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HomeMy WebLinkAboutCity Council Packet 06-28-2011RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JUNE 28, 2011, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allottedfor the Forum. Ifthefull 15 minutes are not neededfor 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 staffor Commission forfuture report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Accept donation from CenterPoint Energy for purchase of equipment for the Fire Department (Fire Chief Kline) (Res2011-200) 4.02 Present Certificate of Achievement for Financial Reporting (Administrative Services Director Cal Portner) 4.03 Recognize Park and Recreation Director Eric Blank 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staffdirection 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 ofthese items unless a Councilmember or citizen so requests, in which event the item will be removedfrom the Consent Agenda and placed elsewhere on the agenda. (Approved) 6.01 Approve Change Order Number 2 for the Zachary Hockey Rink Replacement Project (Res2011-201) 6.02 Approve disbursements (Res2011-202) 6.03 Approve a PUD Amendment for a child care center within the Interfaith Outreach and Community Partners PUD located at 1605 County Road 101. Regular Council Meeting 1 of 2 June 28, 2011 Wazyata Independent School District #284 (2011031 — Ord2011-16, Res2011- 203, Res2011-204) 6.04 Approve a Preliminary and Final Plat and Variances for "Dog Park," a two -lot subdivision for the purpose of acquiring additional land for the Northwest Greenway and Plymouth Dog Park for property located at 5835 Dunkirk Lane. City ofPlymouth. (2011032 — Res2011-205) 6.05 Approve Payment No. 2 and Final for Wild Wings Flood Protection Improvement Project (7135 — Res2011-206) (tabledfrom June 14) 6.06 Approve Final Payment for 2011 Crack Repair Program (11009 — Res2011-207) 6.07 Award contract for Lancaster Lane Mill and Overlay and Watermain Replacement project (I 1010 — Res2011-208) 6.08 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.03) 6.09 Approve application of Old Chicago to temporarily extend the licensed premises for an event on June 29 (Res2011-209) 6.10 Adopt Ordinance amending Section 1016 of the City Code regarding park facility fees (Ord2011-17) 6.11 Accept donations for Park's Sponsorship Marketing Program (Res2011-210) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.01 Receive and accept the 2010 Comprehensive Annual Financial Report Res2011-211) (Approved) 8.02 Consider Social Host Ordinance (Ord2011-18) (Approved) 8.03 Consider a Zoning Ordinance Text Amendment to amend the requirements for scoreboards in the public/institutional zoning district (2011034 — Ord2011-19, Res2011-212) (Previously item No. 6.08) (Approved) 9. REPORTS AND STAFF RECOMMENDATIONS 10. ADJOURNMENT (9:12 p.m.) Regular Council Meeting 2 of 2 June 28, 2011 rp)City& Agenda 4.0 1PlymouthNumber: 70— Adding Qwftty to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Richard C. Kline, Fire Chief June 28, 2011 Reviewed by: Item: Accept Donation from CenterPoint Energy for purchase of equipment for the Fire Department 1. ACTION REQUESTED: Approve the attached resolution accepting the CenterPoint Energy Community Partnership Grant donation of $650 to be used towards the purchase and one automated external defibrillator AED). 2. BACKGROUND: The Fire Department has been awarded a grant through the CenterPoint Energy Community Partnership program to assist with the purchase of an AED. Annually, CenterPoint Energy has awarded grants to cities served by the company through the Community Partnership Grant Program. This grant program focuses upon safety equipment and/or special projects nominated by participant cities. 3. BUDGET IMPACT: The 2011 fire department budget will assume the $650 grant match to purchase the AED. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION 2011 - RESOLUTION 011- RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION FROM THE CENTERPOINT ENERGY COMPANY WHEREAS, the Plymouth Fire Department been awarded a grant of $650 from the CenterPoint Energy Company; and WHEREAS, this grant has been awarded through the CenterPoint Energy Community Partnership Grant Program; and WHEREAS, the grant funding will be used to assist with the purchase of one automated external defibrillator; and WHEREAS, matching grant funds will be available through the Plymouth Fire Department budget; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, that the donation of $650 from the CenterPoint Energy Company to the Plymouth Fire Department to assist with the purchase of one automated external is accepted. Adopted by the City Council on June 28, 2011. Page 2 rp) city of Agenda 4.02PlymouthNumber: Adding Q.01y to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Calvin Portner, Director of Administrative Services June 28, 2011 Reviewed by: Item: Present Certificate of Achievement for Financial Reporting 1. ACTION REQUESTED: Accept the Certificate ofAchievement ofFinancial Reporting for the period ending December 31, 2009, on behalf of the City of Plymouth. 2. BACKGROUND: The Administrative Services Director will present the Certificate ofAchievementfor Excellence in Financial Reporting to the Mayor and City Council. The award is sponsored by the Government Finance Officers Association ofthe United States and Canada (GFOA). The Certificate ofAchievementfor Excellence in Financial Reporting recognizes the City's 2009 Comprehensive Annual Financial Report (CAFR) for conformance with strict program criteria. This award is the highest form of recognition in governmental financial reporting. Attainment represents a significant achievement by the City's government and management. The City of Plymouth has received this award for the 281h consecutive year. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: N/A Page 1 rp)City of Plymouth Adding Quatity to Life REGULAR COUNCIL MEETING June 28, 2011 Agenda 6.01Number: To: Laurie Ahrens, City Manager Prepared by: Eric Blank, Director of Parks and Recreation Reviewed by: Item: Approve Change Order Number 2 for the Zachary Hockey Rink Replacement Project 1. ACTION REQUESTED: Adopt the attached resolution approving Change Order 2 to Odessa II for additional drain extension in the amount of $720.00. 2. BACKGROUND: Underneath the new hockey rink at Zachary Playfield is a drain tile system that drains westerly through a berm onto park property. However, during some of the heavy rains, water coming out of the pipe did migrate down into the back yards west ofthe park. In order to prevent this from happening in the future and as a safety measure, staff recommends extending the piping 60 additional feet to assure that no future water would be unintentionally diverted onto private property. 3. BUDGET IMPACT: The cost ofthe change order is $720.00. The new project amount with Odessa II is now $55,544.55. 4. ATTACHMENTS: Change order Resolution Page 1 Change Order #2 Contract Change Order for: Zachary Park Hockey Rink Project (Earthwork Related) City of Plymouth City Project No. PRK 11028 To (Contractor): Odesa II 9003 Mayhew Lake Road NE Sauk Rapids, MN 56379 Distribution To: Owner Field Consultant Other Contractor Initiation Date: 25 -May -11 Consultants Prosect: #11-06 Owner Project: #PRK 11028 CHANGES TO THE CONTRACT The contractor shall make the following changes to the contract) DESCRIPTION ADD DEDUCT 1 Additional cost or extension o drainage outlet. F o la. pipe outlet at $12 per LF = $720.U0 720.00 TOTAL CHANGE ORDER ADDS AND DEDUCTS: 720.00 NET CHANGE ORDER TOTAL: $720.00 Contract Summary to Date Original Contract Sum: 53,090.00 Net Change by Previously Authorized Change Orders: 1,734.55 Net Change of this Change Order: 720.00 Total Contract Sum (including all Change Orders to Date): 55,544.55 Consultant: Brauer & Associates, Ltd. 10417 Excelsior Blvd., Suite #1' sag azure date Hopkins, MN 55343 Contractor: Odesa II T -741 9003 Mayhew Lake Road NE signature Date Sauk Rapids, MN 56379 Owner: City of Plymouth 3400 Plymouth Blvd. Signature Date Plymouth, MN 55447-1482 Brauer Associates, Ltd. earthwork change order2.xls Page 1 of 1 Page 2 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION APPROVING CHANGE ORDER NUMBER 2 TO ODESSA II WHEREAS, the Director of Parks & Recreation has recommended approval of Change Order Number 2 to Odessa II for the Zachary Playfield Hockey Rink replacement, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that Change Order Number 2 to Odessa II in the amount of $720.00 is hereby approved and further, that the Mayor and City Manager are authorized to sign Change Order Number 2 for this contract. APPROVED THIS *28TH DAY OF JUNE 2011. Page 3 rp)City of Plymouth Adding Quality to life REGULAR COUNCIL MEETING June 28, 2011 Agenda 6.02Number: To: Laurie Ahrens, City Manager Prepared by: Deb Luesse thru Jodi Bursheim, Finance Manager Reviewed by: Calvin Portner, Director of Administrative Services Item: Disbursements Ending June 18, 2011 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending June 18, 2011. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending June 18, 2011. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 6.18.11/Council meeting 6.28.11 FUND 100 General Fund 200 Recreation Fund 210 Parker's Lake Cemetery Maint 220 Transit System Fund 234 Economic Development Fund 250 Comm Dev Block Grant Fund 254 HRA Section 8 Fund 254 HAP Check Summary 258 HRA General Fund 300 1998C GO Activity Center 301 2003D Open Space Refunding 305 2004A GO Public Safety 307 1998A -TIF #7-5A Rottland 308 2005A TIF #1-1 310 2009A TIF #7-5A Refund 1998A 311 2009B AC and FH Refunding 400 General Capital Projects Fund 401 Minnesota State Aid Fund 404 Community Improvement 405 Park Replacement Fund 406 Infrasturcture Replacement Fund 407 Project Administration Fund 408 Park Construction 409 Capital Improvement Fund 412 Utility Trunk Fund 413 Improvement Project Construction 414 Shenandoah Administration 416 Public Safety Expansion 851 HRA Senior Apt. Constr Fund 418 Utility Trunk System Expansion 420 Water Sewer Construction 421 Enterprise -Other Construction 998 TIF # 7-2 O.S. (Const) 998 TIF # 7-3 P.O.S. (Const) 422 TIF #7-4 P.T.P (Const) 423 TIF # 7-5 Rottlund (Const) 424 TIF #7-6 Continental (Const) 425 TIF Housing Assistance Program 426 TIF #7-7 Stonecreek ('Const) 427 TIF #7-8 Shops @ Plymouth Creek 428 TIF HRA Senior Apt. Constr. Fund 429 TIF HRA 1-3 Crossroads Station 431 CON -2010A Open Spaces 500 Water Fund 510 Water Resources Fund 520 Sewer Fund 530 Solid Waste Management Fund 540 Ice Center Fund 550 Field House Fund 600 Central Equipment Fund 610 Public Facilities Fund 620 Information Technology Fund 630 Risk Management Fund 640 Employee Benefits Fund 650 Design Engineering 660 Resource Planning 850 Plymouth Town Square Total Invoice Expense Distribution: 207, 316.70 13,489.92 0.00 277,935.66 0.00 2,718.75 0.00 848.00 4,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 15,571.44 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 401,497.68 0.00 0.00 0.00 0.00 6,042.66 1,021.90 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 93,130.51 23,946.82 41,364.85 22,177.14 6,694.92 3,000.37 80,285.70 24,381.81 103,002.23 360,045.00 203,290.04 0.00 9,520.77 0.00 0.00 1,901,282.87 Page 2 ma! City of Plymouth Check Payment Register 06/05/2011 to 06/18/2011 Check 118258 Date Paid: 06/09/2011 A-1 Outdoor Power Inc Inv. 271295 05/20/2011 Unit 5007 Clutch Kit Check 118259 Date Paid:06/09/2011 Acme Tools Inv. 720280 05/03/2011 18V cordless cut off bare to Inv. 723847 05/05/2011 18V Compact drill/driver Inv. 735980 05/12/2011 Var size comb wrench,sq scdr Inv. 754451 05/25/2011 18V XRP Battery combo Amount: $269.87 269.87 Amount: $633.04 232.98 117.55 176.71 105.80 Check 118260 Date Paid: 06/09/2011 Adam's Pest Control, Inc. Amount: 74.81 Inv. 642833 05/25/2011 May'11 PCC Pest Control 74.81 05/16/2011 Check 118261 Date Paid:06/09/2011 AI's Coffee Company Amount: 304.00 Inv. 125928 05/19/2011 IC Concession coffee resupply 304.00 05/16/2011 Check 118262 Date Paid:06109/2011 Allied Waste Services Amount: 95.61 Inv. 0894002549829 05/25/2011 5.18.11 Organics collection 95.61 38.50 Check 118263 Date Paid:0610912011 Alpine Fence LLC Amount: 7,958.00 Inv. 1948 06/02/2011 Fence repairs 7,958.00 Check 118264 Date Paid:06/09/2011 American Messaging Services LLC Amount: 104.39 Inv. D2081166LF 06/01/2011 Jun'11 PD pager rentals 104.39 Check 118265 Date Paid:06109/2011 Apogee Retail LLC Amount: 200.00 Inv. 0006150IN 05/21/2011 5.21.11 Spec Recycle drop off 200.00 Check 118266 Date Paid:06/09/2011 ARC Amount: 96.19 Inv. 10009734 05/10/2011 See cr inv CR310677 577.13 Inv. 10010000 05/16/2011 Native plant display panels 96.19 Inv. CR310677 05/17/2011 Cr inv 10009734 577.13) Check 118267 Date Paid:06/09/2011 Barton Sand & Gravel Co Amount: 11,571.38 Inv. 110531 05/31/2011 5.17/5.31.11 1,111.29ton CL 5 Recycle,W1 !/2 11,571.38 Check 118268 Date Paid:06/09/2011 Inv. 11798 05/16/2011 Check 118269 Date Paid:06/09/2011 Inv.25547 05/16/2011 Inv.25548 05/16/2011 Inv.25549 05/16/2011 Inv.25550 05/16/2011 Inv. 25551 05/16/2011 Inv.25552 05/16/2011 Inv.25553 05/16/2011 Inv.25554 05/16/2011 Inv.25555 05/16/2011 Inv.25556 05/16/2011 Bergerson Caswell Inc. Amount: $51,345.00 Pull Well 6 for routine inspection/repairs $51,345.00 Bixby Portable Toilet Service Amount: $1,141.50 5.15/6.15 Dog Park/Eagan Park Portable 38.50 Toilets 05.15/6.15 Portable Toilet Parkers Lake Beach 58.00 Unit #1) 5.15/6.15 Ridgemont Playfield Portable Toilet 38.50 05.15/6.15 Party Potty Portable Toilet 38.50 5.15/6.15 W. Medicine Lake Lot Portable Toilet 38.50 5.15/6.15 Rolling Hills Portable Toilets 38.50 5.15/6.15 Three Ponds Portable Toilet 38.50 5.15/6.15 Schmidt Lake Portable Toilets 38.50 5.15/6.15 Turtle Lake 38.50 5.15/6.15 Gateway Portable Toilets 38.50 Page 3 Page 1 of 18 6/21/2011 Inv.25557 05/16/2011 Inv.25558 05/16/2011 Inv.25559 05/16/2011 Inv.25560 05/16/2011 Inv. 25561 05/16/2011 Inv.25562 05/16/2011 Inv.25563 05/16/2011 Inv.25564 05/16/2011 Inv.25565 05/16/2011 Inv.25566 05/16/2011 Inv.25567 05/16/2011 Inv.25568 05/16/2011 Inv.25569 05/16/2011 Inv.25570 05/16/2011 Inv. 25571 05/16/2011 Check 118270 Date Paid:06/09/2011 Inv.201101670 06/07/2011 Check 118271 Date Paid:06/09/2011 Inv.8792MB 05/19/2011 Inv.8793MB 05/19/2011 Inv.8807MB 05/20/2011 Check 118272 Date Paid:06/09/2011 Inv. XLC7567 05/18/2011 Inv. XLR9002 05/21/2011 Check 118273 Date Paid:06/09/2011 Inv. 12799 05/18/2011 Check 118274 Date Paid:06/09/2011 Inv. 3442 05/16/2011 Check 118275 Date Paid:06/09/2011 Inv. 110601 06/01/2011 Check 118276 Date Paid:06/09/2011 Inv. 07376150611 05/24/2011 5.15/6.16 Shenandoah Portable Toilets 38.50 5.15/6.15 Maple Creek Portable Toilet 38.50 5.15/6.15 Shiloh Portable Toilets 38.50 05.15/6.15 Green Oaks Portable Toilets 38.50 5.15/6/15 Heather Ponds Portable Toilets 38.50 5.15/6.15 Queensland Portable Toilet 38.50 5.15/6.15 Community Gardens Portable Toilets 38.50 5.15/6.15 Sunrise Portable Toilet 38.50 5.15/6.15 Mission Hills Portable Toilets 38.50 5.15/6.15 Swan Lake Portable Toilet 38.50 5.15/6.15 Heritage Portable Toilets 38.50 5.15/6.15 W. Medicine Lake Beach Portable 198.00 Toilets 5.15/6.15 South Shore Portable Toilet 38.50 5.15/6.15 St. Mary's Portable Toilet 38.50 5.15/6.15 Gleanloch Portable Toilets 38.50 Jonathan Border 3567 Pilgrim In N Elec Permit 201101670 refund C S McCrossan Construction Inc 5.19.11 56.83ton LVWE45030B Rap 5.17/5.19.11 89.85ton fines m ix,31 B,LVW E4RAP,41 WA 5.20.11 12.05ton Fines Mix,31 B 5.5 CDW Government Inc License for MS SLD Win SRV STD 2008 for Console Auto Attendants Phone with side cars City of Maple Grove RAD satelite phone service City of New Hope Sunday Co-Rec softball Brian Combo Apr-May'11 Youth Shoshin Ryu Comcast 6.1/6.30.11 PCC Wireless Check 118277 Date Paid:06/09/2011 Commercial Asphalt Co. Inv. 110531 05/31/2011 5.23/5.27.11 135.76ton 42A,42B,tack oil Check 118278 Date Paid:06/09/2011 Inv.2313254 03/22/2011 Check 118279 Date Paid:06/09/2011 Inv. 206MAY11 06/01/2011 Check 118280 Date Paid:06109/2011 Inv. 61441 05/20/2011 Dalco FS3 9cs hand roll towel Data Recognition Corporation May'11 UB Postage Dexon Computer Inc Memory for VG224 Check 118281 Date Paid:06/09/2011 DTS/Document Tech Solutions Inv. INV48859 05/22/2011 5.22/8.21.11 Copier Maintenance Inv. INV48982 05/22/2011 5.22/8.21.11 Copier Maintenance Page 1 of 18 Amount: $26.50 26.50 Amount: $7,315.90 2,520.61 4,250.19 545.10 Amount: $1,948.54 531.59 1,416.95 Amount: $759.58 759.58 Amount: $170.00 170.00 Amount: $156.80 156.80 Amount: $59.95 59.95 Amount: 6,120.50 6,120.50 Amount: 756.47 756.47 Amount: 3,483.15 3,483.15 Amount: 458.49 458.49 Amount: $17,876.86 10,352.65 7,524.21 Page 4 6/21/2011 Check 118282 Date Paid:06/09/2011 Earl F. Andersen Inc. Inv. 0095412IN 05/13/2011 12 12X18 HIP No Park Symbol Anytime Check 118283 Date Paid:06/09/2011 Embedded Systems Inc. Inv. 32754 05/16/2011 Jul-Dec'11 11 Siren Maintenance Check 118284 Date Paid:06/09/2011 eQuality Pathways to Potential Inv. 110531 05/31/2011 May'11 PCC Janitorial Check 118285 Date Paid: 06/09/2011 Escape Fire Protection LLC Inv. 201004560 06/01/2011 13600 Ind Park Blvd Fire Permit 201004560 1 1/2 x 3/4 Bushing refund Check 118286 Date Paid:06/09/2011 ESS Brothers & Sons Inc Inv. QQ1616 05/16/2011 50 2x3 Debris collection device Check 118287 Date Paid:06/09/2011 Evenflo Inv. IN1004134 04/25/2011 4 Big Kid No Back,4 Titan Elite Dunlap car 05/18/2011 seats resale Check 118288 Date Paid:06/09/2011 Ferguson Enterprises Inc Inv. S01304784001 05/18/2011 4 FLG RW Gate Valve SSH Wat W/HW Check 118289 Date Paid:06/09/2011 First Transit Inc Inv. 10542166 05/31/2011 May'11 DAR/Metrolink Transit Inv. 10542171 05/31/2011 May'11 Fuel Surcharge Check 118290 Date Paid:06/09/2011 G&K Services Inc Inv. 1006165238 05/16/2011 5.16.11 Rug service Inv. 1006174094 05/20/2011 PW City Uniforms Amount: $164.93 164.93 Amount: $2,630.10 2,630.10 Amount: $384.75 384.75 Amount: $96.50 96.50 Amount: $14,962.50 14,962.50 Amount: $388.40 388.40 Amount: $447.24 447.24 Amount: $276,895.08 270,132.73 6,762.35 Amount: $433.20 85.74 347.46 Check 118291 Date Paid: 06/09/2011 Gasaway Consulting LLC Amount: $280.00 Inv. 619 06/01/2011 Nutter&Duncan "Natl Fire Acad Leadership 3" $280.00 Check 118292 Date Paid:06/09/2011 Glacken and Associates Amount: $275.00 Inv. 2 06/06/2011 Warren Anderson/Background Investigations $275.00 course Check 118293 Date Paid:06/09/2011 Richard Glassman Inv. 201008421 06/01/2011 9910 29th Ave N Elec Permit 201008421 refund Check 118294 Date Paid:06/09/2011 GMH Asphalt Corp Inv. 110525 05/25/2011 Proj9113 #1 Cimarron Ponds Street Reconstr Check 118295 Date Paid:06/09/2011 Grainger Inv. 9538693590 05/16/2011 Forestry -4 Safety Eyewears Inv. 9539955014 05/17/2011 FAC -12 PK2 Water Filter Cartridges & 2 All Purpose Glue Inv. 9541718426 05/19/2011 6 -Anchor Shackle, 9500 Cap, 3/4 size Inv. 9543209648 05/20/2011 1 1/2 x 3/4 Bushing Inv. 9543209655 05/20/2011 3FT Measuring Wheel Inv. 9543209663 05/20/2011 Male Adapter, 1 1/2 Female Thread Poly Check 118296 Date Paid:06/09/2011 Gregor Farm & Greenhouse Inc Inv. 3189 05/18/2011 2011 Annual flowers Check 118297 Date Paid:06/09/2011 Greyzone Productions Inv. 3027 05/16/2011 REC-Audio Cord for DVD Player to Sound System Hilde Center Check 118298 Date Paid:06/09/2011 Grove Nursery Inc Inv. 21939400 05/11/2011 Arbor Day plant materials Inv. 22011600 05/12/2011 2 Goldflame Spirea & 4 Early Sunrise Page 1 of 18 Amount: $45.00 45.00 Amount: $386,376.30 386,376.30 Amount: $663.87 56.00 390.34 119.91 2.41 92.30 2.91 Amount: $14,537.67 14,537.67 Amount: $17.00 17.00 Amount: $1,412.68 1,363.73 48.95 Page 5 6/21/2011 Coreopsis Check 118299 Date Paid:06/09/2011 Hamel Lumber Inc Inv. 110531 05/31/2011 May 2011 Hardware Supplies Check 118300 Date Paid:06/09/2011 Handyman Connection Inv. 110601 06/01/2011 4475 Urbandale Ct Rehab loan payment Check 118301 Date Paid:06/09/2011 Dean C Hansen Inv. 110512 05/12/2011 4.26/5.12.11 Wetbugs presentations Check 118302 Date Paid:06109/2011 Hennepin County Sheriff Inv. 3620 04/30/2011 Apr'11 Booking fee prisoners Check 118303 Date Paid:06/09/2011 Hennepin County Treasurer Inv. 20114PIymouth 05/16/2011 Apr'11 Room/Board prisoners Check 118304 Date Paid:06/09/2011 Inv.6746670 05/17/2011 Check 118305 Date Paid:06/09/2011 Inv.90662 05/10/2011 Check 118306 Date Paid:06/09/2011 Inv. 110521 05/21/2011 Check 118307 Date Paid:06/09/2011 Inv. 110610 06/10/2011 Check 118308 Date Paid:06/09/2011 Inv. 110526 05/27/2011 Check 118309 Date Paid:06/09/2011 Inv.068455 05/04/2011 Inv. 068641 05/09/2011 Inv.068674 05/09/2011 Inv.068797 05/11/2011 Inv.068819 05/11/2011 Inv.069086 05/17/2011 Inv.069088 05/17/2011 Inv.069193 05/18/2011 Inv.069370 05/23/2011 Inv.069374 05/23/2011 Inv.069438 05/24/2011 Inv.069534 05/25/2011 Inv.069536 05/25/2011 Check 118310 Date Paid:06/09/2011 Inv. 6221 05/20/2011 Check 118311 Date Paid:06/09/2011 Inv. C00106476701 05/17/2011 Hillyard Inc - Minneapolis PIC -10 CS 40-45 Gal Liners Hirshfield's Paint Mfg Inc 144 5gl White Field marking paint Holiday Fleet 4.22/5.19.11 51 E85 trips Kristina Holtmeyer 6.3/6.10.11 Amazing Animals Home Depot 4.28.11-5.26.11 Hardware Charges Hopkins Parts Co. PW -Hose Clamp and Bulb PW -Oil Stickers Unit 905 TPMS Sensor Kit bulbs and Rev Alar Oil stickers Bulb Bulbs Unit 150 2007 Dodge Charger Brake Pads Rev Alar, Battery and Core Deposit Credit for Core Deposit Credit 69370 Battery and Core Deposit 16oz 13 Part Impact Socket Instrumental Research Inc Well 6 total coliform Interstate PowerSystems Compressor for #538 Check 118312 Date Paid:06/09/2011 Itron Inc Inv. 192850 05/12/2011 Jun-Aug'11 MVRS sftwr,Docks,G5 Radios,Raptor Check 118313 Date Paid:06109/2011 Inv. 110601 06/09/2011 Check 118314 Date Paid:06109/2011 Inv.57903074 05/20/2011 Joel Jahraus Driveway reimb/2008 Street Reconstr Project Amount: 2,112.78 2,112.78 Amount: 787.00 787.00 Amount: 705.00 705.00 Amount: 3,257.12 3,257.12 Amount: 3,036.48 3,036.48 Amount: 320.03 320.03 Amount: 3,809.03 3,809.03 Amount: 758.83 758.83 Amount: 140.00 140.00 Amount: 5,288.31 5,288.31 Amount: 461.74 16.99 5.29 3.71 46.70 42.74 12.50 10.58 177.96 176.28 5.34) 64.76) 33.22 5.87 Amount: 8.00 8.00 Amount: 220.10 220.10 Amount: 1,135.79 1,135.79 Amount: $814.76 814.76 John Deere Landscapes Inc Amount: $207.71 3 Spec 6X19X14 Rect VB Green, Siphon utility $207.71 Page 6 Page 1 of 18 6/21/2011 pump 3 12X17 GR BX Check 118315 Date Paid:06/09/2011 K&S Engraving Amount: 7.64 Inv. 3342 05/14/2011 FD 2 nameplate 7.64 Check 118316 Date Paid:06/09/2011 Kidd Plumbing Inc Amount: 266.00 Inv. 7576 05/20/2011 PIC -Sewer camera test used to ck NE Corner 266.00 of the rink C Check 118317 Date Paid:06/09/2011 Klein Underground LLC Amount: 2,941.95 Inv. 55400 05/18/2011 5753 Evergreen Ln repair blacktop driveway 573.50 Inv. 55401 05/18/2011 3630 Saratoga repair blacktop driveway 495.65 Inv. 55402 05/18/2011 3850 Xenium Court rpr blcktop driveway 947.80 Inv. 55403 05/18/2011 4685 Forestview Ln repair blacktop driveway 500.00 Inv. 55404 05/18/2011 15825 16th Ave repair blacktop driveway 425.00 Check 118318 Date Paid:06/09/2011 Mollie Kreibich Amount: 990.00 Inv. 110603 06/03/2011 Personal Training -CH 990.00 Check 118319 Date Paid:06/09/2011 Kris Engineering Inc Amount: 1,649.10 Inv. 19641 05/19/2011 Bucket edges for all 3 wheel loaders 1,649.10 Check 118320 Date Paid:06/09/2011 League of MN Cities Ins Trust Amount: 970.00 Inv. 11073217 05/17/2011 7.2.09/7.1.10 Claim of negligent inspection 970.00 Check 118321 Date Paid:06/09/2011 Leroy Job Trucking Inc Amount: 170.00 Inv. 13669 05/18/2011 May'11 Disposal of dead animals 170.00 Check 118322 Date Paid:06/09/2011 LexisNexis Risk Data Management Inc Amount: 78.05 Inv. 10345582011053 05/31/2011 May'11 LexisNexus 78.05 Check 118323 Date Paid:06/09/2011 Lighten UP, LLC Amount: 523.98 Inv. 1519 05/31/2011 Tax owed from rebate on inv 1480 523.98 Check 118324 Date Paid:06/09/2011 Lowe's Amount: 909.16 Inv. 110531 06/02/2011 05.05.11_05.26.11 Hardware Supplies 909.16 Check 118325 Date Paid:06/09/2011 LSC Resource Inc Amount: 167.26 Inv. 23292 05/13/2011 Business Cards 167.26 Check 118326 Date Paid:06/09/2011 Scott McKown Amount: 850.00 Inv. 1 06/08/2011 WEMS Locker Room/Henn Co Kitchen 850.00 remodel Check 118327 Date Paid:06/09/2011 Metropolitan Council Amount: 33,115.50 Inv. 110531 05/31/2011 May'11 Sewer Availability Charge Report 33,115.50 Check 118328 Date Paid:06/09/2011 Minnetonka Game & Fish Club Amount: 250.00 Inv. 110718 06/09/2011 7.18.11 SWAT training rental 250.00 Check 118329 Date Paid:06/09/2011 MN Dept of Transportation Amount: 64.49 Inv. PA000201431 05/11/2011 3.29.11 Traffic signal maint TH55&vicksburg 64.49 Check 118330 Date Paid:06/09/2011 MN NCPERS Life Insurance Amount: 1,561.00 Inv. 6956611 06/01/2011 Jun'11 PERA Life Ins 1,561.00 Check 118331 Date Paid:06/09/2011 MN Secretary of State Amount: 120.00 Inv. 110531 05/31/2011 Diane Perala notary commission application 120.00 Check 118332 Date Paid:06/09/2011 MTI Distributing Inc Amount: 45,288.95 Inv. 77619800 05/17/2011 GM 7210/72" Deck mower 34,413.35 Inv. 77619801 05/24/2011 60x25 Drive Broom w/hyd,snowblower for GM 10,875.60 Check 118333 Date Paid:06/09/2011 NAPA Geniune Auto Parts Co Amount: 346.13 Inv.238038 05/09/2011 Support 29.22 Page 7 Page 1 of 18 6/21/2011 Inv.238096 05/09/2011 Inv.238240 05/10/2011 Inv.238435 05/11/2011 Inv.238566 05/12/2011 Inv. 239147 05/16/2011 Inv. 239211 05/16/2011 Inv.239479 05/17/2011 Check 118334 Date Paid:06/09/2011 Inv. 5104P 06/03/2011 Inv. 5105T 06/03/2011 Slime tire sealant Unit 905 2005 Jeep Cherokee Tire Pressure Monitoring System Unit 198 Police Van Mirror 2003 Ford Truck Steering Damper and Bar Link Unit 538 Battery 2 Hal Bulb, 3 Headlamps & 3 connectors CR Memo Core Deposit Robert Nesbitt 5.23/6.3.11 MN Joint Analysis 5.2/6.3.11 570 Mileage/lodging,meals-Duluth/Warroad Check 118335 Date Paid:06/09/2011 New World Systems Inv. 010044 05/15/2011 6.1.11/5.31.12 NW software maintenance Check 118336 Date Paid:06/09/2011 Inv.148796 05/31/2011 Check 118337 Date Paid:06/09/2011 Inv.00008450 04/29/2011 Check 118338 Date Paid:06/09/2011 Inv. 564381540001 05/13/2011 Inv. 564670256001 05/17/2011 Inv. 564864364001 05/18/2011 Inv. 564864418001 05/18/2011 Inv. 564880632001 05/18/2011 Northern Sanitary Supply Co Inc PCC -Vacuum, 10 -Gal Cleaners, 12 QT Disinfectant NorthWorks Occupational Health 4.29.11 Brent Weldon spirometry 21.35 40.54 2.07 106.37 92.05 65.22 10.69) Amount: $3,116.44 2,375.00 741.44 Amount: $79,741.58 79,741.58 Amount: $461.06 461.06 Amount: $57.00 57.00 Office Depot Amount: $255.35 PD-Tissue,Post-its, Bender, Tabs, Retract Pens 113.79 1 & .7,Pen Refills 05/17/2011 CD -1 PK Pen Refills & 2 Red Stamp Pads 6.31 PD -Magnifying Glass 10.68 PD -1 BX Laser Clean Edge Business Cards 99.22 2X3.5 pack of 2000 PW -3 Pencil Pouches, 1 DZ Highlighters, 2 DZ 25.35 Markers Check 118339 Date Paid:06/09/2011 Office of Enterprise Technolog Inv. DV11050397 06/03/2011 May'11 Wide Area Network Check 118340 Date Paid:06/09/2011 OnTrac Inv. 8408091 05/31/2011 5.16/5.30.11 Attorney courier Check 118341 Date Paid:06/09/2011 Owens Companies Inc Inv. 40416 05/17/2011 3.15.11 Cabinet Unit Heaters Lost Communication Inv. 40435 05/17/2011 4.4.11 PD -Repair Pump VFD #2 Check 118342 Date Paid:06/09/2011 Postmaster Inv. 110608 06/09/2011 Bulk Permit 1889 Postage deposit/water report/city newsletter Check 118343 Date Paid:06/0912011 Printers Service Inc Inv. 253702 05/18/2011 PIC -77" Ice Knife Sharp Check 118344 Date Paid:06/09/2011 Inv. 114317480611 05/19/2011 Check 118345 Date Paid:06/09/2011 Inv.300884400 05/16/2011 Inv.300885300 05/16/2011 Inv.300886300 05/17/2011 Inv.300889800 05/18/2011 Randy's Sanitation Inc Jun'11 PCC Rubbish Removal Reinders Inc 8-Glyposate Pro 4, 2.5 Gal 50 50/50 Blue/Rye See Mix (501b Bag) 1 gal Turf Mark Blue PK of 4 50 501b Bags of Blue/Rye Seed Mix Amount: $90.00 90.00 Amount: $60.90 60.90 Amount: $1,421.40 483.60 937.80 Amount: $9,600.00 9,600.00 Amount: $54.00 54.00 Amount: $296.76 296.76 Amount: $1,279.55 354.83 88.17 43.82 88.17 Page 8 Page 1 of 18 6/21/2011 Inv. 300895900 05/19/2011 1 -Vessel 2.5GL Pesticide, 6 -Roundup 704.56 Check 118346 Date Paid:06/09/2011 RJF Agencies Amount: 9,836.00 Inv. 145731 04/04/2011 Computer and Fine Arts 5,078.00 Inv. 147263 05/27/2011 Cr inv 145731 242.00) Inv. 147462 06/03/2011 1st Qtr '111 installment 5,000.00 Check 118347 Date Paid:06/09/2011 Jeff Sandino Amount: 225.00 Inv. 110523 05/23/2011 5.23.11 Fabulous Fish Dishes 225.00 Check 118348 Date Paid:06/09/2011 Scharber & Sons Amount: 599.64 Inv. 022030509 05/05/2011 Backpak weed whip 427.49 Inv. 022030813 05/10/2011 Trimmer,air filter,element 132.15 Inv.022031821 05/27/2011 Trimmer 40.00 Check 118349 Date Paid:06/09/2011 Science Explorers Amount: 470.00 Inv. 2265 06/01/2011 5.31/6.2.11 Camp Caterpillar 470.00 Check 118350 Date Paid:06/09/2011 Sherwin Williams Amount: 21.83 Inv. 18953 05/23/2011 PCC Paint Supplies 40.17 Inv. 20959 05/23/2011 PCC -CR Memo 1895-3 18.34) Check 118351 Date Paid:06/09/2011 South Central College Amount: 200.00 Inv. 00100255 05/20/2011 5.16.11 Registr 7 Background Investigations 200.00 Check 118352 Date Paid:06/09/2011 State Industrial Products Amount: 110.05 Inv. 95070043 04/21/2011 1cs Magic mat sweet sunsations airfreshner 110.05 Check 118353 Date Paid:06/09/2011 Streicher's Inc Amount: 14.94 Inv. 1837607 05/17/2011 FD -Name Tag & Serving Since Tab - Brennan 14.94 Check 118354 Date Paid:06/09/2011 Suburban Tire Wholesale Inc Amount: 1,040.02 Inv. 10099857 05/02/2011 8 P235/55R17 Eagle Tires 963.41 Inv. 10100165 05/12/2011 Unit 675 2 turf saver 55.58 Inv. 10100200 05/13/2011 4 410-350-4 TR13 IND 21.03 Check 118355 Date Paid:06/09/2011 Sun Newspapers Amount: 212.78 Inv. 1317948 05/19/2011 Publish File No. 2011025 Lighting at Athletic 64.06 Play Fields Inv. 1317949 05/19/2011 Publish File#2011019 Gonyea Company Inc. 60.06 Inv. 1317950 05/19/2011 Publish Informational Meeting Storm Water 42.90 Pollution Inv. 1317951 05/19/2011 Publish File No. 2011028 Hans Hagen Homes 45.76 Check 118356 Date Paid:06/09/2011 Supreme Building Maintenance Amount: 985.34 Inv. 051111 05/01/2011 May'11 Cheshire Pkwy Janitorial 223.37 Inv. 051211 05/01/2011 May'11 Station 73 Janitorial 761.97 Check 118357 Date Paid:06/09/2011 Inv. RG0923799 06/09/2011 Check 118358 Date Paid:06/09/2011 Inv. 110518 05/18/2011 Check 118359 Date Paid:06/09/2011 Inv. 123 05/19/2011 Check 118360 Date Paid:06/09/2011 Inv.4931000 05/19/2011 Check 118361 Date Paid:06/09/2011 Inv.26039 05/13/2011 Page 1 of 18 Swank Motion Pictures 7.13/8.6.11 Movie Series Movies 2011 Target Bank 4.29/5.16.11 Rec program supplies Taylor Electric Company LLC Well 13 service call Terminal Supply Company 500 15-1/4 Heavy Duty Cable Three Rivers Park District 6.13/8.8.11 Discovery Day Camp facility Amount: $1,851.07 1,851.07 Amount: $74.26 74.26 Amount: $127.50 127.50 Amount: $101.53 101.53 Amount: $4,275.31 4,275.31 Page 9 6/21/2011 use/Explorers day camp Check 118362 Date Paid:06109/2011 Trans -Alarm Inc Amount: $998.83 Inv. RMR769723 05/01/2011 May-Jul'11 FS3 sprnklr monitor 263.61 Inv. RMR769724 05/01/2011 May-Jul'11 FS1 sprnklr monitoring 263.61 Inv. RMR769725 05/01/2011 May-Jul'11 FS2 sprnklr monitoring 263.61 Inv. RS090534 05/18/2011 CWP 5.17.11 UL Service Repair for Comm fail 104.00 Inv. RS090535 05/18/2011 5,17,11 ZWP UL Runner service response for 104.00 Comm failure Check 118363 Date Paid:06/09/2011 Tri -K Services Amount: $2,943.34 Inv. 4395 05/31/2011 5.2/5.20.11 202yds pulv topsoil/'soil/sand mix 2,943.34 Check 118364 Date Paid:06/09/2011 Twin Orchards Nursery Inv. 4879 05/23/2011 Hilde plant materials Amount: $911.80 911.80 Check 118365 Date Paid: 06/09/2011 Ultramax Amount: $2,641.30 Inv. 121187 05/16/2011 6bx Federal 9 124gr,5cs Fed 40 180gr,3cs 223 $2,641.30 federal Check 118366 Date Paid:06/0912011 University of Minnesota Inv. 0150002642 04/01/2011 5.12.11 Raptor Educ Prog/EQF Check 118367 Date Paid:06/09/2011 USA Mobility Wireless Inc Inv. U0320490E 05/18/2011 5.22/6.21.11 RAD pager rental Check 118368 Date Paid:06/09/2011 USPCA Region 12 Inv. 110601 06/09/2011 2011 Steve Thomas Membership Check 118369 Date Paid:06/0912011 Valley Rich Co Inc Inv. 16614 05/20/2011 Ridgemount&forest View water main break repairs Check 118370 Date Paid:06/0912011 Verizon Wireless Inv. 2578799607 05/25/2011 5.26/6.25.11 Mobile Check 118371 Date Paid:0610912011 W D Larson Companies LTD Inc Inv. F211370037 05/17/2011 14 Filters Inv. F211390071 05/19/2011 15 Filters Inv. F211400006 05/20/2011 2 GU AS1141 Adjuster -Slack Check 118372 Date Paid:06/09/2011 Inv.5970576 05/31/2011 Check 118373 Date Paid:06/09/2011 Inv. 110531 05/31/2011 Check 118374 Date Paid:06/09/2011 Inv.1101624 05/31/2011 Check 118375 Date Paid:06/09/2011 Inv. 51626172430611 05/31/2011 Check 118376 Date Paid:0610912011 Inv.54101593 05/18/2011 Inv.54101594 05/18/2011 Inv.54101595 05/18/2011 Inv. 54204621 05/18/2011 Check 118377 Date Paid:06/09/2011 Inv. 2011-00000140 06/07/2011 Check 118378 Date Paid:06/09/2011 Page 1 of 18 Waste Management Services Apr'11 Curbside/Dropoff less passback Mark Welter 4.14/5.31.11 World Religions Class Wenck Associates Inc Proj8128 5.31.11 Wetland monitoring Xcel Energy 4.13/5.17.11 PCC, HS,CC,PS, FS3,Residential Str Lights Zee Medical Service PW -Medical Resupply Plymouth Hall -Medical Resupply PD -Medical Resupply FS1-Medical Resupply Community Health Charities CHAR CHC - Community Health Charities Law Enforce Labor Serv./Union Amount: $540.00 540.00 Amount: $58.80 58.80 Amount: $50.00 50.00 Amount: $2,633.00 2,633.00 Amount: $26.02 26.02 Amount: $272.90 67.80 63.11 141.99 Amount: $20,466.14 20,466.14 Amount: $160.00 160.00 Amount: $1,021.90 1,021.90 Amount: $61,666.72 61,666.72 Amount: $672.39 208.88 189.87 189.26 84.38 Amount: $12.00 12.00 Amount: $1,3W.82Page 10 6/21/2011 Inv. 2011-00000141 06/07/2011 DUES POL - Police Union Dues * Check 118379 Date Paid:06/09/2011 MN AFSCME Council #5 Inv. 2011-00000142 06/07/2011 DUES MTCE - Maintenance Union Dues* Check 118380 Date Paid:06/09/2011 MN Child Support Payment Ctr Inv. 2011-00000143 06/07/2011 CHID SUP% - Child Support Percentage* Check 118381 Date Paid:06/09/2011 MN Environmental Fund Inv. 2011-00000144 06/07/2011 CHAR MN ENV - MN Enviromental Fund Check 118382 Date Paid:06/09/2011 Inv. 110515 05/15/2011 Check 118383 Date Paid:06/09/2011 Inv. 2011-00000145 06/07/2011 Check 118384 Date Paid:06/09/2011 Inv. 110608 06/09/2011 Check 118385 Date Paid:06/09/2011 Inv. 2011-00000146 06/07/2011 Check 118386 Date Paid:06/09/2011 Inv. Import - 1129 06/08/2011 Check 118387 Date Paid:06/09/2011 Inv. Import 1126 06/08/2011 Check 118388 Date Paid:06/09/2011 Inv. Import - 1132 06/08/2011 Check 118389 Date Paid:06/09/2011 Inv. Import 1131 06/08/2011 Check 118390 Date Paid:06/09/2011 Inv. Import - 1127 06/08/2011 Check 118391 Date Paid:06/09/2011 Inv. Import 1130 06/08/2011 Check 118392 Date Paid:06/09/2011 Inv. Import - 1128 06/08/2011 Check 118393 Date Paid:06/09/2011 Inv. Import - 1133 06/08/2011 Check 118394 Date Paid:06/16/2011 Inv. 0128901 IN 05/23/2011 1,310.82 Amount: $2,833.55 2,833.55 Amount: $1,473.67 1,473.67 Amount: $6.00 6.00 Matt Nordby Amount: $1,240.07 5.13/5.15.11 Illinois conference 1,240.07 lodging/meals,fuel Open Your Heart Amount: $36.00 CHAR OYH - Open Your Heart 36.00 Sand Companies Amount: $4,000.00 Plym West View Estates Park ded&city util fee 4,000.00 assistance United Way CHAR UW - United Way Bobgan,Jean Park and Rec Refund Frederick, Kristin Park and Rec Refund Haley, Laura Park and Rec Refund Koska, MaryAnn Park and Rec Refund Pfeifer, Anna Park and Rec Refund Steck, Diane Park and Rec Refund Tyszka, Jackie Park and Rec Refund White, Gena Park and Rec Refund ABM Equipment & Supply LLC Cable Motor Assembly and Cable Assembly 12to5to4 Check 118395 Date Paid:06/16/2011 Acclaim Benefits Inv. 0020160IN 05/09/2011 Benefits COBRA/Retiree admin fees Inv. 0020511 IN 06/10/2011 May COBRA/Retiree Check 118396 Date Paid:06/16/2011 Ace Lock & Safe Co Inc Inv. A86814 03/11/2011 25 Keys/utilities Inv. A87196 05/19/2011 ZWP replace door&frame/custom paint to flouride room Inv. A87197 04/25/2011 IC install elect hold open on 2 exit devices Check 118397 Date Paid:06/16/2011 Action Fleet Inc Inv. 6747 05/18/2011 Unit 1708 Unmarked investigator setup Page 1 of 18 Amount: $36.00 36.00 Amount: $39.00 39.00 Amount: $300.00 300.00 Amount: $300.00 300.00 Amount: $4.00 4.00 Amount: $300.00 300.00 Amount: $29.00 29.00 Amount: $90.00 90.00 Amount: $300.00 300.00 Amount: $578.27 578.27 Amount: $2,019.00 1,849.00 170.00 Amount: $4,589.61 61.45 3,147.33 1,380.83 Amount: $2,310.28 2,310.28 Page 11 6/21/2011 Check 118398 Date Paid:06/16/2011 Adam's Pest Control, Inc. Inv. 642834 05/31/2011 Apr'-Jun'11 CC/PS Pest Control Inv. 644854 05/23/2011 Apr-Jun'11 FS 3 Pest Control Check 118399 Date Paid:06/16/2011 Inv. 0894002556434 05/31/2011 Check 118400 Date Paid:06/16/2011 Inv.67840 05/31/2011 Check 118401 Date Paid:06/16/2011 Inv. 11027 05/09/2011 Check 118402 Date Paid:06/1612011 Inv. 65015 06/06/2011 Allied Waste Services May'11 PM Waste hauling Allina Occ Med 5.3/5.20.11 Drug test Amount: $337.15 242.03 95.12 Amount: $676.79 676.79 Amount: $700.00 700.00 Andersun Lawn Service Amount: $3,259.68 Spring2011 Cleanup/PCC,FS123 & IC/Lifetime $3,259.68 AT&T Admin subpeona case 11014675 Check 118403 Date Paid: 06/16/2011 ATOM Inv.34009121 06/13/2011 Hultgren,Passig,Whiteford/"Criticallncident Review Check 118404 Date Paid:06/16/2011 Back 2 Basics Learning LLC Inv. Spring122 05/26/2011 5.24/5.26.11 Glitter and Glam Camp Amount: $40.00 40.00 Amount: $120.00 120.00 Amount: $220.00 220.00 Check 118405 Date Paid: 06/16/2011 The Bainey Group Inc Amount: $1,479.50 Inv. 7451 06/07/2011 1/2 Owed/Privacy wall installed in Providence 1,479.50 Inv. 25717 Academy team room Inv. 25718 Check 118406 Date Paid:0611612011 Bergeron Homes Amount: $700.00 Inv. 101103 06/15/2011 5535 Glacier Ln N R33079 11.3.10 tree deposit 700.00 38.50 refund 38.50 Check 118407 Date Paid: 06/16/2011 Bertelson Total Office Solutions Amount: $226.36 Inv. WO6959671 05/23/2011 ADM-CD/DVD Storage 17.09 Inv. WO6964141 05/25/2011 CD-Crusier Mate Storage Clipboard 45.28 Inv. WO6968411 05/26/2011 P&R-2 BX Manila Folders, Labels&3BX 163.99 5.25/6.25 Greenwood Elementary Portable Envelopes Toilets Check 118408 Date Paid:06116/2011 Inv. 25710 05/25/2011 Inv. 25711 05/25/2011 Inv. 25712 05/25/2011 Inv. 25713 05/25/2011 Inv. 25714 05/25/2011 Inv. 25715 05/25/2011 Inv. 25716 05/25/2011 Inv. 25717 05/25/2011 Inv. 25718 05/25/2011 Inv. 25719 05/25/2011 Inv.25720 05/25/2011 Inv. 25721 05/25/2011 Inv.25722 05/25/2011 Inv.25723 05/25/2011 Bixby Portable Toilet Service Amount: $835.50 5.25/6.25 W Medicine Lk Park Portable Toilet $140.00 5.25/3.25 Lions Park Portable Toilet 38.50 5.25/6.25 W Lutheran High School Portable 38.50 Toilet 5.25/6.25 Fieldhouse Activity Center/Bubble 38.50 Portable Toilet 5.25/6.25 Amphitheater Portable Toilets 136.50 5.25/6.25 Skatepark Portable Toilet 58.00 5.25/6.25 LaCompte Green Portable Toilets 38.50 5.25/6.25 Zachary Elementary Portable Toilets 38.50 5.25/6.25 Timber Shores Portable Toilet 77.00 5.25/6.25 Bass Lake Playfield #2 Portable 38.50 Toilets 5.25/6.25 Camelot Park Portable Toilets 38.50 5.25/6.25 Elm Creek Playfield #3 Portable 58.00 Toilets 5.25/6.25 Greenwood Elementary Portable 38.50 Toilets 5.25/6.25 Oakwood Playfield #2 Portable Toilet 58.00 Check 118409 Date Paid:06/16/2011 Bonestroo Inc Inv. 188739 05/26/2011 4.11/5.14.11 Well 17 test well Page 1 of 18 Amount: $6,042.66 2,185.16 Page 12 6/21/2011 Inv. 188741 05/26/2011 4.11/5.14.11 Well 13 Maint 3,857.50 Inv. XLT4962 Check 118410 Date Paid:06/16/2011 Monica M & Craig A Bongart Amount: 61.50 Inv. 24156888 06/15/2011 400 Zircon Ln N water refund 61.50 Cr inv XLH2722 return 2ea cord/cube Check 118411 Date Paid:06/16/2011 David Brierton Amount: 12.76 Inv. 21196601 06/15/2011 14715 11th Ave N water refund 12.76 Check 118412 Date Paid:06/16/2011 Broadway Bar & Pizza Amount: 108.00 Inv. 110531 05/31/2011 May'11 IC Concession pizza resale 108.00 Check 118413 Date Paid:06/16/2011 Brookside Garden Center Inc Amount: 2,832.19 Inv. NIELSEN 06/13/2011 11.4.10 Hadley Hills 2nd landscaping/Nielsen 2,832.19 Check 118414 Date Paid:06/16/2011 Jude T Bublitz & Linda Zehnbauer Amount: 103.88 Inv. 24174307 06/15/2011 15707 50th Ave N water refund 103.88 Check 118415 Date Paid:06/16/2011 CDW Government Inc Inv. XLH2722 05/19/2011 4 pwr cord,4 pwr cube/see credit for 2ea Inv. XLT4962 05/23/2011 Auto Attendants Phone with side cars Inv. XMH9376 05/25/2011 Panasonic Battery for CF29 CF 51 CF52 Inv. XNZ4474 06/02/2011 Cr inv XLH2722 return 2ea cord/cube Check 118416 Date Paid:06/16/2011 Inv. 110531 05/31/2011 Check 118417 Date Paid:06/16/2011 Inv.03924820 05/25/2011 Check 118418 Date Paid:06/16/2011 Inv.24190459 06/15/2011 Check 118419 Date Paid:06/16/2011 Inv.148978 05/26/2011 Check 118420 Date Paid:06/16/2011 Inv. 110531 05/31/2011 Check 118421 Date Paid:06/16/2011 Inv.201006826 06/15/2011 Inv.201008220 06/15/2011 Check 118422 Date Paid:06/16/2011 Inv.6890755 05/25/2011 Inv.6901476 05/27/2011 Check 118423 Date Paid:06/16/2011 Inv.162629 04/26/2011 Check 118424 Date Paid:06/16/2011 Inv. 10394 05/24/2011 Check 118425 Date Paid:06/16/2011 Inv.10389356 05/20/2011 Check 118426 Date Paid:06/16/2011 Inv. 00954471N 05/18/2011 Check 118427 Date Paid:06/16/2011 Inv.24231842 06/15/2011 Check 118428 Date Paid:06/16/2011 Inv. I N 1004447 04/26/2011 Coca Cola Enterprises Bottling May'11 IC Concession pop resupply Conney Safety Products LLC 3bx safety glasses Andrew Corkum 1729 Archer Ct N water refund Corporate Mechanical Lancaster LS elimination of day tank Cub Foods May Food Charges Custom Conduit Electric 17435 CR 6 Elec Permit 201006826 refund 5450 NW Blvd Elec Permit 201008220 refund Dakota Supply Group Inc 8 1" M70B meter gal,8 #4 setters/resale 24 3/4" M35 Short,24 #2 setters --resale Davis Citgo Service Inc Arson case 11019662 search warrant/tow DMJ Asphalt Inc Hilde bas work/asphalt Dundee Nursery&Landscaping Co. 50 rolls of sod Earl F. Andersen Inc. 2 30x24 adult softball,10 12x18 No soft toss Alyce L Eckblad 15700 27th Ave N water refund Evenflo 18 Big Kid DLX car seat/resale Amount: $1,703.92 248.32 1,387.88 167.11 99.39) Amount: $439.15 439.15 Amount: $149.06 149.06 Amount: $15.00 15.00 Amount: $1,480.00 1,480.00 Amount: $367.14 367.14 Amount: $80.34 40.17 40.17 Amount: $8,136.00 2,544.00 5,592.00 Amount: $255.00 255.00 Amount: $6,224.05 6,224.05 Amount: $239.93 239.93 Amount: $333.19 333.19 Amount: $36.81 36.81 Amount: $610.86 610.86 Check 118429 Date Paid: 06/16/2011 Factory Motor Parts Co Amount: $69.0Page 13 Page 1 of 18 6/21/2011 Inv. 70054633 05/23/2011 Pad Kit for Unit 1 Inv. 70054835 05/24/2011 Dot 3 BRK Fld 1 Gal 47.50 21.86 Check 118430 Date Paid:06/16/2011 Fastenal Company Amount: $98.92 Inv. MNPLY46824 05/26/2011 20- 1/2-13 S/S HevHxNut,20-1/2-13X2 FHSCS 97.48 S/S Inv. MNPLY47148 05/24/2011 1/2-13L1.75W11/16CPL 1.44 Check 118431 Date Paid:06/16/2011 Federal National Mtg Assoc Amount: $54.52 Inv. 24248466 06/15/2011 2750 Shadyview Ln N water refund 54.52 Check 118432 Date Paid:06/16/2011 FedEx Amount: $302.63 Inv. 750681754 05/25/2011 4.28/5.18.11 Fire,Eq,PD,Water 302.63 Check 118433 Date Paid:06/16/2011 Inv. RNT3919686 05/29/2011 Check 118434 Date Paid:06/16/2011 Inv. 110526 05/26/2011 Check 118435 Date Paid:06/16/2011 Inv. 1006185041 05/27/2011 Check 118436 Date Paid:06/16/2011 Inv.24205056 06/15/2011 Check 118437 Date Paid: 06/16/2011 Inv. 100129 06/10/2011 Check 118438 Date Paid:06/16/2011 Inv.9537183338 05/13/2011 Inv.9544059976 05/23/2011 Inv.9545545072 05/24/2011 Inv.9547087990 05/26/2011 Check 118439 Date Paid:06/16/2011 Inv.954231019 05/27/2011 Check 118440 Date Paid:06/16/2011 Inv. 3028 05/25/2011 Check 118441 Date Paid:06/16/2011 Inv.21941300 05/24/2011 Inv.22069800 05/25/2011 Inv.22069900 05/25/2011 Check 118442 Date Paid:06/16/2011 Inv.17654 05/13/2011 Inv.17687 05/19/2011 Inv.17692 05/23/2011 Inv.17693 05/23/2011 Check 118443 Date Paid:06/16/2011 Inv. 322517ORI 05/23/2011 Check 118444 Date Paid:06/16/2011 Inv.775937 05/19/2011 Inv.775949 05/19/2011 Inv.777547 05/25/2011 Ferrellgas LP 5.1.11/4.30.12 Propane tank rental Funfar Landscaping LLC Partial 2011 BR tree installation G&K Services Inc PW - City Uniforms Katie L & Erik L Genrich 5889 Upland Ln N water refund Gonyea Homes 16670 32nd Ave tree dep refund R15442 1.29.10 P201000163 Grainger Female Adapter 1/2 in. PK10 2-V Belts, 3 Phase Line monitor & Tripleguard 3 yr replacement 10 Cable Ties Pack of 50 Nut Splitter Graybar Electric Company Freight Charges on 953136573 Greyzone Productions Rapco/Horizon Direct box Grove Nursery Inc Hilde Plant Material 5 Lilac, 4 First Frost Hosta, & 5 Sun Power Hosta 3 Coreopsis, 5 Echinacea,5 Phlox Hance Utility Services Inc 5.11.11 Zachary Park locates 5.18.11 Bass Lake plyfld locates 5.20.11 Plym Crk plyfld locates 5.20.11 Parkers Lk plyfld locates Hawkins Water Treatment ZWP 1360gl Hydrofl, 329.0614gl LPC -9L Hedberg Aggregate Inc Retaining block & mortar Retaining block & mortar Retaining block & mortar Amount: $400.78 400.78 Amount: $5,800.00 5,800.00 Amount: $328.01 328.01 Amount: $275.19 275.19 Amount: $700.00 700.00 Amount: $419.87 16.29 159.18 209.48 34.92 Amount: $271.40 271.40 Amount: $35.00 35.00 Amount: $1,929.95 1,686.70 160.31 82.94 Amount: $385.50 115.50 115.50 44.50 110.00 Amount: $7,349.31 7,349.31 Amount: $2,109.89 1,752.30 275.31 49.37 Page 14 Page 1 of 18 6/21/2011 Inv. 777940 05/26/2011 Retaining block & mortar 32.91 70.00 Check 118445 Date Paid:06/16/2011 Chad M Heyrman Amount: 218.33 Inv. 24206262 06/15/2011 13760 54th Ave n water refund 218.33 Amount: $4,443.40 Check 118446 Date Paid:06/16/2011 Hopkins Parts Co. Amount: 27.04 Inv. 069497 05/25/2011 Battery and core deposit 99.03 4,590.75) Inv. 069532 05/25/2011 CR Memo for 69438 Battery 71.99) 4,443.40 Check 118447 Date Paid:06/16/2011 HSBC Mortgage Corp Amount: 150.00 Inv. 24243513 06/15/2011 15510 51st Ave N water refund 150.00 Check 118448 Date Paid:06/16/2011 Independent School District 284 Amount: 747.50 Inv. 23908 05/01/2011 May'11 Facility rental 747.50 Check 118449 Date Paid:06/16/2011 Infrared Heating Sales & Service Inc Amount: 205.06 Inv. 761532 05/27/2011 2 Vibration isolaters 205.06 Check 118450 Date Paid:06/16/2011 Kamida Inc Amount: 4,639.00 Inv. 001078 06/05/2011 SoShorePark Rmv/rplc concrete 4,639.00 Check 118451 Date Paid:06/16/2011 Kid Create Studio Amount: 595.00 Inv. 2271 06/10/2011 7 Story Time Art Camp 595.00 Check 118452 Date Paid:06/16/2011 Knife River Corporation Amount: 10,961.97 Inv. 110111 06/14/2011 Proj10020 #2/Final 2010 Temp Overlay 10,961.97 Check 118453 Date Paid:06/16/2011 Landscape Alternatives Amount: 2,302.12 Inv. 00002551 05/26/2011 Arbor Day plant material 484.99 Inv. 00002552 05/26/2011 Millennium Garden Prairie Materials 1,817.13 Check 118454 Date Paid:06/16/2011 League of MN Cities Ins Trust Amount: 349,239.00 Inv. 36971 05/24/2011 4.1.11/4.1.12 Municipality CMC 32992 349,239.00 Check 118455 Date Paid:06/16/2011 Lighten UP, LLC Amount: 6,882.02 Inv. 1465 02/16/2011 FS 1 Interior relamp/retrofit project 6,882.02 Check 118456 Date Paid:06/16/2011 LSC Resource Inc Amount: 108.72 Inv.23303 05/26/2011 Scofield, Berglund, Moreen,Perala,Moen 108.72 Business Cards Check 118457 Date Paid:06/16/2011 MAGC/MN Assoc of Govt Communications Amount: $70.00 Inv. NLB11 PLY 05/27/2011 LaFave/Vigoren banquet tickets/Northern 70.00 05/26/2011 30-70# Sand in Tube 137.23 Lights Date Paid:06/16/2011 Check 118458 Date Paid:06/16/2011 Amount: $74.32 Martin Marietta Materials Amount: $4,443.40 Inv. 9366204 05/09/2011 See credit 9394223/reinvoice 9394224 4,590.75 Inv. 9394223 05/23/2011 Cr inv 9366204/reinvoice 9394224 4,590.75) Inv. 9394224 05/23/2011 5.5/5.6.11 212.12ton Rip Rap 4,443.40 Check 118459 Date Paid:06/16/2011 Inv. 110608 06/15/2011 Check 118460 Date Paid:06/16/2011 Inv.20776 05/20/2011 Inv.20787 05/24/2011 MAVA/Minnesota Association for Volunteer Admin Amount:$50.00 2011 Jackie Maas Membership $50.00 McPhillips Bros Roofing Amount: $834.00 IC repair corners on scupper $503.00 IC Caulked outside of scupper & patched hole $331.00 in rubber Check 118461 Date Paid:06/16/2011 Menard Inc Amount: $137.23 Inv. 2165 05/26/2011 30-70# Sand in Tube 137.23 Check 118462 Date Paid:06/16/2011 Metro Fire Amount: $74.32 Inv. 41143 05/25/2011 Retractable Belt Clip Sssy Replacement for 74.32 E21 Lost Page 1 of 18 Page 15 6/21/2011 Check 118463 Date Paid:06/16/2011 Minnesota Pollution Control Agency Amount: $23.00 Inv. 110613 06/15/2011 Alex Morris renew SB sewer license 23.00 Check 118464 Date Paid:06/16/2011 Minnesota Safety Council, Inc Amount: $660.90 Inv. 14037 05/23/2011 8 Nighthawk carbon monoxide detectors/resale 265.95 Inv. 14063 05/23/2011 12 Nighthawk carbon monoxide 394.95 Batteries detectors/resale Check 118465 Date Paid:06/16/2011 MN Fire Serv.Certification Brd Amount: $300.00 Inv. 907 05/19/2011 5.14.11 Flores, Friske,Spencer exams 300.00 Check 118466 Date Paid: 06/16/2011 Inv.388545 05/12/2011 Inv. 389361 05/24/2011 Inv.389362 05/24/2011 Inv.389902 05/31/2011 Inv.390178 06/07/2011 Check 118467 Date Paid:06/16/2011 Inv. 110531 05/31/2011 Check 118468 Date Paid:06116/2011 Inv.24153674 06/15/2011 Nardini Fire Equipment Co Inc 2011 IC Fire Extinguisher inspect Mar'11 ZWP Fire extinguisher inspect Mar'11 Public Safety fire extinguisher inspects Mar'11 FS1 fire extinguisher inspect CC 2011 Halon system inspection New Paper LLC 5.13/5.24.11 In store charges Darci Noelting 15915 27th Ave N water refund Check 118469 Date Paid:06/16/2011 North Memorial EMS Education Inv. 4194 05/12/2011 6.9/7.14.11 Lanik/1st Responder Initial/EMR textbook Check 118470 Date Paid:06/16/2011 Northern Safety Technology Inv. 27642 05/25/2011 Strobes for New Trucks Check 118471 Date Paid:06/16/2011 Inv.24117267 06/15/2011 Becky O'Donnell 3195 Walnut Grove Ln n water refund Amount: $2,214.27 269.82 430.39 1,168.83 115.23 230.00 Amount: $130.80 130.80 Amount: $15.14 15.14 Amount: $180.00 180.00 Amount: $418.65 418.65 Amount: $13.89 13.89 Check 118472 Date Paid: 06/16/2011 Office Depot Amount: 455.78 Inv. 564864417001 05/19/2011 4 2GB Kinston USB Drives 34.16 Inv. 564985912001 05/19/2011 CD -3 BX Labels 60.95 Inv. 565003350001 05/19/2011 PD -Pk Post Its,Desktop Calculator & 2 PK AAA 38.97 Batteries Inv. 565312895001 05/23/2011 ENG -Laser Pointer, Envelopes, Ltr Files,Pocket 134.28 Files,Tape,Pens Inv. 565349092001 05/23/2011 PW -1 PK Pkg Tape, 2 Printer Cartridges 89.13 Yellow Inv. 565394080001 05/23/2011 PD -Bus Card Holder,3 BI letter trays, 1 52.48 Organizer Mesh Tray Inv. 565648357001 05/25/2011 CD -2 DZ Sharpie Markers 16.22 Inv. 565735988001 05/25/2011 PD -1 BX Tags 29.59 Check 118473 Date Paid:06116/2011 Printers Service Inc Amount: 36.00 Inv. 253806 05/25/2011 PIC -77" Ice Knife Sharp 36.00 Check 118474 Date Paid:06/16/2011 Project for Pride in Living Industries Amount: 984.00 Inv. 0138316IN 05/21/2011 5.21.11 Spec Recycle drop off/mattresses 984.00 Check 118475 Date Paid:06/1612011 Public Storage Inc/PSI Amount: 6,000.00 Inv. 071002A 06/15/2011 R200721476 10.2.07 SIPA refund 13011 HWY 6,000.00 55/2320 Xenium Check 118476 Date Paid:06/16/2011 Qwest Amount: 1,096.87 Inv. E2325760611 06/01/2011 Jun'11 E23.2576 107.95 Inv. E4404790611 06/01/2011 Jun'11 E44.0479 539.71 Page 16 Page 1 of 18 6/21/2011 Inv. E4404930611 06/01/2011 Jun'11 E44.0493 Check 118477 Date Paid:06/16/2011 Randy's Sanitation Inc Inv. 141320511 05/19/2011 May'11 PW/PM Rubbish Removal Inv. 141570511 05/19/2011 May'11 CC/PS Rubbish Removal Check 118478 Date Paid:06/16/2011 Reinders Inc Inv. 300891100 05/18/2011 Pesticides & Grass Seeds Inv. 300909900 05/25/2011 1000LB 50/50 Blue/Rye seed mix Check 118479 Date Paid:06/16/2011 Inv.2011269 06/02/2011 Check 118480 Date Paid:06/16/2011 Inv. 110608 06/08/2011 Check 118481 Date Paid:06/1612011 Inv. 110612 06/12/2011 RMR Services LLC May'11 10353 Meter reads Sam's Club 5.8/5.17.11 IC Concession resale Scott's Windows and Doors LLC 16511 28th Rehab loan payment 449.21 Amount: $1,000.05 373.86 626.19 Amount: $2,412.18 648.74 1,763.44 Amount: $4,658.85 4,658.85 Amount: $6.72 6.72 Amount: $1,910.00 1,910.00 Check 118482 Date Paid: 06/16/2011 Crispen Semakula Amount: $105.89 Inv. 24179027 06/15/2011 317 Zinnia Ln N water refund 105.89 Check 118483 Date Paid:06/16/2011 Peter N Shapiro & Susan K Himmelman Shapiro Amount:$13.85 Inv. 21482201 06/15/2011 445 Upland Ln n water refund 13.85 Check 118484 Date Paid:06/16/2011 Robert M Sivanich Amount: $15.02 Inv. 24246031 06/15/2011 3905 Zircon Ln N water refund 15.02 Check 118485 Date Paid:06/16/2011 Southern Coating Systems LLC Inv. 4909 05/20/2011 Plymouth Creek Park rubber surface misc repairs Check 118486 Date Paid:06/16/2011 St Joseph Equipment Inc Inv. SR17127 05/24/2011 5.26/5.31.11 Compactor rental Check 118487 Date Paid:06/16/2011 Stanley Security Solutions Inc Inv. CH555217 04/19/2011 12 Keys Inv. CH557451 05/27/2011 Keyed Part Inv. CH557452 05/27/2011 Keyed Part Check 118488 Date Paid:06/16/2011 Inv. 1839717 05/25/2011 Inv. 1840262 05/26/2011 Inv. 1840272 05/26/2011 Inv. 1840274 05/26/2011 Inv. 1840471 05/27/2011 Inv. 1840473 05/27/2011 Inv. 1840475 05/27/2011 Check 118489 Date Paid:06/16/2011 Inv.1319189 05/26/2011 Inv.1319190 05/26/2011 Inv. 1319191 05/26/2011 Inv.1319192 05/26/2011 Inv.1319193 05/26/2011 Streicher's Inc FD -6 -Mourning Black Elastic Bands FD -Duty Maxx Navy Shirt FD -Duty Maxx Navy Shirt FD -Navy Shirt XXL Tactel Navy Jacket FD- Tactel Navy Jacket FD-Womens Shirt and EMT Emblem Amount: $4,400.00 4,400.00 Amount: $584.61 584.61 Amount: $171.19 71.39 56.84 42.96 Amount 4.81 52.99 52.99 52.99 99.99 99.99 55.12 418.88 Sun Newspapers Amount: $531.96 Publish Lnacaster Mill & Overlay Project 11010 137.28 Publish Ordinance 2011-12 Amendment 28.60 Pubish Notice of Audio Video Improvements in 88.66 Council Chamber Publish Notice Of Lighting/Acoustical 88.66 Improvements Publish Street Recon E Parkes Lake Project 188.76 10001 Check 118490 Date Paid:06/16/2011 SW/WC Service Cooperatives Inv. 110701 05/26/2011 Jul'11 BCBS Health Insurance Page 1 of 18 Amount: $194,002.00 194,002.00 Page 17 6/21/2011 Check 118491 Date Paid:06/16/2011 Karen & Aubrey Tarpley Inv. 11225101 06/15/2011 4630 Ranchview Ln n water refund Check 118492 Date Paid:06/16/2011 Terminal Supply Company Inv. 5052800 05/25/2011 4 WH-VTX609A Check 118493 Date Paid:06/16/2011 Inv. 5586 05/23/2011 Inv. 5588 05/23/2011 Inv. 5592 05/24/2011 Total Control Systems Inc 5.11.11 SCADA repairs 5.16.11 SCADA repairs 5.22/5.23.11 Green Tree SLS pumps repair/Weston storm high Ivl a Amount: $21.20 21.20 Amount: $460.98 460.98 Amount: $2,171.61 726.40 826.11 619.10 Check 118494 Date Paid: 06/16/2011 Town & Country Landscaping of Rogers Inc Amount: $729.06 Inv. 3177 05/31/2011 Seed and erosion control $729.06 Check 118495 Date Paid:06/16/2011 Inv. 5212 05/24/2011 Inv. 5221 05/25/2011 Check 118496 Date Paid:06/16/2011 Inv. 017224 05/21/2011 Inv. 017256 05/23/2011 Inv. 017267 05/21/2011 Inv. 018757 05/21/2011 Check 118497 Date Paid:06/16/2011 Inv. 110613 06/13/2011 Check 118498 Date Paid:06/16/2011 Inv.78073 05/24/2011 Check 118499 Date Paid:06/16/2011 Inv.002907834 05/17/2011 Check 118500 Date Paid:06/16/2011 Inv. F211190027A 04/29/2011 Check 118501 Date Paid:06/16/2011 Inv.598695305006 06/01/2011 Check 118502 Date Paid:06/16/2011 Inv. 110610 06/10/2011 Check 118503 Date Paid:06/16/2011 Inv. 51472281600511 05/26/2011 Inv. 51554915750511 05/26/2011 Inv. 51618204530611 05/31/2011 Check 118504 Date Paid:06/16/2011 Inv. 437121 05/26/2011 Inv. 437123 05/26/2011 Inv. 703613 05/26/2011 Check 118505 Date Paid:06/16/2011 Inv.54101462 04/15/2011 Check 118506 Date Paid:06/16/2011 Inv. SW050167163 05/31/2011 Check 118507 Date Paid:06/16/2011 Inv. 110609 06/09/2011 Traffic Marking Services Inc Amount: $28,224.17 5.24.11 Traffic marking paint city streets $9,038.10 5.23,2401,2011 Traffic marking paint on city $19,186.07 streets Trugreen 5.21.11 Plymouth Playfield 5.23.11 Parkers Lake fertilize/weed control 5.21.11 Green Oaks fertilize/weed control 5.21.11 Oakwood fertilize/weed control Ultimate Martial Arts Inc Tae Kwon,Youth,Little Tiger Uniforms Unlimited Inc. PD -Batteries for X-26 Taser Valspar Paint 24 5gl Yellow Field marking paint W D Larson Companies LTD Inc Filters Waste Management Services Jun'11 IC Rubbish Removal Wright -Henn Elec. Co. Street Lighting 06.28.11 Xcel Energy 4.17/5.19.11 2 Water Towers 4.14/5.19.11 6 Lift Stations 3.31/5.19.11 Traffic Signals Yocum Oil Company Inc 201gl Unleaded fuel 4809gl Unleaded fuel 3006gl Diesel fuel Zee Medical Service PW Medical resupply Ziegler Inc Install relay on generator set Derek Asche 5.17/6.9.11 Amount: $3,501.39 921.84 1,322.64 521.04 735.87 Amount: 700.00 700.00 Amount: 111.45 111.45 Amount: 1,024.72 1,024.72 Amount: 44.84 44.84 Amount: 262.30 262.30 Amount: 8,454.88 8,454.88 Amount: $3,234.51 74.66 915.11 2,244.74 Amount: $26,424.09 543.83 16,078.89 9,801.37 Amount: $207.74 207.74 Amount: $410.51 410.51 Amount: $358.25 358.25 Page 18 Page 1 of 18 6/21/2011 Check 118508 Date Paid:06/16/2011 Erika Commers Amount: 32.13 Inv. 110607 06/07/2011 5.20/6.7.11 63 Mileage Reimb 32.13 Check 118509 Date Paid:06/16/2011 Diane Evans Amount: 46.92 Inv. 110613 06/13/2011 5.13/6.13.11 92 Mileage Reimb 46.92 Check 118510 Date Paid:06/16/2011 Great Cilps IMAX Theatre Amount: 146.00 Inv. 110617 06/15/2011 6.17.11 Field trip 146.00 Check 118511 Date Paid:06/16/2011 Travis Karlen Amount: 52.69 Inv. 110516 05/16/2011 5.13/5.16.11 Goodwill/Michaels Park&Rec 52.69 Prog supplies Check 118512 Date Paid:06/16/2011 Minnesota Zoo Amount: 234.00 Inv. 110617 06/15/2011 6.17.11 Day Camp Field trip 234.00 Check 118513 Date Paid:06/16/2011 Petty Cash Amount: 100.00 Inv. 110615 06/15/2011 Day Camp program petty cash 100.00 Check 118514 Date Paid:06/16/2011 Jacob Slattery Amount: 20.91 Inv. 110609 06/09/2011 6.8/6.9.11 41 Mileage Reimb 20.91 Check 118515 Date Paid:06/16/2011 Robert Topp Amount: 388.20 Inv. 110517 05/17/2011 5.4/5.17.11 DesertSnow K-9 registr/Countrylnn 388.20 2 nights Iowa Check 118516 Date Paid:06/16/2011 Anderson, Bill Amount: 100.00 Inv. Import - 1135 06/15/2011 Park and Rec Refund 100.00 Check 118517 Date Paid:06/16/2011 Capitola, Michelle Amount: 300.00 Inv. Import - 1134 06/15/2011 Park and Rec Refund 300.00 Check 118518 Date Paid:06/16/2011 Grace, Kim Amount: 67.00 Inv. Import - 1137 06/15/2011 Park and Rec Refund 67.00 Check 118519 Date Paid:06/16/2011 Tix, Ami Amount: 85.00 Inv. Import - 1136 06/15/2011 Park and Rec Refund 85.00 Total Payments: 262 Total Amount Paid: $1,900,434.87 Page 19 Page 1 of 18 6/21/2011 Date: 6121111 Time: 11:20:57 AM H.M.S. Windows - Housing Assistance Payments Page: 0001 PAYMENT REGISTER -SUMMARY Q:1hmslreportsWAYSUM.QRP Bank Account Description/Account Number 3110681 Number Date Method Status Name Of Payee Total 0005026 6110111 Computer Ck. Paid Dawa Tashi $848.00 Total For Bank Account $848.00 Of Totals Transactions Computer Checks 2 $848.00 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: 848.00 Bank Account Description/Account Number 52840997 Number Date Method Status Name Of Payee Total 0005024 619111 Computer Ck. Void Dawa Tashi 0.00 0005025 6/9/11 Computer Cic. Void Dawa Tashi 0.00 Total For Bank Account $0.00 Of Totals Transactions Computer Checks 4 $0.00 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: $0.00 Total - All Bank Accounts Printed: $848.00 Page 20 CITY OF PLYMOUTH RESOLUTION NO. 2011 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING JUNE 18, 2011 WHEREAS, a list of disbursements for the period ending June 18, 2011 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: M & I Bank — Check Register General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing Redevelopment Check Register Total M & I — Housing Assistance Payments Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS Adopted by the City Council on June 28, 2011 501,461.03 424,133.68 970,840.16 4,000.00 1,900,434.87 1,901,282.87 1,901,282.87 Page 21 rp) City of Agenda 6.03 . O 3PlymouthNumber: v Adding Quoffty to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Marie Darling, Senior PlannerCOUNCILMEETING Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, June 28, 2011 Community Development Director Approve Planned unit development (PUD) Item: amendment to add a day care center within the Interfaith Outreach and Community Partners building at 1605 County Road 101 (2011031) 1. ACTION REQUESTED: Move to adopt the following for the application requested by Wayzata Independent School District #284, as recommended by the Planning Commission: a) An ordinance amending section 21655.44 of the zoning ordinance; b) A resolution approving findings of fact for an amendment to the zoning ordinance; and, c) A resolution approving a PUD amendment. Approval of the above items requires a 4/7 vote of the City Council. 2. BACKGROUND: On June 15, 2011, the Planning Commission conducted the public hearing on this request and subsequently voted unanimously to recommend approval. The applicant was present in support of the request. No one from the public requested to speak. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission's public hearing was published in the city's official newspaper and mailed to all property owners within 750 feet of the site. A copy of the notification area map is attached. Development signage remains on the site. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Ordinance Amending Section 21655.44 of the Zoning Ordinance Resolution Approving Findings of Fact for Amending the Zoning Ordinance Resolution Approving the PUD Amendment Page 1 Draft Planning Commission Minutes June 15, 2011 Page 2 6. PUBLIC HEARINGS A. WAYZATA INDEPENDENT SCHOOL DISTRICT #284 (2011031) Chair Davis introduced the request by Wayzata Independent School District #284 for a PUD amendment for a child care center within the Interfaith Outreach and Community Partners PUD for property located at 1605 County Road 101. Senior Planner Darling gave an overview of the staff report. Commissioner Anderson asked why there was additional language in the draft ordinance listing the City Council resolution number. Senior Planner Darling replied that with each PUD amendment, staff refers to the approving PUD general plan amendment resolution so that they cross reference each other. Commissioner Nelson asked if the applicant was already approved for a daycare/child care facility license. Senior Planner Darling deferred that question to the applicant. Chair Davis introduced the applicant, Terry Schneider, representing Interfaith Outreach and Community Partners. Mr. Schneider introduced Marcia Treno, representing Wayzata Community Education, in charge of child care. Ms. Treno responded that Wayzata Public Schools already has an early childhood day care/child care license for their program that is located within the Central Middle School. She said that the Interfaith would be considered by the State Department of Human Services to be a satellite site. She said that it would need to be independently licensed and that an application has been submitted, She said that the license cannot be finalized until inspections are completed. She said that the facility will need to be in accordance with all the guidelines set forth in licensing requirements so that there would not be a delay for their July 1St deadline. Commissioner Kobussen stated that the hours of operation listed would be from 9:00 a.m. to Noon and 1:00 p.m. to 4:00 p.m. He asked if they would ever operate through the noon hour since they would have drop -ins and other people who might want to be there during the noon hour. Ms. Treno replied that at this point, there is no intent to have a full day program there. She said that part of the stipulation to have a drop-in, is that the children are there no longer than three hours. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Nelson, seconded by Commissioner Anderson, to approve the request by Wayzata Independent School District #284 for a PUD amendment for a child care center within the Interfaith Outreach and Community Partners PUD for property located at 1605 County Road 101. Roll Call Vote. 7 Ayes. MOTION approved unanimously, Page 2 Agenda Number File 2011031 ; PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Marie Darling, Sr. Planner (509-5457) through Barbara Thomson Planning Manager MEETING DATE: June 15, 2011 APPLICANT: Wayzata Independent School District #284 PROPOSAL: PUD amendment for a child care center within the Interfaith Outreach and Community Partners PUD LOCATION: 1605 County Road 101 GUIDING: C (Commercial) ZONING: PUD (Planned Unit Development) REVIEW DEADLINE: September 30, 2011 DESCRIPTION OF REQUEST: The applicant proposes to include a drop-in child care center within the Interfaith Outreach and Community Partners (IOCP) building. The majority of the children served by the center would be the childcare of adults participating in community education activities on-site, with a few spaces available to the general community. Notice of the public hearing was published in the city's official newspaper. A mailed notice was sent 12 days prior to the public hearing. A copy of the notification area map is attached. Development signage has been posted on the property. Page 3 File 2011031 Page 2 CONTEXT: Surrounding Uses Natural Characteristics of Site This site is located in the Minnehaha Creek watershed. The north half of the property is within the shoreland overlay district for Kraetz Lake. No portion of the property is within a floodplain or wetland. The site contains mature trees, but is not subject to tree preservation. No site alterations are proposed as part of this request. Previous Actions Affecting Site In 1972, the City Council approved a site plan for a 25,000 -square foot supermarket, a 13 -foot variance from the front setback (County Road 101), and a 9 -foot variance from the west property line (Merrimac Lane). That same year, the city acquired a 27 -foot easement adjacent to County Road 101 for roadway purposes. In 1982, the City Council approved a site plan amendment for a 5,760 square foot building expansion and a 16 -foot variance from the south property line. In 1997, the City Council approved a site plan amendment for a 7,800 square foot addition and variances to allow the building and a drive aisle to be 27 feet and seven feet respectively, from the west property line. In 2010, the City Council approved a PUD amendment to allow uses not permitted in the original PUD that are integral to 10CP's community service programs so that the agency could move its offices to the subject property. IOCP is in the process of renovating the building for itself and its service partners, including the Wayzata School District. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving PUD amendments. A PUD amendment must be consistent with the city's comprehensive plan. The city may impose Page 4 Land Use Guiding Zoning North Apartments LA -4 RMF -4 Plymouth Colony) South Dental Office C C-2 East Oakwood Elementary P -I RSF-1 West Townhouses LA -3 RMF -1 Single Family Homes I LA -1 RSF-1 Natural Characteristics of Site This site is located in the Minnehaha Creek watershed. The north half of the property is within the shoreland overlay district for Kraetz Lake. No portion of the property is within a floodplain or wetland. The site contains mature trees, but is not subject to tree preservation. No site alterations are proposed as part of this request. Previous Actions Affecting Site In 1972, the City Council approved a site plan for a 25,000 -square foot supermarket, a 13 -foot variance from the front setback (County Road 101), and a 9 -foot variance from the west property line (Merrimac Lane). That same year, the city acquired a 27 -foot easement adjacent to County Road 101 for roadway purposes. In 1982, the City Council approved a site plan amendment for a 5,760 square foot building expansion and a 16 -foot variance from the south property line. In 1997, the City Council approved a site plan amendment for a 7,800 square foot addition and variances to allow the building and a drive aisle to be 27 feet and seven feet respectively, from the west property line. In 2010, the City Council approved a PUD amendment to allow uses not permitted in the original PUD that are integral to 10CP's community service programs so that the agency could move its offices to the subject property. IOCP is in the process of renovating the building for itself and its service partners, including the Wayzata School District. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city has a relatively high level of discretion in approving PUD amendments. A PUD amendment must be consistent with the city's comprehensive plan. The city may impose Page 4 File 2011031 Page 3 reasonable requirements in a PUD as deemed necessary to protect and promote the general health, safety and welfare of the community. ANALYSIS OF REQUEST: The applicant proposes to operate a drop-in, child care center in approximately 1,150 square feet of the IOCP building in close proximity to the community educations rooms (refer to the attached concept floor plan). The center would be licensed for 24 children and have 2-3 employees, depending on the number of children present at any one time. The hours of operation would be from 9:00 a.m. to noon and 1:00 p.m. to 4:00 p.m. Each child would be limited to a maximum of three hours of care per day, IOCP has a playground on the south side of the building that would be accessible to the day-care. No exterior construction is proposed at this time. The PUD allows the following uses: 1) any permitted, interim or accessory uses allowed in the C-2 district; 2) sports and fitness clubs no greater than 45,000 square feet; 3) clothing and furniture sales up to 10,000 square feet; 4) training and tutoring services; and 5) food distribution grocery). Day care facilities, whether an accessory or principal use, are allowed as conditional uses within the C-2 zoning district. FINDINGS AND CONCLUSIONS: The purpose of this PUD is to provide a customized zoning district to allow the reuse of an existing retail building. A PUD provides for variations to the strict application of the city's land use regulations in order to improve site design and operations, while at the same time incorporating design elements that exceed the city's standards in order to offset any variations. The city has a high level of discretion in determining whether an applicant has sufficiently offset requests for flexibility with standards that exceed the city's requirements. Comprehensive Plan Child care centers are frequently located in areas with C (commercial) guiding and are consistent with the comprehensive plan. Zoning The subject property is zoned PUD. The conditional uses in the C-2 district were intentionally withheld fiom the PUD so that the city would have more discretion over uses that could have more impact on the adjacent neighborhood, like gas stations and drive-through windows. Section 21150 zoning ordinance provides criteria and performance standards for determining whether day cares would be allowable uses, including: 1) access to sewer and water, 2) buffering Page 5 File 2011031 Page 4 of play areas, 3) parking, 4) loading and 5) signage. The site is served with sewer and water, a loading area is provided on the south side of the building; and no signage for the day care is proposed. The other criteria are addressed below. Play area buffering: The IOCP building has a play area located on the south side of the property adjacent to commercial property. The playground is buffered by the activity at the dental office by an existing retaining wall constructed into the side of a landscaped berm. Parking: The zoning ordinance requires 157 spaces for the office, retail and day care uses on the property, and there are 169 spaces provided. Based on the limited impact to the neighborhood and consistency with the required criteria and standards, staff finds the proposed use compatible with the PUD. RECOMMENDATION: Community development department staff recommends approval of the request for a PUD amendment to allow a child care facility at 1605 County Pcoad 101 for the Wayzata Independent School District #284, subject to the conditions in the attached resolution. ATTACHMENTS: 1. Draft Ordinance Amending Section 21655.44 of the Zoning Ordinance 2. Draft Resolution Approving Findings of Fact for Amending the Zoning Ordinance 3. Draft Resolution Approving the PUD Amendment 4, Applicant's Narrative 5. Location Map 6. Aerial Photo 7. Notification Area Map 8. Site Graphics PACommDev%STAFFREP%PCV01 IV011031 pc ]OCP PUDA daycare,danx Page 6 0?a1106( Wayzata School District request for drop-in child care center at Interfaith Outreach & Community Partners new facility at 1605 Co. Rd. 101 Description of request: As an integrated component to providing adult community education services, the school district is requesting an amendment to the Planned Unit Development Agreement to allow the inclusion of a 20 child capacity drop-in day care center and 4 child capacity infant drop-in day care center. The center would provide early childhood education services primarily to an underserved population from the district. The majority of available slots would be available to children of adults participating in community education activities, with some limited number of slots available to the general community. The day care consists of 1,150 SF located just to the south of the community education space (see attached location and day care space plan). The community room is designed to allow the south portion to serve as a large muscle exercise area for the drop-in day care center. Because the daycare will limit the time a child can stay at the center to three hours or less, it qualifies as a "licensed drop-in day care" center. The center has the same staffing and space per child criteria as a full day care center, but is exempt from the food service and playground criteria. Even though a playground is not required, Target Corporation has donated a playground on the south side of the building that will be accessible from the day care center via a short corridor (see attached layout for the playground). The playground would be fenced and when used by the day care center staffed with the appropriate number of staff members. The drop-in day care center would operate daily from 4:00 AM to12 (noon) and 1:00 PM to 4:00 PM. Page 7 y Road 6 k Location Map- 2011031 Legend Wayzata Independent School District #284 ® C, Comercial 1605 Co Rd 101 Q111 CC, City Center CO, Commercial Office Request for PUD Amendment IP, Planned Industrial 0 LA -1, Living Area 1 0 LA -2, Living Area 2 rkw 0 LA -3, Living Area 3 LA -4, Living Area 4 pity of 0 LAR, Living Area Rural Plymouth, Minnesota Z? P -I, Public/Semi-Publiclinstitutional 500 250 0 500 1,000 1,500 Feet age wirsTrOT07F."s imlif 7F 4w z- ------ - - - --- --- at wirsTrOT07F."s imlif 7F Ir Hennepin County Mailing Label Map Provided By: Taxpayer Services Department J 01), 8.4 nell tl!d 111 (11) (46) 52 J 1 lsslt SS) (3) ( 15J (44) (96) WJ_ (4?J }- ' Y t76} l 43) f 1 F ( 401 b fJJ4s az 27t) 34 T} l40l t i r IiBJ (47) i Jam, ( l (moi X44) l`ti j, uJ tJ i 1 t10J 08) 71 Notification Area Map 4`WZ14J 144.1103) f - Water 1 j Park j Parfet Buffer Region Selected Parcels MAY 262041 Major Roads Minor Roads u i' 3-118--3 11$#2 44 .`,. l$J ttaJ :. 127) For more information contact: Print Date' 5/25/201 Hennepin CountyGIS Division 300 South 6th Street Map Scale: V = 412' Minneapolis, MN 55487 gis.info@co.hennepin.mn.us Buffer Size: 750 fee I Map Comments: j -Type Comments Here Notification Area Map 4`WZ14J 144.1103) f - Water 1 j Park j Parfet Buffer Region Selected Parcels MAY 262041 Major Roads Minor Roads u Wayzata School District - Drop-in child care center layout 5118111 EIVE MAY 2 0 201Gffy(1 COMMUNITY DEVELN7 UFPARTMENT y3'tv.o-41N Y3dOl aA.WW1NlYi0' H pWAId j6AJYJ j jj{ 1 Q1. G Yg11 I•-d pV L J p O Z z rsn w q 4 i z LL c) N F+ O3 D c f n i..L C3 a Ox 1 O m d E•'I 0v 10fRm II I co cn xOYycx n_ 0 • xW o IL al 4—j P Z ml I UJ C) T U) ryl Y f Q U C-0 e v 1Zt .i` jmlon jj Im OL xwm i JI fM1 U i U 11 ;I i i 111-6 N K i 4 d7 VO O] t QI En N cd fj- 1S U Q N E v9: C Ih1CCm ri f 42 t" N iU7 Q O C m C U O I U j Q Y m j N ai x L)Fmo m Z;` C P u I Page 12 I•-d L J z rsn w 1J a co z CD N F+ D c f n i..L II o r n_ 4—j P Z UJ C) T U) ryl Y f U C-0 Lo Page 12 201109( JResalestwe V Presortarea 182 [>$sFi r.661aaus 80 185 tat I IaCP Building Space Plan 5117/11 age 13 J 100 ip2 u u o Pre1A— ® Reception & Seating 193 103 10, 104 109 0 0 105 106 1607 f06 til 110 Community Ed, 123 124 125 Lill L117 ,z7a 129 1.147OF) ResaleSop Hennepin Ca 170 192 1,•!sAF1 112 120 12l 123 1.447OF) 134 133 r32 P31 r30 r9lr29 IZ__________________ 113 119 118 Computer Training Community Ed, Community Ed. aa1 OF) 909 171 alarage B Pricing area 119189 115 116 117 135 pwSF)191 15.7st7 Co TOCP Space 189 q..a 6190 947 10.1 140 Mai Workroom Infan 139 136 art hildhoo 142 138 Learnin i68 erste 1.1009F) Food Shelf 143 150 151 137 Community Room 188 149 152 159 160 178 5.411 5F) 144 15a 161 La a motorskillarea 148 53 163 174 w 175157162 145 154 Reflection 147 7S' 10, rago Storagel4Nprkroom Tahle Stor. 1ss Storage I asf}4q6OOrp 154 165 176 183 EI 77 F—• iB9 167 179 I JResalestwe V Presortarea 182 [>$sFi r.661aaus 80 185 tat I IaCP Building Space Plan 5117/11 age 13 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2011 - AN ORDINANCE AMENDING CHAPTER 21 OF THE CITY CODE TO AMEND INTERFAITH OUTREACH AND COMMUNITY PARTNERS PUD FOR PROPERTY LOCATED AT 1605 COUNTY ROAD 101 (2011031) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendment of City Code. Chapter 21 of the City Code of the City of Plymouth, Minnesota is hereby amended by amending language to Section 21655.44 — INTERFAITH OUTREACH AND COMMUNITY PARTNERS, as follows: 21655.44 INTERFAITH OUTREACH AND COMMUNITY PARTNERS: Subd. 1. Legal Description. This PUD is currently legally described as follows: Tract C, Registered Lane Survey 1301, files of the Registrar of Titles, County of Hennepin. Subd. 2. Incorporated herein by reference are the Gold's Gym PUD plans received by the City on January 24 and February 26, 2008, except as may be amended by City Council Resolution 2008-095, on file in the Office of the Zoning Administrator under file 2008007---atd the revision to the PUD general plan to allow training and tutoring services, food distribution, and clothing and furniture sales in accordance with the plan received by the city on April 16, 2010, except as amended by City Council Resolution 2010-151, on file in the office of the Zoning Administrator under file 2010032.- and the revision to the PUD general plan to allow day care facilities in accordance with the plans received by the city on May 20, 2011, except as amended by City Council Resolution 2011- Subd. 3. Allowable Uses. The allowable uses are any permitted, interim or accessory uses allowed in the C-2 district, sports and fitness clubs no greater than 45,000 square feet, clothing and furniture sales up to 10,000 square feet, training and tutoring services, food distribution (grocery), and day care facilities. All of the uses listed above shall be considered "permitted" uses in the PUD, provided they comply with all the development standards and conditions approved by City Council Resolution 2008-0895 and City Council Resolution 2010-151, on file in the Office of the Zoning Administrator under File 2008007 and 2010032. Subd. 4. Development Standards. Development standards shall be as indicated on the PUD General Plan approved by City Council Resolution 2008-0895, on file in the Office of Page 14 Ordinance 2011- 2011031 Page 2 the Zoning Administrator under File 2008007 and City Council Resolution 2010-151, on file in the Office of the Zoning Administrator under file 2010032. Subd. 5. Hours of Operation. Between the hours of 10:00 PM and 8:00 AM the following is prohibited: a. Distribution or sale of food, clothing, furniture and other items, and b. Delivery or dropping off food, clothing, furniture and other items. Section 2. Effective Date. This amendment shall take effect immediately upon its passage. ADOPTED by the City Council on June 28, 2011. ATTEST: Sandra R. Engdahl, City Clerk Kelli Slavik, Mayor Page 15 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION APPROVING FINDINGS OF FACT FOR AMENDING THE ZONING ORDINANCE TEXT FOR INTERFAITH OUTREACH AND COMMUNITY PARTNERS PUD TO ALLOW A DAY CARE FACILITY AS A PERMITTED USE, FOR PROPERTY LOCATED AT 1605 COUNTY ROAD 101 (2011031) WHEREAS, Wayzata Independent School District #284, has requested approval of a PUD (planed unit development) amendment to allow an additional use for the PUD located at 1605 County Road 101, presently legally described as Tract C, Registered Lane Survey 1301, files of the Registrar of Titles, County of Hennepin; and WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval; and WHEREAS, the City Council has adopted an ordinance amending the zoning ordinance text. 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 Wayzata Independent School District #284 allowing day care facilities as a permitted use in the PUD, based on the following findings: 1. The proposed use is consistent with the C land use designation on the comprehensive plan land use guide plan map. 2. The proposed use would meet the purpose and intent of the PUD zoning district by providing a controlled mix of commercial uses on the property. ADOPTED this 28th day of June, 2011. Page 16 Resolution 2011- 2011031) Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 28, 2011 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 Page 17 CITY OF PLYMOUTH RESOLUTION NO. 2011 - A RESOLUTION APPROVING A PUD GENERAL PLAN AMENDMENT TO ALLOW AN ADDITIONAL USE FOR PROPERTY LOCATED AT 1605 COUNTY ROAD 101 (2011031) WHEREAS, Wayzata Independent School District #284, has requested approval of a PUD general plan amendment for property legally described as Tract C, Registered Lane Survey 1301, files of the Registrar of Titles, County ofHennepin; 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 Wayzata Independent School District #284 for a PUD general plan amendment for the property located at 1605 County Road 101, subject to the following conditions: 1. A PUD general plan amendment is approved to add day care facilities as a permitted use according to the materials received by the city on May 20, 2011, except as amended by this resolution. 2. Prior to commencement of the interior building alterations, the applicant shall obtain a building permit. 3. The applicant shall work with the fire inspector in the field to add fire lane signs in approved- locations pprovedlocationsalongthefirelane. 4. A paved, four -foot sidewalk is required through the playground area from the building to the fire lane. 5. The fire lane shall be kept unobstructed and both the fire lane and the sidewalk shall be maintained year-round. 6. As no exterior construction is proposed as part of this PUD general plan amendment application, no PUD final plan shall be required. ADOPTED by the City Council on June 28, 2011. Page 18 Resolution 2011 - File No. 2011031 Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 28, 2011, 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 Page 19 rp)City of Agenda 6 . 0 4PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Marie Darling, Senior Planner June 28, 2011 Reviewed by: Barbara Thomson, Planning Manager, and Steve Juetten, Community Development Director Approve Preliminary and Final Plat and Variances for "Dog Item: Park" to allow acquisition of 3.24 acres for the Plymouth Dog Park and Northwest Greenway at 5835 Dunkirk Lane N 2011032) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a preliminary and final plat and variances for lot area, lot width and access to a public right of way for the "Dog Park" subdivision. Approval of a preliminary and final plat and variances requires a 4/7 vote of the City Council. 2. BACKGROUND: At their June 28, 2011 meeting, the Planning Commission voted unanimously to approve the request for preliminary plat and variances. The Planning Commission does not review requests for final plats. The minutes from the meeting are attached. No one from the public requested to speak regarding the request. Notice of the public hearing was published in the official newspaper and mailed to all property owners within 750 feet of the site. The notification map is attached. The development review committee has found the final plat application to be in conformance with the proposed preliminary plat. No development contract is necessary for this project as no public improvements are required as a condition of approval. 3. BUDGET IMPACT: The City Council authorized the acquisition of the property on April 26, 2011. The city would use the park dedication fund for the purchase of the property. The total price is $250,000 or $78,125 per acre. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Staff Report Resolution Approving the Preliminary and Final Plat and Variances Page 1 Draft Planning Commission Minutes June 15, 2011 Page 3 B. CITY OF PLYMOUTH (2011032) Chair Davis introduced the request by the City of Plymouth for a preliminary plat and variances for "Dog Park", a two -lot subdivision for the purpose of acquiring additional land for the Northwest Greenway and Plymouth Dog Park fof property located at 5835 Dunkirk Lane North. Senior Planner Darling gave an overview of the staff report. Commissioner Kobussen asked if there was already a variance approved for the current site since it doesn't meet the requirements for FRD or if it was grandfathered in previous to the zoning. Senior Planner Darling responded that when the FRD district was put in place with the 20 acre minimum lot size and the 500 foot frontage requirements, there was another section in the city code adopted that said that if the lots existed prior to the adoption date of that particular section of the ordinance, they were considered conforming lots at their present size. Chair Davis asked if the city had any plans to expand the dog park as a result of the purchase of this property. Senior Planner Darling replied that there are no plans along those lines right now. At the request of Commissioner Anderson and Chair Davis, Senior Planner Darling showed how this site fits into the overall Northwest Greenway corridor plan and where the current dog park is located using the Parks and Trails Plan page from the city's Comprehensive Plan. Senior Planner Darling confirmed for Commissioner Oakley the current property boundaries and where the city will be acquiring more land for neighborhood park facilities and for the Northwest Greenway trail corridor. Commissioner Oakley asked if Dunkirk Lane was proposed to have a 66 foot right-of-way eventually or if that would potentially be a different size. Senior Planner Darling responded that Dunkirk Lane would be a minor collector and would typically have a 60 foot right-of-way. She said that the extra three feet on this side of the property related to the fact that there is already a street easement over that portion of the property. Commissioner Oakley asked if the proposed development on the other side of Dunkirk Lane would dedicate a 30 foot easement on that side. City Engineer Moberg replied that on that particular piece of property, there was a 40 -foot wide roadway easement that was secured across that piece of property when it was subdivided a number of years ago. He said that in theory, there could end up being as much as 73 feet of dedicated right-of-way through that area. He said that in the Spring Meadows development, the city asked the applicant to confirm that, in that extra 7 feet over 33, there were no private utilities (overhead power lines, gas, telephone, etc.) or that they could demonstrate that if there were utilities in that 7 -foot wide strip, they would be willing to relocate them into a narrower right-of-way corridor. He said that in this case when we are looking at the 33 feet of existing easement, we don't want to necessarily require less right-of- way and then find out that there are utilities outside the 33 feet that would then be forced to relocate. He said that could then incur some costs to have that done and we don't want to create that hardship. Page 2 Draft PIanning Commission Minutes June 15, 2011 Page 4 Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Commissioner Anderson stated that it was nice to see the city making progress on the Northwest Greenway corridor and being creative in how they are acquiring land. He said that he would vote in support of this preliminary plat and variance request. MOTION by Commissioner Anderson, seconded by Commissioner Oakley, to approve the request by the City of Plymouth for a preliminary plat and variances for "Dog Park", a two -lot subdivision for the purpose of acquiring additional land for the Northwest Greenway and Plymouth Dog Park for property located at 5835 Dunkirk Lane North, Chair Davis stated that he agreed with Commissioner Anderson that it was good to see the city moving ahead, especially with the dog park as there have been some complaints from neighbors. He added that putting a buffer in between the park and the future developments was a good idea. Doll Cali Vote. 7 Ayes. MOTION approved. Page 3 Agenda Number File 2011032 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Marie Darling (509-5457) through Barbara Thomson, Planning Manager MEETING DATE: June 15, 2011 APPLICANT: City of Plymouth. PROPOSAL: Preliminary Plat to subdivide property Variances to lot area, lot width, and access to a public right-of-way LOCATION: 5835 Dunkirk Lane GUIDING: LA -RT (living area rural transition) ZONING: FRD (future restricted development) DESCRIPTION OF REQUEST: The City of Plymouth is requesting a preliminary plat and variance to subdivide the property at 5835 Dunkirk Lane for the purpose of acquiring 3.24 acres to: 1) become a part of the Northwest Greenway trail corridor and 2) provide a buffer between future homes and Plymouth Dog Park. The city proposes no construction at this time. The parcel is currently developed with one existing home and garage that would remain after the subdivision. Notice of the request was published in the official newspaper and mailed to all property owners within 750 feet of the site. The notification map is attached. Page 4 File No. 2011032 Page 2 CONTEXT: Surrounding Land Use and Zoning Previous Actions Affecting Site The existing home was constructed in 1965. The subject property is unplatted. On April 26, 2011, the City Council approved a purchase agreement for the property. Natural Characteristics of Site This site is located in the Elm Creek Watershed district. The property contains two wetlands and is subject to buffer requirements. The wetlands were not included on the city's wetland inventory, consequently, the city is currently assessing their quality. This project should be complete prior to City Council review of the application. The property is not located within a shoreland management overlay district or 100 -year floodplain. The site contains mature trees and is subject to tree preservation, however, no trees are being removed at this time. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a preliminary plat is limited to whether or not the proposed subdivision meets the standards outlined in the subdivision regulations and zoning ordinance. If it meets these standards, the city must approve the preliminary plat. The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards 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 for a variance. ANALYSIS: The city is proposing to subdivide the 7.73 acre property into two parcels: 1) a 3.21 acre parcel referred to as Lot 1, Block 1 on the attached drawing) that the city would purchase; and 2) a 4.3 acre parcel (referred to as Lot 2, Block 1) that includes the existing home and the remainder of the property that would remain under current ownership. The remaining .19 acres would be dedicated as right-of-way for Dunkirk Lane. Page 5 Adjacent Land Use Guiding Zoning North Single-family home LA -RT FRD East Farm land LA -R2 FRD South Single-family home Northwest Greenway trail corridor LA -RT FRD West Plymouth Dog Park P-1 P1 Previous Actions Affecting Site The existing home was constructed in 1965. The subject property is unplatted. On April 26, 2011, the City Council approved a purchase agreement for the property. Natural Characteristics of Site This site is located in the Elm Creek Watershed district. The property contains two wetlands and is subject to buffer requirements. The wetlands were not included on the city's wetland inventory, consequently, the city is currently assessing their quality. This project should be complete prior to City Council review of the application. The property is not located within a shoreland management overlay district or 100 -year floodplain. The site contains mature trees and is subject to tree preservation, however, no trees are being removed at this time. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a preliminary plat is limited to whether or not the proposed subdivision meets the standards outlined in the subdivision regulations and zoning ordinance. If it meets these standards, the city must approve the preliminary plat. The city's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards 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 for a variance. ANALYSIS: The city is proposing to subdivide the 7.73 acre property into two parcels: 1) a 3.21 acre parcel referred to as Lot 1, Block 1 on the attached drawing) that the city would purchase; and 2) a 4.3 acre parcel (referred to as Lot 2, Block 1) that includes the existing home and the remainder of the property that would remain under current ownership. The remaining .19 acres would be dedicated as right-of-way for Dunkirk Lane. Page 5 File No. 2011032 Page 3 Section 500 of the city code (the subdivision regulations) and section 21350 of the zoning ordinance (the FRD district) include regulations that preliminary plat applications must meet. Staff used these standards to review the application as follows. Subdivision. and Zoning Requirements Required Proposed Meets Requirements? Lot Arrangement (FRD) Lot Area 20 acres 3.21 ac and 4.3 ac No* Lot Width 500 feet 250.02 ft No* Tree preservation 50 % saved (or reforest) 100 % savedYes* Variance Requested Discussion Follows Comprehensive Plan The subject parcel is guided LA -RT (living area rural transition). The LA -RT designation identifies areas expected to see the least change during the planning period and the type of development anticipated include single-family homes, agriculture and private or public parks, trails and open space. All properties with this land use designation that are currently served by private well and septic system are zoned FRD to prevent premature development or subdivision of land in areas where public utilities are not available. Chapter 7 of the comprehensive plan states that as development occurs in northwest Plymouth, there will be an increased need for citywide park facilities with fewer and fewer parcels available. The comprehensive plan also indicates that it is important for the city to begin the process of analyzing needs and acquiring land for city parks, community playftelds/sports facilities and special use parks prior to development. Infrastructure No sewer or water services would be necessary to serve the parcel the city proposes to acquire, as the land is intended for a park and the use would not require these improvements. The home located on the eastern portion of the property is currently served by a private well and septic system. The plat proposes a 33 -foot roadway dedication for Dunkirk Lane which mirrors the existing easement. WPtl ande Prior to any park development on Lot 1, the city would need to provide wetland buffers. Similarly, the owner of Lot 2 would need to provide wetland buffers in the event they further subdivide the property or redevelop it for another use. Page 6 File No. 2011032 Page 4 Park Dedication Section 528 of the subdivision regulations requires that all subdivisions dedicate a portion of the land to the public for the provision of parks or provide an equivalent amount in cash. The purpose of the subdivision is to create a property for park purposes; consequently, no park dedication is required at this time. The owner of Lot 2 would be required to pay park dedication in the event they further subdivide the property or redevelop it for another use. Tree Preservation Although no tree removal is proposed at this time, the property is subject to tree preservation. As the property owner of Lot 1, the city would be subject to tree preservation if any improvements are constructed. Additionally, the owner of Lot 2 would be subject to tree preservation requirements if they further subdivide the property or redevelop it for another use. Sidewalk on Dunkirk Lane Section 524.07 of the subdivision regulations requires that a sidewalk be installed on one side of all local streets unless specifically waived by the City Council. Staff has requested that the City Council waive this requirement due to the following: 1) a sidewalk across one lot would be inconsistent with the rest of the neighborhood and 2) a sidewalk could be more efficiently completed in conjunction with a future Dunkirk Lane reconstruction project. Vnrinnrre The application requires three variances for: 1) lot area; 2) lot width; and 3) access to a public right-of-way. Lot Area and Width: Section 21350.13 of the zoning ordinance requires that all newly created parcels in the FRD district contain a minimum of 20 acres and have at least 500 feet of lot width as measured along a public right-of-way. Access to a Public Right -of -Way: Section 21105.03 of the zoning ordinance and section 524.03 of the subdivision regulations require that each lot have frontage and access directly on to an abutting, improved and city -accepted public street. Lot 2 would continue to have access off Dunkirk Lane. Lot 1 would have no access from a public right-of-way, but it is an addition to the Plymouth Dog Park and the Northwest Greenway trail corridor which have access to County Road 47 and Dunkirk Lane, respectively. FINDINGS/CONCLUSION: The subdivision would enable acquisition of a parcel of land for park/trail purposes and would not require the extension of streets or public utilities. Therefore, staff finds that it is not a premature subdivision of property. Page 7 File No. 2011032 Page 5 On May 5, 2011, the Governor signed new language into law regarding variances. The new language replaces the word "hardship" with "practical difficulties." As state law supersedes local ordinance, staff used the statute language to review the request. The city is in the process of updating its now -obsolete variance language and will rely on the new language in state law in the interim. Practical Difficulties: Staff has identified specific parcels of land to acquire for parks and trails purposes. Some park property acquisition can wait until affected properties subdivide, but other parcels, like this property, may not subdivide in the foreseeable future. Consequently, the requirements for lot area, lot size and access to a public right-of-way found in the zoning ordinance and subdivision regulations present practical difficulties for the city to be able to acquire park property. Unique Circumstances: The circumstances related to this request are not generally applicable to other properties in the FRD district. The city is proposing to acquire property for park and trail purposes and not for any development that necessitates the extension of infrastructure to the property. Essential Character: The proposal would not be detrimental to the public welfare or injurious to the neighborhood. The subdivision would not impair an adequate supply of light, increase congestion on public streets, increase the danger of fire, or diminish property values in the neighborhood. RECOMMENDATION: Community development department staff recommends approval of the request, subject to the conditions in the attached resolution. ATTACHMENTS: 1. Draft resolution approving the preliminary plat and variances 2. Figure 7-2 Park and Trail System Plan (Excerpt) 3. Location map 4. Aerial photo 5. Notification area map 6. Site graphics PACommDevWAFFREPTC1201112011031 pe dog park ppfp var,doc Page 8 w _' :'" FIGURE 7-2 r i r, Egan Park & Trail r I t y Systems Plan 4 K Legend Proposed Neighborhood or Mini Park Location OTrail Connection to Adjacent Community a In -- Existing Grade -Separated Crossing la e. Hlgl - - ` ' Proposed Grade -Separated Crossinghoot ::::::::::::. Proposed Crossingimprovement i - Etc6yde[diE Proposed At -Grade Railroad Crossing 1. = Existing Sidewalks and Trails Proposed Sidewalks and Trails LOga NfbFDfla I Existing Three Rivers Park District Regional Trail 1 3_`, t ?_ yes ---y• Proposed Three Rivers Park District Regional Trail i _ __ Y KI early__ - Future Northwest Greenway Ele ererla,y _ `s ply sl Existing On -Road Bike Route cre — - - Potential On -Road Bike Route FO City Limits Lakes Greenwoad :. ' City Park f" tlemenlaryr -,= Community Playfield Undevo[oped Community Playfield Possible Playfield Expansion eo a5 Possible Community Playfield (one site to be considered) Neighborhood Park r, School Tree --- p r School Park tsland rr Shiloh 0 Proposed School Park Expansion g - ` •I special Use Park Green:'® VE6aks - City -owned Open Space25lryA" T ' Regional Park Faxeddin Undeveloped Regional Trail Corridor Open Space yi Golf Course dfaonpY _ ImPisal _ t;+ - _ isrNaae f__ 0 0.25 0.5 1 1.5 2 MilesOakwood Oakwoudr Pla eld y lementary ' i THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORINGIAL SOURCE DOCUMENTS. 9TNAVE- ti zQiteensrnd. City ofwayza lea on Lak Wddb lemenlary Plymouth, Minnesota Dated AJOW 14 09 A=2: Location Map - 2011032 City of Plymouth Dog Park Subdivision Preliminary and Final Plat and Variances City of Plymouth, Minnesota 200 100 0 200 460 600 Feet LA -RT e Legend C, Comercial CC, City Center CO, Commercial Office IP, Planned Industrial D LA -1, Living Area 1 LA -2, Living Area 2 D LA -3, Living Area 3 LA -4, Living Area 4 LA -R1 F--;l LA -R2 LA -R3 LA -RT FA PA Publicl5emi-Publicllnstitutional Page 10 rp)city of Aerial Photograph - 2077032 Plymouth, Minnesota 300 150 0 300 600 900 TT Feet Page 11 Notification Area Map oZ V , o , V ZZ N X11 l Y3N1JOS]VNM 30 N31NWlo 3Mn NONNi06S3HI30NnISV3 — V7:fFP----- Y— I M.45,L1.05 ZO'OSZ "` l t / FiINON 3Ntl} 71i11MNn0 i t M,45,CLOS ZObald •i +00'if OOT[ t z0'L06Z Z m 1 aiv'ss'c f, T I 1 I I wRr, Ire , I I Io xz N 1 z of ap I aN 1 joutii I m 1 I 41, k jap IMhzI I G— ZO'OSZ 3.3S,LI.00N r_ o I I U i I I 13333.1 MOSE H,f1o5 3HL 30 133J L'90[ 15V3 I I om I ErIi Ak t0 1 SRI 3_YS,LI.ON G— ZO'OSZ 3.3S,LI.00N aY' ZZ N $I1 1 's 035 30 2f o U 1N 3H1i30 37VH Ni 3HI 30DE 7mM O 13333.1 MOSE H,f1o5 3HL 30 133J L'90[ 15V3 3N[ 30 1331 am js3H 3NI j0 3Nn 15V3-' om i Ak t0 lam• zC O v 9 0.q om s' i0'OOS 3.45,LI.ON ZZ y ge{ 1 v 035 30 N3lNVljo 1do i1vNWnus53lwm3N1 3N! i0 1331 C90[ ISV3 3111 A 3Nn ism --' SRI e w w y ism— mc3 u e s q°o m zC O v 9 0.q om s' n z`W3 gc s zoo F a iw z n SRI e ism— mc3 u e s q°o Sly c —"ova 9 0.q om s' n n s w LL Oo HEWN 9l°5m 9gne S I e5ao° i SEoSE a x N iEr: ism— mc3 u e sq°o Sly c —"ova 9 0.q om s' n Oaf Oo HEWN 9l°5m 9gne S e Sit oR1IIIII I a 36 239 Page 13 9 0.q om s' n Oaf oR1IIIIIa36239 39 9 05, wag 50 el i5 # X53 gam ma s= Page 13 L-........... 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SY' 'Y Y' min IN L 5: 'pa itI' IT-tt- 11Tf' L t S . q m S.. 5 E- Y .. _ Km TTT iwital Page 14 CITY OF PLYMOUTH RESOLUTION 2011 - A 011 - A RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT AND VARIANCES FOR THE CITY OF PLYMOUTH FOR "DOG PARK" FOR PROPERTY LOCATED AT 5835 DUNKIRK LANE NORTH (2011032) WHEREAS, the City of Plymouth has requested approval of a preliminary and final plat and variances to create a separate parcel for acquisition into the Northwest Greenway trail corridor on property located at 5815 Juneau Lane North, and WHEREAS, the property is legally described as follows: The West 280.00 feet of the East 1063.00 feet of the North 250.00 feet ofthe South 500.00 feet of the South Half of the Northwest Quarter of Section 5, Township 118 North, Range 22 West, Hennepin County, Minnesota. AND The West 280.00 feet of the East 1063.00 feet of the South 250.00 feet ofthe South Half of the Northwest Quarter of Section 5, Township 118 North, Range 22 West, Hennepin County, Minnesota. 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 the City of Plymouth for a preliminary and final plat and variances to create two parcels on property located at 5835 Dunkirk Lane North, subject to the following findings and conditions: The preliminary and final plat is approved in accordance with the application and plans received by the City on May 23 and June 1 and 2, 2011, except as may be amended by this resolution. 2. Variances to lot area, lot width and access to the public right-of-way are approved, based on the finding that the variance standards are met. 3. The requirement for sidewalks along Dunkirk Lane is hereby waived as: 1) a sidewalk across one lot would be inconsistent with the rest of the neighborhood and 2) sidewalks would be more efficiently completed with the future Dunkirk Lane reconstruction project. Page 15 Resolution 2011- 2011032) Page 2 4. Copies of the plat and a deed for Lot 1 shall be submitted to the City. 5. Wetland buffers shall be established consistent with the zoning ordinance on Lot 1 prior to installation of any future park improvements and on Lot 2 prior to any further subdivisions or redevelopment on Lot 2. 6. Tree preservation requirements shall apply to any further subdivision or redevelopment of Lots 1 and 2. 7. Park dedication shall apply to any further subdivision or redevelopment of Lot 2. 8. This approval shall expire one year after the date of approval, unless the property owner or applicant has recorded the plat, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 512 of city code. ADOPTED by the City Council on June 28, 2011. 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 June 28, 2011, 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 Page 16 rp)City of Plymouth Agenda 6 . O 5Number: v Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Derek Asche, Water Resources Manager June 28, 2011 Reviewed by: Doran Cote, Director of Public Works Payment No. 2 and Final Item: Wild Wings Flood Protection Improvement Project City Project No. 7135 1. ACTION REQUESTED: Adopt the attached resolution approving Payment No. 2 and Final in the amount of $8,009.98 to Minnesota Dirt Works, Inc. for the Wild Wings Flood Protection Improvement Project, City Project No. 7135. 2. BACKGROUND: The Wild Wings Flood Protection Improvement Project included surface water utility maintenance to relieve flood issues within the Wild Wings residential development by excavating nearly three acres of channels into the middle of the wetlands to provide surface water flow for drainage. In the past, surface water runoff was obstructed by dense vegetation in the wetland areas preventing drainage from streets, roofs, and yards from entering the wetland thereby causing street and yard flooding. Settling basins, approximately 500 square feet in size, were also constructed near the end of storm sewer pipes to increase the longevity of the channels. The channels are 26' wide with 3:1 side slopes and were excavated to a depth of 4' below the normal water elevation in each basin. 3. BUDGET IMPACT: This project is identified in the City's 2011 — 2015 Capital Improvements Program (CIP) for construction in 2011 with a project cost of $375,000. The total project cost including engineering/administration, construction, and wetland mitigation is $289,021.66. Funding will be from the Water Resources Fund for the following project components: 1. Engineering/Administration $26,723.24 2. Construction $132,402.50 3. Wetland Mitigation $129,895.92 289,021.66 3. ATTACHMENTS: Map Resolution Page 1 GENERAL NOTES 1, THE EXACT LOCATIGN Ill" UNDI::RGROUND UTILIIILS SUCH AS GAS, TELEPHONE, WATER, WATER, CTC. ARE UNKNOWN, I'HE: CONTRACTOR SHALL CONTACT GOPHER UNE CALL BEFORE CEMMENCING ANY EXCAVATION 2, ALL EXCESS EXCAVATED MATLRIAL, IS THE PRHi'CRTY OF I HF CONTRACTOR. 3, CONTRACTOR MUST MAINTAIN ERDSION CONTRIII. FIIR ENTIRE PROJECT. 4. ACCESS TO LOCAL RESIDENCES MUST BE MAINTAINED AT AL_I. TIMES THROUGIIIIUT CONSTRUCTION 5. A MINIMUM Cr 4B HRS NIFIICL IS REQUIRED FOR ALL STAKING REI]UESTS. 6. THE MEST CURRENT CITY OF PLYMOUTH ENGINEERING STANDARD DETAIL, SPECIFICATION FGR SEWER, WATER, STORM SEWER, & STRECiS APPLY TU E1 -11S PRpJUCT. 7. NO TREES OR SHRUBS ARE TO BC I. MOVFD UNLESS MARKED RY THE CITY OF PLYMOUTH FOR REMOVAL. 8, TRAFFIC CONTREL MOST BE PROPERLY MAINTAINED AT ALL TIMES IN ACCORDANCE WITH THE MNDOI' TEMPORARY TRAIT'1C CONTROL ZONE LAYOUTS DG KLET. 9. ACTUAL EXCAVATION LOCATIONS SHALL BE MARKED IN FIELD BY ENGINEER. 10 CENTRACTOR SHALL PROTECT ALL rXISTING LANDSCAPING. 11, CONTRACTIIR SHALL APPLY FUR NPDE. S PERMIT, 12, PRUPOSED SITE ACCESS IS SHOWN UN PLAN. CONTRACTIIR SHALL_ NEGOTIATE WITH HOMEOWNER IF DIFFERENT ACCCSS TS DESIRED. 13. CHANNEL A125NMLNTS TO 3E STAKED 13Y CITY, 14. AN ES I IHAI LD 11,300 CY OF MATERIAL IS 1 U BE EXCAVATED, TYPICAL EXCAVATION SECTION FOR ALL CHANNELS UNLESS NOTED EXISTING GRDUND 4' 2' r..e R,ra5 air „nPLYMOUTH, MINNESOTA GENERAL LAYOUTS, w6—M 2 WILD WINGS WETLAND CLEANING GENERAL NOTES, o NANe nm CITY or TYPICAL SECTION o, nsc ro7 11 PLYMOUTH CITY PROJECT NO. 7135 vico vracs `k „ n,`a x na Page 2 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION REQUESTING PAYMENT NUMBER 2 AND FINAL WILD WINGS FLOOD PROTECTION IMPROVEMENT PROJECT CITY PROJECT N0. 7135 WHEREAS, the City of Plymouth as owner and Minnesota Dirt Works, Inc. as contractor, have entered into an agreement for the Wild Wings Flood Protection Improvement Project, City Project No. 7135, and said agreement was approved by the City Council on December 14, 2010; and WHEREAS, staff has certified acceptance of the work and approval of the final request for payment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the original contract amount for construction of the Wild Wings Flood Protection Improvement Project with Minnesota Dirt Works, Inc. was 138,992.50. The construction work to date is $132,402.50 and is approved. The construction is less than the original contract amount by $6,590.00 or 4.7%. 2. The work performed by Minnesota Dirt Works, Inc. for the Wild Wings Flood Protection Improvement Project, No. 7135 and certified to the Council by staff as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 2 and Final in the amount of $8,009.98 to Minnesota Dirt Works, Inc. for the Wild Wings Flood Protection Improvement Project, City Project No. 7135, is hereby approved and the City's Administrative Services Director is hereby authorized and directed to pay the same forthwith from the Water Resources Fund. Approved this 28th day of June, 2011. Page 3 rp)City of Agenda 6 . 0 6PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K. Campbell, Senior Engineering Technician June 28, 2011 Reviewed by: Doran Cote, P.E., Director of Public Works Payment No. 1 and Final Item: 2011 Crack Repair Program City Project No. 11009 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 1 and Final for the above project. 2. BACKGROUND: Attached is Payment No. 1 and Final. All work on this project has been completed. The original contract amount for this project was $250,010 and the final value of work completed is $250,010. Request for Payment No. 1 and Final is in the amount of 250,010.00. 3. BUDGET IMPACT: The 2011 Street Maintenance budget includes $200,000 for Seal Coating (100-70- 710-7100.109) and $130,000 for Crack Sealing (100-70-710-7100-7500.134) for a total of $330,000, which is adequate to cover the costs of the crack sealing. There will be no seal coating in 2011 as the program is being evaluated. The remaining 80,000 in the budget will be used for slurry sealing cul-de-sacs to be done later this summer. 4. ATTACHMENTS: Map Request for Payment - No. 1 and Final Resolution Page 1 2011 Crack Repair Program C.P. 11009 gg 3N 2. 4 La• i gg.dso` 8 x $ SW-M14,11111111sdsg$ s ogs awe ac as =g$.vs ssu$ag s as r3 xvg43 spas = ike take c-i` i 'r Medicine Lake Moone MZZY 888gg $uS g- a t3u gggg6 'S 8gygg g S iiQa ESSv!'C ggyy 88 Ywatgg tltl 88-------9-88-88-88 8 8SS8888Sg8888888888888$88'i 8i{8888888'r 8 8g98 8 888 88as = ; = paa_ C a g 0' 5 _G§ N 6HAYS a $ y=g"<' s $f€ 8 A Streets repaired Page 2 REQI;EST FOR PAYMENT DATE: June 13. 2011 FOR PERIOD PLACE. PIN nouth. _tiIV FROyI: Apri1 27. 20 [ l TO: June 13. 2011 PROJECT: 2011_ Crack Repair Program PROJECT XO.: 11009 CONTRACTOR: Precision Sealcoatim Inc. ADDRESS: N6450 River Road Princeton, W154968 REQUEST FOR PAYNIENT NO.: I and Final SUi\(E IARY: 1. Original Contract Amount 2. Change Order - ADDITION $ 0.00 3. Change Order - DEDUCTION $ 0.00 4. Revised Contract Amount 5. Value Completed to Date 6. Amount Earned 7, Less Retainage . - 0 % 8. Sub -Total 9. Less Amount Paid Previously 10. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: l &Final 1 RECEIVED JUN 2 0 2011 250,010.00 250,010.00 250,010.00 250,010.00 0.00 250,010.00 0- 250,010.00 Approved By: Director of Public Works City of Plymouth By; Approved By: (CONTRACTOR) Precision Sealcoating, Inc. 2 - Contractor 1 --- Owner 2019! 1 1009'Payrnents`REQPAYNkfF l Fn1_I 1009.docx B 6 LL__ 0, 0YV_, 21 - - 5/ 7 0:1Engine ering'•.PROJE CTS' 2010 - Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2011 A RESOLUTION TO APPROVE PAYMENT NO. 1 AND FINAL 2011 CRACK REPAIR PROGRAM CITY PROJECT N0. 11009 WHEREAS, the City of Plymouth as owner and Precision Sealcoating, Inc., as contractor, have entered into an agreement for 2011 Crack Repair Program, City Project No. 11009, said agreement being approved on April 13, 2011; and WHEREAS, the City Engineer has certified his acceptance of the work and his approval ofthe final request for payment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That the original contract amount was $250,010.00. The total value of the work to date is $250,010.00 and is herewith approved. 2. That the work performed by the contractor for the 2011 Crack Repair Program and certified to the Council by the City Engineer as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 1 and Final in the amount of $250,010.00 to Precision Sealcoating, Inc. is hereby approved and the Director of Administrative Services is hereby authorized and directed to pay the same forthwith. Approved this 28th day of June, 2011. Page 4 rp)City of Agenda 6 . 0 7PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K Campbell, Senior Engineering Technician June 28, 2011 Reviewed by: Doran Cote, P.E., Director ofPublic Works Award Contract Lancaster Lane Mill and Overlay and Item: Watermain Replacement Project City Project No. 11010 1. ACTION REQUESTED: Adopt the attached resolution awarding a contract for the Lancaster Lane Mill and Overlay and Watermain Replacement Project, City Project No. 11010, to Hardrives, Inc. 2. BACKGROUND: The Lancaster Lane Mill and Overlay and Watermain Replacement Project, City Project No. 11010 includes Lancaster Lane from 36th Avenue to a point approximately 950 feet south of Rockford Road. This project would replace the existing 8 inch ductile iron pipe watermain by pipe bursting methods and would also replace all valves, hydrants, service and hydrant leads, remove and replace the top 2 inches of pavement, replace damaged concrete curb and gutter, install pedestrian ramps as needed and make repairs to utility structures. Bids were received and publicly opened on Thursday, June 9, 2011. Five bids were received with the low bid being $1,024,404.65 from Hardrives, Inc. of Rogers, MN. COMPANY TOTAL BID Hardrives, Inc. 1,024,404.65 Northwest Asphalt, Inc. 1,028,758.50 Midwest Asphalt Corp. 1,051,785.20 Northdale Construction 1,053,580.62 Geislinger and Sons, Inc. 1,106,022.50 Engineer's Estimate 1,029,929.00 The low bid of $1,024,404.65 is 0.5% less than the engineer's estimate of 1,029,929.00. Hardrives, Inc. has performed many projects for the City and is qualified to perform the work specified. Page 1 3. BUDGET IMPACT: The total project cost included in the 2011-2015 Capital Improvements Program (CIP) was $2,275,000. The CIP called for total reconstruction of Lancaster Lane and to replace the existing watermain. Based on the low bid, including engineering administration, legal and contingencies, the total estimated cost is $1,280,505. The estimated cost of the mill and overlay portion is $529,395. The estimated cost of the watermain replacement portion is $735,380 and the estimated cost for the sanitary sewer portion is $15,730. Funding for this project is being provided through the following: Street Reconstruction Fund $404,948 Water Fund $735,380 Sewer Fund $ 15,730 Special Assessments $124,447 4. ATTACHMENTS: Project Location Map Resolution Page 2 Figure 1 Lancaster Lane Mill and Overlay and Watermain Replacement Project City project No. 11010 Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION TO AWARD A CONTRACT LANCASTER LANE MILL AND OVERLAY AND WATERMAIN REPLACEMENT PROJECT CITY PROJECT N0. 11010 WHEREAS, pursuant to an advertisement for bids for the Lancaster Lane Mill and Overlay and Watermain Replacement Improvement (City Project No. 11010), which includes Lancaster Lane from 36th Avenue to a point approximately 950 feet south of Rockford Road by replacement of the existing watermain and bituminous resurfacing of the street, replacement of concrete curb and gutter, and all necessary appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: COMPANY TOTAL BID Hardrives, Inc. 1,024,404.65 Northwest Asphalt, Inc. 1,028,758.50 Midwest Asphalt Corp. 1,051,785.20 Northdale Construction 1,053,580.62 Geislinger and Sons, Inc. 1,106,022.50 WHEREAS, it appears that Hardrives, Inc. of Rogers, MN is the lowest responsible bidder, complying with the minimum specifications. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA The Mayor and City Manager are hereby authorized and directed to enter into the contract with Hardrives, Inc. of Rogers, MN in the name of the City of Plymouth for the Lancaster Lane Mill and Overlay and Watermain Replacement Improvement, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer by awarding a contract in the amount of $1,024,404.65. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Page 4 3. Funding for this project will be from: Street Reconstruction Fund $404,948 Water Fund $735,380 Sewer Fund $ 15,730 Special Assessments $124,447 Approved this 28th day of June, 2011. Page 5 rp)City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING June 28, 2011 Agenda 6.08Number: To: Laurie Ahrens, City Manager Prepared by: Marie Darling, Senior Planner Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, Community Development Director Approve Zoning ordinance text amendment to amendItem: the requirements for scoreboards in the P -I public/institutional) zoning district (2011034) 1. ACTION REQUESTED: Move to adopt the following for the application requested by Wayzata Independent School District #284, as recommended by the Planning Commission: a) An ordinance amending section 21650 of the zoning ordinance; and, b) A resolution approving findings of fact for an amendment to the zoning ordinance. Approval of the above items requires a 4/7 vote of the City Council. 2. BACKGROUND: On June 15, 2011, the Planning Commission conducted the public hearing on this request and subsequently voted unanimously to recommend approval of the above ordinance amendment. The applicant was present in support of the request. No one from the public requested to speak. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission's public hearing was published in the city's official newspaper. The Planning Commission reviewed four alternatives for this application, as summarized below: 1. Allow scoreboards up to 950 square feet and 50 feet in height as a permitted accessory use. 2. Allow scoreboards up to 550 square feet and 32 feet in height as a permitted accessory use and larger scoreboards up to 950 square feet and 50 feet in height as a conditional use. 3. Maintain the existing requirements for scoreboards up to 150 square feet and 16 feet in height as an accessory use and larger scoreboards up to 950 square feet and 50 feet in height as a conditional use. 4. Make no change to the existing regulations. After reviewing the options, the Planning Commission recommended a modification of alternative 2, as described below: Page 1 2010034 Page 2 1) Maintain the existing requirements for scoreboards not exceeding 16 feet in height or 150 square feet in area; 2) For public parks and public or private schools, add a new accessory use allowing scoreboards not exceeding 32 feet in height or 550 square feet in area, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and no commercial/non-commercial speech is permitted on the scoreboard; and 3) For public parks and public or private schools, add a new conditional use allowing scoreboards over 32 feet in height or 550 square feet in area not to exceed 50 feet in height or 950 square feet in area provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and no commercial/non-commercial speech is permitted on the scoreboard. The scoreboard may include a video display panel. The Commission's major comments follow: Current Regulations Commissioner Nelson commented that he believes that the current size limits are too small if both the school districts are requesting more area. Consequently, he and Commissioners Robinson, Petrash, Oakley, and Kobussin supported alternative 2. Chair Davis and Commissioner Anderson were initially concerned that the area proposed (550 square feet) was too large to approve without public notice, however the subsequent discussion and amendments to alternative 2 satisfied their concerns and they voted to recommend approval of amended alternative 2. Commercial/Non-Commercial Speech Commissioner Oakley commented that he was not in favor of limiting commercial or non- commercial speech on scoreboards as the scoreboards are only seen by event attendees. The language prohibiting commercial/non-commercial speech is already adopted into the zoning regulations and was not proposed to be amended. Staff noted concern with removing the prohibition as it was adopted to prevent successful challenge to the off-site sign regulations. Based on these staff concerns, the Planning Commission did not recommend removing the restriction on language. After the meeting, staff conferred with the City Attorney who opined that although the prohibition of commercial speech (advertising) is important to maintain, non-commercial speech could be removed from the regulations. This would enable the applicant to program the scoreboard with rouser messages (i.e. "Go, Team, Go," "Charge" and the like), scoreboard sponsor information, and other non-commercial messages. Consequently, staff struck the prohibition on non-commercial language from the attached draft ordinance. Page 2 2010034 Page 3 Adjacent Residential Chair Davis was concerned that the language prohibiting the information on the scoreboard from being visible to adjacent dwellings was too restrictive and could prohibit the addition of a video display panel on the scoreboard at Wayzata High School if the Elm Creek golf course were to develop. The rest of the commission concurred. Consequently, the commission's recommendation did not include language prohibiting visibility from adjacent dwellings. Video Display Panels: Chair Davis and Commissioner Oakley commented that the ordinance should be clearer that video display panels require a conditional use permit. Staff included language to this effect in the attached ordinance. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Ordinance Amending Section 21650 of the Zoning Ordinance Resolution Approving Findings of Fact for Amending the Zoning Ordinance Page 3 Draft Planning Commission Minutes June 15, 2011 Page 5 C. WAYZATA INDEPENDENT SCHOOL DISTRICT 9284 (2011034) Chair Davis introduced the request by Wayzata Independent School District 4284 for a zoning ordinance text amendment to amend the requirements for scoreboards in the P -I publichnstitutional) zoning district. Senior PIanner Darling gave an overview of the staff report. Commissioner Kobussen asked about the existing condition in the ordinance that there will be no commercial or noncommercial speech and what that means. Senior Planner Darling responded that means there would be no advertising on the scoreboard to reflect that it is a scoreboard and not a sign. Chair Davis asked why it doesn't just state no advertising. Senior Planner Darling replied that commercial and non-commercial speech are defined terms, not only in our ordinance, but also in case law. Commissioner Oakley asked if the city currently has a policy on commercial or non-commercial speech on scoreboards. Senior Planner Darling responded that the city currently does not allow commercial or non-commercial speech, with the exception that they do allow a sponsorship panel to be located on the scoreboard. She said that language is currently in the P -I zoning district. Commissioner Nelson asked if staff was aware of any other scoreboards in the city, other than the two high schools. Senior Planner Darling replied that staff is not aware of any. Commissioner Anderson asked why they are changing the location of the scoreboard from the west side of the field to the east side of the field. Senior Planner Darling responded that the Wayzata School District initially approached staff showing that, with the addition of the extra size on the scoreboard, they were proposing a location change. She said that the scoreboard is currently located on the north side of the field and that they propose to change it to the south side of the field to further protect the residential neighbors to the south and also to protect passersby on the public rights-of-way so that the information on the scoreboard wouldn't distract drivers or become a nuisance for the neighborhood to the south. Commissioner Anderson asked if the proposed location would be visible from future development, such as if Elm Creek Golf Course gets developed, or if development would be too far away to really cause a problem in the future. Senior Planner Darling stated that the scoreboard would face directly into the playfield. She said there is a possibility that if a portion of the Elm Creek Golf Course would develop residentially, there would be homes within the vicinity of it; however, there is a landscaped area between the stadium and the ballfield itself. She said that at the angle that it Would be located and with the distance, she didn't think that very much would be seen. Page 4 Draft Planning Commission Minutes June 15, 2011 Page 6 Commissioner Nelson stated the Armstrong scoreboard is at an angle and asked if anyone recalled if that scoreboard was located in a corner because of its direction towards the residential neighborhood. Planning Manager Thomson responded that there was a lot of sensitivity given to the neighborhood with respect to the location of the scoreboard. Chair Davis stated that the proposed location would have the golf course on the west side and homes on the south side and placement of the scoreboard would have its back to the homes so the current homeowners are taken care of. He said that they could move their current scoreboard to the new location anyway. Planning Manager Thomson replied that would be correct. Chair Davis asked if the approved Armstrong scoreboard had been similar to this request and if they had gotten a variance for it. Senior Planner Darling replied that the numbers are digital on their scoreboard but they do not have a full electronic panel nor do they have video display. She said they did receive a variance to allow them to have a 312 %2 square foot scoreboard that is 20 1h feet tall. Commissioner Kobussen asked if we would be developing an ordinance that we can't live with in the future with language against visibility from a home or from public rights-of-way. He said we would be giving a lot of variances. He asked what the scoreboard situation would be at Providence Academy. Senior Planner Darling responded that Providence Academy is in a different zoning district so these regulations wouldn't apply to them. She said they only apply to the schools that are in the P -I zoning district. She said that the scoreboards are extremely expensive and we could not put them into very many park facilities and certainly not more than one at a facility. Commissioner Kobussen asked -if the siting restriction would also apply to a small scoreboard. Planning Manager Thomson replied that it would not because the 150 square feet maximum is already regulated by code. She said this would be a separate requirement for larger scoreboards. Chair Davis stated that of the four alternatives listed in the staff report, alternative 41 is basically anybody in the P -I district could put a big scoreboard up to 950 square feet and all they have to do is come in to the department and get a building permit and there would be no public involvement. Senior Planner Darling responded that would be correct. She said staff would look at their location information again so that they wouldn't be directing the information on the scoreboard towards residences or public rights-of-way. Chair Davis stated that each alternative requires more and more public involvement. Senior Planner Darling replied that is correct. Chair Davis stated that alternative 44 would basically leave it the way it is. He asked if they could get a variance for a 950 square foot scoreboard under current ordinance text. Senior Planner Darling responded that under current regulations, they can request a variance for a scoreboard of that size; however, that's an enormous variance. She said that staff direction to the school board was that a variance of that nature would be difficult for staff to support. Planning Manager Thomson added that when you are looking at a variance situation, you are looking at Page 5 Draft Planning Commission Minutes June 15, 2011 Page 7 demonstrating hardship/practical difficulties. She said one of the major issues here is that size is a major factor and there is also video display, which is something that is not allowed at all at the present time. She said it is really a vast departure from current regulations. Chair Davis asked if the current ordinance prohibits video displays or it doesn't allow video displays. Senior Planner Darling replied that the current ordinance is silent on video displays. Planning Manager Thomson added that when the ordinance is silent, it is not allowed. Chair Davis asked that since they are silent on video displays, does that mean then that they are not allowed. Senior Planner Darling responded that as written, the ordinances don't specifically mention electronic panels or video displays and that would have to be added in language that they would be permitted. Commissioner Nelson asked that if alternative #2 were to be approved, whether they could go ahead and make their scoreboard up to 550 square feet without any approvals. Senior Planner Darling stated that they would have the siting requirements. Planning Manager Thomson added that if they met those requirements, they could go ahead and put it in with a building permit, without a public process, up to 550 square feet. Commissioner Anderson asked if there was the opportunity to put protective restrictions on the application later on because it's in a conditional use permit. Senior Planner Darling replied that all the typical conditions on a conditional use permit could be applied to the approvals specific to an application to make sure to lessen the impact. Chair Davis introduced the applicant, Dan Carlson, representing the Wayzata Independent School District #284. Mr. Carlson stated that their current scoreboard is 17 years old. He said that it uses incandescent lightbulbs, which can no longer be ordered. He said that they currently are taking lights out of the baseball scoreboard for use in the football scoreboard during the football season and then at the end of the football season, they are taking them out for use in the baseball scoreboard. He said' that Wayzata Schools has proposed that they do a five-year scoreboard upgrade district -wide. He said that past of this is that the Wayzata's Athletic Booster Association has approached them and would like to fund that. He said it would be a gift and not a Wayzata School District purchase. He said that they have a very motivated group of people and that they would like to see this completed this year. He said that if they currently just replace it with a football scoreboard, it would be very disheartening to kids in track to not see their times up there and so, if attending an event there other than football, it is extremely lacking. He said that this is where athletics are going. IIe said that there are three other communities in the west metro area who will probably have these scoreboards (or larger) if not this year, then next year. He said that the company that they are looking to for the purchase has three proposals out already and one of which is going to be ordered. He said that it is something that they want to be prepared for. Commissioner Kobussen asked if they plan on going to the full, big scoreboard now if they have the money or if it is a matter of what gets approved through the Planning Commission and City Council. Mr. Carlson responded that the funding is apparently set aside and they would like to see the whole project completed yet this fall. He said that they are on track to be able to do that, Page 6 Draft Planning Commission Minutes June 15, 2011 Page S if the permission is granted. He said that the scoreboard section is something that is going to have to happen very soon as he didn't know if they would get through this football season with what they have. He said it begs the question that they just replace it with a scoreboard like what they've got in the existing location or make the move and upgrade to get the scoreboard they really want. Chair Davis asked if the proposed scoreboard in alternative 42 was bigger than their current scoreboard. Mr. Carlson replied that the current one is 8 feet tall by 25 feet wide and the one proposed would be 22 feet wide and with a taller board. He said that the square footage would not be just the scoreboard, it's the peripheral information as well. He said the restrictions on the size of the scoreboard were arrived at by what was needed in order for those people that are in the far bleachers to be able to see some of the information. Commissioner Anderson asked where high school sports are moving in terms of video display. Mr. Carlson responded that starting lineups could be seen on the video displays. He said that it also given them the ability to use that as a curriculum. He said they have students who have gone into this type of field for video production and with all the scoreboards out there, it is becoming a trade. He said that video display also gives students some face time up on the scoreboard. He said they could also highlight some of the other athletic events that people don't get to where a video is available. He said that there would not be much instant replay as that is pretty tough to do, especially in a high school setting when it's going to be kids doing that. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Commissioner Nelson stated that the language that's in place now is not sufficient at 150 square feet. He said that a variance had been granted to one high school and it's very apparent that it's not sufficient for the other high school. He said that it didn't make any sense to keep that language in there. IIe said that he is leaning towards alternative #2. He said that changing the language from 150 square feet to 550 square feet is pretty sufficient and it would also allow them to be able to get a conditional use permit to add the video display. He said that getting to the 950 square feet requires a public process and that is important. He said that he does not have an issue with the school district wanting to put in this type of scoreboard. Commissioner Oakley stated he agreed with Commissioner Nelson's comments. He said that alternative #2 would retain public comment to give people an opportunity to come in and participate in the decision making process. He said that video display would potentially draw a lot of comment. He said that additional information is needed in alternative #2 regarding video display. He said that if silence indicates that video display is not acceptable, that is not an adequate alternative. Planning Manager Thomson responded that language could be added to alternative #2 that includes video display so that it's very clear that would be part of what would be allowed. Commissioner Oakley stated that the language "provided that the information on the scoreboard is not visible from any adjacent public rights-of-way or adjacent dwellings" is good solid criteria Page 7 Draft Planning Commission Minutes lune 15, 2011 Page 9 to add. He said that the existing ordinance goes on to state "no commercial or non-commercial speech shall be permitted... ". He said that if the scoreboard is defined as being something that is only visible within the activity itself, then the right to dictate what should be on that scoreboard should be with the school board or the organization that is having the event. Planning Manager Thomson replied that it is important to have that language whether it can be seen or not. She said that it is off-site advertising and if allowed here, it would have to be allowed elsewhere. She said that's a major concern. Commissioner Oakley said that he didn't believe that the school district was interested in having advertising but that other local high schools do encourage advertising and it's a good source of funding for them. Planning Manager Thomson responded that staff has had discussion with the city attorney on this matter and that if allowed, it would open the city to have to allow it in other settings. She said that's the reasoning for it being in our current ordinance. Mr. Carlson confirmed for Commissioner Petrash that the first alternative is the one that they would lime to have. Commissioner Petrash asked what the benefits or what the differences/trade offs were that made them prefer alternative #1 versus alternative #2. Mr. Carlson replied that the school district needs to move ahead with a scoreboard one way or another. He said the difference is whether there is a video display board or not. Planning Manager Thomson added that with alternative #1, there is no public process (just a building permit). She said alternative #2 would require the public process for a conditional use permit. Commissioner Petrash stated that he would also support alterative #2. Chair Davis stated that he felt alternative #3 is the best one because he loves these ideas for scoreboards but that they can be controversial when getting this big. He said alternative #3 provides the most opportunity for the citizens of the community to weigh in. He said that alternative #2 allows them to go up to 550 square feet with just a building permit and then after it goes up, all the neighbors would be calling the city wanting to know what happened. He said that it's great to put that scoreboard over there but he wants the most involvement from the neighborhood to get it done. Planning Manager Thomson responded to Commissioner Nelson that there are instances where smaller scoreboards are still going to be 150 square feet. Chair Davis added that there are a lot of ballfields in the city that have small scoreboards, so 150 square feet has proven over time to be workable. He said that he is not comfortable with giving the organizations cart blanche to triple the size without some public involvement. Chair Davis stated that he was concerned that in all the alternatives it states that information on the scoreboard would not be visible from any adjacent dwellings. He said that's pretty restrictive and asked for the meaning of "adjacent". Senior Planner Darling read the definition, "in close proximity to or neighboring, not necessarily abutting". Page 8 Draft Planning Commission Minutes June 1.5, 201.1. Page 10 Commissioner Nelson stated that a motion recommending alternative #2 to City Council could be made without agreement by all the Commissioners. Planning Manager Thomson responded that is correct. Planning Manager Thomson confirmed for Chair Davis that the phrase regarding visibility from adjacent dwellings would be an addition to the current ordinance. Chair Davis stated that he didn't mind it not being visible from public rights-of-way because we don't want to see it from the street, especially if it is a video display but an adjacent dwelling seems to be too restrictive. Planning Manager Thomson replied that change could also be included in what is recommended to the City Council. Chair Davis asked for a show -of hands in support of alternative 42 (Commissioners Oakley, Petrash, Kobussen, Robinson and Nelson). Chair Davis and Commissioner Anderson indicated support for alternative 43. Commissioner Kobussen stated that alternative 42 could be written in a way that if it's a small sign, then drop that it can't be visible from the street or from an adjacent home and if it goes over a certain size, then put that certain restriction in that it can't be visible from the street and the adjacent homes. He said it would have to be a fairly big sign before it becomes an issue. Senior Planner Darling stated that electronic display panels or video display panels could also be tied in to the condition and state that it can't be visible to adjacent properties. Planning Manager Thomson added that another option would be to add the existing language to alternative 42 and then have an additional section, which addresses the larger scoreboards. Commissioner Petrash stated that as a Planning Commission, we should choose one alternative. He said there will be majority and minority votes but that we should try to give the City Council as much direction as we can and not give them our job, which is making a recommendation. He said that there are a lot of options and that he would support adding amendments to the second alternative. Chair Davis stated that was a good idea and he would support amending alternative 42, although he would vote against it. Chair Davis stated that the current ordinance does not have the visibility Ianguage and that there hasn't been any problems. Planning Manager Thomson responded that there has not been the video display and the major digital aspects with scoreboards in the past. Chair Davis stated that his concern was that if written in there, we would be saying that no scoreboards can be seen from the rights-of-way. Planning Manager Thomson replied that adding language for smaller scoreboards, exactly the way it is in the code today, would address that. Chair Davis stated that he would be more comfortable with that because he wouldn't want to put something in where we inadvertently put a kibosh on smaller ones that are already in place. MOTION by Commissioner Petrash, seconded by Commissioner Nelson, to approve the request by Wayzata Independent School District 4284 to amend the requirements for scoreboards in the PI district to: 1) maintain the existing requirements for scoreboards not exceeding 16 feet in Page 9 Draft Planning Commission Minutes Tune 15, 2011 Page 11 height or 150 square feet in area and 2) add (a) a new accessory use allowing scoreboards for public parks and public or private schools not exceeding 32 feet in height or 550 square feet in area, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way and no commercial/non-commercial speech is permitted on the scoreboard and (b) a new conditional use allowing scoreboards for public parks and public or private schools over 32 feet in height or 550 square feet in area not to exceed 50 feet in height or 950 square feet in area, which scoreboard may include a video display panel, provided that the information an the scoreboard is not visible from any adjacent public rights-of-way and no commercial/non- commercial speech is permitted an the scoreboard. Commissioner Oakley added a friendly amendment to remove the language regarding commercial and non-commercial speech. He said there are restrictions listed in other areas that would govern all the concerns. Amendment failed for lack of a second. Roll Call Vote. 7 Ayes. MOTION approved. Page 10 Agenda Number File 2011034 4 scf, PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Marie Darling, Sr. Planner (509-5457) and Barbara Thomson, Planning Manager (509-5452) MEETING DATE: June 15, 2011 APPLICANT: Wayzata Independent School District -4284 PROPOSAL: Zoning Ordinance Text Amendment to amend the requirements for scoreboards in the P -I (public/institutional) zoning district, REVIEW DEADLINE: September 23, 2011 DESCRIPTION: Wayzata School District is requesting approval of a zoning ordinance text amendment to: 1) increase the allowable size of athletic scoreboards and 2) allow scoreboards to contain video display and electronic changeable copy panels. The amendment would allow the district to install an electronic scoreboard with video display at Wayzata High School. The scoreboard is proposed to be 913 square feet in area and 46.5 feet in height. Notice ofthe public hearing was published in the City's official newspaper. Page 11 File 2011034 Page 2 CONTEXT: Level of City Discretion in Decision -Making: The city has a high level of discretion in approving amendments to the zoning ordinance. Such amendments must be consistent with the city's comprehensive plan and compatible with other provisions of the zoning ordinance. BACKGROUND: Section 21650.05 of the zoning ordinance allows one scoreboard per playing field (not practice fields) as an accessory use in the public/institutional (PI) district, provided that: 1) the scoreboard does not exceed 16 feet in height or 150 square feet in area; and 2) no commercial or non- commercial speech is included on the scoreboard, except that any organization sponsoring the scoreboard may be identified within the allowed area. The zoning ordinance allows accessory uses by right without any public notification or process prior to construction/installation. fn 2006, the City Council approved a variance to allow the Robbinsdale School District to install a 312.5 -square foot scoreboard that is 20.5 feet in height at Armstrong High School. Ciurently, the Wayzata School District is seeking to replace the scoreboard at the multi-purpose athletic stadium (football, soccer, lacrosse, and track) at Wayzata High School. The district has stated that a new scoreboard is needed because: 1) the existing scoreboard is principally designed for football and does not allow display of scoring information for other sports and 2) it is not in good working condition. A text amendment would allow the district to install a new scoreboard that addresses these shortcomings, while at the same time allowing a larger scoreboard, ideally with video display. The district has developed both a short-term and long-term option to address these shortcomings. The long-term option is a digital scoreboard with; 1) an electronic panel that can display scores for multiple sports and 2) a video display panel, as shown on the attached graphic. The scoreboard would be 25 feet wide by 36.5 feet high. It would be installed ten feet above grade for a total height of 46.5 feet. The short-term option, and what the district considers a solution to an immediate need, is a scoreboard with the multi -sport electronic display panel, as shown on the attached graphic. The scoreboard in this option is 25 feet wide by 22 feet high. It would be installed ten feet above grade for a total height of 32 feet. The district would, at a later date, still desire to add the video display panel, which would bring the scoreboard in concert with the long-term option. The school district has indicated that under either option, they would not allow advertising. Page 12 File 2011034 Page 3 ANALYSIS: Based on the school district's request, staff has identified four possible alternatives for the Planning Commission and City Council to consider. None of the four alternatives would allow advertising. Each of the first three alternatives would include language requiring that electronic and visual displays not be visible from adjacent public rights-of-way or dwellings. 1. Amend the existing accessory use language for scoreboards in the PI district to allow scoreboards up to 950 square feet in surface area and 50 feet in height (similar to the school district's long-term option). This alternative would -allow the school district to pursue their long-term scoreboard option with the approval ofbuildingpermit. 2. Amend the existing accessory use language for scoreboards in the PI district to a) allow scoreboards up to 550 square feet and 32 feet in height (the school district's short-term option) and b) add scoreboards up to 950 square feet in surface area and 50 feet in height as a conditional use. This alternative would allow the school district to pursue their short-term scoreboard option with the approval of'a building permit, but it would require public notice, a public hearing and City Council approval of a conditional use permit to expand the scoreboard to include visual display. 3. Maintain the existing accessory use language in the PI district for scoreboards up to 150 square feet in area and add scoreboards up to 950 square feet in surface area and 50 feet in height as a conditional use. This alternative would require City Council approval of a conditional use permit for either the school district's short or long-term option. 4. Make no changes to the existing accessory use language for scoreboards. This alternative would indicate that the existing standards are adequate. FINDINGS: In reviewing the requested amendment, staff considered: 1) the consistency of the proposed use with the Comprehensive Plan; and 2) the compatibility of the proposed use with the Zoning Ordinance. Comprehensive Plan: The purpose of the P -I (Public/Semi-PubliclInstitutional) guiding classification is to allow a variety of uses including public parks and open space, private recreational facilities and public buildings (including schools) with appropriate criteria for Page 13 File 2011034 Page 4 permitted and conditional uses. Scoreboards, as accessory or conditional uses to these facilities, would be consistent with the comprehensive plan, Zoning Ordinance: The zoning ordinance currently lists scoreboards as permitted accessory uses in public parks and public or private schools. However, the appropriate size and height of scoreboards as well as the need for public notice and city review are policy decisions. Staff finds the following: Prior to the emergence of current digital technology, the City Council issued a variance for a larger and taller scoreboard, indicating that the city's size, height and technology requirements for scoreboards may be outdated. Regulations for scoreboards have limited application as the cost for large, electronic scoreboards is substantial, likely limiting their installation to high school facilities. The high schools in Plymouth with major athletic stadiums are located adjacent to residential neighborhoods. The city typically requires public notice and process with non-residential uses adjacent to residential uses. RECOMMENDATION: Given the policy nature of this request, staff recommends that the Planning Commission consider whether any of three attached zoning ordinance text amendments are appropriate and provide a recommendation to the City Council. Should the Planning Commission recommend no change to the -existing ordinance text, the commission also needs to provide findings so staff can prepare a resolution for denial of the request. ATTACHMENTS: Alternative 1: Draft Ordinance Approving Zoning Ordinance Text Amendment Alternative 2: Draft Ordinance Approving Zoning Ordinance Text Amendment Alternative 3: Draft Ordinance Approving Zoning Ordinance Text Amendment Draft Resolution Approving Findings of Fact for Zoning Ordinance Text Amendment Applicant's Narrative and Graphics PAComm1)ev15TAFFRFP%P02)0I 1V01 1034 Pcscoreboards zeta 2dncx Page 14 Alternative 1 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2011 - AN 0'11- AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2011034) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment, Section 21 650.05 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the PI District: Subd. 1. Accessory buildings and structures for a use accessory to the principal use but such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Farmer's markets, publically sponsored. Subd. 4. Fences, as regulated by Section 21130 of this Chapter. Subd. 5. Liquor, on -sale, when accessory and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section, pursuant to the required liquor license. (Amended by Ord, No. 98-41, 12/16/98) Subd. 6. Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking and loading of semi -trailer trucks. Subd. 7. Parking ramps as an accessory use. Subd. 8. Scoreboards for public parks and public or private schools, provided that: a) One scoreboard not exceeding fift sw r(504-6) Meet in height or nine hundred fifty -Prig d f4k (95 0 40) square feet in surface area is allowed per playing field, not including fields used only for practice provided that the information on the 1) Page 15 Alternative 1 scoreboard is not visible from any adjacent public rights-of-way or adjacent dwellings; and b) No commercial or non-commercial speech shall be permitted on the scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard. Subd. 9. Signs, as regulated by Section 21155 of this Chapter. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED this * * day of * * * *, 2011. ATTEST: Sandra R. Engdahl, City Clerk 2) Kelli Slavilz, mayor Page 16 Alternative 2 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2011 - AN 011- AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2011034) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 21650.05 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are pennitted accessory uses in the PI District: Subd. 1. Accessory buildings and structures for a use accessory to the principal use but such structure shall not exceed thirty (30) percent ofthe gross floor space of the principal use. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Farmer's markets, publically sponsored. Subd. 4. Fences, as regulated by Section 21130 of this Chapter. Subd. 5. Liquor, on -sale, when accessory and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section, pursuant to the required liquor license. (Amended by Ord No. 98-41, 12/16/98) Subd. 6. Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking and loading ofsemi -trailer trucks. Subd. 7. Parking ramps as an accessory use. Subd. 8. Scoreboards for public parks and public or private schools, provided that: a) One scoreboard not exceeding third -two six4eenr(324§) she -feet in height or five one—hundred fifty (54-50) square feet in surface area is allowed per playing field, not including fields used only for practice provided that the information on the scoreboard is not visible from any adjacent public rights -of way or adjacent dwellings; and 1) Page 17 Alternative 2 b) No commercial or non-commercial speech shall be permitted on the scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard. Subd. 9. Signs, as regulated by Section 21155 of this Chapter. SECTION 2. Amendment, Section 21650.07 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the P -I District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Buildings in excess of height limitations as specified in Section 21650.13 of this Chapter, provided that: a) For each additional five (5) feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one (1) foot. b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 3. Cemeteries or memorial gardens provided that: a) The site is landscaped in accordance with Section 21130. b) The use is available to the "public". c) All portions of the use meet the minimum setback requirements for principal structures. Subd. 4. Colleges, seminaries, and other similar institutions of higher education. Subd. 5. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter, Subd. 6. Community centers. 2) Page 18 Alternative 2 Subd. 7. Correctional facilities provided that: a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses. b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. d) No correctional facility shall be closer than one thousand three hundred twenty 1,320) feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. f) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. S. Dog park facilities, provided that: a) Any such facility established after January 23, 2007 shall be set back at least seventy-five (75) feet from residentially zoned or guided property. b) Any such facility established after January 23, 2007 shall be completely enclosed with a fence and gates that are at least five (5) feet high, except that the fencing requirement may be waived in areas where natural barriers (e.g., wetlands) provide enclosure for the facility. c) Adequate off-street parking shall be provided for the facility, as determined by the Zoning Administrator based on the size of and anticipated parking needs for the dog park. Amended by Ord. No. 2007-05, 01/23/07) Subd. 9. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage. 3) Page 19 Alternative 2 Subd. 11. Funeral homes and mortuaries. Subd. 12. Helistops, as regulated by Section 21193 of this Chapter. Subd. 13. Hospitals or similar institutions, provided that all state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. Subd. 14. Offices, administrative/commercial. Subd. 15. Offices/clinics for medical, dental, or chiropractic services. Subd. 16. Parking lots/ramps, as a principal use. Subd. 17. Public safety communication towers and antennas, provided that: a) Public safety communication towers in excess of one hundred fifty (150) feet in height shall be located on property not less than ten (10) acres in size. b) Public safety communication towers shall comply with the standards and requirements of Section 21175. Subd. 18. Recreational facilities and related structures (e.g., golf courses, arenas, stadiums, gymnasiums, and similar uses). Subd. 19. Residential shelters, in accordance with Section 21190.02 of this Chapter. Subd. 20. Retail commercial activities and personal services, provided that: a) Merchandise is sold at retail. b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within the C-1 Zoning District. c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. d) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area ofthe building. e) The retail activity and personal services are not located within a structure whose principal use is residential. f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. 4) Page 20 Alternative 2 g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd 21.. Scoreboards for public parks and public or private schools over thirty-two 32) feet in height or five hundred -fifty (550) square feet in area not to exceed fifty (50)feet in height or nine hundred fifty (950) feet in area, provided that the information on the scoreboard is not visible from any adjacent public rights -ofw4y or adjacent dwellings. Subd. 2247. Wind energy conversion systems (WECS), as regulated by Section 21173 of this Chapter. SECTION 3. Effective Date. passage. This Ordinance shall be in full force and effect upon its ADOPTED this * * day of * * * *, 2011. ATTEST: Sandra R. Engdahl, City Clerk 5) Kelli Slavik, Mayor Page 21 Alternative 3 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 2011 - AN 011- AN ORDINANCE AMENDING CHAPTER 21 OF THE PLYMOUTH CITY CODE, ENTITLED THE PLYMOUTH ZONING ORDINANCE (2011034) THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Amendment. Section 21650.05 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the PI District: Subd. 1. Accessory buildings and structures for a use accessory to the principal use but such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Farmer's markets, publically sponsored. Subd. 4. Fences, as regulated by Section 21130 of this Chapter. Subd, 5. Liquor, on -sale, when accessory and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section, pursuant to the required liquor license. (Amended by Ord. No, 98-41, 12/16/98) Subd. 6. Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking and loading of semi -trailer trucks. Subd. 7. Parking ramps as an accessory use. Subd. S. Scoreboards for public parks and public or private schools, provided that: a) One scoreboard not exceeding sixteen (16) square feet in height or one hundred fifty (150) square feet in surface area is allowed per playing field, not including fields used only for practice; and 1) Page 22 Alternative 3 b) No commercial or non-commercial speech shall be permitted on the scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard. Subd. 9. Signs, as regulated by Section 21155 of this Chapter. SECTION 2. Amendment. Section 21650.07 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the P -I District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Buildings in excess of height limitations as specified in Section 21650.13 of this Chapter, provided that: a) For each additional five (5) feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one (1) foot, b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 3. Cemeteries or memorial gardens provided that: a) The site is landscaped in accordance with Section 21130. b) The use is available to the "public". c) All portions of the use meet the minimum setback requirements for principal sti uctures. Subd. 4. Colleges, seminaries, and other similar institutions of higher education. Subd. 5. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 6. Community centers. 2) Page 23 Alternative 3 Subd. 7. Correctional facilities provided that: a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses, b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. d) No correctional facility shall be closer than one thousand three hundred twenty 1,320) feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. f) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Dog park facilities, provided that: a) Any such facility established after January 23, 2007 shall be set back at least seventy-five (75) feet from residentially zoned or guided property. b) Any such facility established after January 23, 2007 shall be completely enclosed with a fence and gates that are at least five (5) feet high, except that the fencing requirement may be waived in areas where natural barriers (e.g., wetlands) provide enclosure for the facility. c) Adequate off-street parking shall be provided for the facility, as determined by the Zoning Administrator based on the size of and anticipated parking needs for the dog park. Amended by Ord. No. 2007-05, 01/23/07) Subd. 9. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage. 3) Page 24 Alternative 3 Subd. 11. Funeral homes and mortuaries, Subd. 12. Helistops, as regulated by Section 21193 of this Chapter, Subd. 13. Hospitals or similar institutions, provided that all state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. Subd. 14. Offices, administrative/commercial. Subd. 15. Offices/clinics for medical, dental, or chiropractic services. Subd. 16. Parking lots/ramps, as a principal use. Subd. 17. Public safety communication towers and antennas, provided that: a) Public safety communication towers in excess of one hundred fifty (150) feet in height shall be located on property not less than ten (10) acres in size. b) Public safety communication towers shall comply with the standards and requirements of Section 21175, Subd. 18. Recreational facilities and related structures (e.g., golf courses, arenas, stadiums, gymnasiums, and similar uses). Subd. 19. Residential shelters, in accordance with Section 21190.02 of this Chapter. Subd. 24. Retail commercial activities and personal services, provided that: a) Merchandise is sold at retail. b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within the C-1 Zoning District. c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. d) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area of the building. e) The retail activity and personal services are not located within a structure whose principal use is residential. f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the narne of the business shall be visible from the outside of the building. 4) Page 25 Alternative 3 g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd 21. Scoreboards for public parks and public or private schools over sixteen 16) feet in height or one hundred fifty (150) square feet in area not to exceed fifty (50) feet in height or nine hundred fifty (950) feet in area, provided that the information on the scoreboard is not visible from any adjacent public rights-of-way or adjacent dwellings. Subd. 221. Wind energy conversion systems (WECS), as regulated by Section 21173 of this Chapter. SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED this * * day of * * * *, 2011. ATTEST: Sandra R. Engdahl, City Clerk 5) Kelli Slavik, Mayor Page 26 9011030 OPTION 1— Graphic display scoreboard with video display: Wayzata Public Schools is requesting a zoning text amendment for the purpose of installing a multi -sport message board with video display to be located at the Wayzata High School athletic complex. Display option 2 graphically depicts the following segments of the proposed installation: Area 1— One decorative backlit arched panel: 5'6" high and 25' wide: "WAYZATA HIGH SCHOOL." Area 2 — One decorative non -backlit round logo panel: 4' in diameter with the Trojan logo Area 3 — One decorative backlit panel: 2'6" high and 25' wide: "HOME OF THE TROJANS" Area 4—One high definition video display panel 14'9" high by 19'6" wide Area 5 —Two filler panels: 14'9" high by 2'9" wide: "TROJAN", "PRIDE" Area 6 — One message display board to function as a multi -sport scoreboard: 10' high by 21'6" wide Area 7 —Two blank filler panels: 10" high by 1'9" wide to create symmetry The entire scoreboard and display unit would be moved from its current location on the west side of the field to the east side, making the animated message boards not visible from any roadways or neighborhoods. The current buffer between the property and property to the west consists of a mature 40-50' tall tree line and a distance of over 1,300 feet. The old scoreboard and structure would be completely removed and restored. The current scoreboard is a true 'football' scoreboard but is used by every sport using the stadium. There is currently no way to display statistical information for other sports such as shots on goal for soccer or lane assignments and times for track. Current technology utilizes a color message board with software to create a customized scoring and timing system for each sport. The new video display board would interface with the existing public address system to enhance the atmosphere for both the spectator and athlete. Video starting lineups, instant replays and recent accomplishments are a few of many uses. This will also provide additional curriculum to enhance video production classes at Wayzata High School. OPTION 2 — Graphic display scoreboard: Option 2 would eliminate the video display board and move the upper signage to the top of the graphic display scoreboard section. This would reduce the requested height of the sign to 22 feet or a height above ground of approx. 32 feet. The scoreboard replacement is necessary to replace an outdated board and to provide multi -sport usage for the variety of events hosted at the stadium. ®E C E IN JUN -6 2011 1DWayzata Nigh School - Wayzata, MN Football Display Option 2 Daromtive ID Arch One (lj Cusiom Bocklil ID Arch5'6" h x 26'w One j I Cusiom Cut Non6t Trojan logod'h x -4'-4'v/' M pemck Two lei Bc&hl ID Panels2'6"h x 26V (home of Ihotrcians) Wdeo Di"I li, Ona (1M dVXVideo Displcywith filler Panel 20A4 T 14'9"h x 1 916"v, 1,4'9'h x. 2'9'w Filler panels each side Fii:lassut? Diip'.t} ]cocFLot[1 Ona (l`4 Message Displaydbmm 10'h x21'6"w Area 5 Area 5 Area 1 DAKTRONICS 11, SPORTS MARKETING I 3N OPTION I. 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Section 21650.05 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the PI District: Subd. 1. Accessory buildings and structures for a use accessory to the principal use but such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. Subd. 2. Accessory uses incidental and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section. Subd. 3. Farmer's markets, publically sponsored. Subd. 4. Fences, as regulated by Section 21130 ofthis Chapter. Subd. 5. Liquor, on -sale, when accessory and customary to the uses listed as permitted, conditional, interim, and uses by administrative permit in this Section, pursuant to the required liquor license. (Amended by Ord. No. 98-41, 12/16/98) Subd. 6. Off-street parking and off-street loading as regulated by Sections 21105.11 and 21135 of this Chapter, including parking and loading of semi -trailer trucks. Subd. 7. Parking ramps as an accessory use. Subd. 8. Scoreboards for public parks and public or private schools, provided that: a) One scoreboard not exceeding sixteen (16) e -feet in height or one hundred fifty (150) square feet in surface area is allowed per playing field, not including fields used only for practice, 1) Page 3 3 O(b) One scoreboard not exceeding thirty-two32) feet in height or five hundredfifty 550) square feet in area is allowed per park or school, provided that the information on the scoreboards is not visible from any adjacent public rights-of-way and provided that the scoreboards does not contain a video display_panel. VoLcc,L_No commercial of non ,.,..v me -eial speech shall be permitted on tea scoreboard, except that an organization sponsoring the scoreboard may include identifying information within the area allowed for the scoreboard. Subd. 9. Signs, as regulated by Section 21155 of this Chapter. SECTION 2. Amendment. Section 21650.07 of the Plymouth Zoning Ordinance is hereby amended as follows: 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the P -I District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 of this Chapter. Subd. 1. Antennas not located upon an existing structure or existing tower, as regulated by Section 21175 ofthis Chapter. Subd. 2. Buildings in excess of height limitations as specified in Section 21650.13 ofthis Chapter, provided that: a) For each additional five (5) feet in height above the maximum building height specified in this district, the front and side yard setback requirements shall be increased by one (1) foot. b) The construction does not limit solar access to abutting and/or neighboring properties. Subd. 3. Cemeteries or memorial gardens provided that: a) The site is landscaped in accordance with Section 21130. b) The use is available to the "public". c) All portions of the use meet the minimum setback requirements for principal structures. Subd. 4. Colleges, seminaries, and other similar institutions ofhigher education. 2) Page 34 Subd. 5. Commercial and public radio and television transmitting antennas, and public utility microwave antennas, as regulated by Section 21175 of this Chapter. Subd. 6. Community centers. Subd. 7. Correctional facilities provided that: a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses. b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood. Exterior building materials shall also be harmonious with other buildings in the neighborhood. d) No correctional facility shall be closer than one thousand three hundred twenty 1,320) feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. f) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Dog park facilities, provided that: a) Any such facility established after January 23, 2007 shall be set back at least seventy-five (75) feet from residentially zoned or guided property. b) Any such facility established after January 23, 2007 shall be completely enclosed with a fence and gates that are at least five (5) feet high, except that the fencing requirement may be waived in areas where natural barriers (e.g., wetlands) provide enclosure for the facility. c) Adequate off-street parking shall be provided for the facility, as determined by the Zoning Administrator based on the size of and anticipated parking needs for the dog park. Amended by Ord. No. 2007-05, 01/23/07) Subd. 9. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. 3) Page 3 5 Subd. 10. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that equipment is completely enclosed in a permanent structure with no outside storage. Subd. 11. Funeral homes and mortuaries. Subd. 12. Helistops, as regulated by Section 21193 of this Chapter. Subd. 13. Hospitals or similar institutions, provided that all state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. Subd. 14. Offices, administrative/commercial. Subd. 15. Offices/clinics for medical, dental, or chiropractic services. Subd. 16. Parking lots/ramps, as a principal use. Subd. 17. Public safety communication towers and antennas, provided that: a) Public safety communication towers in excess of one hundred fifty (150) feet in height shall be located on property not less than ten (10) acres in size. b) Public safety communication towers shall comply with the standards and requirements of Section 21175. Subd. 18. Recreational facilities and related structures (e.g., golf courses, arenas, stadiums, gymnasiums, and similar uses). Subd. 19. Residential shelters, in accordance with Section 21190.02 of this Chapter. Subd. 20. Retail commercial activities and personal services, provided that: a) Merchandise is sold at retail. b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within the C-1 Zoning District. c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. d) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area ofthe building. e) The retail activity and personal services are not located within a structure whose principal use is residential. 4) Page 36 f) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. g) No signs or posters of any type advertising products for sale or services shall be visible from the outside of the building. Subd 21. One scoreboard for a public park or a public or private school that exceeds thirty-two (32) feet in height or five hundred fifty (550) square feet or one scoreboard that contains a video displaypanel, provided that: a) The scoreboard does not exceed fft (50) feet in height or nine hundred fifty 950) square feet in area. No other scoreboard at the nark or school shall exceed one hundred (150 feet. c) No commercial speech shall be permitted on the scoreboard, except that an organization sponsoring the scoreboard may include identi ing information within the area allowed for the scoreboard. d) The information on the scoreboard is not visible from adjacent public ri htgsof- way. Subd. 224-. Wind energy conversion systems (WECS), as regulated by Section 21173 of this Chapter. SECTION 3. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED this 28th day of June, 2011. ATTEST: Sandra R. Engdahl, City Clerk 5) Kelli Slavik, Mayor Page 37 CITY OF PLYMOUTH RESOLUTION 2011 - APPROVING 011- APPROVING FINDINGS OF FACT FOR A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 21650 TO AMEND REQUIREMENTS FOR SCOREBOARDS IN THE PI (PUBLIC INSTITUTIONAL) DISTRICT (201 1034) WHEREAS, Wayzata Independent School District #284 has requested an amendment to regulations for scoreboards in the PI zoning district; and WHEREAS, the Planning Commission has reviewed the proposed text amendment 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 zoning ordinance text amendment, based upon the finding that the proposed amendment would be consistent with the city's comprehensive plan and with the city's ordinances and policies. ADOPTED by the City Council on June 28, 2011. 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 June 28, 2011 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 Page 38 City of Agenda 6 . 0 9PlymouthNumber: Adding Qkelity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk June 28, 2011 Reviewed by: Cal Portner, Administrative Services Director Item: Approve application of Old Chicago to extend the Licensed Premises for an Outdoor Event to be held June 29 1. ACTION REQUESTED: Adopt Resolution Approving the Application of Old Chicago to extend their Licensed Premises for an Outdoor Event to be held on June 29. 2. BACKGROUND: Old Chicago has requested to extend their outdoor seating area for the evening of Music in Plymouth. Attached is their drawing on the configuration of the outdoor seating area. This area would include the sale of food and beverages, including liquor. Since their liquor license is only valid for their physical building and their permanent outdoor seating area, the Council would need to approve the request to extend their licensed premises for this one -time -only event. They also received Council approval for last year's event with the same conditions as outlined below. As required, the applicant has submitted a certificate of liability insurance coverage for the event area. Staff is recommending approval of the request with the condition that the outer perimeter of the seating area being secured by a three-foot high temporary fence with one entrance and egress point. 3. BUDGET IMPACT: There is no fee to extend the licensed premises. 4. ATTACHMENTS: Seating area diagram Certificate of insurance Resolution Page 1 Jun 19 08 0230p P'l NIT F -T ss v:. Af tvi COT k Page 2 C "' CERTIFICATE QF LIABILITY INSURANCE DATEIMMIDQ. 11 CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Lfi1'14121J11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, ANDTHE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATTON IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME__ MCGRIFF, SOBELS & WILLIAMS OF GEORGIA, INC. 5605 Glenrid9a Drive - Suite 3{90 PHONE 404 497-7500 FAX RM_Ext]. NP,}. Atlanta, GA 30342 t_A_C —_LC, _ E-MAILADDRESS: INSUR SJ AFFURDtNG COVERAGE !_LAIC # INSURER A.Lberty Mutual Fire Ins Cu. INSURERB :Liberty Insurance Corporation 424G4INSURED Wadsworth Old Chicago, Inc. 2001 Riverside Drive Suite 3100 INSURER C :Fireman's Fund Insuance Co Chattanooga, TN 37408 z. - ME EXP {Any one person} 9 INSURER D INSURER E INSURERF COVERAGES CERTIFICATE NUMBER:C5UCZJ4A REVISION NUMBER: THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE I VWV POLICY NUMBER NtMtDADUSRDfYYYYMMID6LIMITS A GENERAL LIABILiTy AUTHORIZED REPRESENTATIVE / EB2-6511-290343-031 0616112411 06/0112012 EACH OCCURRENCE 5 850,000 COMMERCIALG€NERAL LIABILITY850,000DAMAGETORENTED PREMISES Ea occurrence $ CLAIMS -MADE I - - I OCCUR ME EXP {Any one person} 9 PERSONAL& ADV INJURY $ 850,000XSIR:5750,000 GENERAL AGGREGATE $ 9,850,000 GEN'L AnGRFGVE LIMITAPPLIES PER PRODUCTS - COMPIOP AUG S 1,850.000 PRO R LOCPOLICY7 AUTOMOBILE LIABILITY C IN IM LEa ecclden! $ BODILY INJURY (Par person) SANYAUTO ALL OWNED SCHEOULED AUTOS AUTOSNON -OWNED HIRED AUTOS AUTOS 60DlLY INJURY (Perecdtlenl) $ r ROP ecraiderylj $ is C X UMBRELLA LIAR x OCCUR UO -00048173573 0610112011 06/01/2012 EACH OCCURRENCE $ 1 G,oGa,aGo AGGREGATE $. 10;000.000EXCESSLIARCLAIMS -MADE DEQ I I RETENTION Ss B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y• I NANYPROPRIETUMiRTNEL'EXECUTIVE A7 -65D-290343-051 - AOS C7-651-290343-0111 - OR & WI 0610112019 0610112012 x WC STATIJ- OTH_ MITS E.L. EACHACC16EN7 s 1,000,000 OFFiCERIMEMBER EXCLUIDED? ' MandatM in NH} N 1 A. E.L. DISEASE- EA EMPLOYEE S 1,000,000 Ifgys, descnba under QE.SCRIPTiON OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 000 000 LlquorLiabiiity T02-651-290343-041 0510112011 0610112012 Each Orcurrenca: 1,000,00[} Continuous until Canceled Aggregate'. S 2,000.X0 Deductible: 3 150,000 S 5 DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES iAttaGh ACORD 1(11, Add!tlonal Remarks Schedule, If iTidre space is required) Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 35D5 Vicksburg Ln #100, Plymouth, MN 55447 For expansion of premises for June 29 Music in the Park event. CERTIFICATE HOLDER CANCELLATION Page 1 of 1 Q 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 3 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Plymouth AUTHORIZED REPRESENTATIVE / City {'le{jce 3400, M Plymouth Blvd Plymouth, MN 53073 Page 1 of 1 Q 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION EXTENDING THE LICENSED PREMISES FOR OLD CHICAGO, 3505 VICKSBURG LANE WHEREAS, Old Chicago, 3505 Vicksburg Lane, desires to conduct an outdoor event on June 29; and WHEREAS, the licensee would be extending their licensed premises to include the additional outdoor seating area, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the request to extend the licensed premises is hereby approved with the condition that the outer perimeter of the seating area being secured by a three-foot high temporary fence with one entrance and egress point. Approved this 28th day of June, 2011. Page 4 rp)City of Agenda 6 . 1 0PlymouthNumber: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Regina Michaud, Recreation Manager June 28, 2011 Reviewed by: Diane Evans, Superintendent of Recreation Adopt Ordinance Amending Section 1016.01 of the City Code Item: and Resolution Amending the City Policy Regarding the Plymouth Creek Center 1. ACTION REQUESTED: Adopt the attached Ordinance Amending Section 1016.01, Subd 12 of the City Code for fee changes at the Plymouth Creek Center, Millennium Garden and Fieldhouse. 2. BACKGROUND: Each year staff reviews fees and policies related to use of the Plymouth Creek Center, Millennium Garden and Fieldhouse. The review ensures that the City is current with trends and competitive with other metro area facilities. Staff is recommending that we do not increase rental fees at the Plymouth Creek Center, Millennium Garden or Fieldhouse. Alternatively, staff is recommending that we lower the rental rate on Fridays for ballroom events at the Plymouth Creek Center. Specifics regarding fee recommendations are detailed below. The Parks and Recreation Advisory Commission reviewed the proposed fee changes at their June 9, 2011 meeting and recommended Council approval. Plymouth Creek Center and Millennium Garden Plymouth Creek Center and Millennium Garden fees are typically reviewed at this time each year to accommodate an 18 month reservation policy. Therefore, any fee changes would be in place July 1, 2011, when staff begins taking reservations for January 2013. Due to continued downturn in the economy and the fact that Plymouth Creek Center rentals have been down the last few years, staff is recommending that we do not increase rental fees. During the past year, staff has heard from potential clients that our rates are somewhat high. Rental rate comparisons with other facilities validate these comments as many facilities in the area that are similar to ours charge a lower rate on Friday than Saturday. Correspondingly, the Plymouth Creek Center has experienced reduced Friday rental use. A rate reduction might be enough to boost bookings and increase overall facility revenue. Therefore, staff is recommending that we lower the rental rate on Fridays for ballroom events to stimulate rentals and stay competitive with the rental market. Page 1 PLYMOUTH CREEK CENTER - CURRENT AND PROPOSED RATES Plymouth Ballroom (6 hour rental periods) Fieldhouse The Fieldhouse has been on a three year cycle for rate increases. This is the fourth year since our last increase. In 2009, we added a $10 hourly non -Plymouth group fee on half -field rentals and a $20 hourly non -Plymouth group fee on full -field rentals. As Maple Grove has constructed a new Fieldhouse that may negatively impact our future rentals and since the Fieldhouse has been doing quite well financially and is currently on pace to exceed budgeted net income for 2011, staff is not recommending an increase for the 2011-2012 season. FIELDHOUSE - CURRENT RATES Plymouth Plymouth Non -Resident PRIME TIME Resident Corporation 2011/12 2013/14 2011/12 2013/14 2011/12 2013/14 Monday -Thursday 390 390 515 515 645 645 Friday 940 725 1140 970 1255 1030 Saturday 940 940 1140 1140 1255 1255 Sunday 510 510 695 695 810 810 Additional Hours 70 70 95 95 125 125 Fieldhouse The Fieldhouse has been on a three year cycle for rate increases. This is the fourth year since our last increase. In 2009, we added a $10 hourly non -Plymouth group fee on half -field rentals and a $20 hourly non -Plymouth group fee on full -field rentals. As Maple Grove has constructed a new Fieldhouse that may negatively impact our future rentals and since the Fieldhouse has been doing quite well financially and is currently on pace to exceed budgeted net income for 2011, staff is not recommending an increase for the 2011-2012 season. FIELDHOUSE - CURRENT RATES Non-resident rates added in fall, 2009. 3. BUDGET IMPACT: Nominal budget impact expected (+/- $3,500). The Plymouth Creek Center has experienced reduced Friday rental use. A rate reduction might be enough to boost bookings and increase overall facility revenue once we are on par with the rental market. 4. ATTACHMENTS: Plymouth Creek Center, Millennium Garden and Fieldhouse Report PRAC Minutes Ordinance Amendment Page 2 Full Resident Field Non -Resident Half Field Resident Non -Resident PRIME TIME Monday -Friday 6-10:30 p.m. 264 284 132 142 Weekends & Holidays 7:30 a.m. - 10:30 p.m. NON -PRIME TIME 226 246 113 123Allothertimes Non-resident rates added in fall, 2009. 3. BUDGET IMPACT: Nominal budget impact expected (+/- $3,500). The Plymouth Creek Center has experienced reduced Friday rental use. A rate reduction might be enough to boost bookings and increase overall facility revenue once we are on par with the rental market. 4. ATTACHMENTS: Plymouth Creek Center, Millennium Garden and Fieldhouse Report PRAC Minutes Ordinance Amendment Page 2 MEMO CITY OF PLYMOUTH 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MN 55447 DATE: June 3, 2011 TO: Park and Recreation Advisory Commission FROM: Rick Busch, Manager, Plymouth Creek Center SUBJECT: Policies and Fees for the Plymouth Creek Center/Millennium Garden and the Fieldhouse ACTION REQUESTED The Park And Recreation Advisory Commission should review and approve the proposed policy and fee recommendations for the Plymouth Creek Center/Millennium Garden and Fieldhouse and forward to the to the City Council for final adoption. BACKGROUND INFORMATION Plymouth Creek Center and Millennium Garden Due to continued downturn in the economy and the fact that Plymouth Creek Center rentals have been down the last few years, I am not recommending any increases in rental rates at this time. During the past year, staff has heard from potential clients that our rates are somewhat high. As well, rental rate comparisons with other facilities also validates these comments. Therefore, staff is recommending that we do not increase rental fees for 2012. Staff is recommending that we lower the rental rate on Fridays for ballroom events because we are seeing less Friday rental usage. A rate reduction might be enough to boost bookings and increase overall facility revenue. In addition, many facilities in the area that are similar to ours charge a lower rate on Friday than Saturday. Our current ballroom rates (6 -hour period); Monday -Thursday: $390 for residents 515 for Plymouth Corporate 645 for Non-residents Page 3 Friday -Saturday: $940 for residents 1140 for Plymouth Corporate 1255 for Non-residents Sunday: $510 for residents 695 for Plymouth Corporate 810 for Non-residents Proposed ballroom rates (6 -hour period); Monday -Thursday: $390 for residents 515 for Plymouth Corporate 645 for Non-residents Friday -Saturday; — $940$725 for residents 1140$970 for Plymouth Corporate 1$1030 for Non-residents Friday -Saturday: $940 for residents 1140 for Plymouth Corporate 1255 for Non-residents Sunday: $510 for residents 695 for Plymouth Corporate 810 for Non-residents Fieldhouse For the fieldhouse, we had been on a three year cycle for rate increases. This is the fourth year since our last increase (see table below). Two years ago we added a $10 hourly non -Plymouth group fee. Since the fieldhouse has been doing quite well financially and is currently on pace to exceed budgeted net income for 2011, staff is not recommending an increase for the 2011-2012 season. Year Prime Time Non - Prime Time 1999-2001 210 180 2002-2004 235 200 2005-2007 244 210 2008-2011* 264 226 Page 4 Our current Fieldhouse rates; PRIME TIME FULL FIELD HALF FIELD Monday -Friday 6-10:30 pm. Resident-$264/Hr. Resident-$132/Hr. Weekends Et Holidays 7:30 am. -10:30 pm. Non-Res.-$284/Hr. Non-Res.-$142/Hr. NON -PRIME TIME FULL FIELD HALF FIELD All other times Resident-$226/Hr. Resident-$113/Hr. Non-Res.-$246/Hr. Non-Res.-$123/Hr. In fall of 2009 we added the Non-Resident/Non-Plymouth group rental fees. Page 5 DRAFT MINUTES OF THE PARKS AND RECREATION ADVISORY COMMISSION MEETING June 9, 2011 PRESENT: Commissioners: G. Anderson, N. Carroll, M. Riley, A. Vanderwall, J. Vecere, K. Wyse, J. Zwack Staff: D. Evans, D. Sankey, A. Dehn Planning Commission Liaison: D. Kobusson 1. CALL TO ORDER Chair Carroll called the meeting to order at 7:04 p.m. 2. APPROVAL OF MINUTES MOTION was made by Commissioner Anderson and seconded by Commissioner Vanderwall to approve the May minutes. Vote: 5 Ayes. Motion carried. Note: Commissioner Wyse and Commissioner Vecere arrived after the vote. 3. OPEN FORUM 4. VISITOR PRESENTATIONS (NON -ACTION ITEMS): a. Staff Presentation: Angie Dehn, Plymouth Creek Center Rental Coordinator Superintendent Evans introduced Angie Dehn, the Rental Coordinator, and explained that she is stepping in for Rick Busch, the Manager. Dehn presented the Fieldhouse Annual Report for 2010. She explained that we have been on a three-year cycle for rate increases. At this time, we are proposing that the rates stay the same. The Fieldhouse has been in operation for 10 years and has earned between $100,000 - 200,000 in profit per year. This is placed in a fund for future replacement costs. We had very little time unrented last year. Maple Grove is opening a facility, so there will be more competition. Commissioner Vanderwall asked if we have projections on how this will affect us. Dehn said we would definitely lose one group, Maplebrook Blast. We do have so much interest in the facility, however, that we will probably recoup the loss. We do want to stay competitive. Commissioner Zwack asked how we compare to others. Dehn answered that everyone pretty much offers the same service for about the same price. Dehn reported that at the Plymouth Creek Center, we had 60 garden weddings last year, up from 50. We are slipping slightly on receptions. We are proposing that we decrease the Friday rental rates and keep the other rates the same. Compared to other centers, we are a little high and we don't want to price us out of competition. Friday rentals have been a little low during the off-season. We are proposing $725 for residents and $1,030 for non-residents on Fridays. Commissioner Vanderwall asked how much lower the new rates are. Dehn said about $200 lower. Page 6 PRAC Minutes/June 9, 2011 Page 2 MOTION: Commissioner Riley moved to adopt fees as staff proposed. Commissioner Zwack seconded. Vote: 7 Ayes. Motion carried. Commissioner Riley said she had requested last year that the tone of the written policy information presented to customers be changed and was wondering if she could see it on line or elsewhere. She thought the materials were not as welcoming as they could be. They are accurate and complete but could have a warmer tone. b. Staff Presentation: Betty Hanson & Pat McGraw, Senior Council Pat McGraw spoke on behalf of the Plymouth Senior Council, which represents all the activities offered to seniors in our city. The Senior Council's purpose is to work with PRAC to provide programs for seniors. The senior participants are 55 and older. Offerings include a large variety such as Handycrafters, Woodcarvers, Rockers, speakers, classes and trips. The seniors also participate in fund raisers, style shows, computer classes, and an annual brunch to honor volunteers. We also hold an annual party to honor citizens age 90 and over. We have 33 signed up right now. We have started focusing on Baby Boomers, as we need to attract them to the organization in order to keep it going. Betty Hanson is on the Senior Council which meets every other month to discusses ways to raise money. She is vice president of the Senior Club which meets once a month for lunch. She also does some escorting for Sarah on the senior trips. She has volunteered for the Park & Recreation office, the Plymouth Creek Center office, Yard & Garden Expo, Primavera, and other special events like the Waffle Breakfast. Commissioner Vanderwall asked where the Bike Club meets. Superintendent Evans said there is a coordinator who picks out routes. Sometimes they meet at the Plymouth Creek Center and sometimes elsewhere. 5. NEW BUSINESS (ACTION ITEMS): a. Trail Projects — Carlson Parkway or Medina Road Superintendent Evans said that every year we review potential trail additions to add to our trail linkage. We do have gaps in the system and we like to fill the gaps to provide safe ways for pedestrians and bikes to get around. We are presently considering segments on Medina Road, estimated at $115.000 and Carlson Parkway at $125,000. The City typically puts trails in parks or right of ways. In both of these cases, it would be in a right of way. Both locations have plenty of room to put in an 8 ft trail, which can be constructed next to the curb or set back. Evans provided the Chair with comments she has received on the project. Commissioner Vanderwall asked if the property is owned by the city. Evans said it is road right of way. Commissioner Riley asked if we have usage statistics showing which site is used most. Evans said we do not, although we do see that people are using these areas. The Carlson Parkway site has a worn dirt path. Medina Road is a two-lane road which is rather busy, and it is near a school. Commissioner Vecere noted that there is a trail system running through the area that looks kind of cumbersome. The trail would allow people in the back quadrant to access the school Page 7 PRAC Minutes/June 9, 2011 Page 3 area more easily. He asked which proposal would have more of a positive impact on its neighborhood and be useful for kids. Evans noted that there is a school in the Medina Road neighborhood. There seems to be more kids using that road. Less concern has been expressed so far from citizens in the Carlson Parkway area. Commissioner Anderson said as a cyclist he wondered if any kids had to cross 494 to get to school on Carlson Parkway. Evans thought probably not, but the convenience store area nearby was probably the main place to go. Vanderwall noted that there is a gymnastics gym in the area. Anderson said Carlson Parkway is also a busy road. It is a four -lane road, and that is intimidating. Vanderwall asked if there were any accident stats for the area. Evans said not that she knew of, but she had not done research in that regard. Yvette Burger, 3945 Yellowstone Lane N, said she built her home in 1994. She is very concerned and totally against this trail. The money should go elsewhere since we are lacking in services of police and other necessities. It is better to protect the children. This is spending that we don't need at this time. They have neighborhood trails already. She doesn't see that many people walking. Evan Gaustad, 3925 Urbandale Lane N, said he was not entirely against the trail. He has a sprinkler system that goes up to the road and sprinkles in towards the yard. The path would increase traffic along the road. He would need his berm extended and some privacy trees. Sharon Taragos, 18375 37th Place N, is a member of the Homeowners Board of Bridlewood. The association has spent a lot of time and money to make sure their trails are maintained. She thinks it is safer for the kids in the neighborhood to use their trails. The association has not had any complaints about the safety in the area. She doesn't think a new trail is necessary. It would be a duplication of the trail within the neighborhood. She is also concerned about losing part of the berm. She mentioned that Excel is going to move some power lines. Commissioner Anderson asked if their trail belongs to the City. Parks Maintenance Supervisor Lowell Luebeck explained that it belongs to the homeowners association. Brian Malmquist, 13636 5th Avenue N, said he thinks the Carlson Parkway trail is probably needed. He has about 24 feet between the curb and his trees and fence. He would like to see the trail next to the street so it doesn't disturb his plantings. Anil Singh, 18540 391h Avenue N, feels that we could probably use the money somewhere else. He thinks the foot traffic is more inside the community, and there is limited foot traffic on Medina Road. He is not opposed but would rather see the money used elsewhere. He would like to see the speed limit on Medina Road slowed down because it would lower the risk of accidents. Many parents are dropping off kids at school. Many trucks are going in and out of the businesses across the street. It would be better to have the commercial vehicles going into the businesses on a four -lane street. Commissioner Vanderwall asked for clarification. Singh said he is not opposed to trails, but it would be better to use the money somewhere else. He is afraid the trail would not be used very much. Page 8 PRAC Minutes/June 9, 2011 Page 4 Su Gaustad, 3925 Urbandale Lane N, said she has seen a couple people every month going through where the trail would be. The trail within the neighborhood is not plowed during the winter, and she is not sure if the city trail would be plowed. She is in favor of a trail but somewhat indifferent. Yvette Burger said she is concerned about her property value. She has four 40 or 50 foot blue spruce trees, and it would be very costly to replace them if we build the trail. She would be very disappointed if the trees are removed. She feels a speed bump would be good to reduce speeds on Medina Road. Sharon Taragos said that in Bridlewood the trails are not maintained in winter time. This involves liability issues for the association. Anil Singh is concerned that the trail would attract people near his property who are not neighbors and is wondering about needing to take safety precautions. He would like to see an artist's rendering of what it would look like. Evan Gaustad noticed that people fly down Medina Road, and he would like us to consider lowering the traffic speed. Superintendent Evans explained that the trail would be built with park dedication money that cannot be used for police or any other use. It can only be used for new park property development or enhancement. If a trial were put in, the sprinkler system would be fixed for the homeowner. We would not provide a berm for screening. The trail further down Medina Road is against the curb, and this probably would be too. It would be maintained by the city. In Plymouth, 80% of trails are plowed so that there is a way to get to schools and destinations in winter. We try to protect trees. The State issues the speed limits. Citizens can present concerns about speed limits to the City Council who can work with the State. Commissioner Anderson said he witnessed a bicycle accident a few years ago. A teenage driver was turning into a development with sun in his eyes and hit a bicyclist. There is a state law that lets cities change a speed limit to 25 near schools. Commissioner Riley had a question about the power company increasing the size of the lines and whether we factored this in. Evans said the Engineering Department provided the cost estimate, and they probably are aware of this. Commissioner Zwack said he leans toward putting the trail in where there are less developed trails already. The Medina Road area may be less in need. The Carlson Parkway trail may be the greater need. Let the homeowners association continue with what they are doing. Commissioner Riley agreed. Superintendent Evans said she had a conversation with Drew Leonard who wished to have a curb cut to access his back yard as part of the Carlson Parkway project. She just found out that each property is allowed only one curb cut, which is the driveway. Page 9 PRAC Minutes/June 9, 2011 Page 5 Commissioner Wyse said he visited the sites and agrees with Commissioner Zwack in that the Carlson Parkway trail is more needed. MOTION: Commissioner Zwack moved to approve the Carlson Trail project. Commissioner Anderson seconded Vote: 7 Ayes. Motion carried. Lowell Luebeck, Parks Maintenance Supervisor, said he does the maintenance on the trails and feels the Carlson Parkway trail is a good choice. This may become part of a regional trail sometime in the future. Chair Carroll wondered if the people in the Medina Road area are aware of the trail system in the neighborhoods. Bryan Malmquist asked how soon the project would be done. Superintendent Evans said it now goes to the City Council. Notices to the abutting properties will need to be sent out. b. Plymouth Creek Center / Millennium Garden / Fieldhouse Fees See section 4a. c. Skate Park Lowell Luebeck came to Plymouth ten years ago and Coon Rapids before that. He is responsible for maintenance in the parks. We are considering creating a new skate park. We first looked at putting the skate park back where it has been at the water treatment plant area. However, it is not very inviting. The staff started looking at other available sites. Eric had the idea of moving it to Plymouth Creek Park at the former archery range. This spot is rather tucked away and not very visible, so we are now considering the former hockey rink site. Since this is our central park, we want to have a good variety of things to do there. We have pulled the boards from the old hockey rink that is next to the new concrete poured hockey rink. We have gathered input from skaters and have held meetings with vendors. We will ask vendors to design a skate park for our site with the dollars we have budgeted. There are four or five national companies who can do the design and contract the work. The type of skate park we are looking at is a "plaza type." One of the people on the citizen's group review team is an expert and has skated all over the country. He is a great resource. The site is good because there is parking, and there is the possibility of gaining more parking if needed. Because of the size of the project, we will not need Watershed District approval. The Engineering Department has worked on grading plans. We hope to have Council approval to award the bid on July 26. Bids go out the end of June. Superintendent Evans said it would be great for the commissioners to be involved in the neighborhood open house that is coming up. The budget is $210,000. Bids will be for the best skate park for this budget amount. Commissioner Zwack said he lives on Plymouth Creek Park. He will abstain on voting, but he will attend the open house. Evans asked if he sees any problems. He said the archery range site is pretty tucked in. The hockey rink location is a very good one. Page 10 PRAC Minutes/June 9, 2011 Page 6 Luebeck said kids and moms said they want shade. We will probably incorporate canopies like we do on some of the playgrounds. We have planned ahead for possible future projects nearby so that the land is well used. Commissioner Anderson noticed references to skate park and open skate. Luebeck said that open skate refers to the winter ice skating usage. MOTION: Commissioner Vanderwall moved to approve continuing the skateboard project. Commissioner Riley seconded. Vote: 6 Ayes. Motion carried. Note: Commissioner Zwack abstained. d. Model Rocket Code Change Diane said this request is coming from the Police Department. They have had complaints about the sound coming from gas powered model rockets. Our current code does not cover these. We are proposing to add a few words to the code to define this issue MOTION: Commissioner Riley moved to support the adoption of the wording for the Model Rocket Code as supplied by staff. Commissioner Anderson seconded. Vote: 7 Ayes. Motion carried l:ode]iviliv,16*'i4L9],11I&NUBy- 9*1 o Plymouth Dog Park Superintendent Evans explained that we wanted to realign the entrance into the dog park with the driveway across the street. The County has approved the location, so we can move along with the project of paving the driveway and parking lot. It still needs to go through the Planning Commission and City Council. We anticipate starting work on the project in August or September. o 2012-2016 CIP Draft Review Superintendent Evans explained that the 2012-2016 CIP Draft is not available to hand out quite yet because she is still working on it. She will email it to the commissioners to start reviewing. The City made a big commitment to update lighting in the parks, and we have budget commitments for the next ten years. We have scheduled $250,000 each year to go toward the lighting project. It will affect how much money we can spend from the CIP. Playgrounds will be renovated. A new trail for the Northwest Greenway must sit in the five-year queue. Housing development is starting on the old Hampton Hills Golf Course property. We have acquired land from park dedication for a new neighborhood park. A splash park is in future at Plymouth Creek Park. Replacement of field turf at Plymouth Creek Center will need to be done, and we will apply for a Hennepin County sports grant of $150,000. It would cost about $1 million for turf at Elm Creek Playfield. Long range, we expect to do several turf fields in the community because teams want to get out early in the spring, and the fields get ripped up. There is the potential acquisition of land for a tenth playfield. Chair Carroll asked if we have a location for this. Evans said it is the Begin property. Every year we have Page 11 PRAC Minutes/June 9, 2011 Page 7 had dollars in the CIP for trails. The strategy is to put $200,000 every other year. This allows us to do more difficult trail segments. o Upcoming Community/Special Events Music in Plymouth is June 29. This is the grand opening of the new look for the Hilde Performance Center. Movies in the Park starts next week. Megamind is the first movie on June 15. Six movies are scheduled o Eric's Retirement Flyer Eric Blank's party on is June 23 from 4:30-6:30. Ellie Singer will speak on behalf of the Commission. Commissioners can submit comments to Superintendent Evans who will pass them on to Singer. FAW_113L0111:7,IJi1=1Ll111 Chair Carroll entertained the motion to adjourn. MOTION was made by Commissioner Riley and seconded by Commissioner Vanderwall. Vote: 7 Ayes. Motion approved. The meeting adjourned at 9:00 p.m. The next meeting will be held on September 8 in the City Council Chambers. Donna Sankey — PRAC recorder Page 12 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2011 - AN ORDINANCE AMENDING CHAPTER 10 OF THE PLYMOUTH CITY CODE CONCERNING PARK FACILITIES FEES THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 1016- Subd. 12 of the Plymouth City Code is hereby amended as follows: Subd. 12. Plymouth Creek Center. Plymouth Resident Non Plymouth Non -Profit Groups Resident Corporation a) Full Plymouth Room Mon.-Thurs. (6 hrs.) 390 645 515 Friday 725 970 1030 Fri., Sat., Sat & Holidays (6 hrs.) 940 1,255 1,140 Sunday (6 hrs.) 510 810 695 Additional Hours 70 125 95 b) Half Plymouth Room and Black Box Theater Hourly (2 hr. min.) Additional Hours 75 (hr) $ 100 (hr) $ 90 (hr) 35 $ 60 $ 45 c) Quarter Plymouth Room and Fireside Room Hourly (2 hr. min.) $50 $ 75 $60 4-6 Hours $200 $300 $240 d) Meeting Rooms 1 &2 Hourly (2 hr. min.) $30 $50 $ 40 6 Hours $150 $250 $200 Note: Sales tax will be added to the above rates. For room rentals, if the center is not otherwise open for City activities, an additional charge of $15/hour for a building supervisor will be charged. Non-profit Plymouth civic groups are allowed one meeting per month in either Meeting Room 1 or 2 for up to two hours rent free, but are subject to building supervisor fees ($15/hr.). If a larger room is needed, resident fees apply. Page 13 Ord. 2007-20, 7/24/2007; Ord. 2007-23,1010912007; Ord. 2009-10, 6/23/2009) e) Other Charges Overhead Projector: 10/day Plymouth Room: 100/day (includes LCD, screen, VCR/DVD use and of three TVNCR monitors) Piano 25/day Flip Chart 10/day TV & VCR 15/day Wireless Microphone 50/day Slide Projector 20/day Portable LCD Projector 100/day Ord. 2007-06, 2/13/2007; Ord. 2009-10, 6/23/2009) State sales tax will be added to all rates contained in Section 1016 and $100 building deposit to all facilities unless otherwise noted. (Ord. 2007-23, 10/09/2007) SECTION 2. This ordinance shall be effective upon passage. ADOPTED by the City Council of the City of Plymouth, Minnesota this 28th day of June, 2011. Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 14 rp) City of Agenda 6.11PlymouthNumber: Adding Q dity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Regina Michaud, Recreation Manager June 28, 2011 Reviewed by: Diane Evans, Superintendent of Recreation Item: Accept Sponsorship Donations to the City of Plymouth 1. ACTION REQUESTED: The City Council should approve the attached resolution accepting general donations made to the City of Plymouth from January through June 2011 for all special events, programs, summer concerts, senior programs, volunteer programs and park projects. 2. BACKGROUND: Over the course of the year, the City of Plymouth receives numerous financial and merchandise donations from community businesses and organization. In 2010, the Recreation Division implemented a new sponsorship marketing program that has been highly successful in increasing sponsorships, partnerships and donations by local organizations. Donations received by the City of Plymouth help support, enhance and augment all of the events, programs and services held each year for the community. The list below represents just a few examples of events, programs and facilities that received community donations and financial support: Entertainment in the Parks Series (i.e., Concerts, Movies in the Park, Water Ski Shows) Special Event Sponsorship (i.e. Plymouth of Parade, Halloween at the Creek) Park Projects (i.e. Millennium Garden, Zachary Playfield) 3. BUDGET IMPACT: Donations received throughout the year help offset expenditures and allow for us to enhance programs and services. 4. ATTACHMENTS: Sponsorship/Donation List Sponsorship Marketing Packet Page 1 Plymouth Parks & Recreation — Sponsorship Program yanuary-June 2011 Monetary Sponsorships I 1A Mosaic Company Entertainment in the Parks, Farmers Market 6,000.00 DJD Exteriors Inc Entertainment in the Parks 2,000.00 Partners in Pediatrics Entertainment in the Parks (Kid's Koncerts) 1,500.00 Klein Bank Various events 1,350.00 Health Source Farmers Market 1,180.00 West Health Entertainment in the Parks, Healthy Living Fair 1,180.00 Kinderberry Hill Fire and Ice 1,100.00 Holiday Companies Entertainment in the Parks 1,000.00 Lifetime Fitness Entertainment in the Parks 1,000.00 TCF Bank Various events 1,000.00 Citizens Independent Bank Yard & Garden Expo 500.00 Funfar Landscaping Yard & Garden Expo 500.00 Goddard School Various events 500.00 Gregor Farm & Greenhouse Yard & Garden Expo 500.00 Personal Pride Construction Entertainment in the Parks, Farmers Market 500.00 Precision Chiropractic & Wellness Yard & Garden Expo 500.00 Rainbow Treecare Yard & Garden Expo 500.00 Plymouth Cub Foods Various events 300.00 Harbor Dental Entertainment in the Parks 250.00 Buhler Inc. Plymouth on Parade 200.00 Advanced Medical of Twin Cities Healthy Living Fair 180.00 Life Force Therapies Healthy Living Fair 180.00 Natural Chiropractic Center Healthy Living Fair 180.00 The Brost Clinic Healthy Living Fair 180.00 Huntington Learning Center Summer Carnival 100.00 Total Comfort Yard & Garden Expo 100.00 1 11 Page 2 sponsorship program March 1, 2011 Dear Company or Organization Representative, The City of Plymouth offers a variety of community events throughout the year with the objective of promoting a sense of community and bringing people together. These events would not be possible without the support and partnership of local community businesses and organizations. This is an invitation for you to partner with us and showcase your organization or business. As an event sponsor, your organization will receive visibility through a variety of promotional materials and media coverage. Included in this packet are individual sponsorship flyers for upcoming events that list sponsorship opportunities and the different promotional benefits your company would receive. Also included is a sponsorship pledge form to make partnering with us easy. Hopefully with the variety of events, you will find an event sponsorship opportunity that best suits your company's vision and interest. Event sponsorship flyers in this packet include: Primavera Mad Hatters Tea Party Happy Birthday America Parade Farmers Market Summer Carnival Jazz in Plymouth Entertainment in the Parks Movies in the Parks Plymouth on Parade Please note: To be included on press releases and promotional materials included at the premier and platinum levels, we must receive your sponsorship prior to 1 month before the date of the event. Some levels of sponsorship are limited in number. We encourage you to contact us to discuss your sponsorship as soon as possible to ensure you receive the sponsorship level of your choice. If what is presented in this packet doesn't fit with your organization's interests but you would like to partner in another way, please contact me at your convenience. Thank you for your time and consideration. Sincerely, Travis M Karlen Recreation Supervisor, City of Plymouth Parks and Recreation 763-509-5223 / tkarlen@plymouthmn.gov city oaf Page ivth rp) sponsorship program Business Name Contact Name Phone Number Yes, I am interested in Sponsoring: Primavera Level Sponsorship $ Mad Hatters Tea Party Level Sponsorship $ Happy Bday America Level Sponsorship $ Farmer's Market Level Sponsorship $ Summer Carnival Level Sponsorship $ Jazz In Plymouth Level Sponsorship $ Entertainment in the Parks Level Sponsorship $ Movies in the Parks Level Sponsorship $ Plymouth on Parade Level Sponsorship $ Total Sponsorship $ Amount For Convenience, you may submit your sponsorship payment by Check or Credit Card. Payment Type: Check Amount $ Make Checks payable to the City of Plymouth) Credit Card Amount $ Credit Card Type (Circle One) Card Number Name on Card Signature Credit Card Billing Address Visa Mastercard Discover Expiration Date / Please call Travis Karlen, Recreation Supervisor at 763-509-5223 with any questions. Please send all Sponsorships to Travis Karlen, Recreation Supervisor Plymouth Parks and Recreation 3400 Plymouth Blvd, Plymouth, MN 55447 city of Page uth 51qlom_ Me sponsorship program Levels of Sponsorship Platinum $1000 Gold $500-$999 Sponsor listing and logo on all Listed with all sponsors on event marketing materials, signage brochure and press releases Honorary membership to VIP table at opening night of Friends of the Arts" the event (required 2 week Sponsorship listing on thenotification) Plymouth Arts Council website Honorary membership to Included in annual recognitionFriendsoftheArts" of sponsors published in Sun Sponsorship listing and logo Sailor on the Plymouth Arts Council Included in all press releases website and name will be supplied to Invitation to Preview Night with Channel 12 for promotion wine and appetizers Sponsor is recognized through a Sponsor's banner displayed at sign board at the event event Included in annual recognition Silver $100-$499 of sponsors published in Sun Recognized at event for Sailor sponsorship Included in all press releases Included in annual recognition and name will be supplied to of sponsors published in Sun Channel 12 for promotion Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Literary Night Sponsor $500 Sponsor listing on all marketing materials, signage and press releases related to Literary Night VIP Table on Literary Night (required 2 week notification) Honorary membership to "Friends of the Arts" Introduction of the featured Author/ Speaker Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion PLYMOUTH COUNCIL Preview Night Sponsor $500 Sponsor listing on all marketing materials, signage and press releases related to Preview Night Honorary membership to "Friends of the Arts" VIP Table on Preview Night (required 2 week notification) Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Artist Sponsor $25 Recognized as a sponsor of a specific artwork with a 3X5" Card hung by artwork city of plymouth rp) parks&reee eti n www.plymou h gov/sponsors mission statement Enhancing the quality of life for all residents. Fostering individual and community development in all aspects: physical, mental, social & environmental. Partnership Opportunities By partnering with public and private organizations, we are able to enhance our programs and events and the quality of life for all residents. Furthermore, benefiting and promoting the area businesses. Events Calendar WINTER Santa's Mailbox Old Fashioned Christmas New Years Eve Event Fire & Ice Healthy Living Fair Jazz Impressions Little Sweetheart Ball Primavera SPRING Yard & Garden Kid's Garage Sale SUMMER Summer Concert Series Water Ski Shows Bike Rodeo Prairie Fire Children's Theater Kids Concerts Summer Carnival Movies in the Park Farmers Market Jazz in Plymouth Mad Hatter's Tea Party Happy B -Day America Parade Battle of the Bands FALL Plymouth on Parade Pet Event Halloween at the Creek Volunteer Recognition Event Kid's Garage Sale Mad Hatter's Tea Party k1e] alffe""W 11 lomw FelFe, TFeffff this event Expected Attendance 25 Date 5.22.2011 Time: 2:30 p.m. -5:00 p.m. Location: Millennium Garden Address: 14800 34th Ave Thank you in advance for your tax deductible donation! deductible under 26USC 170 (c). mission statement Enhancing the quality of life for all residents. Fostering individual and community development in all aspects: physical, mental, social & environmental. ill Partnership Opportunities By partnering with public and private organizations, we are able to enhance our programs and events and the quality of life for all residents. Furthermore, benefiting and promoting the area businesses. Events Calendar WINTER Santa's Mailbox Old Fashioned Christmas New Years Eve Event Fire & Ice Healthy Living Fair Jazz Impressions Little Sweetheart Ball Primavera SPRING Yard & Garden Kid's Garage Sale SUMMER Summer Concert Series Water Ski Shows Bike Rodeo Prairie Fire Children's Theater Kids Concerts Summer Carnival Movies in the Park Farmers Market Jazz in Plymouth Mad Hatter's Tea Party Happy B -Day America Para, Battle of the Bands FALL Plymouth on Parade Pet Event Halloween at the Creek Volunteer Recognition Event Kid's Garage Sale Happy Birthda merica Parade TATa LT " this event sponsorship program Levels of Sponsorship The mission of the market is to create a sense of community and to enhance community health with fresh, locally grown produce and plants as well as bread, jams, honeys and locally raised meats and eggs. Platinum (2 spots available) $1,000 Sponsors listing and logo on all marketing materials, signage and press releases VIP Table at Farmers Market event, once per month at event, (requires two week notification to Market Manager to reserve table) Signboard displayed at event with sponsor logo and recognition Sponsorship listing and logo on Farmers Market weekly newsletter Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion L, - Gold $500 Listed with all sponsors on event brochure Sponsorship listing and logo on Farmers Market weekly newsletter Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Signboard displayed at event with sponsor logo and recognition Silver $250 Recognized at event for sponsorship Included in annual recognition of sponsors published by Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion city of plymouth parks&rfagelion www.plymouthmn.gov/sponsors sponsorship program Levels of Sponsorship An event for families to come play games, jump and play on the inflatables and have their faces painted! More entertainment from balloon artists, magicians and more! Platinum $750+ Sponsor listing and logo on all boards materials, signage and press releases VIP table at event (required 3 week notification - 1st come 1st serve) Sponsor's banner displayed at the event Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Gold (entertainment sponsor) $500 Included in list of sponsors at event Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Sponsor's banner displayed on stage at the event Silver Activity Sponsor $100-$150 Recognized at event for sponsorship Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion You may pick your activity sponsorship Game 100 Facepainter 150 Balloon Artist 150 Inflatables 150 Spin Art Sponsor 100 Entertainment 500 city of plymouth p parks &rftg"ion I- www.pIymouthmn.gov/sponsors 11 sponsorshipprogram Levels of Sponsorship This event features a fine evening of jazz with vendors and outdoor activities. This program is offered through the Plymouth Arts Council. Platinum $750+ Sponsor listing and logo on all marketing materials, signage and press releases Free admission to the event Sponsor listing and logo on the Plymouth Arts Council website Honorary membership to "Friends of the Arts" Sponsor's banner displayed during the event Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Gold $500-$749 Listed with all sponsors on event brochure Honorary membership to "Friends of the Arts" Free admission to the event Sponsor listing on the Plymouth Arts Council website Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Sponsor is recognized through a sign board at the event Silver $100-$499 Recognized at event for sponsorship Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion P LYMO U T H PRIS COUNCIL city of plymouth parks&Page-l.0ion www.pIymouthmn.gov/sponsors Partnership Opportunities By partnering with public and private organizations, we are able to enhance our programs and events and the quality of life for all residents. Furthermore, benefiting and promoting the area businesses. Events Calendar WINTER Santa's Mailbox Old Fashioned Christmas New Years Eve Event Fire & Ice Healthy Living Fair Jazz Impressions Little Sweetheart Ball Primavera SPRING Yard & Garden Kid's Garage Sale SUMMER Summer Concert Series Water Ski Shows Bike Rodeo Prairie Fire Children's Theater Kids Concerts Summer Carnival Movies in the Park Farmers Market Jazz in Plymouth Mad Hatter's Tea Party Happy B -Day America Parade Battle of the Bands FALL Plymouth on Parade Pet Event Halloween at the Creek Volunteer Recognition Event Kid's Garage Sale Enhancing the quality of life for all residents. Fostering individual and community development in all aspects: physical, mental, social & environmental. Entertainment in the Park this event Average Attendance 10,500 Date Throughout Summer Location: Parkers Lake Park & Hilde Center Plymouth Parks and Recreation constantly strives to provide outstanding venues and entertainment for Plymouth residents and surrounding communities. The renovated Hilde Performance Center will attract thousands to our free concerts in the Parks. Parker's Lake Stage is a beautiful lake venue where we host free family and kid's concerts throughout the summer. Levels of Sponsorship Premier Partner $500C Premier Sponsor listing on all marketing materials, signage and press releases 5x13' Premier Sponsor banner displayed at the Hilde throughout the Summer (exception of June 27-30) Individual sign w/logo displayed on movie screen at each movie Logo featured on all promotional materials VIP Tent and table at each movie event required 2 week notification) Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Platinum T"O "Or" M I IL sponsorship program 1000 Sponsor listing and logo on all marketing materials, signage and press releases Included in list of Platinum Level Sponsors on a banner which will be displayed at the Hilde during all Movies in the Parks Recognition through sign board at all Movies in the Parks Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Gold $500 Included in list of sponsors on event brochure Included in annual recognition of sponsors published in Sun Sailor Announced as a contributer at introduction of movie Included in all press releases and name will be supplied to Channel 12 for promotion Silver $250 Recognized at specified movie for sponsorship Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion city of plymouth parks&re.Crge yjn jam' www.plymou n.gov/sponsors sponsorsnip program Levels of Sponsorship Celebrate our city and community by enjoying an old fashioned parade through City Center and an afternoon of family activities. Premier Sponsor $1,000 Sponsor listing and logo on all marketing materials, signage and press releases VIP table at event (required 2 week notification) Sponsor's banner displayed at the event must be supplied by sponsor) Sponsor recognition by DJ as the Premier Sponsor each % hour of the event Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Entertainment Sponsor $500 Recognized as sponsor through sign board in front of DJ table at the event Sponsor recognition by DJ as the Premier Sponsor each K hour of the event Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Game/Activity Sponsor $200 Included in annual recognition of sponsors published in Sun Sailor Included in all press releases and name will be supplied to Channel 12 for promotion Recognized as a sponsor through sign board at a specific game/activity: Face painters Balloon Artist Inflatables Special Parade Units city of plymouth r parks&page-l-3ion I' www.pIymouthmn.gov/sponsors CITY OF PLYMOUTH RESOLUTION N0. 2011 - A RESOLUTION ACCEPTING DONATIONS FOR CITY OF PLYMOUTH SPECIALS EVENTS, PROGRAMS AND PARK PROJECTS WHEREAS, the Plymouth City Council previously accepted donations for City special events and program, summer concerts, senior programs, volunteer programs, and park projects; and WHEREAS, additional donations have been made since that resolution was passed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that all additional donations made to Plymouth special events and programs, summer concerts, senior programs, volunteer programs, and park projects are hereby accepted. Approved this 28th day of June 2011. Page 14 City of Plymouth Adding Qkelity to Life REGULAR COUNCIL MEETING June 28, 2011 Agenda 8.01Number: To: Laurie Ahrens, City Manager Prepared by: Jodi Bursheim, Finance Manager Reviewed by: Calvin Portner, Director of Administrative Services Item: Receive and Accept the 2010 Comprehensive Annual Financial Report (CAFR) 1. ACTION REQUESTED: Approve the attached resolution accepting the 2010 Comprehensive Annual Financial Report. 2. BACKGROUND: Each year, the city is required to have an independent certified public accounting firm audit the financial statements. The firm of Malloy, Montague, Karnowski, Radosevich & Co., P.A. (MMKR) performed the 2010 audit. For the year ending December 31, 2010, the city received an unqualified opinion. An unqualified opinion is the highest form of assurance a certified public accounting firm can issue. The opinion can be found on page one of the Comprehensive Annual Financial Report (CAFR). As part ofthe annual reporting process, the CAFR will be submitted to the National Government Finance Officers Association for the Certificate of Excellence in Financial Reporting. The city has earned the excellence in reporting distinction for 28 consecutive years. Attached to this report are three documents providing information about the audit, the CAFR, the Special Purpose Audit Report and the Management Report. Aaron Nielsen from MMKR will provide a brief overview of the three reports. There are several areas within the reports that you may want to pay particular attention to as these areas will assist in providing a better understanding of the city's overall financial condition. These areas are as follows: Comprehensive Annual Financial Report o Letter of Transmittal o Independent Auditor's Report o Management Discussion and Analysis o Notes to the Financial Statements Special Purpose Audit Report Management Report Page 1 Audit Findings and Comments — As part of the annual audit, the auditor's prepare and submit a management report. The report contains recommendations related to the city's internal controls as well as observations and recommendations on other matters the auditors may observe or find during the audit. For this period, the auditors have issued an unqualified opinion on the city's financial statements. There were no matters involving the city's internal control over financial reporting considered to be a material weakness. The testing results disclosed no instances ofnoncompliance to be reported under Government Auditing Standards or with Minnesota laws and regulations. The auditors did report two findings directly related the ARRA Energy Efficiency and Conservation Block Grant. The findings are described on page one of the Management Report, as well as pages 9-10 of the Special Purpose Audit Report. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Comprehensive Annual Financial Report Special Purpose Audit Report Management Report Page 2 C.E.RTIFIED A C C O U N' INDEPENDENT AUDITOR'S REPORT To the City Council and Residents City of Plymouth, Minnesota PRINCIPALS Kenneth W. Malloy, CPA Thomas M. Monrague, CPA Phomas A. L£arnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichren, CPA Aaron J. Nielsen, CPA Victoria L. Holinka, CPA We have audited the accompanying financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Plymouth (the City) as of and for the year ended December 31, 2010, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these financial statements based on our audit. The prior year partial comparative information presented has been derived from the City's financial statements for the year ended December 31, 2009, and in our report dated June 10, 2010, we expressed unqualified opinions on the respective financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City as of December 31, 2010, and the respective changes in financial position and cash flows, where applicable thereof, and the respective budgetary comparison for the General Fund and the major special revenue funds for the year then ended, in conformity with accounting principles generally accepted in the United States of America. The financial statements include prior year partial comparative information. Such information does not include all of the information required in a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the City's financial statements for the year ended December 31, 2009, from which such partial information was derived. continued) Malloy, Montague, Karnowski, Radosevich & Co., P.A. Page 3 5353 Wayzata Boulevard + Suite 410 • Minneapolis, MN 55416 • Telephone; 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com In accordance with Government Auditing Standards, we have also issued a report dated June 8, 2011 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. Accounting principles generally accepted in the United States of America require that the Management's Discussion and Analysis, which follows this report letter, and the required supplementary information, which follows the notes to basic financial statements, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements as a whole. The introductory section, supplementary information, and statistical section, as listed in the table of contents, are presented for purposes of additional analysis and are not a required part of the basic financial statements. The supplementary information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory section and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion or provide any assurance on them. t June 8, 2011 Page 4 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA Special Purpose Audit Reports on Single Audit, Internal Controls, and Compliance with Laws and Regulations Year Ended December 31, 2010 Page 5 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA Special Purpose Audit Reports Year Ended December 31, 2010 Table of Contents Page Independent Auditor's Report on Schedule of Expenditures of Federal Awards Schedule of Expenditures of Federal Awards 2 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 3-4 Independent Auditor's Report on Compliance With Requirements That Could Have a Direct and Material Effect on Each Major Program and on Internal Control Over Compliance in Accordance With OMB Circular A-133 5-6 Independent Auditor's Report on Compliance With Minnesota State Laws and Regulations 7 Schedule of Findings and Questioned Costs 8-10 Page 6 MMKR CERTIFII D NBLIL ACCQU N VAN i'S INDEPENDENT AUDITOR'S REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS City Council and Residents City of Plymouth, Minnesota PRINCIPALS Thomas M. Montague, CPA Thomas A, Karnowski, CM Paul A. Radosevich, CPA William J. Lauer, CPA Jamas H. Eichren, CPA Aaron J. Nielsen, Cl°A Victoria L. Holinka. CPA We have audited the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Plymouth (the City) as of and for the year ended December 31, 2010, which collectively comprise the City's basic financial statements, and have issued our report thereon dated June 8, 2011. These basic financial statements are the responsibility of the City's management. Our responsibility is to express opinions on these basic financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the basic financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall basic financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. Our audit was performed for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements. The accompanying Schedule of Expenditures of Federal Awards is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A-133, Audits ofStates, Local Governments, and Nonprofit Organizations, and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the basic financial statements taken as a whole. June 8, 2011 1- Malloy, Monrague, Karnows%i, Radosevich & Co., P.A. Page 7 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 = Telephone: 952-545-0424 • Telefax: 952-545-0569 • www.mmkr.com CITY OF PLYMOUTH Schedule of Expenditures of Federal Awards Year Ended December 31, 2010 Federal Federal Grantor/Pass-Through Grantor/Program Title CFDA No. Federal Expenditures U.S. Department of Housing and Urban Development Direct program Section 8 Housing Choice Vouchers 14.871 $3,118,470 Supportive Housing for Persons With Disabilities 14.181 118,769 Community Development Block Entitlements Grant cluster consisting of- ARRA fARRACommunityDevelopmentBlockGrant14.253 51,478 Community Development Block Grants/Entitlement Grants 14.218 305,161 Total Community Development Block Entitlements Grant cluster 356,639 U.S. Department of Justice Direct program BulletproofVest Partnership Program 16.607 7,330 Passed through Hennepin County ARRA Edward Byrne Memorial Justice Assistance Grant (JAG) Program/Grants to units of local government 16.804 37,876 U.S. Department of Transportation Passed through the City of Maple Grove State and Community Highway Safety 20.600 6,277 Passed through the City of Minnetonka State and Community Highway Safety 20.600 10,661 Total state and community highway safety 16,938 Passed through the Minnesota State Patrol Minimum Penalties for Repeat Offenders for Driving While Intoxicated 20.608 11,540 Passed through Minnesota Department of Transportation ARRA Highway Planning and Construction 20.205 348,732 U.S. Department of Energy Direct program ARRA Energy Efficiency and Conservation Block Grant 81.128 652,664 U.S. Department of Homeland Security Passed through the Minnesota Commissioner ofPublic Safety, Division of Homeland Security, and Emergency Management Homeland Security Grant Program 97.067 87,490 Total federal awards $4,756,448 Note 1: The Schedule of Expenditures of Federal Awards is prepared on the modified accrual basis of accounting, and the information herein is presented in accordance with the requirements of OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations. Therefore, the amounts presented in this schedule may differ from the amounts presented in, or used in the preparation of, the City's basic financial statements. Note 2: Non -monetary assistance of $3,400 is reported in this schedule, representing the value of laser detection equipment for the U.S. Department of Transportation State and Community Highway Safety Grant (CFDA No. 20.600). Note 3: All pass-through entities listed above use the same CFDA numbers as the federal grantors to identify these grants, and have not assigned any additional identifying numbers. 2- Page 8 LM KR CERTIFIED 1'UBUC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL PRINCIPALS Thomas lal. Montague, CPA Thomas A. Karnowski, Cl'A Paul A. Radosevich, CPA William]. Lauer, CPA James H. Eichrcn, CPA Aaran j. Nielsen. CPA Victoria L. HolinL, CPA OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS City Council and Management City of Plymouth, Minnesota We have audited the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Plymouth (the City) as of and for the year ended December 31, 2010, which collectively comprise the City's basic financial statements, and have issued our report thereon dated June 8, 2011. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered the City's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City's internal control over financial reporting. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement ofthe City's financial statements will not be prevented, or detected and corrected, on a timely basis. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. continued) 3- Malloy, Montague, Karnowski, Radosevich & Co., P.A. page 9 5353 Wayzata Boulevard • Suite 410 - Minneapolis, MN 55416 * Telephone: 952-545-0424 - Telefax: 952-545-0569 • www.mmkr.com Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. We noted certain matters that we reported to management of the City in a separate letter dated June 8, 2011. This report is intended solely for the information and use of the City Council, management of the City, others within the City, federal awarding agencies, and pass-through entities and is not intended to be, and should not be, used by anyone other than these specified parties. June 8, 2011 4- Page 10 KR4CERTIIFEDPUBLIC A C C O U N T A N T S INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE PRINCIPALS Thomas M. Montague, CPA Thomas A, Karnowski, CPA Paul A. Radosevich, CPA William J. Lauer, CPA James H. Eichren, CPA Aaron J. Nieiaen, CPA Victoria L. Holinka, CPA WITH REQUIREMENTS THAT COULD HAVE A DIRECT AND MATERIAL EFFECT ON EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE IN ACCORDANCE WITH OMB CIRCULAR A-133 City Council and Management City of Plymouth, Minnesota Compliance We have audited the compliance of the City of Plymouth (the City) with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that could have a direct and material effect on each of its major federal programs for the year ended December 31, 2010. The City's major federal programs are identified in the Summary of Audit Results section of the accompanying Schedule of Findings and Questioned Costs. Compliance with the requirements of laws, regulations, contracts, and grants applicable to each of its major federal programs is the responsibility of the City's management. Our responsibility is to express an opinion on the City's compliance based on our audit. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit does not provide a legal determination on the City's compliance with those requirements. As described in items 2010-1 and 2010-2 in the accompanying Schedule of Findings and Questioned Costs, the City did not comply with requirements regarding reporting and with requirements regarding the equipment and real property management for the ARRA Energy Efficiency and Conservation Block Grant (CFDA No. 81.128). Compliance with such requirements is necessary, in our opinion, for the City to comply with the requirements applicable to that program. In our opinion, except for the noncompliance described in the preceding paragraph, the City complied, in all material respects, with the requirements referred to above that have a direct and material effect on each of its major federal programs for the year ended December 31, 2010. continued) 5- Malloy, Montague, Karnowski, Radosevich & Co., P.A. page 11 5353 Wayzata Boulevard + Suite 410 - Minneapolis, MN 55416 * Telephone: 952-545-0424 - Telefax: 952-545-0569 www.mmkr.com Internal Control Over Compliance The management of the City is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts, and grants applicable to federal programs. In planning and performing our audit, we considered the City's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness ofthe City's internal control over compliance. Our consideration of internal control over compliance was for the limited purpose described in the preceding paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be significant deficiencies or material weaknesses and, therefore, there can be no assurance that all deficiencies, significant deficiencies, or material weaknesses have been identified. However, as discussed below, we identified certain deficiencies in internal control over compliance that we consider to be material weaknesses and other deficiencies that we consider to be significant deficiencies. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. We consider the deficiency in internal control over compliance described in the accompanying Schedule of Findings and Questioned Costs as item 2010-1 to be a material weakness. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiency in internal control over compliance as described in the accompanying Schedule of Findings and Questioned Costs as item 2010-2 to be a significant deficiency. The City's responses to the findings identified in our audit are described in the Schedule of Findings and Questioned Costs. We did not audit the City's responses and, accordingly, we express no opinion on them. This report is intended solely for the information and use of the City Council, management of the City, others within the City, federal awarding agencies, and pass-through entities and is not intended to be, and should not be, used by anyone other than these specified parties. June 8, 2011 6- Page 12 M KR CER-CI4EID BLIC ACCQUNWANTS INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE WITH MINNESOTA STATE LAWS AND REGULATIONS City Council and Management City of Plymouth, Minnesota PRINCIPALS Thomas M. Niontape, CPA Thomas A, Karnowski, C.`l'A Paul A, Radosevich, CPA William). Lauer, CPA James H. Echren, CPA Aaron .1. Nielsen, CPA Victoria L. Holinka, CPA We have audited the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Plymouth (the City) as of and for the year ended December 31, 2010, which collectively comprise the City's basic financial statements, and have issued our report thereon dated June 8, 2011. We conducted our audit in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the provisions of the Minnesota Legal Compliance Audit Guide for Political Subdivisions, promulgated by the Office of the State Auditor pursuant to Minnesota Statute § 6.65. Accordingly, the audit included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. The Minnesota Legal Compliance Audit Guide for Political Subdivisions covers seven main categories of compliance to be tested: contracting and bidding, deposits and investments, conflicts of interest, public indebtedness, claims and disbursements, miscellaneous provisions, and tax increment financing. Our study included all ofthe applicable categories listed. The results of our tests indicate that, for the items tested, the City complied with the material terms and conditions of applicable legal provisions. This report is intended solely for the information and use of the City Council, management of the City, others within the City, and the state of Minnesota and is not intended to be, and should not be, used by anyone other than these specified parties. June 8, 2011 7- Malloy, Monrague, Karnowski, Radosevich & Co., P.A. page 13 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 Telephone: 952-545-0424 • Telefax: 952-545-0569 www.mmkr.com CITY OF PLYMOUTH Schedule of Findings and Questioned Costs Year Ended December 31, 2010 A. SUMMARY OF AUDIT RESULTS This summary is formatted to provide federal granting agencies and pass-through agencies answers to specific questions regarding the audit of federal awards. Financial Statements What type of auditor's report is issued? X Unqualified U.S. Department of Housing and Urban Development Qualified Community Development Block Entitlements Grant cluster Adverse Material weakness(es) identified? Disclaimer Internal control over financial reporting: Significant deficiencies identified? Material weakness(es) identified? Yes X No Significant deficiencies identified? Yes X No Noncompliance material to the financial statements noted? Yes X None reported Federal Awards CFDA No. U.S. Department of Housing and Urban Development Internal controls over major federal award programs: Community Development Block Entitlements Grant cluster Material weakness(es) identified? X Yes No Significant deficiencies identified? X Yes No Major federal award program compliance: 20.205 U.S. Department of Energy What type of auditor's report is issued? ARRA Energy Efficiency and Conservation Block Grant 81.128 U.S. Department ofHousing and Urban Development 300,000 Does the auditee qualify as a low-risk auditee? Community Development Block Entitlements Grant cluster ARRA Community Development Block Grant 14.253 Unqualified Community Development Block Grants/Entitlement Grants 14.218 Unqualified U.S. Department ofTransportation ARRA Highway Planning and Construction 20.205 Unqualified U.S. Department ofEnergy ARRA Energy Efficiency and Conservation Block Grant 81.128 Qualified Any audit findings disclosed that are required to be reported in accordance with Section 510(a) of OMB Circular A-133? X Yes No Programs tested as major programs: Program or Cluster CFDA No. U.S. Department of Housing and Urban Development Community Development Block Entitlements Grant cluster ARRA Community Development Block Grant 14.253 Community Development Block Grants/Entitlement Grants 14.218 U.S. Department of Transportation ARRA Highway Planning and Construction 20.205 U.S. Department of Energy ARRA Energy Efficiency and Conservation Block Grant 81.128 Threshold for distinguishing between type A and B programs: 300,000 Does the auditee qualify as a low-risk auditee? X Yes No 8- Page 14 CITY OF PLYMOUTH Schedule of Findings and Questioned Costs (continued) Year Ended December 31, 2010 B. FINDINGS — INTERNAL CONTROL OVER FINANCIAL REPORTING None. C. FINDINGS AND QUESTIONED COSTS — MAJOR FEDERAL AWARD PROGRAMS AUDIT MATERIAL WEAKNESS IN INTERNAL CONTROL OVER COMPLIANCE AND REPORTABLE INSTANCES OF NONCOMPLIANCE - ARRA ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT CFDA No. 81.128) 2010-1 Internal Control Over Reporting Criteria — Management is responsible for establishing and maintaining effective internal controls over compliance with requirements applicable to federal programs, including separately tracking federal expenditures within the finance system and accurately preparing the Schedule of Expenditures of Federal Awards. Condition — During the Single Audit procedures for the year ended December 31, 2010, we noted that the City of Plymouth (the City) did not have sufficient controls in place to ensure compliance with this requirement. There was one grant that had expenditures which were not properly reported on the Schedule of Expenditures ofFederal Awards. Questioned Costs — Not applicable. Context — This is a current year finding. Cause — The City recorded a year-end closing journal entry after reconciling and drafting the Schedule of Expenditures of Federal Awards. Effect — Noncompliance with the reporting requirements could be viewed as a violation of the award agreement. Recommendation — We recommend that the City review its internal controls over reporting and verify completeness of expenditures reported on the Schedule of Expenditures of Federal Awards. Management's Response — There is no disagreement with the audit finding. The City will review its internal process and make any necessary changes to prevent future occurrences. 11 Page 15 CITY OF PLYMOUTH Schedule of Findings and Questioned Costs (continued) Year Ended December 31, 2010 C. FINDINGS AND QUESTIONED COSTS — MAJOR FEDERAL AWARD PROGRAMS AUDIT (CONTINUED) SIGNIFICANT DEFICIENCIES IN INTERNAL CONTROL OVER COMPLIANCE AND REPORTABLE INSTANCES OF NONCOMPLIANCE - ARRA ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (CFDA N0.81.128) 2010-2 Equipment and Real Property Management Compliance Requirements Criteria — Management is responsible for establishing and maintaining effective internal controls over compliance with requirements applicable to federal programs, including the maintenance of equipment and real property records. Condition — During our audit procedures for the year ended December 31, 2010, we noted the City did not have sufficient internal controls in place to ensure compliance with this requirement for the program listed above. The City did not uniquely identify or track equipment and real property acquired through federal funding. Questioned Costs — Not applicable. Context — This is a current year finding. Cause — Funding received from a federal grant program new to the City was used to purchase property, which resulted in a compliance requirement that had not been applicable to the City in the past. Effect — Noncompliance with the equipment and real property requirements could be viewed as a violation ofthe award agreement. Recommendation — We recommend that the City review its controls over equipment and real property management and uniquely identify assets acquired through federal funding and the percentage of federal participation within their property records. Management's Response — There is no disagreement with the audit finding. The City will review its internal process and make any necessary changes to prevent future occurrences. D. FINDINGS — MINNESOTA LEGAL COMPLIANCE AUDIT None. E. SUMMARY SCHEDULE OF PRIOR AUDIT FINDINGS — MAJOR FEDERAL AWARD PROGRAMS AUDIT No audit findings at December 31, 2009. 10- Page 16 Management Report for City of Plymouth, Minnesota December 31, 2010 Page 17 PRINCIPALS Thomas M. Montague, CPA Thomas A, Karnowski, CPAMMKRPaulA. Radosevich, CPA William J. Lauer, CPA C E R T I F I l B L f C. Jamas H. Eichrcn, CPA A C C O U N I A N I' S Aaron J. Nielsen CI°A Victoria L. Holinka. CPA To the City Council City of Plymouth, Minnesota We have prepared this management report in conjunction with our audit of the City of Plymouth's (the City) financial statements for the year ended December 31, 2010. The purpose of this report is to communicate information relevant to city finances in Minnesota and to provide comments resulting from our audit process. We have organized this report into the following sections: Audit Summary Funding Cities in Minnesota Governmental Funds Overview Financial Trends and Analysis Accounting and Auditing Updates We would be pleased to further discuss any of the information contained in this report or any other concerns that you would like us to address. We would also like to express our thanks for the courtesy and assistance extended to us during the course of our audit. This report is intended solely for the information and use of those charged with governance of the City, management, and those who have responsibility for oversight of the financial reporting process and is not intended to be, and should not be, used by anyone other than these specified parties. June 8, 2011 Malloy, Monrague, Karnowski, Radosevich & Co., RA, pp Qj 5353 Wayzata Boulevard • Suite 410 • Minneapolis, MN 55416 • Telephone; 952-545-0424 - Telefax: 952-545- 0563p ? 1NJn`1'mkr.com AUDIT SUMMARY The following is a summary of our audit work, key conclusions, and other information that we consider important or that is required to be communicated to the City Council, administration, or those charged with governance of the City. OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA, GOVERNMENT A UDITING STANDARDS, AND THE U.S. OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR A-133 We have audited the financial statements of the governmental activities, the business -type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City as of and for the year ended December 31, 2010. Professional standards require that we provide you with information about our responsibilities under auditing standards generally accepted in the United States of America, Government Auditing Standards, and OMB Circular A-133, as well as certain information related to the planned scope and timing of our audit. We have communicated such information to you verbally and in our audit engagement letter. Professional standards also require that we communicate to you the following information related to our audit. PLANNED SCOPE AND TIMING OF THE AUDIT We performed the audit according to the planned scope and timing previously discussed and coordinated in order to obtain sufficient audit evidence and complete an effective audit. AUDIT OPINION AND FINDINGS Based on our audit of the City's financial statements for the year ended December 31, 2010: We have issued an unqualified opinion on the City's financial statements. We noted no matters involving the City's internal control over financial reporting that we consider to be material weaknesses. The results of our testing disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. We noted that the Schedule of Expenditures of Federal Awards is fairly stated, in all material respects, in relation to the basic financial statements. We have reported two findings based on our testing of the City's compliance with federal laws and regulations. These findings include: o The City did not have sufficient controls in place to ensure compliance with the reporting requirements for the ARRA Energy Efficiency and Conservation Block Grant. The City had expenditures for this grant, which were initially not properly reported on the Schedule ofExpenditures of Federal Awards. o The City did not have sufficient internal controls in place to ensure compliance with equipment and real property management compliance requirements for the ARRA Energy Efficiency and Conservation Block Grant. The City did not uniquely identify or track equipment and real property acquired through federal funding. We noted no matters based on our testing of the City's compliance with Minnesota laws and regulations. 1- Page 19 SIGNIFICANT ACCOUNTING POLICIES Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the City are described in Note 1 of the notes to basic financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the year. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. CORRECTED AND UNCORRECTED MISSTATEMENTS Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Where applicable, management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management, when applicable, were material, either individually or in the aggregate, to each opinion unit's financial statements taken as a whole. ACCOUNTING ESTIMATES AND MANAGEMENT JUDGMENTS Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements of the City include the following: Depreciation — Management's estimates of depreciation expense are based on the estimated useful lives of the assets. Net Other Post -Employment Benefit (OPEB) Liabilities — Actuarial estimates of the net OPEB obligation is based on eligible participants, estimated future health insurance premiums, and estimated retirement dates. Compensated Absences — Management's estimate is based on current rates of pay and sick leave balances. Self -Insurance Reserves — Management's estimates of self-insurance reserves are based on the estimated liability for incurred but not reported claims. Management expects any differences between estimates and actual amounts of these estimates to be insignificant. We evaluated the key factors and assumptions used by management in the areas discussed above in determining that they are reasonable in relation to the financial statements taken as a whole. DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT We encountered no significant difficulties in dealing with management in performing and completing our audit. 2- Page 20 DISAGREEMENTS WITH MANAGEMENT For purposes of this report, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. MANAGEMENT REPRESENTATIONS We have requested certain representations from management that are included in the management representation letter dated June 8, 2011. MANAGEMENT CONSULTATIONS WITH OTHER INDEPENDENT ACCOUNTANTS In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. OTHER AUDIT FINDINGS OR ISSUES We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. 3- Page 21 FUNDING CITIES IN MINNESOTA LEGISLATION The following is a summary of significant legislative activity passed in calendar year 2010 affecting the finances of Minnesota cities: Local Government Aid and Market Value Homestead Credit — The 2009 legislative session ended without an agreement on how to address significant projected state budget deficits for the 2009 and 2010 fiscal years. The Governor vetoed the budget bill proposed by the Legislature and balanced the budget using his power of unallotment. The Governor's unallotment plan included delays in the payment of state revenues to school districts, and a reduction in appropriations to other state programs, including local government aid (LGA) and market value homestead credit (MVHC) to Minnesota cities. The unallotments included reductions of approximately $128 million to calendar year 2010 LGA and MVHC, calculated at 7.64 percent of the total calendar year 2009 aggregated levy and LGA of the city, not to exceed $55 per capita. Cuts were to be first taken from LGA and then from MVHC, as necessary. Cities with populations below 1,000 and below the state-wide average tax base per capita were exempted from these cuts. The February 2010 state budget forecast predicted an additional shortfall of $994 million for the remainder of the 2010-2011 biennium. The 2010 Legislature passed a supplemental budget bill in April that addressed roughly $312 million of the additional shortfall. The bill reduced fiscal 2010 LGA and MVHC for cities by an additional $52.5 million, calculated at 3.43 percent of the total 2010 aggregated levy, LGA, and taconite aid of the city, not to exceed $28 per capita. These cuts were to be first taken from MVHC and then from LGA, as necessary. Cities with populations below 1,000 exempted from previous LGA and MVHC cuts were included in this round of cuts. The April 2010 supplemental budget bill also reduces city LGA and MVHC for fiscal 2011 by 56.5 million. About $25.4 million of this reduction is a permanent extension of the MVHC portion of the cuts originally made through the Governor's unallotments. The Legislature also made a permanent reduction of $31.1 million to the state's annual LGA appropriation for cities, beginning in 2011. In May 2010, the Minnesota Supreme Court issued a ruling on a lawsuit overturning the Governor's unallotment of funding to a state special nutrition program. The decision, which applied only to the cuts to this specific program, called into question all of the Governor's July 2009 unallotments. In a one -day special session in May, the 2010 Legislature took action to ratify the majority of the Governor's 2010 unallotments, and dealt with the remaining projected shortfall. Levy Limitations — A 2008 law limited general operating property tax levy increases for cities with populations over 2,500 to an inflationary increase based on the state determined implicit price deflator IPD) to a maximum of 3.9 percent annually for the next three calendar years. Modifications were made in subsequent legislative sessions to allow cities subject to levy limitation to declare "special levies" to replace the LGA and MVHC losses described above. The 2010 Legislature also established a floor of zero percent for the inflationary increase, so levies would not be reduced in the event of IPD deflation. The Governor's proposal to extend levy limits was not adopted by the 2010 Legislature, and levy limits remain set to expire after the 2011 tax year. However, the extension of levy limits is expected to be revisited by the 2011 Legislature. 4- Page 22 State Stimulus/Jobs Bill — This jobs creation bill included a number of provisions that applied to cities, including: Authority for local governments to finance energy conservation improvements and collect repayments as special assessments at the request ofthe property owner. Creation of a new "compact development" type of tax increment financing (TIF) district. Expanded authority to use TIF for general economic development for one year. Expanded authority to use excess TIF to finance new private development. Expanded authority for certain cities to use TIF for housing replacement in response to the foreclosure crisis. Interest Rates on Awards and Judgments — The 2010 Legislature exempted government entities from a 2009 law change that increased the required interest rate on awards and judgments over 50,000 to 10 percent, returning the rate to the pre -2009 maximum of the greater of 4 percent or the secondary market rate of one year U.S. Treasury bills as determined in December each year. Pension Funding and Sustainability — The 2010 Legislature made a number of changes to improve the sustainability of state-wide pension plans, including those administered by the Public Employees Retirement Association (PERA). Among the changes to the Public Employee Retirement Fund Coordinated Plan were required increases to the employer and employee contribution rates of 0.25 percent of salary each, effective January 1, 2011. Public Employee's Police and Fire Fund employee and employer contribution rates also increased 0.2 percent and 0.3 percent of salary, respectively, effective January 1, 2011. STATE OUTLOOK AND IMPORTANCE OF INTERNAL CONTROLS The state of Minnesota has experienced a series of major budget shortfalls and a steadily deteriorating financial condition in recent years. Local governments and other entities dependent on the state for funding have, in turn, had to deal with the resulting state aid cuts, holdbacks, and unallotments. For the fiscal year 2010-2011 biennium, the state budget was balanced using several large accounting "shifts" and one-time federal stabilization funds that greatly reduced the amount of actual aid reductions necessary. The accounting shifts included delaying state aid payments to and accelerating property tax revenue recognition of Minnesota school districts, essentially utilizing cash "borrowed" from the districts to help balance the state budget. The state intends to pay these shifts back when it has the financial ability. Current state budget projections for 2011-2012 predict further significant shortfalls that will need to be addressed. Realistically, the state has already used up most of the accounting shifts available for this purpose, and additional federal assistance cannot be counted on. The economy, while showing some signs of recovery, is unlikely to turn around quickly enough to solve the state's budget issues in the short-term. All of this adds up to a period of continued financial uncertainty and a strong likelihood of further funding cuts for Minnesota municipalities. These circumstances have resulted in a sustained cycle of budget reductions for most Minnesota cities. Among our clients, we have seen numerous examples of staffing cuts and reassignments that have potentially weakened internal controls by reducing the segregation of accounting duties or delaying the performance of key control procedures. Unfortunately, the economic downturn has also placed additional financial strain on many individuals, elevating the risk of fraud and theft. Recent communications from the Minnesota Office of the State Auditor have reported a substantial increase in incidents of fraud and theft involving local governments reported to their office recently. A sound system of internal controls is critical to safeguarding city assets and assuring that accurate and timely financial information is available to manage the City. When faced with difficult budgetary decisions, we encourage our clients to remain mindful of these factors and to continue to make sound financial controls a top priority. 5- Page 23 PROPERTY TAXES Minnesota cities rely heavily on local property tax levies to support their governmental fund activities. In recent years this dependence has been heightened, as revenue from state aids and fees related to new development have dwindled due to the struggling economy. This has placed added pressure on local taxpayers already beset by higher unemployment, lower property values, and tighter credit markets. As a result, municipalities in general are experiencing increases in tax delinquencies, abatements, and foreclosures. This instability has led to significant fiscal challenges for many local governments, and increased the investing public's concerns about the security of the municipal debt market. Property values within Minnesota cities experienced an average increase of 1.5 percent for taxes payable in 2009 and an average decrease of 3.0 percent for those payable in 2010, reflecting the weak housing market and economic recession experienced in recent years. In comparison, the City's market value decreased by 0.3 percent in 2009 and by 4.6 percent in 2010. It is important to remember that the 2010 market value is based on estimated values as of January 1, 2009, and the housing market is still experiencing difficult times. The following graph shows the City's changes in taxable market value over the past 10 years: 12,000,000,000 10,000,000,000 8,000,000,000 6,000,000,000 4,000,000,000 2,000,000,000 Taxable Market Value 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 6- Page 24 Tax capacity is considered the actual base available for taxation. It is calculated by applying the state's property classification system to each property's market value. Each property classification, such as commercial or residential, has a different calculation and uses different rates. Consequently, a city's total tax capacity will change at a different rate than its total market value, as tax capacity is affected by the proportion of the City's tax base that is in each property classification from year-to-year, as well as legislative changes to tax rates. The City's tax capacity increased 0.7 percent for 2009 and decreased 4.8 percent for 2010. The following graph shows the City's change in tax capacities over the past 10 years: 140,000,000 120,000,000 100,000,000 80,000,000 60,000,000 40,000,000 20,000,000 Local Tax Capacity 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 The following table presents the average tax rates applied to city residents for each of the last two levy years, along with comparative state-wide and metro area rates. The general increase in rates reflects both the increased reliance of local governments on property taxes and the recent decline in tax capacities previously discussed. Rates expressed as a percentage ofnet tax capacity All Cities Seven -County City of State -Wide Metro Area Plymouth 2009 2010 2009 2010 2009 2010 Average tax rate City 36.9 39.2 33.7 36.0 24.4 25.5 County 39.3 41.0 34.7 36.8 40.4 42.6 School 22.0 23.0 22.1 24.0 21.9 24.3 Special taxing 5.5 5.9 5.9 6.5 8.2 9.3 Total 103.7 109.1 96.4 103.3 94.9 101.7 As the table displays, the City's average tax rate is significantly lower than state-wide averages. The City's lower than average tax rate has resulted in a total tax rate that is below both averages presented in the table above. 7- Page 25 GOVERNMENTAL FUNDS OVERVIEW This section of the report provides you with an overview of the financial trends and activities of the City's governmental funds. Governmental funds include the General Fund, special revenue, debt service, capital project, and permanent funds. We have also included the most recent comparative state-wide averages available from the Office of the State Auditor. The reader needs to consider the effect of inflation and other known changes or differences when comparing this data. Also, certain data on these tables may be classified differently than how they appear on the City's financial statements in order to be more comparable to the state-wide information, particularly in separating capital expenditures from current expenditures. We have designed this section of our management report using per capita data in order to better identify unique or unusual trends and activities of your city. We intend for this type of comparative and trend information to complement, rather than duplicate, information in the Management's Discussion and Analysis. An inherent difficulty in presenting per capita information is the accuracy of the population count, which for most years is based on estimates. GOVERNMENTAL FUNDS REVENUE The amounts received from the typical major sources of revenue will naturally vary between cities based on their particular situation. This would include the City's stage of development, location, size and density of its population, property values, services it provides, and other attributes. The following table presents the City's revenue per capita of its governmental funds for the past three years, together with state-wide averages: The City's governmental funds have typically generated less revenue per capita in total than other Minnesota cities in its population class. A city's stage of development, along with the way a city finances various capital projects, will impact the mix of revenue sources. The City has been able to maintain an average tax rate that is below the state-wide and metro area averages, but collect a per capita tax revenue amount that is similar to the average as a result of the City's strong valuation base. In total, the City's governmental fund revenues for 2010 were $46,158,672, an increase of $1,922,138 4.3 percent) from the prior year. On a per capita basis, governmental fund revenue for 2010 increased by 44, or 7.2 percent, from the prior year. Although the total property tax revenue decreased from 2009 to 2010, the decrease in estimated city population (from the U.S. Census) contributed to this increase on a per capita basis as established with the adoption of the budget and levy approved by the City Council. ME Page 26 Governmental Funds Revenue per Capita With State -Wide Averages by Population Class State -Wide City of Plymouth Year December 31, 2009 2008 2009 2010 Population 2,500-10,000 10,000-20,000 20,000-100,000 71,536 72,268 70,576 Property taxes 367 365 $ 391 $ 369 384 $ 391 Tax increments 46 62 59 15 18 15 Franchise and other taxes 23 34 36 Special assessments 86 47 62 2 2 1 Licenses and permits 21 19 27 54 31 35 Intergovernmental revenues 284 273 168 113 106 119 Charges for services 82 80 77 45 47 58 Other 81 76 61 56 23 36 Total revenue 990 956 $ 881 $ 654 611 $ 655 The City's governmental funds have typically generated less revenue per capita in total than other Minnesota cities in its population class. A city's stage of development, along with the way a city finances various capital projects, will impact the mix of revenue sources. The City has been able to maintain an average tax rate that is below the state-wide and metro area averages, but collect a per capita tax revenue amount that is similar to the average as a result of the City's strong valuation base. In total, the City's governmental fund revenues for 2010 were $46,158,672, an increase of $1,922,138 4.3 percent) from the prior year. On a per capita basis, governmental fund revenue for 2010 increased by 44, or 7.2 percent, from the prior year. Although the total property tax revenue decreased from 2009 to 2010, the decrease in estimated city population (from the U.S. Census) contributed to this increase on a per capita basis as established with the adoption of the budget and levy approved by the City Council. ME Page 26 GOVERNMENTAL FUNDS EXPENDITURES Similar to our discussion of revenues, the expenditures of governmental funds will vary from state-wide averages and from year-to-year, based on the City's circumstances. Expenditures are classified into three types as follows: Current — These are typically the general operating type expenditures occurring on an annual basis, and are primarily funded by general sources such as taxes and intergovernmental revenues. Capital Outlay and Construction — These expenditures do not occur on a consistent basis, more typically fluctuating significantly from year-to-year. Many of these expenditures are project -oriented, which are often funded by specific sources that have benefited from the expenditure, such as special assessment improvement projects. Debt Service — Although the expenditures for the debt service may be relatively consistent over the term of the respective debt, the funding source is the important factor. Some debt may be repaid through specific sources such as special assessments or redevelopment funding, while other debt may be repaid with general property taxes. The City's expenditures per capita of its governmental funds for the past three years, together with state-wide averages, are presented in the following table: The City's governmental funds current per capita expenditures are lower than state-wide averages for cities in the same population class. The City's per capita expenditures for capital and debt service are also much lower than state-wide averages. The City's current expenditures increased $35 per capita, or 7.8 percent, while debt service expenditures remained consistent to the prior year as scheduled with approved debt financing plans. The increase in capital outlay is natural due to the timing of various improvement projects ongoing in a given year. 9- Page 27 Governmental Funds Expenditures per Capita With State -Wide Averages by Population Class State -Wide City of Plymouth Year December 31, 2009 2008 2009 2010 Population 2,500-10,000 10,000-20,000 20,000-100,000 71,536 72,268 70,576 Current General government 120 107 $ 79 $ 61 57 62 Public safety 217 233 241 185 187 196 Street maintenance and lighting 112 106 82 60 57 72 Parks and recreation 61 81 86 87 87 94 All other 81 81 96 63 62 61 591 608 $ 584 $ 456 450 485 Capital outlay and construction 336 325 $ 267 $ 157 106 169 Debt service Principal 196 135 $ 126 $ 22 23 27 Interest and fiscal 73 51 39 11 11 10 269 186 $ 165 $ 33 34 37 The City's governmental funds current per capita expenditures are lower than state-wide averages for cities in the same population class. The City's per capita expenditures for capital and debt service are also much lower than state-wide averages. The City's current expenditures increased $35 per capita, or 7.8 percent, while debt service expenditures remained consistent to the prior year as scheduled with approved debt financing plans. The increase in capital outlay is natural due to the timing of various improvement projects ongoing in a given year. 9- Page 27 FINANCIAL TRENDS AND ANALYSIS GENERAL FUND The City's General Fund accounts for the financial activity of the basic services provided to the community. The primary services included within this fund are the administration of the municipal operation, police and fire protection, building inspection, streets and highway maintenance, and parks and recreation. The following graph displays the City's General Fund trends of financial position and changes in the volume of financial activity. Fund balance and cash balance are typically used as indicators of financial health or equity, while annual expenditures are often used to measure the size of the operation: General Fund Financial Position Year Ended December 31, 30,000,000 27,500,000 25,000,000 22,500,000 20,000,000 17,500,000 15,000,000 12,500,000 10,000,000 7,500,000 5,000,000 2,500,000 141iiiiII11111A 1111A. 2003 2004 2005 2006 2007 2008 2009 2010 Fund Balance D Cash Balance Expenditures The City's General Fund ended the year with a cash balance of $13,318,107 and a fund balance of 11,836,446 at December 31, 2010. The City Council has reserved or designated the entire fund balance as of year-end. The City has again met the fund balance goal in 2010 to maintain a fund balance level within the General Fund approximating 40 percent of General Fund expenditures. As the graph illustrates, the City, in accordance with its fund balance policies, has been able to increase or maintain its cash and fund balance levels as the volume of financial activity has grown, despite significant legislative cuts to state aid. This is an important factor because a government, like any organization, requires a certain amount of equity to operate. The amount of required equity increases as the size of the operation increases. Increases in the size of the operation are natural, caused by such things as inflation, population growth, desired increases in services, and—something which has impacted cities significantly in recent years—mandated increases in services and administrative requirements. Generally, a healthy financial position allows the City to avoid volatility in tax rates; helps minimize the impact of state funding changes; allows for the adequate and consistent funding of services, repairs, and unexpected costs; and can be a factor in determining the City's bond rating and resulting interest costs. 10- Page 28 The following graph reflects the City's General Fund revenues, budget and actual, for 2010: General Fund Revenue Taxes Licenses/Permits Intergovernmental Charges for Services Other 00 00 00 00 00 00 00 00 00 00 00 00 O O O OZ O O O O O O O 00' 00" 00' 00' 00' 00' 00^ 00^ 00 00' 00' 0 v 0' O 00 O O O Z, (O O 14, ti 1 1 4ti 4ti Budget Actual Total General Fund revenues for 2010 were $29,239,658, an increase of $1,128,435 (4.0 percent) from the previous year, and $335,154 (1.2 percent) over budget. Revenues increased in several areas with the largest increase occurring in charges for services, increasing by $788,071. Taxes increased by $134,270 as approved with the adopted General Fund levy, while intergovernmental revenue increased by $258,954, primarily due to increased MSA maintenance funding sources recognized. The positive variance compared to budget experienced in the current year was primarily in charges for services, which surpassed budget expectations by $354,311. As presented in the graph above, all sources exceeded anticipated levels with the exception of the other category, which includes fines and forfeitures and interest income. Both ofthese sources were below amounts anticipated in the budget and down from the prior year. The following graph illustrates the trends of the General Fund's major revenue sources over the past eight years: 22,500,000 20,000,000 17,500,000 15,000,000 12,500,000 10,000,000 7,500,000 5,000,000 2,500,000 General Fund Revenue by Source Year Ended December 31, Taxes Licenses and Intergovernmental Charges for All Other Permits Services 2003 2004 2005 2006 2007 2008 2009 2010 As depicted by the graph, the City has increased its reliance on taxes in order to provide its general government services. Taxes accounted for 76 percent of the City's General Fund revenues in 2010 compared to 74 percent in 2003. 11- Page 29 The following illustration provides the components of the City's General Fund spending for 2010: General Fund Expenditures General Government Public Safety Public Works Parks and Recreation Budget Actual Total General Fund expenditures for 2010 were $28,043,957, an increase of $1,694,908 from the prior year. General Fund expenditures were $569,044 (2.0 percent) lower than budget in 2010. As mentioned in the Management's Discussion and Analysis within the City's financial statements, the City anticipated expenditures to increase by 5.0 percent. Shared restraint spread across several departments contributed to this favorable variance. The positive variances in revenues and expenditures allowed the City to make unplanned transfers to the Infrastructure Replacement Fund ($418,306), the Park Replacement Fund ($418,306), and the Public Facilities Fund ($140,000), while maintaining the 40 percent minimum fund balance policy. The following graph illustrates trends in the General Fund's major expenditures by function over the past eight years: 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 General Fund Expenditures by Function Year Ended December 31, General Public Safety Public Works Parks and All Other Government Recreation 2003 2004 2005 2006 2007 2008 2009 M2010 12- Page 30 P, Op,z OpO On O, D,ROOO RO, q§11O lO DO, O cz OD y Budget Actual Total General Fund expenditures for 2010 were $28,043,957, an increase of $1,694,908 from the prior year. General Fund expenditures were $569,044 (2.0 percent) lower than budget in 2010. As mentioned in the Management's Discussion and Analysis within the City's financial statements, the City anticipated expenditures to increase by 5.0 percent. Shared restraint spread across several departments contributed to this favorable variance. The positive variances in revenues and expenditures allowed the City to make unplanned transfers to the Infrastructure Replacement Fund ($418,306), the Park Replacement Fund ($418,306), and the Public Facilities Fund ($140,000), while maintaining the 40 percent minimum fund balance policy. The following graph illustrates trends in the General Fund's major expenditures by function over the past eight years: 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 General Fund Expenditures by Function Year Ended December 31, General Public Safety Public Works Parks and All Other Government Recreation 2003 2004 2005 2006 2007 2008 2009 M2010 12- Page 30 UTILITY FUNDs The utility funds comprise a considerable portion of the City's activities. These funds help to defray overhead and administrative costs and provide additional support to general government operations by way of annual transfers. We understand the City is proactive in reviewing these activities on an ongoing basis and we want to reiterate the importance of continually monitoring these operations. Over the years we have emphasized to our city clients the importance of these utility operations being self-sustaining, preventing additional burdens on general government funds. This would include the accumulation of net assets for future capital improvements and to provide a cushion in the event of a negative trend in operations. Water Sewer Utility Fund The following table presents selected data for the City's Water Sewer Utility Fund for the last four years: The Water Sewer Utility Fund ended 2010 with net assets of $104,412,579, a decrease of $2,029,453 from the prior year. Of this, $76,095,778 represents the investment in capital assets, net of related debt; and $17,849,898 is restricted, leaving $10,466,903 of unrestricted net assets. Increased transfers to fund construction projects in governmental activities contributed to the overall decrease in net assets in the current year. As seen in the above table, this fund has experienced losses from operations in each of the past four years. It is important to note that a portion of the operating expenses in this fund is depreciation on assets paid for and contributed to the City by developers. In general, the City's utility rates have not been designed to fully recover depreciation costs on such assets. Utility rates are normally designed to cover current operating expenses and to provide for future repairs and replacement of these assets. In 2010, the City increased rates for water and sewer services in an effort to offset increased operating costs. These operating losses, however, have generally been more than offset by amounts in other revenues and contributions over the same time period. Other revenues and contributions include a number of revenue sources that are normally one-time or inconsistent from year-to-year. It includes such things as interest income, grants, contributions from developers and residents, special assessments, and income from sales of assets. 13- Page 31 2007 2008 2009 2010 Amount Percent Amount Percent Amount Percent Amount Percent Operating revenue 11,830,544 100 % 12,276,188 100 % 13,089,443 100 % 12,950,063 100 % Operating expenses 10,792,757 91 10,681,531 87 11,136,477 85 10,523,094 81 Depreciation 3,249,092 27 3,375,349 27 3,333,342 25 3,403,257 26 Operating income (loss) 2,211,305) 19) 1,780,692) 15) 1,380,376) 11) 976,288) 8) Other revenues and contributions 7,281,520 62 4,883,121 40 2,279,824 17 1,836,601 14 Other expenses 427,419 4 375,175 3 352,412 3 327,125 3 Income before transfers 4,642,796 39 2,727,254 22 547,036 4 533,188 4 Transfers in 47,188 6,562 28,953 72,354 Transfers (out) 4,413,380) 37) 3,729,733) 30) 716,741) 5) 2,634,995) 20) Increase (decrease) in net assets 276,604 2 % _L_a95,9171 8) % $ (140,752) 1) % $ (2,029,453) 16) The Water Sewer Utility Fund ended 2010 with net assets of $104,412,579, a decrease of $2,029,453 from the prior year. Of this, $76,095,778 represents the investment in capital assets, net of related debt; and $17,849,898 is restricted, leaving $10,466,903 of unrestricted net assets. Increased transfers to fund construction projects in governmental activities contributed to the overall decrease in net assets in the current year. As seen in the above table, this fund has experienced losses from operations in each of the past four years. It is important to note that a portion of the operating expenses in this fund is depreciation on assets paid for and contributed to the City by developers. In general, the City's utility rates have not been designed to fully recover depreciation costs on such assets. Utility rates are normally designed to cover current operating expenses and to provide for future repairs and replacement of these assets. In 2010, the City increased rates for water and sewer services in an effort to offset increased operating costs. These operating losses, however, have generally been more than offset by amounts in other revenues and contributions over the same time period. Other revenues and contributions include a number of revenue sources that are normally one-time or inconsistent from year-to-year. It includes such things as interest income, grants, contributions from developers and residents, special assessments, and income from sales of assets. 13- Page 31 Solid Waste Fund The following table presents selected data for the City's Solid Waste Fund for the last four years: The Solid Waste Fund ended 2010 with net assets of $2,612,884, a decrease of $161,996 from the prior year. The entire net asset balance in this fund is considered unrestricted. The significant change in operating revenues and resulting operations in 2009 and 2010 was the result of changes in the market for recyclable materials, which significantly impacted the shared revenue received from waste management. The reduction in this source, which provided nearly $700,000 of revenues in 2008, was anticipated in the City's budget process. The City will need to continue to monitor this operation in order to determine the best approach to make up for this fluctuating revenue source. Water Resources Management Fund The following table presents selected data for the City's Water Resources Management Fund for the last four years: Operating revenue Operating expenses Operating income Other revenue Income before transfers Contributions Transfers in Transfers (out) Increase in net assets 2007 2008 2009 2010 Amount Percent Amount Percent Amount Percent Amount Percent 2,190,339 100 % $2,365,671 100 % $2,546,827 100 % $2,591,565 100 % 1,705,800 78 1,876,130 79 2,103,338 83 1,841,561 71 484,539 22 489,541 21 443,489 17 750,004 29 199,741 9 817,585 35 84,776 3 900,907 35 684,280 31 1,307,126 55 528,265 21 1,650,911 64 1,457 - 200,570 8 - - 41,683 2 156,950) (7) (97,956) (4) (127,188) (5) (83,020) (3) 527,330 24 % $1,210,627 51 % $ 601,647 24 % $1,609,574 62 % The Water Resources Management Fund ended 2010 with net assets of $7,901,003, an increase of 1,609,574 from the prior year. Of this, $4,929,670 represents the investment in capital assets, while the remaining balance of $2,971,333 is considered restricted. Several factors contributed to the increase in net assets in the current year, as presented in the table above, operating income increased with decreases in materials and supplies and contractual services compared to the prior year. The change in income before transfers compared to the prior year was due to an increase in intergovernmental revenue received in 2010, reported in the "other revenue" category. 14- Page 32 2007 2008 2009 2010 Amount Percent Amount Percent Amount Percent Amount Percent Operating revenue 1,071,804 100 % 1,109,235 100 % 410,956 100 % 710,079 100 % Operating expenses 970,125 91 11027,331 93 943,308 230 1,051,623 148 Operating income (loss) 101,679 9 81,904 7 532,352) 130) 341,544) 48) Intergovernmental revenue 163,852 15 187,207 17 186,825 45 194,038 27 Otherrevenue 143,409 13 106,117 10 32,229 8 8,938 1 Income before transfers 408,940 38 375,228 34 313,298) 76) 138,568) 20) Transfers in 591 1,913 Transfers (out) 39,390) 4) 6,628) 1) 23,320) 6) 23,428) 3) Increase (decrease) in net assets 370,141 34 % 370,513 33 % 336,618)82 161,996) 23 % The Solid Waste Fund ended 2010 with net assets of $2,612,884, a decrease of $161,996 from the prior year. The entire net asset balance in this fund is considered unrestricted. The significant change in operating revenues and resulting operations in 2009 and 2010 was the result of changes in the market for recyclable materials, which significantly impacted the shared revenue received from waste management. The reduction in this source, which provided nearly $700,000 of revenues in 2008, was anticipated in the City's budget process. The City will need to continue to monitor this operation in order to determine the best approach to make up for this fluctuating revenue source. Water Resources Management Fund The following table presents selected data for the City's Water Resources Management Fund for the last four years: Operating revenue Operating expenses Operating income Other revenue Income before transfers Contributions Transfers in Transfers (out) Increase in net assets 2007 2008 2009 2010 Amount Percent Amount Percent Amount Percent Amount Percent 2,190,339 100 % $2,365,671 100 % $2,546,827 100 % $2,591,565 100 % 1,705,800 78 1,876,130 79 2,103,338 83 1,841,561 71 484,539 22 489,541 21 443,489 17 750,004 29 199,741 9 817,585 35 84,776 3 900,907 35 684,280 31 1,307,126 55 528,265 21 1,650,911 64 1,457 - 200,570 8 - - 41,683 2 156,950) (7) (97,956) (4) (127,188) (5) (83,020) (3) 527,330 24 % $1,210,627 51 % $ 601,647 24 % $1,609,574 62 % The Water Resources Management Fund ended 2010 with net assets of $7,901,003, an increase of 1,609,574 from the prior year. Of this, $4,929,670 represents the investment in capital assets, while the remaining balance of $2,971,333 is considered restricted. Several factors contributed to the increase in net assets in the current year, as presented in the table above, operating income increased with decreases in materials and supplies and contractual services compared to the prior year. The change in income before transfers compared to the prior year was due to an increase in intergovernmental revenue received in 2010, reported in the "other revenue" category. 14- Page 32 Ice Center Fund The following table presents selected data for the City's Ice Center Fund for the last four years: The Ice Center Fund ended 2010 with net assets of $10,250,004, a decrease of $259,930 from the prior year. Of this, $10,551,980 represents the investment in capital assets, net of related debt, leaving an unrestricted net asset deficit of $301,976. This unrestricted deficit is due to the application of interfund loans against the unrestricted component of net assets as required in Governmental Accounting Standards Board (GASB) Statement No. 34. It is important to note that a significant portion of the operating expenses in this fund is depreciation on capital assets already funded. The fees charged in this fund are developed to cover operating expenses, repairs, and betterment of the ice center facilities. Field House Fund The following table presents selected data for the City's Field House Fund for the last four years: 2007 2008 2009 2009 2010 Amount Percent Amount Percent Amount Percent Amount Percent Amount Percent Operating revenue 1,260,927 100 % 1,371,994 100 % 1,405,726 100 % 1,400,703 100 % Operating expenses 1,140,338 90 1,200,933 88 1,072,577 76 1,108,263 79 Depreciation 473,276 38 470,251 34 470,440 33 470,006 34 Operating income (loss) 352,687) 28) 299,190) 22) 137,291) 10) 177,566) 13) Other revenue (expense) 32,459) 3) 44,447) 3) 45,141) 3) 60,925) 4) Income (loss) before 88,770 25 80,609 22 118,983 32 Transfers (out) 7,537) contributions and transfers 385,146) 31) 343,637) 25) 182,432) 13) 238,491) 17) Transfers in 1,022 17,495 1 Transfers (out) 27,675) 2) 9,223) 1) 21,439) 2) 21,439) 2) Increase (decrease) in net assets L(± 33 % 351,838) 26 % 186,376) 13 % 259,930) 19 The Ice Center Fund ended 2010 with net assets of $10,250,004, a decrease of $259,930 from the prior year. Of this, $10,551,980 represents the investment in capital assets, net of related debt, leaving an unrestricted net asset deficit of $301,976. This unrestricted deficit is due to the application of interfund loans against the unrestricted component of net assets as required in Governmental Accounting Standards Board (GASB) Statement No. 34. It is important to note that a significant portion of the operating expenses in this fund is depreciation on capital assets already funded. The fees charged in this fund are developed to cover operating expenses, repairs, and betterment of the ice center facilities. Field House Fund The following table presents selected data for the City's Field House Fund for the last four years: The Field House Fund ended 2010 with net assets of $1,669,625, an increase of $113,259 from the prior year. Of this, $593,818 represents the investment in capital assets, leaving $1,075,807 of unrestricted net assets. As presented in the table above, the Field House Fund experienced an improvement in operations in the current year and positive operating income for the third consecutive year. The fees charged in this fund are developed to cover operating expenses, repairs, and betterment of field house facilities. 15- Page 3 3 2007 2008 2009 2010 Amount Percent Amount Percent Amount Percent Amount Percent Operating revenue 300,572 100 % 358,399 100 % 364,353 100 % 368,795 100 % Operating expenses 200,020 67 190,606 53 194,503 53 196,289 53 Depreciation 105,370 35 105,532 29 98,028 27 57,354 16 Operating income (loss) 4,818) 2) 62,261 17 71,822 20 115,152 31 Other revenue 29,080 10 26,509 7 8,787 2 3,831 1 Income (loss) before transfers 24,262 8 88,770 25 80,609 22 118,983 32 Transfers (out) 7,537) 2) 2,222) 2) 5,724) 2) 5,724) 2) Increase (decrease) in net assets 16,725 6 % 86,548 23 % 74,885 21 % 113,259 31 % The Field House Fund ended 2010 with net assets of $1,669,625, an increase of $113,259 from the prior year. Of this, $593,818 represents the investment in capital assets, leaving $1,075,807 of unrestricted net assets. As presented in the table above, the Field House Fund experienced an improvement in operations in the current year and positive operating income for the third consecutive year. The fees charged in this fund are developed to cover operating expenses, repairs, and betterment of field house facilities. 15- Page 3 3 GOVERNMENT -WIDE FINANCIAL STATEMENTS The City's financial statements include fund -based information that focuses on budgetary compliance, and the sufficiency of the City's current assets to finance its current liabilities. The GASB Statement No. 34 reporting model also requires the inclusion of two government -wide financial statements designed to present a clear picture of the City as a single, unified entity. These government -wide statements provide information on the total cost of delivering services, including capital assets and long-term liabilities. Statement of Net Assets The Statement of Net Assets essentially tells you what your city owns and owes at a given point in time, the last day of the fiscal year. Theoretically, net assets represent the resources the City has leftover to use for providing services after its debts are settled. However, those resources are not always in spendable form, or there may be restrictions on how some of those resources can be used. Therefore, the Statement of Net Assets divides the net assets into three components: net assets invested in capital assets, net of related debt; restricted net assets; and unrestricted net assets. The following table presents components of the City's net assets as of December 31, 2010 and 2009 for governmental activities, business -type activities, and the Housing and Redevelopment Authority (HRA) component unit: Net assets Governmental activities Invested in capital assets, net ofrelated debt Restricted Unrestricted Total governmental activities Business -type activities Invested in capital assets, net ofrelated debt Restricted Unrestricted Total business -type activities Housing and Redevelopment Authority Invested in capital assets, net ofrelated debt Restricted Unrestricted Total Housing and Redevelopment Authority Total net assets As ofDecember 31, 2010 2009 155,551,228 5,743,606 79,792,136 241,086,970 92,171,246 20,833,400 13,540,924 126,545,570 531,626) 624,029 4,564,165 4,656,568 372,289,108 154,182,769 5,614,893 76,294,807 236,092,469 92,629,875 18,876,261 15,756,094 127,262,230 477,696) 709,452 4,295,303 4,527,059 367,881,758 Increase Decrease) 1,368,459 128,713 3,497,329 4,994,501 458,629) 1,957,139 2,215,170) 716,660) 53,930) 85,423) 268,862 129,509 4,407,350 The City (including the HRA) ended 2010 with combined total net assets of $372,289,108, an increase of 4,407,350 from the prior year. The portion of net assets invested in capital assets increased by $855,900. Restricted net assets increased by $2,000,429, while unrestricted net assets increased by $1,551,021. 16- Page 34 Statement of Activities The Statement of Activities tracks the City's yearly revenues and expenses, as well as any other transactions that increase or reduce total net assets. These amounts represent the full cost of providing services. The Statement of Activities provides a more comprehensive measure than just the amount of cash that changed hands, as reflected in the fund -based financial statements. This statement includes the cost of supplies used, depreciation of long-lived capital assets, and other accrual based expenses. The following table presents the change in net assets of the City and the HRA for the years ended December 31, 2010 and 2009: General revenues Property taxes Unrestricted investment earnings Gain on sale of capital assets Other Total general revenues Change in net assets 29,106,018 29,587,493 754,117 1,362,070 81,337 102,415 410,658 295,629 30,352,130 31,347,607 4,407,350 $ 1,524,063 One of the goals of this statement is to provide a side-by-side comparison to illustrate the difference in the way the City's governmental and business -type operations are financed. The City's governmental operations tend to rely more heavily on general revenues, such as property taxes. In contrast, the City's business -type activities tend to rely more heavily on program revenues (service charges and program specific grants) to cover expenses. This is critical given the current external downward pressures on general revenue sources such as taxes and state aids. 17- Page 3 5 2010 2009 Program Expenses Revenues Net Change Net Change Net (expense) revenue Governmental activities General government 4,732,590 573,785 4,158,805) 4,464,843) Economic development 226,507 18,011 208,496) Parks and recreation 7,976,826 2,585,728 5,391,098) 6,092,240) Public safety 14,296,327 4,595,660 9,700,667) 9,830,381) Public service 5,102,183 4,014,268 1,087,915) 378,101 Public works 10,614,534 5,478,596 5,135,938) 7,217,991) Interest on long-term debt 647,858 647,858) 757,348) Business -type activities Water sewer utility 14,234,241 13,727,958 506,283) 1,110,185) Ice Center 1,669,145 1,400,703 268,442) 207,619) Solid waste management 1,048,827 904,117 144,710) 345,775) Water resource 1,829,392 3,484,253 1,654,861 499,378 Field house 254,664 368,795 114,131 71,042 Housing and Redevelopment Authority 6,029,136 5,565,576 463,560) 745,683) Total net (expense) revenue 68,662,230 42,717,450 25,944,780) 29,823,544) General revenues Property taxes Unrestricted investment earnings Gain on sale of capital assets Other Total general revenues Change in net assets 29,106,018 29,587,493 754,117 1,362,070 81,337 102,415 410,658 295,629 30,352,130 31,347,607 4,407,350 $ 1,524,063 One of the goals of this statement is to provide a side-by-side comparison to illustrate the difference in the way the City's governmental and business -type operations are financed. The City's governmental operations tend to rely more heavily on general revenues, such as property taxes. In contrast, the City's business -type activities tend to rely more heavily on program revenues (service charges and program specific grants) to cover expenses. This is critical given the current external downward pressures on general revenue sources such as taxes and state aids. 17- Page 3 5 ACCOUNTING AND AUDITING UPDATES GASB STATEMENT NO. 54 - FUND BALANCE REPORTING AND GOVERNMENTAL FUND TYPE DEFINITIONS The objective of this statement is to enhance the usefulness of fund balance information by providing clearer fund balance classifications that can be more consistently applied and by clarifying the existing governmental fund type definitions. This statement establishes fund balance classifications nonspendable, restricted, committed, assigned, and unassigned) that comprise a hierarchy based primarily on the extent to which a government is bound to observe constraints imposed upon the use of the resources reported in governmental funds. The definitions of the general, special revenue, capital projects, debt service, and permanent fund types are clarified by the provisions in this statement; which could necessitate changes in fund structure, particularly for existing special revenue funds. Elimination of the reserved component of fund balance in favor of a restricted classification will enhance the consistency between information reported in the government -wide statements and information in the governmental fund financial statements and avoid confusion about the relationship between reserved fund balance and restricted net assets. The requirements of this statement are effective for financial statements for periods beginning after June 15, 2010. GASB STATEMENT NO. 60 - ACCOUNTING AND FINANCIAL REPORTING FOR SERVICE CONCESSION ARRANGEMENTS This statement provides accounting and financial reporting guidance for governments that participate as either a transferor or an operator in a service concession arrangement (SCA). SCAB are arrangements whereby a government transfers the rights to operate one of its capital assets to a third party operator either a private party or another government) for consideration, with the operator then being compensated from the fees or charges collected in connection with the operation of the asset. To qualify as an SCA, an arrangement must meet all of the following criteria: 1) the transferor must convey to the operator both the right and the obligation to use one of its capital assets to provide services to the public; 2) the operator must provide significant consideration to the transferor; 3) the operator must be compensated from the fees or charges it collects from third parties; 4) the transferor must have the ability to either determine, modify, or approve what services are to be provided to whom at what price; and 5) the transferor must retain a significant residual interest in the service utility of the asset. This statement provides guidance to governments that are party to an SCA for reporting the assets, obligations, and flow ofrevenues that result from the arrangement; along with the required financial statement disclosures. The requirements of this statement must be implemented for fiscal year ending December 31, 2012, with earlier implementation encouraged. GASB STATEMENT NO. 61 - THE FINANCIAL REPORTING ENTITY: OMNIBUS This statement amends the current guidance in GASB Statement No. 14, "The Financial Reporting Entity," for identifying and presenting component units. This statement changes the fiscal dependency criterion for determining component units. Potential component units that meet the fiscal dependency criterion for inclusion in the financial reporting entity under existing guidance will only be included if there is also "financial interdependency" (an ongoing relationship of potential financial benefit or burden) with the primary government. This statement also clarifies the types of relationships that are considered to meet the "misleading to exclude" criterion for inclusion as a component unit; changes the criteria for blending component units; gives direction for the determination and disclosure of major component units; and adds a requirement to report an explicit, measurable equity interest in a discretely presented component unit in a statement of position prepared using the economic resources measurement focus. The requirements ofthis statement must be implemented for fiscal year ending June 30, 2013, with earlier implementation encouraged. 18- Page 36 CITY OF PLYMOUTH RESOLUTION N0. 2011 - ACCEPTING THE 20110 COMPREHENSIVE ANNUAL FINANCIAL REPORT AND AUDIT WHEREAS, each year, the City of Plymouth is required to have an independent audit performed on city financial statements; and WHEREAS, the city has contracted with the independent certified public accounting firm of Malloy, Montague, Karnowski, Radosevich & CO., P.A. (MMKR) to perform the said audit; and WHEREAS, the City Council has received and reviewed the 2010 Comprehensive Annual Financial Report prepared by the Finance Division of the Administrative Services Department and the audit opinion of MMKR; and WHEREAS, MMKR has issued an unqualified opinion as the result oftheir audit. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the 2010 Comprehensive Annual Financial Report prepared by the city's Finance Division of the Administrative Services Department and the audit of said report as prepared by Malloy, Montague, Karnowski, Radosevich & CO., P.A. are hereby approved and accepted. Adopted by the City Council June 28, 2011. Page 37 rp)C;tyaf Agenda Plymouth Number: Adding Qwftty to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Mike Goldstein, Chief of Police June 28, 2011 Reviewed by: Mike Goldstein, Chief of Police Item: Social Host Ordinance 1. ACTION REQUESTED: Adopt the proposed Social Host Ordinance. 2. BACKGROUND: Keeping the youth in our community safe is a top priority for the Plymouth Police Department. As part of this ongoing initiative, the police department participates in numerous programs and has several measures in place to help alleviate dangerous conditions that could impact our youth. That said, alcohol use and abuse by our youth continues to pose problems within our community and beyond. According to the Pacific Institute for Research and Evaluation (PIKE) underage drinking cost the citizens of Minnesota $1 billion in 2007. These costs include medical care, work loss, and pain and suffering associated with the multiple problems resulting from use of alcohol by youth. This translates to a cost of $1,993 per year for each youth in Minnesota. Youth violence and traffic crashes attributable to alcohol use by underage youth in Minnesota represent the largest cost for the State. Young people who begin drinking before the age 15 are four times more likely to develop alcohol dependencies and are two and a half times more likely to become abusers of alcohol than those who begin drinking at age 21. In 2007, 2,448 youth 12 — 20 years old were admitted for alcohol treatment in Minnesota, accounting for 9 % of all treatment admissions for alcohol. According to 2007 self -reports, approximately 196,000 underage youth in Minnesota drink each year. During this timeframe, underage drinkers consumed 11.4% of all alcohol sold in Minnesota, totaling $336 million in sales. Based on our experience, we know that underage drinking leads to substantial harm due to traffic crashes, violent crime, property crime, unintentional injury and other risky behaviors. Each year, dozens ofyouth die as the result of alcohol-related crashes and hundreds are seriously injured. As such, there are thousands of violent and property -related crimes due tc alcohol use. The Plymouth Police Department works in concert with our local school districts to help combat this problem. Through both educational and enforcement activities, which are highly visible and assertive, the department has made a concerted effort to help our youth make sound Page 1 decisions and avoid alcohol and other dangerous substances. For those who choose to use and are caught, the department has adopted a zero tolerance policy. Offenders are typically cited and both the parents and schools are notified of our actions. It is not uncommon for our department to seek out search warrants to enter a premise that is hosting an underage drinking party and if possible, any adults with knowledge of the event are held accountable. Those adults responsible for furnishing alcohol for these parties are typically charged with the crime of Contributing to the Delinquency of a Minor, which is a gross misdemeanor. However, over the course of time, many communities such as the cities of Minnetonka and Maple Grove, who we collaborate with on several enforcement initiatives, have adopted a Social Host Ordinance. This ordinance is another useful tool for police officers. Under these ordinances, hosts can be charged with a misdemeanor if it is proven that they were aware ofthe underage alcohol consumption and/or possession even if they are not present at the party. And, the burden ofproof is less than the above -stated gross misdemeanor charge. Here, law enforcement does not have to prove that the host furnished the alcohol, but simply provided the venue with knowledge that alcohol would be present. It is hopeful that this ordinance will serve as a deterrent in our efforts to combat this ongoing and concerning issue. 3. BUDGET IMPACT: There would be no significant budget impact for the City. 4. ATTACHMENTS: Ordinance Page 2 From: Rick D. Taylor [rd-cg.taylor@comcast.net] Received: Monday, 27 Jun 2011, 5:40pm To: Kelli Slavik [KSlavik@plymouthmn.gov] CC: Judy Johnson Uj ohnson@plymouthmn. gov]; Kathleen Murdock kmurdock@plymoutli mn.gov]; Bob Stein [BStein@plymouth n.gov]; Ginny Black GBlack@plymouthrnn.gov]; Tim Bildsoe [TBildsoe@plymouthmn.gov]; Jim Willis Uwillis@plymoutlunn. gov] Subject: Proposed Social Host Ordinance 27 June 2011 Dear Mayor Slavik- I am writing to express my opposition to the proposed Social Host Ordinance which will be discussed at the council meeting on Tuesday, 28 June (Agenda Item 8.02). My opposition is based on two concerns: 1. The ordinance does not provide a reasonable defense for parents who have made honest efforts to prevent the use of alcohol by teens in social situations under their control. 2. The ordinance is an unnecessary add-on to existing Minnesota law. Point 1 centers on Section 1216.03 (3). This section creates a situation in which the only defense is to prove the negative "I did not know". If 12 teens are in my home and one teen successfully smuggles alcohol, despite my firm statement to all present that alcohol is forbidden, how can I protect myself from prosecution with "I didn't know he brought it"? Point 2 is straight forward. Police Chief Goldstein himself notes in the cover letter that Plymouth police already actively and assertively pursue criminal charges under existing laws. I applaud these efforts as they fall under the normal purview of law enforcement. An additional ordinance does not make these Minnesota statues and other existing Plymouth ordinances any more effective. As a parent of teens, I am concerned about any contact they have with alcohol. Its proper use and the legal circumstances surrounding it have been a topic of discussion many times in our home. Beyond putting Plymouth on record that "we're doing something about teen drinking", this ordinance will not prevent every teen from engaging in irresponsible actions. But it will lead to prosecutions of honest parents whose teens chose those actions despite their best efforts at prevention. Thank you for your consideration of my concerns. Respectfully, Rick Taylor, Plymouth CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2011 - AN ORDINANCE ADDING SECTION 1216 OF THE CITY CODE, CONCERNING SOCIAL HOSTS THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS: Section 1. Section 1216 of the Plymouth City Code is hereby added to the City Code: 1216.01. Definitions. For the purposes of this Section, the following terms have the meanings given: 1) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brand gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced. 2) "Alcoholic beverage" means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. 3) "Gathering-" means a group of three or more persons who have assembled or gathered together for a social occasion or other activity. 4) "Host" means to aid, conduct, sponsor, organize, supervise, control, or allow a gathering, 5) "Parent" means a person having the following relationship to a juvenile: a. A natural parent, adoptive parent, or step-parent; b. A legalguardian; or C. A person to whom legal custody has beenivg en by order of a court. 6) "Person" means an individual, partnership, co -partnership, corporation, or an association of one or more individuals. "Person" does not include a ci . , county, or state agency. 7) "Premises" means any location, including a home, yard, farm, field, land, apartment, condominium, hotel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly,pi blic or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically partv or other social function. and whether owned. leased. rented. or used with or without permission or compensation. 8) "Underage person" means an individual under 21 years of age 1216.03. Prohibited Acts. 1) It is unlawful for a person to host or allow a gathering on any_premises if- a. a. The person knows that alcohol or alcoholic beverages will be present; and Page 3 b. The person knows that an underage person will attend, or is likely to attend; and C. The person fails to take reasonable steps to prevent the possession or consumption of alcoholic beverages by an underage person, and a. An underage person consumes an alcoholic beverage, or possesses an alcoholic beverage with the intent to consume it, at the gathering. 2) Examples ofreasonable steps include: a. Directing, on a one-time basis or as a standing order, that no consumption of alcohol and alcoholic beverages is allowed; or b. Controlling access to alcohol or alcoholic beverages;or C. Checking identification of attendees to determine age; or d. Supervising the activities of underage persons at theat g either in person or through a responsible adult. 3) A person is not criminally responsible under this ordinance if the person does not know that a gathering will occur, or does not know that alcoholic beverages will be present, or does not know that an underage person will be or is likely to be present. However, if a person has the knowledge specified in parte aph 1 above, a person who hosts aatg hering does not have to be present at the gathering to be criminally responsible. 4) A person is criminally responsible for violating paragraph 1 above if the person intentionally advises, hires, counsels, or conspires with or otherwise procures another to commit the prohibited act. 1216.05. Exceptions. 1) This section does not apply to conduct of an underage person that is permitted by his or her parent and occurs in the parents' household. 2) This section does not apply to a legally protected religious observance. 3) This section does not apply when an underage person is lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment. 4) This section does not apply to the holder of a liquor license issued under Section 1206 of this code, but it does apply to a person who hosts aatg hering at such a liquor establishment. Page 4 Section 2. Effective Date. This ordinance shall be in full force and effect upon its passage. ADOPTED by the Plymouth City Council this 28t' day of June 2011. CITY OF PLYMOUTH Kelli Slavik, Mayor ATTEST: Sandra R. Engdahl, City Clerk Page 5