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City Council Packet 11-28-2023
City Council 1 of 3 November 28, 2023 CITY OF PLYMOUTH AGENDA Regular City Council November 28, 2023, 7:00 PM 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.PLYMOUTH FORUM—Individuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staff or Commission or Committee for future report. 4.PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 4.1 Recognize Chris LaBounty (Michael Thompson) 5.APPROVE AGENDA —Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staff direction only. The Council will not normally take official action on items added to the agenda. 6.CONSENT AGENDA —These items are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and placed elsewhere on the agenda. 6.1 Adopt proposed City Council minutes November 14 Special November 14 Regular 6.2 Approve disbursements Invoice Expense Distribution City Council Resolution 2023-287 6.3 Approving exchange of quit claim deeds for properties located near 17510 Chankahda Trail Location Map 2014 R/W and Easement Acquisition Plan Quit Claim Deed Luedke to Plymouth Quit Claim Deed Plymouth to Luedke 1 City Council 2 of 3 November 28, 2023 City Council Resolution 2023-288 6.4 Approve acquisition of easements for the Plymouth Boulevard Rehabilitation Project (ST240003) Easement Acquisition Areas City Council Resolution 2023-289 6.5 Designate engineer for the Chankahda Trail Reconstruction - Phase 3 Project (ST240002) Location Map Proposal City Council Resolution 2023-290 6.6 Approve variances for a 6-foot fence and paved sport court at 4700 Juneau Lane North (Brad Winger - 2023076) Staff Report Proposed Design Neighbor - Approval Letter Notification Map City Council Resolution 2023-291 6.7 Accept Regional Solicitation grant funds for the Station 73 (TRIP) Transit and Regional Improvement Project (ST230003) Project Layout - ELRT City Council Resolution 2023-292 6.8 Approve application for MnDOT Local Road Improvement Funding for the 36th Avenue Rehabilitation Project (ST250002) Location Map City Council Resolution 2023-293 6.9 Approve joint powers agreement with Bassett Creek Watershed Management Commission for City of Plymouth to provide accounting services Agreement Watershed Map City Council Resolution 2023-294 6.10 Approve application for Minnesota Pollution Control Agency Community Resilience Grant Community Resilience Grant Application Community Resilience Grant Workplan City Council Resolution 2023-295 6.11 Adopt updated polling locations for 2024 elections Polling Location Map City Council Resolution 2023-296 2 City Council 3 of 3 November 28, 2023 7.PUBLIC HEARINGS 7.1 Public Hearing on wine and on-sale 3.2 percent malt liquor license applications of M & W INC d/b/a Kyuramen, 4345 Nathan Lane North, Suite O Location Map Property Owners within 500' Floor Plan City Council Resolution 2023-297 7.2 Public Hearing on wine and on-sale 3.2 percent malt liquor license applications of L & P Enterprises, LLC d/b/a Lucky Street Thai Street Food And Sushi, 1400 County Road 101, Unit I Location Map Property Owners within 500' Floor Plans Resolution (item tabled until December 12) 8.GENERAL BUSINESS 8.1 Approve contract extension for recycling services including addition of curbside organic collection 2019-2024 Republic Recycling Contract Contract Extension City Council Resolution 2023-298 9.REPORTS AND STAFF RECOMMENDATIONS 10.ADJOURNMENT 3 Regular City Council November 28, 2023 Agenda Number:4.1 To:Dave Callister, City Manager Prepared by:Michael Thompson, Public Works Director Reviewed by:Michael Thompson, Public Works Director Item:Recognize Chris LaBounty (Michael Thompson) 1.Action Requested: Recognize Chris LaBounty. 2.Background: Chris is departing the City of Plymouth to be the next Public Works Director for the City of Maple Grove. Chris has been an integral part of the department and city over the past five years as the City Engineer/Deputy Public Works Director. He will be missed. We wish Chris the best with his continued public service endeavors with our neighboring city to the north. 3.Budget Impact: N/A 4.Attachments: 4 Regular City Council November 28, 2023 Agenda Number:6.1 To:Dave Callister, City Manager Prepared by:Amy Gottschalk, Office Support Lead/Deputy City Clerk Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator Item:Adopt proposed City Council minutes 1.Action Requested: Adopt proposed City Council minutes. 2.Background: N/A 3.Budget Impact: N/A 4.Attachments: November 14 Special November 14 Regular 5 Proposed Minutes 1 of 2 Special Meeting of November 14, 2023 Proposed Minutes Special Council Meeting November 14, 2023 Mayor Wosje called a Special Meeting of the Plymouth City Council to order at 5:00 p.m. on November 14, 2023. COUNCIL PRESENT: Mayor Wosje, Councilmembers Pointner, McGregor, Peterson, Gregor and Willis. ABSENT: Councilmember Davis. STAFF PRESENT: City Manager Callister, Public Safety Director Fadden, Administrative Manager Anderson, Fire Chief Coppa, Director of Public Works Thompson, Economic Development Coordinator Parsons, Deputy Public Works Director/City Engineer LaBounty, Community and Economic Development Director Fernelius, Park and Recreation Director Tomlinson, Human Resources Director Timpone, Finance Director Rich, Assistant Finance Director Larson, Accountant Guse, Planning and Development Manager McGuire, Facilities Manager Hanson, Management Intern Nwachi, and Office Support Lead/Deputy City Clerk Gottschalk. 2024-2025 Budget Overview for Internal Service Funds Staff discussed central equipment, facilities, information technology and risk management service funds. Staff also discussed allocations, surplus and provided an update on public safety aid. Council members asked questions and staff provided feedback on the funds. Finance Director Rich discussed the Community Improvement Fund in the City Charter. Council members asked questions and directed staff to move forward with looking into amending the charter. Future Study Sessions The council scheduled the following study session topic and special meeting: 2024 legislative priorities to the November 28 study session agenda. Tour of the North Metro Public Safety Facility (Maple Grove Range) on January 16 from 5-8 p.m. The council made the following changes to the 2024 meeting calendar: Move the February meetings to February 6 and February 20 due to the February 27 Precinct Caucuses. Move the August meetings to August 5 and August 20 due to the State Primary Election and Night to Unite. Adjournment Mayor Wosje adjourned the meeting at 6:45 p.m. 6 Proposed Minutes 2 of 2 Special Meeting of November 14, 2023 Amy Gottschalk, Office Support Lead/Deputy City Clerk 7 Proposed Minutes Page 1 of 3 Regular Meeting of November 14, 2023 Proposed Minutes Regular City Council Meeting November 14, 2023 Mayor Wosje 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 November 14, 2023. COUNCIL PRESENT: Mayor Wosje, Councilmembers Willis, Gregor, Peterson, Pointner, and McGregor (arrived at 8:10 p.m.). COUNCIL ABSENT: Councilmember Davis. STAFF PRESENT: City Manager Callister, Public Safety Director Fadden, Fire Chief Coppa, Director of Public Works Thompson, Community and Economic Development Director Fernelius, Economic Development Coordinator Parsons, Park and Recreation Director Tomlinson, Human Resources Director Timpone, Finance Director Rich, Planning and Development Manager McGuire, Management Intern Nwachi, and Office Support Lead/Deputy City Clerk Gottschalk. Plymouth Forum There were no comments at the forum. Presentations and Public Information Announcements (4.1)Oath of Office for Officers Nathan Olson, Megan Soultz, Elena Daddrio, and recognizing promotions of Sergeant Dave Anderson and Sergeant Mitch Martinson (Deputy City Clerk Amy Gottschalk and Public Safety Director Fadden) Public Safety Director Fadden presented this item. He introduced and provided a brief bio of each new officer and recognized the promotions of two officers to sergeant. Deputy City Clerk/Office Support Lead Gottschalk presented the oath of office to the new officers. Mayor Wosje expressed his appreciation for the city’s police department and their professionalism. (4.2)Proclamation declaring November 25, 2023 as Small Business Saturday Proclamation Community and Economic Development Director Fernelius presented this item and explained the importance of growing small businesses in Plymouth. Economic Development Coordinator Parsons introduced himself and briefly described how he continues to grow the economic development of Plymouth. Mayor Wosje read the proclamation and declared November 25, 2023 as Small Business Saturday in the City of Plymouth. 8 Proposed Minutes Page 2 of 3 Regular Meeting of November 14, 2023 Approval of Agenda Motion was made by Councilmember Willis, and seconded by Councilmember Pointner, to approve the agenda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Peterson, and seconded by Councilmember Willis, to adopt the Consent Agenda that included the following items: (6.1)Council minutes from special meeting and regular meeting of October 24, 2023. (6.2)Resolution approving disbursements ending November 3, 2023 (Res2023-279). (6.3)Resolution accepting a donation of $2,000 from the Plymouth Rotary and $1,000 from the Plymouth Lions (Res2023-280). (6.4)Resolution approving final closeout for the 2020 Street Reconstruction Project (ST209001) (Res2023-281). (6.5)Resolution approving a variance for John K. Green for property located at 1530 Weston Lane (2023067) (Res2023-282). (6.6)Resolution approving the extension of the indoor seating area to the on-sale intoxicating liquor license with Sunday sales of the Fox and Pantry LLC, 15725 37th Avenue North, Unit 7 (Res2023-283). (6.7)Resolution approving final closeout for the Ridgemount Avenue Rehabilitation Project (ST210002) (Res2023-284). (6.8)Resolution approving polling locations for 2024 elections (Res2023-285). (6.9)Resolution awarding contract for the 19th Avenue and Dunkirk Lane Pond Improvement Project (WR190001) (Res2023-286). With all members voting in favor, the motion carried. Public Hearings There were no public hearings scheduled. General Business There was no general business. 9 Proposed Minutes Page 3 of 3 Regular Meeting of November 14, 2023 Reports and Staff Recommendations There were no reports or staff recommendations. Adjournment Mayor Wosje adjourned the regular meeting at 7:23 p.m. and the council went into the city manager’s quarterly update in the Medicine Lake Room, which adjourned at 8:15 p.m. _________________________________________ Amy Gottschalk, Deputy City Clerk/Office Support Lead 10 Regular City Council November 28, 2023 Agenda Number:6.2 To:Dave Callister, City Manager Prepared by:Tammy Geurkink, Finance Clerk Reviewed by:Andrea Rich, Finance Director Item:Approve disbursements 1.Action Requested: Adopt resolution approving disbursements. 2.Background: Attached are lists of city fund disbursements for the period ending 11/17/23. 3.Budget Impact: N/A 4.Attachments: Invoice Expense Distribution City Council Resolution 2023-287 11 Invoice Expense Distribution for Period Ended 11/17/23 Council Meeting 11/28/23 FUND 100 General Fund 295,569.45 200 Recreation Fund 24,968.73 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 4,189.93 234 Economic Development Fund 0.00 240 Lawful Gambling 0.00 250 Comm Dev Block Grant Fund 26,588.49 254 HRA Section 8 Fund 760.00 254 HAP Check Summary 2,581.00 258 HRA General Fund 159.00 308 2005A TIF #1-1 0.00 310 2009A TIF #7-5A Refund 1998A 0.00 312 2010A GO Open Space 0.00 314 2012A GO Refunding 2004A 0.00 315 2015A GO Open Space 4,450.00 316 Plymouth Creek Center Bonds 0.00 400 General Capital Projects Fund 85,597.10 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 366.59 406 Street Reconstruction Fund 0.00 407 Project Administration Fund 0.00 408 Park Construction 0.00 409 Capital Improvement Fund 0.00 412 Water Sewer Replace 0.00 413 Improvement Project Construction 3,308,791.08 417 Project Warranty Repairs 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 0.00 421 ENT-Water Resources Constrctn 0.00 422 TIF 7-4 PTP Construction 0.00 423 TIF 7-5 Rottlund (Const)0.00 424 TIF 7-6 Berkshire 0.00 425 TIF Housing Assistance Program 0.00 426 TIF 7-7 Stonecreek 0.00 427 TIF 1-1 Shops at Plymth Crk 0.00 428 TIF 1-2 Vicksburg Commons 0.00 429 TIF HRA 1-3 Crossroads Station 0.00 432 TIF 7-8 Quest 0.00 433 TIF 7-9 Four Seasons 0.00 434 TIF 7-10 Sands 0.00 435 Plymouth Creek Center Expansion 3,187.50 436 Doran Bassett Creek 0.00 437 CON - Fire Stations 0.00 500 Water Fund 103,900.49 510 Water Resources Fund 39,397.49 520 Sewer Fund 769,697.43 530 Solid Waste Management Fund 91,074.33 540 Ice Center Fund 32,148.50 550 Field House Fund 8,650.11 600 Central Equipment Fund 152,855.07 610 Public Facilities Fund 90,336.27 620 Information Technology Fund 49,496.25 630 Risk Management Fund 11,852.48 640 Employee Benefits Fund 339,719.23 660 Resource Planning 0.00 700 Parkers's Lake Cemetery 0.00 800 Investment Trust Fund 0.00 850 Plymouth Town Square 0.00 851 Vicksburg Crossing 0.00 Total Invoice Expense Distribution:5,446,336.52 12 CITY OF PLYMOUTH RESOLUTION NO. 2023-287 RESOLUTION APPROVING DISBURSEMENTS ENDING NOVEMBER 17, 2023 WHEREAS, a list of disbursements for the period ending November 17, 2023 was presented to the City Council for approval. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the payment of the list of disbursements of the following funds is approved. US Bank – Check Register General & Special Revenue $ 351,316.60 Construction & Debt Service $ 3,402,392.27 Enterprise & Internal Service $ 1,689,127.65 Housing Redevelopment $ 919.00 Check Register Total $ 5,443,755.52 US Bank – Housing Assistance Payments Housing & Redevelopment Authority $ 2,581.00 $ 2,581.00 GRAND TOTAL FOR ALL FUNDS $ 5,446,336.52 Additionally, the US Bank Check Register amounts split by type of payment follow: EFT 36,068.25 Check (#161463-161814) 5,407,687.27 Total $5,443,755.52 APPROVED by the City Council on this 28th day of November, 2023. 13 Regular City Council November 28, 2023 Agenda Number:6.3 To:Dave Callister, City Manager Prepared by:Chris McKenzie, Engineering Services Manager Reviewed by:Michael Thompson, Public Works Director Item:Approving exchange of quit claim deeds for properties located near 17510 Chankahda Trail 1.Action Requested: Adopt attached resolution approving exchange of quit claim deeds to clear title of certain properties within the city. Approval requires a 4/7 vote of the City Council. 2.Background: As part of the sale of the property located at 17510 Chankahda Trail, a discrepancy was discovered in the legal descriptions used during the land acquisition process of the Peony Lane Extension Project 10015. The land acquired (Parcel 32 in the attached right of way and easement acquisition plan from 2014) was from multiple property owners located at the northwest corner of County Road 47 (now Chankahda Trail) and Peony Lane (now Maple Grove Parkway). To correct this error and allow for clean property title, the property owners are providing a quit claim deed to the city and requesting the city provide a quit claim deed to the current property owners clarifying the city has no fee interest in a portion of the land. The City Attorney has reviewed the two deeds and confirmed that through dual execution of the documents the legal descriptions will be corrected, and the city will retain interests in the land it intended to acquire as part of the 2014 project. 3.Budget Impact: N/A 4.Attachments: Location Map 2014 R/W and Easement Acquisition Plan Quit Claim Deed Luedke to Plymouth Quit Claim Deed Plymouth to Luedke City Council Resolution 2023-288 14 THIS REPRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COU NTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND CO MPARED WITH ORINGIAL SOURCE DOCUMENTS. . 0 140 28070Feet Chankahda Trail Maple Grove Parkway 61st Avenue North 5 9 t h P l a c e N o r t h Peony Lane North Kimberly Lane North Location Map17510 Chankahda Trail November 2023 15 WILLIAM A & LYNN M TOMBERS MARY E TITUS F J SLAVIK & L SLAVIK B C STEINKRAUS ET AL VERNON C MAUNU ETAL V F PETERSON/C PETERSON JEREMY R THEISEN 5805 LAWNDALE LA N 5830 LAWNDALE LA N 5930 LAWNDALE LA N 17425 CO RD NO 47 5910 LAWNDALE LA N5860 LAWNDALE LA N 17510 CO RD NO 47 6020 LAWNDALE LA N H O STENDEL & V M STENDEL 2 1 0 + 0 0 BOP Sta = 10+00.00 PI Sta = 10+59.10 P I S t a = 1 2 + 9 4 . 5 5 PI Sta = 13+53.55 11+00 12+00 1 3 + 0 0 1 4 + 0 0 942.22 951.10 550+00 555+00 560+00 REVISIONSNO.DATE BY CHK Plan By: Design By: Checked By: Approved By: DATE:LIC. NO: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER CERTIFIED BY SHEET OF SHEETS D a t e P r i n t e d : W S B F i le n a m e : 9 / 3 0 / 2 0 14 k : \ 0 2 0 8 0 - 0 0 0 \ c a d \ p la n \ 2 0 8 0 r o w 0 6 . d g n DAM 221 WSB & Associates, Inc. Minneapolis, MN 55416 INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION 701 Xenia Avenue South, Suite 300 763-541-4800 - Fax 763-541-1700 www.wsbeng.com 43919 City of Plymouth, Minnesota CITY OF PLYMOUTH, MINNESOTAPeony Lane Extension S.A.P. 155-153-003 / S.A.P. 189-106-010 / C.P. 1318THG2/18/14 BJR/CWK City Project No. 10015LICENSED PROFESSIONAL ENGINEER - TANYA H. GYTRI, PE DS LEGEND PROPERTY LINE TEMPORARY EASEMENT PERMANENT DRAINAGE AND UTILITY EASEMENT PROPOSED R/W EXISTING R/W M A T C H L I N E S T A 5 6 0 + 0 0 MA T C H L I N E S T A 5 4 8 + 0 0 STA 548+00 TO STA 560+00 Peony Lane / Lawndale Lane 0 50 FT 100 FT RIGHT OF WAY PLAN 216 C O U N T Y R O A D 4 7 26 24 27 28 29 30 31 32 215215 215 EXISTING R/W EXISTING R/W EXISTING R/W EXISTING R/W PROPOSED R/W PROPOSED R/WPROPOSED R/W PROPOSED R/W PROPOSED R/W T/E T/E T/E T/E T/E T/E PARCEL NAME OWNERFEE ADDRESSPROPERTY PID R/W REMNANT TE PE FT.SQ. FT.SQ. FT.SQ. FT.SQ. 24 Tombers M Lynn &William N La Lawndale5805 0611822140002 SheetSee 26 Titus EMary N La Lawndale5830 0511822230005 SheetSee 27 Slavik L & SlavikFJ N La Lawndale5860 0511822230004 2112 28 Al Et Steinkraus CB N La Lawndale5910 0511822230003 6000 29 Al Et Maunu CVernon N La Lawndale5930 0511822230002 6000 30 Peterson Peterson/C FV 47 No Rd Co17425 0511822230001 2164 13446 31 Stendel M V & Stendel OH N La Lawndale6020 0511822220005 2186 27986 900 32 Theisen RJeremy 47 No Rd Co17510 0611822110003 18850 36930 16 LEONARD E LUEDKE RANDAL K LUSH & MARY JO LUSHJ M SYMCHYCH & P L FLINTH O STENDEL & V M STENDEL T J & M E WERSINGER 40 ADDRESS UNASSIGNED 6140 LAWNDALE LA N6110 LAWNDALE LA N6020 LAWNDALE LA N 6040 LAWNDALE LA N 17510 CO RD NO 47 JEREMY R THEISEN 560+00 565+00 570+00 REVISIONSNO.DATE BY CHK Plan By: Design By: Checked By: Approved By: DATE:LIC. NO: THE LAWS OF THE STATE OF MINNESOTA. MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED BY OR UNDER CERTIFIED BY SHEET OF SHEETS D a t e P r i n t e d : W S B F i le n a m e : 9 / 3 0 / 2 0 14 k : \ 0 2 0 8 0 - 0 0 0 \ c a d \ p la n \ 2 0 8 0 r o w 0 7 . d g n DAM 221 WSB & Associates, Inc. Minneapolis, MN 55416 INFRASTRUCTURE ENGINEERING PLANNING CONSTRUCTION 701 Xenia Avenue South, Suite 300 763-541-4800 - Fax 763-541-1700 www.wsbeng.com 43919 City of Plymouth, Minnesota CITY OF PLYMOUTH, MINNESOTAPeony Lane Extension S.A.P. 155-153-003 / S.A.P. 189-106-010 / C.P. 1318THG2/18/14 BJR/CWK City Project No. 10015LICENSED PROFESSIONAL ENGINEER - TANYA H. GYTRI, PE DS LEGEND PROPERTY LINE TEMPORARY EASEMENT PERMANENT DRAINAGE AND UTILITY EASEMENT PROPOSED R/W EXISTING R/W M A T C H L I N E S T A 5 6 0 + 0 0 Lawndale Lane 0 50 FT 100 FT RIGHT OF WAY PLAN 217 32 31 33 34 35 36 216 216 M A T C H L I N E S T A 5 7 1 + 0 0 STA 560+00 TO STA 571+00 EXISTING R/W EXISTING R/W EXISTING R/W EXISTING R/W PROPOSED R/W PROPOSED R/W P/E P/E P/E P/E T/E T/E T/E T/E T/E T/E T/E PARCEL NAME OWNERFEE ADDRESSPROPERTY PID R/W REMNANT TE PE FT.SQ. FT.SQ. FT.SQ. FT.SQ. 31 Stendel M V & Stendel OH N La Lawndale6020 0511822220005 SheetSee 32 Theisen RJeremy 47 No Rd Co17510 0611822110003 SheetSee 33 Wersinger E M & JT N La Lawndale6040 0511822220004 10906 34 Flint L P & Symchych MJ N La Lawndale6110 0511822220002 6861 400 35 Lush Jo Mary & Lush KRandal N La Lawndale6140 0511822220001 4350 200 36 Luedke ELeonard Unassigned Address40 0611822110001 55391 34144 48092 17 Page 1 of 3 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Individual(s) to Business Entity Minnesota Uniform Conveyancing Blanks Form 10.3.2 (2018) DEED TAX DUE: $1.70 DATE: _________________________ FOR VALUABLE CONSIDERATION,Leonard E. Luedke and Judy L. Luedke, spouses married to each other, ("Grantor"), hereby conveys and quitclaims to The City of Plymouth, a municipal corporation under the laws of Minnesota ("Grantee"), real property in Hennepin County, Minnesota, legally described as follows: Legal description attached hereto and made a part hereof marked Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) This deed transfers real property in exchange for $3000 or less of consideration. together with all hereditaments and appurtenances belonging thereto. Grantor _________________________________ Leonard E. Luedke State of Minnesota, County of Hennepin This instrument was acknowledged before me on _________________________, by Leonard E. Luedke, married to Judy L. Luedke. (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) 18 Page 2 of 3 Minnesota Uniform Conveyancing Blanks Form 10.3.2 Grantor _________________________________ Judy L. Luedke State of Minnesota, County of Hennepin This instrument was acknowledged before me on _________________________, by Judy L. Luedke, married to Leonard E. Luedke. (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: The Title Team - North Shore Title 394 S Lake Ave, Ste 800 Duluth, MN 55802 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Leonard E. Luedke and Judy L. Luedke 312 West Gate Drive Winsted, MN 55395 19 Page 3 of 3 Minnesota Uniform Conveyancing Blanks Form 10.3.2 EXHIBIT "A" The South 352.62 feet of the East 203.35 feet of the Northeast Quarter of the Northeast Quarter, Section 6, Township 118 North, Range 22, Hennepin County, Minnesota Abstract Property. 20 Page 1 of 3 (Top 3 inches reserved for recording data) QUIT CLAIM DEED Business Entity to Individual(s) Minnesota Uniform Conveyancing Blanks Form 10.3.4 (2016) DEED TAX DUE: $1.70 DATE: _________________________ FOR VALUABLE CONSIDERATION,The City of Plymouth, a municipal corporation under the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to Leonard E. Luedke and Judy L. Luedke ("Grantee") as (Check only one box) tenants in common, joint tenants, (if more than one Grantee is named above and either no box is checked or both boxes are checked, this conveyance is made to the named Grantees as tenants in common.) real property in Hennepin County, Minnesota, legally described as follows: Legal description attached hereto and made a part hereof marked Exhibit "A" Check here if all or part of the described real property is Registered (Torrens) This deed transfers real property in exchange for $3000 or less of consideration. together with all hereditaments and appurtenances belonging thereto. 21 Page 2 of 3 Minnesota Uniform Conveyancing Blanks Form 10.3.4 Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: ). I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. Grantor The City of Plymouth By:_________________________________ Its: By:_________________________________ Its: State of Minnesota, County of Hennepin This instrument was acknowledged before me on _________________________, by __________________ as __________________ and by ____________________ the _________________ of The City of Plymouth, a Minnesota municipal corporation, on behalf of the city. (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: The Title Team - North Shore Title 394 S Lake Ave, Ste 800 Duluth, MN 55802 TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Leonard E. Luedke and Judy L. Luedke 312 West Gate Drive Winsted, MN 55395 22 Page 3 of 3 Minnesota Uniform Conveyancing Blanks Form 10.3.4 EXHIBIT "A" The East 682 feet of the Northeast quarter of the Northeast quarter of Section 6, Township 118 North, Range 22 West of the 5thPrincipal Meridian, EXCEPTING the South 352.62 feet of the East 203.35 feet of said Northeast Quarter of the Northeast Quarter except road. Abstract Property. 23 228441v1 CITY OF PLYMOUTH RESOLUTION NO. 2023-288 RESOLUTION APPROVING EXCHANGE OF QUIT CLAIM DEEDS TO CLEAR TITLE TO CERTAIN PROPERTIES WITHIN THE CITY WHEREAS, Leonard and Judy Luedke (“Luedkes) are the fee owners of property legally described as follows: The East 682 feet of the Northeast quarter of the Northeast quarter of Section 6, Township 118 North, Range 22 West of the 5th Principal Meridian, EXCEPTING 1.24 acres heretofore conveyed to School District No. 120, Hennepin County, Minnesota; situated in the Southeast corner of the Northeast quarter of the Northeast quarter of said Section 6, by deed, in Book 115 of Deeds, on page 217, and by deed from William Dolan and Lydia Dolan, his wife, to School District No. 120, dated November 15, 1933 (“Luedke Parcel”); and WHEREAS, the Luedkes are attempting to sell the Luedke Parcel; WHEREAS, the parcel identified in the exception to the Luedke Parcel legal description has been determined by the title company involved in the Luedke sale transaction to be too vague; WHEREAS, the city previously acquired the exception parcel noted in the legal description of the Luedke Parcel through a prior condemnation action using a corrected legal description as follows: The South 352.62 of the East 203.35 feet of the Northeast Quarter of the Northeast Quarter, Section 6, Township 118 North, Range 22, Hennepin County, Minnesota (“City Parcel”); WHEREAS, the Luedkes and their buyer have requested that the city exchange Quit Claim Deeds with the Luedkes for the other party’s parcel using the corrected legal description for the Luedke Parcel in order to clear title to the Luedke Parcel; WHEREAS, the city agrees to the exchange of Quit Claim Deeds subject to all costs for recording being borne by the Luedkes. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTA: 1. That the city agrees to provide a QuitClaim Deed to the Luedkesfor the Luedke Parcel modified using the correct exception legal descriptionin exchange for a QuitClaim Deed from the Luedkes to the City Parcelsubject to Luedkes paying for all costs necessary to record the Quit Claim Deeds. 2. The Mayor and City Manager are authorized and directed to execute all documents and take all appropriate measures to provide for the exchange and recording of the Quit Claim Deeds. APPROVED by the Plymouth City Council on this 28th day of November, 2023. 24 Resolution 2023-288 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 November 28, 2023, 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 __________________, __________. ____________________________________ Jodi Gallup, City Clerk 25 Regular City Council November 28, 2023 Agenda Number:6.4 To:Dave Callister, City Manager Prepared by:Michael Payne, Assistant City Engineer Reviewed by:Michael Thompson, Public Works Director Item:Approve acquisition of easements for the Plymouth Boulevard Rehabilitation Project (ST240003) 1.Action Requested: Adopt attached resolution authorizing acquisition of easements for the Plymouth Boulevard Rehabilitation Project (ST240003). 2.Background: Permanent and temporary easement acquisitions are necessary to properly reconstruct the Plymouth Boulevard Rehabilitation Project. The attached easement acquisition areas layout highlights both temporary and permanent easement needs over six parcels within the corridor. The project includes rehabilitation of Plymouth Boulevard from Highway 55 to Rockford Road (County Road 9) and will consist of intersection safety improvements including converting all stop intersections to roundabouts) replacement of the existing sidewalk on the east side of the roadway to a multi-use trail, crossing safety improvements, and curb and utility replacement as needed. The project is designed to promote the City Center 2.0 vision and implement elements such as safer crossing, new street lighting, and enhancements at the Hilde Entrance and major intersections. The current project schedule timeline indicates construction to be completed in 2024, with final construction items being completed in 2025. A separate scope for the Plymouth Boulevard Landscaping Project will be provided under a separate contract with anticipated construction in the spring and summer of 2025. 3.Budget Impact: The total project cost outlined in the proposed amended 2023 Capital Improvement Plan (2024-2032) is $12.85 million, which includes easement acquisition. 4.Attachments: Easement Acquisition Areas City Council Resolution 2023-289 26 P A R K I N G P A R K I N G P A R K I N G P A R K I N G N P l y m o u t h B l v d Rockford Road 9 NTYCOU 37th Avenue N 36th Avenue N MINNESOTA 55 34th Avenue N V i c k s b u r g L a n e N 0 100 ft 200 ft City of Plymouth, Minnesota Plymouth Boulevard Improvements November 17, 2023 P A R K I N G P A R K I N G P A R K I N G P A R K I N G Proposed Permanent Easement Proposed Temporary Easement Legend 27 CITY OF PLYMOUTH RESOLUTION NO. 2023-289 RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS FOR THE PLYMOUTH BOULEVARD REHABILITATION PROJECT (ST240003) WHEREAS, the city requires permanent and temporary easements with the Plymouth Boulevard Rehabilitation Project (ST240001); and WHEREAS, easement acquisition areas have been identified in the acquisition exhibit and are needed for construction and restoration of said improvement. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the acquisition of permanent and temporary easements is hereby approved. APPROVED by the City Council on this 28th day of November, 2023. 28 Regular City Council November 28, 2023 Agenda Number:6.5 To:Dave Callister, City Manager Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer Reviewed by:Michael Thompson, Public Works Director Item:Designate engineer for the Chankahda Trail Reconstruction - Phase 3 Project (ST240002) 1.Action Requested: Adopt attached resolutions designating an engineer for the Chankahda Trail Reconstruction - Phase 3 Project (ST240002). 2.Background: The Chankahda Trail (originally County Road 47) roadway corridor improvements were identified by council as its top priority infrastructure project. Phase 1 (County Road 101 to Peony Lane) has been completed and Phase 2 (Peony Lane to Vicksburg Lane) construction is nearing completion. The final phase is planned for 2025 construction and extends from Vicksburg Lane to Northwest Boulevard (County Road 61). Staff recommends designating Kimley-Horn and Associates, Inc. (KHA) as the consulting engineer for Phase 3 final design services. KHA completed the corridor study and was selected through a competitive process for the preliminary engineering and final design and inspection services for Phase 1 and completed Phase 2 services for the city. KHA is well positioned to deliver Phase 3. Staff recommends council consider approving the engineering services agreement which would authorize KHA to provide a turnkey approach in completing Phase 3 all the way through bidding services. KHA will coordinate all Right-of-way acquisition with its subconsultant starting in 2024 similar to the approach used in Phases 1 and 2. The current schedule for the project shows a construction timeline that can be completed in 2025. Staff recommends moving forward with the design and preparation of plans and specifications to prepare for 2025 construction. 3.Budget Impact: The 2023-2032 Capital Improvement Plan identifies Phase 3 completion in 2025 with a total project cost estimated at $13.5 million. The Street Reconstruction fund is proposed in the amount of $1,117,495. However, this amount is eligible for full reimbursement from the $7 million allocation the city received during the 2023 legislative session as part of the bonding bill. 4.Attachments: Location Map Proposal 29 City Council Resolution 2023-290 30 Esri, HERE, Garmin, (c) Ope nStreetMap co ntributors, and the GIS usercommunity THIS R EPR ESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOU RCES THAT HAS NOT BE EN FIELD V ERIFIE D. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGIN AL SOURC E D OCUMENTS . 0 1,500 Feet Chankahda TrailReconstruction ProjectPhase 3 November 2023 Maple Grove Plymouth Chankahda Trail Vicksb urg Lane North Northwest Bo ulevard Co Rd 61 61 31 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 October 27, 2023 Mr. Chris LaBounty, P.E. Deputy Public Works Director/City Engineer City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 RE:Proposal for Final Design Services Chankahda Trail Reconstruction Phase 3 Improvements Dear Mr. LaBounty, Kimley-Horn and Associates, Inc. (“Kimley-Horn”) is pleased to submit this letter proposal (“Proposal”) to the City of Plymouth (“City”) for final design services for the Chankahda Trail Reconstruction Phase 3 Improvements. Our project understanding, scope of services, schedule, and fee are detailed below. PROJECT UNDERSTANDING In 2019, the City of Plymouth partnered with Hennepin County to complete a corridor study of County Road (CR) 47 from CR 101 (Brockton Lane) to CR 61 (Northwest Blvd). This corridor study created a vision for the corridor as the City continued negotiations with Hennepin County to facilitate a turnback of the roadway. In the fall of 2021, the City proceeded with preliminary design of the CR 47 corridor. The corridor study and preliminary design identified the desire to reconstruct the four-mile corridor of CR 47 in three phases. The City and County completed the turnback of the roadway in 2022 and the City renamed the roadway to Chankahda Trail. Phase 1 improvements from CR 101 (Brockton Lane) to Peony Lane were completed in 2022 and Phase 2 improvements from Peony Lane to Vicksburg Lane are expected to be completed in the fall of 2023. The City has secured funding for construction of phase 3 of the Chankahda Trail corridor from Vicksburg Lane to Northwest Boulevard. The City would like to proceed forward with final design of the phase 3 improvements with the anticipation of construction beginning in 2025 with an anticipated completion in 2026. Based on the preliminary design from 2021, we understand the proposed improvements will include the following: · Reconstruction of approximately 10,500 feet of Chankahda Trail. · Trail improvements along both sides of Chankahda Trail. · Enhanced pedestrian crossings at two intersections. · Replacement of the traffic signals at the Cheshire Parkway and Northwest Boulevard intersections. · Drainage and storm sewer improvements including the construction of storm water BMPs to meet the requirements of the City, Elm Creek Watershed Management Commissions, and the MS4 permit. Based on recent conversations with City staff, we understand the project will also include the following improvements and coordination: 32 Page 2 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 · Inclusion of a wider boulevard where additional existing right-of-way is available. · Trail connection to the existing sidewalk at the Lanewood Lane cul de sac. · Trail connection to the Medicine Lake Regional Trail near Cheshire Parkway. · Review the feasibility of routing the trail on the south side of Chankahda Trail across a reconstructed boardwalk on Lake Camelot. · Adjustments to the south trail alignment west of the Yucca Lane intersection. · Addition of a trail and associated infrastructure along the north side of the roadway under the I-494 bridge. · Coordination with the proposed redevelopment of the adjacent Prudential site which may impact the proposed improvements along Chankahda Trail. We have assumed that the project does not include any significant municipal sanitary sewer or water main improvements other than the adjustment of existing facilities. The City has requested that Kimley-Horn provide final design services to allow the project to proceed to construction once funding becomes available. SCOPE OF SERVICES Our proposed scope of services for the project is detailed below based on our understanding of the needs of the City. TASK 1 – PROJECT MANAGEMENT 1.1 Administration Project administration activities will include the following: · Preparation of monthly invoices · Monthly project schedule updates · Communication with the necessary City staff 1.2 General Coordination General coordination of the project will include scheduling the following meetings: · Monthly Project Management Team (PMT) meetings · Agency coordination meetings · Utility coordination meetings 1.3 Quality Assurance and Quality Control Functions (QA/QC) We will provide QC/QA effort for deliverables and functions throughout the project duration to achieve the delivery of quality products within the agreed upon schedule. 1.4 Project Schedule We will provide a schedule for the project and update it on a monthly basis. Task 1 Deliverables: Monthly progress reports; monthly meeting preparation; monthly schedule updates; coordination of activities with stakeholders, submittal of monthly invoices. 33 Page 3 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 TASK 2 – PUBLIC AND AGENCY INVOLVEMENT Successful project delivery requires coordination and support from a variety of stakeholders. Our team will work closely with City staff to provide a seamless interface between the design and the public and agency involvement process. 2.1 PMT Meetings We will schedule and lead monthly Project Management Team (PMT) meetings for the duration of the project. We will collaborate with the City to confirm members, roles, responsibilities, and project objectives. We will prepare agendas and meeting minutes for the monthly PMT meetings. Up to two Kimley-Horn team members will attend each PMT meeting, depending on the items to be discussed. Based on our proposed schedule, we have assumed fourteen (14) PMT meetings. 2.2 Project Mailings Kimley-Horn will provide the City with a draft newsletter for review prior to the virtual public engagement process. After City comments are addressed, we will finalize the newsletter, print and mail the document to property owners. We have assumed the City will provide property owner information for the mailings. We have assumed this task will include printing and mailing of up to 1000 newsletters. 2.3 Public Engagement Similar to the virtual public engagement approach on phase 2 of the Chankahda Trail improvements, Kimley-Horn will prepare a narrated PowerPoint presentation that will be uploaded to the project website which will be hosted on the City’s website. We will also provide layouts, project background, and project schedule information that will be uploaded to the website. 2.4 City Council Meetings Kimley-Horn will provide meeting materials and attend one (1) City Council meeting. 2.5 Utility Coordination Meetings Kimley-Horn will lead up to three (3) utility coordination meetings including preparation of agendas and meeting minutes. Utility companies will be determined in consultation with the PMT and based on Gopher State One Call results. We will provide the utility companies with copies of the plans at the 60 percent, 95 percent and 100 percent levels. 2.6 Agency Coordination Meetings We will coordinate with federal, state, regional, and local agencies as needed to move the project forward. These meetings will be used to coordinate information related to permits, approvals, and other forms of consent beyond the PMT meetings. Kimley-Horn will prepare agendas and meeting minutes and submit copies of the meeting minutes to the City. Our scope of work includes up to six (6) agency coordination meetings that will be attended by up to two Kimley-Horn staff members. Task 2 Deliverables: meeting agendas and minutes; materials for meetings; PowerPoint presentation; project newsletter; utility coordination agendas and minutes. 34 Page 4 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 TASK 3 – BASE MAPPING, BACKGROUND AND GEOTECHNICAL 3.1 Topographic Survey Topographic field survey was completed during the preliminary design phase. We anticipate some additional field survey will be required to inform the final design of the project. These areas may include the following: · Stormwater BMPs · Grading outside the existing right-of-way · Intersection and side street connections Since the anticipated supplemental topographic field survey will be further defined during the final design process, we have included an allocation of up to $15,000 for this task. 2.2 Geotechnical Studies A limited geotechnical exploration program was completed during the preliminary design phase to inform the design and cost estimates. Additional geotechnical exploration and analysis will be performed by Braun Intertec (Braun), as a Kimley-Horn subconsultant, to inform the final design of the proposed improvements. Based on the proposed improvements, Braun has prepared a proposed geotechnical program for the project which will include the following: · 9 roadway borings to a depth of 10 feet · 6 retaining wall borings to a depth of 24.5 feet · 10 stormwater BMP borings to a depth of 14 feet · 2 boardwalk borings to a depth of 50 feet · Traffic control will be provided as required to perform the roadway borings Upon completion of the soil borings, Braun will prepare an engineering report that includes the following: · Introduction outlining the process for selecting boring locations. · Description of drilling, sampling, testing and classification methods. · Map of the locations and coordinates where soil borings and samples were taken. · Results/logs of the soil borings, lab tests, pavement samples, and topsoil samples. · A summary of the subsurface profile and groundwater conditions. · Discussion identifying the subsurface conditions that will impact design and construction. · Discussion regarding the reuse of on-site materials during construction. · Recommendations for preparing structure and pavement subgrades, including soil correction depths (if applicable), and the selection, placement, and compaction of fill. · Recommendations for the design and construction of utilities, retaining walls, boardwalk structure, roadways (including a pavement design), and stormwater treatment features (including an estimated infiltration rate). Task 3 Deliverables: Topographic survey in AutoCAD format; geotechnical engineering analysis and report. 35 Page 5 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 TASK 4 – RIGHT-OF-WAY ACQUISITON 4.1 Parcel Exhibits and Legal Descriptions Kimley-Horn will prepare parcel exhibits and legal descriptions for right-of-way and easements required for the project. We have assumed we will prepare up to 35 parcel exhibits and 70 legal descriptions for temporary and permanent easements. Legal descriptions will be completed by a Kimley-Horn subconsultant, Pioneer Engineering. 4.2 Title Commitments Kimley-Horn will request and coordinate the preparation of title commitments for right-of-way and easement acquisition on up to 35 properties. Pioneer Engineering will provide all title commitments. 4.3 Right-of-Way/Easement Staking Kimley-Horn will coordinate staking proposed right-of-way and easements on up to 35 properties to facilitate the appraisal and right-of-way and easement acquisition process. Pioneer Engineering will provide all right-of-way and easement staking. 4.4 Property Appraisals and Reviews Kimley-Horn will coordinate the preparation of appraisals for right-of-way and easement acquisition on up to 25 properties. All appraisal work will be performed by a Kimley-Horn subconsultant, Henning Professional Services. Due to the nature of some properties having multiple PIDs we believe that we can combine certain PIDs into one report to reduce the total number of properties that need appraisals. 4.5 Right-of-Way Acquisition Services Kimley-Horn will coordinate right-of-way acquisition services on up to 25 properties. All right-of-way acquisition work will be performed by a Kimley-Horn subconsultant, Henning Professional Services. Task 4 Deliverables: Parcel exhibits, legal descriptions, title commitments, appraisals, right-of-way documentation. TASK 5 – FINAL DESIGN 5.1 Construction Plans Kimley-Horn will prepare detailed final design plans. The final design will be completed in accordance with current MnDOT State Aid and City of Plymouth standards. For each plan submittal milestone, we will provide up to 5 hard copy sets of the plans and a digital PDF file to the City and County for review. At each submittal stage, we will address one round of comments prior to the next plan submittal stage. 60% Plan Preparation We will develop plans to 60 percent completion and submit them for review. 95% Plan Preparation 36 Page 6 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 We will develop a 95 percent complete plan set. At this point, the plan set will contain all necessary data for construction less any final agency comments. We will also provide draft specifications as a part of the 95 percent plan submittal. The plans will also be submitted to the MnDOT State Aid office for review and comment. 100% Plan Preparation We will incorporate final agency comments and prepare a final signed original plan set. The final submittal also will include a complete set of specifications, design computations, quantity documentation, a final engineer’s estimate, and the final hydraulics report. Plans also will be provided in Autodesk Civil 3D format. 5.2 Cost Estimates We will prepare cost estimates for each plan submittal. The draft estimates will be submitted to the City for review and any comments will be incorporated into final cost estimates. The cost estimates will be prepared using a MnDOT Statement of Estimated Quantities format and show proposed cost splits. 5.3 Project Manual We will prepare a complete project manual and submit to the City with the 95 percent and 100 percent submittals.We also will prepare the advertisement for bid using the City’s template. 5.4 Permitting We will coordinate with and attend agency meetings as needed to facilitate the permit process. We will prepare an Elm Creek Watershed and Shingle Creek Watershed permit submittal; a Wetland Conversation Act/Section 404 US Army Corps of Engineers permit application; and a DNR Public Waters Work Permit. We will prepare National Pollutant Discharge Elimination System application materials including a SWPPP in conformance with State, City, and watershed requirements. 5.5 Bidding Kimley-Horn will prepare the bidding documents for advertisement and upload them to QuestCDN. Kimley-Horn will be available to answer contractor questions during the bidding process and prepare addenda as necessary. After the bid opening, we will tabulate the bids and provide a bid summary letter to the City. Task 5 Deliverables: 60 percent, 95 percent, and 100 percent (final construction) plans; 60 percent, 95 percent, and 100 percent (final construction) engineer’s estimates; project manual package/proposal; stormwater design data; and permits; addenda, bid tabulation and summary. SERVICES NOT INCLUDED The scope of services included in this Proposal does not include any of the following: l Construction administration and observation services INFORMATION PROVIDED BY THE CLIENT We shall be entitled to rely on the completeness and accuracy of all information provided by the City. We have assumed that the City will provide the following information for our use: 37 Page 7 kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 l As-builts l Engineering standards SCHEDULE We will provide our services as expeditiously as practicable to meet a final agreed upon schedule. A preliminary schedule is attached detailing our approach to allow the project to proceed to construction in 2025. We will review and update the project schedule as a part of the project kick-off meeting and will update it monthly for the duration of the project. FEE AND BILLING Kimley-Horn will provide the scope of services identified in this Proposal on an hourly labor fee plus expense basis. The following is a summary of the estimated fees and expenses for the tasks identified in the scope of services. Estimated Work Task Amount Task 1 – Project Management $ 27,650 Task 2 – Public and Agency Involvement $ 52,600 Task 3 – Base Mapping, Background, and Geotechnical $ 66,825 Task 4 – Right-of-Way Acquisition $ 354,400 Task 5 – Final Design $ 616,020 Total Estimated Cost $1,117,495 A detailed spreadsheet identifying the estimated hours and costs for each task is attached for your information. Labor fee will be billed according to our current standard hourly rate schedule. Fees will be invoiced monthly based on the actual services performed and expenses incurred. If you concur with all the foregoing and wish to direct us to proceed with the services, it is our understanding that the City will prepare an agreement for our review and execution. This Proposal will serve as the scope or services, estimated cost, and schedule to be included in the work order. Fees and times stated in this Proposal are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to work with City of Plymouth on this project. Please contact me if you have questions or you need any additional information. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Chadd B. Larson, P.E. Vice President Attachments: · Detailed Fee Spreadsheet · Project Schedule 38 DETAILED FEE ESTIMATE CHANKAHDA TRAIL RECONSTRUCTION (PHASE 3) CITY OF PLYMOUTH PREPARED BY: KIMLEY-HORN & ASSOCIATES, INC. October 27, 2023 PROJECT/TASK PROFESSIONAL GRADUATE CAD MANAGER ENGINEER PROFESSIONAL TECHNICIAN CLERICAL TASK 1: PROJECT MANAGEMENT 1.1 Administration 28 28 $8,540 56 1.2 General Coordination 28 14 $8,680 42 1.3 Quality Control and Quality Assurance (QC/QA) Functions 28 $6,160 28 1.4 Project Schedule 14 14 $4,270 28 TASK 1 SUBTOTAL 98 14 0 0 42 $0 $27,650 154 TASK 2: PUBLIC AND AGENCY INVOLVEMENT 2.1 Project Management Team (PMT) Meetings (14 Total)56 56 28 $24,780 140 2.2 Project Mailings (1 newsletters)4 12 8 8 $4,600 32 2.3 Public Engagement (1 total)8 16 8 8 $6,200 40 2.4 City Council Meeting (1 total)4 $880 4 2.5 Utility Coordination Meetings (3 total)6 16 12 $5,520 34 2.6 Agency Coordination Meetings (6 total)12 12 12 $6,120 36 Expenses $4,500 TASK 2 SUBTOTAL 90 112 0 40 44 $0 $52,600 286 TASK 3: BASE MAPPING, BACKGROUND AND GEOTECHNICAL 3.1 Topographic Survey $15,000 $0 150 3.2 Geotechnical Studies 4 12 12 $47,105 $4,720 499 TASK 3 SUBTOTAL 4 12 12 0 0 $62,105 $4,720 649 TASK 4: RIGHT-OF-WAY ACQUISITION 4.1 Prepare Parcel Exhibits and Legal Descriptions (35 Parcels)35 35 70 70 $32,200 $31,500 532 4.2 Title Commitments $31,650 $0 315 4.3 Right-of-Way / Easement Staking $14,700 $0 147 4.4 Property Appraisals and Reviews $84,000 $0 840 4.5 Right-of-Way Acquisition Services 80 40 $131,550 $24,800 1436 Expenses $4,000 TASK 4 SUBTOTAL 115 75 70 70 0 $294,100 $60,300 3,270 TASK 5: FINAL DESIGN 5.1 Plan Submittals (60%, 90%, 100%)140 750 1500 1500 $540,800 3890 5.2 Develop Cost Estimates (60%, 90%, 100%)6 12 30 10 $8,780 58 5.3 Project Manual 8 16 16 8 $7,560 48 5.4 Permits and Permit Approvals 8 40 60 16 12 $20,140 136 5.5 Bidding 2 8 12 8 $4,240 30 Expenses $34,500 TASK 5 SUBTOTAL 164 826 1618 1526 28 $0 $616,020 4,162 TOTALS 471 1039 1700 1636 114 $356,205 $761,290 8,521 PROJECT TOTALS $1,117,495 8,521 TASK SUB-CONSULTANT TOTAL KHA COST TOTAL HOURS 39 ID Task Name Start Finish 1 TASK 1: PROJECT MANAGEMENT Fri 12/1/23 Mon 3/31/25 2 1.1 Administration Fri 12/1/23 Mon 3/31/25 3 1.2 General Coordination Fri 12/1/23 Mon 3/31/25 4 1.3 Quality Control and Quality Assurance (QC/QA) Functions Fri 12/1/23 Mon 3/31/25 5 1.4 Project Schedule Fri 12/1/23 Mon 3/31/25 6 TASK 2: PUBLIC AND AGENCY INVOLVEMENT Fri 12/1/23 Wed 1/15/25 7 2.1 Project Management Team (PMT) Meetings (14 Total)Fri 12/15/23 Wed 1/15/25 22 2.2 Public Engagement (1 newsletters) 23 Newsletter #1 Mon 10/14/24 Thu 10/31/24 24 2.3 Public Engagement 25 Presentation #1 Mon 11/4/24 Fri 11/29/24 26 2.4 City Council Meeting (1 total)Tue 5/14/24 Tue 5/14/24 27 2.5 Utility Coordination Meetings (3 total)Mon 4/1/24 Wed 1/15/25 28 2.6 Agency Coordination Meetings (6 total)Fri 12/1/23 Thu 10/31/24 29 TASK 3: BASE MAPPING, BACKGROUND AND GEOTECHNICAL Thu 2/1/24 Fri 5/31/24 30 3.1 Topographic Survey Mon 4/1/24 Fri 5/31/24 31 3.2 Geotechnical Studies Thu 2/1/24 Fri 5/31/24 32 TASK 4: RIGHT-OF-WAY ACQUISITION Mon 4/1/24 Fri 3/14/25 33 4.1 Prepare Parcel Exhibits and Legal Descriptions Mon 4/1/24 Fri 6/14/24 34 4.2 Title Commitments Mon 4/1/24 Fri 6/14/24 35 4.3 Right-of-Way / Easement Staking Mon 6/17/24 Fri 6/28/24 36 4.4 Property Appraisals and Reviews Mon 6/17/24 Fri 8/16/24 37 4.5 Right-of-Way Acquisition Services Mon 8/19/24 Fri 3/14/25 38 TASK 5: FINAL DESIGN Mon 4/1/24 Tue 3/25/25 39 5.1 Plan Submittals Fri 5/31/24 Fri 1/31/25 40 60%Fri 5/31/24 Fri 5/31/24 41 90%Thu 10/31/24 Thu 10/31/24 42 100%Fri 1/31/25 Fri 1/31/25 43 5.2 Develop Cost Estimates (60%, 90%, 100%)Wed 5/1/24 Fri 1/31/25 44 5.3 Project Manual Sun 12/1/24 Fri 1/31/25 45 5.4 Permitting Mon 4/1/24 Fri 2/28/25 46 5.5 Bidding Mon 2/3/25 Fri 3/7/25 47 City Council Award Construction Contract Tue 3/25/25 Tue 3/25/25 48 TASK 6: CONSTRUCTION PHASE SERVICES (NOT IN CONTRACT)Thu 5/1/25 Wed 9/30/26 49 6.1 Construction Administration Thu 5/1/25 Fri 6/26/26 50 6.2 Construction Observation Thu 5/1/25 Fri 6/26/26 51 6.3 Construction Staking Thu 5/1/25 Fri 6/26/26 52 6.4 Construction Material Testing Thu 5/1/25 Fri 6/26/26 53 6.5 As-Builts Wed 4/1/26 Wed 9/30/26 5/14 5/31 10/31 1/31 3/25 O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 Half 1, 2026 Half 2, 2026 City of Plymouth Chankahda Trail Phase 3 Final Design Schedule - October 2023 40 CITY OF PLYMOUTH RESOLUTION NO. 2023-290 RESOLUTION DESIGNATING CONSULTING ENGINEER FOR FINAL DESIGN ENGINEERING FOR THE CHANKAHDA TRAIL RECONSTRUCTION – PHASE 3 PROJECT (ST240002) WHEREAS, the Chankahda Trail – Phase 3 project is listed in the approved 2023-2032 Capital Improvement Plan; and WHEREAS, the project includes reconstruction of Chankahda Trail from Vicksburg Lane to County Road 61 (Northwest Boulevard); and WHEREAS, a request for proposal was sent to three engineering firms that have expertise to deliver the project for Phase 1 and Kimley-Horn and Associates was selected to design and construction administration services of that project; WHEREAS, Kimley-Horn and Associates has successfully delivered on the first two phases of the project and is proposed to complete Phase 3; and WHEREAS, staff recommends Kimley-Horn and Associates, Inc. be designated as the consulting engineer for this project. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat Kimley-Horn and Associates, Inc. is designated as the city’s consulting engineer for the said project in the amount of $1,117,495. BE IT FURTHER RESOLVED, that funding for these services shall be from the Street Reconstruction Fund. APPROVED by the City Council on this 28th day of November, 2023. 41 Regular City Council November 28, 2023 Agenda Number:6.6 To:Dave Callister, City Manager Prepared by:Chloe McGuire, Planning and Development Manager Reviewed by:Grant Fernelius, Community and Economic Development Director Item:Approve variances for a 6-foot fence and paved sport court at 4700 Juneau Lane North (Brad Winger - 2023076) 1.Action Requested: Motion to adopt the attached resolution approving the variances at 4700 Juneau Lane North. Approval requires a 4/7 vote of the City Council. 2.Background: Brad Winger, owner of 4700 Juneau Lane North, has requested the following two variances: 1. Variance for a 6-foot fence in the front yard. Since this property is a corner lot, it has two front yards under the Zoning Ordinance. The request is for a 6-foot fence along the southern property line, which is the side of the residence. A 6-foot fence would be allowed administratively along the southern lot line if it met the front yard setback (25 feet). The property currently has a 6-foot fence that meets this setback, but the property owners want additional backyard space. 2. Variance for a sport court (basketball court, pavement only) in the front yard of the property. Since this property is a corner lot, anything that protrudes in front of the home closer to the road than the home is considered in the front yard. The sport court will meet and exceed required front yard setbacks, but there is not an administrative approval option in the Zoning Ordinance for this situation. Planning Commission unanimously recommended approval of both variances. 3.Budget Impact: NA 4.Attachments: Staff Report Proposed Design Neighbor - Approval Letter Notification Map City Council Resolution 2023-291 42 43 Planning Commission Report Information BRAD WINGER VARIANCE – 4700 JUNEAU LANE INTRODUCTION The applicant is requesting approval of a 19-foot front yard setback variance for a fence, as well as a variance to allow for the construction of a sport court in the front yard, for the property located at 4700 Juneau Lane. Notice of this public meeting was mailed to all property owners within 200 feet. A copy of the notification area map is attached. CONTEXT The property (4700 Juneau Lane) is guided LA-1 and is zoned RSF-2 Surrounding Land Uses Adjacent Land Use Guiding Zoning North Single Family Residential LA-1 RSF-2 East Single Family Residential LA-1 RSF-2 South (across 47th Ave.) Single Family Residential LA-1 RSF-2 West (across Juneau Ln) Single Family Residential LA-1 RSF-2 DESCRIPTION OF REQUEST The applicant is requesting a 19-foot front yard building setback variance to the required 25-foot front yard building setback to allow for the construction of fence in the front yard approximately 6 feet from the property line and a variance to allow for the construction of a sport court/recreational facility in the front yard. The property is located at 4700 Juneau Lane. The proposed fence and sport court will encroach into the front yard along 47th Avenue, which is considered a front yard for this corner lot. LEVEL OF CITY DISCRETION IN DECISION-MAKING The city’s discretion in approving or denying a variance is limited to whether the proposal meets the standards for a variance. The city has a relatively high level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for a variance. 44 2023076 Page 2 ANALYSIS OF REQUEST This property is a corner lot that has frontage on both Juneau Lane and 47th Avenue. The zoning ordinance requires a front yard building setback of 25 feet on both sides of the lot that abut the public road. The applicant wishes to construct a fence on the side of the lot that abuts 47th Avenue. The proposed setback for the fence is 6 feet, where a 25-foot setback is required, thus necessitating the need for a 19-foot front yard setback variance. The applicant is also proposing to install a sport court behind the home on the lot, which also extends into the front yard along 47th Avenue. The setback of the sport court is acceptable in that it is setback 27 feet from the property line on the corner lot. The sport court, however, is considered a play and recreational facility, as defined below, and this court is not permitted within front yards. Therefore, a variance is required for the location of the court within the front yard of the site. 21115.04. Subd. 1 of the zoning ordinance addresses play and recreational facilities and their allowed locations: The following shall not be considered as encroachments on yard setback requirements. (d) Pursuant to Section 21120 of this Chapter, accessory buildings and structures including, but not limited to, sheds, play and recreational facilities, private dog kennels, laundry drying equipment, and gazebos shall not be located in a front yard. Such accessory buildings or structures may be located within: 1) a side or rear yard, provided they comply with the minimum side or rear yard setback requirement for accessory structures as prescribed by the applicable district; and 2) a front yard which qualifies as an equivalent rear or side yard (as defined by this Chapter) provided they are set back from such front lot line a distance equal to, or greater than, the minimum front setback specified for the principal building on the lot, and comply with the minimum side yard setback requirement for accessory structures, as prescribed by the applicable district. No encroachment shall be permitted in existing or required drainage and utility easements, unless approved by the City Engineer. The exception is that eave overhangs and any related gutters for detached accessory buildings may encroach into a yard setback and drainage and utility easement up to 24 inches beyond the exterior walls of the building. Play and Recreational Facilities: Accessory structures and/or uses that are customary and incidental to the principal use of the site, including but not limited to swing sets, play structures, sand boxes, fire pits, skateboard ramps, batting cages, tennis courts, sport courts, swimming pools and their related aprons, and the like, intended for the enjoyment and convenience of the residents of the principal use and their guests. The variance proposed for the sport court is for a portion of a play and recreational facility within the front yard (in front of the furthest wall projection of the principal structure toward 47th Avenue). The applicant establishes proposed practical difficulties with complying with the ordinance in the attached variance narrative. 45 2023076 Page 3 The applicant has submitted a letter from the adjacent property owner to the north who is in support of the application. Staff reviewed the requests according to the standards listed in section 21030 of the zoning ordinance and has made the following findings: 1. The variances, and their resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan. 2. The applicants have demonstrated that there are practical difficulties in complying with the ordinance regulations, because: a. The requests are reasonable and the property would be used in a reasonable manner; and b. The requests are due to circumstances not created by the landowners; and c. The variances would not alter the essential character of the lot or neighborhood. 3. The variance requests are not based exclusively upon economic considerations but rather, the variances are requested to make improvements to the lot to make it more usable for the current occupants. 4. The requested variances and resulting construction would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. 5. The requested variances and resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would they substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. 6. The variances requested are the minimum action required to address the practical difficulties and allow the homeowners to improve the livability of the home and to provide usable space. RECOMMENDATION: Community and Economic Development Department staff recommend approval of the variances at 4700 Juneau Lane, subject to the conditions listed in the attached resolution. 46 Hennepin County Property Map Date: 7/25/2023 Comments: 1 inch = 50 feet PARCEL ID: 0911822420061 OWNER NAME: W B Winger & K P Winger PARCEL ADDRESS: 4700 Juneau La N,Plymouth MN 55446 PARCEL AREA: 0.38 acres, 16,453 sq ft A-T-B: Abstract SALE PRICE: $504,000 SALE DATE: 12/2020 SALE CODE: Warranty Deed ASSESSED 2022, PAYABLE 2023 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $553,000 TAX TOTAL: $6,157.02 ASSESSED 2023, PAYABLE 2024 PROPERTY TYPE: Residential HOMESTEAD: Homestead MARKET VALUE: $570,600 This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is not suitable for legal, engineering or surveying purposes. Hennepin County shall not be liable for any damage, injury or loss resulting from this data. COPYRIGHT © HENNEPIN COUNTY 2023 Fence extends 28' off house (6' from property line which is 15' from the curb 47 48 He nn epin Co u n ty L oc ate & N o tify Map 0 100 20050 Feet Da te : 11 /6/20 23 Buffer Size:200Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 49 CITY OF PLYMOUTH RESOLUTION NO. 2023-291 RESOLUTION APPROVING VARIANCES FOR BRAD WINGER FOR THE PROPERTY LOCATED AT 4700 JUNEAU LANE NORTH (2023076) WHEREAS Brad Winger has requested the approval of a setback variance and a front yard variance to allow for the construction of a fence and a sport court in the front yard; and WHEREAS, property legally described as follows Lot 15, Block 1, Tyrell 8th Addition, Hennepin County, Minnesota. WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Brad Winger for a variance to allow a 6-foot fence in the front yard setback and a variance for a sport court in the front yard at 4700 Juneau Lane North, subject to the following findings and conditions: 1. The requested variances are hereby approved in accordance with the application received by the city on October 24, 2023, except as may be amended by this resolution. 2. The requested front yard setback and front yard variances are approved with the findings that all applicable variance standards would be met. Specifically: a. The variances, and their resulting construction or project, would be in harmony with the general purposes and intent of this Chapter, and would be consistent with the comprehensive plan. b. The applicants have demonstrated that there are practical difficulties in complying with the ordinance regulations, because: i. The requests are reasonable, and the property would be used in a reasonable manner; and ii. The requests are due to circumstances not created by the landowners; and iii. The variances would not alter the essential character of the lot or neighborhood. c. The variance requests are not based exclusively upon economic considerations but rather, the variances are requested to make improvements to the lot to make it more usable for the current occupants. 50 Resolution 2023-291 File 2023076 Page 2 d. The requested variances and resulting construction would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. e. The requested variances and resulting construction, would not impair an adequate supply of light and air to adjacent properties, nor would they substantially increase traffic congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. f.The variances requested are the minimum action required to address the practical difficulties and allow the homeowners to improve the livability of the home and to provide usable space. 3. The permit is subject to all applicable building and fire codes, and to all city regulations and ordinances. Any violation thereof shall be grounds for revocation. 4. The variance shall expire one year after the date of approval, unless the property owner or applicants have commenced the authorized improvement or use, or unless the applicants, with the consent of the property owner, have received prior approval from the city to extend the expiration date for up to one additional year, as regulated under section 21030.06 of the Zoning Ordinance. APPROVED by the City Council on this 28th day of November, 2023. 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 November 28, 2023, 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 51 Regular City Council November 28, 2023 Agenda Number:6.7 To:Dave Callister, City Manager Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer Reviewed by:Michael Thompson, Public Works Director Item:Accept Regional Solicitation grant funds for the Station 73 (TRIP) Transit and Regional Improvement Project (ST230003) 1.Action Requested: Adopt attached resolution committing to completing portions of the Three River Park District Eagle Lake Regional Trail and accepting Regional Solicitation grant funds for the Station 73 (TRIP) Transit and Regional Improvement Project (ST230003). 2.Background: The Station 73 TRIP is identified in the 2023-2032 Capital Improvement Plan for construction in 2025-2026. The full project includes reconstruction of a portion of Highway 55 near County Road 73, the addition of a trail under pass of Highway 55, transit inline bus platforms, realignment of County Road 73, construction of the Eagle Lake Regional Trail from the Luce Line Trail south towards the City of Minnetonka, and improvements of South Shore Drive and 10th Avenue. Preliminary design for this project is nearing completion and final design and easement acquisition are scheduled to begin in December 2023. The Three Rivers Park District (TRPD) has committed to being a funding partner in this project. A portion of the proposed funding is to be through grant funds awarded to them for construction of several sections the Eagle Lake Regional Trail, one section of which is the trail along County Road 73 between Highway 55 and the existing trail north of Ridgemount Avenue. TRPD and city staff believe that it would benefit both agencies if the city constructs the trail with the Station 73 TRIP, and the funds flow directly from the Metropolitan Council to the city. To accomplish this, the city needs to pass a resolution stating we will accept the $800,000 in funds awarded to construct this trail segment, construct the trail scope as approved in the grant application, and consider entering into a grant agreement with the Metropolitan Council. The federal grant funds would be through the Multiuse Trails and Bicycle Facilities grant category of the Metropolitan Council Regional Solicitation Program from 2022. This funding source does require a 20% match, which will be through a future master funding agreement with TRPD and other agencies. The funds are not guaranteed to be available until 2027, although they may be available sooner if the city makes an advance request and federal funds are available. 3.Budget Impact: The $800,000 would be an allocation of federal funding from Three Rivers Park District to the City of Plymouth via the regional solicitation program. 52 4.Attachments: Project Layout - ELRT City Council Resolution 2023-292 53 54 CITY OF PLYMOUTH RESOLUTION NO. 2023-292 RESOLUTION COMMITTING TO COMPLETING PORTIONS OF THE THREE RIVERS PARK DISTRICT’S EAGLE LAKE REGIONAL TRAIL AND ACCEPTING REGIONAL SOLICITATION GRANT FUNDS FOR THE STATION 73 (TRIP) TRANSIT AND REGIONAL IMPROVEMENT PROJECT (ST250003) WHEREAS, the Station 73 Transit and Regional Trail Improvement Project (TRIP) is listed in the proposed 2023-2032 Capital Improvement Plan; and WHEREAS, the project involves constructing pedestrian and regional bicycle trail systems, a Highway 55 pedestrian and bicycle underpass, inline bus platforms on Highway 55, improvements to South Shore Drive and 10th Avenue, realignment of CSAH 73, and Station 73 Transit Station mobility improvements; and WHEREAS, the trail connections contemplated with the project are supported by the Three Rivers Park District Bryant to Eagle Lake Regional Trail master plan; and WHEREAS, the Three Rivers Park District applied for and was successful in procuring 2022 Federal Multiuse Trails and Bicycle Facilities grant funds through the Metropolitan Council Regional Solicitation; and WHEREAS, the Three Rivers Park District grant award for the Eagle Lake Regional Trail contained multiple trail segments including a portion between Highway 55 and a point 780 feet south of Ridgedale Drive in Plymouth; and WHEREAS, the segment located in Plymouth is included in the Station 73 TRIP scope; and WHEREAS, the Cityof Plymouth and Three Rivers Park District desire to complete the trail construction under one project; and WHEREAS, the City of Plymouth understands that the $800,000 in funds awarded for this section of trail may not be available at the start of construction in 2025; and WHEREAS, the City of Plymouth recognizes a 20 percent local match is required; and WHEREAS, the Three Rivers Park District and City of Plymouth plan to enter into a separate agreement for additional funds toward regional trail construction. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the City of Plymouth agrees to accept the award and may enter into an agreement with the Metropolitan Council for the portion of the Eagle Lake Regional Trail awarded project referenced in this resolution and that the City of Plymouth will comply with all applicable laws, requirements, and regulations as stated in the grant agreement. APPROVED by the City Council on this 28th day of November, 2023. 55 Resolution 2023-292 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 November 28, 2023, 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 __________________, __________. ____________________________________ Jodi Gallup, City Clerk 56 Regular City Council November 28, 2023 Agenda Number:6.8 To:Dave Callister, City Manager Prepared by:Michael Payne, Assistant City Engineer Reviewed by:Michael Thompson, Public Works Director Item:Approve application for MnDOT Local Road Improvement Funding for the 36th Avenue Rehabilitation Project (ST250002) 1.Action Requested: Adopt the attached resolution approving application for MnDOT Local Road Improvement Funding for the 36th Avenue Rehabilitation Project (ST250002). 2.Background: The Local Road Improvement Program (LRIP) is administered by the Minnesota Department of Transportation and provides grant funding for construction of projects on local roads that are regionally significant, result in safety improvements, address transportation deficiencies, and contribute to economic development. Up to $1.5 million can be requested through the grant program. The grant program requires that projects be constructed in 2024, 2025, or 2026 and also requires submittal of a Council resolution supporting the project and application for grant funding. Staff is proposing to submit the 36th Avenue Rehabilitation Project for $1.5 million in grant funding. The deadline for submittal of the grant application is December 8, 2023 and awards are anticipated to be announced in March of 2024. 3.Budget Impact: The total project cost outlined in the proposed amended 2023 Capital Improvement Plan (2024-2032) is $8.35 million. If awarded, the grant would provide up to $1.5 million on a reimbursement basis to help offset local funds. 4.Attachments: Location Map City Council Resolution 2023-293 57 32ND AV E N SARATOG A LN N U N I O N TE R R A C EM E DICIN E L A K E B L V D E 30TH AVE N M edicine Lake Blv d E Qu a k erLnN 3 7th A v e N 32nd A ve N Sa ra toga L n N 38thPlN 3 5 t h P l N Wellin gtonLnN 39th Ave N 36th Ave N 40th Ave N Pilgri m L n N 34th Ave N Pilgrim LnN 3 7 t h P l N 37th Ave N 40th Pl N 38th Ave N 36th Pl N Xi m i n e s L n N 3 3 r d A v e N Za ch a r y Ln N U ni o n T errace L n N Tre nton Ln N Kilmer Ln N 3 0 t h A v e N O r l eansLn N 31stAve N 34th Ave N LancasterLnN Four S easons-Mead ow Pilgrim La neElementary Sunris e ArmstrongSenior HighSchool Ply mouthPlayfield PlymouthMiddleSchool MissionHills EastMedicineLake TC Lost Lake Medicine Lake THIS REPRE SENTS A COMPILATION OF IN FORMATION AND DATA FROM CITY, COUNTY, S TATE AND OTHER SOURCES THAT HAS NOT BE EN FIELD V ERIFIED. INFORMATION SHOULD BE FIE LD VE RIFIE D AND COMPARED WITH ORIGINAL SOURCE DOCUMEN TS. 2026 36th AvenuePavement RehabilitationCity P ro ject ST260002Ü0940Feet 58 CITY OF PLYMOUTH RESOLUTION NO. 2023-293 RESOLUTION APPROVING APPLICATION FOR 2023 LOCAL ROAD IMPROVEMENT PROGRAM FUNDING FOR THE 36TH AVENUE REHABILITATION PROJECT (ST250002) WHEREAS, the 36th Avenue Rehabilitation project includes the reconstruction and rehabilitation of 36th Avenue through the City of Plymouth between Municipal State Aid Street 158 (Medicine Lake Boulevard East) and US Highway 169, and will correct poor road surface conditions, implement conversion to a three-lane section, fill gaps in the trail and sidewalk network, and improve safety along the corridor; and WHEREAS, the 36th Avenue Rehabilitation project provides opportunity to correct deficient roadway conditions, make improvements to roadway operations, improve the multimodal network, and improve travel to and from the schools that are serviced by 36th Avenue; and WHEREAS, the Local Road Improvement Program (LRIP) administered by the Minnesota Department of Transportation makes available up to $1,500,000 to apply towards projects on local roads that are regionally significant, result in safety improvements, address transportation deficiencies, and contribute to economic development; and WHEREAS, the proposed year for project construction is 2025. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The City Council hereby supports the reconstruction of 36th Avenue through the City of Plymouth between Municipal State Aid Street 158 and US Highway 169. 2. The City Council hereby supports the city's pursuit of Local Road Improvement Program (LRIP) funding and authorizes staff to prepare and submit such application. APPROVED by the City Council on this 28th day of November, 2023. 59 Resolution 2023-293 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 November 28, 2023, 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 60 Regular City Council November 28, 2023 Agenda Number:6.9 To:Dave Callister, City Manager Prepared by:Andrea Rich, Finance Director Reviewed by:Dave Callister, City Manager Item:Approve joint powers agreement with Bassett Creek Watershed Management Commission for City of Plymouth to provide accounting services 1.Action Requested: Approve joint powers agreement. 2.Background: The City of Plymouth represents approximately 52% of the Bassett Creek Watershed District. Accounting for the Bassett Creek Watershed Management Commission (BCWMC) historically was performed by the City of Golden Valley with the work then transitioning to Redpath accounting firm. To control the cost and provide expertise in governmental accounting, the City of Plymouth Finance Department will take on the accounting tasks for the BCWMC. The fee is $16,000 annually plus $150/hour up to 25 hours for annual financial audit assistance. The BCWMC approved the agreement on November 16, 2023. 3.Budget Impact: Approximately $16,000 in revenue not previously budgeted. The work will be absorbed by current staff. 4.Attachments: Agreement Watershed Map City Council Resolution 2023-294 61 1 JOINT POWERS AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION This Agreement (“Agreement”) is entered into and effective as of the 1st day of February, 2024 (“Effective Date”) by and between the CITY OF PLYMOUTH, a Minnesota municipal corporation (“Plymouth”) and the BASSETT CREEK WATERSHED MANAGEMENT COMMISSION, a joint powers watershed management organization (“Commission”), hereinafter referred to individually as “Party” and together as the “Parties.” RECITALS WHEREAS, Minnesota Statutes § 471.59 authorizes two or more governmental units to enter into an agreement to jointly or cooperatively exercise any power common to the contracting entities; and WHEREAS, Plymouth employs designated staff for financial management and accounting; and WHEREAS, the Commission desires to have Plymouth perform certain financial services for the Commission, and the Parties are willing for such services to be provided subject to the terms and conditions provided in this Agreement. NOW, THEREFORE, Plymouth and the Commission agree as follows: 1. FINANCIAL SERVICES. Plymouth will perform for the Commission all financial management and accounting services outlined in Appendix A attached hereto. Such services shall be performed and provided by a qualified accountant level position. Each Party agrees to designate a qualified representative to communicate with the other Party on an as-needed basis to carry out all services contemplated herein. 2. EMPLOYEE STATUS. Plymouth employees working to provide services for the Commission under this Agreement shall remain employees of Plymouth and shall not be deemed employees of the Commission for any purpose whatsoever. Plymouth shall maintain all required workers’ compensation insurance on such employees. 3. PAYMENT FOR SERVICES. For 2024, the Commission shall pay Plymouth for the services contemplated herein and contained on Appendix A at a rate of $1,334 per month, except that a separate additional charge of $150 per hour will be invoiced for Plymouth’s provision of up to 25 hours of the annual financial audit assistance services described on Appendix A. Plymouth shall invoice the Commission quarterly or pursuant to another timeframe that may be agreed upon by both Parties in writing. The Commission shall pay undisputed invoices within forty-five (45) days of receipt. For each 12-month period following January 31, 2025, while this Agreement remains in effect, a three percent (3%) cost inflator will be applied to the monthly compensation and hourly rate for annual financial audit assistance services, as established above. Any such increased rate, whether monthly or hourly, will be rounded up to the nearest dollar. 4. INDEMNIFICATION; LIABILITY. Each Party shall be liable for its own acts and the results thereof to the extent provided by law and each Party (“Indemnifying Party”) agrees to defend, indemnify and hold harmless the other Party (including its officials, employees, volunteers and agents), 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 the Indemnifying Party, anyone directly or indirectly employed by the Indemnifying Party, and/or anyone for whose acts 62 2 and/or omissions the Indemnifying Party may be liable, in the performance or failure to perform its obligations under this Agreement. Each Party’s liability shall be governed by the provisions of Minnesota Statutes, Chapter 466 and other applicable law. To the fullest extent permitted by law, action by the Parties to this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be a deemed a “single governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, section 471.59, subdivision 1a(a), provided further that for purposes of that statute, each Party to this Agreement expressly declines responsibility for the acts or omissions of the other Party to this Agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other Party. The total liability for the Parties shall not be added together to exceed the limits on governmental liability for a single governmental unit. Each Party shall promptly notify the other of any claim, action, cause of action or litigation brought against that Party, its employees, officers, agents, or subcontractors, which arises out of the services contemplated pursuant to this Agreement and should also notify the other Party whenever any Party has a reasonable basis for believing that the Party, and/or its employees, officers, agents or subcontractors, and/or the other Party might become the subject of a claim, action, cause of action or litigation arising out of the services contemplated pursuant to this Agreement. The Parties agree that all above indemnity obligations shall survive the termination of this Agreement. 5. TERM. This Agreement shall commence on the Effective Date and remain in place unless and until terminated by either Party, for any reason or for no reason at all, upon providing 120 days’ written notice to the other Party. 6. MINNESOTA GOVERNMENT DATA PRACTICES ACT. All data collected, created, received, maintained, or disseminated, in any form, for any purposes because of the Agreement is governed by the Minnesota Government Data Practices Act (Minn. Stat. Chap. 13 and related statutes), as amended, the Minnesota Rules implementing such Act, as amended, as well as any applicable federal regulations on data privacy. 7. ENTIRE AGREEMENT. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement of the Parties related to the services contemplated herein. 8. AMENDMENTS. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. 9. NOTICE. Any notice, statement or other written documents required to be given under this Agreement shall be considered served and received if delivered personally to the other Party, or if deposited in the U.S. First Class mail, postage prepaid, as follows: a. Notice to: City of Plymouth City Manager 3400 Plymouth Boulevard Plymouth, Minnesota 55447 b. Notice to: Bassett Creek Watershed Management Commission Administrator P.O. Box 270825 Golden Valley, Minnesota 55427 10. AUDIT. Plymouth must allow the Commission, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to all books, records, documents, and accounting procedures 63 64 A-1 Appendix A - Services Provided Monthly bookkeeping services Banking & Investments • Maintain check register and software (Plymouth reserves the right to change software) • Prepare monthly checks • Post receipts from grant funding to appropriate accounts • Reconcile bank statements • Ensure proper collateralization • Deposit checks • Monitor and manage investment funds Financial reports/statements • Statement of revenue, expenditures, and changes in fund balance • Income statement/balance sheet • Administrative and program/project budget reporting • Budget to actual comparison for all funds Annual financial audit assistance services • Prepare schedules and other documents for the Commission’s annual audit as directed by the Commission personnel • Prepare and transmit form 1099’s for the year • Submit all reporting requirements to the OSA Financial oversight • Monitor fund balances 65 Medicine Lake Bass Lake Parkers Lake Moo neyLake Pike Lake Gleason Lake SchmidtLake Hadley Lake Curtis Lake LostLake Tu rtle Lake PomerleauLake LakeCamelot KreatzLake CavanaughLake SnyderLake HiddenLake C o R d N o 6 Co Rd No 101 Co Rd No 6 Co Rd No 24 Co Rd No 101 Co Rd No 101 Co Rd 47 Co Rd No 47 North w e s t B l v d ( C o R d N o 6 1 ) Xenium Ln (Co Rd No 61) R o ckfo rd R d (C o R d N o 9 ) C o R d N o 6 Northwes t B lv d (CoRd N o 6 1 ) OldRockfordRd Bass Lake Rd (Co Rd No 10) Rock f o r d R d PeonyLn Vicksburg Ln Vicksburg Ln Fernbrook Ln Zachary LnSchmidtLakeRd S u n s e t T rl StHwy55 StHwy55 StHwy55 Interstate 494 Interstate 494 Dunkirk Ln Dunkirk Ln MedinaRd Carlso n P k w y 3 6th Ave C h e s h ir e P k w y Bass ettCreek Plymouth Creek P i k e C r e ek El m C reek 55 101 6 47 10 73 9 24 61 Bassett Creek Elm Creek MinnehahaCreek Shingle Creek 169494 Ward 2 Ward 1 Ward 3 Ward 4 THIS REPRE SENTS A COM PILATION OF INFORMATION AND DATA FROM CIT Y, COUNTY, STATE AND OTHE R SOURCES THAT HA S NOT BEEN FIELD V ERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORIGINAL SOURCE DOCUMENTS. Watersheds in Plymouth 0 1 Miles December 2019 Streams Bassett Creek Elm Creek Minnehaha Creek Shingle Creek 66 CITY OF PLYMOUTH RESOLUTION NO. 2023-294 RESOLUTION APPROVING JOINT POWERS AGREEMENT FOR ACCOUNTING SERVICES BETWEEN THE CITY OF PLYMOUTH AND THE BASSETT CREEK WATERSHED MANAGEMENT COMMISSION WHEREAS, the City of Plymouth represents approximately 52% of the Bassett Creek Watershed District; and WHEREAS, historically accounting services for the Bassett Creek Watershed District were performed by the City of Golden Valley and then transferred to an accounting firm; and WHEREAS, to control the cost and provide expertise in governmental accounting, the City of Plymouth Finance Department will take on the accounting services for the Bassett Creek Watershed Management Commission through a Joint Powers Agreement. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOF PLYMOUTH,MINNESOTAthat the Joint Powers Agreement for accounting services between the City of Plymouth and the Bassett Creek Watershed Management Commission is approved. APPROVED by the City Council on this 28th day of November, 2023. 67 Regular City Council November 28, 2023 Agenda Number:6.10 To:Environmental Quality Committee Prepared by:Chris LaBounty, Deputy Public Works Director/City Engineer Reviewed by:Chris LaBounty, Deputy Public Works Director/City Engineer Item:Approve application for Minnesota Pollution Control Agency Community Resilience Grant 1.Action Requested: Adopt attached resolution approving application for the Minnesota Pollution Control Agency Community Resilience Grant to prepare a Plymouth Environmental Resiliency Plan. 2.Background: The City Council has identified Environmental Stewardship as one of their strategic priorities and requested that staff develop, with feedback from the Environmental Quality Committee (EQC), an action plan which would best serve the community in developing and reaching environmental stewardship goals. The EQC provided high level feedback on this plan at their September 13 meeting and reviewed and provided comments on the application during their November 8 meeting. Staff took EQC feedback in account while developing the attached materials for the Minnesota Pollution Control Agency's Planning Grants for Stormwater, Wastewater, and Community Resilience. This grant helps fund planning for increased resilience to the impacts of Minnesota's changing climate, including in the area of community resilience. If awarded, the draft plan would be ready for City Council adoption in May 2025. 3.Budget Impact: The grant request is $40,000 with a city match of $25,000. 4.Attachments: Community Resilience Grant Application Community Resilience Grant Workplan City Council Resolution 2023-295 68 1 Instructions: Read the complete Request for Proposal (RFP)and other associated documents before submitting this application. Check the SWIFT Supplier Portal and the Minnesota Pollution Control Agency (MPCA) Planning Grants for SWC Resilience webpage for the most recent updates. Applications are due no later than 4:00 p.m. Central Time (CT) on Thursday, December 14, 2023. Submit application, workplan and budget (as Microsoft Word and Excel documents) per the instructions listed in Section 7 and 8 of the RFP. 1. Project information Organization name:City of Plymouth Organization address:3400 Plymouth Blvd City: Plymouth State:MN Zip code:55447 County:USA Contact name:Michael Thompson Title:Public Works Director Phone:763-509-5501 Email address:mthompson@plymouthmn.gov Organization type:☐Tribal government ⾙ Local/Regional government (plus select one below) ⾙ City ☐County ☐Town/Township ☐Soil and Water Conservation District ☐Watershed Management Organization ☐Watershed District ☐Regional Development Commission ☐Metropolitan Council of the Twin Cities Region Project focus area (choose one): ☐Stormwater Resilience Planning ⾙ Community Resilience Planning ☐Wastewater Resilience Planning Planning Grants for Stormwater, Wastewater, and Community Resilience Application FY 2024 Doc Type: Grant Application Grant requested:$ 40,000.00 + Matching funds:$ 25,000 = Total project cost:$65,000 69 2 Yes No 1.Is applicant the sole source of matching funds for this project? If no, is supporting documentation of commitment for cash or in-kind matching funds from outside organizations involved in the project attached? If no, explain: 2.Is applicant in compliance with Minnesota’s tax and environmental regulatory requirements? If no,explain: Project Title: Plymouth Environmental Resiliency Plan 2. Project Details 1. What is the purpose of this project and with whom will you share the results (limit of 250 words): The purpose of this project is to develop an Environmental Resiliency Plan for the City of Plymouth that includes measurable short-term and long-term actions to enhance the city’s existing efforts towards attaining good environmental stewardship. The plan will also ensure the City is prepared for health impacts associated with changes to the community. This would be accomplished through: 1.Defining key climate and environmental issues likely to have an impact to the city in the future. 2.Collecting existing benchmark data on current performance. 3.Engaging with the public on their environmental priorities and concerns. 4.Understanding the human health impacts of changing weather patterns and the built environment. 5.Understanding areas identified as environmental justice areas in the city. The project results will be publicly shared with the community at large in order to increase transparency and accountability. Results will be shared with the public though City communications channels and directly with anyone who expresses interest or provides feedback on the plan. 2.What is the need for this project, and how will the planning that is proposed make a meaningful difference to the community in preparing for Minnesota’s changing climate, including human health impacts (limit of 500 words): The city has established and has been working on environmental goals for many years, but lacks a road map of future investments which can be shared with the public to be transparent about the process that is being made. Efforts have been made by multiple departments & divisions across the city and improvements have been focused on six major areas including: 1.Building & Energy Reduction 2.Transportation 3.Recycling & Waste Reduction 4.Tree & Vegetation Management 5.Water Protection & Conservation 6.Environmental Resiliency The city desires to have more community conversation around resiliency and aims to complete targeted outreach to members of the community who may not historically had a voice in decisions around environmental issues. The 70 3 efforts made to complete the Environmental Resiliency Plan will provide a voice for all members of the community and provide a roadmap to make meaningful progress in resiliency and being prepared for future changes in our community. 3.How will information about current Minnesota climate trends and projections of future climate conditions affecting the general location of the project be used in the methodology of this planning project (limit of 250 words): The goal of the Environmental Resiliency Plan is to understand how future climate trends in our region of the State could impact the 81,000 people residing in the 36 square miles of Plymouth. The plan is likely to use State climate trends, and projections of expected future climate conditions to help predict future stress points in the community. The roadmap for environmental resiliency will assist in predicting possible areas of need, and will be useful in the determination of meaningful city actions that can be implemented. The plan will leverage environmental resiliency plans of partner agencies such as Hennepin County, Minnehaha Creek Watershed District, and the other three watershed management organizations located in Plymouth. 4.Using the MPCA’s criteria and interactive mapping tool (recently updated on the MPCA website with data from a five- year 2016-2020 summary of the American Community Survey), will the geographic area specifically addressed by the proposed planning project include one or more MPCA identified environmental justice (EJ) areas of concern, or an environmental justice area?Yes No If yes: a.Will the planning to be undertaken by this project yield benefits for communities within these EJ areas of concern? Yes No i.If yes, describe these communities and how they will benefit: There are 6 census tracks identified as 40% or more people of color and 3 which at least 35% of people reporting income less than 200% of federal poverty level. This study will help us identify specific strategies to build environmental resiliency in the city including specific actions to help EJ areas of concern. ii.If yes, describe how the planning completed for this project will address concerns about equitable resilience for these communities compared with others within the geographic area covered by the project: It is expected that establishing and tracking goal metrics will include focus areas for actions in both the short and long term. Areas previously marginalized or needing more equitable support would be identified in the Environmental Resiliency Plan for the city. b.Will these communities be provided the opportunity to have a voice in decision-making through substantive engagement as part of the planning completed for this project? Yes No If yes, describe specifically how this will be done; if no, explain why not: A comprehensive community engagement process will be included as part of the project. Part of this will be community conversations around concerns previously marginalized communities have and their feedback on if proposed short and long-term actions are likely to help address concerns. 5.What are the potential barriers or challenges for this planning project, and how will they be addressed: Community wide and broad projects often yield many differing opinions on the desired outcomes of a plan. It is important to receive all input and not allow the loudest voices take over the conversation. We would address this by making certain that all stakeholders are heard through a comprehensive community engagement process and that a data driven approach is used in the decision-making process. 71 4 6.How will this planning project result in assignment of responsibility for follow-up action(s) to increase local resilience: The fundamental goal of the Environmental Resiliency Plan is to establish a roadmap with follow-up actions for the city to increasing its local resiliency in both the short and long term horizons. 7.How will this project position a tribal/local government to pursue funding as needed to do follow-up implementation of the resilience project(s) for which planning was completed: Having the Environmental Resiliency Plan as a roadmap to guide follow-up actions will position the city well to pursue local funding through our Capital Improvement Plan and other agency funding on implementing projects. 3. Experience and qualifications 1.Describe applicant’s experience and qualifications related to the applicant’s role in the proposed planning project: The city’s point of contact, Michael Thompson, oversees the Environmental Stewardship program for Plymouth has extensive experience in planning, engineering, and project management which includes many of the elements commonly found in community resiliency plans. He will be overseeing the overall plan development along with assistance from a dedicated environmental stewardship employee and a team of staff from water resources, facilities, fleet, and parks and forestry. 2.Will anyone outside your organization be responsible for work performed? Yes No If yes, provide name of organization(s) and contact information, experience, and qualifications related to the proposed project, and describe the role of the outside organization(s) in the project:The city will be putting out a request for proposals for engineering/planning firms to assist the city in this effort. The firm to be selected to do this work will be determined after that process. 3.Provide detailed information about the qualifications and experience – including with similar projects – of the specific people who will work on this project, both within the applicant organization and from outside organization(s): The city will be developing a RFP for qualified firms to proposed to lead and develop this study. The city will make sure that individuals working on the plan are well qualified to develop a successful plan meeting the goals and objections of the city and this grant. The Environmental Quality Committee (EQC) is an appointed group of seven citizens that are appointed by the City Council to make recommendations on environmental issues in the city. This group has extensive professional backgrounds in areas of environmental stewardship and will be providing review and support of the plan. The EQC reviews, considers, and recommends to the Plymouth City Council policies, plans or projects to enhance and preserve the natural environment of the city. 72 Page 1 of 2 Planning Grants for Stormwater, Wastewater, and Community Resilience Project workplan Doc Type: Grant Application Project title: Plymouth Environmental Resiliency Plan Statement of projectpurpose(s) The project will develop an Environmental Resiliency Plan for the City of Plymouth. The plan will develop measurable short-term and long- term actions to make progress towards being a more environmentally resilient community. This would be done through: 1. Defining key climate and environmental issues likely to have impact on the city in the future 2. Collecting existing benchmark data on current performance 3. Engaging with the public on their environmental priorities and concerns 4. Understanding the human health impacts of changing weather patterns and the built environment 5. Understanding areas that have been identified as environmental justice areas of concern in the City This plan will provide the city with a path forward on its continued efforts to be good stewards to the environment and make sure we are prepared for the health impacts associated with changes to our area. Goal statement, project deliverable(s), tasks, and subtasks Goal statement:The goal is to develop an Environmental Resiliency Plan for the city which is driven by data, developed and supported by both elected officials and the community, and will guide the city in developing short and long-term meaningful projects which will equitably improve the health of those living, working, & playing in the community and also positioning the city to be resilient against changing weather patterns. Project deliverables: An elected official and community supported Environmental Resiliency Plan. Task 1 of 3: Define plan scope and select consulting firm to develop the Plymouth Environmental Resiliency Plan [Note: This task is to be completed by the City prior to grant award. No grant funds are requested for this Task]. Subtask 1a: Select consulting firm to develop the Plymouth Environmental Resiliency Plan Brief description of activities involved: City staff, with review and input from the Plymouth Environmental Quality Committee (EQC), a group of appointed residents, will develop a scope of services to be included in consultant proposals. The Engineering Division will solicit proposals from at least three (3) qualified firms and in collaboration with the EQC, select a firm to begin working on the plan. Timeframe: January - April 2024 Name and Title of person(s) responsible: Michael Thompson, Public Works Director Task 2 of 3: Develop the Plymouth Environmental Resiliency Plan Subtask 2a: Develop plan goals and complete existing condition assessment. Brief description of activities involved: The consulting firm will utilize existing local, county and state data, collaborate with city staff, the Plymouth EQC, and community to define goals of the plan and establish key climate and environmental metrics to be studied. The firm will also compile existing community data and develop benchmark data on the specific key metrics. Timeframe: April – November 2024 (est.) Name and Title of person(s) responsible: Michael Thompson, Public Works Director & Consulting Firm Subtask 2b: Establish meaningful goals for the community and draft the plan. Brief description of activities involved: The consulting firm will develop short-term and long-term goals based on feedback from the community and by utilizing the data that’s been collected. These will be documented in a draft version of the plan and presented to the community for additional feedback. Timeframe: December 2024 - March 2025 (est.) Name and Title of person(s) responsible: Michael Thompson, Public Works Director & Consulting Firm 73 Page 2 of 2 Subtask 2c: Finalize Plymouth Environmental Resiliency Plan Brief description of activities involved: Based on community feedback, the consulting firm will finalize the plan, present the plan to the EQC, and present the plan to the City Council for formal adoption. Timeframe: March - May 2025 Name and Title of person(s) responsible: Michael Thompson, Public Works Director & Consulting Firm Task 3 of 3: Final Report and Project Deliverables Subtask 3a: Submit Grant Final Report Brief description of activities involved: Will provide a final grant project report using the MPCA template approximately one month prior to the end of the grant agreement on June 30, 2025, or at completion of the project, whichever occurs first. Will respond promptly to any requests by the MPCA authorized representative for additional information and/or corrections to the report. Timeframe: May-June 2025 Name and Title of person(s) responsible: Michael Thompson, Public Works Director Subtask 3b: Submit Project Deliverables Brief description of activities involved:Will provide electronic files of all project deliverables to the MPCA authorized representative prior to the end of the grant agreement on June 30, 2025, or at the completion of the project, whichever occurs first. Timeframe:May-June 2025 Name and Title of person(s) responsible: Michael Thompson, Public Works Director 74 CITY OF PLYMOUTH RESOLUTION NO. 2023-295 RESOLUTION APPROVING APPLICATION FOR THE MINNESOTA POLLUTION CONTROL AGENCY COMMUNITY RESILIENCE GRANT TO PREPARE A PLYMOUTH ENVIRONMENTAL RESILIENCY PLAN WHEREAS, the City Council has established Environmental Stewardship as a council priority; and WHEREAS, the City Council desires to establish a plan for long term environmental resiliency of the community; and WHEREAS, the Plymouth Environmental Quality Committee has provided high level recommendations on what the future plan should include; and WHEREAS, the Minnesota Pollution Control Agency (MPCA) Community Resilience Grant provides $750,000 on a reimbursement basis for communities to conduct planning for increased resilience to the impacts of Minnesota’s changing climate; and WHEREAS, a ten percent match is required for all awarded funds through the grant program; and WHEREAS, the development of the Plymouth Environmental Resiliency Plan is planned for as part of the biannual budget and is supported by the City Council. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that submittal of the application for development of a Plymouth Environmental Resiliency Plan for the MPCA Community Resiliency Grant in the amount of $40,000 is approved. APPROVED by the City Council on this 28th day of November, 2023. 75 Regular City Council November 28, 2023 Agenda Number:6.11 To:Dave Callister, City Manager Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator Item:Adopt updated polling locations for 2024 elections 1.Action Requested: Adopt attached resolution approving updated polling locations for 2024 elections replacing resolution 2023-285. 2.Background: Per Minnesota Statute 204B.16, cities must designate by ordinance or resolution any changes to a polling place location by December 31 of each year. Additionally, polling places must be designated 90-days in advance of an upcoming election, so with the March 5, 2024 Presidential Nomination Primary Election, polling place resolutions are due by December 6, 2023. The City Council adopted Resolution 2023-285 designating the 2024 polling locations at the November 14 City Council meeting. On November 19, the congregation members of Peace Lutheran Church voted to discontinue as a congregation effective January 14, 2024. This site has been a polling location for several years and currently serves as Precinct 6. With the recent news of the congregation discontinuing and the uncertainty regarding the future use of the site, staff recommends no longer using Peace Lutheran Church as Precinct 6. Staff recommends adopting an updated resolution designating the new polling location for Precinct 6 to Glory of Christ Lutheran Church, 4040 Co Rd 101 (previously Precinct 4) and designating the new polling location for Precinct 4 to the Wayzata Public Schools Creekside Building, 16000 41st Avenue North. These two changes will allow for both polling locations to be located within their respective precinct boundaries. Wayzata Public Schools recently renovated the Creekside Building to serve as their school board room and as a district training facility, which will continue to operate out of this location even after the district administrative offices move to their new location. Registered voters with polling place changes will be notified of their new polling locations. Staff has attached a polling location map. 3.Budget Impact: Facility fees are included in the 2024 budget. 76 4.Attachments: Polling Location Map City Council Resolution 2023-296 77 N:\PROJECTS\ELECTIONS\polling_locations\m xd THIS RE PRESENTS A COMPILATION OF INFORMATION AND DATA FROM CITY, COUNTY, STATE AND OTHER SOURCES THAT HAS NOT BEEN FIELD VERIFIED. INFORMATION SHOULD BE FIELD VERIFIED AND COMPARED WITH ORINGIAL SOURCE DOCUMENTS. 0 1 Miles C o R d N o 6 Co Rd No 101 Co Rd No 6 Co Rd No 24 Co Rd No 101 Co Rd No 101 North w e s t B l v d ( C o R d N o 6 1 ) Xenium Ln (Co Rd No 61) R o ckford R d (C o R d N o 9 ) C o R d N o 6 Northwest Blv d (CoRdNo 6 1 ) OldRockfordRd Bass Lake Rd (Co Rd No 10) Rockf o r d R d N orth w est Blvd Schmidt Lake Rd StHwy55 StHwy55 StHwy55 MedinaRd 36th Ave C h e s h ir e P k w y Medicine Lake Bass L ake Parkers Lake MooneyLake Pike Lake Gleason Lak e SchmidtLake Hadley Lake Curtis Lake LostLake Turtle Lake Po merleauLake LakeCamelot KreatzLake CavanaughLake Sn yderLake HiddenLake 2 & 3 5 6 10 8 7 20 13 14 16 15 17 & 19 11 21 124 9 1 18 11 6 10 12 13 2120 17 19 2 14 4 5 15 16 8 9 7 181 3 55 101 6 10 73 9 24 61 169494 2024 Polling Locations November 2023 78 CITY OF PLYMOUTH RESOLUTION NO. 2023-296 RESOLUTION APPROVING POLLING LOCATIONS FOR THE 2024 ELECTIONS AND REPEALING RESOLUTION NO. 2023-285 WHEREAS, per Minnesota Statute 204B.16, cities are required to approve any changes to polling locations by December 31 for the following year; and WHEREAS, the polling locations for Precincts 4 and 6 have been changed since the adoption of Resolution No. 2023-285 on November 14, 2023; and WHEREAS, this resolution repeals and replaces Resolution No. 2023-285 approving polling locations for the 2024 elections. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the following locations are approved as polling locations for 2024: Ward 1 1 Hamel VFW Post 5903 19020 Hamel Road 2 Plymouth Covenant Church 4300 Vicksburg Lane North 3 Plymouth Covenant Church 4300 Vicksburg Lane North 4 Wayzata Public Schools Creekside Building 16000 41st Avenue North 5 Plymouth Community Center 14800 34th Avenue North Ward 2 6 Glory of Christ Lutheran Church 4040 County Road 101 North 7 Messiah United Methodist Church 17805 County Road 6 8 Parkers Lake Baptist Church 14720 County Road 6 9 Westgate Church 705 County Road 101 North 10 St. Philip the Deacon Lutheran Church 17205 County Road 6 Ward 3 11 Pilgrim United Methodist Church 4325 Zachary Lane North 12 FAIR School at Pilgrim Lane 3725 Pilgrim Lane North 13 Vision of Glory Lutheran Church 13200 Highway 55 14 Armstrong Senior High School 10635 36th Avenue North 15 West Medicine Lake Community Club 1705 Forestview Lane North 16 Fourth Baptist Church 900 Forestview Lane North Ward 4 17 Minneapolis Laestadian Lutheran Church 13030 47th Avenue North 18 Bass Lake Park Building at Bass Lake Playfield 5450 Northwest Boulevard 19 Minneapolis Laestadian Lutheran Church 13030 47th Avenue North 20 Plymouth Community Center 14800 34th Avenue North 21 Zachary Lane Elementary School 4350 Zachary Lane North APPROVED by the City Council on this 28th day of November, 2023. 79 Regular City Council November 28, 2023 Agenda Number:7.1 To:Dave Callister, City Manager Prepared by:Natalie Dorcy, Office Support Representative Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator Item:Public Hearing on wine and on-sale 3.2 percent malt liquor license applications of M & W INC d/b/a Kyuramen, 4345 Nathan Lane North, Suite O 1.Action Requested: Adopt attached resolution approving wine and on-sale 3.2 percent malt liquor license applications of M & W INC d/b/a Kyuramen, 4345 Nathan Lane North, Suite O. 2.Background: M & W INC d/b/a Kyuramen is an existing restaurant located at 4345 Nathan Lane North, Suite O. Kyuramen serves Japanese ramen and other unique dishes, they currently have 20 locations across the United States. This location has an indoor seating capacity of 118 where guests can consume wine and beer. The consumption of wine and beer will not be permitted outside the front door. The Police Department has conducted their background investigation and has found no reason to deny the license. Notification was provided to property owners within 500 feet of the site. 3.Budget Impact: City has received required license fees. 4.Attachments: Location Map Property Owners within 500' Floor Plan City Council Resolution 2023-297 80 He nn epin Co u n ty L oc ate & N o tify Map 0 200 400100 Feet Da te : 11 /1/20 23 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 81 40 12-118-22 34 0048 GRAMERCY PARK COOP PLYMOUTH 10400 45TH AVE N PLYMOUTH MN 55442 40 12-118-22 43 0037 PLYMOUTH PONDS LLLP %THIES & TALLE ENTERPRISES 470 78TH ST W #260 CHANHASSEN MN 55317 40 12-118-22 43 0038 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD PLYMOUTH MN 55447 40 12-118-22 44 0004 BIGOS MANAGEMENT INC 8325 WAYZATA BLVD STE 200 GOLDEN VALLEY MN 55426 40 13-118-22 12 0003 COLUMBIA II ROCKRIDGE CENTER C/O PROPERTY TAX DEPT P.O. 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JENNIFER COOLIDGE 4350 TRENTON LA N #320 PLYMOUTH MN 55442 40 13-118-22 21 0159 HASSAN A TABATABAEE MOZHDEH RAJAEI 11455 42ND AVE N PLYMOUTH MN 55441 40 13-118-22 21 0160 PATRICIA S MCANINCH 4350 TRENTON LA N #322 PLYMOUTH MN 55442 40 13-118-22 21 0161 PAUL R LARSON/ALESE J LARSON 4350 TRENTON LANE N #323 PLYMOUTH MN 55442 40 13-118-22 21 0199 DANA SPEICH & JON SPEICH 11445 ROSEMILL CT CHAMPLIN MN 55316 40 13-118-22 21 0200 C A BIRKHOLZ REVOCABLE TRUST 3489 PILGRIM LN N PLYMOUTH MN 55441 40 13-118-22 21 0201 CLEO J BUCHHOLZ 4300 TRENTON LA N #2103 PLYMOUTH MN 55442 40 13-118-22 21 0202 JOAN MARIE MICHAUD PO BOX 769 WAYZATA MN 55391 40 13-118-22 21 0203 AMELEWORK A ZELEKE 4300 TRENTON LA N #2105 PLYMOUTH MN 55442 40 13-118-22 21 0204 BRUCE E BUTLER PATRICIA L BUTLER 10080 KILMER LN N MAPLE GROVE MN 55369 40 13-118-22 21 0205 LOGAN HANSON/BRITTANY HANSON LYLE HANSON/BECKY HANSON 4300 TRENTON LA N #2107 PLYMOUTH MN 55442 40 13-118-22 21 0206 MICHAL HAIMOV/YAAKOV NAHMIAS 3412 OAK RIDGE RD #306 MINNETONKA MN 55305 40 13-118-22 21 0207 KATHLEEN HARMS 4300 TRENTON LA N #2109 PLYMOUTH MN 55442 40 13-118-22 21 0208 SETH DEAN GREENWALDT HEIDI GREENWALDT 4285 BALSAM LA N PLYMOUTH MN 55441 40 13-118-22 21 0209 CHERYL A ECKERMAN 4300 TRENTON LA N #2111 PLYMOUTH MN 55442 40 13-118-22 21 0210 KATHRYN J ROEGLIN 4300 TRENTON LA N #2112 PLYMOUTH MN 55442 40 13-118-22 21 0211 BROOKE NORTHFIELD 4300 TRENTON LA B APT 2113 PLYMOUTH MN 55442 40 13-118-22 21 0212 DOROTHY J HEINONEN 4300 TRENTON LA N #2114 PLYMOUTH MN 55442 40 13-118-22 21 0213 VASILY PANYUSHKIN IRINA PANYUSHKINA 4300 TRENTON LA N #2115 PLYMOUTH MN 55442 40 13-118-22 21 0214 STEPHEN G DENNIS CAROL A DENNIS 4205 JUNEAU LA N PLYMOUTH MN 55446 40 13-118-22 21 0215 ROGER G CUPP 4300 TRENTON LA N #2117 PLYMOUTH MN 55442 40 13-118-22 21 0216 JUDITH A SAVAGE 4300 TRENTON LA N #2118 PLYMOUTH MN 55442 40 13-118-22 21 0217 TIMOTHY H JONES 14170 - 47TH AVE N PLYMOUTH MN 55446 40 13-118-22 21 0218 JUDITH M EATON 4300 TRENTON LA N #2120 PLYMOUTH MN 55442 40 13-118-22 21 0219 DOROTHY MCGLAUCHLIN C/O TAD JUDE 7443 FERNBROOK LANE N MAPLE GROVE MN 55311 40 13-118-22 21 0220 ROGER VRIEZE 4300 TRENTON LA N #122 PLYMOUTH MN 55442 40 13-118-22 21 0221 DEBORAH L ARF 4300 TRENTON LA N #2123 PLYMOUTH MN 55442 40 13-118-22 21 0222 VLADISLAV PALEY EDUARD PALEY 4300 TRENTON LA N #2200 PLYMOUTH MN 55442 40 13-118-22 21 0223 TERRI L THIHER 625 BROCKTON LA N PLYMOUTH MN 55447 85 40 13-118-22 21 0224 SARAH JO STENKLYFT 4300 TRENTON LA N UNIT 202 PLYMOUTH MN 55442 40 13-118-22 21 0225 JARLE JOHNSON 4300 TRENTON LANE UNIT 203 PLYMOUTH MN 55442 40 13-118-22 21 0226 PAMELA J ERICKSON 4300 TRENTON LA APT 204 PLYMOUTH MN 55442 40 13-118-22 21 0227 E J & M A STEJSKAL 4300 TRENTON LA N #2205 PLYMOUTH MN 55442 40 13-118-22 21 0228 ERIC R OSTERGAARD 5643 GREEN CIRCLE DR #106 MINNETONKA MN 55343 40 13-118-22 21 0229 ALL STREET INC 3320 NAVARRE LA ORONO MN 55391 40 13-118-22 21 0230 MICHAL HAIMOV YAAKOV NAHMIAS 4300 TRENTON LA N #2208 PLYMOUTH MN 55442 40 13-118-22 21 0231 J G SENGER & SUSAN SENGER ANGELA E SENGER 3124 AQUILA AVE N CRYSTAL MN 55427 40 13-118-22 21 0232 AHMED JAMA AHMED 4300 TRENTON LA N #2210 PLYMOUTH MN 55442 40 13-118-22 21 0233 JO A BONESTROO 4300 TRENTON LANE #211 PLYMOUTH MN 55442 40 13-118-22 21 0234 ROBERT W JOHNSON MARY C JOHNSON 4300 TRENTON LA N #2212 PLYMOUTH MN 55442 40 13-118-22 21 0235 ILENE M WOOD 4300 TRENTON LA N #213 PLYMOUTH MN 55442 40 13-118-22 21 0236 JOANNE PROVO 3509 IRVING AVE S UNIT B MINNEAPOLIS MN 55408 40 13-118-22 21 0237 LEEANN STAROSTA 5430 SYCMORE LA N PLYMOUTH MN 55442 40 13-118-22 21 0238 HASSAN ALI TABATABAEE 4300 TRENTON LA N #2216 PLYMOUTH MN 55442 40 13-118-22 21 0239 NIKOL SHAPIRO 4300 TRENTON LA N #2217 PLYMOUTH MN 55442 40 13-118-22 21 0240 MICHAEL J JOHNSON 4300 TRENTON LANE #218 PLYMOUTH MN 55442 40 13-118-22 21 0241 TAYLOR ZIERMANN 4300 TRENTON LA N #2219 PLYMOUTH MN 55442 40 13-118-22 21 0242 JONATHAN W LAMMI 4300 TRENTON LA N #2220 PLYMOUTH MN 55442 40 13-118-22 21 0243 LYNDA C DUNCAN 408 SOUTH 197TH ST ELKHORN NE 68022 40 13-118-22 21 0244 ASHLEY M SALCHERT 4300 TRENTON LA N #2222 PLYMOUTH MN 55442 40 13-118-22 21 0245 DEBORAH A DAVIS 4300 TRENTON LA #2223 PLYMOUTH MN 55442 40 13-118-22 21 0246 EVAN L LINDQUIST 4300 TRENTON LA #300 PLYMOUTH MN 55442 40 13-118-22 21 0247 MICHAEL A CROSS-SCHMITZ 4300 TRENTON LA N #2301 PLYMOUTH MN 55442 40 13-118-22 21 0248 KARI A BRANDES 4300 TRENTON LA N #302 PLYMOUTH MN 55442 40 13-118-22 21 0249 JOHN HNATH MARY ELLEN DORR HNATH 4300 TRENTON LA N #2303 PLYMOUTH MN 55442 40 13-118-22 21 0250 LINDA BENSON 4300 TRENTON LANE #304 PLYMOUTH MN 55442 40 13-118-22 21 0251 DAVID BRUCE HOLM 3522 169TH LA N W ANDOVER MN 55304 40 13-118-22 21 0252 SARAH HAZUKA 4300 TRENTON LA N #2306 PLYMOUTH MN 55442 40 13-118-22 21 0253 ANUP LIMAYE KULKAMI ASHWIN NANDKUMAR 7333 GALLAGHER DR #D333 EDINA MN 55435 86 40 13-118-22 21 0254 LORRAINE R RIECK 4300 TRENTON LANE #308 PLYMOUTH MN 55442 40 13-118-22 21 0255 LAURA L KING 4300 TRENTON LA N #2309 PLYMOUTH MN 55442 40 13-118-22 21 0256 KATHLEEN K RASSIER 4300 TRENTON LA N #2310 PLYMOUTH MN 55442 40 13-118-22 21 0257 CATHERINE STENZEL 4300 TRENTON LA N #2311 PLYMOUTH MN 55442 40 13-118-22 21 0258 ROBERT M OSTVIG 4300 TRENTON LA N #2312 PLYMOUTH MN 55442 40 13-118-22 21 0259 SHANA DENNY 4300 TRENTON LA N #2313 PLYMOUTH MN 55442 40 13-118-22 21 0260 MICHAEL D ANDERSON 4300 TRENTON LA N #2314 PLYMOUTH MN 55442 40 13-118-22 21 0261 ANDREA ROLNICKI 4300 TRENTON LA N #2315 PLYMOUTH MN 55442 40 13-118-22 21 0262 DOROTHY ELLEN MARTIN VOIGT 4300 TRENTON LA N #2316 PLYMOUTH MN 55442 40 13-118-22 21 0263 MARCIA E HYGRELL 4300 TRENTON LA N #2317 PLYMOUTH MN 55442 40 13-118-22 21 0264 ROBERT E CHARBONNEAU JR 4300 TRENTON LA N #2318 PLYMOUTH MN 55442 40 13-118-22 21 0265 JOSEPH STORMS 4300 TRENTON LA N #2319 PLYMOUTH MN 55442 40 13-118-22 21 0266 BRANDI K MATTIA 4300 TRENTON LN N APT 320 PLYMOUTH MN 55442 40 13-118-22 21 0267 REBECCA A JECHOREK 4300 TRENTON LA N #2321 PLYMOUTH MN 55442 40 13-118-22 21 0268 ETHEL MARIE BOWMAN 4300 TRENTON LA N #2322 PLYMOUTH MN 55442 40 13-118-22 21 0269 CHARLES FOX 4300 TRENTON LA N #2323 PLYMOUTH MN 55442 40 13-118-22 21 0311 HUMMINGBIRD COVE LLC 1000 22ND ST W MPLS MN 55405 40 13-118-22 21 0312 HUMMINGBIRD COVE LLC 1000 WEST 22ND ST MPLS MN 55405 40 13-118-22 21 0369 SHAWN MAKELKE 10475 43RD AVE N PLYMOUTH MN 55442 40 13-118-22 21 0370 BRUCE & VICTORIA HAGBERG 10455 43RD AVE N PLYMOUTH MN 55442 40 13-118-22 21 0371 MARTIN MANDEL 10435 43RD AVE N PLYMOUTH MN 55442 40 13-118-22 21 0372 JAYNE HOESE-BERGE 10415 43RD AVE N PLYMOUTH MN 55442 40 13-118-22 24 0031 LAM TU 4235 REVERE LA N PLYMOUTH MN 55441 40 13-118-22 24 0032 TERENCE MIRANDA 10315 OLD ROCKFORD RD PLYMOUTH MN 55441 40 13-118-22 24 0033 PAUL E ANDERSON 4225 REVERE LA N PLYMOUTH MN 55441 40 13-118-22 24 0034 BRADLEY W GILBERT 4215 REVERE LA N PLYMOUTH MN 55441 40 13-118-22 24 0047 JOHN E & KATHRYN E MC KENZIE 4250 TRENTON LANE N PLYMOUTH MN 55441 40 13-118-22 24 0048 MATTHEW BACON & KATIE BACON 4260 TRENTON LA N PLYMOUTH MN 55441 87 Ve s t i b u l e 2 Wo m e n ' s R e s t r o o m Me n ' s R e s t r o o m Ki t c h e n 2 Wa l k - i n C o o l e r Wa l k - i n F r e e z e r +/ - 5 6 ' +/ - 2 4 ' +/ - 2 2 ' +/ - 4 4 ' +/ - 3 6 ' +/ - 3 9 ' +/ - 2 ' +/ - 8 ' +/ - 6 ' +/ - 1 5 ' +/ - 1 8 ' +/ - 6 ' +/ - 1 ' 9' - 3 " 10 ' - 4 " 6'- 1 1 " 13 ' - 8 " 7' - 1 1 " 13 ' - 5 " 17 ' - 4 " 7'- 6 " 14 ' - 2 " 5' - 5 " 13 ' - 9 " 17 ' - 4 " 8' - 1 " 10 ' - 2 " 5' - 2 " 8'- 6 " 13 ' - 3 " 8' - 1 " 6'- 1 1 " 8' - 6 " 8'- 2 " Japanese Torii Water Heater Mop Sink Watier Station Watier Station 7’3“6’9’ 6’ 4’ 3’ 2’8“ 14’6“ 12’ 3’ 12’ 7’ 5’11”5’11”5’11”5’11”5’11”5’11” 5’6“ 3’6“6’5’ ice Maker S.S. working table Worktop Freezer Worktop Refrigerator Worktop Refrigerator Gas Rice Cooker 2 15 12 1 34 6 5 H 18 19 20 22 21 21 B 23 17 G E 10 Reception 6’ ROOM ROOM ROOM ROOM Bamboo Poles Wall ROOMROOM Bamboo Poles Wall SH E L F I N G SH E L F I N G 6’ 5’14’3’9’ 1’10“ 9’ ROOM Opening Window 78 13 16 10 21 18. POS System 19. Blender 20. Refrigerated Prep Table (36WX29DX32.5H) 110V 21. Drop in Ice Bin 22. Cake Display Unit (36WX22DX60H) 110V 23. Induction Cooktop 110V 1. Gas Stock Pot Range (18.25WX22.25DX17H) 3. 4 Burner Hotplate (36WX15.25DX12.5) 5. Gas 70-100 lb. Floor Fryer (34.25X21X47.5) 15. Refrigerated Prep Table (48WX29DX32.5H) 110V 4. 6 Pasta Cooker (22WX34DX36H) A. Hand Wash Sink (12WX12D) B. Hand Wash Sink (14WX16D) K. Wash sink (30WX24D) D. 3 compartment sink (126WX30DX36.5H) E. Wash sink (23WX24D) G. Working Table F. DishWasher Machine (24WX24D) H. Working table with wash sink (48WX36D) 9. Reach-In Freezers 52" (52WX32DX82H) 10. Refrigerators 52" (52WX32DX82H) 11. 48" Worktop Freezer (48WX30DX37H) 12. 48" Worktop Refrigerator (48WX30DX39H) 13. Gas Rice Cooker 110 Cup (19WX19DX18H) 2. Gas Stock Pot Range(2 Burner) (18.25WX42DX17H) 16. Ice Maker(Need Inlet pipe) (30WX34DX77H) 220V 17. Hot water dispenser(Need Inlet pipe) (10WX25DX35H) 220V 7. Natural Gas 6 Burner Range (36WX30DX60H) 8. Natural Gas 4 Burner Range (24WX30DX60H) 6. Gas 50 lb. Floor Fryer (34.25X16X47.5) 88 CITY OF PLYMOUTH RESOLUTION NO. 2023-297 RESOLUTION APPROVING WINE AND ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE APPLICATIONS OF M & W INC D/B/A KYURAMEN, 4345 NATHAN LANE NORTH, SUITE O WHEREAS, M & W INC d/b/a Kyuramen, 4345 Nathan Lane North, Suite O, hassubmitted applications for Wine and On-Sale 3.2 Percent Malt Liquor for a restaurant located at 4345 Nathan Lane North, Suite O; and WHEREAS, the Police Department has conducted a background investigation and has found no reason to deny the application. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the Wine and On-Sale 3.2 Percent Malt Liquor License applications of M & W INC d/b/a Kyuramen, 4345 Nathan Lane North, Suite O, are approved for a license period that will expire January 31, 2024. BE IT FURTHER RESOLVED that approval is contingent upon the city receiving all documentation as required in the liquor license application. APPROVED by the City Council on this 28th day of November, 2023. 89 Regular City Council November 28, 2023 Agenda Number:7.2 To:Dave Callister, City Manager Prepared by:Natalie Dorcy, Office Support Representative Reviewed by:Jodi Gallup, City Clerk/Administrative Coordinator Item:Public Hearing on wine and on-sale 3.2 percent malt liquor license applications of L & P Enterprises, LLC d/b/a Lucky Street Thai Street Food And Sushi, 1400 County Road 101, Unit I 1.Action Requested: Open public hearing and continue until December 12. 2.Background: L & P Enterprises, LLC purchased Lucky Street from Tiger Sushi LLC on September 5, 2023 and entered into a lease agreement with MS GANDY, LLC on September 15, 2023 for the existing restaurant located at 1400 County Road 101, Unit I. L & P Enterprises, LLC has added onto the original name and will now be doing business as Lucky Street Thai Street Food And Sushi. Besides the name change, they intend on keeping everything the same as the original restaurant. Guests can continue to consume wine and beer indoors with the seating capacity remaining at 45. The outdoor patio was approved by the Planning Department in 2019 and is able to seat 12. The Police Department is in the process of conducting their background investigation. Notification was provided to property owners within 500 feet of the site. 3.Budget Impact: City has received required license fees. 4.Attachments: Location Map Property Owners within 500' Floor Plans Resolution (item tabled until December 12) 90 He nn epin Co u n ty L oc ate & N o tify Map 0 200 400100 Feet Da te : 11 /8/20 23 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us 91 40 29-118-22 32 0003 IND SCHOOL DIST NO 284 P O BOX 660 WAYZATA MN 55391 40 29-118-22 33 0003 KIMBERLY MEADOWS 470 W 78TH ST #260 CHANHASSEN MN 55317 40 29-118-22 33 0009 JOHN/AMY BRUSEGAARD 1350 CO RD NO 101 PLYMOUTH MN 55447 40 29-118-22 33 0010 NEMESIS CAROLINE SANCHEZ 1330 CO RD 101 N PLYMOUTH MN 55447 40 29-118-22 33 0011 SHAWNA KENYON 1310 CO RD NO 101 PLYMOUTH MN 55447 40 29-118-22 33 0012 LAVERN M ROD 17340 13TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0013 R A BRAGER & M A ALLEN SR 17330 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0014 JOHN S PAROD 17320 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0015 MITCHELL DREXLER JESSICA DAHLHEIMER 17310 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0016 DAVID F MEUWISSEN DANIEL J MEUWISSEN 17300 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0017 HPA US1 LLC 120 S RIVERSIDE PL STE 2000 CHICAGO IL 60606 40 29-118-22 33 0018 RICHARD G HOLCOMB 17220 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0019 LAWRENCE M SCHNACK 17210 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0026 JOEY K ABRAHAMSON & JACKIE L SECHTER-ABRAHAMSON 17301 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0027 LESLIE A & SCOTT H KURTZ 17221 14TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0028 CATHERINE E PORTER 10624 ADMIRAL COURT OKLAHOMA CITY OK 73162 40 29-118-22 33 0033 LLOYD F WYSOCKI 17210 13TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0034 LAMON & LANETTE MARCHBANKS 17220 13TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0035 DANIEL P VAN HORN 17300 13TH AVE N PLYMOUTH MN 55447 40 29-118-22 33 0041 MS GANDY LLC 3980 PRINCETON AVE MINNEAPOLIS MN 55416 40 29-118-22 33 0042 MS GANDY LLC 3980 PRINCETON AVE MINNEAPOLIS MN 55416 40 29-118-22 33 0044 LUTHERAN CH ST PHILIP DEACON 17205 CO RD NO 6 PLYMOUTH MN 55447 40 29-118-22 33 0045 CVS 1 CVS DRIVE WOONSOCKET RI 02895 40 30-118-22 44 0010 BIGOS-OAKWOOD L L C 8325 WAYZATA BLVD STE 200 GOLDEN VALLEY MN 55426 40 30-118-22 44 0011 COMMERCIAL REALTY ADVISORS 6105 KAYMAR DR EDINA MN 55436 40 30-118-22 44 0012 DRF PLYMOUTH DENTAL LLC 7101 78TH ST W STE 100 MINNEAPOLIS MN 55439 40 31-118-22 11 0036 JOSEPH W HOFFMAN 17510 13TH AVE N PLYMOUTH MN 55447 40 31-118-22 11 0037 JASON M GREENE 17520 13TH AVE N PLYMOUTH MN 55447 40 32-118-22 22 0020 BEVERLY G BREILAND LIV TRUST 17315 13TH AVE N PLYMOUTH MN 55447 40 32-118-22 22 0022 LANCE DANIEL KRAEMER LINDSAY ROSE FARKAS 17325 13TH AVE N PLYMOUTH MN 55447 92 40 32-118-22 22 0023 DAVE M ROD 17335 13TH AV N PLYMOUTH MN 55447 40 32-118-22 22 0030 JOHN A MOHS 1250 CO RD NO 101 PLYMOUTH MN 55447 93 94 95 96 97 CITY OF PLYMOUTH RESOLUTION NO. 2023- RESOLUTION APPROVING WINE AND ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE APPLICATIONS OF L & P ENTERPRISES, LLC D/B/A LUCKY STREET THAI STREET FOOD AND SUSHI, 1400 COUNTY ROAD 101, UNIT I WHEREAS, L & P ENTERPRISES, LLC d/b/a Lucky Street Thai Street Food And Sushi, 1400 County Road 101, Unit 1, has submitted applications for Wine and On-Sale 3.2 Percent Malt Liquor for a restaurant located at 1400 County Road 101, Unit I; and WHEREAS, the Police Department has conducted a background investigation and has found no reason to deny the application. NOW,THEREFORE,BEITHEREBYRESOLVEDBYTHECITYCOUNCILOFTHECITYOFPLYMOUTH, MINNESOTAthat the Wine and On-Sale 3.2 Percent Malt Liquor License applications of L & P ENTERPRISES, LLC d/b/a Lucky Street Thai Street Food And Sushi, 1400 County Road 101, Unit 1, are approved for a license period that will expire January 31, 2024. BE IT FURTHER RESOLVED that approval is contingent upon the city receiving all documentation as required in the liquor license application. APPROVED by the City Council on this 12th day of December, 2023. 98 Regular City Council November 28, 2023 Agenda Number:8.1 To:Dave Callister, City Manager Prepared by:Chris McKenzie, Engineering Services Manager Reviewed by:Michael Thompson, Public Works Director Item:Approve contract extension for recycling services including addition of curbside organic collection 1.Action Requested: Adopt attached resolution approving a three-year contract extension with Republic Services for recycling services and adding a four-year term for city-organized curbside collection of source-separated organic materials. 2.Background: At the September 26, 2023 City Council meeting, staff received direction from council to finalize negotiations of a contract extension with Republic Services for recycling collection services and adding city-wide curbside collection of source-separated organic materials. The proposed contract extension is for three additional years for single sort recycling (2025-2027) which includes ancillary services such as the centralized recycling drop-off site, servicing garbage and recycling to municipal facilities, and participation in the annual spring Drop-Off Day event. The proposed contract also includes adding a four-year term of providing city-wide curbside collection of source-separated organic materials (2024-2027). Collection of source-separated organic materials would begin March 6, 2024, and function similarly to the current curbside recycling program. Licensed haulers would no longer be required to offer curbside collection of source-separated organic materials to their customers. The proposed contract would also include collection of centralized organics recycling adjacent to the existing recycling drop-off site. This contract extension has been reviewed by the City Attorney. The proposed contract extension rates were included in the 2023 Utility Rate Study presented to council earlier this year. 3.Budget Impact: Pricing for single sort recycling collection would be set at $4.75 per month in 2025, with a 4% annual increase through 2027. Organics curbside collection is based on the percentage of properties participating. For 2024, rates range from $3.00 per month for up to 10% participation to $6.00 per month for up to 50% participation, with a 4% annual increase through 2027. It is anticipated the organics rate would start on the low end of $3.00. However, that may increase over the contract period as participation in organics increases. Costs are accounted for in the proposed 2024 Solid Waste Fund and would be funded through utility billing. 99 4.Attachments: 2019-2024 Republic Recycling Contract Contract Extension City Council Resolution 2023-298 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 1 FIRST AMENDMENT TO AGREEMENT FOR MUNICIPAL RECYCLING SERVICES This FIRST AMENDMENT TO AGREEMENT FOR MUNICIPAL RECYCLING SERVICES is made the ___ day of ______________________, 2023 by and between Allied Waste Services of North America, LLC, a Delaware limited liability company d/b/a Republic Services of the Twin Cities-Eden Prairie (hereinafter “Contactor”) and the City of Plymouth, a Minnesota municipal corporation (hereinafter “City”). RECITALS WHEREAS, Contractor and City entered into an Agreement for Municipal Recycling Services on April 24, 2018 and effective January 1, 2019 (hereinafter “Original Agreement); and WHEREAS, the Original Agreement expires on December 31, 2024; and WHEREAS, the Contractor and the City wish to extend the Original Contract through to December 31, 2027; and WHEREAS, the City wishes to add weekly curbside collection of source-separated organic materials (hereinafter “SSOM”) to the services provided under the Original Agreement beginning March 6 2024; and WHEREAS, Contractor is willing and able to provide weekly curbside collection of SSOM beginning March 6, 2024. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Contractor and City agree as follows: 1. Section 1 of the Original Agreement is amended by deleting it entirely and substituting the following language: 1. Contract Documents The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. First Amendment to Agreement for Municipal Recycling Services B. Municipal Recycling Services Agreement dated April 24, 2018 between the City of Plymouth, and Allied Waste Services of North America, LLC. a Delaware limited liability company, d/b/a Republic Services of the Twin Cities-Blaine, effective January 1, 2019 through December 31, 2024. C. Specifications, Exhibit “A” to this First Amendment D. Compensation, Exhibit “B” to this First Amendment E. Trash Collection, Exhibit “C” to this First Amendment 132 2 F. Special Collection/Drop Off Day, Exhibit “D” In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts, with Contract Document A having the first priority, and Contract Document Exhibit F having the last priority. Residential collection shall occur on Wednesdays, Thursdays, and Fridays, except for changes due to holidays, weather events, and other unscheduled interruptions. Single Sort Recycling will maintain the current schedule, and SSOM organics collection will begin Wednesday, March 6, 2024. 2. Section 2 of the Original Agreement is amended by deleting it entirely and substituting the following language: 2. Compensation for Services Compensation for Services: The City agrees to pay the Contractor for services as described in Exhibit B attached and made part of this First Amendment. 3. Section 3 of the Original Agreement is amended by deleting it entirely and substituting the following language: 3 Method of Payment The Contractor shall submit itemized invoices for services provided to the City on a monthly basis. The Contractor shall provide documentation and reports as required by the City in Exhibit A. Approved invoices will be paid based on the City's normal reimbursement schedule. The City processes all approved invoices within 30 days of receipt. The City will not approve penalty payments for past due dates. The City may withhold payment including, but not limited to, defective service or work, failure to meet obligations as proposed or contracted, or resulting contract and damages, or for not submitting reports. The City bills residents directly for recycling services. The Contractor may invoice residents directly only if the resident is a customer and has requested extra collection, regular trash service, a special collection, or a special service. The Contractor may not invoice residents directly for regular collection of curbside recycling services. 4. Section 8 of the Original Agreement is amended by deleting it entirely and substituting the following language: 4. Term of this Agreement The term of this agreement shall be from January 1, 2019 through December 31, 2027, the date of signature by the parties notwithstanding. This Agreement may be extended upon the written mutual consent of the parties for additional three-year periods as they deem appropriate, and upon the terms and conditions as herein stated. 5. Section 14 of the Original Agreement is amended by deleting it entirely and substituting the following language: 133 3 14 Market Indices to calculate Revenue Sharing The Market Indices for selected materials are used to establish the revenue sharing for selected materials. The reported sale price may be more than the indices. The required monthly report will list cumulatively for all materials collected: the required market indices, the processing fee, the tons of material collected, the finished commodity value, the net amount per ton, the total dollar amount of revenue, and these amounts for the previous month. 6. Section 22 of the Original Agreement is amended by deleting it entirely and substituting the following language: 22. Performance and Payment Bonds This Agreement shall not be in effect until Contractor has provided, at no cost to the City, a performance bond, irrevocable letter of credit, or other financial guarantee acceptable to the City Attorney in the sum of $2,500,000 and executed by a corporate surety company or United States bank authorized to do business in the State of Minnesota to secure the faithful performance of this Agreement by Contractor conditioned that Contractor shall well and truly perform and carry out the covenants, terms, and conditions of the Agreement in accordance with its provisions, and shall not be cancelable during the term of this Agreement. 7. Exhibit A to the Original Agreement is amended by deleting it entirely and substituting the attached Exhibit A. 8. Recitals. The Recitals set forth above are hereby incorporated into this Agreement as though they were set forth in the body of this First Amendment to Agreement for Municipal Recycling Services (hereinafter “First Amendment”). 9. Priority of Contract Documents. In the event of a conflict among the provisions of the Contract Documents, this First Amendment shall control in resolving such conflicts. 10. Capitalized Terms. Any capitalized terms used in this First Amendment shall have the meaning given in the Original Agreement unless otherwise defined herein or the context otherwise requires. 11. Complete Amendment. This First Amendment supersedes all prior discussions and negotiations and contains all agreements and understandings between Contractor and City. 12. Terms and Conditions of Original Agreement. All other terms, covenants, and conditions of the Original Agreement remain in full force and effect except as modified by this First Amendment. 13. Effective Date. This First Amendment shall be effective March 6, 2024. 134 4 IN WITNESS WHEREOF the parties hereto have executed this First Amendment as of the day and year above written. ALLIED WASTE SERVICES OF NORTH AMERICA, LLC D/B/A REPUBLIC SERVICES OF THE TWIN CITIES-EDEN PRAIRIE By ______________________________________ Its _______________________________________ CITY OF PLYMOUTH By _______________________________________ Jeffry Wosje, Maayor Attest: ____________________________________ Dave Callister, City Manager 135 5 EXHIBIT A To First Amendment to Agreement for Municipal Recycling Services EXHIBIT A: RECYCLING COLLECTION, PROCESSING AND MARKETING SPECIFICATIONS 1. Introduction These specifications define the requirements of the RECYCLING COLLECTION PROGRAM for the City of Plymouth. The City has an opt-in citywide residential organics recycling program where source-separated organic materials (SSOM) are collected separate from all other materials. In accordance with State Law, all certified dwelling unit residents pay for the program, but may choose not to opt-in and participate. City grants to the Contractor the exclusive right to perform certain services at its locations in furtherance of which, the Contractor shall furnish all labor, materials, equipment, and perform all work for the collection and disposal of organics recycling for all Customers who opt-in, and municipal buildings. Organics recycling collection is optional for all residential customers, with approximately 10% currently opting in. In accordance with State Law, all residents pay for the program. Customers will be required to sign-up for the organics recycling program to receive an organics cart and service. Customers are required to place bagged SSOM into, Organics Carts for collection. At a minimum, the Source-Separate Organic Materials, as defined by Hennepin County as materials accepted for curbside organics collection must be collected. City may, in consultation with the Contractor, add or delete items from the list. 2. Definitions Cart: A container in three to four sizes {20-plus gallons to 90-plus gallons) with hinged lid and wheels, used for collection of solid waste, including recyclable material and organics. The standard curbside collection cart for SSOM is approximately 30-35 gallons. Certified Dwelling Unit (CDU): Means a single family home and each residential unit in a building up to an eight-plex, or townhouse complex. Residential units in structures (other than 136 6 townhouses) containing more than eight dwelling units may be designated as CDU's upon mutual agreement by the City and the Contractor. Collection Route: Means a contiguous geographic area that Contractor determines will be serviced by one collection vehicle and which may be used to measure collection progress. These routes and changes to the routes must be approved by the City. Collection Vehicle: Any vehicle licensed and inspected by the City, the County, the Minnesota Department of Transportation, and/or the U.S. Department of Transportation for collection of solid waste or recyclables. Contractor: Person or persons authorized by the City to perform recycling collection services on prescribed routes within Collection Districts in the City. Composition: Composition of recyclable materials are an estimated percentage based on the results of the Recycling Composition Analysis as required in this Agreement. Composting Facility: Facility permitted to process Yard Waste and/or Source Separated Organics in conformance with state and local regulations. Compostables/Composting: See Source Separated Organic Materials (SSOM) Compostable Bag(s): Compostable bags must meet all the specifications in ASTM Standard Specification for Compostable Plastics (D6400) compostable bags. Acceptable bags include paper lawn and leaf bags, paper grocery store bags, and certified compostable plastic bags. Education Tag: Means an information tag notifying residents about issues regarding their cart or recyclable materials. The tag contains information regarding preparation requirements. The driver leaves the tag at the residence on the cart. Household: Means a single-family household or a multi-family building unit that is eligible for City recycling collection services. Market indices for Purposes of Revenue Sharing: The published index price is specified in the RFP for purposes of calculating revenue sharing. The published index price shall serve as the basis 137 7 from which the processing fee is deducted for calculating the Contractor's amount of net revenue sharing for each commodity. Material Recovery Facility (MRF): The facility (or series of facilities) used for the receiving, sorting, processing, storing and other steps to prepare recyclable commodities for marketing and ultimately to be recycled. The facility conforms to all applicable rules, regulations and laws of state, local or other jurisdictions. A MRF does not include the end market facilities (e.g., mills) that manufacture new products from the recyclable commodities. Net Proceeds: The revenue received from the sale of all recyclable materials minus the agreed upon processing fees which are labor and equipment charges made by the Contractor handling the processing for sale of recyclables as set forth in Exhibit B. Not-out: A driver record that a cart was not at the curb at an address on the scheduled collection day by 7:00 a. m. Organics Recycling: The curbside collection of source separated organic materials, from each participating Household and transport to a Transfer Station or Composting Facility. Participation Rate or Set-Out Rate: The number of specific CDU's on a recycling route which set out recyclable material in carts at some point during a defined period of time (industry standard is one month) as a percentage of the overall number of eligible CDU ' s during that same defined period of time. Organics and single sort recycling shall be accounted independently of each other, using the same CDU for overall participation. Private roads: Private roads are surfaces for which the ownership and maintenance are the responsibility of individuals or entities which are not the City nor other government entities. Process Residuals: The material from the MRF that cannot be recycled, recovered, reused and must be disposed. Process residuals may include prohibited materials not acceptable in the City's curbside program and process loss derived from residual materials no longer marketable. Processing: The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the MRF for subsequent re-manufacturing or reuse. Processing Fee: The agreed upon unit fee allocated toward the Contractor's cost of processing the many types of recyclables. Program Element: There are two program elements within the City's comprehensive recycling system: (1) curbside, {2) drop-off. 138 8 Receiving Facility: The agreed upon location to which the Contractor delivers garbage, recycling, organics recycling and yard waste. The Receiving Facility shall either be a transfer facility or a final processing faci lity for materials contracted for collection to be delivered to. Contractor shall weigh each collection truck before and after unloading. Recyclable Materials or Recyclables: All items that would otherwise be disposed of as solid waste that are designated by the City, the County, or the State of Minnesota to be part of an authorized recycling program, which shall be either separated at the source by the generator, or by the collector or processor, for the purpose of recycling or remanufacturing, or for reuse. The recyclable materials or recyclables shall include the materials listed below and any other materials mutually agreed upon by the Contractor and the City in the future, collected as both Single Sort and Organics Recycling. Recycling Materials Revenue Report: A report supplied by Contractor, upon request, which outlines the revenue or credit to the City for sale of recyclables in a formula and format agreed upon by Contractor and City. Revenue Share: The revenue shared between the Contractor and the City from the sale of recyclable material collected in curbside residential carts and at the drop-off center after the cost of processing the various types of material is subtracted from the revenue. Single Sort Recycling: The system by which the generator places all recyclable materials together in one container, the materials are collected, processed at a MRF, and sorted into their individual marketable commodities. · Aseptic cartons, Gable top cartons: Cartons used to package milk, juice, broth, soup and other liquids, and dry products. · Boxboard packaging: used for food, storage in refrigerator, and dry goods, except boxes designed for frozen storage. · Corrugated cardboard: unless contaminated with food, or coated with wax or plastic. · Glass containers: all glass food and beverage containers. · Metal containers: aluminum, steel, bimetal food and beverage containers, and foil and foil trays not contaminated with food. · Mixed paper: direct mail, envelopes, school and office paper, receipts and bills, hard and soft-covered books, paper bags, notebooks, magazines, catalogs and phone books, and shredded paper. · Newspaper: including all paper inserts. · Other Recyclable Materials may also include other materials as mutually agreed upon by the City and Contractor. Recyclable materials also includes any and all solid waste items 139 9 designated by the Hennepin County Environmental Services Department to be part of an authorized recycling program, and which are intended for processing and re-manufacturing, or reuse. · Plastic: plastic containers and lids up to nine inches in diameter, except those containers that held hazardous waste. Plastic containers includes these types of plastic: polyethylene terephthalate (PETE, number 1), high density polyethylene (HDPE, number 2), polyvinyl chloride (PVC, number 3), low-density polyethylene (LDPE, number 4), polypropylene (PP, number 5), polystyrene (PS, number 6), and all Other (number 7), unless recycling of a plastic is not required under the laws of the state and local governments, then the plastic may be excluded from the program if mutually agreed upon by the City and the Contractor. Source Separated Organic Materials (SSOM) The portion of solid waste that is separated at the source by the generator for the purpose of food to animals, composting, or anaerobic digestion, defined by Hennepin County as eligible compostable materials, and may include food scraps, plant materials, compostable paper, and compostable products that have been tested and verified to meet the standards in ASTM D6400 or ASTM D6868. Does not include residential yard waste. Unacceptable Recyclable Materials: Materials which are prohibited from recycling or organics recycling streams as defined by State of Minnesota statutes and/or Hennepin County policies, or are not accepted by the Contractor, including hazardous waste. Walk-up Service: Door-to-curb collection of recyclables at designated CDU's upon request from the City for residents who request the service from the City and are approved by City staff to receive the service. The resident or customer stores the cart(s) near the house or garage. The Contractor "walks up" to collect the cart, brings it to the truck to empty the cart, and returns the cart to its original location. 3. Recyclable Material Preparation Contractor shall collect CDU recyclables that have been prepared by the residents as directed by the City. Sorting and preparation standards for materials will be "single sort" during the life of the Agreement. SSOM shall be placed into a designated SSOM cart by the originating user in a compostable bag, collected by a dedicated truck and route. 3.1 Manner of Collection The collection and transportation of recyclables by Contractor will, at no time, create a nuisance or become injurious to the public health of persons living either within or outside the corporate limits of the City. 4. Ownership of Materials All recyclable materials shall remain the responsibility of the resident, property owner, tenant or business establishment until handled by the Contractor at which point it becomes the responsibility and ownership of the Contractor. Title to and liability for Unacceptable Recyclable Materials shall at no time pass to the Contractor and shall remain with the generator of such waste 140 10 . 5. Revenue Sharing The Contractor shall provide the same level of revenue sharing for the residential curbside and Drop-Off Center recycling programs. However, tonnages shall be itemized separately per program on the monthly invoices and revenue sharing shall be itemized separately on the revenue report. 6. Residential Curbside Recycling Program Collection Requirements Every CDU shall receive curbside recycling collection services every other week and be able to opt-in for weekly year-round organics collection. The City of Plymouth is divided into five collection districts with collection on three different days each week. The Contractor shall not change the collection day for any curbside stop without the prior approval of the City. The Contractor will notify the City of any proposed route changes, and provide the City with any revised route, and all the collection maps at least once annually, and more frequently upon request by the City. 6.1 Carts Contractor will provide storage containers of a size, shape and design acceptable to the City. Any containers provided by Contractor shall remain Contractor's property. Contractor shall be responsible for cleaning up any material spilled from the cart. Carts must be maintained in good working condition at all times. Replacement shall be the responsibility of the Contractor. Organics cart will be supplied to residents who request them. 6.2 Collection Days Days of collection will be Wednesday, Thursday, and Friday of each week. If a holiday falls on or before a scheduled collection day in a particular week, recycling collection will be made on the day following the scheduled collection day. If the holiday falls on Friday, collection will be made on Saturday. If the holiday falls on a Saturday or Sunday, collection will continue as scheduled the following week. 6.2.1 Holidays The City designates six legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 6.3 Collection Hours Collection shall commence no earlier than 7:00 a.m., but no later than 9:00 a.m. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 5:00 p.m. on each scheduled collection day. Residents will be requested to have recyclable materials placed at the curb before 7:00 a.m. on the scheduled collection day. 6.4 Non-Completion of Collection and Extension of Collection Hours If the Contractor determines that the collection of recyclables will not be completed by 5:00 p.m. on the scheduled collection day, it shall notify the designated City staff person by 4:00 p.m. and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion, and the expected time of completion. If the designated City staff person cannot be reached, the Contractor shall 141 11 follow the agreed-upon method of communication to inform the City of the delay in collection. 6.5 Non-Compliant Missed Collections The Contractor shall have a duty to pick up any missed collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided the notice is received by the Contractor before 12:00 p.m. on a business day. With respect to all notices of a missed collection received after 12:00 p.m. on a business day, the Contractor agrees to pick up that missed collection before 12:00 p.m. on the business day immediately following the notice. 6.6 Severe Weather Recycling collection may be postponed due to severe weather in if the Contractor determine conditions are unsafe. Contractor shall consult with the City regarding the Collection recovery plan. Collection will be postponed to a day agreed upon by the Contractor and the City. Recycling collection may be postponed if the local temperature at 6:00 a.m. is at or below minus 20 degrees Fahrenheit, or if other dangerous conditions exist. 6.7 Point of Collection All residential recycling curbside collection will occur at the curb, as defined herein with the exception of designated walk-up service stops. Recycling carts shall be placed by the residents at curbside on collection day, with the handle toward the house and the lid opening toward street. The Contractor shall collect from each participating household, all acceptable materials that have been prepared according to publicized procedures. The driver is required to return carts to the same curbside location as set by the resident, unless the resident has set the cart in the street, on a sidewalk or trail, or in the middle of the private driveway. The Contractor shall make a conscious effort to return the cart with the lid closed and in a standing position. 6.7.1 Carts Drivers are required to record and report to the Contractor's dispatcher, the location of any recycling container that is damaged. The Contractor shall repair or replace damaged carts within one (1) week of the report of damage. 6.8 Walk-up Service The Contractor shall provide walk-up service to City designated CDU's upon request of the City at no extra charge. The City will endeavor to ensure that the service is provided only for those residents requesting the service as determined by the City. In the event walk- up service collection exceeds 0.5% of the total number of CDU's, City and Contractor may agree to negotiate financial compensation for the service. The City will not require the Contractor to enter a building or closed structure to service a property. If the Contractor and the customer agree that the property should be serviced by having the Contractor regularly enter a closed structure or building, the Contractor must provide the City with a copy of the walk -up service agreement signed by the customer and by the Contractor, 142 12 which agreement must include a City liability waiver. Twice annually in December and in May, the Contractor shall submit a current list of addresses receiving walk-up service. 6.9 Compliance with Driving and Hauling Laws Collection and transportation of all recyclable materials shall be accomplished in accordance with all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies. The Contractor will be properly licensed and insured to operate in the City of Plymouth, Hennepin County, and the State of Minnesota, and shall comply with all statutes, regulations, and ordinances of the state and local governments in the execution of the Agreement. 6.10 Weighing of Loads and Reporting Requirements The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight, and number of recycling stops for each loaded vehicle. The scale to be used by the Contractor may be certified and approved by the City. Copies of all weight tickets shall be maintained electronically by the Contract and provided to the City upon request. Contractor will also maintain up-to-date route maps, indicating the starting collection point for each route, these will be provided to the City upon request. 6.11 Procedure for Unacceptable Materials If the Contractor determines that materials set out are unacceptable, the driver shall use the following procedure. The driver shall leave all the unacceptable recyclable materials and leave an education tag. The tag is provided by the Contractor and approved by the City in the recycling container indicating unacceptable materials and/or the proper method of preparation. The driver shall record the address on forms provided by the Contractor. The Contractor shall report the addresses by the end of month to the City staff in an electronic format mutually agreed upon by the Contractor and City. 6.12 Public Education and Promotion The Contractor will participate in educating City residents on recycling and will seek to promote recycling in a manner mutually agreed upon by the City and the Contractor. The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified resident preparation instructions. Education efforts may include, but are not limited to, brochures, post cards, and cart hanging tags, cart information packets, signs, videos, presentations to classes and community groups, and events. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month prior to printing and distributing any such literature. The Contractor shall not distribute any education or promotional literature regarding the recycling program or waste reduction, without prior approval by City staff. The City will work with the Contractor to ensure recycling educational materials conform to Hennepin County Funding Policy requirements. The Contractor shall provide the City with industry-related information, educational materials, articles, video, and other material for City staff to publish or distribute as requested by the City, as well as assist in the development of brochures, articles, and other pieces at the request of the City. The Contractor shall work with the City in developing innovative financial incentives that will 143 13 help residents, multi-family owners and managers, businesses and institutions increase their recyclables and decrease their mixed solid waste. The Contractor may provide recycling instruction labels for single stream containers. This label may include concise material sorting instructions for residents. The label may be attached to the lid of the recycling cart, so it can be easily identified by the resident or customer and the Contractor's drivers as the container for recyclable materials collection. The Contractor shall participate in City-sponsored community events at the request of the City. Participation may include, but is not limited to, staffing an information booth, giving presentations, and displaying recycling trucks and equipment. Such participation shall be related to this Agreement, representative of the Plymouth recycling program, and not construed as an opportunity to prospect trash customers. The Contractor will provide education in alternate formats including, but not limited to electronic, online, video, in-person, events, and tours, and provide education that can be used in schools serving the Plymouth community. This education must address the State of Minnesota's solid waste management hierarchy and priorities. The education provided must be at the Contractor's cost, with no additional cost to the Cit y or schools. 6.13 Clean-up Responsibility The Contractor shall adequately clean up any material spilled or blown during the course of collect ion and/or hauling operations. Any unacceptable materials left behind should be secured within resident's recycling container, if provided. Driver shall take all precautions possible to prevent littering of unacceptable recyclables, and shall be responsible for litter created by collection. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items which are not recyclable materials. All hydraulic fluid spills and leaks shall be reported by the Contractor immediately to a supervisor and, if it is a danger to public health or safety, to the City Fire Department (911). If the spill is over five gallons, the Contractor must report it to the Minnesota Duty Officer. The Contractor is responsible to clean up all spills, even if the City Fire Department is present. 6.14 Customer Service and Records All complaints made directly to Contractor shall be given prompt and courteous attention. Contractor will provide Customer Service through an established set of skills and capabilities. Customers seeking Customer Service shall have the ability to seek out information and answers to frequently asked questions 24 hours per day through web-based or smart phone based applications. When contact with the Contractor is required for Customer service, during office hours, the Contractor shall maintain sufficient call center staff to answer and handle complaints and service request from customers without delay. These call center staff shall have the ability to contact and work with members of the contractor staff serving the municipality, whether through direct, electronic, or telephonic means, to coordinate resolution of the local complaints. In the case of alleged missed scheduled collections, the Contractor shall investigate and, if such allegations are verified, shall arrange for the collection of Recyclable Materials not collected within one business day after the complaint is received. This section describes the minimal amount of customer service required and shall not limit Contractor in providing expanded customer service. The City requires responsive, friendly customer service at all times, in all other forms of 144 14 communication, including interactions by haulers/crews on the collection route, interactions on the phone, emails, and websites. 6.14.1 Staffing Contractor shall provide full time oversight of the City’s collection, and shall administer its obligations to provide quality service to Customers of Plymouth. Contractor shall maintain a network of personnel, including local Minnesota based, equipped with telephones, internet, and be staffed to effectively handle inquiries, complaints, and/or receive instructions. Contractor shall provide dedicated primary staff to handle phone calls and emails from Plymouth Customers. It is the City’s preference that the primary staff be located in Minnesota, understanding that call volumes and wait times will require agents from other pods to answer calls at times. Phone and email shall be staffed by a person from 8:00 a.m. to 5:00 p.m. Monday through Friday except for the legal holidays. 6.14.2 Responding to City Calls or Email Inquiries from the City to the Contractor should be directed to the Route Supervisor and municipal services team. Contractor shall make every effort to address all voicemail and email correspondence from the City, with a return call or email within thirty minutes if the City contacted the Contractor between 8:00 a.m. and 5 p.m. and by 9:00 a.m. the next business day if the call or email was made after 5 p.m. or during non-working hours. 6.14.3 Responding to Customer Concerns Contractor will receive customer inquiries, complaints, requests for walk-up service, and other issues by phone or email. Residents shall have access to an email address that they can send inquired, complaints and request to. Contractor will address all email correspondence with a return call or email to the City customer during the same business day if the Customer contacted Contractor between 12:00 p.m. and by 12:00 p.m. the next consecutive working day if the call or email was made after 12:00 p.m. All phone calls shall be answered by a person during office hours, a phone tree or selection menu may be used to identify the most appropriate person to answer the call. All calls will first be routed to local, Minnesota based agents but can flow to other agents in an effort to eliminate wait times. Contractor shall provide a local, twin cities phone number for use by customers. Contractor’s staff shall monitor email for service complaints, inquiries and requests during office hours and Contractor’s system shall receive email during non-office hours for review and response during office hours. 6.15 Pilot Project Test Areas The City, upon consultation with the Contractor, may request limited scope pilot tests in both the residential and commercial/institutional sectors of the City. The amount of stops included in a test will be determined by the scope of the project and mutually agreed upon 145 15 between the City and Contractor. The test area will not place any significant, undue hardship on the operations of the contractor and shall be reasonable and acceptable in size/effort. Fair compensation, if needed, will be determined during these discussions. No compensation shall be provided because of fewer materials during the test period. 6.16 Vehicle Licensing and Inspection Requirements All collection vehicles used in performance of the Agreement shall be duly licensed and inspected by the State of Minnesota and shall operate within the weight allowed by Minnesota statutes. Vehicles shall be used that are in proper working condition and that prevent loss in transit of liquid or solid cargo. All vehicles shall be kept clean and as free from offensive odors as possible. The Contractor shall obtain all pertinent licenses and registrations from the City, County and State and have DOT record books. The Contractor shall submit to the City annually before December, the most recent Minnesota or U.S. DOT inspection record for each licensed vehicle used within the City. 6.17 Collection Vehicle Equipment Requirements Each collection vehicle shall be equipped with the following: · A two way communications device. · A first aid kit. · An approved 2A10BC dry chemical fire extinguisher or other approved fire extinguisher appropriate to the type of vehicle. · Warning flashers. · Warning alarms to indicate movement in reverse. · Signs on the rear of the vehicle which state "This vehicle makes frequent stops" or similar language. · A broom and a shovel for cleaning up spills and a spill kit. · All of the required equipment and the vehicle must be in proper working order. · All vehicles and equipment must be as clean and free from rust and odors as possible. · Vehicles shall be sized to operate and negotiate turning movements of cul-de- sacs and dead-end streets without causing damage to public or private property or creating safety hazards. · Vehicles shall be equipped with GPS routing technology, with the ability to, in real time, guide the driver along designated routes, log collection times at each pickup, and provide reports, if requested by the City, on historical collections that include time, day and address of each collection point. The GPS Guided routes shall have the ability to be modified weekly as participation and CDU locations change and update. 6.18 Personnel Requirements The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the City. The Route Supervisor will be available to address customer complaints by cell phone or voice mail at minimum eight (8} hours per day on collection days and four (4) hours per day on non-collection weekdays. The Contractor's personnel shall: 146 16 · Conduct themselves at all times in a courteous manner with the general public. · Make a concerted effort to have at all times a presentable appearance and attitude. · Perform their work in a neat and a quiet manner and clean up all recyclable materials spilled or blown during the course of collection and hauling operations. · Take all precautions possible to prevent littering. · Avoid damage to containers and other property. · Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. · Not idle or park vehicles in one location, street, lot, or place longer than is necessary to reasonable collect material or take meal or rest breaks. · Abide by all applicable local, state and federal laws while performing the work. · Must understand safety responsibilities and spill procedures, including reporting all hydraulic fluid spills immediately to a supervisor, to the City Fire Department {911) in the event of danger to public health and safety, and to the Minnesota Duty Office if over five gallons. · Report any suspicious activities or items to the Plymouth Police Department (911 or desk officers at 763-509-5192). 6.19 Pavement Management Programs The Contractor will be responsible for coordinating and providing service for individual CDU's or streets temporarily inaccessible during the City's annual street program. The City will provide to the Contractor weekly updates or construction progress reports upon request. This Agreement is subject to the right of the State, the County and the City to improve its roads, bridges, highways, and streets. The Contractor accepts the risk that such improvements may prevent the Contractor from occasionally traveling its usual route or routes for the purpose of collecting materials. The Contractor agrees to not make any claim for compensations against the City, the County or the State for such interference. 6.20 City Service Limited to Public Roads Services provided in this agreement shall be on or adjacent to publicly owned roads. If the Contractor provides service on a private road or property, the Contractor must establish a separate agreement with the property owner(s) regarding any change in condition to the private road due to the service, and hold harmless the City, Hennepin County, and the State of Minnesota. 6.21 SSOM- Source Separated Organic Material The City does not currently have organized organics curbside recycling available to residents. Contractor shall work with the City to educate Customers during the transition. City will educate residents through print materials, the City website and social media channels, and community events. Contractor shall educate residents through distributing print materials on carts and through verbal and written communications by customer service representatives. The first round of SSOM signup shall occur until February 14, 2024 on a City list, at which point Republic Services will use the list to distribute organics carts before March 6, 2024 147 17 for the initial rollout. Requests received between February 15, 2024 and March 1, 2024 will receive carts during the week of March 11, 2024. Residents signing up after March 1, 2024 will receive a cart within 2 weeks of the request for the first two quarters of 2024, and one week thereafter. The City will setup an electronic process that the City can share with residents, allowing them to sign up for a cart, in addition to utilizing the contractor’s customer service phone number for cart signup and collection participation. All tracking, delivery and servicing of the carts shall be the responsibility of the Contractor. A list of current organics recycling participants shall be shared with the contractor in an electronic spreadsheet upon request and with any price increase request. 7. Drop-Off Recycling Center 7.1 Drop-Off Site Operations The Contractor will service the recycling drop-off site operated by the City at Plymouth's Public Works Maintenance Facility, 14900 23rd Avenue North, Plymouth. This is an unattended facility open to residents and businesses. The City will give the Contractor card access to the sit e. The gate to the site is currently open from 5:00 a.m. to 9:00 p.m. daily. 7.2 Drop-Off Center Materials Revise the paragraph to read: Recyclable material collected at the drop-off site shall be the same materials as collected in the curbside program element for both single sort and organics materials. Other materials may be designated by the City if acceptable to the Contractor. Recyclable material collected at the drop-off site shall be the same materials as collected in the curbside program element for both single sort and organics materials. Other materials may be designated by the City if acceptable to the Contractor. 7.3 Storage Containers: Capacity and Service Frequency Contractor will provide storage containers of a size, shape and design acceptable to the City (e.g., roll-off boxes, tanks, compartments and/or carts), and sufficient frequency emptying the containers to assure that all recyclables deposited at the site can be placed within the storage containers without overflowing. Storage containers for the drop-off center shall be approved by the City before being installed by the Contractor. Contractor shall be responsible for cleaning up any and all material left at the drop-off site on collection days when a container is full. Containers must be kept clean and free from odors, free of graffiti and inaccurate signage, free of rust and leaks, and must be maintained in good condition at all times, including working covers, free of rust and leaks, and accurate, legible signs on all containers. The total single sort recycling site loose volume container capacity shall be a minimum of 240 cubic yards but must have sufficient capacity. The volume may be reduced if mutually agreed upon by the City and the Contractor. The organics site loose volume shall be up to 16 cubic yards. The organics capacity may be reduced if mutually agreed between the City and the Contractor based on observed usage. It should be assumed that the site will be serviced daily as required to maintain capacity for the residents. Assumptions based on historical use assumes the site receives between 148 18 200 and 250 loose cubic yards of single sort recyclables per day on average. The holiday seasons tend to collect more, and summer tend to be less. Organics collection should be assumed once per week, of up to 16 cubic yards at a time. 7.4 City Approval of Container Type and Labeling Containers must be clearly marked with labels listing and showing with graphics the recyclables allowed to be placed inside the containers. The Contractor may not label the containers until the City has approved the content and design of labels. The Contractor will replace and update the signs on the drop-off center containers as needed. 7.5 Weighing of Loads and Reporting Requirements Contractor will keep accurate records and weights of all recycling materials collected. All loads will be weighed and the information recorded on an approved weight/scale ticket along with the date, time, driver's name, vehicle number, tare, gross, and net weights, and the words "drop-off center". A copy of all weight tickets shall be kept on file by the Contractor for two (2) years and copies of all weight tickets will be provided to the City as needed. The Contractor will submit a monthly report of the total tons collected by material, the percentage of the total that each material type represents. These reporting requirements are required for the City's semi-annual and annual recycling reports to Hennepin County. 7.6 Management of Contamination If contamination of drop-off center recyclables exceeds 15% of the total drop-off tonnage, both parties mutually agree to negotiate and revise the plan for operations of the drop-off center that may include new containers, new container locations, elimination of containers, better signs on the containers, signs at the site, and/or disposal charge backs. 7.7 Special Service Dates The contractor shall make provisions to service the site twice a day, for up to 5 days in a year, as directed by the City. The designated legal holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day will be avoided, but days after each holiday are eligible for twice a day collection designation. The site may be serviced 24 hours a day, and the City has made provisions to close the site while allowing limited resident drop offs, and maintaining general safety during servicing. If it is determined that additional special service intervals are required, the City and Contractor will negotiate a revised price to accommodate. 8. Recyclables Composition 8.1 Determining Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s recyclable materials each calendar year of this Agreement and during any and every extension of this Agreement to estimate the relative amount by weight of each recyclable 149 19 commodity from each program element by grade or offer a suitable alternative to a composition analysis. The results of this analysis shall include: {1) percent by weight of each recyclable commodity by grade (including materials deemed unacceptable) as collected from the City program element; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. The Contractor shall provide the City with a copy of each analysis. City staff will help coordinate the sampling and shall be invited by the Contractor to be present for the sorting. 8.1.1 Estimating Process Residuals The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City's recyclable materials. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. 8.2 End Market Certification Upon request by the City, the Contractor shall provide written certification to the City that all recyclable commodities identified will continuously be recycled and not disposed. Upon request, the Contractor shall provide the City with adequate documentation of end markets for each recyclable commodity. 8.3 Materials Processing and Marketing 8.3.1 Processing Facilities Must Be Specified It is intended that all recyclable materials collected by the Contractor will go to recycling markets to be reused or manufactured into recycled content products. Adequate recyclable material processing capacity must be provided for material collected. The Contractor specifies the location(s) of its MRF (or subcontractor's facility) where material collected from the City will be delivered and/or processed as Republic Services Minneapolis MRF. The Contractor shall provide written notice to the City at least sixty (60) days in advance of any substantial change in these or subsequent plans for receiving and processing recyclable materials collected from the City. Upon collection, the Contractor shall deliver the designated recyclable materials to a MRF, an end market for sale or reuse, an intermediate collection center for later delivery to a processing center, end market, or a facility identified by the City as accepting SSOM delivered by the Contractor during the term of this Agreement. Facilities identified are Shakopee Mdewakanton Sioux Community (SMSC) Organics Recycling Facility, 1905 Mystic Lake Dr. S., Shakopee, MN 55379, a Hennepin County owned transfer station designated for SSOM, or such other locations as approved by the City. Minnesota Statutes (M.S. 115A.95) prohibits the unapproved disposal of separated recyclable materials. Contractor shall 150 20 assure that all recyclable materials collected in the City are not landfilled, composted or incinerated except for Process Residuals. The Contractor shall dispose of no more than seven percent (7%) of material (by weight) as Process Residuals as part of recyclable materials processing operations. 8.3.2 Lack of Adequate Market Demand In the event that the market for a particular recyclable material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular material, the Contractor shall give written notice to the City. The notice shall include information demonstrating the effort the Contractor has made to find market sources, and the financial information justifying the conclusion that the market is economically unfeasible. Adequate documentation shall be required before the City will consider changes to the municipal recycling program. At such conclusion, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. Until such date that writing amendment is fully executed, the Contractor shall continue to collect the item and, if necessary, arrange for adequate stockpiling. Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in the said written agreement to cease collection of the recyclable material in question. Contractor shall at all times be under a duty to minimize recyclable materials ending up in landfill or incineration. If such disposal becomes necessary, Contractor shall dispose of the materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 8.4 Performance Monitoring The City will monitor the performance of the Contractor against requirements specified within this Agreement. Substandard performance as determined by the City will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within sixty {60) days after being notified by a City, the City may initiate the contract termination procedures. 8.5 Reports and Meetings City may withhold payment for recycling services or declare this Agreement to be breached unless and/or until Contractor supplies as required the information outlined in this section. 8.5.1 Customer Service Reports Contractor will provide the City with monthly electronic reports, in Word, Excel or Access format, on issues, complaints, including, but not limited to calls reporting missed collections and improper set-outs as stipulated within this Agreement. Detail shall include dates occurred, initiated and resolved, address, issue, resolution, and other details as available. These reports shall be due by the 15th day of each month. 151 21 8.5.2 Monthly Reports Contractor shall provide the Recycling Materials Revenue Report upon request. The Contractor shall submit a written monthly report to accompany the monthly invoice packet. Invoices may not be processed for payment until the monthly report is complete and accepted by the City. The monthly report shall summarize tonnage by commodity and by type of collection (curbside, drop-off, and MF). The monthly report shall summarize complaints from the report as described in Section 8.5.1 and provide an explanation of any changes in procedures to address complaints. The monthly report shall describe any significant changes in end markets and alert the City in writing to any pending conditions that may affect the City's recycling programs. These reports shall be due by the 15th day of each month. Since Contractor carts for Recyclable Materials may contain electronics as a result of dumping activities, the Contractor shall properly register and report on the disposal of such items as required by the Minnesota Electronics Recycling Act (M.S. 115A.1310) with the State of Minnesota and comply with any other applicable electronic waste disposal reporting laws. The Contractor shall include a report on any E-waste disposal in its monthly report to the City. Contractor shall provide electronic reports providing tons and or quantity of organics recycling and number of cart touches. 8.5.3 Annual Reports The Contractor shall submit a written annual report by March thirty first (31) of each year, or other date needed for City to comply with State and County reporting. The annual report shall summarize tonnage by commodity by program element for the previous calendar year. The annual report shall describe any significant changes in end markets and alert the City in writing to any pending conditions that may affect the City's recycling programs. The annual written report should include any MRF reports submitted by Contractor to the Minnesota Pollution Control Agency and the MN Department of Revenue (annual SW-lAR report) for any MRFs used to process City recyclable materials. The SW-lAR are for recycling and composting facilities seeking exemption from solid waste management taxes pursuant to M.S. 297H.06. These reports must be submitted to the State annually, and shall be submitted annually as part of the annual report. The Contractor must include a request in writing if the Contractor wishes to have its annual report considered nonpublic data to the extent permitted by the public record laws of the State of Minnesota. The entire annual report cannot be marked as nonpublic data. Contractor shall provide the City an annual program report that will be an overall summary of the program from the previous year. The report should include: 1. Tons of organics recycling collected. 2. Trends in the solid waste industry. 3. Recovery rates (i.e. pounds per household). 4. Set-out and participation rates. 5. Efforts Contractor has made to reduce contamination. 152 22 6. Contractor suggestions to improve the City’s program. 7. List of Customers (names and address) receiving walkup service on an annual basis, with those who receive a waived fee identified. 8.5.4 Annual Meeting Upon receipt of the Contractor s annual report, the City may schedule an annual meeting with the Contractor. The objectives of this annual meeting will include (but not be limited to): · Review Contractor's annual report, including trends in recovery rate and participation. · Efforts the Contractor has made to expand recyclable markets. · Summary of market trends in prices, technology advancements, specifications, and implications for all recycling programs covered in this Agreement. · Review Contractor's performance based on feedback from residents and other customers to City staff. · Review Contractor's recommendations for improvement in the City's recycling program, including enhanced public education and other opportunities for expansion. · Review staff recommendations for improving Contractor's service. · Discuss other opportunities for improvement with the remaining years under the current Agreement. 8.5.5 Other Meetings The City may call additional meetings as needed to coordinate planning, development and implementation of new or changing program elements. The Contractor may request meetings as needed to help provide for more expeditiously resolution of program implementation issues. Contractor shall conduct an annual Set-Out and Participation Study in which both the set-out and participation rates are analyzed and documented for organics recycling, during each year of the contract. Participation Studies shall be conducted by the Contractor in annually, during a month mutually agreed upon by the City and Contractor, for organics recycling. The set-out rate is the average number of households that set materials out for organics collection on a given day. For example, every Tuesday for one month, collection drivers count the number of households that set out organics recycling on that day. Then the two numbers are given to the City and are averaged to determine the average number of households who set out recycling on a given Tuesday. The participation rate is the number of households who set materials out for organics recycling collection at least once over a period of one month. The 153 23 participation rate is a better indication of overall organics recycling participation because it includes households that recycle at least once a month, as some households may not set out organics each collection week. It more accurately indicates how many households are participating in the organics recycling programs overall, as opposed to the number of participants on a specific day. The studies will span one month of collections. The City will randomly select sections to study for each daily route, with each section being comprised of about 200 households per day, for a total study of over 1,000 households. These same sections will be studied every year for consistency. Over a four-week period, Contractor will tally the exact number of households that set out organics recycling for collection in the morning of their collection day, before the driver services the section. The four-week study will track organics recycling set-out and participation rates over the five days of collections during the week, totaling 20 days of set-out tracking. The Contractor shall conduct set-out rate measurements and participation studies at no additional cost to the City. The City reserves the right for staff to ride along with collection drivers in organics trucks, or drive routes on their own to audit the SSOM participation numbers ensuring compliance and accuracy. The Contractor shall cooperate with the City in the coordination of materials composition studies of the City’s organics recycling each year. This may include, but is not limited to spot checking individual carts for contamination, leaving physical tags, altering areas of collection during study, delivery of partial loads to sort location, and tracking collection data. The City will randomly select sections to study for each daily route, with each section being comprised of about 50 households per day, for a total study of over 250 households. Contractor shall enter spot-check data in the City’s online database, including but not limited to identifying the addresses of Organics Carts spot-checked and if the Organics Carts contained Unacceptable Material. 154 24 EXHIBIT B To First Amendment to Agreement for Municipal Recycling Services EXHIBIT B: COMPENSATION 1. Compensation for Residential Curbside Recycling Collection Service 1.1 Curbside CDU Counts For the purpose of these specifications the City has identified 25,777 Curbside Certified Dwelling Units (CDU's) as of July, 2023. Historical growth rates have been around 1% annually. Contractor will bill the City based on the house count provided by the City on December 1 and June 1 of each year. 1.1.1 Annual Adjustment to CDU Count The SSOM participation rate shall be reported to the Contractor, corresponding with the house count verification in section 1.1. For billing purposes, the participation rate is equal to the number of homes that have requested and received an SSOM cart divided by the current total house count identified in section 1.1. 1.2 Collection Service Price The curbside collection service price per month per CDU shall be as follows: Year Year Single Sort Recycling SSOM percent participation monthly CDU price. 0%- 10% 10%- 15% 15%- 20% 20%- 25% 25%- 30% 30%- 40% 40%- 50% 0 2024 $3.29 (1) $3.00 $3.50 $4.00 $4.50 $5.00 $5.50 $6.00 1 2025 $4.75 $3.12 $3.64 $4.16 $4.68 $5.20 $5.72 $6.24 2 2026 $4.94 $3.24 $3.79 $4.33 $4.87 $5.41 $5.95 $6.49 3 2027 $5.14 $3.37 $3.94 $4.50 $5.06 $5.62 $6.19 $6.75 (1) Amount is from original Agreement 1.3. Compensation for Drop-Off Collection Service Consistent with Section 7 of Exhibit A, which includes 5 selected days per year of servicing the entire site twice per day. 155 25 The Drop-off collection service price per month shall be as follows: Year Drop Off Site 2024 $10,500 2025 $10,920 2026 $11357 2027 $11,811 1.4. Recycling Collection at City Designated Sites The Contractor will provide Single Sort and Organics recycling collection at City facilities and other designated stops at no additional cost per the following schedule. The Contractor shall collect the same list of recyclable materials collected from other program elements. City facilities and other designated stops currently included in this Agreement include the following and may be adjusted as needed: 1.5. Revenue Share REMOVE ALL OF 1.5 AND 1.6 1.5.1 Revenue Sharing Formula The revenue sharing formula shall be: • “Gross” material value (based on index prices below) • Less processing fee. • Equals net revenue • Times the percent City share of net revenue. The revenue share shall be 80% to the City and credited monthly. Site Single Sort Organics Frequency City Hall, 3400 Plymouth Blvd., Plymouth, MN, 55447 2 yard 96 gal Monday, Wednesday, Friday Public Safety, 3400 Plymouth Blvd., Plymouth, MN, 55447 2 yard 96 gal Monday, Wednesday, Friday Fire Station #1, 13205 County Road 6, Plymouth, MN, 55441 96 gal 96 gal Every Wednesday Fire Station #2, 12000 Old Rockford Rd, Plymouth, MN, 55441 2 yard 96 gal Every Thursday Fire Station #3, 3300 Dunkirk Lane North, Plymouth, MN, 55447 2 yard 96 gal Every Wednesday Plymouth Community Center, 14800 34th Ave N, Plymouth, MN, 55447 4 yard 3 yard Monday and Friday Plymouth Ice Ctr, 3650 Plymouth Blvd., Plymouth, MN, 55446 3 yard 3 yard Wednesday Public Works, 14900 23rd Ave N, Plymouth, MN 55447 2 yard 96 gal Friday 156 26 1.5.2. Processing Fee The processing fee per ton shall be as follows: Year Processing Fee 2024 $79.20 2025 $82.38 2026 $85.66 2027 $89.09 1.5.3 Revenue Share Reserve A cumulative revenue share reserve of $35,000 shall be established from the sale of recyclable material prior to the City receiving shared revenue. Revenue owed to the City in excess of $35,000 shall be credited to the City on a monthly basis. The cumulative revenue share reserve shall be in effect from January 1, 2019 through November 30, 2027. At the end of the contract term the City shall be credited for the net revenue of recyclables in December 2024 plus any positive balance in the revenue share reserve. A negative balance at the end of the contract term shall be the responsibility of the contractor. The City will not provide payment to the Contractor for a negative balance. 1.6. Published Industry Market Indices Product Mix Market Indicator Mixed Glass Reviewed Annually HDPE Natural Waste News 1st Issue High HDPE Pigmented Waste News 1st Issue High PET Waste News 1st Issue Low Residual Garbage Hennepin County Rate Tin Avg. Monthly Sales Price Aluminum Average Monthly Sales Price OCC OMB #11 High #3-7 Plastics Average Monthly Sales Price Other Fiber OBM #54 High 157 27 EXHIBIT C: TRASH COLLECTION SERVICE 1. Trash Collection Service The Contractor will provide solid waste collection at designated City facilities at no additional cost. 2. Unacceptable Waste For purposes of this Exhibit C, solid waste does not include Unacceptable Waste, as defined below. City warrants that solid waste disposed of at the facilities identified by City pursuant to Section 1 of this Exhibit C will not contain any Unacceptable Waste. Title to, and liability for, any Unacceptable Waste will remain with the generator and shall at no time pass to Contractor. Contractor shall have the right to reject or revoke its acceptance of any solid waste at any time such solid waste is discovered to be or contain Unacceptable Waste. 3. Definitions for Purposes of Exhibit C 3.1 Unacceptable Waste is Hazardous Waste and any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as defined by applicable law or any otherwise regulated waste. 3.2 Hazardous Waste includes, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to RCRA, and including future amendments thereto, and any other Applicable Law. 4. City facilities and other designated trash stops to be included in this Agreement are shown below, additional facilities or collection frequencies shall be updated as needed: Site Bin(s) Collection Frequency City Hall, 3400 Plymouth Blvd., Plymouth, MN, 55447 3 yard Monday, Wednesday, Friday Public Safety, 3400 Plymouth Blvd., Plymouth, MN, 55447 3 yard Monday, Wednesday, Friday Maintenance Facility, 14900 23rd Ave. N., Plymouth, MN, 55447 4 yard Monday Central Treatment Plant, 14800 23rd Ave. N., Plymouth, MN, 55447 4 yard 1st Monday of the month Zachary Treatment Plant, 4295 Zachary Ln. N., Plymouth, MN, 55441 4 yard 1st Monday of the month Plymouth Community Center, 14800 34th Avenue North, Plymouth, MN, 55447 4 yard (2 bins) Monday, Thursday Fire Station 1, 13205 County Road 6, Plymouth, MN, 55441 1 yard Monday Fire Station 2, 12000 Old Rockford Road, Plymouth, MN, 55441 1.5 yard Monday Fire Station 3, 3300 Dunkirk Lane North, Plymouth, MN, 55447 1.5 yard Monday 158 28 Plymouth Ice Center, 3650 Plymouth Blvd., Plymouth, MN, 55447 4 yard (2 bins) 3 yard Monday, Thursday Monday, Thursday Bus Shelter, 9923-10221 45th Avenue North, Plymouth, MN, 55442 (Nathan Lane/45th Avenue Park and Ride) 30 gal Monday Bus Shelter, 3954-3998 Plymouth Blvd., Plymouth, MN, 55447 (Intersection of County Road 9 & Plymouth Blvd.) 30 gal Monday Bus Shelter, 3651 Lancaster Lane N, Plymouth, MN, 55441 30 gal (North side) 30 gal (South Side) Monday Monday Bus Shelter, 3205 Harbor Lane North, 55447 (Currents Apartments) 30 gal Monday Bus Shelter, 3300 Harbor Lane North, Plymouth, MN 30 gal Monday Bus Shelter, 17205 County Road 6, Plymouth, MN, 55447 (St. Phillip the Deacon Church) 30 gal Monday Bus Shelter, 1405 Xenium Lane North, Plymouth, MN, 55441 (TCF Headquarters at Xenium & 15th Ave) 30 gal Monday Station 73 Park & Ride, 10905 State Highway 55, Plymouth, MN, 55441 90 gal Monday 159 CITY OF PLYMOUTH RESOLUTION NO. 2023-298 RESOLUTION APPROVING THREE-YEAR CONTRACT EXTENSION WITH REPUBLIC SERVICES FOR RECYCLING SERVICES AND ADDING A FOUR-YEAR TERM FOR CITY-ORGANIZED CURBSIDE COLLECTION OF SOURCE-SEPARATED ORGANIC MATERIAL WHEREAS, the current Municipal Recycling Services Agreement with Republic Services, effective January 1, 2019, is set to expire December 31, 2024, for traditional single sort curbside recycling; and WHEREAS, the contract allows for a three-year extension; and WHEREAS, on September 26, 2023 the City Council Authorized negotiation of a recycling contract extension including adding city led curbside organic collection with Republic Services through December 31, 2027; and WHEREAS, the contract extension has been drafted and reviewed by city staff, the City Attorney, and authorized representatives from Republic Services; and WHEREAS, all residential customers will be charged a fee for curbside organics recycling collection – regardless of whether or not they utilize the offered service; and WHEREAS, Republic Services will begin curbside organics services on March 6, 2024; and WHEREAS, Republic Services has the ability to perform services defined in the contract. NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that: 1) The Mayor and City Manager are authorized and directed to enter into a contract extension with Allied Waste Services of North America, LLC, a Delaware limited liability company d/b/a Republic Services of the Twin Cities-Eden Prairie in the name First Amendment to Agreement for Municipal Recycling Services for recycling contract extension including adding city led curbside organic collection. 2) Funding will be through the Solid Waste Fund. APPROVED by the City Council on this 28th day of November 2023. 160