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City Council Packet 06-22-2010.pdf
RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING JUNE 22, 2010, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allottedfor the Forum. 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 Present CenterPoint Energy's Community Partnership Grant (Jay Hibbard, Area Manager) (Res2010-152) 4.02 Swear in Police Officer Alan Shrode (City Clerk Sandy Engdahl) 4.03 Recognize Office Support Representative Dorothy Aksteter 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. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2010-153) Regular Council Meeting 1 of 2 June 22, 2010 6.03 Approve Conditional Use Permit for adult daycare services at 3431 Highway 169. Community Connections Partnership. (2010037 - 154) 6.04 Award Contract for 36th Avenue Streetscape Improvements (8104 — Res2010- 155) 6.05 (This item was removed from the Consent Agenda and placed under General Business as item No. 8.2) 6.06 Approve payment No. 1 and final for 2010 Crack Repair Program (100 11 — Res2010-156) 6.07 Designate engineer for Well No. 17 project (10024 Res2010-157) 6.08 (This item was removed from the Consent Agenda) 6.09 Approve request of Old Chicago, 3505 Vicksburg Lane, to extend their licensed premises for an outdoor event on June 30 (Res2010-158) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.1 Consider Site Plan Amendment for a parking/drive aisle addition at Birchview Elementary School. Inspec, Inc. (2010023 — Res2010-159, Res2010-160) Approved) 8.2 Consider Variance for a patio in a rear -yard setback. Steve and Roberta Dahl. 2010036) (Tabled to July 13) 8.2 Approve plans and specifications for South Shore Drive Rehabilitation Project 10002 — Res2010-161, Res2010-162) (Previously item No. 6.05) (Approved) 9. REPORTS AND STAFF RECOMMENDATIONS 10. ADJOURNMENT (8:17 p.m.) Regular Council Meeting 2 of 2 June 22, 2010 city of Agenda Plymouth Number: To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Richard C. Kline, Fire Chief June 22, 2010 Reviewed by: Item: CenterPoint Energy Grant 1. ACTION REQUESTED: 4.01 Approve the attached resolution accepting the CenterPoint Energy Community Partnership Grant donation of an $800 to be used towards the purchase of fire department notification pagers. 2. BACKGROUND: The fire department has been award a grant through the CenterPoint Energy Community Partnership program to assist with the purchase of fire department notification pagers. Annually, CenterPoint Energy has awarded grants to cities served by the company through the Community Partnership Grant Program. This grant program focuses upon safety equipment and/or special projects nominated by participant cities. 3. BUDGET IMPACT: The 2010 fire department budget will assume the $800 grant match to purchase the fire department notification pagers. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION N0. 2010 - ACCEPTANCE OF A GRANT FROM THE CENTERPOINT ENERGY COMPANY TO THE CITY OF PLYMOUTH FIRE DEPARTMENT WHEREAS, the CenterPoint Energy Company awards grants to local cities through their Community Partnership Grant Program; and WHEREAS, the Plymouth Fire Department has applied for and has received a grant amount of $800 through the CenterPoint Energy Community Partnership Grant Program; and WHEREAS, the City of Plymouth Fire Department will utilize the grant funds to purchase fire department notification pagers; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the grant from the CenterPoint Energy Company is accepted. Grant funds to be utilized to purchase fire department notification pagers. Approved this 22nd day of June, 2010. Page 2 6.01 Proposed Minutes Regular Council Meeting June 8, 2010 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on June 8, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Bildsoe, Johnson, Black, and Stein. ABSENT: Councilmember Willis. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank, Fire Deputy Chief Dreelan, Community Development Director Juetten, Police Chief Goldstein, Public Works Director Cote, Communications Manager LaFave, Information Technology Manager Anderson, and Deputy City Clerk Tiegs-Roussell. Plymouth Forum Dave Burkett, 2430 Black Oak Lane, thanked the fire and police departments for their quick response to a recent lightning strike to his home. Presentations and Public Information Announcements 4.01) County Commissioner Jeff Johnson County Commissioner Johnson provided an update on Hennepin County's budget, the Hennepin County Medical Center, and the status of the Highway 101 reconstruction. 4.02) 5K Run on June 26 and Music in Plymouth on June 30 Plymouth Civic League members Chris St. Martin discussed this year's Music in Plymouth on June 30. He thanked the City for the monetary contribution and staff's assistance. Mele Willis reported on the 5K run on June 26. Mayor Slavik thanked the Plymouth Civic League for their hard work to present such an excellent community event. 4.03) City's New Website Communications Manager LaFave and Information Technology Manager Anderson Proposed Minutes 1 of 7 Regular Meeting of June 8, 2010 presented a preview of the new City website that was officially launched on June 3. They explained the new website was developed to visually showcase the community, provide easier navigation, and accommodate the different types of users. Mobile devices can be used to access the site using a slightly different format to accommodate different devices. Social media interaction using Facebook, MySpace and, Twitter are also ways to share information about the City. The program Content Management System (CMS) allows staff to create and maintain the content of the information presented on the website eliminating the need for an extra employee to maintain the site. Also, hardware efficiencies will lower the costs of the website. They thanked the Council and members of staff for their support with this project. Approval of Agenda Mayor Slavik added approval of Final Plat for "Fretham Sixth Addition" for Two Single -Family Lots for Property located at 1900 East Medicine Lake Boulevard (2006121-F) as item No. 6.07 under the Consent Agenda. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to approve the amended a-egnda. With all members voting in favor motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Black, to adopt the amended Consent Agenda that included the followingitems: tems: 6.01) Approval of Special and Regular Meeting minutes of May 25. 6.02) Resolution Approving Disbursements ending May 29, 2010 (Res2010-146). 6.03) Approval of request for out of area travel for Councilmembers Johnson and Willis. 6.04) Resolution Approving Payment No. 9 and Final for Well No. 16 Pumping Facility (7114 — Res2010-147). 6.05) Acceptance of Risk Management Plan. 6.06) Resolution Authorizing an Expenditure from the resource planning fund for police equipment (Res2010-148). 6.07) Resolution Approving a Final Plat for "Fretham Sixth Addition" for Two Single -Family Lots for Property located at 1900 East Medicine Lake Boulevard (2006121-F — Res2010-149). Proposed Minutes 2 of 7 Regular Meeting of June 8, 2010 Public Hearings There were no public hearings. General Business 8.1) Direction on Possible Acceptance of a Donation for Outlot A, Heritage Wood Estates Addition Community Development Director Juetten reported on a request to gift the Heritage Woods Estates (HWE) Second Addition Outlot A to the City. Staff was directed to review and consider the possible acceptance of a donation with or without restrictions, in exchange for individual gift letters for tax purposes to each Heritage Woods Estates Second Addition homeowner. The 3.07 acres was planned in 1988 to create open space because 56 of the 61 lots in the addition contained less than 18,500 square feet. Due to a new zoning ordinance in 1996, most of the PUDs in the City were rezoned to conventional zoning districts including Heritage Woods Estates 2nd Addition. The rezoning currently allows single-family lots with a minimum of 12,500 square feet. The neighborhood concern is the possible development of the open space. The Heritage Woods Estates Homeowners Association (HOA) would like the area to remain open space. Currently the HOA maintains the land, which is valued at $23,000, and has a small trail and pad area for a tot lot. A list of proposed restrictions included no parking or storing of equipment even in the event of construction, no materials or vehicles could stage on the property and no structures can be built at the site. The City would be required to take on the property maintenance. This is a neighborhood area and not conducive as a citywide park area. Staff recommends not proceeding with the deed because it is of no value to the City in relation to the Comprehensive Improvement Plan and development of the City park system. Councilmember Bildsoe inquired about staging equipment during future construction. Public Works Director Cote responded in some instances the parcel could be useful for construction storage. However, one of the listed restrictions is absolutely no storage on the parcel should the City take it over. The HOA restrictions were developed to accommodate the residents' desires, and they stand firm. He stated that currently, the City is reviewing parcels that are City owned to determine why the City has ownership, and if they are relative to the CIP. Steve Tellers, 5620 Vinewood Lane North, member and President of the HOA, spoke to the Council to promote the gifting of the property. He thanked Community Development Director Juetten and Councilmember Black for all their efforts in exploring the option to keep the parcel as open space. Mayor Slavik and Councilmembers Bildsoe and Stein expressed concerns that gifting of property designed as an amenity for the homeowners in the development could set a precedence. Open space does add value to the surrounding properties that are maintained by the HOA. There are no real estate taxes assessed to the parcel which leaves only the weed and grass maintenance. Proposed Minutes 3 of 7 Regular Meeting of June 8, 2010 Councilmember Johnson cautioned and Councilmember Bildsoe agreed, that as owners of the property, the HOA controls the destiny. The HOA should ponder the repercussions of gifting and the theoretical debate of allowing outsiders to enjoy the area. Councilmember Stein stated that with a little bit of neighborhood effort, prairie grasses and wild flowers could be planted for the residents enjoyment and maintain this as a quiet natural park area. Councilmember Black stated there is value in the parcel, but did agree there will not be the control of happenings once it becomes public. She reminded the Council that the zoning ordinance change is what prompted this issue. Councilmember Johnson agreed that zoning changed, but it doesn't require the people that own the land to develop it. Mayor Slavik and Councilmember Black reiterated that by setting this precedence, there could be other HOA's that desire the City to maintain their open space parcels. Councilmember Bildsoe proposed that HOA revisit the restrictions on the parcel and then discuss this with the Council at a later date. He stated the parcel could be divided among abutting parcels and dissolve the HOA. He requested that Mr. Tellers contact Community Development Director Juetten in the event this issue comes forward again. Mayor Slavik thanked Mr. Tellers and stated that she hoped this could work, but staff identified that it was not a prime piece of open space and beneficial to the park system. 8.2) PUD Amendment for Community Family and Children Center at 1605 County Road 101 (2010032) Community Development Director Juetten reported on the request by Interfaith Outreach and Community Partners (IOCP) for a PUD General Plan Amendment at 1605 County Road 101 to relocate the services. He stated the facility would provide an area for food, clothing, and furniture sales. To operate in such a manner, an amendment is required. The Planning Commission reviewed the application request. Several building improvements needed which are minor cosmetics, adding new wall signs, parking lot improvement to remove weeds and sealing cracks, additional light on building and shields on residential side to reduce glare to the west of the building. Lights should be turned off on north side at 10:00 p.m. or when facility closes which ever is earlier. Landscaping will help screen the parking lot. The trash area on SW portion of the property needs to be an enclosed area to house the dumpster. The hours of operation are Monday through Friday 8 a.m. to 8 p.m. Saturday 10:00 a.m. to 7:00 p.m. and Sunday 10:00 a.m. to 5:00 p.m. The Planning Commission's concerns were the drop off of used items, the control traffic flow, and how to prevent drop-offs from accumulating when not open. IOCP has held meetings with the area residents. The residents' comments and emails are recommending approval of the request. Steve Boll, representing the applicant, stated the IOCP has been in operation for 30 years. They have outgrown the Wayzata space and the proposed location will improve services and grow to Proposed Minutes 4 of 7 Regular Meeting of June 8, 2010 meet community needs. They met with the area residents in the planning process and alleviated their concerns. Bob Burns, 18410 29th Avenue North, stated he is a supporter and volunteer of this facility. This would be a great enhancement for the community and the work that the IOCP does. LaDonna Hoy, 146 Ridgeview Drive, Wayzata, stated that IOCP began as a church sponsored outreach project, which grew with partners in the community. This helps families get into the mainstream by assisting with housing, transportation and employment. Because of the outreach growth, the proposed location would be a wonderful option and will help to make a lasting change for families in crisis. Community Development Director Juetten noted that a revised resolution proposed by Councilmember Willis that included language regarding a fitness facility was provided to the Council this evening. Motion was made by Councilmember Black, and seconded by Councilmember Stein, to adopt a Resolution Approving a PUD Amendment to Allow Additional Uses for Property Located at 1605 County Road 101 (2010032 — Res2010-151.) — the original Resolution included in the packet materials. Councilmember Johnson requested clarification with spelling out IOCP and leave in language of sports facility. Councilmember Bildsoe questioned the proposal regarding Hennepin County staff using the facility. Mr. Boll stated different organizations work with the IOCP, several provide pro Bono services, and Hennepin County would be providing administrative services. Councilmember Bildsoe asked if there are cameras proposed for the outside area. Mr. Boll replied cameras would be considered as well as what the traffic impact would be. The food clients are the same as the Wayzata location which currently is approximately 100 people per week. The recycle shop will create traffic, but use will still be considerably less than a grocery store. The drop-off site person in charge has been able to put together a spreadsheet that explains and resolves issues of traffic flow and procedure. The Council requested that IOCP provides an operational report to them by September 2010, which would address limited hours for drop off and purchasing. Councilmember Johnson stated previous PUD plans were not authorized until the final plat application was submitted and questioned if staff is concerned in not having all the information up front. Mr. Boss stated they are looking for approval of uses. IOCP intends that this be a positive change for the area with a facility that looks well, functions well, and is a positive attribute to the area. Proposed Minutes 5 of 7 Regular Meeting of June 8, 2010 Councilmember Murdock stated that following the Planning Commission meeting, IOCP has addressed resident concerns. She stated this is a good concept, and she supports the resolution. Mayor Slavik does not want drop-offs accepted without staff present and no outdoor storage of items. She requested adding a condition to the resolution that the times for clothing and food sales are prohibited between the hours of 10 p.m. and 7 a.m. Councilmember Johnson also spoke to the issue of outside sales and fundraisers to confirm that this is permitted under the current zoning. Councilmember Bildsoe and Community Development Director Juetten stated that this is covered in the zoning. Motion was made by Mayor Slavik, and seconded by Councilmember Bildsoe, to amend the main motion to also adopt an Ordinance Amending Chapter 21 of the City Code to Amend the Gold's Gym PUD for Property located at 1605 County Road 101 (2010032 — Ord2010-06,) with the addition of Subd. 5 to state "distribution or sale of food, clothing, furniture and other items and delivery or dropping off food, clothing, furniture, and other items is prohibited between the hours of 10 p.m. and 8 a.m.," and a Resolution ApprovingFindingsindings of Fact for Amending the Zoning Ordinance Text for the Gold's Gym PUD to allow Additional Uses into the PUD, for Property located at 1605 County Road 101 (2010032 — Res2010-150). Councilmembers Black and Johnson stated the hours of operation will not impact traffic congestion in comparison to the previous business and the time limitations should not be stated in the resolution. Mayor Slavik added she doesn't want traffic congestion to become an issue considering the elementary school is located across the street. The area is very busy in the morning hours. The Council voted on the amendment, and with Bildsoe, Johnson, Stein, and Slavik voting yes, and Black and Murdock no, the motion carried. The Council voted on the amended main motion and with all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Appointment to Shingle Creek Watershed Management Commission Motion was made by Councilmember Black, and seconded by Councilmember Stein, to appoint Andy Polzin as the Alternate Director on the Shingle Creek Watershed Management Commission for a term to expire January 31, 2011. With all members voting in favor, the motion carried. Closed Executive Session Mayor Slavik adjourned the Regular Meeting at 9:50 p.m. and went into Executive Session at 9:55 p.m. in the Medicine Lake Room to discuss litigation. All Councilmembers were present with the exception of Councilmember Willis. City Attorney Knutson, City Manager Ahrens, and Proposed Minutes 6 of 7 Regular Meeting of June 8, 2010 Deputy City Clerk Tiegs-Roussell were also present. The Executive Session was adjourned at 10:00 P.M. Reconvene Regular Meeting The Regular Meeting was reconvened at 10:01 p.m. to act on the recommendation of City Attorney Knutson to settle the Stipulation of Settlement with M. Wallace Charles and Vivian D. Charles, Court File No. 27 -CV -10-7348. Motion was made by Mayor Slavik, and seconded by Councilmember Johnson, to authorize the City Attorney to sign and accept the Stipulation of Settlement with M. Wallace Charles and Vivian D. Charles, Court File No. 27 -CV -10-7348. With all members voting in favor, the motion carried. Adiournment Mayor Slavik adjourned the meeting at 10:03 p.m. Diane Tiegs-Roussell, Deputy City Clerk Proposed Minutes 7 of 7 Regular Meeting of June 8, 2010 City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING June 22, 2010 Agenda 6.02Number: 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 June 12, 2010 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending June 12, 2010. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending June 12, 2010. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 6.12.10/Council meeting 6.22.10 FUND 100 General Fund 307,919.29 200 Recreation Fund 7,648.11 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 4,156.56 204 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 11,406.40 254 HRA Section 8 Fund 356.00 254 HAP Check Summary 245,884.58 258 HRA General Fund 93.00 301 2003D Open Space Refunding 0.00 302 2003B GO Street Reconstruction 0.00 305 2004A GO Public Safety 0.00 308 2005A TIF #1-1 0.00 400 General Capital Projects Fund 74,940.75 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 0.00 406 Infrasturcture Replacement Fund 0.00 407 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 9,085.41 414 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 18,286.61 421 Enterprise -Other Construction 0.00 998 TIF # 7-2 O.S. (Const) 0.00 998 TIF # 7-3 P.O.S. (Const) 0.00 422 TIF #74 P.T.P (Const) 190.00 423 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 59,498.55 510 Water Resources Fund 8,530.80 520 Sewer Fund 404,793.82 530 Solid Waste Management Fund 2,025.06 540 Ice Center Fund 26,997.05 550 Field House Fund 2,686.58 600 Central Equipment Fund 44,116.18 610 Public Facilities Fund 24,476.29 620 Information Technology Fund 33,842.12 630 Risk Management Fund 350,194.00 640 Employee Benefits Fund 86,648.17 650 Design Engineering 0.00 660 Resource Planning 45,240.58 850 Senior Housing Bond Trustee 0.00 0.00 Total Invoice Expense Distribution: 1,769,015.91 Page 2 ma! City of Plymouth Check Payment Register 05/30/2010 to 06/12/2010 Check EFT Date Paid: 06/01/2010 US Bank / Visa Inv. 100517 05/17/2010 4.16/5.17.10 Visa Charges Check EFT Date Paid: 06/07/2010 1 C M A Inv. 2010-00000136 06/07/2010 ICMA - ICMA Deferred Comp Check EFT Date Paid:06/07/2010 ING Inv. 2010-00000137 06/07/2010 ING - ING Deferred Comp Check EFT Date Paid:06/07/2010 Selectaccount Inv. 2010-00000145 06/07/2010 VEBA CONTR - VEBA Contribution* Check 111456 Date Paid:06/04/2010 Inv. 13807 06/01/2010 Check 111457 Date Paid:06/04/2010 Inv.569532 05/21/2010 Inv.569534 05/19/2010 Inv.571746 05/12/2010 Inv.571748 05/21/2010 Check 111458 Date Paid:06/04/2010 Inv.33634 04/26/2010 Check 111459 Date Paid:06/04/2010 Inv. 18179 05/13/2010 Check 111460 Date Paid:06/04/2010 Inv. 5025 05/12/2010 Check 111461 Date Paid:06/04/2010 Inv. 100510 05/10/2010 10,000 Lakes Chapter Joe Ryan 7.14/7.16.10 Ruttgers Sugar lake lodge registr Adam's Pest Control, Inc. May'10 PCC Pest Control Apr'Jun'10 CC Pest Control Apr-Jun'10 FS1 Pest Control Apr-Jun'10 FS 3 Pest Control AIM Electronics Inc Radio Interspace Applied Graphics Associates Inc 1,000 Coloring books Astro Engineering and Manufacturing Inc Shear & form 3pcs for dump truck Baldy Sanitation Inc May'10 Fire123 Rubbish Removal Check 111462 Date Paid:06/04/2010 Ban-Koe Systems Inc Inv. 57638 05/21/2010 PCC rplc pwr sply in control panel/mapped syst,6.4amp power supp Check 111463 Date Paid: 06/04/2010 Bertelson Total Office Solutions Inv. OE2263641 05/11/2010 4-4gb memory cards Inv. WO6214991 05/12/2010 Slimline wireless antimicrobial multimedia Inv. WO6216691 05/12/2010 2 -Acclaim folded paper towels Check 111464 Date Paid: 06/04/2010 Bioverse Inc Inv. 41571 05/14/2010 3 Biodegradable AquaSphere formula,3 reflections packets Check 111465 Date Paid: 06/04/2010 Bonestroo Inc Inv. 178350 05/06/2010 1.1.10/4.17.10 Well consulting Check 111466 Date Paid: 06/04/2010 Cadd/Engineering Supply Inc Inv. 239947 05/13/2010 2-241b coated bond Check 111467 Date Paid: 06/04/2010 CDW Government Inc Inv. SQF6421 05/12/2010 5 Panasonic laptop ugrades Inv. SQK2375 05/12/2010 3 Liebert Nfinity battery module Page 1 of 18 Amount: $5,982.79 5,982.79 Amount: $39,737.78 39,737.78 Amount: $4,123.50 4,123.50 Amount: $24,818.45 24,818.45 Amount: $90.00 90.00 Amount: $492.12 74.81 242.03 80.16 95.12 Amount: 1,111.50 1,111.50 Amount: 449.06 449.06 Amount: 95.00 95.00 Amount: 285.30 285.30 Amount: 1,404.34 1,404.34 Amount: $307.72 115.38 106.86 85.48 Amount: $224.44 224.44 Amount: $1,532.50 1,532.50 Amount: $101.37 101.37 Amount: $9,671.84 8,039.07 1,632.77 Page 3 6/14/2010 Check 111468 Date Paid: 06/04/2010 City of Maple Grove Inv. 12117 05/12/2010 Apr'10 Dog Impounds Check 111469 Date Paid: 06/04/2010 Alan Clark Inv. 100519 05/19/2010 2010 Beach dive/scuba and walk thru for sunken debris Check 111470 Date Paid: 06/04/2010 Comcast Inv. 100524 05/24/2010 Jun'10 PW dataline Check 111471 Date Paid: 06/04/2010 Commercial Asphalt Co. Inv. 100531 05/31/2010 5.17/5.28.10 203.89ton 42A,41A wear Check 111472 Date Paid: 06/04/2010 Construction Midwest Inc Inv. 450203 05/13/2010 Stabilization fabric woven type 5 Check 111473 Date Paid: 06/04/2010 Inv. 1139 05/14/2010 Check 111474 Date Paid: 06/04/2010 Inv.6472439 05/14/2010 Check 111475 Date Paid: 06/04/2010 Inv. 01596701 05/11/2010 Check 111476 Date Paid: 0610412010 Inv.8270063210 05/12/2010 Inv.8270063310 05/12/2010 Inv. C8270002510 03/31/2010 Inv. C8270002610 03/31/2010 Custom Valve Nut Replacement replacement of two valve nuts Dakota Supply Group Inc 108 var size gaskets Discount Steel Inc 21 -Surplus hr 12/9 -surplus exp 12 DPC Industries Inc CWP 4568lbs Hydrofluor CWP 5015lbs Hydrofluor Cr inv 8270001710 overchrg Hydro Cr inv 8270001610&8270013810 overchrg Hydro Amount: $450.00 450.00 Amount: $137.50 137.50 Amount: $59.95 59.95 Amount: $10,861.83 10,861.83 Amount: $596.36 596.36 Amount: $1,913.06 1,913.06 Amount: $163.52 163.52 Amount: $41.68 41.68 Amount: $3,985.43 1,931.81 2,120.84 20.65) 46.57) Check 111477 Date Paid: 06/04/2010 Earl F. Andersen Inc. Amount: $1,120.91 Inv. 0091255IN 05/10/2010 4-30x30 ped xing/4-degree down $615.57 arrow/stainless steel banding Inv. 0091261 IN 05/10/2010 12-brac its stainless steel/5-tubular post/10-all $505.34 way sign/6-obj Check 111478 Date Paid: 06/04/2010 Michael A Echols Amount: $137.50 Inv. 100519 05/19/2010 2010 Beach dive/scuba&walk thru for sunken $137.50 debris Check 111479 Date Paid: 06/04/2010 Ehlers & Associates Inc Inv. 341383 05/10/2010 4.26.10 7-4 TIF financial mgmnt plan Check 111480 Date Paid: 06/04/2010 Embedded Systems Inc. Inv. 32463 05/14/2010 Jul-Dec'10 11 Siren maintenance Check 111481 Date Paid: 06/04/2010 ESS Brothers & Sons Inc Inv. MM6676 05/11/2010 38 Ductile adj rings, 12 super glue Inv. MM6695 05/11/2010 Catch basin grate Inv. NN1005 05/25/2010 5 Ductile ring Check 111482 Date Paid: 06/04/2010 Inv.13355414 05/13/2010 Inv.13356786 05/14/2010 Inv. 70011111 05/11/2010 Inv.70011118 05/11/2010 Inv.70011153 05/11/2010 Inv.70011305 05/12/2010 Factory Motor Parts Co Pad kit Pad kit 2-R 04-03 Ford crown victo Oil seal 2pv Ceramic pads/pro batt pp54 battery core Amount: $190.00 190.00 Amount: $2,504.70 2,504.70 Amount: $4,739.92 3,980.03 225.51 534.38 Amount: $395.19 79.82 79.82 49.55 2.36 149.64 10.50) Page 4 Page 1 of 18 6/14/2010 Inv. 70011347 05/13/2010 Ca gas to 9.15 Inv. 70011388 05/13/2010 Oil filter 14.34 Inv. 70011569 05/14/2010 Filter element 21.01 Check 111483 Date Paid:06/04/2010 Ferguson Enterprises Inc Amount: $1,013.26 Inv. S01243727001 05/12/2010 5 3/4 x 1 ball corp 199.54 Inv. S01249017001 05/10/2010 12 MJ Meg Lug for pvc,12 MJ pr rubber gskt 343.54 Inv. S01249017002 05/13/2010 2-mj sleeve fusion bond 470.18 Check 111484 Date Paid:06/04/2010 Fidelity Building Services Inc Amount: $8,827.88 Inv. 0056641 IN 05/01/2010 May'10 Janitorial 8,560.69 Inv. 00566421N 05/01/2010 May'10 PD Sunday cleaning 267.19 Check 111485 Date Paid:06/04/2010 Inv. 1006392981 05/14/2010 Check 111486 Date Paid: 0610412010 Inv.48695 05/09/2010 Check 111487 Date Paid: 06/04/2010 Inv.00579762 05/19/2010 Check 111488 Date Paid: 06104/2010 Inv.9248996887 05/10/2010 Inv.9250384469 05/12/2010 Inv.9250957892 05/12/2010 Inv.9250957900 05/12/2010 Inv. 9251406121 05/12/2010 Inv.9251541877 05/13/2010 Inv.9251541885 05/13/2010 Inv.9251554516 05/13/2010 Inv.9252260576 05/13/2010 Inv. 9252935391 05/14/2010 Check 111489 Date Paid: 06/04/2010 Inv.21098800 05/11/2010 Check 111490 Date Paid: 06/04/2010 Inv. 6604 05/13/2010 Check 111491 Date Paid: 06/04/2010 Inv.100526 05/26/2010 Check 111492 Date Paid: 06/04/2010 Inv. 100513 05/28/2010 G&K Services Inc Public Works Uniform Rental Amount: $346.29 346.29 Gallagher Benefit Services Inc Amount: $250.00 5.21.10 Webinar DBM Refresher training $250.00 Governmental Accounting Standards Board/GASB Amount:$97.00 GASB Comprehensive imp guide as of 6.30.09 $97.00 Grainger Axial fan 11/16 10 -cable ties Flag glo lime pk100 Ear plug pk 200 6 -Marking flag 21 in Blank tag Chain lint ties Street elbow 90 deg 36-lamps/10-lamps 26w Sprayer shut off/dry film lube Grove Nursery Inc 2010 Tree sale bare root stock/resale Gym Works Inc FS2 exercise equip routine maint Bill Handsaker 5.26.10 Armschair travel speaker Dean C Hansen 4.26/5.13.10 EQFair Wetbugs Check 111493 Date Paid: 06/04/2010 Hawkins Water Treatment Inv. 3117542RI 05/11/2010 CWP 658.1227gl LPC -9L Inv. 3118407RI 05/13/2010 ZWP 329.0614gl LPC-91- PC-9LInv. Inv.3118408RI 05/13/2010 CWP 706.7690gl LPC-91- PC-9LInv. Inv.3118685RI 05/13/2010 ZWP 4822gl Azone 15 Check 111494 Date Paid:06/04/2010 Inv. 151834 05/05/2010 Check 111495 Date Paid:06104/2010 Inv.1318959 05/13/2010 Check 111496 Date Paid:06/04/2010 Inv. 376286001 05/10/2010 Page 1 of 18 Hawkins, Ash,Baptie & Co. LLP May'10 Section 8 Acctg services HD Supply Waterworks LTD 2' mip x 2 1/2 nst Highway Technologies Inc CR 6& Dunkirk road sign delivery Amount: $744.82 33.05 405.91 10.97 55.79 45.34 32.66 20.56 8.17 84.62 47.75 Amount: $20,803.75 20,803.75 Amount: $205.94 205.94 Amount: $100.00 100.00 Amount: $845.00 845.00 Amount: $12,673.87 3,633.59 1,806.55 3,900.66 3,333.07 Amount: $235.00 235.00 Amount: $63.06 63.06 Amount: $53.44 53.44 Page 5 6/14/2010 Check 111497 Date Paid: 06/04/2010 Kristina Holtmeyer Inv. 100524 05/24/2010 Teen Photography to Canvas Class Check 111498 Date Paid: 06/04/2010 HP - equipment Inv. 47608613 05/12/2010 30 Desktop upgrades Check 111499 Date Paid: 06/04/2010 Hunt Electric Corporation Inv. 115309 05/24/2010 IC install 3 exterior wall lights Check 111500 Date Paid:06/04/2010 Itron Inc Inv. 143058 05/12/2010 Jun-Aug'10 G5 Radio hndhld,Dock, GSPOD,Raptor, MVRS sftwr Check 111501 Date Paid:06/04/2010 K&S Engraving Inv. 2507 05/26/2010 Circle tag/key ring Check 111502 Date Paid:06/04/2010 Inv.34077 05/03/2010 Check 111503 Date Paid:06/04/2010 Inv.18566 05/01/2010 Check 111504 Date Paid:06/04/2010 Inv. 42387A 02/10/2010 Check 111505 Date Paid:06/04/2010 Inv.00164876SNV 05/12/2010 Check 111506 Date Paid:06/04/2010 Inv.123652 05/12/2010 Check 111507 Date Paid:06/04/2010 Inv.0000930249 05/05/2010 Check 111508 Date Paid:06/04/2010 Inv. 241016 05/12/2010 League of MN Cities Ins Trust 4.1.10/4.1.11 Municipality CMC 31760 Lyndale Plant Services May'10 Plant leasing/PO 2010.469 McKinstry Essention Inc Stimulus Funding for various projects MES Inc 3 -Survivor battery Metro Athletic Supply Inc 48 Soccer goal anchors Metropolitan Council Jun'10 Wastewater service Minnesota Glove & Safety Inc Safety Vests and Gloves Check 111509 Date Paid:06/04/2010 MN NCPERS Life Insurance Inv. 6956310 02/23/2010 Mar'10 Life Insurance Inv. 6956410 03/23/2010 Apr'10 Life Insurance Inv. 6956510 04/23/2010 May'10 Life Insurance Check 111510 Date Paid:06104/2010 Mrs. Louise Smith Inv. 100525 05/25/2010 Reimb faulty CO detector Amount: $75.00 75.00 Amount: $17,313.75 17,313.75 Amount: $2,450.00 2,450.00 Amount: $1,135.37 1,135.37 Amount: 5.88 5.88 Amount: Amount: 350,194.00 350,194.00 165.82 Amount: 160.31 160.31 Nardini Fire Equipment Co Inc Amount: 45,884.96 45,884.96 04/09/2010 Amount: 115.16 115.16 Inv. 365976 Amount: 920.84 920.84 Amount: 393,824.96 393,824.96 114.95 Amount: 498.04 498.04 2010 Hwy 55 park ramp fire exting inspec Amount: $4,827.00 1,593.00 1,609.00 1,625.00 Amount: $34.00 34.00 Check 111511 Date Paid: 06/04/2010 MTI Distributing Inc Amount: 165.82 Inv. 72821700 05/10/2010 Switch transport/cap reservoir 165.82 Check 111512 Date Paid:06/04/2010 Nardini Fire Equipment Co Inc Amount: 562.82 Inv. 365472 04/09/2010 2010 PCC fire extinguisher inspection 263.96 Inv. 365976 04/19/2010 2010 ZWP fire extinquisher inspec 155.43 Inv. 365977 04/19/2010 2010 FS 2 Fire extinguisher inspection 114.95 Inv. 366448 04/27/2010 2010 Hwy 55 park ramp fire exting inspec 28.48 Check 111513 Date Paid:06/04/2010 Robert Nesbitt Amount: 3,579.70 Inv. NC222010 05/24/2010 5.19/5.24.10 335 MNJAC mugs,display 3,039.64 panels,computer bag,coffee m Inv. NC232010 05/31/2010 5.27/5.31.10 3 proj screens,carry 540.06 case, DVDs, CDs,cases, mouse Check 111514 Date Paid:06/04/2010 North Country Concrete Inc Amount: 1,534.50 Inv. 10143 05/01/2010 Curb repairs 1,534.50 Page 6 Page 1 of 18 6/14/2010 Check 111515 Date Paid: 06/04/2010 Northern Safety Technology Inv. 24165 05/12/2010 Unit 2006 LED light bar Amount: $435.77 435.77 Check 111516 Date Paid: 06/04/2010 Northern Tool/HSBC Business Solutions Amount: $347.31 Inv. 0191017002 05/11/2010 Allum gul wing /drie socket/drie std socket $347.31 Check 111517 Date Paid: 06104/2010 Northland Chemical Corp Inv. 5031061 05/12/2010 PM glass/mirror clnr, 4 Ztrigger Check 111518 Date Paid:06/04/2010 Inv. 518574295001 05/10/2010 Inv. 518707064001 05/11/2010 Inv. 518801337001 05/12/2010 Inv. 518802387001 05/12/2010 Inv. 518803252001 05/12/2010 Inv. 51903442701 05/13/2010 Inv. 519037994001 05/13/2010 Inv. 519038494001 05/13/2010 Inv. 519144104001 05/14/2010 Inv. 519201224001 05/14/2010 Check 111519 Date Paid:06/04/2010 Inv.8400252 05/15/2010 Office Depot Desk stapler/4-ring binder Pens/tape/staples/t-pins/od notes/clip bndrs 1dz pens/white index/perm mrkr 1 bx folders/1 dz flair pens 5 -USB drive 2bx-Ltr folder Ltr folder/Isr labels/Itr folder Steno pad/clip hldr/correction tape/clipboard Copier index/security envelope Lsr labels/name badge OnTrac 5.3/5.10.10 Courier services Amount: $67.89 67.89 Amount: $542.15 17.73 79.04 26.25 67.88 176.29 10.24 45.06 24.93 67.40 27.33 Amount: $38.85 38.85 Check 111520 Date Paid: 06/04/2010 Owens Companies Inc Amount: $2,351.30 Inv. 34453 05/13/2010 Hwy 55 underground wiring air h andling unit 2 $2,351.30 Check 111521 Date Paid:06/04/2010 Pilates MN Inv. 100510 05/25/2010 4.5/5.10.10 Pilates reformer instr Check 111522 Date Paid:06/04/2010 Plymouth Automotive Inc. Inv. 100526 05/26/2010 '04 Honda Civic tow Check 111523 Date Paid:06104/2010 Inv.0010900 05/11/2010 Check 111524 Date Paid:06/04/2010 Inv.51914430510 05/01/2010 Check 111525 Date Paid: 06/04/2010 Inv. 2498 06/01/2010 Check 111526 Date Paid: 06/04/2010 Inv. M030074563 05/12/2010 Check 111527 Date Paid: 06/04/2010 Inv.7151286870 05/13/2010 Check 111528 Date Paid: 06/04/2010 Inv.57114 05/13/2010 Prairie Restorations Inc 4.30.10 Activity Cntr mow in new planting Qwest May'10 519.1443 Olson/Investigation Recycling Association of MN 4 Plastic pop bottle recycle bin w/sign Royal Tire Inc Unit 221 4 recap tires Schindler Elevator Corp 4.27. 10 PS elev #3 stuck SourceOne Graphics Inc 4 -engraved 8x8 vinyl/2-burgundy plate Check 111529 Date Paid: 06/04/2010 Sprint Inv. 568612126091 05/18/2010 4.15/5.14.10 168 Cellular phones Inv. 653318813030 05/18/2010 4.15/5.14.10 Vol ler 238.1454 Check 111530 Date Paid: 06/04/2010 Standard Truck Parts & Service Inv. 336057 05/11/2010 2 -spring pins Amount: 648.00 648.00 Amount: 156.19 156.19 Amount: 158.09 158.09 Amount: 99.69 99.69 Amount: 448.88 448.88 Amount: 732.48 732.48 Amount: 919.92 919.92 Amount: 17.10 17.10 Amount: $5,817.17 5,764.73 52.44 Amount: $138.60 138.60 Check 111531 Date Paid: 06/04/2010 Strategos International LLC Amount: $2,475.00 Inv. 101015 06/01/2010 5 Registr/1 free 10.15/10.17.10 SWAT Ballistic $2,475.00 Shield trng Page 1 of 18 Page 7 6/14/2010 Check 111532 Date Paid: 06/04/2010 Streicher's Inc Amount: $177.93 Inv. 1737539 05/11/2010 2 -name tag 44.46 Inv. 1737540 05/11/2010 2-Badge/4-serving since tab 44.46 Inv. 1738135 05/12/2010 Pants 69.99 Inv. 1738378 05/12/2010 2 -Badge replace one panel/service since tab 19.02 Check 111533 Date Paid: 06/04/2010 Tee's Plus Inv. 326021 05/13/2010 745 DARE T -Shirts Amount: $4,385.75 4,385.75 Check 111534 Date Paid: 06/04/2010 ThyssenKrupp Elevator Amount: $169.79 Inv. 505642 05/31/2010 May'10 PS Elevator Maintenance 169.79 Check 111535 Date Paid: 06/04/2010 Total Control Systems Inc Amount: $480.94 Inv. 5240 05/14/2010 300' of 12 strand single mode fiber optic cable 480.94 Check 111536 Date Paid: 06/04/2010 Traffic Marking Services Inc Inv. 4638 05/11/2010 Centerline,edgeline striping,Stop bar,cross walk,arrows Inv. 4641 05/12/2010 2010 Pavement marking Check 111537 Date Paid: 06/04/2010 Tri -K Services Inv. 3990 06/01/2010 5.3/5.28.10 60yds pulv topsoil Check 111538 Date Paid: 06/04/2010 Inv. 915392 05/10/2010 Check 111539 Date Paid: 06/04/2010 Inv. T0320490E 05/19/2010 Check 111540 Date Paid: 06/04/2010 Inv.203545 05/12/2010 Trugreen Chemlawn May'10 Reserve fertilize/weed control USA Mobility Wireless Inc 5.22/6.21.10 RAD pager rentals Village Chevrolet Co. Glow plug Check 111541 Date Paid: 06/04/2010 W D Larson Companies LTD Inc Inv. F201240064 05/04/2010 Filters/brake chambers Inv. F201340049 05/14/2010 Various filters Check 111542 Date Paid: 06/04/2010 Inv. 1882 05/21/2010 Check 111543 Date Paid: 06/04/2010 Inv.639494 05/24/2010 Water Conservation Services Inc 5.5/5.17.10 Leak locates Westside Wholesale Tire Inc. 2 new Hankook tires Check 111544 Date Paid: 06/04/2010 Windscapes Inv. 6006 05/10/2010 Compost grouting over riprap areas along banks of stream Check 111545 Date Paid: 06/04/2010 Inv. 51509749550510 05/24/2010 Inv.51520312000510 05/14/2010 Inv.51552709980510 05/11/2010 Inv.51593725790510 05/11/2010 Inv.51671079400510 05/24/2010 Inv.51685621580510 05/11/2010 Xcel Energy 4.14/5.18.10 Playfields 3.30/5.2.10 11 Lift Stations 4.11/5.10.10 Civil Defense Sirens 3.31/5.2.10 3 Transit Shelters 3.30/5.17.10 FS1,FS2,IC,PW 3.16/5.2.10 Traffic Signals Check 111546 Date Paid:06/04/2010 Yocum Oil Company Inc Inv. 187473 05/10/2010 Test diesel on/off road Inv. 981357 05/11/2010 3507gl Unleaded Fuel Inv. 981385 05/11/2010 5003gl Unleaded Fuel Inv. 981412 05/11/2010 3000gl Diesel Fuel Check 111547 Date Paid:06/04/2010 Zarnoth Brush Works Inc Page 1 of 18 Amount: $26,151.72 23,294.72 2,857.00 Amount: 705.38 705.38 Amount: 196.39 196.39 Amount: 113.59 113.59 Amount: 26.83 26.83 Amount: 244.07 179.06 65.01 Amount: 774.50 774.50 Amount: 634.17 634.17 Amount: 2,945.45 2,945.45 Amount: $36,414.93 6,600.24 3,757.38 35.13 687.30 23,292.85 2,042.03 Amount: $28,034.16 595.00 8,546.21 11,931.15 6,961.80 Amount: $229.25 Page 8 6/14/2010 Inv. 01284951N 05/12/2010 6 front, 6 rear dirt shoes Check 111548 Date Paid: 06/04/2010 Ziegler Inc Inv. PC100093044 05/18/2010 78 Bit as Cutte Check 111549 Date Paid: 06/04/2010 Scott Anderson Inv. 100525 05/25/2010 5.25.10 Caribou coffee/cover user group Check 111550 Date Paid: 06/04/2010 Cynthia Bowman Inv. 100527 05/27/2010 5.27.10 102 Mileage /St Cloud MAAO seminar 229.25 Amount: $644.39 644.39 Amount: $37.55 37.55 Amount: $51.00 51.00 Check 111551 Date Paid: 06/04/2010 Paula Dorn Amount: 121.00 Inv. 100528 05/28/2010 5.25/5.28.10 242 Mileage/Brainerd NAHRO 121.00 conf Check 111552 Date Paid: 06/04/2010 Shawn Grande Amount: 58.95 Inv. 100520 05/20/2010 5.16/5.20.10 Iowa Tactics training 3 meals/gas 58.95 Check 111553 Date Paid: 06/04/2010 Paul Kingsbury Amount: 58.00 Inv. 100527 05/27/2010 5.27.10 116 Mileage StCloud MAAO Conf 58.00 Check 111554 Date Paid: 06/04/2010 Aaron Marsh Amount: 38.88 Inv. 100521 05/21/2010 5.16/5.21.10 Iowa Tactics conf meals 38.88 Check 111555 Date Paid: 06/04/2010 MN Dept of Public Safety Amount: 478.50 Inv. 100526 05/26/2010 05 Jeep Cherokee #397 tax/plate 478.50 Check 111556 Date Paid: 06/04/2010 Michael Vander Linden Amount: 30.00 Inv. 100528 05/28/2010 5.27/5.28.10 60 Mileage StCloud MAAO conf 30.00 Check 111557 Date Paid: 06/04/2010 Buyert, Cassie Amount: 300.00 Inv. Import - 800 06/02/2010 Park and Rec Refund 300.00 Check 111558 Date Paid: 06/04/2010 Cameron, Jacque Amount: 300.00 Inv. Import - 789 06/02/2010 Park and Rec Refund 300.00 Check 111559 Date Paid: 06/04/2010 Corbin, Cecilia Amount: 30.00 Inv. Import - 797 06/02/2010 Park and Rec Refund 30.00 Check 111560 Date Paid: 06/04/2010 Corbin, Cecilia Amount: 300.00 Inv. Import - 798 06/02/2010 Park and Rec Refund 300.00 Check 111561 Date Paid: 06/04/2010 Denault, Joy Amount: 83.00 Inv. Import - 786 06/02/2010 Park and Rec Refund 83.00 Check 111562 Date Paid: 06/04/2010 Erickson, Gerda Amount: 3.50 Inv. Import - 795 06/02/2010 Park and Rec Refund 3.50 Check 111563 Date Paid: 06/04/2010 Fox, Karen Amount: 9.25 Inv. Import - 791 06/02/2010 Park and Rec Refund 9.25 Check 111564 Date Paid: 06/04/2010 Maki, Nancy Amount: 5.00 Inv. Import - 790 06/02/2010 Park and Rec Refund 5.00 Check 111565 Date Paid: 06/04/2010 Miskiw, Kami Amount: 85.00 Inv. Import - 787 06/02/2010 Park and Rec Refund 85.00 Check 111566 Date Paid: 06/04/2010 Palmquist, Joanne Amount: 9.25 Inv. Import - 793 06/02/2010 Park and Rec Refund 9.25 Check 111567 Date Paid: 06104/2010 Robbinsdale Area Schools Amount: 300.00 Inv. Import - 799 06/02/2010 Park and Rec Refund 300.00 Check 111568 Date Paid: 06/04/2010 Schlee, Ione Amount: 3.50 Inv. Import - 788 06/02/2010 Park and Rec Refund 3.50 Page 9 Page 1 of 18 6/14/2010 Check 111569 Date Paid: 06/04/2010 Inv. Import - 794 06/02/2010 Check 111570 Date Paid: 06/04/2010 Inv. Import - 792 06/02/2010 Check 111571 Date Paid: 06104/2010 Inv. Import - 796 06/02/2010 Check 111572 Date Paid:06/08/2010 Inv.100609 06/02/2010 Check 111573 Date Paid: 06/11/2010 Inv.240960 05/07/2010 Inv.241208 05/07/2010 Inv.249140 05/13/2010 Check 111574 Date Paid: 06/11/2010 Inv. 7409 05/20/2010 Check 111575 Date Paid: 06/11/2010 Inv. 33691 05/24/2010 Inv. 33726 06/01/2010 Schultz, Patricia Amount: $3.50 Park and Rec Refund 3.50 Tobin, Joan Amount: $9.25 Park and Rec Refund 9.25 Warner, Rita Mary Amount: $3.50 Park and Rec Refund 3.50 Midland Title & Hollynd Turley $ Hunter Sargent Amount:$11,350.00 4300 Trenton Ln N #216/First Time $11,350.00 Homebuyer loan Acme Tools 3pr Apron chaps Green,black bit,work glove,drill kit 1 Masonry drill bit Action Fleet Inc Tear down of #105 retired squad AIM Electronics Inc 5.21.10 Scoreboard service 5.14.10 Parkers message display service Check 111576 Date Paid: 06/11/2010 Airgas North Central Inv. 105755765 05/17/2010 3cyl oxygen Check 111577 Date Paid:06/11/2010 Allied Waste Services Inv. 0897002178904 05/31/2010 May'10 PM Rubbish Removal Check 111578 Date Paid: 06/11/2010 American Fastener Inv. 00165486 05/18/2010 Misc nuts and bolts Inv. 165486CM 05/20/2010 Return red iron oxide primer Check 111579 Date Paid: 06/11/2010 ATOM Inv. 24933646 05/19/2010 10 Registr/"Pain Behind the Badge" Inv. 25206871 06/02/2010 Janssen, Shrode-"Strategies for the Recorded Interview" Check 111580 Date Paid: 06/11/2010 Batteries Plus Inv. 201294 05/17/2010 Duracell 3V lith for SWAT rifle scopes Inv. 201800 05/25/2010 PW 12V Check 111581 Date Paid: 06/11/2010 Inv.100604 06/04/2010 Check 111582 Date Paid: 06/11/2010 Inv. O E2268071 05/20/2010 Inv. O E2272521 05/21/2010 Check 111583 Date Paid: 06/11/2010 Inv. 178351 05/06/2010 Inv. 178352 Inv. 178354 Inv. 178361 05/06/2010 05/06/2010 05/06/2010 Ronald Bauerly 9935 41st Ave rplce sprnklr head Bertelson Total Office Solutions 24 -Deluxe expandable desk file Deluxe expandable desk file Bonestroo Inc Proj10002 9.6.09/4.17.10 4 Seasons raw watermain Proj10002 9.6.09/4.17.10 4 Seasons well rehab 9.6.09/4.17.10 Well 8 maintenance Proj10002 2.28/4.17.10 SoShore dr bridge Check 111584 Date Paid: 06/11/2010 Boyer Trucks Inv. 448989 05/11/2010 Check and repair loss of coolant Check 111585 Date Paid: 06/11/2010 Braun Intertec Corporation Page 1 of 18 Amount: $524.01 288.53 211.98 23.50 Amount: $261.38 261.38 Amount: $229.50 136.50 93.00 Amount: $217.19 217.19 Amount: $551.42 551.42 Amount: $227.79 281.21 53.42) Amount: $950.00 750.00 200.00 Amount: $166.67 17.06 149.61 Amount: $35.00 35.00 Amount: $270.13 259.32 10.81 Amount: $44,314.00 7,236.37 11,050.24 17,155.39 8,872.00 Amount: $147.31 147.31 Amount: $7,0VaVe 10 6/14/2010 Inv. 319598 05/20/2010 Soil boring West Med lake Check 111586 Date Paid: 06/11/2010 Bryan Rock Products Inc Inv. 100515 05/15/2010 5.11.10 126.99 tons 3/4" w/fines CL 2 Check 111587 Date Paid:06/11/2010 Inv.240250 05/21/2010 Check 111588 Date Paid:06/11/2010 Inv.100430 04/30/2010 Check 111589 Date Paid:06/11/2010 Inv. SRW6499 05/20/2010 Cadd/Engineering Supply Inc Blk/cyan/gray/yellow/matt blk cartridges Campbell Knutson Prof Assoc Apr'10 Attorney services CDW Government Inc 1 SQL SRV Std 7,065.00 Amount: $1,332.77 1,332.77 Amount: $291.72 291.72 Amount: $31,924.79 31,924.79 Amount: $656.90 656.90 Check 111590 Date Paid: 06/11/2010 CenterPoint Energy Amount: $1,023.14 Inv. 602784620510 05/24/2010 4.21/5.20.10 CWP So 1,023.14 Check 111591 Date Paid: 06/11/2010 City of Plymouth/Sewer & Water Amount: $17.93 Inv. 24105651052010 05/20/2010 Metrolink/Reserve 17.93 Check 111592 Date Paid: 06/11/2010 City of Ramsey Amount: $395.00 Inv. 19019 06/03/2010 6.15.10 Givonna Acumen for HR Prof seminar 395.00 Check 111593 Date Paid:06/11/2010 Brian Combo Inv. 100531 05/31/2010 May'10 Youth Shoshin Ryu Check 111594 Date Paid:06/11/2010 Inv. 2568 05/19/2010 Check 111595 Date Paid:06/11/2010 Inv.140898 05/19/2010 Check 111596 Date Paid:06/11/2010 Inv. S000019860 05/21/2010 Check 111597 Date Paid: 06/11/2010 Inv.100610 05/28/2010 Check 111598 Date Paid:06/11/2010 Inv.2212674 05/19/2010 Check 111599 Date Paid: 06/11/2010 Inv. 206MAY10 06/01/2010 Check 111600 Date Paid: 06/11/2010 Inv.210948 05/25/2010 Check 111601 Date Paid: 06/11/2010 Inv. 100531 05/31/2010 Check 111602 Date Paid:06/11/2010 Inv. 282811 05/19/2010 Check 111603 Date Paid:06/11/2010 Inv.13367924 05/28/2010 Inv.70011888 05/18/2010 Inv.70012183 05/20/2010 Inv.70012192 05/20/2010 Inv.70012217 05/20/2010 Inv. 70012320 05/21/2010 Check 111604 Date Paid:06/11/2010 Inv.061500011874 05/24/2010 Check 111605 Date Paid:06/11/2010 Page 1 of 18 Corporate Connection 25 Safety vest,6 ear muffs Corporate Mechanical Lancaster LS revise generator fuel piping Cretex Concrete Products North Inc 30x2.5 TW CB Cub Foods May10 Food Charges Dalco 15cs cormatic towels/12cs toilet tissue Data Recognition Corporation May'10 UB Postage Dermco LaVine Construction Co Inc Zachary tennis court surfacing eQuality Pathways to Potential May'10 PCC Janitorial ERS Digital Vinyl banners Factory Motor Parts Co Filter Sender and pump asy 2 -Rotor 2 -Link kit 2 -super duty pads/4-filter fuel brake pads FedEx Kinko's Laminate maps for squads Ferguson Enterprises Inc Amount: $235.20 235.20 Amount: $823.88 823.88 Amount: $203.87 203.87 Amount: $208.41 208.41 Amount: $736.90 736.90 Amount: $1,413.40 1,413.40 Amount: $3,401.47 3,401.47 Amount: $14,006.70 14,006.70 Amount: $384.75 384.75 Amount: $113.39 113.39 Amount: $705.21 9.27 276.64 145.24 75.54 154.84 43.68 Amount: $154.48 154.48 Amount: $1,156.56 Page 11 6/14/2010 Inv. S01248831001 05/18/2010 Throat Flg gskt,Square cut gskt,box gskt 562.06 Inv. S01251304001 05/20/2010 12x8 MJ TEE Fusion bonded SB 236.27 Inv. S01251485001 05/21/2010 Tee,sleeve fusion,lug for dip,rbr gskt 358.23 Check 111606 Date Paid: 06/11/2010 G Neil Companies Amount: 495.33 Inv. 1431300 05/17/2010 2010 8 HR Poster Guard Service 495.33 Check 111607 Date Paid: 06/11/2010 G&K Services Inc Amount: 430.64 Inv. 1006395022 05/17/2010 5.17.10 Rug service 81.66 Inv. 1006404018 05/21/2010 Public Works Uniform Rental 348.98 Check 111608 Date Paid: 06/11/2010 GameTime Amount: 74,940.75 Inv. 784199 05/12/2010 Shiloh plygrnd equipment 74,940.75 Check 111609 Date Paid: 06/11/2010 Girard's Business Solutions Amount: 4,119.38 Inv. 100525 06/08/2010 1/2 dwm pymnt/Check 4,119.38 Scanner,sftwre,jogger,install Check 111610 Date Paid:06/11/2010 Grainger Amount: 1,766.11 Inv. 9229605754 04/14/2010 Jones/Gore-Tex rain jacket 220.03 Inv. 9249932659 05/11/2010 1 pr drivers glove 21.32 Inv. 9249932667 05/11/2010 1 Hour meter DC quartz 32.76 Inv. 9254188890 05/17/2010 Masons tool bag 148.03 Inv. 9255075583 05/18/2010 Cable tie 14.2in 30.54 Inv. 9255639818 05/19/2010 1 Paragon Timer 1,106.79 Inv. 9256840837 05/20/2010 Eyewear/sanitizer wipes 13.91 Inv. 9256846164 05/20/2010 Street elbow 45 deg 11.41 Inv. 9256846172 05/20/2010 Street elbow 45deg 11.41 Inv. 9257335548 05/20/2010 Socket cap pvc 24.39 Inv. 9257335555 05/20/2010 Truck and trailer wash 5 gallon 78.06 Inv. 9258226241 05/21/2010 12-Safety eyewear 67.46 Check 111611 Date Paid: 06/11/2010 Graybar Electric Company Amount: 1,785.97 Inv. 947759937 05/20/2010 12 ignitor oval case rplcmnt kits/sport fields 939.22 Inv. 947759938 05/20/2010 4 1000W Quad tap 846.75 Check 111612 Date Paid:06/11/2010 Grove Nursery Inc Amount: 8,729.44 Inv. 21192100 05/11/2010 2010 Spring plant material 8,729.44 Check 111613 Date Paid:06/11/2010 Hamel Lumber & Supply Inc Amount: 1,225.81 Inv. 76678 05/13/2010 May10 Hardware Supplies 515.11 Inv. 77145 05/06/2010 May10 Hardware Supplies 42.67 Inv. 77164 05/06/2010 May10 Hardware Supplies 45.82 Inv. 77165 05/06/2010 May10 Hardware Supplies 76.61 Inv. 77167 05/06/2010 May10 Hardware Supplies 39.24 Inv. 77253 05/12/2010 May10 Hardware Supplies 31.39 Inv. 77277 05/13/2010 May10 Hardware Supplies 12.55 Inv. 77370 05/17/2010 May10 Hardware Supplies 24.88 Inv. 77387 05/18/2010 May10 Hardware Supplies 131.92 Inv. 77412 05/18/2010 May10 Hardware Supplies 45.82 Inv. 77445 05/19/2010 May10 Hardware Supplies 7.72 Inv. 77459 05/19/2010 May10 Hardware Supplies 123.92 Inv. 77472 05/28/2010 May10 Hardware Supplies 62.78 Inv. 77510 05/21/2010 May10 Hardware Supplies 10.21 Inv. 77590 05/28/2010 May10 Hardware Supplies 23.76 Inv. 77601 05/25/2010 May10 Hardware Supplies 31.41 Page 12 Page 1 of 18 6/14/2010 Check 111614 Date Paid: 06/11/2010 Hennepin County Treasurer Amount: 524.65 Inv. 100430A 05/20/2010 Apr'09-Apr'10 96.50ton Solid Waste Fee 524.65 Check 111615 Date Paid: 06/11/2010 Henry's Waterworks Inc Amount: 673.31 Inv. 14245 05/20/2010 60 1-1/2" gate valve risers 673.31 Check 111616 Date Paid: 06/11/2010 Hirshfield's Lathrop Paint Amount: 254.32 Inv. 033407883 05/20/2010 2gl Cetol,2gl plus 254.32 Check 111617 Date Paid: 06/11/2010 History Theatre Group Sales Amount: 76.00 Inv. 101209 05/19/2010 12.9.10 Deposit/ "Experience the 76.00 Unforgettable" Check 111618 Date Paid: 06/11/2010 Holiday Fleet Amount: 472.84 Inv. 100521 05/21/2010 4.22/5.21.10 19 E-85 fuel trips 472.84 Check 111619 Date Paid: 06/11/2010 Home Depot Amount: 4,498.41 Inv. 100528 05/28/2010 4/28-5/25 Hardware Charges 4,498.41 Check 111620 Date Paid: 06/11/2010 Hopkins Parts Co. Amount: 168.02 Inv. 050531 05/03/2010 May10 Equipment Repair 3.61 Inv. 050561 05/03/2010 May10 Equipment Repair 8.25 Inv. 050694 05/05/2010 May10 Equipment Repair 22.94 Inv. 051022 05/12/2010 May10 Equipment Repair 11.20 Inv. 051023 05/12/2010 May10 Equipment Repair 34.76 Inv. 051421 05/20/2010 May10 Equipment Repair 19.80 Inv. 051467 05/21/2010 May10 Equipment Repair 24.25 Inv. 051754 05/26/2010 May10 Equipment Repair 25.52 Inv. 051804 05/27/2010 May10 Equipment Repair 17.69 Check 111621 Date Paid: 06/11/2010 Independent School District 284 Amount: 191.32 Inv. 22316 05/01/2010 May'10 Gymnastics equip use 191.32 Check 111622 Date Paid:06/11/2010 J H Larson Electrical Co Amount: 213.13 Inv.427505201 05/20/2010 6-syl1000w 213.13 Check 111623 Date Paid: 06/11/2010 J J Landscaping Inc Amount: 8,280.00 Inv. 100518 05/18/2010 2010 Spring Reforestation + addl tree at 14100 8,280.00 53rd Ave N Check 111624 Date Paid: 06/11/2010 Inv.54172768 04/23/2010 Inv.54229513 04/28/2010 Inv.54515442 05/19/2010 Check 111625 Date Paid: 06/11/2010 Inv.00988 05/20/2010 Inv. 00991 06/02/2010 Check 111626 Date Paid: 06/11/2010 Inv. 00310 06/04/2010 Check 111627 Date Paid: 06/11/2010 I nv. 417311 05/18/2010 John Deere Landscapes Inc Swing coupler,tee dawn,4way silcock key Bushings,coupling,adapters,90 red ell tee/crimp clamp Kamida Inc Lifetime Fitness rmv curb/install new curb CR 6 rmv/rplc concrete curb at park Marie J Kurth 5.24.10 "Kids around the world" Kustom Signals Inc Laser repair Check 111628 Date Paid: 06/11/2010 Lake Restoration Inc Inv. 74615 05/19/2010 2010 Parke rs/eu rasia n watermilfoil trtmnt/1 DNR permit Check 111629 Date Paid: 06/11/2010 Lawn King Inc Inv. 100531 05/17/2010 12140 36 Rolls of sod Page 1 of 18 Amount: $101.45 16.17 54.44 30.84 Amount: $6,675.00 6,200.00 475.00 Amount: $200.00 200.00 Amount: $676.99 676.99 Amount: $3,015.00 3,015.00 Amount: $134.66 134.66 Page 13 6/14/2010 Check 111630 Date Paid: 06/11/2010 Lehne's Tire Service Inc Amount: 172.00 Inv. 13807 05/22/2010 5.22.10 Spec Recycle drop off scrap metal 172.00 Check 111631 Date Paid: 06/11/2010 Look -it Activewear Amount: 196.28 Inv. 47761A 06/02/2010 17 Leotards for Gymnastics camp 196.28 Check 111632 Date Paid: 06/11/2010 Lowe's Amount: 298.13 Inv. 100602 06/02/2010 5.3/5.27.10 Hardware Supplies 298.13 Check 111633 Date Paid: 06/11/2010 Martin Sign Inc Amount: 482.22 Inv. 15265 05/21/2010 40 14x9 City logo decals for vehicle doors 482.22 Check 111634 Date Paid: 06/11/2010 Matrix Laser Care Inc Amount: 163.52 Inv. 122869 05/18/2010 Printhead cleaner black 163.52 Check 111635 Date Paid: 06/1112010 McKinstry Essention Inc Amount: 26,775.75 Inv. 42561 04/30/2010 Apr'10 Stimulus Funding various projects 26,775.75 Check 111636 Date Paid: 06/11/2010 Metro Fire Amount: 15.44 Inv. 38047 05/21/2010 Helmet crescent 15.44 Check 111637 Date Paid: 06/11/2010 Minnesota Valley Testing Laboratories Inc/MVTL Amount:$645.00 Inv. 495935 05/12/2010 5.7.10 Water testing 165.00 Inv. 497117 05/17/2010 5.16.10 Water testing 160.00 Inv. 498063 05/24/2010 5.21.10 Water testing 160.00 Inv. 499221 06/01/2010 5.28.10 Water testing 160.00 Check 111638 Date Paid: 06/11/2010 MN Dept of Labor & Industry Amount: 4,840.16 Inv. 100531 05/31/2010 Conf# 9073053180 May'10 Bldg Permit 4,840.16 Surcharge Check 111639 Date Paid: 0611112010 MTI Distributing Inc Amount: 328.00 Inv. 72990700 05/20/2010 25-o ring 29.66 Inv. 73093300 05/20/2010 6 -rotary blade/roller deck/shaft roller/pin special 223.89 Inv. 73159500 05/21/2010 Cover asm/valve vacuator 74.45 Check 111640 Date Paid:06/1112010 NAPA Geniune Auto Parts Co Amount: 80.54 Inv. 188431 05/12/2010 Unit 191 belt 36.01 Inv.188619 05/13/2010 Fuse 3.40 Inv.189627 05/21/2010 U -Joint 24.68 Inv. 190334 05/26/2010 Brk fluid 16.45 Check 111641 Date Paid: 06/11/2010 Nardini Fire Equipment Co Inc Amount: 1,210.91 Inv. 365471 04/09/2010 2010 IC fire extinguishers inspection 679.95 Inv. 366442 04/27/2010 2010 Elm Creek plyfld fire extinguisher inspec 14.62 Inv. 366443 04/27/2010 2010 Middle Schl park fire extinguisher inspec 12.31 Inv. 366445 04/27/2010 2010 Plym Crk park fire extinguisher inspec 12.31 Inv. 366446 04/27/2010 2010 Parkers Ik plyfld shelter fire exting inspec 12.31 Inv. 366447 04/27/2010 2010 Ridgemount plyfld fire extinguisher inspec 58.82 Inv. 367101 04/30/2010 2010 LaCompte Green plyfld fire extinguishers 167.63 inspec Inv. 367333 04/30/2010 2010 Bass Lk plyfld fire extinguisher inspec 153.39 Inv. 368364 05/24/2010 2010 Parkers prk fire extinguishers inspec 53.25 Inv. 368365 05/24/2010 2010 Oakwood plyfld fire extinguisher inspec 46.32 Check 111642 Date Paid:06/11/2010 Inv.159500 05/20/2010 Check 111643 Date Paid: 0611112010 Inv. 33011 P 06/04/2010 Page 1 of 18 NEPM 1,000 plastic fire helmets Robert Nesbitt 5.24/6.4.10 MN Joint Analysis Amount: $465.00 465.00 Amount: $2,814.19 2,660.00 Page 14 6/14/2010 Inv. 3309T 06/03/2010 6.2/6.3.10 Duluth/Lake of the Woods trip 154.19 Check 111644 Date Paid: 06/11/2010 Newman Traffic Signs Amount: 557.76 Inv. T10221244 05/11/2010 20 18x24 park rule signs 557.76 Check 111645 Date Paid: 06/11/2010 NorthWorks Occupational Health Amount: 97.00 Inv. PLY000000610 06/01/2010 4.30/5.14.10 Kaczmar,Johnson 97.00 Spmtry/respirator Check 111646 Date Paid: 06/11/2010 Office Depot Amount: 182.64 Inv. 519246930001 05/17/2010 AA battery/pens/pert pad/steno/pencil 37.52 Inv.519770652001 05/20/2010 3-binders 8.88 Inv. 519805127001 05/20/2010 Letter clipboard 2pk 15.65 Inv. 519895377001 05/21/2010 AA battery 9.52 Inv. 519933417001 05/21/2010 Gum pad/report cover/superfine lead 44.12 Inv. 519941431001 05/21/2010 6pk-Astrobrt paper 66.95 Check 111647 Date Paid: 06/11/2010 Office of Enterprise Technolog Amount: 90.00 Inv. DV10050378 06/04/2010 May'10 Wide Area Network 90.00 Check 111648 Date Paid:06/11/2010 Oil-Air Products LLC Amount: 91.87 Inv. 468848001 05/19/2010 4-18g 16fforx 91.87 Check 111649 Date Paid:0611112010 On Site Sanitation Amount: 3,313.41 Inv. A381718 05/28/2010 5/1/10-5/28/10 Party Potty 10.69 Inv. A391670 05/28/2010 5/1/10-5/28/10 Amphitheater #1 157.11 Inv. A391671 05/28/2010 5/1/10-5/28/10 Bass Lake Playfield 50.23 Inv. A391672 05/28/2010 5/1/10-5/28/10 Camelot Park 50.23 Inv. A391673 05/28/2010 5/1/10-5/28/10 Dog Park/Eagan Park 50.23 Inv. A391674 05/28/2010 5/1/10-5/28/10 East Medicine Lake 50.23 Inv. A391675 05/28/2010 5/1/10-5/28/10 Elm Creek Playfield 366.58 Inv. A391676 05/28/2010 5/1/10-5/28/10 Field House Activity ctr/bubble 50.23 Inv. A391677 05/28/2010 5/1/10-5/28/10 Greenwood Elementary School 50.23 Inv. A391678 05/28/2010 5/1/10-5/28/10 Imperial Hill 8.97 Inv. A391679 05/28/2010 5/1/10-5/28/10 Lacompte Green 50.23 Inv. A391680 05/28/2010 5/1/10-5/28/10 Lions 50.23 Inv. A391681 05/28/2010 5/1/10-5/28/10 Maintenance Facility 50.23 Inv. A391682 05/28/2010 5/1/10-5/28/10 Oakwood Playfield 100.46 Inv. A391683 05/28/2010 5/1/10-5/28/10 Pakers Lake Beach 456.35 Inv. A391684 05/28/2010 5/1/10-5/28/10 Pakers Lake Playfield 100.46 Inv. A391685 05/28/2010 5/1/10-5/28/10 Pilgrim Lane Elementary 46.64 Inv. A391686 05/28/2010 5/1/10-5/28/10 Plymouth Creek 276.81 Inv. A391687 05/28/2010 5/1/10-5/28/10 Plymouth Playfield 276.81 Inv. A391688 05/28/2010 5/1/10-5/28/10 Ridgemount Playfield 50.23 Inv. A391689 05/28/2010 5/1/10-5/28/10 Skatepark 89.77 Inv. A391690 05/28/2010 5/1/10-5/28/10 Timber Shores 100.46 Inv. A391691 05/28/2010 5/1/10-5/28/10 West Lutheran High School 50.23 Inv. A391692 05/28/2010 5/1/10-5/28/10 West Medicine Lake 252.50 Inv. A391693 05/28/2010 5/1/10-5/28/10 Yard Waste Site 50.23 Inv. A391694 05/28/2010 5/1/10-5/28/10 Zachary Playfield 187.04 Inv. A391695 05/28/2010 5/1/10-5/28/10 Zachary Playfield #1 & #2 179.54 Inv. A391696 05/28/2010 5/1/10-5/28/10 Zachary Elementary 50.23 Inv. A391697 05/28/2010 5/1/10-5/28/10 Paver Potty 50.23 Check 111650 Date Paid: 06/11/2010 Phasor Electric Company Amount: 1,2VaVe 15 Page 1 of 18 6/14/2010 Inv. 038928 05/21/2010 IC electric repairs 1,258.80 Check 111651 Date Paid: 06/11/2010 Pond & Lighting Designs Inc Amount: $1,009.30 Inv. 00005310 05/13/2010 2010 Amphitheater fountain/aerator install 304.00 Inv. 00005311 05/13/2010 2010 Zach Park install fountain/aerator 414.80 Inv. 00005312 05/13/2010 2010 Parkers Lake install fountain/aerator 290.50 Check 111652 Date Paid:06111/2010 Postmaster/ Window D-12 Amount: $4,800.00 Inv. 100610 06/09/2010 Bulk Postage Permit 1889/Plymouth Newsletter $4,800.00 Check 111653 Date Paid:06/11/2010 PowerPlan /RDO/Vermeer Inv. P47802 05/21/2010 Corona saw,blade,saw landya,stabel braid Check 111654 Date Paid:06111/2010 Prairie Restorations Inc Inv. 0010986 05/18/2010 5.13.10 Woodland Trails mowed/spot Inv. 0010987 05/18/2010 5.13.10 CC hand pulled mustard&mullien Check 111655 Date Paid: 06/11/2010 Printers Service Inc Inv. 247573 05/12/2010 6 -ice knife sharp Inv. 247707 05/19/2010 2 -ice knife sharp Check 111656 Date Paid: 06/11/2010 Property Props Inv. 25 04/29/2010 11 bndls Fenceguard Inv. 31 05/20/2010 1 Postguard Amount: $313.14 313.14 Amount: $190.10 106.30 83.80 Amount: $144.00 108.00 36.00 Amount: $1,106.15 1,058.06 48.09 Check 111657 Date Paid: 06/11/2010 Randy's Sanitation Inc Amount: $1,197.64 Inv. 112118190510 05/19/2010 May'10 CWP Rubbish Removal 54.02 Inv. 112572180510 05/19/2010 May'10 ZWP Rubbish Removal 62.67 Inv. 114317480610 05/19/2010 Jun'10 PCC Rubbish Removal 263.44 Inv. 141320510 05/17/2010 May'l0 PW/PM Rubbish Removal 326.86 Inv. 141570510 05/19/2010 May'10 CC Rubbish Removal 490.65 Check 111658 Date Paid:06/11/2010 Inv.3009392 05/26/2010 Regions Hospital Medical records case #10.16014 Check 111659 Date Paid: 06/11/2010 Reinders Inc Inv. 300421000 05/18/2010 Roundup/hand spray Inv.300425300 05/19/2010 4-Roundup/4-herbicide Check 111660 Date Paid:06/11/2010 Rick Johnson Deer & Beaver Inc Inv. 100531 05/31/2010 May'10 3 Deer calls/pickup service Check 111661 Date Paid: 06/11/2010 Scharber & Sons Inv. 022019941 05/05/2010 6 Air Filters,2 spool,2 should Inv. 022020250 05/13/2010 2 Trimmer,2 should Inv. 022020682 05/31/2010 Unit 682 cable/belt Check 111662 Date Paid:06/11/2010 Science Explorers Inv. 2019 06/02/2010 6.1/6.3.10 Camp Caterpillar Amount: $34.89 34.89 Amount: $919.71 344.23 575.48 Amount: $285.00 285.00 Amount: $244.30 94.67 104.69 44.94 Amount: $552.00 552.00 Check 111663 Date Paid: 06/11/2010 Scrapbusters, Inc Amount: 1,470.00 Inv. 00012903 05/22/2010 5.22.10 Spec Recycle drop off scrap metal 1,470.00 Check 111664 Date Paid: 06/11/2010 SourceOne Graphics Inc Amount: 350.96 Inv. 57114A 05/13/2010 Remaining invoice balance - 248.76 Inv. 57161 05/20/2010 2 -City hall 8x8 102.20 Check 111665 Date Paid: 06/11/2010 South Metro Public Safety Training Facility Amount: 654.00 Inv. 8397 05/25/2010 6 Registr/Risk Mgmnt seminar 654.00 Check 111666 Date Paid:06111/2010 Sports Unlimited Amount: 480.00 Inv. 100527 05/27/2010 5.6/5.27.10 Thurs Sport Sampler program 480.00 page 16 Page 1 of 18 6/14/2010 Check 111667 Date Paid: 06/11/2010 Stonebrooke Equipment Inc Inv. 15463 06/02/2010 2 HD rplcmnt load bumpers Check 111668 Date Paid: 06/11/2010 Street Fleet Inv. 257403 05/31/2010 5.19/5.21.10 PWParts courier service Check 111669 Date Paid: 06/11/2010 Streicher's Inc Inv. 1739214 05/14/2010 Gloves Inv. 1740745 05/20/2010 Pants Check 111670 Date Paid: 06/11/2010 Inv.10091827 05/13/2010 Inv.10091840 05/13/2010 Inv.10091946 05/20/2010 Inv. 10092011 05/24/2010 Inv.10092053 05/25/2010 Check 111671 Date Paid:06111/2010 Inv. 100519 05/19/2010 Check 111672 Date Paid:06/11/2010 Inv.1253686 05/27/2010 Inv.1253687 05/27/2010 Inv. 1255011 06/03/2010 Inv.1255012 06/03/2010 Inv.1255013 06/03/2010 Inv.1255014 06/03/2010 Suburban Tire Wholesale Inc Unit 903 2 255/40ZR17W Conti tires Unit 362 2 LT245/75R17E BFG tires Unit 529 23x10.50 tires 4 P235/55R17 98V Eag tires 4 LT245/75R16 E WRG tires Joseph Sullivan 5.19.10 Photography Class Sun Newspapers SWPP Mtg - Storm Wtr Pollution Prevention Program Proj 8104 - 36th Landscape Enhancement Police Auction File 2010035 File #2010043 File 2009027 Check 111673 Date Paid:06/11/2010 Supreme Building Maintenance Inv. 051510 05/05/2010 May'10 Cheshire Pkwy Janitorial Inv. 055210 05/05/2010 May'10 Station 73 Janitorial Check 111674 Date Paid:06/11/2010 Taho Sportswear Inc Inv. 10TF1011A 05/20/2010 20 -basketball tshirts Amount: $307.21 307.21 Amount: $30.38 30.38 Amount: $138.98 68.99 69.99 Amount 322.98 345.89 87.49 481.71 528.48 1,766.55 Amount: $25.00 25.00 Amount: $441.52 107.25 155.51 28.60 53.63 53.63 42.90 Amount: $1,050.17 223.37 826.80 Amount: $84.40 84.40 Check 111675 Date Paid: 06/11/2010 Terminal Supply Company Amount: 49.15 Inv. 5763600 05/17/2010 6 -push pull switch 49.15 Check 111676 Date Paid:06/11/2010 Total Control Systems Inc Amount: 3,146.40 Inv. 5243 05/20/2010 CWP,ZWP,WeII 8 fiber optic cable w/SC conn 3,146.40 both ends Check 111677 Date Paid: 06/11/2010 Truck Utilities & Mfg. Inc. Amount: 494.51 Inv. 0212369 05/28/2010 Weekender ladder rack 366.58 Inv. 0212500 06/03/2010 2 Accessory ladder mnt extension 127.93 Check 111678 Date Paid: 06/11/2010 Trugreen Chemlawn Amount: 2,053.30 Inv. 915376 05/22/2010 May'10 Imperial Hills fertilze/weed control 184.37 Inv. 915377 05/19/2010 May'10 Queensland fertilize/weed control 144.29 Inv. 915382 05/19/2010 May'10 Lions fertilize/weed control 80.16 Inv. 915393 05/19/2010 May'10 Circle Park fertilze/weed control 184.37 Inv. 915394 05/22/2010 May'10 Fazendin fertilze/weed control 376.75 Inv. 915395 05/22/2010 May'10 Green Oaks fertilize/weed control 521.04 Inv. 915408 05/19/2010 May'10 Median island fertilize/weed control 80.16 Inv. 915409 05/19/2010 May'10 Hwy55/CR9 medians fertilize/weed 80.16 control Inv. 928745 05/20/2010 May'10 Pike Lk LS fertilize/weed control 80.16 Page 1 of 18 Page 17 6/14/2010 Inv. 933290 05/19/2010 May'10 Cemetery fertilize/weed 321.84 Date Paid:06/11/2010 Check 111679 Date Paid: 06/11/2010 Ultramax Amount: 4,710.00 Inv. 111928 05/19/2010 2cs CCI 9MM 124 GR TMJ Blazer cf ammo 370.00 05/26/2010 Inv. 112365 05/19/2010 20cs CCI 40 S&W 180TMJ CF Blazer ammo 4,340.00 Check 111690 Check 111680 Date Paid: 06/11/2010 Valley Rich Co Inc Amount: 3,870.87 Inv. 15498 05/13/2010 Bass Ilk Rd&NW/Plymouth water main break 3,870.87 Inv.100526 05/26/2010 Check 111693 repairs Inv.100607 06/09/2010 Check 111681 Date Paid: 06/1112010 Valspar Paint Amount: 512.36 Inv. 002904813 05/07/2010 12 5gl Yellow field marking paint 512.36 Date Paid:06/11/2010 Check 111682 Date Paid: 06/11/2010 Viking Trophies Amount: 1,416.65 Inv. 99508 05/13/2010 Bronze Plaque 326.52 Inv. 99781 06/02/2010 500 Baseball medals/imprint 1,090.13 Check 111683 Date Paid: 06/11/2010 Village Chevrolet Co. Amount: 101.37 Inv.203846 05/19/2010 Cable 43.99 Inv.203907 05/20/2010 Sensor 57.38 Check 111684 Date Paid:06/11/2010 W D Larson Companies LTD Inc Amount: 57.71 Inv. F201400035 05/20/2010 24 Filters 57.71 Check 111685 Date Paid:06/11/2010 Inv. 100618A 06/09/2010 Check 111686 Date Paid:06/11/2010 Inv. 785881 05/21/2010 Check 111687 Date Paid:0611112010 Inv.28312 04/30/2010 Check 111688 Date Paid:06/11/2010 Inv.100615 05/26/2010 Check 111689 Date Paid:06/11/2010 Inv. 51626172430510 06/01/2010 Check 111690 Date Paid: 06/11/2010 Inv.188090 05/17/2010 Check 111691 Date Paid: 06/11/2010 Inv.100606 06/06/2010 Check 111692 Date Paid: 06/11/2010 Inv.100526 05/26/2010 Check 111693 Date Paid: 06/11/2010 Inv.100607 06/09/2010 Check 111694 Date Paid:06/11/2010 Inv. 2010-00000135 06/07/2010 Check 111695 Date Paid:06/11/2010 Inv.100622 06/09/2010 Check 111696 Date Paid:06/11/2010 Inv. 2010-00000138 06/07/2010 Check 111697 Date Paid:06/11/2010 Inv. 10345582010053 05/31/2010 Check 111698 Date Paid:06/11/2010 Inv. 2010-00000140 06/07/2010 Page 1 of 18 Water Park of America Amount: $316.61 6.18.10 Bal owed Discovery day camp field trip 316.61 The Watson Company Amount: $377.07 IC Concession food resupply 377.07 Wolcyn Tree Farms and Nursery Amount: $6,412.00 2010 Tree resale evergreens 6,412.00 Wright -Henn Elec. Co. Amount: 7,804.94 Street Lighting 6-15-10 7,804.94 Xcel Energy Amount: 56,050.19 4.14/5.17.10 FS3, CC,PS,PCC/FH,HS 56,050.19 Yocum Oil Company Inc Amount: 119.95 1gl microbikill additive in transport load 119.95 Eric Blank Amount: 90.00 5.1/6.6.10 180 Mileage Reimb 90.00 City of Wayzata Amount: 4,724.94 Unit 368,5008,5009 tax®istr 4,724.94 City of Wayzata Amount: 1,569.93 Unit 1016,1017,1019 titles/1018 tax/title 1,569.93 Community Health Charities Amount: 90.00 CHAR CHC - Community Health Charities* 90.00 Lynn Deichert Amount: 600.00 6.22.10 Music in the Park 600.00 Law Enforce Labor Serv./Union Amount: $2,688.00 DUES POL - Police Union Dues * $2,688.00 LexisNexis Risk Data Management Inc Amount: $30.00 May'10 LexisNexis $30.00 MN AFSCME Council #5 Amount: $5,507.08 DUES MTCE - Maintenance Union Dues* $5,507.08 Page 18 6/14/2010 Check 111699 Date Paid: 06/11/2010 MN Child Support Payment Ctr Inv. 2010-00000141 06/07/2010 CHID SUPPORT - Child Support* Check 111700 Date Paid: 06/11/2010 MN Environmental Fund Inv. 2010-00000142 06/07/2010 CHAR MN ENV - MN Enviromental Fund* Check 111701 Date Paid: 06/11/2010 Open Your Heart Inv. 2010-00000143 06/07/2010 CHAR OYH - Open Your Heart* Check 111702 Date Paid: 06/11/2010 Petty Cash Inv. 100609 06/09/2010 2010 Summer Day Camp petty cash Check 111703 Date Paid: 06/11/2010 Marcia Picard Inv. D7771 05/22/2010 Lowry Central/dance recital splys Check 111704 Date Paid: 06/11/2010 Rick Sheldon Inv. 100607 06/07/2010 Bobs Shoe Repair/self rescue bags Check 111705 Date Paid: 06/11/2010 Inv. 100616 06/08/2010 Check 111706 Date Paid: 06/11/2010 Inv. 2010-00000146 06/07/2010 Check 111707 Date Paid: 06/11/2010 Inv. Import - 805 06/09/2010 Check 111708 Date Paid: 06/11/2010 Inv. Import - 807 06/09/2010 Check 111709 Date Paid: 06/11/2010 Inv. Import - 801 06/09/2010 Check 111710 Date Paid: 06/11/2010 Inv. Import - 803 06/09/2010 Check 111711 Date Paid: 06/11/2010 Inv. Import - 808 06/09/2010 Check 111712 Date Paid: 06/11/2010 Inv. Import - 806 06/09/2010 Check 111713 Date Paid: 06/11/2010 Inv. Import - 804 06/09/2010 Check 111714 Date Paid: 06/11/2010 Inv. Import - 802 06/09/2010 Total Payments: 263 Sticks N Tones 6.16.10 Music in the Park United Way CHAR UW - United Way* Benzow, Kellie Park and Rec Refund Corkum, Jocelyn Park and Rec Refund Griffey, Lisa Park and Rec Refund Johnson,Judy Park and Rec Refund Klockeman, Kaia Park and Rec Refund Kretsch, Patricia Park and Rec Refund Thornton, Elizabeth Park and Rec Refund Welch, Joan Park and Rec Refund Amount: $4,517.54 4,517.54 Amount: $34.00 34.00 Amount: $102.00 102.00 Amount: $100.00 100.00 Amount: $147.01 147.01 Amount: $81.00 81.00 Amount: $250.00 250.00 Amount: $202.82 202.82 Amount: $100.00 100.00 Amount: $33.57 33.57 Amount: $79.00 79.00 Amount: $100.00 100.00 Amount: $300.00 300.00 Amount: $100.00 100.00 Amount: $32.00 32.00 Amount: $32.00 32.00 Total Amount Paid: $1,523,131.33 Page 19 Page 1 of 18 6/14/2010 ate: 611110 rime: 11:36:20 AM H.M.S. Windows - Housing Assistance Payments Page: 0001 PAYMENT REGISTER -SUMMARY Q:IhmslreportsTAYSUM.QRP Bank Account Description/Account Number Checkinj4 3110681 Number Date Method Status Name Of Payee Total 0003900 611110 Computer Ck. Paid Dmitriy Akerman 51,027.00 0003901 611110 Computer Ck. Paid Simon Akerman 988.00 0003902 611110 Computer Ck. Paid Ilya Alchits 712.00 0003903 611110 Computer Ck, Paid Allied Capital Management, LLC 334.00 0003904 611110 Computer Ck. Paid Charles & Helen Anderson 407.00 0003905 611110 Computer Ck, Paid Summer Creek Apts 1,742.00 0003906 611110 Computer Ck. Paid At The Lake Apartments 0.00 0003907 611/10 Computer Ck. Paid At The Lake Apartments 22,341.00 0003908 6/1/10 Computer Ck. Paid Bass Lake Hills Townhomes, LP 2,984.00 0003909 6111I0 Computer Ck. Paid Vladimir Begun 705.00 0003910 6/1/10 Computer Ck. Paid Bigos Willow Creek 0.00 0003911 611110 Computer Ck. Paid Bigos Willow Creek 24,739.00 0003912 611110 Computer Ck, Paid Bigos-Oakwood LLC 835.00 0003913 611110 Computer Ck. Paid Caberallo LLC 1,348.00 0003914 611110 Computer Ck. Paid Hoa Chen 652.00 0003915 611110 Computer Ck. Paid Gerald Evenson 1,160.00 0003916 611110 Computer Ck. Paid Fernbrook Townhomes 8,613.00 0003917 611110 Computer Ck. Paid Tim & Holly Flemming 754.00 0003918 611110 Computer Ck. Paid Four Seasons Estates 0.00 0003919 611110 Computer Ck. Paid Four Seasons Estates 18,387.00 0003920 611110 Computer Ck. Paid Four Seasons Villa 390.00 0003921 611110 Computer Ck. Paid Denise Gartner 597.00 0003922 6/l/10 Computer Ck. Paid Shaun Gray 1,100.00 0003923 6/1/10 Computer Ck. Paid Alla Grigotyants 854.00 0003924 611110 Computer Ck. Paid Todd Haigh 476.00 0003925 611110 Computer Ck. Paid Heartland -Plymouth LkVwCommons 0.00 0003926 611110 Computer Ck. Paid Heartland -Plymouth LkVwCommons 39,604.00 0003927 611110 Computer Ck. Paid Paul Hintermeyer 329.00 0003928 611110 Computer Ck. Paid Elena & Boris Iliarske 630.00 0003929 611110 Computer Ck. Paid Kim Johannessen 437.0.0 0003930 611110 Computer Ck. Paid Eric Johansen 551.00 0003931 611110 Computer Ck. Paid Joseph Palen 1,102.00 0003932 611/10 Computer Ck. Paid Barbie Jo Kalash 554.00 0003933 611110 Computer Ck. Paid Gennadiy Kharatn 443.00 0003934 611110 Computer Ck. Paid Lancaster Village Partnership 6,008.00 0003935 611110 Computer Ck. Paid Kathy LaPointe 715.00 0003936 611110 Computer Ck. Paid Gregory Mazo 856.00 0003937 611110 Computer Ck, Paid Joan M. Michaud 518.00 0003938 6/l/10 Computer Ck. Paid Klara Mints 908.00 0003939 611110 Computer Ck. Paid Toni Muckala 780.00 0003940 611110 Computer Ck. Paid Park Place Apartments 860.00 0003941 611110 Computer Ck. Paid Parkside Apartments 7,931.00 0003942 611110 Computer Ck. Paid Plymouth Colony Apartments 9,574.00 0003943 611110 Computer Ck. Paid Plymouth Ponds Ltd Partnership 0.00 0003944 611110 Computer Ck. Paid Plymouth Ponds Ltd Partnership 17,517.00 0003945 611110 Computer Ck. Paid Plymouth Pointe Aparhuents 330.00 0003946 6/1/I0 Computer Ck. Paid Regency Pointe Apartment Homes 13,061.00 0003947 6/1/10 Computer Ck. Paid Ilya Roytelman 573.00 0003948 611110 Computer Ck. Paid Oleg Sandulyak 715.00 0003949 6/I/10 Computer Ck, Paid Paul Savariraj 616.00 0003950 6/1110 Computer Ck. Paid Shenandoah Woods 10,225.00 0003951 6/1110 Computer Ck. Paid Gopal B Shenoy 1,487.00 0003952 611110 Computer Ck. Paid Victor Shkolnikov 762.00 Page 20 Date: 6/1/10 Time: 11:36:20 AM H.M.S. Windows - Housing Assistance Payments PAYMENT REGISTER - SUMMARY 0003953 611110 Computer Ck. Paid 0003954 611110 Computer Ck. Paid 0003955 611110 Computer Ck. Paid 0003956 611110 Computer Ck. Paid 0003957 611110 Computer Ck. Paid 0003958 611110 Computer Ck. Paid 0003959 611110 Computer Ck. Paid 0003960 611110 Computer Ck. Paid 0003961 611110 Computer Ck. Paid 0003962 611110 Computer Ck, Paid 0003963 611110 Computer Ck. Paid 0003964 611110 Computer Ck. Paid 0003965 611110 Computer Ck. Paid 0003966 611110 Computer Ck. Paid 0003967 611110 Computer Ck. Paid 0003968 611110 Computer Ck. Paid 0003969 6/1/10 Computer Ck. Paid 0003970 611110 Computer Ck. Paid 0003971 611110 Computer Ck. Paid 0003972 611110 Computer Ck. Paid 0003973 611110 Computer Ck. Paid 0003974 611110 Computer Ck. Paid 0003975 611110 Computer Ck. Paid 0003976 6/1110 Computer Ck. Paid 0003977 6/1110 Computer Ck. Paid 0003978 6/1110 Computer Ck, Paid 0003979 611110 Computer Ck. Paid Total For Bank Account Marina Shumalcova CIO Creative Mgmt. Inc. Plymouth Leased Housing Assoc Dawa Tashi The Place Apartments Timber Creek Crossing Village Homes Home Irina Turovskaya Vicksburg Crossing Vicksburg Commons Vladimir Voynov Wellington Apartments Partnership David Wick Lake County Housing Authority Metropolitan Council Minneapolis Public Housing Authority Saint Paul Public Housing Agency Scott County CDA St. Louis Park Housing Authority Checking Of Totals Transactions Computer Checks 429 $245,884.58 Mantra] Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank; Total - All Bank Accounts Printed; Page: 0002 Q: NhinsVeports\PAYS UM. QRP 622.00 10,831.00 470.00 1,932.00 856.00 573.00 2,546.00 4,747.00 1,001.00 3,103.00 807.00 558.54 1,186.10 5,374.32 818.54 987.54 958.54 48.00 48.00 13.00 1.00 36.00 20.00 19.00 9.00 536.00 32.00 245,884.58 245,884.58 Page 21 CITY OF PLYMOUTH RESOLUTION NO. 2010 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING JUNE 12, 2010 WHEREAS, a list of disbursements for the period ending June 12, 2010 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 331,130.36 102,502.77 1,089,049.20 449.00 1,523,131.33 Anchor Bank — Housing Assistance Payments Housing & Redevelopment Authority $ 245,884.58 GRAND TOTAL FOR ALL FUNDS Adopted by the City Council on June 22, 2010 1,769,015.91 Page 22 rp) City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING June 22, 2010 Agenda 6.03Number: To: Laurie Ahrens, City Manager Prepared by: Marie Darling, Senior Planner Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, Community Development Director Conditional use permit to allow an adult daycare within Item: an existing building at 3431 State Highway 169 2010037) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a conditional use permit requested by Community Connection Partnership, as recommended by the Planning Commission. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: On June 2, 2010, the Planning Commission conducted the public hearing and subsequently voted unanimously to recommend approval of the proposal. The applicant was present in support of the request. No one else wished to speak on the matter. The Planning Commission asked if this use would create any potential parking problems. The applicant responded that they do not anticipate parking problems because 1) their clients do not drive and would be dropped off and 2) that their clients arrive and depart at staggered times throughout the day. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission's public hearing was published in the city's official newspaper and mailed to all property owners within 500 feet of the site. A copy of the notification area map is attached. Development signage remains on the site. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Resolution Approving Conditional Use Permit P:\CommDev\STAFFREP\CC\2010\2010037 cc community connections partnership CUP.docx Page 1 Draft Planning Commission Minutes June 2, 2010 Page 2 6. PUBLIC HEARINGS B. COMMUNITY CONNECTIONS PARTNERSHIP (2010037) Chair Davis introduced the request by Community Connections Partnership for a conditional use permit for an adult day care for property located at 3431 State Highway 169. Senior PIanner Darling gave an overview of the staff report. Chair Davis introduced the applicant, Mary Anderson, representing Community Connections Partnership. Ms. Anderson gave an overview of her organization. She added that they are interested in expanding their services and would like to stay in the Plymouth area to provide these services to the elderly or disabled in the community. Commissioner Kobussen asked if individuals stay there all day. Ms. Anderson replied that not everyone stays all day as it depends on what their needs are. She said that families who are supporting their elderly parent may need someone for the whole day or they may just want a couple of hours. She said the majority of individuals would probably come for four to six hours. Commissioner Kobussen asked if there would be any parking issues if everyone came and left at the same time. Ms. Anderson replied that they would be transported by someone else so the existing parking spaces would be adequate. Chair Davis asked if all their clients are regular clients or if they would take drop -ins. Ms. Anderson replied that they would be people who have been referred to them. She said that they are paid by medical assistance and other prearranged funding contracted through Hennepin County, Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Commissioner Kobussen said that there was a perfectly legitimate reason to grant the conditional use permit. IIe said there was no reason to have the building sitting empty. He said it looked like a good use for it and it would not create a hardship in the neighborhood. He said obviously, we could use this service in Plymouth and he would vote in support of this request. MOTION by Commissioner Kobussen seconded by Commissioner Anderson, to approve the request by Community Connections Partnership for a conditional use permit for an adult day care for property located at 3431 State Highway 169. Chair Davis said that he agreed with Conunissioner Kobussen that this was a good idea, a good place for it and it is good to have more services in Plymouth. He said that he would also vote in support of this request. Roll Call Vote. 5 Ayes. MOTION approved unanimously. Page 2 Agenda Number File 2010037 Pi PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission 047 FROM: Marie Darling, Sr. Planner (509-5457) through Barbara Senness, Planning Manager MEETING DATE: June 2, 2010 APPLICANT: Community Connections Partnership PROPOSAL: Conditional use permit for an adult day care LOCATION: 3431 State Highway 169 GUIDING: C (Commercial) ZONING: C-3 (Highway Commercial) REVIEW DEADLINE: August 28, 2010 DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit for an adult daycare in an existing building. The daycare would occupy 2,700 square feet or roughly two-thirds of the 4,200 square foot building. Daycare centers, whether for adults or children, are allowed in the C- 3 district upon issuance of a conditional use permit, Notice of this public hearing was published in the city's official newspaper and mailed to all property owners within 500 feet. The notification area map is attached. Development signage was also placed on the site. Page 3 File 2010037 Page 2 CONTEXT: Surrounding Uses Natural Characteristics of Site This site is located in the Bassett Creek drainage district. It does not contain any wetlands, nor does it contain any land within the floodplain or shoreland overlay district. Previous Actions Affecting Site In 1959, the City Council approved the Glen Erie subdivision which created the subject property. In 1970, the city approved the construction of the multi -tenant building on site. In 1971, the City Council approved a CUP for a pizza restaurant in a portion of the building. In 1976, the City Council approved an additional CUP for a different pizza restaurant. Later tenants also included a chiropractic clinic and karate studio. The building is currently vacant. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a conditional use permit is limited to whether or not the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards, the city must then approve the permit. However, the level of discretion is affected by the fact that some of the standards may be open to interpretation. ANALYSIS OF REQUEST: The applicant is requesting approval of a conditional use permit to operate an adult daycare within an existing building. The applicant would occupy the northerly 2,700 square feet of the building (see the attached floor plan). The use would operate similar to a children's day care with structured activities throughout the day for disabled and elderly adults. The applicant proposes to operate the business from 7 am to 5 pm, Monday through Friday. Clients would be Page 4 Land Use Guiding Zoning North. Commercial Building C C-3 West Commercial C C-5 Building East Townhomes Within the City of New HopeacrossH4yI ()9) South Commercial C C-3 Building Natural Characteristics of Site This site is located in the Bassett Creek drainage district. It does not contain any wetlands, nor does it contain any land within the floodplain or shoreland overlay district. Previous Actions Affecting Site In 1959, the City Council approved the Glen Erie subdivision which created the subject property. In 1970, the city approved the construction of the multi -tenant building on site. In 1971, the City Council approved a CUP for a pizza restaurant in a portion of the building. In 1976, the City Council approved an additional CUP for a different pizza restaurant. Later tenants also included a chiropractic clinic and karate studio. The building is currently vacant. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a conditional use permit is limited to whether or not the proposal meets the standards listed in the zoning ordinance. If it meets the specified standards, the city must then approve the permit. However, the level of discretion is affected by the fact that some of the standards may be open to interpretation. ANALYSIS OF REQUEST: The applicant is requesting approval of a conditional use permit to operate an adult daycare within an existing building. The applicant would occupy the northerly 2,700 square feet of the building (see the attached floor plan). The use would operate similar to a children's day care with structured activities throughout the day for disabled and elderly adults. The applicant proposes to operate the business from 7 am to 5 pm, Monday through Friday. Clients would be Page 4 File 2010037 Page 3 dropped off at the site by family members or brought to the site by Metro Mobility. The business would have a licensed capacity of 30 clients and would have a maximum of five or six employees. FINDINGS; The Planning Commission must review this request for compliance with the conditional use permit standards, as outlined in the ordinance. A copy of the standards is attached. Staff reviewed the application according to these standards, as follows: Comprehensive plan: The applicant's proposed daycare use would be consistent with the C commercial) land use designation, Public health, safely, welfare, morals, comfort: The applicant's proposed daycare use would not be detrimental to or endanger the public health, safety, morals, or comfort. Impact to other property and the orderly development of adjacent properties: The use would not be detrimental or injurious to the development of other properties in the area as the area is fully developed. Section 21135 of the Plymouth Zoning Ordinance requires daycares to have one parking space per employee and one space per six persons of licensed capacity. Based on the proposed size of the daycare, the use would require 11 parking spaces. The site has 17 parking spaces that are completely on the property and 12 additional that are located partially on this property and partially on the property to the north. The daycare use regiiires 11 spaces and the adjacent vacant tenant space would reani_re five (for office uses) or six (for retail uses) parking spaces for a new tenant. Staff found previous CUP approvals for restaurant applications that noted that the subject property and the property to the north share the use of the 12 parking spaces located on the north side of the subject property. Based on this information, staff finds the site has adequate parking for the daycare and the additional tenant space. Public facilities. The site is adequately served by public sewer and water and has its access from an improved, public street. Applicable district regulations and performance standards: Section 21150 of the zoning ordinance includes several performance standards for dayeares which would apply to this application, including requirements that the daycare: 1) have access to city sewer and water; 2) have access to adequate off-street parking and loading areas; 3) have signage consistent with city requirements; and 4) obtain a license from the State of Minnesota and comply with state requirements. Staff finds that the daycare would have adequate access to public utilities and adequate parking and loading. Staff has added conditions in the attached resolution that require: 1) any signage Page 5 File 2010037 Page 4 posted to be consistent with Section 21155 of the zoning ordinance and 2) the daycare to be licensed with the State of Minnesota and a copy of the license furnished to city staff prior to occupancy of the building. RECOMMENDATION: Community Development Department staff recommends approval of the conditional use permit to allow an adult daycare at 3431 State Highway 169, subject to the conditions listed in the attached resolution. ATTACHMENTS: 1. Draft Resolution Approving Conditional Use Permit 2. Applicant's Narrative and Attachments 3. Conditional Use Permit Standards 4. Location Map 5. Aerial Photo 6. Notification Area Map Page 6 0 " Community Connections Partnership CCP Administrative Office 5100 Gamble Drive Suite 460 St. Louis Park, MN 55416 Tel: (763) 540-6833 Fax: (763) 540-6839 CCP -Core 2407 E Franklin Ave. Minneapolis, MN 55406 Tel: (612) 376-7844 Fax: (612) 376-8929 CCP -Satellite 2224 Central Ave. NE Minneapolis, MN 55118 Tel: (612) 788-1234 Fax: (612) 788-1855 CCP -Garfield 2945 Garfield Ave. S Minneapolis, MN 55408 Tel: (612) 821-9114 Fax: (612) 821-9130 CCP -Gorham 3312 Gorham Ave. S St. Louis Park, MN 55426 Tel: (952) 920-7800 Fax: (952) 920-3131 CCP -Brooklyn Park 8601 73rd Ave. N Suite 22 Brooklyn Park, MN 55428 Tel: (763) 323-8750 Fax: (763) 323-7060 CCP -Plymouth Plymouth Business Center 3650 Annapolis Lane Suite 120 Plymouth, MN 55447 Tel: (763) 553-0755 Fax: (763) 557-6918 Cooperative Options 8601 73rd Ave. N Suite 22 Brooklyn Park, MN 55428 Tel: (763) 323-8750 Fax: (763) 323-7060 April 26, 2010 Community Connections Partnership has been providing day training and habilitation services through a contract with Hennepin County since 1986. CCP provides vocational services with an emphasis on community employment and work related activities to individuals with disabilities. CCP has six vocational sites throughout Minneapolis, St. Louis Park, Brooklyn Park and Plymouth. In an addition we provide day training and habilitation services to individuals with complex medical conditions in their homes. Community Connections Partnership is proposing to provide Adult Day Care Services at the address of 3431 Hwy 169, Suite 20, Plymouth MN 55441. The people we will services with be individuals with disabilities, and those who are elderly. Most will require transportation from family members, or Metro Mobility. Individuals will be dropped off and picked up at the end of their day. The service will be provided between the hours of 7am and 5 pm, Monday through Friday. We will be providing daily activities, exercise, therapy, recreational and leisure activities throughout the day. Community Connections Partnership will comply with and effect upon the Plymouth Comprehensive Plan. The establishment, maintenance or operation of this conditional use will promote and enhance the general public welfare and will not be detrimental to or endangerthe public health, safety, morals or comfort. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminishes and impairs property values within the neighborhood. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Adequate measure have been, or will be taken to provide ingress, egress, and parking so designed as to minimize traffic congestion in public streets. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The conditional use complies with the general and specific performance standards as specified by Section 21015 and the Plymouth Zoning Ordinance. If you have any questions please feel free to contact me at (763-540-6833 X302) Sincerely, Mary C. Anderson Executive Director Page 7 Community Connections Partnership, Inc z o:3vam- i uam: u:suam-i uam: 5:3uam-10am: 8:30am-10am: 8:30am-10am: Individualized Individualized Program Individualized Program Individualized Program Individualized Program Program t. 10:00-10:30am: 10:00-10:30am: Group 10:00-10:30am: Group 10:00-10:30am: Group 90:00-10:30am: Grouph. Group ActivityActivity Activity Activity Activity x Y« 10:30-11 am: Coffee/ 10:, -11 am: 10:30-11 am: 10:30-1 lam: 10:30-11 am: News and Current Coffee/News and Coffee/News and Coffee/News and Coffee/News and dti 4f Events Discussion Current Events Current Events Current Events Current EventsaA T; rh Discussion Discussion Discussion Discussion x Kra aw 11:00-12:00pm: r, Exercise Program 11:00-12:00pm: 11:00-12:OOpm: 11:00-12:OOpm: 11:00-12:00pm: x u 4 Exercise Program Exercise Program Exercise Program Exercise Program 12:00-1:OOpm: Lunch12:00-1:ODpm: Lunch 12:00-1:OOpm: Lunch 12:00-1:OOpm: Lunch 12:00-1:OOpm: Lunch 1:00-2:00pm: Therapeutic Groups 1:00-2:00pm: 1:00-2:OOpm: 1:00-2:OOpm: 1:00-2:OOpm: Therapeutic Groups Therapeutic Groups Therapeutic Groups Therapeutic Groups 00-3:00pm: h tion 0_ 4k ti .,` Activities Socialization Activities Socialization Activities aOSocialization Activities Socialization Activities 3:00-3:15pm: Snack 3:00-3:15pm: Snack 3:00-3:15pm: Snack 3:00-3:15pm: Snack 3:00-3:15pm: Snack 3:154:OOpm: Individualized 3:1 i 4:00pm: 15-4:O0pm: 1.5-4:00pm: 15-4:00pm: Programs Individualized Individualized Individualized Individualized 1Programs Programs Programs Programsfes00-5:OOpm: H Personal Interest DD-S:OOpm: Personal 00-5:00pm: Personal 00-5:OOpm: Personal 00-5:OOpm: Personal ctivitieslGroups Interest Interest Interest Interest ctivities/Groups ctivitieslGroups ctivitieslGroups ctivities/Groups M Page 8 Q Connections Partnership provides vocational services to individuals with disaUlit.ies. CCP provides supported employment services and wort; related activities with the focus on an individual's qualifications and interests. CCP provides as much support: as an individual needs and is committed to establishing a network of natural supports while assisting them in the development and maintaining of life skills. CCP has six vocational sites throughout Minneapolis, St Louis Park, Plrlmouth and Brooklyn Park. Cooperative Options provides vocational services to individuals with complex i-nedlical conditions in their residence. Funding Sources: Medical Assistance, MRRC, TBI, CADI. EW, Supported Employment Waivers and CCSA. Contract with Hennepin County. Job Search Procurement of Job Initial Training and Support Transportation Address Accommodations Advocacy TYPES OF EMPLOYMENT Independent Placement matches an individual's preference, strengths, and experience to a job in the community. An Employment Consultant provides initial training, on-going support; anti indiviclualized services. Whenever possible, our goal is to transfer the individual's supervision and support to the employer. @i orlc. Crew Placement provides employment opportunities to a group of two or three individuals based on each person's interests and abilities. Each work crew is supervised by an Employment Consultant and Lakes place in a community setting. q-10F1^7itTe Employment is part-time temporary ernployment opportunities that are performed at the CCP vocational sites. Our contracts are with local businesses. Folllov i -Along Services supports an individual in maintaining their existing empioy- ment and when necessary, find a new job. Follow along services includes regular contact with Employee and Employer, evaluation of job performance and continual suiaport to prormote stability of job match. TRAINING AND SUPPORT SERVICES Career Plan Development Resume Writing Application/Interviewing Curricula focusing on We skills i.e.: health 9" safety, self-care, con-imunication, social behavior and behavioral management. Leisure & Recreation Activities Advocacy and Links to Community Resources Functional AcadeliSOL- CONCEPT FLOOR PLAN f Not Included s b b4 = k Vi ABY r NO, SAWRIA (t} BAR 2 7 2010 Page 10 cr•'$?x:";?:i`>,'; 1,.r_3s;;+4:F= rt.'i. :f,ri::c.,; _ Jnr '.. ., -- ._ ,-'-?'t:_.:' .'::'a.`".+:=r=':, _._ ._••:c;-r Y •>:-" `-:: : r. 2 ;•:-•t-?•,- '!c';st':.7: ,;_:'t+J_,..., _ :a J' L 4 ", y : s :• - 'ria:, i s t':' . SITE PLAN; t }" .i;:a. 9+'[;L •.v _4v`..S = ~'.3 ,rt= _ _ '•t'r, it - _ _ _ a `i: _e - (is ` t.fhs 5 z -• - .+0.,i-- _ _ - r3. 4+.)_•.Sti:':•w_ lad. fir tij-(t• ;' - r•: t.. 47' A. Ae Alicpp ant S -- ace y 05fi J. tics' r : t i _ ' IiA.Y°':' _ -_- - _ - — _ _ _ - ianT+re'+ 1, 4.jr/.. r 1jt_1} gj I f - n n '-:[rte - 1 s. • _-. n•tr - _ r'..._... r.:.¢iris'a'v'"Fy..,..,13_':.ic'•.%"RiS.:=-•.:_.i.-.rK-..ta.._.r_a:/.:.--:Y•"..-r.._-_-_.. _.v___ -'_ __._ .._-.. _-.. .__.. _.- '.fi'If/m.'.eY%•I•._s __:- 5j ZONING ORDINANCE CONDITIONAL USE PERMIT STANDARDS 21015.02 PROCEDURE: Pursuant to Minnesota Statutes 15.99, an application for a conditional use permit shall be approved or denied within sixty(60) days from the date of its official and complete submission unless extended pursuant to Statute or a time waiver is granted by the applicant. If applicable, processing of the application through required state or federal agencies shall extend the review and decision-making period an additional sixty60) days unless this limitation is waived by the applicant. Subd.5. The Planning Commission shall consider possible adverse effects of the proposed conditional use. Its judgment shall be based upon (but not limited to) the following factors; l . Compliance with and effect upon the Comprehensive Plan, includingpublicfacilitiesandcapitalimprovementplans. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals, or comfort. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for usespermittedinthedistrict. 5. Adequate public facilities and services are available or can be reasonablyprovidedtoaccommodatetheusewhichisproposed. 6. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. Section 21015 -Plymouth Zoning Ordinance forms/cupsta) Page 12 Location Map- 2010037 Community Connections Partnership 3431 State Highway 169 Request for a Conditional Use Permit City of Plymouth, Minnesota Legend C, Cornercial CC, City Center CO, Comrnercial Office IP, Planned Industrial 0 LA -1, Living Area 1 0 LA -2, Living Area 2 0 LA -3, Living Area 3 rX- LA-4, Living Area 4 0 LAR, Living Area Rural P -I, PublidSerni-PublicJlnstitutional 120 60 0 120 240 360 Feet age V IIISite II Location Map- 2010037 Community Connections Partnership 3431 State Highway 169 Request for a Conditional Use Permit City of Plymouth, Minnesota Legend C, Cornercial CC, City Center CO, Comrnercial Office IP, Planned Industrial 0 LA -1, Living Area 1 0 LA -2, Living Area 2 0 LA -3, Living Area 3 rX- LA-4, Living Area 4 0 LAR, Living Area Rural P -I, PublidSerni-PublicJlnstitutional 120 60 0 120 240 360 Feet age r2 Aerial Photograph- 2010037 city of Plymouth, Minnesota 50 25 0 50 100 150 01 Feet Page 14 7O /U ri ') / Notification Area Map Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 30THAVr= N... p ' F` E3f51 (SSE 193i 158E 18y1 j r ( 34) `.1120) 0 te I21i }. t11E X1 1 r 94) 35TH AVE N 0031 4 _1.=a1 04) 127j I h (tD23lisi (I ii las 421 € (351 [[ (26) j . ( i 1 19.11841 22 _ 24-116-22-11 laml i _ ;s5 T N I1V>= N 180) i57 H AVE N 8531 371 lsl 24) 119) G l i 159E LU- r : UJ 7) (60) (s I (awl j. x s C3!V123i2Q1 wr:. x7— (66) (e) (E tsl laal L< J ft yI)_ _ 1661 (6 1 x isrl 041 m iz 1 I 12t1 [7 i uJ - to gg ITii -- t6dj (631 381 (33jY ( 3i W AVE N —_ 9i H -AVE N zai I1l1pzx Xs n) Z712d (zl 24-119222-14 19.11912 1-23 For more information contact: Print Date: 4/23/2010L Il{.' Hennepin County GIS Division Legend: 300 South 6th Street Map Scale: 1" = 266' Minneapolis, MN 55487 Buffer Size: 500 feetgis.info@co.hennepin.mn.us Water Major Roads Park Minor Roads Map Comments: Parcel Buffer RegionTypeCommentsHere - , Selected Parcels ll iti\ rEa xr, HENNEPIN aWI w Ai R 2 7 210, CITY OF PLYMOUTH RESOLUTION N0. 2010 — A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN ADULT DAYCARE FOR COMMUNITY CONNECTIONS PARTNERSHIP FOR PROPERTY LOCATED AT 3431 STATE HIGHWAY 169 (2010037) WHEREAS, Community Connections Partnership has requested approval of a conditional use permit for the site legally described as follows: Lot 3, Block 2, Glen Erie Addition, County of Hennepin, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Community Connections Partnership for a conditional use permit to allow an adult daycare in the existing multi -tenant building located at 3431 State Highway 169, subject to the following conditions: 1. A conditional use permit is approved to allow a 2,700 square foot daycare within the existing building, in accordance with the application and plans received by the city on April 27, 2010, except as may be amended by this resolution. 2. The conditional use permit is approved with the finding that all applicable conditional use permit standards are met, as follows: a) The applicant's proposed daycare use would be consistent with the C (commercial) land use designation. b) The applicant's proposed daycare use would not be detrimental to or endanger the public health, safety, morals, or comfort. c) The use would not be detrimental or injurious to the development of other properties in the area as the properties are fully developed. The site has adequate parking for the daycare and the additional tenant space. d) The site is served by public sewer and water and has its access from an improved, public street. e) With the conditions in this resolution, the application is consistent with the specific standards for daycares that would apply to this application, including requirements that the daycare: 1) have access to city sewer and water; 2) have access to adequate off-street parking and loading areas; 3) have signage consistent with city requirements; and 4) Page 16 Res. 2010 - File 2010037 Page 2 obtain a license from the State of Minnesota and remain in compliance with state requirements. 3. Prior to construction of tenant improvements to or within the building, the applicant must obtain separate approval of a building permit. 4. Prior to occupancy of the tenant space, the applicant shall furnish a copy of the permit issued by the State of Minnesota for the daycare. 5. Standard Conditions: a. Any signage shall comply with the city's sign regulations. b. All waste and waste containers shall be stored within approved designated area. c. Subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. d. This approval shall expire one year after the date of approval, unless the property owner or applicant has started the project, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under Section 21015.07 of the zoning ordinance. Approved this 22nd day of June, 2010. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 22, 2010 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 17 rp)City of Agenda 6 . 0 4PlymouthNumber: dddfng Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer June 22, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Award Contract for 36th Avenue Item: Landscape Enhancements Project City Project No. 8104 1. ACTION REQUESTED: Adopt the attached resolution awarding the contract for the 36th Avenue Landscape Enhancements Project, City Project No. 8104. 2. BACKGROUND: On May 11, 2010, the City Council ordered the improvement for the 36th streetscape enhancements. The proposed landscape enhancements include concrete edging around the medians, plantings to match the existing landscaping on Plymouth Boulevard, and median monument signs on both end islands at Vicksburg Lane and Plymouth Boulevard. Lighting and irrigation are also included with the proposed improvements. The City logo and "City Center" lettering on the monument signs will be quoted separately from this bid package. The low bid for the logo and lettering is $14,090.50. An alternate bid to extend electricity to the Plymouth Boulevard medians to power the seasonal lights was also included in the bid package. On June 10, 2010, bids were publicly opened for the 36th Avenue Landscape Enhancements Project. A total of 4 bids were received at the following prices: Contractor Total Base Bid + Alternate Al Sunram Construction 241,757.20 Gen Con Construction 244,870.00 Blackstone Construction 294,347.88 Hoffman & McNamara 300,458.45 Engineer's Estimate 250,000.00 Engineering staff has reviewed the information submitted by Sunram Construction to comply with the bidder qualification criteria policy, and finds the information acceptable. This company has worked in the City of Plymouth within the last five years and they have completed similar jobs in that time frame. Engineering staff feels that Sunram Construction is capable of constructing the 36th Avenue Landscape Enhancements Project in accordance with the approved plans and specifications. Page 1 3. BUDGET IMPACT: This project is included in the 2010-2014 Capital Improvement Program (CIP) in the amount of $400,000 for the streetscape enhancements. The total estimated project cost for the 36th Avenue median enhancements based on the low bids is approximately $300,000. Funding for this project will be from the Community Improvement Fund. 4. ATTACHMENTS: Location Map Resolution Page 2 EB ER Landscape Enhancements EB 36th Avenue E Rj 3j AV y O rQ 37THAVE Q JJ mrPC) e m D 6 U U l`i J Q J m r.< Y ? v - O ST m r t\JO 55 N Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2010 - AWARD CONTRACT 36T" AVENUE LANDSCAPE ENHANCEMENTS PROJECT CITY PROJECT N0. 8104 WHEREAS, pursuant to an advertisement for bids for the improvements located on 36th Avenue from Vicksburg Lane to Plymouth Boulevard for the improvement of 36th Avenue from Vicksburg Lane to Plymouth Boulevard by installation of landscape enhancements, and all necessary appurtenances bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Base Bid + Alternate Al Sunram Construction 241,757.20 Gen Con Construction 244,870.00 Blackstone Construction 294,347.88 Hoffman & McNamara 300,458.45 Engineer's Estimate 300,000.00 WHEREAS, it appears that Sunram Construction of Corcoran, MN is the lowest responsible bidder complying with the minimum specifications. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Mayor and City Manager are hereby authorized and directed to enter into the contract with Sunram Construction of Corcoran, MN in the name of the City of Plymouth for the improvement of the area located on 36th Avenue from Vicksburg Lane to Plymouth Boulevard, 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 $241,757.20. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. APPROVED THIS 22ND DAY OF JUNE, 2010 Page 4 city of Agenda 6 . O 5PlymouthNumber: p))v adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer June 22, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Approving Plans and Specifications and Ordering Advertisement for Bids, and Approving Joint Powers Item: Agreement between the City of Plymouth and the City of Medicine Lake for the South Shore Drive Rehabilitation Project, City Project No. 10002 1. ACTION REQUESTED: Adopt the attached resolutions approving the final plans and specifications and ordering advertisement for bids, with bids to be received on July 27, 2010 for the above referenced project, and approving the Joint Powers Agreement between the City of Plymouth and the City of Medicine Lake. 2. BACKGROUND: On February 23, 2010, the City Council ordered the improvement for South Shore Drive from 10th Avenue to the City of Medicine Lake and from the City of Medicine Lake to the cul-de-sac, and 13th Avenue from South Shore Drive to Nathan Lane. Attached is a map showing the project location. A full depth mill and overlay is proposed for this project. A full depth mill and overlay will remove the entire bituminous surface, between 4-6 inches in the area, to the existing gravel section that is between 17 to 37 inches deep. It is proposed to install and grade approximately two inches of recycled aggregate material to direct storm water runoff off of the new street and to bring the new street to the proper elevations. Finally, it is proposed to install four inches of bituminous on the aggregate material. In most cases the street widths will be installed to match the existing widths, which are generally 22 to 25 feet wide, with some areas between 33 and 40 feet wide. Concrete curb and gutter is only proposed to be replaced in areas where the existing curb and gutter is damaged, heaved or settled. Storm sewer pipe and structures that are in need of repair will be replaced as part of this project. A six foot concrete sidewalk is proposed to be installed on the west side of South Shore Drive between 11th Avenue and the Luce Line Trail. Five speed humps will be installed with the project, four at the existing locations between the City of Medicine Lake and 13th Avenue and one between 11th Avenue and the City of Medicine Lake. At the public hearing, the City Council directed staff to install 3 raised crosswalks at the existing crosswalk locations on a trial basis. Since the hearing, staff has discussed the installation of these raised crosswalks with Three Rivers Parks District (TRPD) because two crossings are adjacent to the Luce Line Trail corridor. TRPD expressed some concerns with the Page 1 safety of these raised crosswalks and was not completely comfortable with the concept of installing them. For this reason, it is not recommended to install the raised crosswalks. Water Quality Best Management Practices are proposed with this project with the installation of a rain garden and compost swales. The rain garden, which will be twice as large as a typical rain garden, will be installed on the City owned property on the east side of South Shore Drive, north of 13th Avenue. In addition, compost swales will be installed in four areas where storm water flows directly into Medicine Lake or the adjacent wetlands. Improvements to the City's sanitary sewer system are also proposed with this project. For the sanitary sewer system, inflow and infiltration sealing systems would be installed at all sanitary sewer manholes to reduce the amount of storm water runoff that seeps through the manhole rings. The watermain will be looped on South Shore Drive through the City of Medicine Lake to improve water flows in Plymouth. This pipe will be directionally drilled to reduce the amount of disturbance to the street. The City of Medicine Lake has requested two services and an additional fire hydrant to be installed. Medicine Lake has acknowledged they will be responsible to pay for each of these items. A mill and overlay of South Shore Drive in the City of Medicine Lake will also be incorporated with this project. In addition to the mill and overlay, a trail extension is also proposed from the City of Plymouth border (just south of the Luce Line Trail) to Peninsula Road. An agreement between Medicine Lake and Plymouth is attached that will allow Plymouth staff to combine both projects into one larger one. Plymouth will be reimbursed for any design and construction costs associated with Medicine Lake's portion. If the project proceeds as planned, the project would begin in August and completed by October, 2010. It is phased so the bridge project will be substantially completed prior to the street project beginning. 3. BUDGET IMPACT: This project is included in the 2010-2014 Capital Improvement Program (CIP) at an estimated cost of $2,020,000. The total estimated project cost is approximately $800,000, of which $260,000 would be assessed. The watermain replacement is estimated at $200,000 and will come from the Water Fund. The sanitary sewer improvements are estimated at 5,000 and will be funded from the Sewer Fund. The installation of the rain garden and sump manholes is estimated at $30,000 and will come from the Water Resources Fund. 4. ATTACHMENTS: Project Location Map Joint Agreement Resolutions Page 2 N South Shore Drive Rehabilitation Project C.P.10002 Proposed Location Map S- Medicine Lake ti I_i94 Streets included in project JOINT POWERS AGREEMENT BETWEEN THE CITY PLYMOUTH AND THE CITY OF MEDICINE LAKE FOR THE SOUTH SHORE DRIVE REHABILITATION PROJECT THIS AGREEMENT is entered into between the CITY OF PLYMOUTH, a Minnesota municipal corporation (hereinafter referred to as "Plymouth") and the CITY OF MEDICINE LAKE, a Minnesota municipal corporation (hereinafter referred to as "Medicine Lake"), with the parties collectively hereinafter referred to as the "Cities". WHEREAS, the Cities desire to implement the design and construction of the South Shore Drive Rehabilitation Project in the cities (the "Project"); and WHEREAS, -Minn. Stat. § 471.58 authorizes two or more governmental units to enter into agreements to jointly or cooperatively exerciseany power common to the contracting parties or any similar power; and 1. PLANS AND SPECIFICATIONS. The City of Plymouth will prepare plans and specifications for the Project consistent with Plymouth design standards. 2. BIDDING. Plymouth will advertise for bids for the construction of the Project in accordance with Minnesota Law and will provide Medicine Lake with an analysis of the bids received. Plymouth must obtain Medicine Lake's concurrence with the award of the bid to a contractor. 3. CONTRACT A WARD. Plymouth shall prepare contract documents and enter into a contract with the approved bidder. 4. COST ALLOCATION. Relevant project costs shall be calculated and distributed by Plymouth based on estimated quantities attributable to work performed within each corporate boundary and will be paid by each Party based on final actual quantities attributable to work performed within each corporate boundary. All costs for work associated with the extension of watermain through Medicine Lake shall be paid for by Plymouth except for those items specifically requested by Medicine Lake such as water services or hydrants and associated 13058201 RNK: 03109/2007 Page 4 appurtenances. Project costs include engineering, inspection, testing and construction costs. Estimated costs, and cost changes that occur, payable by Medicine Lake require consent from Medicine Lake; including estimated quantities of work likely to be attributed to Medicine Lake. 5. OWNERSHIP. Each party shall own the portion of the Project located within its corporate boundaries_ The City of Plymouth- shall own the portion of watormain that will be installed within Medicine Lake except for those items specifically requested by Medicine Lake such as water services or hydrants and associated appurtenances. Utilization of Plymouth's watermain or sanitary sewer by Medicine Lake will require the execution of an Agreement for Joint Usage of Sanitary Sewer and Water Facilities by both Parties. This agreement must be executed prior to connection to either facility. 6. PAYMENT. Plymouth will act as the paying agent for all payments to the Contractor. Payments will be made as the Project work progresses and when certified by Plymouth Engineer. Plymouth, in turn, will bill Medicine Lake for the project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this agreement within 30 days from the presentation . of the claim. If . any portion of an itemized claim is questioned by .the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any amounts in dispute will be made following good faith negotiation and documentation of actual costs incurred in carrying out the work. 7. CHANGE ORDERS AND SUPPLEMENTAL AGREEMENTS. Any change orders or supplemental agreements that affect the project cost payable by either party and changes to the plans must be approved by either party prior to execution of work. 8. RULES AND REGULATIONS. Plymouth shall abide by Minnesota Department of Transportation standard specifications, rules and contract administration procedures. 9. INDEMNIFICATION. Plymouth agrees to defend, indemnify, and hold harmless Medicine Lake against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of Plymouth and/or those of Plymouth employees or agents. Medicine Lake agrees to- defend, indemnify, and hold harmless Plymouth against any and all cl4ims, liability, loss, damage, or expense arising under the provisions of this Agreement for which Medicine Lake is responsible, including future operation and maintenance of facilities owned by Medicine Lake and caused by or resulting from negligent acts or omissions of Medicine Lake and/or those of Medicine Lake employees or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to anyone party. The limits of liability for both parties may not be added together to determine the maximum amount of liability for either party. The intent of this paragraph is to impose on each party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the parties and to 13058201 KN -K: 03/09/20017 2 Page 5 permit liability claims against both parties from a single occurrence to be defended by a single attorney. 10. WAIVER Any and all persons engaged in the work to be performed by Plymouth shall not be considered employees of Medicine Lake for any purpose, including Worker's Compensation, or any and all claims that mayor might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said Plymouth employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of Medicine Lake. The opposite situation shall also apply: Plymouth shall not be responsible under the Worker's Compensation Act for any employees of Medicine Lake. 11. AUDITS. Pursuant to l;j'isu-lesota Statutes § 160.05, Subd. 5, any books, records, documents, and accounting procedures and practices of Plymouth and Medicine Lake relevant to the Agreement are subject to examination by Plymouth, Medicine Lake, and either the Legislative Auditor or the State Auditor as appropriate. Plymouth and Medicine Lake agree to maintain these records for a period of six years from the date of performance of all services covered under this agreement. 12. INTEGRATION. The entire and integrated agreement of the parties contained in this Agreement shall supersede all prior negotiations, representations, or agreements between Plymouth and Medicine Lake regarding the Project; whether written or oral. IN WITNESS THEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CITY OF PLYMOUTH CITY OF MEDICINE LAKE BY: BY: Kelli Slavik, Mayor111 ary Anne Y( , Mayor AND Laurie Ahrens, City Manager 130582v01 RNK.-OM912007 Page 6 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS SOUTH SHORE DRIVE REHABILITATION PROJECT CITY PROJECT N0. 10002 WHEREAS, pursuant to resolutions passed by the Council on February 23, 2010 the Engineering Division has prepared plans and specifications for the improvement of South Shore Drive from 10th Avenue to the City of Medicine Lake and from the City of Medicine Lake to the cul- de-sac, and 13th Avenue from South Shore Drive to Nathan Lane by, includes the mill and overlay of streets by installation of bituminous pavement, concrete curb and gutter, storm sewer, watermain and all necessary appurtenances and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 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 Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published three 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 July 27, 2010 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 engineer and City Clerk, will then be tabulated, and will be considered by the council at 7 p.m. on August 13, 2010, in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. 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 22NDDAY OF JUNE, 2010 Page 7 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE THE JOINT POWERS AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE CITY OF MEDICINE LAKE SOUTH SHORE DRIVE REHABILITATION PROJECT CITY PROJECT N0. 10002 WHEREAS, the City of Plymouth and the City of Medicine Lake are jointly rehabilitating South Shore Drive; and WHEREAS, a Joint Powers Agreement has been prepared in which Plymouth will be reimbursed for any design and construction costs associated with Medicine Lake's portion. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Joint Powers Agreement for the South Shore Drive Rehabilitation Project, City Project No. 10002, is hereby approved, and the Mayor and City Manager are authorized to sign the agreement on behalf of the City. APPROVED THIS 22NDDAY OF JUNE, 2010 Page 8 rp)City of Agenda 6 . 0 6PlymouthNumber: Adding quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Daniel K. Campbell, Senior Engineering Technician June 22, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Payment No. 1 and Final Item: 2010 Crack Repair Program City Project No. 10011 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Payment No. 1 and Final for the above project. 2. BACKGROUND: Attached is Payment No. 1 and Final. All work on this project has been completed. The original contract amount for this project was $120,972 and the final value of work completed is $119,373.16. The final value of work completed is less than the contract amount by $1,598.84 or 1.3% which is due to variations in the final contract quantities. Request for Payment No. 1 and Final is in the amount of $119,373.16. 3. BUDGET IMPACT: 130,000 for Crack Sealing was included in the 2010 Public Works, Street Maintenance Fund Budget (100-70-710-7100-7500.134). 4. ATTACHMENTS: Map Request for Payment - No. 1 and Final Resolution Page 1 55TH AVE. a 50TH aSTn AVE. 90TH AVE. 35TH AVE. 3UTH AVE. 25TH AVE. 29TH A 15TH AVE. Proposed 2010 Crack Repair Program CP 10011 d 'N p2p6r.Fse.O a S5 ? MVH jBH N" Opdg pdCQQ. 6 d o vY pd9 A Rig rd rRo aOy9m NNrNti 6w.i , 2d¢} i Fnf aflx$0 rpg( 8 w SQUn txjzf•[K{Sp```q xq p NZYFOFO.?.aa 9'.i yqFyq rRZr.]]]V ZgZq6.iWC,E¢g.].a7C x t ilXCyN} UV°iZFUSVo1 Sd(YR xNN x C .7 (TSU []NOxsJ pkv. wZi^UYdul iy`.K F. sN ypKVKS.Im4J.Xa7bNt40tlh OR^w.-1Yh X „pt V.S¢a ap• aG 7'NMAdi02 S.F-.A Vmy N9 x•-•.'+}$7i02k^diry eiA. jmR Xk"d+9FNrcdh02.1YF vagia PPP OOP P e tr Pp ooa pQ P9 ap OP _ Pgtr P' Nag7oaoaa A.i ,-mm..rnwrr ry r.r.i n.+..nw i-.y 1 .yn I .e ..i-'Al n rn.•-Pn ®.Mi .. y .a '• POO+T 6Ni ami Pi RNeNN 11 115 1i 1. di 55TH AVE. 50TH AVE. 30TH AVE. 25TH AVE. 20TH AVE. 15TH AVE. 10TH AVE. IOTH AVE. r -. j ,]+ Y ' STH AVE _ i •y f , "°m,? RIDGEMOUNT AVE. RIDGEMOUNT AV] trO. Po pp b 4Po o P o pa ee e00o pppPa tr a0 W aaQ .Pep ap.. P pP as Np pu 99 O2 Pa 9}} Rf' P 2Zwn@CAp Kx88S =GO r Y N pC C A y YtrqrqWMrx[ OiM1 SOViy2yOu 5YYIC3.Ithry, Q, .NO,fyp i, QS8 KN g9p C[ 8] q2 Yqq RREOPFJO¢ {YR- r 2OpiOxr C 2RR1 a Oyaq mUr ppO§0 bg9$ bO0I%mTmrYK aSC2Lp S pX y' 2Yy paN rgzOnp+ X e-+e i jiOiip S mbn 11 201O_crack_repair Pity of Engineering DepartmentIrpPlymouth, Minnesota Eebru)ir#991'k Size D REQUEST FOR PAYMENT DATE: May 19, 2010 FOR PERIOD PLACE: Plymouth, MN FROM: Apri127, 2010 TO: May 19, 2010 PROJECT: 2010 Crack Repair Program PROJECT NO.: 10011 CONTRACTOR: Precision Sealcoating, Inc. ADDRESS: P.O. Box 24 Princeton, WI 54968 REQUEST FOR PAYMENT NO.: 1 and Final SUMMARY: 1. Original Contract Amount $ 120,972.00 2. Change Order - ADDITION $ 0.00 3. Sweeping - DEDUCTION $ 1,670.00 4. Revised Contract Amount 5. Value Completed to Date 121,043.16 6. Amount Earned — Minus Sweeping Deduction 119,373.16 7. Less Retainage 0 % 0.00 8. Sub -Total 119,373.16 9. Less Amount Paid Previously 0.00 10. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 1 and Final 119,373.16 Approved By: Director of Public Works City of Plymouth In Approved By: (CONTRACTOR) Precision Sealcoating, Inc. u: a 2 - Contractor 1— Owner Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE PAYMENT NO. 1 AND FINAL 2010 CRACK REPAIR PROGRAM CITY PROJECT N0. 10011 WHEREAS, the City of Plymouth as owner and Precision Sealcoating, Inc., as contractor, have entered into an agreement for 2010 Crack Repair Program, City Project No. 10011, said agreement being approved on April 13, 2010; 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 $120,972. The total value of the work to date is $119,373.16 and is herewith approved. This final project cost is less than the contract amount by $1,598.84 or 1.3%. 2. That the work performed by the contractor for the 2010 Crack Repair Program and certified to the Council by the City Engineer as acceptable, being the same, is hereby released from the contract except as to the conditions of the performance bond, any and all legal rights of the owner, required guarantees and correction of faulty work after final payment. 3. Request for Payment No. 1 and Final in the amount of $119,373.16 to Precision Sealcoating, Inc. is hereby approved and the Director of Administrative Services is hereby authorized and directed to pay the same forthwith. APPROVED THIS 22ND DAY OF JUNE, 2010 Page 4 rp)City of Plymouth Agenda Number: Adding QoaWy to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Scott Newberger, Utilities Manager June 22, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Item: Designate Consulting Engineer Well No. 17 City Project No. 10024 1. ACTION REQUESTED: 6.07 Adopt the attached resolution receiving engineering proposals and designating an engineer for design and construction services for the above referenced project. 2. BACKGROUND: In the 2010-2014 Capital Improvements Program (CII'), New Well 5A has been identified to provide additional capacity for the Central Well Field. The current Well No. 5 has had capacity and sand problems since it was last rehabilitated. In order to keep in consistent numerical order, Well No. 5A will be designated as Well No. 17. The finished water supply from Well No. 17 will help satisfy the increasing water needs and also accommodate future development. The 1990 and 2000 Comprehensive Plans identified the need for additional well capacity in the Central Well Field. Five sites were identified as possible locations for wells and easements for well purposes at all five sites were dedicated when the property developed in the 1990s. Raw water main was extended with the development of the adjacent parcel to one of the sites depicted in the 1990 Comprehensive Plan (Site 1). The water main is extended approximately half way to another location depicted in the 2000 Comprehensive Plan (Site 2). As was done for the development of Well No. 16, a well investigation is proposed at the two sites nearest to the existing raw water main to determine the best location for Well No. 17. The first phase of the project would be to construct a test well to verify the thickness and competency of the aquifer, obtain water quality samples and study the viability and sustainability of the water supply. Based on the most viable site, the project would include either a well house and permanent generator at Site No. 1 or a submersible well if located at Site No. 2 because of proximity to surronding houses and visibility of the site. Page 1 Requests for proposals were sent to six engineering consulting firms. Six proposals have been received and evaluated by a staff selection committee. The criteria for the evaluation consisted of: Experience performing similar projects Experience of the consultant's project team Project understanding Schedule Proposed engineering fees to complete project The total engineering fees proposed from each consultant are as follows: AE2S - $111,400 -Site No. 1 / $143,200 -Site No. 2 Bonestroo - $93,513 -Site No. 1 / $138,493 -Site No. 2 Bolton & Menck - $95,000 -Site No. 1 / $124,500 -Site No. 2 PCE- $68,995 -Site No. 1 / $153,815 -Site No. 2 TKDA - $83,600 -Site No. 1 / $163,340 -Site No. 2 WSB - $85,008 -Site No. 1 / $145,564 -Site No. 2 The selection committee concluded that the proposal from Bonestroo demonstrates the best response to the evaluation criteria and also is an excellent value to the city. 3. BUDGET IMPACT: This project is identified in the City's 2010 — 2014 Capital Improvements Program (CIP) and 2010 budget for $700,000. Financing will be from the Water Fund. 4. ATTACHMENTS: Map 1990 Comprehensive Plan Exhibit 2000 Comprehensive Plan Exhibit Resolution Page 2 WELL F V\s12„ 1 L% g X12,1 WELL 8 161, m ----- c- — SPARE WELL A 24. 20,"-' 11 9' 0 s' 12 m AV,- lu WELL WELL NO.2 N0.3 0 MG ELEVATED d— RESERVOIR d8If CENTRAL WATER TREA MENT PLANT 0 EXISTING WELLS a WELLL WELL 24' ' NO..5 0 FUTURE WELLS 1N0. 5 ' 2„ d2 611 23 rd 3E.l0. 0L— CENTRAL WELL FIELD LAYOUT PLYMOUTH, MINNESOTA 21 sl AVE. NO. 2° O.7NWELL NO. 1230. T 191h AVE. N OVERSIZED CASING WELLS EXISTING WATER MAINS PROPOSED WATER MAINS t 300 1300 1200 SCALF IN FEET S. R IPra®P d f4rsAlf sPe PR( A llk A c9. PAUL m{nn®w!s Gate: 9/28/90 - Coram. 70251 Fig. N.. z A z M M M z iu M 0 z 1.1 112 Central Well Field Layout Figure 9-2 Wells Existing Future Raw Water Mains Existing Future Water Treatment Plant H 0 600 Feet January 2000 Bonestroo Rosene Nndedik & Associates Engineers & ArchJtects i:l lavpeojettalwatermiaLape view: Wel Field iCwtraik Layout Cerftral Page 5 CITY OF PLYMOUTH RESOLUTION NO. 2010 - RECEIVING ENGINEERING PROPOSALS AND DESIGNATING THE ENGINEER FOR WELL No. 17 CITY PROJECT NO. 10024 WHEREAS, the Well No. 17 is listed as a 2010 project in the 2010-2014 Capital Improvement Program at an estimated total cost of $700,000; and WHEREAS, a request for proposal was sent to six engineering firms that have expertise in well design and construction; and WHEREAS, six proposals were received and evaluated by city staff; and WHEREAS, staff recommends that Bonestroo be designated as the engineer for this prod ect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, Bonestroo is designated as the City's consulting engineer for design and construction administration of the Well No. 17, City Project No. 10024 in the amount of $138,493. FURTHERMORE, BE IT HEREBY RESOLVED, that the funding for this project shall be from the Water Fund in the amount of $ 700,000. APPROVED THIS 22ND DAY OF JUNE, 2010 Page 6 rp) City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING June 22, 2010 To: Prepared by: Reviewed by: Item: 1. ACTION REQUESTED: Agenda Number: Laurie Ahrens, City Manager Doran Cote, P.E., Director of Public Works Approve Wright -Hennepin Cooperative Electric Association Franchise Agreement Adopt the attached resolution approving Wright -Hennepin Cooperative Electric Association Franchise Agreement. 2. BACKGROUND: The previous Franchise Agreement to provide the right to transmit and furnish electric energy in the City of Plymouth expired April 1, 2010. The new Franchise Agreement grants Wright -Hennepin Cooperative Electric Association the right to use the public ways and public grounds to place facilities used to serve customers within the city. It establishes the terms and conditions of use of the public property by incorporating terms from the right-of- way management ordinance of the City regarding location, relocation, providing security for work, permitting process and other related matters. The franchise also establishes the right of the City to require a franchise fee from Wright -Hennepin Cooperative Electric Association in exchange for the privilege of using the public ways and grounds to serve customers within the city. The franchise is for a period of twenty (20) years from the date passed and approved by the City Council. The franchise fee provision is not being exercised by this ordinance. The City's right to charge a franchise fee is preserved in the ordinance, but requiring a separate ordinance. 3. BUDGET IMPACT: The proposed Franchise Agreement has no budgetary impacts, but does preserve the City's right to charge a franchise fee. 4. ATTACHMENTS: Franchise Agreement Resolution Page 1 ORDINANCE NO. CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ELECTRIC FRANCHISE ORDINANCE AN ORDINANCE GRANTING A FRANCHISE TO WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION, ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES IN THE CITY OF PLYMOUTH, MINNESOTA, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF PLYMOUTH, HENNEPIN COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Plymouth, County of Hennepin, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sanitary sewer, storm sewer, and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Wright -Hennepin Cooperative Electric Association, its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A written notice served by one parry on the other parry referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the President/Chief Executive Officer of Wright -Hennepin Cooperative Electric Association at 6800 Electric Drive, Rockford, MN Notice to the City shall be mailed to the City Manager, City Hall, 150834-v1 Page 2 3400 Plymouth Blvd. Plymouth, MN 55447. Either party may change its respective address for the purpose of this Ordinance bywritten notice to the other party. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 01-7 years from the date this Ordinance is passed and approved by the City, the non-exclusive right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as maybe imposed by the City pursuant to ordinance and to the further provisions of this ordinance. 2.2 Franchise Fee. The City reserves all rights under Minn. Stat. % 216B.36 and 301B.01 to require a franchise fee at any time during the term of this ordinance. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee schedule. The fee shall be set forth in a separate ordinance and not adopted until at least sixty (60) days after notice enclosing such proposed ordinance has been served upon the Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, including but not limited to the requirement of concurrent permit fees to defray costs of utility operations, each hereby consents to the jurisdiction of State District Court, Hennepin County, to construe their respective rights under the law, subject to all rights of appeal. City and Company expressly reserve all rights and arguments concerning franchise fees and related issues and this paragraph is not intended, and shall not be construed, as a waiver of any such rights or arguments. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share 150834-v1 Page 3 the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as maybe permitted bylaw or equity. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt or interfere with normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, and location and relocation of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will promptly remove abandoned Electric Facilities interfering with a City improvement project, but only to the extent those Electric Facilities are uncovered by excavation as part of the City improvement project. 3.2 Field Locations and Mapping Information. Company shall provide field locations for its underground Electric Facilities within City, including any abandoned Electric Facilities consistent with the requirements of Minnesota Statutes, Chapter 216D. Company shall provide accurate and current mapping information for any of its Electric Facilities in accordance with Minnesota Rules Parts 7819.4000 and 7819.4100 and other applicable state and federal laws. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, in accordance with Minnesota Rules Part 7819.1100, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4. 150834-v1 Page 4 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. Except in emergencies, the City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (1) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. The Company shall comply with Minnesota Rules, Part 7819.3100 and applicable City Ordinances, regarding the use of Public Rights of Way and Public Grounds and relocation of facilities. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Companys expense to relocate or remove its Electric Facilities from Public Ground upon a finding by the City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46., as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Companys rights under state or county permit. 150834-v1 Page 5 SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City, but only to the extent Company finds the trimming and cutting necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Companys plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Companys determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability -under Minnesota Statutes Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right of way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 150834-v1 Page 6 SECTION 9. PROVISIONS OF ORDINANCE. 9.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 9.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 10. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 11. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. SECTION 12. EFFECTIVE DATE; WRITTEN ACCEPTANCE. This franchise shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City Council may revoke this franchise if Company does not file a written acceptance with the City within 90 days after publication. ADOPTED by the City Council of the City of Plymouth, Minnesota this day of 2010. CITY OF PLYMOUTH Kelli Slavik, Mayor ATTEST: SandyEngdahl, City Clerk 150834-v1 Page 7 Date Published: 150834-v1 Page 8 PUBLICATION SUMMARY OF CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA OfFFICIAL SUIV MMARY FOR PUBLICATION ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO HENNEPIN-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION Ordinance Number grants Hennepin -Hennepin Inc. a non-exclusive franchise to construct and operate facilities and equipment for the transportation, distribution and sale of electricity within the City and authorization to use public ways and public ground for such purpose. The term of the franchise is eee The franchise ordinance provides for regulations regarding the location and relocation of Hennepin -Hennepin electric facilities within public rights of way and on public grounds, and includes provisions regarding insurance and indemnification, tree trimming, vacation of public ways, and other matters pertaining to the transmission and distribution of electricity to customers within the City. Printed copies of both ordinances are available for inspection by any person during the City Hall regular office hours. Approved for publication by the City Council of the City of Plymouth, Minnesota this day of , 2010. CITY OF PLYMOUTH Kelli Slavik, Mayor ATTEST: Sandy E ngdahl, City Clerk Date Published: 150834-v1 Page 9 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING ORDINANCE 2010 - AN ORDINANCE RELATING TO A FRANCHISE AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND WRIGHT-HENNEPIN COOPERATIVE ELECTRIC ASSOCIATION WHEREAS, Ordinance No. 2010- establishes a franchise between the City and Wright -Hennepin Cooperative Electric Association for the right to transmit and furnish electric energy in the city; and WHEREAS, The franchise grants Wright -Hennepin Cooperative Electric Association the right to use the public ways and public grounds to place facilities used to serve customers within the city. It establishes the terms and conditions of the City regarding location, relocation, providing security for work, permitting process and other related matters; and WHEREAS, The franchise also establishes the right of the City to require a franchise fee from Wright -Hennepin Cooperative Electric Association in exchange for the privilege of using the public ways and grounds to serve customers within the city. The franchise is for a period of twenty (20) years. The franchise fee provision is not being exercised by this ordinance. The City's right to charge a franchise fee is preserved in the ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that this Ordinance No. 2010- has been approved by the City Council on June 22, 2010. A printed copy of the full text of the ordinance is available for public inspection in the office of the City Clerk. APPROVED THIS 22ND DAY OF JUNE, 2010. Page 10 City of Agenda 6 . 0 9PlymouthNumber: Adding Qkelity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Sandy Engdahl, City Clerk June 22, 2010 Reviewed by: Cal Portner, Administrative Services Director Item: Application of Old Chicago to extend the Licensed Premises for an Outdoor Event to be held June 30 1. ACTION REQUESTED: Adopt Resolution Approving the Application of Old Chicago to extend their Licensed Premises for an Outdoor Event to be held on June 30. 2. BACKGROUND: Old Chicago has requested to extend their outdoor seating area for the evening of Music in Plymouth. Attached is their drawing on the configuration of the oudoor seating area. This area would include the sale of food and beverages, including liquor. Since their liquor license is only valid for their physical building and their permanent outdoor seating area, the Council would need to approve the request to extend their licensed premises for this one -time -only event. They also received Council approval in 2009 for last year's event with the same conditions as outlined below. As required, the applicant has submitted a certificate of liability insurance coverage for the event area. Staff is recommending approval of the request with the condition that the outer perimeter of the seating area being secured by a three-foot high temporary fence with one entrance and egress point. 3. BUDGET IMPACT: There is no fee to extend the licensed premises. 4. ATTACHMENTS: SEATING AREA DIAGRAM CERTIFICATE OF INSURANCE RESOLUTION Page 1 Jun 19 08 02:80p 0.1 Page 2 ga 4co,r CERTIFICATE OF LIABILITY INSURANC fC DATE (rAM10D1Y1'YY) 1/3010 6/11/2010 PRODUCER Lockton Companies; I,LC Denver THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION S I 10 E Union Avenue ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Suite 700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Denver CO 50237 303)=114.6000 INSURERS AFFORDING COVERAGE NAIC # INSURED Wadsworth Old Chicago, Inc, INSURER A: Greenwich his. Co. 1070630 248 Centennial Parkway, Suite 100 INSURED B:.XLSpecialty Insurance Company Louisville, CO 80037 INSURER C; Fireman's fund Insurance Company 21573. INSURER D: Beazlev Insurance Comnanv. Inc. 137540 r"lIV CD n f]CQ 0nnunn1 M13 ....___. o,ien oenoeerisrnrn7cno eonnilcco __.._-_-__-..__ - ENh TllF [`FRTFII'GTF HAI I]FR.. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED"HEREIN IS SUBJECTTO ALLTHE TERMS, EXCLUSIONS'AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS.SHOWNMAY HAVE SEEN REDUCED BY PAID CLAIMS. INSRLTR DO' NSRC TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVEDATE(MMIDDrrM)- POLICY EXPIRATIONDATE'(MMIDDIYYYY) LIMITS A GENERALLIABILITYEACHOCCURRENCE X COPAMERCIALGENERALLIABIUTY RGE943731.602 1011/2009 10/1/..01.0 S 850;000 DAMAGE TO RENTED PREMISES7Eaoceurrenas} S 200,000 MED EXP (Any one Person) 'S XXXXXXX RE?RESENTATIVES. CLAIMS MADE a OCCUR, AUT.iO D: REPRES'N%TI,E C v-yj f PERSONAL & ADV INJURY S 850,000XLiquor $850,000 X 51125150,000 GENERAL AGGREGATE $ 1,850,000 PRODUCTS -.COMPIOPAGG- S 1,850,000GEN•LAGGREGATE UMIT'APPLIESPER, POLICY PRO- JECT . 1XLOC A AUTOMOBILE X LIABILITY' ANY AUTO RAG943705105 10/1/2009 10/112010 COMBINEb SINGLE LIMIT Ea accident) S 1,000,0p0 6ODILY INJURY -S, XXXXXXXPerPerson)' ALL.OWNED AUTOS SCHEDULED Aldi OS" BODILY INJURY Per accident) $" XXXXXXXHIREDAUros NON -OWNED AUTOS PROPERTY DAMAGE _:S, XXXXXXXPeraccident)' . GARAGELIABILITY AUTO ONLY - EA ACCI DENT "S' XXXII(NEXX. OTHER THAN EA CCC S XXXXXXX. ANY AUTO NOTAPPLICA]BLE AUTO ONLY: AGG S XXXXXXX EXCESS I UMBRELLA LL481UTY EACH OCCURRENCE S 25,000,000 AGGREGATE s 25;000.000CXOCCUR CLAIMS MADE SSE71315899 10/1/3009 10/1/2010 s. XXXXXXX UMBRELLA DEDUCTIBLE. 0 FORM 5- XXXXXkx X RETENTION $10,000 B B WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN ANY pRopRjErOR,1,ARTNCWEXECUTIVE OFFICERIMEMBER EXCLUDED? Mandatory In NH) PlArD943505605(AOS) IZWR943505705OVI) 10/1/3009 10/1/2009 10/1/2010 10/11201.0 l^1C.STATU- " OTH- . TORYUMrrs ER E.L. EACH ACCIDENT 'S 1,000,000 E.L. DISEASE - EA EMPLOYEE 5 1,000,000 E.L DISEASE - POLICY LIIdIT .5 11000,000ifgas, desaibe under S. ECTAL PROVISIONS below 17 OTHER Propeny "Atli Risk" V 15010091 10/1 200.9 701120.10 Limit S5,000,000 100! Replacement Cost BI 12.mos ;(Actttal LossSusudned)- DESCRIPTION. OF OPERATIONS I LOCATIONS:I VEHICLES PEXCLUSIONS'ADDED BY ENDORSEMENT SPECIAL PROVISIONS Wads voltli Old.Chicago, Inc., &b/a Old Chicago, 3505 Vicksburg. Ln 9100,Plymouth, TAN 5.5447. Coverage includes expanded portion: of the licensed premises for June 30 Music in,the Park event. GtK 1 II -Il A I C MV LUMM vim+ `"- -^ ""'• 10908861 SHOULD ANYOF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THEISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Plymouth City Clerk's Olrce NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL 128 Smith St IMPOSE NO.OBLIGATION OR"LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR P1VlnOUth. 1\'iN" 53073 RE?RESENTATIVES. AUT.iO D: REPRES'N%TI,E C v-yj f nc igRR_2nn9 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks.of ACORD Foryuosdonr g.,ding tPia.eortifieato, eontncttha numbw liatod Inth.?,cd.--suction aboveandapodry th climt-O'ROCBOa,'. Page 3 CITY OF PLYMOUTH RESOLUTION NO. 2010 - A RESOLUTION EXTENDING THE LICENSED PREMISES FOR OLD CHICAGO, 3505 VICKSBURG LANE WHEREAS, Old Chicago, 3505 Vicksburg Lane, desires to conduct an outdoor event on June 30; and WHEREAS, the licensee would be extending their licensed premises to include the additional outdoor seating area, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the request to extend the licensed premises is hereby approved with the condition that the outer perimeter of the seating area being secured by a three-foot high temporary fence with one entrance and egress point. Approved this 22nd day of June, 2010. Page 4 rp)City of Agenda 8.1 Plymouth Number: v Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Joshua Doty, Senior Planner COUNCIL MEETING Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, June 22, 2010 Community Development Director Site plan amendment to expand the north and east Item: parking lots and to construct parent/child staging area for Birchview Elementary School located at 425 Ranchview Lane (2010023) 1. ACTION REQUESTED: Move to adopt the attached resolutions approving: 1) A site plan amendment requested by Inspec. Inc. for Birchview Elementary School, as recommended by the Planning Commission, and 2) No parking signage to be placed on the north side of 5th Avenue. The signage shall restrict parking from 8:00 a.m. to 4:30 p.m. on school days. Approval of the attached resolutions requires a 4/7 vote of the City Council. 2. BACKGROUND: At their June 2, 2010 meeting, the Planning Commission voted unanimously to recommend approval of the proposal. The applicant was present in support of the request. In addition, two residents spoke at the meeting. The Planning Commission staff report and minutes are attached. Notice of the June 2, 2010 Planning Commission public meeting was sent out to all property owners located within 200 feet of the site 10 days prior to the public meeting. A copy of the notification area map is attached. No Parking Petition for Srh Avenue Prior to the Planning Commission meeting, the applicant submitted a request for no parking signage to be placed on the south side of 5th Avenue. Two residents spoke at the meeting that the no -parking signage should be on the north side of the street. Staff responded that signage is placed on the side of the street where the petition was received. The applicant responded that the school would withdraw their petition so that the residents could submit a petition for no -parking signage on the north side of the street. After the meeting, residents along 5th Avenue submitted a petition (attached) for the city to place no parking signs on the north side of 5th Avenue. The residents asked that the signs restrict parking Page 1 2010023 Page 2 between 8:00 a.m. and 4:30 p.m. during school days. The petition further requests that the city and the school district consider no -parking signage for both sides of 5th Avenue. The applicant supports signage on the north side of the street but does not agree to signage on both sides of the street (see attached school district letter). Sah Avenue North A resident spoke at the meeting that they would prefer bus traffic on 5th Avenue to additional vehicle traffic, as bus traffic is twice a day during specific times. The applicant responded that their goal is to separate bus traffic from vehicle traffic. The applicant also stated that it would be difficult for buses to turn onto 5th Avenue from the site. A resident stated that parents will use 5th Avenue to park whether the staging lane is constructed or not and suggested that angled on -street parking should be constructed on the south side of 5th Avenue. Staff responded that angled on -street parking would be a safety issue, as vehicles westbound on 5th Avenue would perform u -turn movements across traffic to park. Parent/Child Turn Around The Planning Commission asked if the parent/child staging lane would be used for parking. The applicant responded that they would not advertize the staging lane as a parking area but would like to use the area for parking during larger events. Sidewalks A resident requested sidewalks along 5th Avenue and along Ranchview Lane. Staff responded that the City of Plymouth received a federal "safe routes to school" grant, which the city would use to construct a segment of sidewalk on the south side of 5th Avenue between the cul-de-sac and the proposed staging area. In addition, the city would also construct a sidewalk on the west side of Ranchview Lane from 6th Avenue to the school's north entrance. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes No Parking Petition from 5th Avenue Residents No Parking Petition withdrawal from the Wayzata School District Planning Commission Report with Attachments Resolution Approving Site Plan Amendment P:\CommDev\STAFFREP\CC\2010\2010023 Birchview Elementary SPA CC.docx Page 2 Draft king Commission Minutes 2, 2010 P Commissio er Kobussen asked if individuals stay there all day. Ms. Anderson reel' that not everyone stay 11 day as it depends on what their needs are. She said that f ' ies who are supporting their erly parent may need someone for the whole day or they ay just want a couple of hours. She aid the majority of individuals would probably come four to six hours. Commissioner Kobussen a ed if there would be any parking issues i everyone came and left at the same tunn • e. Ms. Andersoeplied that they would be trans ted by someone else so the existing parking spaces would be 4equate. Chair Davis asked if all their clients dXregularclient or if they would take drop -ins. Ms. Anderson replied that they would be peopl ho hav cen referred to them. She said that they are paid by medical assistance and other pr r ged funding contracted through Hennepin County. Chair Davis openedXasno e pub ' hearing as t\anpresent to speak on the item. Commissioner Kobthere was a perfectly to grant the conditional use permit. He said reason to have the bpty. IIe said it looked like a good use for inot create a hardship d. He said obviously, we could use this seuth and he would vote in support of this request. MOTION by ommissioner Kobussen seconded by Commissioner Anderson,% a<day e the request by mmunity Connections Partnership for a conditional use permit for acare for proW4 located at 3431 State Highway 169. Ck6ir Davis said that he agreed with Commissioner Kobussen that this was a goor_i_ i&,a; a goN place for it and it is good to have more services in Plymouth. He said that he would also vote in support of this request. Roll Call Vote. 5 Ayes. MOTION approved unanimously. 7. NEW BUSINESS A. INSPEC, INC. (2010023) Chair Davis introduced the request by Inspec, Inc. for a site plan amendment to expand the north and east parking lots and to construct a parent/child staging area at Bircbview Elementary School for property located at 425 Ranchview Lane North. Senior Planner Doty gave an overview of the staff report. Commissioner Aamoth asked why this application is not subject to the city tree preservation ordinance. Senior Planner Doty replied that applications that are subject to the tree preservation requirements are applications that involve a subdivision or platting of land and this request does not have that application with it so it is not subject to tree preservation. Page 3 Draft Planning Commission Minutes June 2, 2010 Page 3 Commissioner Anderson asked for the impervious surface coverage before and after the proposed addition to the parking lot. Senior Planner Doty replied that number was not readily available. He added that this site is not within a shoreland district so it is not a requirement that it be under a certain level of impervious coverage. Commissioner Anderson said that coverage was generally pretty low so it probably would not be an issue. Commissioner Kobussen asked if the eastern parking lot is used for buses to drop off and pick up and whether they let the parents into that area. Senior Planner Doty replied that presently the school uses the easterly drive for a bus staging area and the proposal under this plan is for that practice to continue. He said that when the buses aren't there, the area is used for parking but when the buses are there, it is impossible to use those parking spaces until the buses leave. Commissioner Kobussen said that he just wanted to make sure that the parent drop off couldn't be placed in that parking lot and mix the uses and that is the reason why they are proposing the separate parent/child staging area. Senior Planner Doty said that the applicant could best address their proposal as they had gone through a number of plan revisions. Commissioner Kobussen added that 5"' Avenue North is narrow there and doesn't allow very well for traffic. Chair Davis introduced the applicant, Joe Matson, representing Wayzata Public Schools. Mr. Matson said that it is important to them to be good neighbors and that they appreciate their neighbors. He said that they also have the responsibility to students, staff and parents to provide a safe environment. He said that a trend has developed over the years where more people are driving children to school. He said that the school district has had to adapt to this increased traffic flow and they have done that at several of their schools. IIe said Birchview was one of the last to be addressed. He said that they have very similar drop off loops at both Greenwood and Oakwood and they are functioning very well. He said that they hope to accomplish three goals with this project. He said that they hope to improve safety, to improve congestion on 5th Avenue and to improve congestion in the 5th Avenue parking lot. Mr. Matson said that they feel that the parent/child staging area would greatly improve safety. He said that it would allow students to jump out of the car onto the sidewalk and get into school. He added that they would paint a yellow safety stripe on the sidewalk. Mr. Matson said that by allowing more vehicles to leave 5th Avenue and get into the staging area, it should help the congestion on 5th Avenue. He said that it would also improve the traffic flow and it would be a more efficient system for parents to pick up their children and leave fairly quickly. Mr. Matson said that by expanding the parking lot, they would also relieve congestion by being in compliance with drive aisles, size of parking stalls and by increasing the number of parking stalls. He added that it was a tough site to work with and that they had several drafts. He said that they settled on this one because it was similar to the system being used at the two other schools where it works well. Page 4 Draft Planning Commission Minutes June 2, 2010 Page 4 Commissioner Aamoth asked if this was the first opportunity that the public had a chance to weigh in on the proposed parent/child staging area. Mr. Matson replied that there were informal meetings. Chair Davis asked if there would be any way to prevent people from parking in the drop off area during nonschool hours. Mr. Matson replied that they would not encourage it but that they would not want to say there could be no parking during nonschool hours as it would be additional parking for evening users to use. Chair Davis asked if it would be wide enough for two cars to traverse the circle. Mr. Matson replied that it was designed for that. Chair Davis introduced Terry Ray, 15610 5"' Avenue North. Mr. Ray said that they had originally looked at a plan that had bus traffic going on 5"' Avenue and now this plan encourages and promotes having the common car traffic into that drive area. He said that his concern is not so much about where students get dropped off on school property but it's the result of it. He said that they are concerned with what happens with that street. He said that bus traffic comes in twice a day and there is going to be some congestion but it can be dealt with. He said that with this plan, there is more traffic. He said that it is heavily congested in the mornings and afternoons and they are dealing with hundreds of unprofessional drivers. He said that they have all benefitted from living across from the school and they don't want to be bad neighbors. Mr. Ray said the school district has tried to address the onstreet parking issue with this plan with no parking on the south side. He said that this was the first winter that he didn't have to replace his lawn because he had placed fence posts along his curb. He said that parking should be on the side of the school rather than on the residence side. Mr. Ray said that the issue with this proposed drive and drop off section is that even though parents now choose to drop their kids off, they park on 5t13 Avenue and walk their children to the door. He said the street is jammed no matter what. He said that in short, they would prefer bus traffic to public traffic on that street during peak times. Mr. Ray asked how much wear and tear the public traffic would put on their brand new street. He said that what happens at other schools doesn't have to happen at theirs. He said one idea would be to take the school side of 5th Avenue that's not woods and include a 45 -degree, diagonal parking lot up and down 5"' Avenue. He said that would increase parking, plus it would get rid of no parking on the one side of the street. Chair Davis introduced Jennifer Peterson, 500 Ranchview Lane North. Ms. Peterson said they negotiate that crossing of 5th Avenue every day. She said that she sees many near misses with children walking on the road with buses and cars coming and going. She said that while she fully supports what the school district is trying to do, the parking should be on the south side of 5"' Avenue to clear up the other side of the road so children would be getting out of the cars on the safe side of the road and not have to cross the road. She said they should reconfigure the parking area so that the turnaround that is there is used and have parking further in the back. Page 5 Draft Planning Commission Minutes June 2, 2010 Page 5 Ms. Peterson said that she would also like to see sidewalks along 5th Avenue going down and along Ranchview Lane. She said that if they could encourage parents and children to walk to school, it would also cut down congestion on 5th Avenue. She said that she encouraged this request but to give careful thought to other opportunities for trails to go along 5th Avenue and Ranchview Lane to keep the children off the roads, Planning Manager Senness asked that if the neighborhood wished to have no parking on the north side of 5th Avenue, how many residents would have to support a petition. City Engineer Moberg said that they could accept a petition from only one resident but that the City Council would want an understanding that there is a clear majority of residents supporting that. Chair Davis clarified for the audience that if the school district submits the petition for no parking, there would be no parking on the south side of 5th Avenue. He said that if the residents of 5th Avenue that live on the north side of the street submit the petition, there would be no parking on the north side. Planning Manager Senness added that the residents could talk to the City Engineer about how to go about bringing that petition to the City Council, Mr. Matson clarified that they would gladly withdraw their petition if the residents wanted no parking on the north side. Mr. Matson said that their concern for a parent drop off area is that 5th Avenue is quite narrow for buses making that corner. He said that with the parking lot there, there would still be quite a number of vehicles. He said that it was their goal to separate the car traffic from bus traffic and keeping access on separate streets was their best view to do that. City Engineer Moberg said that with regards to vehicle usage of. the roadways, most formulas that are looked at in terms of traffic loading assign much heavier values to buses and trucks than they do to automobiles. He said that the amount of wear and tear provided by a single semi - truck is equivalent to the wear and tear provided by 25 to 30 vehicles. He said that Mr. Ray was correct in that 5th Avenue was reconstructed in 2005. He said that the city standard for residential streets is to design those streets to a 7 -tan design, so it has quite a long pavement life. Planning Manager Senness asked if there were any plans to add additional sidewalks along 5th Avenue and Ranchview Lane. City Engineer Moberg replied that as part of the Safe Routes to School program and in addition to the sidewalk that is being proposed along the south side of 5th Avenue from the cul-de-sac over to the proposed turnaround, they are also looking at extending a north/south sidewalk from 5th Avenue down to 3rd Avenue along the westerly portion of school property. He said there is nothing proposed along Ranchview Lane. Mr. Matson said that the primary reason for the proposed placement of the parent/child drop off area is the direct access to the main doors. He said that the existing sidewalk from the main entrance would allow direct access to the turnaround. City Engineer Moberg said that if diagonal parking on 5th Avenue were to be considered, it would need to be oriented so that it would work with eastbound traffic on 5th Avenue. He said Page 6 Draft Planning Commission Minutes June 2, 2010 Page 6 for any vehicles to use that, they would have to travel the entire length of 5th Avenue, turn around in the cul-de-sac and come back to use it or else face some very dangerous maneuvers of somebody trying to swing around into a 45 -degree parking installed along the street. He said that would not be something that would be supported very easily, Chair Davis said that the sidewalk on 5th Avenue from the turnaround to the cul-de-sac seems to be a place for parents to drop off their children and not even bother with the turnaround. He said that would muddle traffic and the intent is to get them into the turnaround. Commissioner Anderson asked how the number of stalls in the drop off area was determined. Mr. Matson responded that they do not foresee a problem in the mornings as parents drive in to drop off their student and drive right out. He said that some do park and walls into the building and that they would encourage them to use the parking lot. He said that the drop off area would be for them to stay in their cars during the critical times of school start and dismissal and wait for their student to come out and keep it moving. He said that at dismissal time in the evenings, they do back up. He said that they felt 18 vehicles are what could safely get in that area. He said that they do not know the exact number of cars that get staged there and that they do presently back up on to 5th Avenue. IIe said that they are trying to get more parents into the site. He added that they would work with parents and encourage them to use that drop off area as intended. Commissioner Kobussen asked how busy they anticipate the parking lot to get during the school day and if it is used in the evenings. Mr. Matson replied that during the day, it is pretty full and parking spills out into the street. He added that there are 66 existing stalls. Senior Planner Doty added that there would be 12 new parking spaces added with the proposal, which would bring the amount of parldng into conformance with the zoning ordinance standards at the exact minimum. Commissioner Aamoth asked what other standards were to be looked at for this project besides parking, lighting, stormwater runoff and tree removal. Senior Planner Doty replied that there are parking setbacks and drive aisle setbacks. He added that traffic is part of the review. Chair Davis said that he would vote in support of this request because it is an attempt to get vehicle traffic organized, He said that it would not bring more traffic but it would make it safer for the children. Commissioner Anderson said that the additional parking would help out. He said that it may not be perfect but it certainly is a great effort that the school district is putting forward. He said that the school district would be willing to withdraw their petition for no parking on the south side of 5th Avenue and let the residents apply for no parking on the north side of the street. He said that was a great gesture and he would vote in support of this request. Commissioner Kobussen said that he did not see how any other plans could work better than what was submitted. He said that there should definitely be a requirement for no parking on one Page 7 Draft Planning Commission Minutes June 2, 2010 Page 7 side of the street and that should go to the City Council. He said that his only other concern was if enrollment was to go up or down and that would determine the traffic situation. Mr. Matson confirmed for Chair Davis that there is a before -school program at this school. Commissioner Aamoth said that this did not seem like an ideal solution but the project did seem to comply with the ordinance and the comprehensive plan. He said that he is hopeful that the school district would continue to find additional ways to work with the residents. Commissioner Robinson said that this is an attempt to address an existing problem and obviously it is not an ideal solution. He added that it was very nice to see the school district working with the residents. He said that everything meets the standards of the ordinance and that he would vote in support of this request. MOTION by Commissioner Robinson, seconded by Commissioner Kobussen, to approve the request by Inspec, Inc. for a site plan amendment to expand the north and east parking lots and to construct a parent/child staging area at Birchview Elementary School for property located at 425 Ranchview Lane North. Vote. 5 Ayes. MOTION approved. B. STEVE AND ROBERTA DAHL (2010036) Chair Davis introduced the request by Steve and Roberta Dahl for a variance to a rear -yard settack for a patio for the property located at 5545 Ximines Lane North. Senior P er Darling gave an overview of the staff report. Senior Planner Darling ng d that a letter had bee •eceived and added to the public record. Commissioner Kobu'ss n said that there appeared to be a violation of the etback on the south side of the lot as well a asked if two variances would be needed enior Planner Darling replied that she had talked to e applicant and if this request we r o be approved for the rear - yard variance, the applicant won e willing to move the pati rther north or reduce its size in order to stay six feet from the adjacen roperty. Senior Planner Darling confirmed for Chair vi at the rear -yard setback is the west side of the property. Commissioner Kobussen asked whic ay the water w d drain from the property. Senior Planner Darling replied that there s no infoi7nation on drain eat this time. TChairDavisintroducedthpplicant, Steve Dahl, 5545 Ximines Lane orth. Mr. Dahl said that the purpose of this pr ' ct was to create an area for their children to safely ay. He said that the larger patio area uld be for their children to be able to shoot baskets. Hes that the reason for the size o i19 feet is to be able to shoot a free throw, which is the minimus distance for basketbal Page 8 Petition for No Parking The residences of 51h Avenue, across from Birchview Elementary School, are requesting no parking signs for the north side of the street. The no parking request is for No Parking during the hours of Sam -- 4:30pm during school days. As a second consideration, we would request consideration for the No Parking signs to be on the entire street (north and south sides) with the approval of the school. This is necessary due to increase traffic and the smaller street width. I agree with the Petition request above. Name (Print) Signature Address Al D ` fP v ea. t2tv1 wi j'rYr' C IN l Page 9 Josh Doty rn ni niuu un From: Joe Matson [Joe.Matson @wayzata.k12.mn.us] Sent: Monday, June 14, 2410 12:18 PM To: Josh Doty; Bob Moberg Cc: Tom Koch; Jim Westrum Subject: 5th Street Parking Bob, Josh: The Wayzata Public Schools would like to withdraw its request, asking for no parking on the south side of 5th avenue in lieu of the residents request for no parking on the north side of 5th avenue. In addition, we would support language on the signs that limits the no parking on the north side of 5th avenue from 8:oo AM to 4:30 PM on school days. The Wayzata Public School would not be in favor of any type of parking restrictions on the south side of 5th Avenue. Thank you Joe Matson Page 10 Agenda Number File 2010023 7 As PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Joshua Doty, Senior Planner (509-5453) through Barbara Sennes s, Planning Manager MEETING DATE: June 2, 2010 APPLICANT: Inspec Inc. PROPOSAL: Site plan amendment to expand the north and east parking lots and to construct a parent/child staging area LOCATION: Birchview Elementary School, 425 Ranchview Lane North GUIDING: P -I (Public/Semi-Public/Instih2tional) ZONING: RSF-1 (Single Family Detached 1) REVIEW DEADLINE: July 13, 2010 DESCRIPTION OF REQUEST: The applicant is requesting a site plan amendment to allow an expansion of the east and north parking lots and to construct a parent/child staging area for Birchview Elementary School. The north parking lot would be widened approximately 25 feet to add seven parking spaces and bring the parking stalls and drive aisles into conformance with present zoning requirements. The east parking lot would be widened approximately 45 feet to add five parking spaces. A parent/child staging area would be constructed west of the north parking lot. Access to the staging area would be from 5"' Avenue. The staging area and parking expansions are being requested to relieve congestion on 5t" Avenue. New sidewalk would be constructed adjacent to the staging area to allow children access to and fi•om the building. No changes are proposed to the existing school building at this time. Page 11 2010023 Page 2 This application could have been processed administratively, however there is residential property within the 200 -foot notification area, requiring review at the Planning Commission and City Council. Notice of this public meeting was mailed to all property owners within 200 feet. The notification area map is attached. CONTEXT: Surrounding Land Uses Natural Characteristics of Site The subject property is located within the Bassett Creek and Minnehaha Creek drainage districts. No portion of the property lies within a 100 -year floodplain, shoreland management overlay district, or delineated wetland. There are mature trees on the property and the application is not subject to tree preservation. Previous Actions Affecting Site Birchview Elementary School was constructed in 1969. In 1994, the City Council approved a site plan amendment to allow the construction of 19 additional parking spaces. In 1995, the City Council approved a site plan amendment and conditional use permit amendment to allow a 6,500 -square foot building expansion and remodeling project. In I996, the city administratively approved a plan modification to allow installation/replacement of playground equipment. In 2000, the city administratively approved a plan modification to allow installation of an outdoor reading area. In 2008, the city administratively approved a plan modification to allow grading improvements. Page 12 Pciacent Lind Use,` GurdYn` Zonm Noirth an. ig+ai Single -Family Homes LA -I RSF-] Sout1 Single -Family Homes LA -I & P -I RSF-] Wrest Single -Family Homes & LA -I RSF-] Church of Jesus Christ LDS Natural Characteristics of Site The subject property is located within the Bassett Creek and Minnehaha Creek drainage districts. No portion of the property lies within a 100 -year floodplain, shoreland management overlay district, or delineated wetland. There are mature trees on the property and the application is not subject to tree preservation. Previous Actions Affecting Site Birchview Elementary School was constructed in 1969. In 1994, the City Council approved a site plan amendment to allow the construction of 19 additional parking spaces. In 1995, the City Council approved a site plan amendment and conditional use permit amendment to allow a 6,500 -square foot building expansion and remodeling project. In I996, the city administratively approved a plan modification to allow installation/replacement of playground equipment. In 2000, the city administratively approved a plan modification to allow installation of an outdoor reading area. In 2008, the city administratively approved a plan modification to allow grading improvements. Page 12 2010023 Page 3 LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a site plan amendment is limited to whether or not the proposal complies with the comprehensive plan and zoning ordinance requirements. If it meets these standards, the city must then approve the site plan amendment. ANALYSIS: Site Plan Amendment The applicant is requesting a site plan amendment to allow: 1) reconstruction of the north parking lot; 2) reconstruction of the east parking lot; 3) construction of a parent/child staging area; 4) construction of pedestrian walkways; 5) lighting improvements; and 6) construction of a rain garden and infiltration basin. The applicant states that the project is being requested to relieve congestion and improve safety. Wayzata School District has made similar improvements to nearly all of their elementary schools, including: Plymouth Creek Elementary, Kimberly Lane Elementary, Gleason Lake Elementary, Sunset Hill Elementary, and Oakwood Elementary. To bring the north parking lot into conformance with city requirements and to allow space for the parent/child staging area, the west side of the parking lot would be reconstructed approximately 98 feet to the east and the west side of the lot would be reconstructed approximately 107 feet to the east. The existing two accesses would also be relocated to the east (refer to attachments). The parking stall layout and circulation would remain the same. The east parking lot would be widened 45 feet to add five parking stalls. A new parent/child staging area would be constructed northwest of the school building. Access for the siaging lane would be from 5"' Avenue in roughly the same location M the present west access to the north parking lot. The staging area is being requested to relieve congestion on 5t" Avenue. Approximately 18 cars could stage at one time. The area would be used for a parent drop-off zone in the morning hours and a pick-up zone in the afternoon. New sidewalk would be constructed adjacent to the staging area with connections to the school and 5"' Avenue. The City of Plymouth received a federal "safe routes to school" grant, which the city will use to construct a new sidewalk on the south side of 5"' Avenue with a connection to the parent/child staging area. The school district would construct the sidewalk around the staging area and the sidewalk connections to the school building. The applicant has submitted a request to the city to place no parking signage on the south side of 5"' Avenue. The City Council must approve petitions for no -parking on city streets. The City Council will act on this petition at the same time as the subject site plan amendment request. The zoning ordinance contains specific standards for approval of a site plan. Staff has reviewed the application with these standards and summarized them as follows: Page 13 2010023 Page 4 Storm Water Runoff The city requires that storm drainage systems be designed so that the post -development rate of runoff from a site does not exceed the pre -development rate of runoff. Additionally, the city requires treatment of storm water runoff before it enters the drainage system. To accommodate post -development runoff, the applicant is proposing to construct a rain garden northeast of the school in the existing wooded area. The applicant is also proposing an infiltration basin in the center of the staging area. With the conditions in the attached resolution, the proposed drainage plan complies with city regulations. Page 14 Standards for the'RSF-1 District Required Faro osed Complies? Parking Setback. Front 20 feet 22 feet to North (North Lot) Yes 80 feet to East (East Lot) Yes Drive Aisle Setback Front 30 feet 30 feet (North Lot) Yes Front 30 feet 100 feet (East Lot) Yes Parking Spaces 93 spaces 93 spaces Yes 81 existing parking spaces, 12 new parking spaces) Lightinga Shielding Parking Lighting_ Fully -Shielded Fully -Shielded Yes 1Vlaximum Wa#cage Per Fixture Parking'Ling 150 watts 110 watts Yes Watts per Sq. Ft. ParkingLghting 0.040 0.035 Yes North Lot) Staging Lighting 0.040 0.031 Yes West of North Lot) Parking Lighting:0.040 0.032 Yes East Lot) Fixtnre' Height Parking Lighting 25 feet 25 feet Yes Storm Water Runoff The city requires that storm drainage systems be designed so that the post -development rate of runoff from a site does not exceed the pre -development rate of runoff. Additionally, the city requires treatment of storm water runoff before it enters the drainage system. To accommodate post -development runoff, the applicant is proposing to construct a rain garden northeast of the school in the existing wooded area. The applicant is also proposing an infiltration basin in the center of the staging area. With the conditions in the attached resolution, the proposed drainage plan complies with city regulations. Page 14 2010023 Page 5 Tree Removal/Landscaping To construct the proposed improvements, the applicant is proposing to remove 23 trees from the property. Specifically, 22 trees would be removed in the vicinity of the north parking lot and one tree would be removed in the vicinity of the east parking lot. This application is not subject to the city's tree preservation ordinance. However, the zoning ordinance requires screening when a non-residential use proposes parking that abuts a residential property. There are existing trees that screen the east and west sides of the school. The applicant proposing to plant 12 (6 -foot high) coniferous trees to screen the north parking lot from residential homes across 5th Avenue. The existing trees on the school property together with the proposed landscaping would effectively screen the parking areas from adjacent residential properties. RECOMMENDATION: Community Development Department staff recommends approval of the site plan amendment for Inspec Inc. relating to Birchview Elementary School located at 425 Ranchview Lane North, subject to the conditions listed in the attached resolution. ATTACHMENTS: 1. Draft Resolution Approving Site Plan Amendment 2. Applicant's Narrative 3. Letters from Residents 4. Location Map 5. Aerial Photo 6. Notification Area Map 7. Site Graphics P:ICommDevISTAFFREP%PC1201012010023 2nd PC Report - Birchview Elementary school Parking SPA,docx Page 15 20/o0z-'s INSPEC May 11, 2010 Smart engineering of u M AY 1 1 ' nun `-' Community Development Department roofs, walls, pavements City Of Plymouth I bF bMOUTN 3400 Plymouth Boulevard COMMUNITY DEVELOPMENTDEPhl TMEN9 and waterproofing PIymouth, Minnesota 55447 Re: Application for Site Plan Amendment at Birchview Elementary School Dear Planning Staff Enclosed you will find the submitted documents for consideration of a site plan amendment at Birchview Elementary School. The proposed project consists of reconstructing the existing north parking lot, constructing a new bituminous drive west of the north parking lot, and constructing additional parking spaces in the east parking lot. The proposed project includes new site lighting in the north and east parking lots, and a new bioretention facility that collects stormwater runoff from a portion of the north parking lot and a portion of the school building`s roof drainage system. The proposed project, if approved, would improve the on-site traffic congestion that currently occurs during student pick-up times and also provide a total of 12 additional parking spaces at the school site. In addition, the proposed bituminous drive would allow parents to drop-off and pick-up students in a location that is separated from other vehicular traffic at the site and result in improved student safety. Reportedly, the present demand for parking at Birchview Elementary School exceeds the 81 parking spaces that are currently available. The majority of the existing parking spaces located in the north parking lot do not comply with the City's dimensional requirements. With 31 classrooms, the current City Ordinance also requires a minimum of 93 parking spaces. If approved, the proposed project would meet the minimum requirements of the ordinance. Currently, a majority of parents that drop-off or pick-up students at the elementary school stage in the north parking lot drive aisles. This condition has resulted in traffic conflicts between the staged vehicles and other passenger vehicles attempting to exit 5801 Duluth street or enter the parking lot. Reportedly, it is not iunisual for a large number of vehicles toMinneapolis, MN 55422 stage on 5"h Avenue during student pick-up times due to the congestion in the northPh. 763-sn6-343n g g p p g Fax 763-546-8669 parking lot. Construction of the proposed bituminous drive would provide parents with an area to Chicago drop-off and pick-up students that is separated from the north parking lot, reduce the Milwaukee need for staging on 5th Avenue, and improve student safety. The proposed project includes constructing a raised concrete sidewalk around the perimeter of the proposed Minneapolis bituminous drive, which will provide students with an access route between the school building and drive. The proposed drive is similar to one that has been utilized www.inspec.com successfully over the past five years at Oakwood Elementary School. Page 16 May 11, 2010 City of Plymouth Page Two We appreciate your consideration of this application for a site plan amendment. Please feel free to contact our office with any questions or if you require any additional infonnation. Very truly yours, INSPEC, INC. Brenton E. Boelter, P.E. Project Manager BEB/ Page 17 Josh Dot From: Teresa Mickelson ]tjmickelson@comcast.net] Sent: Thursday, April 15, 2010 1:13 PM To: Josh Doty Subject: Birchview Site Plan Dear Mr. Doty: Thank you so much for your time in reviewing the Birchview parking lot/ fire lane plan with me this morning. Just an FYI there are 6 cars parked on 5th Ave today and 8 empty spots in the parking lot with 6 cars in the lot parked in non -parking spaces. While I am thrilled to see improvements to Birchview Elementary school's parking, student drop-off, and fire lane I do have concerns or points to be addressed during the process. My initial concern is that with the new plan students that walk to and from school coming from the West (currently through the ball field) have a safe, marked crosswalk possibly with a stop sign for buses where they can cross the bus/fire lane. I propose that this crosswalk would be off of the South west corner of the North parking lot and connect them to the existing sidewalk. Ideally there would be sidewalk along 5th Avenue to connect children to the school but as it is now they do cut across the ball field in order to stay out of the congestion of the parking lot and busy street before and after school. That leads me to another question/concern about the parent drop-off. Will the North lot as well as the proposed East lot both be available for parent drop-off to relieve some of the congestion on the street and in the parking lot? Lastly a suggestion, currently there is no parking on Ranchview in the school zone during school hours. Could this be a place that could be opened up for parents to park so that 5th Avenue which is a narrow street can more easily allow buses to get out with the proposed plan? Thank you once again for your time and if I can be of assistance any further please contact me either via e-mail or phone: 763-208-1583 My Regards, Teresa Mickelson 1 Page 18 Re: Birchview EIementary parking lot expansion Sirs: As use of the school has grown over the last few years the traffic issue has become extremely problematic for the residents on 5d Avenue. Morning drop off and afternoon pick up is congested. Special events are worse. At times traffic can be backed up to Ranchview. If there are cars parked on the street, it can be very difficult to get in or out. There have been many instances when residents could not get into, or out of their driveways, let alone the street. The school authorities are, of course, aware of this and are anxious to solve the problem. I know they have put time and thought into how to configure an expansion of parking space and provide for student drop-off, however after seeing the present plan that you are considering here tonight, I must strongly urge rejection of it. It does not solve the problem for us at all. In fact it appears to add to the problem by moving the congestion further into the dead end street. At present parents enter the West driveway and exit through the East driveway and proceed to Ranchview Ave. The plan being presented here tonight would have all cams entering and exiting through the West driveway, which is further in on the street. This would create a four way traffic situation at that spot, one being my driveway. It is also in front of my picture window. Obviously I would not like that. The plan is to have a loop at the West end of the parking lot, all along which students can be dropped off, thereby eliminating the standing traffic on P Avenue. I think this would be only a partial solution at best since at times the standing traffic can extend the full length of the street, including up to the cul de sac. Human nature being what it is, people will still want to drop their children at the far end of the loop which is closest to the school, still backing up those behind. The fact that it will double the traffic in front of my house is no small problem. School hours are not the only consideration as there Are events most days of the week until dark and on ween ends. There are two baseball diamonds on the grounds which are used heavily through July. To assume that they will not use the loop driveway for parking and that the loop will only be used for school pick up and drop off is, to say the least, naive, given that it would be directly adjacent to the ball fields. The school itself often has after hour activities into the night . This street simply cannot take this ongoing deluge of traffic. The school was not designed for it, It is a residential neighborhood, and the city certainly did not allow for this when they narrowed the street by adding curbs and gutters, The addition of a cul de sac only added to the on -street parking space drawing even more traffic into the street during events. When cars are parked on hoth sides of the street, a common occurrence, there is only one lane down the middle for traffic to use, going in or out. I have had my mailbox broken, which the school was kind enough to fix, at a time of extreme congestion during a daytime event by someone trying to park. While attempting to get home my neighbors have been angrily honked at by parents thinking someone was trying to `jump the line`. t was once late for a dentist appointment and had to reschedule, because I couldn't get out of my driveway for 15 or 20 minutes. (A medical emergency would be a serious issue.) I suggest you send this back for further study with consideration to the following: 1. Encourage parents to use the bus service we already pay for. You are simply encouraging individual driving by making it easier, not to mention the environmental impact of the gas being used. 2. Allow NO PARKING on 5th Ave. It was a `no parking' street when the High School was here. 3. Forget the loop and enlarge the parking lot keeping the same in and out traffic pattern. Give up one ball diamond if you must, or extend the lot along the west side of the school. OR 4. Go back to the original plan of busses unloading on the S., and parents at the East door. That seems the ideal solution. Thank you for your kind attention to this matter. Karen Soland 15620 50'Ave N Page 19 L Z ............... L 5THC) ....... L L 3RD AVEz Location Map - 2010023 Inspec, Inc. Birchview Elementary School Parking/Drive Aisle 425 Ranchview Lane Request for Site Plan Amendment rl2b of Plymouth, Minnesota 250 125 0 250 500 750 Feet Legend C, Comercial CC, City Center CO, Commercial Office IP, Planned Industrial LA -1, Living Area i 0 LA -2, Living Area 2 LA -3, Living Area 3 LA -4, Living Area 4 LA -Rt LA -R2 LA -R3 0 LA -RT P -I, Public!Semi-Publicllnstitutional Page 20 rp)city of Aerial Photograph - 2010023 Plymouth, Minnesota 250 125 0 250 500 750 Feet Page 21 Notification Area Map Page 22 OWNER: WAYZATA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 284 210 COUNTY ROAD 101 NORTH WAYZATA, MINNESOTA 55391 CIVIL ENGINEER: INSPEC, INC. 5801 DULUTH STREET MINNEAPOLIS, MINNESOTA 55422 ELECTRICAL ENGINEER: WUNDERLICH-MALEC ENG. INC. 5501 FELTL ROAD MINNETONKA, MINNESOTA 55343 SURVEYOR: SUNDE LAND SURVEYING 9001 E. BLOOMINGTON FREEWAY SUITE 118 BLOOMINGTON, MINNESOTA 55420 DRAWING SGWEDULE 2010 SITE IMPROVEMENTS BIRCHVIEW ELEMENTARY SCHOOL 425 RANCHVIEW LANE NORTH PLYMOUTH, MINNESOTA C c C c Cd C C CC C CC. SCC S. C co le 2010 SITE IMPROVEMENTS BIRCHVIEW ELEMENTARY SCHOOL 425 RANCHVIEW LANE NORTH PLYMOUTH, MINNESOTA C c C c Cd c c c VQN[7-r- MAF UE3UFnlamN SCOPE Or 'NORK EXGr;RF'16 P90rl 66777 N,4R5PATJVF- rcy t I 1 1 1. d N L t f 11 INAR" 11— 1e —1- rcafn.d d-- 1— oy A— T o'.emm e:.° v. nre N,n nos, aw hoe[ or .ae:leg ansa eu dnm F ,I W'e In W '1'= FElaws da•a Z,, demme m. or drehee. a. --'tl — 7 '—d —I—I'd mM. or Ir s e•d muni[ I°e%.e,ae"e"d[rl w deur rr P ve.k o -e alw[_ —. 2„ IN ST r—PUl T Page 23 lual C C CC C CC. SCC S. 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PACxcE wNI Uff EMNIO, 511E NOW. GII t` PL1 Y<OIl Ihl C9hF.M11ill':y p,4F14P riLMT 11FVAfi119ChIT 2010 SITE IMPROVEMENTSISSUEDFOR &OS os/LE/t° L4/13/n iL_ ij lk_I..7 nn.,m.s•o-9. BIRCHVIEW ELEMENTARY SCHOOL WAYZATA PUBLIC SCHOOLS ENSPEC7 a E Wunde lich-Malec 9 °> °xxt°° x, a mRW. mGp ,mo mon, NO: r n,asl<rmYls...w PLYMOUTH, MINNESOTA ZRHL, lu^AIS cic.:leo a Nw—°m .. . OATEI w/Ivlo SRT, ISI 9F If Page 29 Page 30 c ME= E H!" t- I.. --.- i4 14 w5T_ _ courts MM 1 p n Ea. J+.' \eJA''' a'^., mu, T i `J L: qr,- odEP a[w ert.,ox[a.>aa,w° w, m m:.•,e.;•L7 '':: ":R::'ic7°,7::Jirt.ti e",W„ ww n ;'-4 i' FIXTURF TYPr A & C11TOFF MAMA] IrPr 4 MMAUT10 LZIG j POLE BASE DETAIL—ALL POLES PEIHt. PARTIAL SIT PLAN TN 7 PLymoulhLZONINr 013DINMUran IIT Z1. 1. wn12 M"`.- l: MR' —1 —1 l -1 L- tv-- WoWundorich-MolecM03/1 10 C BIRCHVIEW ELEMENTARY SCHOOL WAYZATA PUBLIC SCHOOLS 425 BIRCHVIEW LANE PLYMOUTH, MINNESOTA PR0J. NO, CK J- DA70 =AlAo SMT. Pei DP 1_ Page 30 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE A SITE PLAN AMENDMENT FOR INSPEC, INC. TO ALLOW RECONSTUCTION OF THE NORTH AND EAST PARKING LOTS AND TO CONSTRUCT A PARENT/CHILD STAGING AREA AT BIRCHVIEW ELEMENTARY SCHOOL LOCATED AT 425 RANCHVIEW LANE NORTH (2010023) WHEREAS, Inspec, Inc., has requested approval of a site plan amendment to allow a reconstruction of the north and east parking lots and construction of a parent/child staging area for properties legally described as: Per Certificate of Title No. 435169) Lots 1 to 7 inclusive, Block 3, Homedale Manor First Addition. Subject to utility and drainage easements as shown on plat. Subject to the effect of an Ordinance of the City of Plymouth regulating and subdividing said premises, a certified copy of which Ordinance is of record in Book 838 of Miscellaneous Records, Page 55, Doc. No. 3190802, and Per Certificate of Title No. 434855) The East 794 feet and that part of the South 66 feet lying West of the East 794 feet all in the North half of the South half of the Northwest quarter of the Southwest quarter of Section 33, Township 118, Range 22, Hennepin County Minnesota, and Per Contract For Deed Doc. No. 3757518) The East 1/2 of the South'/4 of the Northwest'/4 of the Southwest'/4 Sec. 33, Township 118 North, Range 22 West of the 5th Principal meridian, Except the South 220 feet of the East 200 feet thereof as measured along the East and South lines of said property. Subject to road] WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Inspec Inc. for a site plan amendment to allow reconstruction of the north and east parking lots and construction of a parent/child staging area, subject to the following conditions: A site plan amendment is approved to allow a reconstruction of the north and east parking lots and construction of a parent/child staging area, in accordance with the application received by the City on March 15, 2010 and revised plans received by the City on May 11, 2010 and May 20, 2010, except as amended by this resolution. 2. A separate grading permit is required prior to commencement of the proiect. Page 31 Resolution 2010 - File No. 2010023 Page 2 3. Prior to issuance of a grading permit, the applicant shall fulfill the requirements, submit the required information, and revise the plans as indicated below, consistent with the applicable city code, zoning ordinance, and engineering guidelines: a. Complete a site improvement performance agreement and submit a financial guarantee pursuant to Section 21045.10 of the zoning ordinance. b. Agreements: 1. Submit a maintenance agreement for the rain garden. c. Applicable Permits: 1. Minnehaha Creek Watershed Management Organization. 2. Bassett Creek Watershed Management Organization. 3. NPDES. 4. City of Plymouth for work in public right-of-way. d. Provide one additional handicap parking stall in the north parking lot. e. Provide details and locations of accessible curb ramps that meet the requirements of Section 406 of the Minnesota State Accessibility Code. All required exterior accessible routes shall not exceed a 1:20 slope. f. Provide double -sided fire lane signs in approved locations on the school side of the north parking lot and on both sides of the east drive, except for the area in front of the school entrance, away from the two existing hydrants. The fire inspector and school district representative shall meet on the site to identify fire lane sign locations. g. Submit to the fire inspector a school district agreement for the immediate removal of all vehicles on the new bus/fire lane when the building fire alarm system is activated. 4. Silt fence shall be installed prior to any construction on the site. 5. Standard Conditions: a. The applicant shall remove any diseased or hazardous trees. b. New signage shall receive sign permits when required and shall comply with the section 21155 of the zoning ordinance. c. Any subsequent phases or expansions are subject to required reviews and approvals per ordinance provisions. d. This approval shall expire one year after the date of approval, unless the property owner or applicant has substantially started construction of the project, or unless the landowner or applicant has received prior approval from the city to extend the expiration date for up to one additional year, as regulated under Section 21045.09 of the zoning ordinance. APPROVED THIS 22ND DAY OF JUNE, 2010. STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS Page 32 Resolution 2010 - File No. 2010023 Page 3 The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 22, 2010, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 3 3 CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION AUTHORIZING THE INSTALLATION OF "No PARKING" SIGNS ON THE NORTH SIDE OF 5T" AVENUE WEST OF RANCHVIEW LANE WHEREAS, the city has received a petition from the propert owners along the north side of 51 Avenue west of Ranchview Lane to restrict the parking on 5" Avenue west of Ranchview Lane on the north side of the street during the hours of 8 a - 4:30pm during school days; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA That the Director of Public Works is hereby authorized to install "No Parking" signs on the north side of Sth Avenue west of Ranchview Lane to prohibit parking between Sam — 4:30 pm during school days. Approved this 22nd day of .lune, 2010. Page 34 rp)City of Agenda 8 . 2PlymouthNumber: v Adding QoaWy to Life REGULAR COUNCIL MEETING To: Laurie Ahrens, City Manager Prepared by: Marie Darling, Senior Planner June 22, 2010 Reviewed by: Item: 1. ACTION REQUESTED: Barbara Senness, Planning Manager, and Steve Juetten, Community Development Director Variance to the rear yard setback at 5545 Ximines Lane (2010036) Move to adopt a resolution denying a variance for a 19 -foot by 50 -foot patio in the six-foot rear yard setback for Steve and Roberta Dahl at 5545 Ximines Lane, as recommended by the Planning Commission. Approval or denial of a variance requires a 4/7 vote of the City Council. 2. BACKGROUND: At their June 2, 2010 meeting, the Planning Commission voted to recommend denial of the variance for a patio in the rear yard setback. The applicant was present at the meeting in support of the application. Three people requested to speak and one letter was submitted (refer to the attachments). The issues raised are discussed below. After the meeting, the applicant submitted additional material and letters of support. The information is attached. The Planning Commission staff report and minutes are attached. Notice of the June 2, 2010 Planning Commission public meeting was sent out to all property owners located within 200 feet of the site 10 days prior to the public meeting. A copy of the notification area map is attached. Drainage Concern was raised that the patio would cause drainage problems in the area. The property owner to the south indicated that the fill the applicant previously placed in his back yard has already caused drainage problems on their property. Staff responded that the applicant had not submitted information regarding the proposed drainage. Staff noted that having a patio directly up to the property line does not allow any opportunity for infiltration prior to flowing onto the adjacent property (in this case the homeowners association property). The applicant responded that when he filled the back yard, he added draintile on the north and south side of the area where the patio would be installed. He also stated that he graded the patio area with a one percent slope that directs water toward the west property line resulting in less storm water Page 1 flowing to the property to the south than before. He also stated that there is about 20 feet between the end of the patio and the homeowner associations' trail in the outlot and the soil is sandy which allows for more infiltration than would occur elsewhere in Plymouth. Applicants' Yard Improvements Concern was also raised about the condition of the applicants' yard, which has been disturbed for four years. One of the speakers indicated that the applicants and the homeowners' association HOA) have been through district court, and the court ordered the applicants to remove improvements placed in their backyard and on the HOA outlot by May 1, 2010. The HOA will enforce the court order and has hired a contractor to restore the property beginning on June 10, 2010. Staff and the commission noted that HOA review and enforcement are outside the city's jurisdiction. 3. BUDGET IMPACT: Not Applicable 4. ATTACHMENTS: Minutes from the June 2, 2010 Planning Commission Meeting Applicants' Additional Information Correspondence Received Planning Commission Staff Report Resolution Denying a Variance for a Rear Yard Setback Page 2 Draft Planning Commission Minutes June 2, 2010 Page S B. STEVE AND ROBERTA DAHL (2010036) Chair Davis introduced the request by Steve and Roberta Dahl for a variance to a rear -yard setback for a patio for the property located at 5545 Ximines Lane North. Senior Planner Darling gave an overview of the staff report. Senior Planner Darling noted that a letter had been received and added to the public record. Commissioner Kobussen said that there appeared to be a violation of the setback on the south side of the lot as well and asked if two variances would be needed. Senior Planner Darling replied that she had talked to the applicant and if this request were to be approved for the rear - yard variance, the applicant would be willing to move the patio further north or reduce its size in order to stay six feet from the adjacent property. Senior Planner Darling confirmed for Chair Davis that the rear -yard setback is the west side of the property. Commissioner Kobussen asked which way the water would drain from the property. Senior Planner Darling replied that there was no information on drainage at this time. Chair Davis introduced the applicant, Steve Dahl, 5545 Ximines Lane North. Mr. Dahl said that the purpose of this project was to create an area for their children to safely play. IIe said that the larger patio area would be for their children to be able to shoot baskets. He said that the reason for the size of 19 feet is to be able to shoot a free throw, which is the minimum distance for basketball. Mr. Dahl said that on the drainage issue, the patio would be level from side to side and have a 1% slope so the water would run off the back end. He said that there is currently drain tile installed there (like a French drain) so it filters through rock into the tubing and it drains off to the one side to fill a rain garden area where flowers, trees and plants get water that comes off that patio area. He said that there is also drain the on the south side but there would not be any water draining towards the south as that would be just water that would come down the hill and from the other owner's property. He said that would drain off into the swamp land. Mr. Dahl said that they feel that there is a hardship because of the ininimiun size required to use that patio area for their enjoyment. He said that if they were to have it in their front yard, it would be unsafe with balls running out into the street due to the slope of the driveway. He said other issues then would be that to use that they would have to park thein cars in the street and then there would be limited visibility. Mr. Dahl said that in the beginning of this project, it was originally to re -landscape their yard and others in the subdivision were also doing it, He said their property was originally represented to be further back by the previous landscaping that was there since the home was built. He said that once they found out that their property markers indicated that the existing landscaping, which appeared to be their property, was not their property, he reduced the size of this project to the Page 3 Draft Planning Commission Minutes June 2, 2010 Page 9 minimum (which is the free throw line). He said that by leveling out their yard, it ends up being lower than the neighbors to the south so there is reduced runoff to their property. He said that before that their yard was like the neighbor's yard, which was high in the middle and then it would flow off to the sides and towards the back. He said that now it is level so the back yard runs off to the west into the swamp land, so 28 feet of runoff that would have gone over to the property on the south is redirected. He said that there would be more of a hardship for them to reduce that to get it within the six-foot easement because it eliminates the purpose for basketball. He said that it would provide a nice, safe area for their children to play with friends and to sharpen up their basketball skills. Mr. Dahl said that the unique circumstance is that being that their lot is a smaller lot, they lose that 10 or 12 feet in the back of their property and that's where the variance comes in. He said that if it were a normal size lot, they would be able to fit the patio in but because of the smaller size lot, there is less area on the rear of the property. Mr. Dahl said that as far as neighborhood impact, they have taken steps with the drain tile to minimize all aspects of where the water runs off. He said that the slope of the back yard has been put to a minimum standard of I% so the speed of the water running off would not create a gully effect. He said that it minimizes erosion with a slow pace of water running off the west of the property and there is a 20 -foot buffer with sand to the west to soak up a lot of water, as well as plantings similar to a rain garden on the north side. Commissioner Kobussen asked if they had considered turning the basketball court the other way and have it longer but narrower. Mr. Dahl replied that he had contemplated that but the other half of the yard has pine trees and he is in the process of putting in a waterfall. He said that due to the topography on the north side of the yard, the grade drops quicker from the front of the house to the back. He said that or that reason, he did not choose to put it in on that side. He said the center and focus of the house and the deck area seems to be the most desirable place to put it so that parents, friends and family can enjoy the deck and oversee the kids playing in the back yard. Mr. Dahl said that another point in their favor was the drainage and utility easement. He said that there aren't any utilities located there and that there is sand between the patio and the trail that absorbs water runoff rather quickly. He said that the impact should be minimal. He said that the drain tile would catch that water and then in a harder rain, whatever gets over the drain the would rapidly be absorbed into the sand better than if it were clay soil. Chair Davis introduced Geri Erickson, 5515 Ximines Lane North. Ms. Erickson said that she is against this request. She said that this project has created an eyesore for the entire neighborhood for four years and there has been a pile of mud in the Dahl's back yard. She said that they have the same back yard as everybody else (same width, same slope) and she doesn't see any need to change the elevation or slope of backyard. She said now they are hearing that it would be a basketball court that would take up pretty much the entire back yard. She said that if she Iived Page 4 Draft Planning Commission Minutes June 2, 2010 Page 10 next to the property that she would not want a basketball court right up to the property line and added that she doesn't find that it's necessary. Chair Davis introduced Susan Dugan, 5535 Ximines Lane North. Ms. Dugan said the last thing they wanted to do was create more tension than what already exists. She said there have been ongoing issues with the Dahls that have not been resolved. She said that the Dahls have been disrespectful of their property line and when they tried to communicate with them, they were very unresponsive. She said that they had originally tried years ago to put in a sport court and that they had dug their asphalt driveway up and buried it in their back yard. She said that there is now an elevation problem and after a heavy rain, they have a sink hole in their back yard because of the difference. She said that they are in disagreement with this variance being accepted and hope that they resolve the issues that are there now before putting in something else. Chair Davis asked if they live to the north or to the south of this property. Ms. Dugan replied that they live to the south. Chair Davis introduced Marsha Stolt, 5465 Yorktown Lane North, representing Harrison Hills Homeowners Association. Ms. Stolt said that there is a dispute with this property dating back to December 2006. She said that the homeowners association board is responsible for enforcing the covenants that run with the property and one of the covenants is that the members of the association are required to get permission from the board to build any significant structure and they would also be required to get permission from the city. Ms. Stolt said that in September 2006, the Dahls had begun constructing a retaining wall approximately 20 feet onto common property. She said that their property slopes downwards onto a trail. She said that they were constructing a low retaining wall very close to the trail at the bottom of the property. She said that they had backfilled that with dirt to create a level back yard in place of the slope that had existed. She said that they understood from neighbors that asphalt had been used and a lot of dirt brought in to create this level area. She said that the board had objected and told them this had not been approved and would not be approved and asked that the retaining wall be removed and that the property be restored to its original elevation and slope. Ms. Stolt said that there have been many meetings over the past 3 '/2 years and none of them resulted in a resolution and they ended up in court. She said the court order required the Dahls to remove all of the fill, gravel, asphalt and anything else that had been brought into the yard that had not been there originally. She said they are required to restore the elevation and the slope to match the property to the south. She said that they were also ordered to install black dirt and then sod and restore the appearance of the yard to its original state. She said that this was all to be done by December 315 but that because of the weather, they were granted an extension under certain conditions. She said that they have not complied with the court order to restore the property by the extended deadline of May 1. She said that it is still an eyesore and it has created drainage problems for the property owners to the south, Page 5 Draft Planning Commission Minutes June 2, 2010 Page 11 Ms. Stolt said that at this point, the homeowners association's intent is to enforce compliance with the court order. She said they have hired a contractor (scheduled for June 10) to restore the property and to do any repairs to the trail. Ms. Stolt said that the other issue is that installing a basketball court would require board approval, even if the elevation and drainage weren't an issue, and they would need to discuss and review the proposal but she feels that would not be in keeping with the general appearance of the neighborhood. Planning Manager Senness said that frequently in the City of Plymouth, homeowners association requirements and approvals are needed before someone can make an improvement. She said that review is outside of the city process. Commissioner Anderson agreed with Planning Manager Senness and added to that is the fact that there is a court action for fill that was added on the homeowners association land that is not our issue. He said that our issue is strictly looking at the variance and if there is a hardship associated to extend a patio into the setback. Commissioner Kobussen said that his concern is that there are zoning laws that require a six-foot setback for drainage for a purpose. He said that the purpose is to keep the water from going off into the neighbor's yards and the way this has been built up, it will create a drainage problem. He said that the way the back of the lot drops to the path, the water will run off down the hill and it will wash it out. He said for that reason alone, it would need a six-foot setback so that the water doesn't drain off the property. He said that he would not vote for approval of this variance request. Commissioner Anderson said that he agreed with ComrniUsioner Kobussen, He said that even if nothing was located in the drainage and utility easement now, it could create a problem later on if something were to be built in those easements. He said that was another reason why he would not vote in support of this application. Commissioner Aamoth said that the city tries to accommodate residents to do things for their families. He said that the idea was interesting but that the Planning Commission's purpose is to see if requests meet all city requirements and this request doesn't. He said that there is not a unique hardship and he would vote against this request. Commissioner Robinson said that he would not vote in support of this variance request. He said that it does not meet the rear -yard setback requirement and it would not meet the southern setback as well. He said that they could still have a very large concrete patio area but that there is no apparent hardship for the proposed project. MOTION by Commissioner Kobussen, seconded by Commissioner Robinson, to deny the request by Steve and Roberta Dahl for a variance to a rear -yard setback for a patio for the property located at 5545 Ximines Lane North. Vote. 5 Ayes. MOTION approved. Page 6 t iGiirrr= From: Okonkwo, Amrill (MPCA) fmailto:Amrill.Okonkwo@state.mn.us] Sent: Wednesday, June 02, 2010 3:23 PM To: twounderbogie@hotmaii.com Subject: Support for City Approval for Dahl's Backyard Project To: Planning Commission Chair City of Plymouth I am in support of the variance to support the Dahl's plan and desire to use their backyard for their family enjoyment. Sincerely, Amrill Okonkwo Senior Engineer Specialist Air Quality Permits Section Industrial Division Minnesota Pollution Control Agency Office: 661-757-2623 Fax: 651-296-8717 oamril[@yahoo.com From: Jean Fertitta fmailto:jfertitta@atiastgourmetfoods.com] Sent: Wednesday, June 02, 2010 3:39 PM To: twounderbogie@hotmail.com Subject: Dahl's Plan To whom to my concern: I support the Dahl's plan and desire to use their backyard for their enjoyment. Jean L. Fertitta Office Manager 612-724-1634 Fax 612-724-1628 From: Steve & Lisa Schoo fmaiito:slschoo@comcast.net] Sent: Wednesday, June 02, 2010 3:29 PM To: SD Subject: planning commission Re: Steve Dahl " variance to rear yard setback for a patio at 5545 Ximines" (2010036) We believe the Dahl's should be allowed to use their backyard for enjoyment and entertaining. The rest of us do... Lisa and Steve Schoo Page 8 l From: Jon and Susan Bartknecht [mailto:jonsue9610@embargmail.com] Sent: Wednesday, June 02, 2010 3:28 PM To: twounderbogie@hotmail.com Subject: Support for City approval for Dahl's backyard project. Importance: High It has been brought to our attention that the Dahl's are seeking City approval for a backyard project. We whole heartedly support this project so they can utilize their backyard for their enjoyment. It will provide a wonderful place where family, friends and neighbors can gather. Sincerely, Jon and Sue Bartlmccht 762-226-7522 From: Chuck McGannon[mailto:ChuckM@hmtmarketing.com] Sent: Wednesday, June 02, 2010 3:36 PM To: SD Subject: Back Yard Playing Area I support the Dahl's plan and desire to use their backyard for their enjoyment, and the kids should be able to enjoy a sports court in their back yard. Chuck Chuck McGannon Sales Representative HMT Marketing, Inc. 4800 Park Glen Road Minneapolis, MN 55416 Telephone: 952-922-8823 Fax: 952-922-8910 Cell; 61.2-889-1540 Email: ChuckMgHMTMarketing.com From: Tom Johnson [mailto:TomJ@johnson-company.com] Sent: Wednesday, June 02, 2010 3:30 PM To: SD Subject: We support the Dahl's project Steve, Best of Luck with your City council meeting tonight. We really hope that they will see the safety aspect of having your patio area in the back yard for the enjoyment of your kids, family and friends to shoot baskets and enjoy the great outdoors, I know the design will be desirable in its usage and visually appealing to your guests and neighbors. We'll see you soon. Tom and Brenda Johnson Page 9 From: Shari Prusak [mailto:shariprusak@yahoo.com] Sent: Wednesday, June 02, 2010 3:20 PM To: twounderbogie@hotmall.com Subject: We support the Dahl's project We support the Dahl's plan and desire to use their backyard for their enjoyment." I have been over to the house and have talked to Steve and Birdy about what their plans are. I do not see any harm in what they are trying to accomplish, putting in a flower bed, perennials etc. I was just on a bike ride around Rice Lake in Maple Grove and they have beautiful landscapes next to the bike path much like what the Dahl's are trying to accomplish. Way better than just grass for us to enjoy while on a walk or bike ride. The Prusak's From: Dingmann, Paul (Minneapolis) [mailto:Paul.Dingmann@towerswatson.com] Sent: Wednesday, June 02, 2010 3:11 PM To: twounderbogie@hotmail.com Subject: We support the Dahl's project We support the Dahl's plan and desire to use their backyard for their enjoyment. Paul and Julie Dingmann Paul Dingmann Towers Watson SINi a 47nn 8400 Normandale Lake Blvd Bloomington, MN 55437-3811 T - 952-842-6241 F - 952-806-2241 M - 612-267-4041 towerswatson.com From: Niles, Timothy [BMG] [mailto:Timothy.Niles@sprint.com] Sent: Wednesday, June 02, 2010 2:47 PM To: twounderbogie@hotmail.com Subject: We support the Dahl's I want to express that we support the Dahl's in their desire to make the changes to their property that would allow for a safe and salubrious environment for their family to enjoy. I can see no reason why this request would be denied. Tim Niles Sales Manager Page 10 121 From: Zbaracki, Peter[mailta:Peter.Zbaracki@merrillcorp.com] Sent: Wednesday, June 02, 2010 2:59 PM To: twounderbogie@hotmail.com Subject: We Support the Dahl's To the Dahl family and the Plymouth City Council, I am writing in support of the Dahl family's plan and request for a variance to the setback in their backyard. I feel the plans as drawn up would be an asset to their property for use not only by the family but as well for their friends and neighbors. The patio and additional items as planned for the Dahl backyard will be utilized as a family escape as well as a quiet gathering area for friends and neighbors. We support the Dahl's Sincerely The Zbaracki family. Peter, Cheryl, Emilie and Samantha From: Liz Charest [mailto:echarberg@msn.com] Sent: Wednesday, June 02, 2010 6:13 PM To: twounderbogie@hotmail.com Subject: RE: Support for City Approval for Dahl's backyard project As fellow residents of Plymouth, MN, we support the Dahl's plan and desire to use their backyard for the their enjoyment. Thank you, Dan and Liz Berglove 5170 Trenton Lane North Plymouth, MN 55442 From: Paul Westlina .rmailto:dededoc@comcast.net] Sent: Wednesday, June 02, 2010 5:58 PM + To: twounderbogie@hotmail.com Subject: Dahl's backyard plan To Whom it may concern, We are neighbors and friends of the Dahl family. We fully support the actiontplans that they are working towards. The improvements that they would be making will only better the neighborhood, bring children and their families together. Thank you, Dede and Paul Westling Page 11 c. From: Dean Carlson [mailto:dean_crisn@yahoo.com] Sent: Wednesday, June 02, 2010 4:38 PM To: twounderbogie@hotmail.com Subject: We support the Dahl's Project I would hope the city of Plymouth would approve Dahl's plan to use the easement for their backyard project. Sincerely Dean Carlson From: Bailey, Timothy J (STP) [mailto:Tim.Bailey@bsci.com] Sent: Wednesday, June 02, 2010 3:53 PM To: twounderbogie@hotmail.com Subject: Patio I support the Dahl's plan to use the entire portion of their property up to the property line for a patio. Tim Bailey, fiend of the Dahl's. Tim Bailey Principal Clinical Advisor NASPE AM Testamur AP/PA Boston Scientific Corporation 4100 Hamline Avenue North St. Paul, MN 55112-5798 USA Tel: 651.582.5808 Fax: 65i .582.088 i tim.bailey@bsci.com www.bostonscientific.com From: Chuck McGannon [mailto:cmcgannonhmt@comcast.net] Sent: Wednesday, June 02, 2010 3:39 PM To: 'SD' Subject: RE: We support the Dahl's project Good luck! Page 12 1< HARRISON HILLS BOARD OF DIRECTORS GIVES FALSE AND MISLEADING INFORMATION TO HOMEOWNERS TO GAIN SUPPORT AGAINST THE DAHLS LANDSCAPING TO EN30Y THEIR YARD TO CREATE A SAFE PLACE FOR THEIR KIDS TO PLAY WITH FRIENDS. Regular type original distributed by HOA November 6, 2009. Bold type added by Dahl's. October 14, 2006 Neighborhood Cleanup and Annual Meeting. Neighbor notices construction at 5545 and brings it to the board's attention. The Dugan's at 5535 were informed by the Dahl's of their project several months in advance and were partnering with the Dahl's to fix water ponding issue they have with their property. October 16, 2006 Board sends letter to the Dahl's confirming our identification of their wall, requesting they demonstrate that it is not on common area. [ref. Ietter061016] December 5, 2006 Board send letter to the Dahl's following Janese and Larry's visit to their home. Conformation of our request for assurances that they were not building on the common area. [ref. Ietter061205] June 18, 2007 Board sends a letter to s confirming that we'd had no interaction since December 5, 2006. Repeat request for proof that there is no building on common area. [ref. Ietter070618] Winter passes. There are many landscapes built on common area around the Board's homes. [ref. photos2-5] June 28, 2007 MISSING FROM TIMELINE. Dahl's respond to previous letter by phoning Larry Gervais to meet and show uncovered property markers. Landscaping appears to be on common property and ask for approval to continue given appearance of where Dahl's landscaping has existed on common property for the past 23 years. Dahl's submit verbal plan, Larry assures the Dahl's that the Board will contact them within a week regarding approval request. [ref. Ietter070618] Au ust 5 2007 on or about MISSING FROM TIMELINE. The Dahl's phone Larry to meet and discuss landscaping approval request. Larry agrees to investigate why there has been no correspondence since last meeting and repeated that the Board will respond in about a week. Larry admits that the Dahl's previous landscaping was on common property according the photo. [ref, photol] The Dahi's ask that they be sent a response in writing. [ref. Ietter070618] September 19 2007 Board received Certificate of Survey of boundaries of outlot C (common area adjacent to 5545 Ximines). This Letter sent to Dahl's based on Dahl's not showing property markers. The Dahl's phoned and showed uncovered property markers to Larry Gervais on June 28. [ref. Ietter20070919] September 22 2007 Board send letter to homeowners reminding homeowners of common Area rules, referencing interaction with homeowner regarding construction Identifies need for survey expenses and attorney. Encouraging attendance at meeting. [ref. letter07O922] Threat to homeowners is the encouragement to attend meeting. Based on June 28 meeting, given that information, this letter is a lie with defamation intent directed at the Dahl's. Page 13 September 25, 2007 City of Plymouth sends letter to Dahl serving notice of encroachments of wall onto public drainage utility easements. Confirms telephone call on 9/13 and 9/18 with out resolution. States that if not removed by October 22, 2007, legal procedure will commence. Survey shows landscaping not on easement which is private property and can be landscaped. [ref. CofP publication 1][ref. survey Board] MISLEADING Private easements differ from public easement. Private easements can be landscaped and fenced with private owner assuming replacement responsibility should any service be required for utilities. The City does not get involved in private property disputes. [ref. emai120081101 ] October 4, 2007 Board holds special meeting, held to accommodate Dahl schedule. No resolution. Agree to meet in three weeks. FALSE AND MISLEADING. Meeting was actually October 11th, a regular scheduled meeting. Dahl's told the Board they wanted to attend to discuss the board's distribution of September 22 letter inaccuracies. Meet in 2 weeks after review of Boards' letters sent to Dahl's. And to provide some options for landscaping. [ref. 1etter20071011] October 13, 2007 Annual Meeting. Dahl do not attend. Quorum votes unanimously to recover Common Area usurped by Dahls. FALSE AND MISLEADING. Annual meeting, Dahl's responded to Board "unable to attend". Board intentionally creates false information and misleads 8 homeowners in attendance out of 69 homeowners to get unanimous vote to remove landscaping, and to defame Dahl's. [ref. Ietter20071025] October 25 2007 Board holds special meeting to discuss options with Dahl. Agree that wall will be removed and common area restored by December 31. 2007. Date chosen by Dahls. FALSE AND MISLEADING. This is the follow up to October lith meeting where Dahl's attended for the purpose of defending slanderous false information in September 22 letter to all homeowners. [ref. Ietter20071011] The Board was to review their letters sent to the Dahl's because they did not know what they wrote. The Dah1's read the letters to them, and had responded as requested in those letters. Dahl's offered solutions and alternatives to board concerns of insurance liability and "can't see into our back yard". Dahls ask how rules for 5455 landscape on common property are different for them. Dahls are forced to agree and object to removal. [ref. Ietter20071025] Minutes are written by the Board, bias and not completely accurate. November 8 2007 Board sends letter to Dahls confirming agreement to remove and restore Common Area property by December 31, 2007. [ref. Ietter20071108] The Dahl's don't agree with allowing others to landscape common property when the rules apply to all homeowners not to landscape common property. Dahl's request info available to all homeowners as per by-laws and non-profit corporation laws NPCL §621. [ref. letter 071203] November 13, 2007 City sends letter to Dahl's concurring with neighborhood to extend removal date to December 31, 2007. FALSE AND MISLEADING. The Board attempts to get City involved. The City does not get involved in private property disputes. [ref. 1 etter20071101 ] December 15, 2007 Dahls send letter to Board asking for extension citing that removal in winter is unsafe. [ref.letter071215] January 21, 2008 Board sends letter to Dahls acknowledging request for extension. Granting extension for removal by June 1, 2008. [ref. letter20080121] 2 Page 14 March 10. 2008 MISSING FROM TIMELINE. Dahl's send reminder letter for requested information. [ref. letter080310] April 15, 2008 MISSING FROM TIMELINE Dahls send board letters to request information on other homeowner landscaping approvals recorded in minutes to meetings. No response from Board. [ref. Ietter20080415] Are there special rules for Board members and their neighbor friends? June 1, 2008 Wall is still there. July 3, 2008 Thomsen & Nybeck as attorneys for the association send letter informing Dahl of required removal by midnight July 15, 2008 or contractors would be hired to remove wall and restore Common Area. [ref. letter2008O7O3] July 12, 2008, MISSING FROM TIMELINE Dahl's response to July 3, letter. [ref. letter0880712] Dahl's state they are still waiting for requested info and request not to remove landscaping. July 16 2008 Attempted removal of wall from Common Area only; no trespass on Dahl property. Steve Dahl physically prevented removal. FALSE AND MISLEADING. Date of removal was July 25, 2008, where Daughter was scared by Bobcat operator removing landscaping after Dahl's told Thomsen & Nybeck not to remove without due process of law, a legal right of all homeowners and all U.S. citizens. Daughter calls Dahl at work, Dahl rushes home. Steve Dahl motions to operator to stop and get out of bobcat for questioning. Operator calls Larry Gervais, and then proceeds to run Dahl over with Bobcat, hitting Steve two times with the Bobcat apparently as per instructions from Larry. July 22, 2008 MISSING FROM TIMELINE Dahl's remind lawyers they have no right not to send us the requested information per by-laws and non-profit corporation laws NPCL 621. The Dahl's also ask not remove landscaping with our constitutional right to due process. [ref. Ietter080722] July 29, 2008 R. Dahl creates website: www.HarrisonHillsHomeowners.orQ presenting itself as official website of the Association. Dahl's, appalled at the illegal actions occurring on July 25, create website to achieve communication with homeowners. No reference to Association, described as a place for homeowners to communicate. July 30, 2008 Thomsen & Nybeck send letter to Plymouth City Attorney requesting support. MISSLEADING The City does not intercede in private property disputes [ref. emai120081101] [ref, letter2008O731] August 4, 2008 MISSING FROM TIMELINE Request for landscaping approval. [ref. Ietter080804] August, 2008 Don Sealock offers intervention: he and Derek Brigham will discuss with Dahl to find compromise. Plan "A" was reached incorporating Board issues and implemented. [ref. plan] September 11, 2008 Regular Board meeting. Review three plans put forth by Sealock; option C is reasonably close to the lot line and is identified as a potential compromise by the Board, pending further detail and elevations. False? The Board never communicated in writing or any other form of communication. By-laws give the Board 10 days to review and 5 days to respond. No response. When asked on October 11, 2008 about plan A, B or C they did 3 Page 15 not know plan A was the favored plan compromised by Dahl's through Sealock correspondence. October 11. 2008 Annual meeting. Dahls attend. Homeowners take impromptu field trip to Dahl property to view wall and discuss. Steve said none of the three plans offered by Sealock and Brigham were approved by him. Quorum votes unanimously to require removal of the wall and restoration of common area to slope and visuals matching neighboring yards by November 1, 2008. FALSE AND MISLEADING. Given the audience, the Board intentionally gives homeowners false information. The Dahl's with Derek in attendance said Plan "A" was the landscaping compromised as rebuilt and viewed currently. The Dahl's never received written notice from the Board of any such removal required by November 1, 2008. November 1, 2008 Wall is still there. Rebuilt on common Area in nearly the same position. FALSE AND MISLEADING. Wall is there because of plan "A" addressing Boards concerns with modifying the corners. November, 2008 Board contacts attorney to intervene on behalf of neighborhood. False, fits pattern to intentionally falsely deceiving homeowners. Attorney contact was on or about March 26th, 2009, 7 pm meeting at ]anese Evans home. April 20, 2009 Served with Dahl with complaint and notice of intent to file Complaint in Hennepin County Court. May 11, 2009 MISSING FROM TIMELINE. Dahl answers complaint to Ms. Phan, attorney for HOA to false fax number provided by Phan. May 19, 2009 No response from Dahls file Summons and Complaint with Hennepin County Court. FALSE AND MISLEADING. This is planned and calculated, deliberate lying to mislead homeowners. The time this letter was written was on or about November 6, 2009, the Board and their team of lawyers had full knowledge why the Dahl's response was received by a Minneapolis Temp Agency as directed by HOA Lawyer Phan who gave false fax number and knew of this at November 12th, 2009 meeting and intentionally lied to homeowners at that time as well. June 23, 2009 No response from Dahls. File Affidavit of No Answer. Ask Court for date for hearing on Default Judgment. FALSE AND MISLEADING. Lawyer gave false fax number to respond to complaint and knew of this at November 12th, 2009 meeting and intentionally mislead homeowners as stated above. July 24, 2009 MISSING FROM TIMELINE. Informed court and HOA lawyers on July 24, 2009 that Phan, association lawyer provided false fax number to respond with answer to Complaint. Again, the HOA and team of lawyers were of full knowledge of this three and a half months before this was written and intentionally mislead homeowners and again intentionally lie again on November 12, 2009 meeting where team of lawyers and HOA Board use this FALSE AND MISLEADING info to gain support of homeowners and defame Dahls. 4 Page 16 July 27, 2009 Court date for Motion for Default Judgment. Dahl appears with attorney but without having filed Answer to Complaint or paid cou rt filing fee. Court refuses to hear him. Gives him 10 days to settle or case will be reset for default Judgment. We received verbal offer of settlement from his attorney that day, offering to pay $5,000 and remove the wall by December 31, 2009. We make counter offer, accepting the $5,000 but requiring wall to be removed in three weeks. FALSE AND MISLEADING, Informed court and HOA lawyers on July 24, 2009 that association lawyer provided false fax number to respond to answer to Complaint. Again, the HOA and team of lawyers were of full knowledge of this three and a half months before this was written and intentionally mislead homeowners and again and intentionally lie again on November 12, 2009 meeting where team of lawyers and HOA Board use this FALSE AND MISLEADING info to gain support of homeowners and defame Dahls. The Dahl's never appeared before judge or entered courtroom. Verbal offer of settlement was made by Dahl's lawyer (not supported by Dahl) and withdrawn by Dahl. Dahl at the urging of their lawyer submitted a new settlement offer rejected by Board. HOA settlement offer rejected by Dahl. August 5, 2009 Received written settlement offer from Dahls containing none of the original terms offered on July 27. Withdrawn previous offer by lawyer (not supported by Dahl's) and offered desired settlement on August 4, 2009. [ref. letter Dahl 2009073OLetToPhan ri][20090804 Hoke SettlementCommunicationlnaddmissible] August 12, 2009 No response from the Dahls. Our Attorney rescheduled the default Judgment hearing for August 26, 2009 at the request of the court. Lawyer communication with HOA on response, none with the Dahls. August 14, 2009 Dahl files answer with court. MISLEADING. Lawyer responsibility on filing Answer with court. August 19, 2009 Court cancels Default Judgment Hearing and schedules motion for Summary Judgment on December 10, 2009. September 242009 Court orders mediation. We provide nine alternative dates for beginning of October. Dahl chooses last possible date at 7pm. Attorney advises that this is not acceptable and asks for date during normal business hours. FALSE AND MISLEADING. Dahl's answer to Complaint stated dispute should not be settled in court, but resolved in a lower system such as mediation. Dahl's lawyer initiates mediation with a service that provides times in the morning, evening and weekends specifically designed for working people. Dahl did not choose the last possible date; they gave list of dates to their lawyer who presumable selected their dates which matched Dahl's dates. The Dahis never saw HOA 5 Page 17 dates. The Dahl's have to work to pay the bills and are usually home by 7pm, the same time the Board holds monthly meetings, as they work too. [ref emails] October 9, 2009 No response from Dahls. Our attorney requests status conference. MISLEADING. Court calendar sets date of November 20, 2009 as date mediation must be completed. Board mailed notice of special meeting to approve increase in dues for 2010. Meeting to be held November 12, 2009. Lawyer communications on no response. Notice received October 12, 2009. October 10, 2009 Annual Meeting. Much discussion on the issue; no resolution. MISLEADING. Board never attempted compromise. 90% of meeting was on election and budget and other events. [see HOA biased minutes] October 12, 2009 Court orders mediation on October 20, 2009, at 1:20 pm and orders the Dahls to respond to discovery requests. Misleading. Association refuses to meet at 7pm or any other time in the evening or weekend to intentionally create a hardship for the Dahls. October 19, 2009 Our attorney is informed by Dahl's attorney that he refuses to attend mediation on the 20th. The two Attorneys confer with judge who orders him to appear on the 22nd at 9:00 AM or default judgment will issue. FALSE AND MISLEADING. Dahl takes October 20, 2009 off from work to attend mediation. Call from Dahls' lawyer at 5 pm October 19, informs him that HOA lawyers cancelled mediation and rescheduled. [??Mediation expert] Dahl misses day of work. October 22, 2009 Both parties attend mediation session. Dahls only offer is. that neighbors should vote as to whether or not Dahls get to keep the common area property that they have walled off. Referencing Annual Meeting 2008 vote had already been taken, offer is rejected. FALSE AND MISLEADING. HOA lawyer gives false and misleading information and break mediation rule 7. [ref mediation] Many other homes have landscaping on common property as the board knows and has been such informed. [ref letters.] To reference a few: 5455 Ximines, 5445 Ximines, 5435 Ximines, 10925 551h, 10890 54th, and 10880 54th. December 10, 2009 Motion for Summary Judgment scheduled. Result TBA. Dahl's lawyer failed to conduct discovery and failed to submit defense on time, judge disallowed late defense submission, admonished Dahl's lawyer and ruled in favor of Association. 6 Page 18 Marie Darling Correspondence received From: Slough, Dave [dslough@aeritae.com] Sent: Wednesday, June 02, 2010 12:11 PM To: Marie Darlings, ;~ Cc: sloughnow@gmail.com; Colleen Slough _ Subject: RE: File No. 201003 2 2010 6 n RE: File No. 2010036 .;:- ,«•xr:= y tri:' Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, Minnesota 55447 Dear Sir or Madam, My name is David Slough and I reside at 5525 Ximines Lane N in Plymouth. While I cannot attend the public meeting this evening, I do have comments to make about the request by the Dahl's. For some time, perhaps four years, the Dahl's have had a construction project in their back yard which has caused both contention and consternation in our neighborhood. This issue has resulted in a summary judgment from the court and has in turn caused our association dues to rise dramatically, affecting the entire community. It is my desire that this issue be put to rest and that the project be completed as soon as possible so that the detraction to all of our properties can be ended. have no desire to restrict the Dahl's enjoyment of their property as long as they can respect the property of their neighbors. In my estimation this means that they will not extend their construction into community property and that they will return the grading of the rear of their property to its original state before beginning their patio project. This is important because the current grading is causing issues with water drainage for the properties to either side of the Dahl's. If both of these factors can be met, I see no reason to block the variance. However, if they cannot be met, the variance should not be allowed. The most important issue for me and my family is that the property be returned to a state that does not detract from the beauty the rest of our neighborhood shares as quickly as possible. Respectfully submitted, David 5, Slough dslough@aeritae.com cell: 612.845.5155 Page 19 Agenda Number File 201.0036 1 be PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Marie Darling, Sr. Planner (509-5457) through Barbara Sennesss Planning Manager MEETING DATE: June 2, 2010 APPLICANT: Steve and Roberta Dahl PROPOSAL: Variance to the rear -yard setback LOCATION: 5545 Ximines Lane North GUIDING: LA -2 (Living Area 2) ZONING: RSF-2 (Single -Family Detached 2) RExn Ew DEADLINE: August 28, 2010 DESCRIPTION OF REQUEST: The applicants are requesting approval of a variance to allow them to install a 19 -foot x 50 -foot patio up to the rear property line where the zoning ordinance requires a six-foot setback. The applicant has already brought in fill to provide a level surface for the patio. Notice of this public meeting was sent out to all property owners located within 200 feet of the site. A copy of the notification area map is attached. Page 20 File 2010036 Page 2 CONTEXT: Surrounding Land Use and Zoning Natural Characteristics of Site This site is located in the Shingle Creek watershed district. No portion of the property is located within a floodplain or shoreland overlay district or lies within a wetland. The application is not subject to tree preservation requirements. Previous Actions Affecting Site In 1979, the City Council approved the Harrison Hills planned unit development (PUD) which included both attached and detached homes. Through the PUD, the council approved smaller lots sizes, reduced lot coverage and a reduced rear -yard setback (20 feet instead of 25 feet) than would otherwise have been permitted in order to provide lots for affordable housing. A sizable amount of shared common space was included in the development, including a privately maintained trail behind the subject property in an open -space outlot. The subject property was created in 1983 when the subdivision was recorded with Hennepin County. In 1984, the City Council approved an amendment to the PUD allowing for greater lot coverage than was previously approved (30 percent versus the 20 percent). In 1984, the city approved permits to- allow the home to be constructed. In 1996, the city rescinded the PUD and rezoned the property RSF-2 as part of a city-wide rezoning. In 2007, the applicants graded and installed retaining walls and plantings over the property line into the HOA property. The HOA requested that the applicants remove the improvements from the outlot, which was not done. Also in 2007, the city received a complaint about a play structure in the easement on another property in the subdivision. The affected property owner moved the play structure outside the easement, closing the file on the complaint. In 2009, the district court ordered the Dahls to remove the improvements from the HOA property, restore any damage to the adjacent gravel trail and the HOA property, and remove all Page 21 Adjacent Land Use Guiding Zoning North, Single family dwellings within the LA -2 RSF-2 South, and Harrison Hills 2'd Addition subdivision East West Wetland within an outlot owned by the LA -2 RSF-2 Harrison Hills 2" d Addition homeowners' association Natural Characteristics of Site This site is located in the Shingle Creek watershed district. No portion of the property is located within a floodplain or shoreland overlay district or lies within a wetland. The application is not subject to tree preservation requirements. Previous Actions Affecting Site In 1979, the City Council approved the Harrison Hills planned unit development (PUD) which included both attached and detached homes. Through the PUD, the council approved smaller lots sizes, reduced lot coverage and a reduced rear -yard setback (20 feet instead of 25 feet) than would otherwise have been permitted in order to provide lots for affordable housing. A sizable amount of shared common space was included in the development, including a privately maintained trail behind the subject property in an open -space outlot. The subject property was created in 1983 when the subdivision was recorded with Hennepin County. In 1984, the City Council approved an amendment to the PUD allowing for greater lot coverage than was previously approved (30 percent versus the 20 percent). In 1984, the city approved permits to- allow the home to be constructed. In 1996, the city rescinded the PUD and rezoned the property RSF-2 as part of a city-wide rezoning. In 2007, the applicants graded and installed retaining walls and plantings over the property line into the HOA property. The HOA requested that the applicants remove the improvements from the outlot, which was not done. Also in 2007, the city received a complaint about a play structure in the easement on another property in the subdivision. The affected property owner moved the play structure outside the easement, closing the file on the complaint. In 2009, the district court ordered the Dahls to remove the improvements from the HOA property, restore any damage to the adjacent gravel trail and the HOA property, and remove all Page 21 File 2010036 Page 3 unapproved improvements on the subject property and apply topsoil and sod to restore the property. To date, the Dahls have not complied with this order. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is Iimited to whether or not the proposal meets the standards in the zoning ordinance for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. ANALYSIS: The applicants have requested the variance in order to install a 19 -foot by 50 -foot patio up to the rear property line where the zoning ordinance requires such improvements to be set back six feet from the property line. The applicants have stated that the patio was designed to provide a safe place for their children to play and improve their quality of life, as discussed in their attached narrative. The applicants further state that the requirement for the setback presents a hardship for this property because of its small size- 9,800 square feet versus the minimum of 12,500 square feet required in the RSF-2 district. The applicants also point out that although there is a six-foot drainage and utility easement along the rear properly line, there are no utilities in the easement area. The applicants state that the adjoining property to the west is an open -space outlot owned by the homeowners association which limits the impact on adjacent properties. FINDINGS/CONCLUSIONS: Staff reviewed the application according to the variance standards listed in section 21030 of the zoning ordinance and concludes that the request is not consistent with the standards for a variance, as follows. Hardship: There is no hardship associated with the physical surroundings, shape, or topography of the property that would prohibit the applicants from using and enjoying the property in the existing condition. Although the additional patio may be a desirable addition to the property, the applicants currently have—and would continue to have—reasonable outdoor use of the property without the additional patio area. The city requires drainage and utility easements on properties when they are subdivided to allow the placement of small utilities (electricity, cable) and to allow space for storm water to flow between any improvements and the property line without impacting other properties. The city requires six-foot setbacks fiom side and rear property lines for improvements such as patios, Page 22 File 2010036 Page 4 decks, sheds, play structures, dog kennels, swimming pools and the like to be consistent with the easement requirement and to provide a buffer between the improvements and adjacent properties. There are no small utilities within this drainage and utility easement. However, staff finds that the applicants' proposal would not meet the intent of the easement or setback requirement as the storm water runoff would have no opportunity to infiltrate the ground prior to entering the HOA property. Unique Circumstances: Lot sizes in the subdivision in which the subject lot is located are smaller than the minimum RSF-2 lot size. All of these smaller -sized lots have the same six-foot rear yard setback for improvements such as a patio. Developed single family lots in the rest of the city that are smaller than 12,500 square feet also have the same six-foot rear -yard setback. Consequently, staff finds that a smaller lot does not constitute a unique circumstance. PwTose of Variation: The request is not based exclusively upon a desire to increase the value or income potential of the property, but to increase the owners enjoyment of the property. Neighborhood Impact: The applicant has not demonstrated how the storm water would flow around the patio or how the grade difference would be accommodated to prevent impact to adjacent properties. Source of 1-Iardship: The hardship is self created as the applicants could rcduce the size of the patio. Minnesota case law has deteirnined that a self-created hardship on its own is not a sufficient basis for a city to deny a variance. Minimum Action: Staff has determined that the variance is not the minimum action necessary because the applicant could build a smaller patio that conforms to ordinance requirements. RECOMMENDATION: Community Development Department staff recommends denial of the variance, subject to the findings listed in the attached resolution. Page 23 File 2010036 Page 5 ATTACHMENTS: 1. Draft Resolution Denying the Variance 2. Variance Standards 3. Applicants' Narrative 4. Location Map 5. Notification Area Map 6. Aerial Photo 7. Site Photos Page 24 rp) City of Plymouth Adding Quality to Life Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 763)509-5450 FAX (763)509-5407 ZONING ORDINANCE VARIANCE STANDARDS The City Council shall not approve any variance application (major or minor) unless they find fail -Lire to grant the variance will result in undue hardship on the applicant, and, as may be applicable, all of the following criteria have been met: 1. That because of the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. 2. That the conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. 4. That the alleged difficulty or hardship is caused by this Chapter and has not been created by any persons having ars iraerrest irl the piaLcel of land and is not a self- created hardship. 5. That the granting of the variation will not be detrimental to the public welfare or injiuious to other land or nnprovements in the neighborhood in which the parcel of land is located. 6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or suhstantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 7. That the requested variance is the minimum action required to eliminate the hardship. Section 21030 -Plymouth Zoning Ordinance Forms: ZOvariancestds.docx Page 25 April 20, 2010 Steve and Birdy Dahl 5545 Ximines Lane North Plymouth, MN 55442 557-9034 City of Plymouth Community Development Department 3400 Plymouth Boulevard Plymouth, MN 55447 509-5450 Fax 509-5407 Request for Variance APR 2 6 2010, The Dahl's request a variance to allow a patio to be built on the property at 5545 Ximines Lane North in Plymouth, the city Money Magazine ranked number one in its list of the 100 Best Places to Live in America. We the people in Plymouth have known all along that the community is a great place to raise a family. This memo outlines the proposed use and how it conforms to the following variance standards as set forth in section 21030 of the Plymouth Zoning Ordinance. 1. That because the particular physical surroundings, shape, or topographical conditions of the specific parcel of land involved, a particular hardship the owner would result as distinguished from a mire inconvenience, if the strict letter of the regulations were to be carried out. The property is distinctly smaller than the minimum Plymouth lot in RSF-2 of 12,500 sgft. Required drainage and utility easement, in combination with no serviceable utilities and angled shape significantly restrict its use. 2. That the conditions upon which a petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally to other property within the same zoning classification. At less than 9,500 sq. ft. The property Is distinctly smaller than the minimum Plymouth lot in RSP -2 of 12,500 sq.ft. Required drainage and utility easement, in combination with no serviceable utilities and angled shape significantly restrict its use. The property is unique as, it abuts Harrison Hills Second Addition common property. The property is adjacent to open space. The Harrison Hills Second Edition common path system is physically Separated from the lot by a wild flower grassy area. Page 26 3. That the purpose of the variation is not based exclusively upon a desire to increase the value or income potential of the parcel of land. the proposed patio is to improve the resident's duality of life. This is a homesteaded property in a community that is renowned as a great place to raise,a_.':_famiiy.where we intend to raise our family and live indefinitely. 4. That the alleged difficulty or hardship is caused by the Ordinance and has not been created by any persons presently having an interest in the parcel of land. The situation is solely due to the easement requirements for the City of Plymouth and the restrictions for which utilities will not exist. 5. That the granting of the variation will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. This is a relatively secluded area. Because of the lot placement and the limited access, there is no Harrison Hills Second Addition's community access or use of the abutting common area for at least 24 feet. The abutting area and beyond up to the path was landscaped by the homebuilder to define the border of the property and maintained by the home owner ever since. There is no public welfare or injury involved. 6. That the proposed variation will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood. a The patio area will not impair the light or air supply to adjacent properties. The rear of our house, it will have no impact on traffic, fire, or public safety. 7. That the requested variance is the minimum action required to eliminate the hardship. The patio was- de -finned to provide a safe place to ru.v our kids and have a safe place to play with friends and a place where our family can enjoy our pursuit of happiness. While we realize that a patio is not a permanent structure and easier to remove than a structure like a deck or enclosed three season porch, by making the patio this specific size represents a dramatic change in the quality of life and safety and extent of enjoyment that will result. 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R :.zL ,.. j. ,'. `,.. p Rte,'. : , WN 7. lnz ;I40 7. t. ::--71:-- 7. z - yam _ z'-- - Sof- -:-_-—..,-- 3 -'_ fy T'- r .3Y ?- j.; _ - - _ LOOKING WEST FROM PATIO CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION DENYING A VARIANCE FOR STEVE AND ROBERTA DAHL FOR PROPERTY LOCATED AT 5545 XIMINES LANE FORTH (2010036) WHEREAS, an application has been filed by Steve and Roberta Dahl which requests approval of a variance to allow a patio to be installed up to the rear property line, for property legally described as follows: Lot 6, Block 2, Harrison Hills 2nd Addition, Hennepin County, Minnesota WHEREAS, the Planning Commission has reviewed the request at a duly called public meeting. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Steve and Roberta Dahl for a variance to allow a patio installed up to the rear property line where six feet is required for property located at 5545 Ximines Lane North, based upon the following findings: 1. There is no hardship associated with the physical surroundings, shape, or topography of the property that would prohibit the applicants from using and enjoying the property in the existing condition. Although the additional patio may be a desirable addition to the property, the applicants currently have—and would continue to have—reasonable outdoor use of the property without the additional patio. 2. Lot sizes in the subdivision in which the subject lot is located are smaller than the minimum RSF-2 lot size. All of these smaller -sized lots have the same six-foot rear yard setback for improvements such as a patio. Developed single family lots in the rest of the city that are smaller than 12,500 square feet also have the same six-foot rear -yard setback for improvements. Consequently, a smaller lot does not constitute a unique circumstance. 3. The applicant has not demonstrated how the storm water would flow around the patio or how the grade difference would be accommodated to prevent impact to adjacent properties. 4. The hardship is self-created as the applicants could reduce the size of the patio. 5. The variance is not the minimum action necessary because the applicant could build a smaller patio that conforms to ordinance requirements. ADOPTED by the City Council on June 22, 2010. Page 3 5 Resolution 2010- 2010036) Page 2 STATE OF MINNESOTA) COUNTY OF HENNEPIN) SS. The undersigned, being the duly qualified and appointed City Clerk of the City of Plymouth, Minnesota, certifies that I compared the foregoing resolution adopted at a meeting of the Plymouth City Council on June 22, 2010 with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk P:\CommDev\STAFFREP\RES\2009\2009058 res deny var stone source.docx Page 36