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HomeMy WebLinkAboutCity Council Packet 04-28-2009CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING APRIL 28, 2009, 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 allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Presentation by Plymouth Senior Council, President Wes Clemens 4.02 Presentation of GFOA Award 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2009-100) 6.03 Accept donation from the Plymouth Crime and Fire Prevention Fund (Res2009- 101) Items require 6/7's vote for approval Regular Council Meeting 1 of 3 April 28, 2009 6.04 Approve plans and specifications for Pike Lake Lift Station (8114 — Res2009- 102) 6.05 Approve Payment No. 7 and Final for Well 16 (7114 — Res2009-103) 6.06 Approve Engineering Study and order plans and specifications for Four Seasons Well (Res2009-104) 6.07 Approve Payment No. 2 and Final for Highway 55 Culvert Replacement Project 7138 — Res2009-105) 6.08 Approve land acquisition for the Northwest Greenway (Res2009-106) 6.09 Approve lease agreement for telecommunication equipment on water tower located at 4000 Highway 101 (Res2009-107) 6.10 Award Contract for the 2009 Sanitary Sewer Lining Project (9103 — Res2009- 108) 6.11 Accept 2008 Transit Program Annual Report and 2009 Transit Program Work Plan 6.12 Accept 2008 Solid Waste Annual Report and 2009-2010 Recycling Program Education Work Plan 7. PUBLIC HEARINGS 7.1 Conduct public hearing to approve new Wine and 3.2 Liquor License for Solo's Pizza Cafe, D/B/A Solo's Pizza Cafe (John Osterberg, Bruce Thomson, and Brian Banick), 2700 Annapolis Circle (Res2009-109) 7.2 Conduct public hearing to approve new Wine and 3.2 Liquor License for India Palace Plymouth Inc. (Diljit Singh Khosa), D/B/A India Palace Restaurant, 4190 Vinewood Lane N, #120 (Res2009-110) Items require 6/7's vote for approval Regular Council Meeting 2 of 3 April 28, 2009 7.3** Conduct Public Hearing for the 36th Avenue Street Reconstruction Project (8104 Res2009-111) 8. GENERAL BUSINESS 8.01 Discuss request from property owners for street reconstruction project for Kingsview Heights 8.1 ** Approve annual update of the City Code and Zoning Ordinance. City of Plymouth. (2008076) 8.2 Set future Study Sessions 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Legislative Update 9.2 Consider challenge from City of Osseo regarding "Step To It Program" (requested by Mayor Slavik) 10. ADJOURNMENT Items require 6/7's vote for approval Regular Council Meeting 3 of 3 April 28, 2009 rp)city of Plymouth adding Quality to Life REGULAR COUNCIL MEETING April 28, 2009 Agenda 4.02Number: To: Laurie Ahrens, City Manager Prepared by: Calvin Portner, Director of Administrative Services Reviewed by: Item: Presentation of the Certificate of Achievement for Financial Reporting 1. ACTION REQUESTED: Accept the Certificate of Achievement of Financial Reporting for the period ending December 31, 2007, on behalf of the City of Plymouth. 2. BACKGROUND: The Administrative Services Director will present the Certificate of Achievement for Excellence in Financial Reporting to the Mayor and City Council. The award is sponsored by the Government Finance Officers Association of the United States and Canada (GFOA). The Certificate of Achievement for Excellence in Financial Reporting recognizes the City's 2007 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 26th consecutive year. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: N/A 6.01 Proposed Minutes Special Council tweeting April 7, 2009 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 8:15 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 7, 2009. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Willis, Murdock, Black, Stein, and Bildsoe. F."IM4021MOWN STAFF PRESENT: City Manager Ahrens, Public Works Director Cote, and City Clerk Engdahl. 1-494 Third Lane John Griffith and Scott Pedersen, from the Minnesota Department of Transportation, presented preliminary plans for third lanes on I-494 from 394 to 94. This is a project that is being reviewed as part of the federal stimulus funds for "shovel ready" projects. This project is classified as a congestion safety mitigation project and if this project isn't funded through the stimulus funds, MN/DOT would include the project in the Project Readiness Program for environmental review and preparation for funding. Discussions were held on locations of proposed noise walls and potential reconstruction of the overpass bridge at Schmidt Lake Road, Mr. Griffith and Mr. Pederson stated that as MN/DOT proceeds with this process, they would update City staff. Adjournment Mayor Slavik adjourned the meeting at 7:00 p.m. Sandra R. Engdahl, City Clerk Proposed Council Minutes 1 of 1 Special Meeting of April 7, 2009 Proposed Minutes 2009 Board of Appeal and Equalization April 7, 2009 The meeting of the Plymouth City Council sitting as the 2009 Board of Appeal and Equalization was called to order by Mayor Slavik at 7:05 p.m. in the City Council Chambers, 3400 Plymouth Boulevard, on April 7, 2009. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Murdock, Black, Bildsoe, Willis, and Stein. COUNCIL ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Assessor Hebert, Supervisor Olsson, Commercial Appraiser Pidde, Appraisers Kingsbury, Bowman, and Vander Linden, Administrative Services Director Portner, and City Clerk Engdahl. Ronald Malone, 10106 South Shore Drive (25-118-22-43-0012), stated he disagrees with the 630,900 market value for his property, and based on his own study of five comparable properties on Medicine Lake, it should be $570,000. He stated he met with staff regarding the adjustment process to his market value. His property consists of a.22 acre lot on the south side of Medicine Lake with an older home that has been remodeled during the past 10 years. He requested that his property be reevaluated, and he offered to split the difference between what he believes is his fair market value and staff's market value. Darrell Gauvitte, 10315 County Road 10 (01-118-22-31-0017 and 01-118-22-31-0001), discussed the two parcels located on Bass Creek, Nathan Lane, and Bass Lake Road. He explained these properties were purchased in 1963, and these properties aren't salable because of access to the properties. Currently, there is a single drive from County Road 10, but that is a very dangerous situation. When and if these properties are developed, the drive would be closed, and the owner would need to construct 700 feet of road to Nathan Lane. These properties are very isolated. He requested options for these properties i.e. deferring the taxes until the properties are sold, utilizing a senior deferment program, or a lien that could be applied to the properties. Ron Miller, 5925 Vicksburg Lane (05-118-22-14-0006), stated his market value was decreased 0.33% from $393,000 to $391,700. Properties near his property averaged a 3% reduction. He stated he wouldn't be able to sell his property for $391,700, but more around $350,000. Linda Wagner, 2025 Kilmer Lane (25-118-22-14-0005), voiced her objection to the $110,000 market valuation for her property. Her property is 250 square feet in size and is located adjacent to Highway 169. Her home is 400 square feet, and she has no access to Medicine Lake. She noted that there are no other comparables for lot and home size in Plymouth. She stated there is a home near her property that is somewhat larger and is valued at $114,000. Proposed Minutes Board of Equalization 1 of 2 April 7, 2009 Raghu Ramen, 3330 Niagara Lane North (21-118-22-12-0006), stated two years ago his property was valued $249,000 and last year it was valued at $271,000. This year, the market value was reduced to $265,200. He has reviewed comparables in his neighborhood. His stated that his adjacent neighbor's market value has been reduced 11% while his value has increased slightly over 7%. Mayor Slavik stated the Board of Appeal and Equalization would reconvene on April 21 at 7:00 p.m. in the Council Chambers. She closed the Local Board of Appeal and Equalization to further appeals. City Assessor Hebert read into the record the following properties that have filed written appeals: 1. Ignacio Polania (32-118-22-24-0016) 2. Trygve Svard (11-118-22-31-0037) 3. Leonard Lindelof (35-118-22-14-0028) 4. Bill Haberman (23-118-22-34-0104) 5. Gerald Harty (26-118-22-12-0018) 6. Sudmir Singh (17-118-22-13-0119) 7. Jim Strand (11-118-22-21-0003) 8. Richard and Sheila Chaffee (08-118-22-33-0098) 9. Margaret Wilson (34-118-22-31-0054) 10. Scott Qualle (29-118-22-34-0036) Adjournment Mayor Slavik declared the Board of Appeal and Equalization meeting recessed at 8:05 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes Board of Equalization 2 of 2 April 7, 2009 Proposed Minutes Special Council Meeting April 7, 2009 Following the adjournment of the Board of Equalization meeting, at approximately 8:15 p.m., the Council conducted a quarterly update with the City Manager. The meeting was conducted in the Council Chambers, at 3400 Plymouth Boulevard. COUNCIL PRESENT: Mayor Slavik, Councilmembers Hewitt, Murdock, Black, Bildsoe, Willis, and Stein. COUNCIL ABSENT: None. STAFF PRESENT: City Manager Ahrens. Update with the Citv Manager City Manager Ahrens provided updates on the following issues: charitable gambling applications, Stone Creek building code issues, milfoil chemical eradication request, budget status, and answered questions on several other issues. Councilmember Black asked if the Council is going to set a study session to discuss the items that were previously removed from the EQC Work Plan. The Council added to the pending study session list to add a possible joint meeting with the Environmental Quality Committee to be scheduled late in 2009. Adjournment Mayor Slavik declared the meeting adjourned at 9:45 p.m. Sandra R. Engdahl, City Clerk Proposed Council Minutes 1 of 1 Special Meeting of April 7, 2009 Proposed Minutes Regular Council Meeting April 14, 2009 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:07 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on April 14, 2009. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Black, Bildsoe, Willis, Murdock, and Stein. ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Police Chief Goldstein, Captain Webb, Public Works Director Cote, Deputy Fire Chief Springer, Community Development Director Juetten, Park and Recreation Director Blank, Administrative Services Director P.ortner, Assistant City Engineer Renneberg, Reconstruction Program Manager Paumen, Water Resources Manager Asche, Engineer Payne, and Deputy City Clerk Olson. Plymouth Forum There was no one present to speak at the forum. Presentations and Public Information Announcements 4.01) Presentation of a Speed Device Donation from Department of Public Safety, Office of Traffic Safety Bob O'Brien, from the Department of Public Safety, gave a presentation on the speed device. Thi- diviri- Wap dnnn4ad h ra»cP of the gnod work of the Police. nepnrtrnent and in the hnpP the device will save lives. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt a Resolution Accepting the Donation (Res2009-099). With all members voting in favor, the motion carried. 4.02) Proclamation Declaring April 18-25 as "Great Shingle Creek Watershed Cleanup" Councilmember Black gave a brief presentation on the annual cleanup efforts for Shingle Creek. Mayor Slavik read the proclamation declaring April 18-25 as "Great Shingle Creek Watershed Cleanup." 4.03) Proclamation Welcoming 2009 Daytona 500 Champion Matt Kenseth to Plymouth Proposed Council Minutes 1 of 5 Regular Meeting of April 14, 2009 Mayor Slavik gave a brief overview of the background of the proclamation and presented a signed copy of the proclamation to Plymouth resident Chuck Fountain. Mayor Slavik reported the Primavera Arts Festival would be held on April 17-21 at the Plymouth Creek Center. Mayor Slavik announced the City Sampler on April 25 from 9:00 a.m. to 12:00 p.m. Approval of Agenda Motion was made by Councilmember Black, and seconded by Councilmember Bildsoe, to approve thea egnda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe,.seconded..by Councilmember Black to adopt the Consent Agenda that included the followingitems: ems: 6.01) Minutes from the Regular Council Meeting of March 24, 2009. 6.02) Resolution Approving Disbursements for Period ending April 4, 2009 (Res2009-078). 6.03) Resolution to Approving a Sign Variance for Columbus Home Association for Property located at 10904 South Shore Drive (2009008 — Res2009-079). 6.04) Resolution Approving a Site Plan Amendment, Conditional Use Perinit, and Variance for Provident/Waterford, LLC to allow installation of a Drive -Through Service Window at Waterford Shopping Center, 10200 6t` Avenue (2009007 - Res2009-080). t6.fll,) Recnl»tion Approving a Tnint PQWerC Agreement with All Na?arrl Tnr_.irinnt 1V4anagc:mc:nt Team (Res2009-081). 6.06) Resolution Amending the 2009-2013 Capital Improvement Program and Authorizing Additional Funding from the Park Dedication Fund, and Authorizing 2009 Park Improvement Projects (Res2009-082). 6.07) Resolution Approving a Contractual Agreement with the Federal Government under the Recovery Act Edward Byrne Memorial Justice Grant (Res2009-083). 6.08) Resolution Approving Change Order No. 1 for County Road 47161 Intersection Improvements (6108 — Res2009-084) and a Resolution Approving Payment No. 6 and Final County Road 47161 Intersection Improvements (6108 -- Res2009-085). Proposed Council Minutes 2 of 5 Regular Meeting of April 14, 2009 6.09) Resolution Receiving the Preliminary Engineering Report and Calling a Public Hearing for the 36a' Avenue Street Reconstruction Project (8104 — Res2009-086). 6.10) Resolution Awarding Contract for the 2009 Temporary Overlay Project (9102 — Res2009- 087). 6.11) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2009 Street Seal Coat Program (9110 — Res2009-088), 6.12) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for 2009 Street Crack Repair Program (9111 — Res2009-089). 6.13) Resolution Approving Agreement with the Minnesota Department of Natural Resources for Medicine Lake Curlyleaf Pondweed Treatment for 2009 (9118 — Res2009-090). 6.14) Resolution Approving Hot Mix Asphalt Bids for 2009 (Res2009-091). 6.15) Resolution Approving the 2030 Plymouth Comprehensive Plan, including the Tier 11 Comprehensive Sewer Plan (Res2009-092). 6.16) Resolution Approving Renewal Application of the Plymouth Lions Club to conduct Lawful Gambling at Broadway Bar and Pizza (Res2009-093). 6.17) Resolution Approving Bids for Gleanloch and Parkers Lake Playgrounds (Res2009-094). Motion carried to approve the Consent Agenda. Public Hearings 7.1) Project Hearing for 2009 Street Reconstruction Project (9101) Public Wnrlrc Dii for Cote cravn A rnnnrt on the. rennnstnir_.tinn nrninnt_ TTP rPnnrfed staff bacCD— - ---ir- already received bids in order that a more accurate project cost could be determined. He stated due to irregularities in the bidding process, staff is recommending rejecting all the bids. Mayor Slavik stated six votes would be required to proceed with the project. Councilmernber Johnson asked what other financing options would be available to residents. Public Works Director Cote responded there were three possibilities: 1. Delay the assessment until 2010 with little impact to the City's budget. 2. Modify assessment policy for a lower interest rate. 3. Extend the repayment period. Public Works Director Cote explained how the Kingsview Heights and Circle Park Proposed Council Minutes 3 of 5 Regular Meeting of April 14, 2009 neighborhoods could be separated and combined with other projects in 2010 and 2011. Motion was made by Councilmember Willis, and seconded by Councilmember Stein, to adopt a Resolution to reject All Bids for the 2009 Street Reconstruction Project (9101— Res2009-095). Mayor Slavik did not open the public hearing as there was no motion to move forward with the project. She asked the public to speak only in relation to the motion to reject the bids. The following residents spoke against rejecting the bids: 1. Paul Gregoire, 14910 43`d Ave North 2. Donald Moore, 205 Lanewood Lane 3. Bob Brill, 4275 Kingsview Lane 4. Ethan Roberts, 4330 Kingsview Lane Bruce Boetzer, ASTECH Corporation, believes staff has errored in recommending the rejection of all bids. He requested his bid be considered, and he distributed handouts to Council. City Attorney Knutson addressed language regarding responsible bidder criteria. Verlyn Shoep, PARK Construction, requested that the Council accept their bid as the lowest and responsible bid. They would work with the residents during the construction. Mayor Slavik stated there is no ill will towards the contractors submitting bids; Council had hoped to see lower bids come in. With Willis, Bildsoe, Johnson, Murdock, and Slavik voting yes, and Stein and Black voting no, the motion carried. Council directed staff to look at combining Kingsview Heights and Circle Park neighborhoods with other construction projects in 2010 and 2011. Mayor Slavik thanked residents for attending and reiterated that there would be no street reconstruction project for Kingsview Heights and Circle Park neighborhoods at this time. General Business 1) Application of Plymouth Lions Club to conduct Lawful Gambling at Joe Sensers Sports Grill and Bar, 16605 County Road 24, Suite 210 City Manager Ahrens gave a report on the application. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Murdock, to adopt a Resolution Approving the Application of Plymouth Lions Club for Lawful Gambling at Joe Sensers Grill and Bar, 16605 County Road 24, Suite 210 (Res2009-096). With Willis, Bildsoe, Johnson, Murdock, and Stem voting yes and Black and Slavik voting no, the motion Proposed Council Minutes 4 of 5 Regular Meeting of April 14, 2009 carried. 8.2) Lawful Gambling at Cowboy Jack's, 4120 Berkshire Lane North City Manager Ahrens gave a report on the proposed ordinance as well as the applications of both the Plymouth and Maple Grove Lions. Motion was made by Councilmember_ Willis, and seconded by Councilmember Johnson, to adopt an Ordinance Amending Section 1105.09 ofthe City Code Concerning Lawful Gambling Ord2009-05). Mark Wills and Phil Leith, from the Maple Grove Lions Club, requested approval of their application. With all members voting in favor, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Murdock, to adopt a resolution approvin thehe Plymouth Lions Lawful Gambling License Application for Cowboy Jacks (Res2009-097). With Bildsoe, Johnson, Murdock, Stein, and Willis voting yes, and Slavik and Black voting no, the motion carried. Motion was made by Councilmember Johnson, and seconded by Councilmember Bildsoe, to deny the Maple Grove Lions Lawful Gambling License Application for Cowboy Jacks s2009-098. With all members voting in favor, the motion carried. 8.3) Unaudited 2008 Financial Report Administrative Service Director Portner gave a report on the 2008 Financial Report. He stated staff would be providing a final report in the near future. Reports and Staff Recommendations 9.1) Legislative Update There were no comments. Adiournment Mayor Slavik adjourned the meeting at approximately 9:37 p.m. Kimberly A. Olson, Deputy City Clerk Proposed Council Minutes 5 of 5 Regular Meeting of April 14, 2009 Proposed Minutes 2009 Board of Appeal and Equalization Reconvened April 21, 2009 The Reconvened Meeting of the 2009 Board of Appeal and Equalization was called to order by Deputy Mayor Willis at 7:00 p.m. in the City Council Chambers, 3400 Plymouth Boulevard, on April 21, 2009. This meeting was reconvened from April 7, 2009. COUNCIL PRESENT: Deputy Mayor Willis, Councilmembers Black, Johnson, Stein, Murdock, and Bildsoe. COUNCIL ABSENT: Mayor Slavik. STAFF PRESENT: City Manager Ahrens, City Assessor Hebert, Supervisor Olsson, Commercial Appraiser Pidde, Appraisers Kingsbury, Bowman, and Vander Linden, Administrative Services Director Portner, and City Clerk Engdahl. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to confirm the recommendations of staff for the properties contained in the packet materials. With all members voting in favor, the motion carried. Ad'ournment Deputy Mayor Willis declared the meeting adjourned at 7:08 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes Board of Equalization 1 of 1 April 21, 2009 Proposed Minutes Special Council Meeting April 21, 2009 Following the adjournment of the Board of Equalization reconvened meeting, at 7:15 p.m., the Council conducted a Special Meeting to discuss land acquisition for Northwest Greenway which was postponed from March 24. The meeting was conducted in the Medicine Lake Room at 3400 Plymouth Boulevard. COUNCIL PRESENT: Deputy Mayor Willis, Councihnembers Johnson, Murdock, Black, Stein, and Bildsoe. ABSENT: Mayor Slavik. STAFF PRESENT: City Manager Ahrens, Park and Recreation Director Blank, Recreation Superintendent Evans, and City Clerk Engdahl. Land Acquisition for Northwest Greenwa Park and Recreation Director Blank reported on the up-to-date acquisitions, prices/appraisals on certain tracks of land, and proposed acquisitions. Staff would continue to provide updates to the Council as negotiations proceed. Adiournment Deputy Mayor Willis adjourned the meeting at 8:20 p.m. Sandra R. Engdahl, City Clerk Proposed Council Minutes 1 of 1 Special Meeting of April 21, 2009 rp)City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING April 28, 2009 Agenda 6 m 02Number: To: Laurie Ahrens, City Manager Prepared by: Deb Luesse, AP thru Jodi Bursheim, Finance Manager Reviewed by: Calvin Portner, Director of Administrative Services Item: Disbursements Ending April 18, 2009 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending April 18, 2009. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending April 18, 2009. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING APRIL 18, 2009 WHEREAS, a list of disbursements for the period ending April 18, 2009 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: Anchor Bank — Check Register General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing Redevelopment Check Register Total GRAND TOTAL FOR ALL FUNDS Adopted by the City Council on April 28, 2009 153,460.28 161,666.33 653,343.39 106.30 968,576.30 968,576.30 Invoice Expense Distribution for Period Ended 4.18.09 FUND 100 General Fund 124,703.77 200 Recreation Fund 23,641.33 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 475.08 204 Community Development Fund 0.00 205 Public Safety Grants 0.00 207 Economic Development Fund 0.00 208 Lawful Gambling 0.00 234 Economic Development Fund 0.00 250 Comm Dev Block Grant Fund 4,640.10 254 HRA Section 8 Fund 106.30 258 HRA General Fund 0.00 400 General Capital Projects Fund 6,000.00 401 Minnesota State Aid Fund 0.00 403 Building & Equipment Rev. Fund 9.50 405 Park Replacement Fund 0.00 406 Infrasturcture Replacement Fund 4,246.00 407 Project Administration Fund 0.00 408 Park Construction 0.00 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 0.00 413 Improvement Project Construction 58,625.69 414 Shenandoah Administration 0.00 416 Public Safety Expansion 0.00 851 HRA Senior Apt. Constr Fund 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 81,108.69 421 Enterprise -Other Construction 11,676.45 998 TIF # 7-2 O.S. (Const) 0.00 998 TIF # 7-3 P.O.S. (Const) 0.00 422 TIF #7-4 P.T.P (Const) 0.00 TIF Dev. Exp. Bonds 95 (Const) 0.00 423 TIF # 7-5 Rottlund (Const) 0.00 424 TIF #7-6 Continental (Const) 0.00 425 TIF Housing Assistance Program 0.00 426 TIF #7-7 Stonecreek ('Const) 0.00 427 TIF #7-8 Shops @ Plymouth Creek 0.00 428 TIF HRA Senior Apt. Constr. Fund 0.00 429 TIF HRA 1-3 Crossroads Station 0.00 430 CON -Open Spaces Series 0.00 500 Water Fund 26,913.69 510 Water Resources Fund 1,530.24 520 Sewer Fund 12,242.06 530 Solid Waste Management Fund 146.00 540 Ice Center Fund 29,597.57 550 Field House Fund 4,929.78 Central Services Fund 0.00 600 Central Equipment Fund 168,930.85 610 Public Facilities Fund 27,972.47 620 Information Technology Fund 103,365.25 630 Risk Management Fund 9,871.76 640 Employee Benefits Fund 267,843.72 650 Design Engineering Fund 0.00 850 Senior Housing Bond Trustee 0.00 0.00 Total Invoice Expense Distribution: 968,576.30 City of Check Payment Register Plymouth 04/05/2009 to 04/18/2009 r. the EFT Date Paid:04%13/2009 I C MwA Amount: -$3i ,402.49 Inv. 2009-00000110 04/13/2009 ICMA - ICMA Deferred Comp $ 38,402.49 Check EFT ....µDate Paid.04/13/2009Amount: $ 4,859.86 Inv. 2009-00000111 04/13/2009 ING - ING Deferred Comp $ 4,859.86 Check EFT Date Paid:04%10/2009 Selectaccount Amount: $33,312.71 Inv. 2009-00000119 04/10/2009 FSA MED - FSA Medical * $ 33,312.71 Check 103777 Date-Paid:04/10/2009 ABMwEquipment 8 Supply, Inc. Amount: $ 149,568.00 Inv. 9950100 03/17/2009 CUES High Cube Van w/televising equipment $ 149,568.00 Check 103779 Date Paid:04/10/2009 Accurate Radar Specialities Amount: $ 210.00 Inv. 2216 03/18/2009 Repair 3 Pro Laser III $ 210.00 Check 103779 Date Paid 04%10/2009JAcme Tools Amount: $ 455.08 Inv. 8154978 03/12/2009 1 1/2 impact wrench 191.68 Inv. 8155509 03/13/2009 10 metal thin ,8pc .star tip,twist wire 41.96 Inv. 8162512 03/20/2009 Armature, magnetic ring,brush 48.95 Inv. 8164136 03/23/2009 18V cordless cut off,6pc recip saw blade kit 140.56 Inv. 8172179 03/31/2009 1 7.2V NICD baftery-pa k 31.93 3.6/3.12.09 369.11tn CL 5 Recycle 3,419.98 Inv. 090331 Check 103780 Date Paid:04/10%2009 Adam's Pest Control, Inc. Amount: $ 74.55 Inv. 494898 03/27/2009 Mar09 PCC Pest Control 74.55 Check 103781 Date Paid:04/10/2009 Advanced Security and Communications Inc Amount: $ 75.00 Inv. 208 03/19/2009 PCC Food court'camera repairs $ 75.00 Check 103782' -bate Paid:04/10/2009 WAI's Coffee Company - Amo .....: $ 6 . 6 - unt82.50 Inv. 126995 03/20/2009 IC Concession coffee resupply $ 682.50 Check 103783 Date -Paid:-04-/'1-0-/2-009----Amy Leininger Amount: $ 25.00 Inv. 090430 04/01/2009 '09 3rd Place HR Essay contest $ 25.00 Check 103784 --Date Paid:04/10/2009 Aramark--....- Amount: $ 1,474.20 Inv. 268059 02/04/2009 CC 12 reg,4 dcf coffee 674.85 Inv. 268469 03/04/2009 CC 15 reg,4 dcf coffee 799.35 Check 103785 Date Paid:04/10%2009 Barton Sand & Gravel Co Amount: $ 3,696.11 Inv. 090315 03/15/2009 3.6/3.12.09 369.11tn CL 5 Recycle 3,419.98 Inv. 090331 03/31/2009 3.16/3.25.09 31.37tn CL 5 Recycle 276.13 CheckfW103786- Date Pala Oa%1o//2009 Blackhawk ,_....-,. - Amount: $ 90.00 Inv. IN0422214 03/20/2009 2pr Solag HD w/kevlar tactical gloves $ 90.00 Check 103787 "bate Paid:04//10%2009 Borges Radiator -- Amount: $ 177.87 Inv. 46463 03/19/2009 Cooler clean&repair. $ 177.87 Check 103788 Date Paid04/10/2009 Brooklyn Printing 4 - Amount: $ 452.63 Inv. 031862756 03/16/2009 21,500 Rain Garden wrkshp UB stuffers $ 452.63 Check 103789 `DateKKPaid:04/10/2009 Joan Brummer Amount: $32.05 Inv. 090403 04/03/2009 Party CityNard &--Garden decorations $ 32.05 Page 1 of 16 4/21/2009 Check 103790a Date Paid:04/10%2009 Cadd/Engineering Supply Inc u Amount: $ 306.19 Inv. 223454 03/16/2009 5 -Ink Cart-blk/cyan/magenta/yellow/gray $ 306.19 Check 103791- Date Paid 04%10 2009 Canadian Pacific Railway Amount: $ 300.00 Inv. 2000063572 04/01/2009 4.1.09/3.31.14 pipe crossing rental fee/ $ 300.00 Check 103792-- Date Paid:04//10%2009 ,CDW Government Inc Mp- Amount: $ 10,841.70 Inv. NNB9609 03/16/2009 20 Lind Pan Toughbook Univ Auto Adapter $ 2,108.70 Inv. NNJ3144 03/17/2009 18 Pan CF 30 Vehicle Mount Port Rep $ 7,859.70 Inv. NNV7861 03/19/2009 Pan CF 30 vehicle mount port rep $ 873.30 Checkv 103793 Date Paid.04%10%2009 TC ty of Plymouth/Sewer & Water Amount: 16.87 Inv. 24105651032409 03/24/2009 Metrolink/Reserve 16.87 Mar09 UB postage Check '-103794 "bate.NPaid:04/10%2009 - Check 103799 Date Paid:04/10/2009 Earl F. Ander,.....ss en Inn c._. -, Amount: $ 587.67 Comcast'' Amount: 439.95 Inv. 090218 02/18/2009 2.18/3.17.09 High speed internet/install 439.95 Inv. 00104671N 03/19/2009 Check 103795 Date Paid:04/10%2009---Commercial Refrigeration Syst Amount: 19,886.00 Inv. 37628 12/31/2008 11. 12.08 IC Final pay compressor&drive motor 19,886.00 Check 103796 Date Paid04%10%2009 Dakota Supply GroupAmount: 3,986.21 Inv. 5989921 03/20/2009 1 2"compound,24 3/4"setters, 12 #3 setters 3,986.21 Check 103797-- Date Paid:04/10/2009 Dalco Amount: 993.60 Inv. 2075666 03/06/2009 PCC 4cs TP, 10cs hand towels 993.60 Check 103798 Date Paid:04/10/2009 Data Recognition Corporation Amount: $ 8,309.02 Inv. 00068796 03/19/2009 City of Plymouth Budget Books 5,048.10 Inv. 206MAR09 03/31/2009 Mar09 UB postage 3,260.92 Check 103799 Date Paid:04/10/2009 Earl F. Ander,.....ss en Inn c._. -, Amount: $ 587.67 Inv. 00863821N 03/19/2009 10 18x18 object marker,10 brckts,8 10'post 587.67 Check -103800 TYDate Paid:04%102009 Electrical Installation 8Mnt Amount: $ 222.89 Inv. 00104671N 03/19/2009 Signal relamp TH169 @ 36th street 222.89 Check 103801 ..Date-Paid:04/10/2009 -eQual tty Pathwaysto Potential Amount: $ 127.80 Inv. 090331 03/31/2009 Mar09 IC Janitorial $ 127.80 Check 103802 -Date Paid: 0-4-11-0 12 00 9 ESRI Inc Amount: $ 4,415.80 Inv. 91939213 03/19/2009 6.5.09/6.4.10 ArcView primary/secondary maint $ 4,415.80 Check 103803 Date P2.04/10/2009 - Evenflo Company Inc Amount: $ 1,085.77 Inv. IN831833 03/17/2009 12 Triumph DLX Durango car seats 1,085.77 Check 103804TDate Paid:04/10/2009 Factory Motor Parts Co Amount: $ 108.26 Inv. 13056711 03/16/2009 Credit splash 55 drum 15.00) Inv. 13056759 03/17/2009 Oil filter 8.70 Inv. 61121601 03/16/2009 2 -air fil pp240 10.39 Inv. 61121677 03/16/2009 Brk Shoe kit 87.81 Inv. 61121986 03/17/2009 Filter o/ppl 176 $ 16.36 Check 103805 W Date Paid:04/1012009 Annette Fragale Amount: $100.00 Inv. 090411 04/09/2009 4.11.09 Spring Eggstravaganza $ 100.00 Check 103806 Date Paid:04/10/2009 FSH Communications LLC Amount: $ 127.80 Inv. 000269963 04/01/2009 Apr09 2 P&R pay phones $ 127.80 763.473.9818/763.559.9753 Page 2 of 16 4/21/2009 Check 103807 Date Paid:04%10%2009 G 8 K Service Inc Amount: 502.16 Inv. 1006399611 01/29/2009 1.29.09 Rug service 78.71 12,062.60 Inv. 1006491097 ' 03/20/2009 Public Works Uniform Rntl 423.45 225.64 Check -103808 Date Paid:04/10/2009 03/19/2009 Bell joint leak clamp 225.64 Check A03813 Grainger Amount: 944.26 Inv. 9858171482 03/13/2009 10 40W lamps,cable ties,shower head 88.41 43.19 Inv. 9859250632 03/16/2009 Ladder FG twin 8ft 276.29 Check 103814 Inv. 9859250640 03/16/2009 Sprayer polyethylene 71.89 Inv. 46013 Inv. 9859639362 03/16/2009 Air gun nozzle kit 12.33 Check 103815 -+Date Inv. 9860551325 03/17/2009 Extension cord 100ft 76.35 Inv. 985 Inv. 9860551333 03/17/2009 Ball valve/v belt/fire extinguisher bracket 128.30 Inv. 9861036672 03/17/2009 Lubricant valve/lubricant 1 Ib 40.89 Inv. 9862406122 03/19/2009 6v battery 26.17 Inv. 9862709582 03/19/2009 Load hugger/lubricant valve 223.63 Check 103809 Date Paid:04/10/ 2009ry Graybar Amount: 36.60 Inv. 940330787 03/20/2009 2 Tyco OSP division, moonlink 2.0 36.60 Check 103810 Date Paid:04/10/2009 Gym Works Inc Amount: 240.00 Inv. 5902 03/20/2009 FS2 & FS3 equipment service 240.00 Check 103811 V Date Paid:04/10/2009 Hartland Fuels Amount: 12,062.60 Inv. 137409 03/19/2009 2500gl @1.46808 diesel,5000gl Unleaded 12,062.60 Check '103812 Date Paid:04/10/2009 Henry's Waterworks Inc Amount: 225.64 Inv. 13229 03/19/2009 Bell joint leak clamp 225.64 Check A03813 Date Paid:04/10/2009 Hillyard Inc -Minneapolis Amount: 124.71 Inv. 2804987 03/18/2009 IC 3pk bag filter sensor 77.03 43.19 Inv. 7254124 03/19/2009 Filter micro sensor/filter motor 47.68 Lowe's Check 103814 Date Paid:04/10/2009 Holt Motors Inc Amount: 187.38 Inv. 46013 03/19/2009 2-Kit/filter 187.38 Check 103815 -+Date Paid:04/10%2009 HP 3,.LLC - Amount: 229.00 Inv. 985 12/31/2008 Water Conserv inv/11.7.08 Cub Foods 229.00 Check- 103816 f Date Paid.10/2009 Robbinsdale Area Schools Amount: $ 75.00 Inv. 0000036179 03/18/2009 Reimb false alarm fee Armstrong HS $ 75.00 Check 103817 Date,Pafid :0,4%10%"2009 J,Gardrier &- Associates LLC W rtVAmount: $ 385.00 Inv. 081210 12/31/2008 12.10.08 10,000 Jr Police stickon badges $ 385.00 Check 103818 Date Paid:04/10/2009 Janhawi Kelkar Amount: $ 50.00 Inv. 090430 04/01/2009 '09 2nd Place HR essay contest $ 50.00 Check 103819 -Date Inv. 090319 Paid:04/10/2009 03/19/2009 Karlyn Eckman 3.19.09 Great Decisions Talk Amount: 55.00 55.00 Check 103820 Date Paid:04/10/2009 League of Minnesota Cities Amount: 40.00 Inv. 128883 03/18/2009 Greg Poetz/4.15.09 Safety & Loss Control 20.00 Inv. 129086 03/25/2009 Tom Nelson 4.15.09 Safety&Loss Control 20.00 Check 103821 Date Paid:04/10/2009 Leslie Neugent Amount: 43.19 Inv. 7930229 03/01/2009 Grief pamphlets Chaplain corps 43.19 Check 103822 Date Paid:04/10/2009 Lowe's Amount: 247.23 Inv. 090402 04/02/2009 3.12/4.1.09 Hdwe Charges 247.23 Page 3 of 16 4/21/2009 Check 103823 Date Paid: 04/10/2009 »»» M A Apparel Inc Amount: $ 768.86 Inv. 33270 03/13/2009 25 Folding stool/cooler,garden bags $ 768.86 Ames"! . Check 163924-"b-at-'e'-'P--'a-'i"'d":'-04/10/2009 M A S A..__..Mid _" Americaa._._ Spo-..._rts Advantage ,_ Amount: ry $» 3,200.00 Inv. 18217200 03/18/2009 8 8x24 org,2 7x12 org,8 6.5xl8.5,Wht,/8 6.5x12 $ 3,200.00 wht soccer nets Check 103825 DatertPaid:04%10/2009 Mady North» m Amount$e75. 00yw Inv. 090430 04/01/2009 '09 1st Place HR essay contest $ 75.00 Check 103826 Date Paid:04/10/2009 Mark J Traut Wells Inc Amount: $ 41,985.25 Inv. 090104 01/04/2009 Well 11 #1 thru 1.4.09 18,216.25 Inv. 090401 04/01/2009 Well 3 #1 thru 4.1.09 23,731.00 Inv. 21414.3 03/30/2009 Well 11 &well 3 water analysis 38.00 Check 103827 » Date Paid:04%10%2009 Medina»Entertainment Center —» Amount: $ 940.68» Inv. E08766 03/14/2009 3.14.09 PD Reserves Banquet $ 840.68 Inv. E08967 04/01/2009 6.10.09 Deposit/90"s Party $ 100.00 Checkl103828 Date Paid:04M0/2009 MES-MIDAM Amount: $ 63.64 Inv, 00090976SNV 03/18/2009 2 -Title tape captain blk Itrs $ 19.32 Inv. 00090988SNV 03/18/2009 Strap pick off $ 44.32 Check 103829Date Paid 04/10/2009 Metro Blooms Amount: $ 50.00 Inv. 090514 03/31/2009 5.14.09 Rain Garden workshop $ 50.00 Check 103830Date Paid:04//10%2009 MH Plumbing Inc » Amount: 4,640.10 Inv. 643 03/31/2009 520 Orchid Ln/replace furnace 4,640.10 Check 103836 bate Paid:04/10/2009 Check 103831 Date Paid:04/10/2009 MN Dept of Labor 8- Industry Amount: 3,691.80 Inv. 090331 03/31/2009 Conf#6145053180 Mar09 Bldg Permit 3,691.80 7.44 Inv. 138632 03/23/2009 Surcharge 7.44) Inv. 139555 Check 103832- Date 0-a d:04/10/2009 MN Safety Council, Inc Amount: 1,706.16 Inv. 4934 03/12/2009 52 Nighthawk carbon monoxide detectors 1,706.16 Check 103833 Date Paid:04/10/2009-Mobile Radio Engineering Amount: 216.00 Inv. E05333 02/10/2009 Sprinkler Antenna repair 216.00 Check 103834 Date Paid:04/10/2009 MTI Distributing Inc Amount: 1,832.15 Inv. 65650000 03/17/2009 Irrig work/install 2 flow sensors 1,832.15 Check 103835 W Date Paid:04/10/2009 MTU Onsite Energy Amount: $ 663.22 Inv. 156281 02/17/2009 2.17.09 Genset sery/prev maint/belt changes 663.22 Check 103836 bate Paid:04/10/2009 NAPA Auto Parts -Minneapolis Amount: $ 14.87 Inv. 138029 03/18/2009 Ptex rview mir 6.37 Inv. 138595 03/23/2009 Wiper blades 7.44 Inv. 138632 03/23/2009 Return blade 7.44) Inv. 139555 03/31/2009 12oz bars leak 8.50 Check 103837 Date Paid:04%10—/2009 Robert Nesbitt Amount: $ 880.76 Inv. 104989 03/30/2009 Johnson Printing/1000 MNJAC Folders $ 880.76 Check 103838 ' Date Paid:04/10%2009 New -World Systems----- Amount: $ 7,200.00 -, Inv. 10000061345NWS 03/17/2009 3.17.09 UM Mapping $ 7,200.00 Check Y103839, Date-Paid:04%10/2009-46rthdale Construction Co Inc Amount: $46,310.89 Inv. 090415 04/15/2009 Proj8101 #9 2008 Str Reconstruction $ 46,310.89 Page 4 of 16 4/21/2009 Check 103840 Date Paid: 04/10/2009 Northern Sanitary Supply Co In _ Amount: $ 1,040.07 Inv. 134145 03/20/2009 PCC handsoap/clnr/glss clnr/tile clnr/neutral 345.96 03/18/2009 Inv. 27462 03/17/2009 clnr/spotter 1,892.80 Inv. 134148 03/20/2009 IC-towels/tissue/handsoap/glss clnr/enzyme 694.11 Check 103845 Date Paid."04/101-2009 digestnt Amount: 194.35 Inv. 037879 03/16/2009 Provide power for flat screen TV 194.35 CheckT103841 TDate Paid:04/10%2009 Check 103846-uDate%Paid:04/10/2009 Oakwood Pet ClinicT Amount: $ 49.50 Inv. 72798 03/24/2009 3.24.09 Regular examination 49.50 Check 103842 Date Paid: 0411012009 Office Depot Amount: $ 1,003.72 Inv. 467401527001 03/18/2009 Envelopes/dsk orgnzr/paper hldr/paper clps 232.87 Inv. 467520631001 03/18/2009 Itr folder/usc dps 20.47 Inv. 467525548001 03/18/2009 Envelopes 40.83 Inv. 467575852001 03/18/2009 File box 7.21 Inv. 467578807001 03/18/2009 Mag display/pert pad/file label Inv. 467594714001 03/18/2009 2bx Envelopes Inv. 467632974001 03/18/2009 Post it/self stick notes/bndr clps Inv. 467662566001 03/18/2009 Inv. 467952634001 03/18/2009 Inv. 468015094001 03/18/2009 Inv. 468142234001 03/18/2009 Recycled cover Key hook/AA batteries/pens File folder/envelopes 5 bx Refill cards/storage_bx/plastic bxs/letter tote/binder/tote file 279.92 66.35 53.64 29.82 36.75 52.20 183.66 Check _ 103843 Date Paid:04/10%2009 Amount: $ 35.00 Inv. 8389981 .03/31/2009 3.16/3.23.09 Attorney P/U $ 35.00 Check- 103844 "Date Pa'id04%10/2009 Owens Companies Inc Amount: 8,189.06 Inv. 27444 03/16/2009 CC check expansion tank problems 4,333.28 Inv. 27462 03/17/2009 WTP 1 automation upgrades 1,892.80 Inv. 27463 03/17/2009 PCC cold in theater check control problems 1,962.98 Check 103845 Date Paid."04/101-2009 Phasor Electric Company Amount: 194.35 Inv. 037879 03/16/2009 Provide power for flat screen TV 194.35 Check 103846-uDate%Paid:04/10/2009 Professional Aquarium Mnt Inc a Amount: 376.00 Inv. 090301 03/01/2009 Mar09 PCC Aquarium Maint 376.00 Check-' 103847 .. Date Pa dd:04/10%2009 R & J Laserworks LLC Amount: 122.48 Inv. 091026 03/14/2009 8x10 Jared award plaque,7x9 "250" award 122.48 plaque Check 103848 Date Paid:04/10%2009Randy's Sanitation Inc Amount: 789.44 Inv. 112118190309 03/19/2009 Mar09 WTP 1 Rubbish Removal 50.12 Inv. 112572180309 03/19/2009 Mar09 WTP 2 Rubbish Removal 52.64 Inv. 141320309 03/19/2009 Mar09 PW Rubbish Removal $ 274.55 Inv. 141570309 03/19/2009 Mar09 CC Rubbish Removal $ 412.13 m._. Check 103849 Date Pad:04/10%2009 Reed Business Information Amount: $ 150.06 Inv. 4135870 03/18/2009 3.16.09'09 Sanitary sewer lining notice $ 150.06 Check 103850 bate Paed:04/10/2009 Rick Johnson - W' w Amount: $ 190.00 Inv. 090331 03/31/2009 Mar09 2 Deer Calls $ 190.00 Check 103851 Date Paid:04/10%2009 Rcmar Industries Amount: $ 1,477.10 Inv. 299457 03/17/2009 6 Repel -60 $ 1,477.10 Page 5 of 16 4/21/2009 Check 103852 Date Paid:04/10/2009 Road Machinery and Supplies Co Amount: 111.40 Inv. 00201967CM 03/23/2009 Credit for double payment 100.95) Mar09 Cheshire Shelter janitorial Inv. S44575 04/03/2009 Unit 243 2 covers 212.35 Mar09 Stn 73 shelter janitorial Check 103853 Date Paid:04/10/2009 02/06/2009 Roto -Rooter Amount: 150.00 Inv. 04814970304 03/19/2009 3.19.09 Big Jet/4120 Berkshire 150.00 Check 103854 Date Paid:04/1/10/2009 Sam's Club Amount: 613.20 Inv. 090402 04/02/2009 2.4.09/3.11.09 Legislative town mtg, P&R, State 613.20 of the City Check 103855 Da4e Paid:04%10/2009 Paul Sholtz Amount: 90.00 Inv. 090326 03/26/2009 9 Plymouth Pedalers T's 90.00 Check 103856 Date Pa d:04/10/2009 A r" . m -,o-,"1' n,_s...,-- m- Sir ' Promotions Inc Amourit:$329.16 Inv. 9026 03/17/2009 10 Long Sleeve T shirts 329.16 Check 103857 Date Paid:04/10/2009 _ Sports Unlimited µ - Amount: 384. 00 Inv. 090331 03/31/2009 Mar09 Mini Sport Tuesday 384. 00 Check % 103858 mDate-Paid.04%10%2009 Stre cher' s Ince - Amount: 654. 32 Inv. 1609707 03/19/2009 Replace siren control bx squad #1001 186. 38 Inv. 1610119 03/20/2009 6 -Gloves 467. 94 Check 103859 Date Paid:04/10/2009 Suburban Tire Wholesale Inc Amount: 1,973. 01 Inv. 10081348 03/04/2009 4 P245/70R17 Wrangler tires 454. 12 Inv. 10081474 03/11/2009 2 11 R22.5 G G182 636. 38 Inv. 10081490 03/11/2009 2 11R22.5 G G182 636. 38 Inv. 10081510 03/31/2009 11 R225 Mich casing for credit 45. 00) Inv. 10081880 03/31/2009 4 P235/75R15 Wrangler tires 291. 13 Check 103860 Date Paid:04110%2009 Sun N6; papers Amount: 164. 46 Inv. 1167322 03/19/2009 Bids Proj 9103 85. 80 Inv. 1167323 03/19/2009 File 2009007 46. 48 Inv. 1167324 03/19/2009 09' Assessment Notice 32. 18 Check 103861 Date Paid:04/10/2009 Supreme Building Maintenance Amount: $ 409. 98 Inv. 31519 03/05/2009 Mar09 Cheshire Shelter janitorial 102. 75 Inv. 315209 03/05/2009 Mar09 Stn 73 shelter janitorial 307. 23 Check 103862 Date Paid:04/10/2009 SW/VIIC Service Cooperatives Amount: $ 181,880. 00 Inv. 090501 04/06/2009 May09 Employee Medical Insurance 181,880. 00 Check _103863 Date Paid:04%10/2009 ThyssenKrupp Elevator Amount: $ 1,163. 50 Inv. 012193 02/06/2009 IC Elevator service 660. 00 Inv. 842289 01/01/2009 Jan-Mar09 IC Elevator Maintenance 503. 50 Check 103864 Date Paid:04/10/2009 TKDA & Associates Inc Amount: $ 14,396. 19 Inv. 000200900377 02/28/2009 Proj8114 Feb09 Pike Lake LS rehab $ 14,396. 19 Check 103865 Date Paid:04/10/2009 Total Control Systems Inc Amount: $ 24,465. 13 Inv. 4867 03/20/2009 Well 3 refurbish - electronics $ 6,939. 50 Inv.4868 03/20/2009 Well 11 refurbish-electronicsNFD $ 17,525. 63 M, ,-/-l-,0/- 2 m...._..._ --,To- _.&",---o"-n,t _ ._......_.._....__.___,,. Check 103866 Date Paid:04/10/2009 Town &Country Caterers Amount: $ 3,710. 90 Inv. E01654 04/07/2009 4.7.09 Employee recognition luncheon $ 3,710. 90 Page 6 of 16 4/21/ Check 103867 Date Paid: 0411012009 Trans -Alarm Inc Amount: 2,919.24 Inv. RMR37643 02/01/2009 Feb-Apr09 PW monitoring 124.61 Inv. 54108352 Inv. RMR37646 02/01/2009 Feb-Apr09 Well 3 monitoring 124.61 dd:U4/10/2009 Inv. RMR39222 02/01/2009 Feb-Apr09 FS3 monitoring 256.72 2.17/2.20.09 80 Mileage Reimb Inv. RMR39223 02/01/2009 Feb-Apr09 FS 1 monitoring 256.72 42.74 Inv. RMR39224 02/01/2009 Feb-Apr09 FS2 monitoring 256.72 Inv. SVO90456 01/28/2009 Well 8 reset panel/rplc battery 169.61 Inv. SVLO90091 01/30/2009 CC rplc mag lock NE employee entry LL 1,120.50 Inv. SVLO90105 02/05/2009 CC replace mag lock LL employee entry 609.75 Check 1038ti8 Date Paid:04%10/2009 United Electric/EESCO Amount: 11.03 Inv. 495911 03/17/2009 5 Blank switch plate inserts 11.03 Check 103869 '- Date Paid:04%10 2009 University of Minnesota Amount: 320.00 Inv. 090421A 04/03/2009 4.21&4.23.09 Municipals registrations 320.00 Check '103870 Date"Paid:04%10 2009 USMAuto-Force Amount: M123.14 Inv. 6482313 03/17/2009 2 -Filter oil 123.14 Check 103871 'bate„Paid:04%10/2009Viking Industrial Center Amount: 178.07 Inv. 24076 03/19/2009 Calibration gas cylinder 178.07 Check Y103872yDatePaid:04%10%2009 Village'Chevrolet Co. R Amount: 48.25 Inv. 180589 03/16/2009 Sensor 34.64 Inv. 180713 03/17/2009 Cap whl n 130 13.61 Check 103873 Date Pad:04%10 2009 MWaste Management Services Amount: 357.89 Inv. 493753805008 04/09/2009 Apr09 IC Rubbish Removal 357.89 Check 103874 Date Paid:04/10/2009 Water Conservation Services Inc Amount: $ 458.00 Inv. 1251 03/20/2009 3.2.09 Leak Detection $ 458.00 Check 103875 Date Paid:04/10/2009 Watson Company Amount: $ 1,868.16 Inv. 768831 03/19/2009 IC Concession food resupply $ 2,008.59 Inv. 768926 03/23/2009 Cr Inv 768831 butter toppin ($140.43) Check --103876 Date Paid04/10/2009 - 1Nestside Equipment Inc. Amount: $ 17.36 Inv. 2009-00000091 03/20/2009 0039136IN $ 17.36 Check Amount: ecc .... k 103877 Date Paid:04%10%2009 ~Wright -Henn Elec.Co. Amounnt:t: _$ $ 6,151.48 Inv. 090326 03/26/2009 Street Lighting Mar09 $ 6,151.48 Check__103878 a Date Pafd 04/10/2009 Xcel Energy Amount: $ 61,886.92 Inv. 51472281600309 03/26/2009 2.17/3.22.09 2 Water Towers $ 70.24 Inv. 51626172430309A03/30/2009 2.14/3.18.09 CC,PS,FS3,HS,PCC/FH $ 61,816.68 Check 103879 Date Paid:04/10/2009 Zee Medical Service Amount: $ 239.08 Inv. 54108337 03/17/2009 WTP1 Medical resupply 99.47 Inv. 54108352 03/19/2009 PCC Medical resupply 139.61 Check, 103880- Date Pa dd:U4/10/2009 Greg Krause _.,._- _ Amount: $ 86.74 Inv. 090220 02/20/2009 2.17/2.20.09 80 Mileage Reimb 44.00 Inv. 090329 03/29/2009 Barnes&Noble/Excel 2007 Reference Manual 42.74 e. _ a Ent _.. m_n Check 103881 Date Paid:0411012009 Todd Miller Amount: $ 1,293.34 Inv. 090403 04/03/2009 3.21.09/4.3.09 STD $ 1,293.34 Check 103882 DatePaid:04/10/2009 RobertTopp _______ Amount: $ 33.45 Inv. 090322 03/22/2009 Fuel to Walker K9 Narcotics certification $ 33.45 Page 7 of 16 4/21/2009 Check 103883 Date Paid.04/17/2009 Ace Lock & Safe Co Inc rr ry µAmount: 951. 80 Inv. A81935 03/04/2009 IC Zamboni rm exterior door lock 951. 80 Check 103893 Date Paid:04/17/ 2009 Check 103884 . DatervPaid:04/17/2009 Ada Alden Amount: 116. 60 Inv. 090328 03/28/2009 3.28.09 212 Mileage New Ulm HRC meeting 116. 60 224. 96 Check 103885 Date Paid.04/172009 All Star Sports Inc . Amount: 568. 83 Inv. 26098 02/14/2009 IC 12 108" white laces,12 mouthguards 54. 00 2.18/3.19.09 WTP 1 So Inv. 26146 03/16/2009 IC 1cs Shin pad tape for resale 59. 95 Amount: $ 100. 00 Inv. 26203 04/01/2009 IC 2cs clear tape,2cs blck,wht cloth tape,36 454. 88 mouthgards Check 103886PmDate Paid04%17/2009 A -tuber Stick LLC __ Amount: 405. 00 Inv. 523551 03/27/2009 30 Amber Stick Drive 405. 00 Check _ 103887 Date Paid:04/17/2009 American' Fastener Inv. 00161668 03/23/2009 Misc parts 69. 68 CheckY 103888-mDate Paid:~04%17%2009 American Messaging Amount: 60. 49 Inv. D2081166JD 04/01/2009 4.20/4.30.09 25 PD pager rentals 60. 49 Check 103889 Date Paid04/17%2009 kharisma Amount: 146. 25 Inv. 70783 03/24/2009 Modeling class 97. 50 Inv. 70784 03/24/2009 2.7,09 Etiquette class 48. 75 Check .103890_DatePaid 04%17%2009 Batteries Plus Amount: 43. 22 Inv. 21121698 03/13/2009 Flashlight batter/SWAT ballistic shields 38. 33 Inv. 21122250 03/24/2009 2pk duracell 12V 4. 89 Check 103891' bate_Pa d:04/17%2009 Becker Arena Products Inc Amount: 185. 38 Inv. 00072957 03/09/2009 Cane bolt 22. 35 Inv. 00072996 03/12/2009 Flooding hose 2" red solid length 163. 03 Check m103892 Date Paid: 04/17/2009 Bertelson Total Office Solutions Amount: $ 18. 66 Inv. W05536031 03/27/2009 Flex I Vision hanging folders/masking tape 18. 66 Check 103893 Date Paid:04/17/2009 Boyer Trucks Amount: $ 224. 96 Inv. 280703 03/16/2009 Airdrier 347. 45 Inv. 282773X1 03/27/2009 Tube-clnt 224. 96 Inv. CM280703 04/07/2009 Return of Airdrier 347. 45) Check 103894 Date Paid:04/17%2009 Braun Intertec Corp Amount: $ 3,246. 00 Inv. 305954 03/30/2009 3.2.0.09 2009 Stree Reconstruction $ 3,246. 00 Check 103895 Date Paid:04/17/ 2009 Inv. 42299 03/26/ 2009 Care Express Products 1 Megamover transfer unit Amount: $ 236. 17 236. 17 Check -103896 Date Paid:04/17/2009 CDW Government Inc Amount: $ 76,861. 12 Inv. NPW4655 03/25/2009 MS GSA publisher 2007 107. 48 Inv. NPW5598 03/25/2009 17 Pansonic Toughbook CF -30 72,401. 90 Inv. NPZ3462 03/26/2009 Panasonic 120w 92. 80 Inv. NQL1609 03/27/2009 1 Pansonic Toughbook CF -30 4,258. 94 Check A 103897 Date -Pa id:04%17120 99 CenterPoint Energy Amount: $ 567. 78 Inv. 602784620309 03/25/2009 2.18/3.19.09 WTP 1 So 567. 78 Check 103898 Date Paid 04/17/2009 -9rSfiilma and Simon Chen Amount: $ 100. 00 Inv. 090220 04/14/2009 Reimb for mailbox damage 100. 00 Page 8 of 16 4/21/ Check 103899 Date Paid:04/17/2009 Coast to Coast Solutions Amount: 933.28 Inv. IVC0018163 03/23/2009 Handgun, rifle, reg evidence bags 933.28 Check 103900 Date-Paid.04//17/2009 Coca Cola Enterprises Amount: 1,718.30 Inv. 0138051012 03/04/2009 IC Concession pop resupply 416.80 Inv. 0138051432 03/11/2009 IC Concession pop resupply 547.90 2,128.94 Inv. 0138052225 03/25/2009 IC Concession pop resupply 753.60 Check 103901 Date 0aid:04/17/2009' Comcast Amount: t-412.03 Inv. 090408 04/08/2009 3.18/5.17.09 High Speed Internet 412.03 CheckV103902 DatePaid04/17/2009 Community Health Charities _ V Amount: 44.00 Wm Inv. 2009-00000108 04/13/2009 CHAR CHC - Community Health Charities 44.00 Check 103903 Date Paid:04/17/200V'--Dean Constantine Amount: 180.00 Inv. 090324 03/24/2009 Mar09 Ballroom Dance class 180.00 Check 103904 Date Pad04t17/2009 mmACorporate Connection Amount: 239.59 Inv. 1381 03/19/2009 12 Noice blocking earmuff 239.59 Check 103905 Da16' Pa"'id 04/17/2009 Cub Foods Amount: 608.55 # n Inv. 090331 03/31/2009 Mar09 Food Charges 608.55 Check 103906 Date Paid:04/17/2009 Cummins Npower LLC Amount: 1,130.50 Inv. 10091412 03/17/2009 Load bank test PS gen set 1,130.50 Check 103907 Date Paid:04/17/2009 Custom Business Forms Amount: 289.69 Inv. 269933 03/24/2009 3000 -Police Emblem 289.69 Check 103908 Date Paid:04/17/2009 Dakota Supply Group Amount: 2,128.94 Inv. 6004517 03/27/2009 1 2"compound meter&2' flange set 2,128.94 Check 103909 Datn Paid:04/17/2009 Dalco Amount: 834.04 Inv. 2081249 03/25/2009 PCC towels/tissue 834.04 Check 10"39''1'"0''' Date Paid:04/17/2009 Discount Steel Inc Amount: 117.15 Inv. 01520858 03/25/2009 Hr plate 117.15 a_n .. e a -i ......- s„-7 - 0-0 ..__.-.... a..._ Check 103911 Date Paid 04/17/2009 Mary Docherty Amount: 100.00 Inv. 090220 04/14/2009 Reimb for mailbox damage 100.00 Check 103912 Date Paid:04/17/2009 % P DTS/Document Tech Solutions- Amount: µ46.4O T Inv. INV28966 03/24/2009 Waste toner bottle mx 46.40 Check%m103913 Date Paid04/17/2009 Maria µ& Matthew Dunbar Amount: 100. 00 Inv. 090220 04/14/2009 Reimb for mailbox damage 100. 00 Check 103914 feDateTPaid.04/17/ 2009' m_ Earl F. Andersen Inc. _- Amount: Inv. 0086430IN 03/25/2009 2 Full bucketseat,12 Shooks,6 Cbl clevis w/bolts $ 684. 37 Check' T 103915-- Date 0aid.04/17%2009 ElectricalKKlnstallation & Mnt Amount: 13,734. 06 Inv. 00104891N 03/26/2009 2 Poles Nathan Ln park & ride 12,000. 00 Inv. 0010490IN 03/26/2009 Luminaire repair @ Nathan Ln/Bass Lk Road 554. 49 Inv. 0010491IN 03/26/2009 Luminaire Repair @ th55 @ Vicksburg 800. 15 Inv. 00104921N 03/26/2009 Luminaire repair@ Carlson Pkwy & Gleason Lk $ 248. 56 Rd Inv. 00104931N 03/26/2009 Luminaire repair @ Bass Lk Rd/NW Blvd 130. 86 Check 103916 Date Paid:04/17/2009 _ Evenflo Company Inc Amount: 754. 3 Inv. IN834856 03/27/2009 10 Big Kid booster,3 Symphone north bay car 754. 30 seats Page 9 of 16 4/21/ Check 103917 Date Paid:04/17/2009 Gregory Evenson - - M T W Amount: w $ 100.00 - Inv. 090220 04/14/2009 Reimb for mailbox damage 100.00 Check 103918 009 Factory Motor Parts Co Arnount: $ 241.13 Inv. 13061437 03/24/2009 Wpr blade 6.23 Inv. 61124169 03/25/2009 6 -Filter fuel 54.25 Inv. 61124406 03/26/2009 Pad kit 52.36 Inv. 61124511 03/26/2009 2 -Element A 41.88 Inv. 61128318 04/14/2009 Pro batt pp66 86.41 10,878.00 Check ry103923 DatexPaid04%17/2009 G & K Service Inc _ Check 103919 -Date Paid:04/17/2009 Fastenal Amount: $ 40.84 Inv. MNPLY32595 03/23/2009 100-tapit allnyl 1/4 x 3/4 24.13 Inv. MNPLY32665 03/25/2009 Scrubbing wipes 14.94 Inv. MNPLY32691 03/26/2009 Metal scraper 1.77 Check 103920 Date Paid:04/17/2009 FedEx Kinko's Amount: 9.63 Inv. 061500010266 03/31/2009 Laminate map 9.63 Check 103921 Date Paid: 04/17/2009-__ Fidelity Building Services Inc Amount: 621.96 Inv. 0053380IN 03/19/2009 3.17.09 PW cafeteria floor stripping/wax 369.29 Inv. 0053381 IN 03/19/2009 3.17.09 CC lobby propaned buffed 252.67 Check 103922Date Paid:04%17/2009 Fire Equipment Specialitiesmount: 10,878.00 Inv. 6103 03/10/2009 7 Janesville coats, pants, suspenders gear 10,878.00 Check ry103923 DatexPaid04%17/2009 G & K Service Inc _ Amount: 480.23 Inv. 1006493541 03/23/2009 3.23.09 Rug service 78.71 Inv. 1006503733 03/27/2009 Public Works Uniform Rntl 401.52 Check 103924—Date Paid:0411712009 G F Jedlicki Inc Amount: 11,676.45 Inv. 090331 03/31/2009 Proj8115 #2 Timber Creek Improv 11,676.45 Check 103925 Date Paid:04/17/2009 Grainger ____. Amount: 101.29 Inv. 9866124796 03/25/2009 Distribution block 16.52 Inv. 9866680482 03/25/2009 Adhesive spray 24oz 59.64 Inv. 9868455578 03/25/2009 Retractable knife/magnetic drive 25.13 Check 103926 Date Paid04/17/2009 Graybow Amount: 939.33 Inv. 0066550IN 03/23/2009 NEC NP500 3000 Lumen XGA Projector 939.33 Page 10 of 16 4/21/2009 Check 103927 Date Paid:04%%17/2009 Hamel Lumber and Supply Inc Amount: 1,560.10 Inv. 67330 03/02/2009 Mar09 Hardware Supplies 41.01 Inv. 67349 03/03/2009 Mar09 Hardware Supplies 10.62 Inv. 67466 03/10/2009 Mar09 Hardware Supplies 63.12 Inv. 67528 03/11/2009 Mar09 Hardware Supplies 9.80 Inv. 67587 03/16/2009 Mar09 Hardware Supplies 177.31 Inv. 67605 03/19/2009 Mar09 Hardware Supplies 152.33 Inv. 67625 03/17/2009 Mar09 Hardware Supplies 117.88 Inv. 67707 03/23/2009 Mar09 Hardware Supplies 18.43 Inv. 67708 03/24/2009 Mar09 Hardware Supplies 60.32 Inv. 67733 03/24/2009 Mar09 Hardware Supplies 117.36 Inv. 67743 03/24/2009 Mar09 Hardware Supplies 111.99 Inv. 67766 03/25/2009 Mar09 Hardware Supplies 135.39 Inv. 67768 03/24/2009 Mar09 Hardware Supplies 66.75 Inv. 67791 03/24/2009 Mar09 Hardware Supplies 108.76 Inv. 67800 03/26/2009 Mar09 Hardware Supplies 18.57 Inv. 67860 03/30/2009 Mar09 Hardware Supplies 36.52 Inv. 67864 03/30/2009 Mar09 Hardware Supplies 266.04 Inv. 67895 03/31/2009 Mar09 Hardware Supplies 47.90 Check 103928 Date Paid:04/17 2009- mHawkins lnc _.. µAmount: 10,064.00 Inv. 3002894R1 03/23/2009 1,550gl Hydrof,275 gl Sodium Perman 10,054.00 Check 103929 -Date Pa d:w04/17%2009Shari and Dan Hill - - µAmount: 100.00 Inv. 090220 04/14/2009 Reimb for mailbox damage 100.00 Check 103930 Date Paid:04/17/2009 Hillyard Inc -Minneapolis Amount: 174.00 Inv. 7254860 03/25/2009 Machine -advanced scrubber repaired 174.00 Check 103931 -"Date Paid:04/17/2009-",rtHomeDepot Credit Services w.._._.W.. Amount: w.....__..._.-...- 1,101.46 Inv. 090327 03/27/2009 3.2/3.26.09 Hardware Charges 1,101.46 Check 103932 Date Paid:04/17%2009 Hopkins Parts Co.- mAmount: 635.89 Inv. 028374 03/25/2009 Mar09 Equipment Repair 51.09 Inv. 028476 03/04/2009 Mar09 Equipment Repair 75.01 Inv. 028712 03/10/2009 Mar09 Equipment Repair 16.60 Inv. 028720 03/10/2009 Mar09 Equipment Repair 10.97 Inv. 028726 03/10/2009 Mar09 Equipment Repair 57.13 Inv. 028803 03/11/2009 Mar09 Equipment Repair 61.95 Inv. 028821 03/11/2009 Mar09 Equipment Repair 84.69 Inv. 028866 03/12/2009 Mar09 Equipment Repair 14.14 Inv. 029034 03/16/2009 Mar09 Equipment Repair 30.91 Inv. 029218 03/18/2009 Mar09 Equipment Repair 48.00 Inv. 029295 03/19/2009 Mar09 Equipment Repair 24.80 Inv. 029624 03/25/2009 Mar09 Equipment Repair 86.52 Inv. 029625 03/25/2009 Mar09 Equipment Repair 29.82 Inv. 029667 03/26/2009 Mar09 Equipment Repair 44.26 Check 103933^ Date Paid:04//17/2009 Industryelle4 Amount: 261.13 Inv. 0117 03/09/2009 Blu Thumb yard signage fabrication 261.13 Check 103934 Date Paid:f04/17/2009 J A Larson Electrical -Co --- --- Amount: 3,683.83 Inv. 420458701 02/20/2009 Light pole rplcmnt Parkers Lake 3,683.83 Page 11 of 16 4/21/2009 Check 103935 Date Paid.04/17%2009 Kidd PlumbingIncM Aniount: 463.50 Inv. 6034 04/02/2009 1.14.09 IC piping Rink C Zamboni room 463.50 03/24/2009 Check 103936 Date Paid: 0417/2009 Lakeshore Communications LLC Amount: F 2225.00 Inv. 00119913 03/24/2009 2009 Yard & Garden Expo ad 225.00 11,880.00 Check 103937 Date' Paid:04/1V7'/"2009 Lisa Lynn Consulting rr M y Amount:-$ 445.30 ---- Inv. P109 03/04/2009 3.4.09 "True Colors/Emotional Intelligence" 445.30 43.09 Check 103943 v Date Paid:04/17/2009 training Amount: 152.30 Check 103938 03/24/2009 10# ABC fire extinguisher 152.30 02/25/2009 Date Pad:04/17%2009 Mad About Radios LLC Amount: 2,361.00 Inv. 1315 03/25/2009 FD .6 Minitor V, 1 channel VHF stored voice 2,361.00 Amount: Check 103939 Date Paid:04%17/2009 Madden's on Gull Lake Amount: $ 106.30 Inv. 090520 04/14/2009 MN NAHRO conf meal ticket/5.20/5.22.09 $ 106.30 Check 103940 ._ Date Paid04%172009 _. Matrix Laser Care Inc Amount: $ 927.62 Inv. 109775 02/23/2009 HP toner cartridge 116.09) Inv. 110756 03/24/2009 Toner for Printers 916.97 Inv. 110795 03/25/2009 HP LJ4000 126.74 Check 103941 _ Date Paid:04/17%2009 Metropolitan Area Mgmt. Assoc. Amount: 45.00 Inv. 2524 03/24/2009 2009 Membership 45.00 Amount: $ 1,433.79 Inv. 5090 03/26/2009 44 Nighthawk carbon monoxide detectors 1,433.79 Check103948 -Date Paid.04%17/2009 µCheck 103942 Date Paid04/17/2009 Metropolitan Council Amount: 11,880. 00 Inv. 090331 03/31/2009 Mar09 Sery Avail Charge 11,880. 00 Morrie"s Parts 8- Service Group Amount: $ -1,168.- 21-" Inv. 465868 03/04/2009 Cylinder asy 43. 09 Check 103943 v Date Paid:04/17/2009 Minnesota Conway Amount: 152. 30 Inv. 380927 03/24/2009 10# ABC fire extinguisher 152. 30 02/25/2009 Core return 106. 65) Inv. F6CS334964 03/24/2009 REPLACE ABS CONTROLER ON UNIT 0102 Check 103944 Date Paid:04/17/2009 MN DNR -Waters Amount: 1,000. 00 Inv. 203507 03/26/2009 Public Waters permit applic,26thAve&Teakwood $ 1,000. 00 Che6k'103945 Date Paid:04/17/2009 MN Dept of Public Safety Amount: 9. 50 Inv. 090409 04/09/2009 327'97 Lexus License tabs 9. 50 Check 103946« Date Paid04/17/2009»MN NCPERS Life Insurancex Amount: $ 1,641. 00- Inv. 090401 04/01/2009 Apr09 PERA Life Ins 1,641. 00 Check 103947 Date Paid:04/17%2009 MN Safety Councii, Inc Amount: $ 1,433. 79 Inv. 5090 03/26/2009 44 Nighthawk carbon monoxide detectors 1,433. 79 Check103948 -Date Paid.04%17/2009 µRalph Mohs Amount: $ 100.00 Inv. 090306 04/14/2009 Reimb for mailbox damage 100.00 Check 103949,- DatePaid:04/17%2009 Morrie"s Parts 8- Service Group Amount: $ -1, 168.-21-" Inv. 465868 03/04/2009 Cylinder asy 43.09 Inv. 466103 03/11/2009 Indicator asy 29.28 Inv. 466572 03/24/2009 Sensor and pum/stud 317.61 Inv. CM465613 02/25/2009 Core return 106.65) Inv. F6CS334964 03/24/2009 REPLACE ABS CONTROLER ON UNIT 0102 884.88 Check 103950-D-afe Paid:04/17/2009 Nard nni Fire Equipment Co Amount: $ 116.09 Inv. 341050 02/27/2009 PCC -10# ABC fe $ 116.09 Check 103951 Date-Paid:04/17//2009 National Camera & Video Amount: $ 45.00 Inv. 0323901 GCOY 03/23/2009 Sensor cleaning Canon digital camera $ 45.00 Check - 103952 Date Paid:04/17/2009 Robert Nesbitt Amount: $ 988.00 Inv. 090410 04/10/2009 3.30/4.10.09 GRT579 MN Joint Analysis $ 988.00 Page 12 of 16 4/ Check 103953 Date Paid:04%17/2009 Northern Safety Technology Amount: 271.52 41 V Inv. 20433 03/26/2009 Brake/clamp ring/amber dome/inner optic lens 271.52 03/25/2009 Check 103954.. Date 0aid:04f17/2009 -_ Northern Sanitary Supply Co In Amount: J$ 89.46+ n _. Inv. 134216 03/25/2009 6 -Tips, replacement 89.46 65.43 Check 103955 Date Paid:04/17%2009 Northland Business Systems Amount: Check 103963 w Date Paid:04/17%2009 Inv. 84754 03/26/2009 Olympus DS4000 75.33 Bulk Permit 1889 postage deposit Check 103956 Date Paid:04//17%2009 NSWFA Amount: 60.00 Inv. 090513 04/14/2009 5.13.09 Magy&Korsmo training 60.00 Check 103957 Date Paid:04/17/2009 Nystrom Publishing Co - Amount: 19,612.11 Inv. 22931 03/28/2009 Summer'09 P&R Activities Guide 19,612.11 Check 103958-" Date Paid:04/17/2009 Office Depot Amount: $ 613.50 Inv. 467594822001 03/18/2009 Correction pens $ 5.84 Inv. 468015094002 03/25/2009 File folder $ 27.56 Inv. 468284275001 03/25/2009 Pencil/hm lead Inv. 468306946001 03/25/2009 Dz Pencils Inv. 468446306001 03/25/2009 Inv. 468518840001 03/25/2009 Inv. 468599605001 03/25/2009 Inv. 468644228001 03/25/2009 Inv. 468745370001 03/25/2009 Inv. 468750745001 03/25/2009 Inv. 468795496001 03/25/2009 Inv. 468844510001 03/25/2009 Inv. 468844746001 03/25/2009 Tabbing divider Divider/pens/pen refill Air duster/memory foam wristrest Name badge/pert pad/divider Clipboard/private labels/invisible tape/post its/binders Memory flash Envelopes/insert dividers 50 binders Mtic Wj binder 3.95 6.01 11.18 38.44 16.74 74.52 38.08 42.56 59.95 222.05 66.62 Check 103959 Date Paid:04/17/2009 Otis Elevator Co. Amount: $ 909.09 Inv. CL24759001 02/04/2009 2.4.09 CC Elevator door repairs $ 909.09 Checkµ103960 DateyPaid:04/17%2009 pOtis Spunkmeyer Inc - Amount: 158.67 Inv. 68153591 03/25/2009 IC Concession cookie dough resupply 158.67 Check 103961 Date Paid:04%17%2009 Owens Companies Ince-, W- W----- Amount: 625.32 Inv. 27577 03/26/2009 WTP 2 air handling unit tripping out 625.32 Check 103962 - Date Paid:04/1.7/2009 New Paper -LL C- Amount: 65.43 Inv. 090331 04/14/2009 3.3/3.30.09 In House charges 65.43 Check 103963 w Date Paid:04/17%2009 n« Postmaster Amount: 4,900.00 Inv. 090410 04/10/2009 Bulk Permit 1889 postage deposit 4,900.00 Check 103964 ._ Date Pa!,-d-,:-O-",4,/-1-7-,/,20--09---P, rinters Service Inc Amount: 90.00 Inv. 240496 03/25/2009 5-77" ice knife sharp 90.00 Check 103965 Date Pa id: 04/17%2009 Qwest Amount: 1,819.84 Inv. E0676280409 04/01/2009 Apr09 E06.7628 261.74 Inv. E2325760409 04/01/2009 Apr09 E23.2576 101.00 Inv. E4404790409 04/01/2009 Apr09 E44.0479 539.03 Inv. E4404930409 04/01/2009 Apr09 E44.0493 433.63 Inv. E4405130409 04/01/2009 Apr09 E44.0513 484.44 Page 13 of 16 4/21/2009 Check 103966 Date Paid: 04/17/2009 ~ Qwest Claims Amount: w $ 118.33 Inv. A038413 04/14/2009 8.8.07 damage claim/17840 4th Ave No $ 118.33 Plymouth Check 103967 Date 0'aid:04/17/2009 _ Ra% mond Campbell Amount: $ 6,000.00 Inv. 090406 04/06/2009 Millenium Garden project $ 6,000.00 Check 103968 DatePaid:O4 .. K/ 17/1,7-"2009 R _..__...,__._- eed - BusV __ iness Information Amount: $ 150.06 Inv. 4137857 03/25/2009 3.23.09'09 Sanitary sewer lining $ 150.06 Check 103969 Date Paid:0411712009 Sherwin Williams Amount: $ 456.14 Inv. 86679 03/17/2009 20-5gl paint 456.14 Check 103970 Date Paid 04/17/2009 Shred -N Go Amount: $ 146.00 Inv. 12628 03/27/2009 Mar09 Shredding Service 146.00 f_ __. Check 103971 Date Paid:04/17/2009- Signature Concep#s inc- Amount: 54.40 Inv. 291007 04/03/2009 1 Cap/Chamion RW crew 54.40 873.00 Check 103982 _'Date Paidf: 0 411 712 0 0 9 Toll Company Amount: $ 349.00 Check 103972 VDate Paid:04/17/2009 Skyline Displays Midwest Inc Amount: 4,197.16 Inv. 89315 02/27/2009 GRT564/6'x52" Mirage Frame,etc Display for 4,197.16 MNJAC Check 103973 'Date Paid:04/17/2009 Snap-On Industrial Amount: 24.65 Inv. ARV10500192 03/18/2009 SGDTX310BR 24.65 Check '103974brvDate Paid:04/17/2009 SourceOne Graphics Inc Amount: 478.71 Inv. 54572 03/26/2009 31 -City hall vinyl name engraved 478.71 Check 103976 Date Paid:04/17/2009 Sport Sign Amount: 504.00 Inv. 09047 03/06/2009 3.13/3.14.09 Interpreter services 504.00 Check 103976 Date Paid:0411712009 Standard Truck & Auto Amount: 538.49 Inv. 332771 03/23/2009 Miscellaneous 538.49 Check 103977" Date Paid:04/17/2009 State ChemicahCo Amount: 455.77 Inv. 94125005 03/24/2009 1cs Urinal ade blue 455.77 Check 103978 Date Paid:U4/17/2009'rtStreicher's Inc - 4-- --- Amount: 540.19 Inv. CM232794 03/25/2009 2bx .38 SPL+P Practice 158gr 319.50) Inv. 1611013 03/23/2009 Name tags 7.44 Inv. 1611838 03/25/2009 1cs 9MM,9bx 9MM Practice 124gr/see credit 362.90 Inv. 1611846 03/25/2009 12 -Bore brush 21.41 Inv. 1612658 03/27/2009 6 -Gloves 467.94 Check 103979 Datee Paid: 04/17/2009 Sun Newpapers Amount: $ 217.98 Inv. 1168516 03/26/2009 Ord 2009-04 $ 75.08 Inv. 1168517 03/26/2009 Fertilizer & Weed Bids $ 42.90 Inv. 1168581 03/26/2009 Yard Expo $ 100.00 Check 103980 'Date Pa d:04%17/2009 SwansovFlo-Systems Co Amount: wT$ 432.67 Inv. 1025050 03/24/2009 Solinoid valve $ 432.67 Check 103981 Date Paid:04/17/2009 TRC Industries Inc Amount: $ 873.00 Inv. 27795 03/10/2009 FS3 2009.01 rpr/rplc exhause hose assembly 873.00 Check 103982 _'Date Paidf: 0 411 712 0 0 9 Toll Company Amount: $ 349.00 Inv. 258781 03/23/2009 10-Nic I weld 99 349.00 Check 103983 Date Pa'id04/17/2009 _.-_ Umbria Pizzeria LLC _ Amount: $ 176.00 Inv. PIC0406091 04/06/2009 2.14&2.26/3.28/4.4.09 IC concessin pizza resale $ 176.00 Page 14 of 16 4/21/2009 - Check 103984 Date Paid:04/1V7/2009 United Way w 1Y m - µ - Amount: $ 120. 00 Inv. 2009-00000121 04/13/2009 CHAR UW - United Way 120. 00 Check ' 103985 Date Paid:04%17%2009» Watson Company Amount: $ 623. 47 Inv. 769059 03/26/2009 IC Concession food resupply 711. 63 Inv. 769199 03/30/2009 Cr inv 769059 Red Baron 88. 16) Check 103986 Date Pad:04%17%2009 Workers Compensation Amount: $ 5,156. 60 Inv. 090303 04/01/2009 '09 2nd Qtr Workers Comp $ 5,156. 60 Check 103987 Date Paid:04/17%2005 „Zee Medical Service - Amow» Inv. 54108348 03/19/2009 FS3 Medical resupply $ 41. 80eEx '» ....... 7/009 ....... d id:0%12 Check. 1039$8 ' Date Pa4 Amount: 188. 95 VµInv. 913542183 03/25/2009 2.26/3.16.09 RAD,IT 188. 95 Check J 103989 Date R Paid. 04 17% 2009 Erica Anderson Amount: 470. 36 Inv. 090403 04/03/2009 4.3.09 GreenMill /yard&garden 470. 36 vendors& volunteers Check 103990 Date Paid:04/17/2009 Burnsville Fire Dept Amount: 300. 00 Inv. 090502 04/14/2009 5.2.09 Rent training facility 300. 00 Check 103991 Date Pad04/17%2009 City of Wayzata _ Amount: 422. 44 _ m_^ Inv. 090408 04/08/2009 Unit 6013 sales tax/title plates 422. 44 Check 103992 Date Paid.04%17%2009 Roberta Lynn Farris -'» Amount: 443. 54 Inv. 2009-00000109 04/13/2009 CHD SUP FARR - Child Support Roberta Farris 443. 54 Check~µ103993 Date Paid:0417/2009 Angela Haseman Amount: 55. 56 Inv. 090408 04/08/2009 4.8.09 Pizza for CFMH qtrly manager mtg 55. 56 Check- 103994 Date Paid:04%17%2009 1awrtEnforcement Labor Services Amount: 1,365. 00 Inv. 2009-00000113 04/13/2009 DUES POL - Police Union Dues * 1,365. 00 Check 103995 -Date Paid:04/17/2009 MN AFSCME Council #5 Amount: 2,532. 53 Inv. 2009-00000115 04/13/2009 DUES MTCE - Maintenance Union Dues* 2,532. 53 Check 103996 _ Date Paid:04/17/2009 MN Child Support Payment Ctr Amount: $ 1,864. 25 Inv. 2009-00000116 04/13/2009 CHD SUPPORT - Child Support* $ 1,864. 25 Check 103997 Date Paid:04/17/2009 MN Environmental Fund Amount: $ 34. 00 Inv. 2009-00000117 04/13/2009 CHAR MN ENV - MN Enviromental Fund $ 34. 00 Check 103998 Date ---P" aid:04/17/2009 Open Your Heart Amount: $ 49. 00 Inv. 2009-00000118 04/13/2009 CHAR OYH - Open Your Heart $ 49. 00 Check 103999 DateVPaid:04//17%2009.,._ PapaFJohn's-Pizza-.. ,_»- "" ..... » Amount: $ 50. 00 w Inv. 090423 04/01/2009 4.23.09 5 pizzas /Chaplain Corps meeting $ 50. 00 Check 104000 Date Paid:04/17/20-0- 9 :. w United Arts Amount: $ 2. 00 Inv. 2009-00000120 04/13/2009 CHAR UA - United Arts $ 2. 00 eck 104001 Date Paid:04% 17/ 200 9 .,.Tammy 1111ard Amount: 32.05- Ch Inv. 090413 04/13/2009 Costco/2 cork boards for office $ 32. 05 Check 104002 .. Date Paid:04/17/2009 Amount: $ 105. 00 Inv. Park - 2 04/15/2009 Parks and Rec Refund $ 105. 00 Check 104003 Date Paid:04/17/2009 Amount: $ 54. 00 Inv. Park - 5 04/15/2009 Parks and Rec Refund $ 54. 00 Page 15 of 16 4/21/ Check 104004 Date Paid:04/17/2009 Amount: $ 54.00 Inv. Park - 3 04/15/2009 Parks and Rec Refund $ 54.00 Check 104005 id:04/17/2009 Amount: $ 44.00 Inv. Park - 9 04/15/2009 Parks and Rec Refund $ 44.00 Check 104006 Dafe Paid:04/17/2009 _ Amount: f —54.00 ---' Inv. Park - 7 04/15/2009 Parks and Rec Refund $ 54.00 Check 104007 Date Paid:04/17/2009 Amount: 54.00 Inv. Park - 4 04/15/2009 Parks and Rec Refund 54.00 6_____ Check 104008 Date Paid:04/17/2009 Amount: 54.00 Inv. Park - 6 04/15/2009 Parks and Rec Refund 54.00 Check 104009 Date Paid:04/17/2009 Amount: 540.00 Inv. Park - 8 04/15/2009 Parks and Rec Refund 540.00 Check 104010 Date Paid:04/17/2009 Amount: 4.00 Inv. Park - 1 04/15/2009 Parks and Rec Refund 4,00 Total Payments: 237 Total Amount Paid: $ 968,576.30 Page 16 of 16 4/21/2009 rp)City of Agenda 6 . 0 3PlymouthNumber: Adding Quality to Life REGULAR COUNCIL MEETING April 28, 2009 To: Laurie Ahrens, City Manager Prepared by: Richard C. Kline, Fire Chief Reviewed by: Item: Donation of Building Materials 1. ACTION REQUESTED: Approve the donation of $1,500 in building materials from the Home Depot, through the Plymouth Crime and Fire Prevention Fund, to the Plymouth Fire Department. 2. BACKGROUND: On Saturday May 2, 2009, the Plymouth Fire Department will be hosting a class titled `Rapid Intervention Training. Beyond the Threshold. " The class is being offered to firefighters from throughout the state and is designed to build the skills required to save a firefighter that has become trapped inside a burning building. The class will feature challenging, hands-on, simulated training scenarios to test firefighters' ability to work in an environment that is extremely stressful. In order for this training to take place, the Plymouth Fire Department needs to appropriate building materials to build a rescue simulator. Home Depot would like to donate these building materials, valued at $ 1,500, to the Plymouth Crime and Fire Prevention Fund who will make it available for use to the Plymouth Fire Department. The Plymouth Crime and Fire Prevention Fund (PC&FPF) is a non-profit, all volunteer organization that was formed in 1978 by residents and business owners in our community. Its mission is to enhance safety and improve livability in Plymouth through the research, development, and support of special initiatives that reduce crime and prevent injury. 3. BUDGET IMPACT: This donation will have no impact upon the Fire Department Budget. The training simulator however, will be a tool that the Department can use year-round, following this training. 4. RECOMMENDATION: Approve the attached resolution to accept a donation of building materials from the Home Depot to the Plymouth Crime and Fire Prevention Fund. Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION TO ACCEPT A DONATION $1,500 OF BUILDING MATERIALS FROM HOME DEPOT THROUGH THE PLYMOUTH CRIME AND FIRE PREVENTION FUND. WHEREAS, the Plymouth Fire Department supports training that maximizes hands-on, skill development through simulated training scenarios; and WHEREAS, the Home Depot has offered to donate $1,500 in building materials required to build a firefighter rescue simulator to be used in the "Rapid Intervention Training: Beyond the Threshold" class offered to fire departments; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation is accepted from the Home Depot to the Plymouth Crime and Fire Prevention Fund. Approved this 28th day of April, 2009. Page 2 rp)City of Plymouth Agenda 6 . O 4Number: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Scott Newberger, Utilities Superintendent Reviewed by: Doran Cote, P.E., Director of Public Works April 28, 2009 Item: Approve Plans And Specifications, Pike Lake Lift Station City Project No. 8114 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving plans and specifications and ordering advertisement for bids for the above referenced project. 2. BACKGROUND: In 2003, the City identified 13 lift stations in need of renovation/replacement. The existing lift station on 6e Avenue, on the west side of Pike Lake, has been in service for since 1978 and is scheduled for replacement in 2009 in the Capital Improvements Program CIP). The current lift station is a submersible operation and is suggested to be replaced with a submersible pump station as has been the practice in lift station upgrades throughout the City. The proposed project includes the replacement of a portion of the forcemain on 601h Avenue between Hemlock Lane and the liftstation due to the number of breaks. The project also includes an a building to house the lift station controls and an on-site generator. 3. BUDGET IMPACT: This project is identified in the City's 2008 — 2012 Capital Improvements Program (CIP) and budget for construction in 2009 for a total project cost of $1,100,000. The total estimated construction cost of the lift station and force main is $365,000 and the estimated total project cost is $543,250 including design, inspection, contingencies and administration. Financing will be from the sewer fund. 4. ATTACHMENTS: MAP RESOLUTION Page 1 IV Y a\3lL 40 g J CY Z 7 City of Plymouth Sanitary Sewer 6asemap Cap 01 Slalmn Manhole Treatment Fled Force Main Sanitary Sewer Lino r Pike Lake Liftsfafion Project Na. 8114 Location Map V-6 U C3 0 (3-1 J w n 0 OC z Ui J J CO EESLU 57TH M N F mage 3' rage z, CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO APPROVE PLANS AND SPECIFICATIONS, PIKE LAKE LIFT STATION CITY PROJECT NO. 8114 WHEREAS, the City's Engineering Consultant, TKDA has prepared plans and specifications for removal and replacement of a lift station on 60th Avenue, on the west side of Pike Lake and has presented such plans and specifications to the Council for approval; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA 1. Such plans and specifications, copies of which are on file in the City Engineer's office and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in The Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published two times, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on June 3, 2009 at which time they will be publicly opened in the City Council Chambers of the Plymouth City Center building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the City Manager and that no bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. APPROVED THIS 28TH DAY OF APRIL, 2009. Page 3 1) City of Agenda 6 . O 5PlymouthNumber: v Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Scott Newberger, Utilities Superintendent April 28, 2009 Reviewed by: Doran Cote, P.E., Director of Public Works Item: Payment No. 7 and Final Payment for the Deep Well No. 16 Project, City Project No. 7114 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 7 and Final in the amount of 23,545.59 to E. H. Renner & Sons, Inc for the Deep Well No. 16 Project, City Project No. 7114. 2. BACKGROUND: The City's Water Supply and Distribution Plan portion of the comprehensive plan identifies the need for at least one additional well in the Zachary Well Field to service the current needs and future development of the City. It was determined that Well No. 16 would be located at a site on the north side of Fire Station No. 2, which is located on the northeast corner of Larch Lane and Old Rockford Road. On June 26, 2008 bids were opened and on July 8, 2008 a contract was awarded for the well drilling to E. H. Renner & Sons, Inc. During drilling, the cable tool drill rig encountered soft soils in the 250' to 280' deep range. Change Order No. 1 for the use of a rotary drill rig and to inject bentonite slurry into the well to stabilize the soil. Change Order No. 2 was needed to cover the costs incurred televising the well cavity in order to determine if additional sandstone removal was needed prior to test pumping of the well. The Jordan Sandstone was extremely soft at the site and approximately 2,100 cubic yards of sandstone was removed from the well cavity. This was double the expected amount of sandstone to be removed. The remaining work on this project has been completed and meets the project specifications. 3. BUDGET IMPACT: The original Contract amount was $293,445.00. There were 2 change orders as described above for a total of $6540.10. A total of $46,664.90 in excess quantities of sandstone removal from the well was also required during well development. The revised contract amount is $299,985.10 and the total project cost is $346,650.00. This project is included in the 2008-2012 Capital Improvements Program (CIP) and budget for a total project cost of $1,750,000. 4. ATTACHMENTS: Map Pay Request Resolution Page 1 City of Plymouth Well #16 Location Map dad Ra' CKf r -' I-- 12 " I-- 12" Raw later Main Well #16 Location Fire Station #2 d load pfd RaGK N To Well #10 Page 2 410 Oir Blonestroo awner: City of Plymouth, 3400 Plymouth Boulevard, Plymouth, MN 55447-1448 Date: March 14, 2009 or Period: 211112009 to 3110/2009 Request No: 7 AND FINAL ontractor: E.H. Renner & Sons, Inc., 15688 Jarvis Street NW, Elk River, MN 55330 CONTRACTOR'S REQUEST FOR PAYMENT DEEP WELL NO. 16 BONESTROO FILE NO. 000070-07149-0 CITY PROJECT NO- 1114 SUMMARY 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Deduction 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Retainage 0% 9 Subtotal 10 Less Amount Paid Previously 11 Liquidated damages - 12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO Recommended for Approval by: 60NESTROO Approved by Contractor: E.H. RENNER & 50 5 INC. Specified Contract Completion Date: 000070-07149-0 RFM-Finabds 293,445.00 6,540.10 0.00 299,985.10 346,650.00 0.00 346,650.00 0.00 346,650.00 323,104.41 0.00 7 AND FINAL $ 23,545.59 Approved by Owner: CITY OF PLYMOUTH ff Date: Page 3 No. Item BASE BID: 1 MOBILIZATION 2 DRIVE 30" CASING 3 PLACE 24" CASING 4 DRIVE 24" CASING 5 DRILL 24" OPEN HOLE 6 PLACE 18" CASING 7 DRILL 18" OPEN HOLE 8 GROUT ANNULAR SPACE WITH NEAT CEMENT 9 DYNAMITE DEVELOPMENT 10 BAIL 11 FURNISH, INSTALL, AND REMOVE AIR DEVELOPMENT EQUIPMENT 12 AIR DEVELOPMENT 13 FURNISH, INSTALL, AND REMOVE TEST PUMP 14 TEST PUMPING 15 CLEANUP, TELEVISE, WATER QUALITY TESTING 16 SILT FENCE, REGULAR 17 ROCK CONSTRUCTION ENTRANCE 18 SEED & MULCH TEMPORARY COVER TOTAL BASE BID ALTERNATE UNIT PRICES; 1 DRILL 30" OPEN HOLE INTO PRAIRIE DU CHIEN 2 DRILL 24" OPEN HOLE THROUGH PRAIRIE DU CHIEN 3 DRILL 24" OPEN HOLE THROUGH JORDAN TOTAL ALTERNATE UNIT PRICES Unit LS LF LF LF LF LF LF CY LB CY LS HR LS HR LS LF TON AC LF LF LF Contract Unit Quantity Price 1 20000.00 130 29500 130 134.00 30 200.00 30 180.00 190 80.00 2.10 80.00 25 400.00 200 26.00 1000 80.00 1 8000.00 100 260.00 1 6000.00 200 145.00 1 3275.00 400 5.00 40 75.00 0.3 6000.00 60 185.00 148 180.00 92 100.00 Quantity Amount to Date to Date 1 20,000.00 127 37,465.00 141 19,894.00 20 4,000.00 43.54 7,83710 204.54 16,363.20 195 15,600.00 22.86 9,144.00 52.5 1,365.00 2100 168,000.00 1 000.00 10 2,600.00 1 6,000.00 102.5 14,862.50 1 3,275.00 272 1,360.00 12.72 954.00 0.3 1,800.00 337,519,90 14 $2,590.00 000 So.00 2,590.00 CHANGE ORDER NO. 1 1 MOBILIZATION OF RIG LS 1 175.00 1 175.00 2 RIG TIME MIXING MUD AND INJECTING MUD HR 6 225.00 6 1,350.00 3 OPERATOR TIME PORTAL - PORTAL HR 8 106.00 8 848.00 4 HELPER HR 8 92.00 8 736.00 5 TREMIE PIPE 1.114" x 320 h LF 320 2.00 320 640.00 6 BOAG OF BENTONITE GEL -X POWDER EA 35 13.77 35 481.95 7 BAG OF BENTONITE GRANULAR EA 7 16.45 7 11515 TOTAL CHANGE ORDER NO. 1 4,346.10 CHANGE ORDER NO.2 1 MOBILIZATION OF VALVESIHOSES LS 1 175.00 1 175.00 2 RIG TIME FOR SETTING AND RCMDVING TREMIE PIPE LS 1 225.00 1 225.00 3 OPERATOR TIME PORTAL - PORTAL HR 3 106.00 3 318.00 4 HELPER HR 3 92.00 3 276.00 5 VIDEO WELL LS 1 120000 1 1,200.00 TOTAL CHANGE ORDER NO. 2 2,194.00 TOTAL BASE BID TOTAL ALTERNATE UNIT PRICES TOTAL CHANGE ORDER NO. 1 TOTAL CHANGE ORDER NO. 2 TOTAL WORK COMPLETED TO DATE 006070{17149-0 RFP7-FInal.>ds 337,519.90 2,590.00 4,346.10 2,194.00 346,650.00 Page 4 PROJECT PAYMENT STATUS OWNER CITY OF PLYMOUTH CITY PROJECT NO. 7114 BONESTROO FILE NO. 000070-07149-0 CONTRACTOR E.H. RENNER & SONS, INC. CHANGE ORDERS No. Date Deseriation Amount 1 12/2/2008 Change Order No. 1 - This Change Order provides for addition work for $4,346.10 this project. See Change Order. 2 1/13/2009 Change Order No.2 - This Change Order provides for additional work $ 2,194.00 for this project. 2 09/05/2008 10106/08 19,425.50 5,406.97 108,139.40 Total Change Orders $6,540.10 PAYMENT SUMMARY No. From To Pavment Retainaae Completed Material on Hand Total Payment to Date $346,650.00 Original Contract $293,445.00 3etainage Pay No, 7 AND FINAL Change Orders $6,540. 1 C l'otal Amount Earned $346,650.00 Revised Contract $299,985.10 000070-071+49-0 RFP7-Fina1.)d5 Page 5 07/15/2008 09104/08 83,306.93 4,384.58 87,691.51 2 09/05/2008 10106/08 19,425.50 5,406.97 108,139.40 10/07/2008 10130/08 10,776.80 5,974.17 119,483.40 4 10/3112008 12/01/08 64,276.05 9,357.12 187,142.40 5 1 12/02/2008 1 01/13/09 1 108,727.50 15,079.62 301,592.40 6 01/14/2009 02110/09 36,591.63 17,005.49340,109.90 7 AND FINAL 1 02/1112009 03110109 23,545.59 346,650.00 Material on Hand Total Payment to Date $346,650.00 Original Contract $293,445.00 3etainage Pay No, 7 AND FINAL Change Orders $6,540. 1 C l'otal Amount Earned $346,650.00 Revised Contract $299,985.10 000070-071+49-0 RFP7-Fina1.)d5 Page 5 CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION APPROVING PAYMENT N0. 7 AND FINAL DEEP WELL N0. 16 WELL DRILLING, CITY PROJECT N0. 7114 WHEREAS, the City of Plymouth as owner and E.H Renner & Sons, Inc. as contractor, have entered into an agreement for the Deep Well No. 16 Project, City Project No. 7114, said agreement was approved by the City Council on July 8, 2008 ; and WHEREAS, the Engineer has certified his acceptance of the work and his approval of the 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 $293,445.00, the revised contract amount was 299,985.00 and the value of work to date is $346,650.00 and is herewith approved. 2. That the work performed by the contractor for the Deep Well No.16 Project and certified to the Council by the 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. 7 and Final in the amount of $23,545.59 to E.H. Renner & Sons, Inc for the Deep Well No. 16 project is hereby approved and the City's Administrative Services Director is hereby authorized and directed to pay the same forthwith. Funding for the total project cost of $346,650.00 will be from the Water Fund APPROVED THIS 28TH DAY OF APRIL, 2009. Page 6 rp)City of Agenda 6 . O 6PlymouthNumber: Adding QoaWy to Life REGULAR COUNCIL MEETING April 28, 2009 I. ACTION REQUESTED: To: Laurie Ahrens, City Manager Prepared by: Scott Newberger, Utilities Superintendent Reviewed by: Doran Cote, P.E., Director of Public Works Receive Supplemental Feasibility Report, Order Item: Improvements and Preparation of Plans and Specifications, Four Seasons Well Rehabilitation and Raw Water Main, City Project No. 7114 Make a motion to adopt the attached resolution receiving preliminary report, ordering improvement and preparation of plans and specifications for Four Seasons Well Rehabilitation and Raw Water Main Improvements, Zachary Well Field, City Project No. 7114. 2. BACKGROUND: The City retained the services of Bonestroo, Rosene, Anderlik & Assoc. Inc. to determine if the Four Seasons Well could be rehabilitated and upgraded to provide additional raw water capacity and to prepare a report summarizing their findings (copy attached). This well is not currently connected to the Zachary Water Treatment Plant but rather is directly connected into the water distribution system. The report concluded that the well could be rehabilitated and when connected to the Zachary water Treatment Plant could produce an additional 1,400 gallons per minute (gpm) of capacity during peak demand. The Four Seasons Well site includes an existing pumping facility which will only require minimal improvements to improve operations. The Lancaster Lift Station, which is next door to this pumping facility, has a generator with adequate capacity to power the Four Seasons Well when they are connected. 3. BUDGET IMPACT: The rehabilitation of the Four Seasons Well is included with the Well No. 16 project in the 2009-2013 Capital Improvements Program (CIP) and 2009 budget for a total project cost of $1,750,000. The total estimated cost, including engineering and administration is $1,500,000. The engineer's estimate for this portion of the Well No. 16 project is $556,308. 4. ATTACHMENTS: Map Page 1 Supplemental Feasibility Report Resolution Page 2 March 26, 2049 City of Plymouth 3444 Plymouth Boulevard Plymouth, MN 55447-1448 Attn: Mr. Doran Cote Re: Supplemental Feasibility Report Four Seasons Well Facility Rehabilitation and Raw Water Main City Project No.: 7114 Bonestroo File No.: 000070-07154-0 Dear Mr. Cote: 2335 Highway 36 VV St. Paul, MN 55113 Tel 651-636-4600 Fax 651-6136-1311 www.bonesnD.com 4f Bonestroo This is a supplemental report to the Feasibility Report for the Four Seasons Well dated March 15, 2007. A copy of the feasibility report is attached for reference. The Feasibility Report recommended a phased approach to the rehabilitation of the well. The first phase was the physical investigation of the well to determine if the well could be rehabilitated and the second phase the actual rehabilitation of the well facility. This report presents the findings of the phase one investigation and an update of the cost estimate contained in the original Feasibility Report. The first phase included: 1. Test pumping of the well to determine if capacity can be increased. 2. Remove well pump, clean casing and inspect for holes in casing. 3. Perform plumbness and alignment test. The first step was performed with Mr. Greg Cook last ]une. The flow rate was measured with a hand held pitot tube meter; the meter in the building was not working. The water level was measured by an electric well sounder and the sand content was visually estimated. The first flow rate was about 1650-1740 gpm. The drawdown was 32.5 feet at a discharge pressure of 16 psi. The sand content was estimated at 3 ppm. The second test dropped the rate to 1404 with a drawdown of 31.6 feet. The water level was probably still being influenced by the previous higher flow rate as the level did not recover much. The discharge pressure was 38 psi. The sand content was estimated at 1-1.5 ppm. The Minnesota Department of Health recommends an upper limit of 5 ppm. The pump test shows that the well is capable of pumping more than its current rate of 900 gpm without additional development work. St_ Paul St. Cloud Rochester Milwaukee Chicago City OfPlYMOUth Four Seasons Well Page 2 March 26, 2009 The well pump was removed last fall and the steel casing cleaned with a stiff, circular brush. A video inspection was then made to observe the integrity of the casing. A copy of the video log is attached. The casing appeared in good condition without any evidence of holes. The well has three casings to 104 feet and two casing to 141 feet with grout in between casings. The well passed inspection. The third step was to run a plumbness and alignment test. A copy of the test results are attached. The plumbness of the well is a little outside of that recommended by American Water Works Association. However, of more concern is the alignment which determines the size of pump that can be placed in the well. Alignment is an important maintenance issue, as a crooked well will causes the line shaft to flex and fail prematurely. The alignment indicates that a 12 inch diameter pump bowl can be installed in this well. The present pump has a 10 inch bowl designed for a capacity of 900 gpm. A larger pump of higher capacity can be placed in this well. The original cost estimate for phase one was 39,000 and the final cost was $11,500. The second phase of the Four Seasons project is to rehabilitate the well facility and construct a new raw water main from the Four Seasons Well to the water main stub at Well No. 14. The rehabilitation work at the Well Facility is essentially the same as outlined in the Feasibility Report and listed on the line item cost estimate, except the well pump. The well capacity can be increased to approximately 1400 gpm based on the Phase One work. It was previously determined that the well would discharge to the Water Treatment Plant only and not to the distribution system. This criteria was used to determine the pump performance requirements. The historical pumping levels of the wells in the Zachary field were obtained from the City. This data was compared to the ground water model to predict the future pumping water level with the present and future wells operating. The new raw water main model was expanded to include the Four Seasons Well. The model was run with present and future wells operating to determine the head pressure at the Four Seasons Well. To produce 1400 gpm, a new well pump would be installed with a 12 -inch bowl assembly and a 125 HP motor. The present pump has a 100 HP motor. The electrical motor control and wiring would be sized for the larger motor. The March 2007 Feasibility Deport suggested we install the raw water main on the east side of Lancaster Lane. Upon further investigation of record plan drawings, private utilities, existing right-of-way, and a subsequent meeting with the City staff, it was determined the best alignment for the raw water main is on the north and west side of Lancaster Lane. The water main alignment is shown on the attached arial photo map. The final alignment of the east/west segment of the raw water main north of Lancaster Lane will be determine based on available right-of-way or easements. We recommend directional drilling the raw water main to minimize disturbance of the streets, pathways, Fage 4 City of Plymouth Page 3 Four Seasons Well March 26, 2009 sidewalks, landscaping, bus stop, and vehicle traffic. The estimated cost of the new water main is shown in the attached cost estimate. This cost estimate includes installing a scads conduit system equivalent to the one installed on the Well No. 16 raw water main project. The work includes directionally drilling a 3 -inch conduit and installing hand holes every three hundred feet. The scala conduit will follow the alignment of the raw water main. Cost Estimate An update cost estimate is included on the following page. The cost of the well facility rehabilitation has increased from the original feasibility report primarily due to increasing the well capacity. The original report assumed the existing well pump would be reconditioned and the same size motor control replaced. The present estimate includes costs for a new larger pump and motor along with larger VFD, motor control and wiring. The cost of piping was slightly increased in case some valves are found to be deteriorated after interior inspection is preformed. The water main costs are higher than the original feasibility report primarily due to the addition of the 3 -inch telecommunication conduit. This work was added to the Well No. 16 project and has also been added the Four Seasons Project costs. Schedule A project schedule has been prepared in a bar graph style and is attached. The Four Season work would consist of two projects, the well facility work and the water main work as the work is done by entirely different contractors. The project's timellne would parallel each other except the well facility rehabilitation work will last loner due to equipment deliveries. The water main construction would be completed in August while the rehabilitation work would be completed late October. Sincerely, BONESTROO Z; " -- -,,-: Richard W. Foster, P.E. Attachments Fage 5 Cost Estimate Four Seasons Well Facility Rehabilitation and Raw Water Main City of Plymouth, Minnesota City Project No. 7114 March 26, 2009 File No. 000070-07154-0 Item Well Rehabilitation Mobilization Well Pump Magnetic Flow Meter Revise Piping Door & Frame Ventilation Equipment Electrical Subtotal - Rehabiiitiation Mobilization Traffic Control Sawing Bituminous Pavement Remove Existing Tree Remove and Replace Bituminous Pavement Remove and Replace Bituminous Pathway Remove and Replace Concrete Sidewalk Excavate and Verify Elevation of Existing utility Fumish and Install Standard City Project Sign Cconnect to Existing Water Main 14" HDPE DR 11 DIPS - Directional Drilled 14" HDPE DR 11 DIPS - Open Cut 12" Gate Valve and Box Ductile Iron Fittings Fumish and Install Magnetized Tracer Wire Box Insulation, 4" Thick Silt Fence, Regular Inlet Protection Street Sweeper (Pickup Broom w/Operator) Topsoil Borrow (LV) Sodding, Lawn Type Seeding, Incl. MNDQT Seed Mix 270 and Fertilizer Erosion Control Blanket, Category 3 SCADA Conduit Sub -Total Raw Water Main Total Rehabilitation and Raw Water Main f 10% contingencies Total Estimated Construction Costs t 25% Project Costs Total Estimated Project Cost Yage 6 ESTIMATED UNIT QTY UNIT PRICE TOTAL PRICE LS 1 15,000 15,000 LS 1 50,000 50,000 LS 1 7,500 7,500 LS 1 5,000 5,000 LS 1 5,000 5,000 LS 1 8,000 8,000 LS 1 90,000 90,000 180,500 LS 1 12,000 12,000 LS 1 5,000 5,000 LF 300 4 1,050 EA 3 500 1,500 SY 150 45 6,750 SY 100 25 2,500 SY 25 35 875 EA 6 350 2,100 EA 2 500 1,000 EA 2 1,750 3,500 LF 1630 65 105,950 LF 250 40 10,000 EA 2 2,500 5,000 LB 750 5 3,750 EA 4 200 800 SY 20 30 600 LF 350 3 875 EA 4 200 800 HR 5 120 600 CY 100 17 1,700 SY 550 3 1,788 AC 0.5 1,000 500 SY 300 2 450 LS 1 55,000 55,000 224,088 404,588 40,459 445,046 111,262 556,308 Yage 6 cCD 4L 4r Ir Xm Ar V 4PO' is CITY OF PLYMOUTFF Report Four Seasons Well Rehabilitation and Raw Water Main Plymouth, Minnesota City Project No. 7114 File No. 000070-06142-0 March 2007 0 Bonestroo Page 9 March 15, 2007 City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 Attn: Mr. Doran Cote Re: Feasibility Report Four Seasons Well City Project No. 7114 BRAA File No. 000070-06142-0 Dear Mr. Cote: 3335 Highway 36 W 5t. Paul, MN 55113 Tel 651-636-4606 Fax 651-636-1311 www.bonewoo.cam Bonestrva We were asked by the City staff to inspect the Four Seasons well facility and determine the cost of connecting this well to the water treatment plant such that it could be used on a regular basis. In general the well and facility will need some rehabilitation. A raw water main would need to be construction from the well down the east side of Lancaster Lane to Well No. 14 located at Lancaster and Co. Rd. 9. When Well No, 14 facility was constructed a main was stubbed to the east in case the City decided to connect the Four Seasons well to the existing raw water piping system. Estimated costs have been provided for adding the Four Seasons well to the treatment system. The Four Seasons well is located on Lancaster Lane 1200 feet south of Co. Rd. No. 9, The well was constructed in 1966. The well was constructed by telescoping 3 casings into the ground as shown on the Well and Pump Record Plan. Records indicate that a cavity was created in the Jordan Sandstone to maximize the water withdrawal rate. The size of the cavity is small compared to recent City Well Nos. 14 and 15 where 1440 cubic yards and 3060 cubic yards of sandstone were removed. The more recent City wells pump 1600 to 2000 gpm. The larger capacities are in part due to the Prairie du Chien formation left open as well as the larger cavities. The Four Seasons well draws water from only the Jordan Sandstone. The well pump, as far anyone knows, is about 40 years old. The pump produces 900 gpm, although old records indicate the well was pumped at 1100 gpm without producing sand. The pump is rarely used as it is not connected to the water treatment plant. Usually it is turned on for a short time twice a year to make sure it is operational. Because of the length of time the pump has been in the well it can be assumed that it will be in poor shape when pulled. The motor is probably not a high efficiency motor and no efficiency is listed an the nameplate. The well building is a one room with walls of brick and block. Some of the exterior areas should be tuck pointed. It appears that new roofing was recently installed as evidenced by the new facia and downspout. Interior walls and piping should be painted. The well house equipment such as ventilation, heat and flow measurement are no longer functioning and need to be replaced. The steel door and frame have rusted and need replacement. The main electric service entrance was replaced when the adjacent lift station was recently re -constructed. This conversation allows St. Paul the well pump to be operated from the generator in the lift station. The 40 year old well control panel needs St. claw replacement. A new local SCADA system needs to be installed to communicate with the master control at Rochester the water plant. Milwaukee Chicago City ofPlymouth Page 2 February 13, 2007 The well would be disconnected from the distribution system in the boulevard and connected to a new raw water plain. A raw water main would be constructed from the Four Seasons Well to the water main stub at Well No. 14 generally as shown on the location map. It is approximately 1,804' between the wells. Lancaster Lane is a busy, collector type road, providing access to the Four Seasons Mall on the east side of the road. There is a bituminous trail all along the east side of Lancaster, with several trees adjacent to the trail. A bus stop shelter with wide concrete walks is located at Pilgrim Lane.. After reviewing existing maps and inspecting the water main route in more detail, it is felt that directional drilling is the best option to install a water main. Open cutting is possible, but the trail, trees, bus stop, concrete sidewalk, mall entrance and other features would be disturbed. See attached pictures showing the east side of Lancaster Lane. The directional drilling would involve several "pits" or locations where holes would be dug to connect sections of pipe together. A 16" diameter pipe can be drilled and pulled for approximately 500', so there would be several pats along the route. These pits would he located to avoid trees and other important features. The main would be buried at least 7' deep, and deeper in some sections to avoid other pipes and obstacles. The Four Seasons Well is 40 years old. For this reason we recommend a phased approach to the project. The first phase would determine if the well is worth saving. The well pump would be operated at high pumping rates to determine the rate at which the well starts pumping sand with reduced pressure pumping to the plant, the present pump may produce 1100 gpm. The size of the present motor may limit the rate of pumping at higher rates. The well pump would be removed from the well and the depth measured to determine how much fill has occurred. The well casing will be wire brushed to remove the buildup from the casing and televised to determine the integrity of the steel casing. Should the casing have developed holes, it would have to be recased with a 10 inch casing which reduces the well capacity. If the casing is found to be in good shape then the rehabilitation work on the facility and water main installation could move forward. A cost estimate is provided at the end of the report. As an option, the City could redevelop the well to make the cavity larger with the possibility of increasing the pumping rate. Jordan wells in the metropolitan area generally range from 1000 gpm to 2000 gpm. Essentially, development would include air development, dynamiting, removal of loosened sedation and test pumping. This work would be dune between Phase 1 and Phase 2. The amount of increase in pumping rate that would be achieved cannot be determined before the work is completed and the well test pumped. If successful, the well pump and motor and control panel would be enlarged for the increased flow. The cost of this work is not included in the cost estimate and could be in the $100,000 —125,000 cost range. Respectfully submitted, BONESTROO Richard W. Foster, PE Project Engineer 551-604-4840 Page 11 Cost Estimate Four Seasons Well Facility Rehabilitation and Zachary Lane Raw Water Main City of Plymouth, Minnesota February 13, 2007 File No. 000070-06142-0 ESTIMATED Item UNIT TY UNIT PRICE TOTAL PRICE Phase No. 1 - Well Investigation Remove Well Pump LS 1 4,500.00 4,500.00 Setup Well Rig LS 1 6,000.00 6,000.00 Wire Brush Casing LS 1 3,000.00 3,000.00 Television Inspection LS 1 1,500.00 1,500,00 Bail Well CY 50 180.00 24,000.00 Subtotal Phase No. 1 - Well Investigation 39,000.00 Phase No. 2 - Rehabilitation Mobilization LS 1 12,000.00 12,000.00 Well Pump LS 1 25,000.00 25,000.00 Water Meter LS 1 6,500.00 6,500.00 Revise Piping L5 1 1,000.00 1,000.00 Door & Frame LS 1 5,000.00 5,000.00 Ventilation Equipment LS 1 8,000.00 8,000.00 Electrical' LS 1 50,000.00 50,000.00 Subtotal Phase No. 2 - Rehabilitiation 107,500.00 16" Water Main- Directional Drilled LF 1,500 75.00 112,500.00 16" Water Main- Open cut LF 300 50.00 15,000.00 16" Butterfly Valve and box EA 2 3,000.00 6,000.00 Conned to Existing Main EA 2 1,000.00 2,000.00 Ductile Iron Fittings LB 2000 3.00 6,000.00 Remove and Replace Bit Trail SY 100 15.00 1,500.00 Remove and Replace concrete walk SY 100 50.00 5,000.00 Dig Test Hole EA 5 1,000.00 5,000.00 Seeding AC 2 1,500.00 3,000.00 Silt Fence LF 2000 3.00 6,000.00 Subtotal Phase No. 2 - Water Main 162,000.00 Subtotal Phase No. 2 - Rehabilitation & Water Main 269,500.00 Total Phase No. 1 and Phase No. 2 308,500.00 10% contingencies 30,850.00 Total Estimated Construction Costs 339,300.00 251/a Project Costs 84,800.00 Total Estimated Project Cost 424,100.00 Page 12 WELL DATA: DRILLER: DRILLING DATE: STATIC WATER LEVEL: PUMPING LEVEL: Qj Mr'. u 1191[$1 3D1- 390- 402- PIN,P DATA BERGERSON-CASWELL INSTALLER: BERGERSON-CASWELLMARCH1966INSTALLATIONDATE; 196729FTCAPACITY: 900 GPM, 335 FF, 1770 RPfA7CFl" 0 1100 GPM POWER: 460 VOLTS, 3 PHASE jf J, BoneStroo Rose e Andertik Associates Engineers & Architects UNIQUE WELL No.: 204272 INSTALLED; 1967 100HP, 445UPY, NRR ORPM LARGE HEAD: OR EL $97:98 SINGS: 4" 20" BOWLS IPE: 7006142WO I ,QWG WELL & PUMP FOUR SEASONS PLYMOUTH, MINNESOTA RECORD PLAN FEBRUARY 2007 FILE NO, 7006142 Page 13 Trees, bituminous trail and concrete curbing are located along the east side of Lancaster Lane. PHOTO 9. A bus stop, concrete walk and pavement are directly in the way of the proposed water main Four Seasons Well Page 14 DATE: September 17, 2008 WELL 4:16 SIZE: STATIC: NAME: City of Plymouth, Four Season PICTURE QUALITY WELL DEPTH: 395' WELL CASING DEPTH: 296' AMOUNT OF WATER: DEPTH IN FEET LOG 3' Top of Camera 22' Joint Welded 42' Joint 62' Joint 64' Static Water Level 82' Joint Welded 102' Joint 124' Joint 146' Joint 168' Joint 188' Joint 209" Joint 230' Joint 248' Pit in casing 251' Joint 272' Joint 293' Joint 296" End of casing 313' Crevices 320' Big cavern. Cloudy water after that 3951 Better I Page 15 MASTER ALIGNMENT ALIGNMENT TEST RESULTS PIPE DIAMETER 15.25 DEPTHTREND NIS TREND EIW NIS E/W DIFF DIFF NIS E1W SUM SQ 0 0.00 0.00 0.021 0.015 0.021 0.015 0.025 FT 10 0.05 0.00 0.057 0.023 0.011 0.023 0.026 FT 20 0.11 0.02 0.134 0.032 0.022 0.010 0.024 FT 30 0.18 0.03 0.211 0.0411 0.029 0.012 0.031 FT 40 0.28 0.07 0.288 0.0491 0.006 0.023 0.024 FT 50 0.36 0.14 0.365 0.0581 0.005 0.078 0.079 FT 60 0.42 0.16 0.442 0.0671 0.022 0.092 0.095 FT 70 0.55 0.18 0.519 0.075 0.026 0.107 0.110 FT 80 0.61 0.20 0.596 0.084 0.017 0.121 0.122 FT 90 0.72 0.23 0.673 0.093 0.045 0.135 0.142 FT 100 110 0.83 0.91 0.25 0.27 0,750 0.827 0.101 0.110 0.080 0.078 0.149 0.163 0.169 0.181 FT FT 120 1.08 0.30 0.905 0.118 0.171 0.177 0.246 FT 130 1.16 0.32 0.982 0.127 0.177 0.191 0.260 FT 140 1.24 0.34 1.059 0.136 0.182 0.205 0.274 FT ISO 1.32 0.36 1.136 0.144 0.188 0.219 0.289 FT 160 1.41 0.39 1.213 0.153 0.193 0.233 0.303 FT 170 1.49 0.41 1.290 0.162 0.199 0.247 0.318 FT 180 1.57 0.28 1.367 0.170 0.205 0.106 0.231 FT 190 1.65 0.29 1.444 0.179 0.210 0.112 0.238 FT 200 1.58 0.15 1.521 0.188 0.063 0.035 0.072 FT 210 1.66 0.16 1.598 0.196 0.062 0.036 0.071 FT 220 230 1.74 1.81 0.17 0.09 1.675 1.753 0.205 0.213 0.060 0.058 0.038 0.126 0.071 0.139 FT FT 240 1.89 0.00 1.830 0.222 0.057 0.222 0.229 FT 250 1.77 0.00 1.907 0.2311 0.134 0.2311 0.267 FT 260 1.84 0.00 1.984 0.2391 0.143 0.239 0.279 FT 270 1.91 0.00 2.061 0.248 0.152 0.248 0.291 FT 280 290 1.85 1.91 0.00 0.00 2.138 2.215 0.257 0.265 0.293 0.306 0.257 0.265 0.389 0.405 FT FT Max Radius 0.159 FT Pump setting of 200ft Misalignment 3.811 IN Max allowable Dia 11.439 IN 15.250 IN Trent line N/S Y=.0848x-.1128 Y=0 X= .11281.0848 X=.-1.33019 FNv Y=.0095x+.0815 Y=0 X=.0095x+.0815 X= 8.57895 Page 16 MASTER PLUMBNESS TEST Owner: City of Plymouth Engineer: Bonestroo Date: Well No.: Four Seasons Casing Diameter 15.25 Driller: Bergerson Caswell observer: Contractor: Evaluated: September 17, 2008 In. Depth: 395 DEPTH FIELD DATA IN FEET EAST SOUTH DEVIATION FROM CENTER (FT) EAST SOUTH EAST ALIGNMENT (FT) SOUTH TOTAL A1NWA LIMIT 0 0.6350 0.6350 0.000 0.000 0.000 0.000 0.000 1 0.000 10 0.6100 0.6350 0.025 0.000 0.045 0.000 0.045 0.067 20 0.5940 1 0,6270 0.041 0.008 0.112 0.022 0.114 0.133 30 0.5850 0.6270 0.050 0.008 0.182 0.029 0.184 0.200 40 0.5730 0.6190 0.062 0.016 0.282 0.073 0.291 0.267 50 0.5690 0.6100 0.066 0.025 0.360 0.136 0.385 0.333 60 0.5690 0.6100 0.066 0.025 0.420 0.159 0.449 0.400 70 0.5600 1 0.6100 0.075 0.025 0.545 0.182 0.575 0.467 80 0.5600 0.6100 0.075 0.025 0.614 0.205 0.647 0.533 90 0.5560 0.6100 0.079 0.025 0.718 0.227 0.753 0.600 100 0.5520 0.6100 0.083 0.025 0.830 0.250 0.867 0.667 110 0.5520 0.6100 0.083 0.025 0.905 0.273 0.946 0.733 120 0.5440 0.6100 0.091 0.025 1.075 0.295 1.115 0.800 130 0.5440 0.6100 0.091 0.025 1.158 0.318 1.201 0.867 140 0.5440 0.6100 0.091 0.025 1.241 0.341 1.287 0.933 150 0.5440 0.6100 0.091 0.025 1.324 0.364 1.373 1.000 160 0.5440 0.6100 0.091 0.025 1.406 0.386 1.458 1.067 170 0.5440 0.6100 0.091 0.025 1.489 0.409 1.544 1.133 180 190 0.5440 0.5440 0.6190 0.6190 0.091 0.091 0.016 0.016 1.572 1.655 0.276 0.291 1.596 1.680 1.200 1.267 200 210 0.5520 0.5520 0.6270 0.6270 0.083 0.083 0.008 0.008 1.585 1.660 0.153 0.160 1.592 1.668 1.333 1.400 220 230 240 250 0.5520 0.5520 0.5520 0.5600 0.6270 0.6310 0.6350 0.6350 0.083 0.083 0.083 0.075 0.008 0.004 0.000 0.000 1.735 1.811 1.886 1.773 0.167 0.087 0.000 0.000 1.743 1.813 1.886 1.773 1.467 1.533 1.600 1.667 260 0.5600 0.6350 0.075 0.000 1.841 0.000 1.841 1.733 270 0.5600 0.6350 0.075 0.000 1.909 0.000 1.909 1.800 280 1 0.5650 0.6350 0.070 0.000 1 1.845 0.000 1.845 1,867 290 0.5650 0.6350 0.070 0.000 1.909 0.000 1.909 1.933 Page I / City of Plymouth Four Seasons Well Total Deviation 2.500 DEPTH IN FEET AWWA LIMIT —*--TOTAL DEVIATION At LIMIT Linear (TOTAL DEVIATION) cro CD oc City of Plymouth Four Seasons Well South Deviation 2.500 2.000 1.500 0.0727x + 0.0021 1.500 2.000 2.500 SOUTH LIMIT SOUTH LIMIT A ACTUAL DEVIATION NORTH LIMIT 0 10 20 30 40 50 60 70 80 90 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DEPTH IN FEET 4—SOUTH LIMIT —40-- SOUTH LIMIT —A ACTUAL DEVIATION 0 NORTH LIMIT Linear (ACTUAL DEVIATION) 17 cra CD W 1.000 LL Z 0.500 I„ g 0.000 J 0.500 Q 1.000 1.500 2.000 2.500 SOUTH LIMIT SOUTH LIMIT A ACTUAL DEVIATION NORTH LIMIT 0 10 20 30 40 50 60 70 80 90 1011 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 DEPTH IN FEET 4—SOUTH LIMIT —40-- SOUTH LIMIT —A ACTUAL DEVIATION 0 NORTH LIMIT Linear (ACTUAL DEVIATION) 17 cra CD 17 p ulo CD City of Plymouth Four Seasons Well East Deviation G.J VyV 2.000 1.500 1.000 0.500 0.000- 0.500- 000- 0.500- 1.500 j 1.500 w 2.000 i 2.500 0 EAST LIMIT EAST LIMIT ACTUAL DEVIATION WEST DEVIATION 0 0,0.000.06 10 20 0.13 0.1 0.02 0.13 30 0.20 0.2 0.02 0.20 40 0.26 0.2 0.07 0.26 50 0.33 0.3 0.13 0.33 60 0.40 0.4 0.15 0.40 70 0.46 0.4 0.18 0.46 80 0.53 0.51-0.6 0.20 0.53 90 0.60 0.22 0.60 100 0.66 0.6 0.25 0.66 110 0.73 0.71-0.8 0.27 0.73 120 0.80 0.29 0.80 130 0.86 0.8 0.31 0.86 140 0.931.00 0.9 0.34 0.931.001.061.131,201.261.331.401.461.531.601.661.731.801.861.93 150 1.0 0,36 160170 1.061.131.20 1.0 0.38 1.1 0.40 180 1.2 0.27 190 1'.261.331.401.461.53 1.2 0.29 200 1.3 0.15 210 1.4 0.16 220 0.16 230 0.08 240 1.601.661.731.80 0.00 250 0.00 260 0.00 270 Q00 280 1.861.93 0.00 290 0.00' DEPTH IN FEET 4- EAST LIMIT --w- EAST LIMIT }ACTUAL DEVIATION o WEST DEVIATION Linear (ACTUAL DEVIATION) CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION RECEIVING REPORT AND ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE FOUR SEASONS WELL REHABILITATION AND RAW WATER MAIN, CITY PROJECT N0. 7114 WHEREAS, the City wishes to proceed with the rehabilitation of the Four Seasons Well and raw water main in 2009 as designated in the Capital Improvement Program (CII'); and WHEREAS, Bonestroo, Rosene, Anderlik and Assoc. Inc. has completed an investigation and has prepared a report that indicates the rehabilitation of the Four Seasons Well is determined to be feasible and cost effective, and that additional capacity could be achieved; and WHEREAS, plans and specifications need to be prepared in order to proceed; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, Receive report and hereby order improvement and preparation of plans and specifications for Four Seasons Well Rehabilitation and Raw Water Main. APPROVED THIS 28TH DAY OF APRIL, 2009. Page 21 rp)City of Agenda 6 . 0 7PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Robert L. Moberg, P.E., City Engineer April 28, 2009 Reviewed by: Doran Cote, P.E., Director of Public Works Approve Payment No. 2 & Final Item: Trunk Highway 55 Culvert Replacement Project City Project No. 7138, S.P. 2723-116, S.A.P. 155-010-004 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 2 and Final to Park Construction Company of Hampton, MN, in the amount of $17,377.60 for the Trunk Highway 55 Culvert Replacement project, City Project No. 7138. 2. BACKGROUND: All construction work on this project has been completed. The original contract amount was $344,252.35. After execution of Change Orders 1 and 2, the contract amount was revised to $320,172.43. The final value of work completed is 295,738.97, which is 14% below the original contract amount. Short Elliott Hendrickson, the City's consulting engineer for the project, has recommended acceptance of the completed work and final payment to Park Construction Company letter attached). The City entered into a Cooperative Agreement with Mn/DOT to fund the project. Mn/DOT has reviewed the construction and is in agreement that the work has been satisfactorily completed. 3. BUDGET IMPACT: This project is included in the 2009-2013 Capital Improvements Program (CIP) with an estimated cost of $485,000, which also includes an estimate for cleaning approximately 900 linear feet of the channel downstream of the culvert. The estimated cost of the culvert replacement work is now at $377,000 and the estimated cost of the channel cleaning is $60,000 for a total project cost of $437,000. Mn/DOT's contribution to the culvert replacement through the Cooperative Agreement is $307,000. The balance of the culvert replacement work ($70,000) will be temporarily funded by the Water Resources Fund, which will, in turn, be reimbursed by proceeds from the Tax Increment Finance District created for the Plymouth Crossroads Station development. 4. ATTACHMENTS: Map Request for Payment No. 2 and Final Recommendation Letter from SEH Resolution Page 1 Project Location - Trunk Highway 55 Culvert Repiacement Figure 1 City of Plymouth Page 2 REQUEST FOR PAYMENT DATE: February 13.200_ FOR PERIOD PLACE: Plymouth. MN _ _! FROM: 12-1-08 TO 1-30-09 . PROJECT: TH 55 Ca) Nest ivied. Lk. Dr. Culvert RMiacement Project PROJECT NO.- 7138 FILE NO.: SPECIFIED CONTRACT COMPLETION DATE: September 19, 2008 CONTRACTOR: Park Construction Co. ADDRESS: 23260 Main Street Suite 6 HamaM MN 55031 REQUEST FOR PAYMENT NO.: 2 (FINAL) SUMMARY: 1. Original Contract Amount 2. Change Order - ADDITION 3. Change Order - DEDUCTION 4. Revised Contract Amount 5. Value Completed to Date 6. Material on Hand 7. Amount Earned 8, Less Retainage 0 sla 9. Less Liquidated Damages 10. Sub -Total S 2727.00 S (26,806.92) 11. Less Amount Paid Previously 12. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: OWNER APPROVAL: By: By: Approved By: (ENGINEER) Br Approved By:(C RAC OR} By: By: S 344,252,35 S 320,172.43 S 295,738.97 S 0.00 S 295,'138.97 S 0.00 0.00 S 295,73&97 S 278 361.37 s 17,377.60 o:•rM*:—wawEcrs4mao.eoaa,i7aw:rm rrwParmeaafrw.aaa Page 3 SEH April 3, 2009 Bob Moberg, PE City Engineer City of Plymouth 3400 Plymouth Blvd. Plymouth, Minnesota. 55447 Dear Bob: R): Plymouth, Minnesota Highway 55 Culvert Replacement City of Plymouth Project No. 7138 SEH No. A-PLYM00806.00 10.00 The Highway 55 Culvert Replacement Project (City Project No. 7138) has been completed by Park Construction Co. The Contractor completed the project in a timely manner and in accordance with the approved construction documents. All required Minnesota Prevailing Wage documentation for Park Construction and their subcontractors submitted and reviewed for compliance with State Statutes. The MaWT conducted a site review and approved the project on April 3, 2009. Documentation of MnDOT's approval will be mailed directly to the City, For Project closeout, Park Construction has submitted the required IC -134x, Consent of Surety, and Lien Waivers. We recommend acceptance of the project and payment to Park Construction Co. in accordance with the Final Application for Payment for this project. Sincerely, Iay C. Murzyn, PE Project Manager lcm C. Marc Allen, Park Construction Co. yr dry o5emtgcorraRe oo nsuam&1104mw.d-- Short Elliott Hendrickson Inc., 10401 Red Circle Drive, Suite 200, Minnetonka, MN 55343.4301. SEH is an equal opportunity employer j www.sehinc.com 1 952.912.2600 1 800.734.6757 j 952.912-2601 fax Page 4 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION APPROVING PAYMENT NO. 2 AND FINAL TRUNK HIGHWAY 55 CULVERT REPLACEMENT PROJECT, CITY PROJECT NO. 7138, S.P. 2723-116, S.A.P. 155-010-004 WHEREAS, the City of Plymouth as owner and Park Construction Company of Hampton, Minnesota, have entered into an agreement for Trunk Highway 55 Culvert Replacement Project, City Project 7138, said agreement was approved by City Council on August 26, 2008; and WHEREAS, the City Engineer has certified his acceptance of the work and his approval of the 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 $344,252.35, the revised contract amount was $320,172.43, and the value of work to date is $295,738.97 and is herewith approved. 2. That the work performed by the contractor for Trunk Highway 55 Culvert Replacement Project 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. 2 and Final in the amount of $17,377.60 to Park Construction Company for Trunk Highway 55 Culvert Replacement Project is hereby approved and the City's Administrative Services Director is hereby authorized and directed to pay the same forthwith. 4. Final funding will be as follows: Mn/DOT $307,000 Water Resources Fund* $ 70,000 377,000 The Water Resources Fund to be reimbursed by proceeds from the Tax Increment Finance District created for Plymouth Crossroads Station. APPROVED THIS 28TH DAY OF APRIL, 2009. Page 5 rp) city of Agenda 6.08PlymouthNumber: Idding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Eric Blank, Director of Parks & Recreation April 28, 2009 Reviewed by: Eric Blank, Director of Parks & Recreation Item: Land Acquisition for the Northwest Greenway 1. ACTION REQUESTED: Approve the attached resolution authorizing the acquisition of six acres of property from John and Janet Hampton, located at 5815 Juneau Lane North for the price of $410,000. 2. BACKGROUND: This property is located on Juneau Lane immediately north of the property we recently acquired from the Claseman family. The approximate six acres of acquisition is depicted on the attached graphic. The property is heavily wooded on the western edge, with the eastern edge dropping down into a low wetland. The property immediately to the west is the Taryn Hills portion of the Northwest Greenway. We are asking for Council authorization to approve the purchase agreement contingent upon the creation of a plat which would separate the Greenway property from the remaining property which has the Hampton's home on it. The purchase agreement was prepared by the City Attorney's office and has been signed by the Hamptons. 3. BUDGET IMPACT: The purchase agreement is in the amount of $410,000 which equates to just over $68,000 per acre. The Park Dedication Fund will make the payment for the purchase of this property, but we do anticipate rolling the cost of this acquisition into a future bond sale. 4. ATTACHMENTS: Vacant Land Purchase Agreement Arial photograph Proposed subdivision plat Page 1 VACANT LAND PURCHASE AGREEMENT i. PARTIES. This Purchase Agreement is made on the L day of 1' 7tx rL , 20gf, by and between the CITY OF PLYi4IOUTH, a Minnesota municipal corporate , ("Buyer"), and JOHN S. HAMPTON and JANET A. HAMPTON, husband and wife ("Sellers"), 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Sellers agree to sell real property located in the City of Plymouth, County of Hennepin, State or Minnesota, legally described as provided in Exhibit A attached hereto and made a part hereof ("Subject Property"). The Subject Property is part of a larger parcel owned by Sellers, ("Sellers' Tract") which parcel is legally described in the attached Exhibit A, together with the legal description for the remaining portion of Sellers' Tract that will be owned by Sellers following the sale of the Subject Property to Buyer, ("Remainder Tract' } 3. PRICE AND TERMS. The price for the Subject Property included under this Purchase Agreement is Four Hundred Ten Thousand and 001100 Dollars ($410,000.00), which Buyer shall pay in cash on the Closing Date. 4. DEEDJMARICETABLE TITLE. Upon performance by Buyer, Sellers shall execute and deliver a Limited Warranty Deed, conveying good and marketable title of record, subject to: A. Building and zoning laws, ordinances, state and federal regulations, B. The lien of real property taxes and the lien of special assessments and interest due thereon, if any, payable in the year of closing which by the terms of this Purchase Agreement are to be paid or assumed by the Buyer. 5. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Prior Years' Delinquent Real 'Estate Taxes and Delinquent, Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by Sellers not later than the Date of Closing. B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the year of Closing based on the value of the land only shall be prorated on a square footage basis between Sellers and Buyer on a calendar year basis to the Date of Closing. Sellers shall be responsible for all real estate taxes payable in the year ofClosing based on the value of the building. Buyer shall assume installments not paid at Closing. Sellers shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable by Sellers in the year of Closing. C. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year ofClosing shall be paid by Sellers at Closing. i asp /. All Other Levied Spc6al Assessments. Sellers shall pay on the Date of Closing all other special assessments levied as of the date of this Purchase Agreement. 6, SELLERS' BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Sellers warrant that there has been no labor or material furnished to the Subject Property Cur Sellers for which payment has not been made. 7. ACCESS PRIOR TO CLOSING. Upon reasonable notice to Sellers, Buyer and Buyer's authorized agents shall have the right during the period from the date of this Agreement to the Date of Closing to enter in and upon the Subject Property in order to make, at Buyer's expense, surveys, measurements, soil tests and other tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to the Subject Property and to indemnify, hold harmless and defend Sellers from any and all claims by third persons of any nature whatgnever arising; from Buyer's right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses and attorneys' fees. Buyer shall not perform any invasive testing of the Subject Property without Sellers' prior written consent. Sellers' consent may be conditioned upon any restrictions that Sellers deem necessary. Buyer shall provide to Sellers a copy of any such surveys, measurements, soil tests or other tests within five (5) days after receipt. 8. POSSESSION. Sellers shall deliver possession of the Subject Property not later than the actual date ofclosing. 9. TITLE 'INSURANCE. Within fifteen (15) days of the date of this Agreement, Buyer shall be responsible for obtaining title evidence and reviewing title to the Subject Property. Buyer shall be allowed twenty (20) business days after the receipt of the title commitment for examination of tittle and making any objections, which shall be made in writing or deemed waived. ID. TITLE CORRECTIONS AND REMEDIES. Sellers shall have 120 days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Sellers shall, within ten (10) business days, notify Buyer of Sellers' intention to make title marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds orclosing shall not delay the closing. Cure of the defects by Sellers shall be reasonable, diligent, and prompt. Pending correction oftitle, all payments required herein and the closing shall be postponed. A. Ifnotice is given and Sellers makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled closing date, whichever is later. B. If notice is given and Sellers proceeds in goad faith to make title marketable but the 120 days period expires without title being made marketable, Buyer may declare this Purchase Agreement null and void by notice to Sellers, neither party shall he liable for damages hereunder to the other, and earnest money shall be refunded to Buyer. 142tta6v2 Page 3 C. If Sellers do not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made marketable due to Sellers' failure to proceed in good faith, Buyer may a) Undertake proceedings to correct the objections to title; or b) Rescind this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid shall be refunded to Buyer. D. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Sellers' sole remedy is to cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. E. If title is marketable, or is made marketable as provided herein, and Sellers default in any of the agreements herein, Buyer's exclusive remedy is rescission of this Purchase Agreement by notice as provided herein. If any objection is so made, Sellers shall have ten (10) business days from receipt of Buyer's written title objections to notify Buyer of Sellers' intention to make title marketable within one hundred twenty (120) days from Sellers' receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. If no such notice is given or if notice is given but title is not corrected within the time provided for, this Agreement shall be null and void at the option of the Buyer. Neither party shall be liable for damages hereunder to the other and the earnest money, if any, shall be refunded by Sellers. Buyer and Sellers agree to sign a cancellation of this Agreement. 11. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1, above and if mailed, are effective as of the date of mailing. 12. MINI NESOTA LAW. This contract shall be governed by the lags of the State of Minnesota. 13. WELL DISCLOSURE. [Check one of rhe follosfdng: ] XX Sellers certify that Sellers do not know of any wells on the Subject Property. Wells on the Subject Property are disclosed by Sellers on the attached Well Disclosure form. 14. DISCLOSURE OF INDIVIDUAL OIN-SITESEWAGE TREATMENT SYSTEM. (Check One of rhe follolving: Sellers ccrtify that Sellers do not know of any individual on-site sewage treatment systems on the Subject Property. Individual on-site sewage treatment systems on the Subject Property are disclosed by Sellers on the attached Disclosure form. 15. SELLERS'COVENANTS, REPRESENTATIONS AND WARRANTIES, A. Sellers as part of the consideration therefore, represent, %varratt, and covenant et ith Buyer 142885v2 3 Page 4 and its successors and assigns that: 1. Sellers warrant and represent to Buyer that,. to Sellers' knowledge, no entity or person has, at any time: a) "released" or actively or passively consented to the "release" or "threatened release"of any Hazardous Substance (as defined below) from any "facility" or vessel" located on or used in connection with the Subject Property or adjacent tracts in violation of applicable laws; or b) taken any action in "response" to a "release" in connection with the Subject Property or adjacent tracts, or c) otherwise engaged in any activity or omitted to take any action which could subject Sellers or Buyer to claims for intentional or negligent torts, strict or absolute liability, either pursuant to statute or common law, in connection with Hazardous Substances (as defined below) located in or on the Subject Property or adjacent tracts, including the generating, transporting, treating, storage, or manufacture ofany Hazardous Substance (as defined below) in violation of applicable law. The terns set within quotation marks above meats any substance, whether waste, liquid, gaseous or solid matter that is or is deemed to be hazardous, hazardous waste, toxic, pollutant, a deleterious substance, a contaminant or a source of pollution or contamination under any applicable environmental law. t. Sellers have the present full authority and power to execute this Agreement and to close the sale of die Subject Property. I. That Seller has not received notice of (a) any actual orpending litigation or proceeding by any organization, person, individual or governmental agency against Seller with respect to the Property or against the Property, (b) any violation of the Property's compliance with applicable fire safety laws, building code ordinances, zoning ordinances or any similar statutes, ordinances, lags, rules or regulations, (c) any condition, defector inadequacy which, if not corrected, would result in the termination of, or increase in the cost of, insurance coverage, (d) any proceedings which could cause the change, redefinition or other modification of the zoning classifications or of other legal requirements applicable to the Property or any part thereof, or (e) any pending or threatened condemnation proceeding that would affect the Property. All of Sellers' covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyces obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement, or Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction. If Buyer elects to proceed with the Closing following such discovery, Buyer shall be deemed to have waived its rights to assert a claim against Sellers arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty. 16, SELLERS' AFFIDAVIT. At closing, Sellers shall supplement the warranties and representations in this Purchase Agrcement by executing and delivering a iNlinnesota Uniform 142886v2 Page 5 Conveyancing Blank [Form No_ 11640, 11744, or l 18-iM) Affidavit of Seller. 17• CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this Agreement shall occur at a location designated by Buyer, and shall occur within 20 days after the removal of the contingencies set forth in Section 20 of this Agreement ("Closing Date"). Unless othenvise agreed by the panics in writing, in the event that any of the contingencies identified under 20 is not satisfied prior to August 28, 2009, this Agreement shall be null and void and of no further force and effect. At closing, Sellers and Buyer shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 18. CLOSING DOCUMENTS. A. At the Closing, Sellers shall execute and/or deliver to Buyer the following (collectively the "Closing Documents"): 1) Limited Warrantv Deed. A Limited Warranty Deed in recordable Corns and reasonably satisfactory to Buyer, which shall include the following well representations: "Sellers certify that the Sellers do not know of any wells on the described Subject Property." 2) Sellers' Affidavit, A standard form affidavit by Sellers indicating that on the date of Closing there are no outstanding, unsatisfied judgments, tax liens or bankrupt- cies against or involving Sellers or the Subject Property; that there has been no skill, labor or material furnished to the Subject Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Subject Property. 3) Non -Foreign Person Certification. A certification in form and content satisfactory to the parties hereto and their counsel, properly executed by Sellers, containing such information as shall be required by the Internal Revenue Code, and the regulations issued thereunder, in order to establish that Sellers are not a foreign person" as defined in §1445(l)(3) of such Code and such regulations. 4) 5-tol'age Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 115.48. 5) Well Certificate. If there is a well located on the Subject Property, a well disclosure certificate in form and substance true to form for recording. 6) Certification, A certification that the representations and/or wartantics made by Sellers are materially the same as %4ere in existence on the date of this Agreement or noting any changes thereto; and 7) Other Documents. All other documents reasonably determined by either party and the title insurance company to be necessary to transfer and provide title insurance for the Subject Property, B, At the Closing, Buyer shall execute and deliver to Sellers the following: 1) All documents reasonably determined by either party and the title insurance company to be necessary to provide title insurance for the Subject Property; 2) Payment of the Purchase Price. 142886v2 Page 6 19. CLOSING COSTS. The costs retating to the closing of this transaction shall be paid as follows: A. Buyer shall pay: l) Recording fee for die Limited Warranty Deed; 2) The closing fee charged by the Title Company; 3) The premium for owner's title insurance, including survey coverage; 4) State deed tixc; 5) Conservation fee attributable to the Limited Warranty Deed; and b) Costs associated with City approval of the Hampton Glen plat for the conveyance under the Limited Warranty Deed; 1 Sellers shall pay: 1) All costs of obtaining a title 'insurance commitment. 20. ADDITIONAL TERMS. A. Buver's Contingencies. Buyer's obligations ander this Agreement are cnntingent upon the following ("Buyer's Contingencies") expressly contingent upon Buyer's satisfaction with each of the following prior to Closing; l) The representations and warranties of Sellers set forth in this Agreement must be true as of the date of this Agreement and on the Closing Date, and Sellers shall have delivered to Buyers at Closing a certificate dated the Closing Date, signed by Sellers, certifying that such representations and warranties are true as of the Closing Date. 2) Buyer determining on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of matters disclosed by a Phase I Environmental Audit or by any enviro:unentsl/engineering investigation or testing of the Subject Property perforul cl by Buyer or Buyer's agent. By executing. this Agreement, Sellers hereby authorize Buyer to enter upon the Subject Property at reasonable times to conduct the investigations and/or tests described herein. Buyer shall be solely responsible for all environmental tests and shall hold Sellers harmless from any such cost's and shall indemnify Sellers for breach of this provision including reasonable attorneys' fees. 3) All necessary City and County approvals have been obtained for the filing and recording of the Hampton Glen plat together with any necessary consents to plat. Sellers aerec to provide all reasonable assistance necessary for approval and recording of the plat and required consents to plat. 4) City approval of a variance for the Remainder Tract and Home located on the Remainder Tract. B. Seller's Quatinuncles. Seller's obligations tinder this Agreement are contingent upon the following ("Seller's Contingencies")expressly contingent upnn obtaining City approval ofa permanent and transferable lot size variance for the Remainder Tract and Home located on 1c188n'v2 Page 7 ft. - — tilt Remaind4 r Tact. 2 [. ADDENDA, Attached are no addenda which are mad. a part of this Purchase Aareemcnt. 22. TINE fS OF THE ESSENCE. Time is of the essence for all protissions of this PufaF ss Arrcminent. 23. lNeWLTr3'LI? Cjte1CANALS. S Iters and Buyer have sired Imemberl originals of this Purchase Agreetnent. I agree to buy the Subjccr Property for the price and terms and conditions set rorth ahm t. RLWER; CITY 0ei'LYMOUT1i IN . 85 Dated. An& We a°r".c to sell the Suhicct Proper% for the price and wmu and conditions set Garth above. hn S. Ida+npt n Ianet A. Hampton 142836v2 7 Page 8 EXHIBIT A SELLER'S TRACT; The South 330.45 feet of the West Half afthe Northeast Quarter of Section 4, Township l 18 North, Range 22 West, Hennepin County, Minnesota. SUBJECT PROPERTY: That part of the South 330.45 feet of the West half of the Northeast Quarter of Section 4, Township 118, Range 22, Hennepin County, Minnesota, lying West of the following described line: Commencing at [lie Southeast corner of said Northeast Quarter; thence North 89 degrees 42 minutes 28 seconds West, assumed bearing along the South line of said Northeast Quarter, a distance of 1836.52 to the point of beginning of said line to be hereinafter described, thence North 00 degrees 08 minutes 04 seconds East a distance of 330.45 feet to the North line of said South 330.45 feet of the West half of the Northeast Quarter and said line there terminating. To be platted as Lot 1, Block 1, Hampton Glen, according to the recorded plat thereof, Hennepin County, Minnesota Exact legal description pursuant to Commitment for Title Insurance and in accordance with survey and plat as provided hereunder to govern. REMAINDER TRACT: That part of the South 330.45 feet of the West half of the Northeast Quarter of Section 4, Township 118, Range 22, Hennepin County, Minnesota, lying West of Juneau Lane and lying East of the following described line: Commencing at the Southeast corner of said Northeast Quarter; thence North 89 degrees 42 minutes 28 seconds West, assumed bearing along the South line of said Northeast Quarter, a distance of 1836.62 to the point of beginning of said line to be hereinafter described; thence North 00 degrees 08 minutes 04 seconds East a distance of 330.45 feet to the North line of said South 330.45 feet of the West half of the Northeast Quarter and said line there terminating. To be platted as Lot 2, Block 1, Hampton Glen, according to the recorded plat thereof, Hennepin County, Minnesota Exact legal description pursuant to Commitment for Title Insurance and in accordance with survey and plat as provided hereunder to govern. I4288Gv2 e Page 9 C . N- ,- - Pc wi a .! q _ J Y r! ` Y4 k t T r °, - ni :_ i-, Y _ _ S`. i . j a S _ y Y i .. r a' .. r.S' 'Vi=i. • ' i.. 1" _ f .. f Y1 E'+ a i' i r _ . .. `.. w. s '_ 7 / , F1 i s. J 4 .. l " 4, sr r; -ut- a _ Yet Y •, , , kk _ -. t t 5 a ` ,,yid j'j}j, i - _ v . f f - a Y; ," fir_ j G. - l-aa ' l T- 4411.[ 7 Y T ) 1 Y HAMPTON ADDITION IN BLOCK L----- - - - - - - - - 7 WS8 CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION FOR ACQUISITION OF PROPERTY FOR THE NORTHWEST GREENWAY WHEREAS, the Director of Parks and Recreation has negotiated a purchase of six acres of property at 5815 Juneau Lane; and WHEREAS, the purchase price has been agreed to at $410,000; and WHEREAS, the City Attorney's office has developed a purchase agreement which has been signed by John and Janet Hampton for the sale of property at 5815 Juneau Lane; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the purchase agreement in the amount of 410,000 is hereby approved; and further, that the Mayor and City Manager are authorized to sign said purchase agreement; and further, that the purchase agreement is contingent upon the filing and completion of a plat of the Hampton property, separating the approximate six acres of Greenway from the rest of the Hampton property; and further, that the funding for this project will come from Park Dedication Funds, but it is anticipated that in the future the cost of this project will be rolled into a future bond sale for open space property. APPROVED THIS 28TH DAY OF APRIL. Page 12 City ofrp)Plymouth Agenda 6.09 .O9Number: Adding Quoiity fo Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Thomas Vetsch, Public Works Superintendent April 28, 2009 Reviewed by: Doran Cote, P.E., Director of Public Works Approve Lease with New Cingular Wireless PCS, LLC Item: to Mount Telecommunication Equipment on the Water Tower Located at 4000 Highway 101 1. ACTION REQUESTED: Make a motion to adopt the attached resolution authorizing the Mayor and City Manager to execute an agreement with New Cingular PCS, LLC, (also known as AT & T) to locate communication antennas on the City's water tower located at 4000 County Road 101. 2. BACKGROUND: As a result of deregulation of the telecommunication industry and the advancement of newer technology, private companies are continuing to offer new or improve wireless telecommunication services in this area. These services include cellular telephones for personal communication. In the summer of 1996, the City revised the zoning ordinance to have current zoning provisions for the location of towers and antennas. The zoning ordinance encourages the locating of these new antenna systems on public structures such as water towers. On October 2, 1996, the City Council adopted a policy regarding the locating of these antennas on City property or City water towers. The City has received an application from New Cingular PCS, LLC to locate antennas on the Water Tower at 4000 County Road 101. The City currently has leases on this tower with Sprint, Nextel, and T- Mobile. A structural analysis will be performed before any work begins to verify that the water tower is capable of supporting this type of antenna. This will be paid for by the user. Also, general specifications have been prepared on the modifications to the water tower which will be required to support the antennas. All new antennas and supporting structure on the water tower will be required to be painted to blend in with the existing water tower, as necessary. The antennas for this type of service consist of six panels at 30, 150 and 280 degrees with a shelter of 11'5" x 20' located in a lease space of 20' x 30'. Page 1 The City Attorney has reviewed and approved an agreement for the use of the City water towers for these antennas. The basic provisions are as follows: This agreement is for the ater water tower located at 4000 County Road 101. There are attachments to the agreement indicating the location of the water tower and the detailed information on the installation of the antennas and ground equipment for this tower. Any additional maintenance expense incurred by the City for the water tower as a result of the antennas is the responsibility of New Cingular PCS, LLC. The lease is for a five year initial term with New Cingular PCS, LLC having the option to renew the agreement for three additional five year terms. The fee which must be paid to the City, on or before commencement for the first year of the initial five year term is $18,500 and thereafter for the duration of this agreement the annual fee shall increase by three percent 3%) each year. New Cingular PCS, LLC is responsible to pay the personal property taxes which will be assessed by the County for their equipment. The standard insurance and other provisions deemed necessary by the City Attorney are included in the agreement. 3. BUDGET IMPACT: The agreement requires New Cingular PCS, LLC to pay all additional costs incurred on maintenance of the water tower as a result of their antennas. For this reason, there will be no budget impact associated with maintenance of the water towers. The City will receive a minimum payment of $18,500.00 to locate antennas on this water tower. In accordance with the City adopted policy, one- half of these funds would go to the Water Fund, and one-half to the General Fund. ATTACHMENTS: Lease Agreement Resolution Page 2 AGREEMENT between CITY OF PLYMOUTH and NEW CINGULAR WIRELESS PCS, LLC Dated: 12009. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 RNK: srn Page 3 SECTION ONE PROPERTY AND PREMISES....................................................................... 1 SECTION TWO USE AND MAINTENANCE.......................................................................... 2 SECTION THREE TERM.......................................................................................................... 5 SECTIONFOUR FEE.................................................................................................................. 6 SECTION FIVE INTERFERENCE............................................................................................ 6 SECTION SIX IMPROVEMENTS; UTILITIES; ACCESS .................................................... 8 SECTION SEVEN TERMINATION.......................................................................................... 9 SECTIONEIGHT TAXES....................................................................................................... 11 SECTION NINE INSURANCE................................................................................................. 12 SECTION TEN DESTRUCTION OF PREMISES................................................................. 13 SECTION ELEVEN CONDEMNATION................................................................................. 13 SECTIONTWELVE NOTICES............................................................................................... 13 SECTION THIRTEEN INDEMNITY..................................................................................... 14 SECTION FOURTEEN ASSIGNMENT.................................................................................. 15 SECTION FIFTEEN BINDING EFFECT; SUCCESSORS AND ASSIGNS ......................... 16 SECTION SIXTEEN WAIVER OF CITY'S LIEN................................................................. 16 SECTION SEVENTEEN MISCELLANEOUS........................................................................ 17 EXHIBIT "A" PROPERTY EXHIBIT "B" PREMISES EXHIBIT "C" EQUIPMENT AND FACILITIES EXHIBIT "D" CITY POLICY Page 4 AGREEMENT THIS AGREEMENT ("Agreement") is entered into this , 2009, between the CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447-1482 ("City"), and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 5405 Windward Parkway, Alpharetta, GA 30009. FOR GOOD AND VALUABLE CONSIDERATION, the parties agree as follows: SECTION ONE PROPERTY AND PREMISES Subject to the following terms and conditions, City hereby grants to Operator the non- exclusive right to utilize, for the purposes outlined herein, a portion of the real property at 4000 County Road 101, Plymouth, Minnesota (the "Property") described in Exhibit "A" attached hereto, and Operator shall have the exclusive use of that portion of the Property designated as exclusive" on Exhibit `B" attached hereto. Operator's exclusive use of the Property shall be limited to that portion of the Property which is shown on Exhibit `B" and the specific areas where Operator's antennas, panels, waveguide, structures and other external equipment are located as described in detail on Exhibit "C" attached hereto, together with non-exclusive easements for access and utilities (collectively the "Premises"). The primary purposes of the City's ownership of the Property (the "Primary Purposes") is to: (a) operate and maintain a municipal water tower (the "Tower") so as to provide water service to residents of Plymouth; b) provide a well for water supply; and/or (c) provide a maintenance facility for City use. Page 5 SECTION TWO USE AND MAINTENANCE A. The Premises shall be used by Operator solely for the purpose of constructing, maintaining, and operating a communications facility thereon and uses incidental thereto which are not inconsistent with the City's use of the Property. Operator shall have the right to place on the Premises, at its own cost and expense, certain equipment. The equipment and structure to be located upon the Premises shall blend in with its surroundings and is described in detail on Exhibit "C" attached hereto. The design, screening, and aesthetics of the antennas, panels, waveguide, structures and other external equipment ("Antenna Facilities") is described in detail on Exhibit "C" attached hereto. Operator, upon notice to City, may replace the aforementioned equipment with smaller or similar sized equipment provided said replacement does not increase the tower loading of the water tower. Any other proposed alterations or modifications to the exterior of the structure or external equipment shall be approved by City before such alterations or modifications are undertaken, and which approval shall not be unreasonably withheld, conditioned or delayed. B. Pursuant to Operator's regulatory communication licenses and subject to the terms of this Agreement, Operator may have use of the Premises for the transmission and reception of communication signals in the frequencies permitted by the Federal Communication Commission for communications, and for the construction and maintenance of related facilities. The use of the Premises by Operator under this Agreement shall at all times be in accordance with the Policy Statement Regarding the Use of City Owned Land for Wireless Telecommunications Antennas and Towers attached hereto as Exhibit "D." If there is a conflict between the terms of the Policy Statement and the terms herein, the terms herein shall control. Subject to the terms herein, City agrees to cooperate with Operator in obtaining, at Operator's Page 6 expense, all licenses and permits required for Operator's use of the Premises (the "Governmental Approvals"). In addition, as long as the foregoing activities do not materially interfere with the City's use of the Property, City agrees to allow Operator to perform, at its own expense, surveys, soil testing and other engineering procedures on, under, and over the Property necessary to determine that Operator's use of the Premises will be compatible with Operator's engineering specifications, system design and Governmental Approvals. C. Operator agrees to pay for the cost of utility service including emergency power, if any. Operator shall provide separate meters for all utilities. D. Operator shall be allowed reasonable unrestricted access to its building and equipment located outside of the water tower twenty-four (24) hours a day, 365 days a year for the purposes of above stated use of the Premises. If City maintenance employees are called in after regular working hours for access to the interior of the water tower, the Operator shall reimburse the City for costs incurred. E. Operator shall not utilize the Premises to transmit at any unauthorized frequencies. F. Maintenance. 1. Operator shall, at its own expense, maintain any of Operator's equipment on or attached to the property in a safe condition, in good repair, and in a manner reasonably suitable to City so as not to conflict with the use or other leases of the property by City. Subject to the specific and controlling interference provisions in Section 5, Operator shall not unreasonably interfere with the working use of the property, related facilities, or other equipment of additional lessees. Page 7 2. Operator shall have sole responsibility for the maintenance, repair, and security of the Premises and shall keep the same in good repair and condition during the Lease term. 3. Operator must keep the Premises free of debris and anything of a dangerous, noxious or offensive nature, or which would create a hazard, undue vibration, heat, noise, interference, etc. 4. In the event the City repaints, repairs, or maintains its Tower, City shall give Operator thirty (30) days' written notice of the scheduled date of the project, and it shall be the responsibility of the Operator to provide adequate measures to cover Operator's equipment, personal property, or Antenna Facilities and protect such from paint and debris fallout or damage which may occur during the paint restoration, repair, or maintenance process. 5. Any additional expense of repainting, repairing, or maintaining City's property caused by Operator's Antenna Facilities, shall be paid promptly by Operator to City upon City's notice to Operator of such additional cost. 6. Subject to Paragraph 4 above, Operator shall remove its Antenna Facilities at Operator's cost, upon reasonable notice to allow maintenance, repair, repainting, restoration, or other activity as required by City. There may be scheduled interruptions in use of the Antenna Facilities. Except in the case of an emergency, the City shall give Operator thirty (30) days' notice of repair, repainting, or restoration. In case of an emergency, City may order Operator to cease operation of its Antenna Facilities, but shall notify Operator by telephone within a reasonable time. An "emergency" shall be deemed to exist only in those situations which constitute an immediate threat to the health or Page 8 safety of the public or immediate danger to the property. In the event the use of Operator's Antenna Facilities is interrupted, Operator shall have the right to maintain mobile communications sites on wheels on the Property or, after approved by City, on any land owned or controlled by City in the immediate area of the Property. G. Compliance with Statutes, Regulations, and Approvals. It is understood that Operator's use of the property herein is contingent upon its obtaining all certificates, permits, zoning, and other approvals that may be required by any federal, state, or local authority including engineering study, radio frequency interference study, etc.). Operator's Antenna Facilities and any other facilities shall be erected, maintained, and operated in accordance with site standards, state statutes, rules, and regulations now in effect or that thereafter may be issued by the FCC and related governing bodies. SECTION THREE TERM The term of this Agreement shall be five (5) years ("Initial Term"), commencing August 1, 2009 or upon first day of the month following commencement of construction of Operator's facility, which ever first occurs (the "Commencement Date") and terminating at midnight on the last day of the month in which the fifth anniversary of the Commencement Date shall have occurred. Operator shall have the right to extend this Agreement for three (3) additional five-year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein. This Agreement shall automatically be renewed for a Renewal Term unless Operator shall notify City of Operator's intention not to renew this Agreement at least thirty (30) days prior to the expiration of the term or any Renewal Term. Prior to the expiration of the third Renewal Term, City and Operator may negotiate the extension of this Agreement for an additional five (5) year term on terms acceptable to City and Operator. Page 9 SECTION FOUR FEE A. On or before the Commencement Date, Operator shall pay City, as a fee for the first year of the Initial Term, an annual fee of Eighteen Thousand Five Hundred Dollars 18,500.00) and thereafter for the duration of this Agreement the annual fee shall increase by three percent (3%) each year, and shall be payable on or before the anniversary of the Commencement Date at City's address specified in Section Twelve below. SECTION FIVE INTERFERENCE Operator's installation, operation, and maintenance of its transmission facilities shall not damage or interfere in any way with City's Tower's operations or related repair and maintenance activities. Operator agrees to cease all such actions, which materially interfere with City's use of the Tower for its Primary Purposes immediately upon actual notice of such interference; provided, however, in such case, Operator shall have the right to terminate this Lease. City, at all times during this Lease, reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the property in connection with Tower operations as may be necessary. The City agrees to give reasonable advance notice of any such activities to the Operator and to reasonably cooperate with Operator to carry out such activities with a minimum amount of interference with Operator's transmission operations. Before placement of Antenna Facilities, Operator shall provide City with an interference study acceptable to City, indicating that Operator's intended use will not interfere with any existing communications facilities on the Tower. Operator shall have a structural engineering study completed, indicating whether the Tower is able to structurally support Operator's additional Antenna Facilities without prejudice to the City's primary use of the Tower as a water storage, public works, and public safety communications facility. Page 10 City in no way guarantees to Operator subsequent noninterference with Operator's transmission operations, provided, however, that in the event any other party, except a governmental unit, office, or agency for the non-competitive use of antennas that are located more than fifteen (15) feet from Operator's antennas, requests permission to place any type of additional antenna or transmission facility on the property, the procedures of this Section Five shall govern City's responsibilities, if any, in regard to whether such antenna or transmission facility will interfere with Operator's transmission operations. An emergency, city, public works, or public safety governmental unit may be allowed to place antenna or other communications facilities on the Tower for non-competitive uses regardless of potential or actual interference with Operator's use, provided, however, that the antennas are located more than fifteen (15) feet from Operator's antennas. If Operator's use of the property is materially affected by emergency, city, public works, or public safety governmental unit antennas for non- competitive purposes located more than fifteen (15) feet from Operator's antennas, Operator may terminate this Lease without penalty. If City receives any such request from an entity requesting to use the property for communications purposes ("Requester"), City shall submit the Requester's proposal, complete with all technical specifications reasonably requested by Operator, to Operator for review for noninterference. Operator shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by Operator to the installation of antennas or transmission facilities pursuant to said proposal. If Operator gives notice of objection due to interference during such thirty - 30) day period and Operator's objections are verified by City to be valid, then City shall not proceed with such proposal. The Requester shall be responsible for the expenses incurred in any Page 11 independent validation of Operator's interference objections; provided, however, should the independent analysis conclude that Operator's interference objections are invalid, Operator shall be responsible for any independent validation fees. An emergency, city, public works, or public safety governmental unit may be allowed to place antenna or other communications facilities on the Tower for non-competitive uses regardless of potential or actual interference with Operator's use, provided, however, that the antennas are located more than fifteen (15) feet from Operator's antennas and provided, however, if Operator's use of the property is materially affected, Operator may terminate this Lease without penalty, and provided further, that if a Requester is granted approval to use the property for communications purposes and thereafter Operator's use of the property is materially affected, Operator shall have the right to terminate this Lease without penalty and shall have the right to seek relief against such Requester, including damages and/or injunctive or other equitable relief, provided that there shall be no liability to City. Operator's use and operation of its facilities shall not interfere with the use and operation of other communications facilities on the Tower, which pre-existed Operator's facilities. If Operator's facilities cause impermissible interference, Operator shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, Operator shall immediately cease operating its facilities until the interference has been eliminated. If the interference cannot be eliminated within ninety (90) days, Operator may terminate this Agreement. SECTION SIX IMPROVEMENTS; UTILITIES; ACCESS A. Operator shall have the right, at Operator's expense, to erect and maintain on the Premises the equipment listed on Exhibit "C" of this Agreement. Page 12 B. Operator shall have the right to install utilities, at Operator's expense, including, but not limited to the installation of emergency power generators. Operator shall have the right to permanently place utilities on the Premises in order to service the Premises and the facilities described in this Agreement. Upon Operator's written request, City shall execute a permit in favor of Operator evidencing Operator's right to construct a utility. C. City represents and warrants to Operator that Operator shall enjoy vehicular and pedestrian ingress, egress, and access from a public road to the Property adequate to service the Premises and the equipment described on Exhibit "C" at all times during this Agreement at no additional charge to Operator, except as provided in Section Two, Subparagraph D. Operator shall be allowed to access the water tower for maintenance and repairs of the equipment described on Exhibit "C" upon twenty four (24) hours notice to City. In the event of an emergency, Operator shall not be required to give notice to City, but, in such event, Operator shall make reasonable efforts to notify City of Operator's intent to access the water tower. Operator shall conduct all repair, replacement and maintenance operations in accordance with applicable OSHA regulations or other occupational and safety regulations pertaining to such operations. D. The City may require that background checks be completed on all individuals who request access to The Property. Background checks performed by the Operator requesting access for its employees cannot be used in substitution of City's background check. City reserves the right to refuse access to The Property based on the results of the background check. City will update the background checks annually. The following guidelines represent the procedures, duties and responsibilities of City and Operator with respect to access to the Property: Page 13 i. Background Checks. Individuals, groups, and companies requesting access to the Property on behalf of Operator shall submit the name of the Operator and other pertinent information regarding the access request to City's Utility Division as set forth below. Information must be received sufficiently in advance of the visit to the Property to allow for the completion of a background check. The City's Utility Division will provide the information to the Plymouth Police Department who will complete the background check. The Police Department will return the results of the background check to the Utility Division for review and disposition. Information provided to the City concerning background checks will be maintained on file for one year. ii. Procedures. All individuals must present appropriate state, federal, or company issued photo identification before access is granted to the Property. All individuals, regardless of the status of the background check, will be escorted by City personnel when working within the water tower. Individuals with a completed, approved background check will be allowed to work within the Premises unescorted, subject to escort requirements for work within the water tower. Individuals without a completed background check will be escorted while they are working in or around the Property. Operator shall contact the City's Utility Department at 763-509-5999 from 7: 00 a.m. - 3 :00 p.m. central time Monday through Friday or the Hennepin County Dispatch at 763-525-6210 at all other times to obtain access to the Property. Page 14 SECTION SEVEN TERMINATION A. Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability, as follows: (1) by either party upon a material default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties at law, in equity, or pursuant to any other provisions hereof), unless such default may not be reasonably cured within a 60 -day period, in which case, this Lease may not be terminated if the defaulting party commences action to cure the default within such 60 -day period, proceeds with due diligence to fully cure the default, and thereafter cures the default; (2) by Operator, immediately upon notice to City, if it is unable to obtain or maintain any license, permit, or other governmental agency approval necessary to the construction and/or operation of the equipment described in Section 2, Subparagraph A or Operator's business; (3) on thirty (30) days' written notice by Operator if the Premises are or become unacceptable under the Operator's design or engineering specifications for the communications system network to which the facilities belong; or (4) by City on thirty (30) days' written notice to Operator if it determines based on a recommendation of a structural engineer registered in the State of Minnesota that the Tower is structurally unsound, including, but not limited to, consideration of age of the structure, damage or destruction of all or part of the property or Tower from any source; or (5) by Operator, if Operator has had to cease operation of its Antenna Facilities pursuant to Section 2(F)(6) above due to the City's determination that continued use of the property by Operator is in fact an Page 15 immediate threat to health or safety; or (6) by City, on twelve (12) months' written notice, if City elects to remove the existing water tower from the property. B. If this Agreement is terminated, fee shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of fee, all prepaid fees shall be refunded to Operator within ninety (90) days of said termination. C. Upon termination, Operator shall promptly remove the equipment described in Section 2A and restore land and property to its original condition, excluding ordinary wear and tear. Operator shall submit a letter of credit or performance bond (in a form acceptable to Operator's surety) or other form of security, which alternate form of security must be acceptable to the City, to cover the costs of removal. SECTION EIGHT TAXES Operator shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the equipment described in Section 2, Subparagraph A. City shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. Notwithstanding the foregoing, Operator shall pay, as additional fee, any increase in real property taxes levied against the Premises for the period from the Commencement Date through to termination of this Agreement which is directly attributable to Operator's use of the Premises, and City agrees to furnish proof of such increase to Operator. If there is more than one operator using the Property, Operator shall pay its proportionate share of such increase. Operator's proportionate share of the real estate taxes shall be the percentage determined by dividing the amount of Operator's exclusive space on the Property by the total amount of exclusive space leased to or used by all users of the Property. Page 16 City shall provide to Operator a copy of any notice, assessment or billing relating to real estate taxes for which Operator is responsible under this Agreement within ten (10) days of receipt of the same by City. Operator shall have no obligation to make payment of any real estate taxes until Operator has received the notice, assessment or billing relating to such payment as set forth in the preceding sentence. In the event City fails to proved to Operator a copy of any real estate tax notice, assessment or billing within the ten (10) day period set forth herein, Operator shall be relieved of any obligation or responsibility to make payment of real estate taxes referred to in the notice, assessment or billing which was not timely delivered by City to Operator. Operator shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any real estate tax assessment or billing for which Operator is wholly or partly responsible for payment under this Agreement. City shall reasonably cooperate with Operator in filing, prosecuting and perfecting any appeal or challenge to real estate taxes as set forth in the preceding sentence, including but not limited to, executing any consent to appeal or other similar document. SECTION NINE INSURANCE A. Operator shall maintain commercial general liability insurance insuring Operator against liability for personal injury, death or damage to personal property arising out of use of the Premises by Operator with combined single limits of not less than One Million and 00/100 Dollars ($1,000,000.00). Operator shall also maintain fire and extended coverage insurance insuring Operator's personal property for its full insurable value (subject to reasonable deductibles). City shall maintain general liability insurance insuring City against liability for personal injury, death or damage to personal property arising out of its ownership, use and Page 17 management of the Premises by City, or its agents, with combined single limits of not less than Six Hundred Thousand Dollars ($600,000.00). City shall maintain property and casualty insurance on all improvements to the Property, including the water tower structure. Notwithstanding anything in this Agreement to the contrary, each party releases the other party from all liability, whether for negligence or otherwise, in connection with a loss covered by any policies which the releasing party carries with respect to the Premises, but only to the extent that such loss is collected under such insurance policy(s). Any policy required to be obtained pursuant to this Section 9 shall contain a Waiver of Subrogation in favor of the other party hereto. B. Operator shall provide City with proof of workers' compensation insurance covering all of Operator's employees and agents who access the Premises. SECTION TEN DESTRUCTION OF PREMISES If the Premises or the Operator's facilities located thereon are destroyed or damaged so as, in Operator's judgment to hinder the effective use of the Premises as a communications facility, Operator may elect to terminate this Agreement as of the date of the damage or destruction by so notifying the City not more than forty-five (45) days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Operator shall be entitled to the reimbursement of any sums prepaid by Operator. SECTION ELEVEN CONDEMNATION If a condemning authority takes all of the Property, or a portion sufficient, in Operator's determination, to render the Premises unsuitable for the use which Operator was then making of the Premises, Operator may terminate this Agreement as of the date the title vests in the Page 18 condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Premises. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. SECTION TWELVE NOTICES All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to City: Director of Public Works City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1482 If to Operator via certified mail) New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site # MPLSMN1492; Cell Site Name: Greenwood Fixed Asset No: 10128854 PO Box 1630 Alpharetta, GA 30009 If to Operator via overnight mail): New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site #: MPLSMN1492; Cell Site Name: Greenwood Fixed Asset No: 10128854 12555 Cingular Way Alpharetta, GA 30004 With a copy to New Cingular Wireless PCS, LLC Attn.: Legal Department Re: Cell Site #: MPLSMN1492; Cell Site Name: Greenwood Fixed Asset No: 10128854 15 East Midland Ave Paramus, NJ 07652 Page 19 SECTION THIRTEEN INDEMNITY A. City and Operator each indemnify the other against, and hold the other harmless from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligations, liabilities and liens which arise out of (a) the breach of this Agreement by the indemnifying party; and (b) the use and/or occupancy of the Property, or the Premises, by such indemnifying party. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any negligent or intentional misconduct of the indemnified party and shall survive the termination of this Agreement. Notwithstanding any provision set forth herein to the contrary, City's obligation to indemnify Operator shall, in any event, be limited as set forth in Minnesota Statutes Section 466.04. B. Hazardous Substance Indemnifications. Each Party represents and warrants that its use of the Property will not generate, and it will not store or dispose on the Property nor transport to or over the Property any hazardous substance in violation of any law or regulation. City and Operator acknowledge that Operator shall be utilizing and maintaining on the Property sealed batteries, propane/diesel/gasoline, HVAC system, and a halon/FM200 fire suppression system and that the use and maintenance of such items shall not constitute a violation or breach of the preceding sentence of this paragraph. Each Party further agrees to hold the other harmless from and indemnify the other against any release of any such hazardous substance and any damage, loss, or expense or liability resulting from such release, including all attorney's fees, costs, and penalties incurred as a result thereof except any release caused by the negligence of the indemnified party, its employees or agents. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by Page 20 any federal, state, or local environmental law, regulation, or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death, or disease. City warrants and represents that on the date hereof, City has no actual knowledge of any hazardous substance now or previously being located on the property. For the purposes hereof, the actual knowledge of City is limited to the actual knowledge of Doran Cote, Public Works Director. Notwithstanding any provision set forth herein to the contrary, City's obligation to indemnify Operator shall, in any event, be limited as set forth in Minnesota Statutes Section 466.04. SECTION FOURTEEN ASSIGNMENT A. Operator may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of City which shall not be unreasonably withheld, conditioned or delayed; provided, however, that Operator may assign its interest to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets in the market defined by the Federal Communications Commission in which the Property is located, subject to any financing entity's interest, if any, in this Agreement as set forth in Section Sixteen below. Upon assignment, Operator shall be relieved of all future performance, liabilities, and obligations under this Agreement, provided that the assignee assumes all of Operator's obligations herein. City may assign this Agreement, which assignment may be evidenced by written notice to Operator within a reasonable period of time thereafter, provided that the assignee assumes all of City's obligations herein, including but not limited to, those set forth in Section Sixteen below. This Agreement shall run with the Land and shall be binding Page 21 upon and inure to the benefit of the parties, their respective successors, personal representatives, heirs and assigns. Notwithstanding anything to the contrary contained in this Agreement, Operator may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Operator (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. B. The parties acknowledge that this is a non-exclusive lease, except as set forth in Section One. Nothing in this Lease shall preclude City from leasing other space for communications equipment to any person or entity which may be in competition with Operator, or any other party, subject to the conditions set forth in Section Five of this Agreement. SECTION FIFTEEN BINDING EFFECT; SUCCESSORS AND ASSIGNS This Agreement shall run with the Property. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives, and assigns. SECTION SIXTEEN WAIVER OF CITY'S LIEN City waives any lien rights it may have concerning the Operator's Facilities all of which are deemed Operator's personal property and not fixtures, and Operator has the right to remove the same at any time without City's consent. Operator's exterior Facilities are described on Exhibit "C." Page 22 SECTION SEVENTEEN MISCELLANEOUS A. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. B. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Agreement must be in writing and executed by both parties. C. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. D. City agrees to cooperate with Operator in executing any documents (including a Memorandum of Lease) necessary to protect Operator's rights hereunder or Operator's use of the Premises. E. This Agreement shall be construed in accordance with the laws of the State of Minnesota. F. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. G. City and Operator each agree to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other party may reasonably request. H. City covenants that City is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. City further covenants that there are no liens, judgments or impediments of title on the Property, or affecting City's title to the same, and that there are no covenants, easements or restrictions which prevent the use of Page 23 the Premises by the Operator as set forth above. City covenants that Operator, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises. IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first written below. CITY: CITY OF PLYMOUTH By: Name: Kelli Slavik, Mayor Date: Laurie Ahrens, City Manager Date: SEAL) A ' ICI" NEW CINGULAR WIRELESS PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation, Its Manager By: Name: George A. Taylor, Director of Network Operations MNP Date: Acknowledgments on following page] Page 24 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 200, by Kelli Slavik and Laurie Ahrens, the Mayor and City Manager, of the CITY OF PLYMOUTH, a municipal corporation under the laws of Minnesota on behalf of the corporation. Notary Public STATE OF MINNESOTA) ss: COUNTY OF HENNEPIN) On the day of , 2008, before me personally appeared George A. Taylor, and acknowledged under oath that he is the Director of Network Operations -MNP of AT&T Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, the limited liability company named in the attached instrument, and as such was authorized to execute this instrument on behalf of the corporation as Manager of the limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Print or Type Name: Notary Public in and for the State of Minnesota My appointment expires: ATTACHED EXHIBITS: EX "A" PROPERTY B" PREMISES C" EQUIPMENT AND FACILITIES D" CITY POLICY Page 25 EXHIBIT A — PROPERTY Lot 2, Block 1, Family Hope 2nd Addition MINC Pilgrim Lease 8217940 EXHIBIT B — PREMISES Page 27 EXHIBIT C - EQUIPMENT AND FACILITIES Drawings to be approved by City and attached hereto. Page 28 EXHIBIT D CITY POLICY PLYMOUTH CITY COUNCIL Policy Statement Regarding the Use of City Owned Land for Wireless Telecommunication Antennas and Towers Approved, 1996 1. Introduction The City of Plymouth has received requests from wireless telecommunication providers to place wireless telecommunication antennas and towers on City owned property. The Plymouth City Council has determined that a uniform policy for reviewing and or approving these requests is desirable. 2. Priority of Users Priority for the use of City owned land for wireless telecommunication antennas and towers will be given to the following entities in descending order: A. City of Plymouth B. Public safety agencies, including law enforcement, fire, and ambulance services, which are not part of the City of Plymouth and private entities with a public safety agreement with the City of Plymouth. C. Other governmental agencies, for uses which are not related to public safety; and, D. Entities providing licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging and similar services that are marketed to the general public. 3. Minimum Requirements The placement of wireless telecommunication antennas or towers on City owned property must comply with all zoning ordinances and the following requirements. A. The antennas or tower will not interfere with the purpose for which the City owned property is intended; B. The applicant is willing to obtain adequate liability insurance and commit to a lease agreement which includes equitable compensation for the use of public land and other necessary provisions and safeguards. The fees shall be established by the City Council after considering comparable rates in other cities, potential expenses, risks to the City, and other appropriate factors; C. The applicant will submit a letter of credit, performance bond, or other security acceptable to the City to cover the costs of the antenna or tower's removal; D. The antennas or tower will not interfere with other users who have a higher priority as discussed in Section 2. A certificate of "Non Interference" may be required. E. Upon reasonable notice, the antennas or tower may be required to be removed at the user's expense. F. The applicant must reimburse the City for any costs which the City incurs because of the presence of the applicant's antennas or tower and, the applicant must reimburse the City for any cost that the City incurs for testing and analysis. An example would be structural analysis of the City's buildings, towers or other structures. G. The user must obtain all necessary land use approvals. H. Depending on the site location the City may require a building to house the applicants equipment, concrete slab, a security fence, and plantings to screen the equipment and to enhance the aesthetics of the area. Page 29 I. The applicant may be required to supply a computer image of proposed location with equipment mounted or installed and will usually be required to camouflage some or all equipment to match existing city property. J. Multiple users of a city site will coordinate their efforts to minimize space needs. Subsequent applicants may be required to modify items covered in 3H. K. The applicant will be responsible for the security of it's own equipment. 4. Special Requirements The use of certain City owned property, such as water tower sites and parks, for wireless telecommunication antennas or towers brings with it special concerns due to the unique nature of these sites. The placement of wireless telecommunication antennas or towers on these special City owned sites will be allowed only when the following additional requirements are met. A. Water Tower or Reservoir Sites - The City's water towers and reservoirs represent a large public investment in water pressure stabilization and peak capacity reserves. Protection of the quality of the City's water supply is of prime importance to the City. As access to the City's water storage systems increases, so too increases the potential for contamination of the public water supply. For these reasons, the placement of wireless telecommunication antennas or towers on watertower or reservoir sites will be allowed only when the City is fully satisfied that the following requirements are met. 1. The applicant's access to the facility will not increase the risks of contamination to the City's water supply; 2. There is sufficient room on the structure and/or on the grounds to accommodate the applicant's facility; 3. The presence of the facility will not increase the water tower or reservoir maintenance cost to the City; and 4. The presence of the facility will not be harmful to the health of workers maintaining the water tower or reservoir. 5. Applicants will assume responsibility to temporarily relocate their equipment if necessary when water towers or reservoirs need maintenance work done. An example would be painting. 6. The city owned structure must be fully capable of supporting the applicants equipment. A certificate of structural soundness will be required from a structural engineer. B. Parks - The presence of certain wireless telecommunication antennas or towers represents a potential conflict with the purpose of some City owned parks. In no case shall towers be allowed in designated conservation areas. Wireless telecommunication antennas or towers will be considered only in the following parks after the recommendation of the Parks and Recreation Commission and approval of the City Council. 1. Public parks of a sufficient scale and character that are adjacent to an existing commercial or industrial use; 2. Commercial recreation areas and major playfields, and; 3. Park maintenance facilities. 5. Application Process All applicants who wish to locate a wireless telecommunication antenna or tower on City owned property must submit to the Director of Public Works a completed application and detailed plan. Also, an application must be submitted to the Community Development Department that complies with the submittal requirements of the Zoning Ordinance along with other pertinent information requested by the City. 6. Termination Page 30 The City Council may terminate any lease if it determines that any one of the following conditions exist: A. A potential user with a higher priority cannot find another adequate location and the potential use would be incompatible with the existing use; B. A user's frequency broadcast unreasonably interferes with other users of a higher priority, regardless of whether or not this interference was adequately predicted in the technical analysis; or, C. A user violates any of the standards in this policy or the conditions attached to the City's permission. Before taking action, the City will provide notice to the user of the intended termination and the reasons for it, and provide an opportunity for the user to address the City Council regarding the proposed action. This procedure need not be followed in emergency situations. 7. Reservation of Right Notwithstanding the above, the City Council reserves the right to deny, for any reason, the use of any or all City owned property by any one or all applicants. 8. Use of Revenue All revenue generated through the lease of City owned property for wireless telecommunication towers and antennas shall be made payable to the City of Plymouth and transmitted to the City's Department of Finance. Revenue shall be credited as follows: A. One-half to the Water Operation Fund and one-half to the General Fund when located on water utility property. B. All to the General Fund when the wireless telecommunication towers and antennas are located on any other City property. Page 31 CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION TO APPROVE LEASE WITH NEW CINGULAR WIRELESS PCS, LLC TO MOUNT TELECOMMUNICATIONS EQUIPMENT ON WATER TOWER LOCATED AT 4000 HIGHWAY 101 WHEREAS, the City Council has previously adopted a policy statement regarding the use of City owned land for wireless telecommunication antennas and towers; and WHEREAS, the City received an application from New Cingular PCS, LLC to locate antennas on the water tower located at 4000 County Road 101; and WHEREAS, a structural engineer will be required to approve plans before any work will commence safe guarding any negative impact to existing City property or other users; and WHEREAS, an agreement has been reviewed and approved by the City Attorney which would allow New Cingular PCS, LLC to have the antennas on the water tower located at 4000 County Road 101. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA That the Mayor and City Manager are authorized to enter into the agreements with New Cingular PCS, LLC to locate personal communication antennas on the water tower located at 4000 County Road 101. APPROVED THIS 28TH DAY OF APRIL, 2009. Page 32 rp)City of Plymouth Adding Qua[ity to Lite REGULAR COUNCIL MEETING April 28, 2009 Agenda 6.10Number: To: Laurie Ahrens, City Manager Prepared by: James Renneberg, P.E., Assistant City Engineer Reviewed by: Doran Cote, P.E., Director of Public Works Award Contract, 2009 Sanitary Sewer Lining Project Item: City Project No. 9103 1. ACTION REQUESTED: Make a motion to adopt the attached resolution awarding the contract for the 2009 Sanitary Sewer Lining Project, City Project No. 9103. 2. BACKGROUND: On March 31, 2009, bids were publicly opened for the 2009 Sanitary Sewer Lining Project. A total of 7 bids were received at the following prices: Contractor Base Bid Veit & Company 329,401.00 Visu-Sewer, Inc. 330,237.00 Insituform Technology 399,397.00 Terra Engineering 400,978.35 Lametti & Sons, Inc 423,133.10 SAK Construction 424,926.91 Michels Corp. 505,610.00 Engineer's Estimate 367,395.50 The low bidder, Veit & Company out of Rogers, MN, was 11% lower than the engineer's estimate. Engineering staff reviewed the information submitted by Veit to comply with the bidder qualification criteria policy and finds the information acceptable. They have successfully completed similar projects in the region, including the 2008 Sanitary Sewer Lining Project in Plymouth. Engineering staff feels that they are capable of constructing the project in accordance with the approved plans and specifications. 3. BUDGET IMPACT: This project is included in the 2009-2013 Capital Improvement Program (CIP) in the amount of $400,000. Based upon the lowest responsible bid we have received we Page 1 now estimate the total project cost to be $379,000 including design, administration, legal and contingencies. Funding for this project comes from the Sewer Fund. 4. ATTACHMENTS: Project Location Map Resolution Page 2 CD W Sanitary Sewer LiningC.P. a2009 9103fAri CD W CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO AWARD CONTRACT FOR THE 2009 SANITARY SEWER LINING PROJECT CITY PROJECT N0. 9103 WHEREAS, pursuant to an advertisement for bids for the 2009 Sanitary Sewer Lining Project, bids were received, opened and tabulated according to State law, and the following bids were received complying with the advertisement: Contractor Base Bid Veit & Company 329,401.00 Visu-Sewer, Inc. 330,237.00 Insituform Technology 399,397.00 Terra Engineering 400,978.35 Lametti & Sons, Inc 423,133.10 SAK Construction 424,926.91 Michels Corp. 505,610.00 Engineer's Estimate 367,395.50 WHEREAS, it appears that Veit & Company out of Rogers, MN is the lowest responsible bidder, complying with the minimum qualifications; and WHEREAS, the City Engineer recommends awarding the project to Veit & Company out of Rogers, MN. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the appropriate City Officials are hereby authorized and directed to enter into the contract for the bid with Veit & Company out of Rogers, MN in the name of the City of Plymouth for the 2009 Sanitary Sewer Lining Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Engineer in the amount of $329,401.00. FURTHERMORE, BE IT HEREBY RESOLVED, that the funding for this project shall be from the Sewer Fund in the amount of $379,000. APPROVED THIS 28TH DAY OF APRIL, 2009. Page 4 rp) City of Plymouth Adding QuoGty to Life REGULAR COUNCIL MEETING April 28, 2009 Agenda 6.11Number: To: Laurie Ahrens, City Manager Prepared by: Sarah Hellekson, Transit / Solid Waste Manager Reviewed by: Doran Cote, P.E., Director of Public Works 2008 Transit Program Annual Report & Item: 2009 Transit Program Work Plan 1. ACTION REQUESTED: Accept the 2008 Transit Program Annual Report and 2009 Transit Program Work Plan. 2. BACKGROUND: The 2008 Transit Program Annual Report contains statistics and other information about Plymouth Metrolink and Plymouth Dial -A -Ride for 2008. 3. BUDGET IMPACT: Not applicable 4. ATTACHMENTS: Transit Program 2008 Annual Report (2009 Transit Program Work Plan is included in the Annual Report) 2008 Transit Program Annual Report & 2009 Work Plan Page 1 TRANSIT PROGRAM 2008 Annual Report 2009 Work Plan 2008 Transit Program Annual Report & 2009 Work Plan Page 2 I. INTRODUCTION In 1984, the City of Plymouth elected to exercise its right to become a replacement authority. It was empowered by the Minnesota Legislature in 1982 statutes to create a suburban transit authority separate from the Metropolitan Transit Commission. The transit system provides express commuter bus service, local bus service and dial -a -ride service. The 2009 City Council goals for transportation are to advance transportation and transit issues to improve the local economy, promote business growth and development, and improve area roadways and highways to reduce commuter congestion. Specific emphasis is on maintaining suburban transit and advancing the following projects: third lane on I-494, study of Highway 169 between 1-494 and I-94, and improvements to Highway 55. II. HISTORY The City Council established the Plymouth Advisory Committee on Transit (PACT) on November 16, 1999. The Scope of the PACT includes but is not limited to making recommendations to the City Council as it deems necessary on items or other matters affecting transit in the community Resolution No. 99-497, 11-16-99]. The PACT serves in an advisory capacity to the City Council. Councilmember Jim Willis is the Council Coordinating Representative (CCR). Regular meetings of the PACT are scheduled for the fourth Wednesday of each month at 7:00 PM, except no meeting the month of August, and November and December are a combined meeting. All meetings are held in City Hall, Medicine Lake Room, unless otherwise noted. III. OTHER ORGANIZATIONS The City of Plymouth is a current member of the Suburban Transit Association (STA), which began in 1998. The STA was founded in 1995 to bring together 11 suburban communities in the Twin Cities Metropolitan area that elected not to be part of the traditional transit system. The purpose of STA is to jointly and cooperatively develop programs of mutual interest that would benefit the citizens of the communities served. The STA currently has six members: Maple Grove Transit, Minnesota Valley Transit Authority, Plymouth Metrolink, Prior Lake Laker Lines joined in 2009), Shakopee Transit, and SouthWest Transit. The City of Plymouth was a member of the 494 Corridor Commission until 2009. The 494 Corridor Commission is a consortium of cities concerned about economic impacts from traffic congestion to area businesses and residents. In 1988 the 494 Corridor Commission became a 2008 Transit Program Annual Report & 2009 Work Plan Page 3 formal entity with a focus on working with Mn/DOT and the legislature to identify funding to add capacity to I-494 through the member cities. Commission members include the cities of Bloomington, Eden Prairie, Edina, Minnetonka, and Richfield. Partners of the Commission include MnDOT, Met Council, Metro Transit and SouthWest Transit. IV. 2008 MEMBERSHIP The 2008 PACT was comprised of seven representatives including five system users and two at - large members. Each member is appointed for a three-year term by the City Council. The committee chairperson and the vice -chairperson are elected by the committee members annually. 2008 PACT Members Area Member Since Term Expires Terry Bliss System User 4-27-04 1-31-09 Terry Cheng System User 12-09-03 1-31-10 Patricia Doten System User 1-07-03 1-31-09 Sylvia Gustafson, Chair System User 2-8-05 1-31-11 Vivian Honer System User 12-09-03 1-31-10 Mary Paprocki At -Large 7-11-00 1-31-11 Carmen Pehler, Vice -Chair At -Large 2-8-05 1-31-11 V. 2008 PACT ACCOMPLISHMENTS In 2008, PACT and staff accomplished the following goals and objectives as outlined in the 2008 Work Plan: During 2008 PACT reviewed all the issues that occurred during the year and made sure staff and the contractor made corrections where necessary. Staff developed program performance measurements in 2008. The performance measurements compare ridership, revenue and show passenger cost per trip. Staff and PACT members continue to develop and discuss program and contractor performance measures in 2009. Metropolitan Council approved funding for fifteen new 40 -foot buses and three new Dial - A -Ride buses in 2008. PACT studied expanding the fixed route system to serve Northwest Plymouth. Members decided to delay the decision until further development of that area and additional operating dollars are provided. Staff promoted the Station 73 Park and Ride at Highway 55 and County Road 73 during 2008 through theater ads. After a series of meetings, a rider survey, and a public hearing, the Plymouth City Council increased the Plymouth Metrolink Dial -A -Ride fare from $2.00 to $3.00 per ride effective January 1, 2009. Metropolitan Council increased regional express fare from $2.75 to $3.00 on October 1, 2008. The Metropolitan Council approves all fixed route fares for the region. Legislative agenda from Suburban Transit Association. 2008 Transit Program Annual Report & 2009 Work Plan Page 4 VI. 2009 PACT MEMBERSHIP 2009 PACT Members Area Member Since Term Expires Sylvia Gustafson, Chair System User 2-8-05 1-31-11 Terry Cheng, Vice Chair System User 12-09-03 1-31-10 Christina Rudnick At -Large 1-13-09 1-31-12 Jeffry Wosje At -Large 1-13-09 1-31-12 Vivian Honer System User 12-09-03 1-31-10 Mary Paprocki At -Large 7-11-00 1-31-11 Catherine Kedzuf At -Large 1-13-09 1-31-12 The committee is supported by Jim Willis, Council Coordinating Representative; Sarah Hellekson, Transit/Solid Waste Manage; Bernie Maciej, Transit Coordinator; Diane Tiegs from the Administrative Division provides support as the committee's recording secretary. 2008 Transit Program Annual Report & 2009 Work Plan Page 5 VII. 2009 PACT WORK PLAN Some of the key topics and issues for consideration by the PACT in 2009 include a continued focus on contractor performance, program performance measurement, fleet and equipment funding, changes in the fixed routes, acquisition of buses, marketing and enhanced communication with customers. 2009 PACT WORK PLAN Month Date Key Topics / Issues Distribute 2009 Work Plan January 28 Review 2009 Budget Transit Revenue Trends Election of officers (Chair, Vice Chair) -begin February 1 February 18 Review Dial -A -Ride and Fixed Route Survey Results Proposed route changes March 25 Annual Report Review 2008 Review quality and predictability of transit April 22 Review Dial -A -Ride Program May 27 Performance Scorecard Matrix Measurement Plan Update — Review Annual Data June 24 Annual Driver Awards Education and training for PACT members Brainstorming session July 22 Transit funding & state legislative issues (James Clark, Messerli & Kramer) Budget & funding review August BREAK Review Fleet Status September 23 Review communication and customer service Station 73 — Discussion of expiration of terms October 28 Conduct Surveys Develop 2010 Work Plan November BREAK Or date to be determined by PACT members December 2 Review survey results Discussion of marketing new fleet Planning for christening new fleet 2008 Transit Program Annual Report & 2009 Work Plan Page 6 VIII. TRANSIT PROGRAM ASSETS Bus Fleet Plymouth Metrolink fleet had 44 buses at the end of 2008. Four buses were retired due to the mechanical failure. Five buses were added at the end of 2008 to the Metrolink fleet from Metro Transit by Metropolitan Council. These buses are considered temporary until new buses are delivered at the end of 2009. City staff worked with Metropolitan Council staff and First Transit staff during 2008 on specifications for the new 40 -foot buses. Fifteen 40 -foot buses are scheduled to be built in November 2009 and delivered to Plymouth Metrolink in December 2009. These buses will replace 17 buses overall and the 4 that were retired in 2008. The buses to be replaced in the fleet are the nine Bluebird CS 38 -foot express buses, the three 1995 Gillig 40 -foot buses, the four buses retired in 2008, and the five Metro Transit buses currently in use (one as our spare bus). Essentially, the Plymouth Metrolink fleet will be reduced by two buses in this process. Three Dial -A -Ride buses were ordered for Plymouth Metrolink by Metropolitan Council in 2008. These buses are scheduled to be delivered in spring of 2009. They will replace the three 2002 El Dorado Dial -A -Ride buses. Brand Purchase Date Current Fleet Size Primary Use Replacement Date New Buses New Flyer 2006 11 40 -foot Express 2016 11 Gillig 1995 3 40 -foot Express 2009 1 Gillig 1997 5 40 -foot Express 2009 5 Bluebird 2001 9 35 -foot I Express 2009 9 Bluebird 2001 3 29 -foot Shuttle 2011 4 Bluebird 2002 4 29 -foot Shuttle 2012 4 El Dorado 2002 3 25 -foot Dial -A -Ride 2009 3 Ford 2007 3 25 -foot Dial -A -Ride 2013 3 Chevrolet 2007 3 25 -foot Dial -A -Ride 2013 3 Park and Ride Lots Station 73 is located on Highway 55 just west of Highway 169. The parking ramp has capacity for 288 vehicles with four levels. The lobby is temperature controlled and has ADA accessible elevator and rest rooms. There are bike lockers, benches and a security system with cameras. The Nathan Lane Park and Ride Lot is located off County Road 9 at Highway 169. Capacity is 120 vehicles with some growth. This space is leased for 20 years. The bus shelter is heated. A bike rack and a trash container are on the site. Olive Lane Park and Ride Lot is located at Olive Lane and County Road 6. Capacity is 85 vehicles. There is a heated bus shelter, bike rack and trash container at the site. 2008 Transit Program Annual Report & 2009 Work Plan Page 7 The Reserve is an enclosed temperature controlled, ADA accessible building. There are restrooms and benches. The building is locked when bus service is not available. The Reserve is located on Cheshire Parkway in a high density residential area just west of I-494. Bus Shelters There are eight bus shelters not associated with park and ride lots. Plymouth Blvd. and Rockford Road. Bus shelter with bench inside, bike rack, waste container, and bench outside. Harbor Lane and 34th Avenue. Bus shelter with bench inside, bike rack, waste container, and bench outside. Harbor Lane and 33rd Avenue. Bus shelter with bench in side, bike rack, waste container and bench outside. Medicine Lake Road and Lancaster. Bus shelter and City of Plymouth chained waste container. Lancaster and 36th Avenue. Bus shelter with bench inside and waste container. Lancaster and Pilgrim Lane. Two bus shelters with bench and heat inside and waste container. Transfer point for shuttle buses and express to downtown Minneapolis. Berkshire and 54th Avenue. Bus shelter with bench inside. Annapolis and 52nd Avenue. Bus shelter with bench inside. IX. TRANSIT PERFORMANCE MEASUREMENT Performance Measurements began for the first time in 2008. 2008 Transit Program Annual Report & 2009 Work Plan Page 8 TRANSIT PERFORMANCE MEASURES 2008 METROLINK FIXED/LOCAL AND DIAL -A -RIDE System Quality JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVG Program JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVG Rider surveys (satisfaction and complaints) Ridership % changed from same month previous year 1.23% 3.32% 3.42% 8.80% 5.23% 3.27% 1.07% 5.85% 5.90% 4.16% 16.98% Dial -A -Ride NA NA Yes NA NA NA NA NA N/A N/A N/A Yes 13.95% Metrolink NA NA NA NA NA NA NA NA N/A N/A N/A Yes 9.92% Rider complaints (customer service) for month 11.78% 9.33% 0.54% Rider cost per trip 6.02 7.24 6.68 6.04 6.69 6.12 6.66 6.26 Dial -A -Ride 1 0 0 1 0 0 0 0 0 2 2 0 0.50 Metrolink 27 21 21 15 13 23 19 21 21 33 16 31 21.75 Bus cleanliness Dial -A -Ride (Operations) JAN Good Good Good Good N/A Facility cleanliness (Metrolink) Good Fair Good Good Good Good Good Good Good Good Good Good N/A Metrolink Express & Local Routes (Operations) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVG Ridership % changed from last month 26.48% 6.25% 2.65% 6.85% 7.82% 5.29% 1.02% 5.90% 4.97% 4.88% 25.03% 6.65% 1.15% Ridership % changed from same month previous year 1.23% 3.32% 3.42% 8.80% 5.23% 3.27% 1.07% 5.85% 5.90% 4.16% 16.98% 7.11% 0.62% Revenues % changed from last month 2.60% 3.86% 1.17% 7.24% 8.35% 6.54% 1.23% 6.26% 5.05% 13.95% 25.28% 2.09% 0.32% Revenues % changed from same month previous year 3.97% 2.62% 5.23% 5.03% 8.66% 1.01% 4.56% 4.43% 9.92% 4.87% 11.78% 9.33% 0.54% Rider cost per trip 6.02 7.24 6.68 6.04 6.69 6.12 6.66 6.26 5.88 5.81 6.82 6.98 6.43 Subsidy per rider 3.97 5.14 4.61 3.96 4.63 4.03 4.58 4.18 3.80 3.55 4.57 4.83 4.32 Dial -A -Ride (Operations) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVG Ridership % changed from last month 16.46% 0.40% 2.75% 3.62% 2.53% 8.76% 17.55% 30.62% 19.09% 14.30% 27.20% 4.39% 0.33% Ridership % changed from same month previous year 9.44% 10.26% 17.55% 7.77% 16.37% 14.22% 3.45% 26.18% 5.33% 13.26% 20.68% 4.00% 11.80% Revenues % changed from last month 77.83% 34.41% 7.35% 24.15% 21.74% 35.43% 14.81% 33.60% 90.42% 19.20% 22.34% 53.97% 10.88% Revenues % changed from same month previous year 10.27% 24.17% 24.90% 46.37% 12.64% 26.86% 18.18% 3.60% 15.80% 15.81% 30.10% 47.96% 11.24% Rider cost per trip 16.29 15.99 16.44 16.23 16.76 18.14 15.65 19.04 16.72 15.32 17.46 18.25 16.86 Subsidy per rider 14.34 14.72 15.23 14.78 1 $14.95 16.87 14.45 17.89 14.96 14.08 16.13 16.29 15.39 2008 Transit Program Annual Report & 2009 Work Plan Page 9 Other performance measurements are shown on the following graphs and were obtained through a November survey of passengers on both systems, issues with the buses, other community members, passengers, bus cleanliness and maintenance and facility cleanliness and maintenance. Performance measurements for operations include ridership numbers, revenue and expenditures, costs per rider, costs per routes and other expenses. Some performance measurements are utilized by staff only; others are monitored by staff and PACT members throughout the year. 60,000 50,000 N 40,000 30,000 E 20,000 z 10,000 Plymouth Metrolink Ridership 2004 - 2008 Fixed & Dial -A -Ride 50,000 45,000 40,000 35,000 v 30,000 0 25,000 20,000 z 15,000 10,000 5,000 Jan. Feb. Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. 0-2004 2005 X2006 X2007 --0-2008 Plymouth Metrolink Ridership 2004-2008 Fixed Route Jan. Feb. Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. 2004 2005 9-2006 0-2007 9-2008 2008 Transit Program Annual Report & 2009 Work Plan Page 10 7,000 6,000 5,000 r 4,0000 3,000 2,000 2 1.000 Plymouth Metrolink Ridership 2004-2008 Dial -A -Ride s10---2004 2005 2006 X2007 Jan. Feb. Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. --9—'2008 2008 Transit Program Annual Report & 2009 Work Plan Page 11 X. BUDGET At the end of 2008, the Transit Fund is estimated to be $3,900,000. The 2008 CAFR will not be closed until later in 2009. Dial -A -Ride expenses increased by seven percent from 2007 to 2008. Expenses were $898,967 in 2007 and $962,222 in 2008. Revenue decreased by 13% from 2007 to 2008. Revenue from fares was $97,468 in 2007 and $84,101 in 2008. Costs increase can be attributed to the increase in the contractor's hourly rate in 2008. The revenue can be attributed to the overall decrease in ridership which was mainly caused by companies located in Plymouth not having employees stay in Plymouth for a month or two and using Dial -A -Ride to get back and forth from the company. There was also a decrease in use by the general public. Dial -A -Ride Dial -A -Ride 2008 4% Expenses oAdministration 96% T Contract Services Dial -A -Ride 2007 Revenue M Fares MVET Dial -A -Ride 2008 Revenue 4 9% Fares MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 12 of Total 07 Actual 2007 Expenses Expenses Expenses Dial -A -Ride 2007 Administration 4% 36,653 Expenses Contract Services 96% 862,314 xt' TOTAL oAdminishation EXPENSES 100% 898,967 of Gonlraet Servieaa of 44. 2008 Revenue Total 07 Actual 2007 Revenue Revenue Revenue Fares 11% 97,468 MVET 89% 801,499 TOTAL REVENUE 100% 898,967 Dial -A -Ride 2008 4% Expenses oAdministration 96% T Contract Services Dial -A -Ride 2007 Revenue M Fares MVET Dial -A -Ride 2008 Revenue 4 9% Fares MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 12 of Total 08 Actual 2008 Expenses Expenses Expenses Administration 4% 34,070 Contract Services 96% 928,152 TOTAL EXPENSES 100% 962,222 of Total 08 Actual 2008 Revenue Revenue Revenue Fares 9% 84,101 MVET 91% 878,121 TOTAL REVENUE 100% 962,222 Dial -A -Ride 2008 4% Expenses oAdministration 96% T Contract Services Dial -A -Ride 2007 Revenue M Fares MVET Dial -A -Ride 2008 Revenue 4 9% Fares MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 12 Metrolink expenses increased by seven percent from 2007 to 2008. Expenses were $2,872,668 in 2007 and $3,079,557 in 2008. Revenue decreased by 1% from 2007 to 2008. Revenues from fares were $1,028,339 in 2007 and $1,013,685 in 2008. The primary reason for the cost increase was contractor hourly rate increase. Fare reimbursement was similar between 2007 and 2008 as ridership was stable overall. [See attachment Metrolink Expenses and Revenue Report.] Fixed and Express Routes Metrolink 2007Expenses MAdmimstretion Y DConknct Services 9tyt P Merroiink. 2008 Expenses DAdministrab 0Contract Senriassi onDs Metrolink 20URevenue Fares MVET Metrolink 2008Revenue oFeres MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 13 of Total 07 Actual 2007 Expenses Expenses Expenses Administration 9% 248,219 Contract Services 91% 2,624,449 TOTAL 100% 2,872,668 EXPENSES 100% 2,872,668 Metrolink 2007Expenses MAdmimstretion Y DConknct Services 9tyt P Merroiink. 2008 Expenses DAdministrab 0Contract Senriassi onDs Metrolink 20URevenue Fares MVET Metrolink 2008Revenue oFeres MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 13 of Total 07 Actual 2007 Revenue Revenue Revenue Fares 36% 1,028,339 MVET 64% 1,844,329 TOTAL REVENUE 100% 2,872,668 Metrolink 2007Expenses MAdmimstretion Y DConknct Services 9tyt P Merroiink. 2008 Expenses DAdministrab 0Contract Senriassi onDs Metrolink 20URevenue Fares MVET Metrolink 2008Revenue oFeres MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 13 of Total 08 Actual 2008 Expenses Expenses Expenses Administration 8% 260,356 Contract Services 92% 2,819,201 TOTAL 100% 3,079,557 EXPENSES 100% 3,079,557 Metrolink 2007Expenses MAdmimstretion Y DConknct Services 9tyt P Merroiink. 2008 Expenses DAdministrab 0Contract Senriassi onDs Metrolink 20URevenue Fares MVET Metrolink 2008Revenue oFeres MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 13 of Total 08 Actual 2008 Revenue Revenue Revenue Fares 33% 1,013,685 MVET 67% 2,065,872 TOTAL REVENUE 100% 3,079,557 Metrolink 2007Expenses MAdmimstretion Y DConknct Services 9tyt P Merroiink. 2008 Expenses DAdministrab 0Contract Senriassi onDs Metrolink 20URevenue Fares MVET Metrolink 2008Revenue oFeres MVET 2008 Transit Program Annual Report & 2009 Work Plan Page 13 XI. CONCLUSION Overall system ridership in 2007 was 544,551. Ridership decreased by 1% in 2008 to 537,983 riders for the year. Ridership was at peak in 2007 and leveled off in 2008. Dial -A -Rider ridership decreased during 2008. This could be due to the downturn in the economy as companies in Plymouth cut back on training of new employees that would stay in Plymouth for a month and use Dial -A -Ride. The public also traveled less. Plymouth Metrolink fixed route ridership for 2008 had a small increase over 2007. Revenue stayed consistent between 2007 and 2008. To increase ridership for the Metrolink Fixed Route Express, there will need to be additional bus service added from the three park and ride lots in Plymouth. The region will be receiving less revenue from the Motor Vehicle Excise Tax due to fewer new cars being purchased. This will affect the operating budgets. From 2007 to 2008 there has been a 2% decrease in traffic congestion according to the Minnesota Department of Transportation. The Federal Highway Administration (FHA) cites a 3% decrease in congestion nationwide over the past year with a 30% decrease during peak -hours. The FHA rates the Twin Cities metro area as the tenth most congested area and cities gas prices and unemployment for the main reasons traffic has decreased. [ Foti, Jim; Star Tribune; March 3, 2009.] 2008 Transit Program Annual Report & 2009 Work Plan Page 14 City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING April 28, 2009 Agenda 6.12Number: TO: Laurie Ahrens, City Manager Prepared by: Sarah Hellekson, Transit / Solid Waste Manager Reviewed by: Doran Cote, P.E., Director of Public Works 2008 Solid Waste Annual Report and 2009-2010 Item: Recycling Program Education Work Plan 1. ACTION REQUESTED: Approve the 2008 Solid Waste Annual Report and the 2009-2010 Recycling Program Education Work Plan. 2. BACKGROUND: The 2008 Solid Waste Annual Report includes statistics, a summary of events and issues over the past year and a means to address the issues. The 2009-2010 Recycling Program Education Work Plan and the Report together address the need to gather data prior to the end of the current contract extension in 2010. The 2009 Education Plan is a working document drafted and utilized by communications and solid waste staff. The Environmental Quality Commission reviewed and approved the 2008 Solid Waste Annual Report at its March 11, 2009 meeting with minor changes. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: 2008 Solid Waste Annual Report (including the 2009-2010 Recycling Program Education Work Plan) 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 1 SOLID WASTE PROGRAM 2008 Annual Report 2009 — 2010 Recycling Education Work Plan 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 2 Solid Waste Program 2008 Annual Report 2009-2010 Recycling Program Education Work Plan Purpose of Report This report summarizes the activities of the Solid Waste Program for 2008. Program Description The City of Plymouth has a curbside bin recycling collection program and a drop-off recycling site for use by all Plymouth residents and businesses. Customers In 2008, the curbside recycling program serviced 22,509 households in January which increased to 22,655 households in December. The curbside recycling program services single-family homes and up to 8-plex residential units. Residents are free to select the number of bins they need for their household recycling. Recycling Collection In 2008 Plymouth residents recycled 6,502 tons, 219 tons less than in 2007. The decrease in recycling may be indicative of several things: residents choosing products with less packaging; choosing not to participate in the recycling program; or purchasing fewer products. In 2008 at the Plymouth Drop Off Site, residents and businesses recycled 461 tons, which was 4 tons less than in 2007. The slight drop in recycling could be due to the same factors listed above as well as the hours the site is now available (7:00 a.m to 7:00 p.m.). See the following graphics for a comparison of 2007 and 2008 tons collected as well as the composition of 2008 materials collected. 800 700 600 500 400 300 200 100 0 Plymouth Recycling Tons Collected Curbside and Drop -Off 2007-2008 Month 0 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 3 ffiee, Curbside Material Collected 2008 Newspaper ONP) Mixed Paper Glass Mixed) Plastic Bottles OCC Tin Aluminum Residuals Garbage) Performance Measures Staff has been working with the contractor to monitor contractor performance, the effectiveness of the educational materials and customer service issues. Several issues were raised during the contract discussions in 2008. A survey of residents will be conducted during the summer of 2009 regarding the recycling program, contractor performance and possible changes to the program. Below are details of additional performance indicators for the program and for customer service. 2009 Recycling Residential Collection Program Survey: The survey will be conducted during the summer. A few of the topics that may be discussed on the survey include: whether more education is needed about plastic recycling, recycling sorting, types of recycling containers, costs residents are willing to pay for different programs, education about Hennepin County's program for hazardous materials collection (fluorescent bulbs, electronics, etc.) and elimination of one of the special collection days. Customer Service Database Call Log: Resident calls received by Waste Management are logged into a database. Summaries of these calls as well as any outstanding issues are reviewed monthly by the City and Waste Management, as well as discussed at the monthly quality 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 4 assurance meetings. Calls received by City staff are primarily related to bin requests, disposal of hazardous or bulk items and questions about the special collection day. The calls from residents were very numerous during the contract discussions. The recycling calls became infrequent by December 2008 and continue to be infrequent. Educational Tags: When an issue is noted by a Waste Management driver, the driver leaves a tag and gives the address and issue to the driver supervisor. If the issue is unusual or repetitive, the supervisor notifies City staff. Waste Management, Golden Valley, Minnetonka and Plymouth staff worked together to redesign the educational tags during the fall of 2008 to better reflect the current program of the three cities. The tags are bright purple. We are still working on educating all the drivers on when to leave the tags and bringing the addresses to the supervisor. The issues most frequently tagged are materials that are not recyclable, primarily styrofoam and used pizza boxes. The drivers should be leaving at least one example in the bin with the tag so the resident sees the example. Recycling Participation: The Select Committee On Recycling and the Environment (SCORE) was established by Governor Perpich to provide a funding source for solid waste programs throughout Minnesota. SCORE funds are derived from a 6.5% tax on garbage collection and disposal fees. These funds are distributed to Counties for solid waste programs, particularly recycling collection. Since 1989 the City has received annual grants from Hennepin County as an aid in supporting the recycling program. The base year used by Hennepin County in the SCORE funding comparison is 2007. We are required in the SCORE grant agreement with Hennepin County to meet or surpass our own 2007 base year recycling participation. The County's current grant program and agreement covers the period from January 1, 2008 through December 31, 2010, and provides for the proportional distribution of SCORE funds, which the County receives from the State of Minnesota. The City received the initial grant payment for 2008 in the amount of $186,519. Recycling participation is at 73% in October 2008, down from 76% in October 2007. Recycling participation is the percentage of households who actually set out recyclables (73%) in a given period of time (Hennepin County measures the month of October) as compared to the total number of households in the program (the number of possible stops for the month of October). The primary reason the recycling participation may be down in 2008 is that the City provided Waste Management with the actual number of households being serviced per the contract (a higher number than was being used in previous years). The formula is as follows. Possible service stops each week (possible setouts) x 100 = Recycling Participation (%) Actual recycling service stops each week (setouts) See the following graphic for comparison purposes. 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 5 85.00% 80.00% 75.00% 70.00% 65.00% 60.00% Residential Curbside Recycling Participation 2007-2008 Program Concerns: Curbside: The main concerns in 2008 specifically for the curbside program were plastic recycling, styrofoam and pizza boxes. Residents receive education at the curb as a tag as well as education in the city newsletter, web site, utility bill stuffers and in other material provided by the County and State. Drop -Off Site: The primary issues at the drop-off site are illegal dumping of hazardous material electronics, chemicals) and trash as well as scavenging in the roll -off boxes. The site is monitored by cameras and by staff that happen to be on site. Some of these were lessened when the hours were reduced to 7:00 a.m. to 7:00 p.m. Recycling Markets: Recycling market trends affect the recycling revenue received by the City. Over the past ten years, waste volumes steadily increased in the U.S. The growth in the recycling market has been primarily due to demand from China and other developing countries. Prices have now declined sharply for several reasons: global recession, a slow down of exports, and a slowing down of consumption. The downturn in the recycling market trends affected the fourth quarter recycling revenue received by the City. The continued downturn in markets, the low demand for recyclable 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 6 materials, and the low market rates have brought no revenue to the City in 2009. The Solid Waste Fund may be needed to offset program costs. Under the City's 2008 contract with Waste Management, the City received 100% of the revenue share (revenue less processing fee) on the sale of materials. As of January 1, 2009, under the contract extension, the City receives 75% of the net revenue share for the sale of the same materials. The processing fee for these materials is subtracted from any revenue. The extra processing fee is not owed as it must be subtracted from any revenue, so the net revenue in 2009 has been zero. Following the downturn of the stock markets and in response to the global economic recession, the market for recyclable materials has slowed considerably. In the past few months, recycled plastics, aluminum, scrap metal and paper lost 50% to 75% of their value [Hennepin County Electronic Newsletter 12-19-08]. The following graphics depict the monthly trend in recycling revenue sharing for Plymouth in 2007 and 2008. 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Net Revenue from Curbside and Drop -Off Recycling 2007-2008 100% revenue share) Z et Z mac, 10 g O 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 7 140 120 100 80 60 40 20 0 Plymouth Revenue per Tons Collected 2007-2008 Z 0 Opo Minnesota and the upper Midwest has local and Canadian recycling markets other than developing nations and are not as severely impacted by the market downturns as other regions of the nation. In 1995 and 1996, the last time the recycling markets dropped this low, the markets took about eighteen months to recover. If the markets decrease, consumerism wanes and recycling participation diminishes, the City could receive no revenue and pay for the collection of the recyclable materials from the Solid Waste Fund. Although revenue continues to decrease, it is important to remind residents to continue to recycle. Recycling continues to be a benefit to the Minnesota environment and Minnesota industry with over 6,000 recycling direct jobs and a multi -billion dollar industry Minnesota Pollution Control Agency Economic Activity Summary, 2006]. Education: Staff provides public information and education through various media to encourage waste reduction, recycling and hazardous waste information. The Recyclopedia will be updated in 2009 for 2010-2011. However, it will not be published in paper form as it has been in previous years. It will be available electronically on the City web site and can be printed from that site. The City will work to utilize free and low-cost or cost effective resources and media such as the cable channel and the web site. 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 8 2008 Events: City Sampler: The recycling bins and bin wheels were the most popular attraction at the first City Sampler on April 26, 2008. Residents had questions about what was recyclable. Environmental Quality Fair: The 2008 EQ Fair was held on March 20th at Sunset Hill Elementary School. Yard & Garden Expo: The event was held April 4 and 5. Recycling had two booths, one in the main area and one in the environmental footprint area. Spring Special Collection Day: The event was held May 31, 2008. There are no accurate records of vehicles attending, tons or costs. Music in Plymouth: Staff and volunteers worked the environmental quality booth and answered questions about recycling, differences in collection and the contract during this event. Fall Special Collection Day: Held September 27, this event attracts half the number of vehicles as in the spring but the costs to the city are about the same (labor, time, site, material, etc.). There are no accurate records of vehicles attending, tons or costs. 2009 Events & Outreach: Events and outreach in 2009 have been reduced in an effort to cut costs. Educational materials are available for schools and other organizations, but staff is not available. In 2008, up to 30 hours a week were spent in the schools by staff educating children about recycling. One event was added in 2009, the Recycling Tour on March 7. Due to the safety issues on site and very limited parking, Plymouth Metrolink buses will shuttle residents from Station 73 in Plymouth to the Waste Management Material Recovery Facility in Minneapolis. The five tours filled within a week of being noticed in the city newsletter. Two hundred residents are registered to attend. Staff estimates about 1,000 called to ask for the tour. Waste Management will have a recycling booth in the Yard & Garden Expo. Other events this year include the Environmental Quality Fair, the Yard & Garden Expo, the City Sampler, the Spring Special Collection Day and Music in Plymouth. There will be no Fall Special Collection Day. Residents will be directed to the Hennepin County Drop -Off Facilities. Contract Status: On September 9, 2008, the Plymouth City Council adopted a resolution to extend the contract with Waste Management. This contract runs through December 31, 2010 with an option to extend one additional year. The Waste Management proposal states hauling will be $2.88 per household per month, processing fee of $51.09 per ton, revenue sharing of 75 percent to the City. 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 9 Finances: During 2008 the City spent over $786,400 for collection services with total program costs of 1,038,300. Total program costs include the yard waste site, drop off recycling site, adopt -a - street program, and other programs. Revenue share from the sale of recyclable material above costs was $15,000. Total program revenue in 2008 was $53,550. The Solid Waste Management Fund balance at the end of 2008 is estimated to be $2,740,984 (the CAFR is not closed for 2008). Revenue includes the utility fee of $1.50 per month, revenue share from the sale of recyclables, and interest on investments and grants. 2009 Solid Waste Program Work Plan: Monitor and evaluate the recycling program Increase recycling according to Hennepin County requirements Monitor and evaluate hauler performance Increase multi -family recycling and reduction of waste Educate businesses about recycling, waste reduction & sustainability 2009 Resident Survey regarding solid waste customer service 2009 Recycling Tour 2009 Events as listed Educate residents and businesses about electronics & HHW disposal (batteries, CFs) Prepare for contract discussion in 2010 Work with all haulers to develop better multi -family recycling education Educate regarding garden pot recycling Concentrate on plastics recycling Attachment: 2009-2010 Recycling Program Education Work Plan 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 10 2009 — 2010 Recycling Program Education Work Plan Users: Margie Vigoren, Sarah Hellekson, Helen LaFave, Waste Management, Inc. This flexible document currently focuses on curbside recycling. Staff will continue to develop the Education Work Plan by adding multi -family and commercial recycling goals and objectives. Goal 1 Increase participation in Plymouth's curbside recycling program Objective Increase understanding of City's curbside recycling program Audience Plymouth residents New residents to Plymouth Students in Plymouth schools Key messages This is how the program works (schedule, materials accepted, material preparation, bin availability, contact information) This is what happens to the materials set out at the curb (curb to MRF to market) Recycling is easy in Plymouth Tools New resident packets — review and revise information sheet placed in new resident packets, emphasizing ease of program. Recyclopedia — review and revise information on the booklet cover for 2010- 2011 publication, emphasizing ease of program. City web site — review and revise information posted on the City web site, emphasizing ease of program. Environmental Extra — photo -filled article showing curb to MRF to market Plymouth News — highlight one program component in each issue Classroom presentations — develop a curbside to MRF to market presentation that utilizes the WM or St. Louis Park DVD of the WM MRF Event activities — Have new resident packet information and Recyclopedias available at events (Environmental Quality Fair, Yard & Garden Expo, City Sampler, Music In Plymouth, Autumn Art Fair and Old Fashioned Christmas) Event/lobby display banner depicting the recycling loop MRF tour Movie theater ads — produce slides showing curb to MRF to market News release of MRF tour with background Schedule Northwest Cities program at MRF and explore turning footage into short video DVD for classroom presentations 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 11 Objective Increase confidence in City's curbside recycling program Audience Plymouth residents Students at Plymouth schools Key messages Recyclables placed at the curb for collection are recycled into new products. The City and its recycling contractor have a track record of reliable recycling service. Tools Environmental Extra — photo -filled article showing curb to MRF to market Cable television piece — work with Northwest Cities or other outlet to produce a piece that depicts the curb to MRF to market journey of Plymouth's recyclables. Environmental Extra — article with graphics depicting the development of Plymouth's recycling program over 23 years. Classroom presentations — develop a curbside to MRF to market presentation that utilizes the WM or St. Louis Park DVD of the WM MRF MRF tour Movie theater ads — produce slides showing curb to MRF to market Banner for events and lobbies showing how Plymouth's recycling program closes the recycling loop Objective Increase awareness of benefits of recycling Audience Plymouth residents Students in Plymouth schools Key messages Recycling is something everyone can do for the environment to save energy, save resources and reduce greenhouse gasses. This is the environmental impact Plymouth residents have made in (period of time) through recycling. Recycling can save residents money by reducing the size of their garbage container. Recycling more helps offset program costs, because the City receives credit for profits from the sale of recyclables. Tools Environmental Extra — Article describing volume -based pricing for garbage and how recycling can help residents save money on garbage bills by recycling. 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 12 Environmental Extra — Article describing how rebates from the sale of recyclables reduce the cost of the recycling program. (Allowed for a drop in fee.) MRF tour Movie theater ads — produce slides showing environmental benefits of recycling. Environmental Extra — Article showing environmental benefits of recycling. Banner for events and lobbies showing benefits of recycling Classroom presentations Recyclopedia Web -based environmental calculator Goal 2 Increase amount of material collected Objective Increase understanding of what can be recycled on the curbside program Tools Audience Plymouth residents New residents to Plymouth Students at Plymouth schools Key messages Look at all you can recycle on Plymouth's curbside recycling program. You can recycle more paper than you think New resident packets — review and revise information sheet placed in new resident packets, emphasizing materials accepted on the program. Recyclopedia — review and revise information on the booklet cover for 2010- 2011 publication, emphasizing materials accepted on the program. City web site — review and revise information posted on the City web site, emphasizing materials accepted on the program. Plymouth News — highlight one recyclable item/category in each issue Movie theater ads — re -run the paper and/or the container rethink recycling ad Develop a game for events that focuses on materials collected on Plymouth's curbside program and differentiating between recyclable and non -recyclable materials. Classroom presentations MRF tour Media surrounding MRF tour 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 13 Objective Increase awareness of the value of recycling Audience Plymouth residents New residents to Plymouth Students at Plymouth schools Key messages Recycling is something everyone can do for the environment to save energy, save resources and reduce greenhouse gasses. Recyclable materials have value — not recycling them is like throwing money away. Recycling can save residents money by reducing the size of their garbage container. Recycling more helps offset program costs, because the City receives credit for profits from the sale of recyclables. Tools New resident packets — highlight volume -based garbage service and how recycling can help reduce garbage bills by reducing the size of container needed. Recyclopedia — highlight the same information as above. Environmental Extra — article demonstrating the impact recycling can have on reducing the size of garbage can needed. Movie theater ad — include "saving money" in a benefits -of -recycling ad Environmental Extra — article highlighting the value of recyclables MRF tour — highlight the value of recyclables Press release and cable television story — MRF tour and background Classroom presentations Event and lobby displays Goal 3 Decrease residuals Objective Increase understanding of what can and cannot be recycled on the curbside program Audience Plymouth residents New residents to Plymouth Students in Plymouth schools 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 14 Key messages Differentiate boxboard stored in the cupboard (recyclable) from boxboard stored in the refrigerator (not recyclable) Clarify the difference between plastic bottles and other plastic containers. Tools New resident packets — include county's paper and container recycling pieces Recyclopedia — include information from above flyers in publication City web site — include information from above flyers on web site Plymouth News — differentiate challenging categories (especially plastic) in article with photo. MRF tour — point out difference between recyclables and non-recyclables. Press release and cable television story — MRF tour to point out difference between recyclables and non-recyclables Bin tags — identify materials in the bin that are not recyclable Develop a game for events that focuses on materials collected on Plymouth's curbside program and differentiating between recyclable and non -recyclable materials. Classroom presentations Objective Increase willingness to place only recyclable materials in the recycle bin Audience Plymouth residents New residents to Plymouth Students in Plymouth schools Key messages Non-recyclables mixed with recycling take the long, expensive way to the landfill. Mixing non-recyclables with recycling increases the cost of recycling. Tools Environmental Extra — discuss how non-recyclables mixed with recycling increase the cost of recycling. Include photos showing non-recyclables being disposed of as garbage. MRF tour — point out non-recyclables being trashed and point out the challenges caused by non-recyclables. Press release and cable television story — MRF tour to point out challenges caused by non-recyclables Develop a game for events that focuses on differentiating between recyclable and non -recyclable materials. 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 15 Objective Eliminate the use of plastic bags for bundling recyclables Audience Plymouth residents New residents to Plymouth Key messages Plastic bags mixed with recyclables take the long, expensive way to the landfill. Plastic bags add time and cost to processing recyclables Plastic bags can be recycled at most grocery stores Tools Environmental Extra — discuss how plastic bags mixed with recycling increase the cost of recycling. Include photos showing plastic bags being disposed of as garbage. MRF tour — point out plastic bags being trashed and point out the challenges caused by plastic bags. Press release and cable television story — MRF tour to point out challenges caused by plastic bags Route bin tags City web site Recyclopedia Goal 4 Minimize litter Objective Residents will secure recyclables before setting them at curb Audience Plymouth residents New residents to Plymouth Key messages The wind can ruin your best intentions if it turns your recycling efforts into litter Pack paper recyclables in a paper bag to prevent litter Put heavier recyclables on top of lighter ones Flatten corrugated cardboard and secure it under the bin Tools New resident packets Environmental Extra — photo with accompanying suggestions on packing a recycling bin to prevent litter Theater ad showing the problem of recyclables becoming litter and demonstrating strategies to prevent it from happening Bin tags suggesting better packing practices 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 16 Spring utility bill insert showing the problem and the simple solution Recyclopedia Objective Residents will know that they can pick up extra recycling bins from the City Audience Plymouth residents New residents to Plymouth Key messages Sometimes all you need to pack recycling right is more space Extra recycling bins are available to residents at City hall Wheel kits make it easier to get multiple bins down to the curb Wheel kits are free and available at City hall Tools Plymouth News — highlight bin and wheel kit availability New resident packets City web site Recyclopedia City events (City Sampler) Goal 5 Discover barriers and opportunities to meeting goals 1 — 4 Objective Discover and address barriers and opportunities to participation Audience Plymouth residents Key information sought What are the areas of confusion regarding Plymouth's recycling program? What are residents' attitudes to recycling? To the City's recycling program? What is the best way to reach residents with recycling information? Where do they get their information on the recycling program? What are the reasons residents participate/don't participate in the curbside recycling program? Tools Resident survey Objective Discover and address barriers and opportunities to recycling more Audience Plymouth residents 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 17 Key information sought What are the areas of confusion regarding recyclables? What are the barriers to recycling more materials? Which recyclable materials are residents not recycling? Are waste reduction practices reducing recycling? What is the best way to reach residents with recycling information? Tools Resident survey Objective Discover and address the barriers and opportunities to keeping non- recyclables out of the recycling bin Audience Plymouth residents Key information sought What are the areas of confusion regarding recyclable materials? What are the barriers to understanding the difference between recyclable and non recyclable materials? What are the barriers to eliminating plastic bags from recycling bin? What are the barriers to eliminating non-recyclables from the recycling bin? What is the best way to reach residents with information on the difference between recyclable and non -recyclable materials? Tools Resident survey Driver input Objective Discover and address barriers and opportunities to practices that reduce litter Audience Plymouth residents Key information sought How do residents prepare recycling? What are the barriers to wind -wise recyclables preparation? What are the barriers to eliminating non-recyclables from the recycling bin? What is the best way to reach residents with information on preparing recyclables to minimize litter? Tools Resident survey Driver input 2008 Solid Waste Annual Report & 2009-2010 Recycling Program Education Work Plan Page 18 aty or Agenda 7 . 1 Ply mouth Number: 1771 Q.-oll to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk April 28, 2009 Reviewed by: Cal Portner, Administrative Services Director Approve On -Sale 3.2 Liquor and Wine Application for Solos Item: Pizza Cafe (Brian Banick, Bruce Thomson & John Osterberg), d/b/a Solos Pizza Cafe, 2700 Annapolis Circle, Suite K 1. ACTION REQUESTED: Conduct a public hearing, and unless information is received to the contrary, adopt the attached resolution approving On -Sale 3.2 Liquor and Wine Licenses for Solos Pizza Cafe, d/b/a Solos Pizza Cafe, 2700 Annapolis Circle, Suite K, for the license period May 1, 2009 through January 31, 2010. Brian Banick, Bruce Thomson, and John Osterberg are the officers of the corporation. 2. BACKGROUND: The City has received an application for an On -Sale 3.2 Liquor and Wine Licenses from Solos Pizza Cafe, d/b/a Solos Pizza Cafe, 2700 Annapolis Circle, Suite K. This is a new liquor licensee. 3. BUDGET IMPACT: All fees have been paid and certificates of insurance provided. The license application has been investigated and is recommended for approval by the Police Department. The applicant will be participating in the City's Best Practices Program. 4. ATTACHMENTS: a. Notice of Hearing b. Map and List of Property Owners within 500' of Location c. Resolution Page 1 CITY OF PLYMOUTH NOTICE OF HEARING WINE AND ON—SALE 3.2 MALT LIQUOR LICENSE APPLICATIONS FOR SOLOS PIZZA CAFE D/B/A SOLOS PIZZA CAFE, 2700 ANNAPOLIS CIRCLE, SUITE K NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the wine and on—sale 3.2 malt liquor license applications from Solos Pizza Cafe, D/B/A Solos Pizza Cafe, 2700 Annapolis Circle, Suite K, on Tuesday, April 28, 2009, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Hall, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application will be heard at that time. Sandra R. Engdahl City Clerk 763-509-5080 Page 2 W'.,L 2700 ANNAPOLIS CIRCLE, STE zr Page 3 h_J L 2700 ANNAPOLIS CIRCLE, STE zr Page 3 22-118-22-31-0017 22-118-22-42-0010 22-118-22-43-0024 LIBERTY PROPERTY LTD PTRNSHP LIBERTY PROPERTY LTD PTRNSHP 2020 INVESTMENTS LLC 500 CHESTERFIELD PKY 500 CHESTERFIELD PKY 3109 COMMERCIAL AVE MALVERN, PA 19355 MALVERN, PA 19355 MADISON, WI 53714 22-118-22-43-0021 22-118-22-43-0017 22-118-22-43-0022 PLYMOUTH PROPERTIES LLC LIBERTY PROPERTY LIMITED PARTNERSHIP CAMPUS DRIVE LLC 1060 DAKOTA DR 10400 VIKING DR # 130 1074 WILDHURST TRL MENDOTA HEIGHTS, MN 55120 EDEN PRAIRIE, MN 55344 MOUND, MN 55364 22-118-22-34-0006 22-118-22-43-0026 22-118-22-43-0027 JCC PLYMOUTH LLC CSM EQUITIES, LLC CSM EQUITIES, LLC 14480 GROUSE LN ATTN: BARB STIFTER - ACCTG ATTN: BARB STIFTER - ACCT ROGERS, MN 55374 500 WASHINGTON AVE S # 3000 500 WASHINGTON AV S # 300 MINNEAPOLIS, MN 55415 MINNEAPOLIS, MN 55415 22-118-22-43-0025 22-118-22-34-0018 22-118-22-43-0019 BENTHILL PROPERTY LLC MC DONALDS CORP HOLIDAY STATION #139 ROSEMARY THIEL 1650 82ND ST W # 900 PO BOX 1224 4625 BROWNDALE AVE BLOOMINGTON, MN 55431 MINNEAPOLIS, MN 55440 EDINA, MN 55424 22-118-22-31-0024 27-118-22-12-0010 22-118-22-43-0006 WESTHEALTH INC TIMOTHY G HILDE REGENCY PLYMOUTH VENTURES C/O KATE DAFF TODD HILDE LIMITED PARTNERSHIP 2805 CAMPUS DR # 465 2530 XENIUM LN N 3211 W SENCORE DR PLYMOUTH, MN 55441 PLYMOUTH, MN 55441 SIOUX FALLS, SD 57107 22-118-22-34-0016 22-118-22-34-0020 22-118-22-34-0020 FIRST NATIONAL BANK FULDA MINNESOTA R-ROOF VI, LLC RED ROOF INNS INC #7202 600 MAIN ST C/O TAX DEPT ATTN: TAX DEPT BRITTON, SD 57430 4001 INTERNATIONAL PKY 14651 DALLAS PKY # 500 CARROLLTON, TX 75007 DALLAS, TX 75240 Page 4 CITY OF PLYMOUTH RESOLUTION No. 2009 - A RESOLUTION TO APPROVE AN ON -SALE 3.2 LIQUOR AND WINE LICENSE FOR SOLOS PIZZA CAFE, D/B/A SOLOS PIZZA CAFE, 2700 ANNAPOLIS CIRCLE, SUITE K WHEREAS, the City has received an application for an On -Sale 3.2 Liquor and Wine License from Solos Pizza Cafe, d/b/a Solos Pizza Cafe, 2700 Annapolis Circle, Suite K; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, an investigation of the applicant and operating manager by the Plymouth Police Department resulted in no recommendation for denial of the license; and WHEREAS, a public hearing was conducted and the City Council finds no reason to deny the license. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that an On -Sale 3.2 Liquor and Wine License is hereby approved for Solos Pizza Cafe, d/b/a Solos Pizza Cafe, 2700 Annapolis Circle, Suite K. The liquor license is issued for the period May 1, 2009 through January 31, 2010. Approved this 28th day of April 2009. Page 5 aty or Agenda 7 . 2 Ply mouth Number: 1771 Q.-oll LO Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk April 28, 2009 Reviewed by: Cal Portner, Administrative Services Director Approve On -Sale 3.2 Liquor and Wine Application for India Item: Palace Plymouth Inc. (Diljit Khosa), d/b/a India Palace, 4190 Vinewood Lane North, Suite 120 1. ACTION REQUESTED: Conduct a public hearing, and unless information is received to the contrary, adopt the attached resolution approving On -Sale 3.2 Liquor and Wine Licenses for India Palace Plymouth Inc., d/b/a India Palace, 4190 Vinewood Lane North, Suite 120, for the license period April 29, 2009 through January 31, 2010. Diljit Khosa is the Chief Executive Officer of India Palace Plymouth Inc. 2. BACKGROUND: The City has received an application for an On -Sale 3.2 Liquor and Wine Licenses from India Palace Plymouth Inc. d/b/a India Palace, 4190 Vinewood Lane North, Suite 120. There will be corporate change of ownership, and the new owner desires to continue serving alcohol. 3. BUDGET IMPACT: All fees have been paid and certificates of insurance provided. The license application has been investigated and is recommended for approval by the Police Department. The applicant will be participating in the City's Best Practices Program. 4. ATTACHMENTS: a. Notice of Hearing b. Map and List of Property Owners within 500' of Location c. Resolution Page 1 CITY OF PLYMOUTH NOTICE OF HEARING WINE AND ON—SALE 3.2 MALT LIQUOR LICENSE APPLICATIONS FOR INDIA PALACE PLYMOUTH INC. D/B/A INDIA PALACE RESTAURANT, 4190 VINEWOOD LANE NORTH, #120 NOTICE IS HEREBY GIVEN that the Plymouth City Council will conduct a hearing on the wine and on—sale 3.2 malt liquor license applications from India Palace Plymouth Inc., D/B/A India Palace Restaurant, 4190 Vinewood Lane North, #120, on Tuesday, April 28, 2009, at 7:00 p.m. The hearing will be held in the Council Chambers of the Plymouth City Hall, 3400 Plymouth Boulevard. All persons wishing to address the Council regarding this application will be heard at that time. Sandra R. Engdahl City Clerk 763-509-5080 Page 2 1_2 AML 0 syr two 41'INEWOOD LANE N, #120 I Im 21-A: 5w 750 i.clx Dzp f It Page 3 15-118-22-42-0011 15-118-22-12-0048 15-118-22-42-0012 SEARS PROPERTY HOLDINGS LLC MARTIN MCGRAW ALBERT C KEMPF 13500 WAYZATA BLVD CORINNE MCGRAW 262 ASHLEY RD MINNETONKA, MN 55305 P 0 BOX 728 HOPKINS, MN 55343 COKATO, MN 55321 15-118-22-11-0002 15-118-22-14-0005 15-118-22-41-0003 HENNEPIN CO PARK RESERVE DIST HENNEPIN CO PARK RESERVE DIST HENN CO PARK RES DIST 3800 CO RD 24 3800 CO RD 24 3800 CO RD 24 MAPLE PLAIN, MN 55359 MAPLE PLAIN, MN 55359 MAPLE PLAIN, MN 55359 15-118-22-42-0008 15-118-22-13-0004 15-118-22-13-0010 FIRST NATIONAL BANK OF WAYZATA BETTGER INC ROCKY POINT PRTNRSHP 1053 E WAYZATA BLVD 18315 RIDGEWOOD RD 5012 RICHMOND DR WAYZATA MN 55391 MINNETONKA, MN 55435 EDINA, MN 55436 15-118-22-13-0011 15-118-22-42-0014 15-118-22-42-0009 TARGET CORPORATION T-0664 538 EMMUT PROPERTIES, LLC COTTONWOOD PLAZA LLLP C/O PROPERTY TAX DEPARTMENT 4000 VINEWOOD LN N PO BOX 41246 TPN - 0950 PLYMOUTH, MN 55441 3900 VINEWOOD LN N P 0 BOX 9456 PLYMOUTH, MN 55441 MINNEAPOLIS, MN 55440-9456 15-118-22-41-0002 15-118-22-12-0049 15-118-22-12-0050 CHURCH OF ST JOSEPH JEFFREY V SKOLD JOHN A FOLEY JR 13015 ROCKFORD RD MAXINE M SKOLD SHARI FOLEY PLYMOUTH, MN 55441 4200 UNDERWOOD LN N 4205 UNDERWOOD LN N PLYMOUTH MN 55442 PLYMOUTH MN 55442 15-118-22-12-0051 15-118-22-12-0030 15-118-22-12-0037 THOMAS L JONES SCOTT B ZIMA MARK T STEIL LINDA E JONES SUZANNE L ZIMA ALYSON B STEIL 4215 UNDERWOOD LN N 4200 XENIUM LN N 4225 WEDGEWOOD LN N PLYMOUTH, MN 55442 PLYMOUTH MN 55442 PLYMOUTH, MN 55442 15-118-22-12-0038 15-118-22-12-0039 15-118-22-12-0040 JAMES W ARNOST PATRICK P HENKEMEYER JOHN V FOSTER AMY E ARNOST SUSAN R HENKEMEYER MELONY L MICHEALS 4215 WEDGEWOOD LN N 4205 WEDGEWOOD LN N 4200 WEDGEWOOD LN N PLYMOUTH MN 55442 PLYMOUTH, MN 55442 PLYMOUTH, MN 55442 15-118-22-12-0041 15-118-22-12-0042 15-118-22-12-0043 MICHAEL A LEAR DENNIS D MURSCHEL STEVEN G MCCOURTNEY 4210 WEDGEWOOD LN N JANE M MURSCHEL 4230 WEDGEWOOD LN N PLYMOUTH, MN 55442 4220 WEDGEWOOD LN N PLYMOUTH, MN 55442 PLYMOUTH MN 55442 15-118-22-12-0045 15-118-22-12-0046 15-118-22-12-0047 KEVIN L JOSLYN MARK T LUNDBERG FRANK A MEUERS KRISTINA L JOSLYN 4230 UNDERWOOD LN N VIRGINIA B MEUERS 4240 UNDERWOOD LN N PLYMOUTH, MN 55442 4220 UNDERWOOD LN N PLYMOUTH, MN 55442 PLYMOUTH MN 55442 Page 4 15-118-22-14-0008 15-118-22-14-0009 15-118-22-14-0010 RETA M BENNETT STEVEN M SCHULTE SHERYL L SHEEKS JANICE M FLEMING 4135 QUINWOOD LN N 4145 QUINWOOD LN N 4130 QUINWOOD LN N PLYMOUTH MN 55442 PLYMOUTH MN 55442 PLYMOUTH, MN 55442 PLYMOUTH MN 55442 PLYMOUTH MN 55442 15-118-22-14-0012 15-118-22-14-0013 15-118-22-14-0014 ROBERT G CLEMENTS RONALD J SZEWS BRIAN A BACHMEIER LORI A FRANK JANICE W SZEWS SARAH J BACHMEIER 12815 42ND PL N 12825 42ND PL N 12835 42ND PL N PLYMOUTH, MN 55442 PLYMOUTH MN 55442 PLYMOUTH MN 55442 15-118-22-14-0015 15-118-22-14-0044 15-118-22-12-0052 KIRK WILLIAMS CITY OF PLYMOUTH STATE OF MINNESOTA MARY WILLIAMS 3400 PLYMOUTH BLVD 300 S 6TH ST GOV CTR 12845 42ND PL N PLYMOUTH, MN 55447 MPLS, MN 55487-0063 PLYMOUTH, MN 55442 15-118-22-13-0006 15-118-22-13-0007 15-118-22-13-0008 BPP RETAIL LLC BPP RETAIL LLC BPP RETAIL LLC US RETAIL PARTNERS LLC US RETAIL PARTNERS LLC US RETAIL PARTNERS LLC C/O PROPERTY TAX DEPT C/O PROPERTY TAX DEPT C/O PROPERTY TAX DEPT PO BOX 790830 PO BOX 790830 PO BOX 790830 SAN ANTONIO, TX 78279 SAN ANTONIO, TX 78279 SAN ANTONIO, TX 78279 15-118-22-13-0009 BPP RETAIL LLC US RETAIL PARTNERS LLC C/O PROPERTY TAX DEPT PO BOX 790830 SAN ANTONIO. TX 78279 Page 5 CITY OF PLYMOUTH RESOLUTION NO. 2009 - A RESOLUTION TO APPROVE AN ON -SALE 3.2 LIQUOR AND WINE LICENSE FOR INDIA PALACE PLYMOUTH INC., D/B/A INDIA PALACE, 4190 VINEWOOD LANE NORTH, SUITE 120 WHEREAS, the City has received an application for an On -Sale 3.2 Liquor and Wine License from India Palace Plymouth Inc., d/b/a India Palace, 4190 Vinewood Lane North, Suite 120; and WHEREAS, the applicant has paid all fees and provided all required insurance certificates; and WHEREAS, an investigation of the applicant and operating manager by the Plymouth Police Department resulted in no recommendation for denial of the license; and WHEREAS, a public hearing was conducted and the City Council finds no reason to deny the license. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that an On -Sale 3.2 Liquor and Wine License is hereby approved for India Palace Plymouth Inc., d/b/a India Palace, 4190 Vinewood Lane North, Suite 120. The liquor license is issued for the period April 29, 2009 through January 31, 2010. Approved this 28th day of April 2009. Page 6 Cityof Agenda 7.3PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer April 28, 2009 Reviewed by: Doran Cote, P.E., Director of Public Works Public Improvement Hearing and Order Plans and Item: Specifications for the 36th Avenue Street Reconstruction Project, City Project No. 8104 1. ACTION REQUESTED: Make a motion to adopt the attached resolution ordering the improvement, and authorizing the preparation of plans and specifications by the City Engineering Department for the 36th Avenue Street Reconstruction Project, City Project No. 8109. This resolution requires 6 votes for approval. 2. BACKGROUND: On April 14, 2009 the City Council accepted the Preliminary Engineering Report and set April 28, 2009 as the public hearing date for reconstructing 36th Avenue between Vicksburg Lane and Plymouth Boulevard. A partial reconstruction is recommended for 36th Avenue. This will include removal of the bituminous surface, replacing the subgrade material with sand and rebuilding the crushed rock and bituminous layers. The proposed typical section will be based on a 10 -ton design, which will meet Mn/DOT's design requirements for state aid streets. In addition, concrete curb and gutter will be replaced as necessary and storm sewer will be installed to properly convey storm water runoff. Streetscape enhancements will also be included with this project, as referenced in the City Center Design Book. A 12 foot wide "Pedestrian Spine" sidewalk is proposed to be installed with this project, with four -12 foot wide crosswalks located between Vicksburg Lane and Plymouth Boulevard. In addition, conduits to four existing median islands would be installed for a future sprinkler system and electrical service. If approved, construction of 36th Avenue is expected to begin in August of 2009. It is anticipated that there will be two other construction projects in progress adjacent to 36th Avenue, the new Hennepin County Library, and a private development in the Cub Foods parking lot. Staff will continue to coordinate with these two other projects to ensure all three projects tie into each other as planned. This includes, but not limited to, access during construction, sidewalk installation, sanitary sewer service Page 1 connection, sod installation and driveway replacement. The paving of the final layer of asphalt will also be timed to minimize damage due to construction activity. The proposed assessments for this project are based on front footage on 36th Avenue and range from $82,968.31 to $608.73 per property. The attached map shows the proposed assessments for each property. The assessment estimate of $608.73 is for 35 condominiums on the property located on the southwest corner of 36th Avenue and Plymouth Boulevard. Attached is a copy of the information handout material for the public hearing. The handout explains the public hearing process, proposed improvements, includes a copy of the current Street Reconstruction Assessment Policy. 3. BUDGET IMPACT: The Preliminary Engineering Report includes specific recommendations, but the total estimated project cost for 36th Avenue is approximately $710,000. The street reconstruction is estimated at $510,000 with the streetscape enhancements expected to cost $200,000. This project is included in the 2009-2013 Capital Improvement Program (CIP) in the amount of $710,000 for the street reconstruction and streetscape enhancements. Funding for this project will be from the Municipal State Aid Fund 302,000), assessments ($206,250), the Community Improvement Fund ($200,000) and the Sewer Fund ($1,750). The City Council has adopted a policy for financing street reconstruction with the City paying 60% and the benefiting property owners paying 40% of the total cost. In addition, concrete aprons will be installed at driveways that do not have them, with the cost to be assessed at 100% to the benefiting property owner. 4. ATTACHMENTS: Maps Project Hearing Information Packet Resolution Page 2 17 va CD in i C.P. 8 104 36th Avenue Reconstruction Assessment Map 1611822330004 961182233001 161182233001 51,922.02 $27,565.92 $23,956.90 36TH AVE m tl) 2999522220095 82,968.31 C) 211182222 0022-0058 Total $29,305.59 Individual $608.73 1. O\ l 1 LV Y Page 4 Improvement Public Hearing 36 th Avenue Street Reconstruction Project Project No. 8104 7:00 P.M. April 28, 2009 Agenda Item: Page 5 AGENDA FOR PUBLIC HEARING 36TH AVENUE STREET RECONSTRUCTION PROJECT CITY PROJECT NO. 8104 April 28, 2009 - 7:00 P.M. 1. Call to Order - Mayor Slavik presiding, 7:00 p.m. at the City Council Chambers. 2. Purpose of meeting — Kelli Slavik, Mayor. a. The Council and staff, after careful consideration, have decided to consider the installation of improvements to the area listed above. b. Property owners will have an opportunity to question these proposed improvements and express their views. 3. The meeting was carefully and thoroughly announced in three ways: a. Notices were published in the Plymouth Sailor as required by law. b. Written notice was mailed to each property owner in the improvement area as shown by the records of the Hennepin County Auditor's tax statement mailing list. C. Announcements and discussions at Council meetings. 4. The procedure to speak at the hearing will be as follows. a. Write name and address on blue card. b. Pass card to person collecting them or give it to the Mayor. C. When your name is called, come up to the microphone. d. Please speak clearly into the microphone so that all may benefit from your remarks. e. No one may speak twice until all others who wish to have done so. Please give your name and address each time you speak. 5. Description of project — Jim Renneberg, Assistant City Fngineer. 6. Open Hearing. 7. Close or Adjourn Hearing. 8. Determination of Council. 0:. EygmxaingiMJE.CM2000 - 2009k81MPubHrg9Agmd&PubHrgL8 109Aoc Page 6 PROJECT INFORMATION SHEET 36`x' AVENUE STREET RECONSTRUCTION PROGRAM CITY PROJECT NO. 81014 This handout discusses the 36h Avenue Street Reconstruction Project which will be reviewed by the City Council at a public hearing on April 28, 2009. Following the public hearing the City Council will decide whether to proceed with the project. PROJECT OVERVIEW: A partial reconstruction is recommended for 36`h Avenue between Vicksburg Lane and Plymouth Boulevard. This will include removal of the bituminous surface, replacing the subgrade material with sand and rebuilding the crushed rock and bituminous layers. The proposed typical section will be based on a l0 -ton design, which will meet Mn/DOT's design requirements for state aid streets. In addition, concrete curb and gutter will be replaced as necessary and storm sewer will be installed to properly convey storm water runoff. Streetscape enhancements will also be included with this project, as referenced in the City Center Design Book. A 12 foot wide "Pedestrian Spine' sidewalk is proposed to be installed with this project, with four -12 foot wide crosswalks located between Vicksburg Lane and Plymouth Boulevard. In addition, conduits to four existing median islands would be installed for a future sprinkler system and electrical service. Disturbed lawn areas will be sodded and disturbed driveways will be repaired with materials similar to the existing driveway. Workmanship on the project is warrantied by the contractor for a two-year period. PROJECT SCHEDULE Our current schedule anticipates that construction will begin in August, 2009 and be substantially completed in October of 2009. Driveway access is generally maintained throughout the project, unless curb or aprons are needed to be replaced or installed. If that is the case, it will be replaced in stages so that you will still have access, although restricted, to your property for the concrete curing period. To get project updates during the construction season please visit the City's website www.ci.plymouth.mn.us. A newsletter will also be sent to all property owners in the project area prior to construction starting, which will update you on the schedule and process of the project. CITY PERSONNEL Questions or comments regarding the 36,h Avenue Street Reconstruction Project, C.F. 81.04, should be directed to Jim Renneberg, Assistant City Engineer, at 763-509-5541. O: P.OACT=W-mamaioc?.bw imusn s aao Page 7 CITY OF PLYMOUTH ASSESSMENT`' POLICY The 2008 Street Reconstruction Project is proposed to be assessed to the adjacent properties in accordance with the City of Plymouth Street Reconstruction Assessment Policy. A copy of this policy is attached for reference. There area three types of assessments that could apply to this project and include curb and gutter, storm sewer and street reconstruction. The street reconstruction is assessed at 40% and is based on a unit rate per residential lot. The remaining 60% of the 35ei Avenue Street Reconstruction Project is proposed to be funded through the Street Reconstruction Fund. The cost of new concrete aprons will be assessed 100% to the property owners, if there is no concrete apron that currently exists. If the project is approved at the April 28, 2009 Public Hearing, a separate public hearing, called an Assessment Hearing, will be held once the construction has been completed in October, 2009. The purpose of this hearing is to determine the final assessment amounts and to solicit public comment regarding the amount of the assessments. Those who do not pay their assessments in full may pay over a period of years and at an interest rate to be determined by the City Council at the Assessment Hearing. These payments are included in your property taxes, and are not invoiced separately. W.F.uynwcr5i+ ,MOSECTS12.W - 20MI Odgkb ii.—ioE1Pr.j1.fos1n9[04.&. Page 8 PUBLIC IMPROVEMENT SPECLkLASSESSMENT POLICY SREET RECONSTRUCTION SUMMARY Street Reconstruction. The City Council has adopted a long-range plan providing for the periodic reconstruction, including mill and overlay, of all paved city streets. With the improvement of streets, as a result of reconstruction .or mill and overlay, adjoining properties receive special benefit that results in the increase of the property's value. It is the policy of the City that this special benefit should be paid for by the property owner receiving the special benefit rather than the City as a whole. This is accomplished by specially assessing the benefited property as authorized by State Statute, Section 429. The following is the City of Plymouth's policy regarding special assessments to properties benefiting from street improvements. a. It is the policy of the City to specially assess abutting benefiting propertyies for . street reconstruction costs, but not in excess of the special benefit to the property. This policy applies to all streets that are public streets. b. The assessment amount for the reconstruction or mill and overlay of previously paved streets shall be determined annually y the City Council. The assessment amount is based on the following: 1) Benefited properties shall be assessed 40% of the actual project cost. 2) For the purposes of street reconstruction or mill and overlay, the project costs will include the cost of replacing or repairing concrete curb and gutter. In those cases where bituminous curbing is replaced with concrete curb and gutter, or where curb and gutter 4id not previously exist, the additional special benefit will be assessed. The cost to be assessed shall be 100% of the cost of installing theconcrete curb and gutter. This cost will be assessed on either a front foot or unit basis. The addition of a storm sewer system will also be considered an additional benefit and shall be assessed at 100% of the cost. 3) Assessments for properties guided or zoned for single-family use shall be made on a per parcel (unit) basis for a local residential or residential low volume street design standard as provided for in Plymouth City Code and Engineering Guidelines. A property may be assessed for more than one unit in cases where the property could be reasonably further subdivided in accordance with current zoning and subdivision requirements. 4) For properties guided or zoned for other than single family use, the City shall calculate equivalent units based on the guided or zoned use. The equivalent units may be based on front footage or area depending upon the guided or zoned use and parcel configuration. 5) if a street is reconstructed to a design standard greater than the current design standard due to the guided or zoned uses, the additional cost to l Page 9 a i Page 9 reconstruct the street shall be fully assessed to those properties. If the street is reconstructed to.a design different than the current standard, the total cost shall be folly assessed to those properties if conditions warrant. 6) Properties abutting county roadways reconstructed to complete urban design and having reasonable access thereto shall be assessed in accordance with this policy. The assessments shall be used to defray the City's cost participation in the county improvement projects. 7) Properties or areas of property that have been determined to be unbuildable shall be excluded from assessments. S) Properties not abutting roadways reconstructed to complete urban design but whose primary public street access is from said roadway shall be assessed an amount equal to the special benefit received as determined by a certified real property appraiser. Page 10 Page 10 Improvement Public Hearing 36th Avenue Street Reconstruciton Project Estimated Assessments PID Name Address CSZ CSZ CSZ Assessment 16-118-22-33-0004 HENNEPIN COUNTY 417 5TH ST N # 320 MINNEAPOLIS, MN 55401 51,922.02 16-118-22-33-0012 QUEST DEVELOPMENT INC 10700 OLD CO RD 15# 150 PLYMOUTH, MN 55441 23,956.10 16-118-22-33-0013 PLYMOUTH PLAZA I LLC 10700 OLD COUNTY ROAD 15 # 150 PLYMOUTH, MN 55441 27,965.92 21-118-22-22-0015 CUB FOODS 3550 VICKSBURG LN N PLYMOUTH MN 55447 82,968.31 21-118-22-22.0022 101 PROPERTIES,LLC AT7N BRAD MIDDENDORF 3030 CO RD 101 N PLYMOUTH, MN 55447 608-73 21-118-22-22.0023 101 PROPERTIES,LLC ATTN BRAD MIDDENDORF 3030 CORD 101 N PLYMOUTH, MN 55447 608.73 21-118-22-22-0024 101 PROPERTIES,LLC ATTN BRAD MIDDENDORF 3030 CORD 101 N PLYMOUTH, MN 55447 608.73 21-118-22-22-0025 FOUR CORNERSTONES LLC 3515 PLYMOUTH BLVD# 204 PLYMOUTH, MN 55447 608.73 21-118-22-22-0026 BLANK CORPORATION 3515 PLYMOUTH BLVD # 105 PLYMOUTH, MN 55447 608.73 21-118-22-22-0027 NOTRE MAISON, LLC 3515 PLYMOUTH BLVD # 106 PLYMOUTH, MN 55447 608.73 21.118-22-22-01028 BOYER REAL ESTATE HOLDING, LLC 3525 PLYMOUTH BLVD # 107 PLYMOUTH, MN 608.73 21-118-22-22.0029 THUY-MARK PROPERTIES, LLC 3525 PLYMOUTH BLVD # 108 PLYMOUTH, MN 55447 608.73 21-118-22-22.0030 R E VENTURES II LLC 3525 PLYMOUTH BLVD # 109 PLYMOUTH, MN 55447 608.73 21-118-22-22-0031 LGM PROPERTIES, LLC 3535 PLYMOUTH BLVD # 110 PLYMOUTH, MN 55447 608.73 21-116-22-22-0032 SOURCE CONSTRUCTION CAPITAL 3535 PLYMOUTH BLVD # 111 PLYMOUTH, MN 55447 608.73 21-118-22-22-0033 GREGORY L GITTSOVICH LYNDMILA V GITTSOVICH 3535 PLYMOUTH BLVD # 112 PLYMOUTH, MN 55447 608.73 21-118-22-22-0034 LEE BUSINESS PRODUCTS, LLC 3545 BLVD# 113 PLYMOUTH, MN 55447 608.73 21-118-22-22.0035 LEE BUSINESS PRODUCTS, LLC 3545 PLYMOUTH BLVD # 114 PLYMOUTH, MN 55447 608.73 21-118-22-22-0036 THE CALVIN FUND LLC 3545 PLYMOUTH BLVD # 115 PLYMOUTH, MN 55447 608.73 21-118-22-22-0037 TABOR PROPERTIES, LLC 3555 PLYMOUTH BLVD # 117 PLYMOUTH, MN 55447 608.73 21-118-22-22-0038 TABOR PROPERTIES, LLC 3555 PLYMOUTH BLVD # 117 PLYMOUTH, MN 55447 608.73 21-118-22-22-DO39 LIFE IS GOOD LLC 3555 PLYMOUTH BLVD # 118 PLYMOUTH, MN 55447 608,73 21-118-22-22.0040 PLYMOUTH TOWN CENTRE LLC 15600 35TH AVE N # 201 PLYMOUTH, MN 55447 608.73 21-118-22-22-0041 MCKEE AND ANDREWS 15600 35TH AVE N # 202 PLYMOUTH, MN 55447 608-73 21-118-22-22-0042 PAKLAND LLC 15600 35TH AVE N # 203 PLYMOUTH, MN 55447 608.73 21-118-22-22-0043 FOUR CORNERSTONES LLC 3515 PLYMOUTH BLVD #204 PLYMOUTH, MN 55447 608.73 21-118-22-22-0044 JOHN P OHALLORAN THEODORE ANSUSINHA 3515 PLYMOUTH BLVD # 205 PLYMOUTH, MN 55447 608.73 21-118-22-22-0045 PLEXUS PROPERTIES LLC 3515 PLYMOUTH BLVD # 206 PLYMOUTH, MN 55447 608.73 21-118-22.22-0046 BOYER REAL ESTATE HOLDING, LLC 3525 PLYMOUTH BLVD # 107 PLYMOUTH, MN 608.73 21-118-22-22-0047 RRY 1, LLC 3525 PLYMOUTH BLVD # 208 PLYMOUTH, MN 55447 608.73 21-118-22.22-0048 R E VENTURES II LLC 3525 PLYMOUTH BLVD # 109 PLYMOUTH, MN 55447 608.73 21-118-22-22-0049 BEHM FAMILY LLC QUAZAR CAPITAL CORP ATTN BRUCE BEHM 3535 PLYMOUTH BLVD # 210 PLYMOUTH, MN 55447 $608.73 21-118-22-22-0050 MAYBUSH INVESTMENTS LLC 3535 PLYMOUTH BLVD # 211 PLYMOUTH, MN 55447 608.73 21-118-22.22-0051 ALLIED CONCERT SERVICES INC 3535 PLYMOUTH BLVD # 212 PLYMOUTH, MN 55447 608.73 21-118-22-22-0052 JOSEPH J CAVANAUGH SR BARBARA A CAVANAUGH 3220 NIAGARA LN N PLYMOUTH, MN 55447 608.73 21-118-22-22-0053 ALMARK 3545 PLYMOUTH BLVD # 214 PLYMOUTH, MN 55447 608.73 21-118-22.22.0054 JOSEPH J CAVANAUGH JR 275 LAKEVIEW RD WAYZATA, MN 55391 608.73 21-118-22.22-0055 JAYSUE LLC ATTN ELLIE ADELMAN 3555 PLYMOUTH BLVD # 216 PLYMOUTH, MN 55447 608,73 21-118-22-22-0058 HYPERBARIC OXYGEN THERAP[ES INC 3555 PLYMOUTH BLVD # 218 PLYMOUTH, MN 55447 608.73 CITY OF PLYMOUTH RESOLUTION N0. 2009 - A RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 36TH AVENUE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 8104 WHEREAS, the City Council adopted a resolution on the 14h day of April, 2009, which fixed a date for a council hearing on the proposed improvement of 36th Avenue from Vicksburg Lane to Plymouth Boulevard; and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon the 28 day of April, 2009, at which all persons desiring to be heard will be given an opportunity to be heard thereon, and WHEREAS, ordering this improvement requires a 4/5 vote of the Council (six votes) since the project has not been petitioned for by the benefiting owners. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plymouth City Council of the City of Plymouth, Minnesota: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the Council resolution adopted April 28, 2009. 3. The Plymouth Engineering Department is designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. APPROVED THIS 28TH DAY OF APRIL, 2009. Page 12 rp) SAAgenda Plymouth Number: 1 E Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Shawn Drill, Senior Planner COUNCIL MEETING Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, April 28, 2009 Community Development Director Item: Annual Update to the Zoning Ordinance and City Code (2008076) 1. ACTION REQUESTED: Move to adopt the following attached items: a) An ordinance amending the text of Chapter 21 of the City Code entitled The Plymouth Zoning Ordinance—with substitute language for Amendment -4567 as provided in this report; b) An ordinance amending the text of Chapters 4, 5, 8, 9, 10, and 11 of the City Code; and c) An ordinance approving summary publication of the above-described ordinances. Approval of the text amendments requires a 4/7 vote of the City Council. Approval of the ordinance for summary publication requires a 617 vote. 2. BACKGROUND: On April 15, 2009, the Planning Commission conducted the public hearing and subsequently voted 6-1 (Jaffoni voted nay) to recommend approval of the annual update. No one from the public requested to speak at. the public hearing. A copy of the Planning Commission meeting minutes and report is attached. The main issue discussed by the Planning Commission focused on proposed changes to the City's shoreland regulations. Commissioner Jaffoni voted against the amendments because they include significant policy changes relating to the City's shoreland regulations. Specifically, the maximum impervious surface coverage for parcels located within 500 feet of a lake would increase from 25 percent to 30 percent if the parcel is served by NURP ponding. Furthermore, the maximum impervious surface coverage for parcels located between 500 feet and 1,000 feet from a lake would increase from 25 percent to 30 percent regardless of whether or not the site is served by NURP ponding. Commissioner Jaffoni said that she believes it is not appropriate to allow an increase in impervious surface coverage without requiring a BMP (best management practice) for controlling or improving stormwater runoff. Other Commissioners concurred with Commissioner Jaffoni that this would be a significant policy change, and stated that the City Council should pay careful consideration to the issue. Subsequent to the Planning Commission meeting, staff developed substitute language to Amendment #567 for the City Council's consideration. The substitute language would allow an increase in impervious surface coverage up to 30 percent without a variance, provided a City -approved BMP or combination of BMPs (best management practices) for controlling or improving storm water runoff is included to offset any increase above 25 percent. The substitute language does not appear in the attached ordinance, but is provided below. SUBSTITUTE LANGUAGE: JrJ2. SECTION 21665.04 (SHORELAND MANAGEMENT OVERLAY DISTRICT— GENERAL DENSITY AND DESIGN STANDARDS), SUBD. 4 IS HEREBY AMENDED AS FOLLOWS: Subd.4. Maximum Impervious Surface Area and Stormwater Management Standards: a) Maximum Impervious Surface Area. The total area of all impervious surfaces on at lot shall not exceed twenty-five (25) percent of the total lot area lying above the ordinary high water level,_ except that the total area of all impervious surfaces, may be increased up to thirty (30) percent of the total lot area lig above the ordinary high water level if a City -approved BMP or combination of BMPs (best mana ement practices) for controlling or improving storm water runoff is provided in a manner that offsets any increase over twenty-five (25) percent. (Examples of BMPs include rain gardens, infiltration basins, and riparian buffers.) None of the allowable increase from twenty-five 25percent to thirty 30percent shall occur within a shore impact zone or bluff impact zone. (Amended by Ord. No. 2004-02, 01/13/04) On April 21, 2009, staff met with representatives from the DNR (Department of Natural Resources) to review the proposed changes to the shoreland regulations. The DNR indicated that the proposed changes would be acceptable upon receipt of some additional background information and with a minor change to clarify the definition of impervious surface. Staff has since provided the DNR with the additional information and has added the requested verbiage to the definition of impervious surface. 3. SUMMARY PUBLICATION: State law requires that ordinances be published in the City's Official Newspaper. However, in the case of lengthy ordinances, the law allows publication of a summary of the ordinance to fulfill this requirement. The City Council has approved summary publications in the past for annual updates to the Zoning Ordinance. 4. BUDGET IMPACT: The summary publication would result in substantial cost savings to the City, because publication of the full ordinance would cost roughly $15,900 and publication of the summary ordinance would cost roughly $150. 5. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Ordinance Amending Zoning Ordinance Text (Attachment A) Ordinance Amending City Code Text (Attachment B) Ordinance Approving Summary Publication (Attachment C) Draft Minutes City of Plymouth Planning Commission Meeting April 15, 2009 MEMBERS PRESENT: Chair James Davis, Commissioners Dick Kobussen, Terry J Gordon Petrash, Scott Nelson, Erik Aamoth and Marc Anderson , MEMBERS ABSENT: None STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Planner Marie Darling, Senior Planner Joshua Doty and Office Support Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA Chair Davis said Item b.A. has been wi Krawn by Joe Senser's. Drill, Senior tative Janice MOTION by Commissioner P sh, seconded by Commissioner Kobussen, to approve the amended April 15, 2009 PlannXg Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AG12NDA A. APPROV.CL OF THE APRIL 1, 2009 PLANNING COMMISSION MINUTES MOTION X Commissioner Nelson, seconded by Commissioner Kobussen, to approve the Anrrl 1 n pla,nina ('nmmigcinn Tin»tac VnfP 7 AvarMCl'I`MAY nr. rnyred PUBLIC HEARINGS B. CITY OF PLYMOUTH (2008076) Chair Davis introduced the annual update of the City Code and Zoning Ordinance. Senior Planner Drill outlined the item and noted that the amendments include implementation provisions for the City's recently approved 2030 Comprehensive Plan. He noted that all of the proposed changes are outlined in the summary document that was included in the packet. Senior Planner Darling reviewed proposed design standards for new townhouse developments and Draft Planning Commission Minutes April 15, 2009 Page 2 reductions to the parking requirements for office and retail districts. Senior Planner Doty discussed proposed changes to the City Code related to tree preservation regulations. Senior Planner Drill reviewed the new RSF-R zoning district and discussed some of the proposed amendments including animal provisions, landscaping, and shoreland regulations. Chair Davis opened and closed the public hearing, as there was no one present to speak on the item. Commissioner Anderson asked why there is no minimum lot depth for the new RSF-R district. He said he has noticed that many of the zoning districts do not specify a lot depth requirement. Senior Planner Drill said minimum depths are not established in most of the districts. This is because in order to meet both lot width and lot area requirements for new platting, the lot depth is generally greater than the width. Commissioner Anderson asked about amendment #508 (P. 224) requiring outside storage areas to have either a blacktop or concrete surface unless specifically approved by the City Council. Senior Planner Drill stated that this requirement is in the current ordinance, the proposed change would place the provision in alphabetical order. He said that when an applicant goes through the conditional use permit process to obtain outside storage, they could request a surface other than black top or concrete. Commissioner Anderson asked about amendment #571 (P. 249) requiring setbacks between wetlands and parking areas including drive aisles. Senior Planner Drill said there have been cases in the past year where applicants wished to expand parking lots right to the edge of a wetland. He said if an area is not subject to the wetland buffer regulations, there should be some minimal setback to ensure there would be no negative impacts to the wetland from construction equipment, retaining walls, etc. Commissioner Nelson asked if there are any townhouse developments currently being done in phases, and asked if the new phases would be governed by previous regulations or the new amendments. Senior Planner Darling stated there is one townhome development by Lennar being constructed at this time. A site plan has been approved for that development. As a result, the new design standards would not apply to that development, but would apply to all new townhouse developments proposed after adoption of the changes. Commissioner Jaffoni discussed the proposed townhome design which requires the use of different materials and colors from one adjacent structure to another. She said she is concerned about keeping the building materials and colors working together, and asked how that would be accomplished. Draft Planning Commission Minutes April 15, 2009 Page 3 Senior Planner Darling clarified that exterior materials and colors would have to be complementary. She said samples of all proposed exterior materials and the color pallet would be reviewed as part of the site plan approval process. Commissioner Jaffoni complimented staff on the herculean task of completing the 571 amendments. Commissioner Jaffoni asked about amendments #566 and 4567 which propose changes to the shoreland management overlay district. She asked if the existing 1,000 feet from a lake and 300 feet from a stream is what the DNR defines as the area within the shoreland overlay district. Senior Planner Drill replied affirmatively, and said that amendment 9566 would address whether or not the regulations would apply to lots at the outer limits of the shoreland district. Under the current regulations, if the shoreland district boundary bisects a lot, only that portion of the lot within the shoreland is calculated. He said one of the purposes for the proposal is to address situations or inequities that result depending on whether the boundary includes a front yard area or back yard area of a lot, as that can make a big difference to a homeowner. If the boundary bisects a lot across the front, which typically includes most of the impervious surface on a lot, this results in a greater hardship as backyards are typically pervious. Commissioner Jaffoni asked how many parcels would be able to increase impervious surface. Senior Planner Drill stated that the outer fringe of the shoreland boundaries affect a significant number of lots. He said that if a parcel is larger than 2 acres and is bisected by the shoreland district, the status quo would remain as the regulations would apply only to that portion of such lot within the shoreland district. Commissioner Jaffoni noted that the 25% maximum coverage standard has been in place a long time. Senior Plamier Drill concurred, adding that other nearby cities have received approval for higher percentages. Planning Manager Senness said she cannot recall an instance where a shoreland variance was denied in these situations. Commissioner Jaffoni said for the first 500 feet from the water body, the 25% limitation would be increased to 30% if there is a NC1RP pond. She said that increasing the allowable coverage to 30% is trending in the wrong direction, even though other cities allow a higher coverage. Commissioner Jaffoni said the DNR is releasing a preliminary draft later this month with new rules regarding shoreland-related issues. She suggested the Planning Commission could note to City Council to hold off on these proposed changes until we see what changes the DNR is considering. Commissioner Jaffoni said her preference leans toward granting variances in Draft Planning Commission Minutes April 15, 2009 Page 4 specific cases rather increasing the percentage from 25% to 30%, She said she would hate to see Plymouth—which is the number one best place to live—go backwards. Commissioner Nelson said he lives on the east side of Medicine Lake. He said if a homeowner installs BMPs (e.g., rain gardens, infiltration basins, riparian buffers), the benefits of that would far outweigh an extra 5% of impervious surface. He said that would be extremely beneficial to the lake. Commissioner Jaffoni agreed, but said her issue is that, as proposed, the regulations would give up some City control by allowing an increase in coverage without requiring BMPs to reduce impacts to water quality. Commissioner Petrash said he is in favor of the overall changes and will support the ordinance amendments. He concurred with the benefits versus tradeoff comments made by Commissioners Nelson and Jaffoni. He added that it may be better to streamline regulations where possible to negate the need for specific variances. Commissioner Kobussen asked for confirmation that all areas in Plymouth are in the metropolitan urban service area (MUSA). Planning Manager Senness replied that all areas of Plymouth are now in the MUSA. Commissioner Kobussen referenced amendment #223 which deletes locksmith from the C-1 district. He asked if there are any locksmith businesses in that district. Planning Manager Senness said there is not a lot of C-1 land in the city, and there are not any locksmiths in C-1. Commissioner Kobussen asked about amendment #307 which would delete boat sales from C-4, and asked if this was in a different district or if those sales have been eliminated. Planning Manager Senness said that because characteristics of that use are similar to car sales, it is more appropriate to allow boat sales to occur in the C-5 district where car sales are also allowed. Commissioner Aarnoth asked if amendment #569 is a clarification or if BMPs have always been required for shoreland variances. Senior Planner Drill stated that in the past, we have conditioned variances upon installation of BMPs. He said this change codifies that practice to put applicants on notice that they must include a BMP for controlling and improving runoff. Chair Davis asked for clarification on amendment #27 regarding storage tank height. Draft Planning Commission Minutes April 15, 2009 Page 5 Senior Planner Drill said with that proposed change, an industrial use for example could have an accessory storage tank on their property in a side or rear yard, but it could not be higher than 10 feet above the maximum height of the building, except by conditional use permit. Commissioner Anderson thanked staff for submitting these changes to the code one day after the Comprehensive Plan was approved by City Council. He said he is familiar with many cities placing a moratorium and then coming back 6 months later with the required amendments. Commissioner Anderson said the proposed changes are quite appropriate. He said the requirement for trees in a front yard has been needed for a long time. He said it is a bit sad that the tree preservation affects only a small portion of the city because much of the city has already been developed. Commissioner Anderson said that the design standards for multi -housing have been needed for a long time. Commissioner Anderson supported the parking reductions for retail and office uses. Commissioner Anderson also said he supports the proposed shoreland changes, and said it is an appropriate softening to regulations that may currently be too restrictive. MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to forward comments to the City Council and recommend approval of the annual update of the City Code and Zoning Ordinance, as presented in the attached ordinances. Commissioner Jaffoni said she wants everyone to understand that with the changes, all parcels less than 2 acres will not be subject to any type of impervious surface regulation if located partially within a shoreland management district. Commissioner Jaffoni said she also wants to make sure everyone understands that the increase from 25% to 30% coverage is a very significant change to our policy, and said we are not talking about leniency in a situation for a hardship. We would be allowing blanket approval, and applicants would not have to come through Planning Commission or City Council, which would allow for a lot more impervious surface. Commissioner Jaffoni said many of our lakes are in trouble in terms of water quality, and feels that allowing an increase in coverage without BMPs is not appropriate. Commissioner Jaffoni said that she understands that it is a tough economy and we don't want to create hardships for development or make it onerous for a homeowner. Commissioner Jaffoni said she cannot .qunnort the approval of the document with amendments #566 and #567 included. Chair Davis said he agrees with Commissioner Jaffoni that this is a policy change regarding impervious surface, and that the City Council should give it a lot of thought before approving it. Chair Davis said everything else in the document is good, and said staff has done a good job. Vote. 6 Ayes, I Nay. (Commissioner Jaffoni voted nay.) MOTION approved. 7. ADJOURNMENT MOTION by Chair Davis, without objection, to adjourn the meeting at 8:03 p.m. Agenda Number VF File 2008076 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Shawn Drill, Senior Planner (509-5456) through Barbara Sennesss,, Planning Manager MEETING DATE: April 15, 2009 APPLICANT: City of Plymouth SUBJECT: Annual Update to the Zoning Ordinance and City Code INTRODUCTION: The City of Plymouth adopted a new Zoning Ordinance. and Zoning Map in 1996. The City conducts an annual update of the zoning regulations in order to keep them current. The annual update includes proposed amendments to the text of the Zoning Ordinance and City Code. This year, the proposed amendments include technical and substantive revisions, as well as revisions to implement the recent updates to the City's Comprehensive Plan. The draft ordinances attached) show proposed new language as underlined text, and proposed deleted language as stricken text. Notice of the public hearing was published in the City's official newspaper. Staff also provided a separate press release to the local newspaper to help inform people of the proposed amendments and public hearing. IMPLEMENTATION OF 2008 COMPREHENSIVE PLAN: Architectural Standards for New Townhouse Developments The Comprehensive Plan includes an implementation strategy to address architectural standards for multi -family housing (see attached excerpt from Chapter 3 of the Comprehensive Plan). The proposed amendments include several new provisions to increase the standards for building orientation, building design, building materials, and landscaping/screening along major File 2008076 Page 2 roadways. The proposed amendments appear under Ordinance E2 on Pages 10 and 11 of Attachment A. The amendments have been developed to prevent the "barracks" appearance for future townhome developments. The amendments would include provisions requiring that: 1) Buildings along major roads or the periphery of the development cannot be lined up in straight rows, but rather, must be positioned with a minimum of ten degrees of difference in orientation to both the street and the abutting buildings; 2) At least 50 percent of the units include a garage containing not less that 480 square feet, with remaining units to include a garage containing not less than 400 square feet; 3) Abutting structures must differ in appearance in terms of exterior materials and colors, however, must be complementary to each other and to other structures within the development; 4) uildings along major roads must be designed so that facades abutting such roadways present a well-designed appearance, including roof articulation and offsets in the wall plane a minimum of every 30 feet, windows covering a minimum of 20 percent of the wall, at least two different exterior materials, and at least two different but harmonious and complementary colors; and 5) The periphery of the development along major roads must include at least one overstory tree per abutting dwelling unit, as well as shrubbery and decorative fencing. New RSFR Zoning District The Comprehensive Plan includes an implementation strategy to develop new residential zoning districts as necessary, consistent with the rural -to -urban guide plan classifications (see attached excerpt from Chapter 3 of the Comprehensive Plan). Consequently, a new zoning district called RSF-R (Single Family Detached Rural to Urban Transition District) is proposed in order to accommodate and provide an appropriate zoning district for lands now guided LA -RT (Living Area Rural Transition). The proposed RSF-R zoning district appears under Ordinance N on n___ r'1 i7--__--7_ re, _r Au__7----_i w •T7_-'_ .._____i Trr rages J1 LML)Llgll JV Vi t1LL'QU11111VIA tl. lil1S LUSUILA WUL11U DG a IlypllU Vl Litt; 02LISLlllg PA -U Future Restricted Development) and RSF-1 (Single Family Detached 1) districts. The RSF-R district would establish a minimum lot size of one acre because the LA -RT guiding designation allows a density of up to one dwelling unit per acre. Properties that develop under the RSF-R zoning classification would need to be connected to City services (municipal water and sanitary sewer). Preservation of Sign ificant Natural Resources The Comprehensive Plan includes an implementation strategy to encourage preservation of significant natural resources (see attached excerpt from Chapter 3 of the Comprehensive Plan). New information in the form of a "natural resources inventory" (undertaken by Hennepin County) was used in the development of the updated 2008 Comprehensive Plan. The inventory provided more detailed information than was previously available regarding significant natural resources. The inventory indicates significant "natural communities" for trees, and rates each File 2008076 Page 3 community as "high," "good," "moderate" or "poor" quality. The rating was based on field verification of the type of community and amount of non-native or invasive species. A natural community may have received a "poor" rating depending on the number of softwood trees mixed in with the hardwoods. The proposed amendments would establish a higher standard for preservation of natural communities based on their quality. The higher the quality, the higher the preservation standard similar to how a wetland buffer width is determined. The proposed amendments appear under Ordinance C on Pages 5 through 8 of Attachment B. The proposed amendments would also require that developments that exceed the higher tree preservation standards within natural communities not only reforest and/or pay restitution, but also develop under a PUD (planned unit development). The requirement for a PUD would provide the City with more control to ensure that all efforts are made to preserve as many trees as possible. The PUD requirement may result in cluster development — whereby the number of dwelling units allowed on a given piece of land remains the same, but the homes are grouped together on smaller unit lots with conservation easements placed over significant tree stands within the development site. ZONING ORDINANCE TEXT AMENDMENTS (ATTACHMENT A): This update includes 571 proposed amendments to the text of the Zoning Ordinance. A brief description of each proposed amendment is provided in the attached summary list. (The summary list does not address very minor changes such as adding a comma, making a word plural, or changing capitalization.) The proposed technical amendments include correcting typographical errors and/or making minor changes to clarify a regulation. The proposed substantive amendments involve changing, adding, or deleting a regulation. Note that once you review the proposed amendments to the first residential district (FRD), the first commercial district (O -Office), and the first industrial district (I-1), the majority of the proposed changes in the following districts will be the same. Most of the proposed amendments are self-explanatory. Staff is, however, providing additional background in this report on some of the more noteworthy proposed amendments, as follows: Definitions (Summary Items #I-20) A new definition would be added to describe "Governmental Buildings" and to make it clear that publicly or privately operated school facilities (e.g., classrooms, administrative offices, maintenance buildings) are not included in the definition (P. 2, Item 8). The definition of "Impervious Surface" would be revised to exclude the surface water area of swimining pools provided there is at least six inches between the water elevation and the top of the pool. The definition would also exclude the area covered by retaining walls and man-made structures that are constructed to allow absorption of a 2.5 inch rain event into the soils directly below within 24 hours (P. 2, Item 10). File 2008076 Page 4 A new definition would be added to describe "Heavy Industr/' and what the use includes. Note that "heavy industr/' uses are allowable only in the I-3 (Heavy Industrial) zoning district P. 3, Item 11). A new definition would be added to describe "Trade School" to correspond with changes throughout the draft to include vocational schools and job training facilities within the definition of a trade school (P. 6, Item 20). Landscaping Requirement for Single- and Two -Family Lots There is presently no requirement that trees be planted on single- or two-family lots. Under the proposal, two trees would be required within the front yard of all new single- and two-family lots. The trees may be new trees or may be pre-existing trees that were preserved as part of a tree preservation plan (P. 14, Item 36). Parking Regulations The parking requirement for the larger office and commercial developments would be reduced after the first 100,000 square feet. This would help to ensure that the actual number of parking spaces provided on a site does not exceed the demand. This change would help to limit installation of unnecessary parking. (P. 20, Items 49, 51, and 52). Animals The number of animal units allowed in the FRD district would be decreased from ten to six. One cow or horse equals one animal unit.) The majority of the FRD land is located in the northwest area of the city — which has recently been added to the metropolitan urban service area MUSA) and which may now begin to be developed at higher densities (P. 36, Items 64 and 65). Sexually Oriented Uses Under the proposed amendment, the City would formally "opt -out" of the State Rules relating to adult entertainment establishments. This is because the State Rules are more stringent than the City's regulations (500 -foot versus 250 -foot setback from residential, and 2800 -foot versus 500 - foot setback from schools). Under the State Rules, our ordinance would not comply with the five percent opportunity area standard established under Federal case law. The Rules allow cities to opt -out" in order to comply with the five percent opportunity area standard (P. 43, Item 71). Shoreland Management Regulations In the early 1980's, the Department of Natural Resources (DNR) developed a model shoreland management ordinance that was adopted by most cities, including Plymouth. In the early 1990's, the City began to require NURP (Nationwide Urban Runoff Program) ponding for all new developments. Many cities subsequently revised their shoreland management regulations to File 2008076 Page 5 account for the ponding requirements. The proposed changes to this section include the following: 1) Clarification of the land areas that are included within the shoreland management overlay district; 2) Maintaining the 25 percent maximum impervious surface coverage for areas within 500 feet of a lake or within the shoreland of a stream, except that if the subdivision that includes the parcel is served by NURP ponding, the maximum coverage would be increased to 30 percent; 3) Increasing the maximum impervious surface coverage from 25 percent to 30 percent for properties located within a shoreland district that lie entirely beyond 500 feet from a lake; 4) Requiring "best management practices" for reducing impacts on water quality in conjunction with requests for variances to the shoreland regulations;. and 5) Amending the provision that requires consolidation of contiguous non -conforming lots, so that the provision applies only to parcels located partially or entirely within 200 feet of a lake or stream. CITY CODE TEXT AMENDMENTS (ATTACHMENT B): With the exception of the proposed changes to the tree preservation regulations (previously discussed in this report), the majority of the amendments to the City Code are technical changes to update or help clarify the regulations and provide consistency with other sections. An example of the changes to the City Code includes establishment of a new fee in Chapter 10 to address natural preserves — which are regulated by Section 811. RECOMMENDATION: Community Development Department staff recommends that the Planning Commission conduct the public hearing, review and discuss the proposed amendments listed in the draft ordinances and resolutions, and subsequently provide its recommendation to the City Council. The Planning Commission may formulate a recommendation that deletes and/or adds proposed changes as it sees appropriate. ATTACHMENTS: 1. Excerpt from Chapter 3 of the Comprehensive Plan 2. Summary List of Proposed Amendments 3. Draft Ordinance Amending Zoning Ordinance Text (Attachment A) 4. Draft Ordinance Amending City Code Text (Attachment B) Description Timing Zoning Map Amendments, Northwest Plymouth Overlay — Continue to use Ongoing the FRD (Future Restricted Development) zoning district as a holding zone within the urban service area until property is rezoned concurrent with review of development plans. Consider amendments to rezone property consistent with the 2030 Land Use Plan, provided that the development does not result in the premature extension of public utilities, facilities and services. Zoning Ordinance (Chapter 21, Plymouth City Code) —Draft new residential Short zoning districts as necessary, that are consistent with the rural -to -urban guide plan classifications. Zoning Ordinance (Chapter 21, Plymouth City Code) — Review the ordinance Short text and map to identify any inconsistencies with the Comprehensive Plan and propose amendments as necessary. Zoning Ordinance (Chapter 21, Plymouth City Code) — Consider amending the Short ordinance to address the following issues: Incentives to encourage clustering of buildings on sites with significant natural resources, Architectural standards for all new attached housing units. Subdivision Regulations (Chapter 5, Plymouth City Code) — Consider an Short amendment to address incentives for preservation of natural areas. City Center— Schedule additional streetscape improvements, including Iighting, Ongoing landscaping, signage and street furniture as part of future Capital Improvement Programs. Historic Preservation — Identify historic landmarks in the city and work with Ongoing the Plymouth Historical Society to preserve and promote them. Page 21 of 22 Chapter 3 Plymouth Land Use Plan— April 14, 2009 City of Plymouth Zoning Ordinance Amendments 2008076) Summary List of Proposed Amendments April 15, 2009 Planning Commission Meeting Type of Amendment: T = Technical Change/ Correction S = Substantive Amendment/ New Regulation I = Implementation of Updated Comprehensive Plan Ord. Type Section Description Definitions 1. A T 21005.02 Deletes unneeded/ unused definition of "Amusement Park." 2. A T 21005.02 Amends definition of "Domestic Animals" to clarify the distinction between domestic house pets and farm animals or wild animals. 3. A T 21005.02 Deletes comma and adds dash to "Automobile Repair—Major" for consistency. 4. A T 21005.02 Deletes comma and adds dash to "Automobile Repair—Minor" for consistency; adds/deletes wording for clarification. 5. A S 21005.02 Amends definition of "Cemetery" to exclude crematories & mortuaries. 6. A T 21005.02 Adds definition of "Commercial Recreation" for cross-reference to definition of "Recreation, Commercial." 7. A T 21005.02 Amends definition of "Dwelling Unit" to clarify that licensed residential facilities (e.g., assisted living, memory care, skilled nursing) that do not include cooking facilities within resident rooms are excluded from the rlefinitinn 8. A T 21005.02 Adds definition of "Governmental Building" to clarify the use. 9. A T 21005.02 Amends definition of "Hardship" to make it ender -neutral. 10. A S 21005.02 Amends definition of "Impervious Surface" to: 1) exclude the surface water area of swimming pools if there are at least 6 inches between the water elevation and top of pool; 2) exclude the area of freestanding retaining walls; and 3) exclude certain man-made surfaces (paver systems, green roofs) constructed to allow 2.5 inches of rain to absorb into the soils directly below within 24 hours. 11. A T 21005.02 Adds definition of "He!!Indust " to clarify the use. 12. A T 21005.02 Adds definition of "Private Club" for cross-reference to definition of Club, Private." 13. A T 21005.02 Amends definition of "Recreational Facility" to clarify and consolidate the use and to remove repetition. Ord. 14. A T 21005.02 Amends definition of "Religious Institution" to clarify that it also includes religious institutions that are contained within only a portion of a building. 15. A T 21005.02 Adds definition of "Sign Related - Banner" to clarify the use. 16. A T 21005.02 Amends definition of "Sign Related -- Electronic Changeable Copy Sign" to correct a minor typo. 17. A T 21005.02 Amends definition of ",Sign Related -- Sign" to clarify that it also includes items (advertisements, announcements, messages, or visual communications) displayed for attention-getting a oses. 18. A T 21005.02 Amends definition of "Sign Related - Surface Area" to specify how surface area is measured. 19. A T 21005.02 Adds definition of "Sports and Fitness Club" for cross-reference to definition of "Club, Sports and Fitness." 20. A T 21005.02 Adds definition of "Trade School" to clarify the use. Administration-Conditon'al Use Permits 21. B T 21015.07 Replaces the word "utilize" with "commence" for clarification. Site Plan Review- 22. C T 21045.08 Subd. 1: Deletes unneeded wording to clarify what qualifies as a Plan Modification. 23. C1 T 21045.09 Subd. 3: Deletes the word "utilize" and amends provision for clarification. General Buld and :Performance 5tandards- 24. D T 21105.03 Subd. 4: Clarifies that not more than one dwelling unit is allowed on a single -family lot, unless otherwise authorized by administrative permit or interira use permit. Li` htin Re ''ulat ons- 25. D1 S 21105.06 Subd. 7 (a): Adds wording to address motion-detection security lighting; nrnxA,1eg nn p-cwmntinn fnr cinalP_ and twn-family hnmPcY" J Outside Stora e1 Dns` la - 26. D2 T 21105.11 Subd. 4 (b): Changes "open" storage to "outside" storage, for consistency with how such storage is addressed throughout the ordinance. General Yard, Lot Area and Bu idiri 'Re ulations- 27. E S 21115.02 Subd. 1 (1) & (m): Adds solar panels and accessory storage tanks located in side or rear yards to the height exception. 28. E1 T 21115.04 Subd. 1 (d): Changes "the" front yard to "a" front yard, to recognize that some lots (corner lots & through lots) have more than one front yard. 29. E2 S / I 21115.07 Subd. 2 through 6: Amendments to establish design standards for townhouses and manner homes (a full description of the amendments is provided in the staff re ort). Renumbers subsequent items. Ord. Description 30. E3 T 21115.09 Subd. 3: Amends provision to update the code reference for metal roof coverings on residential structures. EenceTWaII Re `Mations 31. F T 21130.01 Subd. 2: Clarifies that there is no fee for certain fence & wall permits; clarifies that a building permit and related building permit fee are required for fences over 6 feet high & for retaining walls over 4 feet high. 32. F1 T 21130.01 Subd. 4 (b): Clarifies that a fence/wall permit is required, unless se aratcly authorized under a building permit or by an approved site plan. 33. F1 T 21130.01 Subd. 4 (i): Adds new item (i) to clarify that fences and walls cannot be placed within a wetland, required wetland buffer, rain garden or stream, nor can they extend below the ordinary high water level of a lake or water quality pond. Lan dsca in :_ 34. F2 T/S 21130.03 Subd. 2: Amends provision to clarify that single- and two-family homes are subject to the general landscaping requirements; and requires a landscape plan prior to issuance of a building permit for single- and two- family homes. 35. F2 T 21130.03 Subd. 2 (b) (2): Replaces the word "utilized" with "planted" for clarification. 36. F2 S 21130.03 Subd. 2 (c) (1): Increases the number of required trees as follows: 1) from one per unit to two per unit for townhouses, manor homes, manufactured home parks, and for apartment developments with 50 or fewer units, 2) from one per unit to 1.5 per unit for apartment developments with over 50 units, and 3) from zero per unit to two per unit for single- and two-family homes. The two trees for single- and two- family homes ma be new trees or preserved-We-existing trees. 37. F2 T 21130.03 Subd. 2 (f): Amends provision to clarify that all yard areas not otherwise im roved shall be sodded. 38. F2 T 21130.03 Subd. 2 (f) (1) a: Amends provision for clarification. 39. YY1 5 2113U.U3 Subd. L (f) (1) Cl: Adds new item "d" to allow the Zoning Administrator to authorize seeding in lieu of sod in cases where site characteristics steep slopes or retained areas) make it difficult to establish or maintain sod forspecific portions of a site. 40. F2' T 21130.03 Subd. 2: Corrects formatting by changing first item (i) to (h). 41. F2 T 21130.03 Subd. 2 (i): Clarifies that all required plantings (includes trees and sod) shall be guaranteed for one year from planting. Screening of Mechanical E uimeat 42. F3 S 21130.05 Subd. 3: Amends provision to specifically exempt solar panels from the screening requirements. Parkin 43. G T/S 21135.07 Subd. 5 (n): Amends provision to clarify regulations for driveway access. Ord. 44. G1 S 21135.11 Subd. 1: Increases the number of required enclosed parking spaces for townhouses and manor homes from one per unit to two per unit (see Item 29). 45. G1 T/S 21135.11 Subd. 2: Removes archaic language; and increases the number of parking spaces required for Nursing Homes from 1 space per 4 beds 0.25 spaces p er bed) to 1 space p er 3 beds 0.333 spaces per bed). 46. G1 T 21135.11 Subd. 3: Provides clarification regarding drive in or convenience food establishments. 47. G1 S 21135.11 Subd. 3: Adds a parking standard for laboratory space (1 space per 350 sq. ft. of floor area). 48. G1 S 21135.11 Subd. 3: Amends the parking requirement for manufacturing uses by requiring the lesser (not the greater) of one space per employee or one space per 350 sq. ft. of floor area. The amendment reflects the shift to more automated manufacturing that requires fewer machine operators than historically required. 49. G1 T/S 21135.11 Subd. 3: Clarifies the provision and provides for a reduction in required parking for office developments exceeding 100,000 sq. ft. Parking requirements for the first 100K sq. ft. would remain at 4 per 1,000 square feet, but would be reduced to 2.86 per 1,000 sq. ft. thereafter. 50. G1 T 21135.11 Subd. 3: Removes archaic language and adds convenience restaurants to list of exceptions for consistency (see Item #46). 51. G1 S 21135.11 Subd. 3: Provides for a reduction in required parking for retail commercial developments exceeding 100,000 sq. ft. Parking requirements for the first 100K sq. ft. would remain at 5 per 1,000 square feet, but would be reduced to 2.86 per 1,000 s . ft. thereafter. 52. GI S 21135.11 Subd. 3: Provides for a reduction in required parking for shopping centers exceeding 100,000 sq. ft. Parking requirements for the first 100K sq. ft. would remain at 5 per 1,000 square feet, but would be reduced to 2.86 per 1,000 sq. ft. thereafter. 53. G1 T 21135.11 Subd. 3: Deletes unneeded parking standard for "Truck Wash" because a narking standard is already movided for automobile washes_ 54. G2 S 21135.12 Amends provision regarding parking space reductions and expansions to provide for an administrative approval process if pre -established criteria are met. 55. G3 S 21135.13 Amends provision regarding joint use of off-street parking to provide for an administrative approval process if re-established criteria are met. Sign Re, ulatons 56. H S 21155.05 Adds new Subd. 25 to the general regulations and restrictions to specify that banners are permitted only as temporary signs. 57. H1 S 21155.06 Subd. 1 (c): Requires that all temporary signs needing a permit be designed and manufactured by a sign contractor, or receive prior design a roval by the Zoning Administrator. 58. HI T 21155.06 Subd. 1 (c) (3): Clarifies that temporary non-commercial signs (e.g., political campaign signs) do not require a sign permit. Ord. 59. H2 T 21155.06 Replaces the words "property" -and "properties" (which are not defined) Thru with the words "lot" and "lots". (which are defined) to clarify the H8 provisions. 60. H9 T 21155.06 Subd. 4 (d) (5): Clarifies the circumstances under which sign extenders may be placed on restaurant drive-through signage. 61. H10 Thru 21155.06 Replaces the words "property" and "properties" (which are not defined) H21 T with the words "lot" and "lots" (which are defined) to clarify the 21155.07 provisions. H24 62. H22 T 21155.07 Subd. 2 (b): Amends provision to clarify that changing the copy on a changeable copy sign or changing the display surface of an existing sign does not require a sign permit. 63. H23 T 21155.07 Subd. 2 (c): Deletes the word "major" to eliminate ambiguity in interpretation. Animals _ 64. I S 21170.01 Subd. 3 (b): Establishes that a maximum of 6 horses are allowable on FRD parcels (a higher number would continue to be allowable by interim use permit). 65. I S 21170.01 Subd. 6: Reduces from 10 to 6 the number of animal units allowed on FRD parcels (see attached Minnesota Rules relating to animal unit calculations). Antennas 66. J T 21175.07 Subd. 1: Amends wording for consistency, addresses maximum height limitations under new items (4) & (5) in subsection (a), and adds missing word "shall" to item (c) 4. (Note that antennas located upon an existing structure .would continue to require an administrative permit, while antennas not located upon an existing structure would continue to require a conditional use permit.) 67. JI T 21175.07 Subd. 2: Amends wording for consistency and addresses maximum height limitations. 68. J2 T 21175.07 Subd. 3 (b): Addresses discrepancy within the ordinance by clarifying that antennas are allowable with an administrative permit in the industrial districts regardless of whether or not they are located upon an existing structure; amends wording for consistency. Accessor Dwell n Units - 69. K T 21190.04 Subd. 2 (a): Adds the new RSF-R district (see #91) to the list of zoning districts where accessory dwelling units are allowable. Sexuall Oriented Uses - 70. 1 L I T 121195.02 1 Subd. 2: Replaces the word "utilized" with "used." Or& Type Section Description 71. L T 21195.02 New Subd. 6: Establishes that the City formally "opts out" of the regulations in Chapter 617.242 of Minnesota ,Statutes, and that instead the provisions of Section 21195 shall apply within Plymouth. The ,State Statute regulations are more restrictive than the City's regulations, and would result in the City not meeting the 5% opportunity area standard— as prescribed under Federal case law. FRD District- Purpose 72. M S / I 21350.01 Deletes reference to properties located outside the Metropolitan Urban Service Area (MUSA) because all properties are now located inside the MUSA. Updates remaining w rding regarding purpose of the district. Permitted Uses 73. M T 21350.03 Subd. 1: Amends the provision to address awkward sentence structure and clarify the provision. 74. M T 21350.03 Subd. 6: Adds the word "detached" for consistency. Accessory Uses 75. M T 21350.05 Subd. 3: Makes "classroom" plural and places "private' after "public" for consistency. 76. M I T 21350.05 Subd. 5: Spells outs "fourteen" for consistency. Conditional Uses 77. M T 21350.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 78. M T 21350.07 Subd. 3 (c): Clarifies that all portions of a cemetery or memorial garden are required to meet the setback requirement prescribed for the principal structure. 79. M T 21350.07 Subd. 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 80. M S 21350.07 Former Subd, 7: Deletes the use "Living quarters..." as a conditional use. The use is replaced as an interim use (see #84). Renumbers cnhsennPntitnmc z------ ------- 81. M T 21350.07 Renumbered Subd. 8: Changes name of the use to "recreational facilities" for consistency; deletes unneeded "swimming pools" from provision. 82. M T 21350.07 Former Subd. 10: Deletes "Recreational structures..." to eliminate redundancy. Interim Uses 83. M T 21350.09 Subd. 2: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use pen -nit, as stated in Section 21185. 84. M S 21350.09 New Subd. 3: Replaces "Living quarters..." as an interim use (see #80) to provide the City with control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or event. Ord. Description Uses by Administrative Permit 85. M T 21350.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 86. M T 21350.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 87. M T 21350.11 Subd. 3: Adds the missing word "square." 88. M T 21350.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 89. M T 21350.11 Renumbered Subd. 4: Provides consistent language throughout the ordinance; provides the conditions for approval within this subdivision rather than referring to the conditions listed in the 0 (Office) district. Area Requirements and Construction Limitations 90. M T 21350.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height), and corrects minor miscellaneous items to provide consistency throughout the ordinance. RSF-R DiA ct- 91. N S / I 21352 Adds a new zoning district called "RSF-R, Single Family Detached Rural to Urban Transition District." This new district is needed in order to provide a zoning designation for areas guided LA -RT (Living Area -Rural Transition) on the 2030 Land Use Plan of the 2008 Comprehensive Plan update. The LA -RT guiding designation allows up to 1 dwelling unit per acre. This new district is consistent with the uses, layout, and format of the other single-family zoning districts. RSF-1 Distrkt- Accessory Uses 92. 1 01 1 T 21355.05 Subd. 5: Spells outs "fourteen" for consistency. Conditional Uses 93. 1 02 1 T 21355.07 1 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 94. 02 T 21355.07 Subd. 3 (c): Clarifies that all portions of a cemetery or memorial garden are required to meet the setback requirement prescribed for the principal structure. 95. 02 T 21355.07 Subd. 4 & 7: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 96. 02 S 21355.07 Former Subd. 8: Deletes use "Living quarters..." as a conditional use. The use is replaced as an interim use (see 4101). Renumbers subsequent items. 97. 02 T 21355.07 Renumbered Subd 9: Changes name of the use to "recreational facilities" for consistency; deletes unneeded "swimmingpools" from provision. 98. 02 T 21355.07 Former Subd. 11: Deletes "Recreational structures..." to eliminate redundancy. Ord. Description Interim Uses 99. 03 T 21355.09 Subd. 1: Amends the provision to address awkward sentence structure and clarify the provision, 100. 03 T 21355.09 Subd. 2: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185_. 101. 03 S 21355.09 New Subd. 3: Replaces "Living quarters..." as an interim use (see #96) to provide the City with control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or event; renumbers subsequent item. Uses by Administrative Permit 102. 04 T 21355.11 Subd. 2: Clarifies the conditions under which an administrative permit is required for certain antennas. 103. 04 T 21355.11 Former Subd. 3: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 104. 04 T 21355.11 Former Subd. 4: Deletes and replaces as new Subd. 6 (see # 107) to place in alphabetical order; 105. 04 T 21355.11 Renumbered Subd. 3: Deletes unneeded wording to eliminate redundancy. 106. 04 T 21355.11 Renumbered Subd. 4: Adds the missing word "square." 107. 04 T 21355.11 New Subd. 6: Replaces Subd. 4 (see #104); provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 (Convenience Commercial) district. Area Requirements and Construction Limitations 108. 05 T/S 21355.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); revises setback rPn,,irernent for detached anC.Pecory bT,ildinac in -Mi- xrnrAq (varA aYea between the home and side lot line) from 6 feet to 15 feet to be consistent with the required setback for the home; and corrects minor miscellaneous items to provide consistency throughout the ordinance. RSF 2 Mtrict- Accessory Uses 109. IN I T 121360.05 1 Subd. 5: Spells outs "fourteen" for consistency. Conditional Uses 110. P2 T 21360.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 111. P2 T 21360.07 Subd. 2 & 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. Ord. Section Description 112. P2 T 21360.07 Subd. 7: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimmingpools" from provision. 113. P2 T 21360.07 Former Subd. 8: Deletes "Recreational structures. , ." to eliminate redundancy. Renumbers subsequent items. Interim Uses 114. P3 T 21360.09 Subd. l: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 2 118 5. Uses by Administrative Permit 115. P4 T 21360.11 Subd. 2: Clarifies the conditions under which an administrative permit is required for certain antennas. 116. P4 T 21360.11 Subd. 3: Deletes unneeded wording to eliminate redundancy. 117. P4 T 21360.11 Subd. 4: Adds the missing word "square." 118. P4 T 21360.11 Former Subd. 5: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 119. P4 T 21360.11 Renumbered Subd. 6: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. Area Requirements and Construction Limitations 120. P5 T 21360.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height), and corrects minor miscellaneous items to provide consistency throughout the ordinance. RSF-3 District - Accessory Uses 121. Ql T 21365.05 Subd. 5: Spells outs "fourteen" for consistency. Conditional uses 122. Q2 T 21365.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 123. Q2 T 21365.07 Subd. 2 & 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 124. Q2 T 21365.07 Subd. 7: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimming pools" from provision. 125. Q2 T 21365.07 Former Subd. 8: Deletes "Recreational structures..." to eliminate redundancy. Renumbers subsequent items. Interim Uses 126, Q3 T 21365.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185, Ord. Description by Administrative Permit 127. Q4 T 21365.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 128. Q4 T 21365.11 Subd. 2: Deletes unneeded wordin to eliminate redundancy. 129. Q4 T 21365.11 Subd. 3: Adds the missing word "s care." 130. Q4 T 21365.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 131. Q4 T 21365.11 Renumbered Subd. 5: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. Area Requirements and Construction Limitations 132. Q5 T 21365.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. RSF-4 District- Accessory Uses 133. 1 R1 I T 21370.05 Subd. 5: Spells outs "fourteen" for consistency. Conditional Uses 134. R2 T 21370.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 135. R2 T 21370.07 Subd. 2 & 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 136. R2 T 21370.07 Subd. 8: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimming pools" from provision. 137. 1 R2 T 21370.07 Former Subd. 9: Deletes "Recreational structures..." to eliminate redundancy. Renumbers subsequent items. Interim Uses 138. R3 T 21370.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 139. R4 T 21370.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 140. R4 T 21370.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 141. R4 T 21370.11 Subd. 3: Adds the missing word "square." 142. R4 T 21370.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 143. R4 T 21370.11 Renumbered Subd. 5: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. 10 11 Section Description Area Requirements and Construction Limitations 144. R5 T 21370.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. RMF -I Dlstrlct Permitted Uses 145. 1 S1 T 21375.03 Subd. 5: Deletes unneeded wording because licensed residential facilities are allowed in all residential structures. Accessory Uses 146. 1 S2 I T 21375.05 Subd. 5: Spells outs "fourteen" for consistency. Conditional Uses 147. S3 T 21375.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 148. S3 T 21375.07 Subd. 2 & 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 149. S3 T 21375.07 Subd. 8: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimming pools" from provision. 150. S3 T 21375.07 Former Subd. 9: Deletes "Recreational structures..." to eliminate redundancy. Renumbers subsequent items. 151. S3 S 21375.07 New Subd. 13: Adds limited retail commercial activities as a conditional use, consistent with the other residential districts. Interim Uses 152. S4 T 21375.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 153. S5 T 21375.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 154. S5 T 21375.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 155. S5 T 21375.11 Subd. 3: Adds the missing word "square." 156. S5 T 21375.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 157. S5 T 21375.11 Renumbered Subd. 5: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. Area Re uirements and Construction Limitations 158. S6 T 21375.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. 11 Ord. s RMF -2 District- Permitted Uses 159. T1 T 21380.03 Subd. 5: Deletes unneeded wording because licensed residential facilities are allowed in all residential structures. Accessory Uses 160. 1 T2 I T 21380.05 Subd. 5: Spells outs "fourteen" for consistency. Conditional-Uses 161. T3 T 21380.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 162. T3 T 21380.07 Subd. 2 & 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 163. T3 T 21380.07 Subd. 8: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimmingpools" from provision. 164. T3 T 21380.07 Former Subd. 9: Deletes "Recreational structures..." to eliminate redundancy. Renumbers subsequent items. 165. T3 S 21380.07 New Subd. 13: Adds limited retail commercial activities as a conditional use, consistent with the other residential districts. Interim Uses 166. T4 T 21380.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 167. T5 T 21380.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 168. T5 T 21380.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 169. T5 T 21380.11 Subd. 3: Adds the missing word "square." 170. T5 T 21380.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 171. T5 T 21380.11 Renumbered Subd. 5: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. Area Re uirements and Construction Limitations 172. T6 TIS 21380.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. RW -3 District- Permitted Uses 173. Ul T 21385.03 Subd. 5: Deletes unneeded wording because licensed residential facilities are allowed in all residential structures. 12 Ord. . Description Accessory Uses 174. 1 U2 I T 21385.05 1 Subd. 5: Spells outs "fourteen" for consistency. Conditional Uses 175. U3 T 21385.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 176. U3 T 21385.07 Subd. 2 & 5: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 177. U3 T 21385.07 Subd. 8: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimming pools" from provision. 178. U3 T 21385.07 Former Subd. 9: Deletes "Recreational structures..." to eliminate redundancy. Renumbers subsequent items. 179. U3 S 21385.07 New Subd. 13: Adds limited retail commercial activities as a conditional use, consistent with the other residential districts. Interim Uses 180. U4 T 21385.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 181. U5 T 21385.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 182. U5 T 21385.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 183. U5 T 21385.11 Subd. 3: Adds the missing word "square." 184. U5 T 21385.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 185. U5 T 21385.11 Renumbered Subd. 5: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. Area Requirements and Construction Limitations 1b0. TlJ0 m1 nlnn in G1.]dJ.1J r_1 _i__ 7__ cc___ __L_____7f /--_--- 1__ 1_1_ Deletes MU- 4Voiil 1111111111U111 kNU11W 1VgU11e111e11Ls U11 Lilt LUUiG UV16LA1UG maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. RMF-4 District- . Accessor Uses 187. V1I T 21390.05 Subd. 6: Spells outs "fourteen" for consistency. Conditional Uses 188. V2 T 21390.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 189. V2 T 21390.07 Subd. 2 (a): Amends provision to clarify this condition allowing increased building height. 190. V2 T 21390.07 Subd. 3 & 6: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 13 14 Ord, 191. V2 T 21390.07 Subd. 9: Changes the name of the use to "recreational facilities" for consistency; deletes unneeded "swimming pools" from provision. 192. V2 T 21390.07 Former Subd. 10: Deletes "Recreational structures..." to eliminate redundancy. Renumbers subsequent items. 193. V2 S 1 21390.07 New Subd. 13: Adds limited retail commercial activities as a conditional use, consistent with the other residential districts. Interim Uses 194. V3 T 21390.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 195. V4 T 21390.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 196. V4 T 21390.11 Subd. 2: Deletes unneeded wording to eliminate redundant . 197. V4 T 21390.11 Subd. 3: Adds the missing word "square." 198. V4 T 21390.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 199. V4 T 21390.11 Renumbered Subd. 5: Provides the conditions for approval within the subdivision rather than referring to the conditions listed in the C-1 Convenience Commercial) district. Area Requirements and Construction Limitations 200. V5 T 21390.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. 0, Office District- Permitted Uses 201. Wl I T 21450.03 Subd. 8: Deletes archaic term "lodges," and adds parenthetical language1regardingfoodandbeveragesforconsistencyelsewhereintheordinance. iondinonai Uses 202. W3 T 21450.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 203. W3 T 21450.07 Subd. 2: Deletes unneeded "savings and loans" from provision. 204. W3 T 21450.07 Subd. 3: Amends provision for consistency and to clarify the condition allowing increased building het t. 205. W3 T 21450.07 Subd. 4 (c): Updates reference. 206. W3 T 21450.07 Subd. 5 & 8: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. Interim Uses 207. W4 T 21450.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. 14 Ord. Type Section Description Uses by Administrative Permit 208. W5 T 21450.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 209. W5 T 21450.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 210. W5 T 21450.11 Subd. 3: Adds the missing word "square." 211. W5 T 21450.11 Former Subd. 4: Deletes unneeded "model homes" from the Office district. Renumbers subsequent items. 212. W5 T 21450.11 Former Subd. 5: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 213. W5 T 21450.11 New Subd. 4: Adds "Other uses..." provision for consistency with the other zoning districts. 214. W5 T 21450.11 Renumbered Subd. 6 (a): Replaces the word "specifications" with standards" to provide correct terminology, and adds comma. 215. W5 T 21450.11 Renumbered Subd. 6 (c): Rewords provision for clarification. 216. W5 T 21450.11 Former Subd. 8: Deletes unneeded "temporary real estate offices" from the Office district. 1217. 1 W5 T 21450.11 Renumbered Subd. 7: Adds reference for consistency. Area Re uirements and Construction Limitations 218. W6 T 21450.13 Deletes the word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. C=1, Convenience:Commerd Distr c - Permitted Uses 219. X T 21455.03 Former Subd. 4: Deletes cellular towers and antennas located on a public structure as a "permitted" use, because they are allowed by and addressed as an "administrative permit." Renumbers subsequent items. 220. X T 21455.03 Renumbered Subd. 4: Deletes unneeded words. 221. X T 21455.03 Renumbered Subd. 5: Clarifies verbiage for "copy/printing services" use. 222. X T 21455.03 Renumbered Subd. 7: Deletes unneeded words. 223. X S 21455.03 Former Subd. 11: Deletes "locksmiths" as an allowable use because the use characteristics are not compatible with the intent of the C-1 district. Accessory Uses 224. Xl T 21455.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 225. XI I T 21455.05 Renumbered Subd. 1: Deletes/adds words for clarification. Conditional Uses 226. X2 T 21455.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 227. X2 T 21455.07 Subd. 3: Since there is no condition (b), the text of condition (a) has been moved into the main body of the use being described. 15 16 Ord. 228. X2 T 21455.07 Subd. 6: Adds the missing word "square." Also, since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 229. X2 T 21455.07 Subd. 7: Since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. Interim Uses 230. X3 T 21455.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 231. X4 I T 21455.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 232. X4 T 21455.11 Subd. 2: Corrects capitalization and deletes unneeded wording to eliminate redundancy. 233. X4 T 21455.11 Subd. 3: Adds the missing word "square." 234. X4 T 21455.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 235. X4 T 21455.11 New Subd. 4 replaces former Subd. 7 to place the provision in alphabetical order. Renumbers items after Subd 7. 236. X4 T 21455.11 Subd. 6 (a): Replaces the word "specifications" with "standards" to provide correct terminology. 237. X4 T 21455.11 Subd. 6 (c): Rewords provision for clarification. 238. X4 T 21455.11 Renumbered Subd. 8 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 239. X4 T 21455.11 Renumbered Subd. 8 (e) (2): Replaces the word "utilized" with "used." 240. X4 S 21455.11 Renumbered Subd. S (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Re uirernent$ allU t.vusi.rUcuun LAIMLatlUns 241. X5 T 21455.13 Deletes word "minimum" (some requirements on the table describe maximum standards such as building height); and corrects minor miscellaneous items to provide consistency throughout the ordinance. C-2, Neighborhood Comm6reial Distiiet- . Permitted Uses 242. Y T 21460.03 Former Subd. 2: Deletes the use called "Art & school supply sales" and combines it with renumbered Subd. 7. Renumbers subsequent items. 243. Y T 21460.03 Former Subd. 12: Deletes cellular towers and antennas located on a public structure as a "permitted" use, because they are allowed by and addressed as an "administrativepermit." 244. Y T 21460.03 Renumbered Subd. 11: Deletes unneeded words. 16 17 ff 245. Ord. Y T 21460.03 Renumbered Subd. 12: Clarifies verbiage for "copy/printing services" use. 246. Y T 21460.03 Renumbered Subd. 14: Deletes unneeded words. 247. Y T 21460.03 Former Subd. 19: Deletes archaic use. 248. Y T 21460.03 Renumbered Subd. 22: Adds wording to provide notification that a liquor license is also required.. 249. Y T 21460.03 Renumbered Subd. 29: Adds/deletes wording to clarify the provision. 250. Y T 21460.03 Renumbered Subd. 35: Deletes the word "etc." and replaces it with "and similar uses." Accessory Uses 251. Yl T 21460.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 252. Y1 T 21460.05 Renumbered Subd. 1: Deletes/adds words for clarification. Conditional Uses 253. Y2 T 21460.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 254. Y2 T 21460.07 Subd. 2 (c): Updates reference. 255. Y2 T 21460.07 Subd. 3: Deletes unneeded words to eliminate repetition. 256. Y2 T 21460.07 Subd. 7: Adds the missing word "square." Also, since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 257. Y2 T 21460.07 Subd. 9: Since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 258. Y2 T 21460.07 Subd. 11: Deletes/adds wording for clarification and consistency. 259. Y2 T 21460.07 Subd. 13 and new Subd. 14: Divides "trade schools" and tutoring/learning centers" into two distinct uses. The definition of trade school" would include vocational schools. Interim Uses 260. Y3 T 21460.09 Former Subd. 1 "Landfilling..." is deleted (replaced as new Subd. 2 --see 263) to place it in alphabetical order. Renumbers intervening item. 261. 1 Y3 "i 21460.09 Renumbered Subd. l: Deletes/adds wording for consistent formatting. 262. Y3T 21460.09 Renumbered Subd. 1 (c): Replaces the word `utilized" with "used." 263. Y3 T 21460.09 New Subd. 2: "Landfilling..." is replaced (see #260) and updated for consistency. Uses by Administrative Permit 264. Y4 T 21460.11 Subd. 1: Adds missing word & comma for consistency. 265. Y4 T 21460.11 Subd. 2: Corrects capitalization and deletes unneeded wording to eliminate redundancy. 266. Y4 T 21460.11 Subd. 3: Adds the missing word "square." 267. Y4 T 21460.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 268. Y4 T 21460.11 Renumbered Subd. 6 (a): Replaces the word "specifications" with standards" to provide correct terminology. 17 18 269. Ord. Y4 T 21460.11 Renumbered Subd. 6 (c): Rewords provision for clarification. 270. Y4 T 21460.11 Renumbered Subd 8 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 271. Y4 T 21460.11 Renumbered Subd. 8 (e) (2): Replaces the word "utilized" with "used." 272. Y4 S 21460.11 Renumbered Subd. 8 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Requirements and Construction Limitations 273. Y5 T 21460.13 Corrects minor miscellaneous items to provide consistency throughout the ordinance. C=3, Hi hwa . Commercial District- Permitted Uses 274. Z T 21465.03 Former Subd. 7: Deletes cellular towers and antennas located on a public structure as a "permitted" use, because they are allowed by and addressed as an "administrativepermit." 275. Z T 21465.03 Renumbered Subd. 8: Deletes unneeded wording. 276. Z T 21465.03 Renumbered Subd. 9: Clarifies verbiage for "copy/printing services" use. 277. Z T 21465.03 Renumbered Subd. 11: Deletes unneeded wording. 278. Z T 21465.03 Renumbered Subd. 13: Changes the word "with" to "containing." 279. Z T 21465.03 New Subd. 15 & former Subd 18: Changes the use name from "Motels and hotels" to "Hotels and motels" for consistency and places in alphabetical order. 280. Z T 21465.03 Subd 16: Deletes language pertaining to on sale liquor (which is not allowed unless part of a restaurant) and adds wording to provide notification that a liquor license is also required. 281. Z T 21465.03 New Subd. 20 and former Subd. 24: Changes the use name from Restaurant, delivery or take out" to "Prepared food: delivery and/or takeout only, no interior seating" for consistency, places in alphabetical order. 282. Z T 21465.03 Subd. 21: Deletes archaic term "lodges" and makes minor change to provide consistent wording. Accessor Uses 283. Z1 T 21465.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 284. Z1 T 21465.05 Renumbered Subd. 1: Deletes/adds words for clarification. 285. Z1 T 21465.05 Subd. 4: Deletes/adds wording for consistency. Conditional Uses 286. Z2 T 21465.07 Subd. 2: Adds the missing word "existing" for consistency. 287. Z2 T 21465.07 Subd. 3: Deletes/adds wording for clarification and consistency. 288. Z2 T 21465.07 Subd. 5 (c): Updates reference. 289. Z2 T 21465.07 Subd, 6: Deletes unneeded wording for consistency. 18 Ord. Type Section Description 290. Z2 T 21465.07 Subd. 12: Adds the missing word "square" and since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 291. Z2 T 21465.07 Subd. 13: Since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 292. Z2 TIS 21465.07 Subd. 14: Adds/deletes wording for clarification and deletes "truck stops" as a conditional use. 293. Z2 T 21465.07 Subd. 14 (b): Eliminates repetition, as the requirement is also addressed in the following provision. 294. 1 Z2 T 21465.07 Subd. 14 : Corrects reference. Interim Uses 295. Z3 T 21465.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 296. Z4 T 21465.11 Subd. 1: Adds the missing word "existing" for consistency. 297. Z4 T 21465.11 Subd. 2: Corrects capitalization and deletes unneeded wording to eliminate redundancy. 298. Z4 T 21465.11 Subd. 3: Adds the missing word "square." 299. Z4 T 21465.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 300. Z4 T 21465.11 Renumbered Subd 6 (a): Replaces the word "specifications" with standards" to provide correct terminology. 301. Z4 T 21465.11 Renumbered Subd. 6 (c): Rewords provision for clarification. 302. Z4 T 21465.11 Renumbered Subd. 9 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 303. Z4 T 21465.11 Renumbered Subd. 9 (e) (2): Replaces the word "utilized" with "used." 304. Z4 S 21465.11 Renumbered Subd. 9 (e), new item (7): Limits temporary outdoor events to one per Propaftty at a tiliie. Area Requirements and Construction Limitations 305. Z5 T 21465.13 Corrects minor miscellaneous items to provide consistency throughout the ordinance. C-4:COMMUnily Commercial District- Permitted Uses 306. AA T 21470.03 Former Subd. 4: Deletes the use called "Art & school supply sales" and combines it with renumbered Subd. 11. Renumbers subsequent items. 307. AA S 21470.03 Former Subd. 11: Deletes the use called "Boat, marine, snowmobile sales, enclosed" from the list of permitted uses in the C-4 district. 308. AA T 21470.03 Former Subd. 19: Deletes cellular towers and antennas located on a public structure as a "permitted" use, because they are allowed by and addressed under the "administrative permit" provisions. 19 20 Ord. i Description 309. AA T 21470.03 Renumbered Subd. 19: Clarifies verbiage for "copy/printing services" use. 310. AA T 21470.03 Former Subd. 29: Deletes archaic use. 311. AA T 21470.03 Renumbered Subd. 30: Adds verbiage "(without motor fuel sales)" to distin ish the type of convenience market that is "permitted." 312. AA T 21470.03 New Subd. 33 & former Subd. 42: Changes use name from "Motels and hotels" to "Hotels and motels" for consistency and places in alphabetical order. 313. AA T 21470.03 Renumbered Subd. 36: Deletes language pertaining to on sale liquor which is not allowed unless part of a restaurant) and adds wording to provide notification that a liquor license is also required. 314. AA T 21470.03 Renumbered Subd. 39: Adds "e.g.," and deletes "tapes" and "etc." to update provision and provide consistenc . 315. AA T 21470.03 Renumbered Subd. 44: Adds/deletes wording to clari the provision. 316. AA T 21470.03 New Subd. 45 and former Subd. 53: Changes the use name from Restaurant, delivery or take out" to "Prepared food: delivery and/or takeout only, no interior seating" for consistency; places in alphabetical order. 317. AA T 21470.03 Renumbered Subd. 46: Deletes archaic term "lodges" and makes minor chape to provide consistent wording. 318. AA T 21470.03 Renumbered Subd. 56: Deletes the word "etc." and replaces it with "and similar uses." 319. AA S 21470.03 New Subd. 63: Adds "Tutoring/learning centers" as a permitted use in the C-4 district. Accessory Uses 320. AAI T 21470.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 321. AAl T 21470.05 Renumbered Subd. 1: Deletes/adds words for clarification. Conditional. Uses 322. 1 AA2 I T 121470.07 1 Subd. 2; Adds the missing word "existing" for consistency. M1 n 7A JGJ. A n i1i1G mf n 7 A r7 A lir? Gl1+/v.v/ Q-A- o rl _ A _ - - - - -- _ - ' _ ' - -- -0- -- - - - - _ ' _ . - - - - r . i . I A I - , - Oubu. J: A-mends provision for LVIIststency and to clarify ine condition allowing increased building height. 324. AA2 T 21470.07 Fortner Subd. 5: Deletes "Motor fuel sales..." from this location to place it in alphabetical order under new Subd. 15 (see #328). Renumbers intervening items. 325. AA2 T 21470.07 Renumbered Subd. 6: Deletes unneeded words. 326. AA2 T 21470.07 Renumbered Subd. 12: Adds the missing word "square," and since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 327. AA2 T 21470.07 Renumbered Subd. 14: Since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 328. AA2 T 21470.07 New Subd. 15: Replaces "Motor fuel sales..." in alphabetical order (see 324). 20 Ord. Type Section Description 329. AA2 TIS 21470.07 Subd. 16: Adds/deletes wording for clarification and deletes "truck stops" as a conditional use. 330. AA2 T 21470.07 Subd. 16 (b): Eliminates repetition, as the requirement is also addressed in the following provision. 331. AA2 T 121470.07 1 Subd. 16 0: Updates reference. Interim Uses 332. AM T 21470.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 333. AA4 T 21470.11 Subd. 1: Adds the missing word "existing" and adds comma for consistency. 334. AA4 T 21470.11 Subd. 2: Corrects capitalization and deletes unneeded wording to eliminate redundancy. 335. AM T 21470.11 Subd. 3: Adds the missing ward "square." 336. AM T 21470.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 337. AA4 T 21470.11 Renumbered Subd 6 (a): Replaces the word "specifications" with standards" to provide correct terminology. 338. AA4 T 21470.11 Renumbered Subd 6 (c): Rewords provision for clarification.. 339. AA4 T 21470.11 Renumbered Subd 9 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 340. AA4 T 21470.11 Renumbered Subd 9 (e) (2): Re laces the word "utilized" with "used." 341. AA4 S 21470.11 Renumbered Subd. 9 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Requirements and Construction Limitations 342. AA5 T 21470.13 Corrects minor miscellaneous items to provide consistency throughout the ordinance. CC, City Center DiAr ct- Permitted Uses / CGR & E 343. BB 1 T 21475.05 Subd. 2 (b): Adds wording to include incidental restoration for antique shops. 344. BBI T 21475.05 Subd. 2, former (d): Deletes the use called "Art & school supply sales" and combines it with re -lettered item (i). Renumbers subsequent items. 345. BB 1 T 21475.05 Subd. 2, re -lettered (d): Changes "Art galleries" to "Art gallery and sales" for consistency. 346. BB1 T 21475.05 Subd. 2, former (n): Deletes cellular towers and antennas located on a public structure as a "permitted" use, because they are allowed by and addressed as an "administrative permit." 347. BBI T 21475.05 Subd. 2, re -lettered (n): Clarifies verbiage for "copy/printing services" use. 21 Ord. Type Section Description 348. BBI T 21475.05 Subd. 2, re -lettered (o): Makes the use(s) listed plural and adds/deletes words for consistency. 349. BBI T 21475.05 Subd. 2, re -lettered : Deletes unneeded words. 350. BBI S 21475.05 Subd. 2, former (v): Deletes archaic use. 351. BBI T 21475.05 Subd. 2, re -lettered (aa): Adds wording to provide notification that a liquor license is also required. 352. BBI T 21475.05 Subd. 2, re -lettered (cc): Adds "e.g.," and deletes "tapes" and "etc." to update provision and provide consistency. 353. BBI T 21475.05 Subd. 2, re -lettered ( : Adds/deletes words for consistency. 354. BBI T 21475.05 Subd. 2, re -lettered (hh): Adds/deletes wording to clarify the provision. 355. 1 BB1 T 21475.05 Subd. 2, re -lettered (nn): Deletes the word "etc." and replaces it with and similar uses." Permitted Uses / CC OT & R 356. BB2 T 21475.05 Subd. 3 (b): Adds wording for consistency elsewhere in the ordinance. 357. BB2 T 21475.05 Subd. 3, former (e): Deletes "printing establishments, commercial" from the CC district. "Copy/printing services..." are already allowed through item (a). Re -letters subsequent items. Accessory Uses / CC -P 358. BB3 S 21475.07 Subd. 2, new (a): Adds "Farmer's markets, publically sponsored" as an accessory use. 359. BB3 T 21475.07 Subd 2, (b): Adds/deletes wording for consistency and includes wording to provide notification that a liquor license is also required. Accessory Uses / CC -R & E 360. BB4 I S 21475.07 New Subd. 3: Adds "Farmer's markets, publically sponsored" as an accessory use. Conditional Uses 361. BB5 T 21475.09 Subd. 1 (a): Clarifies the conditions under which a conditional use permit is required for certain antennas. 362. 13135 T 21475.09 Subd. 1 (c): Since there is no condition (b), the text of condition (a) has been moved into the main body of the provision. 363. BB5 T 21475.09 Subd. 1 (e): Deletes/adds wording for clarification and consistency. 364. BB5 T 21475.09 Subd. 3 (a): Changes "Auto" to "Automobile" and corrects punctuation for consistency. 365. BB5 T 21475.09 Subd. 3 (d): Removes archaic word "nursery" and moves the text of condition (1) into the main body of the provision, because there is no condition (2). 366. BB5 T 21475.09 Subd. 4 (a): Moves the text of condition (1) into the main body of the provision, because there is no condition (2). Interim Uses 367. 13136 T 21475.11 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. 22 Ord. Uses by Administrative Permit 368. BB7 T 21475.13 Subd. 1: Adds the missing word "existing" for consistency. 369. BB7 T 21475.13 Subd. 2: Deletes unneeded wording to eliminate redundancy. 370. BB7 T 21475.13 Subd. 3: Adds the missing word "square." 371. BB7 T 21475.13 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 372. BB7 T 21475.13 Renumbered Subd. 6 (a): Replaces the word "specifications" with standards" to provide correct terminology. 373. BB7 T 21475.13 Renumbered Subd. 6 (c): Rewords provision for clarification. 374. BB7 T 21475.13 Renumbered Subd 8 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 375. BB7 T 21475.13 Renumbered Subd 8 (e) (2): Replaces the word "utilized" with "used." 376. BB7 S 21475.13 Renumbered Subd. 8 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Requirements and Construction Limitations 377. BB8 T 21475.15 Corrects minor miscellaneous items to provide consistency throughout the ordinance. S ecial Design and Performance Standards 378. BB9 T 21475.17 Subd. 7 (k) (2) h: Changes "Desired Materials" to "Allowable Materials" to be consistent with related provision (1) of that subsection. C=5, CommerciaFndustrial District- Permitted Uses 379. CC S 21550.03 New Subd. 2: Adds "Automobile detailing shops" as a permitted use. Renumbers subsequent items. 380. CC T 21550.03 Renumbered Subd. 3: Adds the wording "or terminals" for consistency. 381. CC T 21550.03 Former Subd. 3: Deletes cellular towers and antennas located on a public structure as a "permitted" use, because they are allowed by and addressed as an "administrativepermit." 382. CC T 21550.03 Subd. 4: Adds wording for consistency elsewhere in the ordinance. 383. CC T 21550.03 New Subd, 7: Adds "Copy/printing services..." to replace former Subd. 14 called "Printing establishments, commercial" (see #385). Renumbers subsequent items. 384. CC S 21550.03 New Subd. 12: Adds "Locksmiths" as a permitted use. 385. CC T 21550.03 Former Subd. 14: Deletes "Printing establishments, commercial" and re laces with "CopyLnLndng services..." under new Subd. 7 (see #383). 386. CC T 21550.03 Renumbered Subd. 19: Deletes the word "etc." and replaces it with "and similar uses." Accessory Uses 387. CCI T 21550.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 388. CCI I T 21550.05 Renumbered Subd. 1: Deletes/adds words for clarification. 23 ft Ord. Conditional Uses 389. CC2 T 21550.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 390. CC2 T 21550.07 New Subd. 2: Adds "Automobile repair ---major" in this location; replaces former Subd. 5 to place the item in alphabetic order (see #393). Renumbers subse went items. 391. CC2 T 21550.07 Renumbered Subd. 4: Moves the text of condition (a) into the main body of the rovision, because there is no condition 392. CC2 S 21550.07 Former Subd. 4: Deletes use "Living quarters..." as a conditional use. The use is replaced as an interim use (see #399). 393. CC2 T 21550.07 Former Subd. 5: Deletes "Major automobile repair..." from this location; replaces it under new Subd. 2 (see #390). 394. CC2 T 21550.07 Renumbered Subd. 5: Adds wording to consolidate the use with former Subd. 8 (see #397). 395. CC2 T 21550.07 Renumbered Subd, 6: Adds/deletes wording to clarify the provision, and corrects typo in item (a). 396. CC2 T 21550.07 Renumbered Subd. 6 (e) & (f): Adds the missing words "are" and "or," respectively. 397. CC2 T 21550.07 Former Subd. 8: Deletes the use because it would be consolidated with renumbered Subd. 5 (see #394). Interim Uses 398. CC3 T 21550.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. 399.. CC3 S 21550.09 New Subd. 2: Replaces "Living quarters..." as an interim use (see #392) to provide the City with'control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or event. Uses by Administrative Permit AOA T V. 0VVT TL 1)l ccn 1 1V.i c}„A 1 • e,a ec he ,,,;rn;,,, A f; f) 1IJLLVµ, 4V iiu.a.aiiis YYorµex. Mils aniµµ4Vn ui; µ LVr consistency. 401. CC4 T 21550.11 Subd. 2: Corrects capitalization and deletes unneeded wording to eliminate redundancy. 402. CC4 T 21550.11 Subd. 3: Adds the missing word "square." 403. CC4 T 21550.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. Renumbers subsequent items. 404. CC4 T 21550.11 Renumbered Subd. 6 (a): Replaces the word " specifications" with standards" to provide correct terminology. 405. CC4 T 21550.11 Renumbered Subd. 6 (c): Rewords provision for clarification. 406. CC4 T 21550.11 Renumbered Subd. 9 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item ( 2) d for 9 Ord. Type Section Description 407. CC4 T 21550.11 Renumbered Subd. 9 (e) (2): Replaces the word `utilized" with `used." 408. CC4 S 21550.11 Renumbered Subd. 9 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Re uirements and Construction Limitations 409. CCS T 21550.13 Adds/deletes language to make title consistent with the rest of the ordinance; and corrects minor -miscellaneous items to provide consistency throughout the ordinance. B -C Business Campus District - Permitted Uses 410. DD T 21555.03 Former Subd. 2: Deletes "Commercial printing establishments." The use is replaced as "Copy/printing services..." under new Subd. 3 (see 412). Renumbers subsequent items. 411. DD S 21555.03 Former Subd. 3: Deletes "Commercial recreation, indoor" as a permitted use in the B -C district. The use would be more appropriately located in the commercial or industrial districts. The amendment would not result in non -conformities, because there are presently no indoor commercial recreation uses in the B -C district. 412. DD T 21555.03 New Subd. 3: Adds "copy/printing services..." to replace "Commercial printing establishments" under former Subd. 2 (see #410). 413. DD T 21555.03 Renumbered Subd. 14 and new Subd. 15: Divides "trade schools" and tutoring/teaming centers" into two distinct uses. The definition of trade school" would include vocational schools. Accessory Uses 414. DDI T 21555.05 Former Subd. 1 and new Subd. 2: Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 415. DDl T 21555.05 Renumbered Subd. 1: Deletes/adds words for clarification. 416. DD1 T 21555.05 Subd. 6: Corrects typo for "Television Receive -Only" (TYRO) satellite uiGI Lies. a 3. Conditional Uses 417. DD2 T 21555.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 418. DD2 T 21555.07 Subd. 2: Amends provision for consistency and to clarify the condition allowing increased building height. 419. DD2 T 21555.07 Subd. 3: Moves the text of condition (a) into the main body of the provision, because there is no condition ). 420. DD2 T 21555.07 Subd. 6: Moves the text of condition (a) into the main body of the provision, because there is no condition (b). 421. DD2 T 21555.07 Adds new Subd. 9 and deletes former Subd. 10 to change the name of the use from "Motels and hotels" to "Hotels and motels" (for consistency) and places the use in alphabetical order. Renumbers intervening item. 422. DD2 T 21555.07 Renumbered Subd. 10: Deletes/adds wording for consistency. 25 ft Ord. Type Section Description 423. DD2 T 21555.07 Renumbered Subd. 10 (c): Adds the missing word "the." 424. DD2 T 21555.07 Subd. 11: Amends the subdivision to move the 15% limitation for restaurants into the main portion of the provision to provide clarification. 425. DD2 T 21555.07 Subd. 12 (c): Deletes unneeded word and unneeded "(1)" since there is no "(2)." 426. DD2 T 21555.07 Former Subd. 13: Deletes unneeded "Warehousing..." because the use is already addressed under renumbered Subd. 10 (see #422). Interim Uses 427. DD3 T 21555.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. Uses by Administrative Permit 428. DD4 T 21555.11 Subd. 1: Adds the missing word "existing" and a comma for consistency. 429. DD4 T 21555.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 430. DD4 T 21555.11 Subd. 3: Adds the missin word "square." 431. DD4 T 21555.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 432. DD4 T 21555.11 New Subd. 4: Adds "Other uses of the same general character..." for consistency with the allowable administrative uses in other districts. 433. DD4 T 21555.11 Subd. 5 (a): Replaces the word "specifications" with "standards" to provide correct terminology. 434. DD4 T 21555.11 Subd. 5 (c): Rewards provision for clarification. 435. DD4 T 21555.11 Subd. 7 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 436. DD4 T 21555.11 Subd. 7 e) (2): Replaces the word "utilized" with "used." 437. DD4 S 21555.11 Subd. 7 (e), new item (7): Limits temporary outdoor events to one per tom t .. i 1.... propertyL CLL 0. L'1111G. Area Requirements and Construction Limitations 438. DD5 T 21555.13 Corrects minor miscellaneous items to provide consistency throughout the ordinance. I-1, Ught Industrial District- Permitted Uses 439. EE S 21560.03 New Subd 4: Adds "Automobile repair. -minor" as a permitted use, because major auto repair is already listed as a permitted use. Renumbers subsequent items. 440. EE I T 21560.03 Renumbered Subd. 14: Adds wording for consistency. Accessory Uses 441. EE1 T 21560.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as newISubd. 2 to place it in alphabetical order. Renumbers intervening item. - PTO 27 Ord. Description 442. EE1 T 21560.05 Renumbered Subd. 1: Deletes/adds words for clarification. 443. EE1 T 21560.05 Subd. 6: Corrects typo for "Television Receive-Only" (TYRO) satellite dishes. Conditional Uses 444. EE2 T 21560.07 New Subd. 2: Adds "Automobile repair-servicing of motor freight vehicles..." in this location; replaces former Subd. 10 to place the item in alphabetic order (see #449). Renumbers subsequent items. 445. EE2 T 21560.07 Renumbered Subd. 3: Amends provision for consistency and to clarify the condition allowing increased building height. 446. EE2 T 21560.07 Renumbered Subd. 6: Adds wording for consistency elsewhere in the ordinance. 447. EE2 T 21560.07 Renumbered Subd. 7: Moves the text of condition (a) into the main body of the provision, because there is no condition (b). 448. EE2 S 21560.07 Former Subd. 9: Deletes the use "Living quarters..." as a conditional use. The use is replaced as an interim use (see #453). 449. EE2 T 21560.07 Former Subd. 10: Deletes the use in this location and replaces it under new Subd. 2 to place it in alphabetical order (see #444). 450. EE2 T 21560.07 Former Subd. 12 & new Subd. 12: Relocates "Outside storage..." to lace it in alphabetical order. 451. EE2 T 21560.07 Renumbered Subd. 11: Clarifies that "outdoor" (not "open") service, sales, and rental are being regulated to provide consistency with how such uses are addressed throughout the ordinance. Interim Uses 452. EE3 T 21560.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use ermit, as stated in Section 21185. 453. EE3 S 21560.09 New Subd 2: Replaces "Living quarters..." as an interim use (see #448) to provide the City with control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or eve TJnt. c7V bN rid1111111J LrK+Ll r1 ni 1.11111+ E 454. EE4 T 21560.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for antennas located upon an existing structure or existing tower. 455. EE4 T 21560.11 New Subd. 2: Clarifies the conditions under which an administrative permit is required for antennas not located upon an existing structure or existing tower. Renumbers subsequent items. 456. EE4 T 21560.11 Renumbered Subd. 3: Deletes unneeded wording to eliminate redundancy. 457. EE4 T 21560.11 Former Subd, 3: Deletes unneeded provision that is already addressed as a permitted use. 458. EE4 T 21560.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 459. EE4 T 21560.11 Renumbered Subd. 5 (a): Replaces the word "specifications" with standards" to provide correct terminology. 27 28 Ord. Section Description 460. EE4 T 21560.11 Renumbered Subd. 5 (c): Rewords provision for clarification. 461. EE4 T 21560.11 Renumbered Subd. 8 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 462.tEE4 T 21560.11 Renumbered Subd. 8 (e) (2): Replaces the word "utilized" with"used," used." 463. S 21560.11 Renumbered Subd. 8 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Requirements and Construction Limitations 464. EE5 T 21560.13 Corrects minor miscellaneous items to provide consistency throughout the ordinance. 1-2, General Industrial District- _ Permitted Uses 465. FF S 21565.03 New Subd 4: Adds "Automobile repair-minor" as a permitted use, because major auto repair is already listed as a permitted use, Renumbers subsequent items. 466. FF S 21565.03 New Subd. 8: Adds "Dry cleaning processing..." as a permitted use; carried over from I-1. 467, FF T 21565.03 New Subd. 9: Adds provision related to "Essential services..." for consistency. 468. FF T 21565.03 Renumbered Subd. 17: Adds wording for consistency. Accessory Uses 469. FF1 T 21565.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 470. FF1 T 21565.05 Renumbered Subd. 1: Deletes/adds words for clarification. 471. FF1 T 21565.05 Subd. 6: Corrects typo for "Television Receive-Only" (TYRO) satellite dishes. Conditional Uses 472. FF2 T 21565.07 New Subd. 2: Adds "Automobile repair-servicing of motor freightIvehicles..." in this location; replaces former Subd. 12 to place the item in alphabetic order (see #477). Renumbers subsequent items. 473. FF2 T 21565.07 Renumbered Subd. 4: Amends provision for consistency and to clarify the condition allowing increased building height. 474. FF2 T 21565.07 Renumbered Subd. 7: Adds wording for consistency elsewhere in the ordinance. 475. FF2 T 21565.07 Renumbered Subd. 8: Adds comma and moves the text of condition (a) into the main body of the provision, because there is no condition (b). 476. FF2 S 21565.07 Former Subd. 11: Deletes the use "Living quarters..." as a conditional use. The use is replaced as an interim use (see #481). 477. FF2 T 21565.07 Former Subd. 12: Deletes the use in this location and replaces it under new Subd. 2 to place it in alphabetical order (see ##472). 478. FF2 T 21565.07 Former Subd. 14 and new Subd. 14: Relocates "Outside storage..." to Lace it in alphabetical order. 28 Ord. 479. FF2 T 21565.07 Renumbered Subd. 13: Clarifies that "outdoor" (not "open") service, sales, and rental are being regulated to provide consistency with how such uses are addressed throughout the ordinance. Interim Uses 480. FF3 T 21565.09 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use ermit, as stated in Section 21185. 481. FF3 S 21565.09 New Subd 2: Replaces "Living quarters..." as an interim use (see #476) to provide the City with control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or event. Uses by Administrative Permit 482. FF4 T 21565.11 Subd. 1: Clarifies the conditions under which an administrative permit is re aired for antennas located upon an existing structure or existing tower. 483. FF4 T 21565.11 New Subd. 2: Clarifies the conditions under which an administrative permit is required for antennas not located upon an existing structure or existing tower. Renumbers subsequent items. 484. FF4 T 21565.11 Renumbered Subd. 3: Deletes unneeded wording to eliminate redundancy. 485. FF4 T 21565.11 Former Subd. 3: Deletes unneeded provision that is already addressed as a permitted use. 486. FF4 T 21565.11 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 487. FF4 T 21565.11 Renumbered Subd. 5 (a): Replaces the word "specifications" with standards" to provide correct terminology. 488. FF4 T 21565.11 Renumbered Subd. 5 (c): Rewords provision for clarification. 489. FF4 T 21565.11 Renumbered Subd. 8 (a) (3): Corrects formatting. 490. FF4 T 21565.11 Renumbered Subd. 8 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarifythe pratdsi^ri. Alcri p-nicrrIc gym (2) d for clarification. 491. FF4 T 21565.11 Renumbered Subd. 8 (e) (2): Re laces the word `utilized" with "used." 492. FF4 S 21565.11 Renumbered Subd. 8 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Re uirements and Construction Limitations 493. FF4 T 21565.13 Corrects minor miscellaneous items to provide consistency throughout the ordinance. 1-3, Heavy Industrial District- . Permitted Uses 494. GG S 21570.05 New Subd 4: Adds "Automobile repair -minor" as a permitted use, because major auto repair is already listed as a permitted use. Renumbers subsequent items. 29 ff Ord. Type Section 495. GG S 21570.05 New Subd. 8: Adds "Dry cleaning processing..," as a permitted use; carried over from I-1 and I-2. 496. GG T 21570.05 New Subd. 9: Adds provision related to "Essential services..." for consistency. 497. GG T 21570.05 Renumbered Subd. 12: Changes "Heavy manufacturing" to "Heavy industry' to clarify the use. A definition for heavy industry is also provided see #11). 498. GG T 21570.05 Renumbered Subd. 18: Adds wording for consistency. Accessory Uses 499. GG1 T 21570,07 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 500. GG1 T 21570.07 Renumbered Subd. 1: Deletes/adds words for clarification. 501. GG1 T 21570.07 Subd. 6: Corrects typo for "Television Receive -Only" (TYRO) satellite dishes. Conditional Uses 502, GG2 T 21570.09 New Subd. 2: Adds "Automobile repair -servicing of motor freight vehicles..." in this"location; replaces former Subd. ll to place the item in alphabetic order (see #507). Renumbers subsequent items. 503. GG2 T 21570.09 Renumbered Subd 4: Amends provision for consistency and to clarify the condition allowing increased building height. 504. GG2 T 21570.09 Renumbered Subd. 7: Adds wording for consistency elsewhere in the ordinance. 505. GG2 T 21570.09 Renumbered Subd. 8: Adds comma and moves the text of condition (a) into the main body of the provision, because there is no condition 506. GG2 S 21570.09 Former Subd. 10: Deletes the use "Living quarters..." as a conditional use. The use is replaced as an interim use (see #512). 507. GG2 T 21570.09 Former Subd. 11: Deletes the use in this location and replaces it under new Subd. 2 to place it in alphabetical order (see #502). 508. GG2 T 21570.09 Former Subd. 13 and new Subd. 13: Relocates "Outside storage..." to i0.GG LL in alphabetical order. 509. GG2 T 21570.09 Renumbered Subd. 12: Clarifies that "outdoor" (not "open") service, sales, and rental are being regulated to provide consistency with how such uses are addressed throughout the ordinance. 510. GG2 T 21570.09 Renumbered Subd. 15: Deletes/adds wording to clarify the use. 511. GG2 T 21570.09 Renumbered Subd. 17: Corrects formatting. Interim Uses 512. GG3 T 21570.11 Subd. 1: Clarifies that only those landfilling and excavation/grading operations involving over 1,000 cubic yards require an interim use permit, as stated in Section 21185. 9M 31 Ord. Description GG3 S 21570.11 New Subd 2: Replaces "Living quarters,.." as an interim use (see #506) to provide the City with control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or event. Uses by Administrative Permit 514. GG4 T 21570.13 Subd. 1: Clarifies the conditions under which an administrative permit is required for antennas located upon an existing structure or existing tower. 515. GG4 T 21570.13 New Subd. 2: Clarifies the conditions under which an administrative permit is required for antennas not located upon an existing structure or existing tower. Renumbers subsequent items. 516. GG4 T 21570.13 Renumbered Subd. 3: Deletes unneeded wording to eliminate redundancy. 517. GG4 T 21570.13 Former Subd. 3: Deletes unneeded provision that is already addressed as a permitted use. 518. GG4 T 21570.13 Former Subd. 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 519. GG4 T 21570.13 Renumbered Subd. 5 (a): Replaces the word "specifications" with standards" to provide correct terminology. 520. GG4 T 21570.13 Renumbered Subd. 5 c): Rewords provision for clarification. 521. GG4 T 21570.13 Renumbered Subd. 8 (a) (3): Corrects formatting. 522. GG4 T 21570.13 Renumbered Subd. 8 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 523. GG4 T 21570.13 Renumbered Subd. 8 (e) (2): Replaces the word "utilized" with "used." 524. GG4 S 21570.13 Renumbered Subd. 8 (e), new item (7): Limits temporary outdoor events to one per property at a time. Area Requirements and Construction Limitations 525. GG5 T 21570.15 Corrects minor miscellaneous items to provide consistency throughout tCthe VrLLJ1ia11cL. PI TORO Institutional District- Permitted Uses 526. HH T 21650.03 Subd. 1: Adds wording to clarify that "permitted" daycare facilities may be either a principal use or an accessory use. 527. HH T 21650.03 Subd. 2: Amends provision for consistency; deletes "trade schools" and tutoring learning centers" from this subdivision -which would be separately addressed as permitted uses under new Subd. 11 and 12, respectively (see #529 and #530). 528. HH T 21650.03 Subd. 5: Adds/deletes wording to update the use with new nomenclature and to clarify the use. 529. HH T 21650.03 Subd. 6: Deletes archaic term "lodges" and adds parenthetical wording for consistency. 31 4 Or& Type Section Description 530. HH T 21650.03 New Subd. 11: Replaces "Trade schools" as its own subdivision in alphabetical order (see #526). The definition of "trade school" would include vocational schools. 531. HH T 21650.03 New Subd. 12: Replaces "Tutoring/learning centers" as its own subdivision in alphabetical order (see #526). Accessory Uses 532. HHI T 21650.05 Deletes Subd. 1 "Accessory uses incidental..." and replaces it as new Subd. 2 to place it in alphabetical order. Renumbers intervening item. 533. HH1 T 21650.05 Renumbered Subd. 1: Deletes/adds words for clarification. 534. HH1 S 21650.05 New Subd. 3: Adds "Farmer's markets, publically sponsored" as an accessory use. 535. HH1 T 21650.05 Renumbered Subd. 5 & former Subd. 8: Relocates provision regarding Liquor, on sale..." so it is placed in alphabetical order. Conditional Uses 536. HH2 T 21650.07 Subd. 1: Clarifies the conditions under which a conditional use permit is required for certain antennas. 537. HH2 T 21650.07 Subd. 2: Amends provision for consistency and to clarify the condition allowing increased building height. 538. HH2 T 21650.07 Subd. 3 (c): Clarifies that all portions of a cemetery or memorial garden are required to meet the setback requirement prescribed for the principal structure. 539. HH2 S 21650.07 New Subd. 5: Adds "Commercial and public radio and television transmitting antennas..." as a conditional use --per Section 21175. Renumbers subsequent items. 540. HH2 T 21650.07 Renumbered Subd. 7: Deletes "shelters" from this provision, because they are separately addressed later in renumbered Subd. 19. 541. HH2 T 21650.07 Former Subd. 7: Deletes unneeded provision (the uses are already addressed as permitted or accessory uses). 542. HH2 T 21650.07 Subd. 10: Moves the text of condition (a) into the main body of the because there is no condition ). 543. nri2 T 2iVJV.V7 7* p. Trovision, 1VW 7l bd 11 & 1V1111Gr 07ubd. 14, h.11ai1geJ the 11[Llile Ul file 11sG 11oF11 Mortuaries and funeral homes" to "Funeral homes and mortuaries" for consistency, and also places it in alphabetical order. 544. HH2 S 21650.07 Former Subd. 13: Deletes the use "Living quarters..." as a conditional use. The use is replaced as an interim use (see #551). 545. HH2 T 21650.07 Former Subd. 17: Deletes provision allowing "Other uses of the same general character..." as a conditional use, in order to maintain consistent with the other districts. 546. HH2 T 21650.07 Former Subd. 18: Deletes the use "Outdoor recreation areas..." from this location. The use would be replaced using the new nomenclature Recreational facilities..." as new Subd. 18 see #547). 547. HH2 T 21650.07 New Subd 17: Adds "Public safety communication towers..." in this location to place it in alphabetical order. The use is deleted from former Subd. 23 see 4549). 32 33 Ord. 548. HH2 T 21650.07 New Subd. 18: Adds the use called "Recreational facilities..." to replace the use called "Outdoor recreation areas..." under former Subd. 18 (see 545). 549. HH2 S 21650.07 Former Subd. 20: Deletes the use called "Reduction in lot area requirements" from the conditional use section (a variance would be required instead of a CUP). 550. HH2 T 21650.07 Former Subd. 23: Deletes "Public safety communication towers..." from this location and replaces it as new Subd. 17 to place it in alphabetical order see #546). Interim Uses 551. HH3 T 21650.09 Subd. 1: Clarifies that only those landfilling and excavatior/grading operations involving over 1,000 cubic yards require an interim use ermit, as stated in Section 21185. 552. HH3 S 21650.09 New Subd. 2: Replaces "Living quarters..." as an interim use (see #543) to provide the City with control over termination of the use based upon need. Conditional uses run with the land, but interim uses can run with the landowner, or can be approved to expire upon a certain date or event. Renumbers subsequent item. Uses by Administrative Permit 553. HH4 T 21650.11 Subd. 1: Clarifies the conditions under which an administrative permit is required for certain antennas. 554. HH4 T 21650.11 Subd. 2: Deletes unneeded wording to eliminate redundancy. 555. HH4 T 21650.11 Subd 3: Adds the missing word "square." 556. HH4 T 21650.11 Former Subd 4: Deletes unneeded provision because an administrative permit is not required in conjunction with landfilling and excavation/grading operations. 557. HH4 T 21650.11 New Subd 4: Adds the use named "Other uses of the same general character as those listed as permitted in this District" as an administrative use, to maintain consistency with the other districts. 558. HH4 T` 21650.11 Subd. 5 (a): Replaces the it ord "spec ficat^nu" ;With "standards„ to provide correct terminolo 559. HH4 T 21650.11 Subd. 5 (c): Rewords provision for clarification. 560. HH4 T 21650.11 Subd. 9 (c) (1): Adds "sales of fireworks" to the listing of transient merchant sales to clarify the provision. Also, rewords item (2) d for clarification. 561. HH4 T 21650.11 Subd. 9 e 2): Replaces the word "utilized" with "used." 562. HH4 S 21650.11 Subd. 9 (c), new item (7): Limits temporary outdoor events to one per property at a time. Area Re uirements and Construction Limitations 563. HH5 T 21650.13 Deletes wording to make the title consistent with the rest of the ordinance; corrects minor miscellaneous items to provide consistency throughout the ordinance. 33 Ord. Description PUD, Planned Unit Development District- - 564. II S 21655.10 New Subd. 6: Adds an expiration for PUD final plans consistent with the wording provided for expiration of site plans. 565. Ill T 21655.32 Repeals "The Plymouth Shopping Center PUD" that was established in 2003. That PUD has since been replaced by "Plymouth Crossroads Station PUD" in 2006. Shoreland Management Overlay: District - 566. JJ TIS 21665.03 Adds/deletes wording so the shoreland regulations apply to all riparian parcels, all parcels located entirely within the shoreland management JJ1 overlay district, and to those parcels located partially within the shoreline management overlay district that contain over 2 acres. In. the case of parcels containing over 2 acres, the regulations would continue to apply only to that portion of the parcel lying within the boundaries of the shoreland management overlay district—refer to JJ I, deleted item (d). 567. JJ2 S 21665.04 Subd. Revised (1): Maintains the 25% maximum i pervious surface coverage for cels located partially or entirely wit . n 500 feet from the ordinary high w ter level of a lake, but ' creases the allowable impervious surface corage to 30% for su h parcels if the subdivision that includes the parcel ied by NU ponding. SOW New (a) (2): Increases the allo d le impervious surface coverage to 30% for parcels located entirel beyo 500 feet from the ordinary high water level of a lake. Lt, J New (a) (3): Maintain e 25% maximum' rous surface coverage for parcels located hip the shoreland manageroe , overlay district of a e R stream, but in ases the allowable impervious surfaac overage to 30% for such parcels if the subdivision that includes the parte 's served by NURP ponding. 568. JJ2 T 21665.04 Subd. 4 (b): Adds heading and provides consistent formatting. 569. JJ3 S 21665.10 New Subd. 3: Requires that one or more best management practices BMP's) for controlling or improving stormwater runoff (e.g., rain gardens, infiltration basins, riparian buffers) be included as part of any request for a variance to the shoreland regulations. Renumbers sub equent items. 570. JJ S 2 65. 1 Su d. 3. Revise vision (whit req 'res contiguous onforming lot u er the s e wnership be co biped) so ' applie only toapp) pro ertr s locat d enti ly or pa ially wit 'n 200 fe t of the dinary hi wat leve of a I or str am. The pr vision ap ics to a properti ithin the Sh el d Managemen Over y District. 604d y/?-,/ oq - 564 9 Ord. Description Wetlands District - KK S 21670.04 Subd. 7: Adds language to require that parking lots and drive aisles also be set back at least 15 feet from a wetland edge in cases where the site is 570 not subject to the buffer and setback regulations required by Section 21670.05, SPa 35 PLAN/STAFFREP/PC1200812008076-ZO-Annual-Summary-PC.doo IF YOU WISH TO SEE SPECIFIC TEXT CONTACT Senior Planner Shawn Drill at 763 - 509.5456 April 17, 2009 Mayor Kelli Slavik City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Slavik: 9.2 STEP TO IT Osseo is extremely excited over the Step To It Program being sponsored by Hennepin County Human Services and Public Health Department and the Minnesota Twins. Unfortunately, we were not part of last year's trial program. This year the entire Osseo City Council is ready to walk. The Osseo City Council has adopted the enclosed Resolution challenging the Plymouth City Council to Step To It. We believe the Osseo City Council will walk further and record more steps than the Plymouth City Council during the official four week program. Furthermore, we believe one of our Council members will walk further and record more steps than any member on the Plymouth Council. Is your Council up to the challenge? May 18 is the official start. Good luck! Sincerely, 9hn P.W. Hall Mayor City of Osseo- 415 Central Avenue -Osseo, Minnesota - 55369-1195 -763-425-z6a4 - www.DiscoverUsseo.corn Resolution No. 2009-21 TO IT CHALLENGING NORTHWEST HENNEPIN COUNTY CITY COUNCILS TO STEP TO IT WHEREAS, moderate physical activity such as walking can improve an individual's health and wellbeing; and WHEREAS, a regular walking program can reduce blood cholesterol, lower blood pressure, increase cardiovascular endurance, boost bonc strength, and help manage weight; and WHEREAS, the Hennepin County Human Services and Public Health Department has partnered with the Minnesota Twins organization to promote a regular walking program — Step To It; and WHEREAS, the Osseo City Council fully supports and sponsors the Step To It Program in the community, and is actively involved in walking throughout the city; and WHEREAS, the Osseo City Council wants to promote a healthy, active lifestyle amongst all cities' elected officials; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Osseo, Hennepin County, Minnesota, that the individual City Councils of Brooklyn Park, Brooklyn Center, Hopkins, Golden Valley, Maple Grove, Minnetonka, Hew Hope, Plymouth, Robbinsdale, and St. Louis Park are hereby challenged to walk more steps than the Osseo City Council during the official Step To It Program. BE IT FURTHER RESOLVED the Osseo City Council believes it not only will record the largest number of total steps for the Council as a whole, but will also have a member of the Council record the most steps for any one Council member in any of the participating cities. THE CITY COUNCILS ARE HEREBY CHALLENGED TO STEP TO IT! Moved, seconded, and unanimously approved by the Osseo City Council this 13th day of April, 2009. John F.W. Hall, Mayor drWithers, City Admim or