 2003, attached) of the procedure and timeline to officially appeal the
staff's interpretation, and requested that she indicate whether she wished to proceed with an
appeal or with the building permit application for the deck.
On June 19, Ms. Brousseau submitted her appeal. On the same date, the neighboring property
owner submitted a letter stating their belief that the stakes that the surveyor relied upon have
been moved since the last survey of the property line (see attached letters.)
4. STAFF COMMENTS
The issue is whether or not Condition #3 of the resolution has been sufficiently met for issuance
of a building permit for the cantilever addition. Was it the Council's legislative intent that a
surveyor must be able to unequivocally state that there were no improvements encroaching on
the property line? It appears that a surveyor will not be willing to attest to this without a
complete new survey, which Ms. Brousseau has not obtained. Or, was having a surveyor expose
the existing property irons and make an observation that no improvements appeared to be
encroaching sufficient to fulfill the condition of the variance approval?
The resolution does not explicitly state that a new survey is required. The surveyor did find the
property irons, staked them and stretched a string as required, but would not attest to the
accuracy of this work for the purpose of defining the property line. Given that there is a dispute
on the location of the stakes, staff felt we could not find that the condition had been met fully and
could not issue the building permit. It is extremely likely, had staff issued the permit, that the
neighboring property owner would have filed an appeal. Either way, the Council would be asked
to clarify its legislative intent and how the language in the resolution should be interpreted.
ATTACHMENTS:
1. Resolution 2003-103, Approving Side -Yard Setback Variance
2. Location Map
File 2002145
Page 4
3. Site Plans
4. Letter Dated April 14, 2003 from Marie Darling to Michelle Brousseau
5. Letter Dated May 6, 2003 from Michelle Brousseau to Marie Darling
6. Letter Dated May 6, 2003 from Kenneth G. Holmbeck to City Building Permit Division
7. Letter Dated May 6, 2003 from Michelle Brousseau to City of Plymouth
8. Letter Dated May 6, 2003 from Kenneth G. Holmbeck to City Building Permit Division
9. Letter Dated May 14, 2003 from Kenneth G. Holmbeck to Marie Darling
10. Letter Dated May 19, 2003 from Michelle Brousseau to Marie Darling
11. Letter Dated May 20, 2003 from Marie Darling to Michelle Brousseau
12. Letter Dated May 20, 2003 from Michelle Brousseau to Mayor Judy Johnson
13. Letter Dated June 12, 2003 from Anne Hurlburt to Michelle Brousseau
14. Letter Dated June 19, 2003 from Michelle Brousseau to Anne Hurlburt
15. Transcript of Audiotape Submitted by Michelle Brousseau in Support of Appeal (Received
June 19, 2003)
16. Letter Dated June 19, 2003 from David Bearman to Dwight Johnson, with attached survey
17. E-mail message Dated June 25, 2003 from David Bearman to City Council
18. Resolution Sustaining an Appeal from the City Staff's Interpretation of Condition No. 3 of
Resolution 2003-103 Concerning a Side Yard Variance
19. Resolution Denying an Appeal from the City Staff's Interpretation of Condition No. 3 of
Resolution 2003-103 Concerning a Side Yard Variance
TR9'tNSFEr-i ENWER R,
iENNEPIN COUNTY TAXPAYER SEM012
MAR 18 2003
C;dU, Y N71NM.
PUTY
CITY OF PLYMOUTH
RESOLUTION 2003-103
uJ E iJ d? r n [ ,
fi r:'3 C'0UNTY. Puht I
CERTiFI GuLL1) ;ai1f, C'
2003 MAR 21 AM 110: 37
798M 90
r47 !
GJ
9Y_14 --—_nFPUTY
APPROVING A VARIANCE TO SIDE -YARD SETBACK TO ALLOW CONSTRUCTION OF
AN ABOVE -GRADE CANTILEVER ADDITION 8 FEET 4 INCHES FROM THE SIDE
PROPERTY LINE WHERE THE ZONING ORDINANCE REQUIRES 15 FEET FOR
MICHELLE BROUSSEAU FOR PROPERTY LOCATED AT 3735 WELLINGTON LANE
2002145)
WHEREAS, an application has been filed by Michelle Brousseau requesting approval of a
variance for an 8 -foot, 4 inch side -yard setback where the Zoning Ordinance requires 15 feet, and
WHEREAS, the subject property is legally described as follows:
Lot 7, Block 4, Wellington Addition, City of Plymouth, Hennepin County, Minnesota
WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting
and recommends approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request of Michelle
Brousseau for a variance for an 8 -foot, 4 -inch side -yard setback, for property located at 3735
Wellington Lane, subject to the following findings and conditions:
1. This variance is granted in accordance with the plans received by the City on November 14,
2002, except as may be amended by this resolution.
2. The variance is granted based upon findings that the applicable variance standards have been
met, as follows:
a) The conditions relating to the hardship are not generally applicable to other properties in
the RSF-1 zoning district because homes in the RSF-1 are typically constructed a
minimum of fifteen feet from the side property line, and therefore are permitted to have
cantilevers projecting into the side -yard setback.
Resolution 2003-103
2002145)
Page 2
b) The request is not based upon a desire to increase the value or income potential of the
property but rather to increase the livability of the home and provide extra space in the
kitchen.
c) The hardship was not self-created. Instead it is caused by the Zoning Ordinance change
from a 10 -foot side yard setback requirement of the Subdivision Unit Project to a 15 -foot
side yard setback as required by the current Zoning Ordinance.
d) Granting the variance would not be detrimental to the public welfare or injurious to other
land or improvements in the neighborhood. Granting the variance would allow the
applicant to 1) make improvements to the property which would contribute to the
surrounding property values and 2) would include materials and design consistent with
the character of the area. It is further noted that the addition is relatively small and does
not extend beyond the roof overhang.
e) The variance would not impair an adequate supply of light and air to adjacent property,
nor would it '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.
f) The request is the minimum variance to eliminate the hardship. The proposed addition is
minimal (twenty inches) and does not exceed the existing roof overhang. The requested
variance strikes a balance between the intent of the setback regulations and the property
owner's desire to improve this property.
3. Prior to the issuance of building permit, the property irons adjacent to the proposed
construction shall be located by a qualified land surveyor, exposed, staked and a string strung
along the south property line. If it is determined by the surveyor that any improvements such
as a fence or landscaping encroach upon the neighboring property, any such encroachments
shall be removed prior to issuance of a building permit. If it is impractical because of
weather conditions to remove any such encroachments, the applicant shall submit a financial
guarantee in the form of a cash escrow or letter of credit equal to the cost of removing the
encroachments to ensure that the work shall be completed not later than July 1, 2003.
4. Building permits shall be obtained prior to construction of the addition.
5. No additional windows or doors other than those in the size and location shown on the plans
received by the City on November 14, 2002 shall be permitted to be installed on the south
side of the home. This condition shall not be construed to prevent maintenance or
replacement of any existing windows in substantially the same size and location as presently
existing.
6. No decks or patios shall be constructed on the south side of the home.
lv
Resolution 2003-103
2002145)
Page 3
7. This approval shall expire one year after the date of approval, unless the applicant has
substantially started construction of the project, or unless the applicant has received prior
approval from the City to extend the expiration date for up to one additional year, as
regulated under Section 21030.06 of the Zoning Ordinance.
ADOPTED by the City Council on February 25, 2003.
Resolution 2003-103
2002145)
Page 4
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on January 7, 2003, with the original thereof on file in my office, and the
same is a correct transcription thereof.
WITNE S my hand officiall as such City Clerk and the Corporate seal of the City this
day of ah ,A(3
ity Clerk
se -Z
r36th
Ave.
Location Map - 2002145
Michelle Brousseau/ Kitchen Cantilever
3735 Wellington Lane North
Request for a Variance
rW NE
City of S
Plymouth, Minnesota
200 0 200 400 Feet
Land Use Guide Plan
C, Commercial
CC, City Center
CO, Commercial Office
IP, Planned Industrial
LA -1, Living Area 1
LA -2 Living Area 2
LA -3, Living Area 3
LA -4, Living Area 4
0 LAR, Living Area- Rural
P -I, Public/Semi-Public/Institutional
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April 14, 2003
CITY OF
PLYMOUTR
Michelle Brousseau
3735 Wellington Lane North
Plymouth, MN 55441
Subject: Cantilever Addition at 3735 Wellington Lane North (2002145)
Dear Ms. Brousseau;
Work was begun on the subject project prior to issuance of a building permit. It has been
some time since your application for variance was approved and in the intervening time,
we have not received an application for a building permit. We must receive a complete
application by May 15, 2003 for a building permit to either restore the home to its
original condition or to complete the approved addition. If you choose to complete the
approved addition, the property irons adjacent to the proposed construction shall be
located by a qualified land surveyor, exposed, staked and a string strung along the south
property line and any encroachments removed prior to issuance of the building permit.
Please call me at 763-509-5457 with any questions.
Sincerely,
Marie Darling
Senior Planner
Copy: Joe Ryan, Building Official
PLYMOUTH A Beautifu[Pface to Live
3400 PLYMOUTH BOULEVARD - PLYMOUTH, MINNESOTA 55447-1482 - TELEPHONE (763) 509-5000
owww.ci.plvmouth.mn.us
706.7 /,l5
Michelle Brousseau
3735 Wellington Lane
Plymouth, MN 55441
763-545-8689
May 6, 2003
City of Plymouth
Marie Darling Senior Planner
RE: Cantilever Addition at 3735 Wellington Lane North (2002145)
Dear Marie;
Thank you for the letter you sent me advising that a building permit must be
submitted by May 15, 2003. 1 was forced to delay moving forward until now as
had changed careers and I was overwhelmed with finishing my Masters program
in time for graduation.
Moving forward I am submitting application for the building permit today along
with verification that there are no encroachments over the property line. The
irons have been located, exposed, staked and a string strung along the south
property line by licensed qualified surveyor.
Please see the attached verification of the above mentioned property line as well
as a letter from me addressing the property line issue.
Thank you for your time and patients in this matter.
Sincerely,
Michelle Brousseau
Cc: Joe Ryan, Building Official
D
62003
CITY OF PLYMOUTH
COMMUNM DEVELOPMENT DEPARTMENT
Professional Land Surveyor
Kenneth G. Holmbeck
MN License # 18890
May 06, 2003
City of Plymouth
Building Permit Division
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
RE: 3735 Wellington Lane, Compliance of #3 Condition in Variance Approval
Resolution (2002145).
To Whom It May Concern:
Iron monuments along the southerly line the proposed construction at 3735 Wellington
Lane, Plymouth, MN (Lot 7 Block 4 Wellington Addition PIN #13-118-22-330038) have
been located by a licensed land surveyor exposed and a string strung along that line.
Sincere y,
Kenneth G. Holmbeck
Professional Land Surveyor
MN #18890
Michelle Brousseau
3735 Wellington Lane
Plymouth, MN 55441
763-545-8689
May 6, 2003
City of Plymouth
3400Plymouth Blvd,
Plymouth, MN 55447
Re: Compliance of Variance conditions in respect to Building Permit (see attached
confirmation). FYI.
To Whom It May Concern:
It is my concern that my next-door neighbors David and Cindy Bearman will never be
content or satisfied with anything I do to my property. They covet our property line and
have continued to make false accusations about my fence encroaching over the
property line.
I am intelligent, and know what I am dealing with in the Bearman's and would never
challenge their hostility by having anything of mine encroach on their property.
Furthermore I was advised when my fence was built to make sure it was built a few
inches over from the irons on my side of the property line to avoid conflict. Even with
these precautions taken the Bearman's have obsessed and complained.
It is my sincere hope that the Bearman's can put to rest their unfounded
obsession with the property line dividing our properties. If the issue of the
property line continues to be challenged and the Bearman's are allowed to
continue to slander and harass my character, I will file a lawsuit. In addition I will
revoke my request for the permit of the cantilever and replace it with a request of
a building permit for the same area for a side deck with an adjacent wall of four
panel plass French doors (not requiring a variance).
The Bearman's can pay for another survey if not satisfied, and then if I'm not satisfied
can order a survey, and if they were not satisfied they could pay for another and so
on... This could go on indefinitely with undue cost & stress. It is my understanding
from interviewing construction contractors as well as land surveyors that each time a
survey is done it is could be off by a few inches.
My life is positive and is very busy with much better things to do than deal with such
petty issues as an inch or two. That's why I technically gave the Bearman's a few
inches of my property when the fence was built.
Sincerely,
Michelle Brousseau
0510712003 10:24 7632496171
FROM :MICHELLE BROUSSEAU
May 06, 2003
City of Plymouth
Building Permit Division
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
KENNETH Ha-MBECK
F7nX NO. :763 512 ee 4
RE: 3735 Wellington Lstnt, Compliance of 43 Condition in V
Resolution (2002145).
To Whom 1t May Concern:
PAGE 02
a7 ?'w3 05-06rill P2
tonal Land Surveyor
n a- Holmbeck
xmsc 018890
At 3735 wellington Lane, Plymouth, MV (LAr 7 Block aWtllin¢ton ddition PIN t#13-
118-22-330035) along the southerly lure of the proposed construction locaw Mw
ezpueed the im monuments; and 1 strung string along drat line. The xpos.ed
mmnuments support that thcry aro no encroachments. -
SimceieJy,
ennerth G, Holmbeycck
ProtMlonal Lard Surveyor
MN # 18990
CITY OF PLYMOUTH
C0Ml49kITY DfVFLQft1tF41 DffARTMENr
FROM : FAX NO. : May. 15 2003 03:53PM P1
Survey Specialists
Central MN:
119 4" Avenue N.
P.O. Box 414
Sauk Rapids, MN 56379-0414
320-155.0171 Toil free V-/-727-0111
fax 320 -654 -Cl 72 oR 763-249-0172
May 14, 2003
Marie Darling
City Hall
1400 Plymouth Boulevard
Plymouth MN 55447 763-509-5457
Facsimile Transmission: 763- -5407
Metro:
17620 25"' Avenue N -
Plymouth, MN 55447
763-249-0171
RE: Micbelie Brousseau Properly Search, 3735 Vllseltington Lane, Plymouth, MN 5547
Dear Marie,
In response to your kern regarding the above refer,0;Rced work, the foilouing 1CWr UW trip to male ttungs ci=,
Mxfi&e asked us t* search ft r and k eitte monuments &-fining of the ". ttherl) line of hur property, and to tic astringlinebiu%vm) tie; ttro_ We 1nere also informed that she nw zonsidicring buik5ng a Pmpowd Mditiw off th,: south cnd of her Moine.
My technician Chris and I located momiffWnts a1 the presumed ends of Owj line_ One was an a,.roe:apJvid? 41 ' atc,n
ppe'pear a Jrkphom pe-*Ssaal at the V*N1 east ixwner c f the /src?pert3 .rd r»nshfr cis n capped iron ptpe near the
terminus of. wood fence, also it 2 feel south of it, near the solclh*est airmr fol -the projrrt}e Nor drove 4' lonamekodU -PO N hmjk%;J ual ely alongside tw manu cents and hence lied a siring hme between them_ We ad nnl verifyyrconfirmtheuccrim", of the jxwsirionc of the moaupnents ( e_g_ r v boundary determinator was )Wine} nor slid we
ssa .srsaey c a"s adrx d t'wt done_ Al -SO. dr, %Ood fence: %-as kxWod nort;4 of that line.
As l mmtkmW to you ytssterdav, lw advise clients (and io(.l go-vcw&)erts) that in fvk-,St caste four cl Tyxm1.j%rats are
auw.--'L- -zw at kmM rel4ivx4y res, INA &IdWg F s y a pa imir ry i rsii ativc step tnr cards of asue<j and such finding i5 not capelusive cvid ae cif a bOG-ndary tmrc-es or line_ We rj 4 this type of bcsi„ yegjf;sinab_ be , for M=,- la– - nmds or foll- detioFm z: ig som buWhg permit issues, but it is usually 110; apprapriatc for feFK-V,- ixxtct WAlon or txhea on -lime improveffwWs, for pianty-d iM,*Rovs A -Q 6esigncd e0vtar or ra=
utsliti, s_ yr for rArrrWX9tabtlns to =1CStatC pa3r,Jjasess> rte. This type of lvcati >n --voric is
unprofessional in rks[aue, sinct, it can and often is done by noprcFtssionais, 3vithout •Nati :S :.w.: Statute.
Fiery- if lhC1-- g a fir}- disputes I dmilk the City would not v.-ish to - .ir,vorlyeid in a "Civil" matter, not onlybecausefl%- mar' be 0VU-SttP,"ing their 1091 authority to do so, butt because: thw.- rmy F, -6-,t housasxis cases o
s ar 00to"r UnprM eg&-- paede cc m4,10kv o%•ar a bouad2ry hint iA P#}Ta=t11, WW to &-Z vrith ore; may
tom, tually require the City to ckai'v. ith them all.
Pk2sc call for any cluestians 3 ou may have.
Sincta-dy,
1K Holmbo* Lwmsed 1,and Surveyor
E EOd IU
it II 1Yri 1 5 203 J
763 512 0874
FROM :MICHELLE BROUSSEAU FAX NO. :763 512 0874 May. 13 2003 09:23AM P1
I
post -It' Fax Note 767 oa Z p"a9es
1 .i 0 ! ! Phon!Np 3 S-gFa ~G
Ci "S"Or-J - Se4 o
Fax
May 19, 2003
Marie Darling
Planning Dept
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
763-509-5457
Pte: Building Permit
Dear Marie,
I received a copy of the letter from the surveyor, thank you.
MAY I ?0M
DEPARTMENT
Michelle A. Brousseau
3735 Wellington Lane
Plymouth, MN 55441
Phone763-545-8689
FAX 763 512-0874
T faxed it to my attorney and we both concur that the letter once again confirms that I am
in compliance with section 3 of the variance resolution.
I agreed to have a professional surveyor locate and expose the property irons adjacent to
the proposed construction, to have that surveyor run stakes along the property irons and
strung string along the property line. These actions verified that there are no
encroaclunents upon the neighboring property line.
I need to know when I can pick up the building permit, as this process has been delayed
for too long and the contractors need to finish. As well as I need this to be complete as
my mother is moving in about 30 days with herwheel chair.
I have also bee advised that I should file a police report on the missing stakes and string
put along the property line by the surveyor. Have you written this in your report? Do
you have confirmation on who took the stakes and string?
I do not want to make things worse but if this were in reverse the Bearman's would have
called the police immediately.
Lets face it, if my fence was found to be 3" over the property line the Bearman's would
not be satisfied, they would say it should be 6". They will never accept anything I do.
They can pay for a survey if they like, but it is unlikely, as they know they are wrong
I suspect that's why the stakes disappeared) and will not spend the money. This is
entertainment to them at my expense and how they can get others to spend their money.
Michelle Brousseau
Cc. John Waldron, Attorney at Law
May 20, 2003
CITY OF
PLYMOUTR
Michelle Brousseau
3735 Wellington Lane North
Plymouth, MN 55441
Subject: Cantilever Addition at 3735 Wellington Lane North (2002145)
Dear Ms. Brousseau;
I received your letter dated May 19, 2003 requesting information on your building
permit. I have determined that condition #3 from Resolution #2003-103 (approving your
variance) has not been precisely met. The condition reads,
Prior to the issuance of building permit, the property irons adjacent to the proposed construction
shall be located by a qualified land surveyor, exposed, staked and a string strung along the south
property line. If it is determined by the surveyor that any improvements such as a fence or
landscaping encroach upon the neighboring property, any such encroachments shall be removed
prior to issuance of a building permit. If it is impractical because of weather conditions to remove
any such encroachments, the applicant shall submit a financial guarantee in the form of a cash
escrow or letter of credit equal to the cost of removing the encroachments to ensure that the work
shall be completed not later than July 1, 2003."
The letter submitted by your surveyor states that he (Mr. Ken Holmbeck) did indeed find
property monuments, installed stakes and strung a string between them, but did not
determine that that line was an accurate representation of the south property line. He has
stated in his letter, that typically such monuments do indicate the property line, but he
could not verify their accuracy in this instance without a boundary delineation. I had a
telephone conversation with Mr. Holmbeck that verbally confirmed this finding. I will
therefore hold your building permit application until more information is produced to
support the location of the property line.
My letter to you dated April 14, 2003 requested a complete building permit application
prior to May 15, 2003 for either the cantilever project or to restore your home to its
original condition. I acknowledge that you have made a good -faith attempt to meet that
deadline and therefore extend the deadline to June 2, 2003 to allow you to provide the
necessary information.
In your May 19, 2003 letter, you wondered if I had included the information in my report
concerning the disappearance of your property stakes. I have written no report
PLYMOUTH A Beautifu[Place to Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
www.ci.plymouth.mn.us
concerning your property since the staff report regarding your variance application for
City Council action.
Please call me at 763-509-5457 with any questions.
Sincerely,
Marie Darling
Senior Planner
Copy: Joe Ryan, Building Official
May 24, 2003
Mayor Judy Johnson
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
763-509-5007
Re: Compliance of Variance Resolution
Dear Mayor Judy Johnson,
Michelle A. Brousseau
3735 Wellington Lane
Plymouth, MN 55441
Phone 763-545-8689
FAX 763-512-0874
R E EIV E+i
I
1 0 M
CITY OF PLYUGUTH
CpARMtl41TY DEVELOPWNT DEPRP,TR4Lf
Please find enclosed a copy of #3 variance resolution that prior to my agreement I read
and interpreted as the wording was written.
Prior to the issuance of building permit,
The property irons adjacent to the proposed construction shall be located by a
qualified land surveyor.
Staked
And string strung along the south property line.
If it is determined by the surveyor that any improvements such as a fence or
landscaping encroach upon the neighboring property
Any such encroachments shall be removed prior to issuance of a building permit.
If more than what was written in #3 was needed it should have been stated as such.
In good faith I complied with #3 variance resolution word for word.
The property irons adjacent to the proposed construction were located by a
qualified land surveyor.
The irons were staked by the professional surveyor.
String was strung along the south property line by the professional
surveyor.
It was determined by the surveyor that there were no encroachments as
stated in one letter from surveyor and that the fence was north of the line
stated in a third letter.
Never was I told or was it written that I was responsible for a boundary
determination, which would entail a full survey. If the condition was a full survey to
determine the property line the variance resolution should have stated as such.
I have been overwhelmed with the stress and time that my variance request for 20" has
brought to my family and myself. I find it profoundly sad the lack of support I have
received from the city of Plymouth in this matter. Were as the City of Plymouth see's fit
to support the Bearman's with every issue they can concoct. Not to forget the variance
they were granted in 1997 to build closer to the street than any home in the Wellington
Addition and in 1991 the Klein's across the street from me were granted a variance to
build only 7 ft from the property line (even if it borders the path way that space belongs
to al tax payers).
I sincerely believe the city of Plymouth has granted favoritism in the above neighbor's
variances and therefore encouraging the Bearman's with the City of Plymouths support in
every issue the Bearman's can imagine.
My mother, who was planning on moving to my home in June, now has to look else
where for care as the planned addition in my kitchen to help accommodate her wheel
chair has not been realized. Furthermore the cost of her care will be extensive and
unnecessary.
Sincerely,
Michelle Brousseau
Enclosed copies: 3 different letters from surveyor
3 Variance Resolution
Current letters sent by Michelle to City of Plymouth Planning Dept.
City Council Meeting minutes, Mr. Bearman's statement.
CC: Wagner, Falconer & Judd, LTD.
3500 IDS Center
80 South Eighth Street
Mpls. MN 55402
CITV OF
June 12, 2003 PLYMOUTR
Michelle Brousseau
3735 Wellington Lane N.
Plymouth, MN 55441
Dear Michelle:
I have received a copy of your letter dated May 24, 2003, which was addressed to Mayor Judy
Johnson. In your letter, you indicate that you disagree with staff's interpretation that Condition #3 of
Resolution 2003-102 approving the variance for your cantilever addition has not been precisely met.
Please be aware that if you disagree with staff s decision, you have the right to appeal to the City
Council as provided by Section 21035 of the Zoning Ordinance. There is no cost to you to file an
appeal, but you do need to officially submit it to me in my capacity as the Zoning Administrator. Your
letter provides all the information needed. If you wish to have it submitted to the City Council for
review as a formal appeal, please let me know as soon as possible. The appeal must be filed within
thirty days of the order being appealed. In this case the time will expire 30 days after Marie Darling's
May 20 letter to you-- on June 19, 2003.
On June 4, we received your application for a building permit for a deck along the south side of your
house. The plan submitted shows "4 Panel French Doors" in the location of the cantilever addition. If
you wish to proceed with the deck, we will approve the building permit with the condition that as part
of the project the cantilever addition shall be removed and replaced with the French doors indicated on
your plan.
Please let me know as soon as possible if you wish to proceed with an appeal or with the deck project.
My phone number is 763 509-5401.
Sincerely,
Anne W. Hurlburt, AICP
Community Development Director
Cc: Mayor Judy Johnson
City Manager Dwight Johnson
Senior Planner Marie Darling
File 2002145
PLYMOUTH A Beautific(Pface to Live
3400 PLYMOUTH BOULEVARD • PLYMOUTH, MINNESOTA 55447-1482 • TELEPHONE (763) 509-5000
D °I," ' www.b.plymouth.mn.us
June 19, 2003
Anne W. Hurlburt, AICP
Community Development Director
City of Plymouth
Dear Anne:
Thank you for your letter explaining my right to appeal to the City Council as provided by Section
21035 regarding your staff decision. I do disagree with the staffs decision as stated in my letter to
Mayor Judy Johnson dated May 24, 2003.
You may on my behalf submit my appeal. Please be advised that I will not be able to go before the City
Council. Due to the added stress in my dealings with my variance request and my good faith effort to
comply with # 3 variance conditions I have developed a condition and I am currently under a doctors
care. I must avoid any additional stress.
Please be advised that police reports have been filed on the following events ( copy of police
reports are included and a taped copy of both phone messages):
May 06, 2003 Kenneth G. Holmbeck, licensed surveyor and crew exposed irons on the southern
property line, staked the irons and strung string between stakes at 3735 Wellington Ln.
May 12, 2003 after 8:30 PM and before May 13, 2003 6:30 AM- 3 Surveyor Stakes and the string
strung (approx.198 ft of string) between them had been stolen from the south side property line. The
main suspect in this theft, the Bearmans.
Following this event and seeking a second opinion 1 called virtually every surveyor in the Yellow Pages
only to find that they were booked out at least 4 weeks or more. Most did not want to get involved in a
property line dispute and nor be involved with the city in this matter. Some just would not travel any
distance as they can pick and chose their work.
Finally Kim Rehn of Precision Survey of Plymouth agreed to come out when the opportunity of time
was available.
On May 06, 2003 at approx. 4:00 PM surveyor Kim Rehn of Precision Survey came to my property
I was not home at the time). As Kim proceeded with his work to survey, both Cindy and David
Bearman harassed him to the point that he walked off the job.
Upon my return home I recovered a phone voice message left by Kim Rehn, stating, "life was too
short to put up with the actions of my neighbors and that I should find another surveyor and I should
move.
The following day Cindy Bearman left a phone voice message, virtually supporting what Kim Rehn
had said. I called Kim for a clear understanding on the matter and he said it was both Cindy and David
whom interfered with his attempt to survey.
As you could only imagine I am done dealing with any further actions and costs related with surveying
the side property line. I feel I have complied., and in good faith. Life is too short and my health too
important. I feel I should be granted the building permit for the cantilever addition.
Sincerely /
f
Michelle Brousseau
Included: Copies of 2 separate police reports.
A tape- with copy of voice message from Kim Rehn, followed by a voice message from
Cindy Bearman.
cc: Wagner, Falconer & Judd, LTD.
3500 IDS Center
80 South Eighth St.
Mpls. MN 55402
Plymouth Police Department
3400 Plymouth Blvd. • Plymouth, MN 55447
763) 509-5160
fax: (763) 509-5167
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Plymouth Police Department
3400 Plymouth Blvd. • Plymouth, MN 55447
763) 509-5160
fax: (763) 509-5167
Moll:Type
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Person 2 (,-mplainant Victim Witness Mentioned
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address home phone work phone
j city, state, zip school misc./insurance
drivers license White African Am Am Indian Hispanic Asian
race Other
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solvability factors photos taken forced entry domestic/vic info victim will prosecute SFD
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Transcript of Audiotape Submitted by Michelle Brousseau in Support of Appeal
Received June 19, 2003
Plymouth Community Development Department
File # 2002145
Message #1
4:32 p.m.
Michelle,
It's Tim of Precision Surveyors - I was just at your place ... ah, gonna take your lot line. Those
strange neighbors are glaring at me... looking over my shoulder ... ah, pretty uncomfortable. You're
gonna have to find somebody else. Life's too short. Sorry, but ah thanks, they brought out a survey
from Schoell & Madson. You might want to give them a call
Message #2
Thursday 10:37 a.m.
Michelle,
Hi, it's Cindy Bearman. I came over just a couple minutes ago. I don't know if your doorbell works
or not. Om, it's about 10:30 10:35, anyway. Om, I wanted to apologize to you about what
happened yesterday when your survey man came out. And I have had a talk with David ... and, om,
you're supposed to take a survey and by all means, you go ahead and do so. And I can promise you
one thing, and that is that David will notget in anyone's way again. Like I said, I will make sure to
that, to see to it. And so again, I apologize for what happened yesterday. Like I said, I came over to
tell you in person, but, om, by all means just go ahead and do whatever it is that you're supposed to
do or whatever and I will make sure that David stays out of who's ever there, out of their way. Om,
anyway, thanks. Bye.
cdjCorresWhurlburt\brousseau phone msgs.doc
June 19, 2003
Mr. Dwight Johnson
City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Dear Dwight:
This letter is in reference to the variance and building permit applications submitted by
Michelle Brousseau at 3735 Wellington Lane. She had the property staked with a string
which was based on property irons that we believe have been moved, thus making her
survey inaccurate. In 1997 we had a survey that was certified by Schoell & Madson, Inc.
There is a definite discrepancy when one compares this survey with the stakes left
recently by a surveyor hired by Michelle Brousseau. Enclosed you will find a copy of
this certified survey. Schoell & Madson has the records on file for our original survey
which shows in detail the location of the markers, reference points, etc. For example, the
distance from the corner of our garage to the property line is 10.01 feet. Simple
measuring of this shows this discrepancy.
Thank you for your time and effort in this matter.
Yours truly,
David L. Bearman
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From: Dwight Johnson
Sent: Wednesday, June 25, 2003 1:25 PM
To: Anne Hurlburt
Subject: FW: Building permit for 3735 Wellington Lane
Original Message -----
From: MrsMug2@aol.com [mailto:MrsMug2@aol.com]
Sent: Wednesday, June 25, 2003 12:09 PM
To: Council
Subject: RE: Building permit for 3735 Wellington Lane
Dear Councilmembers:
This email is regarding Michelle Brousseau's building permit for 3735 Wellington Lane. We
have contacted the city before about the disagreement between Ms. Brousseau and us. We
recently received a copy of her appeal to you and we're troubled with the accusations.
We had agreed to give her the variance with the guarantee that she would take a certified
survey and remove any encroachments by July 1. So far, she has only hired someone to put
stakes and a string out on the property. This is not a certified survey and it has not
been accepted by the planning department because there is a difference of 6 inches between
our survey taken 5 years ago by Schoell and Madson, Inc and the placement of her stakes
and string.
We would like you to please contact us so you can come out to see and measure for
yourselves before making your decision on July 8. We will be out of town from July 1
through July 7. If you could contact us before then, we would appreciate it. We can be
reached at 763-544-3670. Thank your for your time and consideration.
Sincerely,
Cindy and David Bearman
1
CITY OF PLYMOUTH
RESOLUTION 2003 -
SUSTAINING AN APPEAL FROM THE CITY STAFF'S INTERPRETATION OF
CONDITION NO. 3 OF RESOLUTION 2003-103 CONCERNING A SIDE YARD
VARIANCE
WHEREAS, on January 7, 2003, the City Council approved Resolution 2003-103, a side
yard variance for the following described property:
Lot 7, Block 4, Wellington Addition, City of Plymouth, Hennepin County,
Minnesota ("subject property").
WHEREAS, paragraph 3 of the approving resolution provides:
Prior to the issuance of building permit, the property irons adjacent to the proposed
construction shall be located by a qualified land surveyor, exposed, staked, and a
string strung along the south property line. If it is determined by the surveyor that
any improvements such as a fence or landscaping encroach upon the neighboring
property, any such encroachments shall be removed prior to issuance of a building
permit. If it is impractical because of weather conditions to remove any such
encroachments, the applicant shall submit a financial guarantee in the form of a
cash escrow or letter of credit equal to the cost of removing the encroachments to
ensure that the work shall be completed not later than July 1, 2003.
WHEREAS, by letter dated May 20, 2003 Senior Planner, Marie Darling, informed the
subject property owner that the condition stated above had not been satisfied because a
surveyor had not located the southerly property line.
WHEREAS, the subject property owner has appealed the City staff's determination that the
condition has not been met.
106877.01 1
RNK:07/02/2003
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does sustain the appeal
based upon the following findings:
1. In a letter to the City dated May 06, 2003, the property owner's surveyor states:
At 3735 Wellington Lane, Plymouth, AN (Lot 7 Block 4 Wellington Addition PIN
13-118-22-330038) along the southerly line of the proposed construction I located
and exposed the iron monuments, and I strung string along that line. The exposed
monuments support that there are no encroachments.
2. Although the subject property owner has not obtained a professional survey, the
surveyor in a letter to Senior Planner, Marie Darling, dated May 14, 2003, states "in
most cases found monuments are accurate or at least relatively so."
3. The subject property owner has complied with the requirements of paragraph 3 of
Resolution 2003-103. Paragraph 3 requires verification of the boundary based upon
the property irons adjacent to the proposed construction." This was done.
Paragraph 3 does not require a professional survey.
ADOPTED by the City Council on 92003.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
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 , 2003.
City Clerk
106877.01 2
RNK:07/02/2003
CITY OF PLYMOUTH
RESOLUTION 2003 -
DENYING AN APPEAL FROM CITY STAFF'S INTERPRETATION OF CONDITION
NO. 3 OF RESOLUTION 2003-103 CONCERNING A SIDE YARD VARIANCE
WHEREAS, on January 7, 2003, the City Council approved Resolution 2003-103, a side
yard variance for the following described property:
Lot 7, Block 4, Wellington Addition, City of Plymouth, Hennepin County,
Minnesota ("subject property").
WHEREAS, paragraph 3 of the approving resolution provides:
Prior to the issuance of building permit, the property irons adjacent to the proposed
construction shall be located by a qualified land surveyor, exposed, staked, and a
string strung along the south property line. If it is determined by the surveyor that
any improvements such as a fence or landscaping encroach upon the neighboring
property, any such encroachments shall be removed prior to issuance of a building
permit. If it is impractical because of weather conditions to remove any such
encroachments, the applicant shall submit a financial guarantee in the form of a
cash escrow or letter of credit equal to the cost of removing the encroachments to
ensure that the work shall be completed not later than July 1, 2003.
WHEREAS, by letter dated May 20, 2003 Senior Planner, Marie Darling, informed the
subject property owner that the condition stated above had not been satisfied because a
surveyor had not located the southerly property line.
WHEREAS, the subject property owner has appealed City staff's determination that the
condition has not been met.
106874.01 1
RN K:07/02/2003
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the appeal
based upon the following findings:
1. In a letter to Marie Darling dated May 14, 2003, the property owner's surveyor
states:
My technician Chris and I located monuments at the presumed ends of that line:
One was an uncapped? %Z " iron pipe near a telephone pedestal at the southeast
corner of the property and another was a capped iron pipe near the terminus of a
wood fence, about 2 feet south of it, near the southwest corner of the property. We
drive 4' long metal U -posts immediately alongside the monuments and hence tied a
string line between them. We did not verb or confirm the accuracy of the positions
of the monuments (e.g. no boundary determination was made) nor did we set survey
stakes along that line. Also, the woodfence was located north of that line.
X x x
This type of location work is unprofessional in nature, since it can and often is done
by non-professionals, without violating the Statute.
2. A 1997 survey by Schoel & Madson, Inc. of the abutting property to the south
indicates that the southerly property line on the subject property may not have been
properly located.
3. The purpose of the paragraph 3 condition was to make a boundary determination to
verify that there are no existing encroachments onto the neighboring property. This
has not been accomplished.
4. A professional survey is needed to verify the southerly boundary of the subject
property.
ADOPTED by the City Council on , 2003.
106874.01 2
RNK:07/02/2003
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
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 , 2003.
City Clerk
106874.01 3
RNK:07/02/2003
Page 1 of 2
Sandy Paulson
From: Dwight Johnson
Sent: Tuesday, July 08, 2003 1:28 PM
To: Council Members
Cc: Sandy Paulson
Subject: FW: Copy of email received
Original Message_____
From: MrsMug2@aol.com [maiito:MrsMug2@aol.com]
Sent: Tuesday, July 08, 2003 1:26 PM
To: Anne Hurlburt; Dwight Johnson; Judy Johnson
Subject: Copy of email received
Today we received an email from Michelle Brousseau that we thought you would want to see. We'd appreciate it if
you could forward it to all council members for tonight's meeting. Thanks for all your help in this situation.
Cindy and David Bearman
Email received July 8, 2003 from mabrousseau@msn.com:
Cindy & David,
wil not aftept to have another survey, I am done. Your interference & harassment w/ the last surveyor has
only displayed to me that you are obsessed & out of control. You will never be satisfied unless you have conflict
drama in your lives. You both chose to sabotage the very thing you demanded, a survey that I or someone
beside your selves will pay for.
In good faith I have tried numerous times to extend peace & acceptance to you. Your animosity has only
increased toward me & this is not in the best interest of our neighborhood. Keep in mind you could have worse
neighbors than myself.
Anne Huburt contacted me in regard to apealing the staffs decisision on the first surveyors findings. (I believe
Anne did this with your best interest in mind as I had already applied for a different permit for my deck & glass
doors.) After a conversation w/ Mayor Johnson I decided to hire one more survey for support of the findings of the
first survey & #3 of variance. I am done & I will not spend any more time or money on this matter.
Bearing the out come of the City Council decission, my home will not return to its original state.
My first choice would be to complete the 20" cantilever. As my next door neighbor I would think that would be
yours as well as it would be far less intrusive than the alternatives.
My second choice which I have been told a permit will be issued, is to have a full side deck w/ adjacent four panel
glass doors. The deck would extend out at the narrowest point four feet from my home then widen toward the
front. This will offer better access to the side yard for my dogs, grilling, storage & for my guests that smoke. As
my next door neighbor I woud think that this would be far more intrusive encouraging several daily activities that
would then take place between our homes.
am not playing your game, as this is not about winning to me, there are no winners. In the past several years as
you have attempted to create hardship for me through your revenge the results have always turned out positive,
my pool, my fence, my friends in the neighborhood etc. I know this will turn out for the best as well, as I turn all
negatives into positives. That is who I am.
Please understand if my appeal is not favored my attorney's have prepared two lawsuits that are ready to be
filed.
One of the law suits will be against both of you.
7/8/2003
Page 2 of 2
Michelle Brousseau
7/8/2003
Page 1 of 1
Sandy Paulson
From: Dwight Johnson
Sent: Tuesday, July 08, 2003 11:34 AM
To: Anne Hurlburt; Council Members
Cc: Sandy Paulson
Subject: FW: Response to Bearman correspondence on Building permit 3735 Wellington Lane.
Original Message -----
From: Michelle Brousseau [mailto:mabrousseau@msn.com]
Sent: Tuesday, July 08, 2003 9:41 AM
To: Dwight Johnson
Subject: Response to Bearman correspondence on Building permit 3735 Wellington Lane.
Dear Dwight Johnson, Anne Hulburt, & Council Members:
Through all of my dealings w/ the City of Plymouth I have tired to repect the chain of comand.
Going through the proper channels as encouraged. I have been aware since 1997 that the
Bearmans go directly to Dwight Johnson City Manager or Joe Ryan, Buiding Official w/ complaints
or isues about me expecting special attention.
I would hope that the Bearmans have not been favored for their actions.
In reference to to Bearman's letter to you referring to their August 11, 1997 certified survey by
Schoel & Madson. The Bearman's use the example of the distance from the corner of their garage
to the property line as 10.01 feet. Using this example is conventent but may not be accurate. The
survey they refer to was done prior to the construction of their garage. The drawing of the
proposed garage is on the survey. The garage addition may not have been built as acurate as it
was propsed. It is my understnding from working w/ your fornt desk the side yard set back is
measured at a slight angle from the building toward the back of the property line.
The above mentioned might explain the discrepency the Bearmans have addresed. My certified
survey by Calvin H. Hedlund is also on file w/ details. My fence can be measured off my home &
that survey as well.
In the Bearmans email to you 6-25-03; the Bearmans claim they are "troubled" by the accusations
in my appeal. They did not deny the accusations of sabotage as the accsations are true &
documented not to mention video taped by my security surveillance camera.
Furthermore, the Bearmans claim they agreed to give me the variance. ????
Lastly, the Bearmans claim the property irons are off by 6". On June 26, 2003 at 6:30 PM the
Bearmans were on the property line measuring, staking, & moving said items. I visually suspect if
the irons were moved it was at the hands of the Bearmans trying to force an additional survey,
keeping the conflict and drama going. As far as I am concerned they can pay for the next survey.
I am done.
Furthermore, I for one am tired of the Bearmans wasting my time & tax dollars on their revenge &
their need for special attention.
Thank you for your time in the matter.
Michelle Brousseau
3735 Wellington Lane
7/8/2003