HomeMy WebLinkAboutCity Council Packet 10-08-2002CITY OF PLYMOUTH
AGENDA
REGULAR COUNCIL MEETING
OCTOBER 8, 2002, 7:00 p.m.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PLYMOUTH FORUM—Individuals may address the Council about any item not contained
on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15
minutes are not needed for the Forum, the City Council will continue with the agenda. The
City Council will take no official action on items discussed at the Forum, with the exception of
referral to staff or Commission for future report.
4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS
4.01 Osseo School District Referendum (Supt. Chris Richardson)
4.02 Presentation on “City County Communications and Marketing Award”
Communications Manager Helen LaFave and Environmental Education Coordinator
Margie Vigoren)
4.03 Presentation on City Photo Contest (Communications Manager Helen LaFave)
4.04 Announcement of Fire Department Open House (Fire Chief Rick Kline)
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 – additional material
6.02 Approve Disbursements (Res2002-450)
6.03 Appoint Election Judges for November 5 General Election (Res2002-451)
REGULAR COUNCIL MEETING
October 8, 2002
Page 2
6.04 Approve Conditional Use Permit to allow a monopole antenna tower and related
ground equipment in the Forestview Lane right-of-way located roughly 725 feet south
of the South Highway 55 Service Road. Qwest Wireless LLC. (2002103 – Res2002-
452)
6.05 Approve the Land Exchange Agreement, the Trailway Cooperative Agreement, the
Lake Camelot Cooperative Trail Agreement, and the Public Trailway Easement and
Agreement with Three Rivers Park District (Res2002-453, Res2002-454, Res2002-
455 & Res2002-456)
6.06 Approve application for Lawful Gambling exemption for Kimberly Lane Elementary
School PTA (Res2002-457)
6.07 Approve Variance to encroach 2.8 feet into the required 15 foot side yard setback to
allow construction of a 12 foot by 22 foot two-story addition for property located at
2415 Garland Lane. Paul and Marna Skarstad. (2002110 – Res2002-458)
6.08 Approve Grant Agreement with the State of Minnesota, Commissioner of Public
Safety, Alcohol & Gambling Enforcement Division for underage compliance check
reimbursement (Res2002-459)
6.09 Approve Federal Grant for COPS School Program to fund one additional school
liaison officer position (Res2002-460)
6.10 Approve Construction Cooperative Agreement with Hennepin County for County
Road 101 Improvements from Trunk Highway 55 to County Road 47 (1026 –
Res2002-461)
6.11 Approve request to the Minnesota Department of Transportation for a Speed Study on
Old Rockford Road from County Road 9 to Highway 55 (Res2002-462)
REGULAR COUNCIL MEETING
October 8, 2002
Page 3
6.12 Approve Transit Capital Grant Agreements with the Metropolitan Council (Res2002-
463, Res2002-464 & Res2002-465)
6.13 Approve Change Order No. 2 and Hilde Performance Center Final Payment – CDP
Sewer & Water (Res2002-466)
6.14 Approve Revised Bias/Hate Crime and Bias Incident Response Plan (Res2002-467)
6.15 Refer request for comments on 2003 legislative priorities from Minnesota Lakes
Association to the Environmental Quality Committee (requested by Councilmember
Stein)
6.16 Approve Extension on Demolition of Property at 6010 Troy Lane (Res2002-468)
7. PUBLIC HEARINGS
7.1 Application for On-Sale Intoxicating and Sunday Liquor licenses for Plymouth Jakes,
Inc. d/b/a Jake’s Sports Café, 3005 Harbor Lane (Res2002-469)
8. GENERAL BUSINESS
8.1 Consider Purchase Agreement for City-owned property at 4020 County Road 101
9005 – Res2002-470)
8.2 Consider Options for finishing the lower level of the Plymouth Creek Center
8.3 Schedule Future Study Sessions (Mayor Tierney)
9. REPORTS AND STAFF RECOMMENDATIONS
10. ADJOURNMENT
lO per capita
dues increase for members of the Commission to support this effort.
Mayor Tierney spoke of the need to integrate transit options to assist in moving the
traffic. She also noted the air quality funds that are received by the Federal Government.
She is pleased with the Commission’s activities the past few months.
24,2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Johnson, Harstad,
Slavik, Stein and Black.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Community Development Director Hurlburt,
Planning Manager Senness, Park and Recreation Director Blank, Public Works Director
Faulkner, and City Clerk Paulson.
Discussion on I-494 Commission
Planning Manager Senness discussed the I-494 Corridor Commission staff report which
included the background, activities, time commitment, budget impact, and advantages
and disadvantages of Commission membership. She stated any of the member cities
could have the option of withdrawing from the joint powers agreement effective on
January 1 by providing written notice to the Commission prior to October 1 of the
preceding year.
She noted that the Commission’s current projects include working to obtain increased
funding to expand and improve I-494, working to accelerate I-494 reconstruction efforts,
and working on traffic management and travel demand management plan. She stated that
the Commission has hired a consultant, Ross Thorfinnson, Jr., to assist with the
Commission’s efforts to obtain additional funding and accelerate construction timetables.
Mr. Thorfinnson concluded that a wider group would be needed in order to make a
significant impact at either the State or the national level. Therefore, an advocacy group
called MOVE has been established, and this group would be a coalition of business,
industry and municipal leaders concerned about the growing need and continued lack of
investment in the areas of I-494 and I-35W. The I-494 Corridor Commission has pledged
30,000 to join this new organization. There would be an increase of
5:30 p.m. in the Public Safety Training Room, 3400 Plymouth Boulevard, on September
24,2002
A Special Meeting of the Plymouth City Council was called to order by Mayor Tierney at
Proposed Minutes
Special Council Meeting
September
Hurlburt noted that City residents use the entire I-494
corridor; therefore, this is more of a regional effort.
2008/2009, but that has been delayed to 2012.
Councilmember Harstad stated he isn’t as concerned about the funding, but he feels the
Highway 55 Commission would benefit the City more.
Mayor Tierney stated the Highway 55 Commission is currently a right-of-way
preservation project that is 20 to 40 years in the future.
Councilmember Hewitt commented that she supports the MOVE effort.
Community Development Director
135W area, there wouldn’t be that great of a benefit to the
City.She stressed that she is not advocating that the City shouldn’t be a member, but she
wanted to address her concerns.
Councilmember Stein asked if the City weren’t a member of the Commission, would the
City be negatively impacted.
Mayor Tierney stated yes, especially with bad air quality from vehicles’ exhaust fumes.
Councilmember Stein stated the City’s membership dues are for lobbying efforts, and it is
a “price of doing business.”
Councilmember Johnson asked when any improvements to I-494 would be made in the
Plymouth area. Planning Manager Senness replied improvements were originally
scheduled for
Hurlburt added that
MOVE could receive funds from businesses for lobbying purpose whereas the
Commission couldn’t receive funds.She stated the City isn’t a direct member of MOVE,
and the Commission funds MOVE.
Councilmember Slavik voiced her concern that there doesn’t seem to be a concentration
of efforts by the Commission whereby the City would benefit.It appears that the
Commission’s efforts are focused south of Plymouth.In addition, with MOVE
concentrating on the I-494 and
24,2002
Page 2 of 3
Councilmember Black asked if it is mandatory for the member cities to belong to the
Commission and MOVE.Planning Manager Senness replied that if cities only belonged
to MOVE, they would lose the time management portion. She stated each group
specializes in separate areas. Community Development Director
Proposed City Council Minutes
Special Meeting of August
6:55 p.m.
Sandra R. Paulson, City Clerk
Study Sessions
Councilmember Hewitt requested to add a discussion of the pump station at Autumn
Hills to the pending Study Session list. Councilmembers Stein and Black supported this
request.
Motion was made by Councilmember Stein. and seconded by Councilmember Hewitt, to
discuss future Study Sessions at the Regular Council Meeting to follow this Study
Session. With all members voting in favor, the motion carried.
Adiournment
Mayor Tierney declared the meeting adjourned at
24,2002
Page 3 of 3
Set Future
Proposed City Council Minutes
Special Meeting of August
36* Place North, stated she is a volunteer mediator for the North
Hennepin Mediation Program.She requested that the Council consider maintaining and/or
increasing their contribution to this program.
Mayor Tierney thanked Ms. Chesebrough for addressing the Council and stated that the Council
would be discussing the social service agencies’ budgets prior to final approval of the budget in
December.
Kay, with Home Free Community Programs, 4309 Kilmer Lane, invited the Council to attend a
vigil for domestic violence on October 6 at 6:00 p.m. at Parkers Lake Pavillion. She stated this
vigil is for women and children who have lost their lives due to domestic violence.
Councilmembers Heweitt, Johnson, and Black stated they would be attending the event.
Councilmember Johnson suggested that notice of this event be on Channel 16.
Councilmember Hewitt thanked the Police Department for actively working with this
organization.
Presentations and Public Information Announcements
4.01) Business Environmental Champion Awards
Solid Waste Coordinator Hageman announced that Honeywell Solid State Electronic Center and
Progress Casting Group Inc. are the 2002 Business Environmental Champion Award winners.
Awards were presented to the recipients by Mayor Tierney and the Council.
24,2002.
COUNCIL PRESENT: Mayor Tierney, Councilmembers Hewitt, Slavik, Black, Harstad,
Johnson, and Stein.
ABSENT: None.
STAFF PRESENT: City Manager Johnson, Assistant City Manager Ahrens, Fire Captain Hurr,
Community Development Director Hurlburt, Public Works Director Faulkner, Park and
Recreation Director Blank, Police Chief Gerdes, Building Official Ryan, Planning Supervisor
Senness, Solid Waste Coordinator Hageman, Recreation Supervisor Greupner, City Forester
Buck, City Attorney Knutson, and City Clerk Paulson.
Plvmouth Forum
Karen Chesebrough, 11255
24,2002
Mayor Tierney 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 September
Proposed Minutes
Regular Council Meeting
September
Kristina Korsmo, Coordinator for CONECT Collaborative, discussed their program. She stated
that their organization has been in existence for seven years.She stated their organization
reaches out to financially struggling families and children who reside in six apartment complexes
in the City.She thanked the City for their continued support of their program.
Approval of Agenda
Councilmember Harstad requested to add a brief report on municipal bonds as item No. 9.1
under Reports and Staff Recommendations.
Councilmember Hewitt requested to add the scheduling of future Study Sessions as item No. 9.2
under Reports and Staff Recommendations.
Motion was made by Councilmember Black, and seconded by Councilmember Slavik, to
approve the amended agenda. With all members voting in favor, the motion carried.
27* Avenue North.
4.04) Teen Concert
Police Chief Gerdes reported on the Teen Concert to be held on October 12 from 2:00 p.m. to
9:00 p.m. at the Hilde Performance Center. He stated the Teens Driving Safe NHTSA Grant
project would be funding this event along with Target Corporation. He stated high school
students from Hopkins, Maple Grove, Minnetonka, Osseo, Robbinsdale, and Wayzata school
districts are invited to the free concert, and the concert would be a chemical free event and would
address safe driving concerns.
Councilmember Johnson thanked the Police Department and others for coordinating this event,
and she requested that a notice of this concert be on Channel 16.
4.05) CONECT Collaborative
F Environmental (Abbey Glaze, Jacob
Fantel, et al) for the American Spirit Garden at Parkers Lake Playfield, the Steward ’s Award to
Ruth Buezis on behalf of the Plymouth Covenant Church, 4300 Vicksburg Lane, and the
Mayor’s Award was presented to Tim Scott, 10300
5th Annual Plymouth on Parade and other
activities to be held on October 5.
4.03) Planting Plymouth Proud Awards
City Forester Buck announced this year’s Planting Plymouth Proud Awards. Mayor Tierney and
the Council presented the Children’s Award to G
24,2002
Page 2 of 13
4.02) Plymouth on Parade Presentation
Recreation Supervisor Greupner reported on the
Proposed Council Minutes
Regular Meeting of September
Res2002-436).-
Rockford Glen Addition (94155
Res2002-43 5).
6.08.1) Resolution Reducing Required Financial Guarantee for
Res2002-433), and a Resolution Ordering Hearing on Proposed Assessment for Nathan
Lane/Lancaster Lane Street Improvements (10 14
2001-
Res2002-434), Resolution Ordering
Hearing on Proposed Assessment for 2002 Street Reconstruction, Schmidt Lake Area
Res2002-432),
Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment for
Nathan Lane/Lancaster Lane Street Improvements (10 14
Res2002-43 1).
6.07) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 2002 Street Reconstruction, Schmidt Lake Area (2001
Rockford Road (2009
Res2002-430).
6.06.2) Resolution Awarding Bid for Traffic Control System and Turn Lane for Peony
Lane/Old
Res2002-429).
6.06.1) Resolution Awarding Bid for County Road 101 Landscape Improvements Project (9005
Res2002-428), and a Resolution Adopting Assessments for Watermain Area (2036-
34* Avenue and East of Pilgrim Lane
2002012-F
Res2002-427).
6.05) Resolution Approving Final Plat and Development Contract for ZB Construction, Inc. for
Sunrise Marsh” Addition for Property located South of
36*
Avenue North (2002106
Res2002-426).
6.04) Resolution Approving a Conditional Use Permit to allow Operation of an Automobile
Touch Up Paint Business and a Variance for Parking Setback for Property located at 9625
Res2002-425).
6.03) Resolution Approving Site Plan Amendment, Conditional Use Permit Amendment for an
Expansion, Conditional Use Permit for Height, Interim Use Permit for reduced Parking, and a
Fire Lane Variance at Peace Lutheran Church located at 3695 County Road 101 (2002099
14,2002
by Councilmember Johnson, to
approve the amended Consent Agenda, which included the following items:
6.01) Regular Council Meetings of August 27 and September 9, Special Council Meeting of
September 3.
6.02) Resolution Approving Disbursements for the Period ending September
24,2002
Page 3 of 13
Consent Agenda
Mayor Tierney asked if there were any additions, corrections, or deletions to be made to the
Consent Agenda.
Motion was made by Councilmember Slavik, and seconded
Proposed Council Minutes
Regular Meeting of September
Hurlburt replied staff has been reviewing the location of the watermain to
make sure it’s in the best location in relationship to the requirements of the tree preservation
ordinance.
Councilmember Harstad stated regarding item No. 6.11, the Council previously discussed using
tax abatement revenues and tree preservation funds for affordable housing. Mayor Tierney
stated this could further be reviewed by staff.
Res2002-447).
Councilmember Hewitt thanked the Park and Recreation Advisory Commission for making the
recommendation to rename Mud Lake Park to Lake Camelot Park (item No. 6.12).
Councilmember Johnson congratulated Peace Lutheran Church on their proposed expansion
item No. 6.03). She asked if this addition would affect relocating the watermain. Community
Development Director
Res2002-446).
6.15) Resolution Approving Wetland Replacement Plan for Cascades Development (2002058
Res2002-445) and a Resolution
Ordering Public Hearing on Proposed Assessment for 2002 Weed Eradication and Destruction,
Roll 1
1
Res2002-444).
6.14.2) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 2002 Weed Eradication and Destruction, Roll
Res2002-443), and a
Resolution Ordering Public Hearing on Proposed Assessment for 2002 Removal and Destruction
of Diseased Trees, Roll 1
Res2002-442).
6.14.1) Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed
Assessment for 2002 Removal and Destruction of Diseased Trees, Roll 1
Res2002-441).
6.13) Resolution Approving 2002-2003 Membership Dues in League of Minnesota Cities
Res2002-440).
6.12) Resolution Renaming Mud Lake Park
Res2002-439).
6.11) Resolution Approving Change Order No. 2 for Plymouth Boulevard Median
Improvements (2003
Res2002-438).
6.10) Resolution Approving Winter Trails Activity Report
Res2002-437).
6.09) Resolution Amending the Development Contract for the Reserve Addition (20092
24,2002
Page 4 of 13
6.082) Resolution Reducing Required Financial Guarantee for Jordan ’s Ridge (2002004
Proposed Council Minutes
Regular Meeting of September
1, staff received correspondence from Jeffrey Mastro (attorney for
the developer) indicating that in his opinion the developer is not authorized nor required to
remove them from the “Little Peninsula” property by the Council resolution.
18-22-44-
0006). He stated that James Touve is the owner of the property, and he sold the property on
which the Candlewood Suites (formerly “Homestead Village”) extended-stay hotel has begun
construction.Wetland mitigation for the hotel site was to occur on the Little Peninsula, which
was owned by Homestead Village. He noted that Mr. Touve received ownership of the
peninsula property as part of the payment for the hotel site.
He stated on August 5, 1998, the Council approved the Site Plan, Conditional Use Permit,
Interim Use Permit, and Variances for Homestead Village for property located south of Highway
55, west of Highway 169, and east of Nathan Lane. He stated condition No. 10 of the resolution
states that “any existing junk materials or debris located on the ‘Little Peninsula” shall be
removed from the property and disposed of properly in accordance with City Ordinances. ” In
addition, the Council adopted a Resolution whereby accepting the donation of the Little
Peninsula for park purposes, subject to conditions. Condition (b.) of this Resolution states that
all hazards on the property shall be cleaned up.” He stated after these Resolutions were
adopted, the developer decided to transfer ownership of the site to Mr. Touve and not donate it to
the City.
He indicated as the wetland mitigation was under construction in the fall of 2001, the contractor
performing the site grading for the developer asked City staff whether the existing concrete
foundation walls on the site could be buried in the fill. Staff informed the contractor that the
foundation could not be buried and should be removed. At about the same time, Mr. Touve
became aware of this, and indicated that he did not want the foundation material to be buried,
and that in his opinion, the foundation systems were considered debris and therefore should be
removed as a requirement of the mitigation. The developer of the property felt that removal of
the foundations was not covered as part of the required mitigation cleanup efforts, therefore was
not willing to do so because of the additional cost.
He stated on October 23,200
26-l
24,2002
Page 5 of 13
The motion carried to approve the amended Consent Agenda.
Public Hearings
There were no public hearings).
General Business
8.1) Consider Resolution and Order of Abatement of Hazardous Excavations located on
the “Little Peninsula” of Medicine Lake
Building Official Ryan reported on the proposed Resolution and order for the abatement of three
hazardous excavations located on the “Little Peninsula” of Medicine Lake (PIN
Proposed Council Minutes
Regular Meeting of September
Hurlburt referred to correspondence dated September 23,
2002 from Mr. Touve to the Council whereby Mr. Touve is requesting that the crushed
1,2002.
He stated the requested action is consistent with the procedure set forth by Minnesota Statute for
hazardous excavations. He noted that an inspection of the property performed on August 12,
2002 revealed no physical change to the existing condition of the three abandoned foundation
wall systems since the initial inspection of the property in November 2001. He stated the next
step is for the Council to adopt the Resolution authorizing the City Attorney to serve the order
and to proceed with enforcement in accordance with Minnesota Statutes, which would allow the
City to demolish and remove the foundation/floor systems, fill in the open excavations and
assess all related costs against the property.
He noted that it wouldn’t be until after a freeze late this fall before Mr. Touve could proceed
with the demolition due to the condition of the ground from the heavy rainfalls that were
received this past summer.
Councilmember Harstad asked if the hazardous material could be crushed and disposed of on
site. Building Official Ryan replied there couldn’t be any reduced rock in greater diameter than
12”.In addition, it would be prudent to remove the material from the site in case there would be
any future development of the site where the materials could affect the stability of the soil.
Community Development Director
three existing foundations from his property. On February 1,
2002, he sent Mr. Touve a certified letter granting him an extension to remove the existing
foundations from the property by July
28,2002, he received correspondence from Mr. Touve requesting an
extension of time to remove the
11,200Ol he sent a certified letter to Mr. Touve requesting that he
abate the hazardous condition within 60 days, consistent with the City’s procedure for addressing
such hazards. After the letter was sent, Mr. Touve appeared before the Council on December 18,
2001 to express concerns regarding the clean-up efforts of the wetland mitigation work occurring
on his property. He felt that there was some discussion by the Council at their meeting of
August 5, 1998 regarding the concrete foundations. He stated in addition to the Resolutions,
staff researched the Council minutes and found no reference, intent or discussion relative to the
foundations.City Attorney Knutson was requested to review the record on this matter to
determine whether the Council’s action required the hotel developer to remove the foundations.
He concludes that the foundations are not “junk” or “debris.” The foundations constitute a
hazardous excavation under the law, and the property owner is required to remove the hazard.
He stated on January
24,2002
Page 6 of 13
On November 200 1, he stated he conducted a site inspection and found three concrete
foundations of former buildings that were destroyed, demolished or removed.He found that the
foundations in their present condition constitute “hazardous excavations” as defined by
Minnesota Statutes in that they represent a danger if someone were to fall into one. Numerous
photographs of the site have been taken.There is evidence that the property has been used by
the public on foot and by snowmobile.
He stated he notified Mr. Touve of the inspection, and Mr. Touve requested a letter documenting
the findings. On December
Proposed Council Minutes
Regular Meeting of September
f’+om Mr. Touve.
Councilmember Black asked if Mr. Touve would need to fill in the area after the foundations are
removed.Building Official Ryan replied yes.He noted that there is a drop of seven feet to the
concrete floor of the foundations.He is unsure if there is fill on the site to assist in filling that
site. He stated the bridge would need to be reinforced for access to the site. Any equipment
travelling to the site would need to be relatively small unless it’s during the winter months.
Councilmember Black asked if there are any springs in the lake in that area where there could be
difficulty in freezing.Building Official Ryan replied if the City went to bid with construction
contractors, the contractors would check the site and note if there would need to be additional
reinforcement.
Mr. Touve stated he has been in contact with various City departments on least 10 different
occasions this past summer to discuss his problems as well as possible solutions to his dilemma.
He stated access to the site is very difficult as the bridge over the creek crossing consists of four
5 x 5 beams that are 12 feet long. He stated something would need to be constructed so the
crossing could be made as one can’t cross over this area without a temporary bridge.He stated
Hurlburt stated there has been some confusion over the City’s
interest in this property.At one point, the Homestead Village company had discussed conveying
the Little Peninsula to the City.The City agreed they would accept the property under certain
conditions.The Homestead Village company preferred to not do the legal work so instead of
conveying the property to the City, they conveyed it to Mr. Touve in consideration for other
property that they acquired
future road base. She stated the
City couldn’t allow him to use the hazardous material for a road. Therefore, staff is
recommending that the material be removed from the site.
Building Official Ryan noted that the cost of demolition is less in the winter months.The
material would be hauled to a construction and demolition landfill.
Mayor Tierney asked if it would be feasible to request Mr. Touve to remove the foundations
rather than temporarily fence the area, and if so, what would occur if there would be a lot of rain
and flooding problems.Building Official Ryan replied it would be less costly now rather than at
a later date. He stated his concern is that the materials are removed in a timely fashion. Staff has
tried to work with Mr. Touve, but there has been no progress.
Mayor Tierney stated it’s important for the Council to include a date whereby the work should be
completed.
City Attorney Knutson stated if Mr. Touve disagrees with the order, he has a right to file an
answer, and the judge would determine whether or not the City proceeds with the order.He
noted that it could take up to 90 days before the City would have an answer from the court.
Councilmember Harstad stated it appears that according to Resolution No. 98-474, the City owns
the Little Peninsula.
Community Development Director
24,2002
Page 7 of 13
hazardous material be left on site, which would be used for a
Proposed Council Minutes
Regular Meeting of September
Hurlburt replied the wetlands
would need to be filled as well as part of Medicine Lake, and without a bridge to go over the
waterway, there would be no way to access the site.Without a bridge, this property wouldn’t be
buildable.She stated if currently there was a request for a Building Permit, the City couldn’t
Hurlburt stated the proposed Resolution doesn’t address
debris.The Resolution addresses the foundations that are attached to the ground that fall under
the definition of hazardous materials according to State Statutes.
Mr. Touve stated the debris could be utilized on a stockpile basis.He would propose that at the
end of the driveway, where there is a turn around, he would place the material there and build it
up. The material could be used for backfill, dirt, or other use. The material would have the
appearance of crushed rock or concrete.
Councilmember Harstad stated residents have asked him why the Little Peninsula isn’t park
property.
Mr. Touve stated if the City hadn’t placed such strict conditions on Homestead Village, it would
be a park. He stated he has no intention of building more than three single-family homes on the
Little Peninsula site. He stated it would difficult to construct two high profile homes on this site.
He indicated that in the future, he would need a road to access the site, but he isn’t requesting
that immediately.
Mayor Tierney asked if Mr. Touve would be allowed a road and if this property would be
allowed to be developed. Community Development Director
24,2002
Page 8 of 13
regarding frost, there could be 11 to 12 feet of frost in a street without snow cover. In a wooded
area where there are leaves and sod and a foot of snow, there is no frost no matter how cold it is
outside. The leaves and snow protect the ground from freezing. If there were to be a mild
winter, there would be no frost. He stated by recognizing this problem and by including the
foundations and mitigation, he desires to introduce a possible solution to this whole problem.
His contractor has indicated that they can perform both jobs without a lot of cost. The contractor
could bring in the least amount of equipment which would be a crusher on tracks.This
equipment could be backed in and then used to crush the concrete which would then be used for
fill, roadbed, trails, etc.He stated if the City would require him to remove the foundations, there
would be a minimum of 100 truckloads of material that would be hauled from the site.This
would break up the frost.He questioned how this could be accomplished without some
exorbitant cost (truck and machine time). He stated the mitigation contractor was given
permission to bury the concrete at higher ground; however, he doesn’t know if that had changed.
He stated he’s at a loss unless he can keep the material on the island (crush it, level it off, and
cover with dirt). He has discussed his situation with a crushing contractor, and they agree with
him.There could be a tremendous problem if they try to move the materials by trucks. He
illustrated recent photographs the site as well as the site when it was covered with snow in
November 200 1.
He stated these foundations are not an improvement to the property as noted in staffs report.
They are debris.
Community Development Director
Proposed Council Minutes
Regular Meeting of September
Hurlburt replied yes. She stated staff works
with the property owner in abating the situation, and if the property owner doesn’t abate the
situation, the City seeks the court order process.
Greenway project. He added that there is one quarter of a mile from the high ground
to his property, and 600 feet of that is less than one foot from the water level. Therefore, it is
impossible to haul the material.
Building Official Ryan stated with the three foundations and two of them being partial, he
estimates there would be 12 to 15 truckloads of material to be hauled. He reiterated that a
demolition contractor would reinforce the access to the site. He noted that the mitigation
contractor had equipment on the site previously.
Mayor Tierney asked if the barge is a hazard. Building Official Ryan replied he hasn’t seen the
barge as his purpose on the site was to review the three foundations.
Mr. Touve stated the barge and foundations were to be removed by Homesteaad Village as part
of the approval by the Council. This was a condition of the permit for the hotel project.He
stated staff has provided a situation which is new to him, that junk and debris removal was a
condition of the City accepting the Little Peninsula as a donation. If this is true, why wasn’t it
included in the permit fee if the material was hazardous.
Councilmember Black asked why the erection of a fence wouldn’t be satisfactory.Building
Official Ryan replied he has spoken with Mr. Touve over the course of a year, and he
encouraged Mr. Touve to fence off the area. He stated with both of his visits last winter and this
fall, there is evidence that people are using the peninsula. He stated fencing is only a temporary
option, and the City has the option of abating hazardous excavations under Minnesota Statutes.
Councilmember Harstad commented that he would like to see the barge removed. He asked if a
structure could be rebuilt on an existing foundation that hasn’t been damaged. City Attorney
Knutson replied no.He added that there needs to be public access to the site.
Councilmember Johnson recalled that when the Council previously discussed this in 1998, there
was a concern of the City acquiring property where there would be hazardous materials. If
Homestead Village would convey the property to the City, they would need to remove the
hazardous materials so that the taxpayers wouldn’t be responsible for that cost.
Councilmember Johnson asked if this process for the abatement of the hazardous materials is
consistent for other properties in the City where there has been destruction that has taken place
on the property. Community Development Director
24,2002
Page 9 of 13
issue a permit due to City access requirements. She added that it would be economically
difficult to develop this property.
Mayor Tierney asked Mr. Touve if he has considered giving this property to the City. Mr. Touve
replied he is unsure. He stated the City has indicated that this property would be difficult to
develop because of the wetlands, but the City has proposed walkways in the wetland areas of the
Northwest
Proposed Council Minutes
Regular Meeting of September
15,2003. He would like to remove the
foundations before they are frozen. The crushing could then occur this winter. There would be a
crushed product that would remain on the peninsula. He stated there would be a disruption no
matter what kind of equipment is used.
Hurlburt suggested that the Council define a time period as to
when the fence should be constructed.
Friendly amendments were made to the motion that the fence needs to be constructed within 30
days as well as no trespassing signs erected on the peninsula.
City Attorney Knutson added the security fence would need to be deemed secure by the Building
Official.
Mr. Touve reiterated that he fails to see where the City can prevent him from crushing the
concrete and burying the materials on site. He stated utilizing a crusher is very expensive. He
would like to address the hazardous conditions, and then allow the process to work itself out.He
stated the mitigation project may not be completed this winter. He stated he is unsure how he
could meet the Council’s deadline of February
15,2003.
Councilmember Stein stated he would support that.
Community Development Director
15,2003 to complete the abatement of
hazardous materials and that the area be fenced.
City Attorney Knutson suggested that the Council consider adopting the Resolution as presented
and then state that the City wouldn’t retain a contractor to go on site prior to February
Hurlburt replied there is a parallel process
occurring with the hotel development. That development might sit idle for the next six months
as there is a dispute between the developer and the contractor. This is the reason why staff is
advocating for the removal of the foundations only. Staff has reached the conclusion that tying it
to the wetland mitigation for that site could leave the hazardous materials in place for another
year.
Councilmember Slavik asked if the City is aware of a hazardous situation and doesn’t take action
to correct the site, could the City be liable for anything that occurs at the site. City Attorney
Knutson replied that is a possibility.
Councilmember Stein stated it would be very difficult and expensive to remove the foundations
as well as being detrimental to the land if the work would be performed now versus the winter
months.
Motion was made by Councilmember Stein. and seconded by Councilmember Johnson, to amend
the main motion to enforce a deadline of February
Res2002-448).
Councilmember Johnson asked as this process progresses, how are trees and wetlands affected
on the peninsula.Community Development Director
24,2002
Page 10 of 13
Motion was made by Councilmember Black, and seconded by Mayor Tiernev, to adopt a
Resolution Adopting and Approving Order for Removal of Hazardous Excavation at PIN # 26-
1 18-22-44-0006
Proposed Council Minutes
Regular Meeting of September
Senness replied no, as a vote of the entire
Commission approved the agreement.
Councilmember Black voiced her concerns about the City participating in a Commission that
appears to not really address the concerns of the City.She stated members of the Commission
must understand that the City has no other mass transit options other than busses.
Councilmember Slavik added that after discussing this item at the Study Session conducted
earlier this evening, she wouldn’t want to affect any of the City businesses. She reiterated that
lobbied improvements to I-494 are further south from the City, and MOVE doesn’t appear to be
addressing the City’s concerns. However, she would continue to monitor the Commission’s
meeting minutes, and if a dues increase would be proposed in the future, she would request the
Council discuss this issue again.
Councilmember Johnson stated she is encouraged that the Twin West Chamber of Commerce
and the City’s business community are participating.She would support the City’s membership
for another year.
Hurlburt replied it all depends on what Mr. Touve intends to do with the material and how much
material there is. She stated there could be site plan and/or interim use permit approvals that
would be necessary.
8.2) Review Membership in the I-494 Corridor Commission
Motion was made by Councilmember Slavik, and seconded by Councilmember Stein, to take no
action and remain a member of the I-494 Corridor Commission.
Councilmember Black asked if any of the member cities would have the option of not
participating in MOVE. Planning Manager
by Councilmember Black. to call the
question on the amended amendment.With all members voting in favor, the motion carried.
The Council voted on the amended amendment and with all members voting in favor, the motion
carried. The Council then voted on the amended main motion and with all members voting in
favor, the motion carried.
Councilmember Johnson stated this property was a “buyer beware” situation, and she reiterated
that the Council was previously concerned about the hazardous materials on the site when the
previous property owner indicated that they would convey the property to the City.
Mayor Tierney asked if Mr. Touve could crush the concrete. Community Development Director
24,2002
Page 11 of 13
Councilmember Johnson asked Mr. Touve why he hasn’t resolved the hazardous conditions. Mr.
Touve replied he has been in contact with the City’s Building Department on numerous
occasions, and due to how the mitigation project was proceeding, he just let it go.
Mr. Touve stated he discussed this matter with his attorney, and under the definition of
hazardous excavation in the State Statutes, he can protect it.
Motion was made by Councilmember Stein, and seconded
Proposed Council Minutes
Regular Meeting of September
Res2002-4491.
Councilmember Harstad stated he wouldn’t support the motion because human service agencies
assist with affordable housing issues.
Councilmember Hewitt disagreed and stated that the City’s HRA, affordable housing advocates,
and non-profit agencies work on affordable housing.
Councilmember Johnson voiced her support with the City working collaboratively with other
cities that are similar to Plymouth.
Councilmember Stein agreed with Councilmember Johnson, and he thanked Councilmember
Hewitt for bringing this issue to the Council’s attention.
24,2002
Page 12 of 13
Councilmember Harstad commented that until the Legislature increases the gas tax, there would
not be the funding to make improvements to the infrastructure.
There being no further discussion and with all members voting in favor, the motion carried.
8.3) Review Membership in the Northwest Hennepin Human Services Council (NHHSC)
Assistant City Manager Ahrens reported at the Study Session conducted on August 13, Hennepin
County Commissioner Mary Tambomino offered to host a meeting with Mayor Tiemey, other
City and County officials, as well as Northwest Hennepin Human Services Council, to discuss
the County’s intent with respect to human service delivery. She stated the meeting was not held
due to difficulties in scheduling. However, a meeting was conducted with Councilmembers
Johnson and Hewitt and Commissioners Steele and Steinglein in attendance. The County
Commissioners provided their perspectives on human service delivery and suggested that the
City needs to consider whether NWHHSC is still a good fit for the City. She discussed sections
of the staff report and indicated that the Council may want to consider an alternative by working
with a smaller group of cities that are similar to Plymouth and do some collaboration to
determine what the human service needs are.She recommended that the Council withdraw from
the NWHHSC, authorize payment to NWHHSC in the amount of $3,281 for the period through
September 30, and allocate up to $1,500 in order to continue the activities of the Plymouth
seniors in the Senior Leadership Council.
Councilmember Hewitt provided the history on the NWHHSC in the community.She stated she
contacted PRISM and Interfaith Outreach to receive their comments on the effectiveness of
NWHHSC in the City. They indicated that NWHHSC is not the agency that is bringing the
community together with social service issues. She noted that the NWHHSC does a great job
with the other member cities; however, those cities do not have the same social service issues as
the City.She requested there be more collaboration with other cities that are similar to
Plymouth.
Motion was made by Councilmember Hewitt, and seconded by Councilmember Stein, to adopt a
Resolution Withdrawing from the Joint and Cooperative Agreement with Northwest Hennepin
Human Services Council, Inc.
Proposed Council Minutes
Regular Meeting of September
9:58 p.m. With all members voting in favor, the motion carried.
Sandra R. Paulson, City Clerk
adiourn the meeting at
5:30 p.m. (Shingle Creek and Elm Creek ’s Second Generation Watershed
Management Plans)
3. November 19 at 7:00 p.m. (continuance of Public Safety Advisory Board, firefighter policy,
weed mowing and assessment ordinance, Metropolitan Council Blueprint 2030, and policy for
fallen trees)
With all members voting in favor, the motion carried.
Adiournment
Motion was made by Councilmember Slavik, and seconded bv Councilmember Hewitt. to
5:30 p.m. (Ives/Jonquil drainage issues and lift station in Autumn Hills)
2. October 22 at
by Councilmember Slavik, to
schedule the following Study Sessions:
1. October 8 at
Hurlburt added that the
HRA would be discussing this item at their meeting in November.
Councilmembers Stein, Black, and Mayor Tiemey requested that septic system drainage issues
be added to the pending Study Session list.
The Council removed from the pending Study Session list the options for expansion of the lower
level of the Plymouth Creek Center, and requested it be placed on a future Regular Council
Meeting agenda.
Motion was made by Councilmember Hewitt, and seconded
24,2002
Page 13 of 13
Councilmember Hewitt reiterated that no direct services would be lost by withdrawing from the
NWHHSC agreement, as they are only a planning agency.
There being no further discussion and with all Councilmembers voting in favor, the motion
carried.
Reports and Staff Recommendations
9.1) Municipal Bonds
Councilmember Harstad illustrated the trend line on municipal bond rates which are currently
below 4%.He noted that the City has a Aaa credit rating and at some point, the Council needs to
consider bonding for affordable housing and road reconstruction.
9.2) Schedule Future Study Sessions
Councilmembers Stein, Johnson, and Black requested that land trust and related issues be moved
up to the pending Study Session list. Community Development Director
Proposed Council Minutes
Regular Meeting of September
32,63 1.3 1
GRAND TOTAL FOR ALL FUNDS $2.303.633.73
Dale E. Hahn
3. RECOMMENDATION: I hereby approve the attached listing of disbursements and
recommend same for payment.
Redevelopment Authority
788,675.15
Housing
Internal Service
993,952.94
Enterprise
Debt Service
488,374.33
Construction
Special Revenue
27,2002:
Anchor Bank
General
27,2002.
2. DISCUSSION: Shown below is a listing of disbursements for the various funds for the
period ending September
8,2002
1. PROPOSED MOTION:To adopt the attached resolution approving the disbursements for
the period ending September
30,2002 for the City Council Meeting October
Information Technology
SUBJECT:Disbursements
DATE:September
CL
TO:Dwight D. Johnson, City Manager
FROM:Dale E. Hahn, Director of Finance
tla (JAgendaNumber:
8,2002.
2,303.633.73
Adopted by the City Council on October
32,631.31
GRAND TOTAL FOR ALL FUNDS
Redevelopment Authority
788,675.15
Housing
Internal Service
993,952.94
Enterprise
Debt Service
488,374.33
Construction
Special Revenue
27,2002
WHEREAS, a list of disbursements for the period ending September 27, 2002 was presented to
the City Council for approval;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the
following funds is approved:
Anchor Bank
General
2002-
APPROVING DISBURSEMENTS FOR THE PERIOD
ENDING SEPTEMBER
CITY OF PLYMOUTH
RESOLUTION NO:
2,303,633.73$
8,499.35
0.00
0.00
Total Invoice Expense Distribution:
29,035.77
209,720.40
2,561.34
0.00
23,169.22
6,250.OO
0.00
0.00
6584.39
12,408.76
9,962.54
396,709.08
83,774.30
775,704.18
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
8,692.12
0.00
0.00
0.00
0.00
0.00
0.00
10553.51
199,003.13
0.00
20,004.58
12,626.73
254,406.55
0.00
0.00
0.00
160.00
32,751.26
201,056.52
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 l-494 Corridor Commission
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
Community Parks
410 Neighborhood Parks
411 Capital Improvement Fund
421 Utility Trunk Fund
422 Unfinanced Imp Construction
425 Shenandoah Housing Imp. Area
426 Shenandoah Administration
428 Activity
Equipment Rev. Fund
406 Park Replacement Fund
407 lnfrasturcture Replacement Fund
408 Project Administration Fund
409 City
t
FUND 101 General Fund
201 Recreation Fund
203 Transit System Fund
204 Community Development Fund
205 Diasaster Donation Manage Gran
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
09127102InvoiceExpenseDistributionforPeriodEnded
rm assigmnnt board $217.60 49071 $217.60
Aramark
127,432.17
April Graphics
IC Locker
127,432.17 48907
Appletree Institute
Oct02 Empl Medical coverage
l--l”l-
1,889.19
Animals of Walton ’s Hollow
1 O-5-02 Parade $545.00 49207 $545.00
1,889.19 48906
2,328.30$2,328.30 48905-
Anderson-Buckeye Builders Inc
Parkers Lk roof rprs tree dmg
15M colored ppr
I
420.9 1 49070 $420.91
Anchor Paper
400M copy ppr,
Ameripride
Public Works Uniform Rntl
496.66 48903 S448.73
47.93)
425.54 48904 $425.54Rntl
GO3 Advisory Serv fee,$620.00 49069 $620.00
American Red Cross Assoc.
Lifegrd video/manikin rental
Cr inv 70076 overchrg video
Ameripride
Public Works Uniform
O-02/1
Airgas North Central
6 plastic wrench
242.29 49067 $242.29
12.01 49068 $12.01
Altura Communication Solutions
Install 4 batteries $255.00 48902 $255.00
American Planning Assoc.
1
cover,equip
Young/lO-1110-4 Conference $160.00 48901 $160.00
Ace Billiards of Minnesota Inc
PC Pool table
2,102.91
AWWA Minnesota Section
B
2,102.914890019.75hr install equip
5.33 49066 $111.26
105.935O’Road Tube
AVI Systems
ADRlOOO
2
S200.00 49065 $200.00
150.00 49197 $150.00
49.78 48899 $49.78
ACT Electronics Inc
1 Hasp for
T Wireless
Sep02 IT Help Desk
25.00 48898 $25.00
APEInc
10-5-02 Parade entertainment
A T
mold,mildew,ordorHwylOl
3cIvIA
Packing/shipping Silver Circle
A Chapman Services
3030
Check Amount
9/15/2002 Through 912712002
Invoice Amount Check
1- CHECK REG ISTER1COUNCILREPORT
8:28:56 AM
Vendor Name/
Invoice Description
g/30/2002
Time:
Date:
IX...l” .._..”--“-.“.““..“..l...._. .._ ._..,,.,,,,,..,,,,,,.,..,,,.“.l__._l_“.t” “..“....““.” ._$
3,552.04
3,526.13
188.50
1,094.80
547.67
255.00
1,002.50
5,359.00
16,541.64$1,016.00 49078
ProjlOll File7002112AugO2
6&8 maint
Aug02 Proj2027 File 7002110
Aug02 Proj2032 File 7002111
Proj1033 File 7001108
Aug02 Proj1023 File 7001106
Aug02 Proj8030 File 7098800
Aug02 Well
AugO2
ProjlO23 File 7001106
AugO2 PVT General File 7002000
Aug02
11_111.1”1.^~
Bonestroo Rosene Anderlik
11-1(----~_~-~$
45.00 49077 $45.00Missaghi/training sessions
Soil Resource
1,219.82
Board of Water
1,219.82 48913
Bloomington Housing&Redevelop
Sep02 HAP
54.5 1 49103 $54.51- ---- -Pineview Ln Utility
6$5)
Blair, Emily5415
refill/mnly refill
Bus card
Rtn 1 bx laser labels
Chair mat
Rtn 1 backrest
5bx envelopes/new book
6.81 49076 $458.17
301.03
16.83
15.75
20.60
book
Holder/adapter/shredder/tape
note pad/clips
Dsk
Clips/fldrs/note pads/staples
Punch/stapler
2 bx envelopes 9x12 and 10x13
5.80 48912 $318.50
4.76
12.45
23.72
4.06
53.25
1.44
22.57
73.79
22.98
17.32
76.36
Bertelson Bros. Inc.
7dz clips/pens/steno
kt?bk/env
pot ltr
Backrest
lpk cassette micro
2 tile
1 dz pad finger
Compressor/tray/pen
Bus card/rack/steno
1,172.62
Beautiful Saviour Lutheran Chu
9-10 Primary Election $200.00 48911 $200.00
Bertelson Bros. Inc.
Dispenser
2-Coupler phone
1 bx tile
1,172.62 48910
71,868.37
259.90 49124 $381.08
121.18
71,868.37 49075
CL5,masonsand181.01tn9-4/9-6
Gravel Co.
9-18/9-20 332 Mileage/Duluth C
Barton Sand
conf9-18/9-19 lodge/Duluth
1 Mudd Lake Park
Barnes, James
Proj2006
SepO2 Utility Reimbursement $49.00 49032 $49.00
Barber Construction Co., Inc.
decaf,sugar,cream,t $160.94 49072 $160.94
Aritt, Kristine
Affordable Housing Debate ”$15.00 48982 $15.00
Arrow Terminal LLC
Stainless flap disc $127.69 48909 $127.69
Ascom Hasler Mailing Syst Inc
Ott-Dec02 Meter Rental $255.00 49073 $255.00
Awnur, Ruqiya
reg,3
decaf coffee $457.50 48908 $457.50
Aramark
AC 3
reg,515
Arena/Irrig $512.14
Ice Arena $995.04
Public Safety $93.14
Bass Lk Plyfld $236.49
Parkers Plyfld $211.15
Fire Station 3 $197.56Pavilion$372.64
Zachary Pk $343.93FireStation2 $176.42PublicWorks $597.08CityCenter $436.98EMedLake $48.14
Plym Jr Hi Plyfld $263.00
La Compte Pk $135.08
7,121.19
Greenwood Pk $424.69
Elm Creek Plyfld $481.70
Activity/Field House $575.90Ice
Water
Hilde Center $40.64 48919
City of Plymouth/Sewer
permitiprkng lot $258.25 48918 $258.25
City of Plymouth/Repay Agrmnts
Filing fees repay agrmnts 3pro $60.00 49088 $60.00
PC/IC grading
agrmntn tor
149.00 48917 $149.00
5.05 49087 $20.20
5.05
6.06
4.04
60.00 49089 $60.00
City of Plymouth/Permits-Mist
Holm/“Handle People w/tact”
Checker Auto Parts
Polish paste
Carpet/interior cleaner
Deep cry liquid
Citrus air wash
City of Plymouth
Filing fees repay
35,409.86
Careertrack
K
35,409.86 48916
l ~ - ““.-.-. _ -
200.00 48915 $200.00
Campbell Knutson Prof Assoc
Aug02 Attorney services
l _ .--- _ -- _ l-.l _ -.11111 - --. “ -- “. -_“___.. - .__. ll_..” “.. ~_ ., __
CODA
9-20-02 concert
120.00 49086 $120.00.___ -.- ._._. .._._” -
1,317.60
CMS
8-19 4 On Site Collection
1,317.60 49085
15,533.63
CIGNA Behavioral Health
Ott-Dec02 EAP
15,533.63 49084#2 Hilde Center
3-12-03&3-14-02 Rental
20.00 49011 $20.00
25.00 49083 $25.00
CDP Sewer and Water Inc
Proj9925
7-10/9-l 1 HAM meetings
CCJLE
Nov02-Oct03 Subscription mwl $97.00 49082 $97.00
Bye, Nancy
1,175.00)
Business Insurance
8,844.00$10,019.00 48914
Cr inv 021259 freight
Busch Systems International
2200 Blue recycle bins/see cre
l __ l ~ - _
100.00 49081 $100.00
Bunker Park Stables Inc
10-5-02 Bal Parade hayrides $375.00 49216 $375.00
P - . “ - ^^ .. $2,350.00$2,350.00 49079,. __
Bunker Park Stables Inc
10-5-02 Dep Parade hayrides
1” _^_ ._ .. ” ~“-
Brighton Sandblasting Inc
Unit 200 paint/sandblast
13,264.84$13,264.84 49096
bottom/VB riser $499.49 48929 $499.49
Delta Dental
OctO2 Dental coverage
2,277.36
Davies Water Equipment Co
VB
2,277.36 48928
1,464.27
191.27
Data Recognition Corporation
Aug02 10870 UB processing
1,273.00489272llOAcopiermaintenance
Aug02 95 copier maintenance
AugO2
Imaging/CkAddrDankaOffice
30~s Hand towels $693.85 49094 $693.85
Dalco
24,817.00
Dalbec Roofing Inc
8-26 PW roof repairs $280.5 1 48926 $280.51
24,817.00 49093
Crysteel Truck Equipment Inc
Unit 340 tail gate parts $614.10 48925 $614.10
DMJ Corporation
Proj1030 Nature Canyon paving
Young/AWWA Conf 10-1110-4 $201.00 48924 $201.00
2,694.45
Craguns Conference Center
B
1,022.40
4,016.38
S-02 Tree Removal
9-12-02 Tree Removal
299.53 49210
9- 1
Coolen, William
9-10-02 Tree Hauling
1,278.00$1,278.00 49061
Coolen, William
Jonquil/Ives drainage Swale
2,694.45
299.53
4,016.38$1,022.40 49128
Tree Hauling
S-02 Tree removal
9-12-02 Tree removal
9-10-02
9- 1
Coolen, Joseph T
1,278.00$1,278.00 48977
Coolen, Joseph T
Jonquil/Ives drainage Swale
2 $511.11 48923 $511.11
lit noaup $477.12 48922 $477.12
Computer System Products Inc.
1 Cable for bldg air quality $29.82 49091 $29.82
Continental Sign
50 8x8 city logo,200 3”
ml1
CompuCom
4 Carbon copy
l~-_--.___-_.-._---.%18,963.68$18,963.6848921wear,32B712.67tn 41A9-3/9-13
1,423.58
552.69
205.00
Commercial Asphalt Co.
Lacompte/pitchers mound
Lancaster LS rplc blower
665.89 48920
Comstock/rplc paver drvwy $369.60 48978 $369.60
Clowns Across the River
10-5-02 Parade participant $450.00 49090 $450.00
Collisys
WTP hi speed pump starter rplc
Cizinsky, Joyce
2801
X.ll -~..__._ ,__.._” - ..___. -__ .__..__.. “..“_“_.“..--~~-- ._... ._._” -- ~_~-~-_~“,.-
Oakwood Pk $464.52
Plym Creek Pk $395.72
Historical Society $5.17
Fire Station 1 $114.06
Acad $45.83 49196 $45.83Nat1Fire9-14/9-15 Meals
Evenson, Thomas
S358,071.34
39.06 49097 $39.06
358,071.34 49104
4-23/9-12 107 Mileage reimb
Ln/Lancaste
Evans, Diane
3 Nathan
18,816.00
Eureka Construction Inc
Proj 1014
18,816.0049145Ave/purchase home
7-16/7-29 Labyrinth Constr $992.50 48942 $992.50
Eubank, Mark
13915 52nd
EnergyScapes Inc
1,119.41
290.00 49102 $290.00
1,119.41 48941
Zl/relief valve
7-15/S-30 Street Lamp changes $500.00 48940 $500.00
Elk River Concrete Products
12 12” Adjusting rings
Emergency Apparatus Maint.#
18 Engine
Mnt
1,950.00
Electrical Installation
1,950.00 48939
44,460.00
210.88 49092 $210.88
44,460.00 48938
S-5/8-9 soccer clinic
9-18/9-19 GFOA 210dge Alex MN
Educational Sports Prog Inc
Ecker, Connie
Rsv#3 Transit StaProj1032
3,302.57
29.02
378.08
358.64
Earl F. Andersen, Inc.
12 12x18 Dog Waste $159.11 49101 $159.11
Ebert Construction Inc
2,536.83 48937
1,950.02
Earl F. Andersen, Inc.
6 Loop bike rack
Bolt cap/spring pin/pin upper
2 AC striped umbrella
10 var size custom sign
2,356.85
glueladj ring $472.86 48936 $472.86
ESS Bros.
2 261NT CMY seal Tl-Wide
48 var sized gate valve extens $
406.83 49100
15cy Pulv Black Dirt
70.00 49098 $70.00
174.13 48934 $174.13
Dynamex
8-26 Campbell Knutson $30.80 48935 $30.80
ESRI Inc
Owe diff in tax $202.80 49099 $202.80
ESS Bros.
EBS super
AugO2
Ret Refund
Driveway Design
1,169.76
Dittrich, Connie
Park and
1,169.76 48932
Discraft Inc
3 Chain star baskets w/posts
1,490.95$1,490.95 48931
5,584.75$
624.00
653.25
Discounts -N-Deals Inc
5 Onmi-Planter speakers
4,307.5048930Sep-OctO2 Environ Extra design
Sep-Oct02 Plym News design
Designwrite Studios
Web site design project
CrandalVlst Responder $60.00 48956 $60.00
3,510.57
158.06 48955 $158.06
HCMC
3,510.57 48954
Barberry,2 Juniper,4 Cypress
Gregor Farm & Greenhouse
6
Projector,sound station au
Graybow
LCD
48953 $44.50
I., -.------- ___-_ -.l”
I.-
48952 $78.28
Ret Refund $44.50
48951 $201.50
Graupner, Lillian
Park and
l-“-._-.-“.“.- ~-------~
number,emerg $37.81
Graflx Shoppe
Unit 117 fender graphics $40.47
Unit 114 bumper
AugO2 SW Locates $182.90
Aug02 CC Locates $18.60
S3,980.00
Gopher State One-Call, Inc.
3,980.00 49111
150.00 48950 $150.00
8,019.60
5.50 49110 $5.50- -
8,019.60 48949
tmg,convertV&VII ICON
GoodPointe Technology Inc
Phase
Churc
9-10 Primary Election
Glory of Christ Lutheran
Ret Retimd
1,1685 Soccer shirts
Gerold, Alberta
Park and
3,577.50 49108
General Sports
79.5hrs SystMgmnt9-9/9-22
S35.00
Fun Services
10-5-02 Moon Walk rental $197.03 49107 $197.03
G C Bentley Assoc
Ret Refund
708.00 48947 $708.00
35.00 48948
Systems
Unit 201 Turbo 46
First State Tire Recycling
61 Car tires disposal
296.23 48944 $296.23
66.45 48945 $66.45
Fisher Sheetmetal Company Inc
IC 32x16 Galv gooseneck $702.00 48946 $702.00
Four Seasons Estates
Sep02 HAP
French, Colleen
Park and
PW,IT,forestry $44.84 48943
Filter
7-30/S-20
6-3/S-30 327 Mileage Reimb
Fedex
frt D
37.62 49106 $287.11
29.52
154.90
65.07
Farris, Roberta Lynn
Payroll Generated Invoice $443.54 49180 $443.54
Faulkner, Daniel L
Iilters,thermostat,batt
1 Pad Kit
Express Messenger
9-9 Attorney P/U $18.20 49105 $18.20
Factory Motor Parts Co
4 Clnt filter
6 AF Elem
24 Oil
I_____ ... __~~
9-1419-15 Meals/Lodging Alex M $412.77 49109 $412.77
basket/Proj9903 ($745.50)
Proj9903 stone $453.29
Hendrickson, Gary
321.40Return7wire
4” Anchor cans $48.99 49120 $78.18
Proj9903 stone
Acad $46.19 49211 $46.19
Hedberg Aggregate
10
Meals/Nat1 Fire9-14/9-15
Hebert, William
Co.
Sep02 Section 8 Acctg svc $165.00 49118 $165.00
Healthfund of Minnesota
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
6.00 49119 $61.00
2.00
2.00
5.00
6.00
4.00
27.50
2.50
1.00
5.00
5,617.48
114.19
Hawkins, Ash,Baptie
5,503.2949117Hydrofl,30001b C-9,
2 Pump housing
8806.41b
20,254.00
Hawkins Water Treatment
20,254.0049116OZ’PartialReforestation spmg
Hartman Tree Farm LLC
9,883.38$9,883.384911585OOglSuper89a.9619
Hartland Fuel Products, LLC
6,907.29$6,907.2948959@X9275OlglPerfgold50dyed
Hartland Fuel Products, LLC
DcpiParade face paintn $206.00 48958 $206.00
Happy Faces
10-5-02 Bal owed parade $90.00 49114 $90.00
3,229.02
Happy Faces
10-5-02
1,645.52
33.88
79.27
42.48
12.49
7.28
44.78
59.34
11.36
33.66
165.32
5.20
15.19
384.24
30.55
12.51
51.04
19.37
0.82
10.83
48957
S37.27
4.49
85.90
106.26
177.06
25.77
AugM Hardware supplies
Aug02 Hardware Supplies
Aug02 Hardware supplies
67.29
33.92
7.27
18.66
AugM Hardware Supplies
Aug02 Hardware Supplies
AugO2 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
AugO2 Hardware Supplies
AugO2 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware supplies
AugM Hardware Supplies
AugO2 Hardware Supplies
AugO2 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
AugO2 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Aug02 Hardware Supplies
Hamel Lumber and Supply Inc
Aug02 Hardware Supplies
Aug02 Hardware Supplies
405.80 49123 $405.80
Grayce
Landscape grant project
439.78 49135 $439.78-~ -
11 1 1 -- ““...- -
Jahnke,
cont73lodging,9-17/9-20 GFOA
IOOW Syl FS2
268.33 48975 $434.50
114.58
51.59
Jacobson, Larry
IOOW T-4 Qtz
2
fluor,
Deuth/Princ of Real Estate A $300.00
IndenticatorInc2Retabs
Industrial Supply Co Inc
Expan pin assortment
40.28 48973 $40.28
23.98 48974 $23.98
J. H. Larson Electrical Co.
2 Alum Exit double face
12 26W
3,572.86
IRWA
S
4,930.36
652.01
M120B,lO flange
705.49 48971
I-X!”
I”#4 setter
10
gal,8l”M70B
l”M70B2setter,11% meter
Acad $31.72 49113 $31.72
Hydro Supply Co.
12
Meals/Natl Fire14/9- 159-
12,733.57
Huber Commercial Services
Hilde window cleaning $292.88 48968 $292.88
Hudson Map Co.
1 2003 ed street atlas
12003 ed street atlas
22.58 48969 $45.16
22.58
Hurr, Gretchen
15,046.89$2,3 13.32 48967
8-23-02Proj2028 02’0verlay
12.00 48966 $12.00
8-23-02Proj2010 Holly Ln
Tessa
9-5-02 Saving Face class $210.00 49195 $210.00
Hockenbergs
1 pie marker
Howard R Green Company
sandpapermesh screen
122.46 49122 $405.25
217.29
65.50
Hill,
cement,tiber mesh,
PC 6
cement,tiber mesh
6bgs
1,434.79
501.53 49121 $501.53
Highway 55 Rental
Roto hammer/bit rental
12 bags driveway cement/mesh
84.26 48965 S329.19
244.93
Highway 55 Rental
6bgs
1,434.79 48964
L2000Uniforml9-20/10-19HP9000
7001/7000 support
Hewlett Packard
9-13/10-12
l_-.~-“.“.“.~
246.67 48962 $246.67
45.52 48963 $45.52
Heuring, Rick
P/R 18 reimb health ins prem $103.38 49031 $103.38
Hewlett Packard
8.05tn Waste Mgmnt Fee
299.22 48961 $299.22
Hl
Aug02
Tress/Waste
AugM 8.05 Waste Hauling less
Hennepin County Information Sv
Aug02 Frame Relay Network sprt
Hennepin County
8121HennepinCounty /NW
4 1 Imagerunner lease $219.92 48990 $219.92
6,589.00
83.22 49074 $83.22
Loffler Business Systems Inc
Sep02
6,589.00 48989
9-18/9-20 228 Mileage GFOA
NewsExtra
Leitner, Barbara
Sep-OctO2 Plymouth
ll”-~l--“~--
568.52 49137 $568.52
League of Minnesota Cities
R Forbes/Chainsaw wrkshp $10.00 48988 $10.00
Leffler Printing
i_----~._~~.t--~-- ~-~~~
Lawson Products Inc
Various equip repair parts
240.84 48987 $240.84
Serv./Union
Payroll GeneratedInvoicePayrollGeneratedInvoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
140.00 49136 $921.58
35.00
105.00
11.58
630.00
Law Enforcement TargetsInc250trainingtargets/ear plugs
8,487.50
Law Enforce Labor
8,487.50489867-2318-22 Tennis court design
13,522.80
Larson Engineering of MN
13,522.80 48985
l_l.-.____.._. .” l-~“.~._.“.-_.-“l.---
Landmark Concrete Inc.
Mud Lake concrete work
53 1.00 48984 $531.00
9,112.00
Lancaster VillageApartmentsSep02HAP- -
9,112.00 48960
Lakeview Commons
Jul-Sep02 HAP
167,599.81$167,599.81 49134
1,582.03
4,192.80$2,610.77 48983
Dial/Metrolink Transit
547.95 49133 $547.95
Laidlaw Transit Services Inc
Aug02
Kracker Jacks Enterainment
10-5-02 Parade participant $700.00 49132 $700.00
Kriss Premium ProductsInc30glCWT-560 Tower treatment
LSA Design, Inc.
Aug02 PML facilities study
Aug02 PML maintenance
S/9-20 246 Mileage GFOA $
210.88 49156 $300.67
89.79
lodge/GFOAAlex MN
9-l
1,585.96
210.00 48979 $210.00
Kohn, Mike2nites
1,585.96 49129
15.00 49051 $15.00
1,144.00$1,144.00 48976
02’PS Generator prev maint
32.50 49127 $32.50
Jones, Tracy
Affordable Housing Debate”
K N R Communication Services
PC install new amplifier
Katolight Corporation
Ret Refund
Jon Hassler Theater
10-6-02 “Mornings at Seven”
Ret Refund $2.50 49126 $2.50
Jensen, Judy
Park and
Jensen, Judy
Park and
24,921.00
MN Dept of Trade/Economic Dev
1,719.64
444.16$
191.97$
218.27$
413.47
24,921 .OO 48995
1,798.68$
13.53$
10.93$
13.53$
21.86$
81.18$
40.59$
58.95$
94.71$
10.19$
10.93$
67.65$
13.53$
10.93$
21.86$
27.06$
12.34
196.82
10.93$
67.65$
242.24$
12.34
13.53$
15.14$
67.65$
21.86$
67.65$
10.93$
67.65$
10.93
40.59$
10.93$
40.59
10.93$
240.63$
30.28$
27.06$
15.14$
10.19$
43.72
451.77 49142
14
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll GeneratedInvoicePayrollGeneratedInvoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
MN Child Support PaymentCtrPayrollGeneratedInvoicePayrollGeneratedInvoicePayrollGeneratedInvoicePayrollGeneratedInvoicePayrollGeneratedInvoice
MN Dept of Health/WaterFee02’ 3rd qtr Water connects
13.53 49141
14
Payroll GeneratedInvoicePayrollGeneratedInvoicePayrollGeneratedInvoice
Payroll GeneratedInvoicePayrollGeneratedInvoicePayrollGeneratedInvoice
Payroll GeneratedInvoicePayrollGeneratedInvoice
12.34
24.68
8.54
12.34
15.14
121.12
8.54
15.14
48994 $217.84
MN AFSCME Council
TAX $405.00 48993 $405.00
MN AFSCME Council
Zent,Bye,Olsson/“Property
MILE
2,105.00$2,105.0049139coafpant,suspender
Registr/Day,Young,Bernier,$140.00 49138 $140.00
MES Inc
2 Commando
I-
MACA MN Animal ControlAssoc4
10,464.00
Loretto Auto Recondition
Unit 117 accident repairs $481.81 48992 $481.81
10,379.00
85.00
48991GIS/PD support
Aug02 work orders
AugO2
Logis
l__-_-
Midwest Asphalt Co.
II
60,588.00
Michigan Child SupportCenterPayrollGeneratedInvoice $275.50 49154 $275.50
60,588.0049003AugO2ServAvailCharge
CounciYSACMetropolitan
I-~_ “I-
321,690.10$321,690.1049152OctO2WastewaterService
50# pellet plus $245.27 49151 $245.27
Metropolitan Council-Waste
Metro Water Conditioning Inc.
IC 49
78,946.45$78,946.4549002Ju102MetrolinkTransitTransit/ Metrolink
24-Soccer anchors $447.30
Metro Athletic Supply Inc
Soccer net anchors $191.17 49150 $191.17
Metro
2-Volleyball nets $170.29
1,004.77
McKeown, PatLandscapinggrantproject $978.74 49169 $978.74
Melemed, SteveLandscapegrantproject $94.20 49190 $94.20
Messiah United Meth. Church9-10 Primary Election $100.00 49000 $100.00
Metro Athletic Supply Inc
Padded chain set,end zone pylo $387.18 49001
1,131.00AugO2Proj9918Greenwoodprkng $
2,129.00
McCombs Frank Roos Assoc
Aug02 Proj2016 parking $998.00 49149
Ret Refund $27.00 49148 $27.00
Darcy
Park and
Ret Refund $47.00 48999 $47.00
Mattinen,
02’Sewer license reimb $23.00 49153 $23.00
Masters-Wolf, Jenny
Park and
lll_.____-~
MacDonald, Michael
I --.----- -
bklts,paretn/$904.00 48998 $904.00VarActivityaid
9,042.26
MN Youth Soccer Assoc.
9,042.26 48997
I._._-~
MN StateTreasurerAug02BldgPermitSurcharge
lll.“l.-.”~__~_..-__--_....l_._.._--l_~..-_~__
Ackland/Annual Conf $190.00 48996 $190.00
MN ShreddingLLC20min $64.80 49157 $64.80
LIS Conference
S
MN GIS
I__““__ ___..I “X_--.__..l_~._.,. “I -.“~_l”.~..,_ - ._.I_ 1__- ~..l.“.“~_-__“__..~
II~_
MN Environmental Fund
Payroll Generated Invoice $5.7749144PayrollGeneratedInvoice $2.00 $
27.19
Payroll Generated Invoice $2.00PayrollGeneratedInvoice $1.00PayrollGeneratedInvoice $2.50PayrollGeneratedInvoice $1.00PayrollGeneratedInvoice $1.00PayrollGeneratedInvoice $2.00PayrollGeneratedInvoice $1.92PayrollGeneratedInvoice $8.00
400.00registr$400.0049143Bames/Hurlburt/Conf
5,387.70
75.65
55.65
100.65
235.65
201.30
75.65
55.65
150.65
150.65
586.95
55.65
55.65
131.30
55.65 49016
S-3/8-30 Timber Shores park
392.52 49163 $392.52
S-3/8-30 Turtle Lake park
S-3/8-30 W Med Comm Club
S-3/8-30 W Med Comm Club
S-318-30 W Med Comm Club
S-3/8-30 W Med lk beach
S-3/8-30 W Lutheran HS
S-3/8-30 Zachary plyfld
S-318-30 Zachary plyfld
S-318-30 Zachary Elem
S-3/8-30 Circle Park
S-318-30 Zachary plyfld
plyfieldS-3/8-30 Bass Lk
S-3/8-30 Amphitheater
1---
On Site Sanitation
ll”“ll~--ll__
43.95 49162 $43.95
Northwest Community Television
City Attorney presentations vi
earloop headset
342.93 49014 $834.86
16.51
475.42,---_
Northland Business Systems
PD Single
S306.66
Northern Traffic Supply Inc
S-518-20 Various flashers
S-2618-3 1 barricades
Aug02 Medina Rd sign rental
sweeper,ratch $306.66 49012
Equipment
Rolling magnetic
Northern Tool
II -,-
clnr,floo $151.07Tissue,swab,glass
Handsoap $11.77
PM
S382.50
neutral,6gl germicidal cl $94.57 49013 $94.57
Northern Sanitary Supply
Tissue/liner/gloves/corn 5gI $219.66 49161
Northern Sanitary Supply
6gal
ll~-l--_.~~-____l__...__ l__“I-x-.“~
Acad $46.30 49147 $46.30Meals/Nat1 Fire9-14/9-15
58.50 49160 $58.50
Nordby, Matt
t-.~
Oct02 Muzak
300.00 49159 $300.00“.“..-.,.__,
Muzak
l”l-_I1 --
Ret Refund
150.00 49010 $150.00
Music Memories
Park and
I-““-tl-l^l-~___.._ “--“_._-_-
Churc
9-10 Primary Election
9.00 49009 $9.00_-_
l_.--~-__~
Mpls Laestadian Lutheran
Ret Refund
Ret Refund $4.00 49008 $4.00
Morrison, Sheryl
Park and
Emerg serv entree fee
FS2 Change functions
161.49 49007 $723.78
562.29
Mobile Lock And Safe Co.
CC adjust door closer $113.00 49158 $113.00
Morrison, Sheryl
Park and
p--
19.34 49035 $19.34
Mobile Lock And Safe Co.
PS
5,671.50$5,671.50 49006
Cub,Rainbow,PostoffcS-13/9-4
l
Mittelstaedt, Sara
127.24 49155 $127.24
Midwest Ind Battery Inc
Zamboni battery set
41AW,finemix6.52tn9-9/9-12
119,177.10
Midwest Asphalt Co.
6,891.20
112,285.90 49005
rcns‘s&t #4/fmal 0 1
6/fmal Mapledell
Proj 1005
ProjlOOl
61,888.09
534.25
45.02
719.63
Payroll
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
534.25 49167
S40.77
40.77
2.32
27.52
27.54
3.40
40.39
40.39
11.04
131.18
131.18
40.39
3.40
P E R A
1,362.92
2.89
34.29
34.29
26.73
317.31
317.31
1.85
22.07
22.07
3.43
Payroll
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
40.39 49020
1,910.19
680.3 1
P E R A
1,229.8849019actuator,well
Pavilion furnace
MT1 $
18.90 49018 $57.46
38.56
Owens Services Inc.
WTP2 rplc damper
9-12/9-13
RDG Equipment
Ret Refund $44.00 49017 $44.00
Orbit Courier
9-3
S-3/8-30 AC/Bubble $55.65
Onsgard, Jennifer
Park and
S-3/8-30 Camelot $55.65
B&/8-7 tip $75.65S-3/8-30 E Med
S-3/8-30 Elm Creek plyfld $235.65
S-3/8-30 Elm Creek plyfld $100.65
S-3/8-30 Elm Creek plyfld $100.65
S-3/8-30 Gateway Park $80.65
S-3/8-30 Glenoch Park $55.65
S-3/8-30 Green Oaks $55.65
S-3/8-30 Heather Ponds $55.65
playlield $100.65S-3/8-30 Ridgemont
S-3/8-30 Rolling Hills $55.65
S-3/8-30 Schmidt Ik park $75.65
S-3/8-30 PW garage $55.65
S-3/8-30 Skate park $100.65
S-3/8-30 Shilo park $55.65
S-3/8-30 So Shore Park $55.65
S-3/8-30 St Marys Park $55.65
S-3/8-30 Sunrise park $55.65
3 $100.65S-3/8-30 Parkers beach
2 $55.65S-3/8-30 Parkers beach
S-3/8-30 Parkers playfields $55.65
S-3/8-30 Pilgrim Ln Elem $55.65
Playlield $100.65S-3/8-30 Plymouth
playfield $100.65S-3/8-30 Plymouth
S-3/8-30 Plymouth crk plyfld $235.65
S-3/8-30 Plymouth crk plyfld $100.65
S-3/8-30 Queensland park $55.65
S-3/8-30 Heritage Park $95.65
S-3/8-30 Imperial Hills Park $75.65
LaCompte $55.65S-3/8-30
S-3/8-30 Lions Park $75.65
Maplecreek Park $55.65S-3/8-30
S-3/8-30 Mission Hills Park $75.65
Playtield $55.65OakwoodS-3/8-30
Oakwood plyfld $55.65S-3/8-30
2 $381.30S-3/8-30 Parkers beach
S-3/8-30 Swan Lake Park $75.65
S-3/8-30 Three Ponds Park $55.65
1,842.40
36.89
437.71
72.95
40.88
485.05
485.05
9.82
116.48
116.48
15.01
198.54
198.54
1,842.40
8b.47
954.78
954.78
155.29
9182
1.917.34
8,981.65
5.987.71
1,327.98
885.33
775.23
516.81
1,377.71
48.47
575.36
575.36
1,377.71
1,457.54
58.11
689.49
689.49
116.13
1,457.19
1,389.38
1.389.38
15.98
189.55
189.55
63.39
752.29
752.29
46.46
157.76
157.76
122.85
S241.36
37.54
445.53
445.53
117.11
1,317.03
6.02
867.43
602.10
362.04
S198.54
198.54
13.95
165.47
165.47
6.15
72.95
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Pavroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll GeneratedInvoicePayrollGeneratedInvoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
719.63
75.66
897.77
897.77
44.43
527.23
527.23
16.74
178.02
178.02
77.3 1
917.41
917.41
16.74
198.54
198.54
60.64
437.71
16.74
1,452.19
LaCompte
Sep02 Plym Jr High
Sep02 Pavilion
38.99
35.11
54.79
303.12
35.11
67.38
242.76
35.22
59.40
67.38
69.26
266.52
53.41
35.11
35.22
53.41
49026
phone
Sep02 W Med Lk outside phone
Sep02 FS 3
Sep02 Historical Society
Sep02
Oakwood
Sep02 Ridgemount
Sep02 W Med Lake
Sep02 FS 1
Sep02 Zachary
Sep02 Plym Creek pay phone
Sep02 FS 2
Sep02 Fernbrook
Sep02 Bass Lake pay phone
Sep02 Zachary pay
SepO2
2”Operating nut w/pin $158.44 49172 $158.44
Plymouth Station Auto Center
9-9 Car Care Clinic $192.00 49173 $192.00
Pregler, Kevin
Court parking $8.50 48981 $8.50
Quast, Ken
Sharpen chains $10.00 48980 $10.00
Qwest
Parking,fuel,postage,lunch for
124.76 49171 $124.76
225.00 49146 $225.00
120.17 49024 $120.17
Pilgrim United Meth. Church
9-10 Primary Election $100.00 49025 $100.00
Plant and Flanged Equip.
3
lo-13/l&19 Lodging Tampa FI
Petty Cash
Ret Refund $70.00 49170 $70.00
Pederson, Doug
History Fest fire wood $25.00 48933 $25.00
Performance Kennels Inc
K-9 dog food
Peterson, Mark S
I~
50.00 49023 $50.00
Paustis, Bill
Park and
Phys/MRO ’s
Parkers Lake Baptist Church
9-10 Primary Election
5.00 49021 $5.00
610.15 49022 $610.157-l/8-22 Empl
Ret Refund
Park Nicollet Clinic
l---_-_l_. ““-____
291.83 49168 $291.83
Palmer, Sandy
Park and
I~~_
1,452.47
22.08
262.08
262.08
1,452.47
offrce line
20.70
245.62
245.62
18.47
219.16
219.16
50.60
600.56
600.56
122.42
SeptO2 City Center
POPP Telcom Inc.
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
tuning/F’lymcreek $75.00 49029 $75.00
22,363.33
Siegl, Ray A
Piano
22,363.33 49187
3,863.00$3,863.00 49036
In cnstr
Gutter&dwnspout/copper
Short-Elliott-Hendrickson
Aug02 Proj1014 Nathan
S308.40
8.00 49004 $8.00
Sheridan Sheet Metal Co
AC
Govt center parking
308.4049185Sep-NovO2 AC Elev maint
Shaffer, Michelle
Reimb
S-23/8-23-03 Digital copier $
371.15
288.00
49184 $659.15
Schindler Elevator Corp
S-23-01/8-23-02 PW usage ovrg
PW
14,248.70
Sav-On Printing Center Inc
800 GREAT CORE handbooks $797.60 49183 $797.60
Savin Corporation
25,442.50 $
41,710.83$2,019.63 49182
IIIXIIXI-.~-... .-- ._-,I..__~-I~$
3,767.08
2,513.68
502.2 1
X,193.48
1,018.81
4,506.87
436.17
4,124.24
1,223.58
635.53
200.00
3,322.18
1,727.78
42,199.92$17,028.31 49034
Proj2021 Schmidt
Aug02 Proj 1029 Peony/Troy pave
AugO2
AugO2 Proj2034
Ju102 Proj 1029 - -
SRF Consulting Group, Inc.
THSSffembrookJulO2
Proj2034Ju102
Proj9006Ju102
JulO2 Proj 1028
JulO2 Proj 1040
AugO2 Proj 1028
Proj2020AugM
Proj5012AugM
Proj9006
Proj2006 Mud Lake
Aug02
Proj2014
Aug02
Proj2020
Aug02
Ju102
Proj2021Ju102
49181 $48.00
SRF Consulting Group, Inc.
l.-..-~-~ -_-“ll~....._~
S Worldwide Inc
8 PK folding fan $48.00
49033 $45.00~
llll”-.ll~“.~-~~_--...-_
S
Rehmd $45.00Ret
128,375.97
Robbinsdale-Armstrong Band
1 O-5-02 parade participant $500.00 49179 $500.00
Russell, Darlene
Park and
128,375.97 49178
5,445.09
328.50 49030 $328.50
5,445.09 49176
1028/l 040 Signal
7-19/9-l Heating bill
Richfield Bus Company
9-4-02 Old Log Theater
Ridgedale Electric Inc
Proj
EnergyMinnegasco
304.11 49175 $304.11
Reliant
p.._p
140.00 49028 $140.00
161.15 49174 $161.15
1__-,~------__““_.._._ ““,.“..-_..“l.-.-.... -~-
Ret Refund
Reliable Hockey
24 Diamond Dresser
225.00 49027 $225.00
Burnsville
6 various labels
Randolph, Anne
Park and
RDO
InspiEvalVF Drive
R M Cotton Co
6-25-02
3,798.32
50.05
139.42
1,665.00 49194
l_llll ”---_-l-l
35.75 49046 $128.70
92.95
II~_(----~--~_.-~-
Rockford Rd
25.84 49193 $25.84
ll..l..--- ~ “~
Sun Newspapers/Notices
Precinct Finder page 1
File 2002103
Proj 2009 Peony Ln
l”l_.-.“.._-.-.-_““-
Sun Newspapers/Notices
Liquor License Joy of India
Ord 2002-27
33# cylinder
86
66.94 49192 $501.80
213.34
221.52
Suburban Propane
1
361.95
300.00 49044 $300.00
20.50 49191 $20.50
Streicher’s Prof.Police Equip.
1 12-Gabarrel6Gunscrubber
9MM locking roller holder
2 Badge panel changes
138.61 49045 $283.13
63.58
17.04
63.90
Streicher’s Prof.Police Equip.
Unit 186 rotator assembly
Unit 186 squad equip install
2 Badge
Ave/recording fee
999.75 49043 $999.75
361.95 48970
Ret Refund
Stewart Title
13915 52nd
JulO2 Groundswork
Stein, Robin
Park and
Minnesota/EMSOCS
841.91 49041 $841.91
St Phillip’s Lutheran Church
9-10 Primary Election $100.00 49042 $100.00
Star Tribune
Engineering job advertise
State of
4,345.77
150.00 49040 $150.00
4,345.77 49189
11,212.00
60.65 49131 $60.65
11,212.00 49039
I~_-.-__~__
St Louis Park HRA
Sep02 HAP
212.98 49112 $212.98
160.00 49080 $160.00
47.72 49177 $47.72
9- 10 Primary Election
sprt/upd
St Barnabas Lutheran Church
HRVantageDec02-Dec03
Spectrum Human Resource Sys.
6-14-01/7-l-02 Plym Civic mtg
7-2918-9 Youth sports camp
Slavik, Kelli
Skyhawks Sports Academy
AveNUtility Refun
Golf,Chip,Putt
Skogman, Richard
17110 13th
Radioshack/RCA pro speakers
Skavnak, Bryan
S-1318-29
door,sensor
589.05 49188 $664.05
75.00
Simons, Gordon
F/A on AC rm
syst,control dialer
Silent Knight Security Group
CC Test
I- ~_~-- -
155.00 49038 $155.00
ll_“--^ll~-.-. -- “,“--- ~ ~~ “_
Silent Knight Security Group
8-17 fault smoke detector
867.00 49037 $867.0002’/03’Pavilionfire alarm
Siemens
8.39 49055 $100.75
8.39
58.80
25.17
Verizon Wireless
I“““-“...“lll~~~-_~_,,“._
Verizon Wireless
Sep02 P&R Prog 186
Sep02 Dwight Johnson
Sep02 Mike Engler
Sep02 IT Cell phones
26.00 49054 $26.00__-.
l____.“._.._._._,~______-.-.”.--_
Ret Refund
VanDellen, Henry
Park and
Kleist,Pregler/mini trials Det $80.00 49202 $80.00
United Way of Mpls
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
Payroll Generated Invoice
11.00 49203 $204.03
22.00
4.00
18.00
11.00
19.85
3.85
2.00
5.00
11.00
16.00
1.00
10.00
2.00
11.54
10.00
1.37
6.42
11.00
6.00
21.00
2x2.5gl Roundup Pro $964.80 49201 $964.80
USPCA Region 12
4cs
UAP-Midwest
1,300.00
1,000.00
Twin Cities Mini Excavating
City Hall east side drainage c
1,000.00 49200
4,817.34
Twin Cities Metro Pipe Band
10-5-02 Parade participant
4,817.3449052Emergrepairsonpump
Control, Inc.
Dunkirk centerline striping $231.36 49199 $231.36
Tri-State Pump
Traffic Marking Services Inc
I__
1,264.69
Total EntertainmentProduction10-5-02 Parade entertainment $450.00 49198 $450.00
1.25hr force weed ct %
1,628.92S-518-14 3
9hrs force weed cut $364.2349050S-19/8-22
ThyssenKrupp Elevator
Sep02 PS Elev Serv $98.17 49049 $98.17
Todd’s Lawn and Garden
Voller,Schmoyer,Forslund/Horse $455.00 49048 $455.00
S-13/8-26 On site service $974.27 49047 $974.27
Three Rivers Park District
Allday live fire tr $110.23 49130 $110.23
System Control Services, Inc.
x_l””
Sykora, Karri
9-21 Lunch
l.-~_.._~-_.~._____,___...~ 11111_“11.1. ..- ---~.--__I -__x_I. “I~-_.~~-”,--_._ .._--11 “x-l” ~
1,665.00
Notice of Public Accuracy Test $35.75
Proj 9005 Landscape planting $128.70
Mill and overlay $114.40
Precinct finder page 2
2,303,633.73
10-5-02 Parade participant $500.00 49125 $500.00
TOTAL AMOUNT:
149.60 49064 $257.64
28.38
79.66
Zurah Steel Drum Band
2,893.92
Zarnoth Brush Works
1 8x26 wafer broom $338.31 49215 S338.31
Zee Medical Service
PW Medical resupply
PS Medical resupply
CC Medical resupply
7,682.39
51.50
11.30
85.53
4,640.14 49214
35289.04
75,945.91$40,656.87 49063
FlasheSeptO2TrafficSignal
SeptO2 Street Lighting
S-18/9-6-02HwylOl/Final
SeptO2 Civil Defense Sirens
3225
Lifl Stations
Xcel Energy
Sept02
Treatments
Sept02 Street Lighting
SeptO2 Wells
Xcel Energy
1,982.53$1,982.5349213Compensatn
02’Mag subscription $49.95 49212 $49.95
Workers Compensation
02’ 4th qtr Workers
Net Magazine
I
Windows
Oie/“Citizen Complaints and $149.00 49062 $149.00-- -
71J19.34
William Mitchell Law College
T
71,319.34 49060#l l/final PWExpansProj8018
light,rpr two exit I $476.40 49058 $476.40
West Point ProductsInc6toner,3 colored cartridge $837.09 49059 $837.09
Westra Construction Inc
meals/Terr $77.39 49186 $77.39
WeberElectricMoveexit
15/9- 18 Las Vegas9-
Ret Refund $44.00 49208 $44.00
Wayzata High School Band-#284
lo-S-02 Parade participant $500.00 49209 $500.00
Webb, Scott
1,627.96
Wan, Chunling
Park and
1,627.9649057I-29-02Toshiba maim ADM
handle,cleaner equal $10.03
Wagers, Inc.
8-3 l/l
3.Ogl poly sprayer $52.67 49206 $446.57
2 Lamp ballast/AC $383.87
1 mop
W W Grainger In c
Double loop chain $24.25 49056 $566.36Capscrew/hex bolt $496.97
Hard cap/ratchet/glove $45.14
W W Grainger Inc
1
Inst Comm Work Cr $505.03 49205 $505.03
Sep02 Chief Kline $15.24 49204 $15.24
Viking Safety Products
34 var size
8,2002
1.ACTION REQUESTED: Adopt the attached resolution appointing election judges.
2.BACKGROUND: Appointments of election judges are made by the City Council.
The Council can appoint any individual to serve as an election judge with the
exception of the following who are not qualified to be judges:
1.
2.
3.
Unable to read, write, or speak the English language;
Is the spouse, parent, child, or sibling of any election judge serving in the
same precinct or of any candidate at that election; or
Is a candidate at that election.
3.ALTERNATIVES:The City Council can amend the list of judges as desired.
4.DISCUSSION:Staff will use the list adopted by the Council to schedule election
chairpersons and judges for our 25 precincts.
5.BUDGET IMPACT: We estimate that there will be sufficient funds in the
Temporary Salaries line item of the Elections Budget to cover the cost of the election
judges for the November General Election.
6.RECOMMENDATION: The attached resolution appointing election judges for the
2002 General Election is recommended for adoption.
25,2002 for City Council Meeting of October
TO:Dwight D. Johnson, City Manager
FROM:Sandra Paulson, City Clerk, through Laurie Al-n-ens, Asst. Mgr.
SUBJECT:APPOINTMENT OF ELECTION JUDGES
DATE:September
j*. ; Agenda Number:
LaVonne W .
Anne
Sybil
Doug
Rita
Kim
Donna
Barb
Ann
Laura L.
Dr. Edward
Franz
Betsy
JudithEnich
Juanita
Joyce
Katherine
Janet
Darryl
Joan
Karen
Helen
Karen
Fran
Margaret
Irene
Jim
James
Nadine
Carol
Nancy
John L.
Virginia A.
Fran
Laura P.
Philip
Eleanor
James C.
Satish
Siiri
Hank
Kay
DuSchane
Dvorak
Ebbers
Ehramjian
Eifert
Eisenbauer
Ellgren
Dunford
Doan
Dolan
Dombeck
Dorrel
Dorweiler
Dougherty
Drazan
Drazan
DeMorett
Divakaran
Ina H.
Trudy Anne
Nel
Kersten
Beverly
Betty
Cassy
Rosalyn
Harry E.
Ruth
Charlotte
Connie
Esther
Fran
Alvin
Douglas C.
Diane
Frances
David E.
Burke
Busch
Cady
Campbell
Carpenter
Cassidy
Chandler
Chen
Chesebrough
Christensen
Christensen-Freese
Clark
Clayton Jr.
Clemenson
Colpitts
Connelly
Daniels
Davis
Davis
Day
Deaton
Deeney
Degman
llene
Paula
Lucille
Jim
Mike
Elly
WI.
Richard L.
Robert N.
Virginia
Holly
Patricia
Ruth
DeEtte
Janice
Arland
Margery
Mary
Matthew
Lucille
David
Cyrus J.
Marilyn J.
Sharon
Blocher
Blom
Bohnenstingel
Bohnenstingel
Borofka
Bratt
Brooks
Bruer
Burke
Bittman
Bjerke
Angel1
Archer
Asunma
Baird-Kaminski
Balombiny
Barber
Barnes
Barth
Barton
Beachler
Becker
Beckstrom
Berg
Berlin-O ’Connell
Bethke
Bird
Andries
Adair
Alden
Alexander
Alexander
Althaus
Andersen
Andersen
Anderson
Anderson
Anderson
Anderson
Anderson
2002-
APPOINTING ELECTION JUDGES FOR GENERAL ELECTION
BE IT RESOLVED by the City Council of the City of Plymouth that the individuals on the
attached list are appointed as Election Judges for the 2002 general election:
Abbey
Abe
1 of5
CITY OF PLYMOUTH
RESOLUTION NO.
Nita
Lon
Betty J.
Diane
Darwin
Kinnear
Kinnunen
Klingelhoets
Kniefel
Koopmann
Krause
Kroupa
Krueger
Karin E.
Kathlene
William
Barbara
John
John
Judy M.
Lynda
Marcia
Maria M.
Eloise
Cynthia
Alice
James
Daniel
Glen
Richard N.D.
Loras
Joe
Marcy
Virginia
William
Florence
Delores
Richard E.
Steve
Ellen
Violet
Al
Charlene
Jill S.
Beatrice
Leo
Les
Sue
Mary
John
Vali
Van
Betty
Edna
Suzanne F.
Barbara
Kevin
KaKach
Kalin
Kaminski
Kardashian
Kardashian
Kickertz
Kimmes
Huggins
Hunt
Hunt
Hyser
lskierka
Jacobson
Jankowiak
Jarvinen
Jerve
Johansson
Johnson
Johnson
Jordan
Jordan
Kahlow
Herrmann
Hier
Hier
Hier
Hillesland
Hinckley
Hinitz
Hippauf
Hjelmstad
Hoelscher
Hoff
Hoff
Hogan
Hohenstein
Holm
Holmberg
Horvath
Herrmann
LeRoy
Irene M.
Janice
Rosemary
Audrey
Annie
Karen
Patricia
Joyce
William
Anne Marie
Melissa
Karen
Herman
Joni A.
Lila
David
Kimberly
Kay
Darleen
Marvin
Jim
Tom
Luella
Have1
Havriliak
Hawley Marczak
Hayes
Hayward
Hedrix
Helker
Hennen
Herbert
Herman
Dianne
Joyce
Fran
Muriel
Joyce
Carol
Ginger
Linda
Calvin A.
Joan
John
Robert J.
Audrey
Marlene
Georgine
Mark
John W.
Dee
Kathleen
Lynes
Andrew
Chris
Marijo
Virginia
Lucille I.
Jean
Hagen
Halbur
Hammes
Hanson
Harder
Hart
Hatcher
Haugen
Gilson
Goldstein
Good
Grams
Green
Griep
Griggs
Grone
Gust
Gustafson
Getten
Gifford
Gabbert
Gall
Gamache
Gassner
Gause
George
Evenson
Fasching
Ferrin
Finley
Flaig
Flaskerud
Francis
Fridgen
Friedman
2of5
APPOINTING ELECTION JUDGES FOR GENERAL ELECTION
Erickson
Erickson
Essig
Eubank
Marian
Raymond
Joan
Jill
Myrle
Helen
Allen
Kent
Jo
Dorothy
Pat
Pat
Lorentina
Kim
Cortland
Margaret
Leslie
Ronald E.
Ruth C.
Laverne
Edith
Joanne A.
Steve
Lucille
Mario G.
Mary E.
Marguerite
Arlene
Kay I.
Marlys
Howard E.
Jack
Jerine
Alice
Stephanie
Robert
Ruby F.
Debbie
Lavon
Loretta E.
Gordon
Jean
Maren
Morrill
Paul
Ribbe
Riedesel
Rimmereid
Rinkenberger
Roberts
Robles
Rogers
Romine
Olaf J.
Ryan
Audrey
Gloria
Palmberg
Palmer
Palmquist
Paskach
Pearson
Pedercini
Pederson
Perrine
Peters
Petros
Phillips
Pochardt
Polack
Polumbo
Pool
Prazak
Pribble
Price
Priebe
Quick
Rabens
Ranisate
Rasmussen
Rasmussen
Raugland
Reiswig
Reiswig
Rengel
Bernice E.
Pauline
Dolores
Darlene
Erwin
Cheryl
Richard J.
Laura Lee
Sharon
Phyllis
Shirley
Sharon
Donald
June
Rebecca
Shureen
Olsen
Olsen
Olson
Olson
Olson
Olson
Oppegard
Ornburg
Ornburg
Ostrem
Ostrem
Otis
Juliana
Paul
D.
Florence
Nancy M.
George
Kathleen
F. Dean
Marilynn L.
Perry
Mike
Carol
Manjula
Lee
Mary Jo
Nancy E.
Claudia
Alice
Herbert E.
Garylngrid
Clyde
Dianne K.
James
Rosemarie
Grace
Russell
Florence
Karen K.
Richard G.
I.
Merle
Judith
LaSina
Muriel
McGiffin
McKay
McKay
Menard
Metro
Metro
Michel
Michel
Midgorden
Milner
Minkema
Mitchell
Moe
Moen
Moen
Moffett
Mohr
Molnau
Monson
Murphy
Nielsen
Nielsen
Norgren McKay
Nyvold
McDonell
Maslow
McCarty
McClelland
Maas
Mantilla
Markham
Marth
Masler
LaVasseur
Lawson
Leaf
Leger
Lichtenberg
Lieder
Louis
Lovisolo
Lush
LaGue
Lanes
Lange
Lau
LaBissoniere
Labbe
3of5
APPOINTING ELECTION JUDGES FOR GENERAL ELECTION
Kude
Yancy
Ye
Zasadny
Jeanne
Linda
Sarah
Betty
ldee
Russ
Tracy
Barbara
Paul
Laura Kay
Nancy
Jack
Arlene
Geri
Mable
Vera
Katherine
Doug
Marilu
Ada
Karen
Donald A.
June P.
Dorothy
Barbara
Paul
Paul D.
Kathleen
Cindy
Robert M.
Frank
Carolyn
Joan
Kenneth
Geraldine M.
Dennis
Jerome
Luella
Martha
Peg
Ann
Earl R.
Doris
Jean H.
Darlene
Rita
Adrienne
Shirley
Peter
Woodrich
Woolsey
Xistris
WittIer
Witcraft
Wrtcraft
Wilkerson
Wilson
Wilson
Wawrzyniak
Weinzierl
Weir
Weishair
Welch
Wendinger
Westly
Whitehead
Wilczek
Tipton
Vajda
Vavreck
Vigness
Volstad
Volstad
Waaraniemi
Washington
Steck
Steefel
Stensrud
Stenzel
Stenzel
Sterk
Stonebraker
Strand
Strauss
Struble
Suttor
Swanson
Swanson
Swanson
Swanson
Swenson
Szarkowski
Theodore
Thompson
Simonson Thomas
Singer Eleanor
Sinko Terry
Sjoberg Lavonne
Skinner Alice
Skytte Stan
Smith Bill J.
Snider Muriel
Sommers Dolores
Sorlie Todd N.
Springer John
Stanke Ed
S.
Starczewski
Simonson Shirley A.
Sheeran Sylvia
Sigurdson Barb
Silver Harriet
Severson Katharine
Shea David
Sandi
Scherer Roger H.
Scheu Jean
Schlismann Val
Schlismann Val
Schmidt Marianne
Schmitt Larry
Schmitt Mary C.
Schnell Mary Ann
Schuelke Walter J.
Schultz Joan
Schulz Craig
Schuneman Patricia
Sehnert Ann
Seidel
Sal0 Marilyn
Sandvig John
Sarles Bev
Sattervall Carole
Sattervall Woody
Scheglowski Valentin
4of5
APPOINTING ELECTION JUDGES FOR GENERALELECTION
Ross Carol
Ross Kurt
Rotsch Susanne E.
Rousu Deborah
Rova Wynette
Rudolph William
Ruegemer Del
Runquist Doris
Rydberg Carole
Ryding Karen
Ryshavy Dorothy
DeMarcus
Tibesar Sarah
Wasschle Brianna
Sarah-
Justin
Heather
Sarah
Kate
Erin
Robbie
Stephanie
Pedersen-Green Sonja
Sayer Allison
Shaller Erin
Suggs
Carolin
Shauna
Kate
5of5
Abbot
Field
Gavin
Hubscher
Kaitz
Kearney
Koblick
Luebke
Martin
Morrison
Myers
Neal
Parks
Paulson
APPOINTING ELECTION JUDGES FOR GENERAL ELECTION
Caitlin
Abby
Sam
monopole antenna tower and related ground equipment within an unimproved segment of
the Forestview Lane right-of-way, lying roughly 725 feet south of the south Highway 55 service
road.The purpose of the request is to provide improved coverage and additional capacity in the
southeast portion of Plymouth for residents and the traveling public.
3.PLANNING COMMISSION HEARING:
On September 18, 2002, the Planning Commission conducted the public hearing on this matter
and subsequently voted 5-l (Holmes voting nay) to recommend approval. The applicant was
present and concurred with the staff recommendation.
In response to a question by Commissioner Rohloff, the applicant stated that if this antenna site
is approved, they would be able to determine by early next summer-when there is full foliage
75foot
high
4/7 vote of the City Council.
2.DESCRIPTION OF REQUEST:
The applicant is requesting approval of a conditional use permit to allow installation of a
8,2002
1.PROPOSED MOTION:
Move to adopt the attached resolution approving a conditional use permit for Quest Wireless,
LLC, as recommended by the Planning Commission.
Approval of a conditional use permit requires a
26,2002 for the City Council Meeting of October
30,2002
DATE:September
right-
of-way located south of Highway 55 (2002103)
REVIEW DEADLINE:November
monopole
antenna tower and related ground equipment in the Forestview Lane
Agenda Number
CITY OF PLYMOUTH COMMUNITY
DEVELOPMENT DEPARTMENT
CITY COUNCIL AGENDA REPORT
TO:
FROM:
Dwight Johnson, City Manager
Shawn Drill, Senior Planner through Anne
Development Director
SUBJECT:Qwest Wireless, LLC.Conditional Use Permit to allow a
monopole
would not be highly visible and would have the least off-site impacts.
A copy of the Planning Commission minutes is attached.
unipac antenna
that would be used at this site is much less obtrusive then the typical crows nest triangular array.
The applicant stated that the site is far from Highway 55 and residential uses, and behind the
entrances to parking for Honeywell and Fourth Baptist Church. The applicant added that, within
the search area, the proposed right-of-way location is the best location because the
monopole would
be equipped with a lightning rod and would be fully grounded.
In response to the question about aesthetics, the applicant stated the cylinder-type
monopole is not climbable, and that the location would not interfere
with the use of the play fields at Fourth Baptist Church.
In response to the question about lightning strikes, the applicant stated that the
monopole on a berm surrounded by a lot of vegetation. The
applicant also noted that the
monopole
would be designed to accommodate the antennas for another cellular provider, as required by the
City to reduce the number of monopoles needed in the City.
Two people from the audience spoke at the hearing to ask questions about 1) interference for
television and radio reception, 2) safety, 3) fencing, 4) lightning strikes, and 5) aesthetics.
In response to the question about interference, the applicant stated that the cellular antenna
would not interfere with television, radio, or satellite reception, nor would it interfere with other
cellular users.This is because, under strict FCC (Federal Communications Commission)
regulations, they are required to operate within their assigned band width,
In response to the concerns about safety, the applicant submitted two research reports for the
record. One of the reports, dated June 2, 2000, was from the Local and State Government
Advisory Committee of the Federal Communications Commission. The other report, dated May
2001, was from the United States General Accounting Office. Both of these extensive reports
are on file with the Community Development Department. These reports demonstrate that there
are no health effects from cellular antenna sites unless a person is very close (within five feet) to
the antenna for prolonged periods of time. Because this antenna would be mounted high on a
pole, there is not a way that a person could get close enough to the antenna to affect health.
In response to the question about fencing, the applicant stated that no fencing is proposed for this
right-of-way site. The applicant stated that the ground equipment would be contained in metal
boxes similar to the ones used to control traffic signal lights. He stated that the boxes they use
are locked, vandal proof, and do not contain high voltage. He noted that the ground equipment
would be located next to the
File 2002 103
Page 2
on the trees-whether the existing antenna site near Wayzata East Middle School could be
decommissioned.
In response to a question by Commissioner Holmes, the applicant stated that the
monopole in a triangular configuration.
monopole antenna tower
would provide improved coverage and additional capacity in the southeast portion of Plymouth
for residents and the traveling public.
Under the plan, a cylinder-shaped unipac wireless service antenna would be mounted at the top
of the monopole.A unipac array is less obtrusive than most typical antenna arrays, where
antennas are mounted outward a few feet from the
right-of-
way. The Zoning Ordinance allows freestanding antenna towers in the right-of-way upon
issuance of a conditional use permit.The applicant states that the
monopole antenna tower and related ground equipment in the Forestview Lane
75-foot
high
monopole would lie roughly 725 south of
the south Highway 55 service road, and roughly 580 feet north of the nearest residential property
line.
5.LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City ’s discretion in approving or denying a conditional use permit is limited to whether or
not the proposed project meets the conditional 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.
6.ANALYSIS OF REQUEST:
The applicant is requesting approval of a conditional use permit to allow installation of a
65-acre site located immediately west
of Forestview Lane. Fourth Baptist Church is situated on the roughly 23-acre site located
immediately east of Forestview Lane. The proposed
monopole if and when the
City determines that Forestview Lane needs to be extended in the future.
B.Surrounding Land Uses
Honeywell Solid State Division is situated on the roughly
monopole antenna tower site. The City
currently has no plans to extend Forestview Lane farther south. Consequently, this segment of
right-of-way is not presently being used. The City approved an encroachment agreement with
U.S. West Wireless (now Qwest Wireless) in 1999. Under the terms of that agreement and the
necessary right-of-way permit, the City can require removal of the
monopole antenna tower would be located within an unimproved segment of the
Forestview Lane right-of-way lying south of Highway 55. The improved portion of Forestview
Lane ends roughly 75 feet north of the proposed
signage remains on
the site.
4.CONTEXT:
A.Background
The proposed
File 2002 103
Page 3
Notice of the Planning Commission ’s public hearing was published in the City ’s official
newspaper and mailed to all property owners within 500 feet. Development
monopole antenna tower and related ground equipment
within an unimproved segment of the Forestview Lane right-of-way, subject to the conditions
listed in the attached resolution.
75-foot high
monopole would have a
galvanized finish to reduce visual impact, and would be able to accommodate another wireless
user in the future to limit the number of monopoles in the City. These items are addressed in the
attached resolution.
If the proposal is approved, the applicant would need to obtain the required right-of-way permit
from the City, in accordance with the existing encroachment agreement between Qwest Wireless
and the City.A copy of the encroachment agreement is attached.
7.RECOMMENDATION:
Community Development Department staff recommends approval of a conditional use permit to
allow installation of a
File 2002 103
Page 4
The related ground equipment would be located near the base of the monopole.The equipment
would consist of pre-assembled cabinet type structures that contain the radio frequency
transceivers, computer equipment, and batteries for back-up power. Existing trees and shrubbery
in the area would remain and would serve to screen the ground equipment.
The applicant provided information from an RF (Radio Frequency) Engineer indicating that a
height of 75 feet was necessary to provide adequate coverage and capacity.A copy of the RF
Engineer ’s letter is attached.
The applicant states that if this antenna site is approved, it may enable them to decommission an
existing 60-foot high light-pole mounted antenna located in the right-of-way near Forestview
Lane and Ridgemount Avenue. The applicant states that they will be able to further evaluate that
possibility after the subject antenna site is fully operational.
The City Council must review this conditional use permit request with the standards outlined in
the ordinance. A copy of those standards is attached. The Planning Commission and staff have
found that the proposal meets the applicable standards, as follows.
The proposal 1) would be consistent with the Comprehensive Plan; 2) would not be detrimental
to the public health, safety, morals or comfort because the antennas would comply with all State
and Federal Communication requirements; 3) would not be injurious to the use and enjoyment of
other property in the area for the uses already permitted, nor substantially diminish or impair
property values within the neighborhood; and 4) would not impede the development or
improvement of surrounding properties.Additionally, the proposed
File 2002 103
Page 5
ATTACHMENTS:
1.Resolution Approving Conditional Use Permi
2.Planning Commission Minutes
3.Applicant ’s Narrative
4.RF Engineer ’s Letter
5.Encroachment Agreement
6.Conditional Use Permit Standards
7.Location Map
8.Site Graphics
monopole and related equipment, the applicant must
obtain a City permit to allow construction within the right-of-way.
2,2002.
2.The conditional use permit is granted with the finding that the proposal: 1) would be
consistent with the Comprehensive Plan; 2) would not be detrimental to the public
health, safety, morals or comfort because the antennas would comply with all State
and Federal Communication requirements; 3) would not be injurious to the use and
enjoyment of other property in the area for the uses already permitted, nor
substantially diminish or impair property values within the neighborhood; and 4)
would not impede the development or improvement of surrounding properties.
3.Prior to installation of the
monopole antenna tower and related ground
equipment, pursuant to the plans received by the City on August
75-foot high
monopole tower to be located in the Forestview Lane right-of-way located
roughly 725 feet south of the South Highway 55 Service Road; and
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 Qwest Wireless, LLC for a conditional use permit, subject to the following
conditions:
1.This approval allows a
75-foot high
MONOPOLE ANTENNA TOWER AND RELATED GROUND EQUIPMENT FOR
QWEST WIRELESS, LLC, IN THE FORESTVIEW LANE RIGHT-OF-WAY
LOCATED SOUTH OF HIGHWAY 55 (2002103)
WHEREAS, Qwest Wireless, LLC has requested approval of a conditional use permit for
a
2002-_
APPROVING CONDITIONAL USE PERMIT TO ALLOW INSTALLATION OF A
CITY OF PLYMOUTH
RESOLUTION
8,2002 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
8,2002.
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 October
monopole shall be designed to accommodate one other wireless user.
The conditional use permit shall expire one-year from the date of approval, unless
the project is substantially completed or an extension is applied for and granted, as
regulated under Section 2 10 15.07 of the Zoning Ordinance.
ADOPTED by the City Council on October
monopole shall have a galvanized finish.
The
Resolution 2002-
2002103)
Page 2
4.
5.
6.
7.
8.
Compliance with the terms of the encroachment agreement that was executed in
December 1999 between the City of Plymouth and U.S. West (now Qwest) Wireless.
The permit is subject to all applicable codes, regulations and ordinances, and
violation thereof shall be grounds for revocation.
The
monopole
is specifically designed to accommodate another provided in accordance with the City ’s
requirement.
Commissioner Rohloff asked if other communities have experienced any types of problems with
these structures.
Mr. Coleman responded that there has never been a collapse and noted most concerns have
regarded aesthetics.
monopole to another
wireless service.
Mr. Coleman responded there could be a joint use agreement with preset rates, as the
monopole will not obscure the view from the neighboring uses.
Mr. Coleman presented two research reports for the record which address health safety issues
regarding cellular antennas. The reports demonstrate that health effects are limited to areas very
close to the antennas (within five feet), and because the proposed antenna would be mounted 70
feet above the ground, health issues are not a concern. Mr. Coleman also noted that the ground
equipment poses no health safety issues. Responding to Commissioner Rohloff s question, Mr.
Coleman said the decision to decommission the antenna site Wayzata East Middle School could
be made early next summer when there is full foliage on the trees.
Commissioner Holmes asked about the possibility of Qwest subletting the
monopole towers, which compared to their competitor ’s, are sleeker
with a cylinder the same diameter as the pole that helps to blend into the environment. Mr.
Coleman said the
11,2002 staff report.
Commissioner Rohloff asked how much time Qwest would need to determine if the existing
antenna near Forestview and Ridgemount Avenue could be removed. Planner Drill deferred the
question to the Qwest representative.
Chairman Neset opened the public hearing.
Chairman Neset introduced Larry Coleman, representing Qwest Wireless. Mr. Coleman stated
Qwest has received the right-of-way permit contingent upon approval of the conditional use
permit. Mr. Coleman said he feels this site is the most unobtrusive of the options for this search
area. He stated Qwest ’s
4,2002
Page 2
7.PUBLIC HEARINGS
A.QWEST WIRELESS LLC (2002103)
Senior Planner Drill gave an overview of the September
Draft
Planning Commission Minutes
September
12,2002 staff report detailing the
lting Group. Mr. Warner
reviewed the roadways where changes are most likely to
multiple traffic conflicts and safety issues on a road sou
appr 9,000. thro the year 2020 traffic 14,000 and north of sunset 17,000 p
COUNTY ROAD 73 CORRIDOR STUDY (2001155)
Planning Manager Senn
background and process
September
monopole antenna tower and
related ground equipment in the Forestview Lane right-of-way located south of Highway 55.
Vote. 5 Ayes. MOTION approved on a 5-l vote (Commissioner Holmes voting nay).
UTH
Gaither, to approve the
request by Qwest Wireless for a conditional use permit to allow a
monopole will be equipped with a lightning rod on the top, and would be fully grounded. It
meets the electrical engineering standards and poses no danger from a lightning strike from the
tower. Mr. Coleman said aesthetically they feel this is the best design and location in this area.
MOTION by Commissioner Rohloff, seconded by Commissioner
monopole is not climbable. Mr. Coleman said the
monopole will detract from their site.
Chairman Neset closed the public hearing.
In response to the question about interference, Mr. Coleman stated that the FCC (Federal
Communications Commission) has very strict guidelines which require them to operate within
their assigned band width. Any violation would put them in danger of losing their license for
their entire system. Mr. Coleman stated this antenna would not interfere with T.V., radio, or
reception from other cell phone companies if everyone operates within their band width. Mr.
Coleman said the ground equipment would be similar in size and design as metal traffic signal
boxes. The equipment would be locked, vandal proof, and surrounded by existing bushes for
screening. Mr. Coleman added that the metal
Blessman relayed a concern from their pastor that this
Blessman said there is a softball field, with a metal backstop, and questioned if a lightning strike
could be drawn to the tower. Mr.
Blessman said there is no
fencing in this area and there are 320 children on the property 9 months of the year. Mr.
Blessman said that Fourth Baptist Church was approached by
both AT&T and Qwest in recent months to lease space for a tower. The church ’s legal and
pastoral staff discussed the requests and declined the offers. Mr.
4,2002
Page 3
Chairman Neset introduced Dennis Whitehead, 3850 Zinnia Lane North. Mr. Whitehead
inquired about possible interference in reception for radio, TV, etc., from the proposed antenna.
Chairman Neset introduced Gary Blessman, Business Representative for Fourth Baptist Church,
900 Forestview Lane North. Mr.
Draft
Planning Commission Minutes
September
4’h Baptist Church and of the
main entrance to the Honeywell parking lot so neither property should be affected by the site.
Also, casual traffic should be minimal since Forestview Lane comes to a dead end at the rear of
the Honeywell property.
When this site becomes fully optimized, it should eliminate our need for the existing
right-of-way site located at 105 Forestview Lane but that will need to be determined after this
site is actually operational.
Xcel poles in the area
and these sites all either had unwilling property owners or did not meet our coverage needs.
From the City’s right-of-way maps and survey of the area, it can be seen that the
proposed location is within the mapped right-of way although it appears to be outside the
roadway. This is due to the fact that Forestview Lane begins to curve onto the Honeywell
property slightly to the North of the proposed location and the right-of-way continues in a strait
North/South line. There are no residential properties in the immediate vicinity of this site and
the proposed location is to the South of the rear parking lot of the
qfh Baptist Church property, the Honeywell
property, the emergency siren along the Highway 55 frontage road and the
LaCompte Park, the
monopole and will be
screened by existing bushes. Several alternative locations were investigated besides this site
including the AT&T antenna at
unipac antenna on
top of the pole making a total height of 75 ft. There are trees nearby to help provide screening
for the pole. The ground equipment will be located adjacent to the
monopole in the right-of-way with a
monopole and accompanying ground equipment in the
Forestview Lane right-of-way South of the Highway 55 frontage road. Also enclosed please find
a check in the amount of $365.00 for the application fee, 2 sets of site plans, a set of construction
drawings, a copy of an area survey, 2 photo renderings of the site, an analysis of the Conditional
Use Factors, an analysis of the General Performance Standards, a letter from our structural
engineer indicating that the pole will be collocatable, a letter from our radio frequency engineer
indicating the height of the proposed pole is the minimum necessary to function satisfactorily,
and a certified property owners list from Hennepin County. An application for a Right-of-Way
Permit is being filed concurrently with this application.
This proposal is to locate a 70 ft.
2,2002
Shawn Drill, City Planner
City of Plymouth
3400 Plymouth Blvd.
Plymouth, MN 55447
Re:Application for a Conditional Use Permit
To Locate Antenna in the Forestview Lane Right-of-Way
Our File No.: Min 579 C
Dear Mr. Drill:
Enclosed please find an application by Qwest Wireless, LLC (Qwest) for a Conditional
Use Permit to locate an antenna,
August
LJCYWO
sultant
Qwest Wireless, LLC
Enclosures
Reswtfully Submitted,
Real Estate
CUP Application
Page Two
Further details regarding your CUP Standards and General Performance Standards can be
found in the enclosed materials.If you have any questions or are in need of additional
information, please do not hesitate to contact me at (612) 272-0047.
I
20022 - 4; : Ii
r..;
3
7. . . . . _. i
tIS/
I._ --- ‘,.
Winsted, MN, or Valmont Industries, Inc. of Valley, NE. The
manufacturer will be determined after zoning approval. It is a matter of Qwest policy to require the manufacturer
to provide pole drawings and calculations certified by a currently licensed professional engineer in the State of
Minnesota at the time of purchase of the pole. Qwest will submit copies of these certified drawings and
calculations, and certified foundation drawings and calculations specific to this site at the time of building permit
application.
The pole and ancillary parts to be provided by the pole manufacturer will be factory galvanized. The design of
the pole and the foundation will allow for the future addition of one wireless carrier ’s antenna array. The pole
manufacturer ’s drawings will indicate the location and type of antennas used for the design of the pole and
foundation.
If you have any questions I can be contacted on my direct wireless line, 612-272-0089.
Sincerely,
Dale R. Thorne, P.E.
Structural Engineer
MN license no. 17205
QWEST WIRELESS, L.L.C.
426 North Fait-view Avenue, Room 101
St. Paul, MN 55104
July 11, 2002
Planning Commission
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447
Re: Direct Bury Pole Structural Design for the Proposed Qwest PCS Site MIN-579 located on right of way of
Forestview Lane south of State Highway 55, Plymouth, MN 55441.
To the Planning Commission,
The manufacturer of the pole for this site has not been determined as of the writing of this letter, but will probably
be either Millerbernd Manufacturing Co. of
I..“... .^I
1I’ -.‘,;‘, i
j“,I20022 - ‘:
I;* :/’!,,.
a.;, :- N/A.
off-
street loading areas are being proposed. Forestview Lane is a dead end at this location
and on-street parking will to allow traffic to pass in both directions.
Subd. 5. Loading docks and drive-up facilities shall be positioned so as to minimize
internal site access problems and maneuvering conflicts, to avoid visual or noise
impacts on any “adjacent” residential use or district, and are in compliance with
Section 21135 of this Chapter.
traffic conflicts and shall be in compliance with Section 21135 of this
Chapter.
This is a Right-of-Way site and off-street access and parking is not being
proposed. As mentioned above, the only traffic will be a single vehicle on a monthly
basis for routine maintenance and in emergency circumstances. Routine maintenance is
typically less than one hour in duration.
Subd. 3. If applicable, a pedestrian circulation system shall be clearly defined and
appropriate provisions made to protect such areas from encroachment by parked or
moving vehicles.
N/A. This site is unmanned and the only pedestrians will be the maintenance
personnel. There is sufficient space between the site and the road to allow a sidewalk in
the event that the city decides to locate a sidewalk along the road.
Subd. 4. Adequate off-street parking and off-street loading shall be provided in
compliance with Section 21135 of this Chapter.
Since this site is located within the Right-of-Way, no off-street parking or
now
Q
GENERAL PERFORMANCE STANDARDS
The following is an analysis of how this Conditional Use Permit Application
meets the General Performance Standards
Subd. 1. The use and the site in question shall be served by a street of sufficient
capacity to accommodate the type and volume of traffic which would
be generated.
The only traffic generated by this site will be a single vehicle for routine
maintenance on a monthly basis and in emergency circumstances.
Subd. 2. The site design for access and parking shall minimize internal as well as
external
is
monopole and antenna will generate no exterior noise. The base unit contains
cooling fans which will generate an amount of noise similar to a household air
conditioner.
Subd. 10. The site drainage system shall be subject to the review and approval of the
City.
Drainage will not be impacted by this site.
Subd. 11. The architectural appearance and functional design of the building and
site shall not be so dissimilar to the existing or potential buildings and area so as to
cause impairment of property values or a blighting influence. All sides of the
principal and accessory structures are to have essentially the same or coordinated,
harmonious exterior finish materials and treatment.
monopole and the base unit will be located inside a
clump of bushes.
Subd. 8. All exterior lighting shall be so directed so as not to cast glare toward or
onto the public right-of-way or neighboring residential uses or districts, and shall be
in compliance with Section 21105 of this Chapter.
No exterior lighting is being proposed for this site and no lighting will be included
unless required by law.
Subd. 9. Potential exterior noise generated by the use shall be identified and
mitigation measures as may be necessary shall be imposed to insure compliance with
Section 21105.10 of this Chapter.
The
Min 579 C
Page Two
Subd. 6. Whenever a non-residential use “is adjacent to” a residential use or
district, a buffer area with screening and landscaping shall be provided in
compliance with Section 21130 of this Chapter.
There are no residential uses adjacent to the proposed site. However, screening of
our base unit will is provided by existing vegetation at the site.
Subd. 7. General site screening and landscaping shall be provided in compliance
with Section 21130 of this Chapter.
General site screening will be provided by the existing vegetation at the site.
Nearby trees will help to screen the
GPS
monopole to blend
into the surrounding environment. Property values should not be impacted.
Subd. 12. Provisions shall be made for an interior location for recycling and trash
handling and storage or an outdoor, enclosed receptacle area shall
be provided in compliance with Section 21105 of this Chapter.
N/A. No trash or waste will be generated by this site. Any parts replaced during
maintenance are immediately removed from the site by the maintenance personnel.
Subd. 13. All signs and informational or visual communication devices shall be in
compliance with Section 21155 of this Chapter.
The only signs and informational or visual communication devices for this site are
a site identification number and contact telephone number as required by law.
Subd. 14. The use and site shall be in compliance with any federal or state laws or
regulations which are applicable and any related permits are obtained and
documented to the City.
It is the policy of Qwest Wireless, LLC (Qwest) to meet or exceed all federal and
state laws and regulations applicable to the telecommunications industry.
Subd. 15. Any applicable business licenses mandated by City Code are approved
and obtained.
Qwest is federally licensed by the FCC to operate a wireless telecommunications
network within our assigned bandwidth.
Subd. 16. The hours of operation may be restricted when there is potential negative
impact upon a residential use or district.
The antenna will operate 24 hours per day 7 days per week. The only impact
upon the nearby residential uses and districts will be enhanced service of the wireless
telecommunications network.
Subd. 17. The use complies with all applicable performance standards of the zoning
district in which it is located.
An antenna is listed as a conditional use within this district.
Min 579 C
Page Three
No building is being proposed for this site. The parking lot light standards at
Honeywell located directly across the street from this site will help the
GPS
1:sI’! -..-” .I~.^ .I _. __, _ ;;jr- ,, ,;
1ji!_. ‘_ ”I. : ,r0%. “.!iI-’d ,.‘.. ,_~_ .. T ---y-\1t..e_@trict,.,--,
d) The establishment of the conditional use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in
4th Baptist Church complex. There will be no injury or impairment of the use
of the properties in the neighborhood and it will not substantially diminish or impair property
values in the neighborhood.
CONDITIONAL USE FACTORS
The following is an analysis of how Qwest Wireless, LLC (Qwest) has satisfied the
Conditional Use Factors for this Conditional Use Permit Application.
a) Compliance with and effect upon the Comprehensive Plan, including public facilities
and capital improvement plans.
Under Section 3.2 of the Policy Plan, Community Vision Statements are listed and the
proposed conditional use is in compliance with these vision statements. Paragraph 1 states that
Plymouth values the safe and secure environment currently found in the community.” This
antenna will add to the safety and security of the neighboring community by making emergency
911 service available to wireless telephone users in the area. It will also meet the objectives of
Paragraph 5 by providing convenience and mobility in telecommunications services.
Furthermore, it will promote and strengthen economic vitality in accordance with Paragraph 6 by
increasing the availability of telecommunications services in a business district, to nearby homes
and along a major traffic thoroughfare, Highway 55. Moreover, it will enhance and strengthen
the sense of community in accordance with Paragraph 8 by enabling increased access to wireless
telecommunications services.
b) 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.
This conditional use, a wireless telecommunications antenna, will promote and enhance
the general public welfare by providing quality wireless telecommunications services, including
emergency 911 communications, to members of the public in the vicinity of the antenna. This
site will be self-operational, meets all health and safety standards and requirements, is morally
neutral and will add to the comfort of those who wish to use wireless telecommunications
services in the area.
c) The conditional use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purposes already permitted, nor substantially diminish and
impair property values within the neighborhood.
This conditional use is the placement of a self-operational antenna and accompanying
ground equipment in the right-of-way near the rear of 2 commercially zoned properties,
Honeywell and the
f) The conditional use shall, in all other respects, conform to the applicable regulations of
the district in which it is located.
An antenna is listed as a conditional use within this district and this application meets all
of the antenna requirements.
g) The conditional use complies with the general and specific performance standards as
specified by this Section and Chapter.
Compliance with the performance standards by this proposal has been analyzed and
enclosed as a separate document.
Min 579 C
Page Two
The proposed site is relatively small and will not impede any developments or
improvements of surrounding properties for uses permitted in the district.
e) Adequate public facilities and services are available or can be reasonably provided to
accommodate the use which is proposed.
The public right-of-way where the proposed site is to be located has more than ample
space to allow for the placement of the monopole, antenna and accompanying ground equipment
while leaving room for other uses within the right-of-way.
CUP Factors
M innesota
612-272-0033
1
RF Engineering
Qwest Wireless
f
Forestview Ln.
Douglas Briedwell
d the proposed site at 105
our PCS cell site locatedSouthcoverageandserviceonHwy55QwestWirelesswouldconsiderremoving
from the Qwest Wireless site on Hwy 169.
Also the PCS site on Forestview Ln. was drive tested at 60 and 75 feet.A height of 60 feet slowedRFsignalweaknessatmultiplelocationstotheSouthwestandSoutheastoftheproposedsitemakingthe
additional 15 feet critical to providing good coverage in the overall area.
Lastly, if the proposed PCS site meets the engineering design goals of improving overall neighborhood
Qwest ’ssignal would not provide
much assistant on Hwy 55.The emergency siren site was ruled out because it is too far to the West and too
far
LaCompte Park and the City of Plymouth ’s emergency siren located on the
Hwy 55 frontage road A drive test was conducted at 60 feet on the AT&T tower and the resultsclearlyshowedthatnoRFsignalwouldpassovertheridgelinetotheWestwhichwouldlimitcoverage in the
neighborhood to the West and South of the site.Also at this location
Qwest ’Sgrowing customer base.
Before selecting the above PCS cell site location two other site candidates were studied; the AT&T
Wireless ’ cell site located at
traflic on neighboring sites which are running out of capacity to handle
MN be constructed at
75 feet.The principle reasons for needing an antenna height of 75 feet are one, to improve Qwest Wireless
coverage on Hwy 55 between Hwy 169 and Interstate 494, and two, to improve overall neighborhood
coverage to the South of the Honeywell complex and on the North shore of Medicine Lake.Also thissitelocationwilloffloadheavycalling
Forestview Ln, Plymouth,
Forestview Ln Plymouth, MN
TO: Larry Coleman Qwest Wireless Real Estate
FROM: Douglas Briedwell Qwest Wireless RF Engineering
RF Engineering request that the proposed PCS cell site on
Hwy 55MIN579c
July 3 2002
RE:
lW!WSis no w
Q
www.ci.plymouth.mn.us
ilve
3400 PLYMOUTH BOULEVARD ?PLYMOUTH, MINNESOTA 55447-1482 ??TELEPHONE (612) 509-5000
125Pl~~~~“‘\~~~~~~~~~ee
dotS\F~D\1999\Gannon_EnfroafhAsm_l:_16l.,l.T
Dunkirk Lane and 301 Vicksburg Lane.
If there are any questions on new facilities or the agreement, please do not hesitate to
contact me.
Sincerely,
Fred G. Moore, P.E.
Director of Public Works
enclosure
Fairview Avenue
Room 100
St. Paul, MN 55104
SUBJECT:ENCROACHMENT AGREEMENT
Dear John:
Attached herewith is a fully executed copy of the Encroachment Agreement between the
City of Plymouth and U.S. West Wireless. Before any facilities are installed within the
street right-of-ways of the City of Plymouth an application needs to made to the City to
approve their installation in accordance with the agreement. Plymouth does not have a
specific application form. This can be done by letter along with the attached plans for the
installation of the facility. These should be submitted to my attention for the proper
processing. We do have applications for 5519
PtYMO UTtt
John Gannon
U.S. WEST WIRELESS
426 North
OfCITYFDecember16, 1999
D:\TEMP\Encroach_U.S.West_res.doc
15th day of
City Clerk
I’??? .,
WITNJSS my hand as such City Clerk and the Corporate seal of the City this
CITY OF PLYMOUTH
RESOLUTION 99-513
APPROVING AN ENCROACHMENT AGREEMENT FOR
U.S. WEST WIRELESS, L.L.C. FOR
PLACEMENT OF COMMUNICATION CABLE AND ANTENNAS ON
EXISTING POLES IN CITY RIGHTS-OF-WAY AND AUTHORIZING THE
MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT
WHEREAS, U.S. West Wireless, L.L.C. has requested approval to place communication
cables and antennas on existing poles with associated ground equipment in City rights-of-way;
WHEREAS, the City has authority to grant encroachment to its rights-of-way only as
expressly specified in applicable law; however, the City makes no representation, guaranty, or
warranty with respect to its title or interest in said rights-of-way.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the
encroachment agreement for U.S. West Wireless, L.L. C. to place communication cables and
antennas on existing poles with associated ground equipment in City rights-of-way, subject to
the following conditions:
1.U.S. West Wireless, L.L.C. shall obtain all necessary City approvals prior to constructing
such communication equipment in City rights-of-way, and such approvals are not
abrogated by this encroachment agreement.
2.U.S. West Wireless, L.L.C. shall reimburse the City for all attorney fees associated with
the preparation and review of this encroachment agreement.
Adopted by the City Council on December 7, 1999.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth,
Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the
Plymouth City Council on December 7, 1999, with the original thereof on file in my office,
and the same is a correct transcription thereof.
I-
Ciiy means the City of Plymouth, Minnesota.
Devices means underground cables, conduits, pull boxes and vaults; also antennas on existing utility
poles and associated ground equipment for the antennas.
guaranty, or warranty with respect
to its title or interest in said rights-of-way.
NOW, THEREFORE, IN CONSIDERATION OF THE RECITALS AND THE MUTUAL
CONSIDERATION CONTAINED HEREIN, THE CITY AND COMPANY AGREE A S
FOLLOWS:
DEFINITIONS
Fairview Avenue, Room 101, St. Paul, MN 55104 (“Company”).
RECITALS
WHEREAS, Company is a corporation duly organized, and existing under the laws of the State of
Minnesota and is requesting approval to use the City public rights-of-way to provide wireless
communication services ( “Telcom Services”);
WHEREAS, Company has voluntarily chosen to enter into this Encroachment Agreement with the
City and comply with the provisions contained herein with full knowledge of Laws of Minnesota 1997,
Chapter 123; and
WHEREAS, the City has authority to grant encroachment to its rights-of-way only as expressly
specified in applicable law, however, the City makes no representation
1999, by and
between the CITY OF PLYMOUTH, a Minnesota municipal corporation ( “City”), and U.S. West
Wireless, L.L.C., a corporation authorized to do business with the State of Colorado, and having its
principal office at 426 North
bet, cmT3ec ”day of
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made as of the 7
u controlled by, or under common control with Company.
L-
controllin,,
rights-
of-way for travel purposes and utility easements of the City. A public right-of-way does not include the
airwaves above a public right-of-way with regard to cellular or other non-wire telecommunications or
broadcast service, nor does it include land owned by the City for other public purposes..
CONSTRUCTION, MAINTENANCE
AND OPERATION OF THE SYSTEM
1.LICENSE AND ENCROACHMENT AUTHORIZATION. Subject to the provisions of
this Agreement, and all applicable Law, the City hereby authorizes the non-exclusive encroachment by
Company to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate,
remove, and replace the Devices over and along the Public Rights-of-Way for the purpose of providing
Telcom Services. Said encroachment authorization is not assignable except to a subsidiary, parent, or sister
corporation without the express written permission of the City, which permission shall not be unreasonably
withheld.
This Agreement shall not be sold, transferred, leased, assigned, or disposed of, including but
not limited to, by force or voluntary sale, merger, voluntary or involuntary bankruptcy, consolidation,
receivership, or other means without the prior written consent of the City, which consent shall not be
unreasonably withheld. Notwithstanding any other provision in this Agreement, no consent from the City
shall be required for a transfer in trust, mortgage, collateral assignment, or other instrument of
hypothecation, in whole or in part, to secure an indebtedness, or for a pro forma transfer to a corporation,
partnership, or other entity
cartway, bicycle lane, and public sidewalk in which the City has interest, including other dedicated
Right-of-Way means the area on, below, or above a public roadway, highway, street,
jud,gment, decree,
or other order issued, executed, entered, or deemed applicable by any governmental authority.
Public
Law means any local, state, or federal statute, ordinance, rule, regulation, code, license, certificate,
franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction,
five
5) years commencing on the date of the signing of this Agreement. The parties agree that the
encroachment authority shall automatically renew for additional five (5) year periods, unless the Company
gives a minimum of ninety (90) days advance written notice to the City of its intent to terminate prior to the
end of said five (5) year period.The City may terminate this Agreement at any time upon 120 days
advance notice to the Company if the City needs the public right-of-way for a public purpose.
3.NO INTERFERENCE. Except as permitted by applicable Law and this Agreement, in the
performance and exercise of its rights and obligations under this Agreement, Company shall not interfere in
any manner with the existence and operation of any and all private and Public Rights-of-Way, sanitary
sewers, watermains, storm drains, gas mains, poles, overhead and underground electric and telephone wires,
electrollers, cable television wires, and other telecommunications, utility, municipal and other public
property without the approval of the owner(s) of the affected property or properties. Except where
engineering or telecommunication factors dictate otherwise, Company shall co-locate its facilities and
Devices with other users of the Public Rights-of-Way. The City may condition approval of any permit
upon the production of studies or other evidence which indicates to the City ’s satisfaction that all reasonable
efforts have been made to co-locate facilities or Devices.
A.NO PROPERTY INTEREST. This Agreement is not a grant by the City of any fee
simple property interest and is made subject and subordinate to the prior and continuing right of the City to
use the Public Rights-of-Way as a street and any other public use and for the purpose of laying, installing,
maintaining, repairing, protecting,replacing, and removing sanitary sewers, watermains, storm drains, gas
mains, poles, and for other municipal uses and with right of ingress and egress, along, over, across, and in
said Public Rights-of-Way.
2.TERM. The term of said encroachment authorization shall be for an initial period of
dotWot_EncraachmtApmrSAGREEYTS ’JJpw~Enbrlnecr,np,CENEKALJ
4_
time-
to-time be amended in accordance with applicable law.
7.MANNER OF CONSTRUCTION.The construction, installation, operation,
maintenance, and removal of said Devices shall be accomplished without cost or expense to the City and in
such a manner so as not to endanger persons or property, or unreasonably obstruct travel on any road, walk,
or other access thereon within the Public Rights-of-Way.Company shall complete installation of its
Devices in a reasonably timely manner. Company shall use reasonable efforts to avoid disturbing public
streets, roads, or sidewalks that have been constructed by the City within five (5) years of application by
Company for Public Rights-of-Way permits.Company shall also use reasonable efforts to coordinate its
construction schedule with the City ’s schedule of public improvements to minimize disruption and damage
from
ftunish detailed plans of the
work and other such information as required by the City and by Law, and shall pay all processing, field
marking, engineering,inspection, security, and any other fees prior to issuance of required permits in
accordance with the rates in effect at the time of payment subject to Section 15 hereof.Company shall also
indicate in its application the existence and location of other facilities in the Public Rights-of-Way, and the
extent of its efforts to co-locate its Devices on or with existing users of the Public Rights-of-Way.If
Company proposes to co-locate its Devices on or with existing users of the Public Rights-of-Way,
Company shall in its application provide sufficient information to establish that it has the permission of the
existing users to use or co-locate its facilities and Devices.
6.ISSUANCE OF PERMITS. Upon execution of this Agreement and performance of the
obligations contained in the Agreement by Company, the City will issue all permits necessary to the
installation of Company ’s Devices, in accordance with the City ’s permitting procedures as may
pemlit
for all work and each job within the Public Rights-of-Way. Company shall
PERVIITS. Company shall apply to the City Engineer for aiiPPLICATIONFOR5.
12) months,
Company shall notify the City and the City shall determine whether Company shall either promptly vacate
and remove the Devices at Company’s expense or abandon some or all of the Devices in place to the extent
permitted by Law.
and/or the
construction, maintenance, or operation of any other City underground or above-ground facilities.
12.REMOVAL AND ABANDONMENT. If any of the Devices covered under this
Agreement are no longer used by Company, or are abandoned for a period in excess of twelve
to City streets and other public improvements. The City shall keep Company reasonably apprised of its
schedule of public improvements at all times during the construction of the Devices.
8.MAPS. Within sixty (60) days of completion of construction, Company shall provide the
City with an accurate map or maps certifying the location of all Devices within the Public Rights-of-Way as
built in a format consistent with the City ’s electronic mapping system.
9.CONDITION OF FACILITIES. Company agrees to keep said Devices in good and safe
condition and free from any nuisance.
10.REQUIRED AUTHORIZATION.Company shall provide the City with sufficient
information to establish that it has obtained all required government approvals and permits to construct and
operate the Devices and to offer and provide Telcom Services including any certification or other
documentation required by the Public Utilities Commission of the State of Minnesota or any other
regulatory entity.
11.RELOCATION FOR CITY PURPOSES. Company shall relocate, in cooperation with,
and at no charge to the City, any Devices installed, used, and maintained under this Agreement if and when
made necessary by any lawful change of grade, alignment, or width of any Public Rights-of-Way, the
construction, maintenance, or operation of any underground subway or viaduct by City
hrther acknowledges
and agrees to be bound by any subsequent ordinance or regulation adopted by the City with respect to the
iMinnesota 1997, Chapter 123). Company
REQUIREiVfENTS. Company shall pay all permit fees or any other fees
to the City in accordance with applicable law. Such fees shall not exceed the City ’s management costs as
defined in Laws of Minnesota 1997, Chapter 123, Section 3, Subdivision 9. Company expressly
acknowledges and agrees that the City shall have the right to impose upon Company additional fees and/or
damages for Company ’s occupation of the Public Rights-of-Way to the extent not inconsistent with
applicable law. It is anticipated that, sometime after the execution of this Agreement, the City will adopt an
ordinance imposing comprehensive requirements on telecommunication rights-of-way users pursuant to
recently enacted state legislation (Laws of
RESTOTWTION OF PUBLIC RIGHTS-OF-WAY. When removal or relocation of the
Devices are required under this Agreement, Company shall, after the removal or relocation of the Devices,
at its own cost, repair and return the Public Rights-of-Way on which the Devices nere located to the same
or better condition existing before such removal or relocation. The work must be completed as promptly as
the weather permits. If Company does not properly perform and complete the work, remove all dirt,
rubbish, equipment and material, and restore the Public Rights-of-Way to the same or better condition, the
City may restore the Public Rights-of-Way to the same condition at the expense of Company.Company
must, upon demand, pay to the City the direct and indirect cost of the work done for or performed by the
City, including but not limited to the City ’s administrative costs.
14.DAMAGE. Company shall be responsible for damages to City street pavements, existing
utilities, curbs, gutters, and sidewalks due to Company ’s installation, maintenance, repair, or removal of its
Devices in Public Rights-of-Ways, and shall repair, replace, and restore the damaged Public Rights-of-Way
at its sole expense and subject to approval by the City, which approval shall not be unreasonably withheld
or delayed.
15.OTHER CITY
13.
INDER/INIFICATION. Company, jointly and severally, for itself, its successors, agents,
contractors, and employees, agrees to indemnify, defend (with counsel acceptable to City), and hold
harmless City, its officers, employees, and agents from and against any and all claims, demands, losses,
damages, liabilities, fines, and penalties, and all costs and expenses incurred in connection therewith,
TERR/IS
17.
to the extent permitted by law and which is imposed in a competitively neutral and
nondiscriminatory manner with respect to other similarly situated Telcom Service providers.
GENERAL
shalI take precedence.
Company voluntarily agrees to reimburse
City’s out-of-pocket legal and other consultant costs and
the City in an amount not to exceed $500 for the
expenses incurred to process Company’s request.
The City shall provide Company with copies of all invoices relating to said costs and expenses and
Company shall only provide reimbursement for costs and expenses actually incurred by the City. Any
amount paid by Company to reimburse the City hereunder shall not be credited against other amounts
payable to the City by Company hereunder.
16.NONDISCFUMINATORY FEES. With respect to the City ’s imposition of any fees or
charges not specifically required in this Agreement, Company shall only be required to pay any fee or
charge
pemlit and fee requirements,will be retroactively applied, provided
that such ordinance or regulation is also retroactively applied to all Telcom Service providers who are
granted permits from the City to install new Devices on Public Rights-of-Way after the effective date of this
Agreement.Any permit or other fees paid by Company prior to the adoption of a subsequent ordinance
shall be credited against those fees required by a subsequent ordinance. If there are any inconsistencies
between the terms of this Agreement and those of any subsequent ordinance or regulation, the terms of any
subsequent ordinance or regulation
City’s lawful control over its Public Rights-of-Way and hereby agrees and acknowledges that such
ordinance or regulation, including any
8-
1)The City and its officers, agents, employees, board members, and elected
officials shall be named as additional insured (as the interests of each may
appear) as to all applicable coverage; and
3,000,000.
C.Company agrees that with respect to the above required insurances, contracts will
contain the following required provisions:
2),
Bodily injury and property
damage combined
1 ,OOO,OOO single limit
Backed up by umbrella coverage in excess of
2)Property damage liability $1 ,OOO,OOO each occurrence
3)In lieu of (1) and
1)Bodily injury liability $1 ,OOO,OOO each person
1 ,OOO,OOO each occurrence
Automobile Liability Insurance, including owned, non-owned, and
hired vehicles.
2,000,000 general aggregate
B.Comprehensive
3)Bodily injury and property
damage combined
OOO,OOO each occurrence(2)Property damage liability
or
1
aggegate$2,000,000 general
1)Bodily injury liability $1 ,OOO,OOO each person
public liability, including premises, products and complete
operations.
term of this Agreement, worker ’s compensation insurance and liability
insurance with regard to all damages in the minimum amounts of:
A.General Liability
willhI action or negligent acts or omissions.
18.INSURANCE. Company and/or any of its subcontractors or agents under the Agreement
shall maintain throughout the
fi-om the City’s
including, without limitation, reasonable attorney ’s fees and costs of defense arising directly or indirectly, in
whole or in part, out of any breach by Company of its obligations described in this Agreement, except to the
extent arising
dac\Vcs~_Et lcrodch m ~Ay m rSAGKEE .W TS~UCEtiERALpw~Enpmec r~ngJ
9-
anyof
this
Agreement or any permit granted hereunder, the City may, after the above notice to Company and failure of
Company to cure the default, take such action as may be reasonably necessary to abate the condition caused
by the default.Company must reimburse the City for the City ’s reasonable costs, including costs of
collection and attorney’s fees, incurred as a result of Company ’s default.
20.EMERGENCY WORK. In the event of any emergency in which any of Company ’s
Devices located in, above, or under any rights-of-way are damaged, or if Company ’s installation area is
otherwise in such a condition as to immediately endanger the property, life, health, or safety
from the City of the default, the City may terminate the rights of
Company under this Agreement and any permit granted hereunder, subject to the City ’s absolute right to
revoke at any time in the exercise of the City’s police powers.The notice of default must be in writing and
specify the provisions of this Agreement or any permit under which the default is claimed and state the
grounds of the claim.Any notice must be served on Company by certified mail, return receipt requested, at
its principal place of business.
If Company is in default in the performance of the work or occupancy authorized by
above-
noted coverages and naming the City as an additional insured.
19.DEFAULT. If Company is in default of any obligations contained in this Agreement or in
the performance of the work or occupancy authorized by this Agreement or any permit granted pursuant to
this Agreement, including but not limited to restoration requirements or fee payments, for more than ninety
90) days after receiving written notice
hrnish a certificate of insurance to the City confirming the
2)Contracts shall provide for thirty (30) days notice to
cancellation, revocation, non-renewal, or material change.
the City prior to
D.The amount and conditions of liability and comprehensive insurance may be
increased upon sixty (60) days ’ written notice by the City should the protection
afforded by this insurance be reasonably deemed by the City to be insufficient for
the risk created by this Agreement.At no time, however, will the amount of
required liability and comprehensive insurance exceed that which is customarily
required of others for similar situations of risk.
E.Company shall
Its
Ls-
U.S. WEST WIRELESS, L.L.C.
BY:
BY:
Tiemey, Mayor
1979 , 1A] ‘\
19_.CITY OF PLYMOUTH
Dated:
7
full force and effect.
IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first
above written.
Dated:
from the requirement of notifying the City of the emergency work
and obtaining any permits necessary for this purpose upon completion of the repairs.
21.LAW. The terms and conditions of this Agreement shall be subject to any and all
applicable Law and shall be governed by the laws of Minnesota.Should any term of this Agreement be
determined by a court or other entity with competent jurisdiction to be unenforceable, all other terms of this
Agreement shall remain in
conpitions for the protection of property, life, health, or safety of individuals without
first applying for and obtaining a permit as required by this Agreement or a subsequent ordinance.
However, this shall not relieve Company
individual, Company shall immediately take the proper emergency measures to repair its Devices, to cure or
remedy the dangerous
dot\Vat_Encru~chmtAgml 5fSKiAGREE.&I GE>ER,\L \pw~Engmecrmy1
JJJRNIS
5.5 121
Telephone: (612) 452-5000
3 17
Eagan, Minnesota
C_orporate Center Curve, Suite
Projksional Association
1380
behalf of the corporation.
DRAFTED BY:
CAMPBELL KNUTSON
on -=Qm
a corporation duly organized, existing, and authorized to do
Cd
L%J\RQ~~~
business in the State of
s,wd
LLEC&L ofi3
a-
VK
day of
JEK~LI~ SGQL%the .A. clby1949,
c
STANEK
The foregoing instrument was acknowledged before me this
MARY KAY
nm%<u (
ss.
COUNTY OF
0;
the City of Plymouth, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
STATE OF MINNESOTA
by Joycelyn H. Tiemey and by Dwight D. Johnson, respectively the Mayor and City Manager7, 199 &
QJv\14dayof1CV b*The foregoing instrument was acknowledged before me this
HENNEPIN (
ss.
COUNTY OF
STATE OF MINNESOTA
21015-Plymouth Zoning Ordinance
forms/cupsta)
ail 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
shall, in
prop&y 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
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:
1.Compliance with and effect upon the Comprehensive Plan, including
public facilities and capital improvement plans.
2.The establishment, maintenance or operation of the conditional use will
promote and enhance the general public welfare and will not be
detrimental to or endanger the public health, safety, morals, or comfort.
3.The conditional use will not be injurious to the use and enjoyment of
other
m P-l, Public/Semi-Public/Institutional
200 0 200 400 Feet
s
I LAR, Living Area- Rural
4
WEPlymouth, Minnesota
AreaLivingLA-4, ~
I+
1 LA-3, Living Area 3
N
City of
2AreaLivingLA-Z, ~
QB
0
1AreaLivingLA-I, m]
m IP, Planned IndustrialOfficeRequestforaConditionalUsePermit
CommercialcosIIIIIII] S. of Hwy 55 in the Forestview La. R-O-W
m CC, CityCenterMonopole
2002103 Land Use Guide Plan
Quest Wireless, LLC C, Commercial
Forestview
Location Map
N
rID
QZ
q,2
l-L-T‘.
i
I .I I
b
I
a
a
zI \
0'
1.6’
1 /a’-
FORESTVIEW LANE
WEST ELEVATION
SCALE: 1
L EXISTING
CONC. CURB
L-
I
SHRUB (NP.)
TREE (NP. )
EXISTNG
BMOND MISTING SHRUBBERY-
ECIUIPMENTOWEST
METALPOLEQWESTGALVANIZED
PWESTANTENNAS
Nil
INE
I’4
T N
T
AN1
CE
L
I 0'
7 3
2’-0’ LIGHTNING ROD
7 5
T
QWEST
4/7 vote of the City Council.
2.DESCRIPTION OF REQUEST:
The City of Plymouth and Three Rivers Park District staff cooperatively negotiated the four
agreements to allow the City and the Park District to develop a series of trails jointly and allow
the construction of Cheshire Lane across land that is owned by the Park District. These
agreements would allow the Park District to complete the trail link between County Road 47 and
French Regional Park.
Trailway Easement and Agreement, and
A resolution approving the Lake Camelot Cooperative Trail Agreement.
Approval of these resolutions requires a
Trailway Cooperative Agreement
A resolution approving the Public
4
b)
c)
d)
A resolution approving the Land Exchange Agreement
A resolution approving the
8,2002
1.PROPOSED MOTION:
Move to adopt the following four items:
1,2002 for the City Council Meeting of October
Trailway Easement and
Agreement and the Lake Camelot Cooperative Trail Agreement Between
the City of Plymouth and the Three Rivers Park District. (2002133)
DATE:October
Trailway Cooperative Agreement, Public
flMarieDarling, Senior Planner through Anne Hurlburt, Community
Development Director
Dan Faulkner, Public Works Director
Eric Blank, Parks and Recreation Director
SUBJECT:City of Plymouth.Consideration of a Land Exchange Agreement,
ri
Y”
TO:
FROM:
Dwight Johnson, City Manager
0AgendaNumber
Trailway Easement and Agreement
This agreement is required as part of the details of the Land Exchange Agreement. It allows the
cooperative development of a regional trail that would serve both City and District trail purposes
on properties under the City control. These trails would be located adjacent to Schmidt Lake
Road and Cheshire Lane. Although the City would have ownership/control of the right-of-way,
the trail would be owned and maintained by the Park District and would have signs identifying it
as the North Hennepin Regional Trail. The Public Trail Easement and Agreement allows the
Park District the ability to reconstruct, maintain and repair the trail as needed.
Lake Camelot Cooperative Trail Agreement
This agreement allows the City and the Park District to jointly develop trails around Lake
Camelot on lands owned separately by both entities.This action implements the City ’s desire to
have a trail connection to the neighborhood park and circumnavigate the lake and allows the
Park District to connect the North Hennepin Regional Trail corridor to County Road 47.
The agreement assigns the responsibility of designing and constructing the trail to the City,
although the Park District would finance the construction of that segment along the west side of
the lake within Park District property. After construction, the City and the Park District would
each retain jurisdiction over their respective segments of the trail.
4.RECOMMEDATION:
Community Development Department, Public Works Department and Parks and Recreation
Department staff recommend approval of the four agreements.
Trailway Cooperative Agreement and the Public
Hemrepin Regional
Trail through “The Reserve ” Development and north adjacent to Cheshire Lane and allows the
construction of Cheshire Lane up to the northern plat boundary of “Glacier Vista ” subdivision.
This would be accomplished through the following trades:
1.
2.
3.
The Park District would convey a portion of their property to the City for the
construction of Cheshire Lane and for the sale of a portion of the unused property
on the west of Cheshire Lane to the developer of Glacier Vista.
The Park District would pay the City $12,400 so that the City could compensate
the developer of “The Reserve” for construction costs associated with a portion of
the North Hennepin Regional Trail through that development.
In the future as land north of Glacier Vista develops, the City would convey lands
of equal value to the Park District for the purposes of completing the North
Hennepin Regional Trail to the Plymouth-Maple Grove boundary.
File 2002133
Page 2
3.PURPOSE OF THE AGREEMENTS:
The Land Exchange Agreement
This agreement allows the City and the Park District to construct the North
Trailway Easement and Agreement
4.A Resolution Approving the Lake Camelot Cooperative Trail Agreement
5. Site Graphics
Trailway Cooperative Agreement
3.A Resolution Approving the Public
File 2002133
Page 3
ATTACHMENTS:
1.A Resolution Approving the Land Exchange Agreement
2.A Resolution Approving the
8,2002 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
8,2002.
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 October
3,2002 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
The attached Land Exchange Agreement is hereby approved, and the Mayor and
City Manager are authorized to sign the agreement on behalf of the City of
Plymouth.
Adopted by the City Council on October
2002-
APPROVING LAND EXCHANGE AGREEMENT (2002133)
WHEREAS, the Three Rivers Park District, also known as the Suburban Hennepin
Regional Park District, and the City of Plymouth have prepared the Land Exchange
Agreement to allow the joint development of a series of trails and allow the construction
of Cheshire Lane across land that is owned by the Three Rivers Park District; and,
WHEREAS, the Three Rivers Park District has approved and authorized the Chair of the
Three Rivers Board of Commissioners and the Superintendent to sign the agreement at its
October
CITY OF PLYMOUTH
RESOLUTION NO.
LAND EXCHANGE AGREEMENT
AGREEMENT this day of September, 2002 by and between Suburban Hennepin
Regional Park District, a public corporation and political subdivision of the State of Minnesota,
Park District”) and the City of Plymouth, a Minnesota municipal corporation (“City”).
WHEREAS, Park District is a political subdivision of the State of Minnesota authorized
by statute to acquire, establish, operate and maintain trail systems; and
WHEREAS, Park District promulgates master plans for the development of park
facilities including trail systems; and
WHEREAS, the City of Plymouth is involved in the on-going process of approving
development and constructing infrastructure in the City including City trails; and
WHEREAS, the City and Park District desire to coordinate the development of City
trails, streets and other infrastructures with the establishment of a regional trail system operated
by Park District; and
WHEREAS, Park District owns certain land in Plymouth which it desires to convey to
the City in order to facilitate the construction of the regional trail segment in this area; and
WHEREAS, in exchange for Park District property conveyance, the City is granting
certain easements and transferring existing trail facilities to Park District for regional trail
purposes and committing to the future conveyance of property to Park District; and
WHEREAS, the transfers set forth in the agreement will in a cost effective and efficient
manner facilitate the orderly development of a seamless local and regional trail system.
NOW THEREFORE, the parties agree as follows:
1.1)Park District will do the following:
092002
173,000.00), committing to insure that City will have good and marketable title to the Subject
Property, except matters to which City may consent in writing.
092002 2
15,2007 convey to Park District property or facilities representing
equally valuable land or facilities as defined by Metropolitan Council policy E-3.
3.1)Title Matters: Park District shall furnish to City within twenty (20) days hereof a
current commitment for the issuance of an ATLA Form B owner’s policy of title insurance (the
Commitment”) issued by First America Title Insurance Company (“Title”) or comparable title
insurance company in the amount of One Hundred and Seventy-three Thousand Dollars
Trailway
Cooperative Agreement and grant of easement for trail purposes with the District,
a copy of which is attached hereto as Exhibit “A”, and
2.1.2)By September
from the City for the sole purpose of accomplishing the dedication of lands
located within the East 150.00 feet of the North 880.36 feet of that part of
Government Lot 1, Section 4, Township 118, Range 22, Hennepin County,
Minnesota lying South of the North 600.00 feet of said Government Lot 1 which
are shown on the preliminary plat as Cheshire Lane.
1.1.3)Pay to the City a sum of twelve thousand four hundred dollars ($12,400)
representing reimbursement to the City for the previous conveyance to Park
District of trail easements located in the plat of The Reserve.
2.1)In consideration for the conveyance of the Subject Property, the City
will do the following:
2.1.1)Contemporaneously with the closing on this agreement, execute a
1,2 and 13, Block 3, Glacier Vista located within
the East 150.00 feet of the North 880.36 feet of that
part of Government Lot 1, Section 4, Township 118,
Range 22, Hennepin County, Minnesota lying South of
the North 600.00 feet of said Government Lot 1.
hereinafter “Subject Property”).
1.1.2)join in the final plat of Glacier Vista which has received preliminary plat approval
3,4 and 21, Block 2 and
Lots
1.1-l) convey to the City by warranty deed property in the City of Plymouth, Hennepin
County, Minnesota and legally described as follows:
All or the portion of Lots
4.1)Closing: The closing (the “Closing”) shall take place on or before September 15,
2002 or such subsequent date as may either be agreed upon by the parties or as may be
reasonably necessary to satisfy contingencies herein or as may be necessary to perform any
obligation of the parties required by this Agreement prior to Closing ( “Closing Date”).
4.2)On the Closing Date, Park District shall deliver to City possession of the Subject
Property “as is”.
4.3)On the Closing Date, Park District shall execute and deliver to City:
4.3.1)A duly executed warranty deed, subject only to the exceptions consented to by
City;
4.3.2)A customary affidavit that there are no unsatisfied judgments of record, no actions
pending in any state or federal courts, no tax liens, and no bankruptcy proceeding
filed against Park District, and no labor or materials have been furnished to the
Subject Property for which payment has not been made, and that to the best of
Park District’s knowledge there are no unrecorded interests relating to the Subject
Property; and
4.4)Park District shall pay at Closing any general real estate taxes levied against the
Subject Property due and payable for all years prior to the year of Closing, together with the
balance of any special assessments. Park District and City shall prorate to the date of Closing
any general real estate taxes levied against the Subject Property due and payable in the year of
Closing.
4.5)Park District shall pay at Closing:
4.5.1) state deed tax;
4.5.2)all costs associated with obtaining a title insurance commitment, including name
searches, tax searches, bankruptcy searches, and property inspection fees;
4.5.3)recording fees for corrective instruments required to remove encumbrances and
place marketable title in City ’s name;
4.6)City shall do the following at Closing:
092002
4
CERCLA”) and any state
environmental laws.
5.1.3)To the best of Park District ’s actual knowledge, neither Park District nor any
other person or entity, has, at any time, ever installed, used, or removed any
underground storage tank on or in connection with the Subject Property; and
5.1.4)As part of this Agreement, Park District shall execute a well disclosure certificate
as required by law or certify that no well exists on the Subject Property.Park
District shall deliver the well certificate to City on the date of execution of this
092002
9 “released” or actively or passively consented to the “release” or
threatened release ” of any Hazardous Substance (as defined below) from
any “facility” or “vessel” located on or used in connection with the Subject
Property; or
ii)taken any action in “response” to a “release” in connection with the
Subject Property; or
iii)otherwise engaged in any activity or omitted to take any action which
could subject Park District or City to claims for intentional or negligent
torts, strict or absolute liability, either pursuant to statute or common law,
in connection with Hazardous Substances (as defined below) located in or
on the Subject Property, including the generating, transporting, treating,
storage, or manufacture of any Hazardous Substance (as defined below).
The terms set within quotation marks above shall have the meaning given
to them in the Comprehensive Environmental Response and Liability Act,
42 U.S.C. Sec. 9601 et seq., as amended
Trailway Cooperative Agreement and
grant of easement
4.6.2)pay all recording fees and charges relating to the filing of the deed; and
4.6.3) pay the title insurance premium.
5.1)Covenants, Representations, and Warranties of Seller: Park District, as an
inducement to City to enter into this Agreement, and as part of the consideration therefor,
represents, warrants, and covenants with City and its successors and assigns that:
5.1.1)There are no leases, options, purchase agreements, rights to redeem, tenancy
agreements, or rights of occupancy, written or verbal, and no person or party has,
or will have any rights of adverse possession, regarding the Subject Property.
5.1.2)To the best of Park District ’s actual knowledge, no entity or person has, at any
time:
4.6.1)execute and deliver to Park District the
agreement. Park District warrants that all statements set forth in the well
certificate are true, accurate, and complete to the best of Park District’s
knowledge.
5.2)The covenants, representations, and warranties contained in Section 5 shall be
deemed to benefit City and its successors and assigns and shall survive any termination or
expiration of this Agreement or the giving of the Deed.All of Park District’s covenants,
representations and warranties in this Agreement shall be true as of the date hereof and of the
Closing Date, and shall be a condition precedent to the performance of City’s obligations
hereunder.If City discovers that any such covenant, representation, or warranty is not true, City
may elect prior to closing, in addition to any of its other rights and remedies, to cancel this
Agreement, or City may postpone the Closing Date up to ninety (90) days to allow time for
correction.
6.1)Environmental/Soil Investigation and Testing: City and its agents shall have the
right, at the sole option of City, to enter upon the Subject Property without charge and at all
reasonable times from the date of the execution of this Agreement, to perform such
environmental investigation and soil tests as City may reasonably deem appropriate. If City
investigates and tests the Subject Property pursuant to this Section, City shall pay all costs and
expenses of such investigation and testing and shall hold Park District harmless from all costs
and liabilities arising out of City’s activities. If the purchase and sale contemplated by this
Agreement is not closed, City shall, at its own expense, repair and restore any damage to the
Subject Property caused by City’s investigation and testing, and shall return the Subject Property
to substantially the same condition as existed prior to such entry.
7)Contingencies: The obligations of City under this Agreement are contingent upon
each of the following:
092002
7.1)The representations and warranties of Park District set forth in Section 5 of this
Agreement must be true as of the date of this Agreement and on the Closing Date.
7.2)City shall have determined on or before the Closing Date, that it is satisfied, in its
sole discretion, with the results of the environmental/soil investigations and tests of the Subject
Property.
7.3)The obligations of Park District under this Agreement are contingent upon each of
the following:
7.3.1)Approval of this Agreement by the Board of Commissioners of Park District;
7.3.2)Approval of Park District conveyance by the District Court for the County of
Hennepin, Fourth Judicial District;
7.3.3)Approval of this Agreement by Metropolitan Council.
If any of the contingencies have not been satisfied on or before the Closing Date, either
party may, at that party’s option, waive any of the contingencies and close, or terminate this
Agreement by giving written notice to the other party on or before the Closing Date. Upon such
termination, neither party shall have any further rights or obligations under this Agreement.
8.1)Miscellaneous: The covenants, warranties and representations made by Park
District in Section 5 shall survive the Closing of this transaction. City ’s obligation to convey
exchange property pursuant to Paragraph 2 herein shall also survive the Closing.
8.2)This Agreement represents the entire agreement of the parties with respect to the
Subject Property and all prior agreements, understandings, or negotiations between the parties
are hereby revoked and superseded hereby. No representations, warranties, inducements, or oral
agreements have been made by any of the parties, except as expressly set forth herein, or in other
contemporaneous written agreements. This Agreement may not be changed or modified except
by a written agreement signed by Park District and City.
092002 6
mw
092002
Board of Commissioners
By:
Its Superintendent and Secretary
to the Board
DRAFTED BY:
CAMPBELL KNUTSON, P.A.
3 17 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (65 1) 452-5000
8.3)Failure of any party to exercise any right arising out of a breach of this Agreement
shall not be deemed a waiver of any right with respect to any subsequent or different breach, or
the continuance of any existing breach.
8.4)This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, City and Park District have entered into this agreement as
of the date and year first above written.
CITY OF PLYMOUTH,
By:
Joycelyn H. Tiemey
Its Mayor
By:
Dwight D. Johnson
Its City Manager
SUBURBAN HENNEPIN REGIONAL
PARR DISTRICT,
a public corporation and political
subdivision of the State of Minnesota
By:
Its Chair
8,2002 with the original thereof on
tile 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
8,2002.
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 October
Trailway Cooperative Agreement is hereby approved, and the
Mayor and City Manager are authorized to sign the agreement on behalf of the
City of Plymouth.
Adopted by the City Council on October
3,2002 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
The attached
Trailway Cooperative
Agreement to allow the joint development of a regional trail along Schmidt Lake Road
and Cheshire Lane on right-of-way under City jurisdiction; and,
WHEREAS, the trail will be maintained by the Three Rivers Park District; and,
WHEREAS, the Three Rivers Park District has approved and authorized the Chair of the
Three Rivers Board of Commissioners and the Superintendent to sign the agreement at its
October
TRAILWAY COOPERATIVE AGREEMENT
2002133)
WHEREAS, the Three Rivers Park District, also known as the Suburban Hennepin
Regional Park District, and the City of Plymouth have prepared the
2002-
APPROVING A
CITY OF PLYMOUTH
RESOLUTION NO.
Trailway Easement and Agreement
attached hereto as Exhibit A (hereinafter “Agreement”).Said Easement shall provide a
continuous and contiguous corridor for a regional trail (hereinafter “Trail”) and shall be
conveyed to Park District upon execution of this Agreement.
2.Permits and Assessments. City shall grant any permits and other official permissions
necessary to construct the Trail.In consideration of Park District’s performance under
this Agreement including its maintenance obligations, City hereby agrees that the lands
included in the Easement shall not be subject to assessment by the City.
TRAILWAY COOPERATIVE AGREEMENT
WHEREAS, the Suburban Hennepin Regional Park District (“Park District”) is a
political subdivision of the State of Minnesota authorized by statute to acquire, establish, operate
and maintain trail systems; and
WHEREAS, Park District promulgates master plans for the development of park
facilities including trail systems; and
WHEREAS, the City of Plymouth (“City”) has requested that Park District participate in
the development of a regional trail system located within the City; and
WHEREAS, City owns lands suitable for development as a regional trail corridor; and
WHEREAS, Park District and City desire to cooperate to develop a regional trail located
in the City; and
WHEREAS, this Agreement includes the transfer by the City to Park District of existing
trails within the easement area,
NOW THEREFORE, in consideration of the mutual covenants herein, and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, City and Park
District agree as follows:
1.Land Acquisition. City shall convey to Park District a permanent non-exclusive
easement for trail purposes in the form of the Public
signage.
8.Utilities. City shall at all times retain the right to maintain, repair or replace any utilities
and related facilities in, on or under the Trail and install such utilities and related facilities
provided, that if any such activities by the City shall or may damage or limit the use of
the Trail, the City will give Park District thirty (30) days prior written notice of the same
except in cases of emergency), and in any event the City will upon completion of such
activities so affecting the Trail or any portion thereof, restore the Trail as near as possible
to its condition existing before such maintenance, repair, replacement or other activities
of the City.
9.Law Enforcement. The City will patrol and police the Trail in such manner and by such
persons as the City shall deem necessary, and may enforce all rules and ordinances of the
City except as provided herein. Notwithstanding anything herein to the contrary, Park
District shall have the right to enforce its rules, regulations and ordinances with respect to
the Trail. City shall not promulgate any ordinance, rule or regulation which contravenes
any ordinance, rule or regulation of Park District with respect to the Trail or which
contravenes this Agreement.
2
signage, and
that City shall be responsible for providing and maintaining such additional
signage, provided however, that Park District shall approve such additional
signage for the Trail.
will indicate that the Trail is a regional trail of Park District. City may provide additional
Sipnape. Park District shall be responsible for providingSignage
DesiPn and Construction of Trail. The parties acknowledge that the trails being
transferred to Park District have already been designed and constructed.Park District
may in its sole discretion and at its sole expense redesign and reconstruct Trail transferred
pursuant to this Agreement.
4.Trail Uses and Purposes. The Trail shall be open to the general public, and shall be
used exclusively for pedestrian uses including but not limited to walking, jogging,
skating, and bicycle uses. Motorized and equestrian uses shall be prohibited, except that
motorized vehicles used by the City or Park District for maintenance or law enforcement
activities shall be permitted.
5.Winter Use. As of the date of this agreement Park District policy is to close the Trail to
the public in winter and to perform no maintenance on the Trail. Park District reserves
the right to open Trail for winter use in its sole discretion. If Park District closes the Trail
for winter use, City may apply to Park District for a permit to operate Trail during winter
period.Such permit will require City, among other things, to assume responsibility for
Trail maintenance and operation and to assume responsibility for liabilities associated
with winter use.
6.Maintenance of Trail. Park District will be responsible for renovation, replacement,
repair, maintenance, and upkeep of the Trail except as provided in paragraph 5. Park
District shall be solely responsible for establishing maintenance standards for the Trail.
7.
3.
Saviw Provision.If any provision of the Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, remaining provision of the
Agreement shall not be affected thereby, and such provisions found to be unlawful or
unenforceable shall not be affected as to their enforcement or lawfulness as to any other
entity or in any other jurisdiction, and to such extent the terms and provisions of this
Agreement are intended to be severable.
15.Notices. Any notice given under this Agreement shall be deemed given on the first
business day following the date the same is deposited in the United States Mail
registered or certified) postage prepaid, addressed as follows:
If to the Park District:Superintendent
Suburban Hennepin Regional Park District
12615 County Road 9
Plymouth, Minnesota 55441
3
Assiwrs. The Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns, provided, however, that
neither the City nor Park District shall have the right to assign it rights, obligations and
interests in or under this Agreement to any other party without the prior written consent
of the other party hereto.
13.Amendment, Modification or Waiver. No amendment, modification or waiver of any
condition, provision or term of this Agreement shall be valid or of any effect unless made
in writing and signed by the party or parties to be bound, or its duly authorized
representative.Any waiver by either party shall be effective only with respect to the
subject matter thereof and the particular occurrence described therein, and shall not affect
the rights of either party with respect to any similar or dissimilar occurrences in the
future.
14.
9 466 by
attempting to aggregate the statutory amounts applicable to Park District or the City.
12.Successor and
0 466
shall apply to undertakings pursuant to this Agreement, and no individual or entity may
seek to increase recovery beyond the statutory amounts set forth in Minn. Stat.
466, as amended. The liability limitations established in Minn. Stat.
10.Additional Trail. Park District has previously been granted an easement for Trail
purposes recorded as Document No. 3437207 in the Office of the Registrar of Title for
Hennepin County, Minnesota. This Trail shall be governed in the manner specified by
this Agreement for the Trail conveyed to Park District pursuant to paragraph 1.
11.Indemnification. The City and Park District each shall indemnify, defend and hold
harmless the other from any loss, liability, cost, damage and claim arising from any act or
omission on the part of its officers, employees, agents, contractor or representatives in
connection with the use, occupancy, development, operation, maintenance and repair of
the Trail, including any attorney fees and expenses incurred in defending any such claim.
Nothing herein shall change or otherwise affect the liability limits established under
Minn. Stat.
Board of Commissioners
By:
Its Superintendent and Secretary to the
Board
This instrument was drafted by:
Jeffrey R. Brauchle, P.A.
Anchor Bank Building
1055 E. Wayzata Blvd., Suite 300
Wayzata, MN 55391
952) 475-1515
If to the City:City Manager
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
IN WITNESS WHEREOF, City and Park District have entered into this agreement as
of the date and year first above written.
CITY OF PLYMOUTH,
By:
Joycelyn H. Tiemey
Its Mayor
By:
Dwight D. Johnson
Its City Manager
SUBURBAN HENNEPIN REGIONAL PARR
DISTRICT,
a public corporation and political subdivision of the
State of Minnesota
Its Chair
5
of the Northwest 114 of Section 10 Township 118 Range 22, situate in
Hennepin County, Minnesota.
Said trail easement shall be fifteen (15) feet wide, and shall have as its center line, the center line of the
existing trail, except, however, that where said center line is less than five (5) feet from either the said curb and
gutter or said right-of-way, the trail easement shall be fifteen (15) feet wide as located by the Suburban Hennepin
Regional Park District.
and the South % of the Northeast
right-of-
way line of Schmidt Lake Road, and lying East of Cheshire Lane and West of Northwest Boulevard, all in the South
right-
of-way and trail easement lying North of the existing Northerly curb and gutter and South of the Northerly
TRAILWAY EASEMENT AND AGREEMENT
SCHMIDT LAKE ROAD TRAIL
A perpetual non-exclusive trail easement over, under, across and through that portion of Schmidt Lake Road
EXHIBIT “A”
TO PUBLIC
of Section
10 Township 118 Range 22, situate in Hennepin County, Minnesota.
6
of the NorthwestHennepinCounty, Minnesota, and in the West
of Section 3
Township 118 Range 22, situate in
of the Southwest
CHESHIRE LANE TRAIL
A perpetual non-exclusive trail easement over, under, across and through the Easterly fifteen (15) feet of
that part of Cheshire Lane lying North of Schmidt Lake Road and lying Southeasterly of the West line of Section 3
Township 118 Range 22, situate in Hennepin County, Minnesota, all in the West
8,2002 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
8,2002.
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 October
3,2002 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
The attached Public Trail Easement and Agreement is hereby approved, and the
Mayor and City Manager are authorized to sign the agreement on behalf of the
City of Plymouth.
Adopted by the City Council on October
2002-
APPROVING A PUBLIC TRAIL EASEMENT
AND AGREEMENT (2002133)
WHEREAS, the Three Rivers Park District, also known as the Suburban Hennepin
Regional Park District, and the City of Plymouth have prepared the Public Trail
Easement and Agreement to allow the joint development of a regional trail along Schmidt
Lake Road and Cheshire Lane on right-of-way under City jurisdiction; and,
WHEREAS, the trail will be maintained by the Three Rivers Park District; and,
WHEREAS, the Three Rivers Park District has approved and authorized the Chair of the
Three Rivers Board of Commissioners and the Superintendent to sign the easement and
agreement at its October
CITY OF PLYMOUTH
RESOLUTION NO.
2002, by and between the City of Plymouth,
a Minnesota municipal corporation, (“Grantor”); and the Suburban Hennepin Regional Park
District, a political subdivision of the State of Minnesota, Hennepin County, Minnesota
Grantee”).
WHEREAS, Grantor owns and operates trailways located in publicly dedicated right of
ways located in the City of Plymouth; and
WHEREAS, Grantor desires to transfer ownership of trailways as described in this
Agreement to Grantee; and
IT IS HEREBY AGREED, that for and in consideration of the sum of One Dollar and
other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has
this day bargained and sold, and by these presents does bargain, sell and transfer unto Grantee,
subject to the terms and conditions hereinafter set forth, its successors and assigns the following:
A perpetual non-exclusive easement, described on Exhibit A, attached hereto and by this
reference made a part hereof, for public trail purposes with the right to enter upon the real estate
hereinafter described during normal business hours with 3 days notice to construct, maintain and
repair any equipment, materials, or other items for public trail purposes, for the purpose of
092002 1
day of
TRAILWAY
EASEMENT AND AGREEMENT
THIS INDENTURE, made this
PUBLIC
HENNEPlN )
The foregoing instrument was acknowledged before me this o fday 2002, by
Joycelyn H. Tiemey, the Mayor, and Dwight D. Johnson, the City Manager, of the City of
Plymouth, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
Notary Public
092002 2
ss.
COUNTY OF
tirst above written.
GRANTOR
CITY OF PLYMOUTH:
By:
Joycelyn H. Tiemey
Its Mayor
By:
Dwight D. Johnson
Its City Manager
STATE OF MINNESOTA
maintaining, repairing or replacing the said public trail over, across, through and under the lands
hereinafter described, together with the right to excavate and refill ditches and/or trenches for the
location of said public trail, and the further right to remove trees, bushes, undergrowth, existing
materials and other obstructions interfering in the location, construction and maintenance of said
public trail.
IN WITNESS WHEREOF, the said parties have caused this instrument to be executed
the day and year
5 15
092002 3
2002, by Douglas F.
Bryant, Secretary of the Suburban Hennepin Regional Park District, a political subdivision of the
State of Minnesota, on behalf of Park District.
Notary Public
This instrument was drafted by:
Jeffrey R. Brauchle, P.A. (SDW)
Anchor Bank Building
1055 E. Wayzata Blvd., Suite 300
Wayzata, MN 55391
Phone: (952) 475-l
ofdayTheforegoingwasacknowledgedbeforemethis
MlNNESOTA )
ss.
COUNTY OF HENNEPIN
2002, by James Deane,
Chair of the Suburban Hennepin Regional Park District, a political subdivision of the State of
Minnesota, on behalf of Park District.
Notary Public
STATE OF
ofday
ss.
COUNTY OF HENNEPIN )
The foregoing was acknowledged before me this
GRANTEE:
SUBURBAN HENNEPIN REGIONAL PARK
DISTRICT:
By:
James Deane
Its Chair
By:
Douglas F. Bryant
Its Secretary
STATE OF MINNESOTA )
five (5)
feet from either the said curb and gutter or said right-of-way, the trail easement shall be fifteen
15) feet wide as located by the Suburban Hennepin Regional Park District.
091102 A-l
l/4 of Section 10 Township 118 Range 22, situate in Hennepin County,
Minnesota.
Said trail easement shall be fifteen (15) feet wide, and shall have as its center line, the
center line of the existing trail, except, however, that where said center line is less than
of the Northwest
and the South % of the Northeast
TRAILWAY EASEMENT AND AGREEMENT
SCHMIDT LAKE ROAD TRAIL
A perpetual non-exclusive trail easement over, under, across and through that portion of Schmidt
Lake Road right-of-way and trail easement lying North of the existing Northerly curb and gutter
and South of the Northerly right-of-way line of Schmidt Lake Road, and lying East of Cheshire
Lane and West of Northwest Boulevard, all in the South
EXHIBIT “A”
TO PUBLIC
of Section 10 Township
118 Range 22, situate in Hennepin County, Minnesota.
091102 A-2
of the Northwest
of Section 3 Township 118 Range 22, situate in
Hennepin County, Minnesota, and in the West
of the Southwest
CHESHIRE LANE TRAIL
A perpetual non-exclusive trail easement over, under, across and through the Easterly
fifteen (15) feet of that part of Cheshire Lane lying North of Schmidt Lake Road and lying
Southeasterly of the West line of Section 3 Township 118 Range 22, situate in Hennepin County,
Minnesota, all in the West
8,2002 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
8,2002.
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 October
3,2002 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA:
The attached Mud Lake/Lake Camelot Cooperative Trail Agreement is hereby
approved, and the Mayor and City Manager are authorized to sign the agreement
on behalf of the City of Plymouth.
Adopted by the City Council on October
2002-
APPROVING THE LAKE CAMELOT
COOPERATIVE TRAIL AGREEMENT (2002133)
WHEREAS, the Three Rivers Park District, also known as the Suburban Hennepin
Regional Park District, and the City of Plymouth have prepared the Mud Lake/Lake
Camelot Cooperative Trail Agreement to allow the joint development of trails
circumnavigating Lake Camelot and providing a connection for the North Hennepin
Regional Trail; and,
WHEREAS, the trail will be designed and constructed by the City of Plymouth; and,
WHEREAS, the Park District will finance the actual construction; and,
WHEREAS, the Three Rivers Park District has approved and authorized the Chair of the
Three Rivers Board of Commissioners and the Superintendent to sign the agreement at its
October
CITY OF PLYMOUTH
RESOLUTION NO.
136MudLake/LakeCameIotI092002JRB
Desiwr of Trail. City shall be responsible for design of the Mud Lake/Lake
Camelot Trails. Park District Trail and Regional Trail Connection shall be
and
WHEREAS, Mud Lake has been renamed Lake Camelot since the creation of the Mud
Lake Plans; and
WHEREAS, the Mud Lake Plans include trails to be constructed on City owned land
generally along and parallel to the north, east and south shores of Mud Lake/Lake Camelot
hereinafter “City Trail”); and
WHEREAS, the Mud Lake Plans include a trail section to be built on Park District Land
generally along and parallel to the west shore of Mud Lake/Lake Camelot (hereinafter “Park
District Trail”); and
WHEREAS, the Mud Lake Plans include a section of trail connecting the Park District
Trail to Hennepin County Road 47 (hereinafter “Regional Trail Connection”); and
WHEREAS, City and Park District desire to contract to assign rights and obligations
regarding the Mud Lake/Lake Camelot Trails,
IT IS HEREBY AGREED as follows:
1.
WHEREAS, the City of Plymouth (hereinafter “City”), a municipal corporation, and the
Suburban Hennepin Regional Park District (hereinafter “Park District”), a political subdivision
of the State of Minnesota, are engaged in cooperative efforts to develop, construct and operate
trail systems located within the City of Plymouth; and
WHEREAS, City has contracted with a construction contractor to construct trails located
on both City and Park District lands in the vicinity of and circumnavigating Mud Lake in
accordance with plans and specifications created by SRF Consulting Group, Inc., dated June 2,
2002, entitled Mud Lake Park Plan (hereinafter “Mud Lake Plans”)
092002JRB136MudLake/LakeCamelot
signage.
5.Winter Use. As of the date of this agreement Park District policy is to close its
trails to the public in winter and to perform no maintenance on trails.Park
District reserves the right to open Park District Trail and Regional Trail
Connection for winter use in its sole discretion.If Park District closes the Park
District Trail and Regional Trail Connection for winter use, City may apply to
Park District for a permit to operate the trail during winter period.Such permit
will require City, among other things, to assume responsibility for trail
maintenance and operation and to assume responsibility for liabilities associated
with winter use.
Signage will identify the Regional Trail Connection as a regional trail in
cooperation with the City of Plymouth.City and Park District will work
cooperatively to create a permanent route for the North Hennepin Regional Trail
to connect to Hennepin County Road 47. Upon establishment of said permanent
route, City shall have sole and exclusive jurisdiction over the City Trail including,
without limitation, responsibility for maintenance, operations, regulations, law
enforcement, and
signage.
Repional Trail Connection. Although located on City land, the Regional Trail
Connection shall be deemed part of the North Hennepin Regional Trail.Park
District shall have sole and exclusive jurisdiction over the Regional Trail
Connection including, without limitation, responsibility for maintenance,
operations, regulations, law enforcement (subject to paragraph 8 herein), and
signage.
4.
signage. Park District shall have sole and
exclusive jurisdiction over Park District Trail including, without limitation,
responsibility for maintenance, operations, regulations, law enforcement (subject
to paragraph 7 herein), and
2.
designed to the extent practicable in accordance with design standards adopted by
Park District. Park District may review plans and observe construction with
regard to review of the project for conformity to Park District design standards.
The cost of design services provided by City or consultants selected by City shall
be the responsibility of City.
Construction of Trail. City shall be responsible for construction of the trails in
accordance with the Mud Lake Plans including construction supervision. City
shall inform Park District of final construction and shall schedule inspection by
City and Park District prior to closeout of the construction contract.City shall be
responsible for all construction costs except that Park District shall reimburse City
for all direct costs of construction paid to the contractor engaged by City for Park
District Trail.Park District will not reimburse City for indirect costs incurred by
City including, but not limited to, staff costs, cost of consultants and advisors,
legal fees, filing fees, permit fees, or any other expense which does not represent
direct construction costs. Park District shall reimburse City in thirty (30) days
following receipt of City’s verified statements of direct construction costs.
3.Jurisdiction. City shall have sole and exclusive jurisdiction over the City Trail
including, without limitation, responsibility for maintenance, operations,
regulations, law enforcement, and
5 466 shall apply to undertakings
pursuant to this Agreement, and no individual or entity may seek to increase
092002 JRB 136 Mud Lake/Lake Camelot 3
6 466, as amended. The
liability limitations established in Minn. Stat.
signage.
Indemnification. The City and Park District each shall indemnify, defend and
hold harmless the other from any loss, liability, cost, damage and claim arising
from any act or omission on the part of its officers, employees, agents, contractor
or representatives in connection with the use, occupancy, development, operation,
maintenance and repair of the trail, including any attorney fees and expenses
incurred in defending any such claim. Nothing herein shall change or otherwise
affect the liability limits established under Minn. Stat.
signage, and that City
shall be responsible for providing and maintaining such additional
signage, provided
however, that Park District shall approve such additional
Signage will indicate that the trail is a
regional trail of Park District. City may provide additional
Signape.
Trail and Regional Trail Connection.
signage for Park District
6.
7.
8.
9.
10.
11.
Utilities. City shall at all times retain the right to maintain, repair or replace any
utilities and related facilities in, on or under the Regional Trail Connection and
install such utilities and related facilities provided, that if any such activities by
the City shall or may damage or limit the use of the Regional Trail Connection,
the City will give Park District thirty (30) days prior written notice of the same
except in cases of emergency), and in any event the City will upon completion of
such activities so affecting the Regional Trail Connection or any portion thereof,
restore the Regional Trail Connection as near as possible to its condition existing
before such maintenance, repair, replacement or other activities of the City.
Trail Uses and Purposes. Park District Trail and Regional Trail Connection
shall be open to the general public, and shall be used exclusively for pedestrian
uses including but not limited to walking, jogging, skating, and bicycle uses.
Motorized and equestrian uses shall be prohibited, except that motorized vehicles
used by the City or Park District for maintenance or law enforcement activities
shall be permitted.
Law Enforcement. The City will patrol and police the trails in such manner and
by such persons as the City shall deem necessary, and may enforce all rules and
ordinances of the City except as provided herein. Notwithstanding anything
herein to the contrary, Park District shall have the right to enforce its rules,
regulations and ordinances with respect to Park District Trail and Regional Trail
Connection. City shall not promulgate any ordinance, rule or regulation which
contravenes any ordinance, rule or regulation of Park District with respect to the
trail or which contravenes this Agreement.
Maintenance of Trail. Park District will be responsible for renovation,
replacement, repair, maintenance, and upkeep of Park District Trail and Regional
Trail Connection. Park District shall be solely responsible for establishing
maintenance standards for the Park District Trail and Regional Trail Connection.
Upon establishment of a permanent trail connection, maintenance of the Regional
Trail Connection shall be the responsibility of City.
Park District shall be responsible for providing
JRL3 136 Mud Lake/Lake Camelot 4
City Manager
City of Plymouth
Saviw Provision.If any provision of the Agreement shall be found invalid or
unenforceable with respect to any entity or in any jurisdiction, remaining
provision of the Agreement shall not be affected thereby, and such provisions
found to be unlawful or unenforceable shall not be affected as to their
enforcement or lawfulness as to any other entity or in any other jurisdiction, and
to such extent the terms and provisions of this Agreement are intended to be
severable.
16.Notices. Any notice given under this Agreement shall be deemed given on the
first business day following the date the same is deposited in the United States
Mail (registered or certified) postage prepaid, addressed as follows:
If to the Park District:Superintendent
Suburban Hennepin Regional Park District
12615 County Road 9
Plymouth, Minnesota 55441
If to the City:
092002
20,2002.
14.Amendment, Modification or Waiver. No amendment, modification or waiver
of any condition, provision or term of this Agreement shall be valid or of any
effect unless made in writing and signed by the party or parties to be bound, or its
duly authorized representative. Any waiver by either party shall be effective only
with respect to the subject matter thereof and the particular occurrence described
therein, and shall not affect the rights of either party with respect to any similar or
dissimilar occurrences in the future.
15.
Ripht of Entry.Execution of this Agreement shall terminate the
Right of Entry Agreement between the parties dated September
0 466 by
attempting to aggregate the statutory amounts applicable to Park District or the
City.
12.Successor and Assigns. The Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns, provided,
however, that neither the City nor Park District shall have the right to assign it
rights, obligations and interests in or under this Agreement to any other party
without the prior written consent of the other party hereto.
13.Termination of
recovery beyond the statutory amounts set forth in Minn. Stat.
Board of Commissioners
By:
Its Superintendent and Secretary to the
Board
This instrument was drafted by:
Jeffrey R. Brauchle, P.A.
Anchor Bank Building
1055 E. Wayzata Blvd., Suite 300
Wayzata, MN 55391
952) 475-1515
092002 JRB 136 Mud Lake/Lake Camelot
IN WITNESS WHEREOF, City and Park District have entered into this agreement as
of the date and year first above written.
CITY OF PLYMOUTH
Its Mayor
By:
Its City Manager
SUBURBAN HENNEPIN REGIONAL PARK
DISTRICT,
a public corporation and political subdivision of the
State of Minnesota
By:
Its Chair
8
T ra il sRe fe renced in C it y /P a rk D is tr ic t A g ree m en ts
Existing city trail (Cheshire, east
Rockford Road.
ALTERNATIVES: This exemption will become effective unless a resolution is adopted
which specifically disallows such activity and is forwarded to the Charitable Gambling
Control Board after adoption. The Council could approve or deny the request.
BUDGET IMPACT: No license fees are paid to the City. The applicant provides the $25
permit fee and proof of nonprofit status directly to the State.
RECOMMENDATION: The attached resolution finding no objection to the request of
Kimberly Lane Elementary PTA for lawful gambling exemption is recommended for
adoption.
14,2003 at Kimberly Lane Elementary, 17405
15,2002, and on
March
14,2003.
BACKGROUND: The City has received notice of Lawful Gambling Exemption for Pilgrim
Lane Elementary PTA to conduct bingo and raffle events on November
15,2002, and on March
8,2002
1.
2.
3.
4.
5.
ACTION REQUESTED: Adopt the attached resolution finding no objection to exemption
from a Lawful Gambling License for Kimberly Lane Elementary PTA for events to be
conducted on November
25,2002, for City Council Meeting of October
L!abie Ahrens, Asst. City Mgr.
SUBJECT:APPLICATION FOR LAWFUL GAMBLING EXEMPTION
DATE:September
7
TO:Dwight D. Johnson, City Manager
FROM:Sandy Paulson, City Clerk, through
43 , (pAgendaNumber:
8,2002.
3O-day approval waiting period.
Adopted by the City Council on October
14,2003. The City further waives the
Rockford Road, on November 15,
2002, and on March
14,2003.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that it
finds no objection to the Lawful Gambling Exemption for Kimberly Lane Elementary PTA for
events to be conducted at Kimberly Lane Elementary, 17405
15,2002, and on
March
2002-
FINDING NO OBJECTION TO LAWFUL GAMBLING
EXEMPTION FOR KIMBERLY LANE ELEMENTARY PTA
WHEREAS, notice of Lawful Gambling Exemption has been submitted to the City by Kimberly
Lane Elementary PTA for bingo and raffle events to be conducted on November
CITY OF PLYMOUTH
RESOLUTION
15-foot
side yard setback. The variance would allow the construction of a 12-foot by 22-foot two-story
addition onto the east side of the applicant ’s home. Although the request would qualify as a
minor variance, the City received opposition from a neighboring property owner. Consequently,
it must be reviewed by the Planning Commission and acted on by the City Council.
3. PLANNING COMMISSION PUBLIC MEETING:
At their October 2, 2002 meeting, the Planning Commission voted unanimously to recommend
approval of the variance on their consent agenda.
Notice of the Planning Commission’s meeting was mailed to all property owners within 200 feet.
417 vote of the City Council.
2. DESCRIPTION OF REQUEST:
The applicants are requesting approval of a variance to encroach 2.8 feet into the required
15-foot side yard setback, as recommended by the Planning Commission.
Approval of a variance requires a
8,2002
1. PROPOSED MOTION:
Move to adopt the attached resolution approving a variance to encroach 2.8 feet into the required
3,2002 for the City Council Meeting of October
13,2002
DATE:October
15-foot side yard setback to allow construction of a 12-foot by
22-foot two-story addition for property located at 2415 Garland Lane.
2002110)
REVIEW DEADLINE:December
WJoshuaDoty, Planning Assistant (509-5463) through Anne Hurlburt,
Community Development Director
SUBJECT:Paul and Marna Skarstad.Variance to encroach 2.8 feet into the
required
0.07
TO:
FROM:
Dwight Johnson, City Manager
Agenda Number:
15-foot side yard setback for attached
garages in the RSF-1 zoning district.The applicant is requesting a variance to allow the east
side-yard setback to be reduced to 12.2 feet, in order to allow construction of two-story addition
with a tuck under third-stall garage.The applicant would use the second floor of the proposed
addition as storage space.Paul Skarstad has suffered a back injury and the increased storage
space is requested on the second level as a result of the grades on the property. The existing
home and garage are built into a hill so that the front of the home is a walkout. The applicant is
requesting storage space on the second level to store smaller seasonal items for the rear yard.
The addition would have a standard-sized, three-foot single door to the back yard.
The applicant currently has an existing two-car tuck-under garage that is roughly 582 square feet.
The proposed additional garage space would be 264 square feet. Therefore, the total attached
garage space with the proposed addition would be roughly 846 square feet, which is within the
1,000 square foot maximum size requirement for attached garages in this zoning district.
This application was processed as a minor variance pursuant to Section 21030 of the Zoning
Ordinance. The City received three notices back from the neighborhood. Two notices were in
support of the application and one opposed the request.Consequently, the application must be
processed as a major variance.
l), zoned RSF-1 (Single
Family Detached 1) and developed with single family homes. The property to the south is guided
P-I (Public/Semi-Public/Institutional), zoned P-I (Public Institutional) and is part of Maple Creek
Neighborhood Park.
B. Previous Actions Affecting Site
The subject property is located in the Ponderosa subdivision, which was created in 1971 and
consists of 91 lots.
5. ANALYSIS:
A. Level of City Discretion in Decision-Making
The City’s discretion in approving or denying a variance is limited to whether or not the
proposed project meets the standards in the Zoning Ordinance for a variance.The City has a
relatively high level of discretion with a variance because the burden of proof is on the applicant
to show that they meet the standards in the ordinance.
B. Consistency with Ordinance Standards
Section 21355.13 of the Zoning Ordinance requires a
File 2002 110
Page 2
4. CONTEXT :
A. Surrounding Land Use and Zoning
The property to the north, east, and west is guided LA-l (Living Area
File 2002 110
Page 3
The City Council must review the variance request with the standards outlined in Section 21030
of the Zoning Ordinance. A copy of the standards is attached. Staff used these standards to
review the application, as follows:
1) That because of the particular physical surroundings, shape, or topographical
conditions of the specific parcel of land involved, a particular hardship to the owner would
result, as distinguished from a mere inconvenience, if the strict letter of the regulations
were to be carried out.
The only viable option to build a third stall garage is in the location proposed by the applicants.
The increased storage space would reduce lifting of storage items such as canoes, patio furniture
and other items that are currently hanging in the existing garage.
The applicant’s home was constructed slightly closer to the west side lot line. However, if the
home were constructed closer to the west property line, there would be enough space to meet the
setback requirement. Staff finds that the placement of the home on the lot limits the
opportunities for additional garage space and creates a hardship.
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.
Staff finds that the location of the home on the lot creates a hardship. The home could have been
built five feet closer to the west property line. This would have provided adequate space for the
addition without the need for a variance.
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.
Staff finds that the request is not based upon a desire to increase value or income potential of the
property. The proposal would allow additional garage space for the convenience and improved
livability of the property owners, and would not detract from the appearance of the home or
surrounding properties.The applicant is proposing to construct the garage addition with
materials and design compatible with the exterior of the home.
4) That the alleged difficulty or hardship is caused by this Chapter and has not been
created by any persons having an interest in the parcel of land and is not a self-created
hardship.
The hardship is caused by the Zoning Ordinance and has not been self-created. The existing
home was not constructed as close to the west lot line as it could have been constructed. This
condition was not created by the applicants, as the home was constructed in 1972 and the
applicants purchased the home in 1976.
File 2002 110
Page 4
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.
Staff finds that the granting of the variance would not be detrimental to the public welfare or
injurious to other land or improvements in the neighborhood. The applicant would design the
garage addition to be consistent with the character of the home.
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.
Staff finds that 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.
7)That the requested variance is the minimum action required to eliminate the hardship.
The proposed addition would be 12 feet wide. This is a standard width for a three-stall garage
and would not be excessive, therefore, staff finds the requested variance is the minimum action
necessary to alleviate the hardship.
6. CONCLUSION
Staff finds that the request meets the seven variance standards.
7. RECOMMEDATION :
Community Development staff recommends approval of the variance for Paul and Marna
Skarstad, subject to the conditions listed in the attached resolution.
ATTACHMENTS:
1. Resolution Approving Variance
2.Draft Planning Commission Minutes
3.Variance Standards
4.Applicant’s Narrative
5.Location Map
6.Site Graphics
16,2002, except as
amended by this resolution.
The garage addition shall be finished to match the existing home and garage.
The attached garage space shall not exceed 1,000 square feet, except by a conditional use
permit.
This resolution is approved with the finding that the applicable variance standards have been
met. Specifically:
12.2-foot side yard setback is hereby approved in
accordance with the application and plans received by the City on August
15-foot side yard setback for
property located at 2415 Garland Lane North, subject to the following findings and conditions:
1.
2.
3.
4.
This variance request to permit a
15-foot side yard setback to allow
construction of a 12-foot by 22-foot two-story addition, for property legally described as follows:
Lot 6, Block 2, Ponderosa, 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 variance request of
Paul and Mama Skarstad to encroach 2.8 feet into the required
APPROVING A SIDE YARD SETBACK VARIANCE FOR PAUL AND MARNA
SKARSTAD FOR PROPERTY LOCATED AT 2415 GARLAND LANE NORTH (2002110)
WHEREAS, an application has been filed by Paul and Mama Skarstad, which requests approval
of a variance to encroach 2.8 feet into the required
CITY OF PLYMOUTH
RESOLUTION 2002
Resolution 2002-
20021 10)
Page 2
a.The applicant ’s home was constructed slightly closer to the west side lot line. However,
if the home were constructed closer to the west property line, there would be enough
space to meet the setback requirement. Staff finds that the placement of the home on the
lot limits the opportunities for additional garage space and creates a hardship.
b.The location of the home on the lot creates a hardship. The home could have been built
five feet closer to the west property line. This would have provided adequate space for
the addition without the need for a variance.
c. The request is not based upon a desire to increase value or income potential of the
property. The proposal would allow additional garage space for the convenience and
improved livability of the property owners, and would not detract from the appearance of
the home or surrounding properties.The applicant is proposing to construct the garage
addition with materials and design compatible with the exterior of the home.
d. The hardship is caused by the Zoning Ordinance and has not been self-created. The
existing home was not constructed as close to the west lot line as it could have been
constructed.This condition was not created by the applicants, as the home was
constructed in 1972 and the applicants purchased the home in 1976.
e.Granting of the variance would not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood. The applicant would design the garage
addition to be consistent with the character of the home.
f.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.
g.The proposed addition would be 12 feet wide. This is a standard width for a three-stall
garage and would not be excessive, therefore, staff finds the requested variance is the
minimum action necessary to alleviate the hardship.
4.A building permit for the garage addition shall be obtained prior to construction.
5.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 2 1030.06 of the Zoning Ordinance.
8,2002, 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
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 October
8,2002.
STATE OF MINNESOTA)
COUNTY OF
Resolution 2002-
20021 10)
Page 3
ADOPTED by the City Council on October
12-foot by 22-foot two-story addition for property located at 2415
Garland Lane. Vote. 7 Ayes. MOTION approved.
15-foot side yard setback
to allow construction of a
Skarstad for a variance to encroach 2.8 feet into the required
1, 2002 and September 18, 2002 Planning Commission Minutes. Vote. 7 Ayes. MOTION
6.CONSENT AGENDA
A.PAUL AND MARNA SKARSTAD (2002110)
MOTION by Chairman Neset, seconded by Commissioner Weir, to approve the request by Paul
and Mama
18,2002 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved.
5.APPROVAL OF MINUTES
MOTION by Chairman Neset, seconded by Commissioner Rohloff, to approve the August
2
7:00 P.M.
2.PLEDGE OF ALLEGIANCE
3.PUBLIC FORUM
4.APPROVAL OF AGENDA
MOTION by Chairman Neset, seconded by Commissioner Weir, to approve the
October
Gaither, Jason Rohloff,
Frank Weir, James Holmes, Peggy Larson and Kendall Griffith
MEMBERS ABSENT: None
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager
Barbara Senness, Senior Planner Marie Darling, and Office Support Specialist Ranelle Gifford
1.CALL TO ORDER
2,2002
MEMBERS PRESENT: Chairman Karl Neset, Commissioners David
Draft Minutes
City of Plymouth
Planning Commission Meeting
October
Standards.doc)(formsNariance
21030-Plymouth Zoning Ordinance
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:
1.
2.
3.
4.
5.
6.
7.
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.
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.
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.
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.
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.
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.
That the requested variance is the minimum action required to eliminate
the hardship.
Section
50s and plan to live in this house for many more
years.
Topography of home site: Our house is a split-entry with tuck-under garage, built into a
hill. The lower level of the house, including the existing garage, is at street level. Most
of the back yard is at the upper level of our house. Carrying things up and down the hill
has become difficult for me, so I need to create some storage at the backyard level.
Up and down the hill with back injury: In the past I have stored seasonal patio
furniture and garden equipment for the winter in our garage on the lower level of our
house.In the spring I have carried these items up the hill to our deck or garden at the
back-yard level, and in the fall I’ve carried them back down for storage.I can no longer
carry these items up and down the hill myself. This spring my neighbor helped me. The
proposed utility space with door at the back-yard level would allow me to manage these
seasonal transitions in the future without assistance.
Snow removal with back injury:In the past I’ve been able to keep our drive way clear
of snow with the help of a plow service for accumulations of snow and my own shovel
office informed me that the required setback from the east property
line is 15’.
Why do we need the proposed addition?
Back injury: I suffered an injury to my back this past winter. Following surgery I am
able to be active as before, but need to avoid lifting even moderately heavy weights.The
proposed addition will allow my wife and me to continue our normal activities while
remaining in this house.We are in our
from the property line
at the closest point
The City Planner’s
from the existing foundation at the front and 24.2’ at
the rear.
The proposed extension would bring the new foundation to 12.2’
o Blended architecturally with the existing structure;
Street-level: a single garage bay, adjacent to existing 2-car tuck-under garage;
Backyard-level: utility space for storage of lawn and garden equipment, patio furniture
and recreational equipment normally used at the back of the house.
Why do we need a variance to do this?
The external dimensions of the foundation would add 12’ to the width of the existing
structure. This is the width recommended by our contractor.
The east-side property line is 24.6’
o Aligned with the front of the house;
couslstlng of the following:
A two-story extension to the east end of the house, 12’ wide and 22’ deep;
build an addition to our existiug house,
lifting and carrying seasonal items up and down the hill and would allow space for
additional items I need to maintain the home with diminished ability to lift.
We need to
7. BRIEF DESCRIPTION OF REQUEST: Skarstad Home Addition
su mm ary
My recent back injury combined with the hilly topography of our home lot together create a
hardship for us. We wish to continue living in this home. The proposed house addition would
relieve the hardship and allow us to continue living here. The proposed addition would provide
additional storage, both at the backyard level and at the street level. This would allow me to
avoid
point in the future, we will sell this 5-bedroom house to another family, very likely
one with teenagers and more than two cars. A third garage will be welcome at that time.
50’, SE corner to NW comer; with the proposed addition, the
closest approach would remain greater than 38 ’.This distance would leave ample room
for air circulation, for light and for access.
The proposed addition does not affect proximity of the house to the street, congestion of
the street or public safety.
An additional garage could improve neighborhood aesthetics in the future. Although we
managed with up to four cars when our children lived with us, it was somewhat
inconvenient and unsightly. I wish we had built an additional garage at that time. At
some
Will the proposed addition be detrimental in any way?
The proposed addition will not be detrimental to the public welfare or injurious to other
improvements in the neighborhood in any way I can see.
The nearest neighboring home on the side of the proposed addition is set back becauseof
the circle at the end of Garland Lane. The closest approach of this house to mine
currently is greater than
tinire I will need to transition to mowing
with a lawn tractor. The lawn tractor will also help with any transporting up and down
the hill that is not eliminated with the backyard-level storage. The addition will provide
space for a lawn tractor.
free of snow
down to the asphalt.We need the addition to store the snow blower.
Canoe storage with back injury: In the past I have kept my canoe in our garage. I have
been able to carry the canoe in and out of the garage and to hoist it to a car-top carrier for
transportation. To continue canoeing after my back heals, I will need to transport the
canoe on a small boat trailer. The proposed addition will provide indoor space for the
canoe and trailer.
Lawn maintenance with back injury: Although I have been able to mow the lawn this
summer with a power mower, I think that in the
future by getting a snow blower that can help us keep the driveway
left at the end of the driveway is
heavy compacted snow that I cannot possibly shovel any longer. We then remain
unable to get our cars out of the drive until our plow service can return, which can be
many hours if the snow is heavy. I consider being plowed in for an indeterminate
time an unacceptable safety risk.
o The other problem is that to avoid damage to the asphalt surface, the plow service
does not remove all the snow. In the past I have shoveled and swept the remainder to
keep the driveway free of ice. However, this past winter I was not able to do this,
and ice built up on the driveway, making the trip to the mailbox or getting in and out
of cars treacherous. Both my wife and I fell on the ice. I want to avoid this in the
and broom for cleanup. Now 1 need to get a snow blower, and there is no space for one
in our existing garage. We have our driveway cleaned by a plow service after each
snowfall, but there are two problems with this:
o One problem is that that our plow service is not synchronized with the Plymouth
snowplow that clears our street. We usually get “plowed in ” by the City sometime
after our driveway has been cleared. The ridge
200 0 200 400 eet
i:::i:;:i:: P-l, Public/Semi-Public/Institutional
ii
I LAR, Living Area- RuralsPlymouth, Minnesota
m LA-4, Living Area 4
3
City of
AreaLivingLA_3, ~1
Ew
2AreaLivingLA-2, ~
CD
N
1AreaLivingLA-I, m]
0
IP, PlannedIndustrialEy
mjmj CO, Commercial Office
Request for a Variance
IIIIIIIIIIIII] CC, City Center
2415 Garland Lane
2002110 Land Use Guide Plan
Paul and Marna Skarstad C, Commercial
Skarstad Home Addition
Location Map
in-provements o r
rnurker
shown are based upon an assumed datum.
This survey intends to show the boundaries of the above describe d
property ,and the location of an existing house thereon .
not purport to show any other
WEST
LEGAL DESCRIPTION OF PREMISES
Lot 6, B
0 : deno t
Bearing s
ock 6, PONDEROSA
es iron
t.. . . . -L.
LAP@?
EAST 1_,,,,......
GARLAN D
HENNEPIN COUNTY, MINNESOTA
KAR$TAD
OF LOT 6, BLOCK 6, PONDEROS A
dFlCATE OF SURVEY FOR
PAUL
CEk
30,2003 for a total of $3,540.
The State Department of Public Safety (DPS) has forwarded a contract to us at this time for
finalizing the grant process. The only two requirements of the program are that
establishments who fail checks have civil penalties imposed and that all establishments are
notified of their failure in writing.The police department already has both of these
requirements in place.
BUDGET IMPACT: This grant will reimburse some funding that is being spent on
underage alcohol compliance checks within the City. As we are already conducting these
checks, there would be no additional negative impact on the budget, only additional revenue.
RECOMMENDATION:Staff recommends the City Council adopt the resolution
authorizing the Plymouth Police Department to enter into a grant agreement with the
1,2002 and June
8,2002 City Council Meeting
1.
2.
3.
4.
5.
6.
ACTION REQUESTED:The City Council adopt the resolution authorizing the Plymouth
Police Department to enter into a grant agreement with the Minnesota Department of Public
Safety, Alcohol and Gambling Enforcement Division for reimbursement funding for
underage alcohol compliance checks.
BACKGROUND: The Plymouth Police Department routinely conducts underage alcohol
compliance checks at licensed establishments throughout the city. We received a grant in
2001 to reimburse us for some of the costs associated with these checks and have made
application for these funds again in 2002.
ALTERNATIVES: The alternative is not to accept the grant funding.
DISCUSSION:The Plymouth Police Department has been notified that our grant
application was accepted.. This opportunity will provide reimbursement funds to the City for
compliance checks occurring between July
30,2002 for the October
GAMBLING ENFORCEMENT DIVISION
September
2
SUBJECT:
DATE:
Dwight D. Johnson, City Manager
Craig C. Gerdes, Chief of Police
RESOLUTION AUTHORIZING THE PLYMOUTH POLICE
DEPARTMENT TO ENTER INTO A GRANTAGREEMENT WITH
THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY,
ALCOHOL
8
TO:
FROM:
2 (2;, Agenda Number:
Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division for the
program of underage alcohol compliance check funding.
30,2003.
The City Manager and Chief of Plymouth Police Department are hereby authorized to
execute such contract as are necessary to implement the project on behalf of the Plymouth Police
Department.
Adopted by the City Council on
1,2002 through
June
2002-
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
Be it resolved that the Plymouth Police Department enter into a grant agreement with the
Minnesota Department of Public Safety, Alcohol and Gambling Enforcement Division for the
program of underage alcohol compliance check funding for the period from July
CITY OF PLYMOUTH
RESOLUTION NO.
31,112.58.$13,231.67; and the final year 2005 is
1,
2002. As such the grant is over four calendar year budget cycles. It requires an increasing
contribution by the City over the period of the grant.The impact on 2002 is zero; the impact
on 2003 is $945.75; the impact on 2004 is
8,2002 City Council Meeting
1.
2.
3.
4.
5.
ACTION REQUESTED: The City Council adopt the resolution authorizing the Plymouth
Police Department to enter into a grant agreement with the U.S. Department of Justice, Office
of Community Oriented Policing Services (COPS) for one new, additional full-time officer to
work in a school liaison assignment.
BACKGROUND: The Plymouth Police Department made application under this program
to add a school liaison officer for Plymouth Middle School in the Robbinsdale School
District. This grant would provide $125,000 over a three-year period (beginning in
September 2002) to support a School Resource Officer at Plymouth Middle School. The City
would have to cover the additional costs of this officer (above the $125,000 grant amount)
and agree to maintain this officer on the City payroll for one year upon the conclusion of the
three-year grant period. We would work with the Robbinsdale School District and encourage
them to provide the funding for this School Resource Officer at the conclusion of the grant
period.
ALTERNATIVES: The alternative is not to accept the grant funding.
DISCUSSION: The Plymouth Police Department has been notified that our grant
application was accepted. This opportunity will provide reimbursement funds to the City for
this school liaison officer for a period of three years for a total of $125,000.
There is a requirement that the department attend a COPS in Schools Regional Training
Workshop; however, the COPS program will reimburse costs up to $1,200 to attend this
training.
BUDGET IMPACT: The grant covers a three-year school period beginning September
30,2002 for the October
ORIENTED POLICING SERVICES
September
Dwight D. Johnson, City Manager
Craig C. Gerdes, Chief of Police
DATE:
RESOLUTION AUTHORIZING THE PLYMOUTH POLICE
DEPARTMENT TO ENTER INTO A GRANT AGREEMENT WITH
THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY
Agenda Number:
6.RECOMMENDATION:Staff recommends the City Council adopt the resolution
authorizing the Plymouth Police Department to enter into a grant agreement with the the US.
Department of Justice, Office of Community Oriented Policing Services (COPS) for one
new, additional full-time officer to work in a school liaison assignment.
2002-
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
Be it resolved that the Plymouth Police Department enter into a grant agreement with the
the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for one
new, additional full-time officer to work in a school liaison assignment.
The City Manager and Chief of Plymouth Police Department are hereby authorized to
execute such contract as are necessary to implement the project on behalf of the Plymouth Police
Department.
Adopted by the City Council on
CITY OF PLYMOUTH
RESOLUTION NO.
office at l-800-421-6770.Your Grant Program Specialist will be happy to
provide you with assistance.
Sincerely,
Carl R. Peed
Director
in
withdrawal of the grant without further notice from the COPS Office.
We are pleased that your agency has elected to participate in the COPS in Schools grant program and look forward to
working with you in a productive partnership to further your community policing efforts.Should you have any questions,
please do not hesitate to contact the COPS
9Oday period may resultFaihnetosubmitthesignedawarddocumentwithinthisOtTicewithin90days.
Offme.To officially accept your grant, please sign the enclosed award document and return the original to the
COPS
Hefpfil Hints Guide has
been included in this award package.
For your convenience, a set of mailing labels has been enclosed which may be used to submit correspondence to the
COPS
office under this grant, afmancialreportingformsthatmustberegularlysubmittedtotheCOPS
funds.Furthermore, in an effort to assist your agency with completing therequiredgmntandproceduresforreceivingyour
smmmizes and explains the
conditions of your agency ’s COPS in Schools grant award.This manual also has information relating to payment methods
Annual, which
future.
Also included in this package is the COPS in schools Grant Owner ’s
trainhrg dates and locations in the neartrainingworkshops.Your agency will receive information on the
patinerhtg school or school district, must attend one ofthesetimthe
required participant to cover travel, lodging and per diem.
In order to satisfy this condition the specific COPS in Schools officer(s) assigned to the school(s) as a result of receiving
this COPS grant, as well as one representative
in
Schools Regional Training Workshop.The COPS Office, or our designee, will be the sole provider for the training, and
COPS will reimburse all reasonable costs up to $1,200 for each
required to attend a COPSreminder, departments awarded funding under the COPS in Schools grant program are
familiarize yourself with these grant conditions prior to signing the document As a
in this award package is your grant award document with a list of corresponding grant conditions that apply
to this program.Please read and
officers hired on or after this date.
Enclosed
9/l/2002, which means that your agency may be reimbursedfor
entry-level salaries and benefits of additional
in the amount of $125,000.
The grant award start date for your COPS in Schools award is
officer and 0 part-thne officer(s)
Of&e of Community Oriented
Policing Services (COPS) for 1 new, additional full-time
2002SHWXO243
Dear Chief Gerdes:
Congratulations on receiving a COPS in Schools grant award from the
5,2002
Re: Grant for Plymouth, City of
MN027 17
Ekullevard
Plymouth, MN 55447
September
Aveme, NW
Washington, DC 20530
Chief Craig Gerdes
Plymouth, City of
3400 Plymouth
Vemont1100
Ofice of the Director
Ofice of Community Oriented Policing Services (COPS)
U.S. Department of Justice
Cost
per officer for three years, whichever is less). No contact made.
offtcer for three years or the total projectTheamountoftheawardreflectsthemaximumamountallowable ($125,000 per
07/29/2002BudretClearedDate:
Overall Comments:
125,000.00
170~90.00
I
Total Changes:$0.00
I
2,673.00 $0.00
0.00 $0.00 Exempt per Application
6,594.00 $0.00
108.00 $0.00
0.00 $0.00
0.00 $0.00
3801.00 $0.00
09/05/2002 S-O
0.00 $0.00 Exempt per Application
593.00 $0.00 1.45% of the base salary
s45j90.00
13,769.00
Changes
Breakdown
0.00
0.00
Chang e
Reason
Applicant Share:
Social Security
Medicare
Health Insurance
Life Insurance
Vacation
Sick Leave
Retirement
Worker ’s Compensation
Unemployment
Full-Time Officer Costs:
Project Costs Per Officer:
Salaries and Fringe Benefits:
Federal Share:
40,876.00
Offker:
Annual Base Salary
Fringe Benefits:
Approved
Costs Per
Full-Time
1
financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and
consistent with existing guidelines.
717
Year
I1 00 Vermont Avenue, NW
Washington, DC 20530
Memorandum
To:Craig Gerdes, Chief
Plymouth, City of
From:Robert A. Phillips, Assistant Director, Grants Administration
Raymond Reid, Grant Program Specialist, Grants Administration
Wendy Muse, Staff Accountant, Finance Division
Re:Approved Budget, COPS in Schools
A
U. S. Department of Justice
Office of Community Oriented Policing Services (COPS)
Grants Administration Division
2OO9\1026\Memos\AppConsrCcopAgmt_Mem.docN:\pw\Engineering\PROJECTS\ZW
DATE:September 17, 2002 for the City Council Meeting of September 24, 2002
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:COUNTY ROAD 101 IMPROVEMENTS
T.H. 55 TO COUNTY ROAD 47
COUNTY PROJECT NO. 9823
CITY PROJECT NO. 1026
ACTION REQUESTED: Make a motion to adopt the attached resolution approving the
Construction Cooperative Agreement with Hennepin County for the above project.
BACKGROUND: Hermepin County will be reconstructing County Road 101 from State
Highway 55 to County Road 47 beginning in 2003. The Plymouth City Council
approved the plans for the improvement on June 25, 2002. Attached is a letter from
Hennepin County formally requesting the approval of the Construction Cooperative
Agreement for this project. The agreement outlines maintenance responsibilities once the
project has been completed. There is no cost to the City for the current improvements
proposed under this project.
RECOMMENDATIONS AND CONCLUSIONS: I hereby recommend that the City
Council adopt the attached resolution approving the Construction Cooperative Agreement
for County Road 101 Improvements between State Highway 55 and County Road 47,
City Project No. 1026.
Ronald S. Quanbeck, P.E.
City Engineer
attachments: Resolution
2009\1026\Ruol\AppConCoopAgmt_1026_Rcn.d0~- N:\pwv\Engineering\PROJECTS\2OOO
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
APPROVING CONSTRUCTION COOPERATIVE AGREEMENT
COUNTY ROAD 101 IMPROVEMENTS
T.H. 55 TO COUNTY ROAD 47
COUNTY PROJECT NO. 9823
CITY PROJECT NO. 1026
WHEREAS, Hennepin County has prepared Agreement No. PW-32-17-02 for the County Road
101 Improvements Project, T.H. 55 to County Road 47 and presented it to the City of Plymouth
for approval; and
WHEREAS, the agreement is for future maintenance purposes only, there is no cost to the City for
the improvement project:
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA:
1. Agreement No. PW-32-17-02 is hereby approved, and the Mayor and City Manager
are authorized to sign the agreement on behalf of the City.
Adopted by the City Council on September 24, 2002.
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
CITY OF PLYMOUTH
RESOLUTION NO. 2002
l-
and
WHEREAS, it is contemplated that said work be carried out by the parties hereto under the
provisions of Minnesota Statutes 1992, Section 162.17, Subdivision 1 and Section 471.59.
NOW THEREFORE, IT IS HEREBY AGREED:
6,450,628.85). A copy of
said estimate is included in Exhibit “A” which is attached hereto and by this reference made a part
hereof; and
WHEREAS, the City has expressed willingness to participate in the maintenance of the
improvements installed under the Project
0: the State of Minnesota, hereinafter referred to as the “County”, and the
City of Plymouth, a body politic and corporate under the laws of the State of Minnesota, hereinafter
referred to as the “City”.
WITNESSETH:
WHEREAS, the County and the City have been negotiating to bring about the improvement of
that portion of County State Aid Highway No. (CSAH) 101 from 400 feet south of Minnesota Trunk
Highway (TH) 55 to 1200 feet north of County Road No. (CR) 47 (Hackamore Road), as shown on the
County Engineer’s plans for County Project No. 9823, hereinafter referred to as the “Project”, which
improvement contemplates and includes grading, drainage, retaining walls, watermain, bituminous
surfacing, concrete curb and gutter, wood pole traffic signal, and bridge (box culvert), and other related
improvements; and
WHEREAS, the above described Project lies within the corporate limits of the City, and
WHEREAS, the County has prepared an Engineer’s Estimate of quantities and unit prices for the
construction contract work of the above described Project in the amount of Six Million Four Hundred
Fifty Thousand Six Hundred Twenty Eight Dollars and Eighty Five Cents
Agreement No. PW 32-17-02
County Project No. 9823
County State Aid Highway No. 101
City of Plymouth
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
THIS AGREEMENT, Made and entered into this day of
2002 by and between the County of Hennepin, a body politic and
corporate under the laws
L$ ’c-2-
Mr&OT.
II
The County or its agents will be responsible for the administration of the construction contract
and inspect the construction of the contract work for said Project.The City Engineer of Plymouth and
designated representatives shall have the right to make any inspections deemed necessary and shall
cooperate with the County Engineer and staff at their request to the extent necessary, but will have no
responsibility for the supervision of the work.
The City agrees that the County may make minor changes in the plans or in the character of said
contract construction which are reasonably necessary to cause said construction to be in all things
performed and completed in a satisfactory manner.It is further agreed by the City that the County, may
enter into any change orders or supplemental agreements with the County’s Project Contractor for the
performance of any additional construction or construction occasioned by any necessary, advantageous
or desirable changes in plans, within the original scope of the Project.
III
The City agrees to grant right of way to the County over those lands owned by the City that are a
part of the required right of way for said Project. Said right of way shall be granted at no cost to the
county.
The County or its agents will acquire all additional right of way, permits and/or easements
required for the construction of said Project at no cost to the City.
IV
The County Engineer will prepare weekly progress reports of the construction activities of said
Project as provided in the specifications. A copy of these reports will be furnished to the City upon
request.
V
All records kept by the City and the County with respect to the Project shall be subject to
examination by the representatives of each party hereto.
Agreement No. PW 32-17-02
CSAH 101; C.P. 9823
I
The County will advertise for bids for the work and construction of the aforesaid Project, receive
and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the
unit prices specified in the bid of such bidder.The contract will include the plans and specifications
prepared by the County, also referenced and identified as S.A.P. No. 27-701-09 and approved by
Agreement No. PW 32-17-02
CSAH 101; C.P. 9823
VI
The County reserves the right not to issue any permits for a period of five (5) years after
completion of the Project for any service cuts in the roadway surfacing of the County Highways
included in said Project for any installation of underground utilities which would be considered as new
work; service cuts shall be allowed for the maintenance and repair of any existing underground
utilities.
VII
Detouring of traffic will be necessary during construction of the Project.The detour routes shall
be identified in the plans. All guide signs and regulatory signs shall be furnished, installed, maintained
and removed by the County’s Contractor as part of the contract construction cost.
The County will not be responsible for any damage caused by increased traffic on City streets not
marked as the official detour.
VIII
As part of said Project, the County shall have installed the necessary signs as represented in the
plans and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking
on those portions of County State Aid Highway No. 101 constructed under this Project recognizing the
concurrent jurisdiction of the Sheriff of Hennepin County.
Any modification of the above parking restrictions shall not be made without first obtaining a
resolution from the Hennepin County Board of Commissioners permitting said modification.
IX
Each party agrees that it will be responsible for its own acts and the results thereof, to the extent
authorized by the law, and shall not be responsible for the acts of the other party and the results thereof.
The County’s and the City’s liability is governed by the provisions of Minnesota Statutes, Chapter 466.
The County and the City each warrant that they are able to comply with the aforementioned
indemnity requirements through an insurance or self-insurance program.
X
It is understood and agreed that upon completion of any and all improvements proposed herein,
all water distribution system components, sanitary sewer systems, concrete sidewalk, bituminous trails,
and all municipal street construction included in said improvement shall be the property of the City and
all maintenance, restoration, repair, replacement or other work or services required thereafter shall be
performed by the City at no expense to the County.
3 -\% -
Agreement No. PW 32-17-02
CSAH 101; C.P. 9823
It is further understood and agreed that all drainage ponds, drainage areas and water quality
control drainage structures included in said improvement and within the municipal limits of the City
shall be the property of the City and all maintenance, restoration, repair, replacement or other work or
services required thereafter shall be performed by the City at no expense to the County.
It is understood and agreed that upon completion of the Project, all landscaping included in the
Project shall not become the property of the County and all maintenance, restoration, repair or
replacement required thereafter shall be performed by the City or private citizens at no expense to the
county.
It is hereby understood that the County requires an operational clear zone behind the face of curb
for storage of snow removed from County roadways. The City hereby agrees that the City shall be
responsible for the removal of any snow that may be placed on the sidewalks and/or pedestrian/bicycle
paths within the operational clear zone, as a result of the County’s snow removal operations on CSAH
101 within the limits of said Project. This paragraph is not intended to confer a benefit upon any third
party and the City’s decision to remove snow from the sidewalk and/or paths shall be made by the City
in its sole discretion pursuant to its policy on removal of snow and ice from its sidewalks and/or
pedestrian/bicycle paths and trails.
The City shall have the right to enter upon County right of way as necessary to perform all
maintenance, restoration, repair, replacement or other work or services herein agreed to by the City.
The City shall notify the County a minimum of 24 hours prior to the performance of any such work by
the City which will affect traffic on CSAH 101.
XII
Upon completion of the Project the County shall, at its own cost and expense, retain ownership
and maintenance responsibilities for those portions of the roadway storm sewer drainage system
functioning as catch basins and associated lead pipes that are within or between the outermost curblines
of the County roadways as well as those within the radius return limits of intersecting municipal streets.
All other components of the roadway storm sewer drainage system, constructed as a part of this Project
including but not limited to all trunk lines, special water quality control drainage structures and all
existing or proposed drainage ponds, regardless of their location within County right of way, shall
become the property of the City and shall be maintained by the City.
All questions of maintenance responsibilities that may arise shall be jointly resolved by the City’s
Director of Public Works and the County’s Operations Division Engineer.
XIII
The City agrees to defend, indemnify and hold harmless the County, its officials, officers, agents,
volunteers and employees, from any liabilities, claims, causes of action, judgments, damages, losses,
4 -\ &
5-
xv
In order to coordinate the services of the County with the activities of the City so as to
accomplish the purposes of this Agreement, the Hennepin County Engineer or designated
representative shall manage this Agreement on behalf of the County and serve as liaison between the
County and the City.
afore defined County owned improvements
constructed as part of said Project. The County’s liability shall be governed by the provisions of
Minnesota Statutes, Chapter 466 or other applicable law.
XIV
It is further agreed that any and all employees of the City and all other persons engaged by the
City in the performance of any work or services required or provided for herein to be performed by the
City shall not be considered employees of the County, and that any and all claims that may or might
arise under the Minnesota Economic Security Law or the Workers’ Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said employees while so engaged on any
of the work or services provided to be rendered herein shall in no way be the obligation or
responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the County in the
performance of any work or services required or provided for herein to be performed by the County
shall not be considered employees of the City, and that any and all claims that may or might arise under
the Minnesota Economic Security Law or the Workers’ Compensation Act of the State of Minnesota on
behalf of said employees while so engaged and any and all claims made by any third parties as a
consequence of any act or omission on the part of said employees while so engaged on any of the work
or services provided to be rendered herein shall in no way be the obligation or responsibility of the
City.
466. or other applicable law.
The County agrees to defend, indemnify, and hold harmless the City, its officials, officers,
agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages,
losses, costs, or expenses, including reasonable attorneys’ fees, resulting directly or indirectly from any
act or omission of the County, its contractors, anyone directly or indirectly employed by them, and/or
anyone for whose acts and/or omissions they may be liable related to the ownership, maintenance,
existence, restoration, repair or replacement of the
afore defined City owned improvements constructed as part of
said Project. The City’s liability shall be governed by the provisions of Minnesota Statutes, Chapter
Agreement No. PW 32-17-02
CSAH 101; C.P. 9823
costs or expenses, including, reasonable attorneys’ fees, resulting directly or indirectly from any act or
omission of the City, its contractors, anyone directly or indirectly employed by them, and/or anyone for
whose acts and/or omissions they may be liable for related to the ownership, maintenance, existence,
restoration, repair or replacement of the
w--6-
le_F intentionally blank)
and. the County.
XVI
It is understood and agreed that the entire Agreement between the parties is contained herein and
that this Agreement supersedes all oral agreements and negotiations between the parties relating to the
subject matter hereof. All items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
Any alterations, variations, modifications, or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement signed by the
parties hereto.
XVII
The provisions of Minnesota Statutes 18 1.59 and of any applicable local ordinance relating to
civil rights and discrimination and the Affirmative Action Policy statement of Hennepin County shall
be considered a part of this Agreement as though fully set forth herein.
this space
Agreement No. PW 32-17-02
CSAH 101; C.P. 9823
In order to coordinate the services of the City with the activities of the County so as to
accomplish the purposes of this Agreement, the City’s Director of Public Works or designated
representative shall manage this Agreement on behalf of the City and serve as liaison between the City
Agreement No. PW 32-17-02
CSAH 101; C.P. 9823
IN TESTIMONY WHEREOF, The parties hereto have caused this Agreement to be executed
by their respective duly authorized officers as of the day and year first above written.
CITY OF PLYMOUTH
Seal)By:
Mayor
Manager
Date:
COUNTY OF HENNEPIN
ATTEST:
By:
Deputy/Clerk of the County Board
Date:Date:
APPROVED AS TO FORM:And:
Assistant/Deputy/County Administrator
Date:
APPROVED AS TO EXECUTION:
By:
Assistant County Attorney
By:
Chair of its County Board
And:
Assistant County Administrator, Public Works
and County Engineer
Date:
RECOMMENDED FOR APPROVAL
By:
Director, Transportation Department
Date:
1
ESTIMATE OF QUANTITIES AND COST
CSAH 101 (TH 55 NORTH TO CSAH 47)
lOl_9823\WCELW23_WANTlTlESXLS:2
0wo2 10.45 AM
FILE:
RNISION:W27/02
PRINTED:
LAST
0Y:JK.S
w
ESTIMATE OF QUANTITIES AND COST
CSAH 101 (TH 55 NORTH TO CSAH 47)
PARTICIPATING I NON-PARTICIPATING I STORM SEWER
IIII
10:45SW02
D\lOl_SS23WCELW23_WANTlTlES.XLS:2
PRINTED:
REVISION:Si27/02
FILE:
SKJKS
LAST
P
n,0
IIPARTICIPATINGNON-PARTICIPATING STORM SEWER I
ESTIMATE OF QUANTITIES AND COST
CSAH 101 (TH 55 NORTH TO CSAH 47)
D\lOl_S823WCELWB23_QUANTlTlES.XLS:2
10145 AM
FILE:
SW02
REVlSKWW27iO2
PRINTED:
LAST
SY:JKS
95,273.79
80,740.50
Engineering (18%)14.533.29
TOTAL ESTIMATED CITY COST
D\lOl_SS23WCELW23_QUANTlTlES.%LS:2
ESTIMATE OF QUANTITIES AND COST
CSAH 101 (TH 55 NORTH TO CSAH 47)
PRINTED:
1) All Storm Sewer 100% County funded
Medina Cost Summarv
Contract Construction Share
FILE:
REVISION:Si27/02LAST
SY:JKS
763-478.4030,TDD
www.co.hennepin.mn.us
Dear Mr. Faulkner,
Submitted for approval are two copies of the above referenced agreement.
If the agreement is satisfactory, please have both copies signed by the appropriate officials and return
them to this office. Also, please return two certified copies of a resolution authorizing these officials
to sign the agreement. Upon completion of the remaining signatures by Hennepin County officials,
we will send you one fully executed copy for your files.
If you have any questions concerning the agreement, please call Harlan Hanson at (763) 745-7673 or
Wayne Loos at (763) 745-7663.
Please call Wayne to arrange for pick up by Hennepin County.
Bruce M. Polaczyk, P.E.
Design Engineer
3+3&0+
CSAH 101, COUNTY PROJECT 9823
763-745-7500, Phone
763-478-4000, Fax
7-P-z-
AGREEMENT NO. PW
3t
12,2002
Mr. Dan Faulkner
Director of Public Works
City of Plymouth
3400 Plymouth Blvd.
Plymouth, Minnesota 55447
Hennepin County Transportation Department
1600 Prairie Drive
Medina, MN 55340-5421
September
Rockford Road, particularly during the peak traffic periods. Due to the length of time since the
last speed study and the subsequent changes in utilization of the roadway, it is appropriate to
request a speed zone study at this time.
Rockford Road expressing concern with the difficulty of accessing Old
Rockford Road, which is a concern if children are crossing
the roadway to get to the school.
City staff has received comments from concerned residents living in adjacent residential
developments along Old
Rockford Road to gain access to this trail. In addition, Kimberly Lane
Elementary School is located on Old
Dunkirk Lane.With this trail extension, we feel that more pedestrians will
need to cross Old
Rockford Road and since then there has been considerable development that has occurred
adjacent to this roadway. This area of Plymouth is nearly fully built and there are many
pedestrians who use this roadway for recreational purposes. In addition, a new trail extension is
currently being built from Holly Lane to Peony Lane, which will be an extension of the current
trail which begins at
Mn/DOT has analyzed the speed limit on this segment
of Old
Rockford Road (CSAH 9) was
set at 45 mph.
It has been approximately four years since
Dunkirk Lane to
Dunkirk
Lane was set at 50 mph and the speed limit from
Rockford Road
CSAH 9). Following the analysis in 1998, the speed limit from State Highway 55 to
Rockford Road (CSAH 9). The speed limit at that time was 50
mph from Highway 55 to Vicksburg Lane and 45 mph from Vicksburg Lane to
Rockford
Road from State Highway 55 to
Mn/DOT conducted a speed zoning study on Old
Rockford Road (CSAH 9).
BACKGROUND: In May of 1998,
Rockford Road from State Highway 55 to
Mn/DOT) to conduct a speed zoning study on Old
ROCKFORD ROAD (CSAH 9)
ACTION REQUESTED: Make a motion to adopt the attached resolution requesting the
Minnesota Department of Transportation
ROCKFORD ROAD FROM TH 55 TOOLD
Mn/DOT TO CONDUCT SPEED ZONING STUDY
Hagen, P.E. Assistant City Engineer
SUBJECT: REQUEST
82002
TO:wight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM: John M.
26,2002 for the City Council Meeting of October
C
DATE: September
J, Agenda Number:
pw\Engineering\GENERAL\MEMOS\CarlaV002\lOO8OZ.doc
Assistant City Engineer
Attachment: Resolution
N
Rockford Road
CSAH 9).
Rockford Road between Highway 55 and
Mn/DOT to conduct a speed zoning study to determine the
safe and reasonable speed on Old
RECOMMENDATIONS AND CONCLUSIONS: I recommend that the City County adopt
the attached resolution requesting
dot\pw\Enginnring\GENERMOS\CarlaVM)2\R
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
N
8,2002.
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
Rockford Road
CSAH 9).
Adopted by the City Council on October
Rockford Road from Trunk Highway 55 to
Rockford Road due to the speed and volume of traffic.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA:That the City request the Minnesota Department of Transportation to
conduct a speed zoning study on Old
difficulty of accessing Old
Rockford Road (CSAH 9) have expressed concern with the current traffic speeds and the
Rockford Road from Trunk Highway 55
to
Dunkirk Lane; and
WHEREAS, with the new trail construction on Peony Lane, more pedestrians will be using this
roadway for recreational purposes; and
WHEREAS, adjacent residential neighborhoods along Old
Rockford Road has changed, including a section of trail that is
currently being constructed from Holly Lane to Peony Lane. With this addition, the trail will extend
from Peony Lane to
Mn/DOT in May 1998; and
WHEREAS, the utilization of Old
Rockford Road has generated increased traffic
levels along this roadway since the last speed study was completed by
ROCKFORD ROAD (CSAH 9)
WHEREAS, additional development adjacent to Old
Mn/DOT) TO CONDUCT A SPEED ZONING STUDY
OLD ROCKF ’ORD ROAD FROM
TRUNK HIGHWAY 55 TO
02-
REQUESTING THE MINNESOTA DEPARTMENT OF TRANSPORTATION
CITY OF PLYMOUTH
RESOLUTION NO.
09_23_02.docreCapGrantAmendN:\~w\E~~I~~~~~~~\TRANSIT\RESOL\~W~\CCMemo
28,2002, the City Council adopted Resolution No. 2002-258 authorizing a request
to Metropolitan Council for $166,024 in National Data Base (NDT) grants. A detail
description is included in the attached copy of the staff report presented to Council on May
28, 2002. The agreements are for the following transit capital projects.
SG 02-139 for the Dial-A-Ride technology upgrade for $49,583.
SG 01-57 amendment for the Reserve Transit Center for $106,941 and the
Neighborhood stops shelter lighting for $9,500 for a total request of $116,441.
The Reserve Transit Center funding is being added to the 2001 grant as an
amendment and includes an extension to April 30, 2003.The original grant was for
155,106 plus our 2002 request for 116,441 plus an additional $35,000 added by
Metropolitan Council brings the grant total to $306,547.
1,
2004 and the amendment to Grant Agreement SG 01-57 ending April 3, 2003 for transit
capital grant agreements with the Metropolitan Council.
BACKGROUND
On May
cd,
DATE: September 23, 2002 for the City Council Meeting of October 8, 2002
TO:wight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
FROM:Pat J. Qvale, Public Services Manager
SUBJECT:Approval of Transit Capital Grant Agreements with the
Metropolitan Council
ACTION REQUESTED: Make a motion to adopt the attached resolutions authorizing the
Mayor and City Manager to execute Grant Agreement SG 02-139 ending December 3
if :‘,j1AgendaNumber:
09_23_02.docreCapGramAmendN:\pw\Engineering\TRANSIT\RESOL\2002\CC Memo
M&ager
attachments: Resolutions
Staff Report for May 28, 2002 Council Meeting
Amendments
2
Publit Services
SG 01-57 and authorize the Mayor and City Manager to execute
the grant agreements.
SG 02-139 and approving the amendment and extension to
April 3, 2003 of Grant
RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City
Council adopt the attached two resolutions for Metropolitan Council transit capital grant
agreements approving Grant
dotSG-0,.13!3_,0~08_02GrantResRTCN:$w\Engineering\TRANSITiRESOLV001\CC
8,2002
ial-A-Ride
technology upgrade.
2.That the City Council authorizes the Mayor and City manager to execute
Grant Agreement No. SG-02-139.
Adopted by the City Council on October
2002-
RESOLUTION APPROVING METROPOLITAN COUNCIL
GRANT AGREEMENT NO. SG-02-139 FOR REGIONAL
FUNDING TO PURCHASE DIAL-A-RIDE TECHNOLOGY UPGRADE
WHEREAS, the City of Plymouth provides transit services pursuant to Minnesota Statutes
Section 473.388; and
WHEREAS, the City of Plymouth receives operating and capital assistance from the
Metropolitan Council for transit services; and
WHEREAS, the Metropolitan Council has approved a Regional Transit Capital Grant in the
amount of $49,583 to the City for the purchase of the Dial-A-Ride technology upgrade; and
WHEREAS, Grant Agreement No. SG-02-139 has been provided by the Metropolitan
Council for execution by the City to receive these grant funds; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
approve Grant Agreement No. SG-02-139.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. That the City hereby adopts this resolution approving Grant Agreement
No. SG-02-139 between the City and the Metropolitan Council for
49,583 in Regional Transit C apital funds to purchase the D
CITY OF PLYMOUTH
RESOLUTION NO.
l-
1, 2004. After that date, all grant funds which have not
49,583.00 for the purpose of performing the Project set forth in Exhibit
A, which is attached to and incorporated in this agreement. In no event will the Council ’s obligation
under this agreement exceed the total grant amount. The Council shall bear no responsibility for any cost
overruns which may be incurred by the Grantee in the performance of the Project.
2.02 Grant Period. The grant period shall commence upon the execution of this agreement
and remain in force and effect until December 3
funds,
described in Exhibit A.
1.02 “Council bond proceeds ” means funds received by the Council from the intended
issuance of Metropolitan Council general obligation bonds to accomplish the Council ’s Transit CIP.
II.GRANT AMOUNT, GRANT PERIOD, AND PAYMENT OF PROCEEDS
2.01 Grant Amount. The Council agrees to make available to the Grantee during the grant
period a total grant amount of
CIP, and the Council desires
to assist the Grantee by the award of a transit capital grant.
NOW, THEREFORE, the Council and the Grantee agree as follows:
I.DEFINITIONS
1.01 “Project” means the entire work effort funded in whole or in part by Council grant
CR”‘); and
WHEREAS, the Transit CIP provides for funding of capital projects such as vehicle acquisition or
refurbishment, public transit and support facilities, computer/communication equipment acquisition,
transit equipment acquisition, and demonstration projects to assist in providing safe and convenient
access to transit services; and
WHEREAS, the Council is authorized by Minnesota Statutes section 473.375 to provide financial
assistance to operators of public transit in the metropolitan area; and
WHEREAS, the Grantee is an eligible recipient for transit capital financial assistance and has applied to
the Council for a transit capital grant; and
WHEREAS, the proposed project is consistent with the Council ’s Transit
Contract No. SG-02-139
AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND
THE CITY OF PLYMOUTH
FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE
THIS AGREEMENT is entered into by THE METROPOLITAN COUNCIL, ( “the Council ”), and
THE CITY OF PLYMOUTH ( “the Grantee ”).
WHEREAS, the Council is authorized by Minnesota Statutes section 473.39 to issue bonds to provide
funds to implement the Council ’s transit capital improvement program ( “the Transit
24,2002, and before expiration of the grant period are eligible for payment or reimbursement out of grant
proceeds.
3.02 Professional Services Costs. The costs of legal, engineering, architectural, construction
site management, design services, soils testing, preparing bidding or proposal specifications, or project
management services directly necessary to perform the Project are eligible for payment or reimbursement
out of grant proceeds. Such services must be performed by outside firms or individuals. Direct staff
costs incurred by the Grantee for these types of services are not grant-eligible costs.The amount of grant
proceeds which may be used for these professional services costs must not exceed three percent (3%) of
the total grant amount.
3.03 Administration Costs of Grant. The Grantee agrees to maximize the use of its own
personnel and internal services in taking the steps necessary to perform the Project and minimize the
administrative costs associated with the performance of the Project.Grant proceeds may not be used to
fund any grant administrative costs.
3.04 Regional Use. The Grantee agrees to perform, operate, and maintain the Project capital
assets in a manner consistent with the Council ’s Transit CIP, Transportation Policy Plan, and other
Council-adopted regional transportation policy. The Grantee further agrees that it will not adopt any
rules or restrictions hindering regional use of the Project capital assets or sell or remove the Project
2-
1 and June 1 of each calendar year of the grant period.
The Grantee shall describe the activities undertaken in connection with the grant and shall provide
sufficient documentation of grant-eligible expenditures and such other information as the Council ’s staff
reasonably requests.
2.05 Council Fund Requirement. Notwithstanding anything to the contrary in this
agreement, the payment of grant proceeds shall be made by the Council within the time frames specified
in this article only if the Council has adequate transit bond funds on hand at the time that payment is due.
The Grantee acknowledges that, at the time of execution of this grant agreement, the Council may not
have issued the Council bonds, the proceeds of which will be used to fund the Council portion of this
agreement.
III.AUTHORIZED USE OF GRANT PROCEEDS
3.01 Project Costs. The costs of performing the Project as detailed in Exhibit A after April
been expended shall revert to and become part of the Council ’s Transit Capital Fund and may be
reallocated or expended by the Council for other transit capital projects.
2.03 Reimbursement Payments of Grant Proceeds. All payments to the Grantee shall be
made on a Reimbursement basis following submission by the Grantee to the Council of satisfactory
documentation of grant-eligible expenditures. All documentation of expenditures shall be submitted in a
form acceptable to the Council. The Council shall reimburse all grant eligible expenditures not in excess
of the total grant amount within thirty (30) days of the receipt of satisfactory documentation from the
Grantee. The documentation shall be subject to review and acceptance or rejection by the Council ’s
Regional Administrator. Documentation shall be deemed to be accepted if it is not rejected in writing
within ten (10) working days of receipt.
2.04 Reimbursement Request/Progress Reports. To obtain reimbursement under this
agreement, the Grantee shall submit a Reimbursement Request/Progress Report on forms provided by the
Council. Reimbursement Request/Progress Reports may be submitted once per month, but must be
submitted at least semi-annually by December
3-
capital assets from regional use without the express written consent of the Council, either during the
grant period or for a period of three (3) years following.
Iv .ACCOUNTS, RECORDS, AND AUDIT REQUIREMENTS
4.01 Separate Account; Records. The Grantee agrees to establish and maintain a separate
account for the Project and to maintain accurate and complete records and accounts relating to the receipt
and expenditure of any and all grant funds. Such accounts and records shall be kept and maintained for a
period of at least six (6) years following the expiration of the grant period. All costs charged to the
Project must be supported by proper documentation, including properly executed payrolls, time records,
invoices, contracts, or vouchers, evidencing in detail the nature and propriety of the charges.
4.02 Audit. The above accounts and records of the Grantee are subject to audit by the
Council and may be inspected on the Grantee ’s premises or otherwise by individuals designated or
authorized by the Council at any time following reasonable notification during the grant period and for a
period of six (6) years thereafter.
V.GENERAL CONDITIONS
5.01 Consultation. The Grantee agrees specifically to review and solicit recommendations
and advice from the Council ’s staff at the earliest possible time if and when the Grantee expects that the
following will or may occur:
a.The costs for any portion of the Project will be higher than the Grantee ’s projected costs
for that portion of the Project; or
b.The total cost of the Project will exceed the total grant amount.
If the Grantee, for any reason, determines that the Project or any portion of it should not be undertaken,
or that there should be a change in the scope or costs of the Project or any portion of it, the Grantee shall
submit to the Council ’s Regional Administrator a statement describing the situation and giving the
reasons for the Grantee ’s determination. The Grantee may, simultaneously with the submission of the
statement or within a reasonable time thereafter, recommend for Council approval alternative projects,
activities, uses, expenditures, or allocations of grant funds.
5.02 Compliance With Law. The Grantee agrees to comply with the provisions of all
applicable state and federal laws, including those laws pertaining to the use of bond proceeds. This grant
is financed with bonds issued in accordance with Federal arbitrage restrictions. The Grantee will not use
the grant funds in any way which would cause the bonds to be classified as “Arbitrage Bonds ” under the
Internal Revenue Code. The Grantee will not take any action that would adversely affect the exemption
from federal income taxation of the bonds or omit to take any action necessary to maintain such tax
exempt status. Further, the Grantee agrees that it is the Grantee ’s obligation and responsibility, and not
the Council’s, to comply with all other laws, regulations, and rules relating to activities undertaken in
performing the Project.
5.03 Liability. Each party agrees that it will be responsible for its own acts and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the
results thereof. The Council ’s liability shall be governed by the Minnesota Municipal Tort Claims Act,
Minnesota Statutes chapter 466, and other applicable law.
5.04 Amendments. The terms of this agreement may be changed by mutual agreement of the
parties. Changes shall be effective only upon execution of written amendment(s) signed by authorized
representatives of the Council and the Grantee.
5.05 Title to Equipment and Vehicles. Title to any equipment or vehicles purchased or
improved with grant funds must remain in the Grantee ’s name for the time period indicated in paragraph
3.04.Accordingly, the Grantee shall take reasonable measures to protect and defend its title interest and
shall keep the equipment and vehicles free and clear of any liens, encumbrances, or other claims.
5.06 Operations and Maintenance. The Grantee agrees to be responsible to operate and
maintain the Project in good working order for the time period indicated in paragraph 3.04 and to be
responsible for any costs of operation and maintenance of the Project.
5.07 Risk of Loss. The Grantee bears the risk of loss of, damage to, or destruction of any
equipment and vehicles purchased with grant funds and any buildings or other improvements to land
accomplished in whole or in part with grant funds. At a minimum, the Grantee shall secure appropriate
insurance or establish a fund for appropriate self-insurance to cover full replacement value and to protect
the Council ’s investment of regional funds for the time period indicated in paragraph 3.04.
5.08 Equal Opportunity; Affirmative Action. The Grantee agrees to comply with all
applicable laws, rules, and regulations relating to nondiscrimination and affirmative action in public
purchase, involvement, and use. In particular, the Grantee agrees not to discriminate against any
employee or applicant for employment because of race, color, creed, religion, sex, sexual orientation,
national origin, marital status, disability, status with regard to public assistance, membership or activity
in a local civil rights commission, or age, and to take affirmative action to insure that applicants and
employees are treated equally with respect to all aspects of employment, rates of pay and other forms of
compensation, and selection for training. In addition, the Grantee agrees to include affirmative action
and equal employment provisions in any written contract entered into after the date of execution of this
agreement which involves the provision of work or services which will be paid for in whole or in part out
of the grant proceeds.
5.09 Permits, Bonds, and Approvals. The Grantee is responsible for obtaining all
applicable local and state licenses, permits, bonds, and authorizations necessary for performing the
Project.
5.10 Acknowledgments. The Grantee shall appropriately acknowledge the financial
assistance provided by the Council in any promotional materials, press releases, reports, and publications
relating to the Project.
5.11 Construction. This agreement is intended to assist in implementing the Council ’s
Transit CIP and Transportation Policy Plan/Development Guide Chapterand shall be interpreted
consistently with them.
5.12 Effect of Project Close-out. The Grantee agrees that Project close-out does not
invalidate continuing obligations imposed on the Grantee by this agreement. Project close-out does not
alter the Council ’s authority to disallow costs and recover funds on the basis of a later audit or other
review, and does not alter the Grantee ’s obligation to return any funds due to the Council as a result of
later refunds, corrections, or other transactions.
4-
5-
Its:
Date:
By:
Date:
139-OO.doc
METROPOLITAN COUNCIL
By:
Regional Administrator
Date:
CITY OF PLYMOUTH
By:
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives.
Approved as to form:
Office of General Counsel
02
Upgrade Dial-a-Ride technology
Note: funds cannot be used to purchase software
A-l
EXHIBIT A
DESCRIPTION OF PROJECT
The funds granted under this agreement shall be used to accomplish the following project(s):
dotad11~10_08_02SG-01.57ResRTCGrant \~w\E~~~w~~~\TFzANSITWSOLI~OO~\CC
8,2002
N
2002-
RESOLUTION APPROVING METROPOLITAN COUNCIL
GRANT AGREEMENT AMENDMENT NO. SG-01-57 FOR REGIONAL
FUNDING TO FUND THE RESERVE TRANSIT STATION
WHEREAS, the City of Plymouth provides transit services pursuant to Minnesota Statutes
Section 473.388; and
WHEREAS, the City of Plymouth receives operating and capital assistance from the
Metropolitan Council for transit services; and
WHEREAS, THE city of Plymouth received the original grant in 2001 for $155,106; and
WHEREAS, the Metropolitan Council has approved a Regional Transit Capital Grant
Amendment in the amount of $15 1,441 to the City for the funding of the Reserve Transit
Center; and
WHEREAS, Grant Agreement No. SG-01-57 amendment has been provided by the
Metropolitan Council for execution by the City to receive these grant funds; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
approve Grant Agreement No. SG-01-57 amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. That the City hereby adopts this resolution approving Grant Agreement
Amendment No. SG-01-57 between the City and the Metropolitan
Council for $15 1,441 for a total grant of $306,547 with an extension to
April 3, 2003 in Regional Transit Capital funds for the Reserve Transit
Center.
2.That the City Council authorizes the Mayor and City manager to execute
Grant Agreement Amendment No. SG-01-57.
Adopted by the City Council on October
CITY OF PLYMOUTH
RESOLUTION NO.
i .doc
Office of General Counsel
By:
Regional Administrator
Date:
CITY OF PLYMOUTH
By:
Date:
0 1057-O
After that date, all grant funds
which have not been expended shall revert to and become part of the Council ’s Transit Capital
Fund and may be reallocated or expended by the Council for other transit capital projects.
The remaining provisions of the above-referenced agreement shall remain in force and effect without
change except as amended above.
IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly
authorized representatives.
Approved as to form:METROPOLITAN COUNCIL
3,2003.
306,547.00 for the purpose of performing the Project set
forth in Exhibit A, which is attached to and incorporated in this agreement. In no event will the
Council ’s obligation under this agreement exceed the total grant amount. The Council shall bear
no responsibility for any cost overruns which may be incurred by the Grantee in the performance
of the Project.
2.Article II, GRANT AMOUNT, GRANT PERIOD, AND PAYMENT OF PROCEEDS,
paragraph 2.02, Grant Period, is amended to read:
2.02 Grant Period. The grant period shall commence upon the execution of this
agreement and remain in force and effect until April
1, Grant Amount, is amended to read:
2.01 Grant Amount. The Council agrees to make available to the Grantee during the
grant period a total grant amount of
1, between the
Metropolitan Council and the City of Plymouth, relating to a capital grant for construction of a transit
station in the Reserve development and ancillary amenities, is amended in the following particulars:
1.Article II, GRANT AMOUNT, GRANT PERIOD, AND PAYMENT OF PROCEEDS,
paragraph 2.0
SGOl-057
FIRST AMENDMENT TO AGREEMENT
BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF PLYMOUTH
FOR TRANSIT CAPITAL FINANCIAL ASSISTANCE
The parties agree that the grant agreement they entered into on August 27,200
Contract No.
dot5-16-021NTD200rcMemo ‘iALPHAZ\ntdiskl’pw~E”~,“~~~,“~\T~NSl~RESOL\2002\CC
thus the 2001 date.)
Technically, NTD funding is federal, requiring a federal funding request (which is very
complicated and slow). The Metropolitan Council arranged a “switchout” of funds with
Metro Transit, giving all of the federal NTD funding to Metro Transit and in turn receiving an
equal amount of previously granted Regional Transit Capital (RTC) funds in exchange. What
this does is to make the NTD funding process much easier for all of the other regional
providers, including Plymouth Metrolink.
PROPOSED PROJECTS: This year staff is recommending three projects to be funded with
NTD grant funds:
NTD) funds for 2001, and to authorize
staff to request a NTD grant from the Metropolitan Council.
BACKGROUND: Each year Plymouth Metrolink is awarded funding through the NTD
process as part of the federal funding program for public transit. Funding allotments are
determined by a formula that includes miles of fixed route and Dial-A-Ride service over the
previous year, plus mileage on “fixed guideways” such as the I-394 HOV lane.
Last year Plymouth Metrolink was awarded $155,106 in NTD funds, which were all dedicated
to The Reserve Transit Station project. This year ’s allocation is $166,024. (The funding is
always identified for the previous year
Dwight D. Johnson, City Manager through
Daniel L. Faulkner, P.E., Director of Public Works
Pat Qvale, Public Services Manager
FROM:George C. Bentley, Transit Consultant
SUBJECT:Approval of 2001 NTD Funding Projects and Authorization for an
NTD Grant Request to the Metropolitan Council
ACTION REQUESTED:Make a motion to adopt the attached resolution approving
projects to be funded with National Transit Database
cs
CITY OF PLYMOUTH
CITY COUNCIL AGENDA REPORT
DATE:May 17, 2002 for the City Council Meeting of May 28, 2002
TO:
Agenda Number:
dnc5-16-02NTD2001reMemapw’EnS,ncer,ng\TRANSi~RESOL,2OO~\CC
250 , 000
The bids for construction came in higher than estimated. The original estimate was $194,500
for construction, but the low bid (which was awarded by the City Council on October 23,
2001) was $234,400.
2000 NTD grant funds of $155,106 were dedicated to this project, while the remaining
134,428 was to come from Plymouth Metrolink transit reserve funds. Since that time staff
has been working to identify a supplemental funding source to reduce the amount of tr ans it
reserve funds necessary for this project.
With the 2001 NTD funds it is possible t o not only ‘cover the entire project capital costs, but to
also cover 7% of the design and engineering costs (the maximum allowable under the grant
rules).
2 N
225 , 000$25 , 000
94 , 894
To t a ls
155 , 106
P ly m ou thMetr o li nk R ese r ve Funds$69 , 894$25 , 000
155 , 106
1 Remot e 1
Transit Remote
FUNDING Station stop s TOTALS
2000 M etC ounc il NTD G r an t
SUBJECT: APPROVAL OF NTD FUNDING PROJECTS
Reserve Transit Station: The bids for the Reserve Transit Station came in above estimates
as was reported to the City Council at the time the construction contract was awarded), so
part of the 2001 NTD funding should be used to make up the difference and to reduce the
expenditure of operating funds for this project.
The original cost estimate for The Reserve Transit Station and two remote bus stops was:
Transit
dot5_16_02re2001NTDMemopw~Eng~nccr~ng\T~SANSmRESOL\2OOZ\CCN
@ $1,500 per site:
Contingency:
7,500
2.000
Total estimated cost:$9,500
SUBJECT: APPROVAL OF NTD FUNDING PROJECTS
It is requested that $106,941 of the 2001 NTD grant funds be dedicated to this project. In so
doing, the use of transit reserve funds is reduced from $134,428 to $27,487.
The revised cost and funding estimate is as follows:
Security Lighting at Neighborhood Stops Bus Shelters: The shelters at the Type “A ”
Neighborhood Stops were built without lighting due to cost concerns and to avoid
construction delays.It is now proposed that these shelters be retrofitted with lighting for
security reasons (not based on any incidents). The lights and installation are estimated at
500 per shelter, and the provision of electrical service to each site is an estimated $1,000
assumes electrical service is available within 100 feet). This means that the cost per shelter
is estimated to be $1,500, and with 5 sites the total estimated cost is $7,500. Because o f
current uncertainty about the distance to available electrical service, a reserve of $2,000 is
proposed as part of this project.
Lighting and electrical service to 5 sites
c5-16-022001MDreMemo \pw\Engincnlng\TRANSI~~SOL\2002\CC
24,2002, and it was recommended for approval to the City Council.
N
CIP will provide guidance for future funding needs, and will assist in
identifying appropriate priorities for these projects. This plan is expected to be completed late
this summer or in early fall.
This item was reviewed by the Plymouth Advisory Committee on Transit at their meeting on
April
funded
with the 2001 NTD funds be submitted to them prior to their submission to the City of a
funding agreement.This means that there will be a grant agreement brought to the City
Council for approval in the near future, should the City Council approve the project list
included in this memo.
Plymouth Metrolink is currently having an update to the 1997 Transit Facilities Plan
completed by LSA Design, Inc. which will not only identify transit capital needs for the
future, but will also include a five year Capital Improvement Plan. This updated facilities
plan and five year
7,383
Total estimated cost:$49,583
TOTAL PROPOSED NTD PROJECTS COST: The total proposed NTD projects funding
request for the 2001 NTD grant is:
Additional funding for The Reserve
Transit Station:
Neighborhood Stops shelter lighting:
Dial-A-Ride technology upgrade:
106,941
9,50 0
49,583
Total recommended projects cost:$166,024
Total NTD funding available:$166,024
DISCUSSION:The Metropolitan Council has requested that a list of projects to be
MDTs:$42,200
Contingency:
MDTs) on the Dial-A-Ride buses as part of the Dial-A-Ride
technology upgrade for $42,200. (See staff memo dated May 16, 2002 regarding the approval
of a technology upgrade for Dial-A-Ride.) This amount covers the capital costs allowable
under the NTD grant rules.
Also requested is a contingency amount of $7,383 for this project.It is hoped that through
discussions with the vendor and with the Metropolitan Council it is possible that additional
items may become eligible for capital funding that are not currently identified as such.
Purchase and installation of
Technolom Upgrade:This item is for the purchase and installation of the
mobile data terminals
SUBJECT: APPROVAL OF NTD FUNDING PROJECTS
Dial-A-Ride
doeS_16_02ZOOINTDrc \pw\Eng~nemng\TRANS~RESOL’~2OOZ\CC Memo
Resolution
N
SUBJECT:APPROVAL OF NTD FUNDING PROJECTS
RECOMMENDATIONS AND CONCLUSIONS: It is recommended that the City Council
adopt the attached resolution approving the 2001 NTD funding projects for Plymouth
Metrolink, and to direct staff to request a grant agreement from the Metropolitan Council
consistent with this staff memo.
attachment
dot5-17-02rcNTDFundingRes2002’CC \pw\Eng,“cenng\TRANSlnRESOL
28,2002
N
17,2002 for 2001 NTD funding in
an amount not to exceed $166,024.
2.That staff is directed to prepare and submit a request to the Metropolitan
Council for an NTD grant agreement in the amount of $166,024.
Adopted by the City Council on May
RESOLUTION APPROVING 2001 NATIONAL
TRANSIT DATABASE FUNDING PROJECTS
WHEREAS, the City of Plymouth provides transit services, pursuant to Minnesota Statutes
Section 473.388; and
WHEREAS, the Metropolitan Council has made available a National Transit Database
NTD) grant to the City in the amount of $166,024; and
WHEREAS, projects to be funded through this NTD grant have been identified; and
WHEREAS, the City Council has determined that it is in the best interests of the City to
adopt a resolution approving the proposed projects for NTD funding and to submit same to
the Metropolitan Council.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA:
1. That the City hereby adopts this resolution approving the project list
identified in the staff memo dated May
CITY OF PLYMOUTH
RESOLUTION NO. 2002
EB/np
5,692.87, and
approval of Change Order No. 2 in the amount of $840.
50 below the revised contract amount.
RECOMMENDATION:Staff recommends final payment in the amount of
5,692X7. The total
actual payment will be $16,463
120,533.63. The retainage and remaining balance on the project is
126,226.50. Previous payments on the project to date totaled
Water to
provide a water line and sewer service to the new Hilde Performance Center. The work on
this project has now been completed in a satisfactory manner and final payment has been
requested on the project. Both the City inspectors and our consultant, MFRA, are
recommending approval of final payment to CDP.
BUDGET IMPACT: The original contract amount on the project is $134,935. Change
Order No. 1 was in the amount of $6,915. Change Order No. 2 is in the amount of $840. The
revised contract amount is $142,690. The actual work completed based on quantities
measured in the field totals
Water for work performed on the
Hilde Performance Center.
BACKGROUND: The City Council currently has a contract with CDP Sewer
5,692.87 to CDP Sewer
Water
1.
2.
3.
4.
ACTION REQUESTED: Approve Change Order No. 2 in the amount of $840 and final
payment in the amount of
CDP Sewer
1,2002, for Council Meeting of October 8
Hilde Performance Center Final Payment
b,\!s
TO:
FROM:
DATE:
SUBJECT:
Dwight Johnson, City Manager
Eric Blank, Director of Parks and Recreation
October
Agenda Number:
Water.
Adopted by the City Council on
5,692.87 is authorized to be paid to CDP Sewer
Water has completed the work on the Hilde Performance Center as
outlined in the city’s current contract, and
WHEREAS, CDP has submitted Change Order No. 2 in the amount of $840, and
WHEREAS, the City’s consulting engineer MFRA has recommended approval of Change Order
No. 2 and final payment, and
WHEREAS, City staff concurs with this recommendation,
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that
Change Order No. 2 in the amount of $840 is hereby approved, and, further, that final payment
in the amount of
WATER
WHEREAS, CDP Sewer
2002-
APPROVING FINAL PAYMENT AND CHANGE ORDER NO. 2 TO
CDP SEWER
CITY OF PLYMOUTH
RESOLUTION
s:imain:$ly13343Lspecs\chgorderno2
142,690.OO
ACC
840.00
6,915.OO$
134,935.oo
840.00
450.00
TOTAL THIS CHANGE ORDER
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER NO. 1
CHANGE ORDER NO. 2
REVISED CONTRACT AMOUNT
APPROVED:
BY:
DATE:
RECOMMENDED:
BY:
390.00
2. Shorter Manhole Line Holes (Contractor change PLYO02)
13343
Reason for Change Order
Additional work related to soils conditions between Sanitary Sewers Manholes Nos. 1 and 2.
1. Exploration Test Holes (Contractor change PLYO02)
Hilde Performance Center
Utility Improvements
MFRA
CHANGE ORDER NO. 2
City of Plymouth
ttpn:JaqurnN
8,2002.
2002-
APPROVING REVISED BIAS/HATE CRIME AND
BIAS INCIDENT RESPONSE PLAN
WHEREAS, the Plymouth City Council approved a Hate/Bias Crime Response Plan in 1996, and
WHEREAS, the Human Rights Commission has administered this Plan and found it to be
effective in responding to Hate and Bias Crimes in the community; and
WHEREAS, the Human Rights Commission has recommended that this Plan be expanded so
that it can be used to respond to all hate and bias incidents in the community, whether or not a
crime has been committed.
NOW THEREFORE, BE IT RESOLVED that the Plymouth City Council approves the Revised
Bias/Hate Crime and Bias Incident Response Plan, as recommended by the Human Rights
Commission.
Adopted by the City Council on October
CITY OF PLYMOUTH
RESOLUTION
v Police Department shall notify the Plymouth Human Rights
Commission after confirmation of a bias/hate crime or bias incident complaint and the
victim has agreed to such notification.Contact shall be made through the city staff
liaison or the chairmanperson of the Human Rights Commission.
The Plymouth Human Rights Commission shall develop a community network, which
can be activated quickly to support victims of bias/hate crimes and bias incidents. The
Plymouth Human Rights Commission shall raise community awareness of prejudice and
bigotry, and the availability of this Response Plan to victims of bias/hate crimes and bias
incidents. The Plymouth Human Rights Commission shall maintain readiness to activate
this Response Plan and keep it current.
verify that the Plan has been followed and to
recognize if changes are needed in responding to future crimes or
incidents.
ROLES AND RESPONSIBILITIES
The Plymouth City Council shall approve and support the Response Plan as developed by
the Plymouth Human Rights Commission.
The Plymouth
City of Plymouth
Bias/Hate Crime and Bias Incident Response Plan
PURPOSE
To establish a local response to bias/hate crimes and bias incidents and to join with the
League of Minnesota Human Rights Commission (LMHRC) in establishing a state-wide
response mechanism to counter hate and bias crimes. The Plymouth Human Rights
Commission (HRC) will not be involved in the investigation of such crimes, but will
provide or coordinate support for the victims of such crimes and incidents.Through the
implementation and administration of this plan, the HRC will attempt to:
Ensure the victim is safe and free from immediate threat.
Ensure the incident is or has been properly reported.
Listen to the victim and offer support.
Advise victim of the role of the HRC. Police Department. State
Department of Human Rights, and others in the process.
Inform victim of his/her rights.
Offer resources and referrals.
Review incident to determine if HRC has a role in education or proactive
actions to prevent repeat of similar incident in the future.
Evaluate each incident to
m and contact appropriate
Neighborhood Watch Block Captain (if area participates).
D.Contact Ministerial/Clergy Association Liaison, and /or the victim’s rabbi,
pastor, priest, etc.
E. Contact appropriate human service agencies.
F. Contact HRC school district liaison.
III.Community Response to Create Awareness and Support
A. Contact Media (after gaining victim ’s approval)
1. Plymouth Sun Sailor
2. Wayzata Weekly News
3. Cable Television
B. School Awareness
C. Religious Groups
includinp referral to State Human Rights De@
5. Offer support, referrals, and resources from community network groups.
E. Exchange telephone numbers.
II.Activate Network to Notify and Deliver Support (after consulting with
victim)
A. Contact Plymouth City Council liaison and the Mayor.
B.Contact League of Minnesota Human Rights Commissions and confirm
notification of crime to Minnesota Department of Human Rights.
C. Contact Plymouth Police Department
Ensure that the victim understands the HRC has an
obligation to report the crime to the Police Department.
C. Call the victim(s) immediately.
D.Conduct a phone or in-person interview (preferable in person)
1.Listen to the victim.
2.Express regret over the incident.
3.Explain HRC role, as well as roles of others involved in the process.
4.Explain options available,
m
notifv the Plymouth
Police Department.
PROCESS
Upon receiving notice of an incident, the Plymouth Human Rights Commission (HRC)
will respond as follows using the steps that are applicable for the particular incident:
I.Immediate Response
A. Ensure victim is safe and free from immediate threat.
B.If there is an immediate threat, or in the event of a crime,
IX% to relate victim(s) status/concerns.
C.Contact Police Department for periodic updates on the status of criminal case
and the outcome.
D. HRC Chairperson or member re-contacts victim(s) after one month.
1. Ask about recurrences
2.Ask about other problems
3. Offer continued support.
4.Discuss whether the victim was satisfied with the process, whether this
Plan was properlv executed, and invite comments/suggestions for future
changes.
V.Report and Evaluation
A. HRC reviews the process and implements improvements
B. HRC sends letters of appreciation to involved network representatives
C. HRC provides summary reports:
1. Plymouth City Council
2.Plymouth Chief of Police
3. League of Minnesota Human Rights Commissions
IV.Follow-Up
A. HRC Chairperson or member re-contacts victim(s) within one week
1. Ask about recurrences
2. Ask about other problems
3. Offer continued support.
B.Contact Police Department
8,2002
1.
2.
3.
4.
ACTION REQUESTED:Adopt a motion to refer the request of the Minnesota Lakes
Association for comments on 2003 legislative priorities to the Environmental Quality
Committee for review and report to the Council.
BACKGROUND:Councilmember Stein received the attached e-mail from the Minnesota
Lakes Association. The e-mail requests input on 2003 legislative priorities relating to water
quality issues. Councilmember Stein suggests that the questions be forwarded to the
Environmental Quality Committee for consideration with a report back to the Council.
ALTERNATIVES: Councilmembers may individually respond to the requested
information.
RECOMMENDATION:Adopt a motion to refer legislative priority questions from the
Minnesota Lakes Association to the Environmental Quality Committee for review and report
back to the City Council.
2,2002, for City Council meeting of October
th/
SUBJECT:Request for Legislative Comments by Minnesota Lakes Association
DATE: October
d
Agenda Number:
TO:Mayor and City Council
FROM:Laurie Ahrens, Assistant City Manager
email and send to:
keri@mnlakes.org. You can also it print out and send to the MLA office at PO Box 321,
Brainerd, Minnesota 56401 or fax to 218-829-0635. This survey will appear in the MLA
MLA’s
Legislative Program in tune with what you, the members, feel MLA should be addressing at the
state legislature and through natural resource protection policies. Following are DRAFT position
statements for issues that MLA is considering. Please let us know if you Agree or Disagree and
provide comments or additional issues to consider. To respond, either hit reply, fill in your
answers and send back to us, or copy the survey and your answers into an
interests.Your opinion is needed to keep
lakes@mnlakes.org.
As the 2003 legislative season approaches, we’re taking the opportunity with this issue of the
Lake Bulletin to survey our members’ legislative
MLA’s monthly Lakes Bulletin to provide you with timely information in addition
to our quarterly Reporter newsletter. To have material included for announcement or to request
removal of your name from this mailing list, please send information to
30,2002
Welcome to
mailto:pwest@mnlakes.org>
DATE: September
pwest@mnlakes.org
30,2002
TO: MLA Members and Friends of MLA
FROM: Paula West, Executive Director, Minnesota Lakes Association
218-824-5565
September
9:22 PM
Subject: Lake Bulletin
30,2002
mailto:mwaller@mnlakes.org>
Sent: Monday, September
LakesAssociation)
To: mwaller@mnlakes.org
mailto:keri@mnlakes.org> by way of Minnesota
inflow of
sediments from highways such as 169, which I really believe the state should pay for, not our
cities, and also from developments that do not currently have proper ponding to prevent
sedimentation from filling in our lakes such as upstream at Wood Creek, and the Target and
others shopping mall on county road 9 and Northwest Blvd. I believe the developers and
homeowners should be responsible for their run-off whether or not they were built before the
current laws requiring ponding.
Terrie
Original Message -----
From: Minnesota Lakes Assn
30,2002
I am forwarding this survey to you all, for your information, and to respond if you would take the
time.Some of you may have already received this. I am responding in agreement with all the
propopsals that they have outlined here.I am also adding a paragraph regarding
September
9:48 AM
Subject: Fw: Lake Bulletin
10/l/2002
Original Message-----
From: Terrie Christian
Sent:
z cent
of new sales tax, voted on by the general public, and dedicated to environmental and
conservation programs.
Position: MLA should pursue the larger funding proposal.
AGREE DISAGREE
COMMENTS:
rivers protection, sought inclusion of language that would
include surface water programs. MLA, working through the Minnesota Environmental
Partnership, is now looking at a larger funding proposal that would provide an additional
306 of one percent of current sales tax to conservation. MLA, concerned that no
dollars were focused on lakes
Reporter newsletter, which you will receive within the next week. Following the survey are
several funding and other resources of timely interest. Thank you for your response.
LEGISLATIVE SURVEY-LET US KNOW YOUR OPINIONS
Non-Phosphorous Turf Fertilizer
Last session legislation was passed that restricts the use lawn fertilizer containing phosphorus to
zero in the seven-county metro area and to three (3) percent throughout the rest of the state
unless a soil test proves that phosphorous is needed. Local governments outside the metro region
can adopt a zero percent phosphorus ordinance by adopting the metro area language. The law
goes into effect in 2004. Golf courses and new sod are exempt. The fertilizer industry has
indicated it may seek repeal of the law before major parts go into effect.
Position: MLA should fight any action to repeal this legislation.
AGREE DISAGREE
COMMENTS:
Environmental Program Funding
Last session the hunting and fishing community failed to pass legislation that would have
dedicated
hand-
in-hand with the MPCA for training, education and hopefully, increased enforcement of septic
system rules.
Position: MLA believes this is the next step in achieving septic system compliance.
AGREE DISAGREE
COMMENTS:
river protection services such as communications,
education, water quality improvement projects, sustainability projects (e.g. Lake Improvement
Districts), water safety patrols, and volunteer programs to encourage best management practices
for lake protection. Funding for such a program could come from increases in boat registration
fees and/or the redirection of unrefunded marine gas tax dollars
Position: MLA should pursue funding sources to increase support for state lake protection
programs and pass through monies to citizen groups and local governments.
AGREE DISAGREE
COMMENTS:
Septic System Compliance
MLA is concerned about the protection of Minnesota’s waters from non-point pollution sources
and supports the statewide requirement of full disclosure and improvement of non-code
compliant septic systems, or an escrow account to perform needed improvements, before a
property title could be transferred. The state realtors association and county recorders opposed
previous efforts. As a new, cooperative approach, MLA is supporting a legislative effort by the
Minnesota On-Site Sewage Treatment Contractors Association (MOSTCA) that will work
Rivers Program
MLA supports the establishment of a public-private partnership where government works closely
with the local citizens to deliver lake
Shoreland Buffer Incentives
Last session, MLA promoted State funding for conservation easements of undeveloped
shorelines. The bonding bill provided $750,000 for a new program, to be administered by the
Board of Water and Soil Resources (BWSR), that would provide grant funding to Local
Government Units. This would compliment a DNR Stream Protection and Restoration Program.
Increased bonding money passed the legislature, but was vetoed by the Governor.
Position: MLA should continue efforts to seek state funding for buffer incentive programs.
AGREE DISAGREE
COMMENTS:
State Lakes
DNR’s Exotic Species Program, funded through
a boat license surcharge, is inadequate. MLA thinks its time to ‘turn up the heat.’
Position: MLA should advocate for increased funding for exotic species management as well as
advocate for more aggressive management and control of exotic species.
AGREE DISAGREE
COMMENTS:
Comprehensive Revision of State Boating Laws
MLA is very concerned about the proper use, controls, and safety of our surface waters. The
MLA supports legislation calling for the revision of current boating laws, which have not been
comprehensively revised for over 25 years. Revisions could include watercraft owner and
operator licensing and modernization and clarification of terminology and definitions.
Position: MLA should pursue a comprehensive revision of the state boating rules with the DNR.
AGREE DISAGREE
COMMENTS:
Exotic Species Control
Exotic species are expanding. Eurasian watermilfoil is now in over 135 lakes. Zebra mussels are
at our doorstep and other ugly exotic invaders may be coming. The impact of exotic species on
Minnesota’s lakes will continue to increase. The
LIDS are an important tool that has been used effectively to improve
lake quality around the state. Currently a LID can be formed or dissolved with a vote of 29
percent of the affected property owners. MLA supports legislation that would require 5 1 percent
of the interested or affected property owners to vote favorable before establishment of a LID.
Position: MLA believes that a majority “buy in” is paramount if the LID is going to be effective.
AGREE DISAGREE
COMMENTS:
Other issues you would like to see MLA address legislatively or through policy changes:
1.
2.
3.
150-foot courtesy zone statewide
AGREE DISAGREE
THIS SHOULD BE A LOCAL DECISION:
COMMENTS:
Lake Improvement Districts
Current state law allows for counties to levy outside levy limits for Lake Improvement Districts
LIDS). MLA believes that
MLA’s previous legislation was opposed by barefooted
water skiers and others who believe this should be a local lake-by-lake decision.
Position: MLA should continue to pursue A
150-foot “slow-no-wake” courtesy zone within 150
feet of shorelines, docks, swimmers, moored or anchored boats, non-motorized watercraft and
watercraft when being used for fishing. The exception would be for watercraft being used to
launch and land a person being towed on water accessories (tubes, skis, boards) provided the
most direct route to and from open water is used. Currently, Lake Minnetonka has a 600-foot
slow-no-wake zone due to high water.
150-foot Courtesy Zone on All Lakes
MLA also supports the establishment of a
Establishment of
local.planning@state.mn.us or John Wells, Sustainable
For further information or
for additional copies, please contact: Deborah Pile, Local Planning Assistance Director,
Minnesota Planning, at 65 l-297-2375 or
http://www.mnplan.state.mn.us <http://www.mnplan.state.mn.us>
29,2002
New Guide for Community Planning
Under Construction: Tools and Techniques for Local Planning” is a guide for people interested
in shaping their community’s future. The guide offers local governments and those they serve
ideas for developing a comprehensive plan that articulates the aspirations and vision of a
community. It suggests how a plan should provide the policy framework for decisions regarding
development, public investment and delivery of government services. The guide is based on the
principles of sustainable development, which means simply that it considers how environment,
economy and community are interrelated, and how a sustainable community lives within its
means by recognizing this in both the short and long term. “In addition to the 200-page print
version, Under Construction is available on CD and via Minnesota Planning’s Web page at
R9ARW--DBHC@FWS.GOV. Proposals must be postmarked
no later than Friday, November
http://birdhabitat.fs.gov, for instructions on
submitting a Small Grant application, as well as Standard Form 424. For more information, call
703.358.1784, or send e-mail to
http://birdhabitat.fws.gov>
kevin.bigalke@dnr.state.mn.us
Small Grants Program for Wetlands Conservation
The U.S. Fish and Wildlife Service and the North American Wetlands Conservation Council
NAWCA) are currently accepting proposals that request match funding for wetland and
wetland-associated upland conservation projects under the Small Grants program. The principal
conservation actions supported by NAWCA are acquisition, enhancement, and restoration of
wetlands and wetlands-associated uplands habitat. To be considered for funding in the 2003
cycle, proposals must have a grant request no greater than $50,000 and represent on-the-ground
projects. Visit
3:l (DNR: project) partner match is
required. A minimum cash match of $1,000 is requested, the remaining can be in-kind services,
donated materials, and/or cash. Projects may include efforts like: establishing buffer zones along
lake and rivers; improving the supply or techniques for installing native aquatic plants for
restorations; developing educational materials; or measuring effects of riparian buffer strips.
To receive an application contact Kevin Bigalke at 65 l-296-2548 or
1,2002. Based on regional priorities, applicant program objectives and
funding availability, the most eligible projects will be developed into full proposals.
Organizations, lake associations, private citizens, and local governments are eligible. Grant
amounts will start at $10,000 and may exceed $50,000. A
Other Resources
Shoreland Habitat Grants
The DNR is requesting proposals for shoreline habitat improvement and restoration projects that
will take place in the year 2003. They are looking for large projects in which the DNR will aid in
planning. A preliminary application is to be completed and returned to your regional fisheries
office by November
LoonWatch Advisory Board
httn://www.mcf.org/mcf/mant/writing.htm
ODE to Fall
Once more our mirrored lake
Reflects the beauty so
We stand and watch
Can’t bear to see it go,
Breath-taking splendor
Work of nature ’s hand
Before the frosty silence
Takes the land.
The loon above the trees on parting wing
Will come again with signs
Of Northern spring.
Grace James, author of North to Open Water
Sigurd Olson
http://www.mcf.org;/mcf/grant/basics.htm
Writing a Successful Grant Proposal.
http://www.mcf.org/mcf/grant/beginners.htm
Other online grant resources:
Grantseeking Basics
12,2002
This popular seminar provides essential information for grantseekers interested in learning the
basics of grantwriting. It will feature a panel session with Minnesota grantmakers. For more
information, see
correspondance to Deb or John at Minnesota
Planning, Room 300 Centennial Building, 658 Cedar Street, St. Paul, MN 55155.”
Grantseeking for Beginners Seminar
December
sustainable.development@state.mn.us. Please send
Development Director, Minnesota Environmental Quality Board, at 65 l-297-2377 or
25,2002. The Resolution associated with this purchase (2002-299) requires that the
structure be demolished within 60 days following the closing of the property.In accordance
with this Resolution, the structure would need to be demolished or removed by October 30,
2002.
The fire department has been approached to assist with the demolition of this property.Due
to State permitting requirements relative to the destruction of acquired structures by fire, the
Department is requesting a 30-day extension to meet State and local requirements and to
allow the maximum training use of the structure.
Public Works Department Director Faulkner has sta ted that an extension on demolishing this
structure would not impact the re-alignment of the intersection located at Troy Lane and
County Road 47.The current paving project of Peony and Troy Lanes will include a
temporary connection to County Road 47, and the final alignment connection will be
scheduled for the next construction season.
ALTERNATIVES:Demolish the structure as required by Resolution 2002-299. The
fire department would not be able to assist with this project.
DISCUSSION: The fire department experiences great value in utilizing acquired structures
for fire/rescue training. The time required to apply for State permits, assuring that the site is safe,
notifying the neighborhood of Department training activities, and the planning and subsequent
safe execution of training activities requires a minimum of 20 days of lead time. Without
adequate time to apply for permits and plan, the Department is not able to utilize the acquired
structure.
sr-~:*l:crly
do so.
BACKGROUND:The property located at 6010 Troy Lane was purchased by the City
on June
TV ;Icmolition, but requires an extension until November 30.2002 !lxlib . . acsi::: I-
2,2002
1.
2.
3.
4.
ACTION REQUESTED: The fire department has been approached to assist with the
demolition of a City owned house located at 60 10 Troy Lane.The fire department is willing
to
Chie&&/
APPROVE EXTENSION ON DEMOLITION OF PROPERTY
LOCATED AT 6010 TROY LANE
DATE:October
iGJcp
TO:
FROM:
SUBJECT:
Dwight Johnson, City Manager
Richard C. Kline, Fire
Agenda Number:
30,2002, for the demolition of a City owned structure located at
60 10 Troy Lane.
An extension until November 30”’ would not have a negative impact upon on-going or scheduled
public work/engineering projects.
5. BUDGET IMPACT:Minimal.
6. RECOMMENDATION:Staff recommends that City Council authorize an
extension, until November
8,2002.
30,2002.
Adopted by the City Council on October
30,2002; and
WHEREAS, the Fire Department would like to assist with demolition of the property, but needs
additional time for acquiring necessary permits.
NOW THEREFORE, BE IT RESOLVED by the Plymouth City Council that Resolution 2002-
299 is hereby amended to provide for a revised demolition deadline of November
25,2002, the City Council adopted Resolution 2002-299 authorizing the
purchase of property at 6010 Troy Lane; and
WHEREAS, the resolution provided that the home at 6010 Troy Lane shall be demolished or
removed within 60 days after the date of closing on the property; and
WHEREAS, the current deadline for demolition is October
2002-
AMENDING RESOLUTION 2002-299 TO EXTEND DEADLINE
FOR DEMOLITION OF HOME AT 6010 TROY LANE
WHEREAS, on June
City of Plymouth
Resolution
future extension north of County Road 47; and
WHEREAS, the owner of the property at 6010 Troy Lane has approached the City in a voluntary
manner to sell his property to the City at a fair market value requiring no relocation assistance;
and
WHEREAS, appraisals have been completed estimating the fair market value with these
appraisals ranging from a low of $220,000 to a high of $275,000; and
WHEREAS, A City staff committee has reviewed all pertinent information regarding the
requested purchase of the property at 6010 Troy Lane.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PLYMOUTH, MINNESOTA:That the Mayor and City Manager are authorized to sign a
purchase agreement with Michael M. Stulberg and Linda R. Stulberg, owners of the property at
6010 Troy Lane at a purchase price of $240,000.
geometries of the Troy
Lane/County Road 47 intersection in the future which would impact the property at 6010 Troy
Lane regardless of a
Lawndale Lane in the City of
Maple Grove; and
WHEREAS, this approved Comprehensive Plan alignment for the City ’s future designated arterial
roadway impacts the property at 6010 Troy Lane; and
WHEREAS, it will be a desirable future project to improve the
Lawndale Lane near County Road 47; and
WHEREAS, after receiving public input from affected property owners, no alignment alternative
consensus was reached; and
WHEREAS, with the update of the City ’s Comprehensive Plan, it was determined that the
alignment alternative for Peony Lane would be Alignment Alternative 5 which most closely
followes the existing right-of-way along Peony Lane and Troy Lane with a horizontal curve south
of County Road 47, and following a diagonal route to connect with
Rockford Road along Peony
Lane and connecting to
SRF Consulting Group, Inc. to analyze alignment
alternatives for the future designated arterial roadway north of Old
CITY OF PLYMOUTH
RESOLUTION NO. 2002-299
AUTHORIZE PURCHASE OF PROPERTY AT
6010 TROY LANE FOR
FUTURE ROADWAY IMPROVEMENTS
CITY PROJECT NO. 1029
WHEREAS, In 1995 the City contracted with
N:\REFERENC\Council\Council_resolutionr\
BE IT FURTHER RESOLVED that staff is to realign Troy Lane to create a safer intersection
with County Road 47 as soon after closing of the property as is feasible.
Adopted by the City Council on June 25, 2002.
8,2002
1.
2.
3.
4.
5.
6.
ACTION REQUESTED: Following the public hearing, adopt the attached resolution
approving on-sale intoxicating and Sunday liquor licenses for Plymouth Jakes, Inc. d/b/a
Jake’s Sports Cafe, 3005 Harbor Lane.
BACKGROUND: The City has received an application for on-sale intoxicating and Sunday
liquor licenses from Plymouth Jakes, Inc. d/b/a Jake’s Sports Cafe, 3005 Harbor Lane.
Jake’s Sports Cafe was formerly licensed to Fun Foods, Ltd., d/b/a Mulligan’s. Notices have
been published and posted.
ALTERNATIVES: The Council could approve or deny the request.
DISCUSSION: All certificates of insurance have been provided. The Police Department has
conducted an investigation on the new application and has found no reason to recommend
denial of the license. The applicant will be participating in the City’s “Best Practices”
program.
BUDGET IMPACT: An investigation fee of $500 has been received. A pro-rated license fee
will be received prior to the issuance of the license.
RECOMMENDATION: Following the public hearing, adopt the attached resolution
approving on-sale and Sunday intoxicating liquor licenses for Plymouth Jakes, Inc. d/b/a
Jake’s Sports Cafe.
16,2002, for City Council Meeting of October
Caf&
September
d&/a
Jake’s Sports
Sandy Paulson, City Clerk, through Laurie Ahrens, Asst. City Manager
On-Sale Intoxicating Liquor Application of Plymouth Jakes, Inc.
I
TO:
FROM:
SUBJECT:
DATE:
Dwight D. Johnson, City Manager
Agenda Number:
8,2002.
1,
2003.
Approved by the City Council on October
9,2002, through January 3
2002-
APPROVING ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR
PLYMOUTH JAKES, INC. D/B/A JAKE ’S SPORTS CAFE,
3005 HARBOR LANE
WHEREAS, the City has received an application for an on-sale and Sunday liquor license from
Plymouth Jakes, Inc. d/b/a Jake’s Sports Cafe, and
WHEREAS, the Police Department has conducted an investigation and has found no reason to
recommend denial of the license; and
WHEREAS, the City Council conducted a public hearing and finds no reason to deny the
application;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Plymouth that
on-sale intoxicating and Sunday liquor licenses are hereby approved for Plymouth Jakes, Inc.
d/b/a Jake’s Sports Cafe, 3005 Harbor Lane, effective October
CITY OF PLYMOUTH
RESOLUTION NO.
8,2002.
Inc. d/b/a Jake’s Sports Cafe,
3005 Harbor Lane, for the following reasons:
1.
2.
3.
Adopted by the City Council on October
2002-
DENYING ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSES FOR
PLYMOUTH JAKES, INC. D/B/A JAKE ’S SPORTS CAFE,
3005 HARBOR LANE
WHEREAS, the City has received an application for an on-sale and Sunday liquor license from
Plymouth Jakes, Inc. d/h/a Jake’s Sports Cafe, 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
on-sale and Sunday liquor licenses be denied from Plymouth Jakes,
RESOLUTION NO.
www.ci.plymouth.mn.us1. @
MlNNESoTA 55447-1482 ??TELEPHONE (763) 509-5000
Live
3400 PLYMOUTH BOULEVARD ?PLYMOUTH,
51Place ‘BeautifulJ?
8,2002, at 7:00 p.m.
The hearing will be held in the Council Chambers of the Plymouth City Center, 3400 Plymouth
Boulevard.
All persons wishing to address the Council regarding this application will be heard at that time.
763-509-5080
Sandra R. Paulson, CMC
City Clerk
PLYMOUT H
P L Y MO U T H -
NOTICE OF PUBLIC HEARING
PLYMOUTH JAKES, INC. D/B/A JAKE ’S SPORTS CAFE,
3005 HARBOR LANE
NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the
on-sale intoxicating and Sunday liquor licenses from Plymouth Jakes, Inc. d/b/a Jake’s Sports
Cafe, 3005 Harbor Lane, on Tuesday, October
25THAVE3C.
AVFi27TH
TOUCHE PROPERTY TAX GROUP
PO BOX 811280
CHICAGO, IL 60681-1280
KHASHI ASSOCIATES LLC
3020 HARBOR LN N
PLYMOUTH, MN 55447
21-118-2241-0022
DELOITTE
21-118-2241-0020
21-118-22-41-0018
EDWARD C DREHER
RAMONA L DREHER
PO BOX969LIBERTYVILLE, IL 60048
111
PLYMOUTH, MN 55422
VINEWOOD LN N
21-118-2241-0015
PAUL J VINCENT
4190
IPLY&IOUTH MN 55447-*
c 14630 28TH AVE N
21-118-22-41-0014
PAKO FILM
STFRoNTs ;:
2i-118-22-41-0010
HAPPY CHEF SYSTEMS INC
MULLIGANS
3005 HARBOR LN N
PLYMOUTH, MN 55447
21-118-22-41-0005
J P
1000
DALLAS, TX 75201
21-118-22-41-0022
WHPX S REAL ESTATE LTD PRTNRSHP
100 CRESCENT CT
21-118-22-41-0018
MTRFA
730 2ND AVE S
MPLS, MN 55401
21-118-22-41-0018
ARBYSRESTAURANT
14420 28TH PLNPLYMOUTH, MN 55447
LlflNPLYMOUTHMN55447
MEDlCAiCTR
3007 HARBOR
h.,
ST LOUIS PARK
PKY
MALVERN, PA 19355
21-118-2241-0015
21-118-22-41-0014LIBERTYPROPERTY LTD PRTNRSHP
65 VALLEY STREAM
PLYMOUTH, MN 55447
21-118-2241-0010
J PAULSON
L PAULSON
14370 28TH PL N
GOLDEN VALLEY, MN
21-118-2241-0004
FERNBROOK OFFICE BLDG
3001 HARBOR LN N
TOUCHE PROPERTY TAX GROUP
PO BOX 811280
CHICAGO, IL 60681-1280
21-118-2241-0001
JOHN P MUCHULAS
3005 HARBOR LN N
PLYMOUTH, MN 55447
TOUCHE PROPERTY TAX GROUP
PO BOX811280CHICAGO, IL 60681-1280
21-118-22-14-0015
FOX MEADOWS OFFICE II
3030 HARBOR LN N
PLYMOUTH MN 55447
21-118-22-14-0015
DELOITTE
21-118-22-14-0008DELOITTE
PARKDALE DR # 100
MINNEAPOLIS, MN 55416
21-118-22-41-0020BELLOFFICEBLDG3020HARBORLNNPLYMOUTH, MN 55447
21-118-22-14-0015
WHPX S REAL ESTATE LTD PRTNRSHP
100 CRESCENT CT # 1000
DALLAS, TX 75201
21-118-22-41-!IO18
NEXT INVESTMENT LLP
5354
21-118-2241~018
MRT PROPERTIES INC
740 NORTH STARCTRMINNEAPOLISMN55402
21-118-22-41-0015
PLYMDOC ASSOCIATES
PO BOX710MINNEAPOLIS, MN 55440
21-118-22-41-0014
A M W PROPERTIES CORP
180 N LASALLE ST # 3200
CHICAGO IL 60601
21-118-2241-0004
KRJ HARBOR PARTNERS LLP
3001 HARBOR LN N
PLYMOUTH, MN 55447
21-118-22-41-0005
JOHN P MUCHULAS
3005 HARBOR LN N
PLYMOUTH, MN 55447
4-0008
RSOC ASSOCIATES LIMITED PARTNERSHIP
1500 HIGHWAY 100 S # 245
GOLDEN VALLEY, MN 55427
21-118-22-14-0015RSOCASSOCIATES LIMITED PARTNERSHIP
1500 HIGHWAY 100 S # 245
GOLDEN VALLEY, MN 55427
1000 3131 FERNBROOK LN N
DALLAS, TX 75201 PLYMOUTH MN 55447
21-I 18-22-l
21-i 18-22-l 4-0008WHPXSREALESTATELTDPRTNRSHPFOXMEADOWSOFFICE I
100 CRESCENT CT
4-000821-I 18-22-l
18-22-32-0019
HOLIDAY STATIONSTORE
3020 FERNBROOK LNNPLYMOUTH, MN 55447
80TH ST W
BLOOMINGTON, MN 55437
22-I
18-22-32-0019HOLIDAYSTATIONSTORES INC
4567
2595 HARBOR LN N
PLYMOUTH, MN 55447
22-l
18-22-32-0015CHILDRENSWORLD
3050 FERNBROOK LNNPLYMOUTHMN55447
22-l 18-22-32-0018PLYMOUTHTIREAND AUTO CTR
NORWEST BANK
3000 FERNBROOK LN N
PLYMOUTH MN 55447
22-l
I&22-32-001 4
22-118-22-23-0014
SANDMAN MOTELS LLC
6110 BLUE CIRCLE DR # 237
MINNETONKA, MN 55343
22-l 18-22-32-0010
REAL ESTATE TAX SERVICE INC
125 WACKER DR S # 3020
CHICAGO, IL 60606
22-l
21-118-22-41-0030
GOLDRIDGE GROUP INC
2265 EASTBRIDGE CTR
EAU CLAIRE. WI 54701
18-2241-0025UDOCARWASH
14440 28TH PLNPLYMOUTH, MN 55447
IAKEVILLE, MN 55044
21-I
10101234TH ST E
18-22-41-0024
7 S HOLDING COMPANY
80TH ST
POBOX1224
MINNEAPOLIS, MN 55440
22-118-22-32-0019HIENTERPRISES INC
2995 HARBOR LN N
PLYMOUTH, MN 55447
21-I
18-22-32-0015 22-l 18-22-32-0018
CHILDRENS WORLD LEARNING CTR H I ENTERPRISES INC
573 PARK POINT DR 2995 HARBOR LN N
GOLDEN, CO 80401 PLYMOUTH, MN 55447
22-118-22-32-0019LYNDALETERMINAL CO
4567 W
18-22-32-9015RICPROPERTIES LTD
220 W CRESTSTESCONDIDO, CA 92025-0172
22-l
NORWEST PROPERTIES
2329 CENTRAL AVENEMPLS, MN 55418
22-l
BANKWEST
3000 FERNBROOK LN N
PLYMOUTH MN 55447
22-l 18-22-32-0014
TOUCHE PROPERTY TAX GROUP
PO BOX811280
CHICAGO, IL 60681-1280
22-118-22-32-0014
NW NATLDELOITTE
22-118-22-32-0010
22-118-22-32-0010
DAYS INN
2945 EMPIRE LNNPLYMOUTH, MN 55447
18-22-32~010
CRI HOTEL INCOME PRTNRSHP LP
100 N RIVERSIDE # 1440
CHICAGO, IL 60606
22-118-22-23-0013
J J PROPERTIES LLP
17935 39TH PLNPLYMOUTH, MN 55446
22-l
GREENWAYGABLESMPLS, MN 55403
WOODDALE AVE
ST LOUIS PARK, MN 55419-5191
22-118-22-23-0013
PLYMOUTH FREEWAY CENTER
20
21-118-2241-0029
HARBOR PLACE LLP
3601
21-118-2241-0025
NEW MILLENNIUM CAPITAL CORPORATION
13033 RIDGEDALE DR #136
MINNETONKA, MN 55305
21-118-22-41-0025UDOCARWASHOF PLYMOUTH
6311 WAYZATA BLVD # 210
ST LOUIS PK, MN 55416
21-118-22-41-0024
BURGER KING
14430 28TH PL N
PLYMOUTH MN 55447
21-118-22-41-9022
RSOC ASSOCIATES LIMITED PARTNERSHIP FOX MEADOWS OFFICE IV
1500 HIGHWAY 100 S # 245 3025 HARBOR LN N
GOLDEN VALLEY, MN 55427 PLYMOUTH MN 55447
21-118-22-41-0022
dot101DevelopmentWL~STAFFREP\CCV002\ApproveSal~f_4OZOCo.RdN:\Community
@ 4020 CO. RD. 101
ASSOCIATED WITH THE COUNTY ROAD 101 IMPROVEMENT PROJECT
COUNTY PROJECT NO. 8911
CITY PROJECT NO. 9005
ACTION REQUESTED: Make a motion to adopt the attached resolution accepting the Purchase
Agreement for City-owned property at 4020 County Road 101, and authorize the Mayor and City
Manager to sign this Purchase Agreement.
BACKGROUND: This property is the last of the seven homes being resold (eight purchased) that
the City purchased in the agreement with Hennepin County associated with the County Road 101
Project. This property was purchased from Cynthia Mills for $186,000 in September 200 1.
This home is over 100 years old; the foundation and additions are somewhat newer. The home is in
poor condition and requires substantial work to meet basic code requirements, including a new
furnace, roof, plumbing and electrical work. The basement flooded this summer, which required
that the City demolish finished areas in the basement and install new sump pumps. There are still
drainage and foundation problems. The lath-and-plaster ceilings need substantial repairs to meet
code. The home suffers from functional obsolescence, including substandard stairways and a poor
floorplan. With the construction of Hwy 101, the front door will approximately 15 feet from the
trail. The detached garage is also in need of repairs. Attached are copies of inspection reports
prepared by Housing Inspector Warren Kulesa (dated October 1, 2001) and Building Official Joe
Ryan, which provide further detail on the condition of the property.
Due to the age and poor condition of this house, the staff committee ’s recommendation was to sell
this property “as is” to a licensed contractor only, and require plans and specs for rehabbing this
structure including code violation corrections, prior to occupancy. (Having once unsuccessfully
attempted to interest rehab contractors in the property, sale to a contractor who would demolish the
existing structure was also considered a possibility.) In addition, a stipulation was included
requiring that the access to the property be relocated from County Road 101 to the adjacent city
DISPOSITION OF CITY OWNED PROPERTY
U
Anne W. Hurlburt, Director of Community Development
J’
SUBJECT:
Daniel L. Faulkner, P.E. Director of Public Works
82002.
TO:
FROM:
Dwight D. Johnson, City Manager
4,2002 for the City Council Meeting of Tuesday, October
Agenda Number:
DATE:October
dot101RdN:\CommunityDevelopmentWLAMSTAFFREP\CCVOOnApprov~S~le~f_4020Co
8394. This purchase agreement made no statement to
whether the current structure would be renovated or if a new structure would be built. The
Kreps have made an offer of $115,000 for this property. Mr. Cook is
owner of Cook Construction, License
Linda
134-155), the request for immediate
possession, and the arbitration provisions.He would also recommend adding language to
clarify that the City would not be responsible for any repairs or corrections that would be
required by the FHA financing. A contingency prohibiting occupancy until code violations
were corrected would also be needed.
Kevin Cook
Lakewood Mortgage has
pre-approved Ms. Favre’s loan of $18 1,000 contingent upon an appraisal of $184,900.The
City Attorney has reviewed this offer. Some provisions of this purchase agreement would
need significant changes, including disclosures (lines
furnace and roof)
but not all of the repairs needed (the foundation or the plaster, for example.) Because the
purchase is proposed to be financed through an FHA mortgage, it is likely that at least some
level of lead-based paint abatement will be necessary, adding several thousand dollars to the
repairs.The cost to address this or other issues that may be identified through an FHA
inspection were not included in the estimate.Ms. Favre is also requesting the City pay
5,000 in discount points or other closing costs on the mortgage.
3481, with the purchase offer. It appears to staff that
all necessary repairs and code corrections are not included. The estimate of $39,960 from
Raskob Construction appears to address many of the basic items (such as
RMF-2), with only approval of a building permit
required. The water and sanitary sewer services that are stubbed to the lot will serve either 1
or 2 units. The City Attorney has reviewed the proposed purchase agreement and found it
to be in order. The Attorney recommended an additional contingency to require that the
existing structures be removed and properly disposed of by a date certain, and that no
occupancy of the existing structure be permitted.ICC has indicated their willingness to
accept such a contingency.
Debra Favre submitted an offer of $145,000 with the intent to purchase and renovate this
home through the FHA 203(K) program, which promotes the preservation of existing
housing stock. Ms. Favre is not a licensed contractor; therefore the requirements of the
listing agreement are not met. Instead, she has submitted a “Sworn Construction Statement”
from Raskob Construction, License
twinhome on the lot. The lot will accommodate a one or two-family structure within
the requirements of the existing zoning
two-
family
BC-
20159642. ICC’s purchase agreement is contingent upon the city ’s approval of the buyers ’
plan to tear down the existing structures on the property and build a single family or
a Ilya Epshteyn and Sorgey Kenigsberg have presented a cash offer of $129,900, which is the
listing price. Mr. Epshteyn is owner of Ilya Construction Company, (ICC), License
40th Avenue. With these conditions, our real estate agent recommended a listing price of
129,900 with a 3.9% commission fee.
Council approved the listing agreement on September 9, 2002 by resolution 2002-413 to list this
property on the MLS from September 11, 2002 through December 11, 2002. On Thursday,
September 26, 2002 the staff committee met to review three offers that Bedrock Real Estate, the
City’s real estate agent had received. The offers are as follows:
@ 4020 CO. RD. 101
Page 2
street,
SUBJECT:DISPOSITION OF CITY OWNED PROPERTY
dot101Development\PLAN\STAFFREP\CCV002\Approve \Community
Map
N
28,2002)
Hurlburt
Director of Community Development
Attachments: Resolution
Purchase agreements
Inspection Report, Warren Kulesa (October 1,200 1)
Inspection Report, Joe Ryan (August
D&-Gel L. Faulkner, P.E.
Director of Public Works
Anne W.
@ 4020 CO. RD. 101
Page 3
City Attorney also reviewed this offer and found that changes would be needed, including
removal of the arbitration provisions and clarification of the intended use of the property.
Appropriate conditions relating to either the rehab or demolition of the structures would
need to be added. One of the parties (Cook) has not signed the purchase offer.
RECOMMENDATIONS AND CONCLUSIONS: Unless a superior offer is presented to the
Council prior to a decision at the October 8 meeting, it is the committees ’ recommendation that the
City sign the purchase agreement with Ilya Construction Company for the cash sale of the property
located at 4020 County Road 101 for $129,900. The offer best meets the conditions of the listing
resolution 2002-413, and the proposed one or two-family structure will meet the City ’s zoning
requirements and be compatible with the surrounding homes.
The bid submitted by Debra Favre does not meet the listing requirement that the property only be
sold to a licensed contractor. Selling the property to Ms. Favre would require amending the listing
agreement with Bedrock Real Estate and the Council resolution approving it. Furthermore, the
repairs proposed by Ms. Favre appear to be inadequate and may not fully address other potential
costs of selling this home to a purchaser using FHA financing. To bring this home up to a good
level of repair and address its functional obsolescence may not be feasible. Removal of the
structure, as proposed by Ilya Construction, is probably the best solution. Furthermore, selling the
home to an owner-occupant, who may or may not be equipped to deal with the problems of this
structure, may create issues for the City that offset the maximum difference in the net sale price
about $10,000).
If it is the Council ’s decision not to accept the offer of Ilya Construction Company at this time and
accept one of the other offers, staff recommends that the matter be tabled to a future meeting with
direction to staff on making a counter offer to incorporate needed changes in the purchase
agreement.
SUBJECT:DISPOSITION OF CITY OWNED PROPERTY
Development\PLAN\STAFFREP\RES\2002\AuthPurchAgr~_402~R101_10_8_~.d~N:\Community
@ 4020 COUNTY ROAD 101
COUNTY ROAD 101 IMPROVEMENTS
COUNTY PROJECT NO. 8911
CITY PROJECT NO. 9005
WHEREAS, the City Council approved Resolution 2002-413, to list the subject property
with Bedrock Real Estate for $129,900; and
WHEREAS, Ilya Construction Company has met the conditions set forth by City Council
in Resolution 2002413; and
WHEREAS, Ilya Construction Company has agreed to purchase the property for the listed
price of $129,900; and
WHEREAS, Ilya Construction Company has agreed to remove the current structure and
build either a single family home or twin-home on the site;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PLYMOUTH, MINNESOTA: That the purchase agreement between the City
and the property owner at 4020 County Road 101 is approved and the Mayor and City
Manager are authorized to sign the agreement on behalf of the City.
Adopted by the City Council on October 8, 2002.
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS.
The undersigned, being the duly qualified and appointed City Clerk of the City of
Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a
meeting of the Plymouth City Council on with the original
thereof on file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the City this
day of
City Clerk
APPROVAL OF PURCHASE AGREEMENT FOR
CITY OWNED PROPERTY
CITY OF PLYMOUTH
RESOLUTION NO. 2002
p/OY)MN:PA_T
to Buyer.money paid hereunder shall be refundedallearnestPurchaseAgreemenland
cancallatlonOfsignaimmedialelyahellpartleevoid; thethisPurchaseAgreementnullanddoclareeltherpartymayagreemanl. su?h
the absenceofIna~osss. suohpaymenlofprovideforthewrltlngonorbeforethedaleofclosingloassume, pay orpaj?y may agree in
theneither10g.M~SaxcaadraquiradbyBuyer’s lender shallasspecialassessmentsPsemwamountsforsaid
special assessment8
or
assessmania. If suchspecialfOTHER :of any suchKDKEcldaine
provide for payment on dateofahall -OTHER:of any such special assessments, and Seller
dale of thls Agreement and on or before the date of closing, Buyer shall assume payment of
ALL
IheeppciajassessmentIsIssuedafter
pendlngnollceofaimmedlalely. IfprovidedtoBuyerwlflbeAgreementandbeforeclosingreceivedbySellerafterthedateofthis
notleeiheproperly. Any suchproJectmaybeassessedagainstcostsofwhichauthorltles, thefromanyassessing
now Improvement
project
Agraemenl. Seller represents that Seller HAS received a notice regarding anyIhls
provldsd.
As of the date of
otharwlsehereinwhichIsnotthereafror, the payment ofoloeingandasaeaamenlspayableIntheyearfollowingspecialunpaid
aasessmenls. or lass as required by Buyer ’s lender.)
Buyer shall pay any
iheestlmaiedamountofiheescrowoftwo (2) limespaymeniinto
auihorlilss. (Seller ’s provision for payment shall bebyimprovemenisthathavebeenorderedbyanyassessingfor
Agreemenlihedaleofthls
assessmems levied as of the dale of Ihls Agreement.
assessments pendlng as of
I
In the year of closing.
ow ------_l&CLOSINQ- ------ -BWYEA AND SELLER SHALL PRORATE AS OF THE DATE OF
lhis sale.paymenl of which is required as a result of the closing ofagsessmems,
tenanolaa):losubjact
speclfled, notIbllowa (unlessI- tenant8ofRlghto (12) exlstlng Improvements; which do nor interfere with
Utilfty and
drainage easements
provlslons; (C) Reservation of any mineral rlghts by the Slate of Minnesota; (D) ploperty without affective forfeiture
theuseorimprovementOflorelatingregularione; (6) Restrictionsordlnances. stale and federalzoninglaws,
pml__.-----_--__.-_...-_-_
A) Building and
iltle, subject to:eny. conveying marketablejolnsdInbyspouse. If
WanamyDeedGeneralOther. Seller shall deliver a Warranty Deed orDEEDIMARKETASLETnLE; Upon performance by Buyer,
altached addendum.)19, seeanswerisioanInspectionAddendum. (IfubjeclThlaPurchaseAgreementBfyer’s expense.
aIlnapectionperformedhaveapropertyo __,%$%$&stratainspectlons. Buyeravallabiliiyofpropertytha
Agraamanr date d
Buyer has been made aware of
PurohasepravlouelywrittencancallallonofaloUbJeetAgreements
la applicable.)
This Purchase
finanolngfinancing, IfobiainabililytoBuyefaaffsetstillBuyedproperty, if any, mayclosingofisISNOT, theanswer (11
sddsndum-)IS. see attachedE (If answerpropony. Buy&sContlngeneyAddendumforsaleofub]eci to aml- h is Purchase AgreementISI ---_~,-__.--_“._~___~--,
m/ &,g --------_----_Otha~___.._Purcb~eYony~eConawttwDeedAaamptknnvontknalMADVA
atiachsd addendum:wlih theflnanclngInaccordance ..-by
October’l72
4
cash on
N/A$ balanc; of
closing.and
t e
the dale of128MQ.00gar$d
M3n.O0fofknvlngmanner; Earnest money of $1whichBuyeragreeslopayInthe
Dollara__._ -_.-_..____._. . . . . . . . . _ . . . . . .____... Ihoussnd and ninehundredtwegebe )One hundred _..($
129,900.06aelftoBuyerforsumof: loagreeda(1 of which properly Seller has thls day
haatllators: AND: thefollowingpersonalproperty:
fireplace screens, doors andmirrors; garage door openers and all controls; smoke detectors; oarpalIng: ATACHED
mlcrowave ovens, hood fans, Intercoms;
N jacksandwiring; BUILT-INS dlshwashera. garbage disposals, trash compactors. ovens, cook lop stoves.
amanna. cableielavlslonSsller). sump pump; attachedIheproperlyofcommla (ifhumldlfleranddehumidifier, liquid gas tank and
bull+InFtE~~+D~~ONE.
equip: used in
WNE I
hered:
aoftenefllrer. waterequipment. electronic airbuill-in air condltlonlnglhsrswlth).
sto
connection
wllh any burners, tanks, flxlures, waler heater, healing plantsplumbing
wlndow shades, blinds, traverse and curtain and drapery rods; attached lighting
fixtures and bulbs;
screens and awnings; tipss; storm sash. storm doors,
said properly: garden bulbs, plants, shrubs, and
22
Including rhe following properly, If any, owned by Seller and used and located on
11518UnPfaWd
1”
gaily deecrlbed as:
Minnesota.Stale of __._-.., of_&nnepin_-’County
L’
Plvmoulh
101 North
city Of
Counly RoadtreetAddress: 4020i
loeeled at:earnssl money is part payment for the purchase of the propertyatcapkdbySeller. Said &torment I D not
PurchaseBuy-r I? br returned toIlotlngbrokerbuttoetrecounttrustafter ? ??erptmncm. In thednyburlnersthirdbjaforathe
parUe-. onorrllvaa)--_-by1ABrwmntPunzhaiiaeapanaaotdrpaslteduponbaumwtmoneytoamwCASHINOTE +
3 1.000.00ofOnethousandDollarssumthe
etiti*ti& .‘V=i& QI
6.c ~~krue& rdsOaI*Eorhtrvnlive9~
PaQeief4
R ECEIVE D
002
2.
Edine. MN
1.Date
REALTORS@. Assoclatlon of@2001, Minnesota
brie form.ofmisuseoutofuseorarlslng
dlsdalms any liabilityAssoclerlon of
REALTOR-. which
approved by the Minnesotaform
60.
PURCHASE AGREEMENTThis
68.
5s.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
47.
42.
43.
44.
38.
40.
36.
37.
38.
32.
33.
34.
35.
39.
30.
31.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
16.
17.
18.
16.
13.
14.
9.
IO
11.
12.
8.
P3
3.
4.
5.
6.
7.
09:16fWAPPRQISRLS/BEDROCK PHONE NO.: 763475933 9 Sep.27 2002FROM :GRIFFITH
8101)MN:PA-2
of
PURCHASEAGREEMEN T
61. Page 2
rign? ouch81% months afterwl:hinaCtIOnmustbecommencedsuch ,
action arises.
sPsc1fic performancethisAgreemen?: and, as to
ai this Agreement or apeciflc performance ofeCtu8.l damages for breach8eekmayauYerorSellerterminatedl
8oPurCh;rQQ Agreement is no? 1iquidated damages. If thismayberetainedbySellerRShereundermadePayments
terminare this Purchase Agreement, andS8llermayhsreln, any of the agreementsindefaultsBuYarIfDEFAULT:
brok&o office.ot the listingm=dobeehallmonie.sallpapersanddoliveryofThewri+Cl.
inSelleraoceptancebyPurchasaAgreementissubjecttothafthisBuyerunderstandsandagreesACCEPTANCE:
outlay a? closing.cashorincreasetherhesaleCostswhichmayeffectivelyreducetheproceedsfromclosingcertainPaYrequiredto
maybesellerBuyeroragrsamenr. tir purposes of thiseumsaredeemedtobeUnitedStatescurrencymonetaryAl1Buyer. andSel’er
bYeign& ten be modified only in writingAgreumentSellerandBuyer. This Purchasebc?wesnagreamsntsor81
oihar writtenorsuPercedeanySellerandBuyer. andbotwesmtt?n entire agreementshallconstitutebYtheParties,
exhibirs and any addenda or amendmentssignedAQREEMENT: This Purchase Agreement,any attachedENTIRE
Agreement.In this Purchasees8enceES6ENCE: Time is of theTIMEOF
a&
115.
f1.
112.
113.
1
110.
111.
I 09.
108.
103.cancellation of Purchase Agreement.
104.
105.
106.
107.
Se!ler shall immediately signaBuyer’s option. and earnest money shall be refunded to Buyer; Buyer andVoid. at
tha closing date. this Purchase Agreement shall become null
102.and
Property is destroyed or substantially damaged before101.
lo88 shall be on Seller. IftheQod. rhe risk of100.any reason including fire. vandalism, flood. earthquake or act of
closing, fordatehereofandthedateofbe?ween theardamagetothepropertylossthereisanyRl8KOFLOSS: If
hareln.
99.
tokIePQGtiOm3agreedsurveysorPerformanceofanyaccesstotheproperlyforrsasonableSelleragreestoallow98.
notltes received by Seller will be provided to Buyer immediately.
he covenants. Any
97. such
received any notice from any persan or authority as to a breach of98.warrants that Seller has not
SellerrestrictiveCovenants. regulation. If the property is subject toorlaw, ordinance
Cond8mnatlon
95.Proceedings, violation of any
toau?hori?y 3sgovnrnmen~nlSffl1erwarrantsthatSellerhasnotreceivedanynoticefromany
properry.
94.
improv+sment to thest~cture on or93.alteration or repair of any
cOnn8CtiOn with construction.tools furnished within the 120 days immediately preceding the closing in
he closing, payment in full will have been made for all labor, materials, machinery,
92.fixtures Or
tawarranfstha? priorSsIler91.
contrac? for dead.90.the deed or
deliveryofGUrVlVathewerrantlesshallofwny. TheserlghlacoesstothepropertyfromapublicrightofaThereis
warrants
89 .that
Sellerproperly. fheline8ofbuildingsareorwillbeconstructedentirelywithintheboundary
warrants
8%.that the
o~oslng. Sellerrhedateofofrecordingasb8approvedforrealpropertytobeconveyedhasbeenorwillth8
ha legal description of
87 .
warrantssubdlvlsionexpensesandobtainallnecessarygovernmentalapprovals. Seller88.all
8ha1lpaySellerSelier. subdlviejofl of land owned byeans?ilc?es or requiresaIhlSsaleIFOFLAND: SlJSDIYISION
of Purchase
64 .Agreement.
85 .
canCall8’tiOneignaImlnedl8:elYshallSelierBuyer; Buyer and63.and earnest money shall be refunded to
Othertnet0darTlag8shereunderbQliableforparryshall
Party
82. may declare this Purchase Agraement null and void:neither
eitherSUEbextension. closing date. Lacking8f.Buyer and Seller may by mutual agreement further extend the
addltlon to the 30 day extension.noriee to the Seller.InUefec?8 by written ?itle ?he alternative, Buyer may waive
In
80.
or. day8 to make title marketableclosing, Seller shall have an additional 30ofdale (hori?le by
not
79 .provided marketable
Sallar hasMYQn? theLnoloeing. cftitlabythedateSel\er’s best efforts to provide marketableahalluseSe\ler
fee.
78 .
the title Insurance premium and examination
Attornws
77 .Opinion or
theeithsrforoption. PaytheRPAorcommitment. Buyer shall. at buyer’s
only
76.those costs necessary to prepare
option. eitherPay. Underto
ALTA form issued by
75.an Insurer licensed to write title insurance in Minnesota. Seller shall be responsible
currentinsUranceonacommitmentforanowner ’s policy of titlecertifiedtodatr: or (2) a
Abs?ract
74.(RPA)
ProPartYRegIstered (1) aoptlonandrequest, eitherSellershallprovide, at Buyer ’sTorranr. lepropertyII
Buyer at closing.
73.
conirol to
in
72. Seller’s possession or
any abstractshaltsurrenderpayforallabstractingfees. Seller
eertlfied to date.
71.If Seller choosee to update an abstract, Seller shall
tl?te70.shall pay the premium and the title examinaflon fee for the lender ’s policy): or (2) an abstract of
policy if a lender ’s policy is obtained. (Buyerown8rsissuedeastofobtainingasimultaneouslyadditiona{ onty the
I-I-J lender ’s policy is obtained; or
69.
Iflneurancepolicylorsuchtitletitleatevidenceexaminationfeeandthecostsof68.
titleabstrac? of title. Seller shall pay the entire premlum, rather than update an
en
67.owner’s policy of title Insurance
Minnesota. If the Seller chooses to provideinwrlretitleinsurancelicensedtoissuedbyaninsurerALTAform66.,
title insurance on acurrentownar’s policy ofSellershallprovide: (1) a commitment for anabetract, ImIfproperty
itle service Provider. as follows:
65.
Ilena.
64.and levied and pending Special Assessments to Buyer or Buyer ’s designsted
otots and federal judgments an0cavsrirrgbankruptcies.sear&eswhichshallincludeproper
after acceptance of this Agreement, Seller shall provide
63.evidence of title.
Wilh\n a reasonable timeAEXAMINATION:TITLE82.
02
P3
PAGE
05:36PM
IE’S
Sep.19 2002
PROPEF:T .JEM
763475933 9
753fipE;9537
PHONE NO.
2723.: ;:;:'"@oTI0’3*‘:
APPRFiISALS/BEDROCK:GRIFFITHFR@M
9IOi )MN:PA-3
anMo?lon.?hIssalespsrsonstoactasdualagentsin
inatruotBrexplanarionaboand
salesper themechanicsWiththeknowledgeandunderstandingofthe
trlment of the(
3) within the limits of dual agency, Broker and its
2) Broker and its salespersons will not representtheBuyer(s) instructs Broker in writing informationwillunlessSeller(S) or
mnfidenremain (1) confidential information communicated to Broker which regards price, terms,or motivation to buy or sell willthitransactionwithouttheconsentofbothSeller(s) and Buyer(s). Seller(s) and Buyer(s) acknowledge tha?:
agent in -not act es a dualprohibifedfromadvocatingexclusivelyforeitherparty. Brokerinterests. Broker and its salespersons are
COnfkXinpanlesmayhaveIhaIBrokeranditssalespersonsowefiduciarydutiestobothSeller(s) and Buyer(s). Because the
creafes a dual agency. ThimeanstheBuyer(s) of the property involved in this transaction, whichrepresenrsboththeSeller(s) and
166-178.
Broker
the disclosure in linesm=apply in this transaction. Completerepre8=entationAgency0Dual
177.
176.
195.
66.
167.
168.
169.170.
171.
172.
173.
174.
165-178.
165.
ddEgmrapply in this transaction. Disregard linesrapresantationmDualAgency
BELECllONS
164.
FOLLOWIND -OFTtiEPLEABECHECK
AOENCV REPRESENTATIO N
163.
DUIL
SA-Fy
162.
NOTlCExNOT1st.THIS
56. JEM Properties?
Shkolnikov157. Victor
MlJNlCIPAUTY.
156.
BYREPORTB, IF REQUIREDINSPECllONRECEIVEDTHE
ByCWSEDDAMAGE
ECEIVED A SELLER ’S PROPE
REGARDING POSSIBLE PROBLEMS
OF THE PROPERTY AND BUYER REL
G
152.SOLELY IN-l-HAT REGARD
REdARDlNdTnlE P
150.BUYERACKNOWLEDGES151. WATER IN BASEMENT, OR
140.
a._.-.--.26022U?q ALL, NONE real estate taxes due and payable in the year
I.&~002Seotember
PI-N118. Page3 Date
107 North. Countv Road4020
8uyer shall pa
117.Address
ATEMENTTwIT NO SE
PURCHASE AGREEMEN T
EMENT OR ASTATEMENTA
QWER
137.
138.
139.
140.
141.
AQREEMENT OR BY
REOUI
CHASE
DU4LllVTBT RESULTS IFWXIER -DE
vtzs
TO
LPIawsEmRCONNECTEDTO: DIRECTLYPF40~i3117 IsniATmEl%
135.
136.
1.II_..--
pcssession date.
131.
132.
133.
ENVIRONMENTAL CONCERNS: To the best af the Seller ’s knowledge there are no hazardous substances. or undergroundstoragetanks, except herein noted;
PROPEF?lY NOT INCLUDED HEREIN from the property by130.
to remove ALL DEBRIS AND ALLPERSONALbeproratedbetweenthepartiesasofdateofclosing. Seller agreesnaNtatgasshall129.
elec?&ity, and8ewer. olcywater, mnts. fuel oil. liquid petroleum gas and all charges for cityassociariondues. 126.
after closing.
All interest, homeowner _____...__,....
immediatelyposse&on of the property no? later thanPOBBESSY)N: Seller shall deliver
amount of subsequent real estate tares.
127.
represenrations are made concerning theno? otherwise herein provided. No
at whichisfollcwlngclosingandthereafter, the paymentyear
batance of non-homestead taxes when theybecomedueandpayable. Buyer shall pay real estate taxes due and payable in the
to pay any remaining
N/A
toward the non-homestead real estate taxes. Buyer agrees
a#&++_
Seller agrees to pay Buyer a? closing
dmld.dumtiar? I SnotiomeetidpsrtorIfPAAT-NON- homestead classification. 202will be FUL
taxas dueandpayableIntheyear
astate taxes paid shall, if prorated, be adjusted to the new closing date. Seller warrants
124.l125.
126.
closing date is changed, the mat
09:18F1M P 5
119.
120.
121.
122.
123.
763475933 9 Sep.27 2002nPPRRISQLS/BEDROCK PHONE NO.:GRIFFITHFROM
SVOI)
FROFESSIONAL.
MN:PA-4
APFROPRUTBAN -RDuLTADVICE. WE LEGAL OR TAX ‘*OU
BEIWEEN BUYERS AND SELLERS.
IF
CONTRACTBlNDlNG18ALEGALLYMIS
FlNAL ACCEPTANCE DATE
SreWS)(MSrlreloptIonal)(Sosiel Security Number - Stetus)(Memel
NLme)
X
Pdn?s# (Euyefs
S.-JX
optional)Securky Number (Social
X
Seller’s Printed Name)
X
Seller’s Signature)
September 18.200 X ..-..._ ____
Ststus)
X
optional)(MaritalsecurityNumber (Socisl
X-
204.
2O3.
202.
2OO.
201.
1%.
Printed Name)
1%.
Buyerk
llya Epshteyn
Name)
X
Dam)
197.X
Seller’s Printed
le.2002ASeptemberf&i&&
Sfgndure)(Buy&e (Da-1
i&.&L
SIgnmum)
X1%. X
Seller’s
yruml?L .Puntimsamlsafwgseravtewsdallhaus
Agmement.
195.I
Purchsssthispsgesofh8vsrsvlswsdallwrltlng.IothnrwaoInln8tructedunleuma-. *e
forlh ? ??bovs.
194.
sondltlons set *mu endtkwithe~~IhIl~ngbmksrmwiUbdmwnldpOpvtr~m93.I
and In ??ssatdsnsspaasthspmrtyforpurchsssths ?esgreeLmsovmudtk_.umptullsAgmwmntMd I182.
lncludlng addenda. on line 2 of page 1.)
hls Purchase
191.Agreemem.
to?al number of pager ofAgreemsnt. (EnterperlofthiePurchasemadeswhlcnareYGOAttachedareotheraddends
189.
1%.
IoK_ home on the %-family -Win187.-fWO
51nyandbuildapope.._._._- __--.c_-- thes?ruc~ures onexistingdownMefotearcl#s approval of buyer% planCOMlngenlupon1%.This ??BmWf!ent I S
I.SELLEm- _ . . 183.
APREENEKT.ARmATlOKPROFERWREALRESPDERllAL182.
OISCCOSURE ANDOPPORTUNITVTOREVIEWMADTHEYe?.I ACKNOWLEDGE THAT I HAVE RECEIVED AN0
n
Plyffputh MN
180. Page 4 Date:
CounlV Road 101 North. 4020
09:19QM P 6
PURCHASE AGREEMENT179. Address
763475933 9 Sep.27 2002QPPRQISQLS/BEDROCK PHONE NO.:GRIFFITHFROM
g/00)
MCE. CONSULT AN APPROPRIATE PROFESSIONAL.
MN:BPAIA
ORTAXIFYPUDESIRELEGAL
DaW
19.THIS IS A LEGALLY BINDING CONTRACT EEN BUYERS AND SELLERS.
20.
seller)
Date)
18.
is understood the Buyer accept8 the property ‘AS IS. ’ ANY WARRANTIES OF
13. PHYSICAL CONDITION OF THE PROPERTY CONTAINED IN THIS PURCHASE AGREEMENT ARE
14. VOID. The Seller has no further responsibility or liability with respect to the condition of the Property. This
15. provision shall survive delivery of the deed or contract for deed.
16. OTHER:
17.
Seller)
ItSEl7LEMENTISFINAL:
right and duty to inspect the property or to
9.have them inspected by a person of Buyer’s choice, at Buyer ’s expense.Buyer shall have the right to make
10. a pre-closing inspection of the property, to determine that the property is in the same condition as Of the date
11. of this addendum.
12.
AS IS.”
8. RIGHT AND DUTY OF INSPECTION; Buyer shall have the
6. CONDITION OF PROPERTY: The property being purchased by Buyer, including the dwelling, other
7.improvements, fixtures, appliances and personal property, is not new, and Is being purchased
Plvmouth MN
pertaining to the
5.
02
4.purchase and sale of the property at 4020 County Road 101 North,
2018
Date September 18. 2002
2. Page 5
3. Addendum to Purchase Agreement between parties dated September
q
Assoclatlon of REALTORS@. Edina, MNMlnnesota &X)OCI.
form.thismisuseofarlslngoutofuseor
llabllltydkleimeenywhich
ASsocIallon of
REALTORS%
MlnnesoreapprovedbythefiwmThis
20AM P7
BUYER PURCHASIN G
AS IS” ADDENDUM
763475933 9 Sep.27 2002 09: QPPRAISRLSABEDROCK PHONE NO.:GRIFFITHFROM
0-W)(S.hfJ ._
tS#iQ”_,..
I__--
2--.---.____ . . . .
I
thefromaareementshallbedeletedDUrChaSeDaQeofthe155ofthethirdMrauahLines134
MNPlvmouth101. Cauntv Road &QZ!‘batpropertyofthe
tha purchase
and sate
2o_!?L._pertaining to , 8Saptember
27.3003
2. Page 1
Addendum to Purchase Agreement between parties dated
SeDtemberf.Date
Edlna. MNASSotlstlonofREALTORS ’S, Minnesota &WOO.
iwm.thkmieueeOforuseOutOfer1e)ng
dlsdahs anyliabilityREALTORS=, which
ofAsSocisdonMlnnnsOtainsspprorsdbyarmTh,e
AGREE .MENT
l-G
PURCHASE
Bl
ADDENDUM
Pal!~lE
32QM P 3
PRWERTIES
Sep. 27 2002 11:
JEVlT’:16 7635’35’35’37.-m_ 011, ”
PROFE8816NAL.CdNSULT AN APPROPRIATELEOALORTAXADVICE. DESIREYOUIF (
9tOO)t+-APA
BELLERalirnrVEENBUYER8ANDCONTRACTBINDINBLEOALLY
64.
5.
38.
37.
38.THIS IS A
Y2-
3.
1.
80.
9.
p .
27.
RPPRnISRLS/BEDROCK PHONE NO. : 763475933 9GRIFFITHFROM
2007
2. Page 6
DateSaptember 19.
Edlna. MN
1.
REALTORS@. Asaociatlon ofMlnnesote -000.
Ihls form.misuse ofoutofuseor &sing
IlabIlitydieclaImsanywhleh
AssociationofREALTORS@. Mlnnesore (hebrmapprovedby
To
PURCHASE AGREEMENTThls
S/00)
ADDENDUM
MN-APA
APPROPRUTE PROFESSIONAL.LEOAL OR TAX ADVICE, CONSULT ANDEBIRE
BETWEEN EUYERE AND SELLERS.
38.IF YOU
CONTRAETBINDINGLECULLYTHIEIEA
citv will provide
stubs).
This purchase aareement is subject to city council approval.
35.
36.
37.
city sewerpropertytocitywaterandmnnectincrthe
North. Plvmouth MN
The buyer acknowledges that there will be no driveway access on to Countv Road 101.
The buver assumes cost of
101CountvRoad
02 pertaining to the purchase
and sale of the property at 4020
2018September
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
Addendum to Purchase Agreement between parties dated
19.
17.
18.
11.
12.
13.
14.
15.
16.
ia.
8.
9.
6.
7.
09:2lF1M P 8
3.
4.
5.
763475933 9 Sep.27 2002 : GRIFFITH APPRAISALS/BEDROCK PHONE NO.FROM
6121600-4376MObk :
i763)595B3597Fax:
V63&ss-9393Off:
55441Wnouth, MN
Comme rclat
W ill ow G rove Cen ter8NathanLaneN.
6ResJaentlal
Reattor
ShkOlnIkovVictor
81FAGE
P216Wl09: Sep. 27 2002
sJE M PR O PERTIES
7634759339PHONENO. : WPRAISALSBEDROCK
38
TH
a p lace to ca ll ho m e and raise our fa m ily.
Thank you for your t im e and consideration.
Deb ra Favre
m aK ing it a n ice
place ’to live
fina f dec ision in se lling the
property at 4020 Coun ty Road 101 No rth, P lym outh, M innesota. W e wou ld en joy
the above when m ak ing theIaskyoutopleaseconsider
lif e llong res idents of P lym outh, live d irect ly
wes t of the property and it wou ld be advantageous for us to be near the m , as they are e lder ly and in
need of assistance.
In c los ing,
E the l, who have been
our
grand/parents, Lenny and Phe m ie
live at the
above property so we cou ld be near Ty ler to m ainta in a strong and hea lthy re lationship- Also,
Ha m el. W e wou ld like toTyler, lives inFinally, we have fa m ily i n the area. Joe l’s son,
Joel to respond to f ire ca lls in a
tim ely m anner, W e wou ld like to stay in the area to raise a fa m ily and to cont inue h is career as a
vo lunteer f ire fighter.
d iffI c$ to find affordable housing in the area that is near enough for
Hame l F ire
Depa rtm ent and is cons ider ing a lso joining the P lym outh F ire Depa rtm ent as a vo lunteer. It has been
serves as a vo lunteer f ire fighter for
I have just recently moved to the area fro m Long Lake, M innesota, Joe l has lived and
wo rked in th is co mm un ity his entire life. He
In add iti on, we have bu ilders and contractors in our fa m ily who have the sk ills to he lp w ith the
repairs.
A lthough
costs.
arz awa re oftheAgreevent, show ing that we
1 have inc luded a
Swo rn Cons truction S tate m ent a long w ith the Purchase
to spend the time, energy and m oney needed to m ake the repairs. You will see that
101 No rth and w illingIareeagertoliveinthehouseat4020CountyRoad
I am w riti ng to ask you to p lease cons ider the fo llow ing when m ak ing the f ina l dec ision in
se lling the property at 4020 Coun ty Road 101 No rth, P lym outh, M innesota.
M y fiance, Joe l Lenz, and
21 ,2002
C ity of P lym outh
3400 P lym outh Bou levard
F lym outh, M innesota 55447
RE : 4020 County Road 101 No rth
To whom it m ay concern,
No rth
Plymouth, MN 55446
Sep te m ber
P.09i F-565
Debra Favro
17530 41”’ Avenue
753-?41-4399 T-799
01:20pm P 2
CH?;SlIAN El!
PHONE NO. : 763475933 9 Sep. 2s 2002
F8Oh’-CEEi:JiiY 21PM11Sti-i:-?Cjt 33:
APPRRISQLS/BEDROCKFROM : GRIFFITH
FOR
I,, 1:,.
5B?Sl ,Mb. PxCELSlDR
ST4ER4.X WATER
nccrcly,Si
llcxu Debra,
24 ,2002Scptc=;nbcr
302 f-579t7GP141-4699 T-804 2 -_“I. . ALb,l_r
01:33PMP2ERSep. 25 2002
ANS’f I1CFRIfFRGM-CCNTURY34PM: 03sty-Zb-ZUUZ ~IPPRQISRLSBEDROCK PHONE NO.: 7634759339:GRIFFITHFROM
OljMN:FA-1
installmenlsII
fl -refunded to Buyer.bo ~ks11heraunuerpaldmoneyODrnosl311andAgreementPurchase
OfcancellalionimmsdiarelysignaparliesshallrhedoclnrethisPurchaseAgreementnullandvoid; party mayeitheragreement. stich
he absenceOf8~~8~s. Inpaymentotsuchorprovidefortheoosumo.paydareofclosingtowrltinc_ on or before the
then either
party’ may agree in
8shallexceedEuyer’s landerbyroqurradsas ~fs&~~11entspecial $&idloramounts
imprOVemen
56.
57.
58.
59.
60.
row
newSellernoticeregardinganyrhat-pres%orsSfllerAgreement. ot thisthedateoi
providod.
As
hereirj
iheroalter. the payment of which is nototherwiseintheyearfollowingclosingandSpecialassessmentspayable
less as required by Buyer ’s render.)
unpaid
or ~sssssmenls. lhsota’mounttimestheestimatedof+wo (2) into escrown?
paymen? shall bebyaulhorilies.(Seller ‘s provision. forasssesingar.yhavabeanordered ’ bylhal
1
bf the date oi thisAgreementa+x&ments pending as
Agreemen?.
special
thisofdate ?hso? levied asassessmentsspecial
oF.closlng.ayeble in the year
51,
49.
50.
38.
45:
47
44.
45.
e+,“- l___spce !__.._ .” . . B”VkR AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING
ol this sale.Ih6 closingrestillofssa16requiredbssessments, payment of which
spscisl
42.
43.
etc.).orlPYn8 (i.e. Green Acres. ’ e)ste~ raaldeferredclosinganyofdare .-.-on .PAY, JBUYERSHALL
specibbhers (Must be (F)
IO tenancies):ct
not(unless Specified. lotlowetenentoesRlghteof
Ulility and
E)
D) of Minnesota; rlghCs by tne -State
esubi
improvelnenls:eLIstingwilhinterleronoreasemsn?s which do
minsral
drainage
any (C) Reservation offortcirureprovisions; wi?hou~,etfocrivepropa.rty
ths?O use Or improvement ofrelating (H) Restrictionsrggulations: and federal .s?s!sguildingandzoninglaws, ordinances. (A)
to:title. subjecteny, conveying marketable ;Ispouse, VJ byjoineb
40.
41.
35.
39.
36.
37.
35.
a~____ -- _ - _-, & M ___ ._ -__._ _.___._.______ . . . . ._ Da?C /__ ‘. Other:. ‘-orSal~er~shail~delivhrdyBuyer. OEE~ARl&TA3LEmiE Upon performance
a?tacheq_addendum.).is IS. sea (If answerIrcpecrionAddendum. exp,ense. This Purchase,subject LO an
proparly inspection performed a?
Buyer’s
euyer have ainspscliobs. properry &5llabili~, ofthe0: been made aware32.has
daledA,greemenlwritlen.F?xchase01apreviouslyrocancellationsubpctAQreement_!_B~~qchase
obtain financing, it financing is applicable.)
31.This
ebility to ‘exfloctBuyerslillclosirigofBuyer ’s property. II any, msytheNQT. 0 ISi-ontwer (II
addendum-1anached {I! answer is IS. seeprcperjysalsotBuyer ’s (orAddendumCcn!l!lgencyaIO +ut+cc!$&”
i._
Agre+eniIpurchaseTh+
I_-___- __.._.._ Other:. . . . .MortgageMoneyPurcheeeOoedAmaumpllonContractforDVAeCo~entlonal
a’ddrtndu&tne attachedwi?hby.finan$ing in accordance . & /- * d
oj.closing.and.dare
I/. .
the /La
rhe b lance of S
zGc,.&LL
t
followin
and
rheIn (0 payGuyeragreeswhicq
2,%
30.
TolIars;
25.
26.
27.
26.
1--_ -
l _ - “..-r-,__ . ___.__
23.
24.
21:
22.
15.
20.
3.
4.
5.
6:
17.
18.
Iota.Page 1i
Edina, MNREALTORSQD, otrssociation
us form._. ..,.____ _. .,*_ ,.
4.2Y- -2Lzke. MN 5530 9
1.Dale 7eig55330
635 Rose DrElkRiver, MNCHRI$TIAN REALTY
403 Main St.P2001, Minnesota@I -#
IFnrrniC.,EP ..l .*__ ?fout =r,&ing and15cldim3WhlChFiEALTOfiS@. 55433RaDic!s, MNCoon55374.Minneso& -Rogers. -Ai_
IIIhenppruvedbyformTn~sN.W.Drwo 11499 Martin Sweet2iOd3Rogers liabilkyby
01Asroclal~onhnnesoto
006 F-566
PURCHASE AGREEMEN T
1763-441-4699 T-799 PDB:l3PM FROM-CENTURY 21 CHRISTIANERG&24-2002
01:20PM P 3~IPPRAISGLS/BEDROCK PHONE NO.: 763475933 9 Sep.25 2002 :GRIFFITHFROM
S/01)MN:l+P
1
right of
action arises.
suchafter
this
Agreement; and, as to specific performance, such action must be commenced within six months
performsncs ofSpecificthisAgreementordamagssforbreachoforSellermayseekactualtermmated, Buyer
notsolsIfthisPurchaseAgreementratalnsdbySellerasliquidatedclamages.
and
payments made hereunder may be
114.1
115.’
116.
PURCHASE AGREEMEN T
61. Page 2
DEFAULT: If Buyer defaults in any of the agreements herein, Seller may terminate this Purchase Agreement.
113.~
otfice.
712.
llstlng broker’s8tthe
ln
writing. The delivery of all papers and monies shall be made
SelleracOeptanOeby10
dosing.
ACCEPTANCE:Buyer understands and agrees that this Purchase Agreement Is subject
atOUUayraduoetheproceedsfromthesaleorincreasethecashCOSTSwhichmayeffectively
b-
required to pay certain closing
seller mayagreement. Buyer orhistarpurposesofSti?es currencyUni?edmone?ary sums are deemed to be
by
Seller and Buyer. All
signedwritgnginonlymodified
wr*8n Or
oral agreements between Seller and Buyer. This Purchase Agreement can be
batween Seller and Buyer. and supercedes any otherentireagreement
amendmants signed
by the parties. shall constitute the
ekhibits and any addenda orAgresment.any attachedPurchaseENTIREAGREEMENT: This
BENCE; Time is of the essence In this Purchase Agreement.TIME OF
cancellation of Purchase Agreement.
signalmm=dla?e1ySellershallberefundedtoBuyer; Buyer an0atBuyer ’s option. and earnest money shallandvoid,
nul!?hls Purchase Agreement shall becomebeforetheclosingdate.des?royed or substantially damaged
the
property is
risk of loss shall be on Seller. I? the
for
any reason including fire. vandalism, flood, earthquake or act of God.
Closin%, ofthedatethedatehereofandRISKOFLOSS: It there is any loss or damage to the property between
herein.agreed tosun/eys or inspectionsproperryforperformanceofany
immedlarely.
Seller agrees to allow reasonable access to the
wili be provided to BuyerreceivsdbySellersuchnotices
coVsnan?s. Anythaauthorityastoabreachoflromanypersonor
Seller
warrants that Seller has not reoelved any notice
If the property is subject to restrictive Covenants.
condemnetion
proceedings, violation of any law, ordinance or regulation.
to
proper?y.
Seller warrants that Seller has not received any notice from any governmental authority as
to theaReratIonorrepairofanystructureonorImprovement
ConStruC?iOn.wi?hin the 120 days immediately preceding the closing in connection with
machinery.
fixrures or tools furnished
payment in full will have been made for all labor, materials,
111
Seller warrants that prior to the closing.
l?C
109
108
107
106
10s
103
104
98.
99.
100
101
102
97.
95.
96.
94.
92.
93.
survive the delivery of
90.the deed or contract for deed.
91.
10 the property from a public right of way. These warranties shall89.tha? there is a right of access
66.that the buildings are or will be constructed entirely within the boundary lines of the property. Seller warrants
Warran&Sellerc1osing. recording as of the date of97.the real property to be conveyed has been or will be approved for
descrIp?ionOfIhelegalgovarnmentalapprovals. Seller warrantsarpsnsasandobtainallnecessary
SU8DlVlSl0N OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Seller shall pay
86.all subdivision
64.Agreement.
85.
Plrrchase%uybr and Seller shall immediately sign a cancellatlan ofearnestmoneyshallberefundedloBuyer; 83.and
shall be liable for damages hereunder to theotherandvoid; neither party82.may declare this Purchase Agreement null
extension. either party
addirion to the 30 day extension,
81.Buyer and Seller may by mutual agreement further extend the closing date. Lacking such
wrlllen notice to the Seller. Inwalvetitledefectsbymay %uYeraf?erna?ive. ?ha90.?
itle marketable or. inthedateofclosing. Seller shall have an additional 30 days to maketitlebyprovidedmarketable
title by the date of closing. In the even? Selter hasnot79.to provide markstableuseSeller ’s best effortsSellershall78.
title Insurance premium and examination fee,opinion or the
optlon. pay for either the Attorney ’s
77.
Costs necessary to Preparo the RPA or commitmen?. Buyer shall, at buysr ’s ?hosa
t0 write title insurance in Minnesota. Seller shall be responsible to pay. undsr either option. only
76.
insllrer licensed
ALTA form issued by
75.an
turren? poltcy of title insurance on a (2) a commitment for an owner ’stodare; orcsrrifiedtRPA)
1) a Registered PropertyAbstract74.oprion and request, eitherTorrenr. Seller shall provide. at Buyer ’sPmPOrtyla1) 73.
con?roI to Buyer at closing.
abSIraC?. Seller shall pay for all abstracting fees. Seller shall surrender any abstractin72.Seller’s possession or
to update anlfSellerchooses
to date.
71.
title certified {2) an abstract ofexamlnallonfeeforthelender ’s polity); orthepremiumandthetitle
slmulraneously issued owners policy if a lender ’s policy is obtained. (Buyer70.shall Pay
obtalnlng aOnlytheadditionalcostof69.
tit18 for such title insurance policy if no lender ’s policy is obtained; orexaminationfeeandthecostsofevidenceof6s_
upaste an abstract of title, Seller shall pay the entire premium, title
Selfer choose8 to provide an
87.Owner’s policy of title insurance rather than
rltle Insurance. in Minnesota. If theALTAformIssuedbyaninsurerlicensedtowrite
tille Insurance on a currant
66.
commlfmen? for an owner ’s policy of (1) aabetraCt, Seller shall provide: lePrOPartYIt65
8s follows:Buyer or Buyer ’s designated title service Provider. 64.and levied and pending Special Assessments to
bankrnptcles. state and federal judgments and liens.include proper searches covering63.evidence ot title. which shall
EXAMINATION:Within a reasonablo time after acceptance of this Agreement, Seller shall provide
01:21PM P 4
62.TITLE
763475933 9 Sep .25 2002RPPRAISGLS/BEDROCK PHONE NO.:GRIFFITHFROM
J%z?-___jsiof)PA-3MN:
uver ---_-
166-176.Complare the disclosure in linesrransaction. DIP-apply in thisrepresantarionDual. Agencym
16S-‘178.
165.
trapsaction. Disregard lineslhiahsZZ&iU~~pply Inrtrprs,uarrmtionAgancryDualm
FOLLOWtNG SELECTIONS
164.
PTHE
k3ENCY REPRESENTATION
163.PLEASE CHECK
162.DUAL
REQUIREMENT&MENCV DISCLOSUREMIHNESOfASTATUTORYSATISFVTHISNOTICEDOESNOT
w..--......... . _ _._.._____...__ . . . . . __._. / Non-AgenrIDualAgentAgenlBuy&sis@%9
IHUNICIPALIIY.~BYI~_&X?lHED15.5.BUYER WAS PECEIVEDTWE INSPECTION REPORTS,
WnJER
PROPERTY DISCLOSURE STATEMENT.
BYCAUSEDCklUNGDAMAGE6)RROOEWALL
SY SELLER:
HAD
BUILO-UP O N HOOF OF THE PROPERTY AND BUYERRELIES152.SOLELY IN THAT REGARD ON THE FOLLOWING STATEMENT
WATEi+ OH ICEWATERINBASEMENT. OH D AM AGE C AUSED BY751.
POSSl8LE PROBLEMSOFREGAROINGREPHESENTATIONSHAVESEENMADE150.BUYER ACKNOWLEDGES THAT NO ORAL
PROPEm.OFTHEPIIYSICALCONDITIONREGARDINGTHE ‘148.
REPRESENTATIONEWHITINGOFANYSUBSTANTIVECHANGESFROMANYPRIORINNOTSPYBUYERIMMEDIATELY148.TO
CONDlTlON AS OF THE DATE OF PURCHASE AGREEMENT. SELLERAGREESUBSTANllALLVTHESAMETH147.PROPERTY IS IN
ESTABUSH THATToCLOSlNGREVIEWOFTHEPROPERTYPRIORTOToAWALK-THROUGH
AGREEMEN
146.BUYER HAS THE RIGHT
DATE OF CLOSING. EXCEPT A S NOTED IN THISSAIDPROPERTYWILLBEINWORKINGORDERON
HEA7ING. PLUMBING AND WIRING SYSTEMS USED AND LOCATED0145.CONDInCNING. AIH144.SELLER WARRANTS THAT CENTRAL
l_-_,-._,--_
OR SERVES
PROPERTY, AS REQUIRED BY MINNESOTA STATUTES.
SYSTEM EXISTS ONSEPtlCSTATEMENTTIIATNOBTATEMENTORADlSCLQSlJRESYSTEM
0
AND A SEPTIC
REPAIRUPQRADE. SELLER= OBLlGAfE136TG139SHALLSATIS~THIS OBLIGATION. NOTHING IN LINES
197.
138.
139.
140.
141.
142.
143.
SYSTEM MAY
pre/---_--_--+- OF’mlS PURCHASE AGREEMENT ORBYTHETERUSREQUIREDBYTOPROVIDE. IF
a.
136.SELLER J BUYER AGREES
pa.._ _ -__ -_ - AN-R LENDER.AurnoAllYGOYERNINGUIREDBV
0 N O/CmWATER&YESd
Wii@Is”&&3iGREEB
P’PERTT&yTTHE
ianks, except herein noted:
134.
135.
WARRANTS
S?omgerherearenohazardoussubstances, or undergroundknowledgeSelicr’sIherhsbestof
possession date.
ENVIRONMENTAL CONCERNS: To
propsrry bylhelrombROPEF?TY NOT INCLUDED HEREIN
ANO ALLPERSONALofdateofclosing. Seller agrees to remove ALL DEBRIS
e!ec?riCit$ and
natural gas shall be prorated between the parties as
Sewer, f& city water. citycil, liquid petroleum gas and all chargesdues. rents. fuelkllinterest, homeowner association
after closing.: proparty not laterthanaltheShaIldeliverpossession
state taxes.
POSSESSION: Seller
ruprosantations are made concerning the amount of subsequent real
Ihereaffer, the payment of which is
not otherwise herein provided. No
year lollowing closing and ?axes due and payable in theestatehueandpayable. Buyer shall pay real
taxss:Suyec agrees to pay any remaining balance of non-horn&read taxes when theybecomeiowardthenon-homestead real estate
fLoloringSuyarat10pay
cwsd.
Seller agrees
Iscla~lflcettonnon~homuataedpartorItbv_____FUL PART-NON- homestead classification. year&“@ willrhe
axe.S due and
payable in
adJusted to the new closing date. Seller warrantsIfprorated, bees?awes paid shall, ilosing date is changed, the real
Ifthea@thayear ?axes due and payable inestafeal
year-.
191.
132.
133.
real estate taxes clue and Payable In the
128.
129.
130.
123.
124.
125.
126.
127.
122_
121.
di355
119.
120.
Elg Lake. MN55330REALNElkRiver. MNCHRISTtAN
St.635 Rose Or.:&inco.3
55~33MtiRapUs. Roger& MN 55374 Coon
N.W.St. M&n1ISYYDrivtRogers
P.007 F-565
21030
t7G3-441-4699 T-78916PMFROM-CENTURY 21 CHRISTIAN ER
01:22PM P 5
SEP-24-2002 08:
763475933 9 Sep.25 2002nPPRQISQLS/BEDROCK PHONE NO.:GRIFFITHFROM
9101)N:PA-4
PROFE59IONALTAXADVICE, CONSULT AN APPROPRIATEDEEJRELEGALORYOUIF
SELLERS.ANDBUYERGBETWEENCONTRACTLEGALLYBINDINGAISTi-w
DATE_- -
Stalus)
FINAL ACCEPTANCE
A8raement.
Marital
thla Purchaseofpagoaallrevrewed
ZOrth above.
I have
se? condltlone &+rmr andthewtth
MCcords-InsndPfiCr &sfoolpromIhepurchasmtc
s?a?us)
I agree
Marital - optional)(Se&al Security NumberSls~us)(Mati?aloptionalj- NumbdrSecurely (Social
X
Prinrsd Name)
X
Buy&s
Y
Name)Printed -”(Seller’s -
Wats)
X
S$ynarure)(Sebr’s
optional)-- Socurlry Number (SGlalSraluc)(Ma&a! opriunal)-
Primed Name)
X X
Social Security Number
Salletis
Aareemwt.
Y
Pureharethlr ~aagem ofrwlewedallhsve
w rIti n&
I
otherwIse Intnztrurredunless
from
the market,
eald propertywIthdraw ?oIl8Ungbrokereuihor(ra the
qgreefnen? andthieacceptpropdy. meI, the owner of
aodsnda. on line 2 of page 1.)
pdQeS of this Purchas e
Agreement, including
En tartotal number ofAgreenlsnr. par! of this Purchasewhlcp, are made aAlCachedareotheraddenda
03.
04.
02.
51.
OO.
199.
195.
196.
197.
198.
193.
194.
8a.
189.
793.
791.
192.
i
187.
196.
65.
I-.- -
BUYER(S)SELLPR(S)104
SELLER(S)--
AGRPEh?ENT.ARBrCRAllONREALPROPERTYRES~DEK~AL
DISCLOSUREIANAAl3ITRAT1OWTOREVIEWTHEQPPORYUNITY
i
T HAT I HAVE RECE IVED AND H AD TH E
180.Page 4
A.955309Lakko, MNBig
AG Ijl! Y .X~ENT&aaF
55330 179. AddressRiver. MN
Dr.
Elk
R050St.636403Main
REALTYCHRISTfAN
Cocn Aapios, MN5543353374RO@bf$, MN
N.W.SC. hlanrPrivp11499R&!flr&
P.006 F-565
21000
T-799 +763-441-460908:18PM FROM-CENTURY 21 CHRISTIAN ER
P6
SEP-24-2002
01:24PMnPPRRISRLS/BEDROCK PHONE NO.: 763475933 9 Sep .25 2002 :GRIFFITHFROM
9100)
ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
MN: FAMDP
IFYOU DESIRE LEGAL
BuYiRS AND SELLERS.
25.
SINDING CONTRACT BETWEEN16: A LEGALLYTHtS
ab agreed on lines X6-1 1 above.
22.
24.
proporlionately by both Seller and BuyerShalIbepaidPoints
only Points.
The Points shall be charged first to the Buyer and the balance to the Seller.
The
8.Seller shall pay
costs of closing as allowed by
lender.
prepaids and/orfeesand/orand/or buy-downdiscreetiontowardsPoints
at theirIt #71 and Buyer may useSsllarshallpaytotalamountagreedtoinline
or&
A.
fifiifWopt/bn A
911.
then:
le8.s than agreed to on line
Buyer.
If the Buyer is not contributing towards the Points and the Points are
balance to thethetotheSellerandla7 .
14.
15.
16.
17.
18.
19.
The Points shall be charged first
3)l,.Zoff/i?/iialopmn #S: thsln the Points agreed to on linelf$e Points charged by the lender are less
Aorlender
paid by Seller.
OVAOOO~@%g
ccntribudon~allowed by FHA,Buyer.bypaid ,__,__-.__ -o-
SellermaxlmumexceednotNOTE: Da
PMI). if addedtomortgage, shall be paid as follows:1
MIP) or Private Mortgage Insurance
of the total mortgageamountincludingDVAFundingFeeorMortgageInsurancePremium
7dd _ (“Poin;s”) not to exceedDlSCOUNTPOINTS: Mortgage discount points
55yqLkMM -, V-0~~
UdF&/ iDR& Guid,, 22”
penaining to the purchase
and sale of the property at
a=3.209-aq.___between parties dated
W
Addendum to Purchase Agreement
Pnge_-
2
2.
dy- Date*-21.
Minnssotil Assoclatlon of REALTORS@. Eclina. MN@x?OOO.
lhis form.use or misuse ofafaridngout
lloblli?ydjsclalmsany
AssocladonofREALTORS@, which
Ihe Minnesota
POINTS
This form approved by
MOFU’GAGE DISCOUNT
12.
F INANC ING ADDENDUM
17.
3.
4.
5.
6.
7.
8.
9.
10.
4. :.,_,; 1,” . ,I. ., 1
T-79g P 010 F-656+763-441-4699ISTIANER08:20PM FROM-CENTURY 21 CHR
01:24PM P 7
SEP-24-2002
GPPRRISnLS/BEDROCK PHONE NO.: 7634759339 Sep .25 2002 : GRIFFITHFROM
AND SELLERS.--- IS A LEGALLY BINDING CONTRACT BETWEEN BUYERSI59.THIS
iDatoGz(Oat*).,SMd ___-_..._._.-...-_,-_ ‘
I. 58.
55. OTHER:
56.---
ihe property are acceptable ”
HlJD does not warrant the value nor the condition of the
54. property. The purchaser should satisfy himself/herself that the price and condition of
52. amount of the appraised valuation. The appraised valuation the maximum mortgage the
53. Department of Housing and Urban Development will insure,
priceJ (mle
GzW7% /BS;wvzJueofthepropertyofnotlessthan
or,aDirectEndorsementlenderSettingforththeappraised
Verer=;s’ Affairs
orOVArequirementsawrittenstatementbytheFederalHousingCommissioner. Department of
H~&%tlAearhestmoneydepositsorotherwise, unless the purchaser has been given in accordance with
penalt forfeitureofhereinortoincuranyfocompletethepurchaseofthepropertydescribednotbeobligated
It is expressly agreed that, notwithstanding any other provisions of this contract, thepurchasershallFHAESCAPECLAUSE:
O-3 $‘
he lender cannot charge
to Buyer, not to exceed
the’Buyefs lender.
LENDER PROCESSING FEES: Seller agrees to pay miscellaneous processing fees which
id repairs or escrow amounts related thereto above the amount specified on line 35 of this Addendum.
grees to pay any reinspectlon fee required by
be refunded to the Buyer;
41.
42.
Buyer and Seller agree to sign a Cancellation of the Purchase Agreement,unless the Buyer provides for payment ofthecostof
andearnest money paid shallnullandvoid (C) Declaring the Purchase Agreement
cc~st of making said repairs with the Buyer; or40.
tie necessary repairs: orNegotiatingtheI
Making
39. (B
said repairs shall exceed this amount, the Seller shall have the following options:
38. (A
maklng ‘0937. make repairs as required by the FHA commitment. If the FHA commitment is subject to any work orders for which the cost
ti&
36. $
eller agrees to pay up togreementshall _be construed as a warranty thattheP.urchaseA35. Seller will make repairs required by the FHA commitment. However, theWORKORDERS: Nothing In thisFHACOMMITMENT ~4. _...__._.~.__
L--_..““_~_-” &%
REEMEbt’TPURCHASEOFfHISOPFINALACCEPTANCEahiNUSINESSFM. = 33.
32. LOCKING OF MORTGAGE
to pay discount points, a Mortgage Discount Points Addendum must be attached.Seller electslfpay. t0elects31.
POINTS: Nothing in this Purchase Agreement shall prohibit the Buyer from paying any discount points theBuyerDISCOUNT39..
applicable to condominium transactions.closing.This provision may not beat.theunlesspaidincash29.
transaction.The said Mortgage Insurance Premium will increase the mortgageamountW-IA at the closing of thistopaidmustbe28.
JvIIP)insurance PremiumsimeMortgageoneRegulations, aFederalMOmGAGEINSURANCEPREMIUMS: Pursuant to27.
or.‘inthe26.alternative, Seller may seek all other remedies allowed by law.
Purchase Agreement, and all earnest money shall be forfeited to Seller as liquidated damages, ofCancellMiOna2.5
immediatebsignatSeller’s option declare this Purchase Agreement null and void. Buyer and Seller shall
points.
24.if any, Seller may,
discountPurchaseAgreement ,including but not limited to interest rate andrequiredbytheegitenl
tothe23.Selle:‘s failure to complete work ordersotherthanstatedclosingdateforANYREASONrelatingtofinancing, close22.on the
notPurchaSS’Agreement doestheIntheeventby’the Buyer.
all conditions, except work
21.orders, required by said commitment is deemed accepted
resdonsibility for satisfyingAgent, theSellersdeliveryofsaidcommitmenttoSelleror
t+ refunded to Buyer.
20.Upon
shallalI19.earnest money
ar Seller ’s option. declare this
18.Purchase Agreement null and void. Buyer and Seller shall immediately sign a cancellation of PurchaseAgreement, and
not provided by said date. Seller may, . 20 -.If said commitment is
on.Or
17.befor e
loan, CloSethelendertosratingallconditionsrequiredbythePurchhseAgreement. including completed appraisal. and16.
inthisloanspecifiedfortheSetlerorSeller ’s Agent with a final underwriting approval commitmentaBuyershallprovide15.
34.Agreement_
PurchaseOfCanCellatiOnaBuyerhereinshallberefundedtoBuyer; Buyer and Seller shall immediately Signi3.paid by
ihis agreement shall become null and void and earnestmoneycommitmentforsuchmortgage,canno secure a1Z.m If Buyer
CJ&crmmr)conringent upon the following financing contingency. isFLNANCINGCONTINGENCY:This Agreement11.
financtn&Saki &OnsLJtYlmaterequirad.toexecutealldocumentsforacceptanceforsuchfinancingandtola. commitment
aSecuret0effOrtsbestUsetoDtthisPurchaseAgreement. Buyer agreesafterthencceptsnceplvEBUSINESSDAYSYV~THIN9.
MADEBElSl0applicatianpi+/K*L percent per annum.The mortgage
with
6.an initial mortgage interest rate at no more rhan
yearsLthanmorenotmonthlyoveraperiodofthePurchaseAgreementamortizedinstatedamount7.
a-w.-G,Fm.P. secureatAndappryforBu&r will
at
5.
6.
and sale of the property
q pertaining to the purchase
4.
29 - parties datedPurchase.Agreement between3.Addendum to
0‘2y- y-s
MN5EdinaAssociationofREALTORS@, Minngsota@2000.
form-thisormisuseofarisingoutofuse
l\ablli?YdisclaimsanywhichREALTORS@,
AssOcis?lWOfMinnesotaThisformapprovedbythe ~;~~~~~~~
ri-iijl&~TGAG~
P.008 F-565+763-44\-4698 T-789Eh
P801:25PM7634759339Sep.25 2002
Y
PHONE NO.:
18PM FROM-CENTURY 21CHRISTIAN06:
APPRQISnLS/BEDROCK
SEP-24-2002
GRIFFITHFROM
I#ic,xltiibi~s.-4tchjtecturaltileacceptedv.&licompliancecomplttedin
hEls
been
worktherl~ Rcqucst (HUD-9746-A), certifyingDrawreqGresarclcaseandeachl), (I-Ign-205
RepOrInspccfion .inspectioll requires a Compliancelender. EachtileDEsttifof: HUD-accc=pred
or by
the
OfiiceWDField ,thebyinspcccorsassignedbyHUD-approved feeperfornledinspecrionsare
ma&.
All
insyecrion isschod&dFmdstillbereleasedaseach
escrowedrehabborrowerwishes, thefinds. Ifrzhabescrowedhzl,vrelcascofnecessavpriortothe
An inspectionislenderorHUD. detelnlined by the DErep&s, isofthee;ccenrcolnp1sxityand
iheWitiinspecti?ns, which variesnLnlberof - TheRELE&XFINALANDHOLDBACKS,
inreresrs of all parties.
INSPECTIONS,
qudliv of the job and protect theillsurethewltichrchabagreementintDthebuilt
EUErelcnscschedulesinsp&ction andrehabing. tiii~nds to aidrele~iscsI+ndertiewhLlzunderconditions
tieagreementestablishesborrower. Themdthele,nderthebznclcenrch;ib loan agreement is made
concurrenr@, ainwTest+aring escrow account. separax i nsu redrchabareplacedina
203 (k ) loan has been closed, rhe mortgage proceeds
allocated for
Once theYROGIWMWORKS203(k}
home.
HOW THE
the rehabilitation of thefileacquisitionand
bothfinmcetorote .;nterestlong-term fixed or adjustableloafl, at amortgageonetoapplyfor
she
borrower
simariolls by enablingtix:seukircsses2(Ij(k),pro~r~~~ Tiltinterimloans. Lht: m&twillirlgtolcndcr
findingalravedifficultyp~pleiucomeandmoderate- iow- short amortization periods. Also, many
rehzivelyrelaIivclyhighinterestratesandand-consrructisn loans) involvesacqtiisition (the
interin
financing
often thepayofftheinterimloans. morlgage topemlanent: the work is complercd, a
constructio& and,
when
the rehabilitationfina~~inlg to dodweUing; additionalthepurchasefi ~xxx ing t o
have to
ob ta in
tidy usuallymode~xizatiol~, xed of repair or110~~ inp*urchaserohomcbuyerswant
in:&.
When
long-scrm mortgage is
that the
improvements be finished before a
ryyicallly requiresi:; involved, the lenderseck~y. When rehabilitationadequateloan
the propertyprovideconditionandvalueoftheunless
usually
close the Ioan and release the mortgage proceeds
tile lender will notfinancing. That is, pcmlmentonlyplansprovidefinabn$ mor;gageMost
parlicipation.
investorlasrFHA-insured programs allowingthe01isoneprogram. This203cr(> tileparricipaiein
invcs1orsmayowner-occupanrs and - QualifiedDIFFERENTISiTHowA%J303(k) USECANWIio
closil1g.
toiucidenlalcostsumnc~ FrelmbiIitc?te, (c) rehab a dwelling, (d) zndindcbtcdnessrefinanceexisting
12)rchabilitatc, purchase andbcwedto, (a) funds can203(k) loanyearold. Sectiononeoverunits
oncz IOfourf&nlily house, any eligible single011cxnbeusedIrstock. natibn's housingof&e
and
preservation
restorariourlrefacilitatealldprollloru ~0programis303(W - _Secrioi. oftheTheobjective - OBJlXTIVE
203 (b -;) program.
Ixomotingitsa=ressivelyI-RiD isresl3onse, hluirhtime. get worsewillonlyThisproblem
@ordablc
housing.
IO finduuableplllchastheyarethef&rghomebuyersarealready
nliddle income
individuals and first-time
of lower tovatis1@. ThousandshousingisIcvelcntlltAffoxiabk, up! gonehzs
housingcostoftheConsequendy, irxrcascs. homestilecostofnewhomesdecrease,
of
millions of older
nxnai,ning phys ica l and economic lifedxaging. Asstockishousingnlilion’s - TheRACKGROUND
SHEETFACTPMXXAM203 (K ) ‘.SECT ION
y-
F -565P.003T-I89 +763-441-4699Eit21CHRISTIANUQ:llPM FROM-CENTURY
P9
W-24-2002
01:26PMSep. 25 2002nPPRnISFILS/BEDROCK PHONE NO.: 7634759339:GRIFFITHFROM
I
LaborLoorsF
I Labo r
46 . Ha rdwood
45 . Ca rpe t
C ’
I
I-T -i-t &wa re
41. Counter Tops
42. Vanity Tops
43. Ce ra m ic T il e I l abo r
Cab lne tr y40 .
IfWallatlonCablnetry
d
39 .
I --38.Cabinetfy
I --& -,-/ a Q‘731’-Id1/Ce ili ng SprayI37.Drywall Tap ing
Dwa ll Hang ing
M a tW i8 l
36 .
DPp& l135 .
32 . P lu m b ing
34.Insu la ti on Labo r
I
I\
i ---r-lt19 .S tr uc tu ra l S tee l
Foo tinasIO .
8 . W a ll. Pu m p
9 . Sep ti c Sys te m
28 . C rane Se rv ices
T rus? t;es
7 . Gas , Sewe r & W a te r Hook -Up
I
Bac M ill
17. Laminated Un it s
T ri m
5 . Excava ti on , F iil
6 . G rad ing ,
16. M illwork
4 . C lea ri ng Bu ild ing S it e
Te m pa ra ry E lec tri ca l Powe r
2 . Su rvey
3 . Bu ild ing Pe rm it
15. Lu m be r
14.
A rch it % tu ra l S&vices1 ,
D ra inTileVlaterproofing
M ason Labo r
13 .
11 . Founda ti on
12 . Conc re te
TYPE OF W ORK /M ATER IAL
Fw iP. 004+763 -141 -4 fi99 T -799CHRISTlAbER12PMFROM-CENTURY 21 : 08SEP-24-2602
01:34P M P4QPPRAISALSBEDROCKPHONENO.: 7634759339 Sep.2 5 200 2GRIFFITHFROM
No t a ry Repub lic
s wo m 4o be fo re m e th is
I _ - _ - _
Owne r’s S igna tu re
Subsc ri bed , ond
ce rtif y t ha t t he las t da ts m a terials
by th is s ta te m en t i s :
he rby f u rt he r
cle .scr ibdd pa rce l.
I
on t he abovk
x? tf cr m any labor
or supp ly any m a te ri a ls
tocontra&dIknowofnootherpersonsorentitieswhohaveIherebycertifythat
than s ta ted .sa /d bu il d ing o the rdooruponkirldorworkofany
a&an&g ; and tha t t he re ’ is no th ing due o r to beco m e due toanyperson fo r
m a te ri a l; labo r
and spec ifi ca ti ons ; t ha t t he re a re
no o the r con tr ac ts
gcco rd ing t o p lansbuildirlgcompletesaid
lnc lud @ a ll l abo r
and m a te ri a l r equ ir ed to
esch o f sa id pa rti es ; t ha t t he it e m s m en ti oned
p fape rt y , and the
a m oun ts due and to beco m e due to
for saidthepurposeoffurnishinglaborormaterialconttactsorsubcontractsfor
aI1 parties having
p roye rt y owne r a t
the add ress shown he re in , deposes and says tha t t he fo rego ing a re the na m es of
and /o rcarltractorhimiherself, as
r ”-I
SALE PR ICE
The unde rs igned , be ing first du lyswo rn , each fo r
C !o .s ing cos tsI66 .
Co rn m iss lons
I
67 .
I66 . Lo t
2&DA / U&s . c ’/ 65 . M isc .
I64 . Con tr ac to r Fee
lns to lla tiorlI000~s83 . G a rage
@ ‘gX )
62 . Ca rpen tr y T ri mm ing
z&& . & -, ~3 . 2a /& k &w&_ k~Ca rpen tr y F ra m ing81. . _ .
1
60 . Sad
Deb rf s Re m ova l
59 . Landscap ing
J
58 . Du m ps te rs
S iteFac iliti es
0
57 . Jab
c3 .5 -c . &&p :‘o56* D ri veway u -u t; #Yq&3
I
55 . Ho t Tub I Sauna
M ir?ors& I-- ---- -
54 . G lass Doo rs
II
006 F -665
47 . Pa in ti ng In te ri o r
48 . Pa in ti ng Ex te ri o r
E3-441-4w T -781 PEh:CHRlSTl!.NFROM-CENTURY 21I?PM06;
01:35PM P 5
SEP-24-2002
763475933 9 Sep. 25 2002GRIFFITHAPPRAISALS/BEDROC K PHONE NO.FROM
SBLLERS.
IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL .
BUYERS ANDBETWEENCONTRACTBlNDING
9:0(1)
THIS IS A LEGALLY
MN-APA
Klele)
37.
38.
yar),ocre,(Sb&Y,-.__/_-- -,_.-_--
I-
32.
33.
34.
36.
I---. ~-
30.
31.
27.
28.
29.
26.
24.
25.
23.
21.
22.
1^_“ 1_. “ . _____... ~ ,I,._ l”,.””~_t ”“ - _
20.
19.
18.
16.
17.
14.
15.
13.
I.---.~_--,“-
72.
11 .
10.
B
9.
kgrosment between parties date pertaining to the purchase
4.and sale of the property at
a
3.Addendum to Purchase
p-29- Date
Edina. MN
1.
REALTORS@. (&OOO. Minnesota Association of
Ihiv form.misuse ofoutofussorcrrlsing
IlabilitydlsclsimsanyOtREALTORS@. which
AssoctaIlOnMinnoSOtalhe .lhis form approved by
ADDENDUMT O
PURCHASEAGREEMEN T
P.014 F-565763-441-4689 T-788ANERIIST21CHROa:24PM FROM-CENTURYSZP-24-2002
01:35PM P 6: 763475933 9 Sep .25 2002PPRRIS~LS/BEDROCK PHONE NO.: GRIFFITHFROM
rhc seller for a home.
I understand the importance of getting an independent home inspection.I have thought about this before I signed a
contract with
the inspection.The home depends on
states that
the sale of
contraftasyour
afrcr
signing the contract as long
bzforc signing your contract, or may do Socjoso
arrange
to
inspecrar. You may
potrtnriti new
home with a qualified home
yourexahinetocarefullydxcright
yoq buy is satisfactory in every respect. You
have
r-hat what
to be an informed buyer. BeSWresponsibiIiryItisyour
etecrricsl, heating, insulation and ventilation, air
conditioning, and interiors.
Be an Informed Buyer
are not home inspections.
thehouse is marketable
Appraisals
surt? rhatzomake .
minilnum
property standards
FHA .to make sure that the house meets
of ahousevaIue -to estimate the
an appraisal for
three reasons:
difierznr
from a home inspection. Appraisals arc for lenders; home
inspections are for buyers. The lender does
An appraisal isFHAappraisal. ancoclduct
tile
lender
the loan, we require thatins&figparTofourjob
are
Different
As
on the condition of the
Appraisals and Home Inspections
dersiled report
The
inspscrion gives a
replaced. repaired ortharneedtobe
and
items
rhe homerheoverallconditionof
physir;al
evaluation of
ari impartial, the buyergivesinspecrionAhome
a wise decision.maiceinfoxmatjonyouneedto
giva you
rhe
andfoinspectyourpotentialnewhome
an
independent home inspection. Ask a qualified home
inspector
buyer, to gerimpomntforyou, theThat’s why it ’s so
structire, and finishes
What Goes into a Home Inspection
sys~~mu, equipment
useful life of the major$h.he remaining .estimate
rated to be repaired or replated- identify items that
home back
from you.
money for repairs, and we can not buy the
give or len d
you
11otconclosing, weafterhomeyournewwirh
tic value or
condirion of your potential new home. If you find problems
FHA does not guaranteedon’t do:
sysTems
What we
rnzchmicaland
evaluate the physical condirion: structure,
construction,
new home to:
in-deptll, unbiased look at your
potential
qualified
inspector sakes an
inspectidn. a
to
make a wise decision. In a home
appl_aisaI--information you needanrhan
down-
payment
A home inspection gives the buyer more detailed
information
buyerpays only a very lowrhe
rht
loan for the lender,
orhers who may nor
qualify for conventional loans. Because the FHA insures
buyers and
This allows lenders to offer
mortgages to first-time
FI-LA helps people become homeowners by
insuring mortgages for lenders.
do:
Sayers...
and What We Don ’t Do
Why a Buyer Needs a Home Inspection
What we
forWhattheFHADoes
55t/c/A4o,,kJ&4&LPI,/_
Ju&UoLR/D/ ath?O.kJt&(? 090 “/ AddreSSProp&y
E&WCz_# LL-* Name of Buyer
lJ3OJ98)
For Your Protection :Get a Home Inspection
SIP. 1 No: 25024538AppmvaIOMB
Cornmlssioncr
UZ Housing
Federal Housing
CWtiee
DItvaIopment
F-566
US Department ofHousingandUrban
P.013
01:36PM P 7
T-79 9+763-441-4699
Sep .25 2002
08:23PM FROM-CENTURY 21 CHRISTIAN ERSEP-24-20az
763475933 9:GRIFFITH APPRAISALS/BEDROCK PHONE NO.FROM
ORTAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL .lFYOU DESIRE LEGAL
BENVEEN BUYERS AND SELLERS.
52.
lOPC.3)
51 .THIS IS A LEGALLY BINDING CONTRACT
eumr)(Dats) --&dlN,_.._.--_-----._______.
tOMe,
50.
e,yeqmm%.),S.ild --_-_-_-__---_.“.._. --_--
I-- “.
48. contingency is removed.
49.
0,,y- . . . . . . . . . . . . . (c,rc,rr.._._._...____.._this. . . Untilsaleforrighttocontinuetooffertheproperty / SHALL NOT have rhe
Buyer.
47. Seller or Seller ’s Agent SHALL
toandearnestmoneyshallberefundedPurcnaseAgreement
or Seller ’s agent in writing within business
43. days of the inspection(s). In the event Buyer declares the Purchase Agreement null and void, Buyer andSeller44. shall immediately sign a Cancellation of
Seller42. Purchase Agreement null and void by so notifying the
may, based on the inspection(s), declarethisBuyer ,Qfeement,
liedeffect.
41. Notwithstanding any other provision of this
sforceanthiscontingencyshallbedeemedremovedandthePurchaseAgreementshallbeinfull
the timeS40. above, then
not& Seller withind08.s notspecifiedabove, orwithinthetime
IfBuyer39. fails to have the inspection(s) performed
WBiVB
38. defects, providing that the Buyer notifies Seller or Seller ’s agent of waiverinwriting within the time specified.
Wyer may unilaterallygiven,theanynotice .the contrary, orHOweVer. notwithstanding any provision to
any
36. further liability to the other.
37.
by Buyer will be promptly refunded.
3.5. Buyer and Seller agree to sign a Cancellation of Purchase Agreement, and thereafter neither party will have
void34. without further notice required, and all deposits of earnest money paid
null andti$ Purchase Agreement will automatically became
5”
33. adjustment to the purchase price made,
writing as to whether repairs will be performed, defects waived, OfnOtiCe32. Buyer and Seller have not agreed in
after suchbusinedsdays -31. If the Buyer notifies the Seller or Seller ’s agent of suchdefects, and if within_-
tj?e inspection(s).defxts. within business days after allSrjllerorSeller’s agent in writing, describing suchmust30. notify
Buyerproperty, compbnents of the
tlolidays.
28. All inspection(s) shall be done within business days of final acceptance of this Purchase Agreement. IfBuyer29. or anyone representing Buyer discovers any defects in the above specified
not include
27. Saturdays, Sundays, and state and federal
11:59 PM and dothisAddendum, “business days ”shall end a2
applicsble regularions and are nor parr of this Inspection Contingency.
26. For the puiposes of
25. with the
DVA, or any other governmental unit shall be done and paid for in accordance
said inspection(s).
24. Any inspection or test done by FHA,
the property reasonably available for
WIG expense.
23. Seller agrees to make
th4 Buyer ’s22. Said inspection(s) shall be at
the21. qualifications of the Inspector(s).
t0aSorprofessionaldesignation_ Buyer Shall satisfy Buyer
t0 dothe20. inspection as evidenced by a license
choici. The Inspector should be qualified
0 Complete Home Inspection
19. Any inspection shall be done by an inspector of the Buyer ’s
18.
p-17.
16 .
15.
Other (specify):
0 Windows
14.
I..-...I._.JFoundation0CentralHeatingSystem
Floor%
13.
n0CentralCoolingSystem
nExterior12. 0 Ceilings
n Plumbing System
11.
L__1 ElectricalSystem0Basement
Phe property to determine the conditionand9.performance relative to the intended function of the following checked items:
10.
I”
8 .of ;
pertaining to the
6. purchase and sale of the property at
7 .
This Purchase Agreement is
a, 20 -Gq9betwennpartiesdated _
OFTHIS ADDENDUM .
5.Addendum to Purchase Agreement
ROUTlNE MAINTENANCE ITEMS ARE NOT PART
BE IN NEW CONDITION.
4.
3 .THE PROPERTY, IF NOT NEW, CANNOT BE EXPECTED-l-0
2. Page
V-,3+&3Date1.
Edina. MNMinnasolaAssociationofREALTORS@, ( DO1
ml$Uae of this form.;r[sing out of use or
IlGblllLydisclaimsany
AssociationOfREALTORS@. which
MinnesomIheapprcvodbyThisform
CONYINGENCY
ADDENDU M
INSPECTEON
011 F-66 5T63-441-469S T-79 9 PiHCti~ISTliiN09:ZlPM FROM-CENTURY 21
P8
SEP-24-2002
01:37PMAPPRAISQLS/BEDROCK PHONE NO. : 763475933 9 Sep. 25 2002FROM : GRIFFITH
e/02)MNrADRAA
IFYOJJ DESIRE LEGAL ADVICE CONSULT A LAWYER.SEiLERS AND BROKERS/AGENTS. BETWEEN BUYERS,
AGHBEMEN~’ IS A LEGALLY BINDI NG C ON TRAC T
Na”
THE RESIDENTIAL REAL PROPERTY ARBITR ATION
ConDa”r4=%5+ham-k,:ccopmy _-..--_ --
The purchase agreement and brokers/agents have agreed to arbitrate as acknowledged bysignaturesbelow.10Partiesall
contract for deed in the purchase agreement. This agreement isonlyenforceableif
effect. adopted by the American Arbitration Association and the Minnesota Association of REALTORS@ shall govern the proceeding(s).
This agreement shall survive the delivery of the deed or
Association shall be the arbitration service provider. The rules, theninAmericam$ation
n’lisrepresentation, warranty and negligence, shall
Thearbitr&&.
including claims of fraud, c3&?
be settled by binding
20 -9Y9
the
purchase agreement dated
them, about or relating to the physical condition of the property covered byparties. or any oftheundersignedbetweenAnydispute
Minnesota.
A/~,+&
State of
Dp&. iv &,Ay&OlOCaledat: tne Property
S=NING.
RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT
For
ABbVE IN FULL BEFOREARBlTRATlONDISCLOSUREI5ANOPTIONAL, VOLUNTARY AGREEMENT. READ THETHIS
or your REALTOR@.AAAavailabLefromtheArbitrationSystemrulesare
laV+Br.
Copies of the
aconSuItSystemrules. If you have any questions about arbitration, call the AAA at (612) 332-6545 or
Arbltratlon System and a general overviewoftheArbitration
This Arbitration Disclosure provides only a general description of the
pay the administrative fee.
the reason for granting or denying an award. Thearbitratormayrequirethepartywhodoesnotprevailto
parties’
agreement. The arbitrator does not have to make findings of fact that explain
mUSt be in writing and may require any remedy the arbitrator considers just and equitable that is within the scope Of the
AAA. Eachpartymaypresentevidence, including documents or testimony by witnesses. The arbitrator must make any award promptly. Theaward
theto5daysadvancenoticetotheotherpartyandsh’e give s
in advance. Apartymayberepresentedbyalawyeratthehearingifheor
law, real estate, architecture. engineering, construction orotherrelatedfields.
Arbitration hearings are usually held at the home site. Parties are notified about the hearing at least 14 days
hatie backgrounds inPanelmustpayanadditionalfee. Arbitrators
apafty. The party requesting
the parties to select and appoinr an arbitrator to hear anddecidethedispute. A three-arbitrator panel will be appointed instead of a single arbitrator at the request of any
AAA works withnotifiestheotherparty. who may file a response. The
AAAAAA. Theadministraarivefee, with thetheappropriatewithDemand, alonga, files
prOVlded herein.
A party who wants to arbitrate a dispute
extend the 24 month limitation periodckimcannotbepursued. In some cases of fraud, a court or arbitrator may
eke theorpOPeflYIhecIosingonarbltratlonmustbefiledwithin24monthsofthedateofthe
to the right to appeal a court decision.
A request for
llmrred
compared
Veryiseppaaianarbitraror ’s awardrcghtsarelimited.The right tobutthetlmetofileyourclaimandpre-hearing discovery
Court, t0lessexpensivetoarbitratedisputesthantoQoand
7.500.
This amount is subject to future change. In some cases, it is quicker
iSCOUrtthanarbitration_ The maximum claim allowed in conciliationCourtfilingfees. In some cases, conciliation court is cheaper
administra?ive fee for the Arbitration System varies depending on the amount of the claim, but it is more than initial
to arbitrate does not prevent a party from contacting the Minnesota Department of Commerce, the state
agency that regulates the real estate profession, about licensee compliance with state law.
The
forwarrantycoverage- An agreement
home warranties) or under private contractsyoumayhaveunderMinnesotaStatutes327A (statutory new
limitsotherrightsmisrupresentation, warranty and negligence.Nothing in this AgreementARBITRATIONAGREEMENT. This includes claims of fraud,
condirion of the property are subject to arbitration under the10thephysical
AAA.
All disputes about or relating
nof affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of the
areA&I and the MARAAAandtheMARjointlyadopttherulesthatgoverntheArbitrationSystem. Thenotgovernmentsponsored. The
isltcourtSystem. 10 theprivafedisputeresolutionsystemofferedasanalternative
ARBtTRATION AGREEMENT.
The Arbitration System is a
you signtheagree!nrBnt will still be valid whether or not
The ARBITRATIONAGREEMENTisnotpartofthepurchaseagreement. Your purchase
seilers, listing and selling brokers/agents. slgned by all buyers,
f?EALTORSB (MAR). The ARBITRATIONAGREEMENTisenfarceablaonlyifitis
of (AAA) and endorsed by the Minnesota AssociationAmerlCanArbitrationAssociation
adminisler’ed by the (“Arbkrarion System ”) ArbitrWon SystemProperryundertheResidentialReal
agrsetobindingarbitration
By
signing the RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT ”) below, you
Court. your right to go toByagreeingtobindingarbitrationyougivoup
buying Or’
selling decided by binding arbitration or by a court of law.
property that you arethephysicalconditionofthe
DlSCLOSURE
You have the right to choose whether to have any disputes about
h?N
ARBITRATION
Edina. REALtOAS@MinnesotaAssociationof@2002. use or misuse of this form.
liabilitv arisina
out of
anyREALTOR&.% Which disclaims
Minne-sats Associationoftne
ARBlTRATION AGREEMEN T
This form approved by
AN0
RESIDENTIAL REAL PROPERT Y
ARBITRATION DISCLOSUREI+..,..,. .:-. .: F-56SP.012+763-441-4689 T-799Da:z2PM FROM-CENTURY 21 CHRISTIANERst~“24-2UuZ
PP01:38PM : 763475933 9 Sep .25 2002GPPRRISnLS/BEDROCK PHONE NO.:GRIFFITHFROM
e it herrrlen ..9$. exceedwsuwadbyBuyer ’s lender shallas ~pec~el assessmentsaaidamountafororescrow
spaclalassessmentsasses~m~nlf. If suchsuchspecialO”~~_--- --- -of any ;,w-
dale’of
ONE I OTHER:-- -
Ior payment onSellershellprovideandassessmenls. specialrucharty
paymenl of
of
85Sdmeshallrifclosing, Buyerzndonorbeforethedale ~grsamentlhisrhedateofeftw ~SLIOCImar,1 Is
oendingofanOtICeI: i-nmediatalySuyerwllJbeprovidedlocleslngbeforenilicereceivedbySellerafterthedateofthisAgreementand
suchArtyagainS: the property. 99sds90dwhichprojectmaybeCO&S ofaulhoritles,theaesssrln~ snyfrompro]ect
improvo7\entregardinganynewnojiosarec~ red --(k&z3Se!ler HASthy, represantsAgreement. Seller (h!sdareofAaofthe
prlvitlsdhareln
i6 nototherwiseThepaymentofwhichthereafter.zrlcloloaingfollowinyyeartheassessmenlspayableinnpeclalanyunpaidshallpayEuvfr
BLyer’s lender.)byreq!!irnUasaseessmenls, or lessoftheamour? estimate6LheNIO (2) times !hta escrow ofpeymer!
51.
55.
56.
prnvision for paymanr shall be b y
49.
50
51
52.
53.
Szlrer’sauthorities. ase;ssslnqoroeredbyanybee0keve7h-iimprovemen!s48.for
zzT~.“.._.__.__.__.__.__ . . . . . . . . ..___..._ . . . . . .. Ag;eemenlUateofthistheasofnssessmsntspendingOF/spel;islBUYERSHALL. ASSUME I SELLER SHALL PROVIDE FOR PAYMENT
Agroerr,enr.:hlsordaltlhc5leviedasofssSe.Ssmenfssoeclalo(hBrclosingalldareofn
clouhg.
BUYER SHALL AS
Ihe year ofpaysbleinanCtaxesdueassessmerealestatespatial
sale.
of
Ihlsclosingof ;heofr9sull23%~ rfqUiredIsvdhlch0: sssssfmsnls, paymanr
sgacialQlc.) orGreenAcres,(iy. laxes ,sstaterealusfsrredc)f closing anydalePAYjonLL---....-_BUYER SHALL PAY -
r,ancies):
nOl
subject to
speclfieo. tallows (unlessRightsoftenantsas (E) improvernenk.: \\*ith existingInterferer,otdr&lnage easements which do
D) UtilityandMinnesota; o fScatsmineralrightsbythesnywilhouteffectiveforfeitureprovisions; (C) Reservation of
01 the
properly
86 or ImprovementRestrIctionsrelatingtoregulations: (a) rt=Le and federallzws.ordinances. ronlogand6ui:ding !A)
10:sub]ecttl;le. markscablGconveylt?g2%~. IfSpouse. IoNned in by
111) (c,rc:a._._........_.- ..,..,_______....____ ___.__._ _.__.. Sall+r shall deliverDtedBuyer, Uoon performance by
@=,w-.
DEED/MARKETABLE TITLE
aCached addendum (\f answer is IS. seeNOT>irb)er;l t o an Inspection Addendum. 4iAyr6xwn~n!ISPurcha_,eThis
46.
47.
G.
44.
45.
r0.
41.
42.
3E.
39.
datea __
34.
35.
36.
37.
wrken Purchase AgreementpretiloirsiyasecttocancellationofJSIAyreemenlPurchaseThis
applicablb.)f!nancinQ isIf :Inanclng, obtainahllityto &ill affect Buyer ’smayBuy&s properly, I! any. closing of1sISNOT. theanswer (lr
sl[achBO addendum.)~8sisIS, allswrrf (Ipr0psri-Y. COnIlngency Adoendum for sale of Buyer ’:. 1ect lo a ‘s,!,purchase AgreementThis
OD,Y) (jl$,,,!,@,Z,<..____......_...._..__............. _-_--------.-- . . . . . ..-... ..~.---.-.----.--------- . . . Mortgege Other:Purchase MoneyFHADVAAssumptionContracttorOeedConventIonal
alrsc.hed addendum:rhewi?haccordincairrllnsnctng & _--./,_ . . . . _“,..-___--._- ~kasaef-$~_.~.-
closing.end
follavingheatllatafs: AND: the ~0r8e.n~. doors anddstecx~rs;flreplacexmtr&: smoke $11andgaragedooropenersmlrro~.s:
IofsrCOml;
ATTACHED; carpeting:
fans, mIcrowave ovens. hoodstoves. conrpBc?ors, ovens,cook topBULLT-\NS: dishwashers. garbage disposals trashwirinp;
andJacksTVcableantenna, televisioncontrotc, (If the property of Seller). sump pump ’ attachedIlquidgastankanddenumldlflar, humidif!er and
filter,elecrronlc aircandltlonlngequipment. eirhullt-intharewitt,). oonnection
snyplan16 (withheater, heatingwaterfixturc$, plumbingbulbs:
lighting
fixtures and
a?trchrddreperyrods; cLlr?ein and2nd (raversehlmds, shed66. windowawr.ings; scr8snG andstormsash. storm doors,
and
trees:
Plants. shrubs. gerden bulbs. said property: lo&d onsellerandusedandown&l byIfany, prcper?y,fcllowlngthezudlng
descrihba as:
localed at :
State of Minnesota,
Legally
proonrtyrheoT
PWChasaIf3ciYertoreturnedbQtollstlngbrokerbutaccauntofafteracceptance, In rhe trustdaybusinessthirdthe ,&,rs
onorPariiQslallbyaeposltatluponacceptanceofPurchaseAgreementasearnestmoneytobe
iQ_(gDokrsps__ .&VVlt- xPI ~jfnJz~~ [\G
Ot=,WZEIVED
of -1
realtyeCOITU
PURCHASE AGREEMEN T
2.page
F
5.
6.
3.
4
Li:Z:SEP-lo’-2002
P.03715.34162&9PEILILTYCOUNSF.LUR
Pl03:30PM : 763475933 9 Sep .19 2002APPRAISQLS/BEDROCK PHONE NO .GRIFFITHFROM
i/
C)hld
9-/+&I_-.,-_._“__.,._
x;0-_
Buy-r
165.
S*llar ._.--
182.I ._-“_-
Dsllor - -
127.
l&O.
17g.
179.
177
65.170-Itrarxaction. Disregard linesNOTapplyinthisrepresenrallonDOESDLJZIIAgency
m OF THE FOLLOWINGSELECTIONSCl-JECKE
REPRESENTA.nOr 1_~~“ _..”DUAL AGENCY
RELI
PROBtEMS
BUYER
MAOE RE
P ON ROOF
FOLLOWIN
EEN
CA&ED
ON THE
BUYE THAT NO ORAL R
DAMAGE
55.
iALL OBLIGATE
TOMPLIANCEFOR
INDICATIN
A VALID CER T
INSPECTtO E
AUTHORIn
EM
ERNING
OBLlGATlON
INSPE
ES WITH APPLICABLE RE
IS
ENDER, A LICENSED
QUALI
S TO PROVIDE. IF REQUIRED
IDE WATER
137.
121.Address
122. Page 3
her&n noted:
underaround storage- -
tanks, except
suostances. orhazardouethemarenoknowledoebesLoftheSeller’s
136
ENVIRONMENTAL CONCERNS: To the135.
possassion date.ptoperty byIhlCLUDEDHEREINfromthePROPERrYNOT
AliPERSONALDEBRIGANDcloalng. Seller agrees to remove ALLnaturagasshallbeproratedbetweenthepartiesasofdaleof
endelectrici$ sew;< citycitywater, char&s forrents,fuel oil, liquid petroleum gas and allassaclatlondues,
closrng.
All Interest. homeowner
after [&G-P.h1tharlpropertynotlater &all deliver possession of the
esl;ate taxes.
POSSESSION: Seller
subsequenl realamountofconcerningtheprovided.No representation- are madeolhsrwlsoherein
or which is
not
lne paymentrhoreafter. closing andastatetaxesdueandpayableintheyearFollowingp3yreal6uyershalldueandpayable.
when they become&OStaxas. Buyer agrees to pay any remaining balance of non-homesteadastats
Fnti
toward the non-homestead real
F6-!L-SctosirigtopayBuyeratSeUeragrees
30.
131
132 .
133 .
134.
328.
129.
is circled.
127.
ctessiffoationornon-homesteadclasslflcatlon. If partandhomesteaddU8o&e. Seller warrants taresnewclosinglotheRdjustedheoaldshall, II prorated. es
i2E.
125.
a...... ~ ____.- -“a,\ _a,.c, ,~~~.______. _.alfthsYa8.rtheinpaysbls8nddtieZ~YISrsal8stare12ths, AL L, NONECLOSINGS ’osy PRORATED TO DAY OFSellershall
cirrir,r.-YearsInthepeyable8ndnuetaxesestateCL0~1NG~_llths. ALL, NONE realDAYOFPRORATF~Q_!,? pashallbuyer
P.O?
12 3
124.
IF,2499SE,34REALT?ISELO”’ T_OU! II:?4SEP-I~-~~:II~Z
03:32PM P 2: 763475933 9 Sep . 19 2002RPPRAISQLS/BEDROCK PHONE NO.: GRIFFITHFROM
LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
P 3
109 IF YOU DESIRE
BC-.TWEEN BUYERS AND SELLERS.208 THIS IS A LEGALLY BINDING CONTRACT
L_--__-c-FINAL ACCEPTANCE DATE
Sletus)
207.
hlsrilal - optional)Social Security NumberSte\ur)
k
Maritaloplional)- Securily Number (E&al
206.X
Name)PrinledPr1nte.3 Name)(Buyer ’sSeller’s
205.X
Buyris Signature)(Dale)Date)
X--- . ~_.___-
Signalwe)
Slatus)
204.X
Seller’s
op(ional)(Marital - Srslus)(Social Security Number (h:arlialoptionalj- Securllr, NumberSocial
x X203.
Dale)
Namn)Prinled
Purchare Agreement.
201.
202
Seller’s Signature)
X
Seller’s
thisreviewedallpagesof
abow?.
I have
faflhsotcondltlens4ththetermsend
aocordancepriceandinthepropedyforthepurchasewagree
Agreemom.
I
Lhls Purchasepagesofellhavereviewed
otherwIse In writing.
200.I
lnstrucledmurrksl, unless199.the
said propertyfromwllhdrawIlclingbrokertoauthorliethe
prppevly. accept this Agreement and
198.
LhCofownar197.I, the
1.)pajia2oflir,eonincludingaddenda. 196.Agreement.
P5.7
794.
192.
193.
191
190 OTHER_
SELLER@\.. .
SELLER(SI
RECEIVCO AND HAD TH E
RESIDENTIAL REAL PROPERTY ARBITRATION AGREEMENT.
I HAVETHAT
F.U’;7ts34162495
03:33PMSep .19 2002
PEFILT11:z’F COUNSELOR13-2G7!?2SEF.-
RPPRAISALS/BEDROCK PHONE NO.: 7634759339:GRIFFITHFROM
AWICE. CONSULT AN APPROPRIATE PROFESS IONAL.LErZ&,- OR TAXOES14E ‘COUIF SELLERS.BUYERS ANDBETWEe,., CONTWTBINDJHGISALEGALLYVW
IUUyeC.- ___ -- ---!Crw_.-__.____
hle).- “‘----FalEr:-16.
15. OTHER:
Shall survive delivery of the deed or
14. contract for deed.
This provisiongr&wrty. me condition of thetoarliabilitywithrespect13. responsibility
SelIr?r has nofurtherAGFIEEMENTAREVOID. TheTHISPURCHASEINPROPERTYCONTAINED
thcJ date of this addendum.
11. SETTLEMENT IS FINAL: It is understood the Buyer accepts the property “AS IS.” ANY WARRANTIES OF PHYSICAL
12. CONDITION OF THE
10 make a pre-closing inspection of the
10. property. to determine that the properly is in the same condition as of
rightthearBuyer ’s expense. Buyer shall have
prDpzrty or to have them inspected
9. by a person of Buyer ’s choice.
hea& duty to inspectrightINSPECTtON: Buyer shall have theANDDUTYOF
not new. and is being purchased “AS IS.”
8.RIGHT
ir;cluding the dwelling, other improvements, fixtures,
7. appliances and personal property. is
c-d by Buyer, _purcha.
m-_
6.CONDITION OF PROPERTY: The property being
3.Y)- mbma_ etsaieofthepropertysnd4.
@&rtaining to the purchase#Detwecn parties dated9AddendumtoPurchaseAgreement
2. Pag e
P.Oi,
counselorrealtyinc.
1. Date
763~11E,Z1’3’3
03:33PM P 4Sep.19 2002
REliLT’,106 &EL ~:OLltII:‘??SEP-_1’3-20&
763475933 9QPPRQISRLS/BEDROCK PHONE NO.:GRIFFITHFROM
t)R TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.LEoALIPYOUDESIRE BUVERS AND SELLERS.Et-EENBINDfNGCONTRACT (S A LEGALLY
g/GO)
THIS
MN-APA
37.
38.
ar
8.
22.
23.
24.
25.
26.
27.
20.
29.
30.
31.
32,
33.
34.
35.
36.
proper\ysoleofthe
o the purchase
4.and
ted pertainingpartiestoPurchaseAgreementbetweene!GAddendum
Lfq/c;“c-
3.
a
Edine. MNREALTORS@. OFAseOUaUcnhflnoe8oLs@2oOO,
lhls form.mlsuss ofuraorarislngoulof
IlsbllllydlsclelmsanywnrchRWLTORSS.
01AssoclstronMlnnssotaVWarqwedbyformthis
ADDENDUMTOrealtyinc.PURCHASE AGREEMEN T
P5
763416249 9 P.0 7
03:34PM192002
T‘r’
Sep .
FFril, J-IFI’?+1l~.l-\lJ11:z?F,3-2’1302ISEP-
7634759339F~PPRI=IISQLS/BEDROCK PHONE NO.GR II =F IT ti :FROM
WO2)MN:AGRAA
LAWPR.C0NSUL.T AIFYOUDESIRELEGALADVICEBROKERSIAGENTS.
PROPERM ARBITRATION AGREEMENT IS A LEGALLY BINDING CONTRACT
BETWEEN BUYERS, SELLERS AND
arbitrat8 as acknowledged by signatures
below.
THE RESIDENTIAL REAL
If all parties to the purchase agreement and brokers/agents have agreed to
This agreement is only
enforceable
purchas8 agreement. survive the delivery of the deed or contract for deed in theshallagreementThis
Arbitratlor. Association and the Minnesota Association of REALTORS@ shall govern the proceeding(s).
grovider. The rules, then in
effect, adopted by the American
servicertrationshallbethearAmerlcsnArbitrationAssociationbindrngarbitration. The K*be settled by
rbsemation. warranty and negligence, shallmisreclaimsoffraud. I including20_ I
condition of the property covered bythepurchaseagreementdated
to the physicalorrelatingparties, or any of them. abouttheundersignedeen \
Minnesota+;I&3 State ofYu , County of ”r-w-
C l‘r407Aat:_iocatedtheproperty
ARBIT-TION AGREEMENT
For
PROPERTY
ARBlTRATlON DISCLOSURE ABOVE IN FULL BEFORE SIGNING.
RESIDENTIAL REAL
READTHEDPTlONAL,VOLUNTARY AGREEMENT. THIS IS AN
REALTORB.AAAor your
lsWY8r.
Copies of the Arbitration System rules are available from the
PPA at (612) 332-6545 or consult aArbitrationSystemrules. If you have any questions about arbitration, call the
OvervIewofthedescrlprlonoftheArbitrationSystemandageneral
adlrrinistwtive fee.
Thls Arbltration Disclosure provides only a general
any thetoprevailv~h-ha does not
an award. Thearbitratormayrequiretheparty
fact that explain the reason for granting or denyingfindingsoftomakedoesnothavearbjtrator
withir. the scope of the parties ’
agreement. The
idthatequitableconsidersjustand
AAA. Each
party may present evidence, including documents or testimony by witnesses. The arbitrator must make any sward Promptly. The
award must be in writing and may require any remedy the arbitrator
thet0otherpartyandthenoticetoadvancaOTshegives5daysIfhemayberepresentedbyalawyeratthehearingApartydeysinadvance. leasr 14Partlesarenotifiedaboutthehearingat
flelds.
Arbitration hearings are usually held et the horns site.
relate@
otherconstructlonOrpanel’must pay an additional fee. Arbitrators have backgrounds in law, real estate, architecture, engineering.
arlC?UeSllngofanyparty. The partyattherequestdispute. A three-arbirraror panel will be appolnted instead of a single arbitrator
decide
the
arbitrator to hear andAfUworkswiththepartiestoselectandappointanmayfilearesponse. Theotherparty, whonotlflesthe
f4AAAAAThewiththefilesaDemand, along wlth the appropriate administrative fee. disp~.~tewantstoarbitratea
heretin.
A party who
period providedmonthlimitatlonextendthe24may8courtorarbitratorcasesoffraud, claimcannotbepursued. In some
within 24 months of the date of the closing on the property or else thefllodrnuctbearbitration
declslon.
A request for
arbitrator’s award Is very limited
compared to the right to appeal a court
right to appeal anThelImited. to file your claim and pre-hearing discovery rights arethetime
disputes than to go lo court. bur;t is quicker and less expensive to arbitrate
allowed in conciliation court is $7,500.
This amount is subject to future change. In some cases.
claimThemaximumarbitretlon. keS. In some cases, conciliation court is cheaper thanfiling
COlJrltheclaim, but it is more than InitialadmlnistrativefeefortheArbitrationSystemvariesdependingontheamountof
compliance with state law.
The
licensee6rrateprofession. abouttherealtharregulatesagendy
does not prevent a party from contacting the Minnesota Department of Commerce, the state
Statutes 327A (statutory new home warranties) or under private contracts forwarrantycoverage. An agreement to arbitrate
under Minnesotahavsmay
limlrs other
rights YOU
fistud, misrepresentation, warranty and negligence. Nothing in this Agreemen? Yhls Includes claims of
ara subject to arbitration under the ARBITRATIO N
AGREEMENT.
prop&ythephysicalconditionofaboL!t or relating to the
WA.
All disputes
not affiliated. Under the ARBITRATION AGREEMENT you must use the arbitration services of the
AAAand the MARareA-4A and the MAR jointly adopt the rules that govern the Arbitration System. The
Ir Is not
government sponsored. The
cllspute resolution system offered as an alternative to the court system. private3Systemis
not you slgn theARBITRATIONAGREEMENT.
The Arbltration
whether orstillbevalidwill
listlng and selling brokers/agents. The ARBITRATIO N
AGREEMENT Is not part of the purchase agreement. Your purchase agreement
AA.4) and endorsed by the Minnesota Association of REALTORS@ (MAR). The ARBITRATION AGREEMENT
is enforceable only if it is signed by ail buyers, sellers,
AssociarlonArbitr+tion
Residential Real Property Arbitration System (“Arbitration System”). administered by theAmericanbIndIngarbitrationunderthe
right to go to court. BysigningtheRESIDENTIALREALPROPERTYARBITRATIONAGREEMENT (“ARBITRATION AGREEMENT”) below, you agree to
arbitration you give up youragreeingtobindinglaw_ Byarbltratianorbyacourtofdsoldedbybindingselling
buyingorpropertythatyousrephyslcalconditionofthedisputeseboutthewhethvrtohaveany
Eoina. MN
ARBITRATION DISCLOSURE
You have the right to choose
wsociarlon of REALTORS@. Mlnnesola ,~:2002.
mis form.misuse ofPTofuse0uJ
arisinQIlabilily
oi
REALTORS@. which disclaims any
AssocislonMinnesotaLhefarmapprovedby
RESlDENTiAL REAL PROPERT Y
ARBITRATION AGREEMEN T
This
P.E58
ARBITRATION DISCLOSURE AN D
03:34PM P6
7634162499REQ_T‘r
Sep .19 2002
ISELCiR ~Zll_ltII2 -i11: IT-2002SEP-
7634759339NU.QPPRRISRLS/BEDROCK PHONE :GRIFFITHFROM
sroo)TLX:SkLE
spealliodwithinthetimewriting
wa’ver
or removal In
sotirrg on behalf of seller of the01‘ asslstln~ IlcenseerealestateIh8sellerornotlfiesasslstlngoractingonbehalfofpurchaser
real estatelicenseepurchas8rorthet’hat thecontingency, providingthisremov& d&lclencies or defects, orvalveunllato~ally
ourchaser
may
refundad to the ourchaser. it Is understood that theshallbemonavar’ld all earnestvoid. aUlOmatlCal!v be deemed null and
Ihe Purchase AgreementshallmaJe. bewillth‘e -purchase pricelo8nadjustment (6) deflclencles: orwalve; thepuiehaser
he@Ireauiredcorrectionswillbemade; orthe (A) some or all ofcerroa?l~n~ that: reaulredllstofw&ten ?hedeliveryofafter
2) calendar
days
lhreeiYithinInspectIonreport. If the seller and purchaser have not agreed In writingsosossmsntorcopyofanyrisk
w~ih
a
dafloienoies and the corrections required, togetherspeclflcll6tofthewrktenflmelycompleteda3SBezjsmsntorinspectionIs
lhree (3) calendar daysafterthesohalfofsellerwithinactingonassistingorestatelicenseedeliverslosellerorrealofpurchaser
Icens~~ assisting or actingonbehalfestaterearourchaserorunlesseffect. fkce andbeInfullchallPurchaseAgreementtheendremorad,
continaincv shall bedeemeddaysafteracceptanceofthePurchaseAareement. This /-_--_calendar (10)
lnspeotlon shell be completed within
ten
expense. The assessmenr orLhepurchaser& pslnt hazard6 to be conducted a?
lsad-
based
properry for the presence of lead-based paint and/orconllngentuponarlskassessmentoranInspectionofthecon?rac? IsThis
above is checked.)(e) letrerPurchaser% AcknowledgmentbarunderfirstIfonty (InttlalCOntingenCySectionII:
ON0diz-9-f-9
thetheInformationprovidedbyrhat
Accuacy
signatory is true snd accurate.
Certlflaatlon of
compliance.rsspon~ibllity to ensureIiconsee’e
awareofIs4852(d) andU.S.C. obligations under 42Iheseller ’sastatalicenseehasInformedthesellerof (9 Real _-
Inlrlal)icknowledymentLlcenaee’s
and/or
lead-basad paint hazards.
Real Estate
lnspectlon for the presence of leed-based paintassossmontorriskopporiunltytoconductaWaivedthe &I
II below); orSecfioonchcscked, seehazerds. (Ifpal?tand/or lead-basedpaint
for the
presence of lead-based
to conduct 8 risk assessment or inspectionperlad) Received a IO-day opportunity (or mutually agreed upon17
one below):(e)Purchaser has (check -
Lbur Home.InL88dFamilyfrommurProtecfpamphlelthereceived _(d)-Purchaser has
llsted under (b) above.ooples of all Information (C)purchaser has received
In/r;&)AcknowledgmentPUrChaS8r ’s
and/or lead-based paint hazards in the housing.palntlead-hased10pertaininghbsnoreportsorrecords
I_
Seller
documenrs below).(Il s thousInginthe
P8lnt
hazards
and/or lead-basedper:ainlng Lo lead-based-pointr’sporlsavailablerecordsendwithall
avaIlable to the seller (check one below).
Seller has provided the purchaser
houslng.
Records and reports
palnt hazards in theand/or lead-basedpaln?
0
Seller has no knowledge of lead-based
0)-
C J
cupklnj.houcinylnthepainthazardsarepresentandlorlead-based123Knownlead-basad paint
one below):fead-based paint hazards [checkand/or (a>Presence of lead-based paint
Inlrlai)
prjar to purchase.
Seller’s Disclosure
hazards Is recommendedinspecfionforpossiblelead-based printor
assessmen:risk /cad-basedpaint hazards. Aananotifythebuyerofanyknownin8PecUOnsintheseller ’s possession8ssassmen~8 or
nskonlead-based paint hazards fromintibrmstionrealpropertyisrequiredtoprovidethebuyerwithanyresidenfialin /n&restany
oiropregnantwomen. The sellerriskpoison/ng a/so poses a particularmemory. Leadimpairadbohevlorslproblems, andquotient.
ntelli3enceaIsa&lJjfies, reducedIearningneurotoglcaldamage, includingparmonerr! chMdren may produceWIyoung
poisoning.Lea d
poisoning
ofdeveloping leadatriskch/idrenp/ace youngmaytharpeinttoleadfromlead-basedproperfymaypresentexposure
thalsuchnofined7978ispriortobuiltdwslfinywasredldentialpropertyonwhicharealInresidentialinterestEverypurchaserofany
Section 1: Lead Warnlng Statement
atsaleofthepropertypUrChaS8and10thepertsinlngparllesdatedAgreamonrbetween
6ctlns. MN
Addendum to Purchase
EALTORSO.
Ihls form.ofmisuseoruseoutofsrlslngIlabilitydlsclalmranywhich
kssociatlon of REACTORS@,Mlnnesolaspprovedbythefhlsform
Paint Hazards
Disclosure of lnformatlon on Lead-Basedrealtyinc.Paint and Lead-Based
P.W9
Addendum to Purchase Agreement
763_11&&Jq’xI!:,ELI:IR REALT Y~I’i_~~_il11:281-2002
03:36PM P 7
SEP-
QPPRAISQLS/BEDROCK PHONE NO. : 763475933 9 Sep .19 2002 :GRIFFITHFROM
follows:
1.
2.
3.
4.
5.
6.
The service door to the garage is rotted.The door should be replaced.
There is an open junction box and a missing outlet cover plate in the garage.
Both items should have plates.
The smoke detector on the main level in the house did not function.Repair or
replace.
On the upper level both three prong receptacles in the blue bedroom are
ungrounded.They will either need to be grounded or the plugs will need to be
changed to two prong ungrounded receptacles.
On the upper level in the green bedroom the plaster ceiling is falling down.
This ceiling will need to be repaired.
In the upper level green bedroom the windows do not function properly as they
will not stand in a held open position. The windows will need to be repaired or
replaced.
in accordance with Plymouth City Code
Section 405 concerning housing maintenance.This section of code contains provisions
relating to the maintenance of residential properties, either owner occupied or rental.
The violations noted were as’
FROM:Warren Kulesa, Housing Inspector
SUBJECT:Inspection at 4020 County Road 101 (Mills)
At your request I inspected the property at 4020 Co. Rd. 101. This property was
purchased by the City after previously being owned by the Mills family. The following
list of code violations was prepared
Co’mmunity Development-
DATE:October 1, 2001
TO:Anne Hurlburt, Director
Insp.docihm\WK\4020 Co. Rd. 101
WK:jb
the laundry tub . Th is su m p
pu m p w ill need to be d irected so as to discharge to the exterior.
The furnace in the house is quite old ; it s hou ld be inspected by a licensed
con tractor to ensure that if functions properly.
2001
7.
8.
9.
10 .
11 .
In the large upstairs bedroo m the w indow does no t f unc ti on properly as it w ill
no t stay in an open position. It w ill needtoberepairedor replaced.
N ohandrail is present to the upper level landing area. A hand rail should be
installed to the upper level landing area.
In the base m en t t here are nu m erous open junction boxes , s w itches w it h m issing
cover plates, and outlets w it h m issing cover plates. A ll electrical boxes w ill
need to have p lates installed.
The su m p pu m p in the base m en t area is plu m bed to
1, 3225 Co. Rd. 101 Page 2 A ugus t
1” Floor Level
The bathroom ceiling has settled and
need to be replaced.
it appears that the gypsum wall board will
The bathroom floor is out of level and tapers toward the bathtub and lavatory.
be tuck-pointed.
Detached Garage
Portions of the siding and fascia board show signs of deterioration and need to be
replaced.
The garage service door will need to be replaced.
The poured concrete foundation wall located on the south side of the garage is
severely cracked, including the garage floor and must be repaired.
The electrical wiring within the garage needs to be supported, and the open
junction box located on one of the ceiling joists will need to be properly covered.
0 Some of the masonry block foundation around the home show signs of missing
grout and will need to
0 The entire home should be reroofed and properly flashed at roof/wall
intersections.
Portions of the exterior siding must be replaced along roof/wall intersections.
Portions of the fascia board and roof sheathing should be replaced due to
deterioration.Some of the exterior windows along the north side of the home
show signs of deterioration and should be replaced.
Both the front and rear doors will need to be provided with new landings.
28,2002
The following items represent site observations relating to the above referenced property,
and are for general informational purposes only. The items contained in this report are
not intended in any way to be an inventory of actual code violations or deficiencies that
may exist on the property. The purpose of this report is intended to offer assistance to
potential buyers. Any interested parties must rely on their own inspection and evaluation
of the property.
Exterior
Portions of the yard area must be regarded so as to provide a positive slope away
from the foundation wall.
lOl
August
4020 Country Road
0 In lieu of this, the entire cellar entrance should be removed with the opening
backfilled to grade.
entranci to the basement contains a masonry block which will need to
be completely replaced.
The cellar door will need to be replaced.
The staircase will need to be replaced with treated lumber.
0 The basement windows show signs of deterioration and will need to be replaced.
The cellar
0 The closet at the top of the hallway contains a light fixture which will need to be
removed.
Basement Level
0 The south end bedrobm walls show signs of cracking which will need to be
patched.
0 The plaster ceiling in the west bedroom will need to be completely replaced.
The walls and ceiling of the west bedroom closet will need to be patched or
replaced.
0 An additional handrail will need to be placed on the top three risers of the
staircase which can terminate and the landing level.
a The stairway will need to be provided with a handrail along the north wall of the
home. An additional handrail will need to be placed on the top three risers of the
staircase which can terminate at the landing level.
The fixed window unit on the north wall of the stairway will need to be removed
or provided with tempered glazing.
2”d Floor Level
x 3’) which will need to be
replaced and secured.
the floor (approximately 1 ’ 0 There is a small area on
0 The dining room directly west of the kitchen has a ceiling which is cracked
throughout and will need to be replaced.
The closet serving this room will need to be completely restored, including walls,
floor and ceiling.
29,2002
The ceiling of the room directly in front of the bathroom is cracked and will need
to be repaired. The floor in this room is also out of level and slopes toward the
north end of the home.
l 0 1
Page 2 AugustInspectionReport
4020 State Highway
101 .docIBC/Jryan/ 4020 Co. Road
will need to be provided.
In closing, these items represent site observations relating to the above referenced
property, and are for general informational purposes only. The items contained in this
report are not intended in any way to be an inventory of actual code violations or
deficiencies that may exist on the property.The purpose of this report is intended to offer
assistance to potential buyers. Any interested parties must rely on their own inspection
and evaluation of the property.
JR:jb
0 New driveway access
S New municipal sewer and water service will need to be provided to the property.
0 The furnace and water heater will need to be replaced.
Other Considerations
The existing well on the property must be sealed and grouted by a licensed well
contractor.
The septic tank serving the home will to be properly abandoned per Hennepin
County regulations.
0 This same room shows signs of water seepage along the entire first course of
masonry block along the floor.
The masonry block within this same room show signs of cracking through the
block as well as along the grout lines in various locations.
0 The floor serving the room adjacent to the laundry tub is severely cracked and
heaved, and will must be replaced.
0 The dishwasher drain must be removed and tied into the plumbing system of the
home.
A mechanical exhaust fan will need to be provided if the basement bathroom is to
remain.
There are may open junction boxes which will need to be covered.
29,2002InspectionReport
4020 State Highway # 10 1
Page 3 August
I, ’yy-
I_.__;.. -._,,.........._
L. j.....
a_
i...._-.__,
c
I--
1__
r-
r--
7---.-....+___
L--... . . . .
p--’
2
1
@g;,_,/,,;
L
r-.
I
EB/np
2/3 of the project. The
2003 City budget includes $309,000 in the capital improvement levy. This money is
currently earmarked for finish the lower level, bringing the total budget to approximately
900,000. If, however, the legislature cuts the 2003 general fund budget, this money may be
gone and not available for construction.
RECOMMENDATION: Based on everything we know at this time, staff feels the most
prudent thing to do is to wait and know all of the financial ramifications before we begin
construction. Therefore, staff is recommending the Council opt to delay the project until after
the legislature adjourns and we know our total financial picture.
20* memorandum from the architect outlining the cost for building the
project in one phase or separating it into two phases. As was previously mentioned to the
Council, it is obviously more expensive to construct the project in two phases. Two phase
construction also increases the amount of disruption to the use of the building and the
cleanliness. I am concerned with outside delivery and storage of construction materials
interfering with the opening of the Millennium Garden.
Dwight and I have discussed this with staff and feel there are two options at this time. Option
1 is to proceed with the final plans and specifications and go out for bid late this year or early
next year. Construction would begin in the first quarter of 2003 and hopefully be completed
by April. Option 2 would have construction waiting until after the legislature adjourns and
we’re aware of any negative effect the legislature enacts to our operating budget of 2003.
Under this scenario, plans and specifications would be completed in the spring of 2003.
Bidding would take place over the summer and construction would start sometime after July.
BUDGET IMPACT: At this time, we have approximately $600,000 identified that could be
used on the project. This amount would allow us to complete about
1,2002, for Council Meeting of October 8
Plymouth Creek Center Lower Level Finishing
1.
2.
3.
4.
ACTION REQUESTED:The Council should give direction to staff on the timing of the
construction of the lower level of the Plymouth Creek Center.
BACKGROUND: Previously the City Council had directed City staff and architect, Del
Erickson, to prepare concepts for the finishing of the basement of the Plymouth Creek
Center. The Council reviewed these concepts at a work session earlier this year. The issue at
this time is the construction schedule the Council wishes to pursue. Attached for Council
review is a September
5ii.a
TO:
FROM:
DATE:
SUBJECT:
Dwight Johnson, City Manager
Eric Blank, Director of Parks and Recreation
October
Agenda Number:
2002-
APPROVING THE TIMING OF THE PROJECT FINISHING THE LOWER LEVEL
OF THE PLYMOUTH CREEK CENTER
WHEREAS, funding for the finishing of the Plymouth Creek Center lower level is in jeopardy at
this time, and
WHEREAS, dual construction will cost more in both time and disruption of the Plymouth Creek
Center,
NOW, THEREFORE, BE IT RESOLVED BY THE PLYMOUTH CITY COUNCIL that staff
and the architect are directed to proceed with the timing of the project that will bring this forward
after the 2003 City budget outlook is known.
Adopted by the City Council on
CITY OF PLYMOUTH
RESOLUTION
I $476,500TotnlPhase
A/E Services 50,000
Furnishings and Equipment 40,000
Add Design Services and Expenses 4,500
34,500IO%-
1
Construction Cost $347,500
Contingency
Phase
an
alternate, Phase II construction in Fall 2003.
Phase 1 provides a multi-use room and unfinished tiered multi-use space with estimated costs as
follows:
would be bid this Winter for Phase I construction in Spring 2003, and as
meeri@ was to split the above budget in a phased
approach which
9%61,500
Furnishings and Equipment 85,000
Interior Design Consultant 4,500
Acoustic Consultant 1,500
Reimbursable Expense 3,000
Grand Total $909,000
The cost estimate we shared with you at bur
A/E Services
10%68,500
Constxuction $525,000
M&E Systems 160,000
Contingency
Winrer, bad the following budget:
General
10,2002, based on a single project to be bid and
constructed this
The cost estimate in my letter of July
rhc
following:
the Center, we summarizeofoftheunfinishedlowerlevels.f.) area
Plymouth, Minnesota 55447
Re:Plymouth Creek Center Lower Level Finishing
Commission No. 0213
Dear Dwight and Eric:
Per our meeting last week regarding the cost estimate and phasing of the complete
approximately 7,200
Direct01
city of Plymouth
3400 Plymouth Boulevard
R
20: 2002
Dwight Johnson, Ciry Manager
Eric Blank, P
612-544-8370
September
WAYZATA BOULEVARD
MINNEAPOLIS, MN 55426
DELANO ERICKSON ARCHITECTS
7415
DE/tit
15,2002. Please call me with any questions.
Sincerely,
DELANO ERICKSON ARCHITECTS
Del Erickson, AIA
Expenses 6.000
Total Phase I $619,000
First-2004 (complete project as single phase)
This includes estimated cost increase due to
construction cost escalation of six-month delay $975,000
I will be available to review the foregoing and illustrate the phases involved on or after
October
9%55,000
Furnishings and Equipment 50,000
Add Design Services and
A/E Services
10%46,500
2/3rds of project)
Construction Cost $462,500
Contingency
I (approximately
m.v. space and music rooms in additioo to the multi-use room.
Mid-2003 Phase
1 includes finished tiered
JanuarylFebruary 2003 and constructed by Summer 2003.
A second scenario would be estimated for all construction to be bid as one phase in Summer
2003 and constructed by Winter 2004.
Phase
project to be bidof2/3rdsIof
roral to be $97’5,000.
After discussion of the above options, you asked us to prepare a scenario and cost estimate for
Phase
a single project in Summer 2003 for Winter construction and
completion, we estimate the
A/E Services 15,000
Furnishings and Equipment 45,000
Add Design Services and Expenses 5,000
Total Phase II $477,000
Grand Total Budget:$953,500
If both phases were bid as
Dwight Johnson, Eric Blank
September 20, 3002
Pap 2
Phase II completes the project with music, conference/concession area.
Construction Cost $375,000
Contingency 37,000