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City Council Packet 02-26-2013
RECAP AGENDA) CITY OF PLYMOUTH AGENDA REGULAR COUNCIL MEETING FEBRUARY 26, 2013, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PLYMOUTH FORUMIndividuals may address the Council about any item not contained on the regular agenda. A maximum of 15 minutes is allottedfor the Forum. Ifthefull 15 minutes are not neededfor the Forum, the City Council will continue with the agenda. The City Council will take no official action on items discussed at the Forum, with the exception of referral to staffor Commission forfuture report. 4. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 5. APPROVE AGENDA—Councilmembers may add items to the agenda including items contained in the Council Information Memorandum for discussion purposes or staffdirection only. The Council will not normally take official action on items added to the agenda. 6. CONSENT AGENDA—These items are considered to be routine and will be enacted by one motion. There will be no separate discussion ofthese items unless a Councilmember or citizen so requests, in which event the item will be removedfrom the ConsentAgenda and placed elsewhere on the agenda. (Approved) 6.01 Approve proposed City Council Minutes 6.02 Approve disbursements (Res2013-046) 6.03 Accept donation for the DARE Program (Res2013-047) 6.04 Accept donation of bullet proof vests for K9s (Res2013-048) 6.05 Accept donation of veterinary services for Police K9s (Res2013-049) Regular Council Meeting 1 of 3 February 26, 2013 7. 91 6.06 Order and Accept Preliminary Engineering Report, Order and Accept Plans and Specifications, Call for Public Hearing, Order Advertisement for Bids, Declare Costs to be Assessed, and Set Assessment Hearing for Sagamore Street Reconstruction Project (13005 — Res2013-50, Res2013-051, Res2013-052, Res2013-053, Res2013-054) 6.07 Approve Lift Station Maintenance Agreement with the Wayzata School District Res2013-055) 6.08 Approve Agreements Regarding Transfer of Certain Improvements Between Cornerstone Commons and Villas at Cornerstone Commons Homeowner's Associations and the City of Plymouth (Res2013-056) 6.09 Approve Purchase of a Replacement Sidewalk Machine with Attachments Res2013-057) 6.10 Designate Municipal State Aid Streets for 2013 (Res2013-058, Res2013-059) 6.11 Approve Leases with Sprint Spectrum Realty Company to Mount Communication Equipment on Water Towers (Res2013-060) 6.12 Approve the Parks and Recreation Advisory Commission 2013 Work Plan and Goals 6.13 Approve Planning Commission's 2013 Work Plan 6.14 Authorize expenditure from the Resource Planning/DEA Fund for police equipment (Res2013-061) PUBLIC HEARINGS 7.01 Appeal on Denial of Massage Therapy Certificate for Samantha Barth Res2013-062) (Approved denial) GENERAL BUSINESS Regular Council Meeting 2 of 3 February 26, 2013 8.01 Consider Variances for an Off -Site Business Sign for Plymouth Tire and Auto Pauly Enterprises, Inc. — 2012092 — Res2013-063) (Approved Variances) 9. REPORTS AND STAFF RECOMMENDATIONS 9.01 Legislative Update 10. ADJOURNMENT (7:43 p.m.) Regular Council Meeting 3 of 3 February 26, 2013 Existing 915.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No owner of a dog shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within a body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area and are not found to be creating a nuisance as defined in this ordinance and clogs in an off -leash dog park operated by the City. (Ord. 2003-11, 511312003) Proposed 415.17. Dogs and Cats Prohibited from Running at Large. Subdivision 1. General Rule. No owner of a dog shall permit it to be At Large within the City. Every Owner of a dog or cat shall keep it Under Restraint at all times. An exception to this requirement is dogs are allowed within an open body of water for training and/or exercise purposes as long as they are not within 300 feet of any public swimming area or other public area and are not found to be creating a nuisance as defined in this ordinance. Every Owner of dog or cat shall keep it Under Restraint when on a frozen body of water. A second exception to this requirement is dogs in an off -leash dog park operated by the City. (Ord. 2003-11, 5/1312003) 6.01 Proposed Minutes Regular Council Meeting February 12, 2013 Mayor Slavik called a Regular Meeting of the Plymouth City Council to order at 7:09 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on February 12, 3013. COUNCIL PRESENT: Mayor Slavik, Councilmembers Wosje, Willis, Johnson, and Bildsoe. ABSENT: Councilmembers Stein and Black. STAFF PRESENT: City Manager Ahrens, City Attorney Knutson, Park and Recreation Director Evans, Public Works Director Cote, Community Development Director Juetten, Police Chief Goldstein, Deputy Fire Chief Springer, Administrative Services Director Callister, and City Clerk Engdahl. Plymouth Forum Aaron and Teresa Black, 1030 Pineview Lane, voiced their concerns of the speed of traffic in their neighborhood. There are two bus stops on Pineview Lane. Many cars go through the stop signs and vehicles have driven into neighbors' yards. They notified the police department, and they have a done a good job monitoring the traffic. One of the police officers felt that the amount of citations that were issued in December and a portion of January were excessive. They stated something needs to be done to monitor the traffic and reduce the speed ofthe traffic coming down the hill. They suggested installing stop signs. Don Hoffer, 935 Pineview Lane, also a resident who is concerned about the traffic in this neighborhood, stated that when he points to the stop sign, drivers give him the finger. He suggested a stop sign in front of his house. Mayor Slavik stated that stop signs don't slow the traffic, and it makes it less safe as there is an expectation that motorists will stop. She stated many times it's the neighbors who are speeding. She asked Police Chief Goldstein if they could do additional enforcement, and she asked staff how long it has been since there was a speed study in this area. Public Works Director Cote replied it has been approximately 15 months since there was a speed study. When the weather permits, staff can look at this area to see if there could be other traffic calming measures. He stated staff can do another speed study this summer when conditions warrant it. Councilmember Johnson asked about the police department's speed trailer. Police Chief Goldstein stated they did a speed study in this area previously and it showed that the majority of the traffic was traveling at or below the posted speed limit. However, the police department will have a greater presence, will document, and put out the speed trailer when the weather is better. Proposed Minutes 1 of 6 Regular Meeting of February 12, 2013 Page 1 Presentations and Public Information Announcements 4.01) Announcement of Human Rights Committee's Essay Contest Winners Mayor Slavik announced that Jake Emerick received first place and Rachel Wyffels received second place in this year's Human Rights Committee's essay contest. Councilmember Johnson requested that a letter be sent to Governor Dayton announcing the City's winners. Approval of Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to qpprove thea egnda. With all members voting in favor, the motion carried. Consent Agenda Motion was made by Councilmember Bildsoe, and seconded by Councilmember Willis, to adopt the Consent Agenda that included the followingitems: ems: 6.01) Special City Council Meeting Minutes of January 15, January 22, and February 5, and Regular City Council Meeting Minutes of January 22. 6.02) Resolution Approving Disbursements ending February 2, 2013 (Res2013-032). 6.03) Resolution Approving Change Order No. 1 and Payment No. 2 and final for the Revere Lane/6th Avenue/Kilmer Lane Project (12005 - Res2013-033). 6.04) Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2013 Sanitary Sewer Lining Project (13008 — Res2013-034). 6.05) Resolution Repealing Policy Relating to the Selection of Consultants (Res2013-035). 6.06) Resolution Approving Interest Rate Reduction for the Interfund Loan from the Park Replacement Fund to the Ice Center fund (Res2013-036). 6.07) Resolution Approving Cost Sharing Assistance Grant with the Board ofWater and Soil Resources for the 400 Project (Res2013-037). 6.08) Resolution Approving a final Plat and Development Contract for "Hampton Hills 5th Addition" for Property located West of Pomerleau Lake (2012102-F-Res2013-038) and a Proposed Minutes 2 of 6 Regular Meeting of February 12, 2013 Page 2 Resolution Adopting Assessments for Trunk Sanitary Sewer and Water Main for Hampton Hills 5th Addition (2012102 — Res2013-039). 6.09) Resolution Accepting Donation of Real Property on Dunkirk Lane (Res2013-040). 6.10) Resolution Approving the Purchase of a 40OKW Portable Generator (Res2013-041). 6.11) Resolution Approving Temporary On -Sale Liquor Applications for the Plymouth Arts Council for Events in 2013 (Res2013-042). 6.12) Resolution Approving a Lease with Sprint Spectrum Realty Company LP, to Mount Communication Equipment on the Water Tower located at 14900 23rd Avenue North (Res2013- 043). With all members voting in favor, the motion carried. Public Hearings 7.01) Vacation of a Drainage and Utility Easement for Lot 1, Block 2, Heritage Woods Estates 2nd Addition Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Willis, and seconded by Councilmember Wosje, to adopt a Resolution Authorizing the Vacation of Platted Drainage and Utility Easements within Lot 1, Block 2, Heritage Woods Estates Second Addition (Res2013-044). With all members voting in favor, the motion carried. 7.02) Vacation of a Drainage and Utility Easement for Tract A and B, Registered Land Survey No. 1618 Public Works Director Cote reported on the proposed vacation. Mayor Slavik opened the public hearing. Mayor Slavik declared the public hearing closed. Motion was made by Councilmember Bildsoe, and seconded by Councilmember Wosje, to adopt a Resolution Authorizing the Vacation ofDrainage and Utility Easements within Registered Lane Survey No. 1618 (Res2013-045). With all members voting in favor, the motion carried. Proposed Minutes 3 of 6 Regular Meeting of February 12, 2013 Page 3 General Business 8.01) Financing Options for Peony Lane and Vicksburg Lane Projects Administrative Services Director Callister reported on the Peony Lane project scheduled for 2014 and the Vicksburg Lane project scheduled for 2015 and 2016. He stated the Council discussed funding options for these projects at a special meeting held on September 11, 2011. The financing options included municipal state aid, G.O. Street Reconstruction Bonds, area charges, franchise fees, utility trunk fund, property tax levy, special assessments, and federal/state funding. He noted that staff is anticipating a general fund surplus from 2012, and $2 million could be allocated towards the Peony Lane project. He stated staff also identified the street reconstruction needs for the next 20 years and the revenues necessary to funds these needs. The result is that staff expects to maintain an $8 to $10 million cash balance in the street reconstruction fund through 2030. Because a portion of the Vicksburg Lane project will be reconstruction, staff has identified $2 million from the street reconstruction fund to be utilized for this project. After this contribution, the street reconstruction fund is still projected to maintain a long term balance of $6 to $8 million. He spoke of the funding for each project. He stated that the majority of the funding for Peony Lane would be generated through the issuance of G.O. State Aid Bonds, current and future Municipal State Aid (MSA) funds, and surplus funds. Current MSA rules allow MSA cities to request advancements of up to the lesser of $4 million or five times their annual allotment to fund construction of state aid roadways. The advancement would be repaid by the City's future allocation of MSA funds. The City's current rate of allocation is approximately $2 million annually, and since the City would be advancing $4 million of future MSA funds, the G.O. State Aid Bonds could be structured so that the first year or two would be interest only payments. In total, there would be sufficient funds available to adequately fund the Peony Lane project. The funding for the Vicksburg project relies primarily on the issuance of $17.4 million in debt. Two types of debt will be utilized, G.O. MSA Bonds for $8.5 million (repaid with state aid) and G.O. Street Reconstruction Bonds for $8.9 million (repaid from property taxes or franchise fees). Staff is also recommending that the street reconstruction fund contributes $2 million to the project. Councilmember Bildsoe asked staff how certain they are with land acquisition costs. Public Works Director Cote replied as time progresses, land values are increasing. The figures outlined in the staff report were conservative three months ago, but are now the market prices. Councilmember Wosje asked about development fees for developers as those roads are going to be heavily used in the future. Public Works Director Cote replied from a staff's perspective, there wasn't a strong sense from the Council to pursue. It would be hard to do on Vicksburg Lane, but there could be a portion on Peony Lane. Councilmember Wosje stated in terms of an Proposed Minutes 4 of 6 Regular Meeting of February 12, 2013 Page 4 equitable tax, a development fee would get the City closer to the user in helping to pay for some ofthese improvements. Councilmember Willis stated regarding franchise fees for the private utilities, he's curious as to why nobody discusses franchise frees for water and sewer utilities. He asked if it's correct that the reason for the franchise fee, in part, is because the utility companies use the public rights-of- way. Administrative Services Director Callister replied yes. He stated the rationale for collecting the fee is that the utilities are in the rights-of-way tearing up the streets and therefore reducing the life ofthe streets. He noted that some communities use the franchise fees for general expenses. He discussed his handout that illustrated who received permits for work in the rights-of-way in 2012. Councilmember Willis stated he wants to get to the point of equity from a users perspective. He feels the Council should consider leading the way and putting the burden on its own utilities. He requested that the Council weigh in on this point. Councilmember Johnson asked if the City would still collect the right-of-way permit fees aside from the franchise fees. Public Works Director Cote replied yes. Mayor Slavik and Councilmember Johnson stated they would like information if the City is in line with other communities and the utilities are being treated similarly. Councilmember Willis stated he thinks that utilities should help to repair the streets as they affect the longevity of the streets. Councilmember Bildsoe asked ifthat's the case, what about garbage trucks, school buses, construction equipment, etc. Mayor Slavik stated this is rhetorical, similar to the State requiring governmental entities to pay sales tax. Councilmember Willis stated the City had just as many permits for work in the rights-of-way in 2012 as did the utility companies. He stated utilities who create a burden on cities due to damage to the roads should help pay for the repair of those streets. Councilmember Wosje stated residents will think that a water and sewer franchise fee would be a tax on a tax, and that concerns him. Councilmember Bildsoe agreed and stated he likes the idea of a franchise fee as all participants in the City help pay for the roads. It's a method to collect money from a broader group of people to pay for two major roads. He stated her prefers to not have a City utility franchise fee, as it sounds like it's another fee to the water and sewer bill. Therefore, he prefers the franchise fee to be on private utilities. Councilmember Johnson stated she doesn't believe there would be enough votes on the Council to support a City utility franchise fee. She suggested there be further discussion on the concern raised by Xcel for rights-of-way permit fee when there would be a franchise fee. She supports Proposed Minutes 5 of 6 Regular Meeting of February 12, 2013 Page 5 the funding options that were presented for both projects this evening. She doesn't support a development fee as Councilmember Wosje suggested as she doesn't want to overburden Ward 1 residents as those fees get passed down to the homeowner. By request of the Council, they discussed the proposed construction schedule for Peony Lane in 2014. The majority of the Council agreed to the funding sources for both projects as outlined in the staff report. There was no interest for development fees. Staff is to report back to Council, after they have checked with other cities, on whether the City would charge for permits in the City rights-of-way for private utility companies. The Council will continue the discussion of whether there should be a City utility franchise fee when there is a full Council present. Councilmember Johnson also suggested that staff consider increasing the franchise fee to cover the $135,000 the City would lose in right-of-way permit revenue. City Manager Ahrens added that the franchise fee figures will be included in this year's budget process which would allow the Council another review. Reports and Staff Recommendations 9.01) Legislative Update Mayor Slavik announced that she would be testifying on a bill tomorrow for construction of a general purpose third lane on I-494. Administrative Services Director Callister noted a meeting has been scheduled with Minnesota Department of Transportation Commissioner Zelle on March 6 from 3:00 p.m. -4:00 p.m. This meeting has been noticed. Adjournment Mayor Slavik adjourned the meeting at 8:48 p.m. Sandra R. Engdahl, City Clerk Proposed Minutes 6 of 6 Regular Meeting of February 12, 2013 Page 6 rp)City of Agenda 6 . 0 2PlymouthNumber: Adding Quality to life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Deb Luesse, Accounting Clerk February 26, 2013 Reviewed by: Jodi Bursheim, Finance Manager Item: Approve Disbursements Ending February 16, 2013 1. ACTION REQUESTED: Adopt the attached resolution to approve the disbursements for the period ending February 16, 2013. 2. BACKGROUND: Attached is a list of city fund disbursements for the period ending February 16, 2013. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: Check Registers Resolution Page 1 Invoice Expense Distribution for Period Ended 2.16.13/Council meeting 2.26.13 FUND 100 General Fund 246,387.52 200 Recreation Fund 12,882.64 210 Parker's Lake Cemetery Maint 0.00 220 Transit System Fund 18,176.48 234 Economic Development Fund 0.00 250 Comm Dev Block Grant Fund 5,452.26 254 HRA Section 8 Fund 0.00 254 HAP Check Summary 0.00 258 HRA General Fund 56.40 300 1998C GO Activity Center 0.00 304 1998B Shenandoah Debt Sery 0.00 305 2004A GO Public Safety 0.00 307 1998A -TIF #7-5A Rottland 0.00 309 2007A Open Space Series 0.00 310 2009A TIF #7-5A Refund 1998A 0.00 311 2009B AC and FH Refunding 0.00 312 2010A GO Open Space 0.00 400 General Capital Projects Fund 6,895.57 401 Minnesota State Aid Fund 0.00 404 Community Improvement 0.00 405 Park Replacement Fund 0.00 406 Infrasturcture Replacement Fund 0.00 407 Project Administration Fund 0.00 408 Park Construction 0.00 409 Capital Improvement Fund 0.00 412 Utility Trunk Fund 0.00 413 Improvement Project Construction 45,799.00 414 Shenandoah Administration 0.00 851 HRA Senior Apt. Constr Fund 0.00 418 Utility Trunk System Expansion 0.00 420 Water Sewer Construction 23,138.33 421 Enterprise -Other Construction 0.00 998 TIF # 7-2 O.S. (Const) 0.00 998 TIF # 7-3 P.O.S. (Const) 0.00 422 TIF #74 P.T.P (Const) 0.00 423 TIF # 7-5 Rottlund (Const) 0.00 424 TIF #7-6 Continental (Const) 48,985.26 425 TIF Housing Assistance Program 0.00 426 TIF #7-7 Stonecreek ('Const) 63,248.85 427 TIF #7-8 Shops @ Plymouth Creek 0.00 428 TIF HRA Senior Apt. Constr. Fund 28,011.21 429 TIF HRA 1-3 Crossroads Station 0.00 430 CON -Open Spaces Series 2007A 0.00 432 TIF #7-8 Quest 0.00 500 Water Fund 111,865.87 510 Water Resources Fund 3,861.46 520 Sewer Fund 463,126.85 530 Solid Waste Management Fund 62,490.36 540 Ice Center Fund 18,206.19 550 Field House Fund 5,870.65 600 Central Equipment Fund 34,563.66 610 Public Facilities Fund 41,407.56 620 Information Technology Fund 17,732.31 630 Risk Management Fund 11,270.38 640 Employee Benefits Fund 192,200.99 650 Design Engineering 0.00 660 Resource Planning 681.71 800 Investment Trust Fund 180.40 850 Plymouth Town Square 0.00 Total Invoice Expense Distribution: 1,462,491.91 Page 2 PB2) City of Plymouth Check 129374 Date Paid:02/07/2013 Inv.136328 01/16/2013 Check 129375 Date Paid:02/07/2013 Inv. D2081166NB 02/01/2013 Check 129376 Date Paid:02/07/2013 Inv.10202237 01/16/2013 Check Payment Register 02/03/2013 to 02/16/2013 AI's Coffee Company IC Concession coffee resupply American Messaging Services LLC Feb'13 PD Pager rental American Red Cross 11. 12.12 Lahiruj Samarasinghe water safety class Check 129377 Date Paid:02/07/2013 Anchor Paper Company Inv. 3022966300 01/16/2013 Coloring Books Check 129378 Date Paid:02/07/2013 Arbor Day Foundation Inv. 130129 02/06/2013 2013 Paul Buck Memberships dues Check 129379 Date Paid:02/07/2013 ARC Inv. MN10060378 01/15/2013 Commercial As built digitizing Inv. MN10060387 01/15/2013 Commercial As built digitizing Amount: $377.70 377.70 Amount: $121.45 121.45 Amount: $20.00 20.00 Amount: $33.86 33.86 Amount: $15.00 15.00 Amount: $3,794.06 1,897.03 1,897.03 Check 129380 Date Paid:02/07/2013 Art Start Amount: 300.00 Inv. 1648 01/31/2013 12.2.12 Festival artists services/Old Fashioned 300.00 Xmas Check 129381 Date Paid:02/07/2013 Athletica/Sport Systems Unlimited Amount: 1,416.09 Inv. 00366771N 01/14/2013 IC Goal frames and nets 1,416.09 Check 129382 Date Paid:02/07/2013 Barton Sand & Gravel Co Amount: 8,094.66 Inv. 130131 01/31/2013 1.16/1.31.13 374.30ton W3/4 ASTM 67 8,094.66 Check 129383 Date Paid: 02/07/2013 Bertelson Total Office Solutions Amount: 28.85 Inv. WO8253381 01/15/2013 Supplies - printable index tabs 28.85 Check 129384 Date Paid:02/07/2013 CDW Government Inc Amount: 166.17 Inv. W396336 01/14/2013 Smart Net Contract for Cisco 1252 Access 166.17 Point 1/14/13 1/8/15 Check 129385 Date Paid:02/07/2013 City of St Louis Park Amount: 406.80 Inv. 130131 01/31/2013 2013 Rink Rat Hockey 406.80 Check 129386 Date Paid:02/07/2013 Columbia II Rockridge Center LLC Amount: 9,512.75 Inv. 130122 01/22/2013 2.15.13/5.15.13 Tenance #614642 lease + 9,512.75 2012 prev bal Check 129387 Date Paid:02/07/2013 Inv.07376150213 01/24/2013 Check 129388 Date Paid:02/07/2013 Inv.130206 02/06/2013 Check 129389 Date Paid:02/07/2013 Inv.130206 02/06/2013 Check 129390 Date Paid: 02/07/2013 Inv. 6632 01/15/2013 Comcast Feb'13 CMCL Wireless Common Bond Fund 428 TIF 1.2 Vicksburg Commons Paygo Obligation Continental Property Group Inc Fund 424 TIF 7.6 Berkshire Paygo Obligation Corporate Connection Various size ice cleats Amount: $67.46 67.46 Amount: $28,011.21 28,011.21 Amount: $48,985.26 48,985.26 Amount: $681.87 681.87 Check 129391 Date Paid:02/07/2013 Discount Steel Inc Amount: $651.904ge 3 Page 1 of 16 2/21/2013 Inv. 01853698 01/14/2013 Steel Plate for Top Check 129392 Date Paid:02/07/2013 DogPoopBags.com LLC Inv. 4754 01/16/2013 Bags and dispensers Check 129393 Date Paid:02/07/2013 Dorsey & Whitney LLP Inv. 1849088 01/16/2013 Thru 12.31.12 legal services 651.94 Amount: $893.06 893.06 Amount: $4,396.00 4,396.00 Check 129394 Date Paid: 02/07/2013 Ehlers & Associates Inc Amount: $238.50 Inv. 130206 02/06/2013 Registr# 51949238 Ehlers Cruise:Sailing the $238.50 Seas of Public Finan Check 129395 Date Paid:02/07/2013 Inv. 0012411 IN 01/15/2013 Inv.0012412IN 01/15/2013 Inv.0012413IN 01/15/2013 Inv.0012414IN 01/15/2013 Electrical Installation & Mnt CSAH 61 street light repairs TH55@Fernbrook street light out Luminaire repair/Fernbrook@27th Signal Relamp-TH55 @ Xemium WB OH Green Check 129396 Date Paid: 02/07/2013 Emergency Apparatus Maintentance Inc Inv. 65922 01/16/2013 Ladder 31 2 Kissling 300 amp solenoids Check 129397 Date Paid:02/07/2013 Inv.1524875 01/16/2013 Check 129398 Date Paid:02/0712013 Inv.92599602 01/14/2013 Emergency Medical Products Inc 2 Disposable resuscitator ESRI Inc 3.1.13/2.28.14 ArcPad Maint Check 129399 Date Paid:02/07/2013 Fastenal Company Inv. MNPLY58988 01/16/2013 Supplies - nylock/toplock Inv. MNPLY59021 01/17/2013 supplies- nylon Check 129400 Date Paid:02/07/2013 First Student Inc Inv. 1730000161 01/18/2013 1.18.13 WEMS Afton Alps ski trip Inv. 1730000162 01/18/2013 1. 18.13 WCMS Afton Alps ski trip Check 129401 Date Paid:02/07/2013 Inv. 1006320041 A 01/11/2013 Inv.1006331149 01/18/2013 G&K Services Inc City uniforms- Missed taxes on Inv#1006320041 City Uniforms Check 129402 Date Paid:02/07/2013 Grafix Shoppe Inv. 84983 01/18/2013 Unit 1017 claim 2013.01 accident repairs Check 129403 Date Paid:02/07/2013 Inv.9031576813 01/03/2013 Inv.9041293367 01/15/2013 Inv.9041293383 01/15/2013 Inv.9042965906 01/17/2013 Inv.9043124966 01/17/2013 Inv.9043124974 01/17/2013 Inv.9043124982 01/17/2013 Inv. 9043591511 01/17/2013 Inv.9043591529 01/17/2013 Inv.9044899749 01/18/2013 Check 129404 Date Paid:02/07/2013 Inv. 130115 01/15/2013 Grainger safety glasses waxed paper liners/wall mounted receptacle expanded sheet pipe marker dairy crate vented/faucet safety can/funnel replacement eye wash bottle pipe marker Caution Fire sign inflator gauge fire extinguisher sign Greenway Lawn Maintenance Inc Jan'13 Snowplowing Check 129405 Date Paid:02/07/2013 Hawk Performance Specialties Page 1 of 16 Amount: $2,043.75 1,163.49 266.21 266.21 347.84 Amount: 620.47 620.47 Amount: 29.91 29.91 Amount: 253.44 253.44 Amount: 43.57 40.39 3.18 Amount: 1,000.00 500.00 500.00 Amount: 406.60 20.56 386.04 Amount: $32.44 32.44 Amount: $597.07 143.54 76.96 89.04 20.09 124.42 12.07 20.09 6.96 78.25 25.65 Amount: $850.00 850.00 Amount: $2,356.58 Page 4 2/21/2013 Inv. 2394 01/08/2013 1.8.12 IC Board brush 98.86 Check 129411 Inv. 2397 01/08/2013 12.28/12.29.12 IV Zamboni service 823.58 Date Paid:02107/2013 Inv. 2404 01/09/2013 3 77" Ice resurfacer blades 689.34 Inv. 001243 Inv. 2405 01/09/2013 1.10.13 IC Rink "B" Zambonie resurfacer 744.80 01/17/2013 Check 129406 Date Paid:02107/2013 Hennepin Co Dept Housing, Amount: 1,500.00 Inv. 2012 02/05/2013 2012 County Consortium -Fair Housing Initiative 1,500.00 Date Paid:02/07/2013 Check 129407 Date Paid:02/07/2013 Hennepin County Treasurer Amount: 366.00 Inv. 1000024157 01/14/2013 Dec'12 Room/Board prisoners 366.00 Inv.24035 Check 129408 Date Paid:02/07/2013 HOME Line Amount: 3,952.26 Inv. 121231 02/04/2013 Jul-Dec'12 Tenant hotline calls 3,952.26 Check 129409 Date Paid:02/07/2013 Hotsy of Minnesota Amount: 173.53 Inv. 41798 01/16/2013 2 Pressure Wash Hoses 173.53 Check 129410 Date Paid:02107/2013 Inv. 1974 02/05/2013 Check 129411 Date Paid:02/07/2013 Inv. 130129 01/29/2013 Check 129412 Date Paid:02107/2013 Inv. S100305330001 01/15/2013 Check 129413 Date Paid:02/07/2013 Inv. 001243 01/31/2013 Check 129414 Date Paid:02/07/2013 Inv. 204751 01/17/2013 Check 129415 Date Paid:02/07/2013 Inv. 3100 01/31/2013 Check 129416 Date Paid:02/07/2013 Inv. 3133 01/14/2013 Check 129417 Date Paid:02/07/2013 Inv.64944 01/30/2013 Check 129418 Date Paid:02/07/2013 Inv. 20442 01/29/2013 Check 129419 Date Paid:02/07/2013 Inv.24035 01/16/2013 Check 129420 Date Paid:02/07/2013 Inv. 130122 01/31/2013 Check 129421 Date Paid:02/07/2013 Inv. 130201 02/06/2013 Inforscore Inc Amount: $180.40 Jan'13 Check processing $180.40 International Society of Arboriculture/ISA Amount: $335.00 2013 Buck ISI/SMA, Newberger Memberships $335.00 J H Larson Electrical Co Amount: $140.43 Initial Lumens/metal Halide Clear $140.43 Kamida Inc PW garage floor concrete patching Keeprs Inc New Officer Uniform purchase/Sara Phillipe Kid Create Studio Everyday Hero art class Kirvida Fire Inc L-21 #41 gear backlash adjustment LeRoy's Customs Step,running boards,strobe pack for flashers Steven Leuer 1.28.13 192hrs Snowplowing LSC Resource Inc Bridal expo advertisement Massage Retreat Refund license fee for Samantha Barth McLeod County Sheriff's Dept 13.4979 Bail Check 129422 Date Paid: 02/0712013 MES Inc Inv. 00375957SNV 01/14/2013 baracade tape Check 129423 Date Paid:02/07/2013 Metro Chief Fire Officers Association Inv. 130201 02/06/2013 2013 Kline/Springer Membership Check 129424 Date Paid: 02/07/2013 Metro Water Conditioning Inc. Inv. 14788 01/16/2013 Rink C Inv. 76612 01/16/2013 softner salt Check 129425 Date Paid: 02/07/2013 Metropolitan Council Inv. 0001006732 01/03/2013 Feb'13 Wastewater service Page 1 of 16 Amount: $1,068.00 1,068.00 Amount: $41.23 41.23 Amount: $40.00 40.00 Amount: $432.50 432.50 Amount: $1,452.44 1,452.44 Amount: $17,086.50 17,086.50 Amount: $75.56 75.56 Amount: $75.00 75.00 Amount: $350.00 350.00 Amount: $267.36 267.36 Amount: $200.00 200.00 Amount: $643.16 338.01 305.15 Amount: $403,711.73 403,711.73 Page 5 2/21/2013 Check 129426 Date Paid:02/07/2013 Minnesota Volleyball Headquarters Inc Amount: $3,805.50 Inv. P1261 01/09/2013 1.12.13 Youth Volleyball program $3,805.50 Check 129427 Date Paid:02107/2013 Mintahoe Inc Amount: $134.66 Inv. E46343 02/05/2013 2.5.13 Food service for soup luncheon/Seniors $134.66 Check 129428 Date Paid:02/07/2013 MN Helicopters Inc Inv. 3096 01/04/2013 2013 Deer Count Survey Check 129429 Date Paid:02107/2013 MN State Horticultural Society Inv. 130206 02/06/2013 2013 Paul Buck Memberships dues Check 129430 Date Paid:02/07/2013 Richard J Moen Inv. 11076000 02/05/2013 4715 Xene Ln N water refund Check 129431 Date Paid:02/07/2013 Morton Salt Inv. 5400069692 01/16/2013 1.16.13 328.36ton Bulk Road Salt Inv. 5400070826 01/17/2013 1.17.13 556.52ton Bulk Road Salt Inv. 5400071838 01/18/2013 1.18.13 141.16ton Bulk Road Salt Check 129432 Date Paid:02/07/2013 Inv.88557700 01/15/2013 Check 129433 Date Paid:02/07/2013 Inv. PS540 01/29/2013 MTI Distributing Inc satelite contr module North Memorial EMS Education 12.14.12 Jeff Dorsfman First Responder Check 129434 Date Paid:02/07/2013 Office Depot Inv. 639491352001 01/15/2013 Supplies - paper/folders/note pads Inv. 639594413001 01/16/2013 Supplies - deskpad/notes/sorter Inv. 640514153001 01/14/2013 Supplies - post its/mechanical pencils Inv. 640514183001 01/14/2013 Supplies - zippered padfolio Check 129435 Date Paid:02/07/2013 Performance Signs & Displays Inc Inv. 8392 01/18/2013 Spare Fire Extinguisher sign Check 129436 Date Paid:02/07/2013 Phasor Electric Company Inv. 041303 01/14/2013 PW install cord w/switch on brine filling machine Inv. 041304 01/14/2013 New motion sensor switches Inv. 041305 01/14/2013 Salt Storage bldg electrical Check 129437 Date Paid:02/07/2013 Pirtek Inv. S1713170001 01/18/2013 Hyd. Adapters Check 129438 Date Paid:02/07/2013 Inv. 10550 01/02/2013 Check 129439 Date Paid:02/07/2013 Inv.130206 02/06/2013 Check 129440 Date Paid:02107/2013 Inv.263243 01/16/2013 Check 129441 Date Paid: 02/07/2013 Inv. TMN0072477 01/12/2013 Check 129442 Date Paid:02/07/2013 Inv.7151730128 01/17/2013 Check 129443 Date Paid:02/07/2013 Inv.41872590113 01/27/2013 Playground Guardian 2013 Software subscription Amount: $1,401.25 1,401.25 Amount: $34.00 34.00 Amount: $67.37 67.37 Amount: $76,047.84 24,337.35 41,248.03 10,462.46 Amount: $512.04 512.04 Amount: $50.00 50.00 Amount: $355.47 95.82 162.43 50.21 47.01 Amount: $52.04 52.04 Amount: $23,432.35 278.50 253.85 22,900.00 Amount: $39.07 39.07 Amount: $1,800.00 1,800.00 Plymouth Leased Housing Assoc Amount: $63,248.85 Fund 426 TIF 7.7 Stonecreek Paygo Obligation $63,248.85 Printers Service Inc Knife Sharpening Q3 Contracting Inc 1.3/1.10.13 Traffic Control CR 6 Schindler Elevator Corp PCC elevator 1 repairs Star Tribune PCC 1.18/4.19.13 daily Newspaper Check 129444 Date Paid:02/07/2013 State Industrial Products Page 1 of 16 Amount: $36.00 36.00 Amount: $310.57 310.57 Amount: $641.60 641.60 Amount: $79.30 79.30 Amount: $190.38 Page 6 2/21/2013 Inv.96081914 01/24/2013 cleaning/fragrances Check 129445 Date Paid:02/07/2013 Streicher's Inc Inv. 1990683 01/14/2013 Armors tool Kit -Kevin Wilson Inv. 1990705 01/14/2013 Padded Hoods Inv. 1991224 01/16/2013 Pants (1) - Sean Watson Inv. 1991265 01/17/2013 Pants (2) - Chief Kline Check 129446 Date Paid:02/07/2013 Suburban Tire Wholesale Inc Inv. 10114929 01/07/2013 Wrangler (2) Inv. 10115186 01/18/2013 Wrangle (4) Inv. 10115264 01/24/2013 set of 6 Eag tires Check 129447 Date Paid:02/07/2013 Sun Newspapers Inv. 1418183 01/13/2013 Fire & Ice - Medallion clue 190.38 Amount: $672.14 245.80 256.37 49.99 119.98 Amount: $1,483.37 250.39 474.44 758.54 Amount: $220.00 220.00 Check 129448 Date Paid: 02/07/2013 Supreme Building Maintenance Amount: $1,001.37 Inv. 0112313 01/01/2013 Jan'13 Cheshire transit janitorial $223.37 Inv. 014413 01/01/2013 Jan'13 Stn 73 Janitorial +1 cs TP, 1cs Irg liners $778.00 Check 129449 Date Paid:02/07/2013 Sylva Corporation Inc Inv. INV39025 01/15/2013 2012 Grinding & Hauling at YW site under contract Check 129450 Date Paid:02/07/2013 Terminal Supply Company Inv.9335500 01/18/2013 GP -Remote Inv. 9350900 01/18/2013 Bolts for water plant -Valves Check 129451 Date Paid:02/07/2013 Toll Company Inv.123320 01/15/2013 oxygen Check 129452 Date Paid:02/07/2013 Ultimate Martial Arts Inc Inv. 130228 02/01/2013 Feb'13 AM/PM Little tigers,cardio kick,Tae Kwon Check 129453 Date Paid:02/07/2013 USA Mobility Wireless Inc Inv. W0320490A 01/21/2013 1.22/2.21.13 RAD pager rentals Check 129454 Date Paid:02/07/2013 Inv.2863896419 01/25/2013 Check 129455 Date Paid:02/07/2013 Inv. 56179 01/18/2013 Check 129456 Date Paid:02/07/2013 Inv. 822251 01/17/2013 Verizon Wireless 12.26/1.25.13 Cellular Phones Vessco Inc Chemical feed pump parts The Watson Company IC Concession food resupply Check 129457 Date Paid:02/07/2013 Wayzata Athletic Boosters Inv. 130201 02/01/2013 Commission on sale of dasherboards advertising Check 129458 Date Paid:02/07/2013 WSB & Associates Inv. 0208000010 01/30/2013 Proj10015 Dec'12 Peony Ln/Lawndale Check 129459 Date Paid:02/07/2013 Xcel Energy Inv. 51509749550113 01/28/2013 1.1/1.19.13 Plyflds,Elm Creek conc,Pavilion,Amphitheater Inv. 51509749550113A 01/31/2013 550.29 Inv. 51509749551212A 2,292.65 12/31/2012 Amount: $10,687.50 10,687.50 Amount: $1,433.92 52.33 1,381.59 Amount: $90.35 90.35 Amount: $906.40 906.40 Amount: 50.46 50.46 Amount: 7,849.75 7,849.75 Amount: 584.18 584.18 Amount: 1,201.55 1,201.55 Amount: 960.00 960.00 Amount: $34,172.96 34,172.96 Amount: $72,350.13 1,981.80 1.1/1.17.13 Plymouth Creek Plyfld 11.29/12.31.12 Plyflds,Elm Creek conc,Pavilion,Amphitheater Inv. 51509749551212B 12/31/2012 12.17/12.31.12 Plowdgtl Creek Page 1 of 16 2/21/2013 PLyfld $453.06 Inv. 51626172430113 01/30/2013 Inv.51626172431212A PCC,FH,CC,PS,FS3,HS $33,301.03 Check 129460 Date Paid:02/07/2013 Inv. 535814 01/16/2013 Inv. 535816 01/16/2013 Inv. 535817 01/16/2013 Check 129461 Date Paid:02107/2013 Inv.54104125 01/18/2013 Inv.54104127 01/18/2013 Check 129462 Date Paid:02107/2013 Inv.130206 02/06/2013 Check 129463 Date Paid:02/07/2013 Inv.130227 02/06/2013 Check 129464 Date Paid:02/07/2013 Inv.130206 02/06/2013 Check 129465 Date Paid:02/07/2013 Inv.130212 02/06/2013 Check 129466 Date Paid:02/07/2013 Inv. Import - 1587 02/06/2013 Check 129467 Date Paid:02/07/2013 Inv. Import - 1582 02/06/2013 Check 129468 Date Paid:02/07/2013 Inv. Import - 1584 02/06/2013 Check 129469 Date Paid:02/07/2013 Inv. Import - 1585 02/06/2013 Check 129470 Date Paid:0210712013 Inv. Import - 1581 02/06/2013 Check 129471 Date Paid:02/07/2013 Inv. Import - 1586 02/06/2013 Check 129472 Date Paid:02/07/2013 Inv. Import - 1588 02/06/2013 Check 129473 Date Paid:02/07/2013 Inv. Import - 1583 02/06/2013 Check 129474 Date Paid:02/14/2013 Inv.22661700 02/13/2013 1.1/1.16.13 PCC,FH,CC,HS,FS3,PS Residential Street Lights 12/15/2012 Residential Street Lights Yocum Oil Company Inc 3994gl Unleaded fuel 2008gl Unleaded fuel 2005gl Diesel fuel Zee Medical Service medical resupply Medical supplies Minnesota POST Board Molly Sutherland Peace Officer License Mill City Museum 2.27.13 Deposit for tour Petty Cash Teen Program petty cash WILS 2.12.13 Workshop Ball, Mary Park and Rec Refund Clark, Marcy Park and Rec Refund Greenblat, Lori Park and Rec Refund Gryczan, Jackie Park and Rec Refund Heyer, Amy Park and Rec Refund Muske, Elizabeth Park and Rec Refund Pouliot, Joy Park and Rec Refund Thorne, Larrie Park and Rec Refund Aacron Inc 2705 Cheshire Ln N water refund Check 129475 Date Paid:02/14/2013 Ace Lock & Safe Co Inc Inv. A90325 01/25/2013 Padlocks Inv. A90367 01/20/2013 replace Mortise Lock body - lockerroom #11 Check 129476 Date Paid:02/14/2013 Inv.1730014 01/11/2013 Inv.1734814 01/15/2013 Page 1 of 16 Acme Tools 2 cordless drills,4 Big Stick flashlights 2 Cordless torque impac,hammer drill,dewalts,flashlights 33,771.30 12.12/12.31.12 Amount: $23,604.50 11,936.86 5,460.96 6,206.68 Amount: $445.37 178.51 266.86 Amount: $90.00 90.00 Amount: $198.00 198.00 Amount: $100.00 100.00 Amount: $75.00 75.00 Amount: $61.00 61.00 Amount: $41.00 41.00 Amount: $41.00 41.00 Amount: $54.00 54.00 Amount: $41.00 41.00 Amount: $41.00 41.00 Amount: $41.00 41.00 Amount: $41.00 41.00 Amount: $9,998.46 9,998.46 Amount: $979.90 578.40 401.50 Amount: $2,552.78 573.88 1,124.27 Page 8 2/21/2013 Inv. 1740004 01/18/2013 4 var size Lam wheel,1 gearwrench Inv. 1744205 01/22/2013 1 12" chain wrench Inv. 1754354 01/29/2013 1 duty cord reel Inv. 1756042 01/30/2013 Dewalt impact wrench,Dewalt cordless jig saw Inv. 1756947 01/30/2013 1 Dewalt cordless power tool ext run,1 dewalt reciprocating saw Check 129477 Date Paid:02/14/2013 Action Fleet Inc Inv. 9188 11/02/2012 Unit 2009 sign truck/trouble shoot dock Check 129478 Date Paid:02114/2013 AK Material Handling Systems Inv. S1030242 02/01/2013 1 set of 3 Brace 144" Check 129479 Date Paid:02/14/2013 AI's Coffee Company Inv. 136347 01/22/2013 IC Concession coffee resupply Check 129480 Date Paid:02/14/2013 Inv. 0894003067511 12/31/2012 Inv. 0894003087822 01/25/2013 Inv. 0894003093959 01/31/2013 Inv. 0894003094020 01/31/2013 Inv. 0894003094198 01/31/2013 Check 129481 Date Paid:02/14/2013 Inv. 12085 02/12/2013 121.83 46.75 170.99 254.37 260.69 Amount: $45.00 45.00 Amount: $406.27 406.27 Amount: $236.20 236.20 Allied Waste Services Amount: $53,940.16 12.20.12 PM Roll o ff 525.75 12.26/1.22.13 IC Rubbish Removal 848.20 Jan'13 Curbside/Dropoff recycling less Dec rev 51,802.86 1.16.13 CR 47/Juneau Ln 1 rolloff constr/demo 14.97 debris Jan'13 PM Rolloff 748.38 Allina/West Health ESC12085 escrow refund PUD sign plan amend Check 129482 Date Paid:02/14/2013 Ancom Communications Inc Inv. 34673 01/18/2013 5 Interface cables Check 129483 Date Paid:02/14/2013 Athletica/Sport Systems Unlimited Inv. 0036704IN 01/22/2013 Ad Panel .118"x34.5"x96" Inv. 00367361N 01/23/2013 Glass for Rink C Check 129484 Date Paid:02/14/2013 Bertelson Total Office Solutions Inv. WO8279961 01/24/2013 plastic comb bindings Check 129485 Date Paid:02/14/2013 Blue Tarp Financial/Northern Tool Inv. 0191045131 12/05/2012 tool boxes,weather lights, batteries, pliers,wrenches etc Inv. 4061000625 07/31/2012 7.31.12 ATV Boom Kit,spot sprayer Check 129486 Date Paid:02/14/2013 Blue Tarp Financial/Northern Tool Inv. 4062073309 12/27/2012 Brush trailcutter,2ton jack Check 129487 Date Paid:02/14/2013 Boyer Trucks Inv. 123753R 01/22/2013 Unit 276 Pump/core ... see core credit Inv. CM123753R 01/29/2013 CR inv 123753R core Check 129488 Date Paid:02/14/2013 Braun Intertec Corporation Inv. 365519 02/05/2013 2.1.13 2013 Street Reconstruction Inv. 365520 02/05/2013 2.1.13 Highway 55 Frontage Rd Recon Inv. 365623 02/07/2013 2.1.13 2013 Retaining wall project Check 129489 Date Paid:02/14/2013 Campbell Knutson Prof Assoc Inv. 123112 12/31/2012 Dec'12 Attornery services Check 129490 Date Paid:02/14/2013 Carlson Companies Inc Inv. 24239336 02/12/2013 13905 Co Rd 6 water refund Check 129491 Date Paid:0211412013 CDW Government Inc Page 1 of 16 Amount: $2,483.97 2,483.97 Amount: $1,042.03 1,042.03 Amount: $1,151.05 112.22 1,038.83 Amount: $32.14 32.14 Amount: $543.75 201.77 341.98 Amount: $1,498.37 1,498.37 Amount: $370.40 838.92 468.52) Amount: $11,530.00 5,530.00 3,150.00 2,850.00 Amount: $31,094.52 31,094.52 Amount: $313.42 313.42 Amount: $1,948.39 Page 9 2/21/2013 Inv. V134532 12/08/2012 Inv. V269468 12/12/2012 Inv. W028618 01/04/2013 Inv. W146514 01/08/2013 Inv. W483150 01/16/2013 Inv. W847229 01/24/2013 See credit W028618 See cr W 146514 Credit inv V134532 Cr inv V269468 sual head swipe USB 1 Panasonic toughbook Check 129492 Date Paid:02/14/2013 CenturyLink Inv. E2325760213 02/01/2013 Feb'13 E23.2576 Inv. E4404790213 02/01/2013 Feb'13 E44.0479 Inv. E4404930213 02/01/2013 Feb'13 E44.0493 Check 129493 Date Paid:02/14/2013 Yuan Cheng & Tianshu Tao Inv. 24211710 02/12/2013 15725 16th Ave N water refund Check 129494 Date Paid:02/14/2013 Christ Memorial Lutheran Church Inv. 100 05/17/2012 8.14.12 & 11.6.12 Primary/General election facility use Check 129495 Date Paid:02/14/2013 Robert Clark Inv. 130206 02/06/2013 2.6.13 Coffee Concert Check 129496 Date Paid:02/14/2013 Coca Cola Enterprises Bottling Inv. 130205 02/05/2013 Jan'13 IC Concession pop resupply 5,908.08 5,149.38 5,908.08) 5,149.38) 269.48 1,678.91 Amount: $1,101.54 107.95 539.71 453.88 Amount: $59.38 59.38 Amount: $300.00 300.00 Amount: $100.00 100.00 Amount: $1,758.41 1,758.41 Check 129497 Date Paid: 02/14/2013 Commercial Refrigeration Syst Amount: $1,099.28 Inv. 41321 01/08/2013 9.21.12 IC installed VFD for rink A/B condensor $1,099.28 Check 129498 Date Paid:02/14/2013 Inv. 130201 02/12/2013 Check 129499 Date Paid:02/14/2013 Inv. 2013-00000030 01/04/2013 Check 129500 Date Paid:02/14/2013 Inv.2560728 01/23/2013 Check 129501 Date Paid:02/14/2013 Inv. 206JAN13 02/04/2013 Crime Stoppers of Minnesota 2013 Partnership Renewal Cub Foods Jan. 2013 Charges Dalco hand towels/toliet tissue Data Recognition Corporation Jan'13 UB Postage Check 129502 Date Paid:02/14/2013 Designwrite Studios Inv. 5719 01/21/2013 Jan-Feb'13 Plymouth News layout Inv. 5720 01/21/2013 Jan-Feb'13 PlymouthPS Extra Layout Check 129503 Date Paid:02/14/2013 Inv.01857540 01/22/2013 Check 129504 Date Paid:02/14/2013 Inv.82700007113 01/18/2013 Inv.82700007213 01/18/2013 Check 129505 Date Paid:02/14/2013 Inv. 14162b 02/05/2013 Inv. 14163b 02/05/2013 Inv. 14164 02/05/2013 Inv. 14165 02/05/2013 Inv. 14192 02/08/2013 Discount Steel Inc Tubing DPC Industries Inc 5,1201b Hydrofluorosilicic @ .3430 CWP 84481b Hydrofluorosilicic @ .3430 DSS Commercial Inc Jan'13 Stn 73 sidewalk services Jan'13 Messiah sidewalk services Jan'13 Var Metrolink shelters sidewalk service Jan'13 Nathlan Ln Transit sidewalk services Jan'13 Var Transit shelter trash pickup Amount: $150.00 150.00 Amount: $562.95 562.95 Amount: $756.73 756.73 Amount: $3,684.09 3,684.09 Amount: $1,318.42 678.34 640.08 Amount: $192.38 192.38 Amount: $4,653.82 1,756.16 2,897.66 Amount: $7,479.87 2,070.03 391.70 2,785.70 1,083.53 1,148.91 Check 129506 Date Paid: 02/14/2013 Donna DuSchane Amount: $15.89 Inv. 130209 02/12/2013 2.5/2.9.13 Reimb Joann Fabrics scanner dust $15.89 cover materials Page 10 Page 1 of 16 2/21/2013 Check 129507 Date Paid:02/14/2013 EDM Publishers Inv. 15412759 02/12/2013 Renew Legal Briefings/Joe Ryan Check 129508 Date Paid:02/14/2013 Elder -Jones Building permit sv Inv. 201207164 02/07/2013 16355 15th Ave N BU Permit refund Check 129509 Date Paid:02/14/2013 Inv.0012420IN 01/23/2013 Inv. 0012421 IN 01/23/2013 Inv. 00124261N 01/25/2013 Check 129510 Date Paid:02/14/2013 Inv. 130101 01/31/2013 Check 129511 Date Paid:02/14/2013 Inv.92605034 01/24/2013 Check 129512 Date Paid:02/14/2013 Inv. 21245 01/20/2013 Check 129513 Date Paid:02/14/2013 Inv.14092912 01/30/2013 Inv.70130270 01/04/2013 Inv.70131759 01/16/2013 Inv.70132203 01/18/2013 Inv.70132499 01/22/2013 Inv.70132776 01/23/2013 Inv.70132928 01/24/2013 Inv.70132957 01/24/2013 Electrical Installation & Mnt Relamps at var sites TH169 @ Schmitt Lk Rd Lights on signal system Remove ped push button at Revere/6th Amount: $98.78 98.78 Amount: $84.60 84.60 Amount: $5,567.88 5,217.88 250.00 100.00 eQuality Pathways to Potential Amount: $384.75 Jan'13 PCC Janitorial $384.75 ESRllnc Amount: $1,816.88 Convert single ArcView to Concurrent Arcview $1,816.88 License Express Press Inc Healthy Living Fair inserts Factory Motor Parts Co Jan. 2013 Credit - core returns Jan. 2013 Charges -09 Ford F150 Trans fluids Jan. 2013 Charges -09 Crown Vic spark plug Jan. 2013 Charges -09 Crown Vic Rotor Jan. 2013 Charges -09 Crown Vic motor/mayneed Jan. 2013 Charges -94 Ford F350 reman alternator Jan. 2013 Charges -disc br pad set/super duty set Jan. 2013 Charges -09 Crown Vic Motor/window Check 129514 Date Paid:02/14/2013 Shelia & Robert P Falvey Inv. 24192842 02/12/2013 18235 Co Rd 24 water refund Check 129515 Date Paid:02/14/2013 Fastenal Company Inv. MNPLY59160 01/25/2013 Belt Check 129516 Date Paid:02/14/2013 Federal Home Loan corp Inv. 24274854 02/12/2013 5036 Garland Ln N water refund Check 129517 Date Paid:02/14/2013 FedEx Inv. 215350986 01/23/2013 1.3.13 UT/to Rice Lake constr Check 129518 Date Paid:02/14/2013 Ferguson Waterworks #2516 Inv. 00091281 01/24/2013 cts pet ins stfnr Inv. 0009136 01/24/2013 2 ball curb Amount: $441.24 441.24 Amount: $621.71 64.13) 90.66 29.84 136.86 48.85 161.85 118.35 99.43 Amount: $73.72 73.72 Amount: $109.20 109.20 Amount: $23.08 23.08 Amount: $15.96 15.96 Amount: $284.22 26.22 258.00 Check 129519 Date Paid: 02/14/2013 Fidelity Building Services Inc Amount: 1,513.40 Inv. 00656781N 02/01/2013 Jan'13 6cs trash/wastebasket liners 225.83 Inv. 0065691 IN 02/07/2013 2.5.13 PS/CC Terrazzo floors scrubbed/waxed 1,034.28 Inv. 00656921N 02/07/2013 2.5.13 CC Rubber stairwels waxed 253.29 Check 129520 Date Paid:02/14/2013 Fire Equipment Specialities Amount: 64.00 Inv. 7801 01/19/2013 2 Suspenders 64.00 Check 129521 Date Paid:02/14/2013 G&K Services Inc Amount: 483.12 Inv. 1006333187 01/21/2013 1.21.13 Rug service 116.42 Page 11 Page 1 of 16 2/21/2013 Inv. 1006342355 01/25/2013 City Uniforms $366.70 Check 129522 Date Paid:02/14/2013 Inv.9047330627 01/22/2013 Inv.9047330643 01/22/2013 Inv. 9047840641 01/23/2013 Inv.9048163282 01/23/2013 Inv.9048455514 01/23/2013 Inv.9049105126 01/24/2013 Inv.9049105134 01/24/2013 Inv.9050128819 01/25/2013 Inv.9050128827 01/25/2013 Inv.9050128835 01/25/2013 Inv.9050128843 01/25/2013 Inv.9050550624 01/25/2013 Inv.9052916120 01/29/2013 Check 129523 Date Paid:02/14/2013 Inv.24251437 02/12/2013 Check 129524 Date Paid:02/14/2013 Inv.097576 01/02/2013 Inv. 097581 01/02/2013 Inv.097593 01/03/2013 Inv.097697 01/09/2013 Inv.097963 01/29/2013 Inv.097976 01/30/2013 Inv. 097989 01/31/2013 Check 129525 Date Paid:02/14/2013 Inv. 19349 12/10/2012 Grainger kitchen faucet hands free lock/butane refill ceramic metal halide hearing band paint/paint tray liners plug in non dim (returned inv#9052916120) fluorescent lamp V Belt batteries/lockout tag air freshners open shop gray desk scorching torch/socket set/cell phone holder plug in non dim return - -Credit Laura L & Gregg D Groechel 10565 57th Ave N water refund Hamel Lumber Inc Jan 2013 Charges Jan 2013 Charges Jan 2013 Charges Jan 2013 Charges Jan 2013 Charges Jan 2013 Charges Jan 2013 Charges Hance Utility Services Inc 12.7.12 Private utility locate Check 129526 Date Paid:02/14/2013 Hawk Performance Specialties Inv. 2412 01/19/2013 1.18.13 IC Rink "C" Zamboni service Check 129527 Date Paid:02/14/2013 Inv. 3430307RI 01/25/2013 Check 129528 Date Paid:02/14/2013 Inv. 1000024760 01/31/2013 Hawkins Water Treatment 659.8361gl Sodium, 315.8845gl LPC -9L Hennepin County Treasurer Jan'13 Per Diem prisoners Check 129529 Date Paid:02/14/2013 Henry's Waterworks Inc Inv. 16247 01/23/2013 9 Var size repair clamps Inv. 16252 01/23/2013 11 Var size repair clamps Check 129530 Date Paid:02/14/2013 Inv. 700063884 01/21/2013 Check 129531 Date Paid:02/14/2013 Inv.24208480 02/12/2013 Check 129532 Date Paid:02/14/2013 Inv.20130128 01/28/2013 Hillyard Inc - Minneapolis squeegee assembly Jeanine A & Kristian Hoeh 17915 48th Ct N water refund Home Depot Jan 2013 Charges Check 129533 Date Paid:02/1412013 Homes By Tradition LLC Inv. 24276085 02/12/2013 5455 Orchid Ln N water refund Check 129534 Date Paid:02/14/2013 Inv.096209 01/02/2013 Page 1 of 16 Hopkins Parts Co. Jan 2013 Charges -air brake compresso Amount 255.73 92.10 92.72 58.89 64.38 47.56 150.05 67.33 32.13 20.99 345.31 299.13 47.56) 1,478.76 Amount: 114.21 114.21 Amount: 402.24 10.47 7.86 89.60 96.04 21.27 138.22 38.78 Amount: 127.50 127.50 Amount: 371.39 371.39 Amount: $11,935.55 11,935.55 Amount: $3,057.92 3,057.92 Amount: $4,017.20 1,775.69 2,241.51 Amount: $377.00 377.00 Amount: $104.29 104.29 Amount: $4,111.56 4,111.56 Amount: $108.98 108.98 Amount: $1,159.59 13.08 Page 12 2/21/2013 Inv. 096380 01/07/2013 Jan 2013 Charges -Backing Plates/Drums/seal Inv. 096534 01/09/2013 Jan 2013 Charges Inv. 096825 01/16/2013 Jan 2013 Charges Bulb/hose clamp Inv. 096826 01/16/2013 Jan 2013 Charges -battery Inv. 096827 01/16/2013 Jan 2013 Charges-gearflex/telescpmirrrect Inv. 097149 01/01/2013 Jan 2013 Charges -outer tie rod Inv. 097154 01/23/2013 Jan 2013 Charges-grease/gun coup/GR Hose Check 129535 Date Paid:02/14/2013 Horwitz-NS/I Inv. HJ011267 01/31/2013 ZWP backwash valve work Check 129536 Date Paid:02/14/2013 Indigital Inv. 9825 02/07/2013 Microfiche scans to digital Check 129537 Date Paid:02/14/2013 J H Larson Electrical Co Inv. S100306339001 01/21/2013 IC 6 Acrylic lens covers for light fixtures Check 129538 Date Paid:02/14/2013 Inv. 3626 02/01/2013 Check 129539 Date Paid:02/14/2013 Inv. 130103 01/03/2013 Inv.20130117 01/17/2013 Check 129540 Date Paid:02/14/2013 Inv. 6749 01/22/2013 Inv. 6799 01/28/2013 Inv. 6837 01/31/2013 J Jenson Enterprises Jan'13 Snowplowing John's Auto Electric Inc 1.3.13 rebuilt alternator Repair J Balt /labor/bearing & JRK Seed 1.22.13 Todd,Troy,Dave, Greg workshop 1.29.13 Lowerll + 3 workshop Dan Heitke/Paul Buck workshop Check 129541 Date Paid:02/14/2013 Kid Create Studio Inv. 3108 02/08/2013 2.4.13 Valentines art class Check 129542 Date Paid:02/14/2013 Inv. 8617 02/01/2013 Kidd Plumbing Inc 12.27.12 IC rplc circuit board,sensor,ignitor Blue Room Check 129543 Date Paid:02/14/2013 Krames StayWell LLC Inv. 6855791 01/24/2013 30 Babysitting manuals Check 129544 Date Paid:02/14/2013 Inv. 58655 01/24/2013 Check 129545 Date Paid:02/14/2013 Inv. C0017497 01/14/2013 Check 129546 Date Paid:02/14/2013 Inv. US93415788 01/23/2013 Inv. US93417645 01/25/2013 Inv. US93426673 02/07/2013 Check 129547 Date Paid:02/14/2013 Inv. 10345582013013 01/31/2013 Check 129548 Date Paid:02/14/2013 Inv. 01846 02/07/2013 Lano Equipment Inc Unit 2010 Quick attach plate League of MN Cities Ins Trust Claim 2012.13 accident repairs Leica Geosystems Inc Claim 2013.01 Allegro MX Claim 2012.01 Data transfer cable Lemo Claim 2013.01 SurvCE Basic software LexisNexis Risk Data Management Inc Jan'13 LexisNexis Lighten UP, LLC Lighting retrofit project in police garage Check 129549 Date Paid:02/14/2013 Loretto Auto Recondition Inv. 34531 01/19/2013 Unit 1017 claim 2013.01 accident repairs Check 129550 Date Paid:02/14/2013 Lowe's Inv. 20130202 01/01/2013 Jan 2013 Charges Check 129551 Date Paid:02/14/2013 Grace J McKay Page 1 of 16 739.62 61.04 15.82 99.46 41.13 51.74 137.70 Amount: $23,052.93 23,052.93 Amount: $412.32 412.32 Amount: $674.09 674.09 Amount: $400.00 400.00 Amount: $388.87 154.97 233.90 Amount: $150.00 60.00 60.00 30.00 Amount: $100.00 100.00 Amount: $550.15 550.15 Amount: $377.92 377.92 Amount: $160.31 160.31 Amount: $5,869.50 5,869.50 Amount: $3,111.48 2,756.66 102.59 252.23 Amount: $122.75 122.75 Amount: $4,081.20 4,081.20 Amount: $2,226.13 2,226.13 Amount: $102.17 102.17 Amount: $70.Vage 13 2/21/2013 Inv. 24204701 02/12/2013 16900 9th Ave N water refund 70.51 01/11/2013 Check 129552 Date Paid:02/14/2013 Medica Insurance Company Amount: 192,897.87 Inv. 0030475037 02/12/2013 Mar'13 Health Insurance Prem 192,897.87 Check 129553 Date Paid: 02/14/2013 Metropolitan Area Mgmt. Assoc/MAMA Amount: 90.00 Inv. 130201 02/12/2013 2013 Laurie Ahrens Membership 45.00 Inv. 130201A 02/12/2013 2013 Dave Callister Membership 45.00 Check 129554 Date Paid:02/14/2013 Metropolitan Council Amount: 53,034.30 Inv. 130131 01/31/2013 Jan'13 Sewer Availability Charge/SAC Report 53,034.30 Check 129555 Date Paid:02/14/2013 Minnesota Conway Fire & Safety Inc Amount: 222.45 Inv. 51695 01/21/2013 cable/service call/verification collar/seal 222.45 Check 129556 Date Paid:02/14/2013 Minnesota GFOA Amount: 300.00 Inv. 130201 02/12/2013 20135 300.00 Memberships/Fields, Berg, Fields, McMackins,B ursh,Weitg Check 129557 Date Paid:02/14/2013 Mint Cards Inc Amount: 164.75 Inv. 07350 01/03/2013 2,500 K-9 Odie/Dane trading cards 164.75 Check 129558 Date Paid:02/14/2013 MN Dept of Natural Resources Inv. 1978637612 02/12/2013 2012 Withdrawl fee -Summer Surcharge Check 129559 Date Paid:02/1412013 Mobile Lock And Safe Co. Inv. 06586A 01/08/2013 Squad keys (9) Inv. 06591 01/24/2013 Lock box keys Check 129560 Date Paid:02/1412013 Inv. 322906 01/01/2013 Inv. 323991 01/11/2013 Inv.324273 01/14/2013 Inv.324338 01/14/2013 Inv.324625 01/16/2013 Inv.324756 01/17/2013 Inv.324917 01/18/2013 Inv.325369 01/22/2013 Inv.325376 01/22/2013 Inv. 325469 01/22/2013 Inv. 325614 01/23/2013 Inv.325703 01/24/2013 Inv. 325705 01/24/2013 Inv. 325915 01/25/2013 Inv. 326233 01/28/2013 Inv. 326370 01/29/2013 Check 129561 Date Paid:02/14/2013 Inv. 426320 01/31/2013 Check 129562 Date Paid:02/14/2013 Inv. PSA539 01/21/2013 Check 129563 Date Paid:02/14/2013 Page 1 of 16 NAPA Geniune Auto Parts Co Jan 2013 Charges -hood lift 01 Ford F350 Jan 2013 Charges-battery/adjment Jan 2013 Charges -capsule Jan 2013 Charges -shock 04 Jeep Grand Cherokee Jan 2013 Charges Jan 2013 Charges -core dpst refund Jan 2013 Charges-drivebelt 07 Chev Trailblazer Jan 2013 Charges- T -was shell liquid/terry towel Jan 2013 Charges -solenoid Jan 2013 Charges -battery 07 Chev Truck Colorado Jan 2013 Charges -battery Jan 2013 Charges -diesel exhaust fluid Jan 2013 Charges -halogen capsule Jan 2013 Charges- MT Tape Jan 2013 Charges -battery Jan 2013 Charges -plug Nardini Fire Equipment Co Inc CC Halon system inspection North Memorial EMS Education 4.22/4.25.13 Sutherland&Johnson First Responder refresher Northern Sanitary Supply Co Inc Amount: $55,959.10 55,959.10 Amount: $57.11 27.72 29.39 Amount: $956.61 27.78 41.84 38.41 106.85 186.02 12.83) 38.89 30.43 25.10 99.78 91.81 74.76 53.43 48.08 91.81 14.45 Amount: $225.00 225.00 Amount: $100.00 100.00 Amount: $1,375.64 Page 14 2/21/2013 Inv. 159735 01/30/2013 bathroom supplies Inv. 159736 01/30/2013 bathroom supplies Inv. 159819 02/01/2013 wipers - dispense Check 129564 Date Paid:02/14/2013 Inv. 639020994001 01/03/2013 Inv. 639755821001 01/09/2013 Inv. 642610795001 01/23/2013 Inv. 642610801001 01/23/2013 Inv. 642696411001 01/23/2013 Check 129565 Date Paid:02/14/2013 Inv. DV13010469 02/05/2013 Office Depot mouse pad/wrist rest return #638587954001 cartridge returns inv#638019403001 envelopes/correction fluid finger sure grips magnets/folders/pens/labels Office of Enterprise Technolog Jan'13 Router/CSU for CJDN 959.10 301.37 115.17 Amount: $132.70 11.07) 49.07) 57.83 3.06 131.95 Amount: $90.00 90.00 Check 129566 Date Paid: 02/14/2013 On Site Sanitation Amount: $32.06 Inv. A485985 01/22/2013 1.21.13 E Med Lake tipped unit 16.03 Inv. A486050 01/25/2013 1.23.13 W Med Lake tipped unit 16.03 Check 129567 Date Paid: 02/14/2013 Owens Companies Inc Amount: $2,270.77 Inv. 48574 01/23/2013 Jan-Mar'13 Dome HVAC Prev Maint 393.75 Inv. 48581 01/23/2013 check automation problems -zone 1 421.68 Inv. 48588 01/23/2013 WTP1 - check generator damper problems 161.00 Inv. 48589 01/23/2013 WTP 1 - generator damper issues at Vicksburg 273.00 Inv. 48625 01/25/2013 Unit heater at lancaster Lift 475.34 Inv. 48707 01/30/2013 CWP -roof top unit 273.00 Inv. 48787 01/31/2013 PCC -automation problems 273.00 Check 129568 Date Paid:02/14/2013 Inv. 8403 02/01/2013 Performance Signs & Displays Inc Amount: $79.09 6 City plaques $79.09 Check 129569 Date Paid:02/14/2013 Phasor Electric Company Amount: $289.65 Inv. 041328 01/21/2013 Repair Circuit 289.65 Check 129570 Date Paid: 02/14/2013 Pilates MN Amount: $270.00 Inv. 130204 02/08/2013 1.7/2.4.13 Mondays Pilates Reformer Instr 135.00 Inv. 130209 02/08/2013 1.12/2.9.13 Saturdays Pilates Reformer Instr 135.00 Check 129571 Date Paid:02/14/2013 PLEAA Inv. 130101 02/12/2013 2013 Lorelei Batula & Teri Wetternach Membership Check 129572 Date Paid:02/14/2013 Inv. 130211 02/12/2013 Check 129573 Date Paid:02/1412013 Inv.22594 01/24/2013 Check 129574 Date Paid:02/14/2013 Inv. 130131 01/31/2013 Check 129575 Date Paid:02/14/2013 Inv.263347 01/23/2013 Postmaster Bulk Permit 1889 Postage Deposit/ Precision Auto Upholstery Inc Repair of rear Tarp #034 Premier Lawn & Landscape LLC Jan'13 Snowplowing Printers Service Inc Knife Sharpening Check 129576 Date Paid:02/14/2013 Zeenath F Qureshi Inv. 24155627 02/12/2013 13826 52nd Ave N water refund Check 129577 Date Paid:02/1412013 Inv. 021847 01/10/2013 Check 129578 Date Paid:02/14/2013 Inv. 130127 01/31/2013 Radio Shack Corporation phone hndst rec control Daniel Richards 1.6/1.27.13 Winter Indoor tennis lessons Amount: $70.00 70.00 Amount: 4,500.00 4,500.00 Amount: 231.00 231.00 Amount: 1,050.00 1,050.00 Amount: 36.00 36.00 Amount: $128.62 128.62 Amount: $49.14 49.14 Amount: $1,093.40 1,093.40 Page 15 Page 1 of 16 2/21/2013 Check 129579 Date Paid:02/14/2013 Riot Creative Imagine Amount: 182.49 Inv. MN10060920 01/23/2013 6mm SINTRA 24x36 182.49 Inv. 1976140 Check 129580 Date Paid:02/14/2013 RMR Services LLC Amount: 4,634.55 Inv. 201357 02/08/2013 Jan'13 10,299 Meter Reads 4,634.55 Check 129581 Date Paid:02/14/2013 Road Machinery & Supplies Co/RMS Rental Amount: 3,136.48 Inv. W14227 01/24/2013 Repair Hyd Hammer 3,136.48 Check 129582 Date Paid:02/14/2013 The Rose Companies Inc Amount: 1,145.00 Inv. 17283 01/29/2013 Jan'13 Snowplowing 1,145.00 Check 129583 Date Paid: 02/14/2013 Safe Kids Worldwide Amount: 100.00 Inv. 130212 02/12/2013 Technician Re -Certification - Erik Jacobson 50.00 Inv. 130213 02/12/2013 Technician Re -Certification - Lee Narwid 50.00 Check 129584 Date Paid:02/14/2013 Scharber & Sons Inv. E00114 01/04/2013 321 R Powerclear Toro 21" 4 cycle Inv. P02863 01/03/2013 2 Sprocket Inv. P02990 01/17/2013 1 Oil filter Check 129585 Date Paid:02/14/2013 Inv. 2681 02/04/2013 Check 129586 Date Paid:02/14/2013 Inv.130202 02/12/2013 Check 129587 Date Paid:02/14/2013 Inv.33020 01/22/2013 Check 129588 Date Paid:02/14/2013 Inv. 264919 01/16/2013 Check 129589 Date Paid:02/14/2013 Inv. CM260264 01/17/2013 Inv. 1004502 01/25/2013 Inv. 1971140 11/05/2012 Inv. 1974840 11/20/2012 Inv. 1976140 11/26/2012 Inv. 1988789 01/07/2013 Science Explorers 1.28/3.18.13 Small Change class SCSU Intercollegiate Athletics 2.2.13 F & I Mascot Appearance Sherwin Williams Paint Short Elliott Hendrickson Inc/SEH Dec'12 Tower Antenna project Streicher's Inc Cr1988789 Fusee 30 min without spike Day pant,belt Kaczmarczyk pant B Olson tie,pants See cr CM260264 Check 129590 Date Paid:02/14/2013 Sun Newspapers Inv. 1418964 01/20/2013 Generator Bids Inv. 1419043 01/20/2013 Fire & Ice Medallian clues Check 129591 Date Paid:02/14/2013 Superior Brookdale Ford Inv. 80170 01/23/2013 spord bulb Check 129592 Date Paid:02/14/2013 Inv. 20613f 02/06/2013 Check 129593 Date Paid:02/14/2013 Inv. INV 39113 12/28/2012 Inv. I N V39114 12/28/2012 Inv. INV 39115 12/28/2012 Inv. I NV39116 12/27/2012 Inv. INV 39117 12/27/2012 Inv. I N V39118 12/27/2012 Inv. INV39119 12/26/2012 Check 129594 Date Paid:02/14/2013 Page 1 of 16 Sword Play Winter fencing lessons Sylva Corporation Inc 100cy Softstep 100cy Softstep 100cy Softstep 100cy Softstep 100cy Softstep 100cy Softstep plygrnd resurface 100cy Softstep plygrnd surfacing T Mobile Amount: $609.15 454.22 98.86 56.07 Amount: 450.00 450.00 Amount: 75.00 75.00 Amount: 393.19 393.19 Amount: 645.33 645.33 Amount: $347.95 269.97) 170.00 71.98 49.99 55.98 269.97 Amount: $284.95 64.95 220.00 Amount: $48.62 48.62 Amount: $1,080.00 1,080.00 Amount: $9,557.38 1,365.34 1,365.34 1,365.34 1,365.34 1,365.34 1,365.34 1,365.34 Amount: $56.58 Page 16 2/21/2013 Inv. 4659773110213 02/02/2013 Feb'13 UT/SW GPS Check 129595 Date Paid:02/14/2013 Taho Sportswear Inc Inv. 13TF0053 01/24/2013 Basketball - T-shirts Check 129596 Date Paid:02/14/2013 TDS Metrocom Inv. 50950000213 02/13/2013 Feb'13 509.5000 land lines Check 129597 Date Paid:02/14/2013 Terminal Supply Company Inv.9479900 01/24/2013 P138-587 Check 129598 Date Paid:02/14/2013 Titan Machinery Inc Inv. 10057450010 01/20/2013 1.4/2.1.13 Skidwhl rental Check 129599 Date Paid:02/14/2013 Inv.30774 01/22/2013 Check 129600 Date Paid:02/14/2013 Inv.124657 01/25/2013 Inv.124658 01/25/2013 Inv.124659 01/25/2013 Check 129601 Date Paid:02/14/2013 Inv.24283340 02/12/2013 TNC Industries Inc FS Plymovent vehicle exhaust service Toll Company Oxygen propane propane Tristar Homes LLC 15015 52nd Ave N water refund Check 129602 Date Paid:02/14/2013 Uniforms Unlimited Inc. Inv. 149452 01/18/2013 7 15ft single cartridge Inv. 150251 01/25/2013 2 Tasers/8 batteries Check 129603 Date Paid:02/14/2013 Inv. W0296261 B 01/31/2013 Check 129604 Date Paid:02/14/2013 Inv.2863896418 01/25/2013 Check 129605 Date Paid:02/14/2013 Inv. F230240022 01/24/2013 Check 129606 Date Paid:02/14/2013 Inv.130205 02/12/2013 Check 129607 Date Paid:02/1412013 Inv. 822529 01/24/2013 Check 129608 Date Paid:02/14/2013 Inv. 51472281600113 01/28/2013 Inv. 51472281601212A 30.95 Inv. 51554915750113 01/28/2013 Inv.51554915751212A Inv. 51618204530113 01/28/2013 Inv. 51618204531212A 1,298.36 Check 129609 Date Paid:02/14/2013 Inv. SW050194643 01/25/2013 Check 129610 Date Paid:02/14/2013 Inv.130206 02/06/2013 Check 129611 Date Paid:02/14/2013 Inv. 2013-00000024 02/08/2013 Page 1 of 16 USA Mobility Wireless Inc Feb'13 SW/UT pager rental Verizon Wireless 12.26/1.25.13 Cellular Phones W D Larson Companies LTD Inc Filters Thomas Wanous 2.5.13 Reimb mailbox damage The Watson Company IC Concession food resupply Xcel Energy 1.1/1.20.13 2 Water towers 12/31/2012 1.1/1.20.13 5 Lift Stations 12/31/2012 1.1/1.20.13 Traffic Signals 12/31/2012 Ziegler Inc Imperial Hills generator service Sandra Engdahl 2.6.13 Reimb 42 miles bloomington election mtg Law Enforce Labor Serv./Union DUES POL - Police Union Dues 56.58 Amount: $441.84 441.84 Amount: $2,306.64 2,306.64 Amount: $72.97 72.97 Amount: $1,079.44 1,079.44 Amount: $195.47 195.47 Amount: $211.30 133.26 39.02 39.02 Amount: $12.86 12.86 Amount: $2,180.52 156.73 2,023.79 Amount: $106.73 106.73 Amount: $3,176.92 3,176.92 Amount: $100.22 100.22 Amount: $30.83 30.83 Amount: $576.87 576.87 Amount: $3,567.36 56.60 12.13/12.31.12 2 Water towers 355.67 12.12/12.31.12 5 Lift Stations$249.20 1,576.58 12.11.12.31.12 Traffic Signals Amount: $541.52 541.52 Amount: $23.73 23.73 Amount: $1,381.32 1,381.32 page 17 2/21/2013 Check 129612 Date Paid:02/14/2013 Jacqueline Maas Inv. CP22A 02/11/2013 Reimbursement Check 129613 Date Paid:02/14/2013 Inv. 130130 01/30/2013 Inv.130203 02/03/2013 Check 129614 Date Paid:02/14/2013 Inv. 2013-00000026 02/08/2013 Sara Mittelstaedt Star Bucks/Treats for Sr Program Great Decisions 1.22/2.3.13 Litin,Rainbow,Costco,Schwans/Sr prog supplies MN AFSCME Council #5 DUES MTCE - Maintenance Union Dues* Check 129615 Date Paid:02/14/2013 MN Child Support Payment Ctr Inv. 2013-00000027 02/08/2013 CHID SUP% - Child Support Percentage* Amount: $10.81 10.81 Amount: $180.89 20.65 160.24 Amount: $2,455.41 2,455.41 Amount: $1,168.84 1,168.84 Check 129616 Date Paid: 02/14/2013 Patrick Olson Amount: 350.00 Inv. 130215 02/14/2013 2.15.13 Little Sweetheart Ball 350.00 Check 129617 Date Paid:02/14/2013 Buskirk, Melody Amount: 59.00 Inv. Import - 1591 02/13/2013 Park and Rec Refund 59.00 Check 129618 Date Paid:02114/2013 Kimmes, Edna Amount: 59.00 Inv. Import - 1595 02/13/2013 Park and Rec Refund 59.00 Check 129619 Date Paid:02/14/2013 Moen, Jesseli Amount: 12.00 Inv. Import - 1589 02/13/2013 Park and Rec Refund 12.00 Check 129620 Date Paid:02/14/2013 Peterson, Carol Amount: 12.00 Inv. Import - 1590 02/13/2013 Park and Rec Refund 12.00 Check 129621 Date Paid:02/14/2013 Raphael, Gervase Amount: 59.00 Inv. Import - 1593 02/13/2013 Park and Rec Refund 59.00 Check 129622 Date Paid:02/14/2013 Simpson, Sue Amount: 59.00 Inv. Import - 1594 02/13/2013 Park and Rec Refund 59.00 Check 129623 Date Paid:02/14/2013 Springer, Kip Amount: 95.00 Inv. Import - 1592 02/13/2013 Park and Rec Refund 95.00 Total Payments: 250 Total Amount Paid: $1,462,491.91 Page 1 of 16 Page 18 2/21/2013 CITY OF PLYMOUTH RESOLUTION NO. 2012 - A RESOLUTION TO APPROVE DISBURSEMENTS ENDING FEBRUARY 16, 2013 WHEREAS, a list of disbursements for the period ending February 16, 2013 was presented to the City Council for approval; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the payment of the list of disbursements of the following funds is approved: M & I Bank — Check Register General & Special Revenue Construction & Debt Service Enterprise & Internal Service Housing Redevelopment Check Register Total GRAND TOTAL FOR ALL FUNDS Approved this 26th day of February, 2013. 282,898.90 216,078.22 963,458.39 56.40 1,462,491.91 1,462,491.91 Page 19 Agenda 6.03CityofNumber: Plymouth Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR Prepared by: Jeff Swiatkiewicz, Police Captain COUNCIL MEETING Reviewed by: Mike Goldstein, Police Chief February 26, 2013 Item: Accept Donation of Money for DARE Program 1. ACTION REQUESTED: The City Council adopts the resolution accepting the donation $370 for the DARE program. The money was donated by a resident of Plymouth. 2. BACKGROUND: Heidi Fokken, a Plymouth resident, donated the sum of $370 to the Plymouth Crime and Fire Prevention Fund on behalf ofthe Plymouth Police Department. Ms. Fokken requested the money to be used for the DARE program that is taught at Zachary Lane Elementary. The Plymouth Crime and Fire Prevention Fund is a non-profit, all volunteer organization that works with the Plymouth Police & Fire Departments to identify and develop new initiatives, support ongoing programs, and purchase state-of-the-art equipment that reduces crime and enhances safety in the community. 3. BUDGET IMPACT: If accepted, there would be no impact upon the City budget. 4. ATTACHMENTS: None Page 1 CITY OF PLYMOUTH RESOLUTION No. 2013 RESOLUTION ACCEPTING DONATION OF $370 FROM HEIDI FOKKEN THROUGH THE PLYMOUTH CRIME AND FIRE PREVENTION FUND WHEREAS, the Plymouth Police Department supports and facilitates the DARE program in the Elementary Schools, WHEREAS, the money was offered as a donation to the Plymouth Police Department through the Plymouth Crime and Fire Prevention Fund. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation is accepted with thanks. Approved this 26th day of February, 2013. Page 2 City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 6.04Number: To: Laurie Ahrens, City Manager Prepared by: Craig Lindman, Police Captain Reviewed by: Mike Goldstein, Police Chief 1. ACTION REQUESTED: Item: Accept Donation of Two Bullet/Stab Proof Vests from Vested Interest in Kgs, Inc. The City Council adopts the resolution accepting the donation of two bullet/stab proof K9 vests from Vested Interest in K9s, Inc. 2. BACKGROUND: The mission ofVested Interest in K9s, Inc. is to provide U.S. made bullet/stab proof vests for Law Enforcement dogs throughout the United States. In 2012 alone this non profit organization has provided 66 vests for police K9s through private and cooperate sponsorships. The Plymouth Police Department learned that Vested Interest in K9s, Inc. based out of Massachusetts had donated K9 vests to other K9 units in Minnesota. Vested Interest in K9s, Inc. was contacted regarding the possible donation of a K9 vest to one of our K9 units. Vested Interest in K9s, Inc. requested to donate two K9 vests to the Plymouth Police Department, one for K9 Stryker (Officer Gliniany) and one for K9 Odie (Officer Dane). The K9 vests are valued at $1,000 each. The Plymouth Police K9 units are highly trained due to numerous hours of continuous training and certification. The K9 units are a valuable tool for the Police Department. They are very active throughout the City and metro area. These units are used by the various drug task forces for drug sniffs and search warrants. The K9s are also used for tracking and apprehending suspects. These activities are dangerous for the K9s and wearing a bullet/stab proof vest can be lifesaving for the K9s. Vested Interest in K9s, Inc. requests that upon delivery of the vests that the Police Department would do a press release regarding the K9 vests and that Vested Interest in K9s, Inc. would be allowed to use the photos of our K9 Officers and their K9 partners on their website. 3. BUDGET IMPACT: If accepted, there would be no impact upon the City budget. 4. ATTACHMENTS: None Page 1 CITY OF PLYMOUTH RESOLUTION No. 2013 - RESOLUTION ACCEPTING DONATION OF VESTS FOR K9S WHEREAS, the Plymouth Police Department currently maintains a K9 unit, WHEREAS, The K9 unit has a need to protect their K9 partners from potential harm to the best of their ability, WHEREAS, Vested Interest in K9s, Inc. is willing to donate two K9 bullet/stab proof vests to the Police Department's K9 unit, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation is accepted with thanks. Approved this 26th day of February, 2013. Page 2 City of Plymouth Adding quvlity to Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 6.05Number: To: Laurie Ahrens, City Manager Prepared by: Craig Lindman, Police Captain Reviewed by: Mike Goldstein, Police Chief Accept Donation of Veterinary Services for PoliceItem: Kgs from Northwest Animal Hospital in Plymouth 1. ACTION REQUESTED: The City Council adopts the resolution accepting the donation of veterinary services for the three Police K9s from Northwest Animal Hospital in Plymouth. 2. BACKGROUND: Veterinarian Sara M. Williams, DVM, MPH recently purchased and reopened Northwest Animal Hospital in Plymouth. She has proposed to donate the yearly veterinary health services for the Police Department's three K9s. This routine annual wellness care is valued at $508.73 for each dog 1,526.19 total value). 3. BUDGET IMPACT: If accepted, there would be a savings of $1,526.19 to the City budget. 4. ATTACHMENTS: None Page 1 CITY OF PLYMOUTH RESOLUTION No. 2013 - RESOLUTION ACCEPTING DONATION OF VETERINARY SERVICES FOR POLICE K9s FROM THE NORTHWEST ANIMAL HOSPITAL WHEREAS, the Plymouth Police Department maintains a police canine unit, and WHEREAS, the Plymouth Police Department supports its canine program by facilitating proper veterinary care, and WHEREAS, the donation for routine annual wellness care for three police canines to the Plymouth Police Department is being proposed by Northwest Animal Hospital in Plymouth. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the donation is accepted with thanks. Approved this 26th day ofFebruary, 2013. Page 2 rp)City of Plymouth Agenda 6 . O 6Number: Adding Qgdity to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Mike Payne, P.E., Design Manager February 26, 2013 Reviewed by: Doran Cote, P.E., Director of Public Works Order and Accept Preliminary Engineering Report, Order and Accept Plans and Specifications, Call for a Public Hearing, Order Item: Advertisement for Bids, Declare Costs to be Assessed, and Set Assessment Hearing for the Sagamore Street Reconstruction Project, City Project No. 13005 1. ACTION REQUESTED: Adopt the attached resolutions Ordering the Preliminary Engineering Report, Accepting the Preliminary Engineering Report, Ordering the Plans and Specifications, Accepting the Plans and Specifications, Calling for a Public Hearing, Ordering the Advertisement for Bids, Declaring the Cost to be Assessed, and Setting the Assessment Hearing for the Sagamore Street Reconstruction Project, City Project No. 13005. 2. BACKGROUND: The streets in the Sagamore Street Reconstruction Project Area include Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N and from Trenton Lane North to the cul-de-sac west, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N. As outlined in the attached Preliminary Engineering Report, reconstruction is recommended for the streets in the Sagamore Project Area. Reconstruction includes a street section width that will be 33 feet (from back of curb to back of curb), placement of a 1'/2 inch bituminous wearing course, 2'/2 inch bituminous base course, 8 inches of aggregate base, and 12 inches of granular sub -base with drain tile installed in the sub -base. The existing curb will be salvaged where possible. Trenton Lane N just south of 45th Avenue N and a portion of 44th Avenue are an exception to the above. Trenton Lane N is currently 53 feet wide and is proposed to be narrowed to 33' (from back of curb to back of curb) and reconfigured to make it consistent with the rest of the streets in the project area. The end ofthe driveway entrance to Plymouth Green Villas will also be reconfigured to match the new roadway. Figure 3 in the attached Preliminary Engineering Report shows the proposed layout. Page 1 Concrete aprons are proposed to be added to all entrances with the exception of the townhouses and single family homes on 43rd Avenue. This will bring those entrances up to current City standards and improve the visual appeal of the neighborhood. Another improvement to the area will be the addition of catch basins on 43rd Avenue N so that the existing cross gutter can be removed and ride quality of the street improved. Additional catch basins will be added on 44th Avenue N to bring that section of street up to current City design standards. All other existing catch basins and manholes will be inspected and repaired as needed. One rain garden is also included with the project for water quality purposes. No replacement of the existing water main is being proposed with this project. Impacts to the roadway could mostly be avoided if the existing older CIP water main needed to be repaired in the future due to the fact that it is located mostly outside the roadway. The water main valves will be evaluated and replaced as necessary by the City's Maintenance Division prior to the start of construction of this project. No major repairs to the existing sanitary sewer are proposed due to the fact that it is located mostly outside the roadway and a large portion was lined in 2011. However, sewer manholes in the roadway are proposed to be sealed in an effort to reduce any storm water runoff seeping through the manhole rings. All private utility companies have been notified of this potential project and their facilities have been shown on the proposed construction plans, according to the location notes in the record drawings provided to the City by each company. The project area is located in the Bassett Creek Watershed District. Permits will likely be required for this project and all permits will be obtained prior to construction. In addition, because this project proposes to disturb more than one acre of land, a Minnesota Pollution Control Agency (MPCA) storm water construction permit will be required. On February 19, 2013, an Information Meeting was held to discuss the details of this proposed project with the residents in the Sagamore project area. Attached is a summary of the comments and questions from that meeting. A number of residents expressed interest in a trail to reach Cub Foods and adjacent restaurants. As a result, a sidewalk will be included as a bid alternate and the City Council could decide to include or remove this at the time of the public hearing. Additionally, residents in the proposed project area have been invited to view the final plans prior to the City Council's approval. Bids for this project are scheduled to be received on March 28, 2012, and the public improvement and assessment hearings would be scheduled for April 23, 2013. In accordance with state statute, notice of the proposed improvement hearing and assessment hearing for this project would be sent to all affected property owners and would be posted in the official City Newspaper in the appropriate time frame. Included with the notice would be a recommended assessment, which would be calculated based on the lowest responsible bid received. Page 2 The current assessment policy assesses 40% of the project cost for total street reconstruction. The estimated assessments vary by property type. At this time, the estimated assessments are $350 - $500 for condominiums, $1,000 - $2,000 for townhomes, $2,230 - $3,250 for the single family home, and $42,000 - $50,000 for the apartment. 3. BUDGET IMPACT: This proposed project is included in the 2013-2017 Capital Improvement Program at an estimated cost of $1,470,000. The total estimated project cost for reconstruction of the streets in Sagamore project area is approximately $1,368,193.75 of which 514,277.50 would be assessed. The sanitary sewer improvements are estimated at 1,250 and will be funded from the Sewer Fund. The rain garden is estimated at 10,000 and will be funded from the Water Resources Fund. The water valve replacement is estimated at $50,000 and will be funded from the Water Fund. 4. ATTACHMENTS: Preliminary Engineering Report Summary of Comments from Neighborhood Information Meeting Resolutions Page 3 City of Plymouth Feasibility Report, Project No. 13005 Sagamore Street Reconstruction February 15, 2013 I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Registration No. 50484 Michael J. Payne Table of Contents Introduction..................................................................................................................................... 3 ExistingConditions......................................................................................................................... 3 ProposedImprovements.................................................................................................................. 4 SurfaceWater Protection................................................................................................................ 5 Trafficand Access.......................................................................................................................... 5 EstimatedProject Schedule............................................................................................................. 5 EstimatedCosts............................................................................................................................... 6 ProjectFinancing............................................................................................................................ 6 Appendix A — Estimated Project Cost.......................................................................................... 11 Table of Figures Figure1 - Project Location Map................................................................................................ 7 Figure2 - Typical Section........................................................................................................... 8 Figure 3 - 44th Avenue/Trenton Lane Reconfiguration 9 Figure 4 - Full Reconstruction Section................................................................................... 10 2 Pae 5 Intrnrh irtinn The City Council ordered the preparation of a preliminary engineering report for the Sagamore Street Reconstruction Project on February 26, 2013. The purpose of the report is to determine, in a preliminary manner, the feasibility of resurfacing the existing streets within the project area. The proposed Street Reconstruction Project investigated in this preliminary engineering report includes the type of work to be done to the existing street. Street Reconstruction is recommended when the condition of an existing street indicates an unstable base requiring correction of an underlying sub -grade problem. Continued routine maintenance such as crack filling will be required after completion of the rehabilitation to maximize the streets life. Existing Conditions The streets in the Sagamore project area, as illustrated in Figure 1, include Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N, and from Trenton Lane North to Zachary Lane N, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N. All of the streets in the Sagamore project area are paved and have concrete curb and gutter. The street width is consistent throughout the project at 33' wide from back of curb to back of curb with the exception of Trenton Lane just south of 45th Avenue N, which is 53' wide. There is also an unnecessary cul-de-sac at the intersection of Trenton Lane N and 44th Avenue N. According to City records, these streets were paved in the 1970's for sections of 43rd Avenue N, Trenton Lane N, and 44th Avenue N around Sagamore Condominiums. The rest of the streets in the project area were paved throughout the 1980's. The surface conditions of the pavement in this area are generally poor, with pavement distresses including alligator cracking, transverse cracking, edge cracking, and potholes. There are also many locations that have patching, typically used to cover potholes and excessive alligator cracking. Soil boring logs, included in a Geotechnical Evaluation Report prepared by Braun Intertec in January of 2013, indicate street sections in the project area that include an existing asphalt thickness ranging from 5" to 8" and an existing road base that includes clayey sand, and from 6" to 9" of aggregate base. Storm sewer is present throughout the project area and consists of reinforced concrete pipe RCP). The storm sewer appears to be adequate with the exception of the catch basins at the low point in the roadway on 44t Avenue N. as it does not have adequate capacity to handle a 5 -year storm as required by the City's Engineering Guidelines. The water main system in the Sagamore project area is of similar age as the streets with the 6" and 8" cast iron pipe (CIP) installed in the early 1970's. There is an 18" ductile iron pipe (DIP) water main installed in the mid 1970's that runs though the project area. The remaining 6" and 8" DIP water main was installed throughout the 1980's. Much of the watermain pipe is located outside of the roadway. The sanitary sewer system in the project area was generally installed at the same time as the water main. The 9" vitrified clay pipe (VCP) sanitary sewer for the Sagamore Condominiums was installed in the early 1970's and was lined in 2011. The remaining 8" PVC sanitary sewer 3 was installed in the early 1980's. Most of the sanitary sewer in the project area is located outside of the roadway. Proposed Improvements The proposed improvements are consistent with the City's Pavement Management Program, which includes reconstruction. The project is intended to improve streets that are in a condition beyond the ability of an edge mill and overlay to repair. A reconstruction includes installing a new engineered street section. The engineered street section includes 11/2 inch bituminous wearing course, 21/2 inch bituminous base course, 8 inches of aggregate base, and 12 inches of granular sub -base. Drain tile will be installed at the bottom of the granular sub -base to facilitate drainage of the street section. This engineered road section is consistent with the recommendations of the Geotechnical Evaluation Report prepared by Braun Intertec. Americans with Disability Act (ADA) approved pedestrian ramps will be installed or replaced as needed. Concrete curb and gutter in poor condition will be replaced as needed. Figure 2 shows a detail of the cross section of the proposed street. Trenton Lane N just south of 45th Avenue N and a portion of 44th Avenue are an exception to the above. Trenton Lane N will be fully reconstructed and narrowed to 33' (from back of curb to back of curb) to make it consistent with the rest of the streets in the project area. In addition, a curve will be installed to replace the cul-de-sac that connects Trenton Lane N to 44th Avenue N as shown in Fi re 3. The end of the driveway entrance to Plymouth Green Villas will then be reconfigured to match the new roadway. A detail of the cross section for full reconstruction for this section of street is shown in Figure 4. Concrete aprons will be added to all entrances to with the exception of the townhouses and single family home on 43rd Avenue. This will bring those entrances up to current City standards and improve the visual appeal of the neighborhood. In addition, the catch basins will be installed on 43rd Avenue N so that the existing cross gutter can be removed and ride quality of the street improved. Additional catch basins will be added on 44th Avenue N to bring that section of street up to current City design standards. All other existing catch basins and manholes will be inspected and repaired as needed. Replacement of the existing water main is proposed with this project. Impacts to the roadway could mostly be avoided if the existing water main is needed to be repaired in the future due to the fact that it is located mostly outside the roadway. The water main valves will be evaluated and replaced as necessary by the City's Maintenance Division prior to the start of construction of this project. No major repairs to the existing sanitary sewer are proposed due to the fact that it is located mostly outside the roadway and a large portion was lined in 2011. Sewer manholes are however proposed to be sealed in an effort to reduce any storm water runoff seeping through the manhole rings. 2 Surface Water Protection The Sagamore project area is located in the Bassett Creek Watershed District. Permits will likely be required for this project and all permits will be obtained prior to the start of construction. In addition, since this project disturbs more than one acre of land, a Minnesota Pollution Control Agency (MPCA) storm water construction permit will be required. One rain garden is proposed with the project. Additionally, construction best management practices (BMPs), such as inlet protection, are implemented where feasible on all City street projects. Traffic and Access Traffic access will be maintained on all streets and driveways on the Sagamore project area where possible. Construction will be staged to provide access to the area in general and minimize disruption for residents in the project area. Estimated Project Schedule City Council receives the Preliminary Engineering Report, orders Plans and Specifications, approves plans and specifications, Calls for a public Improvement Hearing, Orders Advertisement for bids, Declares costs to be assessed and sets the Public Assessment Hearing Advertise for Bids Receive Bids Public Improvement Hearing and Public Assessment Hearing Award Contract Begin Construction Construction Ends 5 February 26, 2013 February 28, 2013 March 28, 2013 April 23, 2013 April 23, 2013 May 13, 2013 July 12, 2013 Estimated Costs The estimated project costs include construction costs plus 25% for construction contingencies, engineering, administration, finance, and legal. Itemized cost estimates are included in Appendix A of this report. The total estimated project cost for the Sagamore Street Reconstruction Project is $1,368,193.75, and is summarized below. Construction Cost 1,094,555.00 25% Eng., Admin., Legal & Water Fund Contingencies 273,638.75 Total Estimated Cost 1,368,193.75 Project Financing The 2013-2017 Capital Improvement Program (CIP) has designated $1,470,000 for this street reconstruction project. In accordance with the City's Public Improvement Assessment Policy, 40% of the total project costs are proposed to be assessed to the adjacent benefiting property owners. Due to the configuration of some of the parcels adjacent to the proposed improvements, the proposed assessments have been adjusted to reflect a pro -rata share of the project cost. The Sewer Fund will finance the total cost for installing the inflow and infiltration sealing system on manholes. The Water Fund will finance the total cost for evaluating and replacing water main valves. The Water Resources fund will finance the total cost of the rain garden. The remaining funding for this project will come from the Street Replacement Fund. The funding for this project is summarized below. Funding- Source CIP Prelim Eng. Report Water Fund 50,000 50,000 Water Resources Fund 10,000 10,000 Sewer Fund 20,000 1,250 Special Assessments 560,000 514,277.50 Street Replacement Fund 830,000 792,666.25 Total Funding 1,470,000 1,368,193.75 C Figure 1 7 Figure 2 TYPICAL 33' B—B STREET RECONSTRUCTION ALL STREETS NOT OTHERWISE NOTED) ct VARIABLE I 18.5' I EK. CURB UTTER TO BE REPLACED AS DIRECTED SUBGRADE— VARIABLE 16.5' 1 ILA 4' DRAINTILE W/FILTER FABRIC (WHERE SPECIFIED) 112, 134TOMIN©US WEARJIG-:dIP-E iN/1101 SPEC 2160, TYPE 'PVdEA_J. 357 TAClt r OAT 1/2" RITLIMIN[GUS BASE CC'UPL IN/DOT SPEC, 2360, TYPE SFNWB-''z'i ,- C AGG. BASE ;'LASS 7 4N;/[JOT SPEC 3138 A2(o) ELECT GRANLILAR Br)FP'.-(: -1-b_ - EGTEXTILE FILTER FABRG T'iPE AS DIRE -IED B'i ENGINEER) RNV rth! SAGAMORE STREET RECONSTRUCTION PROJECT CITY OF CITY PROJECT 13005 PLYMOUTH TYPICAL SECTION FIGURE 2 8 Figure 3 y 9L t`2 l4C' sa PROPOSED PAVEMENT EDGE - EX. PAVEMENTEDGE RECONFIGURED DRIVEWAY i I Q' Q4 4J V PLYMOUTH GREEN VILLAS SAGAMORE STREET RECONSTRUCTION PROJECT N CITY OF CITY PROJECT 13005 Akl PLYMOUTH 44TTH AVE/TRENTON LN RECONFIGURATION 1-40rib FIGURE 3 I Fi ure 4 TYPICAL 33' B -B STREET RECONSTRUCTION TRENTON LANE BY 45TH AVENUE) R/W q RN1 VARIABLE VARIABLE 1 - 14' _ I _ 14' _ I B -61B CONCRETE ICURB & GUTTER T12" _` ' - - ry SUBGRADE—` ' q° DRAINTILE WIFILTERDETAILAFABRIC (WHERE SPECIFIED) TYP) 2' r T.JMI(J(A.", WEA, I,- dIRSL 012M I-Ez' C. TYI-'L -I-'iLAL100 2° b LA, IIuU5 EASE CNjPSE DOT SPE,- CT6G, TYPE SPNWRl 36C GG. BASE CLASS '+ SOT SPFt- =135 A (oa SELECT GRANULAR BUFRC1W SPE,.- 1i4` TEXTILE FILTER FABRIC T'fPE V AS DIRECTED BY ENt:INIEER) 11G4A 11 A SAGAMORE STREET RECONSTRUCTION PROJECT CITY OF CITY PROJECT 13005r;b PLYMOUTH FULL RECONSTRUCTION SECTION FIGURE4 10 Appendix A 2013 Street Reconstruction Project City of Plymouth, MN City Project No. 13005 Estimated Project Cost UNIT TOTAL QUANTITY UNIT PRICE TOTAL PRICE NO. ITEM UNIT TOTAL QUANTITY UNIT PRICE TOTAL PRICE SO SALVAGEAND INSTALL SPRINKLER HEAD EACH 1 MOBILIZATION L.S. 1 45,000.00 45,000.00 5 500.00 2 TRAFFICCONTROL L.S. 1 5,000.00 5,000.00 1,250.00 53 COMMON EXCAVATION 3 REMOVESTORM SEWER PPE ALL TYPES ANDSAES L.F. 32 8.50 272.00 C.Y. 182 4 REMOVE DRAINAGE STRUCTURE EACH 2 400.00 800.00 125.00 125.00 5 REMOVEANDREPLACEB618 CONCRETE CURB AND GUTTER L.F. 2,555 21.00 53,655.00 57 CONCRETE PED. RAMPS (TRUNCATED DO EACH 6 REMOVEANDREPLACE0412 CONCRETE CURB AND GUTTER L.F. 1,215 21.00 25,515.00 1,000 23.00 7 SALVAGEAND INSTALL SPRNKLER HEAD EACH 150 50.00 7,500.00 825.00 60 COMMERCIAL FB2T. ANALYSIS 5-15-10 8 COMMON EXCAVATION C.Y. 12,712 11.75 149,366.00 S.Y. 1,750 9 SUBGRADEIXCAVATION C.Y. 250 10.00 2,500.00 10 SELECTGRANULAR BORROW (CV) C.Y. 6,359 17.00 108,103.00 11 GEOTEXTILE FABRIC TYPE S.Y. 1,000 3.00 3,000.00 12 TESTROLLING Rd. Sta 100 3.00 300.00 13 CALGUMCHLORIDESOLUTION GAL. 1,000 1.00 1,000.00 14 AGGRCGATE BASEG_7 CV C.Y. 4,239 22.50 95,377.50 15 DRIVEWAY BASE, AGG. CL. 7 C.Y. 115 30.00 3,450.00 16 3 INCHMINUSRECYCLE MATERIAL TON 250 22.00 5,500.00 17 BITUMINOUS PATCHING MDCTURE TON 125 125.00 15,625.00 18 TYPE SPNWB230C BASECOURSEMOCTURE(21/2") S.Y. 15,633 11.50 179,779.50 19 TYPE SPNEA240C WEARING COURSE MDCTURE (1 S.Y. 15,633 8.00 125,064.00 20 TACKCOAT GAL. 782 2.50 1,955.00 21 WATER FORDUST CONTROL MGAL 500 15.00 7,500.00 2214" PESTRffTDRAIMILEW/SOCK L.F. 3,500 5.00 17,500.00 234"PEDRAINTILESERVICE W/SOGC L.F. 100 8.50 850.00 24 PEYARD DRAIN EACH 4 225.00 900.00 25 CONNECT DRAIMILETO STORM SEWERSTRUCTURE EACH 15 135.00 2,025.00 26 CONNECT RC PIPE TOIXISTING STORM SEWER STRUCTURE EACH 1 750.00 750.00 27 12" RC PIPESTORM SEWER, CL.V L.F. 16 50.00 800.00 28 15" RC PIPESTORM SEWER CL.V L.F. 72 60.00 4,320.00 29 AGGRCG® ATEBDNG TON 5 17.00 55.00 30 CB TYPEST -2 L.F. 11.4 275.00 3,135.00 31 fviiTYPEST-6(48"DIAMETER) L.F. 12.0 275.00 3,300.00 32 CB CASTING TYPE R-3067 EACH 6 875.00 5,250.00 33 INSTALL MANHOLE SEALING SYSTEM EACH 4 250.00 1,000.00 EACH 2 34 ADJUST FRAME &RING CASTING EACH 18 450.00 8,100.00 35 MANHOLE/CATCH BASINREPAIR L.F. 16 275.00 4,400.00 36 CONCRETE PED. RAMPS (TRUNCATED DOW EACH 4 500.00 2,000.00 37 INSTALL 36' CONCRETECROSS GUTTER L.F. 492 21.00 10,332.00 38 INSTALL 8" CONCRETE PAVEMENTPAVEMT S.Y. 305 55.00 16,775.00 39 RETAININGWALL - CHITONLIMESTONE (c4' HIGH) S.F. 300 30.00 9,000.00 40 RAINGARDEN#1 EACH 1 6,000.00 6,000.00 41 WATER FORTURF ESTABLISHMEN42TMGAL10011.00 1,100.00 COMMERCIAL FERi. ANALYSIS 5-15-10 L.b. 87 5.00 435.00 43 HYDROSE®ING:MWDOT MIX 270 S.Y. 2,094 4.00 8,376.00 44 WOOD FIBH26LANKET S.Y. 500 1.50 750.00 45 SILT FENCE L.F. 1,500 1.75 2,625.00 461NLETPROTECTION -TYPE SPECIAL EACH 20 200.00 4,000.00 47 F&ITREE,AUTUMJ SPRIE MAPLE, 2" B&B EACH 2 500.00 1,000.00 48 F&ITREK BLACK HILLS SPRUCE, 2" B&B TOTAL BASE BID 952,070.00 TOTAL BIDALTERNATE A $ TOTAL BASE END +BIDALTERNATE $ 25% DESIGN, ADMIN, 8 COM $ TOTAL PROJECT COST $ AMOUNT ASSESSED $ 12 92,485.00 1,044,555.00 261,138.75 1,305,693.75 514,277.50 Pae 15 NO. ITEM BID ALTERNATEA- SIDEWALKINSTALLATION UNIT TOTAL QUANTITY UNIT PRICE TOTAL PRICE 49 REMOV E AND REPLACE B618 CONCRETE CURB AND GUTTER L.F. 15 21.00 315.00 SO SALVAGEAND INSTALL SPRINKLER HEAD EACH 50 50.00 2,500.00 51 CLEARING EACH 5 500.00 2,500.00 52 GRUBBING EACH 5 250.00 1,250.00 53 COMMON EXCAVATION C.Y. 240 25.00 6,000.00 54 AGGR GATE BASE CL7(CV C.Y. 182 30.00 5,460.00 55 BITUMINOUS PATCHING MD'TURE TON 1 125.00 125.00 564"CONCR E SIDEWALK S.F. 8,130 5.00 40,650.00 57 CONCRETE PED. RAMPS (TRUNCATED DO EACH 5 500.00 2,500.00 58 RETAINING WALL - MODULAR BLOCK c4' HIGH S.F. 1,000 23.00 23,000.00 59 WATER FOR TURF ESTABLISHMENT MGAL 75 11.00 825.00 60 COMMERCIAL FB2T. ANALYSIS 5-15-10 L.b. 72 5.00 360.00 61 HYDROSE®ING:MWDOT MIX 260 S.Y. 1,750 4.00 7,000.00 EACH 2 500.00 1,000.00 NO. ITEM BID ALTERNATEA- SIDEWALKINSTALLATION UNIT TOTAL QUANTITY UNIT PRICE TOTAL PRICE 49 REMOV E AND REPLACE B618 CONCRETE CURB AND GUTTER L.F. 15 21.00 315.00 SO SALVAGEAND INSTALL SPRINKLER HEAD EACH 50 50.00 2,500.00 51 CLEARING EACH 5 500.00 2,500.00 52 GRUBBING EACH 5 250.00 1,250.00 53 COMMON EXCAVATION C.Y. 240 25.00 6,000.00 54 AGGR GATE BASE CL7(CV C.Y. 182 30.00 5,460.00 55 BITUMINOUS PATCHING MD'TURE TON 1 125.00 125.00 564"CONCR E SIDEWALK S.F. 8,130 5.00 40,650.00 57 CONCRETE PED. RAMPS (TRUNCATED DO EACH 5 500.00 2,500.00 58 RETAINING WALL - MODULAR BLOCK c4' HIGH S.F. 1,000 23.00 23,000.00 59 WATER FOR TURF ESTABLISHMENT MGAL 75 11.00 825.00 60 COMMERCIAL FB2T. ANALYSIS 5-15-10 L.b. 72 5.00 360.00 61 HYDROSE®ING:MWDOT MIX 260 S.Y. 1,750 4.00 7,000.00 Sagamore Street Reconstruction Project City Project No. 13005 Neighborhood Meeting February 19, 2012 — 7 pm Questions Asked Will we receive notification or areas of landscaping that need removal be marked prior to project? We expect impacts to landscaping to be minimal. Only landscaping that is behind curb and gutter that will be replaced may be affected. Curb and gutter that will be replaced will be marked with paint prior to removal. The assessments are high for retired people. What happens to our assessments ifthere is a cost overrun? Are there any contingencies? Your final assessment will be determined at the assessment hearing. If there is a cost overrun we can't go back and assess more than what was approved at the assessment hearing. Are the assessments based on footage or are they per property owner? Frontage was used to help calculate the assessments but they are per property owner based on property type. Each person of the same property type will be assessed the same amount. Who pays the assessment for the property that belongs to the county? The City picks up the assessment for that parcel and any other parcels that are not assessable. Will accessibility be maintained during the sub -cut portion of the project? The contractor is required to keep one lane open for emergency purposes. You may experience a delay if the sub -cut operation is in front of your driveway. The contractor is required to provide access at the end of each day. We work with our contractor to help ensure proper access is maintained throughout the project. Will the water main valves be fixed with this project? City maintenance crews will evaluate and replace water main valves as needed. We need a trail in the area. Will one be included with this project? We are looking into the feasibility of adding a trail/sidewalk with this project. Part of the area that is being discussed for a trail is on private property. How will that be addressed? If a trail were to go on private property a trail easement would need to be obtained prior. Will there be any improvements on 45th or 46th Avenue? That area is part of a proposed edge mill and overlay project scheduled for the summer of 2013. Page 16 Will we see a more definite number instead of a range for assessments? Yes. We will be able to provide a better estimate once the project is put out for bids. That estimate will be included in the notification you will receive prior to the assessment hearing. What was the process to get the project where we are today? The City has a Capital Improvement Program (CIP) to maintain the City's infrastructure. The CIP schedules improvement projects for the next 5 years and is updated annually. This project was scheduled for 2013 in the CIP. How will we be notified of the final assessment? Residents will receive notification of the upcoming assessment and public hearing. It is at this hearing where the City Council will decide whether or not to proceed with the project and the proposed assessments. You will receive a letter after the assessment and public hearing notifying you of the Council's decision and the final assessment ifthe project were to proceed. There are many handicapped people that need access 24/7 in the project area. How will you handle that? The contractor is required to keep one lane open for emergency purposes. They are also required to provide access at the end of each day. If you have any special needs please let us know so we can accommodate them. What is the total cost of the project? At this time the estimated project cost is $1,368,193.75. Page 17 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION ORDERING PRELIMINARY ENGINEERING REPORT FOR THE SAGAMORE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 13005 WHEREAS, the 2013-2017 Capital Improvement Program made recommendations for the Sagamore Street Reconstruction Project; and WHEREAS, it is necessary to undertake a Preliminary Engineering Report to determine the work required on each street recommended to be considered for the Sagamore Street Reconstruction Project, City Project No. 13005; and WHEREAS, the streets including Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N and from Trenton Lane North to the cul-de-sac west, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N is the recommended project area. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the City Engineer is instructed to prepare a Preliminary Engineering Report with all convenient speed by advising the Council, in a preliminary way, as to whether the proposed improvements are feasible and as to whether it should best be made as proposed or in conjunction with some other improvement and the estimated cost of the improvements as recommended. Approved this 26t" day of February, 2013. Page 18 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION RECEIVING PRELIMINARY ENGINEERING REPORT, ORDERING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR A PUBLIC HEARING FOR THE SAGAMORE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 13005 WHEREAS, pursuant to a resolution ofthe City Council adopted February 26, 2013, a report has been prepared with reference to the improvement of the area including Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N and from Trenton Lane North to the cul-de-sac west, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N; and WHEREAS, the proposed improvement includes the reconstruction of streets by the installation of bituminous pavement and concrete curb and gutter, storm sewer installation, water main valve replacement, and all necessary appurtenances; and WHEREAS, said report is being received by the Council on February 26, 2013; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective, and feasible. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting and adjacent property within the designated Sagamore Street Reconstruction Project, City Project No. 13005 for all or a portion ofthe cost ofthe improvement pursuant to Minnesota Statutes 429.011 to 429.111 (Laws 1953, Chapter 398, as amended) at an estimated total cost of the improvement of $1,171,345.17. 2. A public hearing shall be held on such proposed improvement on the 23rd day ofApril, 2013, in the Council Chambers of the Plymouth City Center at 3400 Plymouth Boulevard at 7:00 p.m., and the Clerk shall give mailed and published notice of such hearing and improvements as required by law. 3. The Plymouth Engineering Department is designated as engineer for the improvement. They shall prepare plans and specifications for the making of such improvement. Approved this 26th day of February, 2013. Page 19 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, AND ORDERING ADVERTISEMENT FOR BIDS FOR THE SAGAMORE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 13005 WHEREAS, pursuant to a resolution passed by the Council on February 26, 2013, the City Engineer has prepared plans and specifications for improvement No. 13005, the improvement of the Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N and from Trenton Lane North to the cul-de-sac west, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N by reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation, storm sewer installation, and all necessary appurtenances, and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Minneapolis Builders Exchange an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published three times, shall specify the work to be done, shall state that bids will be received by the City Clerk until 10:00 a.m. on February 28, 2013 at which time they will be publicly opened in the City Council Chambers of the Plymouth City Center building at 3400 Plymouth Boulevard, Plymouth, Minnesota, by the engineer and City Clerk, will then be tabulated, and will be considered by the council at 7 p.m. on April 23, 2013, in the council chambers. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Clerk for five percent of the amount of such bid. Approved this 26th day of February, 2013. Page 20 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION DECLARING COST To BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE SAGAMORE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 13005 WHEREAS, estimated costs have been calculated for the Sagamore Street Reconstruction Project, City Project No 13005 including Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N and from Trenton Lane North to the cul-de-sac west, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N, and the estimated cost for such improvement is $1,094,555.00, and the expenses incurred or to be incurred in the making of such improvement amount to $273,638.75 so that the total cost of the improvement will be $1,368,193.75. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City of Plymouth is hereby declared to be $853,916.25 and the portion of the cost to be assessed against benefited property owners is declared to be $514,277.50. 2. Assessments shall be payable in equal annual installments extending over a period of either 5 years, 10 years, or 15 years, the first of the installments to be payable on or before the first Monday in January, 2013, and shall bear the interest rate of 2.34% percent for a 5 year term, 2.67% for a 10 year term, or 3.69% for a 15 year term per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by the law, and shall file a copy of such proposed assessment in the office for public inspection. 4. The Clerk shall upon completion of such proposed assessment notify the City Council thereof. Approved this 26th day of February, 2013. Page 21 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE SAGAMORE STREET RECONSTRUCTION PROJECT CITY PROJECT N0. 13005 WHEREAS, by a resolution passed by the Council on February 26, 2013, the City Clerk was directed to prepare a proposed assessment of the cost for the improvement including Revere Lane N, from 45th Avenue N to 43rd Avenue N, 43rd Avenue N from Revere Lane N to Trenton Lane N and from Trenton Lane North to the cul-de-sac west, Trenton Lane N from 45th Avenue N to 44th Avenue N, and from 44th Avenue N to 43rd Avenue N, and 44th Avenue N, from Trenton Lane N to Trenton Lane N by reconstruction of streets with the installation of bituminous pavement, concrete curb and gutter installation, storm sewer installation, and all necessary appurtenances; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in the office of the City Clerk for public inspection. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: A hearing shall be held on the 23rd day of April, 2013, in the City Council Chambers of the Plymouth City Center, 3400 Plymouth Boulevard, Plymouth, Minnesota at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice ofthe hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and shall state in the notice the total cost of the improvement. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Approved this 26th day of February, 2013. Page 22 rp) City of Agenda 6.07PlymouthNumber: Adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Doran Cote, P.E., Director of Public Works February 26, 2013 Reviewed by: Approve Lift Station Maintenance Agreement between Item: the City of Plymouth and Wayzata School District 1. ACTION REQUESTED: Adopt the attached resolution approving a Lift Station Maintenance Agreement between the City of Plymouth and Wayzata School District. 2. BACKGROUND: The Wayzata School District has requested that the City of Plymouth provide ongoing routine maintenance of their lift station at Central Middle School. Wayzata School District is finding it increasingly difficult and costly to maintain the lift station with District staff and contractors. Utilities Maintenance staff examined the Central Middle School Lift Station thoroughly and has recommended that the District completely rehabilitate the lift station prior to Plymouth assuming maintenance of the lift station and have a Total Control Systems, Inc. telemetry system compatible with the Plymouth's telemetry system installed. Utilities Maintenance staff believes that the following maintenance items could be provided without impacting current operation: Check lift station trending and visit site once per day. (open manhole cover and visually check for debris). Check dry side of lift station twice per month (verify pump, run numbers, check pump operation, check and clean pump filters). Clean and vactor wet well once per year. 3. BUDGET IMPACT: The Wayzata School District will pay the City of Plymouth $10,000 per year for these routine maintenance services. The annual charge will be adjusted with inflation. Plymouth will also provide non -routine maintenance and repair of the lift station. Non -routine maintenance and repair will be performed on a time and material basis. Page 1 4. ATTACHMENTS: Location Map Lift Station Maintenance Agreement Resolution Page 2 LOCATION MAP Page 3 LIFT STATION -A-'%-D FORCE XUDi ILIMTENANCT AGREEMENT THI S AGRIEEME-N-T is and ert-arsd ir-t-,.% a.:- c%f the day of 2013. to: ard b--M---m the WAYZATA PUBLI C S CHO OL S. INDEPENDENT SCHOOL IIISTRIC7 NO. 234, apublic corpmatim m- the CITY OF PLYMOUTH a Mimmesotammicip3lcmpmatice ! "PlymuLth'). 1 Bazkper zz. Stat. 5° 47.- l.J:D aLThz.fiza:- t--.-,:zI z -f juaia govei=mtal mit: tz entedy-tz a -Mf --2rl-mt-- t.Djojr-tiv orcoopeotively Pm-eM2 M- ::::I=on to tb_= aMtMrtjr-g pailia--. ---h-2 -D-,.;-T--2f-zrzT--- mf ope=es a sar-itaty sev-ar lift station an- Rxca main located -Dr- th-3 ch -::l z: •-=_ @I 7". . al- -zaaa : antal 1a fiddle S zbool, 305 Vid-ibuvz Lme { Lift S ntion' ). Cnrm-2:r h3.:iec .2 --- tBd that PIvmzuth maintain the Lift Station and fxca main, Ply -mouth i ---. -7,1 lliE g to pm-ida c-artaiz mEdr-t-mu-ze ofthe Lift Stafi..--Nr- md fmce train -.Ubject to the te= md ccmditiom- tiffthi i A mr --2m-mt. 2. Lift Statim am Foice AL-mr- ReJk9bilitahm. Crr-m-m shall peffom the v,: nece; far the mbabilitstior- -& the Lift Station to Plymouth.;tmdx6s -which RM01xingg: a- 2 S)stem. b. 150 _01on per mjr--Lt-3 capazity. Both, pumpri must ju----t thio capazit--. C. Sed start CCmtf,-,d:-, d. Piessuie tcmsdrcan vith fl-mt e. Kenx pump control pm --1, ir-sum-mviinz and cmtrolE 'TNW Control Systems is tIp- ba,--- ir-tag=cc(i. f Staimlm--s steel cabinet. f-. Ch-xl- valves md gVe ial in a manhole valve vault with axess stnKtmp-. h- crmemtm hoof -Up ffiLd w= -f -m ivmta i. Reh91mhtgb-2 or feplsce fmce maim fmm the ltfl station to the mamhole at the in oro of icL- -br,g Lm and 2" Avmue- (cml) if n ). Lift Statim and Foxe Main Mmntmai,---. Plymouth slmll poIbm the fo11cmdu.9 muhme juair-t-mm-Le of the Lift Station: Page 4 a Ch-- :I- lift station tri ,i1n? m',•i :itt Eit-3 once per dm:. b. side- oflift :t3fizzfixkp- per morth-,v-xifv pimp: r= Lm =•. -zh---J. PUMPOPIREb-Irl: M-- 1 -MM PUMP fdteM)- C. Chmm 3r va:Rxi vA- s-Jl zr-cp- per )ear. 3. Non-mutine md FcTca '-\L3ir- Mabrbmmx:-- sad RepaLf. If it i --. nithir- th-2 capabilities of Plymoutlk as in the sole mon ofPlymcutlo Plymouth :hall 31io pit: -1d-3 r=-foutne mamtamce := re-pixi of the Lift Station arp- fie may - 4. Compm-mlion. Crr-m-x ihO! !h -- 21 Lift Station Rahabilitsticm P:rcj --L-t dxm-ign and developm-mt -miti m, a, -tial zzn2 plus admki-Araica. CeFT--x shall pad Plymouth Ten ThcnL:,mo -mo Y 1•: FD D-Alafs %-$l --,-N yam fbf mutbw- mair-t-mm-ze of R Lift Station md fmce main. P.-T-m-mt -sh-all be m--- Uy in a:Nrance on or bizftda 'Msy 1 zb year &:fir -E the term of this Ap--ment. The an__1pas &hifll be adjusted amuelly in 3 sith the Implizit RN -? EO mss Domestic P axhKt m de-temuned by thekilatorfccrCr E--- -:f Ezmcciic Arolyii . Nm-ioutine maintenance and opaif &baU be peffbimed On a time uatad& bmis. P13 -mouth :hall i3noice CWmff for such maintamce sad iepsir and OqLmEr shall pay the imvwm -intbir- thirty-fnv (35) days ofvKeipt. 5. Term. The tam ofthis hKL-- _ =mt-zzes on .20 fbi m indsGr -i te tem.. Eith-a p3t-- fzLg!- teaninsfe thislea= --_PM bsix (6) months ad-v-sace vmtt-= r-,nti z-3 to the party. 6. The OvLm-x -.:----p the Lift Stsfica iwia-k -3s3in:•t .311 fisks oflos:1 or damage from -n-av-- za.:s whovwe-r-er '- 1 that tha f-nIazmnjmt colt. PILmo-cth shall not be liable for aEy kn:- wh--theror not covnmR . 'q. The ir-.:-efmn. Ir-c-2mikity. Si-,bj txt to the limitaham jr- 'Mum. 3 tat. C hapt-a 466: the Ch -,m -a --bAU in ennif ani hold Plynxyuh hzmlem fmm any me 311 liability amizz cut ofdac3sges: t= --Eh and Ws zx-d Ir -j' -Lr zm--A b - the failm ofthe Lift Station x fDxe main to fum, ctk,%r- przc%perly. lud= fj zAJ m E1411 ir--zlLc -2 all zwt sad expm&m, tE --h-clr -!z f ---ammahle att-mm-YC -z f -----s, in used be Plymcroh ir- cn=--ctizr- with m -v -nits of actiom f-multir-E fr= -u-y s-Lch liability. 9. RdalionshipzfParti. Ar-y-md.all pff---=-- izFa ee jr-th-2 vxx&- to b---keffc-,xmk by Plymouth shall not be considenzk emplqyeEs of OvLm-m for any prxpw-A, jzd-L6 r- E 71 Ccdmpm-;-AionL Any and all piar- -.T—c engmad in the v- cd, to be pecf=--d by Cr7-T--x -h311 ncrt b-- cowic-M-w- impleryees Of Pl%=-utt ---::f az-.'-,cipDEe. ir-du6r-gWoik-m:s Ccdmp3-:-3tJNr-. P. Audit:,. Pimimt T irx-ssota Stamm E 1.6C .0j, S -Lbd- 5, any bwl---.: :r-- ocum-mt-:, ar- azcm:ztir-!z perz :--i2 pmctices of 0b -T --x and Plvfa,-Lth f--lerv-mt to the Am--m-=t an ryjest to C-- --. Plymo-Lth. aLd either the L-2Ei il3l:iv-2 Au6tof Of for atheSUMAuditcia: zw3pAgf-i. OvT--x mcPluthW --- to Maintain thele f --L of pfiomth'zomance ofAU ices col. --m-3,z - ip-ziicofixe -;-2,af: -2 --al2 erf Lzd-m this AE:r_ RIUMt. Page 5 10. Iztafzralim. Th -2 -mtis-3 ard jr-temlez .pa-maA oftlp- parti-m omtaimad in tljs Ag---miml :-haH:-L-p-x-:lRd+2 all piicif L-2gotialior-:. cT app-emEgits b-=twem Crixmix imd Plymouth -wh--thix v,,jittm of ofal. WAYZATA PUBLIC SCH00LE, INDEPENDENT SCHOOL DI STRIC7 NO. 234 Dy: Bv: Clan B. S=irint-m-f-mt JE-- Et, -;Lir Page 6 STATE OF LMS-LTESOTA ) ss. COT--f,=OF=-I,,EPn) Th -2 fbv3going irstualent was azlmvwl-3dpm-1 --Zam me this -;,T. of 2013, by Chace D. Ar--:erron and Jay H-mby, i the Supedntan -,1F th m- WaU-Isfa Schcol Distij-.-t, hidependent School Districi 24. a Llinn- T'half of th-2 jaurk-ipal cofpcTstim and pmimt tot'L-- E - NULRW pt&uc MY OF PLYMOUTH Dl -k: By: Aui: STATE OF'-N-MLTSCXTA K---Ui Slmdk, Mgymr L,um'-3Ahi-=,. Citv'-N-Iara--x The foi-R!zNr-!z in - : int v. -a:. azlmcwlaged bEfum me this _ d!iy of 3 13, b- Kelly Slavi` L _- i' Ahf-=-: i pmcuvely the Mqw mW City Msasgff Ofthe City p1 --m inal =pzdsdi' on behalfofthe mimicipal coqxmxdon and ity Comcil. NaLmy Public DRAFTEDBY: CAMPEZU K'il-T:':'- 317 EAgandale Office Cuter 13 N Ccqxuae Ceater Cune Eqg Mnnemyta 55121 T--I---phone: 661-452-5000 F—\ -K Page 7 TO LIYT STATION AND FORCE 1L -UN N U --TELA CE AGREFIEIN,'T Lp-elDa=pdon of the Pt past Th.-- 1 tor,-hcht Ld Ali -2_ i } 1q=wsLlF d it2d s follms: aE140FSEl4-D 3535.4FTOFYE 140F SE 1 4A\ -D 3535_4FTOFE10 ACRES, OF C74DT67T LOT _ EX ROAD PDD: 32-11 &- a ,r I Page 8 EXIMIT li TO LIFT STATION NUUN TENANCE AGREEMENT Leal D--,,mmcm zt Df ad L;tilit,.• EK--am-mt The &airagp •mc -tibt m5mmt fmted to th3 Ci-' til-PI)miclith mw Page 9 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION TO APPROVING THE LIFT STATION MAINTENANCE AGREEMENT BETWEEN THE CITY OF PLYMOUTH AND THE WAYZATA SCHOOL DISTRICT WHEREAS, the Wayzata School District has requested that the City of Plymouth provide certain maintenance ofthe Central Middle School Lift Station; and WHERAS, the City of Plymouth has the ability to provide routine and some non -routine maintenance of the Central Middle School Lift Station; and WHEREAS, a Lift Station Maintenance Agreement has been prepared in which Plymouth will provide routine and non -routine maintenance ofthe Central Middle School Lift Station for a fee. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: 1. The Lift Station Maintenance Agreement for is hereby approved, and the Mayor and City Manager are authorized to sign the agreement on behalf of the City. Approved this 26th day of February, 2013. Page 10 rp)City of Plymouth Adding Qgdity to Life Agenda 6.08Number: To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Doran Cote, P.E., Director of Public Works Reviewed by: Approve Agreements Regarding Transfer of February 26, 2013 Certain Improvements Between Cornerstone Item: Commons and Villas at Cornerstone Commons Homeowner's Associations and the City of Plymouth 1. ACTION REQUESTED: Adopt the attached resolution approving Agreements Regarding Transfer of Certain Improvements between Cornerstone Commons and Villas at Cornerstone Commons Homeowner's Associations and City of Plymouth. 2. BACKGROUND: In August and September, 2012, the Cornerstone Commons and Villas at Cornerstone Commons Homeowner's Associations submitted formal requests for the City to assume responsibility for the maintenance of their utilities as set forth in the City policy. On February 14, 2012, the City Council approved a policy and agreement on the acceptance of private streets and utilities as public. 3. BUDGET IMPACT: There is no budget impact due to this action. The Cornerstone Commons and Villas at Cornerstone Commons Homeowner's Associations have deposited a check in the amount of 40,000 and $8,500 respectively in accordance with the policy and agreement. 4. ATTACHMENTS: Location Map Agreement Regarding Transfer of Certain Improvements between Cornerstone Commons Homeowner's Association and City of Plymouth Agreement Regarding Transfer of Certain Improvements between Villas at Cornerstone Commons Homeowner's Association and City of Plymouth Resolution Page 1 IJ Cornerstone Commons HOA Ir - C> Ir0 z Villas at Cornerstone Commons HOA 3t14 Location Map AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN HOMEOWNER'S ASSOCIATION AND CITY OF PLYMOUTH This agreement is entered into as of Aydi,5 (c, , 2012 between the City of Plymouth City") and Cornerstone Commons Homeowners' Association ("Association"). RECITALS A. The Association is the fee owner of certain improvements (the "Improvements") located in Cornerstone Commons Homeowners' Association. B. The Association wishes to transfer ownership, operation, and maintenance of the Improvements to the City. C. The City is willing to accept the Improvements and be responsible for their future maintenance and operation, ifthe Improvements meet City standards. Now therefore in consideration of the mutual covenants and conditions set forth in this agreement, the City and the Association agree as follows: ARTICLE ONE ASSOCIATION'S FORMAL REQUEST FOR ACCEPTANCE OF IMPROVEMENTS 1.01. The Improvements that the Association wishes to transfer to the City are listed in Exhibit A to this agreement. 1.02. The Association will field locate and mark, or will cause to have located and marked, at the Association's expense, each of the Improvements listed in Exhibit A as well as private watcrmain, sewer, storm sewer, electric, gas and telecommunications utilities. 1.03. The Association will provide to the City the as -built plans and any existing maintenance records for each of the Improvements. 1.04. The City will provide a preliminary indication as to whether it will accept each of the Improvements. ARTICLE TWO CONDITIONS FOR ACCEPTANCE OF IMPROVEMENTS 2.01. Any Improvement under consideration for acceptance by the City must be inspected for conformance to the City's standards and for conformance to the City's standard detail specifications. The City will not accept items that do not conform to those standards. Items that do KRC-214124v2 1 BR270-546 Page 3 not conform will be identified by the City and must be repaired, replaced or upgraded before acceptance by the City. 2.02. City to Upgrade Improvements. The Association may elect to have the Improvements upgraded to City standards in accordance with City's Policy Relating to Accepting Private Streets and/or Utilities into the City Utility System. By signing below, the Association makes known their desire to have the Improvements upgraded by the City. The City shall, at their discretion, make the determination whether to proceed with the Improvements. The City will provide the preliminary indication as identified above, however, the City Council shall make the final determination whether to undertake the Improvements. Ifthe upgrades are undertaken by the City, the following requirements shall apply: 2.02.1. Assessment Agreement. The Association must approve an assessment agreement to be assessed their portion of the Improvement costs. If the assessments are challenged, the Association is responsible for all costs incurred by the City due to said challenge. 2.02.2. Association Property. The City may, at their discretion, choose to assess the Association's portion of the Improvement costs to a commonly owned property of the Association. 2.03. Association to Upgrade _Improvements. The Association may elect to upgrade the Improvements so that they comply with City standards provided plans and specifications are approved by the City ("Approved Plans"). By signing Below, the Association makes known their desire to have the Improvements upgraded by the Association. Ifthe upgrades are undertaken by the Association, the following requirements shall apply: 2.03.1. Staking, Surve3dng and Inspections. The Association, through its engineer, must provide all staking, surveying and inspection records for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for general inspection. The Association must notify the City of all tests to be performed. 2.03.2. Unsatisfactory Labor or Material. Any unsatisfactory labor or material rejected by the City must be replaced and all deficiencies corrected at the sole expense of the Association. KRC-214124v2 BR270-546 2 Page 4 2.03.3. Time for Association's Performance. Improvements that require upgrading are to be completed within 90 days after the date of this Agreement, unless extended by the City Engineer. 30 day extensions must be requested by the Association in writing with details explaining the need for the extension. 2.03.4. Maintenance of Improvements. The Association shall be responsible for all maintenance, upkeep and repair of the Improvements until such Improvements are completed and accepted by the City. The Association hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Association's acts or omissions in performing the obligations imposed upon Association by this paragraph. 2.03.5. Additional Work or Materials. All work covered by this Agreement shall be done at no expense to the City. The Association shall not do any work or fiunish any materials not covered by the Approved Plans unless such work is first approved by the City. Any such work or materials that may be done or furnished by the Association or its contractor without prior written order are furnished at the Association's or contractor's own risk. 2.03.6. As -built Plans. Upon completion ofthe work, the Association shall provide the City with a full set of as -built plans of the upgrades to the improvements in a form similar to the example provided in Appendix B for City records. 2.03.7. Final InMection/Acceptance. Upon completion of all work required by the City Engineer or designated representative, the City Engineer and representatives of the Association's contractor and/or engineer will make a final inspection ofthe work. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Association's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements shall take the form of a resolution duly passed by the City Council on the advice of the City Engineer. ARTICLE TSE EASEMENTS AND CITY COSTS 3.01. Easements. The Association shall provide in recordable format the necessary easements at no cost to the City. These easements shall be in a form acceptable to the City at their sole discretion. The City shall record the easements promptly after the acceptance of the work by the City Council, 3.02. Payment of City Costs. Upon execution of this Agreement, the Association shall pay a deposit into the escrow account of the City in the amount of $5.00 (five dollars) per lineal foot of utilities and $20.00 (twenty dollars) per lineal foot of streets to be transferred. These monies are to be used by the City to pay its out-of-pocket costs in preparing and administering this Agreement. The out-of-pocket costs to be paid shall include, but not be limited to, attorney's fees, engineering fees, and other technical or professional assistance, including the work of the City staff and employees. Whenever the balance remaining in the fund is less than $1,000.00 (one thousand KRC-214124v2 BR270-546 Page 5 dollars), the Association shall, upon request by the City, deposit the amount required to re-establish the fund balance at $5,000.00 (five thousand dollars). Upon completion of all work required by this Agreement, any balance remaining shall be refunded to the Association. ARTICLE FOUR OTHER REQUIREMENTS 4.OI. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Association, the Association's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Association. The Association will save the City, its officials, agents and employees hannless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive or limit any immunity from or limitation on liability to which the City is entitled, under Minnesota Statutes, Chapter 466 or otherwise. 4.02. Underground Utilities, The Association shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Association agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 4.03. After acceptance of the Improvements, the City assumes no obligation or duty to maintain them beyond the standards set out in the applicable City policies. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.OI. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assi Ment. The Association may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. KRc-2 14 24v2 4 BR270-546 Page 6 5.04. Notices. All notices, certificates or other communications required to be given to City and Association hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: City Engineer To Association: Cornerstone Commons Homeowners' Association 7485 Office Ridge Circle Edell Prairie, MN 55334 The City and the Association, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.05. No Third Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF PLYMOUTH By Its Mayor By Its City Manager ASSOCIATII1ON rornerg•?ane ' mmnn, By '771 5 Its Prsr"1a f EXHMIT A xxc-214124v2 5 BR270-546 Page 7 List of Improvements) Improvement Length Escrow E TotalCt 20.0_0 e $0.00 mmWatermain I"'--j,8003800 i 5 00 x$19_ 000 0-6 Sanitary Sewer; 3,600 5.00 18,000 00 1 Storm Sewer ..__.. m_._ 600 ..., 5—.00 T ...,_..... 3,000.00 i r_ µi ,. Total i 40,000.00; ICRC -214124v2 BR270-546 0 Here if Reaues Page 8 AGREEMENT REGARDING TRANSFER OF CERTAIN IlVIPROVEMENTS BETWEEN HOMEOWNER'S ASSOCIATION AND CITY OF PLYMOUTH This agreement is entered into as of .PA l j , 2012 between the City of Plymouth City") and Villas at Cornerstone Commons Homeowners' Association ("Association"). RECITALS A. The Association is the fee owner of certain improvements (the "Improvements") located in Cornerstone Commons Homeowners' Association. B. The Association wishes to transfer ownership, operation, and maintenance of the Improvements to the City. C. The City is willing to accept the Improvements and be responsible for their future maintenance and operation, if the Improvements meet City standards. Now therefore in consideration of the mutual covenants and conditions set forth in this agreement, the City and the Association agree as follows: ARTICLE ONE ASSOCIATION'S FORMAL REQUEST FOR ACCEPTANCE OF IMPROVEMENTS 1.01. The Improvements that the Association wishes to transfer to the City are listed in Exhibit A to this agreement. 1.02. The Association will field locate and mark, or will cause to have located and marked, at the Association's expense, each of the Improvements listed in Exhibit A as well as private watermain, sewer, storm sewer, electric, gas and telecommunications utilities. 1.03. The Association will provide to the City the as -built plans and any existing maintenance records for each of the Improvements. 1.04. The City will provide a preliminary indication as to whether it will accept each of the Improvements. ARTICLE TWO CONDITIONS FOR ACCEPTANCE OF IlVIPROVEMENTS 2.01. Any Improvement under consideration for acceptance by the City must be inspected for conformance to the City's standards and for conformance to the City's standard detail specifications. The City will not accept items that do not conform to those standards. Items that do KRC-214124v2 1 BR270-546 Page 9 not conform will be identified by the City and must be repaired, replaced or upgraded before acceptance by the City. 2.02. City to Upgrade Improvements, The Association may elect to have the Improvements upgraded to City standards in accordance with City's Policy Relating to Accepting Private Streets and/or Utilities into the City Utility System. By signing below, the Association makes known their desire to have the Improvements upgraded by the City. The City shall, at their discretion, make the determination whether to proceed with the Improvements. The City will provide the preliminary indication as identified above, however, the City Council shall make the final determination whether to undertake the Improvements. If the upgrades are undertaken by the City, the following requirements shall apply: 2.02.1. Assessment Agreement. The Association must approve an assessment agreement to be assessed their portion of the Improvement costs. If the assessments are challenged, the Association is responsible for all costs incurred by the City due to said challenge. 2.02.2. Association Property. The City may, at their discretion, choose to assess the Association's portion of the Improvement costs to a commonly owned property of the Association. 2.03. Association to Upgrade Improvements. The Association may elect to upgrade the Improvements so that they comply with City standards provided plans and specifications are approved by the City ("Approved Plans"). By signing below, the Association makes known their desire to have the Improvements upgraded by the Association. Ifthe upgrades are undertaken by the Association, the following requirements shall apply: 2.03.1. Staking Surve3jLtg and Inspections. The Association, through its engineer, must provide all staking, surveying and inspection records for the Improvements in order to ensure that the completed Improvements conform to the Approved Plans. The City will provide for general inspection. The Association must notify the City of all tests to be performed- 2.03.2. erformed 2.03.2. Unsatisfactory Labor or Material. Any unsatisfactory labor or material rejected by the City must be replaced and all deficiencies corrected at the sole expense of the Association. KRC-214124v2 BR270-546 2 Page 10 2.03.3. Time for Association's Performance. Improvements that require upgrading are to be completed within 90 days after the date of this Agreement, unless extended by the City Engineer. 30 day extensions must be requested by the Association in writing with details explaining the need for the extension. 2.03.4. Maintenance of Improvements. The Association shall be responsible for all maintenance, upkeep and repair of the Improvements until such Improvements are completed and accepted by the City. The Association hereby agrees to indemnify and hold the City harmless from any and all claims for damages of any nature whatsoever arising out of Association's acts or omissions in performing the obligations imposed upon Association by this paragraph. 2.03.5. Additional Work or Materials. All work covered by this Agreement shall be done at no expense to the City. The Association shall not do any work or furnish any materials not covered by the Approved Plans unless such work is first approved by the City. Any such work or materials that may be done or furnished by the Association or its contractor without prior written order are furnished at the Association's or contractor's own risk. 2.03.6. As -built Plans. Upon completion of the work, the Association shall provide the City with a full set of as -built plans of the upgrades to the improvements in a form similar to the example provided in Appendix B for City records. 2.03.7. Final lnspection/Acceptance. Upon completion of all work required by the City Engineer or designated representative, the City Engineer and representatives of the Association's contractor and/or engineer will make a final inspection of the work. The City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the Approved Plans, and the Association's engineer shall submit a written statement attesting to the same. The final approval and acceptance of the Improvements shall take the form of a resolution duly passed by the City Council on the advice of the City Engineer. ARTICLE THREE EASEMENTS AND CITY COSTS 3.01. Easements. The Association shall provide in recordable format the necessary easements at no cost to the City. These easements shall be in a form acceptable to the City at their sole discretion. The City shall record the easements promptly after the acceptance of the work by the City Council. 3.02. Payment of City Costs. Upon execution of this Agreement, the Association shall pay a deposit into the escrow account of the City in the amount of $5.00 (five dollars) per lineal foot of utilities and $20.00 (twenty dollars) per lineal foot of streets to be transferred. These monies are to be used by the City to pay its out-of-pocket costs in preparing and administering this Agreement. The out-of-pocket costs to be paid shall include, but not be limited to, attorney's fees, engineering fees, and other technical or professional assistance, including the work of the City staff and employees. Whenever the balance remaining in the fund is less than $1,000.00 (one thousand KRC-214124v2 BR270-546 Page 11 dollars), the Association shall, upon request by the City, deposit the amount required to re-establish the fund balance at $5,000.00 (five thousand dollars). Upon completion of all work required by this Agreement, any balance remaining shall be refunded to the Association. ARTICLE FOUR OTHER REQUIREMENTS 4.01. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officials, agents and employees shall not be personally liable or responsible in any manner to the Association, the Association's contractor or subcontractor, material suppliers, laborers or to any other person or persons for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the work required by this Agreement to be performed by the Association. The Association will save the City, its officials, agents and employees harmless from all such claims, demands, damages, or causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical or professional assistance, including the work of City staff and employees. Notwithstanding the foregoing, nothing in this Agreement shall be construed to waive or limit any immunity from or limitation on liability to which the City is entitled, under Minnesota Statutes, Chapter 466 or otherwise. 4.02. Underground Utilities. The Association shall contact the electric, telephone, gas and cable companies that are authorized to provide service to the property for the purpose of ascertaining whether any of those utility providers intend to install underground lines within the development. The Association agrees to comply with applicable requirements of franchise ordinances in effect in the City, copies of which are available from the City Clerk. 4.03. After acceptance of the Improvements, the City assumes no obligation or duty to maintain them beyond the standards set out in the applicable City policies. ARTICLE FIVE MISCELLANEOUS PROVISIONS 5.01. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. 5.02. Assignment. The Association may not transfer or assign any of its obligations under this Agreement without the prior written consent of the City, which shall not be unreasonably withheld. 5.03. Severability. The provisions of this Agreement are severable, and in the event that any provision of this Agreement is found invalid, the remaining provisions shall remain in full force and effect. KRC-214124+x2 4 BR270-546 Page 12 5.04. Notices. All notices, certificates or other communications required to be given to City and Association hereunder shall be sufficiently given and shall be deemed given when delivered or when deposited in the United States mail, first class, with postage fully prepaid and addressed as follows: To City: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Attn: City Engineer To Association: Villas at Cornerstone Commons Homeowners' Association c/o Tim Bildsoe 3615 Lawndale Lane #27 Plymouth, MN 55446 The City and the Association, by notice given hereunder, may designate different addresses to which subsequent notice, certificate or other communications should be sent. 5.05. No Third Party Beneficiary. This Agreement and any financial guarantees required pursuant to its terms are not intended for the benefit of any third party. 5.06. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Minnesota. IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. KRC-2L4i24v2 BR270-546 5 Page 13 CITY OF PLYMOUTH By Its Mayor By Ifs City Manager AS CIATIrN By C>na- SoAAV CV-_ Its KRC-214124v2 BR270-546 Page 14 EXHMIT A List of Improvements) KRC-214124v2 BR270-546 Page 15 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION APPROVING AGREEMENT REGARDING TRANSFER OF CERTAIN IMPROVEMENTS BETWEEN CORNERSTONE COMMONS AND VILLAS AT CORNERSTONE COMMONS HOMEOWNER'S ASSOCIATIONS AND CITY OF PLYMOUTH WHEREAS, the City has a policy for accepting private streets and utilities into the City's utility system; and WHEREAS, the City has been requested to assume maintenance responsibility for utilities in a private development. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: approving Agreement Regarding Transfer of Certain Improvements between Cornerstone Commons Homeowner's Associations and City of Plymouth and approving Agreement Regarding Transfer of Certain Improvements between Villas at Cornerstone Commons Homeowner's Associations and City of Plymouth. Approved this 26th day of February, 2013. Page 16 City of piymouth Iridin, Qudlity da Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 6.09Number: To: Laurie Ahrens, City Manager Prepared by: Thomas Vetsch, Fleet and Facilities Manager Reviewed by: Doran Cote, Director of Public Works Item: Approve Purchase of a Replacement Sidewalk Machine with Attachments (Municipal Utility Tractor) 1. ACTION REQUESTED: Adopt the attached resolution approving the purchase of a replacement sidewalk machine with attachments (Municipal Utility Tractor). 2. BACKGROUND: The 2013-2017 Capital Improvement Program (CIP) includes the purchase of one new Municipal Utility Tractor, commonly referred to as a sidewalk machine. This purchase is to replace an existing sidewalk machine and attachments (snow blower, broom, V -plow). To accomplish successful Park Maintenance operations during winter months, this new purchase will provide dependable service, clearing many miles of sidewalks and trails for the next 10 years, the expected useful life of this equipment. This machine with the broom attached is used for spring sweeping of median islands and some sidewalks. During the summer, it is often used to clean up asphalt milling preparing for asphalt overlay work. A number of brands of sidewalk machines were considered and demonstrations were given to mechanics and staff members. It was determined that the MacLean MV2 offered by ABM Equipment and Supply would best meet the city's needs and specifications. 3. BUDGET IMPACT: The 2013-2017 Capital Improvement Program (CIP) includes the replacement of this sidewalk machine for $114,000. The city is able to purchase the sidewalk machine off the state contract. ABM Equipment and Supplies has been awarded a state contract for this sidewalk machine (Contract #57278). ABM has offered a trade value of $13,000 for the city's existing sidewalk machine. This value is equal to or greater than most prices we have received from selling past sidewalk machines at auctions. The total price after subtracting the trade value and adding tax is $139,263.46. Since the proposed replacement is not considered an upgrade, the Central Equipment Fund will cover the costs above the programmed amount in accordance with policy. 4. ATTACHMENTS: Resolution pAorganization\council\council staffreports\2013\022613\eng sidewalk machine.doc Page 1 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION APPROVING THE PURCHASE OF A REPLACEMENT SIDEWALK MACHINE WITH ATTACHMENTS MUNICIPAL UTILITY TRACTOR WHEREAS, the 2013-2017 Capital Improvement Program (CIP) includes a project to replace one sidewalk machine with attachments; and WHEREAS, the City may make purchases off the State ofMinnesota contracts, and WHEREAS, ABM Equipment and Supply has a contract with the State for a sidewalk machine meeting the City's specifications, Contract #57278; and WHEREAS, ABM has offered $13,000.00 trade value for the existing sidewalk machine with attachments; and WHEREAS, ABM Equipment and Supply will furnish one new current model sidewalk machine with attachments (Municipal Utility Tractor); for $139,263.46 after trade and including sales tax. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, to purchase one current model sidewalk machine Municipal Utility Tractor); from ABM Equipment and Supply off of the State Contract for a total purchase price of $139,263.46. FURTHER BE IT RESOLVED, the funding will be from the Central Equipment Fund, Fund 600-70-760-76001-8100.500. Approved this 26h day of February, 2013. pAorganization\council\council staffreports\2013\022613\eng sidewalk machine.doc Page 2 rp)City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 6.10Number: To: Laurie Ahrens, City Manager Prepared by: Bud Broekema, Sr. Engineering Technician Reviewed by: Doran Cote, P.E., Director of Public Works Item: Designating Municipal State Aid (MSA) Streets for 2013 1. ACTION REQUESTED: Adopt the attached resolutions designating part of 57th Avenue east of Vicksburg Lane and part of Sunset Trail east of Pineview Lane as Municipal State Aid (MSA) streets and to revoke existing MSA segments Nathan Lane/13th Avenue as well as Shenandoah Lane/ 9th Avenue/Niagara Lane south of County Road 6. 2. BACKGROUND: The City receives funds from the State of Minnesota each year for construction and maintenance of streets which are designated on the MSA system. The City is allowed to designate a maximum of 20% of our total street system as MSA streets. The City is also allowed to make system revisions once each year. It is advantageous for the City to designate as close to the 20% allowance as possible, since part of the formula for allocating MSA funds to the City is based on the length, age and condition of the designated streets. In addition, streets that have not yet been constructed or were constructed more than 20 years ago increase the allocation more than newer streets. The designated streets must connect to either another MSA street or part of the state or county system and must be identified as a collector or higher in the Transportation Plan which is an element of the City's Comprehensive Plan. Designating streets on the MSA system does not imply that they will be constructed or reconstructed in any particular timeframe. Currently, the City is 0.78 miles below the maximum allowable designation due to the addition of new roads built during the 2012 construction season. With the proposed revocation of the current MSA segments the City will have 2.48 miles total to assign to the system. Staff recommends adding a portion of 57th Avenue from Vicksburg Lane east to Cheshire Lane and Sunset Trail from Pineview Lane east to County Road 73 (see attached maps). The new streets recommended to be added to the City's MSA system total 2.12 miles. The 57th Avenue and Sunset Trail segments are classified as Minor collectors in the City's Transportation Plan. All proposed street segment additions have been reviewed for conformance with MSA requirements by MnDOT's State Aid Division. A letter has been received (copy attached) from Marshall Johnston, MSA Needs Manager, approving all of the requested segment revisions. A resolution by the City Council is required to facilitate the changes. Page 1 3. BUDGET IMPACT: The addition of streets to the City's MSA system is expected to result in a nominal increase in the annual MSA apportionment received from the State of Minnesota. 4. ATTACHMENTS: Letter from MN/DOT Maps Resolutions Page 2 Minnesota Department of Transportation 395 John Ireland Boulevard Saint Paul, MN 55155 Nemo TO: Mr. Doran Cote Plymouth City Engineer 3400 Plymouth Boulevard Plymouth, MN 55447 FROM: Marshall Johnston Municipal State Aid Needs Manager DATE: February 7, 2013 SUBJECT: Municipal State Aid Designations and Revocations The following Municipal State Aid Street designations will be approved when the City Council resolution is received: MSAS 199 57"' Avenue- Vicksburg Lane to Cheshire Lane (0.99 total miles- 0.26 existing and 0.73 non existing miles) MSAS 201 Sunset Trail- Pineview Lane to Zachary Lane (CSAH 73) (1.13 existing miles) The following Municipal State Aid Street revocations will be approved when the City Council resolution is received: Part of MSAS 169 Nathan Lane/13'" Avenue- 10" Avenue to TH 169 (0.45 existing miles) Part of MSAS 179 Niagara Lane/9" Avenue/Shenandoah Lane- Gleason Lake Road to CSAH 6 1.25 existing miles) The following documents must be submitted before further processing can occur: A Commissioner's Order will follow atter the City Council resolution is received and approved by the Commissioner. Comments: If the City Council resolution is received by the DSAE before June 1, 2013, routes designated can receive needs in 2013. Include the road data with the normal computer needs update. Also include the revisions on the Certification of Mileage due in January 2014. If you have any questions, contact your DSAE or Marshall Johnston at (651) 366-3815 for instructions. cc. District State Aid Engineer File An Equal Opportunity Employer Page 3 Page 4 S.1/2 SEC. 4 T.118 R.22 z A31 41LrjHAMPTON ADDO 41 0 Z co is 9 C z Lv, cl IN oadon-E isting T In X ly cJMSAS55-194 Futur 57th A enue cW c 0JOczci kEY Proposed MSA SegmentC14 c 1:4j Existing MSA Segment j Gol Q0 0 rado.......... ....... eH W4 POMERLEAU LAKE 061 3. 34 43 \1 44 Proposed Segment Addition "57th Avenue" 0 ?QV 400 F Print Date: 9/112011 MllMMMRz= SAA SEC 4 T.178 R." Page 4 S.112 SEC. 35 T.118 R.22 4 M, 32 i w31 M r 42 Al ATH pVE - ATH A N Page 5 ZCn x. nr rfJni A Q1 NE NT Q MEAS ISS -201 3 1. qty t nn.= l1 go 14 LO KEY Proposed MSA Segment V) Existing MSA Segment 1 an ADOP, on 1 Ridgemont Ave 160 me, A Oil Proposed Segment Addition "Sunset Trail' a 200 40Feel Wrhm 1, tiYma M—-r MN Print Date: 91112011 IMMOMMEZ= S,IQ SEC 35 T.118 R.77 Page 5 N.1/2 SEC. 36 T.118 R.22 155-169-050 R L E WO f}dl .I ASTERN+ • _ - " -6F+ 1 ae ` .,.• A L 3 N0 13tC _ n a RR a O• - - .. oxo.m w .. { 13th Ave s' is .FYJSIM KEY - - youhsnoAE9 nLs - C C wolaaADMxox + Existing MSA Segment _ J17 to a° i ,:-t... Z 10th Ave 169 197rW E " rGROM Qf€ICE AM 2NDXCICAYW. 5"i:P'' • S" w E x1P WAFr=EtlF PLr E r V "1 i 'af•, 1 nig 5 •ai.,' i'1 + _ _ e t '°+I- '".. fT•- PAF.f HLiiA - I. ....• { row. CYI L]FF4'Le iTARiI Af1N€A f ' 23;' s i4 _ _ -1-3-- o F,M 14 t Proposed Segment Revocation "Nathana Ln/ 13th Ave" 155-169-040 & 050 e4wn,1„- 0 300 400 I'M -Mlll»xdrl•s,WPW I, 14—FmC, KIN Print Date: 911/2011 N.1/2 SEC 36 T.YY& R.22 Page 6 S.1/2 SEC. 28 7:118 R.22 n++i+nmrl gas m mdrvim+n bt t..+e„e nmm.11mnndmMmo+bm andd+N6nm un' r n-aN Whr. -ertn Print Date: 9/112011 TJ Proposed Segment Revocation "Shenandoah Ln" 155-179-010 L MO 41, F -I nlnA by Jo- L lig .I IynLmitM„'Mn Vndmrllunedr,MmrypfMd M Hmm nnCn.Ml\. S.1/2 SEC. 28 MIS R.22 Page 7 N.1%2 SEC. 33 T.118 R.22 22 2 PA KERS LATEA Til w KEY Existing MSA Segment N' a J Q00I "•.'1 a . k ' frl 3 N t ' 3 y' wFe _ urs rrulL - u4- ---_---.-t.Ut:'E LW -WLA 9th Ave' t { _ TfM .._.._ 'r s = ° • ' al - G ij `` 1 aµE,a9f ' s• 4 e tLya E III Z n4. 1 ' 123 14 Proposed Segment Revocation ”"Nathana Ln! 9th Ave/ Shenandoah Ln155-179-010 0 290 49ra r"61 h,gmAllmx n.lntpd M'Nvm•pm Cn.Al:•i. Print Date: 9/112011 AP. 1/2 SEC. 33 T.ITB R22 Page 8 S.1/2 SEC. 33 T.118 R.22 FZn R a• A F aa 1 1 , II n `. J AliA1i -.. m. -__ I i - _ •_ •_ _ _ uF 7 c - 1 l _ _ _ +,/. 1 __ _ - YY cl Y bt4 - 1 w NPS I` eY [ N il'F1' - mh Rn - - iia • ' r'Ogyni. ' xIP '" nR 6+p ¢ I r 4 i 6Rw .. Z 1 V KE Gleason Lake Or =Existing MSA SegmentE lu q hr. VIS _8Yeod- EAJOj• tJ n • a 34 43flvswn ,aAFPtiv mrmlmi men li ^T^'R^b rmm n"n .IAa binh s i.mnarn n Proposed Segment Revocation Niagara Ln" 155-179-010 ,,ArJnntuyaYly>nmirA.MT. 0 200 400 Feet Un¢mrllMxdrtxsAprttwd 1pHmnepmen.Alro. Print Date: 9/112011 S.1/2 SEC. 33 T.128 R." Page 9 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION TO DESIGNATE MUNICIPAL STATE AID STREETS PART OF 57T" AVENUE FROM VICKSBURG LANE TO CHESHIRE LANE PART OF SUNSET TRAIL FROM PINEVIEW LANE TO ZACHARY LANE WHEREAS, it appears to the City Council of Plymouth, Minnesota that the streets hereinafter described should be designated as Municipal State Aid streets under the provisions of Minnesota Law. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the roads described as follows, to -wit: Extension of 57th Avenue- Vicksburg Lane to Cheshire Lane Extension of Sunset Trail- Pineview Lane to Zachary Lane (CSAR 73) be, and hereby are established, located, and designated Municipal State Aid streets of the City of Plymouth subject to the approval of the Commissioner of Transportation of the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the City Clerk is hereby authorized and directed forthwith to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said roads or portions thereof, that the same be constructed, improved, and maintained as Municipal State Aid streets. Approved this 26th day of February, 2013. 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 , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 10 CITY OF PLYMOUTH RESOLUTION No. 2013- A RESOLUTION TO REVOKING MUNICIPAL STATE AID STREETS NATHAN LANE FROM 13TH AVENUE TO 10TH AVENUE REVOCATION OF 13T" AVENUE FROM NATHAN LANE TO KILMER LANE WHEREAS, it appears to the City Council of Plymouth, Minnesota that the streets hereinafter described should be revoked as Municipal State Aid streets under the provisions of Minnesota Law. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA: That the roads described as follows, to -wit: Revocation ofNathan Lane from 13th Avenue to 10th Avenue Revocation of 13th Avenue from Nathan Lane to Kilmer Lane be, and hereby is revoked as a Municipal State Aid Street of the City of Plymouth subject to the approval of the Commissioner of Transportation ofthe State of Minnesota. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the City Clerk is hereby authorized and directed forthwith to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said roads or portions thereof, that the same be constructed, improved, and maintained as Municipal State Aid streets. Approved this 26th day of February, 2013. 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 , with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 11 rp)City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING Agenda 6.11Number: To: Laurie Ahrens, City Manager Prepared by: Thomas Vetsch, Central Services Manager February 26, 2013 Reviewed by: Doran Cote, Director of Public Works Approve Leases with Sprint Spectrum Realty CompanyItem: to Mount Communication Equipment on Water Towers 1. ACTION REQUESTED: Adopt the attached resolution authorizing the Mayor and City Manager to execute an agreement and approve leases with Sprint Spectrum Realty Company on water towers. 2. BACKGROUND: As a result of deregulation of the telecommunication industry and the advancement of newer technology, private companies are continuing to offer new or improved telecommunication equipment and internet services. These services include cellular telephones for personal communication and wireless internet. In the summer of 1996, the City revised the zoning ordinance to have current zoning provisions for the location of towers and antennas. The zoning ordinance encourages the locating of these new antenna systems on public structures such as water towers. On October 2, 1996, the City Council adopted a policy regarding the location of these antennas on City property or City water towers. The City has received an application from Sprint Specturm Realty Company LP, a Delaware Limited Partnership, to locate antennas on two water towers located at 4355 Zachary Lane (Zachary Lane Water Tower), and 17751 401h Ave. N (County Road 101 Water Tower). A structural analysis will be performed by a 3rd parry engineering firm before any work begins to verify that the water towers are capable of supporting the proposed antennas, that the antennas will be properly attached and this installation will not conflict with any existing tenant. The review of plans will be paid for by the user. Also, general specifications have been prepared on the modifications to the water towers which will be required to support the antennas. Sprint proposes to add three new power wave antennas (labeled as 800/1900 antennas) and three hybrid coaxial cables. Once installed and new antennas are on air in the next 12 months, the existing six Sprint antennas and existing six Sprint coaxial cables will be removed. Sprint, in conjunction with Qwest, also wants to bring fiber optics to these sites. Sprint has been a good tenant on these water towers since 1997. Page 1 The City Attorney has reviewed and approved an agreement for the use of the City water towers for this equipment. The basic provisions are as follows: This agreement is for the water towers located at 4355 Zachary Lane, and 17751 40th Ave. N. There are attachments to the agreement indicating the location of the water towers and the detailed information on the installation of all related equipment. Any additional maintenance expense incurred by the City for any of the water towers as a result of the antennas is the responsibility of Sprint Specturm Realty Company. The lease is for a five year initial term with Sprint Spectrum Realty Company having the option to renew the agreement for two additional five year terms. The fee which must be paid to the City, on or before commencement for the first year of the initial five year term, is $24,000.00 and thereafter for the duration of this agreement the annual fee shall increase by three and one half percent (3.5%) each year. Sprint Specturm Realty Company is responsible for the personal property taxes which will be assessed by the County for their equipment. The standard insurance and other provisions deemed necessary by the City Attorney are included in the agreement. 3. BUDGET IMPACT: The agreement requires Sprint Specturm Realty Company LP, a Delaware Limited Partnership, to pay all additional costs incurred on maintenance of the water tower as a result of their antennas. For this reason, there will be no budget impact associated with maintenance of the water towers. The City will receive a minimum payment of $24,000 per year for each water tower. In accordance with the City adopted policy, one-half of these funds would go to the Water Fund, and one-half to the General Fund. 4. ATTACHMENTS: Lease Agreement Resolution Page 2 I RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sprint Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 MEMORANDUM OF AGREEMENT MS03XCO401 Plymouth Water Tower #2 This MEMORANDUM OF AGREEMENT is entered into on 2013, by City of Plymouth, a Minnesota municipal corporation, with an address at 3400 Plyrnouth Boulevard, Plymouth MN 55447 (hereinafter referred to as "Owner" or "Landlord") and Sprint Spectrum L.P., a Delaware limited partnership, with an office at 6391 Sprint Parkway, Overland Park, KS 66251 (hereinafter referred to as "Sprint" or "Tenant"). 1. Landlord and Sprint entered into a Site Lease Agreement ("Agreement") dated as of 2013, effective upon full execution of the parties ("Effective Date") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Sprint's tenancy under the Agreement is for five (5) years commencing on February 1, 2013 ("Commencement Date"), and terminating on the fifth anniversary of the Term Commencement Date with two (2) successive five (5) year options to renew. 3. The Property that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Property being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. Page 3 lv 5o 3xi:otiz In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: City of Plymouth, a Minnesota municipal corporation By: Name: Title: Date: Attach Exhibit A: Legal Description of the Property TENANT: Sprint Spectrum, LP, a Delaware limited partnership By: Name: MattheW Bell Title: Manager Real Estate Date: G- Page 4 STATE OF COUNTY OF On , before me, , Notary Public, personally appeared City of Plymouth, a Minnesota municipal corporation personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their and that by their signature on the instrument, the person behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL) Notary Public My commission expires: STATE OF K441 COUNTY OF K -W 6'Y -N authorized capacity, or the entity upon On 2 ' l Z' (3 before me, ` j Notary Public, personally appeared Sprint Spectrum L.P., a Delaware limited partnership personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ALLISON GIFFIN Notary Public, State of Kansas Notary Public EMy Appointment Expires0 My commission expires: P • ?rs' 'v01 Page 5 EXHIBIT "A" TO MEMORANDUM OF AGREEMENT DESCRIPTION OF PROPERTY PROPERTY LEGAL DESCRIP77O Lot 1, &00k 3 Oty of P1}a19 Uth Plot NO 2, HlnA vp;" Ccurrttj; AdAArreSOM Page 6 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (Agreement") is entered into this day of 2013, between the CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447-1448 Landlord"); and Sprint Spectrum LP, a Delaware limited partnership ("Tenant"), whose address is Mailstop KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251- 2650. SECTION ONE Proper and Premises Subject to the following terms and conditions, Landlord leases to Tenant: certain space on top of the Landlord's water tower for the installation of Tenant's antennas; approximately 500 square feet of building space within Landlord's water tower; and nonexclusive rights for ingress, egress and for the placement of cables and utilities (such areas shall be referred to as the Premises") at Landlord's property located at 4355 Zachary Lane, Plymouth, Minnesota 55447- 1448 (the "Property") in the City of Plymouth. The Property is described on Exhibit "A" and the Premises (including nonexclusive rights for ingress, egress and the placement of cable and utility access areas) are depicted on attached Exhibit "B." The primary purposes of the Landlord's ownership of the Property are to: (a) operate and maintain a municipal water storage tower so as to provide water service to residents of the City of Plymouth; and (b) to provide communication systems to the City of Plymouth. 160801v01 1 RNK:1114/2011 Page 7 M S63uL©ya SECTION TWO Use and Description of Equipment A. The Premises shall be used by Tenant solely for the purpose of installing, maintaining and operating radia communications facilities, including, without limitation, utility lines, transmission lines, electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Tenant Facilities") provided such use is not inconsistent with the Landlord's use of the Property. The Tenant Facilities to be utilized in connection with such use is described on Exhibit "C" attached hereto. The design and color of the antennae, waveguide and other external equipment shall be subject to the Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant may make routine repairs, modifications, replacements, upgrades and alterations to the Tenant Facilities as Tenant deems appropriate. Tenant shall obtain Landlord's prior written approval (which shall not be unreasonably withheld, conditioned or delayed) before making any visible material upgrades, modifications, alterations or additions to the antenna, waveguide or other external equipment, excepting like kind or similar replacement. Upon at least forty five (45) days notice from Landlord, Tenant, at its sole cost and expense, shall make any necessary arrangements to assist the Landlord and its contractors by protecting Tenant's equipment during any scheduled maintenance and painting procedure on or in the leased area. Tenant agrees to clean and paint their antennas in order to match the exterior color of the water tower. Should Landlord and Tenant agree that the scheduled maintenance or painting of the water tower will prevent Tenant from temporarily using the water tower as Tenant's communications facility, Tenant, at its sole cost and expense, shall have the right to install and operate a temporary antenna facility including a Cell -on -Wheels) on a mutually acceptable location on the Property. Tenant shall 16080101 2 RNK:11/4/2011 Page 8 mark all their permanent coaxial cable in the water tower with a tag legibly stating their company's name along with a service phone number before and after it penetrates any real surface. B. Pursuant to Tenant's regulatory communication licenses and subject to the terms of this Agreement, Tenant may have use of the Premises for the transmission and reception of radio communication signals in the frequencies permitted by the Federal Communication Commission for communications broadcasting; for the construction, operation and maintenance of related facilities, equipment, antennae, including the right to periodically change antenna types, mounting locations and azimuths; and for related activities. The use of the Premises by Tenant under this Agreement shall at all times be in accordance with the Technical Minimum Site Standards as described on Exhibit "D." Subject to the terms herein, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Premises (the "Governmental Approvals"). In addition, as long as the foregoing activities do not interfere with the Landlord's or a pre-existing tenant's use of the Property and provided seven (7) days advance written notice is sent to Landlord (such notice to include a description of the type of work to be performed), Landlord agrees to allow Tenant to perform, at Tenant's own expense, surveys, soil testing and other engineering procedures on, under, and over the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design and Governmental Approvals. C. Tenant shall be allowed reasonable access to the Premises twenty-four (24) hours a day, 365 days a year for the use ofthe Premises in compliance with this Agreement. 16080]va] 3 RNK:11/4/2011 Page 9 SECTION THREE Term The term of this Agreement shall be five (5) years ("Initial Term"), commencing on February 1, 2013, (the "Commencement Date"). Tenant shall have the right to extend this Agreement beyond the Initial Term for two (2) additional five (5) year terms ("Renewal Term" or "Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein except for the amount of rent, which shall be determined in accordance with Article Four below. This Agreement shall automatically renew and extend for two consecutive five (5) year Renewal Tenn unless Tenant notifies the Landlord in writing of its intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. In such case, this Agreement shall be terminated effective on the date of the expiration of the Initial Term or the current Renewal Term, as the case may be. SECTION FOUR Rent The annual rent is Twenty Four Thousand and 001100 ($24,000.00). Within fifteen (15) days of the Commencement Date Tenant shall pay the annual rent for the first year of the Initial Term. Commencing with the second year of the Initial Term rent shall be paid monthly in advance. The annual rent shall increase by three and a half percent (3.5%) on each anniversary of the Commencement Date. Rent when due shall be subject to a five percent (5%) late fee and shall allow Landlord the option to terminate this Agreement upon thirty (30) days written notice from Landlord to Tenant. Rent for any fractional month at the beginning or at the end of the Initial Term or a Renewal Term shall be prorated. 16080101 4 RNK:1114/2011 Page 10 SECTION FIVE Interference Tenant's installation, operation, and maintenance of its Tenant Facilities shall not damage or interfere with Landlord's water tower operations and shall not interfere with Landlord's municipal communication system located on the Property or other tenants located on the Premises. Landlord agrees to give reasonable advance notice of any repair or maintenance activities related to water tower operations to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference to Tenant's transmission operations. Landlord shall not permit its lessees, invitees or agents to use any portion of the Property in any way which materially interferes with the operations of Tenant. Such interference shall be deemed a material breach by Landlord, and Landlord shall have the responsibility to correct said interference. Tenant understands and agrees that Tenant's use of the Property is non-exclusive and Landlord shall maintain the right to contract with other communication systems users to operate communication equipment on the Property. Such use by other users shall not cause material physical or frequency interference to Tenant's operation or equipment at the Premises. It shall be the obligation of Tenant not to cause interference to other tenants occupying the other portions of the Property prior to the execution date of this Agreement (chronological priority for frequency protection rights) provided that the installations of other tenant's equipment and facilities predate the original installation of the Tenant Facilities. In the event the Landlord, Tenant or any other tenant of Landlord experiences frequency interference, Landlord shall notify each tenant of such interference (including Tenant), and will work with all tenants to 16080101 5 RNKHM/2011 Page 11 resolve the interference. All parties involved in the frequency interference shall, at their own expense, engage the services of a communications engineering firm to conduct frequency interference analyses. If the suspected interference cannot be resolved by the parties involved in such interference after consultation with their respective engineers, then the respective engineers shall select an engineering firm to act as a final mediator to resolve the frequency interference. The parties shall comply with the mediator's findings. Priority shall be given to the tenant with the longest tenure at the Property. For the purposes of this Section 5 and determining interference priority rights, January 8, 1997, is the date Tenant's tenure commenced at the Property and is the date Tenant originally installed its Tenant Facilities at the Premises. SECTION SIX Improvement, Utilities; Access A. Tenant shall have the right, at Tenant's expense, to erect and maintain on the Premises the equipment listed on Exhibit "C." Tenant shall not erect and maintain any additional items or equipment on the Premises, except for like kind or similar replacement, without the prior written consent ofthe Landlord. B. Tenant shall have the right at their expense and Landlord's approval to install utilities on the Premises in order to operate the facilities described in this Agreement. Tenant shall at its own expense arrange for separate metering of utility services that must be read from outside the surrounding fence. Tenant shall at its own expense arrange for the relocation of any utilities. Tenant shall pay for all utility services it consumes in its operations. C. Background checks shall be completed on all individuals who request access to any of the water system facilities, reservoir, wells or other public works facility located within the Property ("Facilities" or "Facility"). Background checks performed by the Tenant requesting 160801x01 6 RNK:11/4/2011 Page 12 access for its employees cannot be used in substitution of Landlord's background check. Landlord reserves the right to refuse access to any Facility located within or about the Property based on the results of the background check. Landlord will update the background checks annually. The following guidelines represent the procedures, duties and responsibilities of Landlord and Tenant with respect to access to the Property or Premises: i. Background Checks. Individuals, groups, and companies requesting access to the Premises on behalf of Tenant shall submit the name of the Tenant and other pertinent information regarding the access request to Landlord's Public Works Department as set forth below. Information must be received sufficiently in advance of the visit to the Premises to allow for the completion of a background check. The Landlord's Public Works Department will provide the information to the Plymouth Police Department who will complete the background check. The Police Department will return the results of the background check to the Public Works Department for review and disposition. Information provided to the Landlord concerning background checks will be maintained on file for one year. ii. Procedures. Tenant shall be allowed access to the Premises twenty-four 24) hours a day, seven (7) days a week subject to the following procedures. All individuals must present appropriate state, federal, or company issued photo identification before access is granted to the Premises. All individuals, regardless of the status of the background check, will be escorted by Landlord personnel when working (actual 160801v01 7 RNK:11/4/2011 Page 13 installation of equipment, not for routine maintenance) within the Facilities. Individuals with approved background checks will be allowed to work within the Premises unescorted, subject to escort requirements for work within Facility areas. Individuals without approved background checks will be escorted while they are working in or around the Premises. Tenant shall contact the Landlord's Public Works Maintenance Division at 763-509-5950 from 7:30 a.m. - 4:00 p.m. central time Monday through Friday or the Landlord's Police Department at 763-509-5160 at all other times to obtain access to the Premises. Such access will be provided within twenty-four (24) hours of request. In the event of emergency City agrees to provide emergency access within one (1) hour of Tenant's request. iii. Tenant Charges for. Access. In the event the Landlord's Public Works Maintenance Division is required to escort an individual to the Premises, the Tenant will be billed by Landlord for reasonable costs and expenses incurred by the Landlord in dispatching employees to the Premises. In the event the Landlord's personnel is called out after regular City business hours as set forth above or on City holidays, to provide access to the Premises, reasonable charges, for the callout will be billed to the Tenant. Tenant will pay such charges, not to exceed $85.00 per hr, within thirty 30) days of receipt of an invoice together with reasonable supporting documentation evidencing such charges, costs and expenses. 160801v0I $ RNK:11/4/2011 Page 14 SECTION SEVEN Termination A. This Agreement may be terminated upon thirty (30) days written notice from Landlord to Tenant in the event rent is not timely paid within ten (10) days following Tenant's receipt of written notice of such failure to pay during the Initial Term or any Renewal Term, as applicable. B. Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability, following sixty (60) days written notice as follows: (1) by either party upon a material default of any covenant or term hereof (except for the payment of rent) by the other party, which default is not cured within sixty (60) days of receipt of written notice of default unless such default may not reasonably be cured within a sixty (60) day period, in which case, this Agreement may not be terminated if the defaulting party commences action to cure the default with such sixty (60) day period and proceeds with due diligence to Uly cure the default and thereafter cures the default (without, however, limiting any other rights available to the parties at law, in equity, or pursuant to any other provisions hereof); (2) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental agency approval necessary to the construction and/or operation of the Tenant Facilities or Tenant's business; or (3) by Tenant if the Premises are or become unacceptable under the Tenant's design or engineering specifications for the communication system network to which the Tenant Facilities belong, including but not limited to signal interference. C. Landlord, following one hundred eighty (180) days written notice, if the Landlord in its sole but reasonable discretion decides to discontinue use ofthe property for a water tower. 16080101 g RNK:iv4/2011 Page 15 D. If this Agreement is terminated, rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of rent, all prepaid rents shall be refunded to Tenant within ninety (90) days of said termination. E. Within sixty (60) days following termination, Tenant shall promptly remove the Tenant Facilities at Tenant's cost and expense. SECTION EIGHT Taxes Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Tenant Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. Notwithstanding the foregoing, Tenant shall pay any increase in real property taxes levied against the Premises for the period from the Commencement Date through to termination of this Agreement that is directly attributable to Tenant's use of the Premises. Landlord agrees to furnish proof of such increase to Tenant. SECTION NINE Insurance A. Tenant shall maintain commercial general liability insurance insuring Tenant against liability for personal injury, death or damage to personal property arising out of use of the Premises by Tenant with combined single limits of not less than Two Million and No/100 Dollars ($2,000,000.00), and Landlord will be named as an additional insured under such policy. Tenant shall also maintain fire and extended coverage insurance insuring Tenant's personal property for its full insurable value (subject to reasonable deductibles). Each policy shall contain a provision notifying Landlord of intent to cancel thirty (30) days, or ten (10) days if cancelled for non-payment of premium, prior to such cancellation. Tenant shall provide Landlord with a 160801v01 10 RNK:1114t2011 Page 16 Certificate of Insurance evidencing such coverage in a form reasonably acceptable to the Landlord. B. Tenant and its contractors shall provide Landlord with proof of workers' compensation insurance covering all of Tenant's and its contractors' respective employees who access the Premises in accordance with state law. SECTION TEN Destruction of Premises If the Premises are destroyed or damaged so as to reasonably hinder the Tenant's effective use of the Premises, either Landlord or Tenant may elect to terminate this Agreement effective as of the date of the damage or destruction by notifying the other party not more than forty-five (45) days following the date of damage. In such event, all rights and obligations of the parties under this Agreement shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Notwithstanding anything to the contrary herein, this Section 10 shall not require Landlord to rebuild or repair the Premises upon damage or destruction. SECTION ELEVEN Condemnation If a condemning authority takes all of the Property, or a portion sufficient, in the Tenant's determination, to render the Premises unsuitable for the use which Tenant was then making of the Premises, this Agreement shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interest in the Premises. Sale of all or part of the Premises to a 160801v01 11 R1,iK:11/4/2011 Page 17 purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. SECTION TWELVE Notices All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested or by nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for their purposes by providing written notice to the other party. If to Landlord: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1448 Telephone: 763-509-5950 If to Tenant: Sprint/Nextel Property Services Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 RE: MS03XCO40 With a mandatory copy to: Sprint/Nextel Law Department Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn.: Real Estate Attorney RE: MS03XCO40 SECTION THIRTEEN Title and Quiet Enioyment A. Landlord warrants that: (i) it has full right, power, and authority to execute this Agreement; (ii) it has good and unencumbered title to the Property free and clear of any liens or 160801v01 12 xxK:1 v4/z011 Page 18 mortgages; (iii) the Premises constitute a legal lot that may be leased without the need for any subdivision or platting approval; and (iv) the Premises are in compliance with all building, life/safety, and other laws of any governmental or quasi governmental authority. Tenant, upon paying the rent, shall peaceably and quietly have, hold and enjoy the Premises. Landlord shall not cause or permit any use of the Property or the Premises that interferes with or impairs the quality of the communication services being rendered by Tenant from the Premises. Notwithstanding the foregoing, Tenant acknowledges that Landlord will need to perform maintenance activities on the Property including painting and repairs of the water tower. Tenant agrees to cooperate with Landlord in order to allow such work to be completed in a timely and efficient manner as well as ensure continuous operation of the Tenant Facilities. If it is necessary for the Tenant Facilities to be temporarily relocated during maintenance of the water tower, Landlord agrees to allow Tenant, at Tenant expense, to relocate portions of the Tenant Facilities, primarily antennas and coaxial lines, to another location on the water tower or to bring a temporary tower facility such as a cell -on -wheels ("COW") on the Property for the duration of the repairs. B. Notwithstanding any other provision in this Agreement to the contrary, Tenant acknowledges that Landlord makes no warranties, express or implied with respect to Tenant's ability to expand its operations on the Premises beyond what is depicted on the exhibits attached hereto. SECTION FOURTEEN Hazardous Substances Tenant shall hold Landlord harmless from and indemnify Landlord against any damage, loss, expense, response costs, or liability, including consultant fees and attorney's fees resulting 150801v01 13 RNK:11/412011 Page 19 from the presence of hazardous substances on, under or around the Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around the Property if the hazardous substances were generated, stored, disposed of, or transported by Tenant or its employees agents or contractors. Landlord represents and warrants that to the best of Landlord's knowledge, no hazardous materials exist on the Leased Premises. Neither party shall be liable for any claims, losses or liabilities caused or permitted by the other party. SECTION FIFTEEN Indemnity Tenant shall indemnify Landlord and hold Landlord harmless from, any and all costs including reasonable attorney's fees and expenses) and claims, actions, damages, obligation, liabilities and liens which arise out of (a) the breach of this Agreement by Tenant; and (b) the use and/or occupancy of the Property, or the Premises, by Tenant. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any negligent or intentional misconduct of Landlord, its employees, agents or contractors, and shall survive the termination of this Agreement. SECTION SIXTEEN Assignment Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may, without City's consent, assign its interest, or sublet the Premises or any portion thereof, to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 18 160801v0l 14 RNK:11/4/2011 Page 20 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. SECTION SEVENTEEN Binding Effect: Successors and Assi ns This Agreement shall run with the Property. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, and assigns. SECTION EIGHTEEN Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. SECTION NINETEEN Miscellaneous A. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 160801v01 15 RNK:1114/2011 Page 21 B. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Agreement must be in writing and executed by both parties. C. If either party is represented by a real estate broker in this transactions, that party shall be full responsible for any fee due such broker, and shall hold the other party harmless from an claims for commission by such broker. D. This Agreement shall be construed in accordance with the laws of the State of Minnesota. E. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of the Agreement, which shall continue in full force and effect. F. Tenant may obtain title insurance on its leasehold interest in the Property. G. Landlord agrees to execute and deliver to Tenant a Memorandum of Agreement in the form annexed hereto as Exhibit E and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County where the Property is located. H. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay, condition or withhold its approval or consent. 160901vo l 16 RNK:11/4/2011 Page 22 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. LANDLORD: CITY OF PLYMOUTH, a Minnesota municipal corporation wo Mayor City Clerk TENANT: Sprint Spectrum, L.P., a Delaware limited partnership By: OA 7 Its: ^4r &n d& Exhibit "A": Description of the "Property" Exhibit "B": Description of the "Premises" Exhibit "C": Description of "Tenant Facilities" Exhibit "D": Technical Minimum Site Standards Exhibit "E': Memorandum of Agreement 16080101 ' 17 RNK:11/4/2011 Page 23 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2013, by and by , respectively, the Mayor and City Clerk of the CITY OF PLYMOUTH, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF ) ss. COUNTY OF Gl.v v,— ) The foregoing instrument was acknowledged before me this day of , 2013, by 1 , the VaAa6fK &ca_ 1L of,,, on its behalf. ALLISON GIFFIN Notary Public UNotaryPublic, State of Kansas My Appointment Expires1. THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452-5000 RNK 16080101 18 RNK:11/4/2011 Page 24 EXHIBIT "A" to SITE LEASE AGREEMENT DESCRIPTION OF PROPERTY PPUPER7Y LEGAL DESCRIPTION Lot 1, 81nC4 2. C??Y of Mymduth AUt No ?, Henmvkl cQuatar, Adinnesota, 160801vo1 19 RNK:111412011 Page 25 EXHIBIT "B" to SITE LEASE AGREEMENT DESCRIPTION OF PREMISES LEASED PREMISES LEGAL DESCRIPT70N hat part of (he fallowing; Lot 1, Black Z Gly of Plyrnowth Piet Na 2 ftennepirr County; A16inesa(a desen7xd as fodlaws,- CameaVdl irrg of the n0elt2d' st Corner at 3a;d Lot . thence 5auth 89 dc9raai 35 m ASW JO seconds Wast. ossumad Dcarniq p1o,g the north tine of sand Lot 1, a distance of 161,03 fact: thence scurf 19 ee;rees 18 rrrmutes 39 second! West a dirlance of 701,82 feet to the PoW of begfnnxtp el the Leered Prern,scs Sde to be described, 1peoce contie7ulrfq Soulh t9 degrees 18 rmoutes 39 sccDnds Hest a drstonen of sj 00 feet- thence eetthenceNorthTOdegrees4tmmotes21trcandsWestadistanceof10.00 feet to a pant hcrcrnaher ralerred to as Pom( A thence can mmig North M degrees 4t minptcs 21 seconds West d dirtanco of 1000 fact; thanCrt North 19 de0ree9 .1.8 m!nutss J9 secorldy Cost d d410040 of 4 00 feet, thcnCo South 70 degrees fl minutat 21 SaConds Cext a dittonCe of 2Q00 fret to the POW of beysnning t'ontarnang $00 Square feet 7ogathrl with o 2000 foal easement fpr ltlility, impress end egress are, ander and across the ohave descnbed prgperly, the cenlwfjne of which is described ns fotlbws: 8o0innsry Of Me obawr roforrad t0 POW it-- thonCa South 19 degrees 18 rr,tnutat J9 Second# wast b drstgnca at 6290 Anel; thence South 70 degrees 41 mrnutet 21 saCands £oat C distance of 12745 feet: thanCa SOuth 2S dagreaS 51 tnrnu149 25 sero+nds £ext v dstarrte of 15209 feel: thence South 01 degrees CW minu(es 52 seconds Cost o d+'stance of 84 CW feet, (nonce Norl) 89 degrees J5 mMules 30 seconds East u dstaWCa of 54 22 feet to the easterly line al .sa:d lot t and there learmating Contarnwng 9,674 Square Fcet_ 160801vOl 20 RNK:11/4/2011 Page 26 EXHIBIT "C" to SITE LEASE AGREEMENT DESCRIPTION OF TENANT FACILITIES See attached 5 page drawings 160801v01 21 RNK;I1/4/2011 Page 27 CRJF111C _:.1312 f F LF tye < tn r a .a v..a saenaa es a«.f.: es ,„x ueei,euasu tu. nx<. <x evnwcwe w.c> w+'i>•n <foximi.isr>aP-an ss- fnn...wa= <,ugamwsu.• nnxpvfT s.-an' d.rrlr'Kii.n.ema-vn .w 1a .: mz:'crc's«a. iivr„s:.i: aw-.qyay?ttFes: x:y„ umP e,ex.. -wi•e amc. mlr rmiccn nrsca novr F 8<8faeath vhn-x. 4. Prof+< <'» irASr!]R7F39SfS:r lisi. rx;e'arrYe. i.e C. avet -w -i• wirr.ria. *'MMSP'hnw Yrlrns ca`we zn.fmi-: si`N eeaY'N'tloQ.M1 4.xaPoNLHirsW.iq. . keP+P:YE3 L UMrH a ) DF+ r. }`M'3+ri 3yy 'lIN..A.b wx rri-.< wd i r 3W MlxNnrer. pri!'xna.fr.nOra wb h3 s-1f 1MfG f Yf1'W! f,{11P RpCMiD'NZilYJWCY+sI Mr_tl-Pi+aeano--'- Jo-+LLaWfLaky Page 28 in r- NoceASOE THE BRIE OF THESF DRAWINGS A F,BEN V,ALK HAS NOT BEEN PERFORMED 0I1 THIS 5RE M THE P"U;'ED FIBER ROU!£ MID H"' LDCAPION HAKE NBT BEEN DETERMINED. HOTES. t PROPOSED MDUN'TNG ECUIFMENT CDA% MD A10ENNAS INST}m= S _ BE PAINTEO TO MATCH TIO= UISUNG WATER TOWER [VERIFY CoD ,i 2. COHTfLICTDH &HA LITE COLORED TIDE (FO MATCH 111E WATER OVERALL SITE PLAN TOYJER COLOR) ON SPRINT JONPERS MD ASSC WEO HARDWARE AS NEEDED. Sprint I BLACK & WATCH n a e riot ierecmir o/<apa w c cacao 111111111411 PLY"""' WA", 7a*" (2 4425 IACHARI w PLYMOUTH. MN 55442 WERM SME PLAN A-1 Page 29 I 1I i l i I 1 I1 X i II NOTES Y Sawar w.tisnvs asxev k , msnm mniwer•TMM,amvnne m ru A - egaie lawrtcwoenn pe nutr¢ e.te m cin shn i:a uenwo a d4 [sAun swr soar [a,.erin ice as [rvanri rmaero arsruwixe s¢I s-. a ..._E, s x•>:w Qaaaxro,. rorear srzou- p pe AT m 1 'H w.nnw, REP e axtaai AMDr 10—S—1 YFAIFY THE PLA --I OF THE TOTED_ EOOIPNENT CABINETS SUCH THAT AT LL T 2 CONNERS OR THE CABINETS ME UULTEO TO SHEUCTURAL MEMBERS OF THE EXISTING EOUIFNENT PLATFORM. TACK NES GRATING TO ME STP.UGNRAL UEIJBsRS RELOW A71Ery MEN'cER EELO IS A C—CHANNEL_ l femw 6LACK B VEATCH N rr,o1ccr xx ahrt la ENrEYISTINGEON€PMENT LAYOUTP, F] ennnxii x I.r Pxvav u msffiuuaas I 1111 1 W F Follow F Lp 1 j e l r1 J aeaarcl omn= rnma,•nCanutiN•SulA ® 10 V 11 RT9 5 6MC CpNA MSOATER TPL11EGlITHWATERTOWER 2 T25 IScli 11[ PLYMOUTH, MH 55442 elft lAi NNERIN EUAHANENf iAYODY >r..A3;e _,moo G FINAL EOUIPMENT LAYOUT Mir, alarm C EQUIPHEM LOYOlTfS rvmi • — S16f0.s xz a5 uus. awl vnti_ asc slamxfMl0.tlE li Ui tt ItrR uMss PPC GRAPHICS EEGENO ACRONYM LEGEND Page 30 Page 31 n P r BLACK & VEATCH W, w... J. L trLM1VL 9t r2°o[ xo:x aj CUA% ROVING UETATL w ti naso urioeu ertwai auoansxi rnryn. 1 z .w+ `sc'mV U503XC0 0 PLYHOUIH WATER TOWER f2 4425 ZACHARY LN PAAtNfW AL NC11E: FALL AN1ENx45, FCWOWARE, ETG TO MATCH BDCOLOR.> F x° mmcrvvE mow uc_ xnuvwna:aumy PLYMOUTH, HH 55¢42 TOWER ELCYATIUH k COAX OETAiLS kOTE: NEOPRENE SHALLcL F PIACEII- HEIWEEN PLL LlANP,, ORACKrrS, ErG AYO E]UGRNG S7AUCMRE nzyarn mart u b)s¢r A-3 SITE SOUTHSITESOUTHELEYATIU w uu 800 1900 NHz AHTEhNdAOUNTIN 1 u e• CI CABLE RE"Q DETAIL w R Page 31 Page 32 PROPCEEa RMENRA SCNEOIILE SECTOR Ax,plxA ANTENNA YRRIHA IIOR0. N4 ." R W.. LOAM AZNU111 c NxA Lc[ uicN E CCTNURBFRSZENL3TILT RRV NDD[L PRx fiuAR HYBIED ' IUNnCR JIIxPER AC3 REF CRCIE xFT CAxFCIEHGIHN2 'DO' LCNCTN LMTFAcMR u S p rirlt PLM SFngN "'` wal,Le ,/, ,/, RlaE-r]Ax RA -Ps 1,3 ego lob R _ I? 6' x,e' rolP¢mpE •rLa-6A,-0e] S 8 1_ THESE RRFaYl:45 NAt_ BFD1FREFMEaINA[[ATL1W_E Rilil 1N- 13 SkEEI TNRTMHS MR'0E9 TOIhlF1GFNpxCLP$, T C C PFO[RMd,CCIkFORW1Wl. srn"s Nosr mN Rros JN]AxEn at% r e Hssei,eP:n --m aa-- ,Pr,x,wv I, ;==LE r4mxi Ea]xBrunIoff un,m Tus xouvn. BLACK & VEATCH ra.Mvl w: nen CMT4kW ar: Iwuxn n r. Jx1aR , su.nrn.r..s Is Is ] xRnnanva.s Rrw LIF m, nenxc Pw eased .xl m— Rx wrP ANTENNA SCHEDULE UEItR Gr N'," r, ras a as/15oo w ' ice y F o EaEx:ATu¢urPn loraJ, H0. m. Fvsnw o<_ r aFa+ yq mtltA sa .r•E.+.s Isa ins rws ,IGm. w raar DE x• srntol exrs:- DEM.- 9.svn o 2n•he M.iu uv d x HNN36rR 10 IR III ,)985 ec e,.lo WAAoaoPL1u0NHWATERTOEFR 12 TT]M 211NRRY N PLYMOUTH. MN 55412 ANTENNR SLHEWLC SEFn eOvrv[R jLl',jfNG ANYEMNA TAVOLf eoec A INTERIM ANTENNA LAYOUT Wiwi B FINN ANTENNA IdY1,IIT P, yx_ C Page 32 EXHIBIT "D" to SITE LEASE AGREEMENT TECHNICAL MINIMUM SITE STANDARDS 1. All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuation to any internal RF signals. Desk -top base stations and open racks cannot be used without special approval; additional shielding kits may be required. 2. At least 60 db of isolation for 450 MHZ, 800 MHZ, 900 MHZ and 1800 — 2000 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided; a harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter. (Higher power levels will be considered on a case-by-case basis; additional protective devices may be required.) 4. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or Y2 inch Superflex. RG18 or any other single shielded cable will not be allowed. 5. Proposed transmitters that will cause second order, third order or fifth order intermodulation products on existing receiver frequencies will not be permitted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodulation product at the site, will not be permitted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, ifneeded: 40 MHA band: 50 db at 1 MHZ 150 MHZ band: 50 db at 1.5 MHZ 450 MHZ band: 50 db at 2.5 MHZ 8001900 MHZ band: 50 db at 10 MHZ 1800/1900 MHz Microwave PCS: 50 db at 20 MHZ 7. Each cabinet must be identified by the owner's name, address and FCC station license; it also must have the name and telephone number of the responsible service agency. 8. Prior to approving any application for antenna space at the site, an engineering study will be conducted by the Engineer for the City of Plymouth, consisting of at least the following items: 160801v01 22 RNK:1114/2011 Page 33 a. Intermodulation interference (IM) calculations of all transmitters and receivers known to exist in the area at time of application. (Study will include 2nd, 3rd and 5th order IM terms, and A + B — C, three -product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis of best equipment and antenna locations at the site. d. Analysis of AC power requirements. e. Report to prospective site user regarding application. 160801vo1 23 re+K:11/4/2011 Page 34 EXHIBIT "E" to SITE LEASE AGREEMENT RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sprint Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 MEMORANDUM OF AGREEMENT MS03XCO40 ! Plymouth Water Tower #2 This MEMORANDUM OF AGREEMENT Is entered Into on , 2013, by City of Plymouth, a Minnesota municipal corporation, with an address at 3400 Plymouth Boulevard, Plymouth MN 55447 (hereinafter referred to as "Owner" or "Landlord") and Sprint Spectrum L.P., a Delaware limited partnership, with an office at 6391 Sprint Parkway, Overland Park, KS 66251 (hereinafter referred to as "Sprint" or "Tenant"). 1. Landlord and Sprint entered into a Site Lease Agreement ("Agreement") dated as Of , 2013, effective upon full execution of the parties ("Effective Date") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Sprint's tenancy under the Agreement is for five (5) years commencing on February 1, 2013 ("Commencement Date"), and terminating on the fifth anniversary of the Term Commencement Date with two (2) successive five (5) year options to renew. 3. The Property that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Property being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD; City of Plymouth, a Minnesota municipal corporation TENANT: Sprint Spectrum LP, a Delaware limited partnership. By: EXHIBIT ONLY — DO NOT EXECUTE By: EXHIBIT ONLY — DO NOT EXECUTE Name: Name: Title: Title: Date: Date: Attach Exhibit A: Legal Description of the Property 160801v01 24 RNK:11/412011 Page 35 STATE OF yq 'K COUNTY OF =Wµ=W W On , before me, , Notary Public, personalty appeared City of Plymouth, a Minnesota municipal corporation personally known to me or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL) Notary Public My commission expires: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared Sprint Spectrum Realty Company, a Delaware limited partnership personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL) Notary Public My commission expires: 160801v01 25 RNK:11/4/2011 Page 36 EXHIBIT "A" TO MEMORANDUM OF AGREEMENT DESCRIPTION OF PROPERTY PROPERTY LEGAL DEQ CRIP RON tot 1, 810ek T Oty Of P yrnocrth Flat No T, Henntpnr CGUAIj; JWlMFFl80tV, 16080lvOl 26 RNK:11/412011 Page 37 RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sprint Nextel Property Services Mailstop: KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 MEMORANDUM OF AGREEMENT MS03XC5361 Plymouth Water Tower #4 This MEMORANDUM OF AGREEMENT is entered into on , 2013, by City of Plymouth, a Minnesota municipal corporation, with an address at 3400 Plymouth Boulevard, Plymouth MN 55447 (hereinafter referred to as "Owner" or "Landlord") and Sprint Spectrum LP, a Delaware limited partnership, with an office at 6391 Sprint Parkway, Overland Park, KS 66251 hereinafter referred to as "Sprint" or "Tenant"). 1. Landlord and Sprint entered into a Site Lease Agreement ("Agreement") dated as of , 2013, effective upon full execution of the parties ("Effective Date") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Sprint's tenancy under the Agreement is for five (5) years commencing on February 1, 2013 ("Commencement Date"), and terminating on the fifth anniversary of the Term Commencement Date with two (2) successive five (5) year options to renew. 3. The Property that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Property being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. Page 38 MD2; ,53 In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: City of Plymouth, a Minnesota municipal corporation By: Name: Title: TENANT: Sprint Spectrum LP, a Delaware limited partnership By: Name: Title: Date: Date: Attach Exhibit A: Legal Description of the Property Mp,=Ager Raaf Este* Page 39 STATE OF COUNTY OF r w' On , before me, , Notary Public, personally appeared City of Plymouth, a Minnesota municipal corporation personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL) Notary Public My commission expires: STATE OF 6"15PO 5 COUNTY OF a B r On -'2--12'1'2.) , before me, 0%, 1.0 , , Notary Public, personally appeared Sprint Spectrum LP, a Delaware limited partnership personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Aursot Ffii Notary Public, State of KansasS „ MYAppZisExpires No ary Public My commission expires: 01 -2S' ?V0I Page 40 EXHIBIT "A" TO MEMORANDUM OF AGREEMENT DESCRIPTION OF PROPERTY The West 723.8 Feet of the South 397.5 feet of the Borth half of the Northenat Quorter of the Southepet Quorter of Soction 18, Township 118 North, Runge 22 West of the 5th Principal Meridian lying Southweaterly of the Southwesterly right—of—woy line of state Highway No. 55, EXCEPT the South .337.5 feet of the Weet 193.6 feet of 'Raid North half of the Northeast Quarter of the Southeast Quarter. Page 41 SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (Agreement") is entered into this day of 2013, between the CITY OF PLYMOUTH, a Minnesota municipal corporation, with offices at 3400 Plymouth Boulevard, Plymouth, Minnesota 55447-1448 Landlord"); and Sprint Spectrum, LP, a Delaware limited partnership ("Tenant"), whose address is Mailstop KSOPHT0101-Z2650, 6391 Sprint Parkway, Overland Park, Kansas 66251- 2650. SECTION ONE Property and Premises Subject to the following terms and conditions, Landlord leases to Tenant: certain space on top of the Landlord's water tower for the installation of Tenant's antennas; approximately 500 square feet of building space within Landlord's water tower; and nonexclusive rights for ingress, egress and for the placement of cables and utilities (such areas shall be referred to as the Premises") at Landlord's property located at 17751 40th Ave. North, Plymouth, Minnesota 55446 (the "Property") in the City of Plymouth. The Property is described on Exhibit "A" and the Premises (including nonexclusive rights for ingress, egress and the placement of cable and utility access areas) are depicted on attached Exhibit "B." The primary purposes of the Landlord's ownership of the Property are to: (a) operate and maintain a municipal water storage tower so as to provide water service to residents of the City of Plymouth; and (b) to provide communication systems to the City ofPlymouth. 160801v01 1 RNK:11/4/2011 Page 42 W>Z) 3)(C' 93 SECTION TWO Use and Description of EAuipment A. The Premises shall be used by Tenant solely for the purpose of installing, maintaining and operating radio communications facilities, including, without limitation, utility lines, transmission lines, electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Tenant Facilities") provided such use is not inconsistent with the Landlord's use of the Property. The Tenant Facilities to be utilized in connection with such use is described on Exhibit "C" attached hereto. The design and color of the antennae, waveguide and other external equipment shall be subject to the Landlord's approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant may make routine repairs, modifications, replacements, upgrades and alterations to the Tenant Facilities as Tenant deems appropriate. Tenant shall obtain Landlord's prior written approval (which shall not be unreasonably withheld, conditioned or delayed) before making any visible material upgrades, modifications, alterations or additions to the antenna, waveguide or other external equipment, excepting like kind or similar replacement. Upon at least forty five (45) days notice from Landlord, Tenant, at its sole cost and expense, shall make any necessary arrangements to assist the Landlord and its contractors by protecting Tenant's equipment during any scheduled maintenance and painting procedure on or in the leased area. Tenant agrees to clean and paint their antennas in order to match the exterior color of the water tower. Should Landlord and Tenant agree that the scheduled maintenance or painting of the water tower will prevent Tenant from temporarily using the water tower as Tenant's communications facility, Tenant, at its sole cost and expense, shall have the right to install and operate a temporary antenna facility including a Cell -on -Wheels) on a mutually acceptable location on the Property. Tenant shall 160801v01 2 RNK:11/4/2011 Page 43 mark all their permanent coaxial cable in the water tower with a tag legibly stating their company's name along with a service phone number before and after it penetrates any real surface. B. Pursuant to Tenant's regulatory communication licenses and subject to the terms of this Agreement, Tenant may have use of the Premises for the transmission and reception of radio communication signals in the frequencies permitted by the Federal Communication Commission for communications broadcasting; for the construction, operation and maintenance of related facilities, equipment, antennae, including the right to periodically change antenna types, mounting locations and azimuths; and for related activities. The use of the Premises by Tenant under this Agreement shall at all times be in accordance with the Technical Minimum Site Standards as described on Exhibit "D." Subject to the terms herein, Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Premises (the "Governmental Approvals"). In addition, as long as the foregoing activities do not interfere with the Landlord's or a pre-existing tenant's use of the Property and provided seven (7) days advance written notice is sent to Landlord (such notice to include a description of the type of work to be performed), Landlord agrees to allow Tenant to perform, at Tenant's own expense, surveys, soil testing and other engineering procedures on, under, and over the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design and Governmental Approvals. C. Tenant shall be allowed reasonable access to the Premises twenty-four (24) hours a day, 365 days a year for the use of the Premises in compliance with this Agreement. PNK:11/412011 Page 44 SECTION THREE Term The term of this Agreement shall be five (5) years ("Initial Term"), commencing on February 1, 2013, (the "Commencement Date"). Tenant shall have the right to extend this Agreement beyond the Initial Term for two (2) additional five (5) year terms ("Renewal Term" or "Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein except for the amount of rent, which shall be determined in accordance with Article Four below. This Agreement shall automatically renew and extend for two consecutive five (5) year Renewal Term unless Tenant notifies the Landlord in writing of its intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. In such case, this Agreement shall be terminated effective on the date of the expiration of the Initial Term or the current Renewal Tenn, as the case may be. SECTION FOUR Rent The annual rent is Twenty Four Thousand and 001100 ($24,000.00). Within fifteen (15) days of the Commencement Date Tenant shall pay the annual rent for the first year of the Initial Term. Commencing with the second year of the Initial Term rent shall be paid monthly in advance. The annual rent shall increase by three and a half percent (3.5%) on each anniversary of the Commencement Date. Rent when due shall be subject to a five percent (5%) late fee and shall allow Landlord the option to terminate this Agreement upon thirty (30) days written notice from Landlord to Tenant. Rent for any fractional month at the beginning or at the end of the Initial Term or a Renewal Term shall be prorated. 16080lvoi 4 RNK:11/4/2011 Page 45 SECTION FIVE Interference Tenant's installation, operation, and maintenance of its Tenant Facilities shall not damage or interfere with Landlord's water tower operations and shall not interfere with Landlord's municipal communication system located on the Property or other tenants located on the Premises. Landlord agrees to give reasonable advance notice of any repair or maintenance activities related to water tower operations to the Tenant and to reasonably cooperate with Tenant to carry out such activities with a minimum amount of interference to Tenant's transmission operations. Landlord shall not permit its lessees, invitees or agents to use any portion of the Property in any way which materially interferes with the operations of Tenant. Such interference shall be deemed a material breach by Landlord, and Landlord shall have the responsibility to correct said interference. Tenant understands and agrees that Tenant's use of the Property is non-exclusive and Landlord shall maintain the right to contract with other communication systems users to operate communication equipment on the Property. Such use by other users shall not cause material physical or frequency interference to Tenant's operation or equipment at the Premises. It shall be the obligation of Tenant not to cause interference to other tenants occupying the other portions of the Property prior to the execution date of this Agreement (chronological priority for frequency protection rights) provided that the installations of other tenant's equipment and facilities predate the original installation of the Tenant Facilities. In the event the Landlord, Tenant or any other tenant of Landlord experiences frequency interference, Landlord shall notify each tenant of such interference (including Tenant), and will work with all tenants to 160801vol 5 RNK:11/4/22011 Page 46 resolve the interference. All parties involved in the frequency interference shall, at their own expense, engage the services of a communications engineering firm to conduct frequency interference analyses. If the suspected interference cannot be resolved by the parties involved in such interference after consultation with their respective engineers, then the respective engineers shall select an engineering firm to act as a final mediator to resolve the frequency interference. The parties shall comply with the mediator's findings. Priority shall be given to the tenant with the longest tenure at the Property. For the purposes of this Section 5 and determining interference priority rights, January 8, 1997, is the date Tenant's tenure commenced at the Property and is the date Tenant originally installed its Tenant Facilities at the Premises. SECTION SIX Improvement; Utilities; Access A. Tenant shall have the right, at Tenant's expense, to erect and maintain on the Premises the equipment listed on Exhibit "C." Tenant shall not erect and maintain any additional items or equipment on the Premises, except for like kind or similar replacement, without the prior written consent of the Landlord. B. Tenant shall have the right at their expense and Landlord's approval to install utilities on the Premises in order to operate the facilities described in this Agreement. Tenant shall at its own expense arrange for separate metering of utility services that must be read from outside the surrounding fence. Tenant shall at its own expense arrange for the relocation of any utilities. Tenant shall pay for all utility services it consumes in its operations. C. Background checks shall be completed on all individuals who request access to any of the water system facilities, reservoir, wells or other public works facility located within the Property ("Facilities" or "Facility"). Background checks performed by the Tenant requesting 16080lvo1 6 RNK:11l4/2011 Page 47 access for its employees cannot be used in substitution of Landlord's background check. Landlord reserves the right to refuse access to any Facility located within or about the Property based on the results of the background check. Landlord will update the background checks annually. The following guidelines represent the procedures, duties and responsibilities of Landlord and Tenant with respect to access to the Property or Premises: i. Background Checks. Individuals, groups, and companies requesting access to the Premises on behalf of Tenant shall submit the name of the Tenant and other pertinent information regarding the access request to Landlord's Public Works Department as set forth below. Information must be received sufficiently in advance of the visit to the Premises to allow for the completion of a background check. The Landlord's Public Works Department will provide the information to the Plymouth Police Department who will complete the background check. The Police Department will return the results of the background check to the Public Works Department for review and disposition. Information provided to the Landlord concerning background checks will be maintained on file for one year. ii. Procedures. Tenant shall be allowed access to the Premises twenty-four 24) hours a day, seven (7) days a week subject to the following procedures. All individuals must present appropriate state, federal, or company issued photo identification before access is granted to the Premises. All individuals, regardless of the status of the background check, will be escorted by Landlord personnel when working (actual 16090]vol 7 i NKA 1/4/2011 Page 48 installation of equipment, not for routine maintenance) within the Facilities. Individuals with approved background checks will be allowed to work within the Premises unescorted, subject to escort requirements for work within Facility areas. Individuals without approved background checks will be escorted while they are working in or around the Premises. Tenant shall contact the Landlord's Public Works Maintenance Division at 763-509-5950 from 7:30 a.m. - 4:00 p.m. central time Monday through Friday or the Landlord's Police Department at 763-509-5160 at all other times to obtain access to the Premises. Such access will be provided within twenty-four (24) hours of request. In the event of emergency City agrees to provide emergency access within one (1) hour of Tenant's request. iii. Tenant Charges for Access. In the event the Landlord's Public Works Maintenance Division is required to escort an individual to the Premises, the Tenant will be billed by Landlord for reasonable costs and expenses incurred by the Landlord in dispatching employees to the Premises. In the event the Landlord's personnel is called out after regular City business hours as set forth above or on City holidays, to provide access to the Premises, reasonable charges, for the callout will be billed to the Tenant. Tenant will pay such charges, not to exceed $85.00 per hr, within thirty 30) days of receipt of an invoice together with reasonable supporting documentation evidencing such charges, costs and expenses. RNK:I 114f201 1 Page 49 SECTION SEVEN Termination A. This Agreement may be terminated upon thirty (30) days written notice from Landlord to Tenant in the event rent is not timely paid within ten (10) days following Tenant's receipt of written notice of such failure to pay during the Initial Term or any Renewal Term, as applicable. B. Except as otherwise provided herein, this Agreement may be terminated, without any penalty or further liability, following sixty (60) days written notice as follows: (1) by either party upon a material default of any covenant or term hereof (except for the payment of rent) by the other party, which default is not cured within sixty (60) days of receipt of written notice of default unless such default may not reasonably be cured within a sixty (60) day period, in which case, this Agreement may not be terminated if the defaulting party commences action to cure the default with such sixty (60) day period and proceeds with due diligence to fully cure the default and thereafter cures the default (without, however, limiting any other rights available to the parties at law, in equity, or pursuant to any other provisions hereof); (2) by Tenant if it is unable to obtain or maintain any license, permit, or other governmental agency approval necessary to the construction and/or operation of the Tenant Facilities or Tenant's business; or (3) by Tenant if the Premises are or become unacceptable under the Tenant's design or engineering specifications for the communication system network to which the Tenant Facilities belong, including but not limited to signal interference. C. Landlord, following one hundred eighty (180) days written notice, if the Landlord in its sole but reasonable discretion decides to discontinue use of the property for a water tower. 160801x01 9 RNK:11/4/2011 Page 50 D. If this Agreement is terminated, rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of rent, all prepaid rents shall be refunded to Tenant within ninety (90) days of said termination. E. Within sixty (60) days following termination, Tenant shall promptly remove the Tenant Facilities at Tenant's cost and expense. SECTION EIGHT Taxes Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Tenant Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. Notwithstanding the foregoing, Tenant shall pay any increase in real property taxes levied against the Premises for the period from the Commencement Date through to termination of this Agreement that is directly attributable to Tenant's use of the Premises. Landlord agrees to furnish proof of such increase to Tenant. SECTION NINE Insurance A. Tenant shall maintain commercial general liability insurance insuring Tenant against liability for personal injury, death or damage to personal property arising out of use of the Premises by Tenant with combined single limits of not less than Two Million and No/100 Dollars ($2,000,000.00), and Landlord will be named as an additional insured under such policy. Tenant shall also maintain fire and extended coverage insurance insuring Tenant's personal property for its full insurable value (subject to reasonable deductibles). Each policy shall contain a provision notifying Landlord of intent to cancel thirty (30) days, or ten (10) days if cancelled for non-payment of premium, prior to such cancellation. Tenant shall provide Landlord with a 160801x01 10 RNK:11/4/2011 Page 51 Certificate of Insurance evidencing such coverage in a form reasonably acceptable to the Landlord. B. Tenant and its contractors shall provide Landlord with proof of workers' compensation insurance covering all of Tenant's and its contractors' respective employees who access the Premises in accordance with state law. SECTION TEN Destruction of Premises If the Premises are destroyed or damaged so as to reasonably hinder the Tenant's effective use of the Premises, either Landlord or Tenant may elect to terminate this Agreement effective as of the date of the damage or destruction by notifying the other party not more than forty-five (45) days following the date of damage. In such event, all rights and obligations of the parties under this Agreement shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any rent prepaid by Tenant. Notwithstanding anything to the contrary herein, this Section 10 shall not require Landlord to rebuild or repair the Premises upon damage or destruction. SECTION ELEVEN Condemnation If a condemning authority takes all of the Property, or a portion sufficient, in the Tenant's determination, to render the Premises unsuitable for the use which Tenant was then making of the Premises, this Agreement shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interest in the Premises. Sale of all or part of the Premises to a 160801v01 11 RNK:11/4/2011 Page 52 purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. SECTION TWELVE Notices All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested or by nationally recognized overnight courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for their purposes by providing written notice to the other party. If to Landlord: City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447-1448 Telephone: 763-509-5950 if to Tenant: Sprint/Nextel Property Services Mailstop KSOPHT0101-Z2650 6391 Sprint Parkway Overland Park, Kansas 66251-2650 RE: MS03XC536 With a mandatory copy to: Sprint/Nextel Law Department Mailstop KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn.: Real Estate Attorney RE: MS03XC536 SECTION THIRTEEN Title and Quiet Enjoyment A. Landlord warrants that: (i) it has full right, power, and authority to execute this Agreement; (ii) it has good and unencumbered title to the Property free and clear of any liens or 160801v01 12 RNK:11/4/2011 Page 53 mortgages; (iii) the Premises constitute a legal lot that may be leased without the need for any subdivision or platting approval; and (iv) the Premises are in compliance with all building, life/safety, and other laws of any governmental or quasi governmental authority. Tenant, upon paying the rent, shall peaceably and quietly have, hold and enjoy the Premises. Landlord shall not cause or permit any use of the Property or the Premises that interferes with or impairs the quality of the communication services being rendered by Tenant from the Premises. Notwithstanding the foregoing, Tenant acknowledges that Landlord will need to perform maintenance activities on the Property including painting and repairs of the water tower. Tenant agrees to cooperate with Landlord in order to allow such work to be completed in a timely and efficient manner as well as ensure continuous operation of the Tenant Facilities. If it is necessary for the Tenant Facilities to be temporarily relocated during maintenance of the water tower, Landlord agrees to allow Tenant, at Tenant expense, to relocate portions of the Tenant Facilities, primarily antennas and coaxial lines, to another location on the water tower or to bring a temporary tower facility such as a cell -on -wheels ("COW") on the Property for the duration of the repairs. B. Notwithstanding any other provision in this Agreement to the contrary, Tenant acknowledges that Landlord makes no warranties, express or implied with respect to Tenant's ability to expand its operations on the Premises beyond what is depicted on the exhibits attached hereto. SECTION FOURTEEN Hazardous Substances Tenant shall hold Landlord harmless from and indemnify Landlord against any damage, loss, expense, response costs, or liability, including consultant fees and attorney's fees resulting 160801v01 13 RNK:11/4/2011 Page 54 from the presence of hazardous substances on, under or around the Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around the Property if the hazardous substances were generated, stored, disposed of, or transported by Tenant or its employees agents or contractors. Landlord represents and warrants that to the best of Landlord's knowledge, no hazardous materials exist on the Leased Premises. Neither party shall be liable for any claims, losses or liabilities caused or permitted by the other party. SECTION FIFTEEN Indemnify Tenant shall indemnify Landlord and hold Landlord harmless from, any and all costs including reasonable attorney's fees and expenses) and claims, actions, damages, obligation, liabilities and liens which arise out of (a) the breach of this Agreement by Tenant; and (b) the use and/or occupancy of the Property, or the Premises, by Tenant. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any negligent or intentional misconduct of Landlord, its employees, agents or contractors, and shall survive the termination of this Agreement. SECTION SIXTEEN Assignment Tenant may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Landlord; provided, however, that Tenant may, without City's consent, assign its interest, or sublet the Premises or any portion thereof, to its parent company, any subsidiary or affiliate of it or its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 1S 160801v01 14 RNK:11/4/2011 Page 5 5 below. Landlord may assign this Agreement upon written notice to Tenant, subject to the assignee assuming all of Landlord's obligations herein. Notwithstanding anything to the contrary contained in this Agreement, Tenant may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. SECTION SEVENTEEN Binding Effect: Successors and Assigns This Agreement shall run with the Property. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors, and assigns. SECTION EIGHTEEN Waiver of Landlord's Lien Landlord waives any lien rights it may have concerning the Tenant Facilities which are deemed Tenant's personal property and not fixtures, and Tenant has the right to remove the same at any time without Landlord's consent. SECTION NINETEEN Miscellaneous A. The prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 160801v01 15 RNK: 11/412011 Page 56 B. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Agreement must be in writing and executed by both parties. C. If either party is represented by a real estate broker in this transactions, that party shall be full responsible for any fee due such broker, and shall hold the other party harmless from an claims for commission by such broker. D. This Agreement shall be construed in accordance with the laws of the State of Minnesota. E. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of the Agreement, which shall continue in full force and effect. F. Tenant may obtain title insurance on its leasehold interest in the Property. G. Landlord agrees to execute and deliver to Tenant a Memorandum ofAgreement in the form annexed hereto as Exhibit E and acknowledges that such Memorandum of Agreement will be recorded by Tenant in the official records of the County where the Property is located. H. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay, condition or withhold its approval or consent. 160801v01 16 RNK:1114/2011 Page 57 IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written. CITY OF PLYMOUTH, a Minnesota municipal corporation Lo Mayor City Clerk TENANT: Sprint Spectrum, L.P., a Delaware limited partnership By: Its: /k / . r Exhibit "A": Description of the "Property" Exhibit "B": Description of the "Premises" Exhibit "C": Description of "Tenant Facilities" Exhibit "D": Technical Minimum Site Standards Exhibit "E": Memorandum of Agreement 160801v01 17 RNK:11/4/2011 Page 58 STATE OF MINNESOTA } 5S. COUNTY OF HENNEPIN } The foregoing instrument was acknowledged before me this day of , 2013, by and by , respectively, the Mayor and City Clerk of the CITY OF PLYMOUTH, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF K ) ss. COUNTY OF K*Uon—' ) The foregoing instrument was acknowledged before me this 12 day of 2013, by 0& Q c,IA , theajAkW P.cccL f. f ' y,,,1 pfru,., &P , on its behalf. ALLISON GIFFIN Notary Public IF Notary Public, State of KansasA-L My Appointment ExpiresMEMO9615' lb13—.a THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association 317 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 Telephone: (651) 452.5000 RNK 160801v01 18 RNK:11/4/2011 Page 59 EXHIBIT "A" to SITE LEASE AGREEMENT DESCRIPTION OF PROPERTY The West 723.6 feet of tho South 397.5 Feet of the North half of the northeast Quorter of the Southeast Quarter of Section 18, Township 9 i 8 i forth, Range 22 Wvst of the 5th Principal meridian lying Southwesterly of the Southwesterly right---of—way line of State Highway No. 55, D(CEPT the South 337.5 feet of the West 193.6 Feet of said North hall of the Northeast Quarter of the Southeast Quarter. 160801vol 19 RW: 1/4/2011 Page 60 EXIIIBIT "B" to SITE LEASE AGREEMENT DESCRIPTION OF PREMISES Alt that {art of the stout 723,6 feet at the mouth 397.5 fleet of the Nott half of the tarthedst Quarter of the Southeast Quarter tf Section 1% Toswn®itlp 118 North, flange 22 West of the Stb Pflraclpdi Moddlon iytrrp Southwest" of the Sauti wogarty dobt-of-way litre of Mate Highway No, 55, EXCEPT the South 337.5 set of the West 193.6 feat of said t,%r h half of the ftor$egst Quo ter of the Sauthooet Quarter, divaanlad as. follawm Cammoneing at the Southeast corner of the faf Wng deaeribed pfepbrlty thence South BO 4O" 10 flnutea 22 eeconde Wont aagumed bung almi; the south liras of the following deger;hed propwty a distance of 277.31 fust; thence North 16 degrees 55 rninu6es 44 4300ar+da deet a diataraoa of t19.47 fOot to the point of beginning; thence North 63 degrees 08 ti rmutea 40 aeraeads Wont v Buts ih of 25:00 fest., thence l+frrrtlt 36 dagroea 51 rnmutes 20 aeaconds East a dfstone of 20,00 fest; thence South 53 degrees OS rninutes 40 wearies East v distance .of '275.00 feet thence South 36 degrea®. 51 MIrrutan 21} se nds Wed a distance of 20,00 feet to the frpint of beginning, over the following doacrtib ai propwhr: A 20:00 foot wide A=ssn and Utility Easement over, acraea and Binder the following dlawcrlbed proflf; the ]Fleet 723.6 feet of the South 397.5 feet of the Nor& half of the Northeast Quarter af the Southeast Cluartar of Section 16; Township '116 Nartlh. Range 22 West of tine ath Prinspol Mufidlan lying Saasthwesterly of the Southwesterly right—af. s—wgy line: of State 14ghwuy Ro. W ENCEPT the South MS feet of tit# West 1636 feet of sold North half of the Roftheast 'Dvarter 61 the Southeast Owart'er. The cehtarlino of the 20;00 fadt vA4@ Access Eomement is destribed as followre ldeglnrni#tg at a point o tits wast line of the abave dmflbod psaperW dLddnt SOM feat Sou% of the Northwast coater thereof, thence North 89 degrees 15 minutes 22 ascvrrds mt assumed bazing and parallel wdh the north litre of the eb&A ifiesar[bed property a 42stanra of 210,E feet. thence Sauthigastorly along a tArigentldi starve Cericave W Om Uuthwr}st having a radius of 11500 feet. a central angle of 4 degrees CQ minutes 00secondswdanarzlengthofB&31 fest;_ thence South 46 degrecis 41 ra7irraties 30 eaconds East targent to told curve a distance of 100-0$ fest. thence Southeast" 'along a tongantiat curve copwave to the Sattthwieat feasting a roalus of 100.00 feet, a cantral tangle of 45 degrees 00 minute9 00 seconds and an are length of 78.54 feet; thence South 01 degreea 41 minuted 35 seconds East a dlaatanore of 4M3 feat; thence wrath 5-3 ddgreem 48 minutes 40 vtH=ds East a distance of Wta feet and there tercrrinaiing. 160801vOl 20 RNK:111412011 Page 61 EXHIBIT "C" to SITE LEASE AGREEMENT DESCRIPTION OF TENANT FACILITIES See attached 5 page drawings 160801vol 21 RNK:z 1/4/20] z Page 62 Fe. i rSN9pi-LECQ{ .a- P .,wrar S. z ..F a-... Tom". P..,ve• CEibPOF-YNNl.I15110.Ca11] sirs wa usWa6sept PZYMOUTH. JF.4=- j'OITER., f4 c0{JN9?.`haw lOf, PLYAWIMN,, HN: vwnumwctas ear sw. if w w r . - cwG .sr.m. b.L_LYL Y.1 G.L.Yk •. SS6 mD YµU uJ/nw1 d ipeP'.` 9y» Rw,ris i.uw.•imi.... www.. M..:. Page 63 NOTE: PRE-C0115tRULTK;N WliK 4S gEgllIREO M'ITH SEH AKO UNULORO P41OR TO START OF CONSTRULTOH. 401h AYEHUE N. I \ 1 OVERALE SITC PUN fvsrm K•.w w 1 / I 4 Y I f I rm. uar snm I1 Sprint BLACK 8 VEATCH er 19 w m N503XLSb6 PLYHRUTH WATER TOWED J4 mM LOUHEY ROAD 101n. PLYUOOTH. NH 55446 OVERALL SITE PUN A-1 Page 64 Page 65 T rm oFs_e„' e I 1 amu rll NOTESmxs mcrw,rm jE - I Y.Y 0.SARV COHT ,TOR STIFLE NERIFE THE PL tENEM GF TIE PROPOSED EOVIPMFM CABINETS SUCH THAT AT LEAST 2 CORNLAS BE THE CAQINETS ARE GOLTEO TO SJNVCIUR& MEMBERS OF THE LxnrmG EQuipWNT PLATFORM. IF GRAANG IS NOT FASTENED TO SUPPORTING STBUCIURAL BEAUS. NEED GRATWG TO GEAMS Ai 5 PEEP ON CENTER WITH 3/56 INCH F1LlEf 3/ 4T; LUNG. Stint FE EXISTING EOVTPMENT LAYOUT iPeurrtm wrtPmn a . . . . • • • c.anr ''I varvv SII J mjrvRltlt nnrrl ari upN30Te M503XC53fi PLYNOUTii WATER TDWER N 0000 UNT? ROAD5101IPLOuTH, AOM 101 N. NTERIN EOWPMENi LAYOUT sec ; e -=.d B FINAL EDUIPMF.NT LAYOUT =••P. re umm C EQUIPMENT LAYQUTS P'A ttiY#I-F KttS PpuF4 P.TO [CNd. ;; sacl .w®t A-2 GRAPHECS LEGEND ACRONYM LEGEND Page 65 Page 66 NO7E5 m,pkr¢a a.. ecrvuta4mvsr swwxneaum rxtrcveaw srwrnrz r:.i y,m/mi-vrtms u psis nm srAa >u r+Wp/I ryh- wtm tca T w.l:tiR roR u m Pte. AWS m»I W n VI[laab. lle 1VInl P_41P.1nIX5 m Rvli aVx VA:E]l anA>fM. !Rm' wrt[x BLACK&VEATCH ms: A'?'•,,x tatwcrae swt vu111 rurnrnn ,mb kuslw r xxl mow mlava inec m.+. mrtan t M., aver Ircty }1 rmr Nxxtdls W-_ tare ,tin r -i I- 1 n u CA5x9 B,: dra¢n CORY AGHTING DETAIL '9 -' $ s I DpFNFIRATI- ON (ILREQOIREDI tinsoc c ec m .ra R :5 rwa., aar2 i i nmvue wx is Aa,taanuwsa CY mt eac ro w 3.?.4 x SNGWUM pibvseprs+na , yyQ Ry I,.n ,watw O 1 ir rc vz r tl e CS' I t N503XC536 PLTN00TH WATER TOWER }4 PLYAI6NjH, NN 55416 PAINTI'!G N PANE ALL MN1IfFiNAS i0 W}IGH EXISTING COLCR. PIPE/SUpPCRTS SPAT IT GLVMIZED TO INCLHOE GALVA.NI2EO OR NON -CORRODING NAftOWARE. INSTALL RuBPER GPS rca,niE,umr.to 3 1°4'x' 1 N` PPA` SSY" I 11 IOW. EL£YATION k COAX DETAILS am E`iI OF PIPE. AA-3 SITE EIEYATgN ^a .."` A 800 1900 M.N. ANTENNA to fuu CNOONTINGOAXROUTINGDETAIL TAHK PENETRATION DETAIL IF REQUIRED) E E Page 66 NGRE; _ J L ]x WNw`E E'er ' PRGPoSEG OLRGWAVE GlSH SCNCDCCCPREFARfDCeMf_GGGNM£ YIFi THE IMS 9E£11 teK PRGMRED ro SEL10RII MBER NUMBER YILRGITAYE UGC[£ LGNZ) OWJOtiY Gouu Otxt LFXffEp uvFTER y LEiIDRI PIF o M R. tnNtlt/{IPi BWiL GCYFUW AIL - vAtx STD FRE RESIGN INCTAWI.RDNNFm -mv. RTFs Pa o [IBLACK 8 VEATCHsPN, klE; P+ 10 S,ARF R H41ES AvtLrota ki Law Mum JRmP on[n.Y r kO EzteuRiaxissitsr}arws:arn%n !IP[1N REMOVAL OF EXISTING SPRINT ANTENNAS 11E COIJTRACTOR SNALL R REMOVE ALL alsTRRG UNUSED CRG4LT e4 tx mt rA.is rr, P`ea'i ..Pax i.:a mF J"muw uuw ,e nw sc ems, E9u PI .WTENNA MOUNTS AND ASS WnTER P. rm`:iSYwnu- tuN.wu raou svMv ff w.Yao t TONER SUAND E Ifi OUIGRJAi w[artG a: eF"1eE coal 4' AND SEAL LP - aC uxaC eR seat UNUSED PORTS/PEN Tl Tums. ANTENNAINICRDWAVE UMEDULE5 vavt unmvs .c taCrnDe trQUsor eentsa tra JNwr. T*n Nm s tm/tem Iw sp¢. ReC eM"aex ID vtsaa tErkC CW1D ut ew/, over Aru<tiD im. / awry xa/rww c.':sm / N503%G536¢ m riL ey Ir 1MGx \ y. x w PLYNWSN WATFA TONER }{ m ( it#R twl.. n y Iu. ugw itu„mn Wo WUXTY ROAD 161 N. e t t PLYMOUTH, NN 95446 atm. A sFcrP a J wtx d s2tar F. ANTENNASSCHEOIJlES & h LAYOUTS 5 E%ISRNG ANTENNA LAYOUT A INTERIM ANTENNA LMUI wzvec B FINAI ANTENNA LAYOUT nam C Page 67 NDPPSDNEN fell N'RECTGR ANIE'.IRA ANTENNA MYANGFA—E Apl xa Moon mR—.mM HYNPoD CAHUR Ayy RAE AM[NNA EE—NCIHYl)1 CCMfR CAIN D-Rfl EFf TAT G-UTMANRAMMDC[t RRII FILTER NTRPoD WA JUMPER JUUP01 PEI REI CABLE RET Gu. 52E likefx UNDIN MFACNPER YDD£L NVYRER IB 1,eao tRP ICJaeiSv[ fst>-1`.rnW-Me l ',PR) Ns tall tR3/tde e/u G d/k cu A eRx-w pJex •co fa1FA ketx 5/3' e'f 9% rtuunm[ N[—U— Sprint u em/tvs tet.- vonnnuvL SgIFFR YcIGR) tRsne,e v. ve tRat:A. Ra< -w (+) za nu xls•!• ,' e'm e% uuac - fR:o A'tetiRAst[ t54r5CnY n tR3/tdR La R/f f (tJa6 t3M.v t/ 9% - Esst tvatum TAW' k4StL63Rltk4StL6>!t NGRE; _ J L ]x WNw`E E'er ' PRGPoSEG OLRGWAVE GlSH SCNCDCCCPREFARfDCeMf_GGGNM£ YIFi THE IMS 9E£11 teK PRGMRED ro SEL10RII MBER NUMBER YILRGITAYE UGC[£ LGNZ) OWJOtiY Gouu Otxt LFXffEp uvFTER y LEiIDRI PIF o M R. tnNtlt/{IPi BWiL GCYFUW AIL - vAtx STD FRE RESIGN INCTAWI.RDNNFm -mv. RTFs Pao [IBLACK 8 VEATCHsPN, klE; P+ 10 S,ARF R H41ES AvtLrota ki Law Mum JRmP on[n.Y r kO EzteuRiaxissitsr}arws:arn%n !IP[1N REMOVAL OF EXISTING SPRINT ANTENNAS 11E COIJTRACTOR SNALL R REMOVE ALL alsTRRG UNUSED CRG4LT e4 tx mt rA.is rr, P`ea'i ..Pax i.:a mF J"muw uuw ,e nw s c ems, E9u PI .WTENNA MOUNTS AND ASS WnTER P. rm`:iSYwnu- tuN.wu raou svMv ff w.Yao t TONER SUAND E Ifi OUIGRJAi w[artG a: eF"1eE coal 4' AND SEAL LP - aC uxaC eR seat UNUSED PORTS/PEN Tl Tums. ANTENNAINICRDWAVE UMEDULE5 vavt unmvs .c taCrnDe trQUsor eentsa tra J Nwr. T*n Nm s tm/tem Iw sp¢. R eC eM"aex ID vtsaa tErkC CW1D ut ew/, over Aru<tiD im. / awry xa/rww c.':sm / N503%G536¢ m riL ey Ir 1MGx \ y. x w PLYNWSN WATFA TONER }{ m ( it#R twl.. n y Iu. ugw itu„mn Wo WUXTY ROAD 161 N. e t t PLYMOUTH, NN 95446 atm. A sFcrP a J wtx d s2tar F. ANTENNASSCHEOIJlES & h LAYOUTS5 E%ISRNG ANTENNA LAYOUT A INTERIM ANTENNA LMUI wzvec B FINAI ANTENNA LAYOUT nam C Page 67 EXHIBIT "W' to SITE LEASE AGREEMENT TECHNICAL MINIMUM SITE STANDARDS 1. All equipment must be housed in an RF tight, metal enclosure that provides at least 60 db of attenuation to any internal RF signals. Desk -top base stations and open racks cannot be used without special approval; additional shielding kits may be required. 2. At least 60 db of isolation for 450 MHZ, 800 MHZ, 900 MHZ and 1800 — 2000 MHZ transmitters and 30 db of isolation for 150 MHZ and 40 MHZ transmitters must be provided; a harmonic filter must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolation may be required and will be considered on a case-by-case basis. 3. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter. (Higher power levels will be considered on a case-by-case basis; additional protective devices may be required.) 4. Only jacketed copper Heliax cable will be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214 or V2 inch Superflex. RG/8 or any other single shielded cable will not be allowed. Proposed transmitters that will cause second order, third order or fifth order intermodulation products on existing receiver frequencies will not be permitted on the site. A receiver with the same frequency as an existing second order, third order or fifth order intermodulation product at the site, will not be permitted on the site. 6. All transmitters shall be equipped with band-pass cavities that will provide at least the following attenuation of side band noise, ifneeded: 40 MHA band: 50 db at 1 MHZ 150 MHZ band: 50 db at 1.5 MHZ 450 MHZ band: 50 db at 2.5 MHZ 800/900 MHZ band: 50 db at 10 MHZ 1800/1900 MHz Microwave PCS: 50 db at 20 MHZ 7. Each cabinet must be identified by the owner's name, address and FCC station license; it also must have the name and telephone number of the responsible service agency. 8. Prior to approving any application for antenna space at the site, an engineering study will be conducted by the Engineer for the City of Plymouth, consisting of at least the following items: 160801v01 22 RNK:11/4/2013 Page 68 a. Intermodulation interference (IM) calculations of all transmitters and receivers known to exist in the area at time of application. (Study will include 2nd, 3rd and 5th order IM terms, and A + B — C, three -product terms.) b. Transmitter noise and receiver desensing calculations of all equipment at the site. c. Analysis ofbest equipment and antenna locations at the site. d. Analysis ofAC power requirements. e. Report to prospective site user regarding application. ldosoivol 23 RNK:11/4/22011 Page 69 EXHIBIT `GE" to SITE LEASE AGREEMENT RECORDED AT REQUEST OF, AND WHEN RECORDED RETURN TO: Sprint Nextel Property Services Mailstop: KSOPHT01 01 -Z2650 6391 Sprint Parkway Overland Park, KS 66251-2650 MEMORANDUM OF AGREEMENT MS03XC5361 Plymouth Water Tower #4 This MEMORANDUM OF AGREEMENT Is entered into on , 2013, by City of Plymouth, a Minnesota municipal corporation, with an address at 3400 Plymouth Boulevard, Plymouth MN 55447 (hereinafter referred to as "Owner" or "Landlord") and Sprint Spectrum LP, a Delaware limited partnership, with an office at 6391 Sprint Parkway, Overland Park, KS 66251 (hereinafter referred to as "Sprint" or "Tenant"). 1. Landlord and Sprint entered into a Site Lease Agreement ("Agreement") dated as of , 2013, effective upon full execution of the parties ("Effective Date") for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Agreement. 2. The term of Sprint's tenancy under the Agreement is for five (5) years commencing on February 1, 2013 ("Commencement Date"), and terminating on the fifth anniversary of the Term Commencement Date with two (2) successive five (5) year options to renew. 3. The Property that is the subject of the Agreement is described in Exhibit A annexed hereto. The portion of the Property being leased to Tenant and all necessary access and utility easements (the "Premises") are set forth in the Agreement. In witness whereof, the parties have executed this Memorandum of Agreement as of the day and year first written above. LANDLORD: City of Plymouth, a Minnesota municipal corporation TENANT: Sprint Spectrum LP, a Delaware limited partnership By: EXHIBIT ONLY — DO NOT EXECUTE By: Name: Title: Name: Title: Date: Date: Attach Exhibit A: Legal Description of the Property 160801v01 24 RNK:111412011 EXHIBIT ONLY — DO NOT EXECUTE Page 70 STATE OF ry COUNTY OF - On , before me, , Notary Public, personally appeared City of Plymouth, a Minnesota municipal corporation personally known to me or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL) Notary Public My commission expires: STATE OF COUNTY OF On , before me, , Notary Public, personally appeared Sprint Spectrum LP, a Delaware limited partnership personally known to me or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. SEAL) Notary Public My commission expires; 160801v01 25 RNK:111412011 Page 71 EXHIBIT "A" TO MEMORANDUM OF AGREEMENT DESCRIPTION OF PROPERTY The West 723.5 feet of the South 397.5 feet of the North half of the Northeast Quarter of the Southeast Quarter of Seotion 18, Township 118 North, mange 22 West of the 5th Principal Meridian lying Southwesterly of the Southwesterly right -of—way line of State Highway No. 55, EXCEPT the South 337.5 feet of the West 1916 feet of said North half of the Northeast Quarter of the Southeast Quarter. 160801v01 26 RNK:I va/2011 Page 72 CITY OF PLYMOUTH RESOLUTION No. 2013 - RESOLUTION TO APPROVE LEASE WITH SPRINT SPECTURM REALTY COMPANY LP, A DELAWARE LIMITED PARTNERSHIP, TO MOUNT COMMUNICATION EQUIPMENT ON WATER TOWERS LOCATED AT 4355 ZACHARY LANE, AND 17751 40TH AVE. N. WHEREAS, the City Council has previously adopted a policy statement regarding the use of City owned land for wireless telecommunication antennas and towers; and WHEREAS, the City received an application from Sprint Specturm Realty Company LP, a Delaware Limited Partnership, to locate antennas on the water towers located at 4355 Zachary Lane, and 17751 40th Ave. N.; and WHEREAS, a structural engineer will be required to approve plans before any work will commence safe guarding any negative impact to existing City property or other users; and WHEREAS, an agreement has been reviewed and approved by the City Attorney which would allow Sprint Specturm Realty Company LP, a Delaware Limited Partnership, to have the antennas on the water towers located at 4355 Zachary Lane, and 17751 40th Ave. N. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA that the Mayor and City Manager are authorized to enter into the agreements with Sprint Specturm Realty Company LP, a Delaware Limited Partnership, to locate personal communication antennas on the water towers located at 4355 Zachary Lane, and 17751 40th Ave. N. Approved this 26th day of February, 2013. Page 73 rp) City of Plymouth Adding QoaWy to Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 6.12Number: To: Laurie Ahrens, City Manager Prepared by: Diane Evans, Director of Parks and Recreation Reviewed by: Approve the Parks and Recreation Advisory CommissionItem: 2013 Work Plan and Goals 1. ACTION REQUESTED: Approve the Parks and Recreation Advisory Commission (PRAC) 2013 Work Plan and Goals. 2. BACKGROUND: All boards and commissions prepare an annual work program. The majority of the Parks and Recreation Advisory Commission's work is associated with review of matters relating to parks and recreation facilities, programs and services. PRAC reviewed and approved its 2013 Work Plan and Goals at its February 14, 2013 meeting. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: 2013 PRAC Work Plan and Goals Page 1 PLYMOUTH PARKS & RECREATION ADVISORY COMMISSION 12013 WORK PLAN Commission Purpose The Purpose of the Parks and Recreation Advisory Commission (PRAC) is to act in an advisory capacity to the Council on all matters relating to park and recreation programs and issues in the City. PRAC will review, hold public meeting and open houses and make recommendations to the City Council. 2013 Work Plan ON-GOING Review current and future community park and recreation needs, programs, and facilities and recommend actions which will promote the implementation of the City's park and recreation plans. FIRST QUARTER Prepare 2013 Work Plan Review Department Strategic Goals Review Annual Report Review Volunteer Program & 20th Anniversary Celebration Appoint Commission Chair & Vice Chair SECOND QUARTER Trail Gap Plan (2014-2018) Review CIP (2014-2018) Review PCC and Fieldhouse Operations and Fees Review Senior Programs THIRD QUARTER Tour Park Facilities Review Park Maintenance Operations Master Plan Process for Dunkirk Neighborhood Park Park Projects -Cheshire Parkway trail crossing; Parkers develop Fairway Greens Park Lake Park light replacement; parking lot LED transition; FOURTH QUARTER Review Plymouth Ice Center Operations Review Recreation Operations Review Park & Facility Fees Review CAPRA (Commission for Accreditation of Park and Recreation Agencies) Reports Page 2 rp) City of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 6.13Number: To: Laurie Ahrens, City Manager Prepared by: Barbara Thomson, Planning Manager Reviewed by: Steve Juetten, Community Development Director Item: Approve 2013 Planning Commission Work Program 1. ACTION REQUESTED: Move to accept the 2013 Planning Commission Work Program. 2. BACKGROUND: All boards and commissions prepare an annual work program. A majority of the Planning Commission's work is typically associated with review of planning and zoning applications. 3. BUDGET IMPACT: N/A 4. ATTACHMENTS: 2013 Planning Commission Work Program Page 1 City of Plymouth Planning Commission 2013 Work Program Long -Range Planning: Plan Implementation: Ongoing Review applications, hold public hearings and make Review, hold public hearings and make recommendations to the City Council on amendments to the recommendations to the City Council on all zoning and comprehensive plan, including requests that may be initiated subdivision applications for development and by landowners, developers, Planning Commission or City redevelopment projects. Council. First Quarter Second Quarter Third Quarter Fourth Quarter Hold public hearing and make recommendations on 2014- 2018 CIP. cd\plan\Planning Commission\Planning Commission 2013 work plan Review, hold public hearings and make recommendations to the City Council on annual "clean- up" amendments to the zoning ordinance, subdivision regulations. Page 2 p))city of Agenda 6.14PlymouthNumber: adding Quality to Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Mike Goldstein, Chief of Police February 26, 2013 Reviewed by: David Callister, Administrative Services Director Item: Authorize an expenditure from the Resource Planning/DEA Fund for police equipment 1. ACTION REQUESTED: Adopt the attached resolution authorizing an expenditure from the Resource Planning/DEA Fund for police equipment. 2. BACKGROUND: The City maintains a Resource Planning/DEA reserve fund which contains revenues received through forfeitures from Plymouth's participation in the DEA Task Force. Although we do not currently have an officer assigned to this Task Force, the City continues to periodically receive forfeiture funds as criminal cases relating to our involvement are concluded. Use of these funds is restricted to certain public safety equipment and training. The Resource Planning/DEA reserve is an unbudgeted fund used to accumulate monies for planned future expenditures; therefore, expenditures of any amount from this fund require Council approval. Each year, the police department reviews the list of needed equipment/training to determine if some of the proposed purchases are eligible for funding from the DEA reserve funds, rather than using General Fund dollars. This year, a priority for the police department is to better prepare our officers for an active shooter event, and the department is in need of specialized equipment for our officers and our fleet. This equipment includes two rifles for cars that are without, a new sighting package for existing rifles, additional ballistic helmets, additional ammunition, five mounting racks, emergency go -bags for each squad car and new first aid equipment for traumatic injuries. Monies will also be used for training exercises for both police and fire department personnel. The anticipated total cost for this equipment and training is $23,000. 3. BUDGET IMPACT: There is no impact on the 2013 budget. The equipment and training was identified as eligible for funding from the DEA reserve, which is an unbudgeted fund, rather than using General Fund monies. The Resource Planning/DEA Reserve fund currently has a balance of $75,667, prior to the proposed purchases. The total cost for the equipment and training is estimated at $23,000. 4. ATTACHMENTS: Resolution Page 1 CITY OF PLYMOUTH RESOLUTION No. 2013 - RESOLUTION AUTHORIZING AN EXPENDITURE FROM THE RESOURCE PLANNING/DEA FUND FOR POLICE EQUIPMENT WHEREAS, additional public safety equipment and training is needed to enhance our capabilities to response to emergency events; and WHEREAS, the city has funds available in the Resource Planning Fund/DEA reserve eligible for this purchase. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA to approve the purchase ofpublic safety equipment from the Resource Planning Fund, DEA reserve in an amount not to exceed $23,000. Approved this 26th day of February, 2013. Page 2 City of Plymouth Iridin, Qphty da Life REGULAR COUNCIL MEETING February 26, 2013 Agenda 7.01Number: To: Laurie Ahrens, City Manager Prepared by: Daniel e. Plekkenpol, Deputy Chief of Police Reviewed by: Michael S. Goldstein, Chief of Police Item: Appeal on Denial of Massage Therapy Certificate for Samantha Barth 1. ACTION REQUESTED: The City Council to hold a hearing as requested by Samantha Barth, pertaining to the administrative denial of a massage therapy license. 2. BACKGROUND: On an annual basis, the City conducts background checks for application requesting licensure of massage therapists. Due to the information learned in this background investigation the application was denied by staff. As a result of the denial, the applicant has requested a public hearing before the City Council at the February 26, 2013 council meeting. The applicant, Ms. Samantha Barth, is seeking employment with Massage Retreat and Spa at 4445 Nathan Lane Suite B in the City of Plymouth. Per City Ordinance 1135, there are two licenses, one for the business and one for massage therapists at that location. On January 15, 2012, the applicant had applied for a license to practice massage as a therapist at the above location and had paid the appropriate fees. In the investigation it was learned that the applicant had selected the answer of "no" for the question Have you ever been convicted of any felony, crime, or violation of any ordinance other than traffic offenses?" "If yes, give date, place and offense." The applicant's criminal history background documents that she was arrested by the City of White Bear Lake ofRamsey County Minnesota on August 7, 2004 for felony Criminal Damage to Property. She entered a guilty plea for a gross misdemeanor and was convicted. The sentence was to serve 4 days in jail with credit for 4 days already served, 2 years of probation, abstinence from use of alcohol and drugs 25 hours of community service plus a $50.00 fine. The investigation uncovered that the applicant had violated her parole for failing to show up for a drug test. She was sentenced for the parole violation on September 12, 2005. The applicant was booked into Ramsey County Correctional on May 30, 2006 and was released on June 13, 2006 with 15 days served. The applicant had been untruthful in her completion of the City application for a massage therapist license. Page 1 As stated in City Ordinance 1135.17 subd. 2, an appeal will be handled by the City Council in the following manner: The certificate holder may appeal a denial, suspension or non -renewal to the City Council. The City Council shall consider the appeal at the next regularly or specially scheduled City Council meeting 10 days after the service ofthe notice ofappeal upon the City Clerk by the Certificate holder. Hearing on the appeal shall be open to the public and the Certificate holder shall have the right to appear and be represented by legal counsel and to offer evidence in behalfofcertification. At the conclusion ofthe hearing, or soon thereafter as practicable, the City Council may order: a) That the denial, revocation, suspension or non -renewal by the City Manager be affirmed. b) That the denial, revocation, suspension or non -renewal by the City Manager be lifted and that the Certificate be issued or returned to the Certificate holder. c) The City Council may base its order regarding the Certificate upon any additional terms, conditions and stipulations which it may, in its discretion, impose. The license holder was mailed a letter notifying them of this hearing before the council. 3. BUDGET IMPACT: There would be no significant impact on the budget from this action 4. ATTACHMENTS: Letter of Denial Resolution Page 2 r0 City of9) Plymouth INNEWWONE Adding Quality to Life January 31, 2013 Samantha Barth 4962 Division Ave White Bear Lake MN 55110 RE: APPLICATION FOR MASSAGE THERAPY CENTER AND MASSAGE THERAPY CERTIFICATE Dear Ms. Barth: This letter will serve as your notification that your application for a Massage Therapy Certificate has been. denied. This denial is based on the background check completed by the Plymouth Police Department and the subsequent recommendation by the Plymouth Police Chief. City Ordinance Section 1135.11 allows you the opportunity to appeal this denial to the City Council. City Ordinance Section 1135.17, Subd. 2., states the following regarding the Appeal: The Certificate holder may appeal a denial, suspension, revocation or non -renewal to the City Council. The City Council shall consider the appeal at the next regularly or specially scheduled City Council meeting 10 days after service of the notice of appeal upon the City Clerk by the Certificate holder. Hearing on the appeal shall be open to the public and the Certificate holder shall have the right to appear and be represented by legal counsel and to offer evidence in behalf of certification. At the conclusion of the hearing, or as soon thereafter as practicable, the City Council may order: a) That the denial, revocation, suspension or non -renewal by the City Manager be affirmed. Ord. 95-21, 04/04/95). b) That the denial, revocation, suspension or non -renewal by the City Manager be lifted and that the Certificate be issued or returned to the Certificate holder. (Ord. 95-21, 04/04/95). c) The City Council may base its order regarding the Certificate upon any additional terms, conditions and stipulations which it may, in its discretion, impose. Please notify Sandy Engdahl, City Clerk if you would like to appeal this denial to the City Council. Sincerely, Diane Perala Office Support Representative cc: City Manager, Laurie Ahrens Police Chief, Mike Goldstein City Clerk, Sandy Engdahl 3400 Plymouth Blvd • Plymouth, Minnesota 55447-1482 • Tel: 763 509-5000 • www.ci.plymouth.mn.us of Page 3 CITY OF PLYMOUTH RESOLUTION No. 2013 - A RESOLUTION APPROVING THE DENIAL OF A MESSAGE THERAPY LICENSE FOR MS. SAMANTHA BARTH WHEREAS, The background investigation conducted by the Plymouth Police Department in regards to the license application for Ms. Samantha Barth has concluded that the application will be denied; and WHEREAS, The denial will be based on the untruthful answer given in the question mentioned above within the application completed by Ms. Samantha Barth and her signed agreement section on the application on January 15, 2012 that stating, "I hereby swear that the statements herein are true to the best of my knowledge and belief. I have read and understand all laws and ordinances pertaining to the licensefor which I am applying. I agree to notify the City ofany change in the residence address, or a change in address ofwhere the massage therapy is practiced, 30 days prior to such change "; and NOW, THEREFORE BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the City Managers recommendation to deny the massage license of Samantha Barth who is seeking employment at Massage Retreat and Spa located at 4445 Nathan Lane, Suite B in the City of Plymouth. Approved this 26th day of February, 2013. Page 4 A"JI, h --W City of Plymouth Resolution No. 2013 - A RESOLUTION APPROVING THE DENIAL OF A MASSAGE THERAPY LICENSE FOR MS. SAMANTHA BARTH WHEREAS, Ms. Samantha Barth was convicted of criminal damage to property, a gross misdemeanor; and WHEREAS, Ms. Samantha Barth stated on her license application that she had not been convicted of an ordinance or other violation other than a traffic offense; and WHEREAS, the background investigation conducted by the Plymouth Police Department in regards to the license application for Ms. Samantha Barth has concluded that the application should be denied; and WHEREAS, the denial is based on the untruthful answer given in the question mentioned above within the application completed by Ms. Samantha Barth and her signed agreement section on the application on January 15, 2012 that stating, "I hereby swear that the statements herein are trice to the best ofmy knowledge and belief. I have react and understand all laws and ordinances pertaining to the license for which I am applying. I agree to notify the City ofany change in the residence address, or a change in address ofwhere the massage therapy is practiced, 30 days prior to such change;" and NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that the massage license of Samantha Barth who is seeking employment at Massage Retreat and Spa located at 4445 Nathan Lane, Suite B in the City of Plymouth is denied. Approved this 26t" day of February, 2013. CITY OF PLYMOUTH E: ATTEST: Sandy Engdahl, City Clerk F68976v1 Kelli Slavik, Mayor rp) c;ty of Plymouth Adding Quality to Life REGULAR COUNCIL MEETING February 26, 2013 Review Deadline: May 4, 2013 Agenda 8.01Number: To: Laurie Ahrens, City Manager Prepared by: Shawn Drill, Senior Planner Reviewed by: Barbara Thomson, Planning Manager and Steve Juetten, Community Development Director Consider a variance to allow off-site signage and Item: signage that would exceed the allowable size, to be located at 2945 Empire Lane (2012092) 1. ACTION REQUESTED: Move to adopt the attached resolution denying a variance requested by Pauly Enterprises, Inc. (d/b/a Plymouth Tire and Auto Service/Goodyear) that would allow off-site signage and signage that would exceed the maximum allowable sign area, to be located on the Perkins Restaurant site at 2945 Empire Lane. Denial or approval of a variance requires a 4/7 vote of the City Council. 2. BACKGROUND: On February 6, 2013, the Planning Commission conducted a public meeting and subsequently voted unanimously to recommend denial of the requested variance. No one from the public was present to speak on the matter. Attached is a letter from the applicant that was received after the Planning Commission meeting. A copy of the Planning Commission meeting minutes and report is also attached. Notice of the Planning Commission's public meeting was mailed to all property owners within 200 feet of the site. The Planning Commission and staff have found that the requested variance does not meet all ofthe applicable variance standards. Since that conclusion is based on standards that are open to interpretation, the City Council could reasonably reach another conclusion on the request. As a result, in addition to a resolution for denial, a draft resolution for approval is also attached for your review and consideration. 3. BUDGET IMPACT: Not applicable. 4. ATTACHMENTS: Letter from Applicant received after the Planning Commission Meeting Planning Commission Minutes Planning Commission Report with Attachments Resolution Denying Variance Draft Resolution Approving Variance P:/Planning Applications through 2012/StaffReports/CC/2012/2012092 Goodyear Sign VAR cc Page 1 Pauly Enterprises, Inc. 2995 Harbor Lane N. Plymouth, MN 55447 February 12, 2013 Dear City Staff, Planning Commissioners, and Council: want to take this opportunity to apologize for missing the meeting on February 6. The planning commission and staff had made the commitment to be there and the least I could have done was show up on time. After work that day, I had picked up my grandchildren from daycare and cared for them until my daughter came home at 5:30PM. I went home and sat down to watch the local news and weather ... and fell sound asleep. I woke about five minutes before 7PM and left for city hall. When I arrived about 7:25PM the meeting was already over. This variance is very important to us and I couldn't believe I missed the planning meeting. I offer this not as an excuse but as an explanation as to why 1 was late and for you to know it was not out of disrespect. I have now had time to review the meeting 1 missed and felt compelled to respond to some of the issues that were discussed. The inability to see any of our signage during the summer months due to the growth of our own and neighboring city mandated landscaping is detrimental to our business. Although we are branded by Goodyear tire, the largest share of our business is auto repair. This will be our 20th year as a family owned business at this location and we hope to be here another 20 years as our son is taking over the business. Although we are established, due to the turnover of residents and commercial businesses, there will always be new people in the area who are not familiar with our location. They can't find us if they can't see us. We also serve the motoring public and unlike the road signs on the interstate that direct you where to fuel your car or eat, there are none for car repair. As a Goodyear dealer, a segment of our business is repairing commercially leased fleet vehicles. These vehicles must be able to see us to find us and they cannot for at least 6 months of the year. These six months are some of our busiest months! We have looked at other ways to obtain visibility. Relocating the pylon, raising the existing pylon sign and freeway signage as exists for fuel and food but none are a viable option. We are fortunate we have the easement on the Perkin's site. Please note that we have been aware of this easement since we purchased the property some 30 years ago but we have not previously requested that our sign be placed on that pylon because of current sign laws and our pylon sign was functional. We lived within the sign laws until the trees made us invisible. Now Page 2 we are asking the city to rectify this problem by allowing our sign to be placed on the Perkin's pylon. In doing so, we lessen the square footage of our sign from 100 square feet to 50 square feet. We recognize the total square footage of the existing pylon sign is 100 square feet. This sign is currently for two businesses and each of them have % the signage they would have if they each had used their own pylon. We could request that they make their signs smaller but this seems unfair to them as they have not caused our visibility problem. We have an excellent working relationship with our neighbors and do not want to get into a contentious fight on signage. In summary, the current sign laws are meant to make an even playing field for all businesses in Plymouth. The lack of visibility to our site during the summer months was not caused by us and it cannot be remedied without removing large trees on our and neighboring properties. This lack of visibility is detrimental to our business and the request to add our sign to the Perkins pylon is the best way to remedy the situation. Granting of this variance is not giving us a financial advantage but rectifying a hardship. Sincerely, Beverly Kottas, president Pauly Enterprises, Inc. You may direct any questions to <bevkottas@yahoo.com> Page 3 Draft Planning Commission Minutes February G, 2013 Page 2 G. NEW BUSINESS A. PAULY ENTERPRISES, INC. (2012092) Chair Davis introduced the request by Pauly Enterprises, Inc. for a variance to allow off-site signage and signage that would exceed the allowable size on the Perkins property located at 2945 Empire Lane North. Senior Planner Drill gave an overview of the staff report. k Commissioner Kobussen asked if the zoning regulations in effect when the private sign easement agreement was made in 1975 would have required that signage be on the same site where the business is located. Senior Planner Drill responded affirmatively and added that the sign regulations at that time did not allow for signage to be as large as it can be today. He noted that in the 1970's and 1990'x, there were occurrences in the city where business signs were located off-site. Responding to Commissioner Oakley's question, Senior Planner Drill stated that the existing signage for the pylon on the Perkins site appears to contain roughly 110 square feet. Chair Davis asked if the Days Inn Hotel has a variance to have their sign located on the pylon on the Perkins site. Senior Planner Drill responded that staff could not find record of one. He said the Days Inn signage has been on the Perkins site for a long time, probably since the hotel was built. He said that the Days Inn Hotel site is covered by the same private easement agreement allowing them to place their sign on the Perkins site. He noted that the city is not a party to the private sign easement agreement. Chair Davis asked if Days Inn did not have their sign on the Perkins pylon today but asked to place a sign there, would they have to go through this same variance application process. Senior Planner Drill replied affirmatively because it would be an off-site sign. Commissioner Kobussen stated that the total signage in the area would be reduced if they were to combine the signs. He said the zoning ordinance serves a purpose and unless there is a very good reason to allow the off-site sign, there is no reason to issue the variance. He said that the applicant has other options; such as removing trees that are blocking the existing sign or they could relocate signage on their site. He said there are other ways to make the signage work and he would not vote in favor of the requested variance. Commissioner Oakley stated he would not support this variance. He said the city was not involved in the private sign easement agreement that was apparently drawn up in a manner that did not conform to applicable city rules. He said that the applicant might want to revisit and address the easement agreements with the other parties. Chair Davis stated he would not vote to approve this request. He said that the applicant was not present to advocate for this project and he would follow staff's recommendation. Page 4 Draft Planning Commission Minutes February 6, 2013 Page 3 MOTION by Commissioner Anderson, seconded by Commissioner Oakley, to deny the request by Pauly Enterprises, Inc. for a variance to allow off-site signage and signage that would exceed the allowable size for property located at 2945 Empire Lane North. Vote. 5 Ayes. MOTION approved. Page 5 Agenda Number fL' File 2012092 PLYMOUTH COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING STAFF REPORT TO: Plymouth Planning Commission FROM: Shawn Drill, Senior Planner (509-5456) through Barbara Thomson Planning Manager MEETING DATE: February 6, 2013 APPLICANT: . Pauly Enterprises, Inc. PROPOSAL: Variance to allow off-site signage and signage that would exceed the allowable size SUBJECT SITE: 2945 Empire Lane GUIDING: C (commercial) ZONING: C-3 (highway commercial) REVIEW DEADLINE: May 4, 2013 InJEJ%rF% P 1 11 V1 RL %JLJT: The applicant owns property and a business (Plymouth Tire and Auto Service/Goodyear) located at 2995 Harbor Lane. The applicant is requesting approval of a variance to allow off-site signage and signage that would exceed the maximum allowable sign area. The proposed signage would be placed on the existing freestanding pylon sign structure located in the east portion of the Perkins Restaurant site, 2945 Empire Lane. That pylon presently includes two signs — one for Perkins and one for the abutting Days Inn Hotel. Under the proposal, a third sign for Goodyear would be added to the pylon (see attached site graphics). Notice of the public meeting was mailed to all property owners within 200 feet. A copy of the notification area map is attached. Page 6 File 2012092 Page 2 CONTEXT: Surrounding Land Uses Previous Actions The Perkins site and Plymouth Tire and Auto Service/Goodyear site were included as part of the same subdivision (Plymouth Freeway Center Addition) that was platted in 1975. When the property was platted, a private easement agreement between the properties was recorded to allow signage for the Plymouth Tire and Auto Service/Goodyear site to be placed on the Perkins site. The City of Plymouth was not a party to that private easement agreement. The Perkins site was developed in 1975. The Plymouth Tire and Auto Service/Goodyear site was developed in 1993. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not 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. ANALYSIS OF REQUEST: The applicant is requesting approval to place a sign for their business off of their site, and on the site of the nearby Perkins property. The sign regulations do not allow such off-site signage. As a result, the first element of the requested variance would allow off-site signage, The sign regulations further specify a maximum allowable sign area of 100 square feet for freestanding signage. The allowable sign area on the pylon is already being used by Perkins and Days Inn. As a result, a second element of the requested variance would allow signage that exceeds the allowable size. Page 7 Ad'acentLarid Use Guidm Zonin North ' Lock Up Self Storage C C-5 commercial/Industrial) West Days Inn Hotel C C-3 East (across WestHealth CO PUD 4-494} commercial office) planned unit devel.) South'(across Industrial/office uses CO O Highway SSS commercial office) office) Previous Actions The Perkins site and Plymouth Tire and Auto Service/Goodyear site were included as part of the same subdivision (Plymouth Freeway Center Addition) that was platted in 1975. When the property was platted, a private easement agreement between the properties was recorded to allow signage for the Plymouth Tire and Auto Service/Goodyear site to be placed on the Perkins site. The City of Plymouth was not a party to that private easement agreement. The Perkins site was developed in 1975. The Plymouth Tire and Auto Service/Goodyear site was developed in 1993. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The city's discretion in approving or denying a variance is limited to whether or not 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. ANALYSIS OF REQUEST: The applicant is requesting approval to place a sign for their business off of their site, and on the site of the nearby Perkins property. The sign regulations do not allow such off-site signage. As a result, the first element of the requested variance would allow off-site signage, The sign regulations further specify a maximum allowable sign area of 100 square feet for freestanding signage. The allowable sign area on the pylon is already being used by Perkins and Days Inn. As a result, a second element of the requested variance would allow signage that exceeds the allowable size. Page 7 File 2012092 Page 3 In their narrative, the applicant states that the trees on their property and the neighboring properties have matured to the point where they conceal existing freestanding and wall signage on their site. The applicant farther states that the proposed signage would help to maintain business at their location. Under the proposal, the applicant would remove the existing 100 -square foot freestanding sign located in the northeast portion of their site at 2995 Harbor Lane (see attached site graphics). The applicant would then add a 48 -square foot sign to the existing pylon on the Perkins site at 2945 Empire Lane. This would result in a reduction of roughly 50 percent of the applicant's freestanding signage. The Planning Commission must review the request against the applicable variance standards, as outlined in the zoning ordinance and provided below. In review of the standards, staff finds the following: 1) The variance, and its and 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. Staff finds that the proposed sign would not be in harmony with the purpose and intent of the zoning ordinance, and more specifically, with the purposes and intent of the sign regulations to: a) regulate the number, location, size, type, illumination and other physical characteristics of signs in order to promote the public health, safety and welfare; and b) maintain, enhance and improve the aesthetic environment by preventing visual clutter that is detrimental to the appearance and vitality of the community. 2) The variance applicant has satisfactorily established that there are practical difficulties in complying with this Chapter. "Practical difficulties" means that: a. the anolicant proposes to use the property in a reasonable manner not permitted by the Chapter; b. the plight of the landowner is due to circumstances unique to the property that were not created by the landowner; and c. the variance, if granted, would not alter the essential character of the locality. Staff finds that there may be practical difficulties related to the request. Although the applicant could trim or replant trees on their site to improve the views of the existing signage, the applicant does not have control ofthe trees off of their site. 3) The variance request is not based exclusively upon economic considerations. Stafffinds that the request is based upon economic considerations. Page 8 File 2012092 Page 4 4) The variance, and its resulting construction or project, would not be detrimental to the public welfare, nor would it be injurious to other land or improvements in the neighborhood. Staff finds that the proposed sign would not be injurious to other land or improvements in the area because the area is fully developed with commercial uses. Staff does find, however, that the requested sign may result in confusion for the traveling public because the business proposed to be advertised (Goodyear) is not located on the site where the sign would be located. 5) The variance, and its resulting construction or project, would not impair an adequate supply of light and air to adjacent properties, nor would it increase traffic congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. Staff finds that the proposed sign would not impair an adequate supply of light and air to adjacent properties, nor would it increase congestion, increase the danger of fire, or substantially diminish property values within the neighborhood. G) The variance requested is the minimum action required to address or alleviate the practical difficulties. Based upon the above review, the requested variance does not appear to be the minimum action required to alleviate any practical difficulties. CONCLUSION: Staff finds that the proposal does not meet all of the applicable variance standards. Since staff s conclusion on the variance request is based on standards that are open to interpretation, the Planning Commission could reasonably reach another conclusion. RECOMMENDATION: Community Development Department staff recommends denial of the request by Pauly Enterprises, Inc. for a variance to allow off-site signage and signage that would exceed the allowable size for property located at 2945 Empire Lane, subject to the findings listed in the attached resolution. A draft resolution for approval is also attached. Page 9 File 2012092 Page 5 ATTACHMENTS: 1. Draft Resolution Denying Variance 2. Draft Resolution Approving Variance 3. Location Map 4. Aerial Photo 5. Notification Area Map 6. Applicant's Narrative 7. Site Graphics HPlanningApplications/StaffReports/PC/201212012092 Plymouth Goodyear Sign VARpc Page 10 HARBOR LA Q Y CM CD O z -9 Z w LL LLJ STS TF y CO LLJNOSSz Location Map - 2012092 Request by Plymouth Tire and Auto Service Goodyear) located at 2995 Harbor Lane for Variance for signage at 2945 Empire Lane City of Plymouth, Minnesota 300 150 0 300 600 900 Feet Page 11 M A wOw1qO loss] i_ ' _ r I i f IT — 2995 l I ONO a h f l r r I crm -M I f 4* I -46 f SITE to Ono Map Comments: 2945 EMPIRE LANI jPLYMOUTH, MN li ii ii 14) 0) 0) Sal KRAOft 1A N Print Date: 11/8/2012 IMap Legend: Map Scale: V = 255' Buffer Size: 200 feet A oi- I ri Roads Parcel Btaff er Region ".4 Se tected Parte Is HENNEPIN Map Comments: 2945 EMPIRE LANI jPLYMOUTH, MN li ii ii 14) 0) 0) Sal Print Date: 11/8/2012 IMap Legend: Map Scale: V = 255' Buffer Size: 200 feet Water Major Roads oi- I ri Roads Parcel Btaff er Region ".4 Se tected Parte Is HENNEPIN For more information contact: Hennepin County GIS Division 300 South 6th Street Minneapolis, MN 55487 gis.jnfo@co.hennepin.rnn.uS Map Comments: 2945 EMPIRE LANI jPLYMOUTH, MN li ii ii 14) 0) 0) Page 13 11/8/2012 Ah Print Date: 11/8/2012 IMap Legend: Map Scale: V = 255' Buffer Size: 200 feet Water Major Roads oi- I ri Roads Parcel Btaffer Region ".4 Se tected Parte Is HENNEPIN Page 13 11/8/2012 APPLICANT'S NARRATIVE Variance Request: C)oiz OqL To replace our current pylon sign located on the Goodyear site, with a new sign approximately 50 square feet in size to be located on the Perkin's pylon. (Easement for this sign was granted when the Plymouth Freeway Center was originally developed.) The variance would be for the size of the sign and the location off our property. Our pylon signage would actually decrease by half in allowing this request. History: The Plymouth Freeway Center was developed by Harris Properties and includes the area now occupied by the Reserve, New Horizon Childcare, Comfort Inn, Master Collision, Lock-up Storage, Perkins, Days Inn, Wells Fargo, Holiday and the Goodyear. When the land was originally platted, an easement was granted for a pylon sign to be placed on the eastern edge of what is now the Perkin's property. The pylon were to be used for Perkin's, Day's Inn and the parcel on which the Goodyear now is located. In 1985 we purchased the land that now is the Holiday and Goodyear site. We installed a pylon Goodyear sign on the Goodyear property. Until the last two years, this sign has served us well. Now the trees in the area are mature and block all visibility of the pylon sign (and all building signage) especially during the summer months. This includes visibility from Interstate 494, State Highway 55 and Fernbrook Lane. Our first response was to look into the possibility of redoing our landscaping even though this would require replacing some mature trees with younger ones. Upon verifying sight lines that would be achieved by re -doing our landscape, we came to the realization that it was not only our trees that were blocking visibility to the pylon sign, but also the mature trees on the neighboring properties. Plight of Landowner and Conformity of Request as set forth in Section 21030 of the Plymouth Zoning Ordinance: We have a unique set of circumstances in our request for a variance. For the last eighteen years we were able to live within existing sign ordinances. It is only since the landscaping has matured so that most of the trees are taller than the pylon sign that we have needed to look for alternatives for placing Page 14 the sign. We are fortunate that we already have an easement on an existing property that was filed when Plymouth Freeway Center was developed. There is no other area on our property that gives us visibility without the removal of large mature trees on our property and even then, the sign would still be blocked by neighboring sites' mature trees. Placing the Goodyear sign under the Perkin's and Day's Inn sign would not alter the essential character of the local. The Perkin's sign and Day's Inn's sign already exist. We would place the Goodyear sign lower than the Day's Inn's sign so that it would not affect visibility of these signs. The easement for the sign does not interfere with local traffic and should not be detrimental to public welfare or injurious to other land or improvements in the neighborhood. The granting of the variance and new placement of the Goodyear sign would not impair an adequate supply of light and air to adjacent properties, nor would it substantially increase traffic congestion in public streets, increase danger of fire, endanger the public safety, or substantially diminish property values within the neighborhood. The variance requested is the minimum action required to address and alleviate practical difficulties. Page 15 tz CON5TKUCTION OF THE FACE5 TO BE DETEKMINED FLEX FACE OR SECOND 5URFACE LEXAN FACE -13, f l YELLOW GRAPHPGS- PM5-109 -3630-015 Q 5630-22 BLACK DROP 5HADOW & OUTLINE T1RE 5EJ1VlEE BLUE FIELD- P A5-2815- 3030-157- irrtroFa AI.UMINLW CAMNET5 PAINTED TO MATCH FM542;;-GRAY EXI5TING HIGH R15E FOLE5 E:XISnNGCONDITION5 N/5 APPROXIMATELY 80" €3ETWFEN POLES RI.4112/02-TO NCL NEW PAINT & ]PENT R2-5!10/02-GDY. ilWh1. LETTERS REFACED R3-11/15112-GDY. 75N PANELS TO F5 SIGN AND TSN REPLACE GEMINI AREUNKNOWN APPROXIMATE 1 ILLUMINATED 51GN5 7 'T5N' GKAPHIC5 BACK ON EACH [ IG POLE5 N/5 I Sao$ IDENTIFICATION P901`05AL FOR: 247-9PLYMOUTH erurw rn - 1144 EAST MARKET STREET TIRE & AUTO SERVICE 04/12/02 AKRON, OH. 44316-0001 2.995 HAR50P, LANE ta"fA.ea>L, IDENTIFICATION DEPARTMENT FLYMOUTH, MN 55447 A5 NOTED ON Pao WWI" FORMAT Goodye Sign Page 17 I 0 M# 19IMON- 7A A, 4 600orVEAR n he rpmnvip P'Nli4k 11 Days Inn CITY OF PLYMOUTH RESOLUTION No. 2013- A RESOLUTION DENYING A VARIANCE FOR PAULY ENTERPRISES, INC. TO ALLOW OFF-SITE SIGNAGE AND SIGNAGE THAT WOULD EXCEED THE MAXIMUM ALLOWABLE SIZE TO BE LOCATED AT 2945 EMPIRE LANE 2012092) WHEREAS, Pauly Enterprises, Inc. owns and operates Plymouth Tire and Auto Service/Goodyear located at 2995 Harbor Lane; and WHEREAS, Pauly Enterprises, Inc. has requested approval of a variance to allow off-site signage and signage that would exceed the maximum allowable sign area to be located on the Perkins Restaurant site located at 2945 Empire Lane; and WHEREAS, the proposed sign would be located on property legally described as Lot 4, Block 1, Plymouth Freeway Center Addition, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does deny the request by Pauly Enterprises, Inc. for a variance to allow off-site signage and signage that would exceed the maximum allowable sign area to be located on the Perkins Restaurant site located at 2945 Empire Lane, based on the finding that all the variance standards would not be met, as follows: 1. The proposed sign would not be in harmony with the purpose and intent of the zoning ordinance, and more specifically, with the purposes and intent of the sign regulations to: a) regulate the number, location, size, type, illumination and other physical characteristics of signs in order to promote the public health, safety and welfare; and b) maintain, enhance and improve the aesthetic environment by preventing visual clutter that is detrimental to the appearance and vitality of the community. 2. There may be practical difficulties related to the request. Although the applicant could trim or replant trees on their site to improve the views of the existing signage, the applicant does not have control of the trees off of their site. Page 20 Resolution 2013- 2012092) Page 2 3. The request is based upon economic considerations. 4. The proposed sign would not be injurious to other land or improvements in the area because the area is fully developed with commercial uses. However, the requested sign may result in confusion for the traveling public because the business proposed to be advertised (Goodyear) is not located on the site where the sign would be located. 5. The proposed sign would not impair an adequate supply of light and air to adjacent properties, nor would it increase congestion, increase the danger of fire, or substantially diminish property values within the neighborhood. 6. The requested variance does not appear to be the minimum action required to alleviate any practical difficulties. Approved this 26th day of February, 2013. 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 February 26, 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 21 CITY OF PLYMOUTH RESOLUTION No. 2013- A RESOLUTION APPROVING A VARIANCE FOR PAULY ENTERPRISES, INC. TO ALLOW OFF-SITE SIGNAGE AND SIGNAGE THAT WOULD EXCEED THE MAXIMUM ALLOWABLE SIZE TO BE LOCATED AT 2945 EMPIRE LANE 2012092) WHEREAS, Pauly Enterprises, Inc. owns and operates Plymouth Tire and Auto Service/Goodyear located at 2995 Harbor Lane; and WHEREAS, Pauly Enterprises, Inc. has requested approval of a variance to allow off-site signage and signage that would exceed the maximum allowable sign area to be located on the Perkins Restaurant site located at 2945 Empire Lane; and WHEREAS, the proposed sign would be located on property legally described as Lot 4, Block 1, Plymouth Freeway Center Addition, Hennepin County, Minnesota; and WHEREAS, the Planning Commission has reviewed said request at a duly called public meeting. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLYMOUTH, MINNESOTA, that it should and hereby does approve the request by Pauly Enterprises, Inc. for a variance to allow off-site signage and signage that would exceed the maximum allowable sign area to be located on the Perkins Restaurant site located at 2945 Empire Lane, subject to the following: 1. The requested variance is hereby approved, in accordance with the application materials received by the city on October 26, 2012 and January 4, 2013, except as may be amended by this resolution. 2. The requested variance is approved, based on the finding that all applicable variance standards would be met. 3. Prior to installation of the sign, a sign permit and an electrical permit are required. The applicant must also demonstrate that the existing pylon is capable of supporting the proposed sign. 4. The property at 2995 Harbor Lane shall not be allowed to have a freestanding sign as long as a sign for the business at 2995 Harbor Lane (Goodyear site) is displayed on property located at 2945 Empire Lane (Perkins site). Page 22 5. The variance shall expire one year after the date of approval, unless the property owner or applicant has commenced the authorized improvement or use, or unless the applicant, with the consent of the property owner, has 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 this 26th day of February, 2013. 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 , 2013, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this day of City Clerk Page 23 c;ty or Agenda 9 . 0 1PlymouthNumber: Iridin, Qphty da Life To: Laurie Ahrens, City Manager REGULAR COUNCIL MEETING Prepared by: Dave Callister, Administrative Services Director February 26, 2013 Item: Legislative Update 1. THIRD LANE ON 494: Senate File No. 239 (Bon off, Latz, Limmer, Rest, Franzen) -Appropriating $50 million for additional lanes on Highway 494 from Highway 55 to East Fish Lake Road. On February 13, 2013, Mayor Slavik and Councilmember Johnson testified before the Senate Transportation Committee in support of the bill. The bill was laid over and may be considered for omnibus bill. House File No. 465 (Benson, Carlson, Anderson, Peppin, Selcer) —Appropriating $50 million for additional lanes on Highway 494 from Highway 55 to East Fish Lake Road. Hearing is scheduled before House Transportation Finance Committee on February 27, 2013. Scheduled to testify are Mayor Slavik and Councilmembers Johnson and Wosje. 2. SALES TAX EXEMPTION FOR CITIES: House File No. 295 (Zerwas) — Sales Tax on purchases by political subdivisions eliminated. On February 13, 2013, Mayor Slavik testified before the House Tax Committee in support of the bill. The City of Plymouth currently pays an estimated $545,000 per year in state sales taxes that would be eliminated under provisions ofthe bill. 3. DATA PRACTICES: Senate File No. 60 (Scalze) - Personal e-mail addresses and telephone numbers that are collected, maintained, or received by a government entity for notification or information purposes would be private data on individuals, but may be shared with any other government entity for governmental purposes. The initial hearing before the Judiciary Committee was held on January 29, 2013. The bill was laid on the table by the Committee. Page 1 On February 22, 2013, Councilmember Stein and I met with Senator Latz who is the Chair of the Senate Judiciary Committee, to review the city's legislative priorities and to express our concerns with the current law and our support for SF 60. The city maintains numerous email lists and other online services in order to make doing business with the city easier and enhance communication with citizens. Staffbelieves that releasing the contact information is a violation of their expected privacy, and negates the trust the city tries to build and maintain with citizens as well as limits effective communications. We believe citizens sign up to receive information from the city, not emails or phone calls from a third party. In addition, the staff time involved in processing such requests is substantial. Under current law, all government entities are required to provide this public information upon request. Page 2 01/28/13 This document can be made available in alternative Formats upon request REVISOR State of Minnesota RSI/KS HOUSE OF REPRESENTATIVES EICHTYEICHT}I SESS[ON H. F. No. 02/11/2013 Authored by Benson, 7.; Carlson; Anderson, S.; Peppin; Selcer and others The bill was read for the first time and referred to the Committee on Transportation Finance 13-1194 1.1 A bill for an act 1.2 relating to transportation; highways; appropriating money for adding lanes to a 1.3 portion of Interstate Highway 494; authorizing sale of trunk highway bonds. 1.4 BE IT ENACTED BY TIIE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. APPROPRIATION; BOND SALE AUTHORIZATION. 1.6 Subdivision L Appropriation. $50,000,000 is appropriated from the bond pKqcccds 1.7 account in the trunk highway fund to the commissioner of transportation to construct 1.8 additional lanes on marked Interstate Highway 494 from the interchange at marked Trunk 1.9 Hi hwa 55 to the bridge over East Fish Lake Road. 1.10 Subd. 2. Bond sale authorization. To provide the money appropriated in 1.11 subdivision 1 from the bond proceeds account in the trunk highway fund, the commissioner 1.12 of management and budget shall sell and issue bonds of the state in an amount a to 1.13 $50,000,000 in the manner, upon the terms, and with the effect prescribed by Minnesota 1.14 Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution, article XIV, section 1.15 11, at the times and in the amounts requested by the commissioner of transportation. The 1.16 proceeds of the bonds, except accrued interest and any premium received from the sale of 1.17 the bonds, must be deposited in the bond proceeds account in the trunk hi hway fi1nd. 1.18 EFFECTIVE DATE. This section is effective the day following final enactment. Page 3 State of Minnesota HOUSE OF REPRESENTATIVES EIGHTY-EIGHTH SESSION H. F. N O. 2 9 5 02/04/2013 Authored by Zerwas, Hertaus, O'Driscoll and Uglem The bill was read for the first time and referred to the Committee on Taxes H.F. No. 295, as introduced - 88th Legislative Session (2013-2014) Posted on Feb 04, 2013 1. zA bill for an act 1. 2relating to taxation; eliminating sales tax on purchases by political subdivisions; 1. 3amending Minnesota Statutes 2012, section 297A.70, subdivision 2. 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. Minnesota Statutes 2012, section 297A.70, subdivision 2, is amended to read: z. 6 Subd. 2. Sales to government. (a) All sales, except those listed in paragraph (b), 1. 7to the following governments and political subdivisions, or to the listed agencies or 1. sinstrumentalities of governments and political subdivisions, are exempt: i.9(1) the United States and its agencies and instrumentalities; i. i o(2) school districts, local governments, the University of Minnesota, state universities, 1. iicommunity colleges, technical colleges, state academies, the Perpich Minnesota Center for i . z2Arts Education, and an instrumentality of a political subdivision that is accredited as an z .13optional/special function school by the North Central Association of Colleges and Schools; 1.14(3) hospitals and nursing homes owned and operated by political subdivisions of 1. i5the state of tangible personal property and taxable services used at or by hospitals and i . z 6nursing homes; i . z 7(4) the Metropolitan Council, for its purchases ofvehicles and repair parts to equip z . zaoperations provided for in section 473.4051; 1. 19(5) other states or political subdivisions of other states, if the sale would be exempt 1. 2ofrom taxation if it occurred in that state; and 1. 21(6) public libraries, public library systems, multicounty, multitype library systems as z.22defined in section 134.001, county law libraries under chapter 134A, state agency libraries, 1. 23the state library under section 480.09, and the Legislative Reference Library. 1. 24!^71 2. z(b) This exemption does not apply to the sales of the following products and services: 2.2(1) building, construction, or reconstruction materials purchased by a contractor 2.3or a subcontractor as a part of a lump -sum contract or similar type of contract with a Page 4 z. 4guaranteed maximum price covering both labor and materials for use in the construction, 2.5alteration, or repair of a building or facility; z. 6(2) construction materials purchased by tax exempt entities or their contractors to 2.7be used in constructing buildings or facilities which will not be used principally by the 2. stax exempt entities; 2.9(3) the leasing of a motor vehicle as defined in section 29713.01, subdivision 11, 2. ioexcept for leases entered into by the United States or its agencies or instrumentalities; 2.11(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause 2.12(2), and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 2.13297A.67, subdivision 2 , except for lodging, prepared food, candy, soft drinks, and alcoholic 2.14beverages purchased directly by the United States or its agencies or instrumentalities; or 2.15(5) goods or services purchased by a town local government as inputs to goods and 2.16services that are generally provided by a private business and the purchases would be 2.1 taxable if made by a private business engaged in the same activity. 2.18(c) As used in this subdivision, "school districts" means public school entities and 2.19districts of every kind and nature organized under the laws ofthe state ofMinnesota, and 2.2oany instrumentality of a school district, as defined in section 471.59. 2.21(d) As used in this subdivision, "local governments" means cities, counties, and 2.22townships. 2.23(d) As used in this subdivision, "goods or services generally provided by a private 2.24business" include, but are not limited to, goods or services provided by liquor stores, gas 2.25and electric utilities, golf courses, marinas, health and fitness centers, campgrounds, cafes, 2.26and laundromats. "Goods or services generally provided by a private business" do not 2.27include housing services, sewer and water services, wastewater treatment, ambulance and 2.28other public safety services, correctional services, chore or homemaking services provided 2.29to elderly or disabled individuals, or road and street maintenance or lighting. 2.3oEFFECTIVE DATE.This section is effective for sales and purchases made after 2.31June 30, 2013. Page 5 CITY OF PLYMOUTH SALES TAX IMPACT Current Sales Tax on Goods - 6.875 Office Supplies 123,585.76 Office Supplies Coffee and Cups 658.94 Computer Supplies 2,552.55 Operating Supplies 199,081.59 Operating Supplies Photography 1,000.00 Operating Supplies Public Education & Outreach Prj 46,238.95 Operating Supplies Motor Fuels & Lubricants 573,241.17 Operating Supplies Janitorial 55,619.06 Operating Supplies Shooting Range 5,518.91 Operating Supplies Fire Fighting 14,545.25 Operating Supplies Ammunition 20,123.73 Operating Supplies Animal Control 0.00 Operating Supplies Twin City Tree Trust 8,482.60 Operating Supplies Community Education 10,886.96 Operating Supplies DARE Program 13,639.71 Operating Supplies License Plates 3,464.25 Operating Supplies Survey 1,243.38 Operating Supplies Community Planting 61,601.86 Operating Supplies Reforestation 213.89 Operating Supplies Nursery 484.25 Operating Supplies Tree Fertilizer 6,688.84 Operating Supplies CFMH Program 2,701.22 Operating Supplies Tobacco Compliance 0.00 Operating Supplies Alcohol Compliance 0.00 Operating Supplies McGruffTruck Program 0.00 Operating Supplies SWAT Team 19,097.32 Operating Supplies Reserve Program 1,856.73 Operating Supplies Explorer Program 6,352.05 Operating Supplies Volunteer Program 0.00 Operating Supplies Resale 56,097.93 Operating Supplies K9 Unit 8,748.02 Operating Supplies Weather Radios 0.00 Operating Supplies Property Room 530.80 Repair & Maintenance Supplies 69,688.88 Repair & Maintenance Supplies Equipment Parts 462,476.02 Repair & Maintenance Supplies Horticulture 85,797.17 Repair & Maintenance Supplies Traffic and Park Signs 36,175.41 Repair & Maintenance Supplies Sand and Gravel 23,577.69 Repair & Maintenance Supplies Paint 3,196.53 Repair & Maintenance Supplies Lumber 2,690.71 Repair & Maintenance Supplies Concrete and Asphalt 877,833.63 Repair & Maintenance Supplies Concrete Disposal 0.00 Repair & Maintenance Supplies Welding 2,215.90 Repair & Maintenance Supplies Drainage 92,931.00 Repair & Maintenance Supplies Chemicals 488,216.57 Repair & Maintenance Supplies Water Mains 28,034.19 Repair & Maintenance Supplies Sewer Mains 11,073.56 Repair & Maintenance Supplies Meter Parts 152,352.83 Repair & Maintenance Supplies Hydrant Markers 1,731.11 Repair & Maintenance Supplies WaterValves and Curb 76,651.51 Stops Repair & Maintenance Supplies Hydrant Parts 14,626.33 Repair & Maintenance Supplies Playstmcture Repair Parts 14,191.20 Repair & Maintenance Supplies Recharges 3,144.09 Repair & Maintenance Supplies Mailbox Repairs 193.39 Repair & Maintenance Supplies Sprinkler Head Repairs 417.03 Repair & Maintenance Supplies Cell phones & accessories 1,159.67 Miscellaneous Supplies 1,039.73 Miscellaneous Supplies Medical 8,330.07 Miscellaneous Supplies Uniforms 32,570.00 Miscellaneous Supplies Safety Equipment 79,952.24 Miscellaneous Supplies Ergonomic Equipment 0.00 Miscellaneous Supplies Chaplain/SrCorp 0.00 Communications 0.00 Communications Postage 165,992.61 Communications Data Communications 84,875.88 Communications Telephone 31,623.49 Communications Mobile Telephone 61,096.78 Communications Community Identity 3,975.63 Printing and Publishing 51,929.08 Printing and Publishing Plymouth News 20,800.00 Printing and Publishing Recreation Handbook 47,512.39 Deduct non -tax items 56,097.93 tax exempt 343,000.00 ** water treatment 32,570.00 165,992.61 Page 6 Printing and Publishing Truth In Taxation Notices Utilities Utilities Street Lights Utilities Traffic Lights Utilities Natural Gas Utilities Water and Sewer Utilities Solid Waste Utilities Yard Waste Utilities Water Connection Fee Utilities State Summer Water Surcharge Utilities Electric Rentals Rentals Portable Toilets Rentals SIU Vehicles Non -Cap Equip (< 5K) Non -Cap Equip (< 5K) CERT Non -Cap Equip (< 5K) SIU Repair and Maintenance Services Software Repair and Maintenance Services CarWashes Laundry Services Repair and Maintenance Services Landscape Repair and Maintenance Services Lawn Maintenance Repair and Maintenance Services Janitorial Services Repair and Maintenance Services Departmental Software Maint Repair and Maintenance Services Turn Out Gear Repair Repair and Maintenance Services Street Tree Maintenance Repair and Maintenance Services Tree Contract Removal Repair and Maintenance Services Forced Tree Removal 4,872.68 25,491.18 631,913.04 67,371.92 166,123.60 152,451.91 781,036.01 429.38 136,227.00 0.00 1,256,308.46 215,226.28 30,170.99 0.00 294,642.87 0.00 2,681.60 211,147.41 -$168,917.93 only taxed on 20% 4,488.76 20,747.30 134,951.81 13,719.45 113,722.83 92,212.94 -$73,770.35 only taxed on 20 8,719.85 33,933.89 89,613.15 6,019.39 8,776,551.74 ($840,348.82) 545,613.95 Annual Impact of Existing State Sales Tax 7,936,202.92 6.875 Page 7 12/27/12 REVISOR MLT/EE 13-0577 as introduced SENATE STATE OF MINNESOTA EIGHTY-EIGHTH LEGISLATURE SENATE AUTHORS: SCALZrE, Pappas, Sieben, Chamberlain and Nelson) DATE D -PG OFFICIAL STATUS 01/17/2013 72 Introduction and first reading Referred to Judiciary 01/28/2013 107 Author added Nelson S.F. No. 64 1.1 A bill for an act 1.2 relating to data practices; classifying certain contact infonnation; proposing 1.3 coding for new law in Minnesota Statutes, chapter 13. 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.5 Section 1. [13.356] PERSONAL CONTACT INFORMATION. 1.6 Except where disclosure is specifically authorized by law, and notwithstanding 1.7 section 13.04, subdivision 2, the personal e-mail address and telephone number of t.8 an individual that are collected, maintained, or received by a government entity for 1.9 notification or informational purposes are private data on individuals, but may be shared 1.10 with any other government entity for governmental purposes. 1.11 EFFECTIVE DATE. This section is effective the day following final enactment 1.12 and applies to data collected, maintained, or received before, on, or after that date. 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Please enter the code as it is shown in the box above: F I Subscribe Pae 9 http: //www.plymouthnm. gov/index. aspx?page= l 7 2/2072013 MESSERLI & KRAMER 2013 SESSION UPDATE February 22, 2013 LEGISLATIVE CALENDAR February 28 — Budget forecast released March 6 — MLC Board Meeting, 11:30 AM, Heritage Center in Lakeville March 15 — First Committee Deadline: committees must act favorably on bills in the house of origin March 22 — Second Committee Deadline: committees must act favorably on bills, or companion bills, that met the first deadline in the other house March 25/March 31— Passover/Easter holiday April 19 — Third Committee Deadline: the House Ways and Means Committee and the Senate Committee on Finance must act favorably on major appropriation and finance bills May 20 — Constitutional adjournment HIGHLIGHTS OF THE WEEK From Session Daily: Tax conformity with the feds for the 2012 filing year is now law The uncertainty of whether the state will conform to the federal tax changes for 2012 is now settled. Gov. Mark Dayton signed a new law that conforms Minnesota's individual income tax and corporate franchise tax to most of the federal changes for tax year 2012 only. These include the extensions of the higher education tuition and educator classroom expense deductions and the ability of those age 70 1/z years or older to transfer up to $100,000 from an individual retirement account or Roth IRA directly to a qualified charity. The bill also will allow airline employees who received bankruptcy payments to retroactively roll over the payments into a traditional IRA in the year the payments were received. As Minnesotans file their income taxes over the next several months, this legislation will deliver the simplicity and relief they deserve," Dayton wrote in a media release. According to the Department of Revenue, over 250,000 tax filers will benefit from the new law. 10 The tax conformity changes are a result of the American Taxpayer Relief Act of 2012, which was enacted at the end of December, and the Federal Aviation Administration Modernization and Reform Act of2012. The law also includes changes to the Iron Range Resources and Rehabilitation Board. The IRRRB receives funding from the mining companies in lieu ofproperty taxes and then disperses it as grants to Iron Range communities. The board sought changes that included a shift in the board's composition: Instead of having 10 elected and three appointed positions, the board will be comprised solely of senators and representatives who have at least one-third oftheir district in the taconite assistance area. The law is sponsored by Rep. Ann Lenczewski (DFL -Bloomington) and Sen. Rod Skoe (DFL - Clearbrook). HF6*/ SF119/CH3 From Star Tribune: Bill would help police, fire departments cover cost of military leaves St. Paul fire Capt. Chris Parsons was trying to pull a ladder truck out of the station to rush to a medical call when the thing wouldn't budge: The air brake chamber was broken. The truck hadn't received preventive maintenance due to financial strain on the department from overtime costs to replace active military staffers, Parsons said. The incident illustrates why a proposed bill that would provide state dollars to departments is vital to public safety, said Parsons, secretary of the St. Paul firefighters union. He added that in better years, the broken part would have been spotted and replaced long before it failed. State Rep. Erik Simonson, DFL -Duluth, and Sen. Sandy Pappas, DFL -St. Paul, have introduced legislation that would reimburse local governments for the cost ofreplacing personnel on active military duty, including National Guard training. Departments are dipping into their annual budgets for overtime pay, which cuts into equipment maintenance and training, fire officials from St. Paul and Minneapolis said at a news conference Tuesday. The St. Paul Fire Department has about 30 staffers on active or reserve military duty. Minneapolis has about 15. Parsons said that St. Paul spent $480,000 in 2011 and $390,000 in 2012 backfilling for military staff. The Fire Department has a budget of about $55 million. Other coping mechanisms include reducing staffing to cut overtime pay and indefinite or rotating brownouts," where fire stations are closed. In St. Paul, four fire companies rotated through brownouts in 2011. Officials decided to close one station from mid -2012 through the end of 2013. 2- Page 11 St. Paul Fire Chief Tim Butler said brownouts can delay response times, even if only a few minutes, that could be detrimental for calls such as heart attacks, where survivability drops 10 percent every minute. Departments have also taken a hit through cuts to local government aid, said Mark Lakosky, president of the Minneapolis firefighters union. We are pretty much bare -bones on staff," Lakosky said. "We can't absorb" the cost of replacing active military staff. One trade-off is that St. Paul didn't send any of its 435 firefighters to paramedic school last year even though about a dozen expressed interest, Butler said. It costs $11,000 per person for nine months of schooling. St. Paul firefighters are cross -trained as EMTs or paramedics. Paramedics are down to about 135, when about 150 to 160 would be ideal, Butler said. Simonson, an assistant fire chief, and Pappas said the state fund would ideally contain more than 1 million that would be distributed as grants. It's unclear how many active military personnel work as first responders in Minnesota, but Parsons and Lakosky said their numbers will only increase due to federal and state laws that give active and discharged members preference in government jobs. Bill introduced requiring process before implementing organized collection Senator Marty introduced a bill amending the process cities follow prior to implementing organized collection. As introduced, SF 510 says cities must establish an organized collection options committee to evaluate the various methods of collecting solid waste. There are various required duties of this governing body, including issuance of a report on the committee's research and findings to the governing body of the city. The governing body must hold at least one public hearing before making its decision on organized collection, and shall consider the report ofthe organized collection options committee. BILL INTRODUCTIONS Senators Marty and Scalze introduced--S.F. No. 510: A bill for an act relating to solid waste; amending process for cities to implement organized collection of solid waste Senator Metzen introduced--S.F. No. 542: A bill for an act relating to capital improvements; appropriating money for park and trail improvements in Inver Grove Heights 3- Page 12 Senators Skoe, Rest, Bakk, Marty and Dziedzic introduced--S.F. No. 552: (Governor's Tax Bill) A bill for an act relating to taxation; providing for tax law modernization and reform; establishing a property tax rebate; reducing state business property tax; establishing a fourth tier income tax; lowering the sales tax rate and broadening the tax base; lowering the corporate franchise tax rate and simplifying the tax by eliminating certain tax preferences; providing for local government aid and county program aid; appropriating money Senators Metzen and Sieben introduced--S.F. No. 558: A bill for an act relating to emergency medical services; making changes to the special taxing districts Senators Hoffman, Johnson, Benson, Chamberlain and Petersen, B. introduced--S.F. No. 569: A bill for an act relating to education; providing property tax relief, increasing and indexing equalization levies Senator Skoe introduced--S.F. No. 576: A bill for an act relating to education finance; creating education advancement revenue; reducing the operating referendum; reducing property taxes; appropriating money Senators Pederson, J. and Dibble introduced--S.F. No. 583: A bill for an act relating to transportation; amending local option taxes for transportation; broadening authority for county wheelage tax; amending authority for greater Minnesota transportation sales tax; making technical changes Senator Johnson introduced--S.F. No. 606: A bill for an act relating to local government; providing for additional financing ofparks, trails, and recreational facilities for local units of government by special fees Senators Carlson; Pederson, J. ; Dibble; Senjem and Rest introduced--S.F. No. 607: A bill for an act relating to municipalities; authorizing municipalities to establish street improvement districts and apportion street improvement fees within districts; requiring adoption of street improvement plan; authorizing collection of fees Senators Hoffman and Johnson introduced--S.F. No. 610: A bill for an act relating to tax increment financing; extending the four-year rule for certain districts Senators Rest, Eaton, Ortman and Pederson, J. introduced--S.F. No. 669: A bill for an act relating to tax increment financing; extending temporary authority Senators Rest, Eaton and Pederson, J. introduced--S.F. No. 670: A bill for an act relating to tax increment financing; extending the five-year rule to ten years Senator Dibble introduced--S.F. No. 694: A bill for an act relating to transportation; establishing the governor's budget for transportation; appropriating money for transportation, Metropolitan Council, and public safety activities; providing for fund transfers and tort claims; establishing a transportation economic development account and related regulations; clarifying expenses not considered trunk highway purposes; modifying the grade crossing safety account; providing authority to issue revenue bonds; establishing a metropolitan area sales and use tax for transit; extending an effective date; making exemptions 4- Page 13 Lenczewski introduced: H. F. 668, A bill for an act relating to tax increment financing; providing an adjustment to original net capacity for certain districts Lenczewski introduced: H. F. 677, (Governor's Tax Bill) A bill for an act relating to taxation; providing for tax law modernization and reform; establishing a property tax rebate; reducing state business property tax; establishing a fourth tier income tax; lowering the sales tax rate and broadening the tax base; lowering the corporate franchise tax rate and simplifying the tax by eliminating certain tax preferences; providing for local government aid and county program aid; appropriating money Lenczewski introduced: H. F. 692, A bill for an act relating to special assessments; defining unimproved property for purposes of deferments; reorganizing provisions relating to the assessment hearing; making conforming amendments Simonson introduced: H. F. 700, A bill for an act relating to liquor; modifying off -sale intoxicating liquor sales Atkins introduced: H. F. 702, A bill for an act relating to capital improvements; appropriating money for park and trail improvements in Inver Grove Heights; authorizing the sale and issuance of state bonds. Nelson and Schoen introduced: H. F. 706, A bill for an act relating to tax increment financing; extending temporary authority Nelson introduced: H. F. 707, A bill for an act relating to tax increment financing; extending the five-year rule to ten years Masin, Erhardt, Hornstein, Metsa, Newton and Dorholt introduced: H. F. 708, A bill for an act relating to transportation; amending local option taxes for transportation; broadening authority for county wheelage tax; making technical changes Sawatzky, Hornstein, Erhardt and Brynaert introduced: H. F. 709, A bill for an act relating to transportation; amending local option taxes for transportation; broadening authority for county wheelage tax; amending authority for greater Minnesota transportation sales tax; making technical changes Hornstein introduced: H. F. 721, A bill for an act relating to transportation; establishing the governor's budget for transportation; appropriating money for transportation, Metropolitan Council, and public safety activities; providing for fund transfers and tort claims; establishing a transportation economic development account and related regulations; clarifying expenses not considered trunk highway purposes; modifying the grade crossing safety account; providing authority to issue revenue bonds; establishing a metropolitan area sales and use tax for transit; extending an effective date; making exemptions Mahoney introduced: H. F. 729, A bill for an act relating to state government; proposing the governor's budget for jobs and economic development; increasing certain fees; streamlining construction inspections; creating the Minnesota job creation fund; expanding the Minnesota Trade Offices; creating STEP grants; reducing the unemployment insurance tax; creating the 5- Page 14 transportation economic development assistance program; repealing the Minnesota Science and Technology Authority; requiring reports; appropriating money to various departments, agencies, and boards Newton, Uglem, Hortman and Scott introduced: H. F. 732, A bill for an act relating to tax increment financing; extending the four-year rule for certain districts Erhardt, Hornstein, Gunther and Torkelson introduced: H. F. 745, A bill for an act relating to municipalities; authorizing municipalities to establish street improvement districts and apportion street improvement fees within districts; requiring adoption of street improvement plan; authorizing collection of fees Sawatzky introduced: H. F. 761, A bill for an act relating to transportation; modifying the sign franchise program; making changes to the trunk highway emergency relief account; modifying requirements for variances from rules and engineering standards for the county state -aid highway and municipal state -aid street systems; amending a definition in the formula for apportionment to cities; modifying the public transit participation program; updating railroad crossing warning sign requirements; making conforming changes to medical waiver requirements for intrastate motor carrier drivers Mack introduced: H. F. 775, A bill for an act relating to local government; authorizing tax increment financing in the city of Apple Valley. Mack introduced: H. F. 776, A bill for an act relating to local government; authorizing a tax increment financing district in the city of Apple Valley. Nelson, Marquart, Davids, Loon and Dill introduced: H. F. 781, A bill for an act relating to local government; exempting nonprofit organizations from certain fees and charges Lenczewski introduced: H. F. 827, A bill for an act relating to taxes; making technical and clarifying changes to data practices provisions related to the administration of property taxes Savick and McNamar introduced: H. F. 853, A bill for an act relating to public safety; fire and police department aid; modifying threshold for financial reports and audits The 2013 Session Update is assembled by Tom Poul and Carolyn LaViolette. For additional information or questions about the 2013 Session, you can reach them at tpoul@messerlikramer.com or claviolette@messerlikramer.com. 6- Page 15