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City Council Packet 04-27-2010.pdf
CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING APRIL 27, 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 allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission for future report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.01 Announce City Sampler on May 1 at City Hall (Mayor Slavik) 4.02 Announce Yellow Ribbon Initiative (Police Chief Mike Goldstein and Officer Randall Richardson) 4.03 Present 2009 Annual Report on Volunteer Program (Volunteer Coordinator Jackie Maas) 4.04 Accept 2009 Community Service Award and Donation from Foth and Van Dyke in honor of Kathleen Osborne 4.05 Recognize Human Resources Manager Jeanette Sobania 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 ConsentAgenda and placed elsewhere on the agenda. Regular Council Meeting 1 of 3 April 27, 2010 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements 6.03 Approve Change Order No. 1 for 36th Avenue Street Reconstruction Project (8104) 6.04 Approve Change Order No. 1 for Campus Drive Mill and Overlay and Culvert Replacement (8107) 6.05 Approve Riparian Restoration and Stream Bank Stabilization grant with Hennepin County for the Plymouth Creek Stream Bank Restoration Project (8128) 6.06 Award Contract for 8th Avenue Street Reconstruction Project (10004) 6.07 Accept petition, order preliminary engineering report, receive report and order street light project located at 16715 25th Avenue 6.08 Approve encroachment agreement for a retaining wall/berm located at 4290 Weston Lane 6.09 Approve First Amendment to Grant Agreement SG -2009-006 Between the Metropolitan Council and Plymouth Metrolink 6.10 Prohibit access to Vicksburg Lane for property located at 15820 91h Avenue North for Charles and Wendy Murphy. (201003 1) 6.11 Approve rezoning from I-2 (General Industrial) to PUD and PUD general plan to allow the existing daycare as a principal use for property located at 13905 County Road 6. Carlson Real Estate Company (2010024) 7. PUBLIC HEARINGS 8. GENERAL BUSINESS 8.1 Consider 2010 Trail Improvement Project Dunkirk Lane to Vicksburg Lane Regular Council Meeting 2 of 3 April 27, 2010 9. REPORTS AND STAFF RECOMMENDATIONS 9.1 Legislative Update 10. ADJOURNMENT Regular Council Meeting 3 of 3 April 27, 2010 Annual Report 2009 Volunteers FY 2009 Duplicated count — Some volunteers participated in more than one department and program. Using the industry standard from the Independent Sector, the current value of a volunteer hour is $20.25. FY 2009, FY 2008 and FY 2007 Volunteers and Hours by Department FY Department Volunteers1 Volunteers Hours Contributions in Kind Regular, Special FY 07 FY 07 Administrative Services Project and 1,566* 249615 4989454** Special Event 882 Communi Development 3 Volunteers 1 66 1 Duplicated count — Some volunteers participated in more than one department and program. Using the industry standard from the Independent Sector, the current value of a volunteer hour is $20.25. FY 2009, FY 2008 and FY 2007 Volunteers and Hours by Department FY Department Volunteers1 09 FY 09 FV 1lunteers i FY 08 Hours VolunteersHours FY 07 FY 07 Administrative Services 22 542 42 736 11 882 Communi Development 3 3.5 1 66 1 5 Fire 5 60 4 20 0 0 Parks & Recreation 1,108 14,829 897 14,943 842 11,765 Police 67 7,193 96 7,734 50 4,313 Public Works 361 1,988 213 1,632 242 1,345 Total 1,566 1 24,6151 1,2531 25,131 1 1,146 1 18,310 2009 Volunteer Services Program Overview Overview Throughout 2009, volunteers continued to gain importance as a means of extending City resources through the efforts of those with time and skills to share. There was an increase seen in people seeking to volunteer who had been laid off or were seeking employment. In 2009, 356 individuals contacted the Volunteer Services office about volunteer opportunities. Subsequently, 141 applications were received and 109 potential candidates were interviewed for regular or short-term positions, an increase of 21 % more interviewed than last year. Benefits of a Volunteer Program A city-wide volunteer program provides many benefits to many individuals. It supports staff in their daily tasks, offers new ways of doing work, adds value and meaning to volunteers' lives and provides vital interactions between the City and community members. A volunteer program also provides monetary benefits by extending City resources. Using the industry standard from the Independent Sector, the current value of a volunteer hour is $20.25. With 1,566 volunteers donating 24,615 hours, volunteers donated $498,454 in contributions in kind in 2009. These contributions equal 11.8 FTE employees. Additionally, the Police Chaplain volunteers contributed 1,760 on-call hours. It is evident that volunteers add substantial value to the City. 2,000 1,500 1,000 500 Volunteers Comparison by Year 1.253 1,566 13 FY 06 Volunteers EFY 07 Volunteers oFY 08 Volunteers a FY 09 Volunteers Volunteer Hours Comparison by Year 30,000 9s 1 R 1 24,616 20,000 10,000 13 FY 06 Hours ®FY 07 Hours QFY 08 Hours 0 FY 09 Hours Please note that in 2007, we began including the Police Reserve and Explorer volunteer hours in our counts. In 2008, the Explorer hours were expanded to be more inclusive of their contributions. In 2009, with 313 more volunteers participating than the year before, there was a 25 percent increase in volunteers. There were 517 fewer fours for a 2 percent decrease in hours contributed, 3 Public 2 Police 4% Volunteers byDepartment Admin Fire Public V 0/c Police 29% V Hours by Department Fire Admin h % P&R 71% ev P&R 60% Please note that in 2009 volunteers contributed to the Community Development department in numbers that equaled less than one percent of the totals. Programs and Positions Volunteer positions are divided into three categories. Ongoing volunteers provide regular, often weekly, support. Time-limited volunteers work on projects that are specific or have a beginning and an end. Special event volunteers assist during the many City -sponsored events throughout the year. In 2009, there were 757 special event shifts. Special event volunteers display a fierce loyalty to the events in which they participate year after year after year. This shows a deep commitment both to the individual program and to providing excellent service to the residents who attend the events. 4 Staff people have shown good management skills by creatively developing new positions and opportunities for volunteer involvement. In 2009, there were 136 requests for volunteer assistance for special mailings, data entry projects, short-term special projects and special events above and beyond the big annual events and current existing positions. This was an increase of 79% from 2008. Demographics City volunteers are a diverse group of individuals who come from a variety of backgrounds. ages and abilities. While the vast majority of volunteers reside in Plymouth (78%), volunteers from 36 different communities support the City. A breakdown by age reveals 20% teens, 67% adults and 13% seniors. An equal number of women and men participated. Area teens contribute greatly to the success of the City's volunteer program. Through the Summer Teen Volunteer program, high school students age 14 and older provide support to summer recreation programs. In 2009, 49 student volunteers contributed 1.738 hours. Teens also provide friendly and enthusiastic service to those who attend the City's special events. Their energy is contagious and spreads quickly to those around them. Community Partnerships Many of the teens who assist with special events come to the City through the Wayzata High School Club Y.E.S. (Youth Extending Service) program or Armstrong High School National Honor Society. In addition, four Boy Scouts completed substantial projects for the Parks maintenance program to achieve their Eagle Scout status. Hopefully all these students will remain committed to volunteerism as they move on with their lives. Other local civic organizations and businesses that supported the City through volunteerism include Community Bank; The Rotary Clubs of Plymouth, Orono and Wayazata; the Association of Medicine Lake Citizens; Plymouth Fine Arts Council; Parks & Recreation Advisory Commission; Prudential Financial; Honeywell; various Boy Scout and Girl Scout groups; Kaposia Inc.; G & F Environmental Club; General Mills; Lifetime Fitness; Heather Ponds neighborhood; Parkview Ridge townhouse owners; Messiah United Methodist Church; Minnesota School of Business; Beautiful Savior Lutheran Church; Boston Scientific; Vision of Glory Lutheran church; Adams Realty; Armstrong Choral Society; Ascension Evangelical Lutheran Church; Funfar Landscaping; Goebel Chiropractic & Family Wellness; the Sarenpa Team — Keller Williams Realty; and Plymouth Fire Department. Volunteer Recognition The City's annual volunteer recognition event is eagerly anticipated by volunteers, staff and Council members alike, and over 275 were in attendance in October at Plymouth Creek Center. Volunteers generously donated 388 pounds of food for a local food shelf that evening. Despite continued economic uncertainty; 14 area businesses also recognized City volunteer efforts by donating a total of $2,270 to support the event. In addition, nearly $2.200 worth of gift items from 42 businesses and organizations was collected to provide 96 door prizes during the event. wi Summary Year after year, volunteers provide significant contributions to the City while supporting their community, gaining new skills and enjoying meaningful experiences with other volunteers and City staff members. The City is ,grateful for all their assistance. 1 2009 Administrative Services Volunteers Overview Volunteers help to keep the City's Administrative Services department running smoothly by providing behind the scenes support. In 2009, ongoing volunteers continued to assemble information packets for new residents, provide homestead verification support, and assist with clerical support. A high school student interviewed various City staff members to compile information for a new employee orientation PowerPoint presentation. Administrative Services staff requested additional volunteers to assist with data entry projects and small copying, collating and mailing projects. During the City Sampler event, volunteers greeted residents and helped serve refreshments. 50 40 30 20 10 Administrative Volunteers by Year 42 FY 06 Volunteers m FY 07 Volunteers FY 08 Volunteers ©FY 09 Volunteers Administrative Hours by Year 1,000 882 736 800 747 600 542 400 200 0 ElFY06Hours MFY07Hours 11 FY 08 Hours ®FY 09 Hours While there were 20 fewer Administrative Services volunteers in 2009 than in 2008 for a decrease of 48 percent, there were also 194 fewer hours for a decrease of 26 percent. These decreases can be attributed to the Election Judge Trainee program not running in 2009. Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With 22 volunteers donating 542 hours, volunteers donated $10,976 in contributions in kind in 2009. These contributions equal .26 FTE employees. 7 City of Plymouth Volunteer Hours by Department - Overview January 2009 through December 2009 Total Administration Hours Carpentry 1.00 City Sampler 15.25 Clerical Aide 122.25 Data Conversion 0.00 Data Entry 24.25 Election Judge Trainee 0.00 Employee Orientation Research 30.00 1T Proarammina 0.00 Music in Plymouth 5.75 New Resident Packets 112.75 Photographer 0.00 Special mailing 0.00 Web design 0.00 Website Management 0.00 Count 1 6 2 0 3 Administration 311.25 15 City of Plymouth Volunteer Hours by Department - Overview January 2009 through December 2009 Total Finance Hours Aide 69.00 Assessing Aide l l 1.50 Clerical 47.25 Data Conversion 0.00 Photographer 0.00 Utility Billing 0.00 Finance 227.75 2009 Community Development Volunteers Overview In 2009, a volunteer provided American Sign Language translation for a Section 8 client, and two volunteers who own a landscaping business provided professional landscape design consultation for Vicksburg Commons. Community Development Volunteers by Year 1 1 1 FY 06 Volunteers 13 FY 07 Volunteers FY 08 Volunteers FY 09 Volunteers Community Development Hours by Year 80 66 5760 40 LL 3.520 0 11 FY 06 Hours FY07 Hours FY 08 Hours fl FY 09 Hours While the number of Community Development volunteers increased by 200 percent in 2009, the number of hours decreased by 95 percent. Hopefully the economy will improve soon to create more opportunities for regular volunteer involvement. Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With three volunteers donating 3.5 hours, volunteers donated x;71 in contributions in kind in 2009. These contributions equal .00 FTE employees. 0 City of Plymouth Volunteer Hours by Department - Overview January 2009 through December 2009 Total Cammunity Development Hours Count Clerical Aide 0.00 Interpreter - ASL 1.00 Landscape Consultant 2,50 Community Development 3.50 2009 Fire Volunteers Overview The Fire department showed great growth and development by bringing on a volunteer to provide regular clerical assistance with data entry, copying, and assembling recruitment packets for potential new firefighters. Another volunteer helped reformat the department's lieutenant exam by compiling test questions from several sources into one cohesive document. Three other volunteers collated, stuffed and labeled a mailing for the Night to Unite event. Fire Volunteers by Year V 5 FY 06 Volunteers E FY 07 Volunteers Cl FY 08 Volunteers m FY 09 Volunteers 100 50 Fire Hours by Year o SFY06Hours FY07Hours 13FY08Hours FY0914ours The department showed a steady increase in both volunteer involvement and hours in 2009 with an increase of 25 percent more volunteers and 200 percent more hours. Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With five Fire volunteers donating 60 hours, volunteers donated $1,215 in contributions in kind in 2009. These contributions equal 0.03 FTE employees. 9 1- 772 0 0 0 1 FY 06 Volunteers E FY 07 Volunteers Cl FY 08 Volunteers m FY 09 Volunteers 100 50 Fire Hours by Year o SFY06Hours FY07Hours 13FY08Hours FY0914ours The department showed a steady increase in both volunteer involvement and hours in 2009 with an increase of 25 percent more volunteers and 200 percent more hours. Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With five Fire volunteers donating 60 hours, volunteers donated $1,215 in contributions in kind in 2009. These contributions equal 0.03 FTE employees. 9 City of Plymouth Volunteer Hours by Department - Overview January- 2009 through December 2009 Total Hours Count Fire Clerical Aide 45.00 1 Clerical projects 15.00 4 Made outgoing calls 0.00 D Fire 60.00 5 2009 Parks & Recreation Volunteers Overview Volunteers play an integral part in the success of the Parks & Recreation department. From maintaining clean parks, trails and beaches to providing friendly service to visitors attending the City's many annual special events, volunteers provide vital interactions with residents and offer a sense of pride and ownership in their neighborhoods. The City's many- volunteer coaches also need to be mentioned. Some are parents who return annually to participate in their children's recreational sports activities, others are individuals who want to instill the love of the game and sportsman-like behavior in the next generation. Volunteers coached t -ball, baseball, soccer (nearly 150 coaches), flag football and rink rat hockey. They also chaperoned middle school downhill ski trips. Area teens also contributed greatly to the Park & Recreation program. Through the Summer Teen Volunteer program, high school students age 14 and older provide support to summer recreation programs. In 2009, 49 student volunteers contributed 1,738 hours. Teens also provided friendly and enthusiastic service to those who attended the City's special events. Volunteers take the safety of the City's parks very seriously. If they discover something amiss during their regular checks on the parks, they alert staff as to concerns such as loose boards on the board walk at West Medicine Lake Park or large potholes that had appeared on a path in the Reserve Park. They also notify staff if graffiti has been left on any park signs or equipment. New volunteer positions and initiatives this year included an interior design consultant, computer instructors for seniors, aides to assist with the National Recreation & Parks .Association accreditation process, researchers delving into the history of Medicine Lake Park, and a database management consultant to help guide the Volunteer Services volunteer database upgrade. Volunteers also assisted with ane -time -only clerical projects such as mailings. data entry, assembly, etc. Numerous additional small events such as the Waffle Breakfast, gymnastic photos, Healthy Living Fair, Bridal Expo, Spring Eggstravaganza, An Evening with Elvis, Ninety -Year -Old Celebration, Pie Day, Kid's Swap Meet, Learn to Skate School registration. Ice Center hockey game ticket taking. and more helped to accumulate additional special event hours. In Park maintenance, four Eagle Scouts re -decked the fishing pier (a $5,000 budget savings) and created a sitting deck at Parker's Lake Park ( nearly $4,000); installed pavers and built an arbor and sitting area at the entrance to the Legacy Greenway park; and created a sitting area and installed an informational sign about the history of the old City Hall building at the Plymouth Historical Society. Volunteers painted and repaired picnic tables and park benches, and helped rebuild pitching mounds and infields, among other projects. Several volunteers assisted the Forestry department with planting trees along the proposed Greenway route. In one of many community partnerships, 22 General Mills volunteers planted native trees and shrubs to enhance the Millennium Garden addition. 10 1,200 1,000 800 600 400 200 0 Parks & Recreation Volunteers by Year 1,108 FY 06 Volunteers 0 FY 07 Volunteers FY 08 Volunteers CIFY 09 Volunteers 20,000 15,000 10,000 5,000 0 Parks & Recreation Hours by Year 4 A 4']O 0 FY 06 Hours FY 07 Hours FY 08 Hours © FY 09 Hours There were 211 more Parks & Recreation volunteers in 2009 than in 2008, for an increase of 24 percent, while there were 114 fewer hours for a decrease of one percent. In 2009, greater attempts were made to track large groups of volunteers who did one -time -only projects, for example Brownie Scouts picking up trash in a park for one day, which resulted in a higher volunteer count. Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With 1,108 volunteers donating 14,829 hours, volunteers donated $300,287 in contributions in kind in 2009. These contributions equal 7.13 FTE employees. 11 City of Plymouth Volunteer Hours by Department - Overview January 2009 through December 2009 Total Park & Rec Hours nt Accountant-PFAC 12.50 l Accreditation Aide 9.00 2 Ambassador 11.75 1 America Cup 1 0.00 0 Autumn Art Fair 66.25 19 Babysitter Instructor 0.00 0 Bare Root Tree Sale 60.50 10 Baseball/T-ball Coach 678.00 44 Basketball Coach 0.00 0 Battle of the Bands 7.00 2 Beach Cleanup 137.25 2 Bike Tour Leader 10.00 1 Bridal Expo 14.00 5 Buckthorn Removal 32.00 2 Clerical Aide 83.00 5 Computer Users Group 48.00 1 Dance Recital 10.00 5 Data Entry 29.25 3 Database Conversion 6.00 1 E--stravaganza 22.75 9 Farmer's Market Aide 0.00 0 Fire &. Ice 100.75 49 Firearm Safety Instructor 99.00 6 Flag Football Coach 135.00 9 Flower Planting 144.50 48 Front Desk Greeter 527.75 6 Graphic Artist 9.00 1 Gymnastics Aide 61.00 5 Halloween at the Creek 168.25 58 Healthy Living Fair 51.00 14 Historical Researcher 16.75 3 Hockey coach 167.50 8 Ice Arena event 9.00 3 Ice Center Clerical Aide 208.00 3 Inclusion 9.00 1 Interior Desitrn Consultant 7.00 1 Jazz Impressions 0.00 0 Kid's Garage Sale 18.75 7 Landscaping & Tree Planting 24.00 5 Little Costume Bail 14.50 6 Little Luau Ball 0.00 0 Little Sweetheart Ball 21.00 9 Lower Level 14.00 3 Total Hours Count Mascot 0.00 0 Millennium Garden Bricks 2.00 2 Millennium Garden Caretakers 26U5 8 Millennium Garden website 4.00 1 Mutt Mitt Dispensers 67.00 10 Mystery Dinner Theatre 0.00 0 New Year's Eve Event 65.00 19 Newsletter for Seniors 203.00 1 Old Fashioned Christmas 94.25 33 Outdoor Maintenance Work 105.00 3 PFAC 135.00 10 PFAC Website 66,00 1 Photographer 13.00 2 Plymouth on Parade 82.00 23 Popcorn & Movie Day 12.50 1 PR Seniors 36.00 1 Preschool Aide 24.75 2 Primavera 140.00 34 Proofreader 8.00 2 Recruit Seniors 5.75 1 Russian Translation 0.00 0 Santa Letters 22.75 5 Sell Tickets @ Ice Arena 0.00 0 Senior Computer Instructor 2.50 1 Senior Special Event Assistant 67.00 21 Sewing Costume 8.00 1 Shopper for Senior Events 8.50 1 Sign Lettering 0.00 0 Skate Guard 0.00 0 Ski Chaperone 202.00 9 S"mores assembly 9.00 5 Soccer Coach 4,110.00 137 Special Event Planner 16.50 4 Special Events 9.25 6 Special Mailings 58.75 17 Special Park Clean-up 0.00 0 Stewards for Greening Plymouth y 50.00 10 Summer Carnival 0.00 0 Summer Teen 1,737.75 49 Take down elmentary art 2.50 2 Team Green Tree 13.00 2 Teen Advisory Group 96.00 21 Ticket Sales Ice Arena 0.00 0 Ticket Taker 81.75 3 Trail Inventory 0.00 0 Volunteer in the Park 1,784.00 67 Water Safety Aide 123.00 14 Wedding Rehearsal Coordinator 40.25 5 Yard & Garden Expo 257.75 70 Park & Ree Total Hours Count 13,066,75 641 Parks & Recreation Regular volunteer hours 13,067 Special one-off hours 1762 Totall 14,829 Parks & Recreation Regular volunteer count 641 Special one-off volunteer count 467 Total 1,108 2009 Police Volunteers Overview The Police Department continues to have a strong volunteer program with volunteers providing meaningful service to the community through the Reserves, Chaplains, Senior Police Corps, and the Citizen Emergency Response Corps (CERT). Young people with an interest in law enforcement careers are mentored through the Explorer program. A new volunteer began sharing extensive Federal experience to assist the City in its emergency management planning. Volunteers also provided support to the Police Department by videotaping and editing for the Along for the Ride" cable television program, doing data entry for the ECEL Program and appearing as the McGruff mascot for the Flight to Unite event. Police Volunteers by Year 150 96 67 100 60 50 18 0 FY 06 Volunteers FY 07 Volunteers o FY 08 Volunteers FY 09 Volunteers Police Hours by Year 10,000 7,734 7,1938,000 6,000 4313 4,000 1 4702,000 0 13FY06Hours 6FY07Hours 0FY08Hours DFY09Hours There were 29 fewer Police volunteers in 2009 than in 2008, for a decrease of 30 percent. There were 541 fewer hours, as well, for a 7 percent decrease. These decreases can be somewhat explained by the preparations in 2008 to get the CERT program running including the many volunteers involved in the CERT council and a one-time training exercise. In addition to real" hours contributed on site, the Chaplains provided an additional 1,760 on-call hours during which they were available 24 hours a day by pager in case of an emergency. 12 Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With 67 volunteers donating 7,193 hours, volunteers donated $145,65$ in contributions in kind in 2009. These contributions equal 3.5 FTE employees. 13 City of Plymouth Volunteer Hours by Department - Oven-icw January- 2009 through December 2009 Total Hours Count Police CERT 565.00 19 CERT Council 0.00 0 CERT Training Exercise 0.00 p Chaplain Corps 175.00 5 Clerical Aide 6.00 1 Data Entry 0.00 0 Emergency Management 259.00 1 Explorers 0.00 0 Interpreter - ASL 0.00 0 Interpreter - Spanish 0,00 0 Juvenile Diversion Facilitator 0.00 0 Mascot 3.00 1 Police Reserves 3,041.50 21 Senior Police Corps 792.25 5 Special Mailings 0.00 0 Translating Russian 0.00 0 TV Editor 127.00 1 Police 4,971.75 52 Police Regular volunteer hours 4,971 Explorer hours 2,222 Total 7,193 Police Regular volunteer count 52 Explorer count 15 Total 67 2009 Public Works Volunteers Overview Volunteers in the Public Works department share a great concern and stewardship for the environment and City resources. They adopt storm drains to keep water systems clean and clear, adopt streets to keep them free of rubbish, assist with City-wide special recycling days, clean up the banks of Bass Creek which flows through Shingle Creek into the Mississippi River, maintain the landscaping at a bus transit station, help to educate the public during the Environmental Quality Pair, and provide educational sessions to the public on how to make plant selections and landscape choices through the Blue Thumb program. Volunteers also provided graphic design, photocopying, data entry, photography, assembly and other support. Eleven volunteers acted as photo models showing good environmental practices for future publications. Six additional volunteers spent a day greeting bus riders to highlight the City's new buses and collect food donations, with the first shift beginning at 6 a.m. Public Works Volunteers by Year 400 361 300 200 100 13 FY 06 Volunteers ®FY 07 Volunteers FY 08 Volunteers FY 09 Volunteers Public Works Hours by Year 3,000 1,632 1,988 2,000 1 45 1 314 1,000 - 13FY06Hours 0FY07Hours ElFY08Hours 13FY09Hours While the department showed only 9 fewer Public Works volunteers in 2009 than in 2008, the volunteers who did participate contributed 625 more hours for an increase of 39 percent. This increase occurred due to doing a better job of tracking hours from Adopt a Street volunteers and a greater use of clerical volunteers. 14 Using the industry standard from the Independent Sector, the current value of a volunteer hour is 20.25. With 361 volunteers donating 1,987 hours, volunteers donated $40,237 in contributions in kind in 2009. These contributions equal 0.8 FTE employees. ik City of Plymouth Volunteer Hours by Department - Overview January- 2009 through December 2009 Total Engineering Hours Adopt a Storm Drain 508.25 48 Adopt a Street 127.00 29 Adopt a Transit Station 20.75 3 Assembly 28.25 9 Blue Thumb 10.50 6 Clean Sweep 611.25 47 Clerical Aide 18.00 4 Data Entry 48.00 1 Dial a Ride Ghost Rider 0.00 0 EQ Fair 74.25 28 EQ Fair Event Coordinator 1.00 1 Graphic Design 14.00 1 Mailings 30.25 10 Metrolink Mystery Rider 0.00 0 Photo Model 18.50 11 Photographer 6.25 2 Recycling 97.00 17 Research 9.00 2 Shingle Creek Clean-up 20.25 10 Special Event 12.75 7 Engineerinb 1,655.25 203 City of PIN -mouth Volunteer Hours by Department - Overview January 2009 through December 2009 Total Public Worcs Car Washer Srreet Light Monitor Hours Count 24.00 0.00 Public Works 24.00 Public Works Regular volunteer hours 1,679 Special one-off hours 308 Total 1,987 Public Works Regular volunteer count 204 Special one-off volunteer count 157 Total 361 I 0 rp)City of Plymouth Agenda 4 . 0 4Number: ridding Quality to Life To: Laurie Ahrens, City Manager REGULAR Sarah Hellekson, Transit / Solid Waste Manager COUNCIL MEETING Prepared by: Derek Asche, Water Resources Manager Paul Buck, Forester April 27, 2010 Reviewed by: Doran Cote, Director of Public Works Item: Acceptance for Donation for Environmental Projects 1. ACTION REQUESTED: Approve the attached resolution accepting the $1,000 donation from Foth and Van Dyke, LLC. 2. BACKGROUND: Foth & Van Dyke awarded their 2009 Community Service Award to Kathleen Osborne, a Foth & Van Dyke employee and chair of the Environmental Quality Commission. Ms. Osborne named the City of Plymouth as the recipient of the $1,000 donation from Foth & Van Dyke. Ms. Osborne and city staff are considering two environmental projects to be funded by the donation. Staff recently conducted a waste evaluation at the Plymouth Ice Arena and determined that four to six recycling bins could be used serve the areas in and around the arena and the grant could be used to fund all or a portion of the bins. Staff is also examining a product currently marketed to improve water quality through the use of plants installed on floating island which act as a filter for phosphorus removal and other excess nutrients in the water. The grant could be used to fund a portion of a floating island to be placed in the Millennium Garden Pond if the product proves to be viable. The island is also being considered for an Eagle Scout project. 3. BUDGET IMPACT: The grant amount is $1,000. All of the recycling bins could be purchased with the grant funds or a portion of the bin costs could be covered by the grant proceeds with the remainder applied to the floating island costs. There could be ongoing operational costs for the floating island if it is selected and installed and proves viable. 4. ATTACHMENTS: Possible Environmental Projects Page 1 Attachment Photos of possible Environmental Projects funded by Foth 8t Van Dyke Community Service Award Example of a bottle -shaped recycling bin. Example of floating islands. Page 2 CITY OF PLYMOUTH RESOLUTION No. 2010- A RESOLUTION TO ACCEPT A DONATION FROM FOTH F# VAN DYKE, LLC TO BE USED FOR ENVIRONMENTAL PROJECTS WHEREAS, Foth & Van Dyke, LLC has awarded the 2009 Community Service Award to Kathleen Osborne in honor of her service to the City of Plymouth; WHEREAS, Kathleen Osborne has donated the $1,000 award to the City of Plymouth to fund environmental projects; WHEREAS, the City of Plymouth protects and values the natural environment and has a water resource management plan to protect Plymouth's lakes and wetlands; and WHEREAS, the City Council adopted the Solid Waste Source Reduction Plan in 1991 (Res. No. 91-349) which encourages waste reduction and recycling in City of Plymouth facilities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA That the City Council hereby adopts this resolution accepting the $1,000 donation from Foth & Van Dyke in honor of Kathleen Osborne and approves the environmental projects funded by the donation to purchase recycling containers for the Plymouth Ice Arena and a floating island and plants for the Millennium Garden Pond. APPROVED THIS 27TH DAY OF APRIL, 2010. Page 3 11 Le"I Proposed Minutes 2010 Board of Appeal and Equalization April 6, 2010 The meeting of the Plymouth City Council sitting as the 2010 Board of Appeal and Equalization was called to order by Mayor Slavik at 7:05 p.m. in the City Council Chambers, 3400 Plymouth Boulevard, on April 6, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Johnson, Murdock, Willis, and Stein. COUNCIL ABSENT: Councilmembers Black and Bildsoe. STAFF PRESENT: City Manager Ahrens, City Assessor Hebert, Appraiser Supervisor Olsson, Commercial Appraiser Pidde, Appraisers Kingsbury, Bowman, and Vander Linden, Administrative Services Director Portner, Deputy Police Chief Plekkenpol, Public Works Director Cote, and City Clerk Engdahl. Roberto DeGaetano, 5274 Ximines Lane North, mentioned the decline in their property value from when they purchased the property. They have completed a number of upgrades to their home; therefore, he requested a more accurate valuation of his property. He noted that a lot of this driven by what we're seeing in the community where buyers are purchasing properties for prices that aren't truly reflective of the property. Mayor Slavik stated the Board of Appeal and Equalization would reconvene on April 20 at 7:00 p.m. in the Council Chambers. She closed the Local Board of Appeal and Equalization to further appeals. City Assessor Hebert read into the record the following properties that have filed written appeals: 1. Roberto DeGaetano (12-118-22-22-0025) 2. Todd Hollands (19-118-22-23-0066) 3. Jerry Lorenzini (22-118-22-14-0024) Adjournment Mayor Slavik declared the Board of Appeal and Equalization meeting recessed at 7:22 p.m. The Council then conducted their quarterly update with the City Manager in the Medicine Lake Conference Room, and that meeting ended at 8:15 p.m. All members of the Council were present at that Special Meeting with the exception of Councilmember Black. Sandra R. Engdahl, City Clerk Proposed Minutes Board of Equalization 1 of 1 April 6, 201 Rage 1 Proposed Minutes Regular Council Meeting April 13, 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 April 13, 2010. COUNCIL PRESENT: Mayor Slavik, Council Members Bildsoe, Murdock, Willis, Johnson, and Stein. ABSENT: Councilmember Black. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park Director Blank, Community Development Director Juetten, Deputy Fire Chief Springer, Administrative Services Director Portner, Deputy Police Chief Plekkenpol, Recreation Supervisor Greupner, Public Works Director Cote, and City Clerk Engdahl. Plymouth Forum No one was present to address the Council. Presentations and Public Information Announcements 4.01) Acceptance of Donation for Elm Creek Park Improvements Park Director Blank announced a $5,000 donation from Ron Mielke for the installation of a flag pole at Elm Creek playfield. He stated Mr. Mielke has been a seasonal worker for the City and has umpired baseball and softball games for approximately 30 years. Mr. Mielke stated it's an honor for him and his wife to donate this flagpole. He has enjoyed working as a seasonal worker and umpiring for the City for many years. He stated he's very proud of the City's facilities, fellow umpires, players and coaches, and all the people who organize these programs. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to adopt a Resolution Accepting Donation for Elm Creek Park (Res2010-087). With all members voting in favor, the motion carried. 4.02) Announcement of Crime Stopper Program Proposed Minutes 1 of 4 Regular Meeting of April 13, 2010 Page 2 Deputy Police Chief Plekkenpol announced the new Crime Stopper Program that the City is establishing in conjunction with the Crime Stoppers of Minnesota Program. 4.03) Announcement of Primavera on April 16-19 at the Plymouth Creek Center Recreation Supervisor Greupner announced Primavera on April 16-19 at the Plymouth Creek Center. Park Director Blank announced that Recreation Supervisory Greupner will be retiring on May 26. He and the Council thanked her for over 30 years of service to the City. 4.04) Announcement of "Great Shingle Creek Watershed Clean -Up Week" Mayor Slavik read the Proclamation declaring April 17-24 as the "Great Shingle Creek Watershed Clean -Up Week." Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to approve the a-engda. With all members voting in favor motion carried. Consent Agenda Mayor Slavik removed item No. 6.13, and it was placed under General Business as item No. 8.1. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt the amended Consent Agenda that included the followingitems: tems: 6.01) Approval of Regular Meeting minutes of March 23, 2010. 6.02) Resolution Approving Disbursements ending April 3, 2010 (Res2010-088). 6.03) Resolution Authorizing the Mayor and City Manage to enter into Service Agreements with Social Service Agencies for 2010 (Res2010-089). 6.04) Resolution Approving Payment No. 4 and Final for Pike Lake Lift Station Rehabilitation 8114 — Res2010-090). 6.05) Resolution Awarding Contract for 2010 Street Seal Coat Program (10010 - Res2010-091). 6.06) Resolution Awarding a Contract for 2010 Street Crack Repair Program (100 11 — Res2010-092). Proposed Minutes 2 of 4 Regular Meeting of April 13, 2010 Page 3 6.07) Resolution Awarding Bid for 2010 Street Sweeping Program (100 16 — Res2010-093). 6.08) Resolution Approving Hot Mix Asphalt Bids for 2010 (Res2010-094). 6.09) Resolution Approving Contractual Pavement Marking Contract for 2010 and 2011 Res2010-095). 6.10) Acceptance of 2009 Transit Program Annual Report and 2010 Transit Work Plan. 6.11) Resolution Approving Request for Payment No. 2 and Final for 2009 Temporary Overlay Project (9102 — Res2010-096). 6.12) Resolution Approving a Preliminary and Final Plat for Pulse Land Group LLC, to Split Two Properties located at 4047 County Road 101 and 18740 Medina Road (2009080 — Res2010- 097) and a Resolution Approving Variances for Lot Area and Frontage and Access to a Public Street for Properties located at 4047 County Road 101 and 18740 Medina Road (2009080 — Res2010-098). 613) (This item was removed from the Consent Agenda and placed under General Business as item No. 8.1). 6.14) Resolution Approving Bid for Shiloh Park Playground (Res2010-099). With all members voting in favor motion carried. Public Hearings There were no public hearings. General Business 8.1) Ordinance Amending Chapters 10 and 4 of the Plymouth City Code Concerning Licensing Fees and Title of a Chapter Ali de Kock, owner of Massage Envy, 3225 Vicksburg Lane, voiced her opposition to the proposed ordinance that would increase the licensing and investigation fees for massage therapist and massage therapy centers. She stated the proposed fee of $225 for new massage therapists places a financial burden on those individuals. Many massage therapists are coming back to the massage therapy profession due to their mates or spouses losing their jobs or they themselves having limited financial means. The majority of the massage therapists work 20-30 hours per week due to the physical impact on their bodies. She stated regarding the investigation fee increasing from $50 to $150, she surveyed other Hennepin County cities, and 50% of those cities have no cost structure. She suggested the Council consider the level of compliance. Massage Proposed Minutes 3 of 4 Regular Meeting of April 13, 2010 Page 4 Envy is in compliance 100%, but what current compliance level is there outside of Massage Envy? If they increase their fees due to the City's increases in licensing fees, they would lose customers. She stated the community will lose massage therapists to other cities who have a lower cost structure or no cost structure. Mayor Slavik stated the City is only recovering the cost to perform compliance and investigation services. Deputy Police Chief Plekkenpol added that in order to maintain and legitimize the reputation of massage therapy in the city, staff needs to insure that the compliance level is held at a high level. City Clerk Engdahl clarified that the investigation fee is only for new applications and is a one time only fee. Once an individual is licensed, they only pay the annual license fee. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Stein, to adopt an Ordinance Amending Chapters 10 and 4 of the Plymouth City Code Concerning Licensing Fees and Title of a Chapter (Ord2010-03). With all members voting in favor, the motion carried. Reports and Staff Recommendations 9.1) Legislative Update Staff updated the Council on a number of bills that are being considered in the legislature. Adjournment Mayor Slavik adjourned the meeting at 7:58 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 4 of 4 Regular Meeting of April 13, 2010 Page 5 Proposed Minutes Special Council Meeting April 20, 2010 Mayor Slavik called a Special Meeting of the Plymouth City Council to order at 5:37 p.m. in the Medicine Lake Conference Room, 3400 Plymouth Boulevard, on April 20, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Murdock, Stein, Willis, and Bildsoe 6:10 p.m.). ABSENT: Councilmember Black. STAFF PRESENT: City Manager Ahrens, Community Development Director Juetten, Planning Manager Senness, Senior Planner Darling, and City Clerk Engdahl. Architectural Standards Report Staff discussed with Council the report that they received on draft architectural standards which was based on direction received from the Council at a study session held on June 9. Specific discussion was held requiring that townhomes include a two -stall garage not less than 400 square feet, incorporating banding into the exterior design, and requiring windows, offsets and roof articulation affect a minimum of 20% of the fagade. Carole Toohey, from Lennar Corporation, reiterated her written comments that were provided to the Council this evening. She stated every change increases the cost to them and the homeowners. She noted that the size and placement of windows are based on the livable space for townhomes where space is already limited. The Council indicated to staff that they feel comfortable with the proposed draft, and it could be forwarded to the Planning Commission. Set Future Study Sessions The Council scheduled a special meeting for the purpose of a ribbon cutting ceremony at the Millennium Garden on June 8 at 5:30 p.m. The Council scheduled a joint study session with the Housing and Redevelopment Authority on May 25 at 5:30 p.m. to discuss the proposed housing development located at the northwest corner of Vicksburg Lane and County Road 47 (2010004). Proposed Minutes 1 of 2 Special Meeting of April 20, 2010 Page 6 The Council stated they would be discussing the boards and commissions as part of the budget process later this year. Adjournment Mayor Slavik adjourned the meeting at 6:58 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 2 of 2 Special Meeting of April 21, 2010 Page 7 Proposed Minutes 2010 Board of Appeal and Equalization Reconvened April 20, 2010 The Reconvened Meeting of the 2010 Board of Appeal and Equalization was called to order by Mayor Slavik at 7:00 p.m. in the City Council Chambers, 3400 Plymouth Boulevard, on April 20, 2010. This meeting was reconvened from April 6, 2010. COUNCIL PRESENT: Mayor Slavik, Councilmembers Black, Johnson, Stein, Willis, Murdock, and Bildsoe. COUNCIL ABSENT: None. STAFF PRESENT: City Manager Ahrens, City Assessor Hebert, Assessing Supervisor Olsson, Police Chief Goldstein, and City Clerk Engdahl. Motion was made by Councilmember Willis, and seconded by Councilmember Bildsoe, to confirm the recommendations of staff for the properties contained in the packet materials. With all members voting in favor, the motion carried. Adjournment Mayor Slavik declared the meeting adjourned at 7:01 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes Board of Equalization 1 of 1 April 20, 2010 Page 8 City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING April 27, 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 April 17, 2010 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending April 17, 2010. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending April 17, 2010. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 4.17.10/Council meeting 4.27.10 FUND 100 General Fund 200 Recreation Fund 210 Parker's Lake Cemetery Maint 220 Transit System Fund 204 Community Development Fund 205 Public Safety Grants 207 Economic Development Fund 208 Lawful Gambling 234 Economic Development Fund 250 Comm Dev Block Grant Fund 254 HRA Section 8 Fund 254 HAP Check Summary 258 HRA General Fund 301 2003D Open Space Refunding 302 2003B GO Street Reconstruction 305 2004A GO Public Safety 308 2005A TIF #1-1 400 General Capital Projects Fund 401 Minnesota State Aid Fund 405 Park Replacement Fund 406 Infrasturcture Replacement Fund 407 Project Administration Fund 408 Park Construction 409 Capital Improvement Fund 412 Utility Trunk Fund 413 Improvement Project Construction 414 Shenandoah Administration 416 Public Safety Expansion 851 HRA Senior Apt. Constr Fund 418 Utility Trunk System Expansion 420 Water Sewer Construction 421 Enterprise -Other Construction 998 TIF # 7-2 O.S. (Const) 998 TIF # 7-3 P.O.S. (Const) 422 TIF #7-4 P.T.P (Const) 423 TIF # 7-5 Rottlund (Const) 424 TIF #7-6 Continental (Const) 425 TIF Housing Assistance Program 426 TIF #7-7 Stonecreek ('Const) 427 TIF #7-8 Shops @ Plymouth Creek 428 TIF HRA Senior Apt. Constr. Fund 429 TIF HRA 1-3 Crossroads Station 430 CON -Open Spaces Series 500 Water Fund 510 Water Resources Fund 520 Sewer Fund 530 Solid Waste Management Fund 540 Ice Center Fund 550 Field House Fund 600 Central Equipment Fund 610 Public Facilities Fund 620 Information Technology Fund 630 Risk Management Fund 640 Employee Benefits Fund 650 Design Engineering 660 Resource Planning 850 Senior Housing Bond Trustee Total Invoice Expense Distribution: 189,618.23 35,105.11 0.00 297,428.07 0.00 0.00 0.00 0.00 0.00 24,283.70 147.25 1,137.54 197.40 0.00 0.00 0.00 0.00 0.00 0.00 3,043.69 0.00 0.00 0.00 0.00 0.00 339,700.69 0.00 0.00 0.00 8,550.00 58,109.80 25,185.04 0.00 0.00 0.00 0.00 127.50 0.00 0.00 42.50 0.00 0.00 0.00 50,255.05 2,550.16 26,544.98 17,828.69 15,247.68 6,216.96 295,176.74 69,190.77 19,460.08 7,707.51 266,419.72 0.00 642.37 0.00 0.00 1,759,917.23 Page 2 PB2) City of Plymouth Check Payment Register 04/04/2010 to 04/17/2010 Check EFT Date Paid:04/13/2010 I C M A Inv. 2010-00000075 04/13/2010 ICMA - ICMA Deferred Comp Check EFT Date Paid:04/13/2010 ING Inv. 2010-00000076 04/13/2010 ING - ING Deferred Comp Check EFT Date Paid:04/13/2010 Selectaccount Inv. 2010-00000085 04/13/2010 VEBA CONTR - VEBA Contribution* Check 110452 Date Paid:04/09/2010 Inv. 14257 03/07/2010 Check 110453 Date Paid:04/09/2010 Inv. A84792 03/03/2010 Check 110454 Date Paid:04/09/2010 Inv.0004187579 04/01/2010 Check 110455 Date Paid:04/09/2010 Inv.33436 03/18/2010 Check 110456 Date Paid:04/09/2010 Inv. 00164821 03/16/2010 Check 110457 Date Paid:04/09/2010 Inv. D2081166KD 04/01/2010 Check 110458 Date Paid:04/09/2010 Inv. R9005418 03/29/2010 Check 110459 Date Paid:04/09/2010 Inv.54774 03/16/2010 Check 110460 Date Paid:04/09/2010 Inv. WO6113071 03/17/2010 Check 110461 Date Paid:04/09/2010 Inv.1197540400 03/25/2010 Check 110462 Date Paid:04/09/2010 Inv. 237571 03/18/2010 Check 110463 Date Paid:04/09/2010 Inv.100228 02/28/2010 Check 110464 Date Paid:04/09/2010 Inv. SBX7202 03/17/2010 Inv. SCH2216 03/18/2010 Inv. SCH5183 03/18/2010 Inv. SCP5692 03/19/2010 Check 110465 Date Paid:04/09/2010 Inv.386264 03/30/2010 Check 110466 Date Paid:04/09/2010 Inv. 12043 03/17/2010 Page 1 of 16 Ace Chem -Dry PW carpet cleaning Ace Lock & Safe Co Inc IC replace safe dial Aerotek Inc 3.20.10 PW temp help AIM Electronics Inc IC Rink "C" horns not working American Fastener Misc nuts and bolts American Messaging Services LLC Apr'l0 PD pager rentals American Red Cross Assoc. Tara Etheridge water safety aide class Ban-Koe Systems Inc 9.21.09 PW panels Bertelson Total Office Solutions Small flags in dispensers/prism plus pads Brock White Company LLC 1-Acryl 60 gal/8-box void 4xl2x48 kit econovoid Cadd/Engineering Supply Inc 2-3" core 201b bond Campbell Knutson Prof Assoc Feb'10 Attorney services CDW Government Inc Belkin splitter Laptop Computer for Kevin Mastey Track ball mouse HP 8cell primary battery Central Power Distributors Inc 2.5gal mix pouches City of Maple Grove Feb'10 Dog Impounds Amount: $40,379.03 40,379.03 Amount: $4,223.50 4,223.50 Amount: $24,788.70 24,788.70 Amount: $696.83 696.83 Amount: $394.78 394.78 Amount: $1,320.00 1,320.00 Amount: $634.50 634.50 Amount: $101.02 101.02 Amount: $128.43 128.43 Amount: $14.00 14.00 Amount: $1,584.83 1,584.83 Amount: $36.55 36.55 Amount: $127.40 127.40 Amount: $64.07 64.07 Amount: $30,423.42 30,423.42 Amount: $2,074.60 26.72 1,831.23 41.03 175.62 Amount: $97.61 97.61 Amount: $317.45 317.45 Page 3 4/19/2010 Check 110467 Date Paid:04/09/2010 Comcast Inv. 100316 03/16/2010 2.26/4.25.10 ZWP dataline Check 110468 Date Paid:04/09/2010 Cub Foods /3550 Vicksburg Inv. 100310 03/30/2010 Mar10 Food Charges Check 110469 Date Paid:04/09/2010 Data Recognition Corporation Inv. 206MAR10 03/30/2010 Mar'10 UB Postage Check 110470 Date Paid:04/09/2010 Dicks Sanitation Services Inc Inv. 100223 02/23/2010 R2010.825 refund overpayment Check 110471 Date Paid:04/0912010 Discount Steel Inc Inv. 01583465 03/12/2010 W5 x 19# WF Beam x 4' Check 110472 Date Paid:0410912010 Inv.0090579IN 02/26/2010 Check 110473 Date Paid:04/09/2010 Inv. P201000159 04/07/2010 Check 110474 Date Paid:04/09/2010 Inv. 100331 03/31/2010 Earl F. Andersen Inc. 150 10' 2# Black channel post Elder -Jones Building permit sv 1365 29th Ave P201000159 refund eQuality Pathways to Potential Mar'10 PCC Janitorial Check 110475 Date Paid:04/09/2010 Factory Motor Parts Co Inv. 70004764 03/15/2010 2 -Oil filters Inv. 70005073 03/17/2010 Super duty pads Inv. 70005133 03/17/2010 Super duty pads/oil filter Check 110476 Date Paid:04/09/2010 Flexible Pipe Tool Co. Inv. 13152 03/16/2010 4-Enz replcmnt ceramic insert Check 110477 Date Paid: 04/09/2010 G & K Service Inc Inv. 1006303819 03/19/2010 Public works Uniform rental Check 110478 Date Paid:04/0912010 Gopher State One -Call, Inc. Inv. 0020781 02/28/2010 Feb'10 SW 177 locates Inv. 0020782 02/28/2010 Feb'10 CC 9 SW Locates Check 110479 Date Paid:04/09/2010 Inv. 68831 03/17/2010 Check 110480 Date Paid:04/0912010 Inv.9204703368 03/15/2010 Inv.9204703376 03/15/2010 Inv.9204703384 03/15/2010 Inv.9204703392 03/15/2010 Inv. 9205979991 03/16/2010 Inv.9207707135 03/17/2010 Inv.9208205907 03/18/2010 Inv.9208205915 03/18/2010 Inv.9208522988 03/18/2010 Grafix Shoppe 34 Safety graphics Grainger Water filter cartridge/hand clnr towel Boot size 12 Utility canopy shelter Return Utility canaopy shelter #6204703384 2 -Quick coupler Sprayer shut off brass Rigid Tubing Webbing lanyard Safety can Check 110481 Date Paid:04/09/2010 Graybar Inv. 946799946 03/25/2010 Conduit parts Inv.946799947 03/25/2010 4-Moonlink Inv. 946871891 03/30/2010 Conduit parts/4-moonlink Check 110482 Date Paid:04/09/2010 Greenway Lawn Maint Inc Inv. 100315 03/15/2010 Mar'10 Snowplow services Page 1 of 16 Amount: 23.89 23.89 Amount: 293.31 293.31 Amount: 3,369.72 3,369.72 Amount: 25.00 25.00 Amount: 83.36 83.36 Amount: 3,043.69 3,043.69 Amount: 244.07 244.07 Amount: 448.88 448.88 Amount: $148.40 4.81 57.95 85.64 Amount: $114.55 114.55 Amount: $346.92 346.92 Amount: $274.20 261.15 13.05 Amount: $990.00 990.00 Amount: $373.49 116.41 29.39 441.95 441.95) 38.97 30.64 14.11 53.25 90.72 Amount: $226.15 59.51 87.60 79.04 Amount: $1,400.00 1,400.00 Page 4 4/19/2010 Check 110483 Date Paid:04/09/2010 Hach Company Inv. 6645636 03/12/2010 2 -reference elect mod Check 110484 Date Paid:04/09/2010 Inv.75772 03/01/2010 Inv.75782 03/02/2010 Inv.75843 03/05/2010 Inv.75877 03/09/2010 Inv.75905 03/10/2010 Inv. 76100 03/22/2010 Inv. 76117 03/23/2010 Inv. 76125 03/23/2010 Inv. 76151 03/23/2010 Inv. 76158 03/24/2010 Inv. 76178 03/30/2010 Inv. 76179 03/25/2010 Inv. 76187 03/26/2010 Inv. 76212 03/29/2010 Inv. 76221 03/29/2010 Inv.76228 03/29/2010 Inv.76247 03/30/2010 Inv.76272 03/30/2010 Inv. 76281 03/31/2010 Check 110485 Date Paid:04/09/2010 Inv. 919 02/11/2010 Check 110486 Date Paid:04/09/2010 Inv. 310315ORI 03/19/2010 Check 110487 Date Paid:04/09/2010 Inv.2012Plymouth 03/10/2010 Check 110488 Date Paid:04/09/2010 Inv.047242 03/01/2010 Inv.047348 03/02/2010 Inv.047392 03/03/2010 Inv.047393 03/03/2010 Inv.047395 03/03/2010 Inv.047412 03/03/2010 Inv.047679 03/09/2010 Inv. 04 7741 03/10/2010 Inv.047742 03/10/2010 Inv.047757 03/10/2010 Inv.047764 03/10/2010 Inv.047800 03/11/2010 Inv.047876 03/12/2010 Inv. 048121 03/17/2010 Inv.048138 03/17/2010 Inv.048156 03/17/2010 Inv.048465 03/23/2010 Inv.048466 03/23/2010 Inv.048485 03/23/2010 Hamel Lumber and Supply Inc Mar10 Hardware Supplies Marl Hardware Supplies Mar10 Hardware Supplies Marl Hardware Supplies Mar10 Hardware Supplies Marl Hardware Supplies Mar10 Hardware Supplies Marl Hardware Supplies Mar10 Hardware Supplies Mar10 Hardware Supplies Marl Hardware Supplies Marl Hardware Supplies Marl Hardware Supplies Marl Hardware Supplies Mar10 Hardware Supplies Marl Hardware Supplies Marl Hardware Supplies Marl Hardware Supplies Marl Hardware Supplies Hawk Performance Specialties 2.18.10 IC Zamboni new batteries Hawkins Water Treatment 4742gl Azone 15 Amount: $132.53 132.53 Amount: $1,880.08 6.27 31.41 104.69 36.66 18.83 4.22 212.52 147.58 180.05 104.63 86.49 52.35 72.17 184.23 119.32 165.39 125.06 57.59 170.62 Amount: $8,010.28 8,010.28 Amount: $3,248.27 3,248.27 Hennepin County Treas/Room-Brd Amount: $3,752.50 Feb'10 Room/Board prisoners $3,752.50 Hopkins Parts Co. Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair return #047110 Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Marl Equipment Repair Amount: $1,877.74 104.62 11.07 90.33) 6.70 6.70 58.25 29.12) 35.35 54.25 99.38 305.71 5.34) 26.51 51.27 37.31 34.50 29.71 314.00 361.24 Page 5 Page 1 of 16 4/19/2010 Inv. 048529 03/24/2010 Marl Equipment Repair 21.36 Inv.487578 Inv. 048542 03/24/2010 Marl Equipment Repair 32.06 03/29/2010 Inv. 048554 03/24/2010 Marl Equipment Repair 172.97 Amount: Inv. 048728 03/29/2010 Marl Equipment Repair 99.31 Inv. 048888 03/31/2010 Marl Equipment Repair 71.08 Inv. 048894 03/31/2010 Marl Equipment Repair 40.17 Inv. 048897 03/31/2010 Marl Equipment Repair 29.01 Check 110489 Date Paid:04/09/2010 IAAO/International Assoc of Assessing Officers Amount:$500.00 Inv. 100828 04/01/2010 Jan Olsson/8.28/9.2.10 Orlando conf 500.00 Check 110490 Date Paid:04/09/2010 Independent School District 284 Amount: 28.13 Inv. 22067 03/01/2010 3.24.10 CMS WREST 28.13 Check 110491 Date Paid:04/09/2010 Kidd Plumbing Inc Amount: 149.50 Inv. 6731 03/19/2010 IC Flushometer reassembled 149.50 Check 110492 Date Paid:04/09/2010 League of Minnesota Cities Amount: 120.00 Inv. 140008 03/02/2010 Tiegs&McLearen/4.20.10 Safety&Loss seminar 40.00 Inv. 140253 03/04/2010 Tom Nelson/4.27.10 Safety&Loss seminar 20.00 Inv. 140660 03/17/2010 Smith,Poetz,Raiche 4.20.10 Safety&Loss 60.00 seminar Check 110493 Date Paid:04/09/2010 Lennar Family of Builders Amount: 11,274.80 Inv. 080801 04/02/2010 P200805410 6140 Niagar Ln ref 5,602.90 SAC,W REC,SREC,surch, Inv. P200906785 04/02/2010 P200906785 6150 Ithaca Ln Ref 5,671.90 SAC,W EC,SREC,surcharge Check 110494 Date Paid:04/09/2010 Leroy Job Trucking Inc Inv. 12422 04/02/2010 Animal control freezer services Check 110495 Date Paid:04/09/2010 Lowe's Inv. 100402 04/02/2010 3.8/3.25.10 Hardware charges Check 110496 Date Paid:04/09/2010 Marine Dock & Lift Inv. 25334 04/02/2010 Dock repair parts Check 110497 Date Paid:04/09/2010 Martin County Sherrif 's Office Inv. 100323 03/23/2010 W#1985 R2010.1255 bail Check 110498 Date Paid:04/09/2010 Metro Fire Inv. 37405 03/15/2010 Charger,switching, universal 1.5amp Inv. 37419 03/16/2010 12-4" tuff shield Check 110499 Date Paid:04/09/2010 Inv. 03231Ora 03/23/2010 Check 110500 Date Paid:04/09/2010 Inv.485897 03/03/2010 Inv.486578 03/08/2010 Inv.487578 03/16/2010 Inv.488423 03/19/2010 Inv.489417 03/29/2010 Minnesota Sword Play 1.6/2.10.10 Fencing programs Minnesota Valley Testing Lab Inc 2.26.10 Water testing 3.5.10 Water testing 3.12.10 Water testing 3.19.10 Water testing 3.26.10 Water testing Check 110501 Date Paid:04/09/2010 MN Dept of Labor & Industry Inv. 100331 03/31/2010 Conf#8731053180 Mar'10 Bldg Permit Surcharge Check 110502 Date Paid:04/09/2010 Inv.204376 03/17/2010 Page 1 of 16 MN Dept of Natural Resources So Shore Drive bridge rplcmnt water permit Amount: $170.00 170.00 Amount: $178.44 178.44 Amount: 283.22 283.22 Amount: 480.00 480.00 Amount: 715.99 163.53 552.46 Amount: 1,260.00 1,260.00 Amount: $805.00 160.00 165.00 160.00 160.00 160.00 Amount: $2,495.10 2,495.10 Amount: $1,000.00 1,000.00 Page 6 4/19/2010 Check 110503 Date Paid:04/09/2010 MN Highway Safety&Research Amount: $4,392.00 Inv. 6294301757 03/31/2010 3.30.10 12 for Night PIT $4,392.00 Check 110504 Date Paid:04/09/2010 Inv.04296 02/17/2010 Mobile Lock And Safe Co. PD 3 keys Amount: $9.23 9.23 Check 110505 Date Paid: 04/09/2010 Morrie's Parts & Service Amount: $307.11 Inv.477827 03/19/2010 Sensor $307.11 Check 110506 Date Paid: 04109/2010 MTI Distributing Inc Amount: $806.33 Inv. 71322900 02/16/2010 Claim 2010.06 Toro windshield glass rplcmnt $806.33 Check 110507 Date Paid:04/09/2010 NAPA Geniune Auto Parts Co Inv. 179369 03/04/2010 4 Disc Inv. 180951 03/16/2010 Transmission fil Inv. 182326 03/26/2010 2 Rubberized under Inv. 182379 03/26/2010 2 Rubberized under Check 110508 Date Paid:04/09/2010 Inv.0010650IN 03/17/2010 Check 110509 Date Paid:04/0912010 Inv.100326 03/26/2010 Inv.3305T 03/31/2010 Inv. 3308P 03/26/2010 Inv. NC102010 03/14/2010 Inv. NC122010 04/01/2010 Check 110510 Date Paid:04/09/2010 Inv. 100331 03/31/2010 Check 110511 Date Paid:04/09/2010 Inv.164236 03/04/2010 Check 110512 Date Paid:04/09/2010 Inv. 138 03/31/2010 Check 110513 Date Paid:04/09/2010 Inv. 512323739001 03/16/2010 Inv. 512402877001 03/15/2010 Inv.512427094002 03/17/2010 Inv. 512457959001 03/15/2010 Inv. 512563776001 03/15/2010 Inv. 512567506001 03/15/2010 Inv. 512599647001 03/15/2010 Inv. 512601443001 03/15/2010 Inv. 512960554001 03/17/2010 Inv. 513046099001 03/18/2010 Inv. 513130394001 03/18/2010 Inv. 513148685001 03/18/2010 Inv. 513254811001 03/19/2010 Inv. 513324322001 03/19/2010 Check 110514 Date Paid:04/09/2010 Inv. DV10030372 04/06/2010 Check 110515 Date Paid:04/09/2010 Inv.33764 03/16/2010 Page 1 of 16 National Signal Inc Unit 210 repairs to arrowboard controller Robert Nesbitt 2010 Cold Zone conf booth fee 3.31.10 239 Mileage reimb/Blaine-Rochester 3.15/3.26.10 MN Joint Analysis GRT00330 3.12/3.14.10 Target,Amazon 3.30.10 Domestic Terrorism trng Rochester/Blaine New Paper LLC Mar'10 In Store charges North Suburban Towing Inc Unit 258 tow NorthWorks Occupational Health Jan-Mar'10 72 FD Spirometry Office Depot OD evo pre inked rectangle Flash drive 1 pk-Tape pack USB drive Keyborad crdls mouse Envelopes/indx flags/post it notes/full stapler 3bx-Envelopes Push pin/paper clips Ins divider/rng bndr 2 -Air duster/dry marker Time card/finger pad 2pk-Jewel case/1 pk Itr box 3 -Neck badge Envelope/sticky note/highlighter Office of Enterprise Technolog Mar'10 Wide Area Network Owens Companies Inc ZWP heat pump 2 rplc compressor Amount: $72.28 22.43 15.27 17.29 17.29 Amount: $206.30 206.30 Amount: $4,037.38 200.00 119.50 2,432.00 210.15 1,075.73 Amount: $38.24 38.24 Amount: $240.47 240.47 Amount: 4,669.00 4,669.00 Amount: 903.16 14.71 42.73 12.58 208.25 74.81 128.25 61.62 5.17 95.87 13.49 31.76 54.20 106.38 53.34 Amount: 90.00 90.00 Amount: 10,299.09 7,336.11 Page 7 4/19/2010 Inv. 33776 03/17/2010 CWP UV lamp ,air handling unit $441.20 Inv. 33822 03/22/2010 Reservoir HVAC repairs $2,521.78 Check 110516 Date Paid:04/09/2010 Inv.038747 03/15/2010 Check 110517 Date Paid: 04/09/2010 Inv. M34739 03/16/2010 Phasor Electric Company Claim 2009.17 Rplc light pole Pierce Manufacturing Inc Partial pay/Aerial ladder fire truck Check 110518 Date Paid:04/09/2010 PLEAA Inv. 100428 04/07/2010 4.28.10 Lanthier, Langer training Inv. 100429 04/07/2010 4.29.10 Cox, Fournier,Wetternach training Check 110519 Date Paid:04/09/2010 Plymouth Automotive Inc. Inv. 100318 03/18/2010 3.18.10 #404 '04 Saturn Vue tow Inv. 100329 03/29/2010 3.29.10 '04 Ford Ranger tow Check 110520 Date Paid:04/09/2010 Postmaster/ Window D-12 Inv. 100406 04/05/2010 Bulk Postage Permit 1889 Dep/Newsletter Check 110521 Date Paid:04/09/2010 Printers Service Inc Inv. 246548 03/16/2010 2-77x5x500" zamboni ice knife Inv. 246582 03/18/2010 3 -ice knife sharp Check 110522 Date Paid:04/0912010 Protek Painting Inc Inv. 100316 03/16/2010 Public Works remdel Check 110523 Date Paid:04/09/2010 Randy's Sanitation Inc Inv. 112118190310 03/19/2010 Mar'10 CWP Rubbish Removal Inv. 112572180310 03/19/2010 Mar'10 ZWP Rubbish Removal Inv. 114317480410 03/19/2010 Apr'10 PCC Rubbish Removal Amount: $2,328.30 2,328.30 Amount: $259,378.00 259,378.00 Amount: $125.00 50.00 75.00 Amount: $272.38 136.19 136.19 Amount: $3,000.00 3,000.00 Amount: $479.36 425.36 54.00 Amount: $1,850.00 1,850.00 Amount: $377.67 54.02 62.19 261.46 Check 110524 Date Paid:04/09/2010 Reed Business Information Amount: $506.76 Inv. 11974 03/17/2010 Proj10010 3.15. 10 Seal Coat Prog legal ad 177.12 Inv. 4352565 03/17/2010 2010 Crack Repair 3.15.10 legal ad 145.14 Inv. 4352566 03/17/2010 8th Ave proj 3.15.10 legal ad 184.50 Check 110525 Date Paid:04/09/2010 Scharber & Sons Inc Amount: $476.15 Inv. 022018128 03/23/2010 Stihl bar and chain,woodsm 476.15 Check 110526 Date Paid:04/09/2010 Sherwin Williams Inv. 70513 03/03/2010 Claim 2010.01 LMCIT claim 11071722 Check 110527 Date Paid:04/09/2010 Inv.00059280 03/11/2010 Check 110528 Date Paid:04/09/2010 Inv.254022 03/31/2010 Silent Knight Sec Sys Of MN In Claim 2010.01 LMCIT claim 11071722 Street Fleet 3.31.10 Fr: MTI Check 110529 Date Paid:04/09/2010 Streicher's Inc Inv. 1719913 03/10/2010 Pants - D Nutter Inv. 1722262 03/17/2010 Pants Inv. 1722874 03/19/2010 Pants - G Collins Check 110530 Date Paid:04/09/2010 Inv.10090190 03/02/2010 Inv.10090315 03/09/2010 Inv.10090480 03/17/2010 Inv.10090619 03/23/2010 Inv.10090657 03/24/2010 Suburban Tire Wholesale Inc Unit 649 ST225/75R15 Marathon LRD tires 4 P235/55R17 98V, 4 ST225/75R15 Marathon 4 P235/75R15 Wrangler tires 4 P235/55R17 98V Eag tires 2 LT245/75R16 Wrangler tires Amount: 149.63 149.63 Amount: 135.00 135.00 Amount: 15.07 15.07 Amount: 209.97 69.99 69.99 69.99 Amount: 2,058.14 290.40 772.11 272.23 481.71 241.69 Page 8 Page 1 of 16 4/19/2010 Check 110531 Date Paid:04/09/2010 Taho Sportswear Amount: 2,404.40 Inv. 10TF0410 03/11/2010 399-Bayside T shirts 2,404.40 Check 110532 Date Paid:04/09/2010 Terra General Contractors LLC Amount: 12,000.00 Inv. P200908419 03/31/2010 1 Carlson Pkwy/P200908419 Ref 12,000.00 SAC,W REC,SREC Check 110533 Date Paid: 04/09/2010 Total Control Systems Inc Amount: 788.99 Inv. 5170 03/18/2010 96 Fiber Optic pigtails/SCADA 788.99 Check 110534 Date Paid:04/09/2010 Umbria Pizzeria LLC Amount: 350.00 Inv. CofP040720101 04/07/2010 4.9.10 Yard & Garden 350.00 Check 110535 Date Paid:04/09/2010 Valley Rich Co Inc Amount: 7,084.26 Inv. 15296 02/22/2010 14900 23rd Ave water main break repair 3,592.56 Inv. 15301 02/26/2010 9925 41st Ave Water main break repairs 3,491.70 Check 110536 Date Paid:04/09/2010 Valspar Paint Amount: 29.31 Inv. 002904305 03/10/2010 1gl white gloss 29.31 Check 110537 Date Paid:04/09/2010 Watson Company Amount: 1,074.95 Inv. 783582 03/18/2010 IC concession food resupply 1,074.95 Check 110538 Date Paid:04/09/2010 Xcel Energy Amount: 62,020.89 Inv. 51626172430310A 03/30/2010 2.15/3.18.10 62,020.89 PCC/FH,PS,CC, HS, FS3,Residential Str lights Check 110539 Date Paid:04/09/2010 YMCA POINT Amount: 3,750.00 Inv. 100401 04/10/2010 Jan-Jun'10 2nd 1/2'09 CDBG contract 3,750.00 Check 110540 Date Paid: 04/09/2010 Yocum Oil Company Inc Amount: 18,845.85 Inv. 975575 03/19/2010 3005gl Diesel, 5006gl Unleaded 18,845.85 Check 110541 Date Paid: 04/09/2010 Zerorez Amount: 428.91 Inv. 13540 02/17/2010 PW carpet cleaning 428.91 Check 110542 Date Paid: 04/09/2010 City of Wayzata Amount: 1,303.50 Inv. 100405 04/05/2010 Unit 4003 sales tax,plaes,tabs 1,303.50 Check 110543 Date Paid:04/09/2010 Russell Elzy Amount: 134.35 Inv. 100308 04/07/2010 Reimb workers comp payment 134.35 Check 110544 Date Paid: 04/09/2010 Gibraltar Title Agency and Nicole Wankel Amount: 20,355.00 Inv. 100415 04/08/2010 14235 39th Ave/First Time Homebuyer loan 20,355.00 Check 110545 Date Paid:04/09/2010 Jan Olsson Amount: 229.40 Inv. 100902 03/16/2010 8.28/9.2.10 IAAO conf Orlando airfare 229.40 Check 110546 Date Paid:04/09/2010 Plymouth Civic League Amount: 30,000.00 Inv. 100630 03/09/2010 6.30.10 Music In Plymouth contribution 30,000.00 Check 110547 Date Paid:04/09/2010 Hayes, Karen Amount: 84.00 Inv. Import - 740 04/07/2010 Park and Rec Refund 84.00 Check 110548 Date Paid:04/09/2010 Herman, Dana Amount: 16.00 Inv. Import - 742 04/07/2010 Park and Rec Refund 16.00 Check 110549 Date Paid:04/09/2010 Leffler, Kristin Amount: 53.65 Inv. Import - 743 04/07/2010 Park and Rec Refund 53.65 Check 110550 Date Paid:04/09/2010 Lipinski, Margaret Amount: 84.00 Inv. Import - 739 04/07/2010 Park and Rec Refund 84.00 Check 110551 Date Paid:04/09/2010 Sturnieks, Imants Amount: 84.00 Inv. Import - 738 04/07/2010 Park and Rec Refund 84.00 Page 9 Page 1 of 16 4/19/2010 Check 110552 Date Paid:04/09/2010 Inv. Import - 744 04/07/2010 Check 110553 Date Paid:04/09/2010 Inv. Import - 741 04/07/2010 Check 110554 Date Paid:04/16/2010 Inv. 14864 03/25/2010 Trost, Polly Park and Rec Refund Weernink, Bill Park and Rec Refund A&T Upholstery Unit 358 drivers cushion repairs Check 110555 Date Paid:04/16/2010 Able Hose & Rubber Inc Inv. 1820341 03/23/2010 Cam lock fittings & Suction Hose Check 110556 Date Paid:04/16/2010 Ace Lock & Safe Co Inc Inv. A84917 03/24/2010 Well 2 Door repair and replace Check 110557 Date Paid:04/16/2010 Inv.177778 03/24/2010 Inv. 181187 03/26/2010 Check 110558 Date Paid:04/16/2010 Inv.21142626 03/11/2010 Inv.21143053 03/18/2010 Check 110559 Date Paid:04/16/2010 Inv. O E2238921 04/09/2010 Inv. WO6121681 03/23/2010 Inv. WO6131821 03/24/2010 Inv. WO6131851 03/24/2010 Inv. WO6134441 03/25/2010 Inv. WO6136351 03/26/2010 Check 110560 Date Paid:04/16/2010 Inv.237748 03/23/2010 Acme Tools 18v hammer drill power inverter Batteries Plus 3.6V li ion 78Dt agm 36 Amount: $84.00 84.00 Amount: $60.00 60.00 Amount: $135.69 135.69 Amount: $353.18 353.18 Amount: $3,567.47 3,567.47 Amount: $534.35 106.86 427.49 Amount: $180.88 35.26 145.62 Bertelson Total Office Solutions Amount: $3,007.57 TOTALVALUPLT - Multi Copy Paper 92 Bright, 2,479.50 20# Letter - 40 Cartn 4 setters 4bx-File folders 79.04 Grip A Strip display rail 184.42 Grip a strip rail 153.84 Adj backrest w/pushbutton pump/dryline grip 84.94 correction tape 03/16/2010 6-Binder/4pk tac adhesive putty 25.83 Cadd/Engineering Supply Inc Amount: $217.97 36x150 3" core 4mil dble matte film 217.97 Check 110561 Date Paid: 04/16/2010 CDW Government Inc Inv. SDF1703 03/23/2010 Liebert Nfinity Battery Module Check 110562 Date Paid:04/16/2010 CenterPoint Energy Inv. 602784620310 03/25/2010 2.19/3.22.10 CWP So Check 110563 Date Paid:04/16/2010 Inv. 24105651032310 03/23/2010 Check 110564 Date Paid:04/16/2010 Inv. 10054571 03/26/2010 City of Plymouth/Sewer & Water Metrolink/Reserve Cummins North Central 3.23.10 IC Generator full service Check 110565 Date Paid:04/16/2010 Dakota Supply Group Inv. 6414695 03/26/2010 Resale/8 VM7013, 3 1.5" M120B meters,8 1" 4 setters Inv. 6414697 03/26/2010 12 3/4"x7.5" #2 setters/rplcmnt Check 110566 Date Paid:04/16/2010 Dalco Inv. 2189727 03/09/2010 CC-15cs toilet tissue/15cs blchd towels Inv. 2192061 03/16/2010 PCC - 15cs hand towels/3cs toilet tissue Inv. 2192484 03/17/2010 PW-15cs toilet tissue/10cs blchd roll towel Check 110567 Date Paid:04/16/2010 Inv.01585348 03/22/2010 Check 110568 Date Paid:04/16/2010 Page 1 of 16 Discount Steel Inc 2-5" 80 pipe x 7' Factory Motor Parts Co Amount: $550.02 550.02 Amount: $516.21 516.21 Amount: $17.49 17.49 Amount: $343.34 343.34 Amount: $4,447.35 3,960.00 487.35 Amount: $3,857.51 1,573.52 955.75 1,328.24 Amount: $181.68 181.68 Amount: $438.98 Page 10 4/19/2010 Inv. 61208284 03/23/2010 Oil filter/fuel filter Inv.61208377 03/24/2010 Flasher Inv. 70005706 03/23/2010 Super duty/oil filter/fuel filter Inv. 70006193 03/26/2010 Oil filt/element Check 110569 Date Paid:04/16/2010 Felling Trailers Inv. 109240 03/23/2010 Fenders for # 618 Trailer Check 110570 Date Paid:04/16/2010 Ferguson Enterprises Inc Inv. 08975531 03/23/2010 2 1/2x2 galv red coup Check 110571 Date Paid:04/16/2010 First State Tire Recycling Inv. 70951 03/24/2010 112 used tires Check 110572 Date Paid:04/16/2010 Inv. 580 03/20/2010 Check 110573 Date Paid:04/16/2010 Inv.01339094 03/26/2010 Check 110574 Date Paid:04/16/2010 Inv.1006315082 03/26/2010 Check 110575 Date Paid:04/16/2010 Inv.9211771143 03/23/2010 Inv.9212081963 03/23/2010 Inv.9212517420 03/23/2010 Inv.9215281172 03/26/2010 Inv.9215281198 03/26/2010 Check 110576 Date Paid:04/16/2010 Inv. UTIL01254 03/25/2010 Check 110577 Date Paid:04/16/2010 Inv. UTIL01264 03/25/2010 Check 110578 Date Paid:04/16/2010 Inv.7306204 03/24/2010 Fit Test Inc 79 Fit Test Firefighters Force America Dust cover plate G & K Service Inc Public Works Uniform Rental Grainger Return Side wall kit inv#9200332212 48 -Pleated air filters Paper bag, recyclable- property room 2 -fuse 5 -lamp Hennepin County Treasurer 09 4th qtr Dec Utility Permits Hennepin County Treasurer 10 1st qtr Jan Utility Permits Hillyard Inc - Minneapolis IC -Hose Vac suction Check 110579 Date Paid:04/16/2010 Hoglund Body & Equipment Inc Inv. 2587 03/23/2010 Unit 582 sand blast/paint Inv. 2588 03/23/2010 Unit 619 sand blast/paint Check 110580 Date Paid:04/16/2010 Inv. 100418 03/29/2010 Check 110581 Date Paid:04/16/2010 Inv. 002 04/06/2010 Inv. 003 04/07/2010 Check 110582 Date Paid:04/16/2010 Inv. 10345582010033 03/31/2010 Check 110583 Date Paid:04116/2010 Inv. 27771 03/21/2010 Check 110584 Date Paid:04/16/2010 Inv.2102567 03/25/2010 Check 110585 Date Paid:04/16/2010 Inv. 7450 03/25/2010 Home Depot 3/1-3/27 Hardware Charges Marie J Kurth Mar'10 Newsletter&website wriing Plymouth Library" Envir Extra writing LexisNexis Risk Data Management Inc Mar'10 LexisNexis 38.37 59.27 275.14 66.20 Amount: $183.70 183.70 Amount: $50.34 50.34 Amount: $117.60 117.60 Amount: $1,817.00 1,817.00 Amount: $111.94 111.94 Amount: $350.07 350.07 Amount: $127.68 90.47) 124.15 58.19 10.43 25.38 Amount: $215.00 215.00 Amount: $215.00 215.00 Amount: $34.30 34.30 Amount: $5,276.97 3,522.50 1,754.47 Amount: $4,193.69 4,193.69 Amount: $540.00 400.00 140.00 Amount: $52.60 52.60 Loretto Auto Recondition Amount: $3,425.50 Unit 5006 Claim 2009.39 body damage repairs $3,425.50 MacQueen Equip. Inc Amount: $56.50 7-noz fl 80deg/2-noz fl 50deg $56.50 Menards 2-12' cedar/2-2x6x8 cedar/3-2x6x6 cedar Check 110586 Date Paid:04/16/2010 Morrie's Parts & Service Inv.478052 03/25/2010 2 -bush Page 1 of 16 Amount: $114.66 114.66 Amount: $118.88 29.37 Page 11 4/19/2010 Inv. 478094 03/26/2010 Sensor hego $89.51 Check 110587 Date Paid:04/16/2010 Inv. 3679 03/26/2010 Northwest Community Television 25 Well inspection videos Check 110588 Date Paid: 04/16/2010 Office Depot Inv. 513370967001 03/22/2010 4pk-Lsr card Inv. 513605151001 03/23/2010 Lsr label Inv. 513754113001 03/24/2010 2ct-Stor file Amount: $125.00 125.00 Amount: $122.03 36.04 20.82 65.17 Check 110589 Date Paid: 04/16/2010 On Site Sanitation Amount: 454.07 Inv. A388002 04/02/2010 3/29/10-4/2/10 Bass Lake Playfield 8.97 Inv. A388003 04/02/2010 3/29/10-4/2/10 Dog Park/Eagan Park 50.23 Inv. A388004 04/02/2010 3/29/10-4/2/10 East Medicine Lake 8.97 Inv. A388005 04/02/2010 3/29/10-4/2/10 Elm Creek Playfield 49.43 Inv. A388006 04/02/2010 3/29/10-4/2/10 Oakwood Playfield 8.97 Inv. A388007 04/02/2010 3/29/10-4/2/10 Parkers Lake Beach 125.58 Inv. A388008 04/02/2010 3/29/10-4/2/10 Parkers Lake Playfield 17.94 Inv. A388009 04/02/2010 3/29/10-4/2/10 Plymouth Creek 49.43 Inv. A388010 04/02/2010 3/29/10-4/2/10 Plymouth Playfield (Mid School) 49.43 Inv. A388011 04/02/2010 3/29/10-4/2/10 Yard Waste Site 8.97 Inv. A388012 04/02/2010 3/29/10-4/2/10 Zachary Playfield 33.40 Inv. A388013 04/02/2010 3/29/10-4/2/10 Zachary Playfield #1 & 2 32.06 Inv. A388033 04/02/2010 3/29/10-4/2/10 Party Potty 10.69 Check 110590 Date Paid:04/16/2010 Owens Companies Inc Amount: 1,492.60 Inv. 33818 03/22/2010 ZWP boiler 3 tripping, low gas pressure switch 428.80 Inv. 33820 03/22/2010 PW -make up air unit rplcd air filters 321.60 Inv. 33867 03/25/2010 Wtr Plant #2 Heat pump #3 tripped 247.40 Inv. 33895 03/29/2010 Dome Ctr - Burner problems 494.80 Check 110591 Date Paid:04/16/2010 Phasor Electric Company Amount: 966.35 Inv. 038767 03/26/2010 CC-rplc ballasts/replc lamps in bk prkg lot/replc 966.35 lamps in wallp Check 110592 Date Paid:04/16/2010 Printers Service Inc Amount: 36.00 Inv. 246701 03/24/2010 2 -ice knife sharp 36.00 Check 110593 Date Paid: 04/16/2010 Chip Rauth Amount: 120.00 Inv. 105164 03/23/2010 1.9.10 Sound Sys rental/Blizzard Blast 120.00 competition Check 110594 Date Paid:04/16/2010 Reed Business Information Amount: 184.50 Inv. 4354169 03/23/2010 3.22.10 8th Ave st Reconstr legal ad 184.50 Check 110595 Date Paid:04/16/2010 Ricmar Industries Amount: 151.55 Inv. 303556 03/25/2010 1cs One Step/graffitti remover 151.55 Check 110596 Date Paid:04/16/2010 Sherwin Williams Amount: 386.79 Inv. 22179 03/01/2010 IC 15 var colored paint 386.79 Check 110597 Date Paid:04/16/2010 St Joseph Equipment Inc Amount: 955.99 Inv. S177615 03/24/2010 Spring/damper 172.60 Inv. VR09185 03/30/2010 3.16/3.25.10 Case wheel loader rental 783.39 Check 110598 Date Paid:04/16/2010 Streicher's Inc Amount: 279.96 Inv. 1722933 03/19/2010 Pants - Jurek 69.99 Inv. 1723430 03/22/2010 Pants - S Kaczmarczyk 69.99 Inv. 1724038 03/24/2010 Jacket - B Tombers 99.99 Page 12 Page 1 of 16 4/19/2010 Inv. 1724041 03/24/2010 Shirt Check 110599 Date Paid:04/16/2010 Inv. 1238812 03/25/2010 Inv. 1239955 03/25/2010 Inv. 1239956 03/25/2010 Inv. 1239957 03/25/2010 Inv. 1241694 04/01/2010 Inv. 1243327 04/08/2010 Inv. 1243328 04/08/2010 Check 110600 Date Paid:04/16/2010 Inv. 100501 04/08/2010 Check 110601 Date Paid:04/1612010 Inv.47545 03/23/2010 Check 110602 Date Paid:04/16/2010 Inv.783845 03/26/2010 Sun Newspapers/Notices Res 2010-056 to Ord 2010-01/02 10 Street sweeping proj 10016 Bids for Trail & Park 10 Assessment 10 Yard Expo NOPH Sign regulations 2010-025 NOPH PUd file #2010-024 SW/WC Service Cooperatives May'10 BCBS Health Ins Vessco Inc Chemical feed pump -CWP Watson Company IC concession food resupply Check 110603 Date Paid:04/16/2010 Xcel Energy Inv. 51472281600310 03/26/2010 1.19/3.22.10 2 Water Towers Inv. 51554915750310 03/26/2010 1.18/3.22.10 8 Lift Stations Inv. 51618204530310 03/26/2010 1.4/3.22.10 Traffic Signals Check 110604 Date Paid:04/1612010 Zee Medical Service Inv. 54109686 03/18/2010 FS 3 medical resupply Inv. 54109690 03/19/2010 PW medical resupply Check 110605 Date Paid:04/1612010 Community Health Charities Inv. 2010-00000074 04/13/2010 CHAR CHC - Community Health Charities Check 110606 Date Paid:04/16/2010 Inv. 2010-00000078 04/13/2010 Check 110607 Date Paid:04/16/2010 Inv. 2010-00000080 04/13/2010 Check 110608 Date Paid:04/16/2010 Inv. 2010-00000081 04/13/2010 Check 110609 Date Paid:04116/2010 Inv. 2010-00000082 04/13/2010 Check 110610 Date Paid:04/16/2010 Inv. 2010-00000083 04/13/2010 Check 110611 Date Paid:0411612010 Inv. 2010-00000086 04/13/2010 Check 110612 Date Paid:04/16/2010 Inv. Import - 745 04/12/2010 Check 110613 Date Paid:04/16/2010 Inv. Import - 747 04/12/2010 Check 110614 Date Paid:04/16/2010 Inv. Import - 746 04/12/2010 Check 110615 Date Paid:04/16/2010 Inv. A84946 03/26/2010 Law Enforce Labor Serv./Union DUES POL - Police Union Dues " MN AFSCME Council #5 DUES MTCE - Maintenance Union Dues* MN Child Support Payment Ctr CHID SUPPORT - Child Support* MN Environmental Fund CHAR MN ENV - MN Enviromental Fund Open Your Heart CHAR OYH - Open Your Heart United Way CHAR UW - United Way Kemmerer, Terri Park and Rec Refund Norsby, Karen Park and Rec Refund Thornton, Elizabeth Park and Rec Refund Ace Lock & Safe Co Inc IT card access lock work 39.99 Amount: $877.63 150.15 128.70 50.05 39.33 395.00 42.90 71.50 Amount: $191,683.50 191,683.50 Amount: $6,305.64 6,305.64 Amount: $563.61 563.61 Amount: $2,760.44 60.39 746.29 1,953.76 Amount: $319.84 80.73 239.11 Amount: $45.00 45.00 Amount: $1,344.00 1,344.00 Amount: $2,231.90 2,231.90 Amount: $1,544.68 1,544.68 Amount: $24.00 24.00 Amount: $51.00 51.00 Amount: $104.41 104.41 Amount: $25.83 25.83 Amount: $18.00 18.00 Amount: $40.00 40.00 Amount: $947.55 947.55 Page 13 Page 1 of 16 4/19/2010 Check 110616 Date Paid:04/16/2010 Adam's Pest Control, Inc. Inv. 556899 03/26/2010 Mar'10 PCC Pest Control Inv. 563929 04/06/2010 Apr-Jun'10 Central Well Field Inv. 564874 04/06/2010 Apr-Jun'10 WTP No&So Check 110617 Date Paid:04/16/2010 Aerotek Inc Inv. 0004196953 04/08/2010 3.27.10 PW temp help Check 110618 Date Paid:04/16/2010 AFPI Inv. 100540D 03/05/2010 80bx 120,000 bus schedules Check 110619 Date Paid:04/16/2010 AIM Electronics Inc Inv. 33441 03/23/2010 Radio Retro kit for message display Check 110620 Date Paid:04/16/2010 Inv. 17469 01/27/2010 Check 110621 Date Paid:04/1612010 Inv. 100501 04/09/2010 Check 110622 Date Paid:04/16/2010 Inv. 100310 03/10/2010 Check 110623 Date Paid:04/16/2010 Inv.100716 04/10/2010 Check 110624 Date Paid:04/16/2010 Inv.100612 04/09/2010 Check 110625 Date Paid:04/16/2010 Inv.113643 04/06/2010 Check 110626 Date Paid:04/16/2010 Inv. 1172 03/17/2010 Alex Air Apparatus Inc FS3 Hurst Combi Repairs ARAA Tennis Meredith Ries 5.1.10 court training Baldy Sanitation Co Mar'10 Fire 123 Rubbish Removal City of Eagan 7.16.10 Dep Day Camp trip City of Edina Christine Champeau 6.12.10 court training City of St Paul 3.1/3.31.10 370ton Asphalt mix Cobalt Construction LLC Build wall&door in IT dept Check 110627 Date Paid:04/16/2010 Coca Cola Enterprises Bottling Inv. 0158057114 03/03/2010 IC Concession pop resupply Inv. 0158058320 03/17/2010 IC Concession pop resupply Inv. 0158058811 03/24/2010 IC Concession pop resupply Check 110628 Date Paid:04/16/2010 Inv.100408 04/08/2010 Check 110629 Date Paid:04/16/2010 Inv. 14018 03/19/2010 Check 110630 Date Paid: 04/16/2010 Inv.INV0072674 03/30/2010 Check 110631 Date Paid:04116/2010 Inv. 14703 04/05/2010 Check 110632 Date Paid:04/16/2010 Inv.341266 04/09/2010 Check 110633 Date Paid:0411612010 Inv. 100401 04/09/2010 Check 110634 Date Paid:04/16/2010 Inv.1006305935 03/22/2010 Check 110635 Date Paid:04/1612010 Inv.8064020 03/18/2010 Check 110636 Date Paid:04/16/2010 Page 1 of 16 Comcast 4.18/5.17.10 Dataline Damschen Wood Inc PW Custom cabinets Display Sales Inc 30'x5"x.156 Sentry flagpole DSS Commercial Inc Mar'10 Var shelter maint/trash Ehlers & Associates Inc 3.8.10 TIF 1-1 & 7-6 modification Jenell Frailey 2010 Skate show costumes G & K Service Inc 3.22.10 rug service Gopher 2pr ea lacrosse/soccer nets Hennepin County Treasurer Amount: $260.78 74.81 80.16 105.81 Amount: $1,320.00 1,320.00 Amount: $2,206.11 2,206.11 Amount: $1,881.00 1,881.00 Amount: $1,232.37 1,232.37 Amount: $15.00 15.00 Amount: $285.30 285.30 Amount: $225.00 225.00 Amount: $15.00 15.00 Amount: $28,325.94 28,325.94 Amount: $1,581.50 1,581.50 Amount: $2,342.50 608.75 860.75 873.00 Amount: $199.90 199.90 Amount: $2,759.51 2,759.51 Amount: $1,528.31 1,528.31 Amount: $1,188.56 1,188.56 Amount: $170.00 170.00 Amount: $270.00 270.00 Amount: $81.66 81.66 Amount: $788.48 788.48 Amount: $338,253.89 Page 14 4/19/2010 Inv. TRAN01303 03/03/2010 STR05102 City share of ROW costs Check 110637 Date Paid:04/16/2010 I Space Inv. 26460 02/26/2010 PW remodel furniture Inv. 26543 03/23/2010 Tack boards for PW remodel Inv. 26570 03/25/2010 12 Bookcart rentals for remodel Check 110638 Date Paid:04/16/2010 Laidlaw Transit Services Inc Inv. 10366613 03/31/2010 Mar'10 Addl Shuttle Inv. 10366624 03/31/2010 Mar'10 DAR/Metrolink Transit Check 110639 Date Paid:04/16/2010 League of MN Cities Ins Trust Inv. 11071055A 01/27/2010 Claim 11071055 reimb/paid to city in error Check 110640 Date Paid:04/16/2010 Lynn & Associates Inv. COP210 04/06/2010 3.31.10 FD pert mgmnt&appr Inv. COP310 04/07/2010 3.3.10 PD consulting Check 110641 Date Paid:04/16/2010 M A Apparel Inc Inv. 36550 03/29/2010 105 Yard&Garden volunteer T-shirts Check 110642 Date Paid:0411612010 Inv.100526 04/08/2010 Check 110643 Date Paid:04/16/2010 Inv. 100401 04/01/2010 Check 110644 Date Paid:04/16/2010 Inv. 61818 03/29/2010 Check 110645 Date Paid:04/16/2010 Inv.100409 04/09/2010 Check 110646 Date Paid:04/16/2010 Inv.100408 04/08/2010 Check 110647 Date Paid:04/16/2010 Inv.6294301772 04/09/2010 Check 110648 Date Paid:04/16/2010 Inv.100407 04/07/2010 Check 110649 Date Paid:04/16/2010 Inv.364075 03/18/2010 Inv.364187 03/19/2010 Inv.364188 03/19/2010 Inv.364224 03/22/2010 Inv.364290 03/23/2010 Inv.364338 03/24/2010 Check 110650 Date Paid:04/16/2010 Inv.1100325 03/25/2010 Inv. 3309P 04/09/2010 Inv. NC132010 04/03/2010 Inv. NC142010 04/09/2010 Check 110651 Date Paid:04/16/2010 Inv. PLY000000410 04/02/2010 Check 110652 Date Paid:0411612010 Inv. CL65946410 03/22/2010 Madden's on Gull Lake Paula Dorn/MN NAHRO conf 5.26/5.28.10 Messiah United Meth. Church 4.1.10/4.1.11 Park&Ride parking lot lease Minnesota Mailing Solutions 4 Meter half tapes MN Dept of Health Mitch Hofstedt CL "C" water license renewal MN Dept of Health Andy Jordan CL "A" water license renewal MN Highway Safety&Research 4.8.10 11 officers Night PIT class Municipal Builders Inc Proj7114 #3 4Seasons Well rehab Nardini Fire Equipment Co City Center annual fire extinguisher inspec PS Annual fire extinguisher inspec PD Vehicles annual fire extinguisher inspec FS 1 annual fire extinguisher inspection FS3 Fire Exstinquisher inspec CWP Annual fire extinguisher inspec Robert Nesbitt 3.25.10 Parking GRT00579 3.29/4.9.10 GRT00330 Laptop, projector, spkrs,ppr,ink, cd cases,GRT00564 4.6/4.7.10 10 people lodge,meals GRT00564 NorthWorks Occupational Health 3.2.10 Grant Collins Hep B Otis Elevator Co. Apr-Jun'10 CC Elevator Maint 338,253.89 Amount: $21,368.96 18,368.35 1,998.66 1,001.95 Amount: $280,612.57 30,723.55 249,889.02 Amount: $608.40 608.40 Amount: $635.00 510.00 125.00 Amount: 1,573.95 1,573.95 Amount: 119.05 119.05 Amount: 12,500.00 12,500.00 Amount: 73.99 73.99 Amount: 23.00 23.00 Amount: 23.00 23.00 Amount: 4,026.00 4,026.00 Amount: 38,174.80 38,174.80 Amount: $574.02 79.30 67.75 161.19 23.86 88.50 153.42 Amount: $6,744.67 7.00 3,116.00 2,125.72 1,495.95 Amount: $93.00 93.00 Amount: $705.84 705.84 Page 15 Page 1 of 16 4/19/2010 Check 110653 Date Paid:04/16/2010 Inv. 33614 03/08/2010 Inv. 33615 03/08/2010 Inv. 33616 03/08/2010 Inv. 33617 03/08/2010 Inv. 33618 03/08/2010 Inv. 33619 03/08/2010 Inv. 33620 03/08/2010 Inv. 33621 03/08/2010 Inv.33622 260.00 03/08/2010 Check 110654 Date Paid:04/16/2010 Inv. 100104 01/04/2010 Check 110655 Date Paid:04/16/2010 Inv.100409 04/09/2010 Check 110656 Date Paid:04/16/2010 Inv. 100412 04/12/2010 Check 110657 Date Paid:04/16/2010 Inv.55230 03/19/2010 Check 110658 Date Paid:04/16/2010 Inv.100329 03/29/2010 Owens Companies Inc Apr-Jun'10 PCC Prev Maint Apr-Jun'10 Dome Prev Maint Apr-Jun'10 FS 1 Prev Maint Apr-Jun'10 LaCompte Prev Maint Apr-Jun'10 PW Prev Maint Apr-Jun'10 Public Safety Prev Maint Apr-Jun'10 CWP Prev Maint Apr-Jun'10 ZWP Prev Maint Apr-Jun'10 City Center Prev Maint Penn Contracting Inc Proj8114 #4/Final Pike Lk LS Rehab Pilates MN Mar'10 Pilates Reformer instr Plymouth Automotive Inc. 4.12.10'06 GMC Sierra tow Pro -Tech Design Amag sftwre upgrade & technical services Protek Painting Inc 3.29.10 IT/Finance/Admin painting Check 110659 Date Paid:04/16/2010 Qwest Inv. E0676280410 04/01/2010 Apr'10 E06.7628 Inv. E2302760410 04/01/2010 Apr'10 E23.2576 Inv. E4404790410 04/01/2010 Apr'l0 E44.0479 Inv. E4404930410 04/01/2010 Apr'l0 E44.0493 Check 110660 Date Paid:04/16/2010 Joseph Raiche Inv. 100114 04/09/2010 Reimb CL "A" CDL renewal Check 110661 Date Paid:04/16/2010 Randy's Sanitation Inc Inv. 141320310 03/19/2010 Mar'10 PW/PM Rubbish Removal Inv. 141570310 03/19/2010 Mar'10 CC Rubbish Removal Check 110662 Date Paid:04/16/2010 Inv.4354168 03/23/2010 Check 110663 Date Paid:04/16/2010 Inv. KE68965 03/23/2010 Check 110664 Date Paid:04116/2010 Inv.100402 03/02/2010 Check 110665 Date Paid:04/16/2010 Inv.100405 04/05/2010 Check 110666 Date Paid:04/16/2010 Inv. 1951 02/15/2010 Check 110667 Date Paid:04/16/2010 Inv.8046863 03/16/2010 Check 110668 Date Paid:04/16/2010 Inv. 100712 04/09/2010 Reed Business Information Proj10016 3.22.10 legal ad Rehrig Pacific Company Inc 2,000 18gl Recycle bins,wheel kits,etc Sam's Club 3.2.10 Food Jeff Sandino 4.5.10 Pasta Pasta Pasta II class Science Explorers 2.11/3.4.10 Under The Sea Science Museum of Minnesota 7.2.10 10% Deposit/Day camp field trip St Cloud State University Diane Tiegs/MCFOA training 7.12/7.16.10 Check 110669 Date Paid:04/16/2010 Star Tribune Inv. 100331 03/15/2010 3.4.10 Summer Recreation Jobs ad Page 1 of 16 Amount: $10,533.75 900.00 378.00 1,113.00 138.00 1,317.00 1,464.75 1,353.00 1,626.00 2,244.00 Amount: $19,935.00 19,935.00 Amount: $729.00 729.00 Amount: $116.19 116.19 Amount: $4,261.21 4,261.21 Amount: $5,000.00 5,000.00 Amount: $1,370.51 272.08 107.95 539.71 450.77 Amount: $19.00 19.00 Amount: $821.38 334.47 486.91 Amount: 196.80 196.80 Amount: 17,800.78 17,800.78 Amount: 66.14 66.14 Amount: 225.00 225.00 Amount: 450.00 450.00 Amount: 42.80 42.80 Amount: 260.00 260.00 Amount: $28.00 28.00 Page 16 4/19/2010 Check 110670 Date Paid:04/16/2010 Supreme Building Maintenance Inv. 031510 03/05/2010 Mar'10 Metrolink Cheshire Pkwy Janitorial Inv. 035210 03/05/2010 Mar'10 Metrolink Station 73 Janitorial Check 110671 Date Paid:04/16/2010 Inv.50950000410 04/13/2010 Check 110672 Date Paid:04/16/2010 Inv.100413 04/13/2010 Check 110673 Date Paid:04/16/2010 Inv. T0296261D 04/01/2010 Check 110674 Date Paid:04/16/2010 Inv.15333 03/17/2010 Inv.15350 03/24/2010 Check 110675 Date Paid: 04/16/2010 Inv. 100413 04/13/2010 TDS Metrocom Apr'10 CC Telephon land lines Ultimate Martial Arts Inc Apr-May'10 TaeKwon,Little Tiger,Cardio USA Mobility Wireless Inc Apr'10 UT pager rental Valley Rich Co Inc 1123 W Med Water main break repairs Revere&45th Water main break repairs Ailu Venky Dial A Ride punch card refund Check 110676 Date Paid:04/16/2010 Vision Internet Providers Inc Inv. 17267 03/15/2010 3 City Website/Vision Mobile Check 110677 Date Paid:04116/2010 Visual Computer Solutions Inc Inv. 3100 02/10/2010 POSS sftwre/training Check 110678 Date Paid:04/16/2010 Water Park of America Inv. 100618 04/13/2010 6.18.10 DayCamp deposit Inv. 100723 04/13/2010 7.23.10 Day camp deposit Check 110679 Date Paid:04/16/2010 Inv.1000965 03/31/2010 Check 110680 Date Paid:04/16/2010 Inv. 100401 04/01/2010 Check 110681 Date Paid:04/1612010 Inv.100405 04/05/2010 Total Payments: 233 Wenck Associates Inc Proj8128 Thru 3.31.10 Charlyn Martin 3.18/4.1.10 Skate School Competition/show/party Petty Cash 2.19/4.5.10 Petty Cash Reimbursement Amount: $891.34 223.37 667.97 Amount: $2,631.42 2,631.42 Amount: $871.20 871.20 Amount: $121.35 121.35 Amount: $19,102.06 13,088.88 6,013.18 Amount: $12.00 12.00 Amount: $11,595.20 11,595.20 Amount: $17,900.00 17,900.00 Amount: $267.34 133.67 133.67 Amount: $25,134.34 25,134.34 Amount: $63.99 63.99 Amount: $162.43 162.43 Total Amount Paid: $1,758,779.69 Page 17 Page 1 of 16 4/19/2010 Date: 4120110 Time: 8:44:15 AM H.M.S. Windows - Housing Assistance Payments Page: 0001 PAYMENT REGISTER SUMMARY QAhmslreportslPAYSUM.QRP Bank Account Description/Account Number Checking 3110681 Number Date Method Status Name Of Payee Total 0003818 418110 Computer Ck. Paid Heartland -Plymouth LkVwCommons 179.00 0003819 418110 Computer Ck. Paid St. Louis Park Housing Authority 958.54 Total For Bank Account Checking 51,137.54 4 Of Totals Transactions Computer Checks 3 $1,137.54 Manual Checks 0 $0.00 Direct Deposits 0 $0.00 Total For Bank: 51,137.54 Total - All Bank Accounts Printed: $1,137.54 Page 18 CITY OF PLYMOUTH RESOLUTION NO. 2010 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING APRIL 17, 2010 WHEREAS, a list of disbursements for the period ending April 17, 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 Anchor Bank — Housing Assistance Payments Housing & Redevelopment Authority GRAND TOTAL FOR ALL FUNDS Adopted by the City Council on April 27, 2010 546,435.11 434,759.22 777,240.71 344.65 1,758,779.69 1,137.54 1,759,917.23 Page 19 rp)City of Agenda 6 . 0 3PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer April 27, 2010 Reviewed by: Doran Cote, P.E. Director of public Works Change Order No. 1 Item: 36th Avenue Street Reconstruction Project City Project No. 8104 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Change Order No. 1 for the 36th Avenue Street Reconstruction Project, City Project No. 8104. 2. BACKGROUND: Attached is Change Order No. 1 to Thomas & Sons Construction, Inc. for the 36th Avenue Street Reconstruction Project, City Project No. 8104. To be consistent with the City Center Design, it was proposed to install four concrete crosswalks along 36t11 Avenue between Vicksburg Lane and Plymouth Boulevard. However, after reviewing the cost to install the crosswalks ($22,232.00), the expected future costs to maintain and/or replace them and overall aesthetics, it is recommended to eliminate the concrete crosswalks. In addition, the construction method specified in the contract is no longer consistent with MnDOT's current recommended practice. Instead, the crosswalks will be painted with the typical zebra crosswalk blocks. If approved, the crosswalks would be painted in early of May under the City's striping contract and would cost approximately $640 for all four crosswalks. 3. BUDGET IMPACT: The total cost to install four concrete crosswalks was estimated at $22,232.00. The original contract amount for Thomas and Sons Construction, Inc. was $448,584.86 and the new contract amount is $425,352.86. This change order represents a 5% decrease in the contract cost. 4. ATTACHMENTS: Project Location Map Change Order No. 1 Resolution Page 1 TH 2009 Street Reconstruction Project FTJ-s f 36th Avenue z fir, % .- — HE Ol U) lx\ rA J U VVYUO UO No 55 , N Streets to be Reconstructed CHANGE ORDER NO. 1 CITY OF PLYMOUTH DATE: April 15, 2010 PROJECT: 36th Avenue Street Reconstruction Project City Project No. 8104 CONTRACTOR: Thomas and Sons Construction, Inc. P.O. Box 303 Rogers, MN 55374 CHANGE ORDER NO.: 1 DESCRIPTION OF WORK: Install zebra crosswalk striping in lieu of concrete crosswalks at four locations on 36th Avenue. The total cost of this additional work to be paid as Change Order No. 1 is $23,232.00. Original Contract Amount $448,584.86 THIS CHANGE ORDER NO. 1 - DEDUCT $23.232.00 REVISED CONTRACT AMOUNT $425,352.86 Approved by: CONTRACTOR Thomas & Sons Construction, Inc. Recommended for approval by: CITY ENGINEER, CITY OF PLYMOUTH: ME Approved by: City of Plymouth, Minnesota By , Mayor By , City Manager Date: Distribution: 2 — Contractor 1 — Engineer 0d.Engineering\PROJECTS\2000 - 2009\8104\Ltis ChangeOrderl_ThomaS&Sons8104.doc Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2010 A RESOLUTION APPROVING CHANGE ORDER N0. 1 FOR 36TH AVENUE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 8104 WHEREAS, Change Order No. 1 has been prepared providing for the following: Eliminating four concrete crosswalks on 36th Avenue between Vicksburg Lane and Plymouth Boulevard. WHEREAS, Change Order No. 1 for 36th Avenue Street Reconstruction Project, City Project No. 8104, is recommended for approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That Change Order No. 1 for 36th Avenue Street Reconstruction Project, City Project No. 8104 by deducting 23,232.00 is approved: Original Contract Amount Previous Change Orders THIS CHANGE ORDER NO. 1 REVISED CONTRACT AMOUNT APPROVED THIS 27TH DAY OF APRIL, 2010 448,584.86 0.00 Deduct $23,232.00 425,352.86 Page 4 rp)City of Agenda 6 . 0 4PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer April 27, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Change Order No. 1 Item: Campus Drive/26th Avenue Mill and Overlay and Culvert Replacement Project, SAP 155-159-004 City Project No. 8107 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving Change Order No. 1 for the Campus Drive/26th Avenue Mill and Overlay Project and Culvert Replacement Project, State Aid Project No. 155-159-004, City Project No. 8107. 2. BACKGROUND: Attached is Change Order No. 1 for Ryan Contracting Co. This change order is for watermain replacement of approximately 240 feet of 16" watermain, and installation of one 16" gate valve and one hydrant between Teakwood Lane and Sycamore Lane. After meeting with the contractor, it was determined that it would be very difficult to protect the existing watemain due to material type (cast iron) and age (constructed in 1971) of the pipe and due to approximately 1 foot of separation between the watermain and culvert. Therefore, it is recommended to replace a minimum of 50 feet of the watermain over the culvert with PVC pipe. This project is adjacent to the 2008 Street Reconstruction Project, which included watermain replacement to Sycamore Lane. Rather than leaving a small section of cast iron watermain, it is recommended to install an additional 190 feet of PVC watermain from the culvert to Sycamore Lane. The hydrant is required for testing purposes and the valve is needed to keep all businesses and residential properties in service during the replacement. 3. BUDGET IMPACT: The total cost to replace the watermain is $33,000. The original contract amount for Ryan Contracting Co. was $376,826.90 and the new contract amount is $409,826.90. This change order represents an 8% increase in the contract cost. 80% of the watermain replacement costs will come from the America Recovery and Reinvestment Act (ARRA) and the remaining costs will be funded by the Water Fund which requires a budget amendment. 4. ATTACHMENTS: Project Location Map Change Order No. 1 Resolution Page 1 Mn/DOT Tp -2460-0112-92) SHEET _1_ OF 2 SHEETS State of Minnesota - Department of Transportation CHANGE ORDER # 1 Contractor: Ryan Contracting Co. State Project No.: 155-159-004 Address: PO Box 246 26350 France Ave. Elko, MN 55020 Location: Plymouth, MN Federal Project No.: ES l OES(028) Contract No.: In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions. Removal and installation of 240 feet watermain. Watermain shall be 16" PVC C905. Cut in 16" valve and install fire hydrant, tee and 6" valve. Insulate where the watermain crosses the culvert. The Plymouth Engineering Guidelines will govern for any materials, installation methods and testing. These are included in Appendix A of the contract documents. Any other items necessary not included in the bid form shall be incidental including, but not limited to, testing, excavation, backfill, removal of existing pipe, etc. Total estimated cost of the change order is $33,000. Original Contract Amount Previous Change Orders THIS CHANGE ORDER NO REVISED CONTRACT AMOUNT 376,826.90 0.00 Add $33,000.00 409,826.90 26,400, or 80% of the funding, will come from ARRA. After this change order, ARRA would fund 327,861.52 for this project. The cap for this project for ARRA funds is $346,560.00. 6,600, or 20% of the funding, will come from the City of Plymouth's Water Fund The reasoning for this change order is after meeting with the contractor, it was determined that it would be very difficult to protect the existing watemain due to material type (cast iron) and age (constructed in 197 1) of the pipe and due to approximately 1 foot of separation between the watermain and culvert. The hydrant is necessary for testing the watermain and the valve is necessary to keep adjacent properties in service during the time of the replacement. CHANGE IN CONTRACT TIME Due to this change the Contract Time: a. Is increased ( X ) by _3_ Working Days Is decreased ( ) by Working Days Is increased () by Calendar Days Is decreased () by Calendar Days b. Is not changed ( ) c. May be revised if the work affected the controlling operation ( ) Issued By: Project Engineer Date Accepted By: Contractor's Authorized Representative Date Approved By: Metro State Aid District Engineer For Funding Approval Only Original to Project Engineer; copies to Contractor, Construction & Innovative Contracting, and Materials Office Date Page 3 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING CHANGE ORDER N0. 1 FOR CAMPUS DRIVE/26T" AVENUE MILL AND OVERLAY AND CULVERT REPLACEMENT PROJECT, CITY PROJECT N0. 8107 WHEREAS, Change Order No. 1 has been prepared providing for the following: Removal and installation of 240 feet watermain. Watermain shall be 16" PVC C905. Cut in 16" valve and install fire hydrant, tee and 6" valve. WHEREAS, Change Order No. 1 for Campus Drive/26th Avenue Mill and Overlay and Culvert Replacement Project, City Project No. 8107, is recommended for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. That Change Order No. 1 for Campus Drive/261h Avenue Mill and Overlay and Culvert Replacement Project, City Project No. 8107, by adding $33,000 is approved: Original Contract Amount Previous Change Orders THIS CHANGE ORDER NO. 1 REVISED CONTRACT AMOUNT 376,826.90 0.00 Add $33,000.00 409,826.90 2. The 2010 Budget is hereby amended to include an additional $33,000 in Capital Overlay 5K) Construction Projects for a total of $3,200,000. APPROVED THIS 27T" DAY OF APRIL, 2010 Page 4 rp) City of Plymouth Adding QoaWy to Life REGULAR COUNCIL MEETING April 27, 2010 Agenda 6.05Number: To: Laurie Ahrens, City Manager Prepared by: Derek Asche, Water Resources Manager Reviewed by: Doran Cote, Director of Public Works Approve Riparian Restoration and Stream Bank Stabilization Item: Grant with Hennepin County Dept. of Environmental Services for the Plymouth Creek Stream Bank Restoration Project City Project No. 8128 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving the Riparian Restoration and Stream Bank Stabilization Grant with Hennepin County for the Plymouth Creek Streambank Restoration Project, City Project No. 8128, and to authorize the Mayor and City Manager to execute the Grant Agreement on the City's behalf. 2. BACKGROUND: The scope of this project includes the area just upstream of the newly constructed Plymouth Creek Water Quality Ponds at West Medicine Lake Park and follows Plymouth Creek to 1000 feet north of 26th Avenue. This project will assist the City in addressing Medicine Lake's impaired water status for excess nutrients by reducing downstream sediment and nutrient transport and help the City meet future regulatory requirements set by the Minnesota Pollution Control Agency through Total Maximum Daily Load (TMDL) requirements. The Plymouth Creek Streambank Restoration Project feasibility report examined the potential to address severe streambank erosion through a variety of natural best management practices such as root wads, riffles, rock vanes, and soil pillows. The feasibility report also indicated that in some cases, hard armoring with rock or riprap may be necessary to protect the streambank. Other components of this project include extensive permit preparation for review by various regulatory agencies as well as re-routing approximately 1,500 feet of Plymouth Creek near West Medicine Lake Drive to a historic location which will also help to reduce flooding potential of adjacent properties and to provide a better alignment of Plymouth Creek into the newly constructed water quality ponds. Through the Riparian Restoration and Stream Bank Stabilization Grant, the City is eligible for reimbursement of up to $155,000 for costs associated with both design and construction of this project, including preparation of plans and specifications, construction, operation and maintenance plans, and construction inspection. Administration of this project by City staff is a non -reimbursable expense. PAOrganization\Council\Council Staff Reports\2010\042710\z 605 1 Project_8128_report_resolution.docx Page 1 3. BUDGET IMPACT: The 2010-2014 Capital Improvement Program (CIP) includes $1,100,000 between 2010 and 2014 for construction of the Plymouth Creek Streambank Restoration Project (07 -WR -001) including wetland mitigation, construction, engineering, administration, and contingencies. Proposed funding included: Bassett Creek Watershed Management Commission: $990,000 Water Resources Fund: $110,000 Total $1,100,000 The current estimated project cost including wetland mitigation, construction, engineering, administration, and contingencies is $1,100,000. This grant was not contemplated at the time the 2010-2014 CIP was drafted, therefore funding sources for this project now include: Bassett Creek Watershed Management Commission: $910,200 Hennepin County Riparian Restoration and Streambank Stabilization Grant: $155,000 Water Resources Fund (in kind services): $34,800 Total: $1,100,000 4. ATTACHMENTS: Project Location Map Grant Agreement Resolution PAOrganization\Council\Council Staff Reports\2010\042710\z 605 1 Project_8128_report_resolution.docx Page 2 ALTvwzNt igg- —` s 3 zw MjWk BARIO-0088 Contract No. A100126 RIPARIAN RESTORATION AND STREAM BANK STABILIZATION GRANT AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This Agreement is between the County of Hennepin, State of Minnesota ("County") at A2300 Government Center, Minneapolis, MN 55487 by its Department of Environmental Services, 417 North Fifth Street, Suite 200, Minneapolis, Minnesota, 55401-3206 ("Department") and the City of Plymouth ("Grantee") with offices located at 3400 Plymouth Blvd., Plymouth, MN 55447-1482. Grantee has submitted an application to the County for a grant to be used for the implementation of stabilizing and restoring approximately 5400 feet of Plymouth Creek between 26`h N. and Medicine Lake Drive West in Plymouth. The application is incorporated into this Agreement by reference. The parties agree as follows: 1. GRANT AMOUNT AND COMPLETION The County shall grant to Grantee a sum not to exceed One Hundred Fifty Five Thousand Dollars ($155,000.00) which funds shall be only for expenses incurred in performing activities specified in the Application and as may be further described in Exhibit A to this Agreement or as approved by the County. Approved stabilization and restoration activities as may be described in the application and Exhibit A are referred to as the "Project". Administrative costs incurred by Grantee are not eligible for reimbursement. Grantee shall complete the Project before December 31, 2011 and within the terms stated herein. Any material change in the scope of the Project, including time schedule and budget, must be approved in writing by the County. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing such purposes and activities described in the Application and this Agreement. 2. ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement, Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally accepted accounting principles. The County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 3. PAYMENT/DISBURSEMENT SCHEDULE County will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the County, submitted by Grantee and approved by the County. Payment requests can be submitted once per month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the County will disburse the requested amount to Grantee within six (6) weeks after receipt of a written disbursement request. HCAO Form 101 2009 (Revised 8/08) 1 Page 4 4. REPORTING Grantee shall submit to the County semi-annual progress reports on the distribution of funds and the progress of the Project. The reports must be received by the County no later than July 15 and January 15 of each year (July 15, 2010, January 15, 2011, July 15, 2011 and January 15, 2012). The report shall conform to the requirements and formats set by the Board of Soil and Water Resources. In addition, the required documentation listed in Exhibit A should be supplied as it becomes available. 5. CONTRACTS Grantee shall include in any contract, provisions that require contractors to comply with all applicable State and Federal laws and regulations regarding employment and workplace safety. In accordance with Hennepin County's policies against discrimination, Grantee shall not exclude any person from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. Public Grantees and any contractors or subcontractors performing services as part of this Agreement shall follow that public Grantee's Affirmative Action policy against discrimination. 6. TERMINATION, CANCELLATION AND ASSIGNMENT This Agreement may be canceled by the County upon sixty (30) days written notice to Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed up to the effective date of such cancellation. If the County finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made toward commencement or completion of the activities specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the contrary and after written notice and reasonable opportunity to cure, the County may refuse to disburse additional funds and/or require the return of all or part of the funds already disbursed, to the extent such funds were used for purposes other than activities contemplated by this Agreement. This Agreement may not be assigned without the prior written consent of the County. 7. INDEPENDENT CONTRACTOR Grantee shall select the means, method, and manner of performing the Project. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties or as constituting Grantee as the agent, representative, or employee of the County for any purpose. Grantee shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any personnel of Grantee or other persons while engaged in the performance of any work or services required by Grantee under this Agreement will have no contractual relationship with the County, and will not be considered employees of the County. The County shall not be responsible for any claims that arise out of employment or alleged employment under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of any personnel, including, without limitation, claims of discrimination against Grantee, its officers, agents, contractors, or employees. Grantee shall defend, indemnify and hold harmless the County, its officials, officers, agents, and employees from all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re-employment Compensation, disability, severance pay, and retirement benefits. HCAO Form 101 2009 (Revised 8/08) 2 Page 5 8. INDEMNIFICATION Subject to the limitations, immunities and defenses in Minnesota Statutes Chapter 466 grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, and/or any party that directly or indirectly benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of Grantee to perform any obligation under this Agreement. 9. INSURANCE In order to protect the County and those listed above under the indemnification provision, Grantee agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors to do likewise, the following insurance coverages under either a purchased insurance or self-insurance program: Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $2,000,000 Products -Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence — Combined Bodily Injury and Property Damage 1,500,000 Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverage's where applicable 2,000,000 Excess Liability General Aggregate 2,000,000 Each Occurrence 2,000,000 2. Automobile Liability— Bodily Injury: 2,000,000 Each Person 2,000,000 Each Accident Property Damage: 2,000,000 Each Accident or Combined Single Limit Bodily Injury and Property Damage) 2,000,000 Each Accident Workers' Compensation and Employer's Liability: Workers' Compensation, State. Statutory Applicable Federal (e.g. Longshoreman's) Statutory Employer's Liability. $2,000,000 4. Contractual Liability — Bodily Injury: 2,000,000 Each Accident 2,000,000 Annual Aggregate Property Damage: 2,000,000 Each Accident 2,000,000 Annual Aggregate The Owner shall be named as an additional insured, on a primary basis Other persons or entities to be included as additional insureds: The insurance must be maintained continuously for a period of two years after the termination of this Agreement HCAO Form 1012009 (Revised 8/08) Page 6 Grantee shall require that any independent contractors rendering assessment and/or activities under this Agreement furnish certificates of insurance to Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minimum insurance requirements. It is the sole responsibility of Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the County upon written request. Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which clearly evidences required insurance coverages. If Grantee fails to furnish proof coverages, if requested by the County, the County may withhold payments and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute. 10. DATA PRACTICES Grantee, its officers, agents, owners, partners, employees, volunteers and subcontractors shall abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA), the Health Insurance Portability and Accountability Act and implementing regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality. If.Grantee creates, collects, receives, stores, uses, maintains or disseminates data because it performs functions of the COUNTY pursuant to this Agreement, then Grantee must comply with the requirements of the MGDPA as if it were a government entity, and may be held liable under the MGDPA for noncompliance. Grantee agrees to defend, indemnify and hold harmless the COUNTY, its officials, officers, agents, employees, and volunteers from any claims resulting from Grantee's officers', agents', owners', partners', employees', volunteers', assignees' or subcontractors' unlawful disclosure and/or use of such protected data, or other noncompliance with the requirements of this section. Grantee agrees to promptly notify the COUNTY if it becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA. The terms of this section shall survive the cancellation or termination of this Agreement. 11. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties. 12. PREVAILING WAGE It is the responsibility of the Grantee or contractor to pay prevailing wages on construction projects to which state prevailing wage laws apply (Minn. Stat. 177.42 —177.44). All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these state funds shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality. 13. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. HCAO Form 1012009 (Revised 8/08) 4 Page 7 COUNTY BOARD AUTHORIZATION GRANTEE, having signed this agreement, and the Hennepin County Board of Commissioners having duly authorized this agreement on the of , 2010, and pursuant to such approval, the proper County officials having signed this agreement, the parties hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's COUNTY OF HENNEPIN Office STATE OF MINNESOTA Assistant County Attorney Date: LI -32 ATTEST: Date: By: Date: By: Assistant County Administrator, Public Works Recommended for Approval Date: By: Director, Department of Environmental Services Date: Chair of Its County Board Deputy/Clerk of County Board Richard P. Johnson, County Administrator GRANTEE Grantee warrants that the person who executed this Agreement is authorized to do so on behalf of GRANTEE as required by applicable articles, bylaws, resolutions or ordinances. Name: The City of Plymouth By: Kelli Slavik Mayor Date: Laurie Ahrens, City Manager Date: HCAO Form 1012009 (Revised 8/08) 5 Page 8 Exhibit A Plymouth Creek Restoration Project. City of Plymouth Project Summary: This project is one of four stream segments on Plymouth Creek proposed to be repaired for stream bank and channel erosion problems. In all 5,400 feet of Plymouth Creek, starting at Medicine Lake Drive West up to 26th Ave. N will be in the project area. The downstream section of the Creek will be relocated and reconfigured to a more natural steam pattern to reduce flooding and improve the ecological function of the stream. This rerouting will increase the stream length from 5400 feet to 6500 feet. Seventeen additional areas upstream of the re -meander area will be stabilized by the use of riprap, root wads, biologs, cross vanes, rock vanes, pipe outlet stabilization and vegetated reinforce slope stabilization techniques. The following costs are based on a budget submitted by Grantee. Modifications must be approved in writing by the County. Approved Budget for the Plymouth Creek Restoration Project: Activities relating to the stabilization and restoration of Plymouth Creek between 26th Ave. N. and Medicine Lake Drive West in Plymouth, as identified in the Hennepin County Riparian Restoration and Stream Bank Stabilization Program Application for Plymouth Creek Restoration Project dated September 30, 2009 and the Feasibility Report for Plymouth Creek Restoration Project, Plymouth MN prepared for Bassett Creek Watershed Management Commission dated July 2009. This includes the preparation of project specifications and designs, and related site stabilization and restoration work, operation and maintenance plans and related consulting and inspection. Costs associated with said work. $ 155,000 Total: $ 155,000 Required Documentation to be Submitted to Hennepin County: Project Design and Specifications Conservation Corps of Minnesota or Tree Trust Contractual Agreements Consultant/Contractor Invoices Semi-annual project progress/summary report(s) per Board of Water and Soil Resources format. Certification that the project was installed according to the approved plans and specification. Operation and maintenance plans covering the life of the practice (10 years) must be included with the design standards. A-1 Page 9 CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION TO APPROVE THE RIPARIAN RESTORATION AND STREAMBANK STABILIZATION GRANT WITH HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES PLYMOUTH CREEK STREAMBANK RESTORATION PROJECT CITY PROJECT No. 8128 WHEREAS, the Hennepin County Board of Commissioners approved funding in the amount of $155,000 at their March 23, 2010 Board Meeting for the design and construction of the Plymouth Creek Streambank Restoration Project; and WHEREAS, a Grant Agreement has been prepared by the Hennepin County Department of Environmental Services in reference to the Plymouth Creek Streambank Restoration Project; and WHEREAS, the proposed improvement includes the restoration of severely eroded streambank and realignment of approximately 1,500 feet of Plymouth Creek to reduce the flood potential to adjacent properties, prior to the creek's discharge into Medicine Lake; and WHEREAS, the Hennepin County Department of Environmental Services will reimburse the City for design and construction costs, up to $155,000 per the terms of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council hereby approves the Grant Agreement as presented; and 2. Authorizes the Mayor and City Manager to execute the agreement on behalf of the City. APPROVED THIS 27TH DAY OF APRIL, 2010. PAOrganization\Council\Council Staff Reports\2010\042710\z 605 1 Project_8128_report_resolution.docx Page 10 p))city of Plymouth Agenda 6 . 0 6Number: Knife River Corporation 512.290.03 adding Quality to Life To: Laurie Ahrens, City Manager REGULAR 542,999.25 COUNCIL MEETING Prepared by: James Renneberg, P.E., Assistant City Engineer April 27, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Northwest Asphalt Award Contract for the LaTour Construction Item: 8th Avenue Street Reconstruction Project City Project No. 10004 1. ACTION REQUESTED: Make a motion to adopt the attached resolution awarding the contract for the 8th Avenue Street Reconstruction Project, City Project No. 10004. 2. BACKGROUND: On February 23, 2010, the City Council approved the plans and specifications for total reconstruction of 8th Avenue from County Road 101 to approximately 100 feet east of Shadyview Lane. Total reconstruction includes removing the bituminous surface, replacing the subgrade material with sand and rebuilding the crushed rock and bituminous layers. The project will also include the installation of B618 or high back concrete curb and gutter. Water Quality Best Management Practices will be incorporated within the project area by the installation of a rain garden and sump manholes. The recommended roadway widths will also result in a reduction of impervious surface. The sanitary sewer system and watermain improvements are also included in the reconstruction 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 system, including fire hydrants and services, is to be replaced entirely. On March 30, 2010, bids were publicly opened for the 8th Avenue Street Reconstruction Project. A total of 21 bids were received at the following prices: Contractor Total Base Bid Knife River Corporation 512.290.03 Astech 529,173.16 C&L Excavating 542,999.25 GMH Asphalt Corp. 546,385.28 Valley Paving 547,763.15 Northwest Asphalt 553,415.66 LaTour Construction 556,817.90 Page 1 Nodland Construction 558,130.20 Midwest Asphalt 569,754.00 Minnesota Dirt Works 572,024.67 Rum River 577,477.84 Hardrives 580,170.79 S.R. Weidema 599,418.53 Kuechle Underground 617,841.72 Ryan Contracting 623,602.20 Northdale Construction 625,768.18 Palda & Sons 634,538.03 Doboszenski & Sons, Inc 643,710.32 Minger Construction 669,176.61 Thomas & Sons 684,510.53 Forest Lake 702,056.15 Engineers Estimate 709,403.40 Engineering staff has reviewed the information submitted by Knife River Corporation 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 Monticello, Montrose, Elk River and Sandstone in that time frame. Engineering staff feels that Knife River Corporation is capable of constructing the 8th Avenue Street Reconstruction Project in accordance with the approved plans and specifications. 3. BUDGET IMPACT: This project is included in the 2010-2014 Capital Improvement Program (CIP) at an estimated cost of $1,000,000. Based on the low bid, the estimated total project cost is approximately $650,000. Funding of this project would come from the Water Fund 140,000), the Sewer Fund ($3,000), the Water Resources Fund ($12,000), assessments 235,000) and the Street Reconstruction Fund ($260,000). The estimated assessment for each single family property is $8,000. The assessment estimated at the time of the Public Improvement Hearing was $9,752.31. The final assessments will be determined once the project has been completed. 4. ATTACHMENTS: Project Location Map Resolution Page 2 Figure 7 8th Avenue Street Reconstruction C. P. 10004 Proposed Location Map o, E Q&, ! 7 999 E 31• t 8TH AVE LI Q ENS Np 1 tf f jj 9// t, 9 r moi. Streets to b stl€cted % 5y CITY OF PLYMOUTH RESOLUTION No. 2010 - A RESOLUTION TO AWARD CONTRACT FOR 8TH AVENUE STREET RECONSTRUCTION PROJECT CITY PROJECT 10004 WHEREAS, pursuant to an advertisement for bids for the improvements located on 8th Avenue from County Road 101 to approximately 100 feet east of Shadyview Lane by reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation, storm sewer installation and repair, watermain replacement, 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 Knife River 512.290.03 Astech 529,173.16 C&L Excavating 542,999.25 GMH Asphalt Corp. 546,385.28 Valley Paving 547,763.15 Northwest Asphalt 553,415.66 LaTour Construction 556,817.90 Nodland Construction 558,130.20 Midwest Asphalt 569,754.00 Minnesota Dirt Works 572,024.67 Rum River 577,477.84 Hardrives 580,170.79 S.R. Weidema 599,418.53 Kuechle Underground 617,841.72 Ryan Contracting 623,602.20 Northdale Construction 625,768.18 Palda & Sons 634,538.03 Doboszenski & Sons, Inc 643,710.32 Minger Construction 669,176.61 Thomas & Sons 684,510.53 Forest Lake 702,056.15 Engineers Estimate 709,403.40 WHEREAS, it appears that Knife River Corporation of Sauk Rapids, MN is the lowest responsible bidder complying with the minimum specifications. Page 4 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 for the Base Bid with Knife River Corporation of Sauk Rapids, MN in the name of the City of Plymouth for the improvement of the area located on 81h Avenue from County Road 101 to approximately 100 feet east of Shadyview Lane, 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 $512.290.03. 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 27TH DAY OF APRIL, 2010 Page 5 city or Agenda 6 . 0 7p!ymouth Number: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Stephen J. Deuth, Sr. Engineering Technician April 27, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Accept Petition, Order Preliminary Engineering Item: Report, Receive Report and Order Street Light Project located at 16715 25th Avenue. 1. ACTION REQUESTED: Make a motion to adopt the attached two resolutions accepting the petition and ordering a preliminary engineering report and receiving the report and ordering a street light to be located at 16715 25th Avenue. 2. BACKGROUND: City Staff has received a petition from Vaira Druva, Holly Wadman, Julie Eppers, Jake and Liz Ehlers and Chris Lizzi requesting the installation of 1 street light to be installed at 16715 25th Avenue. Xcel has determined that the light location is dependent on where the power source originates. This request is a result of safety concerns that the 5 property owners have on 25th Avenue cul-de-sac. Due to the lack of street lighting, the cul-de-sac is very dark and the benefiting residents have small children along with teenage drivers entering and exiting the cul-de-sac. Per City Code, a public hearing is not required when 100% of the benefitting parcel(s) agree to pay for the cost of the street light. In this case, five homeowners have agreed to pay all costs associated with this street light. There will be no installation cost for this street light. Underground service will be provided from a transformer located between 16715 and 16725 25th Avenue. 3. BUDGET IMPACT: The City will be billed by Xcel Energy and will in -turn bill the five benefiting parcels for the energy cost of the street light. 4. ATTACHMENTS: Petition Letter from Vaira Druva Signed Petition Preliminary Engineering Report Map Resolutions P:\Organization\Council\Council Staff Reports\2010\042710\16715_25thAve_ 4_27_10.doc Page 1 Vaira Druva 16735 25th Avenue North Plymouth, MN 55447 763 473 3577 April 1, 2010 Dear City of Plymouth Mayor and Council, Please fine the attached Petition for Street Lighting. I spoke with Steve Deuth, Sr. Engineering Technician in February, regarding the installation of a light/lights in our cul- de- sac, which is south, off 25th Avenue North, immediately west of Dunkirk Road. I spoke with Ed Biging from Excel and he informed me there would be no installation charge. We all understand there will be an additional amount of money added on to our City of Plymouth bills, to pay for the light/lights. I have attached Steve's letter regarding our request. The cul-de-sac is very dark due to the lack of any nearby street lighting. Two of our homes have small children, while two have teenage sons and their teenage friends, driving in and out of the cul-de-sac. We are quite worried about safety issues. Also, it would be great to have a street light on the corner of the cul-de-sac, but I am not sure what the charge would be because the electric box is located between two houses, which is fine, but there is no electric box on the corner. I hope everything is in order and we all look forward to your approval. Sincerely, Vaira Druva Page 2 J 1 CITY OF PLYMOUTH PETITION FOR STREET LIGHTING We, the undersigned, do hereby petition the City of Plymouth, Mayor and Council for the installation of street lights in the following area: Iq Lcc/- q C- y r Jc,4e &,7 el-) 16 Z 45- 6?zt( We do hereby waive our right to public improvement hearings and special assessment hearings on this improvement. NAME ADDRESS DATE sMd/ f/ 67 i e A '/---- J 7-7 7 67.3r- 4SG'(J-., 3 A4 lb P S i Page 3 C:\DOCUME-l\vdmva\LDCALS-t\Temp\StrLightPetitionFo m_Dmva.doc PRELIMINARY ENGINEERING REPORT STREET LIGHTING IMPROVEMENT PROJECT 1671525 th AVENUE PLYMOUTH, MINNESOTA April, 2010 I hereby certify that this report was prepared by me or under my direct supervision and that a ;,,ul/Licensed Professional Engineer under the laws of the State of Minnesota. REG. NO. REVIEWED BY: DATE:f Page 4 Background Currently, there is no street lighting on the 25th Avenue cul-de-sac south of 25th Avenue and west of Dunkirk Lane. The closest street light is on an existing power pole at the northwest corner of Dunkirk Lane and 25th Avenue approximately 300 feet away. Safety for small children and teenage drivers entering and exiting the area is the main concern of the 5 properties in the cul-de-sac. Preliminary Design Xcel Energy is proposing to install a 150 watt HPS traditional street light on a fiberglass pole with underground power. The proposed installation methods and lighting equipment will meet Xcel Energy's design criteria, who will provide maintenance of the street light in the future. Estimated Costs The estimated project cost for the proposed improvement is as follows: The City will be billed for the lease cost per month from Xcel Energy. Xcel Energy's lease rate will be $17.55/month per light. In addition to this lease rate, Xcel Energy charges the City an environment improvement rider, fuel cost charge, resource adjustment charge, and state tax. These charges fluctuate monthly and are averaged over a 1 year period. The current average yearly percentage is 6.3%. This rate in addition to contingencies at $.10 per month, per property owner is added to the cost of the street light. The total cost for this street light will be $20.52/month or $246.24 per year. The City will charge the five properties $8.21 bimonthly. In some years there may be an "interim rate adjustment" charge added to Xcel's monthly billing. There is no additional installation cost for this light at this time. The installation, maintenance, energy, equipment, and equipment replacement costs are built into the lease rate. Page 5 Conclusion and Recommendations As a result of Xcel Energy's preliminary design, it is concluded that: The proposed lighting system should be designed to accommodate the maintenance requirements established by Xcel Energy. Lighting improvement is necessary to provide lighting for the residents within 25th Avenue cul-de-sac. The proposed improvement is feasible. The project as noted in this report is cost effective. Based on these conclusions, we recommend: The proposed street lighting system be installed as outlined in this report. Street Lighting costs for this street light be collected from property owners located at 16715 25th Avenue, 16725 25th Avenue, 16735 25th Avenue, 16745 25th Avenue, and 16755 25th Avenue. Page 6 zo i n r V > Lighting Improvements - 2. Ave Location Map ;AVE . a 24Ty,, N m 23RD AVE oCKLA Page 7g CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF PRELIMINARY ENGINEERING REPORT FOR STREET LIGHTING LOCATED AT 1671525 TH AVENUE WHEREAS, a petition has been received from Vaira Druva, Holly Wadman, Julie Eppers, Jake and Liz Ehlers and Chris Lizzi requesting installation of a street light to be located at 16715 25th Avenue; and WHEREAS, a certain petition requesting the improvement of 25th Avenue cul-de-sac west of Dunkirk Lane by the installation of 1 street light, filed with the City Council on April 27, 2010, is hereby declared to be signed by the required percentage of properties affected thereby. This declaration is made in conformance with Minnesota Statutes Section 429.035; and WHEREAS, the petition is signed by Vaira Druva, Holly Wadman, Julie Eppers, Jake and Liz Ehlers and Chris Lizzi and have waived their rights to public improvement and special assessment hearings; and WHEREAS, the petition is hereby referred to the City Engineer who is instructed to report to the City Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the petition requesting the street light has been accepted along with ordering a preliminary engineering report for the street light located at 16715 25' Avenue. APPROVED THIS 27TH DAY OF APRIL, 2010. P:\Organization\Council\Council Staff Reports\2010\042710\16715_25thAve_ 4_27_10.doc Page 8 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT AND ORDERING PROJECT FOR STREET LIGHTING LOCATED AT 1671525 T'AVENUE WHEREAS, pursuant to a resolution of the Council adopted April 27, 2010, a report has been prepared by the City Engineer with reference to the improvement of 25th Avenue cul-de-sac west of Dunkirk Lane by the installation of a traditional street light and this report was received by the Council on April 27, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Council finds and determines that said petition was signed by Vaira Druva, Holly Wadman, Julie Eppers, Jake and Liz Ehlers and Chris Lizzi and have waived their right to a public hearing. 2. Such improvement is hereby ordered as proposed in the City Council resolution adopted April 27, 2010. 3. The City Engineer is hereby designated as the engineer for this improvement. He shall coordinate the work which will be performed by Xcel Energy. APPROVED THIS 27TH DAY OF APRIL, 2010. P:\Organization\Council\Council Staff Reports\2010\042710\16715_25thAve_ 4_27_10.doc Page 9 rp)City of Agenda 6 . O 8PlymouthNumber: v Adding Quality to Cede To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Stephen Deuth, Senior Engineering Technician April 27, 2010 Reviewed by: Doran Cote, P.E., Director of Public Works Approving Encroachment Agreements for Item: Retaining Wall within Lot 1, Block 1, Four Points of Plymouth at 4290 Weston Lane & Lot 2, Block 3, Northfork at 4300 Weston Lane (2006022) 1. ACTION REQUESTED: Make a motion to adopt the attached resolution approving encroachment agreements in favor of Pomroy Limited Partnership, owner of Lot 1, Block 1, Four Points of Plymouth at 4290 Weston Lane and Graham and Carol Smith, owners of Lot 2, Block 3, Northfork at 4300 Weston Lane. 2. BACKGROUND: James Pomroy, a part owner of 4290 Weston Lane, has petitioned the City to consider approving an encroachment agreement to allow a proposed retaining wall to occupy a public drainage and utility easement within Lot 1, Block 1, Four Points of Plymouth. A portion of the retaining wall will encroach into the public easement together with landscaping to be installed on top of the berm west of the fence line. As owner of Lot 1, Mr. Pomroy has taken on the task of creating privacy screening for Lots 1, 2, and 3, Block 1, Four Points of Plymouth. This project will consist of a 5 -foot high berm with a 6 -foot high fence placed on top of the berm. The fence will run along the south property lines of Lots 2 and 3 and extend northerly along the east side of Lots 1 and 2. From the north line of said Lot 1, the retaining wall will continue extending northerly through the existing drainage and utility easement within Lot 2, Block 3, Northfork. Graham and Carol Smith, owners of said Lot 2, have agreed to allow the retaining wall to continue to their existing fence and have consented to signing an encroachment agreement for that part of the retaining wall that crosses the drainage and utility easement within their property. Also, an additional retaining wall is proposed to be constructed in the northeast corner of Lot 2, within Four Points of Plymouth, south of the existing storm sewer. This wall will not encroach into the public drainage and utility easement. The encroachment agreement allows for part of the retaining wall to occupy the drainage and utility easement without altering the intended use. In addition, it allows the City to remove a portion or the entire retaining wall at the property owner's cost if it is deemed necessary to protect the purpose of the easement. P:\Organuation\Council\Council StaffReports\2010\042710\z 608 1 4290Weston_EncAgrmt_4_27_10.doc Page 1 3. BUDGET IMPACT: This proposed agreement will have no effect on our budget. 4. ATTACHMENTS: Encroachment Location Maps Pomroy Request Letter Smith Consent Letter Encroachment Agreements Resolution PAOrganuation\Council\Council StaffReports\2010\042710\z 608 1 4290Weston_EncAgrmt_4_27_10.doc Page 2 Lot 2, Block 3, Northfork EXISTING FENCE moo ti _- S,. R SEWER FIELD FI 12" HDP 987.0 T91.0 B87.0 6' Wood Fence T91.0 887.0 FIELD FIT 2 12" HDPE 02.96% :33y TIMM59mat INFILTRATION BASIN 5y r r.nwAnN x Page 3 L Q 1_ ••. _.. yJ''S1_ fiti/.1V ;J_ i :/11.4 n 9A& `---------'---- QED}- 4A:1. 8 4709d X9Ab 0 X904. J X 4. E 9f,. [ Fence 90b, L BRa4 ? OLD ROCKFORD ROAD LEGEND Mi DENOTES CATCH BASIN 958— DENOTES EXISTING CONTOUR DENOTES PROPOSED CONTOUR DENOTES IRON MONUMENT x 000.0 DENOTES EXISTING ELEVATION 000.0) DENOTES PROPOSED ELEVATION DENOTES DIRECTION OF SURFACE DRAINAGE 000. DENOTES SANITARY SEWER SERVICE ELEVATION I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. DATE 4/08/10 REG. NO 26147 REVISIONS U z ; L d O W3 m W Q 6i A syiti 6 D SMA oE'' z 0 QH J } HOZ z_ c7 -W ZaO zO o Imo— a L3 W o U z III LL DRAW/CHECK DLS/RSM DATE 04/08110 BOOK/PAGE JOB NO. 71705-001 DWG. NAME CERT 71705001 Date: April 9,. 2010 To: Bob Moberg, Plymouth City Engineering Lead From: James Pomroy Subject: Encroachment Agreements for 4290 Weston berm/fence plans HI Bob and team, Per your guidance and inputs from your team, this letter is my request to the city for the Encroachment Agreements we discussed at our meeting April 1. As you may recall, due to the lack of a common developer, I have taken on the role of coordinating the 3 home/lot owners along Vicksburg and old Rockford Rd in Four Points of Plymouth for a safe, secure and visually pleasing integrated fence/berm/barrier between our neighborhood and the busy intersection adjacent. Specifically, as detailed on the attached new Survey of the Fence/Retaining Wall Design, I am requesting an agreement that covers the following encroachments: 1) Partial encroachment of the E/W infiltration easement. just West and North of the infiltration pond with beehive; with retaining wall/berm to be held back from the 984 basin elevation shape a couple feet, roughly to the 986 elevation shape around it. 2) Encroachment by both 4290 and adjacent 4280 Weston (Madaramy Ayyachamy) properties across the 10` wide E/W storm sewer easement on the East side of our properties with up to a 24" high berth, to be integrated along with a gate into the existing berm on Mada's property, and the new berm/retaining wail/fence on Pomroy property:. The design keeps the max fence height at 6', while allowing natural drainage from the side yards and 4280 backyard under the gate where there will be no berming. This allows easy access to the outside easements for maintenance by the property owners, while providing good drainage through the plane of the berm at the 3' wide gate. 3) Encroachment of the 4290 drainage/utility easement indicated on the NE corner of the property, adjacent to Vicksburg Lane. The 4' boulder retaining wall will be held back (West) from the E property line at least 6" as agreed, and will be sloped to carry drainage including that from the subdivision to the North —No rthfo rk—in a Southerly direction along the wall to the infiltration basin. Sincerely, I N , i , y f' / James PomTtiy t' Page 5 To: City of Plymouth From: Graham Smith Subject: Common berm/drainage with 4290 Weston This letter is to serve notice to the city that Jim Pomroy and I are in agreement on the integration of the berm/fence on the Vicksburg side of our properties. We agree that he will run the berm as indicated by the survey through the low spot of my existing fence adjacent to his property. The appropriate drainage will be installed for proper Northfork drainage as engineered and indicated on the survey, and we will allocate any costs between us as we deem appropriate. I agree to follow the city requirements and support the plan as proposed by Jim to the city, and further agree that I will not hold the city liable for any potential costs or other actions related to this integration. Sincerely, Graham Smitl 4300 Weston Page 6 ENCROACHMENT AGREEMENT for Retaining. Wall AGREEMENT made this day of April 2410, by and between .the City of Plymouth, a Minnesota municipal corporation ("Gity"}, and Pomroy Limited Partnership, a limited partnership under the laws of Minnesota., ("Owner'). Recitals A, Poriifoy Limited Partnership owns real property in the City of Plymouth, Corunty of Hennepin, State of Minnesota legally described as Lot 1, Block 1, Four Points of Plymouth subject property"), 13. The City owns a drainage, and utility easement over pari of the subject .property. C. Owner is: proposing that: a boulder retaining wall with :landscaping be constructed within the Cityrs drainage'anld utility casement. NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed,by the parties as follows: 1 Encroachment Authorization. The City Hereby approves the encroachment on its easement for the proposed boulder retaining wall, 2. Aceess for Maintenance — Retaining Wall. .At all. reasonable times; the City shall have access to the subject property for the purpose of maintaining and repairing the drainage and utility easement. In the event it becomes necessary for the .boulder retaining wall to be removed to allow for maintenance and repairs, such removal and subsequent replacement shall be at the sale expense of the Owner. C:=i)mneiusmrdMtingrlpommtflLocal.Sdtiugs:l'cmporary[utasrctFilcs.t]1 K19$.Encr3gtmi_Pvinruy_ 2'...lUdvC Page 7 3. Access for Maintenance - Landscaping.. At all reasonable times, the City shall have access to. the subject property for the: purpose of maintaining and repairing the drainage and utility easement: In the event it becomes necessary for Iandscaping to be removed: to allow for maintenance and repairs, such removal and subsequent replacement shall be at the sole expense of the Owner. 4. Hold Harmless and Indemnity: In consideration of being allowed to encroach on the City's drainage and utility easement, Owner, its successors and assigns, shill indemnify and hold the City harmless from any damage caused to the subject property, including the- boulder heboulderretainingwallandlandscaping. on the subject.property; caused in whole dr in part by the encroachment onto the City's, drainage and utility easement. The owner may be required to remove. a. portion or all of the boulder retaining wall and a portion of all landscaping, if it. is deemed necessary by the City in ardor to exercise the purpose afthe existing drainage and utility easement. 4. RECORDING. This Agreement shall be recorded against the 'title to the subject property. 0 Doeumeuts aeil 5sicinyssl nsidJ'=tncAi Seltmf sT€mporuiy laaemet FiEw£7iJC19}S'FmrAg mt P.,.Y.4 2? MAP, Page 8 a 0 CITY .OF PLYMOUTH Kelli Slavik, Mayor Laurie Ahrens, City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN POMROY LIMITED PARTNERSHIP Pjani-VIVVI3y: - wines E- Pomroy, partner By: Lori, C. Pomroy, partner By:. drol, E. Pomroy, parme. The foregoing inst ent was executed and acicnowledged before mc- on this day v€ 7 20107 by Kelli Slavik.and Laurie Ahrens. Mayor and City Manager, respectively of the pity 6 Plymouth, Minnesota municipali oil, f corporati MA 6 H7AJ RAU E NHO RST NOTARY P7UBL'C MjNN S0TA Mycomm:isionE.qires I. 31, 2815 Notary Public STATE OF MINNESOTA ). ss COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of A'41, 2010, by: James E.. Pornroy, partner; Lori C. Po fm Carol Ew, Pomroy, April, mr9y, ,partner; 10 4, t....e artnership. U 'HORSTENPUBLICPUBL TA P ! ion exp1res MARSHA J. RALIENHORST NOTARY PUBLIC L MINNESOTA my co Mmiss Expires. nArt, jifloav 3f, v lidf Notary Publir, THts iNsTRPMrNtPgAi rEi) h* City of Plymouth 400 Plyinouth alvd. Plymouth, M14 55441 C-,Mmin ws and Scfiing Mpoxvwsa VL6cM 9,iftOcmporary kiww Fiks OLKI 98SnqAgrmt,Pommy X9.27, KL40c Page 9 ENCROACHMENT AGREEMENT for Retaining Wall AGREEMENT made this eday of April, 2010, by and between the City of Plymouth, a Minnesota municipal corporation ("City"), and Graham B. Smith and Carol J. Smith, married as joint tenants, ("Owners"). Recitals A. Graham B. Smith and Carol J. Smith, married as joint tenants own real property in the City of Plymouth, County of Hennepin, State of Minnesota legally described as Lot 2, Block 3, Northfork, according to the recorded plat on file. ("subject property") B. The City owns a drainage and utility easement over part of the subject property. C. Owner is proposing that a boulder retaining wall be constructed within the City's drainage and utility easement. NOW THEREFORE, in consideration of the mutual covenants herein contained, it is agreed by the parties as follows: 1. Encroachment Authorization. The City hereby approves the encroachment on its drainage and utility easement for the proposed boulder retaining wall. 2. Access for Maintenance. At all reasonable times, the City shall have access to the subject property for the purpose of maintaining and repairing the drainage and utility easement. In the event it becomes necessary for a portion or all of the boulder retaining wall to be removed to allow for maintenance and repairs, such removal and subsequent replacement shall be at the sole expense of the Owner. Ci\Doct ents and Settings\lpomro I\Local Settings\Temporary Internet Fiies\OLK198\EncrAgrmt Smith_4_?7_ 10.doc Page 10 3. Hold Harmless and Indemnity. In consideration of being allowed to encroach on the City's drainage and utility easement, Owner, its successors and assigns, shall indemnify and hold the City harmless from any damage caused to the subject property, including the boulder retaining wall on the subject property, caused in whole or in part by the encroachment onto the City's drainage and utility easement. The owner may be required to remove a portion or all of the boulder retaining wall if it is deemed necessary by the City in order to exercise the purpose of the existing drainage and utility easement. 4. RECORDING. This Agreement shall be recorded against the title to the subject property. CADocaments and Settings\lpomro l \Local Settings;TemporaryInternet Files\OLK 198iEncrAgrmt_Sm ith 4_27_ 10.doc Page 11 M. , CITY OF PLYMOUTH Kelli Slavik, Mayor Laurie Ahrens, City Manager STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) GRAHAM. & O J. f t By: dr-eiam B. Smith By: Carol J..1 mith The foregoing instrument was executed and acknowledged before me on this day of 2010, by Kelli Slavik and Laurie Ahrens, Mayor and City Manager, respectively, of the City of Plymouth, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this L Vfi day of April 2010, by: Graham B. Smith and Carol J. Smith, married as joint tenants, a Nfry'P&Iic THIS INSTRUMENT DRAFTED BY MARLON :ASHANKS Cit of PI mouthNotarublicyyMinota My ComExpires Jan 32014 C %Documents and Settings\Ipomro I\Local Settings\Temporary Internet Files\OLK198 EncrAgrmt_Smith 4_?7 10.doc Page 12 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE ENCROACHMENT AGREEMENTS FOR RETAINING WALL WITHIN LOT 1, BLOCK 1, FOUR POINTS OF PLYMOUTH AT 4290 WESTON LANE AND LOT 2, BLOCK 3, NORTHFORK AT 4300 WESTON LANE WHEREAS, Pomroy Limited Partnership has requested the approval for an encroachment agreement to allow for retaining wall within a public drainage and utility easement located at 4290 Weston Lane and 4300 Weston Lane; and WHEREAS, the encroachment agreements only permit the encroachment of the proposed retaining wall along with landscaping amenities within the public drainage and utility easement and all related facilities must still meet all applicable City codes; and WHEREAS, the properties are legally described as Lot 1, Block 1, Four Points of Plymouth Lot 2, Block 3, Northfork. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Mayor and City Manager are hereby authorized to sign, on behalf of the City of Plymouth these encroachment agreements that will allow the retaining wall to occupy a public drainage and utility easement. APPROVED THIS 27TH DAY OF APRIL, 2010 P:\Organization\Council\Council StaffReports\2010\042710\z 608 1 4290Weston_EncAgrmt_4_27_10.doc Page 13 rp)City of Plymouth dddfng Quality to Life REGULAR COUNCIL MEETING April 27, 2010 Agenda 6.09Number: To: Laurie Ahrens, City Manager Prepared by: Sarah Hellekson, Transit / Solid Waste Manager Reviewed by: Doran Cote, Director of Public Works Item: Approve First Amendment to Grant Agreement SG -2009-006 Between the Metropolitan Council and Plymouth Metrolink 1. GRANT REQUESTED: Make a motion to adopt the attached resolution approving the First Amendment to Grant Agreement SG -2009-006 between the Metropolitan Council and Plymouth Metrolink. 2. BACKGROUND: The scope and some of the line items in the project budget need to be modified with no impact on the approved amount. The primary changes are a reduction in costs for the improvements of the Park and Ride Lots at Nathan Lane (Cub Foods) and Olive Lane and the inclusion of improvements to Station 73. The City of Plymouth as Plymouth Metrolink initially entered into an agreement with the Metropolitan Council on January 1, 2008 to December 31, 2010 for repairs to park and ride lots and facilities. All agreements and amendments are written by the Metropolitan Council staff. Some of the line items have been completed. The scope was amended and some line items were expanded to fulfill the entire amount of the grant with Metropolitan Council staff's approval. 3. BUDGET IMPACT: No budget impact. The entire amount of the project is reimbursed under the agreement. 4. ATTACHMENTS: First Amendment to Grant Agreement SG2009-006 between the Metropolitan Council and Plymouth Metrolink Transit Capital Financial Assistance Grant Agreement SG2009-006 between Metropolitan Council and Plymouth Metrolink Resolution Page 1 Contract No. SG -2009-006 FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND PLYMOUTH METROLINK The Metropolitan Council (the "Council") and Plymouth Metrolink (the "Grantee") agree that Council Contract No. SG -2009-006 shall be amended in the following particulars: 1. Exhibit A. The parties agree that Exhibit A shall be replaced with the attached Exhibit A to revise the Workscope and Approved Budget. 2. Ratification. The remaining provisions of the above -referenced agreement shall remain in full force and effect without change except as amended above. IN WITNESS WHEREOF, the parties have caused this amendment to be executed by their duly authorized representatives. This amendment is effective upon final execution by both parties. METROPOLITAN COUNCIL, Approved as to form: A public corporation and political subdivision of the State of Minnesota Office of General Counsel By: Its: Regional Administrator Date: PLYMOUTH METROLINK By: Its: Date: Page 2 Metropolitan Council The Nathan Latae Park & Ride at 45th and Nathan Lane in Plymouth replaces the park &,:ride at Four Seasons: The bus shelter needs to be moved from Vicksburg and ald Rockford Road. I fighting needs to be installed for the bus shelter and parking lot. The parking lot has a ground: water seepage from below ground level to the parking lot which causes ice problems from late fall until spring when there is no more freezing weather. The. parking area needs tobe resurfaced and striped. Sidewalks need to. be installed on. broth sides of 45th avenue and around the bus shelter Arid to the parking lot. The clectrical needs to be run to the bus shelter and the poles for the lighting. Cross walk needs striping and signage_ The Olive Lanee-park end ride also needs lighting and a crosswalk thatmill be striped and signage. Station 73 requires renovation and replacetneni of major structural and mechanical .components, striping, and structural restoration of the loading platform. The Reserve entails the lifting of a column, platform and repaving restoration for the Safety of the.;passengers... S.ecurity.system will be replaced as itis unreliable. Grant Memo Scope and Budget Amendment #1 Agreement SG -2009-006 2/16/2010 Page 3 irq P "' x •-• `a` *''tr P-" t ii c.,,y..CTC c.., .,-rtF yr 4 s_"-,'' .= ,s if u3t-M.,..I..w, mm.e.+,. -•.,,, ,,,tea -, .. § ..,„-". Page 4 TRANSIT CAPITAL FINANCIAL ASSISTAiNCE GRANT Grantee: Plymouth Nletrolink SG -2009-006 Address: 3400 Plymouth Blvd. Plymouth, yIN 55447 Grant Project: Facilities repairs at several park and rides in the Plymouth service area. See attached Exhibit A for the detailed Work Scope and Budget. Maximum Grant Amount: $300,000.00 Council Proceeds: $300,000.00 Council Action: July 8, 2009 Effective Date: Final execution by both parties. Project Activity Period: January 1, 2008 through December 31, 2010, Grant Administrator: Cole Hiniker AGREEMENT THIS AGREEMENT is made and entered into by and between by and between the Metropolitan Council ("Council") and Plymouth Metrolink ("Grantee") each acting by and through their duly authorized officers. RECITALS: 1. The Council is authorized by Minnesota Statutes, section 473.39, to issue bonds to provide funds to implement the Council's transit capital improvement program ("Transit CIP") 2. The Transit CIP provides for funding of capital projects such as vehicle acquisition or refurbishment, public transit and support facilities, computer/communication equipment acquisition, transit equipment acquisition, and demonstration projects to assist in providing safe and convenient access to transit services. 3. The Council is authorized by Minnesota Statutes, section 473.375, subdivision 13, to provide financial assistance to providers of public transit in the metropolitan area. 4. The Grantee is an eligible recipient for transit capital financial assistance and has applied to the Council for a transit capital grant. 5. The Council has determined that the Grantee's proposed project is consistent with the Council's Transit CIP and has approved awarding the Grantee with this transit capital financial assistance grant. NOW, THEREFORE, the Council and the Grantee agree as follows: I. GRANT PROJECT; APPROVED BUDGET AND TVIATERIAL REPRESENTATIONS 1.01 Grant Project. The Grantee agrees to perform and complete in a satisfactory and proper manner the Grant Project specified on Exhibit A in accordance with the terms and conditions of this Agreement. The Grant Project details the activities to be completed by the Grantee and a proposed Page 5 schedule for the completion of the Grant Project. All Grant Project activities must be consistent with the approved scope of work and the approved budget detailed below. Any proposed change in the scope of work must be submitted to the Council's Grant Administrator for written approval. A change in the scope of work is not effective until the Grantee receives written approval from the Council's Grant Administrator. 1.02 Approved Budget. The Grantee agrees to complete the Grant Project in accordance with the approved budget specified on Exhibit A. The Approved Budget details the cost associated with each scope of work activity. Any requests for re -budgeting of project funds among the existing Approved Budget lines of the scope of work are allowable without prior approval if the amount of project funds to be transferred is ten percent (10%) or less than the Approved Budget. This Agreement must be amended for re -budgeting in excess of ten percent (10%) of the Approved Budget. 1.03 Use of Contractors. The Grantee may engage contractors to perform Grant Project activities. However, the Grantee retains primary responsibility to the Council for performance of the Grant Project and the use of such contractors does not relieve the Grantee from any of its obligations under this agreement. If the Grantee engages any contractors to perform any part of the Grant Project activities, the Grantee agrees that the contract for such services shall include provisions that will require the contractor to: a. maintain all records and provide all reporting as required by this agreement; b. defend, indemnify, and save harmless the Council from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable; c. provide and maintain insurance in amounts and types of coverage appropriate to the contracted work and naming the Council as an additional insured, and provide to the Grantee prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage; d. be an independent contractor for the purposes of completing the contracted work; and e. acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between the Council and the contractor. 1.04 Material Representations. The Grantee agrees that all representations contained in its application for grant assistance are material representations of fact upon which the Council relied in awarding this grant and are incorporated by reference into this agreement. II. AUTHORIZED USE OF GRANT FUNDS 2.01 Authorized Uses. The Grantee is authorized to use the grant awarded under this agreement only for costs directly incurred for the Grant Project activities specified in paragraph 1.01 and only during the Grant Project Activity Period specified in paragraph 6.01. No other use of grant funds is permitted. 2.02 Compliance With Bond Proceed Laws. The Grantee agrees to comply with the provisions of all applicable state and federal taws, rules, and regulations pertaining to the use of bond proceeds. This grant is financed with bonds issued in accordance with federal arbitrage restrictions. The Grantee will not use the grant funds in any way which would cause the bonds to be classified as Arbitrage Bonds" under the Internal Revenue Code. The Grantee will not take any action that would adversely affect the exemption from federal income taxation of the bonds or omit to take any action necessary to maintain such tax exempt status. III. MAXIMUM GRANT AMOUNT AND DISTRIBUTION Page 6 3.01 Maximum Grant Amount. The Council agrees to make available to the Grantee a grant of up to $300,000.00 ("Maximum Grant Amount") for the Grant Project. In no event will the Council's obligation under this agreement exceed the Maximum Grant Amount. The Council shall bear no responsibility for cost overruns that may be incurred by the Grantee in performance of the Grant Project. 3.02 Distribution of Grant Funds. Grant funds will be distributed by the Council as follows: a. All payments to the Grantee shall be made on a reimbursement basis only. b. To obtain reimbursement under this agreement, the Grantee must submit a Grantee Invoice using the form attached hereto as Exhibit B. c. Each reimbursement request must also include a description of the activities undertaken in connection with the Grant Project and an itemization of expenditures for which reimbursement is requested that identifies the corresponding grant activity line. Each request must also include supporting documentation for all non -reoccurring expenditures. The Grantee must also submit any additional information or documentation requested by the Council to justify and support the Grantee's reimbursement request. d. Upon review and approval of the Grantee's Invoice, the Council will distribute to the Grantee the approved reimbursement request amount. The Council may deny part or all of any reimbursement request if it believes that it is not warranted or justified. e. No reimbursement payment will be made which would cause distribution of grant funds to exceed, cumulatively through such payment, the Maximum Grant Amount. f. Distribution of any funds or approval of any report is not to be construed as a Council waiver of any Grantee noncompliance with this agreement. 3.03 Repayment of Unauthorized Use of Grant Funds. Upon a finding by the Council that the Grantee has made an unauthorized or undocumented use of grant funds, and upon a demand for repayment issued by the Council, the Grantee agrees to promptly repay such amounts to the Council. 3.04 Reversion of Unexpended Grant Funds. All funds granted by the Council under this agreement that have not been expended for Grant Project activities taking place during the Grant Term shall revert to and become part of the Council's transit capital fund and may be reallocated or expended by the Council for other transit capital projects. IV. ACCOUNTING AND RECORDKEEPING REQUIREMENTS 4.01 Documentation of Grant Project Costs. All costs charged to the Grant Project must be supported by proper documentation, including properly executed invoices, contracts, receipts for expenses, or vouchers, evidencing in detail the nature and propriety of the charges. 4.02 Establishment and Maintenance of Grant Project Information. The Grantee agrees to establish and maintain accurate, detailed, and complete separate books, accounts, financial records, documentation, and other evidence relating to: i) Grantee's performance under this agreement, and ii) the receipt and expenditure of all grant funds under this agreement. These documents shall include the property records required by article VIII of this agreement. The Grantee shall establish and maintain all such information in accordance with generally accepted accounting principles and practices and shall retain intact all Grant Project information until the latest of: a. complete performance of this agreement; or b. six (6) years following the term of this agreement; or c. if any litigation, claim, or audit is commenced during either such period, when all such litigation, claims or audits have been resolved. Page 7 If the Grantee engages any contractors to perform any part of the Grant Project activities, the Grantee agrees that the contract for such services shall include provisions requiring the contractor to establish and maintain Grant Project information in accordance with the provisions of this paragraph and to allow audit of such information in accordance with paragraph 4.03. 4.03 Audit. The accounts and records of the Grantee relating to the Grant Project shall be audited in the same manner as all other accounts and records of the Grantee are audited. During the time of maintenance of information under paragraph 4.02, authorized representatives of the Council, and the Legislative Auditor and/or State Auditor in accordance with Minnesota Statutes, section 16C.05, subdivision 5, will have access to all such books, records, documents, accounting practices and procedures, and other information for the purpose of inspection, audit, and copying during normal business hours. The Grantee will provide proper facilities for such access and inspection. V. MONITORING AND CONSULTATION REQUIREMENTS; FINAL REPORT 5.01 Final Report. Upon completion of the Grant Project and prior to the end of the Grant Term, the Grantee must submit a final report for Council review and approval describing the activities and expenditures for the Grant Project and containing a final accounting of grant expenditures. The final report must include an inventory of Grant Project property acquired. 5.02 Monitoring Activities. To assist the Council in monitoring compliance with this agreement, the Grantee agrees to attend Grantee meetings as requested by the Council and to permit site visits by Council staff, during business hours, upon reasonable notice. The Grantee agrees to submit to the Council a copy of any promotional information regarding the Grant Project disseminated by the Grantee during the term of this agreement. 5.03 Changed Conditions. The Grantee agrees to notify the Council immediately of any change in conditions, law, ordinance, or regulation, or any other event that may affect the Grantee's ability to perform the Grant Project in accordance with the terms of this agreement. 5.04 Consultation. The Grantee agrees specifically to review and solicit recommendations and advice from the Council's staff at the earliest possible time if and when the Grantee expects that the following will or may occur: a. the costs for any portion of the Grant Project will be higher than the Grantee's projected costs for that portion of the Grant Project, or b. the total cost of the Grant Project will exceed the Maximum Grant Amount. If the Grantee, for any reason, determines that the Grant Project or any portion of it should not be undertaken, or that there should be a change in the scope or costs of the Grant Project or any portion of it, the Grantee shall submit to the Grant Administrator a statement describing the situation and giving the reasons for the Grantee's determination. The Grantee may, simultaneously with the submission of the statement or within a reasonable time thereafter, recommend for Council approval alternative projects, activities, uses, expenditures, or allocations of grant funds. VI. GRANT PROJECT ACTIVITY PERIOD; TERM; TERNIINATION 6.01 Grant Project Activity Period. The Grantee agrees to complete all Grant Project activities during the period from January 1. 2008 through December 31. 2010 ("Project Activity Period"). Grant funds may not be used by Grantee to reimburse costs for any Grant Project activities taking place before the beginning or after the end of the Project Activity Period. 4 Page 8 6.02 Term. The term of this agreement shall extend from the effective date of this agreement to a date sixty (60) calendar days following the end of the Project Activity Period, to permit closeout of this agreement. 6.03 Termination by Council for Convenience. The Council may terminate this agreement, for just cause, as determined by the Council in its commercially reasonably judgment, by providing Grantee written notice of such termination at least thirty (30) calendar days prior to the effective date of such termination. Upon such termination Grantee shall be entitled to compensation for Grant Project activities in accordance with this agreement which were incurred prior to the effective date of the termination, but not exceeding the Maximum Grant Amount. 6.04 Termination by Council for Noncompliance. If the Council finds that there has been a failure to comply with the provisions of this agreement, the Council may terminate the agreement at any time following seven (7) calendar days written notice to the Grantee and upon failure of the Grantee to cure the noncompliance within the seven-day period. Noncompliance includes failure to make reasonable progress toward completion of the Grant Project. At the Council's option, the Council may cease payment of invoices during any period in which the Grantee is not in compliance with this agreement. If the Council finds that the Grantee's noncompliance is willful and unreasonable, the Council may terminate or rescind this agreement and require the Grantee to repay the grant funds in full or in a portion determined by the Council. Nothing herein shall be construed so as to limit the Council's legal remedies to recover grant funds. 6.05 Effect of Grant Project Closeout or Termination. The Grantee agrees that Grant Project closeout or termination of this agreement does not invalidate continuing obligations imposed on the Grantee by this agreement. Grant Project closeout or termination of this agreement does not alter the Council's authority to disallow costs and recover funds on the basis of a later audit or other review, and does not alter the Grantee's obligation to return any funds due to the Council as a result of later refunds, corrections, or other transactions. VII. CONTACT PERSONS; GRANT ADMINISTRATOR 7.01 Contact Persons. The authorized contact persons for receipt of notices, reports, invoices, and approvals under this agreement are the following: COUNCIL: Cole Hiniker Metropolitan Council 390 Robert Street North Saint Paul, MN 55101-1805 651-602-1748 (voice) 651-602-1739 (fax) GRANTEE: Sarah Hellekson Plymouth Metrolink 3400 Plymouth, MN 55447 763)509-5052 or such other person as may be designated in writing for itself by either party. 7.02 Council's Grant Administrator. The Council's Grant Administrator for purposes of administration of this agreement is the contact person listed for the Council in paragraph 7.0 1, or such other person as may be designated in writing by the Council's Regional Administrator. However, nothing in this agreement will be deemed to authorize the Grant Administrator to execute amendments to this agreement on behalf of the Council. VIII. GENERAL CONDITIONS Page 9 8.01 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes shall be effective only upon the execution of written amendments signed by authorized officers of the parties to this agreement. 8.02 Assignment Prohibited. Except as provided in paragraph 1.02, the Grantee shall not assign, contract out, sublet, subgrant, or transfer any Grant Project activities without receiving the express written consent of the Council. The Council may condition such consent on compliance by the Grantee with terms and conditions specified by the Council. 8.03 Indemnification. The Grantee assumes Liability for and agrees to defend, indemnify and hold harmless the Council, its members, officers, employees and agents, from and against all losses, damages, expenses, liability, claims, suits, or demands including, without limitation, attorney's fees, arising out of, resulting from, or relating to the performance of the Grant Project by Grantee or Grantee's employees, agents, or subcontractors. 8.04 Grant Project Data. The Grantee agrees that the results of the Grant Project, the reports submitted, and any new information or technology that is developed with the assistance of this grant is in the public domain and may not be copyrighted or patented by Grantee. The Grantee shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, in administering data under this agreement. Grantee's duty to indemnify and hold harmless the Council is subject to the limitations, immunities and defense in Minnesota Statutes Chapter 466. 8.05 Nondiscrimination. The parties agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Grantee agrees not to discriminate against any employee, applicant for employment, or participant in this Grant Project because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local civil rights commission, disability, sexual orientation, or age; and further agrees to take action to ensure that applicants and employees are treated equally with respect to all aspects of employment, including selection for training, rates of pay, and other forms of compensation. In undertaking the Grant Project activities, the Grantee agrees to comply with Minnesota Statutes, section 363.03, subdivision 4, regarding non-discrimination in the provision of public services. 8.06 Acknowledgment. The Grantee shall appropriately acknowledge the grant assistance made by the Council under this agreement in any promotional materials, reports, and publications relating to the Grant Project. 8.07 Compliance with Law; Obtaining Permits, Licenses, and Authorizations. The Grantee agrees to conduct the Grant Project in compliance with all applicable provisions of federal, state, and local laws, ordinances, or regulations. The Grantee is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the Grant Project. 8.08 Workers Compensation; Tax Withholding. The Grantee represents that it is compliance with the workers compensation coverage requirements of Minnesota Statutes, section 176.181, subdivision 2, and that it, and any of its contractors or material suppliers, if any, under this contract, are in compliance with the tax withholding on wages requirements of Minnesota Statutes, section 290.92. 8.09 Construction. This agreement is intended to assist in implementing the Council's Transit CIP and Transportation Policy Plan/Development Guide Chapter and shall be interpreted consistently with those documents. 8.10 Jurisdiction, Venue, and Applicable Law. Venue for all legal proceedings arising out of this agreement, or breach of this agreement, shall be in the state or federal court with competent Page 10 jurisdiction in Ramsey County, Minnesota. All matters relating to the performance of this agreement shall be controlled by and determined in accordance with the taws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officers on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. PLYMOUTH 1IETROLINK Date By JWkAU Name Ih, Slay1 * Title METRO OLITAN OUNCM Date , By LCL' gional Administrator Approved as to form: 4 Metropolitan Council Office of General Counsel Page 11 LIST OF EXHIBITS Exhibit Description A Grant Project B Invoice Page 12 EXHIBIT A GRANT PROTECT Page 13 Metropolitan Council Project Title Agency Name Project Manager Grant Start Date Grant_ End Date Total Grant Request Plymouth Park & Ride Repairs Plymouth Metrolink Sarah Hellekson 1/ 1/2008 12/31/2010 y 300,000.00 ; W ' fk Si ' esCrap[IOR E_ gl Q r • 4 z ' 3 Flid- The Nathan Lane Park & Ride at 45th and Nathan Lane in Plymouth replaces the park & ride at Four Seasons. The bus shelter needsto be moved from Vicksburg and Old Rockford Road. Lighting needs to 3 be installed for the bus shelter and parking lot. The parking lot has a ground water seepage from below ground level to the parking lot which causes ice problems from late fall until spring when there is no more freezing weather. The parking area needs to be resurfaced and striped. Sidewalks need to be installed on ' both sides of 45th avenue and around the bus shelter and to the parking lot. The electrical needs to be run to .a the bus shelter and the poles for the lighting. Crass walk needs striping and signage. The Olive Lane park 1 and ride also needs lighting and a crosswalk that will be striped and signage. Station 73 needs paver. sidewalk repair and striping of the entrance to Station 73. 1 1fiQJ1r')QCSCS1j1titWIF O PUCPOSCd " i S c;t w t M ;, ` c K+rit rr rost estimtit arrtc>s o aatnt Ja1t Cost L+M d nf ` a. S L install Electrical 30,000.00 Concrete Sidewalk 2,000.00 Repave parking lot and striping install and move bus shelter 10,000.00 Drainage issue for parking lot 75,000.00 Lighting 15,000.00: Station 73 sidewalk and striping 45,000.00+ Olive Lane lighting and striping 15,000.00' Grand Total $ 300,000.00 2009 Mar Plymouth Park and Ride Repairs 4/10 2009 Page -14 EXHIBET B LNi VOCE H Page 15 Metropolitan Council 390 Robert St North St. Paul, MN 55101 Grantee/Subrecipient Invoice Remit to: Address: Federal Grant* Met Council Agreement* Project Period: Is this the FINAL Invoice? Yes No Invoice * Dates Covered by Invoice: Contact: Contact Phone Number: attach itemized detail and copies of supporting documentation for all non-recurring expenditures Income Sources Approved Budget Income Income Recognized this Period* Income Recognized to Date* Unrecognized Income INCOME federaC aitt Re Tonalbonds; 'ocal€natdit etc Total Income Approved Budget Expense Category— Approved Budget Amount Expenses Incurred this Period Expenses Incurred to Date Balance Remainin EXPENSE (F at Grant Budget) Total Expenditures Amount of Reimbursement Requested (total expense less match) Certification: I certify the expenditures reflected in this invoice are true and correct and have been made for the purpose of and in accordance with applicable terms and conditions of the award. I have examined the expenditures reflected on this bill and determined that each reflects a reasonable price based on market prices offered by the vendors to the general public. Appropriate documentation to support these authorized expenditures is on file and available for review. These expenditures are not reimbursable from other sources and have not been previously claimed. Authorized Signature: Date: Income recognized is not meant to include the current request. It should reflect income RECEIVED from previous requests. Copies of invoices for all non-recurring expenses should be included as attachments to.this invoice. Page 1 Page 16 CITY OF PLYMOUTH RESOLUTION No. 2010- A RESOLUTION APPROVING FIRST AMENDMENT TO GRANT AGREEMENT SG2009-006 BETWEEN THE METROPOLITAN COUNCIL AND PLYMOUTH METROLINK WHEREAS, the City of Plymouth as Plymouth Metrolink provides transit services pursuant to Minnesota Statutes Section 473.388; and WHEREAS, the Plymouth Metrolink receives operating and capital assistance through the Metropolitan Council for transit services; and WHEREAS, Plymouth Metrolink will receive reimbursements from Metropolitan Council not to exceed $300,000 per the First Amendment to Grant Agreement SG2009-006 between Metropolitan Council and Plymouth Metrolink. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, That the City hereby authorizes the Mayor and City Manager to amend the current Transit Capital Financial Assistance Grant Agreement SG2009-006 between the Metropolitan Council and Plymouth Metrolink as set forth in the First Amendment to Grant Agreement SG2009-006. Approved this 27th day of April, 2010. Page 17 rp) City of Agenda 6.10 .1OPlymouthNumber: Sommer__- Adding Quality to Life REGULAR COUNCIL MEETING To: Laurie Ahrens, City Manager Prepared by: Marie Darling, Senior Planner April 27, 2010 Reviewed by: Item: 1. ACTION REQUESTED: Barbara Senness, Planning Manager and Steve Juetten, Community Development Director Prohibit Access to Vicksburg Lane for property located at 15820 9th Avenue North (201003 1) Move to adopt the attached resolution prohibiting access to Vicksburg Lane for Charles and Wendy Murphy for property located at 15820 9th Avenue North. The request requires a 4/7 vote of the City Council. 2. BACKGROUND: The applicants have requested that access to Vicksburg Lane from their property be denied so that they can install a six-foot fence up to their property line. Section 21130.01 of the zoning ordinance allows six-foot fences up to the property line in yards that qualify as equivalent side and rear yards. Equivalent side and rear yards are those yards up against arterial and collector streets where no access would be permitted. The comprehensive plan identifies the subject segment of Vicksburg Lane as a major collector roadway. The subdivision (Vicksburg Forest First Addition) was approved prior to modern record keeping and staff cannot verify whether the City Council denied access to Vicksburg Lane. However, since there are several properties in the area with driveway access it is unlikely access was denied. The council has denied access for corner properties under similar circumstances to allow fences within front yards. This request also affords the city the opportunity to deny driveway access to Vicksburg Lane in close proximity of the Luce Line trail. Consequently, staff recommends approval of the request to formally deny access to Vicksburg Lane from 15820 9th Avenue North. 3. BUDGET IMPACT: NA 4. ATTACHMENTS: Location Map Aerial Photo Applicants' Narrative and Graphics. Resolution denying access to Vicksburg Lane Page 1 I I .... I .............. Location Map- 2070037 Charles and Wendy Murphy 75820 9th Avenue North r1RD Of Plymouth, Minnesota 100 50 0 9th Avenue Legend C, Camercial CC, City Center CO, Commercial Office IP, Planned Industrial LA -1, Living Area 1 0 LA -2, Living Area 2 0 LA -3, Living Area 3 LAS, Living Area 4 LA -R1 LA -R2 LA -R3 0 LA -RT P -I, Public!Semi-Pubticllnstitulional Rural -lo -Urban Transition Zone 100 200 300 Feet 70 .. iw.48 101f Charles and Wendy Murphy 15820 9' Avenue North Plymouth, MN 55447 763 404 1714 wmariemurphy@gmail.com April 8, 2010 Ms. Barbara Senness Zoning Administration _ City of Plymouth 3400 Plymouth Blvd. Plymouth, MN 55447-1482 Dear Ms. Senness, We are hoping to put a fence in our back yard, and have just learned from the company that we need permission for access to be denied to Vicksburg Lane in order to put it along the property line. It would be a six foot fence, and if you need more specifics, such as photos and plans, we would be happy to bring them in. We are hoping to install it in the first part of May, so please let us know if there is anything we can do to expedite your permissions process. Thanks so much! Charles and Wendy Murphy Page 4 City of Plymouth: Printer Friendly page 2 nf3 http://www.r,i.plymouflLnnus/govem.web/DEFAtJLT.ASP?GovSld. AEjL%S;JIdf.' 140LA W' -I y c /24 7 r° S u c Uj L7 e Yy 1 AEjL%S;JIdf.' 140LA W' -I y c /24 7 S u c o II 6.A:01 0 A umil curb r/} 9TH.- AVENUE NORTH C,EI,I L L}I:SC li1f+E It}N Add Lot 1 , Lilock 1., VIC-K' rPURG CORES')' l'TRST ADDI'1'IUN, according to the „/,n re:ce_rc+ d= Platth[`Clof.r Ilinncpiit County, Minnesot i. _ 1A GENERAL NOTES ( 1t/ a, 3 o benotes iron monument Proposed top of foundation elevation = Alll ' gnoiet cress tousled in conerete Proposed.bosemen! floor e;evation = } A r 934J ornot@s eXisftng sed! 4tevolion Proposed garpge floor elevation 1 9 9 Denotes proposed spot elevation SpA Denotes 4urfoce drainage BENCHMARK,. Dashed confoui Imes dowel p.ropaiii'd fedturee L;- lidlid cohtour lines denotes existing features SCALE to Uvni g- r rtw A W a. wRTA I hNOby C r7r1y root rm>r survey, Pti1n or repo! _ bid - Mwr vvpLe- i f Pagg/50lQ 2:18 PM CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION APPROVING A REQUEST TO DENY ACCESS TO VICKSBURG LANE FOR CHARLES MURPHY AND WENDY MURPHY FOR PROPERTY LOCATED AT 15820 9TH AVENUE 2010031) WHEREAS, Charles and Wendy Murphy have requested that access to Vicksburg Lane be denied for their property located at 15820 9 Avenue and more specifically described as: Lot 1, Block 1, Vicksburg Forest First Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, the property is located at the intersection of 9th Avenue and Vicksburg Lane and the property has access to 9th Avenue; WHEREAS, the Vicksburg Forest First Addition was approved in 1965 and the City has no record if access to Vicksburg Lane was denied; WHEREAS, Vicksburg Lane is a major collector and such accesses are discouraged by the Comprehensive Plan and the City Code; WHEREAS, the City has fence setbacks that are greater if access to Vicksburg Lane is permitted and the applicant would like to construct a six-foot fence up to the right-of-way for Vicksburg Lane. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny private driveway access to Vicksburg Lane from 15820 91h Avenue. Approved this 27TH day of April, 2010. Page 6 Resolution 2010- 2010031) 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 April 27, 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 7 rp) City of Plymouth Adding quality to Life REGULAR COUNCIL MEETING April 27, 2010 Agenda 6.11Number: To: Laurie Ahrens, City Manager Prepared by: Joshua Doty, Senior Planner Reviewed by: Barbara Senness, Planning Manager and Steve Juetten, Community Development Director Rezoning and PUD general plan to allow the daycare as a Item: principal use for property located at 13905 County Road 6 2010024) 1. ACTION REQUESTED: Move to adopt the attached resolution approving a rezoning from I-2 (general industrial) to PUD planned unit development) and a PUD general plan to allow the existing daycare as a principal use for property located at 13905 County Road 6, as recommended by the Planning Commission. Approval requires a 4/7 vote of the City Council. 2. BACKGROUND: On April 21, 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 the city would have greater flexibility under the PUD zoning if the use changed in the future. Staff responded that the city's flexibility with the PUD zoning would be very similar to the flexibility with the I-2 zoning district. A copy of the Planning Commission meeting minutes and report is attached. Notice of the Planning Commission's public hearing was published in the city's official newspaper and mailed to all property owners within 750 feet of the site. Development signage remains on the site. 3. BUDGET IMPACT: Not Applicable. 4. ATTACHMENTS: Planning Commission Minutes Planning Commission Report with Attachments Ordinance Approving the Rezoning Resolution Approving Findings of Fact for the Rezoning Resolution Approving the PUD General Plan P:\CornnDev\STAFFREP\CC\2010\2010024 Carlson Daycare RZ PUDGP.docx Page 1 Draft Minutes City of Plymouth Planning Commission Meeting April 21, 2010 MEMBERS PRESENT: Chair James Davis, Commissioners NathanR inson, Erik Aamoth, Scott Nelson, Dick Kobussen and Marc Anderson MEMBERS ABSENT: Commissioner Gordon Petrash STAFF PRESENT: Planning Manager Barbara Senness enior Planner Shawn Drill, Senior Planner Joshua Doty, Water Resources Engineer Derck Che and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF A NDA MOTION by Conn ' sioner Nelson, seconded by Commissioner Kobussen, to approve the April 21, 2010 am ded Pla Lr ing Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONKENT AGENDA A. /APPROVAL OF THE MARCH 17, 2010 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Robinson, seconded by Commissioner Kobussen, to approve the March 17, 2010 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CARLSON REAL ESTATE COMPANY (2010024) Chair Davis introduced the request by Carlson Real Estate Company for a rezoning and PUD general plan for the existing daycare located at 13905 County Road 6. Senior Planner Doty gave an overview of the staff report. Planning Commissioner Kobussen said when this property was divided a variance was approved to allow public access. He asked if there would be any problems with that variance when selling to another user. Page 2 Draft Planning Commission Minutes April 21, 2010 Page 2 Senior Planner Doty said there is no issue with the variance, as the access is with a private easement to the property and would remain in force. Chair Davis introduced the applicant, Debra Altschuler, 301 Carlson Parkway. Ms. Altschuler said Senior Planner Doty accurately summed up the situation. She said there is some dispute with the prospective purchaser regarding whether or not the use is non -conforming. Consequently the purchaser does not want to proceed with out the rezoning. Chair Davis opened and closed the public hearing as there was no one present to speak on the item. Planning Commissioner Nelson asked if the city would have more flexibility if the use ever changed if the property is rezoned to PUD. Senior Planner Doty said the PUD zoning would be consistcnt with the I-2 zoning on this property. Planning Manager Senness added any I-2 conditional use would require a PUD amendment which would allow a little more flexibility than the I-2 zoning. MOTION by Commissioner Anderson, seconded by Commissioner Nelson, to approve the request by Carlson Real Estate Company for a rezoning and PUD general plan for the existing daycare located at 13905 County Road 6. Roll Call Vote. 6 Ayes. MOTION approved unanimously. Page 3 Agenda Number File 2010024 ! • PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission , FROM: Joshua Doty, Senior Planner (509-5453) through Barbara Sennes Planning Manager MEETING DATE: April 21, 2010 APPLICANT: Carlson Real Estate Company PROPOSAL: Rezoning and PUD general plan for an existing daycare LOCATION: 13905 County Road 6 GUIDING: I -P (Planned Industrial) ZONING: I-2 (General Industrial) REVIEW DEADLINE: July 21, 2010 DESCRIPTION OF REQUEST: The applicant is requesting the following to allow the existing daycare as a principal use for property located at 13905 County Road 6- 1) Approval of a rezoning for the roughly 1.7 -acre property from 1-2 (General Industrial) to PUD (planned unit development) and, 2) A PUD general plan. The applicant, Carlson Real Estate Company is the owner of the subject daycare property and the adjacent Carlson Marketing Group (CMG) property to the east. They are presently under contract to sell the daycare property. However, the perspective buyer does not want to purchase Page 4 File 2010024 Page 2 the property with the present status of the daycare being legally non -conforming. The 1-2 district allows a daycare that is accessory to a principal use but does not allow a daycare as a principal use. In 1997, the City Council approved a conditional use permit to allow two principal buildings on one lot. The CUP allowed the construction of the daycare on the CMG property. In 2002, the City Council approved a lot division and variances to divide the daycare from the CMG property. With this action, the city inadvertently created a legally non -conforming use. The non- conforming uses section of the zoning ordinance allows the daycare use to be continued with no further action from the city. However, given that perspective owner does not wish to purchase the property with a non-confoilning principal use, the applicant is requesting to rezone the daycare property to PUD to allow a daycare as a principal use. No building or site changes are proposed with this application. Notice of this public hearing was published in the city's official newspaper. Mailed notice was sent out to all property owners located within 750 feet of the site. A copy of the notification area map is attached. Development signage was placed on the property. CONTEXT: Surrounding Land Use and Zoning Natural Characteristics of Site This site is located in the Bassett Creek drainage district. No portion of the property is within a Shoreland or Floodplain Overlay District. There is a large medium quality wetland basin in the southwest portion of the site. Level of Cijy Discretion in Decision -Makin The city has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the city's comprehensive plan. If the proposed zoning is not consistent with the comprehensive plan, the city must deny the rezoning application. The zoning ordinance and map are the enforcement tools used to implement the goals and standards set by the comprehensive plan. Page 5 Adjacent Land Use Guiding Zoning North CMG & commercial use (across County Road 6) IP C I-2 C-4 East CMG IP I-2 South Northern States Power sub. station IP I-2 West Vacant city property (Across 1-494) P -I P-1 Natural Characteristics of Site This site is located in the Bassett Creek drainage district. No portion of the property is within a Shoreland or Floodplain Overlay District. There is a large medium quality wetland basin in the southwest portion of the site. Level of Cijy Discretion in Decision -Makin The city has a relatively high level of discretion in approving or denying a rezoning application. The proposed zoning for a property must be consistent with the city's comprehensive plan. If the proposed zoning is not consistent with the comprehensive plan, the city must deny the rezoning application. The zoning ordinance and map are the enforcement tools used to implement the goals and standards set by the comprehensive plan. Page 5 File 2010024 Page 3 The city has a relatively high level of discretion in approving a PUD general plan. A PUD must be consistent with the city's comprehensive plan. The city may impose reasonable conditions on a PUD not otherwise required that the city deems necessary to protect and promote the general health, safety and welfare of the community. ANALYSIS: Rezoninp, The property is currently zoned I-2, which allows a daycare as an accessory use but not as a principal use. Therefore, the use is currently legally non -conforming. When reviewing requests to rezone property, the city must analyze and consider the request based on the following factors: R The proposed action must be considered in relation to, and found to be consistent with, the city's comprehensive plan, including public facilities and capital improvement plans. The proposed action must meet the purpose and intent of the individual district. iff There is adequate infrastructure available to serve the proposed action. There is an adequate buffer or transition provided between potentially incompatible districts. Comprehensive Plan: The comprehensive plan designates the property IP (Planned Industrial). Chapter 462.357, Subd. 2 of State Statutes requires that the zoning map for each city be consistent with its adopted land use guide plan. The IP guiding is designed to provide a wide range of industrial uses as well as compatible and supportable office and business uses. In this particular instance, the dayeare use is consistent with this purpose as a compatible business use. Intent of the Proposed District The purpose of the PUD zoning district is to provide a comprehensive procedure to allow greater flexibility than would be possible under a conventional zoning district. For this applicant, the PUD would allow a dayeare as a principal use, which would not be permitted in the I-2 district. Infrastructure Streets/ltoads: Access to the property is from County Road 6 through an existing private access easement across the adjacent CMG industrial property. Staff is not aware of any access issues with the existing daycare. No street or road improvements are necessary, as the dayeare is an existing use that has been in operation since 1999. The City Council approved a variance in 2002 with the lot division to allow the creation of the daycare property with no direct access to a public street. Sewer/Water: This property is served by existing sewer and water mains. Page 6 File 2010024 Page 4 Transitions There no uses surrounding the daycare that are incompatible. The site was developed in 1999 to be part of the CMG property. PUD General Plan The attached PUD ordinance allows a daycare as a principal use plus all the permitted, accessory, and interim uses allowed in the I-2 district as permitted uses. Staff has proposed not to include the conditional uses as they may be inappropriate for the site. Should a future property owner wish to add a use listed as conditional in the I-2 district (i.e. automobile repair, towing yard, commercial indoor recreation, dog overnight boarding, sports and fitness clubs) they could apply for a PUD amendment. Although requests for a CUP and an amendment to a PUD have a similar public review process, the city has a greater level of discretion with a PUD amendment. No site review is required at this time since the applicant is not suggesting any construction as part of this application. FIN DINGSICONCLUSIONS: Staff supports the rezoning and PUD general plan subject to the following findings and conclusions. The daycare use is an existing legally non -conforming use in the I-2 zoning district. Based on State Statute, this use may continue indefinitely. Additionally, the property owners may sell the property to another similar user who may also continue to use the property in the same way, without any discretionary review by the city. By rezoning the property to PUD, the non -conforming status of the daycare use would be removed for the property owner. The owner would also have flexibility to expand the use in the future with City Council approval of an amendment to the PUD. RECOMMEDATION: Community Development Department staff recommends approval of the following items, subject to the conditions and findings listed therein: a) An ordinance approving a rezoning of the 4.15 -acre property from FRD to PUD; b) A resolution approving the findings of fact for the rezoning; and c) A resolution approving the PUD general plan. Page 7 File 2010024 Page 5 ATTACHMENTS: 1. Draft Ordinance Approving the Rezoning 2. Draft Resolution Approving Findings of Fact for the Rezoning 3. Draft Resolution Approving the PUD General Plan 4. Applicant's Narrative 5. Excerpt from the Comprehensive Plan 6. Location Map 7. Notification Area Map Aerial Photo 9. Site Graphics Page 8 Planning and Zoning Application Form Page 4 BRIEF DESCRIPTION OF REQUEST: The purpose of this application is to re -zone the property bearing address 13905 County Road 6, Plymouth, MN, PIN# 27-118-22-33-0007 (the "Da care Parcel") from its current I-2 zoning classification to a Planned Unit Development (PUD) classification in order to allow its current use as a daycare facility to be legally conforming as a principal use. The Fee Owner is also the fee owner of the adjacent parcel 1405 Xenium Lane, Plymouth, MN (PIN# 27-118-22-34-0009) (the "CMG Parcel"), The Daycare Parcel and CMG Parcel were originally one undivided tax lot and legally described as Lot 1 Block 1, Minneapolis Industrial Park 6U' Addition. Pursuant to City of Plymouth Resolution 97-671 (a copy of which is attached as Exhibit "I" ), Fee Owner was granted a Conditional Use Permit to allow a daycare to be erected on Lot 1, Block 1. Consistent with I-2 zoning requirements, this daycare was an ancillary use by nature of being the second structure on the property and ancillary to the CMG Building (a 2 story office -warehouse building). In 2002, pursuant to City of Plymouth Resolution 2002-199, the City approved a lot division and variance to create separate parcels for the CMG building (located on the CMG Parcel) and the Carlson Daycare Building (located on the Daycare Parcel) see Exhibit "2"). Fee Owner is now under contract to sell the Daycare Parcel but the prospective purchaser asserts that when the lot division was granted the City in 2002, the City inadvertently caused the Daycare Building to fall out of zoning compliance because the conditional use permit was not carried over to the Daycare Parcel, and further the I-2 zoning ordinance allow a daycare as a principal use (the ancillary use no longer applies since each subdivided portion of the original property only contains one structure). As such, in order to accomplish the sale of the Daycare Parcel, Fee Owner seeks a re -zoning of the Daycare Parcel from I-2 to a PUD zoning classification which will allow the daycare building to be in compliance with the zoning code as a principal use. This proposed re -zoning application is consistent with the specific policies and provisions of the Plymouth Comprehensive Plan, including the public facilities and capital improvement plans. The proposed action also meets the purpose and intent of the ordinance. Adequate infrastructure already exists and serves the Daycare building. Forms: appform.docx Page 9 Commercialll ndestrial Types of Development: • Wholesale and retail trade establish\ fits for large volume or bulk commercial i ms (such as lumber yards or motor vehicles office showrooms and small busine es that have both commercial and industrial aracteristics Development Location . Near arterial access ints feria: . In transition area eveen commercial and industrial area K CITY CENTER (CC) The intent of the City ter (CC) clas i ication is to provide a framework for development of a vital cent aime t: serving the entire community; attracting residents for a variety of civic turas, entertainment, retail and recreation activities; and providing a strong se of Iden for Plymouth. This is a unique classification intended to provide for t larined, unified PVPtopment it the Cityj ('an ar area. Guiding principle design guidelines, streets pe elements and public space design guidelines (w ich can be found in Appendix 3E) ill be used to implement, reinforce and stren en the identity of this area. iidelines and Criteria Minimum Area: None City Utilities: Required in all areas Corresponding Zoning Districts: CC -P (City Center -Public) CC-R&E (City Center -Retail and Entertain\ CC-OT&R (City Center-Office/Technical and Retail) Types of Development: a Integrated retail, office, entertainment, recreation and housing Development Location Criteria: • Unique location in the community as shown on the Land Use Plan L PLANNED INDUSTRIAL (IP) The Planned Industrial (1P) guiding designation allows a variety of uses, including manufacturing, production, processing and storage of materials, goods and products Page 13 of 16 Appendix 3C Plymouth Lancs Use Alan—April 14, 2009 Page 10 In addition, compatible and supportive office and business uses may be allowed in IP areas to provide an integrated and attractive employment center. Guidelines and Criteria Minimum Area: 5 acres City Utilities: Required in all areas Corresponding Zoning Districts: • I-1 (Light Industrial District) 1-2 (General Industrial District) I-3 (Heavy Industrial District) Other zoning districts as may be appropriate Types of Development: a Manufacturing, production, processing, cleaning, storage, servicing, repair or testing of materials, goods or products Warehousing, wholesale showrooms and distribution centers Offices related to the above uses and Iimited retail, rental or service activities Development Location Criteria: + Areas wid-1 access to pzittcipal arterials, related service drives or minor arterials Sites that are appropriate and reasonably adaptable to industrial site development without substantial earthwork or removal of natural stands of trees Near other intensive land uses (high density residential development, service business and limited business) Uses generating large amounts of truck traffic, such as distribution centers and truck terminals, located away from residential areas Heavy manufacturing uses in areas isolated from commercial or residential uses to minimize adverse external impacts Related Facilities: • Areas served by railroad Near transit Near supportive facilities (e.g., restaurants) that will provide convenience to employees M PUBLIC/SEMI-PUBLIC/INSTITUTIONAL (P-1) The Pufil' Lmi- Pucblzic/Institutional (P -I) guiding designation allows a variety of uses includ4&-,-and open space, private recreation facilities and_p bti-2 buildings. Page 13 of 16 Aupondf- 3C Plymoutli Land Use Plan — April 14, 2009 Location Map - 2010024 Legend al Carlson Real Estate Company ® C. , City Center ® CC, City Center 13905 County Road 6 ® CO, Commercial Office Request for RZ to PUD for Daycare Use ® IP, Planned Industrial LA-1, Living Area 1 0 LA-2, Living Area 2 LA-3, Living Area 3 LA-4, Living Area 4 LA-R1 LA-R2 City Of ® LA-133 Plymouth, Minnesota LA-RT P-I, Puhlic!Semi-PufJlicAnstituiional 500 250 0 500 1,000 1,500 8el 2 Hennepin County Mailing Label Map Provided By: Taxpayer Services Department 4 li=1i i 1z" I i.+1 1'g1 I I 1 111 :3'1 ' : Pal - 2$11B 27,118-22- 2 ___... CO P.n tic, d a 16 tt 1 , li { I 95Th AVE t4 f f14 I 27-1111- 2-33 r 01 1291 1 147 H XW EN E jW? f=*! 13:1 1 I ...... ON j ItlIA1 61 34.11 -22-22 j a 1 pal 1,. i x•11 63Ec'91 iEai.i M IIi611 For more information contact: Print Date: 3/16/2010 Hennepin County GIS Division 300 South 6th Street Map Scale: I" =319' Minneapolis, MN 55487 gis. i nfoQco, hennepin. mn. us Buffer Size 750 feet Map Comments: j r Type Comments Here - i2j 1 27-'l 18 31 1991 t2oi , i" - cwt•.¢ _ .: , 1 Map Legend: Pant Parcel Buffer Region Selected Parcels II Z Y l7.1 Major Roads Minor Roads II r-aatr s s-- Wd EPIN KIari i M Page 13 4i j r i" - cwt•.¢ _ .: , 1 Map Legend: Pant Parcel Buffer Region Selected Parcels II Z Y l7.1 Major Roads Minor Roads II r-aatr s s-- Wd EPIN KIari i M Page 13 rp)city of Aerial Photograph - 2410424 Plymouth, Minnesota 250 125 0 250 boo 750 Feet # a 14 r lFD 0 r oa- n 0n0 N r0oi-- c14N L N a0 ! r' r i t + 1 LOCATION/AREA MAP 1 INCH = 200 FEET I 4 CO. RD. NO. 6 E. o PID:IX2711822 40 9 Owner: PLYMO T I POND // [ oda e / I t 4/ 5 II GREEN SPACE AREA PID: 2711822330006 Owner: NSP PROPERTY O O o PARKING LOT ARE4 RP CENTER DE LLC Z 1 Engineering • Surveying r;'1 Landscape Architecture 1 0 HANSEN THORP PELLINEN OLSON, Inc. 7510 Market Place Drive • Eden Prairie, MN 55344 952-829-0700 - 952-829-7806 fax Page 15 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2010 - AN ORDINANCE AMENDING CHAPTER 21 (ZONING ORDINANCE) OF THE CITY CODE TO CLASSIFY CERTAIN LAND LOCATED AT 13905 COUNTY ROAD 6 (2010024) THE CITY OF PLYMOUTH ORDAINS: Section 1. Amendment of Cites. Chapter 21 of the City Code of the City of Plymouth, Minnesota, is hereby amended by changing the classification on the City of Plymouth Zoning Map from I-2 (General Industrial) to PUD (Planned Unit Development) for property legally described as follows: That part of Lot 1, Block 1, MINNEAPOLIS INDUSTRIAL PARK 6TH ADDITION, which lies northerly, westerly and southerly of the following described line: Beginning at the most westerly corner of said Lot 1; thence North 06 degrees 08 minutes 12 seconds East along the westerly line of said Lot 1 a distance of 44.73 feet; thence North 11 degrees 50 minutes 52 seconds East, along said westerly line a distance of 192.47 feet; thence North 59 degrees 53 minutes 30 seconds East along said westerly line a distance of 43.30 feet; thence northeasterly along said westerly line a distance of 75.70 feet along a nontangential curve concave to the southeast having a radius of 1357.39 feet, chord bearing of North 23 degrees 14 minutes 21 seconds East and a central angle of 03 degrees 11 minutes 43 seconds to the point of beginning of the line to be described; thence South 57 degrees 58 minutes 03 seconds East a distance of 119.15 feet; thence North 61 degrees 47 minutes 19 seconds East a distance of 124.96 feet; thence North 31 degrees 56 minutes 34 seconds East a distance of 116.48 feet; thence North 20 degrees 28 minutes 59 seconds East a distance of 33.79 feet; thence North 88 degrees 29 minutes 59 seconds East a distance of 103.47 feet; thence North 01 degrees 30 minutes 01 seconds West a distance of 154.32 feet; thence South 88 degrees 29 minutes 59 seconds West a distance of 223.04 feet to the westerly line of said Lot 1 and there said line terminating. Section 2. Amendment of Cites. Chapter 21 of the City Code of the City of Plymouth, Minnesota, adopted December 18, 1996 as amended, is hereby amended to add Section 21655.49 — Carlson Daycare PUD, as follows: Page 16 Ordinance 2010- 2010024 Page 2 21655.49 CARLSON DAYCARE: Subd. 1. Legal Description. This PUD is currently legally described as follows: That part of Lot 1, Block 1, MINNEAPOLIS INDUSTRIAL PARK 6' ADDITION, which lies northerly, westerly and southerly of the following described line: Beginning at the most westerly corner of said Lot 1; thence North 06 degrees 08 minutes 12 seconds East along the westerly line of said Lot 1 a distance of 44.73 feet; thence North 11 degrees 50 minutes 52 seconds East, along said westerly line a distance of 192.47 feet; thence North 59 degrees 53 minutes 30 seconds East along said westerly line a distance of 43.30 feet; thence northeasterly along said westerly line a distance of 75.70 feet along a nontangential curve concave to the southeast having a radius of 1357.39 feet, chord bearing of North 23 degrees 14 minutes 21 seconds East and a central angle of 03 degrees 11 minutes 43 seconds to the point of beginning of the line to be described; thence South 57 degrees 58 minutes 03 seconds East a distance of 119.15 feet; thence North 61 degrees 47 minutes 19 seconds East a distance of 124.96 feet; thence North 31 degrees 56 minutes 34 seconds East a distance of 116.48 feet; thence North 20 degrees 28 minutes 59 seconds East a distance of 33.79 feet; thence North 88 degrees 29 minutes 59 seconds East a distance of 103.47 feet; thence North 01 degrees 30 minutes 01 seconds West a distance of 154.32 feet; thence South 88 degrees 29 minutes 59 seconds West a distance of 223.04 feet to the westerly line of said Lot 1 and there said line terminating. Subd. 2. Incorporated herein by reference are the Carlson Daycare PUD plans received by the City on March 22, 2010, except as may be amended by City Council Resolution 2010- , on file in the Office of the Zoning Administrator under File 2010024. Subd. 3. Allowable Uses. The allowable uses are any permitted, interim or accessory uses allowed in the I-2 district and a daycare as a principal use. All of the uses listed above shall be considered "permitted" in the PUD, provided they comply with all the development standards and conditions approved by City Council Resolution 2010- on file in the Office of the Zoning Administrator under File 2010024. Subd. 4. Development Standards. Development standards shall be as indicated on the PUD general plan approved by City Council Resolution 2010- , on file in the Office of the Zoning Administrator under File 2010024. Section 3. Effective Date. This amendment shall take effect immediately upon its passage. Page 17 Ordinance 2010- 2010024 Page 3 APPROVED THIS 27TH DAY OF APRIL, 2010 ATTEST: Sandra R. Engdahl, City Clerk Kelli Slavik, Mayor Page 18 CITY OF PLYMOUTH RESOLUTION 2010- A RESOLUTION TO APPROVE FINDINGS OF FACT FOR THE REZONING OF LAND LOCATED AT 13905 COUNTY ROAD 6 (2010024) WHEREAS, Carlson Real Estate Company has requested reclassification of the zoning from I-2 to PUD for the roughly 1.7 -acre parcel located at 13905 County Road 6, presently legally described as follows: That part of Lot 1, Block 1, MINNEAPOLIS INDUSTRIAL PARK 6TH ADDITION, which lies northerly, westerly and southerly of the following described line: Beginning at the most westerly corner of said Lot 1; thence North 06 degrees 08 minutes 12 seconds East along the westerly line of said Lot 1 a distance of 44.73 feet; thence North 11 degrees 50 minutes 52 seconds East, along said westerly line a distance of 192.47 feet; thence North 59 degrees 53 minutes 30 seconds East along said westerly line a distance of 43.30 feet; thence northeasterly along said westerly line a distance of 75.70 feet along a nontangential curve concave to the southeast having a radius of 1357.39 feet, chord bearing of North 23 degrees 14 minutes 21 seconds East and a central angle of 03 degrees 11 minutes 43 seconds to the point of beginning of the line to be described; thence South 57 degrees 58 minutes 03 seconds East a distance of 119.15 feet; thence North 61 degrees 47 minutes 19 seconds East a distance of 124.96 feet; thence North 31 degrees 56 minutes 34 seconds East a distance of 116.48 feet; thence North 20 degrees 28 minutes 59 seconds East a distance of 33.79 feet; thence North 88 degrees 29 minutes 59 seconds East a distance of 103.47 feet; thence North 01 degrees 30 minutes 01 seconds West a distance of 154.32 feet; thence South 88 degrees 29 minutes 59 seconds West a distance of 223.04 feet to the westerly line of said Lot 1 and there said line terminating. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval; and WHEREAS, the City Council has adopted an ordinance rezoning the affected parcel from I-2 to PUD. 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 for reclassification of the zoning from 1-2 to PUD for the roughly 1.7 -acre parcel at 13905 County Road 6, based on the following findings: 1. The rezoning is consistent with the industrial land use designation on the comprehensive plan land use guide plan map. Page 19 Resolution 2010- 2010024) Page 2 2. The development would meet the purpose and intent of the PUD zoning district. The PUD would allow a daycare as a principal use, which would not be permitted in the I-2 district. 3. There is adequate infrastructure in place to serve the existing use. APPROVED THIS 27TH DAY OF APRIL, 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 April 27, 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 20 CITY OF PLYMOUTH RESOLUTION N0. 2010 - A RESOLUTION TO APPROVE A PUD GENERAL PLAN FOR CARLSON REAL ESTATE COMPANY FOR THE EXISTING DAYCARE LOCATED AT 13905 COUNTY ROAD 6 (2010024) WHEREAS, Carlson Real Estate Company has requested approval of a PUD general plan for property legally described as follows: That part of Lot 1, Block 1, MINNEAPOLIS INDUSTRIAL PARK 6TH ADDITION, which lies northerly, westerly and southerly of the following described line: Beginning at the most westerly corner of said Lot 1; thence North 06 degrees 08 minutes 12 seconds East along the westerly line of said Lot 1 a distance of 44.73 feet; thence North 11 degrees 50 minutes 52 seconds East, along said westerly line a distance of 192.47 feet; thence North 59 degrees 53 minutes 30 seconds East along said westerly line a distance of 43.30 feet; thence northeasterly along said westerly line a distance of 75.70 feet along a nontangential curve concave to the southeast having a radius of 1357.39 feet, chord bearing of North 23 degrees 14 minutes 21 seconds East and a central angle of 03 degrees I I minutes 43 seconds to the point of beginning of the line to be described; thence South 57 degrees 58 minutes 03 seconds East a distance of 119.15 feet; thence North 61 degrees 47 minutes 19 seconds East a distance of 124.96 feet; thence North 31 degrees 56 minutes 34 seconds East a distance of 116.48 feet; thence North 20 degrees 28 minutes 59 seconds East a distance of 33.79 feet; thence North 88 degrees 29 minutes 59 seconds East a distance of 103.47 feet; thence North 01 degrees 30 minutes 01 seconds West a distance of 154.32 feet; thence South 88 degrees 29 minutes 59 seconds West a distance of 223.04 feet to the westerly line of said Lot 1 and there said line terminating. WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing and recommends approval. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that it should and hereby does approve the request by Carlson Real Estate Company for a PUD general plan, subject to the following conditions: A PUD general plan is approved to allow a daycare as a principal use plus all the permitted, accessory, and interim uses allowed in the I-2 district as permitted uses, according to the application and plans received by the city on May 22, 2010, except as amended by this resolution. 2. Approval of this PUD general plan is contingent upon city approval of the associated rezoning. 3. The PUD general plan is approved based on the finding that the existing use is consistent with the city's comprehensive plan. Page 21 Resolution 2010 - File No. 2010024 Page 2 4. Development standards shall be as indicated on the plans and materials dated May 22, 2010, except as amended by this resolution. 5. As no construction is proposed as part of this PUD general plan, no PUD final plan shall be required. Any subsequent modifications proposed, other than those considered interior finishes or normal repair and maintenance, shall require amendment of the planned unit development general plan. 6. All signs shall conform to Section 21155 of the zoning ordinance. APPROVED THIS 27TH DAY OF APRIL, 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 April 27, 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 22 p))city of Agenda 8 . 1PlymouthNumber: v adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Eric Blank, Director of Parks & Recreation April 27, 2010 Reviewed by: Item: Consider 2010 Trail Improvement Project Dunkirk Lane to Vicksburg Lane 1. ACTION REQUESTED: The City Council should pass the attached resolution authorizing the Director of Parks and Recreation to proceed with construction of a trail from Dunkirk Lane near the Fire Station 3 site to Vicksburg Lane near the Lowe's store site. 2. BACKGROUND: Annually, the City budgets in the Capital Improvement Program money for extending the City's trail system. We typically budget $100,000 for trail extensions. This year, $375,000 was allocated for extending the trail between Dunkirk Lane and Vicksburg Lane. A trail connecting these two north - south roads has been in the City's Comprehensive Park & Trail Plan since 1980. The original plan contemplated that the trail would run parallel to Medina Road. Since the removal of Medina Road from the City's transportation plan, the trail plan has continued to show a trail connecting these two major streets and a southern loop trail that would connect down to Maple Creek Park. In recent years, we have had citizen groups contact us for making improvements to three segments of trails. The first one was the trail built on Bass Lake Road in 2009. The second is along County Road 24 between 32"d Avenue and County Road 101, and the third one is this segment of proposed trail. The segment of trail on County Road 24 is in the county's capital improvement program for 2014 and has funding allocated for that year. In order for the road to be improved, it has to be widened to four lanes all the way out to 101. Thus, if we built a trail now, it would simply be removed in three years and replaced with a new one. We did have a fair amount of public support in 2009 for a trail connection between Dunkirk Lane and Vicksburg Lane. If the Council does not wish to proceed with this trail at this time, they should give direction staff to go back and look at alternatives and have the Park & Recreation Advisory Commission review them and make a recommendation back to the City Council. 3. BUDGET IMPACT: Funding for this project of approximately $375,000 is scheduled to come from park dedication funds. 4. ATTACHMENTS: Map showing proposed trail connection. City Trail Map Resolution Page 1 r .} • — r _„ ._ ..: -.r, v l; --z - a.'__ _ . `ti. - - _?3a .1 p•.. -.V _ „ - ti 1, ..r - ,- s t r•, f.. w .•''?'i^'i=t F" _ - •• --, ``` ...r - - r.1k` - l'y-l^.-. ! r_ -; i! ._ -.-0M1 -8C--C-•. - _ >, ai-:r .. : ,, '-: - f !i !-{ -- -' - •r •y.., ,(,. - L„-a ,i 1._ - $ t, s rf .J [zsk, :l ii a._-- - _- u "s 4 - ` .+• to _ •`+ l `^ d'I.1s:s 7.-','i'"3'_""`,- L kj Aw AM ON* loom y 4,l ' f';'' '` y ` •- • -. _ . '+ass- - v _ eaey l v A - i r _ e .-•.. z rt - t i 4 t• y r r r rt F ,, a.., r , _ - - - .. y.r +ila saR' ."tc/ -. _ _ - ... t .. - # - }' a: i f e p 3 Nwe.'- f jr 41 y : i . ,. w .., ". 4F T.-i - y _ F 4 • w.#f ~ y. __ - avd_- y r• Cl r ' H ` tf-__Y--'%'al^" - , Gw Copyright 02407 Pictornetry International Corp. TV Page 2 FIGURE 7-2 Park & Trail Systems Plan Legend Proposed Neighborhood or Mini Park Location O Trail Connection to Adjacent Community Q Existing Grade -Separated Crossing Proposed Grade -Separated Crossing Proposed Crossing Improvement Proposed At -Grade Railroad Crossing Existing Sidewalks and Trails Proposed Sidewalks and Trails Existing Three Rivers Park District Regional Trail Proposed Three Rivers Park District Regional Trail Future Northwest Greenway Existing On -Road Bike Route Potential Orn Road Bike Route City Limits Q Lakes City Park Community Playfield Undeveloped Community Playfield 0 Possible Playfield Expansion 0 Possible Community Playfield (one site to be considered) Neighborhood Park 0 School School Park Proposed School Park Expansion Special Use Park City -owned Open Space Regional Park Undeveloped Regional Trail Corridor Open Space Gaff Course 0 0.25 0.5 1 1.5 2 Miles THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY. COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIEDAND COMPARED WITH ORINGIAL SOURCE DOCUMENTS. City of Plymouth, Minnesota Dated April 14, 2009 Page 3 CITY OF PLYMOUTH RESOLUTION No. 2010 - APPROVING TRAIL CONSTRUCTION BETWEEN DUNKIRK LANE AND VICKSBURG LANE WHEREAS, the approved Five -Year Capital Improvement Program includes funding for a trail upgrade in 2010; and WHEREAS, the Park and Recreation Advisory Commission has recommended funding for this project; and WHEREAS, the Director of Parks and Recreation is recommending approval of said trail improvement; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the Director of Parks and Recreation is authorized to proceed with construction of a trail segment connecting Dunkirk Lane to Vicksburg Lane and down to Maple Creek Park. APPROVED THIS 27TH DAY OF APRIL, 2010. Page 4 aty of Agenda 9 . 1PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Cal Portner, Administrative Services Director April 27, 2010 Reviewed by: Item: Legislative Update 1. ACTION REQUESTED: No action required. 2. BACKGROUND: Following are highlights of recent legislative actions. New Laws Chapter 249 reduces the interest rate on judgments and awards of more than $50,000 to state and local units of government. At the February 9, 2010, Special Council Meeting, Assessors Update, the city assessor explained a provision that was added to a public safety finance bill last session that provided for a 10% interest rate for judgments and awards against cities of more than $50,000. The high interest rate was an incentive for commercial / industrial property tax appeals. The law change returns the interest rate to 4%. 180 —Day Rule, Building Permits. Section 326B of Minnesota Statutes is amended to allow municipalities to adopt an ordinance requiring work be completed in a specific time period no less than 180 days. This was a council legislative priority. Committee Action HF 3423/SF2339 — Companion bills increasing penalties for possessing guns on school property has passed their respective committees and should soon move to the floor for final approval. Police Chief Goldstein has worked with Sen. Rest and Reps. Peterson and Anderson to gain passage. This bill is also a council legislative priority. HF 3512/SF 3175 — The indoor ice arena air quality bills are still working its way through committee. The Amateur Sports Commission adopted a resolution asking the legislature to not pass the bill until the Dept. of Health adopts new rules for air quality standards. The bill is expected to undergo further changes in committee and there is a chance this bill may die in committee this session. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: MLC Government Affairs Update Penalties for Guns in Schools Page 1 L( MUNICIA4I, LEGISI.ATIC7E COMMISSION MLC Government Affairs Update April 16, 2010 2010 Legislative Session, Week 14 MLC Mayors Meet with Governor Pawlenty The MLC mayors held a 3o -minute meeting with Governor Pawlenty and his staff this past Wednesday to discuss the association's session priorities. The conversation focused on the initiatives MLC was supporting this year (MVHC reform, a fiscal disparities study, and maintaining the circuit breaker), as well as some areas of concern (indoor ice arenas legislation, mandatory paid sick leave, and the line -item veto of transit funding). Governor Pawlenty began the meeting by explaining the state of the short-term budget deficit. Currently, the Legislature is waiting on federal money to help mitigate the remaining cuts they have to make to health & human services and education. The state expects to receive the funds sometime between late April and early May. However, the governor said he wouldn't be opposed to calling a special session if the federal funds aren't released by the time they have to adjourn on May 17. After the budget discussion, the conversation shifted to the MLC's legislative program. On fiscal issues, the mayors stated their support for reforming the MVHC formula to save money and increase transparency, studying the efficacy of the 4o -year-old fiscal disparities program, and continuing to target property tax relief to individuals through the circuit breaker. Governor Pawlenty indicated his strong support for studying fiscal disparities, saying it deserved a "fresh look." He also conceptually agreed with the idea of reforming MVHC, as well as maintaining the current funding level in the circuit breaker program. He added that the circuit breaker was a "great program," and the Voss Database findings further support why it needs to be preserved. On issues of concern for MLC, the governor said he doesn't support the mandatory sick leave legislation, and believes it will not move this session. On the ice arenas bill, he expressed his hope that a reasonable compromise can be reached. Finally, with regards to the few MLC transit projects that were line -item vetoed in the first bonding bill Cedar Ave. BRT, Southwest Corridor, and Woodbury P&R), the governor is asking Rep. Hausman and Sen. Langseth to work on a second bonding bill with his office to address these projects. He added that he likes these three projects in MLC cities. Page 2 At the end of the meeting, Governor Pawlenty added that while hard spending cuts have been avoided thus far, the ruling on the unallotment lawsuit could upset the process. If the MN Supreme Court rules the unallotments to be unconstitutional, this could possibly add another $2.7 billion to the budget gap. The following people were in attendance at Wednesday's meeting: Governor Tim Pawlenty Chris DeLaForest (Governor's Legislative Director) George Tourville, Mayor of Inver Grove Heights Bill Hargis, Mayor of Woodbury Kelli Slavik, Mayor of Plymouth Sandy Martin, Mayor of Shoreview Gene Winstead, Mayor of Bloomington Jim Hovland, Mayor of Edina Phil Young, Mayor of Eden Prairie Tom Poul, Messerli & Kramer Bill Schreiber, Messerli & Kramer Carolyn LaViolette, Messerli & Kramer House Subcommittee Hears Fiscal Disparities Bill Representative Marquart's subcommittee on Property & Local Sales Tax heard H.F. 3638, a bill directing a study of the fiscal disparities program. The bill is sponsored by Rep. Jenifer Loon (Eden Prairie), and Eden Prairie mayor, Phil Young, was present at the hearing to testify in support of the legislation. The fiscal disparities program was instituted in 1971 as a commercial -industrial (C -I) tax base sharing program within the Twin Cities metropolitan area. The program shares 40% of the growth in the C -I property tax base of the seven -county area, and has essentially remained the same since the early los. The MLC has supported evaluating the efficacy of this program considering all of the dramatic changes that occurred within the property tax system over the past 40 years. The bill would direct the Department of Revenue to examine the program and answer the following questions: How has the program affected the variability of property tax rates across the region? To what extent are the benefits of economic growth shared throughout the region, especially for growth that results from state or regional decisions? 2- Page 3 What impact does the program have on the distribution of homestead property tax burdens across jurisdictions of the region? What is the relationship between the impacts of the program and the overburden on jurisdictions containing properties that provide regional benefits, specifically the costs those properties impose on their host jurisdictions in excess of their tax payments? How does the fiscal disparities programs interact with other property tax relief, aid and local development programs? The study would be funded by using a small amount from the fiscal disparities pool 1oo,000, or approximately .03% of the total pool). The MLC agrees using funds from the pool to study the metro -area program would be more appropriate than taking money from the state's general fund. The Property & Local Sales Tax Division laid over H.F. 3638. Bills Signed Into Law The following local government bills have been signed into law: Permitting Firefighter Solicitations — a municipality may adopt a resolution allowing fulltime firefighters while on duty, or volunteer firefighters while off duty to solicit charitable contributions from motorists. A list of conditions must be met in order to be compliant. Expanding Securities Lending Options — this law will allow cities to do business with qualifying financial institutions that have an office located in the state, and can both broker investments and hold them for safekeeping. This expands previous law requiring cities to do business with a Minnesota-based lender (recently limiting lender options to only U.S. Bank). Firefighter Definition Amended — this new law clarifies that a full-time firefighter is charged with the prevention and suppression of fires, and defines a full-time firefighter as someone "directly engaged in the hazards of firefighting or is in charge of a designated fire company" directly engaged in firefighting. The purpose of this law is to clarify a 2009 requirement that full-time firefighters be licensed (thus, fire personnel solely engaged in fire prevention would not have to complete all the training requirements for certification). 3- Page 4 Eminent Domain Awards Interest Rate — for judgments in eminent domain and tax proceedings for or against the state or a political subdivision of the state, regardless of the amount, the interest shall be computed as a simple interest per annum. 4- Page 5 Minnesota House of Representatives Public Information Services Penalties for guns at school Published (3/25/2010) By Mike Cook It used to be that a fistfight would solve problems at school; however, some students now use weapons to settle their differences. Rep. Sandra Peterson (DFL -New Hope) believes judges should have more options in sentencing someone who brings a firearm to a place of learning. She sponsors HF3423 that would increase the penalty from a gross misdemeanor to a felony for knowingly possessing, storing or keeping a firearm on school grounds. It also decreases the penalty for whoever knowingly "uses or brandishes a replica firearm or a BB gun" on school property from a felony to a gross misdemeanor. Approved March 18 by the House Public Safety Policy and Oversight Committee, the bill awaits action by the House Public Safety Finance Division. A companion, SF2339, sponsored by Sen. Ann Rest (DFL -New Hope), awaits action by the full Senate. Plymouth Police Chief Mike Goldstein said when a weapon is brought to school the offense usually results in a school suspension or expulsion and criminal charges. "For those who are convicted of weapons -related offenses on school property, the severity level in this case dealing with firearms is a Level I felony, the lowest felony on the sentencing guidelines chart.... Without a significant criminal history, these criminals face little to no consequences for their actions." He said bringing a weapon into a courthouse or the Capitol is a severity level four. "We would argue that a school environment should receive the same consideration." Rep. Paul Kohls (R -Victoria) called it "a good bill," but is concerned for the student who unintentionally brings a gun to school, such as leaving a rifle in a vehicle after hunting over the weekend. With the word "knowingly" in the bill, Peterson said it implies the student knows what they're doing, and it isn't just an accident. "We're talking here about students who come with the intent — the intent — to do bodily harm. I think those are the ones who we need to look at the sentencing guidelines (for) and give the judge more leeway." Page 6